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MARCH 2, 2004 AGENDACOUNCIL MAYOR M£YERA E. OBERNDORF, At-Large VICE MA YOR LO UIS R. JONES, Bayside o District 4 HARRY E. DIEZ, EL, Kempsvdle - District 2 MARGARET L. EURE, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOJf,, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHM1DT, At.Large RON A. VILIMNUEVA, At-Large ROSEMARY VeTLSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 JAMES K. SPORE, City Manager LESLIE L. LILLEE City Attorney RUTH HODGES SMITH, MMCA, City Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINI.4 BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E MAIL: Ctycncl~vbgov. corn 2 March 2004 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 P.M. Ao g. Co INDIGENT PRENATAL CARE Dr. Venita Newby-Owens URBAN DESIGN PLAN FOR KEMPSVILLE/PRINCESS ANNE ROADS INTERSECTION H. Clayton Bernick Environmental Management Programs Administrator, Department of Planning CLUSTER DEVELOPMENT Robert J. Scott, Director, Department of Planning William M. Macali, Deputy City Attorney REVIEW OF AGENDA ITEMS [II. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room- 4:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER-- Mayor Meyera E. Obemdorf Bo INVOCATION: Reverend Jonathan Bennett Pastor, Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION February 17, 2004 2. INFORMAL AND FORMAL SESSION February 24, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING . ARROWHEAD ELECTION PRECINCT CHANGE from Arrowhead Elementary School to Carrow Baptist Church CONSENT AGENDA iii i i I i i J. ORDINANCES , Ordinance to A2VIEND and REORDAIN § 10-1 of the City Code to change the election polling place for the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church . Ordinance to AUTHORIZE a temporary encroachment into a portion of Lake Rudee by DELMAS and KAREN JAMES to construct and maintain a wooden pier and existing stone riprap at 6 Caribbean Avenue. (DISTRICT 6- BEACH) . Ordinance to AMEND and REORDAIN §§ 21-364, 21-371, 21-405 and 21-440.9 of the City Code re parking violations. K. RESOLUTIONS . Resolution to DESIGNATE the Live Oak Tree (Quercus Virginiana) as the official tree for the City of Virginia Beach. , Resolutions REFERRING to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO)' ao § 401 re bulk storage of earthen minerals as a conditional use in AG-1 and AG-2 Aghculmral Zoning Districts. b. § § 250, 251,252 and 253 to repeal the Open Space Promotion option. L. PLANNING Applications of KENNETH A. HALL to expand their property at 3500 Holland Road. (DISTRICT 3 -- ROSE HALL) ao Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community iBusiness District b. Conditional Use Permit for motor vehicle sales and service Mo APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a)Plumbing/Mechanical (b)Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH FRANCIS LA/ND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINIORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PLANNING COUNCIL PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT Agenda 3/02/04 gw www.vbgov.com If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) i i i i i I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00 P.M. mo INDIGENT PRENATAL CARE Dr. Venita Newby-Owens Bo URBAN DESIGN PLAN FOR KEMPSVILLE/PRINCESS ANNE ROADS INTERSECTION H. Clayton Bemick Environmental Management Programs Administrator, Department of Planning Co CLUSTER DEVELOPMENT Robert J. Scott, Director, Department of Planning William M. Macali, Deputy City Attomey II. REVIEW OF AGENDA ITEMS III. COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS i i i i i V. INFORMAL SESSION - Conference Room- 4:00 P.M. A. CALL TO ORDER- Mayor Mcyera E. Obcrndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf Bo INVOCATION: Reverend Jonathan Bennett Pastor, Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION February 17, 2004 2. INFORMAL AND FORMAL SESSION February 24, 2004 G. AGENDA FOR FORMAL 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 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING o ARROWHEAD ELECTION PRECINCT CHANGE from Arrowhead Elementary School to Carrow Baptist Church I. CONSENT AGENDA I I I THE VIRGINIAN-PILOT THE BEACON TUESDAY, FEBRUARY 17, 2004 PUBLIC HEARING POLLING PLACE CHANGE CITY OF VIRGINIA BEACH The City Council of Virgihia Beach, Virginia, at its formal session on March 2, 2004, at 6:00 p.m., will consider an ordinance to change the location of the polling place for the Arrowhead Precinct. The proposed ordinance will change this precinct's polling place from Arrowhead Elementary School (located at 5549 Susquehana Drive) to Carrow Bap- tist Church (located at 5545 Susquehana Drive). This change is required because of construCtion that will be occurring at Arrowhead Elementary. The polling place location change will become effective after adoption by City Council, contingent upon approval by the United States Department of Justice, as required by the Voting Rights Act of 1965. A description and maps of the precinct and the location of the current and proposed polling places, as well as a copy of the proposed ordi- nance, may be inspected in the Voter Registrar's Office, which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia, 23456. The public hearing will be conducted in the City Council Chamber of the Administration Building (Building #1) at the Municipal Center. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE! at 427-4303; Hear- ing Impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf). Ruth Hodges Smith, MMCA City Clerk Februap/17 and February 22, 2004 . . 11127205 PUBLIC HEARING POLLING PLACE CHANGE CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Virginia, at its formal session on March 2, 2004, at 6:00 p.m., will consider an ordinance to change the location of the polling place for the Arrowhead Precinct. The proposed ordinance will change this precinct's polling place from Arrowhead Elementary School (located at 5549 Susquehana Drive) to Carrow Bap- tist Church (located at 5545 Susquehana Drive). This change is required because of construction that will be occurring at Arrowhead Elementary. The polling place location change will become effective after adoption by .City Council, contingent upon approval by the United States Department of Justice, as required by the Voting Rights Act of 1965. A description and maps of the precinct and the location of the current and proposed polling places, as well as. a copy of the proposed ordi- nance, may be inspected in the Voter Registrar's Office, which'is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia, 23456. The public hearing will be conducted in the City Council Chamber of the Administration Building (Building #1) at the Municipal Center. If you are physically disal~led or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFRCE at 427-4303; Hear- ing Impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf). Ruth Hodges Smith, MMCA City Clerk Beacon on February 15 and February 22, 2004 11116791 J. oRDINANCES Ordinance to AMEND and REORDAIN § 10-1 of the City Code to change the election polling place fbr the Arrowhead Precinct from Arrowhead Elementary School to Carrow Baptist Church . Ordinance to AUTHORIZE a temporary encroachment into a portion of Lake Rudee by DELMAS and KAREN JAMES to construct and maintain a wooden pier and existing stone riprap at 6 Caribbean Avenue. (DISTRICT 6- BEACH) .. Ordinance to AMEND and REORDAIN §§ 21-364, 21-371, 21-405 and 21-440.9 of the City Code re parking violations. ITEM: MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM Ordinance to Move Arrowhead Precinct Polling Place From Arrowhead Elementary School to Carrow Baptist Church March 2, 2004 Background: Construction at Arrowhead Elementary School requires that the polling location be moved indefinitely to Carrow Baptist Church, which is located next to Arrowhead Elementary School. The Virginia Beach Electoral Board voted on February 11,2004, to make this move. Considerations: Carrow Baptist Church meets requirements of the Americans with Disabilities Act. This change will become effective upon approval by the U.S. Department of' Justice pursuant to the Voting Rights Act of 1965, as amended, beginning with the May 4, 2004, Mayoral, City Council and School Board elections. Public Information: As required by Section 24.2-306 of the Code of Virginia, notice of this proposed change was published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive new voter cards with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the election to be held May 4, 2004. Alternatives: None; the current polling location will not be available for the May 4, 2004, election. · Attachments: Ordinance Recommended Action: Approval Submitting Departrrkent/Agency: General City Manager.' ~~~ Registrar H'\GG\orders\iarrowheadarf doc/J / AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE BY MOVING THE ARROWHEAD PRECINCT POLLING PLACE FROM ARROWHEAD ELEMENTARY SCHOOL TO CARROW BAPTIST CHURCH SECTION AMENDED' ~ 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA' 10 11 That Section 10-1 of the City Code is hereby amended and 12 reordained, to read as follows- 13 Sec. 10-1. Establishment of precincts and polling places. 