OCTOBER 11, 2005 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY 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
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
11 OCTOBER 2005
I.
CITY COUNCIL COMMENTS
II.
REVIEW OF AGENDA ITEMS
III.
INFORMAL SESSION
Conference Room
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
IV.
FORMAL SESSION
Council Chamber
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Kevin Milcarek, Pastor
Back Bay Christian Assembly
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
1:30PM
2:00PM
6:00PM
D.
E.
F.
G.
H.
I.
J.
c.
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
October 4, 2005
AGENDA FOR FORMAL SESSION
MAYOR'S PRESENTATION
1. VIRGINIA BEACH 9-1-1 EMERGENCY COMMUNICA nONS DIVISION
National Accreditation Award
Gwen Cowart, Director of Communications & Information Technology
CONSENT AGENDA
ORDINANCES/ RESOLUTIONS
1. Ordinance to REVISE §2-166.1 of the City Code re the City's Operating Budget Preparation
Process to address real estate revenue.
2. Ordinances to ACCEPT and APPROPRIATE Grant funds from the Department of
Homeland Security/Federal Emergency Management Agency (FEMA) to the FY 2005-06
Operating Budget ofthe Fire Department as follows:
a. $144,000 re vehicle and air compressors (this Grant requires a 20% match)
b. $40,000 re the Citizen Corps Council (CCC) and Community Emergency Response
Team (CERT) to continue these volunteer programs for the fourth year
3. Ordinance to TRANSFER $2,000,000 from the FY 2005-06 Capital Improvement Program
(CIP) to the FY 2005-06 Schools Operating Fund as follows:
Instruction
Administration
Transportation
Operations
Food Services
$1,451,449
$57,241
$152,460
$238,491
$100,359
4. Ordinance to AUTHORIZE execution of a Memorandum of Understanding (MOU) with the
Patriotic Festival, LLC for activities to be held Memorial Day 2006, including a $400,000
City grant.
5. Ordinance to AUTHORIZE execution of an Addendum to the Memorandum of
Understanding (MOU) re the Southeastern Parkway and Greenbelt improvements to the
steel bridge, Dominion Boulevard (US. Route 17) and the Oak Grove Connector.
6. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or
condemnation, from Williams Holding Corporation and Tallwood LP. re expansion of the
City's landfill.
K.
PLANNING
1. Application of TWO FARMS, INc. for expansion of a Nonconforming Use to add a master
bedroom, laundry area and walk-in closet to the existing structure at 220 43rd Street. (DISTRICT
6 - BEACH)
RECOMMENDATION:
APPROV AL
2. Application of J. B. and LOIS CAMPBELL for exvansion of a Nonconforming Use to raise the
roof, enlarge the third floor unfinished attic and add a dormer to the existing structure at 107 53rd
Street. (DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROV AL
3. Application of LA VERN MILLER for alteration of a Nonconforming Use to resubdivide the
property to eliminate conditions of "non-conformity" at 3400 North Landing Road. (DISTRICT
7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4. Application ofK & SONS, Inc. for Modification of the Indian Lakes Land Use Plan to allow
a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard
and Pleasant Valley Road. (DISTRICT 2- KEMPSVILLE)
APPLICANT REQUESTS:
RECOMMENDATION:
DEFERRAL
DENIAL
5. Application of CHARLES H. and SANDRA T. DAWSON for a Chanfle of Zoning District
Classification from 0-2 Office District to Conditional B-2 Community Business District at 138
South Rosemont Road (DISTRICT 3 - ROSE HALL) (Deferred Indefinitely July 5, 2005 -
returned to agenda at the request of Council Lady McClanan)
6. Application of STEVEN KREVER for a Chanfle ofZoninfl District Classification from 0-2
Office District to Conditional B-1 Neighborhood Business District re a delicatessen at 3712
South Plaza Trail (DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROVAL
M.
N.
Agenda 10/11105 St
www.vbgov.com
L.
O.
7. Application of KAREN K. GERMAN for a Change of Zoning District Classification
from B-2 Community Business District to R-20 Residential District re subdivide the property
and construct two single family residences at 5608 Parliament Drive.
(DISTRICT 2- KEMPSVILLE)
RECOMMENDATION:
APPROV AL
APPO INTMENTS
BEACHES and W ATERW A YS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD (Alternates)
WETLANDS BOARD
UNFINISHED BUSINESS
1. Ordinance AUTHORIZING the execution of an Agreement re the terms and conditions of a
water utility service between the Cities of Virginia Beach and Norfolk with Stephen Alexander
Homes, Inc. at Pleasant Grove. (Approved October 4, 2005)
(Vice Mayor Jones will sponsor Mr. Joe Sanderlin)
NEW BUSINESS
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
1-8QO-828-1120
***********
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Revise Section 2-186.1 of the City Code Regarding the Process
for the Preparation of the City's Operating Budget
MEETING DATE: October 11,2005
. Background: On March 22, 2005, City Council adopted an ordinance that
added section 2-186.1 to the City Code and established a process for the preparation of
the City's operating budget. This process involves preparing a base budget funded in
part by estimated real estate tax revenues limited to no more than the previous year's
amount. However, this code section does not specifically address real estate revenues
resulting from land growth due to rezonings or subdividing property and new
construction ("New Development"). Since New Development often results in the need
for additional city services, such as waste management and emergency response
services, it is appropriate to include any revenues resulting from New Development as a
part of the base budget. Excluding New Development revenues from the base budget
would limit the City's ability to provide basic services, as the same level of services
would be stretched over a larger area.
. Considerations: The attached ordinance seeks to clarify this matter by allowing
revenues from new development to be included in the base operating budget.
. Public Information:
Council agenda process.
Public information will be handled through the normal
.
Recommendations: Adoption of Ordinance
.
Attachments: Ordinance to revise Section 2-186.1 of the City Code
Recommended Action: Approval
~)
Submitting Agency/Department: Management servic~
City Manager~ )¿ ,~~
25
26
1
2
3
4
5
AN ORDINANCE TO REVISE SECTION 2-
186.1 OF THE CITY CODE REGARDING
THE PROCESS FOR THE PREPARATION OF
THE CITY'S OPERATING BUDGET
6
WHEREAS,
March
22,
2005,
City
Council
adopted
on
an
7
ordinance
that
added
Section
2-186.1
the
City
to
Code
and
8
limi ted the amount of real estate tax revenues to be used in
9
establishing a base operating budget;
10
there
is
WHEREAS
need
specifically
to
address
the
a
11
of
real
treatment
estate
resulting
tax
from
revenues
new
12
construction
and
land
growth,
hereby
designated
as
"new
13
development."
14
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15
VIRGINIA BEACH, VIRGINIA:
16
That
Section
2-186.1
of
the
City
Code
be
revised
as
17
follows:
18
Sec. 2-186.1. Preparation of budget.
19
In the preparation of the City's annual budget,
the City
20
Manager shall prepare a "base budget" using, among other sources
21
of revenue,
estimated real estate tax revenues,
which shall be
22
no more than the previous fiscal year's real estate tax levies,
23
plus
real estate revenues resulting from new development.
The
24
base budget shall then be supplemented by adding any statutory
requirements which must be funded.
The City Manager should then
propose
prioritized,
reflect
incremental
optional
items
that
27
prioritized,
incremental
optional
items
that
reflect
propose
28
increased costs of existing services,
higher levels of programs
29
and services,
or new ini tiati ves;
provided,
however,
that each
30
adjustment,
service
level,
initiative
shall
clearly
or
new
31
delineate
addi tional programs
the
services
to be provided,
or
32
the associated cost, recommended funding source and the required
33
increased incremental real estate tax rate, if required, to fund
34
each item.
35
Adopted by the Council of the City of Virginia Beach,
36
Virginia, on this
day of
, 2005.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
jj~~~
Management Services
I ~
'- ..;(} LrvU. C. t .~ Ù/\
Ci ty Attorney's Of ce -
CA9765
H:\PA\GG\OrdRes\Proposed\Budget
R-2
September 29, 2005
Process 2-186.1 ORD
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $144,000 from the Department of
Homeland Security to the FY 2005-06 Operating Budget of the Fire Department to
Purchase a Vehicle and Air Compressors
MEETING DATE: October 11, 2005
. Background: The City of Virginia Beach has been awarded a $144,000 grant
from the Department of Homeland Security/Federal Emergency Management Agency
2005 Assistance to Firefighters Grant Program. This grant was awarded for Fire
Operations and Firefighter Safety and will be used to purchase and install two
replacement and one new breathing quality air compressor systems in fire department
facilities. In addition, a mobile light and breathing air system vehicle will be purchased
to directly support emergency incident scene operations. These systems directly
support operations of the Fire Department, EMS, Police rescue and recovery divers,
Public Utilities, and other city employees who work in confined spaces or require
emergency breathing apparatus. These new systems will enable the Fire Department
to continue to meet federal requirements for air quality used in self-contained breathing
systems for many years to come.
. Considerations: The grant requires a 20% match of $36,000 in non-federal
funding. The matching funds will come from State Fire Programs "Aid to Localities"
funds. These funds were appropriated in the 2005-2006 Operating Budget. The use of
State Fire Programs funds is in alignment with the intent and guidelines of the Aid to
Localities program.
. Public Information:
Council agenda process.
Public Information will be handled through the normal
. Recommendations: Accept and appropriate the $144,000 Assistance to
Firefighters Grant
.
Attachments: Grant Award Letter and Ordinance
Recommended Action: Approve and appropriate funds
Submitting Department/Agency: Fire Department Wð--
City Manager: u'.> l 'Öß~
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$144,000 FROM THE DEPARTMENT OF HOMELAND
SECURITY TO THE FY 2005-06 OPERATING
BUDGET OF THE FIRE DEPARTMENT TO
PURCHASE A VEHICLE AND AIR COMPRESSORS
6
WHEREAS, the Fire Department has identified $36,000 in Fire
7
Programs
Funds
already
2005-2006
appropriated
in
the
FY
8
Operating Budget to serve as a match for this grant.
9
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10
OF VIRGINIA BEACH, VIRGINIA:
11
1)
That $144,000 in additional federal revenue is hereby
from
Security
and
12
accepted
the
of
Homeland
Department
13
appropriated
to
the
Operating Budget
the
Fire
of
FY
2005-06
14
Department to purchase a vehicle and purchase and install air
Management
systems,
with
revenue
15
compressor
estimated
from
the
federal
16
government increased accordingly.
the
Council
Beach,
Ci ty of Virginia
17
Accepted by
of
the
18
Virginia on the
day of
, 2005.
Approved as to Content
Approved as to Legal
Sufficiency
B~Q.
'ckj~j f{ ~ú."
City Attorney's ffièe
CA9762
H:\PA\GG\OrdRes\Fire Act Program Grant ORD
R-2
September 28, 2005
¿ ~u~¿ ¿,~. ¿~..
rage ¿ or ð
u.s. Department of Homeland Security
Office for Domestic Preparedness
Washington, D.C. 20531
Ms. Donna Brehm
Virginia Beach Fire Department
2408 Courthouse Dr.
Virginia Beach, Virginia 23456-9065
Re: Grant No.EMW-2005-FG-12534
Dear Ms. Brehm:
Congratulations, on behalf of Office of State and Local Government Coordination and Preparedness, in
collaboration with the U.S. Fire Administration at the Federal Emergency Management Agency. Your grant
application submitted under the FY 2005 Assistance to Firefighters Grant has been approved. The approved
project costs amount to $180,000.00. The Federal share is $144,000.00 of the approved amount and your share
of the costs is $36,000.00.
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and
understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these
documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when
you request and receive any of the Federal Grant funds awarded to you.
The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-
line to the AFG eGrants system at www.firegrantsupport.com and if you have not done so, complete and
submit your SF 1199A, Direct Deposit Sign-up Form. Please'forward the original, completed SF 1199A. Direct
Deposit Sign-up Form, signed by your organization and the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
Attn: Assistance to Firefighters Grant Program
After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to
request payments online. Remember, you should basically request funds when you have an immediate cash
need (Le. you have a bill in-hand that is due within 30 days). If you have any questions or concerns regarding
the process to request your grant funds, please call 1-877-510-6762.
Sincerely,
d!1&- - -
Matt A.Mayer
Acting Executive Director
Office of State and Local Government
Coordination and Preparedness
https://portal.fema.gov/firegrant/¡sp/fire_admin/ awards/spec/view _award_package. do ?agre... 9/21/2005
1a. AGREEMENT NO.
EMW-2005-FG-12534
6. RECIPIENT NAME AND
ADDRESS
Virginia Beach Fire
Department
2408 Courthouse Dr.
Virginia Beach
VIrginia. 23456-9065
9. NAME OF RECIPIENT
PROJECT OFFICER
Donna Brehm
11. EFFECTIVE DATE OF
THIS ACTION
02-SEP-05
AFG
97.044
FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
2. AMENDMENT 3. RECIPIENT NO.
NO. 54-0722061
0
7. ISSUING OFFICE AND ADDRESS
ODPIFinanclal and Grants Management
Division
500 C Street, S.W., Room 350
Washington DC, 20472
POC: Cynthia peny 202-646-4640
PHONE NO.
757-427-8811
4. TYPE OF
ACTION
AWARD
8. PAYMENT OFFICE AND ADDRESS
ODP/Flnanclal Services Branch
500 C Street. S.W., Room 723
Washington DC. 20472
5. CONTROL NO.
W397597N
10. NAME OF PROJECT COORDINATOR
Tom Harrington
PHONE NO.
1-866-274-0960
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
N/A
18. FEMA SIGNATORY OFFICIAL (Name and Tille)
Arlyce Powell
12. METHOD OF
PAYMENT
SF-270
13. ASSISTANCE ARRANGEMENT
Cost Sharing
14. PERFORMANCE PERIOD
~~om:02-SEP- To:01-SEP-06
PRIOR
TOTAL
AWARD
Budget Period
~~om:01-0CT. To:30-SEP-06
$0.00
AMOUNT
AWARDED THIS
ACTION
+ OR (-)
$144,000.00
$144.000.00
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA
NAME (AACS CODE)
ACRONYM XXXX-XXX-XXXXXX-XXXXX-
XXXX-XXXX-X
2005-62-0501 RE-63000000-
4101-R
CURRENT
TOTAL AWARD
CUMMULATiVE
NON-
FEDERAL
COMMITMENT
$36,000.00
TOTALS $0.00 $144,000.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT
TO FEMA (See Block 7 for address)
$144,000.00
$36,000.00
Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However, recipients should print and
keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference In program legislation cited
above.
.-
DATE
N/A
DATE
26-AUG-05
https:l/portal.fema. gov /firegran~isp/fire _adminlawards/spec/view _award_package. do ?agre... 9/21/2005
¡i"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $40,000 from the Department of
Homeland Security to the FY 2005-06 Operating Budget of the Fire Department for the
Citizen Corps Council
MEETING DATE: October 11, 2005
1M
. Background: The Citizen Corps Council ("CCC") and Community Emergency
Response Team ("CERT") programs were established in the summer of 2002 by
President Bush as part of the Homeland Security initiative. The local CCC is a
committee supporting the CERT project managed by the Fire Department, the Medical
Reserve Corps managed by Public Health, and the Neighborhood Watch program.
These projects all utilize volunteers as their primary workforces.
The CERT utilizes local volunteers to support community emergency preparedness
efforts and provide basic emergency intervention within neighborhoods to augment
municipal service during large-scale manmade or natural disasters. The use of CERT
volunteers during Hurricane Isabel in September of 2003 was widely applauded as an
effective extension of City services. CERT volunteers offer residents immediate access
to decision-making skills and expertise to prepare for and deal with the effects of a
disaster. The ongoing disasters created by Hurricanes Katrina and Rita are visible
examples of events that utilize extensive CERT resources.
I".
. Considerations: This grant is awarded by the Virginia Department of
Emergency Services though funding originates from the Department of Homeland
Security and the Federal Emergency Management Agency. This grant provides funding
to continue the Virginia Beach CCC and CERT programs for a fourth year. Over 250
people have been trained as CERT volunteers. Funding supports recruitment and
advertising activities, training of CERT volunteers, and providing successful CERT
graduates with basic personal protective equipment and supply kits. CERT Team
coordinators plan to recruit 100 new volunteers in the coming year. Funding for CCC
supports local planning efforts covering the broader umbrella for all volunteer-based
homeland security programs. There is no local match required for this program.
. Public Information:
Council agenda process.
Public Information will be handled through the normal
. Recommendations: Accept and appropriate $40,000 for the CCC and CERT
programs.
.
Attachments: Ordinance and Grant Award Documents
Recommended Action: Accept and appropriate $40,000.
Submitting Department/Agency: Fire ~
City Manager: ~ ÌL ,~iJQ'¡,
i"
\11
~
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$40,000 FROM THE DEPARTMENT OF HOMELAND
SECURITY TO THE FY 2005-06 OPERATING
BUDGET OF THE FIRE DEPARTMENT FOR THE
CITIZEN CORPS COUNCIL
6
BE
IT
ORDAINED BY
THE
COUNCIL
7
BEACH, VIRGINIA:
OF THE
CITY
OF VIRGINIA
8
1)
That $40,000 in additional federal revenue is hereby
9
accepted
from
the
Department
10
appropriated to the
FY 2005-06 Operating Budget
the
11
of
Security
and
Homeland
of
Fire
cover
costs
associated with
Corps
Department
to
12
Council.
the
Citizen
13
2)
That estimated revenue from the Federal Government in
14
the FY 2005-06 operating budget is increased by $40,000.
15
Accepted by the
Council
of
the
16
Virginia on the
day of
Approved as to Content
~~~;~
CA9763
H:\PA\GG\OrdRes\Citizens Corp Grant ORD
R-3
September 29, 2005
Ci ty of Virginia
Beach,
, 2005.
Approved as to Legal
Sufficiency
)W ¿f 1t¿q
City Attorney's ffice
.+/t)
¿J.,-
,. . t .
"Î)\.)jV .' ¡
(¡\vLJ.;(f
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordinator
Department of Emergency Management
JANET L. CLEMENTS
Deputy Coordinator
August 16, 2005
10501 Trade Court
Richmond, Virginia 23236.3713
(804) 897-6500
....(JDD) 674-2417
1-"-~"-~""'-'~:-"'-":';--'~-"-"'~;J-'F~' )4 (aMYOO7-6506
'. .",'I.¡,)¡c,',l...èl....Ir\,'\.
:. ¡ h I'D t~'J d. \V'fww.ael~ì'gf3l1cy.com
: .' "...m....' ---..........--.... --'-"-"'1 \ II \ \
\ ; ~ iI
J\UG 1 7 2005 \ L ..! ¡
, ","-"""""" _...J \
f."'~:-:~ ',<?'~:¡',1(: r.r~y ",.o:\¡,i..~\ 1
".:i":.3.~:...;¡\:...,.~';';H ¡
\
I
¡ .. .'---
JAMES W. KECK
Deputy Coordinator
Mr. James K. Spore
City Manager
Virginia Beach City
Municipal Center, Building 1
Virginia Beach, Va. 23456
Dear Mr. Spore:
Weare pleased to notify you that Citizen Corps grant funds have been approved for your
locality in the amount ofS40,000.00 for Citizen Corps Programs. The 2005 Citizen Corps
Program (CCP) award is one part of the 2005 Office of Domestic Preparedness Homeland
Security appropriations.
VDEM will begin processing CCP payments following release of the funds by the federal
government. The Commonwealth expects to receive appropriation approval for CCP funds in
60-90 days.
CCP Awards were based on the strength of the application, risks, population and a
demonstrated commitment to program sustainment and implementation. All grant recipients are
responsible for using program funds in accordance with the grant guidelines and according to the
approved budget.
Please review the guidance you received in your original application package and the US
Department of Homeland Security Fiscal Year 2005 Homeland Security Grant Program, Program
Guidelines and Application Kit.
This money is a federal grant administered by the Commonwealth through the Virginia
Department of Emergency Management and it requires no local match. However, in accordance
with the federal requirements for the Citizen Corps Grants, the following conditions apply to the
project:
. The performance period extends to January 31, 2007. All funds must be committed no
later than January 31, 2007. All funds must be expended no later than March 31,2007.
"Ulro...lri",n fro P...rotn,-t Pnronln P..ronn...ru n",A n"... rroWlWl"",itinr"
Mr. Spore
August 16, 2005
Page 2
. Localities must provide the Commonwealth with a work schedule including milestones
for the approved project within 30 days of receipt of this letter.
. Programmatic and financial reports for the project need to be submitted by:
October 15, 2005; January 15, 2006; April 15,. 2006; July 15, 2006;
October 15, 2006; January 15, 2007; April 15,. 2007. Final closeout reports are due by
April 15,2007.
Once again we congratulate you on your award and thank you for your participation in
this program. We look forward to working with you in developing preparedness programs in your
community.
If you have any questions regarding the administration of this award or it finances, please
contact Leigh Estes, Grants and Accounting Manager, at the Virginia Department of Emergency
Management at (804) 897-6500, ext. 6518 or leigh.estes@vdem.virgînia.gov. If you have
program questions contact Suzanne Simmons, Citizen Corps Program Manager at (804) 897-6518
or suzanne.siInmons@vdem.virginia .gov
Sincerely,
~~¡?1c~
Michael M. Cline
MMC/SS:bdv
C:
Suzanne Simmons
Leigh Estes
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Transfer $2,000,000 from the FY 2005-06 Capital
Improvement Program to the FY 2005-06 Schools Operating Fund
and Schools Cafeteria Fund
MEETING DATE:
October 11, 2005
. Background: Until July 1, 2003, the Virginia Beach City Public Schools
maintained parity with the City in the area of employer health insurance premium
subsidies.
On March 8, 2005, the School Board's proposed budget included an increase in the
health insurance subsidy from $3,852 to $4,430, for all eligible School employees,
effective January 1, 2006. Due to the reduction in the real estate tax rate and
consequential reduction in City/School Revenue Sharing funds, the School Board's
adopted budget for FY 2005-06 reduced the annual health insurance subsidy to $4,100
per eligible employee. The City's FY 2005-06 Operating Budget provides for an annual
health insurance subsidy of $4,585 for each eligible City employee.
On October 4, 2005, the Virginia Beach School Board adopted a resolution to increase
the FY 2005-06 appropriations in the Schools Operating Fund and the School Cafeteria
Fund, and reduce the FY 2005-06 Capital Improvement Program to make funds
available to increase the School's health insurance subsidy to $4,430 for each eligible
employee.
An ordinance to transfer $2,000,000 in FY 2004-05 School reversion funds back to the
FY 2005-06 Capital Improvement Program will come before City Council on October 25,
2005.
. Considerations:
following changes:
The School Board requests City Council approval of the
. Pay-as-you-go revenue to the Capital Improvement Program from the City under
the FY 2005-06 Revenue Sharing Formula will be reduced by $2,000,000. The
appropriation to CIP Project # 1-020, Ocean lakes High School Addition, will be
reduced by $2,000,000.
. Revenue to the FY 2005-06 Schools Operating Fund will be increased by
$1,899,641. Categorical appropriations will be increased as follows to increase
the health insurance subsidy to $4,430, effective January 1 2006:
0 Instruction $1,451,449
0 Administration 57,241
0 Transportation
0 Operations
152,460
238,491
. Revenue to the FY 2005-06 School Cafeteria Fund will be increased by
$100,359. Appropriations will be increased to increase the health insurance
subsidy to $4,430, effective January 1, 2006.
A summary of the proposed actions is included in the following table:
Appropriation School Budget Amendment Transfer
Category Amended June Recommended
7,2005 by City October 4, 2005
Council by School
Board
Appropriations
Instruction $477,897,715 $479,349,164 $1 ,451 ,449
Administration, 20,913,234 20,970,475 57,241
Attendance and
Health
Pupil 26,058,974 26,211,434 152,460
Transportation
Operations and 77,542,313 77,780,804 238,491
Maintenance
Total School $602,412,236 $604,311,877 $1,899,641
Operating
Fund
School $22,754,582 $22,854,941 $100,359
Cafeteria Fund
(114)
CIP # 1-020 $3,727,724 $1,727,724 -$2,000,000
Ocean lakes
High Addition
Total Change $0
in
Appropriations
Revenues
School $602,412,236 $604,311 ,877 $1,899,641
Operating Fund
School $22,754,582 $22,854,941 $100,359
Cafeteria Fund
(114)
Pay-as-you-go $17,597,408 $15,597,408 -$2,000,000
funds to CIP
Total Change $0
in Revenues
. Public Information: The resolution requesting this transfer was approved by the
School Board at its October 4, 2005 public meeting. Information will be disseminated to
the public through the normal Council agenda process involving the advertisement of
City Council agenda.
. Recommendations:
ordinance.
It is recommended that the City Council adopt this
.
Attachments: School Board Resolution dated October 4, 2005
Ordinance
Recommended Action:
Submitting Department/Agency: School Board Resolutions
City Manager: ~ [L . ð-(J6'>2.....
