AUGUST 8, 2006 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Cellterville - District I
BARBARA M. HENLEY, Princess Alllle - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, LYllllhavell -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
8 AUGUST 2006
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc/@vbgov.com
I.
CITY MANAGER'S BRIEFING
- Conference Room -
1:30 PM
A. RETIREE BENEFITS and UNFUNDED LIABILITIES
Patricia Phillips, Director - Department of Finance
Susan Walston, Chief of Staff
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim W olfcale
Pastor
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
July 18, 2006
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1.
2.
3.
4.
2006 Little Miss Virginia Beach
2006 Preteen Miss Virginia Beach
2006 Teen Miss Virginia Beach
2006 Miss Virginia Beach
Blair Morgan
Mary Lukasiewicz
Courtney Nicole Rodgers
Ashley Christian Smith
I. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution re a Pre-Opening Services Agreement for the Sandler Center for the
Performing Arts; to AUTHORIZE the City Manager to execute the agreement; and,
DEVELOP a Management Agreement with Global Spectrum LP for operation and
maintenance of the SCP A.
2. Ordinance to TRANSFER $765,608 from the Department of Museums and Cultural Arts
FY2006-07 operating budget to the Non-Departmental FY 2006-07 Operating Budget to
better provide for the management and fund raising activities associated with the Sandler
Center for the Performing Arts (SCP A) and other cultural activities,
3. Ordinance to AUTHORIZE a temporary encroachment into portions of the City's right-of-
way at Brasileno Court by PATRICK J. and LISA M. HENEGHAN to construct a
bulkhead, dock and boat lift.
4. Ordinances to ACCEPT and APPROPRIATE:
a. $34,156 Grant from the Virginia Office of Emergency Medical Services (VaEMS)
to the FY2006-07 operating budget of the Emergency Medical Services (EMS) re
purchase of defibrillators in the "Four-for-Life" program.
b. $15,000 from the Department of Criminal Justice for the Byrne/JAG Recruiting
and Retention of Criminal Justice Professionals Grant to the Police Department's
FY 2006-07 operating budget to more adequately represent the demographics of the
City as a whole.
K. PLANNING
1. Application of ROBERT M. ROUSSEAU for an Enlargement of a Nonconforming Use at
403 16th Street to demolish an existing duplex dwelling damaged by fire, construct a
single-family dwelling on the site, add a second story deck over an existing porch that is
attached to the single-family dwelling already located on the site.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
2. Application of OCEAN BAY HOMES, L.L.C. for a Variance to S 5B of the Site Plan
Ordinance, Floodplain Regulations, at 314 A & B 29th Street to conform with the Federal
Emergency Management Agency (FEMA) regulations.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
3. Application of JANET KOTTKE for a Modification of Conditions for a Conditional Use
Permit, (approved by City Council on February 12, 1990 and September 12, 1995), at 5009
Providence Road to extend the hours of operation to 6 P.M. Monday through Friday.
(DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application of ST. MICHAEL LUTHERAN CHURCH for a Modification of Conditions
for a Conditional Use Permit, (approved by City Council on October 12,2004 and modified
on August 9,2005), at 2208 Princess Anne Road to reduce the maximum number from 150
to 100 children allowed for child care.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of NEW JERUSALEM CHURCH for a Conditional Use Permit re a church
addition at 118 Erie Avenue to provide for appropriate family life activities, educational and
administrative space for the present congregation.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
L. APPOINTMENTS
BEACHES AND W ATERW A YS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BUILDING CODE OF APPEALS - New Construction
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
PARKS AND RECREATION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
SPORTS AUTHORITY OF HAMPTON ROADS
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 08/03l2006gw
www.vbgov.com
I.
CITY MANAGER'S BRIEFING
- Conference Room -
1 :30 PM
A. RETIREE BENEFITS and UNFUNDED LIABILITIES
Patricia Phillips, Director - Department of Finance
Susan Walston, Chief of Staff
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
v.
INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim Wolfcale
Pastor
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
July 18, 2006
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1.
2.
3.
4.
2006 Little Miss Virginia Beach
2006 Preteen Miss Virginia Beach
2006 Teen Miss Virginia Beach
2006 Miss Virginia Beach
Blair Morgan
Mary Lukasiewicz
Courtney Nicole Rodgers
Ashley Christian Smith
1. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution re a Pre-Opening Services Agreement for the Sandler Center for the
Performing Arts; to AUTHORIZE the City Manager to execute the agreement; and,
DEVELOP a Management Agreement with Global Spectrum LP for operation and
maintenance of the SCP A.
2. Ordinance to TRANSFER $765,608 from the Department of Museums and Cultural Arts
FY2006-07 operating budget to the Non-Departmental FY 2006-07 Operating Budget to
better provide for the management and fund raising activities associated with the Sandler
Center for the Performing Arts (SCP A) and other cultural activities.
3. Ordinance to AUTHORIZE a temporary encroachment into portions of the City's right-of-
way at Brasileno Court by PATRICK J. and LISA M. HENEGHAN to construct a
bulkhead, dock and boat lift.
4. Ordinances to ACCEPT and APPROPRIATE:
a. $34,156 Grant from the Virginia Office of Emergency Medical Services (VaEMS)
to the FY2006-07 operating budget of the Emergency Medical Services (EMS) re
purchase of defibrillators in the "Four-for-Life" program.
b. $15,000 from the Department of Criminal Justice for the Byrne/JAG Recruiting
and Retention of Criminal Justice Professionals Grant to the Police Department's
FY 2006-07 operating budget to more adequately represent the demographics of the
City as a whole.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: Pre-opening Services Agreement for the Sandler Center for the Performing Arts
~
MEETING DATE: August 8,2006
. Background:
The City has engaged a third party to plan, engineer, design and construct the Sandler Center for the Performing Arts
(SCPA), a 1200-seat professional quality performance hall in Town Center for cultural performances and family
shows. The Facility is scheduled to open in Fall 2007 and the City will retain ownership.
A Request for Proposal (RFP) was issued in Spring 2005 for two possible scenarios: one where an outside
organization is contracted to manage the effort of presenting touring entertainment programming in the facility and the
other where an outside organization takes complete responsibility for the operation and maintenance of the SCPA.
. Considerations:
After extensive interviews of the two offerors and analysis of the proposals, on February 21, 2006, the Selection
Committee presented their recommendation to City Council to contract with Global Spectrum for the operation,
programming and maintenance of the Facility.
Pre-Opening Services Management Fee (April 2006-August 2007) = $99,000
Direct Operating Expenses = $531,000
. Public Information:
Public information and notification will be handled through the Council agenda notification process. Meetings have
been held with all the applicable City departments.
. Alternatives:
Do not approve the agreement and explore other options for management.
. Recommendations:
Approve Pre-Opening Services Agreement with Global Spectrum and authorize the City Manager to develop a
Management Agreement for once the Center opens.
. Attachments:
Resolution, Summary of Contract Terms.
Recommended Action: Approval
~:~~tM,~~cu.uraIArts 4i~ ~~
1
2
3
4
5
A RESOLUTION APPROVING A PRE-OPENING
SERVICES AGREEMENT FOR THE SANDLER CENTER
FOR THE PERFORMING ARTS AND AUTHORIZING THE
CITY MANANGER TO EXECUTE THE AGREEMENT FOR
THE CITY
6
WHEREAS, the Sandler Center for the Performing Arts (SCPA),
7 a 1200 seat performance hall located In Town Center, is
8 scheduled to open in the fall of 2007;
9
WHEREAS,
following a Request
for
Proposal
(RFP) ,
a
10 selection committee presented its recommendation to the City
11 Council that the City contract with Global Spectrum. L.P. for
12 the operation, programming and maintenance of the SCPA;
13 WHEREAS, the City Council agrees with the recommendation of
14 the selection committee and desires that the City Manager
15 develop a management agreement with Global Spectrum, L. P. for
16 the operation, programming and maintenance of the SCPA; and
17
WHEREAS,
prior to the preparation of the management
18 agreement, the City Council desires to engage the services of
19 Global Spectrum, L.P. for the performance of certain pre-opening
20 services.
21
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA THAT:
23
1.
The Pre-Opening Services Agreement presented to the
24 City Council and on file with the City Clerk is approved and the
25 City Manager is authorized to execute same on behalf of the City
26 of Virginia Beach.
27
2.
The City Manager is authorized to develop a Management
28 Agreement with Global Spectrum, L. P. to address the operation,
29 programming and maintenance of the SCPA when it opens, and the
30 City Manager shall present the Management Agreement to the City
31 Council for its approval.
32 Adopted by the City Council of the City of Virginia Beach,
33
Virginia, on this
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
01~'
c~fo~ice
CA-I0096
PA/GG/ordres/Global Spectrum RES
August 1, 2006
R-3
SUMMARY OF CONTRACT TERMS
Pre-opening Services Agreement for the Sandler Center for the Performing Arts.
Parties:
City and Global Spectrum, L.P., a Delaware limited partnership
Purpose: Global Spectrum has been selected to manage the operations of the Sandler Center
when it opens. The parties recognize that Global Spectrum should be engaged to perform certain
pre-opening services to assure an orderly opening.
Services to be provided by Global Spectrum pursuant to the Pre-Opening Services Agreement:
. Review of Facility design & construction
· Hardware schedules, interior finish schedules, graphics and signage, recommend FF&E,
coordinate transitions from construction project to operating facility
. Fine tune operating pro-formas
. Develop operating and maintenance manual
. Develop plan for concessions operations
· Oversee booking and scheduling of events (as outlined in Booking Policy)
. Develop reporting system and accounting systems
· Develop marketing plan, advertising campaign and materials
. Maintain ongoing community relations and exposure
. Plan Grand Opening events
. Hire staff
. Provide monthly reporting to City's Contract Administrator
· Provide periodic reports to City Council through Council Liaisons
· Provide Annual Report to City Council through City Manager
Cost:
Pre-opening Services Management Fee
(April 2006 - August 2007)
Direct Operating Expenses
$ 99,000
$531,000
Other Terms:
Global Spectrum indemnifies and holds harmless the City and its employees;
Global Spectrum to maintain appropriate levels of insurance coverage;
Global Spectrum is an independent contractor and will hire its own employees;
Standard non-discrimination, drug free workplace and choice of law/venue clauses;
The City's Contract Administrator will be the City Manager or his designee; and
The parties agree to negotiate in good faith a management agreement for the
management and operation of the Sandler Center when it opens.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $765,608 from the Department of Museums FY 2006-
07 Operating Budget to the Non-Departmental FY 2006-07 Operating Budget.
MEETING DATE: August 8,2006
. Background: Since the formation of the Department of Museums and Cultural
Arts, City Council has created and funded the Sandler Center for the Performing
Arts, a major cultural arts initiative. It is necessary to transfer certain budget
units from the Department of Museums and Cultural Arts to a separate non-
departmental section of the operating budget to better provide for the
management and fund raising activities associated with the Sandler Center for
the Performing Arts and other cultural activities.
. Considerations: The following budget units will be transferred from the
Department of Museums and Cultural Arts to the Non-Departmental Operating
Budget:
Budget Unit
FY 2006-07
Operating
Budget
$308,695
$50,500
$406,413
$765,608
Cultural Activities
Cultural Activities-TGIF
Sandler Center for the
Performing Arts
Total:
. Public Information: Public information will be handled through the normal
Council agenda process.
. Recommendations: Approval.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Museums
CityManageG l~ · ~~
1
2
3
4
AN ORDINANCE TO TRANSFER $765,608 FROM
THE DEPARTMENT OF MUSEUMS FY 2006-07
OPERATING BUDGET TO THE NON-DEPARTMENTAL
FY 2006-07 OPERATING BUDGET
5
WHEREAS, it is necessary that specific funding previously
6 appropriated to the Department of Museums FY 2006-07 Operating
7 Budget be transferred to the non-departmental section of the FY
8 2006-07 Operating Budget.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11 That $765,608 is hereby transferred within the FY 2006-07
12 Operating Budget from the Department of Museums to the Non-
13 Departmental Operating Budget.
14
Adopted by the Council of the City of Virginia Beach,
15 Virginia on the
day of
, 2006.
Approved as to Content
Approved as to Legal
Sufficiency
Jj0~'rtdQ. ~
Management Servlces
CAI0098
PA/orders/Office of Cultural Affairs
August 2, 2006
R-3
LOCATION MAP
SHOWING
ENCROACHMENT REQUESTED BY
PATRICK J. HENEGHAN, II AND LISA M. HENEGHAN
FOR A WOODEN DOCK AND BOAT LIFT
WITH ASSOCIATED WOODEN DOCK ACCESS
912 BRASILENO COURT
GPIN 2414-92-4909
SCALE: 1" = 200'
912 BRASlLENO BOAT UFT.DGN M.J.5.
PREPARED BY PM' ENG. CADD DEPT.
APRIL 25,2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance to authorize temporary encroachments into portions of the
100' City drainage easement located behind 912 Brasileno Court, property
of Patrick J. Heneghan, II and Lisa M. Heneghan.
MEETING DATE:
August8,2006
. Background:
On September 13, 2005, Mr. and Mrs. Patrick J. Heneghan, II requested and
received permission from City Council to encroach into a portion of the City's 100'
drainage easement adjacent to their property located at 912 Brasileno Court for a
wooden bulkhead. Mr. and Mrs. Heneghan now request permission to encroach
into the same City easement for a wooden dock and boat lift, with associated
access to the wooden dock.
. Considerations:
City Staff have reviewed the requested encroachments and have recommended
approval of same, subject to certain conditions outlined in the attached
Agreement.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, 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, Plats and Photos
Recommended Action: Approval
Submitting Department/Agency: Public Works ~ t/J
City Manager: ~~ )L .~~
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORI ZE
4 TEMPORARY ENCROACHMENTS INTO
5 PORTIONS OF THE 100' CITY
6 DRAINAGE EASEMENT LOCATED
7 BEHIND 912 BRASILENO COURT BY
8 PATRICK J. HENEGHAN, II, AND
9 LISA M. HENEGHAN
10
11
12
13 WHEREAS, on September 13, 2005, Patrick J. Heneghan, II, and
14 Lisa M. Heneghan did receive approval from the City to construct
15 a bulkhead within a portion of an existing City 100 I drainage
16 easement (GPIN 2424-02-4573) behind their property located at 912
17 Brasileno Court, Virginia Beach, virginia 23456 (GPIN 2414-92-
18 4909) i and
19
WHEREAS, Patrick J. Heneghan, II, and Lisa M. Heneghan
20 entered into an Agreement with the City regarding the bulkhead
21 encroachment and the said Agreement was recorded on October 7,
22 2005 as Instrument No. 200510070163860 in the Office of the
23 Clerk of the Circuit Court of the City of Virginia Beach,
24 Virginia; and
25
WHEREAS, Patrick J. Heneghan, II, and Lisa M. Heneghan now
26 desire to construct and maintain a wooden dock and boat lift
27 with associated access to the wooden dock within portions of the
28 City's same 100' drainage easement located behind 912 Brasileno
29 Court.
30
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
32
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authorize temporary encroachments into the City's 100' drainage
easement subj ect to such terms and conditions as Council may
prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
as amended, Patrick J. Heneghan, II, and Lisa M. Heneghan, their
heirs, assigns and successors in title are authorized to
construct and maintain a wooden dock and boat lift with
associated access to the wooden dock wi thin portions of the
City's 100' drainage easement as shown on those five (5) exhibit
plats entitled: npROPOSED BULKHEAD, DOCK & BOAT LIFT IN A CANAL
@ LAGOMAR PROJECT LOCATION: 912 BRASILENO COURT VA BEACH, VA
23456 APPLICANT: LISA HENEGHAN 912 BRASILENO COURT VA BEACH, VA
23456" copies of which are on file in the Department of Public
Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach
and Patrick J. Heneghan, II, and Lisa M. Heneghan (the
54 "Agreement"), which is attached hereto and incorporated by
55 reference; and
56
BE IT FURTHER ORDAINED, that the City Manager or his
57 authorized designee is hereby authorized to execute the
58 Agreemen t ; and
59
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
60 effect until such time as Patrick J. Heneghan, II, and Lisa M.
61 Heneghan and the City Manager or his authorized designee execute
62 the Agreement.
63 Adopted by the Council of the City of Virginia Beach,
64
Virginia, on the
day of
, 2006.
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DEPARTMENT
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CITY ATTORNEY
CA-9880
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9880 Heneghan Ordinance.doc
R-l
June 30, 2006
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OmCE
EXEMP1ED FROM RECORDATION TAXES
58.1-811(c)(4)
..... A .
THIS AGREEMENT, made this J(g day of ~P(\ \
, 2006, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and PATRICK J. HENEGHAN. II AND LISA M. HENEGHAN, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland
designated and described as "LOT 269" as shown on that certain plat entitled "SUBDIVISION
OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29,1993 SHEET 1 OF 5
PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated
and described as 912 Brasileno Court, Virginia Beach, Virginia 23456 (GPIN 2414-92-4909);
and
WHEREAS, on September 13, 2005, the Grantee did receive approval from the City
to construct a bulkhead within a portion of an existing City 100' drainage easement (GPIN 2424-
02-4573) adjacent to their property aforesaid; and
WHEREAS, the Grantee entered into an Agreement with the City regarding the
bulkhead encroachment, and the said Agreement was recorded on October 7,2005, as Instrument
No. 200510070163860 in the Office of the Clerk of the Circuit Court of the City of Virginia
Beach, Virginia; and
GPINs 2414-92-4909 and 2424-02-4573
WHEREAS, it is proposed by the Grantee to construct and maintain a wooden dock
and boat lift with associated access to the wooden dock, "Temporary Encroachment", in 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 the aforesaid existing City 100' drainage
easement, "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
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 of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown
on those certain plats entitled: "PROPOSED BULKHEAD, DOCK
& BOAT LIFT IN A CANAL @ LAGOMAR PROJECT
LOCATION: 912 BRASILENO COURT VA BEACH, VA 23456
APPLICANT: LISA HENEGHAN 912 BRASILENO COURT VA
BEACH, VA 23456" Said plats are dated 04/18/05, were last revised
03/23/06 and consist ofa total of five (5) sheets, copies of which are
attached hereto collectively as Exhibit "A" and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
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.
2
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's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
3
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee; and if such removal shall not be made within the time ordered herein above by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that the Temporary Encroachment is allowed to continue thereafter,
and may collect such compensation and penalties in any manner provided by law for the
collection oflocal or state taxes.
IN WITNESS WHEREOF, Patrick J. Heneghan, II and Lisa M. Heneghan, the said
Grantee, have caused this Agreement to be executed by their signature(s) and seales) 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.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
A TrEST:
City Clerk
4
~,~~
Pat. . . Heneghan, ,U.
~v?!t. ?-
Lisa M. Heneg an '
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER.
, CITY
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
STATE OF
CITY/COUNTY OF ~ IJaas , to-wit:
!if(l%1... -
The foregoing instrument was acknowledged before me this Z~ day of
, 2006, by Patrick 1. Heneghan, II,
~t~~~
My Commission Expires:
~ ~~~ Is itf
of \iir9fJ.3 ~ry P...>;:!c ~)~ -69
~ EY.l)llt;5: ~.I#G
u..t:an~ ~~...
"J MARY ~.. e.f. ":,,,"..
STATE OF
CITY/COUNTY OF
V A tJe~
, to-wit:
-.H#t-
The foregoing instrument was acknowledged before me this 2~
, 2006, by Lisa M. Heneghan,
~f::::r=
day of
My Commission Expires:
b~:.:.::..~ '
Comm.;;IW~'l t.,:::,,,.
My CrF.~o: ~;~;:.17 "~/.kJ~
MAR. P.. eROGA:'\l
APPROVED AS TO
LEGAL SUFFICIENCY
AND FORM
~E'; C. O@us~ iD
TY REAL ESTATE AGENT
APPROVED AS TO CONTENT
~ -( 1"" ("
~ ~ \.. UU 3~ert:tl (...;,roW
'" ,
CITY ATTORNEY
6
EXHIBIT "A"
LOCATION MAP
NOT TO SCALE
1
~
PERMIT #: V805-117
REVISED: 03/23/06
_ QR BANK STABIUZATlON. DOCK & BOAT LIFT
PROPOSED BULKHEAD, DOCK. &
BOAT LI FT IN A CANAL @ LAGOMAR
PROJECT LOCATION:
912 BRASILENO COURT
VA BEACH, VA 23456
APPLICANT:
LISA HENEGHAN
912 BRASILENO COURT
VA BEACH, VA 23456
DAiE: 04/18/05 SHEET 1 OF 5
ADJACENT PROPERTY OWNERS:
1) DAVID NELSON
2) ELDON GRIGGS
MLW-o.O
L 100' DRAINAGE
EASEMENT 7
- J~Of _----J,--.
------- - e
\ in ,
Q7 45. L==37.60
I _ _ ..lI~"':f'oo-:y _6~ - -R==700.oo'
-- 4 ....
. .:,.. .: ,.
FENCE. 1YP
g \ I
g I~
: ~~~N:B~'~~ ~~09 \ \~_
b\ \~
~I
~ I~
~I 1 l~
z\ \~
\ I~
I \
\ I ~
1 j:~~ 'I
\ q;~ \
, L=25.l!L .,..!.
\ '.' "'r . .' _ _ - -1l- ~ R'.,;375.OO'
1- - 5 84032'00. VI 74.1&.
-BRASILENO COURT-
1) DAVID NELSON
916 BRASllENO CT.
VA BEACH, VA 23456
GPIN: 2414 92 3908
GRAPHIC SCALE
1S' 0 15' 30'
H,HHH~ I I
1" = 30'
EXISTING
SITE
PLAN
SCALE: '''=30'
-EBB~
<-FLOOD-
(/1
(/1
o
5~
<(-I
go
1
~
FENCE. TYP
2) aDON GRIGGS
908 BRASlLENO CT.
VA BEACH. VA 23456
GPIN: 2414 93 5010
e..: PROPERTY UNE
PERMIT #: VBOS-117
REVISED: 03/23/06
PROJECT PURPOSE: CONSTRUCT BUL.I{H~~-FqR BANK STABILIZATION, DOCK & BOAT LIFT
... ...... ........
ADJACENT PROPERlY OWNERS:
PROPOSED BULKHEAD, DOCK &
BOAT L1Ff IN A CANAL @ LAGOMAR
PROJECT LOCATION:
912 BRASILENO COURT
VA BEACH. VA 23456
APPLICANT:
USA HENEGHAN
912 BRASILENO COURT
VA BEACH, VA 23456
DATE: 04/18/05 SHEET 2 OF 5
1} DAVID NELSON
2) ELDON GRIGGS
MLW-O.O
~CROACHMf:NT:
PROPOSED S'X16' DOCK,
21.25' FROM PROPERTY LINE
i
~
It: PROPERTY UNE
~ INTlCATES PHOTO .
GRAPHIC SCALE
10' 0 10' 20'
H-I1-I1 tH I I I
1" = 20'
tv
--
{
I
\
PROPOSED SITE
SCALE: '''-20'
PLAN
PERMIT #: VB05-11 7
REVISED: 03/23/06
PROJECT PURPOSE: CONSTRUCT 8U~;~i'.Q
PROPOSED BULKHEAD, DOCK &
BOAT LIFT IN A CANAL 0 LAGOMAR
PROJECT LOCATION:
912 BRAS(LENO COURT
VA BEACH, VA 23456
APPLICANT:
USA HENEGHAN
912 BRASlLENO COURT
VA BEACH VA 23456
DAlE: 04/t8/05 SHEET 3 OF 5
ADJACENT PROPERTY OWNERS:
1) DAVID NELSON
2) ELDON GRIGGS
t.lLW-O.O
~
1. ALL WOOD (PIUNG & fRAMING) TO BE
TREATED (2.25 PCF. CCA),
2. ALL HARDWARE TO BE HOT DIP
GAlVANIZED.
3. SEED AlL DISTURBED GROUND SURFACES.
4. INSTAlL 36" HIGH SILT FENCE SEAWARD
OF AlL DISTURBED ARE/>S AT CONCLUSION
OF EACH WORK DAY. EMBED 4"'
HORIZONTAlLY AND 4" VERTICALLY AND
PROPERLY MAINTAIN.
1-2'~
I I
I I
I I
I I
I
- ~\ *" ClAM. TIE
\ RODS 0 EACH
\ l' PILE
\ ~5'
EXIST. GRADE
1. MIN. COVER
OVER PILE
S'" DIAM. X 10.:t: LONG
BATTER PILE. TYP. 0
EACH TIE ROD
PERMIT #: YB05-11 7
REVISED: 03/23/06
tmIE; TBM EL=6.5',
POOL CONC. DECK
REMOVE EXIST. FENCE
& RE-INSTAlL AS
REQUIRED
a.
~
~ 00
~z ~L5
~;a Ox
U) a.~
x~ ~5
wo a.m
L . I ~ 2"XS" CAP WI 2-20d
2 -, NAILS @ 2' O.C.
I I %.. DIAM. BOLTS @
I I MIDPOINT BETWEEN PILES
I ----EL=6.0'
2-2"'XS" WAlER
- - - EL.=4.S'
2"'Xa" CONT.
2-2"Xa" WAtER
- - - MHW=2.0'
I 2'
12'
MLW 0.0'
PROPOSED 2"X10" T&G
TIMBER BULKHEAD. 50%
EMBEDMENT, MIN.
PROPOSED WOOD PILES.
S" DIAM. @ 5'-4" O.C.,
EMBED 50%, MIN.
BULKHEAD
S~: 1/.-=1'
GRAPHIC SCALE
o 2' ..
MMH H H I
1/4- -1'-0.
PROJECT PURPOSE: CONSTRUCT BU~_, OR BANK STABILIZATION, DOCK &; BOAT UFT
PROPOSED BULKHEAD. DOCK &
ADJACENT PROPERlY OWNERS: BOAT LIFT IN A CANAl @ lAGOMAR
PROJECT LOCATION:
912 BRASILENO COURT
VA BEACH. VA 23456
1) DAVID NELSON
2) ELDON GRIGGS
IolLW-O.O
APPLICANT:
USA HENEGHAN
912 BRASlLENO COURT
VA BEACH, VA 23456
DAlE: 04/18/05 SHEET .. OF 5
- ,
6" UFT PILES, 50% BOAT LIFT PROPOSED S'X16'
EMBEDMENT. CUT-OFF' 8' <I-, 16' DOCK -,
EL 12.00' I
6'- J
110' 1\
, co
1
x Y XYX xxxxxx lEE S
N Y")l xx~ xxxXx x
"'--NW CO~ER Of \ 16' 4 L BULKHEAD, U
"- 2' BOAT UfT
ACCESS CONSTRUCTIO
BULKHEAD .-
PROPOSED 2 500 L8
i
NDER
N
PROPOSED DOCK-PLAN
GRAPHIC SCALE
SCAlE: 1/S"=1'
o 4' 8'
ti<I ~ H>-<I H
1/8- ="-0-
t:mES;
1. ALL WOOD (PILING &: FRAMING)
TO BE TREATED (2.25 PCF, CCA),
ALL HARDWARE TO BE HOT DIP
GALVANIZED.
2, SEED ALL DISTURBED GROUND
SURFACES.
3. INSTALL 3S" HIGH SILT FENCE
SEAWARD OF ALL DISTURBED
AREAS AT CONCWSlON OF EACH
WORK DAY. EMBED 4"
HORIZONTALLY AND 4. VERTICALLY
AND PROPERLY MAINTAIN.
8' I
5/8. DIAM. THRU
BOLT W/ OGEE &
I 2XS" DECKING, PLATE WASHERS,
TYP. I TYP
I I .
----------r-TOP EL=6.0'
2XS" JOISTS, TYP, I
- MHW=2.0'
2XS- STRINGERS,
4. INSTAlL BOAT LIfT lAW TYP.
MANUFACTURER'S INSTRUCTIONS
BULKHEAD UNDER
CONSTRUCTION.
GRAPHIC SCALE SEE SHEET 4
o 2' 4'
HMH H H I
'/4- .,'-0-
- MLW=O.O'
1) DAViD NELSON
2) ELDON GRIGGS
EXIST. BOTTOM
WOOD PIlES. 8" DlAM.
@ 8':1:: O.C., 50~
MIN.PENETRATlON, TYP.
SECTION
SCALE: 1/4"=1'
PERMIT #: VB05-117
REVISED: 03/23/06
ADJACENT PROPERTY OWNERS:
PROPOSED BULKHEAD, DOCK &
BOAT UFT IN A CANAL @ LAGOMAR
LlLW-o.O
PROJECT LOCATION:
912 BRASILENO COURT
VA BEACH. VA 23456
APPLICANT:
USA HENEGHAN
912 BRASlLENO COURT
VA BEACH, VA 23456
DATE: 04/18/05 SHEET 5 OF 5
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $34,156 from the Virginia Office of
Emergency Medical Services to the FY 2006-07 Operating Budget of the
Emergency Medical Services Department for the Purchase of Defibrillators
MEETING DATE: August 8,2006
. Background: The General Assembly established the Four-for-Life program for
the purpose of providing financial assistance to volunteer rescue squads and municipal
Emergency Medical Services (EMS) agencies to fund EMS programs and projects. As
required by Virginia Code section 46.2-694, the Four-for-Life program collects four
additional dollars on each state automobile license purchased annually. Nearly one
third of these funds is allocated to the Rescue Squad Assistance Fund (RSAF). Each
year, the Virginia Beach Department of Emergency Medical Services applies for grants
from RSAF. Major projects and initiatives have been made possible solely through the
assistance of this grant program.
During the most recent grant cycle, the Department of Emergency Medical Services
applied for and received a 50% grant of $34,156 to purchase three 12 Lead defibrillators
and three automatic external defibrillators. Total cost of the defibrillators is $68,313.
. Considerations: The equipment requires a 50% match ($34,157) of local funds.
The sources for the matching funds are the Reserve for Contingencies ($32,506) and
the Operating Budget of the Emergency Medical Services Department ($1,651). RSAF
guidelines require that the receiving agency must purchase the equipment in advance.
Once the purchase is completed, the department will file for 50% reimbursement.
. Public Information: Grant awards are announced in the Virginia Office of
Emergency Medical Services and Tidewater Emergency Medical Services, Inc.
newsletters.
. Recommendations: Approval.
. Attachments: Ordinance and correspondence dated July 1, 2006 from Gary R.
Brown, Director, Virginia Office of EMS
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical services..q
City Manager~ \(. ~~
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$34,156 FROM THE VIRGINIA OFFICE OF
EMERGENCY MEDICAL SERVICES TO THE FY
2006 - 07 OPERATING BUDGET OF THE
EMERGENCY MEDICAL SERVICES DEPARTMENT
FOR THE PURCHASE OF DEFIBRILLATORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
1)
That $34,156 in additional state revenue is hereby
11 accepted from the Virginia Office of Emergency Medical Services
12 and appropriated to the FY 2006-07 Operating Budget of the
13 Emergency Medical Services Department to assist with the
14 purchase three 12 lead defibrillators and three automatic
15 external
defibrillators,
with
state
revenue
increased
16 accordingly.
17
2)
That $32,506 is hereby transferred from the Reserve
18 for Contingencies to the Department of Emergency Medical
19 Services and $1,651 is hereby transferred within the Department
20 of Emergency Medical Services to purchase three 12 lead
21 defibrillators and three automatic external defibrillators.
22
Adopted by the Council of the City of Virginia Beach,
23 Virginia on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
(]"'l " r--... " ,"\
JjQ,,~ C~, Jini/ iJI)
Management service~
CAI0093
V:citylaw\00018160.DOC
R-3
July 28, 2006
Robert Straube, M,O. M.P,H.
Slate Health Commissioner
COMMONWEALTH of VIRGINIA
Department of Health
Office of Emergency Medical Services
P.O. Box 2448
Richmond, VA 23218-2448
July I, 20() 6
109 Governor SI.. Suite U 8-55
Richmond. VA23219
Gary R. Brown
Director
p, Scotl Winston
Assistan\ OifeClor
I-HOO-523-6019 (VA only)
804-864- 7600
FAX: 804-864-7580
Kathryn Brooks
City of VA Beach Dept of EMS
1917 Arctic Avenue
Virginia Beach, VA 23451
Deal' Grant Administrator:
The Office of Emergency Medical Services (OEMS) is pleased to announce that your agency has been awarded
funding from the OEMS Consolidated Grants Program. The attached Award Page itemizes the actual dollar value
and item(s) your agency has been awarded under this program.
In order to provide the best possible customer service, please take time to read all grant award documentation.
Please provide the grant number on all correspondence to OEMS and contact our office if you have any questions.
· Award Acceptance Form (Agreement for Services): mu st be returned within 60 days of grant award.
Original or faxed copies will be accepted.
**Note: a/lforms are available for downloading on our website: www.vdh.virginia.govloems.
· Instructions for Grant Reimbursement.
· Reimbursement Checklist: All items must be submitted in order to process your reimbursement.
· Conditions: A condition has been placed on some grant awards. Any and all conditions must be met in order
to receive reimbursement.
· Vehicles: All vehicles awarded under this grant must be crvailablefor service 24 hours a day - 7 days a week.
· PPCR/PPDR submission is required. Grant reimbursements will NOT be processed for any agency not fully
compliant.
· For communications equipment purchases, we recommend that you check the STARS contract for pricing.
It would be in your agency's best interest to purchase awarded item(s) by December 31,2006 for the best price
advantage, but no later than June 30, 2007. Contact Carol S. Morrow, OEMS Grant Program Manager at (804)
864-76] I or Linwood P. Pulling, Grant Specialist at (804) 864-7612 or 1-800-523-6019 for additional grant
information.
Congratulations,
Ay- t 1Ca1[
G~ Brown
Director
Enclosures
"'IIDHVIRCIN\A
, 'I , '. DEPAATMtNT
OF ~IEAl1H
Pn..k~r:ting You II/ul Yout ffl,,;runmen'
,\IV/I."!. vdh.virginifl.goV/Of:ITlS
Office of Emergency Medical Services
Consolidated Grant Program
AWARD PAGE
July I, 2006 - June 30, 2007 Grant Period
Agency Name: CITY OF VA BEACH DEPT OF EMS
Grant Number: TI-C07/06-06
Quantity Funding C Amount
Code Items Requested Status Funded % Level T # Funded
......._._--'---_.~----,.._--,-_._----
G 15809 Brochures NOT FUNDED
G 15810 Recruitment Booth NOT FUNDED
G 15811 (AED/Manual) with 12 lead FUNDED 3 50 $32,506.50
G 15812 Automatic External Defibrillat FUNDED 3 50 $1,650.00
$34,156.50
G - Rescue Squad Assistance Fund R - Recruitment and Retention T - ALS 'l'rain.ing Fund
~...........~
~;:~~~~'~~~2~,
r;;"'~l~'.'':;?'
(9~. . ........... ,,)
faf - l~\
\~~;:,,;~~;#
.........~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $15,000 from the Department of
Criminal Justice for the Byrne/JAG Recruiting and Retention of Criminal Justice
Professionals Grant to the Police Department's FY 2006-07 Operating Budget
MEETING DATE: August 8, 2006
. Background: The Department of Criminal Justice Services has awarded the
Virginia Beach Police Department funding through the Byrne Memorial Justice Grant
Program. This grant will be active from July 1, 2006 through June 30, 2007. The grant
provides $15,000 of federal funding and requires a $5,000 match, which will be funded
through the Police Department's Professional Development and Training budget.
The Police Department will utilize these funds to increase the presence of minorities
and females at all levels within the department. Historically, the VBPD's workforce has
not accurately represented the demographics of the community as a whole. The
funding will be used to produce a professional recruiting video to attract minorities, hire
an expert to consult with the department on diversity, build a portable agility course, and
purchase a computer and a digital projector.
. Considerations: The Police Department will provide a $5,000 match from the
Professional Development and Training budget.
. Public Information: Public information will be provided through the normal
Council agenda process.
. Recommendations: It is recommended that Council accept and appropriate the
grant award of $15,000 to the Police Department's FY 2006-07 Operating Budget.
. Attachments: Ordinance and Grant Award Letter
Recommended Action: Approval
Submitting Department/Agency: Police Department
City Manager: ~s \L .btJ "'"'z.
1
2
3
4
5
6
AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000
FROM THE DEPARTMENT OF CRIMINAL JUSTICE FOR
THE BYRNE/JAG RECRUITING AND RETENTION OF
CRIMINAL JUSTICE PROFESSIONALS GRANT TO THE
POLICE DEPARTMENT'S FY 2006-07 OPERATING
BUDGET
7
WHEREAS, the Police Department has identified $5,000 In
8 matching funds to support the Byrne/JAG Recruiting and Retention of
9 Criminal Justice Professionals Grant.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12
That $15,000 is hereby accepted from the Department of
13 Criminal Justice and appropriated to the Police Department's FY
14 2006-07 Operating Budget, with federal revenue increased
15 accordingly.
16 Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the day of , 2006.
Requires an affirmative vote by a majority of the members of
the Ci ty Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
:2~~~~
"j()J~ r3;( ~^
City Attorney's fflce
CAI0094
V:\citylaw\00018163.DOC
R-2
July 27, 2006
~.
COMMONWEALTH of VIRGINIA
Leonard G. Cooke
Director
Department of Criminal Justice Services
June 28, 2006
202 N. Ninth Street
Richmond, Virginia 23219
(804) 786-4000
FAX (804) 371-8981
TOO (804) 386.8732
Mr. James K. Spore
City Manager
City of Virginia Beach
240 I Courthouse Drive
Virginia Beach, V A 23456
Title: Byrne/JAG - Recruiting & Retention of Crim. Just. Professionals
Dear Mr. Spore:
I am pleased to advise you that grant number 07-A5209AD05 for the above-referenced grant program has
been approved in the amount of $15,000 in Federal Funds and $5,000 in Local Match for a total award of
$20,000.
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions.
To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to
Janice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the
conditions carefully; as some require action on your part before we will disburse grant funds.
Also, enclosed are the Post Award In!ltructions and ReportinQ: Requirements. Please refer to and read this
information carefully as it contains details on processing financial and progress reports, as well as requesting
awarded funds. Remember all financial and progress reports, budget amendment requests and request for
funds must be processed through our Grants Management Online Information System (GMIS).
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success. If you have any questions, please call Kathi Lee at (804) 786-4303.
Yours very truly,
l~~(Q. ~
Leonard G. Cooke
i,
, I
',:
"-Ii
..
~ 1
I
I;} I
'; '1 i
I
:!
.' 1
i
!
Enclosures
cc: Mr. Ray Greenwood, Training Director
Mr. Tom Mitchell, Budget Manager
Kathi Lee, DCJS
':
t .:
I' .
1.lU L
1 0 2006
, "
'..
, :1
..'
Cr\n:1inal Justice Service Board' Committee on Training. Advisory Committee on Juvenile Justice
Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs
Private Security Services Advisory Board. Criminal Justice Information Systems Committee
K. PLANNING
1, Application of ROBERT M. ROUSSEAU for an Enlarf!ement of a Nonconforminf! Use at
403 16th Street to demolish an existing duplex dwelling damaged by fire, construct a
single-family dwelling on the site, add a second story deck over an existing porch that is
attached to the single-family dwelling already located on the site.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPRO V AL
2. Application of OCEAN BAY HOMES, L.L.c. for a Variance to S 5B of the Site Plan
Ordinance, Floodplain Regulations, at 314 A & B 29th Street to conform with the Federal
Emergency Management Agency (FEMA) regulations.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
3. Application of JANET KOTTKE for a Modification of Conditions for a Conditional Use
Permit, (approved by City Council on February 12, 1990 and September 12, 1995), at 5009
Providence Road to extend the hours of operation to 6 P.M. Monday through Friday.
(DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application of ST. MICHAEL LUTHERAN CHURCH for a Modification of Conditions
for a Conditional Use Permit, (approved by City Council on October 12,2004 and modified
on August 9, 2005), at 2208 Princess Anne Road to reduce the maximum number from 150
to 100 children allowed for child care.
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDA nON:
APPROVAL
5. Application of NEW JERUSALEM CHURCH for a Conditional Use Permit re a church
addition at 118 Erie Avenue to provide for appropriate family life activities, educational and
administrative space for the present congregation.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Vir-
ginia Beach will be held in the Council Chamber of the
City Hall Building, Municipal Center, Virginia Beach, Vir-
ginia, on Tuesday, August 8, 2006 at 6:00
p.m., at which time the following applications will be
heard:
DISTRICT 6 - BEACH ,
Robert M. Rousseau Application: Enlarf!ement of a
Nonconformine: Use at 403 16th Street (GPIN
24270696750000).
New Jerusalem Church Application: Conditional Use
Permit for a church addition at 118 Erie Avenue (GPINs
2417536173; 2417536197; 2417537230;
2417536203; 2417536237; 2417536370;
2417537338; 2417535389).
Ocean Bay Homes, L.L.C. Application: Variance to Sec-
tion 5B of the Site Plan Ordinance, Floodplain Regula-
tions at 314 A & B 29th Street (GPINs 2428010189;
-0271).
DISTRICT 2 - KEMPSVILLE
Janet Kottke Application: Modification of Conditions
for a Conditional Use Permit, approved by City Council
on February 12, 1990 and September 12, 1995, at
5009 Providence Road (GPIN 1466827779).
DISTRICT 7 - PRINCESS ANNE
St. Michael Lutheran Church Application: Modification
of Conditions for a Conditional Use Permit, approved by
City Council on October 12, 2004 and as modified on
August 9, 2005, at 2208 Princess Anne Road (GPIN
2404963184).
All interested citizens are invited to attend.
r?~4f/~
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning or online at
http://www.vbgov.com/deptjplanningjboards/pc/ .
For information call 385-4621.
If you are physically disabled or visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 3854303.
Hearing impaired, cali: TOD only at 385-4305. (TDD-
Telephonic Device for the Deaf).
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Conversion and Enlargement of a Nonconforming Use - Robert Rousseau,
403 16th Street (DISTRICT 6 - BEACH)
MEETING DATE: August 8, 2006
. Background:
Application of Robert M. Rousseau for a Conversion and Enlaraement of a
Nonconformina Use on property located at 403 16th Street (DISTIRCT 6 _
BEACH).
. Considerations:
The site is zoned A-12 Apartment District. The uses on the site are considered
nonconforming because a single-family dwelling and a duplex dwelling may not
both be located on the same parcel within the A-12 Apartment District. The
existing duplex dwelling was damaged by fire, and it is cost prohibitive to repair.
The applicant, therefore, requests approval to
1. Demolish the existing duplex dwelling and to construct a single-family
dwelling in its place.
2. Add a second story deck over an existing porch that is attached to the
single-family dwelling already located on the site.
The proposed demolition of the duplex dwelling and replacement with a single-
family dwelling is reasonable, will have a minimal impact, and should be as
appropriate to the district as the existing non-conforming use, particularly since
the result will be a reduction in density. The applicant proposes a structure and
site design that is in accordance with the Oceanfront Resort Area Design
Guidelines and consistent with the recommendations provided in the Old Beach
Design Guidelines.
. Recommendations:
Approval of the request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
exhibit site plan entitled "ROUSSEAU RESIDENCE, LOT - 3, BLOCK-
24, VIRGINIA BEACH, VA." prepared by WPL, and dated 6/8/06. Said
plan has been exhibited to the Virginia Beach City Council and is on file in
the Virginia Beach Planning Department.
ROBERT ROUSSEAU
Page 2 of 2
2. The proposed single-family dwelling shall be constructed substantially in
accordance with the submitted elevation, designated as
"houseplans.bhg.com/024d-0038". The applicant shall use high-quality
building materials such as hardi-plank siding, brick, and metal standing
seam roof system or architectural grade roofing shingles. Exterior trim
shall be wrapped with vinyl. Porch floors shall be composite materials or
concrete. The use of vinyl siding on the body of the building is strongly
discouraged. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Virginia Beach Planning Department.
3. The exterior color scheme for the existing and proposed single-family
dwellings shall be compatible.
4. The proposed second story deck over the exiting open porch attached to
the existing single-family dwelling shall be constructed of composite
materials.
. Attachments:
Staff Review
Disclosure Statement
Location Map
Resolution
Recommended Action: Staff recommends approval with conditions.
Submitting Department/Agency: Planning Departmeng
City Manager: ~'::. \2.. . "bt3~
ROBERT ROUSSEAU
Conversion and Enlargement of a
NonconformirJg Use
City Council Meeting
August 8, 2006
Staff Planner: Faith Christie
REQUEST:
Demolition of a duplex dwelling and replacement
with a single-family dwelling, and an addition to an
existing single-family dwelling.
ADDRESS I DESCRIPTION: Property located at 403 16th Street
GPIN:
24270696750000
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
7,500 square feet
SUMMARY OF REQUEST
The site is zoned A-12 Apartment District. The uses on the site are considered nonconforming because a
single-family dwelling and a duplex dwelling may not both be located on the same parcel within the A-12
Apartment District. The existing duplex dwelling was damaged by fire, and it is cost prohibitive to repair.
The applicant, therefore, requests approval to
1. Demolish the existing duplex dwelling and to construct a single-family dwelling in its place.
2. Add a second story deck over an existing porch that is attached to the single-family dwelling
already located on the site.
The submitted site plan depicts the existing duplex structure 2-feet from the side (eastern) property line,
5-feetfrom the rear (north) property line, and 14-feet from the side (western) property line. The proposed
single-family structure is depicted 7-feet from each side property line and 11-feet from the rear property
line. The submitted elevation drawing depicts a coastal beach cottage style of architecture with covered
parking on the ground floor and living areas above. The proposed structure is 2-Y:1 stories with open
porches, overhanging eaves, and a hipped metal seam roof. The parking area for the dwelling will be
paved with Eco-stone treatment. The applicant worked with staff to submit a plan that is consistent with
the Oceanfront Resort Area Design Guidelines, which note on page 9, section 3.5, "Single family and
duplex residential development are to be sited consistent with the recommendations provided in the Old
Beach Design Guidelines". The housing characteristics identified in the Old Beach Design Guidelines
recognize compatible housing size between 1,700 and 2,700 square feet in floor area, compatible open
ROBERT ROUSSEAU / NON-CONFORMING USE
Page 1
porch area of 160 square feet, compatible height of 2- Y:z stories, and the integration into the design of
dormers, wall projections, and architectural detailing.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling and a duplex dwelling.
SURROUNDING LAND
USE AND ZONING:
North:
South:
.
.
Business use I RT-3 Resort Tourist
16th Street
Across 16th Street are Single-family dwellings and a Bed and
Breakfast Inn I R5-S Residential
Single-family dwelling and garage apartment I A-12 Apartment
Single-family dwelling I A-12 Apartment
.
East:
West:
.
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with the site.
AICUZ:
The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
WATER and SEWER: This site is connected to City water and sewer.
The Comprehensive Plan Map designates this area of the city
as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational,
cultural, and other uses.
COMPREHENSIVE PLAN
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
The proposed demolition of the duplex dwelling and replacement with a single-family dwelling is
reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non-
conforming use, particularly since the result will be a reduction in density. The applicant proposes a
structure and site design that is in accordance with the Oceanfront Resort Area Design Guidelines and
consistent with the recommendations provided in the Old Beach Design Guidelines. Therefore staff
recommends approval of the request with the conditions listed below.
ROBERT ROUSSEAU / NON-CONFORMING USE
Page 2
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted exhibit site plan entitled
"ROUSSEAU RESIDENCE, LOT - 3, BLOCK - 24, VIRGINIA BEACH, VA." prepared by WPL, and
dated 6/8/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department.
2. The proposed single-family dwelling shall be constructed substantially in accordance with the
submitted elevation, designated AS "houseplans.bhg.com/024d-0038". The applicant shall use high-
quality building materials such as hardi-plank siding, brick, and metal standing seam roof system or
architectural grade roofing shingles. Exterior trim shall be wrapped with vinyl. Porch floors shall be
composite materials or concrete. The use of vinyl siding on the body of the building is strongly
discouraged. Said plan has been exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department.
3. The exterior color scheme for the existing and proposed single-family dwellings shall be compatible.
4. The proposed second story deck over the exiting open porch attached to the existing single-family
dwelling shall be constructed of composite materials.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
ROBERT ROUSSEAU / NON-CONFORMING USE
Page 3
AERIAL OF SITE LOCATION
ROBERT ROUSSEAU I NON-CONFORMING USE
Page 4
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ROBERT ROUSSEAU / NON-CONFORMING.l2JSE
Page 5
PROPOSED BUILDING
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ROBERT ROUSSEAU I NON-CONF0RMINGUSE
Pag~ 6
EXISTING FIRE DAMAGE
ROBERT ROUSSEAU I NON-CONFORMING t.:.JSE
Pag~ 7
There has been no zoning activity in this area in the recent past.
ZONING HISTORY
ROBERT ROUSSEAU / NON-CONFORMING USE
Page 8
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DISCLOSURE STATEMENT
ROBERT ROUSSEAU I NON-CONFORMING USE
Page 9
1
2
3
4
5
6
A RESOLUTION AUTHORIZING A CONVERSION AND
ENLARGEMENT OF A NONCONFORMING USE ON
PROPERTY LOCATED AT 403 16TH STREET, IN THE
BEACH DISTRICT
WHEREAS, Robert Rousseau,
(hereinafter the "Applicant"),
7 has made application to the City Council for authorization to
8 demolish a nonconforming duplex, replace it with a single-family
9 dwelling, and enlarge the other single-family dwelling situated
10 on a certain lot or parcel of land having the address of 403 16th
11 Street, in the A-12 Apartment Districti and
12 WHEREAS, the said single-family dwelling and duplex are not
13 permitted uses together on the same zoning lot in the A-12
14 Apartment Districti and
15
WHEREAS, pursuant to Section 105 of the City Zoning
16 Ordinance, the conversion and enlargement of a nonconforming use
17 are unlawful in the absence of a resolution of the City Council
18 authorizing such action upon a finding that the proposed use, as
19 changed, will be equally appropriate or more appropriate to the
20 zoning district than is the existing usei
21
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the City Council hereby finds that the proposed use,
24 a single-family dwelling and the enlargement of the other
25 single-family dwelling located on the lot will be equally
26 appropriate to the district as is the existing use.
1
27
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30
31
That
the
proposed
demolition
of
the
Applicant's
nonconforming duplex
and its replacement
wi th a
other
single-family
single-family
dwelling,
and the
enlargement of the
32 dwelling are hereby authorized with the following conditions:
33
1.
The
site
shall
be
developed
substantially
in
34 accordance with the submitted exhibit site plan entitled
35 ~ROUSSEAU RESIDENCE, LOT - 3, BLOCK - 24, VIRGINIA BEACH, VA."
36 prepared by WPL, and dated 6/8/06. Said plan has been exhibited
37 to the Virginia Beach City Council and is on file in the
38 Virginia Beach Planning Department.
39
40
2. The
proposed
substantially
single-family
dwelling
shall be
constructed
in accordance
with the
submitted
41 elevation, designated as "houseplans.bhg.com/024d-0038". The
42 applicant shall use high-quality building materials such as
43 hardi -plank siding., brick, and metal standing seam roof system
44 or architectural grade roofing shingles. Exterior trim shall be
45 wrapped with vinyl. Porch floors shall be composite materials or
46 concrete. The use of vinyl siding on the body of the building is
47 strongly discouraged. Said plan has been exhibited to the
48 Virginia Beach City Council and is on file in the Planning
49 Depart men t .
2
50
3 .
The exterior color scheme for the existing and
51 proposed
single-family
dwellings
shall
be
compatible.
52
4.
The proposed second story deck over the exiting open
53 porch attached to the existing single-family dwelling shall be
54 constructed of composite materials.
55
56
Adopted by the Council of the City of Virginia Beach on the
day of August, 2006.
57
CA-10091
OID\Ordres\nonconforming-rousseau.doc
R-3
July 28, 2006
APPROVED AS TO CONTENT:
AP~~OVED.. A.S TO LE. GAL .[. F1C7E Y:
/ I i 'j~ III ;1/ /.
L/l:. ..1j{(i~{ I 1_ . (1" =, "t -
City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ocean Bay Homes, L.L.C. - Subdivision Variance, 314 A and 314 B 29th
Street (DISTRICT 6 - BEACH)
MEETING DATE: August 8, 2006
. Background:
Application of Ocean Bay Homes, L.L.C. for a Variance to Section 5B of the Site
Plan Ordinance, Floodplain Regulations on property located at 314 A & B 29th
Street (GPINs 2428010189; -0271). DISTRICT 6 - BEACH
. Considerations:
The applicant is requesting a variance to the floodplain regulations of the Site
Plan Ordinance. The Virginia Uniform Statewide Building Code (USBC) requires
all construction located in a flood hazard area designated by the Federal
Emergency Management Agency (FEMA) to comply with specific regulations.
The most important requirement being that the finish floor elevation (FFE) of the
structure is at or above the base flood elevation (BFE), as determined by FEMA
maps.
The applicant submitted a site plan, approved by the Development Services
Center, for the building permit application. The site plan depicted the proposed
finish floor elevations of the proposed duplex, units A and B, to be at 8.05 feet
and 8.08 feet, respectively. The approved site plan met the City's requirement of
a finish floor of 1-foot above the base flood elevation (7.0 feet at this location). At
the completion of the construction process, the applicant discovered the
surveying company had set the temporary benchmark, which is used to set the
finish floor elevation, in error. This caused the structure to be at a finish floor of
7.78 feet (Unit A) and 7.81 feet (Unit B). This error results in units A and B being
below the 1-foot requirement by 0.27 foot (3.24 inches) and 0.24 foot (2.88
inches), respectively.
In accordance with recent editions of the Uniform Statewide Building Code
(USBC), the Building Official, and not the National Flood Insurance Program
(NFIP) administrator, is responsible to ensure compliance with all applicable
regulations relating to construction in a flood hazard area. Accordingly, the
Building Official notes the requirement for an elevation certificate when issuing a
permit, and holds final releases toward occupancy until the certificate is
submitted and approved. Adherence to these requirements is so critical, and
compliance routine, that a temporary occupancy is often granted, pending the
Ocean Bay Homes, L.L.C.
completion of the form. Accordingly, in this case, one side of the duplex was
granted temporary occupancy since, until the applicant discovered the error, it
was believed the structure was in compliance.
In order to be granted permanent occupancy, a floodplain variance is necessary.
The applicant, therefore, is requesting a variance to the floodplain requirements
of the Site Plan Ordinance.
As the structure does exceed the base flood elevation, FEMA will insure the
structure. If a variance is granted, the owners will have to pay higher premiums
than other owners in Virginia Beach with structures that do comply with the City's
floodplain regulations. The approval of this variance will not affect other property
owners in the City who adhere to the floodplain regulations and participate in the
insurance program.
The Planning Commission placed this item on the consent agenda because the
variance is not unreasonable, has no affect on other property owner's FEMA
insurance rates, and there were no objections.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
City Manager:U l.~~
OCEAN SAY
HOMES, LLC
Agenda Item 1 0
July 12, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Floodplain Variance to Section 5B of the Site Plan
Ordinance, subsection 5B.5.b Regulation of flood
fringes and approximated floodplain
ADDRESS I DESCRIPTION: Property located at 314 A and 314 B 29th Street.
GPIN:
24280101890000
24280102710000
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
7,500 square feet
SUMMARY OF REQUEST
The applicant is requesting a variance to the floodplain regulations of the, Site Plan Ordinance. The
Virginia Uniform Statewide Building Code (USBC) requires all construction located in a flood hazard area
designated by the Federal Emergency Management Agency (FEMA) to comply with specific regulations.
The most important requirement being that the finish floor elevation (FFE) of the structure is at or above
the base flood elevation (BFE), as determined by FEMA maps.
FEMA offers flood insurance to owners of property in and out of these designated flood hazard areas.
The National Flood Insurance Program (NFIP) determines the rates for this coverage based on measures
taken by participating localities to make structures more resistant to possible flood damage. Accordingly,
the City of Virginia Beach Site Plan Ordinance, Section 5B Floodplain Regulations requires the finish floor
elevation of structures constructed in a designated flood hazard area to be one foot (1 ') above the base
flood elevation in order to receive a reduced rate for properties within special flood zone areas.
Compliance with these requirements is verified by an elevation certificate, certified by a registered
engineer, and submitted prior to the issuance of the final certificate of occupancy. However, due to the
possibility of extenuating circumstances stemming from characteristics of a site, a variance process was
included with the adoption of the ordinance.
The applicant submitted a site plan, approved by the Development Services Center, for the building
permit application. The site plan depicted the proposed finish floor elevations of the proposed duplex,
units A and B, to be at 8.05 feet and 8.08 feet, respectively. The Department of Public Works, Office of
OCEAN BAY::HOMES,.~LC
Ag$nda Item to
RCl9~1
Coastal Engineering designated the site to be in a Special Flood Hazard Area, Zone AE, with a base
flood elevation of 7.0 feet, based upon the National Geodetic Vertical Datum (NGVD 1929). The approved
site plan met the City's requirement of a finish floor of 1-foot above the base flood elevation. At the
completion of the construction process, the applicant discovered the surveying company had set the
temporary benchmark, which is used to set the finish floor elevation, in error. This caused the structure to
be at a finish floor of 7.78 feet (Unit A) and 7.81 feet (Unit B). This error results in units A and B being
below the 1-foot reql!irement by 0.27 foot (3.24 inches) and 0.24 foot (2.88 inches), respectively.
In 1972, the National Geodetic Vertical Datum was adjusted to compensate for changes in the earth's
surface. This datum is slightly lower than the National Geodetic Vertical Datum of 1929, which is the
datum used by FEMA to reference flood plain elevations. The applicant contends if they are allowed to
use the 1972 datum, the base flood elevation would be 6.67 -feet. The as-built survey submitted by the
applicant depicts the finish floor of Unit A to be 7A5-feet and Unit B to be 7A8-feet. Therefore, even using
the 1972 adjusted National Geodetic Vertical Datum, the units are still below the 1 foot finish floor
requirement by 0.22-foot (2.64 inches) and 0.19-foot (2.28 inches), respectively.
Although the project does not comply with the City's Site Plan Ordinance with respect to floOdplain
regulations, it does comply with FEMA regulations, and the prospective homeowners would still be able to
obtain flood insurance through FEMA.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A recently constructed duplex dwelling.
SURROUNDING LAND
USE AND ZONING:
North:
. 29th Street
. Across 29th Street is a vacant hotel/Conditional RT -3 Resort
Tourist
. A hotel / RT-3 Resort Tourist
. Nonconforming hotel cottages / A-12 Apartment
. Duplex dwelling / A-12 Apartment
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with this site.
AICUZ:
The site is in an AICUZ of 65 t070 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
There is no impact upon City services. Should the request be approved, the property owners will have to pay
higher premiums to FEMA than other properties within the city that comply with the City's ordinance.
, '
OCEAN BA'l~HOMES,;~LC
A~endaUemtO
'R~9~g
COMPREHENSIVE PLAN
The Comprehensive Plan recognizes this area as being within the Resort Area, which is an area planned
for resort uses includ.ing lodging, retail, entertainment, recreational, cultural, and other uses
CRITERIA FOR A VARIANCE
Section 5B.8 of the Site Plan Ordinance states:
Notwithstanding any other provision of this ordinance, the city council may grant such variances
from the terms of this section as will not be contrary to the public interest in cases in which the
strict application of the provisions of this section would effectively prohibit or unreasonably restrict
the use of the subject property; provided, however, that no variance shall be granted unless the
city council finds that (1) such variance will not create or result in unacceptable or prohibited
increases in flood heights, additional threats to public safety, extraordinary public expense,
nuisances, fraud or victimization of the public; (2) the granting of such variance will not be
detrimental to other property in the vicinity; (3) the circumstances giving rise to the variance
application are not of a general or recurring nature; (4) such circumstances arise from the
physical character of the property or from the use or development of adjacent property and not
from the personal situation of the applicant; and (5) the granting of such variance will not be in
conflict with any ordinance or regulation of the city.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request for a variance to the Site Plan Ordinance, Section 5B Floodplain Regulations, which requires the
finish floor elevation of structures constructed in a designated flood hazard area to be one foot (1 ') above
the above the base flood elevation. The applicant's surveying company set, in error, the temporary
benchmark used to set the finish floor elevation. This caused the finish floor elevations of the structure to
be below the required 1-foot requirement. There are several options that could be explored instead of
approving a variance, but they would be time consuming and costly. The Uniform Statewide Building
Code (USBC) requires construction in compliance with applicable codes and regulations at the least
possible cost. The options at this point in time are to:
· Demolish the structure and rebuild;
· Raise the structure to the 1-foot above the base flood elevation;
· Add a wood sub-floor to create a higher finish floor elevation; however, the ceiling height would
have to be more than eight feet; or
· Apply for a variance.
OCEAN BA"'?HOMES,~LC
Agenda ltel1'l,.lO .
8gg~3
In accordance with recent editions of the Uniform Statewide Building Code (USBC), the Building Official,
and not the National Flood Insurance Program (NFIP) administrator, is responsible to ensure compliance
with all applicable regulations relating to construction in a flood hazard area. Accordingly, the Building
Official notes the requirement for an elevation certificate when issuing a permit, and holds final releases
toward occupancy until the certificate is submitted and approved. Adherence to these requirements is so
critical, and compliance routine, that a temporary occupancy is often granted, pending the completion of
the form. Accordingly, in this case, one side of the duplex was granted temporary occupancy.
As the structure does exceed the base flood elevation, FEMA will insure the structure. If a variance is
granted, the owners will have to pay higher premiums than other owners in Virginia Beach with structures
that do comply with the City's floodplain regulations. The approval of this variance will not affect other
property owners in the City who adhere to the floodplain regulations and participate in the insurance
program.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPT ED) concepts and strategies as they pertain to this site.
OCEAN BA"rr:I-f()MES,~U5
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AERIAL OF SITE LOCATION
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OCEAN BA't~HOMES, LLC
Agenda
Floodplain Variance
1. 1/21/80
2. 3/27/01
5/28/02
3. 4/23/96
4. 5/9/06
Street Closure
Conditional Use Permit (Commercial Parking Lot)
Conditional Use Permit Commercial Parkin Lot
Conditional Use Permit Housin for the Elderl
Rezoning (RT-3 Resort Tourist, A-12 Apartment and A-36
A artment to Conditional RT-3 Resort Tourist
A roved
Approved
A roved
A roved
Approved
ZONING HISTORY
OCEAN SA YHOMES, LLC
A~endaltern.l0
.' Page 8
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Item # 10
Ocean Bay Homes, L.L.c.
Variance to Section 5B of the Site Plan Ordinance
314 A & B 29th Street
District 6
July 12, 2006
CONSENT
Janice Anderson: The next application is item 10, which is Ocean Bay Homes, L.L.c.
It's an application for Variance to Site Plan Ordinance regarding Floodplain Regulations,
on property located at 314 A & B 29th Street, located in the Beach District. Mr. Bourdon.
Eddie Bourdon: Thank you Ms. Anderson. For the record, my name is Eddie Bourdon, a
Virginia Beach attorney. I actually represent WPL, which is the surveying company that
made the benchmark error that resulted in the 4-inch deficiency. We appreciate very
much being on the consent agenda.
Janice Anderson: Thank you. Is there any opposition to this application? Therefore, the
Chairman has asked Mr. Jay Bernas to review please.
=
Jay Bernas: I'll try to capture this in a nutshell. Basically, this is Floodplain Variance to
the Site Plan Ordinance, which requires new residential to be one foot above the base
flood elevation. In this case, the base elevation was seven feet. The approved site plan
had 8.05 feet; so, no problems there. But what happened is that during the construction
the surveyor used the wrong benchmark, and apparently, there is an error in the actual
finished-floor elevation. And based on that, they are about three inches shy of meeting
the one-foot requirement, which is why they are requesting the variance. They are still
able to obtain FEMA Flood Insurance, but it will just have to be at a higher rate. And,
given the other alternatives, as far as raising the floors, we felt that three inches is not too
much. We felt like this should be on the consent agenda and be approvable for a variance
to the Floodplain Ordinance.
Janice Anderson: Thank you Mr. Bernas. Mr. Chairman, I have a motion to approve the
consent agenda item 10.
Barry Knight: Thank you. There has been a motion made by Jan Anderson. Do I have a
second? We have a second by Kathy Katsias. Is there any discussion? We'll call for the
question for approval of the consent item.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Item #10
Ocean Bay Homes, L.L.c.
Page 2
HENLEY
KA TSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
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AYE
AYE
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AYE
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AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent.
=
- 32-
Item IV-J.l.
PUBliC HEARlNG
ITEM # 39759 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Bawn, Linwood O. Branch, ill, Robert K Dean, William Iv.
Harrison, Jr., Harold Heischober, Barbara M Henley, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vzce Mayor William D. Sessoms, Jr. and
Louisa M. Straylwrn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
September 12, 1995
- 31 -
Item IV -J.l.
PUBliC HEARING
ITEM # 39759
PLANNING
The following registered in SUPPORT of the application:
Jan Kottke, 2469 Haversham Court, Phone: 495-4525, Director - Bellamy Manor Preschool.
Lisa O'Donnell, 3036 Brian Bark Drive, Plwne: 671-6097
David P. Miller, 1408 Ashlawnham Arch, Plwne; 467-6191
The following registered in OPPOSITION:
Charles Gillikin, 5032 Providence Road, Phone: 495-0241,
Grant Tyson, 5012 Providence, Phone: 495-0294
Dorothy Gurganus, 1112 Rollingwood Arch, Phone: 495-0275
Merridee Schroeder, 5000 Providence Road, Phone: 474-0721,
Upon nwtion by Council lAdy Straylwm, seconded by Vice Mayor Sessoms, MODIFIED CONDITION
(NUMBER ONE) in the FebrlUU] 12, 1990, approved Application of ROBERT ond JANET KOTTKE
for a Conditional Use Permit for a private school at 5009 Providence Road (KEMPSVILLE BOROUGH):
ORDINANCE UPON APPLICATION OF ROBERT KOTTKE AND
JANET KOTTKE FOR A CONDITIONAL USE PERMIT FOR A
PRIVATE SCHOOL R02901282
Ordinance upon application of Robert and Janet Kottke for a Conditional
Use Permit for a private school on Lot IDA, Bellamy Manor. Said parcel
is located at 5009 Providence Road and contains 1.4 acres.
KEMPSVILLE BOROUGH.
Condition Number One was MODIFIED as follows:
1. Operation shall be Monday through Friday as follows:
175 students - 7:30 a.m. - 12:00 noon
140 students - 12:00 noon - 3:15p.m.
70 students - 3:15p.m. - 5:00 p.rn.
Evening meetings, not to exceed 30 families or staff
members, are permitted.
September 12, 1995
- 23 -
Item VI-F.2.c.
PUBLIC HEARING
PLANNING
ITEM # 32411 (Continued)
Councilman Moss expressed appreciation to all Kempsville residents, Council
Members Parker and Hen ley, John Herzke - Traf f i c Eng i neer and Robert Scott -
Director of Planning, and the appl icant who attended the February 7, 1990,
Meeting relative the appl ication. The report prepared by Traffic Engineering
Division of the Publ ic Works Department on February 7, 1990, concerning this
application shall be made a part of the record.
Voting: 10-1
Counci I Members Voting Aye:
Albert W. Balko, John A. BalJ'll, V,ice M:lyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and Wi II jam D. Sessoms, Jr.
Counc i 1 Members Voti ng Nay:
Reba S. McCI anan
Council Members Absent:
None
February 12, 1990
- 22-
Item VI-F.2.c.
PUBLIC HEARING
PLANNING
ITEM # 32411 (Continued)
5. Seventy-five (75) square feet of outdoor "play
space" per child in the outdoor area at anyone
time is required.
6. Playground equipment shall be located on the South
side of the property.
7. Adequate fencing with Category IV screening is
required, subject to the discretion of City Staff,
to protect the safety of the children.
8. No external signage. The sign shall be flat onto
the building and no signs on the street.
9. No lighting shall overcast onto the residential
neighborhood or the buffer area.
10. There shall be no external speakers or bells of any
kind.
11. Parking' shall be limited to twenty-six (26) parking
spaces.
12. No curbing for the parking lot shall be any closer
than twenty (20) feet to the property line.
13. There shall be no variances by the Applicant.
14. A reservation of 28 feet of right-of-way for
Frovidence Road to an ultimate width of 96 feet is
required.
15. The building shall be 5300 square feet, of brick
veneer construction with height not to exceed
twenty-four (24) feet with flexibility of the roof
line and where the roof extends over the windows.
A rendering shall be submitted by the Applicant to
become a part of the proceedings of February 12,
1990
16. The Applicant shall work with reSidential neighbors
and the City Staff to satisfy all concerns
expressed February 12, 1990, prior to the approval
of this application.
17. The Applicant shall submit enrollment records to
the Planning Department quarterly.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
of February, Nineteen Hundred and Ninety.
February 12, 1990
- 21 -
Item VI-F.2.c.
PUBLIC HEARING
PLANNING
ITEM # 32411
The following spoke in SUPPORT of the application:
Howard Tew, 2303 Sandollar Court, Phone: 496-0150, President of Tew
Construction, General Contractor and Construction Manager for the project,
represented the applicant. Three adjacent property owners endorsed the
project. There will be a lefthand turn lane off Providence Road onto
Churchill which will then allow traffic to proceed on Providence. Mrs. Kottke
has agreed to pay for said improvements. A different configuration of the
parking lot has been proposed to reduce the number of curb cuts from two to
one.
Jan Kottke, 5009 Providence Road, Director - Bellamy Manor Preschool.
The following spoke in OPPOSITION to the application:
Dorothy R. Gurganus, 1112 Rollingwood Arch, Phone: 495-0275
W. R. Skelley, Jr., 1121 Cresthaven Lane, Phone: 495-0246
Melvin Friedman, 1120 Cresthaven Lane, Phone: 495-0272
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of ROBERT KOTTKE and JANET KOTTKE for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT KOTTKE AND
JANET KOTI'KE FOR A CONDITIONAL USE PERMIT FOR A
PRIVATE SCHOOL R02901282
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH ,-VIRGINIA
Ordinance upon application of Robert and Janet
Kottke for a Conditional Use Permit for a private
school on Lot IDA, Bellamy Manor. Said parcel is
located at 5009 Providence Road and contains 1.4
acres. KEMPSVILLE BOROUGH.
The follOwing conditions shall be required:
1. Hours of operation shall be limited to .(Monday
through Friday):
175 Students
80 Students
40 Students
8:30 AM
12:00 Noon
3:15 PM
- 12:00 Noon
3:15 PM
5:30 PM
2. An automatic sprinkler system and automatic fire
alarm is required and shall meet approval of the
Fire Department and City Fire Protection Engineer,
and be in compliance with the Virginia State Code.
3. The applicant shall widen Providence Road with a
left turn lane onto Churchill Drive to include a
right deceleration lane into the property. Only one
curb-cut for entrance/exit shall be allowed onto
Providence Road. Exiting traffic shall be
restricted to right turn only.
4. Security fencing is
areas designated
activities. Drive
separated from play
to be provided in any outside
for the students' outside
aisles and parking are to be
areas by fencing.
February 12, 1990
anet Kottke
.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Janet Kottke - Modification of Conditions, 5009 Providence Road
(DISTRICT 2 - KEMPSVillE)
MEETING DATE: August 8, 2006
. Background:
Application of Janet Kottke for a Modification of Conditions for a Conditional Use
Permit approved by City Council on February 12, 1990 and September 12, 1995
on property located at 5009 Providence Road (GPIN 1466827779). DISTRICT 2
- KEMPSVillE.
. Considerations:
The Conditional Use Permit permitting a private school was approved by the City
Council on February 12,1990 with 17 conditions. Modification of the conditions
have been requested and approved by City Council on November 11, 1990,
September 12, 1995, and August 11, 1998.
The applicant is requesting a reconsideration of the condition restricting hours of
operation, currently 7:00 a.m. to 5:30 p.m. The applicant requests an additional
half-hour at the end of the day, resulting in operating hours of 7:00 a.m. to 6:00
p.m., Monday through Friday.
The requested change to the operating hours is not unreasonable considering
that most private schools, childcare education centers, and day care centers
have the same operating hours. The applicant provides a valued service to the
surrounding community, and the operation has proven to be compatible with the
surrounding area.
The Planning Commission placed this item on the consent agenda because the
request is reasonable, will not adversely affect the surrounding neighborhood,
and there were no objections.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
Janet Kottke
August 8, 2006
1. All conditions with the exception of Number 1 attached to the Conditional
Use Pennit granted by the City Council on February 12, 1990, and as
subsequently modified, remain in affect.
2. Condition Number 1 of the February 12,1990 Conditional Use Penn it is
deleted and replaced with the following:
Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 7:00 am - 12:00 Noon
b. 140 students -12:00 Noon - 3:15 pm
c. 70 students - 3: 15 - 6:00 pm
d. Evening meetings, not to exceed 30 families or staff members,
are pennitted.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DeparbnentlAgency: Planning Departmen
City Manage~lL, ~~
Staff Planner: Faith Christie
JANET KOTTKE
Agenda Item 8
July 12, 2006 Pu~lic Hearing
REQUEST:
Modification of Conditions for a Conditional Use
Permit approved by the City Council on
February 12, 1990 and as modified on
September 12, 1995 and August 11, 1998 for a
private school
ADDRESS I DESCRIPTION: Property located at 5009 Providence Road
GPIN:
14668277790000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
1 .489 acres
The Conditional Use Permit permitting a private school was
approved by the City Council on February 12, 1990. The
Conditional Use Permit has 17 conditions:
SUMMARY OF REQUEST
1. Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 8:30 am - 12:00 Noon
b. 80 students -12:00 Noon - 3:15 pm
c. 40 students - 3:15 - 5:30 pm
2. An automatic sprinkler system and automatic fire alarm is required and shall meet the approval of
the Fire Department and City Fire Protection Engineer, and be in compliance with the Virginia
State Code.
3. The applicant shall widen Providence Road with a left turn lane onto Churchill Drive to include a
right deceleration lane into the property. Only one curb cut for entrance / exit shall be allowed
onto Providence Road. Exiting traffic shall be restricted to right turn only.
4. Security fencing is to be provided in any outside areas designated for the students' outside
activities. Drive aisles and parking are to be separated from play areas by fencing.
5. Seventy-five (75) square feet of outdoor "play space" per child in the outdoor area at anyone time
is required.
6. Playground equipment shall be located on the south side of the property.
7. Adequate fencing with Category IV screening is required, subject to the discretion of City Staff, to
protect the safety of the children.
8. No external signage. The sign shall be flat onto the building and no sign on the street.
9. No lighting shall overcast onto the residential neighborhood or the buffer areas.
10. There shall be no external speakers or bells of any kind.
11. Parking shall be limited to twenty-six (26) parking spaces.
JANETKOTTKE.
. Agenda Item 8
, Page 1
12. No curbing for the parking lot shall be closer than twenty (20) feet to the property line.
13. There shall be no variances by the applicant.
14. A reservation of 28-feet of right-of-way for Providence Road to an ultimate width of 96-feet is
required.
15. The building shall be 5300 square feet, of brick veneer construction with height not to exceed
twenty-four (24) feet with flexibility of the roofline and where the roofline extends over the
windows. A rendering shall be submitted by the applicant to become part of the proceedings of
February 12, 1990.
16. The applicant shall work with residential neighbors and the City Staff to satisfy all concerns
expressed February 12, 1990, prior to the approval of the application.
17. The applicant shall submit enrollment records to the Planning Department quarterly.
The applicant requested and was approved for a reconsideration of Condition 1 on November 11, 1990.
The condition was modified to:
1. Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 7:30 am - 12:00 Noon
b. 80 students - 12:00 Noon - 3:15 pm
c. 40 students - 3:15 - 5:30 pm
The applicant requested and was approved for a reconsideration of Condition 1 on September 12, 1995.
The condition was modified to:
1. Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 7:30 am - 12:00 Noon
b. 140 students -12:00 Noon - 3:15 pm
c. 70 students - 3:15 - 5:30 pm
d. Evening meetings, not to exceed 30 families or staff members, are permitted.
The applicant requested and was approved for a reconsideration of Condition 1 on August 11, 1998. The
condition was modified to:
1. Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 7:00 am - 12:00 Noon
b. 140 students - 12:00 Noon - 3:15 pm
c. 70 students - 3: 15 - 5:30 pm
d. Evening meetings, not to exceed 30 families or staff members, are permitted.
The applicant is requesting a reconsideration of Condition 1 to permit operating hours of 7:00 am to 6:00
pm, Monday through Friday.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Private school, associated parking, and play areas.
SURROUNDING LAND North: .
USE AND ZONING: .
South: .
East: .
West: .
Providence Road
Across Providence Road are single-family dwellings / R-10
Residential
Single-family dwellings / R-10 Residential
Single-family dwellings / R-10 Residential
Single-family dwellings / R-10 Residential
. :" "":'", .,c...:...:.,....._'.......::..__...._. .:
JANET KOTIKE .
Agenda Item 8
PCige 2
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with the site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldnsurrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Providence Road is a two-lane minor urban arterial roadway. There will be no significant impact on
traffic operations based on the proposed modification to the conditional use permit.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Existing Land Use 2_
Providence Road 14,732 ADT 1 10,700 ADT 1 748 ADT
Proposed Land Use 3 -
No change
.
Average Dally Tnps
2 as defined by 175 day care students
3 as defined by no change in student population
WATER and SEWER: This site is connected to City water and sewer.
SCHOOLS: School population is not affected by the request.
The Comprehensive Plan designates this area as being within
the Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the
Primary Residential Area. Limited commercial or institutional activities providing desired goods or services
to residential neighborhoods may be considered acceptable uses on the edge of established
neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of
such activities.
COMPREHENSIVE PLAN
Staff recommends approval of this
request with conditions
recommended by staff. The recommended conditions are provided below.
EVALUATION AND RECOMMENDATION
._,_ .....:..:.._._,.n...._..._:'.,....
JA~ETKdTIKE
.' Agenda Item 8
~~. Page 3..
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
requested change to operating hours for an additional half-hour is not unreasonable considering that most
private schools, childcare education centers, and day care centers have the same operating hours. The
applicant provides a valued service to the area and the operation has proven to be compatible with the
surrounding uses.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on February 12, 1990, and as subsequently modified, remain in affect.
2. Condition Number 1 of the February 12, 1990 Conditional Use Permit is deleted and replaced with the
following:
Hours of operation shall be limited to (Monday through Friday):
a. 175 students - 7:00 am - 12:00 Noon
b. 140 students -12:00 Noon - 3:15 pm
c. 70 students - 3:15 - 6:00 pm
d. Evening meetings, not to exceed 30 families or staff members, are permitted.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
JANET KOTTKE
'".' .'. ,. . .,.,... ."
Agenda Item 8
M Page 4
AERIAL OF SITE LOCA"{'ION .
,_,~""p~~.,:':~,,~::;1,,~:~>~,vi~~'..~\ '~:: ""$
anet Kottke
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1. 2/12/90 Conditional Use Permit (Private School) Approved
11/13/90 Reconsideration of Conditions Approved
9/12/95 Reconsideration of Conditions Approved
8/11/98 Reconsideration of Conditions Approved
ZONING HISTORY
JANET KOTIKE
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Agenda Item 8
. Page 6 '.
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DISCLOSURE STATEMENT
JANET KOTTKE
Agenda ltem 8
. Page 7
Item #8
Janet Kottke
Modification of Conditions
5009 Providence Road
District 2
Kempsville
July 12, 2006
CONSENT
Janice Anderson: The next item is agenda item 8, Janet Kottke. This is for a
Modification of Conditions for a Conditional Use Permit that was approved back in 1990
and 1995 on property located at 5009 Providence Road, in the Kempsville District.
Please come forward. Yes ma' am. Please state your name.
Jackie Hayes: I'm Jackie Hayes.
Janice Anderson: Ms. Hayes, this application comes with two conditions. Have you
reviewed those? Are they acceptable?
Jackie Hayes: Yeah. Basically the conditions of 1 through 14 still stand right?
=-
Janice Anderson: Yes. It goes down to 100.
Jackie Hayes: These are the conditions that I have. I'm not sure. They say our license is
150 children; so, we could never have more than 150 children ever.
Janice Anderson: Right. But it goes down to 100 now as your max..
Jackie Hayes: When? During the day or the children?
Stephen White: Ms. Anderson, this is the one where the hours change.
Janice Anderson: Thank you. I'm getting a little confused there. I'm sorry.
Jackie Hayes: The hours are being open from 7:00 to 6:00 for the convenience of the
parents.
Janice Anderson: Those are acceptable to you?
Jackie Hayes: Yes.
Janice Anderson: Okay. Is there any opposition to this application? Okay. Thank you
Jackie Hayes: You're welcome.
Item #8
Janet Kottke
Page 2
Janice Anderson: Mr. Chairman, it is asked that Mr. Livas review this one also please.
Henry Livas: This is a request for a Modification of Conditions for a Conditional Use
Permit for a private school. The Conditional Use Permit was approved by City Council
on February 12, 1990, and subsequently modified two times. Condition 1 of the current
Conditional use Permit allows the school operation from 7:00 am until 5:30 pm, Monday
through Friday. The applicant is requesting a reconsideration of condition 1 to permit
operating hours of 7:00 am to 6:00 pm, Monday through Friday. The school population is
not affected by this request. Therefore, we recommend approval of the applicant's request
to add 30 minutes to the school's operating time.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the
consent agenda item 8.
Barry Knight: Thank you. There has been a motion made by Jan Anderson. Do I have a
second? We have a second by Kathy Katsias. Is there any discussion? We'll call for the
question for approval of the consent item.
AYE 10 NAY 0 ABSO
= ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY
STRANGE AYE
WALLER AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent.
- 54-
Item V-M.s.
PLANNING
ITEM # 53119 (Continued)
7. Condition Number 2 of the August 11, 1998, Modification of a
Conditional Use Permit is deleted and replaced with the
following:
The hours of operation shall be limited to Monday through Friday
6:30 A.M until 6:00 P.M.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th of October Two Thousand Four
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 12, 2004
- 53-
Item V-M.5.
PLANNING
ITEM # 53119
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED an
Application ofST. MICHAEL LUTHERAN CHURCH re a Conditional Use Permit for church expansion
(approved by City Council on August 13, 1996 and August 11, 1998) at 2208 Princess Anne Road
Ordinance upon Application of St. Michael Lutheran Church for a
Modification to a Conditional Use Permit for a church approved on
April 12, 1988, on property located at 2208 Princess Anne Road
(GPIN 24049528810000). The purpose of the modification is for an
expansion. DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All conditions attached to the Conditional Use Permit granted by
the City Council on April 25, 1988, remain in effect.
2. The site shall be developed in substantial conformance with the
submitted plan entitled "Preliminary Site Layout for St. Michael
Lutheran Church Building Addition Virginia Beach Virginia"
prepared by NDLL.L. C. Basgier and Associates Division, dated
June 14, 2004.
3. There shall be no encroachment into the scenic buffer along
Princess Anne Road, previously dedicated to the City of Virginia
Beach.
4. The architectural design elements and exterior building
materials shall be developed in substantial conformance with the
submitted plan entitled "Alterations and Additions to St. Michael
Lutheran Church Building 2208 Princess Anne Road Virginia
Beach, Virginia" prepared by Daugherty & Associates, dated
February 10, 2004.
5. The landscaping shall be developed in substantial conformance
with the submitted plan entitled "Landscape Plan of St.
Michael Lutheran Church Building Addition Virginia Beach
Virginia" prepared by NDI,L.L. C. Basgier and Associates
Division, dated February 20, 2004.
6. Condition Number 1 of the August 11, 1998. Modification of a
Conditional Use Permit is deleted and replaced with the
following:
A maximum of seventy (70) children may be cared for at this site.
October 12, 2004
- 32-
V-J.2.
PLANNING ITEM # 54278 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and Rosemary Wilson
August 9. 2005
- 31 -
V-J.2.
PLANNING
ITEM # 54278
Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council MODIFIED Condition
No. 6 re capacity limitations on a Conditional Use Permit application of ST. MICHAEL LUTHERAN
CHURCH (approved by City Council October 12,2004)
ORDINANCE UPON APPLICATIONOF ST. MICHAELLUTHERANCHURCH
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE
PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 12, 2004.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon Application of St. Michael Lutheran Churchfor a Modification
of Conditions for a Conditional Use Permit approved by City Council on
October 12, 2004. Property is located at 2208 Princess Anne Road (GPIN
24049528810000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. All conditions with the exception of Number 6 attached to the
Modification of Conditional Use Permit granted by the City
Council on October 12, 2004 remain in affect.
2. Condition Number 6 of the October 12, 2004, Modification of
Conditional Use Permit is deleted and replaced with the
following:
A maximum of 150 children in the range from two and one half
through twelve years may be cared for at this site.
3. Improvements for right turn lane are required within two years of
this Conditional Use Permit.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of August, Two Thousand Five
Modification to a Conditional Use Permit
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: St. Michael Lutheran Church - Modification of Conditions, 2208 Princess
Anne Road (DISTRICT 7 - PRINCESS ANNE)
MEETING DATE: August 8, 2006
. Background:
Application of St. Michael Lutheran Church for a Modification of Conditions for a
Conditional Use Permit approved by City Council on October 12, 2004, and as
modified on August 9, 2005. Property is located at 2208 Princess Anne Road
(GPIN 2404963184). DISTRICT 7 - PRINCESS ANNE
. Considerations:
The applicants are asking for a reduction in the number of children allowed for a
child care approved by City Council on October 12, 2004 and as modified on
August 9, 2005. The use permit allows up to 150 children, which the City's Traffic
Engineering Office has determined would require a right-turn lane to the site from
General Booth Boulevard. The church does not have sufficient frontage and
cannot provide a right turn lane. The turn-lane requirement can be eliminated if
the number of children is reduced to a maximum of 100. Thus, the church
requests modification of Condition 2 of the August 9, 2006 use permit, allowing a
reduction of the number of children to a maximum of 100.
The modification is reasonable and will not change the consistency of the original
use permit proposal with the Comprehensive Plan's recommendations for this
area. The use remains compatible with the adjacent residential neighborhood as
well as the business areas.
The Planning Commission placed this item on the consent agenda because the
modification is reasonable, the modification does not affect the degree of
compatibmty of the proposal with the surrounding neighborhoods and
businesses, and there were no objections.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
St. Michael Lutheran Church
Page 2 of 2
1. All conditions with the exception of Condition Number 2 and Condition
Number 3 attached to the Modification of Conditional Use Permit granted by
the City Council on August 9,2005 remain in affect.
2. Condition Number 2 of the August 9, 2005 Modification of Conditional Use
Permit is deleted and replaced with the following:
A maximum of 100 children in the range from two and one half through
twelve years may be cared for at this site.
3. Condition Number 3 of the August 9, 2005 Modification of Conditional Use
Permit, requiring a right-turn lane, is deleted.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departme'-
City Manager~ l.O(j~
ST. MICHAEL
LUTHERAN
CHURCH
Agenda Item 13
July 12, 2006 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of the Conditional Use Permit
approved by the City Council on October 12, 2004 for a church expansion and as modified on August 9,
2005.
ADDRESS I DESCRIPTION: Property is located at 2200 Princess Anne Road.
GPIN:
24049631840000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
123,658 square feet or 2.819 acres
SUMMARY OF REQUEST
A Modification to a Conditional Use Permit for a church expansion was approved by the City Council on
October 12, 2004. The conditions associated with this Modification to a Conditional Use Permit for a
church expansion are as follows:
1. All conditions attached to the Conditional Use Permit granted by the City Council on April 25, 1988
remain in affect.
2. The site shall be developed in substantial conformance with the submitted plan entitled "Preliminary
Site Layout for St. MiclJael Lutheran Church Building Addition Virginia Beach Virginia" prepared by
NDI, L.L.C. Basgier and Associates Division, dated June 14, 2004.
3. There shall be no encroachment into the scenic buffer along Princess Anne Road, previously
dedicated to the City of Virginia Beach.
4. The architectural design elements and exterior building materials shall be developed in substantial
conformance with the submitted plan entitled "Alterations and Additions to St. Michael Lutheran
Church Building 2208 Princess Anne Road Virginia Beach, Virginia" prepared by Daugherty &
Associates, dated February 10, 2004.
5. The landscaping shall be developed in substantial conformance with the submitted plan entitled
"Landscape Plan of St. Michael Lutheran Church Building Addition Virginia Beach, Virginia" prepared
by NDI, L.L.C. Basgier and Associates Division, dated February 20, 2004.
".,.J
ST. MICHAEL LUTHERAN CHURCH
Agenda.lt~13 .
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6. A maximum of seventy (70) children may be cared for at this site.
7. The hours of operation shall be limited to Monday through Friday 6:30 A.M. until 6:00 P.M.
City Council approved a request to modify the previous conditions on August 9, 2005. The following are
the modified conditions:
1. All conditions with the exception of Number 6 attached to the Modification of Conditional Use
Permit granted by the City Council on October 12, 2004 remain in affect.
2. Condition Number 6 of the October 12,2004 Modification of Conditional Use Permit is deleted
and replaced with the following: A maximum of 150 children in the range from two and one half
through twelve years may be cared for at this site.
3. Improvements for right turn lane are required within two years of this Conditional Use Permit.
The applicants are now asking to reduce the number of children in Condition 2 to 100 which would
eliminate the requirement for Condition 3 to provide for a right turn lane. The church does not have
sufficient frontage and can not provide a right turn lane.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church and preschool
SURROUNDING LAND
USE AND ZONING:
North:
South:
· Single-family / R-10 Residential District
· Across Princess Anne Road is a 7-11 and office / B-1 A and B-2
Community Business District
· Medical office building / 0 -1 Office District
· Single-family / R-10 Residential District
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
This site does not have any significant historical or cultural features.
AICUZ:
The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Princess Anne Road in the vicinity of this application is a four-lane divided minor suburban arterial,
which transitions to a two-lane undivided facility just south of this site.
ST. MICHAEL LUTHEBANGHURGH
A~~ndaU~13
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TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic
Princess 22,688 AOT I 28,200 AOT I (Level of Original CUP Land Use"
Anne Road Service "C") - 677 AOT
30,600 AOT 1 (Level of Modified Land Use 3
Service "0") - 449 AOT
Average Dally Tnps
2 based on 150 child day care
3 based on 100 child day care
This Modification of Conditions has no effect on Sunday traffic volumes. The reduction in maximum number of
children from 150 to 100 eliminates the requirement for a right turn lane on Princess Anne Road based on
volume of right turns being reduced beneath the threshold value for a right turn lane to be warranted.
WATER: This site has an existing 1-inch water meter that may continue to be used or may be upgraded.
SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #621 and the sanitary sewer
collection system is required to ensure future flows can be accommodated.
SCHOOLS: Not applicable - no comments
COMPREHENSIVE PLAN
The Comprehensive Plan designates this site as being within the Primary Residential Area. Religious and
educational services are considered supportive land uses to residential neighborhoods.
EVALUATION AND RECOMMENDATION
Staff's evaluation of this request reveals the modification of Condition 2 is reasonable and will not change
the consistency of the original use permit proposal with the Comprehensive Plan's recommendations for
this area. The use remains compatible with the adjacent residential neighborhood as well as the business
areas.
Staff recommends approval of this request with the conditions provided below.
CONDITIONS
1. All conditions with the exception of Condition Number 2 and Condition Number 3 attached to the
Modification of Conditional Use Permit granted by the City Council on August 9, 2005 remain in affect.
2. Condition Number 2 of the August 9,2005 Modification of Conditional Use Permit is deleted and
replaced with the following:
A maximum of 100 children in the range from two and one half through twelve years may be cared
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ST. MICHAEL LUTH~e~NCHU~CH
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for at this site.
3. Condition Number 3 of the August 9, 2005 Modification of Conditional Use Permit, requiring a right-
turn lane, is deleted.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
ST. MICHAEL LUTHEBANCHUBCH
Agenda . Item 13
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1"V1odification to a Cbnditional Use Permit
1 04/25/88 Conditional Use Permit for a church
08/13/96 Conditional Use Permit for a preschool
08/11/98 Modification of Conditions
10/12/04 Modification to a Conditional Use Permit
08/09/05 Modification to a Conditional Use Permit Granted
2 10/23/89 Conditional RezoninQ from R-3 to 0-1 Granted
3 03/26/90 Conditional RezoninQ from R-20 to B-1A Granted
4 11/24/98 Modification to a Conditional Use Permit Granted
5 OS/25/99 Conditional Rezoning from AG-1/AG-2 & R-
20 to A-18 Granted
6 OS/25/99 Conditional Rezoning from AG-1/AG-2 & R-
20 to 0-1 Granted
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APPLICANT DISCLO.SURE
If the applicant is a corporation, partnership, firm, business, or other
uninco lete the following:
1. List the the names of all officers, members,
trustees, fist if necessary)
LOSURE
rent from applicant.
(ffi, business. or other'
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ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, teal estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
1 "Parent relationship" means "a relationship that exists wl1enone
corporation dire QWns shares possessing more than 50 percent of the
votingpowerofanothert:ot'i?~ratif,>n." See State and Local Government Conflict of
Interests Act, Va.Code~2.2:.st01.
Z "Affiliated business entity relationship" means "a relationship, otl:1er than
parent-subsidiary relationship, tbatexists when (iJone business entity has a
controlling ownership interest in the other business entity, (ii) a controllingowl1erin
one entity isalse ac:ontrolling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that$hould be
considered indetetrrdl'l~ng'the existence of' an affiliatedbusiness~ityr~tati9n
include that orsubstantiaily the same person
entities; t commingled funds or assets; the
theuseofloyees or otherwise share a
personnel reisotherwise.a close workingrelati
between th a.teand Local Govemment Conflict of InterestS Act, Va.
Code ~2.2-31()1.
CERTIfiCATION: I certify that the infOO'l"lalion contained herein is true and
I understand 'that, upon receipt of notificatiql'l (postcar
schedl.itE!(i forpul:>tiyhearing, J am responsibJeforobtail1ing an
si at least 30 days prior to the sched
s in this package.
Print Name-
Modillcatlonof Conditioos Applieatian
page- 11 of 11
Re.,.ise<.l 911/2004
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ST. MICHAEL
ST. MICHAEL LUTHERAN CHURCH
OFFICERS
. President - Roger C. Whittaker
. Vice President - Vacant
. Secretary - Ann Walls
. Treasurer - Karen Moyer
TRUSTEES
. Kenneth Allen
. Jon Tamayo
. Roger C. Whittak~r
PASTOR
. John H. Himes
ASSOCIATE PASTOR
. Christopher Bowen
DISCLOSURE STATeM~~T
ST. MICHAEL LUTHEI3ANCHU~CH
Ag~nda It~rt3.
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Item #13
St. Michael Lutheran Church
Modification of Conditions
2200 Princess Anne Road
District 7
Princess Anne
July 12, 2006
CONSENT
Janice Anderson: The last item on the consent agenda is agenda item 13, St. Michael
Lutheran Church. This is an application for a Modification of Conditions on a
Conditional Use Permit that was approved by Council back in 2004, and then modified in
2005, on property located at 2200 Princess Anne Road, in the Princess Anne District.
Welcome sir.
Roger Whitaker: Thank you. I'm Roger Whitaker. I'm the Director of Church
Operations at St. Michael. We do understand the conditions and appreciate being on the
consent agenda today.
Janice Anderson: Thank you Mr. Whitaker. There are three conditions.
=
Roger Whitaker: Right.
Janice Anderson: Thank you. Is there any opposition to this application? Therefore, the
Chairman has asked Mr. AI Henley to please review.
Al Henley: Thank you. The application of St. Michael Lutheran Church is for a
Modification of Conditions for a Conditional Use Permit approved by City Council on
October 12, 2004, and as modified on August 9,2005. The property is located on 2208
Princess Anne Road, in the Princess Anne District. The staff recommends approval of
this application. The staff s evaluation for this request deals with the modification of
condition 2. The modification is reasonable and will not change the intent of the original
use permit. The use remains compatible with the adjacent residential neighborhood, as
well as the business area. Therefore, the Commission recommends approval of this
application.
Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the
consent agenda item 13.
Barry Knight: Thank you. There has been a motion made by J an Anderson. Do I have a
second? We have a second by Kathy Katsias. Is there any discussion? We'll call for the
question for approval of the consent item.
Ed Weeden: By a vote of 10-0, the Board has approved item 13 for consent.
Item # 13
St. Michael Lutheran Church
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
KATSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABSO
ABSENT 1
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
Barry Knight: Thank you Mr. Weeden. That concludes our deferrals and our consent
items on the agenda.
=
CUP for Church Addition
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: New Jerusalem Church - Conditional Use Permit (church addition), 118
Erie Avenue (DISTRICT 6 - BEACH)
MEETING DATE: August 8, 2006
. Background:
Application of New Jerusalem Church for a Conditional Use Permit for a church
addition on property located at 118 Erie Avenue (GPINs 2417536173;
2417536197;2417537230;2417536203;2417536237;2417536370;
2417537338; 2417535389). DISTRICT 6 - BEACH
. Considerations:
The applicant requests a Conditional Use Permit to allow for an addition to the
existing church. The submitted concept plan for the addition depicts a two to
three story building consisting of offices, Sunday School classrooms, a chapel,
and a multi-purpose room. The addition will be on the western side of the existing
building, adjacent to Erie Street. A single-family residential structure is currently
located on the site of the addition and will be demolished. The proposed building
will be situated 13.7 -feet from the front property line, which is consistent with the
setback of the existing church buildings. Normally, a variance to the front yard
setback would be required; however, Section 221 (i) of the City Zoning Ordinance
allows the City Council to approve a use permit with such deficiencies if it is
determined that the deficiencies are offset by the proposal or by attached
conditions that ensure the proposal is compatible to the surrounding area.
The applicant indicates the proposed addition is to provide for appropriate
accommodations of family life activities, and educational and administrative
space for the present congregation. The addition is not for the purpose of adding
additional seating capacity or to increase the density of the existing use.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area, and is compatible with the surrounding
neighborhood. The site is an AICUZ of Greater Than 75dB Ldn and an Accident
Potential Zone 2 surrounding NAS Oceana. While cultural activities such as
churches are not compatible within this AICUZ, the proposed addition does not
result in an increase in membership or 'occupancy load.' The AICUZ Overlay
Ordinance, therefore, does not apply to this proposal. The Navy notes that they
view this proposal as a nonconforming use in this AICUZ, and recommend the
New Jerusalem Church
Page 2 of 3
required noise attenuation be applied. The City Zoning Ordinance requires the
addition to meet this requirement.
The Planning Commission placed this item on the consent agenda because the
purpose is not to increase the membership but to provide accommodations for
family life activities, education and administrative space, the church provides a
valuable service to this community, and there were no objections.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The development of the site shall substantially conform to the submitted
"CONCEPT PLAN ADDITIONS TO NEW JERUSALEM CHURCH",
prepared by Gallup Surveyors and Engineers, L TD, and dated March 8,
2005. Said plan has been exhibited to the Virginia Beach City Council and
is on file in the Virginia Beach Planning Department.
2. The exterior of the building shall substantially conform to the submitted
elevation plan prepared by Verebely and Associates, Architects. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department
3. The applicant shall submit a proposed building materials list and list of
proposed building colors to the Virginia Beach Planning Department for
review and approval during the detailed site plan review process. The
applicant shall comply with sound attenuation requirements as specified in
the City Zoning Ordinance and the Virginia Uniform Statewide Building
Code.
4. The applicant shall submit a photometric plan for review and approval by
the Virginia Beach Planning Department / Current Planning Division. All
fixtures shall be of an appropriate height and design so as to prevent any
direct reflection or glare towards adjacent uses and City streets. Lighting
should be directed down at the ground and not horizontally or up in the air.
. 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: tr' L~
NEW JERSALEM
CHURCH
Agenda Item 12
July 12, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a church addition
ADDRESS I DESCRIPTION: Property located at 118 Erie Avenue
GPIN:
24175361730000;
24175361970000;
24175372300000;
24175362030000;
24175362370000;
24175363700000;
24175373380000;
24175353890000.
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
1.165 acres
The applicant requests a Conditional Use Permit to allow for
an addition to the existing church. The submitted concept plan
for the addition to the church depicts a two and three story building consisting of offices, Sunday School
classrooms, a chapel, and a multi-purpose room. The addition will be on the western side of the existing
building, adjacent to Erie Street. A single-family residential structure is currently located on the site of the
addition. The proposed addition does not require additional parking, as it is not increasing the size of the
existing sanctuary. The proposed building is situated 13.7-feet from the front property line, which is in line
with the existing church buildings. Normally, a variance to the front yard setback would be required;
however, Section 221 (i) of the City Zoning Ordinance allows the City Council to approve a use permit with
such deficiencies if it is determined that the deficiencies are offset by the proposal or by attached
conditions that ensure the proposal is compatible to the surrounding area.
SUMMARY OF REQUEST
The applicant indicates the proposed addition is to provide for appropriate accommodations of family life
activities, and educational and administrative space for the present congregation. The addition is not for
the purpose of adding additional seating capacity or to increase the density of the existing use.
., "
NEW JERUSAl:EMCHUBCH
Ag~nda Iter;l't.12
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LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The church and adminstrative offices occupy the site.
SURROUNDING LAND North: .
USE AND ZONING: South:
.
East: .
.
West: .
.
Single-family dwellings / R-7.5 Residential
The church and single-family dwellings / R-7.5 Residential
Hughes Avenues
Across Hughes Avenue are single-family dwellings / R-7.5
Residential
Erie Avenue
Across Erie Avenue are single-family dwellings / R-7.5
Residential
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources associated with the site. The Church has
been located within the neighborhood since 1973.
AICUZ:
The site is in an AICUZ of Greater than 75dB Ldn and an Accident
Potential Zone (APZ) 2 surrounding NAS Oceana. While cultural
activities such as churches are not compatible within this AICUZ, the
proposed addition does not result in an increase in membership or
'occupancy load.' The AICUZ Overlay Ordinance, therefore, does not
apply to this proposal.
The Navy has reviewed the request, and, while noting that the use is not
compatible to this AICUZ, finds it acceptable since the addition does not
result in an increase in the number of members in the congregation.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): The
existing church is in a residential neighborhood served by Birdneck Road to the west and Norfolk
Avenue to the north. The Master Transportation Plan designates this section of Birdneck Road to be
uoaraded to a four-lane divided facilitv. There is a CIP oroiect scheduled to start in December 2006.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
18,000 ADT ' 16,200 ADT' Existing Land Use 2 - 10
Birdneck Road ADT
(2004) (Level of service .E") Proposed Land Use 3 -
110 ADT
Average Dally Tnps
2 as defined by the existing residential house
3 as defined by the proposed addition
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WATER: This site must connect to City water. There are six-inch City water mains in Hughes Avenue and Erie
Avenue. The site has an existing water meter, which may be used or upgraded.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #119 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an eight-inch City gravity
sanitary sewer main in Erie Avenue and a 15-inch City gravity sanitary sewer main in Hughes Avenue.
SCHOOLS: School populations are not affected by the request.
The Comprehensive Plan recognizes this area as being within
the Resort Area, which is an area planned for resort uses including lodging, retail, entertainment,
recreational, cultural, and other uses. The church is located within an area that is predominantly
residential. The Comprehensive Plan also recognizes the primacy of preserving and protecting the overall
character, economic value and aesthetic quality of the stable neighborhoods in primarily residential areas.
Limited commercial or institutional activities providing desired goods or services to residential
neighborhoods might be considered acceptable uses provided effective measures are taken to ensure
compatibility and non-proliferation of such activities.
COMPREHENSIVE PLAN
Staff recommends approval of this
request with conditions
recommended by staff. The recommended conditions are provided below.
EVALUATION AND RECOMMENDATION
The proposal is in conformance with the Comprehensive Plan's recommendations for this area, and is
compatible with the surrounding neighborhood. The proposal also meets the AICUZ Overlay Ordinance,
as it is a nonconforming use (in regard to AICUZ) and the proposed addition is not increasing the intensity
of the use. The addition is intended to serve the existing members rather than provide for new members.
Section 1804 states "the City Council may approve the proposed use of the property at the least density
or intensity of development that is reasonable." The expansion to the church also eliminates an
incompatible use (the house) and prohibits development of the properties with residential uses.
Therefore, it is staff's conclusion that the proposal is the least intensive use of the property consistent with
the uses in the surrounding area. The church has been located within the neighborhood since 1973, and
provides a valuable community service.
CONDITIONS
1. The development of the site shall substantially conform to the submitted "CONCEPT PLAN
ADDITIONS TO NEW JERUSALEM CHURCH", prepared by Gallup Surveyors and Engineers, L TD,
and dated March 8, 2005. Said plan has been exhibited to the Virginia Beach City Council and is on
file in the Virginia Beach Planning Department.
NEW JERUSAL:.EMGHURCH
Agendalte~12
'8Clg~ 3
2. The exterior of the building shall substantially conform to the submitted elevation plan prepared by
Verebely and Associates, Architects. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Virginia Beach Planning Department
3. The applicant shall submit a proposed building materials list and list of proposed building colors to the
Virginia Beach Planning Department for review and approval during the detailed site plan review
process. The applicant shall comply with sound attenuation requirements as specified in the City
Zoning Ordinance and the Virginia Uniform Statewide Building Code.
4, The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning
Department / Current Planning Division. All fixtures shall be of an appropriate height and design so as
to prevent any direct reflection or glare towards adjacent uses and City streets. Lighting should be
directed down at the ground and not horizontally or up in the air.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
NEW JERUSA1:EMCHUBCH
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AERIAL OF SITE LOCATION
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ZONING HISTORY
1. 7/12/82 Conditional Use Permit (Sanctuary and Parking)
8/13/73 Conditional Use Permit Church
2 4/22/03 Conditional Use Permit (Church expansion and Storm
water mana ement facili
Approved
A roved
Approved
NEW JERUSALEMCHUaCH
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I DISCLOSURE STATEMENT
APPUCANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporatec
organization, complete the following,:
1. List the applicant name followed by the names of all officers, members, trustees
partners, etc. below: (Attach list if necessary)
New Jerusalem Church
Trustees: Barnett K. Thoroughgood
2. List all businesses that have a parent-subsidiary1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
I
DCheck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properly owner is different from applicant.
If the property ~er is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. Ust the property owner name followed by the names of all officers, members,
trustees, partners, ete. below: (Attach Ost if necessary)
I
2. Ust all businesses that have a parent~subsidiary1 or affiliated business entrty2
relationship with the applicant (Attach list if necessary)
I
DCheck here if the property owner is NOT a corporation, partnership, firm, busine
or other unincorporated organization.
1 & 2 See next page for footnotes
CondlllonallJse Permit Application
Page 9of10
Revised 9'112004
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NEW JERUSA~EM GHU~CH
Agenda lte!J}l12
. e~g~9
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have or will provide seNices with resped
to the requested property use, induding but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
services: (Attach list if necessary)
Gallup Surveyors &' Engineers, Lta.
Verebely & Associated, Architects
1 "Parent-subsidiary relationship. means "a relationship that exists when one
corporation directly or fodlrecdy owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Ad. Va. Code f 2.2-3101.
2 "Affiliated business entity relationship" means "8 relationship. other than
parent~subsidiary relationstip, that exists When (i) one business entity has a
controlling ownership interest in the other business entity, (il) a controlling Owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Fac;tors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the tNc
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share actiVities, f&SOurces or
personna! on a regular basis; or there is otherwise a dose working relationship
between the entities." See State and Local ,Govemment Conflict of Interests Act. Va;
Code S 2.2--3101. .
CERnRCA TION: I certify that the information contained herein is bueand accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing. I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
accon:fing to the instructions in this package.
I
Print Name
Condllional Use F\InnltAp~
PIge 100'10
"'_.1__"''''.....'''''''
NEW JERUSAl:::EMGHUijCH
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fI
DEPARTMENT OF THE NAVY
NAVAL AIR STATION QCt;I\NA
17&1 TOMCAT BOUL.EVARD
VIRGINIA BEACH, VIR.GINIA 23460-2168
IN REPLY REFER TO
5726
Ser 33/367
July 7, 2005
Ms. Faith Christie
City of virginia Beach
Departmenc of Planning
2405 Courthouse Drive
Building 2, Room 100
Virginia Beach, VA 23456-9040
Dear Ms. Christie:
Thank you for the opportuni cy to revie..... the Conditional Use
Permit application by the New Jerusalem Church for the
construction of a three story building-addition. This site is
located in the greater than 7S decibel (dB) day-night: average
(Ldn) noise zone and in Accident Potential Zone two (APZ-2).
The Navy's Air Installations Compatible Use Zones (AICUZ)
program, as well as the Virginia Beach City Code, consider
cultural activities such as churches not compatible with
airfield operations and should be prohibited in these zones.
We refer to the existing church on the property as a pre-
existing non-conforming land use. AS a pre-existing non-
conforming land use, any redevelopment should be of similar
design and at the same density. If the city determines that
Chis building addition be allowed and must go forward, we
strongly recommend a noise level reduction of at least 30 dB be
incorporated into the design and constr'u.ction. If youJ:'l..ave any
questions, please contact my Community Planning Liaison Officer,
Mr. Ray Firenze at (757) 433-3158.
Sincerely and very respectfully,
Copy to:
COMNAVREG !>l'..IDLANT (OO/N02B)
LANTDIV
Mayor Meyera Oberndorf
Virginia Beach City Council
Virginia Beach Planning Comrr,ission
AICUZ INFORMATION
, ,.,' - ':"~":.':: ".'..:.:',:.
NEW JERUSAtEMGHUBCH
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Barntlt Krul Thoroughgo<<!, D.D.
14S1.or
Ex.Ojfido
Pastorrd ElCectJti"l! Team
Jo/mH. CDslOn.JV
DeMjs Earl Cox
Rebert Bt!clcerr -
Imnald Wiggins
DeLawn!nct S/Jeph€rrJ
Adam 17wltrogooo
Sylvia Thcmrogccd
Jarriee V. Satu/er/in
Ccmn;t! Milum
.aft
~
Joh" 'Wilsmf
ClwirmrIR t>frkt! Exz:cntiw! Board
();ris O. Tlrorrrogood
Chaill1lo((l( of lhe Dulcon Brxml
Earnt!ST W. PI-r
VJc~CJrajrmtm Ilkaccm Board
UQ./f Frr~#'Qld
TTtllSIrn:r
De!.tJwrem:t ShePMrd
A.dminlsfTfuOI'
Lynt!trt! C(N)fHr
Ckrk
&/f1b)' /)(lJ'j'lRm
~m/ $t<:relfll')'
R~ WillilllllS
DefH1rtmr::nl OVf!!TUer
Parride Riddick
Muie lkpar1/m11(
S)vuja 1.. 11wurogood
Wqmen's DeJJQrtment
Cdrtelle C()()pCr
P""lt:m:J Ajfair.s
lAtJlrice PierTe'
Missions lkpal'fJMnf
Ra).TIfOM C. Stitlt
Marshall DqIoTl11rem
Sharon Mcltllimr
Stx:b11 Affairs
SQltfUe{ GibsOll
Ed/fCtlf;Q.n [)epa,.,,1II:Il1
COMic MJ1tO/l
Swwlo}' Sdlool
[)cLawrelfa Shep~m
71millt Clerk
The New Jerusalem .k
Church of God in Christ .
118 Erie Avenue . Virginia Beach. Virginia 23451
Telephone (757) 425.8431 Fax aS7) 42&-3548
Thursday, June 15. 2006
Ms. Karen Lasley
City Qf Virginia Beach Department of Planning
2405 Courthouse Drive, Operations .Building #2 Room 115
Virginia Beach. VA 23456
Dear Ms. Lasley,
I have drafted lbis communique to ,'crify the reason for the multi-
purpose addition to the New Jerusalem Church. The Multi-purpose facility
addition which New Jerusalem O1urchintends to construct is not for the
purpose of additional seating capacity, but to provide adequate and
appropriate accommodations of family-life activities, educational, and
administrative space for our present congregation.
We thank you for YOW' continued cooperation and working relmionsbip
with New Jerusalem Cburch. If we can be of further assistance. please
contact our office at the telephone number listed above.
S.incereJy,
)t~d /Jt;v~
E~ Will~~ elder
Office Manager
~od,b~
Senior PastQr I Founder
"
AICUZ INFORMATION
NEW JERUS~I:EMCHU~CH
Agenda Iterm 12
Pgg~'J2
Item #12
New Jerusalem Church
Conditional Use Permit
118 Erie Avenue
District 6
Beach
July 12, 2006
CONSENT
Janice Anderson: The next application is agenda item 12. That's the application of New
Jerusalem Church. This is for a Conditional Use Permit for a church addition on property
located at 118 Erie Avenue, located in the Beach District. Bishop Thoroughgood.
Bishop Thoroughgood: Thank you. We agree with the conditions that have been offered,
and we appreciate you placing us on the consent agenda.
Janice Anderson: Thank you Bishop. There are four.
Bishop Thoroughgood: Thank you.
=
Janice Anderson: Is there any opposition to this application? The Chairman has asked
John Waller to please review.
John Waller: The applicant requests a Conditional Use Permit to allow for an addition to
the existing church that was built back in 1973. The proposed addition does not require
additional parking. It is not increasing the size of his existing sanctuary. The proposed
addition is to provide for appropriate accommodations for family life activities and
education and administrative space for the present congregation. The addition does not
add any other additional seating. The addition is in conformance with the Comprehensive
Plan for this area. It also meets the AICUZ Overlay Ordinance. Therefore, we
recommend approval of this application.
Janice Anderson: Thank you Mr. Waller. Mr. Chairman, I have a motion to approve the
consent agenda item 12.
Barry Knight: Thank you. There has been a motion made by Jan Anderson. Do I have a
second? We have a second by Kathy Katsias. Is there any discussion? We'll call for the
question for approval of the consent item.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Item #12
New Jerusalem Church
Page 2
HENLEY
KA TSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 12 for consent.
===-
L. APPOINTMENTS
BEACHES AND W A TERW A YS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
BUILDING CODE OF APPEALS - New Construction
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
COMMUNITY SERVICES BOARD
DEVELOPMENT AUTHORITY
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
PARKS AND RECREATION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE (COG)
SOCIAL SERVICES BOARD
SPORTS AUTHORITY OF HAMPTON ROADS
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT