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DECEMBER 5, 2006 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MA YOR LOUIS R. JONES. Bayside - District 4 WIWAM R. DeSTEPH. At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER.. CentervilJe - District J BARBARA M HENLEY. Princess Anne - 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 1. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUIWING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E- MAlL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE1. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 5 DECEMBER 2006 I. CITY ATTORNEY'S BRIEFINGS - Conference Room - 1:00 PM A. ADAMS OUTDOOR SELECTIVE PRUNING PERMIT William Macali, Deputy City Attorney B. 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS AND NIGHTCLUBS Leslie L. Lilley, City Attorney II. CITY MANAGER'S BRIEFINGS A. BUDGET EXECUTION REPORTS Thomas Leahy, Director of Public Utilities Terry Jenkins, Director of Human Services Jack Whitney, Director of Agriculture . B. USE OF YEAR-END FUND BALANCE David L. Hansen, Chief of Finance and Technology Catheryn Whitesell, Director of Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Bishop Rudolph Lewis Pastor, New Light 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 November 28, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS I. INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land Preservation (ARP) Easements: a. 1576 Princess Anne Road b. 3164 Head of River Road 2. LEASE OF CITY PROPERTY a. Smith & Smith Venture, LLC at 4100 Virginia Beach Boulevard I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation concerning workforce housing. 2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach Boulevard; and, APPROPRIATE $9,000 to the Department of the Libraries FY 2006-2007 Operating Budget re acquisition of books and materials. 3. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15,2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk 4. Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land Preservation (ARP) Easements and issue contract obligations: a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber at1576 Princess Anne Road b. $179,701 for property of Craig L. and Bonnie P. Talley 3164 Head of River Road 5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a portion of City Property known as Lake Bradford and the lOO-foot border of land owned by the City around Lake Bradford re pier and timber bulkhead maintenance. 6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau from Progressive Insurance Company. 7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re Hurricane Emesto deployment. K. PLANNING 1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of Conditional Use Permit re a church expansion and the location of their parsonage at 5424 Parliament Drive (approved by City Council on July 2,2002). DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit re replacement of the existing buildings with a new Secondary Alternative Education Academy Complex at 233 North Witchduck Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re use of an existing building as a church at 980 Broad Meadows Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit for a church at 4881 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of ROBERTA MADDOX for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp) at 519 Delaware Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 6. Application ofPAYKAN, INC. for a Conditional Use Permit re existing motor vehicle sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by City Council February 27,2000) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a wireless communications monopole tower and antennas to accommodate three (3) wireless carriers) at 136 South Lynnhaven Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007 ********* If you are physicaIJy 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 Il/2712006mb www.vbgov.com I. CITY ATTORNEY'S BRIEFINGS - Conference Room - 1 :00 PM A. ADAMS OUTDOOR SELECTIVE PRUNING PERMIT William Macali, Deputy City Attorney B. 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS AND NIGHTCLUBS Leslie L. Lilley, City Attorney II. CITY MANAGER'S BRIEFINGS A. BUDGET EXECUTION REPORTS Thomas Leahy, Director of Public Utilities Terry Jenkins, Director ofHwuan Services Jack Whitney, Director of Agriculture B. USE OF YEAR-END FUND BALANCE David L. Hansen, Chief of Finance and Technology Catheryn Whitesell, Director of Management Services III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. REVIEW OF AGENDA VI. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Bishop Rudolph Lewis Pastor, New Light 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 November 28, 2006 G. AGENDA FOR FORMAL SESSION iRtsnlutintt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land Preservation (ARP) Easements: a. 1576 Princess Anne Road b. 3164 Head of River Road 2. LEASE OF CITY PROPERTY Smith & Smith Venture, LLC at 4100 Virginia Beach Boulevard . NOTICE OF PUBLIC HEARING ;\. ON THE EXECUTION AND DELIVERY OF INSTAllMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of Installment Purchase Agreements for the acquisi- tion of agricultural land preservation easements with respect to land located on 3164 Head of River Road and also 1576 Princess Anne Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern por- tion of the City designated to (a) promote and encourage the preservation of farmland, (b) pre- serve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agree- ments for an estimated maximum purchase price of $1,265,995. The City's obligation to pay the pur- chase price under the Installment Purchase Agree- ments is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be contin- ued or adjourned, will be held by the City Council on December 5, 2006, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any citizen interested in this mat- ter may appear and be heard. .' CITY OF VIRGINIA BEACH, VIRGINIA f2d~~ Ruth Hodges Smith, MMC City Clerk < . PUBLIC NOTICE' LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on Tuesday, December 5, 2006, in the City Council Chamber, second floor, City Hall (Building #1), 2401 Courthouse Drive, regard- ing the proposed lease of City-owned property located at 4100 Virginia Beach Boulevard to Smith & Smith Ven- ture, LLC. The lease authorizes Smith & Smith Ven- ture, LLC to operate a coffee shop at the Central Library. . The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the lease agreement is on file in the City Clerk's · office. CITY OF VIRGINIA BEACH, VIRGINIA !/2-r~_/~ Ruth Hodges Smith, MMC City Clerk VP Nov. 26 , 2006 16191660 I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation concerning workforce housing. 2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach Boulevard; and, APPROPRIATE $9,000 to the Department ofthe Libraries FY 2006-2007 Operating Budget re acquisition of books and materials. 3. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old Virginia Carriage Co., LLC, from November 15,2006 to April 15, 2007, re: a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b. Horse-drawn carriage rides on the Boardwalk 4. Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land Preservation (ARP) Easements and issue contract obligations: a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber at1576 Princess Anne Road b. $179,701 for property of Craig L. and Bonnie P. Talley 3164 Head of River Road 5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a portion of City Property known as Lake Bradford and the 100- foot border of land owned by the City around Lake Bradford re pier and timber bulkhead maintenance. 6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau from Progressive Insurance Company. 7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re Hurricane Emesto deployment. r ~~ ~~~~% (sl '.. h) ~~i,.,.,..... . ~~~ ('.-- I:<~ '~'lo ".,./:~ ~~~._~":" ~-:;r ""'" \... CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: A Resolution Amending the 2007 Community Legislative Agenda Pertaining to Proposed Legislation Regarding Workforce Housing MEETING DATE: December 5,2006 BACKGROUND: Included in the City's 2006 Community Legislative Agenda was a request to amend Virginia Code Section 15.2-2304 to allow the City a great deal of latitude in the development of a workforce housing program. Upon discussing this proposal at the state level, it was learned that our proposal would not have the support key housing industry stakeholders and therefore would be unlikely to pass. However, the stakeholders did indicate that they would support a more narrowly constructed change under a different section of the Virginia Code (~15.2-2305). At the City Council's direction, the Workforce Housing Committee of the Planning Commission has been working to develop a comprehensive workforce housing program for the City Council's consideration. The program that the Committee plans to bring forward includes an option for residential developments to obtain increased density in exchange for the provision of workforce housing as part of the development. In order to fully accomplish that objective, the enabling authority contained in Virginia Code Section 15.2-2305 needs to be expanded. The particular legislative requests are detailed in the attached ordinance. Considerations: Although City Council has not yet had the opportunity to determine whether to implement a workforce housing program, the General Assembly's pre-filing deadlines for proposed legislation require that the City Council act on the proposed resolution at its December 5th meeting in order to ensure that the proposed legislation would be timely submitted for consideration at the 2007 General Assembly session. If the legislation is enacted, it would take effect on July 1, 2007. Public Information: Key stakeholders interested in this issue are aware that this proposed change is needed and are supportive of it. The normal Council agenda process is considered sufficient to provide additional public information. Alternatives: Without authorization to pursue this change in the Virginia Code, it could restrict Council's ability to adopt the program that will be recommended by the Workforce Housing committee. Recommendation: It is recommended that the amendment be adopted as presented. Attachments: Ordinance Recommended Action: Adoption of the Ordinance as Submitted Agency: Housing and Neighborhood Preservation 1 2 3 4 5 6 7 A RESOLUTION AMENDING THE 2007 COMMUNITY LEGISLATIVE AGENDA PERTAINING TO PROPOSED LEGISLATION CONCERNING WORKFORCE HOUSING WHEREAS, on September 12, 2006, the City Council adopted 8 its 2007 Community Legislative Agenda and requested that members 9 of the City's local Delegation to the General Assembly sponsor 10 and/or support legislation therein; and 11 WHEREAS, as Item 9 of the Community Legislative Agenda, the 12 City Council requested that the General Assembly amend Section 13 15.2-2204 of the Virginia Code, catchlined "Affordable dwelling 14 uni t ordinances in certain localities," so as to add Virginia 15 Beach to the localities included within the statute; and 16 WHEREAS, it has become apparent that, because key housing 17 industry stakeholders have indicated that they would not support 18 such legislation, but would support a narrower, more focused set 19 of Virginia Code amendments, it is unlikely that Item 9 of the 20 City's Community Legislative Agenda would be enacted by the 21 General Assembly; and 22 WHEREAS, the City would benefit from the enactment of new 23 legislation that would allow the City Council a higher degree of 24 flexibility in implementing any workforce housing program it may 25 wish to adopt; and 26 WHEREAS, the Planning Commission's Workforce Housing 27 Commi ttee has asked that the City Council request the General 28 Assembly to amend Section 15.2-2205 of the Virginia Code, 29 catchlined "Affordable dwelling unit ordinances," so as to 30 include the provisions set forth hereinbelow; 31 NOW THEREFORE, BE IT RESOLVED BY.THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the City Council hereby amends its 2006 Community 34 Legislative Agenda by the deletion of Item #9 therein and the 35 substitution of proposed amendments to Section 15.2-2305 of the 36 Virginia Code that would, in addition to the existing provisions 37 of such section, authorize the City to adopt amendments to the 38 City Zoning Ordinance so as to allow, but not require: 39 40 41 42 43 44 45 46 47 48 49 50 1. An increase of up to thirty (30) percent in the total number of dwelling units that may be developed on each site subject to the ordinance and requiring that, as a condition of such density increase, a minimum of seventeen (17) percent of the total number of units be affordable dwelling units; 2. Residential buildings of four (4) or more stories with elevators to be eligible for the aforesaid density bonus; and 3. Residential developments of fewer than fifty (50) dwelling units to be eligible for the aforesaid density bonus. 51 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 That the City Clerk is hereby directed to transmit a copy 54 of this Resolution to each member of the City's Delegation to 55 the General Assembly. 56 57 Adopted by the City Council of the City of Virginia Beach, 58 Virginia, this day of , 2006. 59 APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~)U~ N HwJ City Attorney's Office CA-10222 Land Use\ordres\workforce housing leg pkg ordin.doc November 30, 2006 R-2 ~~~" '6:-;?I~~~h~ ff~'-"~ . ._"....~~) }8f ' .. ~~~ \\~~::~{!/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years with Smith & Smith Venture, LLC for Operation of a Coffee Shop at the Central Library and Appropriate $9,000 for the Acquisition of Books and Materials MEETING DATE: December 5, 2006 . Background: Since the early 1990s, local coffee cafes and national coffee shop chains have become "the place" throughout the world where people can gather to conduct business, socialize, discuss issues important to them and access the Internet for a wide variety of learning experiences over a cup of their favorite coffee beverage. During the past five years, these coffee shops/cafes have moved into top book stores such as Borders and Barnes & Noble, and this trend has increasingly linked books with coffee. The Central Library's meeting room complex, with an art gallery, an auditorium that holds 247 people, and two meeting rooms that hold 75 people each, is regularly filled. On average 1,300 customers visit the Central Library each day. Library surveys indicate that many of our . customers would like to have an on-premises coffee shop as an added convenience. The CIP renovation plans for the Central Library included funding to retrofit an area of the Central Library lobby to accommodate a small coffee shop/cafe. The retrofit has been completed, and the shop is ready for occupancy. An RFP was prepared and competitively bid through established purchasing procedures to identify qualified vendors to operate this coffee shop. A vendor was selected and the Department of Libraries has negotiated a lease which requires City Council approval. Under this lease, the coffee shop will provide coffee service and sandwiches and pastries prepared offsite to customers using the library and meeting room complex. . Considerations: This lease will generate new revenue to the City based on a percentage of gross receipts, capped at $1,500 per month or $18,000 for the first year. The cap escalates 3% each year. It is recommended that this revenue be appropriated to the Library Department for books and materials. This revenue will assist in bridging the gap between the 2% increase in funding historically built into the operating budget and the inflation rate on books and materials which historically averages 3%. Marketing this service under the banner of "buy a cup of coffee.. .help buy a book" will provide an additional incentive for customers to purchase the products and help achieve the maximum rental rate under the lease. . Public Information: A public hearing is required and has been advertised. . Recommendations: It is recommended that the City Council approve the Ordinance authorizing the City Manager to execute the lease and appropriating $9,000 to the Library Department in anticipated revenue. Recommended Action: Approval of Ordinance ~/l. J, Submitting Department/Agency: Virginia Beach Department of Public Libraries ..' 19 City Manager: ~ l. ~ f 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR FIVE YEARS WITH SMITH & SMITH VENTURE, LLC. FOR OPERATION OF A COFFEE SHOP AT THE CENTRAL LIBRARY AND APPROPRIATE $9,000 FOR THE ACQUISITION OF BOOKS AND MATERIALS \ WHEREAS, the City of Virginia Beach (the "City") would like 10 to enter into a formal lease arrangement with Smith & Smith 11 Venture, LLC ("Tenant") for the purposes of establishing a 12 coffee shop (the "Facility") inside the Central Library; and 13 WHEREAS, Tenant agrees to pay the City 10% of gross monthly 14 sales in the first year for rent. Thereafter, the rent will 15 escalate 3% annually throughout the term of the lease and any 16 renewal thereof. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That the attached lease for the term of five years 20 between Tenant and the City regarding a coffee shop at the 21 Central Library is hereby approved; and 22 2. That the City Manager is hereby authorized and 23 directed to execute the lease on behalf of the City of Virginia 24 Beach; and 25 3. That $9,000 in estimated revenue from the operation of 26 a coffee shop in the Central Library is hereby appropriated to 27 the Department of Libraries FY 2006-07 Operating Budget for the 28 acquisition books and materials; and 29 4. That $9,000 from local revenue sources is increased 30 accordingly. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services i K.."rY ~,"'"'- City Attorney's Office -BGMd Q ~ CA10215 V:\applications\citylawprod\cycom32\Wpdocs\D014\P001\OO023445.DOC R-3 November 20, 2006 SUMMARY OF TERMS LEASE FOR THE USE OF 593 SQUARE FEET IN FLOOR AREA LOCATED WITHIN THE VIRGINIA BEACH CENTRAL LffiRARY, 4100 VIRGINIA BEACH BL YD., VIRGINIA BEACH, IN ORDER TO OPERATE A COFFEE SHOP ENTITLED "DAILY GRIND @ BOOKMARK CAFE" LESSOR: City of Virginia Beach LESSEE: Smith & Smith Venture, LLC, a Virginia limited liability company. PREMISES: 593 square feet in floor area located within the Virginia Beach Central Library, 4100 Virginia Beach Blvd., Virginia Beach, Virginia. TERM: January 1, 2007 through December 31,2011. RENT: 10% of the gross sales with a maximum of $1,500 monthly for the first year. Cap on maximum rent shall escalate 3% annually during the initial term as well as option renewal period, if any. HOURS OF OPERATION: . Coffee shop shall provide service to Central Library meeting room customers and staff between 8:00 a.m. and 10:00 a.m. Monday through Saturday. Shall be open for business to general public between 10:00 a.m. and 8:30 p.m. Monday through Thursday; between 10:00 a.m. and 4:30 p.m. on Fridays and Saturdays; and between 1:00 p.m. and 4:30 p.m. on Sundays during the months of September through May. Additional hours, specifically 5:00 p.m.-9:30 p.m. on Friday, Saturday or Sunday evenings, if needed. Central Librarian to be given 2 week notice if shop is to be closed for repairs during normal operating hours. . . . RIGHTS AND RESPONSffiILITIES OF SMITH & SMITH: · Will use the Premises for coffee shop and for no other purpose. · Will not make or cause or allow to be made, any alterations, additions or improvements to the premises without the prior written consent of Central Librarian or City's Facilities Management Office. · Will maintain comprehensive general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Lessee shall provide a certificate evidencing the existence of such insurance. · Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSffiILITIES OF THE CITY: · Will have access to the premises at any time, without prior notice, in the event of an emergency. V :lapplications\citylawprod\cycom32\ Wpdocs\D020\POO I \0002369 3. DOC - 30- Item v.J.1.c. ORDINANCES/RESOLUT/ONS ITEM # 54956 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED*: Ordinance to AMEND the City Code: c. Section 6-12 re riding horses or driving vehicles on the City s beach or dunes *Section c, lines 23 thru 27: "The orovisions of this section shall not apply to conduct in the resort area that is exolicitlv authorized bv a Special Events permit issued oursuant to City Code Section 6-12. Unless otherwise extended bv City Council. this subsection shall sunset effective February 28. 2007. " Voting: 9-1 (By Consent) Council Members Voting Aye: Harry E. Diezel. Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Obemdorf, Jim Reeve, Peter w:. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan CDuncil Members Absent: Robert M Dyer February 28,2006 -26 - Item VoX.I. ORDINANCES/RESOLUTION ITEM #55556 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND S6-12 of the City Code re riding horses or driving vehicles on the City's beach or dunes. Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood \ Council Members Voting Nay: Reba S. McClanan Council Members Absent: None September 5, 2006 - 37- Item V.I.8.a/b. RESOLUTIONS/ORDINANCES ITEM #55773 Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and JamesL. Wood Council Members Voting Nay: Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Obemdorf* Council Members Absent: William R. "Bill" DeSteph *Verbal Nay November 7, 2006 - 36- Item v'L8.a/b. RESOLUTIONS/ORDINANCES ITEM #55773 The following registered in SUPPORT: Nancy Lindsay, General Manager - Old Virginia Carriage Company, advised Dr. Fred Sweeney oversees her horses on a regular basis. Because of her excellent horse management skills, Ms. Lindsay was hired as General Manager. These horses are very well cared for and love to work. Old Virginia Carriage Company is a Limited Liability company located on 7th Street. Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised City Council approved a Pilot program re horse rides on the Oceanfront from March 28 through May 7, 2006. This ordinance was amended to allow horses during the winter months only. The horse rides commence at 11:00 A.M. to sunset. The Carriage ridesl commence at 5:00 P.M to 11 :00 P.M (only 3 days per week November First to April Fifteenth) Mayor Oberndorf referenced the November 7, 2006, correspondence from Sharon Quillen Adams, Executive Director - Jlirginia Beach SPCAr re opposition to the introduction of this "activity" in Virginia Beach. The correspondence contained questions which have not been asked or answered. Said Information is hereby made a part of the record. Thefollowing speakers registered in OPPOSITION Heidi Parker, 1131 Antietam Court, Phone: 962-8522, husband in the Navy and she related his experiences re the carriage horses in Boston. Their unhappiness is in their eyes. There is much entertainment available at the Resort i.e. the bike rides and it is not necessary to have horse tours or carriage rides. Bob Chorush, 501 Front Street, Noifolk, Phone: 213-8727, speaking on behalf of 484 members of PETA Jaume Rive/l, ex Police Officer in New Hope, Pennsylvania. Ms. Rivell spoke concerning the harm to horses with the carriage rides, 1802 Shen'ngham, Phone; 412-2114 Amy McNally, represented the Virginia Beach Society for the Prevention of Cruelty to Animals (SPCA), 1557 Back Bay Landing, Phone; 644-5577. Debbie Chissell, 925 Shadow Tree Way, Phone: 943-7430, did not want her 7-year old daughter in danger because of the horses Debra Edward, 3836 Croonenbergh Way, Phone: 463-9131, stated animals should not perform for tourists. A MOTION was made by Councilman Uhrin, seconded by Vice Mayor Jones to ADOPT: Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC from November 15, 2006 to Apri/15, 2007 re: Guided horse tours on the sand beach between Rudee Inlet and 42"d Street Horse-drawn carriage rides on the Boardwalk November 7, 2006 ~ ~~~t .. i~ (~\- . '~i'> "~_.;> 'ill..., ~~ ~+.a,.0Wt~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A proposal allowing the City Manager to issue a franchise agreement to allow for horse rides on the beach and carriage rides on the boardwalk from November 1 to April 15. MEETING DATE: December 5, 2006 . Background: On February 28,2006 City Council approved a pilot program to allow the Convention and Visitors Bureau the opportunity to evaluate horse rides on the beach and carriage rides on the boardwalk before requesting a permanent franchise to operate during the winter months. Based on City Councils actions, City Code Section 6-12 was modified to allow horse rides on the beach under a Special Event Permit until February 28,2007. The pilot program was conducted between March 15th and May 4th involving 7 horses walking single file on the beach between 30th and 17th Street. During the same period, a pilot program with horse drawn carriage rides on the boardwalk under a Special Event Permit was evaluated which did not require a modification of any city ordinance. The response to both programs was very positive and we received many positive emails from visitors regarding their experience. The Resort Advisory Commission, Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant Association and Virginia Beach Retail Association have written letters in support of continuing the program on permanent bases during the winter months. On September 5,2006 City Council approved an amendment to City Code Section 6-12 to allow horses on the beach between November 1st and April 15th either by Special Event Permit or Franchise. On October 6, 2006 the City Purchasing Department issued an invitation to bid to soliciate franchise proposals to operate the horse trail rides and carriage ride. Responses to the invitation to bid were evaluated by a selection committee and a qualified organization was selected which met the qualifications of the proposed franchise. This matter was discussed by City Council on November ih, 2006 and due to a tie vote the franchise was not approved. Since that date, staff has met with representatives of the SPCA and has prepared additional conditions to be applied to the operation of the franchise. This matter has been again placed on council's agenda at the request of Councilmember Diezel. . Considerations: The proposal would allow the City Manager to execute franchise agreements with Old Virginia Carriage Co.,LLC for horse rides on the beach and carriage rides on the boardwalk from November 1 to April 15. Approval of these franchises will provide an additional amenity for visitors and residents visiting the resort area in the winter months. . Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. . Resort Advisory Commission Recommendation: Adoption Staff Recommendation: Approval . Attachments: Ordinance (2), Summary of Contract Terms (2), Franchise Operating Standards and Carriage Operators of North America Guidelines and Standards of Operation Submitting DepartmentlAge~~y: Convention & Visitors Bureau % .p City Manage~ IL- . ~~ Carriage Operators of North America Page 1 of6 Appendix A CARRIAGE OPERATORS OF NORTH AMERICA GUIDELINES AND STANDARDS OF OPERATION Adopted March 1, 1991 Revised February 26, 2003 Carriage Operators of North America maintains that facilities, businesses and individuals striving to fonow these Guidelines and Standards will promote a safer and more humane environment for horse-drawn carriage activities. By establishing these Guidelines and Standards. CONA does not mean to suggest that these are the only ways in which to promote safety. Nor does CONA suggest or infer that those who do not follow these Guidelines and Standards engage in unsafe practices. In addition, CONA makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in these Guidelines and Standards. CONA cannot guarantee that adherence to these Guidelines and Standards will guarantee no accidents, injuries, or litigation. These Guidelines and Standards are intended to assist businesses and/or individuals in developing an individualized program designed to promote safety and humane treatment of carriage animals. I. Definitions II. Horse and Carriage Company Owners III. Equipment N. Carriage Stands, Client Pick Up Locations, and Staging Areas V. Care and Shelter of Horses VI. Harness VII. Weather Conditions VITI. Feeding IX. Stables and Stalls X. Horse Drawn Carriage Driver Qualifications XI. Conduct of Drivers Preface It is well known that horse drawn operations attract both tourists and residents of any city in which they work. They are highly visible, image oriented businesses that help cities and towns promote a good image. Because of this high visibility, carriage operations are constantly under scrutiny and this scrutiny soon becomes legislation. CONA, an organization that promotes the safe use of horses and horse drawn vehicles on the streets of America, has developed these Guidelines and Standards of Operation with the welfare and safety of the horse, the passengers, the operators and the general public in mind. They have also been developed to allow the carriage operator enough latitude to run a quality operation of which the city or town where the operator works can be proud. I. Definitions: The following terms shall have the following meanings: 1. "Carriage", means any device in or upon which any person is or may be transported or drawn, designed to be or capable of being drawn by a file:/!X:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 2 of6 horse or horses. 2. "Horse", means any animal of the genus equus. 3. "Person", means an individual, partnership, corporation, association or other legal entity. 4. "Stable", means any place, establishment or facility where one or more horses are housed and maintained. 5. "Veterinarian", means a person licensed to practice veterinary medicine. 6. "Work". A horse is considered working when it is out of the stable and at its carriage stand, place where it regularly picks up passengers or place of hire. Work ends when the horse leaves its stand or place ofhire to go to the stable. 7. "New driver", is a person that, prior to hire, has never been licensed for or . driven for a commercial horse drawn carriage company. II. Horse and Carriage Company Owners A. Each carriage company should have written permission, permits, or a business license as required for the area in which it works. B. Owners should have prior experience and qualifications, which enable them to properly and humanely operate a horse drawn carriage business. C. Each carriage company should carry liability insurance, whether or not required by local or state ordinance. D. Each carriage company should maintain an emergency procedure and protocol package including the telephone number where the owner or manager may be contacted in case of an emergency. III. Equipment Each vehicle should be equipped with electric turn signals or emergency flashing lights, taillights and front lights which are visible for a distance of 500 feet. (Variance allowed if an automobile with emergency flashers follows the carriage and if appropriate, leads the carriage.) A. No company should use a carriage not equipped with brakes. (Variance allowed for vintage carriages using appropriate harness.) B. Each carriage should be equipped with a slow moving vehicle emblem to be attached to the rear of the vehicle whenever there is a reasonable possibility that the vehicle could encounter automotive traffic on roadways. C. Carriages should be properly lubricated and wheels should spin freely. D. Carriages used on public property should be equipped with a device to catch horse manure and prevent it from falling on the pavement. Missed droppings should be cleaned up at the end of each shift. E. Each carriage should be maintained in a reasonably safe and sanitary condition. F. No horse drawn carriage should carry more passengers than it was originally designed to carry. G. No one other than the driver, a company employee, or apprentice should sit in the driver's seat. H. Each company should conduct regular safety inspections of its vehicles. I. No vehicle should be allowed into service that has lights, brakes or file://X:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 3 of6 other safety features that are inoperable. Iflights become faulty during use, a car with emergency flashers on should follow and, if appropriate, lead the carriage until it can be safely removed from traffic. J. Carriages should be equipped with fifth wheel or cut under turning mechanisms on the front axle. (Variance allowed for vintage carriages. ) K. Each company is encouraged to use reflective material wherever appropriate on carriages, harness and horse. L. Radio equipped carriages are encouraged. Cell phone equipped carriages should keep incoming call rings low. IV. Carriage Stands, Client Pick Up Locations, and Staging Areas Carriage companies should keep carriage stands/usage areas reasonably clean and free of manure and urine at all times. Urine should be diluted with water or water with disinfectant as it OCCln'S. A. Water for the horses should be maintained in full view at all times if the horse will be working from that location for more than 1-~ hours. B. Stand signage should include rates and hours of operation. Equine Activity Liability Act warning signs should be posted as may be required under applicable state law. C. Stands should be limited to parking only horse drawn vehicles to prohibit other vehicles from parking there. D. Stand site should be reasonably safe, have good footing, lighting and space for horses, carriages, and the public, preferably free of automotive traffic. V. Care and Shelter of Horses No horse should be used to draw a carriage unless the animal is in good health and the following standards are met: 1. The horse should not have open sores or wounds, nor should such horse be noticeably lame or have any other ailments, unless the driver has in the driver's possession a written statement by a veterinarian that the horse is fit for such work, notwithstanding such condition. 2. The hooves of the horse while working on pavement, brick, concrete or other like hard surfaces should be properly shod utilizing rubber or elastomer shoes or pads to prevent concussion injuries. Borium tip shoes can be utilized to help prevent slipping. Metal shoes can be used on the rear legs of the horse, if the horse's hooves will not accommodate the use of rubber pads there. 3. The horse should be properly and appropriately groomed. 4. The horse should have adequate flesh and tone. 5. Horses should be kept in a working condition. F. Every horse in use by a horse drawn carriage company should have a certificate of serviceability for specified carriage work, signed by the examining veterinarian on an a.ntlual basis. G. Horses should be de-wormed regularly. H. Horses should be vaccinated under the direction of a veterinarian for appropriate file://X:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 4 of6 diseases and risk factors of the area. I. Horses used to pull carriages should have water made available to them during their work period if their work period is in excess of 1 ~ hours. J. Horses should not work more than eight consecutive hours, or ten hours with a 1 ~ hour break, disconnected from the carriage, in a 24-hour period. K. Horses should not work more than six days in a seven-day period. L. Horses should not be worked with equipment causing an impairment of vision, other than normal blinders. M. Horses drawing a carriage should not be worked at a speed faster than a slow trot N. Horses should not be subject to any cruel or harassing treatment. O. Carriage horses should not be sold or disposed of except in a humane manner. VI. Harness Horses should not be worked with harness or bits that are not safe and humane. A. The harness should be oiled and cleaned so as to be appropriately in reasonable condition. B. Harness, bridles, bits and padding should be properly fitted and kept in reasonably clean and good repair. C. The harness should be kept reasonably free of makeshifts like wire, rope, and rusty chain. VII. Weather Conditions Owners and drivers should use caution when working horses in adverse weather conditions such as snow, ice, heavy rain, and other slippery or reduced visibility situations. A. Companies and drivers should work horses only when reasonably safe weather conditions exist. When the sum of the Fahrenheit temperature and the humidity is equal to 150, caution should be used. At a total of 180, care steps should be taken for the prevention of heat stress. B. Companies and drivers should work horses only when reasonably safe weather conditions exist. Special attention and discretion should be used during periods of high humidity, extreme cold and wind chill. Proper shoes should be used during icy conditions. C. Horses should be properly acclimated to the weather environment they will be working in, including special shoeing for conditions known to be icy. VIII. Feeding Horses should receive adequate and substantial feed daily, which is free from contamination. The feed should be sufficient quantity, nutritive value, and frequency to meet normal daily requirements for the condition, special needs, environmental factors and size of the animal so as to maintain a healthy flesh. A. Clean drinking water should be available to an off duty horse at all times. B. Off duty horses should have access to salt in block or loose form. IX. Stables and Stalls Stables used for housing horses should be welllighted and ventilated and provide protection from the weather. Stables should be kept clean and in good repair and manure should be removed daily. Any enclosure where horses are kept should be graded and raked to keep the surface file:/IX:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 5 of6 reasonably dry. A. Foot hazards and sharp surfaces should not be permitted in any area or building where they may come in contact with the animals. B. Roofs should be kept free ofleaks that drain into areas where animals are kept. C. Box stalls should be large enough for the horse to lie down and turn around. D. Tie stalls should be a minimum width and length to allow the horse to safely lie down. E. Horses that are not worked at least every other day or not turned out daily should not be kept in tie stalls. F. Stalling spaces should be bedded or have a specialized surface as to keep animals clean, dry and free of concussion, abrasion or pressure points. G. A pest control program should be used to control flies and other insects. H. Feed should be kept free of contamination. I. Interior and exterior areas of the stable should be kept reasonably clean, properly drained and free of nuisances including, but not limited to unreasonable and excessive odors and unreasonable accumulation of refuse and excrement. J. There should be no smoking at any time in stables. K. Cities and other municipalities should make every effort to allow stables within a walking distance of carriage stands for the health and well being of the horse. L. Equine Activity Liability Act warning signs should be posted in stables where applicable under state law. X. Horse Drawn Carriage Driver Qualifications Each driver should have a valid motor vehicle driver license and social security card or work visa. A. Each driver should be at least 18 years of age. B. Each driver should be free of alcohol and drug addiction. C. Each driver should demonstrate his or her ability to drive, inspect and care for the horse and equipment. D. Carriage company owners and managers should have a practical exam to give to drivers which they should successfully complete. The driver should demonstrate proficiency in grooming the horse, cleaning the harness and padding, fitting the bridle, bit and harness to the horse, hitching the horse to the carriage and driving the carriage upon the city streets in a safe and humane fashion. E. New drivers should be required to complete a thorough driver training program, administered by the company or another qualified professional, and to serve as an apprentice. New drivers should be required to ride with a seasoned driver for at least 24 hours to observe the proper handling and driving of a horse drawn carriage and the methods of handling emergency situations or unexpected animal behavior. The new driver should drive a carriage under supervision of a seasoned driver for at least 16 hours of apprenticeship. XI. Conduct of Drivers Each driver should have his or her valid state issued driver's license in his or her possession while operating a carriage. A. The driver should obey all traffic laws and regulations of the city and state. B. Drivers should not operate a carriage while under the influence of alcohol or narcotic file://X:\Resort Management\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Carriage Operators of North America Page 6 of6 drugs. C. No person should drink alcohol while such person is operating a horse drawn vehicle. D. For optimum safety and control of the horse and carriage, drivers should be prohibited from smoking, eating or wearing of headphones while the carriage is in motion. E. Drivers of each carriage during travel from sunset until sunrise, and at all other times as conditions of poor visibility exist, should cause the front and tail lights of the carriage to be in operation. F. Drivers should not permit the speed at which any horse drawn carriage is driven to exceed a slow trot. G. No driver should abandon his carriage, pennit another to drive for him or her, except an apprentice, or permit any passenger to ride on the driver's seat. H. Drivers should not permit more passengers in a carriage than it has been designed for. I. No passenger should be permitted to stand or ride on any part of the carriage while in motion, except seated inside the carriage. Drivers should take all necessary precautions to prohibit such activity. All passengers should be seated except when loading or unloading. J. Drivers should at all times be responsible for the proper and humane care and treatment of the horse under his or her direct supervision and control. K. Drivers should at all times be dressed neatly and cleanly, with an appropriate costume or uniform preferred. L. Drivers should be in the driver's seat and have driving lines in hand, and foot firmly on the brake before loading or unloading passengers. M. No one should unbridle a horse while the horse is connected to any horse drawn vehicle. N. Drivers should regularly offer water to working horses. file://X:\Resort Managern.ent\Resort Admin\Horse Carriage Operators of North America.... 11/28/2006 Horse and Carriage Franchise Operating Standards The following operating standards are hereby a part of the Franchise Agreement for Guided Horse Riding Tours on the Beach and the Franchise Agreement for Horse Carriage Rides on the Boardwalk. 1. All operators, drivers, stable hands, veterinarians and others who are employed by the franchisee, shall sign a statement indicating that they have never been convicted of animal neglect or cruelty. 2. The franchisee's veterinarian will certify the fitness of all horses. Such cetification will be filed with the city at least semi annual basis, filing that certificate with the City so that it will be a part of a public record. 3. All complaints of any nature, along with all veterinary records, will be available for public review. 4. A committee comprised of representatives of the Virginia Beach Animal Control Bureau, Virginia Beach Police Department Mounted Patrol, Department of Agriculture and Resort Management Office will conduct random inspections of the operation, health of the animals and boarding conditions for compliance with these Operating Standards and standards outlined in the franchise agreement. 5. A waste management plan for the Bike Path, Boardwalk and Beach will be filed by the franchisee as part of the agreement 6. Horses used for guided tours will not be used for carriage rides tour, or vice versa, during a 24 hour period. 7. All complaints of potential animal health or animal cruelty issues will be forwarded to the Resort Management Office for investigation by the inspection committee comprised of representatives from Animal Control, Dept of Agriculture, Police and the Resort Management Office. Depending on the severity of the complaint, a veterinarian report may be required at the franchisee expense. A written response to the complaint will be made within 14 days. Requested by Councilmember Diezel 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT GUIDED HORSE TOURS ON THE SAND BEACH BETWEEN RUDEE INLET AND 42ND STREET WHEREAS, the City staff has solicited proposals for the 7 operation of guided horse tours on the sand beach between Rudee 8 Inlet and 42nd street between the dates of November 15, 2006 and 9 April 15, 2007 (the initial term) with the possibility of 10 extending the right to operate for up to four (4) additional 11 terms; 12 WHEREAS, the City staff has reviewed all proposals and has 13 made a recommendation to the City Council that a franchise be 14 awarded to Old Virginia Carriage Co., LLC; and 15 WHEREAS, the City Council agrees with the recommendation of 16 the City staff and finds that the award of a franchise to Old 17 Virginia Carriage Co., LLC will promote the public interest and 18 will serve to enhance the festive atmosphere at the oceanfront. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That a franchise is hereby granted to Old Virginia 22 Carriage Co., LLC to operate guided horse tours on the sand 23 beach between Rudee Inlet and 42nd Street. 24 2. That the grant of the franchise is subject to the terms 25 of the Franchise Agreement which has been presented to the City 26 Council and the terms of the Invitation to Bid which were 27 disseminated for this proposal. 28 3. That the City Manager or his designee is authorized to 29 executed the Franchise Agreement which is hereby approved. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia on the day of , 2006. Approved as to Content Approved as to Legal Sufficiency: ~e Convention and Visitors Bureau CAI0200 v:\applications\citylawprod\cycom32\Wpdocs\D030\P001\OO022815.DOC November 28, 2006 R-2 2 GUIDED HORSE TOURS Summary of Contract Terms Franchisee: Old Virginia Carriage Co., LLC Nature of Franchise: Guided horseback rides on sand beach between Rudee Inlet and 42nd Street. Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to April 15 of the next year. Franchise Fee: $2,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November 1 of the year of the new tenn. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: . Appropriate training of operators . Walking pace for horses . Limit of nine (9) horses on a tour . City must review and approve an operating plan which recognizes different experience levels of riders . Horses must have appropriate ability, training and demeanor . Helmets required . Bun Bags to be used . Manure collected and disposed . Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading on Boardwalk . Equipment to be in good condition . No solicitations on public property . Operator must be employee of Franchisee and operator must be with tour patrons at all times . Employees to wear attire which identifies the tour operation · No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Harmless: Franchise indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits Tennination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. Requested by Councilmember Diezel I 2 3 4 AN ORDINANCE GRANTING A FRANCHISE TO OLD VIRGINIA CARRIAGE CO., LLC TO CONDUCT A HORSE CARRIAGE RIDE ON THE BOARDWALK 5 WHEREAS, the City staff has solicited proposals for the 6 operation of horse-drawn carriage rides on the Boardwalk 7 between the dates of November 15, 2006 and April 15, 2007 (the 8 initial term) with the possibility of extending the right to 9 operate for up to four (4) additional terms; 10 WHEREAS, the City staff has reviewed all proposals and 11 has made recommendation to the City Council that a franchise 12 be awarded to Old Virginia Carriage Co., LLC; and, 13 WHEREAS, the City Council agrees with the recommendation 14 of the City staff and finds that the award of a franchise to 15 Old Virginia Carriage Co., LLC will promote the public 16 interest and will serve to enhance the festive atmosphere at 17 the oceanfront. 18 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That a franchise is hereby granted to Old Virginia 21 Carriage Co., LLC to operate a horse carriage ride operation 22 on the Boardwalk at the oceanfront. 23 2. That the grant of the franchise is subject to the 24 terms of the Franchise Agreement which has been presented to 25 the City Council and the terms of the Invitation to Bid which 26 were disseminated for this proposal. 1 27 28 29 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. Approved as to Content: Approved as to Legal Sufficiency: ~E Convention & Visitor Bureau CAI0199 V:\applications\citylawprod\cycom32\Wpdocs\D030\P001\00022816.DOC November 28, 2006 R-2 2 HORSE CARRIAGE RIDES Summary of Contract Terms Franchisee: Old Virginia Carriage Co., LLC Nature of Franchise: To conduct horse carriage rides on the Boardwalk. Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both parties, the Agreement may be extended for up to four (4) additional terms, each running from November 15 to April 15 of the next year. Franchise Fee: $1,500 for the initial term. If the Agreement is extended for additional terms, the parties must agree to a new fee and state the fee in a separate writing before November I of the year of the new term. Non Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates operational standards and safeguards such as: · Appropriate training of operators . Good condition of equipment . Walking pace for horses · Limit of two (2) carriages on Boardwalk at any time . Rubber shoes on horses . Safety equipment . Bun Bags on horses · Horses to be rabies free and have negative Coggins certifications . Temporary corral . No unloading from trailers on Boardwalk · Operator must be employee of Franchisee and be present with patrons at all times . Employees to wear attire which identifies the tour operation · No advertisement other than the name of the operation and the fee and location of the tour station shall be placed on the property Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000,000 combined single limits Termination: City may terminate Agreement for reason of Franchisee's failure to comply with the terms of the Agreement. ~ .rtr~~~ ~..~\ ~1-'''i -. \~ (~\~. .' :~,) ~...--~. :-i~ ...... ,... ~ t/'.~ .....OCIIt~.;(o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $1,086,294 (Property of Herbert A. Culpepper and Robert E. Steinhilber) MEETING DATE: December 5,2006 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual . agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 71.94 acres outside of marshland or swampland. It is owned by Herbert A. Culpepper and Robert E. Steinhilber. Under current development regulations, there is a total development potential of nine (9) single-family dwelling building sites, none of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Princess Anne Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,086,294. This price is the equivalent of approximately $15,100 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.756% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.756% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property . Recommended Action: Adoption ~ Submitting Department/Agency: Agriculture Department City Manage~ k. , 0(36f'z. AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-75 SUMMARY OF MATERIAL TERMS SELLER: Culpepper, Herbert A. and Steinhilber, Robert E. PROPERTY LOCATION: 1576 Princess Anne Road, Princess Anne District PURCHASE PRICE: $1,086,294. EASEMENT AREA: 71.94 acres, more or less DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (9 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.756% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 5.756% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. o ~ N ~ I ~ o I N ~ ~ N ::f:l: c: -- a. C) "'C CO o c::: Q) c: c: <( rn rn Q) () c: -c a.. I L.