SEPTEMBER 28, 2004 AGENDA
"COMMUNITY FOR A LIFETIME"
CITY OF VIRGINIA BEACH
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZ,EL, Kempsvìlle - District]
ROBERT M. DYER, Centervìlle - District]
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOx. Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
JAMES K. SPORE, City Manager
LESliE L. LILLEY. City Attorney
RUTH HODGES SMITH, MMCA, City Clerk
28 September 2004
1.
CITY MANAGER'S BRIEFING
- Conference Room
A.
DREDGING
Dean Block, Director, Department of Public Works
II.
CITY COUNCIL COMMENTS
ill.
REVIEW OF AGENDA ITEMS
IV.
- Conference Room
INFORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
v.
- Council Chamber
FORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend W. Samuel Walton
United Baptist Church
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 4]7-4303
FAX (757) 426-5669
E MAILCtycncl@vbgov.com
2:00 P.M.
3:00 P.M.
6:00 P.M.
F.
G.
H.
1.
1.
K.
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
MINUTES
1.
INFORMAL AND FORMAL SESSION
September 14, 2004
AGENDA FOR FORMAL SESSION
PUBLIC HEARINGS
1.
BLACKWATER LOOP-EXCESS PROPERTY
2.
BIKEWAYS and TRAILS PLAN B
PUBLIC COMMENT
1.
COMMUNITY LEGISLATIVE AGENDA for 2005
CONSENT AGENDA
0 RD I NAN CESIRESOL UTI ON
1.
Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai
Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site
acquisitions. (Resolution adopted August 5, 2002)
2.
Ordinance to AMEND and REORDAIN § 2-6 of the City Code re the membership of
the Resort Advisory Commission (RAC).
3.
Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds
re equipment and vehicle replacements.
4.
Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine
Science Center Foundation to the FY 2004-2005 Operating Budget ofthe Department
of Museums and Cultural Arts re two full-time Curator positions for their stranding
program.
5.
L.
M.
Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice
Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund
Reserve for Contingencies re:
a. Police Department mugshot capture station, digital camera and forensic light
source kit $15,700
b. Community Corrections Office re contracted manpower
$11,159
c. Sheriffs Department re the Law Enforcement Training Academy $23,848
6.
Resolution to AUTHORIZE the City Manager to execute a Memorandum of
Understanding (MOU) with Hampton Roads Squadron and The Association of Naval
Aviation, Inc. (ANA), re the placement of aN aval Aviation Memorial on public
property at 25th Street and Atlantic Avenue to be named "Monument Park".
PLANNING - NO ACTION
1.
Application of DR. ROBERT D. VOOGT for a Conditional Use Pennit for a facility
for the disabled at Old Donation Parkway and First General Parkway.
(DISTRICT 5 - L YNNHA VEN)[This item was deferred by the Planning Commission]
PLANNING
1.
Application of THERESA M., GRUBBS for a freestanding mobile home on her
property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROV AL
2.
Application of HOW ARD HOLZMACHER for a Conditional Use Pennit for
firewood preparation at 3308 Heffington Drive.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROV AL
3.
Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.C. to
construct two (2) single family residenses at Holland Road and Litchfield Way:
(DISTRICT 7 - PRINCESS ANNE)
a.
Change of Zoning District Classification from AG-l and AG-2 Agricultural
Districts to R-20 Residential District
b.
Variance to § 4.4(b) ofthe Subdivision Ordinance that requires all newly created
lots meet all the requirements of the City Zoning Ordinance (CZO).
RECOMMENDATION:
APPROV AL
4.
Petition for a Variance to § 4.4(b) to the Subdivision Ordinance that requires all newly
created lots meet all the requirements ofthe City Zoning Ordinance (CZO) for JANE
and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to
accommodate two detached single-family dwellings.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROV AL
5.
Application of SAIR ENTERPRISES for a Modification of Conditional Use Permits
approved by City Council on March 14, 1966 and December 12, 1983 (Harry L.
Partridge) to construct a new auto service station and convenience store at 6016 Indian
River Road.
(DISTRICT 1 - CENTERVILLE)
RECOMMENDATION:
APPROVAL
6.
Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for motor
vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROV AL
N.
APPOINTMENTS
BICYCLE and TRAILS ADVISORY COMMITTEE
HISTORICAL REVIEW BOARD
MINORITY BUSINESS BOARD
PARKS AND RECREA nON COMMISSION
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION - RAC
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
O.
UNFINISHED BUSINESS
P.
NEW BUSINESS
Q.
ADJOURNAMENT
***************
¡fyou are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TOO - Telephonic Device for the Deaf)
**************
Agenda 09/28/04\sb
www.vbgov.com
28 September 2004
1.
CITY MANAGER'S BRIEFING
- Conference Room
2:00 P.M.
A.
DREDGING
Dean Block, Director, Department of Public Works
ll.
CITY COUNCIL COMMENTS
ill.
REVIEW OF AGENDA ITEMS
N.
INFORMAL SESSION
- Conference Room
3:00 P.M.
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
6:00 P.M.
v.
FORMAL SESSION
- Council Chamber
A.
B.
c.
D.
E.
F.
G.
CALL TO ORDER - Mayor Meyera E. Obemdorf
INVOCATION:
Reverend W. Samuel Walton
United Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
INFORMAL AND FORMAL SESSION
September 14, 2004
AGENDA FOR FORMAL SESSION
I{rsnlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom ofInformation Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H.
PUBLIC HEARINGS
1.
BLACKWATER LOOP - EXCESS PROPERTY
2.
BIKEW A YS and TRAILS PLAN B
1.
PUBLIC COMMENT
1.
COMMUNITY LEGISLATNE AGENDA for 2005
J.
CONSENT AGENDA
-:-1-) 1:' ¡::; i:' At' .0. 'N
¡.Io............"", ,
SUNDIN, SEPTEMBER 19, 2004
PUBLIC HEARING
SALE OF EXCESS CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING on the
disposition and sale of 1.296:1: acres, Tuesday, September 28, 2004
at 6:00 p.m., in the Council Chamber of the City Hall Building (Build-
ing #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia.
The property is located off of Blackwater Loop (GPIN 1399-02-3686).
The purpose of this hearing will be to obtain public input to determine
whether this property should be declared "Excess of the City's needs".
If you are physically disabled or visually impaired and need assis-
tance at this meeting, please call the CITY CLERK'S OFFICE at
427-4303; Hearing impaired, call Virginia Relay at 1-800-828-1120
for assistance in reaching the City Clerk's Office. .
Any questions concerning this matter should be directed to the Office
of Real Estate, Building #2, Room 392, at the Virginia Beach Munici-
pal Center. The Real Estate Office telephone number is (757)
427-4161.
Beacon Sept. 19, 2004
G--=14-/~
Ruth Hodges Smith, MMCA
City Clerk
11994600
K.
2.
3.
4.
5.
0 RD IN AN CES/RESO L UTI 0 N
1.
Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai
Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site
acquisitions. (Resolution adopted August 5, 2002)
Ordinance to AMEND and REORDAIN § 2-6 of the City Code re the membership of
the Resort Advisory Commission (RAC).
Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds
re equipment and vehicle replacements.
Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine
Science Center Foundation to the FY 2004-2005 Operating Budget of the Department
of Museums and Cultural Arts re two full-time Curator positions for their stranding
program.
Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice
Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund
Reserve for Contingencies re:
a. Police Department mugshot capture station, digital camera and forensic light
source kit $15,700
b. Community Corrections Office re contracted manpower
$11,159
c. Sheriff's Department re the Law Enforcement Training Academy $23,848
6.
Resolution to AUTHORIZE the City Manager to execute a Memorandum of
Understanding (MOU) with Hampton Roads Squadron and The Association of Naval
Aviation, Inc. (ANA), re the placement of a Naval Aviation Memorial on public
property at 25th Street and Atlantic Avenue to be named "Monument Park".
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Sale of Excess Property on Blackwater Loop, GPIN 1399-02-3686
MEETING DATE: September 28,2004
.
Background: The trustees of The New Greater Mount Sinai Baptist Church have asked to
acquire the unimproved City owned property in front of their church on Blackwater Loop, for
additional parking. The acreage being conveyed is 1.296 ~ acres as shown on the plat
prepared by an outside consultant. The original deed has never been surveyed and
property being conveyed will be by Quitclaim Deed.
The School Trustees for Princess Anne County owned the property since 1930, but it was
never developed. The School Board agreed to sell the property to the City for disposal,
since it is not large enough to build upon by current standards.
The surrounding property owners were advised of the proposed sale of the property to the
church and they did not disagree.
.
Considerations: The Excess City Owned Real Estate Property Committee reviewed the
applicant's request and recommended the property be sold to the church for the appraised
value of $18,000, since it was not needed by a City agency.
.
The sale to the church will be contingent on the submission and approval of a subdivision
plat dedicating ingress/egress easements over the existing driveways located on the
property to the adjacent owners. The church will record said plat simultaneously with the
conveyance of the property by the City. The church will take the property subject to the
rights of the public to use an existing 20' private road on the south side adjacent to the
property.
.
Public Information: Advertisement for public hearing as required by §15.2-1800 of the
Code of Virginia and advertisement of City Council agenda.
.
Alternatives: Retain ownership of the subject site.
.
Recommendations: Approve the request subject to the terms and conditions of the
agreement.
.
Attachments:
Two Ordinances, Summary of Terms, Location Map, Plat
Recommended Action: Approval
Submitting Department/Agency: Public works.11
City Manage~ ~ ìz.. ~ ~
I
2
3
4
5
6
7
8
AN ORDWANCE TO ACCRUE THE
PROCEEDS FROM THE SALE OF SURPLUS
PROPERTY LOCATED ON BLACKWATER
LOOP (1.296:t ACRES) W VIRGINIA BEACH,
VIRGINIA TO CIP 1-006, VARIOUS SCHOOL
SITE ACQUISITION
WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church
9
have requested the School Board of the City of Virginia Beach to sell to the church 1.296:t acres
10
ofland located off of Blackwater Loop, having a GPW of 1399-02-3686, and being described in
11
Exhibit A attached hereto, (the "Property").
12
WHEREAS, the School Board of the City of Virginia Beach detennined the
13
Property to be surplus and in accordance with § 22.1-129 of the Code of Virginia of 1950, as
14
amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and
15
which was recorded as Instrument Number 200312190211528 in the land records of the clerk's
16
office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance
17
of the Property to the City of Virginia Beach.
18
WHEREAS, the City Council is of the opinion that the Property is in excess of the
19
needs of the City of Virginia Beach and by Ordinance adopted simultaneously herewith has agreed
20
to sell the Property to the New Greater Mount Sinai Baptist Church.
21
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
22
THE CITY OF VIRGINIA BEACH, VIRGINIA:
23
That any and all proceeds from the sale of the Property shall be applied to CIF 1-
24
006, Various Schools Site Acquisition.
25
This ordinance shall be effective from the date of its adoption.
26
Adopted by the Council of the city of Virginia Beach, Virginia, on the
day of
27
, 2004.
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APPROVED AS TO CONTENT
æ c. Ò'bM "'-
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CA-Q.1.S 3
R-1
PREP ARED: City Attorney's Real Estate Office
F:\DatalATY\Fonns\Excess\DF5317 BlackwaterlOrdinance $$ to schools.doc
APPROVED AS TO LEGAL
SUFFICIENCY
~
City Attorney's Office
EXHIBIT A
ALL THAT certain lot, piece or parcel of land
together with improvements thereon belonging,
lying, situate and being in Blackwater Magisterial
District in the City of Virginia Beach (formerly
Princess Anne County), State of Virginia, and
bounded and described as follows, to wit:
Beginning at the northwestern intersection of a
private road with Blackwater Road and running
thence along said private road N 82 degrees W 416
feet; thence N 8 Y2 degrees W 208 feet; thence S 82
degrees E 300 feet to the western side of Black
Water Road; thence along last said road S 5 Y2
degrees E 79 feet, more or less, to a bend in said
road and thence continuing along said road S 30 Y2
degrees E 153 feet, more or less to the point of
beginning, containing 2 acres, more or less.
It being the same property conveyed to the City of
Virginia Beach by Deed of Dedication dated
October 22, 2003 from the School Board of the city
of Virginia Beach, recorded December 19, 2003 in
Instrument No. 200312190211529.
.. .. .. . J~llj!W,~w!mW~JI'~~.IIIII~rl~1 "Exbibit :3"
~ City of Virginia Beach
12/19/2ØØ3 IØ:33:ØØAM
v,RGINiÃ'å'ËÄCH CITYPUBLI~QH(!)ÐlS .
0 F THE Ot.lJ RdV6E AON EOOZ
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - Centerville
1513 Beachview Drive
VA Beach. VA 23464
495-3551 (h) . 717-0259 (cell)
Neil L Rose
Vice Chairman
At-Large
1337 Harris Road
VA Beach, VA 23452
463-3823 (h) . 497-6633 (w)
Jane S. Brooks
District 6 - Beach
721 Hilltop Road
VA Beach, VA 23454
425-1597 (hI
Emma L "Em" Davis
District 5 - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (hI
A. James "Jim" DeBellis
District 2 - Kempsville
4545 Bob Jones Drive
VA Beach. VA 23462
467-2457 {hI
Dan R. Lowe
District 4 - Bayside
4517 Red Coat Road
VA Beach, VA 23455
4W-3681 (h)
Sandra Smith.Jones
At-Large
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h
Michael W. Stewart
Dislrict 3 . Rose Hall
105 Brentwood Court
VA Beach. VA 23452
498-4303 (h) .445-4637 (w)
ArthurT. Tate
At-Large -
1709 Ladysmith Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D. Weems
AI-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (hI
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (wI
SUPERINTENDENT
TImothy R. Jenney, Ph.D.
2512 George Mason Drive
VA Beach. VA 23455
427-4326
AHEAD
~..:::nc::.., -. "..;i~:-::;"/;\
:l::;Oè.:C::)::'d J..O:J/G.:JJ'j
CONVEYANCE OF EXCESS SCHOOL PROPERTY
WHEREAS; the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45
acres (GPIN 1399-02~3686) of property off of Blackwater Loop as shown on the attacfled map
dated July 29,2003 (the "Property"); and
WHEREAS, both City and School staff have been approached by representatives of an adjacent
property owner, the Greater Mount Sinai Baptist Church about acquiring the Property: and
WHEREAS, School staff has researched the Property and determined that there is no present or
future school need for it; and
WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended. provides for the
conveyance of surplus school property to the City by the adoption of a resolution and ihe
recordation of a Deed in the Office of the Clerk of Courts; and .
WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be
used for school site acquisition. .
NOW, THEREFORE, BE IT RESeL VED: That the Schoo! Board declares the Propertj to be
surplus property and directs the School staff to work with the City Department of Public
Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of
the p'roperty to the City of Virginia Beach in accordance with the laws of the Commonvvealth of
Virginia; and be it
FURTHER RESOLVED: That the School Board formally requests that City COuncil appropriate
any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site
Acquisition; and be it
FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council,
City Manager and City Clerk by the Clerk of the Board.
Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003
~~
Chairman
ATTEST:
~I ôJ. ~
Dianne P. Alexander
Clerk of the Board
GPIN: 1399-02-3686
School Administration Building. 2512 George Mason Drive. p. O. Box 6038 . Virginia Beach, VA 23456-0038
Property Owned by:
"School Trustees for the County
School Board of Princess Anne County"
s
prepared by:
Administrative Support Services
Facilities Planning and Construction
Demographics and Planning
July 29, 2003
N
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~ Parcel Information:
GPIN: 1399-02-3686
Acreage: +/- 1.45 Acres
0 300
I
600 Feet
1
2
3
4
5
6
7
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9
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11
AN ORDINANCE TO ACCEPT A DEED FROM
THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH FOR SURPLUS PROPERTY
LOCATED ON BLACKWATER LOOP (1.296:t
ACRES) IN VIRGINIA BEACH, VIRGINIA, TO
DECLARE SAID PROPERTY EXCESS, AND TO
AUTHORIZE THE CITY MANAGER TO SELL
SAID PROPERTY TO TRUSTEES OF THE NEW
GREATER MOUNT SINAI BAPTIST CHURCH
WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church
12
have requested the School Board of the City of Virginia Beach to sell to the church 1.296:t acres
13
ofland located off of Blackwater Loop, having a GPIN of 1399-02-3686, and being described in
14
Exhibit A attached hereto, (the "Property").
15
WHEREAS, the School Board of the City of Virginia Beach determined the
16
Property to be surplus and in accordance with § 22.1-129 of the Code of Virginia of 1950, as
17
amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and
18
which was recorded as Instrument Number 200312190211528 in the land records of the clerk's
19
office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance
20
of the Property to the City of Virginia Beach.
21
WHEREAS, the City Council is of the opinion that the Property is in excess of the
22
needs of the City of Virginia Beach.
23
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
24
25
1.
That the City Council of the City of Virginia Beach hereby accepts
26
the conveyance of the Property from the School Board of the City of Virginia Beach as provided
27
in the Deed that was recorded as Instrument No. 200312190211529 in the land records of the
28
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
29
2.
That the Property is hereby declared to be in excess of the needs of
30
the City of Virginia Beach.
31
3.
That the City Manager is hereby authorized to enter into an
32
agreement of sale in accordance with the Summary of Terms attached hereto as Exhibit C and to
33
execute any and all documents necessary in order to convey the Property to the New Greater
34
Mount Sinai Baptist Church.
35
4.
That any building site( s) created on the Property shall connect to
36
public water and sewer where available.
37
This ordinance shall be effective from the date of its adoption.
38
Adopted by the Council of the city of Virginia Beach, Virginia, on the
day of
39
,2004.
APPROVED AS TO CONTENT
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~r.~~
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CA-8996
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PREPARED: City Attorney's Real Estate Office
F:\Data\A TY\Forms\Excess\DF5317 Blackwater\Ordinance3.doc
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APPROVED AS TO LEGAL
SUFFICIENCY
~
City ttom y's Office
,
EXHIBIT A
ALL THAT certain lot, piece or parcel of land
together with improvements thereon belonging,
lying, situate and being in Blackwater Magisterial
District in the City of Virginia Beach (formerly
Princess Anne County), State of Virginia, and
bounded and described as follows, to wit:
Beginning at the northwestern intersection of a
private road with Blackwater Road and running
thence along said private road N 82 degrees W 416
feet; thence N 8 Y2 degrees W 208 feet; thence S 82
degrees E 300 feet to the western side of Black
Water Road; thence along last said road S 5 Y2
degrees E 79 feet, more or less, to a bend in said
road and thence continuing along said road S 30 Y2
degrees E 153 feet, more or less to the point of
beginning, containing 2 acres, more or less.
It being the same property conveyed to the City of
Virginia Beach by Deed of Dedication dated
October 22, 2003 from the School Board of the city
of Virginia Beach, recorded December 19, 2003 in
mstrument No. 200312190211529.
