NOVEMBER 16, 2004 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LO UIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBER7 M. DYER, Centerville - District I
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
.LAMES L. WOOD, Lynnhaven -District 5
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
CITY COUNCIL AGENDA
Cl TY MANAGER - JAMES K. SPORE
CITYATTORNEY- LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
I. CITY MANAGER'S BRIEFINGS
23 NOVEMBER 2004
Conference Room
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patricia Phillips, Director - Finance
B. MUNICIPAL SKATE PARK
Cindy Curtis, Director - Parks and Recreation
C. MARRIOTT HOTEL TERM SHEET
James Ricketts, Director - Convention and Visitor Bureau
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
E- MAIL: Ctycncl@vbgov.com
1:30 PM
4:0 0 PM
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION 6:00PM 11
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Constance A. Lew, Pastor
Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
G. MAYOR'S PRESENTATION
1. DISTINGUISHED BUDGET PRESENTATION AWARD
H. PUBLIC COMMENT
1. TOWN CENTER, PHASE III, TERM SHEET
I. AGENDA FOR FORMAL SESSION
J. CONSENT AGENDA
November 9, 2004
K. RESOLUTION/ORDINANCES
1. Resolution to APPOINT Mark D. Stiles and Carol W. Hahn as Deputy City Attorneys.
2. Ordinance to CONVERT an existing part-time position to a full-time position in the Department
of Libraries FY 2004-2005 Operating Budget re restructuring the Records
Management/Municipal Reference workload.
L.
3. Ordinances to AUTHORIZE acquisition of property in fee simple for easements by agreement or
condemnation re traffic signals:
a. London Bridge Road and Tower Bridge Loop
b. Baker Road and Hampshire Lane
4. Ordinance to ESTABLISH initiatives re participation by minority -owned, woman -owned and
small businesses in City contracts and TRANSFER $50,000 to staff this program for three (3)
years with annual evaluation reports.
PLANNING
1. Application of BAYMARK GOLF, LLC for MODIFICATION of Proffers (#2. #3) re a
rezoning to Conditional PD-Hl, (approved by City Council on May 11, 1999 and June 26, 2001
in behalf of Baymark Construction Corporation) to construct a multi -purpose building in the
"community green space" at Signature Circle and Signature Drive, (Villages at West Neck).
(DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
2. Application of MIZPEH CHURCH OF THE LIVING GOD for a NEW Conditional Use
Permit for a church at 1064 Lynnhaven Parkway, Suite 109. (DISTRICT 6 — BEACH)
RECOMMENDATION:
APPROVAL
3. Application of SAINT JAMES MISSONARY CHURCH for a NEW Conditional Use Permit
for a church at 5277 Princess Anne Road, Suite 311 (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION: APPROVAL
4. Application of CITY OF REFUGE CHRISTIAN CHURCH for the renewal of their November
27,2001, and NEW Conditional Use Permits for a church and to ADD a child care education
center at 3420 Holland Road, Suites 103-105 (DISTRICT 3 — ROSE HALL)
RECOMMENDATION:
APPROVAL
5. Application of OCEAN MYSTIQUE, INC. for a Conditional Use Permit for a studio for tattoo,
permanent makeup and body piercing at 2335-2337 Virginia Beach Boulevard. (DISTRICT 6 —
BEACH)
RECOMMENDATION:
APPROVAL
6. Applications of H&A ENTERPRISES, LLC at Independence Boulevard and Smokey Road:
(DISTRICT 4 — BAYSIDE)
a. Change o Zoning District Classification from R-7.5 Residential District to Conditional B-2
Community Business District
b. Conditional Use Permit re motor vehicle sales
THE APPLICATION REQUESTS DEFERRAL TO DECEMBER 14, 2004
7. Application of WOMACK CHAPPEL, LLC f/k/a LINDA T. CHAPPELL for a Chan e o
Zoning from AG-1 and AG-2 Agricultural Districts and R-20 Residential District to
Conditional I-1 Light Industrial District at London Bridge Road and Hornet Drive re Phase II
of Taylor Farm Corporate Park. (DISTRICT 6 — BEACH)
RECOMMENDATION:
APPROVAL
8. Application of MARY SPADY for a Chanaeof Zonis from R-10 Residential District to
Conditional 0-1 Office District at 844 Kempsville Road. (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION:
DENIAL
9. Application of VTC ONE, L.L.C. for an extension of ninety (90) days to comply with Condition
No. 4 in the closure, vacation and discontinuance of a portion of Regent University Drive.
(Approved November 25, 2003 re Amerigroup Office Complex).
RECOMMENDATION:
M. APPOINTMENTS
APPROVAL
BIKEWAYS and TRAILS ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
TAX ASSESSMENT EVALUATION AND REFINEMENT TASK FORCE
TOWING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED — October 2004
2. ABSTRACT OF VOTES —GENERAL ELECTION —November 2, 2004
P. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
Agenda 11/23/04st
www.vbgov.com
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Appointing Mark D. Stiles and Carol W. Hahn as Deputy
City Attorneys
MEETING DATE: November 23, 2004
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El
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Background:
Section 2-166 of the City Code provides that "[t]he city council may, from time to
time, upon recommendation of the city attorney, appoint such deputy and
assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney."
Considerations:
The proposed appointments of Mark D.
assignment to positions of leadership
Attorney's Office.
Attachments:
Resolution
Recommended Action: Approval
Stiles and Carol W. Hahn will reflect their
and greater responsibility in the City
Submitting Department/Agency: City Attornep� ����
City Managers
I A RESOLUTION APPOINTING MARK D. STILES
2 AND CAROL W. HAHN AS DEPUTY CITY ATTORNEYS
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BE IT RESOLVED BY
THE COUNCIL OF THE
CITY OF VIRGINIA BEACH,
6
VIRGINIA:
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That, pursuant to
§ 2-166 of the Code
of the City of Virginia
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Beach, Mark D. Stiles
and Carol W. Hahn
are hereby appointed as
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Deputy City Attorneys,
effective December
1, 2004.
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11 Adopted
by
the Council of the
City of Virginia Beach,
12 Virginia, on
the
day of
1 2004.
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15 H:\GG\Ordres\Deputy.Res.doc
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17 November 5, 2004
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20 APPROVED AS TO LEGAL
21 SUFFICIENCY.
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25 City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Reallocate Existing Funds to Restructure Records Management/Municipal
Reference Workload, Including FTE Conversion
MEETING DATE: November 23, 2004
■ Background:
The records management program, established in the late 1980s, works with City offices,
Schools, Courts and State agencies to manage their departmental records that are the
business records of the City. The Virginia Public Records Act governs much of the work
associated with records management.
Records Management has been an agency within the Library Department for
approximately one year, following the reorganization of the former Department of General
Services. The current Records Management staff struggles to maintain quality customer
service in all areas of records management because of the (1) growth in the volume of
records produced by the City, Schools, Courts and State agencies, (2) the continuous
demand for service and (3) the decrease in the number of staff assigned to this function
over the years. An analysis of the work processes of Records Management revealed a
critical shortage in capacity to manage the storage and retrieval functions, especially in the
areas of transferring boxes to and from the Records Center and filing and re -filing records.
Immediate action is necessary to effectively and efficiently manage this work and
reallocate the resources available to advance and improve services to the City and its
other customers, without additional costs.
This request summarizes a strategy to provide the additional resource support within
current funding and requests a conversion of 2 part-time FTEs to one full-time FTE. This
proposal results in no additional cost to the City over the next several years. Delaying this
action to incorporate it into the FY 05-06 budget process will perpetuate the critical and
growing backlog of requests for service for an additional 8 months.
■ Considerations:
The purpose of this request is to maintain a high level of quality and productivity, make
effective use of resources, and be cost efficient. Using existing positions and budgeted
funds, the work of the existing Records Management staff can be redirected by (1)
converting the existing part-time Municipal Reference Administrative Assistant to full-time
and (2) outsourcing the micrographics work that the current records management staff
currently performs. Each of these actions is described below and can be achieved through
existing funds:
1. Convert the existing part-time Administrative Assistant position at the Municipal
Reference Library to full-time effective 12/1/04 Having a full-time Administrative
Assistant would allow the administrative and clerical work currently being performed by
Records Management staff to be moved to the Administrative Assistant, thus
increasing the time the Records Management staff has for records management work.
Records Management administrative tasks to be redirected to the full-time
Administrative Assistant include, but are not limited to:
• Prepares and processes of financial and statistical records and documents
• Orders supplies
• Pays invoices
• Enters leave into the City's leave database
• Serves as intake person for City members requesting records
• Re -files records that are returned to Records Management assuring they are in the
appropriate storage boxes.
To accomplish funding of this conversion in FY 2004-05, a vacant part-time Information
Specialist II position currently assigned to the Princess Anne Area Library has been
identified that can be eliminated to provide a portion of the FTE and funding needed this
year. The elimination of this position is a result of the department revisiting the prototype
staffing plan implemented at the Princess Anne Area Library, based on the experience at
that library during the past year.
2. Mitigate future costs by outsourcing micrographics work done by Records Mana ement
personnel. The work associated with micrographics has changed and in some areas
decreased over the years. Outsourcing this work to a private vendor will allow Records
Management staff involved with in-house micrographics to be redirected to records
retrieval and retention.
Records Management currently administers a contract with MicroLabs in the amount of
$19,603 for completing specific microfilming tasks for other City departments. Due to
changes in departments' use, funding needs have changed. A portion of these funds are
available be used to offset the future cost of salary increases and benefits for the full-time
conversion discussed above and the remainder will be used to continue to provide
micrographic services to the City through a State contract (via MicroLabs) instead of by
Records Management staff. There will be some cost avoidance for maintenance contracts
and supplies for equipment currently being used by Records Management personnel for
in-house microfilm requests. Between available contract funds and cost avoidance, there is
sufficient funding to meet the anticipated demands of micrographics during the next 5
years, barring any significant unforeseen increases in requests.
The effect of this restructuring is a budget neutral application, in addition to achieving
significant efficiencies in Records Management operations.
■ Public Information:
Public information will be handled through the normal Council agenda process.
■ Alternatives:
There are several alternatives:
1. Maintain the status quo: In FY 2004, 8,995 records were retrieved within a 24-hour time
frame. The most frequent complaint received regarding records management is that
boxes are not moved from City/State/school offices in a timely fashion. As workload
increases the expeditious retrieval of records is compromised and increased
complaints are inevitable. Maintaining the status quo would not address these
complaints.
2. Increase Records Management Staff: The Records Management/Micrographics
function had 12 staff when the program was established in 1989. Today, five staff
complete the same tasks for the organization. Since the mid-1990s while,
approximately 60% of the staff has been reduced, the organization has grown. There
are 14 additional schools and 7,000 more students since FY 1991. (Student records
are permanent records and must be maintained.) Appropriating additional funds to
increase the records management staff could keep pace with this continued growth.
3. Utilize current resources and funding to restructure workload: Reallocate existing funds
to restructure the workload of Records Management as discussed above. No additional
funding is required and future cost of benefits for this conversion and outsourcing is
being absorbed by existing funds and cost avoidance.
■ Recommendations:
It is recommended that the request to reallocate existing funds to restructure the workload
of Records Management as discussed above be approved. No additional funding is being
requested and future cost of benefits for this conversion is being absorbed by existing
funds and cost avoidance.
■ Attachments:
1. Ordinance
2. Letter from Marcy Sims to Fagan Stackhouse and Catheryn Whitesell dated October
15, 2004
Recommended Action: Approval ,
Submitting Department/Agency: Virginia Beach Public Library
City Manager: E--.�
1 AN ORDINANCE TO CONVERT AN EXISTING
2 PART-TIME POSITION TO FULL-TIME AND
3 ELIMINATE A PART-TIME POSITION IN THE
4 FY 2004-05 OPERATING BUDGET OF THE
5 DEPARTMENT OF LIBRARIES TO IMPROVE
6 EFFICIENCIES IN RECORDS MANAGEMENT
7 OPERATIONS
8
9 WHEREAS, converting an existing part-time position to
10 full-time, combined with eliminating another part-time position and
11 reducing contractual services, will improve efficiencies in the
12 Records Management operation of the Department of Libraries.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That an existing part-time Administrative Assistant
16 position is hereby converted to a full-time position and a part-
17 time Information Specialist II position is eliminated in the FY
18 2004-05 Operating Budget of the Library Department, to improve
19 efficiencies in Records Management operations.
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21 Adopted by the Council of the City of Virginia Beach, Virginia,
22 on the day of 1 2004.
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Approved As to Content:
�a
Managemen Services
CA9421
R2
November 12, 2004
H:\PA\GG\ORDRES\Librayr
Approved As To Legal
Sufficiency:
� low LU._
ity AttorneyOffice
Position Conversion.doc
OUR tia} i
October 15, 2004
Library Administration
Municipal Center, Building 19
zr} 2416 Courthouse Drive
► Virginia Beach, VA 23456-9068
757-427-4321
To: Fagan Stackhouse, Director
Human Resources
Catheryn Whitesell, Director
Management Services
From: Martha J. Sims
Director of Public Libraries
Subject: Restructure of Workload — Records Management/Municipal
Reference - Request for FTE Conversion
Records Management (RM) has been an agency within the Library Department for
approximately one year. Kathy Conroy, Librarian IV and budget unit manager for
Municipal Reference and Records Management has been working with RM personnel
to understand the work that the records management group does and ascertain how
best to effectively and efficiently manage this work and merge the resources available
to advance and augment services to the City and its other customers. Resource
support is needed and this document summarizes strategies and requests a conversion
of 2 part-time FTEs to one full-time FTE.
Background
The records management program was established in the late 1980s with a staffing
complement of 12 FTEs; today, the staffing complement is five members. The current
staff struggles to maintain quality customer service in all areas of records management
because of the decrease in the number of records management staff and the
continuous demand for records management services. Additional resource support is
needed for the work involved with records retrieval and records storage, especially in
the areas of transferring boxes to and from the Records Center and filing and re -filing
records.
Actions and funding to accomplish these objectives
We want to maintain a high level of quality and productivity, effectively use our
resources and be cost efficient. Using existing positions and budgeted funds, we
propose that the work of the existing records management staff be redirected by (1)
upgrading the part-time Municipal Reference Administrative Assistant to full time and
(2) outsourcing the micrographics work that the current records management staff
performs. Each of these actions is described below and can be achieved through
existing funds.
Convert the Administrative Assistant position at the Municipal Reference Library from
part-time to full time effective 11/1/04 A full time Administrative Assistant moves the
administrative and clerical work from the Records Management staff to the
Administrative Assistant, thus increasing the time the Records Management staff has
for records management work. RM administrative tasks to be redirected to the full-time
AA include, but are not limited to:
• Prepares and processes of financial and statistical records and documents
• Orders supplies
• Pays invoices
• Enters leave into the City's leave database
• Serves as intake person for city members requesting records
• Re -files records that are returned to Records Management assuring they are in
the appropriate storage boxes.
To accomplish funding of this conversion in FY 05, we have identified a vacant part-
time IS II position currently assigned to the Princess Anne Area Library which can be
used to provide the FTE and funding this year. The elimination of this IS II position is a
result of the department revisiting the prototype staffing plan implemented at Princess
Anne based on the experience at PA during the past year.
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Action to be taken:
Annual
..
Benefits
Total
Monthly
Available
Salary
Funds for
entire FY
Eliminate
$14,304
$1,094
$15,398
($15,398)
LIS II PT (.50 FTE)
PT00074
Eliminate
$12,959
$991
$13,950
$1,162.50
($9,300)
Admin Asst PT (.50 FTE)
PT00559
Create
$25,919
$9,866
$35,785
$2,982
$23,856
Admin Assistant FT 1.00
FTE
If we effect this conversion November 1, 2004, there would be a surplus of funds in the
amount of:
$842)
IN
Mitigating Future Costs
The second component of this restructuring is o utsourcing of micrographics work done
by Records Management personnel. Implemen-tation of this plan now, will eliminate the
funding request submitted for consideration as a summary program proposal for FY 05-
06 and 06-07.
The work associated with micrographics has changed and in some areas decreased
over the years. We plan to outsource this work to a private vendor and redirect the staff
involved with in-house micrographics to records retrieval and retention Records
management would continue to create film through the use of the Archive Writer,
primarily because the current use is for court documents that are downloaded from a
secure server. However, the processing of original film, as well as the creating and
processing of any duplicate cards and film, would be completed via a State contract.
Records Management currently administers a contract with MicroLabs (a local
microfilming company who is also on the State contract) in the amount of $19, 603 for
completing specific microfilming tasks for other city departments. Due to changes in
departments' use, the funding needs have changed.
A portion of these funds will be used to offset the future cost of salary increases and
benefits for the full-time conversion discussed above and the remainder will be used to
continue to provide micrographic services to the City through the State contract instead
of by Records Management staff. There will be some ancillary cost avoidance for
maintenance contracts and supplies for equipment which is currently being used by
records management personnel for in-house microfilm requests. The remaining funds
and cost avoidance is projected to provide sufficient funding to meet the anticipated
demands of micrographics during the next 5 years, barring any significant unforeseen
increases in requests.
Year:
777
2FY
- . �.Funding
2007-08 FY 2008-09
FY 2009-10
Conversion
$$8$10,282
$11,730
$13,270
Deficit:
Reallocate
($7,639)
{$8,919)
($10,282 )
($i 1,730)
($13,270)
$20,000 from
12053/603407
"Contractual
Services":
Balance for
$12,361
$11,481
$10,526
$9,494
$8,379
outsourcing
micrographics
work:
The conclusive effect of this restructuring is a budget neutral application, with significant
efficiencies built in.
Thank you for your consideration of this request. I would like to make these changes in
structure as soon as possible.