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO TRANSFER $2,000,000
FROM THE FY 2005-06 CAPITAL
IMPROVEMENT PROGRAM TO THE FY 2005-
06 SCHOOLS OPERATING FUND AND
SCHOOLS CAFETERIA FUND TO INCREASE
HEALTH INSURANCE PREMIUM SUBSIDIES
FOR EMPLOYEES
by resolution dated October 4,
2005,
the School Board
WHEREAS,
formally requested the City Council to transfer local revenue from
the FY 2005-06 Capital Improvement Program to the FY 2005-06 School
Operating Fund and the FY 2005-06 School Cafeteria Fund in order to
increase
employer paid health
insurance premium
subsidies
for
the
School employees, effective January 1, 2006.
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1.
That
$2,000,000
is
transferred
to
the
Operating
hereby
Budget from CIP Project # 1-020,
"Ocean Lakes High School Addition"
and CIP revenue from the Operating Budget is reduced accordingly.
2.
That local revenue to the FY 2005-06 School Operating Budget
1S hereby increased by $1,899,641 and categorical appropriations are
increased as set forth below:
( a)
Instruction
is
by
increased
The
category
$1,451,449;
(b)
Administration,
Health
Attendance
and
The
category is increased by $57,241;
(c)
The Pupil Transportation category is increased by
$152,460;
29
( d)
The
Operations
and
Maintenance
category
is
30
increased by $238,491;
31
3.
That appropriations to the FY 2005-06 School Cafeteria Fund
32
are
hereby
increased by
$100,359,
and local
revenue
is
increased
33
accordingly.
34
Adopted by the Council of the City of Virginia Beach, Virginia
35
on the
da y 0 f
, 2005.
APPROVED AS TO CONTENT:
,p.~ Q . ~
Management Servlces .
APPROVED AS TO LEGAL SUFFICIENCY:
, Jamu t ¡{ ~ÚA
City Attorney's ffièe
CA9770
H:\GG\PA\OrdRes\Schools Health Insurance Ord
R-2
September 29, 2005
OCT-ø5-2øø5
1121:43
FROM
~BCPS CLERK OF BORRD
TO
95631857
P. 01/01
+- IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REQUESTING ADJUSTMENT OF FY 05/06 REVENUE SHARINC
FORMULA ALLOCATION
SCHOOL BOARD
Danlal D. Edwards
Chllll'll'l8h
DistriCt 1 . Cente,....lIIe
1513 E!eacI1vlew Drive
VA Beach. VA ~
495.3551 (h) . 717-0259 (ceU)
SlIndra Smllh.Jones
VIC8 Cll.llnnln
DIstrict 2 ~ Kempsville
705 Rock Cree~ Court
vA Beach, VA 2:'1462
490-8167 (h)
Alia Sweet Bellino
AI.LAtge
P,o, Box 64909
VA 8ea<:h, VA 23.0167
418-0980 (h)
JAne S. Brooks
DIStrict 6 - Beach
721 Hlulop Road
VA Beach. VA 23454
42&-1697 (h)
Emma L. "Em" Divis
Dlslr1ct 5 -I.ynnhe'/en
1125 t,1ichaelwood Drive
VA Beach. VA 23452
340.1J!!11 (h)
eClwlrd F. Flaelnaer, Sr.
At-Large
412 Bectol'l Place
VA Beach, VA 234S2
486-4557 (h)
Dan R. Lowe
Diolnct 4 . BaySide
4617 Red Coal Road
VA Besch, VA 234~~
490.3881 (h)
Mlohael W. Ste¥tan
Dlslr1c1 3 - Roee HaD
106 BrenlWood COurt
VA Beach, VA 23452
498.4303 (h) . 445'~637 (w)
ArthLlt1. Till
A¡-Large
1109lAdysmilh Mew5
VA Beach, VA 23455
480-5451 (h)
CII'OI}'I\ D. Weems
AH..arge
1420 Claudia Drive
VA Beach, VA 23455
4ß4.6e74 (h)
Lola S. williams, Ph.D.
District 7 - F'rlnceee ¡\nn~
2S~2 lAB CortaleB Coun
VA Beach, VA 23456
B1B-S101 (cell). 961-3734 (w)
INTERIM
SUPERINTENDENT
Sheila S. "'agulll, Ed.D,
2512 George M_n Drive
VAB8Bch, VA 23456
263-1007
WHEREAS, the Vil'li/'lia Beach City Public Schoo It maintained parity wIth me City in tne area of employer health in~uranee
premium subsidIes such that City employees a/'l<l Sdlool employees received an equal subsidy until July I. 2003; and
WHEREAS, on March S. 2005, the Board proposed FY 05/06 Operating Budget increa~ed the health insurance subsidy from
$3,952 to $4,430 effective January I. 2006; and.
WHEREAS, on May 10. 2005. me City Council adopted FY 05/06 budget increased the health insurance subsidy from $4,169
to $-4,585 effective January I, 2006; and
WHEREAS, on May 10.2005. the City Counc:i also approved a decrease In rht!! rt!!al e5taUt ax rate such that the School
Revenue Sharing funds reduced by $23,040,530: a/'ld
WHEREAS, on May 17. 200S. in order to absorb the $23 million reduction in revenue, the health insurance !iubsidy was
reduced by $330 from $ 4.430 to $4.100; and
WHEREAS, at the time of making the adjustme/'lt, the Board indi¡;;ated a de~ire to request City Council to permit the Board
to ust!! reversion or actUal over budgedunds ~o rewrn die ~ubsidy to $4,430; and
WHEREAS. the FY 04105 Operatin& Budget reversion I!stlmate Is $ 0.4 million; and
WHEREAS, the estima~ed cOSt to increase the School health insurance premium subsidy to $4.430 is approximately $2
million; and
WHEREAS, City Resource Management Policie~ s~te that the budget will be balanced on a current revenue to current.
I!xpandirure basis; and
WHEREAS, the City Fund Balance Policies prohibit the us~ of fund balance to finance ongoing expenditures; and
WHEREAS, the Boar-d ¡, aware that this increase in the subsidy is an on¡oina: operational expenditure and will make
provisions for the effect of the increase in the FY 06107 Operatina: Budget; and
WHEREAS. under- the application of the Revenue Sharing Formula for FY 05/06. $17_6 million of current revenues is
allocated to P¡¡y-As-You-Go CIP and may finance current operations.
NOW, THEREFORE, BE IT RESOLVED:
I. That the School Boar-d req\lests that City Council reduce the $17.6 mjllio/'l of PIIy-As- You-Go CIP from die FY OS/06
Revl!nue Sharing Formula funds by $2 million tiP 1-020 Ocean laket Hign School addition and Increase [hI! operating
fund allocation by $2 million fur the purposes of funding an increase in the health insurance premium subsidy to $"'.430
effective ja",uary I, 2006. and use reversion funds of $2,000,000 from the FY 04/05 School Operating Budget to restOre
the CIP funding for CIP 1-020 Ocean Lakes High School addition as nOted In the Refoludon Regarding f'f0410S
Reven;ion Funds.
2, That the Board requestS Council to reappropr-iate the funds as follows:
. Instruction $ I,.otS 1.449
. Administration S 57.241
. Transportation S 152,<460
. Operations $ 238,491
Food Sel'Yices $ 100,359
). That provided City Council reappropriates funds as die School Board requested, the School Board approves an increase
In the health Insurance premium subsidy to $4,"130 effective January I, 2006; and be It further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the ßoard is
directed to deliver a copy cñ this resolution to the Mayor, each member of City Council, the City Manager, ,a,nd the Clcy
Clerk.
Attest;
Adopted by the School Board of the City of Virginia Beach this 4" day of OCtober 200S.
SEAL ~«:(/~'þ;.'~
Daniel D. Edwards, ChailTTlan
.....,
. "
': ';'
:.'. ".,{..
~"",~- ..J?. /\ '....~IJ. .
---:',-.~
Dianne P. Alexander, Clerk of the Board
'"
- -'" ,.
... .',"
,'.
, '
" """'~' ;:;::";i_:',,/~,,,+<::'" ',:.',.-
'." :"
. .' ~"
':',¡:
, ,. - ," ,)" ",,, . ,/ ,., ,.. ",'..
www.vbschools.com
School AdrninÎStra[lon Building. 2512 Gi!!orgt!! Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038
TOTAL P.01
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
PATRIOTIC FESTIVAL, LLC
MEETING DATE: October 11,2005
. Background: City Council adopted an ordinance in 2004 authorizing the City to
enter into a Memorandum of Understanding ("MOU") with the usa of Hampton Roads, Inc.
("USO") and appropriating six hundred thousand dollars ($600,000) to fund the First Annual
Patriotic Salute and Celebration on Memorial Day weekend 2005. The City again wishes to
express its wholehearted support and sincere appreciation and admiration for our nation's
military for their bravery in protecting America's freedom. In furtherance of this objective,
the City desires to facilitate an event to honor the military by providing festive activities and
musical entertainment over the three-day Memorial Day weekend in 2006, to be known as
the Second Annual Patriotic Salute and Celebration ("Event"). City Council appropriated
funding in the FY 2005-06 Convention and Visitors Bureau budget in the amount of six
hundred thousand dollars ($600,000) to fund the Event and established in the FY 2005-06
Reserve for Contingency funding to address potential public safety, traffic management and
parking issues associated with the Event.
. Considerations: The Patriotic Festival, LLC ("Event Sponsor") is a Virginia limited
liability company with 501 (c)(3) status that was organized to further the charitable purposes
of its sole member, usa. The City and the Event Sponsor have agreed to terms and
conditions describing each party's responsibilities, as set forth in the MOU. Specifically, the
MOU provides that the City will grant $400,000 to Event Sponsor for procuring and
producing entertainment in connection with the Event. The City will also coordinate the
provision of normal base level City services such as police and paramedic services, trash
removal, and the maintenance of public areas. For Event activities held at the oceanfront,
the City will provide logistical support for bus-shuttle operations and satellite parking. The
City will collect and retain revenues from parking and shuttle operations. The Event
Sponsor will organize and provide managerial, operational, and logistical support. The
Event Sponsor will procure, negotiate and book the entertainment, subject to the prior
approval of the City, and raise a minimum of two hundred and thirty-five thousand dollars
($235,000) in private-sector sponsorship solicitations to be used in direct support of the
Event.
. Public Information: Public Information will be provided through the normal process
of advertising the Council's agenda.
.
Recommendation: Adoption of Ordinance.
.
Attachments: Ordinance, Summary of Terms, MOU
Recommended Action: Approval
Submitting Department/Agency: Convention and Visitors Bureau
City Manage~ k-. '&3 ð(1"L
1
2
3
4
5
6
AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE PATRIOTIC
FESTIVAL, LLC
Council
ordinance
in
City
adopted
the
2004
WHEREAS,
an
7
authorizing the City of Virginia Beach ("City")
to enter into a
8
Memorandum
Understanding
( "MOU" )
Hampton
with
the
of
of
USO
9
Roads,
and
appropriating
SlX
hundred
thousand
dollars
Inc.
10
($600,000)
bring
and
First
Patriotic
the
Annual
Salute
to
11
Celebration to fruition on Memorial Day weekend 2005;
12
WHEREAS,
the event raised approximately eight hundred and
13
fifty thousand dollars
($850,000),
which covered nearly seventy
14
percent (70%) of the operating expenses of the event;
15
WHEREAS,
the City again wishes to express its wholehearted
16
support and sincere appreciation and admiration for our nation's
17
military for their bravery in protecting America's freedoms;
18
WHEREAS, in furtherance of that objective, the City desires
19
facilitate
an
military
honor
the
by
providing
to
event
to
20
festive activities and musical entertainment over the three-day
21
Memorial Day weekend in 2006,
to be known as the Second Annual
22
patriotic Salute and Celebration ("Event");
23
City Council appropriated funding in the FY 2005-
WHEREAS,
24
06 Convention and Visitors Bureau budget ln the amount of six
25
hundred
Event
and
thousand
($600,000)
dollars
fund
the
to
26
established in the FY 2005-06 Reserve for Contingency funding to
27
address potential public safety,
traffic management and parking
28
issues associated with the Event;
29
WHEREAS,
the patriotic Festival,
LLC is a Virginia limited
30
liability company with 501
(c) (3)
status that was organized to
31
further
the
charitable
its
USO
of
of
sole
membe r ,
purposes
32
Hampton Roads, Inc.¡ and
33
the
City
Patriotic
LLC
have
Festival,
and
the
WHEREAS,
34
agreed
and
conditions
party's
describing
each
terms
to
35
responsibilities, as set forth in the MOU.
36
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY
NOW,
37
OF VIRGINIA BEACH:
38
That
City
is
to
authorized
hereby
directed
the
and
Manager
39
execute a Memorandum of Understanding between the City and the
40
patriotic Festival,
LLC for the production of the Second Annual
41
patriotic Salute and Celebration.
42
43
Adopted
Council
Beach,
the
City
Virginia
by
of
the
of
44
Virginia on the
, 2005.
day of
45
Approved as to Content
Approved as to Legal Sufficiency:
A~. f. /Lv~
City Attorney's ice
City Manager
CA9756
October 5, 2005
R-6
2
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA
BEACH AND PATRIOTIC FESTIVAL, LLC
SUMMARY OF TERMS
Purpose:
In honor of the military community, the City desires to provide a grant to
facilitate a three-day celebration for the military on Memorial Day weekend
2006, to be known as the Second Annual Patriotic Salute and Celebration
("Event").
Parties:
City of Virginia Beach ("City")
Patriotic Festival, LLC ("Event Sponsor")
Term:
Commencing on date of execution of Memorandum of Understanding ("MOU")
for the Memorial Day weekend 2006 Event
Responsibilities and Rights of the City:
. Provide a $400,000 grant to the Event Sponsor for procuring and producing
entertainment in connection with the Event ("allowable expenses").
. Coordinate the provision of normal base level City services such as police and paramedic
services, trash removal, and the maintenance of public areas.
. For Event activities held at the oceanfront, the City will employ and provide logistical
support for bus-shuttle operations and provide satellite parking and shall collect and
retain revenues from parking and shuttle operations.
. City shall make installment payments totaling four hundred thousand dollars ($400,000)
from the Entertainment Funding Grant for allowable expenses. Payments shall not be
paid to the Event Sponsor, but shall be paid directly to the performing artists, their
designated payees, or such other payees as may be mutually agreed upon by the City and
the Event Sponsor.
. City shall have the right to audit all books and records of Event Sponsor relating to the
MOU.
Responsibilities of Event Sponsor:
. Organize, plan, initiate, promote, conduct or otherwise provide managerial, operational,
and logistical support for the Event including, site preparation; stage construction and
breakdown; providing stage security; setting up and removing lighting and sound
systems; providing generators for electrical power in connection to operating the stage,
sound systems, and lighting systems; and providing marketing and promotional activities.
. Secure all necessary permits required by federal, state or local statutes, ordinances and
regulations, including special event permits.
. Secure liability and event interruption/cancellation insurance.
. Procure, negotiate and book the entertainment, subject to the prior approval of the City.
. Produce, distribute, and collect tickets sold in connection with the Event.
. Event Sponsor shall raise a minimum of two hundred and thirty-five thousand dollars
($235,000) in private-sector sponsorship solicitations to be used in direct support of the
Event ("Private Sponsor Revenue").
. Event Sponsor shall receive a management fee of twenty-five thousand dollars ($25,000),
plus twenty percent (20%) of previous sponsor revenue it collects and twenty percent
(20%) of new sponsor revenue it collects. The management fee shall be paid out of either
.
the Private Sponsor Revenue or, if mutually agreed upon between the parties, out of the
$400,000 grant.
As allowable expenses are incurred, the Event Sponsor shall: (i) submit an invoice to the
Administrative Services Office of CVB fifteen (15) days in advance of each payment due
date; and (ii) provide to the CVB contracts, letters of intent, or other reasonable
documentation acceptable to the CVB, evidencing the allowable expenses.
Event Sponsor shall maintain books and records for the duration of the MOO and for at
least three years following the completion of the MOO.
Event Sponsor will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification/consideration reasonably necessary to the normal
operation of the Event Sponsor.
.
.
Other Entities
. Event Sponsor has entered into a contract with Whisper Entertainment Consultants, Inc.
("Whisper") to book entertainment for the Event. Whisper may receive an entertainment
promotion fee of $50,000, plus fees not to exclude twenty percent (20%) of new sponsor
revenue it collects, and twenty percent (20%) of so much of the previous sponsor revenue
it collects from a sponsor that exceeds the amount contributed by such sponsor for the
First Annual Patriotic Salute and Celebration. The entertainment promotion fee shall be
paid out of either the Private Sponsor Revenue or, if mutually agreed upon between the
parties, out of the $400,000 grant.
. The Hampton Roads Chamber of Commerce may solicit private sector sponsorship to be
used in direct support of the Event. In return, the Chamber may receive fees not to
exceed $10,000, plus twenty percent (20%) of new sponsor revenue it collects, and
twenty percent (20%) of so much of the previous sponsor revenue it collects from a
sponsor that exceeds the amount contributed by such sponsor for the First Annual
Patriotic Salute and Celebration. The Chamber's fees shall be paid out of either the
Private Sponsor Revenue or, if mutually agreed upon between the parties, out of the
$400,000 grant.
2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") made and entered into this - day of
, 2005, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia ("City") and the PATRIOTIC FESTIVAL, LLC, a
Virginia limited liability corporation ("Event Sponsor") (collectively, "parties").
A.
B.
c.
RECITALS
The City expresses its wholehearted support and sincere appreciation and admiration
for our nation's military for their bravery in protecting America's freedoms.
In honor of our military community, the City will provide certain grants and other
support to the Event Sponsor to provide a three-day celebration for the military on
Memorial Day Weekend 2006, to be known as the Second Annual Patriotic Salute
and Celebration ("Event").
The City and Event Sponsor wish to assure the success of the Event by memorializing
their respective responsibilities and obligations.
AGREEMENT
The parties to this MOU, for and in consideration of the mutual efforts to promote and support
the Event, agree as follows:
Section 1 - Term
This MOU shall be in effect from the date stated above. This MOU may be renewed by
the parties for an additional one-year term with the formal approval of City Council.
Section 2 - Event Sponsor Obligations
1.
Management and Logistical Support/Permits/Insurance - The Event Sponsor shall
organize, plan, initiate, promote, conduct or otherwise provide managerial,
operational, and logistical support for the Event including, but not limited to, site
preparation; stage construction and breakdown; providing stage security; setting
up and removing lighting and sound systems; providing generators for electrical
power in connection to operating the stage, sound systems, and lighting systems;
and providing marketing and promotional activities. The Event Sponsor shall
secure all necessary permits required by federal, state or local statutes, ordinances
and regulations now in effect or hereafter adopted, to conduct the Event, including
special event permits. The Event Sponsor shall secure liability and event
interruption/cancellation insurance in amounts and with coverage acceptable to
the City and naming the City as an additional insured, the premiums for which
shall be an expense of the Event.
2.
Book Entertainment - The Event Sponsor shall procure, negotiate and book the
entertainment subject to the following provisions:
a.
Headliner Act/USa Show/Secondary Act - At least one entertainment act
shall be booked for each day of the Event. At a minimum, the Event shall
include: i) a Headliner act; ii) a USO show; and iii) a Secondary act. The
Event Sponsor shall ensure that the Headliner act, the USO show, and the
Secondary act perform on different days of the Event.
The Headliner act shall perform at the Verizon Wireless Virginia Beach
Amphitheater and shall: i) attract a broad and diverse audience; ii) have
had a single and/or album on an industry recognized "top 100 list" within
the last two years; and iii) within the past two years, have a history of
attracting a minimum of ten thousand (10,000) attendees per show and
gross sales of three hundred thousand dollars ($300,000) per show.
The USO show shall be a USO-style variety show with acts similar to
those performing in USO shows for military bases throughout the world.
All such acts shall have national recognition.
A Secondary act with national recognition shall be booked for the Event.
b.
City Approval -The Headliner act, the USO show, and the Secondary act
shall require the prior approval of the City, which approval shall be based
on the overall drawing power, national name and entertainment industry
recognition, programming diversity, musical format, and marketability of
the act or performer.
c.
Programming Diversity - Scheduled programming should appeal to a
wide array of various cultural interests.
3.
Ticket Sales - The Event Sponsor shall be responsible for producing, distributing,
and collecting tickets sold in connection with the Event. The number of free or
complimentary tickets for the Event shall be no more than five thousand (5,000)
for each day of the Event. The five thousand (5,000) free or complimentary
tickets distributed for the Headliner act at the Verizon Wireless Virginia Beach
Amphitheater shall be for lawn seats. Complimentary tickets will only be
distributed to military personnel and their immediate families, as well as sponsors,
media, and designated officials mutually agreed upon by the City and Event
Sponsor.
4.
Solicit Sponsorship - The Event Sponsor shall raise a minimum of two hundred
and thirty-five thousand dollars ($235,000) in private-sector sponsorship
s9licitations to be used in direct support of the Event ("Private Sponsor
Revenue"). The Event Sponsor shall provide supporting documentation to the
2
City of private-sector sponsorships in the amount of one hundred thousand dollars
($100,000) no later than March 1, 2006. Additionally, the Event Sponsor shall
provide supporting documentation to the City of private-sector sponsorships in the
amount of two hundred and thirty-five thousand dollars ($235,000) no later than
May 1,2006.
5.
Management Fee - For purposes of this section, "Previous Sponsor Revenue" is
defined as the dollar amount of sponsorship revenue collected from an individual
or organization that contributed to the First Annual Patriotic Salute and
Celebration ("First Festival"). "New Sponsor Revenue" shall denote: i) the total
dollar amount of sponsorship revenue collected from an individual or organization
that did not contribute to the First Festival; or ii) revenue collected from an
individual or organization that contributed to the First Festival, to the extent that
the dollar amount of the contribution to the Second Annual Patriotic Salute and
Celebration exceeds the dollar amount of that sponsor's contribution to the First
Festival.
a.
The Event Sponsor shall receive a management fee of twenty-five
thousand dollars ($25,000), plus twenty percent (20%) of Previous
Sponsor Revenue it collects and twenty percent (20%) of New Sponsor
Revenue it collects (the "Management Fee"). The Management fee shall
be paid out of the Private Sponsor Revenue or, if mutually agreed upon by
the City and the Event Sponsor, out of the Entertainment Funding Grant.
The Management Fee shall be used by Event Sponsor for payment of
reasonable, ordinary and necessary expenses incurred by the Event
Sponsor in the administration and execution of its obligations set forth in
this MOD, including, but not be limited to, the following expenses:
directly related staff salaries and overtime, additional part time staff
wages, including summer interns, salary for a volunteer coordinator,
mileage and other reasonable travel expenses, and uniforms, lodging,
meals and other miscellaneous expenses for Event Sponsor's on-site staff
during the Event. The Management Fee is exclusive of vendor fees,
entertainment promotion fees, entertainer fees, other military-appreciation
event expenses, including recognition receptions, hospitality gifts, and
lodging and transportation for honorees or guests of the Event, fees for a
media coordination room, a military liaison room, two event coordinator
rooms and sponsor hospitality rooms, which are to be treated as Event
expenses, and any other expenses mutually agreed upon by the City and
the Event Sponsor.
b.
In addition to the Management Fee paid to Event Sponsor:
1. Whisper Entertainment Consultants, Inc. ("Whisper") may receive
an entertainment promotion fee of fifty thousand dollars ($50,000),
plus fees not to exceed twenty percent (20%) of New Sponsor
Revenue it collects, and twenty percent (20%) of so much of the
Previous Sponsor Revenue it collects from a sponsor that exceeds
3
the amount contributed by such sponsor for the First Festival. Any
entertainment promotion fees paid to Whisper shall be paid out of
the Private Sponsor Revenue or, if mutually agreed upon by the
City and the Event Sponsor, out of the Entertainment Funding
Grant.
2.
The Hampton Roads Chamber of Commerce ("Chamber") may
receive fees not to exceed ten thousand dollars ($10,000), plus
twenty percent (20%) of New Sponsor Revenue it collects, and
twenty percent (20%) of so much of the Previous Sponsor Revenue
it collects from a sponsor that exceeds the amount contributed by
such sponsor for the First Festival. Any fees paid to the Chamber
shall be paid out of the Private Sponsor Revenue or, if mutually
agreed upon by the City and the Event Sponsor, out of the
Entertainment Funding Grant.
6.
Repayment of Grant and Other Services Provided - If the Event produces a net
operating income surplus (i.e., funds after payment of Event expenses and
Management Fee), such proceeds shall then be applied to repay the City for the
Entertainment Funding Grant. If any funds remain thereafter, they shall be paid
to the City to be designated first to recover any losses incurred from the satellite
parking operations and costs associated with the provision of City services above
the base service level as set forth in Section 3 and secondly, as a reserve to be
used as source of funding for any subsequent Annual Patriotic Salute and
Celebration on Memorial Day Weekend. If the Event incurs a net operating loss,
the Event Sponsor shall have no obligation to pay the loss or reimburse the City
for the Entertainment Funding Grant except as provided in the terms set forth in
Section 10 below.
7.
Security Measures in Lieu of Performance Bond - Based upon the representation
to the City from the Event Sponsor that Event Sponsor is unable to obtain a
performance bond in the amount of four hundred thousand dollars ($400,000), the
parties hereby covenant and agree to accept the following as substitution for the
performance bond:
a.
