SEPTEMBER 10, 2002 AGENDACITY
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR ROBERT C. MANDIGO, JR.. Kernpsville - District 2
MARGARET L. EURE. Centerville - District 1
LOUIS R. JONES, Bayside - District 4
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - Dtstrict 7
PETER VK SCH3~IDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, MMC, City Clerk
OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING !
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E MAIL: Ctycncl~vbgov. corn
September 10, 2002
CITY MANAGER'S BRIEFINGS
A.
Bo
- Conference Room -
WATER TASK FORCE USE RESTRICTION RECOMMENDATIONS
Clarence Wamstaff, Director of Public Utilities
LYNNHAVEN ENVIRONMENTAL RESTORATION RECONNAISSANCE
H. Clayton Bemick, III, Planning Environmental Management Coordinator
Colonel David Hanson, Norfolk District, U.S. Army Corps of Engineers
Brian Reinhart, Project Manager, U.S. Army Corps of Engineers
2:30PM
[I. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM'
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Father James Griffin
Saint Mark's Catholic Church
Co
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
Fo
MAYOR'S PROCLAMATION
1. VIRGINL~ BEACH REMEMBERS - SEPTEMBER 11, 2002
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MINUTES
1. INFORMAL AND FORMAL SESSIONS
September 3, 2002
H. AGENDA FOR FORMAL SESSION
RESOLUTIONS
Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding
with the District of Columbia re Virginia Beach providing security during the International
Monetary Fund/World Bank Fall Conference September 27 thru 29, 2002.
Resolution to COMMEND the Sornesen Institute for political leadership and the Virginia
Ethics Forum for their initiative and work on the Codes of Conduct project in Virginia.
J. PLANNING
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Application of CHARLES BARKER TOYOTA for a Conditional Use Permit for motor
vehicle sales and service on the south side of Laskin Road, east of Regency Drive (1877
Road), containing 7.9 acres.
(DISTRICT 6 - BEACH)
Recommendation: APPROVAL
Application of BIRDNECK BUSINESS CENTER, L.L.C., for a Conditional Use Permit for
automobile repairs, painting and restoration on the west side of S. Birdneck Road, north of
Bells Road, containing 4.962 acres.
(DISTRICT 6 - BEACH)
Recommendation: APPROVAL
Application oflGLESIA DE DIOS EBEN-EZER for a Conditional Use Permit for a church
at the southeast corner of Eaglewood Drive and Chickadee Lane (1101 Eaglewood Drive),
containing 1.269 acres.
(DISTRICT 6 - BEACH)
Recommendation: APPROVAL
Application of JAIMEANNA, INC., for a Conditional Use Permit for an Open Space on the
south side of Salem Road, west of Highland Drive, contains 54.4 acres.
(DISTRICT 1 - CENTERVILLE)
Recommendation: APPROVAL
Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning
Ordinance(CZO) re sign regulations in the B-3A Pembroke Central Business Core District.
Deferred: August 13, 2002
Recommendation: APPROVAL
September 10, 2002
CITY MANAGER'S BRIEFINGS
- Conference Room -
Ao
WATER TASK FORCE USE RESTRICTION RECOMMENDATIONS
Clarence Warnstaff, Director of Public Utilities
LYNNHAVEN ENVIRONMENTAL RESTORATION RECONNAISSANCE
H. Clayton Bemick, 111, Planning Environmental Management Coordinator
Colonel David Hanson, Norfolk District, U.S. Army Corps of Engineers
Brian Reinhart, Project Manager, U.S. Army Corps of Engineers
2:30
PM
II. REVIEW OF AGENDA ITEMS
111. CITY COUNCIL COMMENTS
W. INFORMAL SESSION - Conference Room - 4:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Father James Griffin
Saint Mark's Catholic Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant
to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom
of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
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MAYOR'S PROCLAMATION
1. VIRGINIA BEACH REMEMBERS - SEPTEMBER 11, 2002
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MINUTES
1. INFORMAL AND FORMAL SESSIONS
3,2002
September
H. AGENDA FOR FORMAL SESSION
~erea$.-
On Tuesday, Septem6er 11, 2001, tiousands of people were assau£ted,
injured, and murdered m a series of strategic terrorist attacH on
.~merican soi£and in.~merican airspace; and
~V[tereas: '17ie passengers, pigots and crews of. four chdCmn aircraft were taken
tostage and 6rutaffy slain during tile ieinous an~ revofting acts of war;,
and
· Vhereas: (IT~e el'win Towers of tlie gqorfd'CTrade Center in 5V'ew'Yor~City, Sew
~Yor~ were destroye~, and tremendous damage was caused to tlie
q~entagon, teadquarters of tie ~Jnited States q)epartment of ~Defense,
focated south of tle nation's capita£ in tie Commonwea£ti of Virginia;
to countryside in Somerset County, q'enusy£vania; and to pug& and
privately owned'property in ttfe ~inities of ttfese areas; and
g4/hereas: 5~lany 'Virginia ~Beacli Citizens and members of tie City of Virginia
(Beacli work force re~rponded to this nationa£ emergency 6y vo£unteering
to serve on searci and rescue anar emergency med~ca£ se~ices teams, 6y
donating 6gooaC tirougt tf~e ~merican q~d cross, and 6y praying for the
~JnitedStates of ~merica;. and
g4~t~ereas: ~qtiife we as a ~Jnion stiff continue to recover from the unspea~a6fe goss
of so many innocent Frees, tie indomitable spirit of tie ~]nitedStates fas
$een revita£~zed and given way to numerous e~pressions of lieroism and
patriotism,, and
· l?~ereas: qlie ttreat of terrorism, destruction and senseless violence'must 6e
6anished for any free society to e~st; and
g4~ereas: Virghtia ~Beact is a patriotic ~merican community tiat sf~ares in tte grigc
ancf 't~iff commemorate tie one-year anniversary of the Septem6er II
t ragedies:
~/'o~v, Cllierefore, I, 5~4eyera ~E. 06erndo~c, Yrlayor of tie City of Virginia q~each,
Virginia, do ftere6y qYocfaim Septemlier 11, 2002 as:
Virginia $eacli emem6ers 9-11
q)ay in Virginia CBeaclf, and I caff upon afgcitizens to prayfor our country, and for tie
famines oft ie people who were slain in tlie Septem6er 11, 2001 attae~, and for those
wlio were injurear and are suffering as a result of tliese hotrifsc acts.
I a~o caffupon affcitizens and6usinesses toffy their~mericauffags at Jarl-staff
from daurn unt if aCusf~ on Septem6er 1I, 2002; and for afl res~ents to turn on porci
£~its in tile evening from arusfc untif mitfn~lit on tiat date as a sign of unity.
l furt her caff upon aff iouses of worst~p anaC otter facifities tirougiout tie region to
toff 6effs or climes amf to hofd a moment of silence on September I1, 2002 to o6serve
tfese times:
&45 a.m. - tie attacfL on tie ~t'ortf Tower of the e~P'orf~CFrade Center
9:03 a.m. - tie attac~ on tie $out~'~ower of the g4?orf~C Trade Cent~
9:43 a.m. - tie attacfL on tile CPenta$on
1 O: 10 ,, m. - tlie p~ane crash in Somerset County, ~Pennsyfvania~
In g4A'tness 'Whereo~ I have tereunto set my hanaC and caused the Officiaf Seaf of the
City of V. irginia $eacfg Virginia, to $e afft~ed tiis ~Ywenty-ninth day of ~ ngust, Two
qliousand q~wo.
9ffeyera ~ 06ernaCo~c
~fayor
I. RESOLUTIONS
Resolution to AUTHORIZE the City Manager to execute a Memorandum of
Understanding with the District of Columbia re Virginia Beach providing security
during the International Monetary Fund/World Bank Fall Conference September 27
thru 29, 2002.
Resolution to COMMEND the Sornesen Institute for political leadership and the
Virginia Ethics Forum for their initiative and work on the Codes of Conduct project in
Virginia.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: A Resolution Authorizing the City Manager to Execute a Memorandum of
Understanding with the District of Columbia
MEETING DATE: September 10, 2002
Background:
On July 21, 2002, Charles H. Ramsey, Chief of the District of Columbia Metropolitan Police
Department wrote to Chief Jacocks requesting assistance from the Virginia Beach Police
Department for the purpose of providing security during the International Monetary Fund/World
Bank Fall Conference scheduled for Friday, September 27, 2002 through Wednesday, October
4, 2002. Specifically, the City's assistance has been requested for September 27, 28 and
29,2002.
Considerations:
Our officers will be deputized as Deputy U. S. Marshals for this event and fall under the Federal
Government for liability purposes. The District of Columbia will reimburse the City for personnel
expenses with funds provided by the United States and from general revenue. This event
presents a unique opportunity for our officers and command staff personnel to gain practical
experience in planning, executing and evaluating command and control functions during a large
scale event.
Recommendations:
Adoption of Resolution
Public Information:
This Resolution will be advertised in the same manner other Council agenda items are advertised.
Attachments:
Resolution
Summary of Terms
Recommended Action: Approval
Submitting Dep_~rtment/Agqncy: Police
City Manager: ~~f~L~ ~
F:\DataLa, ThqOrdin\NON~_~\CA_8595.arf.wpd
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE DISTRICT OF
COLUMBIA
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WHEREAS, Virginia law authorizes local governments to
enter into reciprocal agreements for cooperation in the
furnishing of police services with the District of Columbia; and
WHEREAS, it is deemed mutually beneficial to the City
of Virginia Beach and the District of Columbia to enter into an
agreement concerning cooperation with regard to law enforcement,
increasing the ability of the District of Columbia to promote the
safety and welfare of the Nation's Capitol.
NOW, THEREFORE, BE I.T RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the accompanying Memorandum of Understanding is
hereby approved, and the City Manager is hereby authorized and
directed to execute said Agreement on behalf of the City of
Virginia Beach. A summary of the material terms is hereto attached
and a true copy of the Agreement is on file with the City Attorney.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the day of , 2002.
CA-8595
ordin/noncode/District of Columbia MOU.res
August 30, 2002
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APPROVED AS TO CONTENT:
Police Department
APPROVED AS TO LEGAL
SUFFICIENCY~~.~.: ~J
City Attorney's Office
SUMMARY OF MATERIAL TERMS
Event - The Fall Conference of the International Monetary Fund/World Bank scheduled to
be held in Washington, D.C. from September 27, 2002 to October 4, 2002.
Memorandum of Understanding - An agreement between the City of Virginia Beach, United
States Attorney for the District of Columbia, United States Marshal Service and the
Metropolitan Police Department entered into in anticipation of up to 100,000 demonstrators
entering the District of Columbia for the purpose of protesting the above described event.
Violent clashes are expected.
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Nature - Allows the City of Virginia Beach to provide police manpower and equipment, if
available, in an effort to maintain public safety during the above described event.
Term - This agreement is effective fi.om September 27, 2002 through September 29, 2002,
or as needed, to maintain public safety during the above referenced event contingent upon
the availability of City resources.
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Insurance - For the limited purpose of defending claims arising out of IMF Task Force
activity, our officers, specially deputized as U.S. Marshals, while acting within the course
and scope of their official duties and assignments pursuant to this MOU, are covered under
the Federal Employees Liability Reform and Tort Compensation Act of 1988.
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Deputation - City of Virginia Beach Police Officers will be deputized as Deputy U.S.
Marshals for this event and shall be considered federal employees during this event.
7. Funding - The City's personnel costs will be reimbursed by the District of Columbia.
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Liability - Officers participating in this operation are considered federal employees for
liability purposes.
Duration - This agreement may be terminated at anytime, by any of the participating
agencies, by providing a seven-day notice of intent to withdraw to the Metropolitan Police
Department.
10.
Modifications - This Memorandum of Understanding can be modified at any time by written
consent of all parties.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is executed by the United States Attorney for
the District of Columbia, United States Marshal Service, the Metropolitan Police Department of
Washington, D.C. (MPD) and the City of Virginia Beach (City), a municipal corporation of the
Commonwealth of Virginia.
I. PURPOSE
The purpose of the MOU is to outline the mission of the International Monetary Fund/World
Bank (IMF) Task Force in the Washington, D.C. area from September 27 to October 4, 2002.
Additionally, this MOU will define relationships between the U.S. Marshal Service, MPD and the
City, as well as other participating agencies with regard to policy, guidance, utilization of resources,
planning, training, public relations and media in order to maximize interagency cooperation.
II. MISSION
The mission of the IMF Task Force is to achieve maximum coordination and cooperation
in bringing to bear combined resources to effectively implement measures to ensure the safety of the
public, the IMF delegates, visitors and residents while allowing individuals and groups to exercise
their rights.
Additionally, all units that are participating agencies will coordinate their activities and be
· considered IMF Task Force sharing information and coordinating investigative and law enforcement
efforts which result from apprehensions originating from the IMF Task Force.
III. ORGANIZATIONAL STRUCTURE
A. Direction
The City acknowledges that the IMF Task Force is a joint operation in which all agencies,
including the Metropolitan Police Department of District of Columbia, Office of the United States
Attorney for District of Columbia, United States Marshals Service, United States Secret Service,
United States Federal Bureau of Investigation, National Park Service, City of Virginia Beach Police
Department and other agencies, act as partners in the operation of the IMF Task Force. The
Command Center for the operations will be located at the Metropolitan Police Department (MPD)
Headquarters and will be staffed by officers from U.S. Secret Service, MPD, U.S. Park Police, and
the Federal Bureau of Investigation. These officers will serve as the Executive Council for this
operation.
B. Supervision
The day-to-day operation and administrative control of the IMF Task Force will be the
responsibility of a Tactical Team Commander selected from one of the participating agencies. The
Tactical Team Commander will coordinate with supervisory personnel of the United States Marshals
Service as the sponsoring agency for Special Deputation (federal) and with MPD as the lead agency
for the operation. The daily management of the IMF Task Force will be closely monitored by the
MPD.
Responsibility for the conduct of the IMF Task Force members, both personally and
professionally, shall remain with the respective agency directors subject to the provisions in Section
IX (Liability).
IV. PROCEDURES
A. Personnel
Continued assignment of personnel to the IMF Task Force will be based upon performance
and will be at the discretion of the respective agency. Each participating agency will be provided
with reports as necessary regarding the program, direction, and accomplishment of the EVIF Task
Force.
B. Deputation
All local and state law enforcement personnel designated to the IMF Task Force will be
subject to background inquiry and will be federally deputized, with the United States Marshals
Service securing the required deputation authorization. These deputations will remain in effect
throughout the tenure of each officer's assignment to the IMF Task Force or until termination of the
IMF Task Force, whichever occurs first. Each individual deputized as a Special U.S. Marshal will
have all necessary law enforcement authority as provided by 28 U.S.C. 566(c) and (d); 28 U.S.C.
564, 18 U.S.C. 3053, 28 C.F.R. 0.112 and the deputation authority of the Deputy Attorney General.
The Special Deputy Marshals will be responsible for 1) performing necessary law enforcement steps
to keep the peace of the United States; 2) enforcing federal law (e.g., 18 U.S.C. 112, 1116, and 878
as well as other provisions of that title); 3) protecting visiting foreign officials, official guests, and
internationally protected persons; 4) taking necessary law enforcement steps to prevent violations
of federal law, and; 5) enforcing District of Columbia law as a result of the deputation (see D.C.
Code 22-501 and 28 U.S.C. 564).
Individuals detailed under this provision who suffer a disability or die as a result of personal
injury sustained while in the performance of his or her duty during the assignment shall be treated
as a federal employee under 5 U.S.C. Section 8101 as provided by 5 U.S.C. Section 3374(d). Any
such individuals who apply to the U.S. Department of Labor for federal workers' compensation
under Section 3374 must submit a copy of this Memorandum of Understanding with his or her
application. All applicants will be processed by the U.S. Department of Labor on a case by case
basis in accordance with applicable law and regulation.
C. Law Enforcement Activities
Since it is anticipated that almost all cases originating from IMF Task Force arrests will be
prosecuted at the state or local level, the law enforcement methods employed by all participating law
enforcement agencies shall conform to the requirements of such statutory or common law pending
a decision as to a change of venue for prosecution.
D. Prosecution
The criterial for determining whether to prosecute a particular violation in federal or state
court will focus upon achieving the greatest overall benefit to law enforcement and the community.
Any question which arises pertaining to prosecutorial jurisdiction will be resolved through the
Executive Council. The U.S. Attomey's Office for the District of Columbia has agreed to formally
participate in the IMF Task Force and will adopt policies and seek sentences that meet the needs of
justice.
V. ADMINISTRATIVE
A. Records and Reports
All records and reports generated by IMF Task Force members shall be routed through
the Tactical Team Commander who shall be responsible for maintaining custody and proper
dissemination of said records as he or she deems appropriate.
B. Unilateral Law Enforcement Action
There shall be no unilateral action taken on the part of any participating agency relating to
IMF Task Force activities. All law enforcement action will be coordinated and conducted in a
cooperative manner under the direction of the Executive Council and the MPD.
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C. Staff Briefings
Periodic briefings on the IMF Task Force law enforcement actions will be provided to the
directors of the participating agencies or their designees. Statistics regarding accomplishments will
also be provided to the participating agencies as available.
VI. MEDIA
All media releases pertaining to the IMF Task Force law enforcement activity and/or arrests
will be coordinated by all participants of this MOU. No unilateral press releases will be made by
any participating agency without the prior approval of the Executive Council. No information
pertaining to the IMF Task Force itself will be released to the media without mutual approval of all
participants.
VII. EQUIPMENT
A. IMF Task Force Vehicles
Each participating agency, pending availability and individual agency policy, agrees and
authorizes IMF Task Force members to use vehicles, when available, owned or leased by those
participating agencies, in connection with IMF Task Force law enforcement operations. In turn, each
participating agency agrees to be responsible for any negligent act or omission on the part of its
agency or its employees, and for any liability resulting from the misuse of said vehicles, as well as
any damage incurred to those vehicles as a result of any such negligent act or omission on the part
of the participating agency or its employees, subject to the provisions of Section IX (Liability).
Participating agency vehicles assigned to the IMF Task Force are subject to funding
availability, are provided at the discretion of the supervisor of the providing agency and will be
utilized only by the IMF Task Force members. Vehicles provided by participating agencies will be
used only during working hours and will not be used for transportation to and fi.om work by task
force members or used for any other purpose. Participating agencies will provide maintenance and
upkeep of their vehicles consistent with each agency's policy. Vehicles provided as pool vehicles
for IMF Task Force use will be parked at the end of each shift at a location determined by the
Tactical Team Commander or his designee.
B. Other Equipment
Other equipment furnished by any agency for use by other agencies' participating
personnel shall be returned to the originating agency upon termination of the IMF Task Force or this
MOU.
VIII. FUNDING
The City agrees to provide the full-time services of its respective personnel from September
27, 2002 through September 29, 2002, or as needed, contingent upon the availability of City
resources, and to assume all personnel costs for their IMF Task Force representatives, including
salaries, overtime payments, and fringe benefits consistent with their respective agency policies and
procedures. Reimbursement for the cost of such personnel will be made by the District of Columbia,
with funds provided by the United States and from general revenue.
IX. LIABILITY
Unless specifically addressed by the terms of this MOU, the parties agree to be responsible
for the negligent or wrongful acts or omissions of their respective employees. Legal representation
by the United States is determined by the Department of Justice on a case-by-case basis. The United
States Marshals Service cannot guarantee the United States will provide legal representation to any
federal, state or local law enforcement officer. Congress has provided that the exclusive remedy for
the negligent or wrongful act or omission of any employee of the United States government, acting
within the scope of employment, shall be an action against the United States under the Federal Tort
Claims Act (FICA), 28 U.S.C. 1346(b), 2671-2680.
For the limited purpose of defending claims arising out of IMF Task Force activity, state or
local law enforcement officers who have been specially deputized as U.S. Marshals and who are
acting within the course and scope of their official duties and assignments pursuant to this MOU,
may be considered an "employee" of the United States government as defined in 28 U.S.C. 2671.
It is the position of the Department of Justice Civil Division Torts Branch that such individuals are
federal employees for these purposes.
Under the Federal Employees Liability Reform and Tort Compensation Act of 1988
(commonly known as the Westfal I Act), 28 U.S.C. 2679(b)(1), the Attorney General or his designee
may certify that an individual defendant acted within the scope of employment at the time of the
incident giving rise to the suit. Id., 28 U.S.C. 2679(d)(2) The United States can then be substituted
for the employee as the sole defendant with respect to any tort claims. 28 U.S.C. 2679(d)(2). If the
United States is substituted as defendant, the individual employee is thereby protected from suits in
his official capacity.
If the Attorney General declines to certify that an employee was acting within the scope of
employment, "the employee may at any time before trial petition the court to find and certify that the
employee was acting within the scope of his office or employment." 28 U.S.C. 2679(d)(3).
Liability for any negligent or willful acts of IMF Task Force employees, undertaken outside
the terms of this MOU will be the sole responsibility of the respective employee and__ agenc..._..~_y
involved.
Liability for violations of federal constitutional law rests with the individual federal agent
or officer pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S.
3 88 (1971) or pursuant to 42 U.S.C. 1983 for state and local officers or cross-deputized federal
officers.
Both state and federal officers enjoy qualified immunity fi.om suit for constitutional torts
insofar as their conduct does not violate clearly established statutory or constitutional fights of which
a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800 (1982).
IMF Task Force officers may request representation by the U.S. Depar~ent of Justice for
civil suits against them in their individual capacities for actions taken within the scope of
employment. 28 C.F.R. 50.15, 50.16
An employee may be provided representation when the actions for which representation is
requested reasonably appear to have been performed within the scope of the employee's employment
and the Attorney General or his designee determines that providing representation would otherwise
be in the interest of the United States. 28 C.F.R., 50.15(a). An IMF Task Force officer's written
request for representation should be directed to the Attorney General and provided to the Counsel
of the United States Marshals Service division coordinating with the IMF Task Force. The Counsel
will then forward the representation request to the United States Marshals Service's Office of
General Counsel together with a letterhead memorandum concerning the factual basis of the lawsuit.
The United States Marshals Service Office of General Counsel will then forward the request to the
Civil Division of the Department of Justice together with an agency recommendation concerning
scope of employment and Department representation. 28 C.F.R. 50.15(a)(3).
If an IMF Task Force officer is found to be liable for a constitutional tort, he/she may request
indemnification from the Department of Justice to satisfy an adverse judgment rendered against the
employee in his/her individual capacity. 28 C.F.R. 50.15(c)(4). The criteria for payment are
substantially similar to those used to determine whether a federal employee is entitled to Department
of Justice representation under 28 C.F.R. 50.15(a).
X. DURATION
This MOU shall remain in effect until terminated as specified below. Continuation of the
MOU shall be subject to the availability of necessary funding. This agreement may be modified at
any time by written consent of all involved agencies. This agreement may be terminated at any time
by any of the participating agencies, including the United States Marshals Service. The City may
withdraw from this MOU at any time by providing a seven-day written notice of its intent to
withdraw to the MPD. Upon the termination of the MOU, all equipment will be returned to the
supplying agencies.
X. MODIFICATIONS
This MOU may be modified at any time by written consent of all parties. Modifications to
this MOU shall have no force and effect unless such modifications are reduced to writing and signed
by an authorized representative of each participating agency.
CITY OF VIRGINIA BEACH, VA
ATTEST:
City Manager/Authorized Designee
By:
City Clerk
WASHINGTON, D.C. METROPOLITAN
POLICE DEPARTMENT
ATTEST:
By:
District Clerk
CHARLES H. RAMSEY
CHIEF OF POLICE
SEEN AND AGREED:
UNITED STATES MARSHALS SERVICE
ATTEST:
U. S. Marshal
By:
District Clerk
UNITED STATES ATTORNEY
FOR THE DISTRICT OF COLUMBIA
ROSCOE HOWARD
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CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
A Resolution Commending the Sorensen Institute for Political Leadership
and the Virginia Ethics Forum For Their Initiative and Work on the Codes of
Conduct Project in Virginia
MEETING DATE: September 10, 2002
Background:
The Sorensen Institute for Political Leadership, a private non-profit organization affiliated with
the University of Virginia, offers education for community leaders to prepare them for public
service. In an effort to encourage issue-based campaigns, it has joined with the Virginia Ethics
Forum to promote the development of Codes of Conduct in Congressional races throughout the
Commonwealth.
Considerations:
A Code of Conduct is a mutually agreed upon set of standards, developed by the candidates
in a particular race, intended to eliminate personal attacks and mudslinging during the
campaign. Codes will not, however, limit candidates in their ability to compare and contrast their
positions on issues.
This project has been endorsed by diverse groups across the Commonwealth, including the
Virginia Chamber of Commerce, the Virginia Bar Association and the Woman Activist Fund, Inc.
The Sorenson Institute has requested that the City Council adopt a resolution supporting the
project.
Public Information:
The item will be publicized by advertisement of the City Council's agenda.
Attachments:
Resolution
Recommended Action: N/A
Submitting Department/Agency: Mayor Meyera E. Oberndorf
City Manager:
F:\Users\LSpencer\W P\WORKSSorensen.arf.wpd
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REQUESTED BY MAYOR MEYERA E. OBERNDORF
A RESOLUTION COMMENDING THE SORENSEN INSTITUTE
FOR POLITICAL LEADERSHIP AND THE VIRGINIA
ETHICS FORUM FOR THEIR INITIATIVE AND WORK ON
THE CODES PROJECT IN VIRGINIA
WHEREAS, the Sorensen Institute for Political Leadership
(SIPL) and the Virginia Ethics Forum (VEF) are non-partisan, non-
profit organizations dedicated to improving governance in Virginia;
and
WHEREAS, SLIP and VEF have joined together for the Codes
of Conduct Project which encourages Congressional candidates to
develop and sign a Code of Conduct; and
WHEREAS, a Code of Conduct is a set of standards based on
values such as honesty and respect intended to eliminate attack-
oriented campaigning; and
WHEREAS, a Code of Conduct is good for democracy because
it encourages civil dialogue between candidates and allows the
public to focus on issues rather than personal attacks; and
WHEREAS, the November 2002 election cycle is the first
time the Codes of Conduct Project has encouraged candidates to
develop a Code of Conduct on a large scale in Virginia; and
WHEREAS, the Codes of Conduct Project has received
endorsements from diverse organizations from across the
Commonwealth including the Virginia Chamber of Commerce, the
Virginia Bar Association and the Woman Activist Fund, Inc.;
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
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That the City Council hereby commends the Sorensen
Institute for Political Leadership and the Virginia Ethics Forum
for their initiative and work on the Codes of Conduct Project in
Virginia; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Clerk is requested to present a true copy
of this Resolution to the ~orensen Institute for Political
Leadership and the Virginia Ethics Forum as an expression of the
City Council's admiration for the Sorensen Institute and Virginia
Ethics Forums vision and good works and for its sustained
con~nitment to the future of the Commonwealth.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the day of , 2002.
CA-8602
www/ordres/sorensen.res
September 4, 2002
R-1
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J. PLANNING
Application of CHARLES BARKER TOYOTA for a Conditional Use Permit for
motor vehicle sales and service on the south side of Laskin Road, east of Regency
Drive (1877 Laskin Road), containing 7.9 acres.
(DISTRICT 6 - BEACH)
Application of BIRDNECK BUSINESS CENTER, L.L.C., for a Conditional Use
Permit for automobile repairs, painting and restoration on the west side of S.
Birdneck Road, north of Bells Road, containing 4.962 acres.
(DISTRICT 6 - BEACH)
Application of IGLESIA DE DIOS EBEN-EZER for a Conditional Use Permit for a
church at the southeast comer of Eaglewood Drive and Chickadee Lane (1101
Eaglewood Drive), containing 1.269 acres.
(DISTRICT 6 - BEACH)
Application of JAIMEANNA, INC., for a Conditional Use Permit for an Open Space
on the south side of Salem Road, west of Highland Drive, contains 54.4 acres.
(DISTRICT 1 - CENTERVILLE)
Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning
Ordinance(CZO) re sign regulations in the B-3A Pembroke Central Business Core District.
M.p I-6 Charles Barker
Mop Not to ~c~e
Gpin 2407-57-4760 - 2632
ZONING HISTORY
1. Conditional Use Permit (fuel sales) - Granted 5-28-02
Conditional Use Permit (motor vehicle sales) - Granted 12-14-87
2. Conditional Use Permit (motor vehicle sales) - Granted 5-9-00
3. Conditional Use Permit (motor vehicle sales) - Granted 5-8-99
4. Conditional Use Permit (motor vehicle rentals) - Granted 5-12-98
Conditional Use Permit (motor vehicle sales & service) - Granted 6-27-97
5. Conditional Use Permit (motor vehicle sales & service) - Granted 8-26-97
6. Conditional Use Permit (bulk storage) - Granted 3-28-88
7. Conditional Use Permit (auto part sales) - Granted 3-14-83
8. Change of Zoning (A-1 Apartment District to B-2 Community Business
District) - G ranted 2-22-82
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Charles Barker Toyota - Conditional Use ,Permit
MEETING DATE: September 10, 2002
Background:
An Ordinance upon Application of Charles Barker Toyota for a Conditional Use Permit for
motor vehicle sales and service operations on the south side of Laskin Road, east of
Regency Drive (GPIN #2407-57-4760; #2407-57-2632). Said parcel is located at 1877
Laskin Road and contains 7.9 acres. DISTRICT 6 - BEACH.
Considerations:
The applicant wishes to expand the existing automobile sales and service facility onto
vacant land on the southern portion of these two (2) adjacent lots. The existing Conditional
Use Permit does not allow this expansion without review and approval of City Council.
Three (3) additions to the existing building are proposed as well.
The Planning Commission placed this item on the consent agenda because the expansion,
developed in accordance with the attached conditions, will improve the appearance of the site
and improve the compatibility between this and neighboring uses, staff recommended approval
and there was no opposition to the request.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 10-0 to approve
this request subject to the following conditions:
All improvements shall substantially adhere to the exhibit entitled "Charles Barker
Toyota, Laskin Road, Virginia Beach, VA," prepared by MSA, P.C., dated July 10,
2002, provided however that the plan may be modified as directed during detailed
site plan review to conform to requirements of applicable City ordinances.
The proposed building elevation shall substantially adhere to the submitted
Attachments:
Staff Review
Planning Commission Minutes
Disclosure Statement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agen. cy:
City Manage~ l~- Planning Departmen~ljl& ! i~_...'
Charles Barker
Page 2
drawing entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach,
Virginia," prepared by Burkhart, Thomas, Reed, Architecture & Interior Design,
dated June 13, 2002. All signage shall be in compliance with regulations set forth
in the City Zoning Ordinance.
3. All required parking spaces shall be depicted on the final site plan.
4. No loud speakers or outdoor speaker system shall be permitted on site.
5. All parking lot lighting shall be directed inward and shall not reflect toward the
adjacent residential or surrounding properties.
The entire parking lot shall be striped in accordance with City Code requirements
and the Americans with Disabilities Act regulations. All parking spaces and display
areas must be clearly delineated on the final site plan.
7. No vehicles for sale or rent shall be parked within any portion of the public rights-
of-way or within landscaped areas.
o
A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all
property lines that abut apartment or residential district zoned property as required
by the City Zoning Ordinance. In addition, all other applicable landscape
requirements set forth in City ordinances shall be implemented.
Any fencing along property lines adjacent to residential or apartment district zoned
property shall be constructed as a solid wood fence at least six (6) feet in height
and shall be installed no closer than 15 feet from the property line as depicted on
the exhibit entitled "Charles Barker Toyota, Laskin Road, Virginia Beach, VA,"
prepared by MSA, P.C., dated July 10, 2002.
10. No barbed wire shall be permitted on the site.
CHARLES BARKER TOYOTA / # 5 1
General Information:
August 14, 2002
REQUEST:
ADDRESS:
Conditional Use Permit for motor vehicle sales and service
1877 Laskin Road
Map J-6
~opN .... s~o~ Charles Barker
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
24075747600000
24075726320000
6 - BEACH
7.9 acms
Crpin 2407-57-4760 - 2632
Carolyn A.K. Smith
To expand the existing motor vehicle sales and service operation
Major Issues:
· Degree to which the proposal is compatible with the surrounding land uses.
· Consistency of the proposal with the level of quality sought for the Laskin
Road Corridor.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page I
Land Use, Zoning,
and Site
Characteristics:
Existinq Land Use and
Zoninq
There is an existing automobile
sales and service operation on
the property fronting Virginia
Beach Boulevard. There are
approximately 2.75 aores of
vacant property to the south
(behind the existing building) that
the applicant wishes to utilize for
the expansion of the existing business. This vacant land is on the southern portion of
two (2) adjacent parcels that is currently occupied by existing automobile sales and
service businesses. Both parcels are zoned B-2 Community Business District.
Surroundinq Land Use and Zoning
North:
South:
East:
West:
· Retail shopping center, single-family dwelling / B-2
Community Business District
· Multifamily dwelling units / A-18 Apartment District
· Car wash / B-2 Community Business District
· Automobile sales, office, multi-family dwellings /
B-2 Community Business District, A-18 Apartment
District
Zoning History
There have been many auto related Conditional Use Permits granted in the vicinity of
this property. These permits authorized fuel sales and motor vehicle sales, service and
rental. The original Conditional Use Permit for an automobile dealership with a repair
and paint shop and was granted by City Council on July 11, 1966.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ area of greater than 75 dB Ldn surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The property is located in the Chesapeake Bay watershed. Approximately one-forth of
the site is wooded. The remaining land exists as managed lawn. The applicant is
proposing to save 18 trees and will receive credit towards the required display area
landscape requirement.
Public Facilities and Services
Water and Sewer
Water:
There is a 36 inch water main and a 16 inch water main in the north
side of Laskin Road. This site has an existing 1 ~ inch meter that
may be utilized or upgraded.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 2
Sewer:
There is a 10 inch sanitary sewer main fronting the property and a
24 inch force main in the north side of Laskin Road. This site is
connected to City sewer.
Transportation
Master Transportation Plan (MTP)/Capital Improvement Program (CIP):
Laskin Road in the vicinity of this application is a major arterial four-lane highway
with feeder lanes. There is a project in the current CIP to widen Laskin Road to an
eight lane divided facility starting just east of the site at Republic Road and
extending to the east to Winwood Drive.
Traffic Engineering staff have indicated that the estimated 231 additional daily trips
potentially generated by the proposal will not noticeably affect traffic movement in
the area.
Traffic Calculations:
Strcct Name Present I Present Generated Traffic
Volume Capacity
Existing Land Use z_ 1,418 ADT
Laskin Road 27,627 ADT ~ 27,300 ADT 1
' Averaae Daily Trir~.~ Proposed Land Use 3_ 1,649 ADT
2 as defined by motor vehicle sales and service of a 26,633 square foot facility
3 as defined by motor vehicle sales and service of a 34,243 square foot facility
Public Safety
Police:
No comments.
Fire and
Rescue:
Adequate - no further comments.
Comprehensive Plan
The Comprehensive Plan Map designates this area for retail, service, office and other
compatible uses within commercial centers serving surrounding neighborhoods and
communities.
Summary of Proposal
Proposal
The applicant wishes to expand the existing automobile sales and service
facility onto vacant land on the southern portion of these two (2) adjacent lots.
The existing Conditional Use Permit does not allow this expansion without
review and approval of City Council. Three (3) additions to the existing
building are proposed as well.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 3
Site Desiqn
The site plan depicts three (3) large, existing buildings: one (1) on the lot to
the east and two (2) on the lot to the west. There is an existing one (1) stow
automobile sales building on the eastern 2.90 acre parcel. A two (2) stow
automobile sales and service building and a one (1) stow body shop building
are located on the western 5.03 acre.parcel. Several sheds and a small
rental building also exist on these sites. Three (3) additions are proposed to
the two (2) stow sales building - a 2,800 square foot service reception area, a
3,360 square foot service bay expansion, and a 1,920 square foot showroom
addition.
g spaces are depicted on the exhibit plan. However, the expansion of the
reception area and the showroom will necessitate the elimination of at least
26 parking spaces. The total number of required parking spaces site is 38
plus at least one (1) space per employee on maximum working shift. During
final design, the applicant will be required to accommodate a minimum of two
(2) handicap spaces as well.
There is an existing 50 foot wide ingress/egress easement along the western
property line that serves Parcel D, the property to the south.
There is also a 50 foot wide Dominion Power right-of-way along most of the
southern property line and near the western property line.
There is a note on the plan stating that the stormwater management facility
will be an underground system.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 4
Vehicular and Pedestrian Access
· There are six (6) existing ingress/egress points off of Laskin Road that service
- ' i ........ ~1 " ~ ~ .....~ ....
both parcels - two (2) points for the parcel to the east and four (4) for the
western parcel. One (1) of these points will be closed due to the addition of
ten (10) striped parking spaces.
Pedestrian access is adequate.
Architectural Desi,qn
The submitted building elevation depicts the front fa(;ade that will face Laskin
Road. A wide band of off-white exterior insulatibn and finish system (EIFS) is
depicted along the top of the flat roof building. Medium tinted glass is the
primary material for the front of the structure. Signage includes block letters
of black and red.
Two (2) service bays facing Laskin Road are proposed; however, these bays
are located approximately 45 feet from the front of the building and
approximately 120 feet from the right-of-way.
Landscape and Open Space Desiqn
The minimal existing landscaping does not conform to current standards
found in the City Zoning Ordinance. The plan does depict four (4) new trees
to be planned with the proposed new parking spaces.
A total of 65 trees are to be installed within the proposed display area. Due to
the preservation and size of the 19 trees that will remain a "credit" of 52 trees
will be provided. '
The required Category IV landscaping (a mix of trees and shrubs) is depicted
along the southem and western property lines as this site is adjacent to
apartment district zoning.
· The required foundation landscaping is depicted along the northern fa(;ade of
the showroom addition.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 5
Evaluation of Request
The request for a conditional Use Permit for the expansion of the existing automobile
sales and service facility is recommended for approval subject to the conditions listed
below. These conditions are designed to improve the appearance of the site and
improve the compatibility between this and neighboring uses. Further, it must be
stressed that the approval of the conceptual plan as part of the use permit will not
alleviate the applicant from adhering to all applicable City ordinances and requirements.
Any expansion of commercial uses in this area should be done in harmony with the
concept of providing an attractive, safe, and well-maintained physical environment and
to ensure that the uses are consistent with the goals established for the Laskin Road
Corridor. Development proposals must make adequate provisions to ensure the highest
degree of site and building design quality, increased parking lot and building foundation
landscaping, and adequate visual screening against apartment and residential uses.
Staff concludes that the proposal, as conditioned below, accomplishes this.
Conditions
All improvements shall substantially adhere to the exhibit entitled "Charles Barker
Toyota, Laskin Road, Virginia Beach, VA," prepared by MSA, P.C., dated July 10,
2002, provided however that the plan may be modified as directed during detailed
site plan review to conform to requirements of applicable City ordinances.
The proposed building elevation shall substantially adhere to the submitted drawing
entitled, "Charles Baker Toyota, 1877 Laskin Road, Virginia Beach, Virginia,"
prepared by Burkhart, Thomas, Reed, Architecture & Interior Design, dated June 13,
2002. All signage shall be in compliance with regulations set forth in the City Zoning
Ordinance.
3. All required parking spaces shall be depicted on the final site plan.
4. No loud speakers or outdoor speaker system shall be permitted on site.
5. All parking lot lighting shall be directed inward and shall not reflect toward the
adjacent residential or surrounding properties.
The entire parking lot shall be striped in accordance with City Code requirements
and the Americans with Disabilities Act regulations. All parking spaces and display
areas must be clearly delineated on the final site plan.
7. No vehicles for sale or rent shall be parked within any portion of the public rights-of-
way or within landscaped areas.
o
A fifteen foot (15) wide, Category IV landscape buffer shall be installed along all
property lines that abut apartment or residential district zoned property as required
by the City Zoning Ordinance. In addition, all other applicable landscape
requirements set forth in City ordinances shall be implemented.
Any fencing along property lines adjacent to residential or apartment district zoned
property shall be constructed as a solid wood fence at least six (6) feet in height and
shall be installed no closer than 15 feet from the property line as depicted on the
exhibit entitled "Charles Barker Toyota, Laskin Road, Virginia Beach, VA," prepared
by MSA, P.C., dated July 10, 2002.
10. No barbed wire shall be permitted on the site.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 6
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 7
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 8
Proposed Building
Elevation
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 9
Planning Commission Agenda
August 14, 2002
CHARLES BARKER TOYOTA / # 5
Page 10
Item #5
Charles Barker Toyota
Conditional Use Permit for motor vehicle sales
And service operations
1877 Laskin Road
District 6
Beach
August 14, 2002
CONSENT
Robert Miller: Item #5 is Charles Barker Toyota, a Conditional Use Permit for motor
vehicle sales and service operations on the south side of Laskin Road, east of Regency
Drive.
Michael Perry: Good afternoon. My name is Michael Perry. I'm representing the
applicant Charles Barker Toyota and they agree on the conditions.
Robert Miller: There are ten conditions.
Michael Perry: Yes sir.
Robert Miller: Is there any opposition to Item #5 on the Consent agenda?
Ronald Ripley: And Joe Strange, I'd ask if you wouldn't mind, comment on Item #5.
Joe Strange: Okay. Number 5 is a Conditional Use Permit from Charles Barker Toyota
for a motor vehicle sales and service operation from the south }ide of Laskin Road. This
is basically an application to increase the showroom and the size of Charles Barker
Toyota. Again, there' s been no opposition from any of the neighbors or any of
businesses in that area. It has been approved by the Planning staff.
Ronald Ripley: Okay. Thank you very much for the explanation. And I would like a
motion to approve Item 5. Could I have a motion Betsy?
Betsy Atkinson: So moved.
Ronald Ripley: Motion by Betsy Atkinson, seconded by Don Horsley.
Robert Miller: I need to abstain from Item #5. My firm is working on that project.
Ronald Ripley: So noted. Any other abstentions? We're ready to vote.
Item #5
Charles Barker Toyota
Page 2
AYE 9
NAY 0
ABSENT 1
ABS 1
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD
ABSENT
ABS
Ronald Ripley: By a vote of 9-0 with one abstention, that item passes.
APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSUltE STATEMENT
Applieaat'sName: Charles Barker Toyota
List All Cat'rent
PropertyOwner~: Charles G. 6, Susan L. Barker
Harold Heischober Family, LC
PROPERTY OWNER DISCLOSURE
If the prolx-rry owner is a CORPORATION, list all officen ofth~ Corlmration below: 64ttach lt~t ~fnec~a~ry)
N/A
If the property owner is a PARTNERSI~Ip, FIRM, or other UNINCORPORATED ORGANIZATION, liar
ail membem or parlners in the organization below: (Attach list if necessary)
Charles G. & Susan L. Barker
Harold Heischober Family, LC
Check here iftbe prope~j owner is NOT a corporation, pa.q~-m~p, firm, or other unincorporated
o ~r~ni~tion.
If the applicant is not the current owner of the property, complete the Applicant Disclosure set,on below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
N/A
~theapplicantisaPARTNERSHIP, FIRM, orotherUNiNCORPORATEDORGANiZATiON, list all
members orpartners~ theorgani~fionbelow: ~n~h ~t~n~sary)
Charles G. & Susan L. Barker
Harold Heischober Family, LC
{~ Check here if the applicant is NOT a corporation, parmership, firm, or other unincorporated o ~r?ni,,ation.
CERTIFICATION: l certify that the ' o~~ co_ nta~..ed ~e~e~ and accurat~
Signatu~
Charles G. Barker
Print Name
Re~. ~tl5/98
M~
Not to
I-!
Birdneck Business Center, L.L.C.
OWL'S
G~in 2416-48-2808
R-lO
ZONING HISTORY
1. Conditional Use Permit (Automobile Repair Facility, Painting and Restoration,
and Automobile Storage) - Approved 10-23-01
Rezoning (Conditional B-1 Business and Conditional AG-1 Agricultural to I-1
Light Industrial) - Approved 11-10-98
Rezoning (I-1 Light Industrial to Conditional B-1 Business and Conditional AG-1
Agricultural) and a Conditional Use Permit (Animal Hospital) - Approved 5-27-97
2. Subdivision Variance - Approved 4-11-00
3. Subdivision Variance - Approved 3-26-96
4. Subdivision Variance - Approved 3-22-94
5. Rezoning (R-10 Residential to A-18 Apartment) - Withdrawn 3-29-91
6. Subdivision Variance - Approved 10-9-01
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Birdneck Business Center, L.L.C. - Conditional Use Permit
MEETING DATE: September 10, 2002
Background:
An Ordinance upon Application of Birdneck Business Center, L.L.C., a Virginia limited liability
company, for a Conditional Use Permit for automobile repairs, painting and restoration on the
west side of S. Birdneck Road, 840 feet north of Bells Road (GPIN #2416-48-2808). Said
parcel contains 4.962 acres. DISTRICT 6 - BEACH.
Considerations:
The applicant is requesting a Conditional Use Permit for Automobile Repairs, Painting and
Restoration.
The Planning Commission placed this item on the consent agenda because the proposed use is
in keeping with the Comprehensive Plan policies for the area, is compatible with the surrounding
uses, staff recommended approval and there was no opposition to the request.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 10-0 to approve
this request subject to the following conditions:
The automobile repair and painting and restoration facility shall be located on the
site as shown on the submitted site plan titled "USE PERMIT PLAN AUTOMOTIVE
BODY WORK, PAINTING & RESTORATION AT 545 S. BIRDNECK ROAD,
BIRDNECK BUSINESS CENTER FOR SEAN FORSYTH, VIRGINIA BEACH,
VIRGINIA", prepared by Land Design and Development, Inc., dated 17, JUNE '02.
Said plan is on file with the City of Virginia Beach Planning Department.
A building permit shall be obtained for and all necessary inspections shall be
conducted on the paint booth or automotive paint area in the building in accordance
Attachments:
Staff Review
Planning Commission Minutes
Disclosure Statement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmentJAgency:_~Planning Departmental
. City Manager~~...~ \/__, -~ 0V~ z.-'~,~t~--~
Birdneck Business
Page 2
with the Uniform Statewide Building Code before occupancy of the building.
3. All automotive repair, painting, and restoration shall take place inside the building.
All doors to the repair, painting, and restoration area shall be kept closed except
when vehicles are entering or leaving the building.
4. There shall be no outside storage of equipment or parts.
5. All vehicles with obvious body damage shall be stored inside the building or in the
storage compound designated on the submitted site plan.
