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APRIL 24, 2007, AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER. Centerville - 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 L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 24 APRIL 2007 I. RESOURCE MANAGEMENT PLAN - Conference Room - (FY 2007-2008 Operating and Capital Budget) II. CITY MANAGER'S BRIEFINGS CITY HALL BUILD/NG 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 9:00 AM 1 :30 PM A. HAMPTON ROADS TRANSPORTATION AUTHORITY (HRTA) Arthur L. Collins, Executive Director - Hampton Roads Planning District Commission B. PRINCESS ANNE COMMONS William J. Whitney, Jr. (Jack), Interim Director - Planning C. INDOOR SPORTS VENUEIPRINCESS ANNE COMMONS Cindy Curtis, Director - Parks and Recreation III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber- 6:00 PM A. . CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Kevin Mi1carek Back Bay Christian Assembly of God 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 April 10, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASE OF CITY PROPERTY Pieces of Eight, LLC C.B.M. Co. I/A Schooner Inn 2. ACQUISITION OF EASEMENTS Diamond Springs Road Bridge Replacement 3. TAX RATE ON REAL PROPERTY FOR FY2007 (real estate tax rate) 4. CA V ALlER IPTV, LLC FRANCHISE Construct or operate a cable system I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to ADD SS 33-120 through 33-131 to the City Code re newsracks in the Resort Area. 2. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Pieces of Eight, LLC and C.B.M. Co. T/A Schooner Inn for City-owned property at 2nd Street and Atlantic Avenue for their Pirate Cruise tourist attraction and overflow parking for registered guests of the Schooner Inn. 3. Ordinance to AUTHORIZE the acquisition of permanent and temporary easements . either by agreement or condemnation, for Diamond Springs Road Bridge Replacement project to improve transportation within the 'City; AUTJIORlZE City Manager to make a reasonable offer to the owners or persons having an interest in said property. DISTRICT 4 - BA YSIDE . 4. Ordinance to AUTHORIZE it temporary encroachment into a portion of City property, known as Lake Wesley, for BRUCE L. THOMPSON at the rear of 456 Southside Road, to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift and to maintain existing piles, portions of an existing deck, brick patio, bulkhead and nprap. DISTRICT 6 - BEACH 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,965,315 in various U.S. Department of Housing and Urban Development (HUD) Federal Section 8 Voucher Revenues and TRANSFER $12,835 from the Community Development Site Acquisition to the Department of Housing and Neighborhood Preservation's FY 2006-2007 operating budget re rental housing b. $34,842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 operating budget re the purchase of office equipment c. $20,000 from the Virginia Beach Parks and Recreation Foundation to the Community Recreation Center Repairs and Renovations - Phase II, re constructing a preschool playground, with revenue from local sources increased accordingly, to be used by the Pre-School Buddies program d. ACCEPT donation ofa thermal imager, valued at $17,850, from the Commercial Equipment Direct Assistance program (CEDAP) to the Police Department in their homeland security mission 6. Ordinances to TRANSFER: a. $500,000 from the General Fund Reserve for Contingencies to a dedicated Reserve / for the Sheriff's Department to support potential increased costs of food and medical contracts b. $90,000 from the operating budget of the Arts and Humanities Commission to the general fund Transportation Reserve for Contingencies re the acquisition of artwork for the Sandler Center for the Performing Arts K. PLANNING 1. Applications of GRACE BIBLE CHURCH at Ansol Lane and Norfolk Southern Railway: DISTRICT 3 - ROSE HALL a. discontinuance, closure and abandonment of an unnamed, unimproved right-of- way b. Chanze ofZoninz District Classification from 1-1 Light Industrial District to 0-2 Office District c. Conditional Use Permit for a church RECOMMENDATION: APPROVAL 2. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a church at 5405 Indian River Road. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDATION April 10,2007 APPROVAL 3. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard. (The applicant has requested an indefinite deferral) DISTRICT 2 - KEMPSVILLE (Applicant requests Indefinite Deferral) RECOMMENDATION: Refer to the Planning Commission 4. Application of PRINCE OF PEACE LUTHERAN CHURCH for a Conditional Use Permit for a columbarium, memorial plaques, garden with benches and a walkway at 424 Kings Grant. DISTRICT 5 - L YNNHA VEN RECOMMENDATION: APPROVAL 5. Application ofT-MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.C. for a Conditional Use Permit for a wireless communications tower at 4300 Pembroke Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROV AL 6. Ordinance AMENDING SS111, 401,501,601,801, 901and 1001; ADDING SS 242.3 and 242.4 of the City Zoning Ordinance (CZO)to establish definitions ofa Home-Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center; and, ESTABLISHING specific standards and applicable districts for each use. 7. Application of CAROL CASE for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals at 113 Matt Lane. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 8. Application of SANDLER AT BRENNEMAN FARM, L.L.c. for a Modification of the Brenneman Farm PD-H2Land Use Plan (approved by Gity Council on September 9, 2003) to change the designated land use from carriage homes to two-story townhomes at Brenneman Trail. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL L. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITYWIDE TOWN MEETINGS June 19 September 18 November 20 Location To Be Announced -7:15 pm Location To Be Announced - 7:15 pm Location To Be Announced - 7:15 pm CITY COuNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 24 (Workshop) April 24 (public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 04/24/2007gw www.vbgov.com I. RESOURCE MANAGEMENT PLAN - Conference Room - (FY 2007-2008 Operating and Capital Budget) 9:00 AM II. CITY MANAGER'S BRIEFINGS 1 :30 PM A. HAMPTON ROADS TRANSPORTATION AUTHORITY (HRTA) Arthur L. Collins, Executive Director - Hampton Roads Planning District Commission B. PRINCESS ANNE COMMONS William J. Whitney, Jr. (Jack), Interim Director - Planning C. INDOOR SPORTS VENUEIPRINCESS ANNE COMMONS Cindy Curtis, Director - Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room- A. CALL TO ORDER - Mayor Meyera E. Oberndorf 4:30 PM B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION v. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Kevin Mi1carek Pastor, Back Bay Christian Assembly of God 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 April 10, 2007 G. AGENDA FOR FORMAL SESSION Ilrsnlutinu 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. LEASE OF CITY PROPERTY Pieces of Eight, LLC C.B.M. Co. TIA SchoonerInn 2. ACQUISITION OF EASEMENTS Diamond Springs Road Bridge Replacement 3. TAX RATE ON REAL PROPERTY FOR FY2007 (real estate tax rate) 4. CA V ALlER IPTV, LLC FRANCHISE Construct or operate a cable system Ad IDU?~~~~~?,."_____ ..,._ ______ .._ ,----- Date 12~!_1_9{~2.q.?_____ Time 12:21 PM The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday April 24, 2007 at 6:00 p.m. in the Council Chamber of the City Hall BUild- ing (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public comment on the City's proposal to lease approximately 0.34 acres of land to Pieces of Eight. LLC and C.B.M. Co. T fA Schooner Inn. If you are physically disabled or visually impaired and need assistance at this' meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TOO only 385 4305 (TDD Telephone Device for the Dean. Any questions concerning this matter should be directed to the Department of Management Ser- vices - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is (757)385 8234. .- . :) ~:F~..,....'..::r-_...' .' ,/ Ruth Hodges Fraser, MMC City Clerk Beacon April 15, 2007 16841347 Ad shown is not actual print size 16837548 L._....__.......... ...... Date LQ~!Q~!~..QQZ...... OR CONDEMNATJON The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agree- ment or condemnation I of easements necessary for the Diamond Springs Road Bridge Replacement Project (CIP #2-083), Tuesday, April 24, 2007, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "Diamond Springs Road Bridge Replacement" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this Hear- ing will be to obtain public input regarding authoriz- ing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this hearing should be directed to the Office Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. .-.. J' ,J ...- . ".. ., "'" I .._-.;s:.s;!.,./.;- '.!"-.....- .",.. Ruth Hodges Fraser. MMC City Clerk Beacon April 15. 2007 16837548 Ad shown is not actual print size Time .13:35 PM .^"^__.,..~,_.w_^.,, _,..~..'_'m',". ..^_w,._w_ NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE AND PUBLIC HEARING Tax Increase Caused bv Increase in Annual Assessment The City of Virginia Beach proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property (including public service properties). excluding additional assessments due to new construction or improvements to propertY, exceeds last year's total assessed value of real property by 18.39 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above. would be $0.8362 per $100 of assessed value. This rate will be known as the "lowered tax rate." 3, Effective Rate Increase: The City of Virginia Beach proposes to adopt a tax rate of $0.93 per $100 of assessed value. The difference between the lowered tax rate and the proposed rate would be $0.0938 per $100. or 11.22 percent. This difference will be known as the "effective tax rate increase." Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Virginia Beach will exceed last year's by 6.02 percent. NOTE: Although the fY 2007-08 Operating Budget as submitted to the City Council proposes a decrease in the current real estate tax rate to $0.93 on each $100 of assessed valuation. the assessment for individual properties, including public service property, increased by an average of 18.39%. Since the increase in assessments is over 1.00%, the preceding information was provided pursuant to Code of Virginia ~ 58.1-3321. Public HearinQ A Public Hearing on the increase will be held on Tuesday, April 24. 2007. at 6:00 P.M, in the City Council Chamber on the second floor of the City Hall Building (Building #1),2401 Courthouse Drive, Virginia Beach, Virginia. This Hearing is open to the public, and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting. please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828- 1120. 6807476 Date 1.~4/E~/20Q.~________ ~--,._._-_..---------'~~-'~ Notice is hereby given that the Virginia Beach City Council will hold a Public Hearing concerning the grant of a franchise to Cavalier IPlY, LLC to con- struct or operate a cable system in the City of Vir- ginia Beach. The Public Hearing will be held in the Council Chamber. City Hall Building. Municipal Cen- ter. Virginia Beach, Virginia, on April 24, 2007 at 6:00 p.m. All interested citizens are invited to attend. A copy of the proposed franchise is on file and available for Inspection during normal busi- ness hours in the office of the City Clerk. (F~''';-,.J-", -' ." Ruth Hodges Fraser, MMC Beacon April 15 & 22. 2007 16807476 Page 1 of 1 Time l!:_~~~~_.-J I. CONSENT AGENDA J. ORDINANCES 1. Ordinance to ADD SS 33-120 through 33-131 to the City Code re newsracks in the Resort Area. 2. Ordinance to AUTHORIZE the City Manager to execute a Lease for less than five (5) years with Pieces of Eight, LLC and C.B.M. Co. T / A Schooner Inn for City-owned property at 2nd Street and Atlantic A venue for their Pirate Cruise tourist attraction and overflow parking for registered guests of the Schooner Inn. 3. Ordinance to AUTHORIZE the acquisition of permanent and temporary easements either by agreement or condemnation, for Diamond Springs Road Bridge Replacement project to improve transportation within the City; AUTHORIZE City Manager to make a reasonable offer to the owners or persons having an interest in said property. . DISTRICT 4 - BA YSIDE 4. Ordinance to AUTH.ORIZE a temporary encroachment into a portion of City property, known as Lake Wesley, for BRUCE L. THOMPSON at the rear of 456 Southside Road, to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift and to maintain existing piles, portions of an existing deck, brick patio, bulkhead and riprap. DISTRICT 6 - BEACH 5. Ordinances to ACCEPT and APPROPRIATE: a. $1,965,315 in various U.S. Department of Housing and Urban Development (HUD) Federal Section 8 Voucher Revenues and TRANSFER $12,835 from the Community Development Site Acquisition to the Department of Housing and Neighborhood Preservation's FY 2006-2007 operating budget re rental housing b. $34,842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 operating budget re the purchase of office equipment . c. $20,000 from the Virginia Beach Parks and Recreation Foundation to the Community Recreation Center Repairs and Renovations - Phase II, re constructing a preschool playground, with revenue from local sources increased accordingly, to be used by the Pre-School Buddies program d. ACCEPT donation ofa thermal imager, valued at $17,850, from the Commercial Equipment Direct Assistance program (CEDAP) to the Police Department in their homeland security mission 6. Ordinances to TRANSFER: a. $500,000 from the General Fund Reserve for Contingencies to a dedicated Reserve for the Sheriff's Department to support potential increased costs of food and medical contracts b. $90,000 from the operating budget ofthe Arts and Humanities Commission to the general fund Transportation Reserve for Contingencies re the acquisition of artwork for the Sandler Center for the Performing Arts ~iI~ ~~~;~.;& <,0 .".:::-.-- .~.:t' ~E!" }"";'~"'~i~: \ ~ %~~ .)Jj 'X~~:~~.:~ ''"''^'''' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Sections 33-120 through 33-131 to the City Code Pertaining to Newsracks In the Resort Area MEETING DATE: April 24, 2007 . Background: In 1999, City Council adopted City Code S 33-18.1, which contains several standards for the placement of newsracl5s on public property to ensure that disabled' persons have unimpeded access to cross-walks and pedestrian crossing buttons. Although that Code section has been successful in assisting persons with disabilities, it does not address an issue that has become increasingly problematic in the past several years: the escalating proliferation of newsracks in the public right-of-way in the Resort Area. A survey taken in 2002 indicated that there were 423 newsracks along Atlantic Avenue. Just three years later, in 2005, the number of news racks along Atlantic Avenue increased forty one percent to 596. As of August 2006, there were 676 news rack boxes in the resort area. In an effort to address the public safety and aesthetic problems created by the proliferation of news racks, City staff has worked with the distributors and publishers of both paid and free publications, as well as the Resort Advisory Commission, the Virginia Beach Restaurant Association, the Resort Retailers Association, and the Virginia Beach Hotel-Motel Association. After many months of work on this issue, the vast majority of the representatives for publications currently in the Resort Area have endorsed the approach taken in this ordinance. . Considerations: The ordinance restricts the placement of newsracks in the Resort Area to fifty locations identified in the attached appendix, and it limits each publication to one newsrack per location. The ordinance requires each news rack to contain information identifying its distributor, and newsracks are required to have doors or other coverings. The ordinance also establishes standards for the installation and maintenance of newsracks, and for removal of newsracks that are not in compliance with the ordinance's provisions. The ordinance will sunset on May 1, 2009, unless City Council by ordinance removes the expiration date. . Public Information: Newsrack regulation has been discussed at several City Council meetings, and City staff has met with publication representatives dozens of times during the past several months, Public hearings were held on March 30, 2006 and on January 3, 2007. This item will be advertised in the same manner as other agenda items. . Recommendations: Adoption . Attachments: Ordinance, Appendix A Recommended Action: Adoption Submitting Department/Agency: Convention and Visitors Bureau City Manager' I( · ?r(]~ 1 AN ORDINANCE TO ADD SECTIONS 33-120 THROUGH 2 33-131 TO THE CITY CODE PERTAINING TO 3 NEWSRACKS IN THE RESORT AREA 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 7 That Sections 33-120 through 33-131 of the City Code are 8 hereby added as follows: 9 10 Article VIII. NEWSRACKS IN THE RESORT AREA 11 Section 33-120. Legislative intent and purpose 12 13 The City Council of the City of Virginia Beach hereby finds 14 and declares that: 15 16 (1) The uncontrolled placement of news racks and 17 newspaper vending machines in public rights-of- 18 way presents an inconvenience and danger to the 19 safety and welfare of the public, including 20 pedestrians, persons entering and leaving 21 vehicles and buildings, and persons performing 22 essential utility, traffic control, and emergency 23 services; 24 25 (2) The ready availability of newspapers and other 26 publications is beneficial to the public and to 27 government, for without an informed public, 28 government cannot properly function. However, the 29 uncontrolled placement of newsracks in the public 30 rights-of-way can constitute a public nuisance; 31 32 (3) The city's economic vitality depends ln large 33 measure upon its continued growth as a major 34 center of tourism and as a place in which 35 business can flourish. The resort area of the 36 city, in particular, is a unique and valuable 37 asset to the city and its citizens, inasmuch as 38 it is a major center of tourism generating 39 substantial revenue for the public benefit. The 40 continued revitalization of the resort area, and 41 especially Atlantic and Pacific Avenues, will be 42 promoted by regulating the location and 43 characteristics of newsracks. An appealing, well- 44 kept appearance is critical to the city's 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 continued ability businesses; visitors and to attract (4) Moreover, maintaining and improving the appearance of the city is vital to the well-being of the residents of the city. An attractive and harmonious community enhances the quality of life of the city's residents; and (5) It is the intention of city council in adopting this section to carefully weigh and balance the benefits of regulating the placement and other characteristics of news racks in public rights-of- way against the potential impacts which may result from such regulation. COMMENT This section provides City Council's rationale for adopting this ordinance. The ordinance addresses the proliferation of newsracks and promotes public safety and aesthetics. Section 33-121. Definitions For purposes of this article, the following words and phrases shall be construed as follows: ( 1 ) City Manager shall mean the other employee of the city by the city manager to prescribed in this article. city manager or such as may be designated perform the duties City city shall mean of Virginia Virginia Beach or agents of Ci ty of employees Beach. (2 ) or the (3) Newsrack shall mean any self-service or coin- operated boxr container, storage unit or other dispenser that rests or projects, in whole or in part, in or upon any portion of the public rights-of-way, and is installed, used or maintained for the display, sale, or distribution of newspapers or other publidations. (4) Distributor shall mean a person, firm, corporation or other entity responsible for placing or maintaining a newsrack in the public right-of-way. 2 92 (5) Resort Area shall mean that area bordered on the 93 north by the northernmost curb line of 38th 94 Street, on the east by the mean low water line of 95 the Atlantic Ocean, on the south by Rudee Inlet, 96 and on the west by the imaginary line running 97 north to south, fifteen (15) feet to the west of 98 the westernmost curb line of Pacific Avenue. 99 100 COMMENT 101 1 02 This section defines the key terms used in the ordinance. 103 104 Section 33-122. Applicability 105 106 This article applies only to newsracks located in the 107 public rights-of-way in the resort area. 108 109 CQMMENT 110 111 This section provides that the ordinance is applicable only to newsracks in the public rights- 112 of-way in the resort area, and not newsracks located on private property. 113 114 Section 33-123. General prohibitions 115 116 No newsrack shall be placed, installed, used or maintained 117 in any public right-of-way in the resort area unless such 118 placement, installation, use, or maintenance is explicitly 119 authorized by this article and the requirements of this article. 120 121 COMMENT 122 123 This section requires distributors to install, use and maintain newsracks in the public 124 rights-of-way in the resort area in accordance with the provisions of this section. 125 126 Section 33-124. Location of newsracks 127 128 The city manager surveyed the resort area and determined 129 the locations that are suitable for newsracks. The locations are 130 set forth in appendix A. In evaluating each location, the city 131 manager used, and shall use in the future if additional 132 locations are required, the following general criteria: 1) 133 effect on pedestrian, emergency services, and public 134 transportation access on, to, and from streets and sidewalks; 2) 135 required maintenance of public facility infrastructure; 3) 136 vehicular safety; 4) the effect of the location, mass, and bulk 137 of newsracks on the streetscape aesthetics of each block; 5) 138 sidewalk width; 6) parking meter access, including access by 139 persons with disabilities; 7) access to bicycle parking; 8) 3 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 access to fire hydrants; 9) access to bus stops; 10) access to benches and trash receptacles; 11) maintenance and access to street trees, planters, and utility and signal poles; 12) access generally from the street to the sidewalk and the sidewalk to the street; 13) blocking of views at intersections, alleys, and driveways; and 14) distance from intersections and driveways and alleys. COMMENT This section lists the fourteen criteria that the City Manager must consider when determining locations for newsracks. Section 33-125. Installation of news racks The space available at each location identified in appendix A shall be available to distributors on a first-come, first served basis. Distributors may not install more than one newsrack per publication at each location identified in appendix A. COMMENT This section requires newsracks to be installed at the locations identified in appendix A, and allows only one newsrack per publication at each location. Section 33-126. General standards for newsracks (a) Each newsrack shall have permanently affixed, in a readily visible place, the current name, address, and telephone number of the distributor. (b) Each newsrac~ shall have a door, covering, and/or other appropriate device(s) preventing the publications therein from getting wet or flying out due to rain, wind, or similar environmental conditions. COMMENT This section establishes general standards for newsracks, including an identification requirement and a requirement for newsracks to have a door or covering. 4 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 Section 33-127. Standards for insta11ation and maintenance of news racks In addition to the standards set forth in Section 33-18.1, news racks shall comply with the standards set forth in this section: (a) Newsracks shall only be placed in the resort area In the locations specifically identified in appendix A. (b) When installing a newsrack, if one or more newsracks have previously been installed in said location, a distributor shall install his/her newsrack in such a manner so that the newsrack is immediately contiguous" to another news rack previously installed in said location. (c) If any portion of a newsrack, including the door when ajar or the coin collection mechanism, is outside of the four corners of the location designated by the city manager for newsracks to be placed in the public rights-of-way, the city manager may remove the news rack pursuant to the procedure set forth in section 33-129. (d) In the event that demand for newsrack space exceeds availability, the city manager shall consider the general criteria set forth in section 33-124 "and may add additional newsrack locations. (e) No portion of any news rack shall proj ect into or be located in any roadway. (f) No portion of any newsrack shall be located directly in front of any display window. (g) Only drop-in type anchor bolts may be used to secure newsracks to the public right-of-way. (h) Newsracks shall not be chained, bolted, or otherwise attached to the private property of another, any street furniture, tree, sign, or other permanently fixed obj ect. (i) Each newsrack shall be maintained in a reasonably neat and clean condition and in good repair, including: (1) reasonably free of dirt, trash, debris, foreign 5 229 objects, graffiti, stickers, dents, and grease; (2) 230 reasonably free of chipped, faded, peeling, and 231 cracked paint in any visible painted areas; (3) 232 reasonably free of rust and corrosion in any visible 233 unpainted metal areas; (4) any clear parts through 234 which publications are visible shall be unbroken and 235 reasonably free of cracks, scratches, dents, 236 blemished, and discoloration; (5) any paper or 237 cardboard parts or inserts shall be reasonably free of 238 tears, peeling, or fading; and (6) no structural 239 components shall be broken or unduly misshapen. 240 241 COMMENT 242 243 This section establishes specific standards that distributors must follow for installation and 2 4 4 maintenance of newsracks. These standards are in addition to the ,standards set forth in City Code 245 ~ 33-18.1, which contains additional provisions for newsrack placement to ensure that disabled, 246 blind or visually impaired persons have unimpeded access to cross-walks and pedestrian crossing 2 4 7 buttons. 248 249 Section 33-128. Standards for removal of news racks by distributors' 250 251 Upon removal of any newsrack, the distributor shall 252 eliminate any potential hazards to the public, such. as bolts, 253 brackets, or holes, and shall restore any disturbed area in the 254 public right-of-way to the sam€ or reasonably similar condition 255 as any adjoining public right-of-way by removing any 256 protrusions, cleaning the cavity of debris, filling the cavity 257 with high strength epoxy or grout to meet the elevation of the 258 adj oining public right-of-way, and avoiding potential 259 depressions by taking into account shrinkage and settlement of 260 new materials. The public right-of-way shall be level and free 261 of protrusions or depressions. The distributor shall match as 262 close as reasonably possible the color, texture, and material of 263 any adjoining public right-of-way. 264 265 COMMENT 266 267 This section requires distributors to restore the public right-of-way to its original condition 268 when removing a newsrack. 269 270 Section 33-129. Removal of newsracks by city manager 271 272 (a) If the city manger determines (1) a newsrack has been 273 installed or maintained in violation of the provisions of 274 this article, or section 33-18.1; (2) the condition or 275 placement of a newsrack poses a threat to the health, 276 safety, or welfare of pedestrians or wheelchair users, or 6 277 the safe flow of vehicles; or (3) that the identification 278 of a distributor, publisher or other party responsible 279 for a newsrack in not readily identifiable or affixed to 280 the newsrack, the newsrack may be removed by the city 281 manager and stored in temporary custody, subj ect to the 282 notice requirements set forth below. 283 284 (b) Prior to removing a newsrack, the city manager shall 285 provide the distributor with a notice to correct the 286 violation. Such notice shall be deemed to constitute 287 sufficient notice of a violation if it is properly 288 addressed and mailed to the distributor by certified 289 mail, return receipt requested, at the address set forth 290 on the newsrack. The notice shall specifically describe 291 the violation and set forth the action (s) necessary to 292 correct the violation. The notice shall also specify that 293 failure to correct the violation wi thin seven (7) days 294 f<;:>llowing the date of mailing of the notice will result 295 in the removal of the news rack by the city manager and 296 its storage in temporary custody. The notice shall advise 297 the distributor as to the location of the newsrack and 298 the procedure for claiming same. 299 300 (c) Notwithstanding the provisions of subsection (b), if any 301 news rack (i) has been installed, used or maintained in 302 violation of the provisions of this article and (ii) does 303 not display the name and address of the distributor, 304 notice of violation shall be sufficient by posting such 305 notice on the newsrack. Failure to correct the violation 306 within seven (7) days following the date of posting will 307 resul t in removal and storage of the newsrack as set 308 forth in subsection (b). 309 310 (d) Any distributor, person, or other entity who claims to be 311 aggrieved by a finding, determination, notice or action 312 taken under the provisions of this section may appeal to 313 the city manager. An appeal shall be perfected wi thin 314 three (3) days after receipt of a notice of violation or 315 other action by filing with the office of the city 316 manager a letter of appeal stating the basis for such 317 appeal. The city manager shall schedule a hearing of such 318 appeal on a date not later than ten (10) days after the 319 filing of the appeal; provided, however, that such 320 hearing may, at the discretion of the city manager, be 321 rescheduled for good cause shown. The city manager shall 322 take no action during the pendency of an appeal. Failure 323 to correct a violation of this section within seven (7) 7 324 days following (i) the expiration of the time for noting 325 an appeal or (ii) the denial of an appeal, shall result 326 in the removal and storage of the news rack or newspaper 327 vending machine. 328 329 (e) Any newsrack removed pursuant to this section must be 330 claimed by the distributor within thirty (30) days of 331 such removal. Additionally, any distributor of any 332 newsrack removed and stored pursuant to this subsection 333 may be charged a reasonable fee for such removal, 334 restoring any part of the public right-of-way, and 335 storage. If the distributor fails to claim the newsrack 336 or refuses to pay storage, removal, or restoration costs, 337 the city manager may dispose of same.. Any proceeds or 338 monies from the disposal of a news rack shall be forwarded 339 to the city treasurer for deposit into the general fund 340 of the city. 341 342 COMMENT 343 344 This section authorized the City Manager to remove a newsrack if (1) it has been installed 345 or maintained in violation of this ordinance or section 33-18.1 (which contains standards to prevent 346 impediments to the use of cross walks by disabled persons); (2) it threatens the health, safety .or 347 welfare of the public; or (3) the newsrack fails to identify the distributor or responsible party. Prior 348 to removal, the City Manager must first provide written notice and an opportunity to correct the 349 deficiency. Distributors may appeal to the City Manager if they assert that they believe they have 350 been aggrieved by the removal. 351 352 Section 33-130. Severability. 353 354 If any provision of this article or the application thereof 355 to any person or circumstance is held invalid, the invalidity 356 shall not affect the' other provisions or application of this 357 article which can be given effect without the invalid provision 358 or application, and to this end the provisions of this article 359 are severable. 360 361 COMMENT 362 3 63 This section provides that, in the event that a court determines that any part of this 364 ordinance is invalid, the remaining provisions of the ordinance shall remain in effect. 8 365 366 367 368 369 370 371 372 373 374 375 376 Section 33-131. Sunset Provision. This section shall expire on May 1, 2009. COMMENT This ordinance will expire on May 1, 2009, unless City Council adopts a subsequent ordinance removing the expiration provision. Adopted by the Virginia, on the Council day of of the City of Virginia , 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: isitors ~~~ City Attorney s Office CA-9746 v:\applications\citylawprod\cycom32\Wpdocs\D029\P001\OO025684.DOC R-9 April 18, 2007 9 Beach, APPENDIX A Newspaper Box Locations 1. Northeast corner of 2nd St and Atlantic Ave beginning approximately 10ft east of the east curb of Atlantic Ave extending east 20 ft and 12 ft north of the north curb of 2nd St. 2. Southeast corner of 3rd St and Atlantic Ave beginning approximately 10ft east of the east curb of Atlantic Ave and extending 15 ft east on the south edge of connector park. 3. Southeast corner of 4th St and Atlantic Ave beginning approximately 18 ft east of the east curb of Atlantic Ave extending south 11 ft and 10 ft south of the 4th St access entrance. 4. Southeast corner of Atlantic Ave and 5th St beginning approximately 17 ft east of the east curb of Atlantic Ave extending east 20ft and 7 ft south of the south curb of 5th St. 5. West side of Atlantic Ave beginning approximately 44 ft north of the northwest corner of 5th St and Atlantic Ave extending north 34 ft and 2 ft west of the west curb of Atlantic Ave. 6. Northeast corner of 6th St and Atlantic Ave beginning approximately 10ft east from the .east curb of Atlantic Ave extending east 20 ft and against the north edge of the connector park. 7. Westside of Atlantic Ave beginning approximately 27 ft south of the southwest corner of 7th St and Atlantic Ave extending south 17ft from ih St and 2 ft west of the west curb of Atlantic Ave. 8. Southeast corner of 7th St and Atlantic Ave beginning approximately 20 ft east from the Atlantic Ave curb extending east 20 ft and 10ft south of 7th St access. 9. West side of Atlantic Ave beginning approximately 107 ft north of the northwest corner of 8th St and Atlantic Ave extending north 20 ft and 2 ft west of the west curb of Atlantic Ave. 10. West side of Atlantic Ave beginning approximately 44 ft north of the northwest corner of 9th St and Atlantic Ave extending north 20 ft. and 2 ft west of the west curb of Atlantic Ave. 11. West side of Atlantic Ave beginning approximately 77 ft north of the northwest corner of 10th St and Atlantic Ave extending north 20 f and 2 ft west of the west curb of Atlantic Ave. 12. West side of Atlantic Ave beginning approximately 35 ft north of the northwest corner of 11 th St and Atlantic Ave extending north 30 ft and 2 ft west of the west curb of Atlantic Ave. 13 . West side of Atlantic Ave beginning approximately 150 ft north of the northwest corner of 1 th St and Atlantic Ave. extending north 31 ft and 2 ft west of the west curb of Atlantic Ave. 14. Northeast corner of 13th St and Atlantic Ave beginning approxim~tely 10 ft east of the Atlantic Ave curb line extending north 12 ft and north side of the connector park access. 15. West side of Atlantic Ave beginning approximately 42 ft north of the northwest corner of 14th St and Atlantic Ave extending north 25 ft and 2 ft west of the west curb of Atlantic Ave. 16. East side of Atlantic Ave beginning approximately 27 ft south ofthe southeast corner of 15th St and Atlantic Ave extending south 20 ft and 10ft east of the east curb of Atlantic Ave. 17 . West side of Atlantic Ave beginning approximately 172 ft north of the northwest corner of 15th St and Atlantic Ave extending north 32 ft and 2 ft west of the west curb of Atlantic Ave. 18. West side of Atlantic Ave beginning approximately 124 ft south of the southwest corner of 1 ih St and Atlantic Ave extending south 18 ft and 2 ft west of the west curb of Atlantic Ave. 19. 17th St and the boardwalk in an 8 ft area directly behind the Virginia Beach Visitors Center Information Booth. . 20. Southwest corner of 17th St and Atlantic Ave beginning approximately 25 ft west of the Atlantic Ave curb extending west 37ft and 2 ft south of the 17th St curb. 21. Northeast corner of 17th St and Atlantic Ave beginning approximately 13 ft east of the Atlantic Ave curb extending east 27 ft and 20 ft north of the north curb entrance to the Dairy Queen. 22. Southeast corner of 18th St and Atlantic Ave beginning approximately 19 ft east of the Atlantic Ave curb extending east 20 ft and 7 ft south of the 18th St curb. 23. Southwest corner of 19th St and Atlantic Ave beginning approximately 36 ft west of the Atlantic Ave curb extending west 32 ft and 14 ft south ofthe 19th St curb. 24. Northeast corner of 20th St and Atlantic Ave beginning approximately 11 ft east of the Atlantic Ave curb extending east 20 ft and against the north side of the connector park. 25. Northeast corner of 21st St and Atlantic Ave beginning approximately 50 ft north of the northcurb entrance to the Holiday Inn extending north 25 ft and 2 ft east of the Atlantic Ave curb. 26. Northwest corner of 21 st St and Atlantic Ave beginning approximately 31 ft west of the Atlantic Ave curb extending west 32 ft and 2 ft north of the 21st St curb. 27. Southwest corner of 22nd St and Atlantic Ave beginning approximately 39 ft west of the Atlantic Ave curb extending east 22ft and 20 ft south of the 22nd St curb. 28. Northwest corner of 22nd St and Atlantic Ave beginning approximately lOft east of the east curb extending north 18 ft and at the northern most edge of the connector park. 29. Northeast corner of 24th arid Atlantic Ave in a 12 ft area directly east ofthe Virginia Beach Visitor Center Information Booth and west of the public restroom facility building. 30. Southeast corner of 25th St and Atlantic Ave beginning approximately 19 ft east of the Atlantic Ave curb extending south 15 ft and 3 ft south of the 25th St connector park. 31. Southwest corner of 25th St and Atlantic Ave beginning approximately 33 ft west of the Atlantic Ave curb extending west 23 ft and 2 ft south of the 25th St curb. 32. East side of Atlantic Ave beginning approximately 152 ft north of the northeast corner of 25th St and Atlantic Ave extending north 29 ft and 2 ft east of the east curb of Atlantic Ave. 33. Southeast corner of 27th St and Atlantic Ave beginning approximately 12 ft east of the Atlantic Ave curb extending east 20 ft and against the south edge of the connector park. 34. Northwest corner of 27th St and Atlantic Ave a beginning approximately 10ft west of the Atlantic Ave curb extending west 16 ft and 12 ft north of the 27th St curb. 35. Northeast corner of 28th St and Atlantic Ave beginning approximately 9 ft east of the Atlantic Ave curb extending east 14 ft and 9 ft north of the 28th St curb. 36. Southeast corner of 29th St and Atlantic Ave beginning approximately 12 ft east of the Atlantic Ave curb extending east 20 ft and adjacent to the south edge ofthe connector park. 37. Southwest corner of 30th St and Atlantic Ave beginning approximately 25 ft south of the 30th St curb extending south 39 ft and 2 ft west ofthe Atlantic Ave curb. 38. East side of Atlantic Ave beginning approximately 122 ft north of the northeast comer of 31 th St and Atlantic Ave and 15 ft east of the Atlantic Ave curb extending east 40 ft. This area is on the north edge of the 31 5t St Park and north of the stage. 