. . J~' j!~l!~!~mW~l"~~II!II~!'~1 "Exhibit B"
~ Clty of Virginia Beaoh
12/19/2003 10:33:00AM
'VrRGINiÃ'å'ËÄCH CITY PUBUCDSCDH0OCS
AHEAD OF THE
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT ~ P. ~
TImothy R. Jenney, Ph.D. Dianne P, Alexander
~¡'~=~AM:~¿mve Clerk of the Board
427-4326
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - Centerville
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) . 717-0259 (cell)
Neil L Rose
Vice Chairman
At-large
1337 Harris Road
VA Beach, VA 23452
463-3823 (h) . 497-6633 (w)
Jane S. Brooks
District 6 - Beach
721 Hilltop Road
VA Beach, VA 23454
425-1597 (h)
Emma L "Em" Davis
District 5 -Lynnhaven
1125 Michælwood Drive
VA Beach, VA 23452
340-8911 (h)
A. James "Jim" DeBellis
Districl2 - Kempsville
4545 Bob Jones Drive
VA Beach. VA 23462
467-2457 (h)
Dan R. Lowe
District 4 - Bayside
4617 Red Coat Road
VA Beach. VA 23455
490-3681 (h)
Sandra Smith-Jones
At-Large
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Michael W, Stewart
District 3 - Rose Hall
105 Brenlwood Court
VA Beach. VA 23452
498-4303 (h) .445-4637 (w)
ArtI1urT. Tate
At-large'
1709 ladysmith Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D. Weems
At-large
1420 Oaudia Drive
VA Beach. VA 23455
464-6674 (h)
~tl RJV6E!¡ON£ÛOZ
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:~~; C1 ~: .::: :;;::. d 1. 0; J / (],:J J :J
CONVEYANCE OF EXCESS SCHOOL PROPERTY
WHEREAS, the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45
acres (GPIN 1399-02-3686) of property off of Blackwater Loop as shown on the attached map
dated July 29, 2003 (the "Property"); and
WHEREAS, both City and School staff have been approached by representatives of an adjacent
property owner, the Greater Mount Sinai Baptist Church about acquiring the Property; and
WHEREAS, School staff has researched the Property and determined that there is no present or
future school need for it; and
WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended, provides for the
conveyance of surplus school property to the City by the adoption of a resolution and the
recordation of a Deed in the Office of the Clerk of Courts; and '
WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be
used for school site acquisition.
NOW, THEREFORE, BE IT RESOLVED: That the School Board declares the Property to be
surplus property and directs the School staff to work with the City Department of Public
Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of
the Property to the City of Virginia Beach in accordance with the laws of the Commonwealth of
Virginia; and be it '
FURTHER RESOLVED: That the School Board formally requests that City Council appropriate
any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site
Acquisition; and be it
FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council,
City Manager and City Clerk by the Clerk of the Board.
Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003
ATTEST:
~~
Chairman
GPIN: 1399-02-3686
School Administration Building. 2512 George Mason Drive. P. 0, Box 6038 . Virginia Beach, VA 23456-0038
Property Owned by:
"School Trustees for the County
School Board of Princess Anne County"
s
prepared by:
Administrative Support Services
Facilities Planning and Construction
Demographics and Planning
July 29, 2003
N
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~ Parcel Information:
GPIN: 1399-02-3686
Acreage: +/- 1.45 Acres
0 300
,
600 Feet
EXHIBIT C
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY ON BLACKWATER LOOP
SELLER:
City of Virginia Beach
PURCHASER:
Great Mt. Sinai Baptist Church
PROPERTY:
Approximately 56,458:i: (1.296:i: acres)
SALE PRICE:
$18,000 as per appraisal
CONDITIONS OF SALE:
. The property shall be resubdivided to eliminate lot line between
GPIN 1399-02-3686 and GPIN 1399-02-5434 (Greater Mt. Sinai Baptist Church)
. The buyer shall grant ingress/egress easements over driveways
. The buyer will take the property subject to the rights of the public to use an
existing 20' private road on the south side adjacent to the property
D
,-
cO
-------
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co
a
l~ Dr- 00
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00 \ j-
Barron ~
McPherson
1399-02-1828
0
0
PROP. INGRESS/ 0
EGRESS EASEMENT
~
Joseph R. Christian
1399-02-2307
MT. SINAI
CHURCH
Ç'¡ ~
ø~-------
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PROP. INGRESS!
EGRESS EASEMENT
LOCATION MAP
FOR EXCESS CITY OWNED
PROPERTY ON
BLACKWATER LOOP
SCALE: 1" =
200'
BLACKWATER LOOP.DGN M.j.S.
PREPARED BY PIN ENG. CADD DEPT.
APRil 8, 2004
\
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Nit
BARRON McPHERSON
MB 55 P 12
GPIN: 1399-02-1828
2.80 AC.
INSTRUMENT NO. 200309110147225
S 82'00'00" E
224.40'
-
Nit
MARVIN FOREMAN
1,0 AC.
MB 55 P 12
DB 2908 P 1282
GPIN: 1399-02-1760
PLA T SHOWING
PROPERTY OF
CITY OF VIRGINIA BEACH
INSTRUMENT NO. 200312190211529
VIRGINIA BEACH, VA.
SCALE: 1" = 100' 2 JUNE 2004 REV,
CITY OF VIRGINIA BEACH
z
0 MB 55 P 12
t"~q 56,458 SF
~ ð. 1.296 AC.
. 0
8. 0, GPIN: 1399-02-3686
J-
l- TI
15' 5'
20' ROAD (PRIVATE) .
MB 55 P 12
MB 7 P 34
f.
PARCEL 9A
10.48 AC.
MB 221 P 98
NOTE:
THIS PLAT HAS BEEN COMPILED FROM VARIOUS SOURCES AND
DOES NOT REPRESENT A FIELD SURVEY.
416.00'
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100.00'
N 82'00'00" W
N/F
JOSEPH R. CHRISTIAN
GPIN: 1399-02-2307
EXHIBIT A
!U~ GALLUP
1.1.1 lr. SURVEYORS. . & ENGINEERS, L TO,
'II~ "- ~~~ FIRST COLONIAL ROAO
~..~
~"~."~{;-':i1
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........-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend and Reordain City Code § 2-6 Pertaining to the
Composition of the Resort Advisory Commission
MEETING DATE:
September 28, 2004
. Background: On April 2, 1984, City Council adopted a resolution to create the
Resort Area Advisory Commission, now known as the Resort Advisory Commission
("RAC"). The general purpose of the RAC was to review and make recommendations
to City Council regarding projects and issues associated with the Oceanfront Resort
Area and other resort and tourism related projects and issues as the City Council may
refer to the commission.
. By ordinance adopted December 18, 2001, City Council added Section 2-6(c)
which prescribed the membership of the RAC. This Subsection provides that in
appointing RAC members, City Council will give "special consideration to" members of
the Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant Association,
Resort Retailers Association, Virginia Beach Division of the Hampton Roads Chamber
of Commerce, and Virginia Beach Council of Civic Organizations, rather than being
required to appoint members of those organizations.
The proposed amendment will require City Council to appoint at least one
member from each of the above-mentioned organizations when appointing members
to the RAC.
. Considerations: Under the proposed amendment, there will be representative
participation in the RAC from those organizations that have a special interest and/or
expertise in the Oceanfront Resort Area. However, City Council will retain flexibility in
choosing the appointees.
. Public Information: Notice of this Ordinance will be handled through the normal
agenda process.
.
Recommendations: Approve the Ordinance to amend City Code § 2-6.
.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Councilmember Richard A. Maddox
City Manager:
REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
1
2
3
4
5
6
7
8
9
10
11
12
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6
OF THE CITY CODE PERTAINING TO THE COMPOSITION
OF THE RESORT ADVISORY COMMISSION
Section Amended: City Code § 2-6
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
13
14
That Section 2-6 of the City Code is hereby amended and reordained to read as
15
follows:
16
Sec. 2-6. Resort advisory commission.
17
18 (c)
19
20
21
22
23
24
25
26
27
The commission shall consist of at least eleven (11), but not more than,
nineteen (19) members. In selecting members of the commission, the 6 City
6 Council shall give special consideration to the representatives appoint at
least one representative from each of the following organizations: Virginia
Beach Hotel/Motel Association, Virginia Beach Restaurant Association,
Resort Retailers Association, Virginia Beach Division of the Hampton Roads
Chamber of Commerce, and Virginia Beach Council of Civic Organizations.
The 6 City 6 Council shall also appoint to the commission at least three (3)
design professionals having expertise in the fields of architecture, urban
design, land use planning, landscape architecture, transportation planning, or
1
28
other design fields relevant to the purposes for which the commission was
29
created.
30
In the event of a conflict between the provisions of this s Subsection and any other
31
ordinance or bylaw, the provisions of this s Subsection shall control.
32
(d)
This ordinance supersedes Ordinance No. ~ 2826 adopted bye City e
33
Council on December 18, 2001 June 22, 2004.
34
COMMENT
35
36
37
38
39
40
41
42
43
Ordinance 2680 adopted by City Council on December 18, 2001, added Subsection (c), which
prescribed the membership of the RAC. This Subsection provides that in appointing RAC members,
City Council will give "special consideration to" members of the Virginia Beach Motel/Hotel
Association, Virginia Beach Restaurant Association, Resort Retailers Association, Virginia Beach
Division of the Hampton Roads Chamber of Commerce and the Virginia Beach Council of Civic
Organizations, rather than being required to appoint members of those organizations. The
substantive change is that City Council will be required to appoint at least one representative from the
organizations cited in Subsection (c). Other minor amendments are housekeeping in nature.
44
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
day
45
of
,2004.
46
47
48
49
50
51
52
53
54
55
56
57
Approved as to Legal Sufficiency:
~
City Attorney's Office
CA-9374
H :\O&R\Proposed\RAC2.ord .doc
September 9, 2004
R-1
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to appropriate $1,750,000 in FY 2003-04 Virginia Beach School Reversion
Funds to School CIP project 1-011, Equipment and Vehicle Replacements
MEETING DATE:
September 28, 2004
. Background: On August 17, 2004, the School Board was presented with a summary
of the un-audited financial statements for FY 2003-04 realizing $13,205,888 in reversion funds.
The reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in
expenditure savings. The Virginia Beach School Board adopted by resolution on September 7,
2004 the allocation of $1 ,750,000 of these funds for the purchase of replacement school buses.
. Considerations: The reversion funds are not generally re-appropriated to the
schools until October or November. The School Board can realize a reduction in the per-unit
cost of all buses purchased with the re-appropriation in September of $1.75 million from the FY
2003-04 reversion funds. The School Board approved the recommended use of $1.75 million of
the $13.2 million of FY 2003-04 reversion funds as presented by administration.
. Public Information: Approved by the School Board at the September 7,2004 public
meeting.
.
Alternatives: None
. Recommendation: City Council approve the re-appropriation of $1,750,000 to the
School CIP Project 1-011, Equipment and Vehicle Replacements.
. Attachments: School Board Resolution dated September 7, 2004 regarding FY 2003-04
Reversion Funds (Partial Appropriation Request) and Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: VB City Public Schools' superintendent~
CityManager.~\ \L ."òß~ .~ tI
1
2
3
4
5
6
7
8
AN ORDINANCE APPROPRIATING $1,750,000 OF FUND
BALANCE IN THE GENERAL FUND TO CAPITAL
PROJECT# 1-011, EQUIPMENT AND VEHICLE
REPLACEMENT, FOR THE REPLACEMENT OF SCHOOL
BUSES
by resolution dated September 7,
WHEREAS,
2004,
the
9
School Board formally requested the City Council to appropriate of
$1,750,000 in FY 2003-04 school reversion funds for the purchase of
10
11
replacement school buses.
12
13
14
15
16
17
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $1,750,000 from the Fund Balance of the General
Fund is hereby appropriated to Capital Project #1-011, Equipment
18
19
and Vehicle Replacement, for the purpose of replacing school
20
buses, with revenue increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia,
the
day
of
2004
on
Requires an affirmative vote by a majority of the members of City
Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
1J~Q
Management
CA9379
R4
September 16, 2004
H:\PA\GG\ORDRES\SCHOOL'S Reversion FY 2004 CIP1-011 ord.DOC
..
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REGARDING FY 2003/04 REVERSION FUNDS
(PARTIAL APPROPRIATION REQUEST)
SCHOOL BOARD
Daniel D. Edwards.
Chairman
District 1 - Centerville
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h). 717-0259 (cell)
Sandra Smith.Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
4!JO.8167 (h)
Rita Sweet Bellitto
At-large
P.O. Box 64909
VA Beach, VA 23467
418-0960 (h)
Jane S. Brooks
District 6 - Beach
721 Hilltop Road
VA Beach. VA 23454
425-1597 (h)
Emma L "Em" Davis
DistrictS - Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Edward F. Fissinger, Sr.
At-Large
412 Becton Place
VA Beach, VA 23452
486-4567 {h}
Dan R. Lowe
Districl4 - Bayside
4617 Red Coat Road
VA Beach. VA 23455
49G-3681 (h)
Michael W. Stewart
District 3 - Rose Hall
105 Brentwood Court
VA Beach. VA 23452 .
498-4303 {h} . 445-4637 (w)
ArthurT. Tate
At-Large
1709 Ladysmith Mews
VA Beach. VA 23455
460-5451 (h)
Carolyn D. Weems
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
Timothy R. Jenney, Ph.D.
2512 George Mason Drive
VA Beach. VA 23456
263.1007
WHEREAS, On August 17; 2004 the School Board was presented with a summary of the
un-audited financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and
WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and
$6,729,026 in expenditures savings; and
WHEREAS, the purchase of replacement buses is funded through Operating Budget funds
and reversion funds, and
WHEREAS, the reversion funds are not generally re-appropriated to the schools until
October or November, and
WHEREAS, the Administration recommends the re-appropriation of $1,750,000 of the
$13.2 million in reversion funds for the purchase of replacement school buses,
WHEREAS, the school division can realize a reduction in the per-unit cost of all buses
purchased with the re-appropriation in September of $1.75 million from the FY 2003/04
reversion funds, now, therefore, be it
RESOLVED: That the Board approves the recommended use of $1.75 million of the $13.2
million of FY 2003/04 reversion funds as presented by the Administration; and be it further
RESOLVED: That the Board requests City Council re-appropriate this $1,750,000 to the
School CIP Project 1-011 Equipment and Vehicle Replacements as soon as practicable, and be it
further
RESOLVED: That a copy of this resolution be spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,
each member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 7111 day of September 2004.
À<~@5"þ~~
Daniel. Edwards, Chairman
SEAL
.
~.'~~~
Dianne P. Alexander, Clerk of the Board
School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Appropriate $89,423 from the Virginia Aquarium and Marine
Science Center Foundation to the FY 2004-05 Operating Budget of the
Department of Museums and Cultural Arts to Fund Two Full-Time Positions.
MEETING DATE: September 28,2004
. Background: The Virginia Aquarium and Marine Science Center's Stranding
Program is designated by the National Marine Fisheries Service, US Fish and
Wildlife Service and the State as the agency to manage the marine mammal
stranding network, as well as respond to marine mammal and sea turtle strandings
in Virginia. The Stranding Program's mission is to promote conservation of marine
animal species through research, rescue, rehabilitation and education.
The Virginia Aquarium and Marine Science Center Foundation, Inc., ("Foundation")
has received funding in previous years from the National Marine Fisheries Service
through the John Prescott Marine Mammal Stranding Grant Program. These grants
enabled the expansion of the Stranding Program's ability to respond to and provide
medical care, holding facilities and transport for live marine mammal strandings in
Virginia and adjacent areas. They also enhanced the ability of the Stranding
Program to evaluate marine mammal strandings by improving carcass retrieval,
necropsy, tissue sampling, animal storage and disposal techniques, and upgrading
data collection and management systems.
. Considerations: In the past, the Foundation has used some of the funds
received through the Prescott grants to reimburse the City for the salaries of two full-
time FTE's in the Stranding Program. The positions were tied to the continued
receipt of the Prescott grant. As the grants were awarded to the Foundation,
adjustments were made to increase local revenue from the Foundation and increase
the operating budget of the Department of Museums and Cultural Arts to authorize
the positions on a year-by-year basis.
So that these important marine mammal and turtle rescue and rehabilitation efforts
can continue without lapse, the Foundation has agreed to guarantee the funds to
preserve these positions indefinitely. Approval of this request will secure the
salaries of two FTE curators, and will ensure continuation of stranding program work
without lapses. Both positions are vital to the continued operations of the research
and rehabilitation work of the Stranding Team. One position is a Stranding Program
Coordinator who will be responsible for managing the daily operation of the
stranding program. This individual is a senior scientist for stranding program
research, and is responsible for the coordination of marine mammal and sea turtle
stranding response, facility and equipment maintenance, database management and
volunteer organization. The second curator, a Stranding Program Veterinary
Technician, currently develops and implements daily animal care plans and
manages the care of stranded marine mammals and sea turtles.
The Department of Museum and Cultural Arts requests that the two FTE's be added
to the Department's FY '05 budget. Since all salary and associated benefit costs of
these two employees will be reimbursed by the Foundation, this request represents
no cost to the City. These positions remain dependent on continued Foundation
reimbursement. If, at some time in the future, the Foundation is not willing or able to
reimburse the City for the cost of these positions, the positions will be terminated.
. Public Information: The public will be informed through the normal agenda
process.
. Alternatives: Do not approve the continuation of two FTE positions in the
stranding program.
. Recommendations: Approval of Appropriation and Continuation of Positions
. Attachments:
Ordinance
Commitment letter from Foundation
Recommended Action: Approval of ordinance.
Submitting Department/Agency: Department of Museums and Cultural Arts.
City Manager:~.,. ~ .~\1'1"1..
<:
,. {Î7¡"', J \H
WvVy~~ \-~-A..:t::
1
2
3
4
5
6
7
AN ORDINANCE TO APPROPRIATE
$89,423 FROM THE VIRGINIA AQUARIUM
AND MARINE SCIENCE CENTER
FOUNDATION TO THE FY 2004-05
OPERATING BUDGET OF THE DEPARTMENT
OF MUSEUMS AND CULTURAL ARTS TO
FUND TWO FULL-TIME POSITIONS
8
WHEREAS,
the
Virginia
Aquarium
and
Marine
Science
Center
9
Foundation
("the Foundation") has pledged to reimburse the City for
10
the
cost
of
two
additional
full-time
curators
in
the
Virginia
11
Aquarium and Marine Science Center's stranding program.
12
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13
VIRGINIA BEACH, VIRGINIA:
14
1. That $89,423 in anticipated revenue from the Virginia Aquarium
15
and Marine Science Foundation is hereby appropriated to the FY
16
2004-05
Operating
Budget
of the
Department
of Museums
and
17
Cultural
Arts
for
operation
of
the
Virginia
Aquarium
and
18
Marine Science Center's stranding program, with revenue from
19
local sources increased accordingly.
20
2. That
two
full-time
equivalent
curator positions
are hereby
21
added to the FY 2004-05 Operating Budget of the Department of
22
Museums and Cultural Arts; provided, however, that continuing
23
these positions
in
future budget
years
is
contingent
upon
24
future funding from the Foundation.