14 There are hereby established in the city the following 15 precincts and their respective polling places, as set forth below' 16 Precinct Polling Place 17 Alanton Alanton Elementary School 18 Aragona Kemps Landing Magnet School 19 Arrowhead 20 21 22 Avalon Carrow Baptist Church Avalon Church of Christ 23 Baker Heritage United Methodist Church 24 Bayside Bayside Elementary School 25 Bellamy Salem Middle School 26 Blackwater Blackwater Fire Station 27 Bonney Center for Effective Learning 28 Brandon Brandon Middle School 29 Brookwood Brookwood Elementary School 30 Buckner Holy Spirit Catholic Church 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver Dahlia Davis Corner Eastern Shore Edinburgh St. Edwin Fairfield Foxfire Glenwood Great Neck Green Run Holland Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School Ail Saints Episcopal Church Green Run Elementary School Holland Elementary School 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Homestead Hunt Indian Lakes Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn London Bridge Lynnhaven Magic Hollow Malibu Manor Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Pleasant Hall Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church Kingston Elementary School Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Virginia Beach Community Chapel London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Galilee Episcopal Church Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Point O'View Red Wing Reon Rock Lake Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Kempsville Church of Christ Birdneck Elementary School Woodstock Elementary School Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Seatack Community Recreation Center Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church St. John the Apostle Catholic Church Thalia Lynn Baptist Church 111 112 113 114 115 116 117 118 Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct 119 Virginia, on this Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Adopted by the City Council of the City of Virginia Beach, day of , 2004. CA-9129 GG/ordres/proposed/10-1ord.doc RI - February 16, 2004 APPROVED AS TO CONTENTS- ral R~istra9 APPROVED AS TO LEGAL SUFFICIENCY- ~ity Att~rh'-e~'s Of CITY OF VIRGINIA BEACH AGENDA ITEM II I_ III ITEM: Encroachment Request: Wooden Pier and Stone Rip Rap Location: 6 Caribbean Avenue Applicant: Deimas James and Karen James, h/w MEETING DATE: March 2, 2004 Background: Delmas James and Karen James, husband and wife, have requested permission to encroach into a portion of existing City Property known as Lake Rudee, located at the rear of 6 Caribbean Avenue, in the Shadow Lawn Heights Subdivision. The purpose of this encroachment is to allow a proposed wooden pier and existing stone rip rap. Considerations: Construction of the wooden pier and continued allowance of the stone dp rap will not be a detriment to maintenance of the canal, based on staff review. There are existing improvements of this nature bordering either side of the lake, in the vicinity of the subject property. Regarding the bulkhead and/or rip rap: The Department of Public Works supports the utilization of "hardened slope stabilization" methods including bulkheading, grouted dp-rap and rip-rap with filter cloth to minimize and prevent soil loss along bank slopes associated with open drainage ditch, canal and lake systems. These methods are successful in areas with soil types classified as highly erodible, specifically dudng major rainfall events which create high velocities and wave action along bank slopes due to high winds. Public Information: Advertisement of Council Agenda. Altemafives: Approve encroachment with recommended conditions, deny the encroachment or add conditions as desired. Recommendations: Staff recommends approval of this request. Attachments: Ordinance, Agreement, Plat and Location Map Recommended Action: Approval Submitting Depa~ent/Agency: PW/Real Estate Office<~ -~//_~ City Manag~~...~.[ 2 3 4 5 6 7 8 9 I0 11 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY OWNED PROPERTY KNOWN AS LAKE RUDEE, BY DELMAS JAMES AND KAREN JAMES, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, Delmas James and Karen James, husband and Wife, desire to construct and maintain a proposed wooden pier and maintain an existing stone rip rap, upon the City's property located at the rear of 6 Caribbean Avenue. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 1'7 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's properties, subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY TH'E COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 2O That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Delmas James and Karen 22 James, husband and Wife, their heirs, assigns and successors in title are authorized to 23 24 25 construct and maintain a temporary encroachment for a proposed wooden pier and maintain a temporary encroachment for existing stone rip rap on the City's property as shown on the map entitled' "PROPOSED ENCROACHMENT PRIVATE PIER FOR 26 DELMAS and KAREN JAMES LOT F, RESUB. OF LOTS I THRU 5, BLK. 40, SHADOW 2'7 28 LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DATE: JUNE 19, 2003," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and 3O BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Delmas James and Karen James, husband and Wife (the "Agreement"), which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized 3 s designee is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 37 38 such time as Delmas James and Karen James, husband and Wife and the City Manager or his authorized designee execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of ,2004. APPROVED AS TO CONTENTS ,~ f;~~NATURE DEPARTMENT 46 47 48 49 50 51 52 APPROVED AS TO LEGAL SUFFICIENCY AND F/~=INb CITY ATTORNEY > PREPARED:l/21/04 H:\W P\ENC ROACH\Jarnes\Ordinance.Jan.21,2004.wpd PREPARED BY VIRGINDk BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-gl 1 (a)(3) AND 58.1-gl 1 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this~ *~' day of' ~,-..,~-~ ~ ,2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DELMAS JAMES AND KAREN JAM~.S, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, '~Grantee", even though more than one. WI TNE S S E TH: That, WttEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "(LOT F, RESUBDIVISION OF LOTS 1 TffRU 5, BLK. 40, SHADOW LAWN HEIGHTS)" and being further designated and described as 6 Caribbean Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a wooden pier, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, "The Encroachment Area"; and WHEREAS, the Grantee has Encroachment within The Encroachment Area. requested that the City permit a Temporary NOW, THEREFORE, for and in consideration of tho-premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee . . GPIN # 2427-00-1851 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroactunent. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintain6d in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PROPOSED ENCROACHMENT PRIVATE PIER FOR DELMAS and KAKEN JAMES LOT F, KESUB. OF LOTS 1 THRU 5, BLK. 40, SHADOW LAWN I-IEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DATE: /UNE 19, 2003," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment t herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall i be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written no'rice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Delams James and Karen James, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Clerk By City Manager/Authorized Designee of the City Manager ,. Karen James STATE OF VIRGINIA CITY OF ¥2RGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of .. ,2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE', CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ., 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF e'fi,~ ~,cl,a CITY/C..Qi.12Nq~ OF 3/,,.q-~,.c,,tt ~"gc-~el4, to-wit: The foregoing instrumem was acknowledged before me this .'~ ~ day of /~~ ,2004, by DELMAS JAMES AND KAREN JAMES. Notary Public My Commission Expires: L,,-~-.~' ~ i.~ { ,.~o~ (_~ / APPROVED AS TO LEGAL SUFFICe! CITY ATTOR.