EIlRDNECK BUSINESS CENTER / #
August 14, 2002
General Information:
REQUEST:
ADDRESS:
Conditional Use Permit for Automobile Repairs, Painting and
Restoration
545 S. Birdneck Road, the west side of Birdneck Road, 840 feet
north of Bells Road
Birdneck Business C, ter, L.L.C.
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
24164828080000
6 - BEACH
4.962 acres
Gpin 2416-48-2808
Faith Christie
To establish an automobile repair facility, painting and restoration,
within an office / warehouse project.
Major Issues:
· Compatibility with the existing users in the office / warehouse project and the
surrounding area.
Planning Commission Agenda
BIRDNECK BUSINESS CENTER / # 6 Page I
Land Use, Zoning, and Site
Characteristics:
Existinq Land Use and Zoninq
The site is partially developed with office /
warehouse, automobile repair facility
(painting and restoration), and automobile
storage area, and is zoned I-1 Light
Industrial District.
Surroundinq Land Use and Zoninq
North:
South:
East:
West:
· Owls Creek Golf Course / AG-1 Agricultural
District
· A veterinarian establishment and office-
warehouse/I-1 Light Industrial District
· Birdneck Road
· across Birdneck Road are single-family dwellings /
R~10 Residential District
· A borrow pit / I-1 Light Industrial District
Zoning History
Before 1973, the site was zoned R-D2 Residence Duplex.' With the adoption of the
Comprehensive Zoning Ordinance in 1973, the site was zoned I-1 Light Industrial
District. A conditional rezoning from I-1 Industrial to Conditional B-1 Business and AG-1
Agricultural, and a conditional use permit for a veterinary hospital was approved May
27, 1997. The conditional rezoning was sought to address the proposed unique use for
the site, but the use was not developed. The site was rezoned from the Conditional B-1
Business and AG-1 Agricultural back to I-1 Light Industrial District on November 10,
1998. A conditional use permit was approved in October 2001, for an automobile repair
facility with painting and restoration, in 15,785 square feet of the southern building,
including an automobile storage area on the site.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ area of greater than 75dB Ldn and an Accident Potential Zone II
surrounding NAS Oceana.
Natural Resource and Physical Characteristics
The site is partially developed with office / warehouse buildings, parking areas, and a
stormwater management facility. The site is in the Resource Management Area of the
Chesapeake Bay Preservation Area.
Public Facilities and Services
Water and Sewer
Water:
Sewer:
There is a twelve (12)-inch water main in North Birdneck Road
fronting the property. The site has an existing water meter and is
connected to City water.
There is an eight (8)-inch sanitary sewer main in North Birdneck
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER / # 6
Page 2
Road fronting the site. There is a 42-inch force main extending
through the west side of the property. The site is connected to City
sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (ClP):
Birdneck Road fronting this site is a two lane, undivided, minor urban arterial. This
roadway is programmed in the CIP to be upgraded to a four lane divided highway
with a bikeway from Virginia Beach Boulevard to General Booth Boulevard.
Construction is scheduled to begin in October of 2002. This will increase the level of
capacity to 28,200 trips with a Level of Service of "C".
The proposed development should not noticeably affect the existing traffic patterns
in the area.
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
Birdneck Road 17,294 16,200 ADT Existing Land Use ~ - 384
ADT ~ (Level of
Service of E) Proposed 3_ net increase of 15
Average Daily Trips over existing
based on auto service and repair
based on substitution of 25,212 square feet of office-warehouse use with auto-related use
Public Safety
Police:
No comments at this time.
Fire and
Rescue:
The Fire Marshall's Office will evaluate the site to determine if
there will be any fire lane requirements. A Certificate of
Occupancy shall be obtained from the Permits and Inspections
division of the Planning Department for the appropriate use
group. An approved paint spray booth shall be provided, and
all fire detection and suppression systems shall be installed as
required by the Building Official. The applicant is required to
contact the Fire Marshall's Office to determine any additional
requirements pertaining to storage and handling of flammable
and combustible materials.
Comprehensive Plan
The Comprehensive Plan Map designates this area for suburban employment, which is
an area that is planned for a variety of employment uses including business parks,
offices, and appropriately located industrial and employment support uses.
Planning Commission Agenda
Augus!.,.l, 4, 2002
BIRDNECK BUSINESS CEN ~ ER / # 6
Page 3
Summary of Proposal
Proposal
The applicant intends to establish an automobile repair, painting and
restoration facility. The proposed facility will house Auto Body Contours, a
company that specializes in automobile body work and painting for national
insurance companies, and Eurosport, which is currently located on 17th
Street. Eurosport specializes in automobile enhancement and customizing of
foreign and sports cars.
The site is located on the west side of Birdneck Road in the Owls Creek area
of the city. To the north of the site are mini-warehouses and Owls Creek Golf
Course. To the east of the site is Birdneck Road. Across Birdneck Road are
single-family dwellings. To the south of the site is a veterinary establishment
and office-warehouses. To the west is a borrow pit.
Site Design
The site is currently being developed as an office-warehouse project with an
automobile repair, painting and restoration facility located in the southern
building.
The submitted site plan shows two buildings with a total of 64,987 square feet
of floor area. The proposed use will occupy the rear 25,212 square feet of the
northern building. There are 92 parking spaces depicted on the plan. An
additional 17 parking spaces, to be used for vehicle storage, and stormwater
management facilities are shown at the rear of the site.
Vehicular and Pedestrian Access
Access to the site is from Birdneck Road. This site also provides access for
the mini-warehouse complex to the north.
Sufficient parking exists on the site to support the proposed uses. Circulation
on the site appears to be adequate.
Architectural Desiqn
· The buildings are two story, block and glass with metal roofs. The design is
unique for this area.
Landscape and Open Space Desi.qn
· Although no landscape plan was submitted with this application, the site will
be landscaped in accordance with the approved site plan for the project.
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER / # 6
Page 4
Evaluation of Request
The conditional use permit request for an automobile repair and painting and restoration
facility is acceptable. The proposed use is in keeping with the Comprehensive Plan
policies for the area, and is compatible with the surrounding uses. Staff recommends
approval of the conditional use permit request subject to the following conditions.
Conditions
The automobile repair and painting and restoration facility shall be located on the
site as shown on the submitted site plan titled "USE PERMIT PLAN
AUTOMOTIVE BODY WORK, PAINTING & RESTORATION AT 545 S.
BIRDNECK ROAD, BIRDNECK BUSINESS CENTER FOR SEAN FORSYTH,
VIRGINIA BEACH, VIRGINIA", prepared by Land Design and Development, Inc.,
dated 17, JUNE '02. Said plan is on file with the City of Virginia Beach Planning
Department.
A building permit shall be obtained for and all necessary inspections shall be
conducted on the paint booth or automotive paint area in the building in
accordance with the Uniform Statewide Building Code before occupancy of the
building.
All automotive repair, painting, and restoration shall take place inside the
building. All doors to the repair, painting, and restoration area shall be kept
closed except when vehicles are entering or leaving the building.
There shall be no outside storage of equipment or parts.
All vehicles with obvious body damage shall be stored inside the building or in
the storage compound designated on the submitted site plan.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
A ugu st 14, 2002
BIRDNECK BUSINESS CENTER / # 6
Page 5
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER / # 6
Page 6
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER / # 6
Page 7
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER ! # 6
Page 8
Planning Commission Agenda
August 14, 2002
BIRDNECK BUSINESS CENTER / #'6
Page 9
Item #6
Birdneck Business Center, LLC
Conditional Use Permit for automobile repairs,
painting and restoration
West side of S. Birdneck Road
District 6
Beach
August 14, 2002
CONSENT
Robert Miller: Item #6, Birdneck Business Center, LLC. It's a Conditional Use Permit
for automobile repair, painting and restoration on the west side of S. Birdneck Road.
Eddie Bourdon: Thank you. For the record, my name is Eddie Bourdon, a Virginia
Beach attorney. I'm representing the applicant, and all of the five conditions listed in the
staff evaluation are acceptable to the applicant.
Robert Miller: Thank you. Is there any opposition to Item #6?
Ronald Ripley: Right. And Joe Strange, I'd ask if you wouldn't mind, comment on Item
#6.
Joe Strange: Okay. Number 6 is a Conditional Use Permit for automobile repair,
painting and restoration on the west side of S. Birdneck Road. This is in an area that is
designated Light Industrial. And one of the conditions here is that all of the work, all of
the painting and automobile repairs and restoration is to be done inside. All the doors
will be kept closed at all times with the exception of the automobile leaving or entering
the building. And again, there has been no opposition from any of the neighbors or other
businesses in that area, and recommended approval by the staff.
Ronald Ripley: Okay. Thank you very much for the explanation. And I would like a
motion to approve Item 6. Could I have a motion Betsy?
Betsy Atkinson: So moved.
Ronald Ripley: Motion by Betsy Atkinson, seconded by Don Horsley. We're ready to
vote.
AYE 10 NAY 0 ABSENT 1 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
Item #6
Birdneck Business Center, LLC
Page 2
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD
Ronald Ripley: By a vote of 10-0, that item passes.
ABSENT
' APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
Applicant's Name:
DISCLOSURE STATEMENT
B~rdneck Business Center, L.L.C., a Virginia limited liability company
Birdneck Business Center, L.L.C.
List All Current
Property Owners:
PROPERTY OWNER DISCLOSURE
the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
~ean K. Forsyth, Member
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current owner of the property, complete the A£plicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
~ Check hcrc il' the, applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
CERTIFICATION: I certify that thc information contained herein is true and ~urate.
Sean K. Forsyth~ Member
Pdnt Nam~
Rev 911519R
Map L-10
Iglesia de Dios Eben-ezer
AG-2 /
/
OG-2
P-I
G-pin 2415-57-5283
ZONING HISTORY
Rezoning
Approved
Rezoning
Rezoning
Rezoning
Approved
(B-2 Business to R-8 Residential) Denied 9-24-84; (Rec.)
11 - 19-84
(B-2 Business to A-1 Apartments) Withdrawn 11-14-83
(AG-1 Agricultural to B-2 Business)Approved 6-12-78
(AG-1 Agricultural to R-8 Residential) Denied 5-10-76; (Rec.)
11-8-76
Rezoning (AG-1 Agricultural to A-1 Apartments) Withdrawn 11-18-75
Conditional Use Permit (recreational campsites) Approved 5-14-73
Conditional Use Permit (recreational park) Approved 2-28-72
Conditional Use Permit (campground) Approved 11-20-72
Conditional Use Permit (church) 4-5-71
2. Rezoning (AG-2 Agricultural to B-2 Business) Approved 10-21-85
Conditional Use Permit (car wash) Approved 10-21-85
3. Rezoning (AG~2 Agricultural to B-2 Business) Approved 5-5-86 (conditions
pending)
4. Conditional Use Permit (motor vehicle rentals) Approved 9-25-01
Conditional Use Permit (indoor recreation) Approved 2-13-96
Conditional Use Permit (church) Approved 5-11-93
Conditional Use Permit (bulk storage - RV's) Approved 11-10-92
Conditional Use Permit (table top recreation) Approved 6-11 ~90
Conditional Use Permit (bulk storage) Approved 6-25-90
Subdivision Variance Approved 3-26-90
Conditional Use Permit (truck rental) Withdrawn 6-27-88
Conditional Use Permit (bulk storage) Denied 7-13-87
Conditional Use Permit (mini-warehouses) Approved 10-21-85
Conditional Use Permit (gas station) Approved 2-11-85
Rezoning (AG-1 Agricultural to B-2 Business) Approved 6-25-84
Rezoning (AG-1 Agricultural to B-2 Business) Approved 5-12-80
5. Conditional Use Permit (gas/food) Withdrawn 8-22-88
Rezoning (A-R Agricultural Restricted to C-L3 Commercial Limited)
Approved 8-12-68
Conditional Use Permit (kennel) Approved 8-12-68
6. Conditional Use Permit (electric transformer substation) Approved 9-18-72
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM'
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Iglesia de Dios Eben-ezer- Conditional Use Permit
MEETING DATE: September 10, 2002
Background:
An Ordinance upon Application of Iglesia de Dios Eben-ezer for a Conditional Use Permit for
a church at the southeast corner of Eaglewood Drive and Chickadee Lane (GPIN #2415-57-
5283). Said parcel is located at 1101 Eaglewood Drive and contains 1.269 acres. DISTRICT
6 - BEACH.
Considerations:
The applicant is requesting to operate a church in one portion of an 'existing commercial
building.
The Planning Commission placed this item on the consent agenda because it is a compatible
use at this location if gatherings are limited to certain times as recommended in the conditions.
The church is also compatible with the only other use in the shopping center, the commercial
preschool/daycare center. The staff recommended approval and there was no opposition to the
request.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 10-0 to approve
this request, with an amendment to Condition 6. It should read as follows:
The applicant shall obtain all the necessary permits, inspections, and approvals from
the Fire Department and the Permits and Inspections Division of the Planning
Department before occupancy of the building. A Certificate of Occupancy for the use
shall be obtained from the Permits and Inspections Division of the Planning
Department.
2. Church gatherings shall be limited to Sundays between 8:00 am and 6:00 pm and two
evenings per week between 7:00 pm and 9:00 pm.
Attachments:
Staff Review
Planning Commission Minutes
Disclosure Statement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
S.ubmitting Department/Agencv: Planning Department~d~.,~,~
Iglesia de Dios Eben-ezer
Page 2
3. No more than 240 people shall be present at the church during any church gathering.
4. The parking lot shall be re-striped and shall meet all handicapped accessible parking
requirements.
5. Church attendees shall not be permitted to park on the street.
6. The Conditional Use Permit shall be for a period of three years, renewable subject to
an administrative review.
August 14, 2002
General Information:
REQUEST:
ADDRESS:
Conditional Use Permit (Church)
1101 Eaglewood Drive
Mal~ L-IO
Iglesia
AG-2
de Dios Eben-ezer
AG-
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
24155752830000
6 - BEACH
55,321 square feet
Gpin 2415-57-5283
Ashby Moss
To operate a church in one portion of an existing commercial
building.
Major Issues:
Presence of a church within the highest noise zone surrounding NAS
Oceana.
Compatibility with other use in the commercial building (preschool/daycare
center), particularly in terms of available parking.
Planning Commission Agenda
August 14, 2002
IGLESlA DE DIOS EBEN-EZER / # 4
Page 1
Land Use, Zoning,
and Site
Characteristics:
Existinq Land Use and
Zoninq
The property is currently
developed as a shopping center
divided into two units. The
second unit is occupied by a
commercial dayoare center
(8,640 square feet). The
property is zoned B-2
Community Business District.
Surroundinq Land Use and Zoninq
North:
South:
East:
West:
· Across Eaglewood Drive, office building / B-2
Community Business District
· Retail shopping center/B-2 Community Business
District
· Between Eaglewood Drive and General Booth
Boulevard, vacant lot / B-2 Community Business
District
· Across Chickadee Lane, single-family homes / R-
5D Residential District
Zoning History
The subject property along with the residential property to the west was approved for
several conditional use permits related to a recreational campground and park in the
early 1970's. At that time, the property was zoned agricultural. The property was later
rezoned from agricultural to commercial zoning along with the residential property to the
west in 1978. In 1984, the zoning on the residential property was then changed to R-8
Residential District, but the subject property, along with the commercial property to the
north, retained the B-2 commercial zoning.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ noise area of greater than 75 dB Ldn surrounding NAS Oceana.
The site is not located within an Accident Potential Zone.
Section 221.1 of the City Zoning Ordinance lists a number of conditional uses and their
compatibility in all of the higher noise and accident potential zone combinations. The
intent of this is to "protect the public health, safety and welfare from the adverse impacts
associated with excessive noise from flight operations...and potential aircraft accidents
by limiting certain conditional uses which are incompatible..."