- Q) ..c - -- ..c c: -- Q) +"'" en ~ s- Q) a. a. Q) a. - :J () " '.....:" "- --;.. ..., ~O)/ ..' I:' ji ~/'.i &;i q]/ -....t.. ~// If:-' / ...... I ~"3NN'riS S30NleJd , '- z~ o o ~ .... 0 0 q .... co C") Il) Il) 0 I- ..- 0 w UJ It) w u. ....J <( U (J) o o o It) 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $1,086,294. 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a surrnnary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $1,086,294; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and deli very of the, Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.756% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.756% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 2 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement in substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 Ci ty Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the City Council. 72 3 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, . on this day of , 2006. CA-I0156 V:\applicationslcitylawprod\cycom32IWpdocs\DOO3\POO 1 lOO02304S.DOC R-l DATE:November 3, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: twffiq.~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 2~j~na~~ 4 ~. .6 J. _"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $179,701 (Property of Craig L. and Bonnie P . Talley) MEETING DATE: December 5, 2006 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of one (1) parcel of land having approximately 25.31 acres outside of marshland or swampland. It is owned by Craig L. and Bonnie P. Talley. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, none of which would be reserved for future development as a 3-acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on Head of River Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $179,701. This price is the equivalent of approximately $7,100 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.853% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.853% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption ~ Submitting DepartmentlAgencr Agriculture Department / ~ City Manager:~ lL.. .~rsPt "~,,...,."'_ ..It T;, AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2006-76 SUMMARY OF MATERIAL TERMS SELLER: TALLEY, Craig and Bonnie PROPERTY LOCATION: 3164 Head of River Road, Princess Anne District PURCHASE PRICE: $179,701 EASEMENT AREA: 25.31 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.853% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 5.853% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IP A. ,--- I I I \ ~')~\~ -.~ }~\'<6 "Q'<60 0. z--. ~ ~ ~ ~ (D ~ ~ 1-1 o ~ (D ~~ . wi ~~ ~ (D (J ~ ~ ~ rJ). 0 ~ ?J ~. < (D 1-1 6' ~ ~ 1 2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 3 AGRICULTURAL LAND PRESERVATION EASEMENT AND 4 THE ISSUANCE BY THE CITY OF ITS CONTRACT 5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 6 $179,701. 7 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation 10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of 11 Virginia Beach, there has been presented to the City Council a 12 request for approval of an Installment Purchase Agreement (the form 13 and standard provisions of which have been previously approved by 14 the City Council, a summary of the material terms of which is 15 hereto attached, and a true copy of which is on file in the City 16 Attorney's Office) for the acquisition of the Development Rights 17 (as defined in the Installment Purchase Agreement) on certain 18 property located in the City and more fully described in Exhibit B 19 of the Installment Purchase Agreement for a purchase price of 20 $179, 701; and 21 WHEREAS, the aforesaid Development Rights shall be acquired 22 through the acquisition of a perpetual agricultural land 23 preservation easement, as defined in, and in compliance with, the 24 requirements of the Ordinance; and 25 WHEREAS, the City Council has reviewed the proposed terms and 26 conditions of the purchase as evidenced by the Installment Purchase 27 Agreement; 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 1. The City Council hereby determines and finds that the 31 proposed terms and conditions of the purchase of the Development 32 Rights pursuant to the Installment Purchase Agreement, including 33 the purchase price and manner of payment, are fair and reasonable 34 and in furtherance of the purposes of the Ordinance, and the City 35 Manager or his designee is hereby authorized to approve, upon or 36 before the execution and delivery of the Installment Purchase 37 Agreement, the rate of interest to accrue on the unpaid principal 38 balance of the purchase price set forth hereinabove as the greater 39 of 3.853% per annum or the per annum rate which is equal to the 40 yield on United States Treasury STRIPS purchased by the City to 41 fund such unpaid principal balance; provided, however, that such 42 rate of interest shall not exceed 5.853% unless the approval of the 43 City Council by resolution duly adopted is first obtained. 44 2. The City Council hereby further determines that funding 45 is available for the acquisition of the Development Rights pursuant 46 to the Installment Purchase Agreement on the terms and conditions 47 set forth therein. 48 3. The City Council hereby expressly approves the 2 49 Installment Purchase Agreement and, subject to the determination of 50 the City Attorney that there are no defects in title to the 51 property or other restrictions or encumbrances thereon which may, 52 in the opinion of the City Attorney, adversely affect the City's 53 interests, authorizes the City Manager or his designee to execute 54 and deliver the Installment Purchase Agreement In substantially the 55 same form and substance as approved hereby with such minor 56 modifications, insertions, completions or omissions which do not 57 materially alter the purchase price or manner of payment, as the 58 Ci ty Manager or his designee shall approve. The City Council 59 further directs the City Clerk to affix the seal of the City to, 60 and attest same on, the Installment Purchase Agreement. The City 61 Council expressly authorizes the incurrence of the indebtedness 62 represented by the issuance and delivery of the Installment 63 Purchase Agreement. 64 4. The City Council hereby elects to issue the indebtedness 65 under the Charter of the City rather than pursuant to the Public 66 Finance Act of 1991 and hereby constitutes the indebtedness a 67 contractual obligation bearing the full faith and credit of the 68 City. 69 70 Adoption requires an affirmative vote of a majority of all 71 members of the Ci ty Council. 72 3 73 Adopted by the Council of the City of Virginia Beach, 74 Virginia, on this day of , 2006. CA-I0155 V:\applicationslcitylawprodlcycom32IWpdocsIDO03\POOIIOO023045.DOC R-l DATE:November 3, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~Wwkv City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: ~~fF~ 4 CHESAPEAKE BAY 1570-41-4185 o I n e~..qCJf 5:;J U co~ ~l. LOCATION MAP Q CJ ENCROACHMENT REQUEST II:' g 000 FOR JEAN OWENS 0 0 4905 ATHENS BOULEVARD [] 00 GPIN 1570-41-4185 3 0000 D 000000 Prepared by P.W./Eng.lEng. Support Services Bureau 8/14/06 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, by property owner Jean J. Owens. MEETING DATE: December 5,2006 . Background: Jean J. Owens has requested permission to construct and maintain a pier and timber bulkhead (35') in a portion of City property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, located at the rear of 4905 Athens Boulevard, Virginia Beach, Virginia. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Bradford. . 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, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ~ t~ City Manage~ \L .qg~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY PROPERTY 6 KNOWN AS LAKE BRADFORD AND A 7 PORTION OF THE 100' BORDER OF 8 LAND OWNED BY THE CITY AROUND 9 LAKE BRADFORD, BY PROPERTY 10 OWNER JEAN J. OWENS 11 12 WHEREAS, Jean J. Owens desires to construct and maintain a 13 pier and timber bulkhead in a portion of the City's property 14 known as Lake Bradford and a portion of the 100' border of land 15 owned by the City around Lake Bradford, located at the rear of 16 4905 Athens Boulevard. 17 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 18 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 19 authorize temporary encroachments upon the City's property 20 subject to such terms and conditions as Council may prescribe. 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof 24 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 25 as amended, Jean J. Owens, her heirs, assigns and successors in 26 title are authorized to construct and maintain temporary 27 encroachments for a pier and timber bulkhead in a portion of the 28 City's property known as Lake Bradford and a portion of the 29 100'border of land owned by the City around Lake Bradford, as 30 shown on the map labeled Exhibit "A" and marked: "BULKHEAD 31 AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 32 23455," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular 34 descriptioni and 35 BE IT FURTHER ORDAINED, that the temporary encroachments 36 are expressly subject to those terms, conditions and criteria 37 contained in the Agreement between the City of Virginia Beach 38 and Jean J. Owens (the "Agreement"), which is attached hereto 39 and incorporated by referencei and 40 BE IT FURTHER ORDAINED, that the City Manager or his 41 authorized designee is hereby authorized to execute the 42 Agreement i and 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in 44 effect until such time as Jean J. Owens and the City Manager or 45 his authorized designee execute the Agreement. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the day of 2006. CA-I0120 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CAI0120 OwenS.doc v:\applications\citylawprod\cycom32\Wpdocs\D006\P001\00021511.DOC R-1 PREPARED: 11/15/06 APPROVED AS TO CONTENTS ~lC.~M. S NATURE rID RE&J f ttt.Ut PUBLIC WORKS, REAL ESTATE 2 PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.l-811(C) (4) THIS AGREEMENT, made this 29 day of September, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JEAN J. OWENS, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Parcel A, 11,628 square feet, Bayside Borough, as shown on that certain plat entitled: "SUBDIVISION OF PROPERTY C.W. LANE PARCEL, AS SHOWN ON BOUNDARY LINE AGREEMENT PLAT BETWEEN C.W. LANE AND STEPHEN P. BARTLETT CHESAPEAKE PARK BA YSIDE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE I" = 30'," dated February 1,1992, said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 221, at page 73, and being further designated, known, and described as 4905 Athens Boulevard, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a pier and timber bulkhead, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPINS: Lake Bradford-City Property-No GPIN 100' Border Around Lake Bradford-City Property-No GPIN 1570-41-4185 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Bradford and a portion of the 100' border of land owned by the City around Lake Bradford, located at the rear of 4905 Athens Boulevard, Virginia Beach, Virginia, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment 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 that certain plat entitled: llBULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455," a copy of which is attached hereto as Exhibit llA," DATE: 01/07/06 REVISION 05/31/06, and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity. 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 2 after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, 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 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 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 hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, JEAN J. OWENS, the said Grantee, has caused this Agreement to be executed by her signature. 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 4 (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , CITY MANAGER/AUTHORIZED , 2006, by DESIGNEE OF THE CITY MANAGER. 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 , 0 J CITY/COUNTY OF 'Jl'~, .'U. ~ tDec~ , to-wit: The foregoing instrument was acknowledged before me this / Y day of :'l () C}vl> €.r' ,2006, by Jean J. Owens. ~.<M -;if /' U-L Notary Public My Commission Expires: 3/ YI1 /) 7 20o;Y APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM tV\pt &-- J0l~ .. ~ C. ~.s&v... SIG TURE _Ph) KEaJ f ~t DEPARTMENT G:\USERS\SHARED\WP80\RE\Real Estate Forms\ WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 ELISE WILLIS EUGENE SUTTON LOT 2 a> ". '" <>. PURPOSE: EROSION CONTROL ACCESS DATUM: OWL = 0.00' A.P .O.'S SEC M: WilLIAM WALKER LOT 1: ORlAN RIELEY lOT 2: WilLIS/SUTTON EXHIBIT uA" ORlAN RIELEY LOT I SCAL(: ," = .30' N\ lAKE BRADFORD VIRGINIA BEACH CITY PROPERTY ROPOSED TIMBER BULKHEAD (35') 0' 20' 40' ~_ I '" ..... io "'- VIRGINIA BEACH CITY PROPERTY PARCEL A JEAN OWEN S 31.89' /PROPERTY LINE 17.40' <> .<> SEe M LOT 1 2 .3 WILliAM WALKER '" a> o o. .4 '4 Bett.vfpit /.k,'e. ~~ I{;."c-' 75.83' "\ ..'" ", ,_ DRI\;~',yAY (tdA-;-ER:;.L Si.~,GING & CQNSTRI..;C WJN ACC::SSj ~THENS "ClvD MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477 -4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH. VA 234-55 SHEET 1 OF 4 DATE: JAN 7, 2006 REVISION , MAY 3', 2006 PIER DETAILS SCALE: 1" = 6' CROSS-TIE ATTACHED TO PILE /""" 5j" '"eo L,o 'OL' I . /' "LE, """'-" j2X8 WALER. lYP /3" ~VERHANG I / -:.1 20,0' / / l ,,-J. .~ - ."::: - /2X 1 2.0' MAX I 11.6' 2 if ,-... h .~ ~ =. = '\ :..---- 2 WALER AITACHEO 12.0' / TO PILE WITH 300 NAILS 6.0' \... WALER ATTACHED 1 TO CROSS-TIE WITH 200 NAILS ~ -::: . ~ ~ - . --- MAX 8 CROSS-TIE. lYP X6 DECK BOARD CONTINUOUS) ATTACHED WIIH 00 NAILS 6.Y lYPICAL ~ '" C8>O" BOARO ",,,"EO TO BULKHEAD WALER WITH 300 NAILS EO" 0' ,"LK""'O j n - PURPOSE: EROSION CONTROL / ACCESS DATUM: MLW = 0.00' A.P .0.'5 SEe M: WILLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WILLIS/SUlTON MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 4-77-4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 2 OF 4 DATE: JAN 7, 2006 BULKHEAD DETAILS SCALE: 1" = 6' 2X8 CROWN 8~D NOT SHOWN FOR ClARITY ATTACH SHEET PILES TO OUTSIDE WALER WITH 200 NAILS ALTERNATE FRONT AND REAR WALERS BREAKS 25.3' NOTCHED WALER SPLICE .;;-~ .? -\ 2.5' \- }',. .'20 TOP FRONT MUD LINE / ."""".""'" ~ """ ATTACH CROWN BOARD TO -, LAG BOLT WITH 3 WALERS WITH 20 0 NAILS ON 4--6' CENTERS --1. . . . . . . 2' J t V // / / / l/ V 1/ / V V V V V l/ V V 1/ / V / vv l/ VI/i/ 1/ LEAO PILE RUN \ \ 75% MINIMU!I.I ~....~, WITH MALE EDGE .-" -- - SHEET PILING T PI E .. WASHERS ~~\., TH OJ;> ~~ p/; 6'" . ~ ...:; {\ .~ il Ii 1/ q Q ~' iY c~v...J 1'L.~'ll?il ~ 8 DAVID KLEDZIK ;;: No. 034674 ~o )./Z5/ ot. ~O/ ~)oo. u."" ~ PURPOSE: EROSION CONTROL / ACCESS DATUM: MLW = 0.00' A.P.O:S SEC M: WILLIAM WALKER LOT 1: ORlAN RIELEY LOT 2: WILLIS/SUTTON PENETRATION 2 X 10 TIMBER &G SHEET L MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477-4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 3 OF 4 DATE: JAN 7. 2006 SECTION BULKHEAD A & A PIER SCALE: 1" = 8' SHEET PILE 75% PENETRATION MINIMUM BELOW MUD LINE PROPOSED PIER \, 5' - PILE 1.5' - DECK CONSTRUCTION MATERIALS: PIER PILES 507. PENETRATION MINIMUM BELOW MUD LINE E!EB..; 8" PILING, 2.5 PCF SALT CCA TREATMENT 2" X 8" NO.2 CROSS TIE, 2.5 PCF SAlT CCA TREATMENT 2" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT 2" X 6" DECKING. 0.25 PCF SALT ACO TRElo,TMENT BULKHEAD' 2" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT 4" X 6" NO.2 WALER. 2.5 PCF SALT CCA TREATMENT 2" X 10" T&G SHEETPILE, 2.5 PCF SALT CCA TREATMENT FILTER CLOTH HARDWARE: 5/8" LAG THRU-BOLT (HOT DIPPED GALVANIZED) 20d & JOd NAILS (HOT DIPPED GALVANIZED) PURPOSE: EROSION CONTROL / ACCESS DATUM: MLW = 0.00' A.P.O.'S SEe M: WILLIAM WALKER LOT 1: ORlAN RtELEY LOT 2: WILLIS/SUTTON MECHANICAL ENGINEERING SERVICES 1297 BRADDOCK AVENUE VIRGINIA BEACH, VA 23455 PH: (757) 477 -4787 BULKHEAD AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA 23455 SHEET 4 OF 4 DATE: JAN 7, 2006 .. ~ . . e" ~~ u. tI '" 2 ~ u~ .tic -- ..II) (,10 eCO :a~ :s .. '" tI 0& .. t.! ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of a Vehicle from Progressive Insurance Company to the Police Department's Detective Bureau MEETING DATE: December 5, 2006 . Background: The Police Department has leased a used vehicle from Progressive Insurance Company for an annual fee of $1.00. The vehicle is used by the Detective Bureau for undercover investigations. Progressive no longer wishes to continue this lease and would like to donate the vehicle to the Police Department. The vehicle is in fair condition and has an estimated value of $13,000. . Considerations: Under the conditions of the previous lease, the Police Department was responsible for gas, insurance, and maintenance. The acceptance of this vehicle will add minimal costs to the Police Department's Operating Budget. The department is fully aware that this vehicle will not be replaced as a part of future budget processes. When the vehicle is no longer serviceable, it will be sold at auction. . Public Information: Public information will be provided through the normal Council agenda process. . Recommendations: It is recommended that Council accept the donation of this vehicle, which aids our investigative efforts. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager~\ \( · 06 6<"t 1 AN ORDINANCE TO ACCEPT A DONATION OF A VEHICLE 2 FROM PROGRESSIVE INSURANCE COMPANY TO THE 3 POLICE DEPARTMENT'S DETECTIVE BUREAU 4 WHEREAS, Progressive Insurance would like to donate a used 5 vehicle to the Police Department; and 6 WHEREAS, the donated vehicle will be used within the Police 7 Department's Detective Bureau to aid in their investigative 8 efforts; and 9 WHEREAS, the City of Virginia Beach shall not be responsible 10 for the replacement of this vehicle. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 That the donation of a vehicle valued at approximately 14 $13,000 from Progressive Insurance Company is hereby accepted. 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on the day of , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 8 'UJ r~'\{ l" ' I "''':' -' 0/'.1' G.. _ / I, \ ! Management Services ~~~~ CA10216 V:\applications\citylawprod\cycom32\Wpdocs\D021\P001\OO023753.DOC R-2 November 21, 2006 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $500,000 from the Federal Emergency Management Agency to the Fire Department's FY 2006-07 Operating Budget for a FEMA Deployment Related to Hurricane Ernesto MEETING DATE: December 5, 2006 . Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA Urban Search and Rescue Team ("VA-TF2"). The Fire Department serves as the administrator of VA-TF2. VA-TF2 was activated on August 28, 2006 to travel to the state of Florida in anticipation of needed search and rescue assistance with the approach of Hurricane Ernesto. The team returned home and demobilized on August 31. Upon activation and deployment, FEMA provides funding to reimburse participants for equipment, supplies and overtime supporting this event. . Considerations: As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of the Team. . Public Information: Public Information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate $500,000 to cover expenses of VA-TF2 for its Hurricane Ernesto deployment. . Attachments: Ordinance Recommended Action: Approve and appropriate $500,000. Submitting Department/Agency: Fire Department CityManage~IL .~~ 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $ 5 00 , 000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR A FEMA DEPLOYMENT RELATED TO HURRICANE ERNESTO WHEREAS, the Federal Emergency Management Agency (FEMA) 9 issued an alert order for members of the FEMA Virginia Task- 10 Force 2 Urban Search and Rescue for deployment and has approved 11 $500,000 in reimbursement costs for expenses related to 12 Hurricane Ernesto. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $500,000 in federal funds is hereby accepted from the 16 Federal Emergency Management Agency and appropriated to the Fire 17 Department's FY 2006-07 Operating Budget for costs associated 18 with the deployment of members of the urban search and rescue 19 team, with federal revenue increased accordingly. 20 Accepted by the Council of the City of Virginia Beach, 21 Virginia on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: "- , /wru t K. ftLv. city Attorney' OffIce CAI0217 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\OO023773.DOC R-3 November 29, 2006 K. PLANNING 1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of Conditional Use Permit re a church expansion and the location of their parsonage at 5424 Parliament Drive (approved by City Council on July 2,2002). DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a Conditional Use Permit re replacement ofthe existing buildings with a new Secondary Alternative Education Academy Complex at 233 North Witchduck Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re use of an existing building as a church at 980 Broad Meadows Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION APPROVAL 4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit for a church at 4881 Euclid Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of ROBERTA MADDOX for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp) at 519 Delaware Avenue. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 6. Application ofPAYKAN, INC. for a Conditional Use Permit re existing motor vehicle sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by City Council February 27,2000) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 7. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a wireless communications monopole tower and antennas to accommodate three (3) wireless carriers) at 136 South Lynnhaven Road. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL PUBLIC HEARING .. Virginia Beach City Council will meet in the Chamber at CitY Hall, Municipal Center, 2401 Courthouse Drive, Tuesday. December 5. 2006. at 6:00 D.m. The following applications will be heard: DISTRICT 2 - KEMPSVILLE Holland Road Baptist Church Application: Condi- tional Use Permit for a church at 4881 Euclid Road (GPIN 1477129282). City of Virginia Beach Public Schools Application: Conditional Use Permit for public schools, colleges and universities at 233 North Witchduck Road (GPIN 1467758167 - portion of). Paykan, Inc. Application: Conditional Use Permit for motor vehicle sales at 234 North Witchduck Road (GPIN 1l467853076). Kempsville Church of Christ Application: Modifica- tion of Conditions at 5424 Parliament Drive (GPIN 1467431335). DISTRICT 6 - BEACH T-Mobile Northeast, L.L.C. Application: Conditional Use Permit for a communications tower on property located at 136 South Lynnhaven Road (GPIN . 1497532817). Roberta Maddox Application: Conditional Use Per- mit for a recreational facility of an outdoor nature (skateboard ramp) at 519 Delaware Avenue (GPIN 2427039631)., DISTRICT 4 - SA YSIDE Carpenter's House Ministries Application: Condi- tional Use Permit for a church at 980 Broad Mead- ows Boulevard (GPIN 1468645411). All interested citizens are invited to attend. a-r~-/~ 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.vbl!ov.com/deDt/Dlanninl!