25
Adopted by the Council of the City of Virginia Beach, Virginia,
26
on this
of
, 2004.
27
APPROVED AS TO
CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~Ùr
~ ~~_m.
City Attor~e' Off We
CA-9378
R-3
Sept 17, 2004
H:\PA\ordres\VB Aquarium and Marine Science Ctr Strand ord.doc
VIRGINIA
A'a U A R I U M.
t. MARINE SCIENCE CENTER
September 17,2004
Mr. Jim Spore, City Manager
City of Virginia Beach
Municipal Center, Building 1
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Mr. Spore,
This letter serves as confirmation that the Virginia Aquarium & Marine Science
Center Foundation, Inc. (Foundation) will reimburse the City of Virginia Beach for all
costs associated with two FTE positions previously funded through grant funds from the
National Fisheries Service Prescott Grant. Although future Prescott funds are
anticipated, there is currently a delay in the award process. So that the operations of the
Stranding Program wilJ continue without lapse, the Foundation guarantees the funding for
these two Curator positions in the event of lapses or absence of grant funding.
I would be happy to discuss this with you further should you have any questions
need additional information. Thank you for your consideration. .
With Kind Regards,
r---"
l..)C.n-- 7 -
Mr. Donald H. Patterson, Jr., President
VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION
717 GENERAL BOOTH BOUlEVARD, VIRGINIA BEACH, VIRGINIA 23451
phone 757-437-6010 ,fax 757-437-4976
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 2004 Local Law Enforcement Block Grant
MEETING DATE: September 28, 2004
.
Background:
The Local Law Enforcement Block Grant (LLEBG) program through the Federal
Department of Justice provides funds to units of local government for the purposes of
reducing crime and improving public safety. The program is designed to allow local
communities to address problems specific to their areas. The City has been awarded
$75,669 in the 2004 LLEGB. This funding includes $68,103 from the US Department of
Justice and a required local cash match of $7,566.
.
Considerations:
The grant requires that a local advisory board make a non-binding recommendation
regarding the use of funds. The Virginia Beach Criminal Justice Board serves in that
capacity and recommends that the funds be used as follows:
$11,159 for clerical assistance within the Community Corrections Department.
$24,962 for teleconferencing for the General District Court.
$23,848 for Law Enforcement Training Academy for the Sheriff's Department.
$15,700 for a digital camera kit, a mugshot capture station, and an alternative
forensic light source kit for the Police Department.
.
Public Information:
A public hearing, which is required by the grant, was held at the Council's September 7th
meeting.
.
Alternatives:
City Council can elect to use the funds for other law enforcement means (within the
grant guidelines) than those being recommended, or can decide not to accept the grant.
.
Recommendations:
Staff recommends that the grant be accepted and the recommended uses of the funds
be approved.
.
Attachments:
Award Letter from DOJ
Information on Projects
Ordinance
Recommended Action: Approval
Submitting Department/Agency:
City Manage~ k-- .'ò(j~
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $68,103 FROM THE U.S.
DEPARTMENT OF JUSTICE LOCAL LAW
ENFORCEMENT BLOCK GRANT AND
TRANSFER $7,566 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES
WHEREAS, the U.S. Department of Justice has authorized
9
a grant of $68,103 to the City of Virginia Beach as part of
10
the 2004 Local Law Enforcement Block Grant program,
and
11
this grant has a 10% match requirement.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
13
CITY OF VIRGINIA BEACH, VIRGINIA:
14
$68,103
That
is
1.
hereby
accepted
from
the
U.S.
15
of
Justice
and appropriated to the
Department
following
16
agencies
and
departments
in
the
and
for
the
amounts
17
purposes set forth below:
18
(a)
$15,700 to the FY 2004-05 Operating Budget
19
of the Police Department for a mugshot capture
20
station,
digital camera kit,
and an alternative
21
forensic light source kit;
22
(b) $11,159 to the FY 2004-05 Operating Budget of
23
the Community Corrections Office for contracted
24
manpower;
25
(c)
$23,848 to the FY 2004-05 Operating Budget
26
of
the
Sheriff's
for
the
Department
Law
27
Enforcement Training Academy; and
28
29
30
31
2.
32
requirement,
33
Reserve
34
Budget
(d)
$17,396 to the FY 2004-05 Operating Budget
of
General
District
Budget
for
the
Court
teleconferencing equipment.
That $7,566,
which will serve as the local match
is hereby transferred from the General
Fund
for
Contingencies
2004-05
Operating
the
FY
to
of
the
General
District
fund
Budget
to
Court
35
teleconferencing equipment.
36
3. That estimated revenue from the federal government
37
in
the
38
$68,103.
2004-05
Operating
is
increased
by
Budget
hereby
39
Adopted by the Council of the City of Virginia Beach,
40
day of
, 2004.
Virginia on the
Approved as to Legal
Sufficiency
Approved as to Content
~Q,
~MA? 1: ~., Çl/.
J.ty Attor
CA9377
R3
September 16, 2004
H:\PA\GG\ORDRES\LLEBG ord.doc
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of the Director
Washington, D.C. 20531
July 22, 2004
Mr. Spore
City Manager, Virginia Beach City
City Manager's Office
Municipal Center
Virginia Beach, VA 23456-9001
/
RE: Fiscal Year 2004 Local Law Enforcement Block Grants Program
Dear Mr. Spore:
I am pleased to inform you that I have approved the application for funding under the
Bureau of Justice Assistance's (BJA) Fiscal Year 2004 Local Law Enforcement Block
Grants (ILEBG) Program Ül the amount of $68,102 for Virginia Beach City. The purpose of
the :u.EBG Program is to reduce crime and improve public safety. This Block Grant Award
may be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant A ward and Special Conditions documents. If you have any
programmatic questions regarding this award, please contact BJA's Programs Office at
(202) 514-6638. In addition, all financial questions regarding this award should be
directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786.
I look forward to a continuing partnership with Virginia Beach City in furtherance of this
important criminal justice program.
Sincerely yours,
{).I~
Domingo S. Herraiz
Director
Attachments
.
COMMONWEALTH of VIRGINIA
Judges
ROBERT L. SIMPSON, JR.
VIRGINIA L. COCHRAN
THOMAS M. AMMONS, III
J. DALE BIMSON . .
PAMELAE.HUTCHENS
ALBERT D. ALBER I
W. EDWARD HUDGINS, JR.
2ND JUDICIAL DISTRICT
VIRGINIA BEACH GENERAL DISTRICT COURT
JUDICIAL CENTER
VIRGINIA BEACH, VIRGINIA 23456.9057
(757) 427-8531
Clerk of Court
ADRIAN K. GLATT
July 6, 2004
Community Criminal Justice Board
City of Virginia Beach
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Board Members:
It is with great excitement that I submit this grant request. The Virginia Beach General District
Court in partnership with the Virginia Beach Magistrates Office and the Virginia Beach Juvenile
and Domestic Relations Court is requesting grant funds of $63,555.31 to cover the expenses
associated with establishing a technologically enhanced training room to provide a variety of
training opportunities to the staff of our three offices.
The development of this traiIÙI1g facility within the courthouse will enable us to provide training
opportunities to approximately 130 employees locally. The inclusion of the video conferencing
equipment will also provide the opportunity to train with other localities around the state,
enhancing the types of training to be offered.
Since joining the General District Court team in September 2003, my one-on-one meetings with
the employees have demonstrated a desire by the staff to have more training provided. Both
General District Court and Juvenile and Domestic Relations Court have utilized several of the~
training opportunities offered by. the City of Virginia Beach Department of Human Resources,
such as Powerful Listening,..Quality Customer Service, and Myers Briggs. However, lack of
funding by the state prevents us from sending employees to costly training sessions throughout
the year. We have learned in the last six months that we will be conducting the basic clerk
training to all new employees in-house through the use of CD-ROMs, an experience we believe
to be less fulfilling than training conducted in an interactive environment. The estâblishment of
our training room, will allow us to provide the interactivity that benefits employees in their
development, especially the critical first few months of employment. Additionally, we are
fortunate to now have management staff with training backgrounds, including a Covey-certified
trainer, who are able to provide training to our staff.
Statistically, providing training to staff leads to a more productive work environment, a reduction
in turnover, and a more professionally satisfied employee population. Training also assists
employees with learning valuable skills that improves their job perfonnance, increases employee
self confidence, and ultimately enhances customer relations,
The mission of the General District Court is to provide quality customer service at all times, and
opemng the door to training opportunities for our staff will help us to achieve this mission. We
appreciate your consideration of our request.
Yours truly,
J\ I ~ 'CU'\- K Cè.. t\-
V;~:-alatt 0 .
Clerk of Court
City of -Virgi:r:l.ia. Beach
OFFICE OF COMMUNITY CORRECTIONS
COMMUNITY CORRECTIONS PROGRAM
(757) 427-4689
BESSIE B. BelL, COORDINATOR
JUDICIAL CENTER
BUILDING 108
2425 NIr.t.IO PARkWAY
VIRGINIA BEACH, VA 23456-9053
July 6, 2004
Robert Matthias, Chairman
Community Criminal Justice Board
2401 Courthouse Drive
VA. Beac~ VA. 23456
Re: Office of Community Corrections Law Enforcement Block Grant Proposal
Dear Mr. Matthias:
Please find enclosed a proposal from the Office of Community Corrections for use of
some of the Law Enforcement Block Grant Funds. The Program mission for Community
Corrections continues to be to provide, for the Courts in this jurisdiction, an alternative sanctions
program for both felon and misdemeanor offenders. Referred on a daily basis, these offenders
are expected to do community service, seek treatment for domestic violence or anger
management counseling, get substance abuse treatment, have urine screens, get psychological or
have psychiatric evaluations and treatment, marriage counseling, etc.
Offenders are referred on a daily basis and come into this Office to complete the Intake
process. They are sent to this Office by the Circuit, General Districts and the Juvenile and
Domestic Courts. These offenders are received by the receptionist. For FY04 to date, there have
been 1,722 new misdemeanor offenders and 140 new felon offenders. Other offenders are
received and referred to their case managers for on-going appointments also number into the
thousands. While the Program has an Administrative Secretary, she can not do it all and
complete her other duties for me as Coordinator and other staff.
We therefore remain in need of clerical support. The current DCJS Grant does not
provide for these positions, and while the City does provide the Program with some funding, it
does not include monies for positions.
Law Enforcement Block Grant Request
Page Two
This clerical support position also receives and processes telephones calIs from the
public, the courts, offenders and others. The Program is always in need of having someone to
service the front desk: and answer telephone calls. Case managers, the administrative secretary
and coordinator would otherwise have to fill in for this position.
We have continued to seek State funds for this position 10 no avail. We do know that in
the long run, another alternative will have to be sought.
Technology has not and cannot replace for us the need for a good competent receptionist.
We are therefore requesting assistance in funding this position. Our frugal request for this
funding cycle is for 2080 hours at $10.73 rendering a total of$22,318.40.
We thank you in advance for the Board's consideration in this matter. Should there be
any questions in these regards, please feel ftee to contact me at 427-4770 or 427-4689.
With Pride In Our City,
~ Ahj1~
BessieB. B~Ú"
Coordinator
Request for Mugshot Capture Station at Third Precinct
As the Third Precinct facility was being built, discussions were held to fund a mugshot
capture station through the CIP project. Unfortunately, funding was not available.
The new Third Precinct Facility has temporary holding cells to detain arrested persons for
up to two hours. The new facility also has video conferencing equipment to hold remote
magistrate hearings. A mugshot capture station would allow Third Precinct personnel to
process arrests using the department's records management system (pistol 2000) at the
precinct prior to taking them to the correctional facility at the Municipal Center. ,The
Second Precinct had had this ability for about two years. There is a prisoner processing
room in the facility where the mugshot capture stations would be located. There are
currently three mugshot capture stations for Pistol 2000 - Sheriff's booking area,
Forensics, and the Second Precinct. A total of 5,477 misdemeanor and felony charges
were filed in 2003 within the Third Precinct.
The cost of the capture station, software license, and peripherals is $15,700. There is an
ongoing annual license cost of $880. .
Reqnest for Alternative Forensic Light Source Kit (ALS)
ALS allow technicians to search crime scenes for trace evidence that cannot be seen by
the naked eye. Our current equipment includes a large laboratory model (sensitive and
difficult to transport) and several small flashlight size models. The small models lack. the
intensity and scope to search many scenes. The F AL2000 offers power, versatility, and
portability. Our goal is to eve~tua1ly have a kit in each vehicle.
Cost of the ALS is $3,995
Digital Camera Kit
FSU is upgrading the DC290s that were originally purchased with the digital system in
2002. The older, existing cameras require significant maintenance due to heavy use of
the camera. We are continuing to upgrade the technicians camera and pass the older 290s
. to crime scene officers, detective squads, etc where they are not used as frequently.
Cost of the camera is $800
Law Enforcement Training Academy (LETA)
The Sheriffs department is asking for funds to for the improvement of the law
enforcement training academy (LETA). This academy is a combined facility used to
train officers in the Sheriff's Department and Police Department. The facility provides
all law enforcement training with the exception of the firing range. In addition to the
field training, LETA also has a state of the art computer lab which is used to train
investigators in computer related crimes.
The cost of the Law Enforcement Training Academy is $41,090.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Authorizing the City Manager to Execute a Memorandum
of Understanding with Hampton Roads Squadron, the Association of
Naval Aviation, Inc. for the Placement of a Naval Aviation Memorial
on Public Property located at the 25th Street and Atlantic Avenue to
be Named Monument Park
MEETING DATE:
September 28, 2004
. Background: In October 1997, the Hampton Roads Squadron of the
Association of Naval Aviation, Inc. ("HRANA") proposed the creation of a world-class
monument to Naval Aviation in Virginia Beach to recognize the contributions of Naval
Aviation and the citizens of Virginia Beach to the defense of our nation. Members of
HRANA applied for and were granted tax-exempt status under IRS code and began a
long-term fund-raising campaign. As of this date, the organization has all of the funding
necessary for the project. No government expenditures have been involved in the fund
raising effort.
. Considerations: Virginia Beach and the surrounding area of Hampton Roads
represent the largest military complex in the United States. NAS Oceana and regional
supporting commands are the focal point for Naval Aviation. The first shipboard takeoff
was accomplished in the waters of Hampton Roads. Many aviators received their flight
training in the area and NAS Oceana continues to be the focal point of Naval Aviation.
Since 1891, the Norwegian Lady has stood as a monument to the wreck of the Dictator,
a Norwegian bark, en route to England on March 27, 1891. Oernulf Bast, one of
Norway's foremost sculptors, sculpted a bronze statue to replace the wooden
figurehead from the Dictator that was deteriorating from exposure to the elements.
Dedicated in 1962, one stands on our shores and an identical statue stands in Moss,
Norway, a sister city to Virginia Beach. The Sons of Norway have worked closely with
HRANA and its agents to develop a solution and a setting that is complimentary to and
maximizes the impact of each memorial without compromising or diminishing the other.
The HRANA monument proposes to display a variety of Navy wings and a series of
large bronze statues depicting naval personnel from various eras. A series of images of
Navy aircraft, ships that support them, and personnel who fly and maintain them will tell
the exciting story of Naval Aviation.
The architectural firm of Cox, Kliewer and Company based in Virginia Beach has been
selected as architects; James M. Sykes Construction Company, also of Virginia Beach,
has been chosen for construction requirements. Renowned sculpture artist, Michael
Maiden of Sandy, Oregon, will create the sculptures. The monument has been
designed to be a low maintenance structure. HRANA and its contractors will be using
strong and durable materials to counteract the effects of severe weather and other
stresses.
HRANA, in conjunction with the architectural and construction contractors, will maintain
oversight of the design and construction until completion. The monument will be
dedicated during a public ceremony and gifted to the citizens of Virginia Beach. It is
estimated that the project will be complete in May/June 2005 with the monument
dedication playing a major part in the City's Memorial Day celebration.
The City Staff and HRANA have worked with the City Attorney to prepare a
Memorandum of Understanding ("MOU") that sets forth the responsibilities and
obligations of the parties. A Summary of Terms outlining the major terms and
conditions of the MOU is attached to the Resolution.
. Public Information: Contact with all potential stakeholders who might be
concerned with the project was a vital consideration for HRANA. Members of HRANA
have met with numerous civic and business groups and held individual briefings with
various stakeholder groups. City Council was briefed on September 7,2004. Notice of
the Resolution will be handled through the normal agenda process.
. Alternatives: Numerous sites were considered for possible location of the
monument. HRANA determined that a suitable site on the Virginia Beach oceanfront
would provide maximum exposure for local citizens and visitors alike. Working closely
with City staff and local civic and community organizations has resulted in a pending
agreement to locate the monument on City property between Atlantic Avenue and the
Oceanfront at 25th Street. Other sites examined during the process were either too
small or lacked the visibility desired by the members of HRANA.
. Recommendations: It is recommended that City Council approve the
Resolution authorizing the City Manager to execute the MOU between the City and
HRANA and establishing the 25th Street park area as Monument Park.
.
Attachments: Resolution and Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: Chief Information Officer
City Manager: DS t . ~
Qp(~
1
2
3
4
5
6
7
8
9
10
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
HAMPTON ROADS SQUADRON, THE ASSOCIATION OF
NAVAL AVIATION, INC. FOR THE PLACEMENT OF A
NAVAL AVIATION MEMORIAL ON PUBLIC PROPERTY
LOCATED AT THE 25TH STREET AND ATLANTIC AVENUE
TO BE NAMED MONUMENT PARK
WHEREAS, the City expresses its wholehearted support and sincere
11
appreciation and admiration for our nation's military for their bravery in protecting America's
12
freedoms;
13
WHEREAS, the City, as home to the Master Jet Base at Naval Air Station
14
Oceana, recognizes and honors the rich Naval Aviation heritage that is an integral part of
15
the City's history and culture;
16
WHEREAS, Hampton Roads Squadron, The Association of Naval Aviation,
17
Inc. ("HRANA") proposes to construct and dedicate to the City, a Naval Aviation Monument
on public property located at the 25th Street Park to recognize the significance of Naval
18
19
Aviation's history and its relationship with the City;
20
WHEREAS, the City's Memorial Committee has determined that the public
property located at 25th Street and Atlantic Avenue is a proper location for the installation of
21
22
the Naval Aviation Monument and will properly honor the Naval Aviation community that
23
has served and continues to serve this City and the United States of America; and
24
WHEREAS, the City and HRANA's staff, together with the City Attorney, have
25
prepared a Memorandum of Understanding to memorialize their respective responsibilities
26
and obligations with terms and conditions mutually agreeable to all parties.
27
NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OFTHE CITY
OF VIRGINIA BEACH, VIRGINIA:
28
29
1.
That the City Manager is hereby authorized to execute the Memorandum of
30
Understanding between Hampton Road Squadron, The Association of Naval Aviation, Inc.
31
and the City for the construction and installation of a Naval Aviation Monument on public
property located at 25th Street and Atlantic Avenue in accordance with the Summary of
32
33
Terms attached hereto.
34
2.
That all actions of the City Manager, which are in conformity with the purpose
35
and intent of this Resolution are hereby approved.
36
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
37
VIRGINIA BEACH, VIRGINIA:
38
That upon completion of the Naval Aviation Monument and its dedication to
the City, the public property located at 25th Street and Atlantic Avenue shall be known as
39
40
"Monument Park".
41
Adopted by the Council of the City of Virginia Beach, Virginia, on the
42
day of
,2004.
43
44
45
46
47
48
49
50
51
52
53
54
55
56
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~-(.-~
City Attorne ffice
CA-9371
H :\GG\O&R\Proposed\Navymemorial.doc
R-2
PREPARED: 09/16/04
2
MOU between the City and
Hampton Roads Squadron, The Association of Naval Aviation, Inc.
City:
SUMMARY OF TERMS
City of Virginia Beach
Monument .,
Donor: Hampton Roads Squadron, The Association of Naval Aviation, Inc., a Virginia non-
stock corporation.
Monument
Design:
Premises:
Term:
A series of bronze sculptures on bases with story boards, approximately 14'3" x
18'3", depicting the history of naval aviation in Hampton Roads from the first aircraft
launch of Eugene Ely to the Modem Era together with other enhancements.
City property located at 25th Street and Atlantic A venue and encompassing the statute
of the Norwegian Lady (to be known as "Monument Park").
Commencing on date of execution of the MOD until construction of the Monument
is completed and dedicated to the City.
Responsibilities of Monument Donor:
.
Shall design, construct and install the Monument on the Premises, and shall pursue
completion thereof by December 31, 2005.
Shall secure all necessary permits required by federal, state or local statutes.
Shall require its general contractor to secure general liability insurance in amounts
and with coverage acceptable to the City and naming the City as an additional
insured.
Shall submit all specifications, designs, plans, and construction schedule of the
Monument and any enhancements to the Premises and the Norwegian Lady for
review and approval by the Resort Advisory Commission and the Memorial
Committee in accordance with Administrative Directive 3.21, as amended. The City
Council shall give the final approval of the design, construction plans and location
of the Monument.
Shall coordinate the construction schedule for the Monument through Convention &
Visitors Bureau, Resort Projects Coordinator.
Shall dedicate the Monument to the City upon completion thereof and acceptance by
the City.
Shall allow the City and its employees and agents upon the Premises to inspect the
construction and installation of the Monument.
Shall require its general contractor and subcontractors to indemnify the City.
.
.
.
.
.
.
.
Responsibilities of the City:
Maintenance:
Other Terms:
.
Shall make the Premises available to the Monument Donor for construction and
installation of the Monument.
.
The City shall perform day-to-day maintenance of the Premises.
The Monument DolIor shall perform long-term maintenance and capital repairs
and/or replacement of the Monument. If the Monument Donor fails to make the
necessary repairs or replacement, or fails to maintain the Monument so that the
Monument is no longer suitable for display on public property, the City may remove
the Monument. The Director of Public Works shall coordinate all Monument
maintenance, repairs or replacement with the Monument Donor.
.
.
The Monument Donor shall establish an Escrow Account in the amount of the
construction work associated with the installation of the Monument to ensure (i)
prompt payment for all material furnished or labor supplied or performed in the
prosecution of the construction work, and (ii) the faithful performance and
completion of the installation of the Monument in strict conformity with the terms
and conditions of the MOD. The Monument Donor shall enter into and Escrow
Agreement with the City outlining the obligations and duties with respect to the
Escrow Account.
The use of Monument Park will be handled by the City through the City's
Convention & Visitors Bureau, Resort Projects Coordinator.
Active duty units and personnel may reserve the use of Monument Park through
CVB, for up to 2 hours (per application), at no cost to the applicant, for award,
promotion, change of command and retirement ceremonies, and any military event
co-sponsored by the City.
.
.
Termination:
. The City may terminate the MOD for cause with 30 days written notice to the
Monument Donor.
F:\Users\ vv alldej\ WP\BZA INa vymemorial.trm. wpd
(ITV O¡ VI.RGINf.J1 ~¡.n(.u
COMMUNITY FOR A LIFETIME
Department of Public Works
Building Maintenance Division
Municipal Center
Virginia Beach, Virginia 23456-9041
Ph: (757) 427-4561 FAX: (757) 426-5675
Date:
September 21,2004
To:
David C. Sullivan, Chief Information Offi
From:
Chuck Davis, PW /Building Maintenan e
Subject:
Monumentto~aval1\viation
The application for the Monument to Naval 1\ viation has been reviewed and approved by the Memorial
Committee at the committee meeting on Monday, September 20. Prior to that approval, the
representatives from the Hampton Roads Aviation Association presented their plan for the Monument to
~aval Aviation to the Public Art Committee and the Virginia Beach Arts and Humanities Commission.
The Commission voted to approve the Monument at their meeting on September 2, 2004.
During the meetings with the Memorial Committee, the representatives from the Hampton Roads
Aviation Association advised the Memorial Committee that their Association was going to form a
foundation to provide funding for the maintenance of the sculptures, including vandalism, storm damage,
and cleaning. While the City of Virginia Beach will be responsible for the daily maintenance of the site,
including landscape maintenance, it is understood that the foundation for the Hampton Roads Aviation
Association would provide any funding and coordinate the repairs to the sculptures. This agreement
needs to be documented as outlined in Section 3.0 n of Administrative Directive 3.21.
Based on the approval of this memorial by the Virginia Beach Arts and Humanities Commission, and the
City's Memorial Committee, I am forwarding this to the City Manager's office with the recommendation
that the Monument to Naval 1\viation be considered for approval by the City Council.
mtp
attachments
c: Memorial Committee Members (w/out attachments)
E. D~an Block, Public Works
'ßáf1Îleen Hassen, City Manager's Office
VIRGINIA
BEP1CH
ARTS AND HUMANITIES COMMISSION
OFFICERS:
DEPARTMENT OF MUSEUMS AND CULTURAL ARTS
717 GENERAL BOOTH BOULEVARD
VIRGINIA BEACH, VA 23451
(757) 437-4870
FAX (757) 437-4976
www.vb~ov.comlarts
SHARON L. FRAIM
CHAIR
September 9, 2004
JOHN M. RYAN
VICE CHAIR
Mr. Charles Davis
Chair, Memorial Committee
City of Virginia Beach
2569 George Mason Dr.
Virginia Beach, VA 23456
WARREN E. SACHS
SECRETARY
KATHERINE K. KATSIAS
TREASURER
Dear Mr. Davis:
MEMBERS:
BEATRIZ AMBERMAN
After careful review by the Public Art Committee and the Virginia Beach Arts
and Humanities Commission, the Commission voted at its business meeting on
September 2,2004, to recommend approval to the Memorial Committee of the
Monument to Naval Aviation at 25th Street and Atlantic Ave.
SHED..A P. BRAITHWAITE
KATHLEEN M. CARTER
THOMAS A. FELTON, JR.
Sincerely,
MANUEL A. HIPOL
~ ~1vv4
ELLIOTI C. JONES
ROBERT N. MELArn
Emily Spruill
Cultural Arts Coordinator
M. JEAN RAWLS
DEPARTMENT STAFF:
cc: Sharon Fraim, Chair
EMILY L. SPRUILL
COORDINATOR
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Event
Shamrock Marathon
Norwegian Lady Ceremony
MS Walk
BWAS
Fil-Am Festival
Soul Music Festival
American Music Festival
Neptune Sandman Triathlon
Neptune BW Weekend
VA VRS Parade
Neptune Grand Parade
Shriners Parade
Light the Night
Walk for Hope
Screech Street
Holiday Parade
Holiday Lights
Beach Street USA
Events scheduled for 25th St. Park in 2004
Month Activity
March Northem sidewalk is transition area from BW to AA
March Memorial Ceremony in grassy and statue areas
April Assembly area for star/finish ofBW walk w/ tenting
June Sponsor and support
July Entertainment and vending with tenting
August Entertainment and vending with tenting
Aug-Sept. Entertainment
Sept. Transition area
Sept. Cheerleading Competition with large stage
Sept. Review Stand (pavers west of park)
Sept. Review Stand (pavers west of park)
Sept. Review Stand (pavers west of park)
October Assembly area for start and fuúsh ofBW walk
October Assembly area for start and finish ofBW walk
October Children's event with tenting
November Review Stand (pavers west of park)
November-Jan. Light Displays
May-Aug.-6days Staged Drama
Estimated Attendance to specific venue
5000-transit through area
50
2500
10,000 throughout day
1000 throughout 2-day period
1000 throughout 2-day period
2500 daily (4 day festival)
800
2500 over 1 day event
25
50
75
500
300
500
50
NA
200 nightly (3 shows per night)
L.
M.
PLANNING - NO ACTION
1.
Application of DR. ROBERT D. VOOGT for a Conditional Use Permit for a facility
for tbe disabled at Old Donation Parkway and First General Parkway.
(DISTRICT 5 - L YNNHA VEN)[This item was deferred by the Planning Commission]
PLANNING
1.
Application of THERESA M., GRUBBS for a freestanding mobile home on her
property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road.
(DISTRICT 7 - PRINCESS ANNE)
2.
Application of HOW ARD HOLZMACHER for a Conditional Use Permit for
firewood preparation at 3308 Heffington Drive.
(DISTRICT 7 - PRINCESS ANNE)
3.
Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.c. to
construct two (2) single family residenses at Holland Road and Litchfield Way:
(DISTRICT 7 - PRINCESS ANNE)
a.
Change of Zoning District Classification from AG-l and AG-2 Agricultural
Districts to R-20 Residential District
b.
Variance to § 4.4(b) ofthe Subdivision Ordinance that requires all newly created
lots meet all the requirements of the City Zoning Ordinance (CZO).
4.
Petition for a Variance to § 4.4(b) to the Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City Zoning Ordinance (CZO) for JANE
and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to
accommodate two detached single-family dwellings.
(DISTRICT 5 - L YNNHA VEN)
5.
Application ofSAIR ENTERPRISES for a Modification of Conditional Use Permits
approved by City Council on March 14, 1966 and December 12, 1983 (Harry L.
Partridge) to construct a new auto service station and convenience store at 6016 Indian
River Road.
(DISTRICT 1 - CENTERVILLE)
6.
Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for motor
vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL)
THE BEACON
SUNDAY, SEPTEMBER 12,2004
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
Municipal Center, 2401 Courthouse Drive, Tuesday, September 28,
2004, at 6:00 p.m. The following applications will be heard:
DISTRICT 5 - LYNNHAVEN
1. .
Dr. Robert D. Voogt Application: Conditional Use Permit for a facility
for the disabled on the south side of Old Donation Parkway. .
DISTRICT 3 - ROSE HALL
2.
Enterprisè Rent-A-Car Application: Conditional Use Permit for motor
vehicle rentals at 141 Spruce Street.
DISTRICT 7 - PRINCESS ANNE.
3.
Howard Holzmacher Application: Conditional Use Permit for a fire-
wood preparation facility at 3308 Heffington Drive.
4.
Chesapeake Atlantic Development Group, L.L.C. Application: Chane:e
of Zoning: District Classification from AG-1 and AG-2 Agricultural to R-20
Residential on the east side of Holland Road. The Comprehensive
Plan designates this site as being part of the Primary Residential Area,
suitable for appropriately located suburban 'residential and non-resi-
dential uses consistent with the policies of the Comprehensive Plan.
5.
Appeal to Decisions of Administrative Officers in regard to certain ele-
ments of the Subdivision Ordinance, Subdivision for Chesapeake
Atlantic Development Group, L.L.C. on the east side of Holland Road.
DISTRICT 5 - LYNNHAVEN
6.
Appeal to Decisions of Administrative Officers in regard to certain ele-
ments of the Subdivision Ordinance, Subdivision for Jane and Win-
throp Short at 208 and 210 75th Street'
DISTRICT 1- CENTERVILLE .
7.
Sair Enterprises Application: Modification of a Conditional Use Permit
approved by City Council on March 14, 1966 (Harry L. Partridge) at
6016 Indian River Road .
CITY OF VIRGINIA BEACH
8. .
Ordinance to amend Section 901 of the City Zoning Ordinance to
require Conditional Use Permits for multi family dwellings in B 4 Resort
Commercial.
All interested citizens are invited to attend.
Ruth Hodges Smith, MMC
City Clerk
If you are physically disabled or visually impaired and need assis-
tance at this meeting, please call the CITY CLERK'S OFFICE at
427-4303. Hearing impaired, call: TOD only at 427-4305. (TOD-
Telephonic Device for the Deaf).
Copies of the proposed ordinances, resolutions and amendments are
on file and may be examined in the Department of Planning. For
information call 427-4621. .
The Planning Commission Agenda is available through the City's Inter-
net Home P.age at :
htto:/ /www.vbE!ov.com/deot/olanning:/current!plannine:/default.asp
Beacon Sept. 12 & 19 11972098
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Dr. Robert D. Voogt - Conditional Use Permit (facility for the disabled)
MEETING DATE: September 28,2004
.
Background:
An Ordinance upon Application of Dr. Robert D. Voogt for a Conditional Use
Permit for a facility for the disabled on property located on the south side of Old
Donation Parkway, approximately 130 feet west of First General Parkway (GPIN
24084334511853 - portion of). DISTRICT 5 - L YNNHA VEN
.
Considerations:
This item was deferred by the Planning Commission on September 8, 2004. No
action necessary.
Recommended Action: No action necessary.
Submitti ng Departmentl Agency: Planning Departmen~
CIty Manager: ~ \<. . ~ ~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Theresa M. Grubbs - Application for a freestanding mobile home in the
Agricultural Districts
MEETING DATE: September 28,2004
.
Background: An application by Theresa M. Grubbs to place a freestanding
mobile home on her 60-acre property zoned Agricultural at 5140 Blackwater
Road (GPIN 13990676130000). DISTRICT 7 - PRINCESS ANNE
. Considerations: Section 19-19 of the City Code allows agricultural property
owners to have one freestanding mobile home in addition to a primary
residence where the following conditions are met:
1. The mobile home must be located on the same parcel as the principal
residence and it must be placed to the rear or side of the principal
residence. The mobile home must meet all required setbacks.
2. The mobile home is not located within 400 feet of any other existing
residence.
3. The Department of Planning shall notify all adjoining property owners of
the application and allow them 15 days to object to the proposal.
4. The Department of Public Health must review and approve the proposed
method of sewage disposal for the mobile home.
5. The freestanding mobile home shall only be occupied by a member of
the immediate family of the resident of the principal dwelling on the
parcel and only one family can occupy the mobile home.
6. If the Planning Department receives any objection from adjoining
property owners, the Planning Department must forward the request to
City Council. If no objections are received, the Planning Department
shall issue a permit for the mobile home.
Ms. Grubbs desires to place a mobile home on her property and allow her
grandson and family to live in the mobile home and help care for her as she
ages. Ms. Grubbs indicates in her letter of application that she is 80 years
old and that her grandson and his family are a great help to her.
The submitted site plan shows that the mobile home meets all setbacks
and will be located approximately 660' back from Blackwater Road. A 28' by
80' (2,240 sq. ft.) doublewide mobile home is proposed. The closest
residence is approximately 430' to the northwest.
City of Virginia Beach - Red Wing Golf Course
Page 2 of 2
The Planning Department notified 14 adjacent property owners and
received objection from four of these neighbors. Copies of the objection
forms from the four neighbors are attached. All adjoining neighbors have
been notified that Ms. Grubbs' application will be heard by the City Council
on September 28th.
. Recommendations: The Planning Department recommends approval of
this request subject to the conditions listed below. The proposal meets the
requirements of Section 19-19 of the City Code and will allow Mrs. Grubbs
to remain in her home, the principal dwelling on the site, while being cared
for by her grandson and his family. If approved, the following conditions
should be required:
1. Health Department approval is required prior to issuance of a building
permit for the mobile home.
2. The mobile home may be occupied only by members of the owner's
family.
3. The location of the mobile home shall substantially adhere to the
submitted site plan.
4. All building code requirements must be met.
.
Attachments:
Disclosure Statement
Location Map
Site Plan
Forms from Opposing Neighbors
Letter from Mrs. Grubbs
Recommended Action: Approval
Submitting Department/Agency: Planning Department
City Manager: T l.~
~
23
24
25
26
1
2
3
4
5
6
7
8
at
5140
A RESOLUTION TO
FREESTANDING MOBILE
PROPERTY LOCATED
BLACKWATER ROAD
ALLOW A
HOME ON
AT 5140
WHEREAS,
Theresa M. Grubbs,
the owner of property located
Blackwater
Road,
in
the
and AG-2
Agricultural
AG-1
9
Zoning Districts
has made application to the
(the "Property"),
10
Department of Planning to allow the placement of a freestanding
11
mobile home on the Property; and
12
13
mobile
WHEREAS,
City Code Section 19-19
freestanding
allows one
home
be
located
agriculturally-zoned
to
land
if
on
14
certain conditions are met, to-wit:
15
16
17
18
19
20
21
22
(1)
The mobile home is located to the rear or side and on
the same lot or parcel with a principal residential
building,
all
dimensional
requirements
two
(2 )
for
dwellings are complied with, and the required yards or
open
of
are
not
the
principal
dwelling
space
encroached upon;
(2)
The mobile home
is
not
loca ted wi thin four hundred
(3)
feet (400') of any other residence existing at the
time application is made to locate the mobile home;
The immediately adjoining property owners and those
directly across the fronting street shall be notified
of the application;
44
45
46
47
48
49
27
(4 )
The method of sewage disposal for such mobile home is
28
approved by the Health Department;
29
(5 )
The mobile home shall not be occupied by anyone not a
30
member
of
the
immediate
family
resident
in
the
31
principal
dwelling
the
lot
parcel
and
such
on
or
32
mobile home shall not be occupied by more than one (1)
33
family; and
34
(6) In the event there is an obj ection from persons set
35
forth in Paragraph (3) above, the City Council, rather
36
then
the
Planning
Department
must
approve
or
37
disapprove the application; and
38
the
WHEREAS,
applicant
desires
to place
the
mobile home
39
upon her property in order to allow her grandson and his family
40
to live in the mobile home and help care for her; and
41
WHEREAS, the Planning Department has received objections to
42
the
persons
application
from
four
of
the
referred
to
in
43
Paragraph (3) above, such that the City Council must approve or
disapprove the application.
NOW,
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the application to allow one freestanding mobile home
on
the
hereby
located
property
Blackwater
at
5140
Road
is
approved, subject to the following conditions:
2
50
(1 )
sewage
Health Department
approval
of
the
method
of
51
disposal for such mobile home shall be required prior
52
to issuance of a building permit for the mobile home;
53
(2 )
The mobile home shall be occupied only by members of
54
the immediate family of the property owner, Theresa M.
55
Grubbs;
56
(3 )
substantially
The
location of
the mobile home
shall
57
adhere to the submitted site plan; and
58
(4 )
at
The
freestanding mobile home
shall
all
times be
59
maintained in compliance with all applicable building
60
code and other requirements and regulations.
61
62
Adopted by the Council of the City of Virginia Beach,
63
Virginia, on the
, 2004.
day of
CA-9375
OID/ordres/mobilehomeres.doc
R-2
Prepared: September 14, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Ju ~ fl! /4d.
City Attorney's Office
3
Mo
Map H-20
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-------
Department of Planning
Zoning Administration Division
Operations Building, Room 1 00
Virginia Beach, Virginia 23456
.;'
Re: Request for a free-standing mobile home at
5140 Blackwater Road
Virginia Beach, Virginia
~e~do not) object to the free-standing mobile home that is requested by Theresa
Grubbs at 5140 Blackwater Road, Virginia Beach, Virginia 23457.
i,~ II M,~
Signature ~"1.... ~. ,"",' ,
Address S- / °8 J31~A'bv~ /J
6.- 30 -D{i
Date
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Department of Planning.
Zoning Administration Division
Operations Buiiding, Room 100
Virginia Beach, Virginia 23456
i'
Re: Request for a free-standing mobile home at
5140 Blackwater Road
Virginia Beach, Virginia
IØ~(dO not) object to the free-standing mobile home that is requested by Theresa
Gru bbs at 5140 Blackwater Road. Virgin ia Beach. Vi r~ ~ A. ~ r .
Signature ~I ~ .¿fn/
. Address 5/ð I{ fjLl/Ck.tvli-Téf. .~ !...--1
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Date
:,
Department of Planning
Zoning Administration Division
Operations Building, Room 100
Virginia Beach, Virginia 23456
Re: Request for a free-standing mobile home at
5140 Blackwater Road
Virginia Beach, Virginia
l/weQdo not) object to the free-standing mobile home that is requested by Theresa
GrubBirt 5140 Blackwater Road, Virginia Beach, Virginia 23457.
{) 0 DBStZ:( #
Signature
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Date
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Address
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---
Department of Planning
Zoning Administration Division
Óperations Building, Room 100
Virginia Beach, Virginia 23456
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AUG 2 3 2004
City of Virginia Beach
Permits and 'InspecUons
Re: Request for a free-standing mobile home at
5140 Blackwater Road
Virginia Beach, Virginia
I/we (~Object to the free-standing mobile home that is requested by Theresa
Grubb;'~~lackwater Road, Virginia Beach, Virginia 23457.
1- de ~ -ec.f
Signature
, Address
Date
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AG-[
œ DATE I REQUEST I ACTION
1 02/26/93 Conditional Use Permit for an outdoor recreational
facility (Splat Attack). Withdrawn
2 03/14/00 Conditional Use Permit for 150 feet monopole. Granted
,..,::;~~iÃ~~/),
~~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Howard Holzmacher - Conditional Use Permit (firewood preparation
facility)
MEETING DATE: September 28, 2004
.
Background:
An Ordinance upon Application of Howard Holzmacher for a Conditional Use
Permit for a firewood preparation facility on property located at 3308 Heffington
Drive (GPIN 14836300990000). DISTRICT 7 - PRINCESS ANNE
.
Considerations:
The applicant is requesting a Conditional Use Permit for a firewood preparation
facility. This is a seasonal operation from the months of October until February.
The hours of operation are 8 AM. until 5 P.M., Monday through Saturday. There
will be two employees during the operation of the firewood preparation facility.
The firewood is available for delivery or pick up. Deliveries are made with a pick-
up truck.
This application is the result of a Notice of Zoning Violation that the applicant
received for existing firewood for sale located on the property.
This use is compatible with the existing surrounding agricultural uses. The
firewood location is to the rear of the property and hidden by the existing
buildings and trees.
The Planning Commission placed this item on the consent agenda because they
concluded the use is appropriate and compatible with the surrounding area.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The limits of the firewood preparation area shall be confined to the
designated locations depicted on the submitted plan entitled Site Plan for
Howard Holzmacher dated 5/14/04.
Howard Holzmacher
Page 2 of 2
2. The hours of operations shall be from 8:00 AM. until 5:00 P.M. Monday
through Saturday.
3. The storage height of firewood shall not exceed 20 feet.
4. Noise from equipment for firewood preparation shall be limited to hours of
operation.
.
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:~ ~,~ ~
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G14-210-CUP-2004
HOWARD HOLZMACHER
Agenda Item # 5
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
Conditional Use Permit for firewood preparation facility,
Property
located at
3308
Heffington
Drive.
Howard Holzmacher
ì"'~>\,!¡ .
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M. Not '° So.i.
14836300990000
7 - PRINCESS ANNE
HOWARD HOLZMACblER
Agenda Item'!# 5
Page 1
SITE SIZE:
4.903 acres
EXISTING
LAND USE:
The property is zoned AG-1 and AG-2 Agricultural Districts.
SURROUNDING North:
LAND USE AND South:
ZONING:
East:
. Wooded / AG-1 and AG-2 Agricultural Districts
. Heffington Drive, rural residential single-family /
AG-1 and AG-2 Agricultural Districts
. Rural residential single-family, North Landing Road
/ AG-1 and AG-2 Agricultural Districts
. Rural residential single-family / AG-1 and AG-2
Agricultural Districts
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The subject area has mature tree stands along the north and west
perimeter of the property.
AICUZ:
The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Oceana and NALF Fentress.
Summary of Proposa
The applicant is requesting a Conditional Use Permit for a firewood preparation facility.
This is a seasonal operation from the months of October until February. The hours of
operation are 8 A.M. until 5 P.M., Monday through Saturday. There will be two
employees during the operation of the firewood preparation facility. The firewood is
available for delivery or pick up. Deliveries are made with a pick-up truck.
This application is the result of a notice of zoning violation that the applicant received for
existing firewood for sale located on the property.
HOWARD HOLZMACHER
Agenda Item # 5
Page 2
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 to the surrounding land uses.
Comprehensive Plan
The Comprehensive Plan Map identifies this site to be within the Princess Anne
(formerly the Transition Area). Development within this area should be designed around
the natural features of the site. The existing character of the area must be protected at
all times from inappropriate land use intrusion that does not provide a legitimate
purpose to the surrounding community.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. This use would be
compatible with the existing surrounding agricultural uses. The firewood location is to
the rear of the property and hidden by the existing buildings and trees.
Staff, therefore, recommends approval of this request.
HOWARD HOLZMACHER
Agenda Item # 5
Page 3
Conditions
1. The limits of the firewood preparation area shall be confined to the designated
locations depicted on the submitted plan entitled Site Plan for Howard
Holzmacher dated 5/14/04.
2. The hours of operations shall be from 8:00 A.M. until 5:00 P.M. Monday through
Saturday.
3. The storage height of firewood shall not exceed 20 feet.
4. Noise from equipment for firewood preparation shall be limited to hours of
operation.
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.
HOWARD HOLZMACIiER
Agenda Item;Ji:f 5
Pa;ge4
Supplemental Information
Zoning History
Map G-14
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[]] DATE I REQUEST
1 02/26/93 Conditional Use Permit for an outdoor recreational
facility (Splat Attack).
2 03/14/00 Conditional Use Permit for 150 feet monopole.
I ACTION
Withdrawn
Granted
HOWARD HOLZMACniER
Agenda Item~# 5
PagE! 5
Public Agency Comments
Public Works
Master Transportation
.E!an (MTP):
Heffington Drive is a two-lane residential dead end
street connecting to North Landing Road. There are no
planned facility improvements in this area at the current
time.
North Landing Road is a two lane minor suburban
arterial.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Heffington Not Not Existing Land Use ;¿
Drive available available - 50-60 ADT
Level of Level of
North Landing Service C - Service C - Proposed Land
Road 10,044 13,600 Use 3 - No data for
ADT1 ADT1 this proposed use.
Average Dally Tnps
2 as defined by rural/residential
3 N/A
Public Utilities
~er / Sewer: No water and sewer services are required for the proposed use.
Public Schools
~ Not applicable
Public Safety
l..E2Jjce:
I Not applicable for the proposed use.
Fire and Rescue:
This application shall comply with Sections 315.3 Outside
Storage, 315.3.1 Storage beneath overhead projections
from buildings and 315.3.2 Height of the International Fire
Code.
HOWARD HOLZMACHER
Agenda Item'# 5
Page 6
Exhibit A
Aerial of Site
Location
HOWARD HOLZMAGHER
Agenda It 5
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Proposed Site
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HOWARD HOLZMA
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Exhibit C
Firewood
Photograph
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Agenda ftem':# 5
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APPLICANT DISCLOSURE
lIthe applicant Is a cOIporation. partnm.hlp. lírm, business. or othe, u"incoll>ocotcd
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j list tM apollCan! flUm" lo!loworl by tho namos of 1111 oflìcms, membms. Iruale"s
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PROPERTY OWNER DISCLOSURE
(;cmp!a!o IlIi" "!';iI,'" ""I, ;/ i}(,polly (',,'I1m ,., r!rli,m,nt from ,'ppl.c",,1.
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
LiBt ail known r.ontracIOfS or blfslnnsM)S thaI hav" Of will plo.id" OClV;ClJO wilil resl""'1
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Item #5
Howard Holzmacher
Conditional Use Pennit
3308 Heffington Drive
District 7
Princess Anne
August 11,2004
CONSENT
William Din: The next item is Item #5 Howard Holzmacher. This is an application of
Mr. Holzmacher for a Conditional Use Permit for a firewood preparation facility on
property located at 3308 Heffington Drive in the Princess Anne District. Is there a
representative for this application? If not, we can still proceed I believe. Is there any
opposition to placing this on consent? There are four conditions with that application.
Mr. Knight, would you like to comment on this one?
Barry Knight: Okay. The applicant is requesting a Conditional Use Permit for a
firewood preparation facility for a seasonal operation through the months of October
through February. Operations will be 8:00 in the morning until 5:00 p.m. This is a piece
of property as you see off of North Landing Road, totally surrounded by woods. There is
an electrical business back there plus a cell tower. They want to cut firewood as
previously stated in certain months of the year. We feel like and there are no complaints.
No one is in opposition here. We feel like this is an appropriate use of the land. So we
placed it on the consent agenda.
-
William Din: Thank: you Barry. I'd like to make a motion to approve Item #5 Howard
Holzmacher. This is an application for a Conditional Use Permit for firewood
preparation facility at 3308 Heffington Drive in the Princess Anne District with four
conditions.
Dorothy Wood: Thank: you sir. Do I have a second? Mr. Knight seconded it.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
NAY 0
ABSENT 0
ABSO
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board.
Zoning History
[!] DATE I REQUEST I ACTION
1 OS/25/99 Change of Zoning (AG-1 & 2 Agricultural District to Granted
R-10 Residential District
2 09/09/85 Change of Zoning (AG-2 Agricultural District to R- Granted
5 Residential District
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Chesapeake Atlantic Development Group, L.L.C. - Change of Zoning
District Classification and Subdivision Variance
MEETING DATE: September 28, 2004
.
Background:
An Ordinance upon Application of Chesapeake Atlantic Development Group,
LLC. for a Chanqe of Zoninq District Classification from AG-1 and AG-2
Agricultural Districts to R-20 Residential District on property located on the east
side of Holland Road, approximately 300 feet south orUtchfield Way (GPIN
24040429590000). The Comprehensive Plan designates this site as being part of
the Primary Residential Area, suitable for appropriately located suburban
residential and non-residential uses consistent with the policies of the
Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Chesapeake Atlantic Development
Group, LLC. Property is located on the east side of Holland Road,
approximately 300 feet south of Litchfield Way (GPIN 24040429590000).
DISTRICT 7 - PRINCESS ANNE
.
Considerations:
The applicant is proposing to rezone a 1.26-acre site to R-20 Residential District
for the purpose of constructing two (2) single-family dwellings. The property is
currently zoned AG-2 Agricultural District and, as such, there is not enough
acreage to meet the requirements for the construction of two (2) home sites.
Although the site has well above the minimum acreage requirement of 40,000
square feet (20,000 for each lot) for the R-20 District, the site is deficient in lot
width for the construction of two single-family homes. Lot width for the R-20
District is 1oO feet at the front yard setback. The existing site has approximately
148 feet of width at the front yard setback. The proposed subdivision creates two
lots with 115 feet of lot width (Parcel A-3) and 25 feet of lot width (Parcel A-4),
thereby necessitating a Subdivision Variance for lot width for the proposed Parcel
A-4. Ingress and egress to the site will be via an existing, paved, 2O-foot wide
maintenance and access easement for the stormwater management facility
adjacent to the site. According to the plat, this access has been dedicated to the
City and may be used by Parcel A-1 or any future lots created from Parcel A-1.
In addition, the note on the plat requires that this access not be gated or blocked
by fence or gate.
Chesapeake Atlantic Development Group, LL.C.
Page 2 of 2
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve the requests, as proffered and with the following conditions:
1. There shall be only one (1) ingress/egress permitted for the use of both
Parcel A-3 and A-4. This limited ingress/egress shall be the existing 20-
foot wide maintenance and access easement as identified on the Plan
entitled, "EXHIBIT FOR SUBDIVISION OF PARCEL A-1, LAURA
COOPER ADAMS TRUST," prepared by NDI, LLC., Basgier and
Associates Division, dated May 27,2004, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
(;)
2. A Cross Access Easement Agreement meeting the condition above for
the use of Parcel A-3 shall be provided with the final plat that shall be
submitted to the Planning Department / Development Services Center for
review.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: PIano; n9 Department~~
City Manager:~ l.~6V>'z.
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\~;~~~4 ~~APEAKE ATLANTIC DEVELOPMENT
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;':'Lt,;:;.;:';:~~ G R 0 UP, L L C
Agenda Items # 3 & # 4
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 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:
(3) Chanqe of Zoninq District Classification from AG-1 and AG-2
Agricultural Districts to R-20 Residential District
(4) Subdivision Variance to Section 4.4 (B) of the Subdivision
Ordinance for lot width,
LOCATION:
Property located on
East side of Holland
Road, north of S1.
John's Baptist Church.
GPIN:
24040429590000
CHESAPEAKE ATLAtirlC
Agenda Items # 38fJ¡~'# 4
Bâge. 1
COUNCIL
ELECTION
DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
1.2624 acres
EXISTING
LAND USE:
Single-family dwelling
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
West:
. Single-family dwellings / R-1 0 Residential District
. Holland Road, single-family dwellings / R-1 0
Residential District
. Church / AG-2 Agricultural District
. Single-family dwellings / R-1 0 Residential District
NATURAL
RESOURCE
AND
CULTURAL
FEA TU RES:
The site is vacant with grass cover and is within the Southern
Watersheds Management Area. There are no significant
environmental features on the property.
AICUZ:
The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceana.
Summary of Proposa
The applicant is proposing to rezone a 1.26 acre site, to R-20 Residential District, to
construct two (2) single-family dwellings. The property is currently zoned AG-2
Agricultural District and, as such,
there is not enough acreage to
meet the requirements for the
construction of two (2) home
sites. Although the site has well
above the minimum acreage
requirement of 40,000 square
feet (20,000 for each lot) for the
R-20 District, the site is deficient
in lot width for the construction
of two single-family homes. Lot
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CHESAPEAKE ATLANTIC
Agenda Items # 3 &!ii~4
Page 2
width for the R-20 District is 100 feet at the front yard setback. The existing site has
approximately 148 feet of width at the front yard setback. The proposed subdivision
creates two lots with 115 feet of lot width (Parcel A-3) and 25 feet of lot width (Parcel A-
4), thereby necessitating a Subdivision Variance for lot width for the proposed Parcel A-
.4. Details of the relevant dimensional requirements for the proposed lots are provided
in the table below. Ingress and egress to the site will be via an existing, paved, 20 foot
wide maintenance and access easement for the stormwater management facility
adjacent to the site. According to the plat, this access has been dedicated to the City
and may be used by Parcel A-1 or any future lots created from Parcel A-1. In addition,
the note on the plat requires that this access not be gated or blocked by fence or gate.
l1em Reauired Lot A-3 Lot A-4
Lot Width in feet 100 115 25*
Lot Area in square feet 20,000 21,390 33,599
*Variance required
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 and consistency with surrounding land uses and zoning as well as
the recommendations within the Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan recognizes this property as being within the Primary
Residential Area. The primary objective for this area is the preservation and protection
CHESAPEAKE ATLANTIC
Agenda Items # 3 &.;:;# 4
Page 3
of the overall character, economic value and aesthetic quality of the stable
neighborhoods within the Primary Residential Area.
Staff Evaluation
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
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.
E.
Staff recommends approval of the Change of Zoning request and the Subdivision
Variance request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses the 'Major Issue' identified above. This infill site
is of an unusual depth and one can make an argument that the current zoning on the
property is not appropriate as this piece, at this size, in this location would not be
suitable for typical agricultural activities. The existing agriculturally zoned parcel is not of
adequate size to offer any economic value to someone interested in farming in this part
of the City. The transition from agricultural to residential has occurred throughout the
CHESAPEAKE ATLANTIC
Agenda Items # 3 ~¡~ 4
PageA
Holland Road corridor over the past decade. For whatever reason, this site was not
included in any previous request for rezoning. The site is more than adequate in size to
be divided into R-20 lots. The site is, however, deficient in lot width. There is an
established arrangement of land uses, similar in character to this request, adjacent to
. this property. The proposal is complementary in terms of use, density, and setbacks
with the existing single-family subdivisions to the north, west and across Holland Road
to the south. This proposal is also compatible with the church to the southeast.
Staff, therefore, recommends approval of these requests, with the following conditions
recommended for the Subdivision Variance.
Conditions
1. There shall be only one (1) ingress/egress permitted for the use of both Parcel A-
3 and A-4. This limited ingress/egress shall be the existing 20-foot wide
maintenance and access easement as identified on the Plan entitled, "EXHIBIT
FOR SUBDIVISION OF PARCEL A-1, LAURA COOPER ADAMS TRUST,"
prepared by NDI, L.L.C., Basgier and Associates Division, dated May 27,2004,
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department.
2. A Cross Access Easement Agreement meeting the condition above for the use of
Parcel A-3 shall be provided with the final plat that shall be submitted to the
Planning Department / Development Services Center for review.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable City Codes.
CHESAPEAKE ATLANTIC
Agenda Items # 3 & # 4
Page 5
Supplemental Information
Zoning Historv
"
'(
t
t
[[] DATE I REQUEST I ACTION
1 OS/25/99 Change of Zoning (AG-1 & 2 Agricultural District to R-1 0 Granted
Residential District
2 09/09/85 Change of Zoning (AG-2 Agricultural District to R-5 Granted
Residential District
CHESAPEAKE ATLAN\fIC
Agenda Items # 3 &;1# 4
Page 6
Public Agency Comments
Public Works
Master Transportation
Plan (MTP):
Holland Road in the vicinity of this application is a two
(2) lane collector facility. No projects are programmed
to improve this section of Holland Road immediately in
front of this site. Traffic volumes on this section of the
roadway will be significantly reduced as a result of
future improvements associated with Nimmo Parkway
Phase V-A, CIP 2-121, and Holland Road Phase VI,
CIP 2-158 projects. These projects are not anticipated
for completion until mid-2008.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Existing Land Use "-
12,715 11,000 -10 ADT
Holland Road ADT' ADT'
Proposed Land
Use 3 - 22 ADT
Average Dally Trips
2 as defined by agricultural use with one (1) single-family dwelling
3 as defined by two (2) single-family dwellings
Public Utilities
Water:
There is a 12 inch City water main in Holland Road. This site must
connect to Cit water.