Pursuant to the procedures set forth in Section 4, the City shall make
installment payments totaling four hundred thousand dollars ($400,000)
for expenses associated with procuring and producing entertainment in
connection with the Event ("Allowable Expenses"), not to the Event
Sponsor, but directly to the performing artists, their designated payees, or
such other payees as may be mutually agreed upon by the City and the
Event Sponsor.
b.
All ticket sale revenues due to the City, Event Sponsor, or Whisper from
Ticketmaster relating to the Event shall flow directly or be paid directly
from Ticketmaster into a second bank account of the Event Sponsor,
4
separate and apart from the operating bank account of the Event Sponsor
("Ticket Sales Event Account"). Event Sponsor represents and warrants
that the Ticket Sales Event Account will be opened and formatted to
require that no funds can be withdrawn, removed, transferred, or drafted
without prior receipt by the Bank of express written signature
authorization from the City or its authorized representative. Event
Sponsor further represents and warrants that it will not have electronic
access to the Ticket Sales Event Account. All transactions involving the
Ticket Sales Event Account shall be consistent with the MOD.
c.
The parties recognize that in the ordinary course of business, the
Ticketmaster ticket sales revenues for the Event are subject to
chargebacks. The parties agree that such chargebacks will be paid as an
expense of the Event from the Ticket Sales Event Account; provided,
however, that only those chargebacks that are consistent in all respects
with Ticketmaster's contracts with Whisper and/or Clear Channel
Communications, Inc. ("Clear Channel") and do not result from or arise
out of the fault, negligence, or wrongful act or omission of Whisper or
Clear Channel shall be payable as an expense of the Event.
d.
The Event Sponsor designates John Gentile and Karen Licari as its
authorized representative for purposes of bank draft signing authority and
all other purposes necessitated by this MOD. The City designates James
B. Ricketts and Mike Eason as its authorized representative for purpose of
bank draft signing authority and all other purposes necessitated by this
MOD.
Section 3 - City Obligations
1.
2.
Entertainment Funding Grant - The City will provide a four hundred thousand
dollar ($400,000) grant to the Event Sponsor for procuring and producing
entertainment in connection with the Event ("Entertainment Funding Grant").
City Service Coordination - At the City's cost, the City shall coordinate the
provision of normal base level City services such as police and paramedic
services, trash removal, and the maintenance of public areas, or other equipment,
which the City currently owns or maintains, for the Event. For Event activities
held at the oceanfront, the City will employ and provide logistical support for all
bus-shuttle operations and provide satellite parking and shall collect and retain all
revenues from parking and shuttle operations.
Section 4 - Payment Schedule
1.
The City shall make installment payments totaling four hundred thousand dollars
($400,000) from the Entertainment Funding Grant for Allowable Expenses.
5,
2.
Since Event Sponsor is unable to secure a performance bond, the City shall make
payments of Allowable Expenses not to the Event Sponsor, but directly to the
performing artists, their designated payees, or such other payees as may be
mutually agreed upon by the City and the Event Sponsor, pursuant to the
procedure set forth below:
i)
As Allowable Expenses are incurred and become due, the Event Sponsor
shall: (i) submit an invoice to the Administrative Services Office of the
Convention and Visitors Bureau ("CVB") fifteen (15) days in advance of
each payment due date; and (ii) provide to the CVB contracts, letters of
intent, or other reasonable documentation, acceptable to the CVB,
evidencing the Allowable Expenses ("supporting documentation").
ii)
Dpon receipt of invoices and supporting documentation, the City shall
determine whether the invoice is for an Allowable Expenses. The City
shall pay invoices for Allowable Expenses directly to the performing
artists, their designated payees, or such other payees as may be mutually
agreed upon by the City and the Event Sponsor, up to a total of four
hundred thousand dollars ($400,000).
3.
The City may delay payment of any invoice until the City is reasonably satisfied
that the Event Sponsor is meeting the obligations under this MOD. The Event
Sponsor shall automatically be deemed to have met its obligation to raise money
from private-sector sponsorships if it raises one hundred thousand dollars
($100,000) by March 1, 2006 and a total of two hundred and thirty-five thousand
dollars ($235,000) by May 1, 2006. Should the City, in its sole but reasonable
discretion, determine that the Event Sponsor is not meeting its obligations under
this MOD, the City may declare the Event Sponsor to be in default and terminate
this MOD within thirty (30) days after written notice to Event Sponsor.
Section 5 - Recordkeeping/Audit Requirement
The City shall have the right to audit all books and records (in whatever form they may
be kept, whether written, electronic, or other) relating or pertaining to this MOD (including any
and all documents and other materials, in whatever form they may be kept, which support or
underlie those books and records), kept by or under the control of the Event Sponsor, including,
but not limited to those kept by the Event Sponsor, its employees, assigns, successors and
subcontractors. The Event Sponsor shall maintain such books and records, together with such
supporting or underlying documents and materials, for the duration of this MOD and for at least
three years following the completion of this MOD, including any and all renewals thereof. The
books and records, together with the supporting or underlying documents and materials, shall be
made available, upon request, to the City through its employees, agents, representatives,
contractors or other designees, during normal business hours at the Event Sponsor's office or
place of business in Virginia Beach, Virginia. In the event that no such location is available,
then the books and records, together with the supporting or underlying documents and records,
shall be made available for audit at a time and location in Virginia Beach, Virginia, which is
6
convenient for the City. This paragraph shall not be construed to limit, revoke, or abridge any
other rights, powers or obligations relating to audit which the City may have by State, City or
Federal statute, ordinance, regulation or agreement, whether those rights, powers, or obligations
are express or implied.
Section 6 - Non-Assignment
The Event Sponsor may not assign its rights and obligations under this MOD without the
prior written consent of the City, which shall not be unreasonably withheld.
Section 7 - Applicable lawNenue
1.
Applicable Law - This MOD shall be deemed to be a Virginia contract and shall
be governed as to all matters whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the Commonwealth of
Virginia, and all questions arising with respect thereto shall be determined in
accordance with such laws. Regardless of where actually delivered and accepted,
this MOD shall be deemed to have been delivered and accepted by the parties in
the Commonwealth of Virginia.
2.
Venue - Any and all suits for any claims or for any and every breach or dispute
arising out of this MOD shall be maintained in the appropriate court of competent
jurisdiction in the City of Virginia Beach.
Section 8 - Nondiscrimination/Drug-Free Workplace
Employment discrimination by the Event Sponsor shall be prohibited.
performance of this MOD, the Event Sponsor agrees as follows:
During the
1.
The Event Sponsor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational
qualification/consideration reasonably necessary to the normal operation of the
Event Sponsor. The Event Sponsor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of the nondiscrimination clause.
2.
The Event Sponsor in all solicitations or advertisements for employees placed by
or on behalf of the Event Sponsor will state the Event Sponsor is an equal
opportunity employer
3.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulations shall be deemed sufficient for the purpose of meeting the
requirements of this paragraph.
7
4.
During the performance of this MOD, the Event Sponsor agrees to provide a
drug-free workplace for the Event Sponsor's employees.
Section 9 - Notice
Any notice or notices required or permitted to be given pursuant to this MOD shall be
given by certified mail, postage prepaid, return receipt requested as follows:
To the City:
City of Virginia Beach
Attn: James B. Ricketts, Director
Convention and Visitors Bureau
2101 Parks Avenue, Suite 500
Virginia Beach, Virginia 23451
To the Event Sponsor:
Patriotic Festival, LLC
Attn: John Gentile, President
P. O. Box 7250
Hampton, Virginia 23666
Section 10 - Termination/Cancellation
If the Event Sponsor cancels the Event without cause, defaults in providing the City with
supporting documentation for installment payments of the Entertainment Funding Grant, or fails
to comply with any provision of this MOD, the City shall have the right to terminate this MOU
In the event of such termination, this Event Sponsor shall cease all activities associated with the
Event and shall reimburse the City for all installments of the Entertainment Funding Grant paid
by the City. This provision shall not apply to acts of nature or any other events beyond the Event
Sponsor's control, such as unforeseen acts deemed force majeure.
Section 11 -Independent Contractors
In performance of this MOD, both the City and the Event Sponsor will be acting in an
individual capacity and not as agents, employees, partners or joint venturers or associates of one
another. The agents or employees or the one shall not be construed to be agents or employees of
the other. The City shall have no liability with respect to any financial obligations incurred by
the Event Sponsor.
Section 12 - Non-Appropriation
It is understood and agreed between the parties hereto that the City shall be bound and
obligated hereunder only to the extent that the funds shall have been appropriated and budgeted
for the purpose of this MOD. This MOD shall be null and void and of no effect in the event
funds are not appropriated and budgeted for payments due under this MOD.
Section 13 - Entire Agreement
8
The parties agree that this writing constitutes the entire agreement of the parties and that
there may be no modification of this MOU, except in writing, executed by the authorized
representatives of the City and the Event Sponsor.
As evidence of their agreement to the terms and conditions set forth herein, the parties
affix their authorized signatures hereto:
PATRIOTIC FESTIVAL, LLC
CITY OF VIRGINIA BEACH
By: USO Of Hampton Roads, Inc.
Its sole member,
By:
City Manager/Authorized Designee
By:
John A. Gentile, President
Approved as to Content:
Approved as to Legal Sufficiency:
Convention and Visitors Bureau
~(K~
City Attorney's Office
9
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
AN ORDINANCE APPROVING AN ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING RELATING TO
SUPPORT FOR THE PHYSICAL IMPROVEMENTS TO THE
SOUTHEASTERN PARKWAY AND GREENBELT, AND
AUTHORIZING THE EXECUTION OF THE ADDENDUM
MEETING DATE:
.
.
October 11, 2005
Background: On September 25, 2001, the City Council directed the City Manager to
execute a Memorandum of Understanding with the City of Chesapeake specifying certain
conditions regarding future financing and construction of the Southeastern Parkway and
Greenbelt. The conditions included in the Memorandum of Understanding specifically
focus on the relationship between the Southeastern Parkway and Greenbelt, Dominion
Boulevard (US Route 17), and the Oak Grove Connector. For planning purposes, these
projects have been linked as a single, high priority project in the Region's Long Range
Transportation Plan.
Recently, as a consequence of ongoing deliberations between the project partners (City of
Chesapeake, City of Virginia Beach, Virginia Department of Transportation, and the
Federal Highway Administration), the Virginia Department of Transportation asked the
localities to commit to three new conditions related to the financing of this combined
project.
Considerations: The Virginia Department of Transportation, in collaboration with the
Cities of Virginia Beach and Chesapeake, has completed a Draft Environmental Impact
Statement for the Southeastern Parkway and Greenbelt. Public hearings have been held
in both Cities and steps are underway to complete a Final Environmental Impact
Statement for the project. At this time, VDOT is requesting that the Cities take steps
towards identifying a system of tolling and/or other financing mechanisms to complete
the Parkway. In an attempt to move this proposal forward, the two Cities plan to initiate
a financing study for the Parkway, including Dominion Boulevard between George
Washington Highway and 1-64. The financing study, which will look at a variety of
funding strategies for these projects, is expected to take approximately six (6) months to
complete.
In light of the upcoming financing study, VDOT has asked both Cities to commit to the
following conditions in writing: 1) A system of tolling or other financial mechanisms that
achieves the recovery of funding necessary to construct the physical improvements
associated with Dominion Boulevard (Route 17 South) and the Southeastern Parkway
and Greenbelt (including the Expanded Oak Grove Connector) from traffic utilizing the
new, improved, or expanded roadways; and 2) A single and exclusive revenue and
1
financing study encompassing the limits of both Dominion Boulevard and the Southeast
Parkway and Greenbelt, treating the projects as a single project for the purpose of
financing; and 3) The amendment adopted and approved in the minutes of the August 20,
2003 MPO meeting stating that "if SP&G does not go forward, the $520 million in
NHS/RSTP funds, including the $100 million for the Dominion Boulevard Bridge, will
go back into regional "MPO" pot for re-allocation."
.
Public Information: Public hearings on the Southeastern Parkway and Greenbelt were
held on July 11 and July 13, 2005.
.
Alternatives: According to the Virginia Department of Transportation, unless both
Cities commit to the three conditions included above, work on the Southeastern Parkway
and Greenbelt will be suspended indefinitely.
.
Recommendations: Staff recommends that City Council authorize the City Manager to
execute the addendum to the Memorandum of Understanding to include the three
conditions stated above.
.
Attachments:
1)
2)
3)
4)
Ordinance
Addendum to Memorandum of Understanding
Correspondence from Phillip Shucet, Commission, Virginia
Department of Transportation
Correspondence from Clarence Cuffee, Chesapeake City
Manager
Correspondence from Dalton Edge, Chesapeake Mayor
5)
Recommended Action: Adoption of Ordinance
Submitting Department! Agency: City Manager's Office
City Manage~ ìL \ ~ Wi
2
1
2
3
4
5
6
7
8
9
10
WHEREAS,
11
critical
importance
to
the
cities
and
AN ORDINANCE APPROVING AN ADDENDUM
TO THE MEMORANDUM OF UNDERSTANDING
RELATING TO SUPPORT FOR THE
PHYSICAL IMPROVEMENTS TO THE
SOUTHEASTERN PARKWAY AND
GREENBELT, AND AUTHOR I ZING THE
EXECUTION OF THE ADDENDUM
the
Parkway
Greenbelt
is
of
Southeastern
and
Virginia
Beach
of
12
Chesapeake, as well as to the entire Hampton Roads region; and
13
WHEREAS,
the Draft Environmental
Impact Statement
for the
14
Southeastern Parkway and Greenbelt has been prepared, and public
15
hearings were held on July 11 and July 13; and
16
WHEREAS,
there
has
considerable
investment
of
been
a
17
taxpayer money in the project since the late 1980s; and
18
WHEREAS,
in a letter to the Mayors of Virginia Beach and
19
Chesapeake dated May 23,
2005,
the Commonwealth Transportation
20
Commissioner
(the "Commissioner")
expressed the view that it is
21
critical that both cities reaffirm their commitment to both the
22
Southeastern
Parkway
Greenbelt
Project
Dominion
and
the
and
23
Boulevard Project in clear and straightforward terms; and
24
WHEREAS,
25
commitment
26
Commissioner;
27
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY
28
the
City
Council
to
desires
reaffirm
its
to
both
projects
in
terms
the
suggested
by
the
OF VIRGINIA BEACH, VIRGINIA:
48
49
50
29
1.
30
the
That
the
City Council
its
commitment
to
hereby expresses
following financing mechanisms
for the construction of the
1.
2.
3.
and Dominion Boulevard"
31
Southeastern Parkway and Greenbelt
as
32
detailed in the attached Addendum:
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
A system of tolling or other financing mechanisms that
achieves
funding
necessary
to
the
of
recovery
construct
the
physical
associated
with
improvements
Dominion Boulevard
(Route 17 South)
and the Southeast
Parkway and Greenbelt from traffic utilizing the new,
improved,
(clarifying that tolls
or expanded roadways
associated with
the
Oak
Connector would
apply
Grove
only to traffic accessing the Oak Grove Connector to
or from the Southeast Parkway and Greenbelt); and
A
single
exclusive
revenue
financing
and
and
study
encompassing the limits of both Dominion Boulevard and
the
treating
the
Southeast
Parkway
Greenbelt,
and
projects
single
project
for
the
purpose
of
as
a
financing; and
The amendment adopted and approved in the minutes of
the August 20,
2003 MPO meeting stating that "if SP&G
does
$520
NHS/RSTP
million
in
forward,
the
not
go
funds,
including
the
Dominion
$100
the
million
for
2
51
52
53 2.
Boulevard Bridge, will go back into regional "MPO" pot
for re-allocation."; and
The
City
Manager
is
hereby
authorized
to
execute
the
54
Addendum and to do all things necessary for its implementation.
55
A copy of the Addendum, underlining the aforereferenced changes,
56
is attached hereto.
57
Adopted by the Council of the City of Virginia Beach,
58
Virginia, on the
day of
, 2005.
CA-9772
H://PA/GG/ordres/sepgmou
R-1
October 6, 2005
APPROVED AS TO LEGAL SUFFICIENCY:
z~~
City Attorney' Office
3
ADDENDUM TO MEMORANDUM OF UNDERSTANDING PREVIOUSLY APPROVED
BY THE COUNCIL OF THE CITY OF CHESAPEAKE ON OCTOBER 9,2001, AND THE
COUNCIL OF THE CITY OF VIRGINIA BEACH ON SEPTEMBER 25,2001, RELATING
TO SUPPORT FOR THE IDENTIFIED TRANSPORTATION NETWORK, INCLUDING THE
SOUTHEASTERN PARKWAY AND GREENBELT, ROUTE 104/17 CORRIDOR,
IMPROVEMENTS TO THE STEEL BRIDGE AND THE OAK GROVE CONNECTOR.
As authorized by motion adopted by the Chesapeake City Council on May 24, 2005, and
by
adopted by the Council of the City of Virginia Beach on
,2005, the referenced Memorandum of Understanding is hereby amended in
Section 1.B.3. as follows:
3.
Oak Grove Connector:
(c)
(d)
In constructing the Oak Grove Connector (OGC), the City of Chesapeake
committed $40 million in local revenue and state allocations to the City to
fund this project. In recognition of its financial investment, safety
considerations and the need to preserve its capacity as a critical link for
both the Chesapeake Expressway and the SP&G, the Cities agree:
a)
Additional Lanes: The SP&G will fund the construction of two
additional outside lanes along the OGc. These two outside lanes
will continue through the Battlefield Boulevard interchange to the
interchange with the SP&G.
b)
1-64/464 Interchange: Additional lane capacity, lane continuity,
and lane configuration with the interchange ofI-64/I-464 will be
provided, to be funded under the ongoing 164 project improve-
ments. All costs for such improvements including but not
limited to design, right-of-way, construction and mitigation will
be funded by the 1-64 project. If the 1-64 projects do not provide
for the necessary improvements, then they will be provided for
concurrently with the SP&G Oak Grove Connector improvements
and funded by the SP&G project.
Noise Barriers: Should noise analysis warrant, noise barriers will
will be provided along the OGC.
Timing of Construction: All items referenced in Section 3( a-c)
above will be constructed simultaneously with the construction
of the SP&G to ensure that the OGC can accommodate the traffic
resulting from the SP &G.
(e)
The parties commit to the following:
(ii)
(iii)
(i)
A system of tolling or other financing mechanisms that
achieves the recovery of funding necessary to construct
the physical improvements associated with Dominion
Boulevard (Rt. 17 South) and SP&G from traffic utilizing
the new, improved, or expanded roadways (Clarifying that
tolls associated with the Oak Grove Connector would apply
only to traffic accessing the Oak Grove Connector to or
from the SP&G); and
A single and exclusive revenue and financing study
encompassing the limits of both Dominion Boulevard and
and the SP&G treating the projects as a single project for
the purpose of financing; and
The amendment adopted and approved in the minutes of
August 20,2003, MPO meeting stating that, "if SP&G
does not go forward, the $520 million in NHS/RSTP
funds, including the $100 million for the Dominion
Boulevard Bridge will go back into the regional "MPO"
pot for re-allocation."
4.
Right-of- Way and Easement Acquisition:
Right-of- Way and easement acquisition will be at no cost to Chesapeake
unless specifically agreed to by Chesapeake. The City of Chesapeake is to
be reimbursed for its costs for advanced corridor preservation expenses.
Chesapeake will provide timely notice to VDOT of potential development
projects which impact eh SP&G. Chesapeake City Council shall, to the
extend permitted by law, give consideration to the impact that a particular
land use application may have on the construction of the SP&G.
WITNESS THE FOLLOWING SIGNATURES:
CITY OF CHESAPEAKE, VIRGINIA
By ~;~~~-
ATTEST:
/"
t,
fJt.' . i ß{Ú('1.;:y¿c't.j>-'
) {
, ,
2
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
ATTEST:
City Clerk
AP¡J1f~
Chesapeake City ttomey
Approved as to form:
7<~
Virginia Beach City km~
3
~, ~'~~~~'" ,-,"c.c.
',"-1...1...1<'...1
i;
1,' ¿
,,/
Ðf\ ( ("
l..(ð (ç--:~b7
ad-a
, t,. I..( 9'& ."'6
. I ~ ~TW ~ ~.
CO MM 0 NWEALTH of VIRGINIA ~~. !?;2~ J~I
DEPARTMENT OF TRANSPORTAllON CITY ATTORN~Y ¡
1401 EAsT BROAD STReiT CITY OF VIRGINIil.êf.AQlL_.."J
RICHMOND. VIRGINIA 23219-2000
~~y~23-2Ø05 09=45
-==-
"
IJDOT
97862940
P.02/03
PHJUP A. SHUCET
COMMISSIONER
May 23. 2005
The Honorable Meyera E. Obemdorf
2401 Courthouse Drive
City Hall, Building #1
Municipal Center
Virginia Beach, Virginia 23456
The Honorable Dalton S. Edge
306 Cedar Road
P.O. Box 15225
Chesapeake, Virginia 23328
Dear Mayors Obemdorf and Edge:
Thank you for taking time to meet on Friday, May 20 for a serious discussion about two
important projects for Hampton Roads; Dominion Boulevard and the Southeast Parkway and
Greenbelt. Our meeting was especially timely given the work that the HRPDC is doing this
week with respect to the update of the fiscally constrained long range plan.
We will present the Draft Environmental Impact Statement for the Southeast Parkway and
Greenbelt to the Federal Highway Administration for approval in the next few days. Th~
dependíng on your action regarding this letter~ we wilI hold public hearings in July. Because of
the considerable investment of taxpayer money in the Southeast Parkway and Greenbelt since the
late 1980s, and because previous agreements between the two cities have unraveled for whatever
reason at the last minute. it is critical that both cities reaffirm their commitment to both projects
. in clear and straightforward tenns. In that regard. I have captured the thoughts we placed on the
table during our meeting, and I have considered the wording discussed with your respective
staffs after the meeting.
~'~.'.."'I".'<""'.¡'"~-""""",,, '..'.""""'~." '... ., "."'~.~'""".""'."'~'~
."",,!';"'T ~~:~§'..f~"'1~:""';;}~¡".:;,;,1.:"'.e.'.. ':¡,,;,w"'.'.."'."t'."'.'.."".^...'"I""':::".t}i""'.c.':u"'-".""'.1""
',',,<,,'~1.:t'es 'e~L:l.:WL '~.eaW:1",o1.:'::tfOu.'J.V:'COtnnJj,:m.,wntui:o,. ,U.i. e......o:ú.owmg:.:.;:.
':'::;:":..,~..~,," -' . """"""""""""¿,"""",;:~~""""o:c..:~..:.."""""""",~..",,,.__::.c>'---"""""'¡--"'""'""---~ ~-:. -'
Regarding the construction of Doroinion Boulevard and the Southeast Parkway and
Greenbelt, We are committed to:
1. A system of tolHng or other financing mechanisms that achieves the recovery of funding
necessary to construct the physical improvements associated with Dominion Boulevard
(Route 17 South) and the Southeast Parkway and Greenbelt (includin.g the expanded Oak
Grove Connector) fÌ'om traffic utilizing the new) improved, or expanded roadways; and
VirginiaDOT.org
WE KEEP VIR(".,INIA Mn\JI"If""-
~~CT m
n-2øøs 09: 46
VDOT
97852940
P.03/03
Mayors Obemdorf and Edge
May 23, 2005
Page 2
2. A single and exclusive toll revenue and financing study encompassing the limits of both
Dominion Boulevard and the Southeast Parkway and Greenbelt, treating the projects as a
single project for the purpose of fmancing; and
3. The amendment adopted and approved in the minutes of the August 20,2003 MFa
meeting stating th~ I~If SP&G does not go forward, the $520 million in NHSIRSTP
funds, including the $100 million for the Dominion Boulevard Bridge, will go back into
the regional (MPO) pot for reallocation.»
Let me be clear. My hope is to see both of these important projects move forward. However, let
me be equally clear about the alternative. If you cannot support the terms listed above, simply
say so and we will call a halt to both projects. Absent an unequivocal agreement regarding the
three items listed above, We will not schedule public hearings for the Southeast Parkway and
Greenbelt, and I will recommend to the CTB that all unexpended funds cUlTentIy allocated to the
Dominion Boulevard project be withdrawn in the FYO6-FYII Six-Year Improvement Program.
Further, if the Southeast Parkway and Greenbelt does not go forward for any reason, we will not
support or encourage any efforts whatsoever for the separate advancement or funding of the
Dominion Boulevard project.
The angst surrounding these projects has gone on for too long. We are in a position to change
that.
i7'
~ .~
Philip A. Shucet
TOTAL P.03
c~~~~
I
"
j ... '"
. \1'\\iJ
IJ \ \ \
S. \
City of Chesapeake
Û"'~ð ~ ~
ßo
~
.¿... ~ f' . ~
fern- bJlif ~I.I/'-J frJ~t>,?
~~~.
Office of the City Manager
Post Office Box 15225
Chesapeake, Virginia 23328-5225
Office: (757) 382-6166
Fax: (757) 382-6507
TOO: (757) 382-8214
June 1,2005
, ,
Mr. James K. Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive, Room 234
Virginia Beach, Y.'rginia 23456
I" ;¡ ""005
¡J U Ii - J ¿ ,
Pursuant to City Council's action of May 24,2005, I am enclosing for your consideration
two originals of an addendum to the Memorandum of Understanding executed by the
Cities of Chesapeake and Virginia Beach regarding the Dominion Boulevard
Southeastern Parkway projects. I have enclosed for your convenience a copy of Mayor
Edge's letter of May 27, 2005 that includes City Council's motion. I would very much
appreciate it if you would execute and return one original to me.