/boards/pc L For information call 385-4621. If you are physically disabled or visualiy impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Nov. 19 & 26, 2006 16128237 - 45- Item V-J.B. PLANNING ITEM # 49897 (Continued) Voting 10-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, LoutS R Jones, Reba S McClanan, Rzchard A Maddox, Mayor Meyera E Oberndcrf, Jim Reeve, Peter W Schmidt, Ron A Vzllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counczl Members Abstazmng Vice Mayor Robert C Mandigo. Jr Council Members Absent None Vice Mayor Mandigo ABSTAINED as he was appointed Assistant Treasurer of the Carolanne SWIm Club July 2, 2002 - 44- Item V-J.8. PLANNING ITEM # 49897 Upon motion by Vice Mayor Mandigo. seconded by Councl117UUl Jones. City Council ADOPTED an Ordinance upon applzcatlOn of KEMPSVILLE CHURCH OF CHRIST for a Conditional Use Permit ORDINANCE UPON APPliCATION OF KEMPSVILLE CHURCH OF CHRIST FOR A CONDmONAL USE PERMIT FOR A CHURCH R070231040 BE IT HEREBY ORDAINED BY mE COUNCIL OF mE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applzcatlon of KempSVille Church of ChrISt for a Condztlonal Use Pennu for a church at the northwest corner of Parltament Drive and Yoder Lane (GPIN #/467-43-1228, #1467-43- 2568) Said parcel IS located at 5424 Parlzament Drive and contazns 4 539 acres DISTRICT 2 - KEMPSVILLE The followzng COndltzOns shall be requtred I The exlStzng property lme that separates the exlStzng church property from Lot J of "Yoder Estates" (also owned by the church) shall be vacated and a new plat put to record prIOr to the approval of the final SUe plan 2 The architectural style. buzldzngmatenals. andcolorsofthe 3, 750 square foot classroom addition, the 3,600 square foot classroom addition and the 14.300 family life center shall be substantially stmllar to the architectural style, bUlldzng materzals, and colors of the exlStzng structures on the szte The elevations of these additiOns shall be reviewed and approved by the Planmng Director prior to the ISsuance of a buddmg permit 3 Category I (evergreen shrubs) shall be Installed along the north property lme between Lots I and 2 of Yoder Estates and along the property lme behznd the proposed parsonage adjacent to the Carolanne Swzm Club property as depleted on the concept plan entitled "KempSVille Church of Chnst, Prell11unary Site Plan, " prepared by The Spectra Group, dated February /4, 2002 4 The proposed storage bUlldmg shall be no wrger than 1,000 square feet and shall be located on the sUe so that II IS no closer than twenty (20) feet from the western property lzne The garage doors of the storage buddzng (the 25 foot wuie Side) shall be accessed vta the proposed parlang area thereby elzmznatzng the need for an addztlOnal driveway on the proposed parsonage sue All garage style doors of the storage buddzng shall face the exlStmg church property 5 EvergreenfoundatlOn landscapzng, a mlmmum 18 znches zn height at the time of plantzng and three (3) feet on center, shall be Installed along the storage bUlldzngfacade that faces Yoder Lane Thzs Ordznance shall be effective zn accordance With SectIOn 107 (f) of the Zomng Ordmance Adopted by the CounCil of the City ofVlrgzma Beach, Vlrgzma, on the Second of July, Two Thousand Two July 2, 2002 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Kempsville Church of Christ for a Modification of Conditions of a Use Permit for a church expansion, granted by City Council on July 2,2002, on property located at 5424 Parliament Drive (GPIN 1467431335). DISTRICT 2- KEMPSVILLE MEETING DATE: December 5,2006 . Background: The Conditional Use Permit permitting additions to the church was approved by the City Council on July 2, 2002. That request consisted of three (3) additions that included two (2) classrooms (eastern addition of 3,750 square feet and a western addition of 3,600 square feet), a 14,300 square foot family life center, and 112 new parking spaces. In addition, the church incorporated Lot 1 of "Yoder Estates" into their property with the intention of constructing a new parsonage and a 1,000 square foot storage building. The Conditional Use Permit has five (5) conditions. . Considerations: Condition 2 of the 2002 Use Permit specifies the size of the additions and, because of that, the layout of the site. A modification of the condition is necessary because the existing parsonage that was proposed to be demolished will now remain in its current location, and the site layout has changed slightly due to this. Since the parsonage will remain where it currently exists, the parking lot must be configured differently to account for this modification. Condition 3 references placement of landscaping in terms of the then proposed parsonage site and Condition 4 requires access for the storage building via the proposed parsonage site. As the applicant has decided to keep the existing parsonage in its current location, these conditions are no longer appropriate as worded. The property to the north is vacant but is zoned residential. Originally, a new parsonage was proposed to be constructed along the northern portion of the site, adjacent to the residentially properties. The revised site layout depicts the existing parsonage remaining in its current location, the construction of parking spaces, and the construction of a 25 foot by 40 foot storage building along the northern portion of the site. A reduction in the size of the future Family Life Center and in the number of parking spaces shown on the approved plan will be required in order for the existing parsonage to remain. The 14,300 square foot Family Life Center was approved in 2002. The current plan depicts a 10,400 square foot Family Life Center. There are 840 seats within the existing sanctuary, necessitating 168 parking spaces. The concept plan depicts 214 parking spaces, still well above the minimum requirement. Category I landscaping is depicted Kempsville Church of Christ Page 2 of 3 along this portion of the northern property line to aid in screening the parking lot and storage building. The Planning Commission placed this item on the consent agenda because the request consists of an acceptable reconfiguration of the plan for an existing church and proposed additions, the proposed modifications do not unduly affect the adjacent community, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to . approve this request with the following conditions: 1. All conditions with the exception of Number 2, Number 3 and Number 4 attached to the Conditional Use Permit granted by the City Council on July 2, 2002, shall remain in affect. 2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The architectural style, building materials, and colors of the 10,400 square foot Family Life Center and the Storage Building, as depicted on the plan entitled, "Kempsville Church of Christ, Preliminary Site Plan", prepared by The Spectra Group, dated June 2, 2006, shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site. The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. 3. Condition Number 3 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the west property line behind the proposed storage building, adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated June 2, 2006. 4. Condition Number 4 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on Yoder Lane. All garage style doors of the storage building shall face the existing church property. Kempsville Church of Christ Page 3 of 3 5. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions. The storm water management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. . 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: Q Y-'d6~ ~~ KEMPSVILLE CHURCH OF CHRIST Agenda Item 5 November 8, 2006 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Modification of the Conditional Use Permit for a church, approved by the City Council on July 2, 2002, requesting revision of the approved site plan. ADDRESS I DESCRIPTION: Property located at 5424 Parliament Drive. GPIN: 14674313350000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 4.539 acres SUMMARY OF REQUEST The Conditional Use Permit permitting additions to the church was approved by the City Council on July 2,2002. That request consisted of three (3) additions that included two (2) classrooms (eastern addition of 3,750 square feet and a western addition of 3,600 square feet), a 14,300 square foot family life center, and 112 new parking spaces. In addition, the church incorporated Lot 1 of "Yoder Estates" into their property with the intention of constructing a new parsonage and a 1,000 square foot storage building. The Conditional Use Permit has five (5) conditions: 1. The existing property line that separates the existing church property from Lot 1 of "Yoder Estates" (also owned by the church) shall be vacated and a new plat put to record prior to the approval of the final site plan. 2. The architectural style, building materials, and colors of the 3,750 square foot classroom addition, the 3,600 square foot classroom addition and the 14,300 square foot family life center shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site. The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. KEMPSVILLE CHURCH OF CHRIST Agenda ItemS l?ag'~ .1 3. Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the property line behind the proposed parsonage adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated February 14, 2002. 4. The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on the proposed parsonage site. All garage style doors of the storage building shall face the existing church property. 5. Evergreen foundation landscaping, a minimum 18 inches in height at the time of planting and three (3) feet on center, shall be installed along the storage building fac;ade that faces Yoder Lane. Condition 2 specifies the size of the additions and, because of that, the layout of the site. A modification of the condition is necessary because the existing parsonage that was proposed to be demolished will now remain in its current location, and the site layout has changed slightly due to this. Since the parsonage will remain where is currently exists, the parking lot must be configured differently to account for this modification. Condition 3 references placement of landscaping in terms of the then proposed parsonage site and Condition 4 requires access for the storage building via the proposed parsonage site. As the applicant has decided to keep the existing parsonage in its current location, these conditions are no longer appropriate as worded. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church and parsonage with parking lot SURROUNDING LAND USE AND ZONING: North: . Vacant, single-family dwellings, swim club I R-1 0 Residential District . Parliament Drive, single-family dwellings I R-1 0 Residential District . Elementary school I R-1 0 Residential District . Open space, multifamily I PD-H2 Planned Development District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. The majority of the site is impervious although the vacant area is grassed. There do not appear to be any significant environmental features on the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. KEMPSVILLE CHURCH OFCHR'IST Agenda HeJr5 Pa9~? IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Parliament Drive in the vicinity of this application is a two (2) lane undivided residential collector. There are no long term plans for this road in the current MTP. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Parliament Drive 5,063 ADT I 6,200 ADT 1 (Level of Existing Land Use"- Service "C") - 9,900 ADT 1 379 ADT weekday (Level of Service "D") 1 ,526 ADT Sunday Proposed Land Use 3 - 344 ADT weekday 1,383 ADT Sunday Average Dally Tops 2 as defined by 41,650 square foot church 3 as defined by 37,750 square foot church, reduction of 3,900 square feet Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Evaluation: The property to the north is vacant but is zoned residential. Originally, a new parsonage was proposed to be constructed along the northern portion of the site, adjacent to the residentially properties. The revised site layout depicts the existing parsonage to remain, additional proposed parking, and a 25 foot by 40 foot storage building along the northern portion of the site. A reduction in the size of the yet to be built Family Life Center and in the number of parking spaces shown on the approved plan will be required in order for the existing parsonage to remain. The 14,300 square foot Family Life Center was approved in 2002. The current plan depicts a 10,400 square foot Family Life Center. There are 840 seats within the existing sanctuary, necessitating 168 parking spaces. The concept plan depicts 214 parking spaces, still well above the minimum requirement. Category I landscaping is depicted along this portion of the northern property line to aid in screening the parking lot and storage building. CONDITIONS 1. All conditions with the exception of Number 2, Number 3 and Number 4 attached to the Conditional Use Permit granted by the City Council on July 2, 2002, shall remain in affect. KEMPSVILLE CHURCHOF CHRIST Agendalt@1]1S Pag~ 3 2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the following: The architectural style, building materials, and colors of the 10,400 square foot Family Life Center and the Storage Building, as depicted on the plan entitled, "Kempsville Church of Christ, Preliminary Site Plan", prepared by The Spectra Group, dated June 2,2006, shall be substantially similar to the architectural style, building materials, and colors of the existing structures on the site. The elevations of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a building permit. 3. Condition Number 3 of the July 2,2002, Conditional Use Permit is deleted and replaced with the following: Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of Yoder Estates and along the west property line behind the proposed storage building, adjacent to the Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ, Preliminary Site Plan," prepared by The Spectra Group, dated June 2, 2006. 4. Condition Number 4 of the July 2,2002, Conditional Use Permit is deleted and replaced with the following: The proposed storage building shall be no larger than 1,000 square feet and shall be located on the site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby eliminating the need for an additional driveway on Yoder Lane. All garage style doors of the storage building shall face the existing church property. 5. The stormwater management plan shall be updated and submitted to the Development Services Center during final site plan review for water quantity and quality in accordance with the Public Works Specifications and Standards to include all new development and existing conditions. The stormwater management plan shall provide protection from detrimentally impacting all downstream receiving storm drain systems. 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 and Standards. 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. KEMPSVILLE CHURCHOF CHRIST Agendaltefrl 5 P~~~4 AERIAL OF SITE LOC~ll0N, KEMPSVILLE CHURCHOF CHRIST Agendalt~l"n 5 . Page. 5 ~\ " . .... l"i ~, ~;i< ;;rL->:7-L97L Nld;J jo01~l::! ';'!M~~\ ~ 1 ci5-7':.) ._.1..-_ -:.t.::.. L ---r .. - .,.. -...-.j. !.-.-! !y, ~~', [) I", . I. I ~ i.-,t.~.- .~;... --+.~~ ..-.;...-..' -.-j NV1d :ws AllVNIVfl3l:ld lSll:IHO ,00 H:>l:lfKl ~ ;::::::"--""'"d:.. ~ . i ~:h I '~'I :~ \~:: ~= i i i i-- '--1--\'- ! ir- "'4 .~m i()~ I~J l~,... ,.-i- < ~"'l.:j~1 L:2?~ ::;fr - ,.; ! ..,{v...:;.~~ ~=J '~-'l ~~ ~~#~ ~;. ~"~? I r....-..;_ 1./-::1 -- -=",,' t:::::::;m'";f .- , ! ; f- 'f-U ~ "t;." i i "'l."1 q: l . ':-1 'i ~l~l Ir~"~I'~-:. \ ) I "-', j'! t- ~t ' , !:,) I ., I t7 r,_~" ._) ..- .' ,.,.:~. '. 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" ...:.'. q. \;~-=::="t___;L::-~, ~~ .1/11 r...._. .~ -KtttIi, '" IT ./.tia11't'17Inr" PROPOSED SITE.PLAN KEMPSVILLE CHURCHOF CHalST Agendalt~rn 5 Page 6 M~pkf.~f tfs~ 1~ I-I i-- - 1 09-22-98 STREET CLOSURE Granted 2 05-29-90 CUP (substation expansion) Granted 3 07-02-02 CUP (church additions) Granted 07-13-87 CUP (church) 4 04-09-84 SUBDIVISION VARIANCE Granted 5 12-13-82 CHANGE OF ZONING (R-5 Residential Granted District to P-1 Preservation District) 6 09-27-82 CHANGE OF ZONING (R-5 Residential Granted District to R-8 Residential District with PD-H2) ZONING HISTORY KEMPSVILLE CHURGHOF CHRIST Agenda Item 5 Pag~7 Item #5 Kempsville Church of Christ Modification of Conditions 5424 Parliament Drive District 2 Kempsville November 9,2006 CONSENT Janice Anderson: The next matter is Kempsville Church of Christ. It is an application for Modifications to a Conditional Use Permit that was approved on property located .at 5424 Parliament Drive in the Kempsville District. Is there a representative? Chris Taylor: Chris Taylor with the Spectra Group representing the applicant. Janice Anderson: Have you reviewed the five conditions that have been placed and are they acceptable? Chris Taylor: Yes. They are. Janice Anderson: Thank you very much. Is there any opposition to this item being placed on the consent agenda? The Chairman has asked Henry Livas to review this matter. Henry Livas: The Modification of the Conditional Use Permit for a church previously was approved by the City Council on July 2, 2002. Originally, a new parsonage was proposed and was to be constructed along the northern portion of the site. This modification request is required since the revised site layout depicts the existing parsonage to remain. Additional parking in a 25 foot by 40 foot storage building along the northern portion of the site. The 14,400 family life center remains in the revised project, also the new classrooms remain in the project. The architectural style building materials and colors will be substantially similar to the existing structures on the site. Therefore, we recommend approval of the requested modification of the existing Conditional Use Permit. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item #5 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE Item #5 Kempsville Church of Christ Page 2 BERNAS CRABTREE HENLEY KATSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE AYE ABSENT AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item #5 for consent. 'i. \l1 ~ ~ \iji '& ~ 11) <3 I.) 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'" .. ,o.~.!~ ~1l .. ~>4'\-.~ d ~~ '" ~. ~ ,,~ .- ". .,. ~~~t~ Ji\. ~~. ~.~ ~ tH ,- H '6.; ~ to"':: t\,"'" ~'i,c. ".,-' \....l~ i~\~ .,z.$ ~ ' ,g .~ ll~"" <;;\\ .. \' .'~ \ ~~~ \"5.~ c.~~~~s \.s" :1!1l. \~ ~.,- \"~'. . 2_ ... 0'." ,. 0' ,- . · ~~~_. i:~J:~._ ~H _ ~i~~~ \ ~~.. \l. l> ~ ; _ ~ ~~ _ H~ n \ · ! i " % -:-- ~ \ " ...' \\,.., \ n~ un \ 1\ \ ~\ \\ =~ \ l :a~~Qs ..,g----i \ga ~a.\5~-; ,.\~~ \..."fj, ~~g "_ _<' ,&" ..u-- -' .~~ o~... ~. \ \"0 ,.,,- \' >: 0'" \{Ou.;nni~ !~~oui~o') io \{O\1.V)\!\l\Olt , OlSC\..OSURE S"~l~~'f KE.MPSVILLE. C\-\I.lRC!,OI' c\-\I1'JS p..genda \tetn e~gE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of the City of Virginia Beach Public Schools for a Conditional Use Permit for replacement of the existing buildings located at 233 North Witchduck Road with a new Secondary Alternative Education Academy Complex (GPIN 1467758167 - portion of). DISTRICT 2 - KEMPSVILLE MEETING DATE: December 5, 2006 . Background: This site has been utilized as a school since 1938, when it was first established as the Princess Anne County Training School by a group of parents who wanted to give their children an education that was denied to African-Americans by white county officials. This school later became the Union Kempsville High School. After Virginia Beach City Public Schools integrated, the building was altered to accommodate other school division needs. Currently, a portion of the structure houses the School Plant and the Center for Effective Learning, a middle school alternative. . Considerations: The applicant proposes to demolish the existing buildings and parking on the south portion of the parcel. The various buildings on the north side of the site will remain. A new two-story 285,750 square foot Secondary Alternative Education Academy Complex will be constructed on the site. The facility will house a middle school and high school along with various other school programs. The complex will have two separate bus loading areas, parking for 305 cars, a general- purpose outdoor physical education area, and two greenhouses. Approximately 120 employees will staff the new building. The hours of operation will be from 7:00 am until 9:00 pm, Monday through Friday. The site has historical significance, particularly with the African-American community. Thus, a committee consisting of graduates of Union Kempsville High School, local historians, educators and school system personnel met for several months to plan how best to recognize the contributions of the schools and its graduates. With input from the committee, design professionals have included in the plans for the new school a replica of the Union Kempsville auditorium and an exhibit area to pay tribute to Union Kempsville High School. The proposal is in conformance with.the Comprehensive Plan's recommendations for this area. The use permit will allow modernization of the facilities on the site and provide improved recognition of the historical significance of Union Kempsville High School. City of Virginia Beach Public Schools Page 2 of 2 The Planning Commission placed this item on the consent agenda because the new facility will provide modern amenities to the students while highlighting the historical roots of the site, the proposal is consistent with the Comprehensive Plan's recommendations, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Virginia Beach Alternative Education Facility Preliminary Site Plan" dated 01 Sept 06, prepared by McKim & Creed. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted schematic elevations entitled "Alternative Education School Virginia Beach City Public Schools" dated 10-16-06, prepared by Rodriguez Ripley Maddux Motley Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. A photometric (lighting) plan is to be submitted and approved during the City of Virginia Beach plan review process. 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~ CityManage~) K- dell"1. CITY OF VIRGINIA BEACH PUBLIC SCHOOLS Agenda Item 8 November 8, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a public school. ADDRESS I DESCRIPTION: Property located at 233 North Witchduck Road. GPIN: 14677581670000 portion of COUNCil ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 27.23 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to redevelop this site for the purpose of constructing a new Secondary Alternative Education Academy Complex. This site has been utilized as a school since 1938, when it was first established as the Princess Anne County Training School by a group of parents who wanted to give their children an education that was denied to African-Americans by white county officials. This school later became the Union Kempsville High School. After Virginia Beach City Public Schools integrated, the building was altered to accommodate other school division needs. Currently, a portion of the structure houses the School Plant and the Center for Effective Learning, a middle school alternative. The applicant is proposing to demolish the existing buildings and parking on the south portion of the parcel. The various buildings on the north side of the site will remain. A new two-story 285,750 square foot Secondary Alternative Education Academy Complex will be constructed on the site. The facility will house a middle school and high school along with various other school programs. The complex will have two separate bus loading areas, parking for 305 cars, a general-purpose outdoor physical education area, and two greenhouses. Approximately 120 employees will staff the new building. The hours of operation will be from 7:00 am until 9:00 pm, Monday through Friday. As noted above, this site has historical significance, particularly with the African-American community. Thus, a committee consisting of graduates of Union Kempsville, local historians, educators and school system personnel met for several months to plan how best to recognize the contributions of the schools and its graduates. With input from the committee, design professionals have included in the plans for the CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agenda I tern 8 PCiQe 1 new school a replica of the Union Kempsville auditorium and an exhibit area to pay tribute to Union Kempsville High School. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: . Retail shops / B-2 Community Business District . Across Cleveland Street, bank / I -1 Light Industrial District . Across Witchduck Road, auto sales / 1-1 Light Industrial District . Industrial and office uses / I -1 Light Industrial District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site consists of an alternative school with athletic field and parking areas. There are no natural resources on this site. This site has a historic marker commemorating the legacy of Virginia Beach's only school for African-Americans. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master Transportation Plan proposes a six-lane divided facility within a 130 foot right-of-way. A Capital Improvement Program project is slated for this area (CIP No. 2-025). The Witchduck Road Phase II project involves the improvement of Witchduck Road from 1-264 to Virginia Beach Boulevard, creating a six-lane divided facility with aesthetic improvements. Currently, construction is scheduled between 7/2012 and 7/2014. Cleveland Street in the vicinity of this application is considered a two-lane undivided local street. A portion of this roadway will also be affected by the Witchduck Road Phase II project. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume N Witchduck 43,865 ADT 1 14,800 ADT 1 (Level of Existing Land Use"- Road Service "C") 1 ,969 ADT 22,800 ADT 1 (Level of Proposed Land Use 3 - Service "D") / capacity 3,811 ADT 27,400 ADT 1 (Level of 651 Peak Hour Vehicles Service "E") (entering) Cleveland Street 6,609 ADT 1 6,200 ADT (Level of 407 Peak Hour Vehicles Service "C") - (exiting) 9,900 ADT 1 (Level of Service "D") / capacity -" CITY OF VIRGINIA BEACH PUBUC SCHOOL Agenda Item 8 Page 2 1 Average Daily Trips 2 as defined by existing school 3 as defined by middlelhigh school Within the current design plans for the Witchduck Road Phase II CIP, the site entrance located on Witchduck Road will be restricted from a full-access entrance to a right-in/right-out entrance only. There is a provision to incorporate a left-in-only movement from northbound Witchduck Road within the current CIP design; however, this movement was only allowed to accommodate the existing parking lot layout. With the reconstruction of the school site, the median opening will be closed completely. WATER: This site has an existing 4-inch water meter (Meter #01163469) that may be used or upgraded. There is a 12-inch City water main on Cleveland Street and an 8-inch City water main on Witchduck Road. SEWER: This site connects to City sanitary sewer. Analysis of Pump Stations # 352,257 or 356 (dependent upon the connection point) and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City sanitary sewer gravity main on Cleveland Street and an 8-inch City sanitary sewer gravity main at the intersection of Cleveland Street and Witchduck Road. There is a 10-inch City sanitary sewer gravity main along Witchduck Road near the intersection of Virginia Beach Boulevard. PARKS & RECREATION: Coordination between the Department of Parks and Recreation and the School Administration is necessary for a smooth transition of programs and user groups during the development of this proposed facility. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The request for a public school at this existing school site does not present any land use concerns that depart from the Comprehensive Plan policies established for this portion of Strategic Growth Area 4, specifically, the West Pembroke sub-area. Evaluation: This proposal is in conformance with the Comprehensive Plan's recommendations for this area. The use permit will allow modernization of the facilities on the site and an improved recognition of the historical significance of Union Kempsville High School. CONDITIONS 1 . The site shall be developed substantially in accordance with the submitted site plan entitled "Virginia Beach Alternative Education Facility Preliminary Site Plan" dated 01 Sept 06, prepared by McKim & Creed. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted schematic elevations entitled "Alternative Education School Virginia Beach City Public Schools" dated 10-16-06, prepared by Rodriguez Ripley Maddux Motley Architects. Said plan has been exhibited to the VirgiRia8e~cb. CITY OF VIRGINIA BEACH PUBUC SCHOOL Agendalter-n8 PageS City Council and is on file in the Virginia Beach Planning Department. 3. A photometric (lighting) plan is to be submitted and approved during the City of Virginia Beach plan review process. 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 and Standards. 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. CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agendaltetn8 Pag~.4 AERIAL OF SITE LOCA tIOl'f, ' CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agenda Itern 8 P~ge5 '- !$I II) <: ~ c> z... "';;I ~ ~<.> ~~ ~~ ~ ...... iii lZI~ i :S=' <: z '" * ~ ~ s ... t~ ~ if <t.n I..., hti '. I iH . .) gO >0 --:------.----.~~~:.~..~TfJ..., ::~--:':i:.-:.'.7';:::;:.:~~ ... EXISTING SITE 'PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agenda lt~rn8 Pqg~ 6 + I "''/.-i . II ~ I '"" " ,i~ ~ m ' t PROPOSED SITE PLAN CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agenda Jterp8 PCige 7 ~I)O. ::. ....:: ~ 1:: -;::; .::a . ~ 1 1 '" \ j 'l \\ l \ \ ... ~ t ... -q ~ ~ .~ ~~ ~\ PROPOSED B\l\l.D\NG El.E'I~1\Olil ern Of \/IRGINI" eE."el-l p\j1'l\.,le sel-l4)C j\geoda \te~ p~g~ 1 02/12/02 Conditional Use Permit (communications tower) Granted 03/14/00 Street Closure Granted Conditional Use Permit (automobile sales/ service) 2 02/22/00 Conditional RezoninQ from 1-1 to B-2 Granted 3 02/01/00 Conditional Use Permit communications tower) Granted 4 09/28/99 Conditional Use Permit automobile sales/ service) Granted 5 06/09/98 Conditional Use Permit communications tower) Granted 6 03/14/95 Extension of a nonconforming use Granted, 7 06/09/92 Conditional Use Permit (recreational vehicle sales, Granted service & storage) 8 11/13/90 Conditional Use Permit (expansion of new & used Granted automobile sales) 9 03/26/90 Conditional Use Permit automobile sales/ service) Granted 10 06/27/88 Street Closure Granted ZONING HISTORY CITY OF VIRGINIA BEACH PUBLIC SCHOOL Agenda Item 8 Page. 9 -g -e ~~. ~~ i2 ~'f;'%, "'~~ '~t;.a ~'Oi ~~1 !~~ ~e _ ",_0 ~ ~ E ~ ~:iI :I~ Is1 :9 o-~ ~'~ ~ 2~g' .,~" ~;;o''::; .s-e% a:~-S -;i%" ~~~~ ~ ~ S....s<e -e ~Ii' I " . - .. ,-,. ~.~. 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S '" 'Og z~ ..!!.!:! -'" c'" ~~ 0.." liS <lie .s&. ~~ '6,S "'s ~- "," 8% f;:' 0; ,s o ,j, '0 ~ w~ ~ ~~ ~ ~~ '0 dE ~>. ~~ ~~ co:. (: 'tn ~'.a t)~ ~4J -5~ 4. 't Ii;;' S2.-t::i:i>.,,- i ~"\ ~ ~ ~c.s.s" .g:g ]. ~ 'a....$. %:,s~ ost:~ u9c"ii '" %~D. .It! 0"" ~ ~ V. %,'lU (o-GO)~ '\~~~ :'E~ ~ .s ;...;1. 0. ";,;; o.~ c-< (} 'i w ~ ~ 'm w IX. ~ S u U') '5 <ti z\ \ >et,V" ~;~ \\~ \'"\ '; ;s " \ s '" i s ~ J:l ~ ~ , ,9- ~ S .;: ~ \ \ \ \ \ ~ \ .2 ~ '0 0- S .. I- o Ze .~ ~ ~.~ ~c o~ ~o ~~ B~ "'0 .,0. ~% ~..~ ..'" J:;eJ 1,s ~':: <.)0 \ :t f. it ~ so.~ --....'":$ \~~ ut 1..>0..'" o o O\SCLOSURE S"A,.~~Q"I crn Of "1f\GINII\ BE.I\CrI PUBLIC \,!CrlOOI Agenda \tef(\: Pa..ge ~ Item #8 City of Virginia Beach Public Schools Conditional Use Permit 233 North Withduck Road District 2 Kempsville November 8,2006 CONSENT Janice Anderson: The next matter is agenda item #8, which is the City of Virginia Beach Public Schools. This is for a Conditional Use Permit for public school located on property at 233 North Witchduck Road in the Kempsville District. Welcome. Tony Arnold: Good afternoon. I'm Tony Arnold, Director of Facilities for the School Division. We are familiar with the conditions and accept it. I'm very excited about this project. Janice Anderson: Thank you Mr. Arnold. Tony Arnold: Thank you. Janice Anderson: Is there any opposition to this application being placed on the consent agenda? The Chairman has asked Henry Livas to review this matter. Henry Livas: This request is for a Conditional Use Permit for a new secondary Alternative Education Academy Complex. The site has been utilized as a school since 1938, when it was established to give African-American children an education that had previously been denied by white county officials. The school later became the Union Kempsville High School. The project will provide a new two-story 285,750 square foot school on the site after demolition of existing buildings on the south portion of the site. The facility will house a middle school and a high school along with various other school programs. The project will include a replica of the Union Kempsville Auditorium and an exhibit area in recognition of the sites historic significance. Therefore, we recommend approval of the Conditional Use Permit. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item # 8 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE Item #8 City of Virginia Beach Public Schools Page 2 BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIV AS RIPLEY STRANGE WALLER WOOD AYE AYE ABSENT AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item #8 for consent. \ \ I L, I J R-\O c;:J Cup for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Carpenter's House Ministries for a Conditional Use Permit for re-use of an existing building as a church on property located at 980 Broad Meadows Boulevard (GPIN 1468645411). DISTRICT 4 - BAYSIDE MEETING DATE: December 5,2006 . Background: . The applicant requests a Conditional Use Permit to allow redevelopment of the site for a church. The existing building was built in 1990 and contains 6,133 square feet. It was previously used as a bar and restaurant. . Considerations: Church services will be conducted on Sunday from 10:30 am to 12:30 pm, Wednesday evenings from 7:00 pm to 9:00 pm, and one Saturday a month from 12:00 pm to 2:00 pm. There are currently 75 members in the church. There is ample parking to support the use. One employee will be on site daily. No changes will be made to the building. The proposal is in conformance with the Comprehensive Plan's recommendations for this area and with the adjacent residential neighborhoods and business areas. The use provides a welcome redevelopment of this site for a use more compatible in nature to the adjacent residential community than the previous one. The Planning Commission placed this item on the consent agenda because the church use is consistent with the recommendations of the Comprehensive Plan, there was no opposition to the request, and the proposed use is more compatible to the adjacent residential areas than the use that previously occupied the site. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following condition: All necessary alteration permits and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building for a church. Carpenter's House Ministries Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~ CityManager~\' \L, 6z3~ CARPENTER'S HOUSE MINISTRIES Agenda Item 7 November 8, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for reuse of an existing building for a church r'lr;"::'~:::~~;:, i ipD-H2 ; I (A-12) " \~~(~~.~~~~~:.. ' PD-H2 (A-12) R-IO ADDRESS I DESCRIPTION: Property located at 980 Broad Meadows Boulevard GPIN: 14686454110000 COUNCIL ELECTION DISTRICT: 4 - BAYSIDE SITE SIZE: 26,500 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow redevelopment of the site for church. The existing building was built in 1990 and contains 6,133 square feet. It was previously used as a bar and restaurant. It is the applicant's intent to occupy the building as a church. Church services will be conducted on Sunday from 10:30 am to 12:30 pm, Wednesday evenings from 7:00 pm to 9:00 pm, and one Saturday a month from 12:00 pm to 2:00 pm. There are currently 75 members in the church. There is ample parking to support the use. One employee will be on site daily. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A vacant building - previously the Par Five Bar and Grill. SURROUNDING LAND USE AND ZONING: North: . . South: . East: . West: . . Wesleyan Drive Across Wesleyan Drive is the Traditions at Cypress Point / PD- H2 (R-5D) Hillcrest East Apartments / A-18 Apartment Future Southmoor Village of Ridgley Manor / PD-H2 (A-12) Broad Meadows Boulevard Across Broad Meadows Boulevard are Hillcrest Nqrthand CAPENTER'S HOUSEMINISTRIES Agenda Item 7 Page 1 Carriage House Apartments / A-18 Apartment NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Broad Meadows Boulevard is a two-lane undivided residential collector. Traffic Engineering does not anticipate any adverse impacts to traffic flow as a result of this request. WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School population is not directly affected by the request. Recommendation: Staff recommends approval of this request with the condition below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan map designates this site as being within the Primary Residential Area. The Comprehensive Plan recognizes limited commercial or institutional activities providing desired goods or services to residential neighborhoods are considered acceptable uses within this area. Evaluation: The proposal is in conformance with the Comprehensive Plan's recommendations for this area and with the adjacent residential neighborhoods and business areas. The use provides a welcome redevelopment of this site for a use more compatible in nature to the adjacent residential community than the previous one. CONDITIONS 1. All necessary alteration permits and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building for a church. CAPENTER'S HOUSE MINISTRIES Agenda Item 7 Rage 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. W" CAPENTER'S HOUSE MINISTRIES Agenda Item 7 Pa.ge,3 AERIAL OF SITE LOC. ATION' . ..... ..., CAPENTER'S HOUSEMINJSTRIES Agenda I tern 7 Pag~4 , , THIS IS TO CERTIFY 'THAT I ON 07/17/06 SURVEYED THE PROPERTY SHOWN ON THlS ?LA T AND lHA T THE TIlLE UNES AND lHE WALlS OF lliE BUILDINGS ARE SHOWN ON TrllS PLAT. THE 8UILDINGS STAND STRICTLY \IllHlN lHE 11TU: UNES AND lHERE ARE NO ENCROACHMENTS Of OlHER BUILDINGS ON lHE PROPERTY EXCEPT AS SHOWN. , PARCEL C 11lD' PRIVAlE DRAINAGE EAStMENT ! r r=- G:IN: ~468-_64-9~~(U~. 207~PG. 5~ &: 5:5~ _~ I " I '5' S-S-l...t 12" PRlVAlE DRAINAGE EASEM;:r1 I' I I r- _ ...:= _ _ _ ...QA.~7. P~5~ 53) ~ ~ , I @5.0.11.H c. I' S 01 '14" E 15aSO' " SJl.ll.H PIN I: I 70.4' I w""17 FOUND ; . 15.SI I.)r-. z I ~T d )- g ;; ~IIO 1E~~ I 81 ~ ~~ ~ ~ I~IN ~t-r' U) -.t' 0:: . l' I ',~. o:r:~ ~da:! rD.L ~ z~e. --' U)l.2' 0 ELEC. n....s. 15.S 38.00'1818I \ N 01"24'18" W , . ..~ . - - ~t;. ....:.;;;;t;. - ill ~: ~:~ i ~ --::---, r- s.~c.o. Oi~",~:t;; ~ L- -+ lll""'a::"'n I -- ~<ci<l:a:i~ ---.. SPHALT -- -=i~iYEAsEuENT ~II-= ~ ~~ a. i=>Sh1.7fi ~RFACE P ;~d;O~' : 52 &: 53T i t;i :<:/'" ~, -(i-'" .---..-0 ,;:> p.HT'~lln I !ml'a -;. O.L . :1~~11~~6~sn1 _I ',U ~ ../ ~: . "J f 154j C>~ i (td.B. 207~~. '~~ ;.~;' '\ o"if;;'~-', .. \ \. '~(~t' C.:':;.... \ SHRUB ~~ , 6C \ \. ~ 15' U1lUlY EASEMENT ?1.~'~' \ \ rll~ 4 11' (M.B. 207. PG. 52'" 53) ~ : "'~, \ Ar:J!:F ~ ~'O. ,"A"l[llllEWl '. ~ \ \,: v/Y.A.T , -"" p,\ .91' '- I' NO INGRESS/ PHYSICAL SURVEY -- ~.,;3 EGRESS EAStMENT OF .... (IA.B. 207, PARCEL A' ____ PIN FOUND PC. 52 &: 53) ~ 20' UnUTY EAStMENT SUBDIVISION OF (tA.B. 207, Pc. 52 & 53) CYPRESS PLAZA SHOPPING CENTER VIRGINIA BEACH. VIRGINIA FOR CARPENTERS HOUSE .... ~ ~ ... ~ ...:;;- """' < ~oll 0::'" ell> ~<:i <0- > - _r-- .~~ I bai .. ;~ 2-STORY BLOCK BLOC. #980 SIGNED ---l I , I , , I , I I. , I I '" ... Ul m'" I ..J~ WI 0'" o:::~ <(~ 0..... z c:: " '" '" ASPHALT SURFACE co I") ..,. UCll I ....J~ WI UCO o:::~ <(- n..... z 0: " .. BROAD MEADOWS BOULEVARD SOUTH (VARIABLE W1DlH RfW) (S.H.P.B. 7, PG. 38A) (M.B. 86, PC. 3&) SHEET 1 OF 2 SEE SHEET 2 FOR NOTES FLOOD ZONE INFORMATION: ACCORDING TO F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.!.R.M.), THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHiN FLOOD ZONE(S) "XU COMMUNITY PANEL NO. 515531 0016 E MAP REVISED: 12/05/96 BASE FLOOD ELEVATION - GRAPHIC SCALE t1!h ROOD ~ -:L-JO ~ LAND SURVEYING. P.C. SCALE: W. W.L. 5737 BARTEE STREET TEL: (757) 466-1111 DATE: NORFOLK, VA. 23502 FAX: (757) 466-9384 REF: N/A PROPOSED SrJ'E"Pi.AN~, CAPENTER'S HOUSEMINISTRIES Agenda I tern 7 Page 5 EXISTING BUILDING .~ CAPENTER'S HOUSEMINISTRIES Agendalt~tp 7 . Pag~6 =~ ~ ~ Cf,\) 8:] B-2;) PD-H~A -12) CT. R-IO A-18 ~ Cup for Church 1 . 10/12/04 Rezoning (B-2 Business, A-12 Apartment, R-15 Residential, Approved and R2.5 Townhouse to Conditional R-5D Residential, A-12 and A-18 Apartment with a PD-H2 Planned Unit District Overla 2. 3/11/97 Rezonin B-2 Business to Conditional A-12 A artment ZONING HISTORV~' CAPENTER'S HOUSE MINISTRIES Agendaltem 7 f?:~ge7 l~g \"&'" "'~ ~1!0 il\ \ Q! i"''el <II };!'6 01 ...1'.1l> .-. .' ~. ~ .,,,. U .::-.. ,..... a ~i~ '$,,'00-'; ~ '4;"' i&l~~~ <lI,c:-' .1 .~e · .~z .~.--. ~." .,__ ~s' _",~.,,'ll'~ ..... ~.. ..' ........... ;. ~'iI'.~. ". .f.':' 6!dl'" ."1 6'''~ \1t 'Ali\\ :;'i\H\~U~~ .Ul .n ~~i tih-ll'~'ilh i!li ! . . ':.. . _ ;;, h .. ~.. · · ...;; .~, "i'" ' ,,\-- · ,8 .....~. ~,,~! l\!\ .. .~~ iO~~ .~,,!l ll\1'~ -"1''" ....iilf.l.~ tS'" " l' U' ..,Ii"'''''''' .lli~ 'g'i.i~ ~\~ ~;;lil\'Ud"l~ 1\';;": · ~iH t.1 't~l~i ~'i%'i. I\U' \ ~'U\ HI \Wil. i-~ \,U'; \ ~\\l \r~i iil'~\~\~~i ~~~~~ ' aliH _l\l'l. Ii'; ...H0 H"'t" l it;..' ~li~'\ z~H'"\ i~"~ · ..lS ." .. u ...ult.0 .... - ~~. ~~ ".'."ill ~",,'~'. -.a~' \ ~w~:: .'%~ ....\i\~t~~- %~. ~ ~ "~,, L .lili.. 'il" h~"'" i'" ~6. · ' .~.' ~ ~...~ .;::;....6....0 .."is "Q~~ 1.- !'6-oJ ~.iJi~.!!l.\:;;..~.6.. ,._111 i ~\l_"', t.t.. ~~!~ .."...... ....... · ._ _ . .t.. ... '.l\"~ ~.lo- ~ ~~n - \~\ "\\~i\'i,~Ut ~h~~ t · ~O\l~nA~ ll\\til i%t\ ~O\~~OJ . ~ .s ~ P ~ "" 1 ~ (l.. lz U1 ~ ~ 'U1 '& i <3 ~ "5 .... :z; ~ .4) \~ ~ ~ J;;. 1 '" ~~ ""'" o~ ~~\ ~= :g~ ~J::. ~~ %.~ te~ l~ ,c:"O. "tii' ~~ 'I/J~ 1.~ ~~ ~~ 9- :)~ pc; =i~ ...'" ~~ ....- ... i '" '% ~ % f; ,%0 ~ ~'5 ~ -a.'!j ~ w!~ ~ ~ c ~ "O~ (/)g,p ",,,, <3l€.%'i ~i ~~ Ci~ !;;, ~":' - ~ ~~t:"~~ ~ 't ~f; ~ ~ ~~~ g~ et. ~"ii ,- we. % 0.0;. - ~""O'" 8 2:> t> .s '4; ci 0.<:",1'0;1""0> o.!!l~% . gietl '$%~\~ .~t~ 0.0:: ~ % ~~ i %.o.o~~ a!'~""- 0"'" G ~ Q-:;;~~ '0 ci. .~ a € ~ ~ '1% \ It! I- o %e .~S -'" '! .t: t~ t~ .. \l 1"_ ';~ IS ~~ ~ ~ c:. ~' e1."W, ~ !., '\ \t ~ o i c .~ .P 1 t (\1 g: '0 ~ 0. :;; a ~ ~ - "W, i lii ~ ~ ~ o ii ~ l \11.$ 0 ~ ~s ~ ''> S~ 'S < ;;s - ~~.~ ~~ <;'" ~ -~ !~ o .Q. (I> 't> -..) !i~ f;'" 4$ .!i~ ~~'l ~ o.o.'i .<: G.;;. c:: 0 <> -$~ '" \~:.~ ",-o.%! ~~~% c;, .. to u; '4; ""c ~";. ....0.- ",e'. ~ oT"" ~ ~ .~ ~ \ 0. i. g <'Ii '5 .~ .. l-<;;. ~~ j').~ -ai ~~ ~i '" ~~ ';~ !% ry. ,<:l '0(\ ,n \ " \J \;i ~l\ )",..~ 'i ~ Ul ~ ~ '& .i S \,) \! o ... O\5C\.05U~e. 51 />.l~Nl Cp-pE.~iE.P,'S \-lOUSe; t<I\~\Si~\1 Agenda \tefl pa~ Item #7 Carpenter's House Ministries Conditional Use Permit 980 Broad Meadows Boulevard District 4 Bayside November 8, 2006 CONSENT Janice Anderson: The next matter is agenda item #7. It's an application of Carpenter's House Ministries. It is for a Conditional Use Permit for a church located on property at 980 Broad Meadows Boulevard in the Bayside District. Is there a representative from Carpenter's House? Okay. The matter was placed on the consent agenda with one condition. The Chairman has asked Ron Ripley to review this matter. Ronald Ripley: This is also in the Bayside District. It is an existing building that was built as a bar. It fitted in as an out parcel in a shopping center on Wesleyan Drive. Actually this one faces Wesleyan and Broad Meadows Boulevard. It has been an area of problems. There have been some issues with violence at this location, and some other things that have caused some real problems. The owner is trying to reuse it for a number of different ways. Weare well pleased to see a church have an interest in it. The neighborhood has written a letter in support of it. It received very little resistance, I think from staff, and the Commission is certainly glad to see this. Janice Anderson: Thank you Mr. Ripley. Before, I go forward, I want to make sure there is no opposition. Mr. Chairman, I make a motion to approve item #7 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item #7 for consent. CUP for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Holland Road Baptist Church for a Conditional Use Permit for a church on property located at 4881 Euclid Road (GPIN 1477129282). DISTRICT 2 - KEMPSVILLE MEETING DATE: December 5,2006 . Background: The applicant requests a Conditional Use Permit to allow expansion of an existing church consistent with a master plan submitted with the application. The existing simple single-story brick building with an asphalt shingle roof has been used as a church since City Council approved the original use permit in 1966. . Considerations: The u-shaped footprint of the existing church building is centrally situated on the property with sufficient area to expand. Existing parking areas are located along both sides and rear of the building. A large grassy area in the front of the existing building is more than adequate in size for the expansions and additional parking as required by the phased design. The proposed master plan will be constructed in four phases. The church has not yet established a timeline for Phases II, III and the Future Sanctuary; phases will be constructed as funding becomes available. Parking, landscaping, and a stormwater management facility will be installed as required by City ordinances. . Phase I is the construction of a 3,677 square foot building addition which will include a welcome center, restrooms and multi-purpose rooms. . Phase II is the construction of a 979 square foot addition which will include a lobby area and office. . Phase III is the construction of a 1,897 square foot addition which includes offices, kitchenette and work rooms. . The Future Sanctuary is a 4,377 square foot expansion to the church sanctuary to provide a maximum of 400 seats. The proposal is consistent with the Comprehensive Plan's recommendations for this area in regard to both the site and building design and to the use. The proposed expansion utilizes brick and roof shingles similar to the existing structure but incorporates larger expanses of glass providing a contemporary edge to the otherwise traditional design. The design is appropriate for the residential neighborhood adjacent to this property. Holland Road Baptist Church Page 2 of 2 The Planning Commission placed this item on the consent agenda because the design and use are consistent with the recommendations of the Comprehensive Plan, the proposal represents a high-quality renovation of the site and building, and there was no opposition. . Recommendations: The Planning Commission passed a motion by recorded vote of 10-0 to approve this request with the following conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Holland Road Baptist Church Conditional Use Permit Schematic "dated August 2006, prepared by Engineering Resources Group, L.L.C.. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.. 2. The building shall be constructed substantially in accordance with the submitted rendered perspective and front elevation entitled "Holland Road Baptist Church, Virginia Beach Virginia" dated August 16, 2006, prepared by Barnes Design Group, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The two existing trailers on the site shall be removed from the site after the completion of Phase III. 4. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. 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 Departmen'--- City Manager: ~ . ~ iJI'>t HOLLAND ROAD BAPTIST CHURCH Agenda Item 1 0 November 8, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for additions to an existing church. ADDRESS I DESCRIPTION: Property located at 4881 Euclid Road. GPIN: 14771292820000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 2.22 acres or 99,791 square feet The applicant requests a Conditional Use Permit for a master plan that includes building expansions to an existing church. SUMMARY OF REQUEST The existing simple single-story brick building with an asphalt shingle roof has been used as a church since City Council approved the original use permit in 1966. The u-shaped foot print of the existing church building ;s centrally situated on the property with sufficient area to expand. Existing parking areas are located along both sides and rear of the building. A large grassy area in the front of the existing building shall incorporate the church expansions and additional parking as required by the phased design. The proposed expansion utilizes brick and roof shingles similar to the existing structure but incorporates larger expanses of glass providing a contemporary edge to the otherwise traditional design. A tall steeple rises above a gabled roof end of the first expansion phase, accenting the symmetry of this addition. The additional phases continue to maintain a well-balanced scale and proportion for the building and site. The proposed master plan will be constructed in four phases. Currently, there is no time line established for Phases /I, /II and the Future Sanctuary, being constructed as funding becomes available. Parking and a stormwater management facility will be installed as required by City ordinances. · Phase I is the construction of a 3,677 square foot building addition which will include a welcome center, restrooms and multi-purpose rooms. · Phase II is the construction of a 979 square foot addition which will include a lobby area and office. · Phase III is the construction of a 1,897 square foot addition which includes offices, kitchenette and work rooms. ., HOLLAND ROAD BAPTIST CHURCH Agenda IteratO P~g~ 1 · The Future Sanctuary is a 4,377 square foot expansion to the church sanctuary to provide a maximum of 400 seats. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church SURROUNDING LAND USE AND ZONING: North: · Across Euclid Road are single-family dwellings / R-7.5 Residential District · A corner of the site backs onto Blackfoot Court with single- family dwellings / R-7.5 Residential District · Undeveloped land / R-7.5 Residential District · Single-family homes / R-7.5 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: This site has a few trees at areas along the perimeter. The site has a no known significant cultural features. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid Road in the vicinity of this application is considered a two-lane minor urban arterial. No Capital Improvement Program projects are slated for this area. The Virginia Department of Transportation in cooperation with the Federal Highway Administration has initiated an improvement project for several of the 1-264 interchanges, including the Independence Boulevard interchange. At this time, the Interstate 264 Corridor Study has been developed to consider alternatives for interchange improvements. As a result of these alternatives, the Holland Road Baptist Church property is expected to have some impacts. Currently, these impacts are limited to the parking lot on the southern end of the property; however, a final alignment has not been determined for the project. Therefore, impact limits may be altered. The current status of the Interstate 264 Corridor project is "Requested but Not Funded." TRAFFIC: Street Present Present Capacity Generated Traffic Name Volume Euclid 7,482 ADT 1 7,300 ADT (Level of Existing Land Use --z - 237 ADT Road Service "C") Proposed Land Use 3 - 372 ADT 10,700 ADT 1 (Level of 102 Sunday Peak Hour Vehicles Service "D"/Capacity) - entering and exiting (build-out) . Average Dally Tnps 2 as defined qy church 3 as defined by existing church plus all phases qt,.the mast~r.plan HOLLAND ROAD BAPtiST CHURCH Agenda Item 10 Pqge2 WATER: This site has an existing 1-inch water meter (Meter #95030577) which may be used or upgraded. There is a 4-inch City water main in Blackfoot Court. There is a 10-inch City water main in Euclid Road. SEWER: This site currently connects to the City sanitary sewer. With the new building additions, analysis of Pump Station #465 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an a-inch City sanitary sewer gravity main in Blackfoot Court extending into a 15-foot utility easement. There is an a-inch City sanitary sewer gravity main in Euclid Road. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The Comprehensive Plan recognizes limited commercial or institutional activities providing desired goods or services to residential neighborhoods are considered acceptable uses within this area. Evaluation: In sum, the church, with the phasing of development as proposed, is consistent with the Comprehensive Plan's recommendations for this area in regard to both the site and building design and to the use. The exterior building materials proposed reflect the materials used on the original structure. The design is appropriate for the residential neighborhood adjacent to this property. Therefore this proposal is recommended for approval with the conditions below. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Holland Road Baptist Church Conditional Use Permit Schematic "dated August 2006, prepared by Engineering Resources Group, L.L.C.. Said plan has been exhibited to the Virginia Beach City CoLincil and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted rendered perspective and front elevation entitled "Holland Road Baptist Church, Virginia Beach Virginia" dated August 16, 2006, prepared by Barnes Design Group, P.C. Said plan has been exhibited to the Virginia Beach City Council and is on f;le in the Virginia Beach Planning Department. 3. The two existing trailers on the site shall be removed from the site after the completion of Phase III. HOLLAND ROAD BAPTIST CHURCH Agendaltem 10 Page 3 4. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning Department. 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 and Standards. 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. HOLLAND ROAD BAPTJST CHURCH Agenda Iterrl.1 0 Page 4 AERIAL OF SITE LOCATION' HOLLAND ROAD BAPTiST CHURCH AgendalternJ 0 Pag~ 5 tl l~.! ~~~ ~ct} <r"*d~i~ ~~:t ~ . ~ 1 .(). ~. It :~ ~l ~. .~ I\... '- ~ ~ , u"un' \ \ \ 1\ J 1 1 i !\\~i\!\\il~ \\\iiiiii\\\! ~I ~.;/ ,~~ \~ ,~ \\..9.1 \\,"i\ ttS: \)l~\ ~ \ . \ ~ , c,"j · ~'i "- ...~.Q \:'..~ \:\~,.l ~\\D '~ ~ \ ~ ~ . \1\ ~. \~""'" ~\\ v; \ " \ . , \ \ l ) \ %\ ' i\ I ~H!. \ !"\ ~n.} _ 1 1 1~ _ \ ~ f t \ \ ut. I \ Ui .., 4\ III \,j ;.\ 'HI I li,t 1\1'..:: n ~.~ -;. 'I' \I HI \\ , , t II lI! '" Ill'" "'.. I." ~~l \ ..1 ill \ \ \ \ \ I Co ~ \1";1' t - . ~ , ! InIHII"l' I , , · I .. a 11 " ~ I ~ " n '- 40 ~~t<<.~ \ "'" $ f. \~ -n .... a .g -.... u e ~~ ~::: ~ . e:s.:t: cot -at:>- ~ <) o '" ~o .,. "0 ,:: i .g :::;~ t%B pf\OPOSEO S\"tE~ \-IOLL/'.NO RO/'.O e/'.Pl-'S\ G\-I~G' p..genda \te'P~ p~gE " , ti .: ~ " * ;$ -g 1;; "fi ~ 00 "C = l.. fi -- 00.::> ~ o O..c % a:: .:0 U ~ PROPOSED BUILDING ELEVATION .. HOLLAND ROAD BAPTiST CHURCH AgendaltemJ 0 Pagel -........,........~,."'..~_.__._....I;l........__....~OO...Il.__.........__.,..CO-"'" FRONT ELEV A nON 1Jr-\'.cr RIGHT SIDE ELEVATION IJr-I"r INDlTMltlUCWStl.......U.l RIGHT SIDE ELEVATION 1"..-1'." HOLLAND ROAD BAPTIST CHUR.CH AgendaJt~1 0 PClg~B Map E-7 Mop Not to Scole o Cl CUP for Church 1 06/27/06 Conditional RezoninQ from R-5D to B-2 Granted 2 04/05/05 Conditional Rezoning from A-12 to A-24 Granted 3 01/23/89 Conditional Rezoning from R-5D to H-1 Granted 4 02/25/85 Conditional RezoninQ from R-8 to B-2 Granted ZONING HISTORY HOLLAND ROAD BAPtiST CHUI1CH Agenda Itemm10 Page 9 ~ ~11i \ \ <Ii ~ : ...... t ~.g ~? ~;~ t 'S~! III ~ e~11i \ j~ "'Ii 1 e oS i *l1 ~ ,.l&~'i'" 'J~- ~,s e Co ,s~~~.> ! ~. \~'i 0"5.. ...Ill \\~ ~Ii\.~lll~ \ ti $~i $&\ 19; "5 lS.JI Ii J.tl 1~ 15,i$-glii%i! '" \t 1!1 r"tgsc:.a- ..5. 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DISCLOSURE STATEIllENT - - HOLLAND RO/\.D B/\.P,1Si CHURCH A-QE3nda \tem1 0 p~ge 1C Item #10 Holland Road Baptist Church Conditional Use Permit 4881 Euclid Road District 2 Kempsville November 8, 2006 CONSENT Janice Anderson: The next matter is agenda item #10, the application of Holland Road Baptist Church. It is for a Conditional Use Permit for a church located at 4881 Euclid Road in the Kempsville District. Welcome. Pastor Rob Pittman: Thank you. I'm Pastor Rob Pittman, Pastor of Holland Road Baptist Church. I have read the conditions that you have set forth, and I believe there are four. We accept those and appreciate it very, very much what you've done thus far. Janice Anderson: Thank you Pastor Pittman. I believe there were three conditions. Pastor Rob Pittman: Three. Thank you. I shouldn't add one that is for sure. I do want to thank Karen Prochilo very, very much for her cooperation and that great smile that she has. Janice Anderson: Thank you Pastor. Is there any opposition to this application? Therefore, the Chairman has asked Henry Livas to review this matter. Henry Livas: The application requests a Conditional Use Permit for a master plan that includes building expansions to an existing church. The existing simple single-story brick building with an asphalt shingle roof has been used as a church since 1966. The proposed expansion utilizes brick and roof shingles similar to the existing structure but incorporates larger expanses of glass providing a contemporary edge to the otherwise traditional design. As stated before, the proposed master plan will be constructed in four phases. Phase I is the construction of 3,677 square foot building addition, which will include a welcome center, restrooms and multi-purpose rooms. Phase II is the construction of a 979 square foot addition which will include a lobby area and office. Phase III is the construction of a 1,897 square foot addition which includes offices, kitchenette and workrooms. The future sanctuary is a 4,377 square foot expansion to the church sanctuary to provide a maximum of 400 seats as Phase IV. We recommend that the church and its master plan, is consistent with the Comprehensive Plan for this area. Therefore, we recommend approval of this Conditional Use Permit. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item #10 for consent. Item # 10 Holland Road Baptist Church Page 2 Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item #10 for consent. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Roberta Maddox for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 519 Delaware Avenue (GPIN 2427039631). DISTRICT 6 - BEACH MEETING DATE: December 5, 2006 . Background: The applicant requests a Conditional Use Permit for an existing outdoor recreational facility, consisting of a skateboard ramp, in the rear yard of the parcel. The ramp is primarily used by the applicant's son. The parcel, located in the Shadow Lawn Heights neighborhood, has a two-story framed residence situated on the property. . Considerations: The skateboard ramp is situated in the northeast corner of the backyard. According to the submitted site survey, the ramp measures four (4) feet in height by twelve (12) feet in width and twenty-three (23) feet in length. On the northern end of the ramp, there is a landing platform. Neither end has railings. The applicant has met with the adjacent property owners, as well as residents across the street and in the immediate area, explaining the conditions and restrictions under which it is to be used. Signatures of support from residents on a form provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during "reasonable" hours and the number of people using it will be limited. Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball goals, etc.), skateboarding ramps have the potential to become nuisances to surrounding residents, especially in regard to the sound that emanates from the facility, such as the continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the ramp, or the sound of cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. It is Roberta Maddox Page 2 of 3 then that there may be disputes among neighbors and sometimes, the involvement of the Police Department. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp, due to the nature of the rolling wheels on the riding surface and the size of the ramp, which has the potential to create the greatest nuisance. Thus, the requirement for this Conditional Use Permit is necessary. To ensure that the recommendations of the Comprehensive Plan to protect neighborhoods from destabilizing influences are met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents, and thus, to the neighborhood. To accomplish this, the applicant is utilizing a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for its use should prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the quiet enjoyment of the neighboring properties. The applicant also personally met with the adjacent residents, providing them with a copy of the standards and rules, and after explaining them to the residents, obtained their signatures of approval for the skateboard ramp. There is, however, a letter of opposition to this application concerning the loss of privacy because the ramp is less than 1 (one) foot from the rear fence. In addition to the loss of visual privacy, the noise generated by the use of the ramp is the other concern. Certainly, these issues need to be addressed, and staff concludes that with modifications to the location and design of the ramp, the effects from the use can be greatly reduced if not eliminated entirely. Staff, therefore concludes that the ramp, with the modifications to its construction as required by the conditions below, will be constructed and operated in a manner such that it will not be a destabilizing influence on the neighborhood. Approval of the use permit is recommended, subject to the following conditions. There was opposition to the request at the hearing. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The ramp shall meet a (5) foot rear yard setback and five (5) foot side yard setback from the property lines. It shall have railings on both ends that are no higher than three (3) feet above the deck. The overall height of the skateboard ramp including the railings shall be no higher than seven (7) feet. 2. The ramp shall only be used between the hours of 10:00 a.m. and dusk. 3. The ramp shall be constructed with the following components to ensure the noise level is reduced as much as possible: a) insulation on the under side, and (b) sides and ends of the skateboard ramp shall be enclosed to attenuate Roberta Maddox Page 3 of 3 sound. 4. No one under the age of 18 shall be allowed to use the ramp without adult supervision. 5. A chain shall be placed across the ramp when not in use so the ramp cannot be used. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. . 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:~ \:. . ~ ROBERTA MADDOX Agenda Item 11 November 8, 2006 Public Hearing Staff Planner: Jeff Manuel REQUEST: Conditional Use Permit for a Recreational Facility of an Outdoor nature (skateboard ramp) ADDRESS I DESCRIPTION: 519 Delaware Avenue GPIN: 24270396310000 COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 6,148 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for an outdoor recreational facility, consisting of a skateboard ramp, in the rear yard of the parcel. The ramp will be used primarily by the applicant's son. The parcel has a two story framed residence situated on the property in the Shadow Lawn Heights neighborhood. The skateboard ramp currently exists, situated in the northeast corner of the backyard. The skateboard ramp measures four (4) feet in height by twelve (12) feet in width and twenty-three (23) feet in length. On the northern end of the ramp, there is a landing platform. Neither end has railings. The applicant has met with the adjacent property owners, as well as residents across the street and in the immediate area, explaining the conditions and restrictions under which it is to be used. Signatures of support from the residents on a form provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during "reasonable" hours and the number of people using it will be limited. EXISTING LAND USE: Single-Family Residential SURROUNDING LAND USE AND ZONING: North: South: LAND USE AND ZONING INFORMATION . Single-Family homes / R-58 Residential District . Single-Family homes / R-58 Residential District, ROBEBTA MADBOX Agenda Jtem11 PCige 1 East: West: . Single-Family homes I R-5S Residential District . Single-Family homes I R-5S Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a single-family residence, a concrete patio, concrete driveway and walk. AICUZ: The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES POLICE: The Police Department believes that this specific use is not conducive to a residential area. The proposed use of a skateboard ramp in a residentially zoned area will generate noise and very likely will lead to complaints that will be called in to the Police Department. PARKS AND RECREATION: Parks and Recreation supports any legal private outdoor recreational facility that fills a need in the community that cannot otherwise be met by a City-owned and operated facility. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball goals, etc.), skateboarding ramps have the potential to become nuisances to surrounding residents, especially in regard to the sound that emanates from the facility, such as the continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the ramp, or the sound of cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sound, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. It is then that there may be disputes among neighbors and sometimes, the involvement of the Police Department. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp, due to the nature of the rolling wheels on the riding surface and the size of the ramp that has the potential to create the greatest nuisance. Thus, the requirement for this Conditional Use Permit is necessary. To ensure that the recommendations of the Comprehensive Plan to protect neighborhoods from destabilizing influences are met, it is vital that this proposal provides safeguards designed to sign,iflcqntly ROBERTA MADDOX Agendaltem 11 Rage 2 avoid the potential for the facility to become a nuisance to the surrounding residents, and thus, to the neighborhood. To accomplish this, the applicant is utilizing a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for its use should prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the quiet enjoyment of the neighboring properties. The applicant also personally met with the adjacent residents, providing them with a copy of the standards and rules, and after explaining them to the residents, obtained their signatures of approval for the skateboard ramp. There is, however, a letter of opposition to this application concerning the loss of privacy because the ramp is less than 1 (one) foot from the rear fence. In addition to the loss of visual privacy, the noise generated by the use of the ramp is the other concern. Certainly, these issues need to addressed, and staff concludes that with modifications to the location and construction of the ramp, the effects from the use can be greatly reduced if not eliminated entirely. Staff, therefore concludes that the ramp, with the modifications to its construction as required by the conditions below, will be constructed and operated in a manner such that it will not be a destabilizing influence on the neighborhood. Approval of the use permit is recommended, subject to the following conditions. CONDITIONS 1. The ramp shall meet a (5) foot rear yard setback and five (5) foot side yard setback from the property lines. It shall have railings on both ends that are no higher than three (3) feet above the deck. The overall height of the skateboard ramp including the railings shall be no higher than seven (7) feet. 2. The ramp shall only be used between the hours of 10:00 a.m. and dusk. 3. The ramp shall be constructed with the following components to ensure the noise level is reduced as much as possible: a) insulation on the under side, and; b) sides and ends of the skateboard ramp shall be enclosed to attenuate sound. 4. No one under the age of 18 shall be allowed to use the ramp without adult supervision. 5. A chain shall be placed across the ramp when not in use so the ramp cannot be used. 6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer the use permit to the City Council for revocation. 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 and Standards. 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. ROBERTA MADDOX Agenda Item 11 Page 3 AERIAL OF SITE LOCAtiON' ROBERTA MADDOX Agendalterm 11 Pag~ 4 I, - THIS IS TO CERTifY THA.T 9H JULY 8, 1992 ,I 8URVEYED THE PROPERTY SHOWH ON THIS PLAT AND THAT THE TITLE L1NE8-ANO PHYSICAL IMPROVEMENTS ARE SHOWN ON THIS PLAT. THE IMPROV6MEHT8 STAHl) STRICTLY WITHIN TKETITLE ~INEaAHDTHERE ARE NO ENCROACHMENT' 0":!81 EA8PlEHT1lPCEPT f.S SHOWN. ':C. w. BMN~L.S.. ~CERT1FY"OiATTHIS$URVEY ACCURATELY REPRESENTS I. . ~ONl1iEPIlOPERrY. tW' r~) . .~4.t / i>! I .'0 N83..00'O "E /'\ rl.? J -- (ZQ\ _'./ "iB' \. I - ~ . ,Q':l, ~.~ . ~~'1 f'i;sfllA.j R.o..~p ./ '.'Zo' '0.5' @ 8 81 -! 7- o.OZ: <(,...... (~ rr7') uJ - I - . 'l.5T-{-F~ N '-/ -01 c..s .' 0.,' ~ .... 0 ..Re.510i:tllc:E.O LU) . .' , III a /1l uJ <!'-" 8 & (Yul ?I \'Z.~' 8 ~"J g uJ f-ZI 51 D 1 5" -WI II> 0) W<f ~~.... !$.... Z 180.00' q'~ tt-<f' 563000'OO"W (PO.CO' . DE.LA\/'JARE. AVENUE (50~ (FOR.ME.RLI' LOTH 5TRE..E.T} ~~i~' PROPERT.Y APPEARS TO BE l~ 'A:" CIf FLOOD 'ZONE FIRH HAP CITY OF VA. lEACH c.oHMUNITY NO.. 515531 HAP REVISION. JANUARY 17, 1t81' PANE~ No.0026C P~YSICAL SURVEY EXISTING SITE SURVEY . ROBERTA MADDOX Agenda Item 11 P.~9~ 5 PHOTO OF EXISTING R~~P , . ROBEBT A MADDOX Agenda Item.11 P~g~6 PHOTO OF EXISTING RAMP' ROBEBTA MADE10X Agenda Item11 Pag~ 7 Map M-7 Mop Not to Scole Roberta Maddox C\~1 ~~' ~~ .2411 f ' ~\ ~ \- - J ~,\fo\f~~\\ K\i:. ?>(~ \1:z:S ~ \.~ ~ ."" ~ ~\ \11 ~ ~ - $ -c:;:;t \"1 4~4::::f{>~n\,.. I jl 1. 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An application of Roberta Maddox for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located 519 Delaware Avenue, District 6, Beach. Barry Knight: We1come ma' am. Please state your name for the record. Roberta Maddox: I'm Roberta Maddox and my son John Chaplain is also with me. We are simply trying to apply for a Conditional Use Permit to keep a skate ramp. I have a few things to say in support of my position. First of all, there are many skate ramps all over Virginia Beach, visibly seen with no fences. Mine is in an 8 foot secured fenced area. I got two articles, one from the Virginian Pilot stating people are asking to build skate ramps. I have one recent approval from City Council. I have an article from the Beacon dated June 29, 2006. Planning Commission approval for a ramp in Shadowlawn Heights, which is my neighborhood. In reference to this disapproval letter that Mr. Kent has sent, I would like to state that he does live in Fredricksburg, Virginia, and he only comes down occasionally on weekends. He did write me a letter October 2,2006 asking for a solution that they would consider. And my solution was since he lived out of town to give us a phone call, and the ramp would not be used during the time of visit. I thought that was reasonable. I don't think we should be penalized for 12 months out of the year, when he comes infrequently like that. This is not really much, but after moving in, he has only been there a little over a year. He asked that I cut down a beautiful Mulberry tree in my backyard. I agreed, which I regrettably did that. So, I just would like to be considered this that I have tried to b e good neighbor. I would like to be given a second chance to prove that. My son would like to speak. Barry Knight: Absolutely. Roberta Maddox: Thank you. Barry Knight: We1come sir. Please identify yourself for the record. John Chaplain: Yes sir. I'm John Chaplain. I'm Mrs. Maddox's son. I paid for and constructed the ramp that you see right there, and just a few short points that I would like to make. As you can see, I built it professionally and made it real nice so that it blends in Item # 11 Roberta Maddox Page 2 with the backyard and everything. It cost me $2,600.00. One of the main reasons for that extreme expense is because I went and bought this stuff called Skate Armor. Actually, I had to order and get it delivered. That is $100.00 a sheet, and it suppresses the sound, and it is basically weather proof. So, it is a whole lot different than raw wood and regular skateboard wheels. It makes it quiet. I did that for my neighbors, us, and just for everybody really. It makes it just a better ramp. Another thing is that when we initially got the thing that said that the City wanted us to tear it down, I printed out a thing and brought it to all my neighbors except for this one guy. He is the only one who didn't sign. Everyone put their addresses and everything. When we sent our paperwork in, I believe we copied eleven of them so everyone may have one in front of them. If not, I can give you this. You know, it is only four feet tall, and it is just a little small thing. We don't even use it that often. It is more like an after work exercise, have fun thing you know. That is about it. I just appreciate you guys hearing me. I hope we get treated like everyone else, especially this other person in Shadowlawn, who got a four-foot high skateboard ramp approved. That is about it. I appreciate it. Barry Knight: Standby Mr. Chaplain. John Chaplain: Okay. Barry Knight: Ms. Wood, do you have a question? Dorothy Wood: Yes. Mr. Chaplain, I noticed that there was a request to move it away from the fence, and you are willing to do that sir? John Chaplain: Yeah. We can move it over. We can do that. I don't have a problem with that at all. Dorothy Wood: It is portable? John Chaplain: Not really. We can try to accommodate. Dorothy Wood: Is it on the cement or concrete? John Chaplain: It is actually, and if you look there is a mulch area. It's an old mulch area and actually that is where that Mulberry tree was that we cut down. We wouldn't even have a ramp if we didn't cut the tree down. Ijust had a perfect little area there to build. It has been a childhood dream of mine to have a nice skateboard ramp so we built it there. We built it up on cement blocks to keep it from getting weathered. So, it is not actually on the concrete. It is on cement blocks rigged up down in mulch. Dorothy Wood: Could you put something down on the cement blocks so it wouldn't vibrate. Maybe that is part of the noise. That noise really travels. Item #11 Roberta Maddox Page 3 John Chaplain: Yeah. If we get some conditions worked up we can try to work it out. I will be happy to do that. Yes ma'am. Dorothy Wood: I don't know. How you would do it? John Chaplain: I don't either. I don't know if we want to go into that right now, but I am sure we can figure something out. Dorothy Wood: Thank you. Barry Knight: Ms. Anderson has a question. Janice Anderson: This is mainly for your personal use? Is that correct? John Chaplain: That's it. It is just occasional. Like I said, after work exercise or on a Saturday afternoon or just regular hours of use. Janice Anderson: Okay. I believe one of the conditions, and you were talking about that skatelite you put on there voluntarily, and that keeps the sound down rather than a regular skateboard. John Chaplain: Substantially. That is how they built our park at Trashmore. It is sheeted with that. Basically, all new skateboard parks are sheeted with that stuff. It helps a lot. Janice Anderson: Okay, so far as the ends of the ramp. They are opened, and I believe the conditions require you to close that up and that is where most of the sound comes from. John Chaplain: Sure. Yes. I will do that with no problem. I was just thinking about getting some insulation, and stapling it under the transition, and then boxing it in with plywood. That would be no problem at all. Janice Anderson: Okay. You and your mom have resided there for? John Chaplain: Fifteen years. Most of the other neighbors that have already signed this thing have also, and they are cool with it. We are like all good friends around there, and they know they can just come over and knock on the door. If they got a problem that afternoon or something, we will surely stop. Janice Anderson: Okay. That is what I thought. Barry Knight: Are there any other questions for Mr. Chaplain? Mr. Chaplain, you and your mother, after hearing from the opposition, will get a chance to come back and answer any questions that are asked. Item # 11 Roberta Maddox Page 4 John Chaplain: I appreciate that. Thank you. Joseph Strange: Speaking in opposition, we have Daniel Kent. Barry Knight: Welcome sir. Please state your name for the record. Daniel Kent: My name is Daniel Kent. I have a resident at 518 Maryland Avenue. As you have heard, we also work up in Northern Virginia. I went to school down here at the Old Dominion University and earned an Engineering degree from them. It has been a long time dream to actually to able to move back into the area, because we have always liked this area very much. The reason that I am here, perhaps in opposition, is because there were three primary issues. One is that there is a fair amount of noise that comes from the ramp. The second is that there is a safety issue, because currently, the way the ramp is situated, the people are so far up above the height of the top of the fence, if something was to go wrong, they are either going to land on the fence or they are going to land in our backyard. The third was that same problem represents a lack of privacy. Suddenly, we got kids that are looking down into your backyard when they are using the ramp. I have read the information here on the conditions of use that were recommended. I would be willing to withdraw my opposition if those conditions are met. I think that by setting it back 10 feet, even at that height, it won't become such a problem. The other conditions, I think, are pretty straightforward. I do know, and I believe it was not true that all of the neighbors signed the consent. I believe the other two neighbors on the other side of me also did not sign it. I may be incorrect because I have not seen that form. However, Ijust wanted to mention that I was the only one that was willing to actually step forward. In any case, I withdraw my objection as long as those conditions are met. Barry Knight: Ms. Katsias has a question for you. Kathy Katsias: One of the conditions was changed to 5 feet versus 10 feet. Daniel Kent: Was that on the side lot or the rear lot? Kathy Katsias: That was on the rear lot. So it was five on the side and five on the back. Daniel Kent: I did not see that in my copy. Kathy Katsias: It is a new condition. Daniel Kent: Oh, I see. My only concern is that I'm wondering if that is going to be sufficient if a six-foot tall person was to lose control at the top of that thing. I think you're going to have a situation where they are going to hit the fence. I think it will prevent them from landing in our yard, but in any case, I would be requesting that we would stick with a to-foot setback. Item #11 Roberta Maddox Page 5 Barry Knight: Are there any other questions of Mr. Kent? Mr. Kent, let me get this straight? You're requesting the conditions as presented, but you would like to change the 5-foot to lO-foot is what you're requesting? Daniel Kent: Which is what was originally proposed. Yes. Barry Knight: Are there any other questions? Thank you sir. Mr. Strange? Joseph Strange: That is all the opposition. Barry Knight: Mr. Chaplain, Ms. Maddox or both. We1come back sir. Please state your name agaIn. John Chaplain: I'm John Chaplain. I appreciate it. Ijust have a few quick points this time. As far as being 10 feet off, that really, and you can see, that it is not quite possible. We can try to work with the five feet. As far as the concern about us going through our fence and his fence into his yard, I planned on building railings around it. The whole reason why I didn't build the railings and box it in is because we got the request to tear the thing down, pretty much the day it was built. I didn't want to put any more money into it until I knew that I could keep it there permanently. To make you happy, I will definitely build some rails. Really, I would like to have rails better because you feel more safe when you're up there and everyone else is skating, so you won't fall down. I think we can work with five feet. If you look at our backyard it is just not realistic. I wish you would all take that into consideration. Barry Knight: Are there any questions? Ms. Wood? Dorothy Wood: How many feet to you have Mr. Chaplain? John Chaplain: Ma'am, I'm not quite sure, but if you look at it? Dorothy Wood: I can't tell by that. John Chaplain: It is not very far. Barry Knight: Mr. Chaplain, if you could pull up that laser pointer that is on the side here. John Chaplain: Okay. Barry Knight: Rip if off the Velero. Just push the button. John Chaplain: Okay. I like that. As you c~ see, there is another part of the house. There is a gutter right there. It only goes back about as far as the gutter goes. That is about how much room we have. Item #11 Roberta Maddox Page 6 Dorothy Wood: Would you be willing to move it back to that area, all the way back? John Chaplain: Yeah. I would be willing to move it back. Yeah. I would be willing to move it back a good portion. We keep our trash cans right there in that little area right there, but we can try to move it back. Really, honestly, we like it where we got it right now, because you can walk through. It is real open, but whatever you guys decide we have to do, it is fine with me. Dorothy Wood: If you move your trash cans, and I know it wouldn't be as convenient on the other side, just so you could work out with the neighbor. John Chaplain: Whatever you guys decide on. Barry Knight: Ms. Katsias has a question for you. Kathy Katsias: Mr. Kent said that he thought you didn't have approval of the surrounding neighbors. Do you? John Chaplain: I do. I have John right there. That is that big house. I got him to sign. My neighbor on the other side signed. And then, he lives behind us. There are like three townhouses and I have the approval of the first lady. You would be the second. I think there is one to the right of you, and I don't have him or the other lady to the right but I have the first of the three townhouses. Kathy Katsias: So, they signed a document? John Chaplain: Yeah. Then I have my two neighbors on the other side of the street, on the other side of Delaware, which really aren't that close, buuhey signed. Kathy Katsias: Could you show us where you have the signatures? Barry Knight: Could you please use the pointer. John Chaplain: I got it. I have approval here. I have approval here, here, here, and here, but I don't have there and there (pointing to zoning map). Kathy Katsias: Where does Mr. Kent live? John Chaplain: One of those two. Kathy Katsias: Thank you. John Chaplain: Yes ma'am. Item # 11 Roberta Maddox Page 7 Barry Knight: Are there any other questions? Joseph Strange: I have a question. Barry Knight: Mr. Strange? Joseph Strange: So, if you moved it back to the area where the garbage can is, how many feet off would that be? John Chaplain: It would be a couple of feet. Honestly, maybe three feet or something like that, but the condition is five, but we can try to move it. If you guys gave us any flexibility on that, and it made my neighbor happy, however far we got it and it looked alright to him, and to you guys, that would be great. Barry Knight: Ms. Anderson, I believe first, and then Ms. Wood. Are you ready yet? Janice Anderson: No. Dorothy Wood: I'm just wondering. You said that you probably had seven and you just said that you had three. So how many feet do you have from the end of your skateboard to the house? Maybe your mom could answer it. John Chaplain: She could answer it better. I would say it is about ten feet but the thing is that we have a window right there and what not, so it would be good to leave it a little bit away from that. Roberta Maddox: You can tell that I'm a little bit of chicken. I'm staying back here. Barry Knight: Ms. Maddox. State your name again. Roberta Maddox: Roberta Maddox. Barry Knight: Thank you. Roberta Maddox: I really don't know. The survey I showed was the original survey. I got a new screened in porch in the back, which is probably 14 feet deep, I'm guessing. I also did an addition on the house; so, I'm thinking from the back of the house to the fence is maybe 12 to 14 feet. That is why I'm saying that the 10 feet is just not doable. Ten foot is just not doable. It would be in my house. The 5-foot we can work with. It would be crammed up against something, but 10 foot is physically going to be in the house. Dorothy Wood: The neighbor wasn't happy with the five foot. I'm just trying to get a compronnse. Item #11 Roberta Maddox Page 8 Roberta Maddox: I know. Unfortunately, the five-foot we can do, but thelO foot is just impossible. There is nowhere to put it unless it comes on my porch. Barry Knight: Mr. Waller has a question. John Waller: The conditions that you have with the five foot setback, when you put a three foot high railing on top of that, you're up at seven feet. I am not much of a skateboard enthusiast, but looking at it from this standpoint, I don't see how in the world anybody could do a seven-foot and fall over into the next yard. Roberta Maddox: He also has a fence that backs up to my fence so that is a double fence right there. John Waller: I mean from the back of the ramp to the fence, you got five feet. Roberta Maddox: Right. John Waller: Plus a seven foot high fence. Roberta Maddox: I feel that it is pretty safe. John Waller: I don't think if you can meet those conditions. They are pretty set conditions really. Roberta Maddox: We can do everything but the ten. It is not physically. Ijust don't have the land. Barry Knight: Thank you. Mr. Strange? Joseph Strange: So, you're saying five. He is saying ten. Is there any compromise in there? Seven? Eight? Roberta Maddox: I would have to actually measure. Unfortunately, I didn't actually measure that to be that precise. I believe the skate ramp is four foot wide. No wait. What is the ramp? John Chaplain: Four feet tall and 12 feet wide and 27 feet long. Barry Knight: Mr. Livas has a question for you. Henry Livas: I would have to ask the opposition when they come up here, but it is my impression that when he was sticking with t/1e 10 feet as mandatory, he was not aware of a railing. Now that you instituted a railing, he may not require the 10 feet. Item #11 Roberta Maddox Page 9 Roberta Maddox: That would be nice. John Chaplain: That would be great. Barry Knight: We will hold that thought for a second Mr. Livas. Ms. Anderson? Janice Anderson: Okay. If we stuck with the 5-foot and we add it to the condition #3 that there would be railings because you're planning to do that anyway. Roberta Maddox': They were going to be done initially, but like he said, we got our notice and we just didn't want to invest any more money into whether or not it could stay. Janice Anderson: But on number 3, we can add installation of railings. I'm in agreement with Mr. Waller that you would have to be doing some kind of acrobatic act to fly over the fences. Roberta Maddox: Right. I want it to be safe too. He's big, but he is still my son. Janice Anderson: Okay. Thank you. Barry Knight: Mr. Livas would you like to sponsor Mr. Kent to come back up here and ask him the question? Henry Livas: Yes. I would. Barry Knight: Mr. Kent? State your name again. Daniel Kent: Yes. I'm Daniel T. Kent. Barry Knight: Mr. Livas has a question for you. Henry Livas: The question is, now that you realize that they are willing to put a railing up there, do you think you could get by with the 5 foot setback now? Daniel Kent: The other railing definitely takes care of the safety issue. What I just can't tell you is whether 5-foot will actually give us a little bit more privacy back. Having privacy fences around the property, of course, hence the name, of the ideas to be able to use your backyard. If my wife was sunbathing in the backyard or something like that, the kids are peering down in the backyard. So, my answer is honestly I don't know if that is sufficient or not. I don't know how to proceed with that answer, but what I would say is that I'm more than happy to give it a try. If they will be willing to move it back as far as they can and try to give us much of a buffer volume, we will see if we can't work it out. Item # 1.1 Roberta Maddox Page 10 Barry Knight: Is there a yearly administrative review on here? Mr. Kent. There is a year administrative review on this, so if you have a problem within a year, you can certainly bring it back to the Zoning Administrator's attention. Daniel Kent: Okay. Barry Knight: Okay. Are there any other questions for Mr. Kent? Thank you. Mr. Crabtree? Eugene Crabtree: I also understood when they said to start off with that anytime that you had any objection or you were using your yard that you wanted them to discontinue using the ramp, they would be more than happy not to even use it. If you're in your backyard and you don't want them, they are saying that they would agree not to use the ramp during that period of time, which also gives you a degree of privacy. Daniel Kent: Yes sir. Agreed. Unfortunately, at least in one case it was being used about 5:00 o'clock in the morning after an all night party, so it required that we get up, wake up and make a phone call. It was kind of a little out of hand. Janice Anderson: That shouldn't happen again. Daniel Kent: Thank you. Barry Knight: Thank you Mr. Kent. Dorothy Wood: Momma can take care of that. Barry Knight: Are there any other questions? We will close the public hearing portion. We will open it up for discussion within the Commission members. Ms. Anderson? Janice Anderson: I would be supportive of it with the changes. I'm glad that the neighbors had talked. There was a concern of 5:00 o'clock in the morning, and that is certainly not within the conditions that we have set. Like all of us have discussed, we want the residents of Virginia Beach who are skateboard enthusiasts to be able to have a place in their backyard to enjoy that, but not to the detriment of the neighbors, and that is why we try to put these conditions between the hours of 10 and dusk, so you don't have the 5:00 o'clock in the morning. Also the safety issues, and I believe the 5 foot setback would work with the smaller lot that we have here in Shadowlawn that were facing and put the rails up. That was a good suggestion for safety. So, I would make a motion to approve with those conditions that we have modified that we were handed with the 5-foot rear setback, and the adding "c" to condition #3, installation of railings. Barry Knight: There is a motion on the floor. There is a second by Kathy Katsias. We will open it back up for discussion. Joe? Item #11 Roberta Maddox Page 11 Joseph Strange: Based on what I've heard, and the person who was in opposition saying that they are willing to go on with this, I would support the application, but I would like to note that even though we have approved applications, we have also turned some down. The ones that we have approved in the past have been applications where there was no opposition; so, some of the people on the Planning Commission, who normally wouldn't support these, have supported them because there wasn't any opposition. I would just like to get that out in the open. Barry Knight: Thank you Mr. Strange. Is there any other discussion? Mr. Crabtree? Eugene Crabtree: I am not an advocate of skateboards either but I will say this. This is unusual in the fact that they have talked to each and worked things out. This is something that has not been done in the past, and the willingness to put in safety factors, which is my big thing with skateboard ramps are safety. I think it speaks well of the applicant as well as the neighbors willing to work together on this. So, even with my reservations, I'm going to vote for it. Barry Knight: Thank you Mr. Crabtree? Is there any other discussion? There is motion on the floor to approve Roberta Maddox, agenda item #11. The motion was made by Jan Anderson and seconded by Kathy Katsias. I'll call for the question. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY KA TSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 1 ABSENT Ed Weeden: Bya vote of 10-0, the Board has approved the application of Roberta Maddox. Barry Knight: Thank you. Jeffrey A. Manuel From: Sent: To: Subject: gregg.engler@us.army.mil Wednesday, November 22,20064:58 PM Jeffrey A. Manuel Application of Roberta Maddox for Conditional Use Permit (Skateboard Ramp) Jeff, My name is Gregg Engler. My wife, Stacia, and I own the property at 516 Maryland Ave in Virginia Beach. We currently rent this property as I am in the military and am being reassigned to Fort Bragg, NC. Yesterday I received notice that Roberta Maddox is applying to put in a skateboard ramp at 519 Delaware Ave. I dQ not know the particulars of this application but my instinct is to oppose it. I believe 519 Delaware is just behind my property at 516 Maryland. In short, my instincts tell me that a skateboard ramp would negatively affect the quiet enjoyment of residential living in the area, negatively affect property values, and present an attractive nuisance. Not sure if my input is too late but thought I should send something. Thank you, Gregg Engler 913-369-5609 1 -46- Item V/-K.8. PLANNING ITEM # 46299 Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 5 I 8-3200. represented the applicant and voluntarily agreed to install the landscaping requested along the strip of land in the City's right-ol-way on Witchduck Road. Upon motion by Councilman Weeks, seconded by Vice Mayor Sessoms. City Council ADOPTED the Ordinance upon application of HALAlJI ONE LLC for a Conditional Change of Zoning: ORDINANCE UPON APPUCATION OF HALABI ONE LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM /-1 TO CONDIDONAL B-2 Z02001J58 BE IT HEREBY ORDAINED BY mE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon application of Halabi One uc for a Change of Zoning District Classification from 1-1 Light Industrial District to Conditional B-2 Community Business District at the southeast intersection of North Witchduck Road and Admiral Wright Road (GPIN #1467-85-3076). The proposed zoning classification change to Conditi01l(.l1 B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for office, appropriately located industrial and employment support uses in accordance with other Plan policies. Said parcel is located at 234 North Witchduc/c Road and contains 6,500 square feet. KEMPSVIUE - DISTRICT 2. The following condition shall be required: I. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and are hereby made a part of the record. This Ordinance shall be effective in accordance with Section /07 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -second of February. Two Thousand Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 01. Margaret L. Eure. William W. Harrison. Jr.. Barbara M Henley, Louis R. Jones. Reba S. McClanan. Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None February 22.2000 Map D-7 M<>p Not to Scole ( ! 1 CUP - for Automobile Sales ( " I --.' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Paykan, Inc. for a Conditional Use Permit for motor vehicle sales on property located at 234 North Witchduck Road (GPIN 1467853076). DISTRICT 2 - KEMPSVILLE MEETING DATE: December 5, 2006 . Background: The applicant requests a Conditional Use Permit for motor vehicle sales, thus allowing this site to be integrated into the applicant's existing motor vehicle sales facility to the south (E-Z Auto Sales), which has been successful and is in need of additional space. . Considerations: The parcel is subject to a Conditional Zoning Agreement approved by the City Council on February 22, 2000 with the rezoning of the parcel from 1-1 Light Industrial to B-2 Business. There were two proffers as part of that Agreement. The first proffer eliminated as potential uses a convenience store, an automobile service station, a borrow pit, a drive-through restaurant, and a liquor store. The second proffer tied use of the site to a specific site plan. The applicant is proposing to operate with that proffered site plan. There will be three parking spaces at the north end of the site. The paved area between the building and the sidewalk will be used as vehicle display area, continuing the current vehicle display that is situated at the applicant's business immediately to the south. The existing curb cut located at the southern end of the site will be secured to prevent its use. There is an existing free-standing sign at the northern end of the site that the applicant will use. The existing 1,680 square foot building on the site will not be modified and will be used as an office for the auto sales. The applicant is aware of the Capital Improvement Program (CIP) project to improve N. Witchduck Road to six lanes and the fact that this entire site is designated as being acquired within the next year or two to accommodate that project. The applicant understands that his use of the site as an expansion of his business will be of a temporary nature. The Planning Commission placed this item on the consent agenda because it is a temporary expansion of an existing business, the use is consistent with the Comprehensive Plan's recommendations for the area, and there was no opposition present at the hearing. Paykan, Inc. Page 2 of 3 . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. No physical improvements shall be made to the site beyond the landscape plantings shown on the site plan proffered with the Conditional Change of Zoning approved by the City Council on February 22, 2000, and as recorded at Deed Book 4206, Page 1703. The applicant shall install all plants shown on the plan and shall maintain those plants including the replacement of any plants that die. 2. The southernmost curb cut shall be chained off in such way as to effectively close the cut as indicated on the plan described in Condition 1. 3. No loud speakers or outdoor speaker system shall be permitted on the site. 4. Any lighting for the site, including existing light fixtures located on the roof of the building, shall be installed and adjusted to prevent direct illumination, reflection, or glare toward surrounding properties and public streets. Lighting shall be directed to the interior of the site and shall not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attract attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed anywhere on the site or the vehicles. 6. Vehicles for sale or lease shall be displayed and parked within designated areas and no vehicles for sale or lease shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles for sale of lease shall be displayed on ramps, raised platforms, or similar structures. Storage of vehicles for sale or lease shall not obstruct access to the site for emergency response vehicles. 7. There shall be no more than nine (9) vehicles for sale or lease displayed on the site. 8. There shall be no vehicles parked, displayed, or stored behind the portion of the building adjacent to Denn Lane. 9. There shall be no repair or maintenance of vehicles on the site. 10. There shall be no repair, maintenance, or cleaning or detailing of vehicles within the adjacent streets and public right-of-way. 11. Delivery trucks transporting and delivering vehicles for sale or lease to this business shall not obstruct traffic within any adjacent street or public right-of- way, nor park or idle in any travel lane of any adjacent street or public right-of- Paykan, Inc. Page 3 of 3 way. 12. This Conditional Use Permit shall terminate upon acquisition of the parcel by either the City of Virginia Beach or the Commonwealth of Virginia for Witchduck Road improvements (CIP 2-025). . 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~ l. C-s II"'"Z. PAYKAN, INC. Agenda Item 13 November 8, 2006 Public Hearing , cUP - for Automobile Sales .Hap D-7 ~.:IO :-';ot ':;c Sc,.,j.. Staff Planner: Stephen J. White REQUEST: Conditional Use Permit for Motor Vehicle Sales ADDRESS I DESCRIPTION: 234 North Witchduck Road GPIN: 1467853076 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 6,250 square feet APPLICATION HISTORY: On September 11,2006, this request was deferred to allow staff and the applicant time to discuss outstanding issues. The applicant requests a Conditional Use Permit for motor vehicle sales, thus allowing this site to be integrated into the applicant's existing motor vehicle sales facility located on the parcel to the south. SUMMARY OF REQUEST The parcel is subject to a Conditional Zoning Agreement approved by the City Council on February 22, 2000 with the rezoning of the parcel from 1-1 Light Industrial to B-2 Business. There were two proffers as part of that Agreement. The first proffer eliminated as potential uses a convenience store, an automobile service station, a borrow pit, a drive-through restaurant, and a liquor store. The second proffer tied use of the site to a specific site plan. The applicant is proposing to operate with that proffered site plan. The current configuration of the site depicts the proffered plan, with the exception of landscape plantings that apparently were never done. Those plantings consist of junipers and dwarf abelia myrtles adjacent to the north and east sides of the parking lot and Indian hawthorne and day lilies in planters along the front of the building. Three crape myrtle trees shown on the proffered plan are in place. There will be three parking spaces at the north end of the site. The paved area between the building and the sidewalk will be used as vehicle display area, continuing the current vehicle display that is'situated at the applicant's business immediately to the south. The existing curb cut located at the southern end of the site will be secured to prevent its use. There is an existing free-standing sign at the northern end of the site that the applicant will use. The existing 1,680 square foot building on the site will not be modified and will be used as an office for the auto sales. PAYKAN,lNC. Agenda Iten;i13 pag~ 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Personal service (hair salon) SURROUNDING lAND USE AND ZONING: North: . Office / B-2 Community Business District . Witchduck Road . Across Witchduck Road to northeast - Virginia Beach Schools facility . Motor vehicle sales / 1-1 Light Industrial District . Church, retail, motor vehicle repair /1-1 Light Industrial District . Center for Effective Learning / 1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is fully developed and largely impervious. There are no significant natural or cultural resources on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): N. Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP proposes a six-lane divided roadway within a 130-foot wide right-of-way. A CIP Project is slated for this roadway (CIP 2-025 [Urban Construction Initiative (UCI) or "First Cities" transportation improvement project]). The project includes improvement of N. Witchduck Road from 1-264 to Virginia Beach Boulevard to six lanes with aesthetic improvements. Based on the Preliminary (35%) Design for this project, the subject parcel is a "total take." The current CIP "Site Acquisition" schedule for the project is from January 2007 to January 2009, followed by "Private Utility Adjustments," from January 2009 to January 2010. Construction is scheduled from July 2012 to July 2014. A Citizen Information Meeting is tentatively scheduled for early October 2006. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume N. Witchduck 43,865 ADT J 14,800 ADT (Level of Existing Land Use ~ - 77 Road Service "C") - 27,400 ADT ADT 1 (Level of Service "E") Proposed Land Use 3 - 56 (3 peak hour vehicles enterinQ and exitinQ) , Average Dally Tnps 2 as defined by typical B-2 use 3 as defined by motor vehicle sales . PAYKAN, tNC. Agenda Item 13 Pcige 2 WATER: This site has an existing 5/8-inch water meter, which may continue to be used or may be upgraded. There is an 8 inch City water line in N. Witchduck Road and an 8-inch City water line in Admiral Wright Road. SEWER: This site must connect to City sanitary sewer. There is an 8 inch City sanitary sewer in Denn Lane. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The applicant proposes to use this site as an expansion of his existing business to the south (E-Z Auto Sales), which has been successful and is in need of additional space. The summary of the project submitted with the application notes that the applicant desires to place up to 15 vehicles on the site; however, staff's analysis of the site indicates that the site can safely accommodate only nine (9) vehicles. A condition to the use permit to that effect is recommended below. Physical improvement to the site will be limited to the installation of plants that were not installed as proffered with the rezoning approved in 2000. The applicant is aware of the Capital Improvement Program project to improve N. Witchduck Road to six lanes and the fact that this entire site will have to be acquired within the next year or two to accommodate that project. The applicant understands that his use of the site as an expansion of his business will be of a temporary nature. Staff views this as a temporary use, involving no site improvements beyond landscape plantings, and thus having little impact on the cost the public will bear to acquire the site for the roadway project. Approval of the request, therefore, is recommended, subject to the conditions below. CONDITIONS 1. No physical improvements shall be made to the site beyond the landscape plantings shown on the site plan proffered with the Conditional Change of Zoning approved by the City Council on February 22, 2000, and as recorded at Deed Book 4206, Page 1703. The applicant shall install all plants shown on the plan and shall maintain those plants including the replacement of any plants that die. 2. The southernmost curb cut shall be chained off in such way as to effectively close the cut as indicated on the plan described in Condition 1. 