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Home My WebLink AboutDECEMBER 1, 2009 II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILUAM 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 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 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 1 December 2009 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1. CYCLING SAFETY - BIKEWAYS and TRAILS PLAN Cindy Curtis, Director - Parks and Recreation A. M. Jacocks, Police Chief 2. LOTUS GARDEN CIP - 51 % Neighborhood Utility Installation Policy Thomas Leahy, Director - Public Utilities II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc/@vbgov.com 3:00 PM 4:30 PM II V1. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER-Mayor William D. Sessoms, Jr. B. INVOCATION: 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 24,2009 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. COMPREHENSIVE PLAN REVISIONS 1. CONSENT AGENDA J. ORDINANCES 1. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $98,092 from the Federal Byrne Memorial Justice fund through the Virginia Department of Criminal Justice to the Department of Human Services re the Crisis Intervention Team (CIT) b. U.S. Department of Justice re Bullet Proof Vests: 1) Sheriff$18,930 2) Police $26,140 c. $80,000 from the U. S. Department of Justice re Internet Crimes Against Children Task Force Program II K. PLANNING - NO ACTION: 1. Application of CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 1001 of the City Zoning Ordinance re religious uses in the I-I and 1-2 Industrial Districts L. PLANNING 1. Application of BREAKING OF DAYIWILLIAM H. THUMEL, JR. for a Conditional Use Permit re a church at 4966 Euclid Road, Suites 101-103 DISTRICT 2 KEMPSVILLE RECOMMENDATION ALLOW WITHDRA W AL 2. Applications of ENOCH BAPTIST CHURCH at 5641 Herbert Moore Road DISTRICT 2 - KEMPSVILLE: a. Modification of Condition No.1 (approved on August 28,2001) re additional parking spaces b. Conditional Use Permit re outdoor basketball/tennis court RECOMMENDATION APPROVAL 3. Application of KATHERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road DISTRICT 7 PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of FAITH CHRISTIAN MINISTRIES, INC.lALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 5. Application of KIMBERLY V AKOS/CNJ ENTERPRISES, INC, T/A PAUL'S AUTO SERVICE for a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of PHIL SAND INVESTMENTS, INC. for a Change of Zoning District Classification (CZO) from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL I M. 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 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** City Council Sessions December 8 - Informal and Formal Sessions Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3,7:00 PM Kellam High School, 2323 Holland Road I 1. CITY MANAGER'S BRIEFINGS ~ Conference Room - 3:00 PM 1. CYCLING SAFETY - BIKEWAYS and TRAILS PLAN Cindy Curtis, Director - Parks and Recreation A. M. Jacocks, Police Chief 2. LOTUS GARDEN CIP - 51 % Neighborhood Utility Installation Policy Thomas Leahy, Director - Public Utilities II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW I V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION II .tsolutinn CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. II V1. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: 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 24,2009 II G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. COMPREHENSIVE PLAN REVISIONS II rE~~' (l~' .~. ~'. - ~ \. .~ . -. '. . --,;, " . . lJ'"..,t ~..._~ PUBUC HEARING ~QMPB~"ENSIV.r;: P~~ fhe Virginia Beach City Council will hold a PUBUC HEARING for ~he purpose of obtaining comments on the proposed revisions to the Virginia Beach Comprehensive Plan. The Hearing will be on Tuesday, December 1, 2009, at 6:00 p.m., in the Council Chamber of the City Hall BUilding (Building #1) at the Virginia Beach ~unicipal Center. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385-4303. Hearing impaired call: 1-800.828-1120 (Virginia Relay - Telephone Device for the Deaf). ~ny questions concerning this matter should be directed to the Department of Planning, Comprehensive Planning Division. 385-4621. Ruth Hodges Fraser. MMC r;ily Clerk Beacon Nov. 15 & 22, 2009 20787228 II 1. CONSENT AGENDA J. ORDINANCES 1. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $98,092 from the Federal Byrne Memorial Justice fund through the Virginia Department of Criminal Justice to the Department of Human Services re the Crisis Intervention Team (CIT) b. U.S. Department of Justice re Bullet Proof Vests: 1) Sheriff$18,930 2) Police $26,140 c. $80,000 from the U. S. Department of Justice re Internet Crimes Against Children Task Force Program II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services and to Provide, by Transfer and by Appropriation, the Required Local Match MEETING DATE: December 1, 2009 . Background: Additional grant funding is available to the Department of Human Services from the Federal Byrne Memorial Justice Grant through the Virginia Department of Criminal Justice Services. This grant will be active through June 30, 2010. These additional funds will allow the City to continue with the Crisis Intervention Team (liCIT") Pilot Program after its initial round of funding. The CIT trains first responders to effectively deal with situations involving people experiencing a mental health crisis, and links offenders with appropriate treatment and resources in the community. This program provides community support, infrastructure, and training to deal with psychiatric diagnosis, suicide intervention, substance abuse issues, de-escalation techniques, the role of the family in the care of a person with mental illness, legal training in mental health and substance abuse issues, and local resources for those in a mental health crisis. Funding will pay for CIT training for police officers, a computer and two contractual staff. . Considerations: The grant provides $98,092 of federal pass-through funding and requires a local cash match of $32,698. The Department of Human Services, the Police Department and the Sheriff's Department will share the required match equally. The Police match of $10,899 will come from the DEA Seized Property Special Revenue Fund, the Department of Human Services will provide $10,900 from the operating budget, and the Sherriff's Department will provide the $10,899 match from the Inmate Services Special Revenue Fund. . Public Information: The use of funds was endorsed by the Community Services Board at its November 19th meeting, and public information will be coordinated through the normal Council agenda process. . Recommendations: Accept and appropriate $98,092 in federal pass-through revenue and provide the required local match to the Department of Human Services. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Services City Manager: ~, lL. ~ II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES AND TO PROVIDE, BY TRANSFER 4 AND BY APPROPRIATION, THE REQUIRED LOCAL MATCH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 (1) $98,092 in federal pass-through grant funding from the Virginia Department 10 of Criminal Justice Services ("DCJS") is hereby accepted and appropriated, with federal 11 revenue increased accordingly, to the FY 2009-10 Operating Budget of the Department of 12 Human Services to continue the Crisis Intervention Team Pilot Project. 13 14 (2) $10,899 of fund balance is hereby appropriated in the DEA Seized Assets 15 Fund and transferred to the FY 2009-10 Operating Budget of the Department of Human 16 Services to provide the required local match for the DCJS grant. 17 18 (3) $10,899 is hereby transferred from the FY 2009-10 Operating Budget of the 19 Sheriff Department to the FY 2009-10 Operating Budget of the Department of Human 20 Services to provide the required local match for the DCJS grant. 21 22 (4) $10,900 is hereby transferred within the FY 2009-1 0 Operating Budget ofthe 23 Department of Human Services to provide the required local match for the DCJS grant. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: j)0Q_~ Management Services ~ .---. Are s 0 i~ CA11324 R-2 November 16, 2009 II , .~& fffl....... ~ <.r\lt ~'~~4 ~..~~ ~Ololl"#.'(\~ - CITY OF VIRGINIA BEACH AGENDA ITEM "" '-- ~ ITEM: An Ordinance to Accept and Appropriate Funds from the United States Department of Justice for Bullet-Proof Vests MEETING DATE: December 1, 2009 . Background: The Federal Bullet-Proof Vest Partnership Program provides partial reimbursement for bulletproof vests purchased by police agencies. This is a unique program designed to provide a critical resource to state and local law enforcement. The City has been awarded $45,070 in grant funds by the United States Department of Justice for the purchase of bullet-proof vests. This funding will be shared by the Sheriff and Police Department. . Considerations: These funds will be used to purchase replacement bulletproof vests. The Sheriff and Police Department have a replacement schedule of five years in accordance with the manufacturer's warranty period. These funds will assist in meeting that replacement schedule. There is no local match requirement for this grant. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that City Council accept and appropriate the grant award of $45,070 for the purchase of bulletproof vests. . Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager:~ \( . ~~ 1'1 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE UNITED STATES DEPARTMENT OF 3 JUSTICE FOR BULLET-PROOF VESTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $45,070 is hereby accepted from the United States Department of 9 Justice and appropriated, with federal revenue increased accordingly, as follows: 10 11 (a.) $26,140 to the FY 2009-10 Operating Budget of the Police 12 Department; and 13 14 (b.) $18,930 to the FY 2009-10 Operating Budget of the Sheriffs Office. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: .~~.. ~~ . Y A o. 's Office - CA11328 R-3 November 19, 2009 n \A'~'" ;S~\ ~ ..t~t, 'I.-J~i ~}iJ ~~~.V ~:~.,..";~i' ~"',,... 'Y ...""" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the United States Department of Justice through the Bedford County Sheriffs Office to Combat Internet Crimes Against Children MEETING DATE: December 1, 2009 . Background: The United States Department of Justice provides grant funds through the Recovery Act in the FY 09 Internet Crimes Against Children Task Force Program Grants. The County of Bedford and, more specifically, the Southern Virginia Internet Crimes Against Children Task Force, has been awarded federal funding with the grant. The City of Virginia Beach Police Department has been approved as a sub- recipient for $80,000 of this funding. . Considerations: Of the $80,000, the City of Virginia Beach will be directly responsible for expending and accounting for $40,000, which will be used to pay for training, equipment and overtime. The remaining $40,000 will be pass-through monies to affiliate agencies and will be managed by the City of Virginia Beach. There is no local match requirement for this grant. . Public Information: Public information will be provided through the normal Council Agenda process. . Recommendations: It is recommended that Council accept and appropriate the grant award of $80,000. . Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: r k. ~~ II 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE UNITED STATES DEPARTMENT 3 OF JUSTICE THROUGH THE BEDFORD COUNTY 4 SHERIFF'S OFFICE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $80,000 is hereby accepted from the United States Department of 10 Justice through the Bedford County Sheriff's Office and appropriated, with federal 11 revenues increased accordingly, to the FY 2009-10 Operating Budget of the Police 12 Department for activities related to the Internet Crimes Against Children Task Force. 13 14 2.. That items purchased with these grant funds are not guaranteed 15 replacement by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: j)~Q.