'--
Jim, I look forward to continuing to work together on these important projects. We are
anxious to initiate the joint funding and financing study and I have appointed Mary Ann
Saunders and Earl Sorey as Chesapeake's points of contact for the effort.
Sincerely,
/, -., ,,/ /.":;'t'~'~.'/
L_, ~' ~ ",-
-.. ',' -,,1- ¡"',-----,.
Dr. Clarence V.- _.l1ffue
City Manager
CYC:MAS:pme
Enclosures
c: Philip Shucet
Ronald Hallman
Amar Dwarkanth
Mary Ann Saunders
Earl Sorey
"The City of Chesapeake adheres to the principles of equal employment opportunity.
This policy extends to all programs and services supported by the City."
CITY OF CHESAPEAKE
OFFICE OF THE MAYOR
306 CEDAR ROAD
CHESAPEAKE, VA 23322
May 27, 2005
PHONE \-757-382-6462
FAX 1-757-382-6678
PHONE MAIL 1-757-382-6974
Mr. Philip A. Shucet, Commissioner
V irginia Department of TranspOJ1ation
1401 East Broad Street
Richmond, Virginia 23219-2000
Dear Commissioner Shucet,
I am writing pursuant to our meeting on May 201\ your letter of May 23rd and
subsequent conversations with City staff regarding Dominion Boulevard and the
Southeastern Parkway and Greenbelt (SP&G) projects. City Council, during its
meeting of May 24, 2005, authorized me by motion to reaffnl11 the City of
Chesapeake's commitment as a regional partner with the City of Virginia Beach
and the Virginia Department of Transportation as it relates to these projects.
Regarding the construction, f1Jnding and financing of both projects we are
committed to:
1. A system of tolhng or other financing mechanisms that achieves the recovery
of funding necessary to construct the physical improvements associated with
Dominion Boulevard (Rt. 17 South) and SP&G from traffic utilizing the new,
improved, or expanded roadways (clarifying that tolls associated with the Oak
Grove Connector would apply only to traffic accessing the Oak Grove
Connector to or from the SP&G); and
2. A single and exclusive revenue and financing study encompassing the limits of
both Dominion Boulevard and the SP&G treating the projects as a single
project for the purpose of financing; and
3. The amendment adopted and approved in the minutes of the August 20, 2003,
MPO meeting stating that "if SP&G does not go forward, the $520 milhon in
NHS/RSTP tùnds. including the $ 1 00 mi]]ion for the Dominion Boulevard
Bridge \vi]] go back into the regional "MPO" pot for re-aIJocation;" and
Commissioner Philip A. Shucet
May 27, 2005
Page 2
4. The City Attorney shall prepare and provide for the execution of an
amendment to the Memorandum of Understanding (MOO) by and between the
Cities of Chesapeake and Virginia Beach to reflect these tenDs.
During the meeting with City Staff on May 25th, it was agreed that the limits of the
Dominion Boulevard Project would entail, as per .the minutes of the August 20,
2003, MPO meeting, "Logical extension of SP&G is through the Oak Grove
Connector and its interchange with 1-64/464 west along the fonDer Route 104 to
the new Route 1 7."
Additionally, the language identified in the referenced minutes, as well as your
May 23, 2005 letter, state that if the SP&G does not go forward for any reason,
Virginia Department of Transportation (VDOT) wm not support the separate
advancement or funding of the Dominion Boulevard project. Similarly, it was
agreed that the intent of this statement is to ensure that the respec,ive City
Councils are committed to both projects. It is understood that should either project
not go forward as the result of pennitting or other factors beyond the control of the
Cities, the remaining project will continue to be supported by VDOT and will be
advanced as a stand-alone transportation improvement. .
This most recent action reinforces City Council's resolution of October 9, 2001
which clearly delineated its support of the Southeastern Parkway project
advancing through the National Environmental Policy Act pennitting process.
Both Cities executed a Memorandum of Understanding to establish a written basis
of understanding as a framework for deliberations. Since then we have been
meeting. with the leaders of the City of Virginia Beach regularly to address issues
as they arise and have resolved such matters amicably. Prior to taking office as
Mayor, I met with Mayor Oberndorfand assured her of my support. I fully intend
to continue to work closely with you and our neighboring cities for the bettennent
of our localities.
As you are we]] aware, \\le have a history of\\lorking effectively with VDOT in the
past in solving some of the region's longstanding highway deficiencies, including
US RT 17 South and RT ] 68/Chesapeake Expressway. Recognizing that tolls wm
not cover the total infrastructure costs of these projects, we look forward to
working with VDOT and Virginia Beach on a funding/financing study for both
projects under your leadership and guidance.
Commissioner Philip A. Shucet
May 27, 2005
Page 3
Should you have any questions regarding this matter or any other, please feel free
to caB me directly.
DSE:MAS:pme
c:
The Honorable Members of City Council
The Honorable Meyera E. Oberndorf, Mayor, City of Virginia Beach
The Honorable Helen E. Dragas, Commonwealth Transportation Board
The Honorable HalT)' T. Lester, Commonwealth Transportation Board
Dr. Clarence V. Cuffee, City Manager
I¡
fI'.~.l......IA... .:~\~
~!. .-. !~i
\' "'-'- ViI
~~J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Acquisition of Real Property Located in Centerville District, Virginia Beach,
Virginia for Expansion of City Landfill
MEETING DATE: October 11, 2005
. Background: Virginia Beach is looking to expand its landfill operations adjacent
to Trashmore II on Centerville Turnpike. To accomplish this will require the acquisition
of adjacent properties owned by Williams Holding Corp. and Tallwood L P.
Staff has been evaluating the options available to the City for long-term waste disposal,
and has determined that the most cost beneficial alternative to the City is the purchase
of (i) 54:!: acres of property owned by Williams Holding Corporation and (ii) 15.84 acres
of property owned by Tallwood, LP. These parcels are adjacent to the City's existing
landfill known as Trashmore II located in the Centerville District on Centerville Turnpike.
. Considerations: Acquisition of these parcels provides the City with options in
dealing with its solid waste disposal in the future.
.
Public Information: Advertisement of City Council's Agenda
. Alternatives: Acquire subject properties; do not acquire subject properties and
seek other alternatives.
. Recommendations: Staff recommends purchase of the subject parcels of
property from Williams Holding Corp and Tallwood L. P. by agreement or
condemnation.
.
Attachments: Location map, Ordinance
Recommended Action: Approve
Submitting Department/Agency: Public Works ~..x:.
City Manage~ l, ~ M'L
1
2
3
4
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE
SIMPLE FOR EXPANSION OF THE CITY'S
LANDFILL, FROM WILLIAMS HOLDING
CORP. AND TALLWOOD LP AND/OR THEIR
SUCCESSORS AND ASSIGNS, EITHER BY
AGREEMENT OR CONDEMNATION
5
6
7
8
9
10
WHEREAS, in the opinion of the Council of the City of Virginia
11
Beach, Virginia, a public necessity exists for the construction of
12
an expansion of the City's existing landfill located on Centerville
13
Turnpike in the Centerville District of the City of Virginia Beach,
14
Virginia, to increase long-term solid waste disposal capacity and
15
to
increase
to
the
City's
options
with
handling
the
respect
16
disposal of solid waste in the City, and for other related public
17
purposes for the preservation of the safety, health, peace, good
18
order, comfort, convenience, and for the welfare of the people of
19
the City of Virginia Beach.
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21
VIRGINIA BEACH, VIRGINIA:
22
Section 1.
That the City Council authorizes the acquisition
23
by purchase or condemnation pursuant to Sections 15.2-1901,
et
24
seq., and Title 25.1 of the Code of Virginia of 1950, as amended,
25
of four parcels of real property in fee simple
(the "Property")
26
designated and described as follows:
27
28
GPIN: 1455-73-1702
29
All that certain property designated and described as "PARCEL
30
B, GPIN 1455-73-1702 AREA = 2,796,322.29 SF OR 64.195 AC." as
31
shown on that certain subdivision plat entitled: "SUBDIVISION
32
OF PROPERTY OF WILLIAMS HOLDING CORP.
(DB
(DB 2994, PG. 1253)
33
2999,
PG 1384)
VA.,"
AT GOMEZ BORROW PIT,
VIRGINIA BEACH,
34
dated December 9, 1999 and recorded in the Clerk's Office of
35
the Circuit Court of the City of Virginia Beach, Virginia in
36
Map Book 282, at page 82.
37
38
GPINs: 1455-62-6392; 1455-62-6535; and 1455-72-1133
39
All those certain parcels of property located in the City of
40
Virginia
and
Beach,
Virginia,
respectively
designated
41
described as "PARCEL 1, 5.305 ACRES;" "PARCEL 2, 5.92 ACRES;"
42
AND "PARCEL 3,
4.61 ACRES" all on that certain subdivision
43
plat entitled: "SUBDIVISION OF A PART OF TRACT "A" DIVISION OF
44
W.E. WOODS PROPERTY FOR ANTENNA RENTALS, A VIRGINIA GENERAL
45
PARTNERSHIP," dated August 1984 and recorded in the Clerk's
46
Office of the Circuit Court of the City of Virginia Beach,
47
Virginia, in Map Book 184, at page 61.
48
49
Section 2.
That the City Manager is hereby authorized to make
50
or cause to be made on behalf of the City of Virginia Beach, to the
51
extent that funds are available, a reasonable offer to the owners
52
or persons having an interest in said Property.
If refused, the
53
City Attorney is hereby authorized to institute proceedings to
54
condemn said Property.
55
56
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of
CA-9701
H, \OID\REAL ESTATE\Acquisitions\WORKING - COND\E - V, Williams pit \Ordinance - doc
PREPARED: 10/6/05
APPROVED AS TO CONTENT
(- ,
(j:¡j'¡'jC< r 'I;., ,(1 </;
- [¡ c~ '-' U~,C(,-..) C ~\
GNATURE
jJú) KEttI é !JiM'
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~J~~ ~
CITY ATTORNEY
2005.
(
It, -
[~ ~ ~ ~{' (~ð' ~I
Ii ¡/ ' r I'!
( ,
\' I' ,~ t '¿'
: ' ' './
LOCATION MAP
PROPERTY OF WILLIAM HOLDING CORPORATION
~ crl N 1455 73 1702 l£:- (}MtÀ,
TALL WOOD II loP.
GPIf'4", 14S~ G2 6392e.-
SCALE: 1" = 400'
WILLIAMS HOLDI-'JGDGN MjS
PREPARED BY P;W ENG. CADD DEPT.
,\iARCH 29,2005
r
'"
\..
~"'"
,(..~. ~. .;.~~,
r!~7:....'..1'. - '\.~ )
(0 is;:)
~. - :.)
(\ - ':1¡
~'.."..~.,:.
"i:ê' ". . .."o-v'
""',;;:,.;...~
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
A Resolution Authorizing the Enlargement of a Nonconforming
Use on Property located at 220 43rd Street, in the Beach
District
MEETING DATE:
October 11, 2005
.
Background:
A Resolution upon Application of Two Farms, Inc. for a Change to a
Nonconforming Use on property located at 220 43rd Street (GPIN
24188662260000). DISTRICT 6 - BEACH
.
Considerations:
The applicant requests approval for an addition to the existing single-family
dwelling. The proposed addition of a master bathroom, laundry area and
walk-in closet will be located over the existing single-story section of the
home, located in the southeast portion of the structure. The proposed addition
will be within the limits of the existing structure. The size of the addition will be
213 square feet. The proposed exterior building materials will match the
existing exterior of the dwelling.
The structure was built in 1955 before there was a City of Virginia Beach
Zoning Ordinance. It is classified as a duplex because there is a single-family
dwelling with an attached one-bedroom dwelling unit on the site. There are
several homes within the area that have primary residential structures and
secondary, or accessory, apartments, garage apartments and guesthouses.
.
Recommendations:
Staff recommends approval of this request. Section 1 05(d) of the City Zoning
Ordinance states that no nonconforming use or structure shall be enlarged,
extended, reconstructed, or structurally altered unless the City Council finds
that the proposed use will be "equally appropriate or more appropriate to the
district than is the existing nonconformity." The proposed enlargement is
reasonable, will have a minimal impact, and should be as appropriate to the
district as the existing non-conforming use. The applicant proposes a minor
addition to the dwelling to accommodate a master bathroom, laundry area
and walk-in closet. The proposed addition will not encroach any further into
the yard than the existing home, and is designed to blend with the home in
both style and building materials. The request, therefore, is acceptable
subject to the conditions listed below.
TWO FARMS, INC.
Page 2 of 2
1. The proposed addition shall conform with respect to location on the site
with the submitted physical survey prepared by Rood & Smith, PC, dated
3/1/05. Said survey has been exhibited to the City of Virginia Beach City
Council and is on file in the City of Virginia Beach Planning Department.
2. The proposed addition shall conform to the submitted floor plans and
elevations prepared by G.M. Frech & Associates, dated November 22,
2004. Said floor plans and elevations have been exhibited to the City of
Virginia Beach City Council and are on file in the City of Virginia Beach
Planning Department.
3. The proposed building materials and colors shall match the building
materials and colors currently existing on the house. If the materials and
colors cannot be matched the applicant shall submit a color palette and
sample building materials to the Current Planning Division of the City of
Virginia Beach Planning Department for review and approval prior to
installation.
. Attachments:
Staff Review
Disclosure Statement
Resolution
Recommended Action: Staff recommends approval with conditions.
Submitting Department/Agency: Planning Department ~
City Manager~ 'Ii .~
TWO FARMS, INC.
Staff Planner: Faith Christie
REQUEST:
ChanQe to a NonconforminQ Use for an addition to
a duplex currently existing within a single-family
Zoning district, R-7.5 Residential District.
ADDRESS I DESCRIPTION: Property located at 220 43rd Street
GPIN:
24188662260000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
5,750 square feet
SUMMARY OF REQUEST
The applicant requests approval for an addition to the existing
single-family dwelling. The proposed addition of a master
bathroom, laundry area and walk-in closet will be located over the existing single-story section of the
home, located in the southeast portion of the structure. The proposed addition will be within the limits of
the existing structure. The size of the addition will be 213 square feet. The proposed exterior building
materials will match the existing exterior of the dwelling.
The structure was built in 1955 before there was a City of Virginia Beach Zoning Ordinance. It is classified
as a duplex because there is a single-family dwelling with an attached one-bedroom dwelling unit on the
site. There are several homes within the area that have primary residential structures and secondary, or
accessory, apartments, garage apartments and guesthouses.
LAND USE AND ZONING INFORMATION
North:
EXISTING LAND USE: A duplex currently existis on the site.
SURROUNDING LAND
USE AND ZONING:
.
.
43rd Street
Across 43rd Street are Single-family dwellings / R-7.5
Residential
TWO FARMS, INC.
Agenda Item #
Page 1
South:
.
An alley
Across the alley are Single-family dwellings / R-7.5 Residential
Single-family dwellings / R-7.5 Residential
Single-family dwellings / R-7.5 Residential
.
East:
West:
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): 43RD
Street is a local residential street. The proposed addition will not impact the existing traffic on the street
WATER and SEWER: The site is connected to water and sewer.
SCHOOLS: The school population will not be affected by the proposed addition.
The Comprehensive Plan designates this site as being part of
the "Primary Residential Area". The land use planning policies and principles for the Primary Residential
Area focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area. In a general sense, the established type, size and
relationship of land use, both residential and non-residential, located in and around neighborhoods should
serve as a guide when considering future development.
COMPREHENSIVE PLAN
Staff recommends approval of this
request. Section 105(d) of the City
Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended,
reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally
appropriate or more appropriate to the district than is the existing nonconformity." The proposed
enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the
existing non-conforming use. The applicant proposes a minor addition to the dwelling to accommodate a
master bathroom, laundry area and walk-in closet. The proposed addition will not encroach any further
into the yard than the existing home, and is designed to blend with the home in both style and building
materials. The request, therefore, is acceptable subject to the conditions listed below.
EVALUATION AND RECOMMENDATION
TWO FARMS, INC.
Agenda Item #
Page 2
CONDITIONS
1. The proposed addition shall conform with respect to location on the site with the submitted physical
survey prepared by Rood & Smith, PC, dated 3/1/05. Said survey has been exhibited to the City of
Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department.
2. The proposed addition shall conform to the submitted floor plans and elevations prepared by G.M.
Frech & Associates, dated November 22, 2004. Said floor plans and elevations have been exhibited to
the City of Virginia Beach City Council and are on file in the City of Virginia Beach Planning
Department.
3. The proposed building materials and colors shall match the building materials and colors currently
existing on the house. If the materials and colors cannot be matched the applicant shall submit a color
palette and sample building materials to the Current Planning Division of the City of Virginia Beach
Planning Department for review and approval prior to installation.
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.
TWO FARMS, INC.
Agenda Item #
Page 3
AERIAL OF SITE LOCATION
TWO FARMS, INC.
Agenda Item #
Page 4
ALLEY
(20' R/W)
POWER ~!
POLE S 62'45.'00" W .~
_._._~,~~.-.-.-.-
;~:;;~;¡ t ~",~.-7R~-O, -
SHED 0.5
/
\ li~'l,I'" J
< ø ....~'"
-""" .." I, ','! ~', ' '
, -", ~~..",
~ s:;¡ Ðf
1.3'
LOT-22
f'ENCE
(TYP.)
LOT-2J
I.IJ
~
II 220
2-STY. FR.
.i>~
~~~
\.::
-
....
'0
a
iii
..-
..-
7.4'
N
PIN rOUND
50.00'
N 82"45'00" E
Haus ,
11 'IllS SIIIIYtY WAS PCII~ "'!Hour
M ItNØ'1T 01' A 'II1I.C IICIIC*T IIHD MAY
NOT SHOW' IMY/I4J.. EA1ENÞ11I 011
IIØ'INC'IICIIII ~T fIlAr oWlet SAID
~TT AS ..~.
:i: ... IMITH. I'.Q. IS IIQT A ,.".'rt IN
, ... N -~ raft FI.OCO
IN$UIIANCC III '!HE ~ 8tIOWN
tOCQIII. 'M8 IIMWY DCØ NOT ' Oì."
'IlIA" 'fttIS IIWCIm' IIIU. 011 'oIU. NOT Ie
~_lÐ,~!.~~
.t
0
~
43RD STREET
(FORMERLY POCAHONTAS DRIVE)
~
8
to
r
"
q
Z
LOT-21
0
<
0
a:-
)...
-J
è5
.:r
~U"~It".AI ~III!:I!/~V
TWO FARMS, INC.
Agenda Item #
Page 5
1!!111"1~ . Iii d - a Is ~.
l!i ~.' . .. I
o.qff L ~ s ~ ~ I h ! i oI,
I ~I~~ Ir & n I ~
I Iiil iiq; iU dl 'I
~ ~ Ii! mHI~LI
I ! ' I.
¡ ~
~
.
i
II
I.
I.
, I ¡'I
:11
. I J
[lIth
-il.f I!
liiii
Ii 'I'I! I, I' -
:1.1 ¡q ! hi f
11:;1;11 i II i I
1111111111, 'i !III
! "tillhl.'!!
.. ....... ,Do
. 'Ull :
:1 1':'1' !. ¡hIli I ¡
I, ¡ ¡!'II' ¡ ,! Ii I,iit llltil Iii
1¡111I,.jllll' II-j
; ~11!;! !nlil!i,!iiì Ilh!!i~1 --
r
~
~
II
_¡1m
\ '" :;~
i ¡ II I
'~ J II
~ '\} II ~ '
~..::.I
II '
I
~
~¡,¡
>t
~l.
: --_!
~
PROPOSED BUILDING ELEVATION
TWO FARMS, INC.
Agenda Item #
Page 6
Map L-5
Mðp Not to Scðle
Non-Conforming Use
There is no zoning history to report for the immediate area. The neighborhood is a
stable residential area with single-family dwellings and accessory apartments, garage
apartments and guesthouses.
ZONING HISTORY
TWO FARMS, INC.
Agenda Item #
Page 7
z
0
.....-.c
~
U
.....-.c
~
~
~
~
CI':)
;:::J
t.::)
z
~
0
~
z
0
u
.
Z
0
Z
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)
Two Farms, Inc.: Ralph C. Kemp, President; John M. Kemp, Vice President; Frank J.
Gargiuld, Secretary
2. List all businesses that have a parent-subsidiary' or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
0 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 entitl
relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
ï & 2 See next page for footnotes
Non-Conforming Use Application
Page 8 of 9
RevIsed 9/'/2004
DISCLOSURE STATEMENT
TWO FARMS, INC.
Agenda Item #
Page 8
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)
G.M. Frech & Associates
Sykes, Bourdon, Ahern & Levy, P.C.
1 "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.
Tw~'1l)c. -_.t/ J / .
~~~~f\ >;;;' ,"c--(
Print Name
Property Owner's Signature (if different than applicant)
Print Name
Non.Conforming Use ApplicatIOn
Page90f9
Revised 9/112004
z
0
t--c
~
U
t--c
~
~
~
~
cr;}
~
t..:::)
Z
~
0
~
Z
0
u
.
Z
0
Z
DISCLOSURE STATEMENT
TWO FARMS, INC.
Agenda Item #
Page 9
22
23
24
25
26
1
2
3
4
5
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
A NONCONFORMING USE ON PROPERTY LOCATED AT
220 43rd STREET, IN THE BEACH DISTRICT
(hereinafter
WHEREAS,
Two
Farms,
Inc. ,
the
"Applicant") ,
6
has made application to the City Council
for authorization to
7
enlarge a nonconforming duplex dwelling situated on a certain
8
lot or parcel of land having the address of 220 43rd Street,
in
9
the R-7.5 Residential District; and
10
WHEREAS, the said duplex dwelling is nonconforming in that
11
duplex dwellings are not allowed in the R-7.5 Residential Zoning
12
District,
was
but
this
dwelling
constructed
prior
to
the
13
enactment of the Zoning Ordinance; and
14
WHEREAS,
Section
pursuant
of
to
the
City
105
Zoning
15
Ordinance, the enlargement of a nonconforming use is unlawful in
16
the absence of a resolution of the City Council authorizing such
17
action upon a finding that the proposed use,
as enlarged, will
18
be
more
equally
appropriate
appropriate
the
zoning
to
or
19
district than is the existing use;
20
NOW,
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
21
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use,
as enlarged, will be equally appropriate to the district as is
the existing use.
BE
IT
FURTHER
RESOLVED
BY
THE
COUNCIL
OF
THE
CITY
OF
VIRGINIA BEACH, VIRGINIA:
27
That the proposed enlargement of the Applicant's use of the
28
parcel is hereby authorized, upon the following conditions:
29
The proposed addition
to
1.
shall
conform with respect
30
location on the site with the submitted physical survey prepared
31
by
survey
Rood
Smith,
3/1/05.
dated
&
PC,
Said
has
been
32
exhibited to the City of Virginia Beach City Council and is on
33
file in the City of Virginia Beach Planning Department.
34
The proposed addition shall conform to the submitted
2.
35
floor plans and elevations prepared by G.M. Frech & Associates,
36
dated November 22,
2004.
Said floor plans and elevations have
37
been exhibited to the City of Virginia Beach City Council and
38
are on file in the City of Virginia Beach Planning Department.
39
3.
The proposed building materials and colors shall match
40
the
on
the
building
materials
and
colors
currently
existing
41
house.
the
If
the
materials
and
colors
be
matched
cannot
42
applicant
a
shall
submit
color
palette
and
sample
building
43
materials
of
the
to
Current
Planning
Division
of
the
City
44
Virginia Beach Planning Department for review and approval prior
45
to installation.
46
Adopted by the Council of the City of Virginia Beach on the
47
day of October, 2005.
CA-9768
OID\Ordres\nonconforming-two
R-1
September 28, 2005
farms.doc
2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
J~ q ~50rO:;-
, ~
Plannlng Department
u~~
City Attorney's Office
3
Map L-4 T. B. & Lois Cambbell
Mðp Not to Scðle
~\J~ì:7 .~ ~- }I!'~
~ 4\ ß3~ {r~'t
b ~\I ~ j ~~,:::... U\'"": ~- ~
~\~q ~\ to ~
\;J\~ } ~ ~-~ì ~ ~~
Q~\~ CCÞ ~ ~ ~
;::: ~ ""') ~ ;;. \' --
~
<;:.
("¡
~ ~ ""\.,;/" 0 ,"
0
~ "t: t) ( ~
~ ~;..". t~ ,~~ J - '" ~
0 <'I ~... 'J \
I\'i~ ~~\ ~ \ð'h~\2'"'~\~
II: ::Z;:l' J;,""~ ~ ~
0 - A ,
~ > \I: 0 l~\.--""\"
ð ~\ '- Q, ~~ ~~~\'O- ~
~ ~ Q . r-> {}.~ ~ ì' ~
q ';, Or:: ill ~'~~~ I~
c:P\ "- .Ã- '-" '::.