3. No loud speakers or outdoor speaker system shall be permitted on the site. 4. Any lighting for the site, including existing light fixtures located on the roof of the building, shall be installed and adjusted to prevent direct illumination, reflection, or glare toward surrounding properties and public streets. Lighting shall be directed to the interior of the site and shall not reflect out horizontally or toward the sky. 5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attrg9t PAYKAN, INC. Agenda Item 13 Pagt? 3 attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of vehicles, shall be displayed anywhere on the site or the vehicles. 6. Vehicles for sale or lease shall be displayed and parked within designated areas and no vehicles for sale or lease shall be parked or displayed within any portion of any public right-of-way or in any landscaped area. No vehicles for sale of lease shall be displayed on ramps, raised platforms, or similar structures. Storage of vehicles tor sale or lease shall not obstruct acces~ to the site tor emergency response vehicles. . 7. There shall be no more than nine (9) vehicles for sale or lease displayed on the site. 8. There shall be no vehicles parked, displayed, or stored behind the portion ot the building adjacent to Denn Lane. 9. There shall be no repair or maintenance ot vehicles on the site. 10. There shall be no repair, maintenance, or cleaning or detailing ot vehicles within the adjacent streets and public right-ot-way. 11. Delivery trucks transporting and delivering vehicles tor sale"or lease to this business shall not obstruct traffic within any adjacent street or public right-ot-way, nor park or idle in any travel lane of any adjacent street or public right-ot-way. 12. This Conditional Use Permit shall terminate upon acquisition ot the parcel by either the City of Virginia Beach or the Commonwealth of Virginia for Witchduck Road improvements (ClP 2-025). 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 and Standards. 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. E?AYKAN,lNC. Agenda Iten'l13 . :f=);Cl9C?4 AERIAL OF SITE LOC.. ATION .. ". . ,',' .... RAYKAN, INC. Agenda Item 13 F?Cige 5 \ \ \ r--\ ~\ ~ ~.~ "S '$ . ~ ... o~\ ...~ . \!') e ..-\ fl.E",p..~\tlG ?~i Of \,.0\ ~. ~()CI( 41 EUC\..IC pVcE (\A.e. 4, \>, e~) , "0 ... .rl ~ .. u.1 'Z- 4. .J ,.~~:..;i , ,., ~ ",r) g './l ....... 0: o ~ a--1& '-'1.~/~~ OIl U"1't 161 ~ 'fI ~olL !OIl' (4) ",.. V- )~ ~ 2~C/IM p.O\.lIR~ '/lRIG\\1 ROI'D t" J..RV..eLt.. Rfi4) g'TEpUI.N Of oCi- 41 SjoJO l'V-CE. ........_ p>l'1S <IF I.,C>1S , .. 2. !l\! · to>-. ,. ,. ............. .Ol' . PJ--tcfl,N, ttlC. . '^~~'" eQ.Q'I. '^~~~ \.6r. \999 SCJt.,\...€': ,..'20 ..,cc I""' .......... .,.-..r ..,.... ,......,..,..~ S,\e. p~~N\ PA'ljKA~,l~C Agenda \tem~ . Pa.9€ EXISTING BUILDING, PA YKAN.INC. A~endaltern13 Pag.~ 7 Map D-7 M~p Not to Sc~le !\ CUP - for Automobile Sales 1 2 3 12/12/1983 3/14/1995 6/9/1992 Granted Granted 4 5 2/1/2000 2/22/2000 Granted Granted Granted ZONING HISTORY 'PAYKAN,INC. A-genda Item 13 Pa~8 DISCLOSURE STATEMENT If- ~ ..~ IIJ ~ ti b1 tt :l II) g ~ 6 g~ ; ." 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'1 ~ ~i 1) ~ -~~ _ i.J,. <:l_ ~ \000\ ~,;;; () ~ ~ ~~ ; l ~"% j1 .j !~ ....lli 1'Il~ ; :1 ::: :; .,jl ~ e ll,-;;$\ <:Ii;$, -;:; ':; 15: . ;ii 1lZ I ~ >;.5 ~~ ~ ~f: " !I! II> ~ d ~"1\ ~~ ~ .n<f.l\ ~ 8 (11-:;: ...rz ~e N ~\ ~1 < ~! -,:.r ~ ~~ fj'z '. "".'.'- . .Ii ~:d: -~~ z ,;; 0: Cl ~ ~ ~ .2 '" '" E- x ! 1, ~. t,~ po"~ \ .~ \ ] <0 ;::; .;:) jg .~ ~ E. ~~i. ~ r i';i c. .~ ~ "0 c. ... c u '" b ~' c ,5' ~g Q~ ~'E ~& .f?o &'& E~' c'- o !E- ;::8 - <: jIl'- _ t: "" ;J .r::.~ .x~ c.IZ ,!"6 00 - l?AYKAN, INC. Agenda ltem;\y 13 Page 9 Item # 13 Paykan, Inc. Conditional Use Permit 234 North Witchduck Road District 2 Kempsville November 8, 2006 CONSENT Janice Anderson: The next matter is agenda item # 13. It is the application of Paykan, Inc. It is for a Conditional Use Permit for motor vehicle sales on property located at 234 North Witchduck Road in the Kempsville District. Mr. Bourdon? Eddie Bourdon: Thank you. Ms. Anderson, again for the record, Eddie Bourdon, representing the applicant and the principal of the applicant is here today. We are in agreement with all 12 conditions including the fact that this is just a temporary use until this property is acquired on Witchduck Road CIP Project. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application? John Waller will review this application. John Waller: The applicant requests a Conditional Use Permit for motor vehicle sales thus allowing the site to be integrated into the applicant's existing motor vehicle sale facility that is located to the south. The applicant proposes to use this site as an expansion of his existing business. The existing 1,600 square foot building on this site will not be modified. It will be used as an office for the auto sales. Physical improvements to the site will be limited to the installation of plants. The applicant understands that the use of this site as an explanation of his business will be of a temporary nature due to the North Witchduck Road Capital Improvement Program. In fact, the entire site will be acquired by the City within the next year or two to accommodate that improvement program. Therefore, we recommend approval of this request. Janice Anderson: Thank you Mr. Waller. Mr. Chairman, I make a motion to approve ' item # 13 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE Item #13 Paykan, Inc. Page 2 HENLEY KATSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD ABSENT AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item #13 for consent. CUP for Communication Tower CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of T-Mobile Northeast, L.L.C. for a Conditional Use Permit for a wireless communications monopole tower and antennas on property located at 136 South Lynnhaven Road (GPIN 1497532817). DISTRICT 6 - BEACH MEETING DATE: December 5, 2006 . Background: The site is occupied by the building, parking, and grounds of Lynnhaven Presbyterian Church. The applicant requests a Conditional Use Permit to allow development of a portion of the site for a 120-foot tall monopole communication tower, antennas, and associated equipment buildings. The proposed tower will accommodate three (3) carriers. . Considerations: The 2, 300 square foot site for the tower and associated equipment cabinets are proposed for a triangular shaped area of the site located to the west of an existing circular-shaped parking area. The area is enclosed with an eight-foot split-face block wall on the eastern and western boundaries, and an eight-foot wooden fence on the northern boundary of the leased area. A row of Wax Myrtle shrubs is proposed on outside of the enclosure. The base of the proposed tower is situated approximately 65-feet from the northern property line and aO-feet from the western property line. The request complies with the standards for communication towers provided in Section 232 of the City Zoning Ordinance. The proposed tower will accommodate three wireless communication carriers. The monopole will be visible; however, the equipment at the ground level will be only minimally visible, as it will be located in an area of the site that is obscured by buildings on other parcels. Additionally the proposed equipment area will be screened with a block wall, fencing, and landscaping. The Planning Commission placed this item on the consent agenda because the proposed tower complies with the standards of the City Zoning Ordinance for this use, the equipment buildings are well-screened, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: T-Mobile Northeast, L.L.C. Page 2 of 3 1. The site and tower shall be developed substantially in accordance with the submitted development plans entitled "T-MOBILE NORTHEAST, LLC, L YNNHAVEN PRESBYTERIAN, site number VA30467-B", prepared by ALLPRO Consulting Group, Inc., and dated 10/23/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 2. The proposed tower and equipment shed shall be designed to accommodate three users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed 120 feet in overall height, and shall be a monopole that meets or exceeds the structural criteria in the zoning ordinance 5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 6. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COM IT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 7. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 8. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes T -Mobile Northeast, L.L.C. Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ CityManager~ \L ~~ T-MOBILE NORTHEAST, LLC Agenda Item 19 November 8, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for a Communication Tower CUP for Communication Tower ADDRESS I DESCRIPTION: Property located at 136 South Lynnhaven Road (Lynnhaven Presbyterian Church) GPIN: 1497532817 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 3.4 acres SUMMARY OF REQUEST The application was deferred at the October 11, 2006 Planning Commission meeting to give the applicant time to meet with a concerned neighbor regarding the proposed location of the tower. The applicant has submitted a revised plan for approval. The leased area for the tower and associated equipment cabinets has been shifted to the east and the south of the site in a triangular shaped area of the site. The new leased area is slightly over 2,300 square feet. It is enclosed with an eight- foot split-face block wall on the eastern and western boundaries, and an eight-foot wooden fence on the northern boundary of the leased area. A row of Wax Myrtle shrubs is proposed on outside of the enclosure. The base of the proposed tower is situated approximately 65-feet from the northern property line and SO-feet from the western property line. The proposed height and number of users of the tower remains the same as originally requested. The applicant requests a Conditional Use Permit to allow development of a portion the site for a communication tower and its associated equipment building. The lease area will be developed with a 120- foot tall communication tower and equipment cabinet. The proposed tower will accommodate three (3) carriers. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Lynnhaven Presbyterian Church currently occupies the site. I-MOBILE NORIHEASI'Hl_LC Agenda Iter)\1, 19 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: · Offices / 0-2 Office . South Lynnhaven Road · Across South Lynnhaven Road are Offices / 0-2 Office and B-2 Business · Lynnhaven Parkway · Across Lynnhaven Parkway are Offices and Retail /0-2 Office and B-2 Business . Offices / 0-2 Office There are no significant natural resources on the site. From a cultural and historical perspective, the church can claim that it is the oldest Presbyterian church in the city, having been organized in June 1917 on this site. From this church developed the First Presbyterian Church of Virginia Beach and Kings Grant Presbyterian Church. The sanctuary was constructed in 1919, and the educational wing was constructed in 1951. In 1985, an activity room, several offices and a larger kitchen were added to the site. The site is in an AICUZ of Greater than 75dB Ldn surrounding NAS Oceana. There is no significant impact on City services. IMPACT ON CITY SERVICES Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the North London Bridge / Strategic Growth Area 6, an area suitable for higher intensity mixed uses including offices, institutions, and hotels with limited additional retail. Evaluation: The request for a Conditional Use Permit for a 120-foot tall communication tower is acceptable. The proposed tower will accommodate three wireless communication carriers. While the monopole will be visible, the equipment at the ground level will be only minimally visible, as it will be located in an area of the site that is obscured by buildings on other parcels. Additionally the proposed equipment area will be screened with fencing and landscaping. The proposal meets the requirements of the City Zoning Ordinance for wireless communication towers, and thus, approval with the conditions below is recommended. T-MOBILE NOHfHEAST,l.LC .Agenda lteril.19 Page 2 CONDITIONS 1. The site and tower shall be developed substantially in accordance with the submitted development plans entitled "T-MOBILE NORTHEAST, LLC, L YNNHAVEN PRESBYTERIAN, site number VA30467- B", prepared by ALLPRO Consulting Group, Inc., and dated 10/23/06. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning. 2. The proposed tower and equipment shed shall be designed to accommodate three users. 3. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. 4. The proposed tower shall not exceed 120 feet in overall height, and shall be a monopole that meets or exceeds the structural criteria in the zoning ordinance 5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation emitted from the tower does not exceed at ground level the lowest applicable standards established by the Federal government or the American National Standards Institute. 6. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the original tower and for all subsequent users. 7. In the event interference with any City emergency communications facilities arises from the user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall cease operation to the extent necessary to stop the interference. 8. In the event that antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 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 and Standards. 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. T-MOBILE NORTHEAST,J..LC Agenda Item 19 Page 3 t>.Ef\\t>.\. Of S\,.E \.O~Ot'( i_MOBILE- l-lOa'fHE-J\Si ,.~~ ,~genda\tett' Pa.9E --- ~~ :rri~ON ;; .~nqow.. -! . . .. I i ~-- ---._ ..typ.... I, -.-_. "'4ll'Yd 1il1~ . '_ ~1 I i --- i . .----_ J ---- i - I I I I I I J I I I I il!~l: I is I I I C I I I i I S ; I _u...J..-+~ -+ ,I ~, ~I I , I I I~ III e~ it e!; !lee 'A~ ""~ z z~~ ~ ~ '" 11l b t> N ~ 0 ~ -~, , ~ 9 I I i , I I ~ g I I , - . .. V . , ~~ :! ..... ,!,o !i I I lit " . tZ g l PROPOSED SITE.'PL"AN^. T-MOBILE NORTHEAST,tLC Agenda ItertiJ9 Pag~5 _lI\1Cl\9I_ .'IID --- ::>1111S\f3Hl~ON .~TIqoW' . -J: . . . . , , I , , , , . , J iT , I I I , , ! , , I , , I I , I ---, , I , , ! , , I , , I , , I , , I , , I , , I I , I , , I ~~I - -... -- ....- .II-..a.... --- OHdllV -- J ~,l!l Cz ~ ","15 i" lU 9!1 H ~ ~~ ! ~ ,~ !~ i 5 ~ i 0 :Ii;..! .-~ Zen I !~ w : (:~I r I J I I I I I I I I I I I I I I I I I t / penn I"un :suu 1I11!i1l111l el~iii II!imB ;. ~ ~ PROPOSED SITE PLAN - D~TAlb- T -MOBILE NOR'THEAST,lLC Agt3nda Itt3rl'l 19 P&ge6 .-""......-- 1l!IJII.J:~- 011l1S'l3\-U:~ON .~\1<\OW. · .~ · · · . ___h ;1 ~--.i.- 1#1 _ -1 !~.i t~~ ".,,-' ~ _ i - ~iJ t l" _\>t~ ; ~ 1! ... "'-" _""1! ~ '" ~~::;. ~ ~ 'il ..., 1> ~ ~l' -.' '9 .. :c ::.. ...i~ LJ Ji.~':'l. ~ \ !;.-L ~ .~ ~t\ t ~ \i\ ( \~ ~ ~.'?; i1 ~':~ 61 l~ ~ \ \ ~. t ~ ~ ...-- ~ ~ ~ " ~ 1; '" ~ .;.. 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(;\~ \ i" , \ \ ----- .!~ ~ 7]t.----- PROPOSED TOWER ELE" ~l;-lU\ll 1_MOBILE N()fa"l'IEAS1,l..LC Agenda \tem l~ page" CUP for Communication Tower 1. 4/13/04 Conditional Use Permit (Church expansion) Approved 1/21/85 Conditional Use Permit Church ex ansion A roved 2. 10/11/06 Modification of Proffers and Conditions for a Rezoning (1-1 Pending Light Industrial to Conditional B-2) and Conditional Use Permit (fuel sales in conjunction with a convenience store) approved by the City Council on June 25, 2002 6/25/02 Rezoning (I~ 1 Light Industrial to Conditional B-2) and Approved Conditional Use Permit (fuel sales in conjunction with a convenience store 3. 6/27/95 Conditional Use Permit automotive re air A roved 4. 9/25/95 Rezonin 1-1 Li ht Industrial to Conditional B~2 A roved 5. 7/11/88 Conditional Use Permit recreational facilit A roved 6. 10/24/00 Conditional Use Permit (fuel sales) Withdrawn 12/17/96 Conditional Use Permit automobile service station Withdrawn ZONING HISTORY' T-MOBILE NORTHEAST,.:J..LC Agenda Item 19 Page 8 NOI1VJnddV lIWlIffdaSa 1VNOI1IaNO:>-' = ~ .E ~ Z lI.f ~ lI.f ~ Ii; lI.f 0: ::::> (/) 9 o (/) 5 ~ g ~ 'c ::I j "0 15 <Ii lIpi ::>~ ii 8.8 '0 dg ~~ ~"': ~~ I- ".90 /I> ~ zi Se ~ ~ ..~~ :::; i g'j ~ t ':l ~~ of( :g;2~~ 1!C).~ gSi.. g 81=~ ... 11I0.5..8 i .!!e._ <.i '" ;:88;'Iii .:: ~ r:: <II . is Q.g1.~ :z c..c-c: .,S! :.e:ii ~ S ~-: Q. .:. ~ ,0"1""" ..- I 11.- "" <:: <1> :.l .. c 0; ::I .Q "i ii e"'"' Cll~ 15~ -~i .l!Io:: ~~ ~i .!'ij !~ &S ='E !~ ""0. _0. <IICll ii EQ. ~:2 .c~ 'i'% -'" .!!c ...I~ N :J c ';l!: 15 <Ii .. 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UJ ~ r.Il ~ 0 ., 0 ,... ~ 0 ~ ~ 5 ...... ~ ...... \:...0 ~ JooII( :n ~ ~ ~ ~ ~ ~ ~ CQ ~ ;2 ~ 0 0 ,... r;.1 ~ ~ 0 ~ t-< "-' ~ ~.~ ~u "'~ ~..~~ <0. ~ ~-~ .. r.Il~~ ~ ~ u ~ ~UI -. ~ ::J-~ ~ \-< ~ r.Il~~ 0 ~ ~ r.t:l ~ r.t:l rJ.J O~f- U ~ . >- ~ u ..... ~ ...... ~ ~o ~ en ~ ~ b 0 .;.:. 0 =c.J U ~ 0 ~ - ~ ~ ~ -< Z ....:l ~ , t.a - '-' - r.t:l U -. 0 ~ en ~ Z ~ r.t:l "'r"' ;z ..... I ~ U ""'" ::t: 8 z r.t:l ~ U ..... ~ !-< 0 U ~ ~ 0 A ., ~ ::3 ~ -< ;2 - ;:t ...... ~ \-< U U :z pJ z 0 0 :E r.t:l r.t:l ~ :z 0 c::: ...... 0 -<. - en -< c.." c.. " ::c: ~ :> >- > U ~ en CJ.) r.t:l DISCLOSURE STATEnrE:Nr.. T-MOBILE NORTHEAST,Jl.LC Agenda lteRl19 P~ge.10 Item #19 T -Mobile Northeast, L.L.c. Conditional Use Permit 136 South Lynnhaven Road District 6 Beach November 8, 2006 CONSENT Janice Anderson: The last matter on the consent agenda is item #19. That is the application ofT-Mobile Northeast, L.L.c. for a communications tower on property located at 136 South Lynnhaven Road in the Beach District. Mr. Gambrell? Bill Gambrell: Ms. Anderson, Mr. Chairman, and members of the Commission, my name is Bill Gambrell. I'm a local land planner and I represent the applicant. We were before you last month when one of the adjoining property owners was concerned about the positioning of the pole, and we were asked if we could work with him. We did that, and we're back today without any opposition. I would note that there is one change, and I think we noted it last month. On condition #4, it says the proposed tower shall not exceed 120 feet in overall height and shall be a monopole tower rather than spun concrete. That was the only change and we appreciate being on the consent agenda. Janice Anderson: Thank you Mr. Gambrell. Is there any opposition to this application? The Chairman has asked Dot Wood to review this matter. Dorothy Wood: Thank you Jan. As Mr. Gambrell mentioned, this was on the agenda last month, and it was deferred because of a neighbor. They have worked with the neighbor, and they will now be putting a'row of wax Myrtle shrubs outside of the enclosure. This application is recommended for approval. The Comprehensive Plan designates this area as the Northern London Bridge Growth area, an area suitable for higher intensity mixed uses, including office institutions, and hotels. The request for a Conditional Use Permit for a 120-foot tall communications tower is acceptable. The proposed tower will accommodate three wireless communication carriers. While the monopole will be visible, the equipment at the ground level will only be slightly visible as it will be located in an area of the site that is obscured by buildings and other parcels. We appreciate Mr. Gambrell meeting with the neighbors and working it out. Janice Anderson: Thank you Ms. Wood. Mr. Chairman, I make a motion to approve item #19 for consent with the change requested on condition #4 to read monopole. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. Item #19 T -Mobile Northeast, L.L.C. Page 2 ANDERSON BERNAS CRABTREE HENLEY KA TSIAS KNIGHT LIVAS RIPLEY STRANGE WALLER WOOD AYE 10 NAY 0 ABSO ABSENT 1 AYE AYE AYE ABSENT AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item #19 for consent. Barry Knight: Thank you. L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CiTY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L D E C E L DATE: I 1/28/06 S I J C R U A W PAGE: I T E N L N N I 0 H E Z D L A D U L W AGENDA E Y N N 0 R E S P E 0 ITEM # SUBJECT MOTION VOTE L E E A R I V 0 0 H R Y N F A N S N D I BRIEFINGS: A CLASS ACTION - GRIP Robert Kipper - Director of Class Action, Office of the Attorney General Chief A. M. Jacocks IIIIII!IV I CERTIFICATION OF CLOSED SESSION CERTIFIED Il-O Y Y Y Y Y Y Y Y Y Y Y V NIlE FIG MINUTES APPROVED 10-1 Y Y Y Y Y Y Y Y Y Y A B INFORMAUFORMAL SESSIONS 11/14/06 S T A I N E D HlL'I Ordinances to AMEND City Code ADOPTED, BY Il-O Y Y Y Y Y Y Y Y Y Y Y CONSENT a REPEAL 9913-16 -13-22 reFood Handler's Card b REORDAlN 916-39 re Spot Blight ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Abatement CONSENT 2 Ordinance to AUTHORIZE agreements for ADOPTED, BY Il-O Y Y Y Y Y Y Y Y Y Y Y acquisition of land! buildingsrTRANSFER a CONSENT Grant establishing "Colonial Education Center Construction and Property Acquisition" re Lynnbaven House 3 Resolution to RENAME Shore Drive ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Advisory Committee to Bayfront Advisory CONSENT CommitteelEXTEND to June 30, 2009 J/1 Variance re lot size to S4.4(b) of Subdivision APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ord that all lots meet requirement CZO for CONSENT JAMES L./EDYTH A. P AXTONICAROL YN P. JOYNER at 2821 North Landing Road. (DISTRICT 7 - PRINCESS ANNE) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: 11/28/06 S D E C E L I J C R U A W PAGE: 2 T E N L N N I 0 H E Z D L A D U L W AGENDA E Y N N 0 R E S P E 0 ITEM # SUBJECT MOTION VOTE L E E A R I V 0 H R Y N F A N 0 S N D 2!a RICHMOND 20MHz, LLC dba NTELOS re APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y extension of communications tower with max CONDITIONED heightoflOOft 2100 McComas Way (approved BY CONSENT August 14,2001) (DISTRICT 7 - PRINCESS ANNE) b PHILLIPS MOTORS OF V A BEACH, INe. APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y re additional reception area expand rear of the CONDITIONED building an auto sales at 4980 Va Beach Blvd BY CONSENT (approved November 9,2004) (DISTRICT 4- BA YSIDE) 3 JAMES EJVIRGINIA L. OWENS to APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y DELETE Proffer No.1 / MODIFY Proffer No. PROFFERED, l re "Carraway House"' as real estate office! BY CONSENT retail shop at 3 I 7 South Witchduck Road (approved January 14, 1980) (DISTRICT 2 - KEMPSVILLE) 4 T-MOBILE NORTHEAST, LLC CUP re APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y communications tower to accommodate 3 CONDITIONED wireless carriers at 1200Communications Circle BY CONSENT (DISTRICT 4-BA YSIDIi) 5 FF ACQUISITION, LLC CUP re fuel APPROVED! 10-1 Y Y Y Y N Y Y Y Y Y Y sales/canopy over fuel pumps adjacent to Fann CONDITIONED Fresh at 1 021lndependence Blvd (DISTRICT 4- BY CONSENT BA YSIDE) 6 KEMP ENTERPRISES, INC. COZ from R- APPROVED 10-1 Y Y Y Y Y N Y Y Y Y Y 5D to Conditional A-24 re multi family dwelling.> at Ken1eylBonney Rds (DISTRICT 2- KEMPSVilLE) N. EMPLOYEE BENEFITS TASK FORCE RESCHEDULED B Y C 0 N S E N S U S HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (BREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMniEE OLD BEACH DESIGN REVIEW COMMmEE PLANNING COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 1 E H M B L DATE: 11128/06 D E C E L S I J C R U A W PAGE: 3 T E N L N N I 0 H E Z D L A D U L W AGENDA E Y N N 0 R E S P E 0 ITEM # SUBJECT MOTION VOTE L E E A R I V 0 0 H R Y N F A N S N D BOARD OF BUILDING CODE APPEALS Reappointed - 2 10-1 Y A Y Y Y Y Y Y Y Y Y Yr. Terms 1/1/07 - 12/31/08 Building Division Thomas Atherton, III Ruth W. Ben G. Gregol)' Johnson Jimmie A. Koch Morton H. Savell Electrical Division Gary Smith Michael G. Swindell James S. Witcher New Construction Division William M. Davenport Chis Ette! Kenneth Rodman, Jr. Rick Savino Robert L Yoder PlumingfMechani cal Division Travis Chick Richard S. Comer Donald D. Jones, Sr. Peter C. Striftler James D. Wells BOARD OF ZONING APPEALS (BZA) Reappointed - 5 10-1 Y A Y Y Y Y Y Y Y Y Y Yr. Term 1/1/07 -12/3I!11 Floyd E. Waterfield, Jr. CHESAPEAKE BAY PRESERVATION Appointed 10..1 Y A Y Y Y Y Y Y Y Y Y AREA BOARD William Din Reappointed Dale W. Tyree 3 Yr. Term 1/1/07 -12/3]/09 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V D 0 I E H M B L DATE: 1l/28/06 D E C E L S I J C R U A W PAGE: 4 T E N L N N I 0 H E Z D L A D U L W AGENDA E Y N N 0 R E S P E 0 ITEM # SUBJECT MOTION VOTE L E E A R I V 0 0 H R Y N F A N S N D . COMMUNITY POllCY AND Reappointed - 2 10-1 Y A Y Y Y Y Y Y Y Y Y MANAGEMENT TEAM (CSA) Yr. Term 1/1/07 - 12/31/08 Marianne Dyson COMMUNITY SERVICES BOARD (CSB) Reappointed - 3 10-1 Y A Y Y Y Y Y Y Y Y Y Yr. Term 1/1/07 -12131/09 Raymond H. Kirby Madelyn H. Reass Helen P. Shrooshire RESORT ADVISORY COMMISSION Appointed - 3 10-1 Y A Y Y Y Y Y Y Y Y Y -RAe Yr. Term 1/1/07 -12/31/09 Ted Logue WEfLANDS BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired - Terms thru 9/30/08 Molly Brown thru 9130/09 Nils Bahringer alP ABSTRACT OF VOTES - IInl06 General CITY ClERK TO B Y C 0 N S E N S U S Election - Congressional Election RECORD Q ADJOURNMENT 6:22 pm CITY COUNCIL SESSIONS SCHEDULE JANUARY ZUU? COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16, 2007 THE RE9ULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007