SEPTEMBER 14, 2004 AGENDA
/I
II
II
II
I
I
I CITY COUNCIL
I
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MA YOR MEYERA E. OBERNDORF, ."-LA,.,
VICE M,' >OR LOUIS R. JONES, Bay"d, - Di",i,,'
HARRY E. DlEZEL K,mp"i'" - Diwi" 2
:g:;~T:;'C~;~~^C';~:~~::"-'~~~;~;'¡J
RICH.'RDA MADDor &a,h D,.""",
J/MRE£"E. P,wm-"""-Di"",, ,
PETER W. SCHMIDT A'.L""
RON.4. >7LLANU£>A, ."-La,.,
ROSEMARY WILSON A'-Ld'"
JAMES L WOOD, Ly""ha"" -Duni" 5
CITY COUNCIL AGENDA
cm M",-'GE" . JAMES K SPORE
CITY ATTORNEY - LESLIE L LILLEY
CITY CLERK - RUTH HODGES SMITH. MMC
14 September 2004
I.
CITY COUNCIL BRIEFING
Conference Room -
A. KING 1'.'EPTUNE STATUE
Nancy A. Creech, President, Neptune Festival
II.
CITY MANAGER'S BRIEFING
A. TREE REMOVAL ORDINANCE
Wade KyJe, Waste Management Administrator
III.
CITY COUNCIL COMMENTS
[v.
REVIEW OF AGENDA ITEMS
v.
INFORMAL SESSION
- Conference Room-
3:00 PM
A.
CALL TO ORDER - Mayor Meyera E- Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COUKTHOUSE DRIVE
VIRGINiA BEACH ViRGiNiA 23456-8005
PHOHEo(757¡ 427-4303
FAX/7m 416-5669
E- MAiL.- C~'c"cI@>bgo>,com
1:30 PM
VI.
FORMAL SESSION
6:00 PM I
I
A
CALL TO ORDER - Mayor Meyera E. Obemdorf
B
INVOCATION:
Dr. Stanley Sa"-yer. Pastor
All Saints Episcopal 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
I. INFORMAL AND FORMAL SESSIONS
September 7, 2004
G.
AGENDA FOR FORMAL SESSION
H.
CONSENT AGENDA
1.
RESOL UTIONS/ORDINANCES
I. Reso]utions re design and right-of-way acquisition of Princess Anne Road projects:
a.
Phase IV Dam Neck Road to Nimno Parkway
b.
Phase V Holland Road to Genera! Booth Boulevard.
2. Resolution to increase the membership of the HISTORICAL REVIEW BOARD from six
(6) to seven (7) members. (Requested by Council Lady Wilson)
3. Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the
adjournment on non-agenda items. Each speaker will be allowed three (3) minutes and the
number of speakers wi]! be limited to ten (10). This new policy wi1\ be effective the first
meeting in October and each first meeting of the month thereafter for a trial period of six (6)
months. and this comment oeriod will not be teJevised-
4. Ordinance re the L YNNHA VEN RIVER ENVIRONMENTAL RESTORA nON STUDY:
a. ESTABLISH a capital project
b. APPROPRIATE $450,000 from Stonnwater Management Utility Enterprise fund
c,
AUTHORIZE cost share agreement with U,S. ARMY CORPS of ENGINEERS
5. Ordinance to AUTHORIZE a temporary encroachmem for CHARLIE and CINDY
PINCUS to construct and maintain a fence in the City's right-of-way at 62] BushnelJ Circle
(DISTRICT 5 L YNNHA VEN)
6. Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland
Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team
members who provided security at the Democratic and Republican National Conventions.
1.
PLANNING
1.
Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires alJ newly
created lots meet alJ the requirements of the City Zoning Ordinance (CZO) for
RICHARD RIGGS to exclude floodplain areas subject to special restrictions from
counting towards minimum lot area and width requirements.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
Staff
Planning Commission
DENIAL
APPROV AI.
2.
Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a
church (expansion) at 2221 CentervilJe Turnpike
(DISTRICT I - CENTERVILLE)
Recommendation:
APPROV AL
3.
Applications of HERTZ LOCAL EDITION for Conditional Use Permits:
a.
Motor vehicle rentals at 3205 Virginia Beach Boulevard
(DISTRICT 3 - ROSE HALL)
b.
Motor vehicle rentals at 5476 Virginia Beach Boulevard
(DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVE BOTH
4.
5.
6.
AppJication of JONATHAN R. KING for Conditional Use Permit re a home occupation
(firearm sales) at 224 Gatewood Avenue
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
Application of THOMAS RITCHIE, FINE EDGE LAWN & LAND, INc. for
Conditional Use Permit re bulk storage at 400 First Colonial Road
(DISTRICT 6 - BEACH)
Recommendation:
APPROV AL
App1ication of VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the
Disabled at West Neck Road and North Landing Road
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROV AL
7-
Application of DR. JOHNNY'S APPLIANCES for a Modification of Prot(ers for a
Conditiona! Change of Zoning from AG-2 Agricultural District to Conditional B-2
Community Business District (approved by City Council on January 25, 1994), (Harold
Dean flora, Sf. & Mary Ellen Flora) for a sign at ] 941 General Booth Boulevard
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
8.
Application of ESI PROPERTIES II, L.L.c. and KAMAREK PROPERTY II,
L.L.c.for a Modification of Profers re a Conditional Change of Zoning from 0-2
Office District to I-] Light Industrial District (approved by City Council on July 9,
1996), (Electroruc Systems, Inc.) re a reduction in square footage at Expressway Drive
and Edwin Drive
(DISTRJCT 3 - ROSE HALL)
Recommendation:
APPROVAL
9.
Application of WOMACK CHAPPELL, loloc. flkJaLinda T. Chappell for a Modifìcarioll
ofCollditions re Conditional Change of Zoning ITom AG-l Agricu!tural District to I-I
Li¡P¡t Industria! District (approved by City Council on May !4, 2002). (Linda T. ChappeU)re
the side yard setback up to London Bridge Road at 2599 Dam Neck Road
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
K.
APPOINTMENTS
BICYCLE and TRAJLS ADVISORY COMMITTEE
HISTORICAL REVIEW BOARD
MINORITY BUSINESS BOARD
PUBLIC LffiRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
N.
ADJOURNMENT
"" " * " " " " " *
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: TOO only 427-4305
(TDD - Telephonic Device for the Deaf)
"*******"**
Agenda 09/14J\)4IBUI
www.vbgnv.corn
L
CITY COUNCIL BRIEFING
Conference Room -
1:30PM
A. KING NEPTUNE STATUE
Nancy A. Creech, President, Neptune Festival
II.
CITY MANAGER'S BRIEFING
A. TREE REMOVAL ORDINANCE
Wade Kyle, Waste Management Administrator
ill.
CITY COUNCIL COMMENTS
[Y. REVIEW OF AGENDA ITEMS
v
INFORMAL SESSION
- Conference Room -
3:00 PM I
I
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VJ. FORMAL SESSION
A.
B.
c.
D.
E.
F.
G,
H.
6:00 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION:
Dr. Stanley Sawyer. Pastor
All Saints Episcopa! Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
!. INFORMAL AND FORMAL SESSIONS
September 7, 2004
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
L
RESO L UTIONS/ORDIN ANCES
1- Resolutions re design and right-of-way acquisition of Princess Anne Road projects:
a.
Phase IV Dam Neck Road to Nirnno Parkway
b,
Phase V Holland Road to General Booth Boulevard.
2, Resolution to increase the membership of the HISTORICAL REVIEW BOARD
from six (6) to seven (7) members. (Requested by Council Lady WiJson)
3- Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the
adjournment on non-agenda items. Each speaker wi]] be alJowed three (3) minutes and the
number of speakers wilJ be limited to ten (10). This new policy wilJ be effective the first
meeting in October and each first meeting of the month thereafter for a tria] period of six (6)
months, and this comment period will not be televised.
4. Ordinance re the LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY:
a- ESTABLISH a capital project
b, APPROPRIATE $450,000 from Stormwater Management Utility Enterprise Fund re
c.
AUTHORIZE cost share agreement with U.S. ARMY CORPS of ENGINEERS
5. Ordinance to AUTHORIZE a temporary encroachment for CHARLIE and CINDY PINCUS to
construct and maintain a fence in the City's right-of-way at 621 Bushnell Circle
(DISTRICT 5 L YNNHA YEN)
6. Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland
Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members
who provided security at the Democratic and Republican National Conventions.
';.::~.:':Z!i'
:'W~W
\;::?-:::¿~~j
"
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
Resolution to Endorse the Major Design Features and Authorize
Right-of-Way Acquisition for Princess Anne Road Phase IV (CIP#
2-305).
MEETING DATE:
September 14, 2004
. Background: The purpose of this project is to design and construct a four-lane
divided roadway from Dam Neck Road to the proposed Nimmo Parkway. The Location
Corridor Study for this project was completed in August 1999. The recommended
alignment from the Corridor Study was adopted by City Council (July 2000) and the
Commonwealth Transportation Board.
A Design Public Hearing was held on September 10,2003 to update citizens on the
traffic and environmental studies and to receive comments on the major design features
of the roadway. There were approximately 202 citizens in attendance. A total of 51
comment sheets were received following the meeting. Of those who responded, an
overwhelming majority indicated that the widening of Princess Anne Road and the
addition of Nimmo Parkway were necessary improvements to the City's arterial system.
There were several questions and concerns raised about noise reduction for the project.
The use of soundwalls and berms have been incorporated to address this issue. Most
of the questions pertaining to noise reduction were related to the Virginia Department of
Transportation's (VDOT) approval process for soundwalls-
. Considerations: Funding for right-of-way acquisition is allocated for 2005 and a
resolution must be approved by City Council before the Virginia Department of
Transportation (VDOT) can proceed with the acquisition phase. The resolution includes
approval of the major design features as well as the authorization to begin right-of-way
acquisition.
. Alternatives: If the resolution is denied, VDOT will be unable to begin right-of-way
acquisition and the project will be delayed.
. Recommendations: Approve the major design features as well as authorize right-
of-way acquisition in order to keep this project on schedule-
. Attachments: Resolution, Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works/Engineering
City Manager:~ K ,ÖBISY"l.
2
A RESOLUTION FOR APPROV AL OF THE
DESIGN AND THE DESIGN PUBLIC HEARING
FOR PRINCESS ANNE ROAD PHASE N
PROJECT (ClP#2-305)
5
6
WHERAS. a Design Public Hearing was conducted on September 10, 2003. ("Public
Hearing") in the City of Virginia Beach by representatives of the Virginia Department of
9
Transportation after due and proper notice for the purposes of considering the proposed design of
10
Princess Anne Road Phase N-ClP # 2-305 (VDOT Project # 0615-134-V05, RWIOI, C501) (the
11
"Project"), in the City of Virginia Beach, at which time drawings and other pertinent information
12
were made available for pubJic inspection in accordance with state and federa] requirements;
13
WHEREAS, all persons and parties in attendance were afforded full opportunity to
14
participate in said Public Hearing;
15
WHEREAS. representatives of the City of Virginia Beach were present and participated in
16
said Public Hearing;
17
WHEREAS, the City Council had previously requested the Virginia Department of
18
Transportation to program this Project; and
19
WHEREAS, the City Council has considered all such matters.
20
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21
VIRGINIA BEACH, VIRGINIA:
22
I. The major design features of Princess Anne Road Phase N, ClP 2-305 (VDOT Project #
23
061 5-1 34-VOS, RWIOI) as presented at the Public Hearing conducted on September 10,
24
2003, and which are set forth on the Location Map attached hereto, are hereby approved-
25
2. The Virginia Department of Transportation is hereby requested to acquire all rights-of-way
26
necessary for this Project, and to convey said rights-of-way to the City at the appropriate
27
time.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
3. The Director of Public Works is hereby authorized to execute on behalf of the City of
Virginia Beach, all the necessary utility agreements required in conjunction with acquiring
such rights-of-way-
Adopted by the Counci! of the City of Virginia Beach, Virginia. on the - day of
.2004.
PREPARED: 08/26/04
CA-9259
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
48
49
/ltf., - {Yu C{I;
City Attorney's Office "
,1,
/,
I
I
LaND I
ON BRIDGE I
RD.
'\ - , ' 0'
/'!, // } - A¥\ N, ECK RD.
r~\
/ ,'I '\
, ,/ ' \ '/¡-é'-S-
,----/ ,~~/. "A
'1>- .-' ' "<tc. (,'
>?J'. / \Q::o( , ",,1: (' f- ",
/ ,~~ / "'(,1'. ',\,1'. " , "
',OA- ""Q'O^ '~,~ 1,/,
',\.:>' / ~o. / \7': --'----'-.(,
,,1',:, I". v~ "'-, , '\\) ~/',
"", .I '" Á/~( Ì"----.'\ ,/'-.,(~ ~, 'f'~'
~', ~~/,/'^--- /c:::.)~'¡;Jj \;~y ,-' t- '\" '"
" ~ / ----. ~I ,~Y y \ l.y.. X
"'.;;'<vc;; // " (" '¡.-----\ \ \: "V- " . '
'<"/ ,'" " )< y-¡-, '\,
,~~~/ -?-~Y~5--/ --j \~, ~ ~ \ CYÝ Ji
, '" ,I I \ ',~ '~v f' )
-> v',' --~' ""//-"'" ,
í~ ~ y\~--.,{ -(~\ ~V-;;~\ J
'\\/~j '-, '~ ?--r--.,...." \ L.C ¡Y II
"I' ! / / : \---- ---.J ~I \
L---L-1 '¡ I ~/ \ \,
{ (" ,
I I ~--1
I /"\ () ,~
r ~"r'
t-'( ,f' ,}', 1;;(/
'" r --¡--- , ' \
-\ ,) 1/'
/.-{ ~ \ /
, ,/-1' /'yo
'-,/' , /- )
'\ ) /.. /
/ /,
)--f',;/
'- '
-~'\
A~1I
Vé'-S-.r
4-0/11
~-9,
Z!
'\
\
VIRGINIA BEACH
TPC GOLF COURSE
VIRGINIA
MUNICIPAL
\
\
\
vP \
\ '< ,(v \
\ eX" v ~\ '\
, ~\n
PRINCESS ANNE ROAD -
I,\~
1~c.I.P. 2-305
çSCALE: 1" = 1600'
W-:íI\ ~ \ ~~
:::::.-J \ \ \ ~
, I \
~Q.
--"",>¡I.G \
\..,þ-"'" \
'¡;I.O~-<'>(, \\
\
\
\
PHASE IV\
\
\
\
\
\
j
.......... ft Pl'l ....~. 00/1>1<" .."'.....
;~:1:,
\~I~lÞ
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution to Endorse the Major Design Features and Authorize
Right-of-Way Acquisition for Nimmo Parkway Phase V (CIP#
2-121).
MEETING DATE:
September 14, 2004
. Background: The purpose of this project is to design and construct a newly aligned
four-lane divided roadway from Holland Road to General Booth Boulevard. The
Location Corridor Study for this project was completed in August 1999. The
recommended alignment from the Corridor Study was adopted by City Council (July
2000) and the Commonwealth Transportation Board.
A Design Public Hearing was held on September 10, 2003 to update citizens on the
traffic and environmental studies and to receive comments on the major design features
of the roadway. There were approximately 202 citizens in attendance. A total of 51
comment sheets were received following the meeting. Ot those who responded, an
overwhelming majority indicated that the widening of Princess Anne Road and the
addition of Nimmo Parkway were necessary improvements to the City's arterial system.
There were several questions and concerns raised about noise reduction for the project.
The use of soundwalls and berms have been incorporated to address this issue. Most
of the questions pertaining to noise reduction were related to the Virginia Department of
Transportation's (VDOT) approval process for soundwalls.
. Considerations: Funding for right-of-way acquisition is allocated for 2005 and a
resolution must be approved by City Council before the Virginia Department of
Transportation (VDOT) can proceed with the acquisition phase. The resolution includes
approval of the major design features as well as the authorization to begin right-at-way
acquisition.
. Alternatives: If the resolution is denied, VDOT will be unable to begin right-of-way
acquisition and the project will be delayed-
. Recommendations: Approve the major design features as well as authorize right-
of-way acquisition in order to keep this project on schedule-
. Attachments: Resolution, Location Map
Recommended Action: Approval
Submitting Department/Agency: Public workS/Eng¡neer¡n't{
City Manager~ ~ ~~
2
A RESOLUTION FOR APPROVAL OF THE
DESIGN AND THE DESIGN PUBLIC HEARING
FOR I','IMMO P ARKW A Y PHASE V PROJECT
(CIP#2-121)
WHERAS, a Design Public Hearing was conducted on September 10, 2003, ("Public
Hearing") in the City of Virginia Beach by representatives of the Virginia Department of
Transportation after due and proper notice for the purposes of considering the proposed design of
10
Nimmo Parkway Phase V-CIP # 2-121 (VDOT Project # 0615-134-108, RW201, C501), (the
11
"Project"), in the City of Virginia Beach, at which time drawings and other pertinent information
12
were made available for public inspection in accordance with state and federal requirements;
13
WHEREAS, a]] persons and parties in attendance were afforded fu]] opportunity to
14
participate in said Public Hearing;
15
WHEREAS, representatives of the City of Virginia Beach were present and participated in
16
said Public Hearing;
17
WHEREAS, the City Council had previously requested the Virginia Department of
18
Transportation to program this Project: and
19
WHEREAS, the City Council has considered all such matters-
20
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21
VIRGINIA BEACH, VIRGINIA:
22
l. The major design features of Nimmo Parkway Phase V, CIP # 2-121 (VDOTProject# 0615-
23
134-108, RW201, C501) as presented at the Public Hearing conducted on September 10,
24
2003, and which are set forth on the Location Map attached hereto, are hereby approved-
25
2- The Virginia Department of Transportation is hereby requested to acquire an rights-of-way
26
necessary for this Project, and to convey said rights-of-way to the City at the appropriate
27
time.
22
2,
3C
21
32
33
34
00
36
37
38
39
40
4,
42
43
44
3. The Director of Public Works is hereby authorized to execute on behalf of the City of
Virginia Beach, all the necessary utility agreements required in conjunction with acquiring
such rights-of-way.
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of
,2004-
PREPARED: 08/26/04
CA-9258
APPROVED AS TO CONTENT
45
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
46
n
IlJL rM ~
City Attorney's Office \
48
49
,,~fi?,
"','7-1~W.
\{~~~!J!
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Increasing the Membership of the Historical Review Board
MEETING DATE: September 14, 2004
.
Background: The Historical Review Board currently has six members.
Increasing the membership to seven will allow for increased community
representation and also will decrease the likelihood of tie votes.
.
Public Information: Public information will be handled through the normal
agenda process.
.
Recommendations: Adoption.
.
Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Requested by Council member Rosemary Wilson
City Manager:
2
3
4
5
REQUESTED BY COUNCILMEMBER ROSEMARY WILSON
A RESOLUTION INCREASING THE MEMBERSHIP OF THE
HISTORICAL REVIEW BOARD
6
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
7
That the Historical Review Board shall have seven members.
Adopted by the Council of the City of Virginia Beach. Virginia, on the - day of
September, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~v-
City Attorney's Office
CA-9373
September 8, 2004
R-1
H :\P &A \G G\Ord Res\OldBeachCom m ittee.doc
,.'Æ"~¡,
"}<~l::::"î, ,"
\~\ffJJt
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance Approving and Adopting a Revised Policy
Pertaining to Time Limits for Speakers at City Council
Meetings
MEETING DATE: September 14, 2004
.
Background:
On March 11, 2003, City Council adopted a policy entitled, "Time Limits for
Speakers at City Council Meetings." The policy currently permits public comment
on agenda items only. The attached revision to the policy would allow public
comment on items that are not on City Council's agenda. Public comment on
non-agenda items would be allowed at the end of each formal session and would
not be televised. Speakers would be allowed three minutes each, and up to ten
speakers may register to speak.
.
Considerations:
The revision will be effective for six months from the date of adoption. At the end
of the six month evaluation period, unless City Council re-adopts this revised
policy, the revised policy will expire, and the March 11, 2003 version shall
govern.
.
Public Information:
This ordinance requires no special advertising or other public notice.
.
Attachments:
Ordinance
Revised Policy
Recommended Action: Approval
Submitting Department/Agency: City Manager
CltYManage~ \<... ,~~
1
2
3
4
5
6
AN ORDINANCE APPROVING AND
ADOPTING A REVISED POLICY
PERTAINING TO TIME LMIITS FOR
SPEAKERS AT CITY COUNCIL MEETINGS
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BRACH, VIRGINIA:
9
the
approves
Ci1:y
Council
hereby
and
adopts
the
That
1.
10
policy
at
City
entitled
"Time
Limits
for
Speakers
revised
11
Council Meetings," dated September
which policy has
7 ,
2004,
12
been exhibited to the City Council and a true copy of which is
13
on file in the City Clerk's Office.
14
That this revised policy shall be effective for six months
2.
15
from the date of adoption.
Unless City Council, by ordinance,
16
re-adopts this policy within six months, the previous version of
17
this policy, adopted on March 11, 2003, shall govern thereafter.
Adopted by the City Council of Virginia Beach, Virginia on
this ----- day of September, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~
City Attorney's Office
CA-9364
H:\PA\GG\ORDRES\Speaker LimiéS ORD.doc
R1
August 31, 2004
City Council Policy
Title: Time Limits for Speakers at City Council Meetings Index Number:
Date of Adoption: March 11,2003 I Date of Revision: Page 1 of 2
1.0
Purpose and Need
The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council meetings. The
need for such a policy was determined by the City Council at its retreat on February 18, 2003- The policy is intended
to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value
to the City Councii of public comment, and the need for the City Council to conduct business in an orderly, expeditious
manner.
This policy shali not apply to the discussion of agenda items by members of the City Council during City Councii
meetings or to City Staff members acting in such capacity.
2.0
Time Limits
2.1
Planning Agenda Items
(a) Planning Agenda items inciude rezonings, conditional zonings, conditional use permits, land use plan approvals.
code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for
which a public hearing is required pursuant to Chapter 22 of Titie 15 of the Virginia Code-
(b) The applicant, or representative of the applicant (generally, an attomey, professional engineer or other professional
retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three
minutes for rebuttal if any opponents of the application have spoken.
(1) If there is more than one applicant (as, for example, when both the property owner and proposed
developer are applicants) or if the applicant and representative both desire to speak, only one of them shall
be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide
their time equally, so long as the total time of their initial presentation does not exceed ten minutes.
(2) Speakers addressing the City Councii in a representative capacity shall not be allowed additional time in
which to speak on his or her own behalf.
(c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled
to speak in rebuttal of any opposition comments.
(d) Opponents of an application shall be allowed three minutes each- In the event the opponents are represented by
an attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before
governmentai bodies in a representative capacity, such representative shall be allowed ten minutes. In such cases,
persons represented shall be encouraged not to provide additional comments-
Title: Time Limits for Speakers at City Council Meetings Index Number:
Date of Adoption: March 11, 2003 I Date of Revision: Page 2 of 2
(1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more
than one representative described in subsection (d), only one of them shall be allowed to speak for ten
minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as
the total time of their presentation does not exceed ten minutes.
(e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other
material provided to the City Council during the applicant's rebuttal.
2.2.
Regular Agenda Items
(a) Regular agenda items include all other agenda items at which public comment is allowed.
(e!!) Each speaker, whether or not in a representative capacity, shall be allowed three minutes.
2.3
Comment on Non-Aaenda Items
(a) Time shall be allotted after the conclusion of the first formal session of each month for non-televised eubllc
comments on non-aaenda items.
(b) Each seeaker. whether or not in a reeresentative caeacitv, shall be allowed three (3) minutes,
(c) At each meetlna, ue to ten (10) seeakers may realster to seeak on non-aaenda items. If more than ten seeakers
reQuest an oeeortunity to seeak. only the first ten to realster with the City Clerk shall be allowed to seeak-
(d) The erovislons of this subsection shall exeire after the conclusion of the first formal session in March 2005.
3.0
Timekeeping; Written Material
(a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally
notify the speaker and presiding offICer at the expiration of the time allowed for each speaker.
(b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so-
4.0
Modification of Time Limits
(a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in
Section 2.
(b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions
of members of the City Council.
5.0
Registration of Speakers
Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting- The
inadvertent failure to do so shall not, however, disqualify any person from speaking-
6.0
Public Notice of Policy
In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside
of the City Council Chambers, and published in the City Council agenda for each regular meeting.
.-ø~$"
'~~-1'F~'
\~~Ji
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Lynnhaven River Environmental Restoration Study by the Army Corps of
Engineers, Federal Cost Sharing Agreement and Funding.
MEETING DATE:
September 14, 2004
. Background: The Army Corps of Engineers Reconnaissance Study (100% federally
Funded) was completed in 2002. Since then, the City and the Corps have been negotiating the
scope and cost of the Lynnhaven River Environmental Restoration Study. The cost of this study
has been reduced from $6 million to $3 million over 5 years. The City will be a 50% cost share
partner with the Corps. Partnering with the Corps will allow the study to identify the measures
necessary to restore the Lynnhaven River to a healthy and productive estuary. Upon
completion of the study, the cost sharing can continue to design (50150) and construction
(65135, Corps to pay 65%).
. Considerations: The Army Corps of Engineers currently has $456,000 available for
the Lynnhaven River project If the City does not sign the cost sharing agreement, these funds
will be transferred elsewhere in the nation. Retained earnings in the City's stormwater utility
fund can provide the necessary funding both now and over the next 5 years. The attached
ordinance will authorize the City Manager to sign the cost sharing agreement; it also creates a
new capital improvement project to manage this City/Federal Partnership and appropriates
$450,000 to this project. The 'local projected cost of this project will be $1.5 million over 5 years.
. Public Information: Numerous briefings have been given to the Lynnhaven 2007
group. This group is fully in support of the project as a long term strategy to restore the
Lynnhaven River.
. Alternatives: The City is currently under a state directed TMDL (Total Maximum Daily
Load) for fecal coliform for the Lynnhaven River. TMDL's for the sediment and nutrients are
expected to follow in the next 6 years. If the City does not partner with the Corps, a water
quality program will still be required. However, the City will have to fund it alone and will not
have the federal partnership to share costs for Design and Construction of the necessary water
quality measures.
. Recommendations: Approve the ordinance to create the Lynnhaven River
Environmental Restoration Study, CIP and authorize the City Manager to sign the cost sharing
agreement
.
Attachments: Ordinance and summary of cost sharing agreement
Recommended Action: Approval -f'iA..
Submitting Department/Agency: Public Works Engin~.
City Manager~ ~ . ~ ~ -
26
27
28
1
2
3
4
5
6
7
AN ORDINANCE TO ESTABLISH CIP #7-157,
"LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION
STUDY," APPROPEIATE $450,000 FEOM THE STORM
WATER UTILITY ENTERPRISE FUND TO THIS
PROJECT, AND AUTHORIZE A COST SHARE AGREEMENT
WITH THE CORPS OF ENGINEERS
8
WHEREAS, the City and the U.S. Army Corps of Engineers
9
have developed a cost share agreement to perform an environmental
10
restoration study of the Lynnhaven River Basin, and the City's
11
initial share is estimated to be $450,000; and
12
WHEREAS, retained earnings are available in the Storm
13
Water Utility Enterprise Fund to cover the City's share of the
14
study costs.
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
16
CITY OF VIRGINIA BEACH, VIRGINIA:
17
1.
That CIP #7-157, "Lynnhaven River Environmental
18
Restoration Study," is hereby established as a capital project in
19
the City's Capital Improvement Program.
20
2.
That $450,000 in retained earnings from the Storm
21
Water Utility Enterprise Fund is hereby appropriated to CIP #7-
22
157, "Lynnhaven River Environmental Restoration Study" to cover
23
the City's portion of the restoration study's costs, with revenue
24
increased accordingly.
25
3.
That the City Manager, or his designee, is hereby
authorized to enter into an agreement with the U.S. Army Corps of
Engineers to share the costs of the Lynnhaven River Environmental
Restoration Study.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the ----- day of
, 2004.
J90~ c: GonCenC'
M"n"ge~n' s~
I
APPROVED AS TO LEGAL SUFFICIENCY:
" Avz1, vvwr .
it Y At torney'
CA-9365
August 31, 2004
R-3
H:\PA\GG\ORDRES\Lynnhaven River Restoration Study ORD.doc
FEASIBILITY STUDY: L YNNHA VEN RIVER BASIN
FEDERAL
SPONSOR:
NON-FEDERAL
SPONSORS:
PROJECT:
FEDERAL SPONSOR
RESPONSIBILITIES:
NON-FEDERAL
SPONSORS.
REPONSIBILITIES:
TERMINATION:
SUMMARY OF TER..."AS
Participating in the agreement as the Federal
Sponsor is the Federal Government represented by
the Department of the Army, Norfolk District,
Corps of Engineers.
Participating in the agreement as the Non-
Federal Sponsor is the City of Virginia Beach.
The study of the Lynrthaven River Basin to
determine if the U.S. House of Representatives'
1998 report on the condition of the Lynnhaven
River should be modified in the interest of
environmental restoration and protection.
The Federal Sponsor is responsible for 50
percent of the cost of the study. The total cost is
estimated at $3,000,000-
The Non-Federal sponsor is responsible for
50 percent of the cost of the study. The City of
Virginia Beach's total contribution is estimated to
be $1,500,000.
The agreement shall be terminated if the
Non-Federal Sponsor fails to fulfill its monetary
responsibility-
.{æ~~1
'á,'~-I~\\>'
{~:~lV
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment to allow an existing 72" wood privacy fence at 621
Bushnell Court, property of Charlie L. Pincus III and Cindy O. Pincus
MEETING DATE: SEPTEMBER 14, 2004
.
Background: Mr. and Mrs. Pincus have requested permission to encroach
into a portion of the City's right of way known as General Booth Boulevard
and a City-owned 10' scenic easement located behind 621 Bushnell Court.
The purpose of this encroachment is to allow an existing 72" wood privacy
fence, including maintenance, behind 621 Bushnell Court.
.
Considerations: Staff has reviewed the requested encroachment and
recommended approval of same, subject to certain conditions outlined in
the agreement
.
Public Information: Advertisement of City Council Agenda.
Alternatives: Approve the encroachment as requested, deny the
encroachment, or add conditions as desired by Council
.
.
Recommendations: Staff recommends approval of this encroachment
subject to the applicant complying with conditions set forth in the
agreement Authorize City Manager to sign agreement
.
Attachments: Ordinance, Location Map, Agreement, Plat and Pictures
Recommended Action: Approve
Submitting Department/Agency: Public Works ~ #JJ
City M"""'~ k-, ð-« ði'1.
I
2
3
4
5
6
7
8
9
10
11
12
13
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE RIGHT-OF-WAY
OF GENERAL BOOTH BOULEVARD
LOCATED AT 621 BUSHNELL CIRCLE
BY CHARLIE L. PINCUS, III AND
CINDY 0- PINCUS, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Charlie L. Pincus, III and Cindy 0- Pincus desire to maintain a 72"
14
fence within the City's right-of-way located at 621 Bushnell Circle.
15
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
16
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
17
City's right-of-way subject to such terms and conditions as Council may prescribe-
18
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
19
20
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, Charlie L. Pincus III and
21
22
Cindy 0- Pincus, their heirs, assigns and successors in title are authorized to construct
23
and maintain a temporary encroachment for a fence in the City's right-of-way as shown
24
on the map entitled: "Exhibit A, PHYSICAL SURVEY OF LOT -1 SUBDIVISION OF
CROAT AN LANDING PLAT RECORDED IN D.B. 2562, PG. 1375-1376, IN THE
25
26
CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VIRGINIA For
CHARLES PINCUS, III SCALE: 1 "=25' F.B.876 PG.73 DECEMBER 17, 2003," a copy of
27
28
which is on file in the Department of Public Works and to which reference is made for a
29
more particular description; and
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
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 Charlie L. Pincus, III and Cindy O. Pincus, (the "Agreement"),
which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
is hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Charlie L. Pincus, III and Cindy 0- Pincus, and the City Manager or his
authorized designee execute the Agreement
Adopted by the Council of the City of Virginia Beach, Virginia, on the
- day of
,2004.
~VED AS TO CONTENTS
l1t C. ~ "'-
NATURE
Púl R&J E af;il
DEPARTMENT
cA-G~5t.j
PREPARED: 8111/04
PREPARED BY P_w FNr. rAnn c '1'1 '"
PREPARED BY VIRGINIA BEACH
CITY A ITORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this JJh{.\ day of J t\ 1111
, 2004, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and CHARLIE L. PINCUS. III AND CINDY O. PINCUS, HIS/THEIRIHER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot I, Croatan Landing" as shown on that plat entitled,
"SHEET I OF 2 SUBDIVISION OF CROATAN LANDING LYNNHAVEN BOROUGH-
VIRGINIA BEACH, VIRGINIA Scale 1" = 40' AUGUST, 1986" as recorded in Map Book
2562 on Page 1375 in the Clerk's Office of the Circuit Court in the City of Virginia Beach,
Virginia, and being further designated and described as 621 Bushnell Court, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing 72" high fence
"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 identified as a 10-
foot Scenic Easement along the east side of General Booth Boulevard and a City right of way
known as General Booth Boulevard "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2426 08 9886 0000
NOW, THEREFORE, for and in consideration of the premises and ofthe 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 permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained 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 72" Wood Fence Encroachment into The
Encroachment Area as shown on that certain plat entitled:
"PHYSICAL SURVEY OF LOT-I SUBDIVISION OF
CROATAN LANDING PLAT RECORDED IN D.B. 2562, PG.
1375-1376, IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT, VIRGINIA BEACH, VA VIRGINIA BEACH,
VIRGINIA FOR CHARLES PINCUS, III SCALE: 1"= 25'
F.B.876 PG.73 DECEMBER 17, 2003," a copy of which is
attached hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City fÌ'om immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized tenninates 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.
2
It is further express1y understood and agreed that the Grantee shan indemnify and
hold harmless the City, its agents and employees, from and against an claims, damages, losses
and expenses including reasonable attorney's fees in case it shan be necessary to fi1e 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
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 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 notice 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 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
3
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such remova1, 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 hereinabove 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, CHARLIE L. PINCUS, III AND CINDY O.
PINCUS, the said Grantee has caused this Agreement to be executed by hislher/their signature.
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
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day of
, CITY MANAGER/AUTHORIZED
, 2004, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknow1edged 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
CITY/COUNTY OF \!,íO,r'\\{'- '~Y,{h to-wit:
.J
The foregoing instnunent was acknowledged before me this .9;)'~\ day of
,'\"; '. t'1
, 2004, by Charlie 1. Pincus, III.
i~ " rfç
f Jì(\.f-=< '" 'r j:z:.;--.
() ~ Public'
My Commission Expires: --j¿l.~"'.i~' L,'j :)\ I'~ i
5
STATE OF
CITYICOUNTYOF VIOl';"".' ¡)«):'.r,to-wit:
The foregoing instrument was acknowledged before me this . :::)::j'-""day of
1; ,I~;\
, 2004, by Cindy O. Pincus.
/\</...,;'*/1, (\~l "-
I. 0!f1ry Publi6--
',-----", '-../
My Commission Expires: JZ'uì.,-~'-- n~ 31, JCCì
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFIE ENCY AND FORM
-
~C.~~
GNATURE
Ph) Ræl E ddi
DEPARTMENT
6
~~ . IS TO CEIITIl'Y TlUT ON DECEII"-<t17, 2003. lIE SURVEYED TIlE PROPEP"'" SHOWN ON TIllS pU3'. ANI! ;rBAT
TBi TITLE LINES ANI! TIlE ' "jU,S OF .B B1JIUIINGS AIΠ~ SHOIIN ON THIS IT. TIlE BUILDINGS STAND 'II1T!II!I
THE TITLE UNES AND TIIEBE AIŒ NO ENCROACJDŒIITS OF OTlŒl! BUILDINGS 0" TIlE PHOPER'lT. EXcEPT AS SHOIIN.
/
'Ir.P-LABIIEJNC.
S[GNXD Br
~
LOT-2
(..,
"
LOT-1
BUSHNELL COURT
(50' R/W)
NaTE. A mE (5) FOor £ASD ENT (UNL£SS GR~TER WIDtH IS NOTED) ALONG AND ADJACENT TO AIJ. SIDE AND REAR
LOT UNES OF AIJ. LDTS WITHIN THIS SlNDMSION lIAS BaN DEDICAT!D TO THE Cm' OF" \/fRCINIA ØVoCH, \/fRGINIA FOR
tHE INSTAUA'!10N ANDIOR WAlNTÐWICE OF DRAlN.oGE FAClunES-
FL.OOC> lNFOFIMA'T1ON&tHE PROPERTY SHOWN HEREON APPEARS TO FALL YI1tHlN FLOOD ZONE 'X" (OU'lSIDE) (AREAS
DõTERlAlNED TO BE OUTSIDE !5OD-'tEAR FLOOD PLAIN) AS SH~ ON F.E.M.A.'S FLOOD INSURANCE RATE IIAP (F.I.R.M.)