~rEY ] ~PPROVED AS TO CONTENT REAL ESTATE AGENT Rev. 07-24-02 J I III I CARIBBEAN AVENUE (50' R/W) LOT G g 2-S-F LOT F N 13'53'55 W 66.29' (~) 2003 WATERFRONT CONSULTING. INC, WA TERFRONT CONSULTtNG, INC 1112 JENSEN DRIVE, //206 VIRGINIA BEACH, VA 25451 PHONE: ('757) 425-8244 FAX: (757,) ,315-9788 EX. PIER LOT E PROPOSED PIER 0.5' OFF SIDE PL LAKE RUDEE N/F CITY OF' VIRGINIA BEACH MICHAEL No. 031611 PROPOSED PIER -'- Exhibit "A" ~1/._ PLAN VIEW '-"--~ ~ SCALE 1" = 30' ·.. PROPOSED II ENCROACHMENT PRIVAT£ PIER FOR DELMAS and KAREN JAMES LOT F, RESUB. OF LOTS 1 THRU 5, BLK. 40, SHADOW LAWN HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (REF: 200208203019176) DATE: JUNE 19, 2003 I R/W #6 PROPOSED PIER LAKE RUDEE EXISTING PIER CAARIBB~N.DGN M.].S. LOCATION MAP SHOWING PROPERTY OF DELMAS AND KAREN LOCATED AT 6 JAMES CARIBBEAN SCALE: 1" = AVENUE 100' eee · PREPARED BY P/W ENG. CADD DEPT. JAN. 27, 2004 ITEM' MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM Ordinance to amend city code sections 21-364. General parking prohibitions; penalties for violations; 21-371. Parking in space reserved for per.sons with disabilities; 21-405. Prepayment of penalty for parking in metered spaces in violation of division; and 21-440.9. Penalties for violation of residential parking restrictions. March 2, 2004 Background: In an effort to encourage voluntary compliance with City parking regulations, an increase in the current fines imposed for parking violations is necessary. Considerations: The fines for most illegal parking categories in Virginia Beach are lower than the fines imposed in Norfolk; Richmond; Myrtle Beach, South Carolina; and Miami, Florida. Instead of encouraging voluntary compliance with parking restrictions, these Iow fines sometimes compete with the parking rates charged by private lots. Additionally, the current personnel cost to enforce the City parking ordinances have exceeded the revenue generated by enforcement efforts. Public Information:: This ordinance will be advertised in the same manner other council agenda items are advertised. Recommendations' Adoption of Ordinance. Attachments: Table comparing Virginia Beach parking fines to those currently charged in other cities, and a table listing of the proposed new fines. Ordinance Recommended Action: Adopt Submitting Depart~/~nt/Agency: Police City Manag~ H:~olicy and A~rministration\OG\OrdRes~P~kir/grviolations afl. doc Recommended Changes In Parking Fines City of Virginia Beach Violation Current Fines* Pmp0sed Fines* Category A Section 21-364 $15.00/$30.00 $35.00/$70.00 Category B Section 2:1-364 $10.00/$20.00 $20.00~$40.00 Parking Meter Violation $12.00/$24.00 $18.00/$36.00 Handicap Parking $100.00/$200.00 $150.00/$300.00 Residential Parking Violation $25.00/$50.00 $35.00/$70.00 Category C Section 2i-364 $15.00/$30.00 $25.001550.00 , i ., *Fine/Fine after 14 days I I O ' o · o=~ =:= =~~ ~ .- ._ o=O ~ o '- = ~ = ~ ~ r~ "~1~ -- omo · - , :o o o ~ ~ m ~ .... ~.- · ~ 0 0 m"~ 0 O0 ' 0 ~.~ '-- ~ . ~ c , , ~'~ ~ ~ "~ ,- -~ m E m ~ ~ o '~: .... SECTION 21-364. General parking prohibitions; penalties for violation. (A) No person shall Dark a vehicle, except when necessary to avoid conflict with other traffic or in comoliance with the directions of a police officer or traffic-control device, in any of the following places: (!) Wi~in fifteen (15) feet of a fire hydrant. (2) Within any designated fire lane. (3) At any place so as to block any fire department connection. (4) Within fifteen (15) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrar~,e to any fire sta- tion, within seventy-five (75) feet of the entrance, when properly signposted. (5) Within fifteen (15) feet of the entrance to a building housing res- cue squad equipment or ambulances, provided such buildings are plainly designated. (6) In front of a public or private driveway. (7) Within an intersection. (8) On the roadway side of any vehicle ')arked at the edge or curb of a street (double parking). (9) Upon any bridge or other elevated structure upon a street or high- way or within a tunnel (10) On the left-hand side of roadway of a two-way street. (11) At any place so as to impede or render dangerous the use of any street or highway. (B) ,No person shail park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in ,any of the following plac~os. (1) On a siclewal~(. (2) On a crosswalk. (3) Within twenty (20) feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the inter- section of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines. (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. (5) Between a safety zone and the acijacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (8) At any place where official signs prohibit, reserve or restrict parking. (9) In a residential or al~rtrnent district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. This restriction shall not apply to com- mercial vehicles parked while engaged in the normal conduct of business or in the del,fvery or provision of goods or services in a residential or apartment district (area). (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. (11) At any place, angte parked or perpendicular to a curb, unless street markings permit. (,12) On any street or highway or any city parking lot, displaying a sign or lettering indicating that the vehicle is offered for sale or rent. (,C) No person shall park on any street or highway, or on any city parking tot, any vehicle which fails to display one or more of the following: (.2) Yalid state ~ plates. .. AN ORDINANCE TO AMEND AND REORDAIN THE VIRGINIA BEACH CITY CODE PERTAINING TO PARKING VIOLATIONS SECTIONS AMENDED' ~ 21-364, 21-371, 21-405 AND 21-440.9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA' 10 That Sections 21-364, 21-371, 21-405 and 21-440.9 of 11 the City Code are hereby amended and reordained to read as 12 follows- 13 14 Sec. 21-364. General parking prohibitions; penalties for 15 violation. 16 17 (a) No person shall park a vehicle, except when necessary 18 to avoid conflict with other traffic or in compliance with the 19 directions of a police officer or traffic-control device, in any 20 of the following places- 21 (1) Within fifteen (15) feet of a fire hydrant. 22 (2) Within any designated fire lane. 23 (3) At any place so as to block any fire department 24 connection. 25 (4) Within fifteen (15) feet of the driveway entrance to 26 any fire s'tation and, on the side of a street opposite 27 the entrance to any fire station, within seventy-five 28 (75) feet of the entrance, when properly signposted. 29 (5) Within fifteen (15) feet of the entrance to a building 30 housing rescue squad equipment or ambulances, provided 31 such buildings are plainly designated. 32 (6) In front of a public or private driveway. 33 (7) Within an intersection. 34 (8) On the roadway side of any vehicle parked at the edge 35 or curb of a street (double parking). 36 (9) Upon any bridge or other elevated structure upon a 37 street or highway or within a tunnel. 38 (10) On the left-hand side of roadway of a two-way street. 39 (11) At any place so as to impede or render dangerous the 40 use of any street or highway. 41 (b) No person shall park a vehicle, except when necessary 42 to avoid conflict with other traffic or in compliance with the 43 directions of a police officer or traffic-control device, in any 44 of the following places: 45 (1) On a sidewalk. 46 (2) On a crosswalk. 47 (3) Within twenty (20) feet of a crosswalk at an 48 intersection; provided, however, that where there is 49 no crosswalk at an intersection, no person shall so 50 park a w,~hicle within twenty (20) feet from the 51 intersection of curb lines or, if none, then within 52 fifteen (15) feet of the intersection of property 53 lines. 54 (4) Within thirty (30) feet upon the approach to any 55 flashing beacon, stop sign or traffic-control signal 56 located at: the side of a roadway. 57 (5) Between a safety zone and the adjacent curb or within 58 thirty (30) feet of points on the curb immediately 59 opposite the ends of a safety zone, unless a different 6O length is indicated by official signs or markings. 61 (6) Within fifty (50) feet of the nearest rail of a 62 railroad grade crossing. 63 (7) Alongside oz' opposite any street excavation or 64 obstruction, when such parking would obstruct: traffic. 65 (8) At any place where official signs prohibit, reserve or 66 restrict parking. 67 (9) In a residential or apartment district (area), if such 68 vehicle is a commercial vehicle in excess of twenty 69 (20) feet in length and/or seven (7) feet in height. 7O This restriction shall not apply to commercial 71 vehicles parked while engaged in the normal conduct of 72 business or in the delivery or provision of goods or 73 services in a residential or apartment district 74 (area) . 75 (10) At any place so as to prevent the use of a curb ramp 76 located on public property or on privately owned 77 property open to the public. 78 (11) At any place, angle parked or perpendicular to a curb, 79 unless street markings permit. 80 (12) On any street or highway or any city parking lot, 81 displaying a sign or lettering indicating that the 82 vehicle is offered for sale or rent. 83 (c) No person shall park on any street or highway, or on 84 any city parking lot, any vehicle which fails to display one (1) 85 or more of the following- 86 (1) A valid state vehicle safety inspection decal. 87 (2) Valid state license plates. 