39. Southeast corner of33rd St and Atlantic Ave beginning approximately 18 ft east of the Atlantic Ave curb extending east 20 ft and 9 ft south of the 33rd St curb. 40. West side of Atlantic Ave beginning approximately 80 ft north of the northwest corner of33rd St and Atlantic Ave extending north 20 ft and 2 ft west of the west curb of Atlantic Ave. 41. West side of Atlantic Ave beginning approximately 118 ft north of the northwest corner of 34th St and Atlantic Ave. extending north 43 ft and 2 ft west of the west curb of Atlantic Ave. 42. West side of Atlantic Ave beginning approximately 40 ft north of the northwest corner of 35th St and Atlantic Ave. extending north 11 ft and 2 ft west of the west curb of Atlantic Ave. 43. West side of Atlantic Ave beginning approximately 20 ft north of the northwest corner of 36th St and Atlantic Ave extending north 20 ft and 10ft west of the west curb of Atlantic Ave. 44. Southeast corner of3ih St and Atlantic Ave beginning approximately 15 ft east of the Atlantic Ave curb extending east 10ft and against south edge of connector park. 45. West side of Atlantic Ave beginning approximately 195 ft north of the northwest corner of 3 ih St and Atlantic Ave extending north 13 ft. and 2 ft west of the west curb of Atlantic Ave. . 46. East side of Atlantic Ave beginning approximately 29 ft south of the southeast comer of 39th St and Atlantic Ave extending south 25 ft and 9 ft east of the east curb of Atlantic Ave. 47. West side of Atlantic Ave beginning approximately 77 ft south of the southwest corner of 40th St and Atlantic Ave extending south 22 ft and 2 ft west of the west curb of Atlantic Ave. 48. Northwest corner of 19th St and Pacific Ave beginning approximately 12 ft west of the Pacific Ave extending west 11 ft and 16 ft north of the 19th St curb. ' 49. Southwest corner of 20th St and Pacific Ave beginning approximately 10ft west of the Pacific Ave extending west 14 ft and 9 ft south of the 20th St curb. 50. Southwest corner of 25th St and Pacific Ave beginning a,pproximately 20 ft west of the 25th St curb extending south 11 ft and 12 ft west of the Pacific Ave curb. ~h .rff~~_. . .~;\, (t:J' · .- ':.~) ~ui ... :~, s..~.,\~ - if] l:4>~::~~~ ~~o.:r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Less than Five Years with Pieces of Eight, LLC and C.B.M. Co. TIA Schooner Inn for 0.34 Acres of City Owned Land Located at the Intersection of 2nd Street and Atlantic Avenue MEETING DATE: April 24, 2007 . Background: The City of Virginia Beach owns a vacant parcel of land approximately 0.34 acres at the intersection of 2nd Street and Atlantic Avenue in the Rudee Loop area (the "Premises"). Pieces of Eight, LLC and C.B.M. Co. TIA Schooner Inn (collectively, "Tenant") have requested to lease the Premises to provide parking for their Pirate Cruise tourist attraction and for overflow parking for registered guests of the Schooner Inn. The Tenant plans to make improvements to the Premises in an amount not to exceed $20,000. . Considerations: This lease would be for an initial term of one year with four one-year mutual renewal options. If the City does not a approve a renewal option requested by the Tenant, the City agrees to pay a pro-rata portion of the Tenant's improvement costs based on the number of years remaining in the five- year period that includes the initial term and the renewal terms. The City has a gO-day termination right at any time, provided the City pays the pro-rata share of the Tenant's improvement costs based on the length of time remaining in the five- year period that includes the initial term and the renewal terms. (For example, if the improvement costs equal $20,000 and the City does not approve the second renewal term, the City would pay the Tenant $12,000.) . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease Agreement as presented, change conditions of the Lease Agreement or deny leasing of subject premises. . Recommendations: Approval . Attachments: Summary of Terms, Ordinance, Location map Recommended Action: Approval Submitting Department/Agency: Management Services I Facilities Management Office CityManageQ~ 1L .~~ 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR 3 LESS THAN FIVE YEARS WITH PIECES 4 OF EIGHT, LLC AND C.B.M. CO. T/A 5 SCHOONER INN FOR 0.34 ACRE OF CITY 6 OWNED LAND LOCATED AT THE 7 INTERSECTION OF 2ND STREET AND 8 ATLANTIC AVENUE. 9 10 WHEREAS, the City of Virginia Beach ("the City") is the 11 owner of that certain parcel of land located on the northeast 12 corner of 2nd Street and Atlantic Avenue; 13 14 WHEREAS, Pieces of Eight, LLC and C.B.M.. Co T/A Schooner 15 Inn would like to enter into a formal lease arrangement with the 16 City for the Premises shown on Attachment A; 17 18 WHEREAS, Pieces of Eight; LLC and C.B.M. Co. T/A Schooner 19 Inn have agreed to pay the City $27,000.00 for the use of the 20 Premises for a twelve month period; 21 22 WHEREAS, the Premises will be utilized as a. parking lot for 23 the customers of Pieces of Eight Pirate Cruise and for overflow 24 parking for guests of the Schooner Inn, and for no other 25 purpose; 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a 31 lease for the term of less than five years between Pieces of 32 Eight, LLC and C.B.M. Co T/A Schooner Inn, jointly and 33 severally, and the City, for the Premises in accordance with the 34 Surrnnary of Terms attached hereto and such other terms, 35 conditions or modifications as may be satisfactory to the City 36 Attorney and the City Manager. 37 the Council day of of the City of Virginia , 2007. Beach, Adopted by Virginia on the CA10296 R-1 v:\applications\citylawprod\cycom32\Wpdocs\D009\P002\O0031200.DOC 4/11/2007 TO LEGAL AND FORM APPROVED AS TO CONTENT t~ ~/7 Signatur A/fn9~/7?C7t ./ ~./.C-&---S Department SUMMARY OF TERMS LEASE FOR THE USE OF .34 ACRE OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Pieces of Eight, LLC and C.B.M. Co. tJa Schooner Inn PREMISES: Approximately .34 acre of City property located at 2nd Street and Atlantic Avenue IMPROVEMENT COSTS: Lessee shall make improvements to the Premises in an amount not to exceed .$20,000 INITIAL TERM: May 1, 2007 through April 30, 2008 RENEWAL OPTIONS: Four one-year mutual renewal options. If the City does not approve a Renewal Option, City shall pay Lessee a pro-rata portion of the Improvement Costs based on the number of years remaining in the five-year period that includes the Initial Term and the Renewal Options; RENT: Rent shall be $27,000, payable in equal monthly installments of $2,250.00. RIGHTS AND RESPONSffiILITIES OF LESSEE: . Will use the Premises for parking for its guests and for no other purpose. . Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. . Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. . 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. · Will have the right to require Schooner Inn to surrender possession and control of the Premises to the City upon forty-eight (48) hours notice in the discharge of its powers, purposes, or responsibilities. · Will have the right to grant easements and rights of way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: The City may terminate the Lease upon providing ninety (90) days written notice to Lessee, provided that City pays Lessee a pro-rata portion of the Improvement Costs based on the length of time remaining in the five-year period that includes the Initial Term and the Renewal Options. EXHIBIT "A" "TO I"":"i~~'~'"\:'\ ~~~~~~/'2.. f~/;;.x:--'~~:,;,,~~, <t:~ ~'l.) ~:~~:S~~~:.:~J! ~................"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize the acquisition of permanent and temporary easements, either by agreement or condemnation, for Diamond Springs Road Bridge Replacement Project (CIP 2-083) MEETING DATE: April 24, 2007 . Background: The Diamond Springs Road Bridge Replacement Project (the "Project") first appeared in the FY 2000-01 CIP. Based on the finciings of the Bridge Inspection Report, two bridges on Diamond Springs Road that cross the Van Wyck Canal (between Haden Road and Shore Drive) were recommended for replacement. The project limits are approximately 800 feet south of the Shore Drive-Diamond Springs Road intersection to approximately 280 feet north of the Haden Road-Diamond Springs Road intersection. Improvements to the existing roadway and drainage structures located within the construction limits will also be made. The Project will require acquiring permanent and temporary easements over four parcels. . Considerations: This Project is needed to replace the existing bridges on Diamond Springs Road. These bridges, built in 1937 and in 1957, are approaching the end of their useful lives. The bridges currently carry an average of more than 26,000 vehicles per day, and oversized vehicles must be routed around them. These structures require increasingly significant amounts of maintenance due to their deteriorated state. The City has contacted the owners of the four properties where easements are proposed to advise them of the Project. Funding for the acquisition has been appropriated. . Public Information: A public hearing for this agenda item was advertised as required by law. . Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the easements associated with the Project. . Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the easements associated with the Project. . Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works Jet.. <fI'l PA~ City Manager~ t,~ 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PERMANENT AND 3 TEMPORARY EASEMENTS, EITHER BY 4 AGREEMENT OR CONDEMNATION, FOR 5 DIAMOND SPRINGS ROAD BRIDGE 6 REPLACEMENT PROJECT (CIP 2-083) 7 8 WHEREAS, in the opinion of the Council of the City of Virginia 9 Beach, Virginia, a public necessity exists for the construction of 10 this important roadway project to improve transportation within the 11 City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and 13 for the welfare of the people in the City of Virginia Beach. 14 15 NOW, ,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition 19 by purchase or condemnation pursuant to Sections 15.2 -1901, et 20 seq., Sections 33.1-89, et seq., and Title 25.1 of the Code of 21 Virginia of 1950, as amended,of all that certain real property to 22 include permanent and temporary easements (the "Property"), as 23 shown on the plans entitled "DIAMOND SPRINGS ROAD BRIDGE 24 REPLACEMENT PROJECT, CIP 2-083" (the "Project") and more 25 specifically described on the acquisition plats for the proj ect 26 (plats and plans collectively referred to as the "Plans"), the 27 Plans being on file in the Engineering Division, Department of 28 Public Works, City of Virginia Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make 31 or cause to be made on behalf of the City of Virginia Beach, to the 32 extent that funds are available, a reasonable offer to the owners 33 or persons having an interest in said Property. If refused, the 34 City Attorney is hereby authorized to institute proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the day of 2007. CA10298 R-1 V \applica,ions.ci'ylawpl'od\cycom32\ Wpdocs\DO 19\P002\00030092. DOC PREPARED: 4/10/07 ~..PROVED AS TO CONTENTS '. mY5 C. ~SCv\. S NATURE PLD REAl E~m DEPARTMENT TO r ~ 4~;[....~. ;:;:S~t;~ fd-] -. :~ (0: .' :> ~..~;iJ .....,.t~. .I!><l-lI Dr (lll~ "",,0 "" \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Wesley located at the rear of 456 Southside Road, for property owner, Bruce L. Thompson MEETING DATE: April 24, 2007 . Background: Bruce L. Thompson has requested permission to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift, and to maintain existing piles, a portion of an existing deck, a portion of an existing brick patio, a portion of an existing bulkhead, and a portion of existing riprap, upon a portion of the City's property known as Lake Wesley located at the rear of 456 Southside Road, Virginia Beach, Virginia. This item was under review prior to Council direction regarding landscape buffer as a condition of granting approval for encroachments adjacent to waterways. . 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 Wesley that have been approved by City Council, which is where Mr. Thompson has requested to encroach. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Location Map, Agreement, Exhibit, and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency': Public Works/Real Estat~ pAD City Manager~ l. Cx3 O'<"'l 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 WESLEY LOCATED 7 AT THE REAR OF 456 SOUTHSIDE 8 ROAD, FOR PROPERTY OWNER 9 BRUCE L. THOMPSON 10 11 WHEREAS, Bruce L. Thompson desires to construct and 12 maintain a fixed pier, gangway, float, mooring piles, vertical 13 boat lift, and to maintain existing piles, a portion of an 14 existing deck, a portion of an existing brick patio, a portion 15 of an existing bulkhead and a portion of existing riprap in a 16 portion of the City's property located at the rear of 456 17 Southside Road, in the City of Virginia Beach, Virginia. 18 19 WHEREAS , City Council is authorized pursuant to ~~ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 21 authorize temporary encroachments upon the City's property 22 subject to such terms and conditions as Council may prescr~be. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Bruce L. Thompson, his heirs, assigns and successors 29 in title are authorized to con,struct and maintain the temporary 30 encroachments for a fixed pier, gangway, float, mooring piles, 31 vertical boat lift, and to maintain existing piles, a portion of 32 an existing deck, a portion of an existing brick patio, a 33 portion of an existing bulkhead, and a portion of existing 34 riprap in a portion of the City's property as shown on the map 35 marked Exhibit "A" and entitled: "EXHIBIT 'A' - ENCROACHMENT 36 REQUEST FOR BRUCE L. THOMPSON E ~ OF LOT B 12 & LOT B 13, RUDEE 37 HEIGHTS," a copy of which is on file in the Department of,Public 38 Works and to which reference is made for a more particular 39 description; and 40 41 BE IT FURTHER ORDAINED, that the temporary encroachments 42 are expressly subj ect to those terms , conditions and criteria 43 contained in the Agreement between the City of Virginia Beach 44 and Bruce L. Thompson (the "Agreement"), which is attached 45 hereto and incorporated by reference; and 46 47 48 49 50 51 52 53 54 55 BE IT FURTHER authorized designee Agreementj and ORDAINED, that the City is hereby authorized Manager or to execute his the BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Bruce L. Thompson and the City Manager or his authorized designee execute the Agreement. Adopted by Virginia, on the the Council of the day City of of Virginia Beach, 2007. CA.-10176 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CAI0176 Thompson Ordinance. doc v, lappl ications lei tylawprod Icycom32 IWpdocs ID027 1 P002 1 00030600. DOC R-1 PREPARED: 3/28/07 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL ~UFFICIENCY AND FORM A ~stJ()~~ CITY ATTORNEY ESTATE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTION 58.l-811(C) (4) THIS AGREEMENT, made this c..J '..'. day of ~~} "Q, , , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE L. THOMPSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-13 and the Eastern one-half of Lot B-12" as shown on that certain plat entitled: "REPLA T OF RUDEE HEIGHTS PRINCESS ANNE CO., V A. Scale - 1" = 100' December 1950" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 26, at page 57, and being further designated, known, and described as 456 Southside Road, Virginia Beach, V A 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a fixed pier, gangway, float, mooring piles, vertical boat lift, and to maintain existing piles, a portion of an existing deck, a portion of an existing brick patio, a portion of an existing bulkhead, and a portion of existing riprap collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley the "Encroachment Area"; and GPIN: 2427-20-3682-0000 ::\'\.. WHEREAS, the Grantee has requested that the City permit the 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: "EXHIBIT' A' - ENCROACHMENT REQUEST FOR BRUCE L. THOMPSON E 'li OF LOT B 12 & B 13, RUDEE HEIGHTS" dated December 19, 2006, a copy of which is attached hereto as Exhibit 'A' 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, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 ~\!". 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 t~ become unsightly or a hazard. 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 construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such rem()val shall not be made within the time ordered hereinabove by this Ag~eement, 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 of local or state taxes. IN WITNESS WHEREOF, Bruce L. Thompson, the said Grantee, has caused this Agreement to be executed by his 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. Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and (THE REMAINEDR OF THIS P AGE WAS LEFT INTENTIONALLY BLANK) 4 CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager . (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: ~i~~g~~~IA~",\\,. ~'y-,._<~.~; , to-wit: The foregoing instrument was acknowledged before me this ;'j, ~), day of w'~' 0 .:j.'\'--''':')'/'~_' , 2007, by Bruce L. Thompson. ~. &~'V~ w,J....../ . "~.l", /\..),'" <,:::::-' , Notary Public My Commission Expires: ~.~ ,:\:~: '0 t, "J APPROVED AS TO CONTENTS yP/rrfJ;; C. ~'-V'-> <1,,,- SlGNATURE PLD RtcJ Edo.u' DEPARTMENT ~) APPROVED AS TO LEGAL SUFFICIENCY AND FORM /'i li ^ _ /'1 j Vii flt;f! "y'~ { fiji/Ii \ "i7/ j ,I I -.\(\......''-):,., C"l \. .lV'", q G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 o ~I (31.-H ~IC:O >r- Ir- ~I I I I I I I /-...... I 18 12 \ I \ / -- ./ I : 27.15'CF) 609.99' TO GEN. 800TH 8L VD. R I 27.26'(P) (RUDEE 8L VD. - PLAT) "=:279' L "=:86. 96' PIN N40'26'E PIN SOUTHS/DE ROAD (50' R/W) EXHIBIT 'A' - ENCROACHMENT REQUEST FOR BRUCE L. THOMPSON EXISTING PILES PROPOSED MOORING PILES I t o co /7' co 54' PROPOSED I~' 35k LB. VERTICAL"~JII[ BOA T LIFT ~ . ~ PROPOSED --=-- GANGWAY 19 N ~ co 11 ' PROPOSED FIXED PIER 8 a:: w ;z o ::r: ;z ::r: o J lL.,. ........... ;z r- r- 2 STY. BR. # 456 .w '<t ~ O'J '<t (f) 8 I PIN '-""".] f?""" ')0 .6.], '-"Jot .00' 2427-20-3682-0000 (0.8. 3961 P. 978) WA TERFRONT CONSULTING, INC 1112 JENSEN DRIVE. STE. 206 VIRGINIA BEACH, VA 23451 PHONE/FAX: (757) 425-8244 PROPOSED MOORING PILES 130'+ FROM WEST EDGE OF COMPUTED CITY CHANNEL. PROPOSED FLOA T )( co LAKE WESLEY ---ESSe?, FLOOD -- LEGEND: REMOVE EXISTING FIXED PIER AND GANGWAY EX. BULKHEAD REAR ~ AS SCALED FROM FROM M.B. 26, PG. 57A ........... a -l w ~ '--" REMAINDER OF LOTB 12 N/F BRUCE THOMPSON ~ ....~~- t') . .....\'V - r- . ~.. 0 .. l~ ~ ~\ s:.~ /~~~~ -;! 8/RlrnARO T. BARnETT -;1 ~i No. 18335 : z\~o 0/0/07 07 ..:.<'f' ~~ · Ss ~C:>. --",JPN A l ..~_... ~..""r" SCALE 1" = 30' E 1/2 OF LOT B 12 & LOT B 1.3, RUDEE HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 26 PG. 57) DA TE: DEC. 19, 2006 ~~"" "'~""~~;-Y.~ ~~'*1;<.';~ "-:~\ is-;-"'-, '.'.,'-' ,~;. ~~i~" -' - ::"',~ 4.~I,:~;"~ , ,ilJ l.~:~~~o~,f:Y -......;,;~.....~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Accept and Appropriate $1,965,315 in Various U,S, Department of Housing and Urban Development Federal Section 8 Voucher Revenues, and Transfer $12,835 from CIP #2-217, Community Development Site Acquisition, to the Department of Housing and Neighborhood Preservation's FY 2006-07 Operating Budget MEETING DATE: April 24, 2007 . Background: Section 8 Program: The Department of Housing and Neighborhood Preservation (DHN'P) receives federal funds annually to support rental subsidies for persons living in privately owned housing in the city, DHNP based its FY 2006-07 budget estimate on information from the U,S, Department of Housing and Urban Development ("HUD") that was available in December 2005, which indicated that the City would receive $9,870,000 for the Section 8 Voucher Program and $68,659 for the Section 8 Moderate Rehabilitation Voucher Program, This funding would have provided for an estimated 1 ,568 Housing Choice rental vouchers and 30 Moderate Rehabilitation vouchers, Since December 2005, HUD significantly' adjusted its funding formula, which resulted in a much higher allocation to the City than had originally been estimated, For FY 2006-07, the City has received a total of $11.,815,645 for the Section 8 Voucher Program and $88,329 for the Section 8 Moderate Rehabilit,ation Voucher Program, The additional $1,965,315 needs to be appropriated, 'It is estimated that an additional 309 Housing Choice rental vouchers and 8 Moderate Rehabilitation vouchers will be provided with these funds, , Transfer of CIP Appropriations: In FY 2000-01, CIP #2-217, Community Development Site Acquisition, was closed out with unspent Community Development Block Grant appropriations of $12,835, These funds need to be transferred to the opera~ing budget to be reallocated to the homeowner rehabilitation program, The citywide emergency rehabilitation program is currently funded at $140,000 for approximately 30 homes; these additional funds will provide for approximately 2 additional loans to homeowners for housing rehabilitation, . Considerations: Section 8 Funds: The additional federal funds will allow for additional rental housing assistance for both the Housing Choice Voucher Program ($1,945,645} and the Moderate Rehabilitation Voucher Program ($19,760), Transfer of CIP Appropriations: These appropriations need to be transferred from the closed- out capital project to the department's FY 2006-07 Loan and Grant Fund in order to be reallocated to the existing homeowner housing rehabilitation program, . Public Information: Public information will be provided through the normal Council agenda process, . Recommendations: Approve the ordinance as proposed . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Housing and N City Manage~ \:- .~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,965,315 IN VARIOUS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL SECTION 8 VOUCHER REVENUES, AND TRANSFER $12,835 FROM CIP #2-217, COMMUNITY DEVELOPMENT SITE ACQUISITION, TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 2006-07 OPERATING BUDGET WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has awarded the Department of Housing and Neighborhood Preservation additional Federal Section 8/Housing Choice Voucher and Section 8/Moderate Rehabilitation Voucher Program funding for rental assistance for qualifying residents; and WHEREAS, a transfer of existing Federal Community Development Block Grant (CDBG) funding f~om the Capital Improvement Program is needed to align funding with the needs of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,945,645 is hereby accepted from the HUD Federal Section 8/Housing Choice Voucher Program and appropriated.to the Department of Housing and Neighborhood Preservation's FY 2006-07 Operating Budget to fund rental subsidies for qualifying residents, with estimated federal revenue increased accordingly. 2. That $19, 760 is hereby accepted from the HUD Federal Section 8/Moderate Rehabilitation Voucher Program and appropriated to the Department of Housing and Neighborhood Preservation's FY 2006-07 Operating Budget to fund moderate rehabilitation rental subsidies for qualifying residents, with estimated federal revenue increased accordingly. 3. That $12,835 of CDBG funding is hereby transferred from Capital Project #2-217, Community Development Site Acquisition, to the Department of Housing and Neighborhood Preservation's FY 2006- 07 Operating Budget to assist homeowners with housing rehabilitation. Adopted by the virginia, on the Council day of of the City of virginia Beach, , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ! 4 " J~_~~ City Attor y's Off~ce CAI0370 V:\applications\citylawproct\cycom32\Wpctocs\DOll\POOl\OO031321.DOC R-2 April 12, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $34,842 from the State Compensation Board to the Commonwealth's Attorney's FY 2006-07 Operating Budget for the Purchase of Office Equipm~nt MEETING DATE: April 24, 2007 . Background: On December 21, 2006, the State Compensation Board announced the availability of additional funding for Commonwealth's Attorneys to purchase equipment. The Virginia Beach Commonwealth's Attorney requested $34,842 to purchase 14 laptops, 13 workstations, 1 printer, 5 monitors, 10 jump drives, 1 fax machine and 5 calculators. This full request was approved by the State Compensation Board for the Commonwealth's Attorney's FY 2006-07 Operating Budget. The Commonwealth's Attorney is required to purchase the equipment before the end of the fiscal year to qualify for reimbursement. . Considerations: This funding can only be used as outlined above and purchases must be completed before the end of the fiscal year. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Accept and appropriate the $34,842 in additional funding from the State Compensation Board to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office. . Attachments: Ordinance and State Compensation Board Approval Notice Recommended Action: Approval Submitting Department/Agency: Commonwealth's Attorney City Manager:~ l , ~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $34,842 2 FROM THE STATE COMPENSATION BOARD TO THE FY 3 2006-07 OPERATING BUDGET OF THE COMMONWEALTH'S 4 ATTORNEY'S OFFICE TO PURCHASE OFFICE EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $34,842 is hereby accepted and appropriated to the FY 10 2006-07 Operating Budget of the Commonwealth's Attorney's Office 11 to purchase office equipment, with revenue from the commonwealth 12 increased accordingly. 13 14 Adopted by the Council of the City of Virginia Beach, Virginia 15 on the day of 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~11&.A Managem nt ervices , kl- .Jrl.1A- City Attor ey's Offlce CA10367 v:\applications\citylawprod\cycom32\Wpdocs\D010\P002\OO031264.DOC R-2 April 12, 2007 . "Weddoll. Cindy" <cindy .W8ddetl@8cb.virginia. goy> 12/21/2006 04:19 PM To "SeB Staff' <scbstaff@seb.virginia.gov> cc bee Additional Compensation Board Funding - FY2006 Subject Reappropriations December 21, 2006 EMAIL MEMORANDUM TO: Commonwealth's Attorneys FROM: Bruce W. Haynes Executive Secretary SUBJECT: Additional Compensation Board Funding - FY2006 Reappropriations I am pleased to report that the Compensation Board's request to reappropriate your FY06 year-end General Fund balance has been approved. A total of $450,000 is available for. one-time expenses. While the intent of this approval is to fund your FY07 equipment needs, you may also request funding to address one-time, non-recurrina costs in your office for FY07. . ~ Equipment funding approvals can be requested under the following scenarios: . If you wish to purchase equipment in FY07 and your locality agrees to fund the difference between the actual cost and the Compensation Board's reimbursable amount (~sing the fiscal stress factor), submit a mid-yea get amend men ~ (docket) request to the Compensation Board at http://www.scb.virainia.aov/cbdocketl.cfm n~ later t an Mondav. Februarv 12; 2007 . If your locality has purchased equipment since July L 2006 (FY07) for your office and you have not received reimbursement, you may seek approval of funding for the Compensation Board's reimbursable amount (using the fiscal stress factor) by submitting a mid-year budget amendment (docket) request to the Compensation Board at htto:llwww.scb.virainia.aov/cbdocket1.cfm no later than Mondav. February 12.2007.. Funding requests for one-time, non-recurring costs in FY07 must be satisfactorily justified and documented. You may seek approval of funding for these expenses by submitting a mid-year budget amendment (docket) request to the Compensation Board at http://www.scb.virainia.aov/cbdocket1.cfm no later than Monday, Februarv 12. 2007. Requests will be reviewed and submitted to the Compensation Board for approval at its February 21, 2007 Board meeting and if approved, you will need to expend the funds in time to reauest reimbursement no later than the May, 2007 oavroll reimbursement reauest. Should you have any questions or need assistance, please contact paige Christy at (804) 225-3442, or via em ail at paiae.christv(Ci)scb.virginia.aov. '~), ~ OZ "C> g! 1 1 1 ! "C> 1 "C> "0 1 "C> "C> !i! 0 ~ ~ ~ ~ '" ~Q a. > 0 0 ~ j 0 j e 0 0 e 0'" t oft a. a. a. t Q. a. a. Q. 1lI~ 0 oft oft oft oft oft oft oft oft z '" C> '" N '" 0 ~ co o.n '" N .., '" ..... C> 8 ... co C> co co .,., <>! - '" .., .., '" en C> .. Q cD c;:; cD cD .." cD en - cD c;:; .." 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'.. -.. .!';",; ....::.,<~~~~,i'J ~o.J::.~~..:r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $20,000 from the Virginia Beach Parks And Recreation Foundation to CIP Project #4-013, Community Recreation Center Repairs and Renovations - Phase II, to Build a Playground for Use by the Pre-School Buddies Program MEETING DATE: April 24, 2007 . Background: A group of dedicated citizens established the Virginia Beach Parks and Recreation Foundation (the "Foundation") in 2004 in order to support the programs, services and facilities of the Department of Parks and Recreation. . One program the Foundation wishes to support is the Kempsville Recreation Center's highly successful Pre-School Buddies Program, which offers low-cost licensed child care for children ages 3 to 5. The program's popularity and growth, coupled with the need for providing a safe, secure and enclosed play area for these children, has necessitated the construction of a designated play area at a total cost of $35,000. . Considerations: At the present time, the Pre-School Buddies Program is being held' in one of the rooms at the Center, but has no separate, safe and secure play area for the children. The Virginia Beach Parks and Recreation Foundation has held several events to raise funding to support the construction of a pre-school playground adjacent to the Kempsville Community Recreation Center. The Foundation raised $20,000 to contribute to this project. The remaining $15,000 needed to complete the playground construction is available in CIP Project #4-013. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Without this contribution, construction of the playground would be delayed and/or not contain desired features and amenities such as benches, plantings and a full range of age-appropriate playground equipment. . Recommendations: Accept and appropriate the $20,000 contribution from the Virginia Beach Parks and Recreation Foundation to CIP #4-013, Community Recreation Center Repairs and Renovations - Phase II. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manag~ 't .~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE $20,000 FROM THE VIRGINIA BEACH PARKS AND RECREATION FOUNDATION TO CIP PROJECT #4-013, COMMUNITY RECREATION CENTER REPAIRS AND RENOVATIONS - PHASE II, TO BUILD A PLAYGROUND FOR USE BY THE PRE-SCHOOL BUDDIES PROGRAM WHEREAS, the Virginia Beach Parks and Recreation Foundation is partnering with the City to construct a playground adjacent to the Kempsville Community Recreation Center for use by the Pre.-School Buddies Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRG~NIA: That $20,000 is hereby accepted from the Virginia Beach Parks and Recreation Foundation and appropriated to CIP Project # 4-013, Community Recreation Centers Repairs and Renovations - Phase II, for the purposes of constructing a preschool playground, with revenue from local sources increased accordingly. Adopted by the Virginia, on the City of Virginia , 2007. Beach, Council day of of the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ bifudtt LiA City Attor y's Offlce CA10368 V:\applications\citylawprod\cycorn32\Wpdocs\DOlO\P002\OO031267.DOC R-2 April 12, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of a Thermal Imager from the Commercial Equipment Direct Assistance Program to the Police Department MEETING DATE: April 24, 2007 .' Background: The Commercial Equipment Direct Assistance Program (CEDAP) is administered by the Department of Homeland Security's Office of Grants and Training. The CEDAP assists communities by providing emergency response agencies with the equipment and technology they need to fulfill their homeland security mission. This commercially available equipment will help the City prevent, deter, and respond to terrorist attacks. This program is a direct assistance program in which equipment rather than funding is provided. The Department of Homeland Security has awarded the City a thermal imager valued at $11,850 to enhance response capabilities in the City, as well as regionally. . Considerations: This equipment has an estimated annual maintenance cost of $350, which will be covered by the Police Department's Operating Budget. . Public Information: Public information will be provided through the normal Council agenda process. . Recomme~ations: It is recommended that Council accept the donation of this equipment, which will aid in the Police Department's homeland security mission. . Attachments: Ordinance and Award Letter Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: ~~ k, ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT A DONATION OF A THERMAL IMAGER FROM THE COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM TO THE POLICE DEPARTMENT WHEREAS, the Department of Homeland Security has awarded the City a thermal imager for use by the police Department in their homeland security mission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a thermal imager valued at approximately $11,850 is hereby accepted from the Department of Homeland Security's Commercial Equipment Direct Assistance Program. of the City of Virginia Beach, , 2007. Council day of Adopted by the Virginia, on the Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~!-- JaU'lLt, 2:4IJA City Attor y's Office CA10371 v:\applications\citylawprod\cycom32\WpdocS\DOll\P001\OO031331.DOC R-2 April 12, 2007 orri('(' o{ Crallls fllld hail/il/R J)irc'cl.oraIP 1'0,. l)rpp,I["(,c!fH'SS U.S Df'panlTll'rll IllIIllf'lalld S(,(,lIrily Washinglnn. DC 2053 J ~~,\Rjit '~~4', .... '\~...r.; ~~. .U/,! '.of ~ ?,~+f :.o"t"{-tNl> sf_C~ Homeland Security March 27, 2007 Chief Alfred Jacocks City of Virginia Beach 2401 Courthouse Drive MW1icipal Center, Building I , Virginia Beach, Virginia 23456-9117 Dear ChiefJacocks, On behalf of the Department ofHomcland Security's (OJ IS) OfTiee of Grants and Training (G&T), I am pleased to inform you that your application submitted tmder the fiscal year (FY) 2006 Commercial Equipmeht Direct Assistance Program (CEDAP) has been approved, 111rough CEDAP, your agency will receive the T ACSIGHT S I Thermal Imager for Law Enforcement. CEDAP provides emergency response agencies with the equipment and technoloh'Y they need to fulfill their homeland security mission. It is an importa.nt component of a larger, coordinated eff0l1 to strengthen our Nation's overall preparedness baseline. CEDAP's primary focus is to enhance regional response capabilities, mutual aid, and interoperable commtmications in jurisdictions ineligible to receive assistance under the DIIS Urban Areas Secw;ty Initiative (UASI), G&T administers CEDAP in coordination with the U.S, Almy ElectTOnic Proving Ground (EPG) at Fl. Huachuca, Alizona, which serves as ow'technical agent. Shortly following this official notification, you will receive a lettcr from EPG providing initial information regarding the mandatory training session required when receiving CEDAP equipment and instructions for beginning the CEDAP award process, Congratulations on your selection lor this FY 06 CEDAP award. If you have any questions or concerns regarding the CEDAP award proccss, please call G&1"s Centralized Scheduling and Infom1ation Desk (CSID) Help Line at 1-800-36R-6498. Sincerely, ~ ,.1 /! /,' (l..r l":'<:.. i :</ /~ I;, ,/ (.1.t"~,, /. d/'uW / j ---. ./r '// v ..::,.-./,-'.... :,.0-- - ,I Corey Grubcr Acting Assistant Sccretary Office of Grants and Training W\\\~- dh.'i.I.!.lI\ , ~~~ k-:~-.~.~~.... ~...'-Z'i' 1~f~#" "~~'i) ~~~~.". ,:-. !~) "\'~ .n.; ~. .:,; ,....~, .,..~~:'.J. ~~:;.:;"" '" \... CITY OF VIRGINIA BEACH AGENDA ITEM .) ITEM: An Ordinance to Transfer $500,000 from the General Fund Reserve for Contingencies to a Dedicated Reserve for the Sheriff's Department to Cover Increasing Costs for the Inmate Medical and Food Contracts MEETING DATE: April 24, 2007 . Background: The Sheriff's Department is responsible for providing health care and food services at the Virginia Beach Correctional Center as 'well as the Work Release Correctional Annex. The Sheriff's Department uses contracted companies to provide food services, medical, mental, dental and related health care and administrative services for inmates including an intake health screening on all inmates following admission to the facility. In addition, the contracted companies take necessary security precautions that allow Sheriff's Department staff to perform their jobs without compromising security. . Considerations: In order to maintain current services within the Correctional Center, additional funding is necessary to provide adequate medical care and food for inmates. When an individual is remanded to the Correctional Center, the Center is responsible for providing a mandated level of care, which includes food and medical care. In FY 2007, a dedicated reserve for medical and food contractual increases was transferred in the amount of $451,708 to the Sheriff's Department due to the rising inmate population as well as increases in medical care. As the number of inmates housed in the Correctional Center increases, there is a corresponding increase in costs. The average daily inmate population in the current fiscal year to March 31st is approximately 1,540 inmates. The balance of Reserve for Contingencies after this Council action will be $327,673 as of March 30, 2007. . Public Information: Public information will be handled through the normal agenda process. . Recommendations: Transfer $500,000 from the' General Fund Reserve for Contingencies to provide funding for the increased costs of the Correctional Center medical and food contracts. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Services City Manager: ~\ \L 1 (1!/f'l. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO TRANSFER $500,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO A DEDICATED RESERVE FOR THE SHERIFF'S DEPARTMENT TO COVER INCREASING COSTS FOR THE INMATE MEDICAL ~ AND FOOD CONTRACTS WHEREAS, the Sheriff's companies to provide medical Beach Correctional Center Correctional Annex; and Department contracts with private and food services at the Virginia as well as the Work Release WHEREAS, increasing health and medical costs in addition to increasing inmat~ populations have resulted in corresponding increases in providing costs for services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $500,000 is hereby transferred to the Dedicated Reserve for the Sheriff's Department from the General Fund Reserve for Contingencies to support potential increased costs of food and medical contracts. Funds will be transferred from the Dedicated Reserve for the Sheriff's Department based on actual average daily inmate populations and medical and food contract costs. Council of day of the City of Virginia Beach, , 2007.. Adopted by the Virginia on the APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (/~ , fWnL' ~IAA City Attorne s Offlce CAI0369 V:\applications\citylawprod\cycom32\Wpdocs\DOlO\P002\OO031279.DOC R-2 April 13, 2007 ~~ r"'~'" !O:t:;+'2-, ~."l~:;:-v (~~ Q ....., (...: -- ~9 (~i-,- . ~~) \\\~_.- ~l.f 4.:+,,+~. -~.Jlf <.'J ~':~..~... ~...,..J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $90,000 from the Operating Budget of the Arts and Humanities Commission to the General Fund Transportation Reserve for Contingencies MEETING DATE: April 24, 2007 . Background: On January 9, 2007, City Council appropriated $90,000 to the Operating Budget of the Arts and Humanities Commission for the purchase of artwork for the Sandler Center for the' Performing Arts. . Considerations: The Virginia Beach Performing Arts Center Foundation has decided to raise the $90,000 needed for the acquisition of artwork. This ordinance transfers the $90,000 appropriated on January 9, 2007 to the Gen~ral Fund Transportation Reserve for Contingencies to be used for transportation purposes. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Approve ordinance transferring $90,000 from the Operating Budget of the Arts and Humanities Commission to the General Fund Transportation Reserve for Contingencies. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Councilmembers Wood and Wilson City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 REQUESTED BY COUNCILMEMBERS WILSON AND WOOD AN ORDINANCE TO TRANSFER $90,000 FROM THE OPERATING BUDGET OF THE ARTS AND HUMANITIES COMMISSION TO THE GENERAL FUND TRANSPORTATION RESERVE FOR CONTINGENCIES WHEREAS, on January 9, 2007, City Council appropriated $90,000 of FY 2005-06 year-end fund balance to the FY 2006-07 Operating Budget of the Arts and Humanities Commission for the acquisition of artwork for the Sandler Center for the Performing Arts; and WHEREAS, the Virginia Beach Foundation has decided to raise the acquisition of artwork. Performing Arts $90,000 needed Center for the NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $90,000 is hereby transferred from the FY 2006-07 Operating Budget of the Arts and Humanities Commission to the General Fund Transportation Reserve for Contingencies. Adopted by the Virginia, on the Council day of of the City of Virginia , 2007. Beach, Approved as to Content: Approved As To Legal Sufficiency: //~~~ Managem t fervices '- J~ t K. diflv--.. City Attorney's Of ce CAI0375 V:\applications\citylawprod\cycom32\Wpdocs\D018\P001\O0031803.DOC R-2 April 18, 2007 K. PLANNING 1. Applications of GRACE BIBLE CHURCH at Ansol Lane and Norfolk Southern Railway: DISTRICT 3 - ROSE HALL a. discontinuance, closure and abandonment of an unnamed, unimproved right-of- way b. Chanze of Zoning District Classification from 1-1 Light Industrial District to 0-2 Office District c. Conditional Use Permit for a church RECOMMENDATION: APPROVAL 2. Application of ZION CITY OF DELIVERANCE OUTREACH for a Conditional Use Permit re a church at 5405 Indian River Road. DISTRICT 1 - CENTERVILLE DEFERRED RECOMMENDATION April 10, 2007 APPROVAL 3. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach Boulevard. (The applicant has requested an indefinite deferral.) DISTRICT 2 - KEMPSVILLE (Applicant requests Indefinite Deferral) RECOMMENDATION: Refer to the Planning Commission 4. Application of PRINCE OF PEACE LUTHERAN CHURCH for a Conditional Use Permit for a columbarium, memorial plaques, garden with benches and a walkway at 424 Kings Grant. DISTRICT 5 - L YNNHA VEN RECOMMENDATION: APPROVAL 5. Application ofT-MOBILE COMMUNICATIONS CAP OPERATIONS, L.L.c. for a Conditional Use Permit for a wireless communications tower at 4300 Pembroke Boulevard. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 6. Ordinance AMENDING SSIII, 401, 501, 601, 801, 901and 1001; ADDING SS 242.3 and 242.4 of the City Zoning Ordinance (CZO)to establish definitions of a Home-Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center; and, ESTABLISHING specific standards and applicable districts for each use. 7. Application of CAROL CASE for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals at 113 Matt Lane. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 8. Application of SANDLER AT BRENNEMAN FARM, L.L.c. for a Modification of the Brenneman Farm PD-H2Land Use Plan (approved by City Council on September 9, . 2003) to change the designated land use from carriage homes to two-story townhomes at Brenneman Trail. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall. Municipal Center, 2401 Courthouse Drive, Tuesday, April 24, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 3 - ROSE HALL Grace Bible Church Application: Discontinuance. closure and abandonment of an unnamed, unimproved right-af-way at Ansollane. Gface Bible Church Application: Change of.Zol}ing District ClassifiQqtilln from 1-1 Ught Industrial to 0-2 Office at Ansoi lane (GPINs 1497135862; 1497037953: 1497138854). AICUZ is 65 to 75 dB Ldn. The Comprehensive Plan recommends this site for offices, institutions, and limited retail. The pur. pose of thIs rezoning is to construct a church. Grace Bible Church for a Conditional Use Permit for a church at Ansal Lane {GPINs 1497135862; 1497031953;01497138854). DISTRICT 2 - KEMPSVILLE Checkered Flag Motor Car Company Application: Conditional Use Permit for motor vehicle sales, rentals and service at 5193 Virginia Beach BoulevarC" iGPIN 1467762274). AICUZ is Less than 65 dB Ldn. Sandler at Brenneman Farm, L.L.C. Application; MOdification of the Brenne- man Farm land Use Plan to change the designated land use from carriage homes to two-story attached dwelling units at Brenneman Trail (GPIN. 1476715481). A/CUZ is Less than 65 dB Ldn. DISTRICT 5 . L YNNHAVEN Prince of Peace Lutheran Church Application: Conditional Use Permit for a columbarium at 424 Kings Grant Road (GPIN 1497078145). AICUZ is Les~ than 65 dB Ldn. DISTRICT 4. BAYSIDE T-Mobile Communications CAP Operations. L.L.C. Application: Conqitional l.Ise Permit for a communications tower at 4300 Pembroke Boulevard (GPIN 1478826460). AICUZ is Less than 65 dB Ldn. CITY OF VIRGINIA BEACH Ordinance amending Sections 111, 401, 501, 601. 801.901 and adding Sec- tions 242.3 and 242.4 of the City Zoning Ordinance establishing definitions of Home-Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center and establishing specifiC standards and applicable districts for each use. DISTRICT 6 - BEACH Carol Case Application: Conditional Use Permit for a Home-Based WIldlife Rehabilitation facility at 113 Matt Lane (GPIN 2407743456). AICUZ is Greater than 75 dB Ldn (Accident Potential Zone 1). All interested citizens are invited to attend. /0) I C-;/;c:~"J,.""""A-" / Ruth Hodges Fraser, MMC Citv Clerk r.~~~~~ ltfft ,?/.~:, ~ci :i~~ ~~::. .:~f "'~~..............."""'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain street designated and described as "12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC." as shown on that certain plat entitled "EXHIBIT 'A' SHOWING 12' ROAD CLOSURE, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA". DISTRICT 3 - ROSE HALL MEETING DATE: April 24, 2007 . Background: The applicant, A. Ray Megginson, Trustee for Grace Bible Church, proposes to close a portion of a 12-foot wide, unimproved right-of-way (sometimes known as Pritchard Road) that runs in a northerly direction from the terminus of Ansol Lane to an abandoned railroad right-of-way owned by the Norfolk Southern Corporation. The applicant will incorporate the closed right-of-way into adjoining property. . Considerations: The Viewers met on February 19, 2007 to review this request. As in any street closure application, the review is primarily based on current and future needs for the right-of-way for vehicular, pedestrian, or public infrastructure purposes. This street closure request is part of Change of Zoning and Conditional Use Permit applications for the construction of a church on adjoining property. The Viewers recommended approval. of this request, subject to the conditions listed below, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the right-of-way will be incorporated into adjacent parcels for the development of a church, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Grace Bible Church Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of .approval by City Council. If the conditions noted above are not ac~omplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Ordinance Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning DepartmentitJ City Manager: l , ~ ~ GRACE BIBLE CHURCH Agenda Item 1 March 14, 2007 Public Hearing Staff Planner: Carolyn A. K. Smith REQUEST: Discontinuance. closure and abandonment of an unimproved rig ht -of-way. ADDRESS I DESCRIPTION: Beginning on the north side of Ansol Lane and extending approximately 477,05 feet in a northerly. direction. COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 4,773 square feet SUMMARY OF REQUEST The applicant requests to close a portion of a 12 foot wide, unimproved street (Pritchard Road) that runs in a northerly direction from the terminus of Ansol Lane to the Norfolk Southern Railway, The closure is necessary for the development of adjoining property for a church. LAND USE AND ZONING INFORMATION EXISTING LAND. USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: . Norfolk Southern Railroad right-of-way . 1-264 . Single-family dwelling / 0-2 Office District . Vacant woods / 0-2 Office District NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed and a portion of the property is within the Resource Protection Area, AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 1 IMPACT ON CITY SERVICES WATER & SEWER: There are no public utilities in the right-of-way proposed for closure. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The Viewers met on February 19, 2007, and reviewed this request. As in any street closure application, the review is primarily based on current and future needs for the right:"of-way for vehicular, pedestrian, or public infrastructure purposes. This street closure request is part of a Rezoning and a Conditional Use Permit application for the construction of a church. The total area of that project includes 18.92 acres. The Viewers recommended approval of this request, subject to the conditions listed below, as it was determined that there will be no public inconvenience from the closure and abandonment of this right-of- way. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3, The applicant shall verify that no private utilities exist within the right-of-way proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-~ay proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes 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. GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 2 J .I~. AERIAL OF SITE LoeA TION GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 3 NORFOLK SOUTHERN RAILWAY N89034'56"E 1989.S7' (RIGHT OF WAY 66') 12.30' N89.35'01 "E 127.00' N89.35'01 "E GPIN 1497-03-7953 GPIN 1497-13-5862 t1 ~ GPIN ~ ~ 1497-13-8854 o ~ ~ - ;. t> o. _ t1'i -:f. 12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC. ANSOl lANE (ACCESS RoAD) NB2"15'08"W 12.S4' VIRGINIA BEACH 521.53' N82.15'OS"W ROUT . NORFOLK EX E 44 (VARIABLE Wlm:RESSWA Y . ) EXHIBIT "A" SHOWING 12' ROAD CLOSURE L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA engineering services, inc. Civil Engineering - Land Surveying 3351 Stoneshore Road. Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E-mail: emoil@esiofvo.com Dote 01/22/07 Scale: 1""'100' lwg~ 02Iure ~ aSXll. 1{l2{2S1J11~.3Z PM, poyt 1:1 SURVEY OF AREA TO BE CLOSED GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 4 I - ~7?@ cilltillliflrn . &@lj!J~ -2 0 o 1 02/26/02 CUP (wireless communications tower) Granted 2 04/11/88 CUP (church) Granted 3 04/07/86 CHANGE OF ZONING (R-6 TO A-2) Denied ZONING HISTORY GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 5 ... Z &.II ~ &.II ... < ... en &.II It j en o -' U en is - ~ !~ ~~ c1:..... I;} .,.-. - 0;,.:;; ?' " r ~ .: $i,'" ~~ ~. ~d ~ -... ~ tri [l { ~'!~~ ~ ~ , .. *'ci.= g~.:ll ~2.r is'!;:'' ..=l.t c , ~... 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" rn~i -; g H i ~ ~t- .... ~ ": is't-i'il~ c_!.-;, ~i~"~.; ~~!~i~ . )., 1::. ~ .. <: l .; ~. cr__~~.z t' ~ f!: '; i: C: (5 ). ~ ~:' ~ .;.. Ct~'t..~~ ~~;~;~~'~ : t: ~ ~ ~ 1110 .... 11, "~ ;;i ~ n ~ ~ ~!~! ~ Hit i i r; ~ r,n,;;.S ,"r -- - -=- . ~. . r ~' ~ ... ! .. ~ t ~ : ~ { ; ,-... '" ~ -: ;. <?" ~. ,. ~ ~ - ; .. 54 '" ~: ;~ ",. ",.. ~ ! t. ? i i .. ~ !. . i !' ." ~ ~. ~ ~ ~ .... ;; ~ " i ~ ; ~. ; S .. j {. ":: ... t : ~ ~ i J . :; " k C '" ~ 0; -- DISCLOSURE STATEMENT ~ ~ ;; ; E ~ -' ;; ~ " ,; ~ .,;..: ..,. ~ ~ t )' : ",. ~ ~ ~ .. .- ~ f ~ ~ :-' I .! '. GRACE BIBLE CHURCH I Street Closure Agenda Item 1 Page 6 Exhibit B CERTIFICATE OF RESOLUTION On the tz."" day of De(.<:.....,~/. 2006, the Board of Elders. the governing body of GRACE BffiLE CHURCH. a church, in open meeting, passed the following resolutions on the date first above written: It is hereby RESOLVED that A. Ray Megginson. Trustee of GRACE BIBLE CHURCH, a Church. is hereby authorized and empowered to negotiate the acquisition and development of the real property and any improvements thereon located on Ansol Lane, identified on Virginia Beach City Composite map as parcel #1497-13-8854-0000, containing 4.95 +/- acres. For further clarification, the property is further described in Map Book 25 at page 68, in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia ("the Property"), including the benefit of acquiring the Property and obtaining rezoning of the property or a conditional use pennit, the plans for construction of a church building and rc1ated improvements, and the need to be able to obtain financing for the construction and development of the property. It was further resolved that A. Ray Megginson, Trustee, is authorized and empowered to negotiate, enter into, execute, and deliver all contraCtS, deeds, notes, deeds of trust, mortgages and other documentation required in order to purchase the Property and obtain financing for the construction of a church building and related improvements on thc subject property; to make proffers, grant and convey easements to the City of Virginia Beach. Virginia as deemed necessary for the purpose of constructing, renewing, replacing, maintaining, repairing, relocating and operating utilities and providing drainage to the property; to obtain the rezoning of the property or a conditional use permit; and to enter into contracts and hire architects, engineers, contractors and any other individual or entity necesslU)' to accomplish these purposes and complete the development of improvements including the construction of a church building on thc subject property; to pay such additional fees and costs as may be necessary in performing these acts; and to do any and all acts necessary in the furtherance thereof. We, the undersigned. certify that the foregoing is an accurate statement of.th.JlJcsolution ofthc Board of Elders, the governing body of GRACE BIBLE CHURCH, a church. and that the above resolutions have not been rescinded or revoked as of this date. Give under our hands this 1Z.~y of D::.~~ 2006. BOARD OF ELDERS FOR ~rz Chairman, BOARD OF ELDERS By: ATTEST: ~4~ Church S tary DISCLOSURE STATEMENT GRACE BIBLE CHURCH 1 Street Closure Agenda Item 1 Page 7 1 2 3 IN THE MATTER OF CLOSING, VACATING AND 4 DISCONTINUING A PORTION OF THAT CERTAIN 5 STREET DESIGNATED AND DESCRIBED AS "12 r 6 ROAD TO BE CLOSED 4,773 SF, 0.110 AC." 7 AS SHOWN ON THAT CERTAIN PLAT ENTITLED 8 "EXHIBIT 'A' SHOWING 12' ROAD CLOSURE, 9 LYNNHAVEN BOROUGH, VIRGINIA BEACH, 10 VIRGINIA" 11 12 13 WHEREAS, A. Ray Megginson, Trustee for Grace Bible 14 Church applied to the Council of the City of Virginia Beach, 15 Virginia, to have the hereinafter described street discontinued, 16 closed, and vacated; and 17 18 WHEREAS, it is the judgment of the Council that said 19 street be discontinued, closed, and vacated, subj ect to certain 20 condi tions having been met on or before one (1) year from City 21 Council's adoption of this Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the 24 City of Virginia Beach, Virginia: 25 26 SECTION I 27 28 That the hereinafter described street be discontinued, 29 closed and vacated, subj ect to certain conditions being me.t on 30 or before one (1) year from City Council's adoption of this 31 ordinance: 32 33 All that certain piece or parcel of land 34 situate, lying and being in the City of 35 Virginia Beach, Virginia, designated and 36 described as "12' ROAD TO BE CLOSED 4,773 37 SF, 0.110 AC." shown as the cross-hatched 38 area on that certain plat entitled: 39 "EXHIBIT 'A' SHOWING 12' ROAD CLOSURE 40 LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" 41 Scale: 1" 100' r dated January 22, 2007, 42 prepared by Engineering Services, Inc., a 43 copy of which is attached hereto as Exhibit 44 A. 45 GPIN: 1497-13-5862, 1497-13-8854 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 SECTION II The following conditions must be met on or before one (1) year from City Councilrs adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closuresr" approved by City Council. Copies of said policy are available in the Planning Department. 2. - The applicant shall resubdi vide vacate internal lot lines to incorporate. the the adjoining parcels. The resubdivision submi tted and approved for recordation prior closure approval. the property and closed area into plat shall be to final street 3. The applicant shall verify that no private utili ties exist wi thin the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory-to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final pla't is not approved wi thin one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. I f the preceding conditions are not fulfilled on or before April 23, 2008, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or bef~re April 23, 2008, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee 2 91 is authorized to execute whatever documentsr if any, that may be 92 requested to convey such interest, provided said documents are 93 approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in 98 the Clerk's Office of the Circuit Court of the City of Virginia 99 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 100 BEACH as "Grantor" and A. Ray MEGGINSON, Trustee for GRACE BIBLE 101 CHURCH as "Grantee." 102 103 Adopted by the Council of the City of Virginia Beach, 104 Virginia, on this day of , 2007. CA10178 v :lapplicationslcitylawprodlcycom321 WpdocslD021 lPO02100030 178.DOC R-1 Date: March 26, 2007 TO CONTENT: -f;. V,. Department APPROVED AS TO LEGAL SUFFICIENCY: Weft, q. VV~./WJ City Attorney 3 NORFOLK SOUTHERN RAILWAY , " 1989.87' (RIGHT OF WAY 66') N89'3456 E GPIN 1497-03-7953 GPIN 1497-13-5862 12' ROAD TO BE CLOSED 4,773 SF, 0.110 AC. 12.30' N89-35'01"E GPIN 1497-13-8854 NB2-15'OB"W 12.84' VIRGINIA BEACH 521.53' N82.1S'08"W ROtn - NORFOLK EX E 44 ( VARIABLE WID~RESSWA Y ANSOl LANE (ACCESS ROAD) EXHIBIT "A" SHOWING 12' ROAD CLOSURE L YNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA engineering services, inc. Civil Engineering - Land Surveying 3351 Stoneshore Road, Virginia Beach, VA. 23452 (757) 468-6800 FAX (757) 468-4966 E-mail: email@esiofva.com Date 01/22/07 Pro' ect 06167 Scale: 1"=100' Drawn B PAYF Drawin Path Name M:\06\ 167\dwq\Exhibas\Road Closure ExhibiLdwg CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (a) Application of Grace Bible Church for a Chanae of Zonina District Classification from 1-1 Light Industrial District to 0-2 Office District on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). AICUZ is 65 to 75 dB Ldn. DISTRICT 3 - ROSE HALL (b) Application of Grace Bible Church for a Conditional Use Permit for a church on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). DISTRICT 3 - ROSE HALL MEETING DATE: April 24, 2007 . Background: The applicant has assembled three (3) parcels located at the western terminus of Ansol Lane and totaling 18.92 acres. One of the parcels, consisting of 1'4 acres and zoned 1-1 Industrial District, is requested for rezoning to 0-2 Office District. The applicant proposes to combine that property with an existing 0-2 Office zoned site for the purpose of obtaining a Conditional Use Permit for a 1,400 seat church, including additional space within the building dedicated to youth activities and other church activities. The site is in an AICUZ of both 65 - 70 dB Ldn and 70 - 75 dB Ldn surrounding NAS Oceana. The proposed use of the site is compatible under both.the Navy's OPNAV Instruction and the City's AICUZ Ordinance. Services will typically be held on Sundays and Wednesday evenings. A street closure for an unimproved street that bisects a portion of the site has also been requested and is on the same agenda as these requests under a separate application. . Considerations: The submitted rendering of the proposed building depicts a modern style 75-foot high structure with a combination of limestone color ground face masonry veneer, dark grey synthetic stucco (exterior insulation finishing system), and a glass curtain wall as the primary exterior building materials. Architectural details include cultured stone columns, exposed steel supports, aluminum clad canopies, and a "tower" of translucent glass channels on the portion of the building designated for youth activities. The overall appearance of the building from 1-264 will be of a modern office building. There is one point of access to and from the site from Ansol Lane depicted on the concept plan. The concept plan depicts the church structure and 740 parking spaces, well in excess of the 280 spaces required by the City Zoning Ordinance. The property is impacted by the Chesapeake Bay Preservation Area (CBPA) Ordinance; a portion of the site is with the Resource Protection Area, the more Grace Bible Church Page 2 of 3 stringently regulated portion of the CBPA. On January 22, 2007, the applicant obtained approval from the Chesapeake Bay Board for land disturbance in this area. The approved disturbance consists of the construction of a bridge to traverse tidal wetlands, connecting the main church site to the property to the west, which is proposed for a 30 foot by 50 foot maintenance building, a large parking lot, and a stormwater management facility. The Comprehensive Plan designates this area as a Primary Residential Area and as part of Strategic Growth Area 6 1 North London Bridge Area. The area is characterized by a contrast in the quality and activity levels of commercial uses and the fact that residential uses are interspersed throughout. 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. Staff has struggled in the past with other requests for potential uses of this site, prilT)arily due to its high level of visibility from 1-264, its environmental constraints, the split zoning of 1-1 Industrial District and 0-2 Office District, its access through an existing neighborhood, and its location at the terminus of 20-foot wide street that does not meet current City standards. Staff concludes that a church is a 'best case' scenario for this site as the weekday morning and afternoon peak traffic from such a use will not impact the Ansol Lane and North Lynnhaven Road intersection. During church services and other events, however, significant traffic congestion can be expected. It should be noted that residents along Ansol Lane will have an additional 1 ,700 vehicles passing by their homes on Sundays. This roadway now serves only a few uses and the character of Ansol Lane will change considerably as a result of this rezoning. At the request of Traffic Engineering Staff, therefore, a Traffic Impact Study (TIS) was submitted in conjunction with this application in order to determine the impact of the church on the surrounding properties and roadways. Traffic Engineering Staff reviewed the TIS and generally accepts its conclusions and recommends several actions that will reduce traffic impact at the peak times of church activity. Those actions are outlined in the attached staff report. Planning Commission placed the items on the consent agenda because they concluded proposal will provide for a problematic site a use compatible to the surrounding area, traffic control measures will be put in place to reduce impact on the adjacent neighborhood, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve the requests with the following conditions: 1. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church Ansol Lane," prepared by Engineering Services, Inc., dated 11/27/06. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Grace Bible Church Page 3 of 3 Comprehensive New Facility," prepared by Barnes Design Group, P.C., dated December 7,2006. 3. A cul-de-sac or other appropriately designed turn-around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. 5. Traffic control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events, such as concerts, weddings, and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection: 6. The site may not be used for childcare or school use without modification of this Use Permit. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Plar;ming Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ~ l. ~ lJO'z.. GRACE BIBLE CHURCH Agenda Items 2 & 3 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUESTS: 2) .Chanoe of Zonino District Classification from 1-1 Light Industrial District to 0-2 Office District. 3) Conditional Use Permit for a church. ADDRESS I DESCRIPTION: Property located at the western terminus of Ansol Lane. GPIN: 1497135862;1497037953; 1497138854 COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 14.42 acres to be rezoned to 0-2 Office 18.92 acres for Use Permit SUMMARY OF REQUEST The applicant proposes to rezone the existing 1-1 Industrial District property located at the terminus of Ansollane to 0-2 Office District and to combine that property with an existing 0-2 Office zoned site for the purpose of obtaining a Conditional Use Permit for a 1,400 seat church. A street closure under a separate application is requested as well. The artist's rendering depicts a modern style 75-foot high structure with a combination of limestone color ground face masonry veneer, dark grey synthetic stucco (exterior insulation finishing system), and a glass curtain wall as the primary exterior building materials. Architectural details include cultured stone columns, exposed steel supports, aluminum clad canopies, and a "tower" of translucent glass channels on the portion of the building designated for youth activities. The overall appearance of the building from 1-264 will be of a modern office building. There is one point of access to and from the site from Ansol Lane depicted on the concept plan. The concept plan depicts the church structure and 740 parking spaces, well in excess of the 280 spaces required by the City Zoning Ordinance. The property is impacted by the Chesapeake Bay Preservation Area (CBPA) Ordinance as a portion of the site is with the Resource Protection Area, the more stringently regulated portion of the CBPA. The applicant has obtained a variance for land disturbance in this sensitive area for GRACE BIBLE CHURCH Agenda Items 2& 3 Page 1 construction of a bridge to traverse tidal wetlands, connecting the main church site to the property to the west, proposed for a 30 foot by 50 foot maintenance building, a large parking lot, and a stormwater management facility. The conditions of the January 22, 2007 approval from the Chesapeake Bay Board are as follows: 1. Recordation of a plat vacating all interior property lines prior to occupancy. 2. A pre-construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 3. Wire reinforced 36" erosion and sedimentation control measures (silt fences) shall be installed along the seaward portions of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. An in-stream turbidity curtain may need to be installed down stream of the bridge. 4. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 5. Permanent and lor temporary soil stabilization as determined by staff shall be applied to all disturbed I denuded area(s) prior to a final building inspection or certificate of occupancy. 6. Construction limits shall lie a maximum of 15' seaward of improvements. 7. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 8. All stormwater from proposed impervious cover shall be conveyed to stormwater management facilities'. 9. ....As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall based upon the amount of impervious cover within the RPA. 10. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted o~ the site plan. 11. Tree compensation shall be at a 1:5 to 1 ratio for those trees removed from the RPA. Trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed throughout the site. Note on the site plan. 12. A separate restoration plan shall be submitted for those areas impacted within the RPA attributable to construction limits I activity. Restoration initiatives should provide for species which emulate those disturbed and be installed in densities and times to achieve that which existed pre development. 13. The conditions and approval associated with this variance are based on the site plan dated December 15, 2006, prepared by Engineering Services, Inc. 14. A revised site plan shall be submitted to the Department of Planning, Development Services, Center for review and approval prior to the issuance of a building permit. 15. Additional detail and cross sections shall be provided for retained backfill associated with the bridge. GRACE BIBLE CHURCH Agenda . Items 2 & 3 Page 2 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Wooded site with single-family dwellings slated for removal SURROUNDING LAND USE AND ZONING: North: · Norfolk Southern Railroad right-of-way, marsh · Multi-family dwellings / A-12 and A-18 Apartment . Ansol Lane . Interstate Highway 264 · Virginia Power substation / 0-2 Office District · Vacant wooded site / 1-1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: This site is located within the Chesapeake Bay watershed and within the most stringently regulated portion of the Chesapeake Bay Preservation Area, the Resource Protection Area. This site is heavily wooded and contains both tidal and nontidal w~tlands. The proposal has been reviewed and approved by the Chesapeake Bay Preservation Area Board. AICUZ: The site is in an AICUZ of both 65 - 70 dB Ldn and 70 - 75 dB Ldn surrounding NAS Oceana. The proposed use of the site is compatible under both the Navy's OPNAV Instruction and the City's AICUZ Ordinance. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Ansol Lane is currently a two-lane undivided roadway that has terminus points to the west at the subject site and to the east at North Lynnhaven Road. The roadway width varies.from 18 to 28 feet and no pavement striping exists on the roadway. The road serves as a local collector roadway. Ansol Lane has only North Lynnhaven Road as an outlet. North Lynnhaven Road is a narrow two (2)-lane collector roadway, without turn lanes, that connects with Virginia Beach Boulevard to the north and Lynnhaven Parkway to the south. North Lynnhaven Road is currently operating well over capacity in weekdays during the afternoon peak hour time period. There are no improvements proposed for Ansol Lane or North Lynnhaven Road in the current CIP. At the request of Traffic Engineering, a Traffic Impact Study (TIS) was conducted by the applicant. Discussion pertaining to the TIS is provided in the Evaluation and Recommendation section of this report, below. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume AnsolLane 1,500 ADT 6,200 ADT' (Level of Service "C") - 9,900 ADT 1 (Level of Service "D") GRACE BIBLE CHURCH Agenda Items 2& 3 Page 3 11,787 ADT 1 6,200 ADT 1 (Level of Existing Land Use;!- North Lynnhaven 2,650 ADT Road Service "Cn) - 11,100 ADT Proposed Land Use 3 - 1 (Level of Service "En) 854 ADT Proposed Land Use 4 - 1,718ADT Average Dally Trips 2 as defined by existing 0-2 and 1-1 zoning 3 as defined by weekdays for a 93,000 square foot church 4 as defined by Sundays for a 93,000 square foot church WATER: City water does not front the property. To serve the property, the applicant will have to extend from existing service. Hydraulic analysis will be required to determine if the connection supports the potential demand. There is an eight (8)-inch City water main in Armon Avenue over 1,700 feet away from the site. There is a 10-inch City water main .Kings Grant Road. SEWER: City sanitary sewer does not front the site. To serve the site, the applicant will be required to extend gravity sanitary sewer to this site or construct a private pumping system if the ability to do so is verified by the applicant through an engineering study. Sanitary sewer and pump station analysis of Pump Station # 505 is required to ensure future flows can be accommodated. Construction bonds and plans will be required. There is an eight (8)-inch gravity sanitary sewer main and a six (6)-inch City force main in Armon Avenue over 1,700 feet away. There is an eight (8)-inch City gravity sanitary sewer main in Kings Grant Road. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area and as part of Strategic Growth Area 6 / North London Bridge Area. The area is characterized by a contrast in the quality and activity levels of commercial uses and the fact that residential uses are interspersed throughout. 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. Evaluation: The applicant has assembled three (3) parcels totaling 18.92 acres, 14 acres of which requires a rezoning from 1-1 Industrial to 0-2 Office for a 1,400 seat sanctuary with additional space dedicated within the building to youth activities and other church activities. The site is in an AICUZ of both 65 - 70 dB Ldn and 70 _ 75 dB Ldn surrounding NAS Oceana. The proposed use of the site is compatible under both the Navy's OPNAV Instruction and the City's AICUZ Ordinance. Services will typically be held on Sundays and Wednesday evenings. Staff has struggled in the past with other requests for potential uses of this site, primarily due to its high level of visibility from 1-264, its environmental constraints, the split zoning of 1-1 Industrial District and 0-2 GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 4 Office District, its access through an existing neighborhood, and its location at the terminus of 20-foot wide street that does not meet current City standards. Staff concludes that a church is a 'best case' scenario for this site as the weekday morning and afternoon peak traffic from such a use will not impact the Ansol Lane and North Lynnhaven Road intersection. During church services and other events, however, significant traffic congestion can be expected. It should be noted that residents along Ansol Lane will have an additional 1 ,700 vehicles passing by their homes on Sundays. This roadway now serves only a few uses and the character of Ansol Lane will change considerably as a result of this rezoning. At the request of Traffic Engineering Staff, therefore, a Traffic Impact Study (TIS) was submitted in conjunction with this application in order to determine the impact of the church on the surrounding properties and roadways. Traffic Engineering Staff reviewed the TIS and generally accepts its conclusions, but does have the following comments: 1. The TIS does not assume any childcare or pre-school activities at the proposed church. Thus, the weekday peak hour traffic generated by the church is shown.to be minor compared to what can be developed on the site by-right. If the church, however, decides to provide a child care or preschool facility, both of which are permitted with 0-2 zoning, the traffic impacts of the church on weekday peak hour operations on North Lynnhaven Road would be significant. (Comment: Addressed by Condition 6, recommended below). 2. The TIS does not include any reference to a traffic signal bond for this development. The traffic from the proposed church could contribute to a requirement for a new traffic signal at North Lynnhaven Road in the future if found to be warranted. The signal bond amount will be determined at the site plan submittal stage. (Comment: Will be addressed at site plan review. should these applications be approved). 3. A left-turn lane on northbound North Lynnhaven Road at Ansol and a right,;,turn lane on southbound North Lynnhaven Road will be warranted with the addition of traffic from the church. Although the addition of these turn lanes are off-site improvements, Traffic Engineering recommends that the church be resp<?nsible for their construction to minimize the traffic impacts of the church on traffic operations on North Lynnhaven Road, which is over-capacity without the church. (Comment: Will be addressed at site plan review should these applications be approved. Since the improvements are 'off-site', they cannot be required as a condition of the Use Permit). 4. The only firm recommendation included in the TIS is for the church to provide a trained and approved traffic control person to direct traffic at the Ansol Lane and North Lynnhaven Road intersection before and after church services on Sundays. While Traffic Engineering agrees, there will still be a significant amount of traffic congestion on North Lynnhaven Road because there are no left-turn and right-turn lanes. Without turn lanes, the many left turning vehicles waiting to turn onto Ansol Lane will block northbound North Lynnhaven Road traffic, possibly back to Lynnhaven Parkway during peak church periods. Similarly, without a right-turn lane, southbound traffic on North Lynnhaven Road will be delayed by the significant amount of slow right-turning vehicles and the complete stops required when the traffic control person allows northbound lefts onto Ansol Lane from North Lynnhaven Road. (Comment: Condition 5 requires a traffic control person. The turn lanes will be addressed at site plan review should these applications be approved). 5. Although it is not mentioned in the TIS, there will be some church traffic that will avoid the Ansol Lane and North Lynnhaven Road intersection because of congestion there and will cut-through GRACE BIBLE CHURCH Agenda Items 2& 3 Page 5 on Gator Street, which is a local street that runs parallel to Ansol Lane and is the only other street that outlets onto North Lynnhaven Road from Ansol Lane. (Comment: This ~ssue may be further addressed during detailed site plan review should these applications be approved). In sum, staff recommends approval of these applications with the conditions below. CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church Ansol Lane," prepared by Engineering Services, Inc., dated 11/27/06. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Compr~hensive New Facility," prepared by Barnes Design Group, P.C., dated December 7,2006. 3. A cul-de-sac or other appropriately designed turn-around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. 5. Traffic control measures shall be in place during Sunday services', Wednesday evening services, and during other large special events, such as concerts, weddings, and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 6. The site may not be used for childcare or school use without modification of this Use Permit. 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. GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 6 AERIAL OF SITE LOCATION GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 7 n . . . ! ~ I : E i ~ 3' i. ...... i i i ;:, ~ - ; !!!, l! qt' I" ~. " _; ,~ ::r .. Il' _I.. g.. -<'- ~\~ ~ ~ ! ! ~i~H ~ HI' ~ 31 ...... 0<: ' , ::0,1 ~l >-! <.1 ~I <1 0<:\ ~I ~I ..... ' :::J! O! V'Ji :>t: -' ' O.~ li- 01 Zl l - :::INn H:JJ.\IW ~ ~ ~[ .! ie I . & o' >l!" it J ! . >." a ~ a a. ~ ! ! ii 0; z' :J.l~ ~! PROPOSED SITE PLAN GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 8 i ~ , I U i 1> 0 I <> ~ <> u u mm_1 ;; ~ z g g > ~ ~ " ~ ~ ~ ~ - ,. -< z > ::'" ; - >- i!< "'0 > :1 =-~ - ., z :l; 3: z'" g z 0:;; " ~ ~ :0 " =~ u '" " g;: ::: 9 I ~z :;:; :::~ I '" :S:= ~ ;.. " " t.L- ~ I i .., '0 ! ::: 0' . : ;.. Z 0 :.oi ;::: ::::. <( ..... .,., - '" <i-" ~ => ~ 9 '" -~ -0 U ~< ~ ;.. z w ~ ... ._. t!l 11 w ~~ Z ;;" g 0 ~z U '" ~z ..... <( G;" 0" <( ;: Zw ~ 5 <~ 0 u~ z =. o~ oCt" Q z z Uz :( 0 0 ,,- ;::: ;::: 0" > <( z= ~ > <( ~z W ILl > 0< .... ILl :C(:; :J: ILl ..... U ... ..... w ::: => '" ..... 