~<f'o-i~ ;¡¡¡;;~ ~
i M\\~ .~\~ 0 ~=
~~ ~r~ \\ ~ ð '\~:~')\
1. 8/14/01
2. 2/12/02
3. 4/23/02
4. 8/14/01
5. 9/24/91
6. 1/26/93
7. 1 0/29/02
Non-Conforming Use
Alteration to a Nonconforming Use (Alterations to a Single-
famil dwellin
Alteration to a Nonconformin
Alteration to a Nonconformin
Alteration to a Nonconformin
Alteration to a Nonconformin
Alteration to a Nonconformin
Alteration to a Nonconformin
Approved
ZONING HISTORY
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 8
~oi;"'~
p~~~~~,
('~....'.1... .--.\.~'
~È¡ -:1',
(Ut- . :>J
(:.t ;;~
(~;... ~>~~
':~~:;;':"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Authorizing the Enlargement of a Nonconforming
Use on Property located at 1 07 53rd Street in the Lynnhaven
District
MEETING DATE: October 11, 2005
.
Background:
A Resolution upon Application of J. B. Campbell and Lois Campbell for a
Change to a Nonconforming Use on property located at 107 53rd Street (GPIN
24188968930107).5- L YNNHAVEN
.
Considerations:
The applicant requests approval to enlarge the third floor unfinished attic
space by raising the roof by two feet and adding a dormer. Currently the attic
space is 825 square feet with only 252 square feet considered habitable
under the building code. The additional space would then provide another
bedroom for the home. Additionally the applicant wishes to add an open deck
over the existing sunroom. The deck would be accessed from the new third
floor bedroom. The proposed alterations and deck addition will be within the
existing limits of the structure and not encroach any further into the property
than what currently exists. The proposed exterior building materials will match
the existing exterior of the home.
The home was constructed in 1925 and is of the Dutch Colonial Revival style
of beach cottage popular at that time. It is nonconforming because two single-
family dwellings exist on the lot. The Zoning Ordinance allows a single-family
dwelling or a duplex on a zoning lot within the R-5R Resort Residential
district. The single family dwelling on the northern portion of the lot was
approved for alterations and additions to a nonconforming use on August 14,
2001.
.
Recommendations:
Staff recommends approval of this request. Section 1 05(d) of the City Zoning
Ordinance states that no nonconforming use or structure shall be enlarged,
extended, reconstructed, or structurally altered unless the City Council finds
that the proposed use will be "equally appropriate or more appropriate to the
district than is the existing nonconformity." The proposed enlargement is
reasonable, will have a minimal impact, and should be as appropriate to the
district as the existing non-conforming use. The applicant's request to enlarge
the attic space for an additional bedroom and to add a deck over the existing
sunroom is minimal. The proposed alteration and addition will not encroach
J.B. CAMPBELL & LOIS CAMPBELL
Page 2 of 2
any further into the yard than the existing home, and is designed to blend with
the home in both style and building materials. The request, therefore, is
acceptable subject to the conditions listed below.
1. The proposed alteration and addition shall conform with respect to location on
the site with the submitted site plan and shall not encroach into the property any
further than the existing structure. Said site plan has been exhibited to the City of
Virginia Beach City Council and is on file in the City of Virginia Beach Planning
Department.
2. The proposed alteration and addition shall conform to the submitted elevations
prepared by Larry A. Thompson, Architect, and dated 10/13/04. Said elevations
have been exhibited to the City of Virginia Beach City Council and are on file in
the City of Virginia Beach Planning Department.
3. The proposed building materials and colors shall match the building materials
and colors currently existing on the house. If the materials and colors cannot be
matched the applicant shall submit a color palette and sample building materials
to the Current Planning Division of the City of Virginia Beach Planning
Department for review and approval prior to installation.
4. The deck shall not be enclosed.
. Attachments:
Staff Review
Disclosure Statement
Resolution
Recommended Action: Staff recommends approval with conditions.
Submitting Department/Agency: Planning Department ~
City Manager: ~ )L , Ò"d ~
J. B. CAMPBELL
AND
LOIS CAMPBELL
Staff Planner: Faith Christie
REQUEST:
ChanQe to a Nonconformina Use for an addition
to a single family dwelling where two single-family
dwellings currently exist upon one lot.
~
~
.-;.
(">
0
~
';
ADDRESS I DESCRIPTION: Property located 107 53rd Street
GPIN:
24188968930107
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
6,625 square feet
SUMMARY OF REQUEST
The applicant requests approval to enlarge the third floor
unfinished attic space by raising the roof by two feet and
adding a dormer. Currently the attic space is 825 square feet with only 252 square feet considered
habitable under the building code. The additional space would then provide another bedroom for the
home. Additionally the applicant wishes to add an open deck over the existing sunroom. The deck would
be accessed from the new third floor bedroom. The proposed alterations and deck addition will be within
the existing limits of the structure and not encroach any further into the property than what currently
exists. The proposed exterior building materials will match the existing exterior of the home.
The home was constructed in 1925 and is of the Dutch Colonial Revival style of beach cottage popular at
that time. It is nonconforming because two single-family dwellings exist on the lot. The Zoning Ordinance
allows a single-family dwelling or a duplex on a zoning lot within the R-5R Resort Residential district. The
single family dwelling on the northern portion of the lot was approved for alterations and additions to a
nonconforming use on August 14, 2001.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Two single-family dwellings occupy the lot.
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 1
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
Single-family dwelling / R-5R Resort Residential
53rd Street
Across 53rd Street are single-family and duplex dwellings / R-5R
Resort Residential
Oceanfront Avenue
Across Oceanfront Avenue is a single-family dwelling / R-5R
Resort Residential
Single-family dwelling / R-5R Resort Residential
.
.
East:
.
.
West:
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural 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) I CAPITAL IMPROVEMENT PROGRAM (CIP): 53RD
Street is a local residential street. The proposed addition will not impact the existing traffic on the street.
WATER and SEWER: The site is connected to water and sewer.
SCHOOLS: The school population will not be affected by the proposed addition.
The Comprehensive Plan designates this site as being part of
the "Primary Residential Area." and more specifically located in the sub-area identified in the plan as the
North Virginia Beach residential community. The land use planning policies and principles for the Primary
Residential Area focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established
type, size and relationship of land use, both residential and non-residential, located in and around
neighborhoods should serve as a guide when considering future development.
COMPREHENSIVE PLAN
Staff recommends approval of this EVALUATION AND RECOMMENDATION
request. Section 1 05( d) of the City
Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended,
reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 2
appropriate or more appropriate to the district than is the existing nonconformity." The proposed
enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the
existing non-conforming use. The applicant's request to enlarge the attic space for an additional bedroom
and to add a deck over the existing sunroom is minimal. The proposed alteration and addition will not
encroach any further into the yard than the existing home, and is designed to blend with the home in both
style and building materials. The request, therefore, is acceptable subject to the conditions listed below.
CONDITIONS
1. The proposed alteration and addition shall conform with respect to location on the site with the
submitted site plan and shall not encroach into the property any further than the existing structure.
Said site plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of
Virginia Beach Planning Department.
2. The proposed alteration and addition shall conform to the submitted elevations prepared by Larry A.
Thompson, Architect, and dated 10/13/04. Said elevations have been exhibited to the City of Virginia
Beach City Council and are on file in the City of Virginia Beach Planning Department.
3. The proposed building materials and colors shall match the building materials and colors currently
existing on the house. If the materials and colors cannot be matched the applicant shall submit a color
palette and sample building materials to the Current Planning Division of the City of Virginia Beach
Planning Department for review and approval prior to installation.
4. The deck shall not be enclosed.
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.
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 3
AERIAL OF SITE LOCATION
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 4
L
PlNrExJ
...s 1.0 . ENCII.
N
i
3.7'
L&J
::>
2
L&J ¡:
:> «
.q: !
I- ~
;Z ~
0'0
a:: '"
LA.¡'-
2
.q:
L¡J
U
0
¡
-I
FIN
/50.00'
$ 8'° 0.'00.'11'
!
,
,
..---
k.
PROPOSED SITE PLAN
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 5
it ~ ,
~ " t= 'It' .
~ ~ ~;. . i :';
~ ': It~ ~ ,.
~ ~ lilt ..::
, . ~ ' ¡:
. ~ ~ ~~ . ~:;. ::
: : if t: -L-~ . J'
1;); . ,.~
.... '-'~'~' .,7I.~f!
;1/.
t-
~
i '
; ;:í;":
" '
:' !
. '&
u}
'3
~
~
. .
'7
. .
II ~
¡
j
,
!
,
i'
¡
I ¡
I .
f-4
U
U;¡S:
f-¡1I1
æ~
u :s~
~ IIIJ-
< ;; ~
. .>0
~,¡:::-
~ <£ ~
!Þo ...""
~ 0"
;z: .~
....
-°
~~
r;.r.~
,~ oS ~
~ s~
~ ~~
~ >< f
cc¡
do.
~¡
f8
PROPOSED BUILDING ELEVATION
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 6
FRONT AND
SIDE VIEW
107 53RD STREET
FRONT VIEW
EXISTING CONDITIONS
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 7
z
0
........
~
u
........
~
~
~
~
c:I:}
;::::J
~
z
~
0
~
z
0
u
.
Z
0
Z
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)
-.
2. List all businesses that have a parent-subsidiary1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
-- -------
-----
X 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)
--
___m
2 List all businesses that have a parent-subsidiari or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization
1 & 2 See next page for footnotes
Non-Conforming Use Application
Page 8 of9
RevISed 9/1/2004
DISCLOSURE STATEMENT
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 9
rrnSCLOSURESTATEMENT
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)
Sykes, ß<"IJl'(k'n,Ahcrn I( U,,'y,I'.C.
Larn A. TI1,)mps,.n, ,\rclllt:é'ct
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns stlares possessing more than 50 percent of the
voting power of another corporation" See State and Local Government Conflict of
Interests Act, Va, Code § 22-3101.
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,
.......... ..... """'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
scheduied for public nearing, 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 ins;.ructions in this package
~. . '~UL£/
APPrc~~~~ï~r-;;-"'~I"""""'-'- L..._.- '"
-- fV
",~.:.fL~A-,j(1..J.:>"~':!_~.b._-
PrInt Name
- -- --- --- - --- -- - --- '" ... ... -... -.............- -- - -...- --- ,-.-
.-- ...----.-- -...--------.-.--.--
Property Owner's Signature (if different than applicant)
Print Name
~o".Confm""ng Use App',ca!.on
Page 9 of"
Re'"sed 9'120,)"
z
0
........
~
U
........
~
~
~
~
c.r:J
~
~
Z
~
10
~
Z
0
'--'
.
Z
0
Z
DISCLOSURE STATEMENT
J.B. CAMBELL & LOIS CAMPBELL
Agenda Item #
Page 10
NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONING REVIEW COMMITTEE
MEMO
Members of City Council of Virginia Beach
Monday, October 03, 2005
Re:
Application by J. B. Campbell & Lois Campbell for an Enlargement of a Non-
Conforming structure; proposed addition to attached existing single family dwelling
on a condominium lot located at 107 - 53rd Street, Beach District, Virginia Beach,
Virginia 23451
The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee has the met
with the applicant and reviewed the site surveys, site plans and merits of the referenced case.
We as a civic league "Take No Exception" to this request. The NVBCL Zoning Review
Committee offers the following comments regarding this request:
1. The NVBCL finds that there is no true demonstrated hardship with this request other than
the applicant desires additional usable floor space in a dwelling that was built in 1925
prior to any applicable zoning ordinances. Any expansion expands the non-conformity.
2. The survey provided for this site was prepared in 1993 over 12 years ago. The applicant
should be required to provide a new physical survey to the city prior to issuance of a
building permit to record all conditions at the time of granting of this expansion of the
nonconformity.
3. Although the provided survey may portray the current "Unit B" footprint, the NVBCL is
unaware of how this garage was expanded into such a large dwelling unit.
4. The building exceeds the allowable 35% lot coverage and the applicant does not have
data on the amount of impervious cover on the site. Current stormwater management
code requirements should be required of this project and conformed to with this new
construction.
The NVBCL wants to be clear in its decision on this particular case as a minimum demonstrated
hardship for this request has not been proven. However, we do understand the age of this
dwelling and applaud the fact that the applicant has maintained a potentially historic beach
cottage. We remain concerned about lot coverage and impervious cover by renovation or
expansion of non - conforming structures in R5R zoning in our neighborhood that are not a true
hardship as defined by the code. Should there be any questions please contact me at 431- 1041 x
16.
Sincerely,
-u,,~ ~ ~
William D. Almond, ASLA
Chair, NVBCL Zoning Review Committee
1
2
3
4
5
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
A NONCONFORMING USE ON PROPERTY LOCATED AT
107 53rd STREET, IN THE LYNNHAVEN DISTRICT
WHEREAS, J. B. Campbell and Lois Campbell,
(hereinafter the
6
"Applicants") ,
for
have made
application to
the
Ci ty Council
7
authorization to enlarge a nonconforming single-family dwelling
8
situated on a certain lot or parcel of land having the address
9
of 107 53rd Street, in the R-5R Residential District; and
10
the said single-family dwelling is nonconforming
WHEREAS,
11
in that there are two single-family dwellings that occupy the
12
same lot,
which is not allowed in the R-5R Residential Zoning
13
District,
was
but
this
dwelling
constructed
prior
to
the
14
enactment of the Zoning Ordinance; and
15
Section
WHEREAS,
of
the
City
pursuant
to
105
Zoning
16
Ordinance, the enlargement of a nonconforming use is unlawful in
17
the absence of a resolution of the City Council authorizing such
18
action upon a finding that the proposed use,
as enlarged, will
19
be
more
equally
appropriate
appropriate
the
zoning
to
or
20
district than is the existing use;
21
NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY
22
OF VIRGINIA BEACH, VIRGINIA:
23
That the City Council hereby finds that the proposed use,
24
as enlarged, will be equally appropriate to the district as is
25
the existing use.
26
BE
FURTHER
THE
OF
COUNCIL
OF
THE
CITY
RESOLVED
BY
IT
27
VIRGINIA BEACH, VIRGINIA:
28
That the proposed enlargement of the Applicants' use of the
29
parcel is hereby authorized, upon the following conditions:
30
1.
The
proposed
addition
conform
alteration
and
shall
31
wi th respect
to location on the
submitted site
site with the
32
plan and shall not encroach in to the property any further than
33
the existing structure.
Said site plan has been exhibited to
34
the City of Virginia Beach City Council and is on file in the
35
City of Virginia Beach Planning Department.
36
The proposed alteration and addition shall conform to
2.
37
the
elevations
A.
Thompson,
prepared
by
submitted
Larry
38
Architect,
10/13/04.
been
Said
elevations
and
dated
have
39
exhibited to the City of Virginia Beach City Council and are on
40
file in the City of Virginia Beach Planning Department.
41
The proposed building materials and colors shall match
3.
42
the
building
on
the
materials
and
colors
currently
existing
43
house.
materials
cannot
If
the
and
colors
be
matched
the
44
applicant
a
shall
submit
color
palette
and
sample
building
45
materials
to
the
Planning
Division
of
City
the
of
Current
46
Virginia Beach Planning Department for review and approval prior
47
to installation.
2
48
Adopted by the Council of the City of Virginia Beach on the
49
day of October, 2005.
CA-9766
OID\Ordres\nonconforming-campbell.doc
R-l
September 27, 2005
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~*~ce)
~ 1~ ~,O~
Planning~artment
3
,.
""
\..
~6.f'
,{'¡';':-:~"'.>.'
~q...I..... \.:t'
(>.~ <'i',
(I::: >->
~': - i~>
(\ . I1J
¡;;""".::::::::~"j
~~~:;..J
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
A Resolution Authorizing a Change to a Nonconforming Use
on Property located at 3416 North Landing Road in the
Princess Anne District
MEETING DATE:
October 11, 2005
.
Background:
A Resolution upon Application of Lavern Miller for the Alteration of a
NonconforminQ Use on property located at 3416 North Landing Road (GPIN
14838854790000). DISTRICT 7 - PRINCESS ANNE
.
Considerations:
There are currently two conditions on this site that make it nonconforming.
The first is the existing cabinetry business. This type of business is not
allowed in the AG-2 Agricultural zoning district. The cabinetry business has
existed on this site since 1963 and the applicant has applied to City Council
for two building additions since that time. The first expansion was approved
by City Council on September 23, 1990 and the second expansion was
approved by City Council on August 24, 1993.
The second condition of nonconformity on this site is the fact that there are
currently two single-family dwellings on one lot. These two dwellings were
constructed in 1950. The applicant is requesting to subdivide the property
into two lots, which would eliminate this condition of nonconformity.
The proposed subdivision shows the cabinetry business and existing single
family dwelling on a 3.9-acre lot. The remaining 8.9 acres would contain an
existing single-family dwelling.
The proposed subdivision would reduce the lot area associated with the
nonconforming cabinetry business by 8.9 acres.
.
Recommendations:
Staff recommends approval of this request. Section 1 05(d) of the City Zoning
Ordinance states that no nonconforming use or structure shall be enlarged,
extended, reconstructed, or structurally altered unless the City Council finds
that the proposed use will be "equally appropriate or more appropriate to the
district than is the existing nonconformity." The proposed alteration is
reasonable, will have a minimal impact, and should be as appropriate to the
district as the existing non-conforming use. The proposed subdivision will
LAVERN MILLER
Page 2 of 2
eliminate the nonconformity with respect to the single-family dwellings. The
cabinetry business is small scale and has operated on the site without
complaints for over 30 years. The land area proposed for the
business/residence of 3.9 acres exceeds the minimum lot area required by
the zoning ordinance for uses other than dwellings in agricultural areas.
There will be no increase in density as a result of this subdivision, since both
dwellings already exist on the site. It is recommended this item be approved
with the condition listed below.
1. The subdivision of the site shall be in substantial conformance with the
plan entitled "Preliminary Subdivision of Parcel B, Subdivision of Property
for Valentine E. Miller and Sylvia B. Miller" prepared by Gallup Surveyors
and Engineers and dated July 7,2005.
. Attachments:
Staff Review
Disclosure Statement
Resolution
Recommended Action: Staff recommends approval with conditions.
Submitting Department/Agency: Planning Department ~
City Manager: ~':, k . Ò(] ~
LAVERN MILLER
Map G,H-13
Mo No' '0 Scole
Chanoe to a Nonconformino Use to
reduce the acreage allotted for the
existing cabinetry business by
subdividing the site into two
parcels.
NOR
AG-
REQUEST:
,
,
,
!
~ I :G¿
/,f:::;,' 0 !
/ Co '
/0 !
Staff Planner: Barbara Duke
AG-2
I
I
1\
AG-
Non-Conforming Use
ADDRESS I DESCRIPTION: Property located at 3416 North Landing Road.
GPIN:
14838854790000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
12.86 acres
There are currently two conditions on this site that make it
nonconforming. The first is the existing cabinetry business.
This type of business is not allowed in the AG-2 Agricultural zoning district. The cabinetry business has
existed on this site since 1963 and the applicant has applied to City Council for two building additions
since that time. The first expansion was approved by City Council on September 23, 1990 and the
second expansion was approved by City Council on August 24, 1993.
SUMMARY OF REQUEST
The second condition of nonconformity on this site is the fact that there are currently two single family
dwellings on one lot. These two dwellings were constructed in 1950. The applicant is requesting to
subdivide the property into two lots, which would eliminate this condition.
The proposed subdivision shows the cabinetry business and existing single family dwelling on a 3.9 acre
lot. The remaining 8.9 acres would contain an existing single family dwelling. The proposed subdivision
would reduce the lot area associated with the cabinetry business by 8.9 acres.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Cabinetry business, single family dwellings and cultivated fields.
LAVERN MILLER
Page 1
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
Cultivated fields / AG-1 Agricultural District
Cultivated fields and single family dwellings / AG-2 Agricultural
District
Cultivated fields and single family dwellings /AG-2 Agricultural
District
Cultivated fields / AG-2 Agricultural District
.
East:
.
West:
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is cultivated field.
AICUZ:
The western portion of the site is in the greater than 75 dB Ldn and the
eastern portion of the site is in the 70-75 dB Ldn noise zone surrounding
NAS Oceana.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within
Princess Anne / Transition Area. The land use planning policies and principles focus strongly on
promoting this area as a well -planned, low density, fiscally sound and desirable destination for people to
live, work and play.
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
The proposed subdivision will eliminate the nonconformity with respect to the single family dwellings. The
cabinetry business is small scale and has operated on the site without complaints for over 30 years. The
land area proposed for the businesslresidence of 3.9 acres exceeds minimum lot area required by the
zoning ordinance for uses other than dwellings in agricultural areas. There will be no increase in density
as a result of this subdivision, since both dwellings already exist on the site. The alteration is reasonable,
will have minimal impact and should be as appropriate to the district as the existing non-conforming use.
CONDITIONS
1. The subdivision of the site shall be in substantial conformance with the plan entitled "Preliminary
Subdivision of Parcel B, Subdivision of Property for Valentine E. Miller and Sylvia B. Miller" prepared
by Gallup Surveyors and Engineers and dated July 7,2005.
LAVERN MILLER
Page 2
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.
LAVERN MILLER
Page 3
AERIAL OF SITE LOCATION
LAVERN MILLER
Page 4
r
~
m
:;;0
z
-uS:
o>r
ccr
rom
01:;;0
. PARCEL A
M.B. 171 P. 21
"'C
;0
0
"'C
0
CJ)
m
c
CJ)
~
m
"'C
r-
»
z
0.""" m..,...., IIMJI RÐ.
:"~ffi
Ñ
¡.,~
rt-
2:ð
zB
I
I
I
I
oM
-.....
S 86'32"39' £
310.17
0G\;
PRlNŒS$ ,t.NN!: CA8It£'IS. He. ~.I~
""
.....,"BL
@: I~.!!-@
I """X I
. wru III ÐilStI\IC; TJtAllDl
TO BE ROKM:O 0 á~
~I -~:~
I'IAMfUO ,
PMŒL B-1
3.110 .ACII£S
341.23'
DITai .
NEW t
,IOÐJ..
NORlH
lANDING
ROAD
M.8. 111 P. ~
-r
1061.3(1'(10101
151.13"
"
PARŒL 1--2
8.M ACRÉS
&~.E8'
It 8&~ 'II 991,91'(-:
(58' R/W)
?
PARCEL A
M.B. m P. 21
I'IN (1)
.~
lot
~1§
"'...
'.. ...;
"'~
Ii
-(I) -
II.B. 1151 P. J
L.~81' I
R-1877.QO' PIN (I)
Map G,H-13
Ma Not to Scale
1
09/25/90
08/28/93
06/27/88
2
3
12/11/90
AG-I
AG-2
2
ÇJ Q
0
a 00
'"
AG-I
Non-Conforming Use
Enlar ement of NonConformin Use
Enlar ement of NonConformin Use
Conditional Use Permit (Home
Occu ation
Conditional Use Permit (Antique
Sales'
GRANTED
GRANTED
GRANTED
GRANTED
ZONING HISTORY
LAVERN MILLER
Page 6
z
0
I I
~
U
I I
~
~
~
~
CI':}
;::J
t.:)
Z
I I
~
0
~
z
0
u
.
Z
0
Z
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)
Lavern Miller
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
X 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)
Valentine E. Miller, Jr. and Raymond Miller, Trustees of the Valentine E. & Syvlia
Miller Trust
2. List all businesses that have a parent-subsidiary' or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
X Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
1 2
& See next page for footnotes
Non-Conforming Use Application
Page 8 of 9
Revised 91112004
LAVERN MILLER
Page 7
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)
Sykes. Bourdon, Ahern & Levy. PC,
Gallup Surveyors & Engineers, Ltd.
1 "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, (ií) a controlling owner in
one entity is also a controlling owner in the other entity, or (iií) there is shared
management or control betWeen the business entities. Factors that should be
I 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.
~ <
./'":z- ~
Applicant's Signature
Lavern Miller
Print Name
Property Owner's Signature (If different than applicant)
Print Name
NOlI-ConformIng U,,¡e ApplICatIon
Page9of9
Revl$6d 9/1/2004
z
0
I t
!<
u
a I
~
~
~
þ:J
c;.:,
Z
~
0
-~
Z
0
u
.
~
Z
LAVERN MILLER
Page 8
1
2
3
4
5
6
A RESOLUTION AUTHORIZING A CHANGE TO A
NONCONFORMING USE ON PROPERTY LOCATED AT
3416 NORTH LANDING ROAD, IN THE PRINCESS
ANNE DISTRICT
(hereinafter the "Applicant"),
has
WHEREAS,
Lavern Miller,
7
made application to the City Council for authorization to make
8
changes
nonconforming
property
business
and
subdivide
to
a
9
situated on a certain lot or parcel of land having the address
10
of 3416 North Landing Road,
in the AG-2 Agricultural District;
11
and
12 WHEREAS, the said business is nonconforming in that such
13 business is not allowed in the AG-2 Agricultural District, but
14 this business was established prior to the enactment of the
15
Zoning Ordinance.
