JANUARY 31, 2006 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
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CITY COUNCIL AGENDA
UP N4k'4GER I4MESA SPORE
C/P 4 70,ZVEY - LESL•E L LLLEI
(,1 t : EP.K RUTH HODGES @d1TH WVC
CITY MANAGER'S BRIEFING
31 JANUARY 2006
- Conference Room -
A VOLUNTEER RESOURCES Annual Report
Mary Russo, Director, Office of Volunteer Resources
CIT) HALL BGILDIyG
2401 COURTHOUSE DRIVE
VIRGIVIA BEACH 17RGLVIA 234568005
PH04'E (757) 42;-4303
FAX (75") 4265669
E-VAIL Cry cncl:avbgov com
B ATLANTIC WILDFOWL HERITAGE MUSEUM (Site Improvements and Loan Request)
James K Spore, City Manager
Fletcher Bryant. Museum Board of Directors
C LOCAL ROADS NETWORK
Dean Block, Director, Public Works
D POLICE DEPARTMENT Staffing and Deployment
A M Jacocks, Police Chief
II CITY COUNCIL COMMENTS
III REVIEW OF AGENDA ITEMS
1:00PM
IV INFORMAL SESSION Conference Room 4.00PM II
A CALL TO ORDER — Mayor Meyera E Oberndorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
I V FORMAL SESSION
Council Chamber
6:00PM II
A CALL TO ORDER — Mayor Meyera E Oberndorf
B INVOCATION: Reverend Deborah Fair, Pastor
Chanty United Methodist Church
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E CERTIFICATION OF CLOSED SESSION
F MINUTES
I INFORMAL and FORMAL SESSIONS
G AGENDA FOR FORMAL SESSION
H PUBLIC COMMENT
PUBLIC SAFETY COMPENSATION PLAN
1 CONSENT AGENDA
January 24. 2005
J RESOLUTION/ORDINANCES
1 Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons
and owners as well as the current and potential uses of the tax
2 Ordinance to REESTABLISH the Virginia Beach Advertising Advisory Committee
3 Ordinance to AMEND §7-66 of the City Code re designation of City highways for Golf Cart
operation (specifically for Heron Ridge Estates)
4 Ordinance to AMEND the repayment schedule for the $1,000,000 loan to the Virginia Aquarium
and Marine Science Foundation, Inc to change the due date of the first yearly payment to January
15. 2007. with final payment due January 15. 2010
5 Ordinance to ACCEPT and APPROPRIATE $50,000 from the Department of Health and
Human Services to the Fire Department's FY 2005-2006 operating budget re Medical Reserve
Corps program
6 Ordinance to TRANSFER S20.639 from the Reserve for Contingencies to the Office of
Volunteer Resources FY 2005-2006 operating budget to add one full-time position to re the
Citizen Emergency Response Team (CERT)
7 Ordinance to TRANSFER $1,508.121 within the Capital Improvement Budget re increased
construction costs of the Laskin Road Gateway
K PLANNING
1 Application of BRYCE L. and SUE K. HARLOW and YVONNE H. DU BUY for the
discontinuance, closure and abandonment of a 15-foot alley between 832 Surfside Avenue and
833 Vanderbilt Avenue to incorporate the land evenly into two existing lots (DISTRICT 6 —
BEACH)
RECOMMENDATION APPROVAL
2 Application of M & M CONTRACTORS, INC. for Modification of Conditions for a
Conditional Use Permit at 533 South Lvmnhaven Road (Approved by City council on February 26,
2002) for additional storage and flexible architectural elevations (DISTRICT 3 — ROSE HALL)
RECOMMENDATION APPROVAL
3 Applications of the UNITED STATES FISH and WILDLIFE SERVICE and JUDY and
JAMES FROMAN for Variances at 1793 and 1769 Nanneys Creek Road to allow purchase of 37
acres by the U S Fish and Wildlife Service as pan of the Back Bay Wildlife Natural Refuge
(DISTRICT 7 — PRINCESS ANNE)
a §4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO)
b §513 of the Site Plan Ordinance, Floodplain Regulations
RECOMMENDATION
APPROVAL
4 Application of CENTRAL PARK ASSOCIATES, LLC for a Change of Zoning District
Classification from Conditional B-2 Community Business District to Conditional A-24
Apartment District at 5129 Bonney Road (DISTRICT 2— KEMPSVILLE)
RECOMMENDATION
APPROVAL
5 Applications of FIFTEENTH STREET GANIESDAY, LLC at 764 South Military Highway
(DISTRICT 2 — KEMPSVILLE)
a Change ofZoning District Classification from I -I Light Industrial Distnct to Conditional B-2
Community Business District
b Conditional Use Permit re auto sales. repair and detailing
RECOMMENDATION
APPROVAL
6 Application of KEVIN ,MILLER for a Conditional Use Permit re recreational facility of an
outdoor nature (skateboard ramp) at 120 Ojibwa Lane (DISTRICT 2 — KEMPSVILLE)
PLANNING COMMISSION RECOMMENDATION DENIAL
APPLICANT REQUESTS DEFERRAL TO MARCH 28, 2006
7 Applications of CITY OF VIRGINIA BEACH
a AMEND §4 of the Site Plan Ordinance re Datum used to measure elevation
b AMEND§§ 6 1 and 6 3 of the Subdivision Regulations re Datum used to measure the
elevation and horizontal distance of land
RECOMMENDATION
APPROVAL
L APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT
HEALTH SERVICES .ADVISORY
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE— PPEA
RESORT AREA COMMITTEE (RAC)
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M UNFINISHED BUSINESS
N NEW BUSINESS
O ADJOURNMENT
If you are physically disabled or Visually Impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing Impaired, call Virginia Relay Center at
1-800-828-1120
Agenda 131 06 St
Awu vbgov corn
I CITY MANAGER'S BRIEFING - Conference Room - 1:00PM
A VOLUNTEER RESOURCES Annual Report
Mary Russo, Director, Office of Volunteer Resources
B ATLANTIC WILDFOWL HERITAGE MUSEUM (Site Improvements and Loan Request)
James K Spore, City Manager
Fletcher Bryant, Museum Board of Directors
C LOCAL ROADS NETWORK
Dean Block. Director, Public Works
D POLICE DEPARTMENT Staffing and Deployment
A M Jacocks, Police Chief
II CITY COUNCIL COMMENTS
III REVIEW OF AGENDA ITEMS
IV INFORMAL SESSION Conference Room 4:OOPM
A CALL TO ORDER — Mayor Meyera E Obemdorf
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
V FORMAL SESSION Council Chamber 6:OOPM
A CALL TO ORDER — Mati or Mevera E Oberndorf
B INVOCATION: Reverend Deborah Fair, Pastor
Chanty United Methodist Church
C PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E CERTIFICATION OF CLOSED SESSION
F MINtiTES
1 INFORMAL and FORMAL SESSIONS
G AGENDA FOR FORMAL SESSION
January 24, 2005
H PUBLIC COMMENT
PUBLIC SAFETY COMPENSATION PLAN
I CONSENT AGENDA
Il• ,7 Bf.Y�] �[lyy [11►/[117]1�1►[�] 8[.y
1 Resolution to ESTABLISH a Meals Tax Task Force to analyze the impact on restaurant patrons and
owners as well as the current and potential uses of the tax
2 Ordinance to REESTABLISH the Virginia Beach Advertising Advisory Committee
3 Ordinance to AMEND §7-66 of the City Code re designation of City highways for Golf Cart
operation (specifically for Heron Ridge Estates)
4 Ordinance to AMEND the repayment schedule for the S1,000,000 loan to the Virginia Aquarium and
Marine Science Foundation, Inc to change the due date of the first yearly payment to January 15, 2007,
with final payment due January 15, 2010
5 Ordinance to ACCEPT and APPROPRIATE $50.000 from the Department of Health and Human
Services to the Fire Department's FY 2005-2006 operating budget re Medical Reserve Corps program
6 Ordinance to TRANSFER $20,639 from the Reserve for Contingencies to the Office of Volunteer
Resources FY 2005-2006 operating budget to add one full-time position to re the Citizen Emergency
Response Team (CERT)
7 Ordinance to TRANSFER $1,508,121 within the Capital Improvement Budget re increased construction
costs of the Laskin Road Gateway
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Establishing a Meals Tax Task Force
MEETING DATE: January 31, 2006
■ Background: City Council determines the meals tax and the use of its
proceeds. The meals tax impacts restaurant patrons as well as restaurant owners. A
comprehensive analysis of the impact of the meals tax and of current and potential uses
of meals tax proceeds would assist City Council in making informed decisions about the
meals tax
■ Considerations: The resolution would establish a Meals Tax Task Force
consisting of two members of City Council, a member of the School Board, the director
of the Finance Department or designee, Virginia Beach Delegate John Welch, a
member of the Minority Business Council, and one representative of each of the
following organizations the Virginia Beach Restaurant Association, the Virginia Beach
Hotel and Motel Association, and the Virginia Beach Central Business District
Association The Task Force would study the impacts of the current meals tax on
citizens and the restaurant community, compare the City's meals tax to other cities in
the region, the state, and nation, identify any City ordinances or policies that set aside
meals tax proceeds for specific purposes, and determine what, if any, effect the meals
tax may have on special tax districts and the school revenue sharing formula It would
report its findings to City Council no later than September 1, 2006
■ Public Information: Public information will be handled through the normal
Council agenda process
■ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Councdmembers Dyer and Villanueva
City Manager:
1 Requested by Councilmembers Robert M. Dyer and Ron A.
2 Villanueva
3 A RESOLUTION ESTABLISHING A MEALS
4 TAX TASK FORCE
5 WHEREAS, the City's meals tax impacts restaurant patrons as
6 well as restaurant owners; and
7 WHEREAS, a comprehensive analysis of the impact of the
8 meals tax and of current and potential uses of meals tax
9 proceeds would assist City Council in making informed decisions
10 about the meals tax;
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA
13 1. That City Council hereby establishes the Meals Tax
14 Task Force (the "Task Force");
15 2. That the Task Force shall consist of
16 a. Two members of City Council;
17 b. A member of the School Board, to be selected by
18 the School Board;
19 C. A representative of the following organizations,
20 to be selected by the respective organizations:
21 1 Virginia Beach Restaurant Association,
22 2. Virginia Beach Hotel and Motel Association,
23 3. Virginia Beach Central Business District
24 Association,
25 d The director of the Finance Department or
26 designee;
I
27 e Delegate John Welch; and
28 f A member of the Minority Business Council, to be
29 designated by the Minority Business Council;
30 3 That the Task Force shall serve in an advisory
31 capacity to City Council;
32 4 That the Task Force shall:
33 a. study the impacts of the current meals tax on
34 citizens and the restaurant community;
35 b compare the City's meals tax to other cities in
36 the region, the state, and nation;
37 c. identify any City ordinances or policies that set
38 aside meals tax proceeds for specific purposes; and
39 d. determine what, if any, effect the meals tax may
40 have on special tax districts and the school revenue
41 sharing formula.
42 5 That the Task Force shall report its findings to City
43 Council no later than September 1, 2006.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia on the day of , 2006.
Approved as to Legal Sufficiency:
City Attorn 's Office
CA9906
H \PA\GG\OrdRes\Meal Tax Task Force RES.doc
January 26, 2006
R2
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( `i .
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Reestablish the Virginia Beach Advertising Advisory
Committee
MEETING DATE: January 31, 2006
■ Background: In August 1995, City Council created the Virginia Beach
Advertising Advisory Committee (the "Committee") in order to assist the City in
the development of tourism advertising and marketing initiatives and strategies.
City Council designated eight voting members for the committee, including the
President of the Virginia Beach Hotel and Motel Association, four additional
representatives of the Virginia Beach Hotel and Motel Association, the President
of the Virginia Beach Restaurant Association, and a representative of the cottage
industry. The Chairman of the Resort Leadership Council was the eighth voting
member, but the Resort Leadership Council subsequently disbanded
The Committee also has five ex-officio (non -voting) members two
Councilmember liaisons, one of which is the Councilmember for the Beach
District; the Director of the Convention and Visitors Bureau, the Executive
Director of the Virginia Beach Hotel and Motel Association, and a representative
of the City's advertising agency
The term of the Committee, which was most recently extended in May 2001,
expired on June 30, 2004
■ Considerations: The City has experienced tounst-related development outside
of the Oceanfront resort area over the past several years, especially in the areas
of the Town Center District and the Shore Drive corridor Representatives of
these two geographic areas could assist the City in the development of a more
comprehensive advertising and marketing strategy to further stimulate and
enhance the growth of tourism throughout the City. The appointment of two
additional voting members would increase the total members of the Committee
from thirteen to fifteen (ten voting and five non -voting)
■ Public Information: To be advertised in the same manner as other items on
Council's Agenda
■ Recommendations: The Convention & Visitors Bureau recommends that (1) an
at -large member representing the City's tourist industry fill the slot formerly
reserved for the Chairman of the Resort Leadership Council, (2) two additional
members be added to represent the Town Center District and the Shore Drive
corridor, respectively, and (3) that the Committee's term be extended to June 30,
2008
0 Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Convention & Visitors Bureau
City Manager-:\ �-•�f"pf,
I AN ORDINANCE TO REESTABLISH THE
2 VIRGTNIP- BEACH ADVERTISING ADVISORY
3 COMMITTFE
4 WHEREAS, by ordinance adopted August 22, 1995, City Council
5 established the V_rgir.ia Beach Advertis-na Advisory Comrnl-tee ;the
6 "Committee"), with its term expirina or, June 30, 1997;
7 WHEREAS, City Council subsequently extended the Co.mittee's
8 term twice, with its Tost recent extension expiring on rune 30,
9 2004;
10 WHEREAS, City Council has determined t-:at, because the
11 Committee provides valuable advice and recommendations to the City
12 regarding the City's advertising and r„arketing in-tiatives and
13 strategies, the term of the committee should be extend; and
14 WHEREAS, the City has exper_enced tourist -related development
15 over the past several years, especially in the areas of the Town
16 Center District and the Shore Drive Corridor, and representatives
17 of these two geographic areas would assist the City in development
18 of a more comprehensive advertising ana marketing strategy to
19 further stimulate and enhance the growth of tourism wv� hin the
20 City.
21
NOW, THEREFORE, BE I- ORDAINED
3 THE COU11C_L
OF THE CITY OF
22
VIRGINIA BEAC, VIRGIN=A:
23
1. That City Councll hereby reestablishes the
Virginia Beach
24
Advertising Advisory Committee;
25
2. That the Committee stall
be comprised of
the following
26
voting members:
27
a. The Pres-dent cf the
virginia Beach
Hotel aid Mote--
28 Association;
29 b. eour add_ticnal representatives of the Virginia
30 Beach hotel Motel Association to be designated by the association's
31 Executive Coru^ittee;
32 1. The President of the Virginia Beacn Restaurant
33 Association;
34 d. An at -large member representing the City's tourist
35 industry to be designated by the City Manager;
36 e. A representative of tire cottage industry to be
37 designated by the City Manager;
38 f. A representative of the Town Center District zio be
39 designated by the City Manager; and
40 g. A represerta'_ive of the Shore Drive Corridor to be
41 designated by the City Manager.
42 3. That the Committee sha=_ also include the following ex-
43 officic (non -voting) members:
49 a. Two Co_:c_lmember liaisons, one of which shall be
45 the Councilmember for the Beach District;
46 b. The Director of the Convention & Visitors Bureau;
47 C. The Executive Director of the Vircinia Beacr Hotel
48 and Motel Association; and
49 d. A representative of the City's advertising agency as
50 designated by the agency.
51 4. That the purpose of the Committee shall be to review the
52 City's advertising b-dget and marketing strategv, and to make
53 recommendations to the Director cf the Convention & Visitors Bureau
54 regarding appropriate advertisina and marketing initiatives and
i
55 strategies designed to foster and stimulate she growth of tourism
56 within the City.
57 S. That the tear of the committee shall expire on June 30,
58 2008.
Adopted b_v the Council of the City of Virginia Beach, Virginia
on the day of 2006.
APPROVED AS TO CONTENT:
a u,�
nvention & Visitors
ureau
APPROVED AS TO
SUFFICIENCY:
City Attorney's Office
LEGAL
CA9900
H:\P&A\GG\Ord & Res\Virginia Beach Ad Advisory Agency ORD.DOC
R-2
January 23, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 7-66 of the City Code Pertaining to
Designation of City Highways for Golf Cart Operation
MEETING DATE: January 31, 2006
■ Background: State law enables City Council, by ordinance, to authorize the
operation of golf carts on city streets Heron Ridge Estates Community
Association has presented the Traffic Engineering Office of Public Works with a
petition requesting that streets located within the Heron Ridge Estates golf
course community be designated for lawful golf cart operation The Traffic
Engineering Office inspected the specified streets and determined that they
qualify for lawful golf cart operation designation
■ Considerations: There is only one entrance to this golf course community, and
all streets within this neighborhood are posted with a 25 mph speed limit Heron
Ridge Estates Community Association's petition has been signed by 75% of the
neighborhood's households
■ Public Information: To be advertised in the same manner as other items on
Council's Agenda
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Age
n
cy:
Public Work
City Manager:
Y
1 AN ORDINANCE TO AMEND SECTION 7-66 OF THE
2 CITY CODE PERTAINING TO DESIGNATION OF
3 CITY HIGHWAYS FOR GOLF CART OPERATION
4
5 SECTION AMENDED 9 7-66
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That Section 7-66 of the City Code is hereby amended and
11 reordained, to read as follows
12 Sec. 7-66. Designation of City highways for golf cart operation;
13 posting of signs
14
15 (a) Pursuant to Section 46.2-916.2 of the Code of Virginia,
16 city council may authorize by ordinance, the operation of golf
17 carts on designated public highways within the City after (i)
18 considering the speed, volume, and character of motor vehicle
19 traffic using such highways, and (ii) determining that golf cart
20 operation on particular highways is compatible with state and
21 local transportation plans and consistent with the Commonwealth's
22 statewide pedestrian policy. No City highway shall be designated
23
for
use
by golf carts
if such
golf cart operations will
impede
24
the
safe
and efficient
flow of
motor vehicle traffic, or
if the
25 highway's posted speed limit is greater than twenty-five (25)
26 miles per hour.
27 (b) All requests made to have specific highways designated
28 for go -If cart use shall be directed to the Traffic Engineering
29 Office of Public Works.
30 (c) Any City highway designated for golf cart operations
31 shall be posted with signs indicating this designation The
32 organization, individual or entity requesting a highway designation
33 allowing golf cart operations shall reimburse the City its actual
34 cost for the installation and continued maintenance of such signs.
35 (d) The following City streets located in the specified
36
neighborhoods are approved
for golf cart operation in accordance
37
with the provisions
of this
Article:
38 (1) Heron Ridge Estates - Couples Court, Heron Ridge
39 Lane, Heron Ridge Drive, Lynx Drive, Lynx Court and Ryan
40 Court.
41 COMMENT
42 This amendment will designate the city streets located in the golf course community of Heron
43 Ridge Estates laNful for golf cart operation.
44
45
46 Adopted by the Council of the City of Virginia Beach,
47 Virginia, on the day of
APPROVED AS TO CONTENT
APPROVED AS TO CONTENT-
-
Depar en o Pub is _ks
APPROVED AS TO LEGAL
SUFFICIENCY:
City torne 's fice
CA9853
H \PA\GG\OrdRes\Proposed\7-66 Golf Cart Operat_cns ORD
R-2
December 28, 2005
S�A
-' � &
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the Repayment Schedule For the $1,000,000
Loan to the Virginia Aquarium and Marine Science Foundation, Inc
MEETING DATE: January 31, 2006
■ Background: On November 9, 2004, City Council adopted an ordinance approving a
one million dollar ($1,000,000) loan to the Virginia Aquarium & Marine Science Center
Foundation, Inc ("Foundation") for architectural and engineering ("A&E) costs associated with
the renovation of the original exhibit gallery The purpose of the loan was to enable the
Foundation to begin designing planned improvements to the exhibits at the Aquarium The
ordinance provided that the loan was to be repaid by the Foundation over four (4) years, with
payments due on the fifteenth (15'") day of January of each year Payments were to be made in
four (4) equal installments of $250,000, with the first payment to be made on or before January
15, 2006, and the last payment to be made on or before January 15, 2009
The renovation project is currently underway and was scheduled to be completed and
open to the public in May 2007 Due to unforeseen delays in the contractual negotiations
between the City, the Foundation. and the firm engaged to perform A&E services, the current
projected completion date is now March 2008
■ Considerations: The Foundation has not, to date, drawn on the $1,000,000 loan The
Foundation anticipates that it will draw upon the loan before June 2006 Since the Foundation
has not drawn upon the loan and the ordinance requires repayment on or before January 15,
2006, the Foundation desires to amend the repayment schedule set forth in the ordinance The
repayment deadlines would be extended by one year, with the first repayment due on or before
January 15, 2007, and the remaining three payments due on or before January 15, 2008,
January 15, 2009, and January 15, 2010. respectively As the previous ordinance provided,
payments shall be made over four (4) years and shall be made in four (4) equal installments of
$250,000
■ Public Information: The public will be informed through the normal agenda process
■ Alternatives: None
■ Recommendations: Adoption of Ordinance
■ Attachments: Ordinance
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Department of Museums and Cultural Arts
City Manager: 1C •Z�Jv`1
1
AN ORDINANCE TO AMEND THE REPAYMENT SCHEDULE
2
FOR THE $1,000,000
LOAN TO THE VIRGINIA
3
AQUARIUM AND MARINE SCIENCE FOUNDATION, INC.
4
5
WHEREAS, on November 9, 2004,
City Council adopted an
6
ordinance to appropriate one
million dollars ($1,000,000)
7
in the general fund to provide
an interest free loan to the
8
Virginia Aquarium & Marine
Science Foundation, Inc
9
("Foundation"),
10
WHEREAS, the purpose of
the $1,000,000 loan was to
11
enable the Foundation to
begin designing planned
12 improvements to exhibits at the Virginia Aquarium and
13 Marine Science Center;
14 WHEREAS, the ordinance provided that the loan was to
15 be repaid by the Foundation over four (4) years, with
16 payments due on the fifteenth (15`h) day of January of each
17 year;
18 WHERAS, payments were to be made in four (4) equal
19 installments of $250,000, with the first payment to be made
20 on or before January 15, 2006, and the last payment to be
21 made on or before January 15, 2009;
22 WHEREAS, due to unforeseen delays in the contractual
23 negotiations between the City, the Foundation, and the firm
24 engaged to perform architectural and engineering services,
25 the Foundation has not yet drawn upon the $1,000,000 loan;
I
26 WHEREAS, the Foundation anticipates that it will draw
27 upon the loan by June 2006, and
28 WHEREAS, because the ?oundation has not drawn upon the
29 loan and the ordinance requires the Foundation to begin
30 repayment on or before January 15, 2006, the Foundation
31 desires to amend the repayment schedule set forth in the
32 ordinance
33 NOW, THEREFORE, BE I- ORDAINED BY THE COUNCIL OF THE
34 CITY OF VIRIGINIA BEACH, VIRGINIA.
35
That the repayment schedule set forth in the
ordinance
36
adopted by City Council on November 9, 2004
is hereby
37
amended to provide that the $1,000,000 loan shall
be repaid
38
by the Foundation over four (4) years, with
the first
39
payment due on or before January 15, 2C07. The
remaining
40
three payments shall be due, respectively, on
or before
41
January 15, 2008, January 15, 2009, and January
15, 2010.
