MARCH 14, 2006 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
.JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
14 MARCH 2006
I.
CITY COUNCIL COMMENTS
- Conference Room -
3:00 PM
II. REVIEW OF AGENDA ITEMS
III. INFORMAL SESSION
- Conference Room -
3:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Frances Cooper
Pastor, Courthouse Community 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
1.
INFORMAL and FORMAL SESSIONS
March 7, 2006
G. AGENDA FOR FORMAL SESSION
H. BRIEFING and PUBLIC COMMENT
1. OCEANA LAND USE CONFORMITY PROGRAM
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolutions to REFER Ordinances to the Planning Commission re Accident Potential Zone
1 (APZ-1):
a. AMEND Chapter 1 of the Comprehensive Plan re incorporating voluntary
conversion of nonconforming uses to conforming uses
b. AMEND andREORDAIN Article 18 of the City Zoning Ordinance (CZO), ~~ 1803
and 1807 (Appendix A), and ADD ~~ 1808 -1810 re allowing certain uses that are
conditional in the underlying zoning district as principal uses (APZ-1 Incentives
Ordinance)
2. Resolution to SUPPORT the National Park Service's Captain John Smith Chesapeake
National Historic Water Trail feasibility study.
3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Urban Land
Institute (ULI) re a Pungo Village Land Use study.
4. Ordinance to TRANSFER $43,400 from the Reserve for Contingencies in the FY 2005-2006
Operating Budget regional participation re a contribution to the Hampton Roads Military
and Federal Facilities Alliance.
K. PLANNING - NO ACTION
1. Application of BELLAMY ASSOCIATES, L.c. for a Change of Zoning District
Classification from R-7.5 Residential District to Conditional A-18 Apartment District for
multi-family dwellings at 4416 Princess Anne Road. The Comprehensive Plan designates
this site as being within the Primary Residential Area. (DISTRICT 2 - KEMPSVILLE)
. . .. . . This item was incorrectly advertised for February 28 and March 14th;
therefore, it must be shown on this Agenda; however, on February 28th,
City Council DEFERRED CONSIDERA TION INDEFINITELY;
therefore NO ACTION IS NECESSARY this date.
2. Ordinance to AMEND Section 502 of the City Zoning Ordinances (CZO) re front yard
setbacks for lots fronting on the east side of Sandfiddler Road.
This item was incorrectly advertised and cannot be heard as advertised.
L. PLANNING
1. Variance re lot size to ~4.4(b) ofthe Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for BENJAMIN J.
WILLIS, III at 404 54th Street to create two (2) single-family lots.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROV AL
2. Variance re lot width to S4.4(b) ofthe Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for JESSUP
CONSTRUCTION, L.L.c. at 956 Hurds Road to create two (2) single-family lots.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
3. Application of RICHARD and LOVIE FORTUNE to place a mobile home for a relative to
reside on their property at 3892 Charity Neck Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
WITHDRAWAL
4. Application of SUNSATIONS REALTY, L.L.c. for a Change of Zoning District
Classification from B-2 Community Business District to Conditional 1-1 Light Industrial
District for an office/warehouse at Village Road and Virginia Beach Boulevard. The
Comprehensive Plan designates this site as being within the Primary Residential Area.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
5. Application ofM.B.B., INC. for a Conditional Use Permit for mini-warehouses at Diamond
Springs Road and Haden Road. The proposal is consistent with the Comprehensive Plan's
recommendations. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
6. Ordinance to AMEND ~~111, 201 and 502 of the City Zoning Ordinance (CZO) re rear
yard setbacks for swimming pools and accessory structures on through lots.
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
RESORT AREA COMMITTEE (RAC)
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION.
April 11 (Workshop)
April 13 (Workshop)
April 18 (Workshop)
April 20 (Public Hearing)
April 25 (Workshop)
April 25 (Public Hearing)
May 3 (Reconciliation Workshop)
May 9 (Adoption)
Council Conference Room
Council Conference Room at 3:00 p.m.
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room at 2:00 p.m.
Council Chamber
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 03/14/2006mb
www.vbgov.com
.1-
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 March 2006
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL COMMENT and REVIEW OF
AGENDA ITEMS Session in the City Council Conference Room, City Hall, on Tuesday, March 14,
2006 at 3:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Peter W. Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Jim Reeve
[Entered: 3:10 p.M.}
Richard A. Maddox
[Entered: 3: 15 P.M.}
March 14, 2006
- 2 -
CITY COUNCIL COMMENTS
3:00 P.M.
ITEM # 54993
The Mayor, Council Members Dyer and Wilson referenced the Virginia Beach Citizen BRAC Committee
Meeting on Monday, March 13, 2006, 6:30 P.M, Building 19 - Human Resources. The members and
guests received information re the proposed Ocean a Land use Conformity Program. This program is an
additional component of the City's Plan for Compliance with the BRAC Commission's decision regarding
NAS Oceana. The Council complimented City staff relative their organization of this meeting.
March 14, 2006
- 3 -
AGE N DA REV IE W S E S S ION
ITEM # 54994
J.1. Resolutions to REFER Ordinances to the Planning Commission re Accident
Potential Zone 1 (APZ-l):
a. AMEND Chapter 1 of the Comprehensive Plan re incorporating
voluntary conversion of nonconforming uses to conforming uses
b. AMEND and REORDAIN Article 18 of the City Zoning Ordinance
(CZO), 99 1803 and 1807 (Appendix A), and ADD 99 1808 - 1810 re
allowing certain uses that are conditional in the underlying zoning
district as principal uses (APZ-l Incentives Ordinance)
If speakers are registered, these resolutions will be discussed during the Formal Session.
ITEM # 54995
J.2. Resolution to SUPPORT the National Park Service's Captain John Smith
Chesapeake National Historic Water Trailfeasibility study.
Council Lady McClanan expressed concern if this item related to the Historic Waterways. The City
Manager advised this Resolution will indicate City support re the Feasibility Study to determine the
designation of a National Historic Trail.
ITEM # 54996
J.3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the
Urban Land Institute (ULl) re a Pungo Village Land Use study.
This item shall be discussed during the Formal Session
ITEM # 54997
J. 4. Ordinance to TRANSFER $43,400 from the Reserve for Contingencies in the FY
2005-2006 Operating Budget regional participation re a contribution to the
Hampton Roads Military and Federal Facilities Alliance.
Council Lady McClanan wished to be assured the Mayor would be heard as the City's representative.
The Mayor advised she would be attending the functions. The Hampton Roads Military and Federal
Facilities Alliance, with membership from representatives of various Hampton Roads' communities,
recognizes the strategic importance of the military andfederal government's role in Hampton Roads.
March 14, 2006
- 4 -
AGE N DA REV IE W S E S S ION
ITEM # 54998
The City Attorney distributed an ADD-ON Ordinance:
Ordinance to AMEND Airport Noise Attenuation and Safety Ordinance incorporating
provisions of Virginia Code requiring certain disclosures in sales and rentals of real
estate.
Through the State Code, this disclosure is already law and thus will bring the City Code into compliance.
ITEM # 54999
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
J. RESOLUTIONS/ORDINANCES
2. Resolution to SUPPORT the National Park Service's Captain John Smith Chesapeake
National Historic Water Trail feasibility study.
4. Ordinance to TRANSFER $43,400from the Reservefor Contingencies in the FY 2005-
2006 Operating Budget regional participation re a contribution to the Hampton Roads
Military and Federal Facilities Alliance.
March 14, 2006
- 5 -
AGENDA RE VIE W SESSION
ITEM # 55000
1. Variance re lot size to S4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirement of the City Zoning Ordinance (CZO) for
BENJAMIN J. WILLIS, III at 404 54th Street to create two (2) single-family
lots.
(DISTRICT 5 - LYNNHA VEN)
Mayor Oberndorf referenced Ordinance from the North Beach Civic League concerning lack of setbacks
and the tearing down of smaller homes.
Council Lady Wilson advised the homes depicted are very attractive and are not duplexes.
Councilman Wood advised the neighbors concur with this application.
ITEM # 55001
4. Application ofSUNSATIONS REALTY, L.L.C.for a Chanf!e ofZoninf! District
Classification from B-2 Community Business District to Conditional 1-1 Light
Industrial District for an office/warehouse at Village Road and Virginia Beach
Boulevard. The Comprehensive Plan designates this site as being within the
Primary Residential Area. (DISTRICT 6 - BEACH)
Stephen White, Planning, advised the proposed application is located within the APZ 1, and is a
compatible use.
ITEM # 55002
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K. PLANNING
1. Variance re lot size to S4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirements of the City Zoning Ordinance (CZO)
for BENJAMIN J. WILLIS, III at 404 5ih Street to create two (2) single-family
lots.
(DISTRICT 5 - LYNNHA VEN)
2. Variance re lot width to S4.4(b) of the Subdivision Ordinance that requires all
newly created lots meet the requirement of the City Zoning Ordinance (CZO) for
JESSUP CONSTRUCTION, L.L.C. at 956 Hurds Road to create two (2) single-
family lots. (DISTRICT 5 -LYNNHAVEN)
3. Application of RICHARD and LOVIE FORTUNE to place a mobile home for a
relative to reside on their property at 3892 Charity Neck Road. (DISTRICT 7 -
PRINCESS ANNE)
March 14, 2006
- 6 -
AGENDA RE VIE W SESSION
ITEM # 55002 (Continued)
4. Application ofSUNSATIONS REALTY, L.L.C.for a Change ofZoninf! District
Classification from B-2 Community Business District to Conditional I-I Light
Industrial District for an office/warehouse at Village Road and Virginia Beach
Boulevard. The Comprehensive Plan designates this site as being within the
Primary Residential Area. (DISTRICT 6 - BEACH)
5. Application of M.B.B., INC. for a Conditional Use Permit for mini-warehouses
at Diamond Springs Road and Haden Road. The proposal is consistent with the
Comprehensive Plan's recommendations. (DISTRICT 4 - BAYSIDE)
6. Ordinance to AMEND 99111,201 and 502 of the City Zoning Ordinance (CZO)
re rear yard setbacks for swimming pools and accessory structures on through
lots.
Item L.4 (RICHARD and LOVIE FORTUNE), shall be WITHDRAWN, BY CONSENT.
March 14, 2006
- 7 -
ITEM # 55003
Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or
resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1)
To Wit: Appointments: Boards and Commissions:
Beaches and Waterways Commission
Bikeways and Trails Advisory Committee
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Meal Tax Task Fore
Resort Advisory Commission (RAC)
Social Services Board
Southeastern Public Service Authority
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use
of real property for public purpose, or of the disposition of publicly-held property, or of plans for
the future of an institution which could afJect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property - Lynnhaven District
Bayside District
Rose Hall District
LEGAL MATTERS: Consultation with legal counselor briefings by stafJmembers, consultants, or
attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the
provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7).