Sewer:
There is a six (6) inch sanitary sewer in Holland Road. This site
must connect to City sanitary sewer. An analysis of the pump station
(#627) may be required to ensure that 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
Throu h Environmental Desi n CPTED) concepts and
CHESAPEAKE ATLANTIC
Agenda Items # 3 &# 4
Page 7
lfire and Rescue:
I strategies as they pertain to this site.
I Adequate - no further comments.
CHESAPEAKE ATLANTIC
Agenda Items # 3 & # 4
Page 8
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APPLICANT DISCLOSURE
IS a œrporð"'m, pmtM!$I'i¡1, firm t~M"Hits cr dh\!r ""i"mrW'Ng,
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0 (;h<!ek horo ii Ih", apphcaot ìs NOT a œrpomliün, pmlnership, HIm, b\l$ìrw~s, or
nlhor uni!WQrt)ot;1!,)( o'çan,zat<on
PROPERTY OWNER DISCLOSURE
Comp/l)/o 11>1" $!1G/ioll oniy if PtOl'm/Y OW"", i~ cIlff(>fent !mm <>ppJ,'il"l
If tho pmpmly owner is a corporation, j:\¡¡r!Mrshi", '"tn, businl)$S, ", oí!w.,
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APPLICANT DISCLOSURE
If the <lpplìcant is a CorporatiOr'. I>artnemhip, firm, b"5,nO5$, or ()ther un;n(;orpor<lted
œifimizillion, CùmplOIO t!1f) fo!kJwing:
1. Ust the applicant n1lm" fo!ÄYNed hy the nmnes of ¡¡II olllrx,r$, member;;. trustee",
partners. otc, below: (Attaclt lisl if necosS8lY)
Che$apeake Atlantic Development Group, LLC., a Virginia limited liability company:
Carl R. Varhlow, Manager, Roland Vorblow. Conrad Várblow, Heidi Varblow.
Members
2. List all businesses that have a parent-subsidiary' or aŒ1ialed business entlly2
relationship with the apphcant: (A!lar:/t list if t!flCOSS£lry)
0 Check hmo ¡ftho applicant is NOTa corporation, partnership, firm. busin€l$S, or
othHr unincorporatoo organization.
PROPERTY OWNER DISCLOSURE
Comfit"!,, 11115 SOGtíon only if prof10lty owner is rIme/'),!! (ltyn nl'p!ic,¡nr.
If !hB proper1y owner is a corporalìon. partnership, lio". business, or other
unincDiporater! Of\janizahün. comp!'"te the followin\j:
I. List the property owner name loHowed by tho names 01 (III officers, 11\61111:or5.
trustees, pmtnors. ü!G below: (Al/lIcll list if necessary)
2, tiSt all businesses that h(lvo (l1>aront-subsidi¡lry' or affillalM tJU$iJ)oss onlilY<
rdat'l)[\5hip with tho (lpplìcant: (Ai/del! list if I1Qc{¡ssary)
0 CheGk hore If tho propo'ly owt\ør is NOT II corporation. parlnership. firm, bus,nf:ss,
01 olher IJl1ulcorporated orqanizalion.
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Ust all known <;ontractors or husinHs,;"s !Ilat h¡we or will provide ~erviCf):\ Valll ,ù,~pc-:.t
to Iho mqu,,:.¡tüd property US,,,, inclm )nq but "ot "n¡¡!Or! 10 II", ¡Hov¡'lers 01 ,¡rd,i«)d'if.;1
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$ervice~: (Altach list II nCC/;$sary)
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corporation directly or indir€lGlly owns shams pc)RSiJ5sinq mO1O II"", !in I)"rcént oi the
\lnUng power of another corporation.' SeCt Stato and Local Government C"nliict pI
Into",sls Act. Va. Code § 2.2-;iI01,
) -Afliliatf3t1 busírmss entity relationship" means 'I re:iltK)n~hir', other than
parent-subsidiary rolaUooshlp. that f'.XlSIS ",hem ('J onn I}U$il1()$$ f.Hltity hl;l; a
(A"'trolling ownership interest in the olher businn@ entily. (ii) H cnnlro; jnG Owl1()f '"
on" entity is also 11 controlling owner in Iho olh"r nntity, or (ifi) Ihem is Ifh"","
m;maqmn"nl or controillotwrj(ju the busi"es', "'1t'¡¡es h!!()I:; that "II,IUI<I hi;
um"idmed in dulrmninin! th'~ r"i~;tc"Ct' of (In aiU",t.,¡J bin;"".':"; ""t.lY re!nln""Í1'i'
include IIm.t the S..fJrne P.'elson or BlIb~\.m..¡tiaIlY Uk.' S..'nrne perSUH.,.".WII.ur .1.1\:1.',1;""" Ii).,' """"'. !".
ûnhhüs; IhNO am common or commll'(ferl lund~ or assnh;: 111" b:I:\III""" "11111"", '.t>, .". i
Ihe use of the ~mlle olliccs or ()mploye()~ or ollwrwìsc share ;¡Glívjliü$. re:¡Oll(l:"" '" .
pf'.rsonnøt on a reqular basis; or Iliere is oUwlwi"" H c!();;e r"'a\:"",;"ip
b()tweon tho r,ntitir¡$ S(:('. Slate (lnd local Go'¡omment Conflict Illtere~t5 ¡',ct. Vi'
C()de§2.2-3\O1
CERTIFICATION: I certify that the information contained 11<"'ei" is Irue nod ;H""""tr,
I undûrstand Ihal. upon receipt of noOk"tion (postcard} thaI Ihe applir:¡\io" "d'; 1,;"."
"cheduled lor public homing, I am respon<;ibl{) for ohWininn anti pDslinq Ille r"qui",,)
.¡~¡n ,)f1 Ihn sulIJücI property al 1(\aSI :10 days prior to thi\ 8Clli\dtlle<1 public lIum",..,
to the iost(uctíons in this p'll~k¡)r"'.
P".;,:;,ty 0;""'."'. !;;{]O~'(;U(;¡'};j:ii;;;,;,;ïïì;i~'; ;;i",ï;",-,,)"
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Item #3 & 4
Chesapeake Atlantic Development Group, LLC.
Change of Zoning District Classification
Subdivision Variance
East side of Holland Road
District 7
Princess Arme
August 11, 2004
REGULAR
Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I
want to remind everyone that we need to adhere to the rules and procedures that were
explained to you at the start of the meeting. Please be aware of what other speakers have
said. We must insist that redundancy is limited. I would like to turn the meeting over to
Mr. Strange who is our secretary.
Joseph Strange: Thank you Dot. The first item is Item #3 & 4, Chesapeake Atlantic
Development Group, LLC. An Ordinance upon Application of Chesapeake Atlantic
Development Group, LLC. for a Change of Zoning District Classification from AG-l &
AG-2 Agricultural Districts to R-20 Residential District on property located on the east
side of Holland Road approximately 300 feet south of Litchfield Way and an Appeal to
Decisions of Administrative Officers in regard to certain elements of the Subdivision
Ordinance, Subdivision of Chesapeake Atlantic Development Group, LLC. The
property is located on the east side of Holland Road approximately 300 feet south of
Litchfield Way, District 7 Princess Anne. That is with two conditions.
~
Eddie Bourdon: Thank you Mr. Strange. Madame Chair. For the record, my name is
Eddie Bourdon. I'm a Virginia Beach attorney representing the applicants. The
principals of the applicants are here with us this afternoon. This is an application that
involves a 1.26-acre parcel of land on Holland Road that is currently zoned agriculture.
The property is immediately adjacent to and south of the Litchfield Manor subdivision,
which is zoned and developed at R-7.5 residential zoning. That's 3Y2 units per acre. Our
Comprehensive Land Use Plan recommends this area of Virginia Beach for primary
residential area with residential densities consistent with those in Litchfield Manor and in
all the other subdivisions that you see up on the PowerPoint to surround this piece of
property that is 3Y2 units per acre. To. our south is a regional BMP that was created and is
maintained by the City of Virginia Beach for storm water drainage for this entire area.
It's a regional BMP. And adjacent to that is St. John's Baptist Church. Given this
property's size and location that is surrounded by subdivisions and a church the property
is not an agricultural parcel any longer. And agricultural zoning as staffhas indicated
probably not the reasonable zoning for this piece of property. The property is configured
such that at the frontage along Holland Road is a 154.19 feet in width and it narrows as
we proceed away from Holland Road and it has a depth of over 425 feet to get to the acre
and a quarter plus. We looked at other options for this piece of property. One of which
is zoned is identical to the subdivision that abuts us, which is R- 7.5. And we could do
Item #3 & 4
Chesapeake Atlantic Development Group, LLC.
Page 2
two lots of75 feet in width with our frontage on Holland Road but for one little problem.
At the 30 foot setback the property has narrowed from 154 feet to just under a 149 feet.
So we are a little more than a foot short of the necessary frontage because you measure at
the 30-foot setback to create two R-7.510ts. That would be two houses setback 30 feet
from Holland Road. So we looked at some other alternatives. One would be to put in a
street. Now along our southern boundary there is a 20-foot access easement to the City to
access and maintain the storm water management BMP that is located on the property
south of this. So, we contemplated and we can go for a 40-foot right-of-way, go for R-5
zoning and have lots that are bigger than 5,000 square feet and put in three or four lots
along a road coming into the property from Holland Road. But really in looking at the
nice attractive homes next to us and looking at the market we have in Virginia Beach
today with high end homes, my clients determined that they would be probably more
appropriate and clearly we believe more consistent with what exists to our north to do
larger lots at R-20 zoning and just do two of them. Less than half the Comprehensive
Plan recommended zoning density in this area, less than two units per acre. So, what we
proposed and also with R-20 zoning in addition to the larger lots, we have larger
setbacks. Fifty foot setback from Holland Road. We won't have any access to Holland
Road other than the existing roadway that comes in to serve the BMP. You'll have
shared driveway easement so that the two houses will use the existing entrance and only
the existing entrance. The homes will be brick homes. They will be expensive homes on
these two large lots, $400,000 plus. We felt like it and as obviously staff agrees as well.
It's a good proposal. One that is less dense than what is around us and less dense what is
recommended in the Comprehensive Plan on a piece of property that is not an agricultural
parcel for sure. We understand that there might be some opposition, which is regrettable
but would be happy to discuss this with those in opposition if they are here. I did receive
a copy of the petition which indicated that there were concerns that the property was
designed for one house to drain on Holland Road. I have no clue as to what that is
speaking. The property is what the property is and it wasn't designed and it wasn't part
of a subdivision. It has been, as it currently exists for quite some time. There is a
regional BMP that is adjacent to the property that is designed to provide for storm water
drainage for an area much larger than this in the adjoining neighborhoods and it clearly
has the capacity given it was designed based on a Comprehensive Plan that calls for 3Y2
units per acre and were half of that. There are no and as staffhas indicated this is a
vacant parcel of land. There are no significant environmental features on the property. It
is not a wetland, which is kind of alluded to. There are no tree preservation plans with
respect to this piece of property in place or have ever been put in place with respect to
this property which is also alluded to in the petition. So, again, we're glad to speak to
anyone regarding the application. Frankly, we think it's an excellent application and one
that is clearly not in anyway trying to cram to many houses on this property, which is
what we included trying to put a road in and three or four R-7.5 or R-510ts would do.
This keeps it quite open and spacious with large valuable homes.
Dorothy Wood: Thank you.
,---'-
Item #3 & 4
Chesapeake Atlantic Development Group, LLC.
Page 3
Eddie Bourdon: We obviously agree with your Planning staff recommendation for
approval of these two applications.
Dorothy Wood: Thank you Mr. Bourdon. Would you please answer questions from the
Commission members?
Eddie Bourdon: Thank you.
Dorothy Wood: Ms. Anderson.
Janice Anderson: One of the conditions had a right-of-way to A-2. Can you explain
what that parcel is? That is not part of the applicant's property. Is that correct?
Eddie Bourdon: If we go to the aerial. You see this BMP here in the back access to this
regional BMP is via this 20-foot ingress/egress easement which is where our driveway
will be and the lot that will actually have frontage on Holland Road will utilize this
roadway as will the home in the back. This will probably have two homes setback a
minimum and I can assure you it will be setback a lot more than 50 feet but you will have
a house basically in this area and a house back in this area. Both of which, along with the
BMP will be accessed via this road that you see there. We will probably be making some
improvements at the curb on Holland Road to that access.
..
Janice Anderson: Okay. So the right-of-way is already there that goes back.
Eddie Bourdon: Yes. It's an access easement on our property. It's by easement. It's
valid, a court easement, which we have the right to utilize as well. So that will serve as
the only access to the two homes that we propose to construct on the property to the north
of that roadway as you see there.
Janice Anderson: Thank you.
Dorothy Wood: Are there any other questions of Mr. Bourdon? Thank you Mr.
Bourdon.
Eddie Bourdon: Thank you all very much.
Dorothy Wood: Is there any opposition? I know there is none signed but is there anyone
that has come in opposition? We will open it for discussion. Mr. Knight.
Barry Knight: Looks like a logical use for the piece of property. It's consistent with the
homes maybe a little less dense. It's going to be in keeping with the quality and with no
opposition I make a motion to approve.
L-,,-
Dorothy Wood: Thank you.
Item #3 & 4
Chesapeake Atlantic Development Group, LLC.
Page 4
Ronald Ripley: Second.
Dorothy Wood: Excuse me. A motion by Mr. Knight and seconded by Mr. Ripley to
approve this application.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
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 applications of Chesapeake Atlantic Development
Group, LLc. have been approved.
Dorothy Wood: Thank you.
'---~-
Rug 02 04 01:03p
Ed Brubaker
1-757-427-7459
p. 1
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August 2, 2004
Carolyn A. K. Smith
City of Virginia Beach
Department of Planning
VIA Fax 757-426-5667
Dear Carolyn.
FolJoWing is a petition signed by the homeowners contiguous to 2312 Holland Road opposing the
rezoning of said property where Chesapeake Atlantic Development Group, LLC. is seeking to
construct two homes on the property. We are still gathering more signatures but we wanted to
get to you as soon as possible as there is already work being done on the property clearing
debris and trees and bushes. Also, a trench has been dug from the wetlands behind 2364
Utchfield Way draining into the BMP.
Sincerely,
Concerned Homeowners of Utchfield Manor
c:::::::..
Petition summary and
background
Action petItioned for
Printed Name
Petition to Oppose Re-Zoning Request
Proposed fe-zoning by the Chesapeake Atlantic Development Group, LL.C. of property located at 2312 Holland Road.
Reference numbers I12-217-REZ-2004 and I12-217-SVR-2004.
We, the undersigned, are concerned dtizens who urge our leaders to act now to oppose the above re-zoning requests.
Our Primary concerns are, but not limited to, the following:
1) Drainage of said property Into the LItchfield Manor subdivision property. This property was designed for one house
to drain to Holland Road. If the plans were to drain into the BMP It may require the Litchfield Manor Board
approval since the BMP connects to the LItchfield Manor BMP.
2) Another multiple vehicle entrance off of Holland Road within a 1/4 mile distance Is a hazard. The roads are already
full with the new development currently taking place near Holland and Princess Anne Roads. We believe It would
be a safety Issue for the students of Kellam High School. The roads have not kept pace with the current
development yet alone more.
3) The wetlands (tidal or non-tidal) behind 2364 Litchfield Way are currently full of water, where will this water go?
4) Wildlife makes this wetland habitat their home. Has an Environmental Impact study been done to see what the
Impact would be?
5) Previously, there were trees marked on saId property that were not to be cut down that are now gone.
6) The letter from the proposed builder says the houses will be oomparable to Utchfleld Manor & Princess Anne
Quarters. If there Is a house to be built it needs to be at least comparable to the contiguous houses in Litchfield
Manor. .
Comment
Date
Moí.. MIAL.:rtPttf/olÖf /4.w.Ji;J4/7
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Zoning History
OJ 06/13/83 I Street Closure
I Granted
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Jane and Winthrop Short - Subdivision Variance
MEETING DATE: September 28, 2004
.
Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Jane and Winthrop Short. Property is
located at 208 and 210 75th Street (GPINS 24196618650000; 24196618020000).
DISTRICT 5 - L YNNHAVEN
.
Considerations:
There is an existing semi-detached dwelling that sits on three small,
nonconforming lots. On January 15, 2003, a variance was granted by the Board
of Zoning Appeals for setbacks for a proposed second story addition to the semi-
detached dwelling.
Due to the poor condition of the foundation on the existing structure, it is the
intent of the applicant to rebuild the western portion of the structure in lieu of
putting the second story addition on the existing semi-detached structure. The
existing storage area that connects the western portion of the structure to the
eastern portion will be demolished. The eastern portion of the structure will
remain as it exists. Since the western and eastern portions will be separated, the
dwelling will no longer be classified as "semi-detached" as defined in the City
Zoning Ordinance. The two structures will each be considered a detached
single-family dwelling. The applicant intends to resubdivide the lots to
accommodate the two detached single-family dwellings. The two new lots will
have the dimensions listed below.
The applicant is improving a non-conforming situation by combining the two
westernmost lots into one and widening the eastern lot by 3 feet. Single-family
structures are predominant in the immediate surrounding area and this request is
seen as reinforcing the neighborhood character. The surrounding neighbors as
well as the North End Civic League support this request.
The Planning Commission placed this item on the consent agenda because the
proposal is compatible with surrounding land use and the subdivision will result in
a less non-conforming situation than currently exists.
.
Recommendations:
Jane and Winthrop Short
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The following note must be added to the final subdivision plat: "This
subdivision is approved only for the construction of one single-family
dwelling for each lot".
2. The conditions of the Board of Zoning Appeals variance granted on
1/15/03 are incorporated herein by reference.
.
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. ~ IC~W1.
LO3-213-SVR-2004
JANE AND WINTHROP SHORT
Agenda Item # 1 a
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
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Location and General Information
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
Property
located at 208
& 210 75th
Street
'(
:
2419661865; 2419661802 (two parcels)
JOHN & WINTHROP SHORT
Agenda Item # 10
Page. 1
ELECTION
DISTRICT:
SITE SIZE:
EXISTING
LAND USE:
5-LYNNHAVEN
9,885 square feet
One semi-detached dwelling
SURROUNDING North:
LAND USE AND South:
ZONING: East:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
. Single-Family Dwellings I R-5R Residential District
. Single-Family Dwellings I R-5R Residential District
. Single-Family Dwellings I R-5R Residential District
. Single-Family Dwellings I R-5R Residential District
The site includes a single-family attached structure and associated
driveways and landscaping. There are some mature live oak trees
on the property and the applicant has stated that these will be
protected from construction and preserved.