~ ~ ~. rney's Office Management Services CA11327 R-2 November 18,2009 rl K. PLANNING - NO ACTION: 1. Application of CITY OF VIRGINIA BEACH for an Ordinance to AMEND Section 1001 of the City Zoning Ordinance re religious uses in the I-I and I-2 Industrial Districts L. PLANNING 1. Application of BREAKING OF DAYIWILLIAM H. THUMEL, JR. for a Conditional Use Permit re a church at 4966 Euclid Road, Suites 101-103 DISTRICT 2 KEMPSVILLE RECOMMENDATION ALLOW WITHDRAWAL 2. Applications of ENOCH BAPTIST CHURCH at 5641 Herbert Moore Road DISTRICT 2- KEMPSVILLE: a. Modification of Condition No.1 (approved on August 28,2001) re additional parking spaces b. Conditional Use Permit re outdoor basketball/tennis court RECOMMENDATION APPROVAL 3. Application of KATHERINE PENNINGTON for a Conditional Use Permit re residential kennel at 3485 Head River Road DISTRICT 7 PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application of FAITH CHRISTIAN MINISTRIES, INC./ALBANO FAMILY LTD, PARTNERSHIP for a Conditional Use Permit re a church at 305 Waverly Drive, Suite A DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 5. Application ofKIMBERL Y V AKOS/CNJ ENTERPRISES, INC, T/A PAUL'S AUTO SERVICE for a Conditional Use Permit re motor vehicle sales, repair garage and bulk storage at 128 Happy Street DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 6. Application of PHILSAND INVESTMENTS, INC. for a Change of Zoning District Classification (CZO) from 0-2 Office District to Conditional B-2 Community Business District re a dental lab at 6044 Providence Road DISTRICT 2 -KEMPSVILLE RECOMMENDATION APPROVAL II "E~lIl'Sl:1 !~/. ~ -".. ~ igr/ . ! (. ."" ~ '\. -. . TJ' r..'. ~ ~.1 ~....~ NOTJ~~ OF PtL81..IC HEABJNG Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive. Tuesday, December 1, 2009. at 6:00 p.m. The following applications will be heard: KEMPSVILLE DISTRICT t:noch Baptist Church Application: MQ9Jfication of Conditigns (approved by City Council on August 28, 2001) at 5641 Herbert Moore Road. Purpose: addition of pa~ing spaces. Enoch Baptist Church Application: Qonditi.Q[lal Use Permit for a recreational facility of an outdoor nature (basketball court) at 5641 Herbert Moore Road. The Breaking Of Day/William H. Thumel, Jr. Application: Condlt!Q!!~LJl~.~ermit for religious use at 4966 Euclid Road, Suites 101-103. Philsand Investments, Inc. Application: Ch~~oni~lstrict Classification from 0-2 Office to Conditional B-2 Community Business at 6044 Providence Road. Comprehensive Plan: Primary Residential Area. Purpose: operate a dental laboratory. PRINCESS ANNE DISTRICT Katherine Pennington Application: C_QDditional Use P~rmi! for a residential ~ennel at 3485 Head River Road. ROSE HAU DISTRICT Faith Christian Ministries, Inc./Albano Family LTD. Partnership I Application: CO.mlj!ionat U~~LPerrnit for religious use at 305 Waver!) Drive, Suite A. Kimberly Vakos/Cnj Enterprises, Inc. T/A Paul's Auto Service Application: !:ondltional I J5..!-E'~mi! for motor vehicle sales, automobile repair garage and bulk storage 3t 128 HAPPY Street . CITY OF VIRGINIA BEACH Ordinance to amend Section 1001 of th€ City Zoning Ordinance pertaining to religious llses in tile 1-1 dnd 1-2 Industrial Districts. .0.11 interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments dre on file and may be e~amin",d in the Department of Planning or online at ht!Pfl~.vbi..ovsQmL~ For information t;~1I 3854621. If you are physically dIsabled or visually Impaired clnd need assistance at this meeting, please I:all the CITY CLERK'S OFFICE at 3854303. Beacon Nov. 15 & 22, 2009 20787163 II ~~~~ ~~~.~..~ f{f .. f \1~ ~J~ I:! ('\';;;; 'r~ ~\,., ,.~..:t ~....~~......'" -...............-.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE BREAKING OF DAY I WILLIAM H. THUMEL, JR., Conditional Use Permit, religious use, 4966 Euclid Road, Suites 101-103. KEMPSVILLE DISTRICT. MEETING DATE: December 1, 2009 . Background: The applicant requested a Conditional Use Permit to allow a religious facility (church) within an existing office building complex. . Considerations: The applicant has requested withdrawal of their request. . Recommendations: Allow the withdrawal of the application. . Attachments: Location Map Recommended Action: Allow the withdrawal of the application. Submitting Department/Agency: Planning Departme~ City Manage~':l k. .~ I CUP (or Religious Use I - 56- Item V-K8. PLANNING ITEM #48601 Upon motIOn by Vice Mayor Sessoms. seconded by Councilman Branch. CIty Council MODIFIED CONDITIONS NOS. 1, 2, 6 of the Ordznance upon applzcatlOn of ENOCH BAPTIST CHURCH on a Conditional Use Permit (approved December 16. 1997) Ordinance upon application of Enoch Baptist Church for a Modification of Condltlofl$ placed on the application for a Conditional Use Penmt for a church on December 16, 1997 Property IS located at 5641 Herbert Moore Road (GPIN #1468-24-1134) DISTRICT 2 - KEMPSVILLE 1. MODIFIED: Development of the site shall be In substantial conformance With the site plan entitled "Site Plan. Enoch BaptISt Church, " by Gallup Surveyors and Engineers. dated May 15, 2001 which has been exhibited to City CounCil and IS on file with the Planmng Department The plan must be revised to remove the stockpile area shown In the southeast corner and add a note that trees are to be protected m thIS area Further revisions to the plan may also be necessary to comply With site plan requirements 2. MODIFIED: ArchItectural design, colors, and matenals shall match those Identified on the elevatIOns entItled "Enoch BaptIst Church - Phases I & II. " by AndreI T Banks, whIch have been exhibited to CIty CounCil and are on file With the Planmng Department 3 If the applicant chooses to construct a freestanding Sign, It must be monument style, no taller than eight (8) feet, and constructed With a bnck base that matches the bUlldmg 4 Cleanng of understory growth Within the eastern and southern buffers shall be performed by hand No trees WIth a caliper larger than four (4) Inches shall be removed In these areas 5 A fifieen (15)-foot buffer shall be preserved on the western border of the property Category IV landscapzng shall be Installed wlthm thIS buffer area, modified as necessary to comply With any height limitations Imposed by Vlrglma Power 6 MODIFIED Road Improvements for Herbert Moore Road shall consist of City standard curb, gutter, Sidewalk, and drainage faCilities for the area frontzng the subject property Pavement WIdth of the road In thiS area must be a minimum of fifieen (15) feet 7 The mInimum front yard setback shall be measured from the ultimate right-of-way line for Moore's Pond Road (Herbert Moore Road) Voting J J -0 (By Consent) CounCil Members Votzng Aye Linwood 0 Branch, Ill. Margaret L Eure, William W Hamson. Jr, Barbara M Henley, LOUIS R Jones, Reba S McClanan, Robert C Mandigo. Jr, Mayor Meyera E Oberndor[. Nancy K Parker, Vice Mayor William D Sessoms, Jr and Rosemary Wilson CounCil Members Votzng Nay None CounCil Members Absent. None August 28,2001 II ~~.iE"~ ,(~.. "~'% rlr.I. . ,\~, (E " \""1 (u ' S, (:.~ ::J (\~ If,. ~. ",~':r \...., Qt. ~",~..J -,.........~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) ENOCH BAPTIST CHURCH, Modification of Conditions, approved by City Council on August 28, 2001, 5641 Herbert Moore Road. b) ENOCH BAPTIST CHURCH, Conditional Use Permit, recreational facility (basketball/tennis court), 5641 Herbert Moore Road. KEMPSVILLE DISTRICT. MEETING DATE: December 1, 2009 . Background: The applicant, Enoch Baptist Church, was granted a Conditional Use Permit for a free-standing church in 1997. In 2001 and 2005, City Council approved modifications to the church including the addition of daycare on the site. The applicant now requests a Modification of the Use Permit for the purpose of expanding the parking lot. The church also requests a Use Permit for an outdoor recreational facility (basketball/tennis court). The 2005 Use Permit, and thus the 2001 Use Permit, requires that the site layout be in substantial conformance with the site plan approved in 2001. Since the additional parking and outdoor basketball court was not shown on that plan, a Modification to the Conditional Use Permit is required. . Considerations: Specifically, the proposal consists of the addition of 35 parking spaces to the existing 100-space parking lot and the addition of a combination basketball and tennis court with dimensions of 84 feet by 50 feet. The parking spaces are proposed in an open, grassed area on the west side of the existing parking lot while the basketball/tennis court is proposed on the east side of the property, adjacent to the existing stormwater management facility. There is a stand of mature trees on the southeast corner of the site that will remain intact, continuing to serve as a buffer between the church uses and the adjacent residential neighborhood. The 100 parking spaces currently on the site meet the minimum parking requirement for the existing 500-seat sanctuary. The additional 35 parking spaces will help alleviate overflow parking that is occurring on Herbert Moore Road and elsewhere on the site. During site plan review, the plan will be reviewed for consistency with all landscape requirements as well as any other applicable City codes and requirements. There was no opposition to this request. ENOCH BAPTIST CHURCH Page 2 of 3 . Recommendations: The Planning Commission placed these items 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. All conditions with the exception of Condition number 1 attached to the Conditional Use Permit granted by the City Council on August 28, 2001, shall remain in effect. 2. Condition number 1 of the August 28, 2001, Conditional Use Permit is deleted and replaced with the following: Development of the site shall be in substantial conformance with the site plan entitled "Concept Plan for Parking & Outdoor Recreational Facility, Enoch Baptist Church," by Gallup Surveyors and Engineers, dated August 27,2009, which has been exhibited to City Council and is on file with the Planning Department. 3. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. . 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~ City Manager~ k . 0tJ~ ~ I Map C-5 "1~ ~~, 1.'J 5.:,,1. VifJjimol 1,.\'....."..,."'11 R-15 5&6 November 12,2009 Public Hearing APPLICANT & PROPERTY OWNER: ENOCH BAPTIST CHURCH STAFF PLANNER: Carolyn A.K. Smith REQUEST: ITEM 5. Conditional Use Permit for an outdoor recreation facility for a combination basketball/tennis court. ITEM 6. Modification of a Conditional Use Permit for 35 additional parking spaces for a Conditional Use Permit approved by the City Council in 1997 and modified in 2001 and 2005. ADDRESS I DESCRIPTION: 5641 Herbert Moore Road GPIN: 1468241134 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 3.314 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The requests consists of (1 ) the addition of 35 parking spaces to the existing 100-space parking lot and (2) the addition of a combination basketball and tennis court with dimensions of 84 feet by 50 feet. The parking spaces are proposed in an open, grassed area on the west side of the existing parking lot while the basketball/tennis court is proposed on the east side of the property, adjacent to the existing storm water management facility. There is a stand of mature trees on the southeast corner of the site that will remain intact. The Conditional Use Permit permitting the free-standing church was originally approved by the City Council in 1997. In 2001 and 2005, City Council approved modifications to the church including the addition of daycare on the site. The approved daycare consists of a before and after-school program, operating Monday through Friday from 6:00 a.m. to 8:00 p.m., for up to 100 children, ages 2 through 12 years. No additional structure was proposed in conjunction with the daycare operation as it utilizes approximately 2,500 square feet of existing space within the church building. The 2001 Conditional Use Permit has seven (7) conditions: ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 1 II 1. Development of the site shall be in substantial conformance with the site plan entitled "Site Plan, Enoch Baptist Church," by Gallup Surveyors and Engineers, dated May 1S, 2001 which has been exhibited to City Council and is on file with the Planning Department. The plan must be modified to remove the stockpile area shown in the southeast corner and add a note that trees are to be protected in this area. Further modifications to the plan may also be necessary to comply with site plan requirements. 