Public Safety Employment Practices
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed
into CLOSED SESSION (3:16 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 3:16 P.M. - 5:38 P.M.)
(Dinner: 5:38 P.M. - 5:59 P.M.)
March 14, 2006
- 8 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 14, 2006
6:00 P.M.
Mayor Meyer E. Oberndoif called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 14, 2006, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCATION: Reverend Frances Cooper
Pastor, Courthouse Community Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
Marrh 14 ;WOfi
- 9 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 55004
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting:
11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 55003, page 7, and in accordance
with the provisions of The Virginia Freedom of Information Act and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by
the governing body that such Closed Session was conducted in conformity with Virginia
law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in
Closed Session to which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this Closed Session were
heard, discussed or considered by Virginia Beach City Council.
th Hodges Smith, MMC
City Clerk
March 14, 2006
- 10 -
Item V-F.I.
MINUTES
ITEM #55005
Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council APPROVED
Minutes of the INFORMAL AND FORMAL SESSIONS of March 7, 2006.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 11 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55006
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Ordinance to AMEND Airport Noise Attenuation and
Safety Ordinance incorporating provisions of Virginia
Code requiring certain disclosures in sales and rentals of
real estate.
March 14, 2006
- 12 -
Item V-G. 2.
RECOGNITION
ITEM #55007
Mayor Oberndorf recognized the members of the Political Action Committee of the Virginia Beach
Alumnae Chapter of DELTA SIGMA THETA SORORITY INC., a public service organization founded
by twenty-two (22) college women on January 13, 1913. The Virginia Beach Alumnae Chapter was
chartered on April 18, 1982:
Helen P. Shropshire, a Bayside resident for many years, advised their theme is "Informed, Concerned
and Committed To Action". "Red" is their color. Mrs. Shorpshire introduced her fellow members who
were in attendance:
Kareen Windley
Chair
Cassandra Baker- Wright
Martha Chamblee
Brenda Herron
Norma Kemp
Yvonne Lewis
Bertha Myrick
Laurice Yarn
March 14, 2006
- 13 -
Item V-G.3.
ADD-ON
ITEM #55008
Upon motion by Councilman Wood, seconded by Vice Mayor Jones, City Council ADDED to the Consent
Agenda as Item J5.
Ordinance to AMEND the Airport Noise Attenuation and Safety Ordinance
incorporating provisions of Virginia Code requiring certain disclosures in
sales and rentals of real estate.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 14-
Item V-H.I.
BRIEFING AND PUBLIC COMMENT
ITEM #55009
Oceana Land Use Conformity Program
The City Manager introduced Deputy City Attorney William Macali to present information relative the
Oceana Land Use Conformity Program. This is the last component of the City's Plan for compliance with
the Base Realignment and Closure Commission's (BRA C) decision regarding NAS Oceana. The
purpose is to foster the conversion of non-conforming uses being changed to conforming uses in the APZ
1 areas and protect the integrity of the neighborhoods located in these areas. The Virginia Beach Citizen
BRAC Committee met Monday evening, March 13, 2006, and received this information.
Deputy City Attorney William Macali advised, on December 20, 2005, the City Council adopted three (3)
very important ordinances: APZ-1, Overlay and Use and Acquisition Plan. In doing so, the City Council
directed the City Manager to bring forward innovative means of rolling back incompatible development
by replacing non-conforming uses with conforming uses in APZ-1.
The Program is designed to accomplish, by voluntary means:
- Conversion of nonconforming uses to conforming uses in APZ-I
- Relocation of nonconforming uses out of APZ-I
- Protection of established residential neighborhoods in APZ-I
· Examples of conforming uses:
- Manufacturing (afew types, including miscellaneous)
- Communications facilities
- Utility facilities
- Transportation facilities
- Wholesale trade
- Retail sales (automotive, marine, aircraft and accessories)
- Cemeteries
- Warehousing and storage services
- Repair services;
- Indoor recreational facilities
Examples of nonconforming uses (not permitted ifnew, but allowed to stay if there already):
- Residential (all)
- Restaurants/bars/nightclubs
- Manufacturing (most types)
- Retail (most types)
- Personal services
- Professional services
March 14, 2006
- 15 -
Item V-H.I.
BRIEFING AND PUBLIC COMMENT
ITEM #55009 (Continued)
Oceana Land Use Conformity Program
- The Program consists of:
- Four ordinances that offer incentives (zoning, tax, financial) for conforming uses to locate
in APZ-l and for nonconforming uses to relocate out of APZ-l
- Comprehensive Plan amendments
- A committee to coordinate the various aspects of the Program and to make
recommendations to the City Council, Development Authority and Planning Commission
on matters relating to the Program
The APZ-I Incentives Ordinance
- Allows conforming uses in APZ-l that normally require conditional use permits to be
developed without the need for a cUP if certain criteria are met (that ensure a high
quality of development)
Procedure:
- Upon receipt of application, Planning Director notifies adjacent property owners and
persons across the street and invites their comments
- No decision may be made for 15 days from mailing of notices, during which time comments
may be submitted. The Planning Director. must carefully consider all comments
- Planning Director makes decision 15-30 days after mailing notices on the basis of the
comments and the criteria in the ordinance
The proposed development may be approved onlv if Planning Director finds that the features are clearly
sufficient to prevent any adverse impacts to residential or apartment uses or other property within APZ-l.
If the Planning Director denies approval, the applicant would still be entitled to apply for a conditional
use permit.
Eligible uses:
0-2: Off-street parking for adjacent uses in Business District
B-2: Auto service, auto repair, auto sales on lots >20,000 square feet,
boat sales, indoor recreation facilities, fiber-optic transmission
facilities, mini-warehouses, mobile home sales, public utility
storage/maintenance, commercial parking garages
1-1: Auto service, auto repair, fiber-optic transmission, firewood
preparation, mobile home sales
March 14, 2006
- 16 -
Item V-H.l.
BRIEFING AND PUBLIC COMMENT
ITEM #55009 (Continued)
Oceana Land Use Conformity Program
APZ-l Technology Business Opportunity Zone Ordinance
Qualifying businesses:
- Any conforming business that either:
Locates or relocates in APZ-1 and meets the development criteria in the APZ-1
Incentives Ordinance (Planning Director must certifY)
OR
Is already in APZ-1 and meets those criteria
Benefits:
- Rebate of ninety percent (90%) of business, professional and occupational license
(BPOL) taxes for so long as the use meets the development criteria in the APZ-l
Incentives Ordinance up to a maximum of 15 years; and
- Reimbursements of building code, zoning ordinance, subdivision, site plan, water and
sewer connection fees
APZ-l Property Tax Exemption District Ordinance
Establishes APZ-l as a Property Tax Exemption District
- Qualifying Criteria:
Nonconforming use is rehabilitated, renovated or replaced, resulting in the
conversion to a conforming use
· Assessed value afterwards must be greater than the original assessed value by at
least 20%
Must be for commercial or industrial use
Must be consistent with the City's Comprehensive Plan and Zoning Ordinances
· Exemption is for the amount equal to the increase in assessed value resulting from
rehabilitation, relocation, etc. of structure for a period of 15 years
Economic Development Incentive Program (EDIP) Revisions
Amends definition of "Economic Redevelopment Areas" to include properties located in the
APZ-l and Clear Zones
March 14, 2006
- 17 -
Item V-H.i.
BRIEFING AND PUBLIC COMMENT
ITEM #55009 (Continued)
Ocean a Land Use Conformity Program
· Criteria:
Oceana Land Use Conformity Committee must determine that the
development or redevelopment will further the goals of the Ocean a Land
Use Conformity Program, including:
Bringing new conforming uses into APZ-1
Converting nonconforming uses to conforming uses
Retaining conforming uses in APZ-1
Relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the
City
Comprehensive Plan Amendments
Three basic principles:
- City's involvement will be with willing property owners only. The City will encourage and
facilitate, not force solutions on unwilling participants
- Unsuitable uses will not be allowed to infringe upon established neighborhoods and
commercial areas. Integrity of existing land use is a first priority
- The second priority, where it can be achieved compatibly with existing neighborhoods and
businesses, is to replace nonconforming uses with those that are conforming
Oceana Land Use Conformity CommiUee
Created for the purpose of making recommendations to the City
Council and Development Authority re implementation of necessary or
appropriate actions to achieve Program goals
· Recommendations to be consistent with:
· City Zoning Ordinance
APZ-l/Clear Zone Use & Acquisition Plan
· Comprehensive Plan
Final HRJLUS
.
Zoninglland use practices that promote the continued viability of established
residential neighborhoods
March 14, 2006
- 18 -
Item V-H.I.
BRIEFING AND PUBLIC COMMENT
ITEM #55009 (Continued)
Oceana Land Use Conformity Program
Membership appointed by City Council:
- 2 City Council Members
- 2 Virginia Beach Development Authority members
- City Manager
- City Attorney
- Chief Development Officer
- 1 APZ-l rf!sidential property owner
- 1 APZ-l commercial property owner
(Also includes one (1) non-voting member designated by the United States Navy)
Duties
Make recommendations to the City Council, Planning Commission and Development
Authority concerning:
Prospective land transactions, including:
- land use, financial and tax incentives
- voluntary land sales, purchases, assemblages, et.cetera
- finanGings, acquisitions and grants
The use of zoning and other land use tools to accomplish rollback of
nonconforming uses
Applications for rezonings and conditional use permits
The use of ordinances imposing fees or taxes
· Powers
. On behalf of the City Council or the Development Authority, to apply for,
receive and accept grants, gifts, et cetera from federal, state or local agencies
. Request the Development Authority to employ consulting engineers, attorneys,
accountants, et cetera
· Encourage private parties to facilitate the conversion of nonconforming uses
into conforming uses
· Encourage the public sector (including federal, state, regional and local
authorities) to locate compatible uses within APZ-l
· Act as an intermediary between the Development Authority and public or
private entities in identifYing compatible uses that may be encouraged
through the granting of incentives
March 14, 2006
- 19 -
Item V-H.i.
BRIEFING AND PUBLIC COMMENT
ITEM #55009 (Continued)
Oceana Land Use Conformity Program
Funding sources include:
· Proceeds from the sale of real estate resulting from the activities of the
Committee
Funds appropriated by the City Council for areas within APZ-l, as set forth in
the CIP
· Grant monies that may be received by the City
· EDIP funds
Other funding sources as the City Council may designate or that may become
available
Committee to report at least yearly on
properties acquired & disposed of
· description of the incentives employed in each transaction and the dollar value
thereof
· progress in accomplishing the rollback of nonconforming uses to conforming
uses
SUMMARY
The City of Virginia Beach is committed to rolling back nonconforming uses in APZ-1 whilefully
protecting established residential neighborhoods.
The land use, tax and other financial incentives, in conjunction with the City Council's actions of
December 20, 2005, will accomplish this rollback in a manner that is more effective and fairer
than by a strictly "purchase and condemn" approach.
The City Attorney advised the Oceana Land Use Conformity Plan Ordinances will be SCHEDULED for
the City Council Session of March 28, 2006. This Plan is a key component for adherence to the
challenges presented by the Base Realignment and Closure Commission (BRA C). The City Attorney
expressed appreciation to the City Manager and Management Services for their assistance.
There being no speakers registered, Mayor OberndorfCLOSED the PUBLIC COMMENT session.
March 14, 2006
- 20-
Item v'K.
RESOLUTIONS/ORDINANCES
ITEM #55010
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1a./b., 2, 4 and 5 (ADDED) of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 21 -
Item v'K.1a1b.
RESOLUTIONS/ORDINANCES
ITEM # 55011
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolutions to REFER Ordinances to the Planning Commission re
Accident Potential Zone 1 (APZ-1):
AMEND Chapter 1 of the Comprehensive Plan re incorporating
voluntary conversion of nonconforming uses to conforming uses
AMEND and REORDAIN Article 18 of the City Zoning Ordinance
(CZO), 99 1803 and 1807 (Appendix A), and ADD 99 1808 - 1810
re allowing certain uses that are conditional in the underlying zoning
district as principal uses (APZ-1 Incentives Ordinance
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
1
2
3
4
5
6
7
8
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND
CHAPTER 1 OF THE COMPREHENSIVE PLAN BY
INCORPORATING PRINCIPLES GUIDING THE
VOLUNTARY CONVERSION OF NONCONFORMING
USES IN ACCIDENT POTENTIAL ZONE 1 TO
CONFORMING USES
9
WHEREAS, the public convenience, general welfare and good
10 zoning practice so require;
11
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the above-entitled ordinance, a true copy of which is
14 hereto attached, is hereby referred to the Planning Commission
15
for
its
consideration and recommendation.
The
Planning
16 Commission is directed to consider, and make its recommendation
17 on, such ordinance by no later than March 27, 2006 and forthwith
18 to transmit to the City Council its recommendation thereon.
19
Adopted by the Council of the City of Virginia Beach,
20
Virginia, on the
14th
day of March
, 2006.
CA9936
OID/ordres/AICUZ/APZ-l
R-l
March 7, 2006
Comp Plan res.doc
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ ?-~-o"
Planning Department
wtlkrfr! Jfk/
City Attorney's Office
1
2
3
4
5
6
7
AN ORDINANCE TO AMEND CHAPTER 1 OF
THE COMPREHENSIVE PLAN BY
INCORPORATING PRINCIPLES GUIDING
THE VOLUNTARY CONVERSION OF
NONCONFORMING USES IN ACCIDENT
POTENTIAL ZONE 1 TO CONFORMING
USES
6
WHEREAS, on March 27, 2006, the Planning Commission held a
7 public hearing concerning the amendment of the Comprehensive
8 Plan (the "Plan") as set forth in the attached Exhibit A, and at
9 the conclusion of such public hearing, recommended that the Plan
10 be amended thereby;
11
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the Comprehensive Plan be, and hereby is, amended and
14 reordained in accordance with the attached Exhibit A.
15
16
Adopted by the Council of the City of Virginia Beach,
17
Virginia, on the
day of
, 2006.
CA-9802
OID/ordres/AICUZ/APZ-l
R-l
March 7, 2006
Comp Plan ordin.doc
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ "3-]- p(,
Plannin' epartment
w~ jlf/t1~j
City Attorney's Office
Exhibit A
Recommended Amendment to
Comprehensive Plan
March 28,2006
Underlined text indicates proposed addition to the following portion of
the Comprehensive Plan:
Chapter 1
Introduction and General Strategy
Page 12 of the Comprehensive Plan Policy Document
A strong military presence in the community
We want Virginia Beach to continue to be the proud host and home to the military. We
support the military and recognize the important contributions they make to our
community. We will work to further galvanize the strong partnership that has been a
hallmark of our relationship over the past four decades. The military presence in this
region is a major positive force that stabilizes our economy, provides numerous
government and private sector jobs, results in extensive government expenditures in the
private sector, and provides an important element in the identity for the region. The
military also helps by contributing to a reliable and well-trained 10callabor pool that is an
effective lure to desirable industry. A consistent and reliable AICUZ Program provides
necessary protection to potential development in the community from jet noise and
accident potential, and is an important factor in enabling the military to remain here in
force and contribute to our local economy. Future military aircraft basing decisions may
bring louder and more numerous aircraft accentuating the importance of giving due
consideration to this program during all land use decision making. Retention and growth
of the military presence in this region will be directly reflected in the economic vitality of
Virginia Beach.
To ensure that the military remains here in force and continues to contribute to our local
economy, areas of the city instrumental to military operations must be strategically
planned to consist ofland uses that conform to OPNA V Instructions regarding AICUZ.
The area designated as Accident Potential Zone 1 is a geographic area of special concern.
Already subiect to the APZ-l ordinances, which prohibit by-right development not in
accordance with the OPNA V Instructions, and to the AICUZ Overlay Ordinance, which
prohibits discretionary approval by Council except in accordance with the OPNA V
Instructions, this area is also the subiect of an intense effort by the City to work with
willing property owners to transform nonconforming uses to conforming uses in APZ-1.
This will be conducted according to three basic principles:
1. The City's involvement will be only with willing property owners. While the City
will encourage and facilitate certain choices, it will not force solutions on
unwilling participants.
2. The City will encourage the orderly exercise of choice. Residents and businesses
that choose to remain in the status quo deserve a quality setting in which to live
and work. Unsuitable uses will not be allowed to intrude into areas where people
live and work to the detriment of the quality oflife, and they will not be allowed
to infringe upon established neighborhoods and commercial areas. Integrity of
existing land use is a first priority.
3. The second priority, where it can be achieved compatibly with existing
neighborhoods and businesses, is to systematically replace uses that are
nonconforming under the OPNA V Instructions with those are conforming.
Among the techniques to be used are: retention of conforming uses where they
already exist; recruitment of conforming uses from outside the APZ-1 area;
providing incentives to the private sector to replace nonconforming with
conforming uses; and location of appropriate conforming public uses within the
area.
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION, AS PART OF THE OCEANA LAND USE
CONFORMITY PROGRAM, AN ORDINANCE TO AMEND
AND REORDAIN ARTICLE 18 OF THE CITY ZONING
ORDINANCE (APPENDIX A) BY AMENDING SECTIONS
1803 AND 1807 AND ADDING NEW SECTIONS 1808,
1809 AND 1810, ALLOWING CERTAIN USES AS
PRINCIPAL USES IN ACCIDENT POTENTIAL ZONE 1
WHERE ALLOWED AS CONDITIONAL USES IN THE
UNDERLYING ZONING DISTRICT
12
WHEREAS,
the
Ci ty Council
desires
to
encourage
the
13 development of uses and structures in Accident Potential Zone 1
14 (APZ-1) that are compatible with both flight operations arising
15 out of NAS Oceana and established residential neighborhoods; and
16 WHEREAS, the City Council intends to adopt other ordinances
17 and programs (collectively, the "Oceana Land Use Conformity
18
Program" )
to make funds and incentives available for the
19 purposes of encouraging the voluntary replacement or relocation
2 0 of nonconforming uses in APZ-1, as determined pursuant to the
21 Department of the Navy's OPNAV Instruction 11010.36B and Section
22 1804 of the City Zoning Ordinance, so as to facilitate efforts
23 of both the private and public sectors that will roll back
24 encroachment by nonconforming uses in APZ-1; and
25
WHEREAS, the City Council also desires to ensure that the
26 development and redevelopment of conforming uses in APZ-1 occurs
27 only where and when it can be accomplished in a manner that is
28 clearly not detrimental to established residential neighborhoods
29 within APZ-1 and in a manner consistent with sound planning and
30 land use principles to promote the orderly and compatible co-
31 existence of different uses in APZ-1 and the Clear Zone; and
32
WHEREAS, it is the opinion of the City Council that the
33 adoption of an ordinance creating certain zoning incentives to
34 encourage the development of conforming uses In appropriate
35 areas wi thin APZ-1 lS an effective means of accomplishing the
36 aforesaid obj ecti ves and an integral component of the Oceana
37 Land Use Conformity Program; and
38
WHEREAS, the public necessity, convenience, general welfare
39 and good zoning practice so require;
40
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42
That the above-entitled ordinance, a copy of which is
43 hereto attached, is hereby referred to the Planning Commission
44
for
its
consideration
and
recommendation.
The
Planning
45 Commission is directed to consider, and make its recommendation
46 on, such ordinance by no later than March 27, 2006 and forthwith
47 to transmit to the City Council its recommendation thereon.
48 Adopted by the Council of the City of Virginia Beach,
49
Virginia, on the
14th
day of March
, 2006.
CA-9934
OID\ordres\APZ-1 incentives. res
R-2
March 6, 2006
2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ 3 - "'6-01>
Planning epartment
!JL~ )j)~
City Attorney's Office
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
18 OF THE CITY ZONING ORDINANCE (APPENDIX A)
BY AMENDING SECTIONS 1803 AND 1807 AND
ADDING NEW SECTIONS 1808, 1809 AND 1810
ALLOWING CERTAIN USES AS PRINCIPAL USES IN
ACCIDENT POTENTIAL ZONE 1 WHERE ALLOWED AS
CONDITIONAL USES IN THE UNDERLYING ZONING
DISTRICT
Sections Amended: City Zoning Ordinance
Sections 1803 and 1807
Sections Added: Ci ty Zoning Ordinance
Sections 1808, 1809 and 1810
16
WHEREAS,
the
City
Council
desires
to
encourage
the
17 development of uses and structures in Accident Potential Zone 1
18 (APZ-1) that are compatible with both flight operations arising
19 out of NAS Oceana and established residential neighborhoods; and
20 WHEREAS, the City Council intends to adopt other ordinances
21 and programs ( collectively, the "Oceana Land Use Conformity
22
Program" )
to make funds and incentives available for the
23 purposes of encouraging the voluntary replacement or relocation
24 of nonconforming uses in APZ-1, as determined pursuant to the
25 Department of the Navy's OPNAV Instruction 11010.36B and Section
26 1804 of the City Zoning Ordinance, so as to facilitate efforts
27 of both the private and public sectors that will roll back
28 encroachment by nonconforming uses in APZ-1; and
29
WHEREAS, the City Council also desires to ensure that the
30 development and redevelopment of conforming uses in APZ-1 occurs
31 only where and when it can be accomplished in a manner that is
32 clearly not detrimental to established residential neighborhoods
33 within APZ-l and in a manner consistent with sound planning and
34 land use principles to promote the orderly and compatible co-
35 existence of different uses in APZ-l and the Clear Zone; and
36
WHEREAS, it is the opinion of the City Council that the
37 adoption of an ordinance creating zoning incentives to encourage
38 the development of conforming uses in appropriate areas wi thin
39 APZ-l is an effective means of accomplishing the aforesaid
40 objectives and an integral component of the Oceana Land Use
41 Conformity Program;
42
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
43 CITY OF VIRGINIA BEACH, VIRGINIA:
44
That Article 18 of the City Zoning Ordinance is hereby
45 amended and reordained by the amendment of Sections 1803 and
46
1807 and the addition of Sections 1808,
1809 and 1810,
47 pertaining to principal uses allowed in the portions of the 0-2
48 Office District, B-2 Community Business District and I-I Light
49 Industrial District within Accident Potential Zone 1 (APZ-l), to
50 read as follows:
51 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE
52 USE ZONES (AICUZ)
53
54 A. OVERLAY DISTRICT REGULATIONS.
55
56
57
2
58 Sec. 1803. Applicability.
59
(a)
Area of applicability.
Except as provided in Section
60 1805 and in Part B of this Article, the provisions of this
61 Article shall apply to discretionary development applications
62 for any property located within an Accident Potential Zone (APZ)
63 or Noise Zone 70-75 dB DNL or >75 dB DNL, as shown on the
64 official zoning map, that have not been approved or denied by
65 the City Council as of the date of adoption of this Article. For
66 purposes of this Article, discretionary development applications
67 shall include applications for:
68
69
70
71
72
73
74
75
76
77
78
79
80
Rezonings, including conditional zonings;
l.
2 .
Conditional
use
permits
for
new
uses
or
structures, or for alterations or enlargements of
existing conditional uses where the occupancy
load would increase;
Conversions or enlargements of nonconforming uses
3.
or
structures,
except
where
the
application
contemplates the construction of a new building
or structure or expansion of an existing
use or
structure where the total occupancy load would
not increase; and
4 .
Street
closures
where
the
application
contemplates the construction of a new building
3
81
or structure or the expansion of a use or
82
structure where the total occupancy load is
83 increased.
84
85 COMMENT
86
8 7 The amendment is a technical amendment made necessary because Part B of this Article
88 (Sections 1808 - 1811) do not apply to discretionary development applications, but allow certain
89 uses by right under the conditions specified in Section 1811. The amendment makes no substantive
9 0 changes.
91
92
93
94
95 Sec. 1807. Reservation of powers; severability.
96
(a) Nothing in this Article shall be construed to require
97 the City Council to approve any application solely because it
98 meets the requirements of this Article, it being the intention
99 of this Article that the City Council shall be entitled to
100 exercise its authority in such applications to the fullest
101 extent allowed by law.
102
(b) The provisions of this ocction Article shall be
103 severable , it being the intention of the City Council that in
104 the event one (1) or more of the provisions of this :Jcction
105 Article shall be adjudged to be invalid or unenforceable, the
106 remaining provisions of this ocction Article shall be unaffected
107 by such adjudication.
108 COMMENT
109
110 The amendments to subsection (b) are technical corrections only and do not substantively
111 affect the provisions of this ordinance.
4
112
113 B. ACCIDENT POTENTIAL ZONE 1 (APZ-1).
114
115
116 Sec. 1808. Purpose and intent.
117
In addition to the purposes set forth in Section 1801, the
118 purpose of this Part shall be to encourage the development of
119 uses and structures In APZ-1 that are compatible with both
120 flight operations arising out of NAS Oceana and established
121
residential
neighborhoods
in
APZ-1
by
providing
certain
incentives for such development.
The provisions of this Part
122
123 allow certain uses to be located in appropriate zoning districts
124 within APZ-1 without the need for a conditional use permit, so
125 long as the physical and other features of those uses, such as
126 building design and materials, parking lot and site landscaping,
127 landscape screening, site lighting and signage are of a quality
128 demonstrably higher than normal and the hours of operation are
129 strictly limited so as to not interfere with the quality of life
130 in nearby residential neighborhoods.
131
It is the intention of the City Council that a use be
132 allowed' without a conditional use permit pursuant to these
133 provisions only: (i) in zoning districts within APZ-1 where the
134 use is appropriate; (ii) when the characteristics of the use are
135 clearly sufficient to prevent any adverse impacts to residential
136 or apartment uses or other property within APZ-1; and (iii) when
5
137 the design features and other characteristics of the proposed
138 use meet or exceed the standards set forth in Section 1811.
139 COMMENT
14 0 This section sets forth the purpose and intent of the provisions that follow. The overriding
14 1 intent of these provisions is to promote the development and redevelopment of uses and structures
142 in APZ-l that are compatible with both flight operations arising out of NAS Oceana and
14 3 established residential neighborhoods in APZ-l. The protection of such neighborhoods is given the
14 4 highest priority in the application of the provisions.
145
146 Sec. 1809. Development incentives and permitted uses in APZ-1.
147
148
(a) The following uses shall be allowed as principal uses
149 on property in Accident Potential Zone 1 (APZ-1) if all design
150 and other features enumerated in Section 1811 are provided:
(1)
0-2 Office District:
151
152
A.
Off-street
parking
in
conjunction
with
153
permitted uses in an adjoining business
154
district, where such parking: (i) lS limited
155
to the
zoning lot
contiguous with the
156
business district use for which the parking
157
is provided; and (ii) does not extend more
158
than two hundred (200) feet into the 0-2
159
District.
(2) B-2 Community Business District:
160
6
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
A.
Automobile repair garages and small engine
repair establishments where all repair work
is performed within a building;
B.
Automobile
repair
establishments
dealing
C.
D.
E.
exclusively in minor repairs of the type
provided at automobile service stations;
Automobile service stations;
Boat sales;
and
parking
Commercial
storage
garages
garages which include car wash, car rental
or
car
detailing
services
wholly
when
F.
G.
H.
I.
J.
enclosed within a parking structure and
accessory thereto;
Commercial indoor recreation facilities;
Fiber-optics transmission facilities;
Mini-warehouses;
Mobile home sales;
Motor vehicle sales on lots larger than
20,000 square feet;
K.
Public
utility
maintenance
storage
or
(3)
installations.
I-l Industrial District:
A.
Automobile service stations;
7
184
B.
Automobile repair garages;
185
C.
Fiber-optics transmission facilities;
186
D.
Firewood preparation facilities;
187
E.
Mobile home sales.
188
(b) Nothing in this section shall prohibit the City
189 Council from granting a conditional use permit for any of the
190 uses set forth herein upon proper application therefor.
191 COMMENT
192 The section sets forth the uses that are allowed as principal (by-right) uses if they meet the
193 criteria set forth in Section 1810. All of the uses are allowed as conditional uses in their respective
1 9 4 underlying zoning districts.
195
196
197 Sec. 1810 Design, etc., features; notice.
198
(a) Any of the uses enumerated in Section 1809 shall be
199 allowed as a principal use in the zoning districts designated
200 therein if, in addition to all other applicable requirements of
201 this ordinance, the Planning Director finds that the utilization
202 of the following features is clearly sufficient to prevent any
203 adverse impacts to residential or apartment uses or other
204 property within APZ-l:
(1 )
the use conforms to all general and specific
205
conditions applicable to such use under Part C of
206
207
Article 2 of this ordinance;
8
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
(2 )
enhanced
site
parking
lot
landscaping
2nd
exceeding
applicable
requirements,
both
qualitatively and quantitatively, is provided;
(3)
exterior
lighting
intensity
and
is
of
low
(4 )
residential in character and shielded in such
manner as to direct light and glare away from
residential areas;
hours of operation are limited so as to avoid
disturbances to residential neighborhoods;
(5)
signage
is
nonilluminated
or,
where
either
( 6)
freestanding,
illuminated
is
externally
from
ground level, no neon lighting visible from any
adjoining property is used,
and freestanding
signs are located as far from residential or
apartment districts as is practicable;
storage
of
materials,
or
containers,
waste
(7 )
merchandise, except for boats, motor vehicles,
motor homes or similar items for sale, is within
the interior of the building or is screened so as
to not be visible from streets or adjoining
properties;
where
adjacent
residential
or
apartment
to
districts, enhanced landscape buffering exceeding
9
231
applicable requirements, both qualitatively and
232
quantitatively, is provided; and
233
(8 )
building design and exterior building materials
234
substantially conform to such of the "Design
235
Guidelines
for Primary Residential Area"
set
236
forth in Chapter 7 of the Comprehensive Plan as
237
are appropriate for the use.
238
(b)
Upon receipt of an application pursuant to this Part,
239 the Planning Director shall cause notice thereof to be sent by
240 certified mail to the record owner of each lot adj acent to, or
241 directly across the street from, the property that is the
242 subj ect of the application, which notice shall invite comments
243 concerning the application. The Planning Director shall give
244 careful consideration to the comments received in determining
245 whether to approve or disapprove the application, and shall, no
246 less than fifteen (15) nor more than 30 days after the date of
247 mailing of the required notices, either approve or disapprove
248 the application on the basis of the criteria set forth in this
249
Part and the comments received.
Such decision shall be In
250 writing and mailed or delivered to the applicant and all persons
251 who provided comments.
252 COMMENT
253 The section sets forth the criteria that are required in order for a use to be allowed without
254 a conditional use permit. The criteria are intended to ensure that development permitted under the
10
255 provisions of Section 1809 is of high quality and that it will not have any adverse effects upon
256 residential or other property located in APZ-l.
257
258 The section also contains a requirement that all owners of property adjacent to, or directly
259 across the street from, the subject property be notified of an application and sets forth the
2 60 procedure by which the Planning Director approves or disapproves an application.
261
262 Adopted by the City Council of the City of Virginia Beach,
263
Virginia on the
day of
, 2006.
~ >-B~'b
Planning Department
APPROVED AS TO LEGA~L
SUFFICIEN~Y: AJ.!
uJlitAfJt!lIl/V;u .
City Attorney's Office
APPROVED AS TO CONTENT:
CA-9930
OID\ordres\APZ-l incentives ordin.doc
R-7
March 6, 2006
11
- 22 -
Item V.X.2
RESOLUTIONS/ORDINANCES
ITEM # 55012
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to SUPPORT the National Park Service's Captain John
Smith Chesapeake National Historic Water Trailfeasibility study
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
1
2
3
4
5
6
A RESOLUTION TO SUPPORT THE NATIONAL
PARK SERVICE'S CAPTAIN JOHN SMITH
CHESAPEAKE NATIONAL HISTORIC WATER
TRAIL FEASIBILITY STUDY
WHEREAS, the City Council of Virginia Beach, Virginia
7 desires to commemorate the 400th annlversary of the English
8 settlement of America and Captain John Smith's monumental
9 voyages of exploration in the Chesapeake Bay; and,
10
WHEREAS, the English settlers first came ashore in Virginia
11 Beach on the morning of April 26th, 1607 - making our city
12
central to the birth of our nation.
The settlers erected a
13
cross on Cape Henry that could be seen off shore.
Smith would
14 later sail along the shores of Virginia Beach during his 1608
15 voyages through the Chesapeake Bay and map the area that is
16
today known as the City of Virginia Beach.
In addition, Smith's
17 map of the Chesapeake Bay shows a Maltese cross south of Cape
18
Henry in the Sandbridge area,
marking the limit of his
19 exploration; and,
20
WHEREAS, at the time of Captain Smith's arrival, the City
21 of Virginia Beach was home to a substantial population of
22 Virginia Indians whose knowledge and trade goods were essential
23 to the survival of the English settlement at Jamestown; and,
24
WHEREAS, on account of the leadership of Representative
25 Thelma Drake, Senator John Warner and Senator George Allen, the
26 U. S. Congress passed legislation authorizing the National Park
27 Service to study the feasibility of establishing the Captain
28 John Smith Chesapeake National Historic Water Trail as a unit of
29 the National Trail System; and,
30
WHEREAS, the National Park Service is currently conducting
31 the trail feasibility study; and,
32
WHEREAS,
the
City of Virginia Beach's
historic
and
33 recreational resources generate significant economic revenue
34 from heritage tourism and the Captain John Smith Chesapeake
35 National Historic Water Trail would make an important new
36 addition to these resources; and,
37
WHEREAS,
the
Captain John
Smith
Chesapeake National
38 Historic Water Trail would provide an excellent opportunity for
39 the public to learn about Virginia Indian history, early English
40 settlements, as well as the tributary rivers to the Chesapeake
41 Bay.
42
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
43 OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
44 That the City Council of the City of Virginia Beach pledges
45 its support for the National Park Service's Captain John Smith
46
Chesapeake National Historic Water Trail feasibility study.
The
47 City is eager to participate in support of the study process I
48 and urges the National Park Service to complete it on an
49 expedited basis; and
2
50
BE IT FURTHER RESOLVED:
51
That the City Council of the City of Virginia Beach
52 requests that the City Clerk transmit a copy of this resolution
53 to the Secretary of the Interior, the Director of the National
54
Park Service,
and Members of the Virginia Congressional
55 Delegation.
56 Adopted by the City Council of the City of virginia Beach,
.
57
Virginia, this 14th
day of
March
, 2006.
CA9937
H:\OID\LU\Ord&Res\Resolution
R-2
March 9, 2006
re CPT SMith.doc
APPROVED AT TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ ;'1.0'
Planning Department
j)J~ jJJ. j)/J
City Attorney
3
THE 400TH ANNIVERSARY OF CAPTAIN JOHN SMITH'S EXPLORATIONS
Captain John Smith Legislation
On August 2, 2005, President Bush signed legislation (Public Law 109-54)
to authorize the National Park Service (NPS) to study the feasibility of estab-
lishing the Captain John Smith Chesapeake National Historic Water Trail, as
part of the Fiscal Year 2006 Interior, Environment and Related Agencies
Appropriations Act.
_ The NPS has begun its study process to determine whether the trail meets
the criteria required by the National Trail System Act (NTSA) to become a
National Historic Trail (NHT). The NPS will determine if the trail is nationally
and historically significant, and whether it provides opportunities for public
recreation. Given a positive recommendation from the NPS, Congress must
then amend the NTSA to include the John Smith Water Trail, in order for it
to officially become a NHT.
The Study Process
\,.~ This historic route is being considered for designation as a national historic
trail and must meet certain legislative requirements to become an official trail in the National Trails System. Over
the next year, the project team will assess trail alternatives and submit a Determination of Significance Statement
to NPS. When trail route alternatives are developed, purpose and significance statements will be used to evaluate
each alternative.
Under the Historic
Sites Act of 1935 and
Public law 106-135,
the National Park
Service Advisory
Board will determine
if the Captain John
Smith National
Historic Trail is
nationally significant.
If significance is
determined, feasibility
and management
options, including
federal management,
will be considered. If
the trail is determined
not to be nationally
significant, state and
local management
options will be con-
sidered.
What is a National Historic Trail?
A national historic trail is an extended trail that follows routes of travel that are historically and nationally signifi-
cant. The trail must be significant with respect to any of several broad facets of American history, such as trade
and commerce, exploration, migration and settlement, or military campaigns, and must have significant potential
for public recreational use or historical interest based on historical interpretation and appreciation. The trail need
not be continuous and might include land and water segments, marked highways paralleling the route, and sites
that together form a chain or network along the route.
The purpose and significance of each trail is examined to determine the unique characteristics of the trail.
Purpose and significance statements help ensure that management, resource protection, visitor use, and trail
development are in accordance with the NPS mission: to protect and preserve resources and to provide for the
enjoyment of those resources by people.
Purpose
The designation of this route as a national historic trail will:
. Help encourage preservation of the trail's history and physical environment.
. Allow visitors to envision John Smith's Chesapeake voyages
. Learn about the resources and environment of the Chesapeake Bay, then and now
. Highlight the history and historic contributions of the native American Indians of the Chesapeake region
· Help to spur efforts to protect and restore the region's historic and environmental assets.
Route of the Proposed Water Trail
John Smith conducted two major voyages around the Chesapeake Bay during the summer of 1608, both starting
from Jamestown and heading down the James River into the Bay. On the first voyage he traveled north along the
eastern shore, exploring the mouth of the Pocomoke River and traveling some distance up the Nanticoke River.
He continued north on the bay as far as present-day Baltimore and the Patapsco River, then headed south along
the western shore, exploring the Potomac (Patawomeck) and some of its tributaries to a point north of present-
day Washington, DC, before returning to Jamestown. On the second voyage, Smith went straight up the Bay to
the mouth of the Susquehanna and present-day Havre de Grace, exploring the Patuxent and Rappahannock
Rivers on his return trip southward. The proposed trail would be a circuit of the Bay, with river extensions, com-
bining the routes of these two historic
Project Area
See Maps Attached
John Smith Trail Study Schedule
. January 2006 - Draft Significance Report & solicit public input
. March 2006 - Complete resource assessment
. August 2006 - Draft study report
· September 2006 - Public review of study report
. November 2006 - Final study report
Contact Information
For more information about the John Smith Water Trail study, please contact:
William Sharp, Project Manager, william_sharp@nps.gov, 215.597.1655
Sherry Peck, Senior Planner, sherry_peck@nps.gov, 215.597.6478
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- 23 -
Item V,K.3
RESOLUTIONS/ORDINANCES
ITEM # 55013
Reverend Walter A. Whitehurst, President - Pungo Village Homeowners Association, 1761 Princess Anne
Road, Phone: 426-0230, spoke in SUPPORT of the Ordinance
Herb Jones, 2313 Sandpiper Road, Phone; 721-1103, expressed concerns relative the cost of the Urban
Land Institute (ULI) study and the residents who would benefit
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED:
Ordinance to AUTHORIZE the City Manager to execute an agreement with the
Urban Land Institute (ULI) re a Pungo Village Land Use study.
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Peter W Schmidt
Council Members Absent:
None
March 14, 2006
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE AN AGREEMENT BETWEENT THE CITY AND THE
3 URBAN LAND INSTITUTE FOR A PUNGO VILLAGE LAND
4 USE STUDY
5 WHEREAS, the area of the City traditionally known as Pungo has
6 considerable historical and aesthetic value and also serves as a
7 gateway to the rural southern portion of the City; and
8
WHEREAS, because of its uniqueness, history and ambience,
9 Pungo has the potential to become a showcase for village-style
10 development through the application of land use concepts that
11 encourage the preservation and enhancement of its historical,
12 cultural and aesthetic values; and
13 WHEREAS, the Pungo Landowners' Association has expressed the
14 collective desire of property owners in the area that the City
15 perform a study of land use and related topics in the Pungo area
16 with a view to creating a village-style land use plan for Pungo;
1 7 and
18 WHEREAS, the City has previously worked successfully with the
19 Urban Land Institute in performing the Shore Drive Corridor Study;
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
That the City Manager is hereby authorized to execute an
23 agreement between the City and the Urban Land Institute to perform
24 a Pungo Village Land Use Study in substantially the same form as
25 attached hereto and with such additional terms and conditions as
26 may be acceptable to the City Manager and the City Attorney.
27
28
Adopted by the City Council of the City of Virginia Beach,
29 Virginia, on this ~ day of March
, 2006.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning cY~ Cit~~ s~ce
CA9932
H:\PA\GG\OrdRes\Proposed\Pungo Land Use Study ORD.doc
R-l
March 3, 2006
APPLlCATION FORM FOR ULI ADVISORY SERVICES PANEL ASSIGNMENTS
. Please provide the following information:
Date of Application December 12. 2005
Lead Applicant Organization* City of Virginia Beach
Contact Person
Title/Role
Address
Thomas Pauls. AICP
Comprehensive Planning Coordinator
Virginia Beach Department of Planning
2405 Courthouse Drive
Virginia Beach. Virginia 23456
757-427-8594
757-426-5667
tpauls@vbgov.com
Telephone Number
Fax Number
E-Mail:
* This is the organization with which ULI will enter an agreement.
1. STATEMENT OF THE PROBLEM
Last summer, the Virginia Beach City Council passed a resolution in response to
a request by the Pungo Landowners Association that expresses support for a
Pungo Village Land Use Study to be performed by the Urban Land Institute.
The Institute was chosen for this initiative because of the extensive success it
has had, both nationally and internationally, in preparing a host of practical and
innovative planning tools for local governments. This particular initiative poses a
number of challenges and opportunities. These issues include:
. reaffirming or redefining the role of Pungo Village within the framework of
the adopted 2003 Virginia Beach Comprehensive Plan and the approved
2005 Hampton Roads Joint Land Use Study (See attachments)
. clarifying planning, design and physical characteristics of the village,
. evaluating the economic viability of the project, and
. identifying a realistic development strategy regarding infrastructure and
service delivery systems.
Presently, Pungo consists of a relatively compact and varied arrangement of
rural commercial uses that have, in large part, remained unchanged for many
decades. These uses are located along the approaches to and centered at the
intersection of Princess Anne and Indian River Roads, both of which are two lane
rural arterial roads. (See attached aerial photo) Pungo is a commercial and
social gathering place for the southern rural community and is a destination for
visitors from Hampton Roads and around the state. The Pungo Strawberry
Festival draws crowds of thousands each Memorial Day.
North of Indian River Road is the urban/suburban service area where public
water and sewer exists or may be built to support low-density development.
Immediately south of this road is the agricultural and rural service area where
extension of such facilities is prohibited by the Comprehensive Plan.
1
An expansive floodplain associated with West Neck Creek is located about a
quarter mile to the west of Pungo.
2. QUESTIONS TO BE ADDRESSED BY THE ULI PANEL
There are four areas of interest regarding this proposed study.
First, the overall role of Pungo Village needs to be clearly defined. Should this
role shift to serve the specialty shopping interests of those living in the suburban
north or should it reaffirm the traditional purpose as a social and commercial
center principally serving the agriculture and rural residential communities to the
south? Can it and should it try to do both?
Second, the village's planning and design consideration must be clearly defined.
What are the fundamental land use principles that should be applied to this area?
What is an appropriate village area? What should be considered with respect to
type, intensity and distribution pattern of land uses? What special design
elements should be employed with regard to sites, buildings, parking, open
space areas, trails, signs and streetscapes? From a design perspective, how
might we respect the historic heritage of Pungo area? How should aesthetic and
environmental considerations be addressed in this plan? How should we plan for
transportation improvements in an area that could be an origin and destination of
travel as well as a thoroughfare? In what way, if any, should Pungo Village relate
to West Neck Creek?
Third, the study should examine the market potential and whether a transformed
Pungo Village is economically viable. What is the investment potential of the
private sector? What is a realistic market base to ensure success? What public
sector incentives and investments, if any, might be required to serve as a catalyst
for private investment?
Fourth, the study must address significant local planning and strategic policy
implications with respect to development strategies and utility services in the
Pungo area. Over the past few decades, the City has reaffirmed a policy that
prohibits the introduction of public water and sewer facilities south of Indian River
Road. Since this road bisects Pungo, can we accommodate land use planning
goals for a cohesive 'village' consistent with adopted comprehensive planning
policies and without giving momentum to public utility extensions into the rural
area? Other public facility and service considerations must be addressed. What
are the best stormwater management systems for such areas? How can we
assure that city departments responsible for public safety can adequately deliver
their services in and around the village? What are the estimated costs of such
public facility and service requirements and what implementation strategies might
be considered?
2
3. MANAGEMENT PLAN
Key city representatives, project contact and other stakeholder
organizations/agencies include:
Key City Representatives:
James K. Spore, City Manager
William J. Whitney, Interim Chief Financial Officer and Dir. of Agriculture Dept
Robert J. Scott, Director of Planning
Proiect Contacts:
Thomas C. Pauls, Comprehensive Planning Coordinator
Melisa A. Chimienti, Community Design Planner
Tentative List of Oroanization and Aqencies to be Interviewed by ULI:
Community Oroanizations:
Farm Bureau
Pungo - Back Bay Civic League
Other Civic Leagues
Chamber of Commerce
Visions - business group
Back Bay Restoration Foundation
Tidewater Builders Association
Hampton Roads Realtors Association
City Council/Commissions / Departments:
City Council
Planning Commission
Agricultural Advisory Commission
Agriculture Dept
City Attorney's Office
Emergency Medical Services Dept
Fire Dept
Management Services Dept - budget
Parks and Recreation Dept
Planning Dept
Police Dept
Public Utilities Dept -water / sewer
Public Works Dept
School Administration
Federal Departments / Aoencies:
U.S. Navy - Naval Air Station Oceana
Back Bay National Wildlife Refuge
3
4. SPONSOR INFORMATION
The sponsoring agency for this study is the City of Virginia Beach. The City's role in
this study focuses on providing relevant planning guidance and background
information to the ULI advisory panel thereby enabling them to formulate a Pungo
Village Land Use Study. It is our desire to complete the Pungo Village Land Use
Study application and contract review / approval process as soon as possible. We
envision welcoming the ULI advisory panel members to Virginia Beach and
conducting the study soon after completing our response to the BRAC directive.
When completed, the Pungo Village Land Use Study will serve as a planning policy
tool for guiding planning and development decisions that affect this area. It will also
be used to when considering related land use policies of a strategic nature.
4
ULI-The Urban land Institute
Advisory Services Agreement
This Agreement constitutes a binding contract between the City of Virginia Beach (Sponsor) and
ULI-the Urban Land Institute (Institute). As part of its purpose, the Institute maintains an Advisory
Services Department for the purpose of benefiting the general public through improved planning and
utilization of urban land. The Sponsor wishes to obtain advice and recommendations from the
Institute regarding a development strategy for the Pungo area of the city.
Pursuant to this Agreement, the Institute agrees:
1. To provide a panel of persons composed of members of the Institute and others who
collectively have a varied and broad experience and knowledge applicable to the particular
problems to be considered, including the planning, development and redevelopment of land
and the ownership, management and financing of real property.
2. To arrange for the panel members to visit the location upon which its recommendations
are sought for a period of not less than five days, starting on or about , 2006.
During that time the panel, directly and through its staff, will study the designated area;
consult with public and private officials, representatives of other relevant organizations, and
other individuals familiar with the problems involved; and prepare its report, conclusions
and recommendations which will be presented to the Sponsor and its invited guests in oral
form at the close of the on-site assignment.
3. To provide the Sponsor with a written report of the study, its conclusions and
recommendations. The Sponsor will be furnished 200 copies of the report, including such
exhibits as may be necessary to augment the text. Additional copies of the report, if
ordered before the termination of the panel assignment, will be provided at the cost of
printing, mailing and handling.
4. To absorb the travel and living expenses of its panel and staff while on site.
ULI Advisory Services Agreement
Page 2
The Sponsor agrees, at its expense:
1. To furnish each panel member, in not less than 15 days in advance of the panel meeting,
such pertinent background data in the form of reports, plans, charts, etc., as may be
presently available or readily developed for the preliminary study of the panel, prior to its
inspection on site. Two copies are to be sent to the Vice President of Advisory Services
at ULI.
2. To arrange, insofar as possible, to have appropriate persons, including public and private
officials, representatives of the relevant organizations, and others, available for the
purpose of consulting with and furnishing information to the panel on specific matters
relevant to the assignment as may be necessary and advisable during the period of the
panel's visit.
3. To provide transportation and guides to be used by the panel for any necessary
inspection of the study area and its environs and to assist the Institute staff in making
advance arrangements for hotel accommodations for the Institute panel and staff and
supporting the panels activities while they are on site.
4. In return for the advice and recommendations ofthe Institute, to pay the Institute the total
sum of $115,000. The first installation of $55,000 will be paid upon signing of this
agreement. The second installment of $55,000 will be paid one week prior to the panel's
arrival on site. The third and final payment of $5,000 will be paid when the Sponsor
receives the final report. In the event the Sponsor cancels the panel assignment, the
initial payment is non-refundable and expenses incurred by the Sponsor becomes the
responsibility of that party. The sponsor is responsible for submitting all payment.
Unless previous arrangements are made, ULI will not accept payment from third parties.
It is understood that the fee paid by the Sponsor to the Institute is to be used to cover the costs of
the panel assignment and to support and encourage the Institute's scientific and educational
programs.
The Sponsor may make such use of the report as they may deem desirable. It is further
understood that the Institute may make such use of the report prepared of the panel's findings
and recommendations as it may deem desirable, and the Sponsor herewith specifically agrees
that the Institute may publish and disseminate such report or any part thereof in conjunction with
its research and educational programs.
ULI shall not be responsible for damages of any kind arising from the performance of services
under this agreement, unless such damages arise from gross neglect on the part of ULI. ULI' s
aggregate liability for damages of any nature shall be limited to the amount of the fee under this
agreement.
Sponsor
ULI-the Urban Land Institute
Namemtle
Rachelle Levitt, Exec. Vice President, Policy and Practice
Signature
Mary Beth Corrigan, Vice President, Advisory Services
Date
Date
- 24-
Item v'K.4.
RESOLUTIONS/ORDINANCES
ITEM # 55014
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to TRANSFER $43,400 from the Reserve for Contingencies
in the FY 2005-2006 Operating Budget regional participation re a
contribution to the Hampton Roads Military and Federal Facilities
Alliance.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
1
2
3
4
5
6
7
8
AN ORDINANCE TRANSFERRING $43,400 FROM
RESERVE FOR CONTINGENCIES TO THE
REGIONAL PARTICIPATION FY 2005-06
OPERATING BUDGET FOR THE PURPOSE OF
PROVIDING A CONTRIBUTION TO THE HAMPTON
ROADS MILITARY AND FEDERAL FACILITIES
ALLIANCE
9
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
1)
That the City Council supports the role of the Hampton
12 Roads Military and Federal Facilities Alliance.
13
2 )
That $43,400 1S hereby transferred from Reserve for
14 Contingencies to the Regional Participation FY 2005-06 Operating
15 Budget for the purpose of providing a contribution to the
16 Hampton Road Military and Federal Facilities Alliance.
17
Adopted by the Council of the City of Virginia Beach,
18 Virginia on the
14th day 0 f P1arch
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
])~ 13~ 4 LCJl
Management Services
JWw.U r
City Attorney' Off1ce
CA9940
H:\PA\GG\OrdRes\HR Alliance ORD
R-1
March 9, 2006
March 3, 2006
,I L:,
j!
r'
1..) U
Memorandum #2006-40
I
,
TO: Hampton Roads Military and Federal Facilities Allia~ce
L
6 "r1:~..:'
'J LV"J
'} -,
t,' f
BY: Arthur L. Collins, Secretary
RE: Funding for the Military and Federal Facilities Alliance
The contract with Akin Gump/Hyjek and Fix has been signed and work by the consultant
on the development of a Strategic Plan that will assist in setting the Alliance's priorities
is about to begin. As agreed to at the organizational meeting on February 24th, funding
will be through local contributions at $0.40 per capita from participating jurisdictions.
Attached is the funding amount due from each participating jurisdictions for the
remainder of FY 2006, and for your individual budgeting purposes, the amount for FY
2007.
All checks should be made payable to the Hampton Roads Military and Federal
Facilities Alliance and sent to the attention of the Alliance Treasurer, Dana Dickens, at
the Hampton Roads Partnership, 430 World Trade Center, Norfolk, VA 23510.
-
If you have any questions, please feel free to give me a call.
