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NOVEMBER 13, 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 I 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 HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 13 NOVEMBER 2007 I. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. 1-264 PROJECT Bill Cashman, Branch Manager, URS Corporation II. CITY MANAGER'S BRIEFINGS A. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 First Quarter Update Patti Phillips, Director, Finance B. NOISE ZONE 65-70 dB DNL DEVELOPMENT William Macali, Deputy City Attorney III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION 5:00 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. Obemdorf B. INVOCATION: Reverend Robert Sharp, Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 6, 2007 G. MAYOR'S PRESENTATION 1. MAYOR'S YOUTH COUNCIL H. AGENDA FOR FORMAL SESSION 1. PUBLIC HEARINGS 1. SCHOOL CAPITAL PROJECTS $7.6 Million in Supplemental Appropriations 2. SOLID WASTE DISPOSAL Flow Control J. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution to AUTHORIZE the City Manager to execute a $100,000 Grant application to the Virginia Land and Water Conservation Fund for purchase of 14.7 acres in the Lake Lawson and Lake Smith natural areas re Open Space Acquisition 2. Ordinance to AUTHORIZE the City Manager to execute a Deed of Conveyance of two lots to the School Board re the new Virginia Beach Middle School site 3. Ordinance to ACCEPT a donation of artwork from Dr. Deborah Wood to be installed in Central Park at Town Center 4. Ordinance to APPROPRIATE $14,690,129 in FY 2006-07 School Reversion Funds to various accounts in the FY 2007-08 School Operating and Capital Budgets L. PLANNING 1. Application of NEW GENERATION WORSHIP CENTER for a Conditional Use Permit re a church at 6200 Pardue Court DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 2. Application of J.D. WILLIAMS CONSTRUCTION, INC. for a Change of Zoninf! District Classification from R-15 Residential District to AG-2 Agricultural District to allow for a structure of 41.5 feet in height at 2672 Highland Drive DISTRICT 1 CENTERVILLE RECOMMENDATION APPROVAL 3. Applications of TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Variance to S5B of the Site Plan Ordinance, Floodplain Regulations, re parking lot improvements b. Change of Zoninf! District Classification from R-20 Residential District to Conditional 0-1 Office District RECOMMENDA nON APPROVAL 4. AMEND SS III and 205 of the City Zoning Ordinance (CZO) to define "major recreational equipment" and RESTRICT the locations where such may be stored RECOMMENDATION APPROVAL M. APPOINTMENTS RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY COUNCIL'S SCHEDULE 2007 December 4 Briefing, Informal, Formal, Planning, Open Dialogue December 11 Briefing, Informal, Formal, Planning 2008 January 8 Briefing, Informal, Formal, Planning, Open Dialogue January 15 Location to be Announced -7:15 pm SrormwarerPfunsandFundmg January 22 Briefing, Informal, Formal, Planning ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 1l/13f07st www.vbgov.com 1. CITY COUNCIL'S BRIEFING - Conference Room- 2:00 PM A. 1-264 PROJECT Bill Cashman, Branch Manager, URS Corporation II. CITY MANAGER'S BRIEFINGS A. 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 2008 First Quarter Update Patti Phillips, Director, Finance B. NOISE ZONE 65-70 dB DNL DEVELOPMENT William Macali, Deputy City Attorney III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf 5:00 PM 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 Robert Sharp, Pastor Charity United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 6, 2007 G. MAYOR'S PRESENTATION 1. MAYOR'S YOUTH COUNCIL H. AGENDA FOR FORMAL SESSION 1. PUBLIC HEARINGS 1. SCHOOL CAPITAL PROJECTS $7.6 Million in Supplemental Appropriations 2. SOLID WASTE DISPOSAL Flow Control NOTICE OF PUBLIC HEARING Amendment to the FY 2007 -08 Capital Budget: Supplemental Appropriation of $7,600,000 to Various School Capital Projects On Tuesday, November 13th, 2007, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2007-2008 Capital Budget. The Public Hearing will be held at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia. I At this meeting, the City Council will be voting on amendments to the Capital Budget I totaling $7,600,000, which sum is proposed to be appropriated to the Capital Budget from School Reversion Funds. The supplemental appropriation to the Capital Budget of $7,600,000 is being proposed to the following capital projects: Project Description Instructional Technology School Operating Budget Support for Various School Plant Projects Amount $3,600,000 $2,000,000 ; " .i ~ :i Renovations and Replacement - Re-roofing Renovation & Replacement - HVAC Replacement High School Education Specifications TOTAL $850,000 $1 ,000,000 $150,000 $7,600,000 " ! i ! 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 l and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. -~&"';-... ~ ~~ i Ruth Hodges Fraser, MMC ..~ _ - .~ City Clerk {~~.~ ~?lJ:; i ~~ ..~ ~ Ad IDf17859566 Date 110/30/2007 Time 12:10 PM.. PUBLIC HEARING FLOW CONTROL On November 13, 2007, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, 2401 Courthouse Drive, Virginia Beach. Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING on a proposed ordinance requiring all solid waste generated or collected within the City of Virginia Beach to be disposed of at the facilities of the Southeastern Public Service Authority or such other publicly owned and operated facility designated by the Director of Public Works. If adopted, such ordinance will not apply to certain types of solid waste, more fully described in the aforesaid ordinance. 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 matter should be directed to the Department of Public Works, Waste Management Division, 3024 Holland Rd, Virginia Beach, VA 23453, telephone (757) 385-4650. A copy of the proposed ordinance is available for inspection by the public at such location. Ruth Hodges Fraser. MMC City Clerk Beacon Nov. 4, 2007 17859566 Ad shown is not actual print size J. CONSENT AGENDA K. RESOLUTION/ORDINANCES 1. Resolution to AUTHORIZE the City Manager to execute a $100,000 Grant application to the Virginia Land and Water Conservation Fund for purchase of 14.7 acres in the Lake Lawson and Lake Smith natural areas re Open Space Acquisition 2. Ordinance to AUTHORIZE the City Manager to execute a Deed of Conveyance of two lots to the School Board re the new Virginia Beach Middle School site 3. Ordinance to ACCEPT a donation of artwork from Dr. Deborah Wood to be installed in Central Park at Town Center 4. Ordinance to APPROPRIATE $14,690,129 in FY 2006-07 School Reversion Funds to various accounts in the FY 2007-08 School Operating and Capital Budgets ~~"'" ,r..l~~:7'11., "(f/:-"~;'t~>,,..,.,...,. ~) (,)., ....''>1.. ""'-" .......) tei - ''''-, ':' _ \~~ \~~ .j)} ~~~~:~.:Ji .,,""'" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Express Support for a Virginia Land and Water Conservation Fund Grant Application for Land Purchase to Provide Additional Natural Areas in the City of Virginia Beach MEETING DATE: November 13, 2007 . Background: On November 14, 2006, City Council directed staff to pursue the acquisition of the subject site (two parcels) as part of the City's Open Space Acquisition Program. Over the past year, City staff has coordinated all efforts associated with the acquisition of the two parcels including appraisals, environmental site assessments, land surveys, negotiating publiC access easements (neither site has frontage on a public right-of-way), and coordinating with the City of Norfolk and Hodgman family. The City is seeking alternative funding from the Virginia Land & Water Conservation Fund (VL&WCF) Grant Program in order to help fund the acquisition of the 14.7 acre site on Lake Lawson, currently owned by the City of Norfolk. The City of Virginia Beach is applying for $100,000 from the VL&WCF, the maximum amount allocated per site acquisition by the grant prograr:n. The City is required to pay the remaining funding for the acquisition and must ensure that the City's share is a minimum of fifty percent of the purchase price. The grant program requires a resolution of support for the application to be adopted by the City Council. . Considerations: The City's Open Space Acquisition Program has sufficient funding to provide the required matching funds for the Virginia Land and Water Conservation Fund grant for the Lake Lawson and Lake Smith Natural Area. . Public Information: Public information will be handled through the normal Council Agenda process. In addition, the City Council-appointed Open Space Subcommittee, which holds a public meeting on a monthly basis, has discussed and endorsed the acquisition of the subject 14.7 acre site as part of the Lake Lawson and Lake Smith Natural Area. . Alternatives: The alternative would be to not apply for the grant and have the City fund all costs associated with the acquisition of the subject 14.7 acre property. . Recommendations: Adopt the resolution of support for the Virginia Land and Water Conservation Fund grant application in the amount of $100,000, to use toward the acquisition of land for the Lake Lawson and Lake Smith Natural Area. Attachments: Resolution, History of the Lake Lawson and Lake Smith Natural Area Initiative, and a map of the subject site Recommended Action: Approval ~ " / entlAgency: Parks and Recreation ,/ ~~ 1 A RESOLUTION TO EXPRESS SUPPORT FORA VIRGINIA 2 LAND AND WATER CONSERVATION FUND GRANT 3 APPLICATION FOR LAND PURCHASE TO PROVIDE 4 ADDITIONAL NATURAL AREAS IN THE CITY OF VIRGINIA 5 BEACH 6 WHEREAS, the Department of Conservation and Recreation (OCR), provides funds 7 up to $100,000 to assist political subdivisions of the Commonwealth of Virginia in acquiring 8 and developing open space and park lands; and 9 WHEREAS, this area is deemed of high acquisition and development priority by the 10 Virginia Beach City Council for open space and park land and shall be referred to as Lake 11 Lawson and Lake Smith Natural Area; and 12 WHEREAS, in order to attain funding assistance from DCR, it is necessary that the 13 Virginia Beach City Council guarantee that the City will provide a minimum of fifty (50) 14 percent of the purchase price and that the funding is available. 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That James K. Spore, City Manager, or his designee, is hereby authorized to 18 execute for and in behalf of the City of Virginia Beach, a public entity established 19 under the laws of the State of Virginia, this application and cause such 20 information or materials as may be necessary to be provided to the Department 21 of Conservation and Recreation (DCR) and to enter into such agreements as 22 may be necessary to permit the formulation, approval and funding of the Lake 23 Lawson and Lake Smith Natural Area Project; and 24 2. That the City of Virginia Beach gives its assurance that the General Provisions 25 of the Land and Water Conservation Fund Act (L&WCF) and the fiscal 26 procedures will be complied with in the administration of this project; and 27 3. That the City of Virginia Beach will operate and maintain the public recreation 28 facility in good condition and will provide permanent project acknowledgement 29 signs of the participating funding agencies and that this signage will clearly state 30 that the said facility is a "public" recreational facility; and 31 4. That the City of Virginia Beach shall dedicate the metes and bounds ofthe Lake 32 Lawson and Lake Smith Natural Area properties, in perpetuity, for public 33 outdoors recreational purposes in accordance with the Land and Water 34 Conservation Fund (L&WCF) Act; and 35 5. That the City of Virginia Beach gives its assurance that all other applicable 36 federal and state regulations governing such expenditure of funds will be 37 complied with in the administration, development, and subsequent operation of 38 this Lake Lawson and Lake Smith Natural Area; and 39 6. That the Department of Conservation and Recreation is respectfully requested to 40 assist in approval and funding of the Lake Lawson and Lake Smith Natural Area 41 Project in order to enhance the standard of public recreational enjoyment for all 42 our citizenry. of Adopted by the Council of the City of Virginia Beach, Virginia on the 2007. day Approved as to Content: Approved as to Legal Sufficiency: JJa:v) (t ~ Management Services I- ~1;v City~y'S ffice CA 10530 R-1 October 31,2007 History of the Lake Lawson and Lake Smith Natural Area Initiative In 2001, a citizen advocacy group comprised of several civic organizations surrounding Lake Lawson and Lake Smith in the Bayside area (known as Friends of Lake Lawson and Lake Smith) approached City Council requesting that the City preserve all of the property owned by the City of Norfolk in the area. It was within that same time frame that the City had just settled on the Stumpy Lake acquisition with Norfolk. Due to the development-potential of Norfolk-owned property in the City, staff was directed to inventory all Norfolk-owned land and develop a recommended disposition for the properties. Parks and Recreation staff inventoried all Norfolk-owned real estate located in Virginia Beach. The name, size, location and disposition of current or formerly Norfolk-owned real estate in the City are provided below. As outlined above, the City has since acquired 6.7 acres along Lake Lawson in January 2005 and 15.4 acres on Lake Smith in June 2006 from the City of Norfolk as part of its Open Space Acquisition Program. The City did not pursue the acquisition of the remaining 14.8 acre Norfolk-owned property to southwest of the Lake Smith site at the time because it did not have preferable access for development. Consequently, it was likely that the site would remain preserved for the foreseeable future. However, several changes have occurred over the past year regarding the 78-acre Sajo Farms tract to the southwest of the site. The remaining owner, Ursula Jones, passed away in November 2005 and the entire tract was sold to Terry-Peterson Residential and Napolitano Homes for a potential residential development. Since new roads will access the subject site there is greater pressure for the subject site to be developed. The Northwest Beach Partnership has realized the development pressures pending in the Lake Lawson and Lake Smith areas and has recommended that the City pursue acquiring portions of the Sajo Farms site as well as the remaining 14.74 acre Norfolk- owned site. The City of Norfolk's Department of Public Utilities has indicated an interest in selling its remaining real estate in the Lake Lawson/Sajo Farms area as long as it is for preservation and recreation purposes. One of the last large vacant tracts of land in the Bayside District (District), Sajo Farms, is now being developed for a residential mixed-use project. Adjacent to this tract of land, the City of Norfolk owns 14.70 acres next to Lake Lawson. The Norfolk property can be developed today, by right, with single family homes and due to the tracts having considerable lake frontage, the likelihood of Norfolk's being able to sell this tract for development is very good. The Open Space Subcommittee endorsed the acquisition of the subject 14.74 acre site during the closed session of its October 23, 2006 meeting, citing the consistency with the preservation strategy for the Lake Lawson and Lake Smith natural areas that has been implemented over the past five years. 1: ! ~ ~ ~ i ~ - ~ i DO " ~ I ! i ~ 1 II I - ~~I : .-Ie; i~-I~ I i I I , ~.I ~ I~~ ~~ ~'Ii! ~ii g ~~ ~ai ~;i H~ ~~i h~ c: ~ 3 a. Ii ~~ pO: 5~h -i! ~. !l;:s- ~~ ~ f ~ 3 ~~ wdOO:ZI '900Z '90 .JtJqc~:>() AOp,U:J -- 6MP'S~D 6u!puno~ns puo UO$/r4l)/ :,)"07\~S.'7 uo!t.f$!nb:J~ .(;JlXJOJd d08A\sP~!().Jd\o;DO d)l8\~u:1wdoIQi\~a puo 115~O\;X CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a deed conveying the City's interest in a portion of the Virginia Beach Middle School Site to the School Board MEETING DATE: November 13, 2007 . Background: Based upon the title examination performed on the Virginia Beach Middle School site in connection with the Virginia Beach Middle School Replacement Project, CIP 1-234, it was determined that a portion of the property acquired for the school site between 1938 and 1953 was acquired in the name of the Town of Virginia Beach instead of in the name of the School Board of the Town of Virginia Beach. The portion acquired in the name of the Town of Virginia Beach consists of two platted lots, described as Lots 17 and 18, in Block 135, on the Plat of Ridgecrest recorded in Map Book 7, at page 101. . Considerations: Virginia Code Section 22.1-125 requires that title to all school property be vested in the School Board absent an agreement to the contrary. There is no agreement requiring any of the property of the Virginia Beach Middle School Site to be vested in the City. Therefore, to create one parcel of land with uniform ownership on which the Virginia Beach Middle School replacement will be built, the two lots should be conveyed from the City to the School Board. . Public Information: There is no public hearing required because there is no disposal of property. The City is retitling the property in the name of the School Board. . Alternatives: Unless City Council enters into an agreement with the School Board to retain ownership, Section 22.1-125 requires Council to convey this school property to the School Board. . Recommendations: Approval . Attachments: Ordinance Site Plan identifying two lots to be conveyed Recommended Action: Approval ~ t1Agency: Public Works/Real Estate 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED CONVEYING THE CITY'S INTEREST IN A PORTION OF THE VIRGINIA BEACH MIDDLE SCHOOL SITE TO THE SCHOOL BOARD 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, based upon the title examination performed on the Virginia Beach Middle School site (the "School Site") in connection with the Virginia Beach Middle School Replacement Project, CIP 1-234, it was determined that a portion of the School Site is owned by the School Board of the City of Virginia Beach and a portion of the School Site is owned by the City of Virginia Beach; WHEREAS, the portion of the School Site owned by the City of Virginia Beach consists of two (2) lots, described as Lots 17 and 18 in Block 135 on the plat of Ridgecrest recorded in Map Book 7, at page 101; WHEREAS, Virginia Code 922.1-125 requires that title to all school property be vested in the School Board absent an agreement with the City to the contrary; WHEREAS, it is appropriate that title to that portion of the School Site which is owned by the City be transferred to the School Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a deed conveying to the School Board that portion of the Virginia Beach Middle School site owned by the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2007. day of CA-10331 v: lapplicationslcitylawprodlcycom32\ Wpdocs\D002\P002\00041260.DOC R-1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ G1~~ Ipublic Works/Real Estate !uti tt 4. /JJIuI-hJ City Attorney's Office ~.. 1-t'; 7 v,t.:;,45y5 CYPRESS AVE. r ....... o C N 0- ::c () 0< <( ~ ....: o o :x: U en w ....: C ~z ~< ....: :r:"- Uw <(.... w ca en o <w - en ZO ~"- a=:: 0 - a=:: >"- .~~ ~'" ~ .) t.J "0.~;:::;,:Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Donation of Artwork to be installed at Central Park at Town Center MEETING DATE: November 13, 2007 II Background: Dr. Deborah Wood, wife of the late W. Breck Wood, has offered to donate to the City of Virginia Beach a bronze sculpture by the nationally-known artist, Gary Alsum, which she had commissioned for her husband before he passed away. The sculpture, entitled "The Kiss" is 52" high, 58" wide and 32" deep. It is cast in museum-quality silicon bronze and is valued at $75,000. The donor has agreed to pay for installation, and since the sculpture is cast in bronze, there are no long-term maintenance concerns. III Considerations: Per Administrative Directive 6.06, the Public Art Committee of the Virginia Beach Arts and Humanities Commission has reviewed the sculpture donation proposal and possible sites for installation. After review and discussion with City staff, the Virginia Beach Arts and Humanities Commission recommends that the City of Virginia Beach accept the sculpture and that it be installed at Central Park at the Virginia Beach Town Center, adjacent to Columbus Street. The Committee felt strongly that the theme of the sculpture compliments a park setting and enhances the amenities of this highly-visited park. A site plan and photograph of the site is attached. The Town Center Advisory Board and the donor have concurred with this recommendation. III Public Information: Public information and notification will be handled through the Council agenda notification process. Meetings have been held with all the applicable City departments. II Alternatives: Do not accept the donation. II Recommendations: Approve and accept sculpture donation to be placed at the Central Park at Town Center. II Attachments: Ordinance, photographs of sculpture, photograph of site, site plan, resume of artist. Recommended Action: Approval Submitting DeparbnentlAgency: Office of Cultural Affairs City Manage~ t . M~ \ \ \ \ .... \0 'V 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 ARTWORK FROM DR. DEBORAH WOOD TO BE 3 INSTALLED IN CENTRAL PARK AT TOWN CENTER 4 5 WHEREAS, Dr. Deborah Wood ("donor") has offered to donate to the City of 6 Virginia Beach a bronze sculpture by the nationally-known artist, Gary Alsum, which she 7 had commissioned for her husband; and 8 9 WHEREAS, the sculpture, entitled "The Kiss," is fifty-two inches (52) in height, 10 fifty-eight (58) inches wide and thirty-two (32) inches deep and is cast in museum- 11 quality silicon bronze; and 12 13 WHEREAS, the donor has agreed to pay for installation; and 14 15 WHEREAS, since the sculpture is cast in bronze, there are no long-term 16 maintenance concerns; and 17 18 WHEREAS, pursuant to Administrative Directive 6.06, the Public Art Committee 19 of the Virginia Beach Arts and Humanities Commission ("VBAHC") reviewed the 2 0 proposed sculpture donation and possible sites for installation; and 21 22 WHEREAS, after review and discussion with City staff, the VBAHC 23 recommended that the City accept the sculpture and that it be installed in Central Park 24 at the Virginia Beach Town Center, adjacent to Columbus Street. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA THAT: 28 2 9 The City Council hereby accepts the donation of artwork entitled "The Kiss" from 30 Dr. Deborah Wood and directs that such artwork be installed in Central Park at Town 31 Center. 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on this 34 day of ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Office of Cultural Arts CA 10585 November 8, 2007 R2 I 1 fj; I ~ :;.....~........"".:'~ ':. _v < !!SI,. . ~. ~. ~t;/lij u . " . ~ :?~~ ~. t... i;:~ >""'"'\.-..._.,.~---~...----._---~..--~~~ -------~-------ll , r 1 I ., . ., :i :1 , (Ii r. I I BLOCK 1 0 ~~. We ii: i ~ , ~. I, I I /1, I i / 'U ~ / i1 .# ~--------------L____________ . / a . ..; .::..--.--....- "--,--~,",~L. . ....i!il-__ ..<,. . ~.'- ~ .. ;,.<: > oJ . ""'" , ~ ik"?: ...-'" t.. '" 'b b "r: .... BLcfK 9---n ( ~ d ! f i I ;:j I i ~ :; . i i I. i i ~ ) ~ ~ r, ..p .. i.l ....... ! * , E - -;.d . > , I , t t- UJ UJ Ol t- {f) {f) :J to L :) --1 . , -----'=/--=----- i: / . / ! / - I {I' 1 I , I , I ; I I I ! , I , I 1 o ~ ,~ H 3 / i?? .J)t~~ ... 'It, I \ \ I \ I I I I l I \ \ '- '- "- '"'- ~~ ~ .... .... .... "- "- "- 'i \ If r==i 1 1/ ~ GARY ALSUM COMMISSIONS AND PuBLIC ART PLACEMENTS: 2005 "Jazz", City of Edmond "Patriots", Veterans'Memorial Park "Arrrghl", Pirate's Cove Water Park "Saluting a Hero", Fontana Memorial Park "New Adventures", City of Clinton "Giant Steps", City of Springdale "Jazz", Benson Park Sculpture Garden "Giddy Up", Private Commission, Public Park placement, City of Boulder "Picture Books", Weld County District Library "Promenade", Malley Senior Center "Promenade", Senior Center "Giant Steps", City of Edmond "New Adventures", City of Keensburg "Reunim\" FIrefighter Memorial, City of Thornton "Jack &: Co." 16'h Fountain, Na'aina Kai Botanical Gardens "Brittany", "01.erished Memories", "New Adventures", City of Thornton "New Adventures", Windsor Elementary School "Steps to Success", Southeast Tennis &: Learning Center "Jazz", City of Iowa City . "Joy", City Of Honolulu "Giant Steps", "Frog Legs", Na'aina Kai Botanical Gardens "New Adventures", Upper Iowa University "New Adventures", University of Colorado Nursing School "New Adventures", Traut Elementary School II Appalachian Dance" -Five Figures, City Of Asheville "And... They're Offl", Home State Bank Multiple Purchases, City of Oxnard "Harmony", American Stores, me. "Proceed With Caution", City of Palm Desert "Picture Books", "Frog Legs", City of Glendale "Grandpa's Workbench", Deines Lumber "And... They're Offi", "Giant Steps", Greenfield Village "Grandpa's Workbench", Public Display Committee RESUME EDUCATION: 1984 1975-79 1975 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 ute Drawing.. University of Northern Coloyado B.A. Dordt College Graduated, Denver Christian High School CORPORATE COLLECTIONS: American Stores, me Diamond Vogel Paints Donahue Foundation Dordt College Edgewood Ranch Endowment Freedom Group Phillips Petroleum PROFESSIONAL MEMBERSHIPS: Allied Artists of America National Sculptors' Guild Greeley, CO Sioux Center, lA Denver, CO Edmond, OK Le Mars, IA Englewood, CO San Jose, CA Clinton, MI Springdale, AR Loveland, CO :: ::;: Boulder, CO Greeley, CO Englewood, CO Santa Fe Springs, CA Edmond, OK Keensburg, CO Thornton, CO Kilauea, Haua'i, HI 'Thornton, CO Windsor, CO Washington, DC Iowa City, lA Honolulu, HI Kilauea, Haua'i, HI Fayette,lA Colorado Springs, CO Fort Collins, CO Asheville, NC Loveland, CO Oxnard, CA Salt Lake City, UT Palm Desert, CA Glendale, AZ Loveland, CO Denver, CO Holland, Ml Salt Lake City, UT Orange City, lA Denver, CO Sioux Center, lA Orlando, FL Bradenton, FL Bartlesville, OK Since 1999 Since 1992 . THE NATIONAL SCULPTORS' GUILD. GARY A\.SUM . .2683 N TAFT AVENUE. LOVELAND. COLORADO 80538.970.667.2015' . WWW.NATlONALSClJLPTORSGUILD.COM . PAx970.667.206S.. NSC@COLUMBINENSG.COM . SaECTED ExHlBmONS: 1994-06 1998-06 2002 1992-01 1998,00 1995 1994 1993 1992 1991 1988-91 1990 1989 1988-89 1988 National Sculptors' Guild Annual Exhibition Sculpture in the Park, National Juried "Exhibition Two-Person Show, Columbine Galleries Colorado Governor's Invitational Allied Artists of America Annual Exhibitions Solo-Show, Columbine Galleries The Shining Mountains, Foothills Art Center Allied Artists of America Annual Exhibitions Solo-Show, Home State Bank Ei Paseo Exhibition Danada Sculpture Show Art in the Park, Warren Place "The Art of Celebrating", Invitational Show Danada Sculpture Show Strokes of Genius, Scottsdale Artists' School Allied Artists of America Annual Exhibitions North American Sculpture Exhibition Best and Brightest, Scottsdale Artists' School Sweetheart City Sculpture Show Allied Artists of America Annual Exhibitions Colorado Art Open North American Sculpture Exhibition Best and Brightest. Scottsdale Artists' School Poudre Valley Art League Regional Exhibit Art Burst 1988 Loveland, CO Loveland, CO Loveland. CO Loveland, CO New York, NY Loveland, CO Golden. CO New York, NY Loveland, CO Palm Desert,. CA Chicago, 1L Tulsa. OK Fort Collins, CO Orlcago. IL Scottsdale. AZ New York, !\'Y Golden. CO Scottsdale, AZ Loveland, CO New York, NY Golden. CO Golden. CO Scottsdale,. AZ Fort Collins. CO Orange City, IA :: ;:.. "HARMONY" AMERICAN STORES lNC.-SAL T LAKE CITY, UT . THE NATIONAL. SCULPTORS. GUlLO. GARY Al..SUM . .2683 N TAFT AVENUE. l.OVELAND. COLORADO 80538.970.667.2015' . WWW.NATlONAl.SCULI'TORSCUILD.COM. FAX970_667.2D68. NSC@COLU!IIBINENSG.COM . P () H F () () () l U I.. P \ ~ 1 f? :, ;: ~ 'tit, e4lt,~ 0/ ~vaf~ kJ- Ii +jpj-~ /J/'W{/VwW..",rifl~ MWJ.l! 0/ a- ,&ht,J'c- 1ff"~ i: " , ';' I i , " , , ; u A 11 '\ , .~ ,\ '\ u :; :: _ urr: I'I<<lMIl'W)( ~,l83w 15.5D 1lRO"7J, Eo/35 MCM: JUZ 70H _ (,00 HON?.!! Eu/7 Ul't: IlI.lll!GRAS6 691. GO\t' 580 &"()SZl~ f.:l')/7 (iAHV - l^ZZ 22M lIlT< 1-10 B"""-7.E ED/21 ABC:Nt D:iHI": PRONfJlWX: 7311 53W 431> l1ItOSZE .Dr/ luaU': ewratASS 21.511 16'" 16l> BRC.l;..;zE f'J)/35 '-,':' '\."',' '.'. :'\; , .\ ;\ L u . ~ ~ " . , !! (; , .\ E \' L. u :t :;: _ WT: '''TllIOr.; 11~H '72v:' +II) ~ go/21 -Ilt! 17"'150 ..I.O>OZ'; EO/2l __ /oM) ~UN 16O""it Uf.~ st'1..E' srn~ $PeCJ:l-lC I:*O~I:E A.'\UiltICAS' :-.,-rm17$ ~L:. 1S'zIT.\t.L\110:-': WT: ~ I'ROMI!NAD(,-pr J.tfE :irl.F. lo\.llO~'Zlt ern" Of .:\.SHf.YItl.E.. N<: 1:-';$T:\lL\"t'10~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $14,690,129 in FY 2006-07 Virginia Beach School Reversion Funds to the FY 2007-08 School Operating and Capital Budget MEETING DATE: November 13, 2007 . Background: On September 18, 2007, the School Board was presented with a summary of the un-audited financial statement for FY 2007-07, realizing $14,690,129 in reversion funds. On October 2, 2007, the School Board adopted a resolution to recommend amendments to the FY 2007-08 School Operating and Capital Budget in the amount of $14,690,129. Additional reversion funds will be made available as part of the City/Schools Revenue Sharing Formula true-up. The School Board will request City Council action for these additional funds at a later date. . Considerations: The School Board requests City Council approval of the following changes: . $14,690,129 in FY 2006-07 reversion funds will be allocated as follows: o $4,200,000 to the Instructional Category. o $1,511,500 to the Pupil Transportation Category. o $466,500 to the Operation and Maintenance Category. o $912,129 to the School Equipment Replacement Special Revenue Fund. o $3,600,000 to Capital Improvement Project #1-196 Instructional Technology for various technology projects. o $2,000,000 to Capital Improvement Project #1-211 School Operating Budget Support for various School Plant Projects. o $850,000 to Capital Improvement Project #1-104 Renovation and Replacements - Reroofing - Phase II. o $1,000,000 to Capital Improvement Project #1-103 Renovation and Replacements - HVAC Systems - Phase II. o $150,000 to CIP #1-241 High School Education Specifications for studying high school modernizations and locations. . Public Information: The requests to amend the various Capital Projects exceeds 1 % of the Capital Improvement Program, and will require a public hearing. A public hearing is not required on the operating adjustments since they do not exceed 1 % of the City's total Operating Budget. The School Board approved this resolution requesting these appropriations at their October 2 public meeting. Information will be disseminated to the public through the normal Council agenda process through the advertisement of City Council agenda. . Alternatives: The amendment is governed by City Council policy. . Recommendations: It is recommended that the City Council adopt this ordinance. . Attachments: School Board Resolution of October 2, 2007 Ordinance Recommended Action: Approve ordinance Submitting ?