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
Summary of
Existing Lot: There is an existing semi-detached dwelling that sits on three
small, nonconforming lots. On January 15, 2003, a variance was granted by the
Board of Zoning Appeals for setbacks for a proposed second story addition to the
semi-detached dwelling. The zoning variance was granted for the following
items:
1.
Front yard setback modified to 8.7 feet instead of 20 feet as
required for semi-detached dwellings.
Side yard setback (west side) to 5.1 feet instead of 10 feet as
required for semi-detached dwellings.
Side yard setback (west side to 0.5 feet instead of 5 feet as
required for a/c units.
2.
3.
JOHN & WINTHROP SH(¡DRT
Agenda Iteml1 0
Pâge2
4.
A variance to zero parking spaces instead of two parking spaces as
required.
Several conditions were attached to the approval of the variance, as noted
below:
1.
The proposed addition shall be constructed in substantial
adherence with the site plan and rendering that was tendered to the
Board as part of the meeting.
A covered porch may be allowed and may be a depth of eight (8)
feet.
The western property line where Parcel B abuts Lot 54 shall be
vacated (this requirement eliminates the need for the two side yard
setback variances that were applied for).
The shed shall comply with the side yard setback.
2.
3.
4.
Proposed Lots: Due to the poor condition of the foundation on the existing structure, it
is the intent of the applicant to rebuild the western portion of the structure in lieu of
putting the second story addition on the existing semi-detached structure. The existing
storage area that connects the western portion of the structure to the eastern portion will
be demolished. The eastern portion of the structure will remain as it exists. Since the
western and eastern portions will be separated, the dwelling will no longer be classified
as "semi-detached" as defined in the City Zoning Ordinance. The two structures will
each be considered a detached single-family dwelling. The applicant intends to
resubdivide the lots to accommodate the two detached single-family dwellings. The two
new lots will have the dimensions listed below.
Iœm. ~I Lot A-1 Lot B-1 I
Lot Width in feet 50 feet I 42.6 feet* 82 feet I
Lot Area in square feet 5000 sq ft 3,408 sq ft* 6,717 sq ft
Side Yard Setback (west) 8 feet 3 feet* 25 feet
Side Yard Setback (east) 8 feet 8 feet 8 feet
*Subdivision Variance required
JOHN & WINTHROP SH@)RT
Agenda Iteml10
Pag~3
Comprehensive Plan
The Comprehensive Plan recognizes this area as a stable residential neighborhood
within the 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 these neighborhoods should
serve as a guide when considering future development.
Staff recommends approval of this request.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
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.
C.
D.
JOHN & WINTHROP SHORT
Agenda Item # 10
Page 4
E.
The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance. The applicant is improving a non-
conforming situation by combining the two westernmost lots into one and widening the
eastern lot by 3 feet. Single-family structures are predominant in the immediate
surrounding area and this request is seen as reinforcing the neighborhood character. It
is Staff's understanding that the surrounding neighbors as well as the North End Civic
League support this request.
Staff, therefore, recommends approval of this request, subject to the following
conditions.
Conditions
1. The following note must be added to the final subdivision plat: "This subdivision
is approved only for the construction of one single-family dwelling for each lot",
2. The conditions of the Board of Zoning Appeals variance granted on 1/15/03 are
incorporated herein by reference.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances.
JOHN & WINTHROP SHORT
Agenda Itemtf10
Page 5
Supplemental Information
Zoning History
[II 06/13/83 I Street Closure
I Granted
Public Agency Comments
Public Works
No comments
JOHN & WINTHROP SHORT
Agenda Item # 10
Page 6
Public Utilities
I There are existing public water connections to both units.
I There are existing public sewer connections to both units.
I Water:
I Sewer:
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.
Fire and Rescue:
Fire Department requirements will be addressed during
buildin code review.
JOHN & WINTHROP SHORT
Agenda Item #: 10
Page 7
Exhibit A
Aerial of Site
Location
JOHN & WINTHROP SHORT
Agenda Item # 10
Page 8
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Item #10
Jane and Winthrop Short
Subdivision Variance
208 and 210 75th Street
District 5
Lynnhaven
August 11, 2004
CONSENT
William Din: My next item is Item #10. This is Jane and Winthrop Short. This is an
appeal to the decisions in regard to elements of the Subdivision Ordinance by Jane and
Winthrop Short on property located at 208 and 210 75th Street in the Lynnhaven District.
We1come.
Jane Short: Thank you. I'm Jane Short. Good afternoon. I'm a homeowner and the
applicant. We have read all the documents and agree to all of the conditions.
William Din: There are two conditions stated here. Thank you. Is there any opposition
to placing this on consent? If not, Mr. Knight, I believe is going to comment on this one.
Barry Knight: Presently, there is an existing semi detached dwelling that sits on three
small non-confonning lots. The applicant would like to take the eastern portion of this
structure and it will remain, as it exists. The western and eastern portions will be
separated. The dwelling will not be classified as semi detached anymore. Basically,
what they would like to do is they have one contiguous building there in three lots. They
would like to detach them and make two lots with two detached buildings. We feel like
that's more in confonnity with what's wanted down in that particular area so we put it on
consent agenda.
William Din: Thank you Barry. I'd like to make a motion to approve Item #10 Jane and
Winthrop Short. This is an appeal to the subdivision ordinance for a change in the
subdivision ordinance on property located at 208 and 210 75th Street in the Lynnhaven
District with two conditions.
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
KNIGHT
MILLER
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Item #10
Jane and Winthrop Short
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.
~
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08/10/2004 09:52
7574224006
FOLCK ~JEST SAVAGE
PAGE 01
NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONlNG REVIEW COMMITTEE
MEMO
Members of City Council
Plamring Commission
Planning Staff
City of Virginia Beach
, "Tuesday, August 10,2004
Re:
Appeals of Decisions of Administrative Officers in regard to certain elements of the
Sub-division Ordinance~ Subdivision for, Jane and Winthrop Short property located at
208 $(1210 - 7S&h Street.
" The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee haš met and
reviewed the site surveys. site plans and merits of the referenced case. We as a civic league are
"Net opposed" to this request. .
The Committee is not opposed to the applicant's desire to create two single-family homes by "
removing the detaching portion of an existing duplex. The applicants provided a letter of
approval from aU nearby. 75th sb'eet neighbors. It is the consensus of the ~ttee and the
neighbors., that the plans will be an improvement to the street for the following Ͼons:
1. The house to the west will be significantly improved to the point that it will not likely be
demolished fOr many years. The reDOwtîonladditioß plans are in keeping with the scale
and style of the surro~g nei¡hborhood.
2. The neighborhood is opposed to duplex development on lots less than 10,000 square feet.
Both of the newly created lots will be too small to aJlow future duple]( development.
3. Both of the newly created lots will confonn to current 35% maximum lot coverage
figures.
--=>
Should there be any questions please contact me at 431- "1041.
Sincerely,
Billy
William D. Almond, ASLA
Chair, NVBCL Zoning Review Committee
Zoning History
ŒJ DATE I REQUEST
1 09/23/03 Conditional Use Permit for a church.
2 04/08/03 Conditional Use Permit for additional entrances.
3 07/02/02 Conditional Rezoning from R-5d to Conditional B-
1.
Conditional Rezoning from A-12 to B-2.
Conditional Use Permit for a church
Conditional Use Permit for a gas station, car wash
& convenience store.
7 12/12/83 Conditional Use Permit for a car wash.
I ACTION
Granted
Granted
Granted
4 04/26/94
5 08/25/92
6 08/08/88
Granted
Granted
Granted
Granted
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Sair Enterprises - Modification of a Conditional Use Permit
MEETING DATE: September 28, 2004
.
Background:
An Ordinance upon Application of Sair Enterprises for a Modification of a
Conditional Use Permit approved by City Council on March 14, 1966 (Harry L.
Partridge). Property is located at 6016 Indian River Road (GPIN 1456527902).
DISTRICT 1 - CENTERVILLE
.
Considerations:
The Conditional Use Permit allowing the original service station was approved by
City Council on March 14, 1966. A second Conditional Use Permit to add a car
wash facility was approved by City Council on December 12, 1983. Neither
Conditional Use Permit had conditions associated with them.
The applicant is proposing to tear down the existing structures on the site and to
replace them with a new automobile service station and 2,700 square foot
convenience store. The service station will consist of new gas pumps and seven
(7) automobile service bays.
The use is similar to the existing uses that had been there prior to its current
status as a vacant lot. The use is also compatible with the surrounding land uses.
The submitted plans show a site layout and building design consistent with the.
recommendations found in the Comprehensive Plan.
The Planning Commission placed this item on the consent agenda because they
concluded the use is appropriate for this site, the use and design is consistent
with the Comprehensive Plan, and Staff recommended approval.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The site shall be developed substantially as shown on the submitted
site plan entitled "Preliminary Site Plan for Sair Enterprises" prepared
by The Spectra Group dated May 27, 2004 which has been exhibited
Sair Enterprises
Page 2 of 3
to the Virginia Beach City Council and is on file in the City of Virginia
Beach Planning Department.
2. The exterior of the proposed building shall be substantially as shown
on the submitted building elevation entitled "Preliminary Building Plan"
prepared by Architectural Studio, PLLC dated 5/30/04 which has been
exhibited to the Virginia Beach City Council and is on file in the City of
Virginia Beach Planning Department. The building shall be constructed
of brick and the canopy columns shall be wrapped in brick (as depicted
on the elevation).
3. All outdoor lighting shall be shielded to direct light and glare onto the
premises; and deflected, shaded and focused away from adjoining
property. Any outdoor lighting fixtures shall not be erected any higher
than 14 feet.
4. The canopy lighting shall be low level and recessed. The lumen level
shall not exceed 50 lumens under the canopy. Verification, by a pre-
approved third party source, such as an electrical engineer, of the
lumens level shall be submitted to the Current Planning Division /
Planning Evaluation Section of the City of Virginia Beach Planning
Department before the issuance of the Certificate of Occupancy.
5. All auto repairs must take place inside the building.
6. No outside storage of equipment, parts or materials shall be permitted.
7. No outside storage of vehicles in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, then such
vehicles shall be stored within the building.
8. There shall be no outside storage or display of tires, other than in a
"casing enclosure" for tire reclamation.
9. The dumpster area shall be enclosed with a solid wall to match the
building and shall be landscaped in accordance with Section 245(e) of
the City Zoning Ordinance.
10. A monument style freestanding sign, no more than eight (8) foot in
height, set on a brick base to match the building brick shall be
permitted in accordance with the City Zoning Ordinance and the Site
Plan Ordinance.
11. Signage for the canopy shall be allowed in accordance with the City
Zoning Ordinance and the Site Plan Ordinance. Striping on the canopy
shall be limited to 10 feet on each side of the canopy or one-quarter of
the length of each side. Signage on the canopy shall not be internally
or externally illuminated.
Sair Enterprises
Page 3 of 3
12. No signage in excess of a total of four (4) square feet of the entire
glass area of the exterior wall shall be permitted. There shall be no
other signs, neon signs or neon accents installed on any wall area of
the exterior of the building, windows and / or doors, canopy, light poles,
or any other portion of the site.
13.No outdoor vending machines, ice machines/containers, gas (propane)
containers, and / or display of merchandise shall be allowed.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
S ubm l!ting Department/Agency: Planning Department ~
C ity Manager:~ ~ ~ 6»<t
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SAIR ENTERPRISES
Agenda Item # 11
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 a Conditional Use Permit for a service station granted
in March of 1966.
Property
located at
6016 Indian
River Road.
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14565279020000
1- CENTERVILLE
SAIR ENTERPRISES
Agenda Item # 11
Page 1
SITE SIZE:
33,310 square feet
EXISTING
LAND USE:
Former service station; currently vacant and zoned B-2 Business
District.
South:
East:
West:
. Self-storage facility / B-2 Business District
. Across Indian River Road is a gas station and
convenience store and an office / B-2 Business
District
. Service station / B-2 Business District
. Self-storage facility / B-2 Business District
SURROUNDING North:
LAND USE AND
ZONING:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant natural resources or cultural features
associated with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The Conditional Use Permit allowing the existing service station was approved by City
Council on March 14, 1966. A second Conditional Use Permit for the existing car wash
facility was approved by City Council on December 12, 1983. Neither Conditional Use
Permit had conditions associated with them.
The applicant is proposing to tear down the existing structures on the site and to replace
them with an automobile service station and 2,700 square foot convenience store. The
service station will consist of new gas pumps and seven (7) automobile service bays.
SAIR ENTERPRISES
Agenda Item # 11
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 properties.
. Consistency with the recommendations of the Comprehensive Plan.
Comprehensive Plan
The Comprehensive Plan designates this site as being within the 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 Primary
Residential Area is suitable for appropriately located suburban residential and non-
residential uses consistent with the policies of the Comprehensive Plan.
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
(1) This use is similar to the existing uses that had been there prior to its current
status as a vacant lot. The use is also compatible with the surrounding land uses.
SAIR ENTERPRISES
Agenda Item~11
l?ag~3
(2) Staff finds that the submitted plans indicate a site layout and building design
consistent with the recommendations found in the Comprehensive Plan.
Staff, therefore, recommends approval of this request, subject to the conditions below.
Conditions
1. The site shall be developed substantially as shown on the submitted site plan
entitled "Preliminary Site Plan for Sair Enterprises" prepared by The Spectra
Group dated May 27, 2004 which has been exhibited to the Virginia Beach City
Council and is on file in the City of Virginia Beach Planning Department.
2. The exterior of the proposed building shall be substantially as shown on the
submitted building elevation entitled "Preliminary Building Plan" prepared by
Architectural Studio, PLLC dated 5/30/04 which has been exhibited to the
Virginia Beach City Council and is on file in the City of Virginia Beach Planning
Department. The building shall be constructed of brick and the canopy columns
shall be wrapped in brick (as depicted on the elevation).
3. All outdoor lighting shall be shielded to direct light and glare onto the premises;
and deflected, shaded and focused away from adjoining property. Any outdoor
lighting fixtures shall not be erected any higher than 14 feet.
4. The canopy lighting shall be low level and recessed. The lumen level shall not
exceed 50 lumens under the canopy. Verification, by a pre-approved third party
source, such as an electrical engineer, of the lumens level shall be submitted to
the Current Planning Division / Planning Evaluation Section of the City of Virginia
Beach Planning Department before the issuance of the Certificate of Occupancy.
5. All auto repairs must take place inside the building.
6. No outside storage of equipment, parts or materials shall be permitted.
7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If
vehicles in this condition require storage, then such vehicles shall be stored
within the building.
8. There shall be no outside storage or display of tires, other than in a "casing
enclosure" for tire reclamation.
9. The dumpster area shall be enclosed with a solid wall to match the building and
shall be landscaped in accordance with Section 245(e) of the City Zoning
SAIR ENTERPRISES
Agenda Item # 11
Page 4
Ordinance.
10.A monument style freestanding sign, no more than eight (8) foot in height, set on
a brick base to match the building brick shall be permitted in accordance with the
City Zoning Ordinance and the Site Plan Ordinance.
11. Signage for the canopy shall be allowed in accordance with the City Zoning
Ordinance and the Site Plan Ordinance. Striping on the canopy shall be limited to
10 feet on each side of the canopy or one-quarter of the length of each side.
Signage on the canopy shall not be internally or externally illuminated.
12. No signage in excess of a total of four (4) square feet of the entire glass area of
the exterior wall shall be permitted. There shall be no other signs, neon signs or
neon accents installed on any wall area of the exterior of the building, windows
and / or doors, canopy, light poles, or any other portion of the site.
13. No outdoor vending machines, ice machines/containers, gas (propane)
containers, and / or display of merchandise shall be allowed.
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.
SAIR ENTERPRISES
Agenda Itemft. 11
Page 5
Supplemental Information
Zoning History
I ACTION
Granted
Granted
Granted
Granted
Granted
Granted
[[J DATE I REQUEST
1 09/23/03 Conditional Use Permit for a church.
2 04/08/03 Conditional Use Permit for additional entrances.
3 07/02/02 Conditional Rezoning from R-5d to Conditional B-1.
4 04/26/94 Conditional Rezoning from A-12 to B-2.
5 08/25/92 Conditional Use Permit for a church
6 08/08/88 Conditional Use Permit for a gas station, car wash &
convenience store.
7 12/12/83 Conditional Use Permit for a car wash.
Granted
SAIR ENTERPRISES
Agenda Item # 11
Page 6
Public Agency Comments
Public Works
Master Transportation
Plan (MTP):
Indian River Road in the vicinity of this site is a six (6)
lane divided major urban arterial. Improvements are not
antici ated on this roadwa in the next five ears.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Level of Existing Land Use 2
Service "C" -
Indian River 38,358 26,300 AOT ' - 1 ,180 AOT
Road AOT' Level of Proposed Land
Service "0" -
42,100 AOT' i Use 3 - 2,283 AOT
Average Dally Trips
2 as defined by gas station
3 as defined by gas station & convenience store
Public Utilities
Water:
This site has an existing 5/8-inch water meter which may be used or
upgraded. There is an 8-inch City water main in Indian River Road
frontinQ the site.
Sewer:
There is an 8-inch City gravity sanitary sewer main in Indian River
Road fronting the site. This site is connected to City sanitary sewer.
Sanitary sewer and pump station calculations may be required to
determine ca acit due to an increase in sewa e flow.
Stormwater
Stormwater:
Water quality and water quantity control shall be provided
in accordance with the City of Virginia Beach Public Works
Standards and Specifications.
The off-site receiving drainage system is to be reviewed to
confirm ade uate storm water ca acit .
SAIR ENTERPRISES
Agenda Item # 11
Page 7
I School:
Police:
Fire and Rescue:
Public Schools
I Not applicable.
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.
Storage of hazardous, flammable or combustible materials
on site shall be within the scope of the Virginia Statewide
Fire Prevention Code and NFPA. Fire code permits are
required at time of occupancy; contact the fire department
for permit information. Any additional concerns shall be
addresses durin the build in ermit rocess.
SAIR ENTERPRISES
Agenda Item 11 1
R(!ge..8
Exhibits
Exhibit A
Aerial of Site
Location
SAIRENTERPRISES
AfiJenda Item # 11
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SAIR ENTERPRI.SES
Agenda Item#- 11
Page 10
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SAIR ENTERPRISES
Agenda Item # 11
Page 11
APPLICANT DISCLOSURE
If Ihe applicant IS a "Of!,"'ü:;"'" par\O(>rshlp tinn, bu,mess, Of ot"", un"'ccrpOfatèd
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Item #11
Sair Enterprises
Modification of a Conditional Use Pennit
6016 Indian River Road
District 1
Centerville
August 11, 2004
CONSENT
William Din: The next item is Item #11 Sair Enterprises. This is an application ofSair
Enterprises for a Modification of a Conditional Use Permit for property located at 6016
Indian River Road in the Centerville District. There are thirteen conditions.
Edward Herbert: Madame Chainnan and Commissioners, my name is Edward Herbert,
architect, City of Virginia Beach. I'm here to represent the owner. He is here also and
we accept all thirteen conditions.
