AUGUST 9, 2005 AGENDACITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M DYER, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RONA. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
9 AUGUST 2005
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BRIEFINGS Conference Room 1:00PM
A. SOUTHEASTERN PARKWAY and GREENBELT — Memorandum of Understanding (MOU)
Robert Matthias, Assistant to the City Manager
Ken Wilkinson, Regional Project Manager, VDOT
B. CHARTER BUS OPERATIONS — Atlantic Avenue
Dean Block, Director, Public Works
John Hendrickson, Traffic Group Supervisor, Parsons Brinckerhoff Quade & Douglas
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION - Conference Room - 3:00PM
A. CALL TO ORDER — Vice Mayor Louis R. Jones
(Mayor Oberndorf heading Mayoral Delegation to Sister City, Moss, Norway)
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
A.
B.
C.
D.
E.
F.
G
H
I
CALL TO ORDER — Vice Mayor Louis R. Jones
INVOCATION: Reverend Kevin Milcarek
Pastor, Back Bay Christian Assembly of God
6:00PM
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1. INFORMAL AND FORMAL SESSIONS August 2, 2005
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
ORDINANCES/ RESOLUTION
1. Ordinance to AMEND §23-2.1 of the City Code re curfews imposed after a "declaration of an
emergency"
2. Resolution to EXPRESS support for a grant application to the U. S. Department of Justice for
response equipment re use of weapons of mass destruction (WMD) and the City's
preparedness to terrorism
3. Ordinances to ACCEPT Grants and APPROPRIATE:
a. $1,361,634 from the Department of Justice through the Virginia Department of
Emergency Management to the FY 2005-06 Operating Budget for equipment and
training for various departments re response to weapons of mass destruction (WMD)
b. $53,400 from the Virginia Department of Criminal Justice Services and the U.S.
Department of Justice and TRANSFER $17,800 from Reserve for Contingencies to the
FY 2005-06 Operating Budget of the Police Department re crime analysis training,
software and equipment
4. Ordinance to AUTHORIZE a temporary encroachment into the City's right-of-way for
MARY K. and MICHAEL L. SIZEMORE at 2401 Whaler Court re replacement of a fence
(DISTRICT 5 — LYNNHAVEN)
J. PLANNING
1. Application of SHIPPS CORNER SOCCER COMPLEX for MODIFICATION of
Condition No. 5 re lighting fixtures on a Conditional Use Permit, (approved by City Council
March 23, 2004) at Shipps Corner and Holland Roads. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
2. Application of ST. MICHAEL LUTHERAN CHURCH for MODIFICATION of
Condition No. 6 re capacity limitation on a Conditional Use Permit, (approved by City
Council October 12, 2004) at 2208 Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION: APPROVAL
3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all
the requirements of the City Zoning Ordinance (CZO) for STEPHEN H. KNIGHT at 2208
Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE)
STAFF RECOMMENDATION: DENIAL
PLANNING COMMISSION RECOMMENDATION: APPROVAL
4. Application of CECILY CZAPANSKIY for a Conditional Use Permit re a riding academy
at 3943 Dawley Road. (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of JACK RABBIT SELF STORAGE/GREEN RUN, LLC for a Change ofZoning
District Classification from A-12 Apartment District to Conditional B-2 Community Business
District for a mini -warehouse facility at 3329 Crabapple Road. (DISTRICT 3 — ROSE HALL)
RECOMMENDATION:
K. APPOINTMENTS
BOARD OF ZONING APPEALS
BEACHES and WATERWAYS COMMISSION
DEVELOPMENT AUTHORITY
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
HEALTH SERVICES ADVISORY BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA
PARKS and RECREATION COMMISSION
PERSONNEL BOARD (Alternates)
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
APPROVAL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 8/9/05 st
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Amend the City Code by Adding Section 23-2.1
Pertaining to Curfews Imposed After the Declaration of an
Emergency
MEETING DATE: August 9, 2005
■ Background: The extent of damage and life -threatening conditions from
hurricanes and other natural disasters are unpredictable. While the present City Code
grants the Chief of Police authority to declare a curfew in cases of riot or unrest, there is
no specific City Code provision allowing for the declaration of a curfew to ensure the
public safety and order during, or in the aftermath of, a natural or manmade disaster.
■ Considerations: The proposed ordinance authorizes the imposition of a curfew
during declared emergencies, and specifies the procedures necessary for the imposition
of a curfew. It also provides for exemptions for certain persons and activities.
■ Public Information: This item will be advertised in the same manner as other
items on City Council's agenda.
■ Recommendations: Adopt Ordinance
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police
City Manager
1 AN ORDINANCE TO AMEND THE CITY CODE
2 BY ADDING SECTION 23-2.1, PERTAINING
3 TO CURFEWS IMPOSED AFTER THE
4 DECLARATION OF AN EMERGENCY
5 SECTION ADDED: § 23-2.1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 23-2.1 of the City Code is hereby added, to read
11 as follows:
12 Sec. 23-2.1 Curfews after declarations of emergenc
13
14 (a) Pursuant to the police powers granted to the City by
15 Vircrinia Code Section 15.2-1105, and in the interest of promoting
16 public safety, the City Manager or his designee is hereby
17 authorized to impose a curfew after the declaration of an
18 emergency, in accordance with the provisions of this section.
19 (b) As used in this section:
20 (1) "Curfew" means an order issued by the City Manager
21
22
23
24
25
prohibiting persons from being present on any
street, road, alley, avenue, park or other public
lace in the Citv or anv portion thereof
designated by the City Manager during specified
times of the day or night;
26 (2) "City Manager" means the City Manager or his
27 designee;
28 (3) "Natural disaster" means any hurricane, tornado,
29 storm, flood, hiqh water, wind -driven water, tidal
30 wave, earthquake, drought, fire or other natural
31 catastrophe resulting in damage, hardship,
32 suffering or possible loss of life; and
33
(4) "Manmade disaster" means any condition following an
34
attack by an enemy or foreign nation upon the City
35
of Virginia Beach that results in substantial
36
damage of property or injury to persons in the
37
United States, and may be by use of bombs,
38
missiles, shell fire, nuclear, radiological,
39
chemical or biological means or other weapons or
40
by overt paramilitary actions; terrorism, foreign
41
and domestic; any industrial, nuclear or
42
transportation accident, explosion, conflagration,
43
power failure, or other condition such as
44
sabotage, oil spills; and other injurious
45
environmental contaminations that threaten or
46 cause damage to property, human suffering,
47 hardship or loss of life.
48 (c) It shall be unlawful for any person, after having been
49 warned by a law -enforcement officer, to remain on any street, road,
50 alley, avenue, park or other public place in the City, or in any
51 vehicle operating or parked thereon, in any portion of the City
52 designated by the City Manager, during a curfew.
53 (d) It shall be unlawful for the owner or proprietor of any
54 retail, wholesale or eating and drinking establishment,
55 entertainment venue or similar establishment, or other person in
56 control of such establishment, to allow any person to remain on the
2
57 premises without the express written permission of the Cit
58 Manager; provided, however, that this prohibition shall not apply
59 to lodging establishments serving registered guests.
60 (e) The following persons shall be exempt from the provisions
61 of this section while on duty or travelinq to and from work:
62 (1) hospital personnel;
63 (2) City employees and volunteers;
64 (3) military personnel;
65 (4) employees of public utility companies;
66 (5) private emergency medical transport workers; and
67 (6) other emergency workers as authorized by the City
ME
Manager.
69 (f) Nothing in this section shall be construed to prohibit or
70 restrict travel to a hospital in the event of a medical emergency,
71 nor shall such travel be considered in violation of this section.
72 (g) The City Manager may direct and compel the restricted
73 movement of persons within the City, or any specified areas within
74 the Citv, and the occupancy of premises therein during specified
75 times of the day or night, if he deems such action necessary for
76 the preservation of life, the implementation of emergency
77 mitigation, preparedness, response actions or recovery actions
78 anticipated or resulting from the dancers caused by an imminent
79 natural disaster or the resulting effects thereof, pursuant to the
80 following procedure:
3
81
(1) The authority conferred upon the City manager by
82
this section shall arise only after either the
83
State or the City declares an emergency in
84
accordance with the provisions of Code of Virginia
85
Section 44-146.17 or Section 44-146.21, for a
86
geographical area located within the boundaries of
87
the City;
88
(2) The curfew shall be announced in such manner as is
89
reasonably calculated to provide notice to the
90
public of the imposition of the curfew.
91
Termination of curfew shall be in like manner;
92
(3) The circumstances justifying the imposition of a
93
curfew and the time and location of the imposed
94
curfew shall be maintained as part of the incident
95
documentation;
96 (4) No curfew shall be imposed except in areas and at
97 times that can be justified as necessary for the
98 public safety.
99 (5) The action of the City Manager in imposing a curfew
100 during a natural disaster shall be ratified by the
101 City Council at its next regularly scheduled
102 meeting.
103 (q) A violation of this section shall be punishable as a
104 Class 1 misdemeanor.
V
105
106
107
108
109
110
111
112
113
114
115
rrn1%41%4UXT'r_
This section authorizes the City Manager or his designee to impose a curfew after the
declaration of a local or state emergency, if warranted. Curfews may be imposed after either natural
or manmade disasters, both of which types are defined in the ordinance. The ordinance also specifies a
procedure for the imposition of a curfew, and requires law -enforcement officers to warn persons that a
curfew has been imposed as a prerequisite for a violation. Violations constitute a Class 1 misdemeanor.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of
APPROVED AS TO CONTENT:
Police Department
2005.
APPROVED AS TO LEGAL
SUFFICIENCY:
N lVa
City Attorney's Office
CA-9684
H:\PA\GG\Ordres\proposed\Curfew 23-2.1 ord
R-4
August 4, 2005
9
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Express Support for a U. S. Department of Justice Grant
Application for Equipment Needed for Response to the Use of Weapons of
Mass Destruction
MEETING DATE: August 9, 2005
■ Background: The City has been notified that the Department of Justice will be
providing pass -through funding for localities to support equipment needs related
to preparedness and response to weapons of mass destruction (WMD) events.
The Virginia Department of Emergency Management has awarded the City a
total of $390,399 through a population formula. The grant requires a resolution
of support from City Council, and equipment purchases must be approved by the
grantor prior to receipt of the funds. The grant funding will be appropriated once
approval is granted from the state.
A committee has met to assess the needs and priorities for the City as a whole,
based on the framework endorsed by the Safe Community Strategic Issue Team.
Funding from this grant will be allocated as follows:
$75,000 for a full-time Emergency Planning Position to coordinate the
development of a single plan for use by all responders. This position will be
authorized for the grant period only.
• $120,200 allocated to city-wide training in order to meet the requirements of
the National Incident Management System.
• $97,600 for technology equipment to support preplanning and incident
management in conjunction with the replacement of Mobile Data Terminals in
emergency vehicles.
• $97,599 to purchase equipment to set up temporary facilities and provide
mobile sheltering during recovery phases of an incident.
■ Considerations: This funding will provide better capabilities to safely address
everyday emergency response in addition to increasing the City's preparedness
to respond to events involving terrorism or weapons of mass destruction.
■ Public Information: Public Information will be handled through the normal
Council agenda process.
■ Alternatives: The city currently does not have the capacity to fund the
requested items within current revenue projections.
■ Recommendations: Adopt the resolution to support the application for the grant
proposal totaling $390,399 to address ongoing emergency response need and
increasing the City's capability to effectively respond to WMD events.
■ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Management Services
City Manager: Qtyt4 7�j
1 A RESOLUTION TO EXPRESS SUPPORT FOR A U.S.
2 DEPARTMENT OF JUSTICE GRANT APPLICATION FOR
3 EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF
4 WEAPONS OF MASS DESTRUCTION
5 WHEREAS, the City of Virginia Beach has completed the
6 application for an equipment grant from the U.S. Department of
7 Justice, related to local response to the use of weapons of mass
8 destruction.
9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, Virginia:
11 1. That James K. Spore, City Manager, or his designee, is
12 hereby authorized to execute for and on behalf of the
13
City
of Virginia
Beach, a
public
entity established
14
under
the laws
of the
State
of Virginia, this
15 application and to file it in the appropriate State
16 Office for the purpose of obtaining certain Federal
17 financial assistance under the OJP, National Domestic
18 Preparedness Office Grant Program(s), administered by
19
the Commonwealth of
Virginia;
and
20
2. That the Virginia
Beach City
Council, a public entity
21
established under
the laws
of the Commonwealth of
22 Virginia, hereby authorizes its agent to provide to the
23
Commonwealth
and
to the
Office of
Justice
Programs
24
(OJP) for
all
matters
pertaining
to such
Federal
25 financial assistance any and all information pertaining
26 to these Grants as may be requested.
27 Accepted by the Council of the City of Virginia Beach,
28 Virginia on the day of , 2005.
Approved as to Content
anage e t Services
Approved as to Legal
Sufficiency
City Attorney's Of ice
CA9722
H:\PA\GG\OrdRes\WMD Response Equipment Grant Res.
R-1
July 28, 2005
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $1,361,634 from the U.S.
Department of Justice to the FY 2005-06 Operating Budget to Provide
Equipment and Training for City Responders
MEETING DATE: August 9, 2005
■ Background: The City was notified that the Department of Justice would be
providing pass -through funding for localities to support equipment needs related
to preparedness and response to weapons of mass destruction (WMD) events.
The Virginia Department of Emergency Management has awarded the City a
total of $1,361,634 through a population formula. There is no City match
required for this grant.
A committee has met to assess the needs and priorities for the City as a whole.