88 (d) (1) When a notice or citation is attached to a 89 vehicle found parked in violation of any provision of 90 this section, the owner of the vehicle may, within 91 fourteen (14) calendar days thereafter, pay to the 92 city treasurer, in satisfaction of such violation, a 93 94 penalty of ~ ~~ ~ ~ ~ ~ .... thirty-five ............... ($~ ~), dollars ($135.00), for a violation of any provision of 95 subsection (a) or (c), except (a) (2), or ton dollars 96 97 ($I0.00) twenty dollars ($20.00) for a violation of any provision of subsection (b), for each. hour or 98 fraction thereof during which such vehicle was 99 unlawfully parked. Such payment shall constitute a 100 plea of guilty of the violation in question. If such 101 payment, is not postmarked or received by the city 102 treasurer within fourteen (14) calendar days after 103 issuance of such notice or citation, the penalty shall 104 be thirty doliars ($30.00) seventy dollars ($70.00) 105 for a violation of any provision of subsection (a) or 106 (c) of this section, except (a) (2), and t~-~ .... = ....... 107 ($20.00) forty dollars ($40.00) for a violation of any 108 provision of subsection (b) of this section. 109 (2) For violations of subsection (a) (2), the penalty 110 shall be fifty dollars ($50.00) if paid to the 111 city treasurer within fourteen (14) days after 112 the notice or citation is issued, and if payment 113 is not postmarked or received by the city 114 treasurer within fourteen (14) days after 115 issuance of the notice or citation, the penalty 116 shall be one hundred dollars ($100.00). 117 (e) The failure of any owner to make payment in accord 118 with subsection (d) above or present the notice or citation for 119 a violation of this section at an office of the city treasurer 120 for certification to the general district court, within thirty 121 (30) days, shall render such owner subject to a fine of not more 122 than fifty dollars ($50.00) in addition to the penalty 123 prescribed by subsection (d). 124 125 126 127 128 129 130 131 132 133 134 135 136 COMMENT Amendment increases penalty for violating the parking restrictions listed in subparagraphs (a) and (c) from $15 if paid within 14 days to $35 if paid within 14 days, and from $30 if paid later than 14 days after ticket issue date to $70 if paid later than 14 days after ticket issue date. This amendment also increases the penalty for violating the parking restrictions listed in sub-paragraph (b) from $10 if paid within 14 days to $20 if paid within 14 days, and from $20 if paid later than 14 days from ticket issue date to $40 if paid later than 14 days from ticket issue date. Sec. 21-371. Parking in space reserved for persons with disabilities. (a) It shall be unlawful for any person to park any 137 vehicle in a parking space reserved for persons with 138 disabilities that limit or impair their ability to walk, unless 139 such vehicle is displaying disabled parking license plates, an 140 organizational removable windshield placard, a permanent 141 removable windshield placard or a temporary removable windshield 142 placard issued under Code of Virginia, section 46.2-731; or DV 143 disabled license plates issued under Code of Virginia, section 144 46.2-739, subsection B. Spaces reserved for persons with 145 disabilities shall be identified by above grade signs in 146 accordance with the provisions of Code of Virginia, section 36- 149 ~^~..^ ~,,~,, ~ '~ano eAll disabled parking signs shall 150 include the following language- PENALTY, $100--500 Fine, TOW- 6 151 AWAY ZONE. Such language may be placed on a separate sign and 152 attached below existing above-grade disabled parking signs, 153 provided that the bottom edge of the attached sign is no lower 154 than four (4) feet above the parking surface. 155 (b) It shall be unlawful for any person without a 156 disability that limits or impairs his or her ability to walk to 157 park a vehicle with disabled parking license plates, an 158 organizational removable windshield placard, a permanent 159 removable windshield placard or a temporary removal windshield 160 placards in any parking space reserved for persons with 161 disabilities that limit or impair their ability to walk, except 162 when transporting such a disabled person in the vehicle. 163 (c) Any operator of a motor vehicle parked in violation of 164 this section in a parking space reserved for disabled persons on 165 public property or at a privately owned parking area shall be 166 subject to a fine of not more than five hundred dollars 167 ($500.00) and may be issued a summons or parking ticket, without 168 the necessity of a warrant being obtained by the owner of such 169 private parking area obtaining a warrant. 170 (d) When a notice or citation is attached to a vehicle 171 found parked in violation of this section, the owner of the 172 vehicle may, within fourteen (14) calendar days thereafter, pay 173 to the city treasurer, in satisfaction of such violation, a lty ~ ....'~'~^~ ~^~ ~ ~"~ fifty 174 pena of onc ................. ($I00.00) one hundred 175 dollars ($150.00). Such payment shall constitute a plea of 176 guilty for the violation in question. If such payment is not 177 postmarked or received by the city treasurer within fourteen 178 (14) calendar days .of the city after receipt of such notice or 179 violation, the penalty shall be *~..~ .... ..~~~'~~ ~~~^~ ~ ($200.~)~ 180 three hundred dollars ($300.00). The failure of any owner to 181 make payment as prescribed above, or to present the notice or 182 citation for a violation of this section at an office of the 183 city treasurer for certification to the general district court 184 within thirty (30) days shall render such owner, upon conviction 185 of such violation, subject to a fine of not more than five 186 hundred dollars ($500.00) . 187 (e) In any prosecution charging a violation of this 188 section, proof that the vehicle described in the complaint, 189 summons, parking ticket, citation, or warrant was parked in 190 violation of this section, together with proof that the 191 defendant was at the time the registered owner of the vehicle, 192 as required by title 46.2, chapter 6 (~ 46.2-600 et seq.) of the 193 Code of Virginia, shall constitute prima facie evidence that the 194 registered owner of the vehicle was the person who committed the 195 violation. 196 (f) No violation of this section shall be dismissed for a 197 property owner's failure to comply strictly with the 198 requirements for disabled parking signs set forth in ~ 36-99.11 199 of the Code of Virginia, provided the space is clearly 200 distinguishable as a parking space reserved for persons with 201 disabilities that limit or impair their ability to walk. 202 (g) The terms "disabled p~rking sign," "organizational 203 removable windshield placard," "permanent removable windshield 204 placard," "temporary removable windshield placard," and "person 205 with a disability that limits or impairs his ability to walk" 206 when used in this section shall, for purposes of this section, 207 have the meanings respectively ascribed to them in section 46.2- 208 1240 of the Code of Virginia. 209 210 COUNT 211 Amendment increases the penalty for parking in spaces reserved for persons with 212 disabilities from $100 if paid within 14 days to $150 if paid within 14 days, and from $200 if paid 213 later than 14 days after ticket issue date to $300 if paid later than 14 days after ticket issue date. 214 215 Sec. 21-405. Prepayment of penalty for parking in metered 216 spaces in violation of division. 217 218 (a) When a no'tice is attached to a vehicle pursuant to 219 section 21-403, the owner of the vehicle may, within fourteen 220 (14) calendar days thereafter, pay to the city treasurer, in 221 satisfaction of the violation for which the notice was given, a 222 penalty of twclvc dollars ($12.00) eighteen dollars ($18.00) for 223 each hour or fraction thereof during which such vehicle occupied 9 224 a parking meter space illegally. Such payment shall constitute a 225 plea of guilty to the violation in question. If such payment is 226 not postmarked or received by the city treasurer within fourteen 227 (14) calendar days after receipt of such notice, the penalty for 228 each hour or fraction thereof during which such vehicle occupied 229 a parking meter space illegally shall be 230 ($24.00) thirty-six dollars ($36.00) . 231 (b) The failure of any owner to make payment in accord 232 with subsection (a) above or present the citation or notice of 233 violation at any office of the city treasurer for certification 234 to the general district court, within thirty (30) days shall 235 render such owner subject to a fine of not more than fifty 236 dollars ($50.00) in addition to the penalty set forth in 237 subsection (a). 238 239 COMS~ENT 240 Amendment increases the penalty for unauthorized parking in metered spots from $12 if 2 4 1 paid within 14 days to $18 if paid within 14 days, and from $24 if paid later than 14 days after 2 4 2 ticket issue date to $36 if paid later than 14 days after ticket issue date. 243 244 Sec. 21-440.9. Penalties for violation of residential parking 245 restrictions. 