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Home My WebLink AboutJANUARY 11, 2011CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAMD. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District a R/TA SWEET BELLITTO, At-Large GLENN R. DAMS, Rose Hall -District 3 W/LLIAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville -District 2 ROBERT M DYER, Centerville -District 1 BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHR/N, Beach -District 6 ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER - JAMES K SPORE CITY ATTORNEY --MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - L YNDON S. REM/AS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 11 January 2011 CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757J 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL BRIEFING -Conference Room - 2:30 PM 1. MAYOR'S ALTERNATIVE ENERGY REPORT - Dendron Power Plant Stephen R. Romine, Attorney, LeClairRyan II. CITY MANAGER'S BRIEFINGS I. AQUARIUM BLACKBAUDE SOFTWARE SYSTEM Lynn Clements, Director -Museums and Cultural Arts Gwen Cowart, Director -Communication and Information Technology 2. COMPARATIVE INDICATORS -Hampton Roads Cities David Bradley, Management Services Administrator 3. GOVERNOR'S PROPOSED BUDGET Catheryn Whitesell, Director -Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL 4:30 PM C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain Dave Cochran Virginia Beach Police Chaplain Association 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. BID OPENING 1. GOLF COURSE OPERATION Bow Creek, Kempsville Greens, Redwing I. CONSENT AGENDA J. ORDINANCES December 14, 2010 1. Ordinance to AMEND §2-3 of the City Code re term limits for members of City Council's appointed Boards and Commissions 2. Ordinance to AUTHORIZE acquisition of 215 North Birdneck Road for the Lighthouse Multi-Service Center to provide services for the Homeless 3. Ordinance to CONFIRM DECLARATION of a local emergency due to the December 2010 Winter storm 4. Ordinance to ACCEPT and APPROPRIATE $70,401 in Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) K. L PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use re demolition and rebuilding two structures at 801 Baltic Avenue near Shadowlawn (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of CHESAPEAKE ATLANTIC, LLC, for Modification of Conditions (approved 10/24/06) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 3. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home to be built at 3453 Robinson Road (DISTRICT 7 -PRINCESS ANNE) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway RECOMMENDATION APPROVAL 4. Application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing) at 1832 Tolstoy Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL Application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARK ASSOCIATES for a Conditional Use Permit re a child and adult special needs day care facility at 6056 Providence Road (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS BOARD APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ...................................... ............................... i*i ~+* . • .~ ,• ~ i i~~~~-~~~~~~a~~~~~~~~~~~~~~~i ~ * ~i CITY COUNCIL i + RETREAT ~~ 8:30 AM - 5:00 PM i FRIDAY and SATURDAY i i ~ ~j January 21-22, 2011 ~ '~ CONFERENCE ROOM ~ ,~ Suite 1000 * ~ i ~i 222 Central Park Avenue i i TOWN CENTER • •+ ~ 1 •t ............................ ~1 ~ ~~~~ ~-~~~a~ ~ ~~~~ ~~a ~ ~~-~ rrr~~~~i~~ ~ ~ i I. CITY COUNCIL BRIEFING -Conference Room - 2:30 PM 1. MAYOR'S ALTERNATIVE ENERGY REPORT - Dendron Power Plant Stephen R. Romine, Attorney, LeClairRyan II. CITY MANAGER'S BRIEFINGS 1. AQUARIUM BLACKBAUDE SOFTWARE SYSTEM Lynn Clements, Director -Museums and Cultural Arts Gwen Cowart, Director -Communication and Information Technology 2. COMPARATIVE INDICATORS -Hampton Roads Cities David Bradley, Management Services Administrator 3. GOVERNOR'S PROPOSED BUDGET Catheryn Whitesell, Director -Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Chaplain Dave Cochran Virginia Beach Police Chaplain Association 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. BID OPENING 1. GOLF COURSE OPERATION Bow Creek, Kempsville Greens, Redwing December 14, 2010 -53- Item V-J.1. ORDINANCES/RESOLUTIONS ITEM # 60518 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY CONSENT: Ordinance re BIDS for the Lease of three (3) municipally-owned golf courses at 3425 Club House Road (Bow Creek), 4840 Princess Anne Road (Kempsville Greens) and 1144 Prosperity Road (Red Wing) re maintenance and operation Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 14, 2010 ~\pU N{w ~~ HZ i~` ~~ ~i t Y, - Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on December 14, 2010, that bids shall be receivetl for leases of three (3) City- owned properties located at (1) 3425 Club House Road (Bow Creek)(2) 4840 Princess Anne Road (Kempsvllle Greens) and (3) 1144 Prosperity Road (Red Wing), for the purpose of maintaining and operating the golf courses. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on January 11, 2011, at 6:00 p.m., and after the reading of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter [o a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE TO AWARD A LEASE OF THREE MUNICIPALLY OWNED GOLF COURSES LOCATED AT (1) 3425 CLUB HOUSE ROAD (BOW CREEK)(2) 4840 PRINCESS ANNE ROAD (KEMPSVILLE GREENS) AND (3) 1144 PROSPERITY ROAD (RED WING) FOR THE PURPOSE OF MAINTAINING AND OPERATING THE COURSES A copy of the proposed ordinance, Including the lease to be awarded thereby, is on file and available for Inspection during normal business hours in the office of the City Attorney. Ruth Hodges Fraser, MMC City Clerk Beacon on December 30, 2010 & January 6, 2011 22066958 J. ORDINANCES 1. Ordinance to AMEND §2-3 of the City Code re term limits for members of City Council's appointed Boards and Commissions 2. Ordinance to AUTHORIZE acquisition of 215 North Birdneck Road for the Lighthouse Multi-Service Center to provide services for the Homeless 3. Ordinance to CONFIRM DECLARATION of a local emergency due to the December 2010 Winter storm 4. Ordinance to ACCEPT and APPROPRIATE $70,401 in Four-for-Life program funds from the Virginia Department of Health, Office of Emergency Medical Services re qualifying training and equipment for the Department of Emergency Medical Services (EMS) r ~~7 fC`4 g%77 1~ ~) / lD1 F ~ J~ -1 ti~ ~, ..~. ~.'d~.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 2-3 Pertaining to the Limitation on Terms of Members of Boards and Commissions MEETING DATE: January 11, 2011 ^ Background: The City Code sets forth term limits for City Council's appointees to its boards and commissions. A small number of Council's boards and commissions have requirements that make it challenging to find qualified appointees who are willing to volunteer the time required for board or commission service. For example, the Board of Building Code Appeals must be comprised of appointees with technical and professional expertise and certifications, but the City Code limits the number of consecutive terms that such volunteers may serve on the board. ^ Considerations: The attached ordinance would permit a majority of all of the members of City Council (as opposed to a simple majority of the members present at a given meeting) to appoint a volunteer to an additional term on a board or commission, notwithstanding the term limits that otherwise would apply, when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. ^ Public Information: This item will be advertised in the same manner as other agenda items. ^ Attachments: Ordinance Requested by the City Clerk 1 AN ORDINANCE TO AMEND SECTION 2-3 2 OF THE CITY CODE PERTAINING TO THE 3 LIMITATION ON TERMS OF MEMBERS OF 4 BOARDS AND COMMISSIONS 5 6 SECTION AMENDED: § 2-3 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-3 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec.2-3. Limitation on terms of members of boards and commissions; 15 application for appointment of such members. 16 17 ~ Any person appointed to a board or commission of the city shall be limited to: 18 19 (1) Eight (8) consecutive one-year terms. 20 (2) Four (4) consecutive two-year terms. 21 (3) Three (3) consecutive three-year terms. 22 (4) Two (2) consecutive four-year terms. 23 (5) Two (2) consecutive five-year terms. 24 25 The council shall limit its selections to those persons who have submitted 26 applications on forms approved by the council and on file with the city clerk. Each 27 member of the council may review the applications fifteen (15) days prior to the 28 appointment. 29 30 ~ Notwithstanding the provisions of subsection (a) above, City Council may, by an 31 affirmative vote of a majority of all of the councilmembers, reappoint a person to an 32 additional term beyond that permitted by subsection (a) when, by virtue of the unique 33 qualifications of the position or other extenuating circumstances, doing so would serve 34 the best interests of the City. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Clerk CA11756 R-2 January 3, 2011 ~~~ ` City Attorney's Office r~,QiM1'BF,i1 r` ~ f?+ ~~~ ~~) _, } `t. . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acquisition of 215 N. Birdneck Road for the Lighthouse Multi-Service Center MEETING DATE: January 11, 2011 ^ Background: Council approved project #3503000 "Lighthouse Multi-Service Center" as part of the 2010-2011 CIP 3-503. The Lighthouse Multi-Service Center will be operated by the City to provide services to the homeless currently offered at 825 18t" Street in the City of Virginia Beach. Staff has identified an approximately 1.53-acre parcel located at 215 N. Birdneck Road in the City of Virginia Beach (the "Property") as a suitable location for the Lighthouse Multi-Service Center. Staff has negotiated a purchase price of $700,000 for the acquisition of the Property with the sellers, Ronald and Leta Deangelis (the "Sellers"). Funding for the acquisition will come both from CIP and federal funds from the Department of Housing and Urban Development. ^ Considerations: This proposed site is considered the best available location for the Lighthouse Multi-Service Center considering all appropriate factors. ^ Public Information: Authorization to purchase the Property will be handled by the advertisement of City Council's Agenda. If Council authorizes the purchase, staff will undertake community outreach efforts regarding the new facility. ^ Recommendation: Approval of the acquisition of the Property. ^ Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighbo Preservation <`~~ City Manager: S k 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF 215 N. BIRDNECK ROAD FOR THE LIGHTHOUSE MULTI- SERVICE CENTER WHEREAS, Ronald and Leta Deangelis (collectively "Seller") own 1.53 +/- acres of real property located at 215 N. Birdneck Road, in the City of Virginia Beach, Virginia (the "Property"); WHEREAS, Seller desires to sell the Property to the City of Virginia Beach (the "City"); WHEREAS, the City has identified the Property as a potential site for the relocation of the Lighthouse Multi-Service Center; and WHEREAS, funding for the acquisition will come both from CIP and federal funds from the Department of Housing and Urban Development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council authorizes the acquisition of the Property by purchase pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is generally identified as GPIN 2417-55-2324 and 2417-55-4432 as shown on Exhibit A attached hereto. 2. That the City Manager or his designee is further authorized to execute any and all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are in accordance with the Summary of Terms attached hereto and incorporated herein, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: ~. De t of o s eighborhood Preservation APPROVED AS TO LEGAL SUFFICIE .-. City Attorney's Office CA-11433 \lvbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d010\p008\00059182.doc R-1 December 30, 2010 SUMMARY OF TERMS PURCHASE AGREEMENTS FOR 215 N. BIRDNECK ROAD BUYER: City of Virginia Beach SELLER: Ronald and Leta Deangelis PREMISES: Approximately 1.53 acres located 215 N. Birdneck Road, Virginia Beach, Virginia (GPIN 2417-55-2324 and 2417-55- 4432) PURCHASE PRICE: $700,000 1 ~ ~ 1 ~ -_ - ~ ~~ j`, ~~ ~~ ~ --. z ~ J= '~t / U ~ ~ ~ ~; ----~ t '~ ~ ~/ i 1-- ~_ _ ~ I ~ ' J N ~ I~ ~Q~ JN ~~17133N02Jf9' - ~ W :' -~ - - , .c I r~ u r _ ~ _ r -~ - 3~ ~~~ =~" ' - ~~ ~ ~, ~ a ~ z w ~. i ~I _ ¢ i ~ _ _ ~ o ~- i ~ , _ J Q rR ii i ~ ~ ~ -~ ~ iii m ~ j~J~ ~~ ,~ I i~-~ ~ ~ F W J OC ~ W '-_~ ~~~ ~' ~" ~CJ ;~ I N i 0 a W W 4 Q~ ~ ~ N = _ ~_ s t IS `~ ~ ~ C~ ~ i ~ ~ a ~_~ ~ I ~ o f ~ I ~- ~,, Its ~ - ¢ ; , r' ~ C- J - - ~ ~... I~ ~ .. , . ,,~. ~ ---- Q. ;, ~ o ~ ~ _ ~? ~: =x °"` - _ - - ~ iqG NUBFq ~~ FC4 . L "~~) ~~_ p1 1 ,~ ~' .," _ y ~'; ~~~4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Confirming the Declaration of a Local Emergency Due to the Threats Posed by December 2010 Winter Storm Event MEETING DATE: January 11, 2011 ^ Background: Virginia Code § 44-146.21 authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On December 26, 2010, the Acting City Manager issued a declaration of local emergency in light of the imminent threat of a winter storm event. The declaration was issued at noon on December 26, 2010 and concluded at 10:00 a.m. on December 28, 2010. The Acting City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of this unusual winter storm event. ^ Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency within 14 days. ^ Public Information: This ordinance will be advertised in the same manner as other Council agenda items. ^ Attachments: Ordinance and Declaration of Local Emergency Recommended Action: Approval City Manager: L F- • ~ 1 AN ORDINANCE CONFIRMING THE DECLARATION OF A 2 LOCAL EMERGENCY DUE TO THE THREATS POSED BY 3 THE DECEMBER 2010 WINTER STORM EVENT 4 5 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 6 emergency management to declare the existence of a local emergency, subject to 7 confirmation by the governing body; 8 9 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 10 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 11 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 12 Management and appointed the City Manager as the Director of Emergency 13 Management; and 14 15 WHEREAS, in response to the imminent threat of damage caused by a winter 16 storm event that began on December 25, 2010, the Acting City Manager, as the Director 17 of Emergency Management, issued a Declaration of Local Emergency at noon on 18 December 26, 2010. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That, pursuant to Virginia Code § 44-146.21, the City Council hereby confirms 24 the Declaration of Local Emergency issued by the Acting City Manager on December 25 26, 2010, a copy of which is attached hereto and incorporated by reference, and hereby 26 ends the declared emergency, effective December 28, 2010 at 10:00 a.m. Adopted by the Council of the City of Virginia Beach on the day of 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~tv~~JC City Manager's Office City Atto y's O e CA 11767 R-2 December 29, 2010 DECLARATION OF LOCAL EMERGENCY T, the undersigned, as the Acting City Manager and Director of Emergency Management far the City of Virginia Beach, find the imminent threat of severe winter storms, causing severe road conditions and the very real possibility of power outages, and the loss or interruption of vital City services posed by the December 2010 Winter Storm Event to be of sufficient severity and. magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach. In accordance with this Declaration, the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers, duties and functions prescribed by State a local law, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. Y Robert S. Herbert, Acting City Manager & Director of Emergency Management 12~Z_~2c~t~i ~2 ~t~?~ w~ (Date) (Time) 1~~ r~~•. Gf-SCt Tic : - ..::' ~7 fF ~2? ll'~ ~Vw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Office of Emergency Medical Services MEETING DATE: January 11, 2011 ^ Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code §46.2-694, the Four-for-Life program collects four dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned as grants to the municipality for enhanced training and equipment. These funds may only be used to purchase additional or enhanced equipment or fund training needs and may not be used to offset current services. From April through June 2010, additional revenue was received from the state totaling $70,401 for the FY 2009-10 grant allocations to the City. These funds are available for qualifying training and equipment. ^ Considerations: The Department of Emergency Medical Services recommends using this state revenue to purchase additional equipment and supplies to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. The following are examples of equipment and training to be purchased; however, the exact items may change if needs or circumstances change: • Additional all terrain vehicles (4) with trailers and supplies for search and rescue capabilities; and • Additional medical supplies to support EMS & Fire's 12 lead EKG program. In order to utilize the funds in time to meet the state's expenditure reporting requirements, they should be accepted and appropriated before March 2011. This grant does not require a local grant match. ^ Public Information: Public information will be handled through the normal agenda process. ^ Recommendations: Accept and appropriate funding for the Department of Emergency Medical Services. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Department of Emergency Medical Service City Manage • 5 ~ , ~~ 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $70,401 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services, and appropriated, with estimated state revenues increased accordingly, to the EMS State Four-For-Life Grant in the Grants Consolidated Fund of the FY 2010-11 Operating Budget for rescue equipment and medical supplies. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage ent Services ~ Attor y's Office CA 11762 R-2 December 29, 2010 K. PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use re demolition and rebuilding two structures at 801 Baltic Avenue near Shadowlawn (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 2. Application of CHESAPEAKE ATLANTIC, LLC, for Modification of Conditions (approved 10/24/06) to flip the building from the north to the south side of the property at 173 and 177 South Birdneck Road and 1228 Jensen Drive. (DISTRICT 6 -BEACH) RECOMMENDATION APPROVAL 3. Applications of ROY E. BRINN, JR. to subdivide the lot and allow an additional single family home to be built at 3453 Robinson Road (DISTRICT 7 -PRINCESS ANNE) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO). b. Floodplain Variance for the driveway RECOMMENDATION APPROVAL 4. Application of ELIZABETH CLAIRE for a Conditional Use Permit re a home occupation (publishing) at 1832 Tolstoy Drive (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION APPROVAL 5. Application of VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC/GSH COLLEGE PARK ASSOCIATES for a Conditional Use Permit re a child and adult special needs day care at 6056 Providence Road (DISTRICT 2 -KEMPSVILLE) RECOMMENDATION APPROVAL s. a~~.L ,~ ,~` ~ ¢ :>.rf NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 11, 2011, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT S. Dawson and Susan P. Sterling Application: NonconforminE Use at 801 Baltic Avenue (GPIN 2427133700). Chesapeake Atlantic, LLC, Modification of Conditional Chance of nin previously approved by City Council on October 24, 2006 at 173 and 177 South Birdneck Road and 1228 Jensen Drive (GPINs 2417426802; 2417427931; 24173267690006). Deferred on October 13, 2010. PRINCESS ANNE DISTRICT Roy E. Brinn, Jr. Application: Subdivision Variance at 3453 Robinson Road (GPIN 2412660458). Roy E. Brinn, 1r. Applicaton: Floodolain Variance at 3453 Robinson Road (GPIN 2412660458). Elizabeth Claire Application: ['onditional Use Permit for a home occupation at 1832 Tolstoy Drive (GPIN 2415716360). KEMPSVILLE DISTRICT Virginia Independence Training Organization, Inc./Gsh College Park Associates Application: Conditional Use Permit for an assembly use at 6056 Providence Road (GPIN 1456439800). 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 httu~//www vbgov com/oc For information call 385-4621. 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: DEC 30, 2010 & JAN 6, 2011 22067237 ,r' u" ~-,o~"' „may ~~.~ ~ ;;, :~ ~t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Reconstruction of a Nonconforming Use on Property Owned by S. Dawson and Susan P. Sterling and Located at 801 Baltic Avenue (GPIN 2427133700). BEACH DISTRICT. MEETING DATE: January 11, 2011 ^ Background: The applicant requests a change to a nonconforming use. Two single-family dwellings exist on the site. According to the City tax records the structures were built in 1938. The site is zoned R-5S Residential, which does not permit two single-family dwellings, thus the existing uses are nonconforming. In order for the applicant to replace the structures they must receive approval from the City Council. The applicant desires to demolish the structures and build two single- family dwellings on the site. The lot is shaped somewhat like a triangle with 102 feet of frontage along Baltic Avenue and 85 feet of frontage along Delaware Avenue. The larger single-family dwelling is 75 feet wide along Baltic Avenue and 53 feet in depth along Delaware Avenue. A very small portion of the front of the home, along Baltic Avenue, encroaches into the right-of- way. The existing deck along the side of the house is three feet from Delaware Avenue. The smaller single-family dwelling is 21 feet wide along Baltic Avenue and 25 feet in depth. A small portion of the structure and the brick steps and stoop encroach into the right-of-way. The applicant proposes to comply with the Shadowlawn Infill Development Compatibility Guidelines, adopted in 2003 as part of the Comprehensive Plan. The Guidelines were adopted as a means of insuring compatibility with the existing homes during infill development. While this area is not located in Shadowlawn the pattern of development is similar to that neighborhood. The proposed dwellings will be two and one-half stories in height and will not exceed the permitted 35 foot height limit. The architectural design of the proposed dwellings is a coastal beach cottage design. Both dwellings will be 21.5 feet in width, and 45 feet and 52 feet, respectively, in depth. The applicant will have to design the placement of the proposed dwellings to meet the required setbacks and lot coverage in the R-5S Residential district. The structures will have to meet a 20 foot setback from Delaware Avenue, an 18 foot setback from Baltic Avenue, a 20 foot setback from the eastern property line and an 8 foot setback from the northern property line. Additionally there must be a minimum of S. Dawson Sterling & Susan P. Sterling Page 2 of 3 10 feet between the proposed structures. The footprint of both structures must be designed so as not to exceed 35% of the lot area. The applicant must also design the site to accommodate two parking spaces for each dwelling. ^ Considerations: Staff recommends approval of this request. The proposed reconstruction is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable as submitted. ^ Recommendations: Staff recommends approval of this request to the City Council with the following conditions: The applicant /owner of the site shall submit a site development plan to the Development Services Center in the Planning Department for detailed site plan review before any building permits are obtained on the site. The site development plan shall depict the location of the proposed structures and parking areas on the site. Placement of the proposed dwellings shall adhere to the required yard setbacks for single-family dwellings in the R-5S Residential district. There shall be a minimum of 10 feet separation between the dwellings. 2. There shall be two 9 feet by 18 feet parking spaces for each dwelling. The parking space surface shall consist of porous pavers. Access to the parking shall be shared and limited to a single access point from Baltic Avenue. 3. The architectural design of the proposed dwellings shall be of a coastal beach cottage design and shall substantially adhere to the submitted elevations in the file. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The applicant /owner shall provide a minimum of 600 square feet of canopy cover on the site. Information regarding the recommended plant species for residential areas can be found in Appendix E -Tree Planting, Preservation and Replacement Ordinance of the City Code. 5. The applicant /owner shall provide a minimum of a three foot planting bed around the building wall foundations facing Baltic Avenue and Delaware Avenue. 6. The area between the sites, Delaware Avenue, shall not be developed and or used for parking. ^ Attachments: Staff Review and Disclosure Statements S. Dawson Sterling & Susan P. Sterling Page 3 of 3 Minutes of Planning Commission Hearing Location Map Resolution Recommended Action: Staff recommends approval. Submitting DepartmentlAgency: Planning Department City Manager. '~',~ , ~ S. Da~~ son Sterling & Susxi~ P. Sterling ~~d < 5 A36 \ 1\ Lake Fiouy ~ R5S 1 ~~ `` ~, ~ - -- ~\ ~ - -, , _, ~ , ~: ~~ ~ ~~ . ,,, . ,, ,~ Non-Conforming Use REQUEST: Reconstruction of a Nonconforming Use ADDRESS /DESCRIPTION: 801 Baltic Avenue January 11, 2011 City Council APPLICANT AND PROPERTY OWNER: S . DAWS O N STERLING AND SUSAN P. STERLING STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24271337000000 BEACH 6,784 square feet 70-75 dB DNL SUMMARY OF REQUEST The applicant requests a change to a nonconforming use. Two single-family dwellings exist on the site. According to the City tax records the structures were built in 1938. The site is zoned R-5S Residential, which does not permit two single-family dwellings, thus the existing uses are nonconforming. In order for the applicant to replace the structures they must receive approval from the City Council. The applicant desires to demolish the structures and build two single-family dwellings on the site. The lot is shaped somewhat like a triangle with 102 feet of frontage along Baltic Avenue and 85 feet of frontage along Delaware Avenue. The larger single-family dwelling is 75 feet wide along Baltic Avenue and 53 feet in depth along Delaware Avenue. A very small portion of the front of the home, along Baltic Avenue, encroaches into the right-of- way. The existing deck along the side of the house is three feet I j~ S. Dawson Sterling and Sus January 11, 2011 City Cc P ~~ ' .an . Sterling ~ ) -uncil Meeting `D~',', Page 1 • r~' w .~. from Delaware Avenue. The smaller single-family dwelling is 21 feet wide along Baltic Avenue and 25 feet in depth. A small portion of the structure and the brick steps and stoop encroach into the right-of-way. The applicant proposes to comply with the Shadowlawn Infill Development Compatibility Guidelines, adopted in 2003 as part of the Comprehensive Plan. The Guidelines were adopted as a means of insuring compatibility with the existing homes during infill development. While this area is not located in Shadowlawn the pattern of development is similar to that neighborhood. The proposed dwellings will be two and one-half stories in height and will not exceed the permitted 35 foot height limit. The architectural design of the proposed dwellings is a coastal beach cottage design. Both dwellings will be 21.5 feet in width, and 45 feet and 52 feet, respectively, in depth. The applicant will have to design the placement of the proposed dwellings to meet the required setbacks and lot coverage in the R-5S Residential district. The structures will have to meet a 20 foot setback from Delaware Avenue, an 18 foot setback from Baltic Avenue, a 20 foot setback from the eastern property line and an 8 foot setback from the northern property line. Additionally there must be a minimum of 10 feet between the proposed structures. The footprint of both structures must be designed so as not to exceed 35% of the lot area. The applicant must also design the site to accommodate two parking spaces for each dwelling. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Two single-family dwellings occupy the site. SURROUNDING LAND North: Lake Holly USE AND ZONING: South: Delaware Avenue East: Lake Holly West: . Baltic Avenue NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this area within the Resort Strategic Growth Area 8. The Resort Area Strategic Growth Action Plan recognizes the need for appropriate transitional land use between intense commercial uses and established neighborhoods in the resort area. CITY SERVICES WATER and SEWER: This site is connected to city water and sewer. The existing water meter may be used or upgraded to accommodate the proposed redevelopment. S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 2 Staff recommends approval of this EVALUATION AND RECOMMENDATION request. In the absence of adopted development guidelines for this residential section of the Oceanfront staff usually recommends that an applicant use the Old Beach Design Guidelines or the Shadowlawn Infill Development Compatibility Guidelines. The applicant has chosen to use the Shadowlawn guidelines. Utilization of the following design and land use compatibility principles can help to ensure that new dwelling structures constructed are integrated into the character of the neighborhood and are less likely to negatively impact adjoining dwellings. Designing a dwelling to satisfy the factors will no doubt be more difficult than utilizing a design that simply fits the site and the accompanying zoning restrictions. The result, however, will be dwellings that are compatible to the surrounding dwellings, in respect to design and land use. The Guidelines recommendations are listed below. Staff has added comments following each recommendation with regard to the proposal. Height, Width, and Proportion New infill structures should be constructed at a height that is compatible to the adjacent structures. If at all possible, the new dwelling should have the same number of stories as the dwellings on either side or be within 15% of the height of those dwellings. The majority of the dwellings in this area are one-story, two-story, and occasionally three-stories in height. The proposed dwellings are two and one-half story in height. Equally important to the height factor for a new infill structure is the width factor. The existing dwellings currently fi1196 feet of the width of the site along Baltic Avenue and 44 feet of length along Delaware Avenue. The separation between the existing dwellings is three feet. The width of the proposed dwellings is 21.5 feet and the length is 45 feet and 52 feet respectively. Staff will require a minimum 10 foot separation between the proposed dwellings. The relationship of the new structure's width to height establishes its proportion. The proportion of the new structure should be as similar and compatible with the proportion of existing adjacent structures. For example, if in adjacent dwellings, the proportion of the structure is such that for every one foot of height the width is one and one-half feet, the new infill structure should have a proportion as close to that as possible. Surrounding homes in the immediate area vary in height from one story to two stories. Location on Site /Setbacks / Relationship to the Street • Probably the key factor in ensuring that a new infill structure possesses land use and aesthetic compatibility to the neighborhood is in the relationship of the structure to the street and to the adjacent structures. In order to have that relationship in a manner similar to the adjacent structures, all of the factors discussed in this section must be successfully satisfied. If a good relationship is achieved, two objectives will be met: first, the streetscape (the appearance of all of S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 3 the buildings, landscaping, and other site improvements on a street seen as a whole) will be maintained, and second, the potential for negative land use impacts to adjacent properties will be reduced. The structures will have to meet a 20 foot setback from Delaware Avenue, an 18 foot setback from Baltic Avenue, a 20 foot setback from the eastern property line and an 8 foot setback from the northern property line. Additionally there must be a minimum of 10 feet between the proposed structures. The location of the structure on the site should be such that the new dwelling does not disrupt the existing rhythm of building width and spacing and does not have setbacks, which vary significantly from the predominant setbacks in the neighborhood. Absent of a submitted site development plan the applicant will have to meet all the required setbacks and lot coverage for the R-5S Residential district. The existing dwellings currently encroach into the right-of-way and do not meet the required setbacks. Placement of the new structures on the lot will reduce the current visual impact. Currently of the 102 feet length of the lot along Baltic Avenue, 96 feet is filled with structures. The proposed dwellings are 21.5 feet in width, and will have to be set back 20 feet from Delaware Avenue and 18 feet from Baltic Avenue. Additionally there will have to be a 10 foot separation between the structures. The front yard setback should meet the requirements of the Zoning Ordinance, while at the same time, be consistent with the front yard setbacks of the adjacent structures. In some cases, it might be necessary to encroach into the required rear yard setback due to the need to have a dwelling that has adequate floor area but still maintains proper height and width proportions. Staff recommends the proposed dwellings meet the required yard setbacks. Materials and Details • Compatibility cannot be achieved if the building materials used on the facade (outside visible wall) of the structure and the details (windows, doors, decoration) differ substantially from those predominantly found on the other dwellings in the neighborhood. The common facade materials in Page C - 10 Special Purpose Guidelines Shadowlawn are brick and clapboard-style siding (wood and vinyl). New infill structures, therefore, should utilize brick or clapboard-style siding on the exterior facade. Use of materials such as Dryvit, stucco, or grooved plywood would reduce the possibility that the new structure would be compatible to the neighborhood. Exterior building materials shall comply with the recommendations. • Similarly, compatibility can only be achieved if the decorative and functional details of the structure are as similar as possible to the surrounding dwellings. For example, if the surrounding dwellings commonly utilize multi-pane, double-hung windows, of a certain proportion, then the windows to be installed in the new structure should be as similar as possible to them in those respects. Installation of windows with large areas of glass and of irregular shapes probably would not be appropriate. The proposed dwellings are "coastal beach cottage" design which complements the surrounding area. Parking If dealt with successfully, the manner in which the parking is arranged can ensure compatibility of the new dwelling to the surrounding dwellings. The predominant method of parking in the neighborhood is either on the street or on a single-stack driveway. This method of parking arrangement permits the remainder of the front yard area to be left as open space and lawn. New structures should try to achieve the same effect by installing asingle-stack driveway and leaving the remaining portion of the front yard as open space or lawn. The paving of the entire front yard area is not desirable, because it will greatly reduce the potential compatibility of the dwelling with the surrounding dwellings. If it is absolutely necessary to utilize the entire front yard area for S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 4 parking, the surface material should be of a type that permits a lawn groundcover to grow through, such as porous pavers. Each dwelling will require two 9 feet by 18 foot parking spaces. Staff will review the location of the proposed parking area during detailed site plan review to insure a minimal amount of yard is used. The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable as submitted. CONDITIONS The applicant / owner of the site shall submit a site development plan to the Development Services Center in the Planning Department for detailed site plan review before any building permits are obtained on the site. The site development plan shall depict the location of the proposed structures and parking areas on the site. Placement of the proposed dwellings shall adhere to the required yard setbacks for single-family dwellings in the R-5S Residential district. There shall be a minimum of 10 feet separation between the dwellings. 2. There shall be two 9 feet by 18 feet parking spaces for each dwelling. The parking space surface shall consist of porous pavers. Access to the parking shall be shared and limited to a single access point from Baltic Avenue. 3. The architectural design of the proposed dwellings shall be of a coastal beach cottage design and shall substantially adhere to the submitted elevations in the file. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. The applicant /owner shall provide a minimum of 600 square feet of canopy cover on the site. Information regarding the recommended plant species for residential areas can be found in Appendix E -Tree Planting, Preservation and Replacement Ordinance of the City Code. 5. The applicant /owner shall provide a minimum of a three foot planting bed around the building wall foundations facing Baltic Avenue and Delaware Avenue. 6. The area between the sites, Delaware Avenue, shall not be developed and or used for parking. S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 5 NOTE: Further conditions maybe 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 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 (OPTED) concepts and strategies as they pertain to this site. S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 6 .;~ `„~~ AERIAL OF SITE L S. Dawson Sterling and Susan P. Sterl January 11, 2011 City Council Meet Pag~ ., s~":. _ .~~~ ~~ ~g ~g ~'~~~: ~~ ~~~ ., 7 `}, .-~1 s a" a 0 S r ~£ O ~~^_ '~ ~ ~~~~ ~~~~~ ~~:R~~u~R~ 1~ ~ ~ ~~$ gi m ~~~~ 8 N' ~ ~p~ o = _ 1 a o U) m C y^ '~~ 49 ~ 11.10' ~~~. araru• E i s..lo• roru VIRgN1A COURT Y B. 11) P. K ~~~~~ >x~~~ N~ $~ 34~ ~ e ~ ~ a EXISTING CONDITIONS S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 8 N~ ~ ~ <9 I 1 ~F v_ ~~~ d ~)1 ~I ~ .~ m az ~°~ a0 I $~ 1 r~ ~a J a t~7y d b - y I ~ ~ i , ~ds~~. ~ z ~ ~ ~~ 1 a __ Y ~p 0~~. .u~ ~~~~ m I gR ' d ~ ,ib o ~: f ~ I N -- ; ~ 1 _ k ~t ~ ~ ~' - i ill ~, ~ ~ ~~i ~(, ~~~ ---_J Sb.Oq /~ _ -_g ~ _._._ ~ ~~2 _ DELAWARE AVENUE (50' R/YY) . • 1 » 'r o ~ (1010 S1gEE1 PNi)____--__.___._CK .._______- s alno'no' • 1 I / I M._ ~L~= _~ R4~ F ~ / F C Y v~ I ~ ~' e i ' i ~ v} ~~ ~ ./ z P ~li 1 w_m) I _ u r ) / \:e 4 ~ A :~ D 8 m ' o ~ ~ ' x ~ : ~ Cottage 441-1 Cottage Plan 441-1 Additional House Features Square Feel 1688 Walk-In Closet Bedrooms 3 Upstairs Master Bdrm Covered Rear Porch Baths 3 Grill Deck/Sundeck Garage Stalls 2 Upstairs Bedrooms/Bath Levels 3 Side-Entry Garage Upstairs Laundry Suited For Narrow Lot Main Fbor Area 74o Rear Garage Upper Floor Area 595 Suited For Corner Lot Den/OfficelStudy/Computer Lower Flow Area 353 Architectural Styles Classifications Garage Area 387 v~r~drh 21'6" Traditional Style ~eplh 45' Roof Pdch 10:12 8 8:12 ADVICE & ORDERING t-888-705-1300 MONDAY-FRIDAY 6AM-6PM PST copynghletl by designer S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 9 Cottage 441-2 Cottage Plan 441-2 Additional House Features Square Fee! 1769 Welk-In Closet Bedrooms 3 Upstairs Master Bdrm Kitchen Island Baths 2.5 Covered Front Porch Garage Stalls 2 Upstairs Bedrooms/Bath Levels 3 Upstairs Launtlry Suited For Narrow Lot Rear-Entry Garage Main Fbor Area 939 Open Floor Plan Upper Floor Area 237 Architectural Styles Classifications Lower FloarArea 613 Traditional Style Garage Area 400 Widlh 21' 6" Depth 62' 10,12 Roof Pilch & 4:12 ADVICE & ORDERING 1-888-705-1300 MONDAY-FRIDAY 6AM-6PM PST wpyrigh;ed by designer PROPOSED BUILDING ELEVATION S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 10 # DATE REQUEST AC TION 1 12/5/06 Conditional Use Permit Outdoor Recreation -Skateboard Ram A roved ZONING HI S. Dawson Sterling and January 11, 2011 City "~-.. _~ i TORY ~, san P. Sterling ~~ s ouncil Meeting Page 11 ~. Z O W cn ~`- G O w z 0 V O Z 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, eta below: (Attach list if necessary) S. Dawson Sterling and Susan P. Sterling 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ 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 properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list !I necessary) S. Dawson Sterling and Susan P. Sterling 2. List all businesses that have aparent-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. & See nett page for footnotes Does 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? Non-COnforminp Uee Applicatbn Paa~ 8 of 9 Revised 713/07 DISCLOSURE STATEMENT S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCL08URE3 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) Ilam, Pldvell, Cox 8 Teyloe, P.C. - Attorney Gallup Surveyors 6 Engineers, Ltd. -Survey ' "Parent-subsidiary relationship" means "a relafwnship 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 ealationship' means's relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factoro that should be considered in determining the existence of an affiliated business entity rolationship include that the same person or wbstantialy 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 empbyees 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 certiry that the information contained herein is true and accurate. I understand that, upon rocslpt of notMeathn (postcard) that the application has bean scheduled for public hearing, I am responsible for obtaining and posting the requirod sign on fhe subject property at least 30 days prior to the scheduled public hearing seeording 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 proeeuing and evaluating this application. ~~~~ `~'"t}-,-~ S. Dawson Sterling Applicant's Signature ~~ ~- Print Name Property Owner's Signature (if differont than applicant) Print Name Non-Canformfnp Use APPgtatbn Pape 0019 ReNaad 713107 O 1~1 V ~~~ W I~~ rTO 0 V O S. Dawson Sterling and Susan P. Sterling January 11, 2011 City Council Meeting Page 13 1 A RESOLUTION AUTHORIZING THE 2 RECONSTRUCTION OF A NONCONFORMING USE 3 ON PROPERTY OWNED BY S. DAWSON AND 4 SUSAN STERLING AND LOCATED AT 801 BALTIC 5 AVENUE 6 7 8 WHEREAS, S. Dawson and Susan Sterling, (hereinafter the "Applicants") have 9 made application to the City Council for authorization to reconstruct a nonconforming 10 use having the address of 801 Baltic Avenue, in the R-5S Residential District, by 11 demolishing two single-family dwellings on a single parcel and reconstructing both 12 single-family dwellings on the parcel; and 13 14 WHEREAS, two single-family dwellings located on one parcel is nonconforming 15 as two dwellings are not allowed on one parcel in the R-5S Zoning District; and 16 17 WHEREAS, both single-family dwellings were constructed prior to the adoption of 18 the applicable regulations; and 19 20 WHEREAS, both single-family dwellings will be demolished and reconstructed on 21 the parcel; and 22 23 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 24 reconstruction of a nonconforming use is unlawful in the absence of a resolution of the 25 City Council authorizing such action upon a finding that the proposed use, as 26 reconstructed, will be equally appropriate or more appropriate to the zoning district than 27 is the existing use; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council hereby finds that the proposed use, as reconstructed, will 33 be equally appropriate to the district as is the existing use under the conditions of 34 approval set forth hereinbelow. 35 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 37 BEACH, VIRGINIA: 38 39 That the reconstruction of the nonconforming use is hereby authorized, upon the 40 following conditions: 41 42 1. The applicant /owner of the site shall submit a site development plan to the 43 Development Services Center in the Planning Department for detailed site 44 plan review before any building permits are obtained on the site. The site 45 development plan shall depict the location of the proposed structures and 46 parking areas on the site. Placement of the proposed dwellings shall adhere 47 to the required yard setbacks for single-family dwellings in the R-5S 48 Residential district. There shall be a minimum of 10 feet separation between 49 the dwellings. 