The final determinations for funding were endorsed by the Safe Community
Strategic Issue Team. This committee determined that this initial funding was
best spent primarily on public -safety related equipment. Funding from these
grants will be allocated as follows:
$20,000 to train instructors within the city to carry out all necessary training
for city personnel related to WMD
• $38,400 to train responders in basic Incident Command Structures as
required by the Department of Homeland Security
• $55,000 to purchase of a mass casualty response truck
• $20,000 to purchase of ventilators
• $40,000 to purchase of radiation pager detectors
• $125,000 to purchase of card access systems for municipal buildings
• $60,000 to address the need for a backup refrigeration unit for medications
stored by the Health Department
• $425,234 to upgrade alert systems at fire -rescue stations
• $220,000 to purchase a SWAT response vehicle for Police
• $10,000 to purchase night vision goggles for Police
• $2,000 for a flaring kit
• $346,000 for specialized equipment for the EOC
$1,361,634 Total
■ Considerations: This funding will provide better capabilities to safely address
everyday emergency response in addition to increasing the City's preparedness
to respond to events involving terrorism or weapons of mass destruction.
■ Public Information: Public Information would be handled through the normal
Council Agenda public information process.
■ Alternatives: The city currently does not have the capacity to fund the
requested items within current revenue projections.
■ Recommendations: Accept the grant and appropriate $1,361,634 to address
ongoing emergency response needs and increase the City's capability to
effectively respond to and coordinate WMD events.
■ Attachments: Ordinance
Grant Award Notice
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Management Services
City Manager: V ,�58
OAL
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,361,634 FROM THE U.S. DEPARTMENT OF
3 JUSTICE TO THE FY 2005-06 OPERATING BUDGET
4 TO PROVIDE EQUIPMENT AND TRAINING FOR CITY
5 RESPONDERS
6 WHEREAS, the City has been awarded pass -through funding
7 from the U.S. Department of Justice to support the response to
8 and coordination of Weapons of Mass Destruction events.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11 1. That $1,361,634 is hereby accepted from the U.S.
12 Department of Justice and appropriated as follows:
13 (a) $133,400 to the Emergency Medical Services
14 Department's FY 2005-06 Operating Budget for the
15 purchase of ventilators, a mass casualty response
16 vehicle, and to coordinate city-wide training;
17 (b) $346,000 to the Communications and Information
18 Technology Department's FY 2005-06 Operating Budget
19 for specialized equipment for the City's Emergency
20 Operations Center;
21
(c) $467,234 to
the Fire
Department's FY
2005-06
22
Operating Budget
to upgrade
alert systems at
fire-
23
rescue stations
and purchase
radiation
pager
24
detectors and a flaring
kit;
25
(d) $230,000 to
the Police
Department's FY
2005-06
26
Operating Budget
to purchase
a SWAT Response
vehicle
27
and night vision
scopes;
1
2
3
4
5
6
7
8
9
10
11
(e) $125,000 to the Department of Management
Services' FY 2005-06 Operating Budget to purchase
card access systems for municipal building security;
and
(f) $60,000 to the Health Department's FY 2005-06
Operating Budget to provide a backup refrigeration
unit for medications.
2. That revenue from the federal government is increased
by $1,361,634 in the FY 2005-06 Operating Budget.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2005.
Approved as to Content
Manag meni Services
Approved as to Legal Sufficiency
P, lyaed,
`J
City Attorney's Office
CA9723
H:\PA\GG\OrdRes\WMD Equipment Funds ORD
R-1
July 29, 2005
FY 2004 State Homeland Security Grant Program
Local Allocations
Greene
$
63,092.95
Richmond County
$ 47,791.32
Accomack
$
140,847.58
Greensville
$
56,470.38
Roanoke City
$ 314,432.58
Albemarle
$
280,754.26
Halifax
$
132,850.45
Roanoke County
$ 285,619.08
Alexandria
$
424,717.15
Hampton
$
481,990.80
Rockbridge
$ 80,646.69
Alleghany
$
69,311.22
Hanover
$
292,329.03
Rockingham
$ 228,664.08
Amelia
$
55,965.60
Harrisonburg
$
142,671.58
Russell
$ 110,618.03
Amherst
$
115,621.66
Henrico
$
847,524.37
Salem
$ 93,073.75
Appomattox
$
58,237.60
Henry
$
197,762.05
Scott
$ 88,833.60
Arlington
$
617,701.01
Highland
$
23,000.77
Shenandoah
$ 125,657.33
Augusta
$
222,007.29
Hopewell
$
90,524.13
Smyth
$ 119,366.50
Bath
$
30,925.82
Isle of Wight
$
113,788.20
Southampton
$ 75,153.57
Bedford City
$
34,872.57
James City
$
171,755.92
Spotsylvania
$ 300,185.15
Bedford County
$
205,463.11
King and Queen
$
40,916.84
Stafford
$ 311,655.80
Bland
$
36,677.16
King George
$
68,011.41
Staunton
$ 90,253.29
Botetourt
$
111,211.14
King William
$
61,474.02
Suffolk
$ 220,893.13
Bristol
$
69,790.76
Lancaster
$
56,492.47
Surry
$ 41,544.66
Brunswick
$
78,109.69
Lee
$
98,885.04
Sussex
$ 59,448.59
Buckingham
$
64,288.65
Lexington
$
36,664.54
Tazewell
$ 155,701.23
Buena Vista
$
35,030.32
Loudoun
$
555,064.07
Virginia Beach
$ 1,361,633.74
Campbell
$
176,144.83
Louisa
$
95,850.05
Warren
$ 114,643.65
Caroline
$
84,789.05
Lunenburg
$
56,474.02
Washington
$ 176,223.70
Carroll
$
107,264.39
Lynchburg
$
220,915.70
Waynesboro
$ 76,583.21
Charles City
$
41,850.68
Madison
$
54,499.07
Westmoreland
$ 72,743.24
Charlotte
$
54,347.63
Manassas
$
130,846.62
Williamsburg
$ 57,852.22
Charlottesville
$
141,349.69
Manassas Park
$
52,463.69
Winchester
$ 89,407.79
Chesapeake
$
648,401.12
Martinsville
$
63,635.59
Wise
$ 141,583.15
Chesterfield
$
839,962.12
Mathews
$
49,046.96
Wythe
$ 102,071.46
Clarke
$
54,915.51
Mecklenburg
$
117,154.93
York
$ 197,610.14
$
73,307.96
Middlesex
$
51,334.24
Covington
$
34,885.19
Montgomery
$
278,839.25
Craig
$
31,061.48
Nelson
$
60,572.21
Culpeper
$
123,092.41
New Kent
$
62,470.96
Cumberland
$
43,447.53
Newport News
$
588,351.18
Danville
$
167,730.77
Norfolk
$
759,512.75
Dickenson
$
66,724.22
Northampton
$
61,306.81
Dinwiddie
$
97,398.61
Northumberland
$
58,675.64
Emporia
$
37,872.38
Norton
$
27,316.64
Essex
$
51,514.07
Nottoway
$
69,610.45
Fairfax City
$
87,823.56
Orange
$
96,651.38
Fairfax County
$
3,079,439.29
Page
$
88,120.60
Falls Church
$
52,738.16
Patrick
$
76,226.71
Fauquier
$
188,956.79
Petersburg
$
126,445.57
Floyd
$
58,770.77
Pittsylvania
$
209,797.91
Fluvanna
$
78,245.83
Poquoson
$
56,489.31
Franklin City
$
46,330.61
Portsmouth
$
337,270.25
Franklin County
$
164,181.54
Powhatan
$
90,596.69
Frederick
$
201,797.14
Prince Edward
$
77,214.18
Fredericksburg
$
75,822.88
Prince George
$
124,259.24
Galax
$
36,569.90
Prince William
$
905,930.61
Giles
$
67,550.79
Pulaski
$
125,821.38
Gloucester
$
129,726.64
Radford
$
65,033.20
Goochland
$
73,200.70
Rappahannock
$
37,030.51
Grayson
$
71,525.94
Richmond City
$
644,003.22
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $53,400 from the Virginia
Department of Criminal Justice Services and the United States Department
of Justice to the Police Department's FY 2005-06 Operating Budget and to
Transfer the $17,800 Match from the Reserve for Contingencies to Provide
Initial and Ongoing Crime Analysis Training to Department Personnel and
to Purchase Crime Analysis Software and Equipment
MEETING DATE: August 9, 2005
■ Background:
The Virginia Department of Criminal Justice Services has awarded the Police
Department a Byrne Crime Analysis Grant in the amount of $53,400 from the United
States Department of Justice. The purpose of the grant is to upgrade the department's
current crime mapping application, purchase four computers, projectors and screens,
and provide advanced crime analysis training to department personnel. The department
relies heavily on crime mapping to address crime problems and trends. The computers,
projectors, and screens will allow each precinct to provide crime mapping and other
information to officers during muster and other meetings.
■ Considerations:
The federal portion of this grant is $53,400. A local cash match of $17,800 is required
and will be transferred from Reserve for Contingencies to the Police Department's
FY2005-06 Operating Budget
■ Public Information:
Public Information will be handled through the normal Council Agenda public information
process.
■ Alternatives:
Funds for additional computers and related equipment have been requested but not
funded in prior budget years. The Police Department had planned to request an
upgrade of the crime analysis application during the upcoming budget process. The
upgrade just recently became available. This grant provides an opportunity to address
these needs.
■ Recommendations:
It is recommended that the
approved and appropriated.
■ Attachments:
Grant Award Letter
Ordinance
Recommended Action: Approval
Submitting Department/Agency:
City Manager.�.. Y
Byrne Crime Analysis Grant and local cash match be
Police Department
1 AN ORDINANCE TO ACCEPT AND APPROPRITATE
2 $53,400 FROM THE VIRGINIA DEPARTMENT OF
3 CRIMINAL JUSTICE SERVICES AND THE UNITED
4 STATES DEPARTMENT OF JUSTICE TO THE POLICE
5 DEPARTMENT'S FY 2005-06 OPERATING BUDGET AND
6 TO TRANSFER THE $17,800 MATCH FROM THE RESERVE
7 FOR CONTINGENCIES TO PROVIDE INITIAL AND
8 ONGOING CRIME ANALYSIS TRAINING TO DEPARTMENT
9 PERSONNEL AND TO PURCHASE CRIME ANALYSIS
10 SOFTWARE AND EQUIPMENT
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13 That $53,400 is hereby accepted from the Virginia Department
14 of Criminal Justice Services and the United States Department of
15 Justice and hereby appropriated to the Police Department's FY 2005-
16 06 Operating Budget to provide initial and ongoing crime analysis
17 training to department personnel and to purchase crime analysis
18 software and equipment, with federal revenue increased accordingly.
19 A cash match of $17,800 is hereby transferred from Reserve for
20 Contingencies to the Police Department's FY 2005-06 Operating
21 Budget.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the day of , 2005.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
Ally
an gem nt Services City Attorney's Office
CA9720
H:\PA\GG\OrdRes\Crime Analysis Grant Ord.doc
R-3
July 29, 2005
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services 805 East Broad Street, Tenth Floor
-onard G. Cooke Richmond, Virginia 23219
irector June 21, 2005 (804) 786-4000
_FAX (804) 371-8981
Mr. James K. Spore TDD (804) 386-8732
City Manager
City of Virginia Beach
2401 Courthouse Drive
Virginia Beach, VA 23456
Title: Byrne - Crime Analysis
Dear Mr. Spore:
ferenced
ant
m has
I am pleased to advise you that grant
number n FederalFundsland $17�800einbCasheMat h for total � and of
been approved in the amount of $53,400
$71,200.
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions.
To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to
Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the
conditions carefully; as some require action on your part before we will disburse grant funds.
Also, enclosed are the Post Award Instructions and Rdporting Requirements. Please refer to and read this
information carefully as it contains details on processing financial and progress reports, as well as requesting
awarded funds. Effective July 1, 2004, financial reports, budget amendment requests, and request for funds
Inf
rmation System (GMIS).
must be submitted through MBER 30 2005, PROGRESS REPORTSoALSO,
BEGINNING SEPTEMB , MUST BE SUBMITTED THROUGH GMIS.
THE DCJS OFFICES WILL BE MOVING TO 202 NORTH NINTH STREET le FLOOR IN JULY
2005. PHONE NUMBERS AND ARRESPONDEN ESE WILL RAFT R N N THE S15ME.PLEASE USE THIS NEW
0 FICIAL NOT CE WILL
ADDRESS WHEN MAILING C•
BE POSTED ON OUR WEBSITE IN THE NEAR FUTURE.
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success. If you have any questions, please call Kathi Lee at (804) 786-4303.
Yours very truly, �
Leonard G. Cooke
Enclosures
cc: Mr. Greg Anger, Police Accountant
Ms. Patricia A. Phillips, Finance Director
Kathi Lee, DCJS
Criminal Justice Service Board • Committee on Trairing • Juverrle Justice and Delinquency Prevention Advisory Committee
Advisory Committee to Court Appointed Special Advocate and Childreds Justice Act Programs
Private Security Services Advisory Board • Crimirel Justice Inbru tm Systems Committee
`aG o��IA Of 1CH.1
ids �S}
U
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment to allow an existing 4-foot high ornamental aluminum
fence, which replaced a deteriorated wood fence of similar size at 2401 Whaler
Court, property of Mary K. Sizemore and Michael L. Sizemore.
MEETING DATE: August 9, 2005
■ Background: Mr. and Mrs. Sizemore have requested permission to
encroach into a portion of the City's right of way known as Ocean Shore
Avenue, formerly known as Ocean Avenue. The purpose of this
encroachment, approximately 2 feet into the right of way, for a distance of
approximately 30 feet, is to allow an existing 4-foot fence, which was
installed to replace a deteriorated wood fence that was constructed
approximately 15 years ago.