The subdivision will place the business on a
16
smaller parcel of property than it now occupies, thus increasing
17
its nonconformity; and
18
Section
105
of
the
City
Zoning
WHEREAS,
pursuant
to
19
Ordinance,
the change of a nonconforming use is unlawful in the
20
absence
a
of
resolution of
the
City Council
authorizing
such
21
action upon a finding that the proposed use, as changed, will be
22
equally appropriate or more appropriate to the zoning district
23
than is the existing use;
24
NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY
25
OF VIRGINIA BEACH, VIRGINIA:
26
That the City Council hereby finds that the proposed use,
27
as changed,
will be equally appropriate to the district as is
28
the existing use.
29
BE
IT
FURTHER
RESOLVED
BY
THE
COUNCIL
OF
CITY
OF
THE
30
VIRGINIA BEACH, VIRGINIA:
31
That the proposed subdivision of the property and use of
32
the smaller parcel for the nonconforming business use is hereby
33
authorized, upon the following condition:
34
1.
The subdivision of the site shall be in substantial
35
conformance with the plan entitled "Preliminary Subdivision of
36
Parcel B,
Subdivision of
Property for Valentine E Miller and
37
Sylvia B. Miller" prepared by Gallup Surveyors and Engineers and
38
dated July 7, 2005.
39
Adopted by the Council of the City of Virginia Beach on the
40
day of October, 2005.
CA-9771
OID\Ordres\nonconforming-miller.doc
R-1
September 28, 2005
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~VJ~
City Attorney's Office
Planni
q ~~ ~DS-
epartment
2
](
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: K & Sons, Inc. - Modification of the land Use Plan
MEETING DATE: October 11, 2005
.
Background:
An Ordinance upon Application of K & Sons, Inc. for the Modification of the
Indian lakes land Use Plan to allow gasoline sales in conjunction with a
convenience store on property located at 1196 Indian lakes Boulevard
(GPINs 14658968560000; part of 14658958850000). 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 modification to the land use plan is to develop the site for gasoline sales
in conjunction with a convenience store. DISTRICT 2 - KEMPSVillE
.
Considerations:
The applicant is proposing a modification of the land Use Plan to allow for
fuel sales on property designated as "neighborhood commercial." The
proposed 97 foot by 24 foot fuel canopy is proposed parallel to Indian lakes
Boulevard and will be 22 feet high. There is an existing convenience store
and personal service business on the property in a single 3,024 square foot
building. The site plan depicts additional property incorporated into the site
for a total of 30,341 square feet. Several of the required parking spaces are
depicted immediately adjacent to a proposed ingress/egress easement. As
cars within these spaces would be forced to back out into this easement, they
must be either relocated or the property line adjusted to accommodate them.
The existing dumpster is proposed to be relocated to a less conspicuous part
of the site. Streetscape landscaping is proposed along both Indian lakes
Boulevard and Pleasant Valley Road. Two similar requests for the addition of
fuel sales to this property were both denied by City Council in 1985 and again
in 1987. The latter request was for a 24 by 24 foot canopy and fuel island.
The proposal is not in conformance with the Comprehensive Plan's
recommendations for this area nor is it compatible with the adjacent
residential neighborhood. The Plan calls for established neighborhoods to be
protected against invasive land uses that due to their activity would tend to
destabilize them. The addition of the fuel pumps would increase the intensity
of the existing commercial use in an area designated primarily as residential.
K & Sons, Inc.
Page 2 of 2
The Indian lakes land Use Plan identifies this site as commercial use but not
as a service station. Commercial areas are intended to provide residents of
the immediate area with low intensity goods and services. Unfortunately, this
proposed increase in intensity could result in negative impacts for the
residential area by increased traffic generation, noise and bright lights. Uses
such as fuel sales are more appropriately located in commercial corridors or
on the fringes of neighborhoods and only when effective protective measures
are in place to protect surrounding properties. Where commercial uses are
adjacent to residential uses, the preference is for higher density residential
adjacent to lower intensity commercial. The mix of more intense commercial
adjacent to residential does not follow sound planning practices.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 5-4 to deny
this request.
.
Attachments:
- Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends denial.
~)~
Submitting Department/Agency: Planning Department ~
City Manager~ L .~b<"'t..
REQUEST:
K & SONS, INC.
Agenda Item # 15
September 14, 2005 Public Hearing
Staff Planner: Carolyn AK. Smith
Modification of the Land Use Plan to allow for fuel
sales on property designated as "neighborhood
commercial" on property currently zoned PD-H1.
ADDRESS I DESCRIPTION: Property located at 1196 Indian Lakes Boulevard.
GPIN:
14658968560000;
portion of:
14658958850000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
30,341 square feet
SUMMARY OF REQUEST
The applicant is proposing a modification of the Land Use Plan to allow for fuel sales on property
designated as "neighborhood commercial" on property currently zoned PD-H1. The proposed 97 foot by
24 foot fuel canopy is proposed parallel to Indian Lakes Boulevard and will be 22 feet high. There is an
existing convenience store and personal service business on the property in a single 3,024 square foot
building. The site plan depicts additional property incorporated into the site for a total of 30,341 square
feet. Several of the required parking spaces are depicted immediately adjacent to a proposed
ingress/egress easement. As cars within these spaces would be forced to back out into this easement,
they must be either relocated or the property line adjusted to accommodate them. The existing dumpster
is proposed to be relocated to a less conspicuous part of the site. Streetscape landscaping is proposed
along both Indian Lakes Boulevard and Pleasant Valley Road.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is a small retail operation (convenience store and nail salon) on the property.
\,
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
.
Grassed area, Indian lakes Boulevard / PDH-1
Pleasant Valley Road, single family dwellings / PDH-1
Daycare facility / PDH-1
Intersection of Pleasant Valley Road and Indian lake
Boulevard, open space / PDH-1
.
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed. There are no
significant environmental features on the site as it is developed as a
retail operation.
AICUZ:
The site is in an AICUZ of less than 65 dB ldn surrounding NAS
Oceana.
IMP ACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Indian
lakes Boulevard in the vicinity of the property is a 100 foot, four lane divided, collector road, as shown
on the MTP. Improvements are not anticipated for this roadway within the next five (5) years.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Indian lakes 8,273 ADT 13,100 ADT (level of Existing land Use ~-
Boulevard Service "C") - 20,700 ADT 2,114 ADT
1 (level of Service D"") Proposed land Use 3 -
3,293 ADT
Average Dally Trips
2 as defined by retail operation with convenience store
3as defined by addition of fuel pumps
WATER & SEWER: This site has an existing water meter that may be used or upgraded. The site is already
connected to City water and sewer.
The Comprehensive Plan recognizes this area as being within
the Primary Residential Area. The land use planning policies and principles for the Primary Residential
Area focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area. The established type, size, and relationship of
land use, both residential and non-residential, in and around these neighborhoods should serve as a
guide when considering future development.
COMPREHENSIVE PLAN
"Generally, in large suburban settings often characterized by many 'single use' zoning districts, land use
compatibility is achieved through the process of orienting similar or, at the very least, not incompatible
land uses and densities next to one another. While landscaped buffers, attractive site planning, quality
architecture and other techniques are sometimes the only option to help mitigate the impacts of adjacent
and incompatible land uses, it is the city's position that good architectural and site designs are not
acceptable substitutes for good land use planning. We must focus on applying sound land use planning
practices first, then address design considerations. As one travels outside the stable, low density, single-
family neighborhoods, there should evolve a coherent pattern of development depicting gradual increases
in residential densities and the introduction of neighborhood-serving commercial uses. Where residential
and commercial uses adjoin one another, the preferred land use relationship should reflect higher density
residential and lower intensity commercial uses." Page 90
Staff recommends denial of this EVALUATION AND RECOMMENDATION
application. Two (2) similar
requests for the addition of fuel sales to this property were both denied by City Council in 1985 and again
in 1987. The latter request was for a 24 by 24 foot canopy and fuel island.
The proposal is not in conformance with the Comprehensive Plan's recommendations for this area nor is
it compatible with the adjacent residential neighborhood. The Plan calls for established neighborhoods to
be protected against invasive land uses that due to their activity would tend to destabilize them. The
addition of the fuel pumps would increase the intensity of the existing commercial use in an area
. designated primarily as residential. The Indian lakes land Use Plan identifies this site as commercial
use but not as a service station. Commercial areas are intended to provide residents of the immediate
area with low intensity goods and services. Unfortunately, this proposed increase in intensity could result
in negative impacts for the residential area by increased traffic generation, noise and bright lights. Uses
such as fuel sales are more appropriately located in commercial corridors or on the fringes of
neighborhoods and only when effective protective measures are in place to protect surrounding
properties. Where commercial uses are adjacent to residential uses, the preference is for higher density
residential adjacent to lower intensity commercial. The mix of more intense commercial adjacent to
residential does not follow sound planning practices. Therefore, Staff cannot recommend favorably for
this request.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the property is redeveloped, in order to achieve a more coordinated design and development on the
site in terms of vehicular access, parking and landscape buffering, the "K & Son's Inc. Gas and Pump
Addition and Revitalization Plan," dated 3/1/2003 revised 5/2/2005, prepared by The Spectra Group, Inc.,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Revitalization Plan") shall be substantially adhered to.
PROFFER 2:
When the property is redeveloped, three (3) gasoline pumps shall be added as depicted on the
Revitalization Plan and the architectural design, materials and colors of the canopy will be substantially as
depicted on the exhibit entitled" LUKOIL - Pleasant Valley, " prepared by Pro Signs, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
("Canopy Elevation").
PROFFER 3:
When the property is redeveloped, the existing freestanding sign shall be replaced with a monument style
freestanding sign no greater than eight feet (8) in height with a base of split face block matching that on the
building. The existing dumpster shall also be relocated and screened as depicted on the Revitalization Plan.
PROFFER 4:
When the property is redeveloped, the existing entrances on to the Property from Indian Lake Boulevard
shall be consolidated and relocated as depicted on the Revitalization Plan. All lighting on the site shall be
consistent with those standards recommend by the Illumination Engineering Society of North American
(IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as party of
the formal site plan submission for review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and
operated as shown on the approved plan. All lighting shall be directed inward and downward within the site.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers are not acceptable to staff for the reasons stated above.
The City Attorney's Office has reviewed the proffer agreement dated May 31, 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.
I
I
u
AERIAL OF SITEt~i"/
4< '
,"'4,
, ::,\'ì
"
, í
/-
,..
::-
"
.~
..,..ã
! !:
iLS~
.-J"
10...
=:
-.---'
t~~tP;¡J~'" INDIAN LAKES BLVD.
(PROP. 1001 R/'W)
PROPOSED SITE
""'y" ," /
.r,,'
---..,¡.-
W"'01<~'_"'."""~".4'
PROPOSEDCANOPYEL.
]( &
03
1 01/05/87 CONDITIONAL USE PERMIT (fuel sales) Denied
2 03118/85 AMENDMENT TO THE LAND USE PLAN Denied
3 09/10/84 AMENDMENT TO THE LAND USE PLAN Denied
4 01/11/82 CHANGE OF ZONING (PD-H to PD-H1) Granted
ZONING
~'"
", "'W" , ,
.
'Z
0>
.......
~
c..;J
: ;
~
~
~
~
=
Q
~
0>
E--4
Z
~
~
~
.
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, re~1 estate services, financial services, accounting S6Nices, and legal
services: (Attach list if necessary)
SYkes, Bourdon, Ahern & Levy, P.C.
Th¡;t Spectra Group, Inc.
1 "Parenl-$ubsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more 'than 50 percent Of the
vothg power of another corporation." See state and Local GQvernment 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! busines$ 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 manag~ the two
entities; there are common or commingled funds ot assets; the business entìtie~$hare
the use of the sameoffíces or employees or otherwise share activities. rlilsourcès or
pe\"$onnel on a regular basis; or there. is otherwise a close W9r1<ing relationship
between the entities." See State and Local Government Confliclof Interests Act, Va.
CQ<Je § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true. and accurate.
lul)derstand that, upon receipt of notífication (postcard) that the apþhcation has been
schedlJleq for public hearing, I am responsible for obtaining and posting the required
sigl'l on the sUbject property at leas130 days prior to the scheduled public hearing
~c~~~~~.,t~n~e ins~.ct~~: \n this package.
By: -t::J/V-----\ -J\ Khalíd Saeed, President
AppUcant's Signature Print Name
Print Name
ProPerty ùwnør's Sig~l.Ite (if difførent than applicant)
Amendment to POH PI"" Appl.,.1iQn
Page 120f12
Revlw:t; 91112004
DISCLOSURE
"
Item #15
K & Sons, Inc.
Modification of the Indian Lakes Land Use Plan
1196 Indian Lakes Boulevard
District 2
Kempsville
September 14, 2005
REGULAR
Joseph Strange: The next item is Item #15, K & Sons, Inc. An Ordinance upon
application of K & Sons, Inc. for the Modification of the Indian Lakes Land Use Plan to
allow gasoline sales in conjunction with a convenience store on property located at 1196
Indian Lakes Boulevard, District 2, Kempsville with five proffers.
Dorothy Wood: Is there anyone here representing K & Sons?
=
Eddie Bourdon: I apologize. My good friend Ms. Connors and I were having a nice chat.
Alright. Again, for the record, my name is Eddie Bourdon, a Virginia Beach attorney and
I'm representing the applicant. First of all, and I apologize. I intended to make copies
but the copy machine and I didn't get along real well early this morning. I have a petition
and I actually would like to get this back so I can have copies made before this matter
goes to City Council. It's a petition signed by 1,041 who come into my client's business
seeking your support and Council's support for this application for three gasoline pumps
on this site. Again, I'll pass this around. I do not have copies for everyone. It is front
and back signatures. Also, I understand that this is better than anything. This is a request
that Mr. Din had to see what the pumps look like. These are what the proposed gas
pumps look like. Now, this is an application for a Modification to the Land Use Plan on
this property that is recommended for commercial. It has been a convenience store for
many years. My client, who has operated there for approximately four years recently was
able to acquire the property, and the adjacent property. He lives in the community. He
operates his business in the community. It's an older building. He didn't construct it. He
didn't have anything to do with the original development of it. I'm sure you all visited
the site and realize that it is a property that could use some upgrading. It could use some
investment. That is what he wishes to do. At the same time, there is a considerable
amount of support, as I expressed, that he has been receiving from the neighborhood.
There really aren't any gas facilities close by and I've driven around. It is an area that
really isn't served by any real gas other than out on Indian River Road. Three pumps he
proposes to put in front of the site with an attractive canopy, brick columns. He will
relocate the dumpster, which is in pretty visible location, screen it away from the
residential. It is now in this area along Pleasant Valley Road. He is going to re-landscape
the site and eliminate the existing curb cut here on Indian Lakes Boulevard so there will
be one entrance from Indian Lakes and one from Pleasant Valley. The main thing is the
landscaping and eliminating the dumpster here and putting it on this side and screening it.
There will be a significant upgrade on the property. There is an existing sign now, which
Item #15
K & Sons, Inc.
Page 2
is a pole sign and it is in bad shape and non-conforming. We're going to be eliminating
the sign. We will be going with an attractive monument style sign. This is a
neighborhood business that is there to support the residential and the people who live in
the residences. I understand some of the reason for the staff's opinion based on Getty Oil,
which developed the site many years ago attempted to gas approved here. There was a
member of the community, at that time whom was adamantly opposed to it, and
organized opposition within the community at that point before it was built, and that
individual is no longer living in this area. My client has gone to the Community
Association and was told that we certainly don't oppose you. At this point, I think it is
something that the community would like to see. It is something that will be an upgrade
on this piece of property. There is residential across the street and across both streets there
is open space common area between the backs of those houses and the roads themselves,
so there is some buffer. We would ask that it be approved and that the conditions and
there are none and have been put forth because it is a proffered plan because it is PD-H1.
I think it is something the community would like to see. We don't think limited scale
which is three pumps is going to present a problem with regard to nuisance.
Dorothy Wood: Eddie, I was happy to hear you say that they were upgrading the
building. We didn't have that on our plans. What are they going to do with the building?
=
Eddie Bourdon: I've misspoken. He would like to be able to upgrade the building and
bought the land adjacent to it but he's got to pay for it. He needs the gas to help pay for
it. He's got additional property that he is adding to it that will be able to be developed
when he is able to afford it. It's my fault. I misstated. He wants to be able to afford to
make upgrades over and above the ones that we have shown but he is not a big operation
like Wawa.
Dorothy Wood: I didn't see the upgrades. That is what I was asking you.
Eddie Bourdon: The upgrades are the landscaping. Once we can get that into the ground
and start producing the revenue so he can afford to get financing.
Dorothy Wood: I'm sorry. I misunderstood. I thought you said that he was going to
upgrade the building and improvements.
Eddie Bourdon: That is his desire to do that. This is a way to.
Dorothy Wood: But not at this time.
Eddie Bourdon: He's has to able to afford to do it. These costs that he is occurring,
eliminating the curb cut and putting up a new sign, and doing landscaping, these are also
costs but it's the first step in what he hopes to be a more comprehensive development and
redevelopment of the property.
I
L
Item #15
K & Sons, Inc.
Page 3
Dorothy Wood: Okay. Thank you. Are there any questions for Eddie?
William Din: Eddie, on your petition have you evaluated your petition to see how many
people actually live in this neighborhood or just passing through?
Eddie Bourdon: Well, I have not but my client has collected signatures over a long
period of time. This is a neighborhood business if you've been to the site. It is not a road
that garnishes a significant. If you look at the addressed they're primary addresses of
houses in this area. There is no doubt about that. May there be out of the 1,041 some
people who don't reside in this particular neighborhood? I'm sure there are but the mass
majority of them are people who live in this neighborhood.
William Din: Indian Lakes Boulelvard is a cut through from Providence Road down to
Farrell Parkway back and forth.
Eddie Bourdon: It's a cut through for the residents of that area. It is not a citywide type
of arterial highway. I mean it is to people who live in that general community that are the
ones who are using that road.
=
William Din: But you really haven't analyzed to see how many live in this area? It is not
just walk in traffic. Correct?
Eddie Bourdon: I'm sorry.
William Din: Is it walk in traffic?
Eddie Bourdon: They certainly have walk in traffic. Certainly.
Dorothy Wood: This wasn't like, and I think Mr. Din is saying that they didn't go door to
door in the neighborhood?
Eddie Bourdon: No. I apologize. I misunderstood you. No. They did not go door to
door in the neighborhood. He has talked to the Neighborhood Association and his
neighbors. He lives in the neighborhood. I'm not aware that he took the petition door to
door. He may tell me that he did.
William Din: So you're saying that he approached the civic leagues in this area and they
approved?
Eddie Bourdon: This community that the facility is in, absolutely. He met with them.
William Din: The Indian Lakes Civic League? Do you know what civic league?
Item #15
K & Sons, Inc.
Page 4
Eddie Bourdon: The Indian Lakes Community Association is what I understand to be the
entity.
William Din: They opposed no opposition to this?
Eddie Bourdon: Correct. In fact, they told him they would not oppose.
William Din: I do think that it is an increase in the intensity of the use of this area. I
agree with what staff has written up on this that it does provide an intensive use that is
highly a residential area. That is why I'm concerned with how many of these residents
were actually on this petition.
=
Eddie Bourdon: Most of them have addresses listed there. It's a community business and
my client tells me that he is active in the community. He lives in the community. He tells
me that the community supports what he is trying to do. It's three gas pumps. It's not a
Wawa, which is a great operation but were not talking about a large twelve pump
operation here. Three pumps. I pointed to a situation where there is a gas station on
South Lynnhaven at the entrance to Princess Anne Plaza that has been recently upgraded,
and pumps added. It looks good. It's right next to residential but is only a small
operation. I think in that case four pumps. So, this area is underserved by gas when you
drive around and look there really isn't any. I think that is the reason why there is a
significant amount of support for it. I understand staff having a similar application
having been denied by City Council 15 years ago. It's kind of difficult for them to take
the position that they favor it when there has already been a Council action denying it.
I'm not taking any vows with the staff but I think there has been an evolution of thought
in this particular community, and I can certainly understand why there would be support
for it.
Dorothy Wood: Barry? Oh, I'm sorry.
William Din: I understand that the landscaping is a condition here. Correct? The
landscaping around the site is going to come in.
Eddie Bourdon: Totally re-landscaped. The dumpster moved and screened. Sign
removed and replaced with a monument style sign. We proffered the canopy elevation
with the brick columns. They have shown you what it looked like.
William Din: The building itself is not going to be renovated? Not going to be painted
or anything? You know, some improvements to it.
Eddie Bourdon: In terms of if you want to suggest that it be painted, I don't think my
client is adverse to that. He would really like to do is be in a position within a few years
to be able to do basically a total redo on the building. He is just not in a position
financially to be able to afford to do that at this point. If you want to suggest a condition
Item #15
K & Sons, Inc.
Page 5
that the building be repainted, I don't think he would be adversed to doing that. He is not
in a position to do what he ultimately would like to do from a financial standpoint.
William Din: Do you know what neighborhood he lives in around here?
Eddie Bourdon: He lives in Indian Lakes. He lives in that neighborhood.
Dorothy Wood: Barry.
=
Barry Knight: I see down here where it says it is zoned for neighborhood commercial.
There may be a technical set of criteria for neighborhood commercial that I kind of
wonder when the neighborhood if the biggest majority of the people who signed the
petition live in the neighborhood and they are for this type of commercial or this type of
gas pumps. If they want it then maybe it meets the criteria of the neighborhood
commercial. If you could, put the aerial up please? Eddie, can you show us. There is a
buffer zone around the yellow line. I believe that is all zoned the same zoning on there. I
anticipate some time in the future that will probably be developed as neighborhood
commercial. It may be a buffer zone if one is even needed between them and the
residents. Then you go across the street and that looks like it is designated as open space.
It looks like we may have a buffer zone with these gas pumps or with this convenience
store. If we have all these 1,041, although I did note that one person on there objected so
maybe your down to 1,040 but you do have some numbers on there. It looks like the
neighborhood or the biggest majority that signed the petition I assume are from the
neighborhood are in favor of it. I understand the staff s recommendation but I kind of
think it wouldn't be quite as intrusive as I first thought. I guess that is just my
observation.
Eddie Bourdon: You're correct. This is all commercial designation. This is open space
here and here along Indian Lakes Boulevard. It's all residential. There wouldn't be, and
it doesn't set a precedent for the leapfrog across the street.
Dorothy Wood: You know, we did talk this morning about our design awards and
making sure that this is a design that makes sure the building fits.
Barry Knight: That is why I'm kind of wondering if the gas pumps are approved and they
put a new style canopy in there, and once they dig up that parking lot then of course, that
is going to be totally asphalted. I'm sure we wouldn't consider approving this unless we
did ask him to, at the very minimum paint the building. Its kind of where I was going on
that. I kind of think that if we left it as is, it would be status quo, and if we maybe
approved it with a condition or two, it would maybe be an upgrade.
Dorothy Wood: Unless he spent his money now creating it and then coming back with
the pumps. Jan.
Janice Anderson: I have some concerns about putting gas at this site. It is in a residential
Item #15
K & Sons, Inc.
Page 6
area. And even though the petition has been signed. That is one factor to look at and it is
an important factor but is not the whole basket that you got a petition signed that they
want that and it should go. I think it is important factor but if you look at other items.
The concern that I have is adding the canopy and three gas pumps. I don't think it adds to
much of the site attractiveness. I don't think it is a full improvement really in total. It is a
definitely a more intense use. You're going to have a lot more traffic in this area because
you're going to have gas pumps. It is just putting a drive thru on the comer it attracts so
much more traffic than the facility that doesn't have a drive thru. Gas pumps are going to
do the same. You're going to have a lot more people stopping there then you do just for
the convenience. And, my other concern is that it is zoned right next to it the
neighborhood businesses, from my understanding is kind of like the B-1 Neighborhood
zoning and if you put gas there, I think it would flow to the other parcel that had a more
intense use to other parcels rather then keeping them a neighborhood business. Those are
my concerns.
Dorothy Wood: Ron.
=
Ronald Ripley: I'm kind of going on with what Barry said. I do appreciate the intent to
keeping the neighborhood commercial. It's not a mega corner and a mega flow of traffic
going through here. What would be important to me is to see some attention paid to this
building that is acceptable to the Planning Director, and perhaps if you looked at the
building from the neighborhood backs and sides, the foundation and landscaping around
there that would help mitigate that too. I like the landscaping along Indian Lakes and
Pleasant Valley. I think that is good and that is going to help a lot. So, I would be
supportive of the application providing that some redevelopment would occur to this
building that would be acceptable to Mr. Scott and his staff. The parking lot is going to
get ripped up. I assume the tanks are going in the ground where the asphalt is? Am I
correct?
Eddie Bourdon: You are correct Mr. Ripley.
Ronald Ripley: So you will have new asphalt and new canopy out there.
Eddie Bourdon: New parking lot. We will are certainly willing to work with the
Planning Director and the Zoning Administrator. We don't have a problem with a new
site plan putting down a foundation of landscaping and painting the building. If there are
any other upgrades that might be suggested that would not be astronomical in cost, my
client, who is here, will be happy to try to incorporate that into it. The idea is to upgrade
the site. The surrounding commercial doesn't change with this.
Dorothy Wood: Eddie, they just won't be patching the asphalt. They're totally going to
replace it.
Item #15
K & Sons, Inc.
Page 7
Eddie Bourdon: I think that is what is going to have to happen given the improvements.
He is also eliminating a curb cut. They're putting a gutter along Indian Lakes Boulevard.
That is another benefit of that. There are two curb cuts there now and there will only be
one. That is also an expense. There is going to be a lot of work done that will be a
positive nature on this site.
Dorothy Wood: Gene.
Eugene Crabtree: I sort of go along with Barry and Ron. I feel like that something
should be done to the building but I don't think we need to look at past history because if
we look at past history then we're just going to stay and stagnant and we're not looking at
future economic development, which we were talking about doing in the City. If we
don't do something to upgrade pieces of property like this then it just stays there the way
it is. It does nothing and we don't improve anything. Maybe this is the first step in
improving that particular maybe for economic development in there. There is a lot of
wide-open space around. It doesn't look like it is going to be intrusive on anybody and
therefore if there were improvements to the building, and upgrade the site to make it look
a little bit better, I think I would be in favor of supporting this application.
Dorothy Wood: Joe.
=
Joseph Strange: I'm surprised because we don't have anybody here to speak in
opposition that I know of. No one signed up. It is kind of me, personally, maybe I
shouldn't speak personally but it is kind of funny that nobody has shown up with them
putting a gas station right in the middle of this development because that is exactly what
you're doing here. Having said that and since there is no opposition, I do think if we're
going to approve this that we ought to extract something out of this as far as the building
because as you can see it, nothing doesn't seem like anything has been done to this piece
of property in the last 15 years to upgrade it or put in any types of shrubs out or anything
else. I mean, I think at the very least we need to extract something out of this if we're
going to approve to put gasoline.
Dorothy Wood: I agree with you. I couldn't support it unless they were going to redo the
building.
Eddie Bourdon: If I could add, the site has actually been up for two months. It was on
the agenda last month.
Dorothy Wood: Thanks Eddie.
Eddie Bourdon: We're willing to work with you.
Dorothy Wood: On the building? That is what we're all asking for.
Item #15
K & Sons, Inc.
Page 8
Eddie Bourdon: There isn't an ability financially to tear the building down and build a
new building. Again, we're not dealing with a major oil company here. This is a one
man, one family, mom and pop business and he's invested a lot of money just to buy it.
He didn't create it. He just recently purchased it. He agrees with me. He is trying to
upgrade the site. It's one of those deals where Rome wasn't built in a day. He's not in a
position financially to be able to just simply bulldoze what's there and start over again.
Dorothy Wood: Of course his spending doesn't ask him for something and this is what
we're asking for in return.
Eddie Bourdon: He's willing to do the landscaping. He's willing to paint the building. I
don't know how you would begin to suggest how would you remodel the building? You
would have to tear it down.
Dorothy Wood: I have no idea. Will.
=
William Din: Well, I don't think I'm talking about remodeling the building as a saving
grace for this. I don't think I'm in favor of putting fuel pumps in this area. This is in the
middle of a residential area. It does and it will lead to other commercial uses into this
area, which I don't think needs to go into the middle of a residential area that this is in. It
is a PD-H area. It hasn't been developed because I think there is enough commercial on
the end of Indian Lakes Boulevard and to the Kempsville River area also, and also future
west toward Kempsville, and where Providence comes in. And for that reason, I think
putting an intense use like this would lead to other commercial building in this area,
which I don't believe is needed in the middle of a residential area. The intensity of a gas
pump is, I think is going to destabilize this area to some degree. The commercial aspect
of it, I don't believe is really needed in this area. So, I will be voting against this
application. I don't believe that even remodeling the building is going to quite do that.
Dorothy Wood: Mr. Waller.
John Waller: I agree with Will. I don't think putting gas pumps or anything you do that
to that building is going to help that site at all. It's a nice piece of land. Good location.
It's the wrong building. It's the wrong use for it. I'm going to vote against it.
William Din: I would like to make a motion that we deny this application.
John Waller: I'll second the motion.
AYE 5
NAY 4
ABSO
ABSENT 2
ANDERSON
CRABTREE
DIN
AYE
NAY
AYE
Item #15
K & Sons, Inc.
Page 9
HORSLEY
KASTIAS AYE
KNIGHT NAY
MILLER
RIPLEY NAY
STRANGE AYE
WALLER NAY
WOOD AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 5-4, the Board has denied the application of K & Sons, Inc.
=
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6204
FROM:
DATE: September 28, 2005
Leslie L. Lilley DEPT: City Attorney
'~
B. Kay WiISO~ DEPT: City Attorney
TO:
RE:
Conditional Zoning Application; K & Son's, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 11 2005. I have reviewed the subject proffer agreement, dated
May 31,2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~m SVHS. !JOURDaN.
mu AllfRN & 1M. P.C
K & SON'S, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31st day of May, 2005, by and between K &
SON'S, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a two (2) parcels of property located
in the Kempsville District of the City of Virginia Beach, containing approximately
30,341 square feet of land which are more particularly described as Parcels 1 and
2 in Exhibit "A" attached hereto and incorporated herein by this reference. Said
parcels are herein referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to modify the PDH-1 Land Use Plan with a B-2 Commercial
Designation applicable to the Property to permit the sale of gasoline; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
GPIN: 1465-89-6856
1465-89-5885 (Part)
1
PREPARED BY:
~.m SYIŒS. ROURDON.
mn MlmN & LM. P.c
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantor's
rezoning application gives rise; and
WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and
prIor to the public hearing before the Grantee, as a part of the proposed
modification to the PDH-1 Land Use Plan applicable to the Property in addition to
the regulations provided for the PDH-1 and B-2 Zoning Districts by the existing
overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part
of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW,
THEREFORE,
for
itself,
personal
its
Grantor,
successors,
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is redeveloped, in order to achieve a more
coordinated design and development on the site in terms of vehicular access,
parking and landscape buffering, the "K & SON'S INC. GAS AND PUMP
ADDITION AND REVITALIZATION PLAN", dated 3/1/2003 revised 5/2/2005,
prepared by The Spectra Group, Inc., which has been exhibited to the Virginia
2
PREPARED BY:
~m SYIÜ:S. ROURDON.
mil AIlmN & lM. P.c
Beach City Council and is on file with the Virginia Beach Department of Planning
("Revitalization Plan") shall be substantially adhered to.
2. When the Property is redeveloped, three (3) gasoline pumps shall be
added as depicted on the Revitalization Plan and the architectural design,
materials and colors of the canopy will be substantially as depicted on the exhibit
entitled "LUKOIL - Pleasant Valley," prepared by Pro Signs, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Canopy Elevation").
3. When the Property is redeveloped, the existing freestanding sign
shall be replaced with a monument style freestanding sign no greater than eight
feet (8') in height with a base of split face block matching that on the building.
The existing dumpster shall also be relocated and screened as depicted on the
Revitalization Plan.
4. When the Property is redeveloped, the existing entrances on to the
Property from Indian Lakes Boulevard shall be consolidated and relocated as
depicted on the Revitalization Plan. All lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of
North America (IESNA). A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices.
Lighting shall be installed and operated as shown on the approved plan. All
lighting shall be directed inward and downward within the site.
5. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
3
PREPARED BY:
53IB STIIS. ROURDON.
m AIImN & lffi'. P.C
or substantially revised Zoning Ordinance until specifically repealed.
The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
Grantor covenants and agrees that:
(1)
The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2)
The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
4
PREPARED BY:
~m SYKIS. RûURDON.
mu Am~RN & UW. P.C
of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and
the Grantee.
5
PREPARED BY:
¡;JIB SYIŒS. ROURDON.
mil AliI:RN & LM. P.c
WITNESS the following signature and seal:
GRANTOR:
K & Son's, ¡nc:, a vlinia corporation
BY:-tr j I
Kh Id Saeed, PresIdent
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1st day of June,
2005, by Khalid Saeed, President, K & Son's, Inc., a Virginia corporation,
Grantor.
/1.
L!i. -- ¡/ ;/ /!" ' . /' ~.
,~'- / '--',_~//'-I,/",
\Y'-V¿-~j - N, )} 7"¿M:" - (/
"" ~ 'I '
Notary Public
My Commission Expires: August 31, 2006
6
PREPARED BY:
13m SYIG::S. ROURDON.
"11 AIlmN & LM. P.c
EXHIBIT" A"
PARCEL 1:
ALL that certain lot, piece or parcel of land, together with the buildings and
improvements thereon, situate, and being in the City of Virginia Beach, Virginia,
being known, numbered and designated as Parcel C-I-B as shown on that certain
plat entitled "Subdivision of Parcel C-l, Map Book 181, Page 24, Kempsville
Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering,
Ltd., dated January 6, 1987 and last revised on April 2, 1987, which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2637, at Page 1808, reference to which plat is hereby made
for a more particular description of the property.
GPIN: 1465-89-6856
PARCEL 2:
Part of that certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Parcel C-
1-1 as shown on that certain plat entitled, "Subdivision of Parcel C-l, Map Book
181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway
Surveyors and Engineering, Ltd., dated January 6, 1987 and last revised on April 2,
1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Deed Book 2637, at Page 1808, containing
6262 square feet as depicted on the plan entitled "K & Son's, Inc. Gas Pumps
Addition and Revitalization Plan", prepared by The Spectra Group, Inc., dated
3/1/2005.
GPIN: 1465-89-5885 (Part)
CONDITIONALRZONE/ SAEED /PROFFER
7
,{~&
&.~.t...... ..\~.)
(01 . U,
\~.\~ Ii}
~~~..-;;~~J
~~.;r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Charles H. Dawson and Sandra T. Dawson - Change of Zoning District
Classification
MEETING DATE: October 11, 2005
.
Background:
An Ordinance upon Application of Charles H. Dawson and Sandra T. Dawson for
a Change of Zoning District Classification from 0-2 Office District to Conditional
B-2 Community Business District on property located at 138 South Rosemant
Road (GPIN 14876332370000). The Comprehensive Plan designates this site
as being part of the Primary Residential Area, suitable for appropriately located
suburban residential and non-residential uses consistent with the policies of the
Comprehensive Plan. DISTRICT 3 - ROSE HAll
This matter was deferred indefinitely on July 5, 2005.
.
Considerations:
There is an existing 9,775 square foot office building on this site with 51 parking
spaces. The applicant is requesting a change of zoning from 0-2 Office to
Conditional B-2 Community Business District in order to accommodate a wider
range of business uses seeking space to lease. The building is fully occupied at
this time.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. Most of the surrounding commercial areas along
Rosemant Road are currently zoned B-2 and staff considers the proposed B-2
Community Business District zoning category to be more appropriate for the size
and location of this parcel than the existing 0-2 Office zoning designation. The
B-2 zoning would limit the height of any structure to 35 feet whereas there is no
height limitation with the existing zoning of 0-2. In addition, the applicant has
proffered to restrict uses to those that are most compatible with residential areas
and there is sufficient parking on site to accommodate mast business uses. The
proposal is compatible with the adjacent residential neighborhood as well as the
business areas.
The Planning Commission placed this item on the consent agenda because they
felt that the change in zoning is more appropri.ate for this area.
Charles and Sandra Dawson
Page 2 of 2
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request, as proffered.
.
Attachments :
Staff Review
Disclosure Statement
Planning Commission Minutes
location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:~ 1 L . ~ ~
CHARLES AND
SANDRA
DAWSON
Agenda Item # 11
June 8, 2005 Public Hearing
Staff Planner: Barbara Duke
REQUEST:
Chanae of Zonina District Classification
from 0-2 Office District to Conditional B-
2 Community Business District.
ADDRESS I DESCRIPTION: Property located at 138 South Rosemont Road
GPIN:
14876332370000
COUNCIL ELECTION DISTRICT:
3 - ROSE HALL
SITE SIZE:
19,500 Square Feet
SUMMARY OF REQUEST
This item was deferred by the Planning Commission to allow the applicant to be present at the
hearing to answer questions concerning the use of the property for a limousine service. The
applicant intends to be present at this hearing. In response to concerns about parking the
limousines on the site, the applicant has proffered to install street front landscaping as noted in
bold in the evaluation section of this report.
There is an existing 9,775 square foot office building on this site with 51 parking spaces. The applicant is
requesting a change of zoning from 0-2 Office to Conditional B-2 Community Business District in order to
accommodate a wider range of business uses seeking space to lease. The building is fully occupied at
this time.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: 9,775 square foot office building with 51 parking space.
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
1-264 Rosemont Interchange
Auto Glass Repair Shop / B-2 Community
.
CHARLES AND
East:
West:
.
Single Family homes / R-7.5 Residential District
1-264 Rosemont Interchange
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features on this
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):
Rosemont Road is a four lane divided urban minor arterial street. Rosemont Road is shown with an
ultimate width of between 100 feet and 165 feet for the section between Holland Road and 1-264 on the
Master Transportation Plan. The existing width along the frontage of the subject site is 70 feet. There is
no CIP Project or funding identified for this road widening; however, it has been included in the Long
Range Regional Plan produced by the Hampton Road Planning District Commission.
The Master Transportation Plan also indicates future improvements to the Rosemont Road/I-264
Interchange. The City is currently working with the Virginia Department of Transportation (VDOT) to
study this interchange, along with several other key interchanges within Virginia Beach along 1-264.
The applicant is fully aware of the impact these future roadway improvements will have on the property.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Rosemont Road 34,295 ADT 22,800 ADT I (Level of Existing Land Use ¿-
Service "D") - 27,400 ADT 223 ADT
1 (Level of Service "E") Proposed Land Use 3 -
267
Average Dally Tnps
2 as defined by office use
3 as defined by office and business use
WATER AND SEWER: This site is connected to City water and City sewer.
The Comprehensive Plan designates this area as being within
the Primary Residential Area. The Plan states that "Limited commercial or institutional activities providing
desired goods or services to residential neighborhoods may be considered acceptable uses on the edge
of established neighborhoods provided effective measures are taken to ensure compatibility and non-
proliferation of such activities.'
COMPREHENSIVE PLAN
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the proffers submitted by the applicant with the rezoning.
The proffers are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Most of
the surrounding commercial areas along Rosemont Road are currently zoned B-2 and staff considers the
proposed B-2 Community Business District zoning category to be more appropriate for the size and
location of this parcel than the existing 0-2 Office zoning designation. The B-2 zoning would limit the
height of any structure to 35 feet whereas there is no height limitation with the existing zoning of 0-2. In
addition, the applicant has proffered to restrict uses to those that are most compatible with residential
areas and there is sufficient parking on site to accommodate most business uses. The proposal is
compatible with the adjacent residential neighborhood as well as the business areas.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Property shall be used for uses permitted in the B-2 District, along with accessory parking and other
accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2
District: (a) pounds; (b) shelters or commercial kennels; (c) beverage manufacturing shops; (d) bingo halls;
(e) body piercing establishments; (f) borrow pits: (g) eatery and dining establishments with drive through
windows; (h) heliports and helistops; and (i) tattoo parlors; (j) gas stations; (k) auto sales; (I) car washes; (m)
auto repair; (n) boat sales; (0) bulk storage.
PROFFER 2:
Grantor shall install street front landscaping as approved by the Planning Director in the existing ten
foot wide green space between the sidewalk and the parking lot along Rosemont Road.
PROFFER 3:
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 as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated February 11, 2005 and it to be legally
sufficient and in acceptable legal form.
CHARLES AND
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.
z
0
¡:::
<C
0
0
..J
W
t:
en
LL
0
..J
~
a:
w
<C
CHARLES AND
Sandra Dawson
°B-2
>
a:
0
I-
en
-
:I:
"
Z
-
Z
0
N
1.
2.
11/05/84
11/22/82
08/26/97
09/09/03
12/10/02
OS/25/04
Conditional Use Permit (auto glass shop)
Conditional Use Permit (mini-warehouse)
Conditional Use Permit (expansion)
Conditional Use Permit (auto sales & repair)
Conditional Use Permit (auto sales & repair)
Conditional Use Permit (expansion)
APPROVED
APPROVED
APPROVED
APPROVED
APPROVED
APPROVED
3.
4.
CHARLES AND SANDRA DAWSON
Agenda Item .... 11
.p 6
~
œ
i
g
{}
š
I
I(
11:1 .,
¡ i
- t;
~ l
¡:¡ rl
.~ ~
:;> E
4\ '1>
J;;; E
~ i
~ .::
g¡ ~
;¡ ~
'"
E
'"
t::
!
£
j
.~
;jj
i
I
i
:It:
~
!
it
i
'"
!
~
..
6
i!J
lj;i
I
$
ð
t;¡:
ì
c.
'..
:>
ff}
Ef
.E
~
'"
íõ
~
~f
""
1
í
~
J
I I
¡;; :>
1 ! ~.
¿ d j
~ !
~ I
¡...
i~ ~
!;/ IJJ
S ~
G' QI;
CI. @
¡
fj
iT
""
Q;
.,;)
I
,
1$
(}
CHARLES AND SANDHA DA
AQênda Ite
Item #11
Charles H. Dawson and Sandra T. Dawson
Change of Zoning District Classification
138 South Rosemont Road
District 3
Rose Hall
June 8, 2005
COSENT
William Din: My last item on the consent agenda is Item #11 Charles H. and Sandra T.
Dawson. This is a Change of Zoning District Classification from 0-2 Office District to
Conditional B-2 Community Business District on property located at 138 South
Rosemont Road in the Rose Hall District. This is a proffered item.
John Richardson: Thank you Mr. Din. My name is John Richardson. I'm a local
attorney and I represent the applicant. We have reviewed the proffers and they are
acceptable. Thank you to the Commission.
William Din: Thank you Mr. Richardson. Is there any objection to placing this item on
consent? If not, Gene Crabtree will speak on this item.
Eugene Crabtree: We deferred this item at last meeting because there was some question
about parking of the vehicles on the property. This property is known as the Sun
Building has been there for many years. It has been used for all types of different things.
It has had businesses in it and it has been pretty well occupied over the years. Currently
Mr. Dawson has a business in there, and also runs a limousine service out of there. There
was some question about the parking of the limousines but I think that has been cleared
up between last month and now as to the way he is going to handle the limousines. This
property by the Comprehensive Plan is recommended within the primary residential area
but Rosemont Road itself is a business street. It has businesses all along there. There are
very few office buildings in that area, and consequently since the entire is primarily
businesses to start off with, and also in the long range plan there is probably some
question as what is going to happen with this property, if and when the intersection to 1-
64 is improved there at Rosemont Road but the applicant, I think understands the
possibility that it might happen in the future. There are three proffers with this and they
have agreed with all of these, and all of the codes that go along with these. Therefore, we
felt like it was appropriate to put it on the consent agenda.
William Din: Thank you Gene. I would like to make a motion to approve the following
item, Item #11 Charles H. and Sandra T. Dawson for a Change in Zoning District
Classification from 0-2 Office District to Conditional B-2 Community Business District
on property located at 138 South Rosemont Road in the Rose Hall District.
Dorothy Wood: Thank you sir. Do I have a second?
Item #11
Charles H. Dawson and Sandra T. Dawson
Page 2
Donald Horsley: Second.
AYE 9 NAY 0 ABSO
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KA TSIAS
KNI G HT AYE
MILLER AYE
RIPLEY
STRANGE AYE
WALLER AYE
WOOD AYE
ABSENT 2
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved Item #11 for consent.
Dorothy Wood: Thank you very much. It was certainly a record for us.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6160
DATE: June 29,2005
TO:
Leslie L. Lilley
DEPT: City Attorney
FROM:
William M. Macali
DEPT: City Attorney
RE:
Conditional Zoning Application; Charles Dawson
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on July 5,2005. I have reviewed the subject proffer agreement, dated February 11, 2005,
and have determined it to be legally sufficient and in proper legal form. A copy ofthe agreement is
attached.
Please feel free to call me if you have any questions or wish to discuss this matter further.
BKW /nlb
Enclosure
cc: Kathleen Hassen
r
CHARLES H. DAWSON
SANDRA T. DAWSON
To
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
THIS PROFFER AGREEMENT ("Agreement") made this 11th day of February, 2005, by and
among CHARLES H. DAWSON and SANDRA T. DAWSON (collectively the "Grantor"); and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the
"Grantee") .
RECITALS:
A.
Grantor is the owner of a certain parcel of property located in the City of Virginia Beach
being briefly described as Lots 9, 10 & 11, Section 1, Westmoreland Estates, 138 South Rosemont Road,
and more particularly described upon Exhibit A attached hereto and made a part hereof.
B.
Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by
petition of Grantor addressed to Grantee to change the zoning classification of the property to Conditional
B-2 Community Business District. The proposed amendment is made pursuant to the tenns ofthe City
Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the
date of this Agreement (the "City Zoning Ordinance").
c.
Grantee's policy is to provide for the orderly development of land for various purposes,
including commercial purposes, through zoning and other land development legislation.
D.
Grantor acknowledges that in order to prevent incompatible land use, reasonable
conditions governing the use of the Property, in addition to the regulations generally applicable to land
zoned B-2 as specified in the City Zoning Ordinance, are required to address the project proposed in
Grantor's rezoning application.
PREPARED BY: JOHNW.RICHARDSON,ATTORNEY AT LAW
GPIN NO. 1487-63-3237-0000
r
F.
Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as
a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the
City Zoning Ordinance for the B-2 zoning district, reasonable conditions outlined in this Agreement
related to the development and operation of the Property. These conditions will be adopted as a part of
the amendment to the Zoning Map relative to the Property, and have a reasonable relation to the use of the
Property as rezoned B-2 and are needed as a result of the rezoning.
G.
The conditions outlined in this Agreement have been proffered by Grantor and allowed
and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map.
These conditions shall continue in full force and effect until a subsequent amendment changes the zoning
the Property; provided, however, that such conditions shall continue if the subsequent amendment is party
of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The
conditions outlined in this Agreement may be amended only by following the procedures and recording
the documents as outlined and required in the City Zoning Ordinance.
NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in
title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its
governing body and without any element or compulsion or quid 1lli!
quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following
declaration of conditions and restrictions governing the use and physical development and operation of
the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall
constitute covenants running with the Property, which shall be binding upon the Property, and upon all
persons and entities claiming under or through the Grantor, his heirs, personal representatives, successors
and assigns, grantees and other successors in interest or title to the Property; namely:
1.
The Property shall be used for uses permitted in the B-2 District, along with accessory
parking and other accessory site features, with the exception of the following uses, which are otherwise
permitted in the B-2 District: (a) pounds; (b) shelters or commercial kennels; (c) beverage manufacturing
shops; (d) bingo halls; (e) body piercing establishments; (f) borrow pits; (g) eating and drinking
2
f
establishments with drive through windows; (h) heliports and helistops; (i) tattoo parlors; (j) gas stations;
(k) auto sales; (1) car washes; (m) auto repair; (n) boat sales; and (0) bulk storage.
2.
Grantor shall install street frontage landscaping as approved by the Planning Director in
the existing ten foot wide green spaces between the sidewalk and the parking lot along Rosemont Road.
3.
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.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to the
City Zoning Ordinance of the City of Virginia Beach, in force as of the date of the conditional rezoning
amendment is approved by the Grantee.
5.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions
specified in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance
with such conditions, and (ii) the bringing oflega1 action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (d) the failure to meet all conditions shall constitute cause to deny the issuance
of any of the required building or
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
3
'occupancy pennits as may be appropriate; (3) if aggrieved by any decision of the Zoning
Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or
this Agreement, the City shall petition the governing body for the review thereof prior to
instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on
the map the existence of conditions attaching to the zoning of the subject Property on the map
and that the ordinance and conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantor and Grantee.
WITNESS the following signatures and seals:
T
SANDRA T. DAWSON
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
--
I, Jv..~ A.\..o I ~f') , the undersigned, a Notary Public in and for the
City and State afåresaid, do hereby certify that Charles H. Dawson and Sandra T. Dawson,
whose names are signed to the foregoing instrument, have sworn to, subscribed, and
LtknoWledged the same before me in my City and Stat~ aforesaid this ~ day of
~~\ [, ,2005. The said Charles H. Dawson and Sandra T. Dawson are ~
personally known to me; or - have produced for identification
purposes.
My Commission Expires:
~.a."V)~
ary bhc
q-J(J - 200 (¡J
4
EXHIBIT A
LEGAL DESCRIPTION
ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements
thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach,
Virginia, designated and described as Lot Numbers Nine (9), Ten (10) and Eleven (11), on that
certain plat made by C. A. Bamforth, Surveyor, dated April 22, 1952, and entitled
"WESTMORELAND ESTATES, SECTION 1" which said plat is recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia, in
Map Book 32, at page 3.
LESS AND EXCEPT those certain portions of the respective lots that were acquired by the
Commonwealth of Virginia by Certificate filed July 9, 1964, on behalf of the State Highway
Commissioner of Virginia and recorded in the aforesaid Clerk's Office in Deed Book 911, at
page 44, which said Certificate was confirmed by the Order of the Circuit Court of the said City
entered December 2, 1965, and recorded in the aforesaid Clerk's Office in Deed Book 937, at
page 697.
IT BEING the same property conveyed to Charles Dawson and Sandra Dawson by deed from
Atlantic Telecom Services, Inc., recorded August 16,2001 in the Clerk's Office of the Circuit
Court ofthe City of Virginia Beach, Virginia in Deed Book 4483, at page 1007.
5
Sandra Dawson
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Steven Krever - Change of Zoning District Classification
MEETING DATE: October 11, 2005
.