0 w '" '" '" ;: .<( ~ w o i o I ~ ' ~ 1 , I i"~'+-- .c ~ O~ U iU -~ C"::;' :J :l5~<S! ~ ~:; (b " z; .\:' '" :;: ~~ z " ~ o ~ ~ ::i > ". PROPOSED BUILDING ELEVATION GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 9 GRACE BIBLE CHURCH Agenda Items 2& 3 Page 10 GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 11 ~ GRACE BIBLE CHURCH Agenda Items 2& 3 Page 12 GRACE BIBLE CHURCH Agenda Items 2& 3 Page 13 1 02/26/02 CUP (wireless communications tower) Granted 2 04/11/88 CUP (church) Granted 3 04/07/86 CHANGE OF ZONING (R-6 TO A-2) Denied ZONING HISTORY GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 14 ~ i,} -! y t"~ S -r ~ ! ~ ~ t. :; :;: ~ :;( i~ ~F2< :::;fl, g':1i ~ ~.$ i--z; ;~ o 1t .~: >~ ~:0.:!" < t'" h 01- ~~~3 :; ,~ ~~~ l: Cllf~,SA Q ill ~ j- <~ffJ ~'*-$ Hii '< -*, ,,'I ~ ~ ! "; :: II: ~ .",,; -.,. ':1::, HhH " F .Zv., >~ '''''y ~ .r:- ;1' i '" .~ ~. f~~ r' ~,,);; J:~ 'Ii;'-- ~ ~) f, J, it;. .;<-, >I' ",.1') f~~~ ~: ~ ;; ~ ~f'>. Q ':'~,;. "'::"",""",, 1m ~:~ ~-: <. '#3.- l~~ ~ ~,~ ~- *' ~ ... .:) ;e 1: <$ 1> ~w; ~ t'- t: Y Q ,~: ~! ~f~ ~\ -;{'~ t <~..,^ ~ f., fi,..) #,~ " t. ;tPd L~ iihJ".r f;~ .<<. '!"', $ ~:. 'Ji" ~~ >; 't- ~ ~ z; ~ ~: :E: ~< [ ;~ ..:.. t^,~:::1:-"":~~ '*w'-~ il>vt::fl-':i~~~ 1t:-~ L p< j,)~ i, ~ i i ~ ~ ~ ~ ~ 7: i~~,L!~~~!i:; j}{~_:~_~ G-!;'-?!;,:; :?,.;;_;~_.t '1;Y~"""&;N ~ .,. i;" ~ $~ ~ ) t" N ..' ~ ~: .zq' ~' ~ < ,"".5: 1::"1;> ~t~q; 6 af~, \:~~!~J J" ~ '* wif ~~ ! ~ "t Ii g},~:; ~i o ~ 'I"-' "",2 ~~.~~~~' - -e:' _::;G. -:;. '"'i- ! ~ .~:' &.!2 ~ ~ ~ ,~ ;, l' 'f ;, ~,..: ::' ~ ~. *,~ ~ ;; DISCLOSURE STATEMENT :' ;\~ -{; ~ -j: U ~ ~. tt ~'; ~. # -7f k --~- J; '! 'ci .,;,..;- t ~. " '" ;""- ;."'" .. +t, ~ d ] ~ ~ '7 tJ ~- 'ct? ~'7 ~ ~l;,;; ~:- :;. '... %. :~, q' " ~, ~'t'" t:~*~ e.=i:~ '" <,"< ~, ',;; '2 ~ "<i< E^ ~~ ;; j~ '" - ~ "" ~----'; :t' "" t ., ~ ~...;.- ~ i ~~ ~ "" -,..' .. ':lo\-c :,' \) "",' ;.". t ~' -" i' "':; ;:.- 2< if' GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 15 Exhibit B CERTIFICATE OF RESOLL"TION On the /2/'-1' day of De..:.<:.t""'l~. 2006, the Board of Elders, the governing body of GRACE BmLE CHURCH, a church, in open meeting, passed the following resolutions on the date first above written: 11 is hereby RESOLVED that A. Ray Megginson, Trustee of GRACE BIBLE CHURCH, a Church, is hereby authorized and empowered to negotiate the acquisition and development of the real property an.d any improvements thereon located on Ansol Lane, identified on Virginia Beach City Composite map as parcel #1497-13-8854-0000, containing 4.95 +1- acres. For further clarification, the property is further described in Map Book 25 at page 68, in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia ("thc Property''), including the benefit of acquiring the Property and obtaining rezoning of the property or a conditional use permit, the plans for constrUCtion of a church building and related improvements, and the need to be able to obtain financing for the construction and development oftbe property. It was further resolved that A. Ray Megginson, Trustee, is authorized and empowered to negotiate, enter into, execute, and deliver all contracts, deeds, notes, deeds of trust, mortgages and other documentation required in order to purchase the Property and obtain financing fur the construction of a church building and related improvements on the subject property; to mal..--e proffers, grant and convey easements to the City of Virginia Beach, Virginia as deemed necessary for the purpose of constructing, renewing, replacing, maintaining, repairing, relocating and operating utilities and providing drainage to the property~ to obtain the rezoning ofthe property or a c:onditionaluse permit; and to enter into contracts and hire architects, engineers, contractors and any other individual or entity necessary to accomplish these purposes and complete the development of improvements including the construction of a church building on the subject property; to pay such additional fees and costs as may be necessary in performing these acts; and to do any and all actS necessary in the furtherance thereof. We, the undersigned, certify that the foregoing is an accurate statement oftl1~r~~~lution of the Board of Elders, the governing body of GRACE BmLE CHURCH, a church, and that thc above resolutions have not been rescinded or revoked as of this date. Give under our hands this /Z-1'+dayof D:=.<::er.W:- 2006. BOARD OF ELDERS FOR ~ffiGL Chaimlan, BOA,RD OF ELDERS By: DISCLOSURE STATEMENT GRACE BIBLE CHURCH Agenda Items 2 & 3 Page 16 Items #1, 2, & 3 Grace Bible Church Discontinuance, closure and abandonment of an Unnamed, unimproved right-of-way North side of Ansol Lane Change of Zoning District Classification Western Terminus of Ansol Lane Conditional Use Permit Western Terminus of Ansol Lane District 3 Rose Hall March 14,2007 CONSENT Barry Knight: The next business today will be our consent agenda items. The Vice Chairman usually does this, and since she is on vacation, I guess I will do it. Items 1,2 and 3, Grace Bible Church. An application of Grace Bible Church for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way beginning on the north side of Ansol Lane and extending approximately 477.05 feet in a northerly direction; an application of Grace Bible Church for a Change of Zoning District Classification from I-I Light Industrial District to 0-2 office District, on property located at the western terminus of Ansol Lane; an application of Grace Bible Church for a Conditional Use Permit for a church on property located at the western terminus of Ansol Lane, District 3, Rose Hall. Item 1 has four conditions and items 2 and 3 have six conditions. We1come Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. Again, for the record, Eddie Bourdon, representing Grace Bible Church. I want to let the Commission know that the Pastors of the church and a number of members of the church have come down today. I want to thank them for coming. They, as well as myself, appreciate very much that the Commission is putting this matter on the consent agenda. We appreciate all the hard work staff has put in on this. All four conditions of the street closure are acceptable, as are all six conditions of the Use Permit for the church. I thank you. We also want to thank the residents in the neighborhood, where the church members have gone and spoken and advised them in advance of this application for their support. Thank you. Barry Knight: Thank you Mr. Bourdon. Is anyone present here today that opposes items 1,2 and 3, Grace Bible Church being put on the consent agenda? If not, Mr. Crabtree, will you give us a short briefing of this? /0;-:- Eugene Crabtree: I'll be more than happy to. This is a piece of property that was zoned Light Industrial, that is being requested to change to 0-2 for the church. We have looked Items #1,2, & 3 Grace Bible Church Page 2 in the past of the numerous things that have come in that have been proposed for this piece of property. As of this point, it is the best use of this property that we have seen here on the Commission to this point. It meets the conditions of the Comprehensive Plan. It is in a primary residential zone. The total acreage of this is 18.92 acres, which is pretty good size piece of land for them to do this. When they are completed and they build their sanctuary, it is going to be visible from 1-264 and they have designed this to make it a very pleasing site, as you drive down 1-264. The surrounding neighbor is in favor of this. The Navy, as well the City has agreed with this even though it is in a little high noise zone. It is still compatible with this area. The impact on the neighborhood will be minimal because Ansol Lane primarily runs along side the interstate, and there is very ,little residential that actually borders on Ansol Lane itself. Therefore, considering all these items, we have put it on the consent agenda. Barry Knight: Thank you Mr. Crabtree. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 1 on the consent agenda with four conditions, and items 2 and item 3 with six conditions. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT KNIGHT AYE LIV AS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved items 1,2, and 3 for consent. c::=... - 39- Item V-K..4. PLANNING ITEM # 56303 The following registered to speak in OPPOSITION: Bernard H Johnson, 1308 Lake James Drive, Phone: 413-9103, advised his home is approximately twenty feet from the Zion Church and he is concerned re the hours of operation. Kathy Salonia, 1304 Lake James Drive, Phone: 420-2995, expressed concerns re soundproofing of the building Peggy Sansone, 1305 Lake James Drive, Phone: 424-3464, concerned re other activities of the Church i.e. Outreach Ministries, training, fund raisers, summer camp, which would extend hours of operation. Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council DEFERRED until the City Council Session of April 24, 2007, an Ordinance upon application of ZION CITY OF DELIVERANCE OUTREACHfor a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ZION CITY OF DELIVERANCE OUTREACH FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian River Road (GPIN 1465285585). AICUZ is Less than 65 dB Ldn, DISTRICT 1 - CENTERVILLE Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorj John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph April] 0, 2007 LAKE JAMES CUP for Church CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian River Road (GPIN 1465285585). AICUZ is Less than 65 dB Ldn. DISTRICT 1 - CENTERVILLE MEETING DATE: April 24, 2007 . Background: The City Council deferred this request at their April 1 0, 2007 meeting. The applicant requests a Conditional Use Permit allowing the renovation of an existing deteriorated structure for a 58 member church. The subject building is one of two commercial structures on this parcel, which is zoned B-2 Business. There is an existing dry cleaning business (Zoots) located on the front portion of the site, immediately adjacent to Indian River Road. The structure proposed for the church has been vacant for several years, and the property owner has had considerable difficulty finding a user due to the location of the building on the rear of the lot, the deteriorated condition of the building, and the close proximity of a residential community to the south. Thus, similar to situations where churches locate within underutilized units in a retail strip center or office complexes, the applicant desires to use this underutilized building. . Considerations: The Comprehensive Plan designates this area as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area primarily focus on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area, while providing for compatible and appropriately located non-residential uses serving those neighborhoods. The applicant is proposing to rehabilitate what many consider to be an existing "eye sore." The exterior of the existing building is in extreme disrepair. The applicant proposes to add vinyl siding, install landscaping, re-stripe the parking lot, install security measures, and improve the lighting. An existing hedge of Leyland cypress exists along much of the southern property line, adjacent to the single-family residential units. As this will be a place of "assembly," additional Building Code requirements must be met in regards to fire protection, tenant separation, and means of egress. The applicant is currently working with the Building Official to address these outstanding concerns. Zion City of Deliverance Outreach Page 2 of 2 In addition to traditional church service times on Wednesdays and Sundays, the church will also offer computer training, tutoring, and outreach programs intended to meet the needs of lower income families and senior citizens. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The improvements depicted on the submitted plan entitled "Concept Plan Zion City of Deliverance Outreach" shall be implemented prior to occupancy. Additional requirements may be required as a result of the final site plan review. Additionally, the exterior of the existing building shall be upgraded with a neutral color siding. 2. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. 3. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent homes on Lake James Drive. 4. Normal operating hours shall be limited to between 6:00 a.m. and 10:00 p.m. 5. Daycare operations shall be prohibited on this site. 6. The applicant shall work with the Permits and Inspections Division of the Planning Department to attenuate the sound generated by the church as much as reasonably possible. . 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: ~~ t , ~}('t ZION CITY OF DELIVERANCE OUTREACH Agenda Item 16 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: . Conditional Use Permit for a church. ADDRESS I DESCRIPTION: Property located at 5405 Indian River Road GPIN: 14652855850000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 1.15 ACRES SUMMARY OF REQUEST The applicant requests a Conditional Use Perl'Jlit to rehabilitate an existing deteriorated structure for the purpose of operating a 58 member church. In addition to services on Wednesdays and Sundays, the church will also offer computer training, tutoring, and outreach programs designed to address the struggles of lower income families and the aged. Improvements include new neutral color vinyl siding for the building exterior, new landscaping, upgrading of the parking lot, and installation of security measures, including improvement of the lighting. LAND USE AND ZONING INFORMATION EXISTING LAND USE: This site, zoned B-2 Community Business, currently has a dry cleaning retail operation at the north end of the site, adjacent to Indian River Road. The proposed improvements will be located in a deteriorating building located on the southern part of the site. SURROUNDING LAND North: . USE AND ZONING: . South: . East: . West: . Indian River Road Retail / B-2 Community Business District Single-family dwellings / R-10 Residential District with Open Space Promotion . Restaurant; mini-storage / B-2 Community Business District Restaurant; office / B-2 Community Business District, 0-2 Office District :: . . ............/ . ',--' ~,,,'.i;' .' " ,', ZION CITY OF DELIVERANCE A~enda Item 16 ..Page1 NATURAL RESOURCE AND CULTURAL FEATURES: There do not appear to be any significant environmental or cultural features on the site, as it is primarily impervious. 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): Indian River Road in the vicinity of this application is considered a six (6)-\ane divided major urban arterial. The Master Transportation Plan proposes a divided facility within a 155 foot right-of-way. The Capital Improvement Program includes a project for construction of an eight-lane divided highway from Centerville Turnpike to Kempsville Road within a 155 foot right-of-way and full improvements at the Indian River Road/Kempsville' Road intersection. Currently, this project (Indian River Road, Phase VIII) is on the Requested But Not Funded Project Listing. Although Indian River Road, Phase VIII is listed as a Requested But Not Funded project, Public Works/Project Management has indicated that this project may quickly come to the forefront. Current transportation models have indicated an escalating need for roadway improvements throughout this corridor and intersection to combat immediate capacity issues. The Zion City of Deliverance Outreach should not be directly impacted by this CIP project; however, the retail operation on the same site to the north as well as the access from Indian River Road may be impacted. Details are unknown at this point. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 65,897 ADT'- 26,300 ADT (level of Existing Potential land Road Service "C") - 48,200 ADT Use 2 - 863 ADT 1 (level of Service "E") Proposed land Use 3_ 89 ADT Average Dally Tnps 2 as defined by general retail 3 as defined by this church WATER: This site must connect to City water. There is a 16-inch and a four (4)-inch City water main along Indian River Road. SEWER: This site must connect to City sanitary sewer. There is an existing eight (8)-inch City gravity main along Indian River Road and a 42-inch force main as well. Analysis of Pump Station #443 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION ," ,:" "^ ,'u,v ;/:.N'_, < ~,"'^-. ~,-,.^ '--': ',- . ---....., V.",,/ ,':::,'"w , . .'.-", "\' ZION CITY OF DELIVERANCE Agenda Item 16 . . . Pag~ 2 -t" Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Areafocus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: There is an existing dry cleaning business operating on the front of the site, immediately adjacent to Indian River Road. Access to the church will be via an existing drive aisle present along the western property line. The exterior of the existing building is in extreme disrepair. The applicant is proposing to rehabilitate what many consider to be an existing "eye sore." The applicant proposes to add vinyl siding, install landscaping, re-stripe the parking lot, install security measures, and improve the lighting. An existing hedge of Leyland cypress exists along much of the southern property line, adjacent to the single- family residential units. . As this will be a place of "assembly," additional Building Code requirements must be met in regards to fire protection, tenant separation, and means of egress. Additional bathrooms may be necessary and compliance with all Americans with Disabilities Act requirements must be met. The applicant is currently working with the Building Official to address these outstanding concerns. Even with an approval from City Council, occupancy would not be permitted unless all federal, state and local code requirements are met. The staff is recommending approval subject to the conditions below. CONDITIONS 1. The improvements depicted on the submitted plan entitled "Concept Plan Zion City of Deliverance Outreach" shall be implemented prior to occupancy. Additional requirements may be required as a result of the final site plan review. Additionally, the exterior of the existing building shall be upgraded with a neutral color siding. 2. A Certificate of Occupancy shall be obtained from the Building Official prior to occupancy. 3. Lighting shall be directed down at the ground, and not out horizontally or up in the air. Any lighting located on the back of the building(s) must use appropriate shielding/screening in order to direct light downward at the ground and not toward the adjacent homes on Lake James Drive. 4. Normal operating hours for services shall be limited to between 6:00 a.m. and 10:00 p.m. 5. Daycare operations shall be prohibited on this site. 6. The applicant shall work with the Permits and Inspections Division of the Planning Department to attenuate the noise generated by the church as much as reasonably possible. '-"~ . ^ <,' .. ',. "< ZION CITY OFOEL..IVERAf'JCE A9~ndaJt't6 3 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"', -;--'.5'>-::' ,\ , '<.i:.'" _, ":",,-:,, "--'~<,f" ."~ AERIAL OF SITE L~~~l'lO'N'~':.\ ",""'_,_..,;-" ..o~' -"f.;': ZION CITY OF DELIVERANCE Agenda Item 16 .... .Page 5 ~~ .__.~~.. ......-r.,. ;'::,....... ;. r -1'1. - " ' :'.',:. ' t} . . ''t><- , , 1 t..i . ~. i. !-.) :; . . I 1""' fl' ~. ql ~~jl! 'nOh I~ l . \;Z '""i ! . ~H J _ I, . .-. ,N~.: I PROPOSED SIJE:;PL.-AN'~<. ~-.,'; ....A,.>.,,) ,,>",. ._, , ," _'_.'.: 'C' _.....'.~yv:"..._.. ,:. ,~^",,:- ',--^:'::>^--~ ~,. ....-.,'...... ;-c",,::,," .-:' - ~:--' ,~- ", "-,, ,:.':""\\ ,';":-:. ~.:'; ZION CITY OF DELIVERANCE Agenda Item 16 .' .. P~ge.6 PHOTO OF EXISTING BUILDING ~ _Y". . -.".; .', ZION CITY OF DELIVERANCE A.genda Itern 16 . Page "7 ,..... ^ "....-., LAKE JAMES CUP for Church 1 10/29/96 Conditional Use Permit auto repair) Withdrawn 2 5/14/91 Chanae of Zonina (0-2 Office District to B-1 Business District) Granted 3 5/23/88 Conditional Use Permit (auto sales and rentals) Withdrawn 6/8/87 Conditional Use Permit (auto repair) Granted 4 1 0/1 4/85 Change of Zoning (R-8 Residential District to B-2 Community Denied Business District) 5 7/2/84 Chanae of Zonina (R-5 Residential District to 0-1 Office District) Withdrawn 6 1/17/83 Change of Zoning (R-8 Residential District to B-2 Community Granted Business District) 7 1/17/83 Conditional Use Permit fuel pumps) Granted 8 1 0/11/82 Conditional Use Permit car wash) Granted 9 3/18/02 Conditional Use Permit indoor recreation and church) Denied 10 7/1 /04 Conditional Use Permit self-storaae faciliM Granted /i'^ W'/, >:~:< ,""~ :-, .", ~<., .""": ..~. '-~G"~ ZION CITY OFl):E[-I\.tER.AtICE ..Ats~ndalt~(.16 .<~~g~J3 o CI) 5 ., 'li " ';; 'iii '11.: <l! 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'-, oS e8 :S~ ~8 - ,. 0." =c t): \D Qi< .c'::: QC o 1i ~ ~ ~ a ~ ... ;;; '" ~ .~ ~ ~c ,~ - :~ 0 "2:li W"'~ ~o~ 15- <n~..o o~: o _ -~ ~, <l) de~~~~ !!~n'~z~ ~~~~~ fJ..r: ms ~~: ~~~:;:~"" os[:~ ~tgl~ fX''''.",,",,::;'- W5'E'Q;1i3 c..,,~...,:: C 0- .,.7- ~~8~=15 a..~Q~__g~ Q \a .;~ ~ c ~..::00 1:; ~- ~.;:.E ~ ~2 'l~ .~~s~c. SQ.;:? Q UJ' ~ ~ ~= ~ l:g:3g 8::;..... uf ~ '0 T< :) .:; ~ 'a3 :G C e ~ '" ~ Cl € a '" '" '" ::> '" .r:; ;;:; u c; '''!:l lZ' c: a; '" ,~ l l? ~ > g- c ~ :::- l5 D ~I c 0 _ z :;l - "" ~ $ o ~ ~ ,.: .9 e &. ~:: R.2 ~~ o~ li::_ jI',l 0 'iJ .~ ~ ,..r; ";;j ~,.~ -. ,g! :-0 ~ ~ '" "x: ;: ~ ~ [ c - $t "~ ~~ ~~ O~ ~,,- ~.,,'_: ,~ - '" i ~~ '" " c o 5 ~~ ,* 0: .w >-. o w = ., DISCLOSURE STAJEIlIENJt< '" " ,~,.>, ZION CITY OF DEl...I\lEHArf!CE 1\gendaJt 16 9 Item #16 Zion City of Deliverance Outreach Conditional Use Permit 5405 Indian River Road District 2 Kempsville March 14, 2007 REGULAR Barry Knight: Mr. Strange? The next agenda item please. Joseph Strange: The next item is item 16, Zion City of Deliverance Outreach. An application of Zion City of Deliverance Outreach for a Conditional Use Permit for a church on property located at 5405 Indian Road, District 2, Kempsville. Barry Knight: Is the applicant's representative here? Joseph Strange: I have a Pastor Joyce Butler. Barry Knight: We1come ma' am. Pastor Joyce Butler: Good afternoon. Mr. Chairman? Ladies and gentlemen. I'm Pastor Butler. I'm the Pastor of Zion City of Deliverance. I want to thank you for considering this matter. I would also like to say that, first of all, I am a resident of the Kempsville area. I have been delighted to be a citizen and a member of the community. We're looking to certainly come in, and be an asset and good neighbors like the pastor prior to myself. Not looking to come in and change the existing atmosphere. I think I can comfortably say. I do believe there are some concerns. We are fully able to address those concerns and any questions that you may have in regards to this matter. Barry Knight: Okay. I'll open it up for questions. Does anyone have a question of Pastor Butler? Mr. Strange? Joseph Strange: I guess, my questions is, and, we have a letter here from a Mr. Stampe? Pastor Joyce Butler: Yes. Joseph Strange: It is my understanding that you met with him? Pastor Joyce Butler: Yes we did. Joseph Strange: Did you all reach some sort of level of understanding on focusing on what was going to happen? He seemed very excited about having your there. There didn't see to be any problem whatsoever or opposition to you being there. Because of the Item #16 Zion City of Deliverance Outreach Page 2 meeting where you had kind of had some understanding, one was that your normal hours of operation would be 9:30 am to noon on Sundays; and 7:30 pm to 9:00 on Wednesday for bible study. Was that the kind of level of understanding you had with him? Pastor Joyce Butler: That is the level of understanding. However, being a church there are often times there are other functions that occur, such as weddings, baby dedications, and things as such. Joseph Strange: In his letter, he says Lake James understands that from time to time special events will occur outside the normal hours. Basically, he has asked for a few conditions to be put on this that he didn't feel like you would object too. One was, maybe no operations before 6:00 am or after 10:00 pm. Pastor Joyce Butler: Or after 10:00 pm? I understand that but being a church, as I say, we certainly are not looking to have service until 12:00 or 1 :00 0' clock at night. However, there may be some type of carry over. But that's within terms. Joseph Strange: That there was not to be any daycare operation? Pastor Joyce Butler: Right. There is no daycare. Joseph Strange: You have no objection to that? Pastor Joyce Butler: No. Joseph Strange: When you're doing the repairs on the structure to get ready that there would be no work after 8:00 o'clock at night during the time you're doing construction. Pastor Joyce Butler: We agree with that. May I ask a question? During these procedures of reconstructing, are we speaking about perhaps painting or such that is very quiet. Joseph Strange: I don't think they were trying to be hard with anything. Pastor Joyce Butler: Okay. Joseph Strange: They were just trying to do some things to kind of protect, as any neighborhood would. I really don't want to elevate this to a problem. These people are more than happy to have you there. They did not indicate that we oppose these people coming here. They were very happy. I think it had more to do with his position there in the community, when he goes to the community. He kind of represents things to be this way. We kind of said, well okay, we will put this thing in writing as a condition. Pastor Joyce Butler: We want to be good neighbors. Not meaning to cause any upset disturbances as such. Item #16 Zion City of Deliverance Outreach Page 3 Joseph Strange: I'm sure. I feel awful for bringing this up but it was brought to me. I talked to Mr. Stampe. He certainly didn't want to elevate this to a large situation. Pastor Joyce Butler: We originally had the meeting and it was quite good for both parties. Joseph Strange: Right. He was excited. He wrote a nice letter here. He said "Pastor Butler, good luck". He had some very cordial feelings. That is it. Barry Knight: Are there any other questions for Pastor? Thank you ma'am. Pastor Joyce Butler: Thank you. Joseph Strange: Speaking in support,we have Sharon Wallace. Sharon Wallace: That was only if there were any additional questions. Joseph Strange: Sure. Barry Knight: Okay. Thank you. Joseph Strange: We also have one other speaker. Peggy Sansone. You didn't mark whether it was opposed or support. Peggy Sansone: It is really not opposition. Ijust have a few questions and concerns. Joseph Strange: Okay. Barry Knight: Come forward ma' am. Peggy Sansone: Are you ready for me? Barry Knight: Sure. We1come and please identify yourself. Peggy Sansone: Thank you and good afternoon. My name is Peggy Sansone. I'rri a resident that lives adjacent right behind the fence of the property. Once again, I'm not in opposition as a resident of the neighborhood. I just had a few questions and concerns. I was one of the groups that met with Pastor Butler, and it was a very cordial informative meeting. However, I'm not sure it might be listed in Mr. Stampe's list of conditions is the issue of the building? Well, in the previous picture you saw that the building is rather old. It is in serious decay and disrepair. Our concern, and the neighbors on the other side of the fence, is that of the sound-proofing. We hear noise across the fence all the time. There is Chick-Fil-a that is adjacent right to this property. We hear constantly all day long the orders that are being taken. Anybody who drives through with music, we hear Item #16 Zion City of Deliverance Outreach Page 4 everything. So, given that service is being inside the building, the building is really very deteriorated. I've been inside the building. They can concur. There really is a lot of work. My concern is that are they going to sound proof the building as they had spoke to us about in the meeting, and when isthat going to be done? Pastor Butler had said they are looking forward to maybe starting services in May. Are they going to be able to accomplish sound-proofing of this building before services are held? That was really the primary concern. I think everything else has been answered in hearing your discussion of concerns. Is sound proofing of the building mentioned in Mr. Stampe's letter? Joseph Strange: It was. Peggy Sansone.: And is it prior to the beginning of services? Joseph Strange: I don't know. Barry Knight: Pastor Butler will get a chance to rebut. Joseph Strange: It is my understanding that she had an engineer at that meeting. Was that not someone from engineering? She is shaking her head yes. Peggy Sansone: Okay. I don't recall. I apologize. Joseph Strange: She had an engineer and this engineer was certain they could take care of this. Our problem was maybe comin"g up with some type of standard where to what sound- proofing is. I kind of thought if we maybe if she were to agree to something similar to people who live in the noise zone in Virginia Beach and what they have to do to their home for sound attenuation that it might be some standard. Bill Macali: There are different levels of sound attenuation. Joseph Strange: Oh? There is? Bill Macali: Yes. It is designed to result in more or less sound being attenuated. I'm not terribly sure that the same applies to sound going outside the building. The AICUZ ordinance, or course talks about sound coming out through the sky into the building. I'm sure the same sound attenuation applies here. Joseph Strange: That is where our problem lies. I think all of us have been in that building before because there was an application that was rejected a few years ago. So, I think at that time most of us had been in that building and were aware of the condition of the building. I guess it would be up to Pastor Butler to maybe how she would put that in. See, you kind of have to understand. It was asked in the informal session why would you be that concerned? People don't realize how close your house is? Item #16 Zion City of Deliverance Outreach Page 5 Peggy Sansone: Exactly. Joseph Strange: It is real close and you can hear just about anything. Peggy Sansone: Conversations across the fence. Just normal conversations across the fence Joseph Strange: Before, they were going to put in a skateboard ramp. I think this can be worked out. Peggy San:;one: Exactly. Like I said, I'm not here in opposition. I think this would be a wonderful use of the property. They will be wonderful' neighbors.. It is just the noise that is the issue with us, even when we're talking about the noise inside the building because with organ music and prayer and song, it can be quite loud. That is what we're worried about. Donald Horsley: If the Commission remembers back, we did this with one of the churches that was in Great Neck. It was some kind of sound attenuation put in that building. And maybe before this application gets to Council, staff can kind of check into that and see what could be appropriate matters to use for that. Carolyn Smith: That was actually for a new addition to the building. They were having Christian rock bands in that building. I think this is really a completely different scenario. Donald Horsley: Well, we need some level of comfort for this lady to keep some of that noise out. Bill Macali: Mr. Chairman, I think that there is something that the City's building official is pretty much an expert on, and could certainly help out. I think if staff was just to get with the building officials and find out what type of sound attenuation would do the trick. That would get the discussion started. Joseph Strange: I think one of the people would like to address that issue. Eugene Crabtree: I'll sponsor her. Barry Knight: Ma' am? You can come forward. Maybe she can answer some of our questions. Sharon Wallace: Thank you. Barry Knight: Re-identify yourself please ma'am. Sharon Wallace: My name is Sharon Wallace. I'm a citizen of the Kempsville area. I Item #16 Zion City of Deliverance Outreach Page 6 am one of the ministers at Zion City of Deliverance. I thank you for letting me come forward. Hopefully, I can give you a little bit of insight on the sound issue. When we met with Mr. Stampe, and the lovely people, we were able to work it out and we came upon an agreement. One of the things that we addressed with them, and even though it would be extra cost for us, we were going to do two things, we were going to place some insulated sound buffering insulation between the walls, between where this young lady lives in the back. Also, there is actually a 30-foot distance between the back wall and the neighbor's home. What we have also done is we've rearranged some of our internal designs as far as the retrofitting of the building where we're pulling the pulpit area out' away from the back wall by about an additional 40 feet in order to accommodate, and try to address some of the sou9.d issues. So, we've done tho~e two things, which kind of . pulls it away. In other words, we are not right tpere on the back wall. Another issue is we're not going to have rock bands and, I don't really know. I guess I'm above that age now, nothing that is really, really loud. I think what will probably happen is there will probably hear Chick-fil-a more than they will hear us. So, if there are any questions. I just wanted to make sure that the Commission was aware of those things. Barry Knight: Ms. Wood has a question? Dorothy Wood: Pastor, I'm sure you plan on doing the renovations before you have services. I don't imagine you will be having people in that building.. I don't think the City would allow that would they? Sharon Wallace: No. Absolutely. We have a very good plan. Our pastor was saying that what we want to do is make the building kind of fit in with the neighborhood. Maf<e it very pretty and very lovely. Nice landscaping. We realize there is some work to be done. We've got some pretty faithful workers ready to do it. Dorothy Wood: I'm sure Ms. Sansone will be delighted to have the building upgraded. Barry Knight: Mr. Crabtree? Do you have a question? Eugene Crabtree: No. Barry Knight: Mr. Henley? Al Henley: This is just a comment for the pastor. As Mr. Macali has indicated there are different levels, which you accomplish to address the sound issue. If you would contact one of the building officials, they are in Permits and Inspections, Department of Planning. I'm sure they will be more than happy to give you some information and some literature that would help you. For example, you can go with commercial insulation of 6 inches of insulation versus the 4 inches of insulation. You can go with thermal payne, window replacements those are to some degree. If you can contact their expertise, they will be more than happy to give you some information that will helpful to you. Item #16 Zion City of Deliverance Outreach Page 7 Sharon Wallace: Yes sir. Thank you very much for the information. Barry Knight: Are there any other questions? Mr. Strange? Joseph Strange: I would like to make a motion that the application be approved with the additional conditions of no services before 6:00 am or after 10:00 pm. No one will reside on the site. No daycare operation will be conducted and sound attenuation material will be resolved. Let's leave it at that. Barry Knight: There is a motion on the floor. Do I have a second? Mr. Horsley seconds it. Is there any discussion? . Joseph Strange: She has a question. Barry Knight: I'm sorry. Pastor Joyce Butler: Yes. So, that I understand are you locking in the 10:00 o'clock hour. Joseph Strange: No later than 10:00. Services. You wouldn't have services after 10:00 o'clock at night. Pastor Joyce Butler: No. On occasions. . Joseph Strange: Or before 6:00 am. Oh no. There is an understanding from time to time special events will occur outside the normal hours. Pastor Joyce Butler: Right. Joseph Strange: These are pretty normal hours. 6:00 to 10:00 0' clock at night. You are not going to have too much stuff going on before 6:00 am? I understand. Pastor Joyce Butler: I didn't want a situation to come up where were vacating the building. And it may be 10:30 or 10: 15. Dorothy Wood: But not on a weekly basis? Pastor Joyce Butler: Right. Thank you. Barry Knight: There is a motion on the floor and a second to approve made by Joe Strange and seconded by Don Horsley? Is there any discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 Item #16 Zion City of Deliverance Outreach Page 8 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND STRANGE WOOD ABSENT AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Zion City of Deliverance Outreach with the additional conditions as presented. Pastor Joyce Butler: Let me say thank you so much. Joseph Strange: Thank you. Barry Knight: . Thank you ma' am. Page 1 of 1 Carolyn Smith Sent: To: From: mstampe [mstampe@cox.net] Tuesday, March 13, 2007 4:54 PM Carolyn Smith; BIZMOM2000@AOL.COM FUSIS1@COX.NET; GARYN777@COX.NET; langman5@cox.net; Ruth H. Fraser; CSDCASH@COX.NET; BILL.MURRAY@BAUERCOMP.COM; MOVINGDEALS@YAHOO.COM; larstampe@aol.com Subject: ZION CITY OUTREACH AND LAKE JAMES COMMUNITY/ Input for March 14th Meeting Cc: On Saturday, March 3rd, several community members of Lake James met with Pastor Butler of Zion 'City Outreach to discuss the Conditional Use Permit (CUP) Application for the church scheduled for March 14th. Lake James had concerns about the project, but Pastor Butler and members of ~er congregation were able to answer our questions. A conclusion was reached by Lake James and Zion members about the following conditions: 1. The building must meet the structural standards of the city; the fire standards of the city; and health standards (rats were seen around the structure in the past). 2. Normal hours of operation would be 9:30 am to noon on Sundays, and from 7:30pm to 9:00 pm on Wednesday for Bible Study. Lake James understands from time to time special events would occur outside the normal hours. 3. No one will reside on site; daycare operations will NOT be conducted. 4. Zion stated that attenuation materials will be instaUed to reduce sound levels; we ask that this be a condition. 5. Repairs of the structure must not be conducted after 8pm. All parties agreed that Zion must meet the CUP requirements in order to operation, and that Zion would be responsive to community inputs if/when a problem arises. As of this date, CUP support from the Lake James neighbors is in the majority. For C. Smith: Pease ensure this information is provided to the Planning' Commission and City Council. For Pastor Butler: Good Luck! Lar Stampe President Lake James Homes Association 3/13/2007 Bernard H. Johnson 1308 Lake James Drive Virginia Beach, Virginia 23464 Phone 757-413-9103 March 3,2007 Mr. Lar Stampe, President Lake James Homes Association P. O. Box 64928 Virginia Beach, VA 23462 Re: LiRA Meeting of March 3, 2007 with personnel of the Proposed Zion City of Deliverance Outreach at 5495 Indian River Road GPIN: 146528 5585 Lar, The above referenced meeting held on March 3 was fruitful. I want to take the opportunity to express some observations and add my personal input to you as representative of our homeowner's association. Please include the concerns below with input you may have received from other homeowners for presentation to the Planning Commission at the public hearing scheduled for Wednesday, March 14,2007 at 12:00 noon. 1. The Fire Control System; i.e. alarms, sprinklers, extinguishers, etc. must to be updated and inspected to insure all current City codes for such systems are met. 2. Noise levels and keeping children under adult supervision is a concern. The Hours of Operation for the facility must be published and not exceed any City restrictions on operating hours for such a facility. 3. Safety and Health concerns are real. Rats have been observed in the area of the vacant building as the conditions have deteriorated. 