42
Payments shall be made _n four (4) equal installments of
43
$250,000
44
Adopted by the Council of the City of Virginia
Beach,
45
Virginia, on the day of , 2006.
46
47
48
49
50
51
52
APPROVED AS TO CONTENT
Museums and Cultural Ar-s
APPROVED AS TO LEGAL
SUr ICIENCY
4 (, L ,
Ci7-y Attorney s Or2ice
H:\PA\GG\OrdRes\Proposed\Aquar=um Foundation crd.doc
CA9823
January 17, 2006
R-2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $50,000 from the Department of Health and
Human Services to the Fire Department's FY 2005-06 Operating Budget for the
Medical Reserve Corps Program
MEETING DATE: January 31. 2006
■ Background: Virginia Beach is the thirty-eighth largest city in the nation and is at
risk for large-scale man-made and natural disasters The Virginia Beach Department of
Public Health (VBDPH) is a participant in the Hampton Roads Metropolitan Response
System and is responsible for set up and staffing of Neighborhood Emergency Help Centers
for distribution of mass vaccine and prophylaxis The existing resources of the VBPHD
would be overwhelmed rapidly in the event of a large-scale disaster with mass casualties or
a need for mass inoculation or prophylaxis of residents and visitors. The Department of
Health and Human Services (DHHS) has provided a three-year funding stream for the
establishment of a Medical Reserve Corps (MRC) to strengthen the response capability of
the VBPHD to a large-scale medical event DHHS has awarded the City $50,000 for this
third year of the program
■ Considerations: The Medical Reserve Corps focuses on attracting, training and
retaining a pool of volunteer medical professionals Management of such a project requires
recruitment and screening strategies, training and qualification strategies, as well as
creation and maintenance of the basic program curriculum In addition, the program is
developing long-term strategies to insure continuation of the MRC not only in membership
but also in continuing education to maintain awareness of new public health threats and
appropriate medical prophylaxis
The VBDPH will continue to provide oversight and administrative and program
management staff The Fire Department will again serve as grantee and fiscal manager
The Citizen Corp Counsel will continue to act as the advisory board for the project This
grant will be used to create a self-sustaining program managed by and comprised of
volunteers from the medical community
Grant funds cover a part-time program manager, all office supplies and printed
materials, travel and training expenses, and personal issue items for volunteer members
■ Public Information: Public Information will be handled through the normal Council
Agenda process
■ Attachments: Grant award letter
Recommended Action: Approval
Submitting Department/Agency: FF`ire,
City Manager:
Y
1 AN ORDINANCE
TO ACCEPT AND
APPROPRIATE
2 $50,000 FRCl
THE DEPARTMENT
OF HEALTH
3 AND HUMAN
SER✓ICES _0
THE FIRE
4 DEPARTMENT'S
FY 2005-06 OPERATING
BUDGET
5 FOR T%{E MED=i.AL
RE:SEPVE CORPS
PROGRAM
6 BE IT ORDAINED B'
THE COUNC=L OF
TEE CITY OF VIRGINIA
7 BEACH, V_RGINIA:
8 1; That $50,000 in additional federal
revenue is hereby
9 accepted and appropriated to the F_re Department's FY 2005-06
10 Operating Budget to fund the Medical Reserve Corps Program.
11
2i
Thai revenue from
the federal government is hereby
12
increased
by $50,CCC
in the FY
2005-06 Operating
Budget.
13
3)
That a
part-_ime posiu
or is hereby
co-itinued in the
14 FY 2005-OE Operating Budget for the duration of the grant.
1
Accepted by
the
of the C_ty of Virginia Beach,
16
Virginia on the
day of
, 2006.
APPROVED AS TC CONTENT:
�4anageofientJ Services
APPROVED AS TO LEGAL
SUFF=CIENCY:
City Artorn 's Off_ce
CA9894
H:\PA\GG\OrdRes\Medz.cal Reserve Ccrps ORD
R-2
January 19, 2CO6
I DATE ISSUED (YlalDay/Yr)
ZMANG.
09/24/2005
93 00B
&3UpE,u,apiu3AW0tDWOT10Edalad
.waprtlW arry.daenp Q.atnc6re pabrely
Ynprnd remain
H .R•ss mY ®rpadluly raaoddad
4 riUNr NO
5 AOMMSIMTNE CODES
5 MRCSG030074-03-00
OSG-S2
FmWdT US2SGO3032
6 PR ECTPFAIOD ban-'.rm
AIu.D wl
Fran 09/30/2003
Tlxw9n 09L 2006
7 BMGETPMM
9
ri,.,h 09/29/2006
a City of Virginia Beach, Fire Department
b 2408 Court House Drive
C
d Vngina Beach a VA 1 23456
11 APPROVEDBWIZrIEdIde PHS DFa4AneWxal
1 PMS Gyre FMWONT
II TOW pl*d •e YrLanp ♦♦aN h•��al Or,s M1nrdelpredpelon
II
(eeleaero Me Pip NUMERACY, hOl
a SW Tin alld Wyss 27,783
b Fm9a Banerle 2,125
c TOW 81 Cosh
29,908
d Ca ubna C As
0
e Ewpmrd
670
t Supplies
15, 295
9 Trml
2, 507
n Pausa care -Inpftewl
Q
L PaWt CWe-OdpaW
0
r A ieretime W RenOrAloe
0
t Other
1,620
1 CueuDaNCmlratllW
0
m Trtlrs ReWedE W.
0
a Trak"Sapwlds
0
DEPARTMENT OF HEALTH AND HUMAN SERVICES
PUBLIC HEALTH SERVICE
OPHS Office of Grards Management
1101 Wodlon Parkway
suite 550
Rockville, MO 20852
NOTICE OF GRANT AWARD
AUTHORIZATION (LegslatlonlRegulalions)
TM. %NI Sec4on 1701(a) (1), PuMk Health Su Mce Acl As Amended
10 D cru!t OF PROIIS r (PROGTA4 DP<ECIOfUPRN eNESTC MR)
(LAST RAYS FPSTANO ADOPE.S)
Sutton, Erin E
_
4452 Corporation Lane
Vnginia Beach, VA 23462
Phone 757-518-2784
IL AIVNID CONIPMATION FOR GRANT
aMn dP115FYane•1Mtlnww (liamNm tl u/
50,000
4L IAO4lypW 114. F. Pd. BW9et P•rldY
0
a Ian OmulYlw PdwAreq•)TN• anWelRMd
0
d AMOUNT OF rNANCIAI ASSISTANCE THS ACTION S
50,000
I& RECgIMIFIGFD FUTUPE eUPPORT
(Sutyrr b Gb e1Ne66y.lAvvY areVaaleecby➢reyan drA. pgecr)
YF1R TOTALDIRECTCOSTS
YEAR TOTAL DIRECT COSTS
a 4
d 7
R 5 I
• B
c 6 I
9
f1 AIPRUVED p11ECT A951STANLEBUDfiT (NL UOFG
a AYOUNTOf PN56ert Aevabrlu
0
0.lam lYablybd BWFe Fmn Pr.r BW9. Wr4ds
0
c I4v Gmul.r.• Prner Arad(•) THa Bntlpet Pobd
0
a AYOLWT OF pRCCTASsbTANCE 1Hrs ACTb1 S
0
to rlmew pCaeee.R Toxcnr.r7tvYrr wYw•aaY,awuae
wsrrscam WrxaevTleruuP.eAue.aTro
(er e•Yw}e1ETlala.af
`
a TrWpeaon Tuartl EnM
s 0 � '�°e"��n
p T.w Trwal 0 : ...y .... nO,A.oa)
c TOTAL DIRECT COSTS F 50, 000 16 MAraaoaluWOoaMuwoaa�rrm•O.soYYPawmn MwoaM YMTavnrwe.
0
A
. Fad
REM/OIK3 (OMTenne artl CPnda9'a
See Attached Tems & Conditions
xorwm7OMTssesa�es•aabOlOOmrecasTCTwnao®zrT1e raulro
0
wa.•.w�bw,rarr.�
i 50,000
TM..•s.P��ve•or•r�
� M r.•rb ba�ebab.n•a�,aleal.Y• W,abxWN13
nBr�YNaTer�abAwYa�•YnYM•rtlbl•aYKbti Yb/J�YINPV•
Q
• VT,Mf•/YCn1MC�rpraa
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Ar.atinwbar.wmdb.sYre+4•Yrwo.+. r..Yn... a..,.oe,r�..tlYrOreti
S 50,000
c n
v.+m+•n+m
Y.e n w)
Pes-!P-M MANAGEYFlIT (SgnYn (N.u.-Tm•a9rn1 (191.)
9( .r r ))ia sse✓J� Karen Campbell Grants Management Offiwer, OPHS
17 OBJ 41 45
1&CRS•EIN '-540722061A3
19 LIST NO GONG DIST
FY4iV1
DOCUMENT NO ADMINrsrRATNE CODE
A6R ACTION FIN ASST
AIYT A 71011 OR ASST
20 5-1990790
,b t12SGO3032A O OSG-S2
d 50,000
a 0
21
1, c
d
e
22
It, ic
d
e
PNBi15?11.1' 71m) INOTE SY,rwnely Pal.r,•irmnbenn)
i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $20,639 from Reserve for Contingencies to the Office
of Volunteer Resources FY 2005-06 Operating Budget and Add One Full -Time
Position to Manage and Expand the Citizen Emergency Response Team
Program
MEETING DATE: January 31, 2006
■ Background: The City of Virginia Beach has a very strong history of
volunteensm A Citizen Corp Council (CCC) was established more than three years
ago as part of the local response planning and operational capability funded by the
Department of Homeland Security The Citizens Emergency Response Teams (CERT),
now comprised of nearly 300 volunteers, exist to provide expertise and support to
neighborhoods throughout the City Individual CERT members can assist their
neighbors in basic self -survival, home safety, and recovery procedures In addition,
volunteer -staffed Neighborhood Watch programs are in place to empower residents to
safe-gaurd their neighborhoods on a daily basis, and the volunteer -based Medical
Reserve Corps supports the global medical community with event -based medical
intervention and prophylaxis
■ Considerations: The City has received Department of Homeland Security grant
funding for several years This funding has fostered the creation of extremely valuable
volunteer programs such as CERT, Medical Reserve Corps and CCC These programs
have been so successful that they have outgrown the management capacity of the City
employees originally charged with developing the programs. A full-time employee is
now necessary to continue to recruit volunteers, deliver training classes, manage
specific program grants, develop strategies to financially sustain those programs, and
develop processes to ensure ongoing training and retention of volunteers for the CERT
Program An Administrative Specialist I position has been identified as most compatible
with the anticipated duties and responsibilities of this position Grant funds will be
utilized to provide equipment and supplies to support the position to the extent permitted
under grant guidelines For administrative purposes, this position will be supervised in
the Fire Department, though it vvdl be budgeted in the Office of Volunteer Resources.
■ Public Information: Public information will be handled through the normal
Council agenda process
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Qgency: Fire
City Manager:
I AN CRDINANCE TO TRANSFER
$20,639 FROM
2 RESERVE FCR CCNT=NGENCIES
TO THE OFFICE
3 OF %1OLUNTEER PESOJRCES
FY 2005-06
4 OFERAT:NG BUDGET AND ADD
ONE FULL-TIME
5 POSIT=ON TO MANAGE AND
EXPAND THE
6 CITIZEN EMERGENCY RESPONSE
TEAM PROGRAM
7
8 BE =T ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 1) That $20,639 _s hereby transferred fro: Reserve for
11 Contingencies to the FY 2005-06 Cperatina Budget of the Office
12 of Volunteer Resources to cover costs assoc_ated with assistance
13 to the Citizen Emergency Response Team.
19 2) That one fu=1-time position is added to the Office of
15 Volunteer Resources for the FY 2005-06 Operating Budget.
16 Accepted by tre Council of the City of V_rgzria Beach,
17 V_rginia on the day of , 2006.
APPROVED AS TO CONTENT:
Manag men Services
CA989-7
H:\PA\GG\OrdRes\CERT ?ositron ORD
R-2
January 19, 2006
APPROVED AS TO LEGAL
SUFF=CLENCY:
C_t�_
ttcrn
's
Cffice
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $1,508,121 from CIP #2-165, "Laskin Road -Phase II"
to CIP #2-076, "Laskin Road Gateway" to Cover Increased Construction Costs
and Allow the Awarding of the Contract
MEETING DATE: January 31, 2006
■ Background: The Laskin Road Gateway protect will construct 30th Street as an
aesthetically enhanced three -lane roadway (two eastbound lanes and one westbound
lane) from Pacific Avenue to Laskin Road east of Little Neck Creek In addition, the
protect includes specialty construction such as an electrical duct bank and a roadway
support bulkhead system Bids for the construction of this protect were received on
December 22, 2005 Three bids were received and ranged from $9,229,659 95 to
$10,940,313 00 The low bid exceeds funds currently available in the protect budget
The low bid was reviewed, and the low bidder was found to be responsive Construction
costs for capital protects continue to be influenced by a strong contactor market, along
with increasing costs for materials and labor Protect bids are market driven, and
therefore costs are not anticipated to decline in the near future
■ Considerations: To construct and complete the Laskin Gateway protect,
$1,508,121 is needed to be transferred into the protect to award the low bid, pay for the
private utility relocations, and provide a modest protect contingency Laskin Road Phase
II (CIP 2-165) currently has available funds that can be transferred to the Laskin
Gateway protect The funding for Laskin Road Phase II can be reprogrammed in the
future With this fund transfer, the protect construction schedule is noticed to proceed in
February 2006 with construction completion by March 2007
■ Public Information: The protect was presented to City Council on March 9,
2004 A citizen's information meeting was held on May 19, 2004, and the results were
presented to City Council on June 15, 2004 Additional presentations have been given
to the Resort Advisory Committee, the Resort Retailers Association, the Hotel/Motel
Association, and the North End Civic League
■ Alternatives: Place the Laskin Gateway on hold and re -bid the protect when
and if additional funds become available
■ Recommendations: Approve the ordinance to transfer funding so the contract
can be awarded
■ Attachments: Location Map, Transfer Ordinance, Overall Bid Results
Recommended Action: Approval
Submitting Department/Agency: Public Work
City Manager:\
r
1 AN ORDINANCE TO TRANSFER $1,508,121 FROM CIP
2 #2-165, "LASKIN ROAD -PHASE I_" TO CIP #2-076,
3 "LASKIN ROAD GATEWAY" TO COVER INCREASED
4 CONSTRUCTION COSTS AND ALLOW THE AWARDING OF
5 THE CONTRACT
6
7 WHEREAS, due to the existing market cond-itions and
8 increasing costs for materials and labor, an additional $1,508,121
9 must be appropriated to CIP #2-076, "Laskin Road Gateway" to allow
10 the awarding of the contract for this project; and
11 WHEREAS, the additional amount needed may be transferred
12 from CIP #2-165, "Lasl_n Road -Phase II" with the funding to be
13 reprogrammed to this project in future years of the Capital
14 Improvement Program.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA:
17 That $1,508,121 is hereby transferred from CIP #2-165,
18 "Laskin Road -Phase II" to CIP #2-0-76, "Laskin Road Gateway" to
19 cover increased constructior costs and allow the awarding of the
20 contract.
21 Adopted by the Counc1l of the City of Virginia Beach,
22
23 Virginia, on the day of 2006.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY,
Management Services Ci:y Attorney sOffice
CA9905
H:\PA\GG\OrdRes\Laskin Road Gateway ORD
R-3
January 25, 2006
Q)
IL
LOCATION MAP SHOWING
LASKIN ROAD GATEWAY -
CIP 2-076
SCALE 1" = 400'
PREPARED BYPW ENGDRAFF 19-JAN-2006
Summary Bid Results
Project: Laskin Road Gateway--30th Street
CIP. 2-076
Bid Date: 22-Dec-2005
Contractor Price
Kevcor Contracting Corporation $ 9,229,659 95
Precon Construction Corporation $ 9,751,526 06
Suburban Grading & Utilities, Inc $ 10,940,313 00
K PLANNING
Application of BRYCE L. & SUE K. HARLOW AND YVONNE H. DU BUY for the discontinuance.
closure and abandonment of a 15-foot alley between 832 Surfside Avenue and 833 Vanderbilt Avenue to
incorporate the land evenly into two existing lots (DISTRICT 6 — BEACH)
RECOMMENDATION
APPROVAL
Application of M & M CONTRACTORS, INC. for Modification of Conditions for a Conditional Use
Permit at 533 South Lynnhaven Road (Approved by City council on February 26, 2002) for additional
storage and flexible architectural elevations (DISTRICT 3 —ROSE HALL)
RECOMMENDATION APPROVAL
Applications of the UNITED STATES FISH and WILDLIFE SERVICE and JUDY and JAMES
FROMAN for Variances at 1793 and 1769 Nanneys Creek Road to allow purchase of 37 acres by the U S
Fish and Wildlife Service as part of the Back Bay Wildlife Natural Refuge (DISTRICT 7 — PRINCESS
ANNE)
a §4 4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the
City Zoning Ordinance (CZO)
b §5B of the Site Plan Ordinance. Floodplam Regulations
RECOMMENDATION
APPROVAL
Application of CENTRAL PARK ASSOCIATES, LLC for a Change of Zoning District Classification
from Conditional B-2 Community Business District to Conditional A-24 Apartment District at 5129
Bonney Road (DISTRICT 2— KEMPSVILLE)
RECOMMENDATION APPROVAL
5 Applications of FIFTEENTH STREET GAMESDAY, LLC at 764 South Military Highway (DISTRICT
2 — KEMPSVILLE)
a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community
Business District
li Conditional Use Permit re auto sales, repair and detailing
RECOMMENDATION
APPROVAL
6 Application of KEVIN MILLER for a Conditional Use Permit re recreational facility of an outdoor nature
(skateboard ramp) at 120 Ojibwa Lane (DISTRICT 2— KEMPSVILLE)
PLANNING COMMISSION RECOMMENDATION DENIAL
APPLICANT REQUESTS DEFERRAL TO MARCH 28. 2006
7 Applications of CITY OF VIRGINIA BEACH
a AMEND §4 of the Site Plan Ordinance re Datum used to measure elevation
AMEND§§ 6 1 and 6 3 of the Subdivision Regulations re Datum used to measure the
elevation and horizontal distance of land
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
bngi-ia Beach C tc Ccun-•I wi I -ter r '^n C-a'me- a-
Crr Had bfb-'z pa Cenel 24C1 C.InhOLse D-i'-e
Tuesday. January 31, 2006, at 6.00 p.m. 1,2
faic'v ng opal'ca-ions will De heard
DISTRICT 2 - KEMPSVILLE
Cenral Pa-k Associates t L C App Icalon Cnange of
Zoning GILT Cla55fraton',a, Conc•bonal 62
Cent ly Bps ^ess tc Condit ora A 24 Apa-lrren• at
5'29 6cnre. Road GP'Ns 4b7E)61'70000
146-80K9300CC ine Comprehersve Plan cesig
rate, this site as betne with- me Orman Resden,a'
Alea T^e ou•pose C' 'his lezo„3 Is to eeveop
ma -i fami v resloe,val units
Ff eenlr 5^ee- Gamesdey L L C Apo cavon Change
of Zoning Dlstrct Classdcation :ram I : Lg^t lndL5
lra to Cohdihcoal B2 Communry Bsiness at 764
So_tn Mi•a-. Higrwa; (GPINS 1456266494000-D
1456266365G000 -Fe Compre-ens ve Pa- desig
na•es'his si-c as being within the P,man Res Ce,ta
"ea -he pvrPose of ih s rezoning is •. de,eloc a TolDr
vehicle sales and repair 'ac•'h
Ff•eerl- 5-reet Ganesdav L L C ADphcabor Condit
tional Use Penolit fc- -rotor ver Iles sales 'ena r and
detailing at 764 SOJ'h M Iitary Highway iGPINs
14562664940000 14E^26636500W.
new Nilier ApD1 ca-lon Condrbonal Jse t ermi! for a
recreatiora facility of an outdoo- ra'u'e S atehca'd
ramp! at 120 Of ow'a La-e'GPIN 14"230325C000'%
DISTRICT 7 - PRINCESS ANNE
L^re^- S-ates Fsh are W'idiae Sflrce =_"d Judy a^c
James -roma- Applica•io, AnPea to De-sicns o'
Atlmir stra'ne 0 Icefs it •ega'd to ce'a n min-lems of
tre Subdi.-sicn Omina-n Subdiv s on 'or u,red States
Pis- and Wild tie Ser¢t at 1793 S 1769 %a,ners
Cree.. Ri,az '3PIN 2410263211':DCO
2410254922000Co
,. -e. Saes Fsh arc Wldide Sev ce a-d luny a --
James =mmar App icabon Variance to 5ec'ion 5B of
tre Site Plan Ordlriarce. Floodolain Regulations a:
1193 a,C 1769 han,eys Cree. Roac 'GPIN
24-1263211'02C 2_1f2549220000-
DISTRICT 6 - BEACH
Brace L n Sue n Harlow anc Yvonne H du Buy Appli a
tier. :) �ccrt n.ance : osne and aoarcO^Terl c' a
portor of a _5foo• a6e: mated betw'ee-'_ots 2 and
12 BOG '1- CrautaLc,a by We Sea oe-'•.ee- 832
Surfswa Aver a and S31 Vaadero r 4ver�R
CITY OF VIRGINIA BEACH
C•'dinarce to amend Sectio^ a of the Ste Pan Of
nance peca r rg 'o D,anges to 'ne -efere,ces w tre
daLum used to Teaslre the e'evat on of land
0•Cinarce tc amen Eecoo^ 61 c' the 5.Ddi,ism-
Regulator perlami-g -c changes 'o tre references to
the datums .Sed to measure the ele•'at on of ale and
Sort on 6 3 er t-e S bdiv s on Regulat 0- certa—.mg .1
cnanges to we references lz'he ds':m used to men
sure :,e'O' Zena dwa^ce a' anc
DISTRICT 3 - ROSE HALL
M3M Con'rac'as I,c 4-g1¢ato^ h'ptli•icauer of Co-
a'Ions'o' a-o,dmo^. use De'rl aDCrcved Py C
Cou-c1 or Ferrual 26 2002 a• 533 5c•.r- L.r--aven
Pose GPIN :49c_7_368C•00.3:
Al: - e'e,'ed ra-ies a e , fee too -er c
^
C.a�Lfrc '�
R.f, Hodges S,--r MY'
C h'CIrk
C,o,° - le Gmo.seC J'dra"Tei reso Ll Drs and
a,, -c `i 'i "e on ma fine mav ore eiar'Iree Ine
Cep- ^ e- P a„i-g Fc- ine: Ta,cr cai 427 462:
i - I - pHyslca8y disabled or visually impaired and
aesi a-• a st ', s in-ee-ing please ca' t^e CITY
CLE-" S 3�'Cc a: A274303
Hear. -g urpa -ed ea TDD cr'y at 4274305 'D.;
ie apr :De e
far : _ _
Tne Picmil'-'rT s. _ _ ava' at a
W. CiR 1-ter-, -le Page a
hltp_/:_www v
& Sue Harlow
u
I R-10
1J = t., R-10 I10 R-10
R-10
P-1
Street
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that
certain street known as "AREA OF 15' ALLEY TO BE CLOSED 750 SQ. FT. 0.0172
ACRES" as shown on that certain plat entitled "EXHIBIT DEPICTING STREET
CLOSURE OF A PORTION OF A W ALLEY SUBDIVISION OF CHAUTAUQUA BY
THE SEA BLOCK THIRTEEN VIRGINIA BEACH, VIRGINIA"
MEETING DATE: January 31, 2006
■ Background:
An Ordinance upon Application of Bryce L & Sue K Harlow and Yvonne H
duBuy for the discontinuance, closure and abandonment of a portion of a 15 foot
alley located between Lots 2 and 12, Block 13, Chautauqua by the Sea
Property is located between 832 Surfside Avenue and 833 Vanderbilt Avenue
DISTRICT 6 — BEACH
■ Considerations:
The applicants request to close this portion of the alley and incorporate the
property evenly into existing Lot 2 and Lot 12, as depicted on the submitted plan
The street closure viewers committee and staff recommend approval of this
request, as it was determined that there will be no public inconvenience from the
closure and abandonment of this right-of-way Evaluation of this request, as in
any street closure application, is primarily based on current and /or future need
for the right-of-way for vehicular, pedestrian and/or public infrastructure
purposes
The Planning Commission placed this item on the consent agenda because the
closure would not result in any public inconvenience
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee The purchase price to be paid to the City
shall be determined according to the Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council
Copies of the policy are available in the Planning Department
Bryce L & Sue K Harlow and Yvonne H DuBuy
Page 2 of 2
2 The applicants shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels The plat must be
submitted and approved for recordation prior to final street closure approval
3 The applicants shall verify that no private utilities exist within the right-of-way
proposed for closure Preliminary comments from the utility companies
indicate that there are no private utilities within the right-of-way proposed for
closure If private utilities do exist, easements satisfactory to the utility
company must be provided
4 Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void
■ Attachments:
Staff Review
Disclosure Statement
Ordinance
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency. Planning Department
City Manager: 011
Y
Mar NJ
BRYCE L. AND SUE K.