246 247 (a) When a notice or citation is attached to a vehicle 248 parked in violation of section 21-440.4, the owner may within 249 fourteen (14) calendar days thereafter, pay to the city 250 treasurer, in satisfaction of such violation, a penalty of 251 ~ ..... ~"-~^ ~^~ ~ ....... ~ ........... ($25.00) thirty-five dollars ($35.00) . If ~0 252 such payment is not postmarked or received by the city treasurer 253 within fourteen (141) calendar days after receipt of such notice 254 or citation, the penalty therefor shall be 255 ($50.00) seventy dollars ($70.00). Additionally, any vehicle 256 parked in violation of section 21-440.4 may be towed at the 257 direction of a law enforcement officer. 258 (b) The failure of any owner to make payment in accordance 259 with subsection (a) above or to present the notice or citation 260 for a violation of section 21-440.4 at an office of the city 261 treasurer for certification to the general district court within 262 thirty (30) days shall render such owner subject to a fine of 263 not more than fifty dollars ($50.00) in addition to the penalty 264 set forth in subsection (a) above. 265 (c) A violation of section 21-440.7 or 21-440.8 shall be 266 punishable by a fine in an amount not to exceed one hundred 267 dollars ($100.00) . 268 269 COUNT 270 Amendment increases the penalty for violating residential parking restrictions from $25 if 2 71 paid within 14 days to $35 if paid within 14 days, and from $50 if paid later than 14 days after 2 7 2 ticket issue date to $70 if paid later than 14 days after ticket issue date. 273 274 Adopted by the Council of the City of Virginia Beach, 275 Virginia, on the day of , 2004. 11 CA-9111 H- \GGkOrdReslProposed\21-364etalsord. doc R-1 February 11, 2004 APPROVED AS TO CONTENTS- Police Department APPROVED AS TO LEGAL SUFFICIENCY' C i {y~t to rn~e~'~Of f i ce- 12 Ko RESOLUTIONS Resolution to DESIGNATE the Live Oak Tree (Quercus Virginiana) as the official tree for the City of Virginia Beach. . Resolutions REFERRING to the Planning Commission proposed amendments to the City Zoning Ordinance (CZO): ao § 401 re bulk storage of earthen minerals as a conditional use in AG-1 and AG-2 Agricultural Zoning'Districts. b. §§ 250, 251,252 and 253 to repeal the Open Space Promotion option. CITY OF VIRGINIA BEACH AGENDA ITEM,.. ITEM: Resolution Designating the Live Oak as the Official Tree of the City of Virginia Beach, Virginia MEETING DATE: March 2, 2003 · Background: The Shore Drive Advisory Committee was established by City Council in February of 1998. Since that time, the Committee has adopted the live oak tree as its symbol, and has witnessed the demise of many specimens of these trees in association with both public and private development projects along the Shore Drive corridor. The Committee recently completed an inventory of many of the remaining live oak trees within the corridor, and has worked to promote the protection, enhancement and restoration of this tree species as well as related plants that comprise the remaining maritime forest ecosystem examples within the City. The maritime forest ecosystem is at its northernmost limit within the City, and has been recognized by plant ecologists as a globally rare ecosystem. This remnants of this ecosystem, found not only in the Shore Drive corridor but also adjoining Atlantic shore and other waterfront environments in the City, is exemplified by the presence of live oak trees. Inasmuch as these trees have been historically associated with the character and early settlement of the City, and due to the many favorable characteristics these trees exhibit, the Shore Drive Advisory Committee has recommended that the City ceremonially recognize its significance by designating the live oak tree (Quercus virginiana) as the Official Tree of the City of Virginia Beach. Considerations: Designation of the live oak tree as the official City tree is solely a ceremonial designation and does not afford any special protected status. However, designation of the live oak tree species can help to heighten public and private efforts to protect live oak trees and their associated natural habitat from unnecessary destruction through voluntary efforts to protect trees, and to enhance and restore them for future generations to enjoy where possible. In fact, current efforts that have been voluntarily offered by developers, in conjunction with expertise from the City's Extension Agent, the Virginia Tech Agricultural Experiment Station, and Landscape Services staff, in cooperation with the Planning Department staff, are helping to spearhead these efforts at protection, enhancement and restoration. These efforts hold significant promise, not only for the initial efforts focused on the Shore Drive area, but Citywide. · Public Information: The Shore Drive Advisory Committee hosts public monthly meetings to conduct its business, and offers a forum for interested citizens to address the Committee on any topics of interest or concern for the corridor. These forums have helped to focus the issues concerning protection of live oak trees, and have fostered innovative approaches to protection, enhancement and restoration of live oak trees, including this suggested designation of the live oak as the official City tree. The proposed official tree designation has been discussed in detail at these meetings. · Alternatives: Alternatives to this approach considered by the Committee included a No Action Alternative and a more aggressive proposal that would necessitate legislative action by the General Assembly. The No Action alternative would not help accomplish the goal of increasing visibility for voluntary protection of this signature tree species in the City, and the more aggressive proposal requires extensive coordination with other communities to gauge support for such a legislative change. Accordingly, both of these alternatives were deemed ineffective in achieving the optimum desired goal of promoting voluntary protection, enhancement, and restoration of live oak trees. Recommendations: Approval of the Resolution to designate the Live Oak as the official City tree. Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: Requested by Vice Mayor Louis R. Jones and Councilmember James L. Wood A RESOLUTION DESIGNATING THE LIVE OAK AS THE OFFICIAL TREE OF THE CITY OF VIRGINIA BEACH, VIRGINIA 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 WHEREAS, the live oak tree, known scientifically as Quercus virginiana, is native to the City of Virginia Beach and is located at the northernmost limit of its natural range within the City; WHEREAS, the live oak tree is an indicator plant species for the maritime forest ecosystem, which historically existed in areas of the City of Virginia Beach in close proximity to the Atlantic Ocean and Chesapeake Bay shorelines; WHEREAS, the maritime forest ecosystem type and live oak trees associated within them is considered a globally rare ecosystem due to the intense development pressure upon this unique coastal habitat; WHEREAS, the live oak tree is recognized as a tree with many exemplary characteristics, including tenacity and survivability in harsh conditions, resilience to wind and saltwater spray, durability and strength of its wood, dense foliage and bountiful shade, high value acorn crop as food for many wildlife species, noble and evergreen appearance with massive horizontal branches and spreading shape, and a lifespan averaging several hundred years; and WHEREAS, the live oak tree is one of the most distinctive and recognizable plants found naturally in the City of Virginia Beach, and the live oak tree is frequently associated with the City's 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 recognition and reputation as a coastal community which strives to safeguard its abundant natural resources. NOW, THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Official Tree of the City of Virginia Beach, Virginia is hereby designated as the live oak, known scientifically as Quercus virginiana; That the City shall make a special effort to protect, enhance and restore specimens of the live oak tree where it is found growing on City property, or where site conditions are favorable to allow for its reintroduction, and shall encourage the protection, enhancement and restoration of live oak tree specimens on private property within the City; That funds from the Tree Restoration - Shore Drive Area Trust Fund shall be earmarked to help protect, enhance and restore specimens of the live oak tree within the boundaries of the Shore Drive Corridor Zoning Overlay District, as set forth in Appendix A of the City Code; and That the Department of Planning, in conjunction with other City agencies, shall, maintain an inventory of known specimens of live oak trees on City property, to be augmented with information provided by volunteers of known specimens of live oak trees on private property, in order to help promote the protection, 5O 51 52 enhancement and restoration of the live oak tree species within the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA- 9128 H:/OID/ordres/liveoakres. wpd R-2 February 13, 2004 APPROVED AS TO CONTENT: Planning Dep~rt~ent APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to the Planning Commission Proposed Amendments to the City Zoning Ordinance Allowing Bulk Storage Of Earthen Minerals as a Conditional Use in Agricultural Zoning Districts MEETING DATE: March 2, 2004 [] Background: Current zoning regulations do not allow bulk storage as a principal or conditional use in Agricultural Zoning Districts. Councilmember Jim Reeve has requested that this situation be addressed through a zoning amendment which would allow the use, with certain restrictions, with a conditional use permit. [] Considerations: The proposed resolution refers to the Planning Commission amendments to the City Zoning Ordinance which would allow bulk storage of earthen minerals as a conditional use in the AG-1 and AG-2 Agricultural Zoning Districts. The amendments would prohibit on-site processing or disposal of such materials. [] Public Information: The resolution does not require special advertising or notice; the amendments themselves would be advertised as planning agenda items before both the Planning Commission and City Council. · Alternatives: The City Council may choose to retain the status quo or may adopt the proposed amendments. [] Attachments: Resolution, proposed amendments to City Zoning Ordinance Section 401. Recommended Action: Submitting Depart//m~nt/.Agency: Requested by Councilmember Jim Reeve. City M an ag '~~_.