■ Considerations: Staff has reviewed the requested encroachment and
recommended approval of same.
■ Public Information: Advertisement of City Council Agenda.
■ Alternatives: Approve the encroachment as requested, deny the
encroachment, or add conditions as desired by Council
■ Recommendations: Staff recommends approval of this encroachment
subject to the applicant complying with conditions set forth in the
agreement. Authorize City Manager to sign agreement.
■ Attachments: Ordinance, Location Map, Agreement, Plat and Pictures
Recommended Action: Approve
Submitting Department/Agency: Public Works'
City Manager: k
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF THE RIGHT-OF-WAY
KNOWN AS OCEAN SHORE AVENUE,
FORMERLY KNOWN AS OCEAN
AVENUE, LOCATED AT 2401
WHALER COURT BY MARY K.
SIZEMORE AND MICHAEL L.
SIZEMORE, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Mary K. Sizemore and Michael L. Sizemore desire to maintain a 4-
foot fence, encroaching approximately two feet for a distance of approximately thirty feet
into the City's right-of-way located at 2401 Whaler Court.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's right-of-way subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, Mary K. Sizemore and
Michael L. Sizemore, their heirs, assigns and successors in title are authorized to
construct and maintain a temporary encroachment for a fence in the City's right-of-way
as shown on the map entitled: "PHYSICAL SURVEY OF LOT 1, BLOCK C
CHESAPEAKE BAY SHORES, SECTION III, RESUBDIVISION OF LOTS 'R', 'S', 'T'
AND A PORTION OF 'O' AMENDED MAP — PROPERTY OF LYNNHAVEN BEACH
AND PARK CO. 2401 WHALER COURT, VIRGINIA BEACH, VA FOR SOLLIE W.
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KELLIHAN & PATRICIA L. KELLIHAN" a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
subject to those terms, conditions and criteria contained in the Agreement between the
City of Virginia Beach and Mary K. Sizemore and Michael L. Sizemore (the
"Agreement"), which is attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
is hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Mary K. Sizemore and Michael L. Sizemore and the City Manager or his
authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2005.
APPROVED AS TO CONTENTS
SIGNATURE
PW Raj �e a
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND u,�FORM
U, T q. Uh
+'
CITY ATTORNEY
CA- 9351
F;IDataJATY JOrdinINONCODEIPW ORDINICA9351 Sizemore.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this 19th day. of October , 2004, by and
between
the
CITY OF
VIRGINIA BEACH,
VIRGINIA,
a municipal corporation,
Grantor,
"City",
and
MARY K.
SIZEMORE AND
MICHAEL
L. SIZEMORE, THEIR
HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1, Block C, Section 3, Chesapeake Bay Shores" as shown
on plat entitled, "PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III
RESUBDIVISION OF LOTS R, S, T AND A PORTION OF Q AMENDED MAP —
PROPERTY OF LYNNHAVEN BEACH AND PARK CO LYNNHAVEN BOROUGH
VIRGINIA BEACH VIRGINIA SCALE:1" 40 OCTOBER 21 1977" on a plat recorded in Map
Book 124 at Page 51, in the Clerk's Office of the Circuit Court in the City of Virginia Beach,
Virginia, and being further designated and described as 2401 Whaler Court, Virginia Beach,
Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 4-foot
fence encroaching approximately two feet into the City's right-of-way, for a distance of
approximately thirty feet, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City right of way, formerly known
as Ocean Avenue and now known as Ocean Shore Avenue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1590-20-1848-0000
1
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dolla- ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City dotla grant to the
Grantee permission to use The Encroachment Area for the purpose of cons,':=mhcting and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encro�-.cy->.:: znt will be
constructed and maintained in accordance with the laws of the Commonwealth K 1' `.` rtrginia and
the City of Virginia Beach, and in accordance with the City's specifications and ? .pi aval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PHYSICAL SURVEY 01
LOT 1, BLOCK C CHESAPEAKE BAY SHORES, SECTION II
RESUBDIVISION OF LOTS `R', `S', `T' AND A PORTION O`
`Q' AMENDED MAP - PROPERTY OF LYNNHAVEN BEAD::,'
AND PARK CO. 2401 WHALER COURT, VIRGINIA BEACI'.,
VA. FOR SOLLIE W. KELLIHAN & PATRICIA L.
KELLIHAN" a copy of which is attached hereto as Exhibit "A`
and to which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary r ricroachment
herein authorized terminates upon notice by the City to the Grantee, and that wi�,71 i thirty (30)
days after the notice is given, the Temporary Encroachment must be remo%.,,-,1 from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expo=.:es of such
removal.
It is further expressly understood and agreed that the Grantee shall irh l:,mnify and
hold harmless the City, its agents and employees, from and against all claims, d::aa:<xges, losses
and expenses including reasonable attorney's fees in case it shall be necessary to di1c,: or defend an
action arising out of the location or existence of the Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
1 11 keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
9
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Mary K. Sizemore and Michael L. Sizemore, the said
Grantee has caused this Agreement to be executed by his/her/their signature. Further, that the
City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by its City Clerk.
(SEAL)
ATTEST:
City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
El
Mary K. izemore
J`
�.
Michael CS emore
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2004, by
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
BEACH.
CITY MANAGER/AUTHORIZED
Notary Public
The foregoing instrument was acknowledged before me this day of
2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
My Commission Expires:
Notary Public
5
In the (Branch of Service) of the United States.
I, 5 V o,� n J7 e n r� i s , a commissioned officer of theUS V� (Branch of
Service) of the United States with the rank of Ens r, of B,\N,.r,orr- ,
Marvlar,c� (home address of commissioned officer), do certify that
Maces ic.5►Zc.more , whose name is signed to the writing above, bearing date on the 3ct-'-
da fy oo pctob e,,(- , 2004, and who, or whose consort, is a C. of the United
States and whose address is 44U%wr,,1«c V,ro,,,,,a?�eac __, \/_,rC01.,,;C , has
acknowledged the same before me.
Given under my hand this IC1*1_ day of Qc, obc:( , 2004.
Notary Public
In the i�� (Branch of Service) of the United States.
I, SY'40r, c. n ► 5 , a commissioned officer of the Us (Branch of
Service) of the Unitedtates with the rank of enso,of
M" \01CIA (home address of commissioned officer), do certify that
tAx'f ,ad, 3\me r„o c it , whose name is signed to the writing above, bearing date on the I q*,
day of uc+n be r , 2004, and who, or whose consort, is a C..►};Zcr, of the United
States and whose address is a4o I whaler CGS , V ► ak%v') %c. -beacar, • ►r n', I has
acknowledged the same before me.
Given under my hand this lc�'^ day of dcA-ober , 2004.
APPROVED AS TO CONTENTS
SI `'NATURE
�- I J � A
DEPARTMENT
Notary Public
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Shipps Corner Soccer Complex — Modification of Conditions
MEETING DATE: August 9, 2005
■ Background:
An Ordinance upon Application of Shipps Corner Soccer Complex for the
Modification of Conditions for a Conditional Use Permit approved by City Council
on March 24, 2004. Property is located on the south side of Shipps Corner
Road, approximately 670 feet east of Holland Road (GPIN 14953733290000).
DISTRICT 6 — BEACH
■ Considerations:
The Conditional Use Permit for a recreational facility of an outdoor nature was
approved by the City Council on March 23, 2004 with five (5) conditions.
Condition 5 indicates that any outdoor lighting fixtures shall be no higher than 14
feet. A modification is being requested because the light fixtures used to light
recreational fields need to be taller in order to shine on a broader area of play as
well as the parking lots. Forty foot tall lights are being proposed. Additionally, the
structure for the restroom facility shall house a space for a first aid area as
required for liability insurance through the U.S. Soccer Federation.
The Planning Commission placed this item on the consent agenda because
these are minor changes to the plan and will not impact surrounding properties.
The modifications to lighting are typical of lighting found on recreational fields
and in parking areas. The space proposed for a first aid area appears to be a
requirement for insurance with the U.S. Soccer Federation and is not to be used
as office space.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request with the following conditions:
1. All conditions with the exception of Number 5 attached to the Conditional Use
Permit granted by the City Council on March 23, 2004 remain in affect.
2. Condition Number 5 of the March 23, 2004 Conditional Use Permit is deleted
and replaced with the following:
Shipps Corner Soccer Complex
Page 2 of 2
Any outdoor recreational lighting fixtures shall be no higher
than 40 feet and shall be directed downward and shielded to
direct light and glare onto premises and away from adjoining
properties. Outdoor parking lot lighting fixtures shall be no
higher than 25 feet and shall be directed downward and
shielded to direct light and glare onto premises and away from
adjoining properties.
3. Restrooms / first aid building shall be developed in substantial conformance
with the submitted plan entitled "New Building Shipps Corner Road Virginia
Beach, Virginia" prepared by Kelly Jean Olt dated March 10, 2005.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ow
1
1L- , City Manager:' a �ti"t�
SHIPPS CORNER
SOCCER
COMPLEX
Agenda Item # 4
July 13, 2005 Public Hearing
Staff Planner: Karen Prochilo
.Yfay f.- 0 Shipps Corner Soccer Complex
Map Not 0B-2 \ `\ $ + �\ 12
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Modification of the Conditional Use Permit
approved by the City Council on March 23, 2004 for a recreational facility of an outdoor nature (soccer
fields).
ADDRESS / DESCRIPTION: Property located on the south side of Shipps Corner Road approximately 670
feet east of Holland Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
114953733290000 6 - BEACH 21.733 Acres
SUMMARY OF REQUEST
The Conditional Use Permit for a recreational facility of an outdoor nature was approved by the City
Council on March 23, 2004. The Conditional Use Permit has five (5) conditions:
1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the
Planning Director or his designee determines that this is required.
2. The fields shall be used only for practices and not for any other event that would draw spectators.
No bleachers or spectator seating is permitted on the property.
3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps
Corner Road Bridge Replacement Plan CIP 2-174 and as called for in the Master Transportation
Plan.
4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic
Engineering determines that they are required during the detailed plan review process.
5. Any outdoor lighting fixtures shall be no higher than 14 feet and shall be directed downward and
shielded to direct light and glare onto premises and away from adjoining properties.
Condition 5 indicates that any outdoor lighting fixtures shall be no higher than 14 feet. A modification is
requested because the light fixtures used to light recreational fields are taller in order to shine on a
broader area of play as well as the parking lights.
Additionally, the structure for the restroom facility shall house a space for a first aid area as required for
liability insurance through the U.S. Soccer Federation.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Formerly an undeveloped site currently under construction for this soccer facility.
SURROUNDING LAND North: Across Shipps Corner Road. Cardinal Estates mobile home
USE AND ZONING: subdivision / A-12 Apartment District
South: 0 Vacant land/ 1-1 Light Industrial District
East: . Wetlands and a natural drainage area / AG-2 Agricultural
District
West: . Vacant Property/ 1-1 Light Industrial District
NATURAL RESOURCE AND The eastern third of the property is wooded and contains wetlands
CULTURAL FEATURES: leading to a natural drainage area that eventually leads to the
Chesapeake Bay.
AICUZ: The western end of this property is in an AICUZ of 70 to 75 dB Ldn
surrounding Oceana, but the majority of the property is in the greater
than 75 dB Ldn noise zone. Most of the property is also located within
Accident Potential Zones 1 and 2.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shipps
Corner Road in the vicinity of this application is a two-lane undivided collector. The MTP designates
future improvements of this road as an undivided road with a bikeway within a 70-foot right-of-way. The
Shipps Corner Bridge Replacement Project CIP 2-007 is listed in the current adopted CIP to replace the
bridge located approximately 1,000 feet west of London Bridge Road with another two-lane structure.
Although not in the current adopted CIP, the Shipps Corner Road project CIP 2-865 to widen this road
to four lanes has been requested but not funded.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Shipps Corner
7,617 ADT
6,200 —9,900 ADT (Level
Existing Land Use 2 -0
Road
of Service "C")
ADT
Proposed Land Use 3-
180 ADT
SHIPPS CORNER SOC
Average Daily Trips
s as defined by agricultural trips
s as estimated on six fields with 15 team members on each field, two practice times per day
WATER: There is a 12 inch City water main in Shipps Corner Road. If water is needed, this site must connect
to City water.
SEWER: There is no City gravity sanitary sewer in this vicinity of the site and the site is not within an existing
pump station area. Health Department approval is required for septic systems. Private grinder pumps and
force mains may be an option.
SCHOOLS: No comments — not applicable.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within Strategic Growth Area (SGA) #10. The
western portion of Area SGA #10 where the subject property is located is planned for non-residential uses
to include a mix of light industrial, low rise office and limited retail. Limited vehicular access points and
parcel consolidation are encouraged to achieve a more unified well -planned development. As always,
attractive, high -quality design is encouraged particularly as the development is seen from Dam Neck,
Shipps Corner and Holland Roads.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request for modifications to their Conditional Use Permit subject to the conditions outlined below. The
modifications to lighting are typical of lighting found on recreational fields and in parking areas. The space
proposed for a first aid area appears to be a requirement for insurance with the U.S. Soccer Federation
and is not to be used as office space.
CONDITIONS
1. All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by the
City Council on March 23, 2004 remain in affect.
