MAY 13, 2008 AGENDA
II I
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. DlEZEL, 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 DiS/rict6
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 23456-8005 .
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 MAY 2008
I.
CITY COUNCIL COMMENTS
- Conference Room -
3:30 PM
II. REVIEW OF AGENDA
III. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend William A. Dyson, Sr.
Pastor, Emanuel African Methodist Episcopal 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
May 6, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. FY 2008-2009 BIENNIAL RESOURCE MANAGEMENT PLAN
Operating Budget and Capital Improvement Program (CIP)
2. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed)
3. LEASE OF CITY-OWNED PROPERTY - Dolphin Run
3rd Street and Atlantic Avenue
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. OrdinanceslResolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN:
a. FY 2008-09 Operating Budget:
1. APPROPRIATE for the fiscal year, beginning July 1,2008 and ending June
30,2009, the sum of $1,762,234,983 for Operations and $630,837,030 in
Interfund Transfers regulating the payment of money out of the City
Treasury, as amended
2. ESTABLISH the tax levy on real estate for FY 2009 at eighty-nine cents
($.89) per $100 assessed value
3. ESTABLISH the tax levy on personal property and machinery and tools
for the calendar year 2009
4. AUTHORIZE the City Manager to submit an Annual Funding Plan to the
U. S. Department of Housing and Urban Development (HUD) re renewal of
funding the Plan
Ii I I
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il
5.
AMEND SS35-64 and 35-67 of the City Code re the exemption or deferral of
real estate taxes for elderly or disabled persons by increasing income and
net worth limits
6. DECLARE $9,000,000 within the Sandbridge Tax Increment Financing
District (TIF) as Surplus in the FY 2007-08 Operating Budget
7. AMEND ~35-159 of the City Code re the Lodging Tax by extending its
sunset provisions to maintain the tax at its current amount
8. AMEND ~35-207 of the City Code by increasing the amount ofthe
Cigarette Tax
9. AMEND S32.5-2 ofthe City Code re the Equivalent Residential Unit (ERU)
Fee by increasing the rate
10. AMEND S27-5 of the City Code re false burglar alarms for commercial
and residential properties by increasing the penalty
11. AMEND S 12-49.1 of the City Code re permits and inspection fees
12. AMEND SSI6-35, 23-46, 23-48, 23-50 and 23-50.1 ofthe City Code re the
increase in administrative fees for regulation of unsafe structures and
abatement of various nuisances
13. AMEND S31-35 of the City Code re yard waste containers by establishing
a forty-dollar ($40) usage fee Monday through Thursday and a seventy-five
dollar ($75) weekend usage fee
14. AMEND SI6-12.7 of the City Code re rental dwelling units by establishing
inspection fees
15. AMEND S 16-40 of the City Code re the abatement of inoperable vehicles
on residential, commercial or agricultural property by establishing an
administrative fee
16. AMEND ~28-4, 37-7.1 and Appendix B, Section 5.9 ofthe City Code re
various water and sewer fees
17. AMEND ~37-54 of the City Code re the payment of water bills by
establishing a late fee
18. AMEND S 33-71 of the City Code re various planning fees
19. AMEND S 35-80.1 of the City Code re real estate tax exemptions and credits
for the rehabilitation of historically significant structures
(requested by Council Lady Henley)
20. AUTHORIZE the City Manager to utilize $1,000,000 from the Health
Insurance Internal Service Fund and $4,000,000 from the General Fund to
make the City's actuarial payment in accordance with GASB45 guidelines;
and, DIRECT the City Manager to maintain a balance in the Health
Insurance Internal Service Fund equal to one (1) month's health care expense
21. AUTHORIZE the City Manager to change the health care coverage
available to active and retired employees for plan year 2009
b. FY 2008-2009 Biennial Capital Budget:
1. FY-2009/FY-2014 Capital Improvement Program (CIP); and,
APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to
funds being provided from various sources set forth therein
2. AUTHORIZE the issuance of General Obligation Public Improvement
Bonds in the maximum amount of $68,700,000 for various public facilities
and general improvements
3. AUTHORIZE the issuance of Storm Water Utility System Revenue
Bonds in the maximum amount of $6,000,000
4. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of $13,000,000
2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic
Avenue re area for overflow parking
DISTRICT 6 - BEACH
K. PLANNING
1. Application of CONNIE ONE, L.L.C., for an extension of time to August 21,2008, to
satisfy conditions re the discontinuance. abandonment and closure of a portion of Connie
Lane (approved by City Council on May 22,2007).
DISTRICT 4 - BA YSIDE and DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
I I I
2. Application of ALCAR, L.L.C., re 132 single-family dwellings at Nimmo Parkway and
Rockingchair Lane:
DISTRICT 7 - PRINCESS ANNE
a. Variance to g4.4(b) ofthe Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO)
b. Chanfle ofZoninf! District Classification from AG-l and AG-2 Agricultural Districts
to Conditional R - 7.5 Residential District
This Application (with a different site plan) was previously denied by
City Council on June 13, 2006
RECOMMENDA nON
APPROVAL
3. Applications for Conditional Use Permits re Wildlife Rehabilitation:
a. JILL C. HARRIS at 1115 Little Neck Road
DISTRICT 5 - L YNNHA VEN
b. ELYSE HERRON at 2255 Wake Forest Street
DISTRICT 5 - L YNNHA VEN
c. DEBORAH C. HOOVER-POWERS at 3829 Amberley Forest Place
DISTRICT 3 - ROSE HALL
d. SUZANNE MCBRIDE at 5252 Pleasant Hall Court
DISTRICT 2 - KEMPSVILLE
e. DENISE N. THOMPSON at 1617 Jack Frost Road
DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROVAL - ALL
i:i
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I
4.
Application of RICK IRVING for a Conditional Use Permit re a residential kennel at
1908 North Muddy Creek Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
5. Application of LUXE SALON, L.L.C., for a Conditional Use Permit re a hair care center
(hair, skin and nails) at 2105 McComas Way.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of TODA Y'S HOMES, INC., for an Amendment of a P D-H Plan re the
Villages at West Neck (PD-H Plan approved by City Council on May 11, 1999; and,
Modifications approved by City Council on June 26, 2001 and November 23, 2004-
Baymark Construction Corporation and Baymark Golf, L.L.C.).
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
7. Application of WELDEN FIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1
Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69)
single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake
Sears Road.
DISTRICT l-CENTERVILLE
DEFERRED
RECOMMENDATION
APRIL 22, 2008
INDEFINITE DEFERRAL
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
1'''
*********
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 05/07/08 mb
www.vbgov.com
I I I
L
CITY COUNCIL COMMENTS
- Conference Room -
3:30 PM
,r:I. REVIEW OF AGENDA
I I
III. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend William A. Dyson, Sr.
Pastor, Emanuel African Methodist Episcopal 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
May 6, 2008
G. AGENDA FOR FORMAL SESSION
.tBnluttnu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARINGS
1. FY 2008-2009 BIENNIAL RESOURCE MANAGEMENT PLAN
Operating Budget and Capital Improvement Program (CIP)
2. TAX RATE ON REAL PROPERTY FOR FY 2008-2009 (proposed)
3. LEASE OF CITY-OWNED PROPERTY - Dolphin Run
3rd Street and Atlantic Avenue
,
""
NOTICE OF PROPOSED
REAL PROPERTY TAX INCREASE AND PUBLIC HEARING
Tax Increase Caused by Increase in Annual Assessment
The City of Virginia Beach proposes to increase property tax levies.
1. Assessment Increase: Total assessed value of real property (including public service propertiesl, excluding
additional assessments due to new construction or improvements to property, exceeds last year's total assessed
value of real property by 2.70 percent
2. Lowered Rate Necessary to Offset Increased Assessment The tax rate which would levy the same amount of real
estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned
above, would be $0.8666 per $100 of a~sessed value. This rate will be known as the "lowered tax rate."
3. Effective Rate Increase: The City of Virginia Beach proposes to adopt a tax rate of $0.89 per $100 of assessed value.
The difference between the lowered tax rate and the proposed rate would be $0.0234 per $100, or 2.70 percent This
difference will be known as the "effective tax rate'inMease."
Individual property taxes may, however, increase at a percentage greater than or less than the above percentage.
4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the
total budget of the City of Virginia Beach will exceed last year's by 2.1 percent
NOTE: The FY 2008-09 Operating Budget as submitted to the City Council proposes maintaining the current real estate tax rate to
$0.89 on each $100 of assessed valuation, the assessment for individual properties, including public service property, increased
by an average of 2.70%. Since the increase in assessments is over 1.00%, the preceding information was provided pursuant to
Code of Virginia ~ 58.1-3321.
Public Hearing
Public Hearings on the increase will be held on Tuesday, April 22, 2008 and Tuesday, May 13, 20OS. Both public hearings will
begin at 6:00 P.M. in the City Council Chamber on the second floor of the City Hall Building (Building #11, 2401 Courthouse Drive.
Virginia Beach, Virginia. These hearings are open to the public, and all interested citizens will nave an opportunity to be heard.
Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically
disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired; call Virginia Relay at
J -800-828-1120.
\.
Ruth Hodges Fraser, MMC
City Clerk
~
PUBLIC HEARING
lEASE OF CITY PROPERTY
11li vlrglnta Be&:h city caJndf ~MtI hot! a PUBlIC HE',RING
00 the I=fC9C15ii3d leasing d C~ed P"tpecty m
Tutsdav May 13, 2008 at 6:00p.m. In the
cWnClrafanber'tf tile Oty Half BUlkilrq (e4Jlldrtg #1) at tilt
Ytgt1ta Beam MrnlclPal Oenter:. ''itgfnla Beach, Vlrglnla. Th9
\Xllpose a this Hearing 'WIll b. to ottaln p..IbllC ccmmeot en
the Clty'os rstPosaI to ease thetolk1Mlng perce:
,6,pJ:roffmctetr 0.09 ~ ct Imd Iocaed at Jl'CI Street
dll1 .AtlmtlC ".,;!f1J@,
" )OU art physically disabtecl or visualy impairecl and
reed asststance at this meet..... Jflea5e. call tilt CITY
ClERK'S OmCE at 38U303; ~arin9 i....ed. C.li
roo 711.;TOO T~~ 0e'titCe J'Cf the DeaJ:l.
,Any q!lestkm ccmemhQ this mat.. shctllCf !lit dIrECted to
the Depar1ment of M'cn~Ent 'Ser4tK . faclllles
Mana~ment enloe, Rocm 2Z8, Bultllna 18.. at the '\ll'9'n1a
Beadi MlIl/Clpal ~rt&r at (151) 385 S2!.4.
P.t.th ti..~es FrcrM. t~,...t:
city CIefk
\>p 'ota} 4, .2008
18102032
A. CONSENT AGENDA
B. ORDINANCES/RESOLUTIONS
1. OrdinancesIResolutions re FY 2008-09 BIENNIAL RESOURCE MANAGEMENT PLAN:
a. FY 2008-09 Operating Budget:
1. APPROPRIATE for the fiscal year, beginning July 1, 2008 and ending June
30,2009, the sum of $1,762,234,983 for Operations and $630,837,030 in
Interfund Transfers regulating the payment of money out of the City
Treasury, as amended
2. ESTABLISH the tax levy on real estate for FY 2009 at eighty-nine cents
($.89) per $100 assessed value
3. EST ABLISH the tax levy on personal property and machinery and tools
for the calendar year 2009
4. AUTHORIZE the City Manager to submit an Annual Funding Plan to the
U. S. Department of Housing and Urban Development (HUD) re renewal of
funding the Plan
5. AMEND gg35-64 and 35-67 of the City Code re the exemption or deferral of
real estate taxes for elderly or disabled persons by increasing income and
net worth limits
6. DECLARE $9,000,000 within the Sandbridge Tax Increment Financing
District (TIF) as Surplus in the FY 2007-08 Operating Budget
7. AMEND S35-159 of the City Code re the Lodging Tax by extending its
sunset provisions to maintain the tax at its current amount
8. AMEND S35-207 of the City Code by increasing the amount of the
Cigarette Tax
9. AMEND g32.5-2 of the City Code re the Equivalent Residential Unit (ERU)
Fee by increasing the rate
10. AMEND g27-5 of the City Code re false burglar alarms for commercial
and residential properties by increasing the penalty
11. AMEND 9 12-49.1 of the City Code re permits and inspection fees
12. AMEND ggI6-35, 23-46, 23-48, 23-50 and 23-50.1 of the City Code re the
increase in administrative fees for regulation of unsafe structures and
abatement of various nuisances
13. AMEND S31-35 of the City Code re yard waste containers by establishing
a forty-dollar ($40) usage fee Monday through Thursday and a seventy-five
dollar ($75) weekend usage fee
14. AMEND SI6-12.7 of the City Code re rental dwelling units by establishing
inspection fees
15. AMEND S 16-40 of the City Code re the abatement of inoperable vehicles
on residential, commercial or agricultural property by establishing an
administrative fee
16. AMEND S28-4, 37-7.1 and Appendix B, Section 5.9 of the City Code re
various water and sewer fees
17. AMEND S37-54 of the City Code re the payment of water bills by
establishing a late fee
18. AMEND S 33-71 of the City Code re various planning fees
19. AMEND S 35-80.1 of the City Code re real estate tax exemptions and credits
for the rehabilitation of historically significant structures
(requested by Council Lady Henley)
20. AUTHORIZE the City Manager to utilize $1,000,000 from the Health
Insurance Internal Service Fund and $4,000,000 from the General Fund to
make the City's actuarial payment in accordance with GASB45 guidelines;
and, DIRECT the City Manager to maintain a balance in the Health
Insurance Internal Service Fund equal to one (1) month's health care expense
21. AUTHORIZE the City Manager to change the health care coverage
available to active and retired employees for plan year 2009
b. FY 2008-2009 Biennial Capital Budget:
1. FY-2009/FY-2014 Capital Improvement Program (CIP); and,
APPROPRIATE $221,504,384 for the FY 2009 Capital Budget, subject to
funds being provided from various sources set forth therein
2. AUTHORIZE the issuance of General Obligation Public Improvement
Bonds in the maximum amount of $68,700,000 for various public facilities
and general improvements
3. AUTHORIZE the issuance of Storm Water Utility System Revenue
Bonds in the maximum amount of $6,000,000
4. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the
maximum amount of $13,000,000
2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic
A venue re area for overflow parking
DISTRICT 6 - BEACH
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2008-09 Operating Budget and Related Ordinances
MEETING DATE: May 13, 2008
. Background: On March 25, 2008, the City of Virginia Beach FY 2008-09
Proposed Biennial Resource Management Plan, which includes the Operating Budget
and Capital Improvement Program, was presented to City Council. City Council held
workshops on April 8th, 15th, 22nd, 29th, and May 6th to discuss the budget. City Council
held public hearings on April 1th, 22nd, and May 13th to provide the public the
opportunity to comment on the proposed Resource Management Plan.
Considerations: The proposed ordinances were updated to reflect Council's direction
at the May 6, 2008 Council Reconciliation Workshop. These changes are noted in the
following table:
Consumer Affairs
Fire Safety Educators
Part-Time Fire Inspectors
Patriotic Festival
Lifeguard Contract
Increase compensation by 1 % -brings it up to 2.5% for non-
public safety employees and 1% for public safety (net
amount shown $7.5 million less funding already in budget)
Boys Baseball
Atlantic Wildfowl Museum
Ferry Farm House (one time funding to replace grant match)
Streetlights
Human Services Day Care Program
Sandler Center Additional Performances (50/50 match with
Foundation)
Subtotal:
Eliminate:
Personal Property Tax on Pleasure Boats
Lower transfer of VDOT maintenance funds to Storm Water
$ 339,142
$ 301,159
$ 78,507
$ 100,000
$ 178,336
$1,700,000
$ 29,540
$ 24,000
$ 30,000
$ 60,000
$ 535,696
$ 200,000
$ 3,476,380 $ 100,000
$ 1,172,829
Changes Required to Balance:
Reduce Reserve in TGIF $ 100,000
Increase VDOT maintenance funds $ 678,000
Reduce transfer to Storm Water CIP (reduction to Lake $678,000
Management & Infrastructure Rehabilitation)
Reduce transfer to Coastal CIP (reduction to W. Branch $ 299,000
Dredging)
Reduce State revenue reduction $ 366,470
Lower VRS Life Insurance (slightly lower rate) $ 150,000
Lower HRT Payment $ 207,997
Lower debt service (refinancing resulted in a savings of $ 294,150
$550,980 - savings on school debt is .the difference)
Reduce GASB 45 Payment (charge $1 million to Health Fund) $ 1,000,000
Reduce Regular Reserve for Contingency $ 596,574
Estimate additional revenue (McDonalds' rent, etc.) $ 300,000
Human Services Day Care Revenues (Medicaid) $ 467,250
Sandler Center Foundation Match $ 100,000
Retain Commercial Boats and RV at $1.50 er $100 of value $ 189768
As a result of these actions, the following ordinances are provided for the Council's
consideration and approval to implement the FY 2007-08 Operating Budget. Unless
otherwise noted, approval requires an affirmative vote by a majority of the members of
City Council.
1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1,
2008 and Ending June 30, 2009 in the Sum of $1,762,234,983 for Operations
and $630,837,030 in Inter-fund Transfers and Regulating the Payment of
Money Out of the City Treasury, as Amended
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2009
3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery
and Tools for the Calendar Year 2009
4. An Ordinance to Authorize the City Manager to Submit an Annual Funding
Plan to the U.S. Department of Housing and Urban Development
5. An Ordinance to Amend the City Code Pertaining to the Exemption or
Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing
Income and Net Worth Limits
6. An Ordinance to Declare $9,000,000 of Funding Within the Sandbridge Tax
Increment Financing District as Surplus Funds in the FY 2007-08 Operating
Budget
7. An Ordinance to Amend the City Code Pertaining to the Lodging Tax by
Extending its Sunset Provisions to Maintain the Tax at its Current Amount
8. An Ordinance to Amend the City Code Pertaining to Cigarette Tax by
Increasing the Amount of the Tax
9. An Ordinance to Amend the City Code Pertaining to the Equivalent
Residential Unit (ERU) Fee
10. An Ordinance to Amend City Code Section 27-5 to Increase the Penalty for
False Alarm Burglar Alarms for Commercial and Residential Properties
11. An Ordinance to Amend Section 12-49.1 of the City Code Regarding Permits
and Inspection Fees
12. An Ordinance to Amend the City Code Pertaining to the Increase in
Administrative Fees for Regulation of Unsafe Structures and Abatement of
Various Nuisances
13. An Ordinance to Amend the City Code Pertaining to Yard Waste Containers
by Estimating a Forty Dollar Fee for 24-Hour Use Monday through Thursday
and Seventy Five Dollars for Weekend Use
14. An Ordinance to Amend the City Code Pertaining to the Establishment of
Inspection Fees for Rental Dwelling Units
15. An Ordinance to Amend City Code Pertaining to the Establishment of an
Administrative Fee Related to the Abatement of Inoperable Vehicles on
Residential, Commercial or Agricultural Property
16. An Ordinance to Amend the City Code Pertaining to Various Water and
Sewer Fees
17. An Ordinance to Amend the City Code Pertaining to the Establishment of a
Late Fee Related to the Payment of Water Bills
18. An Ordinance to Amend Section 33-71 of the City Code for Various Planning
Fees
19. An Ordinance to Amend City Code Section 35-80.1 Pertaining to Real Estate
Tax Exemptions and Tax Credits for Rehabilitation of Historically Significant
Structures
20. A Resolution Concerning the City's FY 2008-09 Actuarial Payment in
Accordance with GASB45 Guidelines and the Fund Balance of the City and
School Health Insurance Internal Service Fund.
21. A Resolution Authorizing Changes to the Health Care Coverage Available to
Active and Retired Employees for Plan Year 2009.
. Public Information: Three public hearings have been held concerning the
Operating BudgetlCIP and the Proposed Real Estate Tax Rate. Information on these
ordinances was disseminated to the public through the normal Council agenda process,
including the advertisement of the City Council agenda, pursuant to local and State
code requirements.
. Recommendations: It is recommended that the attached ordinances
implementing the FY 2008-09 Operating Budget be approved.
. Attachments: FY 2008-09 Operating Budget ordinances
Recommended Action: Approval of Ordinances b'
;(fIV
Submitting Department/Agency: Department of Management Servic t,i
City Manager: ~ ' ~
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 2008 AND ENDING JUNE
3 30,2009 IN THE SUM OF $1,762,234,983 FOR OPERATIONS
4 AND $630,837,030 IN INTERFUND TRANSFERS AND
5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
6 TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8 beginning July 1, 2008, and ending June 30, 2009, and it is necessary to appropriate sufficient funds to cover
9 said budget;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 VIRGINIA:
13
14 Sec. 1. That the amounts named aggregating $2,393,072,013 consisting of $630,837,030 in interfund
15 transfers and $1,762,234,983 for operations, are hereby appropriated subject to the conditions hereinafter set
16 forth for the use of departments, and designated funds of the City government, and for the purposes hereinafter
17 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
18 year beginning July 1, 2008, and ending June 30, 2009, a summary of which is attached to this ordinance as
19 "Attachment A - Appropriations."
20
21 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of
22 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of
23 Appropriations attached to this ordinance as "Attachment B - Revenues."
24
25 Sec. 3. With the exception of the School Operating Fund, the total number of full-time permanent
26 positions shall be the maximum number of positions authorized for the various departments of the City during the
27 fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City
28 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
29 aggregate amount expended for such services shall not exceed the respective appropriations made therefore.
30 The City Manager is further authorized to make such rearrangements of positions within and between the
31 departments as may best meet the needs and interests of the City.