ALC/kp
Attachment
Copy: Hampton Roads Chief Administrative Officers
Hampton Roads Military and Federal Facilities Alliance
Dalton S. Edge, City of Chesapeake
James P. Councill, III, City of Franklin
Ross A. Kearney II, City of Hampton
Thomas J. Wright, III, Isle of Wight
Bruce C. Goodson, James City County
Joe S. Frank, City of Newport News
Paul D. Fraim, City of Norfolk
Gordon C. Helsel, City of Poquoson
James W. Holley III, City of Portsmouth
Bobby L. Ralph, City of Suffolk
Meyera E. Oberndorf, City of Virginia Beach
Jeanne Zeidler, City of Williamsburg
Walter C. Zaremba, York County
E. Dana Dickens III, Hampton Roads Partnership
c/o Hampton Roads Planning District Commission
723 Woodlake Drive . Chesapeake, Virginia 23320 . (757) 420-8300 . Fax (757) 523-4881
Page 2
March 3, 2006
Local Funding for
Military & Federal Facilities Alliance
Jurisdiction Population FY '071 Remainder FY '062
Isle of Wight 31,600 $ 12,640 $ 3,160
James City 55,200 $ 22,080 $ 5,520
York 62,000 $ 24,800 $ 6,200
Chesapeake 210,600 $ 84,240 $ 21,060
Franklin 8,300 $ 3,320 $ 830
Hampton 144,400 $ 57,760 $ 14,440
Newport News 182,000 $ 72,800 $ 18,200
Norfolk 235,200 $ 94,080 $ 23,520
Poquoson 11,700 $ 4,680 $ 1,170
Portsmouth 98,200 $ 39,280 $ 9,820
Suffolk 76,100 $ 30,440 $ 7,610
Virginia Beach 434,000 $ 173,600 $ 43,400
WilliamsburQ 13,400 $ 5,360 $ 1,340
TOTAL 1,562,700 $ 625,080 $ 156,270
1 @ $0.40 per capita
2 March 2006 - June 2006 (FY '07 divided by remaining 4 months in FY '06)
- 25 -
Item v.K. 5.
RESOLUTIONS/ORDINANCES
ITEM # 55015
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AMEND the Airport Noise Attenuation and Safety
Ordinance incorporating provisions of Virginia Code requiring certain
disclosures in sales and rentals of real estate
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14,2006
1 AN ORDINANCE TO AMEND AND REORDAIN THE
2 AIRPORT NOISE ATTENUATION AND SAFETY
3 ORDINANCE (APPENDIX I) BY INCORPORATING THE
4 PROVISIONS OF THE VIRGINIA CODE REQUIRING
5 CERTAIN DISCLOSURES IN SALES AND RENTALS OF
6 REAL ESTATE
7
8 Section Amended: Section 10
9 Section Added: Section 9
10
11
12 BE IT ORDAINED BY THE CITY COUNCIL GF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That the Airport Noise Attenuation and Safety Ordinance of
15 the City of Virginia Beach (City Code Appendix I) is hereby
16 amended and reordained by the addition of a new Section 9 and
17 the amendment of Section 10, to read as follows:
18
19
20
21
22
23
24
25
26
27
28
APPENDIX I. AIRPORT NOISE ATTENUATION AND
ORDINANCE
SAFETY
Sec. 9.
Required disclosures in certain
transactions.
real
property
(a) The provisions of Virginia Residential
Property
29 Disclosure Act (Virginia Code Sections 55-517 thr. -525), as
30 applicable to required disclosures regarding real property in
31 localities in which a military air installation is located, are
32 hereby incorporated by reference.
33
(b)
The provisions of Virginia Code Section 55-248.12: I,
34 pertaining to required disclosures in rentals of residential
35 property in localities in which a military air installation is
36 located, are hereby incorporated by reference.
37
(c) Any person who fails to provide the disclosure
38 required by this section shall be subject to the remedies
39 provided in Virginia Code Section 55-524 or 55-248.12:1, as the
40 case may be.
41
42 See. 10. Violations.
43
Except as provided in Section 9 of this ordinance:
44
(a) A violation of any of the provisions of this ordinance
45 shall be a misdemeanor punishable as set forth in the Virginia
46 Uniform Statewide Building Code, Volume I.
47
(b) In addition to, and not in lieu of, the penalties
48 prescribed in subsection (a) hereof, the city may apply to the
49 circuit court of the City of Virginia Beach for an inj unction
50 against the continuing violation of any of the provisions of
51 this ordinance and may seek any other remedy authorized by law.
52
(c) Upon notice from the permits and inspections division
53 that any construction or other activity is being conducted in
54 violation of the provisions of this ordinance, such construction
55 or other activity shall be immediately stopped. An order to stop
56 work shall be in writing and shall state the nature of the
57 violation and the conditions under which the construction or
58 other activity may be resumed. No such order shall be effective
2
59 until it shall have been tendered to the owner of the property
60 upon which the construction or other activity is conducted or
61 his agent or to any person conducting such construction or other
62 activity. Any person who shall continue an activity ordered to
63 be stopped, shall be guilty of a violation of this ordinance.
64
Adopted by the Council of the City of Virginia Beach,
65 Virginia, on the 14th day of March, 2006.
3
Item V-KlL.
PLANNING
NO - ACTION
1. BELLAMY ASSOCIATES, L.c.
2. CITY ZONING ORDINANCE
PLANNING
1. BENJAMIN J. WILLIS, III
2. JESSUP CONSTRUCTION, L.L.C.
3. RICHARD AND LOVIE FORTUNE
4. SUNSTATIONS REALTY, L.L.c.
5. M.B.B., INC.
6. CITY OF VIRGINIA BEACH
- 26 -
ITEM # 55016
CONDITIONAL CHANGE OF ZONING
AMEND SECTION 502
Re front yard setbacks
VARIANCE
VARIANCE
MOBILE HOME
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
AMEND 99501,901, and 1001 of the
City Zoning Ordinance re rear yard
setbacks for swimming pools and
accessory uses.
March 14, 2006
Item v.K.1.
PLANNING
- 27 -
ITEM # 55017
NO ACTION ITEMS
City Council took NO ACTION:
Application of BELLAMY ASSOCIA TES, L. C. for a Chanze of Zoninz
District Classification from R-7.5 Residential District to Conditional A-
18 Apartment District for multi-family dwellings at 4416 Princess Anne
Road. The Comprehensive Plan designates this site as being within the
Primary Residential Area. (DISTRICT 2 - KEMPSVILLE)
This item was incorrectlv advertised for Februarv 28 and March Ilh;
therefore, it must be shown on this Azenda; however, on Februarv 28th,
Citv Council DEFERRED CONSIDERATION INDEFINITELY;
therefore NO ACTION IS NECESSARY this date.
March 14, 2006
- 28 -
Item v'K.2.
PLANNING
ITEM # 55018
NO ACTION ITEMS
City Council took NO ACTION:
Ordinance to AMEND Section 502 of the City Zoning Ordinances
(CZO) re front yard setbacks for lots fronting on the east side of
Sandfiddler Road.
This item was incorrectlv advertised and could not be heard as advertised.
March 14, 2006
- 29-
Item v.L.
PLANNING
ITEM # 55019
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1, 2, 3 (WITHDRAWN), 4, 5 and 6 of the PLANNING BY CONSENT AGENDA.
Item 3 was WITHRAWN, BY CONSENT
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 30 -
Item v.L.I.
PLANNING
ITEM # 55020
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED a
Variance re lot size to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirement of the City Zoning Ordinance (CZO) for BENJAMIN J. WILLIS, III, to create two (2)-
single family lots.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Benjamin J.
Willis, III Property is located at 404 54th Street (DISTRICT 5 -
LYNNHA VEN)
The following conditions shall be required:
1. Each lot (Lots N-1 and N-2) shall be developed only for single-family dwellings
2. The homes to be constructed shall substantially adhere to the submitted
architectural elevations
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 31 -
Item v'L.2.
PLANNING
ITEM # 55021
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED a
Variance re lot width to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirement of the City Zoning Ordinance (CZO) for JESSUP CONSTRUCTION, L.L.C. to create two
(2)- single family lots.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Jessup
Construction, L.L.c. Property is located at 956 Hurds Road (GPIN
14982109860000). DISTRICT 5 -LYNNHAVEN
The following conditions shall be required:
1.
The subdivision of the property and the final subdivision plat shall substantially adhere
to the submitted plan, entitled "Preliminary Subdivision Site C McNeil's Cove, " prepared
by Bonifant Land Surveyors, dated November 18, 2005. Said plan has been exhibited to
the City Council and is on file in the Planning Department.
2.
A pre-construction meeting shall be convened and all land disturbing activities shall be
coordinated with both the Civil Inspections Division (757-385-4558) and the Pollution
Response Program (PREP) Coordinator of the Tidewater Regional Office of the
Department of Environmental Quality (757-518-2000) prior to any land disturbance,
inclusive of demolition of existing structures.
3.
All conditions of the Chesapeake Bay Preservation Area Board's approval, dated
December 22,2005, shall also be conditions of approval of this Subdivision Variance.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 32 -
Item V.L.3.
PLANNING
ITEM # 55022
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ALLOWED
WITHDRAWAL of the Application of RICHARD and LOVIE FORTUNE to place a mobile home on
their property to provide a residence for a relative.
Application of Richard and Lovie Fortune to place a doublewide mobile
home on their property to provide a residence for a relative. The
property is located at 3892 Charity Neck Road (GPIN 2411-76-8775-
0000). Said parcel contains 16.7 acres
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
Mc Clan an, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 33 -
Item V.L.4.
PLANNING
ITEM # 55023
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application ofSUNSATIONS REALTY, L.L.Cfor a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF SUNSATIONS REALTY,
L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 TO CONDITIONAL 1-1 Z03061243
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Sunsations Realty, L.L. C. for a Chanf!e of
Zoninf! District Classification from B-2 Community Business District to
Conditional 1-1 Light Industrial District on property located on the east
side of Village Road, 287.7 feet north of Virginia Beach Boulevard
(GPINs 2407561434 - portion of; 24074696030000). The
Comprehensive Plan designates this site as being within the Primary
Residential Area. The purpose of this rezoning is to develop an
office/warehouse on the site.
DISTRICT 6 - BEACH
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
I n Reply Refer To Our File No. DF-6342
DATE: March 2, 2006
FROM:
Leslie L. Lilley .. ~
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Sunsations Realty, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on March 14, 2006. I have reviewed the subject proffer agreement, dated
November 1, 2005, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
Prepared By/Return To Troutman Sanders LLP
AGREEMENT
THIS AGREEMENT is made this 1st day of November, 2005, by and among
CATALDO INDUSTRIES II. L.L.C., a Virginia limited liability company ("Owner" to be
indexed as a grantor), SUNSATIONS REALTY. L.L.C., a Virginia limited liability company
("Sunsations" to be indexed as a grantor, and together with Owner shall herein be referred to as
"Graritors"), and the CITY OF VIRGINIA BEACH; a municipal corporation of the
Commonwealth of Virginia ("Grantee").