If we can be of further assistance to you we would be happy to do so. Please direct
your questions to me at 427-8244, or Susan Crawford at 427-8792.
Cc: David Sullivan
Lee Hedberg
Regina Hilliard
Gil Forbes
Margaret Grubbs
John Stewart
Deborah Dunford
Dawn Chabrol
Susan R. Crawford
Kathy Conroy
4
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Authority to acquire property in fee simple for London Bridge Road/Tower
Bridge Loop Signal CIP 2-285.186 including temporary and permanent easements,
either by agreement or condemnation.
MEETING DATE: November 23, 2004
■ Background: The residents of the Castleton neighborhood requested a signal
at the intersection of London Bridge Road/Tower Bridge Loop which is the entrance to
the neighborhood. The Department of Public Works completed a signal analysis of the
intersection and determined that the signal warrants were met. As a result, a project to
design and construct a signal at London Bridge Road/Tower Bridge Loop was added to
the Traffic Safety Improvement Program. At this time, only three permanent traffic
control easements and two temporary construction easements are required to construct
the project.
■ Considerations: The Department of Public Works is requesting that City
Council grant the authority to acquire property for London Bridge Road/Tower Bridge
Loop Signal CIP 2-285.186 including temporary and permanent easements, either by
agreement or condemnation.
■ Public Information: Advertisement of City Council Agenda. In addition, the
project was discussed with the Castleton Homeowner's Association.
■ Alternatives: Deny the request for authority to acquire, by agreement or
condemnation, the property (including temporary and permanent easements)
associated with the project.
■ Recommendations: Approve the request for authority to acquire, by agreement
or condemnation, all of the property (including temporary and permanent easements)
associated with the project.
■ Attachments: Ordinance, Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager V- j�,p
1 AN ORDINANCE TO AUTHORIZE ACQUISITION
2 OF PROPERTY IN FEE SIMPLE FOR LONDON
3 BRIDGE ROAD/TOWER BRIDGE LOOP SIGNAL
4 PROJECT CIP 2-285.186 AND THE ACQUISITION
5 OF TEMPORARY AND PERMANENT
6 EASEMENTS, EITHER BY AGREEMENT OR
7 CONDEMNATION
e
9
10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
11 necessity exists for the construction of this important roadway project to improve transportation
12 within the City and for other related public purposes for the preservation of the safety, health, peace,
13 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Council authorizes the acquisition by purchase or condemnation
17 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of
18 Virginia of 1950, as amended, of all that certain real property, including temporary and permanent
19 easements, and the improvements thereon (the "Property"), as shown on the plans entitled "London
20 Bridge Road/Tower Bridge Loop Signal Control No. 476 Signalization, Signing and Marking Plan",
21 (the "Project") and more specifically described on the acquisition plats for the Project (plats and
22 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division,
23 Department of Public Works, City of Virginia Beach, Virginia.
24 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
25 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners
26 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to
27 institute proceedings to condemn said Property.
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Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2004.
CA 9396
PREPARED: November 3, 2004
APPROVED AS TO CONTENT
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Authority to acquire property in fee simple for Baker Road/Hampshire Lane
Signal CIP 2-285.073 including temporary and permanent easements, either by
agreement or condemnation.
MEETING DATE: November 23, 2004
■ Background: This project is part of the Traffic Safety Improvement Program.
This project will upgrade the existing span wire traffic signal at the intersection of Baker
Road and Hampshire Lane to a mast arm traffic signal. The span wire is in conflict with
the overhead utility lines, which is eliminated with the mast arm poles. Maintenance
costs are also larger for a span wire signal than compared to the mast arm poles. In
addition, the project will provide several safety upgrades including emergency vehicle
preemption and LED signals. At this time, only four permanent traffic control easements
are required to construct the project.
■ Considerations: The Department of Public Works is requesting that City
Council grant the authority to acquire property for Baker Road/Hampshire Lane Signal
CIP 2-285.073 including temporary and permanent easements, either by agreement or
condemnation.
■ Public Information: Advertisement of City Council Agenda.
■ Alternatives: Deny the request for authority to acquire, by agreement or
condemnation, the property (including temporary and permanent easements)
associated with the project.
■ Recommendations: Approve the request for authority to acquire, by agreement
or condemnation, all of the property (including temporary and permanent easements)
associated with the project.
■ Attachments: Ordinance, Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works.
City Manager: j ' Nw-'�
1 AN ORDINANCE TO AUTHORIZE ACQUISITION
2 OF PROPERTY IN FEE SIMPLE FOR BAKER
3 ROAD/HAMPSHIRE LANE SIGNAL CIP 2-285.073
4 AND THE ACQUISITION OF TEMPORARY AND
s PERMANENT EASEMENTS, EITHER BY
6 AGREEMENT OR CONDEMNATION
a
9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
10 necessity exists for the construction of this important roadway project to improve transportation
11 within the City and for other related public purposes for the preservation of the safety, health, peace,
12 good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City Council authorizes the acquisition by purchase or condemnation
16 pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et sec., and Title 25.1 of the Code of
17 Virginia of 1950, as amended, of all that certain real property, including temporary and permanent
18 easements and the improvements thereon, (the "Property"), as shown on the plans entitled "Baker
19 Road/Hampshire Lane Signal" (the "Project") and more specifically described on the acquisition
20 plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file
21 in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia.
22 Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
23 of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners
24 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to
25 institute proceedings to condemn said Property.
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
2004.
CA 9397
PREPARED: November 3, 2004
APPROVED AS TO CONTENT
Qvw� C. o S
84bNATURE
Pm k6A) E,a
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
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PKEPAKED BY PAW ENG. CADD DEPT. OCT. 12, 2004
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Addressing Small, Woman -Owned and Minority Business Initiatives
MEETING DATE: November 23, 2004
■ Background: The Minority Business Council continuously reviews data
associated with the effectiveness of the City's procurement / contracting
processes and procedures to facilitate small, minority and woman -owned
business participation. Total payments to minorities and women -owned
businesses remain low over the time period from FY-00 to FY-03. At its August
2004 Retreat, City Council identified minority initiatives as one of its top priorities.
■ Considerations:
City staff and the Minority Business Council have developed proposals for the
following actions:
• increase the accountability of prime contractors for adhering to proposed plans
for utilizing minority subcontractors;
• ensure that known available minority and woman -owned owned vendors are
informed of pending solicitations for goods or services;
• shorten the time for payments for goods and services to be processed, and thus
improve cash flow for small businesses;
• to the extent practicable, break large contracts into smaller ones to increase
opportunities for small businesses;
• explore providing business development assistance in the form of loan programs,
bonding, counseling and related services;
• improve the City's vendor database, since different databases currently exist in
various city departments; and
• increase the amount of City resources, including staffing, dedicated to improving
minority business development and participation in city contracts.
■ Public Information:
This process includes discussion and feedback from the Minority Business
Council. Public Information will be handled through the normal agenda process.
■ Alternatives:
1. Continue with the current program
2. Strengthen Procurement Processes and Programs
3. Conduct Disparity Study
■ Recommendations:
Adoption of Ordinance. Following City Council's discussion at the November 16,
2004 workshop, the attached ordinance was amended to require a program
evaluation after three years.
■ Attachments:
Ordinance
Policy Report: Addressing Small, Women -Owned and Minority Business
Initiatives
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Finance
City Manager: ��-
1 AN ORDINANCE TO ESTABLISH
2 INITIATIVES TO IMPROVE PARTICIPATION
3 BY MINORITY -OWNED, WOMAN -OWNED AND
4 SMALL BUSINESSES IN CITY CONTRACTS
5 AND TRANSFER $50,000 TO BEGIN
6 IMPLEMENTATION OF THESE PROPOSALS
24 WHEREAS, City Council identified minority business initiatives
25 as one of its top priorities at its August, 2004 retreat; and
26 WHEREAS, City staff and the Minority Business Council have
27 developed a series of proposals designed to improve the City's
28 procurement processes and increase participation by minority, woman-
29 owned and small businesses.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 1. That the City Manager and staff are hereby directed to take
33 the following actions to improve participation by minority and woman-
34 owned firms in city contracts:
35 a) increase the accountability of prime contractors for
36 adhering to proposed plans for utilizing'minority subcontractors;
37 b) ensure that known available minority and woman -owned
38 owned vendors are informed of pending solicitations for goods or
39 services;
40 c) shorten the time for payments for goods and services
41 to be processed, and thus improve cash flow for small businesses;
42
d)
to the extent practicable,
break
large contracts into
43
smaller ones
to increase opportunities for
small
businesses;
44
45
46
47
48
49
50
51
52
53
54
e) explore providing business development assistance in
the form of loan programs, bonding, counseling and related services;
f) improve the City's vendor database, since different
databases currently exist in various city departments; and
g) increase the amount of City resources, including
staffing, dedicated to improving minority business development and
participation in city contracts.
2. That $50,000 is hereby transferred from General Fund
Reserve for Contingencies to the Department of Finance's FY 2004-05
Operating Budget to fund one full-time permanent position to begin
implementation of this program.
55
3.
That the Finance Department shall report annually on
the
56
effects
of these initiatives to the City Council, and that the
City
57 Council shall re-evaluate this program in three years.
59
Adopted
by the Council
of the City of Virginia Beach, Virginia
60
on the
day of ,
2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
anagem nt ervices City Attorne 's Office
CA9436
R4
H:\PA\GG\ORDRES\Minority Business Initiative Ord.doc
November 12, 2004
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Baymark Golf, L.L.C. — Modification of Proffers
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Baymark Golf, L.L.C. for a Modification of Proffers
for a Rezoning to Conditional PD-111 approved by City Council on May 11, 1999 and
June 26, 2001 (Baymark Construction Corp.). Property is located at the southeast
intersection of Signature Circle and Signature Drive (GPIN 14938582900000).
DISTRICT 7 — PRINCESS ANNE
■ Considerations:
The Conditional Change of Zoning from AG-1 and AG-2 and R-40 Districts to
PD-H1 Planned Development District was approved by the City Council on May
11, 1999. The original development plan approved in 1999 showed the subject
site as part of a mixed use area that was designed around the circle. This
original plan showed several multistory buildings containing neighborhood office
and retail uses on the ground floor with residential condominiums above.
On June 26, 2001, a modification to the original development plan and proffers
was approved by City Council that eliminated the multistory buildings from the
plan and reduced the size of the neighborhood commercial area. A smaller
neighborhood commercial area was shown on the western side of the circle. The
eastern side of the circle was designated as "community green space".
A modification to Proffers 2 and 3 of the prior rezonings is now being requested
to allow the construction of a multi -purpose building in the area south of
Signature Drive. This area is currently designated as Community Green Space.
The proposed site plan shows an 8,561 square foot building with 2,400 square
feet of outdoor decking. A future 2,000 square foot building addition is also
shown. A parking lot in front of the building is also shown on the proposed plan.
The applicant has provided architectural elevations for the new building that
show that the structure will be similar in style to the existing Signature Grill and
clubhouse. The height of the structure is shown at 25 feet. The building will be
available for use by the community for meetings, events and neighborhood
gatherings.
Item #2
Baymark Golf, L.L.C.
An Ordinance upon Application of Baymark Golf, L.L.C. for a
Modification of Proffers for a Rezoning to Conditional PD-H1
Southeast Intersection of Signature Circle and Signature Drive
District 7
Princess Anne
October 13, 2004
CONSENT
William Din: The next item on consent agenda is Item #2. This is Baymark Golf, L.L.C.
This is a Modification of Proffers for a Rezoning to Conditional PD-111, which was
approved on May 11, 1999 and June 26, 2001. The property is located at the southeast
intersection of Signature Circle and Signature Drive. This is located in the Princess Anne
District.
Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney
representing the applicant and we can appreciate this item being placed on the consent
agenda.
William Din: Thank you. Is there any opposition to placing this on consent? If not, Mr.
Barry Knight will explain this item.
Barry Knight: This original plan showed several multi story buildings containing offices
and retail uses on the ground floor with residential condos above and the applicant would
like to change that to a community center possibly to be used for weddings and special
events. In keeping with the character of the neighborhood the golf course and Transition
Area we feel like it's an appropriate use of the land so therefore we put it on the consent
agenda.
William Din: Thank you Barry. Madame Chair, I would like to make a motion to
approve the following consent agenda item, Item #2 Baymark Golf, L.L.C., for a
Modification of Proffers for rezoning to Conditional PD-HI that was previously
approved by City Council. This is in the Princess Anne District.
Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by
Ms. Katsias.
AYE 11
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
NAY 0 ABS 0 ABSENT 0
Item #2
Baymark Golf, L.L.C.
Page 2
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the
Board.
Zoninq History
Modification of Protters
# I DATE REQUEST I ACTION
1 05/11/99 REZONING from AG-1/2 & R-40 to PDH1 GRANTED
Planned Development and P-1 Preservation
District
2 06/26/01 MODIFICATION OF PROFFERS GRANTED
i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Mizpeh Church of the Living God — Conditional Use Permit
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Mizpeh Church of the Living God for a
Conditional Use Permit for a church on property located at 1064 Lynnhaven
Parkway, Suite 109 (GPIN 14961135630000). DISTRICT 6 — BEACH
■ Considerations:
The church received their Conditional Use Permit to occupy a suite of an existing
shopping center in November of 2001. The Conditional Use Permit was
conditioned to be for a period of three (3) years. The three year period expires in
November. The church is, therefore, requesting a new Conditional Use Permit.
Staff has received no complaints regarding the church's operation at this
location.
The use has been and continues to be compatible to the surrounding uses in the
shopping center since their Conditional Use Permit in November of 2001 to
occupy a suite in the shopping center.
There was no opposition to this application.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following condition:
Church gatherings shall be limited to Sundays between 8:00 AM and
2:00 PM and Wednesday and Friday evenings between 6:00 PM and
9:00 PM. No more than 50 people shall be present at the church during
any church gathering. No more than 25 people shall be present at any
other time.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
�I XPEH CHURCH OF THE LIVING GOD
�a
Agenda Item # 7
hR October 13, 2004 Public Hearing
Staff Planner: Karen Prochilo
REQUEST: Conditional use permit for a church.
LOCATION: Property
located at
1064
Lynnhaven
Parkway
Suite 109.
Ma Map-q,e Miz eh Church of the Livinig God
31
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GPIN: 14961135630000
COUNCIL
ELECTION
DISTRICT: 6 - BEACH
SITE SIZE: Part of a 2.3 acre shopping center
1142 square feet (proposed area)
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 1
EXISTING Commercial shopping center (Lynnway Place) zoned B-2 Community
LAND USE: Business District.
SURROUNDING North: •
Across Lynnhaven Parkway, private club / 0-2
LAND USE AND
Office District
ZONING: South: •
London Bridge Creek borders the property and
beyond this is Scarborough Square — a townhouse
development/ A-12 Apartment District
East: •
Retail sales / PD-H1 Planned Development
West: •
London Bridge Creek borders the property and
beyond this is Scarborough Square a townhouse
development / A-12 Apartment District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES: There are no significant natural resources or cultural features.
AICUZ: The site is in an AICUZ of greater than 75 dB Ldn and Accident
Potential Zone II surrounding NAS Oceana. NAS Oceana does not
have objections to the renewal of this Conditional Use Permit, as the
use currently exists.
Summary Of 'roposal
The church received their Conditional Use Permit to occupy a suite of an existing
shopping center in November of 2001. The Conditional Use Permit was conditioned to
be for a period of three (3) years. The three year period expires in November. The
church is, therefore, requesting a new Conditional Use Permit. Staff has received no
complaints regarding the church's operation at this location.
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item# 7
Page 2
E
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
• Consistency with the recommendations of the Comprehensive Plan for this area.
• Compatibility of the proposed use with the surrounding uses in the shopping
center.
Comprehensive Plan
The Comprehensive Plan recognizes this site as being within the "Primary Residential
Area" with a goal of preserving and protecting the overall character, economic value and
aesthetic quality of stable neighborhoods. The Plan recognizes that appropriately
located and designed non-residential uses are compatible within the Primary
Residential Area.
Staff Evaluation
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above.
(1) The use has been consistent with the recommendations of the Comprehensive
Plan regarding Primary Residential Area.
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 3
(2) The use has been compatible with the surrounding uses in the shopping center
since their Conditional Use Permit in November of 2001 to occupy a suite in the
shopping center.
Staff, therefore, recommends approval of this request subject to the condition below.
Conditions
Church gatherings shall be limited to Sundays between 8:00 AM and 2:00 PM
and Wednesday and Friday evenings between 6:00 PM and 9:00 PM. No more
than 50 people shall be present at the church during any church gathering. No
more than 25 people shall be present at any other time.
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.
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 4
Supplemental Information
Zoning History
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DATE
REQUEST
ACTION
1
3/10/92
Modification to Land Use Plan (temporary church)
Approved
2
2/25/92
Conditional Rezoning (R7.5 Residential to 0-2 Office)
Approved
3
1/22/91
Street Closure
Approved
8/21/90
Conditional Use Permit (auto sales)
Approved
6/23/86
Conditional Use Permit (auto sales)
Approved
9/09/85
Conditional Use Permit (tire sales and installation)
Approved
4
1/11/82
Rezoning (PD-H Planned Development to PD-H1
Approved
Planned Development)
5
6/20/77
Conditional Use Permit (skateboard park)
Approved
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 5
Public Agency Comments
Public Works
Master Lynnhaven Parkway in the vicinity of this application is
Transportation Plan currently a four lane divided major arterial (suburban)
MTP : roadway. The facility in this vicinity is designated on the
MTP as a 120 foot divided roadway. There is a Capital
Improvement Program to improve this facility to a six lane
divided highway.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Lynnhaven
41,000
32,500-
No change, as the use
Parkway
ADT'
ADTO
already exists.
4 —nno Anil\/ Trins
Water and Sewer: TThis site is connected to City water and sewer.