~/~~ REQUESTED BY COUNCILMEMBER JIM REEVE A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE ALLOWING BULK STORAGE OF EARTHEN MINERALS AS A CONDITIONAL USE IN AGRICULTU~QAL ZONING DISTRICTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 There is hereby referred to the Planning Commission, for its 12 consideration and recommendation, proposed amendments to Section 13 401 of the City Zoning Ordinance, allowing bulk storage of earthen 14 minerals as a conditional use in Agricultural Zoning Districts. A 15 true copy of such proposed amendments is hereto attached. 16 17 18 Virginia, on the Adopted by the City Council of the City of Virginia Beach, day of , 2004. CA-9130 OID\ordres\czo401res. docR-1 February 17, 2004 APPROVED AS TO LEGAL City V~tt~rney's O~ ice REQUESTED BY COUNCILMEMBER JIM REEVE AN ORDINANCE TO ALLOW BULK STORAGE OF EARTHEN MINERALS AS A CONDITIONAL USE IN AGRICULTURAL ZONING DISTRICTS Section Amended' City Zoning Ordinance § 401 25 26 27 28 29 30 31 such as sand, 9ravel, crushed stone and quarried rock; ~rovided that no on-site processinq or disposal shall be allowed AG-1 AG-2 C C 21 shall be permitted. 22 Use 23 .... 24 Bulk storaqe of earthen minerals 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 401 of the City Zoning Ordinance is hereby 11 amended and reordained to read as follows: 12 ARTICLE 4. AGRICULTUR~_L DISTRICTS 13 Sec. 401. Use regulations. 14 (a) Principal and conditional uses. The following chart lists 15 those uses permitted within the AG-1 and AG-2 Agricultural 16 Districts. Those uses and structures in the respective agricultural 17 districts shall be permitted as either principal uses indicated by 18 a "P" or as conditional uses indicated by a "C." Uses and 19 structures indicated by an "X" shall be prohibited in the 20 respective districts. No uses or structures other than as specified 32 33 34 35 36 37 38 39 40 COMMENT The proposed amendment allows bulk storage of earthen minerals as a conditional use in the AG-1 and AG-2 Agricultural Zoning Districts, but prohibits on-site processing or disposal of such materials. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9127 OID/ordres/proposed/czo40 lord. doc R-1 February 17, 2004 APPROVED AS TO LEGAL SUFFICIENCY- City Attorney's Office ITEM: MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM Resolution Referring To The Planning Commission Proposed Amendments To The City Zoning Ordinance Repealing The Open Space Promotion Option Mai'ch 2, 2004 · Background: In 2002, the General Assembly enacted amendments to the Virginia Code that require localities allowing clustering of single-family dwellings pursuant to a conditional use permit to amend their zoning ordinance or subdivision regulations by July 1, 2004, so as to allow clustering as a matter of right as well as by conditional use permit. Because the City Zoning Ordinance contains the Open Space Promotion Option (CZO Sections 250 - 253), under which clustering of single-family dwellings is allowed pursuant to a conditional use permit, the legislation applies to the City. For that reason, the City must either: (1) allow single-family dwellings to be clustered as a matter of right; or (2) eliminate the Open Space Promotion Option (such that the 2002 legislation would not apply). · Considerations: The proposed resolution refers to the Planning Commission proposed amendments implementing the second alternative by repealing the Open Space Promotion Option. The repeal of the Open Space Promotion Option would not, however, result in the lack of opportunity to cluster the homes in a development as a means of preserving open space. The same result may be obtained by means of conditional zoning proffers. Rather than filing an application for a conditional use permit under the Open Space Promotion, an applicant wishing to preserve open space by clustering the homes within a development would simply need to file a conditional zoning application and proffer the conditions by which this is to be accomplished, rather then doing so under a conditional use permit. By not allowing clustering as a matter of right, and instead using conditional zoning as a tool for maintaining control over the clustering of homes within a development, the City will retain a much higher degree of control over the result than it could by allowing it as a matter of right · Public Information: The amendments themselves would be the subject of advertised public hearings before both the Planning Commission and the City Council. The Resolution requires no special form of advertising. · Alternatives: As explained above, if the City retains the Open Space Promotion Option, it would have to allow clustering of single-family dwellings as a matter of right, thereby losing a great degree of control over the finished product. Therefore, if the City Council desires to maintain control over clustering applications, it must repeal the Open Space Promotion Option. · Recommendations: Adoption of Resolution · Attachments: Proposed City Zoning Ordinance Amendments Recommended Action: Adoption of Resolution Submitting Departrr)/ent/Agency: C~ty Mana A RESOLUTION REFERRING TO THE PLANNING COMMI S S I ON PROPOSE D AMENDMENTS TO THE CITY ZONING ORDINANCE REPEALING THE OPEN SPACE PROMOTION OPTION WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; NOW, THEREFORE~ BE IT RESOLVED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That there are hereby referred to the Planning Commission, 12 for its consideration and recommendation, proposed amendments to 13 the City Zoning Ordinance repealing Sections 250, 251, 252 and 14 253 thereof, pertaining to the Open Space Promotion Option. 15 Adopted by the City Council of the City of Virginia Beach 16 on this day of , 2004. CA-9103 Wmm\openspacepromooptionres. doc R-1 February 12, 2004 APPROVED AS TO CONTENT: p1 anni~epa r~t°m/e~n't~ APPROVED AS TO LEGAL SUFFICI~ENCY- City AttOrney`' s O~ice AN ORDINANCE TO REPEAL THE CITY ZONING ORDINANCE PROVISIONS PERTAINING TO THE OPEN SPACE PROMOTION OPTION Sections Amended: City Zoning Ordinance 250, 251, 252, AND 253 OF THE CZO 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA' 11 That Sections 250, 251, 252, and 253 of the of the City 12 Zoning Ordinance are hereby repealed as follows- 13 E ~.. ~~ ~~m~., ~mv~, Reserved · v~ 18 allowing under appropr4~+~ ~4r~,.m~t ......... o ~ , ~n~..~ ......of 19 ?~ ~+i~] 20 n ~+-~"-Iot ~+~q .: ~ r~ q ~ ~ .... t ls thc .... 2 rco~ct ..... . ~,, v~,,~" ~ ...... advantagco, 22 +~ ..... ~ lot ~ ~ ~ cmpa .... d a plan showing 28 (2) .~+~ .... ~ ~ .... 4 .... ~ t~ tra~+ 30 stru(2turcs. 31 32 spaces. 33 ~ ~on of proposed lot~ and 34 35 36 plan. 37 ~*' ~^ ~^~^ ph} significant lng .... ~gra ,, acccss, 38 39 usc f^~+ 4O spa 49 cmpanying ~^^ +" +~ .... ~~ If +~ .... ~i~+i~ ~ ...... + 51 +~ ~~ ..... ~ ........ ~+~ .... ~ +~ ~+~* agcncic~ t the 61 ~ ,.,4q ~ .................................. 67 location 7 3 of thc 74 natu-~_~ ~f 75 fac 76 a recreational 78 79 80 81 82 83 84 85 88 .................... ~ .... .... ,.,_ ...... , and ~cnora~ .... 94 amc ........... 96 98 L · ,L, A J. '~. A L ..L. A .L ..L. ,& L L I.,LJ. L L Q.,4. dl., %,... ~,..4 '*...,. '~/ 100 (on~ .... 102 103 104 106 ""~ .... ~'-'~I ~ ~n ass~ancc of 108 109 110 croct ~ zubst~+~ ~ ...... +~ ~'~ s+ .... + ....... thor 111 112 113 114 115 116 117 118 119 120 121 owncr .... ~ .... assumption of all ~-+^~ 122 =~ ........... cs to such~gent, provided 123 124 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 .... ~+" ~^~ *~ .... ~ sh 11 be i ^~ m~ ...... ~ vd cct a $s'd~~rc avail~^ fa .... by +~^ ~4~ .... r ..... re$~ ..... acrcagc as open-r'---^--, c ...... r~.~ ,..,,..,.,...,..t~ and parking areas. All relatcd us ...... cpcn ~ .......... part of a through+h~ open sp COMMENT In 2002, the General Assembly enacted amendments to the Virginia Code that require localities allowing clustering of single-family dwellings pursuant to a conditional use permit to amend their zoning ordinance or subdivision regulations by July 1, 2004 so as to allow clustering as a matter of right as well as by conditional use permit. Because the City Zoning Ordinance contains the Open Space Promotion Option (CZO Sections 250 - 253), under which clustering of single-family dwellings is allowed pursuant to a conditional use permit, the legislation applies to the City. For that reason, the 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 City must either: (1) allow single-family dwellings to be clustered as a matter of right; or (2) eliminate the Open Space Promotion Option (such that the 2002 legislation would not apply). The proposed amendments implement the second alternative by repealing the Open Space Promotion Option. The repeal of the Open Space Promotion Option does not, however, result in the lack of opportunity to cluster the homes in a development as a means of preserving open space. The same result may be obtained by means of conditional zoning proffers. Rather than filing an application for a conditional use permit under the Open Space Promotion, an applicant wishing to preserve open space by clustering the homes within a development would simply need to f'de a conditional zoning application and proffer the conditions by which this is to be accomplished, rather then doing so under a conditional use permit. By not allowing clustering as a matter of right, and instead using conditional zoning as a tool for maintaining control over the clustering of homes within a development, the City will retain a much higher degree of control over the result than it could by allowing it as a matter of right. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2004. CA-9102 Wmmkopenspacepromoordin. doc Rll February 12, 2004 APPROVED AS TO CONTENTS: Planning ~artment APPROVED AS TO LEGAL City A~'t~rney's Office II II I I II II I L. PLANNING Applications of KENNETH A. HALL to expand their property at 3500 Holland Road. (DISTRICT 3 - ROSE HALL) ao Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community Business District b. Conditional Use Permit for motor vehicle sales and service Virginia Beach City Council February 24, 2004 6:00 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Vice Mayor R. Jones Harry E. Diezel Margaret L. Eure Reba S. McClanan Richard Maddox Jim Reeve Peter W. Schmidt Ron Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 Kempsville - District 2 Centerville District 1 Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - District $ CITY MANAGER: CITY ATTORNEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Planning Application of Kenneth A. Hall February 24, 2004 FORMAL SESSION MAYOR OBERNDORF: Ladies and gentleman, there was almost a miracle. We just talked about Mr. Jones and we hope he has a quick recovery. And, ask and you shall receive. VICE MAYOR JONES: It's amazing what amoxicillin will do. MAYOR OBERNDORF: We're delighted to have you. And, because of his return, we'll be able to have him go over and see if we can agree on the Consent Agenda. Then, move into the lengthier items. COUNCIL LADY McCLANAN:: Madam Mayor, if I may, there was a lady who was in opposition to Item 6 who I told not to come, because the Agenda was so long and if the Council would -- and I apologize to Mr. Garrington. I thought the City had taken care of what was brought up at the Planning Commission. I found out about this this weekend that it had not been taken care of, so I think if you-all will be agreeable to deferring it for just one week, then, hopefully we can get it back on the Agenda next week. I would appreciate it. VICE MAYOR JONES: Is that L-6 you say? COUNCIL LADY McCLANAN: Yes, it is. And I apologize to both Mr. Hall and Mr. Garrington. VICE M3%YOR JONES: Is there anybody here in opposition to the Application of Kenneth A. Hall February 24, 2004 at 3500 Holland Road? COUNCIL LADY McCLANAN: Next week is fine. MAYOR OBERNDORF: She just wants a one-week deferral. COUNCIL LADY McCLANAN: Thank you very much. VICE MAYOR JONES: So moved, Madam Mayor. MAYOR OBERNDORF: Wait. Forgive me, but Number 6 we were going to defer one week. VICE MAYOR JONES: Included in that motion will be consent to defer for one week Item L-6, which is the Application of Kenneth A. Hall to expand their property at 3500 Holland Road in the Rose Hall District. MAYOR OBERNDORF: Okay. There is a motion. Is there a second? COUNCII/4AN SCHMIDT: Second. MAYOR OBERNDORF: Are we ready for the question? CITY CLERK: Vice Mayor. By a vote of 10 to 0 you have approved the items on the Consent Agenda as read by the M~ G-8 Ma Not to Scale Kenneth A. Hall ei CUP Motor Vehicle Sales & Service Zoning Change - from I-1 to B-2 I# DATE I REQUEST 1 2-27-01 4-13-99 11-25- 85 2 1-9-96 3 6-10-03 11-13- 01 10-12- 99 10-13- 98 4 9-26-77 5-6-65 Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Bulk Storage) Conditional Use Permit (Church- Expansion) Conditional Use Permit (Church) Conditional Use Permit (Church) Conditional Use Permit (Church) Rezoning (A-1 Apartment to I-1 Light Industrial) Conditional Use Permit (Multiple-family dwellings) ACTION Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Kenneth A. Hall - Change of Zoning District Classification (I-1 Light Industrial District to B-2 Community Business District); Conditional Use Permit (motor vehicle sales and service) MEETING DATE: March 2, 2004 · Background: An Ordinance upon Application of Kenneth A. Hall for a Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community Business District on property located at 3500 Holland Road. The Comprehensive Plan identifies this site as being within the Primary Residential Area. (GPINS 14867355190000; 14867337890000). DISTRICT 3- ROSE HALL An Ordinance upon ,Application of Kenneth A. Hall for a Conditional Use Permit for motor vehicle sales and service on property located at 3500 Holland Road (GPINS 14867355190000; 14867337890000). DISTRICT 3-ROSE HALL The application was heard at the February 24, 2004 City Council meeting and deferred for one week to the March 2, 2004 meeting. Considerations: The applicant proposes to rezone a portion of the site from I-1 Light Industrial district to B-2 Community Business district and obtain a Conditional Use Permit for Motor Vehicle Sales and Service. This will be an expansion to the existing Hall Acura located south of the site, and will be used for vehicle display. This parcel was recently subdivided out of the parcel to the southwest, which currently is used for an AutoZone store. The submitted preliminary site plan depicts 73 parking spaces, a sub-surface stormwater management facility and landscaping. A thirty-foot ingress / egress easement exists from Holland Road to the site. The Planning Commission placed the items on the consent agenda because it is an appropriate use for the site and is the expansion of an existing dealership. Staff recommended approval. There was no opposition to the requests. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the requests with the following conditions: Kenneth A. Hall Page 2 of 3 . The site shall be developed substantially in accordance with the submitted preliminary site plan titled "Proposed Additional Vehicle Inventory Parking for Hall Mitsubishi of Virginia Beach", prepared by John E. Sirine and Associates, Ltd., and dated 9/15/03. Said plan has been exhibited to the City Council of the City of Virginia Beach, and is on file in the City of Virginia Beach Planning Department. . A solid wooden fence shall be installed along the inside border of the required 15-foot landscape buffer between this use and the adjacent residential areas. Category VI screening shall be installed within the buffer area. 3. The applicant shall submit a site lighting plan with the site plan for review by Staff. All lighting fixtures shall be designed to prevent any direct reflection and / or glare toward adjacent uses and City streets. Lighting shall be directed at the ground and not out horizontally or toward the sky. Outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No outdoor loudspeaker paging system shall be permitted. 5. There shall be no parking of vehicles within the 30-foot ingress / egress easement that runs from Holland Road to the boundary of the subject site with the adjoining property to the southwest. 6. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. 7. Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme/~t/Agency: Planning Department · · C~ty Manag G09-213-CUP-2003 KENNETH A. HALL Agenda Items # 16 & # 17 January 14, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: LOCATION: (16) Chanqe of Zoninq District Classification from I-1 Light Industrial District to B-2 Community Business District (17) Conditional Use Permit for Motor Vehicle Sales and Service Property located at 3500 Holland Road M~ G-8 M~ Nos so CUP Motor Vehicle Sales & ~ice Zonin~ Chanse - from I-1 to B-2 Kenneth A. Hall GPIN' COUNCIL ~,m! 14867355190000; 14867337890000 KENNETH A. HALL Agenda Items # 16 & # 17 Page I ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 3- ROSE HALL 37,632 square feet Undeveloped parcel North: South: East: West: · Multiple-family dwellings and townhouses / A-12 and A-18 Apartment districts · Auto Zone retail store and Holland Road / B-2 Business and I-1 Industrial · Across Holland Road is Lowes and a retail strip center / B-2 Business · Motor Vehicle Sales and Service / B-2 Business · Retail strip center and multiple-family dwellings / B- 2 Business and A-18 Apartment There are no significant natural resources or known cultural features on the site. The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. The applicant proposes to rezone a portion of the site from I-1 Light Industrial district to B-2 Community Business district and obtain a Conditional Use Permit for Motor Vehicle Sales and Service. This will be an expansion to the existing Hall Acura located south of the site, and will be used for vehicle display. This parcel was recently subdivided out of the Auto Zone site, located southwest of the site. The submitted preliminary site plan depicts 73 parking spaces, a sub-surface storm water management facility and landscaping. A thirty-foot ingress / egress easement exists from Holland Road to the site. KENNETH A. HALL Agenda Items # 16 &#..1.7 Page 2 1 SITE ! Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibility with the existing uses surrounding the site. · Consistency with the recommendations of the Comprehensive Plan Map for the area. KENNETH A. HALL Agenda Items # 16 & #. 17 Page 3 The Comprehensive Plan Map recommends this area for retail, service, office and other compatible uses within commercial centers serving surrounding neighborhoods and communities. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The proposed Rezoning and Conditional Use Permit requests for Motor Vehicle Sales and Service are compatible with the surrounding uses, provided adequate buffering is provided adjacent to the residential areas. (2) The proposed Rezoning and Conditional Use Permit requests for Motor Vehicle Sales and Service are consistent with the recommendations of the Comprehensive Plan Map designation for the immediate area. Staff, therefore, recommends approval of this request with the following conditions as part of the Conditional Use Permit. Conditions 1. The site shall be developed substantially in accordance with the submitted preliminary site plan titled "Proposed Additional Vehicle Inventory Parking for Hall Mitsubishi of Virginia Beach", prepared by John E. Sirine and Associates, Ltd., and dated 9/15/03. Said plan has been exhibited to the City Council of the City of Virginia Beach, and is on file in the City of Virginia Beach Planning Department. KENNETH A. HALL Agenda Items # 16 & ::.# .17 Page 4 , A solid wooden fence shall be installed along the inside border of the required 15-foot landscape buffer between this use and the adjacent residential areas. Category VI screening shall be installed within the buffer area. 3. The applicant shall submit a site lighting plan with the site plan for review by Staff. All lighting fixtures shall be designed to prevent any direct reflection and / or glare toward adjacent uses and City streets. Lighting shall be directed at the ground and not out horizontally or toward the sky. Outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. No outdoor loudspeaker paging system shall be permitted. 5. There shall be no parking of vehicles within the 30-foot ingress / egress easement that runs from Holland Road to the boundary of the subject site with the adjoining property to the southwest. 6. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site or the vehicles. . Vehicles shall be parked within the designated areas, and no vehicles shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be used as barriers to prevent ingress or egress of the site. Storage of vehicles awaiting sale shall not obstruct Fire Department access to the site. 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. KENNETH A. HALL Agenda Items # 16 &#..17 Page 5 Map G-8 No'c to Scale Zoning History Kenneth ,4. Hall % % % -2 % Bw CUP Motor Vehicle Sales & Service Zoning Change - from I-1 to B-2 ¢/:J DATE J REQUEST J ACTION 2-27-01 4-13-99 11-25- 85 1-9-96 6-10-03 11-13- 01 Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Motor Vehicle Sales and Service) Conditional Use Permit (Bulk Storage) Conditional Use Permit (Church- Expansion) Conditional Use Permit (Church) Approved Approved Approved Approved Approved Approved KENNETH A. HALL Agenda Items # 16 &.#. 1.7 Page6 4 10-12- 99 10-13- 98 9-26-77 5-6-65 Conditional Use Permit (Church) Conditional Use Permit (Church) Rezoning (A-1 Apartment to I-1 Light Industrial) Conditional Use Permit (Multiple-family dwellings) Approved Approved Approved Approved Public A.qency Comments Public Works Master Transportation Plan (MTP): Holland Road in front of this site is a four-lane divided urban arterial. It is shown on the Master Transportation Plan as a divided 100-foot right-of-way. The Holland Road Phase VII Capital Improvement Project, CIP 2- 008, will improve this section of Holland Road to a six- lane divided road with a 130-foot width. The proposed improvements currently are not funded. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z Holland Road 32,587 27,400- - 11 ADT ~ 31,700 ADT 1 Proposed Land Use 3_ 1,300 ~ Average Daily Trips 2 as defined by existing I.-1 Industrial property ~ as defined by Motor Vehicle Sales and Service Pubfic Utilities Water: There is a 16-inch City water main in Holland Road, and an eight- inch City' water main in Diana Lee Drive. The site is connected to City water. ISewer: There is an eight-inch gravity sanitary sewer main in Diana Lee Drive. The site is connected to City sewer. KENNETH A. HALL Agenda Items # 16 & #...17 · Page 7 Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Security for ingress and egress must be approved by the Fire Marshal so that Fire Department access is not obstructed. Vehicles must not be uses as barriers to prevent ingress or egress to the site. KENNETH A. HALL Agenda Items # 16 &Cf 1.7. Page 8 Exhibits , 2: Exhibit A Aerial of Site Location KENNETH A. HALL Agenda Items # 16 & #..17 :Page 9 DtANA LEE (~mmy~ DRIVE Exhibit B Proposed Site Plan · . KENNETH A. HALL Agenda Items # 16 &.# 17 P age:10 NOIJ~VDI~d~ 9NINOZ~{}I Exhibit C Disclosure Statement NOIJ~VDl~Idd~ 9NINOZ~ KENNETH A. HALL Agenda Items # 16 & #.. 17 Page. 11 Item #16 & 17 Kenneth A. Hall Change of Zoning District Classification Conditional Use Permit 3500 Holland Road District 3 Rose Hall January 14, 2004 CONSENT Dorothy Wood: Our last two consent items are Items # 16 & 17, an application of Kenneth Hall. Item # 16 is an Ordinance upon Application of Kenneth Hall for a Change of Zoning District Classification from I-1 Light Industrial to B-2 Community Business, and Item #17 is an application of Mr. Hall, a Conditional Use Permit for motor vehicle sales and service on property located at 3500 Holland Road. These are in the Rose Hall District with seven conditions. Billy Garrington: Thank you very much. Ladies and gentlemen of the Planning Commission, for the record, Billy Garrington here on behalf of the applicant Mr. Kenneth Hall, who as you all know, is the owner of Hall Auto World here in Virginia Beach. There are seven conditions attached to this request. We are in agreement with all seven. Dorothy Wood: Is there any opposition to Item # 16 & 17 application for Kenneth Hall? Hearing none. Joe, would you please tell us about this one. Joseph Strange: Sure Dot. The applicant proposes to rezone a portion of the site from I-1 Light Industrial to B-2 Community Business District and to obtain a Conditional Use Permit for motor vehicle sales and service. Since this is only going to be an expansion of the existing Hall Acura located south of the site, it will be used strictly for vehicle display. We don't find any problem with this as far as how it relates to the Comprehensive Plan that we've just drawn up. And, we don't see where it is incompatible with any existing uses surrounding the site so therefore we're recommending it for consent. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve these items on the consent agenda, Items # 16 & 17 with seven conditions. Ronald Ripley: We have a motion to approve these consent agenda items. Do we have a second? William Din: Second. Ronald Ripley: Seconded by Will Din. We're ready to vote. Item # 16 & 17 Kenneth A. Hall Page 2 AYE 9 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 9-0, these consent agenda items pass. M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a)Plutnbin~echanical (b)Building Maintenance COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAl. REVIEW BOAKD MINIORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PLANNING COUNCIL PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TIDEWATER REGIONAL GROUP HOME COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT