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Home My WebLink AboutOCTOBER 26, 2010 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District 1 BARBARA M HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 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 OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 26 OCTOBER 2010 I. CITY COUNCIL'S BRIEFING -Conference Room - A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Wanda Cooper, Chair Amma Guerrier, Financial Counselor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. - ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE7 VIRGINIA BEACH, VIRGINIA 23456-800' PHONE. -(757) 385-430:' FAX (757) 385-5669 E-MAIL: Ctycnc1@vbgov.cont 4:30 PM 5:OOPM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Terry Shuttlesworth Dominion Christian Center 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 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. TASK FORCE 2 RECERTIFICATION Urban Search and Rescue Team October 12, 2010 I. PUBLIC HEARING 1. FY 2010-11 AMENDMENT TO THE CITY'S CAPITAL BUDGET re VDOT's safety and capacity improvements J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Section 23-43.2 to the City Code re Nighttime Use of City Parks 2. Ordinances to ACCEPT and APPROPRIATE: a. $2.8M from the fund balance of the General Fund to the Risk Management Internal Service Fund re insurance premiums and self-insurance claims b. School Operating Budget and additional funding for various capital projects (Reversion Funds): (1) $2,555,000 for Pupil Transportation category re bus replacement (2) $11,248,211 to the School Reserve Special Revenue Fund re anticipated Operating Budget shortfall in state and federal revenue (3) $162,800 to the Instructional category re purchase of classroom furniture, tools and equipment (4) $31,000 to the Operations and Maintenance category re purchase of 2,000 replacement portable radios (5) $28,000 to the Administration category re Diversity Youth Ambassadors Leadership training (6) $312,100 to the School Technology Category Special Revenue Fund to purchase replacement computers (7) $350,000 to the Pupil Transportation Maintenance Service Facility (8) $250,000 to Renovations and Replacements, Various, Phase II — replace auditorium seats at Green Run High School C. $3,600 from the U.S. Department of Homeland Security to the Fire Department's FY 2010-11 Operating Budget re support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings Ordinance to TRANSFER $625,000 from unencumbered funds to the Pupil Transportation Maintenance Services Facility a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements C. $ 5,301 from Alternative Education Facility —Phase I d. $ 1,282 from Renovations and Replacements - Various e. $ 1,042 from Diamond Spring Elementary School f. $ 52 from Renovations and Replacements — HVAC L. PLANNING — NO ACTION NECESSARY 1. Application of EDEN VENTURES, L.L.C./JAMES C. MCNUTT for a Conditional Use Permit re a bar/night club at 313 32nd Street. DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AMEND the Comprehensive Plan re the Interfacility Traffic Area (ITA) and Vicinity Master Plan, October 2010. M. PLANNING 1. Application of MRS. WILLIE H. GRAY for a Nonconforming Structure at 209 North Birdneck Road to enlarge and renovate the residential dwelling re health and safety needs. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of M & T MANAGEMENT, INCJOAK BREEZE, LLC for Modification of Prof er No. 2 to reduce the size of proposed dwellings (previously approved by City Council on April 25, 2006) at Seaboard Road and Golfwatch Lane. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LENWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of LIVING WORD GOSPEL CHURCH for a Conditional Use Permit re a church at 4971 Cleveland Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM — CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. - UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT APPROVAL If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY COUNCIL WORKSHOP CANCELLED NOVEMBER 2, 2010 CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 10/26/1Ogw www.vbgov.com I. CITY COUNCIL'S BRIEFING -Conference Room- 4:30 PM A. MINORITY BUSINESS COUNCIL ANNUAL REPORT Wanda Cooper, Chair Amma Guerrier, Financial Counselor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - S:OOPM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 V. FORMAL SESSION - City Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Terry Shuttlesworth Dominion Christian Center 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 October 12, 2010 G. FORMAL SESSION AGENDA 46 11roolittlott 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. TASK FORCE 2 RECERTIFICATION Urban Search and Rescue Team history I hilite I pdf HOUSE JOINT RESOLUTION NO. 266 Commending Virginia Task Force 2. Agreed to by the House of Delegates, February 19, 2010 Agreed to by the Senate, March 4, 2010 WHEREAS, Virginia Task Force 2, an elite urban search and rescue team sponsored by the Virginia Beach Fire Department, was activated for deployment on January 13, 2010, to Port-au-Prince, Haiti, in response to the devastating 7.0 earthquake that hit the country on January 12; and WHEREAS, Virginia Task Force 2 arrived in Haiti late on January 15, 2010, and on January 16, 2010, began searching for survivors in conjunction with a task force from New York; and WHEREAS, on January 17, 2010, Virginia Task Force 2 was able to drop a tube to a survivor trapped in the collapsed United Nations Building so he could receive water; almost eight hours later, team members were able to pull the survivor out of the rubble; and WHEREAS, on January 19, 2010, Virginia Task Force 2 team members were also able to save two children trapped in a collapsed residential building; and WHEREAS, Virginia Task Force 2 is a specialized team of approximately 200 members organized and managed by the Federal Emergency Management Agency; and WHEREAS, highly trained team members have been deployed in response to various natural disasters and were deployed to the Pentagon on September 11, 2001; and WHEREAS, a world class urban rescue team, Virginia Task Force 2 is comprised of firefighters, emergency medical services personnel, dog handlers, engineers, and physicians from cities and counties in the South Hampton Roads area; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby commend Virginia Task Force 2 for its readiness and response to the Haitian earthquake; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to Virginia Task Force 2 as an expression of the General Assembly's respect, admiration, and gratitude for the team's readiness and service in times of crisis. Legislative Information Sys. tem. PUBLIC HEARING 1. FY 2010-11 AMENDMENT TO THE CITY'S CAPITAL BUDGET re VDOT's safety and capacity improvements PUBLIC HEARING AMENDMENT TO THE FY 2010-11 CAPITAL BUDGET: Appropriation of $10,122,000 Funding from the Virginia Department of Transportation and the Federal Highway Administration On Tuesday, October 26, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2010-11 Capital Budget. The amendment is necessary to accept and appropriate, by ordinance or ordinances, $10,122,000 in funding from the Virginia Department of Transportation and the Federal Highway Administration to finance safety and capacity improvements for the following roadways and intersections: Virginia Beach Boulevard and Mediterranean Avenue (upgrade existing signal); Northampton Boulevard and Pleasure House Road (install flashing beacons on Northampton Boulevard ); General Booth Boulevard and Nimmo Parkway (construct acceleration/auxiliary left turn lane on Nimmo Parkway); Independence Boulevard and Buckner Boulevard (southbound left tum lane along Independence); North Lynnhaven Sidewalk (sidewalk on the south side of the roadway from Kings Grant Road to Virginia Beach Boulevard); Independence Blvd Pedestrian Improvements — Green Meadows Drive, South Plaza Trail, and Princess Anne Road (install Americans with Disabilities Act (ADA) ramps and pedestrian signals); Rosemont Road and Lynnhaven Parkway (construction of northbound dual left tum lanes on Rosemont Road and improvements to the receiving lanes on the western approach of Lynnhaven Parkway); and Newtown Road (install sidewalks and improve street markings). Additionally, funding is being provided for the Citywide Signal Retiming project; the Virginia Beach Bus Shelter ProgramnFroject; the Lesner Bridge Replacement project; and to replace span wire at multiple intersections (22 Street at Mediterranean, Cypress, Baltic, Arctic, and Parks; 21'' Street at Mediterranean, Cypress, Baltic, Arctic,.and Parks; Holland and South Plaza Trail; Providence and Lord Dunmore; and First Colonial and Donna Blvd.). These Hearings are open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385- 4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD — 711. Ruth Hodges Fraser, MMC City Clerk Beacon, Sunday, October 17, 2010 21840016 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Ordinance to ADD Section 23-43.2 to the City Code re Nighttime Use of City Parks 2. Ordinances to ACCEPT and APPROPRIATE: a. $2.8M from the fund balance of the General Fund to the Risk Management Internal Service Fund re insurance premiums and self-insurance claims b. School Operating Budget and additional funding for various capital projects (Reversion Funds): (1) $2,555,000 for Pupil Transportation category re bus replacement (2) $11,248,211 to the School Reserve Special Revenue Fund re anticipated Operating Budget shortfall in state and federal revenue (3) $162,800 to the Instructional category re purchase of classroom furniture, tools and equipment (4) $31,000 to the Operations and Maintenance category re purchase of 2,000 replacement portable radios (5) $28,000 to the Administration category re Diversity Youth Ambassadors Leadership training (6) $312,100 to the School Technology Category Special Revenue Fund to purchase replacement computers (7) $350,000 to the Pupil Transportation Maintenance Service Facility (8) $250,000 to Renovations and Replacements, Various, Phase II — replace auditorium seats at Green Run High School C. $3,600 from the U.S. Department of Homeland Security to the Fire Department's FY 2010-11 Operating Budget re support of the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee Working Group's expenses for attendance and administration of scheduled meetings Ordinance to TRANSFER $625,000 from unencumbered funds to the Pupil Transportation Maintenance Services Facility a. $382,801 from Virginia Beach Middle School replacement b. $234,522 from the Academy Facilities improvements C. $ 5,301 from Alternative Education Facility — Phase I d. $ 1,282 from Renovations and Replacements - Various e. $ 1,042 from Diamond Spring Elementary School f. $ 52 from Renovations and Replacements — HVAC w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 23-43.2 to the City Code Pertaining to Nighttime Use of City Parks MEETING DATE: October 26, 2010 ■ Background: A new court ruling requires police to subpoena a person who has the authority to post "no trespassing" signs on the property the accused is alleged to have trespassed upon. The sign provides the required notice to all potential trespassers. Under this ruling, a person of authority from Parks and Recreation will be required to testify in every court trial involving a trespassing in a city park charge. ■ Considerations: This ordinance will provide legal notice pertaining to the unauthorized use of city parks, a misdemeanor outside the general trespassing law. The penalty for violating this provision is a fine not less than $200 and not more than $500. Under the provisions of this new ordinance, Parks and Recreation personnel should not be required to testify in court but the option to pursue criminal charges under the general trespassing law is still available in those instances where the property is properly posted and pursuing a Class 1 misdemeanor is warranted. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: v Police and Parks and Recrea on - I - City Manager: 1 AN ORDINANCE TO ADD SECTION 23-43.2 2 TO THE CITY CODE PERTAINING TO 3 NIGHTTIME USE OF CITY PARKS 4 5 SECTION ADDED: § 23-43.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-43.2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 added and ordained to read as follows: 12 13 Sec. 23-43.2. Nighttime Use of City Parks. 14 15 O Any person who remains, goes or enters upon any city park, or the park's 16 parking areas, between sunset and sunrise shall be guilty of a misdemeanor and 17 subject to a fine not less than $200 and not more than $500. 18 19 (b) This section shall not apply during city -sponsored events or events 20 authorized by city permit, nor shall it apply to any city emplovee or authorized agent 21 while in the performance of official duties. 22 23 (c) As provided by Code of Virginia § 15.2-1124, city parks and parking areas 24 are under city police iurisdiction for the enforcement of this ordinance pertaining to the 25 use and occupancy thereof. 