In the noise area of greater than 75 dB Ldn, churches are listed as "not compatible."
However, in this case, the limitations on the timing of the gatherings make this church's
proposal more compatible than most other uses permitted by right in this building.
Further, because of the conditional use permit process, the church is fully aware of the
AICUZ status of this property.
The Navy is not opposed to this request.
Planning Commission Agenda
August 14, 2002
IGLESlA DE DIOS EBEN-EZER / # 4
Page 2
Natural Resource and Physical Characteristics
This property is completely developed, and there are no significant natural resource
features on this site.
Public Facilities and Services
Water and Sewer
This site is already connected to City water and'sewer. No significant changes related
to the water and sewer systems will occur as a result of this proposal.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Eaglewood Drive in the vicinity of this application is a two-lane collector street. The
traffic pattern in this area was recently redesigned with the improvements to Oceana
Boulevard and its intersection with General Booth Boulevard. Prior to 2002, Oceana
Boulevard merged into General Booth Boulevard approximately at the location of the
subject shopping center. Oceana Boulevard has now been re-directed to intersect
General Booth Boulevard north of this location. Eaglewood Drive is now the primary
access road for the subject shopping center.
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
No traffic 6,200 ADT ~
Eaglewood Drive counts Level of Potential Land Use 2_ 215 ADT
available Service C Proposed Land Use 3_ 46 ADT
AvP. r~np 1'3~ih/mrin~
Y ~r
2 as defined by 5,000 sq. ft. shopping center
3as defined by 5,000 sq. ft. church
Public Safety
Police:
No comments.
Fire and
Rescue:
A Certificate of Occupancy shall be obtained from the Building
Official prior to occupancy. Fire protection requirements will be
required during the building permit process and shall be
installed and approved prior to occupancy. There may also be
a requirement for tenant separation for mixed use groups. The
existing building may not provide an adequate means of egress
for a place of assembly. These items shall be determined by
the Building Official prior to issuance of the Certificate of
Occupancy.
Comprehensive Plan
The Comprehensive Plan Map recommends retail, service, office and other compatible
uses within commercial centers serving surrounding neighborhoods and communities.
Planning Commission Agenda
August 14, 2002
IGLESIA DE DIOS EBEN-EZER / # 4
Page3
Summary of Proposal
Proposal
· The church members are requesting to hold church services Sunday afternoons and
Tuesday and Friday evenings. The existing daycare facility, which occupies the
other portion of the building, operates Monday thru Friday from 6:30 am to 6:00 pm.
The church currently has 130 members and hopes to expand to 250 members. The
recommended conditions of the use permit, however, limit the occupancy of the
church to 240 people based on the size of the parking lot.
Site Desiqn
· The building in which the church is proposed is rectangular and approximately
13,640 square feet. The church's portion is approximately 5,000 square feet, and
the daycare's portion is approximately 8,640 square feet.
The 48-space parking lot is located in front of the northern three-quarters of the
building. The remaining area in front of the building, which was once also part of the
parking lot, is currently occupied by an outdoor playground for the daycare center.
Striping in the parking lot has faded. Condition #4 below requires that the parking lot
be re-striped and meet all handicapped accessible parking requirements.
Vehicular and Pedestrian Access
· The shopping center has an access point on Eaglewood Drive and another at the
rear of the building on Chickadee Lane. A drive aisle separates the rear of the
building from the western property line.
· Sidewalks are already present on the north, east, and west sides of the site.
Architectural Desiqn
· The building is constructed of red brick with white wood trim and has a gable roof
with dark gray asphalt shingles.
The site is enclosed with an attractive red brick and wrought iron wall. A matching
wall also encloses the office site across Eaglewood Drive, providing an attractive
entrance to the Redwing neighborhood.
Landscape and Open Space
· The site has interior parking lot and street frontage landscaping. Foundation
landscaping is not present as the site was developed prior to the adoption of this
requirement.
· No additional landscaping is proposed with this request.
Evaluation of Request
Despite the site's location within the high noise zone, the applicant's request for a
church within this commercial center is acceptable. Staff feels that a church is a
compatible use at this location if gatherings are limited to certain times as
recommended in Condition #2 below. Other types of commercial establishments that
could occupy this space by right could result in more people being present on a regular
basis. The limited gathering times associated with the church actually results in fewer
people being present on a regular basis. The U. S. Navy is also agreeable to this
request.
Planning Commission Agenda
August 14, 2002
IGLESIA DE DIOS EBEN-EZER / # 4
Page 4
The church is also compatible with the only other use in the shopping center, the
commercial preschool/daycare center. Hours of operation for the two uses do not
overlap, so each will have full use of the parking lot. The applicant will be required to
obtain a Certificate of Occupancy from the Permits and Inspections Division of the
Planning Department, which will ensure that all building and fire code requirements are
fulfilled. Therefore, this application is recommended for approval, subject to the
conditions listed below.
Conditions
The applicant shall obtain all the necessary permits, inspections, and approvals
from the Fire Department and the Permits and Inspections Division of the
Planning Department before occupancy of the building. A Certificate of
Occupancy for the use shall be obtained from the Permits and Inspections
Division of the Planning Department.
Church gatherings shall be limited to Sundays between 8:00 am and 6:00 pm
and two evenings per week between 7:00 pm and 9:00 pm.
No more than 240 people shall be present at the church during any church
gathering.
The parking lot shall be re-striped and shall meet all handicapped accessible
parking requirements.
Church attendees shall not be permitted to park on the street.
The Conditional Use Permit shall be for a period of three years.
NO,t=:
Further conditions may be requi~ed during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
August 14, 2002
IGLESIA DE DIOS EBEN-EZER / # 4
Page 5
Planning Commission Agenda
August 14, 2002
IGLESIA DE DIOS EBEN-EZER / # 4
Page 6
t
Planning Commission Agenda
August 14, 2002
IGLESIA DE DIOS EBEN-EZER / # 4
Page 7
Item #4
Iglesia De Dios Eben-ezer
Conditional Use Permit for a church
1101 Eaglewood Drive
District 6
Beach
August 14, 2002
CONSENT
Robert Miller: Item #4 is Iglesia De Dios Eben-ezer. It's a Conditional Use Permit for a
church at southeast comer of Eaglewood Drive and Chickadee Lane and this off of
General Booth Boulevard. This is Item
Ronald Ripley: Is there anybody here representing the applicant? Would you please
come forward?
Benito Fonseca: Yes sir.
Ronald Ripley: Would you state your name?
Benito Fonseca: My name is Benito Fonseca, Pastor of the Iglesia De Dios Eben-ezer sir.
Ronald Ripley: Okay.
Robert Miller: There are six conditions. And the sixth condition we had changed to read
"there would be an administrative review" instead of a formal process of re-submittal for
the Conditional Use Permit. Is that acceptable?
Benito Fonseca: Yes sir.
Robert Miller: Thank you very much. Is there any opposition to Item #4?
Ronald Ripley: And Joe Strange, I'd ask if you wouldn't mind, comment on Item #4.
Joe Strange: Okay. Item #4 is a Conditional Use Permit for a church at the southeast
comer of Eaglewood Drive and Chickadee Lane. This is an item that has no objection
from anyone. There's no objection from the Navy in that area. And it's been
conditioned. The true number worshippers in there can't exceed 240. It has been
approved by the Planning staff.
Ronald Ripley: Okay. Thank you very much for the explanation. And I would like a
motion to approve Item 4. Could I have a motion Betsy?
Betsy Atkinson: So moved.
Item #4
Iglesia De Dios Eben-ezer
Page 2
Ronald Ripley:
Robert Miller:
Ronald Ripley:
ATKINSON
BAUM
CRABTREE
DIN
HORSLEY
MILLER
RIPLEY
SALLE'
STRANGE
VAKOS
WOOD
Ronald Ripley:
Motion by Betsy Atkinson, seconded by Don Horsley.
I need to abstain from Item #4. My firm is working on that project.
So noted. Any other abstentions? We're ready to vote.
AYE 9
AYE
AYE
AYE
AYE
AYE
NAY 0 ABSENT 1
AYE
AYE
AYE
AYE
ABSENT
By a vote of 9-0 with the one abstention, this item passes.
ABS 1
ABS
CONDITIONAL USE PE T
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Property Owner~: _ ·
PROPERTY OWNER DISCLOSURE
If the pt?pony owner is n CO]~PORA.~ION. list all ?._fficevt of the Corlxn'ation b~low: (Anach list if~ec~ary)
Ii'the prop~y owner is a PARTNERSHIP, FIRM, or oth~ UNI~COR_PORATED ORGANIZATION, list
all members or partn~-rs in thc organization I~low: (,4#ach ltxt if necessary)
[~ Che~k h~z~ if the ptoptxty owner is NOT a corporation, partnership, rum, or other unin¢orporaled
otq~auization.
If tke applicant is ~ot the curreat o~n~r of tke prol~rty, com. ole~ the A~¥#ean~ Discios~e~ s~etion below:
APPLICANT DISCLOSURE
ff~ applicant i~ a CORPORATION, list ~ll offic~-r~ of the Corporatiol~l~elo. w: (,4?ach list if necessary)
, ' ....
If~ a~l~n~ ~s a P~RS~, ~, ~ o~ ~NCO~~D ORG~ON, 1~ ~i
[~ Check here iflhe applicant is NOT a corporazion, parmetxhip, firm, or cnher u~iricoqz~ratecl organization.
CERTIFICATION: I cerfify that the informant, contained her, t ~ue and accurtll~
MaI~ F-12
~I~ Not ~o Scale
:meanna, Inc.
R-15
Gpin 1474-94-7511
ZONING HISTORY
1. Modification of Conditions on Conditional Use Permits approved 12-13-82
& 8-20-84 for communication towers Approved 7-11-95
Conditional Use Permit (communication tower) Approved 8-20-84
Conditional Use Permit (boarding horses) Approved 2-14-83
Use Permit (communication tower) Approved 12-13-82
2. Variance Approved 5-9-00
3. Use Permit (church & school/social center) Approved 11-27-
Conditional
Subdivision
Conditional
9O
Conditional
Conditional
84
Conditional
Use Permit (church) Approved 1-9-89
Use Permit (home occupation - counter tops) Approved 7-2-
4. Use Permit (church) Approved 10-25-94
5. Conditional Use Permit (outdoor recreation) Approved 3-26-02
Rezoning (0-2 Office, B-2 Business, R-10 Residential, P-1 Preservation &
H-1 Hotel to AG-1 Agricultural) Approved 5-27-97
Rezoning (AG-1 Agricultural to R-10 Residential) Approved 5-28-91
6. Conditional Use Permit (church) Approved 1-16-84
Subdivision Variance Approved 1-11-82
Conditional Use Permit (church) Denied 8-10-81
Subdivision Variance Denied 8-10-81
7. Conditional Use Permit (trailer/mobile home) Approved 7-17-78
8. Conditional Use Permit (open space promotion) Approved 2-13-84
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Jaimeanna, Inc., a Virginia Corporation - Conditional Use Permit, Open
Space Promotion
MEETING DATE: September 10, 2002
Background:
An Ordinance upon Application of Jaimeanna, Inc., a Virginia corporation, for a Conditional
Use Permit for an Open Space Promotion on certain property located on the south side of
Salem Road, 550 feet west of Highland Drive (GPIN #1474-94-7511). Said parcel contains
54.4 acres. DISTRICT 1 - CENTERVILLE.
Considerations:
The applicant is requesting to develop an 81-lot residential subdivision with 8.7 acres of
qualifying open space promotion area.
The Planning Commission placed this item on the consent agenda because although the
submitted plan depicts a single-family residential subdivision with smaller lot sizes than
permitted in the R-15 Residential District (averaging 9,500 square feet), it provides much
more open space (16 percent). The applicant has proposed to dedicate 17.5 acres to the
City to help establish a greenway along the North Landing River as called for in the
City's Outdoors Plan. Also, the subdivision layout is designed to protect sensitive
environmental areas by keeping development areas completely out of the 100-year
floodplain, City-defined wetlands and their buffers, and mostly out of the jurisdictional
wetlands. The staff recommended approval and there was no opposition to the request.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 10-0 to approve
this request subject to the following conditions:
1. The subdivision shall be developed as shown on the plan entitled, "Salem Meadows
Preliminary Subdivision Plan" dated July 31, 2002 by Hassell & Folkes, P.C., which
has been exhibited to City Council and is on file with the Planning Department,
Attachments:
Staff Review
Planning Commission Minutes
Disclosure Statement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
S.ubmitting Department/Agency: Planning Department~. V~'~'
Jaimeanna
Page 2
provided however that the plan may be modified as directed during detailed site plan
review to conform to requirements of applicable City ordinances. If deemed
necessary during the detailed plan review process, the right-of-way boundaries for the
frontage on Parcel A shall be reconfigured to meet Subdivision Ordinance
requirements. Access restrictions, such as a no ingress/egress easement, may also
be required in this area during detailed plan review.
The western 17.5 acres as depicted on the plan identified above shall be dedicated to
the City of Virginia Beach.
The entrance sign and landscaping at the entrance shall be as depicted on the plan
entitled, "Entry Concept of Salem Meadows" dated 6-24-02 by Porterfield Design
Center, which has been exhibited to City Council and is on file with the Planning
Department. An encroachment agreement shall be obtained from the City for the
placement of the entrance sign in the proposed City right-of-way.
Trees within the open space shall be preserved except where necessary for the
provision of services and maintenance, such as necessary for stormwater
management facilities. The open space areas with trees as shown on the Subdivision
Plan shall be field delineated with orange safety fencing prior to any land disturbance.
This requirement shall be noted in boldface type on the construction plans and
documents.
The developer shall provide an active recreational area and provide playground
equipment acceptable to the City's Parks and Recreation Department or as otherwise
agreeable to the Department of Parks and Recreation.
Walking paths shall be comprised of a hard surface and designed per City
specification to be determined at the time of subdivision plan review.
All open space area shall be owned in common by a Homeowners' Association unless
mutually agreed by the applicant and City that some of the Property be dedicated to
the City. Membership in the Homeowners' Association shall be mandatory. The
Association shall be responsible for maintenance of entry sign, landscaping, walking
trails, and any equipment or amenities provided within open space owned by the
Homeowners' Association.
Houses constructed within the subdivision shall have a minimum of 2,000 square feet
of living area.
Houses constructed within the subdivision shall substantially adhere to the
photographs exhibited to the City Council and on file with the Planning Department in
terms of combination and types of building materials, architectural design, and color.
JAIMEANNA / # 8
August 14, 2002
General Information:
REQUEST:
ADDRESS:
Conditional Use Permit (Open Space Promotion)
South side of Salem Road, 550 feet west of Highland Drive
Map F-I2
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
STAFF
PLANNER:
PURPOSE:
Gpin 1474-94-7511
14749475110000
1 - CENTERVILLE
54.4 acres (part of 95.8 acre property)
Ashby Moss
To develop an 81-lot residential subdivision with 8.7 acres of
qualifying open space promotion area.
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 1
APPLICATION
HISTORY:
This application was indefinitely deferred at the July 10
Planning Commission hearing. Neighboring property owners
and the Planning Commissioners were concerned about the
size and appearance of houses on the smaller lot sizes
resulting from the open space promotion option. Planning
Commissioners also asked the applicant to pursue including
the 17.5 acres bordering the North Landing River at the rear of
the site.
Since last month's hearing, the applicant has provided
photographs of seven houses (attached at end of report) that
represent the style and quality of the homes anticipated for the
proposed subdivision. According to the applicant, the houses
will vary in size but will be a minimum of 2000 square feet.
Prices are anticipated at $230,000 and up.
The applicant was also able to include the remaining 17.5
acres bordering the North Landing River at the western end of
the site. This additional land, which consists largely of
wetlands and is entirely within the 100 year floodplain, is
proposed for dedication to the City.