4. All rehabilitation work by contractors addressing the. above conditions must be completed, and a Certificate of Occupancy must be issued by the City before the facility is occupied and operational. 5. City must inspect the premises after 1 year, 3years for continued compliance to the above concerns, and any other City imposed conditions. . As a homeowner adjacent to and directly behind the property on which the proposed facility will be located and operating, I generally approve of the proposed outreach facility. The above items of safety, health issues, and noise levels, are of particular concern to me. Thank you for including my input with those of other Lake James homeowners. ""-- cc: Carolyn A. K. Smith, City Planning Department Virginia Beach City Council members CUP Checkered Flag Mini Page 1 of 1 Beverly Hooks From: Ruth H. Fraser Sent: Tuesday, April 17, 20076:45 PM To: City Council Subject: FW: CUP Checkered Flag Mini From: Smith, Cindy [mailto:CSmith@landmarkdg.com] Sent: Tuesday, April!7, 2007 3:11 PM To: Ruth H. Fraser Cc: Berry, Howard Subject: CUP Checkered Flag Mini Ms. Fraser: We are requesting an indefinite deferral for the above referenced project for City Council approval. The CUP was to be heard by City Council on April 24, 2007. The indefinite deferral is due to changes in the proposed site layout. If you have any questions, please do not hesitate to contact us. Cindy Smith Executive Assistant LandMark Design Group 5544 Greenwich Road Virginia Beach, Virginia 23464 Tel: (757) 473-2000 Fax: (757) 497-7933 . flMik rfx'1I a/.Jinj,e.od and ,JZ.;e.e a"'c1"A dtuwiI'c1 4/17/2007 ~~~;"! ~7i~~".?i' :~i. - - .. .~';' \~.', .u.. _ ->) ,:\~ ::J 'l'::.:<. ~...,..I..[j '''''I'\~A''..:' ~~:,.:.."" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Checkered Flag Motor Car Company for a Conditional Use Permit for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach Boulevard (GPIN 1467762274). AICUZ is Less than 65 dB Ldn. DISTRICT 2 - KEMPSVILLE . MEETING DATE: April 24, 2007 . Background: The applicant requests a Conditional Use Permit to allow redevelopment of the site for motor vehicle sales, rentals, and service. The applicant proposes to relocate the Mini Cooper dealership operations from 5225 Virginia Beach Boulevard (two parcels to the northwest) to this site. . Considerations: The applicant is requesting referral of this Use Permit application back to the Planning Commission. The applicant needs to revise the plans and building elevations, as there have been changes in the proposed phasing and specific use of the site. . Recommendations: Referral to the Planning Commission. . Attachments: Location Map ::::7=:::e~:::~:::~: t:~~~~:::iSA:n;) City Manag . V-... Ulj v~ r " I ~\.f/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Prince of Peace Lutheran Church for a Conditional Use Permit for a columbarium on property located at 424 Kings Grant Road (GPIN 1497078145). AICUZ is Less than 65 dB Ldn. DISTRICT 5 - L YNNHAVEN MEETING DATE: April 24, 2007 . Background: The applicant requests a Conditional Use Permit to allow for 70 columbarium niches in two (2) connected walls, each eight (8) feet and four (4) inches high. In addition, memorial plaques are also planned. A garden with benches and a walkway is depicted on the submitted plan as well. The design of the walls will mimic the exterior building materials of the existing church. . Considerations: The Conditional Use Permit for the columbarium is.acceptable. The proposed location is inconspicuous from any rights-of-way or adjacent residences. The project's design will blend witt.l the building materials of the existing church and will appear to be a decorative wall or fence as one passes by. The memorial walls that will house the niches are proposed with a %-inch split-ribbed block with a four (4)-inch concrete cap. A five (5)-foot high decorative fence will enclose the memorial garden area for security reasons. In conjunction with the project, a meandering walk with landscaping will serve to enhance the property. The Planning Commission placed this item on the consent agenda because the columbarium will blend with the building materials of the existing church, the use is consistent with the recommendations of the Comprehensive Plan for this area, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this request with the following conditions: 1. The location of the columbarium shall be limited to that shown on the submitted plan entitled "Site Plan for Prince of Peace." 2. The majority of the columbarium walls that face any right-of-way or residential property shall complement the exterior building materials, in terms of color and material, of the existing church and shall be substantially in conformance with the drawing entitled, "Columbarium Elevations Niche/Memorial Wall." Prince of Peace Lutheran Church Page 2 of 2 . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. 1 1 Submitting Department/Agency: Planning Department I~ City Manager: ~ '?-., ~1l(l4z. .. . PRINCE OF PEACE Agenda Item 11 March 14, 2007 Public Hearing Staff Planner: Carolyn A. K. Smith REQUEST: Conditional Use Permit for a columbarium. ADDRESS I DESCRIPTION: 424 Kings Grant Road GPIN: 14970781450000 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: Approximately 5 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow for 70 columbarium niches in two (2) connected walls, each eight (8) feet and four (4) inches high. In addition, memorial plaques are also planned. A garden with benches and a walkway is depicted on the submitted plan as well. The design of the walls will mimic the exterior building materials of the existing church. EXISTING LAND USE: Church with parking lot SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family dwellings / R-10 Residential District . Single-family dwellings / R-10 Residential District . Singe-family dwellings / R-1 0 Residential District . Kings Grant Road, retail, vacant / B-2 Community Business District, R-10 Residential District LAND USE AND ZONING INFORMATION NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. Much of the five (5) acre site is grass. This project does not impact any significant environmental or cultural features. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana.' ,,:, ...'~', ..:.:C,_:, "_' ':.:::'__.,'- ..;......' ,'._ - "..-. ',": ....:.'.>".c'.:.:.: PRINOE OF PEACE Agenda Item 11 . P Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this as a 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 proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The exterior building materials used reflect the materials used within the residential neighborhood adjacent.to this property.' Evaluation: The Conditional Use Permit for the columbarium is acceptable. The proposed location is inconspicuous from any rights-of-way and adjacent residences. The project's design will blend with the building materials of the existing church and will appear to be a decorative wall or fence as one passes by. The memorial walls that will house the niches are proposed with a %-inch split-ribbed block with a four (4)-inch concrete cap. A five (5)-100t high decorative fence will enclose the memorial garden area for security reasons. In conjunction with the project, a meandering walk with landscaping will serve to enhance the property. CONDITIONS 1. The location of the columbarium shall be limited to that shown on the submitted plan entitled "Site Plan for Prince of Peace." 2. The majority of the columbarium walls that face any right-of-way or residential property shall complement the exterior building materials, in terms of color and material, of the existing church and shall be substantially in conformance with the drawing entitled, "Columbarium Elevations Niche/Memorial Wall." 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. ":,,'- , .....-"-,.<; ,....,:...:...,..... ",/ PRINdEOF PEACE. Agenda Item 11 Page 2 AERIAL OF SITE LOCATION . ..~/"". '''-'~'','''''> " . - ~ ',', . ','. . _', . . .. '._ ,'_" .i .:':_." . ....':': ..0,. PRINCE' OF PEACE'. Agenda Item 1.1 ...P?ge 3 [~~'"' mR,,~iWW. =.'~J' """,,-"'-'.-.>.'. ,<<-.~ ~ - ,__=~_~,,~~l!i~:'.l! . . ==.,<o>al>;_~m,'",',""""'="'~= 11 1:l "~ Ql III t: !:II t:.. E c 1:l Oel. '6. QI -QI .. .5 ~u Gl III II )( .. U E Gl III III II 1:lGl" IIU1:l 1:l CJ:l! U 'II Gl 1II0Ql CU.. J:l ......1:l II~ 0 0 "'Oc .... I III au> III ~ CC ::> t- v Z ~ Z ~ GI C Ou.5! IC'" . GI ~ I/)"'Ul . . ~ L................... .llJ ..--.. , ..w Zc:o o ~ow v...... ::l(l).... ="'(1) ....... (l)ccz z~o Ou.Q VO~ QzU. wo'" (1)...= Ot-W nocc> OV =0 no... ..... I/) iii 'It z ~ A. ILl t- .... fI) PROPOSED SITE ARTIST'S RENI).ERIN(;< " ,;- ~,,-",' _>....,:.:.::,>'""c'. ; _/.-....,... _' ."d';,_,;;.'" ,.. . - . . .. ,,'..,' '," - -- ... ~~ " '"".- ";;.".,-..,. .',:. ...... . ............ -",.;,..,:::)... :-:".-.'-,':',-:';<>' PRIN0E OF PEA0E Agenda It ' 11 COLUMBARIUM ELEVATIONS NICHElMEMORIAL WALL SCALE 3/4 =1'-0'" ,. [].... : : , , , , i i ! ! Split-ribbed CMU 54" 16x8x8" or 16x8x4" . 1/4 split-ribbed CMU 4x8x8" or 4x8x4" FLOWER BED (Details to be provided) Concrete cap 4" high, 26" deep (typ) , ',' ,! l' i i I,'", :~".: !. f. I ~ 4" i l 16" 1 '; 1. i ; 4'-0" (Exact 32'" ! ! ~ ~ i i -1 i ~. I :!.: 'I,: ~ ! . l.~ 8" ,;:; ~,,;~ if ~ t t i .; t- - ,. 4' - 4" (52") . 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(f.l E! .... .J:: e :::l .J:: U DISCLOSURE STAII?MEN~,'>: PRINCE OF PEACE Agenda IterP .11 Page 9 Item # 11 Prince of Peace Lutheran Church Conditional Use Permit 424 Kings Grant Road District 5 Lynnhaven March 14,2007 CONSENT Barry Knight: The next item slated for the consent agenda is item 11, Prince of Peace Lutheran Church. An application of Prince of Peace Lutheran Church for a Conditional Use Permit for a columbarium on property located at 424 Kings Grant Road, pi strict 5, Lynnhaven District, with two conditions. Welcome sir. Doug Rosenvinge: Thank you. I'm Doug Rosenvinge, Pastor of Prince of Peace Lutheran Church. Again, like everyone else, we appreciate being put on the consent agenda. We hope this will enhance our ministry. Barry Knight: Great. You've read and agree to the two conditions? Doug Rosenvinge: The two conditions are fine. Barry Knight: Thank you sir. Is there anyone here today that opposes agenda item 11, Prince of Peace Lutheran Church being placed on the consent agenda? Thank you. Ms. Dot Wood, would you please explain this one? Dorothy Wood: I'll be happy to. The Comprehensive Plan designates this area as a 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 the aesthetic quality of our stable neighborhoods. The Conditional Use Permit for the columbarium is acceptable. The proposed location is inconspicuous from any rights-of-way and adjacent residences. The project's design will blend with the building materials of the existing church and will appear as a decorative wall or fence as one passes by. In conjunction with the project, a meandering walkway with landscaping will enhance the property. The staff recommends approval and we think it is a very good project and happy to put it on our consent agenda. Barry Knight: Thank you Ms. Wood. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 11 with two conditions. '-- Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. Item #11 Prince of Peace Lutheran Church Page 2 ANDERSON BERNAS CRABTREE HENLEY HORSLEY KA TSIAS KNIGHT LIVAS REDMOND STRANGE . WOOD AYE 9 NAY 0 ABSO ABSENT 2 ABSENT AYE AYE AYE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 11 for consent. c:::=- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of T-Mobile Communications CAP Operations, L.L.C. for a Conditional Use Permit for a communications tower on property located at 4300 Pembroke Boulevard (GPIN 1478826460). AICUZ is Less than 65 dB Ldn. DISTRICT 4 - BA YSIDE MEETING DATE: April 24, 2007 . Background: The applicant requests a Conditional Use Permit to allow construction of a wireless communications tower and related equipment on the site of an existing recreational facility. The proposal is located on property of the Pembroke Meadows Swim Club owned by the Civic League of Pembroke Meadows. This site was selected after an extensive search in the area and after the Department of Public Utilities determined the water tank located off Wishart Road did not have adequate area to accommodate the support facilities. . Considerations: The proposed monopole tower will be 120 feet in height with flush-mounted antennas located at 117 feet. The tower will provide for two additional carriers to use the pole as co-locators. An unmanned communications equipment shelter will be located at the base of the tower. This shelter will be brick with a pitched roof to complement the existing building. The entire lease area will be encompassed by a decorative wood privacy fence, six feet in height with an access gate. The communications tower has been designed to accommodate up to three (3) antennas. As required by Section 232 of the City Zoning Ordinance, the applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. . Since the property abuts residentially zoned property and is on a residential site, Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower. This would require the property line to be 132 feet away from the tower. The closest property line appears to be approximately 138 feet from the tower. T-Mobile Communications CAP Operations, L.L.C. Page 2 of 3 Section 232 also specifies that no communication tower may be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this application, the provision would require that the tower should be at least 150 feet from any residential structures. The existing base of the Dominion Virginia Power tower is shown as 203 feet and 7 inches from the nearest residential dwelling. The Planning Commission placed this item on the consent agenda because they concluded it is an appropriate site for this use, the proposal meets the standards in the Zoning Ordinance for communication towers, and there was no opposition to the request. .. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The tower shall be constructed substantially as shown on the site plans entitled "T Mobile Northeast. LLC Pembroke Meadows RL VA 50519-B", prepared by Allpro Consulting Group, Inc., dated 08/15/06 Final. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower including antennas shall not exceed 120 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department .of Communications and Information Technology (GOMIT), 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 communic~tions facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use 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 immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas and their supporting tower and related equipment. 7. 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 T-Mobile Communications CAP Operations, L.L.C. Page 3 of 3 ' beyond the antenna type shown in the submitted plan 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. . 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 j(... ~~ T-MOBILE COMMUNICATIONS CAP OPERATIONS LLC Agenda Item 15 March 14, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Communications tower ADDRESS I DESCRIPTION: 4300 Pembroke Boulevard (Pembroke Meadows Swim Club). GPIN: 14788264600000 COUNCIL ELECTION DISTRICT: o - BA YSIDE SITE SIZE: Total Site - 3.2 acres Tower area - 1,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow construction of a wireless communications tower and related equipment on the site of an existing recreational facility. The proposed monopole tower will be 120 feet in height with flush mounted antennas located at 117 feet. The tower will provide for two additional carriers to use the pole as co-locators. An unmanned communications equipment shelter will be located at the base of the tower. This shelter will be brick with a pitched roof to complement the existing building. The entire lease area will be encompassed by a decorative wood privacy fence, six feet in height with an access gate. This proposal is located on property of the Pembroke Meadows Swim Club owned by the Civic League of Pembroke Meadows. This site was selected after an extensive search in the area and after the Department of Public Utilities determined the water tank located off Wishart Road did not have adequate area to accommodate the support facilities. LAND USE AND ZONING INFORMATION SURROUNDING LAND EXISTING LAND USE: A private recreational club is located on this site. North: · Single-family homes I R-20 Residential District T-MOBILE COMMUNICATIONS Agenda Item 15 Page 1 USE AND ZONING: South: . Across Pembroke Boulevard and the water are single-family homes / R-1 0 Residential District . Single-family homes / R-20 Residential District . Single-family homes / R-20 (Open Space) Residential District East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is developed with a clubhouse, outdoor pool and parking areas. There are mature trees along the southwest section of the property. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS . Oceana. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The communications tower has been designed to accommodate up to three (3) antennas. As required by Section 232 of the City Zoning Ordinance, the applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Since the property abuts residentially zoned property and is on a residential site, Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower. This would require the property line to be 132 feet away from the tower. The closest property line appears to be approximately 138 feet from the tower. Section 232 also specifies that no communication tower may be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this application, the provision would require that the tower should be at least 150 feet from any residential structures. The existing base of the Dominion Virginia Power tower is shown as 203 feet and 7 inches from the nearest residential dwelling. It is staff's opinion that this proposal would provide a needed service to the community, is not intrusive to the visual aesthetics of the community, and meets the criteria for tower location specified in Section 232 of the City Zoning Ordinance. The recommended conditions are provided below. CONDITIONS 1. The tower shall be constructed substantially as shown on the site plans entitled "T Mobile Northeast. LLC Pembroke Meadows RL VA 50519-B", prepared by Allpro Consulting Group, Inc., ~aJE:!.diQaz1.5/06 , 'n ," C'~ .: _ ,,-. .. . ,~_:,"" '. .".... " ....-... '.~". ..:. -'-". ... ""-, -:"""':>.. ,':.::",:..>:..-.: T -MOBILE COMMUNICATIONS Agenda Ite. 15. 2 Final. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower including antennas shall not exceed 120 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. 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 tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use 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 immediately cease operation to the extent necessary to stop the interference. 6. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the antennas and their supporting tower and related equipment. 7. 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 submitted plan 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. 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. ;""'> " <<^ ~ ^ .'^ c T-MOBILE COMMUNICATIONS Agenda Item 15 Page 3 AERIAL OF SITE LOCAtiON>>, T -MOBILE COMMUNIQATI ;~genda It~ ..~. ':. ',,- ,/ /' ',,- " ;/ " /;'-, . \ 11"/1 '.............. / J; I ' , 1\,' "-" / I' " ~ " " , 1, l: ',/ I " ',~ i' "'-, . ,II' \, 10 I' " '---- g / " "', a: I,',' I ,,--/------,,, "-'--.!... I ',- " - I,' , ~:./,,, \'\ , // ... , I I, '- /1,',1 J!qJ,.../..... " , ,/ P";, ,I ;'/' l' i I ,// II',':' , ' , / ,I 11',i' , , I ,,1 I/l " / I ,1;,// \)~"'.J .../ ~ ,-- ./ if} p "-, , , / .<:D --- ------... " I , , --------------.../ ~ ~~ lsz ~~ ~ "'" , /" , , .\.... c ~Ig G f,=!!um '\ '\ I~ ~ ~,.!;leea E~ ~ !!I~::: " ',./ gi!~== \ \, ~5<-...) \ i'!!'"" , t1~~/' ".. , , / ~ " 1:)" I <l;-' . , . 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(P) \20' HlCH Il~OPCU: W/lH [P) CANlS1tR 1l0lM AT 117 RAIl CENTER rOR (1) .~ P(R SECTOR SEC1O! A. G" AZ. 0 117' RAIl CEHlER SECTOR II. 120' AZ. 0 117' RAIl CENlER SECTOR C. 2<!O A2" 111 RAD CENlER (P) 120' HIGll UONCJlOl..E (CESlGf:I.BY 01HalS)' 2(P) UQiTSTO Rll'LACEElOSTING (E) UGIlTPW: TOIlE RellMD TOWER ELEVATION LOOKING NORTHEAST SCAl.E: I/S""'l' Q PROPOSED ELEVATION." .. >,....,.".......", o erations, LLC w. 1 12/13/94 Modification of Conditions Denied 07/05/88 Subdivision Variance Granted 2 06101/87 Subdivision Variance Granted ZONING HISTORY .~, :~'{'" ,,'<'" "'. '\ ' :~< t,:..' \''"' ~w- ""_'<'~'_: .,~ i',.,.,,::;~ >".....,-,-' '. ", r-,_ _;:_ ,':':" '" ,,' -.", T-MOBILE COMMUNIGATI ~Agt3nda Ite hi ~ lIJ ~ t; lIJ IX ::I tt) 9 u tI) o t1i$ lD~ c....." elL '~ Q ~~g' ".<<t- "Q~ ~..", C:41<tl ~ ,;g '~ 5's "'-ill 1i! J;;l"", ~]! ~li- !il' lll_ o<i! c:j-- :>_j~ ~o'E i .,.I:~", - g~~B ~l~'~ { <.. 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C< "". 5 ;; '1:l ~ C n ~ I ~ I I t I C ! t ~ I ~ :'4 J~ .. :ii I "c Z is a ~ ,a> C ~ ~~ e :<~ 7i c 0' q; I Zii "'" ~ ,.,.. ;~~ '~,'~:: il: g ~~ t g ~ 8- 3 'l! \..- i] Vi s: ~! ~~ C 8:~ "'- ttll':' ..g, :R _I%- ., - ;. 7= .,,;S il! n'; o ~ DISCLOSU RE ST J:\JefilrEN"t;.c / '.,"'Y;'''.'''/'' ",,^). '>,~ .' ,-""'-": "'-;,.::. T-MOBILE COMMUNICATIONS Agenda Item 15 '.: Pag~9 Item #15 T -Mobile Communications CAP Operations, L.L.c. Conditional Use Permit 4300 Pembroke Boulevard District 4 Bayside March 14,2007 CONSENT Barry Knight: The next item for the consent agenda is item 15, T-Mobile Communications CAP Operations, L.L.c. An application of T -Mobile for a Conditional Use Permit for a communications tower on property located at 4300 Pembroke Boulevard, District 4, Bayside District, with seven conditions. W'e1come Bill. Bill Gambrell: Thank you. Mr. Chairman and members of the Planning Commission, my name is Bill Gambrell. I represent the applicant T-Mobile in this request. We definitely enjoy being placed on the consent agenda. The conditions are all acceptable. Barry Knight: Thank you sir. Is there anyone here today that object to this item being placed on the consent agenda? If not, Mr. Dave Redmond, would you please explain this one? David Redmond: Mr. Chairman, the applicant T -Mobile Communications is requesting a Conditional Use Permit to allow construction of a wireless communications tower and related equipment on the site of an existing recreational facility. The tower itself will encompass about 1,000 square foot area of an approximately 3.2 acre site in Pembroke Meadows. An unmanned communications equipment shelter will be located at the base of the tower. This shelter will be brick with a pitched roof to complement the existing building. The entire lease area will be encompassed by a decorative wood privacy fence, six feet in height, with an access gate. The proposal is located on property of the Pembroke Meadows Swim Club, and was selected after an extensive search of the area. It is well secluded. It complies with all applicable city codes: The Commission is unaware of any opposition to the proposal. The Planning staff supports this application. Accordingly, the Planning Commission believes this agenda is most appropriate for the consent agenda. Thank you Mr. Chairman. Barry Knight: Thank you Mr. Redmond. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 15 with seven conditions. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is I . a second by Mr. Horsley. I'll call for the question. Item #15 T -Mobile Communications CAP Operations, L.L.c. Page 2 AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT KNIGHT AYE LIV AS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: Bya voleu[ 9-0, the Board has approved item 15 for consent. c:=:... Cup for Vvildfife Rehabilitator CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Carol Case for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility on property located at 113 Matt Lane (GPIN 2407743456). AICUZ is Greater than 75 dB Ldn (Accident Potential Zone 1). DISTRICT 6 - BEACH MEETING DATE: April 24, 2007 . Background: The applicant requests a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals. The applicant was granted a Use Permit in 2006 for a Home Occupation to allow her use of the site for wildlife rehabilitation. The City Council, however, granted the Use Permit for six months, instructing the staff to work with the wildlife rehabilitators in the city and the SPCA to (1) develop an amendment to the City Zoning Ordinance that addresses this use and (2) to seek a site in an appropriate area of the city for a permanent wildlife rehabilitation facility where animals could be transferred to and cared for. Since that time, Staff has met with the rehabilitators and the SPCA, and an amendment to the City Zoning Ordinance has been developed and is proposed as a separate item on the same agenda as this Use Permit request. Additionally, Staff has been searching for a site for a permanent facility, and believes that one of the sites in the Interfacility Traffic Area (ITA) identified for potential acquisition could satisfy that need. Private sector funding for development of the facility is, however, needed. . Considerations: The applicant has been a rehabilitator for more than five years, and is licensed through the State of Virginia, Department of Game and Inland Fisheries. The applicant is also associated with the Virginia Beach SPCA Wildlife prog'ram. The applicant specializes in the rehabilitation of ducks, geese, squirrels, opossums, and occasionally rabbits. There are no set days or hours of operation. The SPCA brings animals to the applicant daily, and the general public brings animals at various times of the day. The peak season is April through August. Most animals are contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. The pens and aviary all have hay bedding, which is cleaned out once a week with spot cleaning of excess droppings at least every other day. The ponds are Carol Case Page 2 of 3 drained and cleaned weekly, and chlorinated to reduce the potential for odors and mosquito breeding. The applicant provides this service on a strictly volunteer basis. She has no employees. She does not expect to increase the number of pens and cages beyond the number that currently exists. The proposal, with the conditions below, is compatible with the adjacent residential neighborhood and the business areas. The applicant is licensed by the State of Virginia as an animal rehabilitator. She provides a valued service to the community. The conditions recommended below are consistent with the standards contained in the proposed Zoning Ordinance amendment and will ensure minimal impact of the use on the surrounding residential area. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this 'request with the following conditions: 1. All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the R-5D Residential District, provided that cages or other wildlife confinement areas shall not occupy more than a total ot20% of the backyard. Structures in which animals are confined shall not exceed eight (8) feet in height. 2. A five-foot (5'-0") wide organic mulch planting bed four to six inches (4" - 6") in depth along the perimeter of the activity shall be provided and the planting beds shall be enhanced with landscape plantings. 3. All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the Zoning Administrator to be detrimental to the community health, safety and welfare. 4. Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. 5. The applicant shall hold a valid Category I or Category II A or B Wildlife Rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the applicant intends to continue rehabilitation of such birds. 6. Only species for which the applicant holds current state and federal permits shall be kept in such a facility for more than twenty - four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate Wildlife Rehabilitation Center or a Home-Based Wildlife Rehabilitation Facility where long-term care is permitted within twenty Carol Case Page 3 of 3 - four (24) hours of receipt of such animal. 7. The applicant shall not keep a greater number of animals at anyone time than those for which the applicant maintains adequate caging as required by the applicable state or federal permit or permits held by the applicant. 8. Removal of dead animals shall be conducted in accordance with the provisions of Section 5-14 of the Code of the City of Virginia Beach. 9. There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphan'ed, or displaced wildlife. 10. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the use needs additional consideration, based upon complaints or noncompliance with the conditions, the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. . . 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~ k.. .~~ REQUEST: CAROL CASE Agenda Item 21 March 14, 2007 Public Hearing Staff Planner: Faith Christie, Stephen J. White, and Clay Bernick Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility ADDRESS I DESCRIPTION: Property located at 113 Matt Lane GPIN: 24077434560000 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 8,064 square feet The applicant requests a Conditional Use Permit for a Home- Based Wildlife Rehabilitation Facility to care for injured and orphaned wildlife animals. The applicant was granted a Use Permit for a Home Occupation to allow her use of the site for wildlife rehabilitation. The City Council, however, granted the Use Permit for six months, instructing the staff to work with the wildlife rehabilitators in the city and the SPCA to (1) develop an amendment to the City Zoning Ordinance that addresses this use and (2) to seek a site in an appropriate area of the city for a permanent wildlife rehabilitation facility where animals could be transferred to and cared for. Since that time, Staff has met with the rehabilitators and the SPCA, and an amendment to the City Zoning Ordinance has been developed and is proposed as a separate item on the same agenda as this Use Permit request. Additionally, Staff has been searching for a site for a permanent facility, and believes that one of the sites in the Interfacility Traffic Area (ITA) identified for potential acquisition could satisfy that need. Private sector funding for development of the facility is, however, needed. SUMMARY OF REQUEST The applicant has been a rehabilitator for more than five years, and is licensed through the State of Virginia, Department of Game and Inland Fisheries. The applicant is also associated with the Virginia Beach SPCA Wildlife program. The applicant specializes in the rehabilitation of ducks, geese, squirrels, opossums, and occasionally rabbits. There are no set days or hours of operation. The SPCA brings animals to the applicant daily, and the general public brings animals at various times of the day. The peak season is April through August. Most animals are contained outdoors in the rear yard. Some baby animals and birds are housed indoors. The number of animals varies from month to month. The pens and aviary all have hay bedding, which is cleaned out once a week with spot cleaning of excess droppings at least every other day. The ponds are drained and cleaned weekly, and chlorinated to reduce the potential for odors and mosquito breeding. The applicant provides this service on a strictly volunteer basis. She has no employees. She does not expect to increase the number of pens and cages beyond the number that currently exists. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: . Duplex dwellings / R5-D Residential . Single-family dwelling / R-5D Residential . Matt Lane . . Across Matt Lane is a bulk storage facility / B-2 Business . Duplex dwellings / R-5D Residential West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is landscaped with mature trees and shrubs. There are no significant natural resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and an Accident Potential Zone (APZ) 1 surrounding NAS Ocea,na. The requested use is compatible with airfield operations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Matt Lane is a residential street. There are no plans for improvements to the street. WATER and SEWER: This site is connected to City water and sewer. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Primary Residential Area. The land use planning principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods located in the area. AC.~" < ,~<.' '__''--' """'_"_"_'_.. _.._.,,',.,_:' :,c'_:__.....,.::.:;' ,CAROL CASE Agenda It 21. . . 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Staff concludes that the proposal, with the conditions below, is compatible with the adjacent residential neighborhood and the business areas. The applicant is licensed by the State of Virginia as an animal rehabilitator. She provides a valued service to the community. The conditions recommended by staff below are consistent with the standards contained in the proposed Zoning Ordinance amendment and will ensure minimal impact of the use on the surrounding residential area. CONDITIONS 1. All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the R-5D Residential District, provided that cages or other wildlife confinement areas shall not occupy more than a total of 1,612 square feet of the lot. Structures in which animals are confined shall not exceed eight (8) feet in height. 2. A five-foot (5'-0") wide organic mulch planting bed four to six inches (4" - 6") in depth along the perimeter of the activity shall be provided and the planting beds shall be enhanced with landscape plantings. 3. All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the Zoning Administrator to be detrimental to the community health, safety and welfare. 4. Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. 5. The applicant shall hold a valid Category I or Category II A or B Wildlife Rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the applicant intends to continue rehabilitation of such birds. 6. Only species for which the applicant holds current state and federal permits shall be kept in such a facility for more than twenty - four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate Wildlife Rehabilitation Center or a Home-Based Wildlife Rehabilitation Facility where long-term care is permitted within twenty - four (24) hours of receipt of such animal. 7. The applicant shall not keep a greater number of animals at anyone time than those for which the applicant maintains adequate caging as required by the applicable state or federal permit or permits held by the applicant. 8. No animal shall be kept at the Wildlife Rehabilitation Facility for more than sixty (60) days. 9. Removal of dead animals shall be conducted in accordance with the provisions of Section 5-14 of the Code of the City of Virginia Beach." ~"'" ", <~.: ... .. "',,_,"_'C'_:._-' , .. "'.. ' _.... ,.,0.. ._....__.....:._._ C '-',-.,.J .... ,._...... . ___......_ , eAROl eASE Agenda Item.21 . ..P?g~ "3 10. There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. 11. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the use needs additional consideration, based upon complaints or noncompliance with the conditions, the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ... '^.', " ~--.>.-." /.BAROL CASE ~gEmda It. .21 4 AERIAL OF SITE LOCATION ',- j(;."',"";;"""^' , .."",""'-.,.-...-.-, ~~ ,^ ,.;.,'." ~. J ~ 9-1- wcTo. IS' /NSlOEt 72. STOCXAl!E FENCE () ~ .186' ....,S' LOT 92 ftJ/j 6.1 ~ r-, I ~.~ C'l:.~ JO.I0' I I.J.JIE 'TfJ ~6A:C. ~~ 91. 11/2 STY FR, '" .... f ,,~ K:;l>1NYL ~~ ~ C)~ li,) 1 ~ ~ ,.r~o~ 50.0' S 02'21' E -'26.'7' MATT LANE FLopQ lNFORMAilON' THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE 'X. (OUTSIDE) (AR OETE~MINED TO BE OUTSIDE 500-YEAR FLOoo PlAIN} j.s SHOWN ON F.E.MA'S FLOOO INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY Of .VlRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0032E DATED DECEMBER 5,1996. NOTES. WILFRED P. LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS fOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERlY WILL OR WILL NOT BE SUBJECT TO FLOODING, FOR FURTHER INFORMATION, CONTACT THE LOCAl COMMUNITY FlDOO OFFICIAL. THIS stiRVEY WAS PERfORMED Wn:HOUT THE BENEFIT OF A ,TITLE REPORT AND IolAY NOT SHOW ANY/ALL EASEMEN1S DR RESTRIC110NS THAT MAY AFFECT SAID PROPERTY PS SHOWN. \i~ WL SUJMmNG-ENGINIIRING PLANNING .. 2.44 MUSTANG TRAIL - SUiTE 6 VIRGINIA BEACH. VIRCINIA i1t \~~~\ ~~;:~~~~ PHYSICAL SURVEY OF LOT~92 PLAT "B" OF AIlDmONAL LOTS WEST OCEANA GARDENS PLAT RECORDED INM~B. 34., PG.4.9. IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA 'or CAROL ANN KING SCALE: 1"= 20' BOROUGH, LYNNHAVEN F.B. 563 PG. 16 SITE SURVEY c",~ <:.cJ . CAROL CASE Agenda Item 21 . Page 6 , ".,' c' ...,....,> PHOTOGRPAH OF REAR YARD ,_. '::, '::"', ,', ," ,:,,:~ ,:(: .,'~'" ~ ~,,~"-'" ' ,;.-. ~~:;!,: '.:' ~,,' CAROL CASE Agenda Item 21 . . 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DISCLOSURE STATEMENT " <<..".... " ,....".,-'" 13 <<CAROL CASE Agenda Ite' .'. 21. 