Public School Not applicable — No comments.
Public Utilities
Public Schools
Public Safety
Police: The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strategies as they pertain to this site.
Fire and Rescue: I Adequate.
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 6
Exhibits
Exhibit A
Aerial of Site
Location
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # -7
Page 7
I v
Exhibit 8
Site Plan
showing church
location
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 8
Exhibit C
PHOTOGRAPH
OF EXISTING
FXTFRInR
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 9
Exhibit D
Bird's Eye View
of Photograph
MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 10
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MIZPEH CHURCH OF THE LIVING GOD
Agenda Item # 7
Page 11
Item #7
Mizpeh Church of the Living God
Conditional Use Permit
1064 Lynnhaven Parkway, Suite 109
District 6
Beach
October 13, 2004
REGULAR
Joseph Strange: The next item is Item #7 Mizpeh Church of the Living God. It's an
Ordinance upon Application of Mizpeh Church of the Living God for a Conditional Use
Permit for a church on property located 1064 Lynnhaven Parkway.
Dorothy Wood: Sir, you can go right out that door if you want.
Eunice Mitchell: Thank you. Good afternoon. My name is Eunice Mitchell. I'm the
Pastor of Mizpeh Church of the Living God and this is Chester Creekmore. He's the
Assistant Pastor. First of all I made a little boo-boo this morning when I first came in. I
signed the opposition card outside not to oppose the church but to oppose the amount of
people that I was allowed in the church. We were allowed only 15-25, which causes a
great inconvenience to us. W e couldn't meet with any other churches. We couldn't do
anything because we tried to stay within the limits that were given to us in the guidelines,
which was given to us. What we're asking this morning if you would be kind enough to
increase the amount for us so we could get some things done. At the present condition
we can't do anything with 15-25. We just can't do anything so we're simply just asking
for an increase.
Dorothy Wood: You're Mrs. Mitchell?
Eunice Mitchell: Yes ma'am.
Kathy Katsias: How many people are you requesting? What would you like to increase
it to?
Eunice Mitchell: Well our suite that we have can comfortably seat up to maybe 70-80
people but I know that would probably be, I don't think you're going to go along with it
but if you would give us 50 or so we would appreciate it.
Stephen White: Madame Chairman?
Dorothy Wood: Yes Dr. White.
Stephen White: We were aware of the applicant's desire to have 50 prior to this. The
issue we had was to make sure that the Navy was comfortable with 50 because this is in
an accident potential zone. The Navy was okay with the same number. The Navy has
Item #7
Mizpeh Church of the Living God
Page 2
since informed us after the report has been published that they're comfortable with 50.
So if you wanted to change condition #1 so the number "25" changed to "50" and the
number "15" changed to "25", staff is fine with that and I think that is what the applicant
is desirable of.
Dorothy Wood: Thank you Dr. White.
Eunice Mitchell: Thank you very much.
Robert Miller: I'd like to make a motion to approve Item #7 and to increase the number
of people to 50.
Dorothy Wood: Thank you. Do I hear a second?
Barry Knight: Second.
Eunice Mitchell: Thank you very much.
Chester Creekmore: God bless.
Dorothy Wood: God bless you.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, the application of Mizpeh Church of the Living God has
been approved by the Board.
Me Maptg le Miz eh Church of the Livinig God
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DATE
REQUEST
I ACTION
1
3/10/92
Modification to Land Use Plan (temporary church)
Approved
2
2/25/92
Conditional Rezoning (R7.5 Residential to 0-2
Approved
Office)
3
1/22/91
Street Closure
Approved
8/21/90
Conditional Use Permit (auto sales)
Approved
6/23/86
Conditional Use Permit (auto sales)
Approved
9/09/85
Conditional Use Permit (tire sales and installation)
Approved
4
1/11/82
Rezoning (PD-H Planned Development to PD-H1
Approved
Planned Development)
5
6/20/77
Conditional Use Permit (skateboard park)
Approved
,r-�Nia segti
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Saint James Missionary Church — Conditional Use Permit
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Saint James Missionary Church for a
Conditional Use Permit for a church on property located at 5277 Princess Anne
Road, Suite 311 (GPIN 14665951890000). DISTRICT 2 — KEMPSVILLE
■ Considerations:
The church received their Conditional Use Permit to occupy a suite of an existing
shopping center in December of 2001. The Conditional Use Permit was
conditioned for a period of three (3) years. The church is requesting a new
Conditional Use Permit. Staff has received no complaints regarding the church's
operation within this center. The use has been and continues to be compatible
with the surrounding uses in the shopping center since the Conditional Use
Permit was approved in December of 2001 to occupy a suite in the shopping
center.
The Planning Commission placed this item on the consent agenda because it is
an existing use and has operated for the past three years in a manner compatible
with the surrounding neighborhood.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following condition:
1. The applicant is limited to one hundred (100) seats in the sanctuary.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Saint James Missionary Church
Page 2 of 2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: V b`�'�
SAINT JAM ES
MISSIONARY CHURCH
�• Agenda Item # 16
October 13, 2004 Public Hearing
Staff Planner: Karen Prochilo
REQUEST: Conditional Use Permit for a Church.
LOCATION: Property
located at
5277
Princess
Anne Road,
Unit 311.
,tit°p cul Church
M NSaint ames iO
nq
10
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GPIN: 14665951890000
COUNCIL
ELECTION
DISTRICT: 2 - KEMPSVILLE
SITE SIZE: Part of a 5.7 acre shopping center
SAINT JAMES MISSIONARY CHURCH
Agenda Item #,16
Page 1
1,800 square feet (proposed area)
EXISTING Commercial shopping center (Kempsville Plaza Shopping Center)
LAND USE: zoned B-2 Community Business District.
SURROUNDING • Across Princess Anne Road, a strip shopping
LAND USE AND North: center / B-2 Community Business District
ZONING: . Warehouses and the Eastern Branch of the
Elizabeth River / B-2 Community Business District
South: and R-10 Residential District
Eastern Branch of the Elizabeth River/ R-10
East: Residential District
Across South Parliament Drive, single-family
West: dwellings / R-10 Residential District
NATURAL
RESOURCE
AND
CULTURAL There are no significant natural resources or cultural features on the
FEATURES: site. The site is next to the Eastern Branch of the Elizabeth River.
AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary Of Proposal
The church received their Conditional Use Permit to occupy a suite of an existing
shopping center in December of 2001. The Conditional Use Permit was conditioned for
a period of three (3) years. The church is requesting a new Conditional Use Permit.
Staff has received no complaints regarding the church's operation within this center.
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
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.
• Consistency with the recommendations of the Comprehensive Plan for this area.
• Compatibility of the proposed use with the surrounding uses in the shopping
center.
Comprehensive Plan
The Comprehensive Plan recognizes this site as within the "Primary Residential Area"
with a goal of preserving and protecting the overall character, economic value and
aesthetic quality of stable neighborhoods. The Plan recognizes that some non-
residential uses are compatible within the Primary Residential Area.
Staff Evaluation
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above.
(1) The use has been consistent with the recommendations of the Comprehensive
Plan regarding Primary Residential Area.
(2) The use has been compatible with the surrounding uses in the shopping center
since their Conditional Use Permit in December of 2001 to occupy a suite in the
shopping center.
Staff, therefore, recommends approval of this request.
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 3
Conditions
1. The applicant is limited to one hundred (100) seats in the sanctuary.
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.
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 4
sue::
Supplemental In orrnatien
Zoning History
� 7 Y
map CD 8 Saint 1 i
Map Not to Scale
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# I
DATE
REQUEST
ACTION
1
2/13/01
Conditional Use Permit (church)
Approved
5/23/93
Conditional Use Permit (church)
Approved
5/13/75
Conditional Use Permit (amusement arcade)
2/28/72
Conditional Use Permit (350 seat theater)
Approved
2/12/65
Rezoning (Limited commercial C-1-1 to General
commercial C-G2)
Approved
2
5/27/97
Rezoning (Residential R-10 to Conditional Apartment
A-18 and Business B-2 to Conditional Apartment A-18)
Approved
3
5/12/92
Conditional Use Permit (auto repair)
Approved
4
2/12/90
Conditional Use Permit (car wash)
Approved
5
7/03/89
Conditional Use Permit (church)
Approved
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 5
6 5/23/88 Rezoning (Residential R-10 to Business B-1 A) Approved
Public Agency Comments
Public Works
Master Princess Anne Road in the vicinity if this application is
Transportation Plan currently a four lane divided urban arterial. The facility in
MTP : this area is designated on the MTP as a 100 foot divided
right of way.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity_
Generated Traffic
Level of Service
C - 14,800 ADT'
No change, as the
Princess
36,000
Level of Service
church currently
Anne Road
ADT
D - 22,800 ADT'
operates on the
Level of Service
site.
E- 27,400 ADT'
Avararra ngily Trios
Water and Sewer: This site is connected to City water and sewer.
School Not a licable — No comments.
Public Utilities
Public Schools
Public Safety
Police: The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strategies as they pertain to this site.
Fire and Rescue: I Adequate — no additional comments.
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 6
Exhibits
Exhibit A
Aerial of Site
Location
SAINT JAMES MISSIONARY CHURCH
Agenda Item #-16
Page 7
Hif -
wil
Olt,
.50UTM POLIAMENT DRIVE "'
Vif 111 '4111 71'r
I
l!"M 1!, 2
H
I
Exhibit 8
Proposed Site
Plar
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 8
Exhibit C
Photograph of
Existing Exterior
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 9
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Exhibit D
Disclosure
Statement
SAINT JAMES MISSIONARY CHURCH
Agenda Item # 16
Page 10
Zoning History
CUP for Church
#
I DATE
IREQUEST
ACTION
1 2/13/01
Conditional Use Permit (church)
Approved
5/23/93
Conditional Use Permit (church)
Approved
5/13/75
Conditional Use Permit (amusement arcade)
2/28/72
Conditional Use Permit (350 seat theater)
Approved
2/12/65
Rezoning (Limited commercial C-L1 to General
commercial C-G2)
Approved
2 5/27/97
Rezoning (Residential R-10 to Conditional
Apartment
Approved
A-18 and Business B-2 to Conditional Apartment
A-18)
3 5/12/92 Conditional Use Permit (auto repair) Approved
4 2/12/90 Conditional Use Permit (car wash) Approved
5 7/03/89 Conditional Use Permit (church) Approved
6 5/23/88 Rezoning (Residential R-10 to Business B-1A) Approved
Item # 16
Saint James Missionary Church
Conditional Use Permit
5277 Princess Anne Road, Unit 311
District 2
Kempsville
October 13, 2004
CONSENT
William Din: Our next item is Item #16 Saint Jaynes Missionary Church. This is a
request for a Conditional Use Permit for a church on property located at 5277 Princess
Anne Road, Suite 311. This is in the Kempsville District. There is one condition
associated with this.
Sidney Davis: How are you doing? Good afternoon. To the Chair and all members of
the Planning Commission, my name is Sidney Davis. I'm the Pastor of Saint James
Missionary Church and we are in agreement with the conditions that have been set for the
renewal of our Conditional Use Permit.
William Din: Thank you Mr. Davis. Is there any opposition to this item? If not, Don
Horsley is going to give further comment.
Donald Horsley: Thank you Will. In December 2001, the Conditional Use Permit was
issued for the establishment of this church. They had a three-year time limit. This is
basically the reason why it came back before us again today because of the time limit on
it. They have a good track record. They seem like they're doing a good job and we see
no reason and there is no opposition from the neighborhood. We don't see no reason
other than to reissue the permit.
William Din: Thank you Don.
Sidney Davis: Thank you.
William Din: Thank you sir. Madame Chair, I would like to make a motion to approve
the following consent agenda item, Item #16 Saint James Missionary Church for a
Conditional Use Permit for a church on property located at 5277 Princess Anne Road,
Suite 311 in the Kempsville District with one condition.
Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by
Ms. Katsias.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON AYE
CRABTREE AYE
Item #16
Saint James Missionary Church
Page 2
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the
Board.
r�G�N�1 BFq � 7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Refuge Christian Church — Conditional Use Permit
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of City of Refuge Christian Church for a
Conditional Use Permit for a church and child care education center on property
located at 3420 Holland Road, Suites 103-105 (GPIN 14868230880000).
DISTRICT 3 — ROSE HALL
■ Considerations:
The church use currently exists on this site. The church use was granted a
Conditional Use Permit to operate on November 27, 2001. A three-year limit set
in 2001 means that the Conditional Use Permit must be renewed in order to
continue to operate past November 2004. The applicant is requesting a renewal
of the Conditional Use Permit at this time and, in addition, is requesting approval
for a small childcare center within the church. The childcare center would be
operated under the Commonwealth of Virginia provisions for child care with a
religious exemption, which allows the church to operate the center without
providing an outdoor play area.
There are no parking problems or land use compatibility issues with the proposed
church use that has existed within this retail center for three years. There is
adequate room to operate a day care / preschool center in conjunction with the
church, which provides an essdntial service to the surrounding community.
The Planning Commission placed this item on the consent agenda because it is
an existing use and has been operating in a manner that is compatible with
surrounding uses, Staff recommended approval, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The applicant shall obtain all necessary permits, inspections and
approvals from the Fire Department and the Permits and Inspections
Division of the Planning Department before occupancy of the building
for the child care center. A Certificate of Occupancy for the use shall
City of Refuge Christian Church
Page 2 of 2
be obtained from the Permits and Inspections Division of the Planning
Department.
2. As stated by the applicant, the center will be operated under the
Commonwealth of Virginia provisions for child care with a religious
exemption and no outdoor play area will be utilized.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department Vw
City Manager:
�� .1.
CITY OF REFUGE
CHRISTIAN CHURCH
Agenda Item # 23
October 13, 2004 Public Hearing
Staff Planner: Barbara J. Duke
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Conditional Use Permit for a church and child care education center
3420 Holland road,
Suites 103-105
148682330880000
3 — ROSE HALL
w v ... - - �� • i , • � A4 rah � a. '�
9
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CITY OF REFUGE
Agenda Item #-23
Page 1
SITE SIZE: 14,843 square feet
EXISTING
LAND USE: Retail/office center
SURROUNDING North: • Church / A-12 Apartment District
LAND USE AND South: • Office / 0-2 Office District
ZONING: East: • Office / 0-2 Office District
West: • Auto Sales / B-2 Community Business District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES: None
AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
The proposed use is compatible within this AICUZ as long as
measures to achieve noise level reductions are incorporated.
Summary of 'roposa
The church use currently exists on this site. The church use was granted a Conditional
Use Permit to operate on November 27, 2001 subject to the following conditions.
1. All necessary permits and inspections, and a certificate of occupancy, shall be
obtained from the Permits and Inspections Division of the City of Virginia Beach
Planning Department before occupancy and use of the units as a church.
2. The Conditional Use Permit is valid for 3 years.
The three-year limit set in 2001 means that the Conditional Use Permit must be
renewed in order to continue to operate past November 2004. The applicant is
requesting a renewal of the Conditional Use Permit at this time and, in addition, is
requesting approval for a small child care center within the church. The child care
center would be operated under the Commonwealth of Virginia provisions for child care
with a religious exemption, which allows the church to operate the center without
providing an outdoor play area.
CITY OF REFUGE
Agenda Item # 23
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 surrounding uses.
Comprehensive "an
The Comprehensive Plan designates this area as being part of 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 neighborhoods should serve as a guide when
considering future development.
Staff Evaluation
Staff recommends approval of this request.
Staff's evaluation of this reques each of the 'Major Issue' identified above. There are no
parking problems or land use compatibility issues with the proposed church use that has
existed within this retail center for three years. There is adequate room to operate a day
care / preschool center in conjunction with the church, which provides an essential
service to the surrounding community.
CITY OF REFUGE
Agenda Item # 23
Page 3
Staff, therefore, recommends approval of this request subject to the following
conditions.
Conditions
The applicant shall obtain all necessary permits, inspections and approvals from
the Fire Department and the Permits and Inspections Division of the Planning
Department before occupancy of the building for the child care center. A
Certificate of Occupancy for the use shall be obtained from the Permits and
Inspections Division of the Planning Department.
2. As stated by the applicant, the center will be operated under the Commonwealth
of Virginia provisions for child care with a religious exemption and no outdoor
play area will be utilized.
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.
CITY OF REFUGE
Agenda Item # 23
Page 4
Supplemental Information""
Zoninq History
#
I DATE
REQUEST
ACTION
1 04/23/90
REZONING from 0-2 Office to B-1A Neighborhood
GRANTED
Business
11/22/94
CONDITIONAL USE PERMIT (church)
GRANTED
10/10/00
CONDITIONAL USE PERMIT (church)
GRANTED
11/27/01
CONDITIONAL USE PERMIT (church)
GRANTED
2 05/02/92
CONDITIONAL USE PERMIT (church)
GRANTED
3 02/27/84
CONDITIONAL USE PERMIT (mini -warehouse)
GRANTED
4 08/19/85
CONDITIONAL USE PERMIT (auto sales and repair)
GRANTED
CITY OF REFUGE
Agenda Item #, 23
Page 5
Public Agency Comments
No Comments
Water: This site is currently connected to City water.
Sewer: This site is currently connected to City sewer.
Public Works
Public Utilities
Public Safety
Police: The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strategies as the pertain to this site.
Fire and Rescue: The Fire Department will review the detailed plans during
the permitprocess.