32
33 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City
34 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions
35 throughout the fiscal year as may be necessary to implement organizational adjustments that have been
36 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
37 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
38 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
39 report each year to the City Council identifying the status and progress of any such organizational adjustments.
40
41 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund and,
42 where appropriate, to any special service district special revenue fund or any tax increment financing funds
43 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
44 which a special levy is made in the amount of collection for each specially designated fund.
45
46 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close
47 of business for the fiscal year ending on June 30, 2009, unless otherwise provided for, are hereby declared to be
48 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
49 General Fund Balance, and may be used for the payment of the appropriations that may be made in the
50 appropriation ordinance for the fiscal year beginning July 1, 2009. However, there shall be retained in the
51. General Fund an undesignated fund balance of 8% to 12% of the fOllowing year's budgeted revenues, for
52 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for
53 the fiscal year beginning July 1, 2008, except upon subsequent authorization by City Council.
54
55 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall
56 serve as a basis for developing financial strategies for the water and sanitary sewer system based on the
57 following guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to
58 100% of one year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for
59 debt service coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined
60 basis, including water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and
61 Sewer Fund, contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for
62 approximately 25% of the annual capital program for the water and sewer system.
63
64 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are
65 encumbered at the close of the business for the fiscal year ending on June 30, 2009, are hereby declared to be
66 reappropriated into the fiscal year beginning July 1, 2009, and estimated revenues adjusted accordingly.
67
68 Sec. 9. No department or agency for which appropriations are made under the provisions of this
69 ordinance shall exceed the amount of such appropriations except with the consent and approval of the City
70 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the
71 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does
72 not apply to Interfund Transfers.
73
74 Sec. 10. The City Manager or the Director of Management Services is hereby authorized to approve
75 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
76 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000
77 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all
78 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as
79 approved by City Council.
80
81 Sec. 11. The City Manager or the Director of Management Services is hereby authorized to establish
82 and administer budgeting within Appropriation Units consistent with best management practices, reporting
83 requirements, and the programs and services adopted by the City Council.
84
85 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to change
86 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in
87 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
88 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
89 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total
90 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
91 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be
92 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
93 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to
94 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
95 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
96 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
97 bonded debt of the City Government.
98
99 Sec. 13. Allowances made from the appropriations made in this ordinance by any or all of the City
100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
102 forty two cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for
103 additional miles of such use within the fiscal year.
104
105 Sec. 14. In the event of an emergency and under emergency circumstances wherein the City Council
106. cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums
107 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible.
108 Immediately following the expenditure of funds under this provision, and as soon as the City Council can
109 reasonably meet under the existing circumstances, the City Manager shall notify the City Council of the reason
110 for such action, how funds were expended, and present to the City Council for adoption an emergency
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appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to
the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency
expenditures occurred.
An emergency is defined for the purposes of this provision as an event that could not have been
reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public
health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to
protect or preserve public properties.
Sec. 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance
and according to regulations approved by the City Council. Each account shall show the dates expenses were
incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.
The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
are submitted for "lump-sum" amounts.
Sec. 16. That projections have been prepared and considered for fiscal year 2009-10, the second year
of the biennial budget, and such projections shall form the basis for the fiscal year 2009-10 operating budget.
The City Manager will modify these as appropriate and will present a proposed fiscal year 2009-10 budget to City
Council for review and subsequent adoption.
Sec. 17. Funds in the amount of $2,200.000 are hereby appropriated from the General Fund Balance
to the Risk ManaQement Internal Service Fund Balance. The City ManaQer is hereby authorized to transfer these
funds to the Risk Manaqement Internal Service Fund. to ensure that the Risk ManaQement Internal Service Fund
has sufficient resources to meet anticipated claims. provided that such transfers do not conflict with the
provisions of Section 6 of this ordinance.
Sec. 18. Violation of this ordinance may result in disciplinary action by the City Manager against the
person or persons responsible for the management of the Appropriation Unit in which the violation occurred.
Sec. 19.
This ordinance shall be effective on July 1, 2008.
Sec. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining parts of this ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008.
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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nt Services
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City Attorney's Office
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
FY 2008-09
Proposed
002 General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Infonnation Technology
Community Organization Grants
Convention and Visitor Bureau
Cultural Affairs
Director of Finance
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Transfer to Other Funds
Vehicle Replacements
831,185
532,949
814,890
18,914
996,122
3,894,926
624,982
3,619,081
3,123,418
5,146,689
2,818,599
3,929,241
7,460,151
31,135,402
695,334
10,370,130
2,448,538
4,420,631
2,657,158
6,943,242
4,943,054
42,708,729
315,772
1,379,042
3,399,228
1,746,341
4,636,972
108,741,663
150,861
2,308,185
166,299
16,646,388
128,343
4,011,285
2,879,034
584,244
9,142,990
13,665,384
10,387,610
87,464,549
82,934,701
2,030,954
6,011,336
15,231,546
552,761,646
3,019,524
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
Wetlands Board of Virginia Beach
Zoning Board of Appeals
FY 2008-09
Proposed
14,100
46,866
Fund 002 Appropriation Totals 1,069,938,228
107 School EQuipment Replacement Special Revenue Fund
Reserve for Contingencies
Fund 107 Appropriation Totals
1,312,129
1,312,129
108 School Instructional Technoloay Fund
Instructional Technology
2,915,945
Fund 108 Appropriation Totals 2,915,945
109 School Vending Operations Fund
Education - Athletic
609,815
Fund 109 Appropriation Totals 609,815
112 School Communication Tower Technology Fund
Instructional Technology
560,000
Fund 112 Appropriation Totals 560,000
114 School Cafeteria Fund
Education - Cafeteria
26,794,640
Fund 114 Appropriation Totals 26,794,640
115 School Operating Fund
Administration, Attendance, and Health
Instruction
Operations and Maintenance
Pupil Transportation
24,213,109
565,720,682
102,170,406
31,820,893
Fund 115 Appropriation Totals 723,925,090
116 School Grants Fund
Education - Grants
54,872,411
Fund 116 Appropriation Totals 54,872,411
117 School Textbook Fund
Education - Textbook
Fund 117 Appropriation Totals
7,880,290
7,880,290
119 School Athletic Special Revenue Fund
Education - Athletic
Fund 119 Appropriation Totals
4,742,963
4,742,963
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfer to Other Funds
Fund 130 Appropriation Totals
221,631
1,317
60,000
282,948
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
Fund 142 Appropriation Totals
160,000
160,000
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
147 Federal Section 8 Proaram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Fund 147 Appropriation Totals
149 Sheriff's Department Special Revenue Fund
Sheriff and Corrections
Fund 149 Appropriation Totals
150 Inmate Services Special Revenue Fund
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
Fund 150 Appropriation Totals
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Fund 151 Appropriation Totals
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Cultural Affairs
Parks and Recreation (TGIF)
Planning and Community Development (TGIF)
Public Works (TGIF)
Reserve for Contingencies
Transfer to Other Funds
Fund 152 Appropriation Totals
157 Sandbridae Special Service District Special Revenue Fund
Transfer to Other Funds
Fund 157 Appropriation Totals
161 Aariculture Reserve Proaram Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Future C.I.P. Commitments
Transfer to Other Funds
Fund 161 Appropriation Totals
163 Tourism Advertisina Proaram Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
Transfer to Other Funds
Fund 163 Appropriation Totals
165 Lvnnhaven Mall Tax Increment Financina Fund
Reserve for Contingencies
Tax Increment Financing
Fund 165 Appropriation Totals
FY 2008-09
Proposed
183,494
14,410,573
14,594,067
36,099,537
36,099,537
669,912
274,551
944,463
26,192,707
2,651,536
28,844,243
3,163,119
50,500
33,213
427,721
762,980
668,376
13,750,077
18,855,986
3,460,626
3,460,626
210,829
1,152,685
3,528,635
4,892,149
9,656,920
28,071
55,724
9,740,715
73,649
2,050,000
2,123,649
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
166 Sandbridae Tax Increment Financina Fund
Future C.I.P. Commitments
Transfer to Other Funds
Fund 166 Appropriation Totals
169 Central Business District. South TIF (Town Center) Fund
Transfer to Other Funds
172 Open Space Special Revenue Fund
Parks and Recreation (Open Space)
Public Works (Open Space)
Transfer to Other Funds
173 Maior Proiects Special Revenue Fund
Transfer to Other Funds
174 Town Center Special Service District
Reserve for Contingencies
Town Center Special Tax District
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
176 Transition Area Special Revenue Fund
Future C.I.P. Commitments
180 Community Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Transfer to Other Funds
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
182 Federal Housina Assistance Grant Fund
Federal HOME Grants
183 Grants Consolidated Fund
Commonwealth's Attorney - Grants
Emergency Medical Services (Grants)
Fire (Fire Programs)
Housing and Neighborhood Grants
Human Services
Fund 169 Appropriation Totals
Fund 172 Appropriation Totals
Fund 173 Appropriation Totals
Fund 174 Appropriation Totals
Fund 175 Appropriation Totals
Fund 176 Appropriation Totals
Fund 180 Appropriation Totals
Fund 181 Appropriation Totals
Fund 182 Appropriation Totals
FY 2008-09
Proposed
9,909,296
744,374
10,653,670
5,296,567
5,296,567
404,250
15,000
4,918,029
5,337,279
20,763,789
20,763,789
133,564
1,539,577
1,673,141
2,479,605
25,000
289,550
2,794,155
467,391
467,391
1,498,504
1,313,387
125,592
2,937,483
782,586
782,586
1,478,449
1,478,449
302,781
311,100
600,000
1,113,869
1,315,612
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
Police (Uniform Patrol Grant)
Public Works Grants
Reserve for Contingencies
Social Services Grants
Transfer to Other Funds
187 Marine Science Museum Grants Fund
Museum Grants
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
253 Parkina Enterprise Fund
Convention and Visitor Bureau (Parking)
Transfer to Other Funds
255 Storm Water Utility Enterprise Fund
Debt Service
Public Works (Storm Water Operations)
Transfer to Other Funds
302 General Debt Fund
Debt Service
460 School General Revenue Capital Proiects Fund
School Capital Projects
540 General Government Capital Proiects Fund
Building Capital Projects
Coastal Capital Projects
Communications and Information Technology Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
541 Water and Sewer Capital Proiects Fund
Water and Sewer Capital Projects
FY 2008-09
Proposed
71,271
15,000
102,221
824,063
400,000
Fund 183 Appropriation Totals 5,055,917
31,000
Fund 187 Appropriation Totals 31,000
15,461,289
68,464,336
4,215,966
13,331,732
Fund 241 Appropriation Totals 101,473,323
1,696,889
849,425
Fund 253 Appropriation Totals 2,546,314
2,011,810
10,615,443
10,226,713
Fund 255 Appropriation Totals 22,853,966
123,965,442
Fund 302 Appropriation Totals 123,965,442
13,936,308
Fund 460 Appropriation Totals 13,936,308
4,001,518
7,063,402
389,493
12,663,855
10,383,990
7,657,249
Fund 540 Appropriation Totals 42,159,507
7,000,000
Fund 541 Appropriation Totals 7,000,000
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment A - Appropriations
FY 2008-09
Proposed
555 Storm Water Capital Proiects Fund
Storm Water Capital Projects
8,200,232
Fund 555 Appropriation Totals 8,200,232
908 City Beautification Fund
Parks and Recreation
20,000
Fund 908 Appropriation Totals 20,000
909 Library Gift Fund
Library Gift
5,600
Fund 909 Appropriation Totals 5,600
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
90,000
Fund 911 Appropriation Totals 90,000
2,393,072,013
630,837,030
1,762,234,983
Total Budget Appropriations
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B - Revenues
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
107 School EQuipment Replacement Special Revenue Fund
Specific Fund Reserves
108 School Instructional Technoloav Fund
Specific Fund Reserves
109 School Vendina Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technoloav Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
114 School Cafeteria Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
115 School Operatina Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 002 Revenue Totals
Fund 107 Revenue Totals
Fund 108 Revenue Totals
Fund 109 Revenue Totals
Fund 112 Revenue Totals
Fund 114 Revenue Totals
Fund 115 Revenue Totals
FY 2008-09
Proposed
623,169,832
264,193,725
5,752,109
7,381,860
11,437,142
18,513,368
3,923,488
102,192,355
23,455,318
9,919,031
1,069,938,228
1,312,129
1,312,129
2,915,945
2,915,945
25,000
225,000
359,815
609,815
260,000
300,000
560,000
110,000
15,879,119
140,000
330,000
10,335,521
26,794,640
465,000
1,896,945
472,000
77 ,554,848
289,782,618
14,771,131
338,982,548
723,925,090
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B - Revenues
116 School Grants Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
117 School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
142 DEA Seized Property Special Revenue Fund
Specific Fund Reserves
147 Federal Section 8 Program Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 116 Revenue Totals
Fund 117 Revenue Totals
Fund 119 Revenue Totals
Fund 130 Revenue Totals
Fund 142 Revenue Totals
Fund 147 Revenue Totals
Fund 149 Revenue Totals
FY 2008-09
Proposed
2,882,326
13,525,262
38,464,823
54,872,411
100,000
6,000
2,590,546
5,183,744
7,880,290
45,000
484,348
4,189,615
24,000
4,742,963
6,948
276,000
282,948
160,000
160,000
18,000
13,028,461
256,606
1,291,000
14,594,067
2,240,460
33,215
19,373,660
240,900
13,206,975
1,004,327
36,099,537
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B - Revenues
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 150 Revenue Totals
151 Parks and Recreation Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 151 Revenue Totals
152 Tourism Growth Investment Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Transfers from Other Funds
Fund 152 Revenue Totals
157 Sandbridae Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 157 Revenue Totals
161 Aariculture Reserve Proaram Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Transfers from Other Funds
Fund 161 Revenue Totals
163 Tourism Advertisina Proaram Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Fund 163 Revenue Totals
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
Fund 165 Revenue Totals
FY 2008-09
Proposed
15,000
925,412
2,421
1,630
944,463
1,086,451
10,964,926
37,000
1,000
16,504,866
250,000
28,844,243
72,091
569,051
518,233
17,696,611
18,855,986
807,850
851,836
73,183
1,464,571
263,186
3,460,626
551
4,891,598
4,892,149
48,442
300,950
40,000
9,351,323
9,740,715
2,123,649
2,123,649
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B . Revenues
166 Sandbridge Tax Increment Financing Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 166 Revenue Totals
169 Central Business District - South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Specific Fund Reserves
Fund 169 Revenue Totals
172 Open Space Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 172 Revenue Totals
173 Maior Proiects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 173 Revenue Totals
174 Town Center Special Service District
Revenue from Local Sources
General Property Taxes
Fund 174 Revenue Totals
175 Golf Course Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 175 Revenue Totals
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from Local Sources
Charges for Services
Revenue from the Federal Government
Transfers from Other Funds
Fund 180 Revenue Totals
181 CD Loan and Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 181 Revenue Totals
FY 2008-09
Proposed
10,148,736
504,934
10,653,670
5,188,969
55,970
51,628
5,296,567
216,578
3,898,497
1,222,204
5,337,279
733,457
17,375,776
2,654,556
20,763,789
1,673,141
1,673,141
197,000
2,597,155
2,794,155
467,391
467,391
87,500
1,950,743
899,240
2,937,483
482,586
300,000
782,586
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B - Revenues
FY 2008-09
Proposed
182 Federal Housina Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
1,403,519
74,930
Fund 182 Revenue Totals 1,478,449
183 Grants Consolidated Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
65,000
2,823,935
1,795,876
371,106
Fund 183 Revenue Totals 5,055,917
187 Marine Science Museum Grants Fund
Revenue from the Federal Government
31,000
Fund 187 Revenue Totals 31,000
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
2,630,672
94,139,797
242,791
4,103,526
256,537
100,000
Fund 241 Revenue Totals 101,473,323
253 Parkina Enterprise Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
30,000
81,000
2,176,511
258,803
Fund 253 Revenue Totals 2,546,314
255 Storm Water Utility Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
160,000
17,432,900
5,190,739
70,327
Fund 255 Revenue Totals 22,853,966
302 General Debt Fund
Transfers from Other Funds
SpeCific Fund Reserves
123,666,756
298,686
Fund 302 Revenue Totals 123,965,442
460 School General Revenue Capital Projects Fund
Transfers from Other Funds
13,936,308
Fund 460 Revenue Totals 13,936,308
City of Virginia Beach, Virginia
Fiscal Year 2008-09 Budget Ordinance
Attachment B - Revenues
FY 2008-09
Proposed
540 General Government Capital Proiects Fund
Transfers from Other Funds
42,159,507
Fund 540 Revenue Totals 42,159,507
541 Water and Sewer Capital Proiects Fund
Transfers from Other Funds
7,000,000
Fund 541 Revenue Totals 7,000,000
555 Storm Water Capital Proiects Fund
Transfers from Other Funds
8,200,232
Fund 555 Revenue Totals 8,200,232
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
20,000
Fund 908 Revenue Totals 20,000
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
5,600
Fund 909 Revenue Totals 5,600
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
90,000
Fund 911 Revenue Totals 90,000
2,393,072,013
630,837,030
1,762,234,983
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
I I
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE
2 FOR FISCAL YEAR 2009
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2009 taxes for general purposes on all real estate,
7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
8 not otherwise provided for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars
9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be
10 applied on the basis of one hundred percentum of the fair market value of such real property, except for public
11 service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
12
13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as
14 Real Estate, "Certified Storm Water Management Developments and Property," "Certified
15 Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
16 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and
17 Certain Wetlands and Riparian Buffers.
18 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666
19 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2009, taxes on all
20 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities,"
21 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
22 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
23 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
24 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
25 Code of Virginia 9 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia 9
26 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents ($0.89) on each one hundred dollars of
27 assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of
28 one hundred percentum of fair market value of such real property except for public service property, which shall
29 be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
30
31 Sec. 3. Amount of Levy on Real Estate Within the Sand bridge Special Service District.
32 There shall be levied and collected for fiscal year 2009, taxes for the special purpose of providing beach
33 and shoreline restoration and management at Sandbridge on all real estate within the Sand bridge Special Service
34 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed
35 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this
36 ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of
37 the fair market value of such real property except for public service real property, which shall be on the basis as
38 provided in Section 58.1-2604 of the Code of Virginia.
39
40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
41 For the special purpose of operating and maintaining the parking garage and providing enhanced
42 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
43 as other additional services authorized by Virginia Code 9 15.2-2403, there shall be levied and collected for fiscal
44 year 2008, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
45 the rate of fifty cents ($0.50) forty-five cents ($0.45) on each one hundred dollars ($1'00) of assessed value
46 thereof. This real estate tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance.
47 The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market
48 value of such real property, except for public service real property, which shalt be on the basis as provided in
49 Section 58.1-2604 of the Code of Virginia.
50
. 51 Sec. 5. Severability.
52 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
53 shall not affect the validity of the remaining portions of this ordinance.
54
55 Sec. 6. Effective Date.
56 The effective date of this ordinance shalf be July 1, 2008.
57
58 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008.
59
60 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
e~~
;e~
City Attorney's Office
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
3 THE CALENDAR YEAR 2009
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and
8 collected for general purposes for the calendar year 2009 on all tangible personal property, including all separate
9 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
'0 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
',1 ($100) assessed valuation thereof.
'J 2 Specific categories of personal property taxed at this rate include, but are not limited to, the
'13 following:
'14 a. aircraft and flight simulators as described in Code of Virginia 9 58.1-3506 (A) (2) and (3) ;
15 b. antique motor vehicles as described in Code of Virginia 958.1-3506 (A) (4);
16 c. heavy construction equipment as described in Code of Virginia 9 58.1-3506 (A) (6);
17 d. computer equipment as described in Code of Virginia 9 58.1-3506 (A) (9);
18 e. tangible personal property as described in (a) Code of Virginia 9 58.1-3660 as "certified
19 pollution control equipment and facilities" or (b) Code of Virginia 9 58.1-3661 as "certified solar equipment,
20 facilities or devices and certified recycling equipment, facilities or devices"; and
21 f. personal vehicles as described in 9 58.1-3524 of the Code of Virginia. Taxes shall be
22 levied and collected for general purposes for the calendar year 2009 on the assessed value of all personal
23 vehicles not otherwise exempted from taxation in this ordinance, subject to the following:
24 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax.
25 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be
26 levied ~ 42.5% of the computed tax based on the total assessed value of the vehicle. Reimbursement is
27 expected from the state under the Personal Property Tax Relief Act equal to the remaining ~ 57.5% of the
28 computed tax on the first $20,000 of assessed value.
;~9 3. Any personal vehicle with an assessed value of over $20,000 will be levied ~ 42.5%
30 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the
31 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property
32 Tax Relief Act equal to the remaining ~ 57.5% of the computed tax on the first $20,000 of assessed value.
~3 4. Pursuant to authority conferred in Item 503.0 of the 2005 Virginia Appropriations Act, the
~4 City Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax
~5 due without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer
36 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on
37 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the
38 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this
39 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due
40 date of the tax.
41
42 Sec. 2. Amount of Levy on Manufactured Homes.
43 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and
44 collected for general purposes for the calendar year 2009 taxes on all vehicles without motive power, used or
45 designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate
46 of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof.
47
48 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More.
49 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and
50 collected for general purposes for the calendar year 2009 taxes on all boats or watercraft weighing five (5) tons or
51. more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each
52 one hundred dollars ($100) of assessed valuation thereof.