Background:
An Ordinance upon Application of Steven Krever for a Chanqe of Zoninq
District Classification from 0-2 Office District to Conditional B-1 Neighborhood
Business District on property located at 3712 South Plaza Trail (GPIN
14875015970000). 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 rezoning is to allow a
delicatessen and other uses on the property. DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant proposes to rezone the existing office property to B-1
Neighborhood Business District in order to operate a delicatessen restaurant.
No changes to the exterior of the existing building or parking lot are proposed
with the exception of the addition of landscaping that the applicant has
proffered.
The Planning Commission placed this item on the consent agenda because
they felt that the rezoning and the proposed use are appropriate for this
location. The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The rezoning to B-1 Neighborhood Business
District with proffered conditions will allow a small delicatessen with no drive
through window and no alcoholic beverages to operate in conjunction with the
established office uses on the site. As proffered, the delicatessen is
compatible with the adjoining residential neighborhood and more appropriate
than many uses allowed by right in the existing unconditional 0-2 Office
District.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to
approve this request, as proffered.
.
Attachments:
Staff Review
Steven Krever
Page 2 of 2
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manager: ~ ~ . ~~
REQUEST:
STEVEN KREVER
Agenda Item # 14
September 14, 2005 Public Hearing
Staff Planner: Barbara Duke
Chanqe of Zoninq District Classification from 0-2
Office District to Conditional B-1 Neighborhood
Business District.
ADDRESS ! DESCRIPTION: Property located at 3712 South Plaza Trail
GPIN:
14875015970000
COUNCIL ELECTION DISTRICT:
3 - ROSE HALL
SITE SIZE:
.58566 acres
This item was deferred from the August public hearing at the request of the applicant to work with staff
on the proffer agreement.
The applicant proposes to rezone the existing property to B-1 SUMMARY OF REQUEST
Neighborhood Business District in order to operate a
delicatessen restaurant. No changes to the exterior of the existing building or parking lot are proposed
with the exception of the addition of landscaping that the applicant has proffered.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Existing office building and parking
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
.
Child day care center! 0-2 Office District
South Plaza Trail
Office building/ 0-2 Office District
Presidential Boulevard
.
.
.
NATl:JRAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resource or cultural features on this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
No measurable impact on city services is anticipated with this rezoning.
The Comprehensive Plan recognizes this area as being within
the Primary Residential Area. The land use planning policies and principles for the Primary Residential
Area focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area. The established type, size, and relationship of
land use, both residential and non-residential, in and around these neighborhoods should serve as a
guide when considering future development.
COMPREHENSIVE PLAN
Staff recommends approval of this EVALUATION AND RECOMMENDATION
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 rezoning to B-1 Neighborhood Business District with proffered conditions will allow a small,
independently owned delicatessen, the epitome of a neighborhood use, to operate in conjunction with the
established office uses on the site. The B-1 Neighborhood Business District is more appropriate for this
location at the entrance to this residential area than the existing unrestricted 0-2 Office District zoning.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Property shall be used for business offices as permitted in the B-1 District, and less than 50% shall be
used for a restaurant without drive-through windows provided that products prepared or processed on the
premises shall be sold only as retail. Also, there shall be no sale or serving of alcoholic beverages at the
restaurant.
PROFFER 2:
Grantor shall install foundation landscaping as approved by the Planning Director. Grantor shall also install
street frontage landscaping as approved by the Planning Director in the existing green spaces between the
sidewalk and the parking lot along South Plaza Trail and Presidential Boulevard.
PROFFER 3:
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 August 16, 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 al/ 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.
AERIAL VIEW OF SITE LOG~,
d¿ '"
_.
" -". ....
(M/~ .09) '~'e 'Vu.N301S3~d
EXISTING SITE SURVEY
""+/+/':'>"""'" >,'%
'.
~
'
Mar G-7 Steven Krever
MoD No to Scole
~ ~c-- yl 1!J"~ ~¿'/I ~~\j~
0 ï- IsJ ~.Q (J r-----.
0 ~ ., WI:ï5~OODS . V tJ 0 -I. oœ:7 ~01
N ~ ~ ~ " 1 q¡; 'Ti>\ 't::fl: ~
TENTA". OC..OOL ¡~ L.J 0 Ù ()' (I oDp ~~ ~
' Ô 0 - CT. 0 6
7 5 -- \]29 SllEN~~ IX\ C) ~ ~~(}o
R - D B2 032 ~ 001 r-'I D f'a C@¡
0 q~ 038 r-- ~ ruP- O~ .. \ 0
r'-P J "" j\ gO QJS" 0 ~ '5 i ""
~ 032 0 Jì ~ í 0:;:0--
0 QL=j,Co1LJ -:,~ L ~ "'1, = ~
r-- ~ ~ ~ B1 ~ " (
~ I.' .""A. n OOC Z -
~ 010 [~~H~~ ð ~?- ~ 0 0 ~~!p'
Q7\rj Q 0 [;J ~ c II;. 1/ ///1Y C r~~ - \~ í
..i
- ¡:~ a 0193 ~C& Û . ¡;;:.ç ~~(;\n ~ = ->- r-
-, ~ 10 "",,¡\[ [00) - ~- ~,-- ----::: (
--' --A fR. 001 "tI [18
\ "'. p! .AL.. ~\ 005\ t!Je :;:
==- -=' 001 U Q D 0 CO) ~
1\' 014 Q~ 04 r- ~ 13-
-- I lð\O}3Q\§ 7h~ 0 []32 ð2 ~
ì8 cJ 0 £.- 0 P I o~~ -1. - r--.,
ðhJ ~\\J C1Œi1Ö~~~[iJ'~
00 þ- JJl ~ 0 0 f--'='- II. ~'~ '{]).I
J q ~'Øf I o~ ~\j21 U (r ~\r-ï \~lr -\\\-=\(> 03 ø 004 \) o~
1 04/07/65 REZON I NG from RS-4 Residential to GRANTED
CL -2 Commercial
2 12/15/75 CONDITIONAL USE PERMIT for GRANTED
beauty salon
3 10/15/84 CONDITIONAL USE PERMIT for gas DENIED
station
4 1 0/24/83 REZONING from B-2 Business to A-1 DENIED
Apartment
ZONING
ss entftl
eck here if the property owner is NOT a corporation, partnership, firm. business.
or other unincorporated organization.
~~~
Page 1101' 12
Remed 91112004
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
Ust allknç¡wn <;antl"a<:tors or buslnessøs thathava orWillþrov!de sa
to therequesteá pro~!1Y use, inclodlng but not limited to the
s~, real estate servioes,f!oanclal services, accountit'lgs&I"\'k:es, aQd" regal
servioos:(Attad1 IIstif~ry)
h tWu- Æ/,ty;he..
k~ ~¡f¡
1 "parent-SUbsldiary relationship. means relationship that
corporation dl or indirectly owns shares e tha
voting powe er corporation. . See State and Local Gava
Interests Act. Va. Code § 2.2-3101.
ON: I certify that the Information contained herein Is troe and ac::curate.
that, upon receipt of notification (postcard) that the application has been
uled for public haaring. I am la for obtaining and posting tha required
sign on the sub act !1Y. laast days prior to the scheduled public hearing
according cf this package. /D / /'!.
L.:-A/d ~/'L.I ç,l'¡,lhtl
Print Name J
5'~ Á~
Print Name
COòdIIiØIIäI Rem1ing A :IpficaIjon
p. 1201'12
RevI$ed 911/2004
å,
',"'\' \:>;~.;\'
" 'j,." ,
(~(~ '. ',' r '-;:~~~A', j; ':'~)';4
STÈVEN KR " ~'. ':"\',
q ..:... .. ' ,
Agenda Ite
Item #14
Steven Krever
Change of Zoning District Classification
3712 South Plaza Trail
District 3
Rose Hall
September 14,2005
CONSENT
William Din: Our next and last item is Item #14 Steven Krever. This is an application by
Mr. Krever to Change the Zoning District Classification from 0-2 Office District to
Conditional B-1 Neighborhood Business District on property located at 3712 South Plaza
Trial in the Rose Hall District. This is a proffered application.
David Hay: Good afternoon. My name is David Hay. I'm a local attorney representing
Steve Krever. We have got three proffers and we agree to the conditions set forth in the
staff comments.
William Din: Thank you Mr. Hay.
David Hay: Yes sir.
=
William Din: Is there any objection to placing this item on consent agenda? Okay.
Thank you. Mr. Gene Crabtree will explain this issue.
Eugene Crabtree: This application is for rezoning from 0-2 to B-1 in a residential or at
the start of a residential area in the Windsor Woods section of Virginia Beach. The
Comprehensive Plan recognizes this as being in a primary residential area but it is in
conformance with the Comprehensive Plan as recommended for this area. We believe
that the B-1 Neighborhood Business District is appropriate for this location at the
entrance to the residential area. There are some office buildings adjacent to this that
should be able to support a business of this type. Therefore, we put it on the consent
agenda.
William Din: Thank you Gene. I would like to make a motion to approve the following
item. Item #14 is Steven Krever. This is an application to change the Zoning District
Classification from 0-2 Office District to Conditional B-1 Neighborhood Business
District on property located at 3712 South Plaza Trail, Rose Hall District.
Barry Knight: I'll second that motion.
William Din: Thank you.
AYE 9
NAY 0
ABSO
ABSENT 2
Item #14
Steven Krever
Page 2
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
ABSENT
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 9-0, the Board as approved Item #14 for consent.
Dorothy Wood: Thank you very much.
=
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6229
FROM:
DATE: September 28, 2005
Leslie L. Lilley DEPT: City Attorney
B. Kay WiISO~ DEPT: City Attorney
TO:
RE:
Conditional Zoning Application; Steven Krever
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 11, 2005. I have reviewed the subject proffer agreement, dated
August 16, 2005, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /ks
Enclosure
cc: Kathleen Hassen
KREVER HOLDINGS, INC.
a Virginia corporation
To
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
THIS PROFFER AGREEMENT ("Agreement") made this /( day of August, 2005, by and among
KREVER HOLDINGS, INe. (the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (the "Grantee").
RECITALS:
A.
Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly
described as Parcel A, 0.58566 Acres, 3712 South Plaza Trail, and more particularly described upon Exhibit A
attached hereto and made a part hereof.
B.
Grantor has initiated an amendment to the zoning map of the City of Virginia Beach by petition of
Grantor addressed to Grantee to change the zoning classification of the property to Conditional B-1
Community Business District. The proposed amendment is made pursuant to the tenns of the City Zoning
Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this
Agreement (the "City Zoning Ordinance").
c.
Grantee's policy is to provide for the orderly development of land for various purposes, including
commercial purposes, through zoning and other land development legislation.
D.
Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing
the use of the Property, in addition to the regulations generally applicable to land zoned B-1 as specified in the
City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application.
PREPARED BY: DAVID S. HAY, ATTORNEY AT LAW
GPIN NO. 1487-50-1597-0000
1
E.
Grantor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the
proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning
Ordinance for the B-1 zoning district, reasonable conditions outlined in this Agreement related to the
development and operation of the Property. These conditions will be adopted as a part of the amendment to the
Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-1 and
are needed as a result of the rezoning.
F.
The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted
by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions
shall continue in full force and effect until a subsequent amendment changes the zoning of the Property;
provided, however, that such conditions shall continue if the subsequent amendment is part ofthe
comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions
outlined in this Agreement may be amended only by following the procedures and recording the documents as
outlined and required in the City Zoning Ordinance.
NOW, THEREFORE, Grantors, its heirs, successors, assigns, grantees and other successors in title or
interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing
body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building pennit
or subdivision approval, makes the following declaration of conditions and restrictions governing the use and
physical development and operation of the Property, and covenants and agrees that this declaration and the
further tenus of this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, his heirs, personal
representatives, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
1.
The Property shall be used for business offices as pennitted in the B-1 District, and less than 50% shall
be used for a restaurant without drive-through windows provided that products prepared or processed on the
2
premises shall be sold only as retail. Also, there shall be no sale or serving of alcoholic beverages at the
restaurant.
2.
Grantor shall install foundation landscaping as approved by the Planning Director. Grantor shall also
install street frontage landscaping as approved by the Planning Director in the existing green spaces between
the sidewalk and the parking lot along South Plaza Trail and Presidential Boulevard.
3.
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.
4.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City
Zoning Ordinance of the City of Virginia Beach, in force as of the date of the conditional rezoning amendment
is approved by the Grantee.
5.
The Grantor covenants and agrees that (1) the Zoning Administrator ofthe City of Virginia Beach,
Virginia, shall be vested with all necessary authority on behalf ofthe governing body ofthe City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this
Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions,
and (ii) the bringing oflega1 action or suit to ensure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to
meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy
pennits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to
the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the
governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall
show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the
3
name of the Grantor and Grantee.
wrfNESS the following signatures ~'~,
STEVEN KREVER
President of Krever Holdings, Inc.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I ~ÞoJ"'.::.""'u A, Þ/u,tl.'::AJi) the undersigned a Notary Public in
, "
and for the City and State aforesaid, do hereby certify that Steven Krever, whose name is signed to the
foregoing instrument as president of Krever Holdings, Inc., has sworn to, subscribed, and
acknowledged the same before me in my City and State aforesaid this /¿,. ~day of August, 2005. The
said Steven Krever is personally - known to me; or ~ has produced
~';#'J £,c4""c4" for identification purposes.
Y PUBLIC
My Commission Expire .
4
EXHIBIT A
LEGAL DESCRIPTION
ALL that certain lot, piece or parcel ofland, with the building and improvements thereon, lying, situate
and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, designated and described as
"Parcel A, 0.58566 acres" on plat entitled "Subdivision of Property ofW. C. Lineberry Estate, M.B. 72,
Pg. 4, made by Langley and MacDonald, Engineers-Planners-Surveyors, Virginia Beach, Virginia. Scale
1" = 20', dated 8/31/79 including an easement shown on "Parcel B" and "Parcel C" on said plat extending
from South Plaza Trail to the northern boundary of "Parcels Band C", and "Ingress/Egress, Parking
Easement hereby dedicated to Parcels A and C from Parcel B", which said plat is duly of record in the
Clerk's Office of the Circuit Court of the City Virginia Beach, Virginia in Map Book 136 at page 31.
IT BEING the same property conveyed to Krever Holdings, Inc. by deed dated March 31, 2003, from Key
Associates, Inc.
~ 5 ~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Karen K. German - Change of Zoning District Classification
MEETING DATE: October 11, 2005
.
Background:
An Ordinance upon Application of Karen K. German for a Chanqe of Zoninq
District Classification from B-2 Community Business District to R-20
Residential District on property located at 5608 Parliament Drive (GPIN
14671398300000). 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 2 single-family dwellings. DISTRICT 2 - KEMPSVILLE
Cameron Mitchell Proctor is no longer a part of this application.
.
Considerations:
The applicant proposes to rezone the existing B-2 Community Business
district properties to R-20 Residential District. It is the intent of the applicant to
re-subdivide the site into two lots and construct one single-family dwelling.
The existing single family dwelling at 5608 Parliament Drive will be preserved
on the site. Mr. Proctor withdrew his property from the rezoning at the
Planning Commission meeting, reducing the acreage of the application to
.967 acre.
Although the properties on the north side of Parliament Drive are zoned B-2
Business District, the area has remained residential in nature. The proposed
use is considered infill development and uses proposed for infill sites should
complement and reinforce the predominant physical character of the
surrounding area. The proposal is in conformance with the Comprehensive
Plan's recommendations for this area and compatible with the adjacent
residential uses as well as the business areas.
.
Recommendations:
Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request.
.
Attachments:
"".n,..',...'...",... ..-...,
Karen K. German
Page 2 of 2
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: ~ \L. . 'òß þ(1"1
~
KAREN K. GERMAN &
CAMERON MITCHELL
PROCTOR
Agenda Item # 1
September 14, 2005 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanqe of Zoninq District Classification from B-2 Community Business District to R-20 Residential District
ADDRESS I DESCRIPTION: Property located on the north side of Parliament Drive, 307.11 feet west of
Gallant Fox Road (Parcel 18A-1) and 5608 Parliament Drive.
GPIN:
14672318430000;
14671398300000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
.493 acre and .967 acre
SUMMARY OF REQUEST
The applicants proposes to rezone the existing B-2 Community Business district properties to R-20
Residential District. It is the intent of the applicants to re-subdivide the sites into three lots and construct
two single-family dwellings. The existing single family dwelling at 5608 Parliament Drive will be preserved
on the site.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Two lots currently exist, one undeveloped, and one occupied by a single-family
dwelling.
SURROUNDING LAND North: .
USE AND ZONING: .
South: .
.
East: .
West: .
Norfolk and Southern right-of-way
Across the Norfolk and Southern right-of-way are office and
industrial uses / 1-1 Light Industrial
Parliament Drive
Across Parliament Drive is a shopping center / B-2 Business
Single-family dwellings - B-2 Business
Single-family dwelling / R-40 Residential
GERMAN
NATURAL RESOURCE AND
CULTURAL FEATURES:
The sites are landscaped with mature trees and shrubs. There are no
natural resources or cultural features associated with the sites.
AICUZ:
The site is in an AICUZ of less than 65 dB ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): There will
be no traffic impacts associated with the request.
WATER: The sites must connect to City water.
SEWER: The sites must connect to City sanitary sewer.
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use
planning policies and principles in the Comprehensive Plan for the Primary Residential Area focuses
strongly on preserving and protecting the overall character, economic value and aesthetic quality of the
stable neighborhoods located in this area.
Staff recommends approval of this
request. The proposed use is
considered infill development since it occurs on defined parcels of land that are surrounded by an
established arrangement of land uses of similar character. land uses proposed for infill sites as well as
their density, material, height, setback, yard area and other design considerations should complement
and reinforce the predominant physical character of the surrounding area. Even though the properties on
the north side of Parliament Drive are zoned B-2 Business District the area has remained residential in
nature. Existing homes in the immediate area were built from 1910 through 1968. The property to the
west of the sites was rezoned form 1-1 Light Industrial to R-40 Residential in 1992. Staff has spoken with
several other property owners, also zoned B-2 Business, within this section of Parliament Drive, about
possible rezoning of property to residential or apartment districts.
EVALUATION AND RECOMMENDATION
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is compatible with the adjacent residential uses as well as the business areas.
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.
GERMAN
AERIAL OF SITE LOCATfØ'N:\{~:.¡~};';'1':'~"%
d. \.";,.,."..,""."'.,",;;7'/;B'4";,, ' ,0.'
y"'~~ . .." .' j>'W>\"i;é" ;'~':;1
GERMAN "~~PFJO,' R .,;)
~~$hd(l, Ita 1 ":
.. I)c .',
'"
'~/,~ "y '.'
I
L
GERMAN
PROPOSED SITE PLA
PROPOSED SITE PLAN}rt\~'r:;,:\*\*'
,,' ,
GERMAN
iO
~
1.
11/28/73
Rezoning (R-S3 Residence Suburban to B-2
Business
Rezoning (1-1 Light Industrial to R-40 Residential)
Approved
2.
1/14/92
Approved
3. 6/27/88
Approved
4. 3/22/94
5. 6/9/98
ZONING HISTOF}~~:~;:\\,'~'J'¡!:;:'r(,~!#,
yxE" ".v, "";ii"';7:'~;ii~'di~/\i~;;:~¥
GERMAN ~~~P.FJO ,,' R ,"~/)
~~e.ndar1t~ 1 'I' }'
1%.
u
i "4
in , ',¥" ,,"
.
.
If the applicant is a co
organization, comple
1. pplìcant na
etc. below:
APPLICANT DISCLOSURE
, partnership, firm, business, or other unincorporated
wing:
wed by the names of all officers, members, trustees,
'/¡ list if necessary)
2. List aU businesses that have a parent-subsidiary1 or affiliated business
relationship with the applicant: (Attach list if neœssðry)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPER
Co this section only if p
If th erty owner is a corp
unincorporated organization, following:
1. List the property owner name by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
: 5608 Parliament Drive
Proctor: Lot 18A-1, Parliament Drive
LOSURE
from applicant.
business, or other
2. List all bl.lsin ¡)sses that have a parent-$\. bsidiary1 (lr affiliated busine$s entítr
relationsnip with the applicant: (AttlilçhJist if necessary)
x Check heteìf the property owner is NOT a corporation, partnerShip, firm,
busine$$,. otQtherunincorporated organization.
1 & 2 Si!e nextpågElfor footnotes
Rezoníng Application
P~ge 901 10
Revised 91112004
z
0
I I
~
U
I I
~
"
Z
Þ-C
Z
0
N
~
GERMAN
z
0
.......
ð
.......
....:I
~
~
'-'
z
......
z
0
N
.
..
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have Of will provide
to the requested use.
services. real estate fina
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
1 .Parent-subsidiary relationship. means "a relationship that exists
corporation directly or indi shares pos
voting power of another See State and L
Interests Act. Va. Code § 2.
2 "Affiliated ionship, other than
parent-subsidiary entity has a
controlling owners trolling owner in
is also a co entity, or is shared
nt or contr e business entities. Factors that should be
determining the existence of an a business entity re
include that the s person own or m
entities; there are nds or assets; the business entities share
the use of the sa or s or otherwise share activities, resources or
personnel on a regular basis; is otherwise a close working
between the entities.. See State and Local Government Conflict of I
Code § 2.2-3101.
CERTIFICATION: n contained herein is
I understand that, u (postcard) that the a
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.
j
Karen K. German
Print Name
Cameron Mitchell Proctor
Print Name
Ro,¡:oníng Application
Page 10 of 10
RIIvlsed 91112004
GERMAN
Item #1
Karen K. German & Cameron Mitchell Proctor
Change of Zoning pi strict Classification
5608 Parliament Drive and Parcel 18A-l on the north side of
Parliament Drive, west of Gallant and Fox Road
District 2
Kempsville
September 14, 2005
CONSENT
Eddie Bourdon: I apologize. One other thing. On Item #1, Karen K. German and
Cameron Mitchell Proctor, Mr. Proctor has requested that I withdraw his property from
that application. I don't know if you want to do that now or do that when we hear the
item? If you want to do it with the item that is fine but his portion of that he is
withdrawing his property from the application.
Dorothy Wood: Is there any objection?
William Din: What portion is it?
Dorothy Wood: Mr. Bourdon?
=
Eddie Bourdon: It might be easier just to hear it.
Dorothy Wood: Would you please?
Eddie Bourdon: That's probably easier.
Dorothy Wood: I think that is easier. We were going to consent that so we'll have to
have you come up and just speak.
REGULAR
Dorothy Wood: Our next order of business is our regular agenda. Our Secretary Mr. Joe
Strange will call our first item.
Joseph Strange: The first application is Item #1 Karen K. German and Cameron Mitchell
Proctor. An Ordinance upon application of Karen K. German and Cameron Mitchell
Proctor for Change of Zoning District Classification from B-2 Community Business
District to R-20 Residential District on property located at 5608 Parliament Drive and
Parcel 18A-l located on the north side of Parliament Drive, 307.11 feet west of Gallant
Fox Road, District 2, Kempsville.
Eddie Bourdon: Thank you Mr. Secretary. Madame Chair, Eddie Bourdon, a Virginia
Item # 1
Karen K. German & Cameron Mitchell Proctor
Page 2
Beach attorney representing the applicant. I understand that this was on the consent
agenda. I apologize for the curve ball. I thought that Ms. Christie would have brought
this up this morning. The property that Ms. German owns is the larger piece. It's an acre
parcel. She came to me to downsize the property from B-2 to R-20 so as to divide it into
two lots. It meets all the requirements. Parliament Drive is a residential street with the
exception of the shopping center, which is across the street. We're looking at the back of
it. She mentioned to her neighbor, Mr. Proctor, who doesn't actually live there but owns
the property that what she was doing and he said I want to do the same thing. So, we
filed one application to do the entirety of the property. Mr. Proctor has since changed his
mind. In fact, just sent me a letter of that affect on Monday. So, what I'm asking is that
and I think we have the absolute right to withdraw from the application this parcel here,
Mr. Proctor's parcel, so just Mrs. German's one acre site. We're requesting it to be down
zoned from B-2 Unconditional Commercial to Residential R-20 so that she can divide it
and keep the house on one lot and build another house on the second lot next to R-40
property to her west. Mr. Proctor would have been having a house built on his property.
He does wish to do that at some point.
Dorothy Wood: Questions?
Ronald Ripley: So the zoning will remain B-2?
=
Eddie Bourdon: On his parcel, which is the existing parcel. We're not changing
anything. It will just stay unchanged. That's his prerogative to do this at this point. He
chose to do.
Dorothy Wood: Do I hear a motion?
Janice Anderson: I would like to make a motion to approve. We reviewed this earlier
and believe it is an appropriate use on the north side of Parliament Drive. The parcel is
B-2 but the use is all residential so the request to change it back to residential, and that it
abuts existing residential, I think is appropriate and make a motion to approve it.
Dorothy Wood: Second?
Eugene Crabtree: I second it.
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
AYE
AYE
AYE
ABSENT
AYE
AYE
Item #1
Karen K. German & Cameron Mitchell Proctor
Page 3
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved Item #1.
Dorothy Wood: Thank you.
=
ABSENT