A ?T
HARLOW; YVONNE H.
3
DU BUY
Agenda Item # 19 v
December 14, 2005 Public Hearing
Staff Planner Carolyn A K Smith P-1
REQUEST.
R-LO R-10
c
Discontinuance, closure and abandonment of a portion of a 15 foot alley located between Lots 2 and 12
(832 Surfside Avenue and 833 Vanderbilt Avenue), Block 13, Chautauqua by the Sea
ADDRESS / DESCRIPTION: Property located between 832 Surfside Avenue and 833 Vanderbilt Avenue
GPIN COUNCIL ELECTION DISTRICT SITE SIZE
24263754880000 6 - BEACH 750 square feet
24263765910000
SUMMARY OF REQUEST
The applicants request to close this portion of the alley and
incorporate the property evenly into existing Lot 2 and Lot 12, as depicted on the submitted plan
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped, grassed vacant site
SURROUNDING LAND North 0 Alley, single family dwellings i R-10 Residential District
USE AND ZONING- South 0 Alley, single family dwellings i R-10 Residential District
East 0 Single family dwellings ; R-10 Residential District
West & Single family dwellings / R-10 Residential District
NATURAL RESOURCE AND The site does not appear to have any significant historical, cultural or
CULTURAL FEATURES- environmental features
HARLOW AND DUBUY
Agenda Item # 19
Page 1
AICUZ: The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceana
IMPACT ON CITY SERVICES
WATER & SEWER: There are no City water and sewer facilities within the existing right-of-way
PRIVATE UTILITIES Preliminary comments from private utility companies indicate that there are no private
utilities within the area proposed for closure
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
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 This means that the established type, size and
relationship of land use in and around these neighborhoods serve as a guide when considering future
development
The street closure viewers EVALUATION AND RECOMMENDATION
committee and staff recommend
approval of this request, as it was determined that there will be no public inconvenience from the closure
and abandonment of this right-of-way, subject to the conditions listed below Evaluation of this request, as
in any street closure application, is primarily based on current and /or future need for the right-of-way for
vehicular, pedestrian and/or public infrastructure purposes
CONDITIONS
1 The City Attorneys Office will make the final determination regarding ownership of the underlying fee
The purchase price to be paid to the City shall be determined according to the 'Policy Regarding
Purchase of City s Interest in Streets Pursuant to Street Closures;' approved by City Council Copies
of the policy are available in the Planning Department
HARLOW AND DUBUY
Agenda Item # 19
Page 2
2 The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels The plat must be submitted and approved for recordation prior to final street
closure approval
3 The applicant shall verify that no private utilities exist within the right-of-way proposed for closure
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure If private utilities do exist, easements satisfactory to the utility
company must be provided
4 Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
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.
HARLOW AND DUBUY
Agenda Item # 19
Page 3
Y
VANDERBILT AVENUE
(8G WA'-
5.2.7_e£ S'2 5_
I
'
:O" 2 5_OCK '3
&IF 24 it
0:% 242637659°GO
333
YAYOERS'L' AV_
n p
I2
_O' 3 3LOCK 13
M9 24 c 37
G�,Y 242637557.'0000
B28 5DP S'u"E Av_
v'2 7'36'w
50 00
3 13
o_I� o n
Div p h
_ a
_ p n
v. s
ti
51217'36'
a —
SJ Jr
J
Oo4K
:J
Q
� WHh
3
'�O QIAO
Jai\
j
h
2 �
r
W
-07 3L OCK i3
Q
M5 24 R 37
GP'V 24263754940000
�. 2 3_OCK j
336 SI.RF'5'0E AVF
'72 14 3'
Caw 2426.I7548800_:.
➢32 .;, -? S OE AVE
13
— N 2''736 6 h'•2'736 ,V
SURFSIDE AVENUE
�5O R1.Ov- ": WA 111 OF
I
SURVEY OF AREA TO BE CLOSED
HARLOW AND DUBUY
Agenda Item # 19
Page 5
Map M-8
">� : sc_ E
\ to
�tl7�
5 "-_.
/0 L1
m
& Sue Harlow
ineelH du Bu
.1
a
_ �i R110 R-10
R-10 R-10
R-10
R-110
P-I
Street Closure
uranted
Granted
ZONING HISTORY
HARLOW AND DUBUY
Agenda Item # 19
Page 6
DISCLOSURE STATEMENT
i
APPLICANT DISCLOSURE
V the applicant s a corporatior partnership firm cus ress or other unincorporated
organization complete the to lowing
1 List the applicant name followed by tie names of a I officers memoers t-ustees
partners etc below (Anach list rf necessary)
Yvonne H ¢ Buv
2 List all businesses that have a paren subsidiary' or affiliated business entfty°
relationship with -he applicant (Attach hs: if necessary)
X Check here rf the app,rcart Is NOT a corporation partnership firm business o•
other unmcomorated organlzahc-
PROPERTY OWNER DISCLOSURE
Complete this secaor only if propery owner is di erent;` u 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 alp ofrcers members
trustees partners etc below, (Attach lts` rf necessary;
2 List all businesses trat have a parent -subsidiary or affiliated ousiness entity2
relationship with the applicant 14rach Irst ff necessary
D Check here if the property owner Is NOT a coroora on. partnership fin business
or other unincorporated organization
8 ' See nerd page low rncm<,Ws
swan Cmu. "P. . "
rAe tta-n
... v nix
DISCLOSURE STATEMENT
HARLOW AND DUBUY
Agenda Item # 19
Page 7
j DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List al known contractors or businesses tha; have or will prcvde services with
respect to the requested prcceny use, including but nct hinted to the providers of
architectural servicas real estate senoces. 9narual services accounting services
and legal semces (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, G C
Alpha-ec Survevors, Ltd
''.anent-subsdary relationship' means'a relationsh•p that ensts when one
comcratron directly or indirectly owns shares possessing more than 50 percent of
the vcImg power of another coTora5on' See State and Local Govemment Congict
of Interests Act Va Code § 2 2-3101
Afhlatec business entity relabonship` means 'a relationship. other than
parent-subsidary relationship, that exists when (I) one business entry has a
contolling ownership interest a: the o'.her business entity, (al a controlling owner in
one entity is also a controlling owner in the other entity or (h) there is shared
management or control between the business entries Factors that should be
considered In determining the enslenoe of an of Baled business entity relationship
include :hat the same person, or suhstartlally the same person win or manage the
two entities there are common or commingled funds or assets, the business enttes
share the use of the shrre offices or employees or otherwise share acbvltes
resources or personnel on a regular basis or there is otherwise a close working
relationship between tie entves' See State and Loral Gcvemment Conflict of
Interests Act Va Cope§22-310t
CERTIFICATION I cerify that the inforinalon contained herein is true and
accurate I understand that, upon receipt of notification (postcard) that the
appiicatlon has been scheduled for public hearing I am responsible for obtaining
and posting the required sign cn the subject property at least 30 days pncr to the
scheduled public hegnng according'o the lrstruchons n this package
YvSnne H du Buy
AGA n•s Slgnzurc =-nit Nitre
Prow" awre�s signature to J#e I- tnan appinarrL Pint Nane
Saar aoue A,9rai_-
P. Oet!
DISCLOSURE STATEMENT
HARLOW AND DUBUY
Agenda Item # 19
Page 8
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If *he applicant is a corporation partnership firm business or other unincorporated
organization complete the following
1 List the appllcart rame followed by the names of all officers members, trustees
partners etc below (Attach listrfnecessary;
Bryce L Harlow & Sue K Harlow husband and wife
2 L — ail businesses that have a parent subsidiary' or affiliated bustness entrit
relationship with the app;.cant 14trech list if necessaryi
X CheCK here if the applicant is NOTa corporation partnership fine business or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is ddferent horn app;rcant
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 dnecessary)
2 List all businesses that have a parent-sibsidiary' o, affiliated business entry
relationship with the applicant (Attach list dnecessary;
G Check here i the property owner ;s NOT a corporatior partnership fi-m. business
or other unincorporated organization
8 See next page ro• tolrox
s-w cwu ... 12 a13
p.
a..va cynic[
DISCLOSURE STATEMENT
HARLOW AND DUBUY
Agenda Item # 19
Page 9
DISCLOSURE STATEMENT jl
ADDITIONAL DISCLOSURES
List all known contractors or businesses :Fat have or ynll provide services witn
respect to the requested Droperty use rc:uding but not limited to the providers of
architectural services real estate services financial services accounting services
and legal sernces (Attach list if necessary)
Sykes Bourcen Ahe-n d Levy PC
Alphatec Surveyors L -d
'Parent-suosidiary relationship- means 'a re ationshlp that exists when one
corporation directly or Mirectly owns shares possessing more than 50 percent of
the voting power of another cerporatwn' See Stale and Local Government Conflict
of Interests Act Va Coce § 2 2-3101
' 'Affiliated business entity relaborship mears'a relationship other than
parent subsidiary -eiatiorship that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (li) a controlling owner in
one entry is also a controlling owner in the other entity or (in) there is shared
management or control between the business entities Factors that should be
considered In determining the existence o' an affiliated business entity relationship
include that the same person or substantially the same person own or manage the
two enbites there are common or commingled funds or assets the business entries
share the use of the sane offices or employees or otherwise share activities.
resources or personnel or. a regular cases, or there is otherw se a close working
relationship between the entities ' See State and Local Govemmenr Conflict of
Interests Act Va Coce § 2 2-3101
CERTIFICATION 1 certity that lie infonnabon contained herein is true a^d
accurate I understand that upon receipt of notficat•on (postcard) that the
application has been scheduled for public hearing, I am responsible for obtaining
and osting :he required sign on :he sublet property a: least 30 cays poor to the
sct> used public "earTg accoutring to the instructions it this package
i
Bryce L Harlow
Applca�WSigraFre Prrt Name
do . %:�� • / Sue K Harlow
pmpery Owners S•gra•um r•' drNere^' rbar apvhranh Pr,- Na^ e
Sett- C.I. Na t o-
P.,••Y•]
Pe .9"'20U
'�
C )
O
V
DISCLOSURE STATEMENT
HARLOW AND DUBUY
Agenda Item # 19
Page 10
i
1'-
24.
2c
25
29
=S TF;' MaT=E?
= CLDSI`:G, V2-CA=ING AND
DISCONTINUING ,_
PO T_•O\ OT .rFm CE=: 11,'
=PEE_ _-I\CINN ._
EA = =LLE_ I-
BE CLOSED -_.,
SY F
SHC;^iN N THA`
c--.- ._r� -1 A— _NT - -LEE
"EXHI3== JEE
=NG S-REET CLOSJRE CF A
POP=IO\ 27 .-_ -
;r L- S J3DIVL=O`: OF
SY
^_HE _E? BLCC%: T4Ir-E_N_
.:HE=E=;S, Br -ice L. -ar_c
sn•o S-je w< Far_ox, rus_-ard
a-c 'wi-fe; a-c Yvorre H a' B
a _ea -
c' .-_rgrnia Beacr, ._rgrnia,
-o ~lave -.-_-=_ernaft__ described
s-.reet discontinued, closed, and
.~cafe;; a,c:
WHEREAS, It =-` t:-
--reef be discont_-•ued, cl•ose::,
. d, s-h,ect _C
havi.,g bee- _t .
_ be_.,__ c-e
NOW, _:-EREFO E, BE
-_ OF-D:A=NED b_, the Counc_l of the
Beac-,
T: at tre here-inafter desc__bed street oe drsc=:i—.:eG,
closed am vacated, subject -o •certair ccnd_-lens being met -n
_N Z14i2C-37-65'91,
I
3: or befc--e one "_; year f--o- -ty ounc__'s aGop_lor- of �.h-s
32 c_d_narce.
33
34
35
30
3-
3
3
4 i'-i
41
42
43
14
4 5•
46
4-
48
4?
50
or carce_ of _and
s_-ua e, i l o aid be-ria :r f:-.e _-of
-
:'�
es -__bed S- __-- _-
__ S S
the hatched a' -ea 0- �f v� :e=-a=l D,
-._
ent-tied: EXF=3I? CE: \G S-KEE= CL SCRE
OF r ?CRT-CN -
RGIPIT_ Y3E
da-ed =ug,s_ _, - :-, p_ca_ev 2v --_-_ -
✓eyc_s, L--c a
hereto as cal _b_t
The following cc -di__ -ors must be re- or o_ before one
51 _ year from -- ouncil'S a6 .,=tor of t-is ordinance.
52 The Ci-y' 4,ttcrrey's Of'_ce will -ake :he fi-al
53 j-tern-na-_or regard- owre=s^_c of he un.^.erl,::-na fee. ce
54 _cr,ase or-ce _o be z;a-d to t`e --_t'_i S,la_- be Bete T_,ec
55 accordi-:g to t-e =ol-c Regard-^, Purchase cf --ty's=nterest
SE _ Streets =ursua t tc Street Closures,' approved by ity
57 .:o n^__- Cop -es of Salo o-c_- _ are ava-_able -. �he Flair -rig
58 ecar-men.
5 2. The applica=s sha-1- resubdl-.' de the proper-y and
60 acate _=err.a_ -ot dies _.. _-_c-p•o_ate t:n_ _tsec area -r-C
6- =he ad-o-ning parcels. Tne resubdivisi•or plat shall be
2
i
6-
63
6<
6J,
66
E
68
E�
7_
72
73
7=
7
7E
7?
70,
SC
1
82
8
E9
8�
rE
c t;Tltted and app•-cvev =,)r r -cc•r at_o prier tc -- s_re-t
cics',jre approva-.
T'ne appl-car.s _-a11 ver__y t-at r•c pr_vate
_-__ h ies ex_st 'w=t'',in the __g-t-of-way prcposed _or cloy:-e.
--elrminary comments f-c- the 'St___ty c=car.les ind_cate that
-ere are -o pr_✓a°.._t-in t-- r-cht-cf-gray pro, csed
`osre. I_ piattlles d0 exist, he ap_,_.--__iOants
s Hall _ =�ide easer-ents satlsfaOtOry tc• the 'lt_llty cOmpanles.
4. Clos'1re c_ the rig -it -of -way snal_ be contingent
j-on compliance with 1-e abcrE state0 conalt_Ons wit!-ln One ('l;
_ear o- approva- by City Cca-c_=. If all co•ndlclons noted above
a_ not _ , comp__ance ann t fl*-al plat is rot approved _t-_r
,-e :1, `fear o= the City Councl_ 'v OLe to close the street, this
a -ova- N-11 be conslderea -•c-- and cold.
S- T=CN III
If the precea_rc .cna_ticns are net fslf-lied on
- -e:_re an-ary 3 2 _7, tris -r_ _-,ante °411- be deemed r-
-r�O .Old 'a__'-ojt fur her act -or D'v the Cl`_'v --ourlcl_.
=f a--- co-dit_ons are :-et cn or befcre a^ ary
2-1, , the aa-e cf _1^a_ cics'.are _s the vate the street
--,)sure ordlrance _s reccraeo _ the Ci::y At or-^ey
3 - t t event - e o` ._a_l_a 3�ac a a
- --rest i tn--a-____ _ - _ --
3
I
a uthcrLzed -o eveci-- ^a z pe v e - L-er_s, __ ._r r at -a`, Le
_=c,rested =7--el such - _, r•=_ saki dccc-•e-ts a--
app-o®ed !D —e ttcrre,'s ___1Ce
S?CTi--N -
`---1'_-3d
„- _ =s
'-a `." cr- --
; e
flle�
t :e Cle-<'
s OffLoe ._
--_ - __ _ .
__ _ . - _ _
c:
-=rclr-a
Bead,
-ar
_
I
i_OF
'I?G1V_=
B-=C- as
Graitc-
-an a 32y-- L.
: I C -ic E
K
=. _0i%.,
1-us'--and any-
wife; a-d
`i`•'O\ - -. -3J: as
o ted
the
C-r.: of .ir,_
la
3ea•c: ,
.1-g1-_a,
c- tr_s
d-_. ct
c _.
C= - a
L
F--
r
TA_--`:E_ CN-ENT.
I-ro-ob
_ ..ec--t-erit
RO'.
Y
Ei Ajbrr A
H
LOT '3
VANDERBT IL_ AVENUE
_
180 sGr Oc WA -7
Sit:73o" e
5000
- 12 BLG•CK '3
J VS 24 P37
GP'N 242637659100
B33 VANDEPB4' AVE,
N'121736'Y+
5G Cf'
S121736 E
I• a 51- 00'
U
m W
'LLU
WU1Ly
3
2.1 7'36 "E
5000
3
3
LOT
O
<
Iryj QnO Clry
O CIQ
O
�
CT 3 3LGCK 13 i
ICp It)
V3 24 P 37
GPIN 24263755730GO0
828 S!-'PFS'DE AVE
W
i0, 1 3LOCK 13
K
UB 24 P 37
Q
1GP'N 24263754940000
2 BLOCK 13
836 SURFSIDE AVE
VB 24 P „7
GP1N 2426375488000"
832 SURFS'DE A'✓E
5000
5G 00
— N127736 VI
SURFSIDE AVENUE
:'S0 P:Jyr Gr WA v) EXHB'T CEPiC''N''G STREET CLOSURE
(LAKE A'✓EN,i= PC,R P: A7) cr
A PORTION OF A W ALLEY
SUBDIVISION
Or
CHAUTAUOUA BY THE SEA
BLOCK •H,P-,EN
OR, -NIA BEACH W;?GINIA
O - „ ApOUST 2005 SCALE , =25
PROJECT NO '2807
ORAINNC NO 16907
N12'1736 W
' C8-3'-0 '
JOHN F HILL JR
I No OU1433-B .
ALPHATIECI
S U R V E Y O R S L T D
5637 -1C1-1-1CL v .P:x• KECN V6.
-- 75n ^6--_--6FAX-5- 363-5362
Item =19
Brvice L & Sue Harlow and Yonne H DuBuv
Discontinuance. closure and abandonment of a portion of an alley
located between Lots 3 and 13. Block I Chautauqua bN the Sea
832 Surfside Avenue and 8 Vanderbilt Avenue
District 6
Beach
December 14. 2005
CONSENT
William Din My next item is Item -�19 This is an application of Bryce L and Sue K
Harlow and Yvonne H DuBuN This is an application by the applicant for
discontinuance. closure and abandonment of a portion of an alley located between Lots 2
and 12. Block 13. Chautauqua b} the Sea The propem is located between 832 Surfside
Avenue and 833 Vanderbilt Avenue in the Beach District There are four conditions
Eddie Bourdon Thank you Eddie Bourdon for the record representing the applicants
We appreciate being on the consent agenda and are concurrence with all the conditions
recommended
William Din Thank you Mr Bourdon is there any objection to this item being placed
on the consent agenda' If not. Ms Jan Anderson ,kill explain this item
Janice Anderson This is an application for a discontinuance. closure and abandonment
of part of an alley in Croatan The alley is unimproved and not used There have been
several other street closure requirements through the years that we have approved I'Ve
recommend approval of this street closure since there is no future use for this alleyway
William Dm Thank %ou Jan
Janice Anderson Thank -,ou
William Dm I'd like to make a motion to approve the followmo consent agenda item
Item T 19 Bryce L and Sue K Harlo,.+ and Yvonne H DuBuy This is a request for a
discontinuance, closure and abandonment of a portion of an alley located between Lots'_
and 12, Block 1 3, Chautauqua by the Sea This is on property located between 832
Surfside Avenue and 833 %anderbiIt Avenue in the Beach District There are four
conditions associated with that
Donald Horsle,, I'll second it
Dorothy %k ood A motion by Mr Din and a second b Nit HOrSIe\
AYE 10
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
K.ATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
N Al 0 ABS 0 ABSENT 1
ABSENT
Ed Weeden By a Note of 10-0. the Board has approved Item =19 for consent
41-
Item V-Kl.