Ii I
I I
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE
2 FOR FISCAL YEAR 2009
3 BE IT ORDAINED BY THE COUNCil OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2009 taxes for general purposes on al/ real estate,
7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
8 not otherwise provided for in this ordinance, at the rate of eighty~nine cents ($0.89) on each one hundred dollars
9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be
10 applied on the basis of one hundred percentum of the fair market value of such real property, except for public
11 service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
12
13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as
14 Real Estate, "Certified Storm Water Management Developments and Property," "Certified
15 Solar Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
16 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and
17 Certain Wetlands and Riparian Buffers.
18 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1.3666
19 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2009, taxes on all
20 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities,"
21 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
22 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
23 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
24 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
25 Code of Virginia ~ 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia 9
26 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents ($0.89) on each one hundred dollars of
27 assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of
28 one hundred percentum of fair market value of such real property except for public service property, which shall
29 be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
30
31 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
32 There shall be levied and collected for fiscal year 2009, taxes for the special purpose of providing beach
33 and shoreline restoration and management at Sandbridge on all real estate within the Sand bridge Special Service
34 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed
35 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this
36 ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of
37 the fair market value of such real property except for public service real property, which shall be on the basis as
38 provided in Section 58.1-2604 of the Code of Virginia.
39
40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
41 For the special purpose of operating and maintaining the parking garage and providing enhanced
42 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
43 as other additional services authorized by Virginia Code ~ 15.2-2403, there shall be levied and collected for fiscal
44 year 2008, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
45 the rate of fifty oents ($0.50) forty-five cents ($0.45l on each one hundred dollars ($1'00) of assessed value
46 thereof. This real estate tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance.
47 The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the fair market
48 value of such real property, except for public service real property, which shall be on the basis as provided in
49 Section 58.1-2604 of the Code of Virginia.
50
. 51 Sec. 5. Severability.
52 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
53 shall not affect the validity of the remaining portions of this ordinance.
54
55 Sec. 6. Effective Date.
I, I
56 The effective date of this ordinance shall be July 1, 2008.
57
58 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008.
59
60 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~~~
;e~
City Attorney's Office
53 Sec. 4. Amount of Levy on Machinery and Tools.
54 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected
55 for general purposes for the calendar year 2009 taxes on machinery and tools, including machinery and tools
56 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at
57 the rate of one dollar and ninety cents ($1.00) ($1.90) on each one hundred dollars ($100) of assessed valuation
58 thereof. As provided by Code of Virginia S 58.1-3506 (8) , the following personal property shall also be taxed at
59 the rate of machinery and tools:
60 a. all tangible personal property used in research and development businesses, as
61 described in Code of Virginia S 58.1-3506 (A) (5) ;
62 b. generating or cogenerating equipment, as described in Code of Virginia S 58.1-3506 (A)
63 (7); and
64 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds
65 or more used to transport property for hire by a motor carrier engaged in interstate
66 commerce, as described in Code of Virginia S 58.1-3506 (A) (23) .
67
68 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational
69 Purposes Only.
70 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia,
71 there shall be levied and collected for general purposes for the calendar year 2009 taxes on all privately owned
72 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
73 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof.
74
75 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and
76 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers.
77 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall
78 be levied and collected for general purposes for the calendar year 2009 taxes at the rate of one dollar and fifty
79 cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
80 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and
81 privately owned travel trailers as defined in Code of Virginia S 46.2-1900, that are used for recreational purposes
82 only; and (b) privately owned trailers as defined in S 46.2-100 of the Code of Virginia that are designed and used
83 for the transportation of horses, except those trailers described in subdivision (A) (11) of S 58.1-3505 of the Code
84 of Virginia.
85
86 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
87 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced
88 tax, levied and collected for general purposes for the calendar year 2009 at the rate of one dollar and fifty cents
89 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly
90 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or
91 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
92 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
93 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
94 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
95 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
96 (A) (17), and that his or her disability is service connected.
97
98 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least
99 Sixty-Five Years of Age or Anyone Found to be Permanently and Totally Disabled.
100 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced
101 tax, levied and collected for general purposes for calendar year 2009, at the rate of three dollars ($3.00) on each
102 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used
103 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
104 _ as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
105 1. The total combined income received, excluding the first $7,500 of income, from all
106 sources during calendar year 2008 by the owner of the motor vehicle shall not exceed twenty-two thousand
107 dollars ($22,000).
I I
)8 2. The owner's net financial worth, including the present value of all equitable interests, as of
)9 December 31 of calendar year 2008, excluding the value of the principal residence and the land, not exceeding
10 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
i 1 3. All income and net worth limitations shall be computed by aggregating the income and
i 2 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
! 3 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
: 4 irrespective of how such motor vehicle may be titled.
'5 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
1'6 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
, 7 been satisfied.
118
"9 Sec. 9. Assessed Value Determination.
W In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the
~1 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the
,~2 Revenue for the City of Virginia Beach.
,~3
:~4 Sec. 10. Severability.
25 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
26 decision shall not affect the validity of the remaining portions of this ordinance.
'127
'128 Sec. 11. Effective Date.
'129 This ordinance shall be effective January 1, 2009.
'130
'131 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
'132
'I 33 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~ ~~'-----
;::;1?~
City Attorney's Office
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
2 SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S.
3 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
4 WHEREAS, the United States Congress has established legislation designated as the Housing and
5 Community Development Act of 1974 that sets forth the development of viable urban communities as a national
6 goal;
7
8 WHEREAS, there is federal assistance available for the support of Community Development and Housing
9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate
10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
11 City's housing stock and community services, along with other related activities; and
12
13 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
14 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
15 Development and has created the necessary mechanisms for its implementation in compliance with federal and
16 local directives;
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA:
20 That the City Manager is hereby authorized and directed, as the executive and administrative head of the
21 City, to submit the City's FY 2009 Annual Funding Plan (the "Plan") and amendments thereto, along with
22 understandings and assurances contained therein and such additional information as may be required, to the
23 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO
CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~/
/ u.
LManagemen
:(lU~
Services
;e~
City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
3 TAXES FOR ELDERLY OR DISABLED PERSONS BY
4 INCREASING INCOME AND NET WORTH LIMITS
5 SECTIONS AMENDED: 99 35-64 AND 35-67
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
8
9 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc.
IiO (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
11 shall be granted to persons subject to the following provisions:
12 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially
13 held, on June thirtieth immediately preceding the taxable year, by the person or persons
14 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
15 persons.
16 (2) The head of the household occupying the dwelling and owning title or partial title thereto or
17 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally
18 disabled or is sixty-five (65) years of age or older on June thirtieth of the year immediately
19 preceding the taxable year; provided, however, that a dwelling jointly held by a husband and
20 wife may qualify if either spouse is over sixty-five (65) years of age.
21 (3) For the tax exemption programs, the total combined income received from all sources during
22 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
23 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
24 exceed sixty-twe three thousand four hundred and fifty dollars ($132,000) ($63,450) provided
:~5 that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse
:~6 of the owner, who is living in the dwelling, shall not be included in such total: and provided
:~7 further that the first ten thousand dollars ($10,000.00) or any portion thereof of income received
:~8 by a permanently and totally disabled owner shall not be included in such total.
29 (4) For the tax freeze program, the total combined income received from all sources during the
30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal
31 residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed
32 sixty-twe three thousand four hundred and fifty dollars ($62,000) ($63,450); provided that the
33 first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the
34 owner, who is living in the dwelling, shall not be included in such total; and provided that the
35 first ten thousand dollars ($10,000.00) or any portion thereof of income received by a
36 permanently and totally disabled owner shall not be included in such total.
37 (5) For the tax exemption programs, the net combined financial worth, including equitable interests,
38 as of December thirty-first of the year immediately preceding the taxable year, of the owners,
39 and of the spouse of any owner, excluding the value of the dwelling and the land (not
40 exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty
41 thousand dollars ($350,000.00).
42 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as
43 of December thirty-first of the year immediately preceding the taxable year, of the owners, and
44 of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding
45 one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars
46 ($350,000.00).
47 (7) For the tax deferral program, the total combined income received from all sources during the
48 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal
49 residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed
50. sixty-twe three thousand four hundred and fifty dollars ($62,000) ($63,450) provided that the
51 first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the
52 owner, who is living in the dwelling, shall not be included in such total; and provided further that
53 the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a
54 permanently and totally disabled owner shall not be included in such total.
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
(8) For the tax deferral program, the net combined financial worth, including equitable interests, as
of December thirty-first of the year immediately preceding the taxable year, of the owners, and
of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding
one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars
($350,000.00).
(9) The dwelling is occupied.
Sec. 35-67. Amount of exemption.
When a person claiming exemption under this division conforms to the standards and does not exceed
the limitations contained in this division, the tax exemption shall be as shown on the following schedule:
Total income,
All Sources
$0.00 $46,000.00
$46,000.01 $I2iO,OOO.OO
$50,000.01 $54,000.00
$54,000.01 $58,000.00
$58,000.01 $62,000.00
$0.00 - $47.100.00
$47.100.01 - $51.200.00
$51,200.01 - $55.300.00
$55.300.01 - $59.400.00
$59.400.01 - $63.450.00
Tax Exemption
100%
80%
60%
40%
20%
No lien shall accrue as a result of the amount certified as exempt.
BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2008.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
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Management Services City Attorney's Office
I I
1 AN ORDINANCE TO DECLARE $ 9,000,000 OF FUNDING
2 WITHIN THE SANDBRIDGE TAX INCREMENT FINANCING
3 DISTRICT AS SURPLUS FUNDS IN THE FY 2007-08
4 OPERATING BUDGET
5 WHEREAS, the Sandbridge Tax Increment Financing District (Sand bridge TIF) and the Sand bridge
6 Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline
7 restoration and management at Sand bridge;
8
9 WHEREAS, an analysis of the Sand bridge TIF and the Sand bridge SSD occurs annually to ensure that
'0 funding is adequate for long-term beach and shoreline restoration and management along Sandbridge;
'1
'2 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient
" 3 funding to meet long-term obligations for beach and shoreline restoration and management;
'4
~ 5 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the
16 project;
17
18 WHEREAS, $ 9,000,000 is available as an unencumbered appropriation in the FY 2007-08 Sand bridge
19 TIF Reserve for Future Commitments.
20
:21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
22 VIRGINIA:
23 (1) That $ 9,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the
24 long-term obligations for beach and shoreline restoration and management and is hereby declared
25 surplus.
26 (2) That $ 9,000,000 is hereby transferred within the FY 2007-08 Operating Budget from the
27 Sandbridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues.
:~8
:~9 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2008.
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS TO
3 MAINTAIN THE TAX AT ITS CURRENT AMOUNT
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6 to read as follows:
7
8 Sec. 35-159. Levied; Amount.
9 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total
10 amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar
11 ($1.00) for each night of lodging at any lodging place other than a campground, The percentage-based
12 portion of the tax rate shall be reduced by one-half (0.5) percent on July 1, 2008, 2013 and further
13 reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in
14 effect through June 30, 2008 2013.
15 (b) There is hereby levied and imposed on each transient within the Sand bridge Special Service District
16 (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to two and one-half (2.5)
17 percent of the total amount paid for lodging within the district, by or for any such transient to any lodging
18 place, excluding hotels, motels and travel campgrounds.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Management Services
City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
2 CIGARETTE TAX BY INCREASING THE AMOUNT OF THE TAX
3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 That section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read
6 as follows:
7
8 Sec. 35-207. Levied; Amount.
9 There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirty
10 tNenty five and fiftv ~ (30.50) mills per cigarette sold within the City, the amount of such tax to be paid by the
11 seller, if not previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by
12 two and one-half (2,5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax
13 imposed herein in the amount of ten (10) per centum per month, and interest in the amount of three-quarters of-
14 one (0.75) per centum per month, upon any tax found to be overdue and unpaid.
15
16 This ordinance shall be effective July 1, 2008.
17
18 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
19
20 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Management Services
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City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 EQUIVALENT RESIDENTIAL UNIT (ERU) FEE
3 SECTION AMENDED: ~ 32.5-2
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
6 to read as follows:
7
8 Sec. 32.5-2. Definitions.
9 The following words and terms used in this section shall have the following meanings:
10 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-
11 family residential developed property per dwelling unit located within the city based on
12 the statistical average horizontal impervious area of a single-family residence in the city.
13 An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269)
14 square feet of impervious surface area,
15 (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be
16 sixteen and one tenth cents ($0.161) per d3Y, effective July 1, 2005; seventeen 3nd one
17 tenth cents ($0.171) per d3Y, effective July 1, 2006; and eighteen 3nd one tenth cents
18 ($0.181) per d3Y offactive July 1, 2007. twenty and one-tenth cents ($0.201) per day.
19 effective July 1. 2008: twenty-two and one-tenth cents ($0.221) per day. effective July 1.
20 2009. and twenty-four and one-tenths cents ($0.241) per day, effective July 1, 2010,
21
22
23 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
4
(
Management Services
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City Attorney's Office
1 AN ORDINANCE TO AMEND CITY CODE SECTION 27-5 TO
2 INCREASE THE PENALTY FOR FALSE BURGLAR ALARMS
3 FOR COMMERCIAL AND RESIDENTIAL PROPERTIES
4 Sec. 27-5. Service charge for false alarms to which police are required to respond.
5
6 There is hereby established a service charge of twonty fi'.'o doll3rs ($25.00) one hundred fifty dollars
7 ($150) to be paid by each residence after two false alarm calls within a twelve month period and for each false
8 alarm call thereafter to which the police of the city are required to respond. That two hundred fifty dollars ($250)
9 is hereby charoed to each business, industrial user for each false alarm caused by negligence to which the police
10 of the city are required to respond after two false alarm calls within a twelve month period and each call
11 thereafter. Such charge shall be payable to the city treasurer.
12
13 (Ord. No. 983,9-10-79)
14
15 This ordinance shall be effective July 1, 2008.
16
17 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
jj~Q-
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Management Services
City Attorney's Office
1
2
AN ORDINANCE TO AMEND SECTION 12-49.1 OF THE CITY
CODE REGARDING PERMITS AND INSPECTION FEES
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Sec. 12-49.1. Permits and inspection fees.
Fees for permits or inspections required by this article or the Virginia Statewide Fire Prevention Code are
hereby levied in accordance with the following schedule:
(1 )
There is hereby a charQe of $50.00 for all initial Fire Inspections. This fee will apply for each
structure within normal inspection cycles.
t-Bm
Reinspection fee for socond third re-inspection and every subsequent inspection to
demonstrate compliance with the Virginia Statewide Fire Prevention Code. . . $25.00.
This ordinance shall be effective July 1, 2008.
Adopted by the Council of the City of Virginia Beach, Virginia, on this the 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
;:P~
Management Services
City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 INCREASE IN ADMINISTRATIVE FEES FOR REGULATION OF
3 UNSAFE STRUCTURES AND ABATEMENT OF VARIOUS
4 NUISANCES
5 SECTIONS AMENDED: SS 16-35, 23-46, 23-48, 23-50, 23-50.1
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That sections 16-35, 23-46, 23-48, 23-50, 23-50.1 of the Code of the City of Virginia Beach, Virginia are
8 hereby amended and reordained to read as follows:
9
10 Sec. 16-35. Regulated.
11 (d) In the event the owner of a building, wall or structure who has been served with the notice provided for in
12 subsection (c) hereof shall fail to comply with the terms of such notice within the time specified therein, the Code
13 Enforcement Administrator, through his or her own agents or employees, shall be authorized to order the building,
14 wall or structure, or portion thereof, to be repaired, or to be demolished and the debris removed, at the cost of the
15 owner. Such cost shall include an administrative fee in the amount of one hundred @y dollars ($100.00)
16 ($150,00). For the purposes of this section, repair may include maintenance work to the exterior of a building to
17 prevent deterioration of the building or adjacent buildings. No building, wall or structure, or portion thereof, shall
18 be repaired or demolished by order of the code enforcement administrator for at least thirty (30) days following the
19 later of the return of the receipt or newspaper publication as provided for in subsection (c) hereof.
20
21 Sec. 23-46. Nuisance generally.
22 (e) A violation of any of the provisions of this section, or failure to comply with the terms of a notice issued and
23 served as provided in this section within the time prescribed in such notice, shall constitute a class 2
2:4 misdemeanor. In addition to any penalties imposed hereunder, the City may institute legal action to enjoin the
2:5 continuing violation of this section and may remove or contract for the removal of such public nuisance, in which
2:6 event the cost and expenses thereof, including an administrative fee in the amount of one hundred @y dollars
2? ($100,00) ($150.00), shall be chargeable to and paid by the owner or occupant of the land or premises, Any such
2~8 charge which is not paid within thirty (30) days of the date or which is billed to the person or persons named in the
2~9 notice may be collected by an action at law or in any manner provided by law for the collection of taxes.
2.0
31 Sec.23-48. Open storage of rusted, junked, etc., machinery, equipment, etc.
32 (a) It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture,
33 appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted,
:-14 wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any
35 such item which remains on the property for a period of seven (7) days after notice of violation of this section is
36 given to the owner of such property shall be presumed to be abandoned and subject to being removed from the
:-17 property by the city or its agents without further notice. In the event any such item is so removed, the cost of
38 removal, including an administrative fee in the amount of one hundred fifty dollars ($100.00) ($150.00), shall be
39 charged to the owner of the property, Any such charge which is not paid within thirty (30) days of the date on
40 which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner
41 provided by law for the collection of taxes.
42
43 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds or grass.
44 (d) Failure to comply with the terms of a notice issued and served as provided in this section within the time
45 prescribed in such notice shall constitute a Class 2 misdemeanor. In addition to any penalties imposed hereunder,
46 the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for
47 the removal of such trash, garbage, refuse, litter or similar substances or grass, weeds, brush or similar
48 vegetation, in which event the cost and expenses thereof, including an administrative fee in the amount of one
49 hundred fifty dollars ($100.00) ($150.00), shall be chargeable to and paid by the owner or occupant of the land or
50 premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of
51 such land or premises shall constitute a lien upon the property and may be collected in any manner provided by
52 law for the collection of taxes; provided, however, that no such lien shall be valid against any owner of land or
53 premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be.
54
55 Sec. 23-50.1. Removal of certain trees.
56 (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time
57 prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed
58 hereunder, the Code Enforcement Administrator may, in the name of the city, institute legal action to enjoin the
59 continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof,
60 in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars
61 ($100,00) ($150.00), shall be charged to the person or persons named in the notice and collected by action at law
62 or as delinquent real estate taxes are collected, or both, The remedies provided for herein shall be cumulative in
63 nature,
64
65 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
66
67 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Management SerVices
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City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
2 YARD WASTE CONTAINERS BY ESTABLISHING A FORTY DOLLAR
:3 FEE FOR 24-HOUR USE MONDAY THROUGH THURSDAY AND
4 SEVENTY FIVE DOLLARS FOR WEEKEND USE
5 SECTION AMENDED: S 31-35
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That section 31-35 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
8 to read as follows:
9
10 Sec. 31-35. Use of yard waste containers.
11 The City shall make available to those homeowners who are residents of the city a yard waste container~
12 which shall be picked up and delivered by city employees. Prior to the container beina delivered. there shall be
13 paid to the city a fee of tt:HFty forty dollars ($30.00) ($40.00), which shall ge p3id to the city before the container is
14 doli':ered, for the use of a yard waste container delivered for a 24-hour period Mondav throuah Thursdav and
15 seventy-five dollars ($75.00) for deliveries made on Fridavs and picked UP on Mondav, The city employees shall
16 deliver and place the yard waste container on the property of the homeowner of an occupied dwelling who has
17 requested the yard waste container. Deliveries made on Frid3Ys Sh311 ge picked up on Monday. Prior to delivery
18 of the yard waste container, the homeowner shall sign a statement which shall state:
19 (1) That he is not a contractor and that his need arises from his homeownership;
20 (2) That the yard waste container shall only be used for tree limbs, leaves, shrubbery, grass trimmings
21 and yard debris;
22 (3) That he will not place hazardous waste, stumps, building and construction materials or other bulky
23 items within the yard waste container;
24 (4) That he will not fill the load above the top of the container; and
25 (5) That he will release the city from liability for any damages resulting from city equipment or personnel
26 being on private property to deliver or remove the yard waste container.
27 (6) That he will be responsible for any injuries and/or damages that result to individuals using the
28 container or directly to the container while being used by the homeowner.
29 (7) That he will reimburse the city for any costs associated with the handling and disposal of any material
30 or items placed in the yard waste container in violation of any of the provisions of this section.
31
32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1,2008.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
~' :r(2uil ;;e~~
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Management Services City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 ESTABLISHMENT OF INSPECTION FEES FOR RENTAL DWELLING
3 UNITS
4 SECTION AMENDED: ~ 16-12.7
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 That section 16-12.7 of the Code of the City of Virginia Beach, Virginia is hereby amended and
7 reordained to read as follows:
8
9 Sec. 16-12.7. Issuance of certificate; fees.
10 Except 3S provided in belo'.'.', t Ihere shall be Re a fee of fiftv dollars ($50.00) for the initial inspection and one re-
11 inspection on rental dwellina units in rental inspection districts created bv Citv Council. inspection fee for the
12 inspection of a dv:ellin~ lInit. If repairs or corrections are deemed necessary by the coGle enforcement
13 administrator, and a follow lip is required, no fee shall be charged for the follov.' up. If, however, subsequent
14 follow-ups are required, there shall be charged a fee of fifty dollars ($50.00) per dwelling unit for each subsequent
15 unit follow-up. No follow-up shall be performed, nor any certificate be issued, until all fees have been paid.
16
17 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
18
19 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
R~
City Attorney's Office
, I
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 ESTABLISHMENT OF AN ADMINISTRATIVE FEE RELATED TO THE
3 ABATEMENT OF INOPERABLE VEHICLES ON RESIDENTIAL,
4 COMMERCIAL OR AGRICULTURAL PROPERTY
5 SECTION AMENDED: 9 16-40
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7
8 That section 16-40 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
9 to read as follows:
10
'11 Sec. 16-40. Open storage of inoperable vehicles on residential, commercial or agricultural property.
12 (1) (c) Any person violating any provision of this section shall be given a notice that the keeping of such
'1:3 inoperable vehicle constitutes a violation which must be abated within seven (7) days from the date of
14 such notice, The notice shall (1) reasonably describe the subject inoperable vehicle; (2) state that any
15 owner of such inoperable vehicle or any owner of property upon which such inoperable vehicle is
16 located may appeal the decision that the vehicle is in violation of this Section by a written notice of
17 appeal with the Code Enforcement Administrator of the Department of Housing And Neighborhood
18 Preservation within seven (7) days from the date of the notice; (3) state that failure to comply with the
19 requirements of this Section may result in the removal and disposal of the vehicle; aAG (4) state that
.20 such removal and disposal shall be at the expense of the owner of such inoperable vehicle or the
21 owner of the property upon which such vehicle is located~; and (5) state that an administrative fee in
22 the amount of one hundred fifty dollars ($150.00) shall be charaeable to and paid bv the owner of
23 such inoperable vehicle or the owner of the property upon which such vehicle is located and mav be
24 collected as taxes and levies are collected.
25 (e) "...Should the cost of removal and disposal exceed the proceeds of sale as outlined in subsection
26 (e) above, the additional cost of any such removal and disposal shall be chargeable to the owner of
27 the inoperable vehicle or of the property and may be collected by the city as taxes and levies are
28 collected; and every cost authorized by this section with which the owner of the property has been
29 assessed shall constitute a lien against the property from which the inoperable vehicle was removed,
30 the lien to continue until actual payment of such costs has been made to the city.
31 (f) The owner or his agent may, at any time from the date of removal, up to and including the
32 twentieth day of storage, claim such vehicle upon payment of towing, preservation and storage
33 charges,
34
35 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Management Services
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City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO
2 VARIOUS WATER AND SEWER FEES
3 SECTIONS AMENDED: 9928-4,37-7.1, and Appendix B, Section 5,9
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 That sections 28-4, 37-7.1, and Appendix B, Section 5,9 of the Code of the City of Virginia Beach, Virginia
7 are hereby amended and reordained to read as follows:
8
9 'Sec. 28-4. Sanitary sewer connection fees, generally.
10 (b) Where connection is made to the public sewer system, connection fees shall be fifty six dollars ($56.00) fjf!y
11 nine dollars ($59.00) per drainage fixture unit, as defined in the current edition of the Uniform Statewide Building
12 Code or, where gravity sewer service is not available to the property, twenty-eight dollars ($28.00) per drainage
13 fixture unit.
14 (b1) Notwithstanding the provisions of subsection (b) hereof, where a use or structure connected to the sanitary
15 sewer system is expanded or modified so as to result in an increase in drainage fixture units, and such addition or
16 modification does not require site plan approval, connection fees shall be thirteen dollars ($13.00) per drainage
17 fixture unit added.
18 (c) Where the property owner must construct a sewer or sewers, which are to become a part of the public sewer
19 system, to provide service to a specific parcel or parcels, as shall be shown on the approved construction plans,
20 connection fees shall be thirteen dollars ($13.00) per drainage fixture unit.
21 (d) Whenever system installation costs are calculated pursuant to subsection (c) of this section, and the property
22 to be served discharges through a pump station owned by the city, then, in addition to the fees prescribed in
23 subsection (c) above, there shall also be charged a fee in the sum of seven hundred fifty six dollars ($756.00)
24 from July 1, 2008 to June 30. 2009. and one thousand one hundred eiahty seven dollars ($1.187.00) effective
25 July 1, 2009 three hundred twenty five dollars ($325.00) per gallon per minute/peak flow. "Peak flow" shall be
26 construed to mean the prevailing peak flow standards set forth by the state health department or the actual peak
27 flow, whichever is greater.
28 (e) Special sewer connection fees for seasonally operated campgrounds connected to any main or interceptor are
29 hereby established. Such fees shall be determined as follows:
30 (1) For campgrounds operated on a seasonal basis, each campsite or recreational vehicle pad shall be deemed
31 to contain one-half of the number of drainage fixture units contained in a residential bathroom, as established by
32 the current edition of the Uniform Statewide Building Code. For each such drainage fixture unit, the fee shall be
33 fifty six dollars ($56.00) fifty nine dollars ($59.00),
34 (2) For campgrounds operated on a year-round basis, each campsite or recreational vehicle pad shall be deemed
35 to contain the number of drainage fixture units contained in a residential bathroom, a's established by the current
36 edition of the Uniform Statewide Building Code. For each such drainage fixture unit, the fee shall be fifty six
37 dollars ($56.00) fifty nine dollars ($59.00).
38 For these fees to be applicable, the owner must enter into a contract with the city providing that, at such future
39 times as the campground is converted to year-round use, the fees specified in subsections (b) and (c) of this
40 section shall be applicable and that the owner shall pay the difference in such fees at the time of conversion to
41 year-round use.
42
43 Sec. 37-7.1. Water resource recovery fees generally.
44 (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of
45 the cost of water resource development and associated distribution facilities. Such fees shall be known as
46 "recovery fees." The fees shall be determined on the basis of the drainage fixture unit schedule as provided in the
47 Uniform Statewide Building Code (Plumbing), as amended from time to time. Such fees shall also be applicable to
48 a use or structure presently connected to the water system whenever such use or structure is expanded, changed
49 or modified resulting in an increase in drainage fixture units, and to a use or structure not presently connected to
50 the water system when such use or structure connects. If a property owner has previously paid water line fees but
51 has not obtained a building permit, the property owner shall be charged the full amount of applicable recovery
52 fees, less a credit of any water line fees previously paid.
53 (b) Recovery fees shall be as follows:
54 (1) Each drainage fixture unit shall be charged a recovery fee according to the following schedule:
55 (i) Thirty-two dollars ($32.00) per drainage fixture unit from the effective date of this section until June 30, 1986.
I I
56 (ii) Sixty-three dollars ($63.00) per drainage fixture unit from July 1, 1986, to December 31, 1986.
57 (iii) Sixty-six dollars ($66.00) per drainage fixture until effective November 24, 1987.
i8 (iv) Seventy-nine dollars ($79.00) per drainaoe fixture from Julv 1, 2008. to June 30. 2009.
'i9 (v,) Ninetv-two dollars ($92.00) per drainaoe fixture effective Julv 1, 2009.
30
j 1 Appendix B Subdivision Regulations, Sec. 5.9 Sanitary Sewerage.
'32 (d) Where general sewerage systems provided by the developer include pumping stations, where on-site standby
'33 power is not provided by the developer, the developer will be required to deposit with the Department of Public
'34 Utilities the sum of one thousand one hundred thirty three dollars ($1,000.00) ($1,133.00) from Julv 1, 2008 to
35 June 30, 2009, and one thousand six hundred sixty six dollars ($1.666.00) effective July 1. 2009, per pumping
36 station to be used for the purchase of emergency portable equipment. In the event a sewer:lge pumping st:3tion
37 will have :I c:lpacity greater than one thous:lnd (1,000) gallons per minute pumping r:lta, an :additional fee of one
38 dollar ($1.00) par gallon per minllto over one thousand (1,000) gallons per minute will be required.
'39 (e) Developer shall pay all costs of engineering and inspection, landscapino. data communications, and such
70 other costs as may be involved in the connection to the public sewerage system. Landscapino fees shall be in the
71 sum of one thousand five hundred seventy dollars ($1.570) from July 1. 2008 to June 30. 2009. and one thousand
72 six hundred thirty nine dollars ($1.639.00) effective July 1, 2009. Developer shall also pay such connection, line
73 and tap fees as may be specified by city ordinance. No sewerage service shall be furnished by the city to any lot
74 created under this ordinance until all charges are paid; provided, however, that in case of a hardship, temporary
75 use may be made where the method of handling is jointly approved by the Director of Public Utilities and the
76 Director of Public Health and where the developer or lot owner accepts full responsibility and bears the cost of
77 such operation
78
79 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
80
81 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Management Services
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City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 ESTABLISHMENT OF A LATE FEE RELATED TO THE PAYMENT OF
3 WATER BILLS
4 SECTION AMENDED: ~ 37-54
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
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7 That section 37-54 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
8 to read as follows:
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10 Sec. 37-54. When due and payable; delinquency.
11 (a) All bills for charges prescribed by this article shall be due and payable within thirty (30) days from
12 the date of the bill, and shall be deemed delinquent if not paid in full within such time. A late fee of
13 $1.50 will be charaed to accounts for a bill that is not paid within thirty (30) days from the date of the
14 bill. The Department of Public Utilities shall notify the customer, in writing, of such delinquency, and
15 shall direct the customer to show cause, within fifteen (15) days, why his water service should not be
16 discontinued.
17 (b) Failure to receive a bill for charges prescribed by this article shall not prevent the discontinuance
18 of service in accord with the provisions of this section.
19 (c) If, within forty-five (45) days of the date of a bill, all charges and interest provided for in this article
20 are not paid, a twenty dollar ($20.00) delinquent service fee shall be applied to the account and the
21 water supply to the premises shall be disconnected.
22 (d) When water service is discontinued pursuant to this section, water shall not again be turned on
23 until all arrearages and charges have been paid, including the late fee and the delinquent service fee
24 of twenty dollars ($20.00), if the premises are occupied by the same customer who incurred the bill;
25 provided, that any customer delinquent or in arrears shall settle all past indebtedness, wherever
26 incurred, before again being served city water.
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28 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2008.
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30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008,
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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City Attorney's Office
I I
1 AN ORDINANCE TO AMEND SECTION
2 33-71 OF THE CITY CODE FOR VARIOUS
3 PLANNING FEES
4
5 Sec. 33-71. Schedule.
6 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be
7 required or not required in accordance with the following schedule:
8
Type of Project Permit Minimum
Inspection Fee Guarantee Fee
Fee
One (1) permit ~ Based on 1.5% the total cost of construction as Deposit in
(1) for work of a provided in the engineer's cost estimate, excluding accordance
continuing water, sewer and street light costs, with a $50.00 with estimated
nature $100 minimum. cost
Logging road, ~ Deposit in
(2) tram road and $50.00 accordance
other temporary with estimated
entrances $100 cost
Cutting, ~
(3) trimming or $50.00 $25.00
spraying trees or $100
shrubs
(4) $300.00
Blanket permit $0.00
$500
(5) Single- or two-
family driveway $35.00 $0.00 $0.00
aprons
(6) ~
Single permit $0.00 $0.00
$100
Based on 1.5% of the total cost of construction as
provided in the engineer's cost estimate, excluding Deposit in
(7) ~ street light costs, with a $50.00 minimum; provided, accordance
All other work however, that water and sewer fees shall be based on with estimated
$100 10% of the construction cost up to $7500.00 plus 1.5% cost.
of the construction cost in excess of $7500.00, with a
$50.00 minimum.
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10 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four
11 dollars ($84.00) shall be required.
12 (Code 1965, ~ 32-49; Ord. No. 1869,5-15-89; Ord. No. 2073, 6-25-91; Ord. No. 2377, 3-26-96; Ord. No.
13 2633,5-15-01; Ord. No. 2808, 5-11-04; Ord. No. 2876, 5-10-05)
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15 Sec. 33-72. Reserved.
16 Editor's note: Ord. No. 2377, adopted March 26, 1996, repealed ~ 33-72, which set out the amount of
17 inspection fees under this article and which derived from Code 1965,932-47; and Ord. No. 1869, adopted
18 May 15,1989.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Management Services
,R~r
City Attorney's Office
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REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY
AN ORDINANCE TO AMEND CITY CODE SECTION 35-80.1,
PERTAINING TO REAL ESTATE TAX EXEMPTIONS AND TAX
CREDITS FOR REHABILITATION OF HISTORICALLY SIGNIFICANT
STRUCTURES
SECTION AMENDED: 9 35-80.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 35-80.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and
reordained to read as follows:
Sec. 35-80.1. Exemption for historically significant rehabilitated structures.
(a) Finding; purpose. The city council hereby recognizes the educational and cultural value of
the city's historically significant structures. The purpose of this section is to assist in the preservation of
such structures, and to that end, the substantial rehabilitation of historically significant structures shall
entitle the owner to a partial exemption from real estate taxes or real estate tax credit, subject to the
terms and conditions set forth in this section. The real estate assessor shall administer this section with
guidance from the historic::!1 review b03rd director of planninq as to the effect of rehabilitation projects on
the historical significance of structures.
(b) Eligibility for exemption. To be eligible for the partial exemption from real estate taxation or
tax credit provided by this section, a structure shall be historically significant and no less than fifty (50)
years of age at the time the application is made. Any such exemption shall only apply to rehabilitated
existing structures, and shall not apply to new construction. For the purpose of this section~,
(1) "rehabilitation" shall mean the restor3tion of 3n existing structure to its formor st3te
or condition process of returninq a property to a state of utility. throuqh repair or
alteration. which makes possible an efficient contemporary use while preservinq
those portions and features of the property which are siqnificant to its historic.
architectural. and cultural values; ,aM
(2) "historically significant structure" shall mean a structure listed on the Virginia Beach
Historical Register, as established at in section 8-91 of this Code. or a structure
eliqible for listinq on the Reqister. and for which an application for inclusion on the
Reqister is pendinq at the time rehabilitation commences: and
m "qualifvinq costs" include the costs of all work done to the structural components.
heatinq. plumbinq and electrical systems of the buildinq. work done to update
kitchens and bathrooms. work necessary for compliance with the Americans With
Disabilities Act. the installation of fire suppression systems and fire escapes.
reasonable architectural and enqineerinq fees. construction period interest and
taxes. and construction manaqement costs. Acquisition costs. site work and
landscapinq elements and any expenses attributable to additions or enlarqements
of the buildinq shall not be included.
Residential structures, hotel or motel structures. and commercial or industrial structures, as
provided by Virqinia Code of Virginia ~~ Sections 58.1-3220. 58.1-3220.1 and 58.1-3221, respectively.
afe shall be eligible for the partial exemption provided by this section. The tax credit provided by this
section shall be available only to those property owners who. in addition to meetinq the foreqoinq
requirements. meet the requirements set forth in subdivision (3) of subsection (f).
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(c) Application for exemption; base value. To qualify for a partial tax exemption for the
rehabilitation of a historically significant structure, the owner(s) of such structure shall, at the same time
an application is made for a building permit to rehabilitate such structure, file with the real estate assessor
and the historical re'/iew board an application and construction plans. The application shall be on a form
created and supplied by the real estate assessor. Among the other information supplied, the applicant
shall estimate on the application form the aualifyina costs of the rehabilitation project and any increase in
value of the structure that may result. Such application must be filed prior to the commencement of any
rehabilitation work for which an exemption is sought. No structure shall be eligible for such exemption
unless the appropriate buildingpermit(s) have been acquired.
(d) Review of application and plans. The historical revie'.*.' board director of plannina or his
desiQnee shall review all applications, plans and other information submitted that relate to a rehabilitation
project for which the exemption provided by this section is sought. If, after reviewing the application and
plans for a proposed rehabilitation project, the historic:lI review bO:::lrd director of plannina determines in
writing that the proposed project will diminish the historical significance of the structure, the real estate
assessor shall, by certified mail, inform the applicant that the exemption will be denied for the proposed
rehabilitation. If the historical review board director of plannina determines in writing that a proposed
rehabilitation project will restore or maintain the historical significance of the structure, the real estate
assessor shall notify the applicant that the project has been approved for the exemption, subject to
compliance with the terms of this section. The assessment of the structure for the current tax year, prior to
commencement of the rehabilitation, shall constitute the base value of the structure. The historical reviev:
00aFG director of plannina shall endeavor to review :::In :::lpplicotion make a determination within sixty (60)
thirty (30) days from the date it a completed application is received, and all applications, plans or other
materials reviewed submitted by the historical review board applicant shall be returned to the real estate
assessor after the review and inspection process is completed.
(e) Inspection; effective date. Within thirty (30) days of the rehabilitation project's completion,
the owner shall notify the real estate assessor in writing that the project has been completed. The real
estate assessor shall transmit this notice to the historical review board director of plannina, which shall
then inspect the rehabilitated structure to verify that the work has been completed as described in the
previously filed application and plans. If the historical review board director of plannina verifies in writing
that such rehabilitation project has been satisfactorily completed, the real estate assessor shall so notify
the applicant. The real estate assessor shall then reassess the rehabilitated structure, and record the new
value as provided by law. Such verification and re-assessment shall be performed within sixty (60) days
after such written notice of completion is received. Any tax exemption shall become effective on July 1 of
the year following completion of the rehabilitation project. No structure shall be eligible for the partial
exemption provided by this section unless the historic:::l1 review board director of plannina verifies that the
rehabilitation work described on the application and plans has been completed in substantially the same
manner described in the previously filed application and plans. In any case where the work performed
substantially varies from the work described in the application and plans, the real estate assessor shall
notify the applicant that the exemption will be denied.
(f) Exemption and tax credit for rehabilitated historically significant residential structures.
The exemption for rehabilitated historically significant residential structures shall be calculated and
applied as set forth below:
(1) For rehabilitated historically significant residential structures, the exemption shall
be in an amount equal to the areater of the initial increase in assessed value of
the structure 3BO'/0 its base value resulting from the rehabilitation of the
structure, as determined by the real estate assessor. or an amount equal to fifty
per cent (50%) of the aualifvina costs of the rehabilitation, as defined in
subdivision (3) of subsection (b), not to exceed the amount of the assessment of
the structure at any time after its rehabilitation. The applicant shall submit to the
real estate assessor documentation of all Qualifvina costs incurred as a basis for
the exemption, and shall execute an affidavit statina that all such costs were
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incurred as part of the proiect. +ffis The exemption shall run with the land for
fifteen (15) years. No rehabilit~tion project shall qualify for this exemption unless
the rehabilit~tion results in :m increase of at least twenty (20) percent in the
~ssessed value of the structure above the base value. No increase in
assessment occurring after the first year of such rehabilitation exemption shall
qualify for an increase in such exemption. In the event of a decrease in the
property's assessed value after the first year of any rehabilitation exemption, the
exemption shall be based on the difference in taxes computed on the base value
and the decreased assessed value of the property.
(2) In addition to the exemption provided for in this subsection, there shall also be a
real estate tax credit for rehabilitated historicallv sianificant residential structures
for those property owners who have purchased and rehabilitated, in accordance
with the provisions of this section, a historicallv siqnificant residential structure
which at the time of purchase was encumbered bv local property tax liens
exceedinq fifty per cent (50%) of the assessed value of the property. Such tax
credit shall be in an amount eaual to the total amount of the tax liens, not to
exceed the amount bv which the local property tax liens exceeded fifty per cent
(50%) of the assessed value of the property at the time of purchase. The credit
shall be applied upon completion of the rehabilitation and may be allocated bv
the property owner over a period of no lonqer than ten (10) years.
~ ill By August 15th of each year of the period of exemption from real estate taxes,
the real estate assessor shall notify the city treasurer of the exemption and tax
credit. if an v, and the amount to be credited to the property owner's tax bill.
(g) Exemption for rehabilitated historically significant commercial or industrial structures.
The exemption for rehabilitated historically significant commercial or industrial structures shall be
calculated and applied as set forth below:
(1) For rehabilitated historically significant commercial or industrial structures, the
exemption shall be an amount equal to the qreater of the initial increase in
assessed value of the structure above its base value resultinq from the
rehabilitation of the structure, as determined bv the real estate assessor. or an
amount eaual to fifty per cent (50%) porcent of the qualified aualifvinq costs of
rehabilitating the structure; provided, however, that the amount of the exemption
provided by this subsection shall not exceed the amount of the assessment of
the structure at any time after its rehabilitation. This exemption shall run with the
land for five (5) fifteen (15) years. No increase in assessment occurrina after the
first year of such rehabilitation exemption shall aualifv for an increase in such
exemption. In the event of a decrease in the property's assessed value after the
first year of any rehabilitation exemption, the exemption shall be based on the
difference in taxes computed on the base value and the decreased assessed
value of the property. For any rehabilitation project to qualify for this exemption,
the reh~bilitation project costs must amcllmt to at least twenty five (25) percent of
the struGture's assessed value immedbtely Wior to tho rehabilit:::ltion 'I.'ork. The
costs that may qualify in calculating the exemption include actual expenditures
associated with any exterior, structur:::ll, mech~nical or electric~1 improvements
necessary to rehabilitate a historically significant structure for commercial or
industrial use, including, but not limited to, costs associated with demolition,
c~rpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, fire
suppression systems, roofing and flashing, exterior repair, excavations, grading,
paving, drive'NaYs, roads, side'Nalks, landscaping or other land improvements,
cleaning and cleanup. The applicant shall submit to the real estate assessor
documentation of all aualifvinq costs incurred as a basis for the exemption, and
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shall execute an affidavit stating that all such costs were incurred as part of the
project.
(2) By August 15th of each year of the period of exemption from real estate taxes,
the real estate assessor shall notify the city treasurer of the exemption and the
amount to be credited to the property owner's tax bill.
(h) Exemotion for rehabilitated historicallv sianificant hotel or motel structures. The
exemption for rehabilitated historically siqnificant hotel or motel structures shall be calculated and applied
as set forth below:
(1) For rehabilitated historically siqnificant hotel or motel structures, the exemption
shall be in an amount equal to ninety per cent (90%) of the total assessed value
of the rehabilitated structure, not to exceed the increase in the assessed value
resultinq from the rehabilitation of the structure as determined by the real estate
assessor. The exemption shall commence upon completion of the rehabilitation,
renovation or replacement and shall run with the real estate for a period of
twenty-five (25) years. No increase in assessment occurrinq after the first year of
such rehabilitation exemption shall Qualify for an increase in such exemption. In
the event of a decrease in the property's assessed value after the first year of
any rehabilitation exemption. the exemption shall be based on the difference in
taxes computed on the base value and the decreased assessed value of the
property.
(2) By Auaust 15th of each year of the period of exemption from real estate taxes.
the real estate assessor shall notify the city treasurer of the exemption and the
amount to be credited to the property owner's tax bill.
~ ill Land book. Pursuant to Code of Virginia ~~ lii8.1 3220(C) and 58.1 3221(C), the The
commissioner of the revenue shall not list or display any exemption provided by this section as a reduced
value in the land book.
~ ill Ineligibility for exemption or tax credit: termination of oXel'Rf9tioR same. Improvements
made upon vacant land, demolition or total replacements of historically significant structures, and
rehabilitation efforts that the historical review board plannina director has determined, in writing, will
diminish the historical significance of a structure shall not be eligible for the partial exemption from real
estate taxation or tax credit provided by this section. ~ Failure to comply with any provision of this
section, or the making of false statements in the course of applying for the exemption or tax credit
provided by this section, shall constitute grounds for denial of the exemption or tax credit. Changes to a
structure that, after a rehabilitation project has been completed and an exemption or tax credit granted,
cause it to be deleted removed from the Virginia Beach Historical Register, shall terminate the exemption
and tax credit provided by this section, effective July 1 of the next tax year.
COMMENT
The proposed amendments are intended to encourage the preservation of historically significant
structures in the City by streamlining the existing process for seeking a partial real estate tax exemption for
rehabilitation of historically significant structures and by increasing the opportunities for obtaining such
exemptions
The proposed amendments are described as follows:
Subsection (a):
. A reference to a local real estate tax credit is added. The substantive provisions
regarding the tax credit are set forth in Subsection (t).
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Subsection (b):
. The term "rehabilitation" is redefined so as to eliminate the need to restore an existing
structure to its former state. The new definition recognizes that the rehabilitation of historic
structures allows them to be brought up to date for contemporary use while at the same time
preserving their historic, architectural and cultural values.
. The definition of "historically significant" structures is expanded to include properties that
are eligible, and have applied, for inclusion on the City's Historical Register at the time of
rehabilitation.
. Adds a definition of "qualifying costs" (i.e., costs of rehabilitation that are eligible to be used
as the basis for the real estate tax exemption). The qualifying costs generally are the same
as, but not identical to, those allowed under state and federal historic preservation tax credit
programs.
. Historically significant hotels and motels are added to the list of structures eligible for the
historic preservation tax exemption, and a further reference to the tax credit provisions are
added.
Subsection (c):
. Conforming amendments are made (replacement of Historic Review Board as reviewing
entity) in light of amendments to Subsection (d)
Subsection (d):
. The Historic Review Board is replaced as the entity that reviews applications for
exemptions. The Director of Planning or his designee will perform that function.
. The review time for applications is reduced from 60 days to 30 days,
Subsection (e):
. The amendments conform the provisions of the subsection to those of Subsection (d).
Subsection (1):
. In subdivision (1), language is added to allow for an alternative exemption equal to 50% of
the qualifying cost of rehabilitation of historically significant residential structures. This
exemption would apply if that amount is greater than the exemption currently in the
ordinance (an amount equal to the increase in the assessed value of the structure as a result
of the rehabilitation). In addition, the amendments delete the requirement that the assessed
value of a structure must be increased by at least 20% as a result of the rehabilitation. The
amendments also require a property owner seeking the exemption to document the
qualifying costs of rehabilitation.
. In subdivision (2), a new provision has been added. The provisions allows, in addition to the
tax exemption, a tax credit against the real estate tax for property owners who bought and
rehabilitated a historically significant residential structure that was subject to local real
estate tax liens exceeding 50% at the time of purchase. The tax credit may not exceed the
amount by which the local property tax liens exceeded fifty per cent (50%) of the assessed
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value of the property at the time of purchase, and may be allocated by the property owner
over a period of no longer than ten (10) years.
. In subdivision (3), a conforming amendment is made.
Subsection (g):
· In subdivision (1), a provision allowing an alternative exemption for historically significant
commercial or industrial structures is added. Currently, the exemption is equal to 50% of
the qualifying costs of rehabilitation. The alternative exemption is for an amount equal to
the increase in assessed value of the structure as a result of the rehabilitation. The greater
amount of the two alternatives would apply. In addition, the length of the exemption is
increased from five to fifteen years, and the requirement that the assessed value of a
structure must be increased by at least 25% in order to qualify for the exemption is deleted.
Subsection (h):
. The amendments establish a tax exemption for historically significant hotels and motels. The
exemption is in the amount equal to the greater of (90%) of the total assessed value of the
rehabilitated structure, not to exceed the increase in the assessed value resulting from the
rehabilitation of the structure
Subsection (i):
. Only technical amendments of no substantive effect are made.
Subsection U):
. Only conforming amendments are made.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 13th day of May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~
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;2?~ ~
City Attorney's Office
Management Services
1 A RESOLUTION CONCERNING THE CITY'S FY
2 2008-09 ACTUARIAL PAYMENT IN ACCORDANCE
3 WITH THE GASB45 GUIDELINES AND THE FUND
4 BALANCE OF THE CITY AND SCHOOL HEALTH
5 INSURANCE INTERNAL SERVICE FUND
6
7 WHEREAS, the City of Virginia Beach desires to fund its long term health
8 insurance commitment to retires pursuant to Government Accounting Standards Board
9 Circular 45 ("GASB45");
10
11 WHEREAS, for FY 2008-09, the actuarially required contribution for the City to
12 meet the GASB45 guidelines is $5 million;
13
14 WHEREAS, it is financially prudent to have a fund balance policy for the Health
15 Insurance Special Revenue whereby the fund shall retain a balance of an amount equal
16 to one month's of health care expenses based on the previous year's actual cost.
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 1. That the FY 2008-09 GASB45 actuarially required payment of $5 million
22 shall be funded with $4 million from the General Fund and $1 million from the City and
23 School Health Insurance Internal Service Fund.
24
25 2. That the City and School Health Insurance Internal Service Fund shall
26 retain a balance in the fund equal to one month's health care expense, based upon the
27 previous year's actual cost.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of
30 May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~-/ / ff //l /j
/ ~~Y-JJ~
DepartmEtht of Management Services
;;e~ ~
City Attorney's Office
CA 10700 R-2 May 8, 2008
1 A RESOLUTION AUTHORIZING CHANGES TO THE
2 HEALTH CARE COVERAGE AVAILABLE TO ACTIVE
3 AND RETIRED EMPLOYEES FOR PLAN YEAR 2009
4
5 WHEREAS, under current policy, the City provides access to health insurance
6 coverage to its employees and retirees who retire under the Virginia Retirement System
7 (VRS).
8
9 WHEREAS, current employees and retirees who retire with 25 years or more of
10 service with the City and/or Virginia Beach School System and employees who retire on
11 a work-related disability compensable under the Worker's Compensation Act are eligible
12 to receive the City's annual contribution for health care coverage.
13
14 WHEREAS, the City's contribution amount is subject to annual appropriations,
15 in conjunction with the Operating Budget, and for FY09, the budgeted contribution is set
16 at $5,400 per member.
17
18 WHEREAS, after careful review by staff and the City Council of the value of
19 retaining the self-insured health care plan versus moving to a fully insured health care
20 plan, the City Council supports remaining self-insured, given its current savings, but City
21 Council directs staff to monitor this savings in conjunction with future reauthorizations of
22 the health insurance contract and to notify City Council if the status changes.
23
24 WHEREAS, it is the desire of City Council that all current employees and
25 retirees shall contribute to the cost of providing health care coverage, and no tier or plan
26 shall be provided free of charge, as recommended by both the City and School
27 employee taskforces that provided input regarding the health insurance plan, which for
28 the 2009 plan year, will require single subscribers in the HMO plan to pay a premium of
29 $10 per month.
30
31 WHEREAS, it is Council's intent that the employee and retiree contribution shall
32 be based on the experience of the plan, the city's annual contribution amount, and the
33 remaining premium cost.
34
35 WHEREAS, Council also desires that a deductible on all plans be established
36 in order to assist in controlling long term costs by engaging employees in long term
37 consumer based decisions, and for the 2009 plan year, staff recommends a deductible
38 of $100 per individual and $200 per family within the HMO plan, subject to the maximum
39 out-of-pocket expense for an individual of $1 ,500 and of $3,000 for a family.
40
41 WHEREAS, City Council supports the consolidated health insurance plan with
42 City and School employees and retirees and feels that both groups should be treated
43 the same, which means that all rates and tiers should be the same for City and School
44 employees and City and School retirees.
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,,,
WHEREAS, in 2008, it was suggested that the City and Schools begin
eliminating the implicit subsidy to retiree health care and phase this elimination in over
10 years.
WHEREAS, the School System adopted this recommendation, while the City
chose not to take this step, and because of the change, the School System realized a
greater reduction in their GASB 45 actuarial liability.
WHEREAS, aligning the City's retiree rates with those of Schools should
provide a similar impact on the City's GASB45 actuarial liability and its annual required
, payment.
WHEREAS, for the 2008 health care plan, School retirees who are single
subscribers are paying $39.50 per month for the POS plan and $33.33 per month for
the HMO plan, but City retirees in the HMO have not seen an increase in their premium
since 2006.
WHEREAS, Schools pays for a VRS "health care credit" equal to the single
subscriber monthly premium for certain school retirees as reimbursement for the
monthly cost of health care insurance.
WHEREAS, employees of constitutional offices, employees of the general
registrar and employees of the local social services department are eligible for this
health care credit paid for by the State, and at the City's discretion, all City employees
could be included in this program, although it would increase the City's VRS costs.
WHEREAS, the City Council supports the creation of a high deductible health
care plan with a health saving account and would like to begin offering such a plan to
employees beginning with plan year 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City employees who retire (or have retired) before age 65 with at
least 25 years of service with the City, Virginia Beach City Public Schools, and/or a
state agency whose employees are covered by the City's healthcare plan, as well as
those who retire on a work-related disability compensable under the Workers
Compensation Act before age 65 with at least 5 years of service with any combination
of the above-listed employers, shall receive the same coverage, including spousal and
dependent coverage, that is provided to City employees, until they reach age 65.
2. That City Council supports retaining the self-insured health care plan.
3. That it shall be the policy of the City Council that all current employees
and retirees shall contribute to the cost of their health care coverage, and no tier shall
92 be provided free of charge. The employee and retiree contribution shall be set by the
93 City Manager based on the experience of the plan, the City's annual contribution
94 amount, and the remaining premium cost.
95
96 4. That City Council authorizes the City Manager to establish a deductible for
97 all health care plans in order to assist in controlling long term costs by engaging
98 employees in consumer based decisions.
99
100 5. That beginning in plan year 2010, the City shall offer to its employees a
101 high deductible health plan with a health savings account.
102
103 6. That City Council supports the current consolidated health insurance plan
104 with City and School employees and retirees and directs the City Manager to work with
105 the Superintendent of Schools and the Consolidated Benefits Executive Committee to
106 set rates for City employees at the same amount as School employees, and to set rates
107 for City retirees at the same amount as School retirees.
108
109 7. That staff is directed to provide for an actuarial evaluation of retiree health
110 care costs annually.
111
112 8. That this resolution shall supersede the health care resolution adopted by
113 the City Council on December 15, 1992.
114
115 Adopted by the Council of the City of Virginia Beach, Virginia on the 13th day of
116 May, 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2008-09 Capital Improvement Program and Related Ordinances
MEETING DATE: May 13, 2008
. Background: On March 25, 2008, the City of Virginia Beach FY 2008-09 and
FY 2009-10 Resource Management Plan, which includes the Operating Budget and
Capital Improvement Program, was prepared in accordance with section 2-186.1 of the
City Code. City Council workshops were held on April 8th, 15th, 22nd, 29th and May 6th to
provide information to the City Council. On April 17th and 22nd and May 13th, public
hearings were held to provide the public the opportunity to comment on the proposed
Resource Management Plan and real estate tax rate.
At the May 6, 2008 Reconciliation Workshop, City Council agreed to amend the Capital
Budget as follows:
· Establish a new project, CIP # 2-160, City Wide Street Lighting Improvements -
Phase" with funding from General Fund Pay-As-You-Go of $60,000 annually for
the 6-year period;
· Reduce CIP # 7-004, Storm Water Infrastructure Rehabilitation by $271,200
annually from FY 2008-09 through FY 2013-14 related to a reduction to the
Storm Water Utility Fund of VDOT Maintenance revenue;
· Reduce CIP # 7-152, Lake Management by $406,800 annually from FY 2008-09
through FY 2Q13-14 related to a reduction to the Storm Water Utility Fund of
VDOT Maintenance revenue;
· Reduce CIP # 8-005, Western Branch Lynnhaven River Maintenance Dredging
by $299,000 in FY 2008-09 and CIP # 8-110, Eastern Branch Lynnhaven River
Dredging by $299,000 annually from FY 2009-10 through FY 2013-14;
· Adjust the Schools and Roadways CIP based on changes in State funding that
restored Lottery Proceeds and School Construction funding, but reduced VDOT
funding; and
· Based on inclusion in the State budget of the Virginia Beach Lifelong Learning
Center project, reallocate $160,000 in FY 2008-09 from CIP # 3-262, TCC
Expansion/Operation Smile Headquarters to CIP #3-175, Virginia Beach Lifelong
Learning Center (Partial) to more accurately reflect the proportion of each
project's appropriate share of the costs.
The proposed ordinances were updated to reflect City Council's direction at the May 6,
2008 Reconciliation Workshop.
. Considerations: The following ordinances are provided for the Council's
consideration and approval to implement the FY 2008-09 Capital Improvement
Program. Unless otherwise noted, approval requires an affirmative vote by a majority of
the members of City Council.
1. An Ordinance to Adopt the FY 2009/FY 2014 Capital Improvement Program
and to Appropriate $221,504,384 for the FY 2009 Capital Budget Subject to
Funds being Provided from Various Sources Set Forth Herein
2. An Ordinance Authorizing the Issuance of General Obligation Public
Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum
Amount of $68,700,000 for Various Public Facilities and General
Improvements
3. An Ordinance Authorizing the Issuance of Storm Water Utility System
Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum
Amount of $6,000,000
4. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of
$13,000,000
. Public Information: Information will be disseminated to the public through the
normal Council agenda process involving the advertisement of the City Council agenda
and public hearings, pursuant to local and State code requirements.
. Recommendations: It is recommended that the attached ordinances
implementing the FY 2008-09 Capital Improvement Program be approved.
. Attachments: FY 2008-09 Capital Improvement Program ordinances
Recommended Action: Approval of Ordinances ~.
/' t.~
Submitting Department/Agency: Department of Management Service~
City Manage . I, ~ lO7J
K--, \jV' f,
1 AN ORDINANCE TO ADOPT THE FY 2009/FY 2014 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE
3 $221,504,384 FOR THE FY 2009 CAPITAL BUDGET SUBJECT
4 TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES SET
5 FORTH HEREIN
6 WHEREAS, the City Manager, on March 25, 2008, presented to City Council the Capital Improvement
7 Program for fiscal years 2009 through 2014;
8
9 WHEREAS, City Council held public hearings on the program to provide for public comment;
'0
, 1 WHEREAS, based on pUblic comment, City Council has determined the need for certain projects in the
.2 Capital Improvement Program; and
'3
, 4 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the
, 5 2009 fiscal year, as set forth in said Capital Improvement Program.
6
~ 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
18 VIRGINIA:
19
;W Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to,
21 capital facilities identified for fiscal years 2009 through 2014 is hereby adopted, and the projects listed therein
;'2 are hereby approved as capital projects.
::'3
24 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council,
/5 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or
?6 rescheduled in any manner at any time by City Council.
1.7
>'8 Section 3. That funds in the amounts aggregating $221 ,504,384 for capital projects in the Capital Budget
~9 for the 2009 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project
)Q and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in
:11 "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
:12
:13 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the
14 Capital Budget for the 2009 fiscal year as set forth in said Capital Improvement Program are attached to this
~5 ordinance as "Attachment B - Financing Sources."
16
17 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance
38 with said Capital Improvement Program and reallocated as identified in "Attachment C - Transfers," a copy of
39 which is attached hereto.
10
.~ 1 Section 6. That additional appropriations, the addition of capital projects, and changes in project scope
+2 shall not be initiated except with the consent and approval of the City Council first being obtained, and an
'+3 appropriation for a project in the Capital Improvement Program shall continue in force until the purpose for
14 which it was made has been accomplished or abandoned.
15
46 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of school
47 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work
48 on the contract.
49
50 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City
51 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
52 ' amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager
53 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City
54 Manager or the Director of Management Services is hereby authorized to establish and administer the
55 budgeting of capital projects consistent with best management practices, reporting requirements and the Capital
56 Improvement Program adopted by the City Council.
57
58 Section 9. That to ensure timely completion of water and sewer projects, appropriations for water and
59 sewer companion proiects may be transferred between these projects by the City Manaoer (or desionee).
60 "Companion projects" mean water and sewer projects havino the same name or proiect scope and description
61 with the exception of "water" or "sewer" beino in the title and/or project scope and description.
62
63 Section 9 10. That the City Manager or the Director of Management Services is hereby authorized to
64 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for the
65 various capital projects included in this or previous ordinance~ to reflect effective utilization of the financing
66 sources and actual collections and/or realized revenues. If the financing sources in support of capital projects
67 decline, the City Manager or the Director of Management Services is authorized to reduce, subject to any
68 applicable restriction of law or of any bonds or bond issue, those appropriations to equal the changed financing
69 source. The City Manager must give prior notice to the City Council of any reductions to total appropriations
70 exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation
71 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner
72 where the total of financing sources is equal to the total appropriations for each of the City's capital projects
73 funds.
74 Section 11. That the fundino sources for the followino capital improvement projects should be amended.
75 (a) That the fundino source for an appropriation of $9.851.250 to CIP #9-018. "Convention Center
76 Replacement." is hereby chanoed from contribution from the State to fund balance of the Major Projects Fund.
77
78 (b) That the fundino source for an appropriation of $700,000 to CIP #6-1 03. "Lake Ridoe Interceptor Force
79 Main," is hereby chanoed from contribution from HRSD to retained earninos of the Water and Sewer Utility
80 Fund.
81 (c) That the fundino source for an appropriation of $81.141 to CIP #4-972. "Red Wino Golf Course
82 Renovation and Expansion (Partial)." is hereby chanoed from transfer from the Golf Course Special Revenue
83 Fund to fund balance from the Golf Course Special Revenue Fund.
84
85 Section 40 12. That the Capital Improvement Program debt management poliCies contained and
86 included in the Resource Management Plan Executive aur:nm31)' document shall be the pOlicy guidelines of
87 the City, and the City Manager shall annually report on the status of those guidelines and the projected impact
88 of the proposed Capital Improvement Program on those guidelines, such information to be included in the
89 Resource Management Plan submittal. The City Manager may propose modifications to those policies and
90 guidelines through the Resource Management Plan.
91
92 Section # 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition
93 of real property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
94
95 Section 42 14. That violation of this ordinance shall result in the City Manager taking disciplinary action
96 against the person or persons responsible for the capital project in which the violation occurred.
97
98 Section 43 15. That if any portion of this ordinance is for any reason declared to be unconstitutional or
99 invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
100
101 Section 44 16. That this ordinance shall be in effect from the date of its adoption; however,
102 appropriations for the FY 2009 Capital Budget shall be effective on July 1, 2008.
103
104 Adopted by the City Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008.
105
106 Adoption requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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Managemen Services
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City Attorney's Office
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2008-09
9.060
9.081
9,082
9.083
9.141
3,021
3.054
3,104
3.133
3,365
3,371
3.043
3,085
3.086
3,094
3,096
3.281
2,018
2,021
2,031
2.039
2,048
2.052
2,071
Economic Vitality
Oceana & Interfacility Traffic Area Conformity & Acquisition
Strategic Growth Area Program
Oceanfront Garages Capital Maintenance
Town Center Garage and Plaza Capital Maintenance
Economic Development Investment Program (On-Going)
Total Economic and Tourism Development Projects:
Total Economic Vitality Projects:
Safe Community
Fire and Rescue Station - Thalia
Animal Control & K-9 Unit Replacements
Fire Station 19, Stumpy Lake/Salem - Repairs
Fire Training Center Improvements - Phase III
Fire Facility Rehabilitation and Renewal - Phase II
Fire Apparatus - Phase II
Total Buildings Projects:
CIT - In-Vehicle Mapping
CIT - ERS - Automation of Emergency Medical Dispatch
CIT - EMS - Handheld Field Reporting (Partial)
CIT - Police - Telestaff T&M Module
CIT - Police - MDT Increased Functionality
CIT - Communication Infrastructure Replacement - Phase I
Total Communications and Information Technology Projects:
Total Safe Community Projects:
Quality Phvsical Environment
Major Intersection Improvements
Rural Road Improvements
Street Reconstruction
Computerized Traffic Signal System Upgrade/Rep!.
Princess Anne Rd.lKempsville Rd. Inter. Impr. (First Cities)
Traffic Signal Rehabilitation
Baker Road Extended
$15,000,000
3,000,000
1,250.000
1,118,110
2,163,855
$22,531,965
$22,531,965
$1,676,443
973,400
765,142
400,000
705,333
1.695,882
$6,216,200
$904,716
205,910
73,000
83,200
281,324
8,622,012
$10,170,162
$16,386,362
$750,000
100,000
150,000
2,355.000
3,532,107
100,000
200,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
1,1
Appropriations
FY 2008-09
2.072
2,083
2,089
2,107
2,129
2.143
2.160
2,161
2,168
2,263
2,268
2,300
2,305
2,502
2.931
3.144
3,359
3.366
3,367
3.368
5.086
5,087
5.089
5,092
5.162
5.167
5.302
5.303
5.403
5,501
5.602
5,604
5.708
5,805
Quality Phvsical Environment
First Colonial RdNa. Beach Blvd, Intersection Imp,
Diamond Springs Road Bridge Replacement
Southeastern Parkway & Greenbelt (Partial)
Seaboard Road
Pavement Maintenance Program Phase II
Laskin Road Gateway - Phase I-A
City Wide Street Lighting Improvements - Phase II
Traffic Signal Retiming
Lesner Bridge Replacement (Partial)
Major Bridge Rehabilitation
Wetlands Mitigation Banking
Traffic Safety Improvements - Phase III
Princess Anne Road- Phase IV (VDOT)
West Neck Road Interim Safety Improvements
Witchduck Road - Phase I ( First Cities Project)
Municipal Center Parking - Courts
Building Modernizations, Renewals and Replacements (Partial)
Various Buildings HVAC Rehabilitation and Renewal- Phase II
Various Buildings Rehabilitation and Renewal - Phase II
Various Site Acquisitions
Comprehensive Water Master Planning - Phase V
Bayway Road Water Improvements - 51% Program
Various Roadway/Storm Water Coordination - Phase V
Landstown Yard Improvements - Phase III
Backflow Prevention and Cross Connection Control Program
Water Tank Upgrade Program - Phase III
Potable Wells Evaluation Program Phase II
Water Quality Program - Phase III
Service Order Automation Solution Design
Water Pumping Station and Tank Upgrade Program-Phase I
Princess Anne Rd/Kempsville Rd Intersection Improvements
Princess Anne Road Water Improvements - Phase VII
Resort Area Neighborhood Revitalization
Water System Aging Infrastructure Program - Phase I
Total Roadways Projects:
Total Buildings Projects:
1,708,616
465,000
735,743
3,500,166
8,160,500
5,400,000
60,000
599,800
7,124,406
660,000
50,000
1,200,000
4,837,295
615,939
3,737,000
$46,041,572
$325,000
100,000
1,695,334
3,128,588
2,000,000
$7,248,922
$200,000
205,000
200,000
460,000
75,000
750,000
250,000
100,000
100,000
50,000
70,000
850,000
250,000
250,000
Attachment A - Capital Budget Appropriations
Project Appropriations
Number Projects FY 2008-09
Qualitv Physical Environment
5,951 Water Tap Installation Program 180,000
5.952 Water Pump Station Flow Monitoring and Data Storage 210,000
5.967 Water Resources Investigation & Planning - Phase I 100,000
Total Water Utility Projects: $4,300,000
6.019 Resort Area Neighborhood Revitalization $600,000
6,027 Kenley Rd / Bonney Rd Sewer Improvements - 51% Program 80,000
6.065 Infiltration, Inflow, and Rehabilitation - Phase IV 4,191,417
6.066 Pump Station Modifications - Phase IV 3,700,000
6,085 Sanitary Sewer Aging Infrastructure Program - Phase II 500,000
6.089 Comprehensive Sewer Master Planning - Phase IV 200,000
6.106 Various Roadway/Storm Water Coordination - Phase V 100,000
6,138 Landstown Yard Improvements - Phase III 460,000
6,139 Bayway Road Sewer Improvements - 51% Program 175,000
6.403 Service Order Automation Solution Design 100,000
6.505 Princess Anne Plaza Rehabilitation - Phase II 1,358,583
6.506 Sanitary Sewer System Revitalization Program - Phase I 1,750,000
6.612 Pump Station Wet Well Revitalization 700,000
6.801 Various Sewer Infrastructure Maintenance Support - Phase II 50,000
6.804 Sanitary Sewer Regulatory Compliance Program - Phase I 3,800,000
6.951 Sewer Tap Installation Program 420,000
6,952 Sewer Pump Station Flow Monitoring and Data Storage 1,015,000
6.973 Sanitary Sewer Capacity Program - Phase I 1,500,000
Total Sewer Utility Projects: $20,700,000
7,004 Storm Water Infrastructure Rehabilitation $1,018,800
7,024 Southern Canal/Lead Ditch and Culvert Improvements 200,000
7,033 Rosemont Forest Drainage Improvements 6,000,000
7.035 Lawson Forest Drainage 360,000
7,063 Neighborhood Storm Water Infrastructure Improvements 481,769
7.067 Primary System Infrastructure Improvements 703,500
7,091 Residential Drainage Cost Participation Program 50,000
7,152 Lake Management 536,280
7,153 Lynnhaven Watershed Restoration 200,000
7,157 Lynnhaven River Environmental Restoration Study 74,000
7,183 Storm Water Quality Enhancements 1,094,198
7,902 North Beach Drainage 3,600,000
Total Storm Water Projects: $14,318,547
Project
Number
Attachment A . Capital Budget Appropriations
Projects
Appropriations
FY 2008-09
8.002
8.004
8,005
8,007
8.008
8.023
8,110
8,282
8,830
3,061
3,084
3.087
3,091
3.092
3,278
4,013
4.016
4,017
4,018
4.023
4,024
4,036
4,055
4,058
4,063
4,070
4.309
Quality Phvsical Environment
Beach Profile Monitoring Program (Partial)
Various Minor Dredging Projects
Western Branch Lynnhaven River Maintenance Dredging
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Sandbridge Beach Access Improvement & Sand Management
Eastern Branch Lynnhaven River Dredging
Sand bridge Beach Restoration
Rudee Inlet Federal Dredging
Total Coastal Projects:
CIT - Hansen Version 8 Upgrade
CIT - eGIS - Digitial Submission of Construction Plans
CfT - HNP - Field Automation Analysis
CIT - Planning - Addressing System Integration
CfT - Planning - Business System Integration Analysis
Total Communications and Information Technology Projects:
Total Quality Physical Environment Projects:
Cultural & Recreational Opportunities
Virginia Aquarium Renewal and Replacement - Phase II
Total Buildings Projects:
Community Rec Centers Repairs & Renovations - Phase II
Parks & Special Use Facilities Develop. & Reno. - Phase II
Golf Courses Equipment & Infrastructure - Phase"
Greenways, Scenic Waterways & Natural Areas - Phase"
Neighborhood Parks Acquisition and Development - Phase"
Park Playground Renovations - Phase II
Tennis Court Renovations - Phase II
Open Space Park Development and Maintenance
Pacific Avenue Trail Extension
Athletic Fields Lighting & Renovations - Phase II
Open Space Program Site Acquisition - Phase II
Mount Trashmore District Park Renovations - Phase II
Total Parks and Recreation Projects:
$25,000
50,000
418,000
260,000
1,449,813
225,000
195,589
3,980,000
460,000
$7,063,402
$225,000
226,984
136,000
220,000
72,800
$880,784
$100,553,227
$119,526
$119,526
$4,979,489
918,658
200,000
150,000
150,000
480,000
300,000
1,900,000
355,843
200,000
508,000
250,000
$10,391,990
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2008-09
3,089
3,090
1.001
1,019
1.026
1.078
1,085
1.099
1.103
1,104
1,105
1,106
1,232
1.234
1.235
3.175
3.262
3,052
3.068
3.076
3,077
3.078
3.079
3,081
3,082
Cultural & Recreational Opportunities
CIT - P&R - Field Enabling HW for Hansen End Users
CIT - P&R - ClassllnSite Interface
Total Communications and Information Technology Projects:
Total Cultural & Recreational Opportunities Projects:
Quality Education and LifelonQ LearninQ
Renovations and Replacements - Energy Management
Great Neck Middle School Replacement
College Park Elementary School Replacement
Pupil Transportation Services Maintenance Facility
Renaissance Academy
Renovations and Replacements - Grounds - Phase II
Renovations and Replacements - HV AC Systems - Phase II
Renovations and Replacements - Reroofing - Phase II
Renovations and Replacements - Various - Phase II
Kellam High School
Tennis Court Renovations
Virginia Beach Middle School Replacement
Windsor Oaks Elementary School Replacement
Total Schools Projects:
Virginia Beach Lifelong Learning Center (Partial)
TCC Expansion/Operation Smile Headquarters
Total Buildings Projects:
Total Quality Education and Lifelong Learning Projects:
Quality OrQanization
CIT- IT Service Continuity
CIT - IT Network Infrastructure Replacement - Phase II
CIT - Conversion to Virtualization Analysis
CIT - Data Center Sustainability and Risk Reduction
CIT - GIS Web Infrastructure Upgrade
CIT - City-wide Municipal Wide Area Network Phase II
CIT - HRlPayroll System - Payroll Lag and Work Week Change
CIT - IPv6 Analysis
$260,821
69,760
$330,581
$10,842,097
$800,000
15,500,000
1,750,000
4,000,000
11,525,000
750,000
3,500,000
2,500,000
1,000,000
6,712,537
250,000
1,500,000
10,051,379
$59,838,916
$2,740,367
690,000
$3,430,367
$63,269,283
$314,000
564,803
60,000
250,000
150,000
700,000
275,000
50,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2008-09
3.083
3,088
3.119
3.124
3,209
3.280
3.340
Quality Oraanization
crT - System Center Configuration Management
CIT - 000 - Collaborative Learning
CIT - Cable Access Infrastructure Replacement
CIT - COPS Interoperable Communications Tech Grant - Ph "
C1T - Enterprise Electronic Records Management System
CIT - City Human Resources/Payroll System
CIT - Telecommunications Replacement
Total Communications and Information Technology Projects:
Total Quality Organization Projects:
Total Capital Budget:
150,000
412,000
660,647
2,510,000
1,000,000
575,000
250,000
$7,921,450
$7,921,450
$221,504,384
Financing Sources
Development Proffers
Federal Contribution
Franchise Fees
Fund Balance - E-911 Fund
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Interest Income - Schools Capital Projects
Other Localities
Retained Earnings - Parking
Retained Earnings - Storm Water
Retained Earnings - Town Center SSD
Retained Earnings - Water and Sewer
State Contribution
Storm Water Utility Bonds
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Attachment B - Financing Sources
Total Financing Sources:
Capital Budget
FY 2008-09
$8,000
1,860,000
313,000
6,487,139
13,884,232
9,108,011
56,345,815
64,489,005
2,500,000
650,000
1,250,000
118,315
1,118,110
5,000,000
24,172,525
6,000,000
8,200,232
13,000,000
7,000,000
$221,504,384
Projects
Attachment C - Transfers
Safe Community
Communications and Information TechnoloQY
Transfer To:
3,3281 CIT - Communication Infrastructure Replacement - Phase I (Revenue
Reduction - Lease Purchase)
Transfer From:
3.3281
Roadway Proiects
Transfer To:
2.018
2.025
2.039
2.048
2.073
2.117
2.152
2.165
2.256
2.931
Transfer From:
2.007
2.018
2.025
2.039
2.048
2.072
2.073
2,075
2.107
2.118
2.165
2.200
2,257
Total Transfer To:
CIT - Communication Infrastructure Replacement - Phase I (Lease Purchase)
Total Transfer From:
Quality Phvsical Environment
Major Intersection Improvements (Fund Balance - General Fund 2008)
Witchduck Road - Phase II (Partial) (First Cities Project) (Includes Revenue
Reduction from State Contribution 2004 and 2005 $26,000)
Computerized Traffic Signal System Upgrade/Rep!. (Partial) (Revenue
Reduction)
Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) (Includes Revenue
Reduction from State Contribution 2005, 2006, 2007, and 2008 $6,332,105)
Buckner Boulevard Extended
Shore Drive Corridor Improvements - Phase III
Elbow Road Extended - Phase II (First Cities Project) (2008 State Contribution)
Laskin Road - Phase II (First Cities Project) (Includes Revenue Reduction from
State Contribution 2002,2003,2004,2005 $1,026,000)
Indian River Rd - Phase VII (First Cities Project) (2008 State Contribution)
Witchduck Road - Phase I ( First Cities Project) (Includes Revenue Reduction
from State Contribution 2008 $536,213)
Total Transfer To:
Shipp's Comer Road Bridge Replacement
Major Intersection Improvements (Charter Bonds)
Witchduck Road - Phase II (Partial) (First Cities Project) (2004 and 2005 State
Contribution
Computerized Traffic Signal System Upgrade/Rep!. (Partial) (2007 State
Contribution)
Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) (2005, 2006,2007,
and 2008 State Contribution)
First Colonial RdNa. Beach Blvd. Intersection Imp.
Buckner Boulevard Extended
Salem Road - Phase II
Seaboard Road
Shore Drive Corridor Improvements - Phase IV
Laskin Road - Phase II (First Cities Project) (2001, 2002, 2003,2004, and 2005
State Contribution)
Shore Drive Demonstration Project - Phases II & III
Lynnhaven ParkwayNolvo Parkway (VDOT)
Appropriations
Prior to
FY 2008-2009
$5,125,620
$5,125,620
$5,125,620
$5,125,620
$300,000
2,052,000
2,355,000
13,706,014
1,331,002
450,000
638,795
3,026,000
4,107,180
536,213
$28,502,204
$290,622
2,400,000
26,000
2,355,000
11,078,080
2,662,338
1,231,812
80,444
1,353,166
250,000
3,026,000
500,000
476,238
Projects
2.833
2.930
2.931
Attachment C - Transfers
First Colonial Rd.- Ph III & Oceana Blvd. (VDOT)
Salem Road (VDOT)
Witchduck Road - Phase I (2008 State Contribution)
Total Transfer From:
Water and Sewer Utility Proiects
Transfer To:
5.083
5.084
5.164
5.207
5.404
5.600
6.065
6.066
6.089
6.148
6.169
6.506
6.804
Transfer From:
5.005
5.007
5.008
5.016
5.024
5.064
5.067
5.085
5.090
5.091
5.100
5.118
5.130
5.136
5.138
5.139
5.140
5.141
5.143
5.147
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
System Expansion Cost Participation Agreements - Phase II
IVRlCTI, Bill Print, and Automated Payment Solution Design
Laskin Road Water Improvements - Phase I (VDOT)
Computerized Mapping & Infrastructure Management - Phase II
29th Street Water Tank Replacement
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Comprehensive Sewer Master Planning - Phase IV
System Expansion Cost Participation Agreements - Phase II
IVRlCTI, Bill Print, and Automated Payment Solution Design
Sanitary Sewer System Revitalization Program - Phase I
Sanitary Sewer Regulatory Compliance Program - Phase I
Total Transfer To:
North London Bridge Rd. Water Improvements (VDOT)
Customer Information System Replacement
Birdneck Road Water Improvements - Phase II (VDOT)
System Expansion Cost Participation Agreements
Holland Road - Phase VI Water Improvements (VDOT)
Columbus Street Pump Station Modifications
Courthouse and Sandbridge Tank Modifications
Lynnhaven Pump Station Modifications - Phase II
Lynnhaven Parkway - Phase XI Water Improvements (VDOT)
Water Request & Agreements (51% Program) - Phase V
Sierra Drive Water Improvements
Computerized Mapping and Infrastructure Management Systems
Lynnhaven Pkwy Extended Water Improvements (VDOT)
Water Quality Program - Phase II
Comprehensive Water Master Planning - Phase IV
Small Line Improvements - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Water Request and Agreements Phase IV - 51 % Program
Fire Hydrant Program
Providence Road Water Improvements
Appropriations
Prior to
FY 2008-2009
160,067
50,224
2,562,213
$28,502,204
$600,000
406,715
8,510
631,845
347,495
2,275,041
2,308,583
2,300,000
400,000
75,000
24,260
1,250,000
572,452
$11,199,901
$38,345
8,510
188,512
406,715
60,000
110,000
75,091
626,850
44,802
110,000
10,248
347,495
110,927
106,047
28,671
55,865
5,432
106,262
171,431
100,000
Attachment C - Transfers
Projects
5.148
5.154
5,167
5.202
5.708
5.944
5.964
6.012
6.033
6,034
6.035
6.038
6.046
6.051
6.057
6.063
6.067
6.068
6.069
6,072
6.075
6.079
6.080
6.081
6.082
6.084
6.102
6.103
6.146
6.149
6.502
6.710
6.937
6.971
Elbow Road Extended Water Improvements-Phases I & II(VDOT)
Public Utilities Building - Study
Water Tank Upgrade Program - Phase III
Laskin Rd-Phase II & Gateway Water Improvements (VDOT)
Resort Area Neighborhood Revitalization
Princess Anne Road Water Improvements Phase IV (VDOT)
Water Resources - Lake Gaston
Customer Information System Replacement
Infiltration, Inflow, and Rehabilitation-Phase III
Pump Station Modifications - Phase III
Various Roadway/Stormwater Coordination - Phase III
Sewer SCADA System Upgrade
Computerized Mapping and Infrastructure Management Systems
Indian River Rd. Sewer Improvements - Phase VII (VDOT)
Holland Road - Phase VI Sewer Improvements (VDOT)
Central Business District System Upgrade
Various Roadway/Storm Water Coordination - Phase IV
Sewer Requests and Agreements - Phase IV (51% Program)
Birdneck Road Sewer Improvements - Phase II (VDOT)
Bow Creek Neighborhood Park Sewer Improvements
Laskin Road Sewer Improvements - Phase I (VDOT)
Public Utilities Building - Study
West Neck Pkwy FM - Lake Ridge IFM Interconnect
Laskin Road Phase II & Gateway Improvements
System Expansion Cost Participation Agreements - Phase I
Maxey Manor Sewer Improvements - 51 % Program
Princess Anne Commons Sewer Improvements
Lake Ridge Interceptor Force Main
Sewer Requests & Agreements - Phase V (51% Program)
Princess Anne Sewer Force Main Phase IV (VDOT)
Private Sanitary Sewer Pump Station Abandonment Program
19th Street Corridor Sewer Improvements
Aragona Rehabilitation
North London Bridge Road Sewer Improvements
Total Transfers From:
Storm Water Proiects
Transfer To:
7.005
7.035
7.067
7.902
North Lake Holly Watershed
Lawson Forest Drainage
Primary System Infrastructure Improvements
North Beach Drainage
Appropriations
Prior to
FY 2008-2009
255,337
75,000
1,275,041
607,047
748,364
92,855
734,135
24,260
14,781
7,185
30,616
1,170
332,271
5,283
100,000
6,101
216,802
364,067
724,069
10,663
159,970
75,000
86,743
839,581
427,350
439
53
92,016
100,000
12,248
150,000
750,000
124,791
45,460
$11,199,901
$1,000,000
270,000
396,500
700,000
Attachment C - Transfers
Appropriations
Prior to
Projects FY 2008-2009
Total Transfers To: $2,366,500
Transfer From:
7.063 North Lake Holly Watershed $270,000
7.091 Residential Drainage Cost Participation Program 200,000
7-152 Lake Management 1,896,500
Total Transfers From: $2,366,500
Coastal Proiects
Transfer To:
8.008 Beach Replenishment $800,000
Total Transfer To: $800,000
Transfer From:
8.830 Rudee Inlet Federal Dredging $800,000
Total Transfer From: $800,000
Cultural and Recreational Opportunities
Parks and Recreation Proiects
Transfer To:
Total Transfers To:
$6,954
$6,954
4.058
Pacific Avenue Trail Extension (Revenue Reduction)
Transfer From:
4.058
Pacific Avenue Trail Extension (Federal Revenue FY 2005-06)
Total Transfers From:
$6,954
$6,954
Various Business Areas
Transfer To:
3.008
Computer Aided Dispatch System (Transfer from General Fund FY 2007-08)
$1,002,161
3.061
CIT - Hansen V.8 Upgrade (Capital Lease Purchase)
447,210
3.200
CIT - Revenue Assessment and Collection System (Capital Lease Purchase)
2,446,720
3.370
CIT - Voting Machine Replacements (Transfers from General Fund FY 2005-06
and FY 2007-08)
1,137,313
3.371
Fire Apparatus - Phase II (Capital Lease Purchase)
1 ,824,663
3.446
CIT - Communication System Upgrade (Transfers from General Fund FY 2006-
07 and FY 2007-08 and Information Technology FY 2006-07- Retained
Earnings)
556,119
Projects
9.013
Transfer From:
3.008
3.061
3.200
3.370
3.371
3.446
9.013
Attachment C - Transfers
31st Street Development Site Acquisition (Transfers from General Fund FY
2004-05 and FY 2007-08)
Total Transfer To:
Computer Aided Dispatch System (Capital Lease Purchase)
CIT - Hansen V.8 Upgrade (Transfer from Information Technology FY
2006-07- Retained Earnings)
CIT - Revenue Assessment and Collection System (Transfers from General
Fund FY 2004-05, FY 2005-06, and FY 2007-08)
CIT - Voting Machine Replacements (Capital Lease Purchase)
Fire Apparatus - Phase II (Transfers from General Fund FY 2006-07 and FY
2007-08)
CIT - Communication System Upgrade (Capital Lease Purchase)
31st Street Development Site Acquisition (Capital Lease Purchase)
Total Transfer From:
Appropriations
Prior to
FY 2008-2009
2,023,000
$9,437,186
$1,002,161
447,210
2,446,720
1,137,313
1,824,663
556,119
2,023,000
$9,437,186
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
4 OF $68,700,000 FOR VARIOUS PUBLIC FACILITIES AND
5 GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7 general obligation public improvement bonds for various purposes in the maximum amount of $68,700,000, as
8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12 1. That it is hereby determined to be necessary and expedient for the City to construct and improve
13 various public facilities and make general improvements, all of which will promote the public welfare of the City and its
14 inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs
15 thereof through the borrowing of up to $68,700,000 and issuing the City's general obligation bonds therefor.