William Din: Thank you sir. You're welcome. Is there any opposition to placing this on
consent? Thank you. If not, Ms. Anderson will be commenting on this one.
.-
Janice Anderson: Thank you. This was an application for a Modification of a
Conditional Use Pennit for a gas station on the site. It is located off of Indian River
Road. This site is currently vacant and a fonner gas station. The property is zoned B-2
Business. This site here has been approved as a gas station or a location for gas station
since 1966. What the applicant is requesting is to tear down the existing building and
canopy and build new facilities at the site for a gas station. It also has the convenience
store and service bays. The previous use condition for the gas station had no conditions
and this new Use Pennit that we're recommending has 13 conditions. We believe it's an
appropriate use in this area and recommend it for approval.
William Din: Thank you Jan. I'd like to make a motion to approve Item #11 Sair
Enterprises, an application for Modification of a Conditional Use Permit on property
located 6016 Indian River Road in the Centerville District with 13 conditions.
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
KA TSIAS
KNIGHT
MILLER
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Item #11
Sair Enterprises
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.
.......-
Zoning History
n ""t:,
n n
0 G I
[!] DATE I REQUEST
1 OS/25/04 Conditional Use Permit (motor vehicle sales &
service)
2 09/09/03 Change of Zoning (1-1 Industrial District to B-2
Community Business District)
Conditional Use Permit (motor vehicle sales &
service)
3 03/25/03 Change of Zoning (1-1 Industrial District & B-2
Community Business District to Conditional B-2
Community Business District)
Conditional Use Permit (motor vehicle sales)
Street Closure
Street Closure
Conditional Use Permit (motor vehicle sales)
Change of Zoning (B-2 Community Business
District to 1-1 Industrial District)
7 05/19/86 Conditional Use Permit (auto paint)
8 04/14/86 Change of Zoning (B-2 Community Business
District to 1-1 Industrial District)
4 01/28/03
5 12/10/02
6 02/09/87
I ACTION
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Enterprise Rent-A-Car - Conditional Use Permit (motor vehicle rentals)
MEETING DATE: September 28, 2004
.
Background:
An Ordinance upon Application of Enterprise Rent-A-Car for a Conditional Use
Permit for motor vehicle rentals on property located at 141 Spruce Street (GPI N
14874364730000). DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant is requesting to operate a motor vehicle rental business within an
existing building that is used for motor vehicle repair and bodywork. This site is
part of a large motor vehicle sales and repair complex (Hall Auto). The current
proposal will offer vehicles for rent such as cars, small to regular size pick-up
trucks, vans and sport utility vehicles. No freestanding signage is proposed. The
operation will utilize no more than 15 parking spaces for their two (2) employees,
leaving 13 spaces for rental vehicles. The parking lot designated for the auto
body and repair facility has 58 spaces. There is adequate parking for this
proposal and the existing facility and overflow parking, in the event it were ever
needed, is also available on the adjacent property that is under the same
ownership.
The surrounding uses are either auto/motor vehicle related or industrial in nature.
The addition of a vehicle rental operation within the existing structure is expected
to have negligible impact on surrounding uses and zoning. The Comprehensive
Plan recognizes that this area is in need of some redevelopment along Bonney
Road, and the establishment of the Hall motor vehicle complex has begun that.
The Planning Commission placed this item on the consent agenda because they
concluded it is an appropriate and compatible use for this site and the
surrounding area.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The Conditions required with the June 5, 2001, approval by City Council of
the Conditional Use Permit for the Auto Body Shop and Vehicle Storage
Enterprise Rent-A-Car
Page 2 of 2
facility shall remain in effect.
2. Motor vehicles available for rent shall be limited to cars, small and regular
size pick-up trucks, vans and sport utility vehicles.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
S u bm iltl n g Depa rtmentl Age n crl ann jng De pa rt me n*--
City Manager: ~ . ~~
GO7 -222-CUP-2004
ENTERPRISE RENT-A-CAR
Agenda Item # 8
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.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
Location and General Information
Modification of Conditions of a Conditional Use Permit granted on
June 5, 2001, for motor vehicle repair. The applicant is proposing to
add motor vehicle rentals on site.
Property located
at 141 Spruce
Street.
14874364730000
ENTERPRISE RENT-A-CAR
Agenda Item # 8
Page 1
DISTRICT:
3 - ROSE HALL
SITE SIZE:
3.850 acres
EXISTING
LAND USE:
Motor vehicle repair, consisting primarily of bodywork.
SURROUNDING
LAND USE AND North:
ZONING: South:
East:
. Auto sales and repair / B-2 Community Business
District
. 1-264
. Parking lot for motor vehicle sales and repair
complex / B-2 Community Business District
. Butternut Lane, contractor's storage yard / 1-1 Light
Industrial Use
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
This site is almost entirely impervious as it is developed with a motor
vehicle repair facility and, therefore, has no significant environmental
features. This site is located within the Chesapeake Bay watershed.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The applicant is requesting to operate a motor vehicle rental business within an existing
building that is used for motor vehicle repair and bodywork. This site is part of a large
motor vehicle sales and repair complex. The current proposal will offer vehicles for rent
such as cars, small to regular size pick-up trucks, vans and sport utility vehicles. No
freestanding signage is proposed. The operation will utilize no more than 15 parking
spaces for their two (2) employees, leaving 13 spaces for rental vehicles. The parking
lot designated for the auto body and repair facility has 58 spaces. There is adequate
parking for this proposal and the existing facility and overflow parking, in the event it
were ever needed, is also available on the adjacent property that is under the same
ownership.
ENTERPRISE RENT -A-GAR
Agenda Item# 8
p~ge 2
City Council granted approval for the repair facility in June of 2001. There were seven
(7) conditions of that approval that will remain in effect:
1. All auto repair must take place inside the building. No outside storage of
equipment, parts or materials shall be permitted.
2. All overhead doors located on the side of the building facing 1-264 must remain
closed except for moving vehicles into and out of the building for service.
3. The vehicle storage area must be surrounded by Category VI landscaping and
fencing. The chain link fence shown on the site plan will not be allowed, a solid
fence must be used.
4. A 50-foot reservation shall be required along the southern property line adjacent
to 1-264 as necessary for improvements related to Rosemont Road and 1-264
interchange. The applicant agreed to relocated the building back another twenty-
five (25) or more feet to provide approximately sixty (60) plus feet for the setback
in the area from 1-264.
5. The building labeled as "Proposed Body Shop" on the submitted site plan shall
be shifted to the north toward the existing Second Street right-ot-way, outside the
reservation area required by Condition 4 and all building setbacks required by the
City Zoning Ordinance. Redesign of the building to accomplish this shift to the
north may be made consistent with Condition 7.
6. The development of the site shall substantially conform with the site plan
prepared by MSA, PC, dated May 15, 2000, and annotated "MSA PROJ.
#00017A", except for changes necessitated by compliance with these conditions.
7. Architectural design, materials and colors shall conform with the "Conceptual
Design for HALL AUTO WORLD COLLISION CENTER", prepared by Burkhart
Thomas Architecture/lnterior Design and on tile in the Planning Department,
except for changes necessitated by compliance with these conditions.
ENTERPRISE .RENT -A-CAR
Agenda Item # 8
Page 3
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 and consistency with surrounding uses, zoning and the
recommendations of the Comprehensive Plan.
. The existence of adequate parking to accommodate the proposed additional
business.
Comprehensive Plan
The Comprehensive Plan identifies this area as within Strategic Growth Area 5, North
Rosemont Area and recognizes primarily suburban and commercial land use patterns.
"One of the goals of this area is to significantly increase the proportion of residential
units and non-retail employment base" (page 73) and does not recommend any
industrial uses in this area. It describes protection of existing residential neighborhoods
and the introduction of mixed-use development containing perhaps medium to high-rise
residential units and high quality, mid-rise office buildings.
Staff recommends approval of this request.
ENTERPRISE RENT-A-CAR
Agenda Item# 8
Page 4
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 surrounding uses are either auto/motor vehicle related or industrial in nature.
The addition of a vehicle rental operation within the existing structure is expected
to have negligible impact on surrounding uses and zoning. The Comprehensive
Plan recognizes that this area is in need of some redevelopment along Bonney
Road, and the establishment of the Hall motor vehicle complex has done just
that. Staff does not view this request as having any impact on neighborhoods
across the railroad tracks and Virginia Beach Boulevard, nor able to address the
desires of additional non-retail development within the Strategic Growth Area.
(2) It is likely that the majority of customers will be leaving a car at the existing auto
repair/body shop for repairs so parking needs will not be excessive. Only 15
motor vehicles are proposed for rental. As there are 58 spaces in the parking lot,
the space issue is adequately addressed for both the existing and future parking
needs of employees and customers.
Staff, therefore, recommends approval of this request.
Conditions
1. The Conditions required with the June 5, 2001, approval by City Council of the
Conditional Use Permit for the Auto Body Shop and Vehicle Storage facility shall
remain in effect.
2. Motor vehicles available for rent shall be limited to cars, small and regular size
pick-up trucks, vans and sport utility vehicles.
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.
ENTERPRISE RENT-A-CAR
Agenda ItelT) # 8
Page 5
Supplemental Information
Zoning History
CUP - Auto Rental
Modification of Conditions
[]J DATE I REQUEST
1 OS/25/04 Conditional Use Permit (motor vehicle sales & service)
2 09/09/03 Change of Zoning (1-1 Industrial District to B-2
Community Business District)
Conditional Use Permit (motor vehicle sales & service)
I ACTION
Granted
Granted
ENTERPRISE RENT -A-CAR
Agenda Item# 8
Page 6
3 03/25/03
4 01 /28/03
5 12/10/02
6 02/09/87
7 05/19/86
8 04/14/86
Change of Zoning (1-1 Industrial District & B-2
Community Business District to Conditional B-2
Community Business District)
Conditional Use Permit (motor vehicle sales)
Street Closure
Street Closure
Conditional Use Permit (motor vehicle sales)
Change of Zoning (B-2 Community Business District to 1-
1 I ndustrial District)
Conditional Use Permit (auto paint)
Change of Zoning (B-2 Community Business District to 1-
1 Industrial District)
Granted
Granted
Granted
Granted
Granted
Granted
Public Agency Comments
Public Works
Master Transportation
Plan (MTP):
Bonney Road in the vicinity of this site is a four (4) lane
undivided urban arterial. It is shown on the MTP as an
undivided facility with a 70-foot wide right-of-way.
VDOT is in the process of conducting a comprehensive
corridor study of 1-264, which will involve improvements
to the Rosemont Road/I-264 interchange. The
Department of Public Works is evaluating the relocation
of Bonney Road as part of this study. The current Public
Works concept for relocated Bonney Road will impact
this site. This concept and these improvements are in
the preliminary stages of discussion and design. As the
existing building where this rental operation will be
housed is already constructed, there will not be any
conflicts due to this request. The only future, potential
conflict with the preliminary alignment and the existing
improvements is where there is some existing pavement
for parking on the southwest corner of the property,
located within the proposed right-of-way of Bonney Road
relocated.
ENTERPRISE RENT-A-CAR
Agenda Item:# 8
Page 7
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
The difference
between the traffic
Bonney Road 16,588 22,800 generated by the
ADT1 ADT1 existing and
proposed land uses
is neÇJliÇJible.
Average Dally Trips
Public Utilities
Water &
Sewer:
City water and sewer are currently serving the site.
I
Police:
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.
I Fire and Rescue:
I Adequate - no additional comments.
ENTERPRISERENT -A-GAR
Agenda Iteni:#8
Pag~8
Exhibits
Exhibit A
Aerial of Site
Location
ENTERPRISE RENT-A-CAR
Agenda Item # 8
Page 9
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Item #8
Enterprise Rent-a-Car
Conditional Use Permit
141 Spruce Street
District 3
Rose Hall
August 11, 2004
CONSENT
William Din: My next item is Item #8 Enterprise Rent-a-Car. This is an application of
Enterprise Rent-a-Car for a Conditional Use Permit for motor vehicle rentals on property
located at 141 Spruce Street in the Rose Hall District.
John Fig: My name is John Fig and I'm a regional manager for Enterprise. We've read
the conditions and agree to them.
William Din: There are two conditions. Is there any opposition to placing this on
consent? If not, Mr. Knight is going to comment on this one.
..........
Barry Knight: The applicant is requesting to put a motor vehicle rental business within
. an existing building that's used for motor vehicle repair and body work. It seems to us
like it's a fair compliment to the business. There is already a business there. If you come
in there to get your car worked on or some bodywork done, you have access to a rental
concern. You can see a picture of it there. So, we felt like it's an appropriate use of the
land so we placed in on consent agenda.
William Din: Thank you Barry. I'd like to make a motion to approve Item #8 Enterprise
Rent-a-Car, an application for a Conditional Use Permit for motor vehicle rentals at 141
Spruce Street in the Rose Hall District with two conditions.
Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it.
AYE 11 NAY 0 ABSO ABSENT 0
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board.
N.
APPOINTMENTS
BICYCLE and TRAILS ADVISORY COMMITTEE
HISTORICAL REVIEW BOARD
MINORITY BUSINESS BOARD
P ARKS AND RECREATION COMMISSION
PUBLIC LffiRARY BOARD
RESORT ADVISORY COMMISSION - RAC
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
o.
UNFINISHED BUSINESS
P.
NEW BUSINESS
Q.
ADJOURNAMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: 09/14/2004 D C M R C A W
PAGE: 1 I D J L A N R H N I
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AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
I CITY COUNCIL BRIEFING:
A Nancy A. Creech,
KING NEPTUNE STATUE President,
Neptune Festival
II CITY MANAGER'S BRIEFING:
A TREE REMOVAL ORDINANCE Wade Kyle,
Waste
Management
Administrator
III/IV N / CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y
VIlE
F MINUTES APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y
INFORMAUFORMAL SESSIONS 09/07/04
ADDED Resolution re development rights on properties
affected by Navy's OPNA V instruction ADDED TO 10-0 A Y Y Y Y Y Y Y Y Y Y
11010.3GB RESOLUTIONS
III Resolutions re design/r-o-w acquisition of ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
Princess Anne Rd projects: CONSENT
a. Phase IV Dam Neck Rd to Ninmo Pkwy
b. Phase V Holland Rd to General Booth
Blvd
2 Resolution to increase membership of ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
HISTORICAL REVIEW BOARD CONSENT
3 Ordinance to AUTHORIZE policy to ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
allow PUBLIC COMMENT on non- CONSENT
agenda items effective the first meeting in
October/each first meeting thereafter for
trial period of 6 months/will not be
televised.
4 L YNNHA VEN RIVER ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
ENVIRONMENTAL RESTORATION CONSENT
STUDY:
a ESTABLISH a capital project
b APPROPRIATE $450,000 ÍÌ"crn
Stonnwater Management
UtilityEnterprise fund
c AUTHORIZE cost share agreement
with U.S. ARMY CORPS of
ENGINEERS
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 1
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DATE: 09/14/2004 C E S L
D C M R C A W
PAGE: 2 1 D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
0
L R S N X F E T A N 0
5 Ordinance to AUTHORIZE ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
encroachment for CHARLIE I CINDY CONSENT
PINCUS re fence in City's r-o-w at 621
Bushnell Circle
(DISTRICT 6 BEACH)
6 Ordinance to ACCEPT ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
IAPPROPRIATE $48,000 frem CONSENT
Homeland Security to Fire re FEMA
team security at Democratic 1
Republican National Conventions
ADDED Resolution re development rights on ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y
properties affected by Navy's OPNA V CONSENT
instruction 11010.36b
J/l ~ to § 4.4(b) of Subdivision APPROVED, BY 8-2 A Y Y Y Y N Y N Y Y Y
Ordinance that all lots meet CZO for CONSENT
RICHARD RIGGS to exclude
floodplain areas/special restrictions lot
area 1 width
(DISTRICT 7 - PRINCESS ANNE)
2 COLONIAL BAPTIST CHURCH APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y
CUP:church (expansion) at 2221 Centerville CONDITIONED,
Turnpike BY CONSENT
(DISTRICT 1 - CENTERVILLE)
3 HERTZ LOCAL EDITION g;,æ; APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y
CONDITIONED,
Motor vehicle rentals at 3205 VB Blvd BY CONSENT
a
(DISTRICT 3 - ROSE HALL)
b Motor vehicle rentals at 5476 VB Blvd
(DISTRICT 2 - KEMPSVILLE)
4 JONATHAN R. KING CUP: home APPROVEDI 6-4 A Y N N Y N Y N Y Y Y
occupation (firearm sales) at 224 Gatewood CONDITIONS
Ave REVISED
(DISTRICT 6 - BEACH)
5 THOMAS RITCIDE, FINE EDGE APPROVEDI 9-1 A Y Y N Y Y Y Y Y Y Y
LAWN & LAND, INC- CUP: bulk CONDITIONED,
storage at 400 First Colonial Rd BY CONSENT
(DISTRICT 6 - BEACH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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C E S L
DATE: 09/14/2004 D C M R C A W
PAGE: 3 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA 2 N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
6 VIRGINIA BEACH COMMUNITY APPROVED/ IO.{) A Y Y Y Y Y Y Y Y Y Y
DEVELOPMENT CORPORATION CONDITIONED,
(VBCDC), CUP: Facility for the BY CONSENT
Disabled at West Neck / North Landing
Rds
(DISTRICT 7 - PRINCESS ANNE)
7 DR. JOHNNY'S APPLIANCES MODIFIED AS 1O'{) A Y Y Y Y Y Y Y Y Y Y
Modification of Proffers: Conditional PROFFERED,
BY
CO2 from AG-2 to Conditional B-2 AGREEMENT
(approved 1/25/1994), (Harold Dean 7/26/04, BY
Flora, Sr. / Mary Ellen Flora) for a sign at CONSENT
1941 General Booth Blvd
(DISTRICT 7 - PRINCESS ANNE)
8 ESI PROPERTIES II, L.L.C. / MODIFIED 10.{) A Y Y Y Y Y Y Y Y Y Y
KAMAREK PROPERTY II, L.L.c. PROFFER NO I,
Modification ofProfers re Conditional BY CONSENT
CO2 from 0-2 to 1-1 (approved on
7/9/1996), (Eectronic Systems, Inc.) re
reduction in sq footage at Expressway /
Edwin Drive
(DISTRICT 3 - ROSE HALL)
9 WOMACK CHAPPELL, L.L.c. flk/a Linda MODIFIED AS IO.{) A Y Y Y Y Y Y Y Y Y Y
T. Chappen Modification of Conditions re PROFFERED,
BY
Conditional CO2 from AG-l to 1-1 AGREEMENT
(approved 5/14/2002), (Unda T. Chappell) re DATED 4/30/04,
side yard setback at 2599 Dam Neck Rd BY CONSENT
(DISTRICT 6 - BEACH)
K. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S
BICYCLE & TRAILS ADVISORY
COMM
HISTORICAL REVIEW BOARD
MINORITY BUSINESS BOARD
PUBLIC LIBRARY BOARD
REVIEW 1 ALLOCATION COMM (COG)
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
UMIN ADJOURNMENT 7:32 PM