PLANNING
ITEM # 49347
Michael Perry, Planner, represented the applicant and advised the buffer has been satisfactorily addressed
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council MODIFIED, AS
CONDITIONED, the July 3, 2001, approved Conditional Use Permit for a mini-warehouselsel -storage in
behalf of M & M CONTRACTORS, INC.:
Ordinance upon Application ofM & M Contractors, Inc , for a modification
ofconditions placed on the Conditional Use Permit for mini-warehouselself-
storage facility on July 3, 2001 Property is located on the west side of
South Lynnhaven Road, 400 feet more or less south of Lee Highlands
Boulevard (GPIN #1496-27-1368) DISTRICT 3 -ROSE HALL
The following conditions shall be required
All conditions with the exception of Number 2 and Number 13
attached to the Conditional Use Permit granted by the City
Council on July 3. 2001 remain in affect
Condition Number 2 of the July 3, 2001 Conditional Use Permit
is deleted and replaced with the following
The architectural design elements and exterior building materials
shall be substantially in conformance with those depicted on the
elevation entitled "Proposed Detail Elevations, Morton Realty
Property, Self Storage Facility, " prepared by Sampson and
Associates Architects, P C , dated November 21, 2001
An office manager shall be on -site during flexible hours of
operation with the site accessible for customer use
Voting 11-0
Council Members Voting Aye
Linwood O Branch, 111, Margaret L Eure, William W Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Mandigo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
William D Sessoms, Jr and Rosemary Wilson
Map H-8 , M&M li
W
QQ_ 4
" H 6wGG�f
: =A`
y 4rY� j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: M&M Contractors, Inc. — Modification of a Conditional Use Permit
MEETING DATE: January 31, 2006
■ Background:
An Ordinance upon Application of M&M Contractors, Inc for a Modification of
Conditions for a Conditional Use Permit approved by City Council on February 26,
2002 Property is located at 533 South Lynnhaven Road (GPIN 14962713680000)
DISTRICT 3 — ROSE HALL
■ Considerations:
The applicant is requesting a Modification to the Conditional Use Permit for a
mini -warehouse facility, as approved on July 3, 2001 and modified on February
26, 2002 The request is to allow an additional 4,225 square feet of additional
storage space, necessitating a change in Condition 1
Condition 2 of the 2002 approval ties down the architectural elevations, however,
during construction of the structures, building materials different from those
required were used The building was constructed of blue concrete masonry,
rather than brick to match the adjacent Brookwood Elementary School, as
required by Condition #2 The Planning Commission required the applicant to
install a fiberboard panel brick facade over the block walls where visible from
South Lynnhaven Road before the request for an expansion of this mini
warehouse facility was considered The corners will be trimmed with a
prefinished metal trim piece At the time of Planning Commission public hearing,
the applicant was approximately 90 percent complete with this retrofit Condition
#2 needs to be modified to reflect use of the fiberboard panel brick fagade
The Planning Commission placed this item on the consent agenda because the
applicant has worked with staff to resolve outstanding issues over the facade of
the building and they found the expansion to be appropriate for this location
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve this request with the following conditions
All conditions of the Conditional Use Permit granted by the City Council on
July 3, 2001, with the exception of Condition Number 1, and all conditions
M&M Contractors, Inc
Page 2 of 2
of the Modification of Conditions granted by the City Council on February
22, 2002, shall remain in affect Condition Number 1 of the July 3, 2001,
Conditional Use Permit is deleted and replaced with the following
When the property is developed, it shall be developed substantially as
shown on the exhibit entitled, "Conceptual Site Layout and Landscape
Plan of Wyoming Mini Storage, South Lynnhaven Road, Virginia Beach,
VA," prepared by MSA, Inc , dated 9-7-04
2 The architectural design elements and exterior building materials shall be
substantially in conformance with those depicted on the elevation entitled
'Proposed Detail Elevations. Morton Realty Property, Self Storage Facility,
" prepared by Sampson and Associates Architects, P C , dated November
21, 2001, with one exception the use of Nichiha fiber cement Brestone —
Forest Brown shall be substituted in lieu of the previously required brick on
the block facade facing South Lynnhaven Road and any other block
fagade facing South Lynnhaven Road
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenUAgency: Planning Department A�
City Manager: 1c, W%L
v
M&A1 Contractors Inc
✓ �<
M&M CONTRACTORS
j;
=�s
ituG^ tL
�_--
INC.
�
gA=�"
-
Agenda Item #41
December 14, 2005 Public Hearing
--_--
"}
Staff Planner Carolyn A K Smith
-
�a=r-
REQUEST:
Modification of the Conditional Use Permit approved by the City Council on February 26, 2002 for a mini
storage facility
ADDRESS / DESCRIPTION: Property located at 533 South Lynnhaven Road
GPIN: COUNCIL ELECTION DISTRICT SITE SIZE
14962713680000 3 - ROSE HALL 5 08 acres
SUMMARY OF REQUEST
At the September 14, 2005 Planning Commission Public
Hearing, the applicant was instructed to install the new fiberboard panels on the fagade of the
buildings facing South Lynnhaven Parkway. As of the printing of this report on December 1, 2005,
the majority of the work has been done Staff met with the applicant on site and discussed trim
possibilities and a solution of prefinished metal corner trim, satisfactory to Staff, will be installed.
Photos of the retrofitted fagade will be provided at the Planning Commission meeting on
December 14, 2005.
The applicant's request for a Modification to the Conditional Use Permit, as submitted for consideration in
September, is twofold
(1) Condition 2 of the 2002 approval ties down the architectural elevations, however, during
construction of the structures. building materials different from those required were used Thus,
the applicant is requesting that a change to the original architectural elevations be considered
(2) Condition 1 of the 2001 approval dictates the layout of the facility The applicant proposes to add
approximately 4,225 square feet of additional storage space, necessitating a change in Condition
The Conditional Use Permit permitting a mini -storage facility was approved by the City Council originally
on July 3. 2001 and then modified by City Council on February 26, 2002 The modification approved in
2002 removed the condition regarding the hours of operation and the requirement for a full-time resident
M & M CONTRACTORS
Agenda Item # 41
Page 1
manager The 2002 conditions include the alteration of the architectural design of the office due to the
elimination of the manager's apartment (from a two-story to a one-story building)
The Conditional Use Permit permitting the self -storage facility was approved by the City Council on July 3
2001 with 16 conditions
1 When the property is developed, it shall be developed substantially as shown on the exhibit
entitled, Conceptual Site Layout Plan of Morton Realty Property Self -Storage Facility," prepared
by MSA, Inc . dated 5-10-01
2 The architectural design elements and exterior building materials shall be substantially in
conformance with those depicted on the elevation entitled 'Proposed Street Elevation, Morton
Realty Property, Self Storage Facility,' prepared by Sampson and Associates Architects, P C ,
dated 5-21-01
3 The foundation landscaping for the units with frontage along South Lynnhaven Road shall be
installed as Category I as described in the City of Virginia Beach Landscape Screening and
Buffering Specifications and Standards manual An undulating 10 foot wide landscape area shall
also be installed along South Lynnhaven Road from the southeast property line to the proposed
entrance A mix of trees and shrubs shall be installed within this area and may be grouped or
massed to provide visual interest as well as additional screening along the street frontage
4 Any freestanding sign shall be monument style with a brick base that matches the brick depicted
on building elevation Such sign shall not exceed a height of eight (8) feet and shall be externally
lit from ground level There shall be no business identification signage on the walls or roof of the
building
5 All exterior lighting shall be low intensity and residential in character and shall not be erected any
higher than fourteen (14) feet According to Section 237 of the City Zoning Ordinance, all outdoor
lighting shall be shielded to direct light and glare onto the mini warehouse facility Said lighting
and glare shall be deflected, shaded and focused away from all adjoining properties
6 The entrance into the facility shall align with the existing Sabre Street extension located on the
east side of South Lynnhaven Road
7 No land disturbance shall occur within the 100 foot Resource Protection Area buffer
8 No building permit shall be issued without evidence of permission from the United States Army
Corps of Engineers to impact the non -tidal wetlands depicted on the concept plan
9 No building permit to construct this mini warehouse facility shall be issued until the billboard
identified on the conceptual plan is removed in its entirety
10 All fencing visible from either a public right-of-way or from the adjacent single-family subdivision
to the west shall be wrought iron -style No barbed wire, razor wire or any other fencing devices
shall be installed on the roof or walls of the building or on the fence on the property
11 No storage of flammable or hazardous materials shall be stored in any unit
12 There shall be no electric or diesel power generator or generator fueled by any other source of
energy located outside of any building
M & M CONTRACTORS
Agenda Item # 41
Page 2
13 There shall be an on -site resident manager at all times, 24 hours a day
14 Drive aisles shall beat least 18 feet wide to accommodate emergency apparatus
15 No on -site business shall be conducted such as automobile repair or storage, cabinet shops or
similar types of hazardous operations
16 The units shall be used only for the storage of goods The units shall not be used for office
purposes, band rehearsals, or any other purpose not consistent with the storage of goods No
public assembly or continuous occupancy of the units shall be permitted
The Modified Conditional Use Permit aooroved in 2002 has the following conditions
1 All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use
Permit granted by the City Council on July 3. 2001 remain in affect
2 Condition Number 2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the
following
The architectural design elements and exterior building materials shall be substantially in
conformance with those depicted on the elevation entitled "Proposed Detail Elevations
Morton Realty Property, Self Storage Facility. " prepared by Sampson and Associates
Architects. P C , dated November 21, 2001
3 Condition Number 13 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the
following
An office manager shall be on -site during all hours of operation when the site is
accessible for customer use
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Mini -storage facility
SURROUNDING LAND North 0
Vacant parcel / B-2 Community Business District
USE AND ZONING South 0
Brookwood Elementary School / B-2 Community Business
District
East 0
South Lynnhaven Road, office / B-2 Community Business
District, 1-1 Light Industrial District
West 0
Single-family homes / R-7 5 Residential District
NATURAL RESOURCE AND This property is located within the Chesapeake Bay watershed and
CULTURAL FEATURES* portions are within the Resource Protection Area, the most stringently
regulated portion of the Chesapeake Bay Preservation Area The
original proposal did displace approximately 0 17 acres of nontidal
wetlands The applicant worked with the United States Army Corps of
Engineers prior to land disturbance associated with the existing mini
M & M CONTRACTORS
Agenda Item # 41
Page 3
storage facility
AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Oceana
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South
Lynnhaven Road is a four (4) lane urban arterial No improvements are proposed within the City's MTP
for this roadway
Name Present
Volume
_vnnhaven ! 21,160 ADT
' Road
14,800 ADT '(Level of
Service "C') — 22.800 ADT
(Level of Service "D")
Generated Traffic
�niauny �anu we —
141 ADT
Proposed Land Use 3-
151
Daily Trips
'as defined by 55,300 st of mini warehouse
as defined by 60.500 sf of mini warehouse
WATER & SEWER: This site is connected to City water but no City sanitary sewer is available
This site is located in a Primary Residential Area The COMPREHENSIVE PLAN
Comprehensive Plan Policy document reinforces the suburban charactenstics of commercial centers and other non-
residential areas for this area The Plan stated 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
(page 91)"
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request for an expansion to the existing mini -storage facility and for
the modification of the approved fagade facing South Lynnhaven Road At the November Planning
Commission meeting, the Planning Commission advised the applicant that the proposal for the expansion
of the facility would not be considered until the retrofit is completed There was concern of how the
corners would be trimmed out A solution, acceptable to Staff, was found after meeting with the applicant
on site The corners will be trimmed with a prefinished metal trim piece The applicant, at the time of
printing, was approximately 90 percent complete with this retrofit A report of the status of the completion
of the work, as directed by the Planning Commission, will be provided at the December 14, 2005 meeting,
along with slides and photos of the work
M & M CONTRACTORS
Agenda Item # 41
Page 4
During the original review of this Use Permit in 2001, Staff was reluctant to recommend favorably for the
mini -storage facility, as the use did not appear consistent with the recommendations of the
Comprehensive Plan However, the configuration of the property and the presence of environmental
features contributed to the difficulty the landowner had in marketing this site for an office or retail
operation Understanding the owner's dilemma, Staff worked diligently with the applicant's representative
to ensure that the architectural design and materials would be of high quality as the visual impact of this
operation would be great The architectural design, site layout and building materials combined with the
exceptional landscape plan were deemed to overcome any negative visual impact that a facility of this
type could cause Upon completion of negotiations with the applicant's architect and landscape architect
and engineer. Staff felt confident that the proposal would be superior Unfortunately, at some point during
the construction phase. the primary exterior building material of the facrade was substituted with a blue
cementious masonry unit (CMU) block for what was supposed to be a neutral color brick that would match
the existing elementary school adjacent to this site The Zoning Inspector notified the property owner of
the discrepancy and attempted to resolve the issue, however, the owner indicated that he was unaware of
such a requirement Since that time, Staff has worked with the applicant and a solution has been found
The applicant is proposing and has almost completed the retrofit of adding fiber cement panels to the
facade where brick was originally proposed These panels resemble brick and have been installed over
the concrete masonry units It is Staff's opinion that this is an acceptable resolution and recommends
approving the request The applicant has agreed to retrofit the facades visible from South Lynnhaven
Road As stated above, the status of this work will be reported to the Commission at the December
meeting
Listed below are recommended conditions of approval for the Modification of the Use Permit for the
alteration of Condition 1, allowing the expansion of the facility
1 All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the
exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the
City Council on February 22, 2002. shall remain in affect Condition Number 1 of the July 3. 2001,
Conditional Use Permit is deleted and replaced with the following
When the property is developed, it shall be developed substantially as shown on the exhibit entitled,
'Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage, South Lynnhaven Road,
Virginia Beach, VA," prepared by MSA, Inc , dated 9-7-04
The architectural design elements and exterior building materials shall be substantially in conformance
with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self
Storage Facility, " prepared by Sampson and Associates Architects, P C . dated November 21. 2001,
with one exception the use of Nichiha fiber cement Brestone — Forest Brown shall be substituted in
lieu of the previously required brick on the block facade facing South Lynnhaven Road and any other
block fagade facing South Lynnhaven Road
M & M CONTRACTORS
Agenda Item # 41
Page 5
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.
M & M CONTRACTORS
Agenda Item # 41
Page 6
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M & M CONTRACTORS
Agenda Item # 41
Page 8
Bayscape Buffer Planting:
-Winged Euonymus
-Parsons Juniper ff
-Liriope
-Mulched Bed
Foundation Landscaping:—'
-Camelia
Decorative Fence, Typ.—�
Existing Trees To Be
Removed (3)
Replacement Trees(3):
Buffer Restoration Planting:
-Groundcover
-Herbaceous Plants
-Shrubs
-Mulched Bed
Existing Trees to Remain, Typ
M & M CONTRACTORS
Agenda Item # 41
Page 9
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Agenda Item # 41
Page 10
1
2
3
4
5
6
7
2/26/02
Modification of Conditions
Granted
7/3/01
Conditional Use Permit (self -storage
Granted
facility)
11/24/98
Conditional Use Permit (residential
Denied
kennel)
8/11/98
Subdivision Variance
Granted
2/1/88
Conditional Use Permit (fuel pumps)
Denied
1/23/83
Conditional Use Permit (recreational
Withdrawn
facility of an outdoor nature)
8/8/83
Change of Zoning (B-2 to 1-1)
Withdrawn
8/88/83
Change of Zoning (1-1 to B-2)
Withdrawn
M & M CONTRACTORS
Agenda Item # 41
Page 11
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Page 9
Item #41
M & M Construction. Inc
Modification of Conditions
533 South L_nnhaven Road
District 3
Rose Hall
December 14. 2005
CONSENT
William Din My last item is Item #41 This is M & M Contractors, Inc This is an
application for a Modification of Conditions for a Conditional Use Permit that was
previously approved by the City Council on February 26, 2002 The property is located at
533 South Lynnhaven Road in the Rose Hall District and there are two conditions there
Michael Goldmeier Hi Michael Goldmeier, President of M&M Contractors and also
part owner of Wvorrung Associates, the owners of the mini -storage and we accept all the
conditions
William Din Thank you
Michael Goldmeier Thank you and thank the staff for their help
William Din Thank you
Dorothy Wood Thank you for doing the work on the building
William Din Is there any objection to placing this item on the consent agenda' if not,
Mr Barn Knight will explain this item
Barry Knight Yes This is an agenda item that has come before us before We requested
the contractors and the owners and the applicant to meet a preexisting condition that was
put on the original Conditional Use Permit, which is put up a brick fagade and paint and
some earth tones on the building They have since done that so now we're placing this on
the consent agenda and recommend that it be approved
William Din Thank you Barn I'd like to make a motion to approve the following
consent agenda item Item #41 is M&M Contractors, Inc This is a request to modify
conditions on a Conditional Use Permit previously approved b} City Council This is on
property located on 533 South Lvnnhav: n Road in the Rose Hall District with two
condition,
Donald Horsley I'll second it
Dorothv Wood A motion by Mr Din and a second by Mr Horsley Mr Miller
Item #41
N1 & M Construction. Inc
Page
Robert Miller I need to abstain from Item #41 �1y firm is working on that project
Dorothy Wood Thank you sir
AYE 9 NAY 0 ABS I ABSENT 1
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
MILLER
ABS
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden By a vote of 9-0, with the abstention so noted, the Board has approved Item
#41 for consent
William Din Thant. you Mr Weeden
Dorothy Wood Thank you
Subdivision Variance
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: United States Fish and Wildlife Service and Judy and James Froman —
Subdivision Variance and Floodplain Variance
MEETING DATE: January 31, 2006
■ Background:
a Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for United States Fish
and Wildlife Service Property is located at 1793 & 1769 Nanneys Creek
Road (GPIN 24102632110000, 24102549220000) DISTRICT 7 —
PRINCESS ANNE
An Ordinance upon Application of United States Fish and Wildlife Service
and Judy and James Froman for a Variance to Section 5B of the Site Plan
Ordinance, Floodplain Regulations on property located at 1793 and 1769
Nanneys Creek Road(GPIN 24102632110000,24102549220000)
DISTRICT 7 — PRINCESS ANNE
■ Considerations:
Two lots currently exist at this location There is a single-family home on a three
(3) acre parcel and a 49 acre tract that is vacant Both parcels are zoned AG-
VAG-2 Agricultural District The subject site is located within the Back Bay
watershed Floodplains within the Back Bay watershed are subject to special
restrictions contained within the site plan, subdivision and zoning ordinances
The subject site is entirely below the elevation five (5) feet mean sea level,
except for the existing home site and some small knolls as noted on the exhibit
It is the intent of the applicant to subdivide the 49-acre tract into two new parcels,
as well as giving additional land in the amount of two (2) acres to the existing
single family home site One of the new parcels will measure 8 97 acres and the
other will measure 37 16 acres
Section 5B 5(b) of the Site Plan Ordinance, Floodplain Regulations does not
permit new residential dwelling structures to be constructed within the floodplain
subject to special restrictions on lots created after the effective date of the
ordinance, October 23, 2001 Two new dwellings are depicted on the exhibit
submitted with this application
United States Fish and Wildlife Service and Judy and James Froman
Page 2 of 3
Further, Section 5B 5(c) of the Site Plan Ordinance, Floodplain Regulations does
not permit filling within the floodplain subject to special restrictions Filling within
the floodplain is required to accommodate new residential dwellings
Staff recommends approval of the subdivision variance The proposed
subdivision of the 49 acre parcel into two lots would be allowed by right if the
property were not below the 100 year floodplain elevation There are no
immediate plans to build any new homes on this property The main purpose of
this subdivision is to allow the US Fish and Wildlife Service to purchase the 37
acre parcel for preservation as part of the Back Bay Management Area This
purchase will be a benefit, not a detriment, to the surrounding area The
remaining parcel is proposed to be developed as a single family home site for a
family member in the future
Staff recommends approval of the variance to Section 5(B) of the site plan
ordinance to construct residential dwelling(s) on the property as shown on the
exhibit Although there are two proposed dwellings shown, there are no
immediate plans to construct either of these If the US Fish and Wildlife Service
completes the purchase of the 37 acre site, no residential dwelling will be
constructed The other dwelling, shown east of the existing home, could be
constructed by right today if the 49 acre parcel were left intact, since that parcel
existed prior to October 23, 2001 In addition, the dwelling shown east of the
existing home is not contemplated at this time Because the construction of
these residential dwellings is not imminent, the floodplain mitigation plan
submitted by the applicant is preliminary in nature Additional work on the
floodplain mitigation plan will be needed in order to meet the performance
standards listed in the staff report, therefore, staff has included conditions to
address this
The Planning Commission placed the items on the consent agenda because
approval facilitates the 37 acre parcel being purchased by the U S Fish and
Wildlife Service Commissioners believe that ownership by the U S Fish and
Wildlife Service will best preserve the sensitive environmental features of the
property and will retain the rural character of the area
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve the requests with the following conditions
1 The parcels shall be subdivided and recorded as depicted on the plan entitled
"Subdivision Exhibit, Property of James C and Judy S Froman" prepared by
Woolpert, Inc and dated 09/26/05 This exhibit is on file with the Planning
Department
2 Prior to any new dwelling being constructed on the property, a floodplain
mitigation plan meeting all performance standards listed in Section 5(B)(f) of
the Site Plan Ordinance shall be submitted to and approved by the Planning
Department. Development Services Center
United States Fish and Wildlife Service and Judy and James Froman
Page 3 of 3
3 The area of fill associated with any new dwelling shall not exceed 4,900
square feet as shown on the preliminary floodplain mitigation plan
calculations prepared by Woolpert, Inc and dated November 10, 2005
These calculations are on file with the Planning Department
4 The amount of fill associated with any new dwelling shall not exceed 12,000
cubic feet as shown on the preliminary floodplam mitigation plan calculations
prepared by Woolpert, Inc and dated November 10, 2005 These
calculations are on file with the Planning Department
■ 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. IL ,7V 6v4L
U.S. FISH AND
WILDLIFE SERVICE
AND JUDY & JAMES
FROMAN
Agenda Item # 17 & 18
December 14, 2005 Public Hearing
Staff Planner Barbara Duke
REQUEST:
.I
17) Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance that requires all newly created
lots meet all the requirements of the City Zoning Ordinance
18) Variance to Section 5B of the Site Plan Ordinance. Floodolain Regulations
ADDRESS / DESCRIPTION: Property located at 1793 and 1769 Nanneys Creek Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE
1) 2410-26-3211 7— PRINCESS ANNE 1) 3 acres
2) 2410-25-4922 2) 49 acres
SUMMARY OF REQUEST
Subdivision Variance
Existing Lot: There are two existing lots There is a single-family home site on a three (3) acre parcel
and a 49 acre tract that is vacant Both parcels are zoned AG-1/AG-2 Agricultural District The subject
site is located within the Back Bay watershed Floodplains within the Back Bay watershed are subject to
special restrictions contained within the site plan, subdivision and zoning ordinances The subject site is
entirely below the elevation five (5) feet mean sea level, except for the existing home site and some small
knolls as noted on the exhibit
Proposed Lots: It is the intent of the applicant to subdivide the 49-acre tract into two new parcels, as well
as giving additional land in the amount of two (2) acres to the existing single family home site One of the
new parcels will measure 8 97 acres and the other will measure 37 16 acres
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 1
1talm Helamod Parcel B3 Parcel B4
LotWidth in feet 150 405 20' >500
Lot Area m acres 1 acre 8 97' 37 1'
'Variance required to both lot width and lot area for both proposed parcels B3 and B4 due to the
low elevations on the property In the Back Bay watershed, areas below the 100 year floodplain elevation
of five (5) feet mean sea level cannot be counted toward the minimum lot area or lot width requirements
for subdivision purposes
Variance to Section 5B of Site Plan Ordinance, Floodalain Regulations
Section 5B.5(b) — This section does not permit new residential dwelling structures to be constructed
within the floodplain subject to special restrictions on lots created after the effective date of the ordinance,
October 23, 2001 Two new dwellings are depicted on the exhibit submitted with this application
Section 5B.5(c) —This section does not permit filling within the floodplain subject to special restrictions
Filling within the floodplain is required to accommodate new residential dwellings
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family home exists on the three (3) acre parcel The 49-acre parcel contains
grasslands, wetlands and forested areas
SURROUNDING LAND North a Nanneys Creek Road
USE AND ZONING: South
Nanneys Creek
East . Single-family homes / AG-1/AG-2 Agricultural District
West 0 Nanneys Creek
NATURAL RESOURCE AND Nanneys Creek borders this property to the south and west The United
CULTURAL FEATURES: States Fish and Wildlife Service has a contract to purchase proposed
Parcel B4 (37 1 acres) for preservation as part of the Back Bay
Management Area No structures will be placed on the property if the
U S Fish and Wildlife Service gains title to the land
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Nanneys
Creek Road is considered a two lane rural roadway No improvements to this roadway are identified on
the Master Transportation Plan or in the current Capital Improvement Program
WATER and SEWER Public water and sewer are not available to this site Health Department approval for
wells and septic is required
The Comprehensive Plan designates this area as the Rural COMPREHENSIVE PLAN
Area that should remain rural into the foreseeable future As such, it must rely on sound rural planning
principles and effective economic strategies to help it retain its character and vitality
EVALUATION AND RECOMMENDATION
Subdivision Variance
Section 9 3 of the Subdivision Ordinance states
No variance shall be authorized by the Council unless it finds that
A Strict application of the ordinance would produce undue hardship
B The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected
C The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance
D The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance
Staff recommends approval of the subdivision variance requested The proposed subdivision of the 49
acre parcel into two lots would be allowed by right if the property were not below the 100 year floodplam
elevation There are no immediate plans to build any new homes on this property
The main purpose of this subdivision is to allow the US Fish and Wildlife Service to purchase the 37 acre
parcel for preservation as part of the Back Bay Management Area This purchase will be a benefit, not a
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 3
detriment, to the surrounding area The remaining parcel is proposed to be developed as a single family
home site for a family member in the future
Variance to Section 58 of Site Plan Ordinance (Floodolam Variance)
Staff recommends approval of the variance to Section 5B of the Site Plan Ordinance with the conditions
noted below
Section 56 8 (a) of the Site Plan Ordinance states
No variance shall granted unless the City Council finds that
A Such variance will not create or result in unacceptable or prohibited increases in flood
heights, additional threats to public safety, extraordinary public expense, nuisances, fraud
or victimization of the public
B The granting of such variance will not be detrimental to other property in the vicinity
C The circumstances giving rise to the variance application are not a general or recurring
nature
D Such circumstances arise from the physical character of the property or from the use or
development of adjacent property and not form the personal situation of the applicant
E The granting of such variance will not be in conflict with any ordinance or regulation of the
city
Section 56 8 (f) provides additional guidance in the evaluation of floodplain variance applications The
section notes. "No variance shall be granted by the Council unless the following performance standards
are met
Filling shall be limited to the smallest volume and area possible
Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created
for area filled to ensure no net loss of storage occurs as result of filling
All floodplain mitigation shall be located on the project site and shall be located contiguous to the
existing floodplain
The general characteristics and functions of the floodplain shall not be adversely affected
Wetlands protection and buffer area requirements set forth in section 7 of the Southern
Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted "
Staff recommends approval of the variance to Section 5(B) of the site plan ordinance to construct
residential dwelling(s) on the property as shown on the exhibit Although there are two proposed
dwellings shown, there are no immediate plans to construct either of these If the US Fish and Wildlife
Service completes the purchase of the 37 acre site, no residential dwelling will be constructed The other
dwelling, shown east of the existing home, could be constructed by right today if the 49 acre parcel were
left intact, since that parcel existed prior to October 23, 2001 In addition, the dwelling shown east of the
existing home is not contemplated at this time Because the construction of these residential dwellings is
not imminent. the floodplain mitigation plan submitted by the applicant is preliminary in nature Additional
work on the floodplain mitigation plan will be needed in order to meet the performance standards listed
above, therefore. staff has included conditions to address this as noted below
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 4
The recommended conditions for the approval of the subdivision variance and the floodplain variance are
are provided below
1 The parcels shall be subdivided and recorded as depicted on the plan entitled 'Subdivision Exhibit,
Property of James C and Judy S Froman" prepared by Woolpert, Inc and dated 09/26/05 This
exhibit is on file with the Planning Department
2 Prior to any new dwelling being constructed on the property, a floodplain mitigation plan meeting all
performance standards listed in Section 5(6)(f) of the Site Plan Ordinance shall be submitted to and
approved by the Planning Department, Development Services Center
3 The area of fill associated with any new dwelling shall not exceed 4,900 square feet as shown on the
preliminary floodplain mitigation plan calculations prepared by Woolpert. Inc and dated November 10,
2005 These calculations are on file with the Planning Department
4 The amount of fill associated with any new dwelling shall not exceed 12,000 cubic feet as shown on
the preliminary floodplain mitigation plan calculations prepared by Woolpert Inc and dated November
10, 2005 These calculations are on file with the Planning Department
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.
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 5
A
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Tl�ill _
PROPOSED SITE PLAN
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 7
Map K-L 18
AG-1
,I
AG-2 1
O \� AG-2
AG-2
AG -I
1 07/09/91 Subdivision Variance
' Granted
2
06/09/92 Conditional Use Permit (single family . Granted
homes)
ZONING HISTORY
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 8
11 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)
United States Fish and Wildlife Service
2 List all businesses that have a parent -subsidiary' or affiliated business entityz
relationship with the applicant (Attach list if necessary)
N/A
✓❑ 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)
Owners Judy Snell Froman and James C Froman
Trustee Wachovia Bank, National Association
2 List all businesses that have a parent -subsidiary' or affiliated business enbty2
relationship with the applicant (Attach list if necessary)
N/A
❑✓ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization
8 See next page for footnotes
Fb plain Variance App rMhan
Page 9 0110
Rereep 9/1/ O0
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 9
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)
Woolpert, Inc
Pioneer Title
United Country Tidewater Real Estate
' '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 ealabonship, 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 entitles 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 entibes 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 entibes " See State and Local Government Conflict of Interests Act, Va
Code § 2 2-3101
CERTIFICATION I certify that the informabon contained herein is true and accurate
I understand that, upon receipt of notification (postcard) that the applicabon 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
Jared Brandwein
Pnnt Name
11 Judy Snell Froman
Prop &Xr s Signature (if different than applicant) Pnnt Name
r1oWpAin Vamnm Applr tian
Page 10 Of 10
Renaetl Wir,004
U.S. FISH AND WILDLIFE SERVICE & JUDY AND JAMES FROMAN
Agenda Item # 17 & 18
Page 10
Item # 17 & 18
United States Fish and Wildlife Service and
Judy and James Froman
Subdivision Variance
Variance to Section 5B of the Site Plan Ordinance,
Floodplain Regulations
1793 & 1969 Nanneys Creek Road
District 7
Princess Anne
December 14, 2005
CONSENT
William Din My next two items are Items #17 & 18, United States Fish and Wildlife
Service and Judy and James Froman Item # l7 is the Appeal to Decisions of
Adrnmistrative Officers in regard to certain elements of the Subdivision Ordinance,
Subdivision for the United States Fish and Wildlife Sen ice Item #18 is a request fora
Variance of Section 5B of the Site Plan Ordinance Floodplain Regulation on property
located at 1793 and 1769 Nanneys Creek Road in the Princess Anne District and there are
four conditions Yes sir
Rick Jorgenson Good afternoon Rick Jorgenson with the U S Fish and Wildlife
Service and I'm here to seek the approval of the Board for this on the consent agenda. A
three -lot subdivision on Nanneys Creek Road that is intended to facilitate acquisition of
37 acres by the U S Fish and Wildlife Service as part of the Back Bay Natural Wildlife
Refuge Basically we are responsible in acquiring parcel ownerships to provide survey
and subdivision of the property as necessary to meet local zoning and Fish and Wildlife
Refuge Service regulations So, essentially we are willing to accept the five conditions
that have been recommended y
William Din I think there are four conditions sir
Rick Jorgenson Yes There are four conditions.
William Din You've read those and you agree with those'
Rick Jorgenson Yes I do
William Din Alright Thank you very much
Rick Jorgenson Thank you
William Din is there any objection to placing this on consent agenda" Yes sir Do you
have an objection to it'
Item #17 & 18
United States Fish and Wildlife Service and Judy and James Froman
Page
Dean Cummings Yes
William Dm We'll drop this item down if you're opposing this
DeanCumnungs Okay I would like to hear it My name is Dean Cummings and I live
right down the street and 1 would like to hear this item explained in further detail whether
this is going to be putting in a subdivision or exactly what is going on So, I Just would
like to hear him explain that thing
Dorothy Wood You can go outside and talk about it and then we'll drop you down Do
you mind'
Dean Cunirmngs- Thanks
Dorothy Wood It's not a subdivision 1 don't believe
William Din So, we will hold off until you come back and if you're still confused about
this issue then we will hear this issue
Rick Jorgenson It should take about two seconds
Dorothy Wood Okay Thank you
LATER
Yes sir Item #17 & 18 is the United States Fish and Wildlife Service Do you still have
an objection to placing this on consent or would like to withdraw your objection'
Dean Cummings No I do not After speaking with the representative of the Fish and
Wildlife Service. I have no problem with this whatsoever
William Din Thank you
Dean Cummings Thank you
William Din There are four conditions associated with that and they have accepted that
Again, Mr Barry Knight will you please explain this item'
Barry Knight This is a piece of property and is actually just around the comer from my
house It borders on Nanneys Creek The Fish and Wildlife Service has been wanting to
purchase this piece of property for a few years now as they own most of the watershed on
Nanneys Creek and the family that owns it has owned this property for many, many years
and the Fish and Wildlife wants to subdivide this property so they can get al I the property
along Nanneys Creek and e large portion of high ground. which I believe is 37 acres
Item #t7 & 18
United States Fish and Wildlife Service and Judy and James Froman
Page 3
They are going to subdivide the property but they are not going to build any houses or any
structures on this property So in keeping with the rural character and a good neighbor
the Fish and Wildlife we think it is a wonderful request and therefore we have put it on
the consent agenda
William Din Thank you Barry I'd like to make a motion to approve the following
consent agenda item Items #17 & 18 are the United States Fish and Wildlife Service and
Judy and James Froman This is an appeal to the Administrative Officers in regard to
certain elements of the Subdivision Ordinance and a request for Variance to Section 5B
of the Site Plan Ordinance, Floodplam Regulation This is for property located at 1793
and 1769 Nannevs Creek Road in the Princess Anne District This has four conditions
associated with it
Donald Horsley I'll second it
Dorothy Wood A motion by Mr Din and a second by Mr Horsley
Janice Anderson Ms Wood.
Dorothy Wood Yes
Janice Anderson I need to abstain from Items #17 & 18. My firm is working with that
purchase
Dorothy Wood Thank you
AYE 9 NAY 0 ABS 1
ANDERSON
ABS
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABSENT 1
ABSENT
Ed Weeden By a vote of 9-0, with the abstention so noted. the Board has approved Items
#17 & 18 for consent
Map D7,8 Central Park Assoc. LLC
r CI0-
�
F-71G �, / _ _
A-18
177
i
/ A
b.
Conditional Zoning Change t.om Cond B-2 to Cond A-24
�_• •,i si
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Central Park Associates, L.L.C. — Change of Zoning District Classification
(Conditional B-2 Community Business District to Conditional A-24 Apartment
District)
MEETING DATE: January 31, 2006
■ Background:
An Ordinance upon Application of Central Park Associates, L L C for a Change
of Zoning District Classification from Conditional B-2 Community Business
District to Conditional A-24 Apartment District on property located at 5129
Bonney Road(GPINs 14678061770000,14678030930000) The
Comprehensive Plan designates this site as being within the Primary Residential
Area The purpose of this rezoning is to develop multi -family residential units
DISTRICT 2 — KEMPSVILLE
■ Considerations:
The property was granted a rezoning from R-7 5 to Conditional B-2 Community
Business District in 2002 to construct a 36,000 square foot, one story office
building with limited retail space (up to 10,000 square feet of the total) The
applicant has decided to pursue a rezoning for multifamily rather than develop
the property with the office building
The Planning Commission placed this item on the consent agenda because they
felt that it was an appropriate use for the site The proposal is in conformance
with the Comprehensive Plan's recommendations for this area and compatible
with the adjacent residential neighborhood as well as with the office building to
the west The exterior building materials proposed are a combination brick and
cement fiber board (Hardiplank) The design of the units is reflective of the
quality of similar, recently approved multifamily developments within the vicinity
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, as proffered
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Central Park Associates, L L C
Page 2of2
Location Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting DepartmentlAgenlcy: Planning Department
City Manager z;r!Y r /' Z�9 eot,
M., o'a Central Park Assoc LLC
CENTRAL PARK `'~ _ RSD_
i- s <
iit � ��-
�I° :! 4
ASSOCIATES, L.L.C.
: M` SD
Agenda Item # 3 . Z = �\� r f
December 14, 2005 Public Hearing A-18 t,
Staff Planner Carolyn A K Smith
'. <A
REQUEST a-z° _
—d o-d Zo- r4 <-,-r •x, -md 9 2 ,o Ca-d . o,
Change of Zoning District Classification from Conditional B-2 Community Business District to Conditional
A-24 Apartment District
ADDRESS / DESCRIPTION: Property located at 5129 Bonney Road
GPIN• COUNCIL ELECTION DISTRICT: SITE SIZE
14678061770000 2 — KEMPSVILLE 4 551 acres
14678030930000
The property was granted a rezoning from R-7 5 to SUMMARY OF REQUEST
Conditional B-2 Community Business District in 2002
to construct a 36,000 square foot, one story office building with limited retail space (up to 10,000 square
feet of the total) The property was granted a rezoning from R-7 5 to Conditional B-2 Community Business
District in 2002 to construct a 36,000 square foot, one story office building with limited retail space (up to
10,000 square feet of the total) The applicant has decided to pursue a rezoning for multifamily rather
than develop the property with the office building
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is a single family dwelling and several small structures on the property,
however, the majority of the site is wooded
SURROUNDING LAND North 0 Bonney Road, single family dwellings / R-10 Residential District
USE AND ZONING: South 0 vacant right-of-way, multifamily / R-7 5 Residential District, A-12
Apartment District
East . vacant parcel, vacant right-of-way / R-51D Residential District,
R-7 5 Residential District, A-12 Apartment District
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 1
West . Office building i Conditional B-2 Community Business District
NATURAL RESOURCE AND The majority of the property is heavily wooded Other than some
CULTURAL FEATURES: significant trees, there are no other sensitive environmental features
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): Bonney
Road, in the vicinity of this project, is currently a two-lane undivided roadway The Master
Transportation Plan identifies Bonney Road as a 70-foot undivided right-of-way The Pembroke Area
Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the
Central Business District surrounding Town Center This study will develop short-term, mid-term, and
long-term alternatives for transportation needs in the area As part of the long-term improvements,
there are currently several conceptual alignments that utilize a portion of Bonney Road for a new
roadway that bypasses around the Independence Boulevard/Interstate 264 interchange, heading toward
Virginia Beach Boulevard Although this proposed site will not be directly impacted by the roadway
alignment, this portion of Bonney Road may see a dramatic increase in traffic with vehicles destined for
Witchduck Road However, note that no alternatives have been approved to this date
I MA"It; Street Name Present
DT
Present capacity
Service "C")
Generates Trattic
�niaui iy i-al iu uaa —
2,365 ADT
Proposed Land Use 3-
322 ADT
' as defined by current zoning
3as defined by 55 residential multifamily units
WATER This site must connect to City water There is a six-inch water line in Bonney Road
SEWER: This site must connect to City sanitary sewer There is an eight -inch sanitary sewer gravity main and
a ten inch force main along Bonney Road An analysis of pump station #424 and the sanitary sewer collection
system will be required during final site plan review to ensure that future flows can be accommodated
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 2
SCHOOLS.
School
Current
Enrollment
, Capacity
I
Generation'
Change z
Point O' View Elem
558
688
8
8
Larkspur Middle
1 8ZF
1866
4
4
Kem sville High
1938
1933
_
6
6
generation- represents the number of students that the development will add to the school
change- represents the difference between generated students under the existing zoning and under the proposed zoning The
number can be positive (additional students) or negative (fewer students)
The Comprehensive Plan recognizes this area as being COMPREHENSIVE PLAN
within the Primary Residential Area The
Comprehensive Plan map and land use policies reflect the Importance of neighborhood character and its
relationship to compatible land use and traffic management The Plan recommends that new
development protect the integrity of existing neighborhoods, complement adjacent land uses, incorporate
crime prevention principles and enhance the overall function and visual quality of the street, neighboring
properties and community
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the submitted proffers The proffers are provided below
The property was granted a rezoning from R-7 5 to Conditional B-2 Community Business District in 2002
to construct a 36,000 square foot, one story office building with limited retail space (up to 10,000 square
feet of the total) The applicant has decided to pursue a rezoning for multifamily rather than develop the
property with the office building as, according to the applicant, the demand for office space in this area is
not strong The proposal is in conformance with the Comprehensive Plan's recommendations for this
area The proposal is compatible with the adjacent residential neighborhood as well as with the office
building to the west The exterior building materials proposed are a combination brick and cement fiber
board (Hardiplank) The design of the units is reflective of the quality of similar, recently approved
multifamily developments within the vicinity
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA) The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)) Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 3
PROFFER 1:
When the Property is developed, the entrance, streets, building orientation, landscaping and fencing shall be
substantially in accordance with the "REZONING EXHIBIT of CAMERON GLEN for Central Park Associates,
L L C ," dated 8/29/05, prepared by Kellam-Gerwitz Engineering, and the "CAMERON GLEN LANDSCAPE
PLAN," prepared by Winn Nursery of Virginia, Inc , which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan" and
"Landscape Plan")
PROFFER 2
Vehicular Ingress and Egress shall be via one (1) entrance from Bonney Road as depicted on the Concept
Plan The entrance feature signage, shall be substantially in accordance with the photograph of the
CAMERON GLEN CONDOMINIUM" sign which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning ("Sign Photograph')
PROFFER 3
When the Property is developed, there will be no more than fifty-five (55) residential condominium units, with
a garage, within ten (10) buildings as depicted on the Concept Plan
PROFFER 4:
When the Property is developed, the residential structure depicted on the Concept Plan shall have the
architectural design and utilize the building materials substantially as depicted and designated on the
exhibits entitled "CAMERON GLEEN — FRONT ELEVATOIN" and "CAMERON GLEN — REAR ELVATION,"
prepared by Land Planning Solutions which have been exhibited to the Virginia Beach City Council and are
on file with the Virginia Beach Planning Department ("Elevations")
PROFFER 5:
No on -street parking shall be permitted upon any of the roadways on the Property as depicted on the
Concept Plan
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 August 29. 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.
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 4
Or-
li
_44 A'Vow
.
Colt
YNT
r
v YLUy •= ;
ij
'• f'T •.(. A" G
NN
1p
peob 3jonpLj3j! '
4
\^ Q,_-�—�•^�_`g_ �� vie ` .
PROPOSED SITE AND
LANDSCAPE PLAN
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 6
PROPOSED FRONT BUILDING
ELEVATION
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 7
Of-
Z «s3 • ., . -- ,
PROPOSED SIGN & GAZEBO FEATURE
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 9
010
1
08/10/04
CHANGE OF ZONING (A-12 & R-5D to
Granted
Conditional A-18
2
09/23/03
CHANGE OF ZONING A-12 to R-5D
1 Granted
3
03/12/02
CHANGE OF ZONING (R-7 5 to Conditional B-2)
Granted
CHANGE OF ZONING (R-6 to 0-1)
01/11/88
CHANGE OF ZONING (R-6 to 0-1)
Withdrawn
03/23/87
Withdrawn
4
06/25/96
CONDITIONAL USE PERMIT (motor vehicle
Granted
rental
5
03/03/86
CHANGE OF ZONING R-6 to B-2
: Granted
6
09/10/84
CHANGE OF ZONING R-8 to A-1
Granted
7
11/18/84
CHANGE OF ZONING R-8 to A-1
Granted
8
11/21/83
CHANGE OF ZONING R-8 to A-1
Granted
9
03/12/91
CHANGE OF ZONING (R-7 5 to Conditional B-2)
Granted
09/10/84
CHANGE OF ZONING (R-6 to A-1)
Denied
04/18/83
CHANGE OF ZONING R-6 to 0-1
Denied
ZONING HISTORY
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 10
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
1' ;he applicant is a ccrporabor partnership fin- besmess or other un roorporaled
orgaraalron compxte,he`olowing
11 List Ifs applicant name followed by'he names Of al- Cff"fs membe•s-fustees
part"m etc below !Attach Im dnepessary;
Central Pane Associates L L C Eomr S Wm'zer Manager
2 List a'(businesses that nave a parent-sub7Wiary or ahbated DVess entity
relationship wbr, the applicant IAftecn hsr rf necessary)
O Check here rt the applicant is NOT a corporabon panmmh p firm business o•
otne• urmcorperated organ"bon
PROPERTY OWNER DISCLOSURE
Comp*te Vua section only d propety owner rs dRerevH from apohcan'
If the property owner is a corporation par0nerhlp fain business W other
unmcerpwated organization complete the followng
t Lit the property Amer name followed by the names of all ofbee's member
I•ustees panne's etc below (A'faeh list dnecessary)
2 List all busnesses Mat have a parent-subsldary' of affiliated business entity
relat'.onshy with the applicant fAtrwh lest d necessary;
C Check hero if the property owner Is NOT a corWabon palnermp fir-n business
or odrer unincorporated Organization
s ' See nert page for r�Krotif
P:.1
r.'�11.
Ne.'xC 3' T:G
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 11
DISCLOSURE STATEMENT j
ADDITIONAL DISCLOSURES
L,st all known co-tractars cr buss-esses that have or yr II p•OVide seN'CPS mdl respeCt
to the requested property use mouda+g b:.t not Irmted to the providers of a•cheectural
sernces real estate services Enan;a'serrses accounting se Aces and legal
serv+ces (Attach Its•' necessay!
Sykes Bowdon Ahem & _ery PC
Kellam-Coermtt Engineerng Irc
Land Panning So.uxns
Cervex Homes
'Parent sucs•dary reananshij means *a relatmnsh t that exists when one
corporation dnerl'y or indirectly Owns shares possessing mot•• than 50 percem of the
voting power of another mrporatim ' See State and Loral Cc mert Conflict of
Interests Act Va Code s 2 2-3' 01
"Affiliated busness entity relationship" means'a relabons'up other than
parent-subsidary relationship that exists when (t) one bustrtess entity has a
cont•ollrng ownershm interest in the other business entity (it) a contmlfrtg owner in
one entity is also a controlling owner in the other entity or fit)) there [5 shared
management or control between the business ermbes Factors that should be
considered in determimrtg the existence of ar aFibated business entrtv relatlonshm
include that the same Gerson a substantially the same person own or menage the two
entrtres there are common or commingled funds or assets the business entities share
the use a' the same offices or employees or otfterw52 share actrvltres resources or
persor•tel on a reg-.La• bass or :here is otherwise a close working retabortsh.p
between the enot'es • Sea Sate and Loral Government Conti ct of Interests Act Va
Code y 2 2-310'
CERTIFICATION I certify that the information cont fined herein is true and accurate
understand Mat upor receipt or notrrx;ation :postcard• that the apolicatton has been
scheduled for public nearing l am responsible for obtaining and posting the required
sign on the suglect propety at leost306eys pncr to the scheduled pubhc hearing
according to'he w5'nlgtidrt 'in this package
Central Pates'J=-L
By Edwin S Vlait=er Manager
4pc Pnr_ Vane
Pwarw vv-rs S'; x Mi`:Heron• e'.a- arxtw^•
ravew �: y..o +Woe.
Werra 3'1�'r
CENTRAL PARK ASSOCIATES, L.L.C.
Agenda Item # 3
Page 12
item #3
Central Park Associates, L L C
Change of Zoning District Classification
5129 Bonney Road
District 2
Kempsville
December 14. 2005
CONSENT
Dorothy Wood Mr Din, would you please call our consent agenda"
William Din Thank you Ms Wood Today, we have nine items for inclusion on the
consent agenda As I call each of the items the representative should come up to the
podium please and state your name, your relationship to the item, and if there are
conditions associated with that item, please indicate that you have read those and you do
agree with them As stated in our agenda, the consent means that we are fairly in
agreement with what the items are saving for approval and we will not be hearing these
issues Once you come up and acknowledge to the conditions we will ask for opposition
and see if there is any opposition to placing this item on consent If not, we will proceed
onto explain why we have placed it on consent If there is opposition, we wilt drop it
down to our regular agenda item The first item that I have is Item #3 This is Central
Park Associates, L L C This is an ordinance for a Change in "Zoning District
Classification from Conditional B-2 Community Business District to Conditional A-24
Apartment District on property located at 5129 Bonney Road in the Kempsville District
Eddie Bourdon Thank you Mr Din For the record, my name is Eddie Bourdon, a
Virginia Beach attorney representing Central Parl, Associates and we appreciate you
placing this Cameron Glen Community rezoning on the consent agenda Mr Waitzer is
here and he is also very appreciative Thank you
William Din Thank you Mr Bourdon Is there any objection to placing this item on
consent agendas If not, Mr Don Horsley will explain this issue
Donald Horsley Okay What has happened here is in 2002. the applicant had the
property zoned from R-7 5 to B-2 Community Business District He was going to
construct a 36,000 square foot office building Now the application is to pursue the
rezoned property to multi -family rather than develop the office property The
Comprehensive Plan recognizes the area as being w ithm the primary residential area We
don't have any known objections to this project Staff has recommended favorably to this
project I think it has been adequately proffered to protect all parties So, being that we
had those proffers and no objections and favorable staff iecommendation, we thought it
married consent agenda status so we put it on there
Item #3
Central Park Associates, L L C
Page 2
WilliamDin Thank you Don I'd like to make a motion to approve the following
consent asenda item Item #3 is Central Park Associates, L L C This is a request to
Change Zoning District Classification from Conditional B-2 Community Business
District to Conditional A-24 Apartment District on property located at 5129 Bonney Road
to the Kempsville District This is a proffered application
Dorothy Wood Thank you sir
Donald Horsley Now I can second it
William Din Yes sir
Donald Horsley I'll second it
Dorothy Wood A motion by Mr Din and a second by Mr Horsley
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
I ATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABSO ABSENT]
ABSENT
Ed Weeden By a vote of 10-0, the Board has approved Item #3 for consent
In Reptj Refer To Our Fde No DF-6308
TO Leslie L Lilley
FROM B. Kay Wdson*
CITY OF VIRGINIA BEACH
R`TER-OFFICE CORRESPONDENCE
DATE January 19, 2006
DEPT. City Attorney
DEPT City Attorney
RE Conditional Zoning Application; Central Park Associates, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 31, 2006 1 have reviewed the subject proffer agreement, dated
August 29, 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
CENTRAL PARK ASSOCIATES, L L C , a Virginia limited hability company j
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 29Lh day of August, 2005 by and between
CENTRAL PARK ASSOCIATES, L L C., a Virginia limited liability company,
Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee
WITNESSETH
WHEREAS, the Grantor, as the Owner of two (2) contiguous parcels of land
located in the Kempsville District of the City of Virginia Beach, containing 4 560
acres as more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference (the "Property'), 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 change the Zoning Classification of the
Property from Conditional B-2 Commercial District to Conditional A-24
Apartment District, 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 1467-80-6177
1467-80-3093
PREPARED B"
® SUES BOURDON
® AVER\ 8I.BW PC
1
Y
PREPARED BY
®SNUS $OLTDON
® AUERN & LB'Y PC
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the j
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 j
the Grantor's rezoning application gives rise: and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
%nd prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the
A-24 Zoning District 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, the Grantor, for itself, its successors, personal
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 i
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and j
I
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 the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title
1 When the Property is developed, the entrance, streets, building
orientation, landscaping and fencing shall be substantially in accordance with j
the "REZONING EXHIBIT of CAMERON GLEN for Central Park Associates.
L L C ", dated 8/29/05, prepared by Kellam-Gerwitz Engineering, and the
"CAMERON GLEN LANDSCAPE PLAN", prepared by Winn Nursery of Virginia,
Inc , which have been exhibited to the Virginia Beach City- Council and are on file
K
PREPARED By
. SYKES BOLIRDON
�Y! AtIERN & LEI't' PF
with the Virginia Beach Department of Planning ("Concept Plan" and "Landscape
Plan")
2 Vehicular Ingress and Egress shall be via one (1) entrance from
Bonney Road as depicted on the Concept Plan The entrance feature signage,
shall be substantially in accordance with the photograph of the "CAMERON
GLEN CONDOMINIUM" sign which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning ("Sign
Photograph") i
3 When the Property is developed, there will be no more than fifty-five
(55) residential condominium units, with a garage, within ten (10) buildings as
depicted on the Concept Plans.
4 When the Property is developed, the residential structures depicted
on the Concept Plan shall have the architectural design and utilize the building
materials substantially as depicted and designated on the exhibits entitled
"CAMERON GLEN - FRONT ELEVATION" and "CAMERON GLEN - REAR
ELEVATION", prepared by Land Planning Solutions which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Planning
Department ("Elevations")
5 No on -street parking shall be permitted upon any of the roadways on
the Property as depicted on the Concept Plans
6. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements
The above conditions, having been proffered by the Grantor and allowed
i 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
I
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 I
11 or substantiallv 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,
I ;
3
I
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
i
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
i The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any 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
j 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 i
as may be appropriate,
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for
the review thereof prior to instituting proceedings in court, and
(4) The Zoning Map may show by an appropriate symbol on the map the j
existence of conditions attaching to the zoning of the Propertv, 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
of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor
PREPARED BY and the Grantee
®SUES BOURDON
um & LLb'Y PC
4
PREPARED B�
MSYKIS BOURDON
MA14 N&LBYPC
WITNESS the following signature and seal:
GRANTOR
Central Park Associates, L L C , a Virrua limited
liability company
By 11
(SEAL)
Ed"'. S ai anaeer
STATE OF VIRGINIA4
CITY OF VIRGINIA BEACH, to -cunt
The foregoing instrument was acknowledged before me this 315L day of
August, 2005, by Edwin S Waitzer, Manager of Central Park Associates, L L C , a
Virginia limited liability company, Grantor
My Commission Expires August 31, 2006
Notary Public
5
PREPARED BY
®SYKES BOURDON
® ANERN & LIVY PC
EXHIBIT " A"
PARCEL 1
ALL THAT certain tract, piece or parcel of land, with the improvements thereon,
situate, lying and being near Kempsville, Kempsville Borough, City of Virginia
Beach (formerly Princess Anne County), Virginia. containing three (3) acres, more
or less, and described as follows
On the West by the Main Road from Kempsville to Euclid On the South by other
lands now or formerly belonging to Minnie Lee Humphries, on the East by the
right-of-way of the Norfolk -Southern Railroad Company's right-of-way, and on the
North b• the right-of-way adjoining Abraham Hawkins A plat of said property is
record(d in Map Book 17, Page 58
GPIN 1467-80-6177
PARCEL 2-
ALL THAT certain lot, piece or parcel of land, situate, lying and being in
Kempsville Borough, in the Village of Kempsville, City of Virginia Beach (formerly
Princess Anne County), Virginia, and described as follows
BEGINNING at an iron stob in the edge of the right of way of the public road,
which is the intersection of the edge of said right of way, the property hereby
conveyed and other property of E I. Herrick, and is the Southwest comer of the
property hereby conveyed, and running thence North along the edge of the right
of way of said public road 100 feet (in the direction of Euclid) to an iron stob,
thence turning and running East in a straight line 435 feet to point in the edge of
the property of Norfolk Southern Railroad Company, thence turning and running
South along the edge of the right of way of the Norfolk Southern Railroad
Company to an iron post, thence turning and running West 461 feet to the iron
stob in the edge of the right of way of the public road, the point of beginning, said
tract of land containing one (1) acre, but the said tract is conveyed in gross and
not by the acre
GPIN 1467-80-3093
CONDITIONALREZONE/ CENTR.4LPARK� CAMERONGLEN/PROFFER
R
Map,
Y Fifteenth Sty
by .cc
1
Gf�
B-I
Condtional Zoning Change from I 1 to Cond 8-2
CUP for Moor Vehicle Sales d Service
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Fifteenth Street Gamesday, L.L.C. — Change of Zoning District
Classification from 1-1 Light Industrial District to Conditional B-2 Community
Business District and a Conditional Use Permit for motor vehicle sales, repair and
detailing
MEETING DATE: January 31, 2006
■ Background:
a An Ordinance upon Application of Fifteenth Street Gamesday, L L C for a
Change of Zoning District Classification from 1-1 Light Industrial District to
Conditional B-2 Community Business District on property located at 764
South Military Highway (GPINs 14562664940000, 14562663650000) The
Comprehensive Plan designates this site as being within the Primary
Residential Area The purpose of this rezoning is to develop a motor
vehicle sales and repair facility DISTRICT 2 — KEMPSVILLE
b An Ordinance upon Application of Fifteenth Street Gamesday, L L C for a
Conditional Use Permit for motor vehicles sales, repair and detailing on
property located at 764 South Military Highway (GPINs 14562664940000,
14562663650000) DISTRICT 2 - KEMPSVILLE
■ Considerations:
The applicant proposes to rezone the existing 1-1 Light Industrial parcels to B-2
Community Business District and operate a motor vehicle sales and service
facility
The Planning Commission placed the items on the consent agenda because they
felt that the requests are compatible with surrounding uses The proposed
business is in conformance with the Comprehensive Plan's recommendations for
this area and compatible with the surrounding business area The proposal
provides an opportunity to upgrade the existing building's fagade, improve safety
of vehicular ingress and egress, add landscaping to the site and enhance the
overall appearance of the somewhat deteriorating site Specifically, upgrades to
the existing building include painting portions of the exterior. installing storefront
windows and enlarging several existing windows, replacing damaged trim pieces
and gutters, removing trim boards on the roof and replacing with painted metal
ridge caps, installing garage doors in the rear, removing exhaust fans visible from
exterior, and removing existing entrance and reorienting and updating it
Fifteenth Street Gamesday, L L C
Page 2 of 2
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this requests as proffered and with the following conditions
A Photometric Plan shall be submitted for review and approval with the final
site plan submission to the Development Services Center Lighting plan is to
include height of poles located within the parking lot along with the location of
all pole mounted and building mounted lighting fixtures The plan shall also
include the lamp types, wattage and type of fixture
2 A Certificate of Occupancy shall be obtained from the Budding Official's office
prior to occupancy of the structures
3 No tires for sale, merchandise, or parts shall be displayed or stored outside
4 All auto repair must take place inside the budding
5 No outside storage of vehicles in a state of obvious disrepair shall be
permitted If vehicles in this condition require storage, then such vehicles
shall be stored within the building
6 The existing non -conforming free-standing sign shall be removed from the
site and any new sign erected shall meet current zoning ordinance
requirements
■ 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: it t` ' _nYY4
Nat 41
FIFTEENTH STREET
GAMESDAY, L.L.C.
Agenda Item #4, 5
December 14, 2005 Public Hearing ° 'C
Staff Planner Carolyn A K Smith
REQUESTS:
coo ..o •a rrv�
4) Change of Zoning District Ciassification from
1-1 Light Industrial Distn9f cc Conditional B-2 Community Business District
5) Conditional Use Permi, for motor vehicle sales and repair
ADDRESS / DESCRIPTION Property located at 744 South Military Highway
GPIN: COUNCIL ELECTION DISTRICT. SITE SIZE
1456256494 1 — CENTERVILLE 60,000 square feet
1456256365
SUMMARY OF REQUEST
The applicant proposes to rezone the existing 1-1 Light Industrial parcels to B-2 Community Business
District and operate a motor vehicle sales and service facility
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is an existing restaurant with parking lot on the property that is proposed as the
sales office
SURROUNDING LAND North
. Truck sales / 1-1 Light Industrial District
USE AND ZONING: South
. Mini warehouse / 1-1 Light Industrial District
East
0 Vacant / 1-1 Light Industrial District
West
0 South Military Highway, multifamily dwellings / Conditional A-1 B
Apartment District
NATURAL RESOURCE AND There are no environmental or cultural resources on the site as it is
CULTURAL FEATURES: almost entirely impervious
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 1
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) South
Military Highway in the vicinity of this application is an eight (8) lane divided urban arterial road as
designated on the MTP Improvements are not anticipated in the next five years
Street
Volume
Present
South Military 50,000 ADT ' 34.940 ADT '(Level of
Highway Service `C') - 56,240 ADT
1 (Level of Service "D")
rratnc
CAIJIri Hy LGIIU VJC -
150 ADT
Proposed Land Use 3-
349 ADT
as defined by existing Industrial zoning
as defined by proposed auto sales and service
WATER: There is an existing 8 inch transmission main along South Military Highway This site has an existing
1 1:2 inch water meter that is tapped off the 20 inch transmission line This meter may be upgraded
SEWER. This site must connect to City sanitary sewer There is an 8 inch sanitary sewer gravity main and an
8 inch sanitary sewer force main along Military Highway Analysis of Pump Station #411 and the sanitary
sewer collection system is required to ensure future flows can be accommodated
COMPREHENSIVE PLAN
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 on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area
Page 91 of the Primary Residential Area chapter of the Comprehensive Plan states "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 that "The general pattern of land uses along this one and one half mile
corridor [Military Highway] has remained essentially unchanged for years The west side of Military
Highway north of Indian River Road consists of and is zoned for low and medium density residential land
use as exemplified by the stable neighborhood of Elizabeth Run Shores The east side of Military
Highway consists of and is zoned for light industrial uses The east side of Military Highway comprises a
variety of industrial activities, including truck and automobile oriented land uses, outdoor storage and
warehousing Behind this industrial strip of land are Riverton and Lakeville Estates, both low -density,
single-family residential neighborhoods "
FIFTEENTH STREET GANIESDAY, L.L.C.
Agenda Item # 4 & 5
Page 2
The Plan continues with "The long term goal for this corridor is to replace the industrial activities with
other uses that are more compatible with the surrounding residential neighborhoods These may include
a variety of higher density residential, office, hotel and institutional uses (i a education, religion,
recreation, health, etc ) " The Plan recommends that redevelopment in this corridor focus on improving
the aesthetic and that attention to high quality building design, signage and landscaping is essential (page
130)
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the proffers submitted by the applicant and with the
conditions recommended by staff The proffers and conditions are provided below
The proposal is in conformance with the Comprehensive Plan's rfcommendations for this area The
proposal is compatible with the surrounding business area and irovides an opportunity to upgrade the
existing building's fagade, improve safety of vehicular ingress end egress, add landscaping to the site and
enhance the overall appearance of the somewhat deteriorating site Specifically, upgrades to the existing
building include painting portions of the exterior, installing storefront windows and enlarging several
existing windows, replacing damaged trim pieces and gutters, removing trim boards on the roof and
replacing with painted metal ridge caps, installing garage coors in the rear, removing exhaust fans visible
from exterior, and removing existing entrance and reorienting and updating it
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA) The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)) Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning
PROFFERI:
When the Property is redeveloped, the vehicular access, parking, landscaping, building locations and
setbacks shall be substantially as depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR
FIFTEENTH STREET GAMESDAY, L L C , Virginia Beach, Virginian," dated 08/29/05. prepared by Lewis
White and Associates, which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Concept Plan")
PROFFER 2:
When the Property is redeveloped, the exterior of the building designated "Ex-1-Story Proposed
Office/Showroom" on the Concept Plan shall be renovated substantially as depicted on the Plans entitled
"BUILDING ELEVATIONS DEMOLITION" (A 2 1) and "BUILDING ELEVATION NEW WORK" (A 2 2)
"MAGUIRE & SONS USED AUTO CENTER FOR FIFTEENTH STREET GAMESDAY" dated August 31.
2005, prepared by Sampson and Associates Architects, P C which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning ("Building Elevations —
Existing")
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 3
PROFFER 3
When the Property is redeveloped, the exterior of the building designated Proposed Repair Facility' on the
Concept Plan shall have the architectural appearance, exterior surface materials and floor plans depicted on
the plan entitled `SERVICE BUILDING MAGUIRE & SONS USED AUTO CENTER for Fifteenth Street
Gamesday,' dated August 31,2005. prepared by Sampson and Associates Architects, P C which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
("Building Elevations — New")
PROFFER 4•
When the Property is redeveloped, a freestanding monument style sign meeting all requirements of the
Zoning Ordinance shall be erected
PROFFER 5•
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes ba 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 Attorneys Office has reviewed the proffer agreement dated August 30, 2005, and found it to be
legally sufficient and in acceptable legal form
CONDITIONS
1 A Photometric Plan shall be submitted for review and approval with the final site plan submission to
the Development Services Center Lighting plan is to include height of poles located within the
parking lot along with the location of all pole mounted and building mounted lighting fixtures The plan
shall also include the lamp types, wattage and type of fixture
2 A Certificate of Occupancy shall be obtained from the Building Official's office prior to occupancy of
the structures
3 No tires for sale, merchandise, or parts shall be displayed or stored outside
4 All auto repair must take place inside the building
5 No outside storage of vehicles in a state of obvious disrepair shall be permitted If vehicles in this
condition require storage, then such vehicles shall be stored within the building
6 The existing non -conforming free-standing sign shall be removed from the site and any new sign
erected shall meet current zoning ordinance requirements
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 4
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.
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 5
I
I
PROPOSED SITE PLAN
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 7
PROPOSED BUILDING
ELEVATIONS - FRONT BUILDING
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 8
PROPOSED EXTERIOR ALTERATIONS
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 9
fl
61,
i�
WY Fk
Y
PROPOSED REAR BUILDING
ELEVATIONS
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 10
"°p '--8 Fifteenth Street Gamesday, LLC
18 -2
B-1
1
7,
� 7
O R-10
O p� may;
Y.
a on
Conduonal Zoning Change iron- V I to Cond B-2
CUP for klotor Vehicle Sales 3 Service
1
12/03/02
CONDITIONAL USE PERMIT (bulk
Granted
storage)
12/12/00
CONDITIONAL USE PERMIT (bulk
Granted
storage)
07/12/94
CONDITIONAL USE PERMIT (bulk
Granted
storage)
12/06/94
CONDITIONAL USE PERMIT
Granted
(temporary recycle operation)
2 04/13/99
CHANGE OF ZONING 1-1 to B-2
Granted
3 06/13/95
CONDITIONAL USE PERMIT (bulk
Granted
ZONING HISTORY
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 11
112
03/14/95 CONDITIONAL USE PERMIT (mobile
home sales)
01/22/90 CHANGE OF ZONING (1-1 to B-2)
01/22/90 CONDITIONAL USE PERMIT (auto
ranted
Granted
Granted
F6-T'--
05/25/93 SUBDIVISION VARIANCE Granted
04/ 77/93 CONDITIONAL USE PERMIT (truck Granted
rentals)
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 12
F^ N
DISCLOSURE STATEMENT
i
APPLICANT DISCLOSURE
If the applicant is a corporation partnership firm business. or other unincorporated
organization, complete the following
1 List the applicant name followed by the names of all o'ficers members trustees
partners etc below (Attach list;' necessary)
F-fteemh Street Gamesday. L L C S Neil Morrison & Kempsvllle Three L L C
Memoers (the Members of Kempsville Three L L C are Matthew Sachs Benjamin
Sachs and Scott Sachsi Or Warren Sachs Is Manager cf both entities
2 List albusinesses that have a pa•ent-suosidlart% or affiliated business entity'
relationship with the applicant (Attach list if necessary)
❑ Check here If the applicant Is NOT a corporation partnership firm, business or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant
If the property owner is a corporation partnership firm business or other
unincorporated organization complete the fol'owing
1 List the property owner name followed by'he names cf all offices members
trustees partners etc below (Attach list rf necessary)
AJUS LL C Gary R Coward Manager
2 List all businesses that have a parent- subsidiary' or affiliated business entity,
relationship with the applicant (Attach list if necessary)
Check here tithe property owner is NOT a corporation partnership firm business
or other unincorporated organization
& ` See -ext page'a- 'oanotes
C,al, ' i Re, ng Ap iC,an
Rage, Y-2
Re.,md 11 2a
FIFTEENTH STREET GAMESDAY, LL.C.
Agenda Item # 4 & 5
Page 13
{i 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 serv,ces and legal
services (Attach list if necessary)
Lewis While & Associates
Sykes, Bourdon, Ahern & Levy P C
Harvey D Coleman Esquire
' 'Parent -subsidiary relabonship" means 'a relpuonshrp that exists wren one
corporation directly or Indirectly ov ^s shares posses.ing more than 50 percent of the
voting power of another corporation ' See State an•J Local Government Conflict of
Interests Act, Va Code § 22 310-
2'Aifiliated business entity relationship' means 'a relationship, other than
parent -subsidiary relationship, that exists whet ti) one business entity has a
controlling ownership interest in the other business entity, (it) a controlling owner in
one entity is also a controlling owner in the other entry, or (ui) 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 the: the sarre person or substantially the same person own or manage tie wo
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 an a regular basis or there is otherwise a close working relationship
between the erttes' See State and Local Government Conflict of Interests Act, Va
Code § 2 2-3101
CERTIFICATON I certiy that the information contained herein is true and accurate
1 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 procerty at leas: 30 days onor to the scheduled public hearing
accord)ng tole instructions in this package
Frfteedih Gamesday L L C
By, h` i Warren Sachs, Manger
ApplwB Ir igratum Pnn•Name
AJUS L� C ,
Gary R Cowand, Manager
wedlran•i Pnnl Name
FIFTEENTH STREET GAMESDAY, L.L.C.
Agenda Item # 4 & 5
Page 14
Item #4 & 5
Fifteenth Street Gamesday, L L C
Change of Zoning District Classification
Conditional Use Permit
764 South Military Htehwa_v
District 2 y
Kempsville
December 14, 2005
CONSENT
William Din My next item is Item #4 & 5 This is Fifteenth Street Gamesday, L L C
Item #4 is a Change of Zoning District Classification from i- I Light Industrial District to
Conditional B 2 Community Business District on property located at 764 South Military
Highway and Item #5 is a Conditional Use Permit for motor vehicle sales, repair and
detailing on the same property This is located in District 2. Kempsville and there are six
conditions associated with these items
Eddie Bourdon Thank you Eddie Bourdon, a Virginia Beach attorney representing the
applicant Dr Sachs is here this afternoon as well This is a proffered rezoning so we
obviously agree with our proffers and we also are in agreement with the conditions
attached to the Use Permit and look forward to cleaning this site up and making it more
attractive
William Din Thank you Mr Bourdon is there any objection to placing this item on
consent' If not, Don Horsley wilt explain this item also
Donald Horsley 1 think Mr Bourdon's comment about cleaning up had an awful lot to
do with this property being put on consent status It is proposed to be rezoned and with a
Conditional Use Permit for an automobile sales facility We are always looking for
opportunities to clean up properties that may be deemed unsightly and don't really do us a
whole lot of good It looks like this project, will help clean up this property an awful lot
It is in conformance with the Cny's Comprehensive Plan The proposal is compatible
with the surrounding businesses We've had one slight opposition addressed but I think
that has been addressed with the proffers and conditions that they have within the project
So, by the fact that this property will be a whole more attractive looking and it just feels
like it fits the business community than what's there We thought it best fit the consent
agenda so we did that today Thank you
William Din Thank you again Don 1'd like to make a motion to approve the following
consent agenda items Items #4 & 5 are Fifteenth Street Gamesday, L L C A change in
Zonme District Classification from I-1 Light Industrial District to Conditional B-2
Community Business District on property located at 764 South Military Highway and a
Conditional Use Permit for motor vehicle sales, repair and detailing on the same property
located in the Kempsville District with six conditions
Item #4 & 5
Fifteenth Street Gamesday. L L C
Page ,
Donald Horsley Ill second it
Dorothy Wood A motion by Mr Din and a second by Mr Horsley
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
N,HLLER
AYE
RIPLEY
AYE
STRANGE
AYE
W ALLER
AYE
WOOD
AYE
Ed Weeden By a vote of 10-0, the Board has approved Item #4 & 5 for consent
Carolyn Smith
-rom
Kelly Jo S Karnes [KKarnes@odu edul
Sent:
Thursday, December 08, 2005 3 47 PM
To
Carolyn Smith
Cc
Jennifer Kingsley
Subject
Fifteenth Street Gamesday, LLC Planning Commission Hearing
6Is SIP. L'
I wanted -c direc' my cc=ents about e possibil__, o- t` _ — ___ th S_-eet Gamesday, LL„
change of zcning for the prope--y _.gated at: -64 Sou-; `,111-ta-y
I am z '-one owner one of the condorlin—ims '-=h-n -.he Dr--- -id Co-ccs
I an ercremely _cnce-red as the type of b.:s_-ess w-ii be genera_ed __ a resut' lt of ^.-s
zo-rng chance
. _ a hone-cwner, _ [rust _c., ok cc= `or = _ _cte=ion of prcper_y and m•r
property value
1 am unable to be a _he ?=annl-c cormnissicn public hear-ng cr Wed^esda --eLe bef 14, but
would like to ha•'e my voiceheard via e-mail _^at 1 art' not -- supportcf L�n_s zoning
change I fee_ as thoucht woaid be detriner._al to our neig'nbcrnocd and that would
e-%entua_:v lacer ::he value of = nc:nes evant:a'_y e_':ec-1^9 the resale
I would appreciate any feedback or updates VOL ca- p-c,,-de after the hearing -as
commenced
.hank you for your time,
Kelly Jo Karnes
716 Whistling Swan Dr.
�irgrn-a Beach, %A 23464
Kelly Jo --Car-es
Associate Director
Office of Stuae-t Act-vit-es and Meade-shio Old Dcm-r•-or cn_versaty
2122 Webb Center
Norfol F, p,+,_ 23529-0519
757 693 3446 (pi _57; 683 6088 _11
kkar ;es@odu ecu
htto 1 oras odu edulgree2s
Pie are :hat we repeatedly do c/cce_lance, t`:en, is ^o- ar act, bu= a hac-L "-A-istot_e
In Reply Refer To Our File No DF-6310
TO Leslie L Lllley
FROM B Kay Wilson�7�'JQp��((��
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONTI)ENCE
DATE Janl.ary 19, 2006
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application; Fifteenth Street Gamesday, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on January 31, 2006 1 have reviewed the subject proffer agreement, dated
August 30, 2005, and have determined it to be legally sufficient dnd 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
FIFTEENTH STREET GAMESDAY, L L C , a Virginia limited liability company
AJUS, L L C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of August, 2005, by and between
FIFTEENTH STREET GAMESDAY, L L C , a Virginia limited liability company,
i
Grantor, party of the first part, AJUS, L L C , a Virginia limited liability company,
Grantor, party of the second part, and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the
third part
WITNESSETH
WHEREAS, the party of the second part is the owner of two (2) contiguous
parcels of property located in the Centerville District of the City of Virginia Beach,
containing approximately 60,000 square feet and described in Extubit "A" attached i
hereto and incorporated herein by tlus reference (the "Property), and
WHEREAS, the party of the first part, being the contract purchaser of the
Property 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 change the
Zoning Classification of the Property from I-1 Industnal District to Conditional B-2
Commercial Distnct, and
WHEREAS, the Grantee's policy is to provide only for the orderly
'i development of land for various purposes through zoning and other land
i
development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit diffenng types of uses on and in the area of the Property and at the
same time to recognize the effects of change that will be created by the Grantors'
PREPARED BY
®SYKES BOURDON GPIN 1456-26-6365
G®L AHERN & LEVY PC 1456-26-6494
1
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proposed rezoning, certain reasonable conditions governing the use of the Property
for the protection of the community, that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantors' rezoning
application gives rise, and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
j 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, the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restnctions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1 When the Property is redeveloped, the vehicular access,
parking, landscaping, building locations and setbacks shall be substantially as
depicted on the exhibit entitled, "CONCEPTUAL SITE LAYOUT FOR FIFTEENTH
STREET GAMESDAY, L L C , Virginia Beach, Virginia,' dated 08/29/05. prepared
by Lewis White and Associates, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning
(hereinafter "Concept Plan")
PREPARED By 2 When the Property is redeveloped, the exterior of the building
®SPIES 80URD0& I designated "Ex-1-Story Proposed Office/Showroom" on the Concept Plan shall be
A11ERV & LEVY PC i
renovated substantially as depicted on the Plans entitled `BUILDING ELEVATIONS
2
I
PREPARED BY
SYKES POLIDON
AJ11R\ & LEVY PC
DEMOLITION" (A 2 1) and "BUILDING ELEVATION NEW WORK" (A 2 2) "MAGUIRE
& SONS USED AUTO CENTER FOR FIFTEENTH STREET GAMESDAY" dated
August 31, 2005, prepared by Sampson and Associates Architects, PC which
have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning (`Building Elevations - Existing")
3 When the Property is redeveloped, the exterior of the building
designated "Proposed Repair Facility" on the Concept Plan shall have the
architectural appearance, exterior surface materials and floor plans depicted on
the plan entitled "SERVICE BUILDING MAGUIRE & SONS USED AUTO CENTER
for Fifteenth Street Gamesday", dated August 31, 2005, prepared by Sampson and
Associates Architects, PC , which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning ("Building
Elevations - New")
4 When the Property is redeveloped, a freestanding monument style II
sign meeting all requirements of the Zoning Ordinance shall be erected
5 Further conditions may be required by the Grantee during detailed 1
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 the B-2 Zoning District and to the
requirements and regulations applicable thereto refer to the Comprehensive
Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,
Virginia, in force as of the date of approval of this Agreement by City Council.
Which are by this reference incorporated herein
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zomng 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 I
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or vaned by written instrument recorded in
3
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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
I
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
I
recorded, said instrument shall be void
The Grantors covenant and agree 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
i
I 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 1
pursuant to these provisions, the Grantors shall petition the governing body for
the review thereof prior to instituting proceedings in court, and
I
(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
I inspection in the office of the Zoning Administrator and in the Planning
I Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
PREPARED By I the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and
I
MUSYKES 80L`RDON the Grantee.
»PRN s LWY Pc
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4
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PREPARED BY
Msms. BOl.72DOV
l4 GN & LEVY PC
WITNESS the following signature and seal
Grantor
FIFTEENTH STREET GAMESDAY, L.L.C., a
Virgirii limited liability company
11
By. 4/ (SEAL)
arren c s, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit -
The foregoing instrument was acknowledged before me this 31st day of
August, 2005, by Warren Sachs, Manager of Fifteenth Street Gamesday, L.L C , a
Virginia limited liability company, Grantor
My Commission Expires. August 31, 2006
5
Notary Public
WITNESS the following signature and seal:
Grantor
AJUS, L L C , a Virginia limited liability
company
Gary Cowand, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-git
1�1 The foregoing instrument was acknowledged before me this Lj± — day of
104h�' 2005, by Gary R Cowand, Manager of AJUS, L L.C., a Virgaua limited
liability company, Grantor.
lic
My Commission Expires•1vg6/U'?
PPEPMED BY
DID SUES, POORDON
M AFIERN & LEVY PC
.0
EXHIBIT "A"
Parcel One:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virgima, and being known, numbered and designated as Parcel "F",
as shown on that certain plat entitled "Subdivision of Property of W.D., Jr and
Blanche HOBBS", which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 118, at Page 7
1456-26-6365
Parcel Two:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate, lying and being in the City of Virgima Beach, Virginia, and being
known, numbered and designated as Parcel "A", as shown on that certain plat
entitled "Subdivision of Property of E.V Williams Company Incorporated and
Confuscius Kitchen, South Military Highway, Kempsville Borough, Virginia Beach,
Virginia', dated November 7, 1978, made by Baldwin l& Gregg, Ltd , Engineers -
Planners -Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 134, Page 21 Said
parcel fronting 100' on the East side of Military Highway and running back between
parallel lines a distance of 400'
1456-26-6494
CONDITIONALREZONING/ I STHSTGAMFSDAY/PROFFER
PREPARED By
MSYL'1S BOURDON.
W ARMN & 1£YY. PC
CUP - Outdoor Recreational Facility (skateboard ramp)
i fs:
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Kevin Miller — Conditional Use Permit — recreational facility of an outdoor
nature (skateboard ramp)
MEETING DATE: January 31, 2006
■ Background:
An Ordinance upon Application of Kevin Miller for a Conditional Use Permit for a
recreational facility of an outdoor nature (skateboard ramp) on property located at
120 Ojibwa Lane (GPIN 14772303250000) DISTRICT 2 — KEMPSVILLE
■ Considerations:
The applicant requests a Conditional Use Permit to allow development of the site
for a skateboard ramp The submitted physical survey depicts the proposed ramp
14-feet from the adjoining property line to the south and 25-feet from the
adjoining property line to the east The ramp dimensions are 17-feet by 30-feet
The proposed ramp will be 5-feet in height The applicant states the ramp is for
his 5 and 8 year old children and his use The ramp will only be used during
daylight hours and will be chained at the bottom when not in use
Six adjoining properties will be affected by the use of the ramp Due to the limited
size of the lot and the proximity of neighboring dwellings, a backyard skateboard
ramp at this location causes a legitimate nuisance for neighboring property
owners When in use, skateboard ramps create noise beyond the level of typical
residential backyard activity On a larger, more isolated lot, these ramps can exist
without causing too much disturbance Unfortunately, in this case, there is little
that can be done to reduce the noise Similar applications for this use have been
requested and denied in the Thoroughgood and Kings Grant neighborhoods
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to deny
this request
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Kevin Miller
Page 2 of 2
Recommended Action: Staff recommends denial Planning Commission recommends denial
Submitting Department/Agency: Planning Department
City Manager- <:z`\�.J F ���
KEVIN MILLER
Agenda Item # 12
December 14, 2005 Public Hearing
Staff Planner Faith Christie
REQUEST:
Conditional Pse Permit for a recreational facility
of an outdo r nature (skateboard ramp)
ADDRESS / OESCRIPTION: Property located at 120 Ojibwa Lane
GPIN COUNCIL ELECTION DISTRICT: SITE SIZE
14772303250000 2 - KEMPSVILLE 11,834 44 square feet
The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST
development of the site for a skateboard ramp The submitted
physical survey depicts the proposed ramp 14-feet from the adjoining property line to the south and 25-
feet from the adjoining property line to the east The ramp dimensions are 17-feet by 30-feet The
proposed ramp will be 5-feet in height The applicant states the ramp is for his 5 and 8 year old children
and his use The ramp will only be used during daylight hours and will be chained at the bottom when not
in use
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site
SURROUNDING LAND North . Single-family dwellings / R-7 5 Residential
USE AND ZONING- South
Single-family dwelling / R-7 5 Residential
East 0 Single-family dwellings / R-7 5 Residential
West Ojibwa Lane
• Across Ojibwa Lane are single-family dwellings / R-7 5
Residential
NATURAL RESOURCE AND The site is wooded and contains mature landscaping There are no
CULTURAL FEATURES: 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
KEVIN MILLER
Agenda Item # 12
Page 1
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Ojibwa
Lane is a local residential street Traffic is not affected by the request
WATER and SEWER This site is connected to City water and sewer
SCHOOLS- School population is not affected by the use
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
the Primary Residential area The Comprehensive Plan recognizes the primacy of preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the
Primary Residential Area Established residential neighborhoods will be protected against invasive land
uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize
them
Staff recommends denial of this EVALUATION AND RECOMMENDATION
request for a recreational facility of
an outdoor nature (skateboard ramp) Staff fully recognizes the popularity of the skateboarding sport,
however that very popularity is what taints the sport in residential areas The problems arise when the
residential property ceases to be the prima use and the skateboard ramp becomes the recreational
facility for the neighborhood The noise associated with the use of the ramp and the gathering of the
users most often disturbs the tranquility and peace within the neighborhood, no matter how good
intentioned or diligent the ramp owner is in enforcing rules and regulations
Six adjoining properties will be affected by the use of the ramp Due to the limited size of the lot and the
proximity of neighboring dwellings, a backyard skateboard ramp at this location causes a legitimate
nuisance for neighboring property owners When in use, skateboard ramps create noise beyond the level
of typical residential backyard activity On a larger, more isolated lot, these ramps can exist without
causing too much disturbance Unfortunately, in this case, there is little that can be done to reduce the
noise Similar applications for this use have been requested and denied in the Thoroughgood and Kings
Grant neighborhoods Therefore staff recommends denial of the request
KEVIN MILLER
Agenda Item # 12
Page 2
Y
THIS IS TO CERTIFY THAT I ON JULY 21, 2004
SURVEYED THE PROPERTY SHOWN ON THIS
PLAT THE BUILDINGS STAND STRICTLY
NTTHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OF OTHER BUILDINGS,
EXCEPT AS SHOWN
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PHYSIGL9URVE1'OF
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ARGINIA BEACH VIRGINW
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KEVINM &JENNIFERM MILLER
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PROPOSED SITE PLAN
KEVIN MILLER
Agenda Item # 12
Page 4
Oil.
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Map E-7 a Kevin Miller
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4R. 7e
CUP - Outdoor Recreational Faolltv (skateboard ramp)
1 : Pending I Conditional Use Permit (Automotive Sales)
ZONING HISTORY
KEVIN MILLER
Agenda Item # 12
Page 6
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant •s a corporation partnership Frr^ business or other u^incoroc•ated
o•garizaticn, complete the following
' List 'he appllcan• name followed by the names cf all officers members trustees,
partners etc below (Attach Irst if necessary)
2 Lis; all businesses that have a parent-subsidiar% or a'filla'ed business enoty'
rela•lCrship vrth 'he app icant Attach list if necessary)
Check here it the app'icant is NOT a corporation. partnership, firm busnress or
other unmccrpora•eo organization
PROPERTY OWNER DISCLOSURE
Complete this sectrcn only 11property owneris different from applicant
If the property owner is a comoraton partnership, firm business or other
unincorporated organization complete the following
List the propery owner name followed by the names of all officers, members
trustees pa-tners, etc below (Attach Ilst rf necesser),
_ List all businesses that have a parent-subsldian' or affiliated business en[ ^,
'
reeticnsn•p wnh tF a appltcan• ;Attach Lst f necessary
Creek here if tre propery owner Is NOT corporator partnership firm business
or c•her unincorporated organization
& - See nex• page nor lxlmo,es
KEVIN MILLER
Agenda Item # 12
Page 7
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
. _is- ,rcv:r con' d_ ors 3, b_s I esses tha' ra.e c- a,ll ;, _v de se -,ices •vCn •=_spec,
to' •e requested prope-rd use nclt;dmg out not -mired to the providers of architectural
`_-.ices, real estate ser •ices. ti^arcial services accour,irg services and legal
erv,ces (Ara& I-st if necessar.j
i
' Parent -subs -diary relationship' Teans 'a relationsrip that exists when one
corporator directly or indirectly owns shares possessing more than 50 percept Or the
voting power c` ano'he' corporation See Sate and Lccal Government Conflict of
Interests Act va Code § 2 2-310-
''Affliated busmess entity relationship' means 'a relationship other than
bared -subsidiary nelatmr'shrp II•e' exists •vhen n` one cusmess a-:ity ras a
controlling ownership interest n the other business entity (u) a ccr-rolkng owner in
Ina ert9r, is also a cortro;iing oo^er in I"e other ernt'y or'w1 there Is shared
managemen- or ccrrol berweer're business e.,•it es Factors 'hat should be
conside-ec it awer'^Inng -he existe,ce of an afffated ousiness enrty relationship
incluoe trial the same pe. son cr subslan, all•, the same person own or manage the PNO
entities 'here are common or commingled funds or assets, the business entities share
the use cf the same offices or emp oyees or otherwise share activities •esources or
personnel or a regular basis or Ihe-e Is othervse a close working relatronst•Ip
between the entl es " See State and Local Go emTent Conflict of Interests Act. Va
—ode §223-0'
CERTIFICATION I cerlfy ;ha"he information contained herein Is true and accurate
I anderatard :hat, upon receipt of ro•Ificatlon (postcard) that the application has been
scheduled for public hearing. I am -esponsible for obtaining and ocsting the, equired
sign on the subject propery at least 30 days prior to Ine scheduled public hearing
according tc tre ms"roct'bns in 'his package
9
—J� _----- Yt1/IN ILjLLX..t_
pp ican- s S,g -a,jre Prn- Name
o plea. Gn-er , $ice at. e r "_'ferer• R3- sLp can'- Pn- Name
?ate rJ or tG
KEVIN MILLER
Agenda Item # 12
Page 8
Item #12
Kevin Miller
Conditional Use Permit
120 Ojibwa Lane
District 2
Kempsville
December 14, 2005
REGULAR
Joseph Strange The next application is Item #12, wtuch is Kevin Miller An Ordinance
upon Applicavon of Kevin Miller for a Conditional Use Pemut for a recreational facility
of an outdoor nature (skateboard ramp) on property located at 120 Ojibwa Lane, Distnct
2, Kempsville
Dorothy Wood Hello
Kevin Miller Hello I'm Kevin Miller I'm the property owner at 120 Ojibwa Lane
Yeah I'm just requesting the permission to build a skateboard ramp for my two children
and myself We would be the primary users I can't say that there won't bean occasion
that I wouldn't have a friend over to skate on an afternoon That's basically my case I
don't attempt to be a nuisance and I want to be accommodating So, basically what I need
to do to complete my project that is what I want to do
Dorothy Wood Okay Do we have any questions' Thank you
Robert Miller. Let me ask him something And I'm not related to Mr Miller The ramp
that you're proposing to do is pretty large Can you give me the size of it again please9
Kevin Miller Sixteen feet wide and about thirty feet long and about five feet high
Robert Miller Faith, can you rertund me what size is allowed`'
Faith Christie One quarter pipe
Robert Miller One quarter pipe
Faith Christie One sheet of plywood
Robert Miller Right, one sheet of plywood Substantially less that what we're talking
about Is that one per house' Okay Are there other speakers'
Dorothy Wood No Mr Miller hasn't finished yet has be'
Robert Miller Yes, I have
Item n 12
Kevin Miller
Page 2
Eugene Crabtree When we were out there we looked at your property I noticed that there
was not only this frame that you have started there but back to the left to where this
picture shows. I saw some half sheets out there, and some ramps, and things like that.
which you have out there also
Kevin Miller I'm sorry What was n°
Eugene Crabtree It looked like some ramps It looks like some skateboard ramps or
some other plywood stmrLures that you had There were three or four of them sitting
there.
Kevin Miller No `,Vhat it is I have the wood that you see thereto the left The wood
that you see there to the left that's covered and 1 also have plywood on the front porch
that you may have seen
Eugene Crabtree There were a couple of half ramps or something It looked like Jump
ramps.
Kevin Miller I'm not sure I know what you're speaking of I have no more ramps on
that property Like I said, there is plywood in the front of the house under the porch
Eugene Crabtree I saw that
Kevin Miller And that is all pan of the construction of this ramp That's all I don't
have any other ramps
Dorothy Wood Are there any other questions' Thank you sir
Kevin Miller Okay Thank you
Dorothy Wood Discussion' Ms Anderson
Janice Anderson I think skateboarding is great It's a very popular sport and we should
have more facilities to enjoy it I am agreeing with the staff though on that these private
ramps in backyards are not compatible with the next -door neighbor I just know that my
children did it and they did it in the street on the ramp I can definitely tell you that in the
back of my yard when they were on the ramp and when they weren't It's not a sound that
is quiet It's not necessary a nuisance but it is loud and noticeable I believe that it has
been the policy of the Planning Department to deny the applications Tlus is not just
particular to the neighborhood I think it is the policy and I'm not in disagreement with
the policy
Dorothy Wood I wonder if we have had any complaints
Item #12
Kevin Miller
Page 3
Kevin Miller Can I address that9
Dorothy Wood Please watt a minute until we finish our questions and then I'll ask you
to come up Okay' Is there any other discussion'
Joseph Strange I would like to say that 1 concur with what Jan said
Dorothy Wood Mr Miller if you want to say one sentence please if its new
information"
f
Kevin Miller Okay I hadn't seen this I had talked to this neighbor and he is the one
that originally called when he saw me constructing it
Dorothy Wood Okay
Kevin Miller And, I talked to him and he told me his concerns and 1 thought I addressed
his concerns He even told me that he would consider it and obviously he still is going to
oppose it
Dorothy Wood. How old are your children Mr Miller`'
Kevin Miller My son is five and my daughter is eight
Dorothy Wood- So you could use Just the small one'
Kevin Miller You know, I've been skating for fifteen years and a quarter pipe, for one
you can't do it in your backyard because you can't run on it You can't get any run. You
have grass Mount Trashmore, I think is great You have the park out there But I don't
know if you've ever been there I've had my daughter come off twice crying so I know
not to take my kids out there because it is for older kids 1 don't necessarily want them to
be subjected to that
Dorothy Wood Thank you sir We appreciate you coming down
Kevin Miller- Okay But I will have another say when the City Council hears this
Dorothy Wood Yes sir
Kevin Miller Okay Thank you
Dorothy Wood Ms Anderson was that a motion'
Janice Anderson I'll go ahead and put that in a motion but I would like to say something
Mr Miller that I agree with you that there is probably not enough for the young kids
Item #12
Kevin Miller
Page 4
They will get eaten up when the bigger kids are around It's a great sport I enjoy it
They have competition now at the Oceanfront a lot during the ECSC and I know there are
a lot of citizens that enjoy it and there are some young kids But so far as backyards are
concerned. I'll go ahead and recommend a dental would be my motion
Joseph Strange I'll second it.
Dorothy Wood A motion by Ms Anderson and seconded by Mr Strange Did you have
a comment Gene'
Eugene Crabtree: I was going to second it
Robert Miller We go through this conversation and I'm a little slow on the uptake and I
know we have been through this before 1 know that City Council has also It seems like
to me like we talked about other facilities in the City Bob, remember that there was a
plan at some point to put them in some of the parks
Robert Scott Yes I do remember
Robert Miller- What's the schedule? Do you know9 Okay. I just think that it is almost a
sad commentary that I have been hearing about this for many years now I can't
remember how long ago Trashmore was redone but it's probably been three or four years
It seems like we're not attending to this issue the question of skateboarding throughout
our City and it is something like Jan says. it's a very popular It is something that we
need to provide facilities so that we don't have to have folks getting in to each other's
hair, and have an issue like this where 1 don't think what he is doing is inappropriate but
where he is doing it is inappropriate is what we're doing. We're not succeeding here
Donald Horsley. Maybe we can ask Ms. Duke if she would cam that message to Parks
and Recreation when she goes to Park and Recreation that we need a little relief from
Parks and Recreation
Dorothy Wood Thank you Mr Crabtree
Eugene Crabtree After the next Parks and Recreation meeting, Ms Duke will be there I
am on that advisory to that group I will make a recommendation to them that they look
into the possibility of having more skateboard ramps and facilities for skaters in our parks
in our City 1 don't know whether it will do any good or not but I'll be happy to make
that recommendation
Dorothy Wood Thank you We have a motion by Ms Anderson and second by Mr
Strange to deny the application
Item #12
Kevin Miller
Pa -Me 5
AYE 10
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
ICATSIAS
KNIGHT
AYE
NHLLER
AYE
RIPLEY
iYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
NAY 0 ABS 0 ABSENT 1
ABSENT
Ed Weeden By a vote 10-0, the Board has denied the application of Kevin Miller
Dorothy Wood Thank you
Faith Christie
From: JOHN BONFIGLIO [chilichecker@cox net)
Sent: Tuesday, December 13, 2005 6 45 PM
To- Faith Christie
Subject: Item#12 Agenda December 14, 2005 Pubic Hearing
Attachments, header htm
December 13, 2005
Faith Christi
Planning Commission Office
City, of Virginia Beach, Va
Dear Commissioners,
I am writing you because of the proposed skateboard ramp that my neighbor has started building in his back yard Both my wife
and I are deeply apposed to this being built We believe this to be a noise problem as well as something that would detract from
the eye appeal of my property if I was to decide to sell my house We have lived in this house since 1989 and have invested in
siding and windows to keep the house looking good and warm and inviting We made the uuual phone call to the zoning
commission that resulted in stopping construcnon of this ramp We would like to thank you for your attention in this matter
Agam, we are apposed to the building of this skateboard ramp in our neighborhood
Sincerely,
John Bonfigho
121 Narragansett Dr
Virguua Beach,Va 23462
75?-499-0479
In the agenda Item #12
December 14, 2005 Public Hearing
GPIN 147-72303250000
Conditional Use Permit for a recreational facility
Of an outdoor nature (skateboard ramp)
12/14/2005
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — amend Section 4 of the Site Plan Ordinance
MEETING DATE: January 31, 2006
■ Background:
An Ordinance to amend Section 4 of the Site Plan Ordinance pertaining to
changes to the references to the datum used to measure the elevation of land
■ Considerations:
This amendment is necessitated by the City's change in how it will begin
referencing the horizontal and vertical measurement of land This amendment
only affects the reference for the vertical measurement (elevation) of land The
new GIS system has required the City to be more accurate and more consistent
with the rest of the Commonwealth and the Country. making these small changes
in reference points necessary This Ordinance will become effective on July 1.
2006 to give the engineering community time to adjust to the new requirement
The Planning Commission placed this item on the consent agenda because this
change will bring the City into line with the rest of the State regarding how
horizontal and vertical measurement of land is referenced
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request
■ Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval Planning Commission recommends
approval A J�
Submitting Department/Agency. Planning Department
1
City Manager `Z �<:�J U'L
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTION 4 OF THE SITE
PLAN ORDINANCE
Agenda Item # 39
December 14, 2005 Public Hearing
REQUEST
An Ordinance to amend Section 4 of the Site Plan Ordinance pertaining to changes to the references to
the datum used to measure the elevation of land
SUMMARY OF AMENDMENT
This amendment is necessitated by the City's change in how it
will begin referencing the horizontal and vertical measurement
of land This amendment only affects the vertical measurement (elevation) of land area referenced The
new GIS system has required the City to be more accurate and more consistent with the rest of the
Commonwealth and the Country, making these small changes in reference points necessary This
Ordinance will become effective on July 1, 2006 to give the engineering community time to adjust to the
new requirement
Staff recommends approval of this amendment
RECOMMENDATION
CITY OF VRIGINIA BEACH -DATUM
Agenda Item # 39
Page 1
1 AN ORDINANCE TO AMEND SECTION 4 CF THE S=TE
2 PLAN ORDINANCE PERTAINING TO CHANGES TO THE
3 REFERENCES TO THE 1P_TUM USED TO MEASURE THE
4 ELEVATION OF SAND
5 SEC :ON AMENDED § 4, Appendix C, Site Plan Ordinance
6 BE IT ORDAINED BY THE CITY COUNCII OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 4 of the City Site Plan Ordinance is hereby
9 amended and reordained, no read as follows:
_0 Sec. 4. Information required on site development plan.
11 B. Existing and required site features and improvements:
12 1. Streets and easements, their names, rights -of -way status
13 (public or private), numbers and widths. Type (class) and
14 width of pavement, curbs, and sidewalks
15 2 All property line and property line curve data or
16 centerline and centerline curve data including radius,
17 delta angle, length of arc, chord and tangent shall be
18 shown on the site development plan
15 3. Utilities of all types
2C 4. The topographic survey, showing the elevation of streets,
21 alleys, buildings, structures, water courses and their
22 names. The topography shall be sown by adequate spot
2_ elevations The finished grade for the entire site shall
24 be shown and the proposed lowest floor elevation_ of all
25 buildings (except for detached garages and storage areas
26 which shall be located at or above the one -hundred -year
27 flood elevation) shall be a minimum cf one (11 foot above
28 the elevation of (a) the flood water of record of [or]
29 (b) the intermediate flood level as determined by the
30 U.S. Army Corps of Engineers or (c) the flood level as
31 determined by the department of public works, whichever
32 is greater All elevations shall be referenced to
34 ,a_._ t. North American Vertical Datum (NAVD) of 1988.
35 All horizontal dimensions shown on the site development
36 plan shall be in feet and decimals of a foot All
37 bearings in degrees, minutes and seconds. Additionally,
38 on all residential site plans single-family, two-family,
39 duplex and townhouses, the following information must be
40 provided:
41 COMMENT
42 This amendment is necessitated by the City's change in how it will begin referencing the
43 horizontal and vertical measurement of land. This amendment only affects how vertical measurements
44 (elevation) of land are referenced. The new GIS system has required the City to be more accurate and
4 5 more consistent with the rest of the Commonwealth and the Country, making these small changes in
46 reference points necessary. This Ordinance will become effective on 7/1/06 to give the engineering
47 community time to adjust to the new requirements.
48
49
50
This Ordinance
will be effective on
July
1,
2006.
5i
Adopted by the
City Council of the
City
of
Virginia Beach,
52
Virginia, on this
day of
,
2006.
F
CA-9439
OID/ordres/proposed/siteplan4ord doc
R3
November 3, 2005
APPROVED AS TO CONTENTS
Pl nning Depar men:
APPROVED AS TO LEGAL SUFFICINENCy-
Ci7:�v A=torney's Office
r aJirb
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM- City of Virginia Beach — amend Sections 6.1 and 6.3 of the Subdivision
Ordinance
MEETING DATE: January 31, 2006
■ Background:
An Ordinance to amend Section 6 1 of the Subdivision Regulation pertaining to
changes to the references to the datum used to measure the elevation of land
and Section 6 3 of the Subdivision Regulation pertaining to changes to the
references to the datum used to measure the horizontal distance of land
■ Considerations:
These amendments are necessitated by the City's change in how it will begin
referencing the horizontal and vertical measurement of land The new GIS
system has required the City to be more accurate and more consistent with the
rest of the Commonwealth and the Country, making these small changes in
reference points necessary This Ordinance will become effective on July 1,
2006 to give the engineering community time to adjust to the new requirements
The Planning Commission placed this item on the consent agenda because this
change will bring the City into line with the rest of the State regarding how
horizontal and vertical measurement of land is referenced
■ Recommendations.
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request
■ Attachments,
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency- Planning Department
City Manager. k•'66lM'rl
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTION 6.1 AND
SECTION 6.3 OF THE SUBDIVISION
REGULATION
Agenda Item # 40
December 14, 2005 Public Hearing
REQUEST
An Ordinance to amend Secf,on 6 1 of the Subdivision Regulation pertaining to changes to the references
to the datum used to measure the vertical elevation of land and Section 6 3 of the Subdivision Regulation
pertaining to changes to tha references to the datum used to measure horizontal distance of land
SUMMARY OF AMENDMENT
These amendments are necessitated by the City's change in how it will begin referencing the horizontal
and vertical measurement of land The new GIS system has required the City to be more accurate and
more consistent with the rest of the Commonwealth and the Country, making these small changes in
reference points necessary This Ordinance will become effective on July 1, 2006 to give the
engineering community time to adjust to the new requirements
Staff recommends approval of this amendment
RECOMMENDATION
CITY OF VIRGINIA BEACH -DATUM
Agenda Item # 40
Page 1
Y
1 AN ORD__NANC_ TO AMEND SECTION 6.1
OF THE
2 SLBDIVISION REGU'LATI.ON P_RTA=NING
TO
CHANGES
3 -0 THE REFERENCES TO THE DATUM USED
TO
MEASURE
4 THE ELEVATION OF LAND AND SECTION
6.3
OF THE
5 SUBDIVISION REGULATION PERTAINING
-0
CHANGES
6 TO "HE REFERENCES TO THE DATUM USED
TO
MEASURE
7 THE HORIZONTAL MEASURE OF LAND
8 SECTION AMENDED: §§ 6.1 and 6.3, Appendix B, S._bdiv=sion
9 Regulations
l�
11 BE IT ORDAINED BY THE C=TY COUNCIL OF THE C=TY OF VIRGINIA
12
BEACH, V=RGINIA
13
That Sect,o ns
0.1 and 6 3 of the City
Zoning Ord-nance Is
14 hereby amended and reordained, to read as follows:
15 PLATS AND DATA
16 Sec. 6.1. Preliminary plats and data --Generally.
17
The preliminary plat shall be
at
a scale
of
not
less than one
18
inch equals one hundred (100) feet
and
Tray be
of
one
or -lore sheets
19 as necessary. :he plat shall include or be accompan•Led by the
20 followina-
21
22
-opographic map of a suitable scale and contour =nterval,
23
as determined
by the city
engineer, where a grading and
24
drainage plan
is required
by the spec=fications of the
2E. depart -rent of publ-c wor{s, as approved by the council of
26 the City of Virginia Beach. Vertical control shall be
2 7 based on Nat±enal Geedetie pier-t. ea B-.tum (wrGVD) e f 1929,
26 4:9:-2 ad5ustf9en— Nor -. American Vertical Datum (NAVD) of
295 1988
3C Sec. 6.3. Final plats and data.
31
The final subdivision plat shall
be prepared by a certified
32
civil engineer or land surveyor -n
ink on an approved durable
33
tracing -medium at a scale of !" = =00'
unless a different scale is
34
approved by general rule for classes
of cases or by the planning
35
director in a particular case All
original tracings shall be
36
presented between the _following sizes.
8 1/2" X 11" and 18" X 24".
37
Lettering shall be no less than one
-tenth inch or 2.54 mm. in
38
height. Lettering and line weigh= shall be no less than .013 inches
39
or .3302 mm. Letter and line spacing
for control pencil drawings
40
shall be no less than 050 inches and for ink drawings no less than
41
040 inches. When more than one sheet is required, all sheets shall
42
be numbered and of the same size,
with match marks to guide
43
preparation if compcsite maps, and an
index nap on a sheet of the
44
same size as the sectional maps shall
be filed, which shall show,
45
among other things, sectional map numbers, all lot and block
46 numbers, and street names. In addition, a small scale location nap
47 showing the property shall be required. The final plat s,a'_1 show
4- the following data, and shall be completed and processed as
49 indicated:
5
5'_
if; All 'linear and angular dimensions for
locating
boundaries
52
of the
subdivisions, lots, streets,
alleys,
public and
53
private
easements. Linear dimensions
shall be expressed
2
54
_._ feet and h-_:ndredths of a foot Angular measurements
55
shall be expressed by bearings. A1_ curve data shall be
56
expressed by a c---rve table on the face of the plat, each
57
curve being tabulated and numbered to correspond with the
56
respective numbered curves shown on its respective sheet
59
throaghout the plat. The curve data shall include the
60
curve number, arc, delta, rad_---s, ta.igent, chord and the
6_
chord bearing. Dimensions, both linear and angular, shall
E2
be deter-i_ned by an accurate con-_rol survev i- the -field
63
w=ich shall be c:ecked for closure and must balance and
64
close within 1 to :0,000 Horizontal contro_L shall be
65
based on the Vira_ria State Plane Coordinate Syste-.,
E6
South Zone, NAD 1983/7-993 (High Accuracy Reference
67
Network) (HARM . A m:n=mum cf two (2) coordinate values
68
nyust be shown on each sheet of the plat, expressed in
E9
±nt-ern—text feet (en. feet equals G �,;o ffieter, l S.
70
Survey Feet. No plat showing plus or minus dlstance will
71
be approved. Plan and profile sheets shall be provided on
72
all new streets and underground utilities, as required by
73
specifications of the department of public works or
74
departre-z of public utilities, as approved by the
75
council cf the City of Virginia Beach. The airector of
76
public won{s or director of public -utilities may rega_re
3
77 such off_ce and field checks, respectively, as necessary
78 to assure the accuracy of the plat.
79
80 (z) Every final plat shall contain a ncte tha= star -es
81_ the following- "THE MER--CIAN SOURCE OF THIS PLAT =S BASED
82 ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH
83 ZONE, NAD 1983/1993 (H-,RN). COORDINATE VALJES SHOWN ARE
84 EXPRESSED IN iNTERNs_TI9NA13 FEST- FGGT- SQdAaS 9.3948
85 "ETER);.S. SURVEY _EET."
86 COMMENT
87 These amendments are necessitated by the City's change in how it will begin referencing the
86 horizontal and vertical measurement of land. The amendment at lines 28-29 only affects the way
89 vertical measurements (elevation) of land are referenced. The amendments at lines 66-67, 69-70 and 83-
90 85 affect the way horizontal measurements (distance) of land are referenced. The new GIS system has
9'- required the City to be more accurate and more consistent with the rest of the Commonwealth and the
92 Country, making these small changes in reference points necessary. This Ordinance will become
93 effective on 7/l/06 to give the engineering community time to adjust to the new requirements.
94
95
96
97
This Ordinance
w111 be effective c-i
July
'_, 200E.
98
Adopted by the
City Council of the
City
of Vi-grnia Beach,
99
Virginia, or: this
day of
, 2006.
CA-9437
0ID/ordres/proposed/subdivision6.lord.doc
R5
November 3, 2005
APPROVED AS TO CONTENTS:
1
i
Pla n ng Department
A?PROV'ED AS TO LEGAL SUFFICINENCY:
City :Attorne s Office
4
L APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HAMPTON ROADS ECONOMIC DEVELOPMENT
HEALTH SERVICES ADVISORY
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE —PPEA
RESORT AREA COMMITTEE (RAC)
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
I
i
I �
M UNFINISHED BUSINESS
N NEW BUSINESS
O ADJOURNMENT
I
CITY OF VIRGINL4 BEACH
SUMMARY OF COUNCIL ACTION'S
V
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BRIEFINGS
A 1-264IMPROVEMENT
Horace Welch,
Transportation
Engineer. Si .
Virginia
Department of
Transportation
(VDOT)
B COMPENSATION PLAN
Susan Walston.
Chief of Staff
11,111,
IV
CERTI FTC 4TION OF CLOSED
CERTIFIED
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
V-E
SESSION
V"-F
MINUTES - January 10, 2006
APPROVED
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
V-1 I
Resolution in OPPOSITION to
ADOPTED
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
Senate Bill No 87/House Bill No
665 re billboard pruning/vegetation
2
Resolution to REFER to
ADOPTED.
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
Planning Comm Ordinance to
BY CONSENT
amend Sect 5011901'1001 of
CZO re uses in clear zone
3
Resolutions REQUESTING VDOT
ADOPTED,
8-0
Y
Y Y
Y
A
A
A
Y
Y
Y
Y
ACCEPT
BY CONSENT
a additional streets for urban
maintenance payments
b corrections to road inventory
for urban maintenance pavirients
4
Resolution GRANTING Cox
ADOPTED,
8-0
Y
Y
A
A
A
Y
Y
Y
Y
Communications of Hampton Roads,
BY CONSENT
I----
LLC extension to Request for
Formal Renewal February 28. 2006
re cable franchise
CITY OF VIRGINIA BEACH
SUM•NARY OF COUVCIL ACTIONS
V
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DATE January 24, 2006
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ITEM # SUBJECT MOTION VOTE
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Resolution APPOINTING
ADOPTED.
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
Elizabeth C Kalocay Assistant City
BY CONSENT
Attornev
6
Ordinance to AUTHORIZE
ADOPTED,
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
acquisition of property re
BY CONSENT
Presidential Boulevard Pump Station
(=517)
7
Ordinance to AUTHORIZE lease
ADOPTED
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
at 4797 East Indian River Road
BY CONSENT
(Stumpy Lake Golf Course) to
Development Authority re RFP for
]on, --term operatiort'managemenY
renovation
8
Ordinance to ACCEPT/
ADOPTED,
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
APPROPRIATE S390,399 from
BY CONSENT
U S Depart of Justice to EMSTire
Comlt re weapons of mass
destruction
9
Ordinances re
ADOPTED,
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
HousingrNeighborhood Preservation
BY CONSENT
a APPROPRIATE S360,682 from
Home Program Income re housing
rehabilitation affordable rental
housing; low-mcome homeless
families/first-time homeowners'
reconstruction of housing
b APPROPRIATE $354 225 from
HUD CDBGITRANSFER
$616,435 re repairs'additional
housing for homeless. operational
improvements
c ACCEPT/APPROPRIATE
S297,565HUD Section 8 Housing
Choice Voucher revenue re rental
subsidies at Morgan
Terrace/Ebbetts Plaza
CITY OF VIRG/NIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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M
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BULLFROGSBUTTERFLIES
APPROVED
8-0
Y
Y
Y
Y
A
A.
A
Y
Y
Y
Y
CUP re child care education center
CONDITIONED
at 2844 North Landing Road
BY CONSENT
(DISTRICT 7 — PRINCESS ANTE)
2
LISA BARLOW CUP re home
APPROVED
6-2
Y
Y
Y
N
A
A
A
Y
Y
Y
N
occupation (animal rehabditator)
CONDITIONED
at 948 Morgan Trail (DISTRICT 2 —
I,'PON
KEMPSVILLE)
COMPLIANCE
3
PAMELA J. JOHNSON CUP re a
APPROVED%
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
home occupation (daycare) at 3005
CONDITIONED
Redbud Court (DISTRICT 3 —
BY CONSENT
ROSE ';ALL)
4
CZOre Historic Kempsville
APPROVED
7-0
Y
Y
Y
A
A
A
A
Y
Y
Y
Y
vlaster Plan
B
S
a ADD Article 20 Sections 2000,
T
2004 establishing Overlay District
i
A
I
b AMEND Section 102 re official
N
zoning maps
E
D
c AMEND Article 9/Sections 900
906 re legislative intent for B-4K
i
Mixed Use District
d AMEND Official Zoning Map re
Overlay District
e AMEND Comp Plan to
incorporate the Master Plan
CITY OF VIRGIVIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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V L
APPOINTMENTS
BEACHES and WATERWAYS
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
COMMISSION
INVESTMENT PARTNERSHIP
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
ADVISORY COMMITTEE —
PPEA
PERSONNEL BOARD
Reappointed 3 year
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
term
03 01 2006 —
02 2812009
Ruby Christian
William J Dale
George E McGovern
VIRGINIA BEACH
Appointed 4 year
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
COMMUNITY
term
DEVELOPMENT
01 01'2006 —
CORPORATION
1231.2009
Emmanuel Voces
ADD
COMMUNITY MEDICAL
Appointed 5 year
8-0
Y
Y
Y
Y
A
A
A
Y
Y
Y
Y
ON
ADVISORY COMMISSION
term
01 '01 12006 —
08'31'2010
Jack Garrison, M D
V M,
N.O
ADJOURNMENT
6 56 P M
rF