CITY OF REFUGE
Agenda Item # 23
Page 6
Exhibits
Exhibit A
Aerial of Site
Location
CITY OF REFUGE
Agenda Item # 23
Page 7
I
Exhibit B
Existing Site
Layout
CITY OF REFUGE
Agenda Item # 23
Page 8
Exhibit C
Photograph of
Existing Church
CITY OF REFUGE
Agenda Item # 23
Page 9
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Exhibit D
Disclosure
Statement
CITY OF REFUGE
Agenda Item # 23
Page 10
Zoning History
#
I DATE
REQUEST
ACTION
1 04/23/90
REZONING from 0-2 Office to B-1A
GRANTED
Neighborhood Business
11/22/94
CONDITIONAL USE PERMIT (church)
GRANTED
10/10/00
CONDITIONAL USE PERMIT (church)
GRANTED
11/27/01
CONDITIONAL USE PERMIT (church)
GRANTED
2 05/02/92 CONDITIONAL USE PERMIT (church) GRANTED
3 02/27/84 CONDITIONAL USE PERMIT (mini -warehouse) GRANTED
4 08/19/85 CONDITIONAL USE PERMIT (auto sales and GRANTED
repair)
Item #23
City of Refuge Christian Church
Conditional Use Permit
3420 Holland Road, Suites 103-105
District 3
Rose Hall
October 13, 2004
CONSENT
William Din: The last item that I have on consent is Item #23. This is the City of Refuge
Christian Church. It's an application for a Conditional Use Permit for a church and child
care education center on property located at 3420 Holland Road, Suite 103-105 in the
Rose Hall District. There are two conditions.
Bishop Joseph Stallings: Good afternoon Madame Chairman, Mr. Vice Chairman and
each and everyone of the Planning Commission. We do agree with the conditions that
are set before us. We appreciate you putting us on the consent list. My name is Bishop
Joseph Stallings.
William Din: Thank you Mr. Stallings.
Bishop Joseph Stallings: Okay. Thank you.
William Din: Is there any opposition to this item being on consent? If not, Don Horsley
will please explain it.
Donald Horsley: Here again we have a favorable recommendation from the staff and this
is an item for a Conditional Use Permit which was issued in November 2001, and it again
runs again on a three year time limit. The time is closely expired. The only change to
this is that the church is petitioning to operate a child care center and this child care
center would be operated under the Commonwealth of Virginia for reasons of child care
with a religious exception, which allows the church to operate the center with them
providing an outdoor play area. They got conditions that relate to these and I understand
that the church is operating in a very sensible way and they're doing a great job. We feel
like that they deserve to be put on the consent agenda.
William Din: Thank you Don. Madame Chair, I would like to make a motion to approve
the following consent agenda item, Item #23 City of Refuge Christian Church for a
Conditional Use Permit for a church and child care education center on property located
at 3420 Holland Road, Suite 103-105 in the Rose Hall District with two conditions.
Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by
Ms. Katsias.
AYE 11 NAY 0 ABS 0 ABSENT 0
Item #23
City of Refuge Christian Church
Page 2
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the
Board.
Dorothy Wood: Thank you all for coming.
Zoninq History
#
DATE
REQUEST
ACTION
1
1-2-62
Rezoning (Residence Suburban District 3 to
Approved
Limited Commercial District 2)
2
10-12-
Conditional Use Permit (Motor Vehicle Sales and
Approved
93
Service)
3
6-27-95
Conditional Use Permit (Auto Repair)
Approved
4
5-23-00
Reconsideration of Re R
zoning equest Approved
3-7-00 Rezoning (1-1 Light Industrial to Conditional B-2 Denied
Business)
5-26-92 Conditional Use Permit (Motor Vehicle Sales) Approved
5 6-25-91 Rezoning (AG-2 Agricultural to 1-1 Light Industrial) Approved
and Conditional Use Permit (Hotel)
6-25-90 Rezoning (B-2 Business to AG-2 Agricultural) and Approved
Conditional Use Permit (Group Home)
Viz.
ma's
rU>
'•x iJ
"Yry
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ocean Mystique, Inc. — Conditional Use Permit
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Ocean Mystique, Inc. for a Conditional Use
Permit for a tattoo, permanent make-up and piercing studio on property located
at 2335 and 2337 Virginia Beach Boulevard (GPINS 14979570630000-1
14979557110000). DISTRICT 6 BEACH
■ Considerations:
licant proposes to establish a tattoo, permanent makeup and body -
The app
piercing studio on the site. The applicant will have a store manager, six tattoo
artists, two body -piercing technicians and three sales associates. The proposed
hours of operation are 10:00 AM to 10:OOsPM. The
service will remain oned studio will os to OCCUPY
a
3,600 square feet of the building. Thee g support both the existing
different area of the building. Sufficient parking exists to
and proposed uses. The applicant proposes to remove the existing asphalt along
the front of the building and to plant the area with trees and shrubs.
The conditional use permit for a tattoo, permanent makeup and body -piercing
studio is consistent with the overall recommendations of the Comprehensive Plan
for the area.
The Planning Commission placed this item Staff on
appthe consent drovale, and there
cause it is
compatible with surrounding land uses,
was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The conditional use permit for a tattoo, permanent make-up and body -
piercing establishment is approved for a period of one year, with an
administrative review every year thereafter.
2. A business license shall not be issued to the applicant without the
approval of the Health Department for consistency with the provisions of
Ocean Mystique, Inc.
Page 2 of 2
Chapter 23 of the City Code.
3. The applicant shall meet with the Current Planning staff tola t nrminea
adequate street frontage and foundation CoUshe Permit Application
depicted on the "Exhibit to Accomp Yndi Tonal
for Ocean Mystique", prepared by Horton and Dodd, PC". The site shall be
landscaped before the business license is issued.
4. The applicant shall install lighting to illuminate behind all phe bgld e sA lightadjacent
to the building, to include the area located
Department for review and
ing
be
mitted to the
approval b
plan shall before the business lense Planningis issued.
5. No signage more than four (4) square feet odows. Thereentire cshall be no other
area of the
exterior wall(s) shall be permitted on the win
g
signs, including
neon signs or neon accents, installed on any wall area of
the exterior of the building, windows and / or doors.
body -piercing
6. The actual tattooing and body-p g operation on a customer shall not
be visible from any public right-of-way adjacent to the establishment.
The hours of operation shall be 10:00 a.m. to 10y:00 p.m., Monday through
7. m. to 8.00 p.m. on Sunday.
Saturday, and 12:00 p.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
roval. Planning Commission recommends
Re
commended Action: Staff recommends app
approval. II
Submitting Depa
rtment/Agency: Planning DepartmentcV��
City Manager: ( r s>L,7) .
report is prepared by the staff of the Virginias Beach Depa�amont If
The following p
and professional Ian u a decision
Planning to provide data, information,
the Planning Commission and the City Council to assist them in making
regarding this application.
Location and General Information
REQUES
T: Conditional Use Permit for a Tattoo, Permanent Makeup and Body -
Piercing Establishment
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
EXISTING
Property located on
2335 / 2337
Virginia Beach
Boulevard
1497957063;1497955711
6-BEACH
0.696 acres
Two service type businesses, Nelson Income Tax Service and
OCEAN MYSTIQUE
Agenda Item # 17
Page 1
LAND USE: Tidewater Neon, and a personal service establishment, On Location Salon, occupy the site.
SURROUNDING • Virginia Beach Boulevard
LAND USE AND North:
London Bridge Shopping Center / B-2 Business
Automotive Sales and Service / B-2 Business
ZONING: South:
East: • Small Engine Sales and Repair / B-2 Business
West: • Automotive Sales and Service / B-2 Business
NATURAL parking. The site is
RESOURCE The site is impervious, covered by building and p 9•
AND within the Resource Managemensignificant
Ar he Chesapeakecultural feature B
CULTURAL Preservation Area. ay
There are no g i i ant
FEATURES: associated with the site.
AICUZ:
The site is in an AICUZ of more than 75dB While the proposed 'use tis
Potential Zone) surrounding NAS Ocean
a. not compatible with airfield he
ons, three nd reptwo of
e uses
currently exist on the site. T proposed posed use wouapplicant be
those uses. The United Srformance fighter aircraft routinetes Navy requests that the ly fly over
made aware that high-performance
this area at all hours of the day and nlghis aheafthattcouldtaffectthe produces
very high noise and vibration levels i
applicant's operation.
summary Of PrOPOSCII,
Y
The applicant proposes to establish a tattoo, permanent makeup and body -piercing
art
stu
dio on the site. The applicant will have a store managoer, six osed hours of ists,opet io bode
piercing technicians and three sales associates. Thep 3,600 square feet of the
10:00 AM to 10:00 PM. The proposed studio will occupy to
The existing tax service will remain on site. sufficient
tpaemove thrking e existing support
building. prop
both the existing and proposed uses. The applicant
asphalt along the front of the building and plant the area with trees and shrubs.
OCEAN MYSTIQUE
Agenda Item # 17
Page 2
Major Issues
The following represent the significant issues identifies by the staff don the degree r ingwhich'these
request. Staffs evaluationssed request is largely ba
issues are adequately a dre
• Compatibility of this use with tent surrounding
• of the city Zoning Ordinance, Section 242.1
Compliance with the requirements and in Chapter 23 of the City Code pertaining to tattoo, permanent makeup and
body piercing establishments.
comprehensive Flan
Thp
e Com rehensive Plan Map designates this area of the city Neck s Strategic Grow
at Be ch
Area
6 -North London Bridge Area. The intersection of Great
way current
Bou
levard is the gateway to the Great Neck peninsula. Tutilitiis ese roadway acicesshpoints
an excessive number of nonconforming signs, overhead
and incoherent building and site designs. Much of this is due to this area being one of
the oldest commercial areas in the city.
Comprehensive Plan recognizes the need to provide atr sq equally important that nge of commercial it
The p
activities and services to meet the needs of all its citizens,
this be accomplished in harmony with the concept of providing
t applicationttlis consistent
maintained physical environment. The conditional use recommends implementing a
with the recommendations of the Plan, however the p
coordinated effort to improve the quality of the building f can d des improve the me Hal
and signs, increase
landscaping around building foundations and parkinglots,
circulation pattern for vehicles and pedestrians throughout the area.
OCEAN MYSTIQUE
Agenda Item # 17
Page 3
Staff Evaluation
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through e The submfitted materials,
adequately addresses each of the Major Issues identified
above
strengths in addressing the 'Major Issues' are
()
1 The conditional use permit for a tattoo, permaneations of the nt makeup and
bodComprehensivepiercing
studio is consistent with the overall recommend
proposes removal of the existing
Plan for the area. Additionally, the applicant
asphalt along the front of the building in order to mmendatree ions of hs and ubs. This
enhancement is consistent with the specific reco
Comprehensive Plan regarding this area.
()
2 The applicant is required to comply with all Health Department regulations before
he may obtain a business license.
Staff, therefore, recommends approval of this request subject to the conditions below.
Conditions
1. The conditional use permit for a tattoo, permanent make-up and body -piercing
establishment is approved for a period of one year, with an administrative review
every year thereafter.
2. A business license shall not be issued to the applicant without the approval of the
Health Department for consistency with the provisions of Chapter 23 of the City
Code.
adequ
3. The applicant shall meet with the Current Planning
staff
area dep catedne on theate
street frontage and foundation planting fort planting Application for Ocean Mystique",
"Exhibit to Accompany Conditional Use Permit
prepared by Horton and Dodd, PC". The site shall be landscaped before the
business license is issued.
4. The applicant shall install lighting to illuminate all parking areas adjalan shall be
cent to the
building, to include the area located behind
the review anding. A d approgaltbefore the
submitted to the Planning Department
business license is issued.
OCEAN MYSTIQUE
Agenda Item # 17
Page 4
5. No signage more than four (4) square feet of the entire glass area of the exterior
wall(s) shall be permitted on the vents°ws. There installed on anlybe no wall a�eaeof the exterior of
r signs,
including neon signs or neon accents,
the building, windows and / or doors.
6. The actual tattooing and body -piercing operation on a customer shall not be
visible from any public right-of-way adjacent to the establishment.
7. The hours of operation shall be 10:00 a.m. to 10:00 p.m., Monday through
Saturday, and 12:00 p.m. to 8:00 P.M. on Sunday.
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 �lan review t
o meet all
applicable city Codes. Conditional use permits must be
royal. See
activated0g)within f the City Zoning Ordinanceonths of City Council f or further
Section 220(g)
information.
OCEAN MYSTIQUE
Agenda Item # 17
Page 5
Supplemental Information
Zoning History
ACTION
# DATE
REQUEST
Rezoning (Residence Suburban District 3 to Limited
roved
Approved
1 1-2-62
Commercial District 2)
Permit (Motor Vehicle Sales and
Approved
2 10-12-
Conditional Use
93
3 6-27-95
Service)
Conditional Use Permit (Auto Repair)
Approved
Approved
4 5-23-00
Reconsideration of Rezoning Request
Industrial to Conditional B-2
Denied
3-7-00
Rezoning (1-1 Light
5-26-92
Business)
Conditional Use Permit (Motor Vehicle Sales)
t 1-1 Light Industrial) and
Approved
pproved
App
5 6-25-91
Rezoning (AG-2 Agricultural
Conditional Use Permit (Hotel)
OCEAN MYSTIQUE
Agenda Item # 17
Page 6
6-25-90 Rezoning (B-2 Business to AG-2 Agricultural) and
Approved
Conditional Use Permit (Group Home)
Public Agency Comments
Public Works
Master Transportation Virginia Beach Bouledin arter�alt of this site is an eight -
Plan MTP : lane divided ma or urban
Street Name Present Present Generated Traffic
Traffic Calculations: Volume Ca acit
Existing Land Use
- 383
Virginia Beach 57,043 64,260
Boulevard ADT' ADTProposed Land
Use 3 - 383
Average Daily Trips
2 as defined by personal service and retail uses
3 as defined by personal service and retail uses
Public Utilities
ia
Water: There is a 36-inch, 20-inch and 16-i Virginch City water main in 5/81 inch
Beach Boulevard in front of the site The site has an existing
water meter that mnv be used or u raded.
Sewer: There is an 8-inch City gravitye sewer The site main
is connected B city sewer.
Boulevard in front of the site.
Analysis of Pump Station 24h and
uture flows can be a�clommodated.
ection
cvstem is required to ensure
Public Safety
Police:
In an effort to reduce opportunity for crime, concerned
parties should review and incorporate safety by design
concepts and strategies contained in the CVB Planning
Departments, Crime Prevention Through Environmental
Design - General Guidelines for Designing Safer
Communities" booklet. A copy of this booklet can be
OCEAN MYSTIQUE
Agenda Item # 17
Page 7
obtained by contacting either the Planning Department or
the Police Department's Crime Prevention Unit at (757)
563-1066. These guidelines are also available in pdf.
format on the Planning Department's website at
www.VBgov.com/dept/planning.
The applicant should install lighting to illuminate all parking
areas adjacent to the building,
to include the area located
the
behind the building. In lieu pl
parking areas that would produce the best dliggttng dfesign,
the applicant may mount lighting units on the building.
Where lighting fixtures are installed along streets, in
parking areas, or on the building for illumination purposes,
all fixtures should be of appropriate height and design and
angled appropriately as to prevent any direct reflection
and/or disability glare (a form of glare that causes reduced
visibility and visual performance) toward adjacent uses
and city streets.
Fire and Rescue: No Fire Department concerns with this Conditional Use
Permit ------------
OCEAN MYSTIQUE
Agenda Item # 17
Page 8
Exhibits
Exhibit A
Aerial of Site
Location
OCEAN MYSTIQUE
Agenda Item # 17
Page 9
Exhibit B
Proposed Site
Plan
OCEAN MYSTIQUE
Agenda Item# 17
Page 10
ExhibitCD
Proposed
Building
Elevation
OCEAN MYSTIQUE
Agenda Item #;17
Page 11
rail
43
j:
A.
Z
144
E
I�Z 5 o E
to
�2
rs
6 -6
t 21
Wz
!g F t
'j, rri
i.,,„,26
im
Exhibit E
Disclosure
Statement
4 Q
J".
ik
A
yH
as
A
OCEAN MYSTIQUE
Agenda Item # 17
Page 12
Item #17
Ocean Mystique, Inc.
Conditional Use Permit
2335 and 2337 Virginia Beach Boulevard
District 6
Beach
October 13, 2004
CONSENT
William Din: The next item is Item #17. This is Ocean Mystique, Inc. This is a
Conditional Use Permit for a tattoo or permanent makeup and piercing studio on property
located at 2335 and 2337 Virginia Beach Boulevard in the Beach District. There are
seven conditions associated with this item.
Bryan Plumlee: Thank you. Bryan Plumlee, here for the applicant. It's a pleasure being
before the Commission. We do agree with the conditions. There is a slight modification
in Number #5 from the exact language that is drafted regarding signage. It's allowing for
a little more signage but the roof signage is being conditions and we thank you for putting lus d
with the staff and so we do agree with those
on the consent agenda.
William Din: Thank you Mr. Plumlee. Is there any opposition to this item being on
consent? If not, Mr. Ripley would you address?
Ronald Ripley: Yes sir Mr. Din. This application for a tattoo and permanent make up
and body piercing is in a building that is actually a location over .7 acre o l land
one. is n
the accident potential zone, which is very limited usage you can apply r
not only that but it is also in a high noise zone at .75 decibels. The staff has looked at this
very closely and the Commission has also. The restrictions apply to it are required for
review every year. That is to make sure that it is operating very close to the ordinance
and the conditions of the ordinance and the conditions of this Conditional Use Permit. In
our opinion it meets the compatibility test and it meets a light use for this piece of
property. The applicant is also improving the property with landscaping, improving the
building so we put it on the consent agenda. We recommend that it be approved.
William Din: Thank you Ron. Madame Chair, I would like to make a motion to approve
the following consent agenda item, Item #17 Ocean Mystique, Inc., for a Conditional Use
Permit for a tattoo, permanent makeup and a piercing studio on property located at 2335
and 2337 Virginia Beach Boulevard in the Beach District with seven conditions.
Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by
Ms. Katsias.