FOR tHE CITY OF \/fRGINIA BEACH. IIIR_A. CO""UNITY'PANEL No. 515531 0033E DATED CEeEl/BER 5,1006.
~~~G~.siT..JW tls'"War '~"~~~~~IS1H;""~~~:~LL~~ ~S~~~~ °ib ~~~~~~R SHOWN I
FURTHER INFORMATION, CO>ITACT THE LOCAL OOIlMUN!1Y FlOOD ornc~ THIS SURYET WÞS PERFORIAED WTTHOllT THE
BENEfI1" OF A TTI\.E REPORT AND WAY NOT SHOW N(r/AiJ. EASEIŒH1S OR R£STRlC11ONS THAT MAY AFfEer SAID
PROPERlY AS SHOWN. THIS PLAT DOES NOT INTEND TO REPRESEHf A SUBDMSlON OF" LAND.
.
aMI E;!¡9'."'" 757.~.1041
~~ ~~""'yoI'3 wplarg..com
t::~...~.~lt.oIo
...__œ,__VA-
PHYSICAL SURVEY
Ol"
LOT-l
51JIIU'IIS!ON OF
CROATANLANDING
PLÅT RECORDED IN D.8. 2582, PC. 1376-1378. IN '!'BE CLERE'S
OF THE ClRc:t1lT COURT. VIRGINIA. 8BACB. VA
VIRGINIA BEACH, VIRGINIA
,-
CHARLES PINCUS, III
OFFICE
BCALE. I'~ 25'
mCl!NI1 =
-'
~
"'I'~
~("'".'II.: ; .
.', ~."...
~
.~
./~ -
~~
. .;~
, .
f~
,~~;~
..:-ft., >-"i'~
.' ~~-;~ ~:¿~:~;.~2';v '-:
,'. ,
I
'. '.. :-1-. -~'.
'.
..~. ,
;'..' ..
~ '.
. ".
~
A
--'-" -
,.
. ,
~~-
&~. ""'~'."
~\~JJf
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: National Urban Search and Rescue Response System Activation
MEETING DATE: September 14, 2004
.
Background:
The City of Virginia Beach is the sponsoring agency for VA-Task Force 2, Urban Search
and Rescue Team. Senior members of the Team are pre-selected by the Department of
Homeland Security/FEMA Operations to participate in Incident Support Teams that
serve to oversee specific large-scale incidents involving multiple federal response
agencies- In the interest of national security, the Department of Homeland
Security/FEMA has activated designated Incident Support Teams as well as specific
Urban Search and Rescue teams to pre-position at both the Democratic National
Convention in Boston and the Republican National Convention in New York City. FEMA
Urban Search and Rescue Team Virginia Task Force 2 has 4 members who have been
assigned to ISTs for these two events.
.
Considerations:
As the sponsoring agency, the City of Virginia Beach is responsible for administrative
and fiscal management of the team and its assets. Consistent with previous
deployments, DHS/FEMA has authorized the reimbursement of all expenses to support
the participation of Team members who deploy as members of the Incident Support
Team.
.
Public Information:
Public Information will be handled through the normal process.
.
Alternatives:
The City's designation as Sponsoring Agency for FEMA VA-TF2 is a pre-arranged
relationship and obligation between the City of Virginia Beach and DHS/FEMA-
.
Recommendations:
Approve and appropriate up to $46,000 to cover deployment expenses for VA-TF2
members assigned to the Incident Support Teams.
Attachments:
Ordinance
Activation Order notification from FEMA
Assistance Award document
.
Recommended Action: Approval
Submitting Department/Agency: Fire Department j)¡J~
City Manager: ~~ ~ . Òß~
2
3
4
5
6
7
8
9
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$48,000 tROM THE DEPARTMENT Ot HOMELAND
SECURITY TO THE tIRE DEPARTMENT'S FY
2004-05 OPERATING BUDGET tOR tEMA TEAM
MEMBERS TO PROVIDE SECURITY AT THE
DEMOCRATIC AND REPUBLICAN NATIONAL
CONVENTIONS
WHEREAS, the Department of Homeland Security activated four
10
of
Federal
Management
Agency
("FEMAn)
members
the
Emergency
11
Virginia
2
provide
Team's
Task
security
at
the
Force
to
12
Democratic and Republican National Conventions.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14
OF VIRGINIA BEACH, VIRGINIA:
15
1. That $48,000 is hereby accepted from the Department of
16
Homeland Security and appropriated to the Fire Department's FY
17
2004-05 Operating Budget for costs incurred by the FEMA team at
18
the Democratic and Republican National Conventions.
2.
That estimated revenue from the federal government is
hereby
increased
by
$48,000
in
the
2004-2005
FY
Operating
Budget.
19
Adopted
by
the
Council
of
the
City
of
Virginia
Beach,
20
Virginia on the
day of , 2004.
Approved as to Conéent
Approved as to Legal Sufficiency
¿JŒ"~~ ~ 0 . rÙ'j~
Management Services _/
~r[ Y.e~ [1?
CA-9366
R-3
H:\PA\GG\ORDRES\Urban Search & Rescue ORD.doc
September 1, 2004
.-'ó~"
f,",.~Ð"(~\
\'6 - .t;}
.,'f" ,,«-/
'f1.t'!?~~5-7
Department of Homeland Security
Federal Emergency Management Agency
Washington, D.C. 20472
July 1, 2004
ACTIVATION ORDER
FROM:
National Urban Search and Rescue Response System
Red Incident Support Team (1ST) - A
(See Attached List) .
Michael TamilJow ~ ~
Section Clùef
Urban Search and Rescue Section
MEMORANDUM FOR:
SUBJECf:
Activation Order - Democratic National
Convention (DNC)
Incident Type I Location: 1ST activation in support orthe DNC in Boston, MA.
Backgronnd: The Democratic National Convention will be in Boston, MA during
July 26 - 29, 2004. The Convention will welcome visitors, including almost 5,000
delegates ftom 56 state and tenitorial delegations (including Washington D.C., Puerto
Rico, American Samoa, Guam, the Virgin Islands, and Democrats abroad), 15,000
members of the domestic and foreign press, as well as foreign dignitaries and honored
guests.
The ESF-9 Leader for this activation is Michael Tamillow, and the Deputy ESF.9 Leader
is Joe Hiponia. The 1ST Leader is John Huffoffice phone: (402) 441-8351 or cell: (402)
499-0998. The ESF-9 Leader can be reached on his cell phone at (202) 744-0724 or by
pager at 800-759-8888, pin #: 1847831. The Deputy ESF-9 can be reached on his cell
phone at 202-498-9093.
The NY-TFI Task Force has aJso been activated.
Instructions: This is an Activation Order for the Red 1ST. This order is effective 0001
hours on July 25 and will end on July 30 at 2400 hours. Your travel mangements should
made through National Travel at 800-294-8283, per the invitational travel letter. Your
point of arrival is Boston, MA. Representatives ofthe 1ST -A will coordinate ground
transPortation arrangements and me~ you there.
Reimbursement of salaries, benefits and backfill costs for this mission will be in
accordance with the Cooperative Agreement and Memonmdwn of Agreement betWeen
FEMA and the sponsoring agency for your task force. You do not have authorization for
emergency procurement of equipment and supplies. Upon your return, each task force
member will be al1owed up to 24-hours of rehab time beginning when they go ofT duty
after returning home. This time period is intended to provide personal time-ofT for those
individuals who were scheduled to work.
Any questions concerning this Activation Order sl1ould be addressed to the US&R
Program Office at (202) 646-3498.
(~SQ~
,~DJf)
'-!.1~
Department ofH( meland Security
Federal EmeIgency Management Agency
Waslringtnn, D.c. 20472
August 11, 2004
ACTIVATION ORDER
MEMORANDUM FOR:
National Urban Search and Rescue Response System
Blue Incident Support Team (~ - A - ~
(See Attached List) r:- ?
Michael Tamillow 11- 0 .v-
Section Chief
Urban Search and Rescue Section
FROM:
SUBJECT:
Activation Order - 2004 Republican National
Convention (RNC)
Incident Type I Location: 1ST activation in support of the RNC, New York City, NY
Background: The 2004 Republican National Convention will be he1d for the first time
ever in New York City at Madison Square Garden from August 30 - September 2, 2004.
Nearly 50,000 visitors are expected to visit the city for the occasion. The Department of
Homeland Security designated the Republican National Convention a National Special
Security Event in July 2003, which means that the U.S. Secret Service coordinates all
federal assets and NYPD directs operational security. Other agencies, including the
Department of Homeland Security, the FBI, and various state and local law enforcement
authorities, are also participating to ensure that a comprehensive security plan is in place.
For additional information concerning the 2004 Republican National Convention, you
may visit the official Web site: www.l!opconvention.com.
The ESF-9 Leader for this activation is Dianne Wilson, and the Deputy ESF-9 Leader is
Wanda Casey. The 1ST Leader is Jim Strickland office his cell phone at (703) 599-5082.
The ESF-9 Leader can be reached on her cell phone at (816) 718-8197 or by pager at
800-759-8888, pin #: 1847219. The Deputy ESF-9 can be reached on her cell phone at
202-498-9567 and pager pin #1255412.
The PA-TFl Task Force has also been activated.
Instructions: This is an Activation Order for the Blue IST. This order is effective 0001
hours on August 25 and will end on September 4, 2004 at 2400 hours. Your travel
arrangements should made through National Travel at 800-294-8283, per the invitational
traveJletter. Your point of anival is Edison, NJ. All personnel are expected to be in
Edison, New JeI!ley no later than Saturday, August 28 at 12:00 PM. Representatives of
the IST-A will coordinate gro1JI\d transportation arrangements and meet you there.
Reimbursement of salaries, benefits and backfill costs for this mission will be in
accordance with the Cooperative Agreement and Memorandum of Agreement between
FEMA and the sponsoring agency for your task force. You do not have authorization for
emergency procurement of equipment and supp lies. Upon your return, each task force
memberwilJ be allowed up to 24-hours of rehab time beginning when they go off duty
after returning home. This time period is intended to provide personal time-off for those
individuals who were scheduled to work.
Any questions concerning this Activation Order should be addressed to the US&R
Program Office at (202) 646-3498.
J.
PLANNING
9.
I
I.
Petition for a Variance to § 4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for
RICHARD RIGGS to exclude floodplain areas subject to special restrictions from
counting towards minimum lot area and width requirements.
(DISTRICT 7 - PRINCESS ANNE)
2.
Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a
church (expansion) at 2221 Centerville Turnpike
(DISTRICT I - CENTERVILLE)
3.
Applications of HERTZ LOCAL EDITION for Co/!ditional Use Permits:
a.
Motor vehicle rentals at 3205 Virginia Beach Bou1evard
(DISTRICT 3 - ROSE HALL)
b.
Motor vehicle rentals at 5476 Virginia Beach Boulevard
(DISTRICT 2 - KEMPSVILLE)
4.
Application of JONATHAN R. KING for Conditional Use Permit re a home occupation
(fireann sales) at 224 Gatewood Avenue
(DISTRICT 6 - BEACH)
5.
Application of THOMAS RITCHIE, FINE EDGE LAWN & LAND, INc. for a
Conditional Use Permit re bulk storage at 400 First Colonial Road
(DISTRICT 6 - BEACH)
6-
Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT
CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the
Disabled at West Neck Road and North Landing Road
(DISTRICT 7 - PRINCESS ANNE)
7.
Application of DR. JOHNNY'S APPLIANCES for a Modification of Proffers for a
Conditional Change of Zoning from AG-2 Agricultural District to Conditional
B-2 Community Business District (approved by City Council on January 25,1994),
(Harold Dean Flora, Sf. & Mary Ellen Flora) for a sign at 1941 General Booth Boulevard
(DISTRICT 7 - PRINCESS ANNE)
8.
Application ofESI PROPERTIES II, LLc. and KAMAREK PROPERTY II, LLc.
for a Modificarion of Profers re a Conditiona1 Change of Zoning from 0-2 Office District to
I-I Light Industrial District (approved by City Council on July 9, 1996), (Electronic
Systems, Inc.).re a reduction in square footage at Expressway Drive and Edwin
Drive
(DISTRICT 3 - ROSE HALL)
Application of WOMACK CHAPPELL, LLc. fìkla Linda T. Chappell for a
Modification of Conditions re Conditiona1 Change of Zoning from AG-l Agricultural
District to I-I Light Industrial District (approved by City Council on May 14, 2002),
(Linda 1. Chappell) re the side yard setback up to London Bridge Road at 2599 Dam
Neck Road (DISTRICT 6 - BEACH)
II
Zonina History
Map M-14, N-14
"00 '.°, '.0 ,c.,!e
'.-- --
0
AG-2
o'AG-2
".
AG-I
Subd"¡,,on Vaaance
11 I 02/03/86 I Subdivision Variance (Lot Area)
I Granted
This subdivision variance was granted in 1986 for an existinq home on a lot
created by deed in 1980.
r
i~:¡'!
CITY OF VIRGINIA BEACH
AGENDA ITEM
'"
ITEM: Richard Riggs - Subdivision Variance
MEETING DATE: September 14, 2004
.
Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Richard Riggs. Property is located at
3120 Colechester Road (GPIN 24233193430000). DISTRICT 7 - PRINCESS
ANNE
.
Considerations:
The existing lot is 57_2 acres and there is one single-family home located on the
parcel.
It is the intent of the applicant to subdivide a 3.003-acre parcel from the larger
57-2-acre parcel. The 57_2 acre site is located entirely within the floodplain of
Back Bay which is subject to special restrictions- The 3.003-acre proposed parcel
possesses elevations ranging from approximately 1.5 feet m-s.L to 3-2 feet m_s-L
Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to
special restrictions from counting towards minimum lot area and lot width
requirements.
This request is contrary to the intent of requirements in not only the Subdivision
Ordinance, but also the Zoning Ordinance and the Site Plan Ordinance.
The rural area of the city is characterized by low, flat land and wide floodplains.
This piece of property is typical of many others in the surrounding area- The only
discerning characteristic is the personal situation of the applicant/owner. All of
the City's development ordinances, including the Site Plan, Zoning, Subdivision,
and Southern Watersheds Ordinances, specifically exclude personal hardship
from being considered as justification for granting a variance to any development
requirement or restriction.
Granting this variance would promulgate at least two other variances to Section
5B of the Site Plan Ordinance on this same property. These additional variances
would need to be approved by City Council prior to recordation of the subdivision
plat and construction of a dwelling on the new 3.003 acre lot.
Richard Riggs
Page 2 of 2
Granting this variance will prompt owners of similar properties with similar
characteristics in the rural area of the city to request this same combination of
variances in the future. Setting a precedent by allowing new residential
development within the floodplain will compromise the City's efforts to protect
floodplains and to support and conform to the policies of the National Flood
Insurance Program.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends deniaL Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~~
C.. """"-' 0 Ie-, àrJ ""-
"'6,.;i:8£:'¡;,,
,:c..~'.l'~;::'.~"";;:'~"~
t-e:- . -.:ß\
%>j~~C;ø
M14-210-SVR-2004
RICHARD RIGGS
Agenda Item # 9
August 11, 2004 Public Hearing
Staff Planner: Barbara Duke
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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Subdivision Variance to Section 4A(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
Property located at
3120 Colechester
Road
'-AG,
pol
"
,
.1
24233193430000
7 - PRINCESS ANNE
RICHARD RIGGS
Agenda Item # 9
Page 1
SITE SIZE:
57.2 acres
EXISTING
LAND USE:
Open Field
East:
West:
. Single-Family Dwelling / AG-1 and AG-2
Agricultural District
. Single-Family Dwelling / AG-1 and AG-2
Agricultural District
. Open fields / AG-1 and AG-2 Agricultural District
. Single-Family Dwellings/ AG-1 and AG-2
Agricultural District
SURROUNDING North:
LAND USE AND
ZONING: South:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is entirely within the floodplain for Back Bay. The elevations
on the site are below the floodplain elevation of 5.0 feet m.s.1.
AICUZ:
The site is not impacted by the AICUZ zones surrounding NAS
Oceana.
Summary of Proposal
Existing Lot: The existing lot is 57.2 acres and there is one single-family home located
on the parcel.
Proposed Lots: It is the intent of the applicant to subdivide a 3.003-acre parcel from
the larger 57.2-acre parcel. The 57-2 acre site is located entirely within the floodplain of
Back Bay which is subject to special restrictions. The 3.003-acre proposed parcel
possesses elevations ranging from approximately 1_5 feet m-s_1. to 3.2 feet m.s.1.
Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to special
restrictions from counting towards minimum lot area and lot width requirements
lltmn Reauired I 1.Q1&2 I Residual i
r Lot Width in feet 150 feet I 0* I 0* I
I Lot Area in square feet 43,560 I 0* I O' l
I ~
RICHARD RIGGS
Agenda Item # 9
Page 2
Comprehensive Plan
'Variance required
The Comprehensive Plan recognizes this portion of the City as the "Rural Service Area."
The area is characterized as low, flat land with wide floodplains and altered drainage.
Working farms and farm related businesses existing along with limited non-residential
uses.
Staff Evaluation
Staff recommends denial of this request.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
E.
A.
B.
Strict application of the ordinance would produce undue hardship.
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
C.
D.
RICHARD RIGGS
Agenda Item # 9
Page 3
The 57.2 acre site is located entirely within the floodplain of Back Bay which is subject
to special restrictions. This request is contrary to the intent of requirements in not only
the Subdivision Ordinance, but also the Zoning Ordinance and the Site Plan Ordinance.
Section 200(c) of the City Zoning Ordinance excludes floodplain areas subject to special
restrictions from counting towards minimum lot area and lot width requirements.
Section 5B of the Site Plan Ordinance restricts development in the floodplain of Back
Bay as noted below:
. Section 5B.5(b) - Residential dwelling structures shall not be located within the
floodplains subject to special restrictions. . - on lots created after the effective
date of this ordinance (October 23, 2001).
. Section 5B_5(c) - No filling shall be permitted, including filling with material
excavated from the same floodplain in the bays, creeks, lakes, guts, coves,
wetlands, marshes and swamps and their tributaries comprising the Back Bay
watershed south of South Birdneck Road and east of Princess Anne Road and
General Booth Boulevard.
The rural area of the city is characterized by low, flat land and wide floodplains- This
piece of property is typical of many others in the surrounding area. The only discerning
characteristic is the personal situation of the applicant/owner. All of the City's
development ordinances, including the Site Plan, Zoning, Subdivision, and Southern
Watersheds Ordinances, specifically exclude personal hardship from being considered
as justification for granting a variance to any development requirement or restriction-
Granting this variance would promulgate at least two other variances to Section 5B of
the Site Plan Ordinance on this same property, as noted above. These additional
variances would need to be approved by City Council prior to recordation of the
subdivision plat and construction of a dwelling on the new 3_003 acre lot.
Granting this variance will prompt owners of similar properties with similar
characteristics in the rural area of the city to request this same combination of variances
in the future. Setting a precedent by allowing new residential development within the
floodplain will compromise the City's efforts to protect floodplains and to support and
conform to the policies of the National Flood Insurance Program.
Staff, therefore, recommends denial of this request.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances.
RICHARD RIGGS
Agenda Item # 9
Page 4
Supplemental Information
Zoning Historv
M!ff ~:!!'5~ï!4
I
i AG-2
'" '~"""
. \ {,
)~) ,"..
ï ..'
/ .. ",'
I. ...,.
,,~~¿~j-;. ,'"
AG-I
..
AG-
Subdi>is,on Van"nce
11 I 02/03/86 I Subdivision Variance (Lot Area)
I Granted
This subdivision variance was granted in 1986 for an existinQ home on a lot created by
deed in 1980,
Public Agency Comments
Public Works
RICHARD RIGGS
Agenda Item # 9
Page 5
Master Transportation
Plan (MTP):
-------,
Colechester Road is a two lane rural roadway. There I
are no plans to upgrade this roadway in the Capital,
Improvement Program.
Public Utilities
Public water and sewer infrastructure is not present in this rural area. Any new
residential development in this area must obtain approval for private well and septic
from the Virginia Health Department
RICHARD RIGGS
Agenda Item # 9
Page 6
Exhibits
Exhibit,
Aerial of Sil
Locatio
RICHARD RIGGS
Agenda Item # 9
Page 7
"
Ôa:"
"2
~ ~ œ
~
(IJ
,------~-'~~'~
I
I
I
I
I
I
I
¡
1
I
~.
\,.~\
,\
I
I
I
¡!]~ õ',
:!>;
~;~~~--'~t~"~- , .
~f
l,
~::Þ;l ~
(IJ
c.:>
c.:>
c::
cj
¡j (IJ ,"
iit5-H~
~ ~ ~ ~
:¡¡! 8: N ~:
=> ... ~
~ cì:I <f) ~
w "
"'w
I-
a:
w
(D
0
a:
" ,",60' ,
NI
lëo
. °"", '"
.' -' -1
-Q,j¡::
?~~
"-I
" 6"
, .."..,>,n,-,.",-,
@ ,
-
~' .~
t~
,'",
,"', ,
, ".'JU"-',
I ~;~ ~
~ -...I' ~
~ ~: ~
CL " "
,. 6"0,;"" "
'5"""
~
":
'"
~
¡'--'".,
,-
- 1".
.f
~
"'-
a:
ci
<:(
>
.;¡¡
0
r<')
'--"
0
<:(
oò
a: "
~
a:
w
I-
(IJ
W
I
()
W
---'
0
()
Exhibit B
Proposed
Subdivision
:;;
~
..'
"
RICHARD RIGGS
Agenda Item # 9
Page 8
. .
h
Z
wr
~
w'
1-'
<
~
W
C::'
::¡,
'~I
~11
t'-;~
:" ,
~H
!H
~H! ~:
in! ,
5~~~
~Hj
~H
Hli
.
0=-
5õ ~
H~
~H
H~
H~
" &!i
~.~
.~~"-
~ ~'-
!H~
fill
;;
¡tWi/lm
¡¡Ifililil!
¡11!lllllii!
n~'
H1!
,j,-;
~ ~ ó ~
HH
~ ~ E~
~~~2
mf!
fiB!
~HH
:< '< -'<..'!
~~~~r
~H~i
"
"
..
NOI1V3IlddV H:>NVnIV A NOISIAI<ÍHflS
-.--¡
,I- ,
Z
W
~
W
I-
<
l-
f/)
¡J
l ~
f/)
.. 0
-I
U
f/)
Õ I'
&__.
~ ~
g ~
i :
~ ~
ö
"
~ ~ ~
:> > "
gp õ
un
~ ~ .t.,.
~~n~
~~H~
~~&~
~~~§
~~p
1m
I :
I
""
IB~
IN
.
c
Ê
~
.
~
o~
H
H
~,;
~ài
H
H
j;
n
~f
H
H
, :,
~ ~
ß 1 ~
~ n ~
~ '" ~~ c
t :> c..
Ii !II¡I!
~å ¡("..s:;:n
n HB:
~¡; 5:~~¡o,~
H HHi
1: C=5..
;;
.é
~
<
~
"-
c..
"'"
. .
H
H
1]
~!
~]
U
1'~
H
",,-
iji!
H
,:
~
<
Z
..-
<-
]
t
.~
"
l
::;
~ ~
H
õ ~ ,;,
II]
~ g ,
HZ
¡¡ c .\
8
Exhibit C
Disclosure
Statement
RICHARD RIGGS
Agenda Item # 9
Page 9
Item #9
Richard Riggs
Subdivision Variance
3120 Colechester Road
District 7
Princess Anne
August 11, 2004
REGULAR
Joseph Strange: The next application is Item #9 Richard Riggs. It's an Appeal to
Decisions of Administrative Officers in regard to certain elements of the Subdivision
Ordinance, Subdivision for Richard Riggs- The property is located at 3120 Colechester
Road, District 7, Princess Anne.
Dorothy Wood: Welcome Mr. Henley.
Al Henley: Good afternoon Madame Chair and 1adies and gentlemen of the Planning
Commission. My name is AI Henley- I reside at 3112 Colechester Road. I'm a lifelong
resident of Virginia Beach. Today, I am representing Richard Riggs, who happens to be
my brother in law, which is a good thing- Today we are before you to seek a variance to
Section 4A(b) of the Subdivision Ordinance, is needed to provide the Riggs family relief
ITom a hardship, and paragraph 200(c) & 200(d)(3) of the Zoning Ordinance. Mr.
Richard Riggs lost his father in 2002, and his moÙler has lived alone in her residence at
3120 Colechester Road. Mr. Riggs is Ùle youngest son and recently moved his family
ITom Florida in order to care for his mother- Currently Richard, his wife, two chi1dren
ages 9 & 6, live with their mother. The Riggs family have owned and lived on the family
farm since 1954. Mrs- Riggs, Richard's mother, has arthritis in her spine and is a cancer
survivor, as a result she is restricted ITom any activities a homeowner performs on a day-
to-day basis. Richard and his wife assist his mother in many chores necessary to nmning
her household and farm. Mrs. Riggs is in the process, through her attorney, of placing the
family farm into a trust. The trust stipulates that the farm will remain in the Riggs family
and no part of the farm can ever be sold as a child of the Riggs family. Richard's life
long dream was to eventually move back to the family fann and raise his children as he
did and his father and his grandfather did before him. Circumstances brought him back
earlier- He did give up a quite large promotion down in Florida- He worked for Cape
Canaveral and to design of certain elements in the protection ofthe country. So, he
moved back here and moved in with his mother to assist her. As a matter offact. Richard
and his mother are here today if any of you would like to ask any particular questions-
They're more than Jikely to come up and address those. I have prepared some leaflets
here, copies to go to each one of you. What they consist of is a petition that we drew up
and everyone on Colechester Road, which happens to be property owners and there were
25 signatures in favor of Richard and his wife to build their family home here. One
individual we could not catch home because they do extensive traveling and business
outside the area- Essentially, that's my presentation.
Item #9
Richard Riggs
Page :2
Dorothy Wood: Thank you. Would you please answer questions !Tom the Planning
Commissioners?
Al Henley: Yes ma'am.
Dorothy Wood: Are there any questions? Mr. Miller.
Robert Miller: AI, how are you doing?
AI Henley: Fine. Thank you.
Robert Miller: Good to see you again- We understand that the Health Department has
approved the property to be able to provide sanitary sewer systems through the use of
septic tanks.
Al Henley: Yes sir. That's correct. The Health Department has come out. The soil
scientist has revealed Type 2 soils, and the Health Department has met with us, and they
have acknowledged that the soil does perk. In fact, it is acceptable to a septic tank
system.
Robert Miller: That is all I have. Thanks.
Dorothy Wood: Are there any other questions? Thank you very much Mr. Henley.
A1 Henley: Yes ma'am. Thank you-
Dorothy Wood: We appreciate it. Let's open it up for discussion please. Mr. Knight.
Barry Knight: Well, I'll start off. I know this parcel of property. I certainly know a
majority of the residents that live on Colechester Road- I know the applicants and all the
app1icants relatives. I live on a farm myself. I can totally understand somebody wanting
to come back and live on the farm. I feel like it, probably, and like Mr. Henley stated
what you want to do when you buy a farm is to have your kids to come back to live on
the farm- And, Mr. Riggs wants to move just a little to the south oflùs mother, on the
opposite is AI and Anne Henley. They're going to be traveling extensively. Richard
wants to watch his mother, but I don't know, but I kind of have a kinslùp for somebody
that wants to come back and live on the farm, and that is what the farm was bought for.
They've owned for 50 years. And, time comes, I'll certainly make a motion to approve
this application-
Dorothy Wood: Thank. you. I think I neglected to ask ifthere was any opposition. I
know we have none signed up. Thank you. Are there any other comments? Mr. Horsley
and then Ms- Anderson.
Donald Horsley: I think one of the finer things that has come out of this application is the
wil1ingness to put this in a trust so it wil1 stay in the family. Quite often we feel like
Item #9
Richard Riggs
Page 3
people use sympathy for a family member to come back and build on the farm and then
1ater on it is s01d to outsiders. Evidently they mean what they say because they're willing
to put land in a trust. It will stay in that family. That is something to be rea11y considered
in this application, so based on that I'm leaning in tàvor of this application, also because J
know a lot of people on this road, and I have known them for many, many years, and if
they don't object to it then certainly I don't either-
Dorothy Wood: Thanks Don- Jan.
Janice Anderson: With the application they are asking for the subdivision variance, and
we're suppose to find a hardship- I know that personal hardships don't qualifY- I think in
this majority be considered a personal hardship. I think you have to look at each
application individually- From the information that we have from Mr. Henley, the family
has owned this for quite a while, at least over 50 years- And, the reason it needs a
variance is a new ordinance that was put in place in 2001. So, I think that is something to
be considered, and I would be in approval for one residence there since it is in a family
trust like Mr. Horsley stated. Their intention is to keep it in the family. They've owned it
over 50 years. They didn't have this statute in place when they purchased it up to the
years up to 2001. I would be in favor of this-
Dorothy Wood: Thank you. Are there any other comments? Mr. Knight.
Barry Knight: No other comments. I'11 make a motion to approve agenda Item #9.
Dorothy Wood: A motion by Barry Knight and seconded by Gene Crabtree to approve.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the application of Richard Riggs has been approved by
the Board-
Dorothy Wood: Thank you so much. Thank you Mr- Henley for coming.
2 August 2004
Richard L. Riggs
3120 C01echesterRd
Virginia Beach, V A 23456
Virginia Beach Planning Commissioners
Reference: II August Meeting - Petition for variance at 3 I 20 Colechester Rd
Dear Planning Commission Members,
I'm seeking a variance approval to build a home on the Riggs family fann located at 3120
CoIechester Rd. The fann is cun-ently owned by my mother Frances Riggs, and she
would like to section off three acres of her fann for my family to construct a house.
I was raised from a child at this address and I still know the majority of residents on
Colechester Rd. I have attached a petition that include signatures of twenty one of out
twenty two property owners/residents that support my decision to construct a home. I
was unable to contact one resident and the other three houses on the road include three
rentals and part-time resident.
I generated this petition to let the planning commission know that I had the support of the
community in this endeavor to build a home.
I thank you in advance of your support on this issue!
,~f?
Richard L. Riggs
Attached:
Petition
Petition for Richard and Kimberly Riggs
19 Jon 2004
We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach., V A, do
herby support this variance to Section 4,4 (b) Subdivision ordnance for Richard L Riggs and
Kimberly A. Riggs, wife to construct a single-family home for their residence on their family
farm-
Print Name: Address:
De;LLY /1- )v1 A- ~o;1/
hv
Print Name:
Print Name:
Print Name:
[~/(ßIl~--c V):tJÞ?MU-- '-
, Signature
Address: \ I . L- vU
'),.+1 Î- (6 e.c~~
Address:
Address:
/In J1J,,!,þ'nai/i LfiJ,
Address: ~ \
~\.l~C-al~s- ~~\~
,- Address: 3J.'J7 (}kJJ¿,iøz Vi'
Address:....;¡ 7 f! ;J I -il-
d .2 } / L{9.k éAL~U
Address: /J (}
~.?--5~-$ (6.Þ,~f--c..-.JÌJ IM--
Petition for Richard and Kimberly Riggs
19 Jon 2004
We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach, V A, do
herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and
lGmberly A. Riggs, wife to construct a single-family home for their residence on their famiIy
farm.
Print Name:
Print Name:
Print Name:
ú-..
Address: ~
3:}~q Gfpd..",,\{or
Address: ~
3clt.pé~eck"'t"'- Ì'?
Address:
3D ~5¿ öLr-CJ,pstf'/'
Print Name: Address:
:1 ()).tl (II» 1~/
~~1I1#~4J1
Sl ature - I" ~
Print Name:
Print Name:'
Print Name:
Address:
3~~ I O{j!úÁ-c¿~
Address: 3 (1 () Il fl /
077~"t
Address: G..
313.1] Mrh.d:rJt ref.
Address:
S~~M~ 9 dft,t; ~'i{j-'/J-Þr- çRrJ
~~J~.' ò~~~ \/ \,
SI ture . \! ~
Petition for Richard and Kimberly Riggs
19 Jun 2004
We, the undersigned and residents/property owners of Colechester Rd, Virginia Beach, V A, do
herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and
Kimberly A. Riggs, wife to construct a single-fami1y home for their residence on their family
[ann,
Print Name:
Print Name:
Print Name:
JI'~ASiL ~~1'-
Print Name: <¿~e.h/", \J, Sn,,'\--\-,
l!i'iIA~. r - hct;;v
9 Si ature
Print Name: ~QUEL/IJE FRomc7U
q~<e6~ ~~
Print Name: "ß ï I FrOM €..J1
Print Name:
Address: 3/ , ~C
VI^,~.L;, - ~('¿;I ¿h4Y\'£'
Address:
Address:
Address;
-?,2 ?;z. C6¿i;C:ßÞ:;~
u -f!- ð c/l
J ¿
Address:
~~, 7Z -;£~~
- ' Signature
Petition for Richard and Kimberly Riggs
19 Jun 2004
We, the undersigned and residents/property owners of Cole chester Rd, Virginia Beach, V A, do
herby support this variance to Section 4.4 (b) Subdivision ordnance for Richard L. Riggs and
Kimberly A. Riggs, wife to construct a single-family home for their residence on their family
farm- c::.:¡.. --72'. . {)'" - /)C-"<!~ H i""-<?~I"~---
( ~/'O"",,C{~ . ~-'V> 1_"-
'v c;+ "'J/!-:> C-c'/ec/.'",";h,," ¡::Y.
Print Name: :-ho~~ <: fiD-v,,", {b.~.Jû.'\ Address:
(d '-l ù S t:l---VUJlÞ ¡I cl'i:r<J<é
,~~=-:~" \/6-- .ßcß, Ltc\. "):;)"-/ ') ~
SiliÍ1ature
Print Name: Address:
SÌlmature
Print Name: Address:
SÍlmature
Print Name: Address:
Si!!l1ature
Print Name: Address:
Sil!Dature
Print Name: Address:
Si¡mature
Print Name: Address:
SÍlmature
Print Name: Address:
SÜmature
Zonina History
CUP 1o, Chu,ch f'p,oSlon
I ACTION
Granted
Granted
Withdrawn
I#IDATE IREQUEST
1 01/10/95 Conditional Use Permit (church expansion)
12/09/85 Conditional Use Permit (church expansion)
06/10/85 Change of Zoning (R-8 Residential District to B-1
Business District)
09/13/82 Conditional Use Permit (church)
Granted
ITEM: Colonial Baptist Church - Conditional Use Permit (church expansion)
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Colonial Baptist Church for a Conditional Use
Permit for a church (expansion) on property located at 2221 Centerville Turnpike
(GPIN 14549696120000). DISTRICT 1 - CENTERVILLE
.
Considerations:
The church desires to like to expand its current facility for the following: a 23,020
square foot sanctuary; a 20,000 square foot, two-story education building; a
15,000 square foot, two-story seminary building (containing a library, offices,
classrooms, chapel and student lounge), and 283 parking spaces. The request
is a modification to the existing Conditional Use Permit, originally approved by
City Council on September 13, 1982 with additions subsequently approved in
December 1985 and in January 1995. There were no conditions attached to
either approval.
The church has coexisted with the surrounding neighborhoods, without incident,
since the mid 1980s. Assurances are provided, through the submitted materials
and recommended conditions of approval, that the existing surrounding
neighborhoods will not be adversely impacted by the expansion of the church. It
is Staff's opinion that the proposal is compatible with the existing neighborhood-
The submitted elevations depict high quality building materials and design that
will not be intrusive or incompatible with the surrounding land uses, which are
primarily residential.
The Comprehensive Plan recognizes that certain non-residential uses are
compatible adjacent to or within the Primary Residential Area. Such is often the
case with churches in or near residentially zoned properties. The site's layout,
high quality design, architectural style, etc. are all consistent with the Plan's
recommendations for non-residential uses within the Primary Residential Area.
The Planning Commission placed this item on the consent agenda because it is
a compatible use with surrounding neighborhoods.
Colonial Baptist Church
Page 2 of 2
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The additions and future buildings on the church's property shall be located
and constructed in substantial conformance with the concept plan entitled
"EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT,
VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates, P.C., which
has been exhibited to the City of Virginia Beach City Council and is on file in
the Virginia Beach Planning Department.
2. All new structures identified on the concept plan described in condition #1
above, shall be constructed with brick exterior to match that of the existing
church and shall be in substantial conformance with the elevations entitled
"NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUilDING,"
dated June 17, 2004, prepared by Barnes Design Group Architecture, which
has been exhibited to the City of Virginia Beach City Council and is on file in
the Virginia Beach Planning Department All elevations shall be submitted to
the Planning Director for final review and approval prior to the issuance of the
building permit.