9 .. ',',~ Item #21 Carol Case Conditional Use Permit 113 Matt Lane District 6 Beach March 14, 2007 REGULAR Joseph Strange: The next application is agenda item 21, Carol Case. An application of Carol Case for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation . Facility on property located at 113 Matt Lane, District 6, Beach, with 11 conditions. Barry Knight: Welcome ma' am. Please state your name for the record. Carol Case: Good afternoon. I'm Carol Case. I'm here before you to apply for the Conditional Use Permit for a continuance thereof. I've gone through all the conditions that have been set forth, and I have met and will adhere to all conditions 1 through 11. I am under the understanding that condition #8 will be changed to meet the ordinance to the 180 days instead of the 60 days. I've been informed that there have been no other complaints since the last time I was before you. I've spent several days cleaning out. I believe there was an issue of some clutter in my backyard, which has been cleaned up. I have a few other things that will be taken of by the time trash is picked up next week. I have plantings that will be delivered to me within the next two weeks that will meet your approval, and that will exactly help and maybe even conceal some of the pens that are in my backyard to make it a little more pleasant for the neighborhood. I have reduced all my petting and caging to meet the 20 percent 9r less of my backyard. Barry Knight: Thank you. Are there any questions? Mr. Crabtree? Eugene Crabtree: I've got a couple of questions. Of course, you were at the meeting that I was when we did this. The ordinance says that 20 percent of your property can be used for cages. I was under the understanding that met that 20 percent of the backyard, 20 percent of the house, 20 percent of the front yard. If we were to take 20 percent of your entire property, it would give you scabs and scabs of animals. Carol Case: Honestly sir, with what I have, I would be within 20 percent of my backyard. Eugene Crabtree: Your backyard, if I calculate it right from looking at this, is approximately 840 square feet, somewhere in there and maybe 900 square feet in the backyard. This would give you, depending on what animals. Are you still just ducks, geese, squirrels, possums and sometimes rabbits? Carol Case: Correct. Item #21 Carol Case Page 2 Eugene Crabtree: Are those the things that you are licensed for by the State? Carol Case: Yes sir. Eugene Crabtree: Okay. So, that means that those are the only ones. Ijust wanted to clarify. Condition #1 says that a total of 1,612 square feet is 20 percent. That is 20 percent of your total lot? That is not 20 percent of your backyard. I would like to have that condition amended to say that 20 percent of the backyard, which is approximately 900 square feet. I think that would fit in real good with what you're doing. Carol Case: Yes. I am underneath that right now with what I have done. Eugene Crabtree: Yes ma'am. Ijust wanted to clarify that because the other numbers come out to be horrendous. Like 179 cases for ducks if you were to have nothing but ducks if you used the entire area. Carol Case: I don't have the time. Eugene Crabtree: Also, last year, when City Council granted you the permit, one of the things that they said was that working with City that the wildlife rehabilitators would try to find a source for a wildlife rehabilitation center. That would be one of the things that they would be looking for. I don't know whether or not we addressed this totally or not. Have you looked, or has the ASPCA researched, the feasibility of getting a larger center than in eastern Virginia? I understand that there hasn't been anything not been done on that yet, yet City Council said that they wanted it done. I'm a little concerned with that. I would like to see the rehabilitators get together and pursue this a little bit more diligently than what has been done in the past. Other than that, I think those are my only comments. That is the only thing that I have. Barry Knight: Are there any other questions of Ms. Case at this time? Thank you ma'am. Mr. Strange? Joseph Strange: We have one person speaking in opposition; E.M. Raines. (E.M. Raines not present). Barry Knight: That is all the speakers. I'll open it up for discussion or a motion. Mr. Crabtree, I'm going to put it on you. Eugene Crabtree: I just about said what I wanted to. Barry Knight: The Chair will entertain a motion from Mr. Crabtree. Eugene Crabtree: I will make a motion that we approve it with the changes in the conditions as so stated. Item #21 Carol Case Page 3 Barry Knight: Okay. So change in condition #1 is 20 percent of her backyard, which is approximately 900 feet, and you would like to delete condition #8 because that is already covered. Eugene Crabtree: That is covered in the state laws. Yes. Barry Knight: A motion on the floor? Do I have a second? Dorothy Wood: I'll second it. Barry Knight: A motion on the floor by Gene Crabtree and seconded by Dot Wood. Is there any further discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIV AS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved the application of Carol Case with the change in condition #1 and the deletion of condition #8. '=" Sample of recommended release ages for mammals native to Virginia: American beaver- 2 years Bat- 5 months Eastern Cottontail- 5-7 weeks Grey or Red Tree Squirrel- 14 weeks Fox- 4-5 months Mink/weasel- 3 months Muskrat- 3 months River otter- 4-6 months Raccoon- 4-6 months Southern Flying squirrel- 14 weeks White tailed deer- 4-5 months W oodchuck- 11-12 weeks Conclusions of the survey of wildlife centers in the United States . Centers receiving less than 500 wildlife cases in a year were home based and one third of those transfer to other home based rehabilitators . Centers receiving 500 to 3000 wildlife cases yearly all used home based rehabilitators . Centers receiving 3000-6000 wildlife cases yearly used home based rehabilitators with the exception of two who had large numbers of daily volunteers . Wildlife transfers ranged from 25%-75% of their patient load depending on the species. Small mammals and small birds were transferred jn higher numbers . The Wildlife Center of Virginia refers many calls directly to home based rehabilitators as well as transfers orphans to them. Amanda Nicholson responded ". . . . while we take in hundreds of orphans a year, we would not be able to take care of all of them without transferring them to a home based rehabilitator. At home rehabbers are able to care for small orphans around the clock-something we can't do at the center. For tiny newborn animals, this is essential !" i '~ . The Willowbrook Wildlife Center is among the larger centers that does not transfer to the home based rehabilitator. However, they stated ""The home based rehabilitator is extremely important. We rely on the home based operations as a referral for species of animals that we do not treat at our center." . The Paws Wildlife Center stated "we tend to transfer some of the more delicate species. We feel those species will do better with the one-to-one care provided by the home based rehabilitator." . Several Wisconsin wildlife centers including the Wisconsin Humane Society Wildlife Center stated that the home based rehabilitator is "critically important to our wildlife rehabilitation program! We could not handle anywhere near the number of animals people in our community bring to us for care if we did not have home based rehabilitators able to take some of our animals!". Another center stated, "we have found that the critters raised by our home based volunteers become wilder faster." B-2 (4) .. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Sandler at Brenneman Farm, L.L.C. for a Modification of the Brenneman Farm land Use Plan to change the designated land use from carriage homes to two-story attached dwelling units. Property is located at the southeast terminus of Brenneman Trail (GPIN 1476715481). AICUZ is less than 65 dB ldn. DISTRICT 2 - KEMPSVillE MEETING DATE: April 24, 2007 . Background: The request is for a Modification to the PD-H2 Land Use Plan approved by the City Council on September 9, 2003, for the former Brenneman Farm property adjacent to the new portion of S. Plaza Trail between Princess Anne Road and S. Independence Boulevard. The requested modification is to change the type of housing from carriage homes to two (2)-story townhomes. No change in number of units is proposed. Condominium Parcel C, as identified on the original plan as the location of the carriage homes, totals 17.8 acres. Access is provided from the Brenneman Trail right-of-way. The existing proffers limit the number of dwelling units to 128. The request is to replace 53 of the units with two (2)-story townhouse units, similar to townhouses constructed on Parcel A to the west. . Considerations: Proffer 1 of the 2003 application requires the development to follow the Brenneman Farm Development Manual dated July 18, 2003, which depicts carriage homes on the parcel in question. While the applicant is satisified with the carriage homes, the modification is requested because the homes are not selling as well as anticipated. Since the models have opened in July, 2006, only 13 units have sold. According to the applicant, this is primarily due to the price point, which is directly related to the square footage of the units. The square footage range of the three (3) story carriage homes is 2,413 square feet to 2,839 square feet of heated living space. ' The Planning Commission placed this item on the consent agenda because the request results in no increase in density, the quality of the proposed dwelling type is equivalent to the originally approved type, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request, as proffered. Sandler at Brenneman Farm, L.L.C. 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 . City Manager: ~ \L. bfj1SO'z... . ~. REQUEST: Modification of the Brenneman Farm Land Use Plan to change the designated land use from carriage homes to two-story attached dwelling units. 8-2 (~] SANDLER AT BRENNEMAN FARM, LLC Agenda Item 12 March 14, 2007 Public Hearing Staff Planner: Carolyn A. K. Smith ADDRE$S I DESCRIPTION: Property is located at the southeast terminus of Brenneman Trail, east of S. Plaza Trail. GPIN: 1476715481 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 12,000 square feet The request is for a Modification to the Land Use Plan to change the designated land use from carriage homes to two (2)-story town homes. No change in number of units is proposed. A Conditional Rezoning to A-12 with a PD-H2 overlay was approved by the City Council on September 9, 2003. The Conditional Rezoning has fifteen proffers: SUMMARY OF REQUEST PROFFER # 2 The Land Use Plan of Brenneman Farm, referenced above, shall be revised and adopted as shown on the exhibit entitled "Proposed Zoning Plan," dated July 18, 2003, as contained in the four part, multi-page document entitled Brenneman Farm Development Manual dated July 18, 2003, which publication has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach (hereinafter the "Manual"). Prior to the issuance of any final occupancy permit on any residential units on the Property, Grantor shall substantially complete and bond roadway improvements to South Plaza Trail providing for two additional full vehicular traffic lanes (one in each direction) for traffic between South Independence Boulevard and PROFFER # 1 /:.:.,::::"",,;_;,'c_, ""..':;:; ""-,,, ">'; SANDLER AT BRENNEM~NFARM,iLC AgEmdalte,~12 . 8~g~1. 'w'o' .' ,.,,--'" PROFFER # 3 PROFFER # 4 PROFFER # 5 PROFFER # 6 PROFFER # 7 PROFFER # 8 PROFFER # 9 PROFFER # 10 PROFFER # 11 Brenneman Trail. The perimeter and interior landscaping, fencing and signage on all portions of the property adjacent to public rights-of-way shall be developed and constructed substantially as depicted in Section 4 of the Manual. The areas of the Property depicted as lakes, buffer areas, open space and recreational areas as shown on the "Conceptual Development Plan" in the Manual shall be used for those designated purposes. The area identified on the "Propos.ed Zoning Plan" as proposed "PD- H2 Luxury Multi-Family 20.0:t AC" as contained in the Manual shall be developed as multi-family units and the total number of dwelling units shall not exceed 304 units. The multi-family units, clubhouse and garage units constructed within the aforesaid area shall be constructed in a manner substantially as depicted in Section 3 of th~ Manual. No structure located within the area defined as "Luxury Multi-Family" as shown on the Conceptual Development Plan within the Manual shall exceed four-stories or sixty feet in height. The structures located within one hundred feet (100') of a public-right-of-way, shall not exceed forty-five feet (45') in height and no fencing adjacent to a public right-of-way shall exceed five feet (5') in height (with the exception of any fencing around tennis courts which height shall not exceed twelve feet). Except as set forth herein, this portion of the Property shall be developed in accordance with the design criteria set forth in Sections 602, 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on this date. The areas identified as Parcels A, Band C on the Conceptual Development Plan within the Manual, shall be developed substantially as depicted on the Conceptual Development Plan. The architecture, building materials and external features of the condominium units constructed on Parcels A, Band C of the Property shall be substantially as depicted by the elevations contained in Section 2 of the Manual. The number of units constructed on Parcels A, Band C of the Property shall not exceed four hundred eighteen (418). A 25 foot wide restoration area along South Plaza Trail, adjacent to Condominium Parcel A, shall be installed as indicated in Section 4 of the Manual. After initial clearing ofthe site, the applicant shall contact the Planning Department to schedule a review of existing vegetation within the restoration area. During this review, it will be determined where additional plantings shall occur to provide a Category IV-type screen within the restoration area. A "Restoration Plan" shall then be submitted to the Planning Department, prepared by a certified landscape professional, that will provide a survey of existing trees to remain by species and caliper as well as a depiction of proposed shrubs and trees identified by species, height and caliper at time of planting. The proposed vegetation shall be a mix .,.-.- ~~,.,., A, ,,_ . ,.- >. '.'~. -,',,,,,,,: -', ..... .,........;..... :,-,','",.'-;",:,\,", .,.-' -..," , ,- -",' -,:;---",:\ "',":':":'-"""" .,- SANDLER AT BRENNEMAN FARM,lLC Agenda It 12 2 PROFFER # 12 PROFFER # 13 of evergreen and deciduous species. The trees shall be installed with a minimum caliper of 1 Y2 inches at the time of planting and spacing appropriate for the species. The Restoration Plan shall be approved by the Planning Department prior to issuance of a Certificate of Occupancy for any of the units within Parcels A, Band C. Except as provided below, Parcels A, Band C of the Property shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved. Site Data and Development Criteria Site Area, Use and maximum allowable units: . Parcel A 13.8 Acres T ownhomes . Parcel B T ownhomes . Parcel C Carriaae Homes . Total Units 125 2-Story 29.97 Acres 165 3-Story 128 3-Storv 418 Total 17.8 Acres 61.57 Acres REQUIRED BUILDING SETBACKS CARRIAGE HOMES . Front yard setback - from face of curb/private street: 20 feet . Side yard setback adjacent to a private street from face of curb: 10 feet . Side yard setback from exterior property line: 10 feet . Minimum distance between buildings side to side: 12 feet . Rear yard setback from exterior property line or private street: 10 feet . Minimum distance between buildings rear to rear: 20 feet . Lot coverage building footprint: 45 percent . Maximum building height: 40 feet 2 AND 3 STORY TOWN HOMES . Front yard setback - from face of curb/private street: 20 feet . Side yard setback adjacent to a private street from face of curb: 10 feet . Side yard setback from exterior property line: 10 feet . Minimum distance between buildings side to side: 15 feet ",';':'~'..,,2: A;..t ,~' -, c-;...., ._.,," _..'c..... ,'-' "f>-,.."-' SANDLER AT BRENNEf\1~iFARM,i'IL6 ~genda..lt~~,t2 ~~~~\~ PROFFER # 14 PROFFER # 15 . Rear yard setback from exterior property line or private street: 10 feet · Minimum distance between buildings rear to rear: 20 feet . Lot coverage building footprint: 40 percent · Maximum building height: 35 feet (two story unit), 40 feet (three story unit) PARKING REQUIREMENTS A minimum of 2 off street parking spaces shall be provided for each unit. Garage parking shall be utilized to meet parking requirements. PRIVATE STREET / LANE WIDTH CRITERIA Private Street Width: 26 feet - Face of Curb to Face of Curb Private Alley Width: 12 feet - Edge of Asphalt to Edge of Asphalt DESIGN CRITERIA · Maximum number of units attached per building shall be 6 . Units shall be constructed on raised slab with brick skirt on front elevation . Windows shall be provided in all garage doors · As a minimum, beaded vinyl siding will be provided on all units . All fencing provided on lots backing up to the lakes shall be 4 feet open picket constructed of white vinyl · The following shall be allowed a 2 foot encroachment into required setbacks: Fireplaces Bay windows Steps Decks which do not exceed 18 inches in height (excluding railings) Patios HV AC equipment The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. The Restrictions shall be enforced by a Mandatory Property Owners Association which will be responsible for maintaining all common areas including, all landscape buffers including all fencing, and all lakes and BMP's located on the Property. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ;;i-'_,: "...,,: ~i{"'_'f' >:,"~"" ""'w~ ,- A W ,:.., "'. .'.,-, ,".....". ... ,.'-._- "c- ,""... _ . SANDLER AT BRENNEt\1~iFARtv1,:'lLC< ~9~nda.lt .t2 4 ~<> ;' ,,,,,^^ ';:'-~., Condominium Parcel C, as identified on the original plan as the location of the carriage homes, totals 17.8 acres. Access is provided from the Brenneman Trail right-of-way. The existing proffers limit the number of dwelling units to 128. The request is to replace 53 of the units with two (2)-story townhouse units, similar to townhouses constructed on Parcel A to the west. Proffer 1 requires the development to follow the Brenneman Farm Development Manual dated July 18, 2003, which depicts carriage homes on the parcel in question. While the applicant is happy with the carriage homes, the modification is requested because the homes are not selling. Since the models have opened in July, 2006 only 13 units have sold. According to the applicant, this is primarily due to the price point, which is directly related to the square footage of the units. The square footage range of the three (3) story carriage homes is 2,413 square feet to 2,839 square feet of heated living space. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Construction of carriage homes SURROUNDING LAND USE AND ZONING: North: . Townhomes, woods I A-12 with a PD-H2 overlay, P-1 Preservation Area . Vacant, multifamily units I R-7.5 Residential District, A-18 Apartment District . Single family dwellings I PD-H1 . Townhomes I A-12 with a PD-H2 overlay South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: This site is within the Chesapeake Bay watershed. There are no significant environmental features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES TRAFFIC: The trips generated by the proposed change from carriage homes to townhouses will not exceed the trips generated by the previously approved rezoning based on the fact that the number of housing units will not increase. WATER: There is a 10-inch City water main in Brenneman Trail. SEWER: There is an eight (8)-inch sanitary sewer line in Brenneman Trail. SCHOOLS: No change of the number of students generated is anticipated between the approved carriage house units and the proposed townhouse units. '.-' " .,' <~<;' SANDLER AT BRENNEtv1ANFAHM,5tLC ,A;gE3nda .lte~it2 g~gE3P >',::;"~-'< ,..,. ,,' Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as a 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 proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: . The existing proffered plan depicts 128 carriage house dwelling units only on Parcel C. Parcel C's layout is reminiscent of neo-traditional site planning and consists of rear-loaded, single-family dwellings attached in the rear by a double-car garage. This request for a Modification to the Land Use Plan is to replace 53 of the attached single-family dwellings with 53, two (2)-story townhouse units, similar to townhouses constructed on Parcel A to the west. The two (2)-story town home elevation, proposed to replace 53 of the carriage homes, is architecturally compatible with the three (3)-story carriage home elevation; however, the square footage of the two (2)-story townhomes is a bit less, with 1,916 square feet to 2,044 square feet, which allows the applicant to introduce a lower price point. The applicant plans to continue to market and sell the three (3)-story carriage homes (76 total units). It is hoped that the introduction of the two (2)- story town homes will create additional activity and interest in this section of the larger development. The request as proffered is acceptable and is recommended for approval. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Land Use Plan shall be modified and revised so that the portion of the Property shown and describe as "Area Proposed for 2 Story Attached Units" on Sheets 1 and 2 of the conceptual site plan of Lexington (the "Lexington Townhouse Section"), which has been exhibited to the City Council and is on file with Planning Department, may be developed for two-story attached dwelling units, instead of carriage homes, as originally shown and depicted in the Land Use Plan and the Manual. PROFFER 2: The total number of two-story attached dwelling units constructed within the Lexington Townhouse Area shall not exceed fifty-three (53) units. PROFFER 3: ,-,,,"^,-,,-; ::''.'-'" -'-"" , -, , .,~,~. >: ";:".'-,-" , ~ ~^"::"i ,{ \ ',',-, ,"-";.'.:, ,,' ,..,.....:::::-_:...' ',J ". . . . . ,:.y- ,::': . .: ,:.-.'- :_.::,.,,),i~""'" . v."'_." ...._..._,. :',' SANDLER AT BRENNEMANFARM,lLC Agenda Item 12 . .... Page 6 __P' "":" All dwelling units constructed within the Lexington Townhouse Area shall be constructed using designs and building materials in substantial conformity with those depicted on the rendering shown on Sheet 3 of the conceptual site plan exhibited to the City Council and is on file with the Planning Department. PROFFER 4: Except as provide in this Agreement or on the conceptual site plan, the Lexington Townhouse Area shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved. PROFFER 5: The required building setbacks for the two-story dwelling units constructed within the Lexington Townhouse Area shall be as follows: a. Front yard setback, from face of curb/private street 20' b. Side yard setback, adjacent to a private street from face of curb for end units only 10' c. Minimum distance between end units of buildings . 12' d. Rear yard setback from exterior property line or private street 10' e. Minimum distance between buildings rear to rear 20' f. Lot coverage building footprint 45% g. Maximum building height 40' PROFFER 6: A minimum of two (2) off street parking spaces shall be provided for each unit. Garage parking shall be utilized to meet parking requirements. PROFFER 7: The Property shall follow the design criteria set forth below: a. The maximum number of units attached per building shall be six (6). b. Units shall be constructed on raised slab with brick skirt on the front elevation. c. At a minimum, beaded vinyl siding will be provided on all units. d. The following shall be allowed to encroach into required setbacks a maximum distance of two (2) feet; fireplaces; bay windows; steps; decks which do not exceed eighteen inches in height, excluding railings; patios; and HV AC equipment. . PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project that is comparable to the existing approved proffers in terms of quality of building types and design.. The City Attorney's Office has reviewed the proffer agreement dated January 1, 2007, and found it to be legally sufficient and in acceptable legal form. ".;;,.., ,~'< ""-, "'''''''.' .,. .--.... '. "'-'-"-'-";.,-" ;.'.."-"":;;'.,'.."-, ',. SANDLER AT BRENNEM~N}FARM'/l'-C Agendalt~mit2 ~~~l~? /', ->,,:' <,<> ' -, " ~""':_,";\_< 'N"'~; ';'< 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,<<~ , .<~ ~.>:~/,>' ',', """""" " :> "''','''''i SANDLER AT BRENNEM~NFARM,:: LC AgendaJt 12 ,'.. .<.-< ;,; AERIAL OF SITE LOCAl"JQN\w" -.-, - . ,- ._",',,- ....., . ,',.A,. ~ '->"w::.' .'_ <..,.:, w"'''-~ SANDLER AT BRENNE~~1'J"FARMf'lLC ~genda .lte~.12 . 9 }.,. \ 'i \ EXISTING APPRO\l~~,:BtAN: r<,~><:":' ,:::_,:: "_~':';::~~>:::,;~: . ~ ,,,", " "",,/ SANDLER AT BRENNEM~iFA.RM/ ~gEmdan ~ <IMnlOll~HUIOS ~ (') '0 ~ - 'ii ~ ~ ~ ~ ~ w 15 ~ ! ! \ \ SEE NEXT PAGE ,., . 0 ,\.: '.,- .~. ",",.. " -":"'-"-'_': -'-;,C..>.;_:;;, " SANDLER AT BRENNEfv!~FARM,;:~LC J\gemda Ite 12 pg11 ~ , , ,)) ~ 0::: <{ 0... o Z <{ -.J o o o :s: !i .1 ~. · i ~ C') '0 C\I - Q) Q) .c. (I) ~ ~ o 2 :il t.l _.",..,., ,:"C', ;",,,,-;':" .~ ~, . "-~/.;:,,:, .<:';(",j" -,,> ,,;"'; .,-' .-,,> "> -",>" :~);";:;:;'::_'~ .' SANDLER AT BRENNEf\1:A.t.JiFARMf'lLC ~9e.nda...lt~~{1.2 ....>Pqge...J.2 '" w .... " :z I '" w o <( '" Cl ... ..: c: ::> I- (,) W l- I (,) 0:: '"' '" '0 '" Q; '" "" rJ> li ~~ i! ~m ~l PROPOSED BUILDING ELEVATION ':: ....,~ ,', (,.(' ,. '_'_..V SANDLER AT BRENNErJ!~FARM,";~LC ~gendalte~;12 Page" 13 'c- ,_._._ ..._,...:..,......'i..,.".., ~~'~~- ":"", 1 9-9-03 Conditional Rezoning to PD-H2 Approved 6-23-98 Amendment to the Land Use Plan Approved 4-13-93 Amendment to the Land Use Plan Approved 1-11-82 Rezoning (PDH to PD-H1) Approved 6-14-71 Rezonin R-S 4 Residence Suburban to PDH A roved 2 2-23-99 Rezoning (R-7.5 Residential to B-2 Business) and Conditional Approved Use Permit Gasoline sales, carwash, convenience store 3 2-23-99 Rezoning (R-7.5 Residential to A-12 Apartment) Approved 5-23-88 Rezonin R-6 Residential to B-2 Business Denied 4 3-12-96 Conditional Use Permit (Communication Tower) Approved 5-26-92 Conditional Use Permit Church A roved 5 6-25-02 Conditional Use Permit (Church expansion) Approved 2-1-00 Conditional Use Permit (Church expansion) Approved 2-24-98 Conditional Use Permit (Cell Tower) Approved 10-28-97 Conditional Use Permit (Church expansion A roved ZON I NG H Isrqfly,/:",A\ j"":.. ,', - .,,'-" . 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IN 1.., ... ._f-" o /"""'",, SANDLER AT BRENNEM~FARM,:f,..LC ~9t3ndalt :P'g. ... -.~,f LIST 1 APPLICANT INFORMATION Applicant Name: Sandler at Brenneman Farm, L.L.c., a Virginia limited liability company Members: Steven B. Sandler .4rthur B. Sandler Managers: Nathan D. Benson Raymond L. Gottlieb LIST 2 LIST OF BUSINESSES WITH AFFILIATED BUSINESS ENTITY RELATIONSHIP WITH APPLlCANT* Equity Title Company, L.L.c. Greendale, L.L.C. L.M. Sandler & Sons, Inc. SAS Investors Sandler at AshvillePark. L.L.c. Sandler at Brown Farm, L.L.C. SandIer at Bro\J.IllFarmII, L.L.C. Sandler at Lexington, L.L.C. South Independence Acquisition. L.L.C. Tate.Terrace Realty Investors, Inc. Tidewater Mortgage Services, Inc. Tidewater Finance Company Today Hornes, Inc. Wedgewood Associates, L.L.C. Westview Plaza Associates, L.P. *business entities with properties located in the City of Virginia Beach, Virginia ,,,.'. .. " .':." SANDLER AT BRENNE~~NFARIVI; .~iJ~ndaJt Pa LIST 3 LIST OF SERVICE .PROVIDERS (BreIUleman Fann) Faggert & Frieden, P.c. Legal Services Kautman & Canoles, P.c. Legal Services Equity Title Company. LLC Title Insurance Bank ofA.merica, N.A. Financial Services Engineering & Testing Services. Inc. (ETS) - Engineering Services Kimley-Horn & Associates, Inc. Engineering Services T AF Group Engineering Services New Millennium Environmental Engineering Services Rouse-Sirine Associates, Ltd. Surveying Services Basnight Land & Lawn Landscaping Services Bay Concrete Construction, Inc. Construction Services Atlantic Coastal Clearing & Grading Construction Services Atlantic Coastal Contractors Construction Services Chesapeake Bay Contractors, Inc. Construction Services B&H Concrete Construction Services Today Homes. Inc. Construction Services Ocean Leisure, Inc. Construction Services DFI Inc. Construction Services TIW Contractors Construction Services Smith &Keene Construction Services Central Plumbing Construction Services SANDLER AT BRENNEM~F.A.RM,;liLC ~~endalt~12 ...P9~~;J7 '::-""<>:;;,-",;,:; Portfield Design Center Design Services Ferguson Enterprises, Inc. Furnishings and Fixtures Access Innovations Furnishings and Fixtures Tripac Cabinets Furnishings and Fixtures Tidewater Flooring Furnishings and Fixtures Sears Furnishings and Fixtures Stock Building Supply Furnishings and Fixtures Sea Gull Lighting Furnishings and Fixtures PenSign Signage and Fencing William E Wood New Homes Division Sales. and Marketing Services DISCLOSURE ST AT~l\1I;Efitt"<., <::>.,>".,':,.:: ' ,,'., ",,', .--, "'.-'-',",..-- '. SANDLER AT BRENNEM~FARMf;lLC A~emda......lt~.................................................t2 . . > .;~~~;~~. Item #12 Sandler at Brenneman Farm, L.L.c. Modification of the Brenneman Farm Land Use Plan Southwest terminus of Brenneman Trail District 2 Kempsville March 14, 2007 CONSENT Barry Knight: Our next item slated for the consent agenda is Sandler at Brenneman Farm, L.L.c. An application of Sandler at Brenneman Farm, L.L.c. for the Modification of the Brenneman Farm Land Use Plan to change the designated land use from carriage homes to two-story attached dwellings. The property is located at the southeast terminus of Brenneman Trail, District 2, Kempsville District, with eight proffers. This is not the Renaissance Park, which I'm sure speakers are here for but this is a separate application. Welcome ma' am. Katherine Holder: Good afternoon. My name is Katherine Holder. I'm with L.M. Sandler & Sons. First, I would like to thank the Planning staff for working with me on this application, and thank. you for placing it on the consent agenda. I also have with me the builder of Chesapeake Homes, if there are any general questions for him. One correction, if I could, on the application? There was a math error. I will take full responsibility. There are actually 53 units that we propose to change to the two-story and 75 that would remain the three-story carriage homes. Our math didn't quite add. So the correct number is 53 and 75. Barry Knight: Thank you. And you have read the eight conditions and you concur? Katherine Holder: Yes sir. Barry Knight: Okay. Thank you. Is there anyone here today to object to item 12, Sandler at Brenneman Farms, L.L.c. from being placed on the consent agenda? If not. Thank you. Mr. Al Henley, would you speak in this please? Al Henley: The request is for a modification of a land use plan to change the designated land use from carriage homes to two-story town homes. There are no changes in the numbers of units that are proposed. A Conditional Rezoning to A-12 with a PD-H2 Overlay was approved by City Council on September 9, '2003. The Conditional Rezoning has 15 proffers. This request for a modification of land use replaces 53 of the attached single family dwellings with 53 two-story town homes, similar to the townhouses that are on Parcel A to the west. It is hoped that the introduction of these two-story town homes will create additional activity and interest in this section of the larger development. The c=:::- request as proffered is acceptable and recommended for approval by the Planning staff, Item #12 Sandler at Brenneman Farm, L.L.C. Page 2 therefore, the Planning Commission is placing this on the consent agenda, and we are happy to do so. Thank you. Barry Knight: Thank you Mr. Henley. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 12 with eight proffers. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. Mr. Redmond? David Redmond: Mr. Chairman, I will be voting in favor of the items on the consent agenda. However, I would like to provide the caveat and I will specifically be abstaining from item 12, Sandler at Brenneman Farms. I have an existing business relationship with the applicant L.M. Sandler & Sons, Inc. This requires me to abstain from that item. Barry Knight: Thank you. Is there any other discussion? I'll call for the question. AYES NAY 0 ABSl ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND ABS STRANGE AYE WOOD AYE Ed Weeden: By a vote of 8-0, with the abstention so noted, the Board has approved item 12 for consent. c:::=.. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. OF-6675 OA TE: April 11, 2007 FROM: Leslie L. Lille~ B. Kay WilsoP. OEPT: City Attorney TO: OEPT: City Attorney RE: Conditional Zoning Application: Sandler at Brenneman Farm, LLC The above-referenced conditional zoning application is scheduled to b~ heard by the City Council on April 24, 2007. I have reviewed the subject proffer agreement, dated January 1,2007, and have determined it t<;> be legally sufficient and in proper legal form. A copy of the agreement is attached.. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen AGREEMENT THIS AGREEMENT is made January 1, 2007 by and between 'SANDLER AT BRENNEMAN FARM. L.L.C., a Virginia limited liability company (hereinafter referred to as "Grantor"), and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WIT N E SSE T H: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the' Grantee, to modify a portion of the Brenneman Farm Land Use Plan previously adopted by the City Council of the City of Virginia Beach, Virginia (the "Land Use Plan"); and WHEREAS, Grantor's property contains a total of 13.69 acres, more or less, is located in the Kempsville Election District of the City of Virginia Beach, Virginia, and is more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, the Property is a portion of the property shown and described as "PROPOSED PD-H2 CONDOMINIUM C 17.8 +1- AC" on the exhibit titled "Proposed Zoning Plan," dated July 18, 2003, as contained in the four part, multi-page document entitled Brenneman Farm Development Manual dated July 18,2003, which publication was exhibited to and adopted as part ofthe Land Use Plan by the City Council (the "Manual"); and WHEREAS, the Grantor desires to amend the Land Use Plan so that a portion of the Property may be developed for two-story, attached dwelling units, instead of carriage houses, as proposed in the Land Use Plan and the Manual; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and GPIN: 1476-71-5481 Prepared By: Troutman Sanders L.L.P. 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property, for the protection of the community that are not generally applicable to land similarly zoned, are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before th~ Grantee, as part of the proposed conditional amendment to the . . Zoning Map, in addition to the regulations provided for in the existing A-12 and PD-H2 zoning districts by the City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by t~e record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; and 2 WHEREAS, certain covenants and restrictions governing the Property were adopted by the City Council of the City of Virginia Beach on July 24, 2003, as part of the Land Use Plan, which covenants and restrictions have been recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 200310290176399 (the "Existing Proffers"); and WHEREAS, Grantor desires to modify certain of the Existing Proffers related to that portion of the Property to be developed as two-story, attached dwelling units, without affecting or changing the Existing Proffers with respect to the remainder of the Property; NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction , from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agreetp,at these Proffers shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Land Use Plan shall be modified and revised, so that the portion of the Property shown and described as "Area Proposed for 2 Story Attached Units" on Sheets 1 and 2 of the conceptual site plan of Lexington (the "Lexington Townhouse Section"), which has been exhibited to the City Council and is on file with the Planning Department, may be deyeloped for two-story attached dwelling units, instead of carriage homes, as originally shown and depicted in the Land Use Plan and the Manual. 2. The total number of two-story attached dwelling units constructed within the Lexington Townhouse Area shall not exceed fifty-three (53) units. 3 3. All dwelling units constructed within the Lexington Townhouse Area shall be constructed using designs and building materials in substantial conformity with those depicted on the rendering shown on Sheet 3 of the conceptual site plan exhibited to the City Council and is on file with the Planning Department. 3. Except as provided in this Agreement or on the conceptual site plan, the Lexington Townhouse Area shall be developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this application is approved. 4. The required building setbacks for the two-story dwelling units constructed within the Lexington Townhouse Area shall be as follows: e. f. g. Front yard setback, from face of curblprivate street Side yard setback, adjacent to a private street from face of curb for end units only Mipimum distance between end units of buildings Rear yard setback from exterior property line or private street Minimum distance between buildings rear to rear Lot coverage building footprint Maximum building height 20' a. b. c. d. 10' 12' 10' 20' 45% 40' 5. A minimum of two (2) off street parking spaces shall be provided for each unit. Garage parking shall be utilized to meet parking requirements. 6. The private street width shall be twenty-six feet (26') from face of curb to face of curb. The private alley width shall be twelve feet (12') from e~ge of asphalt to edge of asphalt. 7. The Property shall follow the design criteria set forth below: a. The maximum number of units attached per building shall be six (6). b. Units shall be constructed on raised slab with brick skirt on the front elevation. c. At a minimum, beaded vinyl siding will be provided on all units. d. The following shall be allowed to encroach into required setbacks a maximum distance of two feet (2 '): fireplaces; bay windows; steps; decks which do not exceed eighteen inches (18") in height, excluding railings; patios; and HV AC equipment. 4 Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia . . Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank] 5 IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first written above. GRANTOR: SANDLER AT BRENNEMAN FARM, L.L.c., a Virginia limited liability company By: ~ 10c0A"'Vl \r\"\' h-u,,, S r> ~"'--- Its: '{Y\Q""" '~~ -f COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: \." T~e foregOin~stru.ment was acknowledged before me this J't\.cllay of January, 2007, by !'-> C\.~ ~~. . e)l\.scl/\ , in his/her capacity as \(\./'\0.. V\ t1 (I" e /.( on behalf of Sandler at Brenneman Farm, L.L.c., a Virginia limited liability company. 'cI14;"~ i~1 tary Public My Commission Expires: 0;- ~l-I d 6 EXHIBIT A ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being designated as Parcel 5C as shown on that certain plat entitled "Subdivision of Lexington, Virginia Beach, Virginia" dated August 9, 2004, prepared by Rouse-Sirine Associates, Ltd., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200410190166991, to which reference is made for a more particular description. 330799.1 7 ~ i ~ - ) '7 :;) :J": : '2 ~ -, r. .-' -.: i \" 14 April 2007 Virginia Beach SPCA 3040 Holland Road Virginia Beach, VA 23453 Dear Ladies and Gentlemen; Although we have been frequent contributors to the SPCA, I had not had the opportunity to visit the Virginia Beach facility. This week, we found on our lawn, a very small animal with eyes not yet open and unable to stand on its feet. The newborn was taken to your facility, where it was placed in an incubator and the wildlife rehabilitation service activated. The ladies tending the front desk were personable, knowledgeable, helpful and reassuring about the prospects for this very small creature identified as a 3-5 day old raccoon. Shortly, a lady from the rehab group reported that she was on her way to pick up the animal and later called to report that the animal was at its new home and in good condition. She thanked us for bringing the animal in and said it would be well cared-for until releasable into the habitat. With wetlands on our property, we have learned the enjoyment of having wildlife amidst us, and greatly appreciate the obvious sincerity and care offered them by the volunteer workers and employees at the Virginia Beach SPCA. We will increase our contributions in an effort to respond to the growing needs of animal care and to recognize the outstanding service provided them at your facility. By copy of this letter to Mayor Obemdorf ~d the City Council, we want to emphasize the importance of this service provided the taxpayers of the citylcounty and the importance of their continued support to the wildlife rehabilitation program. Thank you again for making this day an emotionally rewarding one for us. Sincerely, 4~)J;~~ William N; Small Admiral, U.S. Navy (retired) Cc: Mayor Oberndorf Virginia Beach City Council ~/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance amending Sections 111, 401,501,801,901 and 1001 and adding Sections 242.3 and 242.4 of the City Zoning Ordinance defining "Home- Based Wildlife Rehabilitation Facility," "Wildlife Rehabilitation Center," and "Wildlife," and establishing specific standards for such uses and zoning districts in which such uses are permitted. MEETING DATE: April 24, 2007 . Background: In 2005 and 2006, applications for use permits for wildlife rehabilitation as a home occupation were reviewed and approved by the Planning Commission and the City Council. During the discussion of the last such application, the City Council directed the staff to work with the wildlife rehabilitators in the city and the Virginia Beach SPCA to develop an amendment to the City Zoning Ordinance that would regulate wildlife rehabilitation. The attached amendment is the result of staffs work with these groups. . Considerations: The proposed amendment creates two classes of Wildlife Rehabilitation Facilities: 1. The "Home -Based Rehabilitation Facility" is the level at which most rehabilitators working from their home will fall. Such a facility is any location where care is regularly given to sick, injured, orphaned, or displaced wildlife on a temporary basis. Wildlife means any mammal, bird, reptile or amphibian listed on the Virginia Department of Game and Inland Fisheries' list of native and naturalized fauna of Virginia. 