AYE 11 NAY 0 ABS 0 ABSENT 0
Item #17
Ocean Mystique, Inc.
Page 2
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the
Board.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: H&A Enterprises — Change of Zoning District Classification and Conditional
Use Permit
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of H&A Enterprises, L.L.C. for a Cha_ n
e of Zoning District Classification from R-7.5 Residential
Dr is Int to Co encenal B-2
Community Business District on the southeast
Boulevard and Smokey Road (GPINS 1
The Comprehensive Plan designates this 7s to as beOnOg part ofthePrimary
0)
mary
Residential Area, suitable for appropriately located suburban residential and non-
residential uses consistent with the policies of the Comprehensive Plan.
DISTRICT 4 - BAYSIDE
An Ordinance upon Application of H&A Enterprises
southeast cdotrneaof se Permit
for motor vehicle sales on property located o
n the Independence Boulevard and Smokey Road (GPINS
4 — BAYSIDE
147933019400000;14793302900000).
■ Considerations:
The applicant is requesting a deferral of these requests to the December 14 City
Council meeting. The applicant desires time to discuss the proposal with the
community.
■ Recommendations:
Deferral to December 14 City Council meeting.
■ Attachments:
Location Map
Recommended Action: Deferral to December 14.
Submitting Department/Agency: Planning Department
City Manager:
CUrfor Motor Vehicle Sales
#
DATE
REQUEST
ACTION
Granted
1
10-02-01
Conditional Use Permit (church)
Conditional Use Permit (motor vehicle sales)
Granted
2
3
05-14-96
09-24-96
Conditional Use Permit (car wash)
Granted
4
06-13-95
Conditional Use Permit (auto repair)
Granted
5
05-29-90
Conditional Use Permit (auto repair)
Withdrawn
6
07-06-81
Change of Zoning (0-1 Office District to B-2
Denied
Community Business District)
I T�
Su '�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Womack Chappell, L.L.C. F/K/A Linda T. Chappell — Change of Zoning
District Classification
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Womack Chappell, L.L.C. f/k/a Linda T.
Chappell for a Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts and R-20 Residential District to Conditional 1-1 Light
Industrial District on property located on the south side of London Bridge Road,
approximately 300 feet west of Hornet Drive (GPIN 1495758399 — part of). The
Comprehensive Plan recommends this area for a mix of light industrial, low-rise
office and limited retail uses. DISTRICT 6 — BEACH
■ Considerations:
The applicant is proposing to rezone 20.7 acres of property for Phase II of Taylor
Farm Corporate Park. Phase I of the park was rezoned by City Council on May
14, 2002 with identical proffers to those proposed with Phase 11. The
construction plan for Phase I is currently under review by the Development
Services Center.
The site plan shows Phase II as a mirror image of Phase I. Access, landscaping,
signage and buildings will be coordinated throughout the park and the park will
be managed through a Property Owners Association. Deed restrictions will be
recorded that include architectural controls and maintenance responsibilities for
the Property Owners Association.
The site plan shows landscaped buffers along both Dam Neck Road (50 foot
wide) and London Bridge Road (20 foot wide). The landscaped buffers will be
planted with a mixture of deciduous and evergreen trees to provide a screen that
mimics the natural wooded areas along Dam Neck Road. The proffers include
provisions for increased setbacks and high quality building materials for the
buildings located along Dam Neck Road.
The Planning Commission placed this item on the consent agenda because the
proposal is consistent with the recommendations of the Comprehensive Plan, the
Planning Staff recommended approval, and there was no objection from the
public.
Nil
WOMACK CHAPPELL, LLC
Agenda Item # 1
October 13, 2004 Public Hearing
Staff Planner Barbara J. 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.
Location and General Information
REQUEST: Change of Zoninq District Classification from AG-1 and AG-2
Agricultural Districts and R-20 Residential District to Conditional 1-1
Industrial District.
LOCATION: Property located on the south side of London Bridge Road, 300 feet
west of Hornet Drive.
N_N�T I71�0 Womack Chappell .LLC
AG-2
AG-2 Iq
1-2
153 -2
AG-1 03
1-1
,AG I CD 0
AG I
R-20 L
AG-1
Conditional Zoning Change: from AG-1, AG-2, R-20 to I- I
GPIN: Part of 14957583990000
WOMACK-CHAPPELL
Agenda Item # 1
Page 1
COUNCIL
ELECTION
DISTRICT: 6 — BEACH
SITE SIZE: 20.7 acres
EXISTING
LAND USE: Open fields
SURROUNDING
North:
• Industrial park / 1-2 Industrial District
LAND USE AND
South:
• Taylor Farm / AG-1 and AG-2 Agricultural District
ZONING:
East:
. Vacant property / B-2 Community Business District
and R-20 Residential District
West:
• Warehouse / 1-2 Industrial District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is
a grassy field with no significant environmental features.
AICUZ: A portion of the site is in an AICUZ of Greater than 75 dB Ldn and a
portion of the site is in an AICUZ of 70 to 75dB Ldn surrounding NAS
Oceana. The United States Department of the Navy owns a
restrictive easement over this property. The Industrial use proposed
is in conformance with the easement restrictions; however, individual
uses will be subject to further review for compliance by the Navy.
Summary of o••
The applicant is proposing to rezone 20.7 acres of property for Phase II of Taylor Farm
Corporate Park. Phase I of the park was rezoned by City Council on May 14, 2002 with
identical proffers to those proposed with Phase II. The construction plan for Phase I is
currently under review by the Development Services Center.
The site plan shows Phase II as a mirror image of Phase I. Access, landscaping,
signage and buildings will be coordinated throughout the park and the park will be
managed through a Property Owners Association. Deed restrictions will be recorded
WOMACK-CHAPPELL
Agenda Item # 1
Page 2
that include architectural controls and maintenance responsibilities for the Property
Owners Association.
The site plan shows landscaped buffers along both Dam Neck Road (50 foot wide) and
London Bridge Road (20 foot wide). The landscaped buffers will be planted with a
mixture of deciduous and evergreen trees to provide a screen that mimics the natural
wooded areas along Dam Neck Road. The proffers include provisions for increased
setbacks and high quality building materials for the buildings located along Dam Neck
Road.
f F
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Degree to which the application is compatible with AICUZ guidelines.
There is a significant amount of frontage on Dam Neck Road, so the aesthetic
view from this roadway is a concern.
The site is located within a Strategic Growth Area and the proposal should be
consistent with the Comprehensive Plan recommendations for that area.
Comprehensive Plan W
The Comprehensive Plan recognizes this site is within Strategic Growth Area 10 —
South Oceana Area. The South Oceana Area encompasses properties on both sides of
Dam Neck Road between Holland Road and Corporate Landing Parkway. Developable
land located in the western region of this Strategic Growth Area is planned for non-
residential uses to include a mix of light industrial, low-rise office and limited retail use.
Access to Dam Neck and Holland Roads should be minimized. Every effort should be
made to consolidate the parcels of land to achieve a more unified and well -planned
WOMACK-CHAPPELL
Agenda Item # 1
Page 3
development. Development in this area should exhibit an attractive, high quality design,
especially as seen from Dam Neck, Shipps Corner and Holland Roads.
W,
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1 When the Property is developed, it shall be developed into
no more than twelve (12) parcels substantially as shown
on the exhibit entitled "TAYLOR FARM CORPORATE
PARK PHASE II SITE PLAN Virginia Beach, Virginia",
dated 04/30/04, and prepared by the Spectra Group, which
has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning
(hereinafter 'Site Plan").
PROFFER # 2 The parcels shall be subject to the following mandatory
site development guidelines:
a) A fifty foot (50') Landscape setback from Dam
Neck Road shall be maintained by the Property
Owners Association and no improvements shall
be located within the Landscape setback.
b) A twenty foot (20') Landscape setback from
London Bridge Road shall be maintained by the
Property Owners Association and no
improvements shall be located within the
Landscape setback.
c) A minimum fifty foot (50') building setback shall
be required from London Bridge Road
d) A minimum thirty foot (30') side yard building
setback and rear yard building setback (on non-
WOMACK-CHAPPELL
Agenda Item #_1
Page 4
through lots) shall be required on those lots with
a rear property line which abuts Dam Neck
Road.
e) A minimum fifteen foot (15') setback shall be
required on lots which do not have a rear
property line abutting Dam Neck road, provided
a ten foot (10') wide Category II Landscape
Buffer is maintained along the entire length of
the side property line from which the fifteen foot
(15') setback is measured.
f) No freestanding signage shall be permitted
adjacent to either Dam Neck Road or London
Bridge Road and all signage shall comply with
the SIGN CRITERIA FOR TAYLOR FARM
CORPORATE PARK", dated March 15, 2002
which are included in the Deed Restrictions
described in Proffer number 3.
g) No onsite vehicular parking, outdoor storage,
loading docks, or loading areas shall be
permitted between Dam Neck Road and any
building on any parcel adjacent to Dam Neck
Road.
h) No building shall exceed forty-five feet (45') in
height and the primary exterior surface of all
buildings shall be either brick, split face block,
painted block, concrete panel, stone, wood,
E.I.F.S., or metal and shall be an earth -tone
color or colors. The exterior surface of any
building on parcels numbered 8 through 14 on
the site plan, which is visible from Dam Neck
Road shall be either brick, split face block or
stone.
PROFFER # 3 When the property is subdivided it shall be subject to a
recorded Declaration of Protective Covenants, Conditions
and Restrictions ("Deed Restrictions") administered by a
mandatory membership Property Owners Association. In
addition to the requirements set forth herein, the Deed
Restrictions shall include Articles requiring mandatory
assessments for maintenance of the landscape buffers
and entrance features as well as Architectural Controls.
The Deed Restrictions have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach
WOMACK-CHAPPELL
Agenda Item # 1
Page 5
Department of Planning.
PROFFER # 4 Further conditions may be required by the Grantee during
detailed Site Plan and/or Subdivision review and
administration of applicable City Codes by all cognizant
City agencies and departments to meet all applicable City
Code requirements.
Staff Evaluation of The above proffers mimic the proffers proposed with
Proffers: Phase 1 and will ensure consistency throughout the park in
terms of landscaping, signage and building characteristics.
City Attorney's The City Attorney's Office has reviewed the proffer
Office: agreement dated June 24, 2004 and found it to be legally
sufficient and in acceptable legal form.
Staff Evaluation
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the `Major Issues' identified above. The
proposal's strengths in addressing the 'Major Issues' are
(1) The majority of the property is currently zoned R-20 Residential District. The
applicant's proposal will eliminate approximately 12 acres of residential zoning
within the higher AICUZ. The industrial uses proposed are in conformance with
the restrictive easement owned by the U.S. Department of the Navy on this site.
The Navy has no objection to this rezoning.
(2) The applicant has provided a coordinated plan in terms of access, stormwater
management, and landscaping, and has proffered controls for essential elements
of design such as building materials and signage. There are several design
controls proffered for the parcels along Dam Neck Road where aesthetic
concerns are the greatest.
(3) The site plan and proffers proposed by the applicant will ensure a high -quality
industrial park will be developed on this site. This is in conformance with the
WOMAC'K-CHAPPELL
Agenda Item # 1
Page 6
recommendations in the Comprehensive Plan for the South Oceana Strategic
Growth Area.
Staff, therefore, recommends approval of this request.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable Citv Codes.
WOMACK-CHAPPELL
Agenda Item # 1
Page 7
Supplemental Information
Zoninq History
# I
DATE
IREQUEST
I ACTION
1
07/07/92
CONDITIONAL USE PERMIT for golf driving range
GRANTED
05/14/02
REZONING from AG1/AG2 to CONDITIONAL 1-1
GRANTED
09/14/04
MODIFICATION OF PROFFERS
GRANTED
2
05/05/86
REZONING from AG1/AG2 to 1-1/1-2
GRANTED
06/27/95
RECONSIDERATION OF CONDITIONS
GRANTED
10/14/02
REZONING from 1-1/1-2 to CONDITIONAL 1-2
GRANTED
3
01/26/99
ENLARGEMENT OF NONCONFORMING USE
WITHDRAWN
4
10/24/00
REZONING from B-1 to CONDITIONAL B-1A
GRANTED
5
12/13/94
ENLARGEMENT OF NONCONFORMING USE
GRANTED
WOMACK-CHAPPELL
Agenda Item # 1
Page 8
09/23/97 CONDITIONAL USE PERMIT for outdoor recreation GRANTED
6 09/26/74 REZONING from R-8 to 1-2 GRANTED
Public Agency Comments
Public Works
Master Transportation
Plan (MTP): Dam Neck Road in the vicinity of this application is
a four lane divided major arterial roadway. London
Bridge Road in the vicinity of this application is a
two lane minor collector road. Neither of these
roadways is identified for improvement/upgrade in
the current Capital Improvement Program.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
49,046
37,100
Existing Land Use
Dam Neck Road
ADT'
ADT'
- 10
London Bridge
9,952
g 900 ADT
Proposed Land
Road
ADT
Use 3 - 1,575
,ve age va i nNo
2 as defined by <agriculture >
3 as defined by <industrial use>
Public Utilities
Water: There is a 16 inch water main in London Bridge Road fronting this
site
Sewer: There is no City of Virginia Beach sanitary sewer in the vicinity of this
site.
WOMACK-CHAPPELL
Agenda Item # 1
Page 9
Public Safety
Police: The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strategies as the pertain to this site.
Fire and Rescue: Fire Department regulations will be addressed during
detailed site plan review.
WOMACK-CHAPPELL
Agenda Item # 1
Page 10
� + a
x li lt$
Exhibit A
Aerial of Site
Location
WOMACK-CHAPPELL
Agenda Item # 1
Page 11
'1VM.
Exhibit B
Proposed Site
Plan
HAPPELL
a Item # 1
Page-' 12
Exhibit C
Disclosure
Statement
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WOMACK-CHAPPELL
Agenda Item # 1
Page 13
Item # 1
Womack Chappell, L.L.C. f/k/a Linda T. Chappell
Change of Zoning District Classification from AG-1 & AG-2
Agricultural Districts and R-20 Residential District to
Conditional I-1 Light Industrial District
South side of London Bridge Road
District 6
Beach
October 13, 2004
CONSENT
Dorothy Wood: The next order of business will be consent items. Our Vice Chairman
Mr. Will Din will handle this portion of the agenda.
William Din: Thank you Ms. Wood. Today we have 11 items on our consent agenda.
As I call each of the items, will the representative or applicant please come up to the
podium, you will state your name, your relationship to the application, state that you've
read the conditions and there are conditions associated with it and you agree with those
conditions. As I call these items would you please come forward? The first item I have
is Womack Chappell, L.L.C. f/k/a Linda T. Chappell. This is a Change of Zoning
District Classification from AG-1 and AG-2 Agricultural Districts and R-20 Residential
District to Conditional I-1 Light Industrial District. This is located in the Beach District.
Eddie Bourdon: For the record, Eddie Bourdon, a Virginia Beach attorney representing
the applicant. This is Change of Zoning from AG-1 and AG-2 and R-20 to Conditional I-
1 zoning, and as proffered we appreciate being on the consent agenda.
William Din: Thank you Mr. Bourdon. Is there any opposition to this item? If not, Mr.
Horsley, I believe is going to explain why we have placed this item on consent agenda.
Donald Horsley: Okay. We had a favorable staff recommendation and they didn't have
any objections to it from the general public. A few of the main concerns that staff did
have that were addressed as problems were compatibility with the AICUZ guidelines, the
aesthetics along Dam Neck Road and the consistency with the Comprehensive Plan. The
proffers readily addressed that. The majority of the property is zoned R-20 so rezoning
this property to Conditional I-1 we have taken 12 acres of residential zoning out of the
high AICUZ areas so that is a big plus as far as the Navy is concerned. For these reasons
we have placed this on the consent agenda.
William Din: Thank you Don. Madame Chair, I would like to make a motion to approve
the following consent agenda item, Item #1 Womack Chappell, L.L.C., f/k/a Linda T.
Chappell. This was a Change in Zoning Classification from AG-1 and AG-2 Agricultural
Districts and R-20 Residential District to Conditional I-1 Light Industrial District located
on the south side of London Bridge Road approximately 300 feet west of Hornet Drive in
the Beach District.
Item # 1
Womack Chappell, L.L.C. fWa Linda T. Chappell
Page 2
Dorothy Wood: Thank you. Do I hear a second? A motion by Will and seconded by
Ms. Katsias.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, this consent agenda item has been approved by the
Board.
Womack
Conditional I-oning
LLC
# I DATE REQUEST ACTION
1 07/07/92 CONDITIONAL USE PERMIT for golf driving GRANTED
05/14/02
range
REZONING from AG1/AG2 to CONDITIONAL 1-1
09/14/04
MODIFICATION OF PROFFERS
2 05/05/86
REZONING from AG1/AG2 to 1-1/1-2
06/27/95
RECONSIDERATION OF CONDITIONS
10/14/02
REZONING from 1-1/1-2 to CONDITIONAL 1-2
3 01/26/99
ENLARGEMENT OF NONCONFORMING USE
4 10/24/00
REZONING from B-1 to CONDITIONAL B-1A
5 12/13/94
ENLARGEMENT OF NONCONFORMING USE
09/23/97
CONDITIONAL USE PERMIT for outdoor
recreation
6 09/26/74
REZONING from R-8 to 1-2
GRANTED
GRANTED
GRANTED
GRANTED
GRANTED
WITHDRAWN
GRANTED
GRANTED
GRANTED
GRANTED
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Mary Spady — Change of Zoning District Classification
MEETING DATE: November 23, 2004
■ Background:
An Ordinance upon Application of Mary Spady for a Change of Zoning District
Classification from R-10 Residential District to Conditional 0-1 Office District on
property located at 844 Kempsville Road (GPIN 14666453560000). 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 2 —
KEMPSVILLE
■ Considerations:
The applicant proposes to rezone the site from R-10 Residential to Conditional
0-1 Office and convert the single-family dwelling into a real estate office. The
applicant is proffering a site plan that depicts the existing building, six parking
spaces and landscaping. A single entrance to the site from Lobaugh Drive is also
shown. Hours of operation, site lighting and signage are also proffered.