3- The existing solid, six (6) foot high privacy fence along the western property
line shall be maintained in good condition at all times. All grassed areas
along the fence line shall also be mowed and maintained free of vines and
weeds at all times.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~~
C;1y .,..ge" ~ 'L, ~
",,(?~iA's¿.:¡(.~
".":'.'~"~f:.""f!¡'
\~\~~-~~
C11-210-CUP-2004
COLONIAL BAPTIST CHURCH
Agenda Item # 12
August 11, 2004 Public Hearing
Staff Planner: Carolyn A.K. Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional/and use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
Location and General Information
Modification of Conditions placed on a Conditional Use Permit for a
church, originally approved by City Council on September 13, 1982-
Property
located on
2221
Centerville
Turnpike.
14549696120000
COLONIAL BAPTIST
Agenda Item # 12
Page 1
DISTRICT:
1 - CENTERVILLE
SITE SIZE:
10.0 acres
EXISTING
LAND USE:
Church with associated parking lot.
East:
. Centerville Elementary School I R-5D Residential
Duplex District
. Large single-family dwelling lot, City of
Chesapeake I R-5D Residential Duplex District
. Centerville Turnpike, single-family dwellings I R-7.5
Residential District
. Single-family dwellings I R-5D Residential Duplex
District
SURROUNDING
LAND USE AND North:
ZONING:
South:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The vacant portions of the property are primarily grassed areas.
There are no significant environmental features on this property.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposal
The church desires to like to expand its current facility for the following: a 23,020 square
foot sanctuary; a 20,000 square foot, two-story education building; a 15,000 square foot,
two-story seminary building (containing a library, offices, classrooms, chapel and
student lounge), and 283 parking spaces. The request is a modification to the existing
Conditional Use Permit, originally approved by City Council on September 13, 1982 with
additions subsequently approved in December 1985 and in January 1995. There were
no conditions attached to either approval.
COLONIAL BAPTIST
Agenda Item # 12
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Compatibility with the surrounding land uses (all residential).
. Consistency with the recommendations within the Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan designates this area as "Primary Residential Area." The land
use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of
the stable neighborhoods located in this area. In a general sense, the established type,
size and relationship of land use, both residential and non-residential, located in and
around neighborhoods should serve as a guide when considering future development
Staff Evaluation
Staff recommends approval.
Staffs 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
COLONIAL BAPTIST
Agenda Item # 12
Page 3
(1) The church has coexisted with the surrounding neighborhoods, without incident.
since the mid 1980s. Assurances are provided, through the submitted materials
and recommended conditions of approval, that the existing surrounding
neighborhoods will not be adversely impacted by the expansion of the church. It
is Staff's opinion that the proposal is compatible with the existing neighborhood.
The submitted elevations depict high quality building materials and design that
will not be intrusive or incompatible with the surrounding land uses, which are
primarily residential.
(2) The Comprehensive Plan recognizes that certain non-residential uses are
compatible adjacent to or within the Primary Residential Area. Such is often the
case with churches in or near residentially zoned properties. The site's layout,
high quality design, architectural style, etc. are all consistent with the Plan's
recommendations for non-residential uses within the Primary Residential Area-
Staff, therefore, recommends approval of this request, subject to the conditions below.
Conditions
1. The additions and future buildings on the church's property shall be located and
constructed in substantial conformance with the concept plan entitled "EXHIBIT
A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA
BEACH, VA," prepared by Hoggard/Eure Associates, PoCo, which has been
exhibited to the City of Virginia Beach City Council and is on file in the Virginia
Beach Planning Department.
2. All new structures identified on the concept plan described in condition #1 above.
shall be constructed with brick exterior to match that of the existing church and
shall be in substantial conformance with the elevations entitled "NEW FACILITY,
COLONIAL BAPTIST CHURCH, NEW OFFICE BUilDING," dated June 17,
2004, prepared by Barnes Design Group Architecture, which has been exhibited
to the City of Virginia Beach City Council and is on file in the Virginia Beach
Planning Department. All elevations shall be submitted to the Planning Director
for final review and approval prior to the issuance of the building permit.
3. The existing solid, six (6) foot high privacy fence along the western property line
shall be maintained in good condition at all times. All grassed areas along the
fence line shall also be mowed and maintained free of vines and weeds at all
times-
COLONIAL BAPTIST
Agenda Item # 12
Page 4
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.
COLONIAL BAPTIST
Agenda Item # 12
Page 5
Supplemental Information
Zenina Historv
CUP fo, Chu,ch f<p,m;on
I#IDATE ¡REQUEST
1 01/10/95 Conditional Use Permit (church expansion)
12/09/85 Conditional Use Permit (church expansion)
06/10/85 Change of Zoning (R-8 Residential District to B-1
Business District)
09/13/82 Conditional Use Permit (church)
I ACTION
Granted
Granted
Withdrawn
Granted
COLONIAL BAPTIST
Agenda Item # 12
Page 6
2 03/03/86 Conditional Use Permit (day care center)
Granted
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP): Centerville Turnpike in the vicinity of this application is
considered a two (2) lane divided 1 DO-foot wide right-
of-way with bikeway, as designated on the Master
Transportation Plan. There is a project in the CIP
upgrading this section of roadway to a four (4) lane
divided facility; however, this project has not yet been
funded.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Existing Land Use'
- 401 weekday
ADT
- 1,612 Sunday
Centeryille 17,500 13,600 - ADT
Turnpike ADT' 16,200
ADT' Proposed Land
Use '-626
i weekday ADT
- 3,443 Sunday
I ADT
Average Dally Tnps
'as defined by eXistIng church
'as defined by church plus additions
Public Utilities
Water:
There is an eight (8) inch water main in Centerville Turnpike. There
is an existing detector check and a one (1) inch water meter, that
may be used or upgraded- Hydraulic analysis may be required to
ensure potential water demand can be met.
There is an eight (8) inch gravity sanitary sewer main in Centerville
Turn ike. The site is alread connected to Cit sewer. Sanita
COLONIAL BAPTIST
Agenda Item # 12
Page 7
sewer system and pump station analysis of Station 463 is required to
ensure future flows can be accommodated-
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
strate ies as the ertain to this site-
I Fire and Rescue:
I Adequate - no additional comments-
COLONIAL BAPTIST
Agenda Item # 12
Page 8
Exhibits
Exhibit ¡
.:. Aerial of Si1
~ Locatio
COLONIAL BAPTIST
Agenda Item # 12
Page 9
!
I'
~ 1 ¡ ¡
¡;
f~:=~ ~? :::! ~1~2E1,1
:1 : -.~-
! ;
r
U
cr: .
'E" "
[~~i {i!:;
<!:':';);§!
; : 15',
- - --'
0
u
Exhibit 8
Proposed Site
Plan
;t"
',.
;,)
¡ l' ;
;i; :j':
-h
..
j
I
('
"
"',
l .
'I,
;:'
'"
¡
I!:
,,;
:':
'~~~: . ':
" "
-.:
!l! ¡i¡il ¡ liii iil ¡ [
"'.
~'
i"
COLONIAL BAPTIST
Agenda Item # 12
Page 1 0
Exhibit C
Proposed
Building
Elevation
--------- -
'"
,~
- '1
t;>(,I:'IJ
">-""
;- ,l,r:
-'
~-
r
çi
.t,i,~j
c- . :
",-
..,.c~
~¡f-;
:=:J
-' -'-'
I
I
COLONIAL BAPTIST
Agenda Item # 12
Page 11
f-
Z
w
¿
W
f-
«
f-
IJ\
W
a:
:J
IJ\
0
...J
U
IJ\
Õ
f-
Z
w
¿
W
f-
~
f-
'UJ
; w ì
c::..
~!
,0
...J
0
UJ
is
"
g ..,
g ..
u =-
:g ~ <e,
<,
z'
Q-
, ,
ë
"
"
i-~; - - .
..
, ..
, ,
~
.. ..
" -,'
c, ~ ¿
- ~ .- <
c
..
c
~
..
<
~
g
¿ ~
, - ~ ;
",' .~
i~- c ~8
~ .. ~-¥.
HH~ i~
< - :;
i~iH! t i
;~~<:. è: ¿,
.. ,~?' c' 2
~HI ~ Æ is ð
.~, ~~~8
=~.~ ~~:_J i ' c ~ ~
i ! i !
-
..
~
ë
<
E
--
..
..
w.. :"
§ a: , "-
:; ~ HLa
-_':'"~::', i,._~_' - -..
~c rrH~
§R ~ ~ -- ~
~~ Õ' t '5
< ~ ~ ~ ffi
~ i'. 0" c.
i't J ~ ~
g~ H "- ~
Ii H
~,~ ~,~
.: ~ è') ~
¿ ê'I
g..
:; c
" 0
;; :
'3;
"c
,,";-
-è;
.. ..
, ,
.. ~
0, '
~ ..
,- -- - -
Exhibit D
Disclosure
Statement
;,
õ
z ..
: ~
- -
.. ..
..
-"
COLONIAL BAPTIST
Agenda Item # 12
Page 12
Item #12
Colonial Baptist Church
Conditional Use Permit
2221 CenterviJle Turnpike
District I
Centerville
August 11,2004
CONSENT
William Din: My next item is Item #12 Colonia1 Baptist Church. This is an application
of Colonial Baptist Church for a Conditional Use Permit for a church expansion on
property located at 2221 CenterviJle Turnpike. This is in the CenterviJle District. There
are three conditions. Welcome.
Frank Haltom: My name is Frank Haltom with HoggardlEure Associates located at 901
Port Center Parkway in Portsmouth. We have read aJl three conditions and are in
agreement with all of them.
William Din: Thank you. Is there any opposition to placing this on consent? Ifnot, Ms.
Anderson is going to comment on this one also.
Janice Anderson: Thank you. This applicant is also for a Modification of Conditions of
Use Permit, but this is for a church. This is rather a large site. It's ten acres. The church
has been there since 1982, and it has been a compatible use with the neighborhood. What
the applicant is requesting is for additional buildings. He is going to expand the
sanctuary. He is also going to build an education building and a seminary building. It
wiJl have the same architecture as the existing building. This has been a compatible use
with the surrounding neighborhoods, and we believe it is appropriate and recommend
approval.
William Din: Thank you Jan- I'd like to make a motion to approve Item #12 Colonial
Baptist Church, it's an application for a Conditional Use Permit for a church expansion at
2221 CenterviJle Turnpike with three conditions.
Dorothy Wood: Thank you sir- Do I have a second? Mr. Knight seconded it.
AYE II
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Item #12
Co1onia1 Baptist Church
Page 2
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board-
I#IDATE IREQUEST
1 04/24/89 Conditional Use Permit for a tower.
2 08/28/89 Conditional Use Permit for car wash.
3 08/14/90 Conditional Use Permit for auto sales.
4 10/14/97 Conditional Use Permit for motor vehicle sales &
services.
5 09/14/99 Conditional Use Permit for motor vehicle sales &
services.
6 06/13/00 Conditional Use Permit for car establishment
7 02/27/01 Conditional Use Permit for motor vehicle sales &
services.
8 06/11/02 Conditional Use Permit for motor vehicle sales &
services.
I ACTION
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
Granted
ITEM: Hertz Local Edition - Conditional Use Permit (motor vehicle rental)
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Hertz Local Edition for a Conditional Use
Permit for motor vehicle rentals on property located at 3205 Virginia Beach
Boulevard (GPIN 14970530260000). DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant proposes to lease the Shomiers General Merchandise property at
3205 Virginia Beach Boulevard for use as a motor vehicle rental agency- The
existing 2,858 square foot building will remain. The office hours will be 7:30 A-M.
to 6:00 P.M. on Monday through Friday and 9:00 A.M. to 12:00 P.M- on
Saturday. There will be three (3) employees working per shift. Location of the
rental cars will be in the rear of the property behind the existing building-
The location of the proposed vehicle rental use within an existing building
surrounded by other commercial uses ensures compatibility with the area as well
as consistency with the Comprehensive Plan-
The limitation of the number of vehicles for rental and the storage of these
vehicles behind the existing building is consistent with creating an attractive
physical environment
The Planning Commission placed this item on the consent agenda because, as
conditioned, this use will be compatible with surrounding land uses.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request with the following conditions:
1. The hours of operation shall be Monday through Friday, 7:30 A.M. to 6:00
P.M., and Saturday, 9:00 A.M. to 12:00 P_M.
Hertz Local Ed~ion - 3205 Virginia Beach Boulevard
Page 2 of 2
2. The twelve (12) motor vehicles available for rent shall be parked towards the
rear of the site as depicted on the submitted plan titled "Exhibit of Hertz-
Shomier's Shopping Center, 3205 Virginia Beach Boulevard, Virginia Beach,
Virginia", prepared by MSA, PC and dated 06/01/04. This plan is on file in the
City of Virginia Beach Planning Department.
3. There shall be no panel trucks, utility type trailers or moving type trucks
available for rent on the site.
4. There shall be no vehicle repair performed on the site. There shall be no
storage of inoperable, wrecked, or dismantled vehicles on the site.
5. The proposed freestanding sign shall not exceed eight (8) feet in height.
There shall be no signs placed within the windows, on the doors or on the
building- There shall be no pennants, banners, streamers or portable signs
placed on the site or on the vehicles.
6. All lighting on the site shall be directed downward and into the site. There
shall be no light spillover onto adjacent sites or the public right-of-way.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval-
Submitting DepartmentlAge~: Planning Departmen~jw:t--
City Manager~-~ .~~
,,~¿-\~i~.~€~~ ~.
<'.i~'~f'<"¿'
\~~~.~:}7
HO7 -220-CUP-2004
HERTZ LOCAL EDITION
Agenda Item # 6
August 11, 2004 Public Hearing
Staff Planner: Karen Prochila
The following report is prepared by the staff af the Virginia Beach Department af
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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Conditional use permit for motor vehicle rentals.
Property
located 3205
Virginia
Beach
Boulevard.
14970530260000
3 - ROSE HALL
<- "!~f1f',;" . Hertz Local Edition
~t,~,~:'o:' J,~;:i,.~}f,'~,~~E~%,-'~1
~~~':~1\~e}~ ~..._~"._~~' ""'0" '_~-¿~I
~'~,H:;;:::JL-\\::\"'~~",-""""',' "':','\\, ",~~,e;¿-I
"'~~:~""f ,I~ rD"""" - ,
J~~~f~~., e'~~l~;+~
HERTZ LOCAL EDITION
Agenda Item # 6
Page 1
SITE SIZE:
EXISTING
LAND USE:
0.855 acre
Former Shomiers General Merchandise building, currently vacant.
West:
. Across Virginia Beach Boulevard are car
dealerships I B-2 Business District
. Open Door Chapell B-2 Business District
. Open Door Chapel, retail shops I B-2 Business
District
. Insurance offices I B-2 Business District
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant historic or cultural features associated with
the site.
AICUZ:
The site is in an AICUZ of 65 - 70 dB Ldn surrounding NAS Oceana.
Summary of Proposal
The applicant proposes to lease the existing Shomiers General Merchandise property at
3205 Virginia Beach Boulevard for use as a motor vehicle rental agency. The existing
2,858 square foot building will remain. The office hours will be 7:30 AM. to 6:00 PM. on
Monday through Friday and 9:00 A.M. to 12:00 P.M. on Saturday. There will be three (3)
employees working per shift. Location of the rental cars will be in the rear of the
property behind the existing building.
HERTZ LOCAL EDITION
Agenda Item # 6
Page 2
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 surrounding land uses.
. Consistency with the Comprehensive Plan recommendations for this area.
Comprehensive Plan
The Comprehensive Plan recognizes this site to be part of the Primary Residential Area.
The policies of the Primary Residential Area recognize Virginia Beach Boulevard as one
of the City's major commercial and economically viable corridors. New commercial in
this area should be consistent with the goals of providing an attractive, safe and quality
physical environment.
Staff Evaluation
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 as follows:
(1) The location of the proposed vehicle rental use within an existing building
surrounded by other commercial uses ensures compatibility with the area as well
as consistency with the Comprehensive Plan.
(2) The limitation of the number of vehicles for rental and the storage of these
vehicles behind the existing building is consistent with creating an attractive
physical environment.
Staff, therefore, recommends approval of this request with the following conditions.
HERTZ LOCAL EDITION
Agenda Item # 6
Page 3
Conditions
1. The hours of operation shall be Monday through Friday, 7:30 A.M. to 6:00 P.M.,
and Saturday, 9:00 A.M. to 12:00 P.M.
2. The twelve (12) motor vehicles available tor rent shall be parked towards the rear
of the site as depicted on the submitted plan titled "Exhibit of Hertz-Shomier's
Shopping Center, 3205 Virginia Beach Boulevard, Virginia Beach. Virginia",
prepared by MSA, PC and dated 06/01/04. This plan is on tile in the City ot
Virginia Beach Planning Department.
3. There shall be no panel trucks, utility type trailers or moving type trucks available
for rent on the site.
4. There shall be no vehicle repair performed on the site. There shall be no storage
of inoperable. wrecked, or dismantled vehicles on the site.
5. The proposed freestanding sign shall not exceed eight (8) feet in height. P\aRs
for a wall ci¡¡n or any other typo of sign tRat R'1i§ht 130 pr-oposed tor the building
shall be sl;JÐmit;ted to the Cl;JrroAt Plannin¡¡ Division! Planning Evaluation Section
for review and approval prior to permit issl;JaAco. There shall be no signs placed
within the windows, Gf-on the doors or on ef the buildings. There shall be no
pennants, banners, streamers or portable signs placed on the site or on the
vehicles.
6. All lighting on the site shall be directed downward and into the site. There shall
be no light spillover onto adjacent sites or the public right-ot-way.
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.
HERTZ LOCAL EDITION
Agenda Item # 6
Page 4
Supplemental Information
Zonina History
I#IDATE I REQUEST
1 04/24/89 Conditional Use Permit for a tower.
2 08/28/89 Conditional Use Permit for car wash.
3 08/14/90 Conditional Use Permit for auto sales.
4 10/14/97 Conditional Use Permit for motor vehicle sales &
services.
5 09/14/99 Conditional Use Permit for motor vehicle sales &
services.
6 06/13/00 Conditional Use Permit for car establishment
7 02/27/01 Conditional Use Permit for motor vehicle sales &
services.
8 06/11/02 Conditional Use Permit for motor vehicle sales &
services.
I ACTION
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
Granted
HERTZ LOCAL EDITION
Agenda Item # 6
Page 5
Public AQencv Comments
Public Works
Master Transportation
Plan (MTP):
Virginia Beach Boulevard is an eight (8) lane urban
arterial. There are currently no projects programmed to
im rove this section of Vir inia Beach Boulevard.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Caoacitv
Maximum Existing Land Use'
capacity for - 470 ADT
Virginia Beach 42,702 Level of
Service D Proposed Land
Boulevard I ADT' operation is I Use 3 -- expected to
I 56,2401 be less than
ADT' defined B-2
Average Dally T"ps
'as defined by B-2
-- no study data for motor vehicle rental
Public Utilities
There are 20, 16 and 42-inch City water mains fronting the site. This
site has an existing 5/B-inch water meter which may be used or
u raded-
Sewer:
There is an 8-inch City sanitary sewer extending through private
property to the site. There is no City gravity sanitary sewer in Virginia
Beach Boulevard fronting the site. Sanitary sewer and pump station
calculations may be required to determine capacity due to any
increase in sewa e flow.
Public Schools
I Not applicable - no comments.
HERTZ LOCAL EDITION
Agenda Item # 6
Page 6
Police:
Public Safety
The applicant is encouraged to 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 the ertain to this site.
i Fire and Rescue:
I No additional comments.
HERTZ LOCAL EDITION
Agenda Item # 6
Page 7
Exhibits
Exhibit A
Aerial of Site
Location
HERTZ LOCAL EDITION
Agenda Item # 6
Page 8
~ @I'~,~-~ .':
~," ,,'
f!' \ - - "Iic
} <:) } 0 a: ~ o¡g
~~~t ~~!
I ß ---I Z ~ ~H
I ,11,,11" IIi: I d
I '" IIi 00
'" III' ~z
-' " II 2~
i :' I -:. -II ~f
\ J10~ ~\,
~L~ŒÞ'-' / / '\ /
p r (~l ~ ' ~
~ ~\\ " " ~, '~, ~a", -, ---
'" -\' . ' ~'\ -
~,~N ~~
~ ~-~~
~ \ \-\ \\ r---\~,\/---\
.> \ \. l_-----~ \ \ n, \
\ \/J ,-----
...
!
c:
4.J
U
00
c:
'5.
C-
O
...r::
V)
II)
.....
,9:!
E,
0] .
...r:: -5 ~
tit : ~-
õ~H
~ ... ~..
J~B
" >
<
:i. §:
~j
.~~
,~~~-
i2
~w
<~
@ð=
ê<~
~~~
~~-
'-'
z
~ ~~
~...~itl
@9~5
<'-'z«
zzw::¡
,-,~~w
g~ðð
o'-'~~
~z~u
o~H
~i:i::::::
~z-
¡- "
/
/
Exhibit
Proposed Si
Plé
I" "¡¡ I
' ~ j ¡¡
: ,I, ~\ ~~
, ,p ~ .'1 ,tor.II'
"," ." !dl~¡
, -
,,' ,: ,C
= Ii
¡ '¡
~h¡ !
",~ If!
~H ..
~ ¡J Ii!
~!! u=
- I,'
. l'
j II
; I
HERTZ L
OCAL EDITION
Agenda Item # 6
Page 9
Exhibit C
Existing
Building
Photograph
HERTZ LOCAL EDITION
Agenda Item # 6
Page 10
Exhibit r:
DisclosurE
Statemenl
NOIIV)I1ddV JJMI3d 3:5fllVNOIIIGNO)
P-¡
1;1
,
i
I-
z'
"':
".
~
<
I-
m
~:
:0'
m.
O.
"'I
u.
m;
/j'
- -
.- , c
:::<:-
IH~
~ ~:o:
~ U:
F-,'
-..'
.:, L
<.
.~
. ,-
" ~
z
'"
"
'"
I-
<
I-
Ú).
",'
0:
:0
m
0'
"'
()
VI
Õ
"-
~: - - .
~ '
.-
--
~ --
§'n
< -
<
-'.
-
. .
- -
, ;.
- ..
. .
NOIlVJI1ddV !IMI3:d 3:Si11VNOI!IGNOJ
HERTZ LOCAL EDITION
Agenda Item # 6
Page 11
- -- '-
~~~ H
7 7 7 7-
3
~
, , '
-------
/, C' C' /, '
-'/c~
------------
- - - -,' ,-
-, '" , - --
, ,
" -----
- " '" "
~ I ~~U~¡lli:¡_:¡;~¡ I
~ fu ~
~
~
..
" 0,,'
~ i'è
i1;:
"
1Ij;
.-
-
-
, -'
.~'" ~ _: 0
. -, <
-
, ,,'"
- ."" '
.--- "---- '
-C-"-,=,"Ò"
, '
-
I ~"--
I
I ~ ~=
I~I' ~~¥~ I
¡~n 0"" :j;}F~
. C ' , , - c' .:
.' '
- --
,',', ," ','
>=;,';,:;<;
,., '
'. '
. .
"
7 ~.
'~""-O 0:='
~ 0 ,::; 0" .
"",",:" -:
------ -'-
- -
Exhibit D
Disclosure
Statement
I
I~
I
:,
,:
3
i ~
I !
HERTZ LOCAL EDITION
Agenda Item # 6
Page 12
Item #6
Hertz Local Edition
Conditiona1 Use Permit
3205 Virginia Beach Boulevard
District 3
Rose Hall
August 11, 2004
CONSENT
William Din: My next item is Item #6. This is Hertz Local Edition. This is an
application by Hertz Local Edition for a Conditional Use Permit for motor vehicle rentals
on property located at 3205 Virginia Beach Boulevard in the Rose Hall District.
Mike Perry: For the record, my name is Mike Perry. We have reviewed those conditions
and I'm representing the applicant and we agree with them.
William Din: There are six conditions here. Was one of those revised?
Ronald Ripley: Yes it was. Number five.
William Din: Number five. You saw number five that was revised?
Mike Perry: Yes.
William Din: Okay. Is there any opposition to this being placed on consent? If not, Mr.
Ripley would provide a comment here.
Ronald Ripley: This is another Hertz location. It's the former Shomiers General
Merchandising location. The property is improved with somewhat residential looking
improvements, and you can see it on the screen there. The same general conditions of the
first Hertz, which is limiting the time of operation and putting the vehicles to the back
and storing the vehicles behind and not up to Virginia Beach Boulevard and no repairs. In
addition, the Commission asked the applicant if he consented to not placing a sign onto
the building. Certainly, they would be able to have a sign like you see on the screen,
which says Shomiers. It's a displayed sign, which is out on the boulevard but not up on
the bui1ding. They agreed to that so we placed this on consent also.
William Din: Thank you Ron. I'd like to make a motion to approve Item #6 Hert.:: Local
Edition, a Conditi,mal Use Permit application for motor vehicle rentals at property .:m
3205 Virginia Beach Boulevard in the Rose Hall District with six conditions.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. I'm sorry,
Mr. Miner?
Item #6
Hertz Local Edition
Page 2
Robert Mi11er: Madame Chair, I need to abstain 1Tom Item #6. My firm is working on the
project.
Dorothy Wood: Thank you sir.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABS I
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
ABS
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board.
1# 1 DATE 1 REQUEST I ACTION
1. 7-3-01 Conditional Use Permit (Church) Approved
8-10-70 Conditional Use Permit (Billboard) Approved
4-13-70 Conditional Use Permit (Billboard) Approved
10-14-68 Rezoning (R-S 4 Residence Suburban to C-L 2 Limited Approved
Commercial)
2. 3-27-01 Conditional Use Permit (Bulk Storage Yard) Approved
3. 5-9-00 Conditional Use Permit (Church) Approved
4. 5-14-96 Conditional Use Permit (Motor Vehicle Sales and Storage) Approved
Condilional Use Permit (Rehabilitation Center)
9-17-91 Approved
5. 8-27-96 Conditional Use Permit (Bulk Storage Yard) Withdrawn
4-26-94 Conditional Use Permit (Motor Vehicle Sales) Approved
6. 8-12-03 Conditional Use Permit (Private School - addition) Approved
7. 3-12-02 Conditional Use Permit (Small Engine Repair) Approved
10-26-99 Conditional Use Permit (Motor Vehicle Rental) Approved
8. 7-2-02 Conditional Use Permit (Church) Approved
9-26-00 Conditional Use Permit (Church) Approved
9. 6-8-93 Conditional Use Permit (Automotive Repair) Approved
1-28-92 Conditional Use Permit (Bingo Hall) Approved
10. 12-3-02 Conditional Use Permit (Church) Approved
11 7-6-93 Conditional Use Perm~ (Truck Rental) Approved
4-13-93 Rezoning (R-7.5 Residential to B-2 Commercial) and Conditional Approved
Use Permit (Mini-warehouses)
12. 11-14-95 Conditional Use Permit (Service Station in conjunction with a Approved
Convenience Store)
13. 11-25-03 Conditional Use Permrt (Motor Vehicle Sales) Approved
12-12-95
Rezoning (R-7.5 Residential to B-2 Commercial) and Conditional Approved
Use Permit (Motor Vehicle Sales)
ITEM: Hertz Local Edition - Conditional Use Permit (motor vehicle rental)
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Hertz Local Edition for a Conditional Use
Permit for motor vehicle rental on property located at 5476 Virginia Beach
Boulevard, Suite 112 (GPIN 14674822940000). DISTRICT 2 - KEMPSVILLE
.
Considerations:
The applicant proposes to operate a "Hertz" motor vehicle rental business on the
site. The applicant will occupy Suite 112, which is 1,260 square feet in floor area.
A staff of three will be available to assist customers. There will be fifteen vehicles
available for rent. The vehicles will be parked at the back of the center in a
designated parking area. The proposed hours of operation will be Monday
through Friday, 7:30 am to 6:00 pm, and Saturday, 9:00 am to 12:00 pm.
The proposed motor vehicle rental is consistent with the Comprehensive Plan
recommendations for the area. Limited commercial activities that provide desired
goods or services to residential neighbomoods are considered acceptable uses
provided effective measures are taken to ensure compatibility. The proposed
hours of operation and restricting the parking area of the rental vehicles are
effective methods for insuring compatibility.
The existing center was developed on the site in 1987 and is occupied by several
small service and personal service uses, offices and retail uses. Additionally
several automobile related uses are located in the area. The proposed use is
compatible with those uses.
The Planning Commission placed this item on the consent agenda because, as
conditioned, it is compatible with the surrounding uses.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request with the following conditions:
Hertz Local Edition - 5476 Virginia Beach Boulevard
Page 2 of 2
1. The hours of operation shall be Monday through Friday, 7:30 am to 6:00 pm. and
Saturday, 9:00 am to 12:00 pm.
2. The fifteen motor vehicles available for rent shall be parked in the back of the site
as depicted on the submitted plan titled "Exhibit of Hertz-Scores Plaza, 5476
Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and
dated 06/01/04. Said plan is on file in the City of Virginia Beach Planning
Department.
3. There shall be no panel trucks, utility type trailers or moving type trucks available
for rent on the site.
4. There shall be no vehicle repair performed on the site. There shall be no storage
of inoperable, wrecked, or dismantled vehicles on the site.
5. Signage is limited to building signs only. There shall be no signs placed within
the windows or on the doors. There shall be no pennants, banners, streamers or
portable signs placed on the site or on the vehicles.
6. All lighting on the site shall be directed downward and into the site. There shall
be no light spillover onto adjacent sites or the public right-of-way.
7. All fencing around the perimeter of the site shall be repaired or replaced, where
needed.
8. Existing landscaping is unkempt and shall be bought into a maintainable
condition, i.e. pruning shrubs, trimming trees, and replacing ground cover. Street
frontage landscaping shall be installed, or augmented where necessary. All dead
landscaping on the site shall be replaced, where needed.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~~
City M.nag.~ ( , ò-ß oh
,-<\~i;'8"i¡;;.
r..,'?J... '..-/,.'
".'". "'To.. ,.
f~~.ît;ff
CO6-219-CUP-2004
HERTZ LOCAL EDITION
Agenda Item # 1
August 11, 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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Conditional Use Permit request for Motor Vehicle Rental
Property
located at
5476 Virginia
Beach
Boulevard,
Suite 112
14674822940000
2 - KEMPSVILLE
HERTZ LOCAL
Agenda Item # 1
Page 1
SITE SIZE:
2.96 acres
EXISTING
LAND USE:
An underutilized shopping center currently occupies the site,
SURROUNDING
LAND USE AND North:
ZONING:
South:
East:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
. Small Service Businesses I B-2 Community
Business District
. Virginia Beach Boulevard
. Across Virginia Beach Boulevard are Small Service
Businesses I B-2 Community Business District
. Multiple-family dwellings I A-18 Apartment District
. Davis Street
. Across Davis Street is a furniture store I B-2
Community Business District
There are no significant historic or cultural features associated with
the site.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
- ---,'-"-_U_"
: ¡:¡;;:'z, Sco'es Plaza
; ::"::=,';;::.
U --'
,'"-; ~: r :\.'
'. ~ ,\
"i"-----,,',,' ::.
i[~~!~'.r:
. ",..,,",
~;:i~~'\
jY"'-,.
~~..~
Summary of Proposal
The applicant proposes to
operate a "Hertz" motor vehicle
rental business on the site. The
applicant will occupy Suite 112,
which is 1,260 square feet in
floor area. A staff of three will
be available to assist
customers. There will be fifteen
vehicles available for rent. The
vehicles will be parked at the
back of the center in a
designated parking area, The
--
"-".. ".~
'-,'-' "'
"- ...._",.
""","".'",,,.
,"'",..'..",""""
\"
~
1\1,- =
~~~~~,,:l£~..,.,-
HERTZ LOCAL
Agenda Item # 1
Page 2
proposed hours of operation will be Monday through Friday, 7:30 am to 6:00 pm, and
Saturday, 9:00 am to 12:00 pm.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request ;s largely based on the degree to which these
issues are adequately addressed.
. Consistency with the Comprehensive Plan recommendations for the area.
. Compatibility with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan Map depicts this area as Primary Residential Area. The land
use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of
the stable neighborhoods located in this area. The established type, size, and
relationship of land use, both residential and nonresidential, in and around these
neighborhoods should serve as a guide when considering future development.
The Comprehensive Plan policies for this portion of the Primary Residential Area
recognize Virginia Beach Boulevard as one of the City's major commercial and
economically viable corridors. All new commercial development in this area should be
consistent with the goals of providing an attractive, safe and quality physical
environment.
HERTZ LOCAL
Agenda Item # 1
Page 3
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 proposals
strengths in addressing the 'Major Issues' are as follows:
(1) The proposed motor vehicle rental is consistent with the Comprehensive Plan
recommendations for the area. Limited commercial activities that provide desired
goods or services to residential neighborhoods are considered acceptable uses
provided effective measures are taken to ensure compatibility. The proposed
hours of operation and restricting the parking area of the rental vehicles are
effective methods for insuring compatibility.
(2) The existing center was developed on the site in 1987 and is occupied by several
small service and personal service uses, offices and retail uses. Additionally
several automobile related uses are located in the area. The proposed use is
compatible with those uses.
Staff, therefore, recommends approval of this request subject to the conditions below.
Conditions
1. The hours of operation shall be Monday through Friday, 7:30 am to 6:00 pm, and
Saturday, 9:00 am to 12:00 pm.
2. The fifteen motor vehicles available for rent shall be parked in the back of the site
as depicted on the submitted plan titled "Exhibit of Hertz-Scores Plaza, 5476
Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and
dated 06/01/04. Said plan is on file in the City of Virginia Beach Planning
Department.
3. There shall be no panel trucks, utility type trailers or moving type trucks available
for rent on the site.
HERTZ LOCAL
Agenda Item # 1
Page 4
4. There shall be no vehicle repair performed on the site. There shall be no storage
of inoperable, wrecked, or dismantled vehicles on the site.
5. Signage is limited to building signs only. There shall be no signs placed within
the windows or on the doors. There shall be no pennants. banners. streamers or
portable signs placed on the site or on the vehicles.
6. All lighting on the site shall be directed downward and into the site. There shall
be no light spillover onto adjacent sites or the public right-of-way.
7. All fencing around the perimeter of the site shall be repaired or replaced, where
needed.
8. Existing landscaping is unkempt and shall be bought into a maintainable
condition, i.e. pruning shrubs, trimming trees, and replacing ground cover. Street
frontage landscaping shall be installed, or augmented where necessary. All dead
landscaping on the site shall be replaced, where needed.
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.
HERTZ LOCAL
Agenda Item # 1
Page 5
Supplemental Information
I REQUEST
Conditional Use Permit (Church)
Conditional Use Permit (Billboard)
Conditional Use Permit (Billboard)
Rezoning (R-S 4 Residence Suburban to C-L 2 Limited
Commercial)
Conditional Use Permit (Bulk Storage Yard)
! ACTION
Approved
Approved
Approved
Approved
1# I DATE
1. 7-3-01
8-10-70
4-13-70
10-14-
68
2. 3-27-01
Approved
HERTZ LOCAL
Agenda Item # 1
Page 6
3. 5-9-00 Conditional Use Permit (Church) Approved
4. 5-14-96 Conditional Use Permit (Motor Vehicle Sales and Approved
Storage)
9-17-91 Conditional Use Permit (Rehabilitation Center) Approved
5. 8-27-96 Conditional Use Permit (Bulk Storage Yard) Withdrawn
4-26-94 Conditional Use Permit (Motor Vehicle Sales) Approved
6. 8-12-03 Conditional Use Permit (Private School- addition) Approved
7. 3-12-02 Conditional Use Permit (Small Engine Repair) Approved
10-26- Conditional Use Permit (Motor Vehicle Rental) Approved
99
8. 7-2-02 Conditional Use Permit (Church) Approved
9-26-00 Conditional Use Permit (Church) Approved
9. 6-8-93 Conditional Use Permit (Automotive Repair) Approved
1-28-92 Conditional Use Permit (Bingo Hall) Approved
10. 12-3-02 Conditional Use Permit (Church) Approved
11. 7-6-93 Conditional Use Permit (Truck Rental) Approved
4-13-93 Rezoning (R-7.5 Residential to B-2 Commercial) and Approved
Conditional Use Permit (Mini-warehouses)
12. 11-14- Conditional Use Permit (Service Station in conjunction Approved
95 with a Convenience Store)
13. 11-25- Conditional Use Permit (Motor Vehicle Sales) Approved
03
12-12- Rezoning (R-7.5 Residential to B-2 Commercial) and Approved
95 Conditional Use Permit (Motor Vehicle Sales)
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP):
Virginia Beach Boulevard in front of this site is
considered and eight-lane divided major urban arterial
as de icted on the Master Trans ortation Plan.