26 27 (d) For the purpose of this section, "city park" means any city -owned and 28 operated property open to the public for general recreational use, including but not 29 limited to traditional park areas, canoe and kayak launch areas, and the disabled 30 children's beach playground known as Grommet Park. The term "city park" does not 31 include city -owned -golf courses or city -owned and operated motor boat launch ramp 32 areas. COMMENT: This ordinance will provide legal notice pertaining to the unauthorized use of city parks, a misdemeanor outside the general trespassing law. The penalty for violating this provision is a fine not less than $200 and not more than $500. Under the provisions of this ordinance, Parks and Recreation personnel should not be required to testify in court but the option to pursue criminal charges under the general trespassing laws is still available in those instances where the property is properly posted and pursuing a Class 1 misdemeanor is warranted. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department City Att ey's Offi APPROVED AS TO CONTENT: CA11513 R-5 October 13, 2010 u+u'� r RSV � dP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the General Fund to the Risk Management Internal Service Fund MEETING DATE: October 26, 2010 ■ Background: The City of Virginia Beach's Risk Management Internal Service Fund manages and accounts for automobile, general liability and worker compensation insurance premiums as well as self-insurance claims and related costs. It is, in effect, the City's insurance provider. Actuarial projections are prepared each year based on actual claims in progress. The actuarial liability projection for June 30, 2010 is $24.7 million. It is anticipated that without an additional appropriation, cash reserves at the close of this fiscal year will fall to 15 percent of the actuarial liability. With this proposed appropriation of $2.8 million, it is projected that the Risk Management Internal Service Funds will be funded at 25%. While this appropriation will be a positive step in meeting the City's obligations, it is important to note that discussions with other AAA rated cities indicate that Virginia Beach should develop a methodology to increase its funded ratio to the 50-70% range. Over the next year the Finance Department will identify funding approaches that will gradually increase the funded ratio to bring the City in line with its peer municipalities. ■ Considerations: The attached ordinance provides for the appropriation and transfer of funds to the Risk Management Internal Service Fund. Funds are available from General Fund Balance reserves. These reserves were established during the close of the Fiscal Year 2010 records. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: It is recommended City Council authorize this appropriation of funds. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Finance/Risk Management City Manager: /�� /� • LL4—,, 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE GENERAL FUND TO THE MANAGEMENT INTERNAL SERVICE FUND WHEREAS, the City of Virginia Beach's Risk Management Fund manages and accounts for insurance and self-insurance claims and related costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2.8 million is hereby appropriated from the fund balance of the General Fund to the Risk Management Internal Service Fund to pay for insurance premiums and self-insurance claims. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content za ), -Ljk - Management Services CA11627 R-2 October 11, 2010 Approved as to Legal Sufficiency r MINE ey's Office ro�t��!4•�a,�' �'77 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funding to the School Operating Budget and Provide Additional Funding for Various Capital Projects MEETING DATE: October 26, 2010 ■ Background: On September 21, 2010, the School Board was presented a summary of the un -audited financial statement for FY 2009-10 in which $14,937,111 reverted to the City's General Fund per state law. In the past, City Council has returned such reverted funding to the School System by appropriation. Under City Council policy, this funding can only be used for one-time purposes and cannot create an on-going obligation. Also impacting this ordinance is a 2003 ordinance passed by City Council at the request of the School Board which established a School Reserve Special Revenue Fund. This fund was established to allow the School System to set aside funding to be in a better position to respond to (1) unexpected shortfalls in state or federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other fiscal emergencies. The balance of this reserve fund is limited to 2% of the previous year's school operating budget, which equates to $13.4 million. Use of funds from this reserve requires a resolution stating the purpose of the expenditures and the total amount to be expended to be adopted by a two-thirds majority of the School Board and an appropriation ordinance to be adopted by the City Council. As of June 30th 2010, the School Reserve Special Revenue Fund had an un -audited balance of $2.1 million net of the amount budgeted in the FY 2010-11 Operating Budget. ■ Considerations: At their October 5th meeting, the School Board adopted a resolution requesting that the $14,937,111 be appropriated for the following uses and amounts: • $11,248,211 to the School Reserve Special Revenue Fund (#098) for the purpose of covering anticipated Operating Budget shortfall for FY 2011-12, likely increases in VRS rates for FY 2011-12, and likely increases in the School's portion of the Health Care Fund for FY 2011-12; • $2,555,000 to the School Operating Fund (#115), Transportation category, for bus replacement; • $162,800 to the School Operating Fund (#115), Instructional category, to purchase classroom furniture at the Technical and Career Education Center, replacement furniture for elementary schools, and tools and equipment for the engineering lab at Landstown High School; • $31,000 to the School Operating Fund (#115), Operations and Maintenance category, to purchase 2000 replacement portable radios; • $28,000 to the School Operating Fund (#115), Administration category, to provide Diversity Youth Ambassadors Leadership training; • $312,100 to the School Technology Category Special Revenue Fund (#106) to purchase replacement computers in electronics labs Technical and Career Education programs at nine (9) high schools, to purchase laptops and laptop carts for the Technical and Career Education Center, and purchase 50 computers for business labs, engineering labs, and marketing labs at Landstown High School Tech Academy; and • $600,000 to Capital Projects with $350,000 to CIP 1-078 Pupil Transportation Maintenance Service Facility and $250,000 to CIP 1-105 Renovations and ReplacE:ments — Various — Phase II (replace auditorium seats at Green Run High School). The School Board is requesting $11,248,211 be appropriated to the School Reserve Special Revenue Fund. Based on the unaudited balance as of June 30"' 2010 and the use of reserve funds in the FY 2010-11 Operating Budget, approval of this ordinance as presented will bring the balance of the Reserve Fund to $ 13,348,211. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance; School Board Resolution Recommended Action: Submitting Department/Agency: Management Service &e City Manager, J , Q44.� 1�, CNA 1 AN ORDINANCE TO APPROPRIATE FUNDING TO 2 THE SCHOOL OPERATING BUDGET AND PROVIDE 3 ADDITIONAL FUNDING FOR VARIOUS CAPITAL 4 PROJECTS 5 6 WHEREAS, the School System reverted $14,937,111 to the City's General Fund 7 per state law; 8 9 WHEREAS, by formal resolution, the School Board requests the appropriation of 10 this funding to the School Operating and Capital Budgets; and 11 12 WHEREAS, in 2003 the City Council established the School Reserve Special 13 Revenue Fund at the request of the School Board to allow the School System to set 14 aside funding to be in a better position to respond to (1) unexpected shortfalls in state or 15 federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other 16 fiscal emergencies. Use of funds from this reserve requires a resolution stating the 17 purpose of the expenditures and the total amount to be expended to be adopted by a 18 two-thirds majority of the School Board and an appropriation ordinance to be adopted 19 by the City Council. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 Funding is appropriated, with estimated use of fund balance from the General Fund 25 increased accordingly, as follows: 26 27 1. $11,248,211 to the School Reserve Special Revenue Fund (#98) for 28 unexpected shortfalls in state or federal revenues or other non-recurring 29 expenses; 30 31 2. $2,776,800 to the School Operating Fund (#115) in the amounts and for the 32 purposes set forth below: 33 a. $2,555,000 to the Pupil Transportation Category; 34 b. - $28,000 to the Administration, Attendance, and Health Category; 35 c. $31,000 to the Operations and Maintenance Category; and 36 d. $162,800 to the Instructional Category; 37 38 3. $312,100 to the School Technology Category Special Revenue Fund (#106); 39 and 40 41 4. $600,000 to the School's Capital Budget for: 42 43 a. $350,000 to capital project #1-078 Pupil Transportation Maintenance 44 Service Facility; and 45 46 b. $250,000 to capital project #1-105 Renovations and Replacements — 47 Various — Phase II. Adopted by the Council of the City of Virginia Beach, Virginia, on the of , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ai�6.'A �' 0.-, Management Services CA11628 R-2 October 14, 2010 day APPROVED AS TO LEGAL SUFFICIENCY: SCHOOL BOARD Daniel D. Edwards Chairman District t - CentanAke 1513 Beachview Drive VA Beach, VA 23464 495.3551(h) • 717-0259 (c) Willem J. "801" Snanke, IV Vice -Chairman Dislrut 7 — Princess Anne 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w) • 266-2772 (c) Todd C. Davtdson AI-Ler9• 1861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma t_ "Em" Davis District 5 - Lynnhaven 1125 Michaalwcod Drive VA Beach, VA 23452 340,8911(h) Patricia G. Edmonson District 6 - Beach 205 346 Street, 61515 VA Beach. VA 23451 6750137 (c) Brent N. Mckent District 3 - Rose Frau 140D Brookwoud Place VA Beach, VA 23453 816-2736 (c) Ashley K McLeod A4farge 5508 Dal Park Avenue VA Beach, VA 23455 552-W (h) Patrick S. Salyer Abuarge 2233 Creeks Edge Drive VA Beach, VA 23451 62D.2141 (c) D. Scott Seery At large 222 Central Park Ave. Sle 1300 VA Beach, VA 23462 333-4042 (w) • 353-7766 (c) Sandra Smith -Jones District 2 - Kompsdle 705 Rock Creak Cute VA Beach, VA 23462 490.8167 (h) Carolyn D. W'aems District 4 - Bayside 1420 Claudia D -m VA Beach, VA 23455 464.6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263.1007 ` F1RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING FY 2009.10 REVERSION FUNDS WHEREAS, On September 21, 2010 the School Board was presented with a summary of the unaudited financial statement for FY 2009-10 on the additional revenue and expenditure savings resulting in a reversion to the C*'s General Fund; and WHEREAS, the total estimated funds available for re -appropriation is $14,937,111; and WHEREAS, the Administration recommends the following uses for the $14,937,111 available: • $ 2,555,000 to Fund 115 -School Operating Fund Budget, Transportation category, for bus replacements • $ 350,000 to the CIP 1-078 Pupil Transportation Maintenance Service Facility • $226,800 to Technology Fund 106 to replace computers in Electronics Labs TCE programs at 9 high schools • $75,000 to Technology Fund 106 for desktop computers (50) for bus. labs, eng. labs, marketing labs at Landstown HS Tech. Acad. • $10,300 to Technology Fund 106 for laptops & laptop carts for Tech & Career Ed. Ctr. • $14,800 to Fund 115, School Operating Fund, Instructional Category for needed classroom furniture Tech & Career Ed. Ctr. • $120,000 to Fund 115, School Operating Fund, Instructional Category for needed elementary classroom furniture replacements • $250,000 to CIP 1105, Renovations & Replacements, for replacement of auditorium seats at Green Run HS • $28,000 to Fund 115, School Operating Fund, Instructional Category for tools/equipment in engineering lab at Landstown HS • $31,000 to Fund 115, School Operating Fund, Operations and Maintenance Category, 200 portable replacement radios for schools • $28,000 to Fund 115, School Operating Fund, Administration Category, for Diversity Youth Ambassadors Leadership training • $11,248,211 to the School Reserve Special Revenue Fund to be set aside for the purpose of covering (1) anticipated Operating Budget shortfall for FY 2011-12, (2) likely increases in VRS rates for FY 2011-12, and (3) likely increases in the Schools portion of the Health Care Fund for FY 2011-12 NOW, THEREFORE, BE IT RESOLVED: That the Board approves the recommended uses of the FY 2009-10 Reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the City Council appropriate the $14,937,111 to the various funds and categories specified in the bulleted list above; and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Cleric. Adopted by the School Board of the City of Virginia Beach this 5th day of October 2010 SEAL Daniel D. Edwards, Chairman Attest: 44:2,L Dianne P. Alexander, Clerk of the Board School Administration Bolding • 2512 George Mason Drive • P.O. Box 6D38 • Virginia Beach, VA 23456-0038 a e e • Ow �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the United States Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department MEETING DATE: October 26, 2010 ■ Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the Department of Homeland Security, has provided funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. For the FY 2010-11 Budget, FEMA awarded the VA-TF2 $1,047,900 for the operations and maintenance of the task force. ■ Considerations: FEMA has awarded an additional $3,600 to VA-TF2 for support of its Advisory Committee Working Group member expenses for attendance and administration of scheduled meetings. The grant does not require a local match. The purpose of this training is to continue the development and maintenance of the nation's Urban Search and Rescue, including the ability to perform collapse structure rescues during a disaster response. Specifically, this grant provides a mechanism for distribution of funding to 28 Task Forces to perform training, equipment, and administration. The program has reached a point where this level of funding is critical to its continuity as a viable program, and FEMA assistance is necessary to maintain VA — TF2 at required performance levels. ■ Public Information: Public information will be handled through the normal agenda process. ■ Recommendations: Accept and appropriate $3,600 from FEMA to assist VA-TF2 with Advisory Committee Working Group membership administration and participation. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: A, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE UNITED STATES 3 DEPARTMENT OF HOMELAND SECURITY TO THE 4 FY 2010-11 OPERATING BUDGET OF THE FIRE 5 DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $3,600 is hereby accepted from the United States Department of 11 Homeland Security and appropriated, with estimated federal revenues increased 12 accordingly, to the FY 2010-11 Operating Budget of the Fire Department for support of 13 the Virginia Task Force 2 Urban Search and Rescue Team Advisory Committee 14 Working Group's expenses for attendance and administration of scheduled meetings. Adopted by the Council of the City of Virginia Beach, Virginia on the day Of .2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Management Services CA11735 R-2 October 14, 2010 Approved as to Legal Sufficiency: o y s Office �VYVVi�J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $625,000 within the FY 2010-11 School Capital Budget MEETING DATE: October 26, 2010 ■ Background: The School System broke ground to replace the Pupil Transportation Maintenance Services Facility in Spring of 2009. Due to unexpected costs related to unforeseen site conditions and projected hazardous material abatement and demolition costs, the project has exceeded its current budget estimate of $20.7 million. The original budget estimate for this project was $17.0 million; however City Council has adopted several transfers into this project over the past few years. ■ Considerations: At their October 5th meeting, the School Board adopted a resolution requesting that $625,000 be transferred from unencumbered balances as follows: Transfer From: CIP 1-031 Academy Facilities Improvements $ 234,522 CIP 1-074 Renovations and Replacements -Various $ 1,282 CIP 1-075 Diamond Spring Elementary School $ 1,042 CIP 1-082 Alternative Education Facility -Phase 1 $ 5,301 CIP 1-084 Renovations and Replacements -HVAC $ 52 CIP 1-234 Virginia Beach Middle School Replacement $ 382,801 $ 625,000 Transfer To: CIP 1-078 Pupil Transportation Maintenance Services Facility $ 625,000 The School Board also included $350,000 in reversion funds from FY 2009-10 in a seperate resolution to be transferred to CIP 1-078 Pupil Transportation Maintenance Services Facility, but these funds were also included in the reversion ordinance that City Council will be considering on this same agenda. If approved, this transfer (including the transfer on the reversion ordinance) would bring the total project cost to $21.7 million. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process through the advertisement of the City Council agenda. ■ Attachments: School Board Resolution Ordinance Recommended Action: Submitting Department/Agency: Management Service (� City Manager: 1 AN ORDINANCE TO TRANSFER $625,000 WITHIN THE 2 FY 2010-11 SCHOOL CAPITAL BUDGET 3 4 Whereas, $625,000 in unencumbered funds exists in various School capital 5 projects because these projects are either under budget or complete; and 6 7 Whereas, the School Board, at their October 5, 2010 meeting, requested a 8 transfer of $625,000 from these projects to CIP 1-078 Pupil Transportation Maintenance 9 Services Facility to address unexpected costs. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the following amounts are hereby transferred from the referenced projects 15 to CIP 1-078 Pupil Transportation Maintenance Services Facility: 16 17 (a) $234,522 from CIP 1-031 Academy Facilities Improvements; 18 (b) $1,282 from CIP 1-074 Renovations and Replacements — Various; 19 (c) $1,042 from CIP 1-075 Diamond Spring Elementary School; 20 (d) $5,301 from CIP 1-082 Alternative Education Facility—Phase I; 21 (e) $52 from CIP 1-084 Renovations and Replacements -HVAC; and 22 (f) $382,801 from CIP 1-234 Virginia Beach Middle Replacement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: CA11736 R-2 October 14, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ity ey's Office �`<< ,MRGIMIA BEACH CITY PUBLIC SCHOOLS A H E- A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chairman District 1- Centarvire 15138eachview Drive VA Beach, VA 23464 495.3551(h) . 717-M (c) wham J.'Bilr Brume, N vice.Chdman Diskict7–Princess Anne 4099I'mmood Dft Suile 108 Vkgkda Beach, VA 23462 222-0134 (w) • 286.2712 (c) Todd C. Davidson At Large 1861 Mayberry Drive VA Beach, VA 23456 427,3330 (w) .285-9408 (c) Emma L °Em" Davis District 5 - Lynshaven 1125 Wkho twood Drive VA Bea* VA 23452 340-9911(h) Patricia D. Edmonson District 6 - Beach 205 341 Street.51515 VA Beach, VA 23451 6750137 (c) Bred N. Mckenzie District 3 - Rose hall 1408 Brookwood Place VA Beach, VA 23453 616-2736(c) Ashley K. McLeod At -Large M Del Park avenue VA Beach, VA 23465 5524348 (h) Patrick S. Salyer 41-arpe 223 Creeks Edge Drive VA Beach. VA 23451 620.2141(c) D. Scutt Seery 222 Central Park Ave. Ste 130 VA Beach, VA 23462 333-4042 (w) • 353-7766 (c) Sandra Smith -Jones District 2–Kempsvl8e 705 Rack Creek Court VA Beach, VA 23462 490.8167 (h) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUFERINTENDEN' James G. Merril, FA -D. 2512 George Mason Drive VA Beach. VA 23456 263.1007 CAPITAL IMPROVEMENT PROGRAM TRANSFER OF FUNDS RESOLUTION WHEREAS, A contract was awarded in March, 2009 for the Pupil Transportation Services Maintenance Facility; and WHEREAS, the project is currently approidmately eighty percent complete; and WHEREAS, as a result of unforeseen site conditions and projected hazardous material abatement and demolition costs the project exceeds original estimates and; WHEREAS, unencumbered funds are available in other capital projects, which are either under budget or complete; NOW, THEREFORE, BE IT RESOLVED: That the School Board of the City of Virginia Beach requests that City Council approve transfers as follows: CIP Transfer From: CIP 1-031 Academy Facilities Improvements $234,521.96 CIP 1-074 Renovations & Replacements -Various...... 1,282.11 CIP 1-075 Diamond Spring Elementary School .......... 1,042.27 CIP 1.082 Alternative Education Facility -Ph I .............5,301.48 CIP 1.084 Renovations & Replacements -HVAC .............51.47 CIP 1.234 Virginia Beach Middle Replacement ...... 382,800.71 FY 2009-10 Reversion Funds.................................350,000.00 Total...................................................................... 8975,000.00 CIP Tiransfer To: CIP 1••078 Pupil Transportation Maintenance Services Facility and ba It FUR7 HER RESOLVED: That a copy of this resolution be delivered promptly to each member of City Council, the City Manager, and the City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of October 2010 SEAL Attest- �q t.7. 4264w"44— Dianne P. Alexander, Clerk of the Board anieAdwar Zhaiiman�� School Administration Building - 2512 George Mason Drive • P.O. Box SM. • Vhgst(a Beach, VA 23456-0038 • • • L. PLANNING — NO ACTION NECESSARY 1. Application of EDEN VENTURES, L.L.C./JAMES C. MCNUTT for a Conditional Use Permit re a bar/night club at 313 32"d Street. DISTRICT 7 - PRINCESS ANNE 2. Ordinance to AMEND the Comprehensive Plan re the Interfacility Traffic Area (ITA) and Vicinity Master Plan, October 2010. M. PLANNING 1. Application of MRS. WILLIE H. GRAY for a Nonconforming Structure at 209 North Birdneck Road to enlarge and renovate the residential dwelling re health and safety needs. DISTRICT 6 - BEACH RECOMMENDATION . UM11]il it 2. Application of M & T MANAGEMENT, INCJOAK BREEZE, LLC for Modification of Proffer No. 2 to reduce the size of proposed dwellings (previously approved by City Council on April 25, 2006) at Seaboard Road and Golfwatch Lane. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 3. Application of CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCHILENWOOD IRELAND for a Conditional Use Permit re a church at 528 South Military Highway, Suite A. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of LIVING WORD GOSPEL CHURCH for a Conditional Use Permit re a church at 4971 Cleveland Street. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL NOTICE 0� FF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, November 9, 2010, at 6:00 p.m. The following applications will be heard: LYNNHAVEN DISTRICT Mark Cooke Application: Nonconforming Use at 6102 Oceanfront Avenue (GPIN 2419820281). Commonwealth Virginia Beach, L.L.C. Application: Change of Zonm¢ District Classification from B-2 Community Business to Conditional 0-2 Office at 445 Kings Grant Road (GPIN 1497074064). Deferred on July 14, 2010. Comprehensive Plan - Suburban Area. Commonwealth Virginia Beach L.L.C. Application: Conditional Use Permit re a facility for disabled (sanatorium) at 445 Kings Grant Road (GPIN 1497074064). Deferred on July 14, 2010. Integrated Living Communities Of Virginia Beach, LLC aka Kings Grant House Application: Modification of Conditional Use Permit (approved by City Council on March 14, 1988) at 440 North Lynnhaven Road (GPIN 1497072012). Deferred on July 14, 2010. Saint Aidan's Episcopal Church Application: Modification of Conditional Use Permit (approved by City Council on April 13, 1999) at 3201 Edinburgh Drive (GPIN 1497072219). Deferred on July 14, 2010. CITY OF VIRGINIA BEACH Ordinance to amend Section 111 and Section 301 of the City Zoning Ordinance, defining the term 'Environmental Education Center' and allowing the use as a Conditional Use in the P-1 Preservation District and adding a New Section 233.1.1, Establishing Standards Pertaining to Such Use. BEACH DISTRICT Pontiac Arms Apartments, Inc. Application: Modification of Conditional Use Permit (approved by City Council on March 10, 2009) at 2016 Arctic Avenue (GPIN 2427086210). PRINCESS ANNE DISTRICT Wellington Farm, LLC/David Reed and Tauma Reed Application: Modification of Conditions at 3125 Hungarian Road (GPIN 1388743606:1388841368). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httD://www.vbgov.com/oc For information call 385.462L If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303. BEACON: OCT 24 & 31, 2010 21863856 u• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EDEN VENTURES, L.L.C., Conditional Use Permit. bar/nightclub, 313 32nd Street (GPIN 2418928642). BEACH DISTRICT. MEETING DATE: October 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for an eating and drinking establishment - nightclub / bar. The applicant proposes to develop the interior of the building with a restaurant section and performance venue area. ■ Considerations: This item was advertised for the October 26 City Council meeting in anticipation of it being acted on by the Planning Commission at its October 13 public hearing. Prior to the Planning Commission formal hearing, however, the applicant requested that the Planning Commission defer action on the item. As a result of Planning Commission's deferral of the item, the City Council has no action to take on this item. ■ Recommendations: No action necessary. The item• will be advertised for City Council action at a later date after the Planning Commission has acted. ■ Attachments: Location Map Recommended Action: No action necessary. Submitting Department/Agency: Planning Department City Manager. k .5r,>( FA ■ 4 CL \ � � § \ � } � � � \\ � � \ \\ FA ■ 4 CL CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — INTERFACILITY TRAFFIC AREA and VICINITY MASTER PLAN STUDY, An Ordinance to amend the Comprehensive Plan by adopting the INTERFACILITY TRAFFIC AREA and VICINITY MASTER PLAN, OCTOBER 2010. MEETING DATE: October 26, 2010 ■ Background: In January of 2010, the City began a planning study for the development of a master plan for the Interfacility Traffic Area and Vicinity. The public planning process relied heavily upon input from stakeholders, residents, landowners, the Navy and various City Departments. This participation served to inform and guide the analysis, design alternatives and eventual plan recommendations. This master plan provides recommendations regarding land use, open space, utilities, building design, roadway and trails, creating opportunities for growth compatible with the AICUZ restrictions of the Interfacility Traffic Area. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Comprehensive Plan's online Document Library for a full copy of the Interfacility Traffic Area and Vicinity Master Plan. ■ Considerations: This item was advertised for the October 26 City Council meeting in anticipation of it being acted on by the Planning Commission at its October 13 public hearing. At the Planning Commission formal hearing, there was opposition. The opposition requested that the Planning Commission defer action on the item to allow additional time for discussion with staff. As a result of Planning Commission's deferral of the item, the City Council has no action to take on this item. ■ Recommendations: No action necessary. The item will be advertised for City Council action at a later date after the Planning Commission has acted. City of Virginia Beach Amendment to Comprehensive Plan- ITA Master Plan Page 2 of 2 ■ Attachments: No attachments. Recommended Action: No action necessary. Submitting Dei)artment/Agencly:: Planning Department City Manager '"U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement and Renovation of a Nonconforming Use on Property Located at 209 N. Birdneck Road for Mrs. Willie H. Gray, 209 N. Birdneck Road (GPIN 2417553370). BEACH DISTRICT. MEETING DATE: October 26, 2010 ■ Background: There is one residential dwelling located on this lot, which has a split zoning of R- 10 Residential and B-2 Community Business District. A portion of the existing dwelling is located within the R-10 Residential District and.the other portion of the home is located within the B-2 Community Business District. Residential dwellings are not permitted within the B-2 District. However, this house was built in 1940 prior to the adoption of the 1954 Princess Anne County Zoning Ordinance. No zoning district, therefore, governed this site at that time the house was constructed. Since a portion of the home is now located within the B-2 Zoning District, the site is considered non -conforming. The applicant is proposing to enlarge and renovate a portion of the house which has succumbed to mold and deterioration due to a leaky roof. The applicant would like to remove all walls, roofing, or structures within the home that have been affected by the mold and rebuild the space to eliminate mold. The spaces affected by mold include the first floor bathroom and kitchen which totals approximately 158 square feet. The enlarged space increases the current 3,324 square foot home to 3,562 square feet. The proposed enlargement and renovation will also improve handicap accessibility within the dwelling for the senior homeowner. The space that is to be enlarged and renovated is located on the northwestern side of the existing home. The proposed change will not extend beyond the existing footprint of the house. The existing dwelling is currently 3.3 feet from the northern side yard property line and the proposed addition will extend approximately five feet from the northern side property line. The exterior of the restored and expanded portion of the home will utilize building materials currently used on the home. The request to change the house to eliminate the mold problems and accommodate the applicant's use of a walker requires approval of this non- conforming use request. Section 105(b) of the Zoning Ordinance indicates that it Enlargement of a Nonconforming Use 209 N. Birdneck Road Page 2 of 3 is the intent of the Code is to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended or relocated except upon resolution of the City Council. ■ Considerations: The proposed enlargement and renovation is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non- conforming use. The single-family dwelling on this site has been on the property for over 65 years. As residents age, it is reasonable they be able to upgrade their home to accommodate their health and safety needs. The proposed restoration and addition is greatly needed to create a safe and accessible living environment for the current resident and will not extend outside the current building footprint. The proposed alteration should, therefore, have minimal impact on the surrounding community. Staff has also noted that the unusual zoning on this site makes upgrading or modifying the site difficult. Conforming to two zoning districts requirements, as is the case on this 11,096 square foot site, is challenging. Through this request, the applicant is working to overcome these obstacles to upgrade and improve the site. ■ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: The enlargement and renovation shall substantially adhere to the submitted marked -up site plan entitled, "Physical Survey of Property as Described in D.B 999 P.89", prepared by Gallup Surveyors & Engineers, LTD. and dated February 11, 1992. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed enlargement and renovation shall substantially adhere to the submitted elevation entitled, "Proposed Addition Plan for Willie H. (3ray", prepared by Walter Parker. Said elevations have been exhibited to the City of Virginia beach City Council and are on file in the Planning Department. 3. All required permits for the proposed enlargement and renovation shall be obtained from the Planning Department/ Permit and Inspections Division. Enlargement of a Nonconforming Use 209 N. Birdneck Road Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Location Map Resolution Recommended Action: Staff recommends approval Submitting Department/Agency: Planning Department City Manager: neap L -i mrs. W[lhe H. Urav T3 _ RT3` dB Ldh 62 A REQUEST: Enlargement and Renovation to a Nonconforminq Use ADDRESS / DESCRIPTION: 209 N. Birdneck Road October 26, 2010 City Council Hearing APPLICANT / PROPERTY OWNER: MRS. WILLIE H. GRAY STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2417-55-3370-0000 BEACH 11,096 square feet Greater than 75 dB DNL, APZ-2 SUMMARY OF REQUEST There is one residential dwelling located on this lot, which has a split zoning of R-10 Residential and B-2 Community Business District. A portion of the existing dwelling is located within the R-10 Residential District and the other portion of the home is located within the B-2 Community Business District. Residential dwellings are not permitted within the B-2 District. However, this house was built in 1940 prior to the adoption of the 1954 Princess Anne County Zoning Ordinance. No zoning district, therefore, governed this, site at that time the house was constructed. Since a portion of the home is now located within the B-2 Zoning District, the site is considered non -conforming. The applicant: is proposing to enlarge and renovate a portion of the house which has succumbed to mold and deterioration due to a leaky roof. The applicant would like to remove all walls, roofing, or structures within the home that have been affected by the mold and rebuild the space to eliminate mold. The spaces affected by mold include the first floor bathroom and kitchen which totals approximately 158 square feet. The enlarged space increases the current 3,324 square foot home to 3,562 square feet. The proposed MRS. WILLIE H. GRAY October 26, 2010 City CouncilMeeting Page 1 expansion and renovation will also improve handicap accessibility within the dwelling for the senior homeowner. The space that is to be enlarged and renovated is located on the northwestern side of the existing home. The proposed change will not extend beyond the existing footprint of the house. The existing dwelling is currently 3.3 feet from the northern side yard property line and the proposed addition will extend approximately five feet from the northern side property line. The exterior of the restored and expanded portion of the home will utilize building materials currently used on the home. The request to change the house to eliminate the mold problems and accommodate the applicant's use of a walker requires approval of this non -conforming use request. Section 105(b) of the Zoning Ordinance indicates that it is the intent of the Code is to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended or relocated except upon resolution of the City Council. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Vacant land & car wash / B-2 Community Business District USE AND ZONING: South: . Vacant land & single-family residential / B-2 Community Business District East: . Retail / B-2 Community Business District • Vacant land & Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District • Vacant land / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. CITY SERVICES There are no expected impacts to City services as a result of the proposed modifications. MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting Page 2 EVALUATION AND RECOMMENDATION The proposed enlargement and renovation is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing nonconforming use. The single-family dwelling on this site has been on the property for over 65 years. As residents age, it is reasonable they be able to upgrade their home to accommodate their health and safety needs. The proposed expansion and renovation is greatly needed to create a safe and accessible living environment for the current resident and will not extend outside the current building footprint. The proposed alteration should, therefore, have minimal impact on the surrounding community. Staff has also noted that the unusual zoning on this site makes upgrading or modifying the site difficult. Conforming to two zoning districts requirements, as is the case on this 11,096 square foot site, is challenging. Through this request, the applicant is working to overcome these obstacles to upgrade and improve the site. Staff, therefore, recommends approval of this request subject to the conditions listed. CONDITIONS 1. The enlargement and renovation shall substantially adhere to the submitted marked -up site plan entitled, "Physical Survey of Property as Described in D.B 999 P.89", prepared by Gallup Surveyors & Engineers, LTD. and dated February 11, 1992. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed enlargement and renovation shall substantially adhere to the submitted elevation entitled, "Proposed Addition Plan for Willie H. Gray", prepared by Walter Parker. Said elevations have been exhibited to the City of Virginia beach City Council and are on file in the Planning Department. 3. All required permits for the proposed enlargement and renovation shall be obtained from the Planning Department/ Permit and Inspections Division. MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting 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 play, 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 application are valid or any structures may be occupied. 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. MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting Page 4 AERIAL OF SITE LOCATION MRS. WILLIE H. GRAY October 26, 2010 City CouncilMeeting Page 5 THIS IS TO CERTIFY THAT 1, ON n ON THIS PLAT AND THAT THE TITLE LINES THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN OF OTHER BUILDINGS ON THE PROPERTY, I .,§61L -,n op 1992 THE PROPERTY SHOWN , GS ARE AS SHOWN ON NM!109 THERE PE NO ENCROACHMENTS SIGNED c. rLAJ t�'a Suv THE PROPERTY SHOWN HEREON APPEARS TO FALL INSIDE ZONE(S) C AS SHOWN ON THE F.EM-A. FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH COMMUNITY -PANEL J515531-0020 C. NOW OR FORMERLY LEON R. EDNEY D.B.221 PAID MAII P.B M.6.119 RIG ,�s . Q NOW OR FORMERLY JEREMIAH HALL D.B.531 P.272 D.B.1261 P.456 M.B.11 P.6 M.B. 119 P.16 PMF) fkafts" I - wry � /IrDP►'t�p►a WOOD %Gtl►MIt�%IM1l 5.0 �.r VARIABLE WIDTH UTILITY EASEMENT (M.B.119 PAS) y sFq ACk iso . %14 (90, Rte) PROPOSED SITE PLAN MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting Page 6 New Fiberqlg55 544C5, New f ber4a54 %qas 12 -New =415'dincl 1--New vin41,!5&q EmAm Poe: ze, C4 New 6" cm Hock farz(abon anu block faridAim New 8,, PROPOSED BUILDING ELEVATION MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting Page 7 Map L-7 Mup Nut fU JL'C1C '. �— ••• ��--� �..�� "-a REQUEST APPLICANT ACTION 1 02/28/1995 Conditional Use Permit Dae Ik Chong Approved VAR A BEACH ML 2 10/26/1993 Conditional Use Permit Judeo-Christian Outreach Approved (group home addition Center i I J � ` i \1 _......_ f]j JT >75 {iB. L &i 4t ,. I :.'^.... B2 A1 I => I � [ ate` i � -;..� -, , • ,... __ _.. .h I `� � a� •tom _ oningwimcondivonsProffers Non -Conforming Use # DATE REQUEST APPLICANT ACTION 1 02/28/1995 Conditional Use Permit Dae Ik Chong Approved motor vehicle rental 2 10/26/1993 Conditional Use Permit Judeo-Christian Outreach Approved (group home addition Center ZONING HISTORY MRS. WILLIE H. GRAY October 26, 2010 City Council Meeting Page 8 �O I J� �V li■■��i Ih� IQ 1� 1� 0z; C) 0z; 0z; 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) /4rf. Willi, l -J . C rG 12. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) /V A El 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 tiom 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) �5- �lrliie �{. tar 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) N�f� ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. s z See next page for footnotes Does an official or employee of :e�lty of Virginia Beach have an interest in the subject land? Yes Nc/ If yes, what is the name of the official or employee and the nature of their interest? Non-Cardnmrep Um AWA=bm Papa a of e Revlaad M? DISCLOSURE MRS. October 26, 2010 City t ptM T♦y j .': LIE M G Y z? . ,6 ncil M 'ng j •/V - t r� 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) � �L`rnor drlZ ' "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 Govemment 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 , (ft) 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 some 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 West 30 days prior to the scheduled public hearing according to the instructiorss in thre 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. �� .� t:.•NEW i . 14111ZAE 4, Gov Property Owner's Signature (d different than applicant) Print Name NOD-confomft Use App"' I I Pape 9 of 9 Pewaea n301)7 DISCLOSURE t v.. MRS. W.�- LIE H. October 26, 2010 City �6.uncil A P 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT AND RENOVATION OF A 3 NONCONFORMING USE ON PROPERTY 4 LOCATED AT 209 N. BIRDNECK ROAD 5 6 WHEREAS, Willie H. Gray, (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge and renovate a nonconforming use having 8 the address of 209 N. Birdneck Road, in the R-10 Residential District and B-2 9 Community Business District, by enlarging and renovating a single -family dwelling on 10 the parcel; and 11 12 WHERE=AS, the single -family dwelling is nonconforming as it not a use allowed in 13 the B-2 Zoning District; and 14 15 WHEREAS, the single -family dwelling was constructed prior to the adoption of 16 the applicable regulations; and 17 18 WHERE=AS, pursuant to Section 105 of the City Zoning Ordinance, the 19 enlargement and renovation of a nonconforming use is unlawful in the absence of a 20 resolution of the City Council authorizing such action upon a finding that the proposed 21 use, as enlarged, will be equally appropriate or more appropriate to the zoning district 22 than is the existing use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as enlarged and 28 renovated, will be equally appropriate to the district as is the existing use under the 29 conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the enlargement and renovation of the nonconforming use is hereby 35 authorized, upon the following conditions: 36 37 1. The enlargement and renovation shall substantially adhere to the submitted 38 marked-up site plan entitled, "Physical Survey of Property as Described in D.B 39 999 P.89", prepared by Gallup Surveyors & Engineers, LTD. and dated 40 February 11, 1992. Said plan has been exhibited to the City of Virginia Beach 41 City Council and is on file in the Planning Department. 42 43 2. The proposed enlargement and renovation shall substantially adhere to the 44 submitted elevation entitled, "Proposed Addition Plan for Willie H. Gray", 45 prepared by Walter Parker. Said elevations have been exhibited to the City of 46 Virginia beach City Council and are on file in the Planning Department. 47 48 3. All required permits for the proposed enlargement and renovation shall be 49 obtained from the Planning Department/ Permit and Inspections Division. 50 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning De§artment CA11629 R-1 October 14, 2010 -42 - Item V L.2. PLANNING ITEM # SS154 (Continued) Voting: 7-2 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Alayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Absent: Robert M. Dyer and James L. Wood April 25, 2006 -41- Item 41- Item V L.2. PLANNING ITEM # 55154 Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant and advised a better plan has been submitted, with the lots being 15, 000 square feet instead of 20, 000, eight (8) lots have been proposed, more than 50% open space, all lots back up to this open space, all of the specimen trees surrounding the Weddle's stately home have been preserved and deed restrictions have been modified. Laura Sisino, 2821 Seaboard Road, Phone: 689-2600, spoke in support, and expressed appreciation as the new plan complies with the Princess Anne Transition Area Guidelines. Judy Hall, 2825 Seaboard Road, Phone: 721-3358, advised the development is adjacent to the property on two (2) sides. Mrs. Hall expressed concern re the recreation area being at her back door. Upon motion by Councilman Reeve, seconded by Councilman Diezel, City Council ADOPTED: Ordinance upon application of HERON RIDGE PROPERTIES II, L.L.C. for a Conditional Change of Zoning and ALLOWED WITHDRAWAL of a Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance: ORDINANCE UPON APPLICATION OF HERON RIDGE PROPERTIES II, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AND AG -2 AGRICULTURAL DISTRICT TO CONDITIONAL R-15 ZO4061247 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIMA Ordinance upon Application of Heron Ridge Properties 14 L.L.C. for a Change of Zoning District Classification from AG -1 and AG -2 Agricultural District to Conditional R-15 Residential District on property located at 2817 Seaboard Road (GPM 24036750380000; 24036647250000). The Comprehensive Plan designates this site as being within the Princess Anne Transition Area, suitable for cluster housing using creative planning and development techniques. The purpose of this rezoning is to develop single-family homes. DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record WITHDRAWN Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Heron Ridge Properties H,, L.L.C. for property located at 2817 Seaboard Road (GPINs 24036750380000; 24036647250000). DISTRICT 7 — PRINCESS ANNE This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of April, Two Thousand Six. April 25, 2006 I Pet I MINION 1 1 � I w FLA] 5"W'I N u• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: M & T MANAGEMENT, INC./OAK BREEZE, LLC, Modification of Conditions, west side of Seaboard Road and Golfwatch Lane (GPINs 2403667967; 2403666954; 2403665946; 2403674043; 2403675241; 2403676112; 2403677113). PRINCESS ANNE DISTRICT. MEETING DATE: October 26, 2010 ■ Background: The site was conditionally rezoned from AGA and AG -2 Agricultural District to Conditional R-15 Residential District on April 25, 2006. The 2.43 acres site was subdivided into eight lots and common open space for development of single- family dwellings. The proffer agreement provided for the site layout, dwelling sizes, building materials, and monies for acquisition of open space. The applicant desires a modification to Proffer 2 of the agreement. Proffer 2 addresses the sizes of the proposed dwellings. Currently one-story dwellings must be a minimum of 2500 square feet of enclosed living area, excluding garage, and two-story dwellings must be a minimum of 2800 square feet of enclosed living area, excluding the garage. The applicant desires to reduce the minimum size of the one-story dwelling to no less than 2,000 square feet of enclosed living area, excluding the garage, and reduce the minimum size of the two-story dwellings to no less than 2,300 square feet, excluding the garage. Each dwelling shall have a garage containing a minimum of 375 square feet of floor area. No increase in density is proposed with this request. The Conditional Rezoning has six proffers: Proffer 1. When the Property is developed it shall be subdivided and landscaped substantially as depicted on the "CONCEPTUAL LAYOUT PLAN OF OAK BREEZE SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA FOR HERON RIDGE PROPERTIES", dated 03/20/06, and prepared by WPL. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2. Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, each of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed living area, M 8 T Management, Inc. Page 2of4 excluding garage for one-story and no less than 2800 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles. To be modified. Proffer 3. Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, all residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. Proffer 4. When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein. Proffer 5. The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of One 'thousand Dollars ($1,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If funds proffered by the party of the first part in this paragraph are not Bused by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. Proffer 6. 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. ■ Considerations: The applicant's request for a Modification to the Conditional Change of Zoning is acceptable. This proposal does not increase the number of dwelling units or change the exterior building materials to be used. The reduction of the square footage of the dwelling units does not affect the quality of the approved development. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. There was no opposition to the request. M & T Management, Inc. Page 3 of 4 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(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," (§107(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: Condition numbered "2" as set forth in the 2006 Proffers is hereby deleted and the following modification to the Condition numbered "2" shall apply: 2. Except for the existing dwelling located on Lot 5 on the Subdivision Plat of Oak Breeze, each of the single-family residential dwellings to be constructed shall contain no less than 2000 square feet of enclosed living area, excluding the garage are for one-story and no less than 2300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage containing a minimum of 375 square feet of floor area PROFFER 2: Except as expressly modified herein, all of the covenants, restrictions and conditions contained in the "2006 Proffers) are ratified and affirmed. PROFFER 3: 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. The City Attorney's Office has reviewed the proffer agreement dated June 21, 2010, and found it to be legally sufficient and in acceptable legal form. M & T Management, Inc. Page 4 of 4 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage< kt, JZ, � 4 September 8, 2010 Public Hearing APPLICANT: M & T MANAGEMENT, INC. PROPERTY OWNER: OAK BREEZE, LLC STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Chance of Zoning approved by City Council on April 25, 2006 ADDRESS I DESCRIPTION: Seaboard Road and Golfwatch Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2403667967;2403666954; PRINCESS ANNE 2.43 acres — total Less than 65 dB DNL 2403665946;2403674043; (7 lots) 2403675241;2403676112; 2403677113 SUMMARY OF REQUEST The site was conditionally rezoned from AG -1 and AG -2 Agricultural District to Conditional R-15 Residential District on April 25, 2006. The 2.43 acres site was subdivided into eight lots and common open space for development of single-family dwellings. The proffer agreement provided for the site layout, dwelling sizes, building materials, and monies for acquisition of open space. The applicant desires a modification to Proffer 2 of the agreement. Proffer 2 addresses the sizes of the proposed dwellings. Currently one-story dwellings must be a minimum of 2500 square feet of enclosed living area, excluding garage, and two-story dwellings must be a minimum of 2800 square feet of enclosed living area, excluding the garage. The applicant desires to reduce the minimum size of the one- story dwelling to no less than 2,000 square feet of enclosed living area, excluding the garage, and reduce the minimum size of the two-story dwellings to no less than 2,300 square feet, excluding the garage. Each dwelling shall have a garage containing a minimum of 375 square feet of floor area. No increase in density is proposed with this request. M & T MANAGEMENT,, . C. ! 'A,Agenda 1 4 .. F 4 � � The Conditional Rezoning has six proffers: Proffer 1. When the Property is developed it shall be subdivided and landscaped substantially as depicted on the "CONCEPTUAL LAYOUT PLAN OF OAK BREEZE SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA FOR HERON RIDGE PROPERTIES", dated 03/20/06, and prepared by WPL. ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2. Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, each of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed living area, excluding garage for one-story and no less than 2800 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles. To be modified. Proffer 3. Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, all residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. Proffer 4. When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein. Proffer 5. The party of the first part recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of One Thousand Dollars ($1,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. Proffer 6. 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. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling existed on Lot 5 at the time of the rezoning. One single-family dwelling has been developed. The balance of the lots remain vacant. SURROUNDING LAND North: . Single-family dwellings / AG -2 Agricultural USE AND ZONING: South: . Single-family dwellings / AG -2 Agricultural M& T MANAGEMENT,. C. 