The request is not consistent with the Comprehensive Plan recommendations for
the area. It is Staff's conclusion that good architectural and site designs are not
acceptable substitutes for good land use planning. The focus must be on
applying sound land use planning practices first, and then addressing design
considerations. Essentially this is the same request that was denied by the City
Council in both 1992 and 1993. As evidenced by the zoning history map in the
attached staff report, nothing has changed in the immediate area since those
denials. The area, particularly on the east side of Kempsville Road, is a stable
residential neighborhood with compatible public uses. Circumstances have not
substantially changed since the past denials of this application.
The proposed use is not compatible with the stable residential area adjacent to
the site. The activity and overall character of the proposed use will contribute to
strip non-residential development and will encourage future rezonings introducing
additional incompatible uses in this established neighborhood.
There was opposition to the request.
Mary Spady
Page 2 of 2
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 6 to 4 with 1
abstention to deny this request.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends denial.
Submitting Department/Agency: Planning DepartmentL� A
City Manager: J L ,"Nor,
MARY S PADY
Agenda Item # 3
rtn' October 13, 2004 Public Hearing
Staff Planner: Faith Christie
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
Location and General Information
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Change of Zoning District Classification from R-10 Residential District
to Conditional 0-1 Office District
Property
located at 844
Kempsville
Road
14666453560000
,,,,Ma
Mop D-1 Mary Sad
IJ
P-1'
B }
B-2
B-2
s,
DISTRICT 2 — KEMPSVILLE
MARY SPADY
Agenda Item # 3
Page 1
SITE SIZE: 32,625 square feet
EXISTING
LAND USE: A single-family dwelling occupies the site.
SURROUNDING • Lobaugh Drive
LAND USE AND . The Kempsville Library and Police Precinct / P-1
ZONING: North: Preservation District
Bellamy Manor Drive
South: • Single-family dwellings / R-10 Residential District
Kempsville Road
East: • Fairfield Shopping Center / B-2 Business District
West: • Single-family dwellings / R-10 Residential District
NATURAL
RESOURCE
AND A single-family dwelling and mature landscaping occupy the site.
CULTURAL There are no natural resources or cultural features associated with
FEATURES: the site.
AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary Of Proposal
The applicant proposes to rezone the site from R-10 Residential to Conditional 0-1
Office and convert the single-family dwelling into a real estate office. The applicant is
proffering a site plan that depicts the existing building, six parking spaces and
landscaping. A single entrance to the site from Lobaugh Drive is also shown. The
applicant is proffering the use of the site as professional offices. Hours of operation, site
lighting and signage are also proffered.
MARY SPADY
Agenda Item# 3
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Consistency with the Comprehensive Plan recommendations for the area.
Compatibility with the surrounding land uses.
Comprehensive Plan
The Comprehensive Plan recognizes this site to be within the Primary Residential Area.
For properties within Primary Residential Areas, the Plan emphasizes the need to
preserve and protect the overall character, economic value and aesthetic quality of the
stable neighborhoods, particularly through the avoidance of introducing incompatible
uses. Established residential neighborhoods shall be protected against invasive land
uses that, due to their activity, intensity, size, hours of operation or other factors, would
tend to destabilize them.
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
MARY SPADY
Agenda Item # 3
Page 3
PROFFER # 1 Prior to converting the use to a professional office, the
Property shall be improved substantially as shown on the
exhibit entitled "CONCEPT SITE LAYOUT & LANDSCAPE
PLAN OF MARY SPADY REALTY 844 Kempsville Rd.,
Virginia Beach, Virginia", dated June 30, 2004, which has
been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning
(hereinafter "Concept Plan").
PROFFER # 2 Grantor shall install and maintain trees, landscaping and
fencing on the Property substantially as shown on the
Concept Plan.
PROFFER # 3 The uses permitted on the Property shall be limited to
professional offices, including but not limited to real estate,
insurance, legal, engineering, medical, dental, architectural
and accounting.
PROFFER # 4 Grantor shall utilize the existing structure. Any exterior
building renovations shall be of the same or higher quality
building materials as the materials used on the existing
structure. In the event of involuntary destruction of the
existing structure, any reconstruction thereof shall
substantially conform to the Concept Plan and appearance
of the structure as it existed immediately prior to such an
involuntary destruction.
PROFFER # 5 The freestanding monument style sign depicted on the
Concept Plan shall have a brick base matching the
existing building, shall be no greater than six feet (6) in
height and shall be internally illuminated.
PROFFER # 6 Any lighting installed within the driveway or parking area
on the Property shall be ground level lighting" and shall
not exceed a height of thirty-six inches (36"). The lighting
shall be shielded, deflected, shaded and focused to direct
light down onto the premises and away from adjoining
property.
PROFFER # 7 No commercial trash containers shall be utilized on the
Property and only non-metallic trash containers, similar to
those provided by the City of Virginia Beach for residential
neighborhoods, shall be used on the Property. All such
MARY SPADY
Agenda Item # 3
Page 4
trash containers shall be stored immediately adjacent to
the office building.
PROFFER # 8 The business operation on the Property shall not be open
to the general public beyond 9:00 AM to 8:00 PM, Monday
through Saturday and Noon to 6:00 PM on Sunday.
Nothing contained herein shall preclude the owners or
employees thereof from working within the building beyond
these prescribed time periods.
PROFFER # 9 Further conditions may be required by the Grantee during
detailed Site Plan review and administration of applicable
City Codes by all cognizant City agencies and
departments to meet all applicable City Code
requirements.
Staff Evaluation of The proffers are adequate. The agreement will insure that
Proffers: the use of the site is limited to low intensity office uses,
that the hours of operation are defined, and that the
general appearance of the site remains residential in
nature.
City Attorney's The City Attorney's Office has reviewed the proffer
Office: agreement dated June 30, 2004, and found it to be legally
sufficient and in acceptable legal form.
Staff Evaluation
Staff recommends denial of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, does not address each of the 'Major Issues' identified above. The
proposal's weaknesses in addressing the 'Major Issues' are
(1) The request is not consistent with the Comprehensive Plan recommendations for
the area. It is Staff's conclusion that good architectural and site designs are not
acceptable substitutes for good land use planning. The focus must be on
MARY SPADY
Agenda Item # 3
Page 5
applying sound land use planning practices first, and then addressing design
considerations. Essentially this is the same request that was denied by the City
Council in both 1992 and 1993. As evidenced by the zoning history map, nothing
has changed in the immediate area since those denials. The area, particularly
on the east side of Kempsville Road, is a stable residential neighborhood with
compatible public uses. Circumstances have not substantially changed since the
past denials of this application.
(2) The proposed use is not compatible with the stable residential area adjacent to
the site. The activity and overall character of the proposed use would contribute
to stripnon-residential development and would encourage future rezonings
introducing additional incompatible uses in this established neighborhood.
Staff concludes these weaknesses cannot be adequately addressed through changes to
the proposal or through additional proffers, and, therefore, recommends denial of the
request.
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 Citv Codes.
MARY SPADY
Agenda Item# 3
Page 6
Supplemental Information
Zoning History
#
DATE
REQUEST
ACTION
1. 9-28-93
Rezoning (R-10 Residential to 0-1 Office)
Denied
5-26-92
Rezoning (R-10 Residential to 0-1 Office)
Denied
11-24-
Rezoning (R-5 Residential to 0-1 Office)
Denied
86
Public Aqencv Comments
MARY SPADY
Agenda Item # 3
Page 7
Public Works
Master Transportation Kempsville Road in front of this request is a four lane
Plan (MTP): divided minor urban arterial as designated on the
Master Transportation Plan (MTP). The City Master
Transportation Plan Map indicates that this segment of
Kempsville Road will be upgraded to a 150 foot wide
divided roadway with a bikeway in the future.
Dedication of right-of-way sufficient to accommodate
the future roadway expansion may be required during
detailed site plan review.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Existing Land Use
- 15
33,520
27,400
Kempsville Road
ADT'
ADT'
Proposed Land
Use 3 - 26
Average Daily Trips
2 as defined by a single-family dwelling
3 as defined by an office use
Public Utilities
Water: There is a 6-inch water main in Lobaugh Drive, a 6-inch water main
in Bellamy Manor Drive and a 16-inch water main in Kempsville
Road along this site. The site must connect to City water.
Sewer: Eight -inch sanitary sewer mains exist in both Lobaugh Drive and
Bellamy Manor Drive fronting this site. The site must connect to City
sewer. Sanitary sewer pump station analysis for Pump Station 421 is
required to determine if proposed,flows can be accommodated.
Public Safety
Police: The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strategies as they pertain to this site.
MARY SPADY
Agenda Item # 3
Page 8
Fire and Rescue: No fire department concerns with this Conditional
Rezonin re uest.
MARY SPADY
Agenda Item #-3
Page 9
EX IbitS
Exhibit A
Aerial of Site
Location
MARY SPADY
Agenda Item-# 3
Page 10
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Proposed Site
Plan
MARY SPADY
Agenda Item #-3
Page 11
Exhibit C
Proposed
Building
Elevation
MARY SPADY
Agenda Item # 3
Page 12
Exhibit D
Disclosure
Statement
MARY SPADY
Agenda Item # 3
Page 13
Item #3
Mary Spady
Change of Zoning District Classification from R-10
Residential District to Conditional 0-1 Office
District
844 Kempsville Road
District 7
Princess Anne
October 13, 2004
REGULAR
Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I
want to remind everyone that we need adhere to the rules and procedures that were
explained to you at the start of the meeting. Please be aware of what other speakers
before you have said and please do not be offended if I stop your presentation for being
repetitive. I certainly don't want to limit anyone's rights however we have a lot to cover
today and we must stick to our procedures. Thank you. I'll turn it over to Mr. Strange,
our Secretary. If the people in the back would like to spread out a little bit, you look like
your pretty crowded. We have plenty of room now.
Joseph Strange: Thank you Madame Chairperson. The first item on the agenda is Item
#3 Mary Spady. An Ordinance upon Application by Mary Spady for a Change of Zoning
District Classification from R-10 Residential District to Conditional 0-1 Office District
on property located at 844 Kempsville Road, District 2, Kempsville.
Eddie Bourdon: Good afternoon Madame Chair, Mr. Secretary and members of the
Commission. For the record, my name is Eddie Bourdon, I'm a Virginia Beach land use
attorney and it's my pleasure to come before you this afternoon representing this
application which is one that involves a request for a conditional rezoning to 0-1 Office
Use District with very strict proffers on a parcel of land containing 32,625 square feet
with 250 feet of road frontage on Kempsville Road. A major arterial highway just down
the street from its intersection with Providence Road between that and its intersection
with Princess Anne Road where we're about to build a very significant flyover. A road
that in the Master Transportation Plan that is slated to be a 150-foot highway. It is
already over 100 feet and it is already a four lane road. This piece of property is located
adjoined just across the street from and on the same side as the police station and library
and commercial parking lot for those public facilities, which is of the same nature as a
commercial parking lot. The property is also directly across from Kempsville Road from
the Fairfield Shopping Center, a very large commercial enterprise with a number of out
parcels including fast food restaurants. This piece of property has a house that built on
this property many, many decades ago, one that has been well maintained. The home
faces Kempsville Road. It is set back 30 feet from the property line and over back about
65 feet back from the actual pavement section of Kempsville Road. It is well back from
the roadway itself. The house faces Kempsville Road and has been well maintained. It
has been owned by the applicant for a number of years and as you all well know this
Item #3
Mary Spady
Page 2
property has been up for rezoning in the past. This is the first time that I've taken a crack
at it, so to speak. But the issue I think is fairly well understood. It is the only house
along here that faces Kempsville Road. It is a office zoning that we have requested and
I've passed out copies of Section 800 of the Zoning Ordinance and I'll briefly read you
what it says about 0-1 Zoning. The 0-1 Office District is intended primarily for office
and institutional uses. Obviously, you got an institutional use right next door, which is
the library and the police station. Within this district it is intended to provide an
environment appropriate to office or institutional character and compatible with
residential uses, which may adjoin, compatible with residential uses which may adjoin
and where public facilities are available to meet their needs. I believe that is exactly the
zoning category that fits the situation that you have before you with this piece of
property. Given its location, given the road that it fronts upon, given the structure that
exists upon the property and what is around it, I think it is very difficult for any
reasonable person to define Kempsville Road in this location as a residential street. It is
not a residential street. This application as proffered and I will review the proffers with
you. There are a total of 9 proffers, 8 of which are applicable and the 91h is a generic
proffer that deals with site plan review. The first is that prior to converting the use of this
property to a professional office the property shall be improved substantially as shown on
the exhibit entitled "Conceptual Site Layout and Landscape Plan" of Mary Spady Realty
at 844 Kempsville Road, Virginia Beach, Virginia dated June 30, 2004, which you have a
copy of. There is that plan. With this plan, the house that is there will not change. A
driveway will be added to the rear. Landscaping is already significant in place. Fencing
already in place. The parking will be added here behind a berm. The house itself is,
which will be converted into a real estate office is 80 feet from the nearest home here,
which is facing on Lobaugh Drive across from the entrance to the large parking lot that
serves the police station. The parking area here behind the berm again, heavy
landscaping, is approximately the edge of the parking space closest to this house on
Bellamy Manor Drive and is some 70 feet away from that home behind landscaping and
fencing. The second proffer indicates that the Grantor will install and maintain trees,
landscaping and fencing on the property as shown on the concept plan. The third proffer
and we're fencing the entire back property line that you see there landscaped. The third
proffer is the uses permitted on the property shall be limited to professional offices
including real estate, insurance, legal, engineering, medical, dental, architectural or
accounting. This will be a real estate office. The fourth proffer is the Grantor will utilize
the existing structure and any exterior renovations in the future shall be at the same or
higher quality building materials as the materials used with the existing structure of the
house. It looks like a house. It's residential in character. In the event of an involuntary
disruption, a fire or some other catastrophe of the existing structure, any reconstruction of
that building must conform both with the concept plan, in terms of its location and size
and its appearance. It must be as existed prior to the involuntary disruption i.e., house.
In other words, you won't be able to build a commercial style office building. To the
north of the police station in the next block, there is an office that is a commercial
appearing office that's zoned 0-2. There is also an 0-2 Office at the corner of
Providence and Kempsville, just to the south, again, a commercial looking structure.
This will not be in any point in time with these proffers ever anything other than what
Item #3
Mary Spady
Page 3
appears to be today. A home not a commercial appearing structure. This lady's business
is in the 0-2 property next to the police station and has been for decades. The fifth
proffer is a free- standing monument style sign depicted on the concept plan. It will have
a brick base to match the house. It will be no greater than six feet in height and will be
internally illuminated. The sixth proffer is that the lighting installed along the driveway
and the parking area will be ground level lighting no higher than 36 inches off the ground
and shielded to deflect any light towards Kempsville Road and not back towards the
landscaping and the fencing and the neighborhood. The seventh proffer is that no
commercial trash container shall be utilized on the property only non-metallic trash
containers similar to those used in residential neighborhoods in the City of Virginia
Beach may be used. The eighth proffer is the business operation on the property, which
is an office and that is all that it can be, as an office, shall not be opened to the general
public beyond 9:00 a.m. to 8:00 p.m. Monday through Saturday. That is office hours are
9:00 a.m. to 8:00 p.m. Monday through Saturday, noon to 6:00 p.m. on Sunday. Nothing
contained here shall preclude the owner's or employees from working in the office
beyond those hours but no customers will be permitted. The real estate business to those
of you who are involved in it may know it has obviously become less office intensive
with all of the new technology that we're dealing so there is less time spent in the office
for these types of uses. These types of uses exist throughout the City of Virginia Beach
and very successfully throughout the City of Virginia Beach. In fact, a gentleman is here
today who I had the privilege of representing a number of years again a very similar
�y situation for a house across from the Fire Station #10 on Providence Road that was
converted to a business with a very tightly proffered application back in the beginning of
conditional zoning when people were not all that comfortable with what it does and what
it will do to protect the neighborhood behind it. It was approved. It has been successful.
It is now an architect's office. It has caused no problem whatsoever with the
neighborhood that abuts it to the rear. We've got situations on Pleasure House Road,
Bonney Road, Shore Drive, Princess Anne Road, Virginia Beach Boulevard, and First
Colonial Road. I could go on and on of homes on roads at the time they were built were
not major arterial highways that have been converted to offices and successfully so. That
is clearly is proposed here. This application has been recommended for approval in the
past by the Planning Commission and by the Planning staff. The
Ed Weeden: Eddie, can you finish up?
Eddie Bourdon: I'm about done. In staff s conclusion that good architecture and site
design are not acceptable substitutes for good land use planning and in our opinion, we
have all of the above that single family residential development on 32,000 square feet
fronting Kempsville Road would not be, and is not good land use planning in this
location.
Dorothy Wood: Thank you Mr. Bourdon.
Eddie Bourdon: Thank you all very much.
Item #3
Mary Spady
Page 4
Dorothy Wood: Are there any questions for Mr. Bourdon?
William Din: Eddie?
Eddie Bourdon: I'll be happy to answer questions.
William Din: I mentioned in the informal meeting that there is a neighborhood
monument sign in the corner of Bellamy Manor Drive. Would that be retained in this
area?
Eddie Bourdon: Absolutely. Our intent and I believe it is in the public right-of-way.
Were it on the subject property we have no problem with it being maintained there. The
intent here is to keep this property to the greatest degree possible looking exactly like it
looks today with additional landscaping and just the provision of better access and a
parking area. That sign will not be disturbed in any way by this proposal. There is no
access proposed upon Bellamy Manor Drive whatsoever. The only access is on Lobaugh
where we already have access to the institutional use to the north that goes beyond us
further to the east beyond this property.
William Din: Can you describe a little better the landscaping in this parking lot area and
to the rest of the residential?
Eddie Bourdon: We are proposing here and there is some existing trees. We're also
proposing a solid hedgerow of and I'm not sure what we are using. I'm sure it's not Red
Tips. I assume it is Crepe Myrtles along the property line where we also have a fence.
Here were proposing a berm along with heavy shrubbery. There are some large trees that
will be maintained. They will not be coming down that are on the southern portion of the
site. This will all remain wooded with the berm being just small berm just to screen any
potential view whatsoever of vehicles that will be parked in the parking lot. Again, the
parking area is set back such that it is 70 feet from the nearest house. I've got the
statistics here. It will be 70 feet from the nearest house. It is 50 feet from the property
line and we will agree to do anything that anyone desires with regard to landscaping the
parking lot. We think we've done much as anyone can expect to do. It's a small six -
space parking lot just for that small office that will be in the house.
William Din: What happens to the driveway on Kempsville Road?
Eddie Bourdon: The driveway on Kempsville Road goes away. The only access will be
on here in the back on Lobaugh Drive, where I believe there is access today.
William Din: Are you physically removing the driveway in the front?
Eddie Bourdon: I don't believe there is one actually in the front. I don't believe there is
any access from Kempsville Road. There is no intention to maintain access on
Item #3
Mary Spady
Page 5
Kempsville Road. The only access will be Lobaugh in the back. The times I've been by
and I've been by a number of times and I didn't notice. There is no one utilizing it.
William Din: Thank you.
Eddie Bourdon: There would be no access on Kempsville.
Dorothy Wood: Ron.
Ronald Ripley: Is the vacant lot has that always been vacant or was there a house on
there at one time? Do you know?
Eddie Bourdon: I do not know that Mr. Ripley. I presumed that at some time there may
have been a house on that property.
Ronald Ripley: Do you know if the applicant or previous owners have tried to sell that
for a residential use or do you know that?
Eddie Bourdon: I don't believe that the applicant has tried to sell any of the property for
residential use or try to sell it period.
Ronald Ripley: Has the applicant owned it a long time?
Eddie Bourdon: She has owned for, I believe a minimum of 12 years. She may have
owned it longer than that.
Dorothy Wood: Kathy.
Kathy Katsias: Is there any room in back to put the parking spaces behind the house
rather than on Kempsville Road?
Eddie Bourdon: We put the parking in the area where it is least potentially intrusive to
anyone. If we were to put the parking in this area it would be in closer proximately to the
side of this gentleman's house here. So just having the driveway coming in to the
parking here places it here. In terms of Kempsville Road you're talking about 60 feet
from the pavement, so we try to place it in a manner that would be least objectionable by
staying as far away as possible from the homes and being able to buffer them
significantly from the homes where as trying to place parking in here would be
problematic in terms. Now our pavement is 18 feet from our property line, which is back
here and to try to put parking here you have to put pavement closer to the shared property
line. We're trying to keep a significant buffer with landscaping and green space from the
residential. It is a transitional use given its location on this major arterial highway.
Dorothy Wood: Thank Eddie. Are there any other questions? Jan.
Item #3
Mary Spady
Page 6
Janice Anderson: Thank you. We received, as you know some petitions they don't
support the application. Have you had a chance to talk to the neighbors on this?
Eddie Bourdon: No. I did not attempt to contact the neighborhood because of the history
of this application. I've sat through these hearings and heard the previous applications
and they have been recommended for approval by Planning Commission and by staff.
From my understanding and from what I've heard it is very obvious that there is a great
deal of issues here that go beyond land use. I don't know if there is anything that I can
say to the folks involved that was going to change any of that. They know what the
proposal is. I believe what everyone clearly recognizes and I don't think there is any
going back that Kempsville Road is going to not only be what it is but it is even going to
be more of an arterial highway. The idea that there is a better use for this piece of
property and that use is residential use, I'm sorry but I think its just come to the point
where everyone has to recognize that to protect this community and putting a use like this
and maintaining the house the way it is the best protection, the best insulation for that
community. I don't know if the City wants to come in and do some parking over here for
an addition to their police station or their library but this is a very innocuous use. It's an
appropriate use for this property in this location given the circumstances. If the house
that was there were facing Lobaugh, it would be a little bit different situation. It is facing
Kempsville Road. It's the only out there that faces Kempsville Road, and to try to use it
residentially, I think we can all recognize it is not an appropriate use. Now, the City may
indicate at some point well we might want to buy some of the property to widen the road.
This house is in line with the parking lot in front of the police station and the library. If
they are going to widen the road that far, which again over 30 feet from the property line
to the pavement they are going to come in and take out their own parking in front of the
police station and the library. So, I believe the application at one point it was defeated by
one vote at City Council, and it was situation where I think the vote was taken in
October. I'm sorry April, wrong election and wrong month. So, I just believe that it is a
very appropriate use. A very well thought out, well proffered and given the
circumstances that we find and it is and I could go through.
Dorothy Wood: Eddie, would you answer Ron's question?
Ronald Ripley: Eddie, you mentioned the right-of-way and the reservation for potential
of widening of Kempsville Road future, what would be the distance between the right-of-
way reservation line and the front of the house? Do you know that distance?
Eddie Bourdon: I do not know that. What I can tell you is that again at 12 feet by a lane
of traffic within the area that the City already has which is about 35 feet there is ample
room to add yet another lane of traffic still would leave 23 feet before you hit the
property line and then from the property line to the house it would be about 30 or maybe
a little bit more than 30 feet. It is just over 30 feet. Again, I don't know what the
ultimate right-of-way is 150 feet and I think with what has already been provided for
here, I'm sure you got over a 100 feet of right-of-way today. When is that day going to
come? I don't know the answer to that.
Item #3
Mary Spady
Page 7
Ronald Ripley: I was trying to find out how close. If the City owned the entire right-of-
way what would be the distance from the new right-of-way line and the front of the
house?
Eddie Bourdon: I don't know where the new right-of-way line will be. I don't know
how the road will be aligned.
Dorothy Wood: Is there any other questions for Mr. Bourdon? Thank you.
Eddie Bourdon: Thank you.
Joseph Strange: We have opposition. Mike Ash.
Mike Ash: My name is Mike Ash.
Dorothy Wood: Glad to have you with us Mr. Ash.
Mike Ash: Thank you. My name is Mike Ash and in the three minutes allotted to me I
would like to speak for the neighborhood. I had spoken to them before on these
occasions, and I live within three houses of the property on Bellamy Manor Drive. We
have as you referred to the petition that has been circulated in the neighborhood. I feel
the majority of the residents of Lobaugh and Bellamy Manor Drive are opposed to this
rezoning on the grounds of the precedent that it sets for furthering encroachment of
commercial property on to our residential neighborhood. It opens up I feel the property
there between Bellamy Manor and Providence Road fronting on to Kempsville Road, it
opens up the possibility of commercial development along Providence Road behind the
houses on Bellamy Manor Drive. So, we welcome the police station and the library in
our neighborhood, we feel that further non-residential encroachment on our
neighborhood is a detriment to our neighborhood. In answering the question the vacant
lot has never been built on. It has always been vacant since the Bellamy Manor area was
developed. I take issue with the fact that there are no other houses fronting Kempsville
Road. If you go to the north to the other side of Lock Lane there are a number of very
nice and desirable residences fronting Kempsville Road exactly the same road, and they
seem to change hands and seem to be very desirable and thy are all very well kept. So,
there are residential residences along Kempsville Road. I would like to draw your
attention to one of my concerns and that is the area down at Kemps River where there are
similar residential areas on Kempsville Road but also there are very some undesirable
commercial properties that I feel, income tax place and they are not very well kept. I
would hate to see that corner of Bellamy Manor Drive go the same way because of the
precedent that it sets for the future of our residential neighborhood. Here is the petition.
We have a number of the residents in the immediate neighborhood. Mr. George Poff
who is behind the property.
Dorothy Wood: Could you use the pointer and show us.
Item #3
Mary Spady
Page 8
Mike Ash: If I can.
Dorothy Wood: You just have to point sir.
Mike Ash: Just point? Mr. Poff is here. He has this residence. George Poff is there. I
live here and we have a number of neighbors in this block here.
Dorothy Wood: So you're all right there.
Mike Ash: If you want to raise your hands to let them know that were here.
Dorothy Wood: Welcome. We're glad to have you.
Mike Ash: Okay. Pretty much all of the residents of these two roads have signed the
petition. There are some people here who declined to sign it but they're not really part of
the neighborhood. I think they're looking for their commercial development in the
future.
Dorothy Wood: Thank you Mr. Ash.
Mike Ash: Thank you very much for your time.
Dorothy Wood: Thank you all very much for coming. Are there any questions for Mr.
Ash? Thanks again. Mr. Bourdon.
Eddie Bourdon: The only thing that I would say and I think you all have to draw on your
own experience throughout the City and fortunately we all have a fair amount of that is
that this type of a use in this location, I don't believe it is and I can understand if I live in
the neighborhood I would want to make sure my neighborhood is going to stay residential
in character. I don't believe that this in any way sets a precedent that is going to cause
the homes here in this block to ever be anything other than what they are and that is
homes. The existing and you can see here the fire station and library with commercial
parking extend well beyond where we are talking about out here. We are across the street
from fast food restaurants, across the street from a major commercial shopping center in
this part of town. If we were talking about trying to rezone this property to a B-2 use or
even a B-1 or B-lA use, then I would be a little more accepting of the argument. Again,
certainly any one can make an argument when you have reasonable disagreement and
that is what I think we have here. But we are talking about a tightly proffered 0-1
zoning, a less intense zoning than the 0-2 that you see here, the 0-2 that is here that
happens not to be on the map as it has been cut. We have an 0-2 here and an 0-2 here.
This is the appropriate zoning for a situation like this, and I don't see how and I don't
believe anyone on this Commission can honestly sit here and say they believe with a
zoning that has been proffered here if it were to be approved that we are going to see
some proliferation of this type of zoning coming eastward along either of these two
residential streets upon which these residences front versus Kempsville Road where this
Item #3
Mary Spady
Page 9
house that we propose to convert to an office fronts on Kempsville Road looking at a fast
food restaurant.
Dorothy Wood: Thanks Mr. Bourdon.
Eddie Bourdon: Thank you all very much.
Dorothy Wood: Discussion? Mr. Knight.
Barry Knight: Yeah. I know this piece of property. I've known it as of two weeks ago
for about 50 years. I've lived south of Acredale for many, many years. I know the
residents who live at Bellamy Manor. In fact, I look at this petition and see some of these
residents have been there since I remembered them. I saw Mr. Falk walk in here today
and I haven't seen him in 30 some odd years but I recognize him. So, you haven't
change very much Mr. Falk. I understand what Mr. Bourdon is saying that if you go
along Kemspville Road and see where it's commercial. It's a main arterial and it is
basically commercial. I absolute agree with that but if you turn 90 degrees, Bellamy
Manor back in the early 60's when it was developed one of these things that Acredale and
Bellamy Manor, Kempsville Colony and Kempsville, across the street is one of the
strawberry fields. Everything changes. Now I understand that but Bellamy Manor is a
well maintained nice, established neighborhood and I believe part of what the problem is
if this is turned into a business on the front it would be least intrusive business that could
be there. Instead of getting the idea that you are going into a neighborhood, which is
Bellamy Manor, is now that you're going through the business district and the
neighborhood is now an after thought. So, I'm kind of torn between this. I think this
would be the least intrusive business that we could possibly put up there and fit with the
strip on Kempsville Road but I think it would possibly hurt the character of Bellamy
Manor so I'll kind of sit back and see what my Co -Commissioners have to say on this.
Dorothy Wood: Thank you sir. Mr. Din.
William Din: Since I represent this area, I'm in this area all the time too. I don't live too
far from this area. I would hate to see a rezoning like this cause an imposition to this
neighborhood because I do think its causing a little more spread of the commercialization
of Kempsville Road. I sort of agree with Mr. Knight that is probably the least intrusive of
that type of change office where you would have a residential looking building but it does
intrude upon this neighborhood. I think you have to draw a line some place and as I see
this neighborhood it does disrupt the residential character of it starting at the very front of
it. I think it does cause the commercialization of Kempsville Road to continue further
down Kempsville Road, which probably eventually will. I don't disagree with that but I
don't think the neighborhood at this point should be disrupted. I think we do need to
draw a line and therefore I don't think a piece of commercialization of encroachment into
this neighborhood should proceed. So, I will not be supporting this application.
Item #3
Mary Spady
Page 10
Dorothy Wood: Since this is your area would you like to make that in a form of a motion
sir then we'll go on and hear the rest of the people.
William Din: Let's hear the rest first.
Dorothy Wood: Mr. Crabtree.
Eugene Crabtree: Well, Kempsville Road is a major thoroughfare through this City
where we want to associate with Providence Road. I look at the progress on Kempsville
Road the same way as I look at it on Independence or look at on Holland Road. When I
first moved to this City that is where all the residential areas have not been built upon or
none of the neighborhoods have been encroached upon. It is inevitable that Kempsville
Road is going to become a thoroughfare and become an industrial business office
complex all the entire length of the road. This is the least intrusive for a business that can
go in there. I think it's inevitable. I think it does fit with what's on Kempsville Road. It
doesn't fit with what's in Bellamy Manor but it does fit with what's on Kempsville Road.
I'm going to support the application.
Dorothy Wood: Thank you. Are there any other comments? Ms. Anderson. Mr.
Strange.
Janice Anderson: Thank you. Just like Mr. Din said I believe the office use would be
probably an appropriate use but I don't believe residential is not appropriate. There are
residential still on Kempsville Road that are very attractive properties, and this
neighborhood especially is flourishing even with residential located on Kempsville Road.
I think with the change of zoning it might have an adverse affect on the existing
neighborhood so I have reservation with the change of zoning.
Dorothy Wood: Thank you. Mr. Waller.
John Waller: In looking at the code, the legislative intent is pretty clear to what it says,
compatible with residential uses, which may adjoin this property. And that is a perfect
example. I'm going to support the application.
Dorothy Wood: Thank you. Ms. Katsias.
Kathy Katsias: Well, I agree with my fellow Commissioner Mr. Waller. Kempsville
Road is a major arterial road. I think the applicant has addressed adequate buffers on
Kempsville Road as well as on the side and rear of the property. The proffers address the
limited use therefore, I think I'm going to support this application based on the evidence.
Dorothy Wood: Mr. Strange.
Joseph Strange: Eddie, did you say that this piece of property has not been marketed as
residential at this point?
Item #3
Mary Spady
Page 11
Eddie Bourdon: Ms. Spady, since she has owned the property has not tried to market it
because she wants to use it for her office. That is what she has been trying to do for
decades.
Joseph Strange: Earlier I think you made a statement that it really wasn't residential and
it was. You may have been trying to market it that way.
Eddie Bourdon: All I can suggest to you is that if you put yourself in the shoes of
someone looking to buy a home are you going to buy a home fronting on Kempsville
Road or a home fronting on Rosemont Road, where you got traffic just stacked up in
front of your house going to the fast food restaurant across the street in the shopping
center. You can sell anything to anybody. The question is, is it an appropriate use of the
property. Is it something that we all can sit here and say, "oh sure, I'll buy a house and
live there" or "I'd buy that vacant lot and build another house on there" in a heartbeat. I
don't believe that would be something that we would be if we were coming in to develop
this property today, all of Bellamy Manor I don't think we would be approving a
rezoning to build houses that front on Kempsville Road as a part of that rezoning. We
would not be doing that and you do not do that every month when you see zonings for
residential neighborhoods. Therefore, dealing with the situation that we have presented
to us I think that's why we have a zoning ordinance that provides transitional uses like 0-
1 zoning and that is why I think it's an appropriate request with regard to this property.
Dorothy Wood: Is there any other questions?
Joseph Strange: I would like to say that in the past we have had zoned on a piece of
property but it didn't seem to develop that because no one was willing to use it for that
like for that B-1 property that we changed because no one wanted to develop a 13-1
zoning. If in fact that this piece of property had tried to feed the market as a home no on
would buy it. I think that would lend a little more credence to putting an office there,
which I agree with everyone else. I've seen these types of situations next to a
neighborhood where it was appropriate. It didn't seem to be a problem. If you were
there you wouldn't want it there but after you there you really didn't hardly notice it. I
can see both sides of this but of the fact that it hasn't been conditionally marketed at a fair
market price and I'm not going to support it.
Dorothy Wood: Mr. Horsley.
Donald Horsley: Really what concerns me is that the use doesn't really concern me as
much as the rezoning. I think that's the key to the whole thing. You got a rezoning of a
piece of property in a residential area. I know it is possible to do what Ms. Spady wants
to do whether it's a Conditional Use Permit or not Mr. Scott, I don't think so. So,
therefore it appears to me that the Community is pretty strong in its disagreement with
this use and it has been that way for many, many years. This appears to be a very
established community and I would hate to disrupt the community that has been a main
stay so long so I'm probably going to vote against it.
Item #3
Mary Spady
Page 12
Dorothy Wood: Thank you.
Donald Horsley: I think I voted against this one time before.
Dorothy Wood: I bet you did sir.
William Din: Madame Chair, I would like to make a motion to deny this application.
Barry Knight: I'll second it.
Dorothy Wood: A motion by Mr. Din and seconded by Mr. Knight to deny. Mr. Miller.
Robert Miller: I need to abstain from this. My firm is working on the project.