Generated Traffic
Traffic Calculations:
Street Name
HERTZ LOCAL
Agenda Item # 1
Page 7
I Existing land Use'
Virginia Beach 41,000 64,260 - 54
Boulevard ADT 1 ADT' .
I Proposed land
Use J - 54
Average Dally Tnps
'as denned by exlslmg use
3 as defined by proposed use (no change)
Public Utilities
I Water:
I Sewer:
I The site is connected to City water.
I The site is connected to City sewer.
Public Safety
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
strate ies as the ertain to this site.
Police:
Fire and Rescue:
HERTZ LOCAL
Agenda Item # 1
Page B
Exhibits
Exhibit.
Aerial of Si
Locatic
HERTZ LOCAL
Agenda Item # 1
Page 9
,I
tU
N
tU
õ:
VJ
QJ
01-
u '" c
vd~
I ~ J!:
, ~ c ~
I' õ '- f .::
." QJ " ..
: ~.,.. ~ ~
w-'-~"
I-Jj;'\'~~;'i'i~~,:!;!':~ \ .~~
: \ : ŒL " ! ;' ~~'j: -".~.'
'---i ~i
. I
!¡ lY-:-~d :~j
1 [ C;"!.~,
I'-'~ tu ~
".,!,UC=:.JL-:o:=:J
Illil:
'"
~<J
~:!:
~:r.
ú
"';Of-
~zC~
~ë;~
"zz"
¡:;;¡;¡o:
:>""",
"'«~
~~~:::
;¡,
~ ¡
.. ~
"",:0
...::
<J
if
~ê
f-:>
z"
i!"
o~
5'"
é:
,,'"
,,2::;:
!3OJ~
~!,!~
~t:~
~c::.
/'
/
/
1.1
H'z
'" ~]5
II
'I
I,
TI' I i
------_..
=a~".
~j
~I' j j!
- f ¡
<Ii f¡ì~
1'. t ,:
;¡J .~¡
~~~
-¡It
;~ Hi
$IIH
~11P
~~ u~
D~ .,!
. I I'
~ - It
!It
Exhibit B
Proposed Site
Plan
~
~
HERTZ LOCAL
Agenda Item # 1
Page 10
Exhibit C
Photograph 01
Proposed Unit in
Shopping Center
"-~
HERTZ LOCAL
Agenda Item # 1
Page 11
f-'
z
w
:¡:
W
f-
<
iñ'
w
a:
:J
(fJ
0
.J
U
~
,0
~_t
'.'," "
. '
IE~
~~H
or>;:
z'
0 :;
;: ,
is.-
c c
"..
"
~
--
~
,.. ~ {'
(:j ~ é :' ;
~:;H~3¿
-
f-
Z
W
:¡:
W
f-
~
f-
(fJ
W
II:
:J
(fJ
0
.J
U
(fJ
Õ
~~
::> ;.
;31;
g:
is c.
z"
" "
u, .
r i',~
.~
-tH
Hn
--
, .
. '
,- c'
0 0..
,
"
,
~ , c
~ ~ "
0 " ,
c,õCO
" =--
"
,,~¿õ
~n¿
HH
õ' s ~ "
, Hi
,.
h
êf
~:
õ;
. .
H
H
" <'
~~
~~
0, ê '.
--
~r,
C c ' - ,=--,' ----~.' ---~"--.' ~,::~ ::-;
~ i '-,; .. .
,<C, (-~::;;~
---',.:,~-~.~.--
HL -; ~ ë ,
',;,", ..
, , , .. .. c .
. - .
!!!¡H¡¡I¡I¡
.:¡
--
,
.,
'-'
5 c '-
;3 - -: [~
~ "' c' ~ '
is
" ;
.. "
_. ,
-
, ,
; õ
.' >
'-' <
H
,
L
¡;~.-
i ~ :,~.
H.-
~ '
§ ~
F ---
~'
".
:i '---
0,
~:: ,
u - -.,-
!;;', .
¡r:,"
w'
u _C
e
Exhibit D - 1
Disclosure
Statement
,.
",-,
-
2'
. .
t ~
:;~
. ..
'>
..
--.. ,
~
(3
"- ~
..
. a.
~5 ~'
. .
, c
:: c
'.. "
;0 ~
. .. 0
>¡;¿ l
'. "-"" ,
.. ' ~ ~ ~
.. '--
HERTZ LOCAL
Agenda Item # 1
Page 12
¡~¡~i~~i~ii~~i~i~i~;2,
:::;:;:;;;¡;;;""~"""";;;;"""~
jjjJ;JjjjJjjjjjjJjJ;~=
g
--------------------. .
------------------..--.
----------------.--....
"------"-""-----.-
-----..-----------.-----
.'"" '" ".",. ".. ,.,. ..
----.---.----------.--. -
. """.._", ., .,..,. , ,
"""",.",. , , "" ,
~~~<c~~~.~c~~-.~..'---
I Will!lillIIU!!"!
--
~
"
-
-
-
¡- " ~
h~ ~
nm
-
~
~
i
-
~IH
~ !n
."
~
~
;.;
$
,
-,
~,
;
-
- - .
- - ---
-
I~j~
C',,- .,
fU~
IJIHH ~!~:.
~
,
-"
-
-
i
f.
,
7.
z
-
-
i 3 , 3 §
¡mWWdi
'-C~i::3.?;~ '
" - ."
! ! "'" ; ~
.'.S" ~"f
~~~¿~::
- - . - '.-.
~~-==-
- -
-. " "
-
0 = ~ -
- -.
.-
..' ~ c
..
~¡
B
I
Exhibit D - 2
Disclosure
Statement
.'
..
-
HERTZ LOCAL
Agenda Item # 1
Page 13
Item #1
Hertz Local Edition
Conditional Use Permit
5476 Virginia Beach Boulevard
District 2
KempsvilJe
August 11,2004
CONSENT
Dorothy Wood: I will turn the Chair over to Wi11 Din, who is our Vice Chair. He is
going to handle the consent items for us.
WilJ Din: Thank you Dot. Today we have eleven items for inclusion on the consent
agenda. As I call each of the items, would the representative or the app1icant please come
to the podium, state your name, your re1ationship to the application, and thirdly, state if
you have read the conditions and agree with those conditions. Then 1 wi11 ask for
opposition. If there is any opposition to that consent agenda item then we will probably
be dropping it down to our regular p1ace in the agenda, as read in our original ruJes. The
first item that I have is Item #1 Hertz Local Edition. It's an ordinance upon application
of Hertz Local Edition for a Conditional Use Permit for motor vehicle rental on property
located at 5476 Virginia Beach Boulevard, Suite 112 in the Kempsvi1Ie District.
Mike Perry: Good afternoon Madame Chair and members of the Planning Commission.
My name is Milre Perry. I am a local landscape architect. I am representing the
app1icant. We have read the conditions, and they are agreeable.
Wi1I Din: Thank you. There are eight conditions there. Is there any opposition to placing
this on consent? If not, we have a comment by Mr. Ripley to explain why we are placing
this item on consent.
Ronald Ripley: Thank you Will. The Planning Commission reviewed the property and
reviewed the staff report. This is an application where Hertz Rent-a-Car is going to rent
retail space in a small shopping center on Virginia Beach Boulevard, at the intersection of
Davis Street and Virginia Beach Boulevard. With the precautions and the conditions that
the staff put on this particular Use Permit, informing them of the time of operation, and
parking of the cars in the back, and not doing any work on any vehicles, building signage,
as well as repairing the fencing in the back, which has gotten a bit ofrun down. We felt
that item should be placed on the consent agenda. That is what we did.
William Din: Thank you Ron. I'd like to make a motion to approve Item #1 Hertz Local
Edition, a Conditional Use Permit for motor vehicle sales in the KempsvilJe District with
eight conditions.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. I'm sorry,
Mr. Mi11er?
Item #1
Hertz Local Edtion
Page 2
Robert Miller: Madame Chair, I need to abstain from Item # 1. My firm is working on the
project.
Dorothy Wood: Thank you sir.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAYO
ADS I
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
ABS
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board.
, Mop H Zo '
, "" "". 01"9 Hist
; , ory
,oct! ,0 '" onalh R
0'45,: , 0°0 '"r'1"IQ'",P,," ,,' a,n, .T?O
,~: '~', ! "', é"~'Ì"', ," oo,q,' 0 n.zn
--;:1 N' ' R ~" r-"'" ,,' 0'
~' / ""~~\ -:):0, c',:~~,D '" '~~,5fr\;
!,~,~,,/ '-D'" ",~"
, ,"~' "", "', D ' ",' "~' ". '
-,' ,j, '"I, "",.0 "'D""" " i" \ ",
¡" ",i \ ,,-~,c~J"\,' Q ",,0;;_:',--0--- ~" \ [J" 0 dO" '
"", o~' 'D JD ~ '
.' .,,;.12 ~¡;¡\ ,""':, ',' ,-' ,-,:,
, ,It \\~,,:~,,:,:::~:,,',~"".,.:':
o~!l§rr~Y"\rlO,loní1\@ í:J ",,o \\cj,Û\~,
;~ ~ ;f' - '~r"?;\"'1::/. '-m~, Q ,...---/ '."p 0 Yo':,' °
,-~TEiuŒL,.J',,!'-'~o ,Dbel, \~(;¡¡,,'O~ '°:ùg ,', þ_'¡¡¡:r-\,
'--i L¡AVE. '{W, \,~r\n \~,o ,.---- ~ ' '" ~~~- ¡-
~",/T ,',3tr ',,' 0, ,.' I
" "' , ' ,"! , ;0' "c" ,'I' '" '
COC( ,',""",'01" 0\001:\,,'0')4(15- ,,""0"","""".0" q. "
,'~ 0' , ".\ fa' ~1"oDI .;¡j èJ' eJ 0': ",I,e;;¡" " '"Ic:
! )\\ c-B, \ ' " ,0 'Ii, " '" '-"'"
ir'5-q::f\;~cl~f, ~~: r~, \",'~,,;I;:\\
(~~' '-D-,J\CJ'ICR>,_'r\- r:L---\, "',-"-. ":0,\ ,I ,:
" "I ",am~\,\J"'\""O'"
, [",', I " ' C'", \Q'
cUP' 0'1' " ' ',,' ..'P~-,,"J
, lor Home () " _\ I " -q \ - \~ " !;.;,'
u,upatlOl] \ I :
122
1# I DATE I
1 09/17/84 REQUEST
Rezoning from R-B to 1-1
I ACTION
Denied
~
. -h
~"--:&
t.='
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Jonathan R. King - Conditional Use Permit (home occupation - firearm
sales)
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Jonathan R. King for a Conditional Use Permit
for a home occupation (firearm sales) on property located at 224 Gatewood
Avenue (GPIN 24070256260000). DISTRICT 6 - BEACH
.
Considerations:
The applicant desires to continue his business involving the sale of small-scale
firearms out of his home. The business consists of the applicant selling small-
scale firearms to customers on a special order basis. No inventory is kept at the
home. The applicant has been conducted the business for the last 13 years.
Upon renewing his license for the sale of firearms, the applicant found that
federal regulations now require that the applicant present evidence of zoning
approval from the jurisdiction within which the applicant is located; thus, the
applicant seeks the requested Conditional Use Permit. The hours of operation
are from 6:00 PM until 9:00 PM Monday through Friday by appointment only.
Occasional shipments are received from UPS, Federal Express, etc. The home
has an alarm system and any firearms awaiting delivery are stored in a locked
metal box.
Staffs evaluation of this request reveals the proposal, through the submitted
materials, adequately addresses the issue of compatibility with neighboring
properties. The proposed business is within the characteristics outlined in
Section 234 Home Occupation of the City Zoning Ordinance and will have no
impact on the surrounding neighbortlood. There are no employees; there is a
very small number of customers coming to the house; and a low number of
deliveries.
There was opposition to this proposal.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
Jonathan R. King
Page 2 of 2
1. Not more than 20 percent of the floor area of the dwelling unit and accessory
structures shall be used in the conduct of activity associated with the home
occupation.
2. There shall be no sign identifying the business on the exterior of any building
on the property or within the yard of the property.
3. The Conditional Use Permit shall be administratively reviewed on an annual
basis.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~~
COy Yo..- ~ k- ~ ~
<~~'ili£~~~/ì,;,
,!¿..., 4- \;:;';',
t;(- -- Jij
'-'- "., ,.' ,~,
'~'~-~.~:::;,::;
107 -216-CUP-2004
JONATHAN R, KI NG
Agenda Item # 15
August 11" 2004 Public Hearing
Staff Planner: Karen Prochilo
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.
REQUEST:
APPLICATION
HISTORY:
LOCATION:
GPIN:
Location and General Information
Conditional Use Permit for a Home Occupation at 224 Gatewood
Avenue,
This item was deferred at the July 14 public hearing due to the failure
of the applicant to post the required notice on the property-
Property
located on at
224
Gatewood
Avenue,
24070256260000
, , ,"', ToYßtba'Jo R. Kin~
: D"j," þ_,~rtp: o"o-'R'~'5&' c, " "I
--=~:i>, 'R-SD "p--":-'- '5;-. ';... ' '- "I
ŒJ:J-"'/-_-'c"",-",.~-:.,;,D ""',,"o,cP'-,;
-'-4'~---:",o"",a;ö c;k'éJ'. - \!
, Q' V.Q 0 D W - , "",p> , ~ ] ~,.21
"'-å-'2W;:> ,-~~a!i~~oG~{":'
U,,- i¡i,;""'~Qs:j:q.QjQr,--' ~ "'R"c~D'," I
",-"~¿:",\-;;,,-:--~".c:,:';1J;I¿:,,, ,",
:~~:A""i~\-\~--!~:~~Q"~.l ¿'Ô\~Öø¡¿\ i- II
-"' /"~..J.,.,,,"":'~d\:J'ð ¡9ÇJ~'>_'--si>Œ.r " ,
- ~c'~D ,,:::¡;-~::~oo~,:\ 'i,:- ~:_~.-' 0,:"',1
'L.~-- ---;,:,:r'" co ",-, cR JD ^."
Cl-!~!"'H""w,¡""p_1I,,'n
JONATHAN R KING
Agenda Item # 15
Page 1
COUNCIL
ELECTION
DISTRICT:
6-BEACH
SITE SIZE:
15,000 square feet
EXISTING
LAND USE:
The property is currently developed with a single-family dwelling and
zoned R5D Residential District.
West:
. Single-Family Dwellings I R-5D Residential District
. Single-Family Dwellings I R-5D Residential District
. Single-Family Dwellings I R-5D Residential District
. Across Gatewood Avenue are Single-Family
Dwellings I R-5D Residential District
SURROUNDING North:
LAND USE AND South:
ZONING: East:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The property is developed with a single-family residence and
contains residential landscaping.
AICUZ:
The site is in an AICUZ of greater than 75dB Ldn as well as in APZ 1
surrounding NAS Oceana.
Summary of Proposal
The applicant proposes to conduct a business for the sale of small-scale firearms out of
his home. The hours of operations are from 6:00 PM until 9:00 PM Monday through
Friday by appointment only. An approximate volume of customers would be 15 per
month. Occasional shipments are received from UPS. Federal Express, etc.
The home has an alarm system and firearms are stored in a locked metal box
Major Issues
JONATHAN R KING
Agenda Item # 15
Page 2
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 of home occupation with neighboring properties.
Comprehensive Plan
The Comprehensive Plan designates this area of the city as part of the Primary
Residential Area. Home occupations that meet the requirements established in the City
Zoning Ordinance are appropriate conditional uses within residential districts.
Staff Evaluation
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses the 'Major Issue' identified above. The proposed business is
within the characteristics outlined in Section 234 Home Occupation of the City Zoning
Ordinance and will have no impact on the surrounding neighborhood. There are no
employees, there is a very small number of customers coming to the house, and a low
number of deliveries.
Staff, therefore, recommends approval of this request subject to the conditions below.
Conditions
1. Not more than 20 percent of the floor area of the dwelling unit and accessory
structures shall be used in the conduct of activity associated with the home
occupation.
2. There shall be no sign identifying the business on the exterior of any building on
the property or within the yard of the property.
JONATHAN R. KING
Agenda Item # 15
Page 3
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.
JONATHAN R. KING
Agenda Item # 15
Page 4
Supplemental Information
Zonina Historv
onathan R. [(in
! / O"\,U"'n,',\,'OGi,I°"\O, ,'<.
~O!,. '0 iQ"ol°c,;"'do' I ,\0,,-
, Do"O ; / \ ?~~~I:,-' d, ',', -.I \, ': \', \D'~'\5f!, -r-" ,\ "-'--,
, I ooc ,II , 0" 1" '-~ \ ,~,' -
-- N!~~, / R- ',O,-- "00" ,':"'1 I, c,' ( ,
[£']_1 1/ 1"8 " \ -\,,-;"'\ ,j), - \,'::,--D---;B¿S\"C'"d,G \ '" 'I
-. / \ I\"""L-----õ '\):W"I..__;,
/ ",/ ~ ~V 3 \~\ d'D"",,' '~-,'-:::---~-':--;- \ I ..::2 '
- -;~, r2fQ\O\~I,L \~~,(':cs-..'{/~, , .. \ C:::P ( \, I
u ,,1J6! ,j/ I~I~~~~\-~ ~," ""'\'ii,9 ~ð~~;c\ ~ j
-~/71~\ QQJ,~ ~\oQ ~ ~,/ _tS-=-'~'~ j
(~~" (1~ \ '" ~ \~, o~o 0\ 0 \-u- ~ 0,,), '.. OJ~\ ~::]'" :
-7.1£~T,i~I~:~~\" \ °'\ ~\OO~O Jt"g ~:'Ô,è.,' ,0 Q,C " '
/ f i I \ j:~' 0 \';. \ ~ Ô' Y'\ C6~' 1-- srø:r: ':, '
/00',[ 10olJ..~,>v CËJ,\D,,\,,' .1"1,, -",,--,:,",:'---,,' ,,'o'n,",
,~~ -~\~ 0\ ... --', ~...-=--, - ,..--,\G\ v' "
f f\1,_~"~-,.:::'~-\'\ ~o '~\ \ , ' ::
~'~, ""'1~~\' \.¿:-~'O'\ ,e",,' ':
/1 \ -'~,¿ ~ L~d\ð\~~aro Ð \~', \-, DOl' ... J4sif\"< " Cd,,', ),
oo¡ff, ~\ '\I~\'-.-D-\ ""<')
~~-, \0,' c', '~O\ -,',
cUP ror Home Occupation
Map 1-7
Moc "O\ co "cole
I# DATE jREQUEST
1 09/17/84 Rezoning from R-8 to 1..1
I ACTION
Denied
JONATHAN R. KING
Agenda Item # 15
Page 5
Public Aaencv Comments
Public Works
I No data available.
I Traffic Calculations:
Public Utilities
Public Schools
I School:
I Not applicable - No Comments
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
strateqies as thev pertain to this site.
Fire and Rescue:
Storage of small arms ammunition in residences shall
comply with Sections 3306.4.1 and 3306.4.2 Small Arms
Ammunition of the International Fire Code.
JONATHAN R. KING
Agenda Item # 15
Page 6
Exhibits
Exhibit,
Aerial of Sil
Locatio
JONATHAN R. K~N1~
Agenda Item 7
Page
I C,O , ,
!;;:~.~:~~:;~~~:i:':}"~:~"~~.;"':"::'~ . "j{~I' ;: ~i~-
'-==--=-:::::s--+--- 3"-'
-~,;'F:_- i"'O,P ---- _J,
1"")1
Q
'n
',,'
"
"
~
~
:ì
::;8
1- ,,'
I '
~ 1
t
i'
~:
,¡
~
i,df
~,
.
\Jj
::2,
)-
,~
2
u
:,¡
'-
,
,,--;\~'" oot"~L ,
Exhibit 8
Site Surve)
If' -;i:
3' ,ö'
r~ ,'~~~l I
~ - "~ i
~ ----"'~--,-1 r--¡j-- ':~' i
, II ,~~'-r ~- - 'I-'~
/ ' 1\ ( ;,.. J :
.. ,--->~,,~~'~, "\i~1t,"
I;'
1-:
I I 'f,
, 'I '"
, ,~
I :
-,,-!
3'P,
-~- -h>TJ ,
: ~~" .>,~.. ,,'
l'~/~::- ~I
"
-"', "'I
~---:,~",A-
"
,<,,', ~
1-1 7QJ~'\A: ,aç,o<,'\
I i
I'
I, Ir",,:)----
G...'-JrE \/\/00[.'
AC"" "'V E
(6' D)
""YS;DL OO""Y
u,'
U'~ '"
REVISrD "LAX Of
GAnWCOD P.R' En"u
LOC,WED HC'. LOlmO" "'10(;"
'-YHNBAVON IrQROU"" VI""'HTA ,",<>1. ilRGW¡,\
FD"
,a.ATHAN R, . ô1J<R"'" ^, ":;0
..,.,;,-
~
-'L~
'^""" , ""',,.,,'- "_C,
',r-"" "',"'n ,""
'".Ie ,'"..v""'"",, ""^"
"""i"", "",,"'. 'n,'","". -"'"
ro"" ',",-, "".
,,",', ,I,.,. :,.0, ,.)-j'
JONATHAN R KING
Agenda Item # 15
Page 8
z
<=>
Þ--C
~
C..)
Þ--C
~
~
~
E--«
~
~
~
~
CI':J
P
~
<=>
~
~
~
0
z
0
u
DISCLOSURE STATEMENT
,----",---
--
APPLICANT DISCLOSURE
If :he applicant IS a coroorotion. partnership. firm. business, or other cnlflcorpcrated
organization. complete the following'
1 List the aoplicant name followed by ',hE names of ail off cers, "'embers. :¡u"ees.
~artners. etc. below: (Arlaen/ist i.' necessa~('
JONATHAN R, KING
-----
2. List all businesses ,h"t hove a ;:ar"n:-subSlc,ar, or aff,l,a;ed [cs,ness entitf
relationship w,th tho "~olicant' '-"naen ¡;Sl ¡{ neces;ar.>';
KING 5 F,REArtMS
-------
----
0 Check here If the applicant IS NOT a corpcration, .,artnership. ¡,r", business, or
other un'ncarperated organization
PROPERTY OWNER DISCLOSURE
Complete Ihls section oniy if property owner is till/eren! frem applie¿w
If the property owner '.s a corporation. partnership. firm. bl1,-'.ness or ,other
unincorporated organizatIon. complete the following:
1 List the proper:y owner name followed by the names oj ,;11 officers members.
:rustees partners. ete, belew: ¡Arlac/l Us: if necossar/,'
N/A
-..,
..---
-, List all businesses that have a ,arent-subsidiary' cr aftil,ated cosiness ent.ty-
relatlonsnlp Nlto 'he applicant: l'A!tDCh I'sf .f necessa~,)
NiA
___n_-
------------------
1!!S Check here it the pre;oer:, swner IS NOT a 00/00,"1101' ~"C,n'è":'Il' ;',m l:l.SIC."C_,
or other urinccrporatec orçanizatlor
& - S.. "'." pa<)e '0' :"o"m"
---
---
.:0-."""" c" 'o~" "",0,"',-
"';. 'c ",--
..",,"" O-'~Cv'
Exhibit C
Disclosure
Statement
JONATHAN R. KING
Agenda Item # 15
Page 9
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
L,sl all <Ilown contractu" or JUSloesses tr.a! 'leve or wul s~r/'ceo w,tI' r"s;Jeet
to 11'.= I'ec;cested ;Jro,erty 3se, Including êul rei ",'.'ed 1= ',rC',',.Ja', "","",,e:c,':,1
sec.-ices, 'Ðal estete services, ¡inanclal s('r"c,,", Clcoo'Jnll,1;'; "eo"c",. ane I,"""
i 5er','loe" ¡Altach lisl If nceossor;: "
UPS. USPS, FEDERAL EXPRESS
-----"--
'P2fent-subsidlary relationship" means 3 relationship Ir,al exists wlle,n one
""rporairan directly or indirectly owns shares possessing mere than óO percent of tile
voling power of another corooratien," See State and Local Governm"nl Conl'r:t cf
Inlerests Ac', Va Code § 2.2-3','cl,
, "Affiliated buSiness entity relationship' means "a relationship, other 'n"n
;Jar2nt-sobsiciary relatiocship, ;hal exisls when ii, one business entity has ê
I controlling ownership interest In tce other bUSiness entity, "i) a conlrolling owner in
¡ one enllhi is also a controlling owner in tr,e ethee entity, or [ili) tllere IS shared
, management er control cetween the business entitles, Fac,ors that should be
consioered In determining the existence of an aifiliated buslcess entity relationship
Include 'hat the same person or substantially the same person C','in or man"ge the hvo
entities, ihere are common or commingled funcs cr assets: the "usiness en"t,es shi'.'e
tr,e OS8 cl it", same offices or employees or oloer.'!,se share acli'"tles, resCcrces or
perser,nel on a regular basis; or Iher~ is other,'l,se a close working relaticr,sr,lp
celween the entities," See State and cocal Gc'lernCle"t Con!:lcl of '-,terests Act. Va,
Code § 2.2-3101
- ---------
CERTIFICATIONt I certify that Ihe In;crmallon contained herein is Ir'je and acollrale
I uncerstand that upon re'ceipt of nclitication ipcstcardj tr,at the appiicet,cn hos teer,
sc"eduled for puolic hearing, I am respcnsl~le fer G",a:ning and pos:lcg the io"urrec
sl:;n on the subjec: propertv at leas: 30 coys prior t~ tr,e sclleculcd puo,ic hc"ring
according 10 the i Iructions in thiS ;Jadage,
JCNATHAN R, KING
P',,' Name
'" ,I" ~o-e
O:oe :1! C'wne's S,gcõ'cce Ii< c'Heron' 'ra' 30:I,~aC!'
","0"',"" ,""
~z
0
ÞOO--c
~
t...:'
~
~
~
~
f--4
'~
~
~
~
CIJ
I:::::>
l~
Z
0
~
f-c
t---f
Q
Z
0
C-)
JONATHAN R KING
Agenda Item # 15
Page 10
Item #15
Jonathan R. King
Conditional Use Permit
224 Gatewood Avenue
District 6
Beach
August 11, 2004
REGULAR
Joseph Strange: The next application is Item #15 Jonathan R. King. An Ordinance upon
Application of Jonathan R. King for a Conditional Use Permit for home occupation
(firearm sales) on property located at 224 Gatewood Avenue, District 6 Beach.
Barry Koch: Good afternoon. I'm Barry Koch, attorney and I represent the applicant Mr.
King. So you understand, Mr. King who is a gunsmith with the Navy works for the
government fixing those machine guns they use allover has developed a knowledge of
guns and has a reputation in the community knowing about guns. He previously had and
has had for some time a BA TF license. However, upon his renewal coming up
regulations have changed that require certain requirements to be met which necessitated a
residential location where guns would be sold. Obviously, he sells very few guns but he
wanted to be able to continue to do it at his home. Therefore, the Conditional Use Permit
has been applied for that purpose. There is never going to be more than one person
coming by there. He really doesn't advertise to the public so there is not going to be a
sign. Nothing is really going to change about his residence then it ever has been other
than the fact that he's obtaining a Conditional Use Permit. He is present here and can
answer any questions you might have if I can't answer them.
Dorothy Wood: Thank you sir. AIe there any questions?
Robert Miller: Mr. Koch?
Barry Koch: Yes sir.
Robert Miller: How many guns does he sell per year? Is there any idea?
Barry Koch: It averaged out probably no more than lOa month or something like that.
Dorothy Wood: Thank you. AIe there any other queations?
Ronald Ripley: Have you ever had any complaints about noise or anything at all?
Barry Koch: No, because there isn't anything happening there. I think maybe the City
received a letter that asked a number of questions of the City, which the City answered
but beyond there, I am not aware of anything.
Item #15
Jonathan R. King
Page 2
Dorothy Wood: Ms. Anderson.
Barry Koch: Yes ma'am.
Janice Anderson: How does he advertise his business?
Barry Koch: He doesn't.
Janice Anderson: Okay. There is not an advertisement in the yellow pages with his
address on it where people can just stop by? He sells it to peop1e he knows personally?
Barry Koch: It's a convenience more than anything else.
Janice Anderson: Okay. He's been doing this same type ofbusiness at this location for
about] 5 years?
Barry Koch: Yes. That's correct.
Dorothy Wood: Mr. Din.
William Din: Yes sir. Is the type of gun that is sold by Mr. King limited to certain
types? Automatic? Small handguns?
Barry Koch: It would be whatever he could sell with a firearms license but he's not in
the business of selling antique guns or anything like that so.
William Din: They are not antique guns? ]s that what you're saying?
Barry Koch: That is correct. I think most of the time that if somebody wants to purchase
a new gun they know he knows a little something about guns and in the past he has been
able to sell those.
Dorothy Wood: Are there any other questions for him? Thank you. We'll hear the
opposition sir and then you'll have time to rebut.
Barry Koch: Thank you.
Dorothy Wood: Thank you.
Joseph Strange: The first person speaking in opposition is Gay Rehnback.
Gay Rehnback: Madame Chair, members of the Planning Commission. I've lived in the
neighborhood for most of my 1ife.
Ed Weeden: State your name for the record please.
Item #15
Jonathan R. King
Page 3
Gay Rehnback: Gay Rehnback.
Ed Weeden: Thank you.
Gay Rehnback: I went around over the weekend and questioned some other neighbors
how they felt about somebody selling firearms in the neighborhood. I've got a petition
here with about 30 names on it that are against it as well as myself. One of my concerns
is that I'm not sure there is any mechanism in place after the fact to make sure that he
lives up to the conditions that the Planning Commission recommend that he meets. So,
that is one of my problems. It sounds pretty innocuous what he's planning on doing but I
don't know whether that might change once he gets approval.
Dorothy Wood: You are aware that he has been doing this for years?
Gay Rehnback: That is what I understand. Yes, ma'am.
Dorothy Wood: He has been and this is just a renewal sir.
Gay Rehnback: Yes.
Dorothy Wood: Has it been a problem to you?
Gay Rehnback: Not that I know of. No, ma'am.
Dorothy Wood: Where do you live sir? Can you show us?
Ed Weeden: There is a pointer on the podium.
Gay Rehnback: Oh, okay. I'm about right there.
Dorothy Wood: So you're not really adjacent?
Gay Rehnbaek: No. It's a small neighborhood though.
Dorothy Wood: Yes.
Gay Rehnback: Some of these signatures are from people who are within two houses of
him.
Dorothy Wood: Thank you so much sir.
Donald Horsley: Can I ask him a question?
Dorothy Wood: I'm sorry Mr. Horsley.
Item #15
Jonathan R. King
Page 4
Donald Horsley: Do these peop1e know that he has been doing this for 10-12 years?
Gay Rehnback: Some of them do and some of them didn't.
Dona1d Horsley: They never complained before?
Gay Rehnback: No sir. I don't know that they knew they had any right to complain.
Donald Horsley: These conditions with the Conditional Use Permit probably gives you
more protection now then you had before because now if you don't feel that these
conditions. The neighborhood is probab1y the best watch we've got. You got zoning
inspectors but the neighborhood if they see a problem they contact the Planning and they
check it out. So, you probab1y got more recourse now then you had before.
Gay Rehnback: That's probably true. I feel1ike a firearms store in the neighborhood is
probably not a good mix. There are a lot of families in the neighborhood and having a
firearms store in the neighborhood just doesn't make much sense to me in the long and
short of it. If he wants to sell firearms maybe he should get a storefront.
Dorothy Wood: Mr. Din followed by Mr. Miller.
William Din: Mr. Rehnback over the course of the past three or four years have you
noticed any increase in traffic activity or any suspicious activity through the
neighborhood?
Gay Rehnback: No. There's traffic up there but I don't know what's going on in his
house.
William Din: Are there any homecare in this area that you know of?
Gay Rehnback: Does he have homecare?
William Din: No. Do you know of any other businesses operating out of the house over
here that might have cause any additional traffic or neighborhood concerns?
Gay Rehnback: There are some other people in the neighborhood that I think are running
businesses out of their house. Yes.
William Din: Usually businesses like homecare would require a similar type permit. All
of our Conditional Use Permits are monitored by the city. If there are conditions they can
enforce those.
Gay Rehnback: Right. Okay.
William Din: Thank you.
Item #15
Jonathan R. King
Page 5
Dorothy Wood: Mr. Mi11er.
Robert Mi11er: I just want to make sure that you have a petition. Do you want us to have
that petition? You need to hand it to Ed and then he wi1l pass it around.
Gay Rehnback: Thank you.
Robert Miller: Thank you.
Dorothy Wood: Are there any other questions for him? Do we have any other opposition
Mr. Strange? Thank you sir.
Joseph Strange: The other person in opposition is Barbara Clark.
Dorothy Wood: Welcome Mrs. Clark.
Barbara Clark: Good aftemoon Chairperson Wood, members of the Planning
Commission and city staff. Thank you for the opportunity to speak before you today.
My name is Barbara Clark and I live on 16th Street at the Oceanfront. I do not live in the
app1icant's neighborhood but in his district. I come before you to inform you that many
citizens are deeply concerned about this application. When I mentioned it at the 2nd
Police Precinct Citizens Advisory Committee, I heard gasps and "you got to be kidding".
I am to report back to concerned citizens there tonight. I understand that you have a list
of questions that I compiled nom my neighbors and myself and the staff's response.
Regarding number three, we would ask that this application be defeITed until we can
receive copies of Bureau of Alcohol, Tobacco and Fireanns Regulations. Number 4 is
just as concerning. We asked that the applicant submit his proposal for safeguards that
would be enacted to avoid criminal intervention and seizure of the firearms. Number 6
refers to the City's Zoning Ordinance prohibiting home occupations such as tattoo
parlors. If activities such as these are prohibited why wouldn't gun sales and purchases
in residential neighborhood be considered dangerous? Number 7 indicates people can
come to the residence with weapons loaded or not to se1l to the applicant. Number 8 te1ls
us that we don't know "if" or "what" kind of background checks would be performed on
people buying or selling guns at this home. Number 12 is regarding the type of weapons
that could be bought or sold at the home. It was not addressed by the response. We don't
blame the staff but would like a response. We're afraid that it might mean that the
applicant can buy and se1l any kind of weapons including fully automatic AK -4 7 s up to
.50 ca1iber machine guns. Also, the staff report includes many references to a low
volume and inspected low volume of traffic. As many of may know I can attest to a
home occupation that outgrew it's neighborhood and have the process to enforce
compliance can be time consuming and even dangerous. I understand that many of the
applicant's neighbors support him in this application. That's admirable. But if this
applicant's home occupation became a problem wou1d the neighbors call Zoning? As I
heard from my neighbors fee1 nothing cou1d be done and they were afraid to call the City.
I live one block from the hotel where the owner was shot in the stomach not long ago.
Item #15
Jonathan R. King
Page 6
Two members were shot at 20th and At1antic 1ast month. These hotel, restaurants and
bars are within a b10ck or two or even in the middle of residential neighborhoods. We
don't need more guns in them. There are plenty of vacant commercial sites for this
activity. We're especially concerned about the precedent that would be set if you
recommend approval of this application. We hope that you will not in the interest of
protecting our neighborhoods. Please recommend denia1 of this application or at least
defer it unti1 these questions can be answered or specific conditions such as periodic
reviews of the Conditional Use Permit verbal assurances can be crafted into the
app1ication.
Dorothy Wood: Ma'am, your time is up.
Barbara Clark: Thank you.
Dorothy Wood: Thank you. I want to ask you one question.
Barbara Clark: Sure.
Dorothy Wood: Do you realize that he has been doing this thing for 13 years?
Barbara Clark: Yes ma'am. This is the first time that this issue at all has come up and
I'll say during my watch since I've moved here.
Dorothy Wood: We've had several other people selling guns in their homes I believe.
Barbara Clark: Was it an application before Planning?
Dorothy Wood: Yes ma'am.
Barbara Clark: Then I missed them.
Dorothy Wood: I just noticed that you mentioned the police but when they did their
report they did not have any objection to this.
Barbara Clark: Right. I mentioned the 2nd Police Precinct Citizen Advisory Committee
Meeting. Once a month, each precinet has a meeting with citizens.
Dorothy Wood: You're not saying it was a police department. Okay. Thank you
ma'am.
Barbara Clark: Thank you.
Dorothy Wood: Wait a minute. There might be other questions for you. Are there any
questions?
Item #15
Jonathan R. King
Page 7
Joseph Strange: Are you aware of any prob1ems at aJl associated with this app1ication?
Barbara C1ark: With this application? No, but as I stated in my neighborhood and
another home application, very famous.
Dorothy Wood: I think we're puzz1ed on what you're talking about ma'am.