'i" 1 4 East: . Seaboard Road • Across Seaboard Road are Single-family dwellings / AG -2 Agricultural West: . Golf Course / AGA Agricultural NATURAL RESOURCE AND Along the northern portion of the site are several mature trees, shrubs CULTURAL FEATURES: and underbrush. Along the southern portion of the site is a stand of cedar trees, which previously lined the old farm road into the now Heron Ridge Estates subdivision. There are no cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan recognizes this site to be within Transition Area of The Princess Anne Commons I Transition Area. The land use planning policies and principles focus strongly on promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to live, work, and play. CITY SERVICES City services are not affected by the modification of the proffers. EVALUATION AND RECOMMENDATION The applicant's request for a Modification to the Conditional Change of Zoning is acceptable. This proposal does not increase the number of dwelling units or change the exterior building materials to be used. The reduction of the square footage of the dwelling units does not affect the quality of the approved development. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(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," (§107(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: Condition numbered "2" as set forth in the 2006 Proffers is hereby deleted and the following modification to the Condition numbered "2" shall apply: M & T MANAMfMENT, ' C. agenda 1 4 1 .� f. 2. Except for the existing dwelling located on Lot 5 on the Subdivision Plat of Oak Breeze, each of the single-family residential dwellings to be constructed shall contain no less than 2000 square feet of enclosed living area, excluding the garage are for one-story and no less than 2300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage containing a minimum of 375 square feet of floor area. PROFFER 2: Except as expressly modified herein, all of the covenants, restrictions and conditions contained in the "2006 Proffers) are ratified and affirmed. PROFFER 3: 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. The City Attorney's Office has reviewed the proffer agreement dated June 21, 2010, 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 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 Departmen t 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. 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. M & T MANAGE MENT, y C. ,Agenda Itea 4 PAe 4 i Y y . m IC oil I Im PHOTOGRAPH OF EXISTING DWELLINGS- ,; # DATE REQUEST AC110N 1 4/25/06 Conditional Rezoning (AG -1 & AG -2 Agricultural to Conditional R-15 Approved Residential 2 9/18/89 Conditional Use Permit (Borrow Pit) Denied 4/20/93 Conditional Use Permit (Single-family dwellings) Approved 9/28/93 Conditional Use Permit (Golf Course) and Subdivision Variance Approved 6/28/94 Conditional Use Permit (Modify and enlarge golf course) Approved 7/8/97 Conditional Use Permit (Golf Course), Subdivision Variance, Approved Rezoning (AG -1 and AG -2 Agricultural to Conditional R-30 and R-20 Residential ZONING H M & T MANAGEMENT �genda I C. t4 a e7 C> 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 Hnecessary) M & T Management, Inc.: Thomas C. Broyles, President; Michael E. Barney, Vice President/SecretaryfTreasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ 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) Oak Breeze, L.L.C.: Michael E. Barney, Inc., a Virginia corporation, Manager, Michael E. Barney, President; Seashore Enterprises, L.L.C., Member, Michael E. Barney, Jason R. Barney and Scott R. Barney 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list ff necessary) ❑ Check here If the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 see next pays for footnotes MQd1=Wn of C0Wfta AppkxWn Popo 10 of 11 P*VIBW MOM DISCLOSURE STATEM£N'T_" . M & T MANAOEMENT,µ C. 4 agenda 1 4 PD-a"f 8 y DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List al 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, accenting services, and legal services: (Attach Not if neoessary) Sykes, Bourdon, Ahem & Levy, P.C. ' '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 ConfNct 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, (H) a controlling owner in one entity is also a controlling owner in the other entity, or (IN) 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 asset; 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 dose 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I arty responsible for obtaining and posting the required sign on the subject property at bast 30 days prior to the scheduled public hearing scco the instructions in this pecksgq M WT Mandhement Ines Q - - - i, 1 Rjoamcom a ca OW S pPIOMM pop 11 Gil, R"OW 94noo4 Thomas C. Broyles, President Punt Heflne Michael E. Barney. President of Michael E. Barney, Inc., Manager 0 Ate.. 0 0 V w O O A O DISCLOSURE ST :y1ACAIT i ti M & T MANAGEMENT, µ l C. f genda 1 4 Pa 9 x Item #4 M & T Management, Inc. Modification of Conditional Change of Zoning Seaboard Road & Golfwatch Lane District 7 Princess Anne September 8, 2010 CONSENT An application of M & T Management, Inc. for a Modification of Conditional Change of Zoning on property located at Seaboard Road and Golfwatch Lane, District 7, Princess Anne. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(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," (§107(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: Condition numbered "2" as set forth in the 2006 Proffers is hereby deleted and the following modification to the Condition numbered "2" shall apply: 2. Except for the existing dwelling located on Lot 5 on the Subdivision Plat of Oak Breeze, each of the single-family residential dwellings to be constructed shall contain no less than 2000 square feet of enclosed living area, excluding the garage are for one-story and no less than 2300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage containing a minimum of 375 square feet of floor area. PROFFER 2: Except as expressly modified herein, all of the covenants, restrictions and conditions contained in the "2006 Proffers) are ratified and affirmed. PROFFER 3: 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. The City Attorney's Office has reviewed the proffer agreement dated June 21, 2010, and found it to be legally sufficient and in acceptable legal form. Item #4 M & T Management, Inc. 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 cdl 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. 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 strartegies as they pertain to this site. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Eddie Bourdon appeared on behalf of the applicant. ABS 0 ABSENT 1 ABSENT In Reply Refer To Our File No. DF -7805 TO: Mark D. Stiles FROM: B. Kay Wilson#� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 14, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; M & T Management, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 26, 2010. 1 have reviewed the subject proffer agreement, dated June 21, 2010 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 ✓ FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS M & T MANAGEMENT, INC., a Virginia corporation CHRISTOPHER I. KENNEDY and SUSAN B. KENNEDY, husband and wife OAK BREEZE, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of June, 20io, by and between M & T MANAGEMENT, INC., a Virginia corporation, party of the first part, Grantor; CHRISTOPHER I. KENNEDY and SUSAN B. KENNEDY, husband and wife, parties of the second part, Grantors; OAK BREEZE, L.L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of five (5) lots within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.762 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels along with the parcel of the parties of the second and third part are hereinafter referred to as the "Property"; and GPIN: 2403-66-7967 2403-66-6954 2403-66-5946 2403-67-4043 2403-67-5241 2403-67-6112 2403-67-7113 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, 13ourdon, Ahern & Levy, P.C. 281 In&ependence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 WHEREAS, the parties of the second part are the owners of Lot number 4 within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.347 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the parcels of the party of the first and third part are hereinafter referred to as the "Property"; and WHEREAS, the party of the third part is the owner of Lot number 6 within the Oak Breeze Subdivision located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.354 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel along with the parcels of the party of the first and third part are hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated March 27, 2oo6, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 2oo6050400o682420 (hereinafter "2oo6 Proffers"), to reflect amendments applicable to the land use plan on the Property; 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 proposed modification of conditions to the zoning, 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 application gives rise; and 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 modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need 'For which is generated by the proposed modification. 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. Condition numbered "2" as set forth in the 20o6 Proffers is hereby deleted and the following modification to Condition numbered "2" shall apply: 2. Except for the existing dwelling located upon Lot 5 on the Subdivision Plat of Oak Breeze, each of the single family residential dwellings to be constructed shall contain no less than 2000 square feet of enclosed living area, excluding garage area for one-story and no less than 2300 square feet of enclosed living area for dwellings in excess of one-story. Each home shall have a garage containing a minimum of 375 square feet of floor area. 2. Except as expressly modified herein, all of the covenants, restrictions and conditions contained in the "2oo6 Proffers" are ratified and affirmed. 3. 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. The Grantor further covenants and agrees that: All references hereinabove to the R-15 District 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 accepi.ed 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. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory 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) Tlfe Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal: Grantor: M & T Management, Inc., a Virginia corpora 'on By:( /4 (SEAL) ) Thomas C. Broyles, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before 201o, by Thomas C. Broyles, President of M & T Manageme Grantor. —\ otary Public My Commission Expires: �3 Notary Registration No.: me this �`S day of June, Inc., a Virginia corporation, �M�YNgi#� s WITNESS the following signatures and seals: Grantors: Chr' to er I. Kennedy �ttACN�. F`{ tl L) Susan B. Kennedy STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foreg 201o, by Christoi My Commission Notary Registrat: _ day of June, Grantors. WITNESS the following signature and seal: Grantor: Oak Breeze, LLC, a Virginia Limited liability company By:_ Michael E. Barneyy Inc., a Virginia corporation, E. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged I 2oio, by Michael E. Barneyr4tre&ident of Michael E. B Manager of Oak Breeze, L.L C., a Vir is limited liabili- My Commission Expires Notary Registration No.: Notary Public ;? -,T/- aoi 1EANNA MAIMS SUM N Notory rublk �7ommonwoolfh of My ,-:: mmstgn Espwss DK 31,=3 AjotWion 133.1610 me this --2-S day of June, Inc., a Virginia corporation, ipany, Grantor. 