50 51 2. There shall be two 9 feet by 18 feet parking spaces for each dwelling. The 52 parking space surface shall consist of porous pavers. Access to the parking 53 shall be shared and limited to a single access point from Baltic Avenue. 54 55 3. The architectural design of the proposed dwellings shall be of a coastal 56 beach cottage design and shall substantially adhere to the submitted 57 elevations in the file. Said elevations have been exhibited to the Virginia 58 Beach City Council and are on file in the Planning Department. 59 60 4. The applicant /owner shall provide a minimum of 600 square feet of canopy 61 cover on the site. Information regarding the recommended plant species for 62 residential areas can be found in Appendix E -Tree Planting, Preservation 63 and Replacement Ordinance of the City Code. 64 65 5. The applicant /owner shall provide a minimum of a three foot planting bed 66 around the building wall foundations facing Baltic Avenue and Delaware 67 Avenue. 68 69 6. The area between the sites, Delaware Avenue, shall not be developed and 70 or used for parking. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 73 of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department CA11766 / R-1 /December 28, 2010 City A 's Office -44- Item V J. 8. PLANNING ITEM # 55738 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, ,City Council ADOPTED Ordinance upon application of CHESAPEAKE ATLANTIC, L.L.C ORDINANCE UPON APPLICATION OF CHESAPEAKE ATLANTIC, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-10 TO CONDITIONAL 1-1 LIGHT INDUSTRIAL DISTRICT 2010061268 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Chesapeake Atlantic, L.L.C. for a Change of Zoning District Classification from I-1 Light Industrial District and R- 10 Residential District to Conditional 1-1 Light Industrial District on property located at 173 & 177 South Birdneck Road and 1228 Jenson Drive, for the purpose of developing office-warehouse units 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 a part of the record. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty fourth of October Two Thousand Six. Voting: 9-1 (By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf C •~ i t c u d r y ,O fi O V v.. O O NU y~ S~p4 ~`~_~r~ 2~~ ~( s~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHESAPEAKE ATLANTIC, LLC, Modification of Conditional Change of Zonin ,previously approved by City Council on October 24, 2006, 173 8~ 177 S. Birdneck Road & 1228 Jensen Drive (GPINs 2417426802; 2417427931; portion of 24173267690006). BEACH DISTRICT. MEETING DATE: January 11, 2011 ^ Background: The applicant is requesting a modification of the Conditional Change of Zoning, granted on October 24, 2006, for the primary purpose of flipping the location of the building from the northern side of the property, which is adjacent to other industrial uses, to the southern side of the property, which is adjacent to single-family dwellings. ^ Considerations: The initial proposal in 2006 had opposition from adjacent property owners. During the Planning Commission Hearing, residential property owners on both the southern and the northern side of this site voiced concerns about the proposed land use and site layout, citing noise, buffering, fencing, and hours of operation. Due to the concern about the hours of operations, the applicant added Proffer 4 to the 2006 Conditional Zoning Agreement at the request of the Planning Commission. When the current application was submitted, staff, being aware of the past concerns of the neighboring property owners, advised the applicant to contact the adjacent property owners to discuss the requested revisions. The applicant met with the community on April 5, 2010. The primary outcome of the meeting was the community's expression of serious concerns regarding the management, or lack thereof, of stormwater runoff. The community did not determine a position regarding the applicant's proposed change in the site plan. After the community meeting, the owner of the adjacent industrial property did meet with the applicant to work out stormwater runoff issues. A plan was presented to the City's Development Services Center for approval of the adjacent industrial property's revised stormwater management plan to alleviate issues on residential lots until this proposal was approved for construction. In recent conversations, the adjacent property owner has not begun work to alleviate stormwater issues. This proposal has been designed to also address the stormwater drainage concerns by the neighbors. In addition, the revised building elevations were not a topic of the April 5, 2010 meeting and the applicant was to meet with the neighborhood once again to discuss the revised elevations. The applicant did meet with the community on September 13, 2010 to Chesapeake Atlantic, LLC Page 2 of 3 discuss the revised building elevations. The building elevations were presented and the reduction in height to a maximum of 28 feet from the initial proposal of 35 feet discussed. At the meeting, a question was asked about the addition of the word "manufacturing" in the proffers but was not discussed due to a time constraint. This was included to clarify that the applicant was in the manufacturing business. The applicant manufactures sauces. The wording of the term manufacturing in Proffer 4 and Proffer 6 has been further revised to reduce confusion of what may be manufactured at this site. Staff recommends approval of this proposal with the revisions to the Proffers and the revised building elevations. 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 11-0, 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: When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Landscape Plan"). PROFFER 2: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Layout Plan, Exhibit A, Chesapeake Atlantic, LLC" dated April 12, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Layout Plan"). PROFFER 3: When the property is developed, it will be developed substantially as shown on the two sheets of the rendered building elevations entitled "Chesapeake Atlantic, LLC", dated June 7, 2010 prepared by Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Building Elevations"). PROFFER 4: The use of the Property shall be only office /warehouse /food processing. Chesapeake Atlantic, LLC Page 3 of 3 PROFFER 5: The grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and property of the Grantor. PROFFER 6: The hours of operation of the office /warehouse /food processing facility will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. PROFFER 7: Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. PROFFER 8: All mechanical equipment must be located on the roof and screened from view. PROFFER 9: All stormwater management facilities, including swales must be maintained by the Property Owner. PROFFER 10: 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 City Attorney's Office has reviewed the proffer agreement dated November 16, 2010, and found it to be legally sufficient and in acceptable legal form. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. :~'W.. Submitting Department/Agency: Planning Department P ~'' City Manager: S ~• "~~ ~ t ~hf•~a ~eake Atlantic, LI.(' ^~ PJ DRIV R7. ~ \; ~ ~ Z L %~ ' _ ~ ._ 11 // ~ ;; y .-- ~ U/.. ~~ ~ ~ ..., •i i ~i ~ ~' i 111 ~ ~ ~ ~ ~~---_' ~ff ~ ~ ~ '~, .. ~1 ~ .~ ~ ~ 10•' I j \ ;R10 ~ --- ~- A ~` - 'Zrn'"a WA" ~ca°~' Contl""'"~'~"""' Modification of Conditions REQUEST: Modification of Conditional Change of Zoning approved by the City Council on October 24, 2006 ADDRESS /DESCRIPTION: Properties located at 173 and 177 Birdneck Road and 1228 Jensen Drive. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24174268020000 BEACH 2.75 acres -Greater than 75 dB DNL 24174279310000 -Within APZ I 24173267690000 portion -Encumbered by of easements owned by Dept of US Navy APPLICATION HISTORY: After hearing the application on January 13, 2010, Planning Commission deferred this application for sixty days in order for the applicant to meet with the adjacent neighbors. The applicant met with the adjacent neighbors on April 1St and was recommended for approval at the April Planning Commission Hearing. The application was then scheduled for the May 25th City Council Hearing. It was prior to this hearing that staff learned that the proffered building elevations had been revised. City Council referred this application back to Planning Commission for review of the revised building elevations. The applicant met with the Seatack Community Civic League on September 13, 2010 regarding the revised building elevations. The applicant has also discussed revisions of the proffer agreement and made the changes as agreed upon. 22 December 8, 2010 Public Hearing APPLICANT /PROPERTY OWNER: CHESAPEAKE ATLANTIC, LLC SUMMARY OF REQUEST The applicant is requesting a modification of the Conditional Change of Zoning, granted on October 24, 2006, for the primary purpose of flipping the location of the building from the northern side of the property, which is adjacent to other industrial uses, to the southern side of the property, which is adjacent to single- CHESAPEAKE STAFF PLANNER: Karen Prochilo ~.~~~ ANTIC, LLC ida Item 22 Page 1 ++-i r ~ ~ ~ ~.sc family dwellings. The 2006 Conditional Rezoning from I-1 Light Industrial District and R-10 Residential District to I-1 Light Industrial District has the following six proffers: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Conceptual Site Layout & Landscape Plan of Chesapeake Atlantic, LLC" dated May 16, 2006, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Site Plan"). 2. When the property is developed, it will be developed substantially as shown on the rendering entitled "Proposed Office/ Warehouse for Chesapeake Atlantic, LLC", undated prepared by EYG Architects, PC which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Rendering"). 3. The use of the Property shall be only office /warehouse. 4. The hours of operation of the office /warehouse will be between the hours of 7:00 a.m. and 9:00 p.m. daily. 5. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and the property of the Grantor. 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. Proffer 1 pertains to the site layout and is requested for modification. The applicant is essentially flipping the entire site layout so that the parking will be to the north of the property and the building will be against the southern property line. The new Proffer 1 proffers the landscape plan and a new Proffer 2 proffers the site layout plan for this proposed site revision. Proffer 2 describes the original building rendering and is requested for modification. The applicant has provided revised building elevations which are proffered under a new Proffer 3. Proffer 3 designates the use of the property for only office /warehouse but the owner of the property manufactures food products. A modification to this proffer is requested. This proffer is designated as the new Proffer 4. Proffer 4 describes the hours of operation which will remain the same. This proffer is designated as the new Proffer 6. Proffer 5 remains unchanged. New proffers designated as Proffer 7, Proffer 8 and Proffer 9 have been added based on communications with Planning Commission, City staff, the community and the applicant. Proffer 6 from the original proffer agreement is now designated as new Proffer 10. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped treed site CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 2 SURROUNDING LAND North: Single-family dwellings / R-10 Residential District (eastern USE AND ZONING: portion of site) • Office-warehouses / I-1 Light Industrial District (western portion of site) South: Single-family dwellings / R-10 Residential District East: • Across Birdneck Road are single-family dwellings / R-7.5 Residential District West: . Office-warehouses / I-1 Light Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed. A large portion of the CULTURAL FEATURES: site is treed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as being within the Suburban Area; however, the site is also located on the periphery of Special Economic Growth Area (SEGA) 1 -East Oceana Area. Due to the location of this area within a high AICUZ and within or in close proximity to an Accident Potential Zone, the Comprehensive Plan recommends "low intensity light industrial uses and limited retail with significant buffers to shield the Seatack neighborhood from possible intrusive impacts." The subject parcels are also identified in the APZ-1/CZ Master Plan as Sub-Area B, suitable for non-residential use. The APZ-1/CZ Master Plan is an adopted component of the Comprehensive Plan that provides guidance for development in the Accident Potential and Clear Zones surrounding NAS Oceana. The applicant's proposal is compatible with the list of land uses that are suitable on properties affected by the AICUZ's APZ-1/Clear Zone delineations surrounding NAS Oceana. The requested modification will still result in development of the site consistent with uses that are compatible with the highest AICUZ Noise Zones and APZ. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIPI: South Birdneck Road in the vicinity of this application is currently being improved to a four-lane divided minor urban arterial, with bikeways and a 100-foot wide right-of-way. Construction is currently expected to be substantially complete in the spring of 2010. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Birdneck Road 17,300 ADT 14,800 ADT (Level of 217 ADT (2008) Service "C") Since the same project is 22,800 ADT' (Level of being proposed, there is no Service "D") change in generated traffic 27,400 ADT' (Level of Service "E" Average Daily Trips CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 3 STORMWATER: Public Works/stormwater Management will provide detailed comments during the review of plans submitted to the Development Services Center. WATER: This site must connect to City water. There is a 12-inch City water main in South Birdneck Road fronting the site. SEWER: This site must connect to City sanitary sewer. There are two 8-inch sanitary sewer mains in South Birdneck Road fronting the site. The sanitary sewer mains in Birdneck Road have been replaced with the roadway improvements. The developer will be required to verify that the sanitary sewer is of sufficient depth to serve the proposed building configuration. Sanitary sewer calculations and pump station analysis for Pump Station 119 will be required to determine if projected flows can be accommodated. EVALUATION AND RECOMMENDATION The initial proposal in 2006 had opposition from adjacent property owners. During the Planning Commission Hearing, residential property owners on both the southern and the northern side of this site voiced concerns about the proposed land use and site layout, citing noise, buffering, fencing, and hours of operation. Due to the concern about the hours of operations, the applicant added Proffer 4 to the 2006 Conditional Zoning Agreement at the request of the Planning Commission. When the current application was submitted, staff, being aware of the past concerns of the neighboring property owners, advised the applicant to contact the adjacent property owners to discuss the requested revisions. The applicant met with the community on April 5, 2010. The primary outcome of the meeting was the community's expression of serious concerns regarding the management, or lack thereof, of stormwater runoff. The community did not determine a position regarding the applicant's proposed change in the site plan. After the community meeting, the owner of the adjacent industrial property did meet with the applicant to work out stormwater runoff issues. A plan was presented to the City's Development Services Center for approval of the adjacent industrial property's revised stormwater management plan to alleviate issues on residential lots until this proposal was approved for construction. In recent conversations, the adjacent property owner has not begun work to alleviate stormwater issues. This proposal has been designed to also address the stormwater drainage concerns by the neighbors. In addition, the revised building elevations were not a topic of the April 5, 2010 meeting and the applicant was to meet with the neighborhood once again to discuss the revised elevations. The applicant did meet with the community on September 13, 2010 to discuss the revised building elevations. The building elevations were presented and the reduction in height to a maximum of 28 feet from the initial proposal of 35 feet discussed. At the meeting, a question was asked about the addition of the word "manufacturing" in the proffers but was not discussed due to a time constraint. This was included to clarify that the applicant was in the manufacturing business. The applicant manufactures sauces. The wording of the term manufacturing in Proffer 4 and Proffer 6 has been further revised to reduce confusion of what may be manufactured at this site. CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 4 Staff recommends approval of this proposal with the revisions to the Proffers and the revised building elevations. This revised design, though basic compared to the original proposal, is smaller in scale and relates in height better to the adjacent residential properties. The exterior building materials are similar to those found throughout the adjacent industrial commerce center. The awning over each front entry provides a human scale. 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: When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Landscape Plan"). PROFFER 2: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Layout Plan, Exhibit A, Chesapeake Atlantic, LLC" dated April 12, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Layout Plan"). PROFFER 3: When the property is developed, it will be developed substantially as shown on the two sheets of the rendered building elevations entitled "Chesapeake Atlantic, LLC", dated June 7, 2010 prepared by Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Building Elevations"). PROFFER 4: The use of the Property shall be only office /warehouse /food processing. PROFFER 5: The grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and property of the Grantor. PROFFER 6: The hours of operation of the office /warehouse /food processing facility will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. PROFFER 7: Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 5 PROFFER 8: All mechanical equipment must be located on the roof and screened from view. PROFFER 9: All stormwater management facilities, including swales must be maintained by the Property Owner. PROFFER 10: 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 City Attorney's Office has reviewed the proffer agreement dated November 16, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe 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 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 (OPTED) concepts and strategies as they pertain to this site. CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 6 •„ R'~~' t r e '+ f !! ~ ,' ~~~4~ ~ m + ~.w ~~ ,~ 4, i d",•a AERIAL OF SITE CHESAPEAKE y~ da I Page 7 ~~ ~ .. .t} ~ \ qq _ ~N L qq6 ~~nn ~ °° N ~ Vf T E MM ~N ~ ~~ NN ~ ~ ~ / ~ ~ 0 oc ya oc~' ~ ~a `via r ~~, C c~c ~ a~ c~ ~~, '~c a~ ~~ ~~ ~ ~ ~- ~~ d a`.a a~ da ~a ~ ~ ~ L ~= s -- ! J Ne- N 7 ~ f ~~ ,~$M ~NNN p~ y y,~~ ~ L NNN ~ N M it S U N CC + d is L ~~" ~ ~ I ~.. ~ .~ ~~ „,_ _J 1 ~j ~ ~ ~ ~ ~- 3 m i`A,v,U dSa . ~H H~ ~ _J J E 0 ~o V E ~ ~ ~ ~ ~ --- ~= C A ~ o .. .Q ~ oC ~a~H 4 g ~ ~ ~ ~ g\~ ~ C C H ~ ~~ F-~ ~ c '~ ~ ~ O i i U~Uf-~F i 0 ~ a N s ~ m ~ N ~ d ~ ~ u ~ c ~ ~ ;V~ ~~ -- U m > ~ g U~~~a ~, $ Y F'r ~ ~T m s ~~ ~ 4 y ~ k ~~ ~~ ~5 W ~ _ p y ~4 ~ ~ ~jI %/ Le s 4 ~ ~s~{ ~J~ ~fdi ~~ ~~' ~ 1 _~ ~~' ~ ~~~~ ' ~ ~~~ I ~----- ~ -~ , i E ~ _r~ ~~ ~,1f~ 1 i O { t~ ~~ _t. ° ~ ~~~(iii~ H--' ~ ~ ail ~~_ t. r ~"`l "L_ __? c L- APPROVED CONCEPTUAL PLAN CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 8 ~~ ~' ~ PP's so"a. g ~; .~ s f gg R ~dBsYF es~ i' C_~d ~ z N ~~ i F y~~ ~~ ~~~~ g~~~x~ "3~~f; ~a ._ n 0 s e ~} j~~ °z~ J a~~ ~ ~4 1 _ ~ s l ~ ~ ,aa~ -~ ~ ~ ~ o j- d~ g o ~~9~1 ~ _~ ~ ~a~ ~r ~ I !lll~i ~` s~ ~~ ~ ~e ~ ~ !~.g~~ ~a i ~ ~ ~a~g~ ££• ~i sr ~ ~ i~~.~~~ I i q ] : ~ li!!~~ PROPOSED LANDSCAPE PLAN (Proffer 11 CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 9 may' a ROB IJ1~ Ri' 0'~~ ~ ~ ~,~~~ souk M "'~y* ~~~~~ a ~38 ¢1 ~~~~~ ~~~~~ I ~ ~a W f ~, U ' ~ ~: e e 4~I1V lA ~~~ 41 w ~/ o ~ ~ `~,~ o ~, . mZ~ ~- E 1 ~ ~~ '~ z ~ L o ~'o D p W~ >' ~~ °~o ~ ~II~~e ~~s~~ #e3~ ~~~ N a PROPOSED SITE LAYOUT (Proffer 2) CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 10 ~~. :~ ~..~ °, V'~ ~~ ~~ W;~ W U ~ J ~ OV 2 ~. Z W Z 4 ~g W a m ~" a {~ W Z LL. Q ~ On ~ o ~ °s W W Y N = U aaY U z C ~ Q ~ d t~ S T v 4' i a C + L C APPROVED RENDERING (Not included in modified proffers) CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 11 ,i- i ;~ Y I, 0 ~o N ti J ,a ~~ r ~d JZ d~ ~~ ~~ ~} 2 LL1 ~ S~ c1 > -.v :~~ d ~, 5 £ t i~ i_ } _ ~nn ,rv 111 '/ W r_° Y O s u J ~ ~ d ~ ~ U_ ~ PROPOSED RENDERING (Proffer 3) CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 12 2 ~- rTi ~. ~. 2 f• ?~ ,t PROPOSED RENDERING (Proffer 3) ±D J ,; J~ ~~ JE ~~ ~~ ~~ ~I ~ .~ W~ is U> 4 U M yJ f ^^L l t, ` Q. ~i c - jai - U, -_ - l1~ 'x' ' 6 ~~'-' ~ CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 13 1 02/13/07 Subdivision Variance Granted 2 10/24/06 Chan a of Zonin from I-1 & R-10 to Conditional I-1 Granted 3 02/10/98 Chan a of Zonin from R-10 to Conditional I-1 Granted 4 12/10/91 Conditional Use Permit church addition Granted 5 02/09/87 Conditional Use Permit outdoor recreational facili Granted ZONING HISTORY CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 14 Z O .--.. cn ~.-•.~ ~"~ ---.~ O V w O O w ~--~ A O DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers. members, trustees, partners, etc. below: (Attach fist if necessary) Chesapeake Atlantic, LLC whose members are Timothy E. Ashman and John B. Snedden 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Ashman Manufacturing Company and Rockland's Barbecue ^ 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 i unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, ~ trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list i(necessary) _~~ ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 `See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? A9odrficatron of Gondrhons Applrcehon Page 10 of 11 Revrseo 7/3x07 CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 15 ~; ,.-, 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, accounting services, and legal services:~(Attach list if necessar~ Morris H. tne, Legal Services; Dave utler with Gallup Engineering, Engineering 8 Planning ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person awn 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 not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning io photograph and view the site for purposes of processing and evaluating this application 1 - = -„ -- -'~ .',, F~,,~------ '~ Timothy E. Ashman. Manager plicant's Signature Print Name Property Owner's Signature {if different than applicant) Print Name MotliGCabon of COnO~LOns AppucaUOn Page 11 of 1 t Rev~setl 7;31200% O A-.. cn 0 V w O z 0 A O DISCLOSURE STATEMENT CHESAPEAKE ATLANTIC, LLC Agenda Item 22 Page 16 Item #22 Chesapeake Atlantic, L.L.C. Modification of Conditional Change of Zoning 173 & 177 Birdneck Road and 12281ensen Drive District 6 Beach December 8, 2010 CONSENT An application of Chesapeake Atlantic, L.L.C. for a Modification of Conditional Change of Zoning approved by City council on October 24, 2006 on property located at 173 & 177 Birdneck Road and 1228 Jensen Drive, District 6, Beach. GPIN: 24174268020000; 2417427931; portion of 24173267690000. 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: When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Landscape Plan"). PROFFER 2: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Layout Plan, Exhibit A, Chesapeake Atlantic, LLC" dated April 12, 2009, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Layout Plan"). PROFFER 3: When the property is developed, it will be developed substantially as shown on the two sheets of the rendered building elevations entitled "Chesapeake Atlantic, LLC", dated June 7, 2010 prepared by Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Building Elevations"). PROFFER 4: The use of the Property shall be only office /warehouse /food processing. PROFFER 5: The grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and property of the Grantor. Item #22 Chesapeake Atlantic, L.L.C. Page 2 PROFFER 6: The hours of operation of the office /warehouse /food processing facility will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. PROFFER 7: Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. PROFFER 8: All mechanical equipment must be located on the roof and screened from view. PROFFER 9: All stormwater management facilities, including swales must be maintained by the Property Owner. PROFFER 10: 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 City Attorney's Office has reviewed the proffer agreement dated November 16, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe 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 Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Off ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTEDJ concepts and strategies as they pertain to this site. AYE it NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Item #22 Chesapeake Atlantic, L.L.C. Page 3 By a vote of 11-0, the Board approved item 22 for consent. Morris Fine appeared on behalf of the applicant. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7605 TO: Mark D. Stiles. ~ FROM: B. Kay Wilson DATE: December 30, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Chesapeake Atlantic, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 11, 2010. I have reviewed the subject proffer agreement, dated November 16, 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/ This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 16`h day of November, 2010, by and between, CHESAPEAKE ATLANTIC, LLC, a Virginia limited liability company, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Grantor is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District & I-1 Light Industrial District to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN 2417-42-7931-0000; 2417-42-6802-0000; 2417-32-6769-0006 (portion ot) -1- similarly zoned are needed to resolve the situation to which the Grantor's rezoning 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 amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and witho~:t any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro 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, Grantee, and other successors in interest or title: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009 prepared by prepared by Gallup Surveying & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Landscape Plan") -2- 2. When the property is developed, it will be developed substantially as shown on the exhibit entitled "Layout Plan, Exhibit A, Chesapeake Atlantic, LLC" dated April 12, 2009 prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Layout Plan") 3. When the property is developed, it will be developed substantially as shown on the two sheets of the rendered building elevations entitled "Chesapeake Atlantic, LLC", dated June 7, 2010 prepared b Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Building Elevations"). 4. The use of the Property shall be only office/warehouse/food processing. 5. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and property of the Grantor. 6. The hours of operation of the office/warehouse/food processing facility will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. 7. Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. 8. All mechanical equipment must be located on the roof and screened from view. 9. All stormwater management facilities, including swales must be maintained by the Property Owner. 10. 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 -3- departments to meet all applicable City Code requirements. 11. These proffers shall supersede the proffers dated July 17, 2006 and recorded at Instrument Number 20061031001650980. All references hereinabove to the R-10 Residential and I-1 Light Industrial Zoning Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, July 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 such 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. -4- The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory 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 July be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map July 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 July 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 Grantors and the Grantee. -5- WITNESS the following signatures and seals: By. ATL•iTIC, LLC Member/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Timothy E. Ashman, Member/Manager of Chesapeake Atlantic, LLC, whose name is signed as such to the foregoing instrument dated the 16`" day of November, 2010, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this. lb`" da~of November, 2010. F ~ ~~:' F Notary Public; Registration N~:~ 12162 My commission expires: September 30, 2011 ~~,,~, ~r,;E A. KILGORE ~~ r, iary Pubilc _ >-~1>r .-,' iii, -.i~~ia z; ~4 ~. , ; ae~i 30, 201 1 iYiy ~ u~ ~ ~~~,.