16
17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
18 to be issued general obligation public improvement bonds of the City in the maximum amount of $68,700,000, to
19 provide funds, together with other funds that may be available, for various public improvement projects, including
20 School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, for project activities
21 that include, but are not limited to, the following: preliminary studies and surveys, permit compliance, environmental
22 assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation, construction,
23 renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and support services,
24 furniture and equipment, and contingencies.
25
26 3. That the bonds may be issued as a separate issue at one time or in part from time to time or
27 combined with bonds authorized for other purposes and sold as part of one or more combined issues of public
28 improvement bonds.
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years
31 from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such
32 time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33
34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if
35 any, and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for
38 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
39 hereof through the date of the issuance of the Bonds.
40
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
42 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43
44 8. That this ordinance shall be in full force and effective from its passage.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT
/'
APPROVED AS TO LEGAL SUFFICIENCY
;:e~
City Attorney's Office
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AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM
WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
$6,000,000
4
e-
,)
WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm
water utility system revenue bonds in the maximum amount of $6,000,000 for financing improvements and expansions
to the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question
of their issuance to the qualified voters.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That it is hereby determined to be necessary and expedient for the City to continue its program of
improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the
borrowing of $6,000,000 and issuing the City's revenue bonds therefore.
2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
to be issued storm water utility system revenue bonds of the City in the maximum amount of $6,000,000 to provide
funds, together with other available funds, for financing the costs of improvements and expansions to the System.
3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years
from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such
time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be
limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived
by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The
bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including
the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and
collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of
the principal of and premium, if any, and interest on the bonds.
5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,
charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to
revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay
principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety
therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms
as are customary for the protection of the holders of storm water revenue obligations.
6. That the City Clerk is directed to make a copy of this ordinance continuously available for
inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
hereof through the date of the issuance of the bonds.
7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
8. That this ordinance shall be in full force and effect from its passage.
Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008,
Adoption requires the affirmative vote of a majority of al/ members of the City Council.
APPROVED AS TO CONTENT
!~
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Management ervices
APPROVED AS TO LEGAL SUFFICIENCY
;:::e~
City Attorney's Office
I AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
:2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $13,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the .City"), desires to authorize the issuance of water and
5 sewer system revenue bonds in the maximum amount of $13,000,000 for financing improvements and expansions to
6 the City's water and sewer system (the "System"), as permitted by the City Charter without submitting the question of
7 their issuance to the qualified voters.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
o
, 1 1. That it is hereby determined to be necessary and expedient for the City to continue its program of
, 2 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
, 3 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the
. 4 borrowing of $13,000,000 and issuing the City's revenue bonds therefore.
:5
16 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
17 issued water and sewer system revenue bonds of the City in the maximum amount of $13,000,000 to provide funds,
18 together with other available funds, for financing the costs of improvements and expansions to the System.
19
20 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
21 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or
22 times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
23
24 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
25 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the
26 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds
27 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
,~8 Commonwealth of Virginia or of any country, city, town, or other political subdivision of the Commonwealth, including
,~9 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
30 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
31 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and
32 collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment
33 of the principal of and premium, if any, and interest on the bonds.
34
35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance
36 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and
37 collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the
38 same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of
39 and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor.
40 Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are
.~ 1 customary for the protection of the holders of water and sewer revenue obligations,
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the
44 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the
45 date of the issuance of the bonds.
46
47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
48 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
49
50 8. That this ordinance shall be in full force and effect from its passage.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on this 13th day of May, 2008.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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City Attorney's Office
Management Services
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a short-term lease (4
months) with the Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation, for a 0.09-acre parcel of City-owned land located at
3rd Street and Atlantic Avenue
MEETING DATE: May 13, 2008
. Background: The Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation (the "Dolphin Run Condominiums") would like to
lease a 0.09-acre parcel of property from the City of Virginia Beach (the
"City") located at the corner of 3rd Street and Atlantic Avenue. The City
acquired the land in the Rudee Loop area for future development. Dolphin
Run Condominiums leased this small parcel of land from the previous
owners. When the City of Virginia Beach acquired this land, it was
understood that Dolphin Run Condominiums desired to continue leasing
the land until the City was ready to use it for future City projects. This
parcel will be used by the Dolphin Run Condominiums to augment
vehicular parking for guests staying at its establishment.
. Considerations: This lease would be for a term of four months, from May
15, 2008 to September 15, 2008. The City has a thirty-day (30) termination
clause in the event the City needs the land prior to the termination of the
lease.
. Public Information: Advertisement of Public Hearing in The Virginian-
Pilot
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change
conditions of the Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Ordinance
Summary of Terms
Location map
"....
Recommended Action: Approval ~ j
,.?-- /
Submitting Department/Agency: Management se~ Facilities Management Office
City Manager~ 'K... ,~~
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXEUTE A SHORT-TERM LEASE (4
MONTHS) WITH THE DOLPHIN RUN
CONDOMINIUM ASSOCIATION, INC., A VIRGINIA
NON-STOCK CORPORATION FOR A O.09-ACRE
PARCEL OF CITY-OWNED LAND LOCATED AT 3rd
STREET AND ATLANTIC AVENUE
WHEREAS, the City of Virginia Beach (the "City") is the owner of that
certain 0.09 acre parcel of land located at 3rd Street and Atlantic Avenue,
Virginia Beach, Virginia (the "Premises");
WHEREAS, the Dolphin Run Condominium Association, Inc. ("Dolphin
Run"), a Virginia non-stock corporation, has agreed to pay the City $4,320 for the
use of the Premises for a four-month period;
WHEREAS, Dolphin Run would like to enter into a formal lease
arrangement with the City for use of the Premises shown on Exhibit A;
WHEREAS, the Premises will be utilized as an overflow parking lot for the
registered guests of Dolphin Run, and for no other purpose;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of less than five years, between Dolphin Run and the City, for the Premises in
accordance with the Summary of Terms attached hereto as Exhibit B and such
other terms, conditions or modifications as may be acceptable to the City
Manager and in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day of
CA 10569
R-1
5/2/08
V:\applications\citylawprod\cycom32\Wpdocs\D002\P003\00055983.DOC
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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City Attorney
APPROVED AS TO CONTENT
~"77 /
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/Manage nt Service~
I I
Exhibit A
Dolphin Run Leased Premises (05/02/2008)
0.09 Acres at 3rd Street and
Atlantic Avenue
- Interstate
- Primary Roads
- Streets
Parcel
. Water Bodies
SCALE 1: 1.767
N
.... - ""'I I I
~oo ~ 100 200
FEET
I
300
A
1,1
EXHmIT B
SUMMARY OF TERMS
LEASE FOR THE USE OF 0.09-ACRE CITY-OWNED PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street
and Atlantic Avenue, known as GPIN: 2427-32-0138
TERM: May 15, 2008 through September 15, 2008
RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly
installments of $1,080.00.
RIGHTS AND RESPONSIBILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
· Will use the Premises for overflow parking for its guests and for no other purpose.
· Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
· Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
· Will maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
· Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
· Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
· Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
· Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours' notice in the discharge of the City's powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days'
written notice to Dolphin Run Condominium Association, Inc.
K. PLANNING
1. Application of CONNIE ONE, L.L.c., for an extension of time to August 21, 2008, to
satisfy conditions re the discontinuance. abandonment and closure of a portion of Connie
Lane (approved by City Council on May 22,2007).
DISTRICT 4 - BA YSIDE and DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
2. Application of ALCAR, L.L.C., re 132 single-family dwellings at Nimmo Parkway and
Rockingchair Lane:
DISTRICT 7 - PRINCESS ANNE
a. Variance to S4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO)
b. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural Districts
to Conditional R -7.5 Residential District
This Application (with a different site plan) was previously denied by
City Council on June 13, 2006
RECOMMENDATION
APPROVAL
3. Applications for Conditional Use Permits re Wildlife Rehabilitation:
a. JILL C. HARRIS at 1115 Little Neck Road
DISTRICT 5 - L YNNHA VEN
b. ELYSE HERRON at 2255 Wake Forest Street
DISTRICT 5 - L YNNHA VEN
c. DEBORAH C. HOOVER-POWERS at 3829 Amberley Forest Place
DISTRICT 3 - ROSE HALL
d. SUZANNE MCBRIDE at 5252 Pleasant Hall Court
DISTRICT 2 - KEMPSVILLE
e. DENISE N. THOMPSON at 1617 Jack Frost Road
DISTRICT 4 - BA YSIDE
RECOMMENDA nON
APPROVAL - ALL
4. Application of RICK IRVING for a Conditional Use Permit re a residential kennel at
1908 North Muddy Creek Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
APPROVAL
5. Application of LUXE SALON, L.L.C., for a Conditional Use Permit re a hair care center
(hair, skin and nails) at 2105 McComas Way.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of TODA Y'S HOMES, INC., for an Amendment of a P D-H Plan re the
Villages at West Neck (PD-H Plan approved by City Council on May 11, 1999; and,
Modifications approved by City Council on June 26, 2001 and November 23,2004).
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
7. Application of WELDEN FIELD OF VIRGINIA, L.L.C. for a Change of Zoning from 1-1
Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay re developing sixty-nine (69)
single-family dwellings and eighty-one (81) townhomes at Regent University Drive and Jake
Sears Road.
DISTRICT I - CENTERVILLE
DEFERRED
RECOMMENDATION
APRIL 22, 2008
INDEFINITE DEFERRAL
NOTICE OF PUBLIC
HEARING
1
~
Virginia Beach City Council will meet in the Chamber at ,i
City Hall, Municipal Center, 2401 Courthouse Drive,
Tuesday, May 13, 2008, at 6:00 p.m.
The following applications will be heard:
DISTRICT 1. CENTERVILLE
Weldenf>eld of Virginia. LLC, Application: Change of
Zoning District Classification from 1.1 Light Industrial,
R.5D Residential Duplex and 0-2 Office to Conditional
R.7.5 Residential with a Po..H2 Overlay at Regent.
University Drive and Jake Sears Road (GPINs
1455571149; part of 1455666408),
DISTRICT 7 . PRINCESS ANNE
ALCAR. LLC. Application; Variance to Section 5B of the
site Plan Ordinance. Floodplain Regulations at Nimmo '
Parkway and Rockingchair Lane (GPINs 2404573796; .
2404564943: 2404371633),
ALCAR. LLC, Application: Change of Zoning District
Classification from AG-l and AG-2 Agricultural to I
Conditional R.7.5 Residential at Nimmo Parkway and
Rockingchair Lane (GPINs 2404573796; 2404564943;
2404371633). The Comprehensive Plan designates this I
site as being within the Primary Residential Area.
suitable for appropriately located suburban residential
and non-residential uses consistent with the pOlicies of
the Comprehensive Plan. The purpose of this rezoning is I
to develop single-family dwellings, AICUZ is 65 . 70 d8 I
Ldn. !
Rick Irving Application: Conditional Use Permit for a'
residential kennel at 1908 North Muddy Creek Road
(GPIN 2412094394). .
Luxe Salon; LLC. Application: Conditional Use Permit
for a hair care center (hair. skin and nails) at 2105
McComas Way (GPIN -2414074346).
Today's Homes. Inc, Application: Amendment of a Po..H
Plan on Lots 6, 9, 14. 16-18, 20, 22.24, 26. 29, 30,
35-37, 39. 40. 48-90 and 92-114 as shown on plat
entitled "Subdivision of Village E. F. G, H and Golf
Course at West Neck, City of Virginia Beach, Virginia",
recorded March 13. 2002, in Map Book 303, Page 96.
and as Instrument No, 200504260060987. recorded
April 26, 2006. City of Virginia Beach. Virginia and
approved by City Council on May 11, 1999. June 26,
2001 and November 23. 2004 (Baymark Construction
and 8aymark Golf).
DISTRICT 2 . KEMPSVILLE
Suzanne McBride Application: Conditional Use Permit
for wildlife rehabilitation at 5252 Pleasant Hall Court
(GPIN 1466568715),
DISTRICT 3 . ROSE HALL
Deborah C, Hoover-Powers Application: Conditional Use
Permit for wildlife rehabilitation at 3829 Amberley Forest
Place (GPIN 1485175442),
DISTRICT 5 . L YNNHAVEN
Jill C, Harris Application: Conditional Use Permit for
wildlife rehabilitation at 1115 Little Neck Road (GPIN
1488656517),
Elyse Herron Application: Conditional Use Permit for'
wildlife rehabilitation at 2255 Wake Forest Street (GPIN
1590517271).
DISTRICT 4 - BAYSIDE
Oenise N. Thompson Application: Conditional Use
Permit for wildlife rehabilitation at 1617 Jack Frost Road
(GPIN 1469734937),
All interested citizens 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.vbli!ov.com/DC For information call
385-4621,
If you are physically disabled or visually Impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303.
Beacon April 27 & May 4, 2008
18627681
,
-40 -
Item V-L.8.
PLANNING
ITEM # 56468
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinances upon application of CONNIE ONE, LLC for the discontinuance. closure and
abandonment of an unimproved portion of Connie Lane and Conditional Change of Zoning:
Ordinance upon application of Connie One. L.L. C, a Virginia Liablity
Company, in the matter of closing, vacating and discontinuing a portion
of that certain street known as "Connie Lane - var. width r/w" as shown
on that certain plat entitled "exhibit plat proposed street closure of a
portion of Connie Lane Virginia Beach, Virginia" DISTRICT 4 -
BAYSIDE AND DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of said policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The resubdivision plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The applicant shall provide all the required easements requested by the City of Virginia
Beach Public Utilities Department.
4. The applicant shall verify that no private utilities exist within the right-aI-way proposedfor
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-aI-way proposed for closure. If private utilities do exist, the
applicant shall provide easements satisfactory to the utility companies.
5. The applicant shall provide access for the sing/e-family dwelling, known as 5448 Connie
Lane. located directly north of the proposed right-aI-way closure.
6. Closure of the right-ol-way shall be contingent upon compliance with the above stated
conditions within one (1) year of approval (May 21, 2008) by City Council. If all conditions
noted above are not in compliance and the final plat is not approved within one (1) year of
the City Council vote to close the street, this approval will be considered null and void.
AND,
May 22, 2007
I II II
- 41 -
Item V-L.8.
PLANNING
ITEM # 56468 (Continued)
ORDINANCE UPON APPLICATION OF CONNIE ONE, L.L.c. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5
RESIDENTIAL DISTRICT AND I-I LIGHT INDUSTRiAL DISTRICT TO
CONDITIONAL A-I2 Z0507128I
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of Connie One, L.L.C. for a Chanfle of
Zoninfl District Classification from R-7.5 Residential District and I-I
Light Industrial District to Conditional A-12 Apartment District on
property located on the north side of Connie Lane. approximately 124.18
feet east of Connie Way and on the south side of Connie Lane at its
intersection with Baker Road (GPINs 1468507212; 1468505086;
1468503176). DISTRICT 4 - BAYSIDE AND DISTRICT 2 -
KEMPSVILLE
The following condition shall be required:
I, An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court
and is hereby made a part of the record
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of May Two
Thousand Seven
Voting:
8-1 (By Consent)
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E, Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Obemdorf, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John E. Uhrin and James L. Wood
May 22, 2007
CONNIE ONE
Kempsville District
Relevant Information:
· Applicant requests closure of this portion of Connie Lane for the
purpose of developing a multi-family condo project.
· City Council approved this project on May 22, 2007, with a condition
that the closure be finalized by May 22, 2008. The applicant has not
met all the requirements for finalizing the closure; thus, an extension
of 90 days is requested to August 21, 2008.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (9-0)
· No opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance extending the date for satisfying conditions in the matter of
closing, vacating and discontinuing a portion of that certain street known as
"CONNIE LANE - VAR. WIDTH R/W" as shown on that certain plat entitled
"EXHIBIT PLAT PROPOSED STREET CLOSURE OF A PORTION OF CONNIE
LANE VIRGINIA BEACH, VIRGINIA". DISTRICT 4 - BAYSIDE AND DISTRICT 2-
KEMPSVILLE
MEETING DATE: May 13, 2008
. Background:
On May 22,2007, City Council approved the closure of a portion of Connie Lane
for its incorporation into a proposed multi-family dwelling project. The details
pertaining to the multi-family development project were submitted with a
Conditional Change of Zoning application that was also approved by City Council
on May 22,2007.
. Considerations:
There were four conditions to the approval of the street closure:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall
be determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of said
policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The resubdivision plat
shall be submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure. Preliminary comments from the utility companies indicate
that there are no private utilities within the right-of-way proposed for closure. If
private utilities do exist, the applicant shall provide easements satisfactory to the
utility companies.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within one (1) year of approval by City Council. If all
conditions noted above are not in compliance and the final plat is not approved
within one (1) year of the City Council vote to close the street, this approval will
be considered null and void.
Connie One, LLC
Page 2 of 2
The applicant has worked to satisfy the conditions but requires additional time to
complete satisfaction of conditions 2 and 4. Staff concludes that the request for
additional time is reasonable.
. Recommendations:
Allow an extension of 90 days for satisfaction of the conditions.
. Attachments:
Staff Review from 2006
Location Map
Disclosure Statement
Ordinance
Recommended Action: Staff recommends approval of ordinance granting a 90 day extension.
Submitting Department/Agency: Planning Department J~ II
CityManager: ~~ ICD8~ I\VV
I I I
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING CONDITIONS IN THE MATTER OF
3 CLOSING, VACATING AND DISCONTINUING A
4 PORTION OF THAT CERTAIN STREET KNOWN AS
5 "CONNIE LANE - VAR. WIDTH R1W" AS SHOWN
6 ON THAT CERTAIN PLAT ENTITLED "EXHIBIT
7 PLAT PROPOSED STREET CLOSURE OF A
8 PORTION OF CONNIE LANE VIRGINIA BEACH,
9 VIRGINIA"
10
11 WHEREAS, on May 22, 2007, the Council of the City of Virginia Beach
12 acted upon the application of Connie One, LLC, a Virginia limited liability company for
13 the closure of a portion of Connie Lane as shown on Exhibit "A";
14
15 WHEREAS, on May 22, 2007 the Council adopted an Ordinance to close
16 the aforesaid street, subject to certain conditions being met on or before May 21, 2008;
17 and
18
19 WHEREAS, on April 18, 2008, the applicant requested an extension of
20 time to satisfy the conditions attached to the aforesaid street closure.
21
22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
23 Virginia Beach, Virginia:
24
25 That the date for meeting conditions of closure as stated in the Ordinance
26 adopted on May 22, 2007, upon application of Connie One, LLC, a Virginia limited
27 liability company, is extended to August 21, 2008.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia, on this
30 day of , 2008.
31
32 GPIN: 1468-50-3176, 1468-50-4334, 1468-50-4484, 1468-50-5086, 1468-50-7212,
33 1467 -59-9982 and 1467-79-2977
34
35
36
CA-10575
V:\applicationslcitylawprodlcycom32IWpdocs\D029IPOO3\OOO55586,DOC
R-1
May 2, 2008
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
u~tAi} VVl1l1i6A/
City Attorney
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CONNIE ONE, LLC
Agenda Item 13
April 11, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Discontinuance. closure and abandonment of a
portion of Connie Lane.
ADDRESS I DESCRIPTION: Property beginning on the east side of Connie Way to the west side of Baker
Road.
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE and 4 - BA YSIDE
SITE SIZE:
33,541 square feet (0.77 acre)
SUMMARY OF REQUEST
The applicant requests the discontinuance, closure and
abandonment of a portion of Connie Lane for its incorporation into a proposed multi-family dwelling
project.
EXISTING LAND USE: Undeveloped right-of-way
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
LAND USE AND ZONING INFORMATION
. Vacant parcell R-7.5 Residential
. Automotive repair and junkyard / 1-1 Light Industrial
. Baker Road
. Connie Lane and Connie Way
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural features to speak of existing
on the site. A portion of the site is partially treed with underbrush, and
the balance of the site is currently being used as a bulk storage yard for
CONNIE ONE I Street Closure
Agenda Item 13
Page 1
the automobile repair facility.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN IMTP) I CAPITAL IMPROVEMENT PROGRAM ICIP): Baker
Road is a two-lane undivided minor arterial roadway that currently dead-ends just east of Connie Lane.
The Baker Road Extended roadway improvements project will extend Baker Road east to Witchduck
Road. The project is scheduled to be completed in the spring of 2007.
There is an existing house that fronts on and has a driveway from the piece of Connie Lane at Connie
Way that the applicant has applied to have vacated. The Applicant must include provisions in the right-
of-way closure application to provide this property access to a public roadway.
Associated with the above comment, the Applicant will be responsible for roadway modifications at the
Connie Lane and Connie Way intersection so that the current "T" intersection becomes a 90-degree
roadway bend if the right-of-way closure is approved by the City of Virginia Beach.
WATER: There is an 8-inch City water main on Connie Lane, and an existing 6-inch water main on Connie
Way, located within the proposed street closure, which will require dedication of a 30-foot wide public utility
easement centered over the waterline. In addition, an all-weather access will be required within the easement.
There shall be no encroachments (structures and parking permitted) within the easement.