Barbara Clark: The Mother's, Inc. It's in my block and the issues it took with
compliance that took very long and dangerous to me. It could be very hard to enforce
compliance.
Dorothy Wood: I know that was hard.
Barbara Clark: Thank you.
Dorothy Wood: Are there any other questions? Mr. Ripley.
Ronald Ripley: If this man has a reputable business and he's not had any comp1aints and
he was in a shopping center and he wanted to renew it what would be the difference? I
realize that it is in a residential neighborhood. Sounds very passive as to the amount of
traffic and he doesn't advertise whereas you would have advertising and all kinds of
people coming and going because of the advertising. Do you see a difference?
Barbara Clark: -Yes sir.
Rona1d Ripley: What is it?
Barbara Clark: I spoke with a gun owner who informed me that in the commercial areas
in the gun shops that are under the jurisdiction and regulations of the BA TF that they are
weJl1it the entire time. That each of the people that work inside carries a gun and is
exp1icitly trained on how to carry the gun, use the gun if necessary. There is a lot more
of attention. There is a lot more making sure that people can't steal the guns from the
store. There is a difference. The whole feeling of bringing guns into the neighborhood
and bringing people in to the neighborhood to buy guns and to carry them out. The
minute they leave the door they could load the guns. Without some of these questions
answered we don't know what safeguards are put on to ensure that bad types don't get a
hold of these guns.
Ronald Ripley: Okay.
Dorothy Wood: I think Mrs. Prochilo answered your questions. Did you see her answers
ma'am?
Barbara Clark: Yes ma'am, and particularly this is a response to the response. Many
were deferred back to the applicant or the Bureau of Alcohol, Tobacco and Firearms,
Item #15
Jonathan R. King
Page 8
which we would love to have time to actua1ly get a printout of those regulations and we
could see exactly what type of safeguards are put on this.
Dorothy Wood: Thank you. Are there any other questions for her? Jan, I didn't see you.
Janice Anderson: Your main concern is that you don't know enough at this point. What
the regulations that he has to go through when they give him a license to be a dealer.
You're just not familiar with what the regulations are so you're asking for a deferral so
you can get this information~ Is that correct?
Barbara Clark: I really would like deniaL There are many people who just can't imagine
approving firearm sales in the neighborhood. Beyond that, if we are to consider it then
that is what we're asIGng is for more information to see if there are other safeguards that
can make us feel a litt1e bit more comfortab1e?
Janice Anderson: How about and I kind of agree with you just on the basis that a typical
gun sale in a neighborhood is probably not a real compatible use. It doesn't sound right
but I think this gentleman and I would like him to address some of these concerns. But, I
think his situation may be a little different. Maybe an annual review would that make you
better if this is reviewed annually so if there are complaints or problems they can shut it
down.
Barbara Clark: That would certainly be a step in the right direction. Again, after we saw
all the regulations ITom the BA TF and everything there might be some other questions or
could be tweaked out a little more. They could be incorporated as part of the Conditional
Use Permit.
Janice Anderson: Thank you.
Dorothy Wood: Ron, did you have something to say?
Ronald Ripley: But I would like Mr. King to come up. I would like to ask him a couple
of questions.
Dorothy Wood: Thank you Mrs. Clark. We appreciate it.
Barbara Clark: Thank you.
Barry Koch: If! could real quick, I have a couple of things then I open him up for
questions. First, I can understand somebody's concern ifmy client were opening a little
gun shop and he had a room in house where he had all these guns laid out where
somebody could come and steal guns and things like that. He has no inventory. A1l he
does is order a gun for a customer then the customer comes and gets the gun. So, it is not
as though he has an inventory for sale. He has no inventory for sale. It's rea1ly a
convenience for friends and something he has done for years without complaint. Nobody
Item #15
Jonathan R. King
Page 9
has complained in that time. As far as the regu1ations of the Alcohol, Tobacco and
Firearms Safety Administration they are all on the internet. He has to comply with al1
those. He has to keep records of any guns and firearms that are sold. He has to do the
same weapon check that any of us wou1d have to go through ifany of us had bought a
gun at Bob's or someplace like that where you have to go through a criminal record
check and so forth. He does all of that. He is required to keep records of all of that.
Fortunately for him he doesn't sell many guns so he doesn't have to keep voluminous
records if you would in terms of space in consumption of a record gun shop. But, I think
the main point is that it is just a custom situation. He has no inventory, which I think
resolves some of the lady's concern. Mr. King would love to answer any questions.
Dorothy Wood: Thank you Mr. King. Would you please state your name for the record.
Jonathan King: Yes ma'am. I'm Jonathan King. I've been living in Virginia Beach for
15 years. At the current address I've been living there for 13 years. I think for about 12
or 13 years I had a federal firearms license. Now f¡rearms sales are kind of a tricky thing.
Everybody up there on the panel and back here in the crowd, unless you're a felon has a
right to sell your own personal firearm. Ma'am, you can sell your handgun to this
gentleman over here with just a bill of sa1e. It doesn't require any registration or
anything. Basieally, all that I'm trying to do is sell guns, sell new guns and jump through
all the hoops with all the bells and whistles that the A TF puts on me and the Virginia
State Police puts on me. I certainly have to register myself with the local police precinct.
As a matter of fact, I talked to the sheriff here a while back to about it. This wou1dn't
have even been a snag had it not been for whatever reason, the Planning Commission or
Zoning or something changed the rules requiring that I wou1d have a Conditional Use
Permit. I wasn't aware of this for all this time and apparent1y it had just come to life.
That is why we're all standing here right now because I want to comply with the law. I
never had a sign put up. I don't have any plans on putting a sign up. As a matter of fact,
the only sign that I do have up is the sign you people required me to put up. And it
wouldn't have been a problem. It's not a problem either way. The reason why it didn't
get put up last month was because I was deployed because I work for the Navy. I was
gone for three weeks and I never received notification to go down and pick up the sign,
which makes it looks like I was out of compliance, which in fact I was but I could show
you orders.
Dorothy Wood: That's okay sir.
Jonathan King: I got the sign up and I've had the sign up ever since. As far as fully
automatic AK-47s, that requires a totally different federal firearms license. It requires a
Class 3 license, meaning that you can sell fully automatic guns. I don't sell fully
automatic guns. I work with full automatic all day long. And to be quite honest with you
I'm a little bit bored with it. I like to sell bolt-action rifles. I like to sell handguns and
things like that. If I hadn't had to surrender my records, I cou1d have shown you that I
don't sell any junk. You can go down to anyone of these guns stores and buy $39.95
380 handgun. I don't sel1 stuff like that. If they want to buy something like that off of
Item#IS
Jonathan R. King
Page 10
me, I usua1ly refer them to someplace else because [don't want the reputation for having
that kind of thing. As far as storage of guns, whenever I custom order a gun for a
customer and when you order a gun !Tom me it's exactly what you want when it gets to
me. If it is not, it goes right back because I have to log it in and then log it right back out
and UPS right back to the source. As far as storage, say for instance you weren't able to
pick it up, I have a safe that I lock stuff up in. [have a home alarm system. As far as kids
having access to my yard, yeah, they probably do. I don't have a fence up. There are no
kids in my yard because I don't a little kid because a small chi1d that would invite other
children to come over and p1ay. Wou1d guns be a source of fascination for kids? I don't
know and probably not. You can remember certainly watching the Lone Ranger and a1l
of that. You didn't like guns back then. You had no use for them. In all fairness, I've
been to several fireanns handling schools effectively ca1led gun fighter schools. As far as
wearing a gun, I have a permit to carry concealed fireann. It kind of goes with the
territory and due to the nature of my work, I figured a little bit safer with that but I do
have a concealed carry permit. I am also a firearms instructor. As far as people walking
onto my property with loaded guns, it has never happened and it never will because I
don't tolerate that kind of thing. When somebody hands me a gun and I know it's empty,
I still check it. I open up the bolt, open up the cylinder and pull the slide back and do
whatever is neeessary. I am ready for more questions.
Dorothy Wood: Thank you sir. Even though I personally don't like guns, I think you
would still not have anyone here if you haven't followed our rules and put up the ugly
orange sign. Isthat correct? Nobody has known you have been doing this.
Jonathan King: No ma'am. Virtually, everybody surrounding me knew it. As a matter
offact, I told them down at Revenues, whenever I applied for my business license what I
was going to do. I don't think in anyone year where I did any more than $15,000 worth
of business selling guns and accessories. As far as selling ammunition goes, I have
ammunition for my own guns. My own personal stuff because I use them a lot. I'm a
competitive shooter.
Dorothy Wood: Well thank you sir. I think Mr. Ripley and then Mr. Miller.
Ronald Ripley: Can you describe to us how your customer finds you and when he comes
to you on your property, where does he go? Does he go to your !Tont door? Does he go
to your garage door? Is your office in your garage~ What is that like and te1l us how that
works.
Jonathan King: My office is in my living room. Basically, they come to the side door
and come through the kitchen. For the most part, say you were to bump in to me and
said, I was thinking about buying a gun. I'd say what are you looking~ What exact1y do
you want? Tell a couple of note. Tell you what, let me call around and see if I could find
one. I usually go through big distributors. Call up the distributor, find the gun, call you
backup and tell you what it is going to cost and you say, "yes" or "no". Then I order the
gun at your request. It comes to my house. I log it in and notify you that it is there.
Item #15
Jonathan R. King
Page 11
Then you corne over and that's when you depart with the green. You pay me for the gun
and then you fill out the two forms. You fill out the state police form and you fill out the
4473 from the ATF. Then upon completion of the state form, I have to see two forms of
identification stating that you live in fact where you wrote down on that piece of paper
that you live. I have to see two forms of that. Not only that, I'm not allowed to sell
handguns to people from out of state. That being said and after I get al1 this information
and ascertain everything is true by the identification that you gave me, [ call up the state
po1ice. I have a 1-800 number where I call them up. I give them my dealer identification
number and then we start talking. They ask me for the serial number of the form at the
top of the page. We start with the serial number and they start asking me questions all
the way down the page. I just answer everything that you wrote down. There have been
times where people have been refused for reasons that possibly their birth date or
something coincided with a felon or possibly they had the same name as a felon. I don't
know how many John Smith's there are but certainly we can imagine how many felons
would be named John Smith. Regardless of the fact, I've never had anybody turned
down.
Ronald Ripley: Mr. Koch indicated that there are about 10 sales a month? Is that about
right?
Jonathan King: It's similar to that but I don't think it is even that much. I wish it was
much. I tru1y do.
Ronald Ripley: Okay. Thank you.
Jonathan King: In 13 years, I sold 3,000 guns.
Dorothy Wood: Mr. Miller, do you have a question?
Robert Miller: Just one question. You said you've done this over] 3 years.
Jonathan King: Yes sir.
Robert Miller: And, there has never been a situation where A TF or state or anybody else
has held you in a lack of compliance with the rules and regu1ations that they have?
Jonathan King: No sir.
Robert Miller: No a single issue.
Jonathan King: Not until I reapplied this time sir.
Robert Miller: No, no, we're not A TF. We're a little bit less than that. Way less. An
annual review and is that something that you would be receptive to that we ask that on an
annual basis that through the administrative processes of the City that we would review
Item #15
Jonathan R. King
Page 12
the Use Permit and ifthere are no issues then there are no issues and it goes and rolls
over to the next year?
Jonathan King: No sir, I'm not opposed to that.
Robert Mi11er: Thank you.
Jonathan King: I kind oflike checks and balances.
Robert Miller: We do too. Thank you.
Dorothy Wood: Thank you Mr. Miller. Are there any other questions? Mr. Waller and
then Ms. Katsias.
John Waller: What kind of guns do you seH? What are they? Handguns? Rifles?
Jonathan King: Well sir, ] sell handguns, rifles and shotguns. I selJ some semi-automatic
rifles like AR-15, which is a M-16100k-alike. I've never sold an AK-47 look-alike even
though there are plenty of them to be sold. I selJ handguns. I sell all quality stuff, which
is why] won't sell AK stuff.
Dorothy Wood: Thank you.
John Waller: What kind of service do you offer that Bob's gun shop or whoever doesn't?
Why wou1d they come to you instead of going to them?
Jonathan King: Sir, I don't have as many lights to pay for as far as turning them on.
Also, if you were to go to Bob's, if you wanted to special order something they may take
on another $]5.00, whereas if you come to me everything is specia1 ordered. I don't keep
an inventory.
Dorothy Wood: Thank you. Ms. Katsias.
Kathy Katsias: I think Mr. Waller asked my questions.
Dorothy Wood: Thank you so much for coming to see us.
Jonathan King: Yes ma'am.
Dorothy Wood: Thank you. Don't all speak at once? Mr. Miller.
Robert Mi11er: I certainly and when you think about guns it immediately becomes a
much more vital conversation because of what were talking about. But when I think of
activities that are going on in the neighborhood, I suspect that there are exchanges of
guns and there are people who are in families and or other situations where things are
Item #15
Jonathan R. King
Page 13
being exchanged. I don't know of any and I don't know of this existing in a specific part
of our community. I do think that Mr. King has been very direct and is very obvious1y
wen informed and knows his business. He knows exacUy what he is talking about. Most
of us don't much about it and would be hard pressed to quiz him but so far in the details,
[do trust with the high profi1e of the things in our society these days that the state
organizations, state p01ice and then the A TF and other people that are paying attention to
this as wen as if not better than we are. Our rules now say that you have to have a
Conditional Use Permit because you're doing an activity in your home that is an activity
that can be considered obviously commercial. And, I think with an annual review I'm
satisfied that this is something that can be looked at an annual basis and determine
whether or not there would ever be an issue of any type that would be related to Mr.
King. Of all the people at risk in this process without disrespect to gun owners is Mr.
King and the transfer of guns through a commercial sale whether it would be something
that would be used 1ater on for a bad situation or just an improper transfer that somebody
found was not property documented. I think, Mr. King is the most logical person to be
held accountab1e in this process. I think with an annual review, I'd be satisfied that this
could continue in this neighborhood.
Dorothy Wood: Thank you sir. Mr. Ripley?
Ronald Ripley: I agree with you Bob. I think that if this is a new app1ication that were
standing here and we weren't sure about what the history of this business is like or could
be 1ike in the future, I'd think I would be more concerned but I'm not concerned in this
instance because I see a man that's in business and has been in business for 13 years and
his neighbors didn't know it. The reason they know it is because of the public notice
which is appropriate for the Conditional Use Permit and that's fine. They're hear to say
that this is a problem with us, we think, but the neighbors can't stand up and say that it
has been a problem. So, it's not like it's been one year. It has been 13 years. So, with
that said that I think it is appropriate particularly if you're going to have an opportunity to
review it annually if it becomes a problem. I think about and this is not meant to be a real
stress but we approved other home occupations such as daycare. We have a lot of
children making a lot of noise, running across the street and things like that and I would
think that neighbors could complain about more so than something that is passive like
this and is handled on a one-on-one basis inside of a house as described today. Given the
length of time that this man has been in business at this location, I don't have a problem
with it either.
Dorothy Wood: Thank you. Mr. Din.
William Din: Thank you. I agree with the comments that have been made. I'm not a gun
owner. I've never really shot guns. I don't believe in having guns in the house but 1
think in this situation Mr. King has a reputation. I'm just going to say it at that and leave
it at that. I would like to thank Ms. Clark for coming forward. She is a concerned citizen
here. She has and it is without the concerned citizens in a lot of instances that have to
watch out for certain concerns. I appreciate her coming forward with her concerns. I
Item #15
Jonathan R. King
Page 14
hope she gets satisfied with looking through the regulations and seeing that there will be
regulations covering Mr. King and his business in his house. But [ will be supporting this
application but I would still like to thank Ms. C1ark for coming forward with her
concerns. It's concerned citizens like Ms. Clark that we need to see throughout our
nation that we are watching out for each other. Thank you very much.
Dorothy Wood: Mr. Crabtree.
Eugene Crabtree: Just really briefly. I'm going to support. I am a gun owner. My daddy
bought me my first gun when I was 7 years old. But, that is beside the point. I think that
Mr. King's security and the protection that he has on the guns in his home and the way he
holds it is probably better than all of those other houses in the neighborhood. I would be
that the other houses in that neighborhood that ¡fthere is a gun in probably 75% ofthern.
Those other 75% are not nearly as protected and care for as what he has in his home. So,
from a safety standpoint of view I think it is about safer than the rest of the neighborhood
real1y.
Dorothy Wood: Thank you. Don? Let's start with Jan and come on up.
Janice Anderson: Well, I'll be happy to make a motion when ready. I just wanted to say
that with the addition of the annual review, I think that takes care of this application
whether it is compatible with the neighborhood or not. It's very clear and like everybody
else has said there hasn't been a problem for 13 years and it has been compatible with the
neighborhood and with the year review it will prevent it from getting out of hand. I
think, what the citizens brought here that they are concerned and it is not what has been
going on, it's what might happen. With that and especially with the applicant, this is his
profession. All through the Navy and a licensed instructor this is not just a hobby of his.
This is his profession. This man knows a lot more about it than I think anybody else up
here.
Dorothy Wood: Thank you. Mr. Hors1ey.
Donald Horsley: I just think that he has a lot of protection and the neighborhood has
some protection with these conditions and with the Conditional Use Permit in effect.
And, with this yearly inspection, I think everybody is safe. I think Mr. King is reputable
dealer and knows what he is talking about.
Dorothy Wood: Thank you. Mr. Strange?
Joseph Strange: I've listened to the comments of Ms. Clark. A couple of things did hit
my mind. One was somebody coming up and buying a gun and being an emotional,
unstable or something but the fact that these guns are actually ordered and somebody
walking up and buying a gun from this gentleman. They actually have to be ordered and
they have to go through a check. And, the thing that she brought up that kind of
concerned me was burglars or somebody breaking in knowing that the guns were there
Item #15
Jonathan R. King
Page 15
and maybe stealing them. But the fact is he doesn't carry any inventory. So, the two big
things that struck me when he got up and I think he addressed both of them. I'll be in
support of this application based on that.
Dorothy Wood: Is that in the form ofa motion sir?
Joseph Strange: That's in the form of a motion.
Dorothy Wood: Do I hear a second? Who seconded it? A motion by Mr. Strange and
seconded by Mr. Din.
Janice Anderson: Excuse me. Does this include with the additional annual review?
Dorothy Wood: Yes ma'am. It's included with the additional annual review.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE II
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the application of Jonathan King has been approved by
the Board.
Dorothy Wood: Thank you. Thank you all for corning. We appreciate it. Is there any
other business to corne before us today? Hearing none, meeting adjourned.
,I
.,...,-
.,..-,-, +-<""--'
1 ;, ['" {'
, ,I- ,', ,
\ ,'-'
June 281 2004
From
James C. and Mary E. Smith
220 Gatewood Ave.
Virginia Beach, VA. 23454
To.
City of Virginia Beach Planning Commission (attn. Karen
Prochilo)
Subject
Application of Jonathan R. King (# 107-216-CUP-2004)
This is to notify the Virginia Beach Planning Commission that
James C and Mary E. Smith of 220 Gatewood Ave. have no
objection to Jonathan R. King being granted a conditional
use permit for a home occupation (fire arm sales) on
property located at 224 Gatewood Ave.
\ -œ;-M ti- l S
August 31, 4004
This is to notify the Virginia Beach City
planning commission that James C and Mary
E. Smith residing at 220 Gatewood Ave. have
no objections to Jonathan R. King being
granted a conditional use permit for a home
occupation firearm sales on property located at
224 Gatewood Ave..
James C. Smith
Mary E. Smith
August 5, 2004
Ms. Barbara Clark
Virginia Beach, VA. 23454
Re: Conditional Use Permit - Jonathan R. King
Dear Ms. Clark:
Thank you for your email regarding the Conditional Use Permit for Jonathan R. King. Some of your
questions deal with the licensure of the dealer, which as a city planner, I cannot address. I suggest that
you direct those questions to a representative with the Bureau of Alcohol, Tobacco and Firearms. The
following are the list of your questions followed by staff answers.
1. How many other properties in the City of VB have Conditional Use Permits to sell firearms out of a
home? The City Planning Department does not keep a list of all firearms dealers since we
track items by land use. Currently the City is aware of one for the repair of firearms and
two for the sale of firearms.
2. What are the addresses of these properties? These properties are located In what districts
are they located? What is their zoning classification and that of their surrounding properties and
blocks? The City Planning Department does not keep a list of all firearms dealers. A list of
federally licensed gun dealers in your county can be obtained by contacting the nearest
Bureau of Alcohol, Tobacco and Firearms (BA TF) office and requesting the list from the
Public Information Officer.
3. What are the circumstances around the granting of the Conditional Use Permits? (E.g., does the
homeowner bring the firearms to the customer? Are there other limits to the activity out of the
home?) A Conditional Use Permit places controls, limitations and regulations on certain
uses within a given zoning district. The Bureau of Alcohol, Tobacco and Firearms of the
U.S. Department of the Treasury have regulations that the firearms dealer must comply
with.
4. What safeguards will be enacted to avoid criminal intervention and seizure of the firearms? This
question should be addressed to the dealer.
5. Under "compatibility of home occupation with neighboring properties" being the only significant
issue identified by staff, what about the nature of the goods being sold from the home? Planning
Department provides equal opportunity to apply for a home occupation conditional use
permit provided that the home occupation is not illegal. The sale of firearms by a permited
firearms dealer is not an illegal activity.
6. Please explain the rationale behind the prohibition of specified accessory activities under Section
501 (b)(5) of the City Zoning Ordinance. The City Council prohibited the uses listed because
at some time in the past, each use listed has been a problem.
7. What other licenses does one need to sell guns as a business - not incidental buying and selling
as collector, private citizen, etc. Federal Firearms Permit? ATF involvement? State Permit? To
operate legally, a gun dealer must obtain a federal firearms license (FFL) and must also
comply with applicable state and local laws, including acquiring any required permits.
Federal firearms licenses are issued by the Bureau of Alcohol, Tobacco and Firearms
(BA TF). Once licensed, a dealer can buy guns directly from manufacturers, other dealers
and private individuals. The Crime Act of 1994 requires FFL applicants to provide
documentation that they are in compliance with state and local laws, and requires BA TF
verification of compliance.
8. Does this business have capabilities of other gunshops sporting goods stores etc. to do instant
background checks on buyers?? This question should be addressed to the dealer.
9. This is being treated by city like someone selling picnic tables or birdhouses as a business. I think
gun selling business is a bit unusual in residential zone. How about fireworks or prescription
drugs? The sale of fireworks is illegal in Virginia Beach and would not be allowed
regardless of where they are sold. Planning staff cannot provide an answer regarding the
sale of prescription drugs because we do not deal with the requirements of the sale of the
goods but with land use.
10. Why can't owner advertise with signs?? Most other businesses are allowed signage if use
granted. Is it because we don't want residents (and perhaps criminals) to know he has a business
selling guns? If not, why? Under the City of Virginia Beach's zoning ordinance the home
occupation is allowed to have one non-illuminated identification sign not more than one
square foot in area mounted flat against the residence. This applicant has been a firearms
dealer for thirteen years and mainly deals with people he is familiar with. Due to the very
low volume, there has been no need to have a sign nor is there any intent for this person
to add a sign.
11. How come sales are after dark?? 6-9 pm? What's up with that?? This applicant works a
ful/time day job.
12. What is a "small scale" gun seller?? Does this mean 12-151ully automatic AK47s I month?? (for
collectors of course) or 12-15 small caliber handguns? or what? If he's on a large enough scale
to require a business license and special use permit, he must be big enough to run a shop in a
commercial zone. The term "small scale" deals with the low volume of customers.
13. Any mail order sales?? The applicant does have an occasional custom order but traffic is
not affected.
14. To me, homeoccupa1ion would be atty, insurance, real estate, woodworker, construction co,
photographer, blacksmith, etc. How does gunshop become home occupation? Would same be
true of drug store? Lingere shop? The applicant submits to national and state criminal
records checks as well as now going through a local public conditional use permit meeting
the criteria of Section 234.
15. It would seem that children would be interested in a gun dealer in their neighborhood. Would a
known gun dealer in the neighborhood tend to attract children? to see the product? Staff does
not see the relevance in this question for a Conditional Use Permit.
If you have any questions, please do not hesitate to contact me at 427-4298 or by email at
kprochil@vbgov.com.
Sincerely,
Karen Prochilo
Cc:
Jonathan R. King
File
To Whom It May Concern:
The undersigned present this petition to voice their opposition to the use of a residential
property located at 224 Gatewood A venue, Virginia Beach, Virginia 23454 for the
purpose of "firearms sales" as noted on the sign located on the property, It is felt by the
undersigned that this type of enterprise located in a family neighborhood wou1d be
detrimental to the we1fare of the neighborhood, All of the undersigned live in or own
property in the neighborhood of Gatewood Park.
Signa~e Printed Name Street Address Date
J, II/J¡)-rr! /ZV£.J:1NV T I. 1.----.; ;277/..-1 Lvi!,!.! sf- ~ -Ÿ-Ot.f
¡,MAl L bw-JP -:5ð,~, ,-í'- _I \~.vl -:S~~'-IL.Jf\ i ç .s.\- 9 ,r..¡ '0<../
(l.1, {" ~ 1 cF't..b ~~(".r<, L <::. """"",1:: 13if..p/~+eu}-fd ~JP c;-1-ú'¡
,\., ",«, ,~"....~ \\~. \ I:.:\.~~"", ~ ~".....(, .\...... ,~\. \\\l.. '\.. '"' f\.4
Ä¡-",--+':'~~~~ ~ý~(ì~(1,nC1,y.,a~ é7~ìt...iouì'Sl-, <?l1ro'-f
\1 '.. A \ \~. !-v\aiVF>K>"'¡ "",dJ.'-~) 5OQ.'i5 fí¡;ùߣr-.I ,-, 'ii/'7io4'
, "e /J.f..¡:/~"I^1,;f-JN";/....J i"ltl.voP,,).,o~.,.~t "ifhlèl
('þ,-'/f'J /.¿.lLv,"';;Y'J.,L";.,:./¿J ",//c..,þ ,')i..,¡iJ/P", . /...,.- 'i'JJ~
'.//;,r;on ......~""-,, /i; M .:.,rJ1¡.Jt,,: «tf171..q,.q. '-OOJ:" Ç'T "J-to/4'
L""¿;'~ 7/ ,,- è:.;"'M~ T<"<c~....~. "~Ç""\ j"l1...J.~" <". Ç'7-ðV
~ " L '/ -- -:¡;P'I I.Ù" '~A r ~"7 JH~J- <;)+ ~,~I)'¡'
'~ -<.-. --~~ S::-'. ~ "'\ \ QOn~,', \.\ ~ ,,~,,<,,'-='"Î Lo 1\01 t',...., S\: "is. -'7 0 L.j
'1....: /' ,'/I A..-v/H",.1/v'; fvrd 2.25')i,~,/).-?'V;;7 cz:~-,--r:::>C.J'
'. /' P' /' -' '¡b ' ~"":3 j f)¡. .i"A\ <)free£. Ç{ l::r/o~
( ~ I Ao <11'"], J"'.;...,,' "J>.,o';(1 , 241 u"" <;,../ïhAL---
~ 9 /:/ k. e"p"'~'," /) "'",.. /T :' 1'7 /".4~¿h'.>_/ ø~'~ '6 -?,-b-;t
/iLAU-X.-M~/K7 Ch"",,!I1'1cC/P..-.n¿cI JJ.L-/¥KecJ,¿"St '<s"1-o,-/
/'ja.~mj~[J {j.,q.~J /'r1L /3¡::>'Cð.^" 22.'1 ¡ Re<IÅ! (., .')r ?- ~-Uf-
,Lx; ////~- j¡)::. WI';!: Jil #:rt~.c¡; I;'~/ ';j--I')'-(d
/tJ. ' f U}L ,;;(,c.J.lAiL A, ¡')J:J,.IE5' ~ '/9-13 GIiTIÍ.v~c') AI": g-.~. oy
,",~}UÚJ"ÎI,fl:rrf)...r..u../ !..Ð"....t¡.. ¡ucrl"""""" l)i1LD.~o", ';)} '6-~ -ô'-t:
~'t-..L 0 -.' ~ ~ ,\\J.<>C~J.- ~:)\:\ ~ b..--,b-, ~ "6,ß Ò4
,.. ~.d'~ 4:'~ ---'?L-'fšP¡"¡~:..c~ 22.15 w,\jbö.-J s-r 1- '?- uL\
:if ¿ ./ 'j ~"",,<,./. .D'.r\"""......,.¡ "o"¡¡;::",< AMI ('7',,-+\ ~ JS,¡¡o,/
1. ,~-Aj "')" ¡: , '\ .1', J"t'n "" ---.., ð ^/r. ^'< '-,t." r~ 4 Ý 1'1 LJ
....~ ~ /. ~,¿~ C14 Y /\E:J-IX./¡f'if.¿/ 1-.2 ~2- t~./-'lí r..J:f. :J'/?//?4
I ä.,V'ffI///J!\Jj,.,..,-¡Ø (ih,",rr-l-!é..1 ¡lid),."," \11 ."IlL( lJ~I'\V' c.+~'/t. ),I¡
I 1 < / I
/'"> /I~-J'
/) vJ /i C7 ,Ai' -' I
t- /
I#IDATE I REQUEST
1 OS/28/02 Modification of Conditions
02/10/98 Conditional Use Permit (communications tower)
2 03/12/02 Conditional Use Permit (fuel sales)
06/13/00 Conditional Use Permit (motor vehicle rentals)
12/07/99 Conditional Use Permit (motor vehicle rentals)
3 12/19/88 Conditional Use Permit (car wash)
05/07/84 Conditional Use Permit (mini warehouse)
I ACTION
Granted
Granted
Withdrawn
Granted
Denied
Granted
Granted
(èf-l~:~'~\
"<',', ,',"
""'., ,..",'
'õ.:'¿:!>;-
CITY OF VIRGINIA BEACH
AGENDA ITEM
"""
ITEM: Thomas Ritchie, Fine Edge Lawn & Land, Inc. - Conditional Use Permit
(bulk storage)
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Thomas Ritchie, Fine Edge Lawn & Land, Inc.
for a Conditional Use Permit for bulk storage on property located at 400 First
Colonial Road (GPIN 24078651060000), DISTRICT 6 - BEACH
.
Considerations:
The applicant is currently utilizing the property to seasonally "store" palm trees
(April to September) prior to transplantation onto customers' properties. The
applicant was unaware of the need for a Conditional Use Permit to store
landscape plant material within the B-2 District. The applicant would also like to
store equipment (a bobcat and a trailer), boulders, stones and palm trees, within
an existing 25 foot by 75 foot fenced area, previously used by the former
business operating on the site, There is an existing gravel drive that provides
access to the fenced area. There is currently an auto parts store on the majority
of the property; however, there are no retail activities or customer traffic on this
portion of the site.
The proposal is compatible with the motor vehicle rental operation to the south
and does not appear to interfere with the existing auto parts store immediately
adjacent, but on the same site. All properties in the vicinity are currently zoned B-
2 Community Business District.
The Comprehensive Plan recognizes that non-residential uses are appropriate in
this part of the City, primarily due to the AICUZ districts found within the Strategic
Growth Area. There are no buildings or signage proposed by the applicant in
conjunction with this request. In fact, the existing, unattractive chain link fenced
storage area will be landscaped with evergreens shrubs, A Board of Zoning
Appeals (BZA) variance is required as the fence is non-opaque and inconsistent
with the required screening for bulk storage yards, Category VI is required
around all bulk storage areas and consists of a solid fence with evergreen
shrubs. A BZA variance may also be necessary as the palm trees located
adjacent to First Colonial Road will not be fenced and landscaped with the
required Category VI screening. The Zoning Administrator will make the final
determination on the necessity of the variance,
Thomas Ritchie, Fine Edge Lawn & Land, Inc.
Page 2 of 2
Staff recommends approval of this request.
Planning Commission placed this item on the consent agenda because it is
compatible with surrounding uses.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. A screen, consisting of a 6' privacy fence and a hedge of evergreen shrubs
(Category I) shall be installed surrounding the existing fenced area, with the
exception of the ingress/egress. A variance to the screening requirement of
the fenced area will not be made to the Board of Zoning Appeals.
2. The equipment storage yard and drive may be gravel provided a waiver of on-
site improvements is requested and approved by the Planning Director.
3. All equipment, machinery, and landscaping materials shall be stored within
the fenced area.
4. Trees displayed out front as part of the landscaping associated with the
signage shall be limited to no more than five.
5. Development of site shall be in substantial compliance with site plan
submitted with this variance application.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DeparbnentlAgrnCY: Planning Department~~
C.. M'""'~ K. ~"'"'
~ø.~.~':i~j~,
'~-':"<~"'~~< KO6-216-CUP-2004
\!(I.:t°MAS RITCHIE, FINE EDGE LAWN
":,:",,;,,,<,"'.~. & LAND, INC.
" <,;c:,:>-:;- Agenda Item # 7
August 11, 2004 Public Hearing
Staff Planner: Carolyn AK Smith
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:
Conditional Use Permit for bulk storage,
LOCATION:
Property located at
400 First Colonial
Road,
"'o:':p,!,,,Ó,
GPIN:
COUNCIL
ELECTION
DISTRICT:
24078651060000
6-BEACH
THOMAS RITCHIE
Agenda Item # 7
Page 1
SITE SIZE:
1,479 square feet
EXISTING
LAND USE:
Auto parts retail store; landscape material storage
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
. 1-264 interchange, Wisconsin Avenue
. Convenience store, Motor vehicle rental I B-2
Community Business
. Louisa Avenue, Single-family dwellings I B-2
Community Business
. First Colonial Road, offices I B-2 Community
Business
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There is nothing of environmental significance on this site The
property is within the Chesapeake Bay watershed.
AICUZ:
The site is in an AICUZ of greater than 75dB Ldn surrounding NAS
Oceana.
Summary of Proposal
The applicant is currently utilizing the property to seasonally "store" palm trees (April to
September) prior to transplantation onto customers' properties. The applicant was
unaware of the need for a Conditional Use Permit to store landscape plant material
within the B-2 District. The applicant would also like to store equipment (a bobcat and a
trailer), boulders, stones and palm trees, within an existing 25 foot by 75 foot fenced
area, previously used by the former business operating on the site. There is an existing
gravel drive that provides access to the fenced area. There is currently an auto parts
store on the majority of the property; however, there are no retail activities or customer
traffic on this portion of the site.
THOMAS RITCHIE
Agenda Item # 7
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Compatibility with surrounding land uses and zoning.
. Consistency with the Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan identifies this site as within Strategic Growth Area #7,
Hilltop/North Oceana Area. Because of the influence of AICUZ in this area, non-
residential uses are recommended for this area. However, given the attributes of this
area's location, it has a "great potential for contributing more in the future toward the
well-being of the City" (page 76). The Plan recommends that special attention be
directed at quality of site and building design, including signage, to increase the overall
attractiveness of this area.
Staff Evaluation
Staff recommends approval of this request.
Staffs 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
THOMAS RITCHIE
Agenda Item # 7
Page 3
(1) The proposal is compatible with the motor vehicle rental operation to the south
and does not appear to interfere with the existing auto parts store immediately
adjacent, but on the same site. All properties in the vicinity are currently zoned B-
2 Community Business District.
(2) The Comprehensive Plan recognizes that non-residential uses are appropriate in
this part of the City, primarily due to the AICUZ districts found within the Strategic
Growth Area. There are no buildings or signage proposed by the applicant in
conjunction with this request. In fact, the existing, unattractive chain link fenced
storage area will be landscaped with evergreens shrubs. A Board of Zoning
Appeals (BZA) variance is required as the fence is non-opaque and inconsistent
with the required screening for bulk storage yards. Category VI is required
around all bulk storage areas and consists of a solid fence with evergreen
shrubs. A BZA variance may also be necessary as the palm trees located
adjacent to First Colonial Road will not be fenced and landscaped with the
required Category VI screening. The Zoning Administrator will make the final
determination on the necessity of the variance.
Staff, therefore, recommends approval of this request, subject to the following
conditions.
Conditions
1. A screen, consisting of a 6' privacy fence and a hedge of evergreen shrubs
(Category I) shall be installed surrounding the existing fenced area, with the
exception of the ingress/egress. A variance to the screening requirement of
the fenced area will not be made to the Board of Zoning Appeals.
2. The equipment storage yard and drive may be gravel provided a waiver of on-site
improvements is requested and approved by the Planning Director.
3. All equipment, machinery, and landscaping materials shall be stored within
the fenced area.
4. Trees displayed out front as part of the landscaping associated with the
signage shall be limited to no more than five.
5. Development of site shall be in substantial compliance with site plan
submitted with this variance application.
THOMAS RITCHIE
Agenda Item # 7
Page 4
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.