~ ~ , _ ~_~ ARLENE A. KELGORE Notary Public Commonwealth of Virginia 212162 My Commission Expires Sep 30, 2011 -6- Exhibit "A" PARCEL ONE: GPIN 2417-42-7931-0000 ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia in Seatack, and known, designated as Samuel L. Kellam & Margaret Kellam, 23 ac." as shown on that certain plat entitled, "Property of Samuel. L. Kellam & Margaret Kellam located in Seatack-Princess Anne Co., VA Scale 1" = 50', March 15, 1953, W. B. Gallup-County Surveyor", reference to said plat being hereby made for a more particular description of said land. LESS AND EXCEPT certificate of take to the City of Virginia Beach for 0.019 AC Birdneck Roadway Project #U000-134-V27, R/W 201, recorded a Instrument No. 200502220027745. PARCEL TWO: GPIN 2417-42-6802-0000 ALL THAT certain tract, piece or parcel of land, located in Seatack of Lynnhaven Magisterial District (formerly a part of Seaboard Magisterial District) of Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the west side of the Seatack Public Road at a point 2.50 feet northwardly from the property line of Sarah Edney and the said John B. Williams and running thence south 89 degrees 15' west 786 feet to a pin in the center of a ditch, thence along the center of said ditch north 32 degrees 45' east 68 feet to a pin; thence north 89 degrees 22' east 736.36 feet to a pin on the west side of said Seatack Public Road; thence south 18 degrees 45' east 60 feet along said Sceptic public Road to the point of beginning. Containing one 91) acre, more or less, according to a plat of property made by J. H. Milholland, February, 1926, which is attached to this deed and made a part hereof. PARCEL THREE: GPIN 2417-32-6769-0006 Unit No. 6, in Owl's Creek Commerce Center II, a Commercial Condominium, Phase 1, located in Virginia Beach, Virginia, hereinafter called the Condominium, according to the Declaration recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4209, page 2087, together with the undivided interest in the common elements appertaining to each unit, and the rights, privileges and appurtenances thereto belonging as declared in and shown on the condominium instrument, and as shown on the plat of condominium recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 284, pages 34 and 35. ~ Li ~'- - ~_ f ; --J r a -----~ ~.t~~ t~ -~ - ~ ~ - . ~ ~.a - ° ~ ~ a~ + 1. r~ . r,; 1~ f ~ ~ ~~ ~ ~ `~ ` -~~ ~ • ~ ._ 0 ~~~ N ~ a ~-~• ~ , t~ ; ~ N ~ ~ .. Q ~;~, ` ~ ,ti\~\ \~ \ ~~ ,., N ~ r r~ ~ a ` ~ ~ (~ ~. Q ~ ~~ ` ~- ~ V ti.r \.~ ~~1\ ` ~\~~~ \\ fly ~ ~ ,. ti 'L ' ~ ~~ ~: ~ ~~ fir' r b C N o 1rf ¢ ~ ~ ~ ~ d I~~ V ~J `=~~~~ c~ --_ a ~ ~~ t_ __ N ~ -_ . ----- - r' --- ~ ~ W C ~ - I~ Nu eF,,~ os h~~ 4- F ~~vJ}' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROY E. BRINN, JR., Subdivision Variance, 3453 Robinson Road (GPIN 2412660458). PRINCESS ANNE DISTRICT. ROY E. BRINN, JR., Floodplain Variance, 3453 Robinson Road (GPIN 2412660458). PRINCESS ANNE DISTRICT. MEETING DATE: January 11, 2011 ^ Background: Existing Lot: The existing site totals 49.567 acres and contains an existing single-family home and barn. The majority of the site is a cultivated field. The site is zoned AG-1 and AG-2 Agricultural Districts. Proposed Lots: It is the intent of the applicant to subdivide the site into two parcels in order to construct a new single-family dwelling and retain the existing single-family home. The applicant has stated that the existing dwelling will be gifted to his son and the new residence will be for him. Proposed Site C will contain the existing single-family home and barn and total 2.18 acres. Proposed Site D will contain the new dwelling and total 47.15 acres. The front portion of this site located along Robinson Road where the required lot width is measured is located within the flood plain subject to special restrictions and is also located within a 60-foot public drainage easement. The existing single-family home is located outside of the floodplain subject to special restrictions and the proposed dwelling will also be located outside of the floodplain. The floodplain variance involves the proposed driveway to the new residence. It is the intent of the applicant to construct a gravel driveway from Robinson Road to the proposed dwelling. Approximately 400 linear feet of the gravel driveway will be located within the floodplain. Due to the required gravel fill for the proposed driveway a variance for filling in the floodplain is required. Item Required Site C Site D Lot Width in feet 150 0'`(153.09 actual) 0*(848.08 actual) Lot Area in acres 1 acre 2.18 acres 47.15 acres *Variance required, due to the flood plain subject to special restrictions and the 60-foot public drainage easement ^ Considerations: This is a simple request to subdivide an existing rural parcel to accommodate family members. The proposed parcels meet the lot area requirement and have the lot width to meet the minimum lot width requirement. The front portion of this site where the lot width is measured is located within the floodplain subject to special restrictions and a 60-foot public drainage easement. The Zoning Ordinance excludes these areas from counting towards the minimum lot requirements and a variance to the minimum lot width requirement is required. The only fill in the floodplain needed will be to accommodate gravel for the proposed driveway to the new residence. In summary, the proposed single-family home and associated impervious hard surfaces will be located outside of the floodplain in an area of the best type of soils for drainage and water table characteristics. 100-percent mitigation will be provided for the filling in the floodplain to accommodate the proposed driveway. Therefore, this request meets the Rural Area Design Guidelines of the Comprehensive Plan and is acceptable. Staff recommends approval of this request with the conditions 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the Property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100-percent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150-feet of the proposed dwelling must be a minimum of 14-feet wide and designed to support 75, 000 pounds of vehicle loading. 4. A 10-foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50-foot right-of-way. ^ 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 . S ~~ 'RL\'C ESS . is\';\E ,,:,,,, ,, Ko~~ ~,. tsrmn, Jr. >~r AC~2 ~ AGl , ;' , ~'., ~ AG2 AG2 ~. , AG2-- ~ ~ ~ MDDDY C~K ~. AG1 AG2 l~ ~.~u AG2 ~~, - - -_~ _ t AG2 - _ - AGi - -- AG .> ~. _.AGi AG1 AG2Q - AG2 i AG2 _..- ~ AG'~ AG2 1.- ~~ Subdlvlslon Variance 8 Fbod Plain Variance 5&6 December 8, 2010 Public Hearing APPLICANT: ROY E. BRINN, JR. PROPERTY OWNERS: NORMA G. AND ROY E. BRINN. JR. STAFF PLANNER: Ray Odom REQUESTS: 5. Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance. 6. Floodplain Variance to Section 5B.5(c) of the Site Plan Ordinance, which does not permit filling in the floodplain. ADDRESS /DESCRIPTION: 3455 Robinson Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24126604580000 Princess Anne 49.567 Acres Less than 65 dB DNL SUMMARY OF REQUEST Existing Lot: The existing site totals 49.567 acres and contains an existing single-family home and barn. The majority of the site is a cultivated field. The site is zoned AG-1 and AG-2 Agricultural Districts. Proposed Lots: It is the intent of the applicant to subdivide the site into two parcels in order to construct a new single-family dwelling and retain the existing single-family home. The applicant has stated that the existing dwelling will be gifted to his son and the new residence will be for him. Proposed Site C will contain the existing single-family home and barn and total 2.18 acres. Proposed Site D will contain the new dwelling and total 47.15 acres. The front portion of this site located along Robinson Road where the required lot width is measured is located within the flood plain subject to special restrictions and is also located within a 60-foot public drainage easement. Although each lot does have the minimum required lot width, Section 200(c) of the City Zoning Ordinance excludes the floodplain areas, subject to special restrictions, from counting towards the minimum lot width and lot area requirements. In addition, Section 200(b) of the Zoning ROY E. BRINN Agenda Items 5 & 6 Page 1 Ordinance excludes public or private utility and drainage easements over 20-feet in width from counting towards the minimum lot width and lot area requirements. Therefore, the proposed parcels do not meet the minimum lot width requirement, due to the floodplain subject to special restrictions, and the 60-foot public drainage easement and a variance is required. Each lot meets the minimum lot area requirement outside of the flood plain subject to special restrictions and the drainage easement. The existing single- family home is located outside of the floodplain subject to special restrictions and the proposed dwelling will also be located outside of the floodplain. The floodplain variance involves the proposed driveway to the new residence. It is the intent of the applicant to construct a gravel driveway from Robinson Road to the proposed dwelling. Approximately 400 linear feet of the gravel driveway will be located within the floodplain. The driveway must be constructed to support emergency vehicles. In most cases four to six inches of gravel is sufficient. However, depending on the soils an additional depth may be required. Due to the required gravel fill for the proposed driveway a variance for filling in the floodplain is required. Approximately, 280-feet of the driveway will be located within an existing farm road. All impervious hard surfaces, required parking, etc., will be located outside of the floodplain. ltsm Site C Site D Lot Width in feet 150 0* 153.09 actual 0'' 848.08 actual Lot Area in acres 1 acre 2.18 acres 47.15 acres '`Variance required, due to the flood plain subject to special restrictions and the 60-foot public drainage easement LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling/agricultural field SURROUNDING LAND North: Single-family homes/ cultivated fields/ AG-1 and AG-2 USE AND ZONING: Agricultural Districts South: Single-family homes/ cultivated fields/ AG-1 and AG-2 Agricultural Districts East: Robinson Road/ single-family homes/ cultivated fields/ AG-1 and AG-2 Agricultural Districts West: cultivated fields/ AG-1 Agricultural District NATURAL RESOURCE AND The majority of the site is a cultivated field. The front portion of the site is CULTURAL FEATURES: located within the floodplain. A 60-foot public drainage easement traverses the front portions of this site. Pond type water features are located within the easement. ROY E. BRINN Agenda Items 5 & 6 Page 2 COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities. The Rural Area Design Guidelines of the Plan states that one should subdivide residential lots on soils that possess the best drainage and water table characteristics. Although, the front portion of this site is located in the floodplain the proposed dwelling is to be located outside of the floodplain in an area consisting of Class I Soils. Class I Soils do possess the best drainage and water table characteristics, which is in keeping with the guidelines. In regards to the floodplain development activity concerning the driveway, the Comprehensive Plan recommends that wherever possible development should be avoided inside floodplain areas and similar low- lying areas without acceptable mitigation. 100 percent mitigation will be required as a condition of the floodplain variance request to insure that floodplain mitigation will be provided with no net lost to the floodplain area. IMPACT ON CITY SERVICES TRAFFIC: The addition of one additional lot/residence on this site will have no significant impact on traffic in this area. WATER and SEWER: This site is not served by City water and sewer. On-site systems currently and/or will serve these sites. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance.. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. ROY E. BRINN Agenda Items 5 8~ 6 Page 3 EVALUATION AND RECOMMENDATION This is a simple request to subdivide an existing rural parcel to accommodate family members. The proposed parcels meet the lot area requirement and have the lot width to meet the minimum lot width requirement. The front portion of this site where the lot width is measured is located within the floodplain subject to special restrictions and a 60-foot public drainage easement. The Zoning Ordinance excludes these areas from counting towards the minimum lot requirements and a variance to the minimum lot width requirement is required. The only fill in the floodplain needed will be to accommodate gravel for the proposed driveway to the new residence. In summary, the proposed single-family home and associated impervious hard surfaces will be located outside of the floodplain in an area of the best type of soils for drainage and water table characteristics. 100-percent mitigation will be provided for the filling in the floodplain to accommodate the proposed driveway. Therefore, this request meets the Rural Area Design Guidelines of the Comprehensive Plan and is acceptable. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The existing parcels shall be subdivided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the Property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100-precent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150-feet of the proposed dwelling must be a minimum of 14-feet wide and designed to support 75,000 pounds of vehicle loading. 4. A 10-foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50-foot right-of-way. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Ot~ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ROY E. BRINN Agenda Items 5 & 6 Page 4 1. ~ y n re~ ~' , c ~ ~ '~ ~1'{ ~ YY„ ~' ~ ~' ~` ~ ~ s netryt ~. :' \ ~ e' ~ ~. ~. 5 ~ 4 `~,_ :a~ _ VV ~ },? ~~ '~4 : ~.,... ~~ ~ i { :~' I AERIAL OF SITE LOCATION ROY E. BRINN Agenda Items 5 & 6 Page 5 e.a,....~v~e,,.~ . r...., H;,.,:, .,..,or,., ~.a.' :.~......~. N,~Op1/gN N le0/i11Y l /IAl a MM~~~YIt MIYM~ ~~ iN ICY see nen one ra eooirn~w worts wmcur~cwrze PROPOSED SUBDIVISION ROY E. BRINN Agenda Items 5 & 6 Page 6 PHOTOGRAPH OF SITE ROY E. BRINN ~ ~~ Agenda Items 5 & 6 ~ Page 7 '~ ;' ,~ ~. ,. PKIIVCESS' .~~NE 1~I.~t~ L-1> Rn~~ F Rrinn _l s _.. ~, ~.. ~ - -----~ -- - - fl ~`c„ `' A G1 '!-`. ~ - ~~ , ' ;~ ,~~,L / y ~ G2 r',fr, ; ~ ,~~ £~~ AG2' °:~ ,~~_- %/ . ~ l..` ~ r ,~.~ AG2 ~~a ~~, 1 ~ / ~ q _ A ~~ ~,~- ,/;/ ~ ~ ~ ~`'-~-~-L ~: --'~ ~ ~ ~~ AG2 ,~ ~ ~" ~- - ~ --_ ~~ ~~ ,V _-~ ~ ~, i !y ~r~± % , -- ~; u x i „ t--J, '° - ~A G 1 ~~ ~ AG1.~' - ,i `~ AG2 'AG2 j ~ ~~ AG2 ,~~ ~~ ~_ AG G1 Subdivision Variance & Flood Plain Variance # DATE REQUEST APPLICANT ACTION 1 07/13/2002 Subdivision Variance John S. Dudley Approved (Minimum Lot Width, Flag Lot 2 02/24/2009 Subdivision Variance Bruce and Kellie Henley Approved (Minimum Lot Width, Flag Lot ZONING HISTORY ROY E. BRINN Agenda Items 5 & 6 Page 8 0 ~--~ V ~--~ r--a w V z 0 Q DISCLOSURE STATEMENT APPLICANT DISGLOSURE 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) //1 / /•/ • !70/11 ~A ~V ~~ rl ~/~ ~c 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant (Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ,~' ~ ~f: rMQ G. 2. list all businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) /foh~/ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance AppllCation Page 10 of i t Revised: 7111106 DISCLOSURE STATEMENT ROY E. BRINN Agenda Items 5 & 6 Page 9 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 necessa~,[[y) , ~,O~r,d- f~J or~r a N T L 6•I d ~~~'!