AYE 6 NAY 4 ABS 1 ABSENT 0
ANDERSON
AYE
CRABTREE
NAY
DIN
AYE
HORSLEY
AYE
KATSIAS
NAY
KNIGHT
AYE
MILLER
ABS
RIPLEY
NAY
STRANGE
AYE
WALLER
NAY
WOOD
AYE
Ed Weeden: By a vote of 6-4 with one abstention, the application of Mary Spady has
been denied.
Dorothy Wood: Thank you all for coming down.
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MARY SPADY PROPERTY REZONING PROTEST
We the undersigned, living in Virginia Beach, Bellamy Manor Section and other
nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by
Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional
(01) Commercial. This rezoning will only set precedent for future commercialization and
encroachment in our neighborhood. We disagree with this rezoning even more so now
than the previous two times it was turned down by City Council.
9
i
MARY SPADY PROPERTY REZONING PROTEST
We the undersigned, living in Virginia Beach, Bellamy Manor Section and other
nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by
Ms. Mary Spady, (located sit 844 Kempsville Rd.) from (R-10) Residential to Conditional
(01) Commercial. This rezoning will only set precedent for future commercialization and
encroachment in our neighborhood. We disagree with this rezoning even more so now
than the previous two times it was turned down by City Council.
NAME ADDRESS PHONE #
S-
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MARY SPADY PROPERTY REZONING PROTEST
We the undersigned, living in Virginia Beach, Bellamy Manor Section and other
nearby sheets in the Kempsville Area, wish to protest the rezoning of property owned by
Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional
(01) Commercial. This rezoning will only set precedent for future commercialization and
encroachment in our neighborhood. W� disagree with this rezoning even more so now
than the previous two times it was turned down by City Council.
RTAMP ADDRESS PHONE #
F'11
MARY SPADY PROPERTY REZONING PROTEST
• We the undersigned, living in Virginia Beach, Bellamy Manor Section and other
nearby streets in the Kempsville Area, wish to protest the rezoning of property owned by
Ms. Mary Spady, (located at 844 Kempsville Rd.) from (R-10) Residential to Conditional
(01) Commercial. This rezoning will only set precedent for future commercialization and
encroachment in our neighborhood. We disagree with this rezoning even more so now
than the previous two times it was turned down by City Council.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Extension of Time for Street Closure of VTC One, L.L.C.
MEETING DATE: November 23, 2004
■ Background:
An Ordinance extending the date for satisfying conditions in the matter of the
application of VTC One, L.L.C. to close, vacate, and discontinue a portion of
Regent University Drive, beginning 500 feet south of Interstate 64 and running a
distance of 420.48 feet.
■ Considerations:
On November 25, 2003, the City Council granted the request of VTC One, L.L.C.
to close a portion of Regent University Drive. The purpose of the closure was to
incorporate the area into the site that has since been developed for the
Amerigroup office complex.
There were five conditions attached to the approval:
The City Attorney's Office shall make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat shall be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company shall be provided.
4. The applicant must secure title to the portion of Regent University Drive
currently owned by the Commonwealth of Virginia.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within one year of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
The applicant has worked to satisfy the conditions, but requires additional time to
complete satisfaction of Condition 4. City Staff concludes that the request for
additional time is reasonable.
■ Recommendations:
Staff recommends that an extension of 90 days be granted.
■ Attachments:
Ordinance
Staff Review from 2003
Disclosure Statement
Location Map
Recommended Action:
Submitting Department/Agency: Planning Department
l
City Manager: t�-- `��
1
2 ORDINANCE NO.
3
4
5
5 AN ORDINANCE EXTENDING THE DATE FOR
7 SATISFYING CONDITIONS IN THE MATTER OF
g THE CLOSING, VACATING AND
9 DISCONTINUING OF A PORTION OF REGENT
10 UNIVERSITY DRIVE, UPON THE APPLICATION
11 OF VTC ONE, L.L.C.
12
13
14 WHEREAS, on November 25, 2003, the Council of the City of Virginia Beach acted upon
15 the application of the VTC One, L.L.0 for the closure of portion of Regent University Drive;
16 WHEREAS, on November 25, 2003 the Council adopted an Ordinance to close the aforesaid
17 street, subject to certain conditions being met on or before November 24, 2004; and
18 WHEREAS, on November 17, 2004, the applicants requested an extension of time to satisfy
19 the conditions attached to the aforesaid street closure.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That the date for meeting conditions of closure as stated in the Ordinance adopted on
23 November 25, 2003, upon application of the VTC One, L.L.C., is extended to February 21, 2005.
24
25 GPINS:1455-68-3796-0000
26
27
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
29 12004.
30
31
32 CA-9425
33 11 \OI D\REAL ESTATE\Street C1osure\ca9425.ext.ord.doc
34 Date:11/17/04
35 R1
36
37 APPROV D AS O CONTENT:
zz
38
39
40 Planning Departure
41
42
43
44 APPROVED AS TO LEGAL SUFFICIENCY:
45 CwAp 046 �
47 City Attorneys Office
48
I VTC ONE, LLC / # 19]
October 8, 2003
General Information:
APPLICATION
NUMBER: B09-214-STC-2003
REQUEST: Street Closure
ADDRESS: Portion of Regent University Drive, beginning 500 feet south of
Interstate 64 and running a distance of 420.48 feet
Map B-9 VTC One LLC
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Street Closure
ELECTION
DISTRICT: 1 — CENTERVILLE
SITE SIZE: 3,604.68 square feet
STAFF
PLANNER: Barbara Duke
PURPOSE: To close a portion of Regent University Drive and incorporate the area
into a site being developed for a large office complex. The site plan
for the office complex is currently under review by the City.
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 1 of 11
Land Use, Zoning, and Site Characteristics:
Existing Land Use and Zoning
The portion of Regent University Drive requested for closure is currently undeveloped
right of way.
Surrounding Land Use and Zoning
North: • Property proposed for the office complex
Light Industrial District
South: • Property proposed for the office complex
Light Industrial District
East: • Regent University / 0-2 Office District
West: • Property proposed for the office complex
Light Industrial District
Zoning History
The adjacent property proposed for the office complex was zoned for light industrial use
in 1972. A street closure of West Centerville Turnpike was granted in 1993 on the office
complex property. Other zoning actions on surrounding properties are noted on the
zoning history map.
Public Facilities and Services
Water and Sewer
There are no sewer or water utilities within the right-of-way proposed for closure.
Public Works
There are no drainage structures within the right-of-way proposed for closure.
Public Safety
Police: No Comments.
Fire and No Comments.
Rescue:
Private Utilities
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 2 of 11
Preliminary comments from Hampton Roads Sanitation District indicate there are no
utilities within the right-of-way proposed for closure. No comments have been received
from Dominion Power or Virginia Natural Gas.
Comprehensive Plan
The Comprehensive Plan recommends that this area be developed with office uses
consistent with the underlying zoning of 1-1 Light Industrial District.
Evaluation of Request
The Viewers Committee has determined that the request to close a portion of Regent
University Drive will not result in a public inconvenience. The property will be
incorporated into a high quality office complex that is being developed in accordance
with the Comprehensive Plan recommendations for this area. The requested closure of
a portion of Regent University Drive is recommended for approval with the following
conditions.
Conditions
1. The City Attorney's Office shall make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat shall be submitted
and approved for recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to the
utility company shall be provided.
4. The applicant must secure title to the portion of Regent University Drive currently
owned by the Commonwealth of Virginia.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within one year of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way this approval shall be
considered null and void.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances,
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 3 of 11
NOi'4 OR FORMERLY
THE %HR)STIAN BROAKASTING
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NETWORK. INC
R 207, PC 1411
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Area Vacated
18,179.44 s. ft.
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PROPOSED AUERIGROUP
SUPPORT CENTER
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N83042'41 "W 43.96'
I I 2 S05000132"E 237.67'
f rr t/ ff I.3 S04044'44" E 182.81'
rn t f L4 N85013'21"E 44.72'
Tay N85°13'21"E 27.00`
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DEDICATION
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VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 4 of 11
kk 7
ii
I
L ISCL OIESU 2E STATEMENT
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below:
(:Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below. {Attach list
I f necessary)
— GE
M INDIAN RIVER, LLC (See attached for members
—a wholly owned subsidiary to be formed of United States
Media Corporation (see attached for officers)
Check here if the applicant is NOT a corporation, partnership, firm, or other
unincorporated organization.
rCERTIFICATION:I certify that the information contained hherein is true and accurate.
erstand that, upon receipt of notification (postcard) that the application has been
uled for public hearing, I am responsible for obtaining and posting the required
n the subject property at least 30 days prior to the scheduled public hearing
ding to the instructions in this package.
Applicant's Si nature Print Name
THE HRIS i3ROADCASTING NETWORK, INC.
Vincent J. Mastracco, Jr.
ro erty Owne s Sig attire (if different than applicant) Print Name
Street Closure Application
Page 13 of 13
Revised 7 9f2003
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 6 of 11
DISCLt�SUR1E STATEMENT
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below.
(Attach list if necessary)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below; (Attach list
IF necessary)
GEM Indian river, LL (See attached for members)
xh-glly ownad--sbs' iar o be f rmed of Unite3 Stages__
Media Corporation (see attached for officers)
L
here if the applicant is NOT a corporation, partnership, firm, or other
orporated organization.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (Postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
si ft - the subject property at least 30 days prior to the scheduled public hearing
accordina to the iftstrugtions in this package.
Property Owner's signature (if different than applicant) Print Name
street Closure Application
page is of 93
Revised 7/1/2003
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 7 of 11
ATTACHMENT TO DISCLOSURE STATEMENT
12 104=0ZIN 'i wig=
M.G. Robertson President/Chairman/CEO
Michael Carter Vice President
G. Michael Carter Vice President
Michael D. Little WAS
I 111111111 g�
Ill 111 �11111
Douglas D. Ellis
Bruce A. Berlin
Donna Whittaker
VTC One, L.L.C.
October 8,2003 Planning Commission
Page 8 of 11
ZONING HISTORY
1. 09/28/93 — STREET CLOSURE — Granted
2. 03/27/72 - REZONING — RD-1 Residential to MI-3 Industrial — Granted
3. 07/0/93 — REZONING to 0-2 Office District — Granted
4. 04/10/84 — CONDITIONAL USE PERMIT (relay device) — Granted
5. 01/16/84 — REZONING to R-40 Residential — Granted
01/16/84 — CONDITIONAL USE PERMIT (horse stable) - Granted
VTC One, L.L.C.
October 8, 2003 Planning Commission
Page 9 of 11
CIVIL LAWSUITS RESOLVED DURING THE MONTH OF
OCTOBER 2004
Virginia Beach Circuit Court
David D. Duty v. Patricia L. Vaneeckhoute--Underinsured Motorist Claim
In May 2002, while engaged in a routine traffic stop on the shoulder of Interstate 264,
City police officer David Duty was struck and injured by a car driven by Patricia
Vaneeckhoute. As a consequence, Duty, in May 2004, sued Vaneeckhoute for
$1,350,000 for the injuries and both the City and his personal automobile insurance
company for additional insurance coverage under the underinsured motorist statute. In
response, the City gave notice of its $30,030 lien against any recovery from
Vaneeckhoute, for the workers' compensation benefits provided Duty for the injuries.
Duty settled his suit against Vaneeckhoute, and in doing so accepted the full amount of
Vaneeckhoute's $25,000 automobile liability coverage, which was paid over to the City,
less pro-rata costs and expenses, in satisfaction of the City's workers' compensation lien.
Duty also received $25,000 from his own underinsurance coverage. This amount is not
subject to the City's lien as it is coverage provided to Duty by the terms of his policy.
ABSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH , Virginia,
at the November 2, 2004 General Election, for:
ELECTORS FOR
PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES
THE TABULATION FOR EACH ELECTOR ENTERED IN THIS ELECTION IS AS FOLLOWS:
Democratic Party for Electors for John F. Kerry, President and John Edwards, Vice President
Lawrence A. Davies Carl U. Eggleston
Jeffrey A. Breit Ronald E. Telsch
Barbara H. Klear Ellen H. Chewning
L11 S ruill Sr
Bernard M. Fagelson Lilyan Y. Spero
J. Jack Kennedy, Jr. Dwight C. Jones
Samuel T. Crockett III Betty L. Squire
� p
Total Votes Received 70,666
(in figures)
Republican Party for Electors for George W. Bush, President and Dick Cheney, Vice President
Yvonne McGee McCoy
Keith C. Drake Sean Michael Spicer Carlton John Davis Loretta H. Tate Wendell S. Walker Lloyd C. Martin Charles E. Dane
Rebecca Anne Stoeckel
Theodore C. Brown, Jr. Peter E. Broadbent, Jr. Dorothy L. Simpson
F. Woodrow Harris
Total Votes Received 103,752
(in figures)
Constitution Party for Electors for Michael A. Peroutka, President and Chuck Baldwin, Vice President
Sall Lankford Witt Mario A. Calabrese Mitchell K. R. Turner
Robert Harry Mahaffy y HenryBradley D. Crose Louis F. Sette Edward Johnson Brandon Payton Butterworth
William E. Potter Alan Francis Downing Potter Howard Phillips Thomas D. Lee
Jeremy J. Luzier
Total Votes Received _ 274
(in figures)
CONTINLrED ON REVERSE SIDE
Election
Electors for President and Vice President of the United States General El
November 2004
County/City of
VIRGINIA BEACH Page 2 of 2
Libertarian Party for Electors for Michael Badnarik, President and Richard Campagna, Vice President
Dwi t E. Baker James Arthur Turbett William Francis Lawry III
Stewart L. Engel ph James W. Lark III Steven J. Damerell
Brian E. Babb Joseph D. R arche Leonard T. Harris
David E. Hultstrom George N. Marchenko William B. Redpath
Lennice F. Werth 656
Total Votes Received
(in figures)
Total Write-in Votes 339
[Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ............... (i„ figures)
274
Total Number Of Overvotes For Office .... • • • . • • • • . • • • • • • . • • • • ......... (in figures)
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election held on November 2, 2004, do hereby certify that the above is a true and correct Abstract of
Votes cast at said election for Electors for President and Vice President of the United States.
Given under our hands this 4th day of November,, 2004.
A copy teste:
Electoral
Board
Seal
Chairman
Chairman
Secretary
Secretary, Electoral Board
COMPLETE AND RETURN THIS FORM TO SBE TOGETHER WITH THE ABSTRACT FOR PRESIDENT AND VICE PRESIDENT.
ONLY WRITE-INS FOR THE NAMES LISTED BELOW (OR VARIATIIONS THEREOF) CAN BE COUNTED AS VALID.
WRITE-INS CERTIFICATION
Electors For President And Vice President
VIRGINIA BEACH
❑ COUNTY 9 CITY November 2, 2004 General Election
Page 1 of 1
TOTAL VOTES
RECEIVED
(IN FIGURES)
WRITE-INS - SUMMARY [REQUIRED]
1. Invalid Write -Ins ............. ...
210
ENTER TOTAL INVALID
2. Valid Write-Ins.................................................................................
129
ENTER TOTAL VALID
3. Total Write-Ins.................................................................................
339
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.]
ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL
ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL THE TOTAL
TOTAL VOTES
ENTERED ON LINE 2 ABOVE.
RECEIVED
(IN FIGURES)
Walter F. Brown/Mary Alice Herbert ...............................................
2
DavidCobb........................................................................................
4
RalphNader.......................................................................................
123
JosephSpence..................................................................................
0
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 2004, do hereby certify that, the above is a true and correct
certification of the write-in votes cast at said election for this office.
Given under our hands this
A copy teste:
Electoral
Board
Seal
446 day of November, 2C^"
hairman
hairman
Secretary
%�.-4 Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH
at the November 2, 2004 General Election, for:
, Virginia,
MEMBER
HOUSE OF REPRESENTATIVES
2nd District
TOTAL VOTES
RECEWD
NAMES OF CANDIDATES wnm PARTY/D AS PRNYTED ON BALLOT (IN FVURES)
DAVID B. ASHE - D .......................... 77,472
THELMA D. DRAKE - R ........................ 96,552
Total Write -In Votes
[Valid Write -Ins + Invalid Write -Ins = Total Write -In Votes] ......
Total Number Of Overvotes For Office .............
130
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 2004, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the
United States.
Given under our hands this
A copy testes
Electoral
Board
Seal
4th
_ day of November, 2004------.,
Chairman
Chairman
Secretary
Secretary, Electoral Board
ABSTRACT OF VOTES
cast in the CITY OF VIRGINIA BEACH , Virginia,
at the November 2, 2004 Special Election, for:
PROPOSED CONSTITUTIONAL AMENDMENTS
QUESTION 1: Shall Section 6 of Article II of the Constitution of Virginia be amended to
provide that members of the United States House of Representatives, Virginia Senate, and
House of Delegates who are serving in the year following a new United States Census,
vghen decennial redistricting is required, shall complete their terms of office and continue
to represent the district from which they were elected for that term of office and that any
vacancy during the term shall be filled from the same district that elected the member
whose term is being filled?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 136,570
NO 26,525
Total Number Of Overvotes For Question ......... 23
QUESTION 2: Shall Section 16 of Article V of the Constitution of Virginia be amended to
provide for additional possible successors to fill the office of Governor in the event of an
emergency or enemy attack and until the House of Delegates is able to meet to elect a
Governor?
TOTAL VOTES
RECEIVED
(IN FIGURES)
YES 136,321
NO 25,131
Total Number Of Overvotes For Question ...... 11
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 2, 2004, do hereby certify that the above is a true and correct
Abstract of Votes cast at said election for and against the proposed constitutional amendments.
Given under our hands this 4th day ,
A copy teste:
Electoral
Board
Seal
Chairman
Chairman
. �I , h� .� �c-`-°�•~-..y , Secretary
-- Secretary, Electoral Board