2. Architectural design, colors. and materials shall match those identified on the elevations entitled "Enoch Baptist Church - Phases I & II," by Andrei T. Banks, which have been exhibited to City Council and are on file with the Planning Department. 3. If the applicant chooses to construct a freestanding sign, it must be monument style, no taller than eight feet (8'), and constructed of brick that matches the building. 4. Clearing of understory growth within the eastern and southern buffers shall be performed by hand. No trees with a caliper larger than four inches (4") shall be removed in these areas. S. A fifteen-foot (1S') buffer shall be preserved on the western border of the property. Category IV landscaping shall be installed within this buffer area, modified as necessary to comply with any height limitations imposed by Virginia Power. 6. Road improvements for Herbert Moore Road shall consist of curb, gutter, sidewalk, and drainage facilities for the area fronting the subject property. Pavement width of the road in this area must be a minimum of fifteen feet (1S'). 7. The minimum front yard setback shall be measured from the ultimate right-of-way line for Moore's Pond Road (Herbert Moore Road). The 200S Conditional Use Permit has one condition, which notes that all of the conditions of the 2001 Use Permit remain in effect. The 200S Use Permit, and thus the 2001 Use Permit, requires that the site layout be in substantial conformance with the site plan approved in 2001. As the additional parking and outdoor tennis/basketball court was not shown on that plan, a modification to the Conditional Use Permit is required. In addition, a Conditional Use Permit for an outdoor recreation facility is required for the 84-foot by SO-foot combination tennis and basketball court. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church with child care SURROUNDING LAND USE AND ZONING: North: . Herbert Moore Road Townhouses I A-12 Apartment District . Townhouses I A-12 Apartment District . Townhouses / A-12 Apartment District . Church, Group Home I R-10 Residential District South: East: West: ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 2 II NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There do not appear to be any significant environmental or cultural features on the property. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Herbert Moore Road is a two-lane undivided local street and is a substandard roadway with pavement widths ranging from 14 to 19 feet wide. It is not included in the MTP. No roadway CIP projects are slated for this segment of roadway _ TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Herbert Moore No Data No Data Available Existing Land Use ~ - Road Available Sunday: 765 ADT Proposed Land Use 3 - There is no significant change in traffic anticipated from the proposed modifications Average Daily Trips 2 as defined by existing church with daycare 3 Most of the users of the recreation facility will be either church members or those arrivinQ on foot or on bicycles. WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this requested modification, as conditioned below. Evaluation: The proposed modifications are compatible with the adjacent residential neighborhood. No alteration to the exterior of the structure is proposed and there is ample area on the property for the construction of the proposed 35 additional parking spaces and the 84-foot by 50-foot combination basketball/tennis court. An existing stand of mature trees located on the southeast corner of the site will remain intact, continuing to serve as a good buffer between the church and its related uses and the adjacent residential area. The 100 parking spaces on the site meet the minimum parking requirement for the existing 500-seat sanctuary. The extra 35 parking spaces will help alleviate overflow parking that is occurring on Herbert Moore Road and elsewhere on the site. During site plan review, the plan will be reviewed for consistency with all landscape requirements as well as any other applicable City codes and requirements. Staff recommends approval subject to the conditions below. ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 3 CONDITIONS 1. All conditions with the exception of Condition number 1 attached to the Conditional Use Permit granted by the City Council on August 28. 2001. shall remain in affect. 2. Condition number 1 of the August 28,2001. Conditional Use Permit is deleted and replaced with the following: Development of the site shall be in substantial conformance with the site plan entitled "Concept Plan for Parking & Outdoor Recreational Facility, Enoch Baptist Church," by Gallup Surveyors and Engineers, dated August 27.2009, which has been exhibited to City Council and is on file with the Planning Department. 3. No outdoor lighting shall be installed in conjunction with the outdoor recreation facility (the combination basketball/tennis court). Play on the court shall not occur after dusk. 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. ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 4 II AERIAL OF SITE LOCATION ENOCH BAPTIST CHURCH Agenda Items 5& 6 Page 5 I . . l! . 1 i -;:F I -;;..:;;:.;;- . (:;'> I I..~.,., ..! (,;"' l . ,...;;[;;;; t' jl:;_L ~-ft ~ ~ " . ~ ft ;)of h ~ " $II'....... I tt :~ I , '" i, ! . I:;,. ~ ~ .. 'I H ~llri! ~,: =;~ !ii;I~~ i "1 d. t h .. 0 .~ · i !~; III 11', I , ; ! ; ~M 11 i ! ~ I~ i t ii . ",of' 11.,;'~,j": ti ~ # 1: ~ .................... ~i ;t II :i I 'i " I I I PROPOSED SITE PLAN ENOCH BAPTIST CHURCH Agenda Items S& 6 Page 6 Map C-S Moo Not to Scale l~i" ,~~y~~~ c~~~ ~~~~ ~ ~ ~. ~~ ~ ~ ~ \.-. ~ ~ ~ ~, --=- ., ~ ~ ;r,.... .\ c;: ~b" ~ -1~~ ~ ~\\ \ .r V /' IJ, ~\l~ ,\, ~t- r'" -='. .' . ~ "" ~\~Jl< ~ ~~ ~, ~Wz,~ ~ ~\1L ~ ) ~~ ~ ~ ~' 2t)R-t~ ~ ~ ~ ~~ ~ '~'\ ~) ~ 'c ~t\~ ._ __ l"l"\\~ - . 'II!!! ~~11~lt- 1- -- - ,\ ... ~ ~...~\ ~1 ....... ~~ ~/ \"!1 t:...kr- u-1.\i'S c: '~~m..~~~ ~ ~~ ~~E' '~ ~~, ~ ;; · ~~~" i'~~~ ~i~~t ~ . \ \ \ ( \.\., \ ~\k \'.> J\- \-'Co ~-,;~~ II ~ j Virginia 1 Wesleyan Collef{e R-15 ::J c=l n Enoch Ba Just Church Modification of Conditions 1 08/12/08 CUP (communications tower) Granted 04/27/04 CUP (dormitory) Granted 04/24/89 CUP (school) . Granted 2 11 /09/04 CUP (church) Granted 3 08/28/01 MOD of Conditions Granted 12/16/07 CUP (church) Granted 4 06/22/99 CUP (school) Granted 02/22/94 CUP (school) Granted ZONING HISTORY ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 7 ~ I I E ::J ,.... ea ~ ~ I I F-t ~ <=> ~ ~ rT I <=> Z <=> I I E I I r-r I I I c:=a <=> ~ ". I DISCLO:tRE STATEMENT I 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) Michael Daniels, Enid Chappell, Larry Hunter, Milford Case, Eric Donigan, Barbara Rogers, . Barbara Williams 2. List all businesses that have a parent-subsidiary1 or affiliated business entit( relationship with the applicant: (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 diffel9nt 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 entit( 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 ,.lterest? Modll\catIon of CondIIionI Application P8ll8 10 of 11 Revised 713107 ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 8 t , 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/A 1 MParent-subsidiary relationship. means Ma 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 MAffiliated business entity relationship. means Ma 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 detennining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close wortdng relationship between the entities: See State and Local Government Conflict of Interests Act, Va. Code , 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing aa:ording to the inatrudions in this package. The under8igned 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. , , , L l. "i AppIr'cMt's Signature f " f f / Michael Daniels Print Name "..- L <.,' ~ J' , Property Owner's Signature (If different than applicant) Print Name ModllIc:alIon of Conditions AppUc:at1on Page 11 of 11 Revieed 7I3l2OO7 ~ I . 8 ::J ea CI:J ~ I . r · ~ <:> c;.....) rT I <:> ~ I I I · ~ I I rT I I I ~ <:> ~ ENOCH BAPTIST CHURCH Agenda Items 5 & 6 Page 9 II Item #5 & 6 Enoch Baptist Church Conditional Use Permit Modification of Conditions 5641 Herbert Moore Road District 2 Kempsville November 12,2009 CONSENT Joseph Strange: The next matters are items 5 & 6, Enoch Baptist Church. An application of Enoch Baptist Church for a Conditional Use Permit for a recreational facility of an outdoor nature (basketball court) on property located at 5641 Herbert Moore Road, and an application of Enoch Baptist Church for a Modification of Conditions approved by City Council on August 28, 2001 on property located at 5641 Herbert Moore Road, District 2, Kempsville, with three (3) conditions. Michael Daniels: Good afternoon Madame Chairman, and members of the Commission. I'm Michael Daniels. I'm the Pastor of Enoch Baptist Church, and as indicated, we want to increase our parking, and provide a recreation facility for the neighborhood, and so we are for it. The things that we saw we agree too. Joseph Strange: You agree to the conditions? Michael Daniels: Yes, we do. Joseph Strange: Okay. Is there any opposition to these matters being placed on the consent agenda? If not, the Chairman has asked Henry Livas to review these items. Henry Livas: The requests consist of the addition of35 parking spaces to the existing 100-space parking lot and (2) the addition of a combination basketball and tennis court with dimensions of 84 feet by 50 feet. The Conditional Use Permit permitting the free-standing church was originally approved by the City Council in 1997. In 2001 and 2005, City Council approved modifications to the church including the addition of daycare on the site. The 2005 Conditional Use Permit has one condition, which notes that all ofthe conditions ofthe 2001 Use Permit remain in effect. The 2005 Use Permit, and thus the 2001 Use Permit, requires that the site layout be in substantial conformance with the site plan approved in 2001. As the additional parking and outdoor tennislbasketball court was not shown on that plan, a modification of the Conditional Use Permit is required. In addition, a Conditional Use Permit for an outdoor recreational facility is required for the 84-foot by 50-foot combination tennis and basketball court. The proposed modifications are compatible with the adjacent residential neighborhood. No alteration to the exterior of the structure is proposed and there is ample area on the property for the construction of the proposed 35 additional parking spaces and the 84-foot by 50-foot combination basketball/tennis court. Also, an existing stand of mature trees located on the southeast comer of the site will remain intact, continuing to serve as a good buffer between the Item #5 & 6 Enoch Baptist Church Page 2 church and its related uses and the adjacent residential area. Therefore, we recommend approval of this proposal, and we have included it on our consent agenda. Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve items 5 and 6. Janice Anderson: A motion by Joe Strange. Second? Al Henley: Second. Janice Anderson: A second by Al Henley. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE 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 items 5 and 6 for consent. MOP~~f t~~~o]e Enoch Ba1Jl'Sl Church , - Il~~~~c ~~\~ ~ ~\~ Yu~~h~~~~ ii~" ~ ~, C;; ~~\~-1~~~ '~"r ~f1' P:>4~~~ ~p~~~~ ~~.A ~~(\ ~ ~ -----==~~~ ~ 'e.~___~~~~--='lJ~; {~ 1...) ~ ~ ~::x: ~"\. .:: ~ ~ --- ,,~~ '<;; ~.\;< ~~'1~ ~ ,) ~ ~ ..li.. lI!Il::: ~R-\O :j' ~ J o ,~~\' ..; ~ ~ \. -....JJ ~ ld\~ ,~ ~ '~~~~ -- .~ ,,~\ ~ i ~~ ~.~ \j ~ ~ i . jM\\! . l~ Ij~~ ~ ~~A =--- .\ r ~ ~ '-~~r7 .~~\~~. '\ ~l'~ . 1 .~\(O' ~~~i(,i~;~~~~ II ~ j Virginia Wesleyan College R-15 ::J c;::I n Modification of Conditions ,{~~:r.. ,~~& $' '.. t'\'~ (, - L ,~ -~.'; {\ !.. ~. ~.y "'Ol...."o... ........