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Home My WebLink AboutNOVEMBER 24, 2009 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS ,JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall- District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERI'M DYER" Cemerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR- JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 24 NOVEMBER 2009 I. CITY COUNCIL'S BRIEFING: - Conference Room - A. OFFICE OF VOLUNTEER RESOURCES - Annual Report Mary Russo, Director II. CITY MANAGER'S BRIEFINGS: A. 29TH STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) Gary Jones, Engineering Manager - Public Utilities B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Clycncl@vbgov.com 3:00 PM 5:00 PM VI. FORMAL SESSION AGENDA - Council Chamber .. 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 10,2009 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARING 1. LASKIN ROAD GATEWAY PHASE I-A Acquisition by Agreement or Condemnation J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 12-49.1 of the City Code re the Fire Marshall's permits and inspection fees 2. Ordinance to CONFIRM the Declaration of Local Emergency re threats posed by the November 12, 2009, Nor'Easter coastal flooding event. 3. Resolution to REQUEST the Secretary of the Navy consider basing its new Naval Littoral Combat Ships (LCS), including the command organization and floating assets, at the Joint Expeditionary Base Little Creek-Fort Story (JEBLC-FT). 4. Resolution recognizing the One Hundred Fiftieth Anniversary of Ebenezer Baptist Church and DECLARING November 16,2009, as "Ebenezer Baptist Church Day". K. PLANNING 1. Application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility (fitness center) at 1079 Independence Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 2. Application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road. DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 3. Application of LIVING WORD GOSPEL CHURCHILYNN SHORES, L.L.C. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 4. Application of GREGORY P. MARSHALL/SAL VA TORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 5. CITY OF VIRGINIA BEACH Ordinances to AMEND: a. Section 501 ofthe City Zoning Ordinance (CZO) re permissible floor area for accessory structures RECOMMENDATION APPROVAL b. Section 4.1 of the Subdivision Regulations re roadway radius of cul-de-sac streets RECOMMENDATION APPROV AL L. APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES - General Election of November 3, 2009 O. ADJOURNMENT City Council Sessions ] December 1 and 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3, 7:00 PM Kellam High School, 2323 Holland Road ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Gloria 11/24/09gw www.vbl!ov.com I. CITY COUNCIL'S BRIEFING: - Conference Room - 3:00 PM A. OFFICE OF VOLUNTEER RESOURCES - Annual Report Mary Russo, Director II. CITY MANAGER'S BRIEFINGS: A. 29TH STREET SEWER PUMP STATION LAND TRANSFER TO HAMPTON ROADS SANITATION DISTRICT (HRSD) Gary Jones, Engineering Manager - Public Utilities B. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 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 5:00 PM VI. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clarence McPherson Turning Point Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 10,2009 G. FORMAL SESSION AGENDA H. CONSENT AGENDA .rsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. '. I. PUBLIC HEARING 1. LASKIN ROAD GATEWAY PHASE I-A Acquisition by Agreement or Condemnation J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Section 12-49.1 of the City Code re the Fire Marshall's permits and inspection fees 2. Ordinance to CONFIRM the Declaration of Local Emergency re threats posed by the November 12,2009, Nor'Easter coastal flooding event. 3. Resolution to REQUEST the Secretary of the Navy consider basing its new Naval Littoral Combat Ships (LCS), including the command organization and floating assets, at the Joint Expeditionary Base Little Creek-Fort Story (JEBLC-FT). 4. Resolution recognizing the One Hundred Fiftieth Anniversary of Ebenezer Baptist Church and DECLARING November 16,2009, as "Ebenezer Baptist Church Day". CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 12-49.1 of the City Code Pertaining to Permits and Inspections Fees (Fire Marshall) MEETING DATE: November 24, 2009 . Background: Recently, the Fire Marshal's Office was contacted regarding the correct application of the fire inspection fees listed in 12-49.1. . Considerations: This amendment makes clear that each individual business premises located within any structure is subject to annual fire inspections and the fee. It also clarifies that the first and second re-inspection, if such follow-up is required after the annual inspection, is free of charge. This amendment exempts City and Virginia Beach City Public Schools facilities from annual fire inspection/re-inspection fees. . Public Information: This item will be disseminated to the public through the normal Council agenda process. . Recommendations: Adopt ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~ City Manager: ~/1A{ j;) -zJ~ 1 AN ORDINANCE TO AMEND SECTION 12- 2 49.1 OF THE CITY CODE PERTAINING TO 3 PERMITS AND INSPECTIONS FEES (FIRE 4 MARSHALL) 5 6 SECTION AMENDED: 912-49.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 12-49.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 ARTICLE III. FIRE PREVENTION CODE 15 16 17 18 Sec. 12-49.1. Permits and inspections fees. 19 20 Fees for permits or inspections required by this article or the Virginia Statewide 21 Fire Prevention Code are hereby levied in accordance with the following schedule: 22 23 (1) There is hereby a ch:uge of $50.00 for all initial fire inspections. This fee 'Nil! 24 apply for each structure '.vithin norm:lI inspection cycles. Annual fire inspection fee... 25 ,$50.00. However, each business premise located within a structure shall be inspected 26 independently of other areas located in the structure. This fee shall not be levied for the 27 inspection of City or VirQinia Beach City Public School facilities. 28 (2) Reinspection fee for third re-inspection and every subsequent inspection to 29 demonstrate compliance with the Virginia Statewide Fire Prevention Code. . . $25.00.:. 30 No fee shall be charQed for any necessary first or second re-inspection. This fee shall 31 not be levied for the inspection of City or VirQinia Beach City Public School facilities. 32 33 34 The fees imposed pursuant to this section shall be used to defray the cost of 35 enforcement and appeals under the Statewide Fire Prevention Code. The city manager 36 or his designee may waive any of these fees for permits required in the performance of 37 a contract with the City of Virginia Beach, provided that a written waiver is filed with the 38 fire.department along with a copy of the contract. 39 40 COMMENT 41 42 This amendment makes clear that each individual business premises located within any 43 structure is subject to annual fire inspections and the fee. It also clarifies that the first and second 44 re-inspection, if such follow-up is required after the annual inspection, is free of charge. This 45 amendment exempts City and Virginia Beach City Public Schools facilities from annual 46 inspection/re-inspection fees. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. APPROVED AS TO CONTENT: a ,Lf: Fire Department CA11300 R-3 November 10, 2009 APPROVED AS TO LEGAL SUFFICIENCY: c2~- ity Atto 's Offl ~ i Iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to the Threats Posed by the November 12, 2009 Coastal Flooding Event MEETING DATE: November 24, 2009 . Background: Virginia Code S 44-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. City Code S 2-411 provides that the City Manager is the City's Director of Emergency Management. On November 13, 2009, the City Manager issued a declaration of local emergency in light of the imminent threat of major flooding and damage caused by the November 12 coastal flooding event. The declaration was issued at 9:15 a.m. on November 13th and concluded at 5:00 p.m. on November 14th. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effect of this coastal flooding event. . Considerations: Virginia Code S 44-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. . Public Information: This ordinance will be advertised in the same manner as other Council agenda items. . Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manager: ~t24!. p tJ~ i III I 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO THE THREATS POSED BY 3 THE NOVEMBER 12,2009 COASTAL FLOODING EVENT 4 5 WHEREAS, Virginia Code 9 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code 944-146.13 et seq.), City Council, by 11 adoption of 99 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; and 14 15 WHEREAS, in response to the imminent threat of flooding and damage posed by 16 the Coastal Flooding Event that began on November 12, 2009, the City Manager, as the 17 Director of Emergency Management, issued a Declaration of Local Emergency at 9: 15 18 a.m. on November 13, 2009. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code 9 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the City Manager on November 13, 2009, 25 a copy of which is attached hereto and incorporated by reference, and hereby ends the 26 declared emergency, effective November 14, 2009. Adopted by the Council of the City of Virginia Beach on the ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ t=- City Attorney's Offic CA11323 R-2 November 17, 2009 DECLARATION OF LOCAL EMERGENCY I, the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, fInd the imminent threat of disastrous weather and flood conditions posed by the current Coastal Flooding Event on November 12, 2009 to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to ~44.146.21 of the Code of Virginia, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with the Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State and local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency Spore, City M r tor of Emergency Management ~ Date q',IS'" ~_ Time " II' I' , ~~, ,{. ;'~l"" "~_'I'_ -,;,c, f1~' . ~...{~) l'~ ' _c \,,,,> ,0 " ts:} (.~ ....) ", ''C' - If} ~.. '''':N "'I'~,'4.,,~-<i''J' 01'" lit'. ,,'1\\l.':t" --';;;vV "" "'" CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: A Resolution Requesting the Secretary of the Navy to Consider Basing the New Naval Littoral Combat Ships (LCS) at the Joint Expeditionary Base Little Creek-Fort Story MEETING DATE: November 24,2009 . Background: The Littoral Combat Ship (LCS) is the newest class of naval vessels, and the first one has been delivered to the Navy. Base planning is likely in progress for that class. The City of Virginia Beach has been a tremendous supporter of the military, particularly the Navy, for many years, due in large part to its being home to the Joint Expeditionary Base Little Creek-Fort Story, Naval Station Oceana and Dam Neck Annex to Naval Station Oceana. As such, the City provides ready access to all elements of support for the LCS, including experienced prime and smaller contractors and ship yards for all repairs and maintenance. Additionally, the City boasts ample and affordable housing for the crews and their families; an abundance of cultural and recreational facilities and opportunities; excellent schools, colleges and universities; and convenient access to Portsmouth Naval Hospital, as well as excellent civilian hospitals and medical facilities. . Considerations: This resolution strongly urges the Secretary of the Navy to favorably consider basing its new LCS ships, including the command organization and floating assets, at the Joint Expeditionary Base Little Creek-Fort Story. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Councilmember DeSteph II III I' REQUESTED BY COUNCILMEMBER DESTEPH 1 A RESOLUTION REQUESTING THE SECRETARY OF THE 2 NAVY TO CONSIDER BASING THE NEW NAVAL 3 LITTORAL COMBAT SHIPS (LCS) AT THE JOINT 4 EXPEDITIONARY BASE LITTLE CREEK-FORT STORY 5 6 WHEREAS, the Littoral Combat Ship (LCS) is the newest class of naval vessels; 7 8 WHEREAS, the first LCS has been delivered to the Navy, and base planning 9 likely is in progress for that class; 10 11 WHEREAS, the City of Virginia Beach has been a tremendous supporter of the 12 military, particularly the Navy, for many years, due in large part to its being home to the 13 Joint Expeditionary Base Little Creek-Fort Story, Naval Station Oceana and Dam Neck 14 Annex to Naval Station Oceana; 15 16 WHEREAS, the City provides ready access to all elements of support for the 17 LCS, including experienced prime and smaller contractors and ship yards for all repairs 18 and maintenance; 19 20 WHEREAS, the City boasts ample and affordable housing for the crews and their 21 families; an abundance of cultural and recreational facilities and opportunities; excellent 22 schools, colleges and universities; and convenient access to Portsmouth Naval 23 Hospital, as well as excellent civilian hospitals and medical facilities; and 24 25 WHEREAS, both active duty and retired Navy personnel are a significant part of 26 our community and are held in high respect by our citizens, and new arrivals would be 27 readily welcomed into our military-friendly community. 28 29 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council strongly urges the Secretary of the Navy to favorably 33 consider basing its new LCS ships, including the command organization and floating 34 assets, at the Joint Expeditionary Base Little Creek-Fort Story. 35 36 BE IT FURTHER RESOLVED BY THE CITY COUNCIL: 37 38 That the assistance of the City's Congressional Delegation is also requested in 39 this important endeavor. 40 41 Adopted by the City Council of the City of Virginia Beach, Virginia, this 42 day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA 11322 R-3 November 17, 2009 iRtsnlutinn WHEREAS: Ebenezer Baptist Church of Virginia Beach, Virginia, was established with its first worship service held in a log cabin in Princess Anne County in 1859 and continues to serve the community as a "Church that Reaches Out ", knowing "with God, all things are possible ". In the beginning. Ebenezer Church had a white minister. The slaves would walk, come in their wagons or by mules from nearby plantations. Sometimes even the slave masters and mistresses would attend the services. The land was originally owned by Mr. and Mrs. William Jones and Mr. ll1Id Mrs. Guy. The purchase price was One Hundred Fifty Dollars and the deed was recorded September 3, 1883. There was no electricity nor heat in the building so members would walk to church each week to see the lamps were trimmed, filled with oil and the globes were clean; WHEREAS: As years passed, the congregation grew and continued to grow. A third much larger building with an immense balcorry was constructed on Ebenezer Road [now Baker Road] with the corner-stone laid on July 2, 1894. The first Black minister was Reverend Marshall Land. Marry enhancements have been added to the property, including a baptismal pool, an additionalfTVe acres and a large burial ground. Soon there was a needfor a school; however, there was no transportation nor were the roads paved. Ebenezer School closed in 1946 and students were sent to Union Kempsville Elementary School and then to Princess Anne Training School. which around 1953, was renamed to Union Kempsville High School; WHEREAS: Callie Walton, a Deaconess until her death, would travel each week-end to stay with her sister so she could be near the Church. With love and patience, she took the time to record and relate the history in a manner not to be lost nor forgotten. Cora Lee Goodman was blessed with a memory that enhanced the historical recordings of Deaconess Walton which has resulted in a tangible legacy to enlighten all members andfriends in this celebration of one hundred andfifty years. Much credit is due Patricia Williams for the photograph of the Horseshoe Arch and Deaconess Olivia D. Lindsay who spent endless hours overseeing the organization, typing. printing and making the final touches for everyone to enjoy; and, WHEREAS: In the 1940 's, Ebenezer Baptist Church also served the comMunity by allowing Little Creek Amphibious Base officials to hold Civil Defense meetings there. Time marched on and the congregation grew while the building deteriorated. So on January 12. 1972, the members voted to build a new church. Many obstacles resulted in loss of time; however, on November 30, 1975, members rejoiced to share the dedication of the new ffourth] church and on May 3, 1997, there was a ground breakingfor a new addition with the new cornerstone laid July I I, /998. NOW. THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes the long history of Ebenezer Baptist Church, the untiring efforts and tenacity of its members and the dedicated service of its ministers and members to this "community for a lifetime ". BE IT FURTHER RESOL VED THA T NOVEMBER 16, 2009, BE SET ASIDE TO CELEBRATE: "EBENEZER BAPTIST CHURCH DAY" Given IInder Ollr hands and seals this Seventeenth day of November, Two Thollsand Nine Glenn R. Davis, Counc" Member Robert M. Dyer, CouncIl Member Ron A. Villanueva. Council MemMr William R. DeSteph, COUIli:" Member Barbara M.Heniey. Council Member Rosemary Wilson. Counc,l Member John E Uhrin. CounCIl Member James L. Wood, CCJU1lcil Member Harry E. Diezel, Council Member Louis R. Jones, Vice Mayor William D Sesso.,,!. Mavor K. PLANNING 1. Application of FITNESS 5, INC./BELL PARTNERS, INC. for a Conditional Use Permit re an indoor recreational facility (fitness center) at 1079 Independence Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROV AL 2. Application of NAN WISNIEWSKI for a Conditional Use Permit re a residential kennel at 2548 Potters Road. DISTRICT 6 - BEACH RECOMMENDA TION APPROVAL 3. Application of LIVING WORD GOSPEL CHURCH/LYNN SHORES, L.L.c. for a Conditional Use Permit re a church at 332 and 334 Lynn Shores Road. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 4. Application of GREGORY P. MARSHALL/SALV ATORE TADDEO (new owner) and JAMES STUART SIM for a Conditional Use Permit re a community boat dock at 1905 Woodside Lane. DISTRICT 5 - L YNNHA VEN RECOMMENDA nON APPROVAL 5. CITY OF VIRGINIA BEACH Ordinances to AMEND: a. Section 501 of the City Zoning Ordinance (CZO) re permissible floor area for accessory structures RECOMMENDA nON APPROV AL b. Section 4.1 of the Subdivision Regulations re roadway radius of cul-de-sac streets RECOMMENDATION APPROVAL II III I' r:f~TICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 24, 2009, at 6:00 p.m. The following applications will be heard: SA YSIDE DISTRICT Fitness 5, Inc./Bell Partners, Inc. ,o\pplication: C.Q!'I.<1i!ior:1cL Use F:'f:!l'!!1it. re a commercial recreational facility at t079 Independence Boulevard. BEACH DISTRICT Nan Wisniewski Application: Conditio'lC!.! Use Pennit re a residential kennel at 2548 Potters Road. L YNNHAVEN DISTRICT Livmg Word Gospel Church/Lynn Shores, L.L.C. Application: ~ondition~ Use Pennit re a church at 332 and 334 Lynn Shores Road. Gregory P. Marshall/Salvatore Taddeo (new owner) and James Stuart Sim Application: ggnditional Use ~~mi! re a community pier at 1905 Woodside Lane. CITY OF VIRGINIA BEACH Ordinance to amend Section 501 of the City Zonil1g Ordinance pertainil1g to permissible floor area for accessory structures. Ordinance to amend Section 4.1 of the Subdi'iision Regulations pertaining to the roadway radius of cul-de-sac streets. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at ht.!P:/ /www.vbgov.comLQ!;:_ For infonnation call 38~621. If you are physically disabled or visually Impaired and need Clssistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Nov. 8 & 15, 2009 20766241 Map E-S Fitness 5, Inc. M"D Not to Sc~le ~fJj (11!L ~ . I..IP'f!l ;~ ~ ~ 1-:, '.: ~0i(,{~ 2" f;,' ..-.;-" 'l" rd- ~ l'r1~~ ~ ~ ~~ ~~~ JJ,'!<4t:"Jo ~~ ~ ~~ ~<l -. _ ~ ~lCl~t:r ItS ~ ..'- ~ ~ .n llf~-' ~ ~ ;;.. % '~A~ JI",-,~!t. i1u ,",_rP'l..h..J~r; ....., ~-. !!!! I D\II~ '1'1 ' ~~? ~ ~~ .f; , , ~. . il"'7//h '" n I. ~Jo ~ :;:;....- ~cr,......v--:..-~\) ~..1,f. I'/L CTJ ~ '\ 7,~ Lt' u ~~W ~,. ~~.. ~ ~ ~ I ~\. ~ ~ -t>\., ~ti'~IU'J~ ~~~~.~ ~~&rZIl / l\\~.1~/I''' }S ~~~ ~~' ~~ :=.,---jS ~ j"~"'~ ~ ~~~ . ~~ '// ~ t'AC\\~~ ~' ~9@ ~ \ ~ :^ A~>' I%.y ~'ifel~' of>. ~ Q ~ <<'~ "!'iA ~r. . ~~~ ~ ,'B' - C1;:;;'--- ~il \ t" ('/ '\ I .r- ~ ,,''<7 e~~ ~~~ /LJ>.. itt::l~ .\JJ ,1 I~ "cPB -~ r:i~fJ' ~ \ , F""'\ -=:t- ~ \ 1 ::0:..' I ' c J-- ~~~ ~ ~-.... ~ --- ~ ,tc., J a ~ ~~ ~_~ .~ ~.,..-....-"\ "" .-....,'''.,,'... 1~ l'P'" ... ~ ...'\.~ ~ <a.~ . \ ~ ~"..".. 6 ~ a ~ ~ '68':i'" .',n'.", ~ 1\ ~~...~ ~~ \\r.h I ~ ~~\~ ^'~ Q 1\\ ~ ~SQ; ~\()~ . ("up - lndo()r RecreatIon Facility II III II -..~-"jl . r.r:~-~'\~ "4'~" ....;+" '6' ./4-I...." .1;.. I.. - ,"-, (E: I' r'" (~i~ :~; ~,\.- N> .:'>~... ,'/.. ~.-:--"""'.'--:~J '~~~~..I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FITNESS 5, INC. I BELL PARTNERS, INC., Conditional Use Permit, recreational facility, 1079 Independence Boulevard. BAYSIDE DISTRICT. MEETING DATE: November 24,2009 . Background: The applicant requests a Conditional Use Permit for an indoor recreation facility (a fitness center) in the Haygood Shopping Center, within a space formerly occupied by an ABC Liquor store. . Considerations: The proposed business, Fitness 5, is a franchise of Anytime Fitness which is located in 46 states and Canada. Members can work out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. The strength training equipment does not include free weights, but rather plate-loaded systems that do not require a spotter or exercise partner. The club offers private and secure restrooms and changing areas. The facility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. The proposed use is compatible with the uses within the shopping center. Traffic generated by this use should be lower than a typical retail operation, which is particularly important, as this portion of Independence Boulevard is often overburdened with traffic, particularly during peak hours. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes FITNESS 5, INC. Page 2 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ;1;t--' City M.n.ge~ \l... .~ . ~ II III r .....-11- 9 November 12,2009 Public Hearing APPLICANT: FITNESS 5, INC. PROPERTY OWNER: BELL PARTNERS, INC. STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (Commercial Recreational Facility other than those of an outdoor nature - fitness center) ADDRESS I DESCRIPTION: 1079 Independence Boulevard, Haygood Shopping Center GPIN: 14784641140000 ELECTION DISTRICT: BAYSIDE SITE SIZE: AICUZ: 3,375 square foot unit Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for an indoor commercial recreation facility (a fitness center) in the Haygood Shopping Center, within a space formerly occupied by an ABC Liquor store. The proposed business, Fitness 5, is a franchise of Anytime Fitness which is located in 46 states and Canada. Members can work out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The computer software tracking system monitors check in. The strength training equipment does not include free weights, but rather plate- loaded systems that do not require a spotter or exercise partner. The club offers private and secure restrooms and changing areas. The faCility is equipped with 24 hour surveillance security cameras both inside and outside the facility, a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Haygood Shopping Center FITNESS 5, INC. Agenda Item 9 Page 1 SURROUNDING LAND North: . USE AND ZONING: . South: . . East: . . West: . . Haygood Road Across Haygood Road are retail and office uses I B-2 Community Business Honeygrove Road Across Honeygrove Road is Old Donation Center I B-2 Community Business Independence Boulevard Across Independence Boulevard are retail and office uses I B-2 Community Business and 0-2 Office Ferry Plantation Road Across Ferry Plantation Road are single-family dwellings I R- 7.5 Residential NATURAL RESOURCE AND CULTURAL FEATURES: The site almost entirely impervious, having been built before any landscaping and stormwater management requirements. There are no significant natural resources or cultural features on the site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTPl I CAPITAL IMPROVEMENT PROGRAM ICIPl Independence Boulevard in front of this request is a six-lane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 155 foot right-of-way. Currently, this segment of roadway is functioning overcapacity at a Level of Service (LOS) F. Haygood Road to the north is a four-lane undivided minor urban arterial. The Master Transportation Plan proposes a divided facility with a bikeway within a 100 foot right of way. Currently, this segment of roadway is functioning near capacity at a LOS D. Honeygrove Road is a two-lane undivided collector I local street. A Capital Improvement Program project is slated for this area. Independence Boulevard (CIP 2-045) is for construction of a six-lane divided highway within a 165 foot right-of-way from Northampton Boulevard to Haygood Road. This project will include full improvements along Independence Boulevard at the Haygood Road I Wishart Road and Northampton Boulevard intersections. At this time, the project is on the Requested But Not Funded Project Listing. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Independence 51,091 ADT Overcapacity - Level of Existing Land Use <:- 7,657 Boulevard Service "F" weekday - ADT Proposed Land Use - no significant change in ADT due to this use Average Daily Trips 2 as defined bv a shoppina center I 886 Peak Hour Vehicles - Saturday FITNESS 5, INC. Agenda Item 9 Page 2 II III II """,-_1- WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School populations are not affected by the request. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan map identifies this site as being within 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 Comprehensive Plan policies support land uses that accommodate the public's need for legitimate and compatible neighborhood support uses and activities. The subject request to lease space in an existing commercial building to provide an indoor recreational use (24-hour fitness club) does not appear to conflict with the surrounding commercial and residential uses. The request is consistent with the Plan's policies that encourage the reuse of vacant and underutilized commercial floor space to increase a building's marketability and value. Such reinvestments often times spur similar investments in the immediate area and, collectively, help reduce the number of vacant and underutilized commercial buildings/strip centers found along the City's major thoroughfares. Evaluation: Staff recommends approval of the request for a commercial recreation facility (a fitness center) in this location. The proposed use is consistent with the recommendations of the Comprehensive Plan and compatible with the uses within the shopping center. Traffic generated by this use should be lower than a typical retail operation, which is particularly important, as this portion of Independence Boulevard is often overburdened with traffic, particularly during peak hours. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FITNESS 5, INC. Agenda Item 9 Page 3 t:t " '1 AERIAL OF SITE LOCA liON FITNESS 5, INC. Agenda Item 9 Page 4 II III II Proposed Fitness 5 -'" V 10 \. ~"'v""" ~ ~ . ~ I' H 1.1 "'..,. 1 i '),;.Jd' i! i.~ '1, "",,,j' I ~'-t """,.,. t. ~ .j );.. - -----II-- PHYSICAL SURVEY FITNESS 5, INC. Agenda Item 9 Page 5 PHOTOGRAPH OF UNIT PROPOSED FOR FITNESS 5 FITNESS 5, INC. Agenda Item 9 Page 6 I Ma~~!t ~o-tale Fitness 5. Inc. ,.~~ A'\.'-....f( . ~~rc.,~, ~IWJ~r!L~ ~ L~ ~>~i. ~~~<J0~ 4 2\] r h f.... ~dR. V~ A~ " n \1' I ~ .. ('{ d ~ t1<:qf.:j/o ~ ~l: Ol ~~ 1 ~ \,~ - ~ & ,\ ~q '^'ifi\~~~ ~ ~~t ~-' :,"~ :p~~~ ~~J~~ :;~~~ ~~ '>,; ,~~ <Y~l~)1 ~=:~~ W~I'/::~~"~\'s~;~ '~~\, ~ '''''-~~ ~1 ~ \\~ . ~ ~ fA ~\\~lr. ~ ~@~~ ,\ ~~ Y'\ 1 I / ~~~ (Jv ~ ~i- ~ ~\",,, ~ ~ / :;~l;t.e ~ (; ",~~ 'ee~\';;::::::::-- ,~ ~t""::( ~I\~ ~~ 0 ri~ (J' l~ ~ '~~\i~ - ~~' \J l\ .~\~~ ~~~~ ~ ...... 'JiI~ -\ .01 p; ,qc I".. - 0:.. ~~'.r ~ ...oot\:.tc ',' ~ a ~ "., ~" os w:.,f) _" ".<""'-,.. ~ . ~v:.. ~ _~;: "". II \~~"t.i~'~~' ~\\*: I~[~ ~~ .. CUP - Indoor Rf'creation Facility 1. 8/3/66 Rezoning (RS 1, RS 3, & RS 4 Residence Approved Suburban to CG 3 General Commercial) 12/8/75 Conditional Use Permit (Self Service Gas Approved Station) Approved 11/28/06 Conditional Use Permit (Self Service Gas Station) Approved 2. 1/24/72 Conditional Use Permit (Roller Rink) Approved 9/26/95 Conditional Use Permit (Communication Approved Tower) 5/25/99 Conditional Use Permit (Commercial Approved Recreational Facility) 9/27/05 Modification (Roller Rink) Approved 7/11/06 Modification (Communication Tower) Approved 3. 11/26/99 Rezoning (B-2 Community Business to 0-2 Approved Office) 4. 12/18/89 Conditional Use Permit (Automotive Repair) Denied 5. 1/10/95 Rezoning (0-2 Office to Conditional A-12 Approved Apartment) 6. 10/28/03 Street Closure Approved FITNESS 5, INC. Agenda Item 9 Page 7 SCLOSURESTATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers. members, trustees. partners. etc. below: (Attach list if necessary) N/A . o Check here if the applicant is NOT a corporation, partnership, firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation. partnership. firm, business. or other unincorporated organization. complete the following: 1. Ust the property owner name followed by the names of all officers. members, trustees, partners. etc. below: (Attach list if necessary) 2. list all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm. business. or other unincorporated organization 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No -/ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit ApplICation Page 9 of 10 Revised 7/3/2007 z o I I ~ ~ I I I , ~ ~ f--4 ~ ~ ~ ~ ~ ;::::J ~ o I I f--4 I I Q Z o ~ FITNESS 5, INC. Agenda Item 9 Page 8 z <=> I I ~ C-' I ( ~ ~ ~ F-c ~ ~ ~I ~ CIJ t::J ~ o I t F-c I I ~ Z <=> C-' DISCLOSURE STATEMENT II 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) J~'1 6vt"'r1e l \ D, ~ ~/. :s ku4.\-h-, . , , , "Parent-subsidiary relationship" means 'a relationship that eXists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act, Va. Code S 22-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities. there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close workmg relationship between the entities" See State and local GOl/ernment Conflict of Interests Act, Va. Code S 22-3101 CERTlFICA liON: t certify that the Information contained herein is true and accurate. ) understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining ana posting the reqUired sl9n on the subject property at least 30 days prior to the scheduled public hearing according 10 the instructions in this package. The underSigned also consents 10 entry upon the subject property by employees of the Department of Planmng to photograph and view the site for purposes of processing ana evaluating this application. --_.~~:> .:r.o"..,~s L. $,S;So,"" I1I::- ~ Print Name .__.____u._.. ._.._.,,.___ ifferent than applicant) Condiliol1al Use Permit Applical'O!\ Page 10 of 10 Revised 7/3/2001 FITNESS 5, INC. Agenda Item 9 Page 9 Item #9 Fitness 5, Inc. Conditional Use Pamit 1079 Independence Boulevard District 4 Bayside November 12, 2009 CONSENT Joseph Strange: The next matter is agenda item 9. An application of Fitness 5, Inc. for a Conditional Use Permit for a commercial recreational facility on property located at 1079 Independence Boulevard, District 4, Bayside. Loren Sisson. Oood afternoon Madame and Commissioners. Janice Anderson: Welcome. Loren Sisson: My name is Loren Sisson. I'm a member and represmtative of Fitness 5. We want to thank you for putting us on the consent agenda. I am in support of the evaluation and recommendations of this Commission. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the ChaiIman has asked David Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant, Fitness 5, Inc. requests a Conditional Use Permit for an indoor recreation facility, and in this case (a fitness center) in the Haygood Shopping Center, within a space formerly occupied by an ABC liquor store. The proposed business, Fitness 5, is a franchise of Anytime Fitness, which is located in 46 states and Canada. Members can worlc out any time of the day or night through use of a security access card to enter the club, even when it is not staffed. The facility is equipped with 24 hour swveillance security cameras both inside and outside the facility. a tailgate detection system for entry doors, hard wired panic buttons, personal panic devices, motion detectors, wireless door contacts, and glass break detectors. Defibrillators will also be onsite. Staff is unaware of any opposition. The Commission views this as an eotirely routine matter, and recommends that it be approved by consent With that said, I should also add, by way of disclosure, my company leases and manages Haygood Shopping Center. I don't have any business with Haygood Shopping Center but just to stay out of jail I should make that clear. Thank you Madame Chair. Janice Anderson: Okay. Joseph Strange: Thank you Dave. Madame Chairman, I make a motion to approve item 9. Janice Anderson: A motion by Joe Strange. Second? AI Henley: Second. Item #9 Fitness St Inc. Page 2 Janice Anderson: A second by AI Henley. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: Bya vote of9-Ot the Board bas approved item 9 for consent. _ _ .___.__ ._.._~_ _ _.. _'___'_ _ _. _ _ _. _ _._ _ _ __ _ _ _ _ .. . _ _ _. _ _ _. _ ._. ...._ _ _.._._ .__ __ _.. _ _ .._.... _...__ _. ... ._. .__ . _0_' _ ._._._ ___.... .__.... -- CUP for Residential Kennel , I r.~~..l"~h r" .. tl f&J ~.. ,.' l~~ r. '!"""" ~:t ~~ /.. '\:~, -, .,,;.j' _ ,,,,"':J' .........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NAN WISNIEWSKI, Conditional Use Permit, residential kennel, 2548 Potters Road. BEACH DISTRICT. MEETING DATE: November 24,2009 . Background: The applicant requests a Conditional Use Permit for a residential kennel for up to 20 adult dogs. The City Zoning Ordinance allows four adult dogs without a residential kennel permit. For more than 45 years, the applicant has owned and shown Siberian Huskies. The applicant also rescues dogs and provides a temporary home for them until a home can be found, as well as providing a temporary home for family member's dogs while they vacation. . Considerations: Typically, ten or fewer dogs are on the property; however, the applicant requests permission to care for up to 20 dogs, as the number of dogs under her care fluctuates. The applicant has no employees, and the care of the dogs is a hobby, not a business. The site consists of three acres and is bounded by 1-264 to the north, a church to the east, and an office building to the west. The dogs are kept within air- conditioned and heated areas within the residential kennel. The kennel is located near the rear of site and is set back approximately 450 feet from the closest residential property line. There are eight outdoor fenced-in areas for the dogs to exercise surrounding the residential kennel. The site is located within a greater than 75 db Ldn Air Installation Compatible Use Zone (AICUZ) and an Accident Potential Zone 1 (APZ-1). The residential kennel use is compatible with these zones. The proposed use is also compatible with the adjacent office and religious use, primarily due to the large size of the parcel and the existing stand of trees on the site. Additionally, even though this use has been occurring on the site for over 45 years, there have been no complaints registered with Animal Control or the Zoning Division. There was no opposition to this request. NAN WISNIEWSKI Page 2 of 2 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following conditions: 1. No more than twenty (20) adult dogs (over six months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 3. Dog litter shall be collected and disposed of daily. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ A.~ CityManage~ ~.~ V- I I I' REQUEST: Conditional Use Permit (residential kennel) ADDRESS I DESCRIPTION: 2548 Potters Road 3 October 14,2009 Public Hearing APPLICANT/PROPERTY OWNER: NAN WISNIEWSKI STAFF PLANNER: Leslie Bonilla GPIN: 14977331850000 ELECTION DISTRICT: BEACH SITE SIZE: 3.02 acres AICUZ: Greater than 75 dB DNL APZ-1 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a residential kennel for up to 20 adult dogs. The City Zoning Ordinance allows four adult dogs without a residential kennel permit. For more than 45 years, the applicant has owned and shown Siberian Huskies. The applicant also rescues dogs and provides a temporary home for them until a home can be found, as well as providing a temporary home for family member's dogs while they vacation. The applicant has a dog kennel license through the Commissioner of Revenue that allows her to take care of up to twenty (20) dogs. Unaware of the requirement for a Conditional Use Permit, the applicant has not obtained the required Use Permit. Although, approximately 10 dogs are usually on the property, the applicant requests permission to care for up to twenty (20) dogs, as the number of dogs under the her care fluctuates. The applicant has no employees, and the care of the dogs is a hobby, not a vocation. The submitted site plan for this residential kennel depicts a three (3) acre parcel bounded by 1-264 to the north, a church to the east, and an office building to the west. The dogs are kept within air-conditioned and heated areas within the residential kennel. The kennel is located near the rear of site and is set back approximately 450-feet from the closest residential property line. There are eight (8) outdoor fenced-in areas for the dogs to exercise surrounding the residential kennel. NAN WISNIEWSKI Agenda Item 3 Page 1 LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Single-family dwelling South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: . Interstate-264 (1-264) . Across 1-264 are office and warehousing uses / 1-1 Light Industrial District . Potters Road . Across Potters Road are attached dwellings / R5D Residential Duplex District . Religious use / R-10 Residential District . Office building / 0-2 Office District The majority of the site is wooded and the northern portion of site is located within the Chesapeake Bay Protection Area. No improvements are proposed within the Chesapeake Bay Protection Area. IMPACT ON CITY SERVICES There are no impacts to City services. Animal Control reports that there have been no complaints regarding this property pertaining to the dogs. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan map and land use policies place this site within Strategic Growth Area 6. The Comprehensive Planning Division finds this request compatible with adjacent land uses and in keeping with the policies of the Comprehensive Plan. Evaluation: The site is located within a greater than 75 db Ldn Air Installation Compatibility Use Zone (AICUZ) and an Accident Potential Zone 1 (APZ-1). which limits allowable uses on this site. The proposed use is in conformance with the Comprehensive Plan and is compatible with the adjacent office uses, religious use, and AICUZ regulations. Staff further finds that there is adequate space on the three (3) acre lot to house the proposed dog kennel. The existing trees provide a sufficient buffer between the kennel and surrounding land uses. Although this use has been in existence for over 45 years, Staff found no complaints registered with Animal Control or the Zoning Division. NAN WISNIEWSKI Agenda Item 3 Page 2 i I I' The applicant's request requires a waiver to Section 223 of the Zoning Ordinance, which regulates this type of activity and indicates that the area of the parcel used as a residential kennel must be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. The proposed residential kennel activity is not located within a soundproof building and directly abuts the parcels situated to the west and east of site. The proposed kennel activity is also approximately 85 feet from the parcel to the south and approximately 260 feet from the parcel to the north. The existing trees, as shown on the aerial on page 5 of this report, provide a buffer between the proposed use and the surrounding properties. Staff, therefore recommends approval of the requested waiver and Conditional Use Permit subject to the conditions below. CONDITIONS 1. No more than twenty (20) adult dogs (over six months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status on any required shots and shall properly license the dogs through the City of Virginia Beach. 3. Doa litter shall be collected and disposed of dailv. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NAN WISNIEWSKI Agenda Item 3 Page 3 ~ER,~L Of S,,.E LOC~"'ON NAN W\SN\E.WS\<.\ Agenda \tem 3 page A ENGINEERING SERVICES, INC. - BY, ~- _.,---- ---- ~ $' U. S. #' --- INTERSTATE ROUTE 264 N64'39'50"E 255.93' ,-, "T'=-- - --€ r:v~ Ii . . . ~ I f \ \ ~ ~ ~ . #' v, I ,,0 ~ \ ! "- I . . . ~/~ z ~ ~ ;" 85.3' 33.2' CI) W I- ~ U o CI) CI) <( u D: ~ I U >- CI) D.. Z Q z ~ o c 1M la~~ ry ~ , ~- . ~:'WlRE l' "-i::'Y~ _ -;;:'~~'"' FENCE <.ANDSC~PE _~111)"' 8~~;\{ I Me,'l'; (2) <. 0~~ RAYJ~..t'~ 75.8' j:,\ - ~\l~"\ 1-5lIlI'r- -~, i:::t IIJ t'f, .... ::l~ _ ,,,,,,-:-~ . 76.0' , ~ ~)''>F ~ ~ ' ~.~~T~II' ~ 16' WIlE ~~ FtNCE t-1 " ~z"'116~j'~'~ .~ n OOG r--- r~ . "K . ,--111 13.0' T:~ ~ //-.\) j /" I I \:1, I ~ \ I: \ i rl~' ;" i ~ + _.--Li. Z PIN (F) \ S ! :::! ~ .... 10 8+.0' ~ ~ ~ ;,., ~ a:J ci LONDON a ~ lfl 1'" BRIDGE Ol BAPTIST :" e' ;;; CHURCH 10 W '" 1Il Clvil Engin_r1ng - L.and Surveying 3351 Ston..noN Roecl. Virginl. Beach. VA. 23<452 (757) 468~800 FAX (757) 468-4966 E-m"; emaIlO_.tofve.oom PROPOSED SITE PLAN NAN WISNIEWSKI Agenda Item 3 Page 5 CUP for Re~idential Kennel # DATE DESCRIPTION ACTION 1 6-8-99 Conditional Use Permit (church addition) Granted 11-27-01 Modification of Conditions Granted 2 10-27 -98 Zoning Change (B-2, R-10, & 1-1 to Conditional 1-1) Granted 3 8-25-92 Subdivision Variance Denied 4 3-25-03 Zoning Change (0-2 to Conditional 1-1 ) Granted 3-25-03 Conditional Use Permit automobile service station) G ra nted 5 11-27 -07 Conditional Use Permit binQo hall) Granted 6 5-8-07 Conditional Use Permit community boat dock) Granted ZONING HISTORY NAN WISNIEWSKI Agenda Item 3 Page 6 ! I ~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ./' u('Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm. business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners. etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitt relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No L If yes. what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revise<! 7t3/2007 z o I I ~ U I I ~ ~ ~ f--4 ~ ~ ~ ~ c:I:J ;:::J ~ o I I f--4 I I Q Z o u DISCLOSURE STATEMENT NAN WISNIEWSKI Agenda Item 3 Page 7 z <=> I I ~ U I I ~ ~ ~ f-c ~ ~ ~ ~ ~ ;::::J ~ <=> I I f-c I I c:::a Z <=> u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) N 12 rlr; 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Gode 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Gode 9 2.2-3101. CERTIFICA TION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~f\/ I/~l. 5(VI '(,!.t/i"-; I nnt Name Print Name Conditional Use Penn it Application Page 10 0110 Revised 7/3/2007 DISCLOSURE STATEMENT NAN WISNIEWSKI Agenda Item 3 Page 8 Item #3 Nan Wisniewski Conditional Use Permit 2548 Potters Road District 6 Beach October 14, 2009 CONSENT Janice Anderson: The next group of matters we're going to address are those matters that we have placed on the consent agenda. We are going to have Joe Strange, our Vice Chair handle that section for us. Joseph Strange: Thank you Jan. This afternoon we have 13 items on the consent agenda. The first mater is agenda item 3, an application of Nan Wisniewski for a Conditional Use Permit for residential kennel on property located on 2548 Potters Road, District 6, at the Beach with three (3) conditions. Janice Anderson: Welcome. Nan Wisniewski: My name is Nan Wisniewski, 2548 Potters Road. I really want to keep my dogs. Do you have any questions or whatever? Joseph Strange: Are the conditions acceptable? Nan Wisniewski: Yes. I've already cleaned up this morning. Joseph Strange: Thank you very much. Janice Anderson: Thank you ma'am. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If not, the Chair has asked Al Henley to review this item. Al Henley: Thank you Mr. Strange. The location is 2548 Potters Road. The applicant requests a Conditional Use Permit for a residential kennel with up to 20 adult dogs. The City Zoning Ordinance allows for four (4) adult dogs without a residential kennel permit. For more than 45 years, the applicant has owned and shown Siberian Huskies. The applicant also rescues dogs and provides a temporary home for them until a home can be found, as well as providing a temporary home for family member's dogs while they vacation. The applicant has a dog kennel license through the Commissioner of Revenue that allows her to take care up to twenty (20) dogs. Although, approximately 10 dogs are usually on the property, the applicant requests permission to care for up to twenty (20) dogs, as the number of dogs under her care fluctuates. The applicant has no employees, and the care of the dogs is a hobby, not a vocation. The submitted site plan for this residential kennel depicts a three (3) acre parcel bounded by 1-24 to the north, a Item #3 Nan Wisniewski Page 2 church to the east, and an office building to the west. The dogs are kept within air-conditioned and heated areas within the residential kennel. Staff recommends approval with three attached conditions. Therefore the Planning Commission has placed this item on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madame Chair, I make a motion to approve agenda item 3. Janice Anderson: We have a motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved agenda item 3 for consent. l MaP F-7 Livin" w:ord Gosi'el Church _00 No' '0 sco\. , "'/8~ f',{;!.,:-ft"\ Ii' iU l::l'II , l'l~ \ Jr..' ~ . if"".....' ".. "l..I;;! ~ '!rII Ci'11 l!!. R-1!l ~,' ~j~ ~ ..~ " 01,\11\ lJl : ~~. gj ~_ '/K"C:' .~. ';;!~1' ~ 1\\\ 'ii 8-2 er-~ j.~ ~ ~ /\, ~~~. cr Lm ~~ =-: ./!.... ~ ..rX' ,.- ~..;:, J.m'tAvt A}~I: ~~--'~ --:.~ ~ ~~ f !(V.DB :. '" :: ,I' \ 8" · "~ B;'-;'~ · ~ ~-- ~ ~~~ .~' -- ~~ ',.:.~~F~? ~,.' L 8:~__ ~ A~ .-J . ~ -, ,.....'- --~ 1~'~'\ \~ L'~ ~I I-e=--- ~ .:.~~; ~ll \:> ~\~ , . ,.... ._ _ -'" iIll ~r::;r~ 1 '. ~ ce-2 ,I _~,~"" "<rl~~ cuP - Church I I I ~..." ~~~~~ ,{!~~:..-;;.~ f >' 'i) (53 1 >, ~:.~ 11 (~ ~~& \........ O\.~",<>.:y -..........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIVING WORD GOSPEL CHURCH I LYNN SHORES, L.L.C., Conditional Use Permit, church, 332 and 334 Lynn Shores Road. LYNNHAVEN DISTRICT. MEETING DATE: November 24,2009 . Background: The applicant requests a Conditional Use Permit for a church to occupy two units inside this existing building. Typical hours are proposed as Sundays from 9:30 a.m. to 2:30 p.m. and Wednesday evenings from 6:00 p.m. to 9:30 p.m. Other days and hours of operation are dependent on congregant need. The small congregation of approximately 40 members has no employees. . Considerations: The church has been operating at this location for some time without incident and was only recently told about the need for a Conditional Use Permit after discovery by the Fire Marshall's Office. Comprehensive Plan policies support land use proposals that accommodate the public need for legitimate and compatible neighborhood support uses and activities. The City Zoning Ordinance requires eight parking spaces for a church with 40 seats. Staff concludes parking in this strip center is adequate to meet the needs of the 40 member church, which operates during off-peak hours, opposite of typical business operations. The small congregation has no employees. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following condition: The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes LIVING WORD GOSPEL CHURCH Page 2 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department /' (\,./ City Manager~ ~ :"qs>1\l""l... \ !! I I' REQUEST: Conditional Use Permit (church) ADDRESS I DESCRIPTION: 332 & 334 Lynnshore Drive GPIN: 14872456520000 ELECTION DISTRICT: L YNNHAVEN SITE SIZE: 40,949 square feet AICUZ: Less than 65 dB DNL 11 October 14, 2009 Public Hearing APPLICANT: LIVING WORD GOSPEL CHURCH PROPERTY OWNER: LYNN SHORES, LLC STAFF PLANNER: Carolyn AK Smith SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a church to occupy two units inside this existing building. Typical hours are proposed as Sundays from 9:30 a.m. to 2:30 p.m. and Wednesday evenings from 6:00 p.m. to 9:30 p.m. Other days and hours of operation are dependent on congregant need. The small congregation of approximately 40 members has no employees. The City Zoning Ordinance requires only eight parking spaces for this church. There is sufficient parking on the site, as the church will use these spaces during off-peak hours. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Strip shopping center SURROUNDING LAND USE AND ZONING: North: South: East: West: · Office / 0-2 Office District · Retail and office / B-2 Community Business District · Nursing home / 0-2 Office District · Lynnshore Drive · Apartment / R-7.5 Residential District LIVING WORD GOSPEL CHURCH Agenda Ite", 11 Paae 1 NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There are no significant environmental or cultural features on the property, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTPl I CAPITAL IMPROVEMENT PROGRAM ICIP): Lynnshore Drive is a two-lane local street that is not shown on the MTP map. A continuous right-turn lane from the Virginia Beach Boulevard intersection serves the site and adjacent parcel, ending at the northernmost of the site's three entrances. Also, there is a median that extends from the northernmost entrance to Virginia Beach Boulevard. Accordingly, the site's two southern driveways access northbound Lynnshore Drive only. Virginia Beach Boulevard is a divided eight-lane urban major arterial, with this segment shown on the MTP map as a divided roadway with a 150-foot wide right-of-way. The intersection of Virginia Beach Boulevard and Lynnshore Drive lies within the boundaries of CIP Project #2.238. the Pembroke Area Comprehensive Transportation Plan. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Virginia Beach 47,600 ADT I 56,240 ADT I (Level of Existing Land Use 2 - Boulevard Service "C") Weekday: 151 ADT 69 ADT Proposed Land Use 3 - Weekday: 31 ADT 125 ADT 1 Average Daily Trips 2 as defined by typical retail uses 3 as defined by addition of 3,400 SQuare foot church WATER & SEWER: This site is already connected to City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The site is located within Strategic Growth Area #5, North Rosemont Road. The current land use pattern for Strategic Growth Area #5 is suburban strip commercial with some multifamily along Virginia Beach Boulevard. The Plan's policies recommend that this area transition from a suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial use. Evaluation: The church has been operating at this location for some time without incident and was only recently told about the need for a Conditional Use Permit after discovery by the Fire Marshall's Office. Comprehensive Plan policies support land use proposals that accommodate the public need for legitimate and compatible LIVING WORD GOSPEL CHURCH Agenda Iten') 11 Page 2 neighborhood support uses and activities. The parking in this strip center is adequate to meet the needs of the 40 member church and will operate during off-peak hours, opposite of typical business operations. The small congregation has no employees. The City Zoning Ordinance requires only eight (8) spaces for this church. There appears to be sufficient parking in the lot as the church will likely only use these spaces during off peak hours. Based on this, Staff recommends approval of the request subject to the condition below. CONDITIONS The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LIVING WORD GOSPEL CHURCH Agenda 1ten111 Page 3 AERIAL OF SITE LOCATION LIVING WORD GOSPEL CHURCH Agenda Item 11 Page 4 i I ~ ~ I ,.... "'1 ,G L! fl <t ~ S ~ ,." N N N') en '<t LO N Lt') N') .~;, (J') Q) co !... ('II 0 .., r:. (Jl ~ C ,., C > -I "v" :nQTItX3 SITE PLAN LIVING WORD GOSPEL CHURCH Agenda Item 11 PaQe 5 1 06-05-09 CUP (indoor recreation facilitv) Granted 2 08-12-08 MOD of Conditions Granted 01-11-05 CUP (church) Granted 01-13-98 CUP (truck rental) Granted 12-14-87 Chance of Zoning (1-1 to B-2) Granted 3 05-23-99 Street Closure Granted 4 08-12-97 CUP (church) Granted 5 02-10-04 CUP (pet crematory) Granted Chan:le of Zoning (A-12 to R-7.5) 6 02-27-01 CUP motor vehicle sales) Granted 7 04-09-96 CUP mini-warehouse) Granted ZONING HISTORY LIVING WORD GOSPEL CHURCH Agenda Item 11 Page 6 II I I ~ DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) (- Pas-hc ~ 2. List II businesses that have parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. , & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No / If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit ApplicatiOn Page 9 of '0 R8IIised 7/3/2007 z o I I ~ U ~ ~ ea F-t ~ ~ ~ ~ ~ ;::::J ~ o I I h ~ o u ~- LIVING WORD GOSPEL CHUFtCH Agenda Itert 11 p~~~ 7 ....'t. "'> " z o I I !< u I I ......:I ~ ~ E--t ~ ~ ~ ;::J ~ o I . E--t I I ~ Z o u 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 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 voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code fi 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code fi 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the Subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~""'r t1.~f It' J C ({. kn-l(U'1 Print ame t) ~ ..s . -;t~,,=:~ Print Name ...;,~ -f't\.c::~,O'1:: Conditional Use Pennlt AppllcatlOtl Page 10 of 10 Revised 7/312007 n ", . '.; LIVING WORD GOSPEL CHURCH Agenda It~ 11 , P+.8 ,I ~: ~ Item #11 Living Word Gospel Church Conditional Use Permit 332 and 334 Lynn Shores Road District 5 Lynnhaven October 14, 2009 CONSENT Joseph Strange: The next matter is agenda item 11, an application of Living Word Gospel Church for a Conditional Use Permit for a church on property located at 332 & 334 Lynn Shore Road, District 5, Lynnhaven, with one condition. Is there a representative on this application? Is there any opposition to this matter being placed on the consent agenda? Ifnot, the Chair has asked Phil Russo to review this item. Phil Russo: The application is requesting a Conditional Use Permit for a church to occupy two units inside an existing building at 332 and 334 Lynn Shore Road in the city. The typical hours proposed for the services are from Sundays 9:30 a.m. to 2:30 p.m. and Wednesday from 6:00 p.m. to 9:30 p.m. The congregation is small and has no employees. Therefore parking is not going to be an issue since there are a sufficient number of parking spaces as required by the ordinance. The church has been operating at this location for sometime without incident, and was 'only advised about the need after the Fire Marshal had inspected the premises. The site is located within Strategic Growth Area 5, North Rosemont Road, and the current land use pattern for that area conforms with the use ofthis facility, therefore the staff has recommended approval of the application, and the Commission has placed this on the consent agenda. Joseph Strange: Thank you Phil. Madame Chair, I make a motion to approve agenda item 11. Janice Anderson: We have a motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS LIV AS AYE REDMOND AYE RIPLEY AYE ABSENT 2 ABSENT ABSENT Item #11 Living Word Gospel Church Page 2 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of9-0, the Board has approved agenda item 11 for consent. Community Boat Dock I I I I 4~.." ~~,..- :;s.'I'~, ,.~. "\:t-' (1'(. ,-~, (t:: t \'" (~ -.... . !) '-.~~ J;j ''\. ;.J ~, _~~I ........... u.. ..~,.~~.J ~- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREGORY P. MARSHALL I SALVATORE TADDEO (new owner) and JAMES STUART SIM, Conditional Use Permit, community pier, 1905 Woodside Lane. L YNNHAVEN DISTRICT. MEETING DATE: November 24,2009 . Background: The applicants request a Conditional Use Permit for a shared pier by the owners of Lots 4A and 5A in the neighborhood known as Estates on the Lynnhaven. Since the pier is shared between two residential property owners, the Zoning Ordinance classifies the pier as a "community boat dock," which necessitates a Use Permit. . Considerations: The existing pier on Lot 4A will be removed and replaced with an 88 foot long pier, five feet wide, with an 80-foot wide float with boat lifts at either end. While Lot 5A is considered a waterfront lot, the distance to mean low water from the upland property is almost 200 feet. The site plan depicts a five-foot wide access easement that will allow the owners of Lot 5A access to the pier, through Lot 4A. In lieu of two piers, one on each property, both visually and for navigation purposes, a shared pier is preferred. The proposed pier will be used exclusively by the applicants, and no commercial use of the pier will be permitted. The pier will not have a sewer pump out facility nor will petroleum products be dispensed or stored on site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process. No construction will be permitted until the JPA is approved. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier and boatlifts. GREGORY P. MARSHALL, SALVATORE TADDEO (NEW OWNER) - JAMES STUART SIM Page 2 of 3 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "CONDITIONAL USE SITE PLAN COMMUNITY PIER FOR GREGORY P. AND MARY E. MARSHALL AND JAMES STUART SIM," prepared by Waterfront Consulting Inc., dated July 28,2009, or as modified as required by the JPA Permit. 3. No commercial use of the dock shall be permitted. 4. A plat shall be recorded, prior to issuance of site plan approval, depicting a legal means of ingress/egress for Lot SA to gain access to the pier, as shown on the plan identified in condition 2 above. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ V City Manager~ lL. ~ V. i I I II 9 October 14, 2009 Public Hearing APPLICANTS & PROPERTY OWNERS: GREGORY P. MARSHALL & JAMES STUART SIM STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (community boat dock shared between two property owners) ADDRESS I DESCRIPTION: 1905 Woodside Lane (Lot 4A); 2900 Estates Drive (Lot 5A) AICUZ: Less than 65 dB DNL GPIN: 1499159742 (Lot4A) 1499159548(Lot5A) SITE SIZE: Lot 4A: 60,579 square feet Lot 5A: 48,068 square feet ELECTION DISTRICT: L YNNHAVEN SUMMARY OF REQUEST The applicants request a Conditional Use Permit to allow for a shared pier by the owners of Lots 4A and 5A in the neighborhood known as Estates on the Lynnhaven. The applicants propose to construct a five-foot wide by 88-foot long (5' x 88') pier from the top of bank to mean low water with an 80-foot long float with two boat lifts. The site plan depicts a five-foot wide access easement through Lot 4A that will allow the owners of Lot 5A access to the pier. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two sites: undeveloped single-family site and a lot with an existing single-family dwelling MARSHALL & 81M Agenda Item 9 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings I R-40 Residential District . Single-family dwellings I R-40 Residential District . Woodside Lane . Single-family dwellings I R-40 Residential District . Lynnhaven Bay . Single-family dwellings / R-40 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The properties are within the Chesapeake Bay watershed and are specifically located in the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. Both sites have wooded, naturalized buffers along the shoreline. IMPACT ON CITY SERVICES: This request for a shared pier with boatlifts will have no significant impact to City services. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The existing pier on Lot 4A will be removed and replaced with an 88 foot long pier, five feet wide, with an 80- foot wide float with boat lifts at either end. While Lot SA is considered a waterfront lot, the distance to mean low water from the upland property is almost 200 feet. The site plan depicts a five-foot wide access easement that will allow the owners of Lot SA access to the pier, through Lot 4A. In lieu of two piers, one on each property, both visually and for navigation purposes, a shared pier is preferred. The proposed pier will be used exclusively by the applicants, and no commercial use of the pier will be permitted. The pier will not have a sewer pump out facility nor will petroleum products be dispensed or stored on site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process. No construction will be permitted until the JPA is approved. CONDITIONS 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier and boatlifts. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "CONDITIONAL USE SITE PLAN COMMUNITY PIER FOR GREGORY P. AND MARY E. MARSHALL AND JAMES STUART SIM," prepared by Waterfront Consulting Inc., dated July 28,2009, or as modified as required by the JPA Permit. 3. No commercial use of the dock shall be permitted. 