FEBRUARY 25, 2003 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CIn COUNCIL
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CITY COUNCIL AGENDA
JA4 IEN R �P 7RL C in ifarra r
LESLIE L LILI Er C w!Ionic �
R { TH HODGL'N � 1 ff TH 1 A fC C in C IL rk
I CITY MANAGER"S BRIEFINGS
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25 February 2003
VIRGIN -LA MARINE scEENCE MvsuEM
MS Lynn Clements, Director -VMSM
.E ESTATE ASSESSMENTS
T ral l Ba a an, City Assessor
(M HILL Bt ILDj � G 1
P IRGI 14 BEA CH I IRGIl 14 - 3456 300.5
PHo VE (,f 5 ') 4 4303
F41 (7 ') 426 -)69
E VA IL Co cncI vbgov corn
-Conference Room - 2 30 PM
HUMAN SERVICES PLAN
Andrew Fnedman, Director Housing and Neighborhood Preservation
II REVIEW OF AGENDA ITEMS
III CITY COUNCIL COMMENTS
i t INFORMAL AL SESSION
A CALL TO ORDER - Mayor Myra E Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO CLOSED SESSION
L CERTIFICATION OF CLOSED SESSION
- Conference Room - 5 00 PM
CITY COUNCIL INFORMAL DISCUSSION
M
11 V1 FORMAL SESSION
A CALL To ORDER - Mayor Me rera E Oberndorf~
- Council Chamber - 6 00 PM
INVOCATION Rei, erend Tim valentine
Pastor, Colonial Baptist Church of O e na
C FLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COU 1CIL
E MINUTES
1 INFORMAL AND FORMAL SESSIONS February 11, 2003
F AGENDA FOR FORMAL SESSION
CONSENT AGENDA
H ORDINANCESIRESOLUTIONS,
I Ordinances to AMEND City Code
a § 6 112 2. and 6 -114 re DESIGNATION o f charnel at Lynnhai.en Basra Broad
Bay and lr rr , and RESTRICTIONS on launching landing parking or
stationing of recreational vessels in certain areas
b § 1 -1 and 10 -2 re DEFINITIONS and permit required for Emergency Medical
Services (EMS)
c § 12-49 re to REDUCE fire permit and inspection fees for small facilities and
AUTffORIZE fee waivers for permit required for City Contracts
2 Resolution REQUESTING the Goternor to Declare the Cary a PremarN Disaster Area
a re drought damage to the City s Corn crop
b re excessive rainfall damage to the City s wheat crop
� Resolution to ACCEPT the Transition Area Technical Advisory Committee, (TATAQ
report designating the recommendatsans as INTERIM GUIDELINES for the
interpretation of and application to the Comprehensive Plan
Ordinance to recognize the Development ent Authority's expanded tax base and restructure
their outstanding obligation f 7,491,46 extinguishing the 1,2 interest
separate the principal bal nec into two notes payable to the City, and, AUTHORIZE the
City Manager to execute the appropriate documents for non -interest bearing notes
effective March , 2002
Ordinance to AUTHORIZE City Manager
a To execute Amendatory project documents re Junior Golf .4cademti at TPC Golf
Course, First Tee
b To execute Mutual Aid Agreements re Emergence Medical Sej-vices (EMS) wrth the
Cities of Chesapeake and Norfolk
Resolutions refernng Ordinances with proposed amendments to the Planning Commission
for re onuriendations
a § 1 -1 8, 22 1, 1405, 1605 of the City Zoning Ordinance (CZO) re written notice
and posting of signs for re4zoning and other applications
b § 901 of the City Zoning Ordinance (CZO)re allowing Public or PrivateColleges
r Univ rsr r s as permitt rincipal uses 1n the - , - , B-3 A and B -4 Business
Districts
7 Ordinances to AUTHORIZE tenippran encroachments into City -owned properties
JULIO and DE13BIE CABRAL re constructing and maintaining a prn ate pier
into Bass Inlet East at 2845 Sandpiper Road
(DISTRICT 7 - PRINCESS ANNE)
b G S T EXPEMPTION TRUST re constructing and maintaining a private pier Irft
and ramp into Lake Joyce at 4469 Blackbeard Road
(DISTRICT 1 - CENTERVILLE)
c MICHAEL T and PATRICIA B DUNHAM re constructing and maintaining a
private pier and lift into Crab Creed at 2075 Tazewell Road
(DISTRICT 4 - BAYSIDE)
d MICHAEL and LUCILLE BROWN re constructing and maintaining a brick
patio chrmnei concrete blockhvood fence and shed at 4500 Pleasure Avenue
(DISTRICT 4 - BAYSIDE)
8 Ord:nance to ACCEPT and APPROPRIATE $51, 00 in recovered expense re a Cons umer
Affairs case settlement to the Commonwealth Attornei s Office to replace lost State
rep en ue
Ordinance to ACCEPT and APPROPRIATE $20,000 from the Fedey al Emergency
Management Agenc F MA. to Fire Depat tment s FY 2002-03 Operating Budget t
recover expense of a City Employee deplored to assist the Columbia incident support
team
10 Ordinance to ACCEPT and APPROPRIATE an $8,932 Grant from the Criminal Justice
Services re contractual clerical support for the Police Domestic Iliolence Unit
Ordinance to APPROPRIATE , 31 from the Tourism Advertisingprogram fund t
the FY 02-03 Operating Budget of Con ventzon and isito? Development for expanding
their advertising programs and certain capital improvements at the Visit r Informatlon
Center
12 Ordinance to TRAN SF R S 18 8,500 from CDB G Reserves to the FY 20 02-09 O ei atzng
Budget of Housing and Neighborhood Preservation for the Neicyhborhood Revitalization
Strategy Area RSA HUD Plan and AUTHORJZE the Ciq Manager to execute
contract with CARE, Inc
J PL A-NNI I
Ilariance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) for Steve BishardBishard
Development Corp at Nortb Lynnliaven Road and Mayfair Court (541 North Lvnnhaven
Road) containing 2 acres
(DISTRICT 5 - LYNNHAVEN)
Recommendation APPROVAL
2 Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the Citv Zoning Ordinance (CZO) for Commonwealth
Custom Home Builders, Inc at Little Lake Driveand Little Lake Court (1101 Five Pont
Road)
(DIS TFJCT 5 - LYNNHAIv EN)
Recommendation APPROVAL
Application of S & R Properties, L L C for a Modification a Conditional Else Permit r
a bincro hall (approved by City Council on January, 1999), at Cleveland Street, and
Aragon Boulevard 4933 C I ex eland Street), containing 4 8 1 acres
(DISTRICT 2 - KEMPSVILL.F
Recommendation APPROVAL VAL,
Application of Jack Rabbit Self-Storage/College Park, L L C for a M di iea ion
Con ditz onal Use Permit re mini -warehouse fa iIit r ppro ed b y City Council on September
, 1 at Providence Road and Woodstock Road (5950 Providence Road), containing 4 39
acre
(DISTRICT 2 - KE PSVILLE
Recommendation APPROVAL
Application of Eucell Facen for a ConditionalPermit re buLk sto-rayze, auto,sty and
contractor" s storage yard at Virginia Beach Boulevard and First Colonial Road 17 5 2 V irginl
Beach Boulevard), containing 15,103 square feet
(DISTRICT 6 - BEACH)
Applicant Requests TNDEF MIT DEFERRAL
6 Application of Graham's Custom B dv Shop & Towing, L L C for a Cori a Ional Use
Permit re bulk storage and expansion of the bodv shop at Jensen Dnve and South Birdneck
Road 0 121 Jensen Dave), containing 1 567 acre
(DISTRICT 6 - BEACH)
Recommendation APPROVAL
7 Application afJBA Two, L L C for a Conditional Use Permit re motor vehicle sales at Shore
Dn�e and Pleasure House Road (4740 Shore Drive), containing 24 785 64 square feet
(DISTRICT 4 -BAD SIDE)
Recommendation APPROVAL
8 Application of Reed Enterprises, Inc for a Conditional Use Permit re gasoline sales in
conjunction with a conventence store at Holland Road and Chimney Hill Parkway (985
Chimney Hill Parkway), containing 31 755 square feet
(DISTRICT 3 -ROSE HALL)
Recommendation APPR V AL
K APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MISSIO
MINORITYMINORJTY BUSINESS COUNCIL
THE PLANNNG COUNCIL
UNF7NISHED BUSINESS
M NEIN BUSINESS
N J RNM 1 1
If } ou are phi sicalli dxsabled or % i uafl% impaired
and need assistance at this meeting
please call the CITY CLERK S OFFICE at 4274303
Rearing impaired call TIT only 4 7-430
(TDD Telephonic Device for the Deaf)
Agenda 2/2'q'03rbIb
N boi cm
17 INFORMAL SESSION -- Conference Room - 5 oo PM
CALL TO ORDER- Mayor Meyera E Obemdorf
ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
D CERTIFICATION OF CLOSED SESSION
V CITY COUNCIL INFORMAL DISCUSSION
o PM
����rl�t�iaarn
CERTIFICATION CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
VHREAS The Virginia Beach City Council convened into CLOSED SESSION
pursuant to the affirmative vote recorded here and in accordance with the provisions ofThe
Virginia Freedom ofInf r ation Act, and
WHEREAS Section 2 2-3712 of the Code of Virginia requires a certification the
governing hods that such Closed Session was conducted in conformity with Virginia Lav,
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
la dull 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 ere identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council
VI FORaMAi, SESSION -Council Chamber - 6 00 PM �
A. C 4,-LL TO ORDER - Mayor Il evera E Oberndorf
INVOCATION ReN erend Tim Valentine
Paste-, Colonial Bapitist Church ofocean
PLEDGE of ALLEGIANCE TO THE FLAG of THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E MINUTES
1 INFORMAL AND FORMAL SESSIONS
F AGENDA FOR FORMAL SESSION
CONSENT AGENDA DA
February 11, 2003
ORDINANCES/RESOLUTIONS
Ordinances to AMEND City Code
a § 6-112 2 and 6-114 re DESIGNATION of channel at Linnhaven Basin Bioad
Kai, and Nar-r o s, and RESTRICTIONS on launching landing r ian or
stationing of recreational vessels in certain areas
b § 10 5-1 and 10 5-2 re DEFINITIONS and permit required for Emergency Medical
Services (EMS)
c § 12-49 re to REDUCE fire permit and inspection fees for small facilities and
ALTHORIZE fee waivers for permit required for City Contracts
2 Resolution REQUESTING the Governor to Declare the City a Pnmary Disaster Area
a re drought damage to the Cit 's Corn crop
re excessive rainfall damage to the City" s wheat crop
Resolution to ACCEPT the Transition Area Technical Advisory Committee, mittee, TATAC
report designating the recommendations as INTERIM GUIDELINES for the
interpretation of and application to the Comprehensive
Ordinance to recognize the Development Authority's expanded tax base and restructure
their outstanding obligation o $7,491468 by extinguishing the S 1 23 5 3 31 interest,
separate the principal balance into two notes payable to the City, and, AUTHORIZE the
City Manager to execute the appropriate documents for non -interest bearing notes
effective March 2, 202
Ordinance to AUTHORIZE City M n Eger
a To execute Amend ator project documents re Junior Golf A cademi at TPC Golf
Course, First Tee
b To execute Mutual Aid Agreements re Emergencilwfedtcal Services (EMS) with the
Cities of Chesapeake and Norfolk
6 Resolutions refemng Ordinanceswith proposed amendments to the Planning Commission
for recommendations
a § 106-1 t , 2217 1405, 1605 of the City Zor ng Ordinance CZ re wntten notice
and posting of signs for rezoning and other applications
b § 901 of the City Zoning Ordinance (CZO)re alloy% ing r or Private t Colleges
Of Universities as permitted rin i uses in the l - , - - A and B-4 Business
Distncts
7 Ordinances to AUTHORIZE x p ra cro ch ents into City -owned properties
a JITLIO and DEB BIE CASRAL re constfucftng and mwntain.ing a prrvale peer
Into Bass Inlet East at 2845 Sandpiper Road
(DISTRICT 7 - PRINCESS ANNE)
b GST EXPEMPTION TRUST re constructing and maintaining a prttiate pier lift
and ramp into Lake Joyce at 4469 Blackbeard Road
(DISTRICT 1 - CENTERVII.LE)
c MICH.AEL T and PATRICIA B DUNHAM re constructing and maintaining a
private pier and lift into Crab Creek at 2078 Tazewell Road
(DISTRICT 4 - BAYSIDE)
d MICHAEL and LUCILLE BROWN re constructing and maintaining a back
patio chrmne3 concrete blocl✓itood fence and shed at 4500 Pleasure Avenue
(DISTRICT 4 - BAl'SIDE)
S Ordinance to ACCEPT and APPROPRIATE $51, 00 in recovered expense re a Consumer
Affairs case settlement to the Commonwealth Attorney s Office to replace lost State
revenue
9 Ordinance to ACCEPT and APPROPRIATE $20,000 from the Federal Emergence
Management Ager:c►y (FEMA) to Fire Department s FY 2002-03 Operating Budget to
recover expense of a City Employee deployed to assist the Columbia incident support
team
10 Ordinance to 4 C PT and APPROPRI 4TE an $8,932 Grant from the Criminal Jusizee
'em zees re contractual clerical support for the Police Domestic Violence na
Ordinance to APPROPRIATE S 8 33,9 I from the To u risin A drernsig programer ftmd t
the 2 02-03 operating Budget of Convenrion and Pisitor Development for expanding
their advertising programs and certain capital improvements at the Visitor/Information
Center
12 Ordinance to TRANSFER S188,500 from CDBG Reserves to the FY 2002-09 Operating
Budget of Housing and Neighborhood Pzesen anon for the Neighborhood Revitalization
Strategy Area (NRSA) HUD Plan and AUTHORIZE the City Manager to execute a
contract with CARE Inc
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An ordinance to Amend and F eordain the Virginia Beach City Code Pertaining
to Designation of Channel for Vessels Transiting the Area of the Lynnhaven Basin,
Broad Bay and the Narrows, , and Restrictions on Launching Landing, Parking or
Stationing Recreational Vessels in Certain Areas
MEETING DATE February , 610003
■ Background
The construction of the new City Marina on the Lynnhaven Paver at Shore Drive has
created a problem with the narrowness of the channel that leads from the marina under the
Lerner Bridge to the Chesapeake Bay The channel is very narrow and vessels have been
landing and parking so that the channel is blocked
This amendment will establish this area as ar designated channel with appropriate
buoys and markings It will also allover the Police Department to ticket individuals who block the
channel, to allow the free flog of traffic into and out of the Marisa
E Public Information
Regular advertising
0 Recommendations
Approval of the attached ordinance
■ Attachments
Ordinance
Map
Picture
Recommended Action Approval
Submitting Department/Agency Police Department qo�Vo
City Manager
DatalATY/0rdinM0NC0DE/6 112 2 & 6 114 arf wpd
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE VIR INIA BEACH CITY CODE
PERTAINING TO DESIGNATION OF CHANNEL
FOR VESSELS TRANSITING THE RPEA OF
S THE LYNNHAEN BASIN, BROAD BAY AND
6 THE NARROWS, AND, RESTRICTIONS ON
LAUN HIN , LANDING, PARKING
STATIONINGR REATIO AL VESSELS IN
9 CERTAIN AREAS
10 SECTIONS AMENDED 6-112 2 & 6-11
11 BE IT ORDAINED BY THE COUNCIL F THE CITY OF VIRGINIA BEACH,
12 VIRINIA
1
14 That Sections 6-2.12 2 and -1I4 of the City Code, pertaining
15 to designation of channel for vessels transiting the area of the
16 Lynnhaven Basin, Broad Bay and The Narroas, and, Res1.--r3-ot:Lon n
17 launching, landing, parking or stationing recreational vessels in
i8 certain areas are hereby amended to read
19 Sec -112 2 Designatmon of channel for vessels transatxng to
20 area �o _ the Lvnnhaven Baser, Broad Bair and The
21 Narrows
2 a There is hereby established a channel for vessels
23 transiting between Long Creek Canal and the entrance to Lin h rn
24 Bay, through Broad Bay and The Narrows Such channel shall b
25 marked with appropriate markers and navigational aids conforming t
26 the reqULrements of the U S Coast Guard
27
28
transiting
There - -is_ hereby established a_ channel for
the Lvnrhaven Turning Basin and the Lynnhaven
vessels
Channel
29
The Lynnhaven Turnincr Baran j-s defined as that body
of water
30
bordered
on the north by tIe Lesner Bridge, them following south
1
along the
shoreline running from the southern edge of the
west end
32
of the
Lerner Bridge _to the entrance
of
Crab _Creeks _then running
33
alona a
line east f -rcrn CrabCreek -to
Loncr
Creek Charnel Marker` �
34
continuipq. east from ChannelMarker 2
to-
Long Creek _Channel Marker
35
{ then
bordered on the east by lane
from Long Cry
36
Channel
Marker 4 to the southern edale
_running _
of the east end of ,the Lerner
37 Bred e Such channel shall be marked with ro riate markers and
38 navivational aids conforming to the requirements of the [] S Coast
39 Guard
40 ) It shall be unlawful for any person to anchor, fish,
41 crab, swim, crr water sk-i or 3-n any way bstruct _ anv vessel.
42 trans itn in said charnel Powered vessels shall not operate in
43 said channel except as necessary to transit or cross same,
44 proceeding in accordance with the Inland Rules of the Road
45 No^fir �of t as . section shall be� deemed �to j a i-
46 fishing, crabbing, swimming or wading from the _ shorelines abut
47 the Lynnhaven nnel _ r the Lvnnhaven Turning Basin
48
49 This amendment rill d esignate a boat ehaunel from the never City 11 arina out to the Bay under
so the Lesner Bridge The Coast Guard has approved the Citv's placement of channel buoys
Sec 6-114 Restrxctions on launching, landmng, park2mg or
53 statxoning recre tmcnal vessels xn certain areas
54
�it
shall be
un I awful for
any person
to _launch,
land... 12ark
56
gr station a
sailboat,
motorboat,
motorized
12ersonal
watercraftf
2
7
canoe rowboat flatboat kayak, umiak scull or any other sima l.ar
8
recreational vessel on the beach area between the western end
of
9
the Lesner Bred ee ina southwest along
the shoreline of
the
60
.,contzn
L haven_ Turning Basin and then west to ,the
Lynnhaygn Boat Ramp
at
61
Crab Creek with the following ex ce ti ns
62
In an emergency, or
63
Withan ap2r ved race or re gatta
perm -it
6
{ h) Any ponce officer of the Ca-ty
of it ini-a Beach
is
65
hereby authorized to remove and impound
or have removed
and
66 ampounded any Gressel wha-ch appears to be i-n vaolataon of tha-s
67 secti-on or which i-s lost, stolen], abandoned or undo-imed In
68
aaditian to the
fine imposed for a violation
of this section, sucn
69
Gressel shall be
removed and impounded at the
owner's expense until
70 lawfully claimed or disposed of
71
(+-
Any person who shall violate any of the provisions of
72
this section shall be guilty of a
Class 4 misdemeanor
7
(-za)
If any person holding a
permit under this section has
74
three (
or more convictions, or
findings of not innocent i-n the
75
case of a
3uvenile, of i-olati-ng
this section or section 6-11
6 within the perms-t period, the city manager shall revoke that
77 person ' s permit That person shall not be elii-ble for another
78 permit for the same permit period
7 Any person who has j-) or more convictions, or
80 findings f not innocent in the case of a 3wrensale, of violating
3
81 this section cr section 6-115 within any two -wear period shall not
82 be issued a permit by the city manager under this section for the
83 next two ( years
84 COMMENT
There have been problems with boaters blocking the very narrow channel that allows access
86 to the new City Marina This 2mendment all ►%s the Police Department to issue tickets for such
87 obstruction
8 Adopted b tie Council of the City of Virglnl e -i,
89 Virginia, on the day of � �2003
90 ("P-8557 ordan /proposed -112 2 & 0 -114 ord
92 January 9, 2003
93 R
PPPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY '
Polc Depart ent cit
�y A torney's Office
4
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An ordinance to Amend the City code Pertaining to Definitions and Permit
Required for Emergency Medical Services
MEETING DATE February 25, 200
E Background The City of Virginia Beach prohibits any emergency medical services
agency from operating in the city without a permit These permits are issued by the
Department of Emergency [Medical Services upon the approval of City Council The
ordinance governing this process ,s based on language included in State code
Section 32 1 and Virginia Department of Health office of Emergency Medical
Services Regulations On January 1 2003, new regulations replaced requirements
promulgated in 1990 These new regulations revised the wording used in the old
regulations and updated definitions
■ Considerations Definitions currently used in Virginia Beach City Code § 10 5-1 no
longer match those of the Virginia Department of Health regulations The proposed
amendments will provide for language in the City Code that mirrors the language
of the State Code The proposed change will clearly specify the Cade is regulating
Emergency Medical Services vehicles Section 10 5-2(a) does not specify that the
vehicles regulated are those used for emergency medical services operations
Additionally, longstanding local permit requirements mandate that all agencies
including neighboring municipal emergency ambulance services, must apply for
permits to operate in Virginia Beach In effect the current ordinance requires them
to obtain a permit so they can respond to the City s request for assistance The
proposed amendment exempts municipal emergency medical service agencies
operating under the provision of a mutual aid agreement from obtaining such a
permit
0 Public Information To be advertised in the same manner as other items on
Council s agenda
■ Recommendations Approval
0 Attachments ordinance
Recommended Action Approval
Submitting Department/Agency EMSI��
City Manager S IZ., �Q �,
1J
F 1patalATYlOrdinINONCOD Elca8712 arF w pd
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO DEFINITIONS AND PERMIT RETIRED FOR
EMERGENCY MEDICAL SERVICES
4 SECTIONS AMENDED §§ 1 -1 and 10 5--2
IT RDAIh+ED BY THE CIT Z COUNCIL OF THE GIT f OF JIRGINIA
BEACH, VIRGINIA
7 That Sections 10 5-1 and 10 5-2 of the City Code are hereby
amended and reor hired to read as follows
Sec 1 -1 Defamitions
10 Agency means any person engaged in the basiness, service or
11 regular act a - it r, whether or not for prcf2-t, of transporting
12 persons who are sick, 1niur d, wounded or otherwise incapacitated
13 or helpless, or of rendering :Lame a to medical care to such
14 persons
15 Emergency medical service vehicle means any
W
qP
W W
W W
W
New
1
vehicle,
vessel, aircraft
20
or arnbulanoe that holds a valid emergency
medical
services vehicle
21
Tpermit issued by the Office of Emergency
Medical
Services that is
22
ecTu i imed,� aintained or opt ted to provide emer
encmedical care
.
or , t ar_s o t a-t low of p � Tents who are
sick, i iured, wounded or
24
otherwise incapacitated cr helpless
25
COMMENT
26 Amending §10 -1 changes the current definition of "'Emergency Medical Service Vehicle" so that it
27 mirrors the definition frond in the Code of Virginia
28
29 Sec 1 42 Permat required
30 a) In accordance with section 32 1--111 14 of the Code of
1 �/irginia, as amended, it shall be unlawful for any individual or
32 organization to operate an emergency medical services agency, or
33 any ernerqericy,meedical services vehicle in the city for emergency
34 transport purposes or nonemergency transport purposes, w3-thout
35 first being granted a permit to do so by the city council
36 COMMENT
37 Amending §10 5- a changes the reference from the old State Code section to the current
38 State Code section that gives the City the authority to require permits, and clearly specifies these
39 permits are required for emergency radii services vehicles
0
41 b The provi-sioris of subsection a) above shall not be
42 applicable to the department of emergency medical services, any
43 volunteer rescue squad formally recognized by such department as a
4 provider of emergency medical services within the city, any
45 _ government o erated emergency rneical services _ agency Rrovid
46 sere z e under the author -it f a m u l__ ld_ re meat w3- h the
47 off, or
any lifeguard
service operating
on the public beaches of
48 the city
pursuant to a
contract with the
city
49 COMMENT
50 Amending §10 5-2 (b) exempts government operated emergency medical services vehicles from
51 the permit requirement established in §10 5-2 (a)
52
53 adopted by the City Councii of t}'le C-ity of Virgin-ia Beach,
54 Virginia, on ',---his day of , 23
CA-8712
DATA CFDIN/PROPOSED 1 -1 and 1 5-2(a) ord2 pd
February 13, 2003
APPROVED AS TO CONTENTS
EmergencyAfedical Services
3
APPROVED AS TO LEGAL
SUFFICIENCY
JdA W/
Department of Law
0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Ordinance to Amend the City Code Pertaining to Fire Permit and Inspection
Fees to Reduce the Fees for small Facilities and Authorize Fee Waivers for Permits
Required for City Contracts
MEETING DATE February , 2003
i Background During the FY 2i 3 budget process City Code § 12-49 1 was
approved, which imposed new permit fees for the use, storage and handling of
certain hazardous materials and processes that create fire and life safety concerns
The requirement became effective January 1, 2003
i considerations Under the current ordinance, events held in fined facilities could
have a reaccurnng cost for identical events that require permits, since a fire
inspection (s part of the permitting process However, the coal of the existing
ordinance is to offset service cost by the Fire Department for inspections
reoccurring event that is properly inspected and approved is ,not normally in need
of an inspection prior to a reoccurring event in some circumstances This change
in the proposed ordinance will keep inspection fees down for small facilities
Another change will allow the City Manager or his designee to waive the permit fee
for specific events or incidents This waiver muss be filed with the Fire Department,
along with a copy of the contract between the City and the permit application that
provides for a mechanism to ensure the safety of the public
Public Information The item will be publicized through the advertisement of the
City Council s agenda
M Alternatives Leave the ordinance as is, which results in higher permit costs to
small facility operators and City contractors
i Recommendations Approval of the Ordinance
IN Attachments ordinance
Recommended Acton Approval
Submitting Department/Agency Fire Department
City Manager �� ?W'� fVoncode/permitfeearf wpd
1
2
4
5
6
12
14
15
1
17
1
l
1-10
21
22
2
24
25
2
27
28
AN ORDINANCE To AMEND THE CITY CODE
PERTAINING To FIRE PERMIT AND
INSPECTION FEES TO REDUCE THE FEES
FOR MAID � FA I L I" DES AND AUTHORIZE
FEE WAFTERS FOR PERMITS REQUIRED FOR
ITi CONTRACTS
SECTION AMENDED § 12-49 1
ICE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VI GINIA
BEACH, IINI
'ghat Sectior 12-49 1 of the Cole of the City of Virginia Beach
is hereby amended and ordained to read as follows
Sec 12 - 1 Fees fox RermIts and xnspectxons
Fees for permits or inspections required by this article or
the Virqinia Statewide Fire Prevention Code are hereby levied in
accordance with the following schedule
(a) Reinspection fee for ' second re -inspection and every
subsequent inspect., -op to demonstrate compliance with tie
Virginia Statewide Fire Prevention Code -- Twenty f 3-ve
dollars ( 25 0 )
(g) A sem ly or education occupancies
i) Annual permit fee for facilities with ���-- �
50 to 99 persons - Fifty dollars ( 50 00),
i-i-} Anneal permiLt fee for faoi-lit i-es with 100_
to 500 persons - One hundred dollars ( 100 00)t
iii) Ar nual p �m�t fee for f is]-l�ties
500 or more persons - one hundred f-ift y dollars
($15 ).
29 � iv) ABC inspection fee - Fifty doli-a 's ( 00),
30 ( Recalculation of occupancy Load fee - Fifty dollars
1 0 00,
32
33 The fees imposed uursuant to this section shall be used to
34 def ray the cost f enforcement and appeals under the Statewa-de r ire
3 Pre q nt i n Code The Citv Manaaer or his designee e may- waive any of
36 these _fees for Perm -its re �u, -red in the ex'f x'xna e_ tract
{ with tree City of Tvirq .nia Beach, _Tprovided that a written waiver is
38 Bled with the Fare De a tment alonu with a c=v of the contract
39
COMMENT
40 The change in section provides that no permit fee will be charged for small facilities The
41 change in the last sentence of the ordinance permits fees to be waived when the permit is required in
4 the performance of a City contract The permit and inspection are still required
43 Adopted by the City Council of the City of Virginia Beach,
4 argiria, can this � day o � � 11 20 :
CA-8703
RDIN PPOP SED 12-049 lord wpd
P-
a r{24, 2003
APPPOVED AS To CONTENT
402 -ivj:L
Fire Department
APPROVED AS TO LEGAL
SUFFICIENCY
Aej
city t ornyf Offs
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM A Resolution Requesting the Governor to Declare the City a Primary
Disaster Area by Reason of Drought Damage to the City's Corn Crop
MEETING G DATE February 25, 2003
0 Background
Drought conditions in 2002 caused significant damage to corn crops produced b
fanners in the city, resulting in an estimated reduction of corn grain yield from the
five - year average of 140 bushels of corm per acre to an estimated 90 bushels per
acre, a loss of % Recent legislation enacted by Congress has expanded the
opportunities for obtaining disaster relief assistance for affected farmers
■ Considerations
Tie pfoposed fesosutson requests the Governorto declare Vtrgmsa Beach a disaste:
area by reason of the drought damage to the City's com crop Such a declaration
would enable affected farmers to obtain federal disaster assistance from the United
States Department of Agncuiture
N Public Information
Advertisement will be as a normal agenda item
0 Alternatives
If the Resolution is not adopted, it is unlikely that the Governor would declare a
disaster, thereby jeopardizing the ability of affected farmers to obtain assistance
0 Recommendations
Adoption
■ Attachments
Leiter from Robert P Vaughan, President Virginia Beach Frain Bureau
Letter from Cal Schiemann Extension Agent, Agriculture & Natural Resources
Recommended Action Approval
Submitting Department/Agency Agriculture Department
City Manager Cr 4 v3'`I
FAA R
�-,IUKEAU' -
GI IA
WRGIHbk BEACH FARM BUREAU
105 I 'rjnce>s Anne Road Virginia Beat-h Virginia c-r r `a /) -115 e Fax ) 4 ') C rm j76kbvafb corn
Febrijary 7, 2003
Transmi1ted by Fax
a2s-sssa
Jack Whitney, Director
Department of Agnculture
Building 14 — Murnapal Center
Virginia Beach VA 23456
Dear Jack
The Virginia Beach Farm Bureau Board passed a resolution for disaster relief
assistance at As November 2002 board meetrng Since then we have been
alerted that a budget amendment on disa��ter declaration has passed both
houses of Congress and is presenty in conkrence commsttee, so time m of the
essence
By way of this letter, we are requesting that you move forward with emergency
presentation and passage for such disastet declarabon by the Virginia Beach
City Caunal as quickly as possible
I apologize for this late request and thank you in advance for your assistance in
this mai#er
Sincerely,
Robert P Vaug an, President
PV/lp
Pc Con rim n Edward Schrock
Fax -54
VUVM.a
rjUiTech
W
1kL I \ I A POLNTECH\IC INSTII L TE
-\\D STNTE L \I% ER51TY
irginia Cooperative Extenc..
Virginia 8c=t CXF=
2449 Prmccss Anne Road VA Beach 2345
Phone 7 7 274769 FAX 7 7426`5694
eschiema@ vbgov com
February 7. 200
Mr lack Whitney, Director
Vugmia Beach Department of Agriculture
2449 Princess Anne Road
Vugqrna Beach, VA 23456
Dear Jack
ri
1 IR I\I % TATE Lhis%>r RSITN
I recommend that Virgmia Beach City Council make a request to the Governor's Office
faragncnitural disaster declaration for the Cary, of Virgiwa Beach The timefrarne for
tins disaster began dunng the summer of 2002 and contmued throexgh the end of the year
The request for disaster declaration is made at this tune because there is a budget
amendment before the US Congress that will benefit our gam farmers The city must be
declared an agriculture disaster area for our farmers to qualify for these proposed
benefits Time is critical
Two different weather conditions caused these crop disasters Crops must have a
minimum 300/a crop loss to qualify for disaster area status
Corn Crop A drought began in June of 2002 and ended rn October, after the corn crop
was harvested 2002 average darn graiin yield for the city is estimated at 90 bushels per
acre across the estimated 6.,800 acres planted The city's 5-year corm- yield average isI40
bushels per mere National A ncultural Statistics Service, Jan 2 The 2002 corm crop
sufFered an estimated 36 per cent yield loss
Water Wheat Crop Excessive rainfall began m October prior to normal winter
wheat planting Fields quickly became too wet to plant wheat or harvest soybeans on
tune A few well -domed fields were planted dunng the normal nud October — early
December planting window Frequent and heavy rwn continued through the fall and
early venter Soybean harvest was severely delayed and very few crop acres were
planted in wheat dunng the normal planting wmdow The 5-year wheat average in
via Beach is 6,500 acres An estimated 2,500 acres were planted for the 0 -- 0 3
crop year seventy-five percent of these acres were planted after the recommend planting
date, and 0% of the seed rotted in the cold, wet soil and did not germinate In man
fields, much of the wheat has drowned For the seed that did g umte and survived, the
seedling plants are creak and immature and wall not produce a normal yield this sprang
The winter wheat crop loss in Virguna Beach will exceed 75 percent
wwwextvtedu
Extension is a jwnt program offirginia Tech Virginia State University the U S Department ofAgricukure and ,state and local goverrrments
VLr-inij C(x) rjiivt, EYc[Lnmon pro -rum-, inch t-inployinunt ire open to AI rL- irdle N k>I raLe �.olor reai�ion ex
JCS. XLtLran %t.itu-. wtiona I onm « dIN LhiIP1% or }x 111iwI ail tLIiation A n �.,qu it opportuni(y/ iI Girmarive ai-tion tmp]nvLr
Mr Jack Wbtney
Page
The fmiure of these crops meet the 30% threshold for re uestmg disaster declaration
according to the Umted States Department of Agneulture in VLrgima Beach, crop losses
were due to both excessive dry summer conditions and excessive late fall/early winter
rain Virguna Beach farmers affected by these pond ions will incur adverse financial
impacts A duster declaration from USDA will allow Virgima Beach farmers to he
eligible to participate m dxsastcr assistance progr-ams
Thank you for your attention to tlus matter and please contact me if can supply u-t er
uxformatioo
Sincerely,
Calves A Smann
Extension Agent, Agriculture & Natural Resources
I A RESOLUTION E UESTI T THE GOVERNOR
To DECLARE THE CITY A PRIMARY
3 DISASTER AREA BY REASON of DROUGHT
4 DAMAGE TO THE CITY;S CORN CROP
5 WHEREAS, the City of Virginia Beach experienced extreme
drought during the 2002 growing season, and
WHEREAS, such drought conditions caused significant
damage to corn crops produced by farmers in the City, resulting zn
an estimated reduction of corn grain yield from the fire - year
10 average of 140 bushels of corn per acre to an estimated 90 bushels
11 per acre, a loss of %, and
12 WHEREAS, as a result of the aforesa3-d crop losses,
13 Virginia Beach farmers have incurred, and will continue to incur,
14 significant adverse financial impacts, and
15 WHEREAS, Virginia Beach farmers are in need of federal
16 assistance in responding to their losses, and
17 WHEREAS, a declaration of disaster by the Governor would
18 allow Virginia Beach's farmers to be eligible to participate in
19 federal disaster assistance programs administered by the United
20 States Department of Agriculture (USDA),
1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY
2 OF VIRGINIA BEACH, VIRGINIA
23 That the City Council hereby respectfully requests the
24 Governor of the Commonwealth of Virginia to declare the City of
25 Virginia Bead a primary disaster area arising from damage to the
26 ity' s corn crop as a result of the extreme drought during the 2002
7 growing season, and that the Governor take such other and further
8 measures as he deems appropriate to request federal disaster
29 assistance for the City' s farmers
88 Adopted by the Council of the City of Virginia Beech,
31 Virginia, on the day of
CA-873
0DIN0NCDoornd1sasterrs wpd
-1
February 14, 2003
a, 2003
APPROVED AS TO CONTENT
Agriculture Departrne
APPROVED AS TO LEGAL
SUFF CIE CY
11)JA0 Alit of /J//p
D paftffint of Law
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM! A Resolution Requesting the Governor to Declare the City a Primary
Disaster Area by Reason of Damage to the City's wheat Crop Caused b
Excessive Rainfall
MEETING DATE February 25 23
■ Background
Excessive rainfall before and during the winter wheat growing season in 2002
caused signffr ant damage to wheat crops produced by farmers (n the Crty, resuItIng
in an estimated reduction of wheat grain yield from the five - year average of about
% Recent legislation enacted by Congress has expanded the opportunities for
obtaining disaster relief assistance for affected farmers
N Considerations
The proposed resolution requeststbe GovernortodeolareVirgti is Beach adisaster
area by reason of the damage to the Crty's wheat crop such a declaration would
enable affected farmers to obtain federal disaster assistance from the United states
Department of Agriculture
■ Public Information
Advertisement will be as a normal agenda ,tern
a Alternatives
If the Resolution is not adopted, it is unlikely that the Governor would declare a
disaster: thereby jeopardizing the ability of affected farmers to obtain assistance
0 Recommendations
Adoption of resolution
R Attachments
Letter from Robert P Vaughan, President Virginia Beach Farm Bureau
Letter from cal Schiemann Extension Agent Agriculture & Natural Resources
Recommended Action Approval
Suomi ing DepartmentJAgency Agriculture Department
City Manager )L-.,Z>rd
f-r " i but L- -iU
t- HAS NU ( (4 bwzo F- eb ( 11 ubpjm
VIDrZINIA BEACH FARM BUREAU
i vincins Anne Road * Virginia Be& h Vj(9j%ar 41,1 + ( `i /) 4 115 * Fax 75 ) 426 631, 3 E n 17 QNzfb coin
February ry . 2003
Tr nsm t#ed by Fax
2@,4
,hack Whitney, Director
Department of Aricufure
Building 14 — Municipal Center
Virginia Beach VA 23456
Dear Jack
The Virginia Beach Farm Bureau Board passed a resolution for disaster rEliet
assistance at its November 2002 board meeting Since then we have been
alerted that a budget amendment on disa�Aer declaration has passed both
houses of Congress and is presently in conference committee so time as of the
essence
By way of this letter we are requesting that you move forward mth emergency
presentation and passage for such disaster declaration by the Virginia Beach
City Council as quickly as possible
I apologize for this late request and thank you in advance for your assistance in
this matter
Sincerely,
Robert P Vaug an, President
p
Pfp
Congressman Edward Schrock
Fax 497-5474
r
vumio Tech
Virginia Cooperative Extension
W,
AND STATE L CAI% 1 RS1T)
Virginia Beach Office
2449 Pnn -ss Anne Road VA Reach 23456
Phone 757A27-47 FAX 7 7- 26- 4
cschierna@vbgo
February 7 2003
Mr Jack VvIntney Director
irgima Beach Department of Agriculture
2449 Princess Anne Road
Virgirna Beach, VA 23456
Dew ,hack
x
X �
x� V
1k INI 4 ';TATF L NI\ LR 1T)
I recommend that V ugima Beach City Council make a request to the Governor's Office
for agricultural disaster declaration for the City of Virgima Beach The timeframe for
this disaster began during the summer of 2002 and continued through the end of the year
The request for disaster declaration is made at this time because there is a budget
amendment before the US Congress that will benefit our grain farmers 1'!ie city must be
declared an agriculture disaster area for our farmers to qualify for these proposed
benefits Time is cnncal
Two drfterent weather conditions caused these crop disasters Crops must have a
minimuni 3 % crop loss to qualify for disaster area status
Corn Crop A drought began in .dune of 2002 and ended in October, after the corn crop
was harvested 2002 average corn grain yield for the city is estimated at 90 bushels p T
acre across the estimated 6,800 o acres planted The city s 5-year corn -yield average i 14o
bushels per acre (National AgnculturaJ Statistics Service, ,fan 0 3) The 2002 coda crop
suffered an estimated 36 per cent yield loss
winter Wheat Crop Excessive rwnf l began in October prior to normal winter
wheat planting Fields quickly became too Bret to plant wheat or barvest soybeans on
time A few ll-&ain d fields iAere planted during the norinal raid October — early
December planting window Frequent and heavy ram continued hough the fall and
early winter Soybean harvest was severely delayed and very few crop acres were
planted in wheat dung the normal planting vnndow The -year wheat average in
Virgirua Beach is 6,500 acres Are estiLmated 2,500 acres were planted for the2002-2003
crap year Seventy-five percent of these acres were planted after the recommend planting
date, and % of the seed rotted in the cold, wet soil and did not germinate in many
fields much of the wheat has drowned For the seed that did germinate and survived, the
seedling plants are weak and mature and will not produce a normal yield this sprang
The winter wheat crop loss in Virgpua Beach will exceed 75 percent
www t v[ ed u
Extension is o joint program o f Virginja Tech Virginia State University the U S Department o f Agriculture and state and local governments
%,n,inm C'()perJIIVL Erten wn prr}-r.)ni and emplovmLm are OpLn to all re!jrjIL of race calm rdi-ior sex
1 iL- N, iLran uEo!,, nazionaI OTL-in di%-ahIIItN OT POI 11It, 11 1 ffilwtion An equal opposun ff� /J J firma[iv dt.ILOn ernpIover
Mr Jack Mutney
Page
The failure of these crops meet the 0% threshold for requestmg dieter declaration
accordmg to the Umted States Department of Agneulture In Virginia Beach, crop losses
were due to both excessive dry summer conditions and excessive late fall/early meter
rain V xrgmia Beach farmers affected by these conditions will incur adverse financial
impacts A disaster declaration from USDA will allow fir ma Beach fanners to be
eligible to participate in disaster assistance programs
Thank you for your attention to thas matter and please contact me if can supply further
mformation
Sincerely
Calvin A Schaemann
Extension Agent, Agriculture & Natural Resources
1
2
3
4
5
9
10
11
12
1
14
1
16
17
1
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24
2
2
A RESOLUTION REQUESTING THE GOVERNOR
TO DECLARE THE CITY A PRIMARY
DISASTER AREA BY REASON o't` DAMAGE To
THE CITY' 8 WHEAT CROP CAUSED BY
EXCESSIVE RAINFALL
LL
WHEREAS, beginning in October 2002, the City received an
excessive amount of rainfall, which excessive rainfall continued
through the fall and early winter of 2002, and
WHEREAS, as a result of such excess -.ire rainfall, fields
became too wet to plant wheat on time.. and
W E EPS, as a result of such c si-ve ra�nfall, are
estimated 2,500 acres of wheat were planted in Virginia Beach, as
compared to the five - year average of 6,500 acres, and
WHEREAS, 7 of those 2,500 acres were planted after the
re o=ended planting date, and f the seed which was planted
failed to germinate, and
WHEREAS, the seeds that did germinate have developed into
weak and irunature seedl�ngs and will not prodace a normal yield
this spring, and
WFE E S , the printer whet crop loss i-n Virgo i-a Beach
will exceed %, and
WHEREAS, as a result of the aforesaid crop losses,
Virginia Beam farmers have incurred, and will continue to incur,
significant adverse financial impacts, and
WHEREAS, Virgin., -a Beach farmers are .Ln need of federal
assistance in responding to their losses, and
7 WHEREAS, a declaration of disaster by the Governor would
28 allow Virginia Beach's farmers to be eligible to participate in
29 federal disaster assa-stance programs administered by the United
0 States Department of Agriculture (USDA),
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
32 F VIRGINIA BEACH, VIRGINIA
3 That the City Council hereby respectfully requests the
34 Governor of the Commonwealth of Virginia to declare the City of
35 Virginia Beach a primar disaster area arising frOT damage to the
36 City'wheat crop as a result of the excessive rainfall occurring
37 both before and during the current winter wheat growing season, and
38 that the Governor take such other and further measures as he deems
39 appropriate to request federal disaster assistance for the City'
o farmers
41 Adopted by the Council of the City of Virginia Beach,
2 Varglnia, on the dam of 11 Zoo
CA-8762
DIN\N0NCODE wheatdisasterres wpd
-1
February 1, 2003
APPROVED Z�S TO CONTENT APPROVED AS TO LEG7IL SUFFTCIENCY
C7�
gr culture Depar-t nt Ca-ty ttorney" s Offi6e
2
ACIc
� s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Resolution Accepting and Approving the Report of the Virginia Beach Transition
Area Te hnicei Advisory Committee and Designating the Recommendattons Therein
as Interim Guidelines for the Interpretation and Application of the comprehensive
Plan
MEETING DATE February 25 2003
■Background Orn August 27 2002, the City Council established by resolution the
Virginia Beach Transition Area Technical Advisory Committee (the'Committee , which
was charged with the responsibility of recommending to the Planning Commission
technical means of clarifying the portion of the comprehensive Flan concerning the
Transition Area consistent with the vision for the Transition Area as expressed by City
Council during its August loth workshop on the subject
The Committee held 11 workshops sessions all of which were open to the pubiic, during
September, October and November At each workshop members of the public were
given the opportunity to state their views on matters before the committee The
Committee's report, dated January 3 2003 has been presented to both the city co n ciI
and Planning Commission, and the public was given the opportunity to be heard on the
report on January 2 (before the Planning Commission) and on January 28 and
February 11 (before the City Council)
IN Considerations The proposed Resolution indicates the city Coun il's acceptance and
approval of the Transition Area Committee's report and designates the
recommendations contained in the report to serge as interim guidelines for the
interpretation and application of the provisions of the Comprehensive Plan as it applies
to the Transition Area until such time as the Comprehensive Plan is reviewed and
amended in accordance with applicable law
0 Public Information The Transition Area Committee's work has been a veal public
process since its inception As previously stated, all 11 workshop sessions of the
Committee were open to the public and were well -publicized The Planning
Commission held a public comment session on January 27, and the city Council
received public comment on the report and recommendations on January 28 and
February 11
■ Recommendations Adoption of Resolution
■ Attachments
Recommended Acton Approval
Submitting Department/Agency Planning Department
City Manager Y. , 7a vei�-t
U
1
3
5
6
8
9
1
11
1
1
1
1
1
I7
1
1
2
21
22
23
2
2
2
28
A RESOLUTION ACCEPTING PND APPROVING
THE REPORT OF THE VIRGINIA BEACH
TRANSITION AREA TECHNICAL ADVISORY
COMMITTEE DES I SAT IN G THE
RECOMMENDATIONS THEREIN AS INTERIM
GUIDELINES FOR THE INTERPRETATION
AND APPLICATION OF THE COMPREHENSIVE
PLAN
WHEREAS, on August 27, 2002, City Council estaolished by
resclution the Virginia Beach Transition Area Technical Advisory
Committee (tree Committee") and
WHEREAS, the Committee was charged wa-th the
responsibrla-ty of recommending to the Planna ng Co mis zon technical
means of clarifying the portion of the Comprehensive Plan
ooncern�ng the Transit -Lon Prea consistent with the vision for the
Transition Area as expressed by City Council during its August "
workshop, shop, and
WHEREAS, the Plann-ing Commissi-on was briefed on the
Comm-:-i.--tee's report ard recoedatiens on .January 13, 2003, and
final version of such report and recommendations was presented to
the Planning Commission on Januar27, 2003, at which time members
of the public were permitted to comment upon the said report and
recommendations, and
WHEREAS, the Planning Commission accepted and approved
the report of the Committee presented to the Commission on January
271 2003, and recommended to the City Council that the report an
the recommendations therein serge as interim guidelines for the
Interpretation and application of the provisions of the
29 Comprehensive Plan as it applies to the Transition Area until such
0 time as the Comprehensive Plan is reviewed and amended in
1 accordance with aovlicable law, and
2 WHEREASr the City Counczl rece� ed substantial publao
33 comment concerni-ng the report of the Commi-ttee at the Counc3-1
34 meetings held on January 28, 200-3 and February 11, 2003,
35
TI R R Br TT RESOLVED BY THE CITY COUNCIL 7 THE NOW,
36 CITY OF VIRGINIA BEACH, VIRGI IA
7 That the report of the Committee is hereby accepted and
8 approved, and the recommendations contaa-ned in the report shall
9 serve cas inter-Lm guidelines for the interpretation and application
D of the provisions of the Comprehensive Flan as it applies to the
41 Transition area until such time as the Comprehensive Plan is
2 rev.:.e ed and amended in accordance with applicable law
43 Adopted by the City Council of the Ca-ty of Vargania
44 Beach, Virginia, on the day of if 2003
CA-8725
m or r s transitiona rear s wpd
February 19, 2003
APPROIvED A.S TO CONTENT
Ir - , Z-t1.o3
Planna-epartment
APPROVED AS TO LEGAL
SUFFICIENCY
e
Law Department
2
V91A
r�
c
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Restructure ture of the Outstanding Obligation of the Virginia Beach Development
Authority
MEETING DATE February 25,2003
Background Council considered this matter at its October 1, 2002, meeting, when the
matter was deferred The Council liaisons to the Virginian Beach Development
Authority, Air .hones and Mrs Sure, have asked that the matter again be placed on
Council's agenda
■ Considerations Approval provides for i) cancellation of $1,236,331 in accrued
interest, and u restructuring the remaining balance of $6,266,137, effective March 22,
2002, into two non -interest bearing notes
■ dote 1 in amount of $4,830,936 secured by 31" street Property payable from
net proceeds of sale or ground lease of 31"5' Street property
■ Note 2 in amount of $1,425,201 secured by remaining parcels at Corporate
Landing and Dceana Vilest Payable from 2 % of net proceeds from land sales
Remaining proceeds used to fund infrastructure and strategic rand
acquisitions
■ Public Information Public information will be handled through the normal Council
agenda process
■ Alternatives Alternatives to restructuring the outstanding obligation and cancellation
of the accrued interest are (1) cancel all principal and interest of the outstanding
obligation, or (2) do not cancel or restructure the outstanding obligation Under any
option, the City may need to advance funding to assist in the development of
infrastructure
■ Recommendations Approval of Ordinance to restructure the Virginia Beach
Development Authority's outstanding obligation and to cancel the accrued interest
portion of the obligation
■ Attachments
Ordinance with Term sheet
Recommended Action Approval
Submitting Department/Agency Department of Economic Development
City Manager
F \DataL TY\Forrns�ommercial Pro3ccts V D D A Loan Agenda Request doc
I AN ORDINANCE TO RESTRUCTURE THE CITY
OF VIR 11I BEACH DEVELOPMENT
EI T
AUTHORITY'S OUTSTANDING OBLIGATION
T� Thy CITY T �F VI1IAE
s
WHEREAS, since its establishment by the Virginia General
7 Assembly in 1964, the Virginia Beach Development Authority
8 ("Development Authora-t ") has partnered with the Caty of Virgin-ia
Beach ("City" to facilitate expansion of the C.1ty's tax base
10 through increased business _Lnvestment and the creation of
11 employment opportunities within the City,
12 vvAERE S, the City nas maae ;, arious icans to the
13 Development Authority for the acquisition of real proper't V and the
14 development and on trut1on of infrastructure, the balance of
1 rwhich were consolidated by and the terms of which are set forth in
'L 6 that oerta_Ll r.`its 1�datacr, Mo �.f,,_oat1on Reve al Ac reemer L_
17 dated as of March 1, 1996,
16 Wr iEREA , piapsuan� to Loan Agr e eri- , tie ? oars rs
19 interest -free and no principal payments are due on the loan until
20 t ,e date that the Development Authority pays in full its
21 outstanding loan from Bank of America, N A ,
22 WHEREAS r the Development Authority s loan from Bank o
23 America, N A was paid in full on March 22, Zoo f
24 WHEREAS, pursuant to the Loan Agreement between the City
25 and tree Development Aur-norrty, after payment in full of the Banc of
1
26
America loan, interest begins to
accrue on the outstanding loan
?
balance and principal
payments are
to JAG paid in the amount of 95%
28
of net land Sale
proceeds from
land soli by the Development
29
Authority,
30
WHEREAS,,
Resolution
R S- 0 4 1 adopted by the City
1
Council on June 25,.
2002,, the City
Council agreed to susr )end unt i l
32
September 30, 2002,
the interest a x-u l and payment provisions of
3
the loan,
304 WHEREAS, the current balance f the Citys loan to the
35 Development Authority is $ , 1, ($1,235,331 of which is
36 interest accrued since 1974 and the balance of which is principal),
and
38 WHEREAS, in an effort to maintain a financially strong
-39 Development Aut oritwhich in turn, will help the City achieve
40 its economa-c vi-tali-ty goals, it is a-n the City's anterest to
41 facilitate repayment of the loam i) by extinguishing the
42 Development uthoraty' obla-gation to pay the exasta-ng accrued
43 interest in the amount of $11235r3311 and (ii) by restructuring the
44 loam in accordance with the terms of the Term Sheet attached hereto
45 as Attachment A
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
7 of VIRGINIA BEACH, VIRGINIA
48 1 That a-n recognition of the Virginia Beach
49 De ielop ent Author a-ty's contribution to expanding the tax base of
50 the City of Virginia Beach and in recognition of the importance o
1 financially supporting the commercial development activities of the
52 Development Authority, the Development Authority's obligation t
S3 repay, $1,235,331 of outstanding accrued interest on the loan rude
54 by the City to the Development Authority is hereby extinguished
5 2 The City Council hereby approves and authorizes the
56 restructuring, effective as of Mardi 22, 2002, of the Development
7 Authority's loan from the City in the outstanding amount of
sa $6,256P137, in accordance with the terms of the Term Sheet attached
-9 hereto as Attachment A
a 3 The City Council of the C-ity of Virginia Beach
1 hereby authorizes and directs the City Manager and the City
62 Attorney to draft the documents necessary and appropriate to
63 restructure the loan in accordance with the terms of the Term sheet
4 attached hereto as Attachment
The City Manager is authorized to execute and deliver
66 the necessary documents to effectuate the terms of this ordinance{
7 so long as such documents are consistent with the terms of the Term
s Sheet and have been approved by the City Attorney
69
69
0
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of
APPROVED AS To
CONTENT
1
I T • -of Econo7m
Development
APPROVED AS TO
LEGAL SUFFICIENCY
0
City Attorney
CaL-8608 14, 2003
F ,Data A7Y\ rdin NONCODE BD aariRe tructure ord4 doc
4
23
ATTACHMENT
TERM SHEET
Restructure of City's Loan to
Virginia Beach .Development Authority
I Existjn Lroart
Principal S6256 I37
Accrued Interest $1,235,331
Total $7 491 468
Se u_nty
ecurl 1 Remaining Acreage- Approximate Value
0 Lien Oceana West Industrial Park 24 acres Si 920M to ? 4M ($8OK to
1 OK/acre
I"i Lien 315` Street parcel south of31#` 1 033 acres $? 075M $45/sq ft
Street (riot including SAS parcel north
of'31" Street)
Other Assets
Property
Remaining Acreage
Approximate Value
Corporate Landing Business Park
233 acres
7 960M 1 acre
SAS Parcel (North of 31" Street
43 acre { 1 8 750 sO
S825 1
II Restructuring Proposal
4 City cancels all accrued interes on Doan (S 1 2 35 331
• City separates r rnalning pnnclpaI balance into two separate non interest bearing dotes
1 Note 1 in pnncipal amount of S4 830 936 (representing 3 883 786 attributable to
south portion of31` Street property and $947 150 in carrying costs' for 31 ` Strut
Property) secured by first lien on 31' Street property Upon the sale or ground lease
of 31" Street property City releases lien on 11" Street property and net proceeds paid
to City in full satisfaction of the note as and when payments are received
3 Vote 2 in principal amount of S 1 45 201 secured by first lien on Corporate Landing
and Oceana West Principal payable from % of proceeds from land sales
• Effective March .12 2002
III Covenants
• NVhjle loan outstanding V BDA to incur no additional debt without City approval
• All net proceeds *om sale of ground lease of 3 1" Street property paid to City as and whe-1
recei,ed
• 0% of net proceeds generated from all land sates in Corporate Landing and Oceana West used by
VBDA to repay loan
Remaining net proceeds from land sales in Corporate Landing and Oceana West used b} VB] A to
fiend its infrastructure requirements and to fund strategic land acquisitions
IV Existing Monies
Twenty percent %) ofthe net sales proceeds currently being held by VBDA from property sales in
Corporate Landing ardservices and Oceana Nest Forbes Candies and Half paid to City at
restructure closing
' Price may+ VarY deptnding on de %Felopabih Y Of p2rcels
Including accrued interest appraisal fees real estate taxes engineering fees title exanvnation fees consultant s
Tees f6r laid u e planning and legal fees
F D2tz ^T-Y\Form �DF-),,kUTH\TER.NISNEET ,.er dac
No embc 18 00
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Amendment of Documents With Respect to TPC Golf Facility to Accommodate
First Tee of Virginia Beach, a Junior Golf Academy
MEETING DATE February 25, 2003
■ Background on October 8, 1997, the City of Virginia Beach and the Virginia Beach
Development Authority entered into a ground lease for approximately 500 acres of read
property located in the Lade Ridge area of the City The leased area consists of two
separate parcels described as the Facility Site, which contains approximately
acres, and the option Parcel, which contains approximately 186 70 acres
y Sublease dated October 8,1 , the VBDA sublet the Facility site to TPC of Virginia
Beach, L L C for the development and construction of an 1-hole golf course, and
granted TPC an option to sublease the Option Parcel for the possible development and
construction of a second 1 -hole facility TPC has constructed a Tournament Players
Club golf course, clubhouse and related amenities on approximately 254 acres of the
Facility site and is operating the facility as the Tournament Players Club of Virginia
Beach under a license agreement between TPC and the PGA Tour
In a Memorandum of Understanding dated May 16, 2000, the City, VBDA, TPC, and
Hampton Roads Junior Golf Foundation agreed to the development, construction, and
operation of a junior golf academy to be known as First Tee of Virginia Beach on
approximately 60 acres composed of a portion of the Facility Site and a portion of the
Option Parcel, under a sub -sublease with TPC f Virginia Beach, L L
To accomplish the development, construction and operation of first Tee and to conform
the Sublease so that it covers only the Facility Site acreage actually utrlized for the
construction of the TPC golf course protect, it is necessaryto cause the reconfiguration
of the Facility Site and the Option Parcel such that (a) the Facility Site is increased from
309 50 acres to 313 53 acres and includes the site on which First Tee is constructed and
(b) the Option parcel is reduced from 786 70 acres to 920 78 acres
The amendatory documents (1) reflect the reconfigured FacilitySite and the reconfigured
Optian Parcel (2) provide for the City's consent to TPC's entry into a sub -s u ble a se with
the Foundation for a portion of the Facility Site to First Tee, and (3) provide for the
reduction in rent of the portion of the Facility Site subleased by TPC to the Foundation
for First Tee
The VBDA approved a resolution to execute the amendatory project documents on
January 21s 2003
Considerations Approval will fulfill the terms of the Memorandum of Understanding,
dated May 16, 2000
Public Information Public information will be handled through the normal Council
agenda process
■ Recommendations Approval of Ordnance authorizing the City Manager to execute
amendatory project documents with respect to TPC Golf Facility to accommodate First
Tee of Virginia Beach
Attachments
Ordinance
Modification Agreement
Addendum to Sublease Agreement
Recommended nded Action Approval
Submitting Department/Agency
City Manager Q6IL if
Department of Economic Development
�1
I ORDINANCE AUTHORIZING CITY MANAGER
TO EXECUTEAMENDATORY PROJECT
DOCUMENTS TS WITH RESPECT TO TPC GOLF
F AkCILITY TO ACCOMMODATE FIRST TEE OF
IRGINIA BEACH, A SI R GOLF
ACADEMY
7
WHEREAS by Ground Lease dated as of October 8 1997 bem een the City of
Virginia Beach (the "'City" and the City of Virginia Beach Development Authonty ` V DA'
1 (the "Ground Lease""), a Memorandum of which is recorded in the Clerk's Office of the Circuit
11 Court of the City of Virginia Beach, Virginia in Deed Book 3799, page 626 the VBDA leases
12 from the City approximately 500 acres of real property located in the Lake Ridge area ofthe Cit�
1 (the "Leased Premises') The Leased Premises consists of parcels separately described as the
14 Facility Site, which contains approximately 9 50 acres, and the Option Parcel, which contains
15 approximately 186 70 acres,
16 WHEREAS, by Sublease Agreement dated as of October 8, 1997, between
17 VBDA and TPC of Virginia Beach, L L C , a VITglnia limited liability compan TPC" (the
1 "Sublease l a Memorandum of which is recorded in the aforesaid Clerk's Office in Deed Book
19 3799, at page 63 1, VBDA subleased the Facility Site to TPC and granted to TPC an option to
20 sublease the Option Parcel,
1 WHEREAS, pursuant to the Sublease a and that certain Development Agreement
22 dated as of October 8, 1997between VBDA and T (the "Development Agreement"), TPC
2-3 has constructed a Tournament Players Club golf course, clubhouse and related amenities upon
4 ±254 acres of the Facility Site and is prebentl y operating the facility as the Tournament Players
5 Club of Virginia Beach pursuant to the terms of a license between TPA' and the PGA TOUR,
26 WHERFAS, pursuant to that certain Memorandum of Understanding dated May
7 165 2 among Hampton Roads Junior Golf Foundation, a Virginia corporation (the
1
28 "Foundation""), TPC, VBDA and the City, the parties agreed to the terms for the development,
29 construction and operation ofa junior golf academy known as First Tee of Virginia Beach `First
Tee") on an approximately -acre parcel of property constituting a portion of the Facility Site
1 and a portion of the Option Parcel,
32 WHEREAS, to accomplish the development, construction and operation of First
33 Tee and to conform the Sublease so that it covers only the Facility Site acreage actually utilized
34 for the construction of the TPC golf course project, It is necessary to cause the reconfiguration o
35 the Facility Site and the Option Parcel such that a the Facility Site is increased from
'36 acres to 313 52809 acres and includes the site on which First Tee is constructed and the
37 Option Peel is reduced &om 186 70 acres to 120 78 acres,
-18
WHEREAS, the entry by TPC into a sub -sublease with the Foundation for a
39 portion of the Facility Site requires the approval of VBDA and the City, and
40 WHEREAS, the Cjq Manager seeks authorization to execute and deliver(a) a
41 Modification Agreement Which modifies the Development Agreement, the Sublease and the
42 other TPC Pro ect documents to reflect the reconfigured Facility Site and the r confi axed
43 Option Parcel, and an Addendum to Sublease Agreement iNhich i reflects the reconfigured
44 Facility Site and the reconfigured Option Parcel, n provides for the City's consent to TPC's
45 entry into a sub -sublease with the Foundation for a portion of the Facility Site for First Tee, and
4 m provides for the reduction in rent of the portion of the Facility Site subleased TPC to the
47 Foundation for First Tee, each in substantially the same form as the proposed documents
48 provided to Council and on file in the City Clerk s Office
9 NOW THEREFORE, BE IT ORDAMIED BY THE COUNCIL OF THE CITY
0 OF VIRGfNIA BEACH IRGINIA,
1
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That the City Manager, acting on behalf of the City of Virginia Beach, is hereby
authorized to execute and deliver the following documents to accommodate the development,
construction and operation of a junior golf academy known as First Tee of Virginia Beach and to
conform the Sublease so that it corers only the Pa ci ht Site acreage actually utilized for the TPC
Golf Course project a a Modification Agreement which modifies the Development ment Agreement,
the Sublease and the other TPC Project documents to reflect the reconfigured Facility Site and
the reconfigured Option Parcel, and b are Addendum to Sublease Agreement which i reflects
the reconfigured Facility Site and the reconfigured Option Parcel, n provides for the City s
consent to TPC's entry into a sub -sublease with the Foundation for a portion of the Facility Site
for First Tee, and iii provides for the reduction in rent of the portion of the Facility Site
subleased by TPC to the Foundation for First Tee, each in substantially the same form as the
proposed documents provided to Council and on file in the City Clerk's Office
Adopted by the Councit of the City of Virginia Beach Virginia on the
day of
APPROVED AS TO
CONTENT
Dept of Economic
Development
APPROVER AS TO
GAL CY
City Attorney
CA-86 9
January 8, 20
F \DaLa\ATN ordtn 0E\TPdoe
, 20
3
MODIFICATION AGREEMENT
THIS MODIFICATION AGREEMENT (this `Agreement") is made this A""71day of
/%2rn� , 2 0 o, by and among the CITY OF VIRGINIA B EACI I, a municipal corporation
ofthe C numonw alth ofVirgirua (the "Cit y" , the CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "V DA"), TPC OF
IRGINIA BEACH,L L C , a Virgnualin ted liability company "TPC" , RB C CENTLJRABAND,
North Carolina State Banking Corporation, formerly First Coastal Bank "Centura" , and
PRINCESS ANNE SERVICE CORPORATION, a Virginia corporation "Tn tee" (Forindexing
purposes, each of the foregoing parties 1s both a "Grantor" and a "Grantee"
DEFMTINS
For purposes of this Agreement, the capitalized terms used herein shall have the following
meanings
A "Assioment of Leases" shall mean that certaan Assig=ent of Leases, Rents and
Profits slated as of October 8,, 19971, from TPC to First Coastal Bank, duly recorded in the Clerk's
Office in Deed Book 3799, at page 699
"Clerk's Office" shall mean the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia
GPIN NO 1494-4 -7 , I4 4 4 97 4, 1494-2 9 7
Prepared by
Faggert & Frieder P
1435 Crossways Boulevard Suite 200
Chesapeake VA 23320
"Deed of Trust" shall mean that certain Credit Lire Deed of Trust dated as of October
, 1997, from TPC to Trustee, duly recorded in the Clerk's Office in Deed Book 3799, at page 650,
securing to First Coastal Bank the maximum principal arnount of $5,500,000
D "Develoment.AgE ement" shall mean that certain Development Agreement dated
as of October 8, 1997, between the V DA and TPC providing for the construction of the Facility
"FaciI " shall mean the 1 -hole Tournament Players Club golf course, dnving range,
practice greens, bunkers and other practice facilities, clubhouse, maintenance facilities, parking areas
and related buildings and improvements constructed by TPC pursuant to the Development
Agreement and the Sublease
F 'T i nancine Statements" shall mean those certain [ACC- I Financing Statements from
TPC, as debtor, to First Coastal Bark, as secured party, duly recorded in the Clerk's Office as File
No 97- 0 1 , and in the Office of the State Corporation Commission as File No 97-1 -17-71 9
G "Ground Lease" shallmean that certain Ground Lease dated as of October 8, 1997,
between the City as landlord, and the V DA, as tenant, entered into pursuant to the Development
Agreement
H `Int rcreditor Agreement" shall znea.n that certain Intercreditor Agreement dated as
of October 8, 1997, by and among TPC, the City the V DA and First Coastal Bark related to the
Project
I "Loan Documents"' shall mean the Deed of Trust, the Assigrument of Leases, the
Financing Statements, the Security Agreements, the Assignment of Construction Documents and all
other documents evidencing or associated with the indebtedness secured by the Deed of Trust
J "Memorandum of Sublease" shall mean that certain Mem r nd Sublease and
Option dated as of October 8, 1997, between the VBDA and TPC, duly recorded in the Clerk's
Office in Deed Book 799, at page 631
K "Pro,i ect Documents" steal ] mean the Development Agreement, the Ground Lease, the
Sublease, the Memorandum f Sublease the SNDA and the Stormwater Management gement Agreement
"SNDA" shah mean that certain Subordination, Non -Disturbance and Attomme t
Agreement dated as of October 8, 19 9 7, by and among the City, the VBf A and TPC, duly recorded
in the Clerk's office in Deed Boob 3799, at page 677
M "Storrrmw ter _ Management Agreemenf1 shall mean that certain Stonnwater
Management Facilities Maintenance Agreement dated October 8, 1997, between TPC and the City,
recorded ;n the Clerk's Office in Deed B ook 379, at page
ITT 4&sublease' shah mean that certa n Sub]ease Agreement dated as of October 8, 19973P
between the VBDA and TPC, pursuant to which TPC has constructed the Facility
ITNSST
WHEREAS, pursuant to and m accordance with the Project Documents, TP C has constructed
the Facility,
WH R AS, following completion of the Faxon , the parties desire to adjust the boundaries
of the Facility Site (as defined in the Sublease) and the Second Course Option Parcel (as defied in
the Sublease), as contemplated in Section 1 2(c) of the Sublease and Sections 6(b), 6(c) and 6(d) of
the Interereditor Agreement, to accurately reflect the property being used for the Facility, the
3
establishment of the entrance road to the Facility as a public street nght-of-way and the elimination
from the Sublease of certain portions of the Facility Site which are not required for the Facility,
WHEREAS, the parties desire to m rnona li a their understanding and agreement as to the
description of the Facility Site subject to the Sublease by ente ng into this Agreement
Now, THEREFORE, WITNESSETH That for and in consideration of the premises and
in ffirtherance of the actions contemplated by the Sublease and the Intercreditor Agreement with
respect to the description of the Facility Site, the partses hereto do mutually agree as follows
l The descnptions contained in Exhibit A and Exhibit B to the Sublease are hereby
deleted and replaced with the descnptions contained in Exhibit A and Exhibit B, respectively,
attached to this Agreement
2 The descriptions contained in Exhibit A and Exhibit B to the Memorandum of
Sublease are hereby deleted and replaced with the descriptions contained in Exhibit A and Exhibit
respectively, attached to this Agreement
The de cnption contained m Schedule A to the Stormwater Management Agreement
is hereby deleted and replaced with the descnption contained in Exhibit A attached to this
Agreement
4 The description contained in Exhibit B to the SNDA is hereby deleted and replaced
with the description contained in Exhabit A attached to thus Agreement
The description contained in Exbibit A to the Deed ofTryst is hereby deleted and
replaced with the desnption contained in Exhibit A to this Agreement
The descnption contained in Exhibit A to the Assignment of Leases is hereby deleted
and replaced with the description contained in Ehiit A to this Agreement
The description contained in Exhibit A. to the Financing Statements is hereby deleted
and replaced with the descnption contained )n Exhibit A to this Agreement
This Agreement shall be recorded in the Clerk's office to evidence of record the
modifications to the Project Documents and the Loam Documents set forth herein The Exhibit
replacements set forth in Sections 1-7 above shall be effective as of the clue of this Agreement for
all purposes under the Project Documents and the Loan Documents The parties recognize that
certain of the Project Documents and the Loan Documents are recorded and may require separate
modification instents to be recorded for notice purposes The parties agree to execute such
corrective,, amendatory or modification instruments (the "Amendments") as may be required to
constitute record notice of the Extubit replacements and to record sarne, with each party bearing its
ovum legal fees related thereto, if any, and TPC being responsible for the costs of recordation of the
Amendments The Exhibit replacements shall be effective and enforceable by any party by reason
of this Agreement, however, whether or not the Amendments are actually recorded
The parties agree that any action taken under any ofthe Project Documents, the Doan
Documents or any other document or instn nent to which any of the parties is a party and which
contains a reference to the Facility Site or the Second Course option parcel "Related Documents"),
will be taken by such party, and such Project Documents, Loan Documents ents and/or related
Documents will be construed, in recognition of the Exhibit replacements set Forth in Sections 1.7
above axed the changes rnade thereby to the descripti os of the Facility Site and the Second Course
Option Parcel The parties agree to execute such other and further docurne is as may be reasonably
requested by any party in order to effect the intent of this Agreement
5
10 Any Rebated Documents to which a description of the Facility Site or the Second
Course Option Parcel is an Exhibit or is otherwise described or referred to shall be deemed to be
modified by the replacement of such Exhibit, description or reference with the description contained
in Exhibit A and/or Exhibit B attached to thus Agreement, as appropriate
1 l Except as specifically modified by this Agree enl, the Protect Documents, the Doan
Documents and all Related Document shall remain in full force and effect
12 If any provision of thus Agreement shall be held to be mvalid or unenforceable, the
remammg provisions of this Agreement shall nevertheless remam in full farce and effect
13 maxis Agreement is made m and shall be govemed, c nstrued and enforced m accordance
with the laws of the Commonwealth of Virgnua
14 when the context m which the words used m this Agreement mcheate that such 1s the
intent, words ui the singular number shall include the pluml and vice versa, and words ua the masculine
gentler shad include the femme and neuter genders and vice versa
15 Tfus Agreement shall be bmdmg upon the parties and their respective assigns, successors,
representatives, estates, heirs or legatees
16 This Agreement may be executed in two or more counterparts, the parties need not
sign the same agreement and all of such counterparts taken together shall constitute this Agreement
The original signature pages on the counterparts may be detached from the counterparts and attached
to one combined instrument
[NEXT PAGE IS SIGTIATURE PAGE]
IN WITNESS WHEREOF, the City, the VBDA, TPC and Centura have caused this
Agreement to he executed by their respective duly authonzed representatives
[SEALS
ATTEST
City Clerk
APPROVED AS TO CONTENT
Planning/DSC
PW/Real Estate
[SEAL]
ATTEST
Secretary/Assistant Secretary
CITY OF V IRGMA BEACH
VA
City Manager
Designee of the City Manager
APPROVED AS TO RISK MANAGEMENT
Risk Management
APPROVED AS TO LEGAL SUFFICIENCY
City Attorney
CITY OF VIRGINIA BEACH
DEVELOPMENT AI THOPH
By
ChainnanfVY e Chairman
TPC OF VIRCINIA BEACH, L L C
a Virginia limited liability company
y Tournament Players Club of Virginia, Inc,
Virginia corporation and Member
er
t
Authorized Officer
y Potomac c Development Associates, L L C ,
V3trginia limited liability company and
Mern er
By Linksland Operating Properties, L P ,
a Delaware limited partnership,
Manager and Member
By Potomac Golf Properties, LLC,
Delaware liability company,
General Partner
r
y
AuthoTized Officer
RBC CENTURA BANK,
a /Vor"M ear'01for,
.,
Authofized Officer
PRINCESS ANNE SERVICE CORPORATION,,,
a Virginia corporation
By < L..* a- - a�
Narr,e S C-qs L -%L C L&-s S3r2.
Title A�DA�S
COMMONWEALTH F VIR INIA
CITY OF VI GI IA BEACH, to -wit
The foregoing i nstrum eant was a cknow]edged before me this day of ,
2 0 o � b y CITY MANA ER DESIGNEE
F THE CITY MANAGER
Notary Public
My Commission Expires
COMMONWEALTH OF VIRGINIA
CITY OF VI GI IA BEACH to -wit
The foregoing insft=ent was acknowledged before me this � day of�
2002, by I CITY CLERK
Notary Public
My Commission Expires
COMMONWEALTH OF VIRGINIA
CITY OF VIR xII IA ]BEACH, to wit
The foregoing instrument was acknowledged d before me this � day of , 0 2
y ,, Chap ice-Chairrnan of the City of Virgnua Beach
De elopr e t Authority, a political subdivision of thCommonwealth of Virginia, on its behalf
Notary Public
My c rannnsion expires
9
COMMONWEALTH OF VIRINIA
CITY OF VI LIMA BEACH,, to wit
The foregoing instrument was acknowledged before me this day of , 2002)
by ...�� _ _ _, Secretary/Assistant Secretary of the City of Virginia Beach
Development Authority a political subdivision of the Corrimonwealth f Virgjnia, on its behalf
Notary Public
My c nuni ssion expires
STATE OF FLORIDA
CITYlCOUNTY 4F �t-�� , 4t to wit
f
Qt
The foregoing �nitrument was acicnowl dged before me this J I day of
Tournament Players Club of Virginia Beach, Inc , a Virginia
corporation, in its capsty as a member of TPC of Vtrgitua Beach, L L C , a Virginia limited liability
company, on its behalf �
JACQUEUNE NIXON
fCTAaY PUSUC STATE of Fu Boa
CZ&"S&()N a DDOSS
BONDED THRU 1435644arARYI
STATE OF frJ � il / CA=:::
CITY/GO �T3F bF &Q-C to wit
11
C,
Notary Public
My conimission expires
41- "Z)t
foregoing instrument was ack
powledged before me this day of
14 iA) f oo , by R�4<'-f r- A) e[ Jr , as
of Potomac Golf Pr p rhes, LL , a Delaka—re limited liability company,
6a;C-
as general partner of LYr Bland Operating Properties, L P , a Delaware limited partnership, as manager
and r ernber of Potomac Development Associates, L L C , a Virginia limited liability company, in its
capacity as a member of TPC of Virginia Beach, L L C , a Virginia limited liability company, on its
behalf
Notary P 11e
My commission expires �
COMMONWEALTH OF VI GINIA
CITY OF VJRGINIA BEACH, to pit
The foregoing instrument was acknowledged before me this b*`` day of
Maa-j 2002, by cnn V.. P CObb � F(4nAr%tj" Sevvj�g.%
D{-(�ter of R.BC Cenrura Bank, a AlarJ4, Ca-rvi.r•.. , on behalf of the
Company
Notary Public
My commission expires �3d�aD0$
W IVA I VJLN-Al I T V L-er-LJLj.L A JL %.JF.L- T "NA-i ILI )JWt-rtt
NfiSy ce U�Tr�
The foregoing instrument was ackno i ded before me this f
AA-� 15 20025 by %5eerr 6i4sTCk-
�IV coo -r ofPrincess Arne Service Corporation, a Virginia corporation, on its
behalf
FW�ASIF'l COU" JT 'I C
I
U, )41 6"t."
Notary Public
oor fires �
�y sion p 1 .260 5�.
EXHIBIT
[DesmPtion of Facility Site]
ALL THOSE CERTAIN tracts, pieces or parcels of land, situate, 13nng and
being in the City of Virgnua Beach, ViLrginia, designated and described a
"MAKE RIDGE PROPERTY PORTION OF LEASE AREA = 12,472,455
SQ FT — 296 32815 ACRES" and "PRINCESS ANNE COMMONS
PORTION OF LEASE AREA = 1518438.219 SQ FT = 27 1994 ACRES' 3
as shown on that certain plat entitled "AMENDED EXHIBIT PLAT,
PORTION OF LAKE RIDGE PROPERTY AND PRINCESS AI NE
COMMONS FOR TPC GOLF COURSE, VIRGfNIA BEACH,
IRGINIA'I, dated June 7, 2001, Prepared by Bureau of Surreys,
Engineering Division, Department of Public Works, City of Virginia
Beach, Virgirua, which plat 1s duly recorded in the Clerks Office of the
Circuit Court of the City of VirginiaBeach, Vir i a, in Map Book 304, at
pages I I - 1
EXHIBIT B
[Desmption of Second Course Option Parcel]
ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and
being 1n the City ofVirginia Beach, Vir, designated and described as
"PHASE TWO TPC GOLF COURSE AREA = 51)2611)348 SQ PT
120 78394 ACRES", as shown on that certain plat entitled "AMENDED
EXHIBIT PLAT, A PORTION TIN F LAKE RIDGE PROPERTY FOR
PHASE TWO TPC GOLF COURSE, VIRGfNIA BEACH, VIRGf IA",
dated June 7, 2001, prepared by Bureau of Surreys, Engineenng Division,
Department of Public Forks, City of Virginia Beach, Virginia, which plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Ver a, m Map Book 304, at pages 1 - 1
ADDENDUM To SUBLEASE AGREEMENT
TPC GOLF COURSE
THIS ADDENDUM To SUBLEASE AGREEMENT Ithis Addendum" is entered into
this day of gafA _. _ , 2002, by and between the CITY OF VlRGlNlA BEACH
DEVELOPMENT AUTHORITY ("V13DA"Y, a political subdivision of the Commonwealth of
Virginia, as landlord, and TPC of VIRGINIA BEACH, L L C { 'TE A lT"), a Virginia limited
liability company., as tenant
WHEREAS, on October 8, 1997, the parties entered into a sublease agreement (the
Sublease') under the terms of which V13DA leased certain property ,n the City of Virginia
Beach (the 'City') to TENANT, and
WHEREAS, EAS, the parties desire to enter into this Addendum for the purpose of
relocating boundary lines of the ' Facility Site" and the "Second Course option Parcel' (as
defined in the sublease) and amending the legal descriptions thereof to correspond
thereto, and
WHEREAS., the parties desire to confer upon TENANT T permission to enter into a
sub -sublease (the 'Sub -sublease") with Hampton Roads Junior Golf Foundation, a Virginia
corporation C First Tee ') as to a portion of the Facility site for the purpose of constructing
and operating a junior golf academy to be known n a "First Tee of Hampton Roads or
it filar (the Academy ' ), and
WHEREAS,, the parties desire by this Addendum to make other minor modifications
of the terms of the Sublease, and
HEi EAs, for and in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the parties enter into this Addendum and
agree as follows
I With respect to Section 1 1 of the Sublease, the following definitions are hereby
deleted and the folfowing are substituted in itheir places
L "Faoshall mean the Tournament Course, driving range, practice
greens, bunkers and other practice facilities, clubhouse, maintenance facilities,
parking areas and related buildings and improvements constructed on the portion of
the Facility Site which is not being subleased to First Tee
1i Taciliiy Site shall mean and refer to that certain tract of land located
in the Cfty of Virginia Beach, Virginia, described on Exhibit A attached hereto If
T "second Course Ogtion Parcel shall mean and refer to that certain
tract of land located in the city of Virginia Beach, Virginia, described on Exhibit
attached hereto
2 The following subsections are hereby added to Section 1 1 Definitions
'AA "First Tee" shall mean and refer to Hampton Roads Junior Golf
Foundation
BB First Tee Fa flat Site" shall mean and refer to that certain tract
of land situated in the City of Vfrginia Beach, Virginia, described on Exhibit c
attached hereto "
3 The following paragraph is hereby acicJed to the end of Section 3 1
"Anything in this Section 3 1 to the contrary notwithstanding, commencing
January 1, 2001, and continuing until the earlier to occur of (j) First Tee ceases to
exist or operate, {ri} the termination of the Sub -sublease, OW the mission statement
f First Tee is changed substantially without the prior consent of the City and
DA, (jv) First Tee ceases to qualify as an I R C 501( non-profit organization,,
or M the primary use of the First Tee Facility Site for the Academy changes,
TENANT shall pay to VB A annually, in arrears, as basic rent (the ' F ent'V ► the sum
of $ 2 6,6 0 59, offset and reduced (but never to an amount less than oo 00) b
the total amount of Takes paid by TENANT or TE A 1T's concessionaires from
operations at the Facility during the calendar year (or portion thereof) due on
February 15, 2003,F and continuing cm the same day of each succeeding calendar
year during the Term except that the final Rent payment shall be due on the fast
day of the Term) For the final calendar year in which Rant is payable, Rent shall be
prorated and calculated by multiplying the annual Rent amount by a fraction, the
denominator of which is 1 , and the numerator of which is the number of whole
months of the Term in the final calendar year of the Term Upon the occurrence of
any of the circumstances described in W - M above, Tenant shall pay Rent at the
annual rate set forth in the first paragraph of this Section 3 1, prorated as of the
data of such occurrence 11
The following sentence is hereby added to the end of Section 5 2 SLq sand
Adverb���
"BDA hereby consents to that certain exterior f ree standing sign which is currently
located near the entrance to the Facility at the southeastern intersection of Princess
Anne Road and Tournament Drive '
5 The following section is hereby added after Section 10 2 (E)
'' F VBDA hereby consents to the sub -sublease between TENANT and First
Tee for the First Tee Facility Site The use by First Tee of the First Tee Facility site
for the Academy shah not constitute a breach of Section 5 0 (A) - (H), inclusive '
6 Exhibit A - DESCRIPTION OF FACILITY SITE to the sublease is hereby deleted and
the attached Exhibit A is hereby substituted in its place
Exhibit B - LEGAL DESCRIPTION o PTI N PARCEL is hereby deleted and the
attached Exhibit B is substituted in its place.
Exhibit C : LEGAL DESCRIPTION OF FIRST TEE FACILITY SITE is hereby added a
Exhibit C
Concurrently with the execution of this Addendum, TENANT and VBDA shall
eecute and deliver to TENANT, for records rig in the Clerk`s Office of the Cjrcuit Court of
the City at TENANT"s expense, an Amende i Memorandum of sublease and option in such
form and containing such provisions (not inconsistent with the Sublease, as amended b
this Addendum,) as TENANT may specify Such memorandum shall include legal
descriptions intended to describe the Facility Site and the second Course Facility Site If
such memorandum is recorded pursuant to the foregoing provisions, and if for any reason
TENA{T's rights and obligations under the Sublease, as amended by this Addendum, are
Terminated then TENANT shall execute such documents (including recordable documents)
as may be reasonably provided by VBDA for purposes of establishing that the Sublease,
as amended by this Addendum is no longer of any force or effect
10 Except as amended herein, the remaining provisions of the Sublease shall remain in
full force and effect
IN WITNESS WHEREOF, this Addendum has been executed on behalf of
VBDA and TENANT as of the date first set forth above
VBDA
[Seal) CITY OF VIRGINIA BEACH DEVELOPMENT
Attest AUTHORITY
Secretary/Assistant Secretary
By
Chairman/Vice Chairman
TENANT
TPCof VIRGINIABEACH,LLc,
a Virginia limited liability company
By Tc>urnament Players Club of Virginia, Inc ,
a Virginia corporation and Member
By Authorized Officer
By Potomac Development Associates, L L. C ,
a Virginia limited liability company and
M e rnber
By Lind sland operating Properties, L P
a Delaware limited partnership,
Manager and Member
y Potomac Golf Properties LLC
Delaware limited liability company,
General Partner
i
By I (��.(Jl 2 V ff I I /
Authorized buicer
COMMONWEALTH F VIRGI I
CITY OF VIRGINIA BEACH, to wit
The foregoing Addendum to sublease Agreement was acknowledged Before me this
day of 1 2002, by �. _ Chairman/Vice-
Chairman of the City of Virginia Beach Development Authority, a political subdivision of
the Commonwealth of Virginia, on its behalf
Notary Public wT
My commission expires
COMMONWEALTH EALTH OF VIRGINIA
C1T to Wit
�L
3�k The f oregoang Addendum to Sublease Agreement was acknow ledq ed before me this
day f 1 2002, b�ELjj'
f Tournament Players Club of Virginia Beach, Inc , a Virginia
corporation, in its capacity as a member of TPC of Virginia Beach, L L C , a Virginia limited
liability company, on its behalf
/LILL -C 11=t,'► c '
Notary Public
My commission expires # � . � �kLI
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF��.L. etc V4to wit
The for going Addendum to Sublease A reerr� t as acknowledged before m thisas
day
FL of
Notary Public
My commission expires eL
L MMRM7P City of VS\First DraMADDEN SUBLEASE 6 do
EXHIBIT
[Description of Facility Site]
ALL THOSE CERTAIN tracts, pieces or parcels of land, situate lying and
being in the City of Virginia Beach Vir ima designated and described as
"LAKE RIDGE PROPERTY PORTION OF LEASE AREA = 12 472P455
SQ FT = 296 32815 ACRES" and "'PRINCESS ANNE COMMONS
PORTION OF LEASE AREA = 131 84v829 SQ FT = 27 19994 ACRES',
as shown on that certain plat entitled "AMENDED EXHIBIT PLAT, A.
PORTION OF LAKE RIDGE PROPERTY AND PRINCESS ANNE
COMMONS FOR TPC GOLF COURSE, VIRGIMA BEACH,
VIRGII IA" dated June 75, 2001, prepared by Bureau of Surreys,
Engineering Division, Department of public Works, City of Virginia
Beach, Virgim a, wbich plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virgima, Ln Map Book 304, at
pages I ] - 1
EXHIBIT B
[Desmption of Second Course Option Parcel]
ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and
being in the City of Virginia Beach, Virginia, designated and described a
"`PHASE TWO TPC GOLF COURSE AREA = 5,261,348 SQ FT =
120 78394 ACRES 711 ,as shown on that certain plat entitled "AMENDED
EXHIBIT PLAT A PORTION OF LAKE RIDGE PROPERTY FOR
PHASE TWO TPC GOLF COURSE, V IRGIi IA BEACH, IRGINIA",
dated June T, 2001, prepared by Bureau of Surreys, Engineenng Division,
Department of Public works, City of Virginia Beach, Virginia, which plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virgirua, in Map Book 304,, at pages 1 -- 1
EXHIBIT C
[Description of First Tee Facility Site]
ALL THAT CERTAIN tract, piece or parcel of land, situate, lying and
being in the City of Virginia Beach, virgirua, designated and described as
`FIRST TEE FACILITY SUB -LEASE AREA = 2,5715782 SQ FT
59 03998 ACRES'}, as shown on that certain plat entitled "EXHIBIT
PLAT, T C GOLF COURSE FOR SUB -LEASE BY HAMPTON
LOADS JUNIOR GOLF FOUNDATION FOR FIRST TB FACILITY,
VIF INIA BEACH, VIRGINIA13, dated June 7, 2001 , prepared by
Bureau of Surveys, Engineering Division, Department of Public Works,
City of Virginia Beach, Virginia, which plat is duly recorded m the
Clerk's Office of the Circuit Court of the City of Virgi a Beacon, virgnua,
in Map Book 3 04, at page 10
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Mutual Aid Agreement between the City of Virginia Beach and the Cities of
Chesapeake and Norfolk
MEETING DATE February 25, 2003
W Background The Cities of Virginia Beach Chesapeake and Norfolk have provided
mutual aid for emergency medical support for many years on an informal basis
,point training, medical protocol development, and other operational processes have
been coordinated either directly or under the Tidewater Emergency Medical
Services Council New regulations promulgated by the Virginia Department of
Health Office of Emergency Medical Services now encourages the use of written
mutual aid agreements between agencies sharing a common border
■ Considerations The City has no written emergency medical services mutual aid
agreements In order for the City to meet these new Virginia Department of Health
guidelines Council may authorize the City Manager to enter into formal mutual aid
agreements with the Cities of Chesapeake and Norfolk
a Public Information To be advertised to the same manner as other items on
Counoxi s agenda
■ Recommendations Approve Resolution
■ Attachments Ordinance, Material Terms of Agreement and Mutual Aid
Agreements
Recommended Action Approval
Submitting DepartmentlAgen y Emergency Medical Services
4:7414le
City Manager L �IT,
F 0atal T I rdin\N1 N D\ A arf,.% Pd
5
6
8
1
11
1
13
14
1
1
17
1
19
2
21
22
2
24
25
A RESOLUTION AU In li aI ING THE CITY VAN7AGZa
To EXECUTE MUTUAL AID AGREEMENTS FOR
EMERGENCY MEDICAL SERVICES WITH THE
CITIES OF HESAPEAKE AND NOIFLK
i hEFEAS, 12 VAC 5-31-630 B directs local governments to eater
a,nto mutual a3.d agreements for emergency medical services (EMS) wi-th
localities that share a common bonder,
WHEREAS, each of the parties hereto maintains equipment and
personnel for emergency medical response within its own
3 isdi.cta.n and areas, and for the protection of oo nunitres
within thea-r respective jura-sdi tj-ons that are s-ituated adDacent t
the other jurisdictions,
WHEREAS, at is recc gni ed that potential emergency med-Lcal
needs exist in Virginia Beach, Chesapeake and Norfolk which are
conceivably beyond the abilities of individual emergency medical
response forces supported by Virginia Beach, Chesapeake or Norfolk
to resolve individually, and
WHEREAS, Virginia Beach, Chesapeake and Norfolk are cognizant
f the oenefits which they will derive from mutual aid EMS assistance
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY of
VIRGIIIA BEACH, VIRGINIA
Treat the accompanying Mutual Aid Agreements for Emergency
Med.ical Services are hereby approved, and the C-ity Manager is
hereby authorized and directed to execute said agreements on behalf
of the City of Virginia Beach A summary of the material terms for
2
2
28
each agreement are attached hereto and a true copy of each
agreement is on f i 1 e with the Ca t y Attorney
Adopted by the Council of the City of Virginia Beach, Virginia
29 on the day of
C - 7 4
rdin n n .ode/EIS ChesapeakeNorfolk re
February 13, 2003
R2
APPROVED AS To CONTENT
T
Emergency ed-ical Services
Zoo
P PorJ D s TO LEGAL
SUF'F'�CIEi C
f
itv Attorney' of ice
2
SUMMARY F TERNS
Event - An incident requinna an emergency medical response that exceeds the equipment
t
and/or personal resources of the City's Emergency Medical Services MS
Mutual Aid Ageement - An agreement between localities that share a common boarder, t
provide emergency medical services in the event an incident occurs that requires resources
beyond those of the locality's EMS
Mature - Outlines the procedures for the City of Virgima Beach to provide and receive EMS
manpower and equipment, if available., in an effort to effectively respond to emergency
incidents
Term -This agreement is effective February 25,2003 and maybe terminated without cause
upon thirty days wntten notice by either party
In urance - Insurance requirements are met through the City of Virginia Beach's self
insurance program administered by Risk ly Management
F 1Datal T '\Ordin'NONCODE\Summar-Y of Mutual Aid ChesapcakeNorfolk wPd
MUTUAL -AID EMERGENCY MEDICAL SERVICES
CITY F 1 IRGI IA BEACH, VIRGINIA
AND
NO FOL , VIRGI IA
This mutual -aid emergency medical services (EMS) agreement entered into on
the 30th day of October, 2002, by and between the CITY of VIRGINIA BEACH,
VIRGI NIA, (hereinafter referred to as Virginia Beach, and the city of Norfolk, VIRGINIA,
(hereinafter referred to as Norfolk), each duly and lawfully represented by the
contracting officer executing this instrument
W IT NESSETH
Whereas, each of the parties hereto maintains equipment and personnel for
emergency medical response within its own jurisdiction and areas and for the
protection of communities within their respective jurisdictions that are situated adjacent
to the other jurisdiction and
Whereas, it is recognized that potential emergency medical needs exist in
Virginia Beach and Norfolk rh(ch are conceivably beyond the abilities of the emergency
medical response forces supported by either irg(nia Beach or Norfolk to resolve
individually and
Whereas, the parties hereto desire to augment the EMS protection available in
their contiguous and adjacent communities areas, and districts, in the event of mulb-
casualty incidents or disasters, and
Whereas Virginia Beach and Norfolk are cognizant of the benefits which they will
derive from mutual -aid EMS assistance
Therefore, the Parties hereto mutually agree as follows
POLICY
1 fin the event of an emergency medical incident occurring in Virginia Beach,
requiring Norfolk Fire Department assistance, Norfolk EMS equipment
and its personnel responding to Virginia Beach's call will be under the direction of their
own superv(sors, the senior supervisor taking directions from the Virginia Beach EMS
Department's senior supervisor present
2 In the event of an emergency medical incident in Norfolk7 requiring
Virginia Beach EMS Department assistance, Virginia Beach EMS equipment and its
personnel responding to Norfolk calf will be under the direction of their own supervisors,
the senior supervisor present taking directions from the Norfolk FireDepartment's
sensor supervisor present
3 The senior supervisor of the Fire/EMS department of the requesting party,
if present, shall assume full command of the operations, but if he specifically requests
senior officer of the fire or E MS department furnishing assistance to assume command,
he shall not, by relinquishing command, be relieved of his responsibility for the
operation
PROVISIONS FOR RESPONSE TO EMS INCIDENTS
I Whenever tt is deemed advisable by Virginia Beach's sensor EMS
Department Officer, or his representative, or Norfolk's Fire chief or his representative,
or by the senor officer of any fire EMS department of Virginia Beach or Norfolk actually
present at any emergency medical incident to request EMS assistance under the terms
of this agreement, he is authorized to do so, and the senior officer on duty at the
fire/EMS department receiving the request shall forthwith take the following action
a Immediately determine if apparatus and personnel can he spared in
response to the calls
h Identify what apparatus and personnel might be most effectively
dispatched
Norfolk
a Norfolk agrees to provide EMS equipment and personnel
response to emergency medical incidents in Virginia Beach at no
cost where such assistance ,s requested by the Virginia Beach
Senior EMS Department officer, or his representative or by the
senior off icer of Virginia Beach EMS Department actually present al
such incident as stated above
b In the event Norfolk receives a emergency medical alarm from
property in Virginia Beach, the alarm will be relayed immediately to
the Virginia Beach emergency communications center
Virginia Beach
a Virginia Beach agrees to provide EMS equipment and personnel
response to alarms of emergency medical incidents at no cost
here such assistance is requested by Norfolk's Fire Chief or his
representative or by the senior officer of Norfolk Fire Department
actually at such incident, as stated above This response will be
commensurate with the scope of the emergency involved and to th
extent that limitations of forces available at the time of the
occurrence will permit
b In the event Virginia Beach receives a emergency medical alarm
from property in Norfolk, the alarm will be relayed immediately to
the Norfolk emergency communications center
The rendering of assistance under the terms of this agreement shall not
e mandatory, but the party receiving the call for assistance should immediately inform
the requesting party, if: for any reason, assistance cannot be rendered
WAIVER FOR DAMAGE OR INJURY
1 Each party to this agreement waives all claims against the other party for
any loss, damage, personal injury or death occurring in consequence of the
performance of this agreement
IMPLEMENTATION
1 The chief fire/EMS officer and personnel of the fire EMS department o
both parties to this agreement are invited and encouraged, on a reciprocal basis, to
frequently visit each other's areas for guided tours and familiarization consistent with
local security requirements and, as feasible, to jointly conduct pre -planning inspections
and drills
2 The Chief officers of the fire/EMS departments of the parties to this
agreement are authorized and erected to meet and draft any detailed plans and
procedures of operation necessary to effectively implement this agreement
TERMINATION OF AGREEMENT
1 This agreement will be terminated without cause upon thirty days written
notice by any one of the Parties hereto to the other party
WITNESS THE FOLLOWING SIGNATURES AND SEALS
CITY of vI FAG I N IA BEACH
City Manager
City Attorney
CITY of NORFOLK
City hanger
City Attorney
Date
Date
Date
Date
MUTUAL -AID EMERGENCY MEDICAL SERVICES
CITY OF VIRGINIA BEACH, VIRGINIA
AND
CHESAPEAKE, VIRGINIA
This mutual -aid emergency medical services (EMS) agreement entered into on
the 30th day of October 2002, by and between the CITY OF VIRGINIA BEACH,
VIRGINIA, (hereinafter referred to as Virginia Beach, and the City of Chesapeake,
VIRGINIA, (hereinafter referred to as Chesapeake), each duly and lawfully represented
by the contracting officer executing this instrument
W I T N E S S E T H
Whereas, reas, each of the parties hereto maintains equipment and personnel for
emergency medical response within its own jurisdiction and areas, and for the
protection of communities within their respective jurisdictions that are situated adjacent
to the other jurisdiction and
Whereas, it is recognized that potential emergency medical needs exist in
Virginia Beach and Chesapeake which are conceivably beyond the abilities of the
emergency medical response forces supported by either Virginia Beach or Chesapeake
to resolve individually, and
Whereas, the parties hereto desire to augment the EMS protection available in
their contiguous and adjacent communities areas, and districts, in the event ofmulti-
casualty incidents or disasters, and
Whereas, Virginia Beach and Chesapeake are cognizant of the benefits which
they will derive from mutual -aid EMS assistance
Therefore, the Parties hereto mutually agree as follows
POLICY
1 In the event of an emergency medical incident occurring in Virginia Beach,
requiring Chesapeake Fire Department assistance, Chesapeake EMS equipment
and its personnel responding to Virginia Beach's call will be under the direction of their
own supervisors, the senior supervisor taking directions from the Virginia Beach Elks
Department's senior supervisor present
2 In the event of an emergency medical incident in Chesapeake, requiring
Virginia Beach EMS Department assistance, Virginia Beach EMS equipment ent and its
personnel responding to Chesapeake calf will be under the direction of their own
supervisors, the senior supervisor present taking directions from the Chesapeake Eire
Department's senior supervisor present
The senior supervisor of the Fire EMS department of the requesting part)
if present, shall assume f ulI command of the operations, but if he specifically requests
senior officer of the fire or EMS department furnishing assistance to assume comman
he shall not, by relinquishing command, be relieved of his responsibility for the
operation
PROVISIONS FOR RESPONSE TO EMS INCIDENTS
1 Whenever it is deemed advisable by Virginia Beach's senior Ells
Department officer, or his representative, or Chesapeake's Fire chief, or his
representative, or by the senior officer of any fire/EMS department of Virginia Beach or
Chesapeake actually present at any emergency medical incident to request Elks
assistance under the terms of this agreement, he is authorized to do so, and the senior
officer on duty at the fire/EMS departrnent receiving the request shall forthwith take the
following action
a Immediate(y determine if apparatus and personnel can be spared
response to the calls
b Identify what apparatus and personnel might be most effectively
dispatched
2 Chesapeake
a Chesapeake agrees to provide EMS equipment and personnel
response to emergency medical incidents in Virginia Beach at no
cost where such assistance is requested by the Virginia Beach
Senior ENDS Department officer, or his representative or by the
senior officer of Virginia Beach EMS Department actually present
such incident as stated above
b In the event Chesapeake receives a emergency medical alarm fro
property in Virginia Beach, the alarm will be relayed immediately t(
the Virginia Beach emergency communications center
Virginia Beach
a Virginia Beach agrees to provide Ells equipment and personnel
response to alarms of emergency medical incidents at no cost
where such assistance is requested by Chesapeake's Fire chief c
his representative or by the senior officer of Chesapeake Fire
Department actually at such incident, as stated above This
response will be commensurate with the scope of the emergency
involved and to the extent that iirnitations of forces available at the
time of the occurrence will permit
b In the event Virginia Beach receives a emergency medical alarm
from property in Chesapeake, the alarm will be relayed immediate
to the Chesapeake emergency communications center
The rendering of assistance under the terms of this agreement shall not
be mandatory, but the party receiving the call for assistance should immediately inform
the requesting party, if, for any reason, assistance cannot be rendered
WAIVER FOR DAMAGE OR INJURY
1 Each party to this agreement waives all claims against the other party for
any loss, damage, personal injury or death occurring in consequence of the
performance of this agreement
NPLEMENTATION
1 The Chief fire E MS officer and personnel of the fire El is department of
both parties to this agreement are invited and encouraged, on a reciprocal basis, to
frequently visit each other's areas for guided tours and familiarization consistent with
local security requirements and, as feasible, to jointly conduct pre -planning inspections
and drills
2 The Chief offticers of the fire/EMS departments of the parties to this
agreement are authorized and directed to meet and draft any detailed plans and
procedures of operation necessary to effectively implement this agreement
TERMINATION OF AGREEMENT
1 This agreement will be terminated without cause upon thirty days written
notice by any one of the Parties hereto to the other party
WITNESS THE FOLLOWING SIGNATURES AND SEALS
CITY OF VIRGINIA BEACH
City Manager
City Attorney
CITY OF CHESAPEAKE
City Manger
City Attorney
Date
Dante
Date
Date
State Board of Health Page 45 of 146
Virginia EMS Regulations
12 VAC 541 m63O Designated emergency response agency mutual aid
A designated emergency response agency shall provide aid to ail other designated
emergency response agencies within the locairty
B A designated emergency response agency sha11 maintain wrttten mutual aid agreements with
adjaceht designated emergency response agencies in another locality with which it shares a
common bander Mutual aid agreement(s) shall specify the types of assistance to be provided
and any oondnion(s) or limitation(s) for pro%nding this assistance
Article 2.
Emergency Medical Semces Vehicle Permit
12 VAC 5�31 AM EMS vehicle permit requiren
A A person may not operate or maintain any motor vehicle, vessel or craftas an EMS vehicle
without a v0d permit or in wolation of the terms of a valid permit
n EMS agency shall file wntten application for a perrnrt on fog specified by the Office of
EMS
C The Office of EMS may verily any or all mformafion contained in ihe application before
issuance
The Office of EMS shall inspect the ERAS vehicle for compliance voth the vehicle
requirements for the class in which a permit is sought
E An EMS vehide permit may be issued provided all of the following condfions are met
rt All informbon contained in the application is complete and collect.
2 The applicant m an EMS agency
3 The EMS vehicle is registered or permitted by the Department of Motor Vehicles or
approved equivalent
The inspec on meets the minimum requirements as defined in these regulations
EFFECTIVE JANUARY 1, 2003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM A Resolution Referring to the Planning Commission Proposed Amendments to
Sections 10 , 1 o , 1079108, 221, 1405 and 1605 of the city Zoning ordinance,
Pertaining to Written Notice and Posting of signs for Rezoning and other Applications
MEETING DATE February 2 , 2003
Background lender current provisions of the City Zoning ordinance, signs
containing information about planning items (rezonings, code amendments,
conditional use permits, BZA applications, etc) must be posted at lust 15 days
prior to the first public hearing at which the item is considered In addition, the
City Zoning Ordinance CZo incorporates by reference Virginia code provisions
requiring written notice to be mailed to adjacent property owners and certain
other persons at least 5 days prior to public hearings
■ Considerations The Resolution refers to the Planning Commission proposed
amendments to those provisions of the CZO which prescribe the time for posting
of signs and mailing of written notice The time for posting of signs would be
increased from 15 to 30 days prior to the public hearing at which an application is
to be fieard and the time by which written nonce must be mailed would be
increased from 5 to 15 days The proposed amendments would not apply to
applications fled prior to the date of adoption of the amendments
0 Alternatives The adoption of the Resolution would require the Planning
Commission to consider and provide a recommendation on the amendments
When the amendments themselves come before the city Council, the Council
may adopt, decline to adopt, or modify and adopt them
■ Public Information The amendments themselves will be advertised as a
regular planning item before both the Planning Commission and City Council
public hearings, in accordance with legal requirements
■ Recommendations Adoption of Resolution referring proposed amendments to
the Planning Commission
E Attachments Proposed Ordnance
Recommended Action Adoption of Resolution
submi tang Department/Agency Requested by Coun ilmernber Margaret L Eure
City Manager
1 REQUESTED BY COUNCILMEMBERF ET L EU E
2 A RESOLUTION REFERRING TO THE PLANNING
3 COMMISSION PROPOSED AMENDMENTS TO SECTIONS
105, 106, 1071 108, 221, 1405 AND 1605 OF THE
CITY ZONING ORDINANCE, PERTAINING TO WPITTEN
6 NOTICE AND POSTING OF SIGNS FOR REZONING AND
7 OTHER APPLICATIONS
8 WHEREAS, the public necessity, convenience, general welfare
and cool zoning practice so require,
10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIR INIA BEACH,
1.1 VIRGINIA
12 There is hereby referred to the Planning Commission, for its
13 consiaeration ana recommendation, proposea amendments to Sections
14 105, 106, 10 7 , 108, 221, 1405 and 1605 of the City Zoning
15 Ordinance, pertaining to written notice and posting of signs for
1.6 re .onj-ng and other applicatiLns A true copy of such proposed
17 amendments is hereto attached
18 COMMENT
19 The Resolution refers to the Planning Commission proposed amendments to those sections of
20 the City Zoning Ordinance whteh collain, or incorporate from the Virginia Code, requirements for
21 the posting of signs and the giving of written notice off' planning iterns (rezonings, conditional use
22 permits, nonconforming use res olutjon s, etc , Board of Zoning Appeals matters, and applxcat] ons for
23 wetlands and coastal prim rs sand dune permits
24 The amendments v+ould increase the time signs must be posted to 30 days prior to the public
25 hearing and the time b which wrLtten notices of public hearings must he matted from 5 to 15 day s
26 prior to the public hearing The proposed mailing requirements, however, do not apply to Wetland
27 Board applications, for which State law requires notices to be sent 20 days prior to the public hearing
28 The proposed amendinents would become effective for all applications filed after the date of
29 adoption of the proposed amendments so as not to interfere with applications which have already been
30 filed as of the date of adoption of the amendments
31 Adopted by the City Council of the city of Virginia Beach,
32 Virginia, on the day of
33 - 75
3 re t i e w d
35 -1
36 February 10, 2003
1 2003
APPROVED AS TO CONVENT
41.4303
Planning Veop-va�"rtment
APPROVED AS TO LEGAL
SUFFICI CY
IN
CI Attone s Of ice
r
I REQUESTED BY COJNCILMEMBER MARGARET L E R
2 AN ORDINANCE TO AMEND SECTIONS 1, 1, 17,
108f 221, 1405 AND 1605 OF THE CITY ZONING
OR INA1'3CE, PERTAINING "-"LO WRILTTEN NOTICE AND
POSTING OF SIGNS FOR REZONING AND OTHER
APPLICATIONS
7 Sect iorArerded City Zoning Ordinary e
Sections 1, 1, 17, 1, 221, 1405
and 1605
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA
12 That Sec -IL -ions 1101.1). 1 7 , lCnof 221, 1405 and 16015 of the City
13 Zoning Ordinance are hereby amended and reorda-ined to read as
14 foliw
15 Sec 105 Nonconformity
17 d Enlargement or extensior of nonconformity 170
18 nonconforming use shall be increased in magnitude No
19 nonconforming use sha�-1 be enlarged or extended to cover a greater
20 land area than was occupied by the nonconformity on the effective
21 date of this ordinance or amendment thereto No nonccnforming use
22 shall be moved in whole or in part to any other portion of the lot,
23 parcel, or structure not occupied by the nonconformity on the
24 effective date of this ordinance or amendment t eretc, and no
25 nonconforming structure shall, be moved at all except to come into
26 co pla-ance wi-th tale terms of this ordinance No nonconfor ing
27 structure Shall be enlarged, extended, reconstructed, or
r
28 structura.r altered, tie effect tnorase the
29 nonconformity As an e epti-on tc the above, any condxtxon of
30 development prohibited by this section may ne permitted b
31 resolution of the city council based upon its fa-ndirig that the
32 proposed conditicn is equally appropriate or more appropriate t
33 the district than is the existing nonconformity City Council may
34 attach such cond�t�ons and safeg.1ards to its approval as it deems
35 necessary to fulfill the purposes of this ordinance Applications
36 for the enlargement, extension or relocation of a nonconforming use
37 or structure Ezohall be filed with the planna_ng d2-rector The
38 aoplication shall be accompanied by a fee of one hundred
39 t rat y-fi-v dollars ( 12 to corer tie cost of publication of
40 notice of public hearing and processing Notice shall be given as
41 provided by Section 15 2l 204 of the Code of Virginia rovio
42 however, that written noti-ce a rescrabed th rea-n shall b even
43 at least fifteen 1 days prior to the _ r� „� sign shall be
44 pasted on the site in accordance with the requirements of section
45 10 f this ord�nanoe
46 COMMENT
47 The proposed amendment concerns notice of applications to enlarge, etc a nonconforming use
48 to another use It would require written notice to adjacent property owners to be given at least 15 days
49 prior to the Council hearing at which the application is heard Such applications do not require
50 Planning is : n action
51 e) (l) Conversa-on of a nonconforming use to another use No
nonconforming use shall be converted to another use which
0
53
5
56
58
9
60
61
6
63
6
65
66
67
6
69
7
7
73
7
7
6
does not conform to this ordinance except upon a
resolution of the city council authorizing such
conversion, based upon its finding that the proposed use
is equally appropriate or more appropriate to the
district than is the existing nonconforming use In the
resolution autnorizing such charge, the city council may
attach such c nditicns and safeguards to its approval a
it deers necessary to fulf-ill the purposes of this
ordinance When any nonconforming use is converted to
another use, the new use and accompanying conditions of
development shall conform to the provi-si-ens of thi-s
ordinance in each respect that the existing use conforms,
and -in any instance where the existing use does not
conform to those provil-os, the new use shall not be
more deficient Any such use authorized by the city
council shall thereafter be sub3ect to the provisions of
this section and to any conditions or restrictions
attached by the city council Applications for the
conversion of a nonconforming use or structure shall be
filed with the Planring director The application shall
be accompanied by a fee of one hundred twenty-five
dollars ($12 ) to cover the cost of publication of
nota.ce of publ-ic hearing and processing Notice shall be
given as provided by Section 15 2-22 4 of the code of
3
77 Virginia., -provided, however that written notice as
78 prescribed therein shall be given at least fifteen 1,5
79 days prior to the hearing A scan shall be posted on the
80 site in accordance with the requirements of section 108
81 of this ordinance
8
83 COMMENT
84 The proposed amendment concerns notice of applications to convert a nonconforming use t
85 another use It would require written notice to adjacent property owners to be gi-ven at least 15 days
86 prior to the City Council hearing at Nlvhih the application is heard Such applications do not require
87 Planning Commission action
88 Sec 106 Appeals and va .an s
89 (a) The board of zonj_a appeals shall hear and dec)-de appeals
90 from and order, reaquirement, dec_Lion, or determination made by an
91 administrative officer in the administration or enforcement of h3-
92 ordinance An appeal shall be filed with the zoning administrator,
98 and include the grounds of appeal, within thirty ) days of the
94 date of the decisa_on appealed, unless the notice of vaolation
95 involves temporary or seasonal commercial uses, parking of
96 ccmm roa-al trucks s i-n resadenta-al zoning districts, or si-milar
97 short-term recurring violations, in which case the appeal period is
98 ten (1 days from the date of the notice of violation All
99 decisions not timely appealed shall be final and unappealable I
10 addition thereto, the board shall have such other powers and duties
101 as are set forth in Section 15 2-2309 of the Code of-iraina-a,
4
102 provided, however, that the board shall have no authority to hear
103 and decide applroat ions for conditional use permits, and ,pr vided
104 further, that written notice as -prescribed in Section 15 2-2204 of
105 the Code of Virginia -shall be_ aiyen at least fifteen (1 days
106 prior to the hearing before the board
107
108 COMMENT
109 The proposed amendment concerns notice of applications of mat-ters coming before the Board
110 of Zoning Appeals It would require written notice to adjacent property owners to be given at least
11.1 15 days prior to the Board hearing at N% hi h the apph aUon is heard
112 Sea 107 Amendments
113
114 o Planning commission action, notice of hearing Before
115
making ar y recommendation on a
proposed
amendment, the plarnin
116
commission shall
give notice of a public
hearing thereon, as set
117
forth in section
15 2-22 4 of
the Code of
Virginia, as amended,
118
pr Sri ae, however,
that written
notice as
prs r i ed therein. shall
119
be ,aiven at least
fifteen ( 15)
days._ -Prior
to the harn
120
121 COMMENT
122 The proposed amendment requires NN ritten notice of rezoning applications and amendments
123 to the City Zoning Ordinance and Zoning Map to be given to adjacent property owners and certain
124 other persons at least 15 days prior to the pubIic hearing before the Planning Commission
sion
r --
125 Sec 108 Post--Lng of signs relating to applxoations for rezoning,
126 etc
127 (a) In any case in which a property owner or other authorized
128 person petitions the city council for the approval of any
129 application seeking a rezoning, conditional use permit, approval of
130 a PD-H1 or PD-H2 land use plan, resolution pertaining to a
131 nonconfcrming use or structure, subdivision or floodplain variance
132 or reconsideration of conditions, the applicant shall erect, on the
133 property which is the ub]ect of the application, a sign of a size,
134 tyre and lettering approved by the planning director One such
135 sign shall be posted within tern 10) feet of every public street
136 adDoining the property or in such alternate location or locations
137 as may be prescribed by the planning director Such sign shall be
138 erected not less try thirty (30) days before the
139 planning commission hearing, or if none, the city council hearing,
140 and shall state the nature of the application and date and time of
141 the hearing Such signs may not be removed until the city council
142 has acted upon the ap l2catzon, and shall be removed n later than
143 five ) as s thereafter In any case j-n whach the plannang
144 commission or city council determines that the requirements of this
145 section have not been met, the application shall be deferred,
146 provided, however, that the city council may, for any other
17 appropriate reason, deny sucn application
14 b) Applications before the board of zoning appeals shall be
149 subDect to the requirements of subsection (a) hereof Any
0
150
application
in which
such
requirements have not been met may be
151
deferred or
denied by
the
board
152
153 COMMENT
154 The proposed amendment requires signs containing information about planning items t b
155 posted 30, rather than 15, dai s, Prior to the meeting at Ns hicb the subject application is to be heard
156 Sec 221 Procedural requmrements and general al standards for
157 oondat3.onal uses
158
159
(d) Action by the planning commission After
receiving the
160
report of the director, with all pertinent related
material, the
161
planning commission shall give notice of and Mold a public hearing
162
in accordance with appiicable provisions of Virginia Code section
163
15 2-220rova ded however, that written notace
as prescribed
164
therein shall be even at Least fifteen 115) days
Drior to the
165
hearina Within forty --five (5) days after the
hearing, the
166
commission shall sabmit i-ts recorranendations to the
city council
167
through the planning director, provided, however, that upon mutual
168
agreement between the cormission and the appl � ar t ,
such time may
169
be extended
170
171 COMMENT
172 The proposed amendment requires i4ritten notice of conditional use permit applications t
173 be given to adjacent property owners and certain other persons at least 15 days prior to the public
174 hearing before the Planning Commission
7
178
h) Revocation of conditional use
permit If the
provisions
176
of this ordinance or the requirements of
the conditional
use permit
177
are not met, the e�ty council may revoke
the conditiona-1
use permit
178
after notate and earl-ng as provided
oy Virgi-nia Code
Se to on
179
15 2-22 4., provided, however,. that written� notice_ as
re robed
180
therein s�a11 be r-iver at least fifteen _ 1 3.or to the
181 hearing
18
18
184 The proposed amendment requires written notice of revocations of conditional use permit
185 applications to be given to adjacent property owners and certain other persons at least 15 days prior
186 to the public hearing before the City Council
187
188 See 1405 Public hearing procedure on permaLt appl3Lat.Loris
18 [wetlands permit applzLatxons]
190 Not later than si l-y 601 days after receipt a complete
191 application, the Wetlands Board small hold a pudic hearing on such
192 application The applicant, the city council, the commissioner,
1 the owner of record of any land ad3aent to the wetlands in
194 question, known claimants of water rights in or a 3 acent to tree
195 wetlands in question, the Virginia Institute of Marine Science, the
196 Department of Game and Inland Fisheries, the Virginia Dater Control
197 Board, the Department of Transportation and any governmental
198 agencies expressing an interest therein shall he notified of the
199 hearing The Board Shall mail such notices not less than twenty
20 2 days prior to the date set for tie e r�ng The Board shah
0
201 also cause notice of the hearing to be published at least once a
202 ,jeek for two ) aee?s pri-o� to suchearing �n a newspaper of
3 general circulation in the City of Virginia Beach The published
204 notice shall state that codes of the application may be examined
205 in the planning department The costs of such publication shall be
206 paid by the applicant The applicant shall also erect, on the
27 property which is the sub3eot of the bearing, a sign of a size,
208 type and lettering approved by the board One such sign shall be
9 posted within ten 1 feet of every public street adjoining the
210 property, and within ten {1 feet of any body of water or waterway
211 less than fire hundred o feet pride act] oining the property or in
12 such alternate location or locations as rray be prescribed by the
213 planning director Such sign shall be erected not less than
214 1 eTr thirty. 3 )_ days before the Wetlands Board hearing and
215 snall state the nature of the application and date and time of the
216 hearing Such signs shall be removed no later than fire ) days
217 thereafter In any case in which the Wetlands Board determines
218 that the requarements of this section have not been met, the
219 application shall be deferred or denied
22
221 The proposed amendment requires signs containing information about applications for
222 wetlands permits to be posted 30, rather than 15, d vs before the public hearing before the Wetlands
2 22 3 Board
22
01
225 sec 1605 Public hearxng procedure on per=t applxcat3.ons
2 [coastal pramary sand dune permit applxcatmons]
227 Not later than sixty ( days after receipt of a complete
28 application, the Wetlands Board shall hold a public hearing on the
229 application The applicant, city council, commissioner, owner of
230 record of any land adD aunt to the coastal primary sand dunes in
21 quest -ion, the
na .rttute of aye Science, the department
22 of Game and Inland Fisheries, the state dater Control Board, the
233 Department of Transportat2.on and any governmental agency expressing
234 an interest in the application shall be notified of the hearing
235 The Board shall rail these notices not less than twenty 2) days
236 prior to the date set for the hearing The Board shall also cause
237 notice of the hearing to be published at least once a week for two
233 (2) weeks prior to such hearing in the newspaper having a general
239 circulation in the City of Virginia Beach The casts of
240 publication shall be paid by the applicant The applicant shall
241 also erect, on the propertv which is the subD ect of the hearing,
22 sign of a size, type and lettering approved by the board One such
23 sign shall be posted within ten 10) feet of every public street
244 adjoining the property, and within ten (1 feet of any body of
245 water or waterway less than five hundred (500) feet wide ad3oining
246 the property or in such alternate l at�on or locations as may be
247 prescribed by the planning director such sign shall be erected
248 not less than thirty- o days before the Wetlands
29 Board hearing and shall state the nature of the application and
10
250 date and time of the hearing Such signs shall be removed no later
251 than fire ( dais thereafter In any case in which the Wetlands
252 Board determines that the recu.ireme is of this section have not
253 been met, the application shall be deferred or denied
254 COMMENT
255 The proposed amendment requires signs containing information about applications for coastal
256 primary sand dune permits to be posted 30, rather than 1, days before the public hearing before the
257 Wetlands Board
258 BE IT FURTHER ORDAINED BY THE CITY COUNCIL of THE CITE of
259 VIIIIA BEACH, VIRIIIA
260 That this ordinaroe shall not apply to any app13.ata-o ,
261 otherwise subDect to the provisions hereof, filed prior to the date
262 of adoption of this ordinance
263
Adopted
by
the Council of
the City of Virginia Beach,
264
Virginia, on
the
day of
, 2003
CA-8753
wMm o rd re post igno r inwp
February 1, 2003
-2
Approved as to Contents
Planning D partment
Approved as to legal
Sufficiency
r
ity Attorneys Office
11
r ��
=d
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM! A Resolution Referring to the Planning Commission Proposed Amendments to
Section 901 of the City Zoning Ordinance Allowing Public or Private colleges and
Universities as Permitted Principal Uses in the -2, B-3, - A and B-4 Business
Districts
MEETING DATE February 25, 2003
111111 Background colleges and universities are not presently allowed uses in any
Business Districts within the City
■ Considerations The proposed Resolution refers to the Planning Commission
proposed amendments to Section 901 of the city Zoning ordinance which would
allow public or private colleges and universities as permitted principal i a of -right)
uses in the -2 B- , -3A and B-4 Business Districts Adoption of the Resolution
would only require the Planning Commission to consider the proposed
amendments, ents, City Council would have to adopt the amendments themselves in
order for them to take effect
Public Information The proposed Resolution will be advertised as an ordinary
Council agenda item If it is adopted, the amendments themselves would b
advertised once per week for two successive weeks prior to both the Planning
Commission public hearing and the public hearing before the city Council
W Alternatives if the Resolution is not adopted, the amendments would not be
brought forward and the status quo would remain in effect, such that colleges and
universities would not be allowed in any of the City's Business Districts
E Recommendations mendations Adoption of Resolution
■ Attachments Proposed CZO amendments
Recommended ommended Action Adoption
Submitting Department/Agency Planning Department
City Manager � �{
1
A RESOLUTION REFERRING To THE
2
PLANNING CMMISSIN PROPOSED
3
AMENDMENTS TO SECTION 91 of THE
CITY Z 01IN I I ORDINANCE ALLOWING
PUBLIC OR PRIVATE COLLEGES AND
UNIVERSITIES AS PERMITTED PRINCIPAL
7
USES IN THE E-, B-, B-3A AND B-
USILNESS DISTRICTS
WHEREAS,
the public necessity, convenience, general
welfare
10
and good zoning
practice so require,
11
BE IT RESOLVED
BY THE COUNCIL of THE CITY of VIRGINIA
BEACH,
12
VIRINIA
13
There is
hereby referred to the Planning Commission,
for its
14
consideration
and recommendation, proposed amendments to
Section
15
901 of the
City Eonj-ng OrdjLnance allowi-ng public or
pravate
16
colleges and
universities as permitted principal uses in
the -2,
17
-31 B-3A and
-4 Business Districts A true Copy Of such
proposed
18
amendments is
hereto attached
19 Adopted by the City Council of the City of Virginia Beach,
20 Virginia, on the -- day of - -- - - -- -- -1 2003
21 A-71
22 mm r re Ile esre wpd
23 R-1
24 February 3, 2003
25 Approved as to Content
26
27
28 PZarning artrient
Approved as to Legal
Sufficiency
City Attorneys Office
I AN ORDINANCE CE TO INCLUDE PUBLIC OR PRIVATE
E
2 COLLEGES AND JNI EPSITIES AS PERMITTED
3 PRINCIPAL USES IN THE B- , B-- , B- A AND B- 4
BUSINESS DISTRICTS
5
Section Amended City Zoning ordinance
7 Section 901
ARTICLE 9 BUSINESS DISTRICTS
9
10 Sec 93 Use reulatmon
11 a Princ3-pal nand ndi-ti-nal uses The folic -ing chart
12 Iists those uses permitted ith3-n the B-1 through B-4 Business
13 Districts `hose uses and structures -Ln the respective business
14 districts shall be perm]-tted as either principal uses indicated by
15 a IT" or as condit3 Ilal uses indi-cated by a " " Uses and
16 structures indicated by are " " shall be prohibited in the
17 respective districts No uses or structures other than a
16 specified shall be permitted
1 Use - 1 -lA B� B- B-3A B-
20
21 Colleges and uni-
22 versiti s, -,P-Li lic
23 or . Qr ivate x x P P P P
24
25 COMMENT
26 The amendment allows public or private colleges and universities as permitted principal uses
27 in the B-, B-3, B-3A and B-4 Business Districts
28 Approved as to Content
Tare ncjOo5epartmet
Approved as to Legal
Sufficiency
, fj,,
City ttorney' Office
CA -8 7 7
wmm ordres oo11e gesor in wpd
February 3, 2003
-
. 7^
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Encroachment Request Cabral and Debbie Cabral at 2845 Sandpiper Road
MEETING DATE February 25 200
■ Background Julio and Debbie Cabral have applied for an encroachment to build
a pier and access in Bass inlet East, which is located behind their house an
Sandpiper Road in Sandbridge Beach
Considerations staff has rev(ewed this request and has no objections to this
encroachment from an operational and maintenance standpoint There are other
similar approved encroachments in this canal, including recently approved similar
type encroachment for a pier and access for this same applicant on property they
oven on Bluebill Drive, which is on the other side of this canal
U Public information Advertisement of City Council Agenda
■Alternatives Approve the encroachment as requested, deny the encroachment,
r add conditions as desired by Council
■ Recommendations Staff recommends approval of this encroachment subject to
the applicant complying with conditions set forth in the agreement
Authorize city Manager to sign agreement
0 Attachments Ordinance, Location flap, Agreement with plat attached, Photos
Recommended Action Approve request and authorize City Manager to sign agreement
Submitting Department/Agency Public Works/Real Estat+40
City ManagerQ Ic q VNL
I Requested by Department of Public Works
0 R D I N A N C E T
AUTHORIZE A TEMPORARY
4 ENCROACHMENT INTO A
PORTION OF THE CITY B
PROPERTY KNOWN AS BASS
INLET EAST BY J LIO CABRAL
8 AND DEBBIE CABRAL, THEIR
HEIRS, ASSIGNS AND
10 SUCCESSORS S IN TITLE
11 WHEREAS JULIO CABRAL AND DEBBIE CABRAL, desire to construct and
maintain a pier and access upon the city s property located at Bass Inlet East in
Sandbrid e Beach
1A WHEREAS City Council is authorized pursuant to §§ 15 2-2009 and 15 2-
15 2107, code of Virginia, 1950 as amended to authorize a temporary encroachment upon
16 the City s property subject to such terms and conditions as Council may prescribe
1-1 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
is of VIRGINIA BEACH, VIRGINIA
IQ That p u rs u a nt to the a thorityand to the a te nt thereof contained in §§ 15 2-
0 2009
and 15 2-2107 Code of Virginia, 1950, as amended, JULIO CABRAL and DEBBIE
CABRAL their heirs, assigns and successors in title are authorized to construct and
-)2 maintain a temporary encroachment for a pier and access upon the City s property as
.&J shogun on that certain plat entitled PROPOSED PIER IN NORTH BAY SANDBRI GE
24 VIRGINIA BEACH, VA APPLICANT JULIO CABRAL last revision date 1 2, a copy
� of which is on file in the Department of Public Works and to which reference is made for
a more particular description and
7 BE IT FURTHER ORDAINED, that the City Manager or his authorized
23 designee is hereby authorized to execute the Agreement and
E IT FURTHER F DAI ED that this Ordinance shall not be in effect until
-�C such time ,.Julio Cabral and Debbie Cabral and the City Manager or his authorized
designee execute the Agreement
Adopted by the Council of the City of Virginia Beach, Virginia on the
3 day of
4
35
7
4U
41
4
4j
A
PREPARED ED January 7 2003
H MP E NED 1E � abr l ord wpd
A ROVED AS TO CONTENTS
�t C O 910� 6
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND. -FORM
CITY ATTrORNEY
r mrA to tsr r/yv LNU LAUD DEFT JM 7 2 003
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY S OFFICE
EXEMPTED FROM RECORDATION TAXES UNDER
SECTIONS 58 1 811(a)( ) AND 58 1 811( )(4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25 249
THIS AGREEMENT, made this 'day o
by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of VirgiLnia, the "City", Grantor,
and JULIO C RAL and DEBBIE CABPAL, his 3rife, THEIP EIRS!
ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than
one)
I T N E S S E T H
WHEREAS, the Grantee is the owner of that certain lot,
tract or parcel of lard designated and described as. Lot 32,
Tract B. Section 3 in Sandb ridge Beach, M B 51, at Page 25),
and being further des-ignated and descr3-bed as 2845Sandp-1per
Road, Virginia Beach, ETA 23456, and
WHEREAS, it is proposed by the Grantee to construct and
maintain a pier and access, a "Temporary Encroachment" Ln the
City of Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a
portion of an existing City property known as Bass Inlet East,
the "Encroachment Area", and the Grantee has requested that the
City per a-t a Temporary Encroachment within the Encroachment
Area
t
f
OW, THEREFORE? for and in consideration of the premises
and of the benefits accruing or to accrue to the Grantee, and for
the further consideration of one Dollar $1 0 in hard paid t
the City, receipt of which is hereby acknowledged, the City doth
grant to the Grantee permission to use the Encroachment Area for
the purpose of constructing and maintaining a Temporary
Encroachment
It is expressly understood and agreed that the 'temporary
Encroachment will be constructed and maintained in accordance
with the laws of the Commonwealth of Virginia and the City o
Virginia Beach, and in accordance with the City' s specxf ications
and approval and is more particularly described as follows,to-
wit
Temporary Encroachment into the Encroachment
Area as shown on that certain plat entitled
"PROPOSED PIER IK NORTH EA SAND RIDGE
IRGINIA BEACH, VA APPLICANT JULIO CAERAL" ,
Dated 4/8/02 , and reprised last on 10/ 4/02 , a
copy of wh.1ch -is attached hereto as Exhibit
"All to which reference is made for a more
particular description
It is further expressly understood and agreed that the
Temporary Encroachment herein authorized shall terminate upon
notice by the City to the Grantee, and that within thirty o
days after the notice is given the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee, and that the
Grantee will bear all costs and expenses of such removal
It is further expressly understood and agreed that the
Grantee shall indemnify and hold harmless the City, its agents
and employees, from and against all claims, damages, losses and
expenses, including reasonable attorney'attorney's fees, in case it shall. �
2
be necessary to file or defend an act3-on ari-sing out of the
location or existence of the Temporary Encroachment
It is further expressly understood and agreed that
nothing herei-n contained shall be construed to enlarge the
permission and authority to permit the maintenance or
construction of any encroachment other than that speciLfied herein
and to the limited extent specified herein, nor to permit the
maintenance and construction oL any encroachment by anyone other
than the Grantee
It is further expressly understood and agreed that the
Grantee agrees to maintain the Temporary Encroachment so as not
to become unsightly or a hazard
It is further expressly understood and agreed that the
Grantee must obtain a pe mat from the Waterfront operations
DiLvisi-n of the Planni-ng Department prior to commencing any
construction within the Encroachment Area
It
is further
expressly understood and agreed
that the
Grantee must
obtain an
approved Joint Permit Application
from the
Waterfront operations Division of the Planning Department before
commencing any construction within the Encroachment Area
It is further expressly understood and agreed that the
Grantee must obtain and ]peep 3-n force all-risk property insurance
and general liability insurance) or such insurance as is deemed
necessary by the City, and all insurance policies must name the I
City as additional named insured or loss payee, as applicable
The Grantee also agrees to carry comprehensive general liability
5 000 combined single
�
insurance in are amount not less than� . g
3
limits of such insurance policy or policies The Grantee will
provide endorsements providing at least thirty o ) days mitten
notice to the City prior to the cancellation or termination ,
or matey-ial change to, any of the insurance pol-ides The
Grantee assumes all responsibilities and liabilities, crested or
contingent, with relation to the Temporary Encroachment
It is further expressly understood and agreed that the
Temporary Encroachment must conform ro the minimum setback
requirements as established by the City
It is further expressly understood and agreed that the
Grantee must submit, for review and approval, a survey of the
Encroachment Area certif-ied by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the
Temporary Encroachment sealed by a registered professional
engineer, if required by eiLther the City Engineer's office or the
Engineering Division of the Department of Public Utilities
it is further expressly understood and agreed that the
City, upon revocation of such authority and permission so
granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee and collect the cost in any manner
provided by law for the collection of local or state taxes . may
require the Grantee t o remove the Temporary Encroachment and,
pending such removal, the c3-ty may charge the Grantee for the use
of the Encroachment area the equivalent of what would be the real
t
property tax upon the land so occupied if it were owned by the
Grantee, and, if such removal shall not be made within the time
ordered her inabove by thi-s Agreement, the City may impose a iI
4 {
ti
penalty in the sum of one Hundred Dollars ($100 00) per day for
each and every day that the Temporary Encroachment is allowed to
continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of
local or state taxes
IN WITLESS WHEREOF, JULIO CAB AL and BEBBIE CAB AL, his
wife, the said Grantee has caused this Agreement to be executed
by their signatures and seals duly affixed Further, that the
City of Virginia Beach has caused this Agreement to be executed
in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk
(SEAL)
ATTEST
C2ty Clerk
5
CITY of VI GI IA BEACH
By
City Manager/Authorized
Designee of the City Manager
41� (SEAL)
l io Carbra
`� --' SEAL
ebb1e Cab l
�er C' o�usa�
STAVE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before me
this day o f , 20 , by
City Sanager /Auth r i
Designee of the City Manager, on behalf of the CITY GE VIRGINIA
BEACH He/She is personally known to me
Notary Public
My Commission Expires
STATE OF VIRGINIA
CITY GE VIRGINIA BEACH, -wit
The foregoing instrument was acknowledged before m
thi-s far of 1 20 ,, by
RUTH HODGES SMITH, City Clerk for the CITY OF VI GINIA BEACH
Notary Public
My Commission Expires
STATE OF VLvu1aC�$100
CITY/COUNTY OF )h&41A1jA ~ k aa_h , to -wit
The foregoing instrument was acknowledged before me
this � day of OJ � 20�_, by
JULZO CABRAL and DEBBIE CABRAL, his wife
My commission Expires 06
0
Notary lKibl 1c
I
Encroachment for Julio & Debbie Cabral
2845 Sandpiper Road
Looking across Bass Inlet East at
applicant's house at 2845 Sandpiper Road
0
Looking South at bank behind applicant's
house showing location of pier and access
( f)
Page 2
Encroachment for Julio & Debbie Cabral
at 2845 Sandpiper Road
Looking North at bank behind apphcant'�
house showing location of pier and access
CITY OF VIRGINIA BEACH
AGENDA ITEM
�M Encroachment Request - 4469 Blackbeard Road Proposed pier, h1t and ramp mto
Lake Joyce
MEETING DATE 02/25/03
■ Background The GST Exemption Trust has requested a encroachment into a portion of
city owned property mown as Lake Joyce for the purpose of constructing and maantauung
a pier, lift and ramp
■ Considerations City staff have reviewed the request for the encroachment of the
proposed pier, lift and ramp and recommended approval of same subject to certain terms
and conditions autlmed of the attached agreement
■ Public Information Advertisement of City Council Agenda
■ Alternatives Approve encroachment subject to the terms and conditions of the
agreement, deny the encroachment or add conditions as desired
■ Recommendations Staff recommends approval of this request subject to the terms and
conditions of the agreement
E Attachments Ordinance Location Map, Agreement, Plat, Photos
Recommended Action Approval
Submitting DepartmentlAgency Public Works
City Manager ��
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 TEMPORARY ENCROACHMENTS INTO A
4 P4R7'I4N OF LAKE JOYCE BY THE GST
5 EXEMPTION TRUST ITS, HEIRS, ASSIGNS
6 AND SUCCESSORS IN TITLE
7 WHEREAS THE GST EXEMPTION TRUST desires to construct and
8 maintain an existing pier proposed pier, lrk and ramp into a portion Lake Joyce
9 WHEREAS, City Council is authonzed pursuant to §§ 15 2-2009 and 15 2-
10 2107, Code of Vugima, 1950, as amended to authonze temporary encroachments upon the
11 City's right-of-way subject to such terms and conditions as Council may prescnbe
12 NOW, THEREFORE BE IT ORDANED B Y THE COUNCIL OF THE CITY
13 OF VIRGINLA BEACH, VIRGINIA
14 That pursuant to the authority and to the extent thereof contained in § § 15 2-
15 2009 and 15 2-2107, Code of Virguna, 1950, as amended THE GST EXEMPTION TRUST,
16 its, assigns and successors m title are authorized to coast met and mamtam a proposed pier,
17 lift, and ramp mto a portion of Lake Joyce located at the rear of 4469 Blackbeard Road.,
18 Section 1, Lot 2 81 B1oc 1, B a rlal a Pores as shown on the map enlatle " PROPOSED PIER,
19 LEFT & RAMP IN LAKE JOYCE AT 4469 BLACKBEAR.D ROAD VIRGDVIA BEACH
20 VA 23455 APPLICATION BY GST EXEMPTION TRUST SHEET 1 OF I DATE
21 FEBRUARY 121 2002111 copy of wtuch is on file m the Department of Public Works are
22 to whsch reference is made for a more pamcutar desenpton and
23 BE IT FURTHER ORDAINED, that the temporary encroachments are
24 expressly subject to thane terms, conditions and cntena contauied in the Agreement between
the City of V g Beach and THE GST EXEMPTION TRUST, t �' r rr� r�t�# �inch
26 is attached hereto and incorporated by reference, and
27 BE IT FURTHER ORDAINED that the City Manager or his authonzed
28 designee is hereby authorized to execute the Agreement
29 BE IT FURTHER ORDAINED, that this Orduiance shall not be m effect until
30 such tune as THE GST EXEMPTION TRUST and the City Manager or his authorized
31 designee execute the Agreement
32 Adopted by the Council of the City of Vugima Beach, Vu-guua, on the
3 &Y of , 2003
34 A-#
35 PREPARED ED January 7 2003
APP ED AS TO CONTENTS
7/ C O S/ h
SIGNATURE
PU R4 Fhi�&
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICY AND FORM
Ga" { I Nye,
CITY ATTORNEY
LAKE
JOYCE
PREPARED BY VIR MA BEACH
CITY ATTORNEYS OFFICE
EXENTED FROM RECORDATION 7`XF-
UNDER SECTIONS 58 1- 11 aX )
AND 5 8 1 811 c 4 REDvMURSENfI T
AUTHORIZED UDDER SECTION 25 249
M&
TS AGREEMENT, nnc this A/or V� day of , 20Z.-Pand
between the CITY f� �GINIABEACH VIRG IA►, a muracip corporation, Grantor, "C�ty' ,
and THE GST EXEWTI N TRUST, ITS SIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee'', even though more than one
W I T N E S S ET
That, V REAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and descnbed a "SECTION 1, LOT 28, BLOCK 1, BAYLAKE PINES' and being
further designated and described as 4469 BLA KBEARD ROAD, Virgima Beach, Virginia 2 45 5,
and
That WHEREAS, it 1s proposed by the Grantee to construct and mwntain a
PROPOSED PIER, LIFT AND RAW,, "Temporary Encroachment"', m the City ofVrrguua Beach,
and
WBERE S, rn constructing and maintainmg the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion ofan existing City property known as Lake Joyce
"The Temporary Encroachment Area'', and the (grantee has requested that the City pern t
Temporoxy Encroachment within The Encroachment Area
GPIN 1479--997
NOW � THEREFORE, for and in consideration of the prenuses and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 00), in hand
paid to the City, receipt of wuch is hereby acknowledge, the City doth grant to the Grantee
perrrussion to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment vn11 be
constructed and rn intarned in accordance with the laws of the Commonwealth of Virginia and the
City of Virguna Beach, and in accordance with the City's specifications and approval and is more
particularly desenbed as follows to wit
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled
"PROPOSED PIER, LIFT & RAND IN LADE
J Y EAT 446 BLA I BE ARD ROAD VIRrYNI
BEACK VA 23455 APPLICATION BY GST
EXEMPTION TRUST SHEET I OF 1 DATE
E RUARY 12 2002 REV APRDL 21, 2002
REV MAY 7, 2021>1' a copy of which is attached
hereto as EXI-II IT "A" and to which reference i
made for a more particular descrrt}n
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that wittun tturty (30) days after
the notice is Doren, the Temporary Encroachrnent must he removed from The Encroachment Area
by the Grantee, and that the Grantee mnll hear all costs and expenses of such removal
It is further expressly understood and agreed that the Grantee shall mdemiufy and hold
harmless the City its agents and employees, from and against all c1mms, damages, losses and
expenses including reasonable anomey's fees in case it shall be necessary to file or defend end are action
arising out of the location or a sten a of the Temporary Encroachment
2
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the perrmssi4n and authonty to pernut the maintenance or construction of any
encroachment other than that specified herein and to the lumted extent specified herein, nor to perrrut
the mwntenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroaclunent so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain a penmt
from the Office of Development Services Center/Planning Department prior to commencing any
construction vntlun The Encroachment Area
It is further expressly understood and agreed that prior to issuance of a nt of way
pest, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-n property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional ruined msured or loss payee,
s applicable The Grantee also agrees to carry comprehensive general liability insurance in an
mount not less than S500,,000 o , combined single linuts of such insurance policy or policies The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City pnor
to the cancellation or to unation of, or maten l change to, any of the insurance policies The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a surrey of The Encroachment Area certified her a r &nstered professional engineer
91
or a licensed land surveyor, and/or 'gas built" plans ofthe Temporary Encroachment sealed bar
registered professional engrneer, if required by either the City ngmeer}s Office or the Engineenrig
Division of the Public Utilities Department
It is further expressly understood and agreed that the City, upon revocation of such
authonty and permission so granted, may remove the Temporary Encroachment and charge the cast
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes may require the Grantee to remove the Temporary Encroachment, and pending such
rernoval, the City may charge the Grantee for the use of The Encroachment Area, the egwv lent of
what would be the real property tax upon the land so occupied if it were owned by the &antee, and
if such removal shall not be made vvsthin the time ordered herein above by this Agreement, the City
may unpose a penalty in the sum of One Hundred Dollars ($10Q 00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection oflocal or Mate taxes
IN WITNESS Iv R OF, CHARY DEW SCHERMERHORN., TRUSTEE, the saYd
Grantee has caused this Agreement to be executed by his signature and seal duly affixed Further,
that the City of Virginia Beach has caused tfus Agreement to be executed in its name and on its
behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk
(SEAL)
ATTEST
City Clerk
CITY OF VIRGINIA BEACH
H
B
City M n er uth n ed
Designee of the City Manager
i
� 1
I
Ew scHERMERxoxrj 1
TRUSTEE OF THE GST j
EXEMPTION TRUST
STATE OF VIRGIMA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before one is day of
�, by , CITY MANAGER/AUTHORIZED DESIGNEE OF
THIE CITY MANAGER
Notary public
My Comrmssion Expires
STATE OF VIRGINIA
CITY OF VIRGMA BEACH to -wit
The foregoing instrument was acknowledged before nee thus day of
�by RUTH HODGES SMITH,City Clerk for the CITY OF VIRGMA BEACH
Notary Public
My Crnrmsjon Expires
5
4
STATE f r ,,-3
CITY/COUNTY OF to -wit
The foregoing instrument was acknowledged before me this , & day of w �4z
4P 20e by GARY DEW SCHERMERHORN, TRUSTEE
My Comnussion Expires
APPROVED AS TO
LEGAL SLJFFICIE Y
CITY ATTORNEY
C�
otajy Public -
APPROVED AS TO CONTENT
OTY REAL ESTATE AGENT
� OHW AT FACE OF BULKHEAD
woOD BULKHEAD
0
I P F i � AN
r \`
PROPOSED
PIER AND UFT
ol
LOT 28
c
0
ONE STORY BRICK{
ion# 4.46 9
jl;�tj
L07 27 9 �
N/F GEQRGE W ACKL�Y III
1479-89-084
CD
LF
SITE DATA L-67 35
LOT 28 6LO K ONE BAYLAKE PINES "50
00
FIEF MB 31 P iPF
PIN 14 —8 --03 7
ZONED R-10
LAKE JOYCE
OWNED BY
THE an OF
VIRGINIA BEACH
co
ASPHALT
DRIVE
to
LOT 29
N F VICTORIA G ZIMMERMAN
1 7 0— — O1
!PF
PROPOSED
12 x 5
CONC. RAMP
EYJ T
PIER
ROAD (50 PLAN VIEW
LACKBEAR� SCALE ,„ = 40
B
REV APRIL 21, 2002
CQ 2002 WATERFRONT GONSUL7ING INC ALL RIGHTS RESERVED REV MAY 7, 2002
PURPOSE BOATiNG ACCESS PROPOSED PIER LIFT &RAMS
DA AKE JOYCE
A PCS MMSL = 00 WATERFRONT AT �4 6IvIRGINIA9 SLACKBEARD ROAD
1 GEORGE W ACKLEY III CONSULTING, INC APPLICATION BEACH, VA 23455
2 VICTORIA G ZIMMERMAN
1112 JENSEN DRIVE STE 206 SST EXEMPTION CRUST
VIRGINIA BEACH VA 23451
PHONE/FAX (757) 425-8244 SHEET 1 OF 1
DATE FEBRUARY 12 2002
EXHIBIT "A"
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Encroachment Request to construct and maintain a pier and boat lift for
Michael T and Patricia B Dunham
MEETING DATE February 25 200
■ Background
Mr and Mrs Dunham desire to construct and maintain a pier and boat lift in the
Lynnhaven Promenade at the rear of their property are Crab Creek
■ Considerations
City Staff has reviewed the requested encroachment and has recommended
approval of same, subjected to certain conditions outlined in the agreement
There are encroachments of the same nature surrounding Crab Creek, where
the Dunhams desire to construct their encroachment
■ Public Information
Advertisement of City Council
■ Alternatives
Approve the encroachment as presented, deny the encroachment or add
conditions as desired by City Council
■ Recommendations
Approve the request subject to the terms and conditions of the agreement
Attachments
Ordinance Location Map, Agreement, Plat, and Pictures
Recommended Action Approval of the ordinance
Submitting DepartmentlAgency Public Works 1 Real stat ,
City Manager }- t ff4l'k
1
4
7
9
I
14
1
1
17
1
1
20
21
2
2
2
2
Requested by Department of Public Works
A14 ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
Ri hT-OF-WAY AT 2078 TAZEWELL ROAD
BY M T C HAE L T D U HAM AND PAT R I C T A B
DUNHAM , ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Michael T Dunham and Patricia B Dunham,
husband and wife, desire to construct and maintain a pier and boat
lift into the Cityls rights -of -way located at the rear of 2078
Tazewell Road on the Lynnhaven Promenade
hERE .S, City Counci 1 is authorized pursuant to 15 2-
2009 and 15 2-21071 Code of Virginia, 19 5 0 , as amended, to
authora-e a temporary encroachments upon the City' s ra-ght-o -way
subject to such terms and conditions as Council may prescribe
NOW, , THEREFORE BE IT ORDAINED BY THE 0U CIL OF THE Im
OF VIRGINIA BEACH, VIRGINIA
That pursuant to the authority and to the extent thereof
contained in §§ 15 2-2009 and 15 2-21.7, Code of Virginia, 1950, as
arnerided Michael T Dunham and P a r a-1 a B ' unh a r, assigns and
successors -in title are authorized to construct and maintain a
temporary encroachment for a pier and boat li-ft in the City'
right-of-way as shown on the map entitled "'PROPOSED PIERS & BOAT
LIFT IN CRAB CREEK V I R I IA BEACH F VA APPLICANT MIKE DUNHAM
4 1 TV,a copy of which is on f ile in the Department of Public
2
2i
28
O
I
33
32
5
36
8
39
40
41
42
4
4
45
4
47
48
4
50
51
Works and to which reference is made for a more particular
description, and
BE IT FURTHER O DATNE , that t'2e temporary encroac�ane is
are expressly subject to those terms, conda-tions and criteria
contained in the Agreement between the City of Virginia Beach and
is aei T Dunham and Patricia 9 Dunham, kth "Agreement") which
is attached 1,ereto and incorporated by relEerence, and
E IT FURTHER ORDAINED that the Ca-ty Manager or his
authorized designee is hereby authorized to execute the Agreement
E IT FURTHER ORDAINED, that this Ordinance shall not be
.,n effect until such time as Michael T Dunham and B
Dunham and the city Manager or his authorized designee execute the
Agreement
Adopted by the Council of the City of Virginia Beach,
Virginia, on the dad of if 2003
A-#
gsaimons dunham/ ord
-1
PPE PARED 01 Z'29 013
APPROVED AS TO CONTENTS
C <CVL-
&kfF-
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND
CITY O Y
TA EWELLDG ] mis PREPAID BY P/W ENG DRAFT JAB 28,2003
-- ,
PREPARED BY VIRGU14TA BEACH
CITY ATTORNEYS OFFICE
EXENT ED FROM RECORDATION TAXES
L DER SECTIONS 5 8 1- 11 a
AND 58 1 811 4 REV LTRSENMNT
AUTH RI ED UNrDER SECTION 25 24
THIS AGREEMENT, EI T, made flus day of , by and between
the CITY OF VIRGINIA BEACH, IV IRGII IA, a mumcipal corporation, Grantor, 'City , and
MICHAEL T DLNHAM and PATRICIADL HAI I, husband and wife , THEIR HEIRS
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one
W I T N E S S E T H
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of lard
designated and described as " THREE STONY FRAME # " as shown on "EXHIBIT " " PLAT
F CRAB CREEK C ND NII IUM BAYSIDE BOROUGH - VIRGINIA BEACH VIRGINI
SCALE 1'} = 1 ' JA UARY 28,, I 87", as recorded In M B 2633,atpage416 In the Clerks
Office of the Circuit Court of the City of Virgima Beach, Virginia and described as 2078 Tazewell
Road, Virginia Beach, Virgmia 23455,
WHEREAS, it is proposed b the Grantee to construct and mamtam a pier and boat
lift "Temporary Encroachment", in the City of Virua Beach,
WEEREAS, in con truetmg and niauntaunng the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of wav known as
Lynnhaven Promenade "The Temporary Encroachment Area", and
WHEREAS, the Grantee has requested that the Cit p rant a Temporary
Encroachment within The Encroachment Area
PIN 1 4--23-0
NOW, THEREFORE, for and in consideration of the prermses and of the benefits
accrmg or to accrue to the Grantee and for the fitrther consideration of One Dakar ($100), m hand
paid to the City, receipt of wfuch is hereby acknowledged the City doth grant to the Grantee
pernussion to use The Encroachment Area for the purpose of constructmg and nmintaming the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will he
constructed and mamtwned m accordance with the laves of the Commonwealth of Virguma and the
City of Virginia Beach and m accordance with the Crty's specifications and approval and is more
particularly described as follows, to wit
Temporary Encroachment into The Encroachment
Area as shown on that certam plat entitled
"PROPOSED PIERS & BOAT LIFT IN CRAB
CREED VIRGINIA BEACH VA APPLICANT
MIKE DLNHAM"a copy ofwhr h is attached hereto
as Exhrbit "A" and to whach reference 1s made for a
more particular description
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terrrunates upon nonce by the City to the Grantee, and that vsntlun tturtv (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee, and that. the Grantee w h hear aU costs and expenses of su n removal
It 2s further expressly understood and agreed that the Grantee shall mdemmfy and hold
harp ess the City, its agents and employees, from and against all clams, damages losses and
expenses mclud g reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or ex fence of the Temporary Encroachment
It is further expressly understood and agreed that nothing herein contained shall b
construed to enlarge the pernrussron and authonty to pemut the maintenance or construction ofan
encroachment other than that specked herein and to the linuted extent specked herein nor to perrmt.
the m=tenance and construction of any encroachment by anyone other than the Grantee
It is ffirther expressly understood and agreed that the Grantee agrees to rr aantam the
Temporary Encroachment so as not to become unsightly or a hazard
It is fmher expressly understood and agreed that the Grantee must obtain a perm
from the Office of Development Semees Center Phinning Department prior to commencing any
construction within The Encroachment Area
It is f u tber expressly understood and agreed that prior to issuance of a right of moray
pen t the Grantee must post sureties, m accordance with their engineer's cost estumte, to the
Office of Development Services Center/Plannmg Department
It is farther expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general babihty or such msurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable The Grantee also agrees to carry comprehensive general hablhtv insurance m an
amount not less than $500,000 00,, combined smgle its of such insurance pohcy or policies The
Grantee unll provide endorsements provxdmg at least thirty (30) days v+mtten notice to the Cary prior
to the cancellation or tenmination of or material charge to, any of the insurance policies The
Grantee assumes all responsibilities and hahi1ities, crested or contingent, with relation to the
Temporary Encroachment
It is further expressly understood and agreed that the City, upon revocation of such
authority and pern ssion so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost m any manner provided by lave for the collection of local
or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such
3
removal, the City may charge the xrantee for the use of The Encroachment Area, the a wvalent of
ghat would be the real property ta--.K upon the land so occupied if it were owned by the rr nt e, and
if such removal shall not be made within the tie ordered hexe a ove by this Agreement, the City
may unpose a penalty w the sum of'One Hundred Dollars ($100 OQ) per day for each and every day
that the Temporary Encroachment is allowed to contmute thereafter, and may collect such
compensation and penalties m any manner provided by law for the collection of local or state taxes
IN WITLESS WHEREOF, Michael T Dunharn and Patricia B Dunham, the said
Grantee has caused thus Agreement to be executed by their signature and seal duly affixed Further
that the City of Virgima Beach has caused t1us Agreement to be executed m its name and on its
behalf by its City Manager and its seal be hereunto armed and attested by its City Clerk
(SEAL)
ATTEST
City Clerk
4
CITY OF VIRGINIA BEACH
y
City Manager/Authorized
Designee of the City Manager
� � l
Michael T Dunham
Patricia B Dunham
STATE of VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing unstnunent was acknowledged before me this day of
y , CITY MANAGER/AUTHORIZED
DESIGNEE of Ti E CITY MANAGER
Notary Pubh
My Co mussion Expires
STAVE of VIRGINIA
CITY OF VIRGINIA BEACH, to -merit
The foregomng mstr meat was acknowledged before me this day
35 b UT i HODGES SMITH, City Clerk for the CITY OF ' IRGINIA
BEACH
My Comnussion Expires
z
Notary Public
STATE 4F
CITY/COUNTY rp ��a� , to -wit
The foregouig uistniment was acknowledged before me this _ ,�Ork, day of
3 by Michael T Dunharn and Pamcia E Dunharn
.u..cJI toLJ `]aovCc
Notary Pubhc "��
My C nmssi n Expires Niy Comm Es on Expires .curie 3 ,, 2000
J
APPROVED AS T
LEGAL SUFFICI N�S
CITY ATTORNEY
Rev 07-24-02
APPROVED AS TO CONTENT
C�fY REAL ESTATE AGENT
Th
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LYNNHAYEN Pal UA DES NIMPROVED)
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� =iG ORIYI!
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VIRGIOnA BEAcmA.2545 VIRGINLA EEACR VA
AFT APPLICANT WE DJNH M
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Cb B=m mrw r 0
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POR7-XW OF
THE LYNNHAV N RAVER
TY OF VIRGINIA BEACH
DEPARTMENT OF PUBUC WORKS
ENGINEERING DIVISION mm Rom
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1 50 SEPT 11 2002
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Michael and Patricia Dunham
2078 Tazewell Road
Location of the pier and boat lift
Adjacent property
Michael and Patricia Dunham
2078 Tazewell Road
Encroachments of the same nature due north on Crab Creek
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Encroachment bequest to maintain a brick patio, shed concrete block/wood
fencer and chimney for Michael and Lucille Brown
MEETING DATE February 25, 2003
Background
Mr and Mrs Brown desire to maintain an existing brick patio, shed# concrete
block good fence and a chimney at 4500 Pleasure Avenue The Browns have
rude application for this encroachment as a requirement by a special condition
attached to a variance approval by the Board of Zoning Appeals on June 19 2002
on an unrelated matter
■ Considerations
City Staff has reviewed the requested encroachments and has recommended
approval of same subjected to certain conditions outlined in the agreement
The brick patio, fence and chimney were constructed prior to Mr Brown's purchase
of the property in 1990 The shed has been there for approximately 13 years The
chimney encroaches less than X9 into Seaview Avenue and the patio encroaches
less than 10' into the paper street Lauderdale Avenue The shed encroaches into
the paper street Lauderdale Avenue The fence encroaches along Seaview
Avenue and the paper street Lauderdale Avenue There are encroachments of the
same nature throughout Chesapeake Terrace, which is where theBrown's
encroachments are located
■ Public Information
Advertisement of City Council
■ Alternatives
Approve the encroachment as presented deny the encroachment or add
conditions as desired by Council
■ Recommendations
Approve the request subject to the terms and conditions of the agreement
Attachments
Ordinance Location Map Agreement, Plat Pictures, and Minutes to BZA Meeting
n June 19 2002
Recommended Acton Approval of the ordnance
Submitting Department/Agency Public Works 1 Real Estate
City Manager 9 rk , ��
1
2
4
6
7
10
1
13
14
15
l
17
1
1
2
21
2
2
24
25
Requested by Departert of Public Works
AN ORDINANCE E TO AUTHORIZE TEMPORARY
ENC.ROACHMENTS INTO A PORTION of THE
RIGHT-OF-WAY of sE VIEW AVENUE AND
LAUDEI DALE AVENUE BZ M I CH EL D
BROWN AND L U I LLE 2 BROWN, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, S, Michael D Brown and Lucille P Brown, husband
and wife, desire to maintain a brick patio, shed, concrete
lock/wood fence, and chimney into the City's City'right-of-way located
t 4500 Pleasure Avenue
WHEREAS, , City council is authorized pursuant to 15 -
2009 and 15 -2I07, Code of Virginia, 1950, as amended, to
auth r-Lze temporary encroachments upon the City' right-of-ways
sub3 ct to such terms and conditions as council may prescribe
NOW, THEREFORE BE IT CPDAINED TFE COUNCIL OF TIDE CITY
F VI GI IA BEACH, VI1 GINIA
That pursuant to the authority and to the extent thereof
contained in 15 2--2009 and 15 -1 7, Code cf Virginia, 1950,
amended Michael D Brown and Lucille P Brown, assigns and
successors in title are authorized to maintain a temporary
encroachment in the city' s right -of -wags as shown on the map
entitled "PROPOSED ENCROACHMENT FOR MICHAEL AND LUC I LLE BROWN TO
CONSTRUCT AND MAINTAIN PATIO, cHIMNE , SHED, AND CONCRETE
BLOCK/STOOD FENcE11, a copy of which is on file in the Department of
26
2
9
30
31
32
33
34
3
36
37
3
39
4
41
4
4
44
4
46
47
4
4
0
51
Public Works and to which reference is rude for a more particular
description, and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly su D ect to those terms, condita-ons and critera-a
contained in the Agreement between the City of Virginia and Michael
D Brown and Lucille P Brown, (the "Agreement") which is attached
hereto and 3ncrp-aced by reference, and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement
BE IT FURTHER ORDAINED, that thi.3 Ordinance shall not be
in effect until such time as Michael D Brown and Luci.ile P Brown
and the Caty Manager or his authorazed designee execute the
Agreement
Adopted by the Council of the City of Virginia Beach,
3r�nia, on the clay of , 203
-#
gsaImons/browns ora
R-1
PREPARED 01 30 03
PROVED AS TO CONTENTS
It Ow-.%- C d5l
SIGNA'PCJRE
r ++� 7JKe,I CLi1�l:lG
DEPARTMENT
APPROVED AS TO GAI,
SUFFICIEI3 RM
CIT ATTORNEY
PLEASURE AVE DGN M j 5 PREPARED E BY P/1 ENG CADD DEPT SEPT 23,2002
PREPARED BY V1R `xMA BEACH
CITY ATTORNEY S OFFICE
E ENVTED FROM RECORDAUON TAXES
UNDER SECTIONS 58 1-1 1a3
AN 1- 11 c)(4) REMM R EMENT
AUTHORIZED ENDER SECTION 25 249
THIS AGREEMENT, Eriade this day of 2003, by and between
the CITY OF VIRGI FIA BEACH, VIRGINI , a municipal corporation, Grantor, "City" and
NUCHA L D BROWN AND L CILLE P BROWN, husband and wife, THEIR HEIRS,
ASSIGNS AND SUCCESSORS FN TITLE, "Grantee" xrant e" even though more than one
W I T N E S S E T H
That WI-fEEAS, the grantee is the owner of that certain lot, tract, or parcel of land
designated and desery ed a " 1 7" as shown on "PLEASURE HOUSE CAII IP (vroDerry of Henry
& H W Hunsberger _Bem ReSubdxvision of Block No 2_shown on RECORDED PLAT OF
CHESA EAI E TERRACE SubdivLsion No I PR-TNCESS ANISE COUNTY VA ,as recorded
in M B 7 at Page 18 in the Clerks Office of the Circuxt Court of the City of Virguua Beach, Vugvnaa
and being further designated and descnbed as 4500Pleasure Avenue, Vrrguua Beach, Virg a
WPEREAS it is proposed by the Grantee to rn=tain an exming hack patio, shed,
concreteblock/wood fence, and chimney, "Temporary Encroachment", m the City of Varga
Beach
WHEREAS, in maantang the Temporary Encroachment, it Ls necessary that the
Grantee encroach into a portion of an existmg City right ofwa r at the rear and side of 4500 Pleasure
Avenue "The Temporary Encroachment Area", and
GPIN l 5'70- 1- 5 8
WHEREAS, the Grantee has requested that the City pert a Temporary
Encroaclunent within The Encroachment Area
NOW, THEREFORE, for and m consideration of the prenuses and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 OU), m hand
paid to the City receipt of winch is hereby acknowledged, the City loth grant to the Grantee
pens ssion to use The Encroachment Area for the purpose of constructing and maintaming the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and n amt.amed m accordance with the laws of the Conunonwealth of Virgu-na and the
City of Virginia Beach, and 1n accordance wi th the City's specifications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment mto The Encroachment
Area as shown on that certain plat entitled
"PROPOSED ENCROACHMENT T FOR MICHAEL
AND LU ILLE BROWN To CONSTRUCT AND
MM TAIN PATIO, CHIMNEY SHED, AND
CONCRETE > LOCKIwooD FE CEI', a copy of
which 1s attached hereto as Exhibit "A" and to winch
reference is made for a more particular descnption.
It 1s further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that vathm thnty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee, and that the Grantee wdl sear all costs and expenses of such removal
It is fizrther expressly understood and agreed that the Grantee shall mdemnLfy and hold
harmless the City, its agents and employees from and against aU clamors, damages losses and
expenses including reasonable attorney's fees in case it shad be necessary to fie or defend an action
arising out of the location or existence of the Temporary Encroachment
It 1s further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the perms ion and authority to peanut the maintenance or construction of any
encroachment other than that specked herein and to the hn uted extent specified herein, nor to pert
the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to nuarntam the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the grantee must obtain and keep
m force all-nsl property insurance and general habihty or such insurance as is deemed necessary by
the City, and all msurance poheies must rune the City as additional named imured or loss payee,
as applicable The Grantee also agrees to carry comprehensive general h bihty insurance m an
amount not less than $500,000 00, combined single hrmts of such m ur nce policy or poheies The
Grantee will provide endorsements providing at least thirty (30)days written notice to the City prior
to the cancellation or ternumuon of, or material change to, any of the insurance poheies The
Grantee assumes all responsibilities and habibties, vested or contingent, with relation to the
Temporary Encroachment
It is firther expressly understood and agreed that the City, upon revocation of such
authority and pemussion so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost m any miner provided by laver for the collection of local
or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such
removal, the City may charge the grantee for the use of The Encroachment Area, the equivalent of
ghat would be the real property tax upon the land so occupied if it were owned by the Grantee, and
Lf such removal shall not be made within the time ordered hereinabove by this Agreement the City
may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter and may coflect such
compensation and penalties in any nmmer provided by laver for the collection oflocal or state taxes
I )UTN SS WHEREOF, Michael D Brown and Lucille P Brown, husband and
wife, the said Grantee has caused this Agreement to be executed by their signature and seal duly
affixed Further, that the City of Virginia Beach has caused thrs Agreement to be executed in its
narne and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk
(SEAL)
ATTEST
City Clerk
CI
CITY of VIRGINIA BEACH
y
City Manager Author ed
Designee of the City Manager
jjC'4'A 'D Q-'1"
/yy\ Z"'
Michael D Brown
Lucille P Brown
j
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH to -wit
The foregoing instrument was acknowledged before me this day of
20�7 by , CITY MAI AGER A THORI EI
DESIGNEE OF THE CITY 1�AN AGER
Notary Public
My Comnussi n Expires
STATE of VIRGINIA
CITY of VIRGIMA BEACH, to -mat
The foregoing instrument was kno pledged before rye this day of
20 by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH
Notary P ubhc
My Corn fission Expires
STATE o
CfTY/COUNTY OF t1l
The foregoing instrument was acknowledged before me thus cQ 7 day of
JI _, 200)
' �by Michael D Brown and Lucile P Brown
Notary Public
My Conunision Expires U041
APPROVED AS TO
LEGAL SUFFiCI CY
CITY ATTO EY
Rev 07 24 02
APPROVED AS TO CONTENT
Qam&&. &Wi"x
dyFY REAL ESTATE AGENT
37
PROPOSED ENCROACHMENT
FOR
MICHAEL AND LUCULLE DROWN
TO CONSTRUCT AND I1 AI TAM
PATIO, CHIN', SHED, AND
CONCRETEBLOCK/WOOD FENCE
Exhibit "A"
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CITY OF VIWGINIA B
AGENDA ITEM
ITEM An Ordinance To Accept and Appropriate $51,000 In Recovered Expenses
Related To A Consumer Affairs Case Settlement To replace Lost State Revenue
In The Commonwealth Attorneys Office
MEETING DATE February 25, 2003
■ Background
As a result of the work of the consumer Affairs division in the Commonwealth Attorney s office, the
office has settled a case under the State Consumer Protection Act As part of the statute involved,,
the commonwealth Attorneys office has received 1 000 as recovery of expenses incurred in
investigating and preparing the case The Commonwealth's Attorney has requested that this
money be applied to its operating budget for the current fecal year to offset a portion of the State
revenge reductions the office is facing as a result of the State s budget
■ Considerations
Given the current budgetary issues that the Commonwealth Attorney's office faces, the use of this
revenue will help mitigate the cuts the Commonwealth Attorney is facing from the state
Specifically, ,t will allow the office to retain one of the two attorney positions that would otherwise
have to be eliminated if no mitigation using the $1 00 were allowed
a Public Information
Public Information will be handled through the normal agenda process
s Alternatives
The city could accept the revenue but not apply it to the Commonwealth Attorney s budget This
would not allow the Commonwealth Attorney to mitigate the impact of the FY 2002-0State budget
cuts the office is facing
■ Recommendations
Staff recommends that this one-time revenue source be used to allow the Commonwealths
s
Attorney to retain one attorney that they would have otherwise lost in the current fiscal year The
Commonwealth s Attorney will still face reductions in FY 2003-04 and this funding will not address
tho a concerns but at least the office can benefit from the legal settlement and cover some of their
operations in the interim
■ Attachments Ordinance Letter (January 30 2003) News Release (January 34 2003)
Recommended Action Approve Attached ordinance
submitting Departmentl gen y Management services
City Manager F I I ata\ T\ rdin lcwaarf w-pd
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $ 1, 000
IN RECOVERED EXPENSES RELATED TO A CONSUMER
AFFAIRSCASE SETTLEMENT TO REPLACE LOST STATE
4 REVENUE ICI THE COMM NWE LTH F S ATTORNEY'
OFFICE
6
7 WHEREAS, the Commonwealth's Attorney' s Office has
settled a case under the State Consumer Protection Act, and
received $1,00 that can be used to offset state budget
10 reductions
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA
13 1 That $51,000 in revenue from a legal settlement
14 is hereby accepted and appropriated to the Commonwealth
15 Attorney' s FY 2002-03 Operat-ing Budget t replace $51,000 of
16 state revenue lost as a result of earlier state budget
17 reductions
18 2 That $ 1, 000 in state revenue is reduced from the
19 FY 2002-03 operating Budget to reflect state revenue reductions,
20 and miscellaneous revenue is increased b $1,00
21
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the day of 2003
24
CA- 7 4
OrdinNonoodeowaord wpd
R-1 - February 7, 2002
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFIGIENCY
Management Services aw Department
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM ordinance To Accept And Appropriate $20,000 In Anticipated Revenue
From FEMA To The Fire Departments FY 2002-03 operating Budget For
Deployment of Urban Search And Fescue Personnel To The Columbia
Shuttle Disaster Recovery
MEETING DATE February 25 2003
w Background
Following the tragic break up of the Space shuttle Columbia over northeastern Texas,
President Bush signed disaster declarations for the States of Texas and Louisiana on
February 1, 2003 As part of this declaration, FEMA was directed to coordinate federal
recovery efforts through the Federal response plan One member of Virginia USAR Task
Force 2 has been deplored to assist on the Incident support Team The estimated
duration of the deployment is February 5 through February 14, 2003
0 considerations
As with past activations the Federal Government will reimburse all expenses, including
payroll and baclrfills
■ Public Information
Public Information will be handled through the normal council agenda process
■ Alternatives
The City s designation as the sponsoring agency for A-TF2 and our participation with
FEMA is a pre -arranged relationship and obligation through a standing Memorandum of
Agreement
■ Recommendations
orrmendations
Appropriate $20,000 forthe processing of payroll, equipment supplies and other expenses
incurred during the deployment period
0 Attachments
Incident support Team Activation Order
Ordinance
Recommended Action Appropriate funds
Submitting Department/Agency Fire Department
City Manager , L 1 S V11
F 1D tail T 1 rd in\N ON CODEIf mash ul rt wpd
1 AN ORDINANCE TO APPROPRIATE $20, 000 IN
ANTICIPATED REVENUE FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2002-03 OPERATING BUDGET
FOR DEPLOYMENT OF URBAN SEARCH AND RESCUE
PERSONNEL TO THE COLU'lIA SHUTTLE DISASTER
7 RECOVERY
WHEREAS, one member of the Federal Emergency Management
Agency (•` FEMA") Search and Rescue Team from the Virginia Beach Fire
10 Department has been activated for deployment to the Columbia
11 Shuttle disaster recovery effort, and
12 WHEREAS, under federal law and the agreement between FEI
13 and the City, costs incurred as a result of deployment are fully
14 reimbursable from F EMA
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, Virginia
17 That $20,000 in anta-cipated federal revenue from the
18 Federal Emergency Management Agency is hereby appropriated to the
19 Fire Department's FY 2002-03 Operating Budget to fund a FEMA
20 deployment to the Columbia Shuttle disaster recovery effort, with
1 federal revenue increased accordingly
2 Adopted by the Council of the City of Virginia Beach, Virginia
23 on the day of , 2003
CA-8764
Orden/Noncode/femashuttleord wpd
R-1 - February 14, 2003
Approved as to Content
Management Services
Approved as to Lega].
Sufficiency
Departmen aw
DEB S 2003 2 21PM NJECC 202 646 2484 NO 3534P 1/5
MEMORANDUM FOR
FROM
SUBJECT
Federal Emergency Management Agency
Washington, D C 20472
ACTIVATION ORDER
Incident Support Team Members
NaUonai Urban Search &Rescue Response System
3ef'F Ghc
DLrect r
Emergency upp Teats
IST Activation Order — Shuttle Columbia Incident
cideiat Type oe tzon At approximately 0859 EST on February 1, 2003, Space Shuttle
Columbia with the entire crew of seven astronauts broke up over northeastern Texas This
resu l i ed m a 200-rm le long deb s field extendhng frorn southeast Dallas to the., vicimty of the
Te,x .�- oursrana border Debris has been reported m 19 counties with the heaviest
concentrations reported m Chemkec, Nacodoches, St Augustine, Sabme and Anderson Counties
ui Terms State and local officials have located and secured shuttle debris at approxnnately 1200
ute i n Texas The State of Texas and NASA have requested hurnam remains cerbf od camne
oearch teams from E1 IA's Urban Search and Rescue Division
Elackground President Bash siped Emergency Declarabons for the States of Texas and
,ow sjana at about 18 00 EST on February 1, 2 003, Disaster Field Offices are established in both
'tates President Bush and Secretary of the Department of Homeland Security Tom Ridge
i hrect ad FENIA to coordinate federal recovery efforts through the Federal Response plan. FFMA
is cooperating with NASA and other federal agencies to preserve. the evidence of ` this tragic
i anni d spaceflight rmshap NASA will be the lead Federal agency for the investigation of this
incident The ESF-9 desk at the Emergency Support Tcan-t can be reached on o646-2449
� 9-m ember Incident Support Tears IST Advance Element is actively s upport[ng Urban Search
od R+�scue resources The IST ESQ'-9 leader is Dave Webb aid he can be preached by cell phone
at(240)731-0638 The IST Leader is Jim Stnckland, he can be. reached by cell phone at (703)
- 082 A request has bean made to activate additional positions on the Blue IST A list of
;tivaled ISM` mp..mbers is attached
FEB § 2003 2 21PM N I EOC 202 646 2484
NO 3534 P 2/5
Instructions to IST Personnel This is an Activation order This order is effective 100 EDP`
this date You arc being activated to provide a complete Incident Support Team Your position
is irdicated on the attached list of address=s You should make preparations to depart
imniediatelyby comm=ial air carrier, dent tlo - Houston International Auport Yourfinal
destination is the Civic Center in Lufkin, TX You should report to Shawn Bailey and he can be
reached by cell phone at 2 2) 549-6445 You should contact National Travel at 8 294,.8293
for f urther instructions, mcludma travel arran gernents Any quest -ions concerning this activation
order should be addressed to the EST, which is in Dperation -]yours per day
c
M�62 T low,FA-SR
David Pauli n, FA - A
Rem oral US&R Pomt of Contact, F MA Region VI
Attar hrnemts List of Addressees
FEB 5 2003 2 21PM N I EOC 202 646 2484 NO 3534 P 3/5
ADDRESSEES
Nfi k im, McCarty,,
Alvin Schnver,
Stepc Gallegos
Toni Quirm,
Geoff Miller,
Mi .a Brown,
Harold Schapelhouman,
Anal-1 De La Faente,
M c Worrell,
Dane Gonzalez,
Allen Auol l ado
Pat Grant
Deputy Leader
Operations Chief
Planning C}uef
Deputy Planning Ctuef
Situation Unit Leader
US&R Specialist #]
US&R Specialist 02
Deputy Logistics Chief
Deputy Communications Umt Leader
Deputy Medical Unit Leader
Transportation Urizt Lcader
Veteruianan
F E B 5 2003 2 21PM VIEOC 202 646 2484 NO 3534 P 4/4
Federal Emergency Management Agency
Washsngton, D C 20472
ML'iVIORANDUM FOR NaLzonal Urban Search &Rescue Response System
Incident Support Team Members
(See attached list for a complete 1st of participants)
FROM Ron Castleman
FEMA Region V1
Regional Director
SUBJECT. Amendment to Invitatronal Travel for Columbia
Space Shuttle Discister
The purpose of tins letter is to support your travel to Lufkin., TX in support of the Columbia Space
Shuttle Disastcr We anticipate that your days of travel will be February 5 � 14, 200
fn ItMonal travel is authorized for persons serving in a capacity related to an official d raj
�er;ency Management Agency activity FE A will reimburse your expenses for
raansport tin to and from airport or arad tenaunals and a federal per dx rn allowance for meals and
ncidk ntal a per cs 2 50 per travel day and $30 00 per day FEMA has arrd ged lodging
L eornmodations for you Air transportation and car rental should be acquired through the FEM
i on tract travel agency To make your reservations p I eisc call l ati,ona] Travel at 2 -- 82 83
i'au N-vi;1 he asked to provide the travel authonzamn number and accounting code shown on the
(nclo4-ure Your ticket for common mon coach camer will be char ed to FEMA 7 s govmmment travel
. uth ri ation account You are authonzed a rental vehicle, to include a 4-wheel dnve vehicle or
aTi 'aib rental vehicle, should be reserved through National Travel while mak rag your aarhne
t vel arrangements You will be dnvingfrom Houston Int matronal Airport to the Civics Center
j i LufC n Dnving directions to the Civic Center are From the airport take 59N toward Lution,
t tke b ,isiness route 59 into Luf n, turn left onto Paul Street, go to V' Street/Paul The Civic
'enter should be on the right If you need assistance its finchng this location, call Shawn Bailey at
(Z02)i9-6445
In ordt r to be reimbursed fol your expenses please complete the enclosed Travel Schedule and
E open ,e FEN A'Form 20--2 , and attach your receipts Include your one passenger coupon
eipts are not required for meals You wj11 be all wed $22 5 0 Per Diem for the first and last day
o travi,l and $30 00 per day for the days in beten Also enclosed is a blank Travel 'toucher
('' t trod ird Form 1 1 Complete the form by filling out blocks a-f and 6a-b Sign in block 13 and
1r iti ] j n biock 12 Send your travel cImm ]ong i.th the ongjnal 1eceipts t FEMA Urban Bearer
ai id Rescue Division, Attn Benjamin Strong 500 C Street, SW , Room 3 26 , Washinaton DC
20472 Any questions regarding this travel should be addressed to Benjamin Stir rig at
B nj nun Strong@fema ore
A tachment
FEB § 2003 2 21PM
NIEOC 202 646 2434
NO 3534— P 5/5—
3
4
s
6
7
s
1
Incident Support Team Members
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordinance To Accept And Appropriate $8,932 In Grant Funding From
The Virginia Department of Criminal Justice Services For contractual
Clerical support For The Police Domestic Violence Unit
MEETING DATE February 25, 2003
■ Background
The Virginia Beach Police Department was awarded $8,,932 in grant funds, beyond what
was anticipated in the FY 200 -03 budget for the V-stop Grant This grant from the
Virginia Department of Criminal Justice Services will continue funding the salary and
benefits of one police detective The additional amount awarded will cover the salary of
one contracted clerical assistant, to provide enhanced services to the departments
domestic violence unit
E Considerations
The goal of the project is to continue an alliance between the business community,, police,
and samaritan louse Battered Women en s program to educate and respond to the issue of
domestic violence in the community, promote understanding of the procedures, laws, and
resources pertaining to domestic abuse, and enhance the identification and prosecution
of repeat domestic violence offenders
The Virginia Beach Police Departments Domestic Violence Unit continues to be
recognized as a leader and model program throughout the state This grant will provide
continued service to victims of abuse who reside in work in or visit Virginia Beach
There is no local cash match, only in -kind services in the amount of $18,664
N Public Inf rrnation
Public Information will be handled through the normal council agenda process
■ Alternatives
Without this grant the Police Department would have to eliminate the detective position
in the Domestic violence Unit, reallocate current resources to accorr modate this position,
or request additional City funds for this position
■ Recommendations
It is recommended that the council accept the additional grant award of $8,932 and
a ppropnate the funds to the Police Departments FY 2002-03 operating budget
■ Attachments
Grant Award Letter
Ordinance
Recommended Action
Submitting Department/Agency
City Manage )L '<Cd8uk
l ca T1 rdin1,NONE v toparf %vpd
1 AN ORDINANCE To ACCEPT AND AP PPOPRIATE $ 8 , 9 3
2 IN GRANT FUNDING FROM THE VIR INIA DEPARTMENT
3 OF CRIMINALJUSTICE SERVICES FOR CONTRACTUAL
4 CLERICAL SUPPORT FOR THE POLICE DOMESTIC
VIOLENCE UNIT
WHEREAS, the City of Vi-rginia Beach Police Department has
7 reel ,red an additional $ , 32 in funds from the V-.rginra Lepartmet
9
to
11
12
1
1
1
I
17
1
f Criminal Justice Services that may be used for the clerical
needs of the Police Department's Domestic Violence unit
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of THE CITY
OF VIRINIA BEACH, VIRINIA
That $8,932 in grant funds from the Virg, nia Department
Of Criminal Justice Services is hereby accepted and appropriated to
the Police Department's FY 2002-03Operating Budget to be expended
for the clerical reeds of the Domestic Violence unit, with revenue
increased accordingly
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of
CA-8760 Toncode vstopord wpd
- 2
February 14, 2003
I
roved as to Content
Management Ser—vices-
Approved as to Legal
Sufficiency
Law Depart
COMMONWEALTH of VIRGINIA
Loomrd G Cooke
Director
Department of Criminal Justice Services
December 19 2002
Mr James K Spore
City Manager
City of Virginia Beach
Municipal Center
Building 1
Virginia Beach Virginia 34 6
Title Alliance to End Partner 'violence
Dear Mr Spore
805 Ent Broad Sh et Tenth Floor
Richmond VwWja 23219
(4) 7 -4000
FAX 804) 714Lj
T D (804) 3 B-873
l am pleased to advise you that grant number 03-H9222VA02 for the above referenced grant program has been
approved in the amount of 993 in Federal Funds and $18 664 in Matching Funds for a total award of 74
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions To indicate
your acceptance of the award and conditions please sign the award acceptance and return it to Janice waddy Grants
Administrator at the Department of Criminal Justice Services D JS Please review the conditions carefully as some
require action on your part before we will disburse grant funds
When we receive documentation showing that you have complied with the conditions you will be eligible tO request
funds awarded under this grant A REQUEST FOR FUNDS form is also included with this loiter and should be used for
this purpose You may request funds at the same time you submit the documentation of compliance with the grant
conditions or at any time thereafter However we cannot process your request until we have received and approved all
required information
e appreciate your interest to this grant program and will be happy to assist you m any way we can to assure your
project s success if you have any questions, please call Eleanore l ant er at 4
Yours very truly
Leonard G Cooke
Enclosures
c A M Jac, Chief of Police
Ms Patricia A Phillips Finance Director
Eleanore Kantzer, D J
Crmni l Jusbw Serv= oerd on Tranrg JwAride .h ard Dekq=ry Prier Adyawy CaWMW
Prorate SeCLoty Sera= Ay Cmunad JuOm I I ft I I SysWmCR onifte
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Appropriation of 2001-02 Tourism Advertising Program special Revenue
MEETING DATE February 25, 2003
■ Background In July 1996, the City Council of Virginia Beach established the Tourism
Advertising Program Special Revenue Fund Together with revenues from one cent of
the percentage -based portion of the transient lodging tax and one-half cent of the
restaurant real tax a "Flat Lodging Tad' of one Dollar $1 og was added to support
the City's budget for its advertising and marketing program ("Advertising Program" and
related activities including the operation of the Visitor Center to promote and increase
tourist visitation to this city
■ Considerations The original ordinance established Council's intent to utilize the
Tourism Advertising Revenue Fund for the "Advertising Program' At the close of FY
2001-02, the TAP Fund had an unappropriated fund balance which is a result of 1
positive revenue performance over and above projections, appropriation balances
from Advertising and the Visitor Information Center in FY 2001-02, and accumulated
interest in the fund set aside specifically for capital improvements at the Visitor Center
n appropriation in the amount of $833,931 will enable the Virginia Beach Advertising
Committee and the Department of Convention & Visitor Development to incorporate
these finds into the current marketing plan Funds will be used in the following three
ways
a $433,931 to expand the city's advertising and promotional efforts for initiatives
such as sports marketing, regional cooperative advertising campaigns with the
state and new market opportunities
b $300,000 for reserves to ensure quality advertising and marketing capacity in the
gent of a natural disaster or serious economic conditions impacting the city's
tourism industry The Department of Convention & Visitor Development, together
with the city's Advertising Advisory Committee, annually dedicates a portion of the
and balance for reserves, an amount determined to be appropriate given current
treads and economic outlook in the tourism industry
c $100,000 for capital improvements at the Visitor Information center which was
constructed in 1989, for site improvements, security system, emergency
communications systems and improved signage
■ Public Information Public Information will be through the normal means
0 Alternatives NIA
■ Recommendations Appropriate $ 833,931 to expand the City s tourist advertising as
ordained by Council, and to provide reserves for CVD and Advertising Advisory
Committee to oversee and administer as emergency and/or economic issues arise in
tourism industry
N Attachments rdinanc
Recommended Action Appropriation of $ 833,931 into the Tourism Advertising Program
Special Revenue Fund
Submitting DepartmentlAgency Convention and Visitor Development
City Manager Qr
1L �
1 AN ORDINANCE To APPROPRIATE $833,931
2 FPCM FUND BALANCE IN THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE FUND
To THE FY 22-3 OPERATING BUDGET F'
THE DEPARTMENT OF CONVENTION AND VISITOR
6 DEVELOPMENT ENT TO EXPAND THE CITY ` S TOURISM
7 ADVERT T I S L L3 G PROGRAM AND TO PROVIDE
IMMEDIATE ACCESS TO FUND IN CASE OF
EMERGENCIES
10 WHEREAS, there is a sufficient amount of fund balance of
1 the Tour:.sm
Adijert-3-sI rig
Program
Speol al Revenue Fupd to
provide
12 $833,931 to
expand the
tourism
adverta. ing program and
provade
13 access to funds for advertising purposes in case of emergencies
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINI BEACH, VIRGINIA
16 Tnat $833,931 is hereby appropriated from the fund
17 balance in the Tourism Advertising Program Special Revenue Fund to
18 the FY 2002-03 Operating Budget of the Department of Convention and
19 Tourism for the purpose of expanding the Ca-ty' s tourism advertising
20 efforts and providing immediate access to funds for advertising
21 purposes in oases of emergencies, and estimated revenue is
22 increased accoraingly
23 Adopted by the Council of the City of Virginia Beach,
24 Virginia, on the day of , 23
25 R c u-ires an a i. ryat-i e iote by a majority of the mernbers
CA-8756
0rdin/Non%,--.ode/ta aorwpd
R-1
February 7, 2003
APPROVED AS TO CONTENT
c
Management Services
2
APPROVED AS TO LEGAL
SUFFICIENCY
Attore�4ff-1e
o``�'
t p
t�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordinance to Transfer $188,500 from CDBG Reserves to the Department of
Housing Operating Budget To Fund Neighborhood Improvement Activities, to Authorize
the City Manager to Submit a Neighborhood Revitalization Strategy Area (NRSA) Plan
to the US Dept of Housing and Urban Development (HUD) and to Execute a Contract
with CARE, Inc to Carry Out Portions of such Plan
MEETING DATE February 26, 2003
■ background Federal regulations provide an opportunity for communities to
utilize Community Development Block Grant (CDBG) funds in a more flexible
manner if they are utilized as part of an approved area improvement plan This
flexibility allows the use of funds for more "public services" as opposed to
physical improvements
This flexibility is necessary in order to carry out activities desired by residents,
and due to funding commitments for other ongoing programs Therefore, the
Dept of Housing and Neighborhood Preservation has prepared a plan that is
intended to meet HUD requirements and allow for the use of funds taken from
reserves to carry out such a plan
Funds in CDBG "reserves" are available because of activities that were
previously budgeted for but could not be carried out These funds reed to be
utilized for CDBG-eligible costs, and for one-time costs since they are non-
recurring funds
HUD designates a specific name for area improvement plans under which funds
can be utilized - a Neighborhood Revitalization Strategy Area plan, or NRSA
plan In order for an area to be designated as an NRSA area, it must meet
certain criteria Once an area is defined, a plan must be developed that includes
HUD -required elements, including citizen participation, in order to be approved
In order to develop a plan that can be approved, it was necessary to identify an
area of the City that would qualify Based on an analysis of Census data, an area
that meets the requirements was defined and is identified on the attached map A
series of meetings was held between August and December, 2002, at which civic
leaders and interested stakeholders had the opportunity to identify key issues
and goals Those participating included leaders of area civic leagues, a member
of the Planning Commission, principals from area public schools, representatives
from Virginia Wesleyan college, and others In addition, analysis of data about
the area was undertaken Based on these inputs, a plan was developed
A key part of the Federal requirements is that many of the activities be
undertaken by anon-profit organization not under the control of the City In order
to achieve this goal, CARE, Inc, an independent 501 (c)(3) non profit, has
restructured itself to be an eligible organization Therefore, the success of the
plan will depend on the City executing a contract with CARE, Inc to carry out
many elements of the plan
A summary of the plan is attached Amore detailed plan that meets the HUD
requirements will be submitted by the City Manager if authorized by approval of
the attached ordnance If HUD approves the plan, activities will begin, starting
with the execution of the needed contract This is expected to occur in the late
spring of this year
Administrative Considerations Utilizing this mechanism to conduct
neighborhood planning and improvement activities involves considerable
regulatory overhead and constraints on our work However, without this NRSA
mechanism there is no way to utilize Federal funds to do it An alternative funding
source, such as the general fund, world greatly simplify the administration and
regulatory framework, however considering the current budget problems, this
was not likely to be possible
Financial Considerations The funding being made available is "one-time"
funding that is expected to provide enough for at least one year of activities This
will provide time to evaluate the work, consider whether ongoing funding can be
provided through Federal funds, and/or find alternatives
Legs! Considerations Due to the Federal regulations and the contract to be
executed with CARE, Inc , and the fact that this is the first time our City has done
this particular activity, significant legal review will be necessary to insure
compliance with all laws and regulations
Compliance and Monitoring if this plan is carried out and a contract is executed with
CAFE, Inc , the Department of Housing and {neighborhood preservation will, a s it does
with all Federal contracts, monitor CARE, Inc for compliance with the requirements of
the contract In addition, since this is a new activity for the City and CARE, E, we will
conduct a quarterly review of progress toward goals, and help identify and make
adjustments needed
Public information As stated above, several publicly advertised meetings have
been held in the development of this plan, in addition, if the plan is approved, the
plan requirements include significant ongoing public involvement Therefore, no
additional public information activities outside what has been done and planned
are considered necessary
Alternatives If the plan is to be carved out, the only alternative to the NRSA
process is to provide general fund resources for the activities This world not
only reduce the administrative burden, but would allow activities in any area,
regardless of whether the area actually qualifies for the HUD plan
Recommendations Approval of the attached ordinance
Attachments 1) Ordinance, 2} Plan Summary, 3) Map of Plan Area
Recommended mended Action Approval of the Ordinance
Submitting Department/Agency Dept of Housing and Neighborhood Preservation
City Manager �L. � � �
1 AN ORDINANCE To TRANSFER $188,500 WITHIN THE
2 F'Y 2002-03 OPERATING BUDGET of THE DEPARTMENT
3 OF HOUSING AND NEIGHBORHOOD PRESERVATION, To
4 AUTHOPI E THE CITY MANAGER To SUBMIT A NRSA
PLAN To HUD, AND To AUTHORIZE A CONTRACT WITH
CARE, IC
'7 WHEREAS,. federal regulations allow the creation of a
8 Neignborhood Revitalization ation
Strategy Area (, RSA"')
Plan,
WHEREAS, $188,500
of dedicated federal
grant funding is
to a ailabie within the Fi 2 0 -03 operating Budget of the Department
11 of Housing and Neighborhood Preservation for this type of program,
12 and
13 WHEREAS, the Department of Housang and Neaghborhood
14 Preservation and BARE, Inc , have identified gaalified areas and
1 developed a NPSA Plan
16 NOW, THEPEF RE, BE IT RDA -I ED BY THE COUNCIL of THE CITY
17 of VTRGINIA BEACH, Virginia
18 1 That $188,500 is hereby transferred within the F
19 2002-03 operating Budget of the Department of Housing and
20 Neighborhood Preservation to be used for Neighborhood Improvement
21 Activities
22 2 That the City Manager is hereby authorized to submit
23 a NSRA Plan to the Federal Department of Housing and Urban
24 Development and to eater into a contract with CARE, Inc , for the
25 administration of portions of the ISRA Plan
26
Adopted by the Council of the City of Virginia Beach,
27 Virginia on the day of
C - 7 7
ordin noncode NSR ord wpd
February 13, 2003
R
Approved as to Content
i C
L
Management Services
2
1 20
Approved as to Legal
Sufficiency
Cit} Attarne6 Off ce
I
Virginia Beach C 1 , Inc and
Department Housing and Neighborhood Presen ation
The N rth,%% est NRSA Improvement Strategy
JanuarN,2003
Coax Statement
o significantly improve tlne Northwest section of Virginia Beach, Virginia, by developing
n effective and comprehensive program Nkhich works to enhance student academic performance,
community leadership unity, community relvitalization, public safety, recreational open space,
career development, outh famil inmate es and business v l pment entrepreneuzs i
Plan
I Establish an Educational Task Force (to address the student a ademic performance, high
school truancy, elementary school SOL concerns, student failure rate/suspensions, parent
in of ernent with student school activities, LIVIC league involvement, etc ettie F Williams and
Newton Road Elementary are schools of concern A selected group of residents (and/or
r presentalives of interested parties) will meet with school administration representatives t
discuss issues of concern and make recommendations to appropriate school representatives In
addition the task force should tress partnerships and collaborate with programs such as Headstart,
Earl} Discoveries for the l evelo rnent lIy Disabled, Rem Academic Pro ararns D A R E ,
PTA Before and Auer School Programs, etc , and learn about program effectiveness
11 Establish Stronger Civic League Network (to distribute information, receive training in
organizational effectiveness coordinate activities, receive citizen input concerning needs/program effectiveness, etc —consider establishing a civic league in community areas where such an
organization is deemed necessary to enhance community actr rty efforts organizational
Ieadership training carp be prop ided by city repie s entan-�e as weII as selected consultants
III Coordinate Targeted Property Rehabilitation/Eyaluation Efforts in Neighborhoods of
Most Need
Initiate/Support a residential rehabilitation program to improve the housing
structures which are in deteriorating condition and need repair to bring structures up to
minimum standards to enhance property Values community character, etc Census
Tracts with the greatest need for a housing rehab 1evitall ation program are 402, 408,
41oox,and 4100
-% aluate options for commercial property rehabilitation efforts — Census Tracts
with the greatest need for a cornmercial rehab revit lizati n pro ram include 402,
404 01, 408 4101 and 410 02 The C A R E -CBDO Council will work with
selected city departments as NAell as the business community to determine the best
altemati-,e for rehabilitating commercial properties
IV Create a Stronger Partnership hip t Improve Public Safety to reduce crime, especially
Violent pioperty and youth crimes 1 o-1 ors old and teenagers --,especially i Tracts
ra t
402 410 02 and 408 The C A R E -CBDO Council 11.111 IVOTk vx ?th the eity's Police Department
and other citv and/or pro to public safety organizations to develop and implement effective
strategies to improve public aft in Northwest Viralnla Beach In addition, there should be
support for preNention intervention efforts that address domesuc violence/assaults
V Continue Recreational Open Space Acquisition/Park Deg elopment Program (to address
the demand for open space —Dept of Parks and Recreation has determined a need for over 500
acres of open space in the ItiTRSA area) The Dept of Parks and Recreation should receive input
and communication fiom NRSA czLic league and other representatives about the location and
acquisition timetable to meet the residents open space needs
VI Continue and Enhance the Coordination of Infrastructure Improvements to Meet
Identified Neighborhood Deeds — in coordination wi ith other neighborhood improvement
activities to make necessary infrastructure and school construction/repairs/renovations)
V11 Facilitate Access to Career Inform ation/Trainxng Resources (to provide coordination/
information, and access to ,lob training (including on-the-job training), career
change/advancement, educational resources as well as small business development
entrepreneurship parrtjierships need to be established with the Virginia Employment Commission
(VEC), businesses, educational institutions, etc The C A R E -CBDO Council v.'111 pork with a
committee of interested residents educational and business representatives to develop a plan for
ads ancino career deN,eIopment in the NRS 4 area
VI11 Facilitate/Support the Creation of a Multi -Purpose Facility in an Area of Most Need
(services can include acts ztie provided by Parks and Recreation, Schools, Police, Libraries,
Social Semices H u ing, Health Institutes of Higher .earning etc Technical assistance from
the Dept of Housing and Neighborhood Preservation is needed to determine the organizations
a encie hjch need to be involved in developing a strategy to pursue the construction and
staffing of a mult2-purpose facility in the NRS A area
IX Support and Enhance a Stronger Family and Youth Initiative Program to build
stronger foundation for family conflict resolution, school performance ommitrnent, promotion of
drug/tobacco/alcohol prevention programs programs in developing getter behavior and
interpersonal skills, etc )—youth should be involved in the de-\ eloprnent and implementation o
such programs CommunicatiODand assi tan a will be needed from the Depis OfSocial Services
and Parks and Recreation, ainox g otber agenci s or ani ations, to facilitate a comprehensive and
innox{ati a youth/family program in order to significantly increase the quality of life for youth and
families in the IRSA
2
X Support a bode Enforcement rcy
�rarn tc�dress Residential/Commercial
Environmental Concernsaddress the Issues of �
gash oeriwn weeds, dmae to utlllt
bores, sign damage, cI aeked sidewalks inoperative
cars, housing maintenance etc to improve
the appeal ante and � IsuaI hal eter f tale comm ull I
In addition the C A R E -CBDO Council
�l] rk to develop a Coin-imunity Piide 'public educ
p at�or camp ign for the NRSA
X1 Establish and Maintain are on-cy�r� e� ��
� Practices" Portfolio Ito deg cIo lrx� ler�ent
erg effective strategies for inaprm in the ualIt of l �
life for 1esldents in the I RSA area "Best
Practices' Nyvill be investloated
,� y the C A R E -CIO Council, in partnership �tl� t
selected consultants, to el�su ] p he cat and
i success th Plan and to b as efficient as possible
ependitul of funds utilized forthe Sproject
p �t the
NOTE In addition, the concerns and stratecIes in this
Plan -of -Action should he addressed in e
rnlfitar communities, which are located in Census Tracts 400 98 and 418 (which are included in
the IRSareal The rniIltry dependents (including youth and families) are also art f the
iroinia yeah ornu��It as well Also le �
leadership/organizational effect��eness training i
x'ecommendd for theC A R E --Community -based Development Organization and its
staff in order for the non-profit organization to implement
an effective Plan -of -Action
3 PLANNING
Variance to Section 4 4 (b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) for Steve BishardlBishard
Development Corp at North Lynnhaven Road and Mayfair Court (541 North L}mnhaven
Road) containing 2 acres (DISTRICT 5 - L� NNHA VET
2 Variance to Section 4 4 (b) of the Subdivision Ordnance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance (CZO) for Commonwealth
Custom Home Builders, Inc at Little Late Drive and Little Lake Court (1101 Five Point
Road) (DISTRICT 5 - LYNNHAVEN)
Application ofS & R Properties, L L C for a Mods i afLon of a Conditional Use Permit r
bingo hall (approved by City Council on January 2.6, 1 999) at Cleveland Street and
Aragona BouleN and(4933Cleveland Street), containing 4 1 acres
(DISTRICT - KEM S IDLE)
4 Application ofJack, Rabbit Self-Storage/College Park, L L C for a Modification OLO
Condinona1 Use Pet mit re minx -warehouse fac zlity (approved by City Co unc I l on September
A2 5 2 00 1), at Providence Road and Woodstock Road 95 0 P ro1v iden ccRoad), containing 4 3 9
acres (DISTRICT - KEMPS SILL )
5 Application of Eucell Facen for a Conditional Use Permit re bulk Etorn , auto are
contractor' s storage hard at Virginia Beach Boulevard and First Colonial Road 07 5 2 Virginia
Beach Boulevard), contarning 15,103 square feet (DISTRICT 6 - BEACh
Application of Graham's Graham'Custom Body Shop & Towing, L L C for a.Conditional Use
Permit re bulk story a and expo n of the body shop at Jensen Dnve and South Birdneck
Road 11 1 Jensen Drive, containing 1 57 acre
(DISTRICT 6 - BEAM)
7 Application o f JBA Two, L L C for a C nditio aI Use Permit re motor vehicle sales at Shore
Dnc and Pleasure Mouse Road (4740 Shore Dnve), containing 24,785 64 square feet
(DISTRICT 4 - BAYSIDE)
Application of Reed Enterprises, Inc for a Condutonol Use Permrt re gasoline saps in
conjunction with a convenience store at Holland Road and Chimney Hill Parkway
Chimney Hill Parkway) containing 31,755 square feet (DISTRICT 3 - ROSE MALL)
Map H-6
I j - Steve Bishard
{
_
-7
14
G �
r hbg
3 r
?- c r
f
0
(I
Fj -2Li Z3
51
5�v'/ R-7 5
-C�
,
o
r _tom
Gpin 1987-98-0240
ZONING HISTORY
1 Subdivision Variance Approved - -85
Rezoning (R-6Residential to R-8 Residential)Denied7-9-84
2 Conditional Use Permit (outdoor recreation — pool and courts) Approved
12-1 4 3
3 Conditional Use Permit (outdoor recreation — pool and courts) Approved
12-9-74
rU
CITY OF VIRGINIA B
AGENDA ITEM
ITEM Steve Blshard Bishard Development Corp -- Subdivision Variance
MEETING DATE February 25, 2003
■ Background
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance Subdivision for Steve Bishard/Bishard Development
Corp Property is located on the west side of North Lynnhaven Road 80 feet
more or less south of Mayfair Court (GPIN 1487984240) Said parcel is located
at 541 North Lynnhaven Road and contains 2 acres DISTRACT 5 —
LYNNHAVEN
The purpose of this request is to subdivide the property into four lots, three of
which are "flag" lots requiring a subdivision variance
■ Considerations
The existing lot is an irregularly shaped residual lot with limited lot frontage
sandwiched between single-family subd(visions This piece was previously part
of a 1 -acre parcel, which was subdivided by deed into a number of parcels
during the first half of the 20 century The subject property was originally
created by deed in 1943 The odd shape of the subject property is the result of
various landmarks, lice ditches and pipes, used to identify property lines
Currently, two single-family dwellings and associated outbuildings are located on
the subject property The property is zoned R-7 5 Residential District
With fewer and fewer available parcels of land in the City, variance requests like
this one will become more common However, it is imperative to maintain are
orderly development pattern that preserves the integrity of established
neighborhoods and maintains the City's ability to provide services in an efficient
and safe manner Variances are not intended to maximize density where
standard subdivision design is not possible Some lots simply cannot be
subdivided to create the maximum number of lots afforded by the area of the
property strictly applying the ordinance on parcels life this one does not
produce an undue hardship, it simply reveals the true development potential of
the land
Staff recommended denial There was opposition to the proposal
Steve Bishard
Page 2 of 4
0 Recomrnendations
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the conditions listed below Since the Planning
Commission hearing, the applicant has revised the plat to increase the size of the
cul-de-sac turnaround of the private road, consistent with the requirement of
Condition 1, and to add landscape buffering, consistent with Condition 7 The
revised plat is provided on page four of this agenda request
1A private road shall be constructed to serge all four lots The private road
shall be designed to accommodate emergency vehicle access and
turnaround Private reciprocal cross -access easements and a
maintenance agreement shall be provided for the shared private road
2 only one driveway connection onto N Lynnhaven Road is permitted for all
four lots A one -foot no ingress/egress easement is required along the
frontage of the parcel except at the one perms ted entrance
right-of-way dedication based on the existing centerline of N Lynnhaven
Road shall be required to provide for an ultimate 0-foot right-of-way on
Lynnhave,n Road
There shall be no parking permitted on the private road serving the four
lots
Each house shall have a two -car garage and three additional parking
spaces on each lot
6 Houses shall be constructed in substantial conformance with the three
renderings and photographs submitted with the application, which have
been exhibited to City Council and are on fife with the Planning
Department
A 20-foot landscape buffer shall be provided on the south scale of the
property bordering the private street A minimum 20-foot buffer shall be
provided on the western border of Lots 1 and 2, the northern border of Lot
2, and the northern half of the eastern border of Lot 2 The width of the
buffer adjacent to Lot 7 on it ayfair Court of the Kings Court subdivision
may taper to allow for the cul-de sac of the private road and driveway for
Lot 2 Flung trees within the buffer shall be retained and supplemented
with additional trees and shrubs to form a continuous buffer
Drainage easements shall be provided to ensure adequate drainage for
the subject property The hydraulic performance of the downstream lake,
i e - tailor ater shall be provided during detailed plan review
Steve Brshard
Page 3 of 4
W Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Acton Staff recommends denial Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager � �'�-f,
Steve BisMard
Page 4of4
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STEVE BISHARD / # 20
January 8, 2003
General information:
APPLICATION
NUMBER H06 - 211 - SVR - 2042
REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordnance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
ADDRESS 541 North Lynnhav n Road
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ELECTION
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Planning Commission Agenda
January , 2 --
STEVE EISHARD I # 20
Page 1
SITE SIZE 2 0 acres
STAFF
PLANNER Ashby Moss
PURPOSE To subdivide the property into four tots, three of which are "flag" lots
requiring a subdivision variance
APPLICATION This application was deferred at the November 13, 2002 Planning
HISTORY Commission hearing to allow the applicant to revise the preliminary
plat to address the concerns of the neighboring residents and staff
Mayor Issues.
Presence of a hardship justifying the variance to the requirements of the
Subdivision Ordinance
• Degree to which proposed plat presents an orderly development pattern
Site Plan / Preliminary Plat:
Elting Lot The existing lot is an
irregularly shaped residual lot with
limited lot frontage sandwiched between
single-family subdivisions This piece
was previously part of a 15;acre parcel,
which was subdivided by deed into
number of parcels during the first half of
the 20"' century The subject property
was originally created by deed in 19
The odd shape of the subject property is
the result of various landmarks, like
ditches and pipes used to identify
property lines
Proposed Lots It is the intent of the applicant to create a tour -lot subdivision, three of
which would be flag lots
Planning Commission Agenda
January 8, 2003
SIEVE BISHARD 2
Page
Item ._�BeQ-ui� L-oll
�� � LWI I Lot-4 �
Lot Width in feat 75 �^* 15 T ' 15 "15 I 8561
� Lot Area in I �
1 square feet i 7,500 20,260 2� 1 1 1 1 595
r r
*Variance required
The revised plat shows a 20 foot vegetated Buffer along the southern border of the
property A private 3 -foot-wide cul-de-sac is shorn adjacent to the buffer This road
would serve all four lots
Land Use, Zoning, and Site Characteristics
Existinq Land Use and ZoniDg
Currently, two single-family dwellings and associated outbuildings are located on the
subject property The property is zoned R-7 5 Residential idential District
Surrounding Land Use and Zoning
1ortestsout
East
Zoning History
• Single family dwellings R-7 5 Residential
District
• Across N L nnhaven Road, single family
dwellings R-1 0 Residential idential District
A subdivision variance was approved for two of the lots north of the subject property on
Mayfair Court in 1985 This same property was also denied a rezoning to a higher
density single-family residential category the previous year
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ area of less than 65dB Ldn surrounding NAS Oceana
Natural Resource and Phvsical Characteristics
The rear half of the property is heavily Brooded The front half is developed with two
houses, a detached garage, and shed A lame, mature oak tree is located near the
front of the property approximately feet from N Lynnhaven Road
Planning Commission Agenda
January 8, 2003
STEVE BISHARD / ## 20
Page
Public Facilities and Services
Water and Sewer
Water There is are eight -inch water main in Mayfair Court adjacent to the
northwest corner of the property and ar 20-inch grater main in
Lynnhaven Road fronting the property This subdivision must
connect to City water
Sewer There is an eight -inch sanitary sewer main in Mayfair Court
adjacent to the northwest corner of the property and an eight -inch
sanitary sewer main in N Lynnhaven Road fronting the property
This subdivision must connect to City sewer
Transportation,
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
North Lynnhaven Road in the vicinity of this application is a two-lane collector The
MTP designates N Lynnhaven Road as are undivided facility with a bike path on a
70-foot right-of-way The right-of-way in the area of this application is currently 30
feet
Traffic Calculations
Street Name
Present
Present
Generated Traffic �
Volume
Capacity
N Lynnhaven
,
4 343 ADT
B 200 ART '
Existmg hand Use - 20 ADT `
Road
Level of Service C
3 �
Proposed Land Use - 40 AST ,
-F6ere Daily Trips2 as - - - -
defined by two single family dwellings
as defined by four single family dwellings
Public Sa#etv
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they may pertain to security for residential development
Planning Commission Agenda
January 8, 2003
STEVE BISHARD 1 # 2
Page
Fire and Any structure built on this property must be within 200 feet of a
Fescue City street or provide Department of Transportation approved
all-weather road surface for emergency vehicle access
Comprehensive Plan
The Comprehensive Plan Map designates this area for low density suburban residential
land use at 3 5 dwelling units per acre or less The Comprehensive ive Plan focuses on the
need to "protect the existing residential character of the Little Neck Planning Area '
"The land use and general design of infill development within established residential
areas of Little Neck should be similar and consistent with the general character of the
surrounding neighborhood area
Evaluation of Request
Staff evaluation of a subdivision variance is based on several factors including the
degree of compliance with City ordinances and regulations, consistency with the
Comprehensive Plan, and adherence to good accepted lanai use and development
practices and theory Personal hardship does not eater into the Staff's evaluation
Above all Stafif's evaluation is based on Section 9 3 of the Subdivision Ordinance,
which addresses variances to the ordinance Section 9 3 of the Subdivision Ordinance
states
o variance shall be authorized by the Council unless it fiends that
Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
ad)acent property: and the character of the neighborhood will not be
adversely affected
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as are amendment to the ordinance
D The hardship is created by the physical character of the property,
ineiuding dimensions and topography, or by other extraordinary situation
or condition of such property or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
Planning Commission Agenda
January , 2003
STEVE BISHARD
Page
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance
Despite the changes on the revised plat, the proposed variance request is not
acceptable Although the applicant has dropped one lot from the proposal, three
adjacent flag lots remain which still constitute a considerable variance from the standard
requirements for the R-7 5 Residential District Although the subject parcel is an
unusual shape it by no means justifies a variance of this Magnitude stacking four lots
on top of each other in this manner is completely contrary to the surrounding
development pattern This piece was previously part of a 1 -acre parcel which was
subdivided by deed into a number of parcels during the first half of the 20th century The
subject property was originally created by deed in 1943 The odd shape of the subject
property is the result of various landmarks life ditches and pipes used to identify
property lines The unusual shape of the lot is, therefore the result of an irregular
subdivision of land by a former owner, not environmental conditions or natural features
With fewer and fewer available parcels of land fn the City, variance requests like this
one will become more common However it is imperative to maintain an orderly
development pattern that preserves the integnty of established neighborhoods and
maintains the city s ability to provide services in an efficient and safe manner
Variances are not intended to maximize density where standard subdivision design i
not possible Some trots simply cannot be subdivided to create the maximum number of
lots afforded by the area of the property Strictly applying the ordinance on parcels like
this one does not produce an undue hardship it simply reveals the true development
potential of the land
Therefore this subdivision variance request is recommended for denial If however,
the application is approved the following conditions are recommended
mended
Conditions
1 A private road shall be constructed to serve all four lots The private road shall
be designed to accommodate emergency vehicle access and turnaround
Private reciprocal cross access easements and a maintenance agreement shall
be provided for the shared private road
2 only one driveway connection onto N Lynnhaven Road is permitted for all four
lots A one -foot no ingress/egress easement is required along the frontage of the
parcel except at the one permitted entrance
Plannfng Commission Agenda
January 8, 200
Page
3 A right-of-way dedication based on the existing centerline of N Lynnhaven Road
shall be required to provide for an ultimate 0-foot right-of-way on N Lynnha en
Road
There shall be no parking permitted on the private road serving the four lots
Each house shall have a two -car garage and three additional parking spaces on
each lot
Houses shall be constructed in substantial conformance with the three
renderings and photographs submitted with the application, which have been
exhibited to City Council and are on file with the Planning Department
7 A 2-foot landscape buffer shall be provided on the south side of the property
bordering the private street A minimum 20-foot buffer shall be provided on the
western border of Lots 1 and 2, the northern bonier of Lot 2, and the northern
half of the eastern border of Lot 2 The width of the buffer adjacent to Lot 7 on
Mayfair Court of the Kings Court subdivision may taper to allow for the cul-ale sac
of the private road and driveway for Lot 2 Existing trees within the buffer shall
be retained and supplemented with additional trees and shrubs to form a
continuous buffer
Drainage easements shad be provided to ensure adequate drainage for the
subject property The hydraulic performance of the downstream lake, 1 e -
tailwater shall be provided during detailed plan review
NOTE Upon granting of a subdivision variance, a final subdivision
plat must be submitted to the Development Services Center
for approval and recordation
Further conditions may be required during the
administration of awlicable III Ordinances
Planning Commission Agenda
January 8, 200
Page
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Planning Commission Agenda
January 8, 2003
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January 8, 2003
Page
%RD i # 2C
PACIP 1 c
- SUBDIVISION VARIANCE
CITY OF VlRGlNIA BEACH
DISCLOSURE STATEMENT
kpp li cant ev Name --srevcF 4 15,-1ML L c Q4 L[-A+ C&jr 4_ OL
List gill Current
Property N+ners VLA OP4 D �
PROPERTY NV F DISCLOSURE
Lf the prcp..rty ot�per is a CORP R TI ON list all officers of the Corporation beIov, (Arrach list if nereswn)
Ir the p opeetowner is a PARTNERSHIP FIRM or other UNINCORPORATED ORGA IZAnoN im
al members or partners in .�e organizxion belov. (Arrach hst if rtecessarv)
�cck he c if ncc pro perrw;,ner is INOT a corporation parmership flare or other Li€t1n�.Orperared
orL.trtl xion
of the app Beane fj trot Ili e current n%ner of the property complea the Applrcara Chsclnsure secuon lido
PLI A TT DISCLOSURE,
If the appl cant is a CORP ATT 0 N tilt d1I officers of the Corporation heiow (Attach list rf nccessan �
k
It the. app]icant is a PARTNERS HIP FIRM or other UN INCORPO RATED ORGANIZATI N IIst all
'rerrt~r-s or partrerN in tht organiz.Won bclo �Auach list rf nece;nary)
D CIILCN oc rc if LhL applicant iz. T a corporation partnership firm or other unincorporated organ-1-atLon
CERTIFICATIONI certifteat the t for at n orrfa reed herein is true and accurate
� �gn�twG-e
Pr nt 1-irnc
Planning Commission Agenda
January , 2003
STEVE BISHARD / # 2
Page 11
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Item #2-o
SteN c Iishardlishard leeloprnnt Corp
appeal to Decisions of Administratilt, Officers in regard to
Certain elements of the Subdivision Ordinance
1 Forth Lyria en Road
District
L,ynnba en
Ja.nuan 8 2003
REGULAR
Robert Miller The next stern is Item # o Steve Bishard and l ishard Development
Corporation
Ronald Ripley Do you all want to take break here or do you just errant to push through
this"
Eugene Crabtree Ho%k man, more dowe got" T ko
Ronald Ripley This i it
Eddie Bourdon Mr Chairman again Eddie Bourdon a Virginia Beach attorney
representing the applicant With me today I N.Nant to introduce the owner of this piece of
property Mrs linable Hoggard Mrs Hog and raised se en children on this piece of
property in the 60 years that she has oxkmed it and lived on 1t until she had to leave the
property and mop e ire w rth one of her daughters F o o fher sons and her eldest daughter
are here toda3 And I m going to give you a little bit of history 1 jugs wanted to let � ou
all Ino theN are here And the mother is the owner of the property I m going to pass
out a fax copy of a rei ise i plan that will, I think shove you the conditions that are being
passed out and also the declaration that will go-vern the private road, which 1 11 go into
in a couple of secondt> Let everyone take one and pays it around I arn going to try
believe it or not to be brief because I know a couple of folks here from the community
who I think you 11 be pleased to hear what they have to sad on it the stern The Hoggards
like I said o wn this property for 6 0 years And Mrs Hoggard is a "ido k who v&rll turn
90 years of age in less than t o creeks And she has a number of health problems,
diabetic She's had to have a leg amputated She also has Alzheimer s and she s
arsrcal l bed ridden 21So, she had to move out one of the m o houses on the property
and move in NNith her daughter Mable Whitehurst who is here and Mable pro ides her
care /7 Six f the seven children are retired on fixed rn ornes and Mrs oggard only
has a rnonthN social security check of approximateN S2 o 00 to 11N. e on So this is the
famil s only asset other than again their rndi-% ideal children s incomes and all but one,
are can f i%ed income So, the Pr - pert has to be sold Nk hile the Hoggards have o ned this
property e erg -thing around it has been developed All of it is zoned R-7 5 just as the
Hoggard property is zoned R-7 5 The development that I v\ ant to point to that I thinly i
some significance in Iookincl at this is the property to the north, iN hich is MaN fair Court
That is a piece of property and I m going to pass around the ubdi% ision plat for a f it
Item
'Steve BishardIffishard e,�elopme t Corp
Page
1eck woods and also Maureen Nr on who Ii�es on the flag lot off o f Mair Co urt
Th v have been verb pleasant to -�%ork with I mean clearly the commune m ould like to
see this a park or somethincy like that but theN, also haN e been very reasonable and
understanding that there s an absolute need as part of the Hoggard fami]N to haN e the
property LOnVC ed in order to get the money frorn the property that will help care for
Mfrs Hocygard She needs the care and the daughter needs the relief badl� because she s
been orkin g, handling her mother s needs 2 41 7 And that rs the hardship I m Just
pointing that out The hardship is the configuration ofthe lot the property It s an odd
shaped piece of property It s a char clear hardship situation No provision was made
by access to the property when either of the adjacent properties were developed And
left them "ith no choice but either cop i% hat " as done next door ith the 4 0- foot n ht-
of= to or try as we -% e done here to do some th i ii g that i b a by brid I think one that N& ill be
positive One last thing and 111 be quiet Fhis morning in the informal you had a map
it kind of had some color on it that shored the area There ixe go Than N ou Down
here on L.ynnhaven Road to the north we halv e a situation Nhere we her e a pr11V ate road
and I t,hiA this 1s another private frith all then, houses platted along there I kno w this
one is and I don t want to saN for sure that one is but I know this one is This is not a
situation that is a tNpxcal one In fact this being -vkfa� -v%e re pro% iding for is going to b
far superior than "hat you have here So, this is not out of character ixith the area I
think the hardship is evident The homes that will be built Mere will be wonderful homes
They re certainly not going to be anything detrimental to the character of the
neighborhood in terms of the -%alue tvpe of homes
Ronald laplev Anv questions of Mr Bourdon`
Eddie Bourdon Than �, ou
Robert Miller 'We hay e another speaker Jacqueline A9
Jacqueline Hoskins Jacqueline Hoskins
Robert Miller Okav
Jacqueline Hoskins Mr Chairman Members of the Commission I rn Jacqueline
Hoskins I am a local attorney and I m also a resident of property on King's Neck riN
which 1I I aright thank }you if ou would go back. to the other one please, the other
neighborhood drawing One more there you go I rn on lot number five vkhich i
ad3 cent to what you see in the pictures as let one I like man, of my neighbors have 1 -
foot backyards So we were verconcemed and very interested in workincy with Mr
Bourdon and the potential developers of propert� sellers on this particular property As
the draiA in or appears in the Commission s agenda, I ix ould hat e and do hal e a objection
to it, however e have the adjaLent homeokkmers both here and the others but then
provided the revised drawing that I believe Mr Bourdon just prodded me XAith the added
landscaped buffers H e has also been x erg lnstrum ental in Nkork1n with us in altering
somewhat the declaration to the prop rt which preserves the landscaped buffers And
Item #A20
Steve BishardBishrd Deg{elpLnt Corp
'age
in fact increased it to a 20 foot landscaped buffer all around with some taperincy for the
cul-de-sac On the picture that Nou have Coda) is my understanding that the cul-de-sac is
actualIN going to slip do%Nn a little bit to increase the diameter of the cul-de-sac to alloy
for a little more s r�,r ing of the area The amendments -kNe had made todaN and hich 1
belies e are before the Commission appears to ha% e met all of o r ne ar IN al l of our
concerns as horneo veers ofthe immediate area There is sufficient preservation
landscaping easement mainten ncc of the green border That s one of our major
concerns For the record however a second major concern which is addressed in the
decla-Tations is a substantial and significant drainage problem xvhieh is experienced
all of the lots that surround these particular proposed lots So for the record f want to
make the Cornission verf well aware that vie need and will urge Nou to assist us in
ensuring the drainage problem that we presently have is not exasperated b this
development and then indeed the declaration appears to at least in the initial construction
allowed for a drainage easement N hieh will be as part of %%hart they tall the access
easement that -foot road That is a major major concern ofall the homeowners here
Some of us hay e even installed tempered pumps in our ands to (.tire the existing drainage
problems Y ou need to know the extent of that I'm aiAare of some changes that were
made in the conditions -vh ch are at the Conmmrssron s desk and A ere those incorporated
in to the ones that were distributed-) We srmpl had some corrections would the
Commission have these changes Mr Bourdon` Yes Thank ).ou With the prop isions of
the caveats that the changes, which were inlebriated in the conditions be considered, bN
the Commission then i wouldn t have any objection to the proposed with the revisions of
the asqignment
Ronald RipleN Thank you ver3 much You re concern about drainage is a good concern
Jacqueline Hoskins Very much
Ronald Ripley, But I think you 11 find that, once again that s a site plan issue Once it
gets to Mr Scott s site plan department then their 11 going to be looking at how 1t drains
and making sure it doesn t drain back un to etc
Jacqueline Hoskins l m aware of that but I ve also been practicing long enough to
know for the record it s a realIN good thing to say at hearings Thank �ou
Ronald Ripley Okay Thy you very much An bod-\ else have aw, questions or
comments" Well we have a set of elaht conditions Do ou wish to address us') Could
you tell us H our name'
Clifton Haggard My narne is Clifton Hoggard I am one of the siblings of fable
og and As the attorney just spoke to ou concenung drainage of the property You will
see across the back of this property on King s Neck Woods their homes located as a six
foot fence there And, one of the reasons why this property has a drainage problem is
because the homes that are there the back of this property has corrugated drained these
lincc, going onto my mother s prope rtN There's nee cr been a record She s ne er
Item;�20
Ste% e B i shard/B i sh ard]hex eIopment Corp
Page 5
complained about 1t We have no problems with the sale ofthe propertv along, as it
done th that reasonable price that it will sell for So, that will be mother matter that
i I l be taken up u i th Mr B i shard B ut, I j ust vk are ted to add ress that o ne th i ng beca u se
we have been on that propenN As a matter of fact I just turned 65 Nesterda�
Robert Miller Congratulations Happv Birthdav
Clifton Hoggard And our Noungest sister was bore on the pr- pem and she s 61 So
just wanted to address and probably and hopefully we%%e re hoping that we wouldn t
ha e to because of the condition of our mother at this point in time, there is no other
choice but to get rid of the property
Ronal Ripley You i e seen a lot o f changes there haven't opt`
Clifton Hoggard Certainly have
Ronald Ripley I can remember no Ding's Grant hone of that
Clifton Hoggard It �rasn t there When 1 went t the military in 1 there was nothing
there King s Grant area was nothing
Ronald Ripley You had that one little store down there
Clifton Hoggard Yes sir white I believe his naive was N&ho o ed that store Thank
you
Ronald Ripley Thank you N ery much Mr Hoggard Okav So we have these eight
conditions have been sent and prepared for us and there s been some adjustments made to
thrn For the record card ever�one get a copy of this Okay And for the record, we're
been given mother plat that shows additional landscaping along the western and northern
property line areas Is that correct`?
Eddie Bourdon Yes what I would do isjust adopt these conditions because that was
work in progress Part of that buffer hich is shown as I -feet on there so don't adopt
that It's going to be 20 WhILh IS what this sav
Ronald Ripley Okay
Eddie Bourdon OUN If the Commission is of a mind to those are the conditions the
eight that are there One thing that I would just address verl, briefly is what Jacqueline
was mentioning One of the conditions is that the turn around be large enough t
accommodate a fire truck r thin what s there will accommodate but a truck In order to
do that which we are perfectIN willing to do, what s cloing to happen is this is coin, to be
slid down towards North Lvn haven The turn around ill come into this area because
ih c're not Going t encroach into that 'o-foot landscape buffer These lots are again
Item #2 o
Step e tshard/ lshard Development Corp
Page
much larger than they re required to be This property line x% ill be shifted down this way
a little bit Lots �) ill still be conforming 1n terms of size but this turn around will he in
this area so that s again ike 11 do that between no" and when we get to City Council
That s to address that condition That is one of the conditions here so if the Commission
is so inclined to approve it with these eight conditions the plan will be some xkhat
modified than ik hat you haN e I he communitN 1s wA are of that
Ronald RipleN Thank Nlou very much AnN other discussionsdiscussions9 Someone wish to make a
motion"
Robert Diller Ill make a motion that we approved the application %% ith the modified
conditions that Nke 3u t agreed
Ronald RipleN So a motion bN, Bob Miller, seconded bN Kathy l atsals to approve this
application subject to the eight conditions that ha e been given t us Will Din? Yes sir
William Din Before eve rote on this thing, that s in contrary to what the write up
recommends here and I d life to give Mr Scott a chance to rebut it
Robert Scott 111 be happy to comment on it I thought when we rep lured this
application last for f`ie lots I thought the adjoining neighborhood was being put upon I
think it s a good thing to have worked with the adjoining neighbors and to come up with
solutions that meet with their appro vv al I certainly helps matters a great deal I m glad
that took place I heel that realtv alleviates a lot of the concerns 1 Nkill since statement is
being oracle for the record, I appreciate the chance to saN this I will g11.e our best efforts
with regard to drainage but this is not a particula-rIN orderIN pattern of development
They re going to be some challenges and we will do our bast to deal with it but
subdivisions don t get laid out in a more orderly manner are much easier to drain We 11
certainly provide the best opportunity we can And, I m verb happy to see that the
neighhorhood seerned to be Joining ire with this solut1on because I think it is real Iv what"s
needed and I felt like when we have properties like this it sometimes there s too much
effort being put into how to get the most out of it and not enough effort being put into
protecting the interest of the neighborhood ad)oining and it looks like this is a good
balance of a positive thinking -
Ronald Ripley It s orle of those complicated infill sites that you refer to all the time It
1s Anvh else have anN comments So xNe re readN to ivote
AYE 10 NAY 0 AS 0 ABSENT
C ABA` L
A L
IN
AYE
HORSLEY
AYE
ATSAIS
AYE
KNIGHT
Al E
Item 420
Ste% e Bis and /Bishard Development Corp
Page
MILLER
AYE
RIPLEY
AYE
SAIL'
VVE
STRANGE
4Y
WOOD
AYE
Ronald Ripley Bar a vote of 10-0 the motion carries I want to tulIN conclude here
Once again, welcorne Kathy, and Bmy to the Commission And, Bob I want to thank
-Nu main for an excellent job huge agenda The staff all did a Preatiob Thank you
very much Meeting )s adjour ed
TO VIrginla Beach Planning Comm(sslon,-- Fax # 426-5667
FROM
ADDRESS Phone #
RE- VaMances Proposed for Development of 544 N Lynnfiaven Rd
Concems About the Construction
j
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Ashby Moss -Variances proposed for Degelopement of 541 N l.ynnhaven Rd
From <TwoMathTchgaol com
To <PIanadm@vbgov co
Date 11/10/2002 2 34 PM
Subject Variances proposed for C volop m nt of 541 N Lynnhav n Rd
Gentleman
I have the following concems about the proposed development at 541
Lynnhaven Road
devdopmert removes a large v%ooded area in a residential area
access for emerclen y vehicle appears to be severely limited
parti.cuady
for the back to lots
Four drfve ways side by sfde adversely (impacts the appearance of
the
neighborhood
four drive ways entering a busy road appear to be unsafe
J requLa t the variance not be granted
Thank You
James Dorton
004 Bay Breeze Orde
Virginia Beach VA 23454
fil C. T oc merit %d%.)Bettina \ rnL aI%ottinos\ Temp\G W 4 HTM 1 I/1 /2002
Ashby Moss - Plans to build
From
<Cdgriswofd@aol com>
To
<planadm@vbgov com>
Date
1 1/1 1/2002 12 09 PM
Subject
Plans to build
I five on Kings Neck [give and have for almost 20 years When n I purchased my home this area was named The
Woods of Little Neck r purchased in this area because of the woods 1t remained a beautiful area until about
}rears ago however as usual money began to talk and the woods carve down with a vengeance There is know
only one small section of woods left in the area the area you want to build at 541 North Lynnhaven mood
I am writ;rig today to let rny voice be Beard I DO NOT want any more Nand destroyed for the sake of the almighty
buck
Sincerely
Cheryl risw ld
file '� um nls%2 andl) o C tting '�am'\Local° o2 S ttin 'T nip'%GW t HTNI I M/200
CAt%� V1 1
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Ashby Moss -Variances 541 N. Lynnhaven
From <MmnwcIfPack@aoI corms
TO �PIan dm@vbgov core
Date 11/11/2002 7 22 P1
Subject Variances 1 N Lynnhav n
I would like to expresb my opposrtion to the proposed variances for a
development at 541 N Lynnhaven Road Specifically
Proposed driveways have too many entrances to N L nnhaven in a narrow area
Proposed do eways wfil require the removal of a large oak tree
Destruction of an acre of woods vvi11 have significant environmental impact
4 stacked lots are inconsistent with neighborhood layout
For these reasons I ask you to deny the request far variances
Sincerely
Maureen Nixon
Mayfair cour+
a Beach
file �/C�Dc>cuments"/o20and%2OSettings\amoss\Localo/o2DSettings\Temp\GNI)O0004HTM 11 '1 /{ o2
Ashby Moss - re 541 N Lynnhaven Rd variance proposal
From <Kdmhakie@aol com>
To <pianadm@vbgov com>
Date X 1 J i 1J2D02 7 37 PM
Subject re 541 N tynnhaven Rd variance proposal
To the Va Beach Planning Commission
I object to the proposed variances for 541 North Lynnhaven Fed The proposed
vannaces will have a negative impact on the nearby homes (houses with roads
in the front and back yards) the environment (wildlife in the wooded tot)
public safety (lack of adequate roads for fire arnbulance and police) The
proposed flagpole Jots do not fit rn with the rest of the neighborhood and
will allow further erosion of 0-e community standards Tf a developer has only
a contigency contract for the property and does not stand to rose money if
the project is turned down It is in the best interest of the city to adhere
to its current building codes and turn down the variance request
Dana Mathews
file C uI eats% n %2OS ttin l \Local° o S ttin\Temp1G TM 1 P12/2002
v"- - I I L-- t 3r FL CL � �*
Pcre l of I
Ashby Doss - Proposed variances for property @ 541 N Lynnhaven Rd,
Va Beach, Va 23452
From D UGLAS STENDAHL <DCS0126@msn
To <planadm@vbgov corn
Date 11/11/2002 8 43 P
Sub]ect Proposed variences for property @ 541 N Lynnhav n Rd , a Beach, 1 a 23452
I would like to register my oposition to the proposed variences for the above mentioned property,
as it will eliminate the last unspoiled tract of land in this neighborhood, and in so doing, add a very
densely built group of mouses, none of which will have a decent frontage in the neighborhood, and
will create several flag-1 t fur on one plot), which have, in the past, been shot down by the
planning commission and/or the city council, because flag -lots were not the desired type of
zoning or land usage for the city of Virginia Beach
file ocunients° o rid°/� tti n \ ni L 1° o ttin T rn G � `�I 11/12/200'.2.
V CA
Pale I of I
Ashby Moss - As a resident of Virginia Beach, I am opposed to any variance at 541
N Lynhaven
From Donna Curtis' <Donna Curbs@jwu edu>
T planad r,,db v cam>
Date 11/12/2002 8 53 ANC
Subject As a resiaent of Virginia Beach, I am opposed to any variance at 541 N Lynhaven
s a resident of Virginia Beach I am opposed to any varran a at 541 N Lynhaven
Donna Curtis
Career Serwes Coordinator
Johnson & Wales Uni j fsit
2428 Almeda Avenue
Norfoik CIA 23513
757 853 3508 xt nsw 233
file C Doi.urnents%20and o Settir 'l o L, l° o Benin T ' G '; TI 111'1 /� ?
(I iect) I �4u,4— i
Ashby Moss - Opposition
From 'Randall Dubois' <Randall Dubois@jwu edu>
To <Planadm@vbgov com>
Date 11/12/2002 9 10 AID!
Subiect Opposition
I oppose any variance to the property CP 541 N Lynnhaven City of Virginia Beach in Kings Grant area
Randall Dubois
Pacre I ofI
file // L rn nt o nd%20S ttin \ o \ o I° o S tti �T p\G 1 TI I 1 1 `?
TO Virginia Beach Planning Commission —Fax # 426.561;7
FROM
ADDREM F 3-5r6 A i ne, S Yhons # --ko
V* e%274<14 V/7 z5qf
RE Variances Proposed for Development of 441 N Lynnhaven Rd.,
Corms About the Construction
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TO Virginia Beach Planning Commission — Fax # 4264667
FROM _.�.r..� tP �- �l� v �� �� r
ADDRESS Phone #
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RE. Va4ances Propivacd for Development of 541 N Lynnhaven Rd
0ancems About the construction
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TO Virginia beach Planning Commission -- Fax # 4264667
FROM
ADDRESS LAW P h o n 9#
RE- Variances Proposed for Development of 641 N. Lynnhaven Rd
Cancems About the Construction
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TOTAL P 01
Ashby Moss - oppose the variances for the property at 541 N L ynnhaven
From "Ray Beard" <raybeard@exis n t
To <pIanadmgvbgov oor
Date 11 /12/2002 11 16 AM
Subject Oppose the variances for the property at 541 N Lynnh v n
Planning Commission
I oppose the vanances for the property at 541 N Lynnha en Road Not only world the proposed variances
remove the last remaining patch of woods in our neighborhood the cramped driveways from N Lynnh ven Road
d
world add more traffic in a short stretch of roadway and be unsightly
The proposed layout of the 5 lots is cramped and would detract from the overall layout of the neighborhood
Many tunes I have heard people comment on hour nice our neighborhood now appears This proposed addition
could hurt that appearance
Sincerely
Ray o Beard Jr
501 Cromwell Ct
Virginia Beach IAA 23452
fi) e / {C \Doc umerit °'o? Oand" a -`0 S e t t i n gs � \L oc a 1'1/ ettings\Te p�GW ; 0 0'--)' 11T"A I I /1212
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Ashby Moss -variances---541 N .Lynnhaven
From Alex Leu i' =Alex Leu i(a-, rwu du
To plnadrr ,vbgov com
Date 1 1 1 0 1 1 O PM
Subject variances- --5 1 N LynnhaNen
air, writincy to oppose are variances for the property at 541 N Lyruihaven Road
Multiple driNe ays to serve one neighborhood are rid}c lousI
If the builder can't build a street, he shouldn't be building houses
Vircrinia Beach is already short on open space and wooded areas don't add to the mess by approving
these )variances
Sincerely,
Alex Leuzzi
file l/ \Documents' o ars %'Al-S ttin amass\L al° S ttingsTe � G ' ') T` l 11 l
1 a�C 1 u1 1
Ashby Moss -Public Comment re Variances for 541 North Lynnhaven Road
From Si1via,Lisa <1asi1via@deq state era u
To <P1anadm@vbgov corm
Date 11/12/2002 1 59 P
Subjlect Public comment re Variances for 541 North Lynnhaven Road
Dear Sir/Madam
As a resident and homeowner in the Kings Point East section of Virginia Beach I would like to express my concerns regarding are Impending
variance hearing for development of the lot ident fled as 541 north Lynnhaven Load Unfortunately I am unable to attend the hearing
scheduled for Wednesday November 13 2002at 12 noon due to work commitments Please accept this email facsimrle as my formal
opposition to the variances being requested
In the past fear years we have seen development of other previously wooded lots along the Lynnhaven Road corridor notably in the Goo
block adjacent and opposite to Krugs Grant Elerne-itary School including the Bridget s Landing development These latest homes have added
traffic to Lynnhaven Toad as well as the side streets in the adjoining neighborhoods This is of concern due to the large number of children
in the area especially traveling on foot and bicycle to and from the school playground and ball fieids The proposed subdivision does not
seem to address the burden on roads with all homes accessed by single hidden entrylexit points North Lynnhaven Toad is a two lane
curved residential road with poor visibility
f additional concern is the increased impact to the storm water system in this area During construction and following F have observed
increased amounts of runoff entering the street due to lack of natural controls with the removal of small wooded lots such as that being
proposed for development This includes not only additional waters but significant amounts of soil and mud making the roads slippery
unsighfly and the additional burden on an already taxed system
Filially I find it difficult to unde stand the apprDval of yet anOler housing development ap an area wh)ch has no lack of avalpable homes for
sale or rent even in an aggressive market icings Grant and its associated neighborhoods (e g Zings Print East) are highly sought after for
good value and schools But new homes are not needed tc fill the market s desire
I ask that you please consider these concerns and make a wise decision before allowing yet another smart wooded open space be lost to
unnecessary development continued less of such green spaces will only lower the value of this established neighborhood not enhance it
Please deny the requested variances
Sincerely
Lisa A Silvia
3425 Kings Neck Drive
Virginia Beach 23452
a a lillrsCa)mindspring coo
lasilviaa deq Mate va us
file 11C iTient %20and%ttin \ o L a1%S ttin \Tom W HTM 1111 / .
To Robert J Scott Director
Virginia Beach Planning Commission
Fax 426-5667
From Lisa A Silvia
3425 rings Neck Drive
(757) -Sgg
e Variances Proposed for Development of 541 North Lynnhaven Road
Dear Sir/Madam
As a resident and homeowner in the Kings Point East sermon of Virginia Beach I would life to
express rry concems regarding an impending variance hearing for development of the lot
identified as 541 North Lyrinhaven Pod Unfortunately I am unable to attend the heanng
scheduled for Wednesday November 13, 2002 at 12 noon, due to work commitments nt Please
accept thLs facsimile as mar formal opposition to the variances being requested
In the past few years we have seen development of other previously wooded lots along the
Lynnhaven Road corridor notably in the 600 block adjacent and opposite to Kegs Grant
Elementary School including the Bridget s Landing development These latest homes have
added traffic to Lynnhaven Road as well as the side streets )n the adjoining ne)ghborhoods This
is of concern due to the large number of children in the arez especrahy traveling on foot and
bicycle to and from the school playground and bail fields The proposed subdivision does not
seem to address the burden on roads with all homes accessed by single, hidden entry/exit
points North Lynnhaven Road is a t (ane curved residential road with poor visa xlity
f additional cancem is the increased impact to the storm water system in this area During
con tructicrr and following I have observed Increased amounts of runoff entering the street slue
to lack of natural controls with the removal of small wooded lots such as that being proposed for
development This includes not only additional waters but also significant amounts of soil and
rrind making the roads slippery unsightly, and the additional burden on an already taxed system
Finally 1 find it difficult to understand the approval of fret another housing development ,n are area
that has no lack of available homes for sale or rent, even in an aggressive market Kings Grant
and its associated neighborhoods e g ,Flings Point East) are highly sought after for good value
andschools But new homes are not needed to fill the markets desire
l ask that you please consider these concerns and make a wise decision before allowing yet
smother small wooded open space is lost to unnecessary development Continued loss of such
green spaces will only lover the value of this established neighborhood not enhance it Please
deny the requested variance
Sincerely
Lisa A Silvia
Stephen Whit - Oppose Subdivision
From Dinc)Tirado <dtirado@npskI2vaus>
To <Planadm @ vbgo v cors
Date 11 /13/2002 7 23 AM
Subject Oppose Subdivision
To wham is may Concern
I am writing to oppose the new subdivision on Dings Neck foods and N Lynnhaven Building a new subdivision will bring more traffic loss of the
scenic sites
With the increase building of new homes to the Kings Woods area there will also be an increase of vehicular traffic on N Lynnhaven At night my
granddaughter and I take walls on N Lynnhaven the last levy years A has been getting dangerous to do so With the increase traffic cornes increase
speeders
I moved from New York City several years back to escape the concrete jungle N wanted to live in a place that has lots of trees Kings Neck Woods
was the place Suildrng a new sub division will destroy the trees and the woods which is Kings Neck Woods
Please take into consideration the life impact of losing the woods and the danger of increase traffic
Thank you for taking the time to read and Itsten to our gne►rances
Rafael TFrado
12 Kings Neck Drive
file \ ' I NT Tem GW J TM 11/13/2002
Stephen Whit - Deny Variance
�.. �...`
From <jfwerndh@att li t
TO <PIanadm@vbgov com>
Date 1 11 1 P
Subject Deter Variance
Dear Mr Scott
1 oppose granting variances for the property at 541 N Lynnhaven Road for
further deveipment for several reasons
North Lynnhaven Road is narrow with no shoulders and already has heavy
traffic at all hours of the day and night
There is are efemnetary school almost across the street
Virginia Beach has lost many open wooded areas to development beep this
small parcel of land available as an open green space or a wildlife habitat
Rabies is are issue in the Little Neck area additional development will create
more crowded conditions for wiIdlife thus potential health hazards
Thank you for your ccnsaderation
Janet Werndli
iI C fINNT\Temp W 10 H TM I1 1 2
'age t of I
Ashby Moss - Application #H06-211mSVRm2002
From: <kimberly koehler@bankofamenca com>
To. <planadm@vbgov com>
Date: 1/6/2003 12 06 PM
Subject: Application #H06-211-SVR-2002
To City of Virginia Beach Department of Planning
i received ar letter dated 12/26/02 regarding the Appeal to Decisions of
Administrative Dr#icers in regard to certain elements of thesubdivision
ordinance Subdivision for Steve Bi hard/Sishard Development Corp
Property is located on the west side of forth L nnbaven Road 90 feet more
or less south of Mayfair Court
As a property owner directly ad)acert to this street mentioned above I
would life to submit my comments for the ]actuary 8th meeting as I will not
be a bie to attend in person
I am concerned with this request to build homes on this property for the
following reasons
I Displacement of animal wildlife Where will they go) What plans
will be followed to ensure our amma�s are taken care o"' We are running
out of land for these animals If displaced wjJ1 we experience
animals migrating to our property seeking food and shelter
Noise concerns Once this area is cleared I fear the property
owners wal) experience additional noise from the L� nnhaven Road and
new homes
Traffic I am also concerned with additional traffic in the
reighborhood Could be significant impact to Kings Grant School and our
children who walk and/or ride bikes to school or other activities
(church etc ) on Lnnhaen Road
4 Why not build a park for our children Our neighborhood does not
have a park wjthan close proximity other park is in dangerous area
near maim road with rntich traffic
5 Trees 6iminating these trees not good for our overall
commitment to health as well as mature
What benefit would go to the neighborhood versus the builder
Note ► e have Irved in our home for 9 years The Purchase of this home was
based on the woods behind our home recurity noise and nature
I arn not understanding any benefits to the neighborhood/community versus
profit for the builder
Sincerely
Kimberly W loehter
1 � Kings Neck Core
it mia Beach Virginia 23452
Map Commonwea 1 h Custom Hone BIdTs, Inc
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in 148-74-10
ZONING HISTORY
1 Conditional Use
Permit HorneOccupation) i Approved ^8-01
2 Subdivision Variance— Denied 11-2 -
92
8 Rezoning 1 Residential to F -3 Residential) idential — Approved -11-7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Commonwealth Custom Horne Builders, Inc --- Subdivision Variance
MEETING DATE February 25, 200
■ Background
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance Subdivision for Commonwealth Custom Home Builders
Inc Property is located on the south side of Little Lake Drive, approximately 100
feet east of Little Lake Court (GPIN 1498741624) DISTRICT 5 — LYNNHAVEN
It is the intent of the applicant to subdivide the site into two lots Both of the
proposed lots lack the required width in lot frontage necessitating the request for
a variance
■ Considerations
Rose Hall, a historic farmhouse occupies the site The site is zoned -2
Residential District
Several subdivisions have occurred involving the site Originally part of the Trant
farm, it appears that the site was created ,n the early 1970s with the platting of
the Trant Berkshire subdivision In June 1986 the site was subdivided into three
lots, with Lot A having a lot width of 18 feet on Five Point Road in November
2002, a re -subdivision was approved that increased the lot widths and areas of
the two lots fronting on Five Point Road, and left this lot with only frontage on
Little Lace Drive
The site ,s in the middle of an established subdivision of lots that are
predominately 20,000 square feet in area Both of the proposed lots will exceed
the minimum lot area by more than 15 oo square feet Approval of the variance
request would not be detrimental to the adjacent properties, nor would it
adversely affect the character of the neighborhood It does not appear that the
request would be recurring in nature in the immediate area
Staff recommended approval There was opposition to the proposal
a Recommendations
The Planning Commission passed a motion by a recorded vote of -1 to approve
this request with the following conditions
Commonwealth Builders
Page 2 of 2
Before commencing any site work the applicant / developer shall submit a
tree protection and landscaping plan for the sites Existing vegetation,
particularly the mature oak, magnolia and evergreen trees, shall be
preserved to the greatest extent possible Areas along the southern and
western property lines shall be supplemented with Leyland cypress as
needed Limits of clearing depicted on the site plan shall be strictly
observed Tree protection shall be installed at the drip line of all mature
trees to be retained and shall remain in place throughout the construction
project There shall be no encroachment into the tree protection areas by
equipment or materials
2 The location of the proposed dwellings shall substantially adhere to the
submitted plan titled "PRELIMINARY SUBDIVISION OF LAT A-1, (GPIN
1 - 4 1 20 RESUBDIVISION of LOTS A, B, AND C SUBDIVISION
OF PROPERTY OF LOUIS J AND MARY A OSTERHOUS 1, Sheet 2,
prepared by Hassell and Folkes, P e dated 11 2 Said plan is on file in
the City of Virginia Beach Planning Department
3 Access to Lot A-1 A shall be provided her are all Breather surface, such as
concrete, asphalt or pavers
■ Attachments
Staff Review
Disclosure statement
Planning Commission Minutes
Location Map
Recommended Action Staff re ommends approval Planning Commission recommends
approval
Submitting Department/Agency Planing Department�j�
N'
City Manager � opt
COMMONWEALTH CUSTOM HOME
BUILDERS/# 181
January 8, 2003
General Information:
APPLICATION
REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
ADDRESS 11 01 Five Point Road the South side of Little Lake Drive, 100 feet
East of Little Lake Court
Commonueafth Custom Horne lags Inc
4
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2a 149�b- %t-1620
GPIGPIN 14987416200000
Planning Commission Agenda
January 8, 23
COMMONWEALTH CUSTOM HOME UIL ERS 1
Page 1
ELECTION
DISTRICT ^ L NNHA EN
SITE SIZE 1 679 acres
STAFF
PLANER Faith Christie
Major Issues:
0 Presence of a hardship justifying the variance
Compatibility of the proposed in#ill development with the surrounding lots
Site Plan / Preliminary Plat:
Existing Lot The existing lot is 1 679 acres The lot is 100 feet in width at the building
setback line
Proposed Lots It is the intent of the applicant to subdivide the site into two lots Both
of the proposed lots lack the required width in lot frontage, necessitating the request for
a variance
-7—
t o j Flea u � rid I Lot A -!A Lot � 1 El
Lot Width in feet i 100 1
LLot Area in square feet 20,000 35,373 37,059
*Variance required
Land Use, Zoning, and Site Characteristics
Exisfing_Land Use and Zoning
Rose Hall, a historic farmhouse occupies the site The site is zoned R-20 Residential
District
Planning Commission Agenda
January , 2003
COMMONWEALTH CUSTOM HOME BUILDERS 1
Page 2
SurroundjQ.g.Land Use and Zoning
North
0 Single-family dwelling R-20 Residential District
and Little Lake Drive
South
• Single-family r dwellings R-20 Residential District
East
0 Single-family dwellings/ R- Residential District
Vilest
a Single-family dwellings R-20 Residential District
Zonmq Histou
The site was zoned R-R 1 Rural Residence until 1973 From 1973 to 1977 the site was
zoned R-1 Residential District The immediate area was rezoned from R-1 Residential
District to R 3 Residential District in 1977 The site has been zoned R-20 Residential
District since 198E with the adoption of the City Zoning Ordinance
Planning Commission Agenda
January 8, 23
COMMO NWE ALTH C U STO M HOME BUILDERS! # 1
Page
Several subdivisions have occurred involving the site Originally part of the Trant farm, it
appears that the site was created in the early 1970s with the platting of the Trant
Berkshire subdivision In June 1986, the site was subdivided into three tots, with Lot
having a lot width of 18 feet on Five Point Road d In November 2002, a re -subdivision
was approved that increased the lot widths and areas of the two lots fronting on Five
Point Road and left this lot with only frontage on Little Labe Drive
Air Installation Compatible Use Zone-(AICUZ)
The site is in an A{CUZ of 65-70 dB Ldn surrounding NAS Oceana
Natural Resource anPhvsical Characteristics
The site is grasser and has mature shrubs and trees The only impervious cover existing
is the existing house and an in r and pool The site is in the Resource Management
gement
Area of the Chesapeake Bay Preservation Area
Public Facilities and Services
Water and Sewer
Water There is a four -inch water main in Little Lade Drive on the
northwest corner of the property A ten -inch water main exists in
Five Point road The newly created lots must connect to City
water An existing 8-inch meter may be used by one of the newly
created lots
Sewer Eight -inch sanitary sewer mains exist both in Little Lake Drive and
Five Point Road The newly created lots must connect to City
sewer An existing sewer connection may be used by one of the
newly created lots
Police and Fire
Police The numerical addresses of the dwellings should be clearly visible
at the lot entrances on Little Lake Drive
Fire An all weather surface should be provided for Fire Department
access to any structure beyond Zoo feet from Little Labe Drive
Planning Commission Agenda
January 8, 23
COMMONWEALTH CUSTOM HOME BUILDERS/ # 18
Page
Comprehensive Plan
The Comprehensive Plan Map designates this area as suburban Residential / Low
Density, an area planned for residential use at or below 3 5 dwelling units per acre
Evaluation of Request
Staff evaluation of a subdivision variance is based on several factors, inciuding the
degree of compliance with City ordinances and regulations, consistency with the
Comprehensive Plan, and adherence to good accepted rand use and development
practices and theory Personal hardship does not eater into the staff s evaluation
Above all, Staff#s evaluation is based on Section 9 3 of the Subdivision Ordinance
which addresses variances to the ordinance Section 9 3 of the subdivision ordinance
states
Section 9 3 of the subdivision ordinance states
o variance shall be authorized by the Council unless it finds that
A Strict application of the ordinance would produce undue hardship
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance
D The hardship is created by the physical character of the property
including dimensions and topography or by ether extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance
Staff recommends approval of the subdivision variance request subject to the conditions
listed below The site is in the middle of an established subdivision of trots that are
predominately 20 000 square feet in area Both of the proposed lots will exceed the
4c
Planning Cc>mmission Agenda
January 8, 2003
COMMONWEALTH CUSTOM HOME BUILDERS/# 18
Page
minimum lot area by more than 1,00 square feet Approval of the variance request
would not be detrimental to the adjacent properties, nor would it adversely affect the
character of the neighborhood It does not appear that the request would be recurring in
nature in the immediate area Therefore staff recommends approval of the subdivision
variance subject to the following conditions
Conditions
Before commencing any site work the applicant developer shall submit a tree
protection and landscaping plan for the sftes Existing vegetation, particularly the
mature oak, magnolia and evergreen trees, shall be preserved to the greatest
extent possible Areas along the southern and western property lines shall be
supplemented with Leyland cypress as needed Lim(ts of clearing depicted on the
site plan shall be strictly observed Tree protection shall be installed at the drip
line of ail mature trees to be retained, and shalt remain in place throughout the
construction project There shalt be no encroachment into the tree protection
areas by equipment or materials
The location of the proposed dwellings shall substantially adhere to the submitted
plan titled "PRELIMINARY Al SUBDIVISION OF LAT A-1 (GPIN 1 g - -1 20
RESUBDIVISION OF LOTS A B, AND C SUBDIVISION OF PROPERTY OF
L UIS J AND MARY A STBRHOUS', sheet 2, prepared by Hassell and
Folkes, P C , dated 11/6/02 Said plan is on file in the City of Virginia Beach
Planning Department
Access to Lot -1 A shall be provided by an all Breather surface, such as
concrete asphalt or pagers
NOTE porgy granting of a subdivision variance, a final subdivision
plat must be submitted to the Development Services Center
for approval and recordation
Further conditions may be required during the
administration ration aoofi able ON Ordinances
Planning Commission Agenda
January 8, 2003
COMMONWEALTH CUSTOM HOME BUILDERS! # 1
Page
�.^
Planning Commission Agenda
January , 2003 - f
COMMONWEALTH CUSTOM HOMEBUILDERS/ 1
Page
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]WEALTH CUSTOM HOME BUILDERS/ # I =
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DISCLOSURE STATEMENT
Applicant s Name�_�s�r� t� ���� �� � i. � �f �„�_r' � � ���� � � � tir,� r,I t
f3 1v n
List All Current
L � z' ic,
PROPERTY OWNER DISCLOSURE
If the property o, rer is a CORPORATIONlist ail officers of the Corporation beSow
(Attach list if necessary)
If the property owner is a PARTNERSHIP FIRM or other UNINCORPORATED
ORGANIZATION list all members or par'ners in the organization b lo, (Attach ';st
ifnecessary)
Check here if the property owner is lOT a corporation partnership firm or other
unincorporated organization
If the appficant is not the current owner of the property complete the Applicant Disclosure
section below
APPLICANT DISCLOSURE
if the property owner is a CORPORATION N st all officers of the Corporation below
(Attach first if necessary)
If the property owner is a PARTNERSHIP, HIP, FIRM or other UNINCORPORATED
ORGANIZATION Itst all members or partners in the organization below Attar list
if ge ar
C1 Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION 1 certify that the information contained herein is true
and accurate
Cr M110 ]Wle -i C 0t3� oi e i u Icier ii�
Signature Print Naive
Subdivision Variance Application
Page 9 of 1
Mod f eO 10 16 z o
Planning Commission Agenda
January , 2003
COMMONWEALTH EALTH CUSTOM HOMEBUILDERS/ 1
Page
;XA
V
Commonwealth Custom Home Builders, Inc
Appeal to Decisions of Adrmnistratl e Officers in regard to
certain elements of the Subdivision ordinance
youth side o
Little Lake Drov e approx i mate I 100 feet east of
Little Lake Court
District
Lynnhaven
January 8, 2003
REGULAR
Robert Miller The nest is Commonwealth Custom Florae Builders Inc , Item # 18
Eddie Bourdon Mr Chairman,
again for the record, Eddie Bourdon, a Virginia Beach
e a llcnt I have ackages letters f support There seven
attorney repres ntina the p orr to be
letters and 1 ll
tell you who the re from The letters of support which you re
e come around If you 11 follow with me This is the up
rece��ng copes of there as they I also want to point out that there are two lots
here on the pinpoint this is the property
client bought this entire piece of property here these two
here on Fire Point Road My client h
alot orrunor back into here off of Five Point Road An
lots There was actually a or � C)
man months ago Let me back up even further I sorry to ,lump
came to see nr�e y � around All this piece of property s owned by Mrs
osterhouse or osier I may be
put the property on the market for over sr months and it was
flrpla�n her name, but she p p p d someone
farticles rltter� in the paper She was tr lr y to ffin
Drell advertised a► coupleafter s1�c
w would be interested in preserving the house And a
to buy the property who Dose has no
forth coming It s clearly been determined that the h
months no buyers were 0 � cantl and several
inlfcant historical value and on tap of that the louse is sinif"i y y
cure Since my client Mr Fick and Mrs Johnson bought
damacred by terntes and moss e had �t
cornrrrunicated with the people when Mrs sterhous
the property, they have house if the
a a to reserve it and he would glue therm the
mho were trylnzn
to fin p e about how this
could find the lace to take it we also went in, and he came to see n
d we actuall�r have a plan and 111 show it to you e
property can be resubdlided n et
p ul-de sac here and could have platted five lots that m
mere to put a road in here ith a� c
the R-20 zonincy� category
It would have been this lot on the outside which had access on
Drive and the cul-de-sac here would have been not the
the col -de -sac on Little Lake to tr
�n the rid we felt the easier and hest way rather than y
easiest lots to develop And I�
to do that and put a road � �
1n tr ina to put a road in here next to this existing house would �
be to do what
were here tr iner to do today and that is because there was a provision
L-7 ought a road in this way
re when this was platted We actually could have hr
made h P
because it s wide enough but there vxas no benefit to he had by doing that just to develop
l come in for a flag lot with these two very large lots as
Make these two lots bigger an foot lots the re
appropriately noted Instead of theca being �f f square � y
your staff has
each To develop these two parcels here And Ill go over
3 000 plus square foot lots p we have
the plan in minute Back to here originally started the letters of support
owners f this horne this home an
letters of support from thed this home and this is
�r letter of su support
will be adjacent to geese three homes we have a I p
where the driveways
from the owner of this bonne, this home and the two hones that are under construction
today on these t%k o lots As I understand it there are two folks who are not in support of
the application live here and here So, that's just for reference as to the where the support
letters are emanating 111 pass this around It shows the concept of how this property
could hae been diided and that s not happening It's riot a threat It can t happen But
just for point of information This parcel was under one ownership is well olver 1 acres
of land Whatwe're here for today is simply a two lot subdivision of a 1 67 acre parcel
that's zoned R- again two lots that both far larger Stephen can you put the actual?
Thank you This is the plan These are the two lots that are before you today The
frontage and the entrances ill come off` of Little Lake Drive which is a cul-de-sac The
driveway is to the back house shown here and a driveway corning up to this house
We've even shown where the houses will be located we re centering on the lots so
they're not in close pro imatel� to any of the other hoes that are adjoining us And,
we re showing where the existing improvements are on the adjoining lots we e
provided for a landscape buffer we 11 preserve trees and enhance those with additional
plantings all along the borders with our neighbors here and mere w ve agree on the
conditions that staff has recommended A tree preservation plan We, want to preserve a
many ofthe trees as possible There are a lot of trees here We %k ant to preserve those
trees and simply enhance those with additional plantings not take those trees down To
the deorree that there can be conceived and will impact we believe those are the folks
that are impacted That's where the driveway would be This home is located more than
0 feet or rouaWl feet from the property lire here This house is 40 feet off the
property line Where s fencing all along here, although I believe it 4, a split rail not a
privacv fence And the houses are between a S000-600 000 The new houses that
are under construction here are acrain in the $50 000 range and these houses because of
their being ba(.k off the cul-de-sac on larger lots will be in the 0 000 range They will
he very nice hones on very lame lotq
Ronald Ripley Any questions of MrBourdon?
Eddie Bourdon All the conditions that the staff has recommended are acceptable
Fonald Ripley Thank you 'very much Is there anybody else to speak in favor of the
application`s
Eddie Bourdon l did mention that my clients are here
Donald l iplev Okay we hay e six individuals signed up to speak in opposition And,
in the interest of time I need to limit your time to 3 r nutes each If you need a little
more time we can certainly work with you but in the interest of time will you call the
First one Mr 'filler`)
Robert Miller Lynn Bernard There s some out of order I just put these in alphabetical
order
Lynn Bernard That s the most logical way to do it
Robert Miller Absolutely
Ronald Ripley Or if somebody wants to take all the time and they want to give it to
them they can do that too
Lynn Bernard I think i,% hat we fanned on dozng since %i a re a loose coalition of Rose
Hall friends of Rose Hall Croup, just called together probably over the Cbristmas
holiday because we weren't aware of it that it was ao1 g to come up on the docket so
soon We've been apprised that it would come up no earlier than March 8th
Ronald Ripley So, you all want to spear Each tale about three nunutes and talk
Lynn Bernard Right
Ronald Ripley okay Fine
Lynn eT-nard What we 11 try to do is address different rent points I am Lynn Bernard I m
really grateful for the privilege of speaking before you here todav And I'm a member of
the AVA, although I don't have any kind of official standing in the group but beyond
being member I was loot rig over the recommendations from the staff today l noted
that they did not address the issue of hardship And after speaking with an attorney I
found the definition of hardship not to address whether the developer is going to go into
any econorruc distress But, that the developer must prove that the property is useless and
w orthless And, an appraisal w ould in fact be so me thf rig that would deterrmne that And,
even if the appraiser came in with an amount that Nvas lower than what Conunonwealth
Cuc,tom Homes purchased the property for, that would not be considered a hardship
because than would relate back to his e ononuc liability And, that s according to the
subdivision variance This 1s section 4 4B In fact there are several outstanding offers
for the property which is historic as i And some based on the knowledge that the
S200,000 renovation estimate for the building for the bull linos that has been put forward
by Commonwealth Custom Hones could be seriously inflated Where are more
reasonable estimates for the renovation that have been put forth by a contractor who i
intimately associated with renovating homes and have done so in conjunction with the
APVA He has placed an offer of around $ 0 000 And # e also received many
offers of other people who are restoration you know ii3tirnately as o iated with
restoration of homes And they have said that they would do work in band as well
Secondly Commonwealth Custom Homes has created this hardship, Bice the child who
kills both of his parents and then ernes to this state ac ing for help because he s an
orphan
Ronald Ripley f don t want to rush you up but you re starting to nin out of time fn faLt,
you re out of time
Lynn Bernard Okay He created thefw two lots for Cowolvo Dnve destrovinor the
access effectively and land locking the historical Rose Hall and now comes to you for a
variance for the remaining frontage on Kittle Lake Drive I ask the Commission to
consider how the referral today will affect its authority in the future would it possibly
undernund its authority as developers bring piece meal variances to you which they
them eli,es have created the need for ,And I thank you for your time
Ronald Ripley Thank you very much
Robert Miller The next speaker is Deborah Bullock
Deborah Bullock Good afternoon I rn not associated with the Friends of Rose Hall
although they have approached me f live directly across the street from the access that
you re looking at a variance for My address is 2500 Little Lake Court but mv driveway
would be directly opposed to the access And I rn opposed to it because originally the
access to this property was from Five Points And as was previously stated they blocked
that with a house Now they're looking at not only accessing the property of one lot but
creating two and creaUncr mo accesses on that particular cul-de-sac if you notice there
are four accesses Where are four driveways rime is one and there are three others
And now you re looking on adding two more effectively increasing the number of
accesses on a small cul-de-sac by 50 percent and it was never intended to be that way
He has a small amount of frontage but it was never intended for access It was accessed
from Five Points And the cul-de-sac will not handle the traffic and I am opposed to the
variance Thank you
Donald lbpley Thank you Any questions' Thank you
Robert Miller Arne Mayes Castleberry
Amy Castleberry GreeLings Ili I am an interior designer And I ve restored houses I
am a member of APVA I'rri a member of the National Trust And I am currently
writing a book on the old houses in Virginia Beach And, having restored my own
houses three of them I m Very mti ately aware of how expensive and not expensive it
can be And we re kind of at an emotional loss if we lose our antiquity It s really hard
to calculate how many historical structures have been lost in Virginia Beach hundreds of
houses at least, and there are so few that are left Where are groups in west Virginia that
are actively involved to preserving their vintage turn of the century town and yet n ht
here where everything began, we are still raging war to protect our antiquities to bring
preservation into Main stream con cienc ness Rote Hall ic, not West Dipper and it surly
not part of Cottage Grove but it is however the charming example of early 19'h Century
Virginia Beach architecture and it makes me sad to said it is not example but as a warm
loving family hone It s the land that is more important to Cornish the APVA than the
house itself laud to the lags of our country Land that hosted Indian settlement ground
and land that still retains one full historic planting that's seen almost Zoo blooming
seasons It's our goal to turn Virginia Beach into an area of scenen ss stricken away
everything that makes it unique to Virginia Beach It 1s our legacy r the school children,
who have contacted me about Rose Hall asking me if such a place care be spared b the
bulldozer's blade what is the matter with us as a group that we can t see the importance
of saving a small bit of history that still survived because when your lose it, it is gone
forever and ak city without it s history is a city that has lost its soul Thank you
Ronald Ripley Thank you vcr much Yes Dot Wood has a question
Dorothy wood Did you not know it was for sale9 I believe that Mrs osterhouse was
selling this for quite a while before
Aniv Castleberry Apparently, there was a notice in the newspaper in ,tune And I was
out ofstate at the ume I was not aware And, I am not really sure what the chain of
events were but according to members of our group, they told m y
that there was very
little notice I believe the sale took place in September
Dorothy wood This sale'
Ay Castleberry Yes And everything very quid happened by In my book I
inter sewed the osterhouses and th v were kind and shared all the inforrrration with me
And I was actually showing a friend the different sites that would be in my hook and was
horrified to we that the lay of trees was absolutely obliterated And instead were two
massive houses
Dorothy wood Thy you
Ronald Ripley Thank you ery much
Robert Miller Amy Gardner
Array Gardner I m Array Gardner And I m here as somebody who appreciates old
things And I don't want to see them taken away from future aen r �tions, And, I was
told that there were lags to protect homes that are over to gears old from an architect
friend of none and I wanted that addressed as well
Ronald Ripley Thank you very much
Robert Biller Barbara Gardner
Barbara Gardner There's no farm Iy relatjon between Amy Gardner and I we ju t
happen to hale the same last name and I am an American citizen even though I do have
an accent Rose Mall is a story about greed and negligence If your havers t seen Rose
Hall and its growth, I urge you to go and take a look I visited Dose Dail first with Amy
Castleberry, and to our horror we discovered that the orrounds had been attacked Rose
Hall went up for sale without significant notice as the significantx of this pleLe of
property Rose Hall s allays of anoient Box Wood trees by now have been chopped
down Rose lull s ground has already been subdivided and partially disgraced by two
giant homes which in these days in the press and by leading authors are termed started
castles and McMansions More of this type of flwx incy )s planned for the remainder of
this ma nificent property and very old 1 agnolia is facing death b chalnsaw The
de gracef
� y
destruction of this once ul and important piece of'irYnirr-litetral history
shed some l i crht on a number rnbcr of disturbrn� facts why was the Virainia Beach fit
� y
Council not aware of this magnificent piece of ist �r r Whir was it not m as a
historystructure mapped
cture it i why has Rose Ball been treated as are infill lot that is actually
what is happening in this neighborhood and others in Virginia Beach The developer has
been allowed to build homes completely out of proportion with a natural landscape and
the surrounding homes Rose Mall like other historical structures belong to a wealth
f .rml r that these inch ful ircrinl n id not overrun the beautiful sit There was
harmony between the historical home and the grounds it occupies We are here to save
all of Rose Hall Ancestors are urgently needed to save Rose Fall and other such
properties in Virginia Beach Answers to the questions must greed be allowed to destroy
Virginia history9 who actually considers destroying such a pristine and beautiful estate
for money that easll�r would have been made at another site" And hour will the Planning
g
Cornrmsc,ion deal with other such properties" There s a need for th se size in atalo4-
'
Red Flag when they show up for sale It should only be sold to persons who will restore
but not destroy the entire property Forty years of Virginia Beach history are built on
hundreds of years of Virginian history Rose Hall is a beautiful example of that honored
i story
Donald Ripley Ms Gardner we re getting close to our time
Barbara Gardner Okay
Ronald Ripley Don t mean to cut you to short
Barbara Gardner Last sentence is to the Planning Council I believe has a sharp eye
tourards the future and a wise eye towards the past And, it must protect these historical
wastelands and let s save these historical sites from the wasteland ofdeveloper pr
destructive appetite Let s start with Rose Mall
Ronald Ripley Thank you very much
Robert Miller Gerard Reuss
Gerard Reuss Good afternoon For those who have not had the opportunity Pp y to see Dose
]Nall 1 have brought some pictures that I Ykould like to share with you while I speak
ak
Unfortunately by the benefit of going last some of y points have already been
But P y made
one in particular 1 d life to make is that one of the criteria that must be met for a
subdivision variance to be granted is that the neighborhood will not be adversely effected ected
A
1 feel that is not the ease here s you have already seers the neighborhood has
ready been adversely affected The property were discussing was pan art of
acre parcel The front 1 18 acres have been developed into what halve been called
Mciansin what used to exist was a beautiful allay of Box woods and Crape
that l p riles
led to the 1 20 structure to be sought, and you ill see In the pictures This sale was
not advertised I any one of the complaining neighbors, if you will one of the non
supporting neighbors who lives in the home right behind the `1 " in R-20
Ronald Ripley Could you point to it for us with the pointer`
Gerard Reuss Yes sir I m in this residence rjorht here Aq such one of the views you'll
see is out of my backyard And that is part of the view that I would like to see
maintained As already been said, the two homes that have been built on this property are
totally unlike anything that exists in our neighborhood today our homes are based in
1970s These McMansrons are very much out of character with our existing
neighborhood and I do not wart to see two more of its like cro up instead What s left on
thl 178 acres that is the subject of this variance is that magnificent faun house and also
those magnificent trees And while I m aware of the conditions and the acyreement t
protect the trees, I ve also been told that macrnificent Maornolia that may very well be the
third largest in the state, will be subject to a bulldozer The builder has told me that there
will be no way to save that if he continues with his plain And, I find that to be ver
unfortunate In addition to the house and trees being lost Fm concerned that a lot of the
charm and character of our neighborhood is lost as well one of the lots that will be
created, and if we could advance to what the proposed lots will look like this lot is a
creation of a flag lot w luch I understand that Council and Municipal Code generally
abores And, this lot is unique in that it is surrounded entirely by backyards our
neighborhood has numerous flag lots but they re all used to take advantage of peninsula
lots that have wonderful views Here this person is being subjected to the backyards of
seven adjacent home To rny content if this lot must be developed I would prefer to see
open hone here and treat the property with kindness and regard Are there any
questions)
Ronald Ripley Yes Dot wood has a question
Iorothv wood Sir you live next door and you did not know that Ills osterhoue was
selling the house`s
Gerard Reuss No We used to meet on this corner for and we still do for the bus stop
for our children The AlexanderAlexanders who live in this home were N ery much involved with
Mrs Osterhouse Their had an inklincr that the house was Going to be for sale She
presented us that information at the bus stop we waited to see a for sale sign Never
was a forgale ian seen If there was discussion f sales, it was done behind close
doors under wraps
Dorotby wood I read about it In the paper That s how I knew It was for sale because I
remember reading it to n elderly lady I believe, and she was selling her house
Gerard Reuss That was a result of Mary s work, Ails Alexander s work But at no time
did I ever see a for sale sign up n that pr pert If I may mention related issue, I
convinced that them will be more nei abbors speaking on this issue if they fully aware of
whdt is proposed for this property Right now the posting for this variance is right here
And as our neighbor has discussed the only people who use thancul-de-sac are the three
homeowners who presently live there Everyone else in the neighborhood approaches
this property from Fine Points They know lose Mall to exist from this entrance
Hundreds of cars hundreds ofresidents pass by this site I cure say none of them are
aware of thus meeting talung pace today our civic league meets tonxaht l will h there
and I Nk ill present this information to them It s my hope that you will be understandincr
and will receive some of the comments there are ensure to have as a result of this I know
there s an email address where they can contact you I would ask that you he agreeable
to read those ernails because I am very convinced there are a number of neighbors who
are totally unaware of what ;s being proposed
Ronald Ripley Are you aware that this was also advertised in the paper I mean there
are two ways notice
Gerard Reuss I have the Beacon
Ronald Ripley As well as notice as well There is notice here of the buildzna But I
don t mean people looking in the building but it does cone in the Beacon
Gerard Reuss I halve seen the Beacon
Ronald Ripley I just want to male sure that you're aware
Gerard Reuss I'm intimately aware I e talked to everybody that I can but I can t reach
all the neighbors
Ronald Ripley I understand
Gerard Reuss Not be cruel but what appears in the Beacon I only wear my glasses
rarefy and I need nay glasses for that
Ronald Ripley Any questions" Okay Thank you very much
Gerard Reuss Thanks for your time
Ronald Ripley Mr Bourdon do you want to readdress
Eddie Bourdon Yes please Let me again, with the last comments when this property
when Mrs osterhouse was first eontemplatina sales there were two articles in the
newspaper There was information and I even heard stories on the radio on the newr,
about this ladN wanted to try and find someone one who would buy her house and it
warn t gust her house Ill show you the subdivision Where were three lots ineludin a this
being a flab lot that Mrs ost rhouse had done But it was advertised The house was
even out there Tom Betts was quoted one of my partners were quoted in one of the
newspaper articles that he was representing her They were tryxn t find someone who
will be willing to buy the property and do the work to basically rebuild the house And,
no one came forward Subsequent to that time about sic weeks ago there was n article
in the Virginia Beach Beacon w here my client was quoted, and what I r e already said
was 1n there he was interested in buying the house, the house was going down But if
anybody wants to buy it and move it we'll give it to them Again, it's been in the
newspaper It s been publicized My client s been door to door with everybody around
the property and not just the Iast couple o fweeks for some time It's kind of
disingenuous to say that people don t know about it I mean this is just definitely, you
know, it s been out there If you didn t know about it you chose not to And, f find it
difficult to comprehend that someone living next door didn t knoNk or the people living
down the street dxdn t know Nov. this is the subdivision that the osterhouse s had done
on the property I'm going to pass it around Three lots The flag lot coming off When
mr client bought the property, and you 11 see it as it goes around that %hat it showed was
a flag stern corning here off of Fire Point to the piece that we re here before you today
on with two lots on Five Point Well we talked about How can we develop thus
property`s And we looked at what l showed you before, bring your road in and do fire
lots Also I considered putting flipping this putting the flag stern here instead of along
here along this side and bnngino it in and then hay ing basicall this current flag lot be
the same only rnaller with the flag stem here and than have this lot be the one that came
off of Little Lake Drive the cul-de-sac where it exists So, you 11 ha e the impact on
Fire Point would be the carne and then you have one lot here But that would impact
more people ffavina a driveway come aeon here or a driv way come along here versus
lust hay frig this situation hich only has impact on these folks That s the wa we chose
to go The folks can here support the application we think it s the most appropriate way
to develop lots that are lamer then x hat's around it Unfortunately, because of the tirne
these houses were built, back when 1 was In high school whuch unfortunately which was
quite a number of years ago and they are nice hones 1n wonderful neighborhoods But
today the consumers and especially in this area and this market, the houses are a little big
larger But again w re not even close to any setbacks here We re putting the houses In
the riddle of the lot We have agreed to preserve o a tree preservation plan and
preserve as many of the trees m possible aDd will do that The folks from the historical
preservation entity have a lot of ion and certainly we respect that passion It s
certain)) heartfelt statements they make but at the same time some of it is rather over the
top rhetorical in terms of the insults of greed and that nature This house is 1n a bad way
Bottorn line it is not historical The house is (oing to b demolished unless someone
wants to take it The question simply at that point is, given the size of this piece of
property given the development in the area the hest wary to develop the property, we
cleaft think it s the way It the most sem m ve that s why we ire gone to great ten th
to make it that way And we believe that the case is clear in terms of their being a
hardship eve ve tried not to build a road into it which would just have a greater impact
on ever body else f just don't see that as being a good neighbor we re tr ring to be a
good nexarhhor and develop the propertywithin a reasonable manner loot trying to
maximize but just try to do it in a way that s least disruptive of everybody around that s
been there for 2.0 plus year
Ronald Kepley I think Bob Diller has a question
Robert Mil Ier Eddie hen did your client buy this property the first two lots and this
one I presume all of therm
Eddie Bourdon Mrs o terhouse bought all of it, the three parcels that you see there in
September 20
Robert Miller This last September`s
Eddie Bourdon I believe that s correct
Robert Miller One of the things that I ve noticed is the fact that the plat actually was
recorded in 1985 so those first two lots had been in a isten .e for 1 - 18 years
Eddie Bourdon we drdn t come in All this happening here, the two lots on Five Point
e made therm a little bit wider rather than bring a driveway in what we looped at if
you put a driveway here I think that is where the driveway may have been I m not
certain, e felt like we could move the drivewa ' here Still tie Iot r., are all conforming
you just flip them And then have a lot that came down off of here and a driveway off` of
here And that was one thing we looked at doing but use felt having this is the road
that has the most travel This cul-de-sac the notion that a cut -de -sac can t handle traffic 1
don t know I have a hard time what that concept So what we felt NN as the least
disruptive would he to elinunate the flag stem here and have it he here off of the cul-de-
sac which is what you generally do see and the gentleman s comment about there are
lots of flag lots in this area and they are generally speaking waterfront areas is an
absolutely correct statement And this is a unique situation like a waterfront situation It
is a situation when you got a large parcel that s been developed around and because of
the fact that the owner ix anted to maintain the existing very old structure It is a unique
piece, of property that e find our seIf faced w ith and we re trying to address again in a
zrrular sensitive gray to the community Obviously there are people who waited to
preserve and that isn t going to happen
Ronald Ripley Yes Dot wood has a question
Dorothy wood It probably could be preserved if they would like to purchase it Could it
n t9 Is he wilhng9 What's what I want to know
Eddie Bourdon No absolutely GiN ing it
Dorothy wood I don t mean giving but t think some ofthe people said they would like
to purchase the property
Eddie Bourdon I m sure that s it but economically
Dorothy wood If the} warted too
Eddie Bourdon It certainly could be purchased now as it could have been purchased
previously
Dorothy wood They didn't Icnow about it before Thank you
Ronald Ripley Any other questions of Mr Bourdon` Somebody wish to sponsor Ills
Castleberry a airi.9 Is it new information?
Amy Castleherry Yes it is
Ronald Ripley AM& I'll sponsor
,4,mCastleberry I'll make it very brief It came to my attention fast week I received
lots of support from the public I mean as far away as Fachmond And someone did call
me last week and told me actually I met them in person and they chd tell that she and her
husband had bid on the property but with the idea of restoring the house And actually
creating a space for osterhouse to live in and were out bid by Commonwealth Custom
Domes And the second point I feel needs to be addressed and you may or may to know,
the APVA in Richmond is completely in support of sparing the entire property It does
not want to see the house moved our worse case scenario is saving the house And, Y
have ten r 111on people who are waiting in the wings to see if they can have It But, the
point that we need to understand is that the property itself is was what is historically
aluable It was an Indian bunal ground, an Indian settlement We have even squabbled
with the Bureau of Indian Affairs and they ire conununlcated that this is like sacred
around with them but it just not a piece of land with no st%nificance, so any questions?
Donald Horslev I have a question Does your group have any funds to help purchase
this property
Amy Castleberry we will get the funds f ire had people offer money and if e could
buv it back we d love to do that We would pay him what he ever paid Mrs osterhouse
and we have people willincr to donate their services to restore the house
Donald Horsley All I can say is that you need to talk to Mr Bourdon to see if he can
work that out
Amy Castleberry we'd love to
Ronald Ripley okay Thank you very much Mr Miller you dot question`)
Robert Miller Yeah I -%Fe dot a question for staff Several people have made the point
about this heir y a historical house and the information we ve seen why isn t this on
some kind of registryregistry9 Is there some way Bc)b9 I m familiar with some the houses in our
itv that are on the recyistry and It seems like that s a formal process and it s been taken
in c,reat care It sounds like here s a lot f passion but this is not on there
Robert Scott well we do have historical cultural districts zoning districts which would
to some extent come into play here where it s zoned historical culture But the City
Council has always taken a position that was to be done only with the concurrence of the
property owners and evidently that concurrence warn t there There are some other
properties in the City that are equally old or maybe older In fact you dealt with one
recently over in Kempsville Neither was that zoned historical culture but we were able
to cork out something with the development of the property Lu krly in that case it was
a bigger piece of property so there was more flexibility And, certainlywe re interested
in undertaking those where it's practical and feasible to do o and hav done it with your
help But in this case number one I think the house in itself is In sicynificant and had
shape and that may have somethiner to do with it But, the answer to your question is that
idea did not evidently have a concurrence with the property owners
Robert Hiller So, we actually have a group that goes out and le in older
approachespeople
houses like this at some point in time they did
Robert Scott Several gears ago in the early 1970s we created that we came forth with
a list of and I want to say about two -dozen properties of this nature And about half of
them ended up getting zoned historical cultural with the concurrence of the ro ert
P P '
owners and the other half that was not the case Some of there had been preserved
anyway I couldn t tell you from memory whether this was one of them or not I think it
was but yes the City went forth back in the early 1970s and approached d Variety of
r o err
p p owners to get theminvolved further
Robert Miller Thank you
Donald Horsley Ron if I might add to than I think at some y
point the it went out and
�
tool a listing of all old homes in the city and listed therm, but what it amounted too The
listed therm as being old homes I have had some dealings with some of therm where
people say old homes need to be restored, and whatever, but more often than not these
older homes become liabilities to the property owners because their can tJ u of the
m.oneN to restore these homes So therefore you get into ar predicament like what we re
in now and I know different people have explored avenues but gust nearer had anything
financially to help these people try and restore these homes Nobody s ever said we
need we'll help tell on how to do it but nobody tells you hok to Get the funds to do these
thinas I know this has happened in the past several times It s a Name because I think
there s a lot of heritage that meets lost like that but where the funds are not there for people
to do it and they become liabilities so the bulldozer hits them or 1i ghtening strikes them
or whatever-
Ronald Ripley 'yeah And, I think staf# tried to recognize that with the condition on the
landscaping The building I guess was deemed sornethin that was beyond and I don't
know if it was beyond repair I can t say that but it was in had condition Well who
wants to open this up?
Dorothy wood I was delighted to hear that Mr Bourdon say that his. client's would
work with the people if their do come up with the money And, they have , weeks
before they go to City Council for the final decision And I m sure that you can talk to
them and Mr Bourdon if they come up with the money I'm sure you 11 be very happy t
work with them
Eddie Bourdon obviously, my client would entertain market value financial offers to
purchase the property
Dorothy wood Thank you
Donald Horsley I have one other questionThere was mention if there was a law that
protects hundred } ear -old homes`' I m not familiar with that is there such a thing Bob
Robert Scott well we have state law and it s related to the Historical Cultural Zonincr
District as I talked to you about But even if the property i zoned that it requires
reasonable efforts to be crude to preserve houses that are zoned that war but whose
physical condition or other circumstances are not favorable And if you react the laver all
the way to end It recognizes the possibility that it may not be possible to save them all
even if they are zoned historical culture It requires reasonable efforts to be made but
after all reasonable efforts have been made and after all reasonable efforts have been
exhausted, it comes a time to unfortunately resort to other courses of action
Ronald Ripley And it does take the property owner to agree to that type of overlay f
would think unless you happen to he in a district
Robert Scott That s been the position of our City Council in establishing that and we do
lave approximatel y 15 prope rues ire the C i t 31 that ha ve this N1stoncal Cultural overlay on
them In fact we re in one right here as a matter of fact But, individual Douses and I
would say in come cases have that zoning on them
Ronald Ripley I know where l live is a house next door to me, that falls and it's not as
old as this it s pretty old I asked the lady and she just passed away not to long ago I
asked her why don t you put this on Historical l emstry She didn t want anybody telling
her ghat to do with her property And that was her option And, l fully respected that
and that s kind of what you re dealing with here we've closedWe're endinu our
discussion now Yes
Eugene Crabtree Ron there is a cav publication that lists various historical sites and old
homes .And, unfortunately l just got the pale that had the Rose Mall house on it But it
was in the section of the publication that said 1 `h Century Historical Sites and Homes
and it has a list of its own And from the author there is Francis Eared House over in
W if rare and some of those So it is a city publication where they did as Don said
few years no they went through and made a listing of this in the os I thin} the
Hic,torical Society and all had great deal to do with that and they slid that but there is c1ty
publication that lists all ofthese Yes there 1
Ronald Ripley okay Barry'
Barry Knight when we went on a tour and saw this house out there I can just envision
this old lady elderly lady luring in this house and the roof probably going bad and some
of the entities of the house going bad And if she would have had it in the historical
caCegor} changes t the roof` she ould hair had to replace it with would have cost her
tremendous amount of money because I can tell by looking at this roof it wasn't the 30
vear architect shingles it was your less expensive shingles and it had a ridge cap on top
and it h do t been out but maybe the last 10- 12 years The roof probably i s n t that old so
l can see this lady saying `my roof leaks If l want to bring it up to historical standards
it may cost in the neighborhood h my goodness $ o oo o- o 000 And instead she
taut a to 000 roof And that's just one thing that just popped out at e So, when these
restoration folks tell you that they can possibility bring this house back to historu'al
significance for o 000 I might get a second opinion on that
Ronald Ripley Yes Gene
Eugene Crabtree Ron one more thing This publication do sn t say anything about the
historical value of the mouse It just says that this mouse is also listed an archeological
site
Ronald Ripley we ve all been quite a group
Robert Miller I'll step up I don't want to do this I date this Historic properties I thins
that the lady that spoke to this is exactly right and if we re not paying attention to it we
certainly maybe in the Comprehensive Plan revs it that item as Bob said probably r since
1970 since we ire visited this I would encourage the people that spoke to do everything
you can to find a way to buv that house I think you re right to save something that is
well it s irreplaceable is what it comes down too And yet at the same time I think there
is a reality, like B ..rr� says this is not an easy thing to do If the house has been
maintained its good step through the Historic District for gears and years and gears, it s a
lot easier to maintain that then to bnncy it up to even up the most curTent standards in
come cases then it is to go ba.kwards and try to deal with something that has been lived
in as a residence for the last length of time and been used literally that and certainly they
had a nght to use it and way they wart too It does seem a little strange that this
subdivision that created those front two lots making this into three lots obviously set up
by these folks to be able to exactly ghat they have dome now and that is to sell off the
whole parcel but to be able to sell off indiidual parcels was done in 1985 which seems
to send a message thai the neighborhood E ervone should be padincr attention to things
life that because they owners took a position that we re not going to be left without
resources to be able to resolve our financial situation They made a decision in 1985 to
create the two lots l ve nearer heard of Mcl an ion before I think I live in one Perhaps
many of you live rn one too And those houses that were built they are certaink, and I
don t think they re bad houses or lacking ulit Their loop like they re well built
houses, so, please move and do what you can do as fast as you can do it But 1 think if
this goes to City Counc 1 vv itho t some rdenti `ication as Bob had said that this was
hlstoncal property It does bother me in a way that this is an Indian burial round and
counselor I'm sure you re going to check to find out because I remember some place in a
subdivision that I did one time with some people from Richmond with some spoons and
it tools a long time to get through all that dirt 111 make a motion that approve the
request for variance
Donald Horsley Second it
Ronaid Ripley We have a motion to approve by Bob Miller and a second by ]ion
Horsley to approve the application with the two conditions, three conditions Any other
ii (.ussion Let's call for the question
AYE 9 NAY I
CRABTREE
NAY
I1
AYE
H RSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
S LLE'
AYE
STRANGE
AYE
WOOD
AYE
Ronald Ripley By a vote -1, the motion carries
ABSO ABSENT
ry)mor) WLn,14 h
To Virgima Beach City Planning Commission and City Council Members
RE Proposed subdtvision variance for Lots A-1B (35373 sq ft) and Lot A-lA (37459 sy ft)
We have reviewed the proposed two (2) Eat subdivision plan prepared for Mr Ralph Pick by
Hassell & Falkes P C We have no objection to the creation of these two large 'flag" lots at the
terniinus of Little Lake Dave We ask that you support the requested variance for lot frontage
which is before you
'Np�Z
ame Date
Ini
Address
Date
Page 1 of 1
Stephen Whit - Application #1 -21 - yr-2 2
From "Gerry and Donna Reuss" <reussg@cox net
To <planadm @vb ov corn
Date 1/8/2003 10 01 AM
Subject Application 10 -21 0-svr-2002
Dear Planning Commission
My name is Gerry Reuss ss and I plan to speak today in opposition of the above referenced application As a
homeowner in the area for the past 11 years I am very concerned about the negative impact this proposal will
have 1 will speak to the adverse impact the recent development of this parcel has had on our neighborhood The
main points being as follows
1 The destruction of a significant portion of local history
The bulldozing of magnificent trees and shrubs to make way for homes that in no way blend into the
neighborhood
The negative impact on the charm character and beauty of the neighborhood
Due to the time constraints on speakers ! ) be unable to address two more negative aspects of this
application if approved the subdivision will create a flag or reverse frontage let which will have a home literally
encircled by other homes This in no way reflects what our neighborhood was designed to look (i a In addition
while l am not a lawyer I am unaware of any hardship that prevents the property from being used as it presently
exists For these reasons 1 am asking the Planning Commis ton to recommend to City Council that this
application be denied
Sincerely
Gerry Reuss
(757)496 7516
2508 onsolvo Drive
Virginia Beach VA 23454
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ZONING HISTORY
1 Conditional Use Permit (bingo hall) Approved 1-26-99
2 Conditional Use Permit (auto body repair) Approved 3-10-98
3 Rezoning (13-3 Business to I-1 Industrial) Approved 1-23-93
4 Conditional Use Permit (auto sales) Approved 8-8-95
5 Conditional Use Permit (indoor recreation) Approves! 1 -10-95
6 Conditional Use Permit (motor vehicle safes) Approved 2-9-99
CITY OF VIRGINIA BE
AGENDA ITEM
ITEM S & R Properties, L L C — Modification of a Conditional Use Permit
MEETING DATE February 25, 2903
■ Background
An Ordinance upon Application of S & R Properties, L L C for a Modification of a
Conditional Use Permit for ar bingo tall which was approved by City Council on
January 26 1999 Property is located on the south side of Cleveland Street,
approximately 250 feet west of Ara ona Boulevard GPI J 1 1 23 3 Said
parcel is located at 4933 Cleveland Street and contains 4 81 acres DISTRICT 2
KEMPSVILLB
The purpose of this request is to modify the conditions regarding the site plan
and rendering for the previously approved bingo halls The applicant now wishes
to have only one bingo hail with the other building occulted by a light industrial
use The applicant also requests eliminating the shared covered entrance that
the previous plans showed connecting the two buildings
N Considerations
The property is currently developed with one of the two previously approved
bingo hall buildings The front quarter of the property is zoned B-2 Community
Business District, and the back three-quarters is zoned 1-1 Light Industrial
District
The Conditional Use Permit permitting a bingo hall was approved by the City
Council on January 26, 1999 The Conditional Use Permit has six conditions
1 The project rust be developed in substantial conformance with the
submitted site plan entitled "Bingo at Cleveland Street for S & R
Properties," sheets 1 and 2, plans dated 11 19 9
2 The project must be developed in substantial conformance with submitted
renderings entitled "Bingo at Pembroke Hall," dated 9/4/98
3 The proposed bingo operations must be operated in strict compliance with
rules and regulations established by the Commonwealth of Virginia's
Charitable Gaming Commission as it pertains to the operation of bingo
halls
The Bingo Gaines shall be limited to two 2 "Sessions" per day on
Tuesday, Thursday, and Friday and no more than three 3 Sessions on
s &
Page 2 of 3
Monday The first Monday session must be a Midnight session beginning
at 12 01 a m The playing of Bingo during the "Daytime Session" shall net
commence prior to 10 00 a rn nor later than 3 30 p ran The playing of
Bingo during the "Evening session„ shall not commence prior to 6 00 p m
On any day when Bingo sessions are scheduled in one Hall, the other
Hail shall NOT be open to the public
The Assembly Halls shall not be utilized
at To most firearms trade shows or ehibits commonly referred to
as Gun Shows
b For a flea market community yard sale or similar enterprise
The applicant requests modification of conditions 1 2, and
The previously approved plan included two equally sized buildings to be used for
bingo halls The eastern building has been constructed and operates as a bingo
hall The applicant now desires to construct and use the second, western
building for a light industrial use The likely tenant is a company called world
Off ice Systems, which recycles toner cartridges, services copy machines and
computers, and installs network systems
Because the second building will no longer be used for a bingo hall, the former
condition #5 must be eliminated, as it is no longer applicable Conditions 1 and 2
must be modified so that the applicant can alter the site plan and rendering
Each depicted a shared, covered entrance between the two buildings, which the
applicant no longer desires staff recommended to the Planning Commission
that a covered entrance be provided at the center of each building in lieu of the
shared entrance between the buildings Staff: concluded that this architectural
relief is greatly needed to continue a quality appearance for the buildings on the
site The Planning Commission, however, disagreed and eliminated Staff's
language included as part of condition 2 that would have required the covered
entrance for each building
The proposed I(ght industrial use is permitted in the 1-1 Light Industrial zoning
district and is appropriate for the area condition 5 recommended befog also
eliminates several of the more nox(ous uses otherwise permitted in the 1-1
Industrial Distinict as potential uses, as tong as the bingo haft continues operating
Staff recommends approval There was no opposition to this proposal
■ Recommendations
The Planning Commission passed a motion by a recorded vote of -1 to approve
this request with the following conditions
1 The project must be developed in substantial conforrnance with the
submitted site plan entitled `Revised conditional Use Permit Plan, Bingo
at Cleveland Street for S & R Properties 11 sheets 1 and 2, dated 11 12 2
by Landmark Design Group
S &
Page 3 of 3
2 Foundation landscaping shall be enhanced in front of both buildings
3 The proposed bingo operations must be operated in strict compliance with
rules and regulations established by the Commonwealth of Virginia's
Charitable Darning Commission as it pertains to the operation of bingo
halls
The Bingo Games shall be limited to two 2 "Sessions" per day on
Tuesday, Thursday, and Friday and no more than three 3 Sessions on
Monday The first Monday Session must be a Midnight Session beginning
at 12 01 a m The playing of Bingo during the "Daytime Session' shall net
commence prior to 10 oo a m nor later than 3 30 p rn The playing of
Bingo during the 'Even in g Session}' shall not cornmence prier to 6 00 p rn
The following uses shall not be permitted in the west building as long as
the conditional use permit is active vocational, technical, industrial and
trade schools, truck and tractor rentals, heaver equipment sales and
service, commercial ercial parking lot auto service automobile rental, parts and
supply stores, airports, heliports and helistops and bingo
The Assembly Halls shall net be utilized
a To hest firearms trade shovers or exhibits commonly referred to as
G u n Shows
b For a flea market community yard sale or similar enterprise
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Age cy Planning Department jYV
City Manager r Ic
S & R PROPERTIES, L.L.C. I # 61
January
General Informations
APPLICATION
NUMBER E07 - 211 -MOD - 2002
REQUEST f1 odtfication of conditions placed on a conditional use permit for a
bingo hall on ,January 26, 1999
ADDRESS 4933 Cleveland street
Alap - 7S & -Prope es. LLC
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PIN 14 1423430000
ELECTION
DISTRICT ICT - KEMPSVIL LE
SITE SIZE 4 81 acres
Giro 1 '-14-2341
Planning Commission Agenda
January 8, 2003
s & R PROPERTIES, L L C 1
Page 1
STAFF
PLANNER Ashby Moss
PURPOSE To modify the conditions regarding the site plan and rendering for the
previously approved bingo halts The applicant now wishes to have
only one bingo hall, with the other building occupied by a light
industrial use The applicant also requests eliminating the shared
covered entrance that the previous plans showed connecting the two
buildings
Major Issue.
0 Continued level of quality of previously approved rendering
0 Compatibility of the proposed right industrial use to the surrounding uses
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zon�n�
The property is currently developed with
one of the two previously approved
bingo halt buildings The front quarter of
the property is zoned B-2 Community
Business District, and the back three-
quarters is zoned 1-1 Light Industrial
District
Su rroundi ng Land Use and Zoning
North 0 Office and light industrial uses B-3 Central
Business District and 1-1 Licht Industrial District
South 0 Norfolk & Southern Railway gray line
East 0 Paper distributor B-2 Community Business
District
0 Vacant property I-1 Light Industrial District
West 0 Automobile repair facility 1-1 Light Industrial
Planning commission Agenda
January 8, 23
s & R PROPERTIES, L L c
Page 2
District
Zoning History
The subject site received conditional use permit approval for a bingo hall January 2
1999 The property immediately to the west was approved for auto body repair in 1998
and the property across Cleveland street was rezoned from -3 Business to 1-1
Industrial in 1993
Air Installation Compatible Use Zone (AICUZ
The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana
Public Facilities and Services
Water and Sewer
The property is already connected to City water and sewer
Public Safety
Police The applicant is encouraged to use "Crime Prevention Through
Environmental Design —General Guidelines for Designing
Safer Communities" for safety by design concepts and
strategies In addition, the applicant is encouraged to contact
and work with the Crime Prevention Office within the Police
Department for came prevention techniques and Crime
Prevention Through Environmental Design (OPTED) concepts
and strategies as they pertain to this site
Fire and Adequate No comments
Rescue
Comprehensive Plan
The Comprehensive Plan recommends a variety of employment uses including
business parrs, offices, and appropriately located industrial and employment support
uses The request is in beeping with the recommendations of the Comprehensive Plan
Planning Commission Agenda
January , 2003
s& R PROPERTIES, TIES, L L C
Page
Summary of Proposal
Proposal
The conditional Use Permit permitting a bingo hall was approved by the city Council on
January 26 1999 The Conditional Use Permit has sic conditions
1 The project must be developed in substantial conformance with the submitted
site plain entitled "Bingo at Cleveland Street for S & R Properties sheets 1 and
2, plans dated /19/98
The project must be developed in substantial conformance with submitted
renderings entitled "Bingo at Pembroke Hall,' dated 9/4/98
The proposed bingo operations must be operated in strict compliance with rules
and regulations established by the Commonwealth of Virginia's Charitable
Gaming Commission as it pertains to the operation of bingo halls
4 The Bingo Games shall be limited to two 2 "sessions„ per day on Tuesday,
Thursday, and Friday and no more than throe 3 Sessions on Monday The first
Monday Session must be a Midnight session beginning at 12 01 a m The
playing of Bingo during the `Daytime session„ shall not commence prior to 10 00
a m nor later than 3 30 p ran The playing of Bingo during the "Evening Session"
shall not commence prior to 6 oo p rn
On any day when Bingo sessions are scheduled in one Hall the other Hall shall
NOT be open to the public
The Assembly Halls shall not be utilized
To host firearms trade shows or exhibits commonly referred to as Gun
Shows
b For a flea market community yard sale or similar enterprise
The applicant requests modification of Conditions 1, 2, and
The previously approved plan included two equally sized buildings to be used for bingo
malls The eastern building was constructed a few gears ago and has been operating as
a bingo hall The applicant now desires to construct and use the second building for a
light industrial use The likely tenant is a company called World office Systems which
recycles toner cartridges services copy machines and computers, and installs network
systems
Because the second building will no longer be used for a bingo hall: the former condition
#5 must be eliminated as it is no longer applicable Conditions 1 and 2 must be
modified so that the applicant can alter the site plan and rendering Each depicted
shared, covered entrance between the two buildings staff recommends that the
shared entrance be removed, but a covered entrance be provided at the center of each
building
Planning Commission Agenda
,January 8, 20
s & R PROPERTIES, L L c#
Page
Evaluation of Request
The modifications to Conditions 1, 2, and 5 appear to be reasonable and are
recommended for approval The proposed light industrial use is permitted in the 1-1
Light Industrial zoning district and is appropriate for the area Condition # 5 below also
eliminates several of the more noxious uses otherwise permitted to the 1-1 Industrial
District as potential uses as long as the bingo hall continues operating The removal of
the shared, covered entrance is acceptable as long as a similar covered entrance is
provided at the center of each building This architectural relief is greatly needed to
continue a quality appearance for the buildings on the site Therefore, staff
recommends approval as conditioned below
Conditions
Shows text eliminated by the Planning Commission
Underline shows text added by the Planning Commission
1 The project must be developed in substantial conformance with the submitted
site plan entitled "Revised Conditional Use Permit Plan, Bingo at Cleveland
Street for S & R Properties,,, sheets 1 and 2, dated 11122 by Landmark Design
Group
Foundation landscamna shall be enhanced in front of both buildings
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3 The proposed bingo operat(ons must be operated to strict complfance with rules
and regulations established by the Commonwealth of Virginia s Charitable
Darning Commission as it pertains to the operation of bingo halls
The Bingo Carnes shall be limited to two 2 "Sessions per day on Tuesday,
Thursday, and Friday and no more than three 3 Sessions on Monday The first
Monday Session must be a Midnight Session beginning at 12 01 a rn The
pla ing of Bingo during the "Daytime Session" shall not commence prior to 1
Planning Commission Agenda
January 8, 2003
s & R PROPERTIES, L L c/ ##
Page
rn nor later than 3 30 p m The playing of Bingo during the "Evening Session"
shall not commence prior to 6 oo p
The following uses shall not be permitted in the crest building as long as the
conditional use permit is active vocational, technical industrial and trade
schools, truck and tractor rentals, heavy equipment safes and service,
commercial parking lot, auto service, automobile rental parts and supply stores,
airports, heliports and helistops and biro 11ti o t 19.E �.fszr ho
The Assembly Halls shall not be utilized
a To host firearms trade shovers or exhibits commonly referred to as Gun
Shows
b For a flea market, community yard sale or similar enterprise
(VOTE Further conditions maybe required during the
administration of applrcab/e City Ordinances The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
,January 8. 20
s & R PROPERTIES, L L C
Page
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January 8, 23
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S & R PROPERTIES, L L C !
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S& R PROPERTIES, L L C 1# 6
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Flanning Commission Agenda
January 8. 2
R PROPERTIES, L L C E
pa0p 1r
� DISCLOSURE STATEMENT
Applicant's Name S ck T Prep r tie: -, LL. L � 3 �:Ir 101 a 11 � �
List All Current
PROPERTY OWNER DISCLOSURE
If tie property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
If the property owner rs a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATIONlist all members or partners in the organization below (Attach list
ff necessarl)
7 -. ar I L fi Z3i� ?t- mb t
13 Check here if the property owner (s NOT a corporation partnership firm or otter
unincorporated or an( ation
!f the applicant rs not the current owner of the property complete the Applfcant Disclasum
section bNow
APPLICANT DISCLOSURE
If the property owner,owner,s a CORPORATIONlist all officers of the Corporation below
,Attach 11st ifnecessary)
If the property owner is a PARTNERSHIP, FIRM r other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach hst
if necessary)
❑ Check here it the property owner is NOT a corporation partnership firm or ether
L,nincorp rated organization
CERTIFICATION I Certify that the information contained hereby is true
and accurate
_o;o-wrt --q I
7
Signature Print Name
Modification f Conditions Application
Page 9 of 1
Planning Commission Agenda
January , 2003
S & R PROPERTIES, L. L C / #
Page 11
w
0
S&R Properties L L
Modification Of a Conditional Use Pernut
33 Cleveland Street
District
l emp vxlle
January 8, 2003
REGULAR
Donald Ripley av What it for the consent agenda and deferred items Now, e"r
going t0 hear the regular agenda and Mr Miller will you please call the first item)
Robert Miller The first item is S R Properties L L C
Ronald Riplev what item is that
Robert Miller Item #
Eddie Bourdon Mr Chairman for the record Eddie Bourdon a Virginia Beach attorney
representing S&f And the principle S&R Mr Miller i I here I could there s no one
signed up to speak on this I don t believe
Robert Miller No
Eddie Bourdon I think it s pretty clear that the Only issue Out there since staff 1
rec mm nding approval Of this is a rmn r change In that the original application involved
two separate buildings Thv ere going each be a Bingo ball they were connected
with a cover entrance The Bingo hall that's been in existence in the first building i
oomor to remain but the other building will not be used for Bingo And that s the reason
for the change There - no need to halve that connecting structure and vie limited the Use
because ix e know ghat the user Of the Other building is Roing t0 be The Only issue that
Out there is this issue Of them wanting us the staff saying you need t0 tear down the
entrance of the existing building and build a different type of entrance and do the same
thing On the proposed new building And my client is not wiping t0 d0 that to hear that
expense The land uses are compatible It s in the correct zoning The building is the
nicest building out there I have pictures Of the building in addition t0 ghat you all have
And the existing covered entrance t0 the one building that's there as well as pictures of
the surrounding uses i&hich 111 pass around These buildings set back f om Cleveland
Street 400 feet They got a very attra tree well landscaped parking lot The visibility Of
the building again I would dare any they re attractive or more attractive than the Other
buildings that are on Cleveland Street in this area in such you re not even going t0 see 1t
for anv standard degree and the idea oftearing it down and bull ina something different
n the front is an enactment on us The One thing I d like t0 be able to take credit that
this was some artful drafting on my part that e re pr ier%ina the right to have Bingo in
the second hall and thus we re going t0 eliminate that connecting structure and ultirnatei v
have Bingo in both halls What i not the intent b any stretch f the it agina�tx n and any
Itern #
S&R Properties L L
Page 2
way you want to change the conditions to reflect the Fact that there will not be Bingo
played in the second building is perfectly fine with us There wore t be That was not
anything that was intended to be preserved The second building will not be used for
Bingo, so it s not some elaborate scherne to get rid ofthe connecting covered entrance
There people could he dropped off and ultimately have two bingo halls That s not the
intent at all so our only objection is to the wordincy of Condition #2 I believe it is The
second sentence in condition #2 where however the vhared covered entrance will be
taken into rendering shall be replaced with a similar covered entrance at the center of
each building The remainder ofthat condition ? is the only part that we have anv
objection to The rest of it is all acceptable I don t think it has anything to do ith the
compatibility of the land use
Ronald Ripley So, you %A ould like to we the last two sentences of condition removed
Is that what I m hearing
Eddie Bourdon That is correct fir Chairman My client will not agree to that but he
certainly has no aversion to any other wording changes that anyone may wish to make
that would make it absolutely clear that the second building which will be identical to the
first building that you see there and you see 1n the pictures will not he used for Bingo
That s what I kind of gathered in the informal was part of the issue I think the second
part of the issue, from staff' perspecti-ve, % as the idea that aesthetically we %ere losing
somethincy here and I dust rank] fail to see that If it was going to be two Bingo balls
t7lthe covered entrance with the turn around and drop off made a lot of sense But, these
buildings are attractive buildings in an industrial area that s going to remain an industrial
area This area is not going to be anything but industrial and we certainly think they are
as, attractive I think more attractive than the other buildings in the area If you look at the
newer ores that are attractive but stilt industrial style building they are architecturally
and Lei-tainly no better than hat s been wilt here That's the only that we have any
concern about is having to tear this entrance off and build a different type of entrance and
do the same thinu on the new building we ,lust ant to the second building to be
identical to the one that there now
Ronald Ripley Any questions of the asp lic nt. e
Robert Miller I rn the one that hroucht up the question so I guess you picked up on my
question about the entrap ewar And I agree with you I did note in the pictures that it
looks likes there is some very rice land capinc right around the entrance that shows up
not in this picture but in vour pictures it does
Eddie Bourdon Yeah
Robert Tiller And, then ott to each side though it doesn t look like it#s quite as good Is
there some way to just make that we enhance the landscaping in from of the budding`
Item #
S&R PropertieNL L
Nee 3
Eddie Bourdon I think my client would be far happier enhancing the landscaping then
putting a needless structure on the front f each f the hnildin
Robert MdIer I'm mast suggesting that would be something that I would prefer and
fool ng at the pictures there looks like there is some very nice landscaping ri ht around
that entrance I don t know where it is in this picture Did you touchup the pi.turs you
gave u s "
Eddie Bourdon No sir Those pictures were lust taken
Robert Miller Did we touch up our pictures to look worse'
Eddie Bourdon I think it s just a shadow I think its there It doesn't show up well
Ronald Ripley Might tale it in the afternoon
Robert Diller we tape all our pictures at night'?
Eddie Bourdon If you get close to it you can see the landscaping
Robert hiller I would be 1n favor of makincr a motion at some point if it s appropriate
but would change the requirement from the structure of the architecture of those
entrances to enhancing the landscaping of the building
William Din I have a cornment on the entrance there to, if I may 1 think this whole
area is 1n need of impro ernents And, I think doing improvements enments where we can e en i
1t is on the new building and not having to tear clown the first one may be appropriate I
think the opportunity to try to improvement some of the aesthetics in this area is needed
we take the opportunity to 1mpro% a Iandscapino whereever we can I think we should t
allow thi opportunity as they construct a new building to put an entrance that is not
matching the other one but may be compatible And also some improvement to the
aesthetic of the new building so, I m not in favor of totally eliminating that requirement
and try to make some kind of improvement I thinly the staff should have an opportunity
to have a say so what this entrance loops like
Ronald Ripley Will the entrance to the other building match this buildir "
Eddie Bourdon That is correct The only different is that this building, has if you look
closely has two sidewalks corning up to the entrance on either side I don t know if you
can see 1t on the pictures that I passed around the doors on either side of the entrance
The new building will be identical The entrance will be identical There will be just one
sidewalk and the door will be in the middle as opposed to the two doors on the side
which you current have if you loop closely what s there now the Bingo hall Where are
doors that o out on each side with the sidewalk corning up to grass and landscaping in
the m-iddle The new building will b identical except the door ill b 1n the middle of the
Item #
S&R Properties L L C
Page 4
enclose entrance and here will be one sidewalk coming up rather than split Other than
that the buildings will be carbon copies And obviously you won t have the Bingo sign
But there is no willingness to male the building different The buildings as I said
previously I think clearly if you check out Euclid ich in the Comprehensive Plan and
it is not going to change It's going to be an industrial area These buildings are nicer
than I would ugg,est that any other buildings that are out there The landscaping parkincy
lot is certainly far better than what you see out there for the most part There s a nice
looking building next door that the Hancoks built but I would suggest that it is nothing
in our opinion a superior to this That is right out on Cleveland Street and again we are
about 400 feet back and we c rtainIy are not attracting from that building or NFIee 1 ersa 1n
terms of the aesthetics And like I said my client is not agreeable to having the
buildings look different Havinor the second building look different than the first
bulldlnlg
Donald Ripley Mr Miller has a question I believe
Robert Miller I going to cro back to the statement that you just made with the
Comprehensive Plan and Euclid we are going to on the record do omethin in the
Comprehensive Plan to look at this % hole area because it does bear that attention And
don t thinly what you ve done here is less than an improvement Certainly, it s a much
improvement as will said I think the idea of trying to do something and getting into all
the architecture of how you do entrances and so forth the staff intent and if I
understanding it %as actually produce a canopied entrance like %hat was originally
proposed And, wham I ve read here says quote entrances again so It would be
somehow reduced Is that the same way you saw that that there's a canopied entrance"
Eddie Bourdon From ghat I understood what they were atternpanc, to do was recreate
We were doing the two Brno halls and basically we bad to have separate buildings t
have Bingo everyday So the reality was you were creating a Bingo facility and you 11
have that covered entrance where people would be dropped off and do have the public
coaling there So that was the purpose for that It would really look like one building
which kind of seared the purpose elven though they were separate buildings That's no
longer goincy to be the situation S what staff though is saving is as I read it is build a
canopy all the wad out to the parking It s like ? Feet wide and corrun all the may out
where we had the side A alk and grass And do the same thing on the other building
Now the other building is going to be used by a company we know who the tenants are
going t be W provided all that information It not going to be a building where the
public is corrung to, you kno" it s not a retail or anything like that It s going to be
employees And we dory t need a very expensive structure, covered entrance for the
employees to come to work And It s not feasible and to suggest to do It Mere and tear
do n "hat s there and its been funetioriirig since the facility open is again, 1sn t
somethino that the owner is willing to d and again I don t know want to get into
philosophical argument hob it really relates to the laid use issue and the issue of where
their compatible or the typical issues It sounds like were trying rrucromanage ghat
once ne s building looks and if we were talking about a� building that was in need of
Item #
S R Properties L L C
Page 5
upgrade and repair then I would be more sympathetic to the concern I don t think we re
talking about buildrna here that are at all unattracti� e
Robert Miller From my point of vier I don t have objection to the existing building
that s why I im not having a problem with the second building And I don't know if the
architectural feature would achieve harder anything, again I d o back t my statement
that for this corridor what I would like to see is improvements And one of the thins
that we re going to have to use because we re not Eroing to be able to through there and
Carte Blanche replace architecture that is already there whether that s architecture or
not So the photographs that Eddie have us 1 don t necessarily think it s architecture
but we re not going to be able to oro in and get all these buildings cleaned up today but w
can deal a lot with landscaping and I think that s again I d like to put that on the table
and Eddie said he would agree with that
Donald Ripley Before you make a motion
Robert Miller He s the district guy I m going t wait for me
Ronald Ripley Oh I m sorry Well before we get into a motion did you have
something else to say at this time`
Eugene Crabtree I was going t sort of back up what Bob had said A long as the two
buildings match and there s appropriate landscaping around it to improve the visual it sit
100 yards or better back ol'f the street as it i s I do not personally see anything that
offensive to the entrances Lo the building The only thing that I see is the Bingo hall
You sure need more handicapped parking then what you have but I den t knoNx homer to
do that
Donald Ripley Before we get into making statements, I would like to note if there is any
opposition We have nobody signed up okav Fine Charlie Salle
Charlie Salle Question Eddie you mentioned I think that there would be no Bingo
conducted wbich is I guess the West building
Eddie Bourdon Yes That's actually
Charlie Salle So in condition number five with the uses that are not permitted could we
insert Bingo into that and then take cut the last sentence
Eddie Bourdon Yes
Ronald Ripley So you re removing the last sentence`s
Charlie Salle The last the sentence should the West building ever be used for Binge
And there you add Bingo, as a prohibited, it s net permitted
Item
S&R Properties, L L C
Page 6
Eddie Bourdon After taking in and rno ing it atter helistops and add Bingo and take the
last sentence out That would make it
Charlie Salle I guess there was a eonent when we originally approved it We were
trying to set probably an aesthetic standard for Bingo halls but I'm sure that we got there
And so I rn not terribly concerned about the entranceway as long as the building site so
far off and certainly think that the buildings are in onfon-nit r with the architecture and
the development in the surrounding area
Ronald Ripley Well I would think unless somebody needs to discuss this some more
Can we get a motion on the flog'
wilharn Din I think I lxould at least take the opportunity to say that the second building
is not up And I think there is an opportunity to provide an improved building there If
we can reach a compromise to the entrances here I think some manner when they design
the new building again or with the new entrance that it could be modified to something
that staff would be more comfortable ivith I m not necessarily salving that they reed to
remove and rebuild the existing entrance but I think the opportunity exists for the new
building and the staff should have an entrance that they're satisfied with if we can reach
that comprorruse But I d like to make a motion that we approve this stern as it states and
allow the staff to work that through with that recommendation
Dorothy wood Second
Ronald Ripley we have a motion on the floor to approve the application as stated and
we have a second by Dot wood Mr 1 rliller9
Robert Miller will, Fie got a problem ith that because it says inhere that the shared
entrances covered entrance depleted in the rendering shall be replaced with a sinular
covered entrance at the center of each building So 1t says that you have to go in and tear
down the other building f think theme are some things perhaps that I can agree with that
are softer Architecturally I m not as wormed about it as apparently everybody else is
but this says you have to tear down the other entrance and I am certainly not in favor o
that That is not what you just said a minute ago
William Din No,, it s not but 1t s either re -write this condition now or allow them to
rewrnte jt between .now and Council with our recommendation for some kind of
compromise I think that s my motion that we approve it as is and that staff have an
opportunity to try read some kind of compromise on the new building entrance
Ronald Ripley W ill would you be in favor of removing the word each in condition
two` Mr Miller raises a good point
William Din Yes
Item #
S&R Properties L L
Pacre
Kay Wilson The last sentence of condition one also mentions the covered entrance
Robert Miller This 2.5 feet
Kay Wilson If you cro up to the last sentence If you put in shall be added over the
primary entrance of the center of the west building I believe they refer to it as the west
building Dater on that might a little more clear
Ronald R-tpley okay
Eddie Bourdon I want to be as clear as I can possibly be My client will not agree t
either tear clown the existing entrance and put a cover over it or put a cover over the
second entrance will not So I don t want to be obstinate but that is his position He
will add landscaping He is going to build this building the same as the other building If
you want to deny the request deny the request but playing with the language e s not
going to do it He wants to build this building a second time He will do landscaping but
this buildinc, that he's proposing just like this building it s not going to be a detriment to
the character of that area
Ronald Ripley well Mr Bourdon I appreciate that he doesn t want to do that and I can
understand that respect that totally but we re ma -king recommendations So if e
make a recommendation that s contrary to what your client warts That happens
Eddie Bourdon f ,lust want to make sure it s very clear on the record that there isn t
goincr to be a compron-u e that involves either constructing a nexk covered entrance here
tr
or making the other building different in terms of its entrance or think it will look orse
then to try He rather that they look the same because again I don t believe that s n
unattractive building It certainly isn't by any standard any reasonable standard in that
area
Donald Ripley Thank � ou very much Mr Miller do you haN e a cornment9
Robert Miller I think I'm gong t offer substitute motion that we approve this but that
we remove the last sentence of condition one And condition number two would read
that the pro3ect be developed in eonf nna n e to the first building that was built and the
actual building itself` and not the rendering And than would be the end of Condition
number two And that q mv motion
Ronald Ripley So, we have a substitute motion Do I have a second to the substitute`s
Got a second
Barr} Knight 111 second it
Ronald Ripley Barry Knight has seconded the substitute motion so we need to Note on
the substitute motion Charhe`7
Item #
S&R Properties L L C
pac e 8
Charlie Salle Bob in vour motion in the change that I had talked number 5 would that
he subsequent to vau add Bingo
Robert Miller Absolutely I beg your pardon Charlie I didn t even took at the second
page Yes sir
Charlie Sale Okay{
Ronald Piney foes the second accept that`s
Barry Knight Yeah
Ronald Ripley Okay
Charlie Salle And the other thing is that we right get some guidance from the staff
The project needy to be developed finally in conforrmty with a certain site plan and I
dots t know whether that site plan is the one that is on our packet I m not sure that shows
the covered entrances so maybe that s the site plan that x e should reference
Robert Miller well that's the one I m referencing is the one that was submitted her the
applicant that does not shok anv covered entrances
Charlie Salle I think if the proper references to that site plan is made in Condition
number two, the first sentence and I guess you would strike the balance of that sentence
to make it clear
Robert Biller oh I see We didn't refer to that one It is referred to in Item #1 I
believe
Charlie Salle There is no site plan
Robert Miller Yeah there is It s the proposed plan Page nine
Charlie Salle That shows the plan that would be developed according to this motion is
what I sugest we reference
Robert Miller That s my understanding unless I don t have a date on this that says when
this was a landmark plan but that s the right plan is it not
As,hby Moss, The plan that s ref renced in condition number one is the current plan and
that works with the way you re revising it
Robert biller Page nine
Ronald Riplev okay Dot you have a question`
Item #
S&R Properties L L C
Page 9
Dorothy wood Yes Nor Miller r are you putting in the condition about the landscaping
I noticed that you did not add that when vou took out the building being updated not be
updated
Robert Miller well thank you Dot Let s o ahead and enhance landscaping
Ronald Ripley Does the second accept that"
Robert tiller Second accepts that
Kay Wilson Mr Miller for clanfication again on condition two, if e simply
eliminated condition two I don t know whether Nis Moss is there anvthing in that 1998
plan we would need to include or could we eliminate condition to`)
Robert Miller The only reason I rephrased the first sentence that it would he developed
in conformance to the building that was built
Kay vilson And 1 think that 1s covered 1n one because the I 122 plan is the plan and has
the looking identical
Ashby floss It just shows the footprint of the building So I could suggest for
condition two lust that the second building be constructed to match the existing building
n the property
Robert Miller That was exactly ghat I rn about to sav
Ronald Ripley I think it's pretty what you said Barry I n t that ghat you heard liim
y
Barry Knight Exactly what I heard hire say
Ronald Ripley Thank you very much okay unless there is other discussion, we need
to vote on the substitute motion which will pemut. the other building to be built in
accordance with the ay the fiat building is built similar
Donald Horsley with enhanced landscaping
Ronald Ripley with enhanced landscaping and with rerno al of the last sentence of item
#5 referring to the permission to use it for Bingo
Charlie Salle Bingo is a not permitted Use
Ronald Ripley Yes That s what it does Inserting Bingo is a non -permitted use o
you think you think you have that' okay I think we re ready to vote 1 think
Item #fib
S&R Properties L L
Page 10
AYE 9 NAY I ABS 0 ABSENT
C A T EE
AIE
DIN
NAY
HRSL Y
AYE
IATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
I LEY
AYE
SALL "
AYE
STRANGE
AYE
'FOOD
AYE
Ronald Ripley By a vote o1 -1 the motion carries
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Gpin 1456-64-2160
ZONING HISTORY
Rezoning (R-S3 Residential to C-L1 Commercials Approved 9-12-66
Rezoning (B-2 Business to A-2 Apartment) Withdrawn 10-8-84
Conditional Use Permit (mini -warehouse facility) Approved 9-25-01
Conditional Use Permit {church} Approved 3-10-61
Conditional Use Permit (church expansion) Approved 4-27-93
Conditional Use Permit (church) Approved 8-14-65
Conditional Use Permit (church expansion) Approved 8-22-95
Conditional Use Permit (telecommunications tower) Approved 7-13-83
Rezoning (R-5 Residenba! to B-2 Business) Denied 1 i-$-82
Rezoning (R-5 Residential to 0-1 Office) Approved 3-21-83
Rezoning (B-2 Business to R-40 Residential) Approved 4-23-90
Conditional Use Permit (mini -warehouses) Approved 2-27-78
Conditional Use Permit mini -warehouse expansion) Approved 7-10-78
Subdivision Variance Approved 7-12-77
Subdivision Variance Approved 12-12-78
Subdivision Variance Approved 3-12-79
Subdivision Variance Approved 1-2$-$0
Subdivision Variance Approved $-25-80
Rezoning (R-S3 Residential to C-L1 Commercial) Approved 1 i-8-85
Conditional Use Permit (gas station) Approved 11-8-65
t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Jack Rabbit Self-Storage/College Park, L L C — Modification of a Conditional
Use Permit
MEETING DATE February 25, 2003
■ Background
An Ordinance upon Application of ,hack Rabbit Self -Storage/College Park, L L e
for a Modification of a Conditional Use Permit for a mini -warehouse facility
approved by City Council on September 2, 2001 Property is located on the
north side of Providence Road, approximately 340 feet west of Woodstock Road
(GPIN 1 22 0,, at 5950 Providence Road and contains 4 39 acres
DISTRICT 2 - KEMPSVILLE
The purpose of this request is to modify the conditions regarding site design,
architectural design, landscaping, and signa a for the previously approved min, -
warehouse facility
a considerations
The subject property received Conditional Use Permit approval for a mini -
warehouse facility September 2, 2001 The property had been rezoned from R-
S3 Residential to C-L1 Commercial September 12 1966 A request to rezone
the property to -2 multi -family zoning was withdrawn in 1984 The Jack Rabbit
mini -warehouse facility across Providence Road from the subject property was
approved in 1978 and later expanded that same year That facility has frontage
on both Providence Road and Reon Drive
The applicant has proposed a new site layout in which the exterior wall of the
mini -warehouse buildings will serve as the enclosure required for these facilities
The previous proposal enclosed the site with a fence Landscaping on the
exterior will consist of a staggered row of wax myrtles The 15 foot buffer around
the perimeter will remain as previously shown
The applicant has also proposed to eliminate the two-story office/residence
approved with the previous application No office is necessary at this location as
the applicant has a facility with an office a short distance from the site on
Providence Road The brick sides and mansard roof will be continued on the
east and west sides of the front portion of the buildings The brick without the
mansard roof will be continued along the south side of the building where it jogs
back behind the neighboring office to the west The end -caps of the buildings
Jack Rabbit
Page 2of4
facing Providence Road will be all brick with a mansard roof A tower structure
fire feet in width will be included on the interior sides of both end caps to add
architectural relief and variation for the buildings Lastly, the only sign for the
facility will be mounted on the mansard roof of one of the end -caps The sign will
consist of individual, non-intemally illuminated letters
The modifications represent a significant change to the overall design of the site,
but do not result in a loss of quality in appearance or buffering for neighboring
properties
Staff recommended approval There was opposition to the request
a Recommendations
The Planning Commission passed a motion by a recorded Grote of -o with 1
abstention to approve this request with the following conditions
1 The site shall be developed as depicted on the site plan entitled, "Jack
Rabbit — college Park — Phase 2" which has been exhibited to city
Council and is on file with the Planning Department The plan shall also
include the following landscaping
a A staggered row of wax myrtles around the perimeter of the
property with the exception of the north side adjacent to the
stormwater management facility,
b Foundation landscaping along the full lengths of both end -caps
facing Providence Road, and
c Additional landscape beds in the front dnvewary portion of the
site
2 There shall be no land disturbance other than landscaping in the
Resource Protection Area
The buildings shall be constructed as follows
a The end caps of the buildings facing Providence Road shall be
all brick with a shake mansard roof A fire -foot wide tower
structure with a ,mansard or other type roof shall be added to the
end -caps adjacent to the primary access to the site
b The east and west sides of the front portion of the buildings
shall be all brick with a shake mansard roof
c The south side of the building shall be all brick
4 Any outdoor lighting fixtures shah not be erected any higher than 14
feet According to Section 237 of the City Zoning Ordinance, all
outdoor lights shall be shielded to direct light and glare onto the mini -
warehouse premises, said lighting and glare shall be deflected,
shaded, and focused away from all adjoining property
Jack Rabbit
Page 3 of
There shall be no electric or diesel poorer generator or generator
fueled by any other source of energy located outside of any building
The storage units shall be used only for storage of non -hazardous
goods The units shall not be used for office purposes, band
rehearsals, residential dwellings, or any other purpose not consistent
with the storage of goods
The building sign shall be individual non -internally illuminated letters
mounted on the mansard roof There shall be no freestanding sign
and no other signae on the site
The gate enclosing the site shall be wrought -iron style to barbed
wire, razor wire, or any other fencing devices shall be installed on the
roof or walls of the building or on any fence enclosing the property
There shall be no display, storage, or parking of commercial trucks or
trailers in the front parking area between the main entrance gate and
Providence Road
10 The applicant shall work with the adjacent property owner to construct
a snared entrance aligned with the Freon Drive Providence Road
intersection If the shared entrance cannot be negotiated, the entrance
to the subject site shall be shifted as far to the east as possible
Since the Planning Commission meeting the applicant has been working with
the neighboring property owner to the unrest and with City Traffic Engineering staff
regarding the shared entrance at Freon Drive required by Condition 10 The
applicant notes that discussions have been fruitful and an agreement on a
shared entrance is being negotiated The applicant has proposed the following a
a substitute for Condition 1
10 The applicant shall construct a shared entrance with the adjacent
property aligned with the Reon Drive/Providence Road intersection
The applicant shall also construct a left turn lane to serve these two
properties and any other improvements to be determined during the
site plan regrew process
This proposed condition is acceptable to the staff
■ Attachments
Staff Review
Disclosure statement
Planning Commission Minutes
Location Map
Jack Rabbit
Page 4 of
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department�y1
City ManagerTVN-"'
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JACK RABBIT SELF-
STORAGE/COLLEGE PARK / # 15
General Information:
APPLICATION
NUMBER BOB - 212 -MOD - 2002
REQUEST
ADDRESS
January 8, 2003
Modification of Conditions placed on a Conditional Use Permit for a mini -
warehouse facility on September 25 2001
5950 Providence Road
Jack Rabbit Sep —So
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Planning Commission Agenda
January 8, 200
JACK RABBIT SELF-STORAGE/COLLEGE PARK # 1
Page 1
ELECTION
DISTRICT 2 - KEMPS lLLE
SITE SIZE 4 39 acres
STAFF
PLANNER Ash by Moss
PURPOSE To modify the conditions regarding site design, architectural design,
landscaping and signage for the previously approved mini -warehouse
facility
Major Issue:
Site and architectural design to provide buffers and enhanced appearance
from Providence Road and neighboring properties
Land Use, Zoning, and
Site Characteristics W
ExistinLand Use and Zoning,
The front of the property was formerly
used for a commercial daycare facility,
and the rear of the property was used for
a plant nursery Both uses terminated
some time ago, but the buildings are stilt
present on the site The property is zoned
B-2 community Business District
Surrounding Land Use and Zoniag
North Single-family residential f -1 o Residential
District
South Off ice warehouse facility B-2 Community
Business District
Across Providence Road, convenience store
commercial daycare mini -warehouse facility (also
owned by applicant) mixed retail and office uses
Planning Commission Agenda
January 2003
JACK RABBIT SELF-STORAGE/COLLEGE PARK / # 1
Page 2
-2 Community Business District
East 0 Church B-2 Community Business District and R-
10 Residential District
West 0 Woodstock Elementary School / R-10 Residential
District
Zoninghstr
The subject property received Conditional Use Permit approval for a mini -warehouse
facility September 25, 2001 The property had been rezoned from R-S3 Residential t
C-L1 Commercial September 12, 1966 A request to rezone the property to A-2 multi-
family zoning was withdrawn in 1984 The Jack Rabbit mini -warehouse facility across
Providence Road from the subject property was approved in 1978 and later expanded
that same year That facility has frontage on both Providence Road and P eon Drive
The church immediately east of the subject site received its original Conditional Use
Permit approval in 1961 An expansion was later approved in 1993 Another church on
the east side of Woodstock Drive was approved for a Conditional Use Permit in 1961
and later expanded in 1995
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana
Natural Resource and Phvsical Characteristics
The rear property line approximately coincides with a perennial stream that is a tributary
of the Chesapeake Bay Consequently, approximately 100 feet of the rear portion of
this property contains Resource Protection Area (RPA) as defined by the Chesapeake
Bay Preservation Area Ordinance No construction or land disturbance other than
additional planting is proposed in the RPA
Public Facilities and Services
Water and Sewer
Water There is an -inch water main in Providence Road that fronts this
property This site has an existing water tap that may be utilized
Sewer There is a 3 -each main in Providence Road that crosses the front
portion of this property There is a 1-inch force main that crosses
Providence Road at the southeast corner of this property There is
an -inch sanitary severer main in Providence Road that fronts this
property This site is already connected to City sewer
Planning Commission Agenda
January 8, 23
JACK RABBIT SELF-STORAGE/COLLEGE PART # 1
Page 3
J
4r
%.
Transoortation
Master Transportation Plan (MTP) /Capita! Improvement Program (CIP)
Providence road in the vicinity of this application is currently a four lane divided
major urban arterial The MTP designates this roadway as a 100 foot divided road
with a bikeway There is currently no project programmed in the CIP to improve this
facility
Traffic calculations
Street � Present I Present Capacity � Generated Traffic
Name Volume 1
Providence , ' Zoned Land �J � T DT
Foal DT � � � � o T �
Level of Service C E Proposed Land Use _ 159
1 1 ADT
'Average Daily Trips
2 as defined by 4 4 acres of retail
14 as defined by mini warehouse
Public Safet
Police The applicant is encouraged to contact and work with the
Came Prevention Office within the Police Department for crime
prevention techniques and Crime Prevention Through
Environmental Design (OPTED) conceits and strategies as
they pertain to this site
Fire and Adequate
Rescue
Comprehensive Plan
The Comprehensive Plan recommends retail, service office and other compatible uses
within commercial centers serving surrounding neighborhoods and communities The
proposed use is in keeping with this recommendation provided adequate screening is
maintained to neighboring non-commercial uses The proposed modifications are also
Planning Commission Agenda
January 8, 2003
JACK RABBIT SELF-STORAGE/COLLEGE PARK 1
Page
compatible provided they maintain the level of quality in buffering and appearance as
the previously approved plait
Summary of Proposal
Proposal
The Conditional Use Permit permitting mini -warehouses was approved by the City
Council on September 25, 2001 The Conditional Use Permit has nine conditions
Landscaping shall be installed as depicted on the site plan entitled "Preliminary
Site Plan for Mini -Warehouse" dated /1 01, revised 1/01 which has been
exhibited to City Council and is on file with the Planning Department However,
the following revisions shall be made to the plan prior to site plan submittal
• Category IV landscaping on the northern side shall be moved to the
northern side of the storrnwater management facility
0 Category IV landscaping shall be added to the eastern and northern sides
of the building on the eastern side of the property
0 street frontage and foundation landscaping shell be provided
2 There shall be no lard disturbance ether than landscaping in the Resource
Protection Area
The buildings shall be constructed as shown on the submitted elevation entitled
"Preliminary Road Front Elevation,' dated ,dune 18 2001 by Verebely
Associates which has been exhibited to City Council and is on file with the
Planning Department Materials small consist of colonial red brick veneer with
brown metal mansard roof for the all sides of the office/guard residence and for
the south side of the easternmost storage building The remaining sides shall be
scored concrete block painted to match the brick color Bay doors and trim on
the storage buildings shall be brown
4 Any o utdo o r I ighting f i xtu re s sh al i n of be a rented any h t he r t h an 14 feet
According to Section 237 of the City Zoning ordinance, all outdoor lights shall be
shielded to direct light and glare onto the mini -warehouse premises, said lighting
and glare shall be deflected, shaded, and focused away from all adjoining
property
There shall be no electric or diesel power generator or generator- fueled by any
other source of energy located outside of any building
Planning Commission Agenda
January 8, 2003
JACK RABBIT IT SELF-STORAGE/COLLEGE PAR 1
Page
The storage units shall be used only for storage of non -hazardous goods The
units shall not be used for office purposes band rehearsals residential dwellings
or any other purpose not consistent with the storage of goods
The freestanding sign must be a monument style sign, no greater than eight feet
in height, with a brick base to match the buildings There shalt be no business
identification s)gnage on the walls or roof of the mini -warehouse building
The fencing and gate enclosing the site must be wrought -iron style or vinyl clad
chain link as shown on the site plan described above No barbed wire, razor wire
or any other fencing devices shall be installed on the roof or walls of the building
or on any fence enclosing the property
There shall be no display, storage, or parking of commercial trucks or tratiers in
the front parting area between the ruin entrance gate and Providence Road
The applicant requests a modification to conditions 1, 39 7. and
The applicant has proposed a new site layout in which the exterior wall of the mini -
warehouse buildings will serge as the enclosure required for these facilities Previously,
the applicant had enclosed the site with a fence Landscaping on the exterior will
consist of a staggered row of wax myrtles The 15 foot buffer around the perimeter will
remain as previously shown
The applicant has also proposed to eliminate the two-story office/residence approved
with the previous application No office is necessary at this location as the applicant
has a facility with an office a short distance from the site on Providence Road The
b rick sides and mansard roof will be continued on the east and west sides of the front
portion of the buildings The brick without the mansard roof will be continued along the
south side of the building where it jogs back behind the neighboring office to the west
The end -caps of the buildings facing Providence Road will be all brick with a mansard
roof A tower structure five feet in width will be included on the interior sides of both end
caps to add architectural relief and variation for the buildings Foundation landscaping
will be provided along the full lengths of each end cap and landscape beds will be
added to the front portion of the facility The landscape beef previously required north o
the storrnwater management facility will no longer be required Lastly, the only sign for
the facility will be mounted on the mansard roof of one of the end -caps The sign will
consist of individual non -internally illuminated letters
Planning Commission Agenda
January 8. 2003
JACK RABBIT SELF-STORAGE/COLLEGE PARK 1 # 1
Page
Evaluation of Request
The modifications to conditions 1 31 7, and 8 appear to be reasonable and are
recommended for approval The modifications represent a significant charge to the
overall design of the site, but do not result in a loss of quafity in appearance or buffering
for neighboring properties Staff recommends approval as conditioned below
Conditions
1 The site shall be developed as depicted on the site plan entitled "Jack Rabbit —
College Park — Phase 2" which has been exhibited to City Council and is on file
with the Planning Department The plan shall also include the following
landscaping
a A staggered row of wax myrtles around the perimeter of the property
with the exception of the north side adjacent to the storrnwater
management facility
b Foundation landscaping along the full lengths of both end -caps facing
Providence Road, and
Additional landscape beds in the front driveway portion of the site
2 There shall be no land disturbance other than landscaping in the Resource
Protection Area
The buildings shall be constructed as follows
a The end caps of the buildings facing Providence Road shall be all brick
with a shake mansard roof A five-foot vide tower structure with
mansard or other type roof shall be added to the end -caps adjacent to the
primary access to the site
b The east and west sides of the front portion of the buildings shall be all
brick with a shale mansard roof
The south side of the building shall be all brig
Any outdoor lighting fixtures shall not be erected any higher than 14 feet
According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be
shielded to direct light and glare onto the mini -warehouse premises., said lighting
and glare shall be deflected, shaded and focused away from all adjoining
property
Planning Commission Agenda
January 8, 2003
JACK{ RABBIT SELF-STORAGE/COLLEGE PARK 1
Page
There shall be no electric or diesel power generator or generator fueled by any
other source of energy located outside of any building
The storage units shall be used only for storage of non -hazardous goods The
units shall not be used for off ice purposes, band rehearsals, residential dwellings,
or any other purpose not consistent with the storage of goods
The building sign shall be individual non -internally illuminated letters mounted on
the mansard roof There shall be no freestanding sign and no other signage on
the site
8 The gate enclosing the site shall be wrought -iron style No barbed wire, razor
wire, or any other fencing devices shall be installed on the roof or walls of the
building or on any fence enclosing the property
There shall be no display, storage, or parking of commercial trucks or trailers in
the front parking area between the main entrance gate and Providence Road
10 The applicant seall work with the adjacent property owner to construct a shared
entrance aligned with the Reon Drive/Providence Road intersection If the
shared entrance cannot be negotiated, the entrance to the subject site shall be
shifted as far to the east as possible
NOTE Further conditions maybe required during the
administration of applicable City Ordinances The site plan
submitted with this Conditional Use Permit may require
revision during detailed site plan review to meet all
applicable City Codes Conditional Use Permits must be
activated wrfir►n 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
January 8, 23
JACK RABBIT SELF-STORAGEJCOLLEGE PARK I # 1
Page
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IV
11 1111
4.7. PLAN
IN.-
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Planning Cc>mmission Agenda
January 8, 2003 .
JACK RABBIT SELF-STORAGEMOLLEGE PARK I # 15
Page 9
A R
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HortTH
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PROPOSED PLAN
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Planning Commission Agenda
January�
,
JACK RABBIT SELF-STORAGE/COLLEGE PARK I # 15 .,
Page 1
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PLAN APPROVED IN 2001
Planning Commission Agenda
January 8, 2003
JACK RABBIT SELF-STORAGE/COLLEGE PARS 1
Page 11
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Planning ommission Agenoa ; 1
January 8, 2003
IBC RABBIT SELF-STORAGE/COLLEGE PARK 1 # 1 �-�
Pare 1
Jack Rabbit
Modification of a Conditional Use Permit
5950 Providence Road
District 21
empsville
January 8 2003
REGULAR
Ronald Riplev Yes sir?
Robert Pawl Good afternoon Sir ind Council On behalf of the Woodstock Civic
Lea ue and also personal concerns I wish a deferral for the Jack Rabbit Self Storage,
which was item # 1
Ronald Ripley You re not the applicant though`' ou ould just Iike to defer it'
Robert Pawl well I m upcoming president, which I need to be installed in the next
couple of weeks and a lot issues here that are concerned One is improper advertisement
as tar as the way it was subrrutted It says College Park It says the wrong wording
We re in the Kemp ville District not Centerville So there are a couple of things I need
to know Plus I also need to talk to Mr D ie el ix ho i s the Counc ilper on, which w
were without for quite a while
Ronald Ripley You re not the applicant and what you re doing i you're objecting to the
matter going forward I would assume o we probably need to hear the matter Okay?
So, what I m askinorfor
Robert Paw 1 On today's agenda I
Ronald Ripley Yes So we 11 hear this matter we 11 drop It down on to the regular
agenda
Robert Pave 1 Okay Thank you
LATER
Robert Miller Item #15 Jack Rabbit
R J Nutter Thank you very much Mr Chairman Mr Secretary For the record my
name is R J Futter I m an attorney representing Jack Rabbit Self -Storage I realize this
application was on vour Consent agenda And I also realize that there was a condition
added which we 11 tall about briefly But it was pulled from Consent agenda because
there is apposition So I d like to make a very brief presentation about this and then
respond to the issues raised by the person in opposition to this Because they may not
recognize or realize that this i an application that really i not injectincr this use for the
first time on this ro erty but is modifying conditions for this same exact use on this
property
� � rhls
ro ert It was pre). iously granted by City Council over a year ago Iut to reiterate
p P '
is 4 3-acre site It is currently zoned B-2 It has B-2 on the too sides ofthe property and
across the street And quite frankly what they re trying to do is have a minimal use on
this property and why Council approved it as you know r uni-storage generates very little
traffic It is very quiet And run by the proper people they are verb neat clean and
orderly operations The prior applicant who preceded prior to us com-incr before you
today was reafly not in the mini-storacre business e was the owner oftproperty pr p rt
had never operated a mini -storage facility And so many of the things that he vas
� are not really 1n
ro o lnO to do, experienced operators such as .lack Rabbit reeo�ni ed y
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the best interest of the operations of this facility and thusly wanted to come forward with
proposed chancres The changes we propose really grew out of a meeting with my client
after he had reviewed the approved site plan from the other application He sr a series
of chancresthat h pro
posed to make and we MeL with staff and they said look, all these
chancres are bast a11N improvements to ghat we approved previously However
beeaUse these changes and there are so manv of therm 3 4 5 or 6 of there we think it
best that you file to chancre So that is what led us to coning before you e the conditions to the application previously and show us the
near alternate conditions
`� � Coda Now, 1.'
y �r
like to highlight some of the improvements for you and maybe that would help the
Oentlean because otherwise we are not occupying an greater portion of the property
�.
for this use than the previous owner In fact, we're occupying a little less t property
than the previous oner If I could highlight a few of the changes it s upside down, but
what we 11 do
Stephen white It matches the old one
J Futter There we c7o 1t s the right site plan it s, just upside down
Stephen white There s the old one
R J Nutter There s the old one
Stephen white There s the new one
R J Nutter There's the new one The new one %kill be fine what 1 11 do 1s9 This i
Providence Road r1aht here And we have actually the previous application had
0
because it was its o n free standing facility had a two stor office building located
approximately imatel right here and sat off the right-of-way by feet We elirmn t � that
b
uildlncr entirely which does t%,�o things Number one we've increased our setback from
from the rraht-of-wa to 100 of right-of-way at the narro crest point which 1 s right
here And we ve eliminated any two-story structures on the property whatsoever These
are now all one-story structures There are no two-story structures at all The other thing
we ve done 1n the front ofthe property is and it atsn t clear on their prior application but
w n their site Zan as roved their had durnpsters located believe it or not right here
he p Pp
forward of their buildings They were landscaped but them were still dumpsters in front
C,
of it as opposed to inside the scope of the project we eliminated that entirely They re
now located completely inside our closed wall area Their re outside the right-of-way
visibility triangle completely So we improved this by increasing the setback
elfin nating the two story structures we ve also increased the landscaping We re
putting additional landscaping across both the front ofthese structures as well as on both
sides here And in addition to that we also fully enclosed the facility now by all ails
The prior applicant had the wall structures running down on this side this side and this
side and he had them here we ve added the wall structure full enclosing here So
when you look from any side of the property the only point you can inside this property
whatsoe% er is this point right here Again that s 100 feet back from the right -of- k ay
So by it being fully enclosed it has a lot of benefit It enables it to beep it clean It
reduces the line of sight from adjacent property o ners in the property So it doer, a lot
of improvements All of the principle features in terms of the brick facets In fact we ve
added addition brick to this feature then it was in the previous application as %ell And
finally I would like to point out on the signage The prior applicant had a freestanding
sign 7 foot off the ricrht of - ay located at that location we re eliminating the
freestanding sign altoorether and going with a building mounted sign that is non-
illurrnnared on the side of the building So I think you 11 find if you loom at it in terms of
ghat Council approved pre iousl r there is significant major improvements in this
application that was previously approved We feel that it is a much better application
And we k-now that it is a more efficient operation for operational purposes inside this
particular business So we re very happy with it And 111 be happy to respond to some
f the questions I 11 address the issue on the last change of condition number ten in just
a few minutes after he speaks if that s alright unless you'd like rile to address it now
Ronald Ripley It's appropriate to address it now Do you have a problem with that item
number ten being added` It seemed pretty flexible
R J Nutter And I appreciate it I did not represent the prior applicant So, I don t knovo
, by it was exactly put on and why it was taken off by Council but I have been led to
believe bar staff that thev had looped at It between Council and Planninar Commission, the
previous application and found that the streets really don t line up to allow that
connection to occur Now I can t confirm at this junction although I do know that my
client to believe that the road doesn t quite line up But I can tell you that what we ve
done and have no objection to it all is we moved our entranceway This is the limit of our
property right here we ire moved our entrance w ays as far down there as we can and
kept up the landscaping
Ronald Ripley That 1s what this sags I think lsn t It
R J Futter If this complies, we re fine with that then
Ronald Ripley Okay
J butter Yes sir
Ronald Ripley Any questions of Mr butter? Okay
R J Nutter- Thank youvery much N4r Riplev
Ronald Ripley Thank you fro we have anybody else who wishes to speak in favors Is
there anybody who wishes to speA in opposed' Do you have anybody"
Robert Miller Yeah N4r Robert
Ronald Ripley okay
Robert Bawls Good afternoon My name again is Robert Pawls F m a resident o
Woodstock and President of the ci-vic league And also represented by the
environmental conmttee that represents the lake that is behind It is not shown on this
map over but there is a lake hack here that we had significant drainage iron this property
that will go back behind here The school that wcts recently down over here which is not
complete for the drainage there s a lot of wetlands There s wetlands that this property
encroaches right back in here There's also a parkino lot that is down here since the last
planned ii as approved that is attached to the drainage that goes down this lake There are
several ens ironmental issues that I m working with Clay Bernick which is part of the
Planning Department The actual request that was brought up right now which at the top
of the page says College Park we re not in the College Park area we re in the
Woodstock leampsville area It alto sags on Page, two that were in the Centerville
District which we Ne been playing a shell game with our area between Centerville and
f emv ille It s always been Kemps ille Sometime in the past three years it s been
between M ndigo and Margaret Sure as faris who was our Councilperson Then
Mandlgo was and then he had to leave And we got another person that just carve into
office recently in the past couple of weeks I have not been able to meet with the
gentleman to discuss our situation here The whore scope of this concept is drainage that
comes from the interstate that is nght there we have flooding problems It little things
ail around this area But even more to we got a project that they errant to continue over
here I ve not had time to discuss with the civic league which our meeting 1s coming up
and I cordially invite attorney and new ownerships and people like that to come out and
ma rbe propose ghat the N w tint to do because a lot of people are just going to be phoning
rune and saying gee Bob what going on they re tearincr everything up ' I know there
were some environmental issues that came up with the school over here They said they
would take care of It From my obser% ation I �e seen some -% iolations Once a bulldozer
backs over something it s too late to do an thin g about it I know the plans that there
corning up with here and I m jumping around There's just so many things here that we
need to address and fill in what they call this a BMP or a pond behind the unit there i
expected to be put in there I can't react on the int rnet the property markers lire you
know when I try to blow it up it s fuzzy like your stuff here i can t read it The City s
requesting that they put it in but besides the school that Nx as put up another cell tower was
put up or changed over from like a radio tower to a cell tower we re netting our lake
filled in which Wac, originally like 65 feet deep possibly vears ago Now, you can walk
through it reading a nevi spaper and not aettincr the new spaper wet with the title So it
seeping in there We re still working on it with the environmental people as far as, getting
some BMP and some drainage addressed behind the school already we re heading
another drainage situation over here You might have those ponds but I haven t seen any
drainage plans as far as inside f here r behind here Where is that oir� to drain to"
The lake is a circle say behind this area here but the whole corner is just filling in from
City property and other properties that have done construction 1lust couldn't see and I
can t understand whey even the school was built without addressing those BMP problernN
and things like that But I l-nw the ownership here is requesting I rn sure that you're
requesting that these new owriers that behind the new facility it 1 j ust need to address this
and I'm requestlne, for a deferral with the several conditions here including advertising
and just being able to address this to the civic league Then again I cordially invite there
to have a meeting near the end of the month the civic league meeting right near the
property and they can discuss that with the landowners in the neighborhood And these
are people from the neighborhood We re very concerned about that lake Fight now it s
between three cities and attorneys and inhere the money is cromor to come from what
else are we talincr here`? Rain water run off funds that have never been addressed for
that area but we re getting a lot of encroachment on these properties He sags he s not
going to have the modification Basically the original plans have been complete for
change I re llv don t have objection to h t' s going on 13 u t want to make sure that all
the little matters are addressed especially environmental Some area of proposal on item
have category four landscaping shall be moved to the lawn I rn not sure ghat area
specifically when they say crape myrtle I m riot sure what size we re looking at On
item two there should be no land disturbance other than landscaping in the 1PA I m
lost on this I need to be speaking with somebodv Councilperson May be their
attome 9 May be the new owner`s Somebody
Ronald Ripley This property is already zoned It already has Use Permit for a mini
storage They could build it today They don't need to ask anybody anything What
their re asking to do is make a revision to that to build essentially the same footprint
May be a little smaller And some of the issues }you're brincring up such as BMPs which
are the drain offs and size of trees and other things that are going to Cyo in there are going
to be handled on site plan approval and Mr Scott s department will review that and
e erthing will fit AN far as those BMPs are concerned correct me if I'm wrong the
drainage from that site post development should not exceed pre development Is that
essentially the design criteria for the BMP9 So the idea is to control the runoff into the
lake which w e re concerned about it I know the City s concerned about it and the
applicant has to pay attention to that bey virtue of meetinor those requirements So all
those things will be addressed at the site plan approval But what this applicant is asking
to is just to revise the plan And it loops like he has made considerable upgrades to it and
I would think the community should be I would think they would be pleased if the
facility they are getting if this was to be approved is better than the facility that as
approved That s why we re a little confused
Robert Pawls I rn not saying that we disapprove of it totally we ,lust need a little bit
more time to understand exactly You just brought up something The itv is very
concerned about environmental issues You said that it s a prerequisite to hale those
BMPs in, yet there s nothing behind the school which at one time The original
Woodstock Elementary School had no drainage It just seeped into the land It had no
drainage off the building It seeped into the land The parking lot was a lot smaller
low everything goes Drainage from that school and the school goes into the ray ine N o
BMP You just said a second ago and contradicted I believe that you said that we need to
have this prerequisite Now l don't under Land what happened to the City thing
Donald Ripley well I can t speak to what the school
Robert Pawls Correct
Ronald Ripley That matter didn't cone before this Comnussion because they had the
property They owned the property and they build an addition to the property In thus
instance we have an applicant that is asking for a revision to a Conditional Lice Pert
That s why we re hearing 1t
Robert Pawls May I also bang ups
Ronald Ripley Mr Miller has a question
Robert Pawls okay
Robert Miller what I was going to say is that it sounds like it 11 be really helpful to you
You got time between now and City Council whatever actions we take, as
recommendation and then it goes to City Council And them %ill be a period of time
I rn sure that 1r Futter and his client will be happy to get with your civic league I also
think that you might want to get with the staff representative who is, Ashby Moss and just
talk about some of these things and she can lead you to the people that would be able to
ei v you some better answers The School Board issue that you r bn n c in o u You r
LOP
going to have to go ictually to Tonv Arnold and somebody at the School Board
Robert Pawls That s being built right now and It is still In the works
Robert Miller But it really doesn t affect this decision 1n the sense that I think this
decision will go through the process that Ron 3 u s t e pl ned to you that w i11 take cage o f
e erything that you mentioned as a concern All those details But we dory t deal at this
level and at City Council with all of those detai1c, we are assured by the staff and this is
one of the conditions of the approval that all of those things are going to be taken into
account You do have some time to get w ith Mr Diezel before City Council If you get
with Mr Mutter again f m sure he'll be happv to give you his card and you all can get
thits settled
Robert Pawls what is the time format you re speaking of sir`
Robert Miller Say again`
Robert Pawls When is the City Council meeting'
Robert Miller we don t actually know the exact schedule but it s usually 30 days from
this time so there will be time, sounds like to get ar lot of these detailo, worked out instead
f sitting here and tryincy to us to try and explain all of it to you Thestaff is an excellent
tD
staff and I inn cure Ashby will be happy to help with sonie of these details and who you
can talk to within the staff that would be able to help you with some answers
Ronald Ripley And that ikhole approval process will happen within that department so
you re not going here and there
Robert Pawls And you brought up the itv Council w had no representation for quite
while but it's still an answer for whom I need to speak with
Donald Ripley Thank you very much Any other questxonO Thank you ier� much
William Din Just one other comment You brought up the fact this is the Kempsville
area and not the Centerville area This is actually a Planning District Planning Iistncts
are different from the actual area that it is called The area is still called IKempsville but
it s in the Centers ille Planning Distract and that is why it s listed under Centerville
Robert Paw 1s I guess and I spore with Ashby floss yesterday and she said that I was
correct and it Nxas I empsville So again it s a conflict of what s happening here
Ashby Noss Actually it did change Yt as previously in the Centerville District and it
changed to the l emps ille District since this application came through
Robert Pawls I don t believe this is considered College Park area either
Ashby gloss I don t knoix what reference to College Park
Robert Pawls It says nht here on top of the page
Stephen white The top of page the reference to College Park r#ers to the corporation
name It doesn t refer to the geographic area
Ronald Ripley okay Good Alright o e have any other speaker signed up` Thank
you very much for coining down We appreciate it Mr Futter would you wish to
readdress us
J Nutter I think w e re fine If I could address item # 10 for one second"
Ronald Ripley Sure Does everybody hN e the revised number 101
J Futter Ashby was very kind and passed this out to us as xkell It the geographic
area on the current application, cLs presented does in fact comply with that condition M
concern is that it requires that ue consult with the adjacent property owner and try to
come with some shared deal with him and from what I am led to belies e he has been
reluctant to want to do that So I m trylno to avoid the delay of doing that But we can
take our interest down to the furthest point closest to Reon Drive on our site plan
Ronald Ripley well staff is askingyou to attempt to do that and it's saying that if
shared interest can t be negotiated that the entrance to the subject site shall be shifted a
tar east as possible Could you show good faith and try that once more9
J Futter we don t mind
Ronald Ripley You re pretty good at that
R J Futter You re awfull� kind We re happy to talk to him but I think we ire been led
to believe that s not a door they want to go down
Robert Miller Isn t the entrance supposed to be shifted to the west"
R J Futter It would actually be shifted let s see where it actually would be toward
to west
Eugene Crabtree To the est
Ronald Ripley Cool catch Mr Miller Yes Joe`
Joe Strange If It was shifted to the west there and it didn t line up and cars tried to go
across there wouldn t they be doing something illegal?
R J Futter What's a very good possibility of that The other concern that we have is
practically hen trucks come into the site from and Steve if I could ask you for the site
plan one more time Again it s a lithe unusual But let s assume right this is right side
up and trucks were cormna in from this direction trying to Tum in this direction into the
site Our concern would be is if there was some shared because Reon Drive is actually
about down to here, so that s feet further in to this property It s a little deceiving on
the pans that we have I rn led to believe So if the ahanment was down here trucks
entering our site would have to come in like this come back around and come back into
the site like that And that s the concern we have The distance between our property
line and where the neon Line would even align is greater than we think And it does
raise exaet]v Mr Strange the very question you were concerned about as well hi h 1 S if
unless you the prior application had it in the middle oftheir site We tried to move it as
far down as we could to alIo-%k truck movement to turn like into the site ithout
interrupting any other ears or other vehicles But I guess what I rn trying to say is that
our prcl rcnce would be that you all allow this ahcrnment to occur if this is your
recommendation and we 11 accept that recommendation and go forward and try to work
with it
Ronald R2pley I think Mr Miller has a question
Robert Diller Yeah I m rethinking nay east pest thing because maybe ghat we really
want you to do is moire it further to the east so there's no possibility of you alicynin w it
on Drive which would cause your people to have to exit and then need to try and make
a left turn and it s not a great situation but that probably is so I as wrong I was w rong
R J Futter That s what I'm thinking It s probably for a site plan issue We have no
problem working with staff` o there s no crowding ,problem But in point of fact our
only concern is that the trucks be able to maneuver safely in to that direction That s our
sole concern
Ronald Ripley So you want to leave this as written`)
Robert Miller I thinly it actually it does make more sense and Kay trying to help the
engineer out here I need a lot of help
Donald Ripley will`
R J Nutter Otherwise on the BMP issues, we do have t" o BMPs on this site from the
environmental perspective and I hope the gentleman didn t solace in that because in fact
t oo were required in this case because it s a larcre site from a storm water perspective, so
ZD
to meet the treatment criteria we had to have two instead ofone
Donald Ripley okay will Din has a question
William Din R J can you explain ghat that extension is that goes all the way do n to
Providence Road on each side`? Is that a curb or is that landscaping'
R J Futter I m sorry
William Dire Is that a all of some sort'
J Futter Are we taling up here`'
William Din Yes That s on both sides)
J Futter That is landscaping right along here The two fronts of the building re here
and here and then we have a landscaping bed along this side And landscaping can be
along this side
William Din It goes all the y doom to Providence Road right along the curb light'
J Futter Yes well Providence actually runs like this
W i I I i am lain There's a sidewalk in that area Does it cro past the s id alk`? It doen t
block or impede the traffic ormng 1n does it as far as the access goes`
R J Nutter No we had simply told staffthat we would like to have landscaping on
both sides to coincide to make it look better than the entrance in the previou application
The previous applicant had parking spaces in there with no landscaping
wllharn Din Well, I guess if the entrance i� moved a far east s it could go, if that
landscaping could be cut back it would make that entrance easier to get into there rather
than trying to rnae therm go around the landscaping
R J Nutter That s very important
William Dire I don t know That is why I m asking what that portrays � whether it s a
wall or something We rm v not wart to put the landscaping all the way down to that
point
R J Futter The walls dory t start until this 1 o -foot portion right there
Ronald Ripley As a practical matter we re really getting into some really fire details
This level of site design % 're looking at doesn t even address When you t doom t
IZP
site plan review and Mr Scott s department that s when those details can be worked out
And if want it on one sjd or the other it's doing t really dete=ne what's the safest
war to do it" what s the right way to do it I think this wording is good but it s really
going t Borne down t that
F J Nutter And that s fine with us
Ronald Ripley or you don't get a builder permit That is what will happen
R J Mutter All we want to do is have a safe entrance to prevent the problems we spoke
about here today
Ronald Ripley o we have any other discussion '
Donald Horslev Mr Chairman Mr Pawls has requested and 1 11 sponsor
Ronald Ripley You want to sponsor him? Mr Pawls if it s new information now If
it's not new information we need to move on
Robert Pals Yes sir this is item to which %i.as just addressed to me because it wasn I
on the internet for me to pick up
Ronald Riplev okay
Robert Pawls I did address this with the prey sous owners In fact I did request there
was another map on that it showed the church and eiferbodv I think was on another
Robert biller The other way Stephen
Robert Pawls Hold up right there That s good bight here there s a church and they
ha%e a driveway right there Fight here the a traffic light These foils over here, they
use Reon Drive to enter and exit right there So they sort of go off Dorsett Where s a
church over here and a church over here My concern if they put the driveway to the east
side that all the traffic is is goina to make a u-turn right here, right at the bottom of the hill
where cars are coning oNer So you got a blind spot cars going 45 MPH corning down
and who IcnoNk s if it s a car or a trailer People dory t usually use this site except for the
ekend so we oot L hurches in the moming that come in and out we have a traffic
pattern coming ox er a blind bridge and that was one of my major concerns with the
original ownership because they said they wanted to the entrance right there and f said
can we work with the City and try to get it so you can use l eon and that the truck that
come in they come 1n directly and don't make a u-turn we have enough problems with
traffic we got � o homes in Woodstock area and that is the only entrance and exit
That s just the homes That doesn t include the church people %kjth several services
sometimes
Donald Horsley I think Traffic Engineering will tale care of those concerns
Robert Pawls Well, we just brought up number 10 and that was one of the c nc ms that
had been brought up Some of you agreed to going east on that and I sort of disagree
Ronald I iple� Oka,, Thank you % cry much
Robert Pawls Thank you
Ronald F iple� Any other discussion`s Is anybody ready to make a motion?
William Lein 111 make a motion to approve the item
Ronald Ripley We got a motion by Will Din to approve
William Din with the new condition ten
Ronald Ripley with number ten included I have a second by Joe Strange
ucrene Crabtree I have to abstain from this one I rn an emplovee of Jack F bbit
Ronald Ripley So noted we are ready to vote
AYE 9 NAY 0 ABS 1 ABSENTO
CRABTREE ABS
DIN AYE
ORSLLY AYE
KATSIAS AYE
KNIGHT
AYE
MILLER
AYE
ILEY
AYE
SALLE'
AYE
STRANGE
AYE
WOOD
AYE
Ronald Ripley By a vote f 9-0 with one abstention the motion passes in ludina the ten
conditions
k4 � Furoll Fj7,rv*i
i2407-76-2260
ZONING HISTORY
1 Modification of Conditions —Granted 5-28-42
Conditional Use Permit (communication monopole) —Granted 2-10-98
Conditional Use Permit (communication monopole) —Granted 4-11-95
2 Conditional Use Permit (tattoo parlor &body piercing) — Denied 11-13-01
3 Conditional Use Permit (auto repair &bulk storage) — Granted 8-28-01
4 Conditional Use Permit (auto repair &truck rentals) —Granted 6-13-04
Conditional Use Permit (auto rentals) —Denied 12-7-99
5 Conditional Use Permit (motor vehicle rentals) —Granted 7-13-99
6 Conditional Use Permit (bulk storage) —Granted 9-8-98
7 Conditional Use Permit (addition to auto repair &tire sales) —Granted 2-
14-95
8 Conditional Use Permit (auto sales &repair) —Granted 6-25-91
Conditional Use Permit (auto repair) —Granted 8-28-89
9 Conditional Use Permit (auto sales) —Granted 2-2-87
Conditional Use Permit (stackhouse) --Granted 2-25-85
10 Change of Zoning (B-2 Business District to A-2 Apartment District)
Granted? 2-15-86
Conditional Use Permit (amusement park) —Denied 2-14-$3
11 Conditional Use Permit (auto repair) —Granted $-9-82
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Euell Fcn — Conditional Use Permit
MEETING DATE February 25, 2003
■ Background
n ordinance upon Application of Eucell Fa en for a Conditional Use Permit for
a bulk storage, auto storage and contractors storage card on property located
approximately 280 feet north of Virginia Beach Boulevard and 890 feet vest of
First Colonial Road (GPIN 2407 2260 Property is located at 1752 Virginia
Beach Boulevard and contains 15,103 83 square feet ISTF ICT — BEACH
The purpose of this request is to operate a towing facility with two (2) tow trucks
and for the storage of up to 30 motor vehicles
■ Considerations
The grassed site is currently zoned B-2 Community Business District There i
an existing trailer on the property The applicant is proposing to lease a 15,103
square foot portion of a larger lot that will provide vehicular access to this site
The applicant's triangular parcel does not have direct frontage along Virginia
Beach Boulevard, however, access will be obtained aria an existing drive on the
east side of the larger lot
Staff recommended approval There was no opposition to the request
■ Recommendations
The applicant has made a written request for City Council to indefinitely defer this
request The applicant notes that he is having contract issues with the present
property owner
Recommended Action staff recommends indefinite deferral
Submitting Department/Agency Planning Departmen
City Manager
U
FPOM ] NTEPSTATE TOWING INC FAX rJ0 Jan 1' 2903 81 08PM P1
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Gpi» See Applacaceon
ZONING HISTORY
1 Change of Zoning (R-1 0 Residential District to I-1 Light industrial District)
Granted 2-10-98
2 Conditional Use Permit (auto repair garage &bulk storage) —Granted 9-
28-93
3 Conditional Use Permit (church addition) —Granted 12-10-91
4 Conditional Use Permit {auto repair} —Granted 8-14-89
5 Change of Zoning (R-5 Residential District to I-1 Light Industrial District )
Withdrawn 5-5-86
t
N '�'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Graham s Custom Body Sinop & Towing L L C — Conditional Use Permit
MEETING DATE February 25,2003
a Background
n Ordinance upon Application of Graham's Custom Body Shop & Towing,
L L C for a Conditional use Permit for bulb storage and expansion of the body
shop on the south side of Jensen Drive, 480 41 feet guest of South 131rdneck
Road (GPIN 2417434300, 2 1 3 Said parcel is located at 1121 Jensen
Drive and contains 1 567 acre DISTRICT 6 — BEACH
The applicant desires to expand an existing auto repair garage and to expand an
auto storage facility, both of which require Conditional Use Permits
0 Considerations
The existing impound area currently operates seven days a week, 24 hours
per day and has the capacity to store up to 40 vehicles The application states
that on average, 40 vehicles will be stored on site even with the expansion
What the addition of the land area will provide is "greater flexibility in parking and
retrieving vehicles that have been impounded '
The plan also depicts an expansion of both the body shop and the bulk storage
facility on an additional lot within the park The body shop expansion includes
five (5) additional bays in a separate building connected by a covered repair
estimating area According to the applicant's representative, the proposed
building will be constructed of painted masonry block for the fast 12 feet of
building height Above that the building wtill be metal construction The buildings
will be painted gray to match the existing building
The Planning Commission placed this stern on the consent agenda because this
is an expansion of an existing use and is compatible with the surrounding area
Staff recommended approval and there was no opposition to the request
■ Recommendations
The Planning Commission passed a motion by a recorded Grote of 10-0 to
approve this request with the following conditions
Graham
Page 2 of
1 A!1 parking spaces required by the City Zoning Ordinance must be marked
by panted striping on the side including handicap spaces in accordance
with the Americans with Disabilities Act (ADA)
2 Category vl landscaping shall be installed around the perimeter of the
existing and proposed bulk storage yard as required by the City s Zoning
Ordinance and specified in the Landscape, Screening and Buffering
Specifications and Standards for the City of Virginia Beach
All auto repair must tale place inside the building
o outside storage or display of equipment, parts, or materials shall be
permitted
The development of the site shall substantially conform with the site plan
entitled, "Concept Plan, Proposed Expansion of Graham's Custom Body
Shop and Towing, L L C," prepared Gallup surveyors & Engineers, Ltd
dated November 12, 2002
o storage of vehicles in a state of obvious disrepair within view from
Jensen Drive shall be permitted if vehicles in this condition require
storage, then such vehicles shall be stored within the building or within the
fenced bulb storage area
All outdoor fighting shall be shielded to direct fight and glare onto the
premises, said lighting and glare shall be deflected, shaded, and focused
away from adjoining property Any outdoor lighting fixtures shall not be
erected any higher than 14 feet
The equipment storage yard may be gravel provided a waiver of on -site
improvements is requested and approved by the Planning Director
■ Attachments
Staff Review
Disclosure Staternent
Planning Commission Minutes
Location Map
Recommended ended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager )L Nb 04-t
G AHAM'S CUSTOM BODY SHOP &
TOWING / # 14
January 8, 2003
General Information:
APPLICATION
NUMBER
REQUEST Conditional Use Permit for bulk storage and auto repair facility
ADDRESS 1121 Jensen Drive
Mao ir7 -. �. .. .,.
-- -1
1�
OF
:L Dr 0
Gp:n See Ap Itcat:on
GPIN 24174343000002
24173267970007
24174343000004
16, 6
PIZ
Planning Commission Agenda W-
,January 8, 2003
G AHAM'S CUSTOM BODY SHOP & TOWING 1 # 1
Pave 1
ELECTION
DISTRICT #— BEACH
SITE SIZE 1 567 acres
STAFF
PLANNER Carolyn A K Smith
PURPOSE The applicant desires to expand an existing auto repair garage and to
expand an auto storage facility, both of which require Conditional Use
Permits
Major Issues:
Degree to which the proposal is compatible with the surround land uses and
existing zoning
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
There is an existing auto body shop and
impound lot on two (2) of the three (3)
condominium units under consideration
with this application The vacant grassed
parcel to the south is proposed to
accommodate the expanded car storage
area The entire industrial park is zoned I-
1 Light Industrial District
surrounding Land Use and Zoniog
North «e wrehou 1-1 Light Industrial District
South Manufacturing, warehouse 1-1 Light Industrial
District
East • Mini warehouse 1-1 Light Industrial District
Planning Commission Agenda
January , 2003
G HAIII'S CUSTOM BODY SHOP & TOWING fG ## 14,.--
Page
Vilest Office warehouse 1-1 Light Industrial District
Zoning History
The original Conditional Use Permit was granted for the existing business ines in 1989 for
auto repair Within this commerce/industrial park, one other Conditional Use Permit
was approved for auto repair garage and also included bulk storage
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of greater than 75dB i.dn and within the Accident Potential
Zone 2 surrounding NAS Oceana
Natural Resource and Physical Characteristics
This site ,s within the Chesapeake Bay watershed Portions of the industrial park are
within the Resource Protection Area, the more stringently regulated portion of the
Chesapeake Bay Preservation Area There are no significant environmental features
on the site, as it has been cleared in the past and exists as a grassed parcel
Public Facilities and Services
Wader and Sewer
Water The existing auto repair business is currently connected to City
water
Sewer The existing auto repair business is currently connected to City
sewer
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP)
Jensen Dave is a private roadway within the industrial condominium Birdneck road
is a suburban arterial roadway and there is a project in the CIP to widen this facility
to four (4) canes
Planning Commission Agenda
January 8, 2003
GRAHAM'S CUSTOM BODY SHOP & TOWING 1
Page
Traffic calculations
Street Name Present j Present � Generated Traffic
Volume 1 Cat)aaty
Existing Land Use 4 — 81 ►CDT
Proposed Land Use ' — 120 ADT
'Average Dafly Trips
2 as defined by typical 1 1 zoning use
3as defined s pec if ca(Iy for a uto storage and body shop uses
Public Safety
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevention Trough
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and 6 Fire lanes may be required after occupancy
Rescue • Minimum fire lane width to be not less than 18 feet --
under some conditions, greater width will be required by
the authority having jurisdiction
0 Gated sites shall provide for Fire Department access
using the Knox or Supra key system Electrically
operated gates shall have a failsafe operation in the
event of a poser failure
0 vehicles shall not be used as barriers to prevent ingress
or egress of property
Security for ingress and egress must be approved b
the fire marshal so that fire department access is not
obstructed
Storage of hazardous, flammable or combustible
materials on -site shall be within the scope of the Virginia
Statewide Fire Prevention code and IFP
If gravel surface is used to store cars all spills of
petroleum products or vehicle fluids shall be
immediately removed and properly disposed of to
prevent violations of the Fire Code and Environmental
ordinances
Planning Commission Agenda
January 8, 23
GRAHAM'S CUSTOM BODY SHOP & TOWING ## 1
Page
Comprehensive Plan
The Comprehensive Plan recognizes this area as planned for uses including business
parks offices, and appropriately located industrial and employment support uses
Summary of Proposal
Proposal
The applicant is proposing to expand an existing automobile storage facility in
conjunction with an existing auto body shop and impound lot These uses
require Conditional Use Permits prior to operation and expansion
The existing impound area currently operates seven days a week, 24
hours per day and has the capacitor to store up to 40 vehicles The
application states that on average, 40 vehicles will be stored on site even with
the expansion What the addition of the land area will provide is A`greater
flexibility in parking and retrieving vehicles that have been impounded'
Site Design.
• The site plan depicts the existing one story body shop with office area and the
bulk storage yard used for towed vehicles and vehicle awaiting service on two
(2) lots in the Owls Creek Commerce Park
• The plan also depicts an expansion both the body shop and the bulk storage
Tactility on an additional lot within the park The body sloop expansion includes
five (5) additional bays in a separate building connected by a covered repair
estimating area A culvert is proposed with a drive over an existing
stormwater management detention area covered by a 25 food wide private
drainage easement
second entrance is proposed off of Jensen Drive which wraps to the
south side of the parcel The proposed storage lot will have through access
from both north and south Jensen Drive The concept plan indicates that the
proposed area will have a gravel surface to match that of the existing
Planning Commission Agenda
GRAHAWS CUSTOM BODY SHOP & TOWING l ## 1
Page
impoundment area A waiver to utilize gravel rather than an asphalt or
concrete material will be reviewed by the Planning Director at the time of final
site plan review
Vehicular and Pedestrian Access
• The existing body shop and impound lot are accessed via the northern portion
of Jensen Drive (a private street) The proposed storage lot will have through
access from both north and south Jensen Drive
Pedestrian access is adequate
Architectural Design
According to the applicants representative the proposed building wiff be
constructed of painted masonry block for the first 12 feet of building height
Above that, the building will be metal construction The buildings will be
painted gray to match the existing building As this is in an industrial area
with no visibility from any rights -of -way, elevations of the building' sfacades
was not deemed necessary
Landscape and Open Space DesigLn
• Category V1 (a six foot wide area with a combination of a six foot high sold
fence with evergreen shrubs) is required around the perimeter of the storage
area and is depicted on the plan
Evaluation of Request
This request is acceptable and is recommended for approval subject to the conditions
listed below The location is compatible with the existing ind stnal/commerce park
Staff is pleased with the applicant's desire to maintain an orderly and pleasing
appearance for the building and the overall site as the proposed and existing uses can
Planning Commission mission Agenda
January 8. 2003
GPAHAWS CUSTOM BODY SHOP & TOWING 1
Page
be unsightly if the property exceeds its intended capacity and proposed uses are not
properly screened
Conditions
1 All parking spaces required by the City Zoning Ordinance must be marked by
painted striping on the side, including handicap spaces in accordance with the
Americans with Disabilities Act (ADA)
2 Category vl landscaping shall be installed around the perimeter of the existing
and proposed bulk storage yard as required by the City's Zoning Ordinance and
specified in the Landscape, screening, and Buffering specifications and
Standards for the City of Virginia Beach
3 All auto repair must tale place inside the building
4 No outside storage or display of equipment, parts, or materials shall be
perms ted
The development of the site shall substantially conform with the site plan entitled,
`Concept Plan, Proposed Expansion of Graham's Custom Body Slop and
Touring, L L C 'prepared Gallup surveyors & Engineers Ltd, dated November
1, 2002
o storage of vehicles in a state of obvious disrepair within view from Jensen
Drive shall be permitted If vehicles in this condition require storage, then such
vehicles shall be stored within the building or within the fenced bulk storage area
7 All outdoor lighting 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 not be erected any higher
than 14 feet
The equipment storage yard may be gravel provided a waiver of on -site
improvements is requested and approved by the Planning Director
NOTE Further conditions maybe required during the
administration of applrcahle City Ordinances The site plan
submitted with this conditional use permit may require
Planning Commission Agenda
January 8, 2003
GRAHAM'S CUSTOM BODY SHOP & TOWING / # 14
Page
revision during detailed site plan review to meet all
applicable City Codes Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
,January 8, 2003
G AHA #S CUSTOM BODY SHOP & TOWING 14
Page
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Planning Commission Agenda � I
January 8, 2003
G AHA 'S CUSTOM BODY SHOP & TOWING 1
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-49
January 8,2003.
APPLICATIrX PAGE 4 OF-;
CONDITIONAL USE PERMIT
CITY OF V[RGTNIA BEACH
DISCLOSURE STATEMENT
Applicant s Mme igeWS 1_��:5+U t �t..J s
List All Curren
Property 0 % tiers 4
-5--.160y -Sk,;�p -LLC!
I PROPERTY OWNFR DISCLOSURF
If the progeny o%ner i.% -a0RP RA TION list 311 offMc�is of [hz. CorporjEjon below { 1trach lry if nece i a
j a
If the prop=y owner is a P4,R'I''' ER H1P i 1R i or kiiher LNINCORPOR 1TED ORG A N 17 ATI N li i
al members or pa_rLncr, an tine or ani"isev bciv%% (Arr..Ch If r 11)ILces-� mi )
f
c
Check herc if the property owner is NOT d Lorpor-i[ion pirmcn hic farm (r c tier t n n LIT Li It i
or,anizaLion
k If the app cans is not the citrreirt owner of the proper4 ccTop [ere the ippItcaPjI Asc/o sirre seciion be1ai
APPLIC 4,NT DjS CLOSURE
+ It thr, applicant is a CORPORATION list all officers of the Corpwation belo%t (Arr h list if neressan )
elf % , ,- _ se Prh - - - - - -
U t apphCant is a PARTNERSHN FTRN or other U I NCORPORA TED OR GAN1 , TFON I ist all
members or partners in the organs zau on bclow (Atrach h s r y necessary)
❑ Check here :f the appijcant is NOT a corporaimn partnership firm or other unincorporated org-anization
CERTIFICATION I certsfy that the information eonfarned herein is true and accurate
Signature
(►44n _
Planning Commission Agenda
January 8, 2003
G AHAM'S CUSTOM BODY SHOP & TOWING 1
Page 11
Graham s Custom Body Shop &. Towincr L L C
Conditional Use Peraut
l 1 ^2 1 Jensen Dave
District
Beach
January 8 Zoo
CONSENT
Dorothy Wood Item #14 It s Graham s Custom Body Shop and Towing,It s for a
Conditional Use Pernut for bulk storage and expansion of the body shop on the south side
f Jensen I rr�e T s is in District 6, the Beach District and it has eight conditions Mr
Gallup`
Bruce Gallup My name is Brine Gallup I represent the appllLant We have read the
conditions and are in aareement with them
Dorothy wood Thank you sir Is there any opposition'' I would move to approve this
stern on the Conent agenda number 1 with eight conditions to opposition
Ronald Ripley We have a motion to approve the Consent agenda for the items so read
Do I hay e a second`?
Bu�ene Crabtree I'll second it
Ronald Riplev Seconded by Gene Crabtree Dot would you like to have some
discussion`)
Dorothy wood Joe would you please comment on Item #14 Graham's Custom Body
Shop
Joe Strange Sure Item #14 is an application for a Permit for bulk storage and auto
repaur facility in an already existing facility Again this was in a high AICUZ zone 75
We thought it was an appropriate place It s way back off the road The applicant has
history of maintaining a rice work area there, so there was no opposition to it and the
staff recommended It
Ronald Ripley okay we have a Motion and a second and unless there is other
discussion on the motion, I d like to call for a vote
AYE 10 NAIAS 0 ABSENT
CRABTREE AYE
DIN AYE
HORSLEY AYE
IATSIAS AYE
Item #14
Graham s Custom Body Slop & Towing, L L
Page 2
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
S LLE"
AYE
STRANGE
AYE
WOOD
AYE
Donald Ripley By a vote of 10-0, the motion passes
Item # 14
Graham Custom Body Shop & Vowing L. L C
Pale 3
Gpin 1-.
ZONING HISTORY
1 Conditional Use Permit (Automobile Sales and Service) —Approved 5-9-
88
Conditional Use Permit (Gasoline Service Station and Convenience Store)
Approved 6-19-78
2 Conditional Use Permit (Gasoline Safes with a Convenience Store) —
Approved 3-14-00
3 Conditional Use Permit (Billboards) —Denied 8-21-90
t
I%Lk
J6
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM .J A Two, L L C _ Conditional Use Permit
MEETING DATE February 25 2003
0 Background
n Ordinance upon Application of J A Two L L C for a Conditional Use Permit
for motor vehicle sales on the north side of Shore Drive, approximately 320 feet
east of Pleasure House Road (GPIN 1 7 7 3 Said parcel is located at
4740 Shore Drive and contains 24,785 square feet DISTRICT 4 — BAYSIDE
The purpose of this request is to obtain a Conditional Use Permit to expand an
existing Motor Vehicle sales operation
■ Considerations
The submitted site plan depicts four vehicle display areas on the site The vehicle
display areas total 107011 square feet An underground stormwater rnanagement
facility is depicted on the site The applicant advises staff that they cannot use
the stormwter management pond on the v algreen s site, as it was not sized to
accommodate any additional runoff A private variable width access easement
provides ingress and egress to the Ialgreen s site directly guest
There are no buildings planned on this site The applicant will use the existing
building on the site to the east to conduct the business
The site plan depicts landscape areas in islands dispersed throughout the site
The proposed plants are the types of species that are recommended for the
Shore Drive Corridor The street frontage landscaping was developed as part of
the valgreen's development
The applicant's existing site to the east was required to provide Category IV
screening along the property line on Hollis Road This screening is mature and
should be continued along the rear property line of this site The applicant was
also required to provide landscaping along Shore Drive This landscaping is
currently grassed areas Staff hopes that the applicant will provide street frontage
landscaping along the front of the existing site to provide a more unified
development
Staff recommended approval There was no opposition to the request
0 Recommendations
The Planning Commission paused a motion by a recorded vote of 10-0 to
approve this request with the following conditions
1 The site shall be used for Motor Vehicle Sales only in conjunction with the
applicant's adjacent site to the east If the site is utilized (sold or leased)
for Motor Vehicle Sales separate from the adjacent site to the east, a new
conditional use permit for Motor Vehicle Sales shall be obtained
There shall be no access from Hollis Road
3 Category IV screening shall be installed along the property line along
Hollis Road
Vehicles shall not be used as a barricade to prevent ingress and egress
on to the site The applicant shall provide a security plan that details the
method of entry to the site that is acceptable to the Fire Department
o outside paging system loudspeakers, and / or music shall be
permitted on the site
No additional freestanding signs are permitted
There shall be no more than 42 vehicles displayed for sale on the site
The vehicles shall be parked in the area designated as "Vehicle Display
Area" as depicted on the submitted Conditional Use Permit Site Plan
prepared by John E shine and Associates, dated November 11 , 2002t
except that there shall be no vehicles displaced for sale in the area
between Shore Drive and the variable width access easement to the
Wal r en's site to the west This area may be used for employee parking
only
o vehicles shall be parked within any portion of the public right-of-way
Vehicles shall not be displaced on vehicle platforms of any time
0 Attachments
Staff Review
Disclosure Statement
Planning commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Manager
JBA, L.L.0 / # 121
January , 2003
General Information:
APPLICATION
NUMBER
REQUEST
ADDRESS
GPIN
ELECTION
DISTRICT
F03-21 -C U -2002
Conditional Use Permit for Motor Vehicle Sales
4740 Shore Drive, the North side of Shore Drive, 320 feet East of
Pteasure douse Road
147 47 0000
BAYSIDE
G w 1 ,5. 3
Planning Commission Agenda
Tanury 8, 2003
JBA,LLC #12
Page 1
SITE SIZE 24,78564
STAFF
PLANNER Faith Christie
PURPOSE To obtain a Conditional Use Permit to expand an existing Motor
Vehicle Sales operation
Mayor Issues:
0 Compatibility with the surrounding uses
• Consistency with the Shore Drive Corridor Design Guidelines
Land Use, Zoning, and
Site Characteristics:
,Existing Land Use and Zoning
The site is semi -improved as a gravel
parking area and an improved access
aisle for the 1Jalgreenrs site The site was
used as a staging area during the
construction of the Walgreen#s Drugstore
to the immediate west Upon completion
of the Walgr en's, the site was graded
and gravel was installed The site is
zoned -2 Community Business with the Shore Drive Corridor Overlay District
Surrounding Land Use and Zoninq
North 0 Hollis Road
0 Across Hollis Road are Single-family andMultiple-
family dwellings / R-5R Resort Residential and A-
18 Apartment with the Shore Drive Corridor
Overlay District
South • Shore Drive
Planning Commission Agenda
January 8, 2003
JBAq LLC12
Page 2
0 A vacant parcel, previously Bayside Motors / i
Community Business with the Shore Drive
Corridor Overlay District
East 6 Motor Vehicle Sales: Atlantic Motor sports B-2
Community Business with the Shore Drive
Corridor Overlay District
West 0 Wal reen s Drugstore B-2 Community Business
with the Shore Drive Corridor Overlay District
Zoning History
The site was zoned C-L 2 Limited Commercial District until November 1973 With the
adoption of the Comprehensive Zoning ordinance in 1973, the site was zoned B-
Community Business District The Shore Drive Corridor Overlay District was applied to
the site in October 1998 Two Conditional Use Permits have been approved for the
applicant's site directly east A Conditional Use Permit for a Convenience store with
Gas Pumps was approved in June 1978 In May 1988 a Conditional Use Permit for
Motor Vehicle Bales and service was approved Several conditions pertaining to
access, landscaping and right of way reservation are attached to the Conditional Use
Pe rm it
Air installation Compatible Use Zone (AICUZ�
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana
Natural Resource an hsic I Characteristics
The site is partially developed with a gravel parking lot and an asphalt access aisle for
the Walgreen's immediately to the vest 1t is the Chesapeake Bay Preservation Area
Resource Management area
Public Facilities and Services
Water and Sewer
The site will be used for parking area, connection to water and sewer is not necessary
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Planning Commission Agenda
January , 2003
JBAj L L C / # 12
Page
a
i
Shore Drive in front of this site is a four lane dwided major urban arterial It is
designated on the fluter Transportation Plan as a 150 foot pride divided roadway
with a multi -use trail A right-of-way reservation may be required during detailed site
plan review
Traffic Calculations
Street Name
Present
Present
Generated Traffic
Volume
I Capacity
17 300 � D of
Existing Land Use 2 307
Shore Drive
20 OOOADT
,
Service C
Proposed Land Use 3 225
-'Average Daily Trips
as defined by B 2 Zoning
3 as defined by Motor hit Sales
Public Safety
Police The applicant is encouraged to contact and work with the
Crime Prevention office within the Police Department for crime
prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and Vehicles should not be used as barriers to prevent ingress and
Rescue egress to the site A se unty plan should be submitted during
the site plan review process The plan should address the
method of access to be provided to the Fire Department during
a fire event if the site is to be gated the applicant must provide
for Fire Department access using the Knox or Supra fey
system Electrically operated gates must have a failsafe
operation in the event of a power failure
Comprehensive Plan
The Comprehensive Flan Map designates this site for retail', service, office, and other
uses compatible within commercial centers serving surrounding neighborhoods and
communities The Comprehensive Plan policies and flap designation for this portion of
the Bayfront Planning Area support commercial uses that are compatible with the needs
of the surrounding neighborhoods The Shore Drive Corridor Plan and Overlay District
Guidelines are established to enhance the appearance of the road corridor and the
Planning Commission Agenda
January 8, 2003
JBA9 L L C 1
Page
k
larger area covered by the Overlay District to preserve its vitality as are important
gateway to the city
Summary of Proposal
Proposal
The applicant proposes to develop the site for the display of vehicles for sale
in conjunction with his existing vehicle sales operation to the east
The site is in an established commercial area at shore Drive and Pleasure
House Road that is experiencing re -development of properties such as the
walgreen's Drugstore and the Wawa Convenience store to the west
The site was recently re -subdivided and a portion conveyed to walgreen's to
the crest
Site De%Ln
• The submitted site plan depicts four vehicle display areas on the site The
vehicle display areas total 101011 square feet An underground stermwater
management facility is depicted on the site The applicant advises staff that
they cannot use the stormwater management pond on the 1lalgreen's site, as
it was not sized to accommodate any additional runoff A private variable
width access easement provides ingress and egress to the Walgreen's site
directly west The proposed display area between the ingress egress area
should be eliminated as it may present a traffic conflict for custorners using
this site and the walgreen's Drugstore
Vehicular and Pedestrian Access
single entrance to the site from Shore Drive was developed in conjunction
with the walgreen's site work The applicant and valgreen's Drugstore share
the entrance
A sidewalk exists along the front of the site
Planning Commission Agenda
January 8, 2003
Page
Architectural Design
• There are no buildings planned on this site The applicant will use the existing
building on the site to the east to conduct the business
Landscape and Qpen Space Desk
The site plan depicts landscape areas in islands dispersed throughout the
site The proposed plants are the types of species that are recommended for
the Shore Drive Corridor The street frontage landscaping was developed as
part of the Walgreen's development
The applicant's existing site to the east was required to provide Category 1v
screening along the property line on Hollis Road This screening is mature
and should be continued along the rear property line of this site The applicant
was also required to provide landscaping along Shore Drive This landscaping
is currently grassed areas Staff hopes that the applicant will provide street
frontage landscaping along the front of the existing site to provide a more
unified development
Evaluation of Request
The request for a conditional use permit for motor vehicle sales is acceptable subject t
the conditions listed below The applicant currently operates a motor vehicle sales
establishment directly east of the site It is his intent to expand the operation to this site
The request is in beeping with the recommendations of the Comprehensive Plan for this
area of shore Drive The proposed landscaping exceeds the requirements for display
areas and utilizes the plant species recommended for the Shore Drive Corridor Minor
adjustments to the landscape plan, such as Category IV screening along Hollis Toad,
can be achieved during detailed site plan review While the site directly east is not a part
of this application, staff mopes that the applicant will provide street frontage landscaping
along Shore Dave, in Peeping with the existing landscaping along the front of this site, in
order to accomplish a unified appearance of his business
Staff recommends approval of the request for a conditional use permit for motor vehicle
sales subject to the conditions below
Planning Commission Agenda
January 8, 2003
J A, L L c 1
Page
Conditions
1 The property line between this parcel, Parcel B, and the parcel directly to the
east, Lot 3 shall be vacated
There shall be no access from Hollis Road
Category Ill screening shall be installed along the property line along Hollis
Road
4 Vehicles shall not be used as a barricade to prevent ingress and egress on to the
site The applicant shall provide a security plan that details the method of entry to
the site that is acceptable to the Fire Department
No outside paging system, loudspeakers, and l or music shall be permitted on
the site
o additional freestanding signs are permitted
There shall be no more than 42 vehicles displayed for sale on the site The
vehicles shall be parked in the area designated as "Vehicle Display Area" as
depicted on the submitted Conditional Use Permit site Plan prepared by John E
Sinne and Associates dated November 11, 2002, except that there shall be no
vehicles displayed for sale in the area between shore Drive and the variable
width access easement to the Walgreen's site to the guest This area may be
used for employee parking only
No vehicles shall be parked within any portion of the public right-of-way Vehicles
shall not be displayed on vehicle platforms at any time
NOTE Further conditions maybe required during the
administration of apphca6le City Ordinances The site plan
submitted with this condrfional use permit may require
revision during detailed site plan review to meet all
applicable City Codes Conditional use permits must be
activated within 72 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
January 8, 23
JBA, L L C 1 # 12
Page
HOLUS ROAD
k IF
1
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Rr
ton planningAgenda
�' ��iss
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1
JBA5
page
Manning Commission Agenda -
January 8, 203
JBAq L L C # 144�
PQ
cwo:)
O
A
O
V
1*4%4,.LOSURE STATEMEPRy
Applicant" Name
List All Current
Propel Owners
) Lx)-o -- LLC'
PROPERTY OWNER DISCLOSURE
if the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
If the propel owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below {Attach list
if necessary)
0 Check here if the property owner is NOT a corporation partnership, firm r other
unincorporated organization
N the applicant is not the current owner of the property complete the Applicant Disclosure
action below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach Jest if necessary)
If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATION Ifat all members or partners in the organization below (Attach list
ifnecessary)
0 Check here 0 the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION 1 certify that the information contained herein rs true
and fe ,,---)
('FZv�nvt Name
gnawr
Conditional Use Permit Application
Page 8 of 1
Planning Commission Agenda
January , 2003
JBA, L L c 12
Page 10
JBA Two L L
Conditional Use Permit
4740 Shore Drive
District
Bayside
January 8 2003
REGULAR
l obert Miller The next item is Item 1 , JBA Two, L L C
Billy Carrington Good rnorning Mr Chairman ladies and crentlemen of the Planning
Cornrru sion for the record my name is Billy Garrington on behalf of the applicant J'B
T" o L L C , and ask for your approval of this Conditional Use Permit on certain
proerty located at 4740 Shore Drive in the Bayside Borough of Virginia Beach I will
give this to the City Attorney to pass around just in cage you didn t get a chance to see
the site plan lair Chairman for those of vou , ho aren t aware JBA Two L L C is two
individual partners Mr Donny Howard and Alex Jones who own the property adjacent
to the east of this which is Icnow as Atlantic Motor Sports They are in the process now
of improN inor this piece of property that 1s just to the u est of their existing facility and as
you will see on the site plan it's just going to be an oN rflo lot for additional vehicle
display for the business that they have that is already in business which is the Atlantic
Motor Sports I d like to i%e you just a quick synopsis s to how they got into this
problem that they re in When the walgreen store was built to the west of this site which
is on the site of the old Shore Drive and Restaurant they used Mr Howard s property as
a staging area and a parking area for the employees while they ere building the
walgreens As a gesture of their good will from what Mr Jones and Mr Howard did for
theme when they left they put curbing I mean not curbing gutter but crush run all over the
piece of property cleaned it up for Nip- Ho kard for letting him parr on the lot while they
were building Walgreens well, hen this happened these people started parking
employee Lars on the property and everything else not knowing they had to go through
site plan review and that thev had too through the Conditional Use Permit process
That s what got Mr Howard in the position he s in now So then it was his decision to
either tear the crush and run back out and restore the site back to its original site it was
just a x acant lot, or come in front of you and get a Conditional Use Permit upgraded to
allow for more vehicle display on that piece ofproperty That is the reason wh� we are
here in front of you today to upgrade his Conditional Use Perrrut to allow this operation
to be expanded on to this separate piece of property In the staff` write up there are
several conditions recommended for appro-� ai of this project Let rye tell you that we are
in agreement with all of the conditions with the exception of condition number one and
condition sic I think condition one where It requires him to vacate the property fine
between this parcel and the existing parcel that he owns would do tremendous
economical damage to his property And keep in mind this isn t a non-conforr Ong lot
that we re talking about This is a lot that was created in 1999 that meets the zoning
category criteria for let size lot width and frontage on a City street It a very valuable
piece of property nou Thev have had numerous real estate offers in the past month in
Item #12
.SBA Two, L L
ae
excess of $ 00 000 from several fast foot restaurant chains to sell it which they have
decided not to do up until this time But at some time in the near future, say five or ten
years do n the road it rs Near easy to gee how they would wart to sell it separately and if
it was to be combined into the piece of property that he now knows who knows five or
ten years from nova if you could back and recreate that I thinly it would tremendous
econorruc harm to this piece of property and not to mention that tax base that the City
crets off f the real estate taxes on the property It would not e worth near .s much being
combined into the existing parcel as it is as its own separate parcel Arid, again it s a
legally platted lot It s not a non -conforming lot It s a lcral planted lot So our
reasoning all along was for this new lot i to only b operated in con unction with the
existing car lot that s beside it It was never meant to be it s own free standing stand
alone used car lot because it doesn t have a building on it So DMV wouldn't have
allo"ed us to do that anway So the condition that says that this lot would only b
operated in conjunction with the existing used car lot which is next door which is
Atlantic Motor Sports ixe re in complete agreement Nxith that condition
Ronald Ripley Yes Any quesiions Dot?
Dorothy wood I certainly agree with you Mr Carrington on item one, but item. six we
talked about a sign Are you talking about signs inhere we you talking about the signs`
Billy Carrington He would be allo% ed to put one additional free standing, alone sign on
this piece of property if he so chose to do so under the current zoning ordinance It could
only be 32 square feet in size and 1 feet high That s all that he s allowed to have He
couldn t have any buildincy sianage because there s no building there So he could only
have one additional freestanding sxan under the current oninor ordinance It says if you
have a lot with at least a 10 -feet of lot %idth you re allowed three signs, one of which
can be free standing The other ones can be building suns but he has no building there
Dorothy W ood So Mr Garri n aton he s not talking about where he s going to put the
cars
Bill, Carrington No ma'am
Dorothy Wood Thank you
Bill} arrington That s exactly correct
Dorothy wood Thank you sir
Ronald Riplev Any other questions I It s rn understandin I rn sorry Bob"
Robert Scott I m listening to what 1 r Garrlr►gton s saying and I' m seeing his point to
some degree But there is still a concern that needs to be addressed Arid I don t know if
we need to have the propert acated necessarily to achieve that concern but he indicated
Item #12
JBA Two L L
Page 3
that his intent was to operate one business We need to have a condition that establishes
that this is going to be an operation that's an extension ofthe business that s already
there And that s what we re approving and that we re not openincr up the door for a
separate dealership or any other related operation on that second lot Now I guess I
agree to this extent I don t know if we need to condition the lot to get there but we do
need to have a condition to replace condition number one that ensures that we ve got one
business on the property not these two lots together
Ronald Ripley Leo you have a condition to do that's
Robert Scott Yeah we can get you a condition that would do that
Donald Ripley I was handed one by staff and let me react this to replace condition
number one The site shall be used for motor vehicle sales only in conjunction with the
applicant s adjacent Site to the east If the site is sold for motor vehicle sales separate
from the adjacent site to the east a nevi Conditional Use Permit for motor vehicle sales
shall be obtained
Billy Garnnorton If you want to rake specific reference to Atlantic Motor Sports which
is the business that is there nova we have no ob�eetion to that and t go even further and
say that iukkill be in substantial conformity with the site plan that is on file we will whole
heartedly agree to that
Robert Scott well, there you o
Ronald Ripley That sounds like the Londition okay
Billy Garnnaton It could have been on Consent
Ronald Ripley It could have been But you do understand to and I want to be clear
about this there is a condition in here where you can t display across that because, I have
to lump every car dealer in one basket because we have a lot of problems , ith displays
not being here they should be so I just want to be clean about that
Billy Carrington No problem at all
Ronald Ripley I do live in the area by the way
Billy Carrington I m sure you 11 beep an eye on it
Ronald Ripley Okay well then Charlie9
Charlie Salle Laid we finish up with item number six9
Billy Carrington ,lust go away
Item # 1
JBA Two L L
Page 4
Charlie Salle No freestanding signs)
Billy Gamnaton 1 m just saying that condition shouldn t even be in there Under the
currently zoning ordinance he would be able to have a freestanding sign there if he so
chose to do so
Charlie Salle' well I m lust saving, if it was one lot, one business he would not be
allowed that sr CrD
In
Billy Damn ton He wouldn t be allowed to have that sign
Charlie Salle' we're sort of saying it's one lot, one business but you're saying you do
want sign
Billy Damn ton i don t think he wants the sign but I mjust saying that if it s two
separate zoning lots condition number six shouldn t b in there that precludes him from
having a separate free standing sign because under the zoning ordinance which is his due
process eery zoning lot that is considered a legal lot ix ith the proper road frontage is
allowed to have a free standing sign
Charlie Salle f agree ith that but my position would be that 1f we re going to treat this
as one business and not require the lot lire to be vacated i would still want to see number
six retained
Billy Carrington That s fine I rn just telling you frorn representing Mr Howard we
would like to see condition six gro away
Robert Miller Are you ready for a motion's
Ronald Ripley Yes
Kay Wilson liar Ripley before you make a motion I think it would probably be best if
number one was based upon the conjunction with the adjacent building to the east That
lan ua a and the site plan does not have it in conjunction with the business specifically
named to see if he is really running the land That would be a little clearer for evervone
concerned if we lust did It that way
Robert Miller So I was going to tape the verbatim that Ron had mentioned already
Kay Wilson Oka
Robert Miller 111 make a motion that we approve item #1` with eight conditions The
first condition being restated to be that site should be used for motor vehicle sales only in
conjunction ith the applicant s adjacent site to the east It the site is sold for motor
Item #120
JBA Two L L
Page 5
vehicles sales separate from the adjacent site to the east a new Conditional Use Permit
for motor vehicle sales shall be obtained
Ronald Ripley we have a motion Do l have a second?
Donald Horsley Second
Donald Ripley A second by Don Horsley A motion by Bob Miller
Charlie Salle Could you read that language one more t�� 0
Robert Miller The site shall be used for motor vehicle sales only in conjunction with the
applicant s adjacent site to the east If the site is sold for motor vehicle sales separate
from m the adjacent site to the east a new Conditional Use Per of for motor vehicle sales
shale be obtained
Charlie Salle I just had one comment Maybe the language can be drafted between
now and the Council The idea is not just sold but probably leased or utilized for separate
business We're building a legal technicality there that if it i not sold but leased or
whatever it could be used
Robert Miller Is there a better word than sold that you would preter9
Charlie Salle' Probably just utilized sold leased or utilized as a separate business but
we could leave that specific language up to the staff to turn out between now and Council
and go with hat you have
Ronald Ripley You realize that you were leaving stern six in this motion
Robert rt Miller I did
Kathy I atsxa� We are leaving it m9
Ronald Ripley Yes Okay We re ready to Grote l believe
CRABTREE
DIN
H RSLEY
IATSIAS
.NIGHT
MILLER
RIPLEY
S LLF
AYE 10 NAY fl ABS fl
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
Item#12.
JBA Two L L C
Page
STRANGE AYE
WOOD AYE
Ronald Ripley By a vote of 10-0 the motion passes
Billy Garrino ton Thank you Mr Chairman
Ronald .Ripley Thank ion Mr Miller do you have another application for us"
Mai) s— I VMV
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4
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Gpin 7486-44-9760
ZONING HISTORY
1 Conditional Use Permit (gas sales) —Approved 4/20181
Conditional Use Permit (gas sales and car wash) —Approved 7/5/88
2 Conditional Use Permit (motorcycle sales and repair) —Approved 7/5/00
3 Rezoning (R-8 Residential to B-2 Business) —Approved 10/11/76
4 Rezoning (0-1 Office to 1-1 Industrial) —Withdrawn 3/3186
Rezoning (0-1 Office to A-1 Apartment) —Denied 7/14/86
Rezoning (0-1 Office to B-2 Business) —Withdrawn 5/23/88
Conditional Use Permit (senior housing) —Approved 1/1 3 98
5 Rezoning (0-1 Office to B-2 Business) -- Approved 3/18/85
6 Conditional Use Permit (car wash) —Approved 2/13/84
7 Rezoning (A-1 Apartment to B-2 Business) —Approved 6/2/86
S Rezoning (A-1 Apartment to 0-1 Office) —Approved 10/24l83
9 Rezoning (0-1 Office to B-2 Busyness) and Conditional Use Permit (auto
repair) — Approved 8/4/86
10 Rezoning (A- 12 Apartment to B-2 Business) and Conditional Use Permit
(auto repair) —Approved 9/26/8$
Conditional Use Pemnt (auto repair) — 4/23/96
%LA ALI-
L'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM! Reed Enterprises Inc— Conditional Use Permit
MEETING DATE February 25, 2003
N Background
An Ordinance upon Application of Reed Enterprises, Incfor a Conditional Use
Permit for gasoline sales in conjunction with a convenience store at the
southeast corner of Holland Fad and Chimney Hill Parkway (GPIN
1 0 Said parcel is located at 985 Chimney Hill Parkway and contains
31,755 square feet DISTRICT 3 — ROSE HALL
There are currently four gas pump islands and a car wash on this site The
applicant desires to demolish the car wash and add a convenience store to the
site The gas pump islands will be relocated and two additional gas pump
islands will be installed under a new canopy
■ Considerations
The new convenience store building, canopy and fuel pump islands meet all
required setbacks The new convenience store will be located at the southern
end of the site with the new fuel pump canopy located to front of the convenience
store and facing Holland load
The design of the proposed convenience store building meets the intent of the
Retail Guidelines in the City Zoning Ordinance The elevations depict a defined
entryway with columns and a gable feature White wood trim (dentil course) will
be featured along the all sides of the building Exterior materials include reddish
brown brick veneer and charcoal gray or black architectural shingles with a roof
slope of 7/12
Currently, there is very little landscaping on the site as the majority of the site
was developed prior to the adoption of the parking lot landscape requirements
The applicant is proposing to create planting strips along both Chimney Hill
Parkway and Holland Road In addition, the applicant has shown new planting
strips along the perimeter of the site, where the property abuts commercial uses
to the south and east
The Planning Commission placed this item on the consent agenda because this
is an existing use and the proposed improvements will enhance the aesthetics of
Feed Enterprises
Page 2 of
the area staff recommended approval and there was no opposition to the
request
■ Recommendations
The Planning Commission passed a motion by a recorded vote of 10-0 t
approve this request with the following conditions
1 The existing two entrances on Holland Road must be removed and
replaced with a single entrance with a right turn lane The entrance and
turn lane configuration and dimensions must conform to Public Works
Specifications and Standards
2 The site shall be developed in substantial conformance with the submitted
site plan titled `Layout and Landscape Plan of Gas Sales and
Convenience store Addition' dated November 12, 2002, and prepared by
Land Design and Development Said plan has been exhibited to City
Council and is on file in the city of Virginia Beach Planning Department
3 The building shall be constructed to substantial conformance with the
elevation titled `Reed Enterprises Convenience Store @Holland Road
and Chimney Hill Parkway' Said elevation has been exhibited to City
Council and is on file in the City of Virginia Beach Planning Department
The new canopy shall be constructed in substantial conformance with the
building The same reddish brown back veneer should be shall be used
n the columns and a pitched roof with matching shingles shall be
elements
stgnage for the site shall be limited t
a Traffic control signs
b Striping on the canopy shall be limited to 10 feet on each side of
the canopy or one -quarter of the length of each side sinae on
the canopy shall not be internally or externally illuminated
c No si na a in excess of a total of four square feet of the entire
glass area of the exterior wall shall be permitted There shall be n
other signs, neon signs or neon accents installed on any wall area
of the exterior of the building, windows and or doors, canopy, light
poles or any other portion of the site
No outdoor vending machines and or display of merchandise shall be
allowed
Anon -site pedestrian walkway at least five feet in width shalt be provided
from the sidewalk on Chimney bill Parkway to the convenience store
8 Bicycle racks shall be provided near the entrance of the store
Reed Enterprises
Page 3 of 3
■ Attachments
Staff Review
Disclosure statement
Planning Commission Minutes
Location Map
Recommended Action staff recommends approval Planning Commission recommends
approval
Submitting DepartmenUAgency Planning Department
7!r
IL
City Manager
�1
REED- ENTERPRISES/ # 9
January , 2003
General Information:
APPLICATION G08-211-CUP-2042
NUMBER
REQUEST Conditional Use Permit for a convenience store with gas pumps
ADDRESS 985 Chimney Hill Parkway
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GPIN 1486-44-9760
ELECTION
DISTRICT 3 — ROSE HALL
SITE SIZE 31 755 square feet
Gpin l
Planning Commission Agenda° ^
January 00
REED ENTERPRISES/ # 9
Page 1
STAFF
PLANNER Barbara Duke
PURPOSE There are currently flour gas pump islands and a car wash on this site
The applicant desires to demolish the car wash and add a
convenience store to the site The gas pump islands will be relocated
and two additional gas pump islands will be installed under a new
canopy
Mayor Issues.
Degree to which the proposal is compatible with surrounding area
Land Use, Zoning, and
Site Characteristics
Existina Land Use and Zonin
There are four gas pump islands and
a kiosk under a canopy and an
automatic car Harsh on the site The
site is zoned B-2 Community
Business District
Surrounding Land Use and
ZoniM
North 0 Office Buildings -2 Office District and B-2
Community Business District
South 0 shopping Center B-2 Community Business
District
East 0 f ta)l Shops B-2 Community Business District
West 0 McDonald s Restaurant, senior Housing B-2
Community Business District and -2 Office
District
Planning Commission Agenda
January 8. 2003
FEED ENTERPRISES/
Page 2
Zoninci Hrstory
There have been numerous use permits granted for auto related uses in the cornmerclat
areas surrounding the site A conditional use permit for a gas station was approved on
the subject site in 1981 1n 1988, a conditional use permit to add a car wash was
approved on the subject site The only conditions placed on the car wash use permit
pertained to stormwater management and singe on the site
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceans
Natural _Resource and Phvsicaf Characteristics
The site is fully developed with impervious surfaces
Public Facilities and Services
Water and Sewer
The site is currently connected to City water and sewer
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Holland Road in the vicinity of the subject site is a four lane divided mayor urban
arterial It is identified on the Master Transportation Plan Map as a 120 foot wide
divided highway This roadway will be improved to a six lane facility with Holland
Road Phase V (CIP 2-850) This project is listed as requested but not funded in the
FY 2002-2403 Capital Improvement Program document
The right of gray width along the frontage of this site is sufficient for the 120 foot
width identified on the Master Transportation Plan The Department of Public Works
proposes a 155 foot right of way along this section of Tolland Road
Planning Commission Agenda
January , 2003
REED ENTERPRISES/
Page 3
Traffic calculations
Street Name Present Present Generated Traffic
Volume Ca acit
31 700 ADT' existing Land Use — 1 456
Holland Road 36 038 ADT ' LOS F
Proposed Land Use 3 3 552
'Average Daily Trips
as d f fined by 8 fuel pumps and car wash
as defined by 4 200 square feet convenience store and fuel pump
Public Safet
Police The applicant is encouraged to contact and work with the
Crime Prevention Off ice within the Police Department for crime
prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Some items to consider are
• Advertisements and/or displays should not be located in
and around windows
maximum height of shelving of no more than 42
inches is recommended, with no stacking items on the
top shelf This will help with visibility throughout the
store for employees and customers
• Any pay phones on the site shall be located away from
the convenience store
• Use of closed circuit TV on the site is recommended
• Installation of an alarm system on the building
Fire and Fire protection requirements will be addressed during detained
Rescue site plan review
Comprehensive Plan
The Comprehensive nsive Plan recommends this area for retail, service: office and other
compatible uses within commercial centers serving surrounding neighborhoods and
communities
Planning Commission Agenda
January 8, 2003
REED ENTERPRISES/
Page
Summary of Proposal
Proposal
The applicant is proposing to demolish the existing Car wash building and
locate a convenience store on this portion of the site In addition, the
applicant is relocating the fuel islands and canopy, removing the kiosk and
adding two more fuel islands
Site Design
The new Convenience store building, canopy and fuel pump islands meet all
required setbacks The new Convenience stare will be located at the southern
end of the site with the new fuel pump canopy located in front of the
convenience store and facing Holland Road
Vehicular and Pedestrian Access
The applicant is proposing to use the three existing Curb Cuts, two on Holland
Road and one on Chfmney Hill Parkway Public Works Traffic Engineering is
requesting that the applicant Close the existing entrances on Holland Road
and replace a single entrance with a turn lane This item has been listed as a
Condition at the end of this report
There is an existing sidewalk along the frontage of Holland Road and
Chimney Hill Parkway however no on -site sidewalk connection to the
convenience store is shown on the site plan This item has also been listed
as a condition at the end of this report
Architectural Design,
• The design of the proposed convenience store building meets the intent of the
retail guidelines in the zoning ordinance The elevations depict a defined
entryway with columns and a gable feature White wood trim (dental course)
will be featured along the all sides of the building Exterior materials include
reddish brown brick veneer and charcoal gray or black architectural shingles
with a roof slope of 7/12
Planning Commission Agenda
January 8. 2003
REED ENTERPRISES/
Page
No details for the relocated canopy have been provided with the application
Landscape and 0 n Space Desi
Currently there is very little landscaping on the site, as the majority of the site
was developed prior to the adoption of the parking It landscape
requirements The applicant is proposing to create planting strips along both
Chimney Hill Parkway and Holland Road
In addition, the applicant has shorn new planting strips along the perimeter of
the site where the property abuts commercial uses to the south and east
Evaluation of Request
The request for the addition of a convenience store and additional pump islands to the
fuel sales operation is acceptable, subject to the conditions listed below The existing
pump islands and canopy will be relocated and the existing car gash building will be
demolished on the site to make room for the new convenience store The convenience
store has been located on the site so that it meets all zoning setback requirements The
applicant has provided an architectural elevation of the building that meets the retail
guidelines Landscape plantings will be provided along the eastern and southern
boundaries of the site as well as along the rights of way of Chimney Hill Parkway and
Holland Road The overall aesthetics of the site will greatly improve under the proposed
plan The request for a conditional use permit for the operation of a convenience store
and gas pumps is acceptable subject to the following conditions
Conditions
1 The existing two entrances on Holland Road must be removed and replaced with
a single entrance with a right turn lane The entrance and turn lane configuration
and dimensions must conform to Public Works Specifications and Standards
2 The site shall be developed in substantial conformance with the submitted site
plan titled `Layout and Landscape Plan of Gas sales and Convenience Store
Addition' dated November 12 2002 and prepared by Lana Design and
Development said plan has been exhibited to City Council and is on file in the
City of Virginia Peach Planning Department
Planning Commission Agenda
January 8, 2003
REED ENTERPRISES/ ##
Page
3 The building shall be constructed in substantial conformance Mh the elevation
titled "Reed Enterprises Convenience Store @ Holland Road and Chimney Hill
Parkway" y„ Said elevation has been exhibited to City Council and is on file in the
City of Virginia Beach Planning Department
The new cant shall be constructed in substantial conformance with the
building The same reddish brown brick veneer should be shall be used on the
columns and a pitched roof with matching shingles shall be elements
Signage for the site shall be limited to
Traffic control signs,
b Striping on the canopy shall be limited to 10 feet on each side of the
canopy or one -quarter of the length of each side Signage on the canopy
shall not be internally or externally illuminated
c No signage in excess of a total of four square feet of the enure glass
area of the exterior wail shall be permitted There shall be no other signs,
neon signs or neon accents installed on any wall area of the exterior of the
building, windows and or doors, canopy, light poles, or any other portion
f the site
No outdoor vending machines hin and or display of merchandise shall be allowed
non -site ped stn n walkway at least five feet in width shalt be provided from
the sidewalk on Chimney Hill Parkway to the convenience store
Bicycle racks shall be provided near the entrance of the store
NOTE Further conditions maybe required during the
administration of applicable City Ordinances The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes Conditional use permits must be
activated within 12 months of City Council approves! See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
January 8, 2003
FEED ENTERPRISES/ # g
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January 8, 2003
REED ENTERPRISES/-'.-�
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January 8, 2003 � -'I'
REED ENTERPRISES/ g _
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Planning Commission Agenda
January 8. 2003
REED ENTERPRISES #
Page 1
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Planning Commission Agenda
January 8, 2003
RFFn FNTFRPRIF!.�
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Planning Commission Agenda -r
January 8, 2003
REED ENTERPRISES.-.,�'
Page 1
DISCLOSURE STATEMENT
Appllcani s Name FC0 b4 I Ejr,, T,2ff 1-"N
List All Current ,� /.'%/ /
Property A�PROPERTY OWNER DISCLOSURE
It the property owner is a CORPORATION lit all officers of the Corporation below
(Attach lig+ d necessary)
it to -=� arty owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATION list all mennbers or partners in the organization below Att&c r list
if necessary /,) /
Check here rf the property owner is NOT a corpor bon partnership firm or other
unincorporated organization
if am appAcent is nor the aurmni ownw at tho pwporty awWh" tw f
sectiorr below
APPUCAl T DISCLOSURE
If the property owner is a CORPORATION list all officers of the corpora on below
(Aga(Agach list if necessaW
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ell
jP'/--6 "P 72 4C. _A
If the property owner is a PARTNERSHIP, FIRIIA or o&w UNINCORPORATED
oFIA I ATION list all members or partners in the organization below (Attach list
it ne err )
L check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTlFiCAT10H ! certify that the information contained herein is true
and accurate
/��x T e ( 9
51g Print Name � T
Conditional Use Permit Application
Page 8 of 1
Planning Commission Agenda
January 8, 2003
REED ENTERPRISES # g 4
}
Page 13
Item
Reed Enterprises, Inc
Conditional USt PerMlt
985 Chimney Dill Parkwav
District
Rose lull
January 8 003
CONSENT
Dorothy Wood The next item is Item #9 Reed Enterprises It s an application of Reed
Enterprises for a Conditional Use Permit for gasoline sales ,rith a convenience store at
the corner of Holland and Chimney Hill Parkway This is located in the Rose Hall
District and it has eight conditions
Roger Pope Good afternoon My name is Roger Pope of Land Design and
Development We re the consultants for the applicant The eight conditions are
acceptable
Dor thv Wood Is there any opposition to Item #9 Reed Enterprises' I would move to
approve this item on the Consent agenda number 9 with eight conditions No
opposition
Ronald Fapley We have a motion to approve the Consent agenda for the item so read
Do I have a second'
Eugene Crabtree 111 second it
Ronald ld Ripley Seconded by Gene Crabtree Dot would you like to have some
discussion"
Dor nth Wood Yes Mr Din would you please explain Item
William Din Item #9 involves an existing fuel/gas station facility that currently has
existing gas pumps and an attendance shed bemeen the gas pumps Thi is being
removed and we felt hke the improvements the applicant was making in this area eras
aoina to greatly improve the views from Holland Road and Chirnmev Hill area It was
aesthetic improvement which will help that area immensely We had no questions o
that and placed it on the Consent aoenda
Ronald Ripley Also I need to disclose that I don t have a financial interest in this item
Reed Enterprises but I do awn property that is across the street from this This is ar
senior housing community but there s no conflict but I just panted to disclose that to the
Commission and the public Okay we have a motion and a sewed and unless there is
other discussion on the motion, I d like to call for a vote Yes �
Item #
Reed Enterprises, Inc
Page 2
Ed Weeden Mr Ripley you re not abstaining from nine"
Ronald Ripley I m not abstaining frorn nine
AYE 10 NAY 0
RA TREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
AYE
RI LEY
AYE
SALLE'
AYE
STRANGE
WE
WOOD
AYE
AS 0 ABSENT
Ronald Ripley By a Grote of I -o the motion passes
R APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS U IL
THE PLANNING COUNCIL
UNFINISHED BUSINESS
m NNN BUSINESS
ICI ADJOURNMENT