~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KATHERINE PENNINGTON, Conditional Use Permit, residential kennel, 3485 Head River Road. PRINCESS ANNE DISTRICT. MEETING DATE: December 1,2009 . Background: The applicant requests a Conditional Use Permit for a residential kennel for up to 20 dogs. The applicant currently cares for four to five dogs as part of a rescue operation for animals that have been abandoned and are awaiting new homes. The property is zoned AG-1 and AG-2 Agricultural Districts. The Zoning Ordinance allows four dogs without a Use Permit. . Considerations: The dogs are kept in a kennel at the rear of the single-family home located on the parcel. The kennel includes an enclosed structure, where the dogs will be kept at night, and a fenced area outside the structure, including several individual enclosures. The applicant cares for the dogs while new homes are sought, providing medical assistance to those who are brought to her sick or injured. Some dogs that are extremely ill, or for some other reason cannot be placed in a home, will be cared for permanently on the site. This Conditional Use Permit request is in keeping with the planning objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as a balance between the natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg.164). The applicant lives on a relatively large parcel in the rural area of the city. According to the Zoning Inspector for the area, the Police Department, and Animal Control, there have been no complaints pertaining to the dogs at this address. There was no opposition to this request present at the hearing. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following conditions: KATHERINE PENNINGTON Page 2 of 3 1. Within 30 days of City Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than 20 adult dogs (over six months of age) shall be kept on the property at any time. 3. Dogs shall be kept inside the kennel structure between the hours of 9:30 p.m. and 5:30 a.m. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. . 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 CItyManager:~ k ,'Q]6'OL MOl" F-G: 29 tl~ \1,:)1. t.~ S.,;ale " d CUP - R~,;d~"r;JI K~IlI..,1 REQUEST: Conditional Use Permit (residential kennel) ADDRESS I DESCRIPTION: 3485 Head River Road 10 November 12,2009 Public Hearing APPLICANT I PROPERTY OWNER: KATHERINE PENNINGTON ST AFF PLANNER: Leslie Bonilla GPIN: 13892297920000 ELECTION DISTRICT: PRINCESS ANNE SITE SIZE: 31.75 acres AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a residential kennel for up to 20 dogs. The dogs are part of a rescue operation for animals that are awaiting new homes. Some dogs that are ill, or for some other reason cannot be placed in a home, will be cared for permanently on the site. The property is zoned AG-1 and AG-2 Agricultural Districts. The Zoning Ordinance allows four dogs without a residential kennel license. LAND USE AND ZONING INFORMATION . Head River Road . Across Head River Road are rural residential dwellings and farmland I AG-2 Agricultural Districts . Farmland within Agricultural Reserve Program / AG-1 Agricultural District EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: KATHERINE PENNINGTON Agenda Item 10 Page 1 East: . Rural residential and farmland I AG-1 and AG-2 Agricultural Districts West: . Rural residential and farmland I AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND CULTURAL FEATURES: There is a wooded area along the south and western property lines. There does not appear to be any other significant environmental or cultural features on the site. IMPACT ON CITY SERVICES There are no significant impacts to City services. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The request for a Conditional Use Permit for a residential kennel is in keeping with the planning objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as a balance between the natural environment and human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg.164). The applicant lives on a relatively large parcel in the rural area of the city. According to the Zoning Inspector for the area, the Police Department, or Animal Control, there have been no complaints pertaining to the dogs at this address. CONDITIONS 1. Within 30 days of City Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than 20 adult dogs (over six months of age) shall be kept on the property at any time. 3. All animal waste shall be collected and disposed of in a lawful manner on a dailv basis. KATHERINE PENNINGTON Agenda Item 10 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. KATHERINE PENNINGTON Agenda Item 10 Page 3 , ' ~R\~ Of SI"t'E. \.OCA:nC \(A i\-\ERINE PENNING\< p..genda \tern pa~ "61,, ('J""~ , ~..~ ~ .'. ."..... WI"S4-M,M",""e.ll!.r-...J.l'IC" \ /~~--- ;1 }c----, 1 "'4 ( j ~ Ib I ?/y ~ , ,/ I) [~::1-._.. f -_.L~ I } ., 1 { ~"'1 i f ~ ,NIMMO! 1 ! 1 3~' [....,! f J : j~' IN' f ~ I....L~... j .. ~U-L~~" . . H:.l.' .~I"'t S7..J'f,......,.-r~~~...~~ ..';;;;:iX: .,~\ ...,is~.' ~. ~ ~ "'tti Illinti . !-leAf) ~ KIVE".e . . .eOAO '........a"'''''_tCIIII "'r..~E'" 1 ""'.- ......'yfJ)'Nl........",_ ::'..~_.....41._'_. 1>.. hILtl.""'R_ ,"'.4t..... 'WI ""'___.........'OId "'c _JIlJ............,.,._....,_n-r.,.... ~ '.,..1 UlIlf1"""""'. ......I~ .......tMI"-"..._n.tllCfof"J.a4....... ......a..L.~~J , u 1"NIft:1t. 's" ) 4"~ 1:0' t.",~"'''*~~~l'O.I :;(.#Jl,r~~OUQ PHYSIC"&.. SUR\I~Y ~"'A ,..,~....,...,~,., ~~......W1Q~bC,"C' U1tflT4IlW~ t NrS1lfN"~ 1ST S~~otAItisslt= C Ar.rlllfltn -:-'.,.""..... n...........___.... ItATIt~i!'IJK ~iAU4JtJTD4J ..-_..."'......"'~ -~...---.. __v~...........~ ~..~._.. ~-.a!.-'-!.L "._,~", JCM..l'''..' I'd ttOATDH. DOOO. "'.c. -.--................. ...-- ........ -~*~ ~..=...<;::'. 1-.;;:'''' 1(".'" PROPOSED SITE PLAN KATHERINE PENNINGTON Agenda Item 1 0 Page 5 PHOTOGRAPH OF SITE KATHERINE PENNINGTON Agenda Item 10 Page 6 Maps F-G: 20 Ma Not to Scale D A C:l . o t::. o PARPARP ARPARPARPARF- ARPAR PARP ARP ARP AAP ARP ARP ARP AAP P ARP ARP ARP lAP ARP ARP AAP AAP A P ARF ARP ARP ARP lRP ARP /l.RP ARP AR PARP ARP ARiliARP ARP ARP AAP AR P ARP ARP A RP ARP ARP AAP AAP PARPARPAR ARPARPARPARPARP P AIIP AAP AR AAP ARP AAP AAP AAP AR PAAP ARP ARP AAP ARP ARP ARP AAP AAP ARP P AAP A/lP ARP.lAP AIlI' ARP.lAP AAP ARP.lAP.I P ARF lRP ARP ARP ARPARP ARP ARP ARF ARP A P ARP ARP ARP AAP AAP AAP ARP AAP ARP AAP A ~::::~ :~~:~ ~~ :~~:::::~ ~~ :~~ A P ARP ARP ARPARP ARP ARP ARP AAP ARP AAP AAP AR P ARP ARP AAP ARP ARP ARP AAP ARP ARI' AAP AR CUP - Residemial Kennel # DATE DESCRIPTION ACTION 1 8-12-85 Conditional Use Permit (horse boarding) Granted 2 10-14-08 Subdivision Variance Granted ZONING HISTORY KATHERINE PENNINGTON Agenda Item 10 Page 7 ~ 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) Katherine Pennington 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 relationship with the applicant (Attach list if necessary) B"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 entity2 relationship with the applicant (Attach list if necessary) G:('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 v' If yes, what is the name of the official or employee and the nature of their interest? COnditional Use Perm.t Apphcallon Page 9 of 10 Revised 7/3/2007 z o I I 8 I I ~ ~ ea F-t ~ 8: ~ CI':) i:::::) ~ o I I F--4 I I 52 o u KATHERINE PENNINGTON Agenda Item 10 Page 8 z <=> I I ~ U I I .....:I =-- ea E--t ~ ~ =-- ~ ~ ;:::::> ~ <=> I I E--t I I ~ Z <=> u II 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) '{,,\(' \\~ 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 ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. .....,/". ~.)/;~ .' _ :, . Applicant's Signature o_ln\j e Property Owner's Signature (if different than applicant) . ) K.~ of' j' l . h--1 ! ,,'{ j'\ \. .., (' t Print Name Print Name Condlllonal Use Permit Application Page 10 of 10 Revised 7/312007 KATHERINE PENNINGTON Agenda Item 10 Page 9 Item #10 Katherine Pennington Conditional Use Permit 3485 Head River Road District 7 Princess Anne November 12, 2009 REGULAR Janice Anderson: The next matter is item 10. We will take a recess for 10 minutes. RECONVENE Janice Anderson: We're going to start up again. I'll have the secretary call the next matter. I think it is agenda item 10. Donald Horsley: Yes ma'am. Janice Anderson: Okay. Donald Horsley: The next matter is item 10, Katherine Pennington. An application of Katherine Pennington for a Conditional Use Permit for a residential kennel on property located at 3485 Head River Road, District 7, Princess Anne. Janice Anderson: Welcome ma'am. Katherine Pennington: Hello, I'm Katherine Pennington. I do live on Head River Road, and I have applied for a Use Permit. When I moved onto this property in 1986, there was a mother with four pups that had been abandoned there and were living on the edge of the woods. And from that time on, it seemed like there was always somebody that brought me something that needed medical care they couldn't afford, training they had been unsuccessful giving. Just a new home because, and in one case, the family was going to Japan. The dog was 9 years old. They didn't see any way that it could accept a new home. Certainly, it would not have survived well going to the ASCP A. So, I took the dog in, and did the best that I can to take care of any medical problems they have. Everything must be spayed and neutered before I will place it, all shots and everything. I work with Mount Pleasant Veterinary Clinic in Chesapeake. And, whenever possible, the dog is placed. With the economy the way it is, unfortunately, an animal that requires ongoing medical care is getting harder and harder to place at this expensive care. At the moment, I have a Rottwei1er that I have been trying to place for actually a couple of years now. It is a very nice dog but he has an eye condition. He requires regular visits to the Ophthalmologist. He has eye drops that he must have three times a day. The problem there is the cost of eye drops are over $200.00 a month for the dog. You can see why most people look at that and say, no, I don't think I could commit to that, especially in today's economy. So, I do have some older and sickly animals that reside on. But, the idea behind this was always that when a neighbor calls me and says, and this happened not at all long ago, I ran over my dog. I Item #10 Katherine Pennington Page 2 can't afford to take the dog to a vet, and he can't walk. It was three days ago. What can you do to help me? Well, I took the dog to the vet. I paid for his surgery, and then I found him a home where he could afford to give him the ongoing medication and care that he was going to require, which my neighbor was very happy that I was able to do that. It seems to go on. You know? It is not always my neighbor. Sometimes the Veterinarian Clinic calls me and says can you keep this dog for a few days to a couple of weeks while we look for a new home for it? The family who had it before can't keep it any longer, and we think it is a very good dog. It still has the life expectancy. We would like to try to give it a chance. Now, I would like to continue to do that. I have no intention of building anything else. I have no intentions of keeping a large number of animals. If anybody feels that any noise level that was unacceptable, they certainly have not mentioned it to me. I will do something about it. These dogs live primarily, we're talking kennel, and we do have four runs here. Primarily, the dogs live in the house, as they would in anyone's home ifit was their pets. And that is why these older dogs do better while I'm waiting to place them because they are placed in a home situation. An older dog doesn't usually do well to be taken away from people, placed in a cage with a lot of other dogs who have maybe never been exposed to other animals a great deal, especially not with noise and not a lot of human contact. I didn't realize there was any objection. I see there are three conditions. I understand those conditions. I'm very willing to abide by those. I've never had anyone, any report, to like the ASPCA, the pound, the animal control, or anything like that. There has never been a problem. Are there any questions that I can answer? Janice Anderson: Are there any questions at this time? Go ahead. Ronald Ripley: I guess the obvious question is I guess there is a noise issue more than anything else once they start barking and whatever at night and disturbing people. Is there any way you can control that? How would you do that? Katherine Pennington: Oh yes. I could close their doors. Even the four runs where the ones where I have unsuccessful housebreaking have outdoor access. I can put their doors in, and then I cannot believe anyone would be able to hear them. That building is insulated. Ronald Ripley: In the middle of the night, when they start barking or something, you'll get up and go take care of that? Katherine Pennington: Well, I can just close them in at night say 10:30 or 11 :00 at night and just shut their doors. They would be able to manage until the next morning, when I let them out. I do have one that barks if somebody pulls into my driveway. Even if they just pull in and back right out. Ronald Ripley: Mine does too. Katherine Pennington: It upsets him or the light when the hunting dogs come through or if somebody comes looking for their hunting dog and they're walking around the property. Ronald Ripley: Thank you very much. Item #10 Katherine Pennington Page 3 Janice Anderson: Are there any other questions for her? Donald Horsley: You don't ever plan on having more than 20 at one time? Katherine Pennington: Oh no. Donald Horsley: You very seldom have that many. Is that right? Katherine Pennington: Yes. I would really hope, since I'm getting older and older, that the economy would get better, and I'll be able to not have to care for so many animals. I do have an extra job to pay for their care; so, I would like to see it be no so many. Donald Horsley: My wife would have a fit if I didn't ask you. You haven't seen a little Boston Terrier in the area have you? Katherine Pennington: Oh no, is that your sign? I'll keep my eyes out, but no, I haven't seen it. Donald Horsley: It's been missing two weeks. Katherine Pennington: I saw the sign, and I do look. I always look. But if I see, I will call. I am always good about checking the callers and getting back. Donald Horsley: It's my mother-in-law's. Okay. Janice Anderson: Joe? Joseph Strange: Would you consider a few less dogs, and then maybe come back in a year if there weren't any problems? Katherine Pennington: If you feel that would be helpful. How many less would you be talking about? Joseph Strange: We're talking about some number, little fewer, and then say if there were no problems, maybe come back and increase it in a year. I'm just throwing it out. Katherine Pennington: I certainly could consider that. I never intended for this to grow. I just felt I needed to get this legal, because they're not moving to new homes the way you would hope, so you start getting more dogs. What really brought it up was somebody dumped three pregnant cats. One night they had all of these kittens. I took them in. I had them spayed and neutered and getting shots. I started getting things where I was supposed to pay the City Licenses and stuff on them. I'm like, "OK". That is fine, because it is very hard to place them. Then, they told me that I had too many animals. And I'm looking, yeah, they're right, I do, and I need to do whatever. That is when I called. Joseph Strange: I was just addressing some of the concerns of the opposition there. That was all. Item # 10 Katherine Pennington Page 4 Katherine Pennington: Okay. Janice Anderson: Are there any other questions? Okay, thank you ma'am. Are there any other speakers? Donald Horsley: No other speakers. I don't have anybody else registered anyway. Is there any opposition? Janice Anderson: No. I think she is with her. Go ahead Jay. Jay Bernas: Staff question. Did we ever get a distance? David Redmond: Yes, we did. Leslie Bonilla: Yes. The distance from the kennel to the front property line is approximately 125 feet, and the distance from the kennels to the nearest residential dwelling is approximately 400 feet. Janice Anderson: Any discussions or motions? David? David Redmond: I move for approval. Henry Livas: Second. Janice Anderson: Okay. We have a motion by David and a second by Henry for approval with the three conditions. Donald Horsley: She did say that she would try to help with any noise by shutting the dogs up. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved the application of Katherine Pennington with the three conditions. Item #10 Katherine Pennington Page 5 Janice Anderson: Thank you very much ma'am for coming down. Maps F-G: 20 Ma Not to Sc"le D D d ~ o it o PARPARP ARPARPARPARF- AWAR PAAP ARP ARP AAP ARP ARP AAP AAP PAAP ARP ARP AAP AIlP ARP ARP AAP A PARF',,"PARPARPlRP ARPARP ARPA PAAP AAP AR_P ARP ARP AAP AAP A PAAPARPA RPARPAAPARPARP PARPlRPAR lRPARPARPARPAAPA P iRP ARP AR" ARP ARP lRP ARP ARP AR PAAP ARP AIlP ARP ARP ARP lRPAAP AAP lAP PlAP AAP AftPAAPARPAftPAAPAAPAAPlAP" P ARF ARP ARP lRP ARP ARP ARP ARP iRF ARP A PAAP ARPARP lRP ARP lRP lAP AAP AAP ARP A" ~::: :~~ :~~ :~~ ~ :~.t~:::::: :~~ I P AAP ARP ARP lAP ARP ARP lRP ARP lAP ARP ARP A PAAPA RPlRPARP ARPARPAAPARPARPAflPl CUP - Residential Kennel CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FAITH CHRISTIAN MINISTRIES, INC. I ALBANO FAMILY LTD. PARTNERSHIP I, Conditional Use Permit, religious use, 305 Waverly Drive, Suite A. ROSE HALL DISTRICT. MEETING DATE: December 1,2009 . Background: The applicant requests a Conditional Use Permit to allow a religious facility (church) within an existing retail strip center. The church has occupied the space since 2005, unaware of the requirement for a Conditional Use Permit. The overall lease area for the church is 1,173 square feet. . Considerations: The applicant holds religious services on Sunday, from 9:00 a.m. to 1 :00 p.m. and Wednesday from 7:00 p.m. to 8:00 p.m. The church currently has about 45 members. The proposed church is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70 db DNL. Churches and related facilities are considered compatible; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. The use of this site for a church is compatible with the other uses within the shopping center and will not negatively impact any neighboring properties. The church has been in operation at this location since 2005 and the Zoning Office has received no complaints regarding the use. The Zoning Ordinance requires nine parking spaces for a church with 45 seats. The site has 19 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 19 parking spaces located are sufficient for this use and other uses within the retail strip center. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following conditions: FAITH CHRISTIAN MINISTRIES, INC. / ALBANO FAMILY, LTD. PARTNERSHIP I Page 2 of 3 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department I Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years. Since the Planning Commission, a property owner on the residential side of the street, opposite the church, has expressed a number of concerns regarding the current operation of the church. Staff recommends the following conditions as a means of addressing these concerns: 4. No buses, recreational, or other oversized vehicles shall leave the motor running while the vehicle is parked on the site. 5. No religious services or other church-related activities shall be permitted within the parking lot. All religious services or other church related activities shall be confined to the interior of the building. 6. The use shall be administratively reviewed in one year to ensure these conditions are being adhered to. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager:~)( ~~ CUP - Rdi8;Oll~ U~l' REQUEST: Conditional Use Permit (religious use - church) ADDRESS I DESCRIPTION: 305 Waverly Drive, Unit A 11 November 12, 2009 Public Hearing APPLICANT: FAITH CHRISTIAN MINISTRIES, INC. PROPERTY OWNER: ALBANO FAMILY, LTD. PARTNERSHIP I STAFF PLANNER: Leslie Bonilla GPIN: 14876087860000 SITE SIZE: 15,322 square feet (1 ,173 square feet lease area) AICUZ: 65 to 70 dB DNL Subarea 3 ELECTION DISTRICT: ROSE HALL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious facility (church) within an existing retail strip center. The church has occupied the space since 2005, unaware of the requirement for a Conditional Use Permit. The overall lease area for the church is 1,173 square feet. The applicant holds religious services on Sunday, from 9:00 a.m. to 1 :00 p.m. and Wednesday from 7:00 p.m. to 8:00 p.m. The church currently has about 45 members. The site has 19 parking spaces on the east and south sides of building. Sufficient parking exists on the site to accommodate the religious use and the other business in the center. No modifications are planned for the exterior of the building or site layout. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Retail strip center FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family homes I R-7.5 Residential District . Retail shops I B-2 Community Business District . Single-family homes I R-7.5 Residential District . Gas station I B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): South Plaza Trail is a two-lane minor suburban arterial roadway. This roadway is not designated on the City's Master Transportation Plan and there are no roadway-related Capital Improvement Program (CIP) projects planned for it. Victoria Drive and Waverly Drive along the side and rear of this site are two-lane local streets. These streets are not shown on the Master Transportation Plan Map and there are no roadway-related CIP projects scheduled on either street. TRAFFIC: Street Name Present Present Capacity Volume Generated Traffic S. Plaza Trail 10,500 ADT 1 15,000 ADT 1 Potential Land Use as Zoned 2 - 58 ADT Victoria Drive Unknown 9,900 ADT 1 Current Land Use 3 - 12 ADT weekdays; 48 ADT Waverly Drive Unknown 9,900 ADT 1 Sundays Average Daily Trips 2 as defined by 1,300 square foot specialty retail center 3 as defined by 1,300 SQuare foot church WATER & SEWER: This site is currently connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 2 protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The proposed church is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70 db DNL. Churches and related facilities are considered compatible; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. The use of this site for a church is compatible with the other uses within the shopping center and will not negatively impact any neighboring properties. The church has been in operation at this location since 2005 and the Zoning Office has received no complaints regarding the use. The Zoning Ordinance requires nine parking spaces for a church with 45 seats. The site has 19 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 19 parking spaces located are sufficient for this use and other uses within the retail strip center. CONDITIONS 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This Conditional Use Permit is valid for three (3) years. 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. FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 3 ~ _.~. -.-*;- :\io'.'" AER'AL OF S'TE LOCAT'ON FAiTH CHR\ST\AN M\N\STR\ES, \NC. Agenda item 11 Page 4 "" .;.. . . '1'::.... ~/ , (,J/Yt7'fi(' Ii", t '.... . $.~ \ ' , ~ 1<-' --~. -'f '.~ -"~"""~.."",.,,,, ~_, ,. ';:':'."'"M~'~;;~~'':''''''' ",,",'.'.'.,. __...., =_...__.._",.A,."'"""_........"'_..,J~""'" ~ "'" ~ ('\ { ,// -~.?t'~'~- . o_":.',,::_~ ~ ~ ~ . - .:3' - ",-""" " , \ >~ ~ ': ~ ~ r$' " ,/(fY/f?F~~L y L/~.P"c- /.4'Pc.cZ ':8~?;' REf,d/,J,L)/)?S'/&-+" .c::1,r ..P/PA""'C6.2: :.a ,. "'p~e'E.5'$ A##E /'2"A7?~ S'Ec/7a# / '" .' /~~~"~!.,,, "'/', ;,;.,; ,. ~ - z;:, " if',_. -7~' "" P I ~ 1 t .c:;<::; :7 SITE SURVEY SHOWING LOCATION OF UNIT FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 5 PHOTOGRAPH OF BUILDING FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 6 Map G-7 Faith Christian Ministries Inc MllO Not to Scale . ~ "1 , I.!..l r-- n Ua I~ u. I a. 1'4~ ~ Ef @ l~ . ,~. - [glal ~ ~J ~ ~~ =1 . B9 r G 11 == rl - ~ -. ~ '-m4"\ ~ ~ ,21 ~ &'<2"'~ .. :;..., I ~~ ~o;: ~l ~ 1! o lZ== ~ .. 1..- ~01 ~ ~l~ ~ ~Ol;' .~ ~~ ~l' \3' '- ----f ll~ ~flI r-~ ill 00 ~; "- WI I C [is ~~ lo'I. ~ 'G~J ~~ ~ !}6 '- ~:'l.. ~~~ ~ ll\..~ l' 'I.. \.. )... 1~05 ( ~ i. 