WIT N E SSE T H:
WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the existing
zoning classification from B-2 to I-I Conditional on certain property containing a total of
approximately 1.794 acres, more or less, located along Village Road in the Beach District of the
City of Virginia Beach, Virginia, which property is more particularly described in the attached
Exhibit A (hereinafter the "Property"); and
WHEREAS, Owner is the owner of the Property, and Sunsations IS the contract-
purchaser of the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the 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 1-1 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
GPIN Numbers 2407-56-1632 and 2407-56-1751
Page 1
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing I-I zoning district by the
existing City's Zoning Ordinance ("CZO"), 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 new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning ~d the need for which is generated by the rezoning; and.
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, 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 of Quid pro QUO
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
Page 2
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Property shall be developed in substantial conformance with
sheet S-2 of the "Site Study for Sunsations Realty LLC" dated October 27, 2005, prepared by
Robert Yoder Architectural Exclusives, a copy of which is on file with the Planning Department
and has been exhibited to the City Council (the "Conceptual Plan").
2. When developed, the building constructed upon the Property shall be constructed
m substantial conformance with the architectural renderings shown on Sheet S-l of the
Conceptual Plan. Grantor shall use building colors submitted to and approved by the Planning
Director or his designee.
3. When developed, landscaping shall be installed in substantial conformance with
the landscaping shown on the Conceptual Plan.
4. When developed, site lighting shall be installed on the Property using bollard
lights or lights intended to prevent light seepage onto adjacent properties zoned A-12. Prior to
final site plan approval, Grantor shall prepare and submit a lighting plan to be approved by the
Planning Director or his designee.
5. When developed, Grantor shall limit deliveries by truck to between the hours of
7:30 AM and 6:30 PM.
6. When developed, a monument SIgn shall be constructed upon a base, usmg
materials similar to those used for the building fa<;ade shown on the Conceptual Plan. Grantor
shall limit the height of the sign to no greater than eight (8) feet.
7. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
Page 3
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
8. When developed, Grantor shall utilize split-face block, brick or fiber-cement
panels along the lower portions of the exterior walls of the building shown on the architectural
renderings referenced above, at a height of between two and three feet above grade level.
All references hereinabove to zoning districts and to r~gulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
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,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and 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 that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
This Agreement may be signed in one or more counterparts which, upon execution by all
the parties, shall constitute a single agreement.
Page 4
1~/31/2005 10:34
75752313135
RIDDLE ASSOCIATES
PAGE 18
IN WITNESS WHEREOF. the foregoing Agreement is executed by the parties of the date
first written above.
GRANTORS:
CATALDO INDUSTRIES n. LL.C.
a Virginia limited liability company
Br.O~fLC ~
COMMONWBAL11f OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit:
'5f
(" _:JlJC fon:guing insbunicnt was 1ICknQw~ befclIe me IbiA 3t day of
_LaQ}2.e-- .2005. by C~ ""~-l\~ t-., (D-~C . pcnoD8lly Imow1I to
me to be MMA&\ .u(~ P A-iLl,IJl::.t- of Cataldo Industries JL L.LC., a Vh:ginia limited
liability company.
My CommisslOlll!xpitoa:~
PapS
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
/vl~ foregoing.. ..ins.trum.' ..ent was
VI r, 2005, by YtJr/h1
me to be
liability company.
My Commission Expires:~
VB300595v2
SUNSATIONS REALTY, L.L.e.
a Virginia limited liability.company
By: ~>
/'
~
./;;y-" -
'~l<nowle<:J.ge~ before me this ~. 8. .fh.da.y O..f
Oibr!!l-a ' personally known to
of ..' ..aliens Realty, L.L.C.,a Virginia limited
(~.
N taryPubHc
Page 6
Exhibit A
Legal Description
AIL THAT certain lot, piece or parcel of land, with the improvements and
buildings thereon, situate, lying and being in the City of Virginia Beach, Virginia,
and being known, numbered and designated as Parcel 2A and 3A, as shown on
that certain plat entitled "RESUBDMSION OF LOT 27, 28, 29, 30 & 31
MAXEY MANOR (M.B. 80, P. 16)" made by Kellam Gerwitz, Engineering-
Surveying-Planning dated October 4, 2005, which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the
"Clerk's Office"), as Instrument Number 20051228002069380.
IT BEING a portion of the same property conveyed to Cataldo Industries IT,
L.L.C., a Virginia limited liability company, by deed from Regent International
Corporation, a Virginia corporation, dated August 16, 2005, and recorded in the
Clerk's Office as Instrument Number 200509090144606.
Page 7
- 34-
Item V.L.5.
PLANNING
ITEM # 55024
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an
Ordinance upon application of M.B.B., INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF M.B.B., INC. FOR A
CONDITIONAL USE PERMIT FOR MINI- WAREHOUSES R030634149
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of M.B.B., Inc. for a Conditional Use
Permit for mini-warehouses on property located on the northeast corner
of Diamond Springs Road and Haden Road (GPIN 14691655890000).
DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. When the property is developed, it shall be developed substantially in conformance with
the concept plan entitled, "CONDITIONAL USE PERMIT for Diamond Springs Road
Self Storage," dated 11/22/05, prepared by Kellam Gerwitz Engineering, Surveying,
Planning.
2. There shall be a one-way movement of vehicular ingress/egress with entrance located at
the easternmost ingress/egress as depicted on the plan identified above in Condition 1.
Appropriate signage shall be installed to reflect this requirement.
3. The building shall be constructed as depicted in conformance and with the exterior
building materials depicted on the elevations entitled, "South Elevation, East Elevation,
and North Elevation, " dated January 25, 2006.
4. The existing two (2) billboards on the site shall be removed prior to the approval of the
final site plan.
5. In addition to the required Category IV Landscape Buffer required adjacent to the
residential zoning to the East, a solid privacy fence, minimum height of six (6) feet in
height, shall be installed along the eastern property line, beginning at the 35-foot setback
and running north the length of the property.
6. Category IV landscaping shall be installed immediately adjacent to and run the entire
length of the western facade facing Diamond Springs Road.
7. No lighting will be permitted along the East side of the proposed building. All outdoor
lighting located elsewhere on the site shall be shielded to direct light and glare onto the
premises. Said lighting and glare shall be deflected, shaded and focused away from
adjoining property. Any outdoor lighting fixtures shall be erected no higher than fourteen
(14) feet.
8. The applicant shall provide a photometric plan for review and approval by City Staff. All
lighting on the site shall be consistent with the standards recommended by the
Illuminating Engineering Society of North America.
9. There shall be no parking spaces within seventy-five (75) feet of the eastern property line.
March 14, 2006
- 35 -
Item v'L.5.
PLANNING
ITEM # 55024 (Continued)
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 36 -
Item v'L.6.
PLANNING
ITEM # 55025
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to AMEND 99111, 201 and 502 of the City Zoning
Ordinance (CZO) re rear yard setbacks for swimming pools and
accessory structures on through lots.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
1
2
3
4
AN ORDINANCE TO AMEND SECTIONS 111, 201 AND
502 OF THE CITY ZONING ORDINANCE PERTAINING TO
REAR YARD SETBACK REQUIREMENTS FOR SWIMMING
POOLS AND ACCESSORY STRUCTURES ON THROUGH LOTS
5
SECTION AMENDED: CZO 111, 201 & 502
6
WHEREAS, the public necessity, convenience, general welfare
7
and good zoning practice so require;
8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
10
That Sections 111, 201 and 502 of the City Zoning Ordinance
11
are hereby amended and reordained, to read as follows:
12
ARTICLE 1. GENERAL PROVISIONS
13
Sec. 111. Definitions.
14
15
Lot, Through. Any lot other than a corner lot that has
16 frontage on more than one street or private road.
17
18 ARTICLE 2: GENERAL REQUIREMENTS
19 AND PROCEDURES APPLICABLE TO ALL DISTRICTS
20 Sec. 201. Yards.
21
(a) General. All required yards shall be unobstructed by any
22 structure or other improvement which exceeds sixteen (16) inches in
23 height as measured from ground elevation; provided, however, the
24 following improvements may be located in a yard:
25
(1) In-ground swimming pools, jacuzzis, hot tubs or similar
26 structures may extend to within five (5) feet of any side or rear
27 property line, provided however, that no in-ground swimming pool,
28 jacuzzis, hot tubs or similar structures shall extend into any
29 required yard adjacent to a street7, except that swimming pools,
30 jacuzzis, hot tubs or similar structures may be located no closer
31 than twenty (20) feet to any property line to the rear of any
32 principal structure on a through lot.
33
34
ARTICLE 5. RESIDENTIAL USES
35 Sec. 502. Dimensional requirements.
36 The following chart lists the requirements within the R-40 through
37 R-58 Residential Districts for minimum lot area, width, yard
38 spacing and maximum lot coverage for single-family dwellings.
39 (a) For single-family dwellings:
40
Residential Districts
41
R-40
R-30
R-20
R-1S
R-10
R-7.S
R-SD
R-SR
R-SS
42
. . . .
43 (11.1)
44 Minimum
45 setback on
46 through lots
47 for
48 accessory
49 structures
50 that are
51 physically
52 located to
53 the rear of
54 the
55 principal
56 structure in
57 feet. 20
20
20
20
20
20
20
20
20
58
59
Adopted by the City Council of the City of Virginia Beach,
60
Virginia, on this 14th day of March, 2006.
CA-9286
OID/orders/proposed/czo502ord.doc
R6
July 7, 2005
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
- 37 -
Item V-M.l.
APPOINTMENTS
ITEM # 55026
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
March 14, 2006
- 38 -
Item V-M.2.
APPOINTMENTS
ITEM # 55027
Upon NOMINATION by Councilman Maddox, City Council APPOINTED:
Cathy Sprouse
(representing Town Center)
ADVERTISING ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 39 -
Item V-M.3.
APPOINTMENTS
ITEM # 55028
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
Fred G. Adams
Janet Werndli
3-year terms
07/02/2006 - 06/30/2009
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 40-
Item V-M.4.
APPOINTMENTS
ITEM # 55029
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Arthur Webb
Unexpired thru 12/31/2007
RESORT ADVISORY COMMISSION (RAC)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
- 41 -
Item V-No
ADJOURNMENT
ITEM # 55030
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:15 P.M.
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Beverly fJ. Hooks, CMC
Chief Deputy City Clerk
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
March 14, 2006