1FnNNA MARIE S#WMW Oublic Cu; �irginie 2013 �s630 EXHIBIT "A" Lot is All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 1" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 20o6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 2007071600058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-7967 Lot 2: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 2" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 20o6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 2007071600058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-6954 Lot 3: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 3" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 20o6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 2007071600058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-66-5946 Lot 4: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 4" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 20o6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 2007071600058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-67-4043 Lot 6: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 6" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2oo6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 20070716o0058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-67-5241 Lot 7: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 7" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 2oo6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 20070716o0058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-67-6112 Lot 8: All that certain lot, piece, or parcel of land, located in the City of Virginia Beach, Virginia, together with all improvements thereon and any appurtenances thereunto belonging, designated and described as "Lot 8" as shown on that certain plat entitled "SUBDIVISION OF OAK BREEZE", dated July 26, 20o6, prepared by WPL, and recorded in the Clerk's Office of the Circuit Court of Virginia Beach Virginia, on July 17, 2007, as Instrument No. 20070716o0058070; reference being hereby made to said plat for a more particular description of said lot. GPIN: 2403-67-7113 AM\ModificationoTroffers\M & T Management\Oak Breeze\First Amendment to Proffer.doc is, M u• MOMM�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH/LENWOOD IRELAND, Conditional Use Permit, church, 528 S. Military Highway, Suite A (GPIN 1456382699). KEMPSVILLE DISTRICT. MEETING DATE: October 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a church to occupy a portion of a building on property currently zoned 1-1 Light Industrial District. The church proposes to lease 5,000 square feet of an existing building totaling 26,000 square feet. The majority of the building is used by an electrical contractor. The application indicates that at the church's current location, services average 90 people. Beyond Sunday services, the church plans on offering leadership training on Sunday mornings, Sunday school classes, prayer and bible study on Tuesday evenings, and additional Friday worship services twice a month. Clinics to provide information on health issues and an after school tutoring program are also planned at the site. ■ Considerations: The Comprehensive Plan recommends transitioning the heavier industrial uses along South Military Highway in this corridor to uses that are with more compatible with surrounding residential neighborhoods. These desired compatible uses include: medium density residential, office, hotel, and institutional uses. This proposal does just that, replace a portion of an industrially zoned building with an institutional use. Furthermore, this site provides growth opportunity for the church as well since there is ample parking on the site. The site plan depicts 48 parking spaces. With an average attendance of 90 people, only 18 parking spaces are required. Finally, the church will generally operate during off peak hours. The other occupant of the building, an electrical contractor, likely operates during normal business hours, as would be the case of most industrial users that could occupy that space. Staff is satisfied that this site, albeit zoned 1-1 Light Industrial, is an acceptable location for a church. Staff recommends approval of this request with the conditions below. Cornerstone City of Refuge International Church Page 2of2 There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any one service or activity shall not exceed the occupancy number to be 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's Office. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Managefx °� CLP for Church REQUEST: Conditional Use Permit (religious use) 1 September 8, 2010 Public Hearing APPLICANT: CORNERSTONE CITY OF REFUGE INTERNATIONAL CHURCH PROPERTY OWNER: ELIZABETH RIVER PROPERTIES, LLC STAFF PLANNER: Carolyn A.K. Smith ADDRESS / DESCRIPTION: 528 South Military Highway, Suite A GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14563826990000 KEMPSVILLE 84,901 square feet Less than 65 dB DNL LEASE SPACE: 5,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a church to occupy a portion of a building on property currently zoned 1-1 Light Industrial District. The church proposes to lease 5,000 square feet of an existing building totaling 26,000 square feet. The majority of the building is used by an electrical contractor. The application indicates that at the church's current location, services average 90 people. Beyond Sunday services, the church plans on offering leadership training on Sunday mornings, Sunday school classes, prayer and bible study on Tuesday evenings, and additional Friday worship services twice a month. Clinics to provide information on health issues and an after school tutoring program are also planned at the site. LAND USE AND PLAN INFORM; . IQ CORNERSTONE CITY OF REFUGE INTERNATIONAL CHU : CH 1`� 4 Agenda 1' 1 ` R", , { EXISTING LAND USE: warehouse/office for electrical contractor SURROUNDING LAND North: . Equipment rental & sales / 1-1 Light Industrial District USE AND ZONING: South: . Motor coach bus facility / 1-1 Light Industrial District East: . Auto storage / 1-1 Light Industrial District West: . South Military Highway • Single family dwellings/ R-10 Residential District NATURAL RESOURCE AND The property is located in the Chesapeake Bay watershed. There do not CULTURAL FEATURES: appear to be any significant environmental or cultural features on the site as it is almost entirely impervious. However, just to the west of the property, there is a ditch that is designated as floodplain. The existing building does not encroach into the floodplain. The majority of the site is developed with a parking lot and warehouse style building. COMPREHENSIVE PLAN: The property is located in Suburban Focus Area 8 — Military Highway Corridor. The general pattern of land uses along this corridor has remained essentially unchanged for decades. To the west is a low to medium density residential area and to the east are light industrial uses including auto and truck sales, rentals, and repairs, outdoor storage, and warehousing. Behind this industrial strip of land are Riverton and Lakeville Estates, both low-density, single-family residential neighborhoods (page 3-26). The Plan recommends that existing industrial uses in this corridor be replaced with more compatible uses such as medium density residential, office, hotel, and institutional uses. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway in the vicinity of this application is considered an 8 lane divided major urban arterial. The MTP proposes a divided facility within a 150 foot right-of-way. There are no roadway CIP projects slated for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Military 43,435 ADT 34,940 ADT (Level of Existing Land Use — Highway Service "C") - 64,260 Weekday: 226 ADT ADT' (Level of Service Sunday: 123 ADT "E") Proposed Land Use 3— Weekday: 46 ADT Sunday: 138 ADT Average Daily Trips Zas defined by building material store a as defined by with the addition of a 5,000 square foot church CORNERSTONE CITY OF REFUGE r - - INTERNATI NAL CHU. CH i" Pn '� 1 WATER & SEWER: This site is already connected to City water and sewer. There is an existing water meter that can be used or upgraded as necessary to accommodate the proposed development. An analysis of pump station #467 may be required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The Comprehensive Plan recommends transitioning the heavier industrial uses along South Military Highway in this corridor to uses that are with more compatible with surrounding residential neighborhoods. These desired compatible uses include: medium density residential, office, hotel, and institutional uses. This proposal does just that, replace a portion of an industrially zoned building with an institutional use. Furthermore, this site provides growth opportunity for the church as well since there is ample parking on the site. The site plan depicts 48 parking spaces. With an average attendance of 90 people, only 18 parking spaces are required. Finally, the church will generally operate during off peak hours. The other occupant of the building, an electrical contractor, likely operates during normal business hours, as would be the case of most industrial users that could occupy that space. Staff is satisfied that this site, albeit zoned 1-1 Light Industrial, is an acceptable location for a church. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The number of individuals attending any one service or activity shall not exceed the occupancy number to be 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's Office. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. *-- A ;-1 CORNERSTONE CITY OF REFUGE INTERNATI 'fl AL CHU� CH '2. Agenda I 1 AERIAL OF SITE WC,, 6,N, ,. CORNERSTONE CITY OF REFUGE INTERNATIONALCH ftCH Agenda 1, 1 Pale 4 r t �i L Mrg X AERIAL OF SITE WC,, 6,N, ,. CORNERSTONE CITY OF REFUGE INTERNATIONALCH ftCH Agenda 1, 1 Pale 4 Brockt-nan Avc: ow ...'""1 rM � 1 ¢ � 2 3 rr yefp�Zc ...a v t..A C, t.4 J[ a E iB€ L,.y A31,2 11I a f +a.,. �. w ac as ��ii ff_i ad v ,: i 'SS Z.i3S.$ A Ldla s.1 iSi.1 SLi.1 flr ra a«m,—.,.... 4 �««. PHOTOGRAPH OF CORNERSTONE CITY OF REFUGE INTERNATI ,L CHURCH enda If" I 1 11/14/06 CUP (bulk storage yard) Granted 12/03/02 CUP (bulk storage yard) Granted 12/06/94 CUP (recycling operation) Granted 07/12/94 CUP bulk storage and Granted ZONING CORNERSTONE CITY OF REFUGE INTERNATI 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) Cornerstone City of Refuge International Church - Dannie R Dudcsworth - Trustee; Jermaine Brown - Trustee; Otis Martin - Trustee 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) None 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) t �C,�zZJ�k>P ��y t.�ccD�E►z��s . \�r C- Lc�t.oees�F�.S�cc�s'j ►Zar3iA�•.a�--�LZe��i) 1 List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. T 8 2 See next page for footnotes C) 1==y _V CAF:)� 04 O Coes an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? O Coniftwl Use Perrnft AppOcation Paye 9 of 10 ReWsed 7/3/2007 DISCLOSURE STATEMENT CORNERSTONE CITY OF REFUGE INTERNATIONAL CHU sCH i'�genda It1 Page :a O H O V 11 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) ''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. 'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) 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 Departmard of Planning to photograph and view the site for purposes of processing and evaluating this application. Q-0-m4c R 7t04'- C.AT-1 u L :2ZJo�?2n.7r"vL-r�cC t_r_e Print Name LFA)cz o oD a . T Print Name CorM(tlonal use Penna npwicatlon Page 10 of 10 Revised 7/32007 DISCLOSURE CORNERSTONE CITY OF REFUGE INTERNAT STAT�I f. IMAL CHUCH 'Agenda It� 1 Item #1 Cornerstone City of Refuge International Church Conditional Use Permit 528 S. Military Highway District 2 Kempsville September 8, 2010 CONSENT An application of Cornerstone City of Refuge International Church for a Conditional Use Permit for a church on property located at 528 S. Military Highway, District 2, Kempsville. CONDITIONS 1. The number of individuals attending anyone service or activity shall not exceed the occupancy number to be 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's Office. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for came prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Pastor Dannie Duckworth represented the applicant. ABS 0 ABSENT 1 ABSENT p if olli'Mm N! CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: LIVING WORD GOSPEL CHURCH, Conditional Use Permit, church, 4971 Cleveland Street (GPIN 1477047425). KEMPSVILLE DISTRICT. MEETING DATE: October 26, 2010 ■ Background: The applicant requests a Conditional Use Permit to operate a religious facility in one of the units of an existing office building. The applicant will lease a 1,320 square feet suite of a 17,142 square foot office/warehouse building located on site. The applicant indicates that the church currently occupies the space as they were initially unaware of the requirement for a Conditional Use Permit. Religious services are held on Sundays from 9:30 a.m. to 2:00 p.m. and on Wednesday evenings from 7:00 p.m. to 8:00 p.m. The church currently has 40 members, and hopes to grow to about 60 members. The site consists of thirty-two parking spaces on the north side of building. Two access points are provided off Cleveland Street. No alterations to the exterior of building and parking lot are proposed. ■ Considerations: Staff finds that the current site design, as well as the applicant's proposal, does not fit the vision for this area identified as the Central Village District of the Pembroke Growth Area 4 Implementation Plan (SGA 4). It is understood, however that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private sector development trends and public policy create the energy to necessary to redevelop this area. The proposed church use has sufficient parking available on-site, and therefore should not negatively affect the surrounding properties. The Zoning Ordinance requires 12 parking spaces for a church with 60 seats. The existing site plan depicts 32 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional office hours, staff finds that the 32 parking spaces located on the site are sufficient for this use as well as other uses in the complex. Living Word Gcspel Church Page 2 of 2 While the existing site and building is designed to suburban standards not consistent with Comprehensive Plan recommendations, staff finds that the applicant's proposal is acceptable. The existing facility is adequate to house the proposed religious use without negatively affecting the surrounding community. Staff, therefore recommends approval of this request with the conditions listed below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-1, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending any one service shall not exceed the number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspection Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended) Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager . CUP- Rellylous Use REQUEST: Conditional Use Permit (religious use) ADDRESS / DESCRIPTION: 