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" - 005 \ ~ DOO5 ~ 'l {frI~<t'})..... ten "- ~\ CUP - Religious Use # DATE DESCRIPTION ACTION 1 9-28-93 Conditional Use Permit(church) Granted 2 7-14-09 Conditional Use Permit (automotive repair garage) Granted 1-13-09 Modification of Conditions Granted 5-25-99 Conditional Use Permit (automotive service station) Granted 3 7-10-89 Reconsideration of Conditions Granted 4-27 -89 Conditional Use Permit (automotive repair establishment) Granted ZONING HISTORY FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 7 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 list if necessary) ~\ th ~(I:J.O(1 It);l1s+r~~ TAlC) t'k-t'\l.J /.... rn.'fA'leo SP ~~to.) ~1'YlD~ Qb-Yma.., ~l~"2hJtL k);I/:""""ca '\)~.......... .J ) 2. List all businesses that have a parent-subSidiaryl 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 properly owner is different from applicant. If the property owner is a corporation, partnership. firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members. trustees, partners. etc. below: (Attach list if necessary) )( Fa,'/A (l~r'5-J. rlkJ 1)1",n,J'11~ ~c. K AsJLN" Uav: ,J L. m,tJ-d!..lI;:fr: 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 V If yes. what is the name of the official or employee and the nature of their interest? CondrtlOMl Use Pamut Application Page 9 of 10 Revised 7/312007 Z <:> I I ~ U I I I , ~ ~ F--t ~ bJ ~ ~ ~ ~ <:> I I F--t I I ~ Z <:> u FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 8 Z <:> I I ~ U I I ~ ~ ~ F-c ~ ~ ~ ~ ~ ~ ~ <:> I I F-c I I Q Z <:> u II 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) 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 ~ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 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 tesponsible 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 ~~ ~ (YJ:J;i4UX. ppli , t's Signature /.A, --' \ / / , \ ' 7J~l\I.d L. ,\t:h..~~~I~ Print Name hrnrS A /11/ l'(t1U ,) ~ Print Name / Conditional Use Pennll ApplicatIon Page 10 of 10 Revised 7/3/2007 FAITH CHRISTIAN MINISTRIES, INC. Agenda Item 11 Page 9 Item #11 Faith Christian Ministries, Inc. Conditional Use Permit 305 Waverly Drive, Suite A District 3 Rose Hall November 12, 2009 CONSENT Joseph Strange: The next matter is item 11. An application of Faith Christian Ministries for a Conditional Use Permit for a religious use on property located at 305 Waverly Drive, Suite A, District 3, Rose Hall, with three conditions. Janice Anderson: Welcome again. Pastor David Mitchell: Good afternoon. I'm Pastor Mitchell of the Faith Christian Ministries out there in the Lynnhaven Section on the Albano Family property. I have really no complaint about the conditions. I do agree, and I want to bring to your attention that it says that it has the parking space of nine areas. And when there is no business going, we have space for 19, and we normally just parking in there because there are no other people parking there at that time. I just wanted to bring to the attention that while we are doing the parking we just utilize that whole area because usually nobody is there. There have been no problems from them to now. I just maybe I would like to bring that out. Joseph Strange: Fine. Janice Anderson: Thank you. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Phil Russo to review this item. Phil Russo: Thank you Mr. Strange. The applicant requests a Conditional Use Permit to allow a religious facility within an existing retail strip center. The applicant holds religious services on Sunday from approximately 9:00 a.m. to 1:00 p.m. and on Wednesday evenings. The church currently has about 45 members. The site has 19 parking spaces for the building. Sufficient parking exists on the site to accommodate the religious use and the other businesses in the center. The proposed church is located in the vicinity of Rosemont Road and South Plaza Trail, and churches and related facilities are compatible with the area. The use of this site for a church is also compatible with other uses within the shopping center and will not negatively impact any neighboring properties. And based on the fact that the church has peak operational hours different from traditional business hours, and since the site's 19 parking spaces located are sufficient for the use, the Commission has determined to place this matter on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve item 11. Item #11 Faith Christian Ministries, Inc. Page 2 Janice Anderson: A motion by Joe Strange. Second? Al Henley: Second. Janice Anderson: A second by Al Henley AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved item 11 for consent. Map G-7 Faith Christian Ministries Inc Map Not to Scele . ~~ ~ J' LtJ -- r-t n UDI~ u. 6.J ~ " ~ et ..-- J ~ @ ~I' r.'- II · ~~I 00 t 1]l8~ G q Giit\ \. -:- 1\<::2 "t l . B9 O~I~ - ~1 == i=j1:7 CB ~YJilla I ~ " ~ it"~ :\' -T--'.~ _ Jj ~.- z= "" ~ 0- - o '."...' 00 \'\ O( ~~ I C ~~t "\~' .-.r l.l 6 ""\.1: 0l!I III " ll.(HL ...:J [j5 ~ I,:ur loll. . ~- ,,~~ [}, - " \... ~ " :.....n ~ J;;;3 ~~8~~'" 14 U.. "I].~ '1'"'1005 ' I 111....1 "" ,{ I'~ '~I 0 I F1REl.I 3 .. t ~ \."'trn .- 18,\ ~ n , ~CV>*"'~.~ =~< .E '" ,~ ~rA/I( .~ ~ '\.I ~ '" ,),.~ --~..J /8 ~t 1\;f!fP ^..c ~ \. \. \ IIIXL _ \."\ \. " \.~ -,:prAl ~:AI ~ .:: ...!ln3 , ~ 'OO~ \. ::::I C-I l~ .~~ TRAIL :'" "\I.l't. ~ ~~ [7"\ - DC: 1 L r.:: , \ DIg ~ "-' r ~ ~ r\tn~l ~,\l b-~ ~ 1~4 .~, I~ an \'e [f ~- < - j~ \ ~ ~ r " " ~ ~~~ " iDY, 00 ~ ;" "\... \. A,i .... -"'\'_ \. -'" 011 1.3 - ~!f ~ ()DJ ~diVU'-\~~~ ~ ~ ~ U~ l> I I L"'1S -" '1' '\ R- 7 -J- ~~~..~. o,,~ "tri ~ i\; :: ~~ \3_ \}04 "" ^ \ ' IBI\ 1m f"l. CI 'ii' - /\n l\ mOO5 I ~ /1 {J~,,- ~ \ ~ - "~,, " CUP - Religious Use ~~.." ~c. ... "~a, ft. 'j-~ \~, !'1 II} l.,"~~.~ ~~.",~"""."""f -........,...,-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KIMBERLY VAKOS I CNJ ENTERPRISES, INC. TIA PAUL'S AUTO SERVICE, Conditional Use Permit, motor vehicle sales, automobile repair garage and bulk storage, 128 Happy Street. ROSE HALL DISTRICT. MEETING DATE: December 1,2009 . Background: A Conditional Use Permit for motor vehicle repair and bulk storage was approved for the subject site on January 25, 1994. The applicant is now requesting an additional Conditional Use Permit to allow sales of a maximum of five motor vehicles. . Considerations: According to the applicant, most of the sales will be to existing customers in search of a vehicle due to repair of their existing vehicle being cost-prohibitive. The motor vehicle sales will be a secondary use on this site; the automobile repair business will remain the prominent use. The Bonney Road corridor consists of a mix of moderately dense residential and nonresidential uses. Since automobile related uses have been on the site for more than 20 years, and the applicant anticipates no more than five cars offered for sale at one time, Staff concludes that the modification is acceptable as long as the use does not negatively impact the surrounding residential properties. The conditions recommended below are intended to improve the compatibility of the existing use and the motor vehicle sales with the residential use in the area. Additionally, in an effort to improve the appearance of the property, a condition is recommended that requires the installation of landscaping along the northern portion of Happy Street. 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 conditions: KIMBERLY VAKOS / CNJ ENTERPRISES, INC. Page 2 of 3 1. In addition to the conditions listed below, all of the conditions attached to the Conditional Use Permit granted by the City Council on January 25, 1994, shall remain in effect. 2. No more than five motor vehicles shall be displayed for sale on the property at any given time. 3. Evergreen shrubs, installed four feet on center, shall be installed along Happy Street the entire length of the northern parking area depicted as such on the plan entitled, "Conditional Use Permit Exhibit and Physical Survey, Parcel A." 4. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No outside paging system shall be permitted. 8. No parking or storage or display of any vehicles for sale or awaiting repair or vehicles that have been towed to the site shall be permitted in the right- of-way. 9. Pennants, balloons and banners shall be prohibited from the site. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentJAgy~cy: Planning Departmen~ City Manager: ~\ /L.~ 7 November 12, 2009 Public Hearing APPLICANT: KIMBERLY VAKOS \ \ B-2' [3] \_- ;j,A/ - .- PROPERTY OWNER: CNJ ENTERPRISES, INC. Moe/Wedl/on of (onditlo.7; - ddd Auto Sd/~s STAFF PLANNER: Carolyn AK Smith REQUEST: Modification of a Conditional Use Permit for an auto repair garage and bulk storage that was originally approved by City Council in 1989. A modification to the conditions of that Use Permit was approved in 1994. The applicant requests modification of the Conditional Use Permit to add auto sales to the auto repair garage and bulk storage. ADDRESS I DESCRIPTION: 128 Happy Street GPIN: 14872383280000 ELECTION DISTRICT: ROSE HALL SITE SIZE: 1 .205 acres AICUZ: Less than 65 dB DNL The applicant requests modification of the Conditional Use Permit to allow motor vehicle sales, limiting the request to no more than five (5) vehicles. According to the applicant, most of the sales will be to existing customers in search of a vehicle. The motor vehicle sales will be a secondary use on this site; the automobile repair business will remain the prominent use. SUMMARY OF REQUEST LAND USE AND ~ONING INFORMATION EXISTING LAND USE: Motor vehicle repair garage and bulk storage KIMBERLY VAKOS Agenda Item 7 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: . Offices I B-2 Community Business District . Townhouses I A-12 Apartment District . Motor vehicle sales I Conditional B-2 Community Business District . Duplex and townhouse residential I A-12 Apartment District West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. There do not appear to be any significant environmental features on the site, as it is almost entirely impervious. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Happy Street is a two-lane undivided local street. Bonney Road is a four-lane undivided minor urban arterial. There are no CIP projects planned for either roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Bonney Road 14,485 ADT 14,800 ADTT(Level of Existing Land Use L -357 Service "CO) - 27,400 ADT ADT 1 (Level of Service Proposed Land Use 3 - 397 "E") ADT Average Daily Trips 2 as defined by existing automobile repair garage and bulk storage 3 as defined bv addition of automobile sales WATER & SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Recommendation: The request to modify the current Conditional Use Permit for automobile sales is recommended for approval, as conditioned below. Comprehensive Plan: This property is located in Strategic Growth Area # 5 (North Rosemont Road Area). The Plan's policies recommend that this area be transformed from its current suburban commercial land use pattern to one that provides a more balanced mix of urban residential and commercial uses. KIMBERLY VAKOS Agenda Item 7 Page 2 Evaluation: The Bonney Road corridor consists of a mix of moderately dense residential and nonresidential uses. Since automobile related uses have been on the site for more than 20 years, and the applicant anticipates no more than five cars offered for sale at one time, Staff concludes that the modification is acceptable as long as the use does not negatively impact the surrounding residential properties. The conditions recommended below are intended to improve the compatibility of the existing use and the motor vehicle sales with the residential use in the area. Additionally, in an effort to improve the appearance of the property, a condition is recommended that requires the installation of landscaping along the northern portion of Happy Street. CONDITIONS 1. In addition to the conditions listed below, all of the conditions attached to the Conditional Use Permit granted by the City Council on January 25, 1994, shall remain in effect. 2. No more than five motor vehicles shall be displayed for sale on the property at any given time. 3. Evergreen shrubs, installed four feet on center, shall be installed along Happy Street the entire length of the northern parking area depicted as such on the plan entitled, "Conditional Use Permit Exhibit and Physical Survey, Parcel A." 4. No outside storage of equipment, parts, or materials shall be permitted. 5. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No outside paging system shall be permitted. 8. No parking or storage or display of any vehicles for sale or awaiting repair or vehicles that have been towed to the site shall be permitted in the right-of-way. 9. Pennants, balloons and banners shall be prohibited from the site. KIMBERLY VAKOS Agenda Item 7 Page 3 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. KIMBERLY VAKOS Agenda Item 7 Page 4 AERIAL OF SITE LoeA TION KIMBERLY VAKOS Agenda Itep1 7 Page 5 ,; il II w, ~. ~ lili~ II =. ~ I, 1~ II. I i" J! I Ii,,!!: i;i,fll ",.1 i.l. '"Ii i t!1 1'1 "IS ~~f 'i in iil Iii Iii I.~ tl~ l:~5 w" III! Iii htn~ ., "J ". !~ ~cl"~j~ ~""i~': ~~3sa~ ~3~~~ lt~~ - all ss €J - i " ,A1..ot.&v ~ .o<i~l 1...._........