2. Condition Number 5 of the March 23, 2004 Conditional Use Permit is deleted and replaced with the
following:
Any outdoor recreational lighting fixtures shall be no higher than 40 feet and shall be
directed downward and shielded to direct light and glare onto premises and away
from adjoining properties. Outdoor parking lot lighting fixtures shall be no higher than
25 feet and shall be directed downward and shielded to direct light and glare onto
premises and away from adjoining properties.
3. Restrooms / first aid building shall be developed insubstantial conformance with the submitted plan
entitled "New Building Shipps Corner Road Virginia Beach, Virginia" prepared by Kelly Jean Olt dated
March 10, 2005.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
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Page 6
1A
Al
1
08/10/04
Conditional rezoning from R-51D to Conditional
1-1 and 1-2 w/ P-1.
Granted
2
03/24/04
Conditional Use Permit for recreational facility
of an outdoor nature.
Granted
12/14/93
Conditional Use Permit for church
Denied
02/25/92
Conditional Use Permit for golf driving range
Granted
10/28/91
Rezoning (1-1 Industrial to AG-1 Agricultural)
Granted
04/23/90
Rezoning (AG-2 Agricultural to conditional 1-1
Industrial)
Granted
3
06/25/02
Conditional Use Permit for fraternal
organization.
Granted
08/14/01
Rezoning (AG-1 Agricultural to A-12 Apartment
w/ PD-H2 Planned Development Overlay I
Denied
SHIPPS CORNER SOC
10/28/91
Rezoning B-2 Business to AG-1 Agricultural)
Granted
09/21/87
Rezoning AG-1 Agricultural to B-2 Business
Granted
4
12/02/03
Rezoning (AG-1 Agricultural to conditional 1 -1
Industrial)
Granted
5
12/02/03
Rezoning (AG-1 Agricultural to conditional B -1
Business)
Conditional Use Permit (car wash)
Granted
6
02/01/00
Modification of Proffers approved w/ 01/23/89
zoning change
Granted
01/23/89
Change of zoning (AG-2 Agricultural to
conditional 1-2 Heavy Industrial)
Granted
7
02/01/88
Conditional Use Permit service station
Granted
8
08/13/79
Conditional Use Permit(garden shop / nurse
Granted
9
03/20/78
Conditional Use Permit board horses
Granted
10
10/14/03
Modification of Conditions to 10/29/02 CUP
Granted
10/29/02
Conditional Use Permit CUP church
Granted
11
11/20/78
Rezoning A-1 Apartments to A-2 apartments)
Granted
ZONING HISTORY
SHIPPS CORNER SOCCER COMPLEX
AgendaItem # 4
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the applicant name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach fist if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm,: business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm. business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See next ;rage for footnotes
M.1,6. , Wion of 0-od ions Applku tem
r'aycR 1q of N
Nawisact �n.2rnkt
DISCL OSURE STATEMENT W
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101,
z "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act. Va.
Code § 2.2-3101,
CERTIFICATION: t 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
sign on the st ct property at ]past 30 days prior to the scheduled public hearing
accc ring to he ', struction to this package.
,
Applicant's Sugnatume Pr4 Na2e_,
Properly Owrer's Signature (if different than applicant) Print Name
Mo�iir:,:atian o'. L;;mcsirnr3s. A�:?Eui,^,a;ics?=
DISCLOSURE ST
SHIPPS CORNER SOC
TEMENT
i COMPLEX
endaItem # 4
Page 11
Item #4
Shipps Corner Soccer Complex
Modification of Conditions
South side of Shipps Corner Road
District 6
Beach
July 13, 2005
CONSENT
William Din: The next item for the consent agenda is Item #4. This is Shipps Corner
Soccer Complex. This is a request to Modify Conditions for a Conditional Use Permit
that was previously approved by City Council on March 24, 2004. This property is
located on the south side of Shipps Corner Road, approximately 670 feet east of Holland
Road in the Beach District. Welcome sir.
Charlie Pittman: Morning. My name is Charlie Pittman. Thank you for hearing our
cause on behalf of the owner of the Shipps Corner property.
William Din: There are three conditions associated with this item. Is there are opposition
to placing this on consent? If not, I believe Ms. Anderson is going to explain this item.
Janice Anderson: Thank you. This is a Modification for a Conditional Use Permit that
was approved by City Council back on March 2004. These are outdoor soccer fields.
The changes to the Conditional Use Permit are minor. They are regarding the height of
the light fixtures that shine on and light the fields. They were limited in the original use
permit to 14 feet, and that is not adequate light for the fields or the parking area, so they
are being increased. And also, the original site plan only shows rest room facility, and the
Soccer Federation requires a first aid area so they will be on the site also. So this is a
modification to add that facility to the original site plan. So we v.'ould recommend these
changes to that approval to Council.
William Din: Thank you Jan. I would like to make a motion to approve the following
consent agenda item. Item #4 Shipps Corner Soccer Complex for a Modification of a
Conditional Use Permit previously approved by City Council. This is on property located
on the south side of Shipps Corner Road, 670 feet of Holland Road in the Beach District.
Dorothy Wood: Thank you. Do I hear a second? Mr. Knight. We have a motion by Mr.
Din and a second by Mr. Knight. Mr. Miller?
Robert Miller: I need to abstain from Item #4. My firm is working on the project.
Dorothy Wood: Thank you sir.
Item #4
Shipps Corner Soccer Complex
Page 2
AYE 10
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
NAY 0 ABS 1
ABS
ABSENT 0
Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved
Item #4 for consent.
P�geAc
f�All9
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: St. Michael Lutheran Church — Modification of Conditions
MEETING DATE: August 9, 2005
■ Background:
An Ordinance upon Application of St. Michael Lutheran Church fora Modification
of Conditions for a Conditional Use Permit approved by City Council on October
12, 2004. Property is located at 2208 Princess Anne Road (GPIN
24049528810000). DISTRICT 7 —PRINCESS ANNE
■ Considerations:
A Modification to a Conditional Use Permit for a church expansion was approved
by the City Council on October 12, 2004 with seven (7) conditions.
The applicants are asking to modify Condition 6, which limits the number of
children in daycare to 70. The Department of Social Services has allowed
services to be provided to 150 children in the range from two and one half
through twelve years at this facility. St. Michael Lutheran Church would like to
modify their Conditional Use Permit to allow for 150 children.
The Planning Commission placed this item on the consent agenda because they
felt that an increase in the number of children to 150 was a reasonable request.
The proposal is compatible with the adjacent residential neighborhood as well as
the business areas.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
All conditions with the exception of Number 6 attached to the Modification of
Conditional Use Permit granted by the City Council on October 12, 2004
remain in affect.
2. Condition Number 6 of the October 12, 2004 Modification of Conditional Use
Permit is deleted and replaced with the following:
St. Michael Lutheran Church
Page 2of2
A maximum of 150 children in the range from two and one half through
twelve years may be cared for at this site.
3. Improvements for right turn lane are required within two years of this
Conditional Use Permit.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: V��
ST. MICHAEL
LUTHERAN
CHURCH
Agenda Item # 5
July 13, 2005 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of the Conditional Use Permit
a� fi u t St. Michael Lutheran Church
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Vodi,Caticr. to o.� iuonal iN" Yeroiit
approved by the City Council on October 12, 2004 for a church expansion.
ADDRESS / DESCRIPTION: Property is located at 2208 Princess Anne Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24049528810000 7 — PRINCESS ANNE 123,658 square feet or 2.819 acres
SUMMARY OF REQUEST
A Modification to a Conditional Use Permit for a church expansion was approved by the City Council on
October 12, 2004. The modified Conditional Use Permit has the following seven (7) conditions:
1. All conditions attached to the Conditional Use Permit granted by the City Council on April 25,
1988 remain in affect.
2. The site shall be developed in substantial conformance with the submitted plan entitled
"Preliminary Site Layout for St. Michael Lutheran Church Building Addition Virginia Beach
Virginia" prepared by NDI, L.L.C. Basgier and Associates Division, dated June 14, 2004.
3. There shall be no encroachment into the scenic buffer along Princess Anne Road, previously
dedicated to the City of Virginia Beach.
4. The architectural design elements and exterior building materials shall be developed in
substantial conformance with the submitted plan entitled "Alterations and Additions to St. Michael
Lutheran Church Building 2208 Princess Anne Road Virginia Beach, Virginia" prepared by
Daugherty & Associates, dated February 10, 2004.
5. The landscaping shall be developed in substantial conformance with the submitted plan entitled
"Landscape Plan of St. Michael Lutheran Church Building Addition Virginia Beach, Virginia"
prepared by NDI, L.L.C. Basgier and Associates Division, dated February 20, 2004.
6. A maximum of seventy (70) children may be cared for at this site.
ST. MICHAEL LUTH
7. The hours of operation shall be limited to Monday through Friday 6:30 A.M. until 6:00 P.M.
The applicants are asking to modify Condition 6, which limits the number of children in daycare to 70.
The Department of Social Services has allowed services to be provided to 150 children in the range from
two and one half through twelve years at this facility. St. Michael Lutheran Church would like to modify
their Conditional Use Permit to allow for 150 children.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church and preschool
SURROUNDING LAND North: . Single - family / R-10 Residential District
USE AND ZONING: South: . Across Princess Anne Road is a 7-11 and office / B-1A and B-2
Community Business District
East: . Medical office building / O -1 Office District
West: 0 Single - family / R-10 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES: This site does not have any significant historical or cultural features.
AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Princess Anne Road in the vicinity of this application is a four -lane divided minor suburban arterial,
which transitions to a two-lane undivided facility just south of this site.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Princess
24,055 ADT
28,200 ADT (Level of
Existing Land Use — 82
Anne Road
Service "C")
ADT (average weekday)
Existing Land Use 2— 93
ADT (Sunday)
Proposed Land Use 3—
164 (average weekday)
Proposed Land Use 3-
187 Sunda
average Uauy i rips
Zas defined by existing uses
3as defined by additional facilities
All traffic entering this site must make a right turn movement into the entrance. The proposed increase in
students will result in approximately 63 vehicles in the A.M. peak hour making right turns into this site. This
volume exceeds the minimum number of 35 vehicles required to justify a right turn land (Chapter 3, Section
ST. MICHAEL LUTH
3.11.2 of the Department if Public Works Specifications and Standards manual). As a result of this high
volume of right turning vehicles, Public Works strongly recommends as a condition of approval that the
applicant be required to construct a right turn lane on Princess Anne Road at this entrance.
WATER: This site has an existing 1-inch water meter that may continue to be used or may be upgraded.
SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #621 and the sanitary sewer
collection system is required to ensure future flows can be accommodated.
SCHOOLS: Not applicable — no comments
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this site as being within the Primary Residential Area. Religious and
educational services are considered supportive land uses to residential neighborhoods.
EVALUATION AND RECOMMENDATION
Staff's evaluation of this request reveals the proposal through the submitted materials is in conformance
with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the
adjacent residential neighborhood as well as the business areas.
Staff recommends approval of this request with the conditions provided below.
CONDITIONS
1. All conditions with the exception of Number 6 attached to the Modification of Conditional Use Permit
granted by the City Council on October 12, 2004 remain in affect.
2. Condition Number 6 of the October 12, 2004 Modification of Conditional Use Permit is deleted and
replaced with the following:
A maximum of 150 children in the range from two and one half through twelve years may be
cared for at this site.
3. Improvements for right turn lane are required within two years of this Conditional Use Permit.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
ST. MICHAEL LUTH
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3
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,'4lodification to a Conditional Use Permit
1
04/25/88
Conditional Use Permit for a church
08/13/96
Conditional Use Permit for a preschool
08/11/98
Modification of Conditions
10/12/04
Modification to a Conditional Use Permit
Granted
2
10/23/89
Conditional Rezoning from R-3 to 0-1
Granted
3
03/26/90
Conditional Rezoning from R-20 to B-1A
Granted
4
11/24/98
Modification to a Conditional Use Permit
Granted
5
05/25/99
Conditional Rezoning from AG-1/AG-2 & R-
20 to A-18
Granted
6
05/25/99
Conditional Rezoning from AG-1/AG-2 & R-
20 to 0-1
Granted
E= DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the applicant name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Ids`'
2. List all businesses that have a parent -subsidiary' or affiliated business entiv
relationship' with the applicant: (Attach list if necessary)
._., ,. ,. ._... _ _ _ ___ — ----- a.. a
Check here if the applicant is NUT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.:
If the property owner is a corporation, partnership, firm, business, or other,
unincorporated organization, complete the fallowing:
1. list the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business,or other unincorporated organization.
i z
� See next page for fontnates
Modification of Conditions Application
Page 10 of f t
Revised 9,112004
DISCLOSURE STATEMENT
ST. MICHAEL LUTH
DISCLOSURE STATEMENT
. ...........
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
............. .... ........
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation," See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-310 1.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-310 1.
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
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package,
ial
Applicant's Signature Print Name
Property Owner's Signature (if different than applicant) Print Name
Modification of Ccoclttiom Application
flag"a 01 11
Rev;s�_J 91,2004
S'T. MICHAEL LUTHERAN CHURCH
• "
• President - Roger C. Whittaker
• Vice President - Vacant
• Secretary -Ann Walls
• Treasurer - Karen Moyer
TRUSTEES
• Kenneth Allen
• Jon Tamayo
• Roger C. Whittaker
• John H. Himes
• Christopher Bowen
DISCLOSURE STATEMENT
ST. MICHAEL LUTHERAN CHURCH
AgendaItem # 5
Page 10
Item #5
St. Michael Lutheran Church
Modification of Conditions
2208 Princess Anne Road
District 7
Princess Anne
July 13, 2005
CONSENT
William Din: The next item that I have is Item #5. This is St. Michael Lutheran Church.