4. A plat shall be recorded, prior to issuance of site plan approval, depicting a legal means of ingress/egress for Lot SA to gain access to the pier, as shown on the plan identified in condition 2 above. MARSHALL & SIM Agenda Item 9 Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MARSHALL & SIM Agenda It ern 9 Page 3 - AER\AL Of S\1E LOCA1\ON --- - ~.M~.RS\-,\p...LL &. S\M p...genda \tefT' 9 Page 4 ~ &l ;D i i~ i'ii ~~ ~ ~ ~:t1 t ~~~ .a<>''l'i~' ''''' ~. oJ> \,IS' I I ;J: LOT SA "jF GREGORY TAJ(ACS '''9!iJ-l~ 1674- WSr. ?0061USOOr7218Hl i ....' ""f1~' tl "'200' e:'7f'l "'''"''I 5" I'IlR ACCESS E_r lHSl: 200&"_'0 . }f: '" r> LOT 5A ~ Njr JAMES SWART 51" lQ9--1~-9.548 lNsr ~2020016t75 '" '" '" -' ..., & lOT 2A '" ... .... '" '" :,. "! '" 0> '" .l '" ~ lOT 3A N/f' J.O MrLUAMS CONS r co., we. 14-g9'^~,,,on!9 INSr. ~004(Jg100'25600 '" LOT 4A NjT-' GIll""'" "".""'AlI. 1"99-1~'-97-12 INsr, 20061USOO17.2-r700 ~ ~, 139.50' 'Pf' 125.04' "" '25.00' (J I /J{J, to(]' 1 5 21;'46'00' W WOODSIDE I...ANE (JO' R/W) CONDITIONAL USE SIlt PLAN COMMUNITY PIER fOR GREGORY P. AND MARY E. MARSHALL AND JAMES STUART SIM LOTS 4A AND 5A. RESUBDIVlSlON OF' LOTS 1-28 AS SHOWN ON 1HE PLAT ENTllU:D >>ESTATES ON 1HE lYNNHAVEN>> RECORDED IN INST: 1200403030036384 lYNNHAVEN DISTRIC JULY 28. 2009 @ 2009 WA1!:RFllOHT CONsu.l1I<G. IliC. AU R!QjlS RES!ll>ED. SITE PLAN f..Sf IISWAlERfRONT CONSUlTING 11l2DRt~ ~ 206 _ 6U.CH, VA 2J451 ... (1S') ......... FI',. (151) ........ __ SIJllICa PlKllIOEI> 1m srA lIfSlIlN SfIl\lICE5,INC. PROPOSED PIER PLAN MARSHALL & 81M Agenda Item 9 Page 5 No Zoning History to Report Community Boat Dock ZONING HISTORY MARSHALL & 81M Agenda Item 9 Page 6 II \ l' I DISCLOSURE ~ A TEMENT !- 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 all officers, members, trustees, partners, etc. below: (Attach list if necessary) Gregory P. Marshall and James Stuart Sim 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach fist if necessary) ,.,/It g Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business ent;ti relationship with the applicant: (Attach list if necessary) rg Check here if the property owner Is NOT a corporation, partnership, finn, business. or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No V" If yes, what is the name of the official or employee and the nature of their interest? Conditional UIIe Permn Application Pege 9 of 10 RtwIsed 71312007 ~ I I E I I ....:1 ea H ~ r:e ~ t:::> ~ <:> I I H ~ u MARSHALL & 81M Agenda Item 9 Page 7 ~ I I E ~ ~ f-4 ~ 8: ~ ;::J ~ o I I H o u ~ DISCLOSURE'STATEMENT I ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) W~XER~RONT CONi'lI TlNQ. l~(, , .Parent-subsidlary relationship. means .8 relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code! 2.2-3101. 2 -Affiliated business entity relationship. means "a relationship, other than parent- SUbsidiary relationship, that exists when (I) one business entity has a controlUng ownership Interest In the other business entity, (II) a controlling owner In one entity Is also a controlling owner In the other entity, or (ill) there is shared management or control between the business entities. Factors that should be considered In determining the existence of 81) affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or. assets; the business entitles share the use of 1I1e same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there Is othelWise a close wort<lng relationship between the entitles.. See Sta1s and Local'Government Conflict of Interests Act, Va. Code !i 2.2-3101. CERTlFICA nON: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notlficetion (postcard) that the appDcatlon has been scheduled for public hearing, I am responslbla for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions In this package. The undersigned also consents to entry upon the subject property by employees of the Department of PlannIng to phOtograph and view the site for purposes of precessing and evaluating this application. JAMES STUART SIM Print Name GREGORY P. MARSHALL Print Name CondllJonalUM PelmIt Application P8ge 10 of 10 R8IriIed 7I3l2OO7 MARSHAll & 81M Agenda Item 9 Page 8 Item #9 Gregory P. Marshall/James Stuart Sim Conditional Use Pennit 1905 Woodhouse Lane District 5 Lynnhaven October 14, 2009 REGULAR Janice Anderson: Okay. We only have two other matters left on our agenda today, and I'm going to ask the Secretary to call the first matter please. Donald Horsley: The first item to be heard today is the item 9, an application of Gregory P. Marshall/James Stuart Sim for a Conditional Use Permit for a community pier on property located at 1905 Woodside Lane, District 5, Lynnhaven. Janice Anderson: Welcome. Robert Simon: Good morning Madame Chair and members of the Commission, Robert Simon from Waterfront Consulting, for the record, here to represent the applicants on this project here. What we're asking for is a shared pier at Lots 4A and 5A in the Estates on the Lynnhaven subdivision. The applicants thought it would be better to build one pier and share it as opposed to two separate piers out there. I think the applicants are very admirable or commendable in this, and that if they build two piers we would have to build a very long one on Lot 5A. The lots are both riparian lots. They do have a statutory, and a common law right to obtain navigable boating depths, and I'll be happy to answer any questions. We have read the conditions. We are in agreement with the four conditions that staff has recommended on this. I understand there is opposition here today, so unless somebody has a question of me, I defer to the opposition. Janice Anderson: We might go ahead and handle it that way. Are there any questions for Mr. Simon at this point? We'll bring you back up Mr: Simon after we here the opposition. Robert Simon: Thank you. Janice Anderson: Thank you sir. Donald Horsley: Our first speaker is David MacMillan. David MacMillan: Good afternoon. I'm David MacMillian. I'm Katie MacMillan's son. She is the adjacent property owner. We just wanted to voice our opposition to this pier. The main problem we have with it is that another pier was built a little bit further down the cove. And, they are in the process of dismantling it right now because it is on her property. And, the survey that we received for the site plan, the GPIN map we received from the Planning Department clearly shows that this pier is on her property. She has water rights about 380 feet off the end, down the south side of her property line, and we had a Wetlands hearing last year where we stated the obvious that this other pier that was built, that was proposed to be built was on our property. It is now, again, it is now in the process of being dismantled with the boatlift as it was illegally constructed without my mother's permission. Item #9 Gregory P. Marshall/James Stuart Sim Page 2 Janice Anderson: Mr. MacMillan? Could you bring up the subdivision? Can you point out where your mother's property is? David MacMillan: Sure. That is her house. That is a garden house. The property line follows these straight lines here. It comes out to a point, comes back around. The street is actually Twin Cove Road, and there is one of the coves. This is the south side cove. So, basically that is essentially showing the boundaries of her line. There is a pier that was constructed about a year ago right here (pointing to PowerPoint). The contractor has just been told by the Virginia Marine Resources Commission to remove it because he didn't get permission to put it there. So, he's none too happy about it but the pier and boatlift is being dismantled right now. Essentially our objection is that again, they are trying to build a private pier on someone else's property. Janice Anderson: Okay. Are there any questions for Mr. MacMillan at this point? Go ahead Ron. Ronald Ripley: Can we put the survey up that shows? Can you point to your property line you're referring too now please? David MacMillan: Sure. This is her pier right here. Actually, well it is not showing Mr. Ripley showing her entire site but that is her pier. This is the south cove. The north cove is not shown on this survey but it would be approximately right here (pointing to PowerPoint). Actually that pier could be approximately right here. So this is the south cove. The proposed pier on 4A, I think it is 4A is about right here. There is a pier right now being dismantled approximately 200 feet southeast that was built without her permission. One of the conditions of the permit was that you have to have the adjacent homeowner's permission, which they came to the house, asked for it, and it was not given. So, I don't understand why someone would build a pier knowing you have a condition of an adjacent homeowner's permission to build on their property, and it kind of looks like history repeating itself, if this happens again. Ronald Ripley: I don't know if you answered my question. The joint propelty line between the property that is the applicant's here and your mother's property line, would you point that out please? David MacMillan: I'm sorry. Can you make that a little bit bigger? Ed Weeden: Can you return back to the microphone please? Janice Anderson: There you go. David MacMillan: There you go. Her property line is right here. It says "deck, pier". That is her existing pier, and her property line runs right here to the point, and if you look at the GPIN map that was up earlier, it actually shows the entire site. Of course that is not a survey. This is an actually survey but that is the property line right along here at this point Mr. Ripley. ( Ronald Ripley: So, is the proposed pier within the other man's property? It kind oflooks that way to me. Item #9 Gregory P. Marshall/James Stuart Sim Page 3 ( David MacMillan: Well, it did on the other one until they built it. And then they discovered it was hanging. Actually he was given a choice. I'm talking about the pier that is being dismantled right now. They said he could either move it back 5 feet to the property line or you can dismantle it. So, he is in the process of dismantling it right now. I understand they would have riparian rights to use that water. The problem is that once you put the lift on it, and they have a proposed 80 foot floating dock, but once you put the two boatlifts, I don't understand how two boatlifts are going to work unless you're on the adjacent property. I mean it seems to me like you're going to have some water rights to have the boatlifts on my mother's property. Ronald Ripley: It just looks like to me that the proposed improvements are all located on paper. David MacMillan: On paper. They were on the other one. On paper, they were all within the property line. Ronald Ripley: How would they give you rights? David MacMillan: The problem is that once it is constructed, as this was done without permission, it turned out they were 5 feet into the property line. Ronald Ripley: He is having to remove to isn't he? David MacMillan: He is having to remove it at the contractor's expense. Ronald Ripley: So you got to stay within the confines of what he is promoting. David MacMillan: And another thing. Ronald Ripley: You've answered my question. David MacMillan: That is obviously the major concern we would have. The major gripe we have with it. Another thing is that these two coves are very, very shallow and tidal, and at low tide it is basically a mud flat. You can't dredge there. This cove is not set up if anyone has actually seen this site, is not setup for boat traffic. My mother has been down there since 1973, and when my dad was living they would go out on a little 17 foot aluminum fishing boat, if they didn't catch the tide right there, they were in trouble. Even with a pier at the end where it actually sticks out into the deeper water, the coves themselves, which this proposed shared pier here is actually right on the edge of the cove as it goes out, they are more shallow. Another example is they have the property marketed for at one point $800,000. It just closed for $550,000 because I think people realized that this is not deep water property, so to speak. Janice Anderson: Are there any other questions of Mr. MacMillan. Mr. MacMillan, I just want to make clear that what we're looking at today is in accordance with the site plan that is provided. So, if there is anything that is built out that is not what we're looking at or considering. t David MacMillan: Right. Janice Anderson: Okay. Thank you. Item #9 Gregory P. Marshall/James Stuart Sim Page 4 ( David MacMillan: Is there any mechanism to make sure that when it is being built? I mean, the Virginia Marine Resources Commission actually back after it was finished on a spot check and said, where is the permission? You never got it. Why is it 5 feet into the property line? Janice Anderson: They are required to go through the Joint Permit Application and get the required approval. David MacMillan: And permission I would think from adjacent land owners. Janice Anderson: Well, only if you're going to build on your property. Right now, that is not what the application shows. David MacMillan: Okay. Janice Anderson: Okay. David MacMillan: Thank you ma' am. Janice Anderson: Thank you sir. I think we have some other speakers. I was talking to Mr. Simon. Thank you very much Mr. MacMillan. Donald Horsley: We have Katie MacMillan. Did she want to speak? Katie MacMillan: No, I think my son said everything. Thank you. Donald Horsley: Thank you ma'am. That is all. Janice Anderson: Thank you Mr. Simon. ( , Robert Simon: You're welcome. I would like to clarify a couple of things real quick. With regards to the other pier that Mr. MacMillan has given you a history on. The pier was built with permission, and proper permits and a zoning variance. They objected to the pier but all permits were properly issued and obtained to build the pier. The contractor happened to not follow the plans there and it was caught on an inspection that we performed out there. We notified them that it was not correct and to move the pier. That is why it is in the process of moving. As for our proposal, it is totally within the bounds of Lot 4A. And in fact, as for dredging, Lot 4A and 5A were part of a dredging project that was done when the whole development was first subdivided that Estates on the Lynnhaven and Woodhouse Cove for dredging and these lots were dredged for a pier at the location that we have shown up here. So, we are not intending to build on the MacMillan property in any way, shape or form. It will be totally confined. And as for water rights, I'm not sure what water rights they would be referring to. We're allowed to boat anywhere as long as we're not building a structure. So, I think the pier is well within the rights of my clients on this application. Janice Anderson: Thank you Mr. Simon. Are there any questions of Mr. Simon? Thank you sir. Item #9 Gregory P. Marshall/James Stuart Sim Page 5 Robert Simon: Thank you. Katie MacMillan: May I speak? Janice Anderson: Since you had signed up ma'am and had waived, ifthere is some new information, yes ma'am. Katie MacMillan: My name is Katie MacMillan, and I'm the property owner here. I guess it is a dispute with what Mr. Simon said. But I received a photocopy of a letter to Mr. Frisk, who was the contractor who built this pier. It is a photocopy of letter to him and to me, and it was from the Planning Commission, which is what this is? Is it not? Janice Anderson: Yes' ma'am. Katie MacMillan: And it said that we have noted that you have built a pier without the permission of property owner Katie MacMillan, and that unless you can receive her permission, you will have to take it down. Janice Anderson: I think that is what they're saying ma'am. Evidently when it was built it was built 5 feet into your property, and they were required to take it down. That is why they are taking it down. Katie MacMillan: Okay. Janice Anderson: Okay. Katie MacMillan: Okay. Janice Anderson: Thank you ma'am. I'll open it up for discussion. Go ahead. Ronald Ripley: I think and I appreciate the Mr. MacMillan and his mother coming down because they are concerned about anybody building and encroaching in their property, and I would be as well. But I think this survey here clearly shows that the proposed improvements are inside the applicant's property. That is the first thing. The second thing is that I think when you have two landowners coming together to reduce the amount of intrusion into the waterways, and use one pier, I think that's to be commended. And, I believe that the application should be supported and I will also support the application. Janice Anderson: Thank you Mr. Ripley. Is that a motion? Ronald Ripley: That is a motion to approve. Janice Anderson: Thank: you. Joseph Strange: I'll second the motion. Janice Anderson: A motion to approve by Ron Ripley and a second by Joe Strange. Are there Item #9 Gregory P. Marshall/James Stuart Sim Page 6 any further comments before we take the vote? Go ahead AI. Al Henley: I think that the applicant that is before us today that he will ensure that the surveyor, as well as the contractor, complies completely with the survey, and it clearly shows on that it is 12 feet away from the MacMillan's property that there are adequate inspections, and a recheck by the surveyor to ensure that they are well within their boundaries before the first pile is driven, I think that will ease up a lot of concerns with the adjoining neighbor. Robert Simon: Absolutely. Al Henley: Okay. Thank you. Janice Anderson: Thank you. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved the application of Gregory P. Marshall and James Stuart Sim. Janice Anderson: Thank you all for coming down. Robert Simon: Thank you. ( p~~~, r- - .) f\ -. J.) ~.:-. ;Sf ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 501 of the City Zoning Ordinance Pertaining to Permissible Floor Area for Accessory Structures MEETING DATE: November 24, 2009 . Background: The proposed amendment is a response to numerous requests made to the Board of Zoning Appeals for accessory structures (garages, sheds, etc.) that are in excess of the maximum size provided for in the Zoning Ordinance. The ordinance currently provides that such structures cannot exceed 500 square feet of floor area or 20 percent of the floor area of the principal structure, whichever is greater. . Considerations: The amendments will allow accessory structures in the R-30 and R-40 Residential Districts to have a maximum size of up to 30 percent of the floor area of the principal structure. Lots within the R-30 and R-40 Districts are large enough to support accessory structures of such size. There was no opposition to this proposed amendment. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council . Attachments: Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~4Al. l). tJalJ~ 1 AN ORDINANCE TO AMEND SECTION 501 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO PERMISSIBLE FLOOR 4 AREA FOR ACCESSORY STRUCTURES 5 6 Section Amended: ~ 501 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 501 of the City Code is hereby amended and reordained to read as 15 follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS 18 19 20 Sec. 501. Use regulations. 21 22 23 (b) Accessory uses and structures. Uses and structures which are customarily 24 accessory and clearly incidental and subordinate to principal uses and structures 25 and where such accessory structures do not exceed the height of the principal 26 structure and, in all residential zonino districts. except for R-30 and R-40. do not 27 exceed five hundred (500) square feet of floor area or twenty (20) percent of the 28 floor area of the principal structure, whichever is greater. In the R-30 and R-40 29 residential zoning districts. accessory uses and structures shall not exceed thirtv 30 (30) percent of the floor area of the principal structure. Such accessory uses and 31 structures include but are not limited to: 32 33 (1) Detached guest house and servants quarters within the R-40 District only; 34 35 (2) Bees; 36 37 (3) Swimming pools, boat houses, piers, etc.; 38 39 40 41 COMMENT 42 43 This amendment increases the allowed floor area for accessory uses on large residential 44 lots zoned R-30 or R-40. Such lots are large enough to support larger accessory uses. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day CA11270 R-3 September 2, 2009 APPROVED AS TO LEGAL SUFFICIENCY: ~Jce~JlaaI Item #19 City of Virginia Beach An Ordinance to amend Section 501 of the City Zoning Ordinance Pertaining to permissible floor area for accessory structures October 14, 2009 CONSENT Joseph Strange: The next matter is agenda item 19. It's an ordinance to amend Section 601 of the City Zoning Ordinance pertaining to permissible floor area for accessory structures. Kay Wilson: Number 19 is an amendment to the City Zoning Ordinance in regard to detached structures. Currently, detached structures can be no larger than 500 square feet or 20 percent of the floor area ofthe principal structure. This would allow that to increase to 30 percent ofthe floor of the principal structure for those lots that are zoned R-30 and R-40, because it would appear they are large enough to accommodate these larger detached structures. This does not appear to have any opposition, and we would ask that it would be passed. Joseph Strange: Thank you Kay. Is there any opposition to this matter being placed on the consent agenda? Madame Chair, I make a motion to approve agenda item 19. Janice Anderson: We have a motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS LIV AS REDMOND RIPLEY RUSSO . STRANGE AYE 9 NAY 0 ABSO ABSENT 2 AYE ABSENT AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved agenda item 19 for consent. Janice Anderson: Thank you all for coming down that had an application on the consent agenda. That closes our section for those items. I appreciate you coming down. Congratulations. ~t..,,,,, ~~~"-'''~~ N{~ F if~ \.~.- ,.J ~\. ~~ft of, ~ ~ ... lit" ~l\'''.:t''' ..........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Section 4.1 of the Subdivision Regulations pertaining to the roadway radius of cul-de-sac streets. MEETING DATE: November 24,2009 . Background: To reduce stormwater runoff and impervious cover, the Green Ribbon Committee has recommended the attached amendment. The Subdivision Regulations currently allow the radius of a cul-de-sac to be greater than 40 feet, which results in greater pavement area and less pervious surface area. . Considerations: This amendment will require cul-de-sac streets to have an outside roadway radius of 40 feet. The radius cannot be exceeded. Through the forum of the Green Ribbon Committee, the relevant City agencies have reviewed the amendment and determined the reduction in the outside radius will not negatively impact on the provision of City services. There was no opposition to this proposed amendment. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council . Attachments: Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department 1\ ,v-J' City Manageru tL-, ~~ V 1 AN ORDINANCE TO AMEND SECTION 4.1 2 OF THE SUBDIVISION REGULATIONS 3 PERTAINING TO THE ROADWAY RADIUS 4 OF CUL-DE-SAC STREETS 5 6 Section Amended: 94.1 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 4.1 of the Subdivision Regulations IS hereby amended and 13 reordained to read as follows: 14 15 APPENDIX B SUBDIVISION REGULATIONS. 16 17 18 DESIGN STANDARDS 19 20 Section 4.1 Streets and Alleys. 21 22 23 (p) Except where unusual land configuration requires otherwise, cul-de-sac streets, 24 designed to be so permanently, shall not be longer than: 25 26 (1) Three thousand (3,000) feet to the turnaround if serving very-low-intensity 27 residential uses (lot area per dwelling unit at or exceeding forty thousand 28 (40,000) square feet) or 29 30 (2) Fifteen hundred (1,500) feet to the turnaround if serving low-intensity 31 residential uses (lot area per dwelling unit exceeding seventy-five hundred 32 (7,500) square feet) but less than forty thousand (40,000) square feet or 33 34 (3) One thousand (1,000) feet to the turnaround if se!Ving residential uses of 35 higher intensity. 36 37 All cul-de-sac streets shall be provided at the closed end with a circular turnaround 38 having an outside roadway radius of at least forty (40) feet and a right-of-way radius of 39 at least fifty (50) feet, except where other forms of turnaround are approved by the 40 planning director as conforming to standard practice. 41 42 CO~NT 43 44 This amendment will require cul-de-sac streets to have an outside roadway radius of 40 feet. 45 The Code currently allows greater radii and therefore greater pavement area. To reduce 46 stormwater runoff and impervious cover, the Green Ribbon committee recommends this 47 amendment. II I 48 49 50 of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. CA11056 R-2 . April 13, 2009 day APPROVED AS TO LEGAL S~FFICI1CY: (jJ~filj/{atd City Attorney's Office Item #16 City of Virginia Beach An Ordinance to amend Section 4.1 of the Subdivision Regulations Pertaining to the roadway radius of cul-de-sac streets October 14, 2009 CONSENT Joseph Strange: The next matter is agenda item 16, an ordinance to amend Section 4.1 of the Subdivision Regulations pertaining to the roadway radius of cul-de-sac streets. Kay Wilson: Kay Wilson from the City Attorney's Office. Number 16 is an ordinance that will amend the Subdivision Regulations. It comes on the recommendation of the Green Ribbon Committee to reduce the amount of pavement that is allowed in cul-de-sacs. Currently, you can build a cul-de-sac that is at least 40 feet in radius. This will allow all cul-de-sacs must be 40 feet. They can't be larger. They can't be smaller to reduce the pavement allowed. This does not appear to have any opposition, and we would ask that it would be passed. Joseph Strange: Thank you Kay. Is there any opposition to this matter being placed on the consent agenda? Joseph Strange: Madame Chair, I make a motion to approve agenda item 16. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved agenda item 16 for consent. L. APPOINTMENTS: BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. ABSTRACT OF VOTES - General Election of November 3, 2009 I I I I ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: I Virginia, GOVERNOR NAMES OF CANDIDA TES AS PRINTED ON BALLOT Robert F. "Bob" McDonnell- R R. Creigh Deeds - D Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. Total Number of OveNotes for Office ........................................................... TOTAL VOTES RECEIVED (IN FIGURES) 63,964 36,303 96 o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: ~~ , Chairman , Vice Chairman , Secretary tary, Electoral Board ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3,2009 General Election, for: , Virginia, LIEUTENANT GOVERNOR NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) William T. "Bill" Bolling - R Jody M. Wagner - 0 56,814 41,375 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 75 2 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: l:iQ~ , , Chairman , Vice Chairman , Secretary ~, Electoral Board II I ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, ATTORNEY GENERAL NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ken T. Cuccinelli II - R 60,865 37,447 Stephen C. Shannon - 0 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 70 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 21ST ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Ron A. Villanueva - R R. W. "Bobby" Mathieson ~ 0 7,673 7,659 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins'" Invalid Write-Ins = Total Write-In Votes)................................................. 33 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman . Secretary ecretary, Electoral Board II I ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 81ST ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Barry D. Knight - R 8,747 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 149 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: ~~ , Chairman , Vice Chairman ~ ,Secreta~ Secreta~, Electoral Board ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 82ND ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Harry R. "Bob" Purkey - R Peter W. Schmidt - 0 12,768 7,426 940 John O. Parmele, Jr. - I .................................................................. Total Write-In Votes (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes)................................................. 8 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board II I I ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 83RD ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Chris P. Stolle - R 9,347 6,346 Joe F. Bouchard - 0 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. Total Number of Overvotes for Office ........................................................... 14 o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 84TH ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Sal R. Iaquinto - R 11,967 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes)................................................. 225 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board II I ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 85TH ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Robert "Bob" Tata - R 15,035 3,413 French D. Mackes, Jr. - C Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes)................................................. 86 1 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: ~Q~ ~ , Chairman I Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the County/City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 90TH ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES ReceiVED (IN FIGURES) Jason E. Call - R 157 709 Algie T. Howell, Jr. - 0 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 1 o Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 10TH day of November, 2009. A copy teste: ~~ I Chairman , Vice Chairman I Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the City of VIRGINIA BEACH at the November 3, 2009 General Election, for: ,Virginia, COMMONWEALTH'S ATTORNEY NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Harvey l. Bryant III Mark C. Hardman .....................~........................n................... 61,159 22,576 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes)................................................. 287 3 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Harvey L. Bryant III Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, SHERIFF NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Kenneth W. "Ken" Stolle 66,804 27,731 John L. Bell, Jr. Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 127 2 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Kenneth W. "Ken" Stolle Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the City of VIRGINIA BEACH at the November 3, 2009 General Election, for: ,Virginia, COMMISSIONER OF REVENUE NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Philip J. Kellam 82,786 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 722 9 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Philip J. Kellam Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman , Vice Chairman , Secretary cretary, Electoral Board ( . ABSTRACT OF VOTES Cast in the City of VIRGINIA BEACH at the November 3, 2009 General Election, for: , Virginia, TREASURER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John T. Atkinson, Sr. 84,354 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED) [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes)................................................. 641 1 Total Number of Overvotes for Office ........................................................... We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3, 2009, do hereby certify that the above is a true and cOffect Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: John T. Atkinson, Sr. Given under our hands this 10TH day of November, 2009. A copy teste: , Chairman I Vice Chairman I Secretary Secretary, Electoral Board O. ADJOURNMENT City Council Sessions December 1 and 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Thursday, Dec:ember 3,7:00 PM Kellam High Schoo', 2323 Holland Road ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Gloria 11/24/09gw www.vbgov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 11/10/2009 L PAGE I D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D I/A BRIEFING: COMP PLAN Jack Whitney, Director - Planning B INTELLIGENT TRANSPORTATION Jason Cosby, SYSTEM Director - Public Works C DIGITAL BILLBOARDS William Macali, City Attorney II/III/IV N / CERTIFICA TION OF CLOSED CER TIFlED 10-0 Y Y Y A Y Y Y Y Y Y Y VI-E SESSION F MINUTES - OCTOBER 27, 2009 APPROVED 9"() Y Y Y A Y Y Y Y Y A Y B S T A I N E D G/H PUBLIC HEARINGS: I. EXCESS CITY PROPERTY NO SPEAKERS a. Nelms Lane b. 1000 Red Mill Boulevard c. 1544 New York Avenue d. 1540 New York Avenue/232 Gatewood Avenue/I 525 Ohio Avenue/109 and I II Bob Lane 2. BAKER ROAD EXTENDED NO SPEAKERS 3. WEST NECK ROAD SAFETY NO SPEAKERS I/J.l Ordinances DECLARING City property ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y EXCESS/AUTHORIZING exchange, for CONSENT Zurich Arch property owned by Habitat for Humanity: a. Nelms Lane b. 1000 Red Mill Boulevard CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V DATE: 11/10/2009 I L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 2 Ordinances DECLARING City property ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y EXCESS/AUTHORIZING sale at: CONSENT a. 1544 New York Avenue to Mark W.C. McGohan b. 1540 New York Avenue/ 232 Gatewood Avenue/ 1525 Ohio Avenue/109 and III Bob Lane to Ocean Bay Homes, Inc. 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y property for r/o/w for Baker Road CONSENT Extended by agreement or condemnation 4 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y property for the r/o/w for West Neck Road CONSENT Interim Safety Improvement by agreement or condemnation 5 Resolution to REFER to Planning Comm ADOPTED 6-4 Y Y Y A N N Y Y Y N N Ordinance AMENDING *111/~215/ ~216/ ADDING ~218 CZO re: electronic display billboards (requested by Councilman Diezel) 6 Resolution to SUPPLEMENT 2010 ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Legislative Agenda to request Governor/ CONSENT General Assembly fund the VNDIA/support legislation to provide additional monies to the HRMFF A (requested by Councilman Uhrin) 7 Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y a $64,600 Grant from U.S. Homeland CONSENT Security to Police Depart re: equipment/training re Police Marine Unit. 8 Ordinance to ACCEPT/APPROPRIA TE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Grant from US Depart of Justice/ Edward CONSENT Byrne Justice Assistance Grant $214,208 re: Public Safety/Criminal Processing: a. $13,000 to Police b. $30,940 to Police c. $43,000 to Police d. $93,875 to Sheriff e. $19,390 to Juvenile/Domestic District Court f. $2,148 to JuvenileIDomestic District Court g. $11,855 to Circuit Court CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 1 DATE: 11/10/2009 L PAGE 3 D S L E D H E A W AGENDA D S 1 E J S U N 1 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 1 P E E E E M 1 V 0 0 S H L R Y S S N A N D 9 Ordinance to ESTABLISH IACCEPT ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y GrantlAPPROPRlATE $800,000 from US CONSENT Depart of Justice re: COPS Law Enforcement Technolol!V K-l Ordinance to AMEND Comp Plan re: ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Pembroke Strategic Growth Area 4 CONSENT Implementation PlanlREPEAL 1991 CBD Master Plan. 2 BRYANT & STRATTON COLLEGE APPROVEDI 10-0 Y Y Y A Y Y Y Y Y Y Y CUP re university or college at 4740 Baxter CONDITINED, Road DISTRICT 2 - KEMPSVll-LE BY CONSENT 3 BEACH BINGO, INC., tla APPROVEDI 10-0 Y Y Y A Y Y Y Y Y Y Y PEMBROKE HALL CUP re bingo CONDITINED, operation at 3600 Holland Road BY CONSENT DISTRICT 3 - ROSE HALL 4 Resolution re existing mobile home at APPROVED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y 2348 Vaughan Road DISTRICT 7 - CONSENT PRINCESS ANNE 5 Ordinance to AMEND CZO: APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y CONDITIONED, a. ~211 re: time limitations on political BY CONSENT campaign signs b. ~20 1 re: setbacks for front porches (requested by Council Ladies Rosemary Wilson/Barbara Henley) c. ~203/900/901/902/905 re: Pembroke Strategic Growth Area 4 Implementation Plan. 6 NEW FIRST COLONIAL DENIED 7-3 Y N Y A Y Y Y Y Y N N ASSOCIATES COZ from R-1S to Conditional 0-1 re a dental office at 5315 Bonneydale Road DISTRICT 2 - KEMPSVll-LE 7 ENDEAVOR ENTERPRISES, L.L.C. APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y COZ from AG-lIAG-2 to Conditional B- IAIP-I at Chestnut Oak Way DISTRICT 7 . PRINCESS ANNE L APPOINTMENTS: PLANNING COMMISSION RESCHEDULED B Y C 0 N S E N S U S RESORT ADVISORY COMMISSION (RAC) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: ll/1012009 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 COMMUNITY SERVICES BOARD Appointed Chris 10-0 Y Y Y A Y Y Y Y Y Y Y Calcagno for Unexpired thru 12/31/10 REVIEW and ALLOCA TION (COG) Appointed Robert 10-0 Y Y Y A Y Y Y Y Y Y Y Spadaccini, Ex Officio VIRGINIA COMMUNITY Appointed James 10-0 Y Y Y A Y Y Y Y Y Y Y DEVELOPMENT CORPORA nON Banks for 4 Yr Term 1/1/10- 12/31/13 MlNIO ADOURNMENT 7:18pm PUBLIC COMMENTS SIX SPEAKERS Non-Agenda Items 7:19-7:33 PM Thursday, November 12th ANNUAL JOINT MEETING General Assembly, City Council and School Board City Council Sessions November 17 - Workshop November 24 - Informal and Formal Sessions December 1 and 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Wednesday, November 18, 7:00 PM Green Run High School, 1700 Dahlia Drive Thursday, December 3, 7:00 PM Kellam High School, 2323 Holland Road