~...._.. .. t i ...x !I x I' tl tf !l t % ~i~; %I:... ~"'{!. '" .Is ;,. ! i I "..,.--.---. , i I f ., 13" i f ~.. ",!i ~~ . I \ ,I " '. '-. i I \ / 1 a \ \ \ . I I I I...... ;t n I . i ~ ...-~~-~...- 1111. , >..--." t\~__.*._.- L.l S'il Ii ~ it I I it 1<:1 ,.!l I lel..lll. I~I ~~ J 1111t!'3.. illS .. I ~rl"; i ~ !. i I, (t) ~3 t lR Ii f tf "Iiii' J ~~ ,..:. II~~ '-I I ,""Ill "II . a: i . .. ~II ~, t;t ~ "i~ &iu Iii i~ t i l: 'b _I ~ '" lilt ti /"~t. ~I II .\ \ t I 1 fr I I ~J It* PROPOSED SITE PLAN li ,I tl , 'ir ..: il .. .. lil CWOI J.JMNOI KIMBERLY VAKOS Agenda Item 7 Page 6 ~:~!i <~ r-: ~~-=- ac= ( ~~- ~.~~~ ~ 1"\ ~ ..; ~ ::t~\t '- ~~ . ~ / --- ~\\ l [}J~ I\~ . - :-tr.\~ ~,;' "- \i~ ~....~; ~:,.:_: _~fl .~ J~\\ ~~~Il . iC\\1\~~~' .~ ~:- lU ~~\r tJ ~~ ~\" \' - ,l,.. I ':, II r7~. LLY t1:i: Map F-07 Map Not to Scola ~ I~, ~~<O~~~ \\ U 'I: c: '- LI a ! "- "'l .J1IRGINIA ;;;;!;;; I \ 1 pOL -'"") ----.., ~ I~~~ Kimberlv Vak ~,: r/~D~ 1(t1..1 BE~ _ R1vn -' OS \:I - I\. - - LB-2 .-.- "- ~ .- ....."..,"Il '~l\ 1- iJ I-- t--;:. J - rl rJ,2 -I~ _~::l \~ !-' ,t-~ ....[ ::;: ~ BI)...Nf.l' ROJD --s. ~ Ii 0 ool.-...n ,--0 -- :.. CJ IP" ~;, -I-a II" ...\.-.,....,.- ,t1" C . .JIoiIiII - :;::.." r-- B-2 CJ] p""'l ~ ~ .Il.l~~~ " .... - '..:" . a.- ..., """ -H 3 B-2 CJ] .~ ~ ~~ Mudification of Conditions - add Auto Sales 1 06/09/09 CUP (Indoor Recreation Facility - karate) Granted 08/12/08 MOD Granted 01/11/05 CUP (church) Granted 01/13/98 CUP (furniture showroom & truck rental) Granted 12/14/87 Change of Zoning (1-1 to B-2) Granted 2 02/10/04 CUP (pet crematory) Granted Change of Zoning (A-12 to R-7.5) Granted 3 12/14/04 CUP (automotive repair garage) Granted 03/25/03 CUP (motor vehicle sales) Granted Change of Zoning (1-2, 1-2 & B-2 to Granted Conditional B-2) 4 OS/23/01 Street Closure Granted 5 04/09/96 CUP (mini warehouse) Granted ZONING HISTORY KIMBERLY VAKOS Agenda Item 7 Page 7 II DISCLOSURE STATEMENT II z <=> APPLICANT DISCLOSURE I I 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) \l..\"^~;\'1 ~~ CO~~-\- /OW"-fJ/ I I ~Lu ~ . \- ......:I 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 ~ relationship with the applicant: (Attach list if necessary) ~ 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or E-t other unincorporated organization. I I ~ 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 g: 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) \L~N'\~t'~ ~.V~~~ ~(IT~) C)J~ ~^~(~~ .!. - - .Y ...... ""::I::- ~.\-uQr-~ 1). LC\.~^\- UN} { }J3 e^~/p"~~ 2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2 ;::::J 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 I I & See next page for footnotes Does an official or employee of the Cj!Y 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? E-t I I ~ Z <=> u Conditional Use Pennil Application Page 9 of 10 Revised 7/3/2007 KIMBERLY V AKOS Agenda Item 7 Page 8 z o I I ~ U I I ~ =-- ~ f--t ~ ~ =-- ~ ~ ~ ~ o I I f--t I I ~ Z o 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) c)c~ \ 'up ~(\f €"fr", ~ E.r\J",e-er~ 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 ~ 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 ow ner 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 relations hip between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in thiS package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application \J~L(R UC\~~ Applicant's Signatur~ K\('{\~ A. Vc>I'6\ Print Name .. Property Owner's Signature (if different than applicant) Print Name CondItional Use Permit ApplicatIOn Page 10 of 10 Revised 7/312007 KIMBERLY VAKOS Agenda Item 7 Page 9 I Item #7 Kimberly Vakos Conditional Use Permit 128 Happy Street District 6 Beach November 12, 2009 CONSENT Joseph Strange: The next matter is item 7. An application of Kimberly Vakos for a Conditional Use Permit for motor vehicle sales, repair and bulk storage on property located at 128 happy Street, District 3, Rose Hall, with nine (9) conditions. Kimberly Vakos: Hello. Good afternoon. My name is Kimberly Vakos. I thank you for placing this application on the consent agenda. As I put in the application, we wanted to be able to sell motor vehicles sales as the previous owner Paul Sutton did when we bought the business from him in 2000. We're an auto repair facility. We just wanted to be able to sell vehicle as he did. We don't want to change the scope of the business in any way. We just want to be able to provide another service to our customers. I do understand the conditions and agree to them. Joseph Strange: Okay. Thank you very much. Is there any opposition to this item being placed on the consent agenda? If not, the Chairman has asked Phil Russo to review this item. Phil Russo: Thank you Mr. Strange. The applicant requests a modification of Conditional Use Permit to allow auto sales to the auto repair garage and bulk storage facility, which is currently in place. The applicant intends to limit the sales to no more than five vehicles. And according to the applicant, most of the sales will be to existing customers in search for vehicle, and the repair business and storage facility will remain as the prominent use of the property. The Bonney Road corridor where the property is situated is a moderately dense residential and non-residential area. The automobile related uses have been on the site for more than 20 years, and the staff feels that the additional sale of five cars would not impact the surrounding residential properties. The staff has also recommended certain conditions that are intended to improve the capability of the existing use with motor vehicle sales with a residential use in the area. Based on that, the staff has recommended and the Commission has also recommended that this be placed on the consent agenda. Joseph Strange: Thank you Phil. Madame Chairman, I make a motion to approve item 7. Janice Anderson: A motion by Joe Strange. Second? Al Henley: Second. Janice Anderson: A second by Al Henley. Item #7 Kimberly Vakos Page 2 AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, with the Board has approved item 7 for consent. II Map F-07 Map Not to Scale IU= I>Y ~.~~~-" ~ "" II~ p : ~I a - I <J! "'- ""! 'J:: J11RGINIA ~ h. I-J U t....~....., ~ Kimberlv Vakos --.1 \~r/N lllI9J ~ IIJ1..1 \.1 BE~ _ Rl.vn ~ I ~~ '- L B-~ ~ ""' "1:1_1 ~ '-- - :.. ~...- - . ~ -;= J -'-" Jl,o,w - j,- ,......, (., -, (F=--- :'i B/)"N.:! - ~;oa n \.-> ~ !S= __ ~ =~ cc-;J l~ ~~ _~ ~~... ig1P~ f-'I R I ~ ..JII'._,- 1J..:~' I-- ." . ~ ~ ~I~ ~ ,I: ~ '~.g. ~j~ / ...K".II" 'I"lfi \';\'-' ~l>oll":3 1:S ~ ~ . .., J~\P;_~ ti 1', ~ , ~;::rl-;L. ~ ~ IT\, III ~~ _ ::. .~. l~\ tJJ I~ ~ 1) ,-\;; "'T :::_~} ?' _~D~::I ;: 8 ~~.~ jj ~ ~I':"II:;: ~ L - ,l,.; "I. \- - -u.. "tl!i- 10PI a ,I 0 M......oI! "I=-F Mudification uf Cunditiuns - add Auto Sales ___ .-01 ., , ~--1 T~\\ n 2 ~ ~ ~0 B-2 [3) ~ ~~ ~" .t:~.!1;r'~~~~ f{ <"'t\)\ <. - t.) \~,,_., II) %. ~.{I ~:.:.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHILSAND INVESTMENTS, INC., Chanae of Zonina District Classification, 0-2 Office District to Conditional B-2 Community Business District, 6044 Providence Road. KEMPSVILLE DISTRICT. MEETING DATE: December 1, 2009 . Background: The applicant proposes to change the zoning of the property from 0-2 Office District to Conditional B-2 Community Business District. The applicant is requesting this rezoning because the property was purchased to construct a dental laboratory and office building. The applicant obtained all required permits to construct an office building; however, when the City became aware of the applicant's intention to locate a dental laboratory on the site, the applicant was informed that the current 0-2 Office zoning does not allow dental laboratories. Thus, the applicant requests this rezoning to B-2 Community Business, which will allow manufacturing of dental implants to occur within the building. . Considerations: The proposed proffers of the rezoning limit allowable uses on the site to approximately 10 land uses, rather than the full list of 80 uses that are otherwise allowed within the B-2 Community Business District. This allows for only low- intensity business and office uses that are not expected to require more parking than is available on the site. A list of proposed uses to be permitted on the site is provided in Proffer 4 on page 3 of the attached staff report. This request to rezone the property from 0-2 Office District to Conditional B-2 Community Business for the purpose of allowing a dental lab and low-intensity commercial uses is appropriate and is consistent with the Comprehensive Plan recommendations for the area. The other uses proposed in Proffer 4 are compatible with the adjacent residential, office, and business community. There is sufficient parking on the site for the uses allowed by the proffers. There was no opposition to this request. PHILSAND INVESTMENTS, INC. Page 2 of 3 . 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, as proffered. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City M.n.ger~ l \ 0zJ~ 3 November 12, 2009 Public Hearing APPLICANT I PROPERTY OWNER: PHILSAND INVESTMENTS, INC. STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Chanae of ZoninQ (0-2 Office to B-2 Community Business) ADDRESS I DESCRIPTION: 6044 Providence Road GPIN: 14565338010000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 24,980square feet AICUZ: Less than 65 dB DNL The applicant proposes to change the zoning of the property SUMMARY OF REQUEST from 0-2 Office District to Conditional B-2 Community Business District. The applicant is requesting this rezoning because the property was purchased to construct a dental laboratory and office building. The applicant obtained all required permits to construct the office building; however, when the City became aware of the applicant's intention to locate a dental laboratory on the site, the applicant was informed that the current 0-2 Office zoning does not allow dental laboratories. Thus, the applicant requests this rezoning to B-2 Community Business, which will allow manufacturing of dental implants to occur within the building. The proposed proffers of the rezoning limit allowable uses on the site to approximately 10 land uses, rather than the full list of 80 uses that are otherwise allowed within the B-2 Community Business District. This allows for only low-intensity business and office uses that are not expected to require more parking than is available on the site. A list of proposed uses to be permitted on the site is provided in Proffer 4 on page 3 of this report. PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 1 I LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office Building SURROUNDING LAND USE AND ZONING: North: South: . Single-family dwellings I R-10 Residential District . Providence Road . Retail shops I B-2 Community Business District . Woodstock Elementary School I R-10 Residential District . Daycare I 0-2 Office District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): Providence Road in front of this site is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 130-foot right-of-way. Currently, this segment of Providence Road is functioning over capacity at a level of service E. There are no CIP projects slated for this section of roadway. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Providence Road 24,555 ADT ' 22,800 ADT ' Existing Land Use of. - 188 ADT Proposed Land Use 3 - 172 ADT Proposed Land Use 4 - 314 ADT , Average Daily Trips 224,980 square feet of floor area zoned 0-2 35,472 square feet of floor area devoted to a dental lab 424,980 souare feet of floor area zoned 8-2 WATER & SEWER: The site is already connected to the City water and sewer system. The impact of this zoning change is negligible. PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 2 Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this site as part of the Primary Residential Area. The Comprehensive Plan policies reinforce the suburban characteristics of commercial centers and other non- residential areas. The Plan states that: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities." Evaluation: This request to rezone the property from 0-2 Office District to Conditional B-2 Community Business for the purpose of allowing a dental lab and low-intensity commercial uses is appropriate and is consistent with the Comprehensive Plan recommendations for the area. The rezoning would allow a dental laboratory and a limited number of other uses. Staff finds that the other uses proposed in Proffer 4 are compatible with the adjacent residential, office, and business community. There is sufficient parking on the site for the uses allowed by the proffers. As currently developed, the eastern property line does not meet the residential buffer requirements for the B-2 Community Business or 0-2 Office districts when such districts are adjacent to Residential zoning districts. Mitigating the lack of such a buffer, however, is an existing buffer on the site to the east, Woodstock Elementary School, which sufficiently screens the school building from the proposed use. In regard to the notation in this report that Providence Road is currently functioning over-capacity, Staff concludes that the limited uses proffered for the site will have a minimal impact on the existing service level of the roadway and should not significantly alter traffic flow. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (g107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed substantially as shown on the exhibit entitled "AS-BUILT SURVEY OF PROVIDENCE ROAD OFFICE BUILDING 6044 PROVIDENCE ROAD, VIRGINIA BEACH, VA", dated June 1, 2009, prepared by Meridian Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As-Built Survey"). PROFFER 2: The exterior of the building designated "2-STORY MASONRY OFFICE BUILDING" on the As-Built Survey PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 3 II shall be substantially similar in appearance to the Photographic Exhibits entitled "PHILSAND DENTAL LAB". dated July 28,2009, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: All outdoor lighting shall be shielded. deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4: The Property may only have one or more of the following land uses: a. Business Studios, offices and clinics; b. Medical and dental offices and clinics; c. Medical laboratories; d. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; e. Financial Institutions; f. Museums and art galleries; g. Beauty shops and barbershops; h. Antennas, building mounted; i. Public buildings and grounds. No other land uses, otherwise permitted under Section 901 of the Zoning Ordinance of the City of Virginia Beach, Virginia shall be permitted to operate on the Property. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they restrict allowable uses to those that are compatible with the surrounding community. The first two proffers prevent any reduction of quality in the already constructed development. Any future modifications to the building will require a modification to the proffers of this zoning change. The City Attorney's Office has reviewed the proffer agreement dated July 28, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning are valid. PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 4 AERIAL OF SITE LOCATION PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 5 J ~ I F-~ ~& "t c ~ \ ~ I ?\ 1) , ~ \\ <..'"J \ 'r? ^-..... - ..~ ". ~....... "'l:;~ .. ~'. tlf f4 ~~ ~"'" I -, .".. .,'ii.,. Illt'i':t~ ^ ~"'-!!!;.r Pli>O\1 (Jb' c.. ~.~j.l :\p t ......i'. ~.....t~__ ~""'040 ~...I f t!l w:f "d'~' ~~ IeAt.t. ~... xr --~N~~r~- PROPOSED SITE PLAN PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 6 PHOTOGRAPH OF BUILDING (view from northern property line) PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 7 Ii Conditional Zoning Change: from 0-2 to Conditional B-2 # DATE DESCRIPTION ACTION 1 3-21-83 Zoning Change (R-5 to B-2) Granted 11-8-82 ZoninQ ChanQe (R-5 to B-2) Denied 2 8-25-92 Conditional Use Permit (church) Granted 3 9-23-03 Conditional Use Permit (church) Granted 4 2-10-04 Modification of Conditions Granted 3-11-03 Conditional Use Permit (mini-warehouse) Granted 2-25-01 Conditional Use Permit (mini-warehouse) Granted 5 10-10-00 Conditional Use Permit (church) Granted 6 4-14-98 Conditional Use Permit (small engine repair) Granted 1-27 -98 Conditional Use Permit (church) Granted 7 4-8-03 Modification of Conditions Granted 7-2-02 Zonina Chance Granted ZONING HISTORY PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 8 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) Philsand Investments, Inc.: Phillip Olson, President; Sandrine Olson, Secretary 2. list all businesses that have a parent-subsidiary1 or affiliated business entitl 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 properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. list all businesses that have a parent-subsidiary1 or affiliated business entitl 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 Conditional Rezoning Application Page 11 of 12 Revised 9/1/2004 ",. o I I ~ U I I ~ ~ ~ t.:) Z I I Z o N ga ~ o I I f-c I I ~ Z o u PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 9 ~ o I I ~ U I I ......:1 ~ ~ t.:) Z I I Z o N ~ ~ o I I f-4 I I ~ Z o 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) Sykes, Bourdon, Ahern & Levy, P.C. Meridian Associates, Inc. 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 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. Code 9 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 pro~rty at least 30 days prior to the scheduled public hearing according to the instructfons in this package. Philsand Investment,$, 'Inc. By: / 1, L~ ~- Phillip Olson, President Applicant's SignatUfe .../ Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Page 12 of 12 ReVised 9/1/2004 PHILSAND INVESTMENTS, INC. Agenda Item 3 Page 10 II Item #3 Philsand Investments, Inc. Change of Zoning District Classification 6044 Providence Road District 2 Kempsville November 12,2009 CONSENT Janice Anderson: The next group of items that were going to address are those matters that have been placed on the consent agenda, and our Vice Chairman Joe Strange is going to handle that section for us. Joseph Strange: Thank you Jan. Today, we have eight items on the consent agenda. The first matter is item 3. An application of Philsand Investments, Inc. for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 6044 Providence Road, District 2, Kempsville, with five proffers. Michael Levy: Thank you. Madame Chairwoman, Commissioners, I'm Michael Levy with the law firm of Sykes, Bourdon in Virginia Beach. Thank you for placing this item on the consent agenda today. Of course, we are in support with the proffers. Janice Anderson: Thank you. Joseph Strange: Thank you. Is there any opposition to this item being placed on the consent agenda? The Chairman has asked Henry Livas to review this item. Henry Livas: The applicant is requesting this rezoning because the property was purchased to construct a dental laboratory and office building. However, when the City became aware of the applicant's intention to locate a dental laboratory on the site, the applicant was informed that the current 0-2 Office zoning does not allow dental laboratories. Thus, the applicant requests this rezoning to B-2 Community Business, which will allow manufacturing of dental implants to occur within the building. The proposed proffers of the rezoning limit allowable uses on the site to approximately 10 land uses, rather than a full list of 80 uses that are otherwise authorized within the B-2 Community Business District. This limited use should ensure adequate parking and minimal impacts on existing roadways and traffic flow. Therefore, we recommend approval of this rezoning request, and have placed it on our consent agenda. Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve item 3. Janice Anderson: A motion by Joe Strange. Second? Item #3 PhiIsand Investments, Inc. Page 2 Al Henley: Second. Janice Anderson: A second by Al Henley. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT ABSENT Ed Weeden: By a vote of9-0, the Board has approved item 3 for consent. II D Conditional Zoning Change: from 0-2 to Conditional B-2 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7559 DATE: November 23, 2009 FROM: Mark D. Stile~\..~ B. Kay WilSo~ DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application; Philsand Investments, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 1, 2009. I have reviewed the subject proffer agreement, dated July 28,2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen /' PREPARED BY: RIB SWI:S. ROURDON. m AHI:RN & LfVY. P.c. PHILSAND INVESTMENTS, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of July, 2009, by and between PHILSAND INVESTMENTS, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, with improvements thereon, containing approximately 24,980 square feet as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from 0-2 Office District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1456-53-3801 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: nB STIIS. ROURDON. m AlIrnN & UVY. P.c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "AS-BUILT SURVEY OF PROVIDENCE ROAD OFFICE BUILDING 6044 PROVIDENCE ROAD, VIRGINIA BEACH, VA", dated June 1, 2009, prepared by Meridian Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "As-Built Survey"). 2. The exterior of the building designated "2-STORY MASONRY OFFICE BUILDING" on the As-Built Survey shall be substantially similar in appearance to the Photographic Exhibits entitled "PHILSAND DENTAL LAB", dated July 28, 2009, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. The Property may only have one or more of the following land uses: a. Business studios, offices and clinics; b. Medical and dental offices and clinics; c. Medical laboratories; d. Laboratories and establishments for the production and repair of eyeglasses, hearing aids and prosthetic devices; e. Financial institutions; 2 PREPARED BY: lIB svn:s. ROURDON. m AIIillN & liVY. P.c. f. Museums and art galleries; g. Beauty shops and barbershops; h. Antennas, building mounted; 1. Public buildings and grounds. No other land uses, otherwise permitted under Section 901 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia shall be permitted to operate on the Property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 Community Business and 0-2 Office Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia 3 PREPARED BY: gm SW[S. ROURDON. m AufRN & LM. P.C Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 II PREPARED BY: am SYKIS. ROURDON. m Am:RN & 1M. P.c. WITNESS the following signature and seal: Grantor: I Philsand Investment~, Inc;, a ~a corporation By: .j C V' (SEAL) Phillip,{)lson, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 30th day of July, 2009, by Phillip Olson, President of Philsand Investments, Inc., a Virginia corporation, Grantor. My Commission Expires: Notary Registration No.: August 31, 2010 192628 5 II PREPARED BY: 1mB SY1(I:S. ROURDON. DI AlII:RN & lM. P.c. EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, situate in the Kempsville Borough - Virginia Beach, Virginia, located on the north side of Providence Road, known as Lot A-6-1 as shown on that certain plat entitled "RESUBDIVISION OF LOTS A-4, A-5 & A-6 GULBRANSON ESTATE DEED BOOK 2494, PAGE 840 KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by Waterway Engineering, Ltd., dated May 2, 1986, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2510, at Page 1464. GPIN: 1456-53-3801 ConditionalRezone/Philsandlnvestments/Proffer 6 II .{(~61 ~\ ~~:p L' ... "",~jJ' -............~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - City Zoning Ordinance Amendment Pertaining to religious uses in the 1-1 and 1-2 Industrial Districts MEETING DATE: December 1,2009 . Background: An Ordinance to amend Section 1001 of the City Zoning Ordinance Pertaining to Religious Uses in the 1-1 and 1-2 Industrial Zoning Districts. . Considerations: This item was advertised for the December 1 City Council meeting under the assumption that the Planning Commission would act on this amendment at their November 12, 2009 public hearing. The Commission, however, deferred action until their December hearing. Thus, the City Council cannot act on this item, as there is no recommendation from the Planning Commission. . Recommendations: No action necessary. Recommended Action: No action. Submitting Department/Agency: Planning Departmen~ City Manager:~ k ' O&~ M. 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 II N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** City Council Sessions December 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 *********** Agenda 12/1/09st WWW.Vb2ov.com