~~e'1/A9~OI Board Resolution City Manage~w- 1 AN ORDINANCE TO APPROPRIATE 2 $14,690,129 IN FY 2006-07 VIRGINIA BEACH 3 SCHOOL REVERSION FUNDS TO THE FY 4 2007-08 SCHOOL OPERATING AND 5 CAPITAL BUDGET 6 7 WHEREAS, a total amount of $14,690,129 in FY 2006-07 Virginia Beach Public 8 School reversion funds are available for appropriation; and 9 10 WHEREAS, by resolution on October 2, 2007 the School Board formally 11 requested the City Council to approve the appropriation of school reversion funds to the 12 School Operating and Capital Budget. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 (1) That Capital Improvement Project #1-241 High School Education 18 Specifications is hereby established in the FY 2007-08 Capital Budget. 19 20 (2) That $7,090,129 in school reversion funds are hereby appropriated from the 21 General Fund to the FY 2007-08 School Operating Budget in the amounts and for the 22 purposes set forth below: 23 24 (a) $4,200,00 to the Instructional Category; 25 (b) $1,511,500 to the Transportation Category; 26 (c) $466,500 to the Operation and Maintenance Category; and 27 (d) $912,129 to the School Equipment Replacement Special Revenue 28 Fund: 29 30 (3) That $7,600,000 in school reversion funds are hereby appropriated to the 31 Capital Improvement Projects as follows: 32 33 (a) $3,600,000 to Capital Improvement Project #1-196 Instructional 34 Technology; 35 (b) $2,000,000 to Capital Improvement Project #1-211 School 36 Operating Budget Support; 37 (c) $850,000 to Capital Improvement Project #1-104 Renovation and 38 Replacement - Reroofing - Phase II; 39 (d) $1,000,000 to Capital Improvement Project #1-103 Renovation and 40 Replacement - HVAC Systems - Phase II; and 41 (e) $150,000 to Capital Improvement Project #1-241 High School 42 Education Specifications. 43 44 That estimated revenue from use of the Fund Balance of the General Fund is 45 increased by $14,690,129. 46 47 48 of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2007. APPROVED AS TO CONTENT: CA10531 R-2 (v.2) November 5, 2007 day APPROVED AS TO LEGAL SUFFICIENCY: ~J-t!~v--- C ttorney's Office SCHOOL BOARD Daniel D. Edwards Chainnan District 1 - Centeeville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717.0259 (e) Rita Sweet Bellitto Vice Chainnan At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (el Todd C. Davidson At-large 2424 Savannal1 Trail VA Beach, VA 23456 427.3330 (w) . 285-9409 (e) Emma L "Em" Davis District 5 - Lynnhaven 1125 Miehaelwood Drive VA Beach. VA 23452 34().8911 (h) Patricia G. Edmonson District 6 - Beach 401-205 Harbour Point VA Beach, VA 23451 675-0137 (e) Edward F. Rssinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 (h) Oan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach, VA 23455 490-3681.Jh) Lyndon S. Remias District 7 - Princess Anne 3225 Nansemond Loop VA Beach. VA 23456 630-6102 (c] Sandra Smlth.Jones District 2 - Kempsville 70s Rock Creek Court V A Beach, VA 23462 . 49().8167 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (w) Carolyn O. Weems Al-large 1420 Claudia Drive VA Beach. VA 23455 464-0674 (h) SUPERINTENDENT James G. MelrifI, Ed.D. 2512 George Mason Drive V A Beach, VA 23456 263-1007 +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2006.07 REVERSION, REVENUE ACTUAL OVER BUDGET, AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, On September 18, 2007 the School Board was presented with a summary of the unaudited financial statement for FY 2006-07 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues and any debt service budgeted expenditures in excess of actual expenditures, and WHEREAS, the Administration recommends the following uses for the $14,690,129 available: . $ 1,700,000 to Fund 115-School Operating Budget, Instructional category, for various instructional materials and other purposes . $ 1,500,000 to Fund 115-School Operating Fund Budget, Instructional category, for school SOL support allocations · $ 1,000,000 to Fund 115-School Operating Fund Budget, Instructional category, for school equipment allocations . $ 1,511,500 to Fund 115-School Operating Fund Budget, Transportation category, for bus replacements and other vehicles and equipment . $ 282,000 to Fund 11S-School Operating Budget Operations and Maintenance category, for equipment and vehicles for School Landscape Services . $ 100,000 to Fund 115-School Operating Fund Budget, Operations and Maintenance category, for custodial equipment . $ 84,500 to Fund 115-School Operating Fund Budget, Operations and Maintenance category, for safe schools communication equipment and supplies . $ 3,600,000 to CIP.1-196 for various technology projects . $ 2,000,000 to CIP 1-211 for various School Plant projects . $ 850,000 CIP 1-104 Reno & Repl- Reroofing Ph II . $1,000,000 CIP 1-103 Reno & Repl- HVAC Ph II . $ 150,000 CIP for developing high school Ed. Specs . $ 912,129 to Fund 107-School Equipment Replacement Special Revenue Fund now, therefore,.be it RESOLVED: That the Board approves the recommended uses of the FY 2006-07 Reversion, Revenue Actual Over Budget and Debt Service Budget Over Actual funds as presented by the Administration; and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Vir ' . SEAL Attest: ~~~ Dianne P. Alexander, Clerk of the Board 1. PLANNING 1. Application of NEW GENERATION WORSHIP CENTER for a Conditional Use Permit re a church at 6200 Pardue Court DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of J.D. WILLIAMS CONSTRUCTION, INC. for a Chanfle of Zoninfl District Classification from R-15 Residential District to AG-2 Agricultural District to allow for a structure of 41.5 feet in height at 2672 Highland Drive DISTRICT 1 CENTERVILLE RECOMMENDATION APPROVAL 3. Applications of TROY SCOGGIN at 2310 Princess Anne Road DISTRICT 7 - PRINCESS ANNE a. Variance to ~5B of the Site Plan Ordinance, Floodplain Regulations, re parking lot improvements b. Chanfle ofZoninfl District Classification from R-20 Residential District to Conditional 0-1 Office District RECOMMENDA nON APPROVAL 4. AMEND ~~ 111 and 205 of the City Zoning Ordinance (CZO) to define "major recreational equipment" and RESTRICT the locations where such may be stored RECOMMENDA nON APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at. City Hall. Municipal Center. 2401 Courthouse Drive, Tuesday, November 13, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 1 - CENTERVILE J. D. Williams Construction. Inc. Application: Chanae of' Zoning District Classification from R-15 Residential to; AG-2 Agricultural at 2672 Highland Drive (GPIN! 1484118460). DISTRICT 2 . KEMPSVILLE Pastor Toney Saunders. New Generation Worship Center Application: Conditional Use Permit for a church at 6200 Pardue Court (GPIN 1456440175). DISTRICT 7 . PRINCESS ANNE Troy Scoggin Application: Variance to Section 58 of the Site Plan Ordinance, Aoodplain Regulations at 2310 Princess Anne Road (GPIN 2404531549). Troy Scoggin Application: Chanae of Zonina District Classification from R-20 Residential to Conditional 0-1 Office at 2310 Princess Anne Road (GPIN 2404531549). CITY OF VIRGINIA BEACH Ordinance amending Sections 111 and 205 of the City Zoning Ordinance defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored. All interested parties are invited to attend. Ruth Hodges Fraser. MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on file and may be examined in the Department of Planning or online at httD:/ /WWW.VbI!Dv.com/Dc For information call 385-4621. If you are physically disabled or visually Impaired anc need assistance at this meeting. please call the CITY CLERK'S OFFICE at 3854303. Beacon Oct. 28 & Nov. 4, 2007 17813679 New Generation Worship Center Pastor Tone Saunders oGJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Pastor Toney Saunders, New Generation Worship Center for a Conditional Use Permit for a church on property located at 6200 Pardue Court (GPIN 1456440175). DISTRICT 2 - KEMPSVillE. MEETING DATE: November 13,2007 . Background: The applicant requests a Conditional Use Permit to allow a church to occupy several office units currently located on the site. The church has occupied the units for almost two years, not knowing a Conditional Use Permit was required. The Fire Marshal, during a routine inspection, notified the church that a Use Permit was necessary. The site was developed in 1973 for an 9ffice complex. The building is one-story, brick sided and contains 6,650 square feet of floor area. The submitted site plan depicts 34 parking spaces and one handicap accessible parking space. There is no landscaping on the site as the property was developed long before the City had any landscaping requirements. . Considerations: The applicant will occupy 1,977 square feet of the building. The applicant proposes hours of 11 :00 a.m. to 2:00 p.m. and 4:00 p.m. to 6:00 p.m. on Sundays, 7:30 p.m. to 9:00 p.m. on Mondays and Wednesdays, 7:00 p.m. to 9:00 p.m. on Thursdays, and 8:00 a.m. to 10:00 a.m. on Saturdays. There are approximately 75 members of the church. Staff finds this proposal for a church use acceptable and in keeping with the intent of the Comprehensive Plan recommendations for the area. The proposed use is compatible with the existing offices, retail uses, and surrounding residential uses. Church uses typically operate during off-business hours when located within an office building. The church's proposed hours are in the evening, Saturday mornings, and Sundays, and should not create any conflict with the existing office uses in the building or create any negative impact on traffic flow on adjacent roadways. Sufficient parking exists on the site to serve both the members of the church and the offices. During the nearly two years that the church has operated at this location, staff has not received any complaints pertaining to the operation of the church. Pastor Toney Saunders, New Generation Worship Center Page 2 of 2 There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. A Certificate of Occupancy for the change of use shall be obtained from the Building Official before occupancy of the building as a church. 2. The parking lot shall be re-striped with a minimum of 32 parking spaces and two handicap-accessible spaces before occupancy of the building. 3. The applicant shall install landscaping within the two seven-foot by 20-foot triangular shaped areas adjacent to the free-standing sign. The landscaping shall be accomplished through use of a raised planter bed with a minimum of four shrubs in each bed; 4. The applicant shall provide a minimum of 136 square feet and nine shrubs of foundation landscaping along the frontage their units. The foundation landscaping may be accomplished using planters. 5. The existing garbage dumpster shall be relocated on the site to meet the required 35-foot front yard setback and shall be screened with a privacy fence. 6. Hours of operation are limited to 11 :00 a.m. to 2:00 p.m. and 4:00 p.m. to 6:00 p.m. on Sundays, 7:00 p.m. to 9:00 p.m. weeknights, and 8:00 a.m. to 10:00 a.m. on Saturdays. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme~ City Manager: ~ K. '2tJ~ PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 October 10, 2007 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit fora church ADDRESS I DESCRIPTION: Property located at 6200 Pardue Court (Suites 6216 - 6222) GPIN: 14564401750000 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 0.540 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a church to occupy several office units currently located on the site. The applicant will occupy 1,977 square feet of the building. The applicant proposes hours of 11 :00 a.m. to 2:00 p.m. and 4:00 p.m. to 6:00 p.m. on Sundays, 7:30 p.m. to 9:00 p.m. on Mondays and Wednesdays, 7:00 p.m. to 9:00 p.m. on Thursdays. and 8:00 a.m. to 10:00 a.m. on Saturdays. There are approximately 75 members of the church. The site was developed in 1973 for an office complex. The building is one-story, brick sided and contains 6,650 square feet of floor area. The submitted site plan depicts 34 parking spaces and one handicap accessible parking space. There is no landscaping on the site as the property was developed long before the City had any landscaping requirements. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A 6,650 square foot office buildng and asscoiated parking PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 1 SURROUNDING LAND USE AND ZONING: North: South: East: . Retail and small service type uses I B-2 Community Business . Automotive repair facility I B-2 Community Business . Sunnyside Drive . Across Sunnyside Drive are multi-family and single-family dwellings I A-18 Apartment and R-10 Residential . Retail and small service type uses I B-2 Community Business West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or known significant cultural features associated with the site. The site is entirely impervious covered by building and parking. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): Sunnyside Drive in front of the site is a two-lane undivided collector street. There are no Capital Improvement Program projects scheduled for this area. Pardue Court is a private court. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Sunnyside Drive No counts No counts available Existing Land Use <!-72 available ADT Proposed Land Use 3 - 68 ADr (Sunday - 119 ADT) 1 Average Dally Tnps 2 as defined by a 6,650 square foot office 3 as defined by a 4,583 square foot office and 1,977 square foot church) WATER: This site is connected to City water. There is a six-inch and a 12-inch City water main along Sunnyside Drive. SEWER: This site is connected to City sanitary sewer. An eight-inch City force main exists along Sunnyside Drive. SCHOOLS: School populations are not affected by this request. PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 2 Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. Evaluation: Staff finds this proposal for a church use acceptable and in keeping with the intent of the Comprehensive Plan recommendations for the area. The proposed use is compatible with the existing offices, retail uses, and surrounding residential uses. Church uses typically operate during off-business hours when located within an office building. The church's proposed hours are in the evening, Saturday mornings, and Sundays, and should not create any conflict with the existing office uses in the building. Sufficient parking exists on the site to serve both the members of the church and the offices. Staff, therefore, recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The applicant shall obtain all required permits and inspections from the Planning Department's Permits and Inspections Division and the Fire Department. A Certificate of Occupancy for the change of use shall be obtained from the Building Official before occupancy of the building as a church. 2. The parking lot shall be re-striped with a minimum of 32 parking spaces and two handicap-accessible spaces before occupancy of the building. 3. The applicant shall install landscaping within the two seven-foot by 20-foot triangular shaped areas adjacent to the free-standing sign. The landscaping shall be accomplished through use of a raised planter bed with a minimum of four shrubs in each bed. 4. The applicant shall provide a minimum of 136 square feet and nine shrubs of foundation landscaping along the frontage their units. The foundation landscaping may be accomplished using planters. 5. The existing garbage dumpster shall be relocated on the site to meet the required 35-foot front yard setback and shall be screened with a privacy fence. 6. Hours of operation are limited to 11 :00 a.m. to 2:00 p.m. and 4:00 p.m. to 6:00 p.m. on Sundays, 7:00 p.m. to 9:00 p.m. weeknights, and 8:00 a.m. to 10:00 a.m. on Saturdays. PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 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. PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 4 AERIAL OF SITE LOCATION PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 5 ",". i! ii ..i=ei. , I~I II I' I D!, i; ;lj :!m! ;f:;.1 ~ III~ JI;i I ~ :; I. I I ! ~~ "Iil ; ~ ~ I i~ fil; ! i l ;;~ oJ, ~ ;',: 9" ,'r-- .. Ai .1 I ! ....!--- I!~ '."f---- frl:.LL i :i II i ,.( ( i,"'--..-:~ I~ {~ , r ! ~ ~, f ~ ~ ~ i' ~ ~ i ---0 I' ~ .....- ~ Ii5 -- --- PROPOSED SITE PLAN PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 6 Nev." Generation Worship Center Use Permit - Existing Building Elevations 6200 Pardue Court East Elevation (Front) South Ele>"l!lion (Side) SITE PHOTOGRAPHS PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 7 New Generation Worship Center Pastor Tone Saunders B-2 .1Ti CUt' - for Clwrc/. 1. 3/25/97 Conditional Use Permit (Church) 5/12/92 Conditional Use Permit Church Approved Approved The existing site was zoned C-L 2 Limited Commercial before 1973. With the adoption of the Comprehensive Zoning Ordinance in November 1973, the site was zoned B-2 Community Business District. ZONING HISTORY PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation. partnership, firm. business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) See attachment 1 2. List all businesses that have a parent-subsidiari or affiliated business entitl relationship with the applicant: (Attach list if necessary) None 18! Check here if the applicant is NOT a corporation, partnership. firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business. or other . unincOrporated organization. complete the following: : 1: list the property owner name followed by the names of all officers, members, . trustees, partners, etc. below: (Attach list if necessary) Harold and Jean Pardue 2. list all businesses that have a parent-subsidiari or affiliated business entitl relationship with the applicant: (Attach list if necessary) None 18! Check here if the property owner is NOT a corporation, partnership. firm, business. or other unincorporated organization. 1 & :< See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No-L If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 71312007 z <=> t--4 I~ C-' : , ~ ~ ~: ~ ;::::> ~ <=> t--4 F : ~ ~ C-' PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 9 z o t--4 !< u t--4 ~ ~ ea ~ ~ ~ ~ ~ ~ ;:::J ~ o t--4 ~ t--4. ~ Z o u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services. real estate services, financial services, accounting services and legal services: (Attach list if necessary) Pinnacle Grouo Enaineerina. Inc. - Civil Enaineer No additional contractors or any other tyoe of services will be needed or orovided for this oroiect. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Govemment Conflict of Interests Act, Va. Code 9 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code 9 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the SUbject property at least 30 days prior to the scheduled publiC hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ~[)~~ App nt Ign)lture ,4/.~ 0.., roperty Owner's Signature (if different than applicant) Pastor Tonev Saunders Print Name Ilcrale! al'l~ J~ ~61:Je (';: Print Name er Jean Par Conditional Use Permit Application Page 100110 Revised 713/07 PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 10 New Generation Worship nter Use Permit Application . // - Attachment 1: , .' Board of Trustees for New Generation Worship Center Mr. Adam Saunders Trustee, Board of Director 2852 Cedar Cove Lane Chesapeake, Virginia 23323 Ms. Patricia Hemingway Treasurer 205 Genovese Reach Chesapeake, Virginia 23322 Ms. Tomanica Williams Secretary 1010 Keltic Circle Chesapeake, Virginia 23323 Mr. Arthur Cartwright Board of Director 2638 Keller Avenue Norfolk, Virginia 23509 Mr. Toney D. Saunders Pastor, Chief Executive Officer 133 Indian Creek Road Chesapeake, Virginia 23322 DISCLOSURE STATEMENT PASTOR TONEY SAUNDERS, NEW GENERATION WORSHIP CENTER Agenda Item 3 Page 11 Item #3 Pastor Toney Saunders, New Generation Worship Center Conditional Use Permit 6200 Pardue Court District 2 Kempsville October 10, 2007 REGULAR Barry Knight: We will now go into our public hearing portion of the Planning Commission. Mr. Secretary, will you please call the first item to be heard please? Joseph Strange: Thank you Mr. Chairman. The first item is item 3, Pastor Toney Saunders, New Generation Worship Center. An application of Pastor Toney Saunders, New Generation Worship Center for a Conditional Use Permit for a church on property located at 6200 Pardue Court, District 2, Kempsville, with six conditions. Barry Knight: Welcome sir. Please state your names for the record. Nelson Navarro: Good afternoon. Chairman, Vice Chairman and members of the Commission, my name is Nelson Navarro of Pinnacle Group Engineering. I have here Pastor Saunders with New Generation Church. Pastor Toney Saunders: My name is Pastor Darnell Saunders of New Generation Worship Center. Nelson Navarro: We're happy to see the report here. It was on consent agenda originally and we appreciate that. We'll be standing by for any questions that the opposition might have. Barry Knight: Would you like to give us a short synopsis of why you're before us today, and some proposed changes that we are aware of that you're going to do to the facility and the building and such. You may alleviate some questions. And, of course, after the opposition comes up and states their opposition, maybe you can come back, and we'll give you three minutes for rebuttal. You can answer their concerns if you can. Nelson Navarro: Sure. With respect to the stipulations, there are six conditions that staff recommended and we agree with all of them. Basically, the improvements that we have proposed for the site is to bring landscaping to the frontage of the site, and also some base landscaping for the building, with the use of planters and the removal of some of the concrete parking lot to put in some evergreen shrubs and some evergreen planters. Additionally, as you probably saw up there, the striping that has faded over the years, and we agree to put in 32 spaces minimum. Our requirement is actually 15 for the church, which has a capacity of 75 seats. But based on the stipulation of32 spades including two handicapped, and we agree with that. The other improvements would be to relocate the dumpster behind the front Item #3 Pastor Toney Saunders, New Generation Worship Center Page 2 setback yard, and that would be enclosed with a six-foot screened enclosure. We agreed to that. There has also been some talk about the fence adjacent to the south of us on the southern property line, that actually belongs to the garage next to us. It is in pretty bad condition. We do agree that something does need to be done. I think what we're going to do is to be talk to the landlord and see ifhe can get that neighbor to the south to help repair that thing. Overall, I think the building is in decent condition. We contacted the adjacent apartment complex. We sent them a letter to meet with them. We also send a letter to the Lakeville Civic League to meet with Mr. Poulter. I actually spoke with Mr. Poulter. He tried to address some of his concerns, and I went ahead and forwarded him a preliminary site plan showing some of these improvements that we just talked about. I'll turn it over to Pastor Saunders and let him speak. Pastor Toney Saunders: Good afternoon. I appreciate the opportunity to come before you. We're a small church. We have about 32 members in the church. We actually have 75 seats in the church, but only have 32 members. We've been in the building for about two years not really realizing that we need to have a permit. There was a church in there before. So, being a church there, I wrongfully assumed that everything was okay on my part. Last year we had the Fire Marshall come in, and they went through the church and found everything okay, and they just signed off. So, I assuming everything is fine. In 2007, the Fire Marshall came through, a different Fire Marshall came through, and everything was fine as far as our setup. As far as everything we needed. A couple of things needed to be changed and we've done that. We need to do exit signs over the doors that light up when it gets dark. We've done everything that the Fire Marshall wanted us to do. But as part of the requirement was to get the permit, which is as soon as we found out about it, we went into action and that is why we are here today. We want to do what is right. We want to be good neighbors. I believe, we have been good neighbors up to this time. Thank you. Barry Knight: Are there any questions at this time? Mr. Livas? Henry Livas: Yes. You said you have been on the site for approximately two years? Pastor Toney Saunders: I think this year is two years. We were there last year. This is going into the second year. Henry Livas: And during this time, have you had anyone complain about parking or traffic to you? Pastor Toney Saunders: No one. No one complained. Our hours are beyond the business hours. It is the primary business facility. We have our hours in the morning or at nights. So, when we're there, it is just us. So, we never had a parking problem. We never had a need to park on the road. I don't see that. We set our hours up to make sure that we don't have to park on other than the parking spaces. Henry Livas: How many members do you have in the church? Item #3 Pastor Toney Saunders, New Generation Worship Center Page 3 Pastor Toney Saunders: We have about 32. Henry Livas: You have 75 seats. Pastor Toney Saunders: We have 75 chairs in there. It is capable of putting 75 chairs. So, in essence, we are permitted for what the ability to have in there and our soul, with the idea of God's help to move to 75. We're at 32 now, but we don't want to stay there. Any church wants to grow. So, because of the capability of75, we did the permit for 75. Henry Livas: So, your membership is actually 32? Pastor Saunders: Yes. Henry Livas: That means that the attendance is even less than that. Pastor Toney Saunders: Less than that. Yes sir. Barry Knight: Are there any other questions at this time? Thank you sirs. Joseph Strange: We have one speaker in opposition. Allen Poulter. Barry Knight: Welcome sir. Allen Poulter: Good afternoon. How are you doing? Barry Knight: Fine. Just state your name for the record. Allen Poulter: Allen Poulter. I'm President of the Lakeville Civic League. We primarily oppose this project due to the traffic and parking. We have a tremendous problem with traffic and parking on Sunnyside Drive, Indian River Road you can't get in or out. The light cycles are so short that the traffic backs up. As you know, the whole area is congested due to traffic. He said he had 75 members. That is what I was told. He has now corrected that. The primary, as you can see by the pictures of the property is not maintained. What they propose is an enhancement of the property, which is great, but our primary concern is the traffic and parking. We have 500 plus homes in that area that come in and out of Sunnyside Drive, so, you add the teenagers in there. You're looking at 1,500 cars. That is a lot of traffic. We have a monitoring system going on now for tickets and abusive drivers. Of course, this is up to him, but it still affects the people in the residences. Barry Knight: Dot Wood has a question for you. Dorothy Wood: Yes sir. I think probably with 30 members they would probably have maybe 15 cars, so I don't think that would really be a problem for you. Would it sir? Item #3 Pastor Toney Saunders, New Generation Worship Center Page 4 Allen Poulter: Well. The lot has been full. There are 31 spaces in there right now. And they are in the process ofrestriping. So, I don't know where these cars come from, but he's got 15 and you've got other people working. The hours are so stated in condition #6. There is bound to be some conflicts in there. Dorothy Wood: Some other people in the shopping center? Allen Poulter: Yes. Dorothy Wood: Did you all actually have a civic league meeting and vote on this or are you representing? Allen Poulter: I had a board meeting and addressed it. They asked me to come here and speak on it. Dorothy Wood: Just the board? It really wasn't the civic league. Allen Poulter: No. We have a meeting this coming Monday. Dorothy Wood: Thank you sir. Allen Poulter: It will be addressed. Barry Knight: Are there any other questions for Mr. Poulter? Thank you sir. Allen Poulter: Thank you. Joseph Strange: There are no other speakers. Barry Knight: Pastor Saunders? You all can come back. You will have three minutes to rebut or answer any questions or concerns. Please state your name again for the record. Nelson Navarro: Nelson Navarro, the Pinnacle Group Engineering. Pastor Toney Saunders: Toney Saunders. Nelson Navarro: We did do a small analysis. I heard the pre-meeting with the traffic engineer. We ran some numbers. We actually have, as far as traffic generation on the weekday, peak period, we actually go down in numbers of vehicles coming into that facility based on the church being there rather than a business that would be pennitted on that site. The generations are about 19 vehicles on the weekend and 18 average round trips in and out, so nine trips of vehicles coming into the site on weekdays. It is very little. As far as the parking is concerned, let me get back to the traffic. There is a signal light there at Sunnyside Drive and Indian River so, it is short timed, but it gives you access onto Indian River without having to pause there and make a left turn. I think that is a good thing to afford traffic flow Item #3 Pastor Toney Saunders, New Generation Worship Center Page 5 through that area. Also, with respect to the parking, right now we have 32 members with a maximum of75 that we can seat in the sanctuary. Based on that, it generates about 15 spaces required by City Zoning Ordinance. Right now we have 35 spaces including three handicap spaces. Thirty-one is incorrect. I just counted them again this morning to make sure before we came in. There is a minimum of35 spaces on the site now. Pastor Toney Saunders: If I may just address the concern about the parking lot being full. There may be an opportunity where it may happen once or twice a year, if I have a revival and God Bless me and I get some more. Get a crowd out there, then I may be crowded. But that is once or twice a year. Barry Knight: Are there any questions at this time? No questions? Okay. Thank you sir. I'll open it up for discussion. Mr. Crabtree? Eugene Crabtree: I'm satisfied that the church has been there for some time. There has been a church there prior to the existing one. Over the years, I can say there haven't been any problems, maybe concerns but no problems. I can't see that a church that exist and what they want to do because the Conditional Use Permit is going to create anymore problems whatever. Therefore, I'm going to support the application. And I would like to make a motion that we approve the application as presented. Barry Knight: There is a motion on the floor and seconded by Henry Livas. I'll open it back up for discussion. Mr. Bernas? Jay Bernas: I just wanted to say, and not belabor the point, but I live at the northern end of Sunnyside Drive in Hunts Point. I've been there for about two years. Honestly, I didn't even know that they were there. I never really get stuck at the stop light. I think that during these hours of operation, I don't think would be an issue at all. There is a much larger church just to the north. I just don't really see an issue with it and I live there. Barry Knight: Thank you Mr. Bernas. Is there any other discussion? There is a motion on the floor to approve by Gene Crabtree and seconded by Henry Livas. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE Item #3 Pastor Toney Saunders, New Generation Worship Center Page 6 STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Pastor Toney Saunders, New Generation Worship Center. . _t.. A ---:...... I L(Y) _") '"-~-:;..... .:." ~._.M'. ,~ October 1, 2007 j,,..... -:- 6! U'i I ' 2'1'" ~ ;} iJLJ( Dora Pierce 820 Sunnyside Drive Virginia Beach VA 23464-2126 I ' r" L..~..,_,..^~,..,..),;.:.:_:;,..,~..-_\~.!.-;.:.::l.._""r_t....'~~.JfS }Li~J:;\I\IE\(j :-~; ~.. -.-- Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, V A 23456-9040 Ladies and Gentlemen, This letter is in response to the notice you sent me 9/24/2007 for a Conditional Use Permit (church) from: Pastor Toney Saunders New Generation Worship Center 6200 Pardue Court (GPIN 1456440175) District 2 - Kempsville Staff Planner Faith Christie Reference: 7113 3701 5371 0621 3980; 09/24/2007; 00001393-01 First let me say that I am an 85 year old widow that lives across the street from this property. I have lived in this house for 43 years and I can still drive. It is difficult for me to make an appearance for the planning commission hearing. I am truly against granting the request. Lakeville Estates has only one road in/out of the neighborhood and my house and the proposed church are at he same choke point one block from Indian River Road. Sunnyside Drive a two lane road and is very congested today. This permit will only add to the congestion. I attend church regularly and know fIrst hand of traffic problems prior to and after the services. There are already many churches in the immediate area. Prior to your consideration, has a traffic study been completed on Sunnyside Drive? Please deny the permit! Thank you for allowing my input. Sincerely, ~C?~~ Dora B. Pierce (757) 420-1086 Leming Change fwm 1<-1 S to AG-2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of J. D. Williams Construction, Inc. for aChanae of Zonina District Classification from R-15 Residential District to AG-2 Agricultural District on property located at 2672 Highland Drive (GPIN 1484118460). DISTRICT 1 - CENTERVILE. MEETING DATE: November 13,2007 . Background: The 13.42 acre site is currently zoned R-15 Residential and is part of a single- family residential subdivision along Highland Drive. The applicant is constructing a single-family house on the parcel and desires for portions of the house to reach a height of 41.5 feet. The R-15 Residential District only allows a maximum height of 35 feet. The zoning regulations for the R-15 Residential District do, however, allow a 42-foot tall residential structure. if the lot is part of a 10-lot subdivision of 15,000 square feet lots platted after June 10, 2003. The subject lot is located in a subdivision platted prior to that time. The applicant, therefore, proposes to rezone the existing R-15 Residential property to AG-2 Agricultural to allow the construction of the single-family house at a height of 41.5 feet. Under the regulations of the Agricultural zoning districts, the height of the structure may be increased to 42 feet provided the yard setbacks are increased by a minimum of five feet. . Considerations: The proposed house is situated on the lot so that all setback requirements of the Agricultural zoning district are exceeded by a minimum of 300 percent. The proposed rezoning would allow no more than one single-family dwelling with a maximum height of 42 feet. The subject property is isolated from surrounding properties and cannot be seen from Highland Drive except for the access point. Other agriculturally zoned properties are located to the east and the west of site. The proposed rezoning to Agricultural is not anticipated to cause any negative impact to the adjoining residential uses on Highland Drive. While the site is rather large at 13.42 acres, much of it is environmentally constrained, restricting the use of the areas around the dwelling; therefore, the potential for any incompatible uses possible with Agricultural zoning is negligible. J. D. Williams Construction Company, Inc. Page 2 of 2 The Planning Commission placed this item on the consent agenda because they felt that any impact of the proposed agricultural zoning to surrounding properties is negligible, Agricultural zoning is located to the east and west of the site, and there was no opposition to the proposal at the hearing. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departme"- City Manage~ k-, dG~ o ,1C-J (IT/Ii .~ .~ Zoning OI<J.nge fmm 1~-1 I) to AG-2 # Date Description Action 1 02-10-04 Subdivision Variance Granted 2 05-23-95 Modification of Proffers Denied 01-08-91 Zoning Change (AG-2 to B-2) Granted 01-08-91 Modification of Proffers Granted ZONING HISTORY J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 7 J.D. WilliAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 October 10,2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Chanoe of Zonina District Classification from R-15 Residential District to AG-2 Agricultural District. ADDRESS I DESCRIPTION: Property located at the southern terminus of Highland Drive. GPIN: 14841184600000 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 13.42 acres SUMMARY OF REQUEST The applicant proposes to rezone the existing R-15 Residential property to AG-2 Agricultural to allow the construction of a single-family house. The subject property is isolated from surrounding properties and cannot be seen from Highland Drive except for the access point. Other agricultural zoned properties are located to the east and the west of site. The applicant obtained a permit to build a single-family house within the R-15 Residential Zoning District which allows a dwelling with the maximum height of 35-feet. That house is currently under construction. The applicant, however, would like to increase the height of the dwelling to 41.5 feet. Under the regulations of the Agricultural zoning districts, the height of the structure may be increased to 42 feet provided the yard setbacks are increased by a minimum of five feet. The house is situated so that all setback requirements of the Agricultural zoning district are exceeded by a minimum of 300 percent. The proposed rezoning would allow no more than one single-family dwelling with a maximum height of 42 feet. Current R-15 Residential zoning would allow a 42-foot tall residential structure if the lot were part of a 10-lot subdivision of 15,000 square feet lots platted after June 10, 2003; however, this subdivision was platted prior to that time. A subdivision variance was approved for this site in 1994 to allow a lot width of 25.05 feet. J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Itern 2 page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family home under construction SURROUNDING LAND North: . USE AND ZONING: South: . . East: . . West: . . . Single-family dwelling I R-15 Residential District North Landing River Undeveloped I R-15 Residential District and AG-1 Agricultural District North Landing River tributary Single-family rural residential I AG-1 Agricultural District North Landing River Horse Boarding and Kennell AG-2 Agricultural District Single-family dwellings I R-15 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: The rear part of the property contains an extensive area of wetlands and "floodplains subject to special restrictions. as defined by the Site Plan Ordinance. There appears to be shrink and swell soils present on-site. The site is in an AICUZ of 65 to 70 dB Ldn and 70 to 75 dB Ldn surrounding Naval Air Station Oceana and Fentress Naval Auxiliary Field. The buildable area of the lot is in the less intense of the two noise zones. The United States Navy has reviewed the request and notes that the site is within an Interfacility Traffic Area; however the United States Navy has no objections to the application, as there is no change in density. AICUZ: IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM ICIP): Highland Drive is a residential cul-de-sac street. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Highland Drive Not Available Estimated Slightly Over There will be no change 300 ADT 1 (Level of in generated traffic as a Service "C") result of this zoning change. Average Dally Tnps based on 31 homes on street WATER AND SEWER: The proposed dwelling on this site is already under construction and will be connected to the public water and sewer system. There is an existing 4-inch City water main along Highland Drive. There J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 2 is an existing 8-inch City sanitary main along Highland Drive. Recommendation: Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Evaluation: This application for a rezoning from R-15 Residential to AG-2 Agricultural for the specific purpose of allowing an increase in the height of the dwelling from 35 feet to 41 .5 feet is acceptable. The proposed rezoning to Agricultural is not anticipated to cause any negative impact to the adjoining residential uses on Highland Drive. While the site is rather large at 13.42 acres, much of it is environmentally constrained, restricting the use of the areas around the dwelling; therefore, the potential for any incompatible uses possible with Agricultural zoning is negligible. The proposed rezoning is compatible with adjacent zoning districts consisting of Agriculture to the east and west and residential to the north and south. Staff, therefore, recommends approval of the proposed change of zoning. 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. J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 3 ~ r ~. ~...~.!. e~l~ 1!i~0l- t ~l .. .. .. a~ i~ ... g ~ ,a . it I ~ ....u 'i I>i ~=s.-:~~ I iLi$. \ \ ~ \ i~I~~~~ ~!~2 \ \'.\ \ w:;s ia: oj z~i \ \\ \ Ole! t ~u; I \ \ '. \ \ Iii!~.. \ \\ \ \ """..~ a~ 2 ,\\ .ttJWII'IE...~ li!.. I ... \\, \~.......r- 8~ ...li'~ .........,.. \' \ ....-.....-- =5 ... ~ ~ ~ ~~ \ ... \ """...~ ~ .. \ \ \ nS: ,...~ :..:~ 'i. . p.c,-...-z, <e.\;\ ~.. \ \~'i \ \ ,\ \-------- 'l!.\~\ \ \.. """.._' \~ \ \ ": "'tl: :;Nr.L, ~ ~__...._t'---- ~ \ \; ,\ ...-......-....- ~ ~~ ~~ l:~ .~d II~' n I ,~~ 'i ./ I t~l 1Ilt I I ilL ~ I I ~ ii- ! III i@r~ I; NI, tlli /1 I ~g!a I.. to / / / / l!i~: u!~ ~ / '/ III 51 I! xlal s-/ / / to it !s!d ;Iii ~..~ -2n 'oX. / f:t I~ ~~ iiill! slil ~~ .. ~~ ~~~I; t-II ,/ ''1-', -...t!... ~ Ila, e I~ I ~ J~''/ "- .-----llh!i a~l '" ir~ '\ -- -- -- 1.I~~i Xi;! ( /' /' ;~~ \ ;iiii! I:II! il " 1~llqiill \ gal I "a 8~i~11 ;s~ti i!i~h iMI ! ~ III .J ~ < o IDg ~ 0: i~ Q. o < a: CI ~ &1 ='. I is i ~I i .. ilhi r.iil .;wun t i . li ~"! PROPOSED SITE PLAN J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 5 PHOTOGRAPH OF BUILDING J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 6 [I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) J.D. Williams Construction Co., Inc.: J. Dennis Williams, President/Secretary 2. List all businesses that have a parent-subsidiary 1 or affiliated business entiif relationship with the applicant: (Attach list if necessary) 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiaryl or affiliated business entiif relationship with the applicant: (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 2 & See next page for footnotes Rezoning Application Page 9 of 10 Revised 9/1/2004 z o ~ ~ U ~ ~ ~ =< t-' Z ~ Z o N ~ DISCLOSURE STATEMENT J.D. WILLIAMS CONSTRUCTION COMPANY,INC. Agenda Item 2 Page 8 z o t---4 ~ U t---4 ~ ~ ~ c.:J Z t---4 Z o N ~ DISCLOSURE STATEMENT II ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services, real estate services, financial services. accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy. P.C. WPL 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code ~ 2.2-3101. 2 '~Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership inte~est in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Govemment Conflict of Interests Act, Va. Code ~ 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. J. . s Consn:uction Co., Inc. B : (I~_ J. Dennis Williams, President Ap Ins Signature Print Name Property Owner's Signature (if different than applicant) Print Name Rezoning Application Page 10 of 10 Revised 9/112004 DISCLOSURE STATEMENT J.D. WILLIAMS CONSTRUCTION COMPANY,INC. Agenda Item 2 Page 9 AERIAL OF SITE LoeA TION J.D. WILLIAMS CONSTRUCTION COMPANY, INC. Agenda Item 2 Page 4 Item #2 J.D. Williams Construction Company, Inc. Change of Zoning District Classification 2672 Highland Drive District I Centerville October 10, 2007 CONSENT Barry Knight: Our next order of business is the consent agenda. And with this, I'll turn it over to the Vice Chairman, Jan Anderson. Janice Anderson: Thank you Chairman. This afternoon we have six matters on the consent agenda. The first matter is agenda item 2. That is an application of J.D. Williams Construction Company, Inc. This is an application for a Change in Zoning from R-15 Residential District to AG-2 Agricultural District on property located at 2672 Highland Drive, Centerville District. Mr. Bourdon? Eddie Bourdon: Thank you madam Vice Chair. For the record, Eddie Bourdon, a Virginia Beach attorney. First of all, I apologize. I was speaking to Ms. Prochilo. Thank you for deferring item 15 indefinitely. The J.D. Williams application, we appreciate being on the consent agenda. I was able to speak to the owners after the informal session and they have no problem with trying to preserve the Cypress trees. They are going to do that. I'm not sure exactly how we do that, but we'll get with the City Attorney's Office between now and City Council and try to figure out a way to do that. They have no intention of removing the Cypress trees. Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application being placed on the consent agenda? Seeing none, the Chairman has asked Al Henley to review this for us. Al Henley: The property is located at the southern terminus of Highland Drive. Staff recommends approval of this request. This application for a rezoning from R -15 Residential to AG-2 Agriculture for a specific purpose of allowing an increase in the height of the dwelling from 35 feet to 41.5 feet is acceptable. The proposed rezoning to agriculture is not anticipated to cause any negative impact to the adjoining residential uses on Highland Drive. While the site is rather large at 13.42 acres, much of that is environmentally constrained, restricting the use of the areas around the dwelling; therefore, the potential for any incompatible uses possible with agricultural zoning is negligible. Therefore the Planning Commission has placed this application on consent. Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion for the approval of the following agenda item. It is agenda item 2. Item #2 J.D. Williams Construction, Inc. Page 2 Barry Knight: Thank you. There is a motion on the floor by J an Anderson and seconded by Gene Crabtree. Do I have any discussion? I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 2 for consent. 0,1 G-2 Flood Plain Variance R-20 Zoning Change from R-20 to Condit. 0-1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Troy Scoggin for a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at 2310 Princess Anne Road (GPIN 2404531549). DISTRICT 7 - PRINCESS ANNE. b) Application of Troy Scoggin for a Chanae of Zonina District Classification from R-20 Residential District to Conditional 0-1 Office District on property located at 2310 Princess Anne Road (GPIN 2404531549). DISTRICT 7- PRINCESS ANNE. MEETING DATE: November 13, 2007 . Background: The applicant proposes to rezone the existing property, zoned R-20 Residential District to Conditional 0-1 Office District to allow an office building. The building located on the parcel is currently used as a single-family dwelling. The applicant intends to utilize the existing 2,089 square foot, two-story structure for office uses. . Considerations: No modifications to the exterior of the structure will be made. A new parking lot located on the east side of the parcel, consisting of eight (8) regular parking spaces and one (1) handicap-accessible parking space will be constructed to accommodate the new office use. Foundation landscaping will be installed on the south, east, and west sides of the building. Street frontage and parking lot landscaping including seven trees will be installed. One (1) access point is provided from Princess Anne Road. The site is located within a floodplain, and thus, porous pavers will be utilized with the construction of the parking lot to mitigate the impact to the floodplain and upstream waters. The applicant is requesting a variance to allow the proposed improvements within the floodplain, specifically parking lot improvements. The applicant proposes to reduce the impervious area by over ten (10) percent by removing existing compacted gravel and installing porous pavers for the parking surface at an elevation of the existing grade. No curb and gutter will be installed. Net floodplain storage is not impacted and stormwater management requirements for both quality and quantity are met by the reduction of impervious area. Troy Scoggin Page 2 of 2 The proposed conditional rezoning from R-20 Residential to 0-1 Office is consistent with the land use planning policies of the Comprehensive Plan. The proposed office use is compatible with surrounding residential, agricultural, and business zoning districts. Based on parking regulations as outlined in the City's Zoning Ordinance, there is adequate parking to support the proposed office uses. The Planning Commission placed this item on the consent agenda because it is the reuse of an existing dwelling for an office, the redevelopment of the parking area with pavers to provide improved water penetration is beneficial, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ City Manager: . l \ ~~ '-"I'r TROY SCOGGIN Agenda Items 13 & 14 October 10, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: 13) Variance to Section 5B of the Site Plan Ordinance. Floodolain Reoulations 14) Chanoe of Zonino District Classification from R-20 Residential District to Conditional 0-1 Office District Flood Plain Variance R-20 Zoning Change from R-20 to Condir. 0-1 ADDRESS I DESCRIPTION: 2310 Princess Anne Road GPIN: 2404531549 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 13,989 square feet SUMMARY OF REQUEST The applicant proposes to rezone the existing property, zoned R-20 Residential District to Conditional 0-1 Office District to allow an office building. The parcel currently houses a single-family dwelling. The applicant intends to utilize the existing 2,089 square foot, two-story structure centered on the site to house office uses. No modifications to the exterior of the structure will be performed. A new parking lot located on the east side of the parcel, consisting of eight (8) regular parking spaces and one (1) accessible parking space will be constructed to accommodate the new office use. The site is located in flood zone AE. Porous pavers will be utilized within the construction of the parking lot to mitigate the impact to the floodplain and upstream waters. Foundation landscaping will be installed to on the south, east, and west sides of the building. Street frontage and parking lot landscaping including seven trees will be installed. One (1) access point is provided from Princess Anne Road. As part of this application, the applicant is requesting a variance to allow improvements within the floodplain, specifically parking lot improvements. The applicant proposes to reduce the impervious area by over ten (10) percent by removing existing compacted gravel and installing porous pavers for the parking surface at an elevation of the existing grade. No curb and gutter will be installed. Net floodplain storage is not impacted and stormwater management requirements for both quality and quantity are met by the reduction of impervious area. TROY SCOGGIN Agenda Items 13 & 14 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family dwellings / R-20 Residential District . Princess Anne Road . Retail / B-2 Community Business District . Single-family dwellings / AG-2 Agricultural District . Vacant, City owned land / B-2 Community Business District . Vacant, City owned land / R-20 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: This site is located entirely in flood zone AE. There are no known cultural features on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in front of this application is a two-lane undivided minor suburban arterial. It is not shown on the Master Transportation Plan Map for future improvements. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 23,500 ADT 16,300 ADTi (Level of Existing Land Use ~ - 6 Road Service "E") ADT Proposed Land Use 3 - 88 ADT (This facility is currently operating in Level of Service "F") , Average Dally Tnps 2 as defined by existing R-20 zoning at 17 trips/acre times .3 acres 3 as defined by proposed 0-1 zoning at 296 trips/acre times .3 acres This section of Princess Anne Road, between Seaboard Road and North Landing Road, has an existing volume/capacity ratio of 1.88 and is the highest over-capacity road in the City of Virginia Beach. Relief is expected in Fall 2009 with the completion of the VDOT Nimmo Parkway Phase V-A project, CIP2- 121. TROY SCOGGIN Agenda Items 13 8t 14 Page 2 WATER: This site has an existing 5/8-inch water meter (ID#9500087) which may be used or upgraded. There is a 16-inch City water main in Princess Anne fronting the site. SEWER: This site currently connects to City sanitary sewer. Analysis of vacuum Pump Station #627 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch sanitary vacuum sewer main in Princess Anne Road fronting the site. STORMWATER: The referenced site plan must develop a stormwater management plan for water quantity and quality in accordance with the Public Works Specifications and Standards. The proposal to use pervious pavers for the parking lot is based on infiltration and thus the paver parking lot will need to be designed to function to provide infiltration. The paver parking lot will need to be designed to provide infiltration of surface water into the ground based on the design guidelines for infiltration facilities. This proposed property is located within Flood Zone "AE". The Public Works Specifications and Standards do not permit retention ponds and detention ponds to be constructed with the floodplain. DEVELOPMENT SERVICE CENTER: The floodplain variance request provides sufficient response. The plan shows no net fill in the floodplain or no net loss in floodplain storage. Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the Primary Residential Area. Proposed development within the Primary Residential Area should focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. As stated in Chapter 3 of the Comprehensive Plan, "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non- proliferation of such activities." Evaluation: The proposed conditional rezoning from R-20 Residential to 0-1 Office is consistent with the land use planning policies of the Comprehensive Plan. The proposed office use is compatible with surrounding residential, agricultural, and business zoning districts. Based on parking regulations as outlined in the City's Zoning Ordinance, there is adequate parking to support the proposed office uses. The site is located within floodplain AE and any efforts to mitigate impacts to the floodplain and the stormwater management system is desired. Installation of pavers and waiving the requirement for curb, gutter, and concrete or asphalt parking lot surfaces will reduce current impervious area by over ten (10) percent therefore mitigating impacts on the floodplain. TROY SCOGGIN Agenda Items 13 & 14 Page 3 The existing structure extends into the required front yard setback for 0-1 Office Zoning Districts. Approximately 45 square feet of the southwest corner of the building is located within the required 30-foot front yard setback. According to Section 107(i) of the Zoning Ordinance, City Council has the ability to approve applications where the parcel(s) involved do not meet minimum area or dimensional restrictions if they find that either special circumstances pertinent to the site or special conditions attached to the petition pursuant to subsection 107(h) Conditional Zoning within the Zoning Ordinance satisfactorily offsetting the negative effects inherent in the area or dimensional deficiency. Staff finds that the encroachment into the setback is satisfactorily offset by the benefits of reducing the impervious surface onsite and mitigating the impacts to the floodplain. Traffic on Princess Anne in front of this application is operating at a level of service "F" and the proposed use increases average daily trips made to this site; however, relief for this roadway is anticipated in 2009 with the completion of the VDOT Nimmo Parkway Phase V-A project, CIP 2-121. Given the fact that the proposal is in conformance with the Comprehensive Plan and is reducing impacts within the floodplain, staff recommends approval with the submitted proffers. 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," (9107(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 Property shall be developed substantially as shown on the exhibit entitled "Preliminary Site Plan, Mr. Troy Scoggin Rezoning of 2310 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). PROFFER 2: Further conditions as may be required by the Grantee during detailed site plan andlor subdivision 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. These proffers insure parking lot, foundation, and streetscape landscaping will be installed. The proposed sign will have to installed based on the City's signage regulations. All floodplain regulations aside from the above mentioned variances will also need to satisfy. The City Attorney's Office has reviewed the proffer agreement dated May 1,2007, and found it to be legally sufficient and in acceptable legal form. TROY SCOGGIN Agenda Items 13 8t 14 Page 4 CONDITIONS 1. A storm water management plan must be submitted within sixty (60) days to the Planning Department / Development Service Center for review and approval. 2. The paver parking lot shall be installed and designed in accordance with State and City Design Guidelines for infiltration of surface stormwater runoff. 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. TROY SCOGGIN Agenda Items 13 $ 14 Page 5 AERIAL OF SITE LOCATION TROY SCOGGIN Agenda Items 13 & 14 Page 6 -~ ,,6>/ / /-/ o -< o 0::: ~ z z -< r:/J. CJ:; ~ u z ;:::;: i5: PROPOSED SITE PLAN TROY SCOGGIN Agenda Items 13 & 14 Page 7 PROPOSED BUILDING ELEVATION TROY SCOGGIN Agenda Items 13 & 14 Page 8 021 G-2 Flood Plain Variance R-20 Zoning Change from R-20 to Condit. 0-1 # Date Action 1 08/10/99 Denied 08/10/99 Denied 2 01/23/89 Withdrawn 3 08/10/99 Granted 08/10/99 Granted 4 01/23/89 Denied 5 04/25/00 Granted ZONING HISTORY TROY SCOGGIN Agenda Items 13 8c 14 P~ge 9 II DISCLOSURE STATEMENT ~ APPLICANT DISCLOSURE If the applicant is a corporation. partnership. fiml. business. or other unincorporated organization. complete the following: 1. list the applicant name followed by the names of all officers. members. trustees. partners. etc. below: (Attach list if necessary) Troy $coggin 2_ List all businesses that have a parent-subsidiary! or affiliated business entitY' relationship with the applicant: (Attach list jf necessary) N.:A EJCheck here If the applicant is NOT a corporation. partnership. firm, business. or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dffferent from applicant. If the property owner is a corporation. partnership. firm. business. or other unincorporated organization. complete the follo\'Ving: 1. Ust the property owner name followed by the names of all officers. members, trustees. partners. etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entilV' relationship with the appiicant: (Attach list if necessary) G:VCheck here if the property owner is NOT a corporation, partnership. firm. business. or other unincorporated organization. 1 0 & . See "',ex! page for footnotes Does an official or employee of the City of V;rglnla Beach have an interest In the subject land? Yes _ No ~ If yes. what is the name of the official or employee and the nature of theIr interest? N.'A :'~"ld1:or-.a1 Rf:!lCninp Appt!r.3bon P3ge. 11 of 1;t R"".sed ~,.. ~ 5.:1006 :z; o I I 'H its ! I I !~ ~ ~ ~ Z I I ~ N ~ ~ o I I E-t I I Q Z o u DISCLOSURE STATEMENT TROY SCOGGIN Agenda Items 13 .~ 14 Page 10 ~ I I ~ U I . ~ ~ ~ t.::) Z I I ~ N ga ~ o I I f-4 I C ~ Z o u DISCLOSURE ST A T~MENT II ADDITIONAL DISCLOSURES List all Known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to t,'ie proVlders of architectural services, real estate services, financial services. accounting services, and legal services: (Attach iis! if necessary) Blakeway Corpora~~n. LeClair Ryan PrudentJal Decker Realt:..: Town 9an<< , 'Parent-subsidiary relationship' means "a relationship that exislS when one corporatIOn directly or ",directly owns shares possessing more than 50 percent at the vOting power of another comoratJon: See State and Local Govemment ConmC'. ot Interests Act. Va Code S 2.2-3101 ~. . Affiliated business entity relationship" means "a relationship, other than parent. subsid=ary relationship. thaI exists when (i) one bUSiness entity has a controlling ownership interest in the other bUSIness entity. (ii) a controUing owner in one entity is also a controllt"fl owner In the other erltity. or {iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business enti:)' 'elationship Include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or othelWlse share acti\'ities, resources or personnel on a regular basis: or there IS otherwise a cfose working relationsh:p bet\A.'een the entitles' See State and Local Govemment Conflict of Interests Act, Va Code ~ 2.2-3101 CERTIFICATION: I certify that the Informat.on contained 'lerein is :rue and accurate I understano :"at. u;)On receIpt ,:.r notification (postcard) that :he applicatiCf' has been sch~dulec fo- pub:ic hearing. : arr responsible for obtal'li~ anc pQS;Jng 1M required 5'9n on the subject propelt~ at least JC' daiS p~or :0 tM schedJled public hearir.g according to the ,nstructJons '1'1 thiS package ihe undersigned also conse'lts to er.try upon the suoject prope~ by employees of me Departme"lt 0; Plann,ng to P'1oto.;;raph and view the Si~ for purposes of processmg 3"C e'i3'uatins; this app:io4!1ion ./ g-;-? . ' ; ,':. .~ -.:. --.;.;~ ,.. ~.-{.(,,- ----.--- Ap:lI;Car,t'5~ig!'!G~'J'e / Trey Sco;g,r; ;;"'n~ Name Pnn~ \lame PrOp!lIt:r Own>!r" Sognaturt? {if dlfferenl than api'lic.;nl;' ~e::CJ'l::':;'; Apphc.;:ior; "a~e 'J c~ lC R~\'Is.e:J 1 ~ '''! .'1);i DISCLOSURE STATEMENT TROY SCOGGIN Agenda Items 13 ~ 14 Page 11 Items #13 & 14 Troy Scoggin Variance to Section 5B of the Floodplain Ordinance Change of Zoning District Classification 2310 Princess Anne Road District 7 Princess Anne October 10, 2007 CONSENT Janice Anderson: The next matters are agenda items 13 and 14. They are the applications of Troy Scoggin. This is a request for a Variance to Site Plan Ordinance in the Floodplain Regulations on property located at 2310 Princess Anne Road. It is also an application for a Change of Zoning from R-20 Residential to Conditional 0-1 Office. This is in the Princess Anne District. Lisa Murphy: Good afternoon. My name is Lisa Murphy. I'm a local attorney and I'm here today on behalf of Troy Scoggin. We also really appreciate being placed on the consent agenda. Thank you. Janice Anderson: Thank you Ms. Murphy. Is there any opposition to placing these applications on the consent agenda? Seeing none, the Chairman has asked Don Horsley to review these applications for us. Donald Horsley: Thank you. The applicant proposes to rezone the existing property, which is zoned R-20 Residential to Conditional 0-1 Office. Using the existing dwelling that is on the property, there is a need for a new parking lot consisting of about eight spaces according to the City Zoning. To do this, they need a floodplain variance to allow improvements in the floodplain for the parking lot. The net floodplain storage is not impacted by the manner in which the lot will be developed. There is no opposition. The staffhad a favorable recommendation, so we thought it merited consent agenda status. Janice Anderson: Thank you Don. Mr. Chairman, I have a motion for the approval of the following agenda items. They are agenda items 13 and 14. Barry Knight: Thank you. There is a motion on the floor by Jan Anderson and seconded by Gene Crabtree. Do I have any discussion? I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE Items #13 & 14 Troy Scoggin Page 2 KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved items 13 and 14 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6765 DATE: November 1, 2007 FROM: Leslie L. Lilley . ~,~~ B. Kay Wllso~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Troy Scoggin The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 13,2007. I have reviewed the subject proffer agreement, dated May 1, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen DECLARATION OF CONDITIONS AND RESTRICTIONS TffiS DECLARATION OF CONDITIONS AND RESTRICTIONS ("Declaration") made and entered into effective the 1st day of May, 2007, by and between TROY SCOGGIN being referred to herein as ("GRANTOR"), and THE CITY OF VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia, being referred to herein as ("GRANTEE"), provides and states as follows: WITNESSETH: WHEREAS, GRANTOR is the owner of that certain parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 2310 Princess Anne Road, GPIN No: 2404-53-1549-0000, more particularly described in Exhibit A. attached hereto and incorporated herein by reference ("Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning Classification of the Property from R-20 Residential District to Conditional 0-1 Office District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed'rezoning, 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 resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Property, 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 Zoning Map relative and applicable to the Property, which has a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW, THEREFORE, the GRANTOR, its 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 or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical GP~: 2404-53-1549-0000 Prepared by: LeClair Ryan, A Professional Corporation 283 Constitution Drive, Suite 525 Virginia Beach, Virginia 23462 development, operation, and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN, Mr. Troy Scoggin Rezoning of 231 0 Princess Anne Road", prepared by Blakeway Corporation, which has been exhibited to the Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of Planning ("Planning Department"). 2. Further conditions as 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. GRANTOR further covenants and agrees that: All references herein to R-20 Residential District and 0-1 Office District and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Declaration by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the amendment to the zoning ordinance of the City of Virginia Beach, Virginia, in force as of the date this Declaration is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before City Council which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 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 and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with 2 9 such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions 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 these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of each of the GRANTOR and GRANTEE. WITNESS the following signatures and seals: GRANTOR: ~ Troy oggin (SEAL) COMMONWEALTH OF VIRGINIA CITY OF (j,jil7:a...,&~to wit: The foregoing instrument was acknowledged before me this =Jw.- day of May 2007, by Troy Scoggin. ~'~L otary Pu c _ Registration No.: 3 iP5 9 g ? .' :' r [SEAL] . ~ .. . . \ My Commission Expires: 6/31/119 , I <: .- 3 Exhibit A ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, known, numbered and designated as Parcel liB", as shown on that certain plat entitled, "PLAT SHOWING EXCHANGE OF LAND BETWEEN TIDEWATER LODGE 7730 & RUTH LODGE 92 AND GENEVA WILLS, L YNNHA VEN BOROUGH, VIRGINIA BEACH, VIRGINIA", dated March25, 1962, and made by Palmer L. Smith. C.L.S., and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 939, at Page 238. LESS, SAVE AND EXCEPT the portion of the foregoing property conveying to the City of Virginia Beach, Virginia, by Certificate No. 1113, dated July 13, 1990, recorded in the aforesaid Clerk's Office in Deed Book 2932, at page 1102, and Order entered pursuant thereto on June 1, 1992, recorded in Deed 3093, at page 497. The excepted property is shown as the cross hatched area on that plat entitled "Plat Showing Property Conveyed to the City of Virginia Beach from Masonic Lodge" recorded in Map Book 205, Page 2. GPIN: 2404-53-1549-0000 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance amending Sections 111 and 205 of the City Zoning Ordinance defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored. MEETING DATE: November 13,2007 . Background: The provisions of the City Zoning Ordinance regulating where recreational vehicles can be parked and stored on a residential lot have been, at times, confusing to residents and to staff. The proposed amendments clarify the regulations in regard to locations on the lot where storage is allowed and to types of equipment to which the regulations apply. . Considerations: The proposed amendment does the following: . Adds "utility trailer" to the definition of equipment to which the rules apply, and . Clarifies where such recreational equipment can be stored when the home is L-shaped and when the home is on a corner lot or a through- lot. Under the current ordinance, major recreational equipment may legally be stored in a portion of the front yard of a lot on which the residence is built in an L-shape. The amendment rectifies this deficiency in the current ordinance by allowing major recreational equipment to be stored only behind every plane of the structure parallel to the street. Exceptions are made for through lots and corner lots. The Planning Commission placed this amendment on the consent agenda since there was no opposition to the proposed changes and the amendments are intended to clarify and improve the regulations applicable to major recreational equipment. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the amendments. CITY OF VIRGINIA BEACH - Amendment to the Zoning Ordinance for Major Recreational Equipment Page 2 of 2 . Attachments: Staff Review Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ CltyManage~ k. ~~ CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 111 AND 205 - RECREATIONAL EQUIPMENT Agenda Item 18 October 10, 2007 Public Hearing REQUEST: An Ordinance amending Sections 111 and 205 of the City Zoning Ordinance defining "Major Recreational Equipment" and restricting the locations on which such equipment may be stored. SUMMARY OF AMENDMENT This amendment would add utility trailers to the definition of major recreational equipment, requiring certain storage locations. The amendment also would increase the area within a lot on which major recreational equipment may not be stored. Under the current ordinance, such equipment may legally be stored in a portion of the front yard of a lot on which the residence is built in an L-shape. The amendment rectifies this deficiency in the current ordinance by allowing major recreational equipment to be stored only behind every plane of the structure parallel to the street. Exceptions are made for through lots and corner lots. RECOMMENDATION The proposed amendments clarify the locations on a lot where major recreational equipment may be stored, as well as increase such storage areas while still ensuring that the equipment is minimally visible from public right-of-ways. The amendments, therefore, are recommended for approval, as they provide greater storage opportunities for the owners of major recreational equipment and improve enforcement by clarifying the storage locations on a lot. CITY OF VIRGINIA BEACH - MAJOR RECREATIONAL EQUIPMENT Agenda Item 18 Page 1 1 AN ORDINANCE AMENDING SECTIONS 111 AND 205 OF 2 THE CITY ZONING ORDINANCE DEFINING "MAJOR 3 RECREATIONAL EQUIPMENT" AND RESTRICTING THE 4 LOCATIONS ON WHICH SUCH EQUIPMENT MAY BE 5 STORED 6 Sections Amended: City Zoning Ordinance SS 111 and 205 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the City Zoning Ordinance is hereby amended and reordained by the 14 amendment of Sections 111 and 205, to read as follows: 15 16 ARTICLE 1. GENERAL PROVISIONS 17 18 19 20 Sec. 111. Definitions. 21 22 23 24 Major recreational equipment. For purposes of this ordinance, major recreational 25 equipment includes travel trailers, pickup campers or coaches, motorized dwellings, tent 26 trailers, converted buses or similar devices intended for use as portable recreational 27 housing, boats and boat trailers, amphibious houseboats. utilitv trailers and the like 28 similar items, and cases.1. eJ= boxes. or trailers used for transporting recreational 29 equipment, whether occupied by such equipment or not. 30 31 32 COMMENT 33 This amendment would add utility trailers to the definition of major recreational 34 equipment, requiring certain storage locations. 35 ARTICLE 2. GENERAL REQUIREMENTS 36 AND PROCEDURES APPLICABLE 37 TO ALL DISTRICTS 38 39 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 40 PARKING AND OFF-STREET LOADING 41 42 1 43 44 Sec. 205. Major recreational equipment. 45 46 47 48 (d) Where the principal use of a building is residential, major recreational 49 equipment shall be stored only as a use accessory to a permitted principal use, and 50 subject to the following limitations: No such Such equipment shall be parked or stored 51 on any lot except onlv within a building or behind every plane of a structure that is 52 substantiallv parallel to and facinq the public riqht-of-wav. behind the nearest portion of 53 a building that is directly adjacent to a street,,,- On throuqh lots. such equipment may 54 also be parked or stored on the portion of the lot that is c1earlv and phvsicallv the rear of 55 the lot provided that it is substantiallv screened from the public riqht-of-wav with a six (6) 56 foot solid fence or equivalent veqetation or landscapinq. On corner lots. such equipment 57 may also be parked or stored on the portion of the lot that is clearlv and phvsicallv the 58 rear of the lot and behind the plane of the house parallel and closest to the public riqht- 59 of-way. ~ Such equipment may be parked entirely within a driveway for a period not 60 to exceed twenty-four (24) hours during loading or unloading. For purposes of this 61 section, the term "driveway" shall include any portion of a lot, surfaced or otherwise, that 62 constitutes an approved parking area or provides access to an approved parking area. 63 64 65 [Attached diagrams are included] 66 COMMENT 67 The amendment would increase the area within a lot on which major recreational 68 equipment may not be stored. Under the current ordinance, such equipment may legally be stored 69 in a portion of the front yard of a lot on which the residence is built in an L-shape. The amendment 70 rectifies this deficiency in the current ordinance by allowing major recreational equipment to be 71 stored only behind every plane of the structure parallel to the street. Exceptions are made for 72 through lots and corner lots. 73 of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2007. day Approved as to Content: AProive~ as ~o Le9.al Frt1~: I {; fM;t ; J~ ffiu.' City Attorney's Office CA 10337 R-5/September 27, 2007 2 L-SHAPED DWELLING ON A SINGLE STREET Lot line ~------------------~-~---~ I I I I- I I I I I- I I - - or dv:eIling parallel toland facing street I I - - Front plane -. ..- - dwelling parallel to:and facing street - ...... - ..,. I , J1r;\l."'.U;.'~/~.~ t -~ k>'. ! '-' C:k 'f ~ Y . .......... S--R'-'-- ... t . ~ '-._1 I, ,-I...., KEY CJ Recreational vehide allov/ed in this area DWELLING ON A CORNER ~--------------------- I 0 0)...... I. tE -ou I ~~ ~.8 I 0:: (li ::: ...... = QJ 15 ~ ~ '-co...... u... Q.V'l 1/ I I I I r-- I I -~--- I I I REAR IYARD I I QJI c: :.:J. ...... .9 I I I - -- STREET A KIEV [J Recreational vehicle allowed in this area STREET B Front Plane of dwelling parallel to and facing Street A DWELLING FRONTING ON A SINGLE STREET ~------------------------- Lot line I I 1 I I I I I 1- - - I t I I I I I J I I I I I - - +- ~. Vi "a- "I' I ...^ -~ : f-~' ,..... ~... ,_>, lal'~ 'l'~ _j.(1 _, ,~n; <,,0_., ~ . ............_.... .,"" lOo'.....> '...... _....>.;;_... Drj\/e\vay .c.._._..,..e,__--+- m STREET CJ Recreatlcnai vehlde alb,\'ed in thiS area DWELLING LOCATED ON A THROUGH-LOT STB,tt: t -------------------------1 I I I I r...- '" ~.~..^- Lot ~ine - -- - - I I I - - +- I I I I I I I Front plane of dwelling parallel to and facing street STREET D o Recreational vehicle al!mved in this area Recreationa! vehicle allowed in this area enly viith fencing or landscaping on rear lot nne per Section 205( d) Item #18 City of Virginia Beach An Ordinance amending Sections 111 and 205 of the City Zoning Ordinance defining "Major Recreational Equipment" And restricting the locations on which such equipment may be Stored October 10, 2007 CONSENT Janice Anderson: The last matter is agenda item 18. This is the application of the City of Virginia Beach. It is for an ordinance amending Sections of the Virginia Beach Code. They are Sections 111 and 205. This involves major recreational equipment, and where they are stored. Karen Lasley? Karen Lasley: Thank you. For many years, Virginia Beach has had pretty strong regulations about where you can park recreational equipment including boats and campers in residential areas. But those rules have some holes in them, and these amendments are a result of working with several neighborhoods where those loopholes have become major concerns. The amendments do two basic things. Number one, they amend the definition for the type of equipment that the rules apply to, to include utility trailers and; number two, they clarify where you can park recreational equipment on "L" shape lots, through lots, and on corner lots. There are some diagrams that to go along with them that make it very clear. These amendments should help a great deal with enforcement. A gain, I would like to thank Kay Wilson and Stephen White for their work on these amendments. And, I would especially like to thank Mr. Paul Nelson of the Trentwood neighborhood, who made certain that I didn't forget to get this job done. Mr. Nelson couldn't be with us today but I have a couple ofletters of support from him and 55 signatures from the Trentwood area that he obtained on a petition. I will give that to Mr. Weeden to be part of your record. Thank you. Janice Anderson: Thank you Ms. Lasley. Is there any opposition to this matter being placed on the consent agenda? Thank you. Mr. Chairman, I have a motion for the approval of the following agenda item. It is agenda item 18. Barry Knight: Thank you. There is a motion on the floor by J an Anderson and seconded by Gene Crabtree. Do I have any discussion? I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE Item #18 City of Virginia Beach Page 2 KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item 18 for consent. -\-retI\ \ ib 1259 Meadow Lake Road Virginia Beach, VA 23454 June 16, 2006 '~- .1 Ms Karen Lasley Department of Planning City of Virginia Beach 2405 Court House Drive Virginia Beach, VA 23456 n ;~, I 1 r, .....i....oii 1. "". I;~~~ :. ....:', , 'j 4,\Y::. " Dear Ms Lasley, Thank you for returning my call and bringing me up to date on issue the parking of recreational vehicles on residential property. I trust the incongruous and poorly written city ordinance governing the matter can be resolved in the near term. It is interesting that everyone I talked to in the Zoning Department or the City Attorney's Office in the last few months was immediately aware of the "L-shaped house" anomaly in-as all agreed--an ordinance intended to get boats, R V's and the like out of front yards. It is even more interesting--if not disconcerting--that no one in the city bureaucracy has yet done anything to set the matter straight. Indeed, many of the people with whom I talked seemed unconcerned if not flippant in even discussing the matter. .. almost as if they were proud of this oddity in city law. Frankly, I found their rather smug attitude extremely objectionable in a public servant. I have enclosed a copy of the letter sent to Reba McClanan along with signatures of 55 like-minded Virginia Beach residents who agree that the city ordinance changed to reflect stated policy. I've also included a copy of the email that forwarded the letter to several other city council members and civic organizations. I appreciate your attention and help in resolving this small but nevertheless troubling thorn-in-the-side issue. Please call, write, or email me if you need more information (telephone 481-3189, email nels23454@aol.com). PS I realize the matter must be studied and hashed out in the planning department before the ordinance can be changed. I would hope, however, that a simple, clear and easily understandable statement such as "no such equipment shall be parked or stored in front or at the side of any portion of building facing a public street" would be sufficient. And that a mere stroke of the city hierarchy's pen could make it happen. Email Copy to: Council Lade Reba McClanan E}fj}1L May 17,2006 Dear Council Lady McClanan, We ask for your help in resolving a disparity in the municipal regulation regarding parking and storage of major recreational equipment on residential property. This ordinance -- poorly worded and not uniformly and fairly applicable to all residences - needs to be set right in conformance with what we believe to be city council policy. The matter has been discussed with the Zoning Department and the City Attorney's office with little satisfaction. Indeed, response in some instances has ranged from indifference to patronizing arrogance. Not what one would expect from public servants who presumably should be interested in, aware of and working for the common good. Thus and upon the advice of several citizens, we have addressed a signed letter to you (advance copy attached) along with signatures of over fifty like-minded citizens requesting that the ordinance be rewritten to reflect city council's objectives in maintaining neighborhood appearances... that is, to keep major recreational equipment out of residential front yards including those of L-shaped buildings. We recognize this is a relatively minor matter in the affairs of city council, but your assistance in getting it rectified would be much appreciated. Paul C. and Darlene L. Nelson Email Copy to: The Honorable Meyera E. Obendorf Council Lady Rosemary Wilson Councilman James L. Wood Charles W. Meyer, Chief Operating Officer, City of Virginia Beach Ken Jobe, President, Virginia Beach Council of Civic Organizations Anne Herrick, President, Virginia Beach Council of Garden Clubs 1259 Meadow Lake Road Virginia Beach, VA 23454 May 17,2006 Council Lady Reba S. McClanan Municipal Council, City of Virginia Beach 2401 Courthouse Drive, Room 281 Virginia Beach, Virginia 23456 Dear Madam: It is our understanding based on discussions with city officials and long term residents of Virginia Beach that municipal regulation Article 2, Section 205 exists expressly to prohibit major recreational equipment from being parked or stored on the frontage area of residential property. While there may be other reasons for this ordinance, its most obvious purpose is to maintain a quality, well-kept appearance of city neighborhoods. That ordinance states, in part (underlined portion in reference to this letter): Sec. 205. Major recreational equipment. (d) Where the principal use of a building is residential, major recreational equipment shall be stored only as a use accessory to a permitted principal use, and subject to the following limitations: No such eouipment shall be parked or stored on any lot exceet within a buildina or behind the nearest portion of a buildina adiacent to a public street; provided, however, that such equipment may be parked entirely within a driveway for a period not to exceed twenty-four (24) hours during loading or unloading... The problem is that the ordinance, as written, uniquely and unfairly allows residents of "L-shaped houses" (the term used by zoning officials and the city attorney's office) to ?ark any and all recreational equipment anywhere in their front yards and driveways so long as the equipment is behind the L-shaped extension adjacent to the street. This suggests that a resident with 16-foot L-extension can park a IS-foot speedboat and trailer in the driveway directly in front of his residence (an actuality prompting this letter)... or perhaps a row of personal jet ski craft across the entire front yard if all are less than 16 feet in length. Possible variations only make it worse: a four foot front porch and 31 feet of building frontage would allow a 3% by 30-foot canoe to be placed laterally across the entire front of the house and would, in the words of one zoning official, be "well within the limits." A 40-ft front L-extension would permit a 39- ft cabin cruiser in the front yard. Obtuse? Implausible? Yes, of course, but within the poorly worded letter of law... but also objectionable neighborhood eyesores all... and certainly not in keeping with the intent of the ordinance. Interestingly-and somewhat surprising--both the zoning officials and city attorney with whom this issue has been discussed noted all of the above are, in fact. permitted. This reflects a rather significant divergence of opinion -- if not rational application of regulations -- from that of the majority of Virginia Beach citizenry. When queried about the ordinance, most city officials are familiar with and quickly cite the "L- shaped house" incongruity, but obviously, no effort has been made on their part to revise the ordinance for the common good. (One official even admitted to being the owner of an L-shaped house and thought the ordinance-with its loophole-- was just fine. Rather a strange ifnot disparate comment, one would think, from a public servant who'also agrees with the "beautification" objective of the ordinance.) As the policy-making body for Virginia Beach, we recommend that the city council direct that this specific ordinance be rewritten relative to its intended purpose of prohibiting the parking and storage of recreational eauipment in front yards of residential property. (Failing that, the ordinance should perhaps be rescinded altogether such that all residents can keep boats and other recreational equipment out front... not just owners of L-shaped buildings. We hope it does not come to that.) A list of names and signatures of over fifty like-minded citizens is enclosed. City officials can undoubtedly come up succinct and comprehensive wording to clarify the regulation and close the existing loophole. As a starting draft, we suggest a simple, unambiguous statement to replace the offending sentence in Article 205 (note: the regulation must include houses situated on comer lots which face two streets). No such equipment shall be parked or stored in front or at the side of any portion of building facing a public street. If a "legalese" aspect is required, then perhaps something on the order of: "Such equipment on any lot must be within or behind the outer periphery of the building adjacent to a public street on whichever side it is parked or stored." This probably needs a "whereas" and "wherefore" or two before the attorneys will accept it, but whatever approach is taken, there should be no room for interpretation or manipulation of intent as there is now by citizens or city officials. S/in~y, .J .~ ~J~~./ .. / ~,'{.rt:'I. " u. ..t,t.Pt.- Paul C. Ne so ,.' \ ,. ,/ //jt~ J " .' '--'" .....: . /;;).,~/IJ!..v~ -,;' /., .I2...&~ Darlene 1. Nelson Enclosure Copy to (via email): The Honorable Meyera E. Obendorf Council Lady Rosemary Wilson Councilman James 1. Wood Charles W. Meyer, Chief Operating Officer, City of Virginia Beach Ken Jobe, President, Virginia Beach Council of Civic Organizations Anne Herrick, President, Virginia Beach Council of Garden Clubs Revision to the City Ordinance Concerning Parkin!! and Stora!!e of Recreational Eauipment on Residential Propertv We, the undersigned, support the proposed change to the city ordinance on parking and storage of major recreational equipment on residential property to state that no such . . . ~,..+t~ eawpment shall be parked or stored in front of or - 10 fhc cas~<<a comer lot -- at the side of any buildin!! facinl! a public street. ~ . Printed Name Street Addressesffelephone /it~tL"-' 4uL-1 IJ'=:<-s "....; / Z S7 NL~"-J (/lKc:7~1d ~/- J/t:fj (/) . ~ //11, /1 j:\ / " Ii.l I L- - .j . I.. 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'i &- Revision to the City Ordinance Concerning Parkin!! and Stora2e of Recreational EQuiDment on Residential ProDertv We, the undersigned, support the proposed change to the city ordinance on parking and storage of major recreational equipment on residential property to sta:te that no such equipment shall be parked or stored in front of or - in k case..~c~mer lot -- at the side of any buildine: {acine: a public street. I :J.l:1rre Printed Name Street Addressesffelephone ..4 ~ABW" ~I-O H- (l,fiMow 22.31 !,v.L/-"'J:;J"".Jl.G/ Rb n _ l~ 1) Cl)~t-f<fto'l (; " " . ~ll()vrJV{-~lD:J3($S€ 1-2D4-f3giUMc{ &: 48;1- 3'1"rJ- g~~~~ -' g~J i&(~ --c :;tk'4J 'tJ ~ w,po. . {tJ~}-Li - C-.- c..Q ~ RfrJJ,f)f} tJlfff,~jd ;}S~ <; L "0 C;(,E"~k J/p, ;)A. ~ IA. d3&/:)/ I ;;5 ~5 j.~ tIw-I d-( ,!~. C"~ / II a <i @~UUAJ t~ b'a:., 11?~ , '\j A. ~ j ~ ey- 4yj...j.f./;.( /,.,J ;1It~.:. t!. 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':.' ,:}0~ ,~...'- .::..':....-:,;.{.~./- "'-./;,.' .f..-;:._...-- I Revision to the City Ordinance Concerning Parkin!! and Stora!!e of Recreational EauiDment on Residential ProDertv We, the undersigned, support the proposed change to the city ordinance on parking and storage of major recreational equipment on residential property to state that no such eQuipment shall be parked or stored in front of or - in the cases such as a comer lot -- at the side of any buildinS! facinS! a public street. Signature Printed Name -Yl~~~ ~ncD:t("\aJ cO ~\). '" ~(Xbrc0J) n QH~t-l' (~( 1~.J j)fftJ,J/~ JJ :) fJ(' tJ-fj; I / ! '" /1 X _ ,'1.,,) c- --7'4 tU-( ~ .,,..,J.<i-r--Vt vI..-' S;:}-tJ D leI( _._/1'" /3e:. TrY iC~:. '\ .-1.\ ", ~ '_/ ;17f./, f--<,;,'b\L\t 8 AR..N tT r </Vb~) . v / ; iat.-t-L 1-( I' . ,i . t i"" ~,J V71 J ,'. ..,..,. ,1/ 1\11 .,. 1'1 . . Il ;~j J...1-.fA..//'l .,' /;'1 "t../I-!./.?-'<..~ J i UV'17 It) tJ; --e.. /. 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"j .",:?: i... / .,) Revision to the City Ordinance Concerning Parkin!! and Stora!!e of Recreational Equipment on Residential Propertv We, the undersigned, support the proposed change to the city ordinance on parking and storage of major recreational equipment on residential property to state that no such eouipment shall be parked or stored in front of or - in the cases such as a comer lot -- at the side of anv buildine: facine: a public street. ~~ Street AddressesIT elephone ~l~~~~ 0~a.re: ~U>\\- \J iXf'. (;~~~\.V\. ~ ..~~ c..o.. \::1-t-<"b ~~ '-\ \.)...- \..\ ~ ~ S )51> -') &o.c.k- Aac.& ed. 3c..t 0 - '-~~ Signature Printed Name ~ eat~ -:xc ^.\~ E.ne.. ~~ .,J . ..... i . I'. I f_'..;,..- /../",.. .... .'r<<"__ '<" v' r M. APPOINTMENTS RESORT ADVISORY COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: November 6, 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! BRIEFINGS: A FLOW CONTROL Charles Meyer, Chief Operating Officer B VRS INVESTMENT OF GASB-45 FUNDS Patricia Phillips - Director, Finance II/III! IV I VI VI! E CERTIFICATION OF CLOSED CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y SESSION F MINUTES. October 23, 2007 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y B S T A I N E D G AGENDA FOR FORMAL SESSION ADD ON ORDINANCES: I $526,100 APPROPRIATION of State ADDED Il-O Y Y Y Y Y Y Y Y Y Y Y reimbursement to Clerk of Circuit Court re technology/general fund 2 Proceeds of dog/cat License Fees ADDED Il-O Y Y Y Y Y Y Y Y Y Y Y 3 ADD to Legislative Package option re VRS ADDED Il-O Y Y Y Y Y Y Y Y Y Y Y serving as TRUST for GASB-45 H-I MAYOR'S PRESENTATION ASPECT FOUNDATION International Students Community Service 2 CLEAN COMMUNITY COMMISSION Annual Awards I-I PUBLIC HEARINGS LEASE OF CITY OWNED PROPERTY - No speakers Parking at Beach Ouarters Inn 2 RESOLUTION OF ENDORSEMENT - No speakers. Feny Plantation House Restoration Council Lady Henley recognized volunteer management! ooeration CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: November 6, 2007 M B L D C E L E D H C R A W PAGE: 2 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 J/K-I Resolution to ENDORSE the ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commonwealth Transportation Board's CONSENT restoration (Phase II) of Ferry Plantation House re transoortation enhancement 2 Ordinance to AMEND Chapter 5 of City ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Code/ ADD ~ 5-47.1 re dog/cat license taxi imooundment fees 3 Ordinance to AUTHORIZE Lease with ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Beach Quarters Inn, LC. re parking CONSENT rel!istered l!uests 4 Ordinance to AUTHORIZE Cost ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Participation Agreement with CONSENT Lakeside/Swinson Note, LLC re Princess Anne Road Phase VII/Red Mill Walk 5 Ordinance to AUTHORIZE City Treasurer ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to retain a collection agent re delinquent CONSENT personal property taxes owed by taxpayers no lonl!er residents of Va Beach 6 Ordinance to ACCEPT/APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $17,479 from DEQ to ParkslRecreation re CONSENT enhancing environmental programs ADDED $526,100 APPROPRIATION of State ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y reimbursement to Clerk of Circuit Court re CONSENT technology/general fund ADDED Proceeds of dog/cat License Fees ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT ADDED ADD to Legislative Package option re VRS ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y serving as TRUST for GASB-45 CONSENT L APPOINTMENTS OPEN SPACE ADVISORY COMMITTEE Unexpired term 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Paul Hamaker through 05/31/2010 RESORT ADVISORY COMMISSION Unexpired term Appointed: Craig Roback through 12/31/2007 plus a 3 year term beginning 01101/2008 and ending 12/31/2010 MINtO ADJOURNMENT 6:39 PM PUBLIC COMMENTS - Non Agenda 8 Speakers Items 6:40 - 7:20 PM