Major Issues:
Compatibility with adjacent land uses and the planned alignment of the
Southeastern Parkway and Greenbelt along the southern border of subject
property.
· Subdivision design, including wise placement of open space and its
accessibility within the subdivision.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoninq
The subject property currently consists
of agricultural fields with woodlands
around the perimeter. The zoning is R-
15 Residential District.
Surrounding Land Use and Zoning
North:
South:
East:
· Large lot single-family residential development on
Meadow Ridge Lane / AG-1 and 2 Agricultural
Districts
· Vacant property currently owned by Bible Baptist
Church / R-15 Residential District
· Vacant property (Planned alignment for the
Southeastern Parkway and Greenbelt) / R-15
Residential District
· Single-family dwelling and farm just west of
Highland Drive/R-15 Residential District
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 2
West:
Wetlands and floodplain bordering North Landing
River; west of this, wooded land / R-15 Residential
District
,,Zoning History
Another Conditional Use Permit for Open Space Promotion was approved on R-15
Residential District zoned property north of the subject site (the Bellwood Estates
neighborhood) in 1984. To the west, across the North Landing River, several
Conditional Use Permits for Open Space PromOtions have been approved. A
Conditional Use Permit for a church was approved in 1984 but never constructed on the
vacant property immediately north of the subject site. Northwest of the subject site, use
permits for a communication tower were approved in 1982 and 1984 and later modified
in 1995.
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana and NALF
Fentress.
Natural Resource and Physical Characteristics
The City's Outdoors Plan calls for the establishment of a greenway parallel to the North
Landing River and its tributaries. Other similar residential development proposals along
this river have included a dedication of the undevelopable wetlands adjacent to the
river. Since the July 10 Planning Commission hearing, the applicant has added the
area between the proposed development and the river (17.5 acres) to the subject area
of the application and is offering this area to be dedicated .to the City.
The applicant has identified City-defined wetlands, jurisdictional wetlands (wetlands as
defined by the Army Corps of Engineers), and 100-year floodplain areas on the plan at
the western limits of the subject property. With the exception of a small area of
jurisdictional wetlands to be filled, none of the remaining sensitive areas is included in
the proposed development area for the subdivision.
Public Facilities and Services
Water and Sewer
Water:
Sewer:
There is a 12-inch water main in Salem Road fronting the property.
This subdivision must connect to City water.
There is an eight-inch sanitary sewer main in Salem Road fronting
the property. This subdivision must connect to City sewer.
,Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Salem Road in the vicinity of this application is currently a two-lane undivided rural
highway. The MTP designates this section of Salem Road as a 100-foot right-of-
way with divided travel lanes, a bikeway, and a scenic buffer. Although there is no
project listed in the currently adopted CIP for this section of Salem Road, CIP
Project 2-075 Salem Road - Phase II is underway to expand Salem Road to a four-
lane divided facility from Rock Lake Loop (just south of S. Independence Boulevard)
to Elbow Road (see next page). Construction on this project is currently scheduled
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 3
to begin January 2007. Plans also exist in Public Works to continue the road
expansion farther south on Salem Road, but the exact alignment has not yet been
determined. The applicant has designed the subdivision to allow for an ultimate
143-foot right-of-way in the event it follows the current centerline of Salem Road.
The Southeastern Parkway and Greenbelt is identified on the MTP as a new facility
extending from the Chesapeake City border to Route 264. This project is also listed
in the current adopted CIP for ongoing maintenance of sites already acquired for the
planned alignment of the 300-foot right-of-way (CIP 2-089). This project is currently
in the midst of the permitting process.
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
Potential Land Use z_ 873 ADT
Salem Road 3,700 ADT ~ 7,400 ADT ~
Proposed Land Use 3_ 854 ADT
Average Daily Trips
2 ~.s defined by 83 units permitted by R-15 Zoning
3 as defined by 81 units proposed
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 4
ResF~nslble Dept.: Public Works I I~usln~s ~tea: C3ua,t./Ph~lcal Environment
Total T~al guaget ,,. Una~r~ated Su~ue~Y~m F~ure
Prog~m~ Appellations Year 1 Y~r 2 Y~r 3 Year 4 Year 5 Y~r 6 Fun~lng
Furies To D~e FY2~2-03 FY2~3.~ ~ ~04~5 ~ ~05~6 ~7 FY2~7~8 Requl~me~
1,320,7~ 417,7~
50.000 50,0~ 403.~3~ ~,000 O
'~DOT ~ U00~1~-158. This ~e~ ~11 be a s~them e~nsbn ~a ~ur la~ ~ide~t VDOT ~~ ~ 0.1 ~1~
~ ~ IndeFyndeg? B~{e~E~. Im~ements ~11 e~nd ~ ~ Road ~ra dis~n~ ~ appm~ma~y 1.5 miles on a 123'
ngm~way. A ~o~ ~y mil bethe fi~ eleme~e design pm~s. So~V~T ~ may be subje~ change
~nding ~ ~e ~ 2002-03 ~inia Tmnspo~on DePonent Plan ~i~ is an~cip~
This p~je~ is an i~a~ element ~the
t~ic ~dumes ~ 7,500 ~hi~es perday in t990.
· ,~ ..... ~ ,~muu~uun ~m ~ ~ I~ Vl~a I~po~o~ DeCo.apt Plans,
the~e ~e ~c.a~ ~n~m~n s~edule shorn is de~e~u~n m~eque~ u~an ~am ~nding. ~hedules and
~s a~ u~at~ annua y bas~ ~ ~e Vi~inia Tmns~aon ~elop~m Ran.
~ 20o2~3 ~ 2003-~ ~ 20~ ~ 20~-~ ~ 2006-07 ~ 20~-~
Impa~ e~m~d ~ b~in ~ 2009-10. o o 0 0 o
.... ,, ~ivi,1 ~om. ~o Amoum
~ /~ : I ~ . ~ ~ C~~ 01~7~8 7~ nnn
~- . ~w.---~ ~ ...... , ~~~ ..... ~08 200 000
~!' ,,~'" .' - '~- ~ "
Fiscal Yo~r ?~l~.~'~
Quality Physical Environment
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 5
Public Safety
Police:
Fire and
Rescue:
Adequate - no further comments.
Adequate - no further comments.
Comprehensive Plan
The Comprehensive Plan Map recommends Iow density (less than 3.5 units per acre)
suburban residential land use for this site.
Summary of Proposal
Proposal
The subject area of the conditional use permit is a 54.4-acre piece of a 95.8-
acre parcel of land. The property not included in the Conditional Use Permit
consists mostly of wetlands and floodplain area and land under the currently
planned alignment for the Southeastern Parkway and Greenbelt (SEP&G).
The 300 foot wide planned SEP&G right-of-way abuts the subject site on the
south side. The land on the south side of the proposed road alignment has
been identified by the 1999 "Southeastern Parkway and Greenbelt Aesthetics
Conceptual Study" as a regional stormwater management facility site for the
SEP&G.
The subject area of the Conditional Use Permit also surrounds the original
farmhouse for this land. The lot on which the farmhouse is located was
subdivided from the remaining property a number of years ago. This lot is not
included in this Conditional Use Permit application.
Of the 54.4 acres included in the use permit, 36.9 acres is for the proposed
subdivision and 17.5 acres is proposed for dedication to the City.
The proposed subdivision consists of 81 lots. Lots range in size from 9,000 to
13,118 square feet with an average lot size of 9,542 square feet.
The total amount of qualifying open space included in the Conditional Use
Permit is 8.7 acres. This open space figure does not include wetlands and
stormwater management ponds, which equate to another 21.5 acres. The
qualifying amount of 8.7 acres is over the minimum required amount of 8.2
acres for the 54.4-acre site.
Site Desiqn
· The plan shows an 81-lot subdivision served by a looped collector road with
several cul-de-sacs.
The rear (western) part of the property, which is consists largely of wetlands
and is entirely within the 100-year floodplain, is proposed for dedication to the
City.
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 6
· Two stormwater management ponds are located at the rear of the property
outside of the proposed lot areas.
Open space is broken into five sections located around the perimeter of the
property. Most of these areas have been strategically placed to provide a
buffer from adjacent properties, including the existing homes on Meadow
Ridge Lane to the north, the planned alignment of the Southeastern Parkway
and Greenbelt to the south, and the existing farmhouse to the east, which is
surrounded by the proposed subdivision.
Open space is also located at the entrance to the subdivision, providing 200
to 300 feet of undeveloped, landscaped area to pass through before reaching
any houses. A row of Leyland cypress is shown on the plan separating the
entry open space from the first houses.
Access to the open spaces from the public road within the subdivision is
ample.
Vehicular and Pedestrian Access
There is one vehicular access point on Salem Road that will serve the
subdivision. The 100 foot wide entrance is divided with a landscaped median
in which the sign will be located. The applicant will need to obtain an
encroachment agreement from the City for the placement of the sign in the
right-of-way.
The plan includes an allowance for the widening of Salem Road from its
existing 30 feet width to 143 feet as currently planned by Public Works. This
area is not included in the open space calculation.
Five-foot wide sidewalks are shown along all streets within the subdivision
with the exception of some smaller cul-de-sacs.
Two open space areas have walking trails leading from the street into a point
within the open space. Staff is currently in the process of designing a
standard specification for trails within open spaces. The goal is to find a cost
effective manner to create a Iow maintenance trail that is compatible with the
Americans with Disabilities Act. The trail should not be intrusive to the
environment while still providing adequate drainage and durability. To date, a
few promising alternatives have been identified. Further research is
necessary, however, to determine the optimum design for this type of trail.
The applicant has agreed to work with staff during the detailed plan review
process to find a workable solution for the trail design.
Architectural Desiqn
The applicant has submitted an elevation of a monument style entrance sign.
The proposed brick sign is six feet in height and includes a siqn face of
polished black granite with gold lettering. Brick soldiering anc~ columns and
concrete coping and finials add detail to the sign's design.
The applicant has submitted photographs of seven houses depicting the
architectural style and range of building materials intended for the proposed
subdivision (attached at end of report). Most of the photos depict a
combination of building materials and all include some brick or stone. Those
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 7
without a combination of materials for the siding are all brick. All of the
houses include at least one gable and several have multiple gables,
contributing to the detail in the architectural design.
Landscape and Open Space Desiqn
The plan shows a total of 8.7 acres of open space that can be credited toward
the 15 percent City Zoning Ordinance (CZO) requirement for Open Space
Promotion (see Sec. 253(f) of CZO). This equates to 16 percent of the total
subject property, which is just over the required amount.
Open space is easily accessible and well distributed around the perimeter of
the subdivision. Recreational amenities, such as a gazebo, picnic tables,
and park benches, are shown on the plan. The Department of Parks and
Recreation may require further amenities, such as a playground, during
detailed plan review.
Very few trees will have to be removed with the proposed development.
Existing trees are shown on the plan in various locations along the perimeter
of the subject property. Open spaces have been placed in these wooded
areas so that most of the existing trees can be preserved. A 70 to 100 foot
wooded area will be preserved in open space to buffer the adjacent homes on
Meadow Ridge Lane from the new subdivision. Most of the existing trees
adjacent to the Southeastern Parkway and Greenbelt will also be preserved
to further buffer homes from this future roadway. Although plans are not final,
the current design of the SEP&G right-of-way includes a 70 to 80 foot buffer
on the side adjacent to this proposed subdivision.
Additional trees are shown within the open space areas at the entrance and
farther into the interior of the development. Street trees are also shown on
the plan clustered in groups of two at each lot's dividing line. The tree
species, which have been identified in a plant list on the plan, include a
variety of native species, including pin oaks, live oaks, southern magnolias,
and red maples.
· The applicant has also submitted an "Entry Concept" plan showing extensive
landscaping within the dividing median at the subdivision's entrance.
Evaluation of Request
The applicant's Conditional Use Permit request for open space promotion is acceptable.
The site is currently zoned R-15 Residential and could be developed with 15,000 square
foot single family residential lots and seven pement open space. The submitted plan,
however, depicts a single-family residential subdivision with smaller lot sizes (averaging
9,500 square feet) and much more open space (16 percent). The applicant has
proposed to dedicate 17.5 acres to the City to help establisl*i a greenway along the
North Landing River as called for in the City's Outdoors Plan. The subdivision layout is
designed to protect sensitive environmental areas by keeping development areas
completely out of the 100-year floodplain, City-defined wetlands and their buffers, and
mostly out of the jurisdictional wetlands. The open space has been strategically placed
to buffer existing and future adjacent land uses and to provide a large landscaped
entrance to the subdivision. Access to the open space within the development is
excellent with extensive areas of roadway frontage designated for open space. Along
with the sidewalks on the interior roads, two hard surface path systems have been
Planning Commission Agenda
August 14~. 2002
JAIMEANNA / # 8
Page 8
provided within two of the open space areas. Further recreational amenities will also be
provided in these areas.
Therefore, staff recommends approval of this application, subject to the conditions listed
below:
Conditions
The subdivision shall be developed as shown on the plan entitled, "Salem
Meadows Preliminary Subdivision Plan" dated July 31,2002 by Hassell & Folkes,
P.C., which has been exhibited to City Council and is on file with the Planning
Department, provided however that the plan may be modified as directed during
detailed site plan review to conform to requirements of applicable City
ordinances. If deemed necessary during the detailed plan review process, the
right-of-way boundaries for the frontage on Parcel A shall be reconfigured to
meet Subdivision Ordinance requirements. Access restrictions, such as a no
ingress/egress easement, may also be required in this area during detailed plan
review.
The western 17.5 acres as depicted on the plan identified above shall be
dedicated to the City of Virginia Beach.
3. The entrance sign and landscaping at the entrance shall be as depicted on the
plan entitled, "Entry Concept of Salem Meadows" dated 6-24~02 by Porterfield
Design Center, which has been exhibited to City Council and is on file with the
Planning Department. An encroachment agreement shall be obtained from the
City for the placement of the entrance sign in the proposed City right-of-way.
4. Trees within the open space shall be preserved except where necessary for the
provision of services and maintenance, such as necessary for stormwater
management facilities. The open space areas with trees as shown on the
Subdivision Plan shall be field delineated with orange safety fencing prior to any
land disturbance. This requirement shall be noted in boldface type on the
construction plans and documents.
o
The developer shall provide an active recreational area and provide playground
equipment acceptable to the City's Parks and Recreation Department or as
otherwise agreeable to the Department of Parks and Recreation.
Walking paths shall be comprised of a hard surface and designed per City
specification to be determined at the time of subdivision plan review.
All open space area shall be owned in common by a Homeowners' Association
unless mutually agreed by the applicant and City that some of the Property be
dedicated to the City. Membership in the Homeowners' Association shall be
mandatory. The Association shall be responsible for maintenance of entry sign,
landscaping, walking trails, and any equipment or amenities provided within open
space owned by the Homeowners' Association.
Houses constructed within the subdivision shall have a minimum of 2,000 square
feet of living area.
Houses constructed within the subdivision shall substantially adhere to the
photographs exhibited to the City Council and on file with the Planning
Department in terms of combination and types of building materials, architectural
design, and color.
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 9
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 10
,I
,,%
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 11
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 12
Enlargement of site plan
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 13
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 14
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 15
Proposed housing styles
Planning Commission Agenda
August 14, 2002
JAIMEANNA ! # 8
Page 16
Proposed housing styles
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
page 17
Planning Commission Agenda
August 14, 2002
JAIMEANNA / # 8
Page 18
Item #8
Jaimeanna, Inc.
Conditional Use Permit for an Open Space Promotion on
certain property located on the south side of Salem Road
District 1
Centerville
August 14, 2002
CONSENT
Robert Miller: Item #8 is Jaimeanna?