2. The Wildlife Rehabilitation Center class is a professionally-operated facility with an on-site veterinary staff where care is regularly given to sick, injured, orphaned, or displaced wildlife on an extended basis until such wildlife is able to return to its native habitat. The amendment then specifies the districts where each type of facility is allowed and the standards to be used in evaluating an application. The standards correspond to a significant extent to those of a Wildlife Rehabilitation Permit issued by the Virginia Department of Game and Inland Fisheries, or a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service for said purpose. Thus, just as with child care facilities that are regulated by both the City's Use Permit provisions and the State's licensing requirements, CITY OF VIRGINIA BEACH - WILDLIFE REHABILITATION ORDINANCE Page 2 of 2 wildlife rehabilitators will be regulated by both the City's Use Permit provisions and the State and Federal government's licensing requirements. . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this amendment. . Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning D~partmentLA.J~ City Manager. k ~6'6'i.. ~ CITY OF VIRGINIA BEACH AMENDMENT TO CITY ZONING ORDINANCE - WilDLIFE REHABiliTATION FACiliTIES Agenda Item 20 March 14, 2007 Public Hearing REQUEST: An Ordinance amending Sections 111, 401, 501, 801, 901 and 1001 and adding Sections 242.3 and 242.4 of the City Zoning Ordinance defining "Home-Based Wildlife Rehabilitation Facility," 'Wildlife Rehabilitation Center," and 'Wildlife," and establishing specific standards fro such uses and zoning districts in which such uses are permitted. UPDATE: This request was deferred at the January 10, 2007 Planning Commission hearing to provide time for staff and the wildlife rehabilitators to meet with a sub-committee of the Planning Commission for a discussion pertaining to several aspects of the proposal. That meeting was held, and the attached revised amendment is the outcome of the discussions !rom that meeting and subsequent discussions and email correspondence. SUMMARY OF AMENDMENT In 2005 and 2006, applications for use permits for wildlife rehabilitation as a home occupation were reviewed and approved by the Planning Commission and the City Council. During the discussion of the last such application, the City Council directed the staff to work with the wildlife rehabilitators in the city and the Virginia Beach SPCA to develop an amendment to the City Zoning Ordinance that would regulate wildlife rehabilitation. The attached amendment is the result of staff's work with these groups. The proposed amendment creates two classes of Wildlife Rehabilitation Facilities: 1. The "Home -Based Rehabilitation Facility" is the level at which most rehabilitators working from their home will fall. Such a facility is any location where care is regularly given to sick, injured, orphaned, or displaced wildlife on a temporary basis. Wildlife means any mammal, bird, reptile or amphibian listed on the Virginia Department of Game and Inland Fisheries' list of native and naturalized fauna of Virginia. '-"': 'W'" _< C_., ''c'',':, :: A~: '^ '-'>';;-.,<<; _>_.'-.x CITY OF VIRGINIA f36~CH Agf3ndalt 2. The Wildlife Rehabilitation Center class is a professionally-operated facility with an on-site veterinary staff where care is regularly given to sick, injured, orphaned, or displaced wildlife on an extended basis until such wildlife is able to return to its native habitat. . The amendment then specifies the districts where each type of facility is allowed and the standards to be used in evaluating an application. The standards correspond to a significant extent to those of a Wildlife Rehabilitation Permit issued by the Virginia Department of Game and Inland Fisheries, or a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service for said purpose. Thus, just as with child care facilities that are regulated by both the City's Use Permit provisions and the State's licensing requirements, wildlife rehabilitators will be regulated by both the City's Use Permit provisions and the State and Federal government's licensing requirements. A copy of the Virginia Department of Game and Inland Fisheries regulations are attached to this report. RECOMMENDATION Staff recommends approval of the amendment, as it provides the opportunity for these types of facilities to be reviewed to ensure that they are compatible with their surrounding area. Staff, the wildlife rehabilitation community, and a Planning Commission committee have worked to craft an ordinance that ensures such compatibility while offering an opportunity for the healing of injured and orphaned wildlife found within the city. CITY OF VIRBINIAB ;~gEmdaJt 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1 2 3 4 5 6 7 8 9 AN ORDINANCE AMENDING SECTIONS 111, 401, 501, 801, 901, AND 1001 AND ADDING SECTIONS 242.3 AND 242.4 OF THE CITY ZONING ORDINANCE, DEFININING "HOME-BASED WILDLIFE REHABILITATION FACILITY," "WILDLIFE REHABILITATION CENTER" AND "WILDLIFE" AND ESTABLISHING SPECIFIC STANDARDS FOR SUCH USES AND ZONING DISTRICTS IN WHICH SUCH USES ARE PERMITTED Sections Ordinance and 1001 Amended: ~~ 111, 401, City Zoning 501, 801, 901, Sections Added: City ~~ 242.3 and 242.4 Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance hereby amended and reordained by the 401, 501, 801, 901, and 1001 and the and 242.4, to read as follows: (City Code Appendix A) is amendment of Sections 111, addition of Sections 242.3 ARTICLE 1. GENERAL PROVISIONS Sec. 111. Definitions. Home-Based Wildlife Rehabilitation where care is regularly given to sick, displaced wildlife on a temporary basis. Facility. injured, A facility orphaned, or Wildlife. Any mammal, bird, reptile or amphibian listed on the Virginia Department of Game and Inland Fisheries' list of native and naturalized fauna of Virginia. Wildlife Rehabili tation Center. A professionally operated facility with an on-site veterinary staff where care is 1 45 46 47 48 49 50 51 52 53 54 55 56 regularly given to sick, inj ured, orphaned, or wildlife until such time as such wildlife possesses health that it can be returned to its native habitat. displaced sufficient COMMENTS The amendments to this section establish definitions for "Home-Based Wildlife Rehabilitation Facility," "Wildlife" and "Wildlife Rehabilitation Center." Home-Based Wildlife Rehabilitation Facilities are intended to provide care for sick, injured, orphaned or displaced wildlife on a limited basis, primarily serving as a place where animals can be received and provided care for short duration, and release or transfer. Longer term care for wildlife is intended to be provided after transfer to another location, such as a Wildlife Rehabilitation Center. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS C. CONDITIONAL USES AND STRUCTURES Sec. 242.3. Home-based Wildlife Rehabilitation Facility. Home-Based Wildlife Rehabilitation Facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid Category I or Category II A or B Wildlife Rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates birds. 2 90 91 92 93 94 95 96 97 98 99 100 101 102 1.03 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty - four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate Wildlife Rehabilitation Center or a permitted Home-Based Wildlife Rehabili tation Facility wi thin twenty - four (24) hours of receipt of such animal. ( d) anyone adequate permit or No operator shall keep a greate~ number of time than those for which the operator caging as required by the applicable state permits held by the operator. animals at maintains or federal (e) No animal shall be kept at . any such facility for a period in excess of sixty (60) days. (f) All animals shall be kept or that a nuisance is not generated by dust, noise, or other conditions Administrator to be detrimental to the and welfare. maintained in such manner insects, excessive odor, deemed by the Zoning community health, safety (g) Removal of dead animals shall be conducted in accordance with the provisions of Section 5-14 of the Code of the City of Virginia Beach. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty percent (20%) of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. 3 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 COMMENT The section sets forth required standards for Home-based Wildlife Rehabilitation facilities. Sec. 242.4. Wildlife Rehabilitation Center. Wildlife Rehabilitation Centers shall be subject to the following provisions: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; {2) Adequate shelter that is clean' and of the proper" type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid Category II B or a Category III Wildlife Rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates birds. (c) No operator shall keep a greater number anyone time than those for which maintains adequate caging as required by state or federal permit or permits operator. of animals at the operator the applicable held by the (d) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the Zoning Administrator to be detrimental to the community health, safety and welfare. (e) Removal of dead animals shall be conducted in accordance with the provisions of Section 5-14 of the Code of the City of Virginia Beach. 4 180 (f) Removal of all waste, including medical waste, shall be 181 conducted daily in accordance with the provisions of 182 Section 31-7 of the Code of the City of Virginia Beach. 183 184 (g) All structures, buildings, or cages used for the 185 shel ter of animals shall comply with the dimensional 186 requirements of the zoning district in which the 187 facility is located. 188 189 (h) Vehicular parking requirements shall be as specified in 190 the conditional use permit. 191 192 (i) Signage shall conform to the regulations of the 193 district in which the facility is located or to the 194 conditions of its conditional use permit if different. 195 196 (j) The operator may provide educational outreach services 197 at the facility if permitted by its conditional use 198 permit. 199 200 (k) The operator may exhibit at the facility wildlife that 201 has been determined to be rehabilitated yet permanently 202 disabled such that the wildlife can no longer be 203 released to the wild, provided that such activity is 204 allowed by an exhibition permit issued by the Virginia 205 Department of Game and Inland Fisheries or the United 206 States Fish and Wildlife Service that limits the number 207 and type of wildlife permitted. 208 209 CO~ENTS 210 211 The amendments to this section establish specific standards tO.be applied to conditional use 212 permit for Wildlife Rehabilitation Centers, including the maximum area that cages may occupy, 213 requirements for sanitation and licensing requirements. 214 Section 401. Use Regulations. 215 216 (a) Principal and conditional uses. The following chart 217 lists those uses permitted within the AG-1 and AG-2 Agricultural 218 Districts. Those uses and structures in the respective 219 agricultural districts shall be permitted as either principal 220 uses indicated by a "P" or as conditional uses indicated by a 221 "C." Uses and structures indicated by an "X" shall be prohibited 222 in the respective districts. No uses or structures other than as 223 specified shall be permitted. 224 5 225 226 227 228 229 230 231 232 2.33 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 Use AG-l AG-2 Home-Based Wildlife Rehabilitation Facilities P P Wildlife Rehabilitation Centers C C Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the. R-40 through R-2.5 Residential Districts. Those uses and st.ructures in the respecti ve residential districts shall be permitted as either principal uses indicated by a lIP" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-55 R-2.5 Home-Based Wildlife Rehabilitation Facilities C C C C C C C C C x Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in ,the respective Office Districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses Office Districts 0-1 0-2 263 Home-Based Wildlife 6 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 Rehabilitation Facilities C C Wildlife Rehabilitation Centers C C Sec. 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitte~. Uses Business Districts B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Home-Based Wildlife Rehabilitation Facilities C C C x x x x x Wildlife Rehabilitation Centers C C C x x x x x Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-I and 1-2 Industrial Districts. Those uses and structures in the respecti ve industrial districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Uses Industrial Districts 1-1 1-2 Home-based Wildlife 7 307 308 309 310 311 Rehabilitation Facilities C C Wildlife Rehabilitation Centers C C 312 COMMENTS 313 314 The amendments to these sections indicate the zoning districts where Home-based Wildlife 315 Rehabilitation Facilities and Wildlife Rehabilitation Centers are permitted, a conditional use or not 316 permitted. 317 318 . Home-Based Wildlife Rehabilitation Facilities are allowed by right in the AG-l and AG-2 319 Agricultural Districts and as conditional uses in all Residential Districts (except R-2.5 Townhouse), 320 the 0-1 and 0-2 Office Districts, the B-1, B-IA and B-2 Business Districts and in the 1-1 and 1-2 321 Industrial Districts. 322 323 The Wildlife Rehabilitation Center is intended to provide care for injured or orphaned 324 wildlife on an extended basis until such wildlife is able to return to its native habitat. The use is 325 allowed only as a conditional use in the AG-l and AG-2 Agricultural Districts, the 0-1 and 0-2 326 Office Districts, the B-1, B-IA and B-2 Business Districts and in the 1-1 and 1-2 Industrial Districts. Council day of of the City of Virginia , 2007. Beach, Adopted by the Virginia on the Approved as to Legal Sufficiency: j {j)~~j)1w . City Attorney's Office Approved as to Content: CA10230 V:\applications\cityla prod\cycom32\Wpdocs\D011\P001\00024796.DOC R-9 February 28, 2007 8 VIRGINIA DEPARTMENT OF GAME & INLAND FISHERIES Post Office Box 11104 Richmond, Virginia 23230-1104 (804) 367-1000 WILDLIFE REHABILITATION PERMIT CONDITIONS All persons caring for sick, injured, orphaned, or displaced wild animals are required to have a permit from the Virginia Department of Game and Inland Fisheries. The primary goal of the permittee is to return injured or orphaned native animals to their natural habitat, as quickly as possible, providing them with a reasonable chance to function and behave normally within its population and ecosystem. The Virginia Department of Game and Inland Fisheries is not liable for any injuries or damage caused by wildlife held under the authority of this permit. Applicants should possess sufficient liability insurance to cover any situations that may occur due to their neglect. . PERMIT PROCESS When the Permitting Section of the Virginia Department of Game and Inland Fisheries (VDGIF) receives a call from an individual wanting to become a rehabilitator, they are sent a copy of these conditions and requested to contact the Agency if and when they want to continue with the process. 'W"'hen the individual is ready to become a rehabilitator, VDGIF win record the name, address, county, and phone numbers for the person seeking the permit. VDGIF will also record if the caller is seeking the permit as a sponsored apprentice, a care provider, an individual with at least two years of experience, an incorporated or insured organization, or as a professional facility with an on-site veterinarian. If the individual wishes to be a Category IV care provider, they are mailed an application. For other categories, VDGIF initiates a 30-day process. Starting at the date of the call as day 0, VDGIF law enforcement officers will try to inspect the individual's facilities between day 6 and day 20. If the individual is not prepared for an inspection within 5 working days of the time they are contacted by an officer to set up an appointment, they will be automatically denied and must contact the Permitting Section when they are ready to initiate the process again. If the individual is preliminarily approved by the officer during the site inspection, then the applicant will be given a Wildlife Rehabilitator Application and Permit Conditions by the Warden and be instructed to mail their signed application with the required fee to the Permit Section. They will be reminded to apply for and enclose a copy of their federal permit to VDGIF to be considered for rehabilitation of migratory birds or waterfowl. When the completed Wildlife Rehabilitator Application is received by VDGIF, the Permitting Section will routinely issue the permit within two weeks or send a letter indicating denial to the applicant. If an incomplete application is received, all materials and the check will be returned with a form letter of explanation. CATEGORIES Wildlife Rehabilitation Permits are issued in four (4) categories and are defined as follows: A Categorv I (Apprentice) permit is for an individual with entry level skills who has less than two years of rehabilitation experience. He/She must be sponsored by a Category II or Category III permittee to apply and must satisfy educational requirements. His/Her work is under the direct supervision of the sponsoring Category II, or Category III permittee, and is generally limited to uninjured, orphaned wildlife. This permit requires a facilities inspection by a representative of the Virginia Department of Game and Inland Fisheries as well as proof of immunization if necessary. For Category I's to be allowed to rehabilitate migratory birds and waterfowl, their sponsors must contact the USFWS in writing requesting that the Category I be covered by their federal permit to rehabilitate migratory birds and waterfowl. A Category IIA (Individual), or Categorv lIB (Organization), permit is for those with advanced skills who have more than two years of rehabilitation, or equivalent, wildlife care experience. Applicants must satisfy educational requirements annually. They must work in cooperation with a licensed veterinarian and may provide care for all wildlife (except golden eagles and threatened or endangered species )(See attached list on pages 15 - 18), providing that their animal holding facilities meet standard requirements and have passed inspection by the Department and that they have received the appropriate immunizations if necessary. Category IIA (Individual) is an individual meeting all of the Category II criteria. c=:::::... Category lIB (Organization) is an incorporated and insured organization meeting the Category II criteria. May 27, 2003 Page I A Categorv III (Professional) permit is generally for a professionally operated facility with an on-site veterinary staff. They may provide care for all types of wildlife providing that holding facilities meet standard requirements. Only Category III facilities may provide care for threatened or endangered species and golden eagles. A Categorv IV (Care Provider) may provide direct care for, and may come into contact with, wildlife at the facility of a Category I, II, or III permittee, when direct supervision is not available at that facility. (Example: A Category II goes on vacation and needs someone to provide care to the animals at their facility. The Category IV would be qualified to render this assistance.) The Care Provider may not care for animals in their own home. Therefore, this individual would not need to have a facility inspection performed by VDGIF nor shall they need a sponsor. The permittee would need to satisfy the State's pre-permitting and annual educational requirements. They must also be pre-immunized if they are to be working with high risk rabies species. Individuals providing care to raptors, predatory animals, or animals requiring unusual expertise, would need to have advanced skills and provide proof that they have met the certification requirements necessary for the level of care they are providing. (Individuals at whose permitted facility the Category IV is assisting, must contact the USFWS in writing requesting that the Category IV be covered by their federal permit to rehabilitate migratory birds and waterfowl.) Transporters do not need an individual permit. A Category II or III permittee may designate individuals to act under their permits as "Transporters." As noted in the permit conditions, the authority of "Transporters" is limited to retrieval and delivery of animals directly to a Category I, a Category II A or B, or a Category III permittee, or to approved release points when rehabilitation is complete. At this time, Staff (paid employees) or Volunteers do not need an individual permit if they are working under the direct supervision of a Category II or III, m the Category II or Ill's facility. However, if these individuals are providing care on their own, andlor coming into contact with the wildlife::, VDGIF strongly recommends that these individuals become permitted as a Category IV Care Provider. If they wish to care for wildlife on their own property or at their residence, regardless of the source of the wildlife or the duration of the care provided, they need to be permitted as at least a Category I. GENERAL CONDITIONS 1. All wildlife possessed under the authority of this permit shall remain the property of the State of Virginia and under the primary jurisdiction of the Virginia Department of Game and Inland Fisheries (VDGIF). 2, All persons caring for sick, injured, orphaned, or displaced wildlife are required to have a permit from the VDGIF. 3. Consent must be obtained from the VDGIF prior to the disposition or dispersal of any wildlife, their carcasses, parts, products, or progeny thereof, possessed under the provisions of this permit (except as provided by 4a, 4b, and 4c). 4. The legal disposition of wildlife, their carcasses, parts, products, or progeny thereof, shall be as follows: a. Species of native wildlife that recover and are not permanently impaired shall be returned to the wild. Rehabilitated animals, except high-risk rabies animals and rl;eer, should be returned to the area in which they were found or in the county in which they were rehabilitated. High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated; they cannot be transported across county lines, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Deer must be released in the county in which they were rehabilitated or in an adjacent county, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Non-native species shall not be released into the wild but should be placed in a suitable captive environment. Non- native animals are defined as those species and subspecies of animals not naturally occurring in Virginia. Native reptiles and amphibians that have been rehabilitated should not be released prior to contacting VDGIF due to genetic, disease, and ecological concerns. b. In order to possess permanently impaired migratory birds, a Special Purpose Possession Permit m':lst be obtained from the U. S. Fish and Wildlife Service (See address and phone # in condition 7 below) and VDGIF must be notified of the intent and reason for holding this wildlife and must be in concurrence with the stated purpose. VDGIF must also be notified if the status or disposition of the wildlife changes. As only a limited number of permanently impaired birds may be maintained under the federal permit, other wildlife should be placed in a mutually acceptable facility. All permanently impaired wildlife shall be kept in enclosures that meet, or exceed, the minimum pen specifications. Migratory birds may not be taken to nonpermitted individuals unless prior permission is obtained from the VDGIF. The possession of these permanently impaired birds by non-exhibitors and not for educational purposes must be directly tied to the rehabilitation of other wildlife. Ifthe permanently impaired migratory birds are federally threatened or endangered or a golden eagle, and the rehabilitator has a proven need to possess the bird(s) for noneducational purposes, they will need a Virginia Endangered Species Permit, a Federal Special Purpose Possession Permit, and if applicable, a Federal Eagle Exhibition Permit. c== May 27, 2003 Page 2 c. Wildlife that dies while in the custody of the permittee shall be buried or incinerated, or upon prior approval from the VDGIF, be offered to a mutually acceptable museum, university, or other institution for addition to its study collection, d. Non-releasable wildlife should be humanely destroyed (euthanized) unless it can be placed in a facility operating with an exhibitors permit issued from the VDGIF. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. e. Wildlife that suffer from zoonotic diseases should not be rehabilitated if they pose a threat to humans or other wildlife. '" 5. All permittees shall keep records of wildlife in their care. A log shall be maintained for "all" wildlife entering the facility for treatment, and a record of their progress and disposition is mandatory. These records shall be submitted in a summarized report to the VDGIF at the end of the permitting year by January 31, or upon request. (A reporting form is enclosed on page 19) Failure to remit this report may result in revocation, cancellation, suspension, or non-renewal of an individual's permit. 6. All permittees must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. 7. This permit is not valid for possession of migratory birds unless accompanied by a Federal Special Purpose Rehabilitation Permit issued by the U. S. Fish and Wildlife Service. [Contact the U. S. Fish and Wildlife Offic.e, Assistant Regional Director, Division of Law, at P. O. Box 779, Hadley, MA 01035-0779 or call (413) 253-8643.] 8. Housing: All wildlife shall be kept in a humane and sanitary manner as prescribed by the VDGIF. (See Basic Requirements for Housing of Wild Animals) (To minimize disease potential, cages that are used for transporting or holding raccoons, should not be utilized for other species.) 9. Safety: Facilities must provide for the safety of confined wildlife as prescribed by the VDGIF. (See Minimum Housing Guidelines) 10. Humane: Wildlife shall be maintained in a humane and uncrowded manner. The permittee shall ensure that wildlife is kept in compatible groups and that all specimens are fed appropriate food. 11. Inspection: Duly authorized employees of the VDGIF or the U. S. Fish and Wildlife Service may inspect the permittee's premises at any time to determine whether or not the permittee is complying with these conditions. 12. The permittee shall consider human health and safety first, including rehabilitators and members of the general public. 13. Permittees, or their volunteers, shall not charge any fee associated with the activity herein authorized, nor shall permittees, or their volunteers, require fees for the pick-up or delivery of sick, injured, or orphaned wildlife. 14. Permittees, or their volunteers, shall not represent themselves as agents ofthe VDGIF, nor shall they trespass upon the property of another for the purpose of taking possession of wildlife without permission of the property owner. 15. Cancellation and Suspension: Any permit may be canceled, or suspended, at any time when it is found that the permittee is not in compliance with the conditions of this permit. Regulation 4 V AC 15-290-130 states that a permit holder shall comply with all terms and conditions of any permit issued by the Department of Game and Inland Fisheries pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and rehabilitating of any wild bird, wild animal or fish, The penalty for violation of this section is a Class 3 misdemeanor unless another penalty is specified. 16. Wildlife undergoing rehabilitation shall not be displayed or exhibited. This permit does not authorize the use of releasable or non- releasable animals for exhibit or educational use. 17. The permittee is reminded that the welfare of wildlife populations is more important than the welfare of any individual animal, and nothing done in the interest of an individual animal should unnaturally jeopardize healthy wildlife. 18. All wildlife that is being rehabilitated must be kept in separate rooms or buildings from domestic animals. 19, The permittee shall make every effort to avoid taming, or imprinting, wildlife receiving care if the animal is candidate for releasing back into the wild. c:=. May 27, 2003 Page 3 c=.6. 20. The permittee shall not attempt, or be authorized to attempt, wildlife care which is beyond either their expertise or their facilities. 21. Under authority of Section 29.1-545 of the Code of Virginia, it shall be unlawful for any person, firm, association or corporation to possess, sell, offer for sale, or liberate in the Commonwealth any live fur-bearing animal commonly referred to as nutria. 22. The permittee shall abide by the wildlife rehabilitator code of ethics. (See Code of Ethics section) . 23. Permittees shall give any and all changes of name, address, and/or phone number to the VDGIF within no more than seven (7) days of those changes. 24. The primary goal of the permittee is to return injured or orphaned native animals to the wild. Rehabilitated animals, except high-risk rabies animals and deer, should be returned to the area in which they were found or in the county in which they were rehabilitated. High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated; they cannot be transported across county lines, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. Deer must be released in the county in which they were rehabilitated or in an adjacent county, except when specifically allowed by the Director of the Department of Game and Inland Fisheries. SPECIFIC CONDITIONS WHICH ARE APPLICABLE TO CATEGORY I PERMITTEES (In addition to ~ of the general conditions, the following are specific for Category I permittees.) }, May provide care for uninjured, orphaned wildlife (except raptors, predatory animals, or animals requiring unusual expertise or facilities), 2, May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife or orphaned spel?ies not authorized under the Category I permit (except golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from sponsoring Category II or Category III permittee, cooperating veterinarian, agent of the VDGIF, or other individual designated by the VDGIF. 3. In general, a Category I permittee should not solicit contact with the public except upon referral by their sponsoring Category II or Category III permittee, or designees of the VDGIF. Category I permittees who receive animals must contact a Category II permittee within 12 hours of directly receiving animals. 4. Must maintain and provide, as required, a full record of each animal received, including disposition, authorization, and other information. A copy of all records must be provided to the sponsoring rehabilitator. SPECIFIC CONDITIONS WHICH ARE APPLICABLE TO CATEGORY II PERMITTEES (In addition to all of the general conditions, the following are specific for Category II permittees.) 1. May provide care and house for sick, injured, and orphaned wildlife. 2. May receive, transport (see #24 under general conditions), and house (for not more than 24 hours) injured wildlife or orphaned species not authorized under the Category II permit (except golden eagles and threatened or endangered species), providing they have received authorization and necessary instruction, in advance, from cooperating veterinarian, agent of the VDGIF, or other individual designated by the VDGIF. 3. May receive, transport, and hold sick, injured, or orphaned wildlife (threatened or endangered species and golden eagles will be transported to a Category III facility, or other approved facility designated by U. S. Fish and Wildlife Service, within 24 hours.) The care of the animals must be carried out under the general supervision of the cooperating veterinarian or a Category III facility. 4. The permittee shall not prescribe medications or implement procedures beyond basic supportive care without the authorization of the cooperating veterinarian or a Category III facility. 5, The permittee may designate individuals to act under their permits as "Transporters." The authority of "Transporters" is limited to retrieval and delivery of animals directly to Category T, Category II, or Category III permittees, to a veterinarian, or to approved release points when rehabilitation is complete. The permittee is responsible for maintaining a dated log on each transporter, indicating their name, destination, and type of animal(s) transported. The Category IIA permittees may sponsor up to five (5) Category I permittees. The Category lIB permittees may sponsor up to twenty (20) Category I permittees. The Category lIB permittee must be available to sponsor Category I permittees. May 27, 2003 Page 4 7. The Category II permittees must be accessible to the VDGIF and the public for consultation and assistance, including having a working telephone number available to the VDGIF and other appropriate individuals, at all times. 8. The Category II permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the VDGIF's discretion, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 9. The Category II permittees must maintain records on all animals treated by Category I permittees or associated Category II permittees if different from the Category II permittee's own records. SPECIFIC CONDITIONS WHICH ARE APPLICABLE TO CATEGORY III PERMITTEES (In addition to all of the general conditions. the following are specific for Category III permittees.) 1. Permanent staff of the facility, engaged in caring for sick, injured, orphaned, or displaced wild animals, are required to be listed on the facility permit. 2. May receive, transport (see #24 under general conditions), hold, and provide care for sick, injured, or orphaned wildlife, including threatened or endangered species and golden eagles (with the approved federal permits). 3. Any Category III rehabilitator must immediately report to VDGIF all threatened or endangered species and golden eagles that are brought to their facility (See list on pages 15 - 18). Upon being contacted, VDGIF will'decide if the animal must be transported to another facility that can offer specialized care or if the animal may be retained by the current facility. Ifretained, rehabilitation and release of the animal must be coordinated with VDGIF's Regional Non-game Biologists. 4, The permittee may designate individuals to act under their permits as "Transporters." The authority of "Transporters" is limited to retrieval and delivery of animals directly to Category I, another Category II, or a Category III permittee, or to approved release points when rehabilitation is complete. The permittee is responsible for maintaining a dated log on each transporter, indicating their name, destination, and type of animal( s) transported. 5. The Category III permittees may sponsor up to twenty (20) Category I permittees. 6. The Category III permittees may, upon written notice to the VDGIF, terminate the sponsorship of a Category I permittee. At the discretion ofVDGIF, these permittees may be reassigned to another Category II permittee, or have their permits revoked. 7. The Category III permittees must be accessible to the VDGIF and the public for consultation and assistance, including having a working telephone number available to the VDGIF and other appropriate individuals, at all times. 8. The Category III permittees must maintain records on all animals treated by Category I permittees, or Category II permittees, if different from the permittee's own records. CONDITIONS WHICH ARE APPLICABLE TO CATEGORY IV PERMITTEES 1. The Category IV permittee may not care for animals in their own home, and will therefore not need a facility inspection. 2. They must be pre-immunized if they are working with high risk rabies species. 3. Individuals providing care to raptors, predatory animals, or animals requiring unusual expertise, need to have advanced skills and provide proof that they have met the certification requirements necessary for the level of care they are providing. 4. Individuals must attend at least six (6) hours of approved continuing education related to wildlife rehabilitation annually. c== May 27, 2003 Page 5 SPECIAL PROVISIONS Threatened or Endangered Species and Eagles Wildlife should be referred within 24 hours to a Category III facility where full-time veterinary care and appropriate facilities are available unless specifically authorized by the Department. Category I permittees may not possess threatened or endangered species or golden eagles at any time. A list of permitted facilities is maintained by the Department. Exhibited and Educational Use of Non-Releasable Animals The exhibition or educational use of releasable or non-releasable animals is not permitted under rehabilitation permits. To exhibit for educational purposes, a permit to exhibit wildlife is required from the VDGIF. Rehabilitators must remember that animals with visible deformities may not be exhibited and should be euthanized. AU. S. Fish and Wildlife Service (USFWS) Special Purpose Possession Permit is required to exhibit migratory birds and aU. S. Department of Agriculture (USDA) Animal Welfare Act License is required to exhibit mammals. [The Virginia USDA may be reached by writing the United States Department of Agriculture, Eastern Region, APHIS, AC, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606 or by calling (919) 716-5532.] Rehabilitation of High Risk Rabies Species High-risk rehabilitated rabies animals must be released in the county in which they were rehabilitated: they cannot be transported across county lines. Involvement will be a voluntary action that is the personal choice of each licensed rehabilitator. Only pre-immunized handlers will be permitted to handle high-risk rabies animals (raccoons, skunks, foxes, bats, woodchucks). Proof ofimmunization must be provided with the application and will remain on file. All raccoons should be considered rabies exposed!!! If the rescuer, transporter, or handler has been exposed to any of the raccoon's bodily fluids including saliva, tears, or urine, then the animal should be humanely euthanized, and its head and brain should be sent to the public health department for rabies testing. Permittees must abide by all requests for animals made by authorized public health department personnel or animal control personnel. Any wild mammal which bites any person should be humanely euthanized, and have its head and brain submitted to the public health department for rabies testing. To minimize disease potential, cages that are used for transporting or holding raccoons, should not be utilized for other speCIes. RENEWALS Regulation 4 V AC 15-30-7 states that provided that the issuance of a permit renewal has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the Department has acted on such person's application for renewal. To qualify for this allowance, applicants must submit a completed renewal application to the Department at least 30 days prior to the expiration date of the permit. The Department may deny renewal of a permit to any applicant who fails to meet the issuance criteria set forth by the Department. Renewal applications will be mailed approximately two months in advance of the permit's expiration date. FEDERAL. STATE. OR LOCAL LAWS This permit does not absolve the permittee of any responsibilities or conditions of any other federal, state, or local laws and regulations, including those that apply to threatened or endangered species. c:::::=- May 27, 2003 Page 6 CODE OF ETHICS 1. Wildlife rehabilitation is defined as the treatment and temporary care of injured, diseased, and displaced indigenous wildlife, and the subsequent release of health-viable animals into appropriate habitat. 