This is a request to Modify Conditions on the Conditional Use Permit previously
approved by City Council on October 12, 2004. This property is located at 2208 Princess
Anne Road in the Princess Anne District. There are three conditions associated with this
item. Welcome sir.
Roger Whitaker: I'm Roger Whitaker. I'm the representative for St. Michael Lutheran
Church. We have read the conditions and we understand them.
William Din: Thank you very much. Is there any opposition to placing this item on
consent agenda? If not, Mr. Barry Knight will explain this item.
Barry Knight: This is St. Michael Lutheran Church located on Princess Anne Road.
® They're asking for a modification to a Conditional Use Permit for a church expansion that
was approved October 2004. Basically what they're asking for is a modification of
Condition #6, which originally had 70 children in their daycare. They would like to up
that number to 150. We think that is a reasonable request, and in keeping with the land
use, we've agreed and therefore we put it on the consent agenda.
William Din: Thank you Barry. I would like to make a motion to approve the following
consent agenda item. Item #5 St. Michael Lutheran Church for a Modification of a
Conditional Use Permit previously approved by City Council on October 12, 2004. The
property is located at 2208 Princess Anne Road in the Princess Anne District with three
conditions.
Dorothy Wood: Thank you. Do I hear a second? Mr. Knight. We have a motion by Mr.
Din and a second by Mr. Knight.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
AYE 11 NAY 0
AYE
AYE
AYE
AYE
AYE
ABS 0 ABSENT 0
Item #5
St. Michael Lutheran Church
Page 2
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item #5 for consent.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Stephen H. Knight — Subdivision Variance
MEETING DATE: August 9, 2005
■ Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Stephen H. Knight. Property is located at
2808 North Landing Road (GPIN 14944085020000). DISTRICT 7 — PRINCESS
ANNE
■ Considerations:
The existing lot was created illegally by deed in 1970 and the applicant obtained
the site in December 2002. The lot contains 1.837 acres and has no direct
access to a public street. Access to the site is through an existing 20-foot ingress
/ egress easement to North Landing Road. It is the intent of the applicant to
obtain a subdivision variance to the required lot width and to the requirement for
direct access to a public street so the site may be legally recorded and
developed with a single-family dwelling.
Staff's evaluation of this request indicates no evidence of a hardship as specified
by Section 9.3 of the Subdivision Ordinance justifying the granting of a variance.
Any hardship that exists is a personal hardship brought on by the establishment
of a parcel contrary to law. Personal or financial hardship is not considered
sufficient grounds for the granting of a variance. Staff recommends that the site
be incorporated into the applicant's existing parcel to the north.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following condition:
Twenty -foot wide ingress/egress easements shall be provided to parcels
identified by GPIN numbers 14944085020000 and 14944059960000.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Stephen H. Knight
Page 2 of 2
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager -t & G
STEPHEN H. KNIGHT
Agenda Item # 16
July 13, 2005 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City
Zoning Ordinance.
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ADDRESS / DESCRIPTION: Property located at 2808 North Landing Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14944085020000 7 — PRINCESS ANNE 1.837 acres
SUMMARY OF REQUEST
Existing Lot: The existing lot was created by deed in 1970.
The lot is 1.837 acres and has no direct access to a public street. Access to the site is through an existing
20-foot ingress / egress easement.
Proposed Lots: It is the intent of the applicant to obtain a subdivision variance to the required lot width
and to the requirement for direct access to a public street so the site may be legally recorded and
developed with a single-family dwelling.
Item
Required
Lot A
Lot Width in feet
150
0"
Lot Area in square feet
43,560
80,019.72
-variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
STEP
SURROUNDING LAND North: . Fields / AG-1 Agricultural
USE AND ZONING: South: . Single-family dwelling / AG-2 Agricultural
East: 0 Single-family dwelling / AG-2 Agricultural
West: . Single-family dwelling / AG-2 Agricultural
NATURAL RESOURCE AND The site is a grass field. There are no natural resources or cultural
CULTURAL FEATURES: features associated with the site.
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): North
Landing Road in the vicinity of this site is a two-lane collector. There are no plans in the Capital
Improvement Plans to improve this portion of North Landing Road.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
North Landing
8,023 ADT
9,900 ADT (Level of
Existing Land Use — 0
Road
Service "D")
ADT
Proposed Land Use 3-
10
Average Daily Trips
s as defined by undeveloped parcel
3 as defined by single-family dwelling
WATER: Water does not front the property, but may be extended for connection purposes provided hydraulic
analysis supports potential demand. There is a 16-inch water main in North Landing Road approximately 550-
feet south of the site.
SEWER: City gravity sanitary sewer may not be available. Sanitary sewer and pump station analysis for Pump
Station 636 is required to determine of the flows can be accommodated. There is a 16-inch sanitary sewer
force main and an 8-inch sanitary sewer main in North Landing Road approximately 550-feet south of the site.
Health Department approval is required for septic systems. Private grinder pumps and a force main may be an
option.
FIRE: The ingress / egress easement must be improved with an all-weather surface capable of supporting a
75,000 pound vehicle and shall not be less than 18-feet in width. A fire hydrant shall be required within 500-
feet of the proposed dwelling.
STEP
The Comprehensive Plan designates this area as the COMPREHENSIVE PLAN
Transition Area / Princess Anne. The land use policies and principles for the Transition Area / Princess
Anne focus strongly on promoting this area as a well -planned, low density, fiscally sound and desirable
location for people to live, work and play.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Staff recommends denial of this
request.
This parcel was subdivided from a larger parcel by deed, without a subdivision plat being put to record, in
November 1970. The applicant obtained the site in December 2002. The applicant now wishes to obtain a
Subdivision Variance to the required lot width and the required direct access to a public street so he may
develop the site with a single-family dwelling.
Staff's evaluation of this request indicates no evidence of a hardship as specified by Section 9.3 of the
Subdivision Ordinance justifying the granting of a variance. Any hardship that exists is a personal
hardship brought on by the establishment of a parcel contrary to law. Personal or financial hardship is not
considered sufficient grounds for the granting of a variance. Staff recommends that the site be
incorporated into the applicant's existing parcel to the north.
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I #1 Conditional Zoning - Recorded Prohers Subdivision Variance
1.
8-24-04
Rezoning (AG-1 and AG-2 Agricultural with
Approved
a HCD Historic and Cultural Overlay to
Conditional R-10 with a PD-1-12 Planned
Unit District Overlay)
2.
3-4-03
Rezoning (AG-1 and AG-2 Agricultural to
Approved
R-30 Residential) and a Conditional Use
Permit Open Space Promotion)
ZONING HISTORY
STEPHEN H. KNIGHT
Agenda Item #16
Page 6
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DISCLOSURE STATEME
STEPHEN H. 'KN
Agenda --Ite
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Item # 16
Stephen H. Knight
Appeal to Decisions of Administrative Officers in
Regard to certain elements of the Subdivision Ordinance
2808 North Landing Road
District 7
Princess Anne
July 13, 2005
REGULAR
Joseph Strange: The next item is Item #16, Stephen H. Knight. An appeal to Decisions
of Administrative Officers in regard to certain elements of the Subdivision Ordinance,
Subdivision of Stephen H. Knight. The property is located at 2808 North Landing Road,
District 7, Princess Anne.
Eddie Bourdon: Madame Chair, for the record, my name is Eddie Bourdon, a Virginia
Beach attorney representing Mr. Knight, and I have been retained by Mr. Knight, and I
understand that this matter was heard by this body back in March 2005. This is an
application that I want to spend a little bit of time clarifying some information, and then
I'll talk to you about what Mr. Macali is passing out. If I could, divert your attention
away from that for just a minute to give you a little bit of history and background? The
property that we're speaking of is crosshatched here on the map, up here on the Power
-°- Point, it is owned by my clients Mr. & Mrs. Knight, who purchased it in 2002. I have a
copy of the contract, deed and the title insurance policy from that transaction, which
again, they bought the property in 2002, as it exists, and as it has been shown on city
maps for decades. This parcel, almost two acres of land, was created by a subdivision by
deed in the year 1970 by some folks whose last name was Styron. They conveyed the
property to some people whose last name was Taylor. They also subdivided this property
by deed around the same time frame on which there was a home that was built back in the
70s. There is no home here that shown on the composite map. This property does not
have a house on it. What you see here, this is part of a larger 15-16-acre piece of property
that Mr. & Mrs. Knight purchased in 1995. They bought this property where their house
is in 1995, and in the year 2002, these properties, separate parcels, separate GPINs, and
having existed now close to 35 years came on the market, and Mr. & Mrs. Knight bought
them. They subsequently sold this lot and the house that is on it to a third party. Both
this lot and the lot that is before us today have access that is legal, that was created when
the lots were done back in 1975 by deed, by the owner at that time, a 20-foot
egress/ingress easement upon which there is a driveway that serves both of these parcels.
This one does not have a home on it. Mr. & Mrs. Knight enjoy their privacy. They have
no desire to put a cul-de-sac in and develop lots in accordance to the Transition Area
guidelines. This area along North Landing Road has a very scenic, very unique part of
the southern part of Virginia Beach, and they don't want to put a road in there, and cut off
a bunch of lots. What they're trying to do, and they actually to get a building permit and
went through the process and it was discovered that this was an illegal subdivision, which
Item #16
Stephen H. Knight
Page 2
they were not aware of, having bought the property. They got title insurance on it and
everything else just as they did this piece of property with this house on it, and having
sold that piece of property, they assumed they could build a house on it. They were told it
was an illegal subdivision. You need to go in and get a variance. So, that is what brings
us here. Apparently the last meeting there was some discussion, which I wasn't privy to
any of it, for I wasn't here, about needing to correct both of these and possibly this parcel
out here, which I'm not really sure how that comes into play. I understand Ms. Christie
said this morning that these were all done by plat. What my client is certainly willing to
do is to add, even though he doesn't own this. He can certainly add a 20-foot flag stem to
this lot and give it to them. He is willing to dedicate a 20-foot area, which would become
part of the lot for this parcel as well, so that each one of them will be flag lots. You can
see the flag lot over here. There are other flag lots in the area. He is can add land to this
particular lot even though it isn't necessary. It is almost two acres in size. What he is
trying to do is maintain the character of the area, and not come in and do a modern cul-
de-sac with one unit per acre, and build a bunch of houses. He is doing the opposite of
that. So, what I have given you are, and I can go back further. Frankly, I didn't have
time. But I went through all of the agendas, which I kept for the last 20 years. I went
through last six years and have given you some examples. The first few are the most
relevant of almost exactly the same situation that occurred because there were a lot of
subdivisions by deeds that were done in the 50's, 60's, and early 70's. When those
situations have arisen, especially in the southern part of the City, but not just the southern
part of the City, I'm not aware of a circumstance where we haven't gone in and allowed
the people to correct the problem with the variance in order to plat a lot that has been
shown on the public record as a separate parcel, here for almost 35 years. I don't know of
one where we haven't done so, and with Mr. Knight's willingness to try to correct some
other problems. Now of these he had anything to do with creating at all, and trying to
maintain the character of this particular area, which I do think is quite unique within the
rural area. I am somewhat at a loss to explain the apparent strong opposition or opposition
that has occurred with regard to the staff. If Mr. Knight had sold this parcel to someone
else, because again, he bought it as it existed, and the previous owner had it as it existed,
and if there were some other person coming before you who didn't happen to also own
the property behind it, I don't know if, and I can't speak of what the recommendation
would have been, but I just quite don't have an appreciation for the negative
recommendation, unless one was suggesting that we would rather see the property
develop in a more suburban style with a cul-de-sac and additional lots. That is not what
Mr. & Mrs. Knight want to happen. They like their privacy. They like the large expansive
land. They're perfectly willing to make this parcel larger than it is already. They're not
looking to do a suburban type of development. They're just simply looking to have a
home built on a lot they believe since they bought it in 2002 was a buildable rural type of
large lot. And, with that, I'll be happy to answer any questions that any of you may have.
Dorothy Wood: Are there any questions for Mr. Bourdon? Mr. Strange.
Item # 16
Stephen H. Knight
Page 3
Joseph Strange: In lieu of what you just said about them not wanting to do anything else
back there, why don't they just combine it with the other piece of property then they
would have everything that they want.
Eddie Bourdon: Because they bought an existing lot that they believed and the title
insurance believes is a buildable lot just like anyone else. If you or I would have bought
that piece of property and wanted to build a house on it, that suggest implies that number
one, they had something to do with the creation of this parcel that had been their for 35
years, and number two, they because they happen to own the property adjacent to it
should be treated differently than someone who did not. That is what, to me is illogical
as anything. If any of the other people who work for the City as a police officer, fireman,
whatever had bought this lot or any other person for that matter, I just don't want to single
out people who work for the city because it right down here by the municipal center came
in, and said I bought this lot, it has been on the rolls for 30 something years. I want to
build a house on it. I am curious but I haven't seen it before if the staff would have
recommended against it. It is because Mr. Knight has the misfortune of having also
bought and having nothing to do with this piece of property, another parcel of land that
adjoins that has been suggested that they put it together with the other piece of property.
All that is doing is encouraging him to get the financial investment that he made in this
parcel out of it by going in and putting in a road, putting in water and sewer, and doing
multiple lots to pay for all that infrastructure. That's the alternative when you get right
® down to it. I don't think that fits the character of this particular part of town.
Dorothy Wood: Eddie, on our evaluation it says that he didn't buy this lot but actually
got it as a part of a legal settlement. Is that correct?
Eddie Bourdon: That is totally incorrect. You have a new write up that should have been
provided to you that corrects that error. It's an absolute error. Ms. Christie can confirm
that.
Dorothy Wood: Mr. Miller.
Robert Miller: Eddie, obviously I heard you say that in 2002, he bought two pieces in
addition to the 16 pieces back to the history of this.
Eddie Bourdon: He bought this piece with the house on it and this piece.
Robert Miller: And they were two separate and distinct deeds. He bought them and had
clear title to them obviously.
Eddie Bourdon: Separate transaction. Separate contracts. Separate deeds.
Robert Miller: But both occurred in 2002?
Item #16
Stephen H. Knight
Page 4
Eddie Bourdon: They both occurred in 2002.
Robert Miller: Than he then subsequently turned and sold the one larger piece off
afterwards.
Eddie Bourdon: He sold the parcel that he bought with the house on it. He has since sold
that. He just didn't do that. Between then and now, he sold that property to another
person who lives in the home.
Robert Miller: I'm going to be presumptuous but I would assume that a plat went to
record that identified that with that sale or was it all transferred by deed?
Eddie Bourdon: As far as I know there was no plat put to record at that point in time.
Just like there wasn't one put together when the two properties were purchased.
Robert Miller: It is not required but I was curious as to whether or not that had been
caught.
Eddie Bourdon: Occasionally, and I know because I'm familiar with this circumstance. I
don't think any of them that I have ever closed that didn't get caught. With all the title
companies and people doing title work, it just doesn't happen most of the time.
Robert Miller: But it did not have to come before the City because it had an existing
house on it. Is that the reason why it didn't come because there was no site plan request
for approval to build on it?
Eddie Bourdon: That is correct.
Robert Miller: This one is separate and different because it has to have a site plan.
Eddie Bourdon: Correct. Mr. & Mrs. Knight came in to get approval for their building
plan to build a house on the lot to sell. That is when it came to their attention that they
needed a subdivision variance because the lot had been created by deed rather than by plat
in 1970. There is nothing mysterious or legal issues. There is no litigation that had
nothing to do with it. That was just something that was missing information.
Dorothy Wood: Mr. Crabtree.
Eugene Crabtree: Mr. Bourdon, the property as we are looking on the map, the property
that is right to left of the easement, with the little house on it, does Mr. Knight own that
property?
Eddie Bourdon: Correct. There is no house. This is a frontage on North Landing Road.
Item # 16
Stephen H. Knight
Page 5
Eugene Crabtree: There is no house? That is incorrect?
Eddie Bourdon: There is no house here. At one time there was a home here but that was
taken down when the Knights built their home back here on the same large parcel of land
a number of years ago. Their land goes off of this map but this is the boundary line
between here, north and south and across North Landing, up here to this line that crosses
here, and like that. That is the property that they bought in the year 1995.
Eugene Crabtree: So there is no problem with him donating more land for a larger
easement in order for him to get back to any of his property?
Eddie Bourdon: There is none whatsoever. As I said, we're willing to put a total of 40
feet of back property, 20 to the lot with the house on it, and 20 to the one we are speaking
about so that each of those become flag lots with their own flag stem. However, having
said that the easement for ingress/egress does not go away so there is still only be the
existing driveway that both of these lots have the legal rights to use, and have had since
the year 1970. So access would still remain as it is so we are not adding a proliferated of
curb cuts along North Landing Road, but it would make the lots less non -conforming if
they had the 20 foot frontage which is what the City likes to have a minimum of on a flag
lots, which flag lots are better than a no frontage lot. And that is what we are willing to
do.
Dorothy Wood: Mr. Knight.
Barry Knight: Mr. Strange, do you have any opposition on this?
Joseph Strange: No. I was just thinking on Eddie said about this. I did have a question
though. So the Knights are not going to build on that lot themselves. They're going to
stay in their home back on the big lot.
Eddie Bourdon: Their intentions were to have a plan approved, and to sell the lot.
Someone is interested in buying and having their house on. It won't be their house.
They're going to remain on the house. They want their privacy. They want the large lot
feel. They do not want a cul-de-sac and a number of lots built. That is not why they
bought this parcel. They bought these properties when they did because they wanted to
preserve that openness that is there.
Dorothy Wood: Thank you.
Joseph Strange: The answer to your question is no.
Barry Knight: Well, I would just like to get this on the record. Even though Mr. Knight
has a wonderful last name, we're not relation. I don't know whatsoever. We'll get that
out there. I was looking through the other lots that are extremely similar that were maybe
Item #16
Stephen H. Knight
Page 6
not put to record or non -conforming, or whatever you want to call them. On the top three
of the last four, I see were in the Princess Anne District, I know I made the motion to
approve them. This was done in 1970. We had one down in the north end of Knotts
Island a couple of months ago that was put to record in 1954. I really appreciate
somebody buying a lot in good faith that has been a deeded lot, and they assumed they
could build on it. They go in to get a building permit and at the very last moment they
find out that they can't get a building permit. And, I know they don't want to put a cul-
de-sac in here at this particular time, hopefully never. I know it keeps in character with
North Landing Road, and their entrance way to this land is very rooted, and you can't
even see the house in the very back. I know the City wants to keep everything on the
straight and narrow, but sometimes you just have to make exceptions for what I hope
there are very few of these left. But they are probably what of them are left are going to
be in the Princess Anne District in the southern end of the City. So, I'm just struggling
with the property rights issue on this. I think the gentleman bought this lot. Other people
in Princess Anne or in Virginia Beach bought lots thinking they could build on them for
sell them as buildable lots, and I think that is what we have here. I think if in addition to
having this lot there are also willing to of course put a flag on this one and put a flag on
the other one where the AG-2 is, I think that would help us out a little bit as the City. In
my opinion, there may be some more comments, but I've been kind of struggling with
this but I think at the appropriate time, I'd like to make a motion to approve this
application with the understanding that between now and Council that they will get a
deeded access to not only this lot, which has already been done but to the one where the
AG-2 is to clean things up. And, I'll put that in a form of a motion.
Dorothy Wood: Thank you. Do I hear a second? Is there any more discussion? Mr.
Horsley.
Donald Horsley: The only comment that I want to make is I think the unique thing about
this one versus some of the other ones that we've heard is that many of them have had the
access on highways like Wadsworth and all. I think he had the access. I think the big
deal with this one is that Mr. Knight owns the larger tract of land, and most of these
people who purchased these lots are non -conforming and didn't have that ability to
combine them with other parcels. The ideal situation is what we would prefer but it
doesn't appear that this is what is going to happen. I really don't have a problem. I think
the ideal thing would be to do that, and then cut out the lot the right size as you wanted
but that doesn't appear that is going to happen. We got flag lots that is already there. So,
I really don't have a big problem if Mr. Knight is willing to give the 20 feet to the other
two lots to the other lot and this one to go ahead to create the two flag lots. I hate to go
against staff's recommendation but I think that is really what we need to do.
Dorothy Wood: A motion by Mr. Knight and seconded by Ms. Katsias to approve.
William Din: Do we have to have that as a proffer to this or that part of the motion that is
going to happen?
Item # 16
Stephen H. Knight
Page 7
Barry Knight: My motion was to approve it with the addition of that property to be
worked out between now and Council.
Eddie Bourdon: Because it is a subdivision you can add the condition to it. It is not a
rezoning. You can make that a condition that we have to provide two 20-foot access
dedications. In other words, the land will be conveyed that it goes with each of those two
lots. They will be a separate 20-foot flag lot. That is a condition.
Dorothy Wood: Thank you. Karen and then Faith.
Faith Christie: If you allow him to dedicate the 20 feet off of his existing 16 acre parcel,
then he is going to need a subdivision variance for that one because it is going to reduce
his width below the 150, which he is required to have. He needs to do it by egress/ingress
easements.
Dorothy Wood: Okay. Mr. Bourdon.
Eddie Bourdon: We're splitting hairs. We can do it anyway that you all want.
Dorothy Wood: Your willing to do that?
_ Eddie Bourdon: We're willing to do it either way. If it is better to do the two 20-feet and
get the variance for the 16 acres, we'll do it that way. If you want the easement, we'll do
it.
Dorothy Wood: I think that is what Faith would like is the easement. Is that correct?
Karen Lasley: It's easier, I think.
Dorothy Wood: It's easier. Thank you Mr. Bourdon. That is part of your motion sir?
Barry Knight: Yes ma'am.
Dorothy Wood: Okay.
AYE 11 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
ABS 0 ABSENT 0
Item # 16
Stephen H. Knight
Page 8
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of Stephen H.
Knight.
Dorothy Wood: Thank you very much.
e �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Cecily Czapanskiy — Conditional Use Permit (riding academy)
MEETING DATE: August 9, 2005
■ Background:
An Ordinance upon Application of Cecily Czapanskiy for a Conditional Use
Permit for a riding academy on property located at 3943 Dawley Road (GPIN
24111784140000). DISTRICT 7 — PRINCESS ANNE
■ Considerations:
In October 1995, a Conditional Use Permit to allow boarding of horses was
approved for this site with seven conditions attached by City Council. The
conditions allowed horse riding lessons to be given only by the applicant, Sharon
Golesh. The Conditional Use Permit was modified in January 1996 to allow
boarders to use their own riding instructors and trainers. At this time, the new
owner of the site is requesting a Conditional Use Permit to allow development of
the site for a riding academy (indoor riding arena).
The site is currently developed with a single-family dwelling, garage, horse barn,
parking area and defined riding areas. The site is accessed via a 20-foot right of
way from Dawley Road. The applicant wishes t .= add an indoor arena for
boarders and students. The submitted physical survey depicts a proposed 100-
foot by 200-foot gravel parking area and a proposed 60-foot by 165-foot indoor
arena. The submitted elevation depicts a steel building with three decorative
cupolas. Wood trim provides some architectural relief to the building mass. The
proposed building will be white with red trim to match the existing barn.
The applicant wishes to have 50 students and three (3) on -site instructors plus
outside instructors as needed by the boarders. Currently 18 horses are boarded
and eight (8) horses are available for hire. The applicant offers weekly lessons
for groups of 2-8 students. The lessons generally last one and one-half hours.
The Planning Commission placed this item on the consent agenda because they
feel that it is in keeping with the rural character of the area. The request for a
riding academy is in keeping with the Comprehensive Plan and all requirements
of the City Zoning Ordinance.
Cecily Czapanskiy
Page 2of3
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
physical survey, which depicts the proposed locations of the parking area and
indoor arena. Said physical survey has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department.
2. The proposed building shall be constructed substantially in accordance with
the submitted elevation, Sheet S3 of S5, prepared by Allied Design
Architecture and Engineering Group, P.C., dated 1/31/05. Said elevation has
been exhibited to the City of Virginia Beach City Council and is on file in the
Planning Department. The proposed building colors shall be in keeping with
and complementary to the existing barn.
3. The proposed building shall meet a minimum 100-foot setback from adjacent
properties.
4. The applicant shall improve the 20-foot right-of-way with asphalt or concrete
to a minimum of 18-feet in width. The right-of-way shall be improved from
Dawley Road to the proposed parking area. The vegetation adjacent to the
ditch along the north side of the property shall not be disturbed. The applicant
shall make any necessary improvements to the apron located within the
Dawley Road right-of-way.
5. The applicant may request a waiver of on -site improvements for the proposed
parking area. The parking area may be developed with gravel or pavers, or a
mixture, provided the parking area is clearly defined with a barrier (railroad
ties, curbing, fencing, etc.), and the required handicap accessible parking
spaces are improved.
6. The maximum number of boarding horses shall not exceed eighteen (18).
7. Hours of operation shall be from 8 a.m. to 8 p.m. during the months of
November through March. From April through October, the hours of operation
shall be 8 a.m. to 9 p.m.
8. All lighting on the site shall be directed inward and not overflow onto adjoining
properties.
9. No outside speakers or sound system shall be permitted.
10. Public restrooms shall be required.
11.The site is limited to horse boarding and lessons; there shall be no horse
shows, polo matches, etc.
Cecily Czapanskiy
Page 3 of 3
12.These conditions shall remain in effect for as long as the horse boarding
facility is in operation.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department �Joal
City Manager: .c�
CECILY
CZAPAN S KIY
Agenda Item # 11
July 13, 2005 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a riding academy.
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CUP -- Ridmg .Academy
ADDRESS / DESCRIPTION: Property located at 3943 Dawley Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
2411178414 7 — PRINCESS ANNE 24.135 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for a riding academy (indoor riding arena). The site is currently developed with a
single-family dwelling, garage, horse barn, parking area and defined riding areas. The site is accessed via
a 20-foot right of way from Dawley Road. The applicant wishes to add an indoor arena for boarders and
students. The submitted physical survey depicts a proposed 100-foot by 200-foot gravel parking area and
a proposed 60-foot by 165-foot indoor arena. The submitted elevation depicts a steel building with three
decorative cupolas. Wood trim provides some architectural relief to the building mass. The proposed
building will be white with red trim to match the existing barn.
The applicant wishes to have 50 students and three (3) on -site instructors plus outside instructors as
needed by the boarders. Currently 18 horses are boarded and eight (8) horses are available for hire. The
applicant offers weekly lessons for groups of 2-8 students. The lessons generally last one and one-half
hours.
The previous owner of the property was granted a Conditional Use Permit for boarding horses in October
1995, subject to seven conditions. The conditions allowed horse riding lessons to be given only by the
applicant, Sharon Golesh. In January 1996 the previous owner requested a modification of Condition 4 to
allow boarders to use their own riding instructors and trainers. This request did generate traffic concerns
with adjacent property owners and neighbors along Dawley Road, however the condition was modified to
the following:
• Horse riding lessons given by the applicant, Sharon Golesh, shall not exceed 10 non -
boarding students per month. Outside instructors are limited to teaching students
boarding horses at 3943 Dawley Road.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The site is currently developed with a single-family dwelling, garage, horse barn,
parking area and defined riding areas.
SURROUNDING LAND North: 0 Farm fields and wooded areas / AG-1 Agricultural in the
USE AND ZONING: Agricultural Reserve Program
South: 0 Single-family dwellings / AG-2 Agricultural
East: 0 Single-family dwellings / AG-2 Agricultural
West: 0 Farm fields and wooded areas / AG-1 Agricultural in the
Agricultural Reserve Program
NATURAL RESOURCE AND The perimeter of the site is wooded, providing a buffer to adjacent
CULTURAL FEATURES: properties. The balance of the site is developed with a single-family
dwelling, detached garage, and horse barn, parking area and riding
areas. The property may be considered for the Agricultural Reserve
Program. Adjacent properties are already in the program, and the
addition of this parcel would expand the contiguous area being
conserved for agriculture
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dawley
Road is a two-lane rural local street. There are no traffic volumes available for Dawley Road. Based
upon the 50 students proposed in this request, it is estimated that less than 100 trips per day will be
generated by this facility. No trip generation information is available for this land use type, and this trip
generation should be considered a rough estimate. There are no improvement plans for this roadway.
WATER and SEWER: Health Department approval is required for well and septic system use.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as
low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area
as agricultural / rural with uses related to farming, forestry, rural residential, and other rurally compatible
uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping
taxes low, and maintaining the rural community, the vision for our rural landscape is important." (Pg. 161)
EVALUATION AND
RECOMMENDATION
CECILY CZAPANSKIY
Agenda Item # 11
Page 2
Staff recommends approval of this request with conditions provided below. The request for a conditional
use permit for a riding academy is in keeping with the planning objectives outlined in Chapter 6 of the
City's Comprehensive Plan: #2 Recognize the rural character and the need to preserve open space and
scenic beauty. "Rural areas may be characterized as a balance between the natural environment and
human uses with farms, horse boarding, campgrounds, wineries and open space activities" (Pg.164).
The City Zoning Ordinance permits riding academies, and horses for hire or boarding within the
agricultural district with a Conditional Use Permit so as to mitigate any undue impact upon other uses in
the immediate area. The ordinance requires all buildings housing animals and corrals in which animals
are kept or assembled in concentrated groups be located a minimum of 100-feet from adjacent
properties. The applicant's submitted plan meets that requirement. The ordinance also limits the number
of horses to no more than three (3) riding animals for each acre of land within the site. The applicant's
request meets that requirement. Additional conditions listed below should mitigate any concerns of the
adjacent properties and neighbors.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted physical survey, which
depicts the proposed locations of the parking area and indoor arena. Said physical survey has been
exhibited to the City of Virginia Beach City Council and is on file in the Planning Department.
2. The proposed building shall be constructed substantially in accordance with the submitted elevation,
Sheet S3 of S5, prepared by Allied Design Architecture and Engineering Group, P.C., dated 1/31/05.
Said elevation has been exhibited to the City of Virginia Beach City Council and is on file in the
Planning Department. The proposed building colors shall be in keeping with and complementary to the
existing barn.
3. The proposed building shall meet a minimum 100-foot setback from adjacent properties.
4. The applicant shall improve the 20-foot right-of-way with asphalt or concrete to a minimum of 18-feet
in width. The right-of-way shall be improved from Dawley Road to the proposed parking area. The
vegetation adjacent to the ditch along the north side of the property shall not be disturbed. The
applicant shall make any necessary improvements to the apron located within the Dawley Road right-
of-way.
5. The applicant may request a waiver of on -site improvements for the proposed parking area. The
parking area may be developed with gravel or pavers, or a mixture, provided the parking area is
clearly defined with a barrier (railroad ties, curbing, fencing, etc.), and the required handicap
accessible parking spaces are improved.
6. The maximum number of boarding horses shall not exceed eighteen (18).
7. Hours of operation shall be from 8 a.m. to 8 p.m. during the months of November through March. From
April through October, the hours of operation shall be 8 a.m. to 9 p.m.
8. All lighting on the site shall be directed inward and not overflow onto adjoining properties.
9. No outside speakers or sound system shall be permitted.
CECIL
10. Public restrooms shall be required.
11. The site is limited to horse boarding and lessons; there shall be no horse shows, polo matches, etc.
12. These conditions shall remain in effect for as long as the horse boarding facility is in operation.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
CECIL
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Agenda Item #-11
Page 7
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CUP - Riding Academy
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1.
10/24/95
Conditional Use Permit (Boarding Horses)
Approved
1/23/96
Reconsideration of Condition
Approved
2.
11/18/97
Conditional Use Permit (Alternative Residential Rural
Approved
Development Development)
3.
11/26/91
Subdivision Variance and Conditional Use Permit
Approved
(single-family dwelling)
4.
5/14/90
Conditional Use Permit Communication Tower
Denied
DISCL OSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
I. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1, List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary))
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& See next page for footnates
cm,monal use Permit Appkation
Page 9 010
RWLd W112004
DISCLOSURE STATEMENT
CECIL
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
can iraq- [Attnnh lint if naransarvl
"Parerrt�subsidlary relationship" means "a relationship that exists when one
[between
poration directly or indirectly owns shares possessing more than 50 percent of the
ng power of another corporation.* See State and Local Government Conflict of
rests Act, Va. Cafe § 2.2-3101
"AffiliaW business entity re onsh'ip" means "a relationship, other than
patent -subsidiary relationship, that exists when (i) one business entity has a
trolling ownership interest in the other business entity, (ii) a controlling owner in
entity is also a controlling owner In the other entity, or (Hi) there is shared
nagement or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
ude that the same person or substantially the same person own or manage the two
ties; there are common or commingled funds or assets, the busines&eotities share
use of the same offices or employees or otherwise share activities, resources or
sonnel on a regular basis; or there is otherwise a dose working relationship
the entities." See State and Local Government Conflict of Interests Act, Va.
de § 2.2-3101.
Ii [CATION: 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, 1 am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
g t he' structions in ispackage.
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F'r y OvAWS signature (it different than applicant) Print me
CendMonal use Pemfi appk tion
Page 10 of 10
RWAwd 9112004
Item #11
Cecily Czapanskiy
Conditional Use Permit
3943 Dawley Road
District 7
Princess Anne
July 13, 2005
CONSENT
William Din: The next item that I have is Item #11. This is Cecily Czapanskiy. This is
an application for a Conditional Use Permit for a riding academy on property located at
3943 Dawley Road in the Princess Anne District.
Cecily Czapanskiy: Hi. I'm Cecily Czapanskiy, the owner of the property. We've read
the conditions, and we understand them.
William Din: Thank you. There are 12 conditions associated with this item. Is there
anybody who objects to placing this item on consent agenda? If not, Mr. Don Horsley
will explain.
Donald Horsley: Thank you, Will. Originally this piece of property had a Conditional
Use Permit put on it in October 1995 for a riding academy and boarding horses and
-- whatever. The new owner wishes to have a new Use Permit so she can build an indoor
riding arena, and do more teaching of youngsters preferably to ride. The request is in
keeping with the Comprehensive Plan. We encourage such things in the rural area. The
zoning ordinance permits riding academies and horses for hire and boarding within the
agricultural zone. We don't have any objection. The lighting has been addressed. The
conditions, and there was some discussion this morning about lighting the road that links
back to the property but we deemed that it really wasn't necessary. So we think that all in
all this is a good application, and we had it placed on the consent agenda.
William Din: Thank you, Don. I would like -to make a motion to approve the following
consent agenda item, Item #11 Cecily Czapanskiy, which is a Conditional Use Permit
request for a riding academy on property located at 3943 Dawley Road in the Princess
Anne District with twelve conditions.
Dorothy Wood: Thank you. Do I hear a second? Mr. Knight. We have a motion by Mr.
Din and a second by Mr. Knight.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON AYE
CRABTREE AYE
DIN AYE
Item #11
Cecily Czapanskiy
Page 2
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item #11 for consent.
Dorothy Wood: Thank you.
SP BPS H!
7.}
r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Jack Rabbit Self Storage/Green Run, L.L.C. — Change of Zoning District
Classification
MEETING DATE: August 9, 2005
■ Background:
An Ordinance upon Application of Jack Rabbit Self Storage/Green Run, L.L.C.
for a Change of Zoning District Classification from A-12 Apartment District to
Conditional B-2 Community Business District on property located at 3329
Crabapple Road (GPIN 14960029310000). 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. The purpose of this zoning change is to develop the
site with a mini -warehouse facility. DISTRICT 3 — ROSE HALL
■ Considerations:
The applicant proposes to rezone the existing A-12 Apartment District property to
Conditional B-2 Community Business District and develop the site with four (4)
parking spaces to be used by the mini -warehouse development located directly
south of the site. The request is a result of the proposed improvements to
Lynnhaven Parkway, CIP 2-157 Lynnhaven Parkway — Phase IX (VDOT). The
applicant is losing three (3) parking spaces on his site due to the road widening.
The applicant has entered into an agreement with the Virginia Department of
Transportation (VDOT) to donate the right-of-way needed from several parcels
he owns on Birdneck Road for the CIP 2-149 Birdneck Road — Phase II (VDOT)
road widening in exchange for a portion of this site to be used for parking. The
submitted plan depicts three (3) parking spaces and one (1) handicap accessible
space. Additionally, a six and one-half foot landscape buffer with wax myrtle
shrubs is depicted.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The proposal is compatible with the adjacent
residential neighborhood as well as the business areas. While a property owner
is not required to provide parking when they lose it due to a governmental action
such as a road -widening project by replacing the parking the site will remain
conforming with the ordinance.
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 2 of 2
Staff will work with the applicant to insure that the proposed buffer area is
sufficient to screen the adjacent property owner and complementary to the
proposed landscaping to be installed with the road widening project.
There was opposition to the request.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request, as proffered.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.411
Submitting Department/Agency: Planning Department
City Manager. �- , WV.
JACK RABBIT SELF
STORAGE / GREEN
RUN L.L.C.
Agenda Item # 2
July 13, 2005 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Change of Zoning District Classification from A -
A-12
Rabbit
tiaA I2
' , _.
�r
id;Yienaf ZoninP Chance from A-i2 to B-2
12 Apartment District to Conditional B-2 Community Business District.
ADDRESS / DESCRIPTION: Property located at 3329 Crabapple Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14960029310000 3 — ROSE HALL 2,750 square feet
Run LLC
FA
SUMMARY OF REQUEST
The applicant proposes to rezone the existing A-12 Apartment
District property to Conditional B-2 Community Business District and develop the site with four (4) parking
spaces to be used by the mini -warehouse development located directly south of the site. The request is a
result of the proposed improvements to Lynnhaven Parkway, CIP 2-157 Lynnhaven Parkway — Phase IX
(VDOT). The applicant is losing three (3) parking spaces on his site due to the road widening. The
applicant has entered into an agreement with the Virginia Department of Transportation (VDOT) to donate
the right-of-way needed from several parcels he owns on Birdneck Road for the CIP 2-149 Birdneck Road
— Phase II (VDOT) road widening in exchange for a portion of this site to be used for parking. The
submitted plan depicts three (3) parking spaces and one (1) handicap accessible space. Additionally, a
six and one-half foot landscape buffer with wax myrtle shrubs is depicted.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Vacant land. The site was acquired for the improvements to Lynnhaven Parkway.
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 1
SURROUNDING LAND
USE AND ZONING: North: • Vacant land / A-12 Apartment
South: . Mini -warehouses / B-2 Community Business
East: 0 Lynnhaven Parkway
West: 0 Residential dwelling / A-12 Apartment
NATURAL RESOURCE AND There are no natural resources or cultural features associated with the
CULTURAL FEATURES: site.
AICUZ: The site is in an AICUZ of more than 75 dB Ldn and in an Aircraft
Accident Potential Zone II surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This
portion of Lynnhaven Parkway is depicted on the Master Transportation Plan Map as a divided
roadway, 120-foot in width, with a bike path. The Capital Improvement Project, CIP 2-157 Lynnhaven
Parkway — Phase IX (VDOT) not only includes widening of the roadway to accommodate increasing
traffic volume but also aesthetic treatments such as a meandering bike path, berms and enhanced
landscape treatments.
WATER and SEWER:. There are no water and sewer concerns associated with the site.
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Primary Residential Area. Land use plan policies and principles for the Primary Residential Area focus
strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the
surrounding stable neighborhoods. Primary Residential Areas are planned for relatively low density,
suburban -type growth that includes residential as well as some commercial and office uses.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is compatible with the adjacent residential neighborhood as well as the business areas. While a
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item °# 2
Page 2
property owner is not required to provide parking when they lose it due to a governmental action such as
a road -widening project by replacing the parking the site will remain conforming with the ordinance.
Staff will work with the applicant to insure that the proposed buffer area is sufficient to screen the adjacent
property owner and complementary to the proposed landscaping to be installed with the road widening
project.
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.
PROFFERI:
The Property shall be used for parking for the customers of the adjacent mini -storage warehouses owned by
the Grantor abutting the property.
PROFFER 2:
Further conditions mandated by applicable development ordinances 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 COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated June 13, 2005, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 3
AERIAL OF SITE LOCATION
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 4
&
p,,\l.lKWAY
PROPOSED SITE PLAN
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 5
Map H-
a , "�J Jack Rabbit Self f ` Lora e+C ree .Run .L C
J�,
iil
'J"
4 A 12
,Q, t
r .,/�
/
oic
717/ Y
Jr
01
Ct:ri .9rtional Zoning Chtingc, iron; A-12 to 6'_ ,
1.
2/28/77
Conditional Use Permit (Self-service storage facility)
Approved
12/19/77
Conditional Use Permit (Expansion)
Approved
11/19/73
Conditional Use Permit (Multiple -family units)
Approved
5/24/71
Conditional Use Permit (100- Multiple -family units)
Approved
5/17/71
Rezoning (R-M Multiple -family residences to C-1_2
Withdrawn
Limited Commercial)
7/8/68
Conditional Use Permit (Multiple -family units)
Approved
2.
4/19/93
Conditional Use Permit (Automotive repair)
Approved
3.
8/14/99
Conditional Use Permit Automotive repair)
Approved
4.
7/11/98
Conditional Use Permit (Automotive repair and
Approved
detailing)
5.
8/8/88
Conditional Use Permit (Automotive repair)
Approved
ZONING HISTORY
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 6
DISCLOSURE STATEMENT �I
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1, List the applicant name followed by the names of all officers, members. trustees,
partners, etc. below: (Attach list if necessary)
_. _..- .... ...
I si nC Tt ,ti1i- JACK RABBIT SELF 1 ST0RAGE h E N hi L.
jn�FiTi> .� - .. `;WALLY 1: F+rNE, wEIP, ;:OE.N AST I;'iti,,,,, 'Iy,
2 List all businesses that have a parent -subsidiary' or affiliated business entity`'
relationship with the applicant: (Attach list if necessary)..._...... _....._.._........... __.._._.. -- --................................
(;;heck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section Orly if property owner is different from applicant.
if the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
t. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if nece.ssarv)
................... _... _.__..___._... _........ ................ .....__._..,
I I
i
i
- i
I
2. List all businesses that have a parent -subsidiary' or affiliated business entity)
relationship with the applicant: (Attach list if necessary) I
1
r
_.._................
Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
i ° ` See next page fur rootrote
Conde iona( R. Z0s 1109 A4,piir..atlor.
Nqr i t of 12
R—Sed 91 ria0d
DISCLOSURE STATEMENT
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 7
rAla
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
_.
B&R . ONT__ AC:TOTR,.
t T ..: COP P0 A l .I:)N''
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va, Code § 2.2-3101.
2 "Affiliated business entity relationship" means °a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity. (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities: there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities. resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101,
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
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
0f':v C:. L as i t 11 t
Anniicant's Si€inakire Print Name _
Pr- r _ -------
operty-Uwners Sianattira yit diffPrErtt Then appticantt Pant Name
i;wdi-,ionai C« oning Appficau",
i ape 12 of 12
Revise0 9112004
DISCLOSURE STATEMENT
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
AgendaItem# 2
Page 8
T�11,7 "" p
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc, below: (Attach list if necessary)
APPLICANT - JACK RABBIT SELF STORAGE/GREEN RUN, L.L.C.
MEMBERS - A FAMILY PARTNERSHIP; JOHN C. ASPINWALL, III;
TRIPLE A, LLC; THE 8ELAIRS, LLC;
J. MICHAEL BRUNER; B. LYNN CARTER
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1 List the property owner name followed by the names of all officers, members,
trustees, partners, etc. helow: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entV
relationship with the applicant: (Attach list if necessary)
E]Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
See next P.ge for footnotes
CoNitional Rezoning Application
Page 11 of 12
Revised 911 QON
DISCLOSURE STATEMENT
JACK RABBIT SELF STORAGE / GREEN RUN L.L.C.
Agenda Item # 2
Page 7
dM
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
B&R CONTRACTORS COMMONWEALTH TRANSPORTATION COMMISSIONER
BASGIER & ASSOCIATES OF VIRGINIA
KAUFMAN & CANOLES
WILFORE & WYNN
RETRAC CORPORATION
COMMONWEALTH OF VIRCINTA
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation.' See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 'Affiliated business entity relationship' means 'a relationship. other than
parent -subsidiary relationship, that exists when (I) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices of employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities.' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101,
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
sign on the subject property at least 30 days prior to the scheduled public hearing
ac,ppirding to the instructions in this package,
JOHN C. ASPINWALL III
Print Name
Property Owner's Signature (d different than applicant) Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 9/112004
DISCLOSURE STATEMENT 11
JACK RABBIT SELF STORAGE / G
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Change of Zoning District Classification
3329 Crabapple Road
District 3
Rose Hall
July 13, 2005
REGULAR
Dorothy Wood: The next order of business is our regular agenda items. Our Secretary
Mr. Strange, will call our first item.
Joseph Strange: The first item is Item #2 Jack Rabbit Self Storage/Green Run, L.L.C.
An Ordinance upon Application of Jack Rabbit Storage/Green Run, L.L.C. for a Change
of Zoning District Classification from A-12 Apartment District to Conditional B-2
Commercial District on property located on 3329 Crabapple Road, District 3, Rose Hall,
with two proffers.
John Richardson: Thank you, Mr. Strange. My name is John Richardson. Ladies &
Gentleman of the Commission, I'm a local attorney, and I represent the applicant in this
matter. My client owns and operates the Jack Rabbit Self Storage facility that is
immediately adjacent to this parcel of property. The necessity of this request arose two
circumstances. Mr. Aspinwall purchased the site, which is marked in red on the board
there several years back to provide visibility for his business. The State came through
and took the lots. The City has proposed a little bike path along with a walking trail. The
result is that when the road is widened, my client will lose the few parking spaces that he
has in front of his building. These are the existing spaces in front of the building at the
moment. What we propose to do is to relocate our parking spaces right here, these four
spaces, which is again, precipitated by the taking the property along this route through
here. The office for the Jack Rabbit Self Storage facility is opened from 9:00 am to 5:30
pm Monday through Friday and from 9:00 am — 3:00 pm on Saturday. It is not a highly
used parking spot in it. People who wish to access their space are simply going to drive
to the space in the facility, which is arraigned here, and back there in this area here. Folks
are not parking there to access their storage facilities. There are no storage facilities
adjacent to this parking area. What they're doing is going in the office to pay a bill or
check on a status of a matter, or rent a space. So, we don't feel that it would be highly
utilized. We also have in the file, which was sent in with the application consent from the
neighbor right here. She indicated that she had no opposition to our request. My client, as
Mr. Aspinwall has done throughout the city or has tried to do will heavily landscape the
area in front of where vehicles might park so there will be a buffer not only from this lady
here but for many folks, I guess further down this neighborhood. There really wouldn't
be anybody impacted here because as you can see that is all gone for the houses have been
removed for the bike path. I'll be happy to answer any questions.
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 2
Dorothy Wood: Are there any questions for John? This is pretty much of a housekeeping
matter isn't it, because of the road?
John Richardson: Yes.
Ronald Ripley: Can you explain the amount of landscaping you're going to do between
the two, even the house that is not in opposition?
John Richardson: Yes sir. In the application, we're going to put in wax myrtles and
intersperse that. This is Cindy Klemmor, who is the construction manager for Jack
Rabbit Self Storage. You can see that we're putting in wax myrtles along there and low
shrubs in between the wax myrtles so it will provide an adequate buffer. Of course, these
conditions are proffered, but we'll do whatever staff would like for us to do for
landscaping there if this isn't deemed appropriate. We'll put a fence up. Mr. Aspinwall
didn't think that a fence would be as attractive as the vegetation, but he'll do whatever the
City would like.
Ronald Ripley: And the bike path is in the public right-of-way?
John Richardson: Yes sir.
1-11 Ronald Ripley: Okay.
John Richardson: And Mr. Ripley, if I can, you will see that it picks up where the bike
path runs, like so. It picks up here, goes across this driveway. This is a Captain D's
'Seafood here, and you continue on along here, as the sidewalk runs so it will be
continuation of that so the folks in the neighborhood can ride their bike.
Ronald Ripley: Go back to the bike path again? So the bike path has to get down to the
sidewalk area so there really wouldn't have been any reason to run it up through the
middle of the site so the public really isn't losing any benefit there?
John Richardson: No sir. Not that we can see. The bike path has to eventually stop there
or the folks want to continue riding their bikes along it, they got to logically somehow
have to cross into this fairly developed area, which is to the south of the Jack Rabbit, and
that would necessitate going out in the parking lot, which runs along so to cross the
mouth of this parking lot, and so on.
Ronald Ripley: Thank you.
John Richardson: Yes sir.
Dorothy Wood: Are there any other questions? Thank you Mr. Richardson.
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 3
John Richardson: Thank you ma'am.
Dorothy Wood: Call the opposition please sir.
John Strange: Yeah. Speaking in opposition we have Jay Pierce.
Jay Pierce: Thanks Council for hearing me.
Dorothy Wood: Sir, would you please give your name?
Jay Pierce: Jay Pierce. I live at 3320 Crabapple Road.
Dorothy Wood: Thank you sir.
Jay Pierce: I moved into that area when the only thing on the property was a pine tree.
I've watched Lynnhaven Road become Lynnhaven Parkway. They have taken all the
homes across the street from me and my neighbors that are there now. Our only objection
is the changing from a residential area to a commercial area. Our feeling is if that is done
the next thing we're going to see is a bunch of businesses go up across the street from us.
We really don't want that.
Dorothy Wood: Thank you. Are there any questions?
William Din: Can you show us where you live on this?
Dorothy Wood: There is a pointer sir right there.
Jay Pierce: I believe I am right here.
Dorothy Wood: Thank you.
William Din: And you are concerned with what businesses?
Jay Pierce: We're concerned, not only myself. I'm the only one in the area that could get
off work today. What we're mainly concerned about is that it is changed to commercial
from residential and the next thing that we're going to see is the whole area across the
street from us turned into commercial property. When VDOT came into that area and
tore the homes out, they came in with a plan and showed us all this nice plan of turning
that area into a park with a berm there, a guard rail in front of us, so that traffic couldn't
crash through. They did mention a bicycle path on the outside, and we don't see any of
that with commercial property going in there. We don't see that happening. So that is
our complaint.
Dorothy Wood: Mr. Scott, do you have any comment on that please, for him?
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 4
Robert Scott: I think what is being said is correct. I think that there have been
indications made that berm would go in there. I still think that is the plan. I see this
gentleman's fear, but this is an exception because of unusual circumstances with this
particular business next door. We would be violently opposed to any extension of this
down Lynnhaven Parkway. If you can go back to the map where you can see the numbers
13, 14, 15, and 16. I think that is where the gentleman was talking about.
Jay Pierce. Right. That is all across the street. I think 0-2 is what they're interested in.
Robert Scott: Right.
Jay Pierce: And 0-2, we have no problem with that becoming a parking lot. Our
problem is once it is changed, are they just changing that to commercial, or are they going
to change the whole strip to commercial?
Robert Scott: That is what I'm trying to address.
Dorothy Wood: If you listen to Mr. Scott, he is our Planning Director.
Robert Scott: Sir, that is what I'm trying to address for you. To answer your question?
No. It is not going to happen. This is a unique circumstance that led to the problems
with Jack Rabbit storage. That is it. Those other lots that you see numbered there where
the houses have been taken off of there are going to be treated like VDOT told you
they're going to be treated.
Jay Pierce: Okay.
Robert Scott: There is not going to be anymore zoning down that street that is of a non-
residential nature. IT is going to stay the way it is except to be improved the way VDO I'
promised you.
Jay Pierce: I have with me the neighbor that lives right next to that particular property.
And as she said, she had no opposition to that. She did become concern when she started
thinking about the whole area becoming commercial.
Dorothy Wood: Mr. Scott has certainly reassured you, I am sure. We appreciate you
coming down.
Jay Pierce: I can go back and tell my neighbors now the Council has told me, and we have
no worry about that. It is going to be what we were told it was going to be. I'm sure there
is no petition or anything that we want to come up with.
Dorothy Wood: Well thank you sir. We appreciate you coming down today.
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 5
Jay Pierce: Thank you.
Dorothy Wood: Thank you. Are there any other comments? Mr. Richardson, did you
want to say anything?
John Richardson: Thank you Ms. Wood. I have nothing else to add.
Dorothy Wood: Thank you.
John Richardson: I would like to concur with what Mr. Scott said, that 19-13 are owned
by the Commonwealth of Virginia, and I don't see anyway for that to be developed
commercially. Mr. Scott is certain correct.
Dorothy Wood: Thank you.
John Richardson: Thank you.
Dorothy Wood: Do I hear a motion? Mr. Ripley?
Ronald Ripley: I would just like to make a comment, and then I'll make a motion. I'm
sure Mr. Scott wrestled with this a little bit but if I understand it correctly, it looks like
your blending. There are some property rights that were affected when this occurred, and
I think were trying to mitigate residential rights and commercial rights. That fact that it is
a proffered plan, it's recorded at the courthouse, I think the gentleman that was here can
be rest assured that is legally enforceable, and that is all that it is going to be used for is
for a couple of the parking spaces, landscaped as such with the proposed bike path going
by it. So, I think you probably done a good job in the staff's recommendation. I would
like to make a motion that we approve this.
Dorothy Wood: Thank you. There has been a second by Mr. Knight. Mr. Crabtree?
Eugene Crabtree: I have to abstain from this. I'm an employee of Jack Rabbit.
Dorothy Wood: Thank you sir.
AYE 10 NAY 0 ABS 1 ABSENT 0
ANDERSON
AYE
CRABTREE
ABS
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
Item #2
Jack Rabbit Self Storage/Green Run, L.L.C.
Page 6
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, with one abstention, the Board has approved the
application of Jack Rabbit Self Storage.
Dorothy Wood: Thank you very much.