Eddie Bourdon: Jaimeanna.
Robert Miller: Well, that's what I said. Conditional Use Permit for an Open Space
Promotion on certain property located on the south side of Salem Road.
Eddie Bourdon: Again, Eddie Bourdon, a Virginia Beach attorney representing the
applicant and the application as conditioned for Open Space Promotion for a Conditional
Use Permit are acceptable. All the conditions listed in the staff evaluation.
Robert Miller: Nine conditions?
Eddie Bourdon: Nine.
Robert Miller: Is there any opposition to Item #8 of the Consent agenda.
Eddie Bourdon: Thank you.
Ronald Ripley: Right. And Joe Strange, I'd ask if you wouldn't mind, comment on Item
#8.
Joe Strange: Okay. Item #8 is a Conditional Use Permit for an Open Space Promotion
on certain property located on the south side of Salem Road. This is an item that was
actually deferred from the July l0th meetin,- ^--~: ..... -' .... · ,
~. ,-~u ,L cun~srs oI approximately 54 acres
of a 91-acre parcel. The only questions that rose at the July l0th meeting was to see the
type of homes that were going to built on this particular area here and some concerns
about the Open Space there. Since then, they have given us seven models to take a look
at. And, also have dedicated 17.6 acres to the City of Virginia Beach for Open Space.
Again, there is no opposition and it is approved by the staff.
Ronald Ripley: Okay. Thank you very much for the explanation. And I would like a
motion to approve Item 8. Could I have a motion Betsy?
Betsy Atkinson: So moved.
Item #8
Jaimeanna, Inc.
Page 2
Ronald Ripley: Motion by Betsy Atkinson, seconded by Don Horsley. We're ready to
vote.
AYE 10 NAY 0 ABSENT 1 ABS 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD
ABSENT
Ronald Ripley: By a vote of 10-0, that item passed.
APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
Applicant's Name:
List All Current
Property Owners:
DISCLOSURE STATEMENT
Jaimeanna~ Inc.: a Virginia corporation
Beiler Properties, inc.
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
., Elva Beiler, President
~lerlin Beiler, Secretary
the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
~-~! members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
~f the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
if !he applicant is a CORPORATION, list all officers of the Corporation below:
g!an S. Resh, President
(Attach list if necessary)
r *he applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
?embers or partners in thc organization below: (Attach list if necessary)
Check l~crc il' thc applicant is NOT a corporation, partnership, firm, or other unincog'porated organization.
I certify that the informatio, contained herein is true attd accurate.
3a ±mea~na ~/1 nc~--fi-~-~cor pora tion
Signature
a.tan ~. Resh, Presideht
Print Name
~ERTIFICATION:
APPLICATION PA GE 4 OF 4
CONDITIONAL USE PERMIT
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Name:
List All Current
Property Owners:
Jaimeanna, Inc., a Virginia corporation
Beiler Properties, Inc.
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below:
Elva Beiler, President
(Attach list if necessary)
Merlin Beiler, Secretary
'he property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
members or partners in the organization below: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
the applicant is not the current owner of the property, complete the AFplicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
Alan S. Resh, President
'f :be applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
::e','bers or partners in thc organization below: (Attach list if necessary)
Check l~crc i~' t?'..e applicant is NOT a corporation, partnership, firm, or other unincorporated organization.
~ERTIFICAI'ION'
I certify that the information co~tained herein is true and accurate.
Beiler Properties, Inc.
Signature
Elva Beiler, President
Print Name
August 13, 2002
Are we ready for the question?
CHIEF DEPUTY CITY CLERK: Thank you, Your Honor.
MAYOR OBERNDORF:
Thank you very much.
CHIEF DEPUTY CITY CLERK: By a vote of 10 to 0 you have deferred until
August the 27th, Item Number 2 of the
Consent Agenda.
MAYOR OBERNDORF:
August 13, 2002
Okay. Number 2 will be deferred.
VICE MAYORMANDIGO:
So, on the Consent Agenda this will be a
deferral for two weeks?
MAYOR OBERR'DORF:
Yes.
FORM~tL SESSION
MAYOR OBERNDORF:
Now, we will go onto the Agenda for the
Formal Session.
Ail right. The second Ordinance we are going to defer that for two
weeks. Would you do the Consent Agenda?
VICE MAYORMANDIGO:
I would be honored to do so, Madam Mayor.
MAYOR OBERNDORF:
Thank you.
VICE MAYORMANDIGO:
to the extent that we agreed on these.
vote. They will on be on that vote.
for the different items as apply.
We will start the Consent Agenda. These are
items that we discussed in our Informal and
These were passed with one
There will be no annotations
The first item on the Consent Agenda under Ordinances is Item 2.
Ordinance to amend various sections of the City Code regarding the
administration and collection of local telecommunication service
taxes will be deferred for two weeks.
MAYOR OBERNDO~:
COUNCILMAN REEVE:
okay. There is a motion.
second?
Second.
Is there a
MAYOR OBERNDORF:
There is a motion to adopt the Consent
Agenda by Mr. Mandigo seconded by Mr. Reeve.
August 13, 2002
INFORMAL SESSION
VICE MAYOR MANDIGO: This is the Ordinance to amend several
sections of the City Code to more clearly
define the collection and requirements of the telecommunication
service taxes.
COUNCIL LADY McCLANAN: I have some questions about that.
MAYO OBERNDORF:
Okay.
COUNCIL LADY McCLANAN: And I don't -- I think it's important we're
doing it, because it's a lot of money and I
guess I just need some more information. I have some question about
letting just one of these offices audit itself, which is what it says
and a few other things about how it came to be.
Is it possible to get a report of where this came from and why it's
here?
CITY MANAGER: You bet. We've been speaking to the
Commissioner about that. He is out of 'town
today. He said if there were any questions he would like to have it
deferred so he could be here and talk about that.
We can get you some additional background in two weeks, before we
come back.
COUNCIL LADY McCLANAN: I think it's a very important area.
Certainly it's not that -- I think that
getting a better handle on this -- because there!s very little
control at any level today with anything to do with this industry,
would feel a little better if we could have a little more
information.
VICE MAYOR b~%NDIGO:
Defer that for two weeks?
CITY MANAGER:
Two weeks, uh-huh.
2
Virginia Beach City Council
August 13, 2002
3:30 p.m.
CITY COUNCIL:
Meyera E. Oberndorf, Mayor
Robert C. Mandigo, Vice Mayor
Margaret L. Eure
Louis R. Jones
Reba S. McClanan
Richard A. Maddox
Jim Reeve
Peter W. Schmidt
Ron A. Villanueva
Rosemary Wilson
James L. Wood
At-Large
District 2 - Kempsville
District 1 - Centerville
District 4 - Bayside
District 3 - Rose Hall
District 6 - Beach
District 7 - Princess Anne
At-Large
At-Large
At-Large
District 5 - Lynnhaven
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
VERBATIM
Ordinance to Amend the City Code regarding the administration and
collection of the local telecommunication service taxes
Item V-J.2.
-21 -
ORDINANCES
ITEM # 50010
Upon motion by Vice Mayor Mandigo, seconded by Councilman Reeve, City Council DEFERRED
until the City Council Session of August 27, 2002:
Ordinance to AMEND,~ 35-253, 35-254, 35-258, 35-259, 35-260, 35-
263 and ADD ~ 35-258.1 of the City Code re administration and
collection of local telecommunication service taxes.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Rosemary Wilson
August 13, 2002
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Amendment to the City Zoning Ordinance, Signs in B-3A Zoning District
MEETING DATE: September 10, 2002
Background:
An Ordinance to amend Section 905 of the City Zoning Ordinance pertaining to sign regulations
in the B-3A Pembroke Central Business Core District.
The City Council deferred this request on August 13, 2002 to the September 10 meeting in
order to provide time for staff to meet with interested groups regarding the proposed
changes.
On August 29, 2002, a meeting of the interested groups was held. Councilperson McClanan
and those on the attached list attended the meeting. The group suggested two changes.
The group agreed to these changes and a revised version of the ordinance is attached
(labeled "Revised").
The first change relates to clarifying what is meant by "entrance signs" on residential
buildings (Line 36 of the "Revised" ordinance). The second change would require the CBD
Design Guidelines, which are under development, to be used as a reference document
when considering freestanding signs in the B-3A district (Line 116 of the "Revised"
ordinance). The ordinance recommended by the Planning Commission provides that only
City Council can approve freestanding signs in this district and that Council should refer to
the approved Pembroke Master Plan when reviewing these signs. The "Revised Version" of
the ordinance requires that the design guidelines be used as well.
Considerations:
The City Zoning Ordinance was amended in 1995 establishing a new classification entitled the
B-3A Pembroke Central Business Core District. The purpose of this district, as stated in the
legislative intent section of the ordinance, is to "optimize development potential for a mixed-use,
pedestrian-oriented, urban activity center with mid- to high-rise structures that contain numerous
types of uses including business, retail, residential, cultural, educational and other public and
private uses." Representatives of the City and the Central Business District Association
prepared the section of the ordinance that currently controls signs. Following an assessment of
anticipated signage needs and based upon the best available information at the time, the
provisions of the B-3A sign ordinance relating to the type of signs, their number and ·
Attachments:
Ordinance
Staff Review
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission
recommends approval. . ,
Submitting Department/Agency: Planning Departmen~^l ~
C,ty Manage
B-3A CZO Amendments
Page 2
dimensional requirements were considered and adopted with the 1995 changes.
As the Town Center evolved, developers of the Town Center have identified a number of issues
that have caused problems in marketing the property. City staff has also, through study of other
similar developments across the nation, learned how sign requirements may be adjusted to
improve their effectiveness without compromising the attractiveness of urban environments.
This amendment offers reasonable changes to the B-3A ordinance to achieve these objectives.
It establishes provisions for public parking signs and modifies certain provisions affecting
dimensional requirements and Iocational criteria.
Details of the proposed amendments are provided in the attached staff report.
Recommendations:
The Planning Commission passed a motion unanimously by a recorded vote of 9-0, with one
abstention, to approve this request.
Attendance List
B-3A Sign Ordinance Information Meeting
August 29, 2002
City Manager's Conference Room
Councilwoman Reba McClanan
Nancy Parker
B.H. "Pat" Bridges
Burrell Saunders
Mike Ashe
John Bernard
Tony Nero
Bill Toner
Mary McGovem (rep for Gerald Divaris)
Bill Davenport
Johnnie S. Miller
Tom Ward
Staff in attendance:
Kay Wilson
Karen Lasley
Aaron Webb
Mark Wawner
Rob Hudome
Debbie Zywna
Stephen White
Kevin Hershberger
Tom Pauls
i
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REVISED
AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE PERTAINING TO SIGN REGULATIONS IN
THE B-3A, PEMBROKE CENTRAL BUSINESS CORE
DISTRICT
SECTION AMENDED: CZO ~ 905
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 905 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 905. Sign Regulations.
{d) Within the B-3A Pembroke Central Business Core District,
.......................... ~ .................. siqns shall be permitted as
follows:
(1)
For each forty (40) feet foot of occupancy frontage an
establishment shall have no more than .60 square feet of
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s n area. =~ for ~ : .......
feet of lot lina
~=~l~ not
street, ..... not frontage,
......... total of
- ~l~ not more than a
more ~ll~l~ one ~ o~l
twenty ~=u~ square eet o o~=~t ~==~ ~=
s:gnage ]
sba~ , = .........
two (2) signs. No sinqle
establishment shall have more than four (4) siqns, nor
more than two (2) siqns per buildinq facade, and no
individual sign shali exceed sixty (60) square feet in
surface area. AnytO ....... ~=~==: shment~o~ at least twenty
'~' feet ......... ~,~<~l:-- or t~l to=~~,u~' feet of
u~uF=~l~¥ ............. froncage ----~,~ ~=~t one (I) o=~l~-~ not exceedrng
feet surface area
less =~l =~t~l=~ ~=~ feet frontage
may have one (I}o~l ..... nott~t=u~ ........... sixteen ~'16'~ square
feet of rut=ace area
No such si~n shall be allowed
above the second story of any buildinq.
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(2)
(2.5)
(3)
(3.5)
~ e~igns identifying the ~ entrances to upper-floor
residential dwelling units shall be permitted; provided,
that no such sign shall exceed eight (8) square feet of
surface area, and that the number of signs shall be
limited to one (1) sign oil the ground floor at street
level at each principal entrance to ................. units
Commercial buildings, including hotels and motels, of
less than five (5) stories in height shall have no mor~
than two (2) building identification signs, and no sign
shall have a surface area exceeding one hundred fifty
(150) square feet. Such signs shall be mounted on or
above the fourth story of the buildinc, but not above the
roofline of such building, and only one {1) sign per
building facade shall be allowed. Additionally, two
buildinq identification signs, not e~ceedin~ twenty (20)
square feet each, shall be allowed at street level if the
building has a street level entrance.
~f Commercial buildings, including hotels and motels, of
five (5) stories to ten (10) stories or more in ~heig~ht
shall be=~w~== .... for have no more than two (2) building
identification signs, and no sion shall have a surface
area exceeding two hundred (200) square feet.
the two (2) signso~I not exceed one ~=~'--- ~ fift~'
~v~ oquare feet of surface areaF and~-'' bot~ Such
signs mt~s~ shall be mounted on or above the fourth story
top one-quarter (1/4) of the building, but not above the
roofline of tun~ such building, and only one (1) sign per
building facade shall be allowed. Additionally, two (2)
building identification signs, not exceedin~ twenty (20)
square feet each, may be allowed at street level, if the
buildin~ has a street level entrance.
Commercial building, including hotels and motels, of more
than ten (10) stories in height shall have no more than
2
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two (2) buildinq identification signs, and no sign shall
have a surface area exceeding three hundred (300) square
feet. Ail signs shall be mounted on or above the top
one-quarter (1/4) of the buildinq, but not above the
roofline of such building, and only one (1) sign per
building facade shall be allowed. Additionally, two (2)
building identification signs, not exceeding twenty (20)
square feet each, may be allowed at street level, if the
building has a street level entrance.
Signs adver=zszng property for , or zen=
'~ .......... feet in area, that not more than
t.. .L.t .k & k. ...V t... ~ ~w \ox-..]
'~' ...... signs be erected
~hat not more than four ~ ou~
on ~ property. ~ property less frontage or lot
line ..... : .......
=~j u~=~ a street
(I) -:
no more than one {I). temporary o~,
........... : .......... ~' square feet of o area
sign must~='-- ~L~u=~=~ u~, ~= portion of
. . ty
advertises, o ......... o~=~TMw= ..... = --- '~n'
o=,-.~ sign removed ~=~ seven ~ ,~
percent of .... =~= property is ~=p~=u ~ ===o==,
or after
a ..... F===uu of twen=~ four
purposes of .........
~=~semen~ of spe events, ~vv~=~ ~,.
~: .... : -= except
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(5)
(6)
bo
sign not to exceed
two {32) square f==t may be ===~==~ ~=~.,~
each
Two '~' ig .....
~=j gateway s ns, =vg=u~== ........ ~v= exceeding one
feet, may be erected at each
locatioil --~ .....
Central Business~o~: -trio= ~==
streets elites ='-=~=- B-3A
Four ~ signs, t~ing no more ~ one
p==~, may be ........... thereon; ....
eti~er Ail freestanding signs shall be approved by the
city council, as consistent with the general purpose and
intent of the design provisions presented in the July,
1991, Pembroke Central Business District Master Plan,---nta~
be approved by the city council and any applicable desiqn
standards approved by City Council.
Siqns on buildinq awninqs shall not be included in
determinin~ the number of bui!dinq siqns permitted, or in
determininq permissible sion area, if they meet the
followinq criteria:
a. Such signs are uniform in font, color, size and
style;
b. Only the name of the establishment appears on the
awning;
c_= There is only one siqn per awninq; and
d. Such are no larqer than twe (2) square feet.
Public or private parkinq structures and parking qaraqes
may have one (1) si~n per vehicle entrance and two
additienal signs. S~ch siqns shall have no more than
seventy-five (75) square feet of surface area and shall
identify the buildinq on which they are located as a
parkinq structure or parkinq qaraqe.
134 (7).. As used in this secti, on:
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so
"occupancy frontage" means
that portion of a buildinq occupied
a sinqle establishment having at
exterior public access; and
"building identification siqn" means a
displays only the name of the building
is located.
the exterior length of
exclusively by
least one (1)
sign which
on which it
COMMENT
These amendments modify the requirements for signs in the B-3A, Pembroke Central Business
Core District to allow for a more urban landscape in keeping with the vision of the Town Center
development. Specifically the following modifications are made:
1. For every foot of occupancy frontage, .60 feet of sign area is allowed. The number of
signs allowed has increased from 2 to 4 and the square footage for each from 20 square
feet to 60 square feet. Occupancy frontage is the length of the exterior portion of an
establishment on the street level or second story that has access to the exterior for the
general public.
2. Building Identification signs: 2 are allowed per building and are required to be above
the top 1/4 of the building, and have the same name on each sign. To allow for
building height, less than 5 stories are allowed 150 square feet for each sign, 5 to 10
stories are allowed 200 square feet for each sign, and over 10 stories are allowed 300
square feet for each sign.
3. The portions of the ordinance about temporary or "for sale" signs and beacon lights
have been deleted.
Free standing signs are limited to those approved by City Council.
Awning signs are not counted for sign numbers or total area if they are uniform, name
the establishment, are smaller than 2 feet each and there is only 1 sign per awning.
Parking structures are permitted 1 sign per vehicle entrance and 2 per building that
are less than 75 square feet each that identifies the building as a parking
structure/garage.
165
166 Adopted by the City Council of the City of Virginia Beach,
167 Virginia, on this day of , 2002.
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171
CA-8492
wmm/B-3Asignregordin.wpd
R-9 - September 3, 2002
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIE~Y:
Department of L&w
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AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE PERTAINING TO SIGN REGULATIONS IN
THE B-3A, PEMBROKE CENTRAL BUSINESS CORE
DISTRICT
SECTION AMENDED: CZO ~ 905
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 905 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 905. Sign Regulations.
(d) Within the B-3A Pembroke Central Business Core District,
the following regulations shall applp siqns shall be permitted as
follows:
(1)
For each forty (40) feet foot of occupancy frontage an
establishment shall have no more than .60 square feet of
sign ---~ for each ......... ~
adjoining a street, but not constituting frontage, not
..... ig
more ~ one (~/~' s n ~u not more ~ a total of
twenty ' ~ ~
~=~) square feet~=-= surface area of signage
be pezmltte , F~=~, however, ~ ~
................. ) ig
o~==~ ~=~= more =~=~ two ~='~ s ns . No sin e
establishment shall have more than four (4) signs, nor
more than two (2) siqns per bui!dinq facade, and no
individual siqn shall exceed sixty (60) square feet
surface area. Any establishment having at least twentk
{20)==== ......... ~== less than or=H=== ....... to =~=tk- ~,~ feet
occupancy frontage ~=~ ~= one ~I] sign no=
twenty {20) square feet of surface area. An~
.... ~_~ = _u ...... ~ .... ~ .... ~___ ty ~n~ ___
=~==~=~,~=~= ~~ less =~ twen ~=~ feet
may have one (I] sign not exceeding sixteen {IG) square
feet of sur=~= .... area. No such siqn shall be allowed
above the second story of any buildinq.
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(2)
(2.5)
(3)
(3.5)
Signs for entrances to upper-floor residential dwelling
units shall be permitted; provided, that no such sign
shall exceed eight (8} square feet of surface area, and
that the number of signs shall be limited to one (1) sign
on the ~=u~= floor at street level at each principal
entrance to such dwelling units.
Commercial buildings, includinq hotels and motels, of
less than five (5) stories in heiqht shall have no more
than two (2} buildinq identification signs, and no sign
shall have a surface area exceeding one hundred fifty
(150) square feet. Such signs shall be mounted on or
above the fourth storv of the buildinG, but not above the
roofline of such building, and only one (1) sign per
buildin~ facade shall be allowed. Additionally, two (2)
buildinq identification signs, not exceeding twenty (20)
square feet each, shall be allowed at street level if the
building has a street level entrance.
~ Commercial buildings, J. nc!udinq hotels and motels, of
five (5) stories to ten (10) stories or more ~
shall be eligible for have no more than two (2) building
identification signs, and no sign shall have a surface
area exceedin~ two hundred (200) square feet.
........... ' ........... fifty
o~ not exceed one
~:= two (2)
=--= -= surface a:ea, and all ..... uu~ Such
('~0)z~ square z::~
signs ~ shall be mounted on or above the story
top one-quarter (1/4) ef the building, but not above the
roofline of ~ such building, and only one (1) sign Der
building facade shall be allowed. Additionally, two (2}
building identification siqLs, not exceeding twenty
square feet each, may be allowed at street level, if the
buildinq has a street level entrance.
Co~ercial buildinG, including hotels and motels, ef more
than ten (10) stories in height shall have no more than
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two (2) buildinq identification siqns, and no siqn shall
have a surface area exceedinq three hundred (300) square
feet. Ail siqns shall be mounted on or above the top
one-quarter (1/4) of the buildinc, but not above the
roofline of such buildinq, and only one (1) siqn Der
buildinq facade shall be allowed. Additionally, two (2)
buildinc identification siqns, not exceedin~ twenty (20)
square feet each, may be allowed at street level, if the
buildinq has a street level entrance.
~gns advertising property for sale, lease or ~ent
be permitted, provided that no such sign s~hall exceed
~~-~ ~ square f==~ in area, ~t not more
two '~)
~ such~o~ ......... ~= =~=~ed for each one ~,~=~---
(I~' f
tha~ not mu== than four~,'~) such s ns o,~== u= erected
on any property. Any property ..... = .... less
~=~ frontage or lot
.... dj ' i g -
=~= a oin n = street may~=~ ........ ~ = u~ ~' ~ ~' - = --~
exceeding =~=~y-two ~=~ o~u=== feet -= surface
· ~ =~===tate occupancy ~n a new bu~ ........ there~==-~-' ~ be
no more ~ one ~I~ ~pu~t ~ wn~ an~ not
exceed =~ ~ .... ~' .......
=~==~y two ~=~ square f::= of surface area.
~=~ ~,,~= u= mounted u~ the post,on of the ...........
advertises
~u~,~ s~ ~,,~ be removed ...... seventy ~70)
percent of the property~=s occupied or leased, or after
a period of twenty-four ~=,'~) months, .............. ~=~=~== =vent
Beacon ' = ...... ~ =
~s~s uz search --- be --- tted for
purposes of a~vert~sement of special events, p=~===~
~u~ s ns ~ ~= the D 3A
District, except as follows
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'd. (4)
(5).
(7)
One
wu==~.:~ .~=.~=ificatiu.. ~ not to exceed
'~ feet ..... erected
plaza
Two (2) gateway signs, ...........
~=~..=~ not exceeuing one
,:=::u==~' .... "- -' *=~O square~==== =, may ===~==u at each
Four (4) -: .....
Busl~eso u=strict CoYc
streets enter
.......... '~' feet .................... ral
par~- may be ...................
~ All freestanding signs shall be approved by the
city council, as consistent with the general purpose and
intent of the design provisions presented in the July,
1991, Pembroke Central Business District Master Plan,---m~
Siuns on buildin~ awnings shall not be included in
determinin~ the number of buildinq signs permitted, or in
determinin~ permissible siqn area, if they meet the
following criteria:
a. Such siqns are uniform in font, color, size and
style;
b. Only the name of the establishment appears on the
awninc~
c. There is only one siqn per awninq; and
d. Such are no larqer than two (2) square feet.
Public or private parkin~ structures and parkinc carafes
may have one (1) sign uer vehicle entrance and two (2}..
additional siqns. Such sicns shall have no more ~han
seventy-five (75} square feet of surface area and shall
identify the buildinq on which they are located as a
parking structure or parkinq qarace.
As used in this section:
4
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a. "occupancy frontaqe" means the exterior tenq~h of
that portion of a buildinq occupied exclusively by
a single establishment havin~ at least one
exterior public access; and
b. "buildinq identification sion" means a siqn which
displays only the name of the the buildinq on which
it is located.
COMMENT
These amendments modify the requirements for signs in the B~3A, Pembroke Central Business
Core District to allow for a more urban landscape in keeping with the vision of the Town Center
development. Specifically the following modifications are made:
For every foot of occupancy frontage, .60 feet of sign area is allowed. The number of
signs allowed has increased from 2 to 4 and the square footage for each from 20 square
feet to 60 square feet. Occupancy frontage is the length of the exterior portion of an
establishment on the street level or second story that has access to the exterior for the
general public.
Building Identification signs: 2 are allowed per building and are required to be above
the top 1/4 of the building, and have the same name on each sign. To allow for
building height, less than 5 stories are allowed 150 square feet for each sign, 5 to 10
stories are allowed 200 square feet for each sign, and over 10 stories are allowed 300
square feet for each sign.
The portions of the ordinance about temporary or "for sale" signs and beacon lights
have been deleted.
4. Free standing signs are limited to those approved by City Council.
Awning signs are not counted for sign numbers or total area if they are uniform, name
the establishment, are smaller than 2 feet each and there is only 1 sign per awning.
Parking structures are permitted 1 sign per vehicle entrance and 2 per building that
are less than 75 square feet each that identifies the building as a parking
structure/garage.
164
165 Adopted by the City Council of the City of Virginia Beach',
166 Virginia, on this day of , 2002.
167
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170
CA-8492
wmm/B-3Asignregordin.wpd
R-7 - June 25, 2002
APPROVED AS TO CONTENTS:
Planning Department
APPROVED AS TO LEGAL SUFFICIENCY:
Department of Law
5
CITY OF VIRGINIA BEACH
B-3A SIGNS/#8
July 10, 2002
Background:
The City Zoning Ordinance was amended in 1995 establishing a new classification
entitled the B-3A Pembroke Central Business Core District. The purpose of this district,
as stated in the legislative intent section of the ordinance, is to "optimize development
potential for a mixed-use, pedestrian-oriented, urban activity center with mid- to high-
rise structures that contain numerous types of uses including business, retail,
residential, cultural, educational and other public and private uses." The section of the
ordinance that controls signs was prepared by representatives of the City and the
Central Business District Association. Following an assessment of anticipated signage
needs and based upon the best available information at the time, the provisions of the
B-3A sign ordinance relating to the type of signs, their number and dimensional
requirements were considered and adopted.
As the Town Center evolved, we have learned how sign requirements may be adjusted
to improve their effectiveness without compromising the attractiveness of urban
environments. This amendment offers reasonable changes to the B-3A ordinance to
achieve these objectives. It establishes provisions for public parking signs and modifies
certain provisions affecting dimensional requirements and Iocational criteria.
The amendments were deferred at the June 12, 2002 Planning Commission hearing.
Proposed Amendments:
These amendments modify the requirements for signs in the B-3A, Pembroke Central
Business Core District to allow for a more urban landscape in keeping with the vision of
the Town Center development. Specifically the following modifications are made:
For every foot of "occupancy frontage," 0.60 square feet of sign area is allowed.
The number of signs allowed has increased from 2 to 4 and the square footage
for each from 20 square feet to 60 square feet. "Occupancy frontage" is the
length of the exterior portion of an establishment on the street level or second
Planning Commission Agenda
July 10, 2002
CITY OF VIRGINIA BEACH - B-3A SIGNS / #8
Page I
o
story that has access to the exterior for the general public.
Building Identification signs: 2 are allowed per building and are required to be
above the top 1/4 of the building, and have the same name on each sign. To
allow for visibility at various building heights, buildings less than 5 stories are
allowed 150 square feet for each sign, 5 to 10 stories are allowed 200 square
feet for each sign, and over 10 stories are allowed 300 square feet for each sign.
The portions of the existing ordinance regarding temporary or "for sale" signs and
beacon lights have been deleted (the effect is that these are no longer
permitted).
Freestanding signs are limited to those approved by City Council.
Awning signs are not counted for sign numbers or total area if they are uniform,
name the establishment, are smaller than 2 feet each, there is only I sign per
awning.
Parking structures are permitted 1 sign per vehicle entrance and 2 per building
that are less than 75 square feet each that identifies the building as a parking
structure/garage.
Evaluation:
The proposed amendments are recommended for approval.
Planning Commission Agenda
July 10, 2002
CITY OF VIRGINIA BEACH - B-3A SIGNS / #8
Page 2
Item #8
City of Virginia Beach
An Ordinance to amend the City Zoning Ordinance
Pertaining to sign regulations in the B-3 Pembroke
Central Business Core District
July 10, 2002
CONSENT
Dorothy Wood: Thank you. The next item is Item #8. It's the City of Virginia Beach,
an ordinance to amend the City's Zoning Ordinance pertaining to sign regulations in the
B-3A Pembroke Central Business Core District. And that has six conditions. Mr. Scott?
Robert Scott: This is item #8?
Dorothy Wood: Yes sir.
Robert Scott: Well, this is an amendment to the regulations that apply in the Pembroke
Central Business District (inaudible) for the City of Virginia Beach. We're in the
unusual district. It's for the development as the most intense. The buildings are the
tallest. It's closest the street. The activity level is the highest. It's unusual in many
ways. Accordingly, it needs an unusual set of sign restrictions or allowances if you will,
to allow in some cases, the signs be posted higher on the building for visibility over
greater distances. And we will have 10, 15, 20 story tall buildings in these areas. Also
there's a greater need for what the design people call "way finding". How to find your
way around when you're in there? Because, it's again a very special kind of district.
These and several other considerations like this lead us to this set of sign restrictions that
we think are different from what applies in other parts of the City because the challenge
and the needs are different from other parts of the City. I think they're appropriate to this
district and we have worked it out with certain groups of businessman, developers in that
area who I think are satisfied with it, so were recommending approval of it.
Dorothy Wood: Thank you. Is there any opposition to Item #8, the City of Virginia
Beach, an ordinance to amend the City's Zoning Ordinance pertaining to sign regulations
in the B-3A Pembroke Central Business Core District? Hearing none. Mr. Ripley, I
would move to approve Item #8, the City of Virginia Beach with six conditions.
Ronald Ripley: So we have a motion to approve these three items. Do I have a second?
Seconded from Will Din.
Kay Wilson: Mr. Ripley, I would just mention that Item #8 has no conditions. It's an
amendment to the City's Zoning Ordinance.
Ronald Ripley: I would also mention too that this item, number eight was deferred last
month because we wanted to make sure that the ordinance matched up reasonably well
with the sign ordinances along the Oceanfront and we had staff in this morning to go over
Item #8
City of Virginia Beach
Page 2
that and we're satisfied that they are very close. It seems to be equitable. And there was
an item for the Commission. Item #6 was on the Consent agenda but we pulled it
because we do have opposition, so that's why it's not being voted on at this time. So,
we're ready for the question unless there's any discussion.
Robert Miller: I need to abstain from Item #8. My firm is working with this project.
AYE 9 NAY 0 ABS 1 ABSENT 1
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER
RIPLEY AYE
SALLE'
STRANGE AYE
VAKOS AYE
WOOD AYE
ABS
ABSENT
Ronald Ripley: By a vote of 9-1, the motion passes.
APPOINTMENTS
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TOWING ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
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09/05/02
AGENDA09/10/02/slb
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