/T's "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 (i} one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemmeni Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appli is Sign-a'^ture ~,. Print Name ~ 7 / A r Owner's Signature (if different than applicant) Pr t Name Subdivision Variance Application Page 11 or 11 Revised 7/11/~i ~-~ r-~ r~-a w V z 0 Q DISCLOSURE STATEMENT ROY E. BRINN Agenda Items 5 & 6 Page 10 Item #5 & 6 Roy E. Brinn, Jr. Subdivision Variance Floodplain Variance 3453 Robinson Road District 6 Beach December 8, 2010 CONSENT An application of Roy E. Brinn, Jr. for a subdivision variance and floodplain variance on property located at 3453 Robinson Road, District ,Beach. GPIN: 24126604580000. CONDITIONS 1. The existing parcels shall be divided substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of the property of Roy E. Brinn, Jr."; dated May 12, 2009 and revised on September 29, 2010, prepared by Bonifant Land Surveyors. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. 100-percent onsite mitigation is required for the gravel fill to accommodate the proposed driveway within the floodplain. 3. The proposed gravel driveway from Robinson Road to within 150-feet of the proposed dwelling must be a minimum of 14-feet wide and designed to support 75,000 pounds of vehicle loading. 4. A 10-foot right-of-way dedication is required along Robinson Road to upgrade this roadway to an acceptable minimum 50-foot right-of-way. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Phil Bonifant appeared on behalf of the applicant. • r MCI ~~ ~~ U ~~ N ,.~ w r~ ~ i V ~~ n r C1~-~ ! H ~ } ~~ N D x sQ ~, ,o e~~, cn 4` a~. =.~ `~ .•;1. t.,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELIZABETH CLAIRE, Conditional Use Permit, home occupation, 1832 Tolstoy Drive (GPIN 2415716360). PRINCESS ANNE DISTRICT. MEETING DATE: January 11, 2011 ^ Background: The applicant requests a Conditional Use Permit for a home occupation. The applicant is a writer and editor within a New Jersey-based publishing corporation called Elizabeth Claire, Inc. The applicant, however, resides in Virginia Beach at 1832 Tolstoy Drive and will often work from home. While at home, the applicant has need for clerical work to be done. The applicant thus proposes to hire one employee that would provide assistance with typing, data entry, copy editing, bill paying, correspondence and filing. It is anticipated that the assistant would work at the applicant's home from 9:00 a.m. to 7:00 p.m. several days during the week. ^ Considerations: From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. No customers are expected to come to the house and no new construction is proposed. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. In summary, staff finds that the request is in compliance with the Comprehensive Plan, Zoning Ordinance Standards for home occupations, and AICUZ regulations. The recommended conditions identified with Section 234 of the Zoning Ordinance help protect the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of the request subject to the following conditions. 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 11-0, to recommend approval of this request to the City Council with the following conditions: Elizabeth Claire Page2of2 1. In accordance with Section 234 of the City Zoning Ordinance, not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction within the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. ^ 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: S ~ ~~b~Q~~ ~ t Alap L-11 p , j , , _ , ~. ~ ~,_ r ~ ~~ ,f ; ~e ~ `', ~ q >-', ~.- ,h lY ~ ~ ~, `, ~A 6 ~=711 r~B?~ dn; ~`~ x~ ~~p*. <, ,: , ,~ ~6D~' ~~ , ` ~ ~ Twiny MT CwJUrus PMYn.Opn Sn><. d.enwxnna cny.a n..,w. CUP for Nnmr Arri~n,~rinn 10 December 8, 2010 Public Hearing APPLICANT / ELIZABETH CLAIRE, INC. PROPERTY OWNER: ELIZABETH CLAIRE STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Home Occupation -publishing/editing business) ADDRESS /DESCRIPTION: 1832 Tolstoy Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24157163600000 PRINCESS ANNE 6,300 square feet 65 to 70 dB DNL Sub-Area 2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a home occupation. The applicant is a writer and editor within a New Jersey-based publishing corporation called Elizabeth Claire, Inc. The applicant, however, resides in Virginia Beach at 1832 Tolstoy Drive and will often work from home. While at home, the applicant has need for clerical work to be done. The applicant thus proposes to hire one employee that would provide assistance with typing, data entry, copy editing, bill paying, correspondence and filing. It is anticipated that the assistant would work at the applicant's home from 9:00 a.m. to 7:00 p.m. several days during the week. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 1 SURROUNDING LAND North: Single-family dwellings / PD-H2 (R-5D) Residential District USE AND ZONING: South: Single-family dwellings / PD-H2 (R-5D) Residential District East: Single-family dwellings / PD-H2 (R-5D) Residential District West: Single-family dwellings / PD-H2 (R-5D) Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and attractiveness of the site and buildings. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 and 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIPI: Tolstoy Drive in front of this site Is a two-lane local street. Tolstoy Drive has a 50-foot right-of-way, and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way width of 50 feet. There is currently no capital improvement project projects scheduled for this segment of Tolstoy Drive. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Tolstoy Drive No Available 9,900 ADT (Level of Existing Land Use - 10 Traffic Counts Service "D") ADT Proposed Land Use 3- 12 ADT Average Daily Trips gas defined by one single-family home zoned R-5D a as defined b one sin le-famil home zoned R-5D with one clerical em to ee TRAFFIC ENGINEERING: The calculated ADT of twelve vehicles was used because it is assumed that the clerical employee, with one vehicle will generate only two additional trips. (1 trip entering and 1 trip leaving) In regards to the peak hour volume of four vehicles, that would only be in a case in which the homeowner and the employee arrives and leaves at the same time. The ADT of twelve will vary because the employee will not come to the home every day. Traffic Engineering feels that the proposed use for this site will have no significant impact on traffic. ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 2 EVALUATION AND RECOMMENDATION This site is located within Sub-Area 2 of the 65-70 dB DNL Air Installation and Compatible Use Zone (AICUZ). According to Section 1804 of the Zoning Ordinance the proposed publishing home occupation is compatible since there is no increase in residential density. Staff finds that the request conforms with recommendations of the Comprehensive Plan primarily because from the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. No customers are expected to come to the house and no new construction is proposed. Overall, the minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. Staff further finds that the proposed home occupation is in compliance with the standards as outlined in Section 234 of the Zoning Ordinance regarding home occupations. Below is a listing of these standards. (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, non-illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. In summary, staff finds that the request is in compliance with the Comprehensive Plan, Zoning Ordinance Standards for home occupations, and AICUZ regulations. The recommended conditions identified with Section 234 of the Zoning Ordinance help protect the integrity of the adjacent residential neighborhoods. Staff therefore recommends approval of the request subject to the following conditions. ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 3 CONDITIONS 1. In accordance with Section 234 of the City Zoning Ordinance, not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction within the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. NOTE: Further conditions maybe 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. ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 4 AERIAL OF SITE LOCATION ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE '; Agenda Item 10 Page 5 }~~ ,. 4 ~ ~;_`j i TSL9 TS TO CERTIFY THAT I, ON OCT. 12, 2008, SURVEYED THE PROPERTY 9HO11N HEREON AND THAT THE TITLE LTNES AND PHYSICAL I][PROVBMENTS ARE AS SHO1-N HERBON. THB I1IPROVEIetEP1TS STAND STRICTLY IIITHIN THE TITLE LINES AND THERE ARE NO BNCROACHMBNT3 OF OTHER BTJII.DINGS EXCEPT A3 SHO11N. SIGNED:ICt~~~iX-~*--~ NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO LJE IN 'X" F100D ZONE (AREA DETERMINED TO BE OUTSIDE S00-YEAR Fl00DPWN) ACCORDING TO F.E.M.A. MAP PANEL N0. 51 5 531-0051 E. REVISED DEC. 5, i996. 2) THIS SURVEY WAS PERFORMED WITHOUT 1HE BENEFIT OF A D71.E REPORT, ANO MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. N/F R.G. MOORE S 48'04'16" W 60.00' ~4 7~ 5.5"5.0 S.1' ~ 11.6' ~ ~ ~ ri b, 2 STORY io FRAME LOT 52 N ~ 1a32 20' o i .7' ~ 8.3' 12.3' "I iO ip h h INSET ~ m SCALE: 1' ~ 20' M h LOT 51 LOT 53 w 3 a in ~ .n :~ a ~ VI Z 15' MAINTENANCE LIMITS OF EASEMIENT DRAINAGE ESM'T. D.B.2592 PG.1814C D.B.2592 PG.1814C TOp ~ BANK PHYSICAL SURVEY oTEL PED mE OF r LOT 52, BLOCK G 2E0'~~TACE 1P~4' I ios~ SUBDIVISION OF D.B.2592 PG.1614C ~ s' DRNNACE OCEAN LAKES EASO~a+T PHASE ONE ,,. I D.B.2s92 Pc.lat4c SECTION FOUR aF1:N~ I PRINCESS ANNE BOROUGH ...I 10' DRAINAGE SEE EASEMENT VIRGINIA BEACH, VIRGINIA I M.1~ D.8.2392 PG.1814C FOR tzo' ~ n.r ELIZABETH CLAIRE IP :~: IP 60.00' iiu6Tliuiri DRIVE N 48'04'16" E T~ ~P TOLSTOY DR/t~F (50' R/W) W~p M ~~ o~ DATE: OCT. 12. 2008 V fSRIFIGTE Ho. i scALE: 1' - so' 141u s NOTE: FOR PLAT SEE VRpNL1 D.B.2592 PG.1814A-18140 `~w~y7 VA. BEACH, VA ~PARD hi. HOLIISES 1o-1:-0a LAND SURVEYOR, P.C. ~q~ S~E(~`` 9225 GRANBY STREET NORFOLg, VIItGDKIA 23503 DRAWN BY: DJB 767-480-1230 PROJECT N0. 061750 PHYSICAL RVEY ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 6 _ ~-~~,G. ,.-p.~ r .~.~ ,~„",~, PHOTOGRAPH OF ELIZABETH CLAIRE, INC. /ELI ,DING CLAIRE Item 10 ~~ ~ ~: rage i .s .~ ~4 ~ .~ ~ .~ ,., # DATE REQUEST APPLICANT ACTION 1 10/21/1985 Use Permit W.R. Malbon, T.M. Malbon & M.S. Malbon Denied 11/14/1983 Rezonin AG-1 to R-8 G.G. Moore Buildin Cor oration Granted ZONING HISTORY ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 8 ~ -~_, DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or a liated business entityZ (,~C 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) ~~.1~~ C? I ~ ~` ~P. __ 2. List all businesses that have aparent-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. & `See next page for footnotes z 0 w 0 Does an official or employee of the City of Virginia Beach have an interest in the 1~~1 subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Penult Application Page 9 of 10 Revised 7/3f2007 DISCLOSURE STATEMENT ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 9 O DISCLOSURE STATEMENT l~~1 _~ ~~~ ~, z O ~~~ ~~ A O 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) ~C2 '~~ _~__ ~ _ _ ____y ------ ---- ---- -------- A- t "Parent-subsidiary relationship° means "a relationship that exists when one i 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 § 2.2-311)1. ~ 2 "Affiliated business entity relationship' means "a relationship, other than parent- ~ subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated ~ business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § , 2.2-3101. i 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 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing acxording 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. i Appli ^n Signature SarYi ~ __ Property Owner's Signature (if different than applicant) Print Name Print Name Conditional Use Permit Application Page 10 0! 10 Revised 7!3/2007 DISCLOSURE STATEMENT ELIZABETH CLAIRE, INC. /ELIZABETH CLAIRE Agenda Item 10 Page 10 Item #10 Elizabeth Claire Page 2 HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board approved item 10 for consent. Elizabeth Claire, applicant appeared before the Commission. There was no opposition to this application. ~~ ~~ ~~ .~ ~• ~~ •'^y • ~..~ ~~ !.~ I~ Q ~a ~a ~~ ~~ y i3 41 N Q O o~ N C v> ~HN ~~ F~ s _. y~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC./GSH COLLEGE PARK ASSOCIATES, Conditional Use Permit, assembly use, 6056 Providence Road (GPIN 1456439800). KEMPSVILLE DISTRICT. MEETING DATE: January 11, 2011 ^ Background: The applicant requests a Conditional Use Permit to allow a day support center for individuals with special needs in an existing two-story office building. The hours of operation are 8:00 a.m. until 6:00 p.m. Monday through Friday. The individuals served at the center are transported to and from the Center via parents, their school or public transportation. Only staff vehicles and two company vans stay at the Center throughout the day. The ages of individuals may range from 4 to 65 years. The center provides physical separation of children and adults (individuals 18 and older) during group programming activities. The existing office building is located adjacent to the eastern property line of the site. The 63 parking spaces are located to the west of the building. There is a 20-foot grass public utility easement and a 24-foot paved ingress- egress easement along Providence Road before the street landscaping for the property begins. ^ Considerations: The proposed use is consistent with the land use principles of the Comprehensive Plan. This type of support use for special needs individuals is scarce but crucial to meeting the needs of our residents. Overall, the site and building appear well designed and maintained. The site has adequate parking, as well as vehicular, and pedestrian access to accommodate the use. Additional landscaping at the rear of the property is recommended to provide a better buffer for the neighboring residential properties. Even though this non- residential site is already developed, this small improvement is important to preserving neighborhood quality. Upon further review, staff has determined that this strip is too narrow to accommodate any planting for buffering. Some small planting may be provided by the applicant but will not be a condition. Staff recommends approval of this request with the following conditions. Virginia Independence Training Organization, Inc. Page 2 of 2 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The number of individuals attending anyone activity 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 Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. If a dumpster is to be provided it shall be screened from view from the street. 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: City Manage . S Planning Department ~, r~. ~Q ; ~-~.J~~' AE.MPSI9LLE Virginia niv~t ~ ~~ r,~ ~.~. - , -~ ' J R10 '= t A18 r _ _,_ - ~ _ ~ ~ B2 i 02 ~~,,, BZ" 62 ~)\ ~ j~ ~ I ~, _ __; R1.5 l B2 ~~ ~ ~ `~ .nnio.nnmm. rron«.. nn" ~mtmuNty Centerl ~. v..~..v~ v. em.. u..rors - REQUEST: Conditional Use Permit (Assembly Use -Community Center) ADDRESS /DESCRIPTION: 6056 Providence Road December 8, 2010 Public H VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. PROPERTY OWNER: GSH COLLEGE PARK ASSOCIATES STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14564398000000 KEMPSVILLE 49,310 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a day support center for individuals with special needs in an existing two-story office building. Staff members stagger schedules throughout the day to serve the approximately 45 special needs individuals who participate in the Day Support Program. Some special needs individuals are considered center-based where all their teaching and learning is done at the day support center. Other individuals will meet at the center for a myriad of learning activities such as Functional Reading, Functional Math, Street and Safety Signs lessons, Arts and Craft activities, or Budgeting lessons then small groups will go into the community to put into practice what they have learned at the center. VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. /GSH ;OLLEGE PARK "°y Agenda Item 15 , ;; Page 1 ~' This not-for-profit center will have administrative offices for staff members who are responsible for personal files and client records as required by the state. Staff will also conduct periodic meetings with employees, family members of clients and state licensing official at this center. The hours of operation are 8:00 a.m. until 6:00 p.m. Monday through Friday. The individuals served at the center are transported to and from the Center via parents, their school or public transportation. Only staff vehicles and two company vans stay at the Center throughout the day. The ages of individuals may range from 4 to 65 years. The center provides physical separation of children and adults (individuals 18 and older) during group programming activities. The existing office building is located adjacent to the eastern property line of the site. The 63 parking spaces are located to the west of the building. There is a 20-foot grass public utility easement and a 24- foot paved ingress- egress easement along Providence Road before the street landscaping for the property begins. LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant office building with parking SURROUNDING LAND North: Single family dwellings / R- Residential District USE AND ZONING: South: Providence Road • Office & retail / B-2 Community Business District East: Office / O-2 Office District West: Office / B-2 Community Business 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 designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area. (pp. 3-1 and 3-2) In addition, the Special Area Development Guidelines in the Comprehensive Plan Reference Handbook provide design guidance for commercial uses that adjoin areas planned for residential use in the Suburban Area. Specifically, the guidelines recommend use of "effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses." (p. B-9) CITY SERVICES VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH COLLEGE PARK Agenda Item 15 Page 2 MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Providence Road in the vicinity of this application is considered afour-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 125 foot right-of-way. Currently, this segment of roadway is functioning over capacity at a LOS E. No roadway Capital Improvement Program projects are slated for this segment of roadway. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Providence Road 24,555 ADT 14,800 ADT (Level of Existing Land Use - Service "C") 60 ADT 22,800 ADT' (Level of Proposed Land Use 3- Service "D") -Capacity 54 ADT 27,400 ADT' (Level of Service "E" Average Daily Trips : as defined by 5,416 SF office s as defined b trainin or anization - 45 students . J .L PUBLIC WORKS /TRAFFIC ENGINEERING: A dedication of ~ 5 feet along rroviaence rcoaa is regwreu such that the ultimate R/W of 130 feet, in accordance with the Master Transportation Plan amended 10/12/04 is achieved. WATER and SEWER: This site connects to City water and City sanitary sewer FIRE: This change of use for the building will require the applicant to obtain a certificate of occupancy from the Building Official prior to occupying the structure. EVALUATION AND RECOMMENDATION The proposed use is consistent with the land use principles of the Comprehensive Plan. This type of support use for special needs individuals is scarce but crucial to meeting the needs of our residents. Overall, the site and building appear well designed and maintained. The site has adequate parking, as well as vehicular, and pedestrian access to accommodate the use. Additional landscaping at the rear of the property is recommended to provide a better buffer for the neighboring residential properties. Even though this non-residential site is already developed, this small improvement is important to preserving neighborhood quality. Upon further review, staff has determined that this strip is too narrow to accommodate any plantina for buffering. Some small planting may be provided by the applicant but will not be a condition. Staff recommends approval of this request with the following conditions. CONDITIONS VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH COLLEGE PARK Agenda Item -15 PagE 3 1. The number of individuals attending anyone activity 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 Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. If a dumpster is to be provided it shall be screened from view from the street. NOTE: Further conditions maybe 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. VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH COLLEGE PARK Agenda Item 15 Page 4 -'' 1 "l ~ ' ) . r _ .. ~1~ .~~ ~ °`~ ~' ~_ ~ tG ~. ~ AERIAL OF SITE VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH Pictomet ~~, _LEGE PARK ~~ ends Item 15 ;~,,~~~ Page 5 P' -~. PHOTOGRAPH OF SITE VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH COLLEGE PARK Agenda Item 15 Page 6 ~t ~~.' ~.~ r }~~, z i~ Indian River / Greenbrier Market First Floor Second Floor Total Square Feet Parcel Size: Parking: 11 Spaces/1,000 s.f. 3,266 2.150 5,416 1.12 Ac 63 spaces PHOTOGRAPH OF B VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC / GSH COLLEGE PARK Agenda Item 15 Page 7 ~, ~~~ ~~ `~ i ~i ~,~'~ }~ ~i # DATE REQUEST APPLICANT ACTION 1 12/01/2009 Rezoning (O-2 to Cond B- 2 Philsand Investments, Inc. Granted 2 09/23/2003 Use Permit Reli ious Use Abundant Harvest Church Granted 3 10/10/2000 Use Permit Reli ious Use Acts 2 Church Granted ZONING HISTORY ~~ VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. / GSH COLLEGE PARK ~~ I' Agenda Item 15 ~ ~~~,, Page 8 `. DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Virginia Independence Trafning Organization, Inc. -President Angelo J. Morllno; Vice-President Elnora M. Marascro 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach lisf 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) GSH College Park Associates (A Vir~nia Generel Partnership) Sandra W. Ferebee, Harold E. Smith, Jr. 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? N/A Conditional use Permn ApplicaGOn Page 9 or 10 Revised 7!312007 Z O I-~ W W cn Ems. Z .-.~ ~+ ~•-~ V VIRGINIA INDEPENDENCE TRAINING ORGANIZATION, INC. /GSH COLLEGE PARK Agenda Item 15 Page 9 Item #15 Virginia Independence Training Organization, Inc. Conditional Use Permit 6056 Providence Road District 2 Kempsville December 8, 2010 CONSENT An application of Virginia Independence Training Organization, Inc. for a Conditional Use Permit for an assembly use (community center) on property located at 6056 Providence Road, District 2, Kempsville. G P I N : 14564398000000. CONDITIONS 1. The number of individuals attending anyone activity 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 Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office. 3. If a dumpster is to be provided it shall be screened from view from the street. ~ ~ ....,~~,.....;.,....~,,.,,. +~„ . .- ~e.,,.:.,,. ;~ +„ do ., „„~e,~ Condition 4 was removed prior to Planning Commission Hearing. NOTE: Further conditions maybe 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 li NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE Item #15 Virginia Independence Training Organization, Inc. Page 2 RI PLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board approved item 15 for consent. Angelo Morlino appeared on behalf of the applicant. There was no opposition to the application. L. APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION LOCAL FINANCE BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ii`~iZZ~~~ZZZ~~Zf~~iZ~Z~~Z~Z~~Z===~==iki ~`,~ •• i • .. • ~ ~~ CITY COUNCIL • " RETREAT • ~~ ~ Ri i i ;~ 8:30 AM - 5:00 PM ~ ri + i `~ FRIDAY and SATURDAY + ~ ;; January 21-22, 2011 ; ;~ CONFERENCE ROOM ~ ;; Suite 1000 ~ i ~~ 222 Central Park Avenue ~ ~i TOWN CENTER i i • ~~ • ~ ~ ~i • i ~ .i• ~ ~ 1 ~i~~~~~~~~~~~~~~~~1~~~~a~~~~~~a~~~~~~i CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/14Y1010 B PAGE: 1 E D S L E D H E W AGENDA L D S I 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 CITY COUNCIL BRIEFING: A. SANDLER CENTER FOR THE Annie Sandler, PERFORMING ARTS FOUNDATION Foundation and OFFICE OF CULTURAL President, Emily AFFAIRS ACTNITIES Spruill, Director Office of Cultural Affairs II CITY MANAGER'S BRIEFINGS A. FINANCIAL REPORT (CAFR) Patricia Phillips, Director - Finance Department B. PLANNING ITEMS PENDING Jack Whitney, Director - Planning C. LYNNHAVEN PARKS/ REC -Nike David Hansen - Site Deputy City Manager D. LESNER BRIDGE FINANCING David Hansen - STRATEGY Deputy City Manager E. HEALTH CARE UPDATE Susan D. Watson - Deputy City Mana er IIUIV/V/E/ F-1 MINUTES -December 7, 2010 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G/H-1 PUBLIC HEARINGS No Speakers SALE OF EXCESS CITY PROPERTY 240 London Brid a Road 2 TRANSFER/RESTRICTIVEERSEMENT No Speakers 2150, 2289/2293 Lynnhaven Parkway 3 LASKIN ROAD GATEWAY No Speakers Acquisition for Utility Improvements 4 WESLEYAN DRIVE (Northampton No Speakers Boulevard to Baker Road) Acquisition 5 INSTALLMENT PURCHASE No Speakers AGREEMENT (ARP) Baum Road/Crags Causeway CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/14/2010 B PAGE: 2 E D S L E D H E W AGENDA L D S I 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 1 O O O S H L R Y S S N N D 6 LEASES CITY-OWNED PROPERTY No Speakers a. Farmers Market - Jutta's Candles/Gifts b. 2101/2109 Princess Anne Road UJ-1 Ordinance re BIDS for Lease of golf courses at 3425 Club House Road (Bow ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y Creek)/4840 Princess Anne Road (Kempsville Greens)/1144 Prosperity Road (Red Win ) re maintenance/o eration K-1 ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Sec 23-22.1 re alcoholic ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y beverages/tendering (tailgating) in a CONSENT ublic lace b. Sec 23-57/18-56 re nail salons ADOPTED, BY i t-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT 2 Ordinance to DECLARE EXCESS City- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y owned property at 240 London Bridge CONSENT Road/AUTHORIZE sale of property to Davcon Inc 3 Ordinance to RELEASE easement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y utilized by Parks/Rec at 2150/2289/2293 CONSENT Lynnhaven Parkway/ TRANSFER to the Lake Lawson/Lake Smith natural area re a public park/recreational purposes in e etui 4 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property/temporary/permanent easements CONSENT for r-o-w of Laskin Road Gateway Phase 1- A, Phase III. 5 Ordinance to AUTHORIZE major design/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y acquisition of easements for Wesleyan CONSENT Drive 6 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ARP easement to Glenn A./Donald N. CONSENT /Kenneth W. Baum at Baum Road/Crags Causeway. DISTRICT 7 -PRINCESS ANNE 7 Ordinance to AUTHORIZE Lease with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Jutta's Candles/Gifts Space #30 at CONSENT Farmers Market 8 Ordinance to APPROPRIATE $7,515 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from DMV to Animal Control re CONSENT sterilization CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/14/2010 B PAGE: 3 E D S L E D H E W AGENDA L D S I E J S L' 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 9 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City-owned CONSENT property for Keith P. Carl at 4824 Lake Bradford Lane. 10 Resolution to REFER to Planning ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission CZO Amendments re bars CONSENT /ni htclubs 11 Resolution to ENDORSE Department of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Museums 2011 Transportation CONSENT Enhancement Program Grant a. Old Cape Henry Lighthouse -Fort Story b. Ferry Plantation House - 4136 Cheswick Lane 12 Resolution to ADOPT 2010 Alternative DEFERRED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Energy Task Force Report /DIRECT City BY CONSENT Manager to take action re TO 01/11/2011 oals/recommendations of the Task Force L-1 PLANNING Variance to § 4.4(b) of Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance that all lots CZO for CONDITIONED OLYMPIA BENDIX IV, LLC at 301 BY CONSENT Bendix Road. DISTRICT 5 - LYNNHAVEN 2 BRENDA KAY FREEMAN/LAKE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y A GEM D8, LLC CUP re indoor recreation CONDITIONED B at 2181 Upton Drive. BY CONSENT S DISTRICT 7 -PRINCESS ANNE T A I N E D 3 BEREAN BIBLE CHURCH CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y religious use at 945A Reon Drive. CONDITIONED DISTRICT 1 - CENTERVILLE BY CONSENT 4 NEW LIFE MISSION CUP re religious APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y use/day care at 519 N. Witchduck Road. CONDITIONED DISTRICT 4 - BAYSIDE BY CONSENT- RELIGIOUS USE APPROVED/ 10-1 Y Y Y Y Y N Y Y Y Y Y CONDITIONED BY CONSENT -DAY CARE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/14/2010 B PAGE: 4 E D S L E D H E W AGENDA L D S I 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 5 COZ at Indian River Road/Lake James APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Drive/Ferry Point Road for R.M. PROFFERED, CLARKS, LLC./IRRA, LLC/CITY OF BY CONSENT VIRGINIA BEACH: DISTRICT 1 - CENTERVILLE (1) R-SD Residential Duplex to B-2 Community Business (2) R-SD Residential Duplex to Conditional R-SD Residential Duplex (3) R-SD Residential Duplex to Conditional B-2 Communi Business 6 Ordinance to AMEND the Comp Plan/ DEFERRED TO 10-1 Y Y Y N Y Y Y Y Y Y Y adopt Interfacility Traffic Area/Vicinity 01/25/2011 Master Plan L APPOINTMENTS CLEAN COMMUNITY COMMISSION RESCHEDULED B Y C O N S E N S U S ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION VIRGINIA BEACH TOMORROW COMMISSION BOARD OF ZONING APPEALS Appointed 5 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 01/01/2011 - 12/31/2015 B. Rod Rodriguez, Alternate PLANNING COMMISSION Appointed 4 year 11-0 Y Y Y Y Y Y Y Y Y Y Y tetm 01/01/2011 - 12/31/2014 Jeffrey L. Hod son N/O/P ADJOURNMENT 7:10 PM