4971 Cleveland Street 2 September 8, 2010 Public Hearing APPLICANT: LIVING WORD GOSPEL CHURCH PROPERTY OWNER: MONDS RENTALS, LLC STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14770474250000 KEMPSVILLE 41,429 square feet Less than 65 dB DNL LEASE SPACE: 1,320 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious facility in one of the units of an existing office building. The applicant will lease a 1,320 square feet suite of a 17,142 square foot office/warehouse building located on site. The applicant indicates that the church currently occupies the space as they were initially unaware of the requirement for a Conditional Use Permit. Religious services are held on Sundays from 9:30 a.m. to 2:00 p.m. and on Wednesday evenings from 7:00 p.m. to 8:00 p.m. The church currently has 40 members, and hopes to grow to about 60 members. The site consists of thirty-two parking spaces on the north side of building. Two access points are provided off Cleveland Street. No alterations to the exterior of building and parking lot are proposed. LIVING WORD -`-- - , , ,PEL CHU.. CH "4 genda 1 2 y e. R- . LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building SURROUNDING LAND North: . Motor vehicle sales / B-2 Community Business District USE AND ZONING: South: . Warehouse and Office Buildings / 1-1 Light Industrial District East: . Motor vehicle repair / 1-1 Light Industrial District West: . Office buildings / 1-1 Light Industrial District NATURAL RESOURCE AND There are no cultural features or significant natural resources associated CULTURAL FEATURES: with this site as it is almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan indentifies this site to be within the Pembroke Strategic Growth Area 4. The Pembroke Strategic Growth Area Implementation Plan envisions this area as a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas (p 2-16). The Urban Districts Plan within the Pembroke Strategic Growth Area Implementation Plan establishes this area as the Central Village District. This district is generally bound by 1-264, Kellam Road, Broad Street and Witchduck Road, and is dominated by a wide range of light industrial uses, trade supply shops, auto oriented businesses and commercial uses. Recommendations for this area call for an eclectic, mid to low-rise mix of commercial and urban -residential uses. This area will include live -work, loft, and row -house residential buildings as uvell as smaller mixed-use commercial buildings with urban areas and pocket parks (p 2-18). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Cleveland street in front of this site is a two-lane undivided collector/local street. The Master Transportation Plan proposes an undivided facility within a 70 -foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. A roadway Capital Improvement Program is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business District surrot,inding Town Center. This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the area. The scope of services will include, but not be limited to, traffic studies, alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic design elements, public involvement, and development of a Comprehensive Transportation Plan with which the City can develop feasible projects in the Central Business District that will provide a benefit to the traffic flow in the area. LIVING WORD "!"00 4 'EL CFiU CIJ T"Y Agencia i Y TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Cleveland Street 7,456 ADT 9,900 ADT (Level of Existing Land Use — 59 Service "D") ADT Weekdays; 27 ADT Sundays Proposed Land Use 3-12 ADT Weekdays; 92 ADT Sunda s Average Daily Trips 'as defined by 1,320 square foot average retail a as defined by 1,320 square foot on weekdays and 60 member church on Sundays WATER & SEWER: This site connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION Staff finds that the current site design, as well as the applicant's proposal, does not fit the vision for this area identified as the Central Village District of the Pembroke Growth Area 4 Implementation Plan (SGA 4). It is understood, however that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become reality, and uses such as the applicant's will continue in this area until market forces, private sector development trends and public policy create the energy to necessary to redevelop this area. The proposed church use has sufficient parking available on-site, and therefore should not negatively affect the surrounding properties. The Zoning Ordinance requires 12 parking spaces for a church with 60 seats. The existing site plan depicts 32 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional office hours, staff finds that the 32 parking spaces located on the site are sufficient for this use as well as other uses in the complex. While the existing site and building is designed to suburban standards not consistent with Comprehensive Plan recommendations, staff finds that the applicant's proposal is acceptable. The existing facility is adequate to house the proposed religious use without negatively affecting the surrounding community. Staff, therefore recommends approval of this request with the conditions listed below. CONDITIONS 1. The number of individuals attending any one service shall not exceed the number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspection Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council. LIVING WORD 'EL CHU CH �''i -�►genda Its 2 4 NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LIVING WORD r r "A' L CHU CH :'* <'Aenda 1 PHOTOGRAPHS LIVING WORD ZONING HISTORY",,""' LIVING WORD G GATE REQUEST APPLICANT ACTION 1 11/23/1964 Zoning Change (MI -1 to MI -3) City of Virginia Beach Approved 2 03/10/1998 Conditional Use Permit Tench H. Phillips, Jr. Approved automobile repair) 3 10/24/2006 Modification of Conditions S & R Properties, LLC Approved 02/25/2003 Modification of Conditions S & R Properties, LLC Approved 01/26/1999 Conditional Use Permit (Bingo Hall 4 08/08/1995 Conditional Use Permit (motor Tench H. Phillips, Jr. Approved vehicle sales 5 06/25/2002 Conditional Use Permit (tattoo Joseph Dufresne/Ancient Art Approved parlor) Tattoo Studio Approved 08/14/2001 Conditional Use Permit (tattoo parlor) 6 02/01/2000 Conditional Use Permit Greg N. Winquist Approved automobile repair) 7 11/13/2001 Street Closure Miller/Parker Associates Withdrawn ZONING HISTORY",,""' LIVING WORD G 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) Li V—C,, Word 4cmpe'l Clvjr 2. List all businesses that have a parent -subsidiary' or affiliated -business entity2 rsfl-i relationship with the applicant: (Attach list if necessary) L(N�:C_ ❑ 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) A.r7-,6le- J 1.0 wgn•l d dc rr4, d: �. �yoN-•�s s�,.y �Q7 i /lbs `/.-.c 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. a see need ~for footr�otes O O Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No 2/ If yes, what is the name of the official or employee and the nature of their interest? 0 Pesorio Revised 7/=W? DISCLOSURE St`111Tr LIVING WORD GOff?CHUCH nEL Agenda 1 " 2 je y d D-- �� DISCLOSURE STATEMENT C� F" !� C,> 1100100014 P4 Ow r F."'( 1MM04 %M_0 A� Ay U7 IMM;) 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) A(CS)%.,e ''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" ineans'a relationship, other than parent - subsidiary relationship, that exists when (t) one business entity has a controlling ownership interest in the other business entity, (0) 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 dose working relationship between the entitles." 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 hes 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. L9-" NE �0 or U e rn Applicants Signathre Print Rhme Print Name Conditional Use Permit Applicefion Page 10d 10 R, M, 7/32007 DISCLOSU LIVING WORD X _ A .r. .-. NN 'EL✓CHU CH kgenda I " . 2. ; P; Item #2 Living Word Gospel Church Conditional Use Permit 4971 Cleveland Street District 2 Kempsville September 8, 2010 CONSENT An application of Living Word Gospel Church for a Conditional Use Permit for a church on property located at 4971 Cleveland Street, District 2, Kempsville. CONDITIONS 1. The number of individuals attending any one service shall not exceed the number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspection Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. This Conditional Use Permit is valid for three years from the date of adoption by the Virginia Beach City Council. 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 (OPTED) concepts and strategies as they pertain to this site. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE BERNAS AYE FELTON ABSENT HENLEY AYE HORSLEY ABS KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE Item #2 Living Word Gospel Church Page 2 STRANGE AYE Pastor George Coleman represented the applicant. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY and MANAGEMENT TEAM — CSA COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PENDLETON CHILD SERVICES MANAGEMENT BOARD PLANNING COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY COUNCIL WORKSHOP CANCELLED NOVEMBER 2, 2010 CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 10/26/IOgw CITY OF VIRGINL4 BEACH CERTIFICATE OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y `! V/E SESSION DATE: 10/12/2010 B F-1 MINUTES — September 28, 2010 APPROVED 10-0 Y A PAGE: 1 E Y D Y Y Y Y S L B E D H E W AGENDA L D S I S E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I/II/III/IV/ CERTIFICATE OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y `! V/E SESSION F-1 MINUTES — September 28, 2010 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y B S T A I N E D G/H1 PUBLIC HEARING NO SPEAKERS LAKE GASTON INGRESS — EGRESS EASEMENT Ashley Harrell - 36156 Burdette Road, Southampton Co I/J-1. Ordinance to AUTHORIZE documents ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to convey permanent ingress/egress CONSENT easement across Lake Gaston water line to ASHLEY HARRELL at 36156 Burdette Road, Southampton Co 2 Resolution to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y issuance/sale/execution of $20-M CONSENT Revenue Bonds/Refunding Revenue Bonds not to exceed 58-M re storm water utility system improvements 3 Resolution REQUESTING 2011 General ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y `! Assembly support legislation to meet the CONSENT City's goals/objectives in 2011 Legislative Agenda 4 Ordinance to AUTHORIZE documents ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y to accept rehabilitated property from WM CONSENT Jordan Co re housing for the Disabled at 1457 Ewell Road 5 Ordinance to TRANSFER $377,518 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Sheriffs Workforce Release Facility CONSENT Design/Site Selection to Inmate Services Fund Reserves for Contingencies re inmate benefits 6 Ordinances to TRANSFER funds from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Reserve to FYI 0-11 Operating Budgets: CONSENT a. $200,000 to City Attorney re Election Specialist redrawing the City's seven residence District Boundaries b. $175,000 to Housing/Neighborhood Preservation re Homeless assistance CITY OF VIRGINIA BEACH Resolution to endorse participation in ADDED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Mayor's Action Challenge for children ADOPTED, BY DATE: 10/12/2010 B and families initiative :for National League CONSENT PAGE: 2 E D S of Cities L E D H E W AGENDA L D S I Y E J S U I Y ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D ADD ON Resolution to endorse participation in ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Mayor's Action Challenge for children ADOPTED, BY and families initiative :for National League CONSENT of Cities K-1 S. DAWSON/SUSAN P. STERLING DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use" expansion of INDEFINITELY, existing dwelling at 801 Baltic Avenue BY CONSENT (DISTRICT 6 — BEACH) 2 VA BEACH RAQUET CLUB NORTH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOC Modification of Conditions re CONDITIONED improvements at indoor/outdoor tennis BY CONSENT courts/restrictions on inflatable covers at 1950 Thomas Bishop Lane (DISTRICT 5 —LYNNHAVEN 3 NEW CINGULAR WIRELESS PCS, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/CITY CUP re communications CONDITIONED tower at 1900 Sandbridge Road BY CONSENT DISTRICT 7 — PRINCESS ANNE 4 KROGER LIMITED APPROVED/ Y Y Y Y Y Y Y Y Y Y Y PARTNERSHIP I CUP re auto CONDITIONED :11-40 service/fuel station at 1800 Republic Road DISTRICT 6 — BEACH 5 OLD DOMINION SOCCER CLUB ALLOWED 11-0 Y Y Y Y Y Y Y Y Y Y Y (ODSQ/BROOK BAPTIST CUP re WITHDRAWAL open space lighted Soarer fields at 4397 Wishart Road (DISTRICT 4 — BAYSIDE L. APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION HISTORICAL REVIEIV BOARD Appointed 2 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term— 11/01/2010 — 10/31/2012 Debbie L. Helfant WETLANDS BOARD Appointed I1-0 Y Y Y Y Y Y Y Y Y Y Y unexpired term thru 09/30/2011 Kenneth D. Jobe M/N/0 ADJOURNMENT 6:14 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 10/12/2010 B PAGE: 3 E D S L E D H E W AGENDA L D S I E J S U I ITEM 4 SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D PUBLIC COMMENT No speakers CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010