2. A rehabilitator's attitude should be responsible, conscientious, and dedicated. A rehabilitator should continuously work toward improving the quality of care given to wild animals undergoing rehabilitation. 3. A rehabilitator must abide by local, state, and federal laws concerning wildlife, wildlife rehabilitation, and associated activities. 4, A rehabilitator should establish safe work habits and conditions, abiding by current health and safety practices at all times. 5. A rehabilitator should acknowledge his/her limitations, and enlist the assistance of a veterinarian or other trained professional when appropriate. 6. A rehabilitator should respect other rehabilitators, and persons in related fields, sharing skills and knowledge in the spirit of cooperation for the welfare of the animals. 7. . A rehabilitator should place optimum animal care above personal gain. 8. A rehabilitator should strive to provide professional and humane care in all phases of wildlife rehabilitation, respecting the wildness, and maintaining the dignity of each animal in life and in death. Releasable animals should be maintained in a wild condition, and released as soon as appropriate. Non-releasable animals which are inappropriate for education, foster-parenting, or captive breeding (only when Department approved), should be considered for humane euthanasia. 9. A rehabilitator should encourage community support and public education. The common goal should be to promote a responsible concern for living beings, and the welfare of the environment. 10. A rehabilitator should work on the basis of sound ecological principles, incorporating appropriate conservation ethics, and an attitude of stewardship. 11. A rehabilitator should conduct all business and activities in a professional manner, with honesty, integrity, compassion, and commitment, realizing that an individual's conduct reflects on the entire field of wildlife rehabilitation. 12. A wildlife rehabilitator should strive to achieve high standards of animal care through knowledge, and an understanding of the field. Continuing efforts must be made to keep informed of current rehabilitation information, methods, and regulations. May 27, 2003 Page 7 BASIC REQUIREMENTS FOR HOUSING OF WILD ANIMALS INSPECTION - Wildlife held in captivity shall be subjected to inspection by any Virginia game warden or animal warden (county animal control officer). Inspecting officers shall determine whether the said wildlife are adequately fed, sheltered, cleaned, cared for, provided with sufficient space, veterinary care, and securely, properly, and safely penned. In the event that the animal is not adequately cared for, the officer shall report the situation in writing to the person holding such wildlife. Failure of the holder or exhibitor to correct the situation within 24-hours after such written notice will result in revocation of all permits to hold such wildlife. HOLDING CAPTIVE WILDLIFE - All persons keeping wildlife shall be responsible for practicing good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and when necessary, euthanasia, appropriate for the age, species, condition, size, and type of the animal, and the provision of veterinary care, when needed, to prevent suffering or impairment of health. ALL CAPTIVE WILDLIFE SHALL BE PROVIDED WITH: Adequate food to include access to, and provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition; size, and type of each animal, is provided in a clean and sanitary manner, is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species held, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hi be mati on or fasting normal for the species. Adequate water to include provision of and access to clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals but at least once every twelve hours, to maintain normal hydration except as prescribed by a veterinarian or as dictated by naturally occurring state of hi be rnati on or fasting nonnal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. Properly cleaned enclosure to include the removal of carcasses, debris, food waste, and excrement in sufficient frequency to minimize the captive wildlife contract with the above-mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the hazards of disease; and the primary enclosure is cleaned so as to prevent the animals confined therein from being directly, or indirectly, sprayed with the stream of water, or exposed to hazardous chemicals or disinfectants. Proper lighting means sufficient illumination to permit routine inspections, maintenance, cleaning and maintenance of the shelter, and -' observation of captive wildlife; to provide regular diurnal light cycles of either natural or artificial light, uniformly diffused throughout the wildlife holding facilities, and to promote the well-being of the wildlife. Adequate care meaning the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size, and type of the animal, and the provision of veterinary care when needed to prevent suffering, impairment of health or disease transmission. DISINFECTING OF CAGES - While daily removal of feces and urine from mammal cages is necessary to prevent odor, parasite reinfestation, and insect over-population, avian species in large flight aviaries may be cleaned on a less frequent basis, providing there is a regular schedule for cleaning. Some mammals ( i.e., cottontail) have a need to ingest feces. Special arrangements can be made for species who have this need. There are various disinfecting agents used after daily cleaning to properly sanitize the cage. GENERAL CAGE COMMENTS The enclosures suggested, with the exception of conditioning cages, are for short-term (i.e., usually less than six months) housing of rehabilitation animals. The philosophy which dictates cage size presupposes normal recovery times for the patient. None of the confinement or recovery cages are recommended for extended or permanent care. Any bird old enough to perch requires the same size cage as the adult of the species. Enclosures should be made secure against common local predators. Cage design should provide for ease of cleaning, ventilation, light, and temperature control. A separate source of water for drinking and bathing for each enclosure should be provided. May 27, 2003 Page 8 COMMENTS REGARDING AVIAN CAGING - Materials for caging vary within the field. Solid walls for aviaries can be constructed of wood, fiberglass, or their equivalent. Hardware cloth, chicken wire, and chain-link fencing are not recommended if the birds can come into direct contact with them. If vertical wood lath, fiberglass screening, or netting prevent direct contact, then wire on outside can. add extra security. Flooring for aviaries is often pea gravel over sand which should be changed bi-annually, or as needed. Natural flooring is acceptable in very large enclosures but it must be turned and disinfected from time to time. Flooring for small cages may include towels or raised netting over newspaper, newspaper alone, or wood (but not cedar) shavings, depending on the species being housed. Perches can be wood doweling or plastic piping (or the equivalent) covered by v." astroturf, hemp, or indoor/outdoor carpeting. Platforms can be covered with 12" astroturf or indoor/outdoor carpeting. Natural limbs, bow, block, and ring perches are appropriate for certain species of birds. For small confinement, as in a carrier, removable and changeable perches, giving a different resting surface each day, are recommended to avoid confinement sores, CONFINEMENT - designated for initial housing of birds suffering from special problems such as traumatic injuries, post-surgical care, severely debilitating conditions such as shock, toxicity, neurological impairment, or other conditions that require close supervision and management. Confinement cages include airline pet carriers, incubators, padded cages, open boxes that allow for thermo-regulation with heat lamps, etc. These cages should be used when activity must be restricted. RECOVERY - designated to encompass all necessary elements of housing during the initial healing period, including "cage rest" situations. CONDITIONING - designated to provide an opportunity for recuperated birds to improve their strength, develop stamina and coordination, restore muscle tone, and acclimate to ambient weather conditions by swimming, flying, etc. in larger outdoor enclosures. CONSIDERATIONS IN DEFINING A "IAN CAGE SIZES - Although considerable thought and experience determined the cage sizes listed in this program, it is impossible to consider all possibilities in terms of material, design, or size. Caging will be reviewed, on-site, by experienced State Game Wardens who will be concerned with its workability. Since exterior plywood is available in economical and easy to use 4'x 8' sheets, some caging standards have been calculated, using numbers that are based on material size. Maximum volume is achieved with cubic ~ages. Cage sizes specify minimums, but it is best to give the birds the maximum amount of space. Consequently, cages should be built using the size designed for the largest species to be housed, since they will be reused with different species at different times. While the raptor cage information states a minimum rectangular size, it has been found that a semi-circular L-shaped enclosure will often be better to evaluate angling abilities. Equivalent substitution is encouraged. Certainly, in most cases, the usual 7" x 10" x 17" cardboard portable pet carrier is an excellent substitute for the 12" x 12" x 12" cage size listed for initial care of small birds. Intelligent substitution of height and ground area requirements is encouraged. While pheasants and egrets are the same size, one requires height and the other needs ground space. Cages are only specified in cubic footage. It would be very difficult to specify ground room for individual species. Additionally, birds cannot be assigned cage sizes by species, due to variations within species. For example, the Canada goose has at least seven races that are identifiable by size. They range from the giant, which has a six-foot wingspread and breeds in Missouri, to the small mallard size that breeds near the Arctic Circle and winters in California. For this reason, non-raptorial species are housed according to their general size (in this instance, the height of the bird). May 27, 2003 Page 9 CODES FOR SPECIAL CAGING REOUIREMENTS C Birds such as woodpeckers and nuthatches require angled and/or V erticallogs for climbing. Provide suitable materials for clinging birds such as chimney swifts. D Birds with this designation require old logs, etc. as drumming materials. F Special substrate needed. These species are susceptible to foot problems. Depending on the species, padded flooring, towels, sheeting, carpets, kitty litter, crumpled newspaper covered with toweling, sand, or suspended net flooring may be used. H Hides: provide natural vegetative material or man-devised areas for cover. P Requires two or more perches of varied diameter. Pi Piling or shelves required for perching. Q Quiet and extreme privacy required. S . Bathing area required; "kiddies pool" size. So Swimming area required; large pool (deeper than 2'), tank, pond. Provide a resting pilltform in any swimming area. For above ground pools, a ramp covered with astroturf or equivalent should be provided. W Used waterbed, suspended netting, sheepskin padding, or crumpled newspapers (6" high minimum) covered with towels. Z Although larger conditioning cage sizes are preferred for hummingbirds, great care must be taken to seal off small openings or cracks that can act as traps. RELATIONSHIP OF LATIN AND ENGLISH NAMES -/ Gaviiformes Podicipediformes Procellariiformes Pelecanifonmes Ciconiifonmes Anseriformes F alconiformes Galliformes Gruiformes Charadriiformes Columbiformes Psittaciformes Cuculiformes Strigiformes Caprimulgiformes Apodiformes Coraciiformes Piciformes Passeriformes May 27, 2003 Loons Grebes Petrels, Shearwaters Pelicans, Gannets, Boobies, Cormorants Bitterns, Herons, Egrets Swans, Geese, Ducks Vultures, Hawks, Ospreys, Falcons Pheasants, Quails Rails, Coots. Cranes Gulls, Terns, Plovers, Sandpipers, Alcids Pigeons, Doves Parrots Cuckoos, Roadrunners Owls Nighthawks, Goatsuckers Hummingbirds, Swifts Kingfishers Woodpeckers Perching and Songbirds Page 1 0 MINIMUM HOUSING GUIDELINES FOR NON-RAPTOR AVIAN SPECIES - Although considerable thought and experience determined the cage sizes listed in this program, it is impossible to consider all possibilities in terms of material, design, or size. Caging will be reviewed, on-site, by experienced State Game Wardens who will be concerned with its workability. Family Height (inches) Confinement Recovery Conditioning Codes Gaviiformes :t24 24" x 24" x 24" 4' x 4' x 8' Swim Area Sl, W Podicipediforrnes <9 12" x 12" x 12" 18" x 18" x 18" Swim Area S,F >9 18" x 18" x 18" 24" x 24" x 24" Swim Area Sl, W Procellariiforrnes <12 12" x 12" x 12" 18" x 18" x 18" Swim Area S,P,F 12-18 18" x 18" x 18" 24" x 24" x 24" Swim Area Pi, Sl, Sp, F >18 36" x 36" x 36" 4' x 4' x 4' Swim Area W,Sl,Sp,F Pelecaniforrnes <36 36" x 36" x 36" 4'x4'x4' Swim Area Pi, Sl, Sp, F >36 48' x 36" x 36" 4' x 4' x 8' Swim Area Pi, Sl, Sp, F Ciconiiforrnes <20 24" x 24" x 24" 24" x 24" x 24" 4' x 4' X 8' S,P,F,Q >20 36" x 36" x 36" 36" x 36" x 36" 4' x 4' x 8' S,P,F,Q Anseriformes <20 24" x 24" x 24" 36" x 36" x 36" Pen/pool S,F 20-30 36" x 36" x 36" 4' x 4' x 8' Pen/pool S,F >30 4' x 4' x 8' 4' X 8' x 8' Swim Area Sl, F Galliformes <20 24" x 24" x 24" 36" x 36" x 36" 4' x 4' x 8' H >20 36" x 36" x 36" 4' x 4' X 8' 4' x 4' X 8' H Gruiformes <9 12" x 12" x 12" 18" x 18" x 18" 4' x 8' x 8 H >9 18" x 18" x 1.8" 24" x 24" x 24" 4' x 8' X 8' H Charadriiforrnes <9 12" x 12" x 12" 18" x 18" x 18" 4' x 8' X 8' H,Pi 09-15 18" x 18" x 18" 24" x 24" x 24" 4' x 8' x 8' H,Pi 15-20 24" x 24" x 24" 36" x 36" x 36" 8' x 8' X 8' H, S,Pi 20-30 36" x 36" x 36" 4' x 4' X 4' 16' x 8' x 8' H, S,Pi Columbiformes :t9 12" x 12" x 12" 12" x 12" x 12" 16' x 8' x 8' Cuculiformes <12 18" x 18" x 18" 24" x 24" x 24" 8' x 8' x 8' >12 24" x 24" x 24" 36" x 36" x 36" 16' x 8' x 8' Caprimulgiforrnes :t9 12" x 12" x 12" 12" x 12" x 12" 8' x 8' X 8' P Apodiforrnes <9 12" x 12" x 12" 12" x 12" x 12" 4' x 8' x 8' P,C,Z -., Coraciiforrnes <9 12" x 12" x 12" 18" x 18" x 18" 4' x 8' x 8' S, Pi Piciformes <9 12" x 12" x 12" 18" x 18" x 18" 4' x 8' x 8' C,D 09-15 18" x 18" x 18" 24" x 24" x 24" 16' x 8' x 8' C,D Passeriformes <9 12" x 12" x 12" 18" x 18" x 18" 4' x 8' x 8' P 9-15 18" x 18" x 18" 24" x 24" x 24" 8' x 8' X 8' P >15 24" x 24" x 24" 36" x 36" x 36" 16' x 8' x 8' P MINIMUM HOUSING GUIDELINES FOR RAPTORS Although considerable thought and experience determined the cage sizes listed in this program, it is impossible to consider all possibilities in terms of material, design, or size. Caging will be reviewed, on-site, by experienced State Game Wardens who will be concerned with its workability . SPECIES Fa1coniformes Turkey/ Black Vulture Northern Goshawk Cooper's Hawk Sharp-shinned Hawk Northern Harrier Rough-legged Hawk Fenuginous Hawk Red-tailed Hawk Red-shouldered Hawk Swainson's Hawk Broad-winged Hawk Harris' Hawk - Golden Eagle Bald Eagle Osprey INITIAL CARE 36" x 36" x 36" 24" x 16" x 24" 18" x 14" x 18" 18" x 14" x 18" 18" x 14" x 18" 22" x 16" x 21" 22" x 16" x 21" 22"x16"x21" 22" x 16" x 21" 22"x16"x21" 18" x 14" x 14" 22" x 16" x 21" 36" x 36" x 36" 36" x 36" x 36" 36" x 36" x 36" May 27, 2003 Page 11 RECOVERING 72" x 72" x 48" , 24" x 24" x 24" 24" x 18" x 24" 24" x 18" x 24" 24" x 18" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 18" x 24" 24" x 24" x 24" 72" x 72" x 48" 72" x 72" x 72" 72" x 72" x 48" CONDITIONING 20' x 10' xIS' 20' x 10' X IS' IS' X 8' x 8' IS' X 8' x 8' 20' x 10' xIS' 20' x 10' xIS' 20' x 10' X 15' 20'x 10'x 15' 20' x 10' X 15' 20'x 10'x 15' 15' x 8' x 8' 20' X 10' x 15' 40' x 20' x 20' 40' x 20' x 20' 40' x 20' x 20' Gyrfalcon Prairie Falcon Peregrine Falcon Merlin American Kestrel Strigiformes Northern Screech Owl Great Homed Owl Long-eared Owl Short-eared Owl Barn Owl Snowy Owl Barred Owl . Spotted Owl Great Gray Owl Northern Hawk Owl Burrowing Owl Boreal Owl Northern Saw-whet Owl Flammulated Owl Northern Pygmy Owl Elf Owl 22"xI6"x21" 22"x 16"x21" 22"xI6"x21" 18" x 14" x 18" 17" x 17" x 10" 17" x 7" x 10" 22"xI6"x21" 18" x 14" x 18" 18" x 14" x 18" 18" x 14" x 18" 22"xI6"x21" 22"xI6"x21" 22"xI6"x21" 36" x 36" x 36" 18" x 14" x 18" 17" x 7" x 10" 17" x 7" x 10" 17" x 7" x 10" 17" x 7" x 10" 17" x 7" x 10" 17" x 7" x 10" LISTED IN ORDER: .Length x Width x Height May 27, 2003 Page 12 24" x 24" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 18" x 24" 1 7" x 17" x 17" 17" x 17" x 17" 24" x 24" x 24" 24" x 18" x 24" 24" x 18" x 24" 24" x 18" x 24" 24" x 24" x 24" 24" x 24" x 24" 24" x 24" x 24" 72" x 72" x 48" 24" x 18" x 24" 17" x 17" x 17" 17" x 17" x 17" 17" x 17" x 17" 17" x 17" x 17" 17" x 17" x 17" 17" x 17" x 17" 20' X 10' xiS' 20' x 10' xIS' 20' x 10' xIS' 15' x 8' x 8' 10' X 8' x 8' 8' x 8' x 6' 25' X 10' x IS' 15' X 8' x 8' 15' X 8' x 8' 15' x 8' x 8' 20' x 10' X IS' 20' x 10' x 15' 15' x 8' x 8' 20' x 10' x 15' 15' x 8' x 8' 8' x 8' x 6' 8' x 8' x 6' 8' x 8' x 6' 8' x 8' x 6' 8' x 8' x 6' 8' x 8' x 6' MINIMUM HOUSING GUIDELINES FOR REPTILES AND AMPHIBIANS These guidelines are currently being developed and will be distributed upon completion. MINIMUM HOUSING GUIDELINES FOR SELECTED MAMMALS Comments on Mammal Housing - Although considerable thought and experience determined the cage sizes listed in this program, it is impossible to consider all possibilities in terms of material, design, or size. Caging will be reviewed, on-site, by experienced State Game Wardens who will be concerned with its workability. The following are suggested building materials for outdoor cages. Walls are generally made of chain-link fencing, welded wire, or wood. When wooden cages are used, they should be water-sealed. Welded wire sizes are as follows: W' x Y2" for small rodents and opossums (lOOg or less); W' x I" for squirrels; and I" x I-W' for raccoons and larger mammals. Roofing materials are the same with a covered area that provides protection from the elements. Fiberglass is sometimes used on top of the wire to provide protection. The flooring depends on the species being housed. Concrete flooring should be sloped for proper drainage. If natural flooring is utilized, wire fencing should be placed under the cage and be covered with a draining gravel. Wood shavings can be used if they are changed regularly. All doors should be equipped with a double door system for the protection of the handler and the animal. A den should be provided for the animal. Raccoons should have a dedicated enclosure to avoid spreading disease to other species; examples can include a wooden box, fiberglass, or plastic animal carrier. Rodents: Specific Species Requirements Raccoons: Bobcats Muskrats, Otters, Beavers: Hooved Mammals: Bear: Marine Mammals: May 27, 2003 Logs for gnawing to curb tooth growth; bark must be edible. Some species may utilize dirt for burying food, dust baths, etc. A source of calcium (i.e. a cuttlebone or antler) could also be provided. Hammocks made of fabric, hanging tires, etc. attached to wall or roof; tree limbs and logs to promote climbing; provide a wading pool or water container applicable to the animal's size to allow bathing and food handling. Large branches and logs (some hollow) should be provided for climbing; high platforms forresting above the cage floor. Must have water containers that are large enough to swim in and are at least two feet deep; examples include bathtubs, metal troughs, metal or concrete pools (plastic kiddie pools are not deep enough and will be destroyed by the animal); Heavy fiberglass stock tanks with drain in bottom work well. Container of soil at least one foot deep should be provided for digging. A den for hiding should be provided. If chain link is used for the walls, drapes must be hung over the inside of the chain link to avoid injury to the animal, and to keep it from climbing out (i.e., blankets tied securely or tarps). General practice is to take deer from injured adult caging to release in an effort to prevent cage trauma. Den should be made of concrete blocks or bricks (8' x 8' x 6') and attached to the wall of the cage. This will house one adult or two juveniles. Heavy logs and a large indestructible tub for bathing are also necessary. Shall be housed in accordance with APillS (Animal and Plant Health Inspection Service) Standards. Page 13 The following guidelines are meant to give guidance on minimum housing requirements for the rehabilitation of various species of eastern mammals. All cage sizes are indicated in feet and are in order oflength x width x height. Abbreviations are as follows: PP cardboard portable pet carrier; L one litter; gaL size of an aquarium tank; (S) number of animals per enclosure. SPECIES W oodrat Cottontail Mice Gray/Fox Squirrel Flying Squirrel Chipmunk Muskrat WeaseVMink/Skunk SPECIES Raccoon Opossum Gray Fox Red Fox Woodchuck Bobcat River Otter Fisher Marten Beaver Bear White-tailed Deer May 27,2003 INITIAL CARE NURSING JUVENILE (1) 15 gal. (1) 15 gal. (1) PP (1) PP 10 gal. aquarium or lab caging - 1 adult or 1 litter (1) PP (L) PP (L) PP (L) PP (1) PP (L) PP (1) PP (1) PP (1) PP (1) PP (1) 4 x 6x 2 (L) 4 x 6 x 2 (L)4x6x4 (1)4x6x2 (L) 2 x 2 x 2 (2) 4 x 6 x 2 (1)3x3x3 NURSING EYES CLOSED ADULT (1)4x6x2 (1) 4 x 6 x 2 (1)4x6x6 (1)4x3x4 (1)2x2x2 (1) 4 x 6 x 2 (l)3x3x3 INITIAL OUTSIDE INJ. ADULT ADULT WEANING JUVENILE (L) PP (L) PP (L) PP (L) PP (L) 3 x 3 x 3 (L) PP (L) 6 x 8 x 6 (L) PP (L) PP (L) PP (L) PP (3) 3 x 3 x 3. (4)4x6x5 (1)2x3x3 (L) 3 x 3 x 3 (1) 4 x 4 x 8 (1)2x2x2 (L) 3 x 3 x 3 (2-3) 4 x 8 x 6 (1)2x2x2 (1) 3 x 3 x 3 (2-3) 4 x 8 x 6 (1)2x2x2 (I) 3 x 3 x 3 (1) 8 x 8 x 6 (1)3x3x3 (2) 3 x 3 x 3 (2) 8 x 8 x 6 (1)3x3x3 (L) 6 x 12 x 6 (1)3x3x3 (1)6xI2x6 (1)3x3x3 (1) 6 x 8 x 6 (1)4x3x3 (1)3x3x3 (1) 4 x 8 x 6 (1)2x2x2 (L) 3 x 3 x 3 (L) 8 x 12 x 6 (1) 4 x 3 x 3 (L) 3 x 6 x 3 (L) 8 x 12 x 8 (1)8xI2x8 (4)IOxI5x6 (6) 30 x 50 x 6 (1)8x 8x8 (1-2) 4 x 4 x 2 Page 14 (1) 4 x 8 x 8 (1) 4 x 4 x 8 (2-3) 4 x 8 x 6 (2-3) 4 x 8 x 6 (1)8x8x6 (2) 8 x 8 x 6 (1) 6 x 8 x 6 (1) 4 x 8 x 6 (1) 8 x 12 x 6 (1) 20 x 36 x 16 Common Name FRESHWATER FISHES: Ashy darter Atlantic sturgeon Blackbanded sunfish Blotchside logperch Bluebreast darter Bluestone sculpin Bridle shiner Brook silverside Candy darter Carolina darter Channel darter Dusky tail darter Emerald shiner Fatlips minnow Greenfin darter Kanawha minnow Longhead darter Mirror shiner arangefin madtom Paddlefish Popeye shiner River redhorse Roanoke bass Roanoke logperch Roughhead shiner Rustyside sucker Sauger Sharphead darter Shortnose sturgeon Slender chub Speckled killifish Spotfin chub Spotted madtom Steelcolor shiner Stonecat Tennessee dace Tippecanoe darter variegate darter Western sand darter Whitemouth shiner Yellowfin madtom Virginia Department of Game and Inland Fisheries Special Status Species in Virginia* Sublist of Species for Wildlife Rehabilitators Scientific Name Etheostoma cinereurn Acipenser oxyrhynchus Enneacanthus chaetodon percina burtoni Etheostorna carnururn Cottus sp. (undescribed) Notropis bifrenatus Labidesthes sicculus Etheostorna osburni Etheostorna collis percina copelandi Etheostorna sp. [percnururnJ Notropis atherinoides Phenacobius crassilabrurn Etheostorna chlorobranchiurn' Phenacobius teretulus percina rnacrocephala Notropis spectrunculus Noturus gilberti Polyodon spathula Notropis ariornrnus Moxostorna carina turn Ambloplites cavifrons percina rex Notropis semperasper Moxostorna harniltoni Stizostedion canadense Etheostorna acuticeps Acipenser brevirostrurn Erirnystax cahni Fundulus rathbuni Cyprinella monacha Noturus insignis ssp. (undescribed) Cyprinella whipplei Noturus flavus Phoxinus tennesseensis Etheostorna tippecanoe Etheostorna varia turn Arnrnocrypta clara Notropis alborus Noturus flavipinnis Status' sac sse SE sse sse soc ssc sse soe/ssc ST sse FE ST sse ST soc sT/soe sse ST/SOC sT/soe sse sse sse FE soe/ssc sse sse SE FE FT sse FT soe ST sse SE ST SE ST ST FT , FE=Federal Endangered; FT=Federal Threatened; PE=Federal Proposed Endangered; FC=Federal Candidate; SOC=Federal Species of Concern (not a legal status); SE=State Endangered; ST=State Threatened; SSC=State Special Concern (not a legal status) * Effective 1 January 2001 11/16/2001 dsd May 27, 2003 Page 15 Virginia Department of Game and Inland Fisheries Special Status Species in Virginia* Sublist of Species for Wildlife Rehabilitators Common Name Scientific Name AMPHIBIANS: Froqs Barking treefrog Carpenter frog Oak toad Hyla gratiosa Rana virgatipes Bufo quercicus Salamanders Cow Knob salamander Eastern hellbender Eastern tiger salamander Mabee's salamander ,Mole salamander Peaks of Otter salamander Pigmy salamander Shenandoah salamander Shovelnose salamander Weller's salamander Plethodon punctatus Cryptobranchus a. alleganiensis Ambystoma tigrinum Ambystoma mabeei Ambystoma talpoideum Plethodon hubrichti Desmognathus wrighti Plethodon shenandoah Leurognathus marmoratus Plethodon welleri ventromaculatus REPTILES: Lizards Eastern glass lizard Ophisaurus ventralis Snakes Canebrake rattlesnake Mountain earth snake Northern pine snake Crotalus horridus Virginia valeriae pulchra Pituophis melanoleucus melanoleucus Turtles Atlantic green sea turtle Bog turtle Eastern chicken turtle Hawksbill sea turtle Kemp's Ridley sea turtle Leatherback sea turtle Loggerhead sea turtle Northern diamondback terrapin Wood turtle Chelonia mydas Clemmys muhlenbergii Deirochelys reticularia Eretmochelys imbricata Lepidochelys kempi Dermochelys coriacea Caretta caretta Malaclemys terrapin terrapin Clemmys insculpta Status1 ST sse sse soc/sse soc/sse SE ST sse soc/ssc sse FE sse sse ST SE sse soe FT sE/Fe SE FE FE FE FT soe ST 1 FE=Federal Endangered; FT=Federal Threatened; PE=Federal Proposed Endangered; FC=Federal Candidate; SOC=Federal Species of Concern (not a legal status); SE=State Endangered; ST=State Threatened; SSC=State Special Concern (not a legal status) * Effective 1 January 2001 11/16/2001 dsd May 27, 2003 Page 16 Virginia Department of Game and Inland Fisheries Special Status Species in virginia* Sublist of Species for Wildlife Rehabilitators Common Name BIRDS: Alder flycatcher Bachman's sparrow Bachman's warbler Bald eagle Scientific Name Bewick's wren Black rail Brown creeper Brown pelican Caspian tern Cerulean warbler Common barn-owl Common moorhen Dickcissel Forster's tern Glossy ibis Golden-crowned kinglet Golden-winged warbler Great egret Gull-billed tern Henslow's sparrow Hermit thrush Kirtland's warbler Least tern Little blue heron Loggerhead shrike Long-eared owl Magnolia warbler Mourning warbler Northern goshawk Northern harrier Northern saw-whet owl Peregrine falcon Piping plover Purple finch Red crossbill Red-breasted nuthatch Red-cockaded woodpecker Roseate tern Sandwich tern Sedge wren Sharp-tailed sparrow Swainson's warbler Tricolored heron Upland sandpiper Wilson's plover Winter wren Yellow-bellied flycatcher Yellow-crowned night-heron Empidonax alnorum Aimophila aestivalis Vermivora bachmanii Haliaeetus leucocephalus (See note A below for Thryomanes bewickii altus Laterallus jamaicensis Certhia americana Pelecanus occidentalis carolinens Sterna caspia Dendroica cerulea Tyto alba Gallinula chloropus cachinnans Spiza americana Sterna forsteri Plegadis falcinellus Regulus satrapa vermivora chrysoptera Casmerodius albus egretta Sterna nilotica Ammodramus henslowii Catharus guttatus Dendroica kirtlandii Sterna antillarum Egretta caerulea caerulea Lanius ludovicianus Asio otus Dendroica magnolia Oporornis philadelphia Accipiter gentilis Circus cyaneus Aegolius acadicus Falco peregrinus Charadfius melodus Carpodacus purpureus Loxia curvirostra Sitta canadensis Picoides borealis Sterna dougallii Sterna sandvicensis.acuflavidus Cistothorus platensis Ammodramus caudacutus Limnothlypis swainsonii Egretta tricolor Bartramia longicauda Charadrius wilsonia Troglodytes troglodytes Empidonax flaviventris Nyctanassa violaceus violaceus Status' sse ST/soe FE ST effective date) SE/SOe soe sse sse sse soe sse sse sse sse sse sse sse sse ST ST/soe sse FE sse sse sT/soe sse sse sse soe sse sse ST FT sse sse sse FE FE sse sse sse sse sse ST SE sse sse sse , FE=Federal Endangered; FT=Federal Threatened; PE=Federal Proposed Endangered; FC=Federal Candidate; SOC=Federal Species of Concern (not a legal status); SE=State Endangered; ST=State Threatened; SSC=State Special Concern (not a legal status) * Effective 1 January 2001 11/16/2001 dsd May 27, 2003 Page 17 Virginia Department of Game and Inland Fisheries Special Status Species in Virginia* Sublist of Species for Wildlife Rehabilitators Common Name MAMMALS: Appalachian cottontail Delmarva Peninsula tox squirrel Dismal Swamp southeastern shrew Eastern big-eared bat Eastern cougar Eastern woodrat Gray bat Gray wolf Indiana bat Marsh rabbit Northern flying squirrel Rafinesque's big-eared bat River otter Rock vole . Small star-nosed mole Small-footed myotis Smith's Island cottontail Snowshoe hare Virginia big-eared bat Water shrew MARINE MAMMALS: Blue whale Fin whale West Indian (Florida) manatee Humpback whale Northern right whale Sei whale Sperm whale Scientific Name Status' Sylvilagus obscurus Sciurus niger cinereus Sorex longirostris fisheri Plecotus rafinesquii macrotis Felis concolor couguar Neotoma floridana magister Myotis grisescens Canis lupus Myotis sodalis Sylvilagus palustris palustris Glaucomys sabrinus fuscus Plecotus refinesquii Lutra canadensis lataxina Microtus chrotorrhinus Condylura cristata parva Myotis leibii Sylvilagus floridanus hitchensi Lepus americanus Plecotus townsendii virginianus Sorex palustris sac FE ST SE FE sac FE FE FE SSC FE sac ssc SE/SaC ssc sac sac SE FE SE/sac Balaenoptera musculus Baleanoptera physalus Trichechus manatus Megaptera novaeangliae Eubalaena glacialis Balaenoptera borealis Physeter catodon FE FE FE FE FE FE FE , FE=Federal Endangered; FT=Federal Threatened; PE=Federal Proposed Endangered; FC=Federal Candidate; SOC=Federal Species of Concern (not a legal status); SE=State Endangered; ST=State Threatened; SSC=State Special Concern (not a legal status) Note A: Notwithstanding the prospective removal of the bald eagle from the federal list of endangered or threatened species, the bald eagle continues to be threatened in the Commonwealth of Virginia, and is hereby declared to be a threatened species in Virginia effective as of, and simultaneously with, the date of its removal from the federal list. * Effective 1 January 2001 11/16/2001 dsd May 27, 2003 Page 18 Item #20 City of Virginia Beach An Ordinance to amend Sections 111, 401, 501, 601, 801, 901 and Adding Sections 242.3 and 242.4 of the City Zoning Ordinance Establishing definitions of Home-Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center and establishing specific Standards and applicable districts for each use. March 14,2007 CONSENT Barry Knight: The next item we have slated is agenda item 20, which is the City of Virginia Beach. An ordinance amending Sections 111,401,501,601,801,901 and adding Section 242.3 and 242.4 of the City Zoning Ordinance esta~lishing definitions of Home-Based Wildlife Rehabilitation Facility and Wildlife Rehabilitation Center and establishing specific standards and applicable districts for each use. In this application, there was a timeframe of 60 days. That has been taken out and it will be superceded by the State and Federal rules that say 180 days. So, the Commission has stated as the ordinance as written, they would like to put it on the consent agenda. Is there any objection to anyone in the audience from putting this on the consent agenda? Okay. Mr. Clay Bernick, could I get you to come up here please? Clay Bernick: .Yes. Mr. Chairman? Barry Knight: We have slated to put this on the consent agenda status with the noted change of taking the 60 days out. We don't note any objection from anyone in the audience today. If it is placed on the consent agenda, then it will pass as presented with the 180 days out. I don't mean to put you on the spot, but will you give us a short synopsis of this ordinance? Clay Bernick: Yes sir. I'll be glad to do that. As you are all aware, this first came to you and was deferred at the January meeting. Since that time, we have had a group meeting on several occasions with City staff and the Attorney's office and the Planning Department, myself, a representative form the Planning Commission, and representatives from the Virginia Beach SPCA, and a number of the local wildlife rehabilitators. In working through the draft ordinance that had been deferred in January, we identified a number of minor revisions, really to the original draft, to address things such as what animals would be housed? Where? How long they could be housed? Safeguards for the adjoining property owners, in terms of noise, odor, waste disposal, health inspections, issues related to both Federal and State oversight, as well as how the City would handle inspection and enforcement of the Use Permit. And through that process, we came up with a consensus document we felt really did two things. One, it safeguards the property owners who may have concerns at looking to buy, but also provides a framework that folks that really provide a really valuable service in our community to work within. That balancing act resulted in the draft that was originally in your agenda, and then of course, the change was made for 180 days. With that, we believe that we're moving in the right direction. As many of you have learned through this process, it is a very complicated Item #20 City of Virginia Beach Page 2 issue in terms of the kind of permitting and certification that rehabilitators need to obtain to operate. They do a lot of this primarily out of their own pocketbook. What we hope to be able to do in the future is identify a site where a facility can be placed that would alleviate some of the longer-term care needs that rehabilitators in a residential area will have, but at this time, we don't have that yet. We're setting in place the mechanism to do that through the Use Permit process. Barry Knight: Thank you Mr. Bernick. Also, it's noted that you, as a representative of the city are still exploring a place for our wildlife rehabilitation center. ' Clay Bernick: Yes sir, very much so. We hope to be able to make some progress within the next year, and get back to you and give you an update as well. Barry Knight: Thank you Mr. Bernick. Clay Bernick: I want to thank the staff in general, but also the Planning Commission for your expertise and assistance in working with the community on this. We really appreciate it. Barry Knight: Thank you. Mr. Secretary. Joseph Strange: Yes. I would like to make a motion that we approve item 20. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? There is a second by Mr. Horsley. I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 9-0, the Board has approved item 20 for consent. .yMel>~ ..?oo 7' TOTAL P.01 L. APPOINTMENTS HEAL TH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE TOWING ADVISORY BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 10, 2007 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I-A BRIEFING: PATRIOTIC FESTIVAL James Ricketts, Director - Convention and Visitors Bureau T AXl OPERA nONS Charles Meyer, Chief Operating Officer SPORTSPLEX Cindy Curtis, Director - Department of Parks and Recreation II/IIII IVN, VI-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y F-I MINUTES - April 3, 2007 APPROVED 9-0 A Y Y Y Y Y A Y Y Y Y B S T A I N E D G/H-I PUBLIC HEARING INSTALLMENT PURCHASE AGREEMENT for NO SPEAKERS acquisition of ARP Easement - 1877 Pleasant Ridee Road I1J-1 Ordinance to AMEND ~ 21-407 of City Code re ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y charges for towing/storage of vehicles. CONSENT 2 Ordinance re ACCEPTANCE of Deed to ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y Lynnhaven House at Wishart Road CONSENT 3 Ordinance to AUTHORIZE City Manager to ADOPTED BY 8-2 A N Y Y Y N Y Y Y Y Y EXECUTE Installment Purchase Agreement CONSENT with James T. Morris/Margaret Morris CreechlNelson E. MorrislPatricia Morris Trowbridge at 1877 Pleasant Ridge Road. DISTRICT 7 - PRINCESS ANNE 4 Ordinance to AUTHORIZE City Manager ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y execute Dredged Material Disposal Area Use CONSENT Agreement re residents disposing of dredged material in City-owned Whiteburst Borrow Pit Disposal Area. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 10, 2007 M B L D C E L E D H C R A W PAGE: 2 S 1 E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 5 Ordinance to AUTHORIZE temporary ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y encroachment into Treasure Cove/Canal for CONSENT JEFFREY J./DEBORA 1.. BERGER at 2405 Snindrift Road DISTRICT 5 - L YNNHA VEN 6 Ordinance to REQUEST VDOT establish traffic ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y signal re~iminglACCEPT grants of CONSENT $1,756,0911APPROPRIATE $555,791 in FY 2006-07 for infrastructure 7 Ordinance to TRANSFER $167,974 ADOPTED BY 10-0 A Y Y Y Y Y Y Y Y Y Y I APPROPRIATE $53,732 for purchase of CONSENT generator for Recovery Center/Law Enforcement Traininl!: Academv K-I KINGS GRANT CITGO Modification of DEFERRED 10-0 A Y Y Y Y Y Y Y Y .y Y Conditions for CUP at 428 North Lynnhaven lNDEFlNITEL Y Road/add two (2) drive-through service bays. BY CONSENT DISTRICT 5 LYNNHAVEN 2 A V ALON CHURCH OF CHRIST MODIFIEDI 10-0 A Y Y Y Y y. Y Y Y Y Y Modification of Conditions for CUP at 844 CONDITIONED Woodstock Road/additional on-site BY CONSENT parking/modular structure. DISTRICT 2 - KEMPSVILLE 3 ROBERT/BERNICE DUMAS exDansion of APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y Nonconforminf! Use/ enlarge home at 23 18 CONDITIONED Calvert Street. DISTRICT 5 - L YNNHA VEN BY CONSENT 4 ZION CITY OF DELIVERANCE DEFERRED TO 10-0 A Y Y Y Y Y Y Y Y Y Y OUTREACH CUP for church at 5405 Indian APRIL 24, 2007 River Road. DISTRICT 1- CENTERVILLE BY CONSENT 5 CALVARY CHAPEL OF V A BEACH CUP for APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y church at 5228 Indian River Road, DISTRICT 2 - CONDITIONED KEMPSVILLE BY CONSENT 6 WARDS CORNER BEAUTY ACADEMY, APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y INC. CUP for beauty school at 544 Newtown CONDITIONED Road. DISTRICT 2 - KEMPSVILLE BY CONSENT 7 Application of BAYS IDE CHURCH OF APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y CHRIST CUP/ church at 5025 Shell Road. CONDITIONED DISTRICT 4 - BA YSIDE BY CONSENT 8 CITY OF V A BEACH CUP/filling borrow pit APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y at Oceana Boulevard/Credle Road. DISTRICT 6 - CONDITIONED BEACH BY CONSENT L APPOINTMENTS HEALTH SERVICES ADVISORY BOARD RESCHEDULED B Y C 0 N S E N S U S MINI ADJOURNMENT 6:37 PM 0 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: April 10, 2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 17 (Worksbop) April 19 (Public Hearing) April 24 (Worksbop) Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room April 24 (Public Hearing) Council Chamber at 6:00 p.m. May 1 (Workshop) Council Conference Room May 8 (Reconciliation Workshop) Council Conference Room May IS (Adoption) Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE - Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20