THOMAS RITCHIE
Agenda Item # 7
Page 5
Supplemental Information
Zonina History
I#IDATE I REQUEST
1 05/28/02 Modification of Conditions
02/10/98 Conditional Use Permit (communications tower)
2 03/12/02 Conditional Use Permit (fuel sales)
06/13/00 Conditional Use Permit (motor vehicle rentals)
12/07/99 Conditional Use Permit (motor vehicle rentals)
3 12/19/88 Conditional Use Permit (car wash)
05/07/84 Conditional Use Permit (mini warehouse)
I ACTION
Granted
Granted
Withdrawn
Granted
Denied
Granted
Granted
THOMAS RITCHIE
Agenda Item # 7
Page 6
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP): First Colonial Road is currently a four (4) lane, divided
urban arterial. This road is currently in design for
widening from Virginia Beach Boulevard to Interstate 1-
264. Improvements to the intersection of First Colonial
Road and Virginia Beach Boulevard (CIP 2-027) are
also proposed. The level of capacity after these
improvements will increase (42,100 level of service
"0"). No additional ingresslegress will be permitted
along First Colonial Road other than the existing
access point.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume CaDacitv
Existing Land Use'
First Colonial 41,086 27,300 - 384 ADT
Road ADT' ADT' Proposed Land
Use - 462 ADT
Average Dally Trips
, as defined by eXJstlng auto parts sales
'as defined by auto parts sales PLUS wholesale nursery - the app¡'canl..;11 not be selling anything al the site, only bringing
the palm trees to oft.s~e locations. As only approximately 15 trees are located on the site at anyone time, thiS ¡'gure 's high
and tne actual number of trips is probably closer to that generated by the existing land use
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 (CPTEO) concepts and
strateaies as they pertain to this site.
I Fire and Rescue:
I Adequate - no additional comments.
THOMAS RITCHIE
Agenda Item # 7
Page 7
..
¡.
Exhibits
Exhibit A
Aerial of Site
Location
THOMAS RITCHIE
Agenda Item # 7
Page 8
"
~ '
~
11 ~ ; ; ¡ ¡
è, - , -
L"
" -
II H ! HH
-' ,
, L
" ,
1: :¡I~:
¡ "
mw
;:';~-
,
"
;,,>,.-
;
¡
avo "'d""...,
~ ìVINOì""""
OJ J.S~/"
-~~
". '.. '...., OJ. "
3mG~\1 \1SlnOl
'" :: -
'F:
Exhibit E
Proposed Sit
Pia
""
;¡;!
~:;~
g¡,? \
/.,':-:'~~~r '
"~:~ '; \\i ,:! ;', .~
'>," :"
~ 1
'",'"
t,;"",
11- '~::;"..
" ,
-
- '0
'-
¡1
','
:;
;:
"
,-
I¡
I~
",'
" ",'..
--"
THOMAS RITCHIE
Agenda Item # 7
Page 9
Exhibit C
Photographs of
Site
L-
-ç
-j'
,"
";;;",'~,'-..~,ç,i~:~;'.~il:Õ:/'~~~~~ ::.Z~~:~ ~
h .. ,..'.-- ,'_h
~~;f~r~. "
:"
THOMAS RITCHIE
Agenda Item # 7
Page 1 0
NOIlVJI1ddV lImIHd 3S111VNOIlIGNOJ
Exhibit D
Disclosure
Statement
" ,;;,
tH
~Hf
~jn
õ,,~~
!!¡IJ~
H~~ I
~~;:§
HH
0
In
HI
H~
III
un
HH
H~~
~Hi '
,.,
" ~
¡¡!!III¡li!
~~
;2
" c
, 0
" U
~-"
'.-
~~
~=
'" ~
~" .
= u ,
8 ~ c õ
mlf
HHI
~BH .
~3¡~g
§HH
(ii=l
'z I
';OJ
;i:::;
IOJ ,
:!s 1':
i¡~
I:J ,
:~ !
'-, .
IU I
't/) ,
1-
,,0
,I
i
Ii
L..t
5 "
, l
:n ;;
11 Ii:
~HH -
IH~ ~
HH :
¡Hi i
~
.
'i
H
}~
õ~
~~
If
~'"
g~
Ii.
n~
~~
L
;¡ 111!fl i
. , -
HHi .]
IHH3'
i ~
~t
, ~ ~
~H
0
^
~ ~
H
;§ j
~ 'f '"
" '
~~ .:
- ~ ,
- - ,
,~
"-, -
""
,~ "'--
~" "
H~
v
~
-'
"-..
"
- -
~ '"
'r:;
.-¡
I
/~;
-
~
. .
" ,
"-
¡:,
NOIlVJIlddV lIW1IHd HSf11VNOIlIGNOJ
THOMAS RITCHIE
Agenda Item # 7
Page 11
Item #7
Thomas Ritchie, Fine Edge Lawn & Land, Inc.
Conditional Use Permit
400 First Colonial Road
District 6
Beach
August 11,2004
CONSENT
WilJiam Din: The next item is Item #7 Thomas Ritchie, Fine Edge Lawn & Land, Inc.
This is an application of Thomas Ritchie, Fine Edge Lawn & Land, Inc. for a Conditional
Use Permit for bulk storage on property located at 400 First Colonia1 Road in the Beach
District. Yes sir. Welcome.
Thomas Ritcrue: My name is Thomas Ritchie, and I am representing Fine Edge. I have
read the conditions and agree to them.
WilJiam Din: Okay. There are two conditions here. That is correct. That has been
revised. How many conditions? There are five conditions here. Have you read all five of
those?
Thomas Ritchie: Yes.
William Din: Okay. Thanks. Is there any opposition to placing this on consent? If not,
Ms. Katsias is going to comment on this item.
Kathy Katsias: This applicant is currently utilizing this property to seasonally store palm
trees April through September, prior to transplantation on to the customer's property. In
our informal session there was opposition to this application. Since then the applicant
and the person opposing have agreed to add three additional conditions, and so we put it
on consent agenda.
William Din: Thank you Kathy. I'd like to make a motion to approve Item #7 Thomas
Ritcrue, Fine Edge Lawn and Land, Inc. for an application for a Conditional Use Permit
for bulk storage on property located at 400 First Colonial Road in the Beach District with
five conditions.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DL"N
HORSLEY
AYE
AYE
AYE
AYE
Item #7
Thomas Ritchie, Fine Edge Lawn & Lane, Inc.
Page 2
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board.
.~'
. ?--.
. . cw-t ....
/' .
~
-= :..:., - \~
~ .~.
. '. . ~
._----r~~~~~~ ,"'--'C'f
'ft_-- - ..... -- --,
,~
(t~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Virginia Beach Community Development Corporation - Conditional Use
Permit
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of the Virginia Beach Community Development
Corporation for a Conditional Use Permit for a Facility for the Disabled on
property located at the eastern side of West neck Road approximately 2,000 feet
south of North Landing Road (GPIN 14399970530000). DISTRICT 7-
PRINCESS ANNE.
.
Considerations:
The applicant proposes to develop the site with two residential structures
designed to meet the needs of adults with mental retardation who are
undersel\led in the community due to the complexity of their conditions. The
Intermediate Care Facility will be licensed by the State Department of Health and
will provide a barrier free environment with 24- hour supel\lision and medical
support. Medicaid revenues will provide operational funding.
The submitted conceptual layout plan depicts two proposed structures,
associated parking, and a stormwater management facility. Each structure is
one-story in height and 7,289 square feet in area. The exterior of the buildings
are designed to complement the existing architectural theme of the nearby
Municipal Center. The proposed buildings are brick with a hipped roof of
architectural asphalt shingles. Three decorative dormers are proposed on the
front of the building along with a painted cornice trim. Brick jack arches are
depicted over the windows and brick rowlock sills underneath the windows.
Four decorative columns define a recessed front porch and entrance to the
buildings. A screened porch is proposed for the rear of the structures. Twelve
residents will occupy each structure. Supel\lisory and clinical staff along with
various consultants will be on the site to care for the occupants.
The Planning Commission placed this item on the consent agenda because the
proposed use is compatible to the surrounding area and consistent with the
recommendations of the Comprehensive Plan, provided a much-needed sel\lice
to a segment of the City's population in need in a suitable location within the city.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with two
abstentions due to conflicts to approve this request with the following conditions:
Virginia Beach Community Development Corporation
Page 2 of 2
1. The site shall be developed substantially in accordance with the submitted
"Conceptual Site layout Plan of Biznet Residential Village, Virginia Beach.
Virginia", prepared by MSA, PC, and dated 8/23/04. Said plan is on file in
the City of Virginia Beach Planning Department.
2. The proposed buildings shall be constructed substantially in accordance
with the submitted elevation titled "BIZ-NET VilLAGE", dated 7/21/04.
Said plan is on file in the City of Virginia Beach Planning Department.
Before construction of the buildings the applicant shall submit to the
Planning Director, or his designee, brick and paint samples proposed for
the buildings.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmentfAgency: Planning Department"--
City Manager: ~~ \(. -Ö6 ~
,.~::iAs£¡'"
/..,<f'.';..~ '" ('I;'
",""T,"'A
{~~~~,9
112-216-CUP-2004
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
Agenda Item # 23
September 8, 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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
EXISTING
LAND USE:
Location and General Information
Conditional Use Permit for a Facility for the Disabled
Property located at the
eastern side of West Neck
Road approximately 2000
feet south of North Landing
Road.
,ø,,'
.~ '"
::=.. q"
.-
I
::::.:=::...~..._,
\~
-\
-~
""""-
,
..
,\
,,"-::1'
";::::;.)"'::::-""'-'-
14939970530000
7 - PRINCESS ANNE
12 acres
The site is heavily wooded and an upland part of the West Neck
Creek Park.
VA BEACH COMMUNITY DEV'T. CORPORATION
Agenda Item # 23
Page 1
South:
. West Neck Creek Park I AG-1 Agricultural with an
HIC Overlay (Historic and Cultural District)
. West Neck Creek Park I AG-1 Agricultural with an
HIC Overlay (Historic and Cultural District)
. West Neck Creek Park / AG-1 Agricultural with an
HiC Overlay (Historic and Cultural District)
. West Neck Road
SURROUNDING
LAND USE AND North:
ZONING:
East:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is part of the City of Virginia Beach West Neck Creek Park.
The park is a rambling reach of land, more than two miles in length,
lying on both sides of West Neck Creek. Most of the land is forested
wetland and floodplain, and can be described as environmentally
sensitive. As much as 80% of the trail system through the park has
been completed. West Neck Creek is a designated Scenic Waterway
of Virginia Beach and is a popular canoeing stream. The site
proposed for the intended use is not known to be impacted by
wetlands.
AICUZ:
The site is in an AICUZ of 65 to 70dS Ldn surrounding NAS Oceana.
While the proposed use is generally incompatible within the 65 to
70db Ldn, the United States Navy is not strictly opposed to the
proposed facility and comments that if it is determined that the use is
allowed they would recommend full compliance with the acoustical
standards as set forth in the City Zoning Ordinance. The applicant
intends to comply with the recommendations of the City Zoning
Ordinance in that regard.
Summary of Proposal
The applicant proposes to develop the site with two residential structures designed to
meet the needs of adults with mental retardation who are underserved in the community
due to the complexity of their conditions. The Intermediate Care Facility will be licensed
by the State Department of Health and will provide a barrier free environment with 24-
hour supervision and medical support. Medicaid revenues will provide operational
funding.
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 2
The submitted conceptual layout plan depicts two proposed structures, associated
parking, and a stormwater management facility. Each structure is one-story in height
and 7,289 square feet in area. The exterior of the buildings are designed to complement
the existing architectural theme of the nearby Municipal Center. The proposed buildings
are brick with a hipped roof of architectural asphalt shingles. Three decorative dormers
are proposed on the front of the building along with a painted cornice trim. Brick jack
arches are depicted over the windows and brick rowlock sills underneath the windows.
Four decorative columns define a recessed front porch and entrance to the buildings. A
screened porch is proposed for the rear of the structures. Twelve residents will occupy
each structure. Supervisory and clinical staff along with various consultants will be on
the site to care for the occupants.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Starr's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the Comprehensive Plan recommendations for the area.
. Compatibility with surrounding uses.
. A demonstrated need for the use within the community.
Comprehensive Plan
The Comprehensive Plan recognizes this site to be within the Princess Anne I
Transition Area of the City of Virginia Beach. The Comprehensive Plan encourages that
the important elements of a land use proposal such as natural resources, amenities
(open space/recreation), development design, infrastructure, and other elements are be
given considerable weight when designing the proposal.
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 3
The Plan states that: "There is a shortage of housing for individuals and families with
special needs such as senior housing and persons with disabilities." (Page 240)
Regarding housing for residents with disabilities, the Plan recognizes that".. . efforts
must also be configured to provide the maximum opportunity for independent living.
This may take the form of ensuring that housing is physically barrier-free or it may be
congregate living that enables residents to benefit from social interaction and shared
supportive services. Although such housing may seem costly or inconsistent with
current ideas of conventional living arrangements, the alternatives are often far more
expensive. If affordable and accessible housing is not available within the community.
residents with disabilities may be forced to live, unnecessarily, in institutions such as
nursing homes, psychiatric hospitals or with aging caregivers."
The Plan further states "The South Hampton Roads Disability Services Board (DSB)
has documented the need of housing for persons with physical disabilities since 1993 in
updated reports entitled Needs Assessment of Persons with Physical and Sensory
Disabilities. The reports have consistently indicated that the lack of affordable
accessible housing is a continuing problem for Virginians with disabilities and indicates
the need to increase the supply of housing for persons of all ages with physical and
sensory disabilities and their families. The most recent report, December 2002,
indicates unmet needs for housing that is accessible and affordable and also speaks to
the need for housing with support services as well as homes facilities." (Page 241)
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 use is consistent with the recommendations of the Comprehensive
Plan. The Plan recognizes the need to provide housing for individuals and
families with special needs such as senior housing and persons with disabilities.
(2) The proposed use is compatible with the surrounding mix of municipal uses,
private service uses, and private homes.
(3) The Department of Human Services conducted an exhaustive search of City-
owned sites for an adequate property on which to develop a facility for mentally
VA BEACH COMMUNITY DEV'T. CORPORATION
Agenda Item # 23
Page 4
fragile adults. This site is identified as the City-owned property that is most
suitable for the project. BizNet (a private, non-profit group) and The Virginia
Beach Community Development Corporation have partnered to develop the
project.
Staff, therefore. recommends approval of this request subject to the conditions below.
Conditions
1. The site shall be developed substantially in accordance with the submitted
"Conceptual Site layout Plan of Biznet Residential Village, Virginia Beach,
Virginia", prepared by MSA, PC, and dated 8/23/04. Said plan is on file in the City
of Virginia Beach Planning Department.
2. The proposed buildings shall be constructed substantially in accordance with the
submitted elevation titled "BIZ-NET VillAGE", dated 7/21/04. Said plan is on file
in the City of Virginia Beach Planning Department. Before construction of the
buildings the applicant shall submit to the Planning Director, or his designee,
brick and paint samples proposed for the buildings.
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.
VA BEACH COMMUNITY DEVT. CORPORATION
Agenda Item # 23
Page 5
Supplemental Information
ZoninQ Historv
There is no zoning history to report for the parcel or the immediate surrounding area.
UPDATE: On August 24,2004, the City Council approved a Conditional Change of
Zoning on property to the west on the opposite side of West Neck Road for a residential
development (Manchester Station).
Public AQencv Comments
Public Works
I Master Transportation
Plan (MTP):
West Neck Road in front of the site is considered a \
Minor Arterial (suburban) roadway. It is currently a two- I
lane undivided facilit . '
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Caoacitv
Existing Land Use-'-
West Neck 2.500 13,600 -0
Road ADT' ADT 1 Proposed Land
Use 3 - 203
Average Oa,ly T"P5
'a5 defined by the wooded parcel
'as defined by the proposed faÖlily
Public Utilities
Water and sewer issues will be addressed during the detailed site plan review process.
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
VA BEACH COMMUNITY DEV'T. CORPORATION
Agenda Item # 23
Page 6
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strate ies as the ertain to this site.
Fire and Rescue:
Fire Department concerns will be addressed during the
Development Review Process and the Building Plans
Review Process.
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 7
Exhibits
Exhibit A
Site Location
i.ii
)11
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 8
-ÞC
~
'"
~
-
,
. .~
~ ..... ~ >.
¡¡; Ili ~-5
.c:~õ
t.~ H
5 CD ~5
c
~
{:
~
I~i'!
'------- .
¡.,
~H!¡ j
",.,n.
~~ ,n
c;¿ ¡¡;
~qt
d
~
š
g,
.'1'
"
8 i
~I ~
V, .Ji
: i I
I
......
---..;
,,",'
'--
~
~
Exhibit
Proposed SI
PI.
VA BEACH COMMUNITY DEV'T. CORPORATION
Agenda Item # 23
Page 9
1=
,,~,----._--
I,
------'-
~
,-1---
'1
'~
"
I
I
1
I,
I'
,
i
1
!
Ii
II
1\
Ii
I
1
II
Exhibit C
Proposed
Elevation
I
,
I
:1
'I
"
'I:
I'
I'
I: I
I,
I
I
I
I
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 10
Exhibit £:
Proposed Fiool
Plar
- -- --------
--
/
" - -' ,
f-~~=O~-E;r--~~~_T-'~-~~ )-!-'~- --,,-' -- -- --~
; -t~ 'u>l ~l ~~~ J- ,-
;lJ~~ i¡~- r, '-~',
1 : /-'¡ ; ,I: ,: (
0" . L,,~-" L~",=~}
. ,. t~~~~-. ~~r; ~:ii [~
-~j~;." i A:~~n--:r:
[", ';""bJ~-J::J'-'>,',-"":':'- h,oc'--->:'~"'Ç>~--'l
'-~:~--11 i -, iý 'IcY-' '
-----rnL¡ /1; ¡:-' \
t-, -",-, n~~_l~",,~./
~I
~!
, :'1
~n!
--~~.
Ì :
"
I, -,
_C_J -',-"~ ,~, ,~]
'. I' ,. í .
; ,.( :,":
'=' -- ' """"..",". "-,""" --
---' -------- -----------
----- - - - -----
-----------------
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 11
Exhibit E - 1
Disclosure
Statement
NOI1VJIldclV lIMI3:d 3:Sf11VNOI1IGNOJ
f-
Z
w
::E
uJ
f-
«
f-
1/1
W
a:
:J
1/1
~
Ü
1/1
Õ
~
oc
¡o~
{;:,
Q ': --
Q
:ê ,: ~
"
"' ~ ~
" "','
~,+-~ ,; ~ '!:
, ~n
JH~¡i}~
I ,
I ~ ,
" '
,~
, ,
IHi
.. -
, ,,~
" ,
'.' ,
~~~
c; ::
, " -
<"C'
- ,,',
"'" -,
,';} ~
~H:
ë "",
"Hi
i
~
,,'
" ' " :- " '; ;
--
--
g}~ i '~'
~n;
(-
~,' "
¿
"
NOIIV3IlddV lIWRad aSfllVNOIlIUNO3
-, '
'..
-- "
-,
~n
~~~ ,
~,; ~; ,
0""" -
~:
~ ~ ~ ¡-f '
'~ En :
..
VA BEACH COMMUNITY DEV'T. CORPORATION
Agenda Item # 23
Page 12
"'\
z
0
~
0
:¡;
o~
,-,0
"ffi:
':oM
~1!d
~¡¡j:
W~~
~ ~:<.
~~;
0" ,
:"'~
g 8.~
'" ~
'-'=
~"'
"
z
~
'>
"
I
: \\!
g§:, 0
o."
t;J::
:': ~ " ~ ~
z z - ..
"
u
,
,
~ . -. ¡;¡
:;; p
~
§
,
:~:l
~
H! ~~
<
"
~
_.m.
., "
:~:j:L~t
'e
.,
~
II :.:.¡¡¡ ;1¡¡H:¡¡¡;h¡m!¡@~¡j¡¡; ,;
.. ",.
è-
~
I .. ~ 0
~ ê ~
>-z
Sg '"
~ ~ ;,
I ~~ ';
"0 c
z" -
~ ¡¡ ~
z
~~ Pi
~; g g
~n§
¡; c ::; ..
:::" " 0
0
:0 ,
" ;: ~
~ ;
I ~ ~
,,'"
I ê ~ <
;Eo.
..
"
..
'"
::!
c
5!~
"" . N
I 0 Z <
,,~ ,,~
I ~~ ~ ~ ¡¡
;; ~ ~ ~ ~
I : ~ 2 ~
; ~ ~ ~ ~
g
~
"
c.
0
"~
~
0
8
,
,
>
p
,,~
s!
;;
" "
g
~ -
J
; ~
8
~ -
0
j"
c
r
~~
g
~
~
~
ö
!!
~
~
5 ~ ~
û5~
of
~o~
z;;c
~H
0 p
~ ~
0 "' ~ ~ ~
" ~ ~~~
~"~ ~~~
>h "~~
H~ ~5~
H ~ ~~ ~
z
~
,
., t
H
z
g
~
~
~
;;
.. ..
0
~
~ ~
I ~
<-
" "
~
0
> ~
,
,
~ c ..
" 0 4
" "-
~ "8
¡¡¡J¡!
"
~
¿
~
..
~
~
~
"
"
0
L~
,ji:;
~r~
5g.
z ~ ~
"'U
Exhibit E - ~
DisclOSUrE
Statemen'
~
c
.~
.
I =
1
~
..
ö
c ~
c
>
..
~
~
-.
~
~
--
..
..
..
" , I
~ , I
~ -. I
; = g I
'"
> ~
l'
, I
~ I
~ §
0
"
i
t,
z
0
"
c
t
I
" ~
"
---.,
I
I
I
"
0
,-,
i
i
~
ö
3
..
e
0
>
,
0
I r ~
..
"
~
.
.
0
,
g.~ :_~
¡j§~ §~~
;~;j~~
." c
~d~. ~
0 ." ž ,~
H~ ~:'"
~
.,
~
..
..
..
.
>
.,
6
~
~
0
..
g
~&~
~:~
~
~d
..
z
0
~
~
" ~ ~
i~~
. > .
~ " ~
" ,
f
~
~
~
~
~
Q
VA BEACH COMMUNITY DEVT. CORPORATION
Agenda Item # 23
Page 13
Exhibit E - 3
Disclosure
Statement
..0. !!J.;hment 2
Bta.;h Pmpenies, [n~, IS a wholly Oll'i\crl '~lIbsidi"ry of \"BCDC [t wa~ ~ptcit".:,,!,"
CT'e~!ed to be the :Vlanagmg General PMInCr of Cit),..,'jcic ¡ [orne, :011 I LP Citywide
Home, 2001 LP was created to provide a Federal Low Income He'using Tax C, ".Ii;
Projccr. Beach Properties. IDc has a .001 % imen;st in Cit\widc Homes 2001 LP,
VA BEACH COMMUNITY DEVT CORPORATION
Agenda Item # 23
Page 14
- 45 -
Item lli-K.1.h.
PUBUC lŒARlNG
"EM 41 17655
PLANNING
Attorney Ed Bourdon, Pembroke One, Fifth Flocr, Phone: 499-8971, represented the applicant
Upon motiOfl by COWIcilmøn De4n, seconded by nce Mayor Sessoms, City CQlUlcii ADOPTED 1M.
Ordinance IIpOn applicotiOft of HAROLD DEAN FLORA., SR. AND M4RY EUEN FLORA for a
Corrtlitional Change of Zoning District ClassificatÜJII:
ORDiNANCE UPON APPUCATION OF HAROLD DEAN FLORA, SR..
AND MARY ELLEN FLORA FOR A CONDmONAL CHANGE OF
ZONiNG DISTRICT CLASSIFICATION ZOl941410
BE IT HEREBY ORDAiNED BY THE COUNCIL OF THE CFIY OF VIRGINIA BEACH. JlTRGINlA
OrdintlllJ:e IIp(HI application of Harold Dean Flora, Sr., and Mary Ellen
Flora for a Conditional CÑJnge of Zoning District Classification from
AG-2 AgriaJturrll District to B-2 Community Buainess District on the
nortJrwest side of General Booth Boulevørd, sollthwest of Culver LAne.
Vie proposed œning classificlltiorz chllnge to B-2 is foT general
cOttllfW:rcial ù1.Iul use. The Comprehensive Plan rewmmends use of this
pIlrcel for bvsinesslreseørch center in accordance with other Plan
policks. Said parcel is located at 1941 General Booth Jjq¡¡levørd and
contains 21,600 squore feet. PRINCESS ANNE BOROUGH.
77te following condition shaJ1 ~ required:
1.
An agreeme..t e/lco1flJlØSSing proffers sha/ll>e recorded with the
Clerk of the Circwit C{JIUrt.
1ñe OrdÎNllICe sItall ~ effectiw in accordance with Section 107 if) of the Zoning Ordifl4/fCe.
Adoptal by the Council o/the City of VirginÍlz Be4ch, Virginia, on the Twentv-fifth of JiUlWlry Nineteen
HU1tdred mtd Nin#:fY-Fmu.
Voting:
10-0
Council Members Voting Aye:
Jolul A. &lIIII, Linwood O. Bruch, Ill, James W. Brazier, Jr., Robert W.
Clybwn, Robert K. lJeDn, Louis R. Jones. Pa,Û J. lAn/eigne, Mayor
Meyera E. Obemdorf. N4Ircy K. Parker ØIId '/lice Mayor Willialn D.
~._-- r-
Zoninq History
Map K-1I
Dr.
liances
",p"Jv' " "co"
~
r
Cnnd;rioual
1-1
, . '
, ,". --, ' "
"/þ 0 ~ C1~~~
~2> ",,;--;>~,~~/ <t~;~~)i ,
1 coB~r;2"aI4 .~" ~{/;>$S¡/!\f:{jf¡{ G -
/~ >< - ~ --,~ i/ :Ý~:1~5i,,<h þ'
2<&/ ,:~ð5>:>2 ~:~ " "ff!~;:=
ô/~;' ~',/;i?,:;~"~,~<>,/~~~.!R:~;,W£
conš~i~~,>?~~:>.~~,/~~~,!Zt,P~," i~j, ° !if--:,f;,~
~ °l/-/(J?/ -':', :;';'~-'~':"':'</';, ~~ ,,'~ ,í-..-:
o<;",~//_"'-<' ,"~';'!', /<:j',!,',j,~'ço;¡ß¿-" :"?é,"'-,,/,'-'l,,,/;¡
-;'. \"". /i'~i'.."U!i--V----(::;./"""'-'J
° ~/, !/ ' &im ' , ! ~'~ (J\;¡~IÖ? '- ,'-<;V~'/
. <;;;;" - 6J/_:=~<, /~ ~:,;«'>~:~G»~e~::,¡,:ti¿;¡
-"()L\}f!r:,1T!O\,(JF:n',,)fI1,),~,
~/
0<'
~
!#IDATE ¡REQUEST
1 03127/89 Conditional Rezoning from AG-2 to H-1, B-2, A-
24,1-1 & 0-2
Conditional Rezoning from AG-2 to 1-1 & B-2
Conditional Rezoning from AG-2 to B-2
Modification of Conditions
Conditional Rezoning from AG-2 to B-2
I ACTION
2 08/14/89
3 01/25/94
4 11/22/94
5 11/25/97
Withdrawn
Granted
Granted
Withdrawn
Granted
~~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Dr. Johnny's Appliances - Modification of Conditions
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Dr. Johnny's Appliances for a Modification of
Conditions for a request approved by City Council on January 25. 1994 (Harold
Dean Flora. Sr. & Mary Ellen Flora). Property is located at 1941 General Booth
Boulevard (GPIN 24152048380000). DISTRICT 7 - PRINCESS ANNE
.
Considerations:
The Conditional Change of Zoning from AG-2 Agricultural District to Conditional
B-2 Community Business District was approved by the City Council on January
25, 1994 with nine (9) proffers. The applicant is requesting a modification to
Condition #7, which requires the freestanding sign to be externally illuminated
with lighting positioned at ground level. The applicant desires to modify the
condition to allow an internally illuminated sign rather than a ground-lit sign.
The applicant has applied for a sign permit, and a new sign has been installed
with the condition that it would not be lit without City Council's approval of this
Modification of Proffers for an internally lit sign.
The new sign would be compatible with signs located along General Booth
Boulevard that are both internally and externally lit.
The Virginia Beach Development Authority representing the Corporate Landing
Business Park adjacent to this property has provided a letter in support of an
"aesthetically constructed monument sign with internal lighting".
The Planning Commission placed this item on the consent agenda because the
internally lit sign will be compatible with existing signs along General Booth
Boulevard.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
Dr Johnny's Appliances
Page 2 of 2
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen+-
City Manager: ~~ )c .~ d't.
r.~&5,îiA'8i:~;;",
;;-1,' t',;:: ~,
\~~.~»
K11-210-MOD-2004
DR, JOHNNY'S APPLIANCES
Agenda Item # 13
August 11, 2004 Public Hearing
Staff Planner: Karen Prochilo
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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Modification of Conditions to the Conditional Change of Zoning from
AG-2 Agricultural District to Conditional B-2 Community Business
District approved by City Council on January 25,1994.
Property
located on
1941
General
Booth
Boulevard
Road,
.,'" K"
-'0 ", ',' ..,.
Dr. ohnn 's A liances
, '-it~~""~'/'~,Q,'
. c"'~1
.~,b l)'<~£~"~f/ß~;~j'1' :
'73:2'" ~"ó;;-~¿;;~AØ, :~~
~~:~'"o""';~:,~i
<:; ,Ii!"; '~';.A:ì .',.. :'ê-i~---'
~,-,>,~ '()":"¡j:>,~~~.tar"'i;GJ/,_r;;~
,.~,....r,,<j;?:~,",":-:(;-,~<,'{',7),"",:'(,~ :(,-%,,°,' d,!J,:'~~,'
, 8,'"'t"Ç,,'~,WÒ,<~'.'.",<;;;,~". '~~, ~,ft5-5
" ;A' ~~;;""~~~',;"\i:~ '<:O~"Q<;4
,,'\¡; d»r1iW ¡:~i1Î'. ~."':1l'::,-w """','
,'--",i/.,'"""'J"\'<""',,,,'~¿; .'."I';o;:;j
ì
c.,.""".,
]-1
~' .
r"
W:)-,'
I~,;:'"
'<6' ,"
24152048380000
7 - PRINCESS ANNE
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 1
SITE SIZE:
0.704 acres
EXISTING
LAND USE:
Residential building used for sales, service and parts for appliances
East:
. Corporate Landing Office Development I B-2
Community Business District
. Across General Booth Boulevard is Ocean Lakes.
a single-family residential neighborhood I R-1 0
Residential District
. Corporate Landing Office Development I B-2
Community Business District
. Corporate Landing Office Development I B-2
Community Business District
SURROUNDING North:
LAND USE AND
ZONING: South:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There is an existing building and parking on the site.
AICUZ:
The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana
Summary of Proposal
The Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2
Community Business District was approved by the City Council on January 25. 1994.
The Conditional Rezoning has nine (9) proffers:
1) The GRANTOR covenants and agrees to use Best Management Practices for
controlling stormwater runoff which are reasonably applicable to the development
of the site and in keeping with the recommendations of the Southern Watershed
Management Ordinance.
2) The GRANTOR covenants and agrees to submit a detailed tree protection plan
at the time of the site plan submittal.
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 2
3) Any building constructed on the premises will adhere to the following
requirements: Minimum setback from General Booth Boulevard - 35 feet;
Minimum setback from side property lines - 15 feet; Minimum setback from rear
property line - 15 feet; Maximum floor area ratio - 1.8; Maximum building and
paved area coverage - 88%; Maximum height - 35 feet.
4) Continuous evergreen and lor low berm screening shall be provided along any
side of a parking lot that abuts General Booth Boulevard. Berms and landscape
screening shall be employed to screen any loading areas. Exterior storage will
not be permitted.
5) The use of fencing on the property, other than for required screening of trash or
equipment, is not permitted.
6) Lighting shall adhere to the design criteria currently on file with the City Clerk, for
commercial areas within the adjacent Corporate Landing Development.
7) Freestanding signage shall be of a monument style and externally illuminated
with lighting positioned at ground level and designed to avoid glare onto adjacent
properties.
8) Exterior building material shall primarily be either glass, stone faced block, pre-
cast concrete stucco. The exterior surfaces shall be in an earth tone color with
any trademark colors limited to accents and signage.
9) The following uses shall be the only uses permitted on the premises. Those uses
requiring a conditional use permit from City Council shall continue to be required
to obtain said conditional use permit, and City Council by accepting this proffer
does not grant the right to place any conditional uses within the property.
a) Bakeries, confectionaries and delicatessens, provided that products prepared
or processed on the premises shall be sold only at retail and only on the
premises.
b) Business studios, offices, and clinics.
c) Child care and child care education centers.
d) Drugstores, beauty shops and barbershops.
e) Eating and drinking establishments without drive-through windows.
f) Financial institutions.
g) Florists, gift shops and stationary stores.
h) Service and repair services for business machines assign shops and other
small service businesses.
i) Grocery stores. carryout food stores and convenience stores in a structure
with a gross floor area of less than five thousand (5,000) square feet.
j) Laboratories and establishments for the production and repair of eyeglasses,
hearing aids and prosthetic devices. .
k) Laundry and dry cleaning agencies.
I) Medical and dental offices.
m) Museums and art galleries.
n) Job and commercial printing.
0) Personal service establishments, other than those listed separately.
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 3
p) Public utilities installations and substations, including offices.
q) Repair and sales for radio and television and other household appliances.
r) Retail establishments, other than those listed separately, including the
incidental manufacturing of goods for sale only at retail on the premises; retail
sales and display rooms.
s) Veterinary establishments and commercial kennels, provided that all animals
shall be kept in soundproof air-conditioned buildings.
t) Accessory uses and structures which may be reviewed and approved by the
City of Virginia Beach Zoning Administrator which are clearly incidental and
subordinate to principal uses in accordance with the Virginia Beach
Comprehensive Zoning Ordinance,
The applicant is requesting a modification to Condition #7, which requires the
freestanding sign to be externally illuminated with lighting positioned at ground level.
The applicant desires to modify the condition to allow an internally illuminated sign
rather than a ground-lit sign.
The applicant has already applied for a sign permit, and a new sign has been installed
with the condition that it would not be lit without approval by City Council for an
internally lit sign.
The new sign location is depicted within the stormwater management facility (SWMF).
The 75 square feet of landscaping required by the Zoning Ordinance to be planted with
the sign will be located in an area agreed upon by Staff and the owner once installation
of the stormwater management facility and the sign is completed.
Major Issues
The following represent the significant issue identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which this
issue is adequately addressed.
. Compatibility with the Primary Residential Area along the General Booth
Boulevard corridor and the Corporate Landing Business Park developed by the
Virginia Beach Development Authority (VBDA).
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 4
Comprehensive Plan
The Comprehensive Plan recognizes this site to be within the Primary Residential
Area's Site 4 South, General Booth Boulevard Corridor.
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
Paragraph 7, Page 3 of the Original Proffers are hereby
amended in its entirety and replaced with the following
language:
"Free-standing signage shall be of a monument style with
internally illuminated lighting."
PROFFER # 2
The remaining conditions and covenants of the Original
Proffers remain unchanged and are incorporated herein
and made a part hereof.
PROFFER # 3
Further conditions may be required by the Grantee during
detailed Site Plan review and administration of applicable
City codes by all cognizant City agencies and departments
to meet all applicable City code requirements.
Staff Evaluation of The requested change, as discussed below in the
Proffers: Evaluation Section, is acceptable.
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 5
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated July 26, 2004, and found it to be legally
sufficient and in acceptable legal form,
Staff Evaluation
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses the 'Major Issue' identified above. This applicant intends to
upgrade his existing sign with a new internally lit sign. The new sign would be
compatible with signs located along General Booth Boulevard that are both internally
and externally lit.
The Virginia Beach Development Authority representing the Corporate Landing
Business Park adjacent to this property has provided a letter in support of an
"aesthetically constructed monument sign with internal lighting".
Staff, therefore, recommends approval of this request as proffered.
NOTE:
Further conditions may be required during the
administration of applicable Cit Ordinances.
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 6
Supplemental Information
Zonina History
Map J(-ZZ
~'o 'c', ',0 ~oele
Dr.
liances
~
N
j
Cnndiri"""l
I-I
"" ",> '" c' ,,/,
Cond;ri:¿"~i--~ ~\.. / .' J
B - Z\\:,~::~ ; :i\,
/) ~-~, ' J!~"di'
'3~o , ~~':?Ð~":G:
,e, /' <;> <) .,' / " ;1;)" ",'
, \ ~v~ ",/:~'f/"'~.~ I/~/
~',) /,//'/¿?,< 'i;þ" --¡%<7:o:; .
CnndUional ¿ ", "', ',":';"':', ./X ,ç,,~,J,,'ò,^~, 0:",<,"',',',1'
8-2 ' ~/;;/#<J5."~ ",~-;1G-
1 4, ~,'){;:>,'.':~~i/ ~~, ~'5':"J ¡,;'
2 '/'.di./,/ ...... ~ : jo </~'\,(. Y";"ÞG
./ ~/'Rtib', r 1': ',¡-' '-, Sol ',,-'0,
l~eß:...2\ð;~, ¿~, ~,~ ~'~191'~<~;
"i't-~' ,p~ ,-¡}~ /' ~o t- ~(] '$,.J.~
Candirional 9,f.~~;',/',~,>".<.~<J;¡\if-.l:.¿"ò- I.":~" . ,!,f:r--~~j,~~,-
B-I'I<2:1.W' ,"*., "'!' -iÞ,~-'" !~o:- ,-"-Ii; [~ -r,
<I',::-;y," "'""'/' /~~'/~/"r'/" ',' ,f¡~-" 'CJ",
" <G, é," \ <Ø, / ~'<:;5, ','<'5/yi,D,' ,tf) '--,/~ , ,'Q),:,
'",4' a\nl iÐ2~.l"-"",'-'<",~'
.//~{-, OJ)Cç", E(fì . ,/"/~~~,~" ',~: /j)~.:,<:v" ,,~<:I
, ./ (,.;,/' q ,/~~'::-"./' C).'. -..:::::' /(:) // f'i'5f <P- " , :~
^A()!J"ICAJlON\ OF CO'l!JIJ/O^,',
~'
-<
~,:" ~
I,
I", j"
~~
~ '~)~)' \""
I#IDATE I REQUEST
1 03/27/89 Conditional Rezoning from AG-2 to H-1, B-2, A-24, 1-1 &
0-2
Conditional Rezoning from AG-2 to 1-1 & B-2
Conditional Rezoning from AG-2 to B-2
Modification of Conditions
Conditional Rezoning from AG-2 to B-2
I ACTION
2 08/14/89
3 01/25/94
4 11/22/94
5 11/25/97
Withdrawn
Granted
Granted
Withdrawn
Granted
DR JOHNNY'S APPLIANCES
Agenda Item # 13
Page 7
.(
Exhibits
Exhibit A
Aerial of Site
Location
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 8
Exhibit
Proposl
Site PI;
r
~
I \L HAND;CAPPED SIGN
. 8' PTWOOD
RECYCLING
ENCLOSURE
~
.
k
(:
"
r--,
,. .. .ì
( ,~-,:
2-SIORY
nln"
,
.,
~
ll-..
--: ,f-
,- -~.
I""
I-SIORY
BRICK
\1
I,
I '
il
..,.
'~
\
q
\.!
'. SWM
,.',
__'ct;;1
'?~
\,;"
'~-.¡i? -
\¡4, v
.F.
.. 2Q~O £;;,,~
(1/.8. i'6ð. pp. 16)
¡--
~
,.'-',
11
I
. .
5IDÐ¥A'
- ..
'%6~
- ~---, §
~ ----" .
~ ~ \ ~
~ & \\~
-.
~w
~i3
~'~~~
~"a: '"
I ~' I
W "::."
"'> .... ..
3:0 @-;
~Gi I ~
:óo:L .. ~ ii:
- ---Ie ..;--o-_.~-
- - -- ;:.---
Boor H
!yþR~8LE Wfr)iH RI!J8,
:JM.B. '66. PG. -1¡8i'.:
SIGN LOCATION PLAN
FOR DR. JOHNNY'S
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 9
Exhibit C
Proposed Sign
Elevation
.,;,', 'i'
FÒ)"~" (~..;,
" :0", 0'
., ',0 '..
48"
eo" ^- . ^
36"
24"
36"
~""
~
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 10
Exhibit D
Existing Sign
Photograph
..~
DR. JOHNNY'S APPLIANCES
Agenda Item # 13
Page 11
I-
Z
w
::;:
W
I-
<
I-
'"
W
a:
:J
U\
0
....1
()
'"
õ
..
, .
, ; i
",;;"
H~£
~n~
'" ~, '
is:;,
~=E~
~ ( ,~
0 ,~ è
§;-H
Do -..
"~~~
,
'õ ~
; ; "
, ' ;
,; .
Hi
; ~~
H~
ni~
llil
Eël1:
c , , '
. .- . ,
H~t
" , . -
-£.~o-..~.
¡Pi
~,n¡
Hi~
: ,,"0 ..
::? :: ~
- .
, .
'C"-: .'
c . - ..
NOI1VJndclV SNOI1IUNO3 dO NOI1V3ItlIGOW
I-
Z
lJJ
::;:
lJJ
I-
..:
I-
m
w
a:
:J
( U\
0
...I
U
U\
Õ
. .-.'
- .
., ~.,
'"0 0
, ".
HH
~de
:;::,
~l
dE
H
~~
¡¡":
~ ;
0
-
. ,
5-
f[
iE
~~
~-
n
-..
, ,
",
- -
'- >
~ ,
. - ,. - . -
;~t; .-':~~i-
~~~~~~':':;;"
"",.,éc-c:"",
<HnnnH~
c
z
j¡! ~ ':
¡¡¡~z ~'
iB~
~ ; ~ c
~<;<o
'.. ,
, .
, .
-
~ -
Exhibit E
Disclosure
Statement
~ " - - "
" ~.
õ:
~.
~i ;
'.
.. -
DR JOHNNY'S APPLIANCES
Agenda Item # 13
Page 12
Item #13
Dr. Johnny's Appliances
Modification of Conditions
1941 General Booth Boulevard
District 7
Princess Anne
August 11,2004
CONSENT
William Din: My next item is Item #13. This is Dr. Johnny's Appliances. This is
application of Dr. Johnny's Appliances for a Modification of Conditions for a request
approved by City Council on January 25,1994. The property is located at 1941 General
Booth Boulevard in the Princess Anne District. There are no conditions but nine (9)
proffers.
John Clifton: My name is John Clifton and I own the property and the business. I agree
with whatever is there.
William Din: Thank you very much. Is there any opposition to placing this on consent?
Seeing none, Mr. Knight will be commenting.
Barry Knight: This applicant intends to upgrade his existing sign with a new internally lit
sign. The new sign will be compatible with the signs located along General Booth
Boulevard. They're both internally and eternally 1it. So you can see with what he wants
to replace it with. We certainly don't have a prob1em with it so we placed it on consent
agenda.
William Din: Thank you Barry. I'd like to make a motion to approve Item #13, an
application for a Modification of Conditions on property located at 1941 Genera1 Booth
Boulevard in the Princess Anne District with 9 proffers.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
AYE 11
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Item #13
Dr. Johnny's Appliances
Page 2
WOOD
AYE
Ed Weeden: Bya vote of ] ¡ -0, the consent item has been approved by the Board.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5945
DATE: August 25, 2004
TO:
Leslie L. Lilley
William M. Macali (ÅÂ-
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE:
Conditional Zoning Application
Clifton Ventures, Inc. tla Dr. Johnny's Appliances
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 26,
2004, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel tree to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
cc: Kathleen Hassen
CLIFTON VENTURES, INC., a Virginia corporation ("Applicant")
AND
JOHN L. CLIFTON and THOMASA A. CLIFTON ("Owners")
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS MODIFICA nON AGREEMENT is made this d..IJ!!.. day of ~' 2004, by and
between CLIFTON VENTURES INC., a Virginia corporation, tla Dr. Johnny's Appliances
(" Applicant"). for recording purposes Grantor; and JOHN L. CLIFTON and THOMASA A.
CLIFTON ("Owners.), for recording purposes Grantors; and the CITY OF VIRGINIA BEACH,
a municipal corporation of the Commonwealth of Virginia ("City"), Grantee.
WITNESSETH:
WHEREAS, John L. Clifton and Thomasa A. Clifton are the owners of a certain parcel
of property located in the City of Virginia Beach, Virginia, as more particularly described on
Exhibit" A" attached hereto and incorporated herein by this reference ("Property"); and
WHEREAS, the Owners are the sole shareholder, board of directors and officers of the
Applicant which conducts and operates its business at the Property; and
WHEREAS, the Applicant and Owners have filed a Modification of Conditions
Application addressed to the City so as to modify certain proffered covenants, restrictions and
conditions dated December 22, 1993 recorded in Clerk's Office for the City of Virginia Beach,
Virginia in Deed Book 3340 at page 0824 ("Original Proffers") filed in connection with a
Conditional Change of Zoning District Classification of B-2 Business District filed by the
previous owners of the Property; and
WHEREAS, the City's policy is to provide only for the orderly development of land for
GPIN: 24152048380000
Prepared by Wolcott Rivers P.C.
various purposes through zoning and other land development legislation; and
WHEREAS, the Applicant and Owners acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various
types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Applicant's use of the Property is zoned: and
WHEREAS, the Applicant and Owners have voluntarily filed a Modification to the
Original Proffers, in writing, in advance of and prior to the public hearing before the City,
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the City or its governing body and without any
element of compulsion or .Q.U.jsl Rm !W.Q for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following modification to the Original Proffers which
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenant and agree that this modification to the Original Proffers shall constitute
covenants running with the Property, which shall be binding upon the Property and upon all
parties and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
, .
Paragraph 7, Page 3 of the Original Proffers are hereby amended in its entirety
and replaced with the following language:
"Free-standing signage shall be of a monument style with
internally illuminated lighting."
2.
The remaining conditions and covenants of the Original Proffers remain
-2-
unchanged and are incorporated herein and made a part hereof.
3.
Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
The above conditions, having been proffered by the GRANTOR and allowed and
accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by
written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property at the time of recordation
of such instrument, provided that said instrument is consented to by the GRANTEE in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of the GRANTEE. after a public hearing before the GRANTEE which was advertised
pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended.
Said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
The GRANTOR covenants and agrees that:
1.
The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
-3-
noncompliance with such conditions be remedied, and (b) to bring legal action
or suit to insure compliance with such conditions. including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit,
or proceeding;
2.
The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be
appropriate;
3.
If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the GRANTOR shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
4.
The Zoning Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and
the conditions may be readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning Department, and
they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the
GRANTEE.
WITNESS the following signatures and seals:
GRANTOR:
CLIFTON VENTURES, INC.
A Virginia corporation
~ 7: d/L - i1'-tl~./
John L. Clifton. President
-4-
GRANTORS:
~ r d/L
~. L. CI,Oo,
... L6-Ck~
Thomasa A. Clifton
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing instrument was acknowledged before me this d.(..:!!. day of-:J" Ju ,
2004, by John L. Clifton, President of Clifton Ventures, Inc.. a Virginia corporation. ~
./'k"; '7f ~~ >
Nota Public
My commission expires: .3--3) ~ (1 S-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
The foregoing instrument was acknowledged before me this ~ day of~,
2004, by John L. Clifton and Thomasa A. Clifton. ;/j,. . ~
. ( ~ - "'1_.J --
Notary blic
My commission expires: J~ "fl.(' <"
L:lwplDMBICliflon Venture.,SIgn perrnitlModiflcation of Proffers (revised 0722041.wpd
-5-
Exhibit "A"
PARCEL I:
ALL THAT certain lot, piece or parcel of land, lying, situate and
being in Princess Anne borough in the City of Virginia Beach, State
of Virginia, known and designated as "A" on plat entitled
"SUBDIVISION OF PART OF FARM NO.1, PLAT OF L.L. WINDER
PROPERTY, Princess Anne Borough, Virginia Beach, Va., for
William H. & Rosa H. Smith, Scale 1"=50', Oct., 1966, C. A.
Bamforth, C.L.S., Virginia Beach, Va.", which plat is of record in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 71, at page 7, reference to said plat being
hereby made for a more particular description of said property.
LESS AND EXCEPT that portion of land take by the City of Virginia
Beach, Virginia as evidenced by the Certificate of Taking recorded
in Deed Book 2261, at page 33, and by Order recorded in Deed
Book 2313, at page 1450, which portion of land is further described
and shown in State Highway Plat Book 166, at page 16.
PARCEL II:
ALL 'fHAT certain lot, piece or parcel of land lying, situate and being
in the City of Virginia Beach, Vir9inia, and being more particularly
described as follows:
BEGINNING at a pin where the southerly line of Parcel A-1
intersects General Booth Boulevard, as shown on that certain plat
entitled: .PARCEL A-1 BEING A RESUBDIVISION OF PROPERTY
OF JOHN L. CLIFTON AND THOMASA A. CLIFTON AS
DESCRIBED IN DEED BOOK 4122,AT PAGE 1767 AND PARCEL
3-A-3 CORPORATE LANDING AS SHOWN IN MAP BOOK 304 AT
PAGES 34 THROUGH 36 FOR THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY VIRGINIA BEACH, VIRGINIA', which
is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument Number 200304140057260
thence N 42° 17'14" W, a distance of 31.57' feetto a pin; thence N
42° 17'14" W, a distance of 143.43; to a point which is the true point
of beginning, thence N 42° 17'14" W, 60.98' to a pin; thence N 47°
42'46" W, 150.00 feet to a pin; thence S 42°17;14" E. 60.98 feet to
a point; thenceS 47°42'46" W, 150.00 feet to the point of beginning.
"'..""""O;ft"" Von"""\Si", ,-."Oft"" '..,L",
J""",_(11o"""')
-4f}-
It"n V-I 20
PUBUC HEAJlING
ITEM /l4I/U2
PLANNING BY CONSENT
Upon motit»! by C"".cilmø. Brønch, secønded by COfJ""iI Lødy Slrøyhorn, City C"".cil ADOPTED ø.
Orlll""'<11 IIpOlI "Pplicøtion of ELECTRONIC SYSTEMS, INC., for ø CJ.m~ or 7.",¡.. District
Cú...ir;..ti"".
ORDINANCE UPONAPPUCATION OF ELECIRONIC SYSTEMs, lNe.
FOR A CHANGE OF ZONING DIS11/ICT CLASSIFICATION FROM 0-
2 TO I-I ZO7962495
BE IT HEREBY ORDAINED BY THE COUNGL OF THE CITY OF VIRGINIA. BEACH, VIRGINIA.
OrdÌllØllce IIpOlI øpplication of Electronic Systems, I.c. for a Cho.ge of
Zoning District CÚl$Sifiaz/ÎOn from 0- 2 Office Distrid to Conditionøl I-
I Ughl Industrial District on the south side of Expressway Drive, 385
feet more or less SOUl!ooøst of the etlSt.,nmost right-of-way line of
SouJiJport Circle. The proposed zoning clossi{icøtion cho.ge to I-lis for
light inœ.striøl Úlnd us.. The Comprelwuiv. PIG, recommends us. of
this pørcel for office in øccordø.ce with other plø. pOlicies. Stow pørcel
co""'... 5.67 </Cres. KEMSPVILLE BOROUGH.
The followi.g condition shall be required:
1. An agre...e.t ",",o_sing proffers shall be recorded with the
Clerk of the Circuit C""rt ø.d is hereby ....de ø part of the
record.
This Ordinø.ce shøll be effective i. </Ccordø.ce with Sectio. 107 If} of the Zo.ing Ordi"".c..
Adopted by the COIUICiI of the City of Virgin.. Beøch, VirginiJz, on the Ninth of Jalv Ni...... Handred
and Ninetv-Si:L
Voting:
9-0 (By COIUenl)
C_cil Members Voting Aye:
Jolm A. &lam, Linwood O. Brø.ch, Ill, Hørold He¡scllober, &lrbøra M.
Henley, Louis R. Jo.... Rebø S. McCIaJtøn, Nøncy K Parker, Vice Mayor
William D. Sessoms, Jr. ønd LOtJisa M. Slrøyhorn
C"".cil Members Voti.g Nay:
None
eo..cil Members Absent:
Mayor Meyerø E. Obemdørf and Willia.. W. Hørrison, Jr.
Jaiy 9, 1996
Zonina History
"
10-29-
91
2-13-89
I REQUEST
Rezoning (0-2 Office to Conditional 1-1 Industrial)
Conditional Use Permit (Automotive Gas Station
and Convenience Store)
Conditional Use Permit (Gas Pumps and
Convenience Store)
Conditional Use Permit (Gas Pumps and
Convenience Store)
Subdivision Variance and Rezoning (0-2 Office to
0-1 Office)
I ACTION
Approved
Approved
1# I DATE
1, 7-9-96
2, 11-8-94
Denied
Denied
3, 8-8-95
Approved
~~)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ESI Properties II, LLC. & Kamarek Property II, LL.C. - Modification of
Conditions
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of ESI Properties II, L.L.C. and Kamarek Property
II, L.L.C. for a Modification of Conditions for a Change of Zoning District
Classification approved by City Council on July 9, 1996 (Electronic Systems,
Inc.). Property is located on the southwest side of Expressway Drive,
approximately 270 feet northwest of Edwin Drive (GPINS 14776062640000;
14766956570000). DISTRICT 3 - ROSE HALL
.
Considerations:
On July 9, 1996, the City Council approved a Conditional Rezoning from 0-2
Office District to 1-1 Light Industrial District. The Conditional Rezoning has three
proffers. The current request consists of a modification of Proffer One of the
existing proffer agreement. Proffer One requires the site to be developed in
accordance with the submitted site plan entitled "ESI Business Center", dated
March 25,1996. The 1996 site plan depicts three buildings, each two story in
height. Buildings One and Three were to be 30,000 square feet in area, and
Building Two was to be 24,000 square feet in area. This would allow a total of
84,000 square feet of office I warehouse space. The applicant wishes to modify
the site plan to allow a total of four buildings. Building One was constructed in
1998. Building Two will now be 16,200 square feet, Building Three will be 10,000
square feet, and Building Four will be 16, 000 square feet. This would allow a
total of 74,580 square feet, resultinQ in a reduction of 9,420 square feet of office I
warehouse space. Since the Rezoning in 1997, the applicant has also purchased
an additional parcel with frontage on Edwin Drive. This parcel will provide access
to the project, and will also be used for the stormwater management facility.
The proposed modification is consistent with the recommendations of the
Comprehensive Plan for the area. The immediate area is developed with office
and warehouse type uses, and the proposed uses within the project will
complement the area.
The Planning Commission placed this item on the consent agenda because the
revised site plan is an improvement over the one previously approved, Staff
ESI Properties II, L.L.C. & Kamerek Property II, L.L.C.
Page 2 of 2
recommended approval, and the request is consistent with the Comprehensive
Plan.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~~
City Manager:~ 't-~b-<"'t.
,,'¿\~i;'Bt,i;"
';.':'.~"T."tì'
jfC- ~ .)~
" :~~::.~~~~:.~~~?-f
EO8-210-MOD-2004
ESI PROPERTIES II, LLC &
KAMEREK PROPERTY II LLC
Agenda Item # 2
August 11, 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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
-. -~~.~..
Location and General Information
Modification of Proffers from the Conditional Change of Zoning from
0-2 Office District to Conditional 1-1 Light Industrial granted by the
City Council on July 9,1996
Property located
on the southwest
side of
Expressway
Drive,
approximately
270-feet
northwest of
Edwin Drive
1477606264; 1476695657
ESI-KAMAREK
Agenda Item # 2
Page 1
ELECTION
DISTRICT:
3 - ROSE HALL
SITE SIZE:
3.33 acres
EXISTING
LAND USE:
An office building housing Electronic Systems, Inc.
South:
East:
West:
. Expressway Drive
. Across Expressway Drive is an office building I 0-2
Office District
. Office uses I 0-2 Office District
. Office uses I 0-2 Office District
. Office I warehouses and mini-storage 11-1 Light
Industrial
SURROUNDING North:
LAND USE AND
ZONING:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The proposed site is undeveloped.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposal
On July 9, 1996, the City Council approved a Conditional Rezoning from 0-2 Office
District to 1-1 Light Industrial District. The Conditional Rezoning has three proffers:
1. The site plan submitted by the Grantor to the Department of Planning with this
Agreement and entitled "ESI Business Center", dated March 25.1996. (the "Site
Plan") is incorporated herein by reference and forms a part of this Agreement.
2. Landscaping on the southeastern and southwestern sides of the Property shall
utilize plant materials designated for Category I screening and shall be situated in
a variable width planting bed as shown on the Site Plan.
3. The Property shall only be used for the following uses:
ESI-KAMAREK
Agenda Item # 2
Page 2
a. Automotive rental, parts and supply store, provided that no outside
storage is included (excluding operative equipment). No truck rental shall
be permitted.
b. Business, medical, financial, nonprofit, professional and similar office
buildings.
c. Childcare and child care education center, provided a Conditional Use
Permit is obtained.
d. Commercial parking lots.
e. Establishments such as linen suppliers, communication services and
canteen services.
f. Assembly, packaging, or fabricating establishments; provided that all of
the foregoing is accomplished within a building and provided that the
following uses shall not be allowed:
i. Explosive manufacturing, storage and distribution;
ii. Petroleum processing;
iii. Processing or storage of salvage, scrap, or junk.
g. Motion picture studios.
h. Printing, lithographic or publishing establishments.
i. Public buildings and grounds.
j. Public schools, colleges, and universities, and private schools, colleges
and universities having similar academic curriculums, provided a
Conditional Use Permit is obtained.
k. Radio or television transmission, cellular telephone antenna and relay
stations, provided a Conditional Use Permit is obtained.
, Recreational facilities other than those of an outdoor nature.
m. Repair establishments; provided that no outside storage is included
(excluding mobile operative equipment). No automotive or heavy
equipment repair shall be permitted.
n. Satellite wagering facility, provided a Conditional Use Permit is obtained.
o. Vocational, technical, industrial and trade schools, provided that no
outdoor activities are included.
p. Wholesaling, warehousing, storage or distribution establishments,
provided that no tractor-trailer type vehicles shall be permitted to remain
on the site for more than twenty-four hours.
The current request consists of a modification of Proffer One of the existing proffer
agreement. Proffer One requires the site to be developed in accordance with the
submitted site plan entitled "ESI Business Center", dated March 25,1996. The 1996 site
plan depicts three buildings, each two story in height. Buildings One and Three are to
be 30,000 square feet in area, and Building Two is to be 24,000 square feet in area.
This would aI/ow a total of 84,000 square feet of office I warehouse space. The
applicant wishes to modify the site plan to allow a total of four buildings. Building One
ESI-KAMAREK
Agenda Item # 2
Page 3
was constructed in 1998. Building Two will now be 16,200 square feet, Building Three
will be 10,000 square feet, and Building Four will be 16, 000 square feet. This would
allow a total of 74,580 square feet, resulting in a reduction of 9,420 square feet of office
I warehouse space. Since the Rezoning in 1997, the applicant has also purchased an
additional parcel with frontage on Edwin Drive. This parcel will provide access to the
project, and will also be used for the stormwater management facility.
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.
. Consistency with the Comprehensive Plan recommendations for the area.
. Continued compatibility with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan Map depicts this area as a Primary Residential Area. The
land use planning policies and principles for the Primary Residential Area focus strongly
on preserving and protecting the overall character, economic value and aesthetic quality
of the stable neighborhoods located in this area. The established type, size, and
relationship of land use, both residential and nonresidential, in and around these
neighborhoods should serve as a guide when considering future development.
ESI-KAMAREK
Agenda Item # 2
Page 4
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 i). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
Proffer 1 is hereby amended to read:
The revised site plan submitted to the Department of
Planning herewith and entitled "Conceptual Site Layout &
Landscape Plan of Edwin Professional Park, Edwin Drive,
Virginia Beach, VA" dated 3/24/04 (the "Site Plan") is
incorporated herein by reference and forms a part of this
Agreement.
All of the terms, covenants and conditions set forth in the
Agreement to Covenants and Restrictions dated May 15,
1996 and recorded in the Clerk's Office Deed Book 3636,
at page 1637, save and except Proffer A, as specifically
amended and modified herein, shall remain in full force
and effect, running with the Property and binding upon the
Property and upon all parties and persons claiming under,
by or through GRANTOR, its assigns, tenants and other
successors in interest or title.
Staff Evaluation of The proffers are acceptable. The modification of Proffer
Proffers: One allows the construction of one additional building yet
decreases the overall building area by 9,420 square feet.
All other proffers remain in place.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated July 22, 2004, and found it to be legally
sufficient and in acceptable legal form.
ESI-KAMAREK
Agenda Item # 2
Page 5
Staff Evaluation
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and proffers, adequately addresses each of the 'Major Issues' identified above The
proposed modification is consistent with the recommendations of the Comprehensive
Plan for the area. The immediate area is developed with office and warehouse type
uses, and the proposed uses within the project will complement the area.
Staff, therefore, recommends approval of this request.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this application require revision during
detailed site Dlan review to meet all apDlicable City Codes.
ESI-KAMAREK
Agenda Item # 2
Page 6
Supplemental Information
Zonina History
p-
1# t DATE
1. 7-9-96
2. 11-8-94
¡REQUEST
Rezoning (0-2 Office to Conditional 1-1 Industrial)
Conditional Use Permit (Automotive Gas Station and
Convenience Store)
Conditional Use Permit (Gas Pumps and Convenience
Store)
Conditional Use Permit (Gas Pumps and Convenience
Store)
Subdivision Variance and Rezoning (0-2 Office to 0-1
Office)
10-29-
91
2-13-89
3. 8-8-95
P-I
¡ACTION
Approved
Approved
Denied
Denied
Approved
ESI-KAMAREK
Agenda Item # 2
Page 7
Public Aaencv Comments
Public Works
Edwin Drive in the vicinity of this request is considered
I a collector road.
Edwin Drive
4,000
ADT'
Present I Generated Traffic I
Ca acit
Existing Land Use I
11,100 -248
ADT'
Street Name
Present
Volume
Proposed Land
Use 3 - 436
Average Daily Trips
'as defined by the existing office building
'as defined by proposed modification
Public Utilities
I There is a 10-inch water main in Expressway Drive fronting the site.
The site has an existin water meter that ma be used or upgraded.
Sewer:
There is an eight-inch sanitary sewer main and an eight-inch sanitary I
\ sewer force main in Expressway Drive fronting the site. City sewer is i
available. Sanitary sewer system and pump station analysis for "
Pump Station 508 is required to determine if proposed flows can be "
accommodated. Construction lans and bonds are re uired. I
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
strateaies as they pertain to this site.
Fire and Rescue:
Fire Department concerns will be addressed during the
detailed Site Plan and Buildin Plan reviews.
ESI-KAMAREK
Agenda Item # 2
Page 8
. -~._---:.:.:":.::::.-:.;:~..-:.~=.::~;:.
. -- :.a--=:'
Exhibits
Exhibit J
Aerial of Sil
Locatio
ESI-KAMAREK
Agenda Item # 2
Page 9
,." .0"' 3^I~O ^YMSS3~dX3
~
~
Q..,
t-
0\
0\
.---.
Exhibit 8
Site Plan
Proffered in 1997
ESI-KAMAREK
Agenda Item # 2
Page 10
~ i H ! H H m H ¡PH H
;¡:I'J, ¡!11" ¡'I.li'"
j~¡¡, ð df ~
~ nm d ~H ¡f"~jbl ¡i'.mil I
~
~
cu
a..
õ-
. cu
¡¡: ¡::
~ 0
~ .¡¡; <
1! II> >
j OJ -¡¡
""'" "
~ o, J
~ ~ ,~
. a.. '
~ ;
~ ¡:: "
~'~ ~
~"C E
eUJ~
r if
E
~ J. i
-£ !!!!
~ fW
'j
\, "
'\. ':',
~.-, : ..
\, ;'
.-
~
'ŒJ'" ,'."..
'.";. "~_"',-I",C-,"""
; i ':',
¡ ; il:"',
, , !
¡ i ,,' "
I ' f---
i:, ¡ rr.;~~~---~,:-O: i~,
" ¡'" " ' i ;1' ",..
'"i ~ " I"", I
"',-', , ¡
': !', !
Hi r: ð
::" Ie, ,-
,
'I
§
--' Q¡ ,
I-h,
-4--
~H 1,
~¡mfh I
~~I
~!
,
¡¡:
.
:5
-2] ~
~~ ..,
H~
~.¡:
~p I
1!
Ë :
~
Exhibit C
Proposed Site
Plan
ESI-KAMAREK
Agenda Item # 2
Page 11
Exhibit D
Proposed
Building
Elevation
ESI-KAMAREK
Agenda Item # 2
Page 12
f-'
Z,
w'
:;:
w:
fool
<,
f-'
enr
~¡
::¡,
en,
0:
oJ:
u¡
en
Õ
Exhibit E
Disclosure
Statement
n~
; FJ
g¡
, , ,
, , "
,.,
~H '~,
-- -- ,
"" c
w: -
<C',
", ~
13 -
g
<5
,¡ ,
~n
g; ,
,,-- ~ë ;
H ,.
-- "
~; " .
0 - ~,
, q,
, f , c'
-, --
iH
, "--:,--
- - , >
, . ..
- '
, -,
~ ; c'
, --,
',"-
Hi§ ~~~
"">, ,~
¡¡In ¡
~ ~ ~
NOILV3I1ddV SNOILIGNO3 dO NOIlV3BIGOW
., ~
f-
Z
w
:¡:
W
f-
<0:
f-
en
w
It
::¡
'"
a
oJ
U
en
Õ
-
, ~ ;;
-' - ---
-- - --
.
--
--
--
I?
H
,,>
~~
~ ;'
,,',
§:" :
~ j" "
~ êH>
UH
H~H
c- EL
, '
, ,
¡¡
H
, '
H
--
, -
" ,
-,
- c-
>"
"
<,
a
-,
c
ESI-KAMAREK
Agenda Item # 2
Page 13
EXHIBIT .\
i\JODIfICATlONS OF CO'iDITIOJ\S API'I.ICA nON
ESI PROPERTIES II. LLC
KAMAREK PIWPERTY I I. LtC
APPLICANT DISCLOSURE
List the applicant name folhrw"d b\ the names of all "tTic,'".,.
members. trustees. panncrs. etc. bl'iu\\':
ESJ PROPERTIES II. 11..(' - 'v1F'v1BERS
KJmarck Fal11il\ 1.il11ited P"nI1ership
Chenosky Famil: l.il11l1cJ p,\llnCf>\)I['
Timothy D. McCulloch
James R. Stroud
Troi¡Jn" Fa/nil\' Limit"J Panneship
KAMAREK PROPERTY 11. LLC - MEMBERS
Kamarek Family Limited Partncrship
Chenosky bunily limtied Partnership
Timothy D. ~1cCllll()ch
James R. Stroud
Troiano Family Limited Pawlcship
Exhibit E
Disclosure
Statement
ESI-KAMAREK
Agenda Item # 2
Page 14
Item #2
ESI Properties II, 1..1..c. and
Kamarek Properties II, 1..1..c.
Modification of Conditions
Southwest side of Expressway Drive
District 3
Rose Hall
August 11,2004
CONSENT
William Din: The second item is Item #2 ESI Properties II, 1..1..C. and Kamarek
Properties II, 1..1..C. There are two proffers with this one. Is there an applicant or
representative?
Mike Inman: Good afternoon. My name is Mike Inman, attorney, here for the applicant.
William Din: Mr. Inman, there are no conditions. There are proffers on this one. We
have placed this on consent. Is there any opposition to this? Thank you Mr. Inman. Mr.
Ripley, would you like to comment on this item?
Ronald Ripley: Yes sir. This seemed like a routine change also. It's a routine request.
An application was approved back in July 1996, and a site plan was submitted, and as
time goes on needs change of people and their property, and they revised the site plan.
Basically, the original site plan called for a development that would contain
approximately 84,000 square feet of office space. One building has already been built,
and these are buildings to be placed in the back. What is up on the screen right now was
the old site plan. The revised site plan is an improvement from that site plan. It's a little
less space. It's 74,580 square feet, which is about 10,000 square feet less, which is
significant. And also, there has been an access acquired off of Edwin Drive. One of the
things that we discussed is we would like the applicant to pay attention when they go
through site plan approval, and we would like for staff to pay attention to this too, we
would like to make sure that the sense of arrival and the entranceway off of Edwin Drive
is addressed so that landscaping is appropriate, and it's an improvement to the road. If
the applicant would do that we would appreciate it. So, we found it to be a routine
change.
William Din: Thank: you Ron. I'd like to make a motion to approve Item #2 ESI
Properties II, 1..1..C. and Karmarek Properties II, 1..1..c. It's a Modification of
Conditions for a Change in Zoning District Classification on property located on the
southwest side of Expressway Drive, approximately 270 northwest of Edwin Drive in the
Rose Hall District. There are no conditions but two proffers.
Dorothy Wood: Thank: you sir. Do I have a second? Mr. Knight seconded it. I'm sorry,
Mr. Miller?
Item #2
ESI Properties II LLc. and
Kamarek Properties II, LLc.
Page 2
Robert Miller: Madame Chair, I need to abstain from Item #2. My firm is working on the
project.
Dorothy Wood: Thank you sir.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABS 1
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
ADS
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the consent item has been approved by the Board.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5940
DATE: August 25,2004
FROM:
Leslie L. Lilley
William M. Macali (j\JL
DEPT: City Attorney
TO:
DEPT: City Attorney
RE:
Conditional Zoning Application
ESI Properties and Kamerek Propenies
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 22.
2004, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel ftee to call me if you have any questions or wish to discuss this matter further.
WMMInlb
Enclosure
cc: Kathleen Hassen
AMENDMENT TO CONDITIONS
THIS AMENDMENT TO CONDITIONS ("Amendment") made this d~f d
day of July, 2004, by and between ESI PROPERTIES II, LLC, a Virginia limited
liability company, successor-in-title to ELECTRONIC SYSTEMS, INC., a Virginia
corporation and KAMAREK PROPERTY II, LLC, a Virginia limited liability
company ("Owner"), GRANTORS, and CITY OF VIRGINIA BEACH, a municipal
corporation of the commonwealth of Virginia, GRANTEE, provides and states as
follows:
WI TN ES SETH:
WHEREAS, ESI PROPERTIES, LLC is the owner of a parcel of real property
located in the City of Virginia Beach, GPIN NO: 1477-60-6241-0000, more panicularly
described as Parcel One on Exhibit A, attached hereto and incorporated herein by
reference; and .
WHEREAS, KAMAREK PROPERTY II, LLC is the owner of a parcel of real
property located in the City of Virginia Beach, GPIN NO: 1476-69-5657-0000, more
particularly described as Parcel Two on Exhibit A, attached hereto and incorporated
herein by reference; and
PREPARED BY: INMAN & STRICKLER, PLC
575 L YNNHA VEN P ARKW A Y, SUITE 200
VIRGINIA BEACH, V A 23452
GPINS:
1477-60-6264-0000 (Parcel One)
1476-69-5657-0000 (Parcel Two)
WHEREAS, the current zoning of the real property described in Exhibit A as
Parcel One is I-I and the current zoning of the real property described in Exhibit A as
Parcel Two is 0-2; and
WHEREAS, said parcels being collectively referred to herein as the
"Property"; and
WHEREAS, due to certain changes in circumstances, GRANTOR has initiated
modifications to a conditional amendment to the Zoning Map of the City of Virginia
Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning
Classification of the Property; and
WHEREAS, GRANTOR has requested GRANTEE to pennit this modification to
the previously proffered covenants and conditions dated May 15, 1996, recorded in Deed
Book 3636, at page 1637 in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land
use plan on the Property; and
WHEREAS, GRANTEE'S policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation; and
WHEREAS, GRANTOR acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to pennit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the proposed modification of
conditions to the zoning, certain reasonable conditions governing the use of the Property
for the protection of the community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the application gives rise; and
WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and
prior to the public hearing before the GRANTEE, as a part of the proposed modifications
to the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation and use of the Propeny to be
adopted which conditions have a reasonable relation to the proposed modifications and
the need for which is generated by the proposed modification.
NOW, THEREFORE, the GRANTOR, its successors, assigns, GRANTEES and
other successors in title or interest, voluntarily and without any requirement by or
exaction from the GRANTEE or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of covenants and
restrictions which shall restrict and govern the physical development, operation and use
of the Property and hereby covenant and agree that this Declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the GRANTOR, its successors, assigns,
GRANTEES and other successors in interest or title:
1.
Proffer A is hereby amended to read:
The revised site plan submitted to the Department of Planning herewith and
entitled "Conceptual Site Layout & Landscape Plan of Edwin Professional Park, Edwin
Drive, Virginia Beach, V A" dated 3/24/04 (the "Site Plan") is incorporated herein by
reference and fonDS a part of this Agreement.
2.
All of the tenDs, covenants and conditions set forth in the Agreement to
Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office Deed
Book 3636, at page 1637, save and except Proffer A, as specifically amended and
modified herein, shall remain in full force and effect, running with the Property and
binding upon the Property and upon all parties and persons claiming under, by or through
GRANTOR, its assigns, tenants and other successors in interest or title.
GRANTOR further covenants and agrees that:
The above conditions, having been proffered by GRANTOR and allowed and
accepted by GRANTEE as part of the Amendment to the Zoning Ordinance of the City of
Virginia Beach, Virginia. in force as of the date of this Amendment is approved by the
Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised Zoning Ordinance until specifically
repealed. The conditions, however, may be repealed, amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution
adopted by the governing body of GRANTEE, after a public hearing before GRA!'IiìEE
which was advenised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
1.
The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance with
such conditions be remedied, and (b) to bring legal action or suit to insure compliance
with such conditions, including mandatory or prohibitory injunction, abatement, damages
or other appropriate action, suit or proceeding;
2.
The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy pennits as may be
appropriate;
3.
If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, GRANTOR shall petition the governing body for the review thereof
prior to instituting proceedings in coun; and
4.
The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attached to the zoning of the Propeny, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Depanment. and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the GRANTOR and GRANTEE.
WITNESS the following signature and seal.
GRANTOR: ESI PROPERTIES II, LLC
a Virginia limited liability company
By:
t/It {~
WILLIAM G. KAMAREK
Managing Member
GRANTOR: KAMAREK PROPERTY II, LLC
a Virginia limited liability company
~
By:
WILLIAM G. KAMAREK
Managing Member
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Acknowledged before me, the undersigned Notary Public, in and for the City and
State aforesaid, by WILLIAM G. KAMAREK, Managing Member of ESIJJXfctes II,
LLC, a Virginia limited liability company, on behalf of said company, this day of
July, 2004.
~).=r:~
Notary PublIc
My commission expires: ~ 3 / I,;j., 00 t'
I
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Acknowledged before me, the undersigned Notary Public, in and for the City and
State aforesaid, by WILLIAM G. KAMAREK, Managing Member of KAMAREK
PR~R~Y II, LLC, a Virginia limited liability company, on behalf of said company,
this ~ day of July, 2004.
~J~:r ~
,) 3,ld6'ù g
I I
My commission expires:
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE
ALL THAT certain tract, piece or parcel of land, lying, situate and
being in the City of Virginia Beach, Virginia, and being known as
Parcel B-A, containing 5.670 acres of land, more or less, as shown
on that certain plat entitled "Resubdivision of Parcel B, Subdivision
of a ponion of Branksome Drive, Kempsville Borough, Virginia
Beach, Virginia", which plat is recorded in the Clerk's Office of the
Circuit Coun of the City of Virginia Beach, Virginia, in Deed Book
2458 at page 2197.
TOGETHER WITH non exclusive easements in, or over and across
Parcel A (as shown on the aforementioned plat) for access, ingress
and egress to and from Parcel B-A to Holland Road created pursuant
to, and subject to, and governed by that certain "Declaration of
Easements Affecting Holland Office Park Parcel A and Parcel B-A"
dated August 22, I 99 I, made by Holland Office Park Associates, et
aI, and recorded in the Clerk's Office of the Circuit Coun of the City
of Virginia Beach, Virginia, in Deed Book 3040, at page 1654.
IT BEING the same propeny conveyed unto ESI Propenies, IT,
LLC., by deed from Electronic Systems, Inc., a Virginia corporate,
dated December 20, 1996 and duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, In Deed
Book 3694, at page I 173, and by deed from Kamarek Family
Limited Pannership, a Virginia limited liability partnership, dated
December 20, 1996, and duly recorded in the aforementioned
Clerk's Office in Deed Book 3694, at page 1170.
PARCEL TWO
All that certain tract, piece or parcel of land, with all improvements
thereon and all appurtenances thereunto belonging, lying, situate and
being in the City of Virginia Beach, Virginia, and being designated
and described as "B-2-B" on that certain plat entitled "Subdivision
of Parcel B-2, Property of Expressway Construction Company.
Kempsville Borough, Virginia Beach, Virginia", dated September
24, 1982, prepared by Engineering Services, Inc., Virginia Beach,
Virginia, and duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Map Book 160 at page 49,
to which plat reference is made for a more particular description of
the property
IT BEING the same property conveyed unto Kamarek Property II,
LLC, a Virginia limited liability company, by deed from Luke
Construction Company, Inc.. a Virginia corporation, dated July 1,
2003, and duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, as instrument number
200308250133017.
- 58-
[tem V-J.6.
PLANNING
ITEM # 49639
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, CIty Council ADOPTED Ordinance
upon App{¡callon of LINDA T. CHAPPELL for a Chanlle o(Zonmll DistrIct ClassIficatIOn:
ORDINANCE UPON APPliCATION OF liNDA T CHAPPELL FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM AG-1 AND
AG-2 TO CONDiTIONAL 1-1 205021221
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OrdInance upon ApplicatIOn of Linda T Chappell for a Chanlle o(ZOnlnfl
DIStrict Classification from AG-I and AG.2 Agricultural Dlstncts to
CondltlOnalI-1 Light Industnal DIstrict on the north sIde of Dam Neck
Road beglnmngat a pOint 1820feet more or less west of the intersectIOn
of Dam NeckRoad and London Bndge Road {PartofGPIN #1495- 74-6391
(2449)) The proposed zoning classificatIon change lO ConditIOnal 1-1 is
for /¡ght Industnalland use The Comprehen.slve Plan recommends use of
thIs parcel for 0 >'arlety of employment uses including busmess parks,
offices, Industnal and employment support uses In accordance WIth other
Plan policies SaId parcel contmn.s 25 711 acres DISTRICT 6 - BEA CH
The following condItIon shall be required
1
An Agreement encompassing proffers shall be recorded wIth the
Clerk of CIrcUIt Court and IS hereby made a pari of the record
ThIs Ordinance shall be effectIve In accordance wIth SectIOn 107 (j) of the Zoning Ordinance
Adopted by the Council of the CIty o/Vlrglnla Beach, Vlrglnza, on the Fourteenth afMay, Two Thousand
Two
Voting
10-0 (By COMe"t)
Council Members Voting Aye
Linwood 0 Branch. lII, Margaret L Eure, Barbara M Henley, LouIs R
Jones, Reba S McClanan, Robert C MandIgo, Jr, Mayor Meyera E
Oberndor[. Nancy K Parker, V,ce Mayor WIllIam D Sessoms. Jr and
Rosemary Wilson
Council Members Voting Nay
Nn"o
Zonina History
Womack
DC","-'-"'"
1-2
Modifications of Conditions
I # I DATE I REQUEST I ACTION
1 05/15/02 REZONING from AG-1/2 Agriculture to Conditional Granted
1-1 Industrial
2 07107/92 CONDITIONAL USE PERMIT for golf driving
range
3 05/05/86 REZONING from AG-1/2 Agriculture to 1-1/2
Industrial
10129/02 REZONING from 1-112 Industrial to Conditional 1-2 Granted
Industrial
4 12/13/94 Change to Nonconforming Structure
04/23/97 CONDITIONAL USE PERMIT for outdoor
recreation
Granted
Granted
Granted
Granted
i¡\IJr
"
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: Womack Chappell, L.L.C. F/KIA Linda T. Chappell - Modification of
Conditions
MEETING DATE: September 14, 2004
.
Background:
An Ordinance upon Application of Womack Chappell, LL.C. f/k/a Linda T.
Chappell for a Modification of Conditions for a Conditional Change of Zoning
District Classification approved by City Council on May 14, 2002 (Linda T.
Chappell). Property is located at 2599 Dam Neck Road (GPIN
14957583990000). DISTRICT 6 - BEACH
.
Considerations:
The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to 1-1 Light
Industrial District was approved by the City Council on May 14, 2002. The
Conditional Rezoning has four proffers. Proffer 2 establishes development
parameters for setbacks, landscaping, building materials and signage for each of
the Jots within the proposed industrial park. The applicant is requesting a
modification to the side yard setback requirement for the lots backinQ UP to
London Bridqe Road.
The applicant is requesting to reduce the side yard setback for lots adjacent to
London Bridge Road from 30 feet to 15 feet. To ensure that the level of quality is
maintained within the park, a 10-foot wide Category II landscape buffer will be
installed when the reduced setback is used. The 15-foot side yard setback is
comparable to the side yard setback on the industrial property located on the
north side of London Bridge Road.
The Planning Commission placed this item on the consent agenda because the
proposed change is compatible with the land use.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Womack Chappell. L.L.C. F/KJA Linda T. Chappell
Page 2 of 2
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning oepartmen'-
City Manager: ~::. \<.. . ~~
,..-.-.-.-
,~\~" ~~A~j~,
'~":';"';¡~"~l'>~'
,'C,' "." '.~.
;~:'?z,,:~lv
110-212-MOD-2004
WOMACK CHAPPELL, LLC
Agenda Item # 19
August 11, 2004 Public Hearing
Staff Planner: Barbara Duke
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.
REQUEST:
APPLICATION
HISTORY:
LOCATION:
Location and General Information
Modification of Proffers for the Conditional Change of Zoning from
AG-1 and AG-2 Agricultural District to Conditional 1-1 Industrial
District granted by the City Council on May 14, 2002.
This item was deferred at the July 14 hearing due to failure to
correctly post the required notice on the property.
Property located
at 2599 Dam
Neck Road
Womack Cha
ell LLC
.,;'!:r l.-J~","
..
'"
.......---,:;
" ,
'".,~ "
/ '.
-~,.
':"'::/' ".,
..:~,,::~..
;., \
. ,.
. (j:>Z
WOMACK - CHAPPEL
Agenda Item # 19
Page 1
GPIN:
COUNCIL
ELECTION
DISTRICT:
14957583990000
7 - PRINCESS ANNE
SITE SIZE:
25.7 acres
EXISTING
LAND USE:
Vacant Property
West:
. Oceana South Industrial Park 11-1 Industrial District
and 1-2 Industrial District
. Taylor Farm I AG-2 Agricultural District
. Undeveloped property I AG-1 and AG-2
Agricultural District and R-20 Residential District
. Warehouse 11-2 Industrial District
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site consists of agricultural fields.
AICUZ:
The site is in an AICUZ of greater than 75dB Ldn surrounding NAS
Oceana. The federal government owns a restrictive easement over a
portion of this property.
Summary of Proposal
The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to 1-1 light
Industrial District was approved by the City Council on May 14, 2002. The Conditional
Rezoning has four proffers:
1. When the Property is developed, it shall be developed into no more than fourteen
(14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM
CORPORATE PARK SITE PLAN Virginia Beach, Virginia", dated 03/11/02 and
prepared by Spectra Group, which has been exhibited to the Virginia Beach City
WOMACK - CHAPPEL
Agenda Item # 19
Page 2
Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Site Plan").
2. The parcels shall be subject to the following mandatory site development
guidelines:
a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be
maintained by the Property Owners Association and no improvements
shall be located within the Landscape setback.
A twenty-foot (20') Landscape setback from London Bridge Road shall
be maintained by the Property Owners Association and no
improvements shall be located within the Landscape setback.
A minimum fifty-foot (50') building setback shall be required from
London Bridge Road
A minimum thirty-foot (30') side yard building setback and rear yard
building setback (on non-through lots) shall be required.
No freestanding signage shall be permitted adjacent to either Dam
Neck Road or London Bridge Road and all signage shall comply with
the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK"
dated March 15, 2002 which are included in the Deed Restrictions
described in Proffer #3.
No onsite vehicular parking, outdoor storage, loading docks or loading
areas shall be permitted between Dam Neck Road and any building on
any parcel adjacent to Dam Neck Road.
No building shall exceed forty-five feet (45') in height and the primary
exterior surface of all buildings shall be either brick, split face block.
painted block, concrete panel, stone, wood, EIFS or metal and shall be
an earth-tone color or colors. The exterior surface of any building on
parcels numbered 8 through 14 on the site plan, which is visible from
Dam Neck Road shall be either brick, split face block or stone.
d)
f)
g)
b)
c)
e)
3. When the property is subdivided it shall be subject to a recorded Deciaration of
Protective Covenants, Conditions and Restrictions ("Deed Restrictions")
administered by a mandatory membership Property Owners Association. In
addition to the requirements set forth herein, the Deed Restrictions shall include
Articles requiring mandatory assessments for maintenance of the landscape
buffers and entrance features as well as Architectural Controls. The Deed
Restrictions have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning.
4. Further conditions may be required by the Grantee during detailed Site Plan
andlor Subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
WOMACK - CHAPPEL
Agenda Item # 19
Page 3
The proposed changes to this existing agreement are as follows:
Proffer #2 establishes development parameters for setbacks, landscaping, building
materials and signage for each of the lots within the proposed industrial park. The
applicant is requesting a modification to the side yard setback requirement for the lots
backing up to London Bridge Road.
Major Issues
The fof/owing 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.
. The proffer revisions should result in an equal or better level of quality for the
overall project than what exists with the current recorded proffer agreement.
. There is a significant amount of frontage on Dam Neck Road, so the aesthetic
view from this roadway is a concern.
Comprehensive Plan
The Comprehensive Plan recognizes this site is within Strategic Growth Area 10 -
South Oceana Area. The South Oceana Area encompasses properties on both sides of
Dam Neck Road between Holland Road and Corporate Landing Parkway. Developable
land located in the western region of this Strategic Growth Area is planned for non-
residential uses to include a mix of light industrial, low-rise office and limited retail use.
Access to Dam Neck and Holland Roads should be minimized. Every effort should be
made to consolidate the parcels of land to achieve a more unified and well-planned
development. Development in this area should exhibit an attractive, high quality design,
especially as seen from Dam Neck, Shipps Comer and Holland Roads.
WOMACK - CHAPPEL
Agenda Item # 19
Page 4
Proffers
The applicant desires to modify Proffer 2 as follows (changed provisions are
underlined):
"The parcels shall be subject to the following mandatory site development guidelines:
(a) A fifty-foot (SO') landscape setback from Dam Neck Road shall be maintained
by the Property Owners Association and no improvements shall be located
within the landscape setback.
(b) A twenty-foot (20) landscape setback from London Bridge road shall be
maintained by the Property Owners Association and no improvements shall
be located within the landscape setback.
(c) A minimum fifty-foot (SO') building setback shall be required from London
Bridge Road.
(d) A minimum thirty-foot (30') side yard buildinG setback shall be required on
those lots with a rear property line which abuts Dam Neck Road.
(e) A minimum fifteen foot (1S') side yard buildinG setback shall be required on
those lots which do not have a property line abuttinG Dam Neck Road,
provided a ten foot (10') wide Cateqory" Landscape Buffer is maintained
alonG the entire lenGth of the side property line from which the fifteen foot
(1S') setback is measured.
(f) No freestanding signage shall be permitted adjacent to either Dam Neck
Road or London Bridge Road and all signage shall comply with the "SIGN
CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 1S,
2002 which are included in the Deed Restrictions described in Proffer number
3.
(g) No onsite vehicular parking, outdoor storage, loading docks or loading areas
shall be permitted between Dam Neck Road and any building on a parcel
adjacent to Dam Neck Road.
(h) No building shall exceed forty-five feet (4S') in height and the primary exterior
surface of all buildings shall be either brick, split face block, painted block,
concrete panel, stone, wood, EIFS, or metal and shall be an earth-tone color
or colors. The exterior surface of any building on parcels numbered 8 through
14 on the site plan, which are visible from Dam Neck Road shall be either
brick, split face block or stone."
Staff Evaluation of The modification to Proffer #2 to revise language regarding
WOMACK - CHAPPEL
Agenda Item # 19
Page S
Proffers: setbacks as noted in 2(d) and 2(e) above is acceptable
There are no other changes to the original proffer
agreement.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated April 30, 2004, and found it to be legally
sufficient and in acceptable legal form.
Staff Evaluation
Staff recommends approval of this request.
Staffs evaluation of this request reveals the proposal. through the submitted materials
and proffers, adequately addresses address each of the 'Major Issues' identified above.
The proposal's strengths in addressing the 'Major Issues' are
(1) The applicant is requesting to reduce the side yard setback for lots adjacent to
London Bridge Road from 30 feet to 15 feet. To ensure that the level of quality is
maintained within the park, a 10-foot wide Category II landscape buffer will be
installed when the reduced setback is used. The 15-foot side yard setback is
comparable to the side yard setback on the industrial property located on the
north side of London Bridge Road.
(2) No change to the proffers regarding the Dam Neck Road frontage has been
requested. The terms of the original proffer agreement will remain in place for
Lots 8 through 14.
Staff, therefore, recommends approval of this request.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this application require revision during
detailed site plan review to meet all applicable City Codes.
WOMACK - CHAPPEL
Agenda Item # 19
Page 6
Supplemental Information
Zonina History
ell LLC
:1 -----,:;-
11/----
:1 .' OCt~^N_',-,
"""",'"
"ner,"
1-2
'-2
Modi,ìcations of Conditions
I#IDATE ¡REQUEST
1 05/15/02 REZONING from AG-1/2 Agriculture to Conditional!-1
Industrial
CONDITIONAL USE PERMIT for golf driving range
REZONING from AG-1/2 Agriculture to 1-1/2 Industrial
REZONING from 1-1/2 Industrial to Conditional 1-2
Industrial
I ACTION
Granted
2 07107/92
3 05/05/86
10/29/02
Granted
Granted
Granted
WOMACK - CHAPPEL
Agenda Item # 19
Page 7
4 12/13/94 Change to Nonconforming Structure
04/23/97 CONDITIONAL USE PERMIT for outdoor recreation
Granted
Granted
WOMACK - CHAPPEL
Agenda Item # 19
Page 8
Exhibits
¡¡;
'"
u
w
""
~:
c,
Exhibit,
Aerial of Si
Locatic
~ -
~
I
WOMACK - CHAPPEL
Agenda Item # 19
Page 9
I'b"----'~=-=-:""~--'- -'~-¡,l I
: r: <!!,::~ '," t¡ . ; i it :
, r~""""-'¡' ':, ' I !
: (' s:: '!é;"~' ?~::::¡ :
I t-...~~",-' I ,
I~: Ð! >I 'I '.
I, ~- ~: _.J - - C-i
Ui-:,-¡ ',rò ",¡;:! ~~:"
[f,---_--!__J,¡..", ~,iš_,-
I~-~'-~I!II-----~='~ 7 -'1 I ~~ z,
\li~_I, ~~:_~j:,,;,,:,L,-_'="'~~-~,' ~" ,'¡'II 'I ~~ ~:
: ¡ J;. i:, "~ d :11 I I
»It! <O)! & :::{ "'! r'¡ 1,,1 ¡
~ I : --"",...---'rt-tt--~"'-'--r---; I:: I
'" 'I' : ~ I : :; -' I;! ,',' I ,
'" ,; - í ,I, - ;, I :,' ~1','I' ~;II
"": . ~!IC . '--1'. I",'
~ It', "",_~.-ji (---".".----1 i ,~:I
I,r,:,! ~- i,\ Ln, ! ,.c,." \ I¡:,I, \
Jll': . i j:¡!r ¡-"~-¡ ~:,~:,i; ~.
---¿J .: ~r,~+ ! ~~j !- < '
--,~." "'" . f' ~~ ~~.:v;", c'
lì ['~! ~ i 'lnt~~ ,.~. -¡-;1~a~ ¡/
(, I~',:'_"'=-,---ii,~!~ ~~~~~--- .:1,.,' ill, I
,..;..?-~I~I: "I ,II III
¡¿,.- ~l-[¡ :~_jiilfo.--___¡ ': I,\i
;: ,. ~,I!,ç---~---.-11I,:
; . I !, I' ,; r'
f~:~_;¡:M"_'~,~,¡:.:i,: I
I "'~N'~U'"'~~ /þ!, i
I -~".;-, J~! ~ I
.I " - '\~~'-:"",~ I
.. ~\ I:
~;i
~i!
I
-.I
Exhibit B
Proposed Site
Plan
l ~,
" .,
"
WOMACK - CHAPPEL
Agenda Item # 19
Page 10
~
"',
.:t;,
,...,
t '"r
~ ~II
"...),
'"",
ill
I
--
.. < "
; < ~
IH!
~H~
~ Hi~
~1Hj
: '0' "'
" "0 ~
Cz~t
l~H
.;¡ ë . ,
2~ H
:o;;~~
.. ~
~ ,,~
,-0
~ F
, .':;;
,< ,
?8~,5£
Hili
..
, -
§~
, ..
~ 0 .'..'
§H~r
~~~ ~~:
NOI!VJfiddV SNOI!I(INOJ tIO NOI!VJItIIGOW
~
I'...
:E
~I
~I
,"'"
'...,
" .. ¡
,;:',
lot
l ...'
'j I.J ~
"",
i"
, ,.
~ ~
, ;
~ ~ ~ I
H n f
~ ~,..,:, "f ~ ~ ~
~, ' ,< i"j
" , ,~
¡¡I! If
5
1
0 "
c ..
, .
,~n H~H
:..~ ~~f;~
~," '~,~, =,,-',,-:' .. c
~~, ~H~~
H~ Hi~,
H~õ ~,>HH
Hj~ ;
~ ¡: :" ~,
HH
~Uj
.. ,
.. .., ,"
~: fHHHE
i
~
,,"
':i
~~
H
H
~ ~~
.. ,"
; t:!H
.. ~Hf
II It I!
, = " ; , '
n HH~
g~ lHU
I I
.,;
"~
~ '~
:~
~f
H
-
..
-
1
õ
~,
Exhibit C
Disclosure
Statement
.. -
.. ..
~;
, ;'
H
H
WOMACK .. CHAPPEL
Agenda Item # 19
Page 11
Item #19
Womack Chappell, LL.c. £!kla Linda T. Chappel1
Modification of Conditions
2599 Dam Neck Road
District 7
District 6
Beach
August 11,2004
CONSENT
William Din: The next item is Item #19 Womack Chappell, LLC. F/K/A Linda T.
Chappell. This is an application of Womack Chappell, LLC f/kla Linda T.
Chappell for a Modification of Conditions for a Conditional Change of Zoning
District Classification approved by City Council on May 14, 2002. Property is
located at 2599 Dam Neck Road in the Princess Anne District.
Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney ofthe
applicants. Obviously it's a modification of proffers. We agree to our modification.
We thank you for putting us on consent.
William Din: Thank you. Is there any opposition to placing this on consent? If not,
Mr. Knight would you please comment.
Barry Knight: The applicant is requesting to reduce the side yard setback for the
lots adjacent to London Bridge Road from 30 feet to 15 feet. And to ensure that a
level of quality is maintained within the park, a ten-foot wide category 2 landscape
buffer will be installed when the reduced setback is used. You must remember that
London Bridge Road has a large right-of-way, and they want to come from 30 foot
back to 15 foot from the large right-of-way. We believe it's in keeping with the land
use, and it satisfies the Navy, who has their restrictions on this property. We've
placed it on consent agenda.
William Din: Thank you Barry. I'd like to make a motion to approve Item #19
Womack Chappell, LLC. £!kla Linda T. Chappell. This is an application for a
change to the Zoning District Classification in Princess Anne District.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
AYE
AYE
AYE
AYE
AYE
Item #19
Womack Chappell, LLC. f!kJa Linda T. Chappell
Page 2
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5937
DATE: August 25, 2004
FROM:
Leslie L Lilley
William M. Macali ~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE:
Conditional Zoning Application
Womack Chappell, LLC.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on September 14, 2004. I have reviewed the subject proffer agreement, dated April 30,
2004, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
WMMInlb
Enclosure
cc: Kathleen Hassen
PREPARED BY'
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
¡WOMACK CHAPPELL, L.L.C., a Virginia limited liability company
TO (pROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
I CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of April 2004, by and between WOMACK
CHAPPELL, L.L.C., a Virginia limited liability company, Property Owner, Grantor; and
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, Property Owner is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, containing approximately 25.711
acres and described in Exhibit "A" attaehed hereto and incorporated herein by this
I reference, said parcel is hereinafter referred to as the "Property"; and
WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and
Conditions" dated January 14, 2002 accepted by the Grantee and recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4698, at
Page 0794 ("Proffer").
WHEREAS, the Grantor has requested the Grantee to accept modifieations and
amendments to the Proffered Covenants, Restrietions and Conditions ("Proffer") recorded
in Deed Book 4698, at Page 0794, which amendments and modifications are set forth
herein; and
I WHEREAS, the Grantee's policy is to provide only for the orderly development of
I
land for various purposes through zoning and other land development legislation; and
IISm:s.IIOURDON. GPIN:
AJlmN & LM. P.c
1495.75-8399 (part)
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of ehange that will be created by the Grantor's proposed use, certain
reasonable conditions governing the use of the Property for the proteetion of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, the following amendment to the previously
proffered conditions related to the physical development, operation, and use of the
Property to be ineorporated as a part of the previously adopted amendment to the Zoning
Map.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or Quid R!Q Q.!!Q for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following amended and modified declaration of
eonditions, covenants, restrictions as to the physieal development, operation, and use of
the Property and hereby eovenant and agree that this declaration shall constitute
covenants running with the Property, whieh shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantees, and other suceessors in interest or title.
1.
Proffer numbered "2" is amended to read:
The parcels shall be subject to the following mandatory site development
guidelines:
a)
A fifty foot (50') Landscape setback from Dam Neek Road shall be
maintained by the Property Owners Association and no
improvements shall be located within the Landscape setback.
b)
A twenty foot (20') Landscape setback from London Bridge Road
shall be maintained by the Property Owners Association and no
improvements shall be loeated within the Landscape setback.
PREPARED BY'
.SYJ:l:S. BOURDON.
AJ.IrnN & lM.P.c.
2
c)
d)
2.
A minimum fifty foot (50') building setback shall be required from
London Bridge Road.
A minimum thirty foot (30') side yard building setback shall be
required on those lots with a rear property line whieh abuts Dam
Neck Road.
e)
A minimum fifteen foot (15') side yard building setback shall be
required on those lots which do not have a property line abutting
Dam Neck Road, provided a ten foot (10') wide Category II Landscape
Buffer is maintained along the entire length of the side property line
t)
from which the fifteen foot (15') setback is measured.
No freestanding signage shall be permitted adjacent to either Dam
Neck Road or London Bridge Road and all signage shall comply with
the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK",
dated March 15, 2002 which are included in the Deed Restrictions
described in Proffer number 3.
g)
No onsite vehicular parking, outdoor storage, loading doeks, or
loading areas shall be permitted between Dam Neck Road and any
h)
building on a parcel adjaeent to Dam Neck Road.
No building shall exceed forty-five feet (45') in height and the
primary exterior surface of all buildings shall be either brick, split
face block, painted block, eoncrete panel, stone, wood, E.l.F.S., or
metal and shall be an earth-tone color or colors. The exterior surface
of any building on pareels numbered 8 through 14 on the site plan,
whieh are visible from Dam Neck Road shall be either brick, split
face block or stone.
All of the terms, eonditions, covenants, and agreements set forth in the
Proffer, save and except proffer numbered "'1:' which is amended herein, are ratified,
affirmed and remain binding upon the Property and upon all parties and persons claiming
under, by or through the Grantor.
PREP""ED av.
IISY1ŒS. BOURDON. All references hereinabove to the 1-1 Zoning District and to the requirements and
AIIrnN & !IVY. P.C I. li bI h
regu atlOns app ca e t ereto refer to the Comprehensive Zoning Ordinance and
3
Subdivision Ordinance of the City of Virginia Beaeh, Virginia, in force as of the date of
approval of this Agreement by City Council, whieh are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full foree and effect until a subsequent amendment changes the zoning of the
Property and specifieally repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed.
The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Offiee of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a eertified copy of an ordinance or
a resolution adopted by the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(I)
The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure complianee with sueh
eonditions, including mandatory or prohibitory injunetion, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute eause to
deny the issuance of any of the required building or oecupancy permits as may be
PREP>RED BY,
.SYlli. ROURDON. appropriate;
AilrnN & lM. P.C
4
PREPARED BY'
. SVIŒS. RoURDON.
AJI[RN & lIVY. P.C
(3)
If aggrieved by any decision of the Zoning Administrator, made pursuant to
I these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4)
The Zoning Map may show by an appropriate symbol on the map the
existenee of conditions attaching to the zoning of the Property, and the ordinanees and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
5
PREPARED BY,
IISVUS.IJOURDON.
AUŒN & n:vy. P.C
WITNESS the following signature and seal:
GRANTOR:
WOMACK CHAPPELL, L.L.C.,
a Virginia limited liability company
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 3rd day of May 2004, by
Jerry Womack, Member of Womack Chappell, L.L.C., a Virginia limited liability company,
on behalf of said corporation.
/Ä4¿f /,¡¡ 111 ~~1iJ
Notary Public
My Commission Expires: August 31,2006
6
PREPARED BY.
.SY1Œs.IJOURDON.
AJI[RN &. !IVY. P.C
EXHIBIT "A"
Metes and Bounds Description
Proposed Taylor Farms Industrial Park Development
Beginning at a point on the southern right-of-way line of London Bridge Road, said point
being on the dividing line of property of The Edmonds Company Virginia (Deed Book 2392
at page 1066) and Taylor Farms LLC (Deed Book 3799 at page 1331), thence along the
southern right-of-way line of London Bridge Road along a curve to the left having a radius
of 1949.86 feet and an are length of 334.43 feet and whose chord bearing and distance are
South 74052' 54" East - 334.02 feet; thence, South 7'if 47' 43" East -1101.74 feet; thenee,
departing the southern right-of-way line of London Bridge Road across the lands of Taylor
Farms LLC South 100 12' 17" West - 275.00 feet; thence, South 79° 47' 43" East - 11.91
feet; thenee, South 100 12' 17" West - 466.19 feet to a point on the northern right-of-way
line of Dam Neck Road; thence, along the northern right-of-way line of Dam Neck Road in
a westerly direction, North 78° 36' 53" West - 1728.63 feet; thence, North 110 23' 07" East
- 45.00 feet; thence, North 780 36' 53" West - 6:'84 feet to a point on the dividing line of
property of Taylor Farms LLC and The Edmunds Company Virginia; thence along the
dividing line of the above mentioned pareels North 61° 23' 28" East - 286.69 feet; thence,
North 120 53' 59" East - 97.67 feet; thence, North 13054' 14" East - 175.28 feet; thence,
North 4° 41' 19" East - 97.91 feet; thence, North 32° 33' 49" East - 150.77 feet to the point
of beginning. The above referenced metes and bounds deseription eneompassing 25.711
acres.
GPIN: 1495-75-8399 (pART OF)
MOD CO ND m 0 N SIW 0 MACK CHAPPE LIJPR 0 FFE R5
REV.6I2/YO4
7
K.
APPOINTMENTS
BICYCLE and TRAILS ADVISORY COMMITTEE
HISTORICAL REVIEW BOARD
MINORITY BUSINESS BOARD
PlJBLIC LIBRARY BOARD
REVIEW AND ALLOCA nON COMMITTEE (COG)
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
N.
ADJOURNMENT
CITY OF VIRGINH BEACH
SUMM4RY OF COUNCU ACnONS V
0 I
M 8 L
C E S L
DATE. 917f20C4 0 C M R C A W
PAGE: I I 0 ) L A N R H N I
E Y 0 A D 0 E M U L W
AGENDA Z N N D 0 E I E S 0
E
ITEM. SUBJECT MOTlOI' VOTE E E A 0 R V 0 V 0 0
L R S I' X F E T A N 0
I BRI£FING5,
I NAVAL AVIATOR'S MONUMENT David Sulhvan.
I Chief Infolmation
Office<
2 COMMUNITY LEGISLATIVE AGENDA Rohe~ Matthias,
ASSlstanl 10 the
Citv Mana...
IVIIII1V/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
VNI/E
F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
INFORMAUFORMAL SESSIONS 8124104
G/HII SISTER CITIES INTERNATIONAL- D, HilOyukl
2004 LOU WOZAR "BEST OVERALL Hamada, JECC
Mr. David Kunkel
PROGRAM" AWARD & Wendy Young,
Vilj\inta Beach
Symphony
O,chesInI, Mona
Denton, Garolyn
Gray & Amid
Gulas, Moss,
Norway
Comminee
PROCLAMATION IN RECOGNITION Bobhy Melan.
2 "VIRGINIA LEGENDS WALK DAY" Ron Kuhlman
Stan Brickell
Lee Edmondson
iii PUBLIC HEARING
Local La,. Enf",comenl Block Granl Funding NO SPEAKERS
(LLEBG)
JIKiI Rosolulion to REFER 10 Planning Com. OENIED 8-) Y Y Y N Y N Y N Y Y Y
amendments 10 § 901 ofCZO re mulli-family
dwellings B-4
2 O,dtnance 10 ACCEPTIAPPROPRIA TE AOOPTEO. BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
$78,151 1T0m FEMA/S4S, I 97 from Va, CONSENT
[mergeney Managemenl 10 F"e ,e Haza,d
Miligalion Plan WIth NorfolkJPortsmouthl
SulTolkllsle of Wight.
) OJ-dinanco to TRANSFER $IS,OOO 10 5c"01 AOOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
[dumion Foundation CONSENT
CITI' OF VIRGINIA BEACH
Sl'MMARF OF COl/NClL ACTIONS
v
0 I
M B L
C E S L
DATE 9i7!2004 D C M R C A w
PAGE' 1 I D J L A N R H N I
E Y 0 A D 0 E M U L W
AGENDA Z E N N D 0 E I E S 0
ITEM' SUBJECT MOTION VOTE E E A 0 R V D V .? I ~
L R S N X F E: T A
L APPOINTMENTS'
AGRICULTURAL ADVISORY
COMMISSION
Appomled 4 Year Tenn 10/1104 - 9ßOI08 11-0 Y Y Y Y Y Y Y Y Y Y Y
Mkhael Cullipher
COMMUNITY MEDICALADVISOR\'
COMMISSION
Appomted I Year Tenn 9/1104 - 8131105 11-0 Y Y Y Y Y Y Y Y Y Y Y
Judith Allison
Appomted2- Year 1e"" 2{1/04 ~ 813JI06 11-0- -Y Y Y- - Y Y -Y - -Y Y. .Y Y- - Y.
Dr. Edward E. Brickell 11-0 Y Y Y Y Y Y Y Y Y Y Y
UshettReoeeWard
Appointed 3 Year Tenn 9/1104 - 8i3J11J7 11-0 Y Y Y Y Y Y Y Y Y ,. Y
Patriek C. Devine, Jr. 11-0 Y Y Y Y Y Y Y Y Y Y Y
Patrieia Ann Warner
Appointed 4 Year Tenn 9/1104 - 8/3 1/08
Dr. W. Andrew DielOnson,ll 11-0 Y Y Y Y Y Y Y Y Y Y Y
Harry R. Purkey 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appoioted 5 Year Tenn 9/1104 - 8/31109
Riehord I(hne 11-0 y Y '{ Y Y Y Y '{ Y Y Y
Dr. MitchrU B. Miller 11-0 Y Y '{ Y Y Y Y Y Y Y Y
OLD BEACH DISTRICT MASTER PLAN
ADVISORY COMMITTEE
Appoioted - No Tenns
William D. Almond 11-0 Y Y Y Y Y Y Y Y Y Y Y
Janiee P. Andersnn 11-0 Y Y Y Y Y Y Y Y Y Y Y
Miehad J. Ba""tt J 1-0 Y Y Y Y Y Y Y Y Y Y Y
Lorry S. Barry 11-0 y Y Y Y Y Y Y Y Y Y Y
Andrew C. Edwards 11-0 y Y Y Y Y Y Y Y Y Y Y
John L Gihson, II 11-0 Y Y Y Y Y Y Y Y Y Y Y
R. Preston Mid~ett, II 11-0 Y Y Y Y Y Y Y Y Y Y Y
11-0 Y Y Y Y Y Y Y Y Y Y Y
Mary Anne L Nixon 11-0 Y Y Y Y Y Y Y Y Y Y Y
Rosa Lee No""an 11-0 Y Y Y Y Y Y Y Y Y Y Y
Thomas Pritehard 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ronald C. Ripley 11-0 Y Y Y Y Y Y Y Y Y Y Y
Kenoeth F. Taylor 11-0 Y Y Y Y Y Y Y Y Y Y Y
Borh"a Yates
PARKS AND RECREATION
COMMISSION
Appoioted Unexpi«d Tenn Thru 8/31107 11-0 Y Y Y Y Y Y Y Y Y Y Y
Bdty L Warren
RESCHEOULED B Y C 0 N S E N S U S
SOCIAL SERVICES BOARD-
on' OF VIRGINiA BE4CH
S~WMARYOFCOUNCftACnONS
v
0 r
M B L I
c E S L
DATE. 9;¡ '2004 D C M R C A W
PAGE: 3 r D ] L A N R H N r
E y 0 A D D E M U L W
AGENDA Z E N N 0 0 E 1 E S 0
ITEM' SUBJECT MOTION VOTE E E A 0 R V D V 0 0
L R S N X F E T A N D
i
I~
EJ ADJOURNMENT
6:40P.M