SEWER: There is an 8-inch City sanitary sewer gravity main on Connie Way and existing 10-inch City sanitary
sewer gravity main on Connie Lane, continuing through a 35-foot wide public utility easement to Aylesbury
Drive.
PRIVATE UTILITIES: Preliminary comments from the utility companies indicate that there are no private
utilities within the right-of-way proposed for closure.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Evaluation:
The Viewers met and determined there will be no public inconvenience if the street is closed provided the
applicant records the necessary easements for the City of Virginia Beach Public Utilities Department.
CONNIE ONE / Street Closure
Agenda Item 13
Page 2
I I I
Staff concludes closure of the right-of-way, to be incorporated into the proposed multi-family project, is
acceptable with the conditions below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall provide all the required easements requested by the City of Virginia Beach Public
Utilities Department.
4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company must be provided.
5. The applicant shall provide access for the single-family dwelling directly north of the proposed right-of-
way closure.
6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considereq null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CONNIE ONE / Street Closure
Agenda Item 13
Page 3
AERIAL OF SITE LOCATION
CONNIE ONE I Street Closure
Agenda Item 13
Page 4
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SURVEY OF AREA TO BE CLOSED
CONNIE ONE I Street Closure
Agenda Item 13
Page 5
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1. 10/11/66 Rezoning (R-S 4 Residence Suburban to M-I 3 General Industrial) Approved
Conditional Use Permit (Bulk Storage / Contractor Storage Yard)
5/21/79 Denied
2. 9/22/92 Reconsideration of Conditions (Subdivision Variance) Approved
12/18/90 Subdivision Variance Aooroved
3. 9/28/99 Street Closure Approved
2/9/99 Rezoning (R-7.5 Residential to A-12 Apartment with a PD-H2 Planned Approved
Unit Overlay)
4. 1/26/99 Rezoning (R-7.5 Residential and A-12 Apartment to Conditional A-12 Approved
Apartment)
6/2/92 Conditional Use Permit (Recreational Facility) Denied
5. 5/8/01 Conditional Use Permit (Church) Denied
10/23/90 Conditional Use Permit (Church) Denied
ZONING HISTORY
CONNIE ONE I Street Closure
Agenda Item 13
Page 6
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CONNIE ONE I Street Closure
Agenda Item 13
Page 7
Item #13 & 14
Connie One, L.L.C.
Discontinuance, closure and abandonment of a portion of
Connie Lane beginning on the east side of Connie Way
To the west side of Baker Road
Change of Zoning District Classification
North side of Connie Lane, approximately 124.18 feet east of
Connie Way and on the south side of Connie Lane at its
Intersection with Baker Road
District 4/District 2
Bayside/Kempsville
April 11, 2006
REGULAR
Barry Knight: Mr. Secretary, the next item to be heard?
Joseph Strange: The next application is item 13 & 14, Connie One, L.L.C. An
application of Connie One, L.L.C. for the discontinuance, closure and abandonment of a
portion of Connie Lane beginning on the east side of Connie Way to the west side of
Baker Road, and an application of Connie One, L.L.C. for a Change of Zoning District
Classification from R-7.5 Residential District and I-I Light Industrial District to
Conditional A-12 Apartment District on property located on the north side of Connie
Lane, approximately 124.18 feet east of Connie Way and on the south side of Connie
Lane at its intersection with Baker Road, District 4, Bayside, District 2, Kempsville with
four proffers.
Barry Knight: We1come RJ.
R.J. Nutter: Thank you very much. Mr. Chairman, for the record, my name is R.J. Nutter
representing the applicant Connie One. Maybe I can speed things up for you in that this
was on your consent agenda earlier. It was pulled from consent because there was a
gentleman inside the adjacent neighborhood, Mr. Kirk Lee. But he is known as Mr. Kirk,
but he could not stay. We did meet with him, and I would relay the issues that he raised,
and at the end of the presentation to him he said he had no objection to the application.
But I did want to let you know a little bit about what his concerns were so you will
understand how he felt about his obligation. He had really two principal questions.
Could I go to the overall aerial? This is fine right here. Mr. Kirk lives right in this
property right here (pointing to PowerPoint). We had met with the civic league, in this
case the Newsome Farms Civic League on two occasions. Actually last summer and last
fall. We made the presentation on the application, and the neighborhood had endorsed
this plan that we presented to you. Since that time, a couple of months ago, the members
of the Newsome Farms Civic League had heard that a church may own this property, and
because the neighborhood had supported that church they wanted to make sure that this
somehow was not undermining the church's position. So, we got to them and told them
I I I I
that in fact that we actually purchased this property several years ago from the church.
The church was no longer involved, and so that the plan we presented to them was the
same plan that we were proposing today. He felt very comfortable with that position.
The second question he had was that he wanted to make sure that we were closing all of
Connie Lane. As you may know, staff recommended approval of that, but we went to the
civic league meeting, or the association of the civic leagues, who this parcel belongs, I
will tell you that the closure of that street is a much bigger significance to them then the
technical closure which we often treat these things. The neighborhood was very concern
that if Connie Lane, which the improvements end with this cul-de-sac, it is a paper street
down to Baker Road. Their concern was that if this street were ever constructed or
required by the ordinance that Connie Lane would be a through lane for people to avoid
Baker Road, and go to this portion of Baker Road and cut right through the neighborhood
and go through there. That was a huge concern to the residents. The reason why they
had supported the church is because the church was going to build a building that was
going to block that street, and they wanted to make sure that was going to continue to be
the case. So, they know now. This closure will take place from Connie Way all the way
down. We will not have access from this development onto Connie Lane, and while
we're closing all of this portion, we will actually be conveying one half of the street to
her. Actually it is being given to her, and in turn we will be building a new driveway so
that her driveway will come right in here. It is slightly modified. But the owners of this
property will be doing that in the course of their development so they were very, very
happy with that. So, I promised Mr. Kirk that I would relay those concerns to you and let
you readdress them. But otherwise, I think we come with staff recommendation and the
civic association is in favor, as well as the North West Beach Partnership, which is the
coalition that area. But, Mr. Knight, I will try to be brief, and end it right there.
Barry Knight: We appreciate it. Are there any questions for Mr. Nutter? Okay. Thank
you. Mr. Strange, just for the record, will you call the first speaker?
Joseph Strange: Speaking in opposition we have Gary Galumbeck.
Gary Galumbeck: I'm sorry. I beg your pardon.
Barry Knight: Welcome sir.
Gary Galumbeck: Good afternoon ladies and gentlemen. Thank you for hearing me. My
name is Gary Galumbeck. I represent Charter Lakes Condominium Association. We are
actually sandwiched between this proposed development and Baker Road.
Barry Knight: Would you use the pointer please sir?
Gary Galumbeck: This is actually our spot here.
Barry Knight: Okay.
Gary Galumbeck: Speaking for the association. A few years back when Baker Road
extension was opened with the new development east of us, there was an increase in
traffic, increase in noise, increase in crime. A lot of that came down Baker Road from the
Newpoint Community and the Lake Edwards community, which was represented here
earlier when we were discussing. Our concerns are not only about the noise and the
crime, and the traffic, but that the apartments are going to bring an unwanted element to
our little community. We're very concerned. There is a lot of affordable housing in the
area. There are vacancies in the apartments. There are condominiums and townhouses,
as well as single-family homes all around our community that are vacant, and currently
under construction. So, there is not a need for this community. Also, if you look, I
believe that is the copy of the survey, off of page 5. We feel that this portion right here
(pointing to PowerPoint) I believe to be exact is the southeast terminus of where Connie
Lane intersects with Baker Road is actually our property. And by looking at the plat,
there is a square portion that says, "is now or formerly owned by Providence
Development Corporation." There is a driveway there that would be the entrance to this
community. I believe it is our property.
Barry Knight: Is there anything else?
Gary Galumbeck: No sir.
Barry Knight: Okay. Are there any questions?
Gary Galumbeck: Yes ma'am?
Kathy Katsias: These condominiums are for sale. They are between $200 - $300
thousand dollars.
Gary Galumbeck: Yes ma'am. Some of them are on the lesser side. There are
townhouses to the east of us actually just on the other side of Baker Road that are in the
low hundreds.
Kathy Katsias: That was not my understanding. I thought they were going to start at
$200,000?
Gary Galumbeck: You're talking about this new community?
Kathy Katsias: Yes, this new development.
Gary Galumbeck: I'm not aware of the pricing on that.
Kathy Katsaias: Isn't that a street closure, so there is not going to be any access.
Gary Galumbeck: If they close Connie the access would be from Baker Road.
I i I I
Kathy Katsias: From Connie Lane. Right?
Barry Knight: It's from Baker. Mr. Nutter is going to address that when he comes back.
Okay. Ms. Anderson?
Janice Anderson: So, this residential development behind your development, you are
worried it is going to increase crime?
Gary Galumbeck: Well, with apartments coming in, we feel it would bring noise, which
would be a major concern, as well as excessive traffic.
Janice Anderson: More than the industrial site behind you?
Gary Galumbeck: Well, basically, it is vacant. It was used as a storage facility for
automotive repair facility had been there for years and years.
Janice Anderson: Okay. I thought it was active.
Gary Galumbeck: No ma' am.
Janice Anderson: Okay. I think these are for sale? Is that correct? Right.
Gary Galumbeck: The apartments are not for sale.
Janice Anderson: There are four units in each building, I believe, and I believe they are
for sale. Like Ms. Katsias said, they are going to sell for $200 - 300 thousand dollars.
Were you aware of that?
Gary Galumbeck: No ma'am. We were told that there would be a mixture of rental units,
as well as units for sale.
Janice Anderson: Okay. My understanding about the application, and I'm sure Mr.
Nutter will go over with you. It is one type of product that they're proposing right now.
Gary Galumbeck: Okay.
Janice Anderson: Okay?
Gary Galumbeck: Thank you for clearing that up.
Barry Knight: Are there any other questions? Thank you sir.
Gary Galumbeck: Thank you.
Joseph Strange: There are no other speakers.
Barry Knight: Mr. Nutter? You've heard a couple of questions?
R.J. Nutter: Yes, I sure have. Let me try to address them for you. First, this is not an
apartment complex. Maybe he is confused with the "A" designation for the zoning
characterization. But, these are condominiums. They are for sale units. We anticipate
their price being between $200 - $300 thousand dollars, which is right in line. We
checked with the housing prices of the units around us and they are right in line with
those, and as far as access, and what we did do, and as I told you. It is a major concern to
the civic association in the area not to have Connie Lane extended, and so we have not
provided access for our property by Connie Lane. Our access way will be here (pointing
to PowerPoint) off of Baker Road. The reason why this application took so long to get to
you quite frankly, and remember I told you that we met with the civic association during
the late summer and fall of last year, was because of the enormous amount of issues we
had to face and get approval from all of the properties to make sure. There were a small
series of rental properties. I can tell you that we filed certificates with the City
Treasurer's office indicating that we own all of the property in the confines of this area,
or have it under contract. So, the access way that you see here, we just indicated, and we
believe frankly that this complex that is in here, which is very nice as well, quite frankly,
this area is in very serious problem. Those who of you went on the van trip know that
very well. There is actually people living there, in the school buses. A gentleman has
been living in a school bus for 17 years. This property owner, my client had to locate and
purchased a mobile home to get them out of this property. There is a small business
there. It does continue to operate. You may not see it as much but the residents of
Newsome Farms see it everyday. They don't like it very much. So, we feel we are
bringing in some substantial improvement to the property. I'm happy to tell you that the
possible reception of the people behind the junkyard, we think it is pretty much
unanimous. So, we would as for your endorsement. It is a very nice product. It is
keeping with the area. They are for sale units as we indicated.
Barry Knight: Thank you. Are there any questions for Mr. Nutter? Okay. Okay, Mr.
Bayside and Mr. Kempsville? It is in your districts. What's your pleasure?
Henry Livas: I would move that we approve it.
Barry Knight: Okay.
David Redmond: I'll second it.
Barry Knight: Okay. There is a motion on the table to approve agenda item 13 & 14. A
motion made by Henry Livas and seconded by David Redmond. Is there any discussion?
Mr. Redmond?
David Redmond: I just want to make the point. I think the one speaker that was verbal
mentioned the amount of new development in this neck of our woods. This is part of our
city that has not always enjoyed the greatest fortune, in some ways. There has however,
in recent years, I think, has been a real refreshing interest and improvement in housing
stock. In this case, there is only what can be described, in my view as a junkyard on the
site. And, this project promises, not only to eliminate that, but to continue to contribute, I
think to improving the housing stock in this part of Virginia Beach. Not only would I not
want to get in the way of that, I would actively encourage it to the greatest extent that we
can. When you drive up and down there, it is making a real difference in the appearance
of that neighborhood, and ultimately it is going to make a real difference in retail, in the
office, and all of the things that give any community life. So, I wholeheartedly support
this application. I think it is unquestionably an improvement. And, I look forward to
supporting it.
Barry Knight: Thank you Mr. Redmond. Is there any other discussion? There is a
motion on the floor. We'll call for the question.
AYE 9 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIV AS AYE
REDMOND AYE
STRANGE AYE
WOOD
ABSENT 2
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved the applications of Connie One,
L.L.C.
Barry Knight: Thank you.
I I I
~ 39-
Item v'K.3.
PLANNING
ITEM # 55327
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, 44% of the property is in housing and 56% in
open space. Thirty-nine and one-half acres is being dedicated to the City for the West Neck
Creek Linear Park. Two (2) lanes of Nimmo Parkway will be built from the fire station to the East.
The following registered in OPPOSITION:
Paul Dean, 2472 Windy Pines Bend, Phone: 427-9774, resident of Castle ton
Doug Harrison, 2556 Piney Bark Drive, Phone: 301-6733
Duke Baisden, 2569 Springhaven, Phone: 430-0869
Raye Jean McMichael, 2573 Hunters Run Trail, Phone: 427-2728
John D. Martin, 2301 Barn Sill Court, Phone; 430-2983
Karen 1. Trenton, 2468 Windy Pines, Phone: 430-6700
Roni Marquez, 2104 Shade Tree Street, Phone: 563-2822
Jack Reich, 2540 Piney Bank Drive, Phone: 427-6170
Petition containing 147 signatures in opposition to the rezoning, was distributed and is hereby made a
part of the record.
Commander John Lauterbach, referenced the June 5, 2003 correspondence of Captain Keeley, NAS
Oceana, Plans and Policy Legal Advisor, stating this proposal is incompatible with the Navy's AICUZ
program
A MOTION was made by Councilman Reeve, seconded by Councilman Maddox, to ADOPT Ordinance
upon Application of ALCAR, LL C. for a Change ofZoninf! District Classification
ORDINANCE UPON APPLICATION OF ALCAR, L.L.C. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICA110N FROM AG-1
AND AG-2 TO CONDITIONAL R-7.5
Ordinance upon Application of ALCAR, L.L. c. for a Chanf!e of Zoning
District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-7.5 Residential District on property located on the north
side of the Nimmo Parkway Right-of Way (unimproved), 910 feet west of
Rockingchair Lane (GPlNs 2404371630; 2404573796,' 2404564943).
DISTRICT 7 - PRINCESS ANNE
I I I
- 40-
Item v'K3.
PLANNING ITEM # 55327 (Continued)
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Harry E. Diezel, Richard A. Maddox. Jim Reeve, Peter w: Schmidt and Ron
A. Villanueva
Council Members Voting Nay:
Robert M Dyer, Vice Mayor Louis R. Jones. Reba S. McClanan, Mayor
Meyera E. Obemdorf, Rosemary Wilson and James L. Wood
Council Members Absent:
None
June 13, 2006
ALCAR
ALCAR
Condilional Zoning Change & Floodplain Variance
Princess Anne District
Relevant Information:
· Applicant requests a Floodplain Variance and a Rezoning from AG-1
and AG-2 Agriculture to Conditional R-7.5 Residential to allow
development of site for 132 single-family homes. Density is lower
than surrounding area.
· Site is located in a Sub-Area 2 of 65-70 AICUZ and the 70-75 AICUZ.
No homes are located within the 70-75 AICUZ. MOU Committee
reviewed and found the proposal met the criteria for Sub-Area 2.
· The volume of the mitigation areas exceeds the volume of fill within
the floodplain by 2,203 Cubic Feet (C. F.) and all of the mitigation
areas are located outside and contiguous to the existing floodplain.
Therefore, the mitigation proposed for the floodplain fill meets the
criteria for mitigation as defined by the ordinance.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: a) Application of ALCAR, L.L.C. for a Variance to Section 5B of the site
Plan Ordinance, Floodplain Regulations.
b) Application of ALCAR, L.L.C. for a Chanae of Zonina District
Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5
Residential District.
Property located on the north side of Nimmo Parkway, approximately 910 feet
west of Rockingchair Lane (GPINs 2404573796; 2404564943; 2404371633).
DISTRICT 7 - PRINCESS ANNE
MEETING DATE: May 13, 2008
. Background:
This request (with a different site plan) was heard and denied by the Virginia
Beach City Council on June 13, 2006. The site is encumbered with both the 70-
75 dB Ldn and the 65-70 dB Ldn Air Installation Compatible Use Zone (AICUZ).
The 2006 request was denied primarily because 56 of the proposed 132
residential lots were proposed within the 70-75 dB Ldn AICUZ. The Virginia
Beach City Council recently adopted amendments to the City Zoning Ordinance,
Article 18, Special Regulations in Air Installations Compatible Use Zones
(AICUZ) to provide standards for discretionary development applications for
residential uses within the 65-70 dB Ldn AICUZ. The 65-70 dB Ldn AICUZ is now
divided into three sub-areas. The subject site is located within Sub-Area 2, within
which applications for residential development may be approved by the City
Council if the Council finds that the proposed development is at a density similar
to or lower than that of surrounding properties having a similar use and no
greater than recommended by the Comprehensive Plan, and that it conforms to
the applicable provisions of the Comprehensive Plan.
. Considerations:
The applicant proposes to rezone the existing site, zoned AG-1 and AG-2
Agricultural Districts, to Conditional R-7.5 Residential District for the purpose of
developing the site with 132 single-family dwellings on minimum 7,500 square
foot lots. The proposed lots are configured such that all are within the 65-70 dB
Ldn AICUZ area. The applicant is also requesting a floodplain variance to fill
approximately 10.7 acres of the floodplain for proposed lots and roadways. The
ALCAR, L.L.C.
Page 2 of 3
proposed fill varies from 0.25-feet (3-inches) to 1.65-feet (1-foot / 8-inches) and
covers 16.2% of the floodplain. The applicant is proposing floodplain mitigation,
as required by the ordinance.
The subject site has a total area of 112.3 acres. Of that, 39 acres is
"Conservation Area," which is all land below the 1 OO-year floodplain level of 6.25
feet (with the exception of a small knoll where the proposed entrance to the
subdivision is located). There are some tidal and nontidal wetlands present in this
area. This area is to be dedicated to the City for inclusion in the West Neck
Creek Linear Park. The remaining 73.3 acres is the "Development Area," which is
the area that qualifies for density. Of those 73.3 acres, 32.8 acres consists of the
streets, stormwater ponds, and home lots and 40.5 acres consist of open spaces
areas. The residential lots have been clustered in the 65-70d8 Ldn AICUZ area.
The proposed density for this project is 1.8 units to the acre. Surrounding
densities vary from three (3) dwelling units to the acre to six (6) dwelling units to
the acre.
Under Section 58 of the Site Plan Ordinance, the West Neck Creek and its
tributaries floodplain south of London 8ridge Road is subject to special
restrictions and no fill is allowed within this floodplain. A variance to Section 58 of
the Site Plan Ordinance (floodplain variance) is necessary to allow fill on the site.
As noted above, the volume of the mitigation areas exceeds the volume of fill
within the floodplain by 2,203 Cubic Feet (C.F.) and all of the mitigation areas are
located outside and contiguous to the existing floodplain. Therefore, the
mitigation proposed for the floodplain fill meets the criteria for mitigation as
defined by the ordinance. Details pertaining to the floodplain variance are
contained in the attached staff report.
Currently, the subject site has no direct access to an improved public right-of-
way. There is a dirt road on the south side of the future Nimmo Parkway right-of-
way that connects to Seaboard Road and then runs through this site. To provide
access to the site, the applicant is proffering to construct two lanes of Nimmo
Parkway within the existing public right-of-way for a distance of approximately
2,500 feet. The new roadway will extend from the subdivision entrance east to
the current terminus of Nimmo Parkway near the Princess Anne Recreation
Center. When the two lanes of Nimmo Parkway are built, there will be a new
intersection created at Rockingchair Lane, approximately 910 feet to the east of
the new subdivision's entrance. Improvements and traffic movement control will
be required for this intersection. Thus, in addition to the residents of the proposed
subdivision, residents of the Southgate and Hunt Club Forest neighborhoods will
have access to the new two-lane section of Nimmo Parkway.
Since the site is located within Sub-Area 2 of the 65-70 AICUZ, the Joint City-
Navy Committee reviewed the application. The committee determined that the
proposal met the standards provided in the Zoning Ordinance for Sub-Area 2 as
they pertain to rezoning applications for residential development. Specifically, the
" I
ALCAR, L.L.C.
Page 3 of 3
proposed density of 1.8 dwelling units per acre of land is well below the
Comprehensive Plan's recommended density limit of 3.5 dwelling units per acre,
as well as below the existing surrounding density of 3 to 6 dwelling units per
acre.
There was opposition to the requests.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve the requests, 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 Department
City Manager:~ k .~~
1 AN ORDINANCE APPROVING THE APPLICATION OF
2 ALCAR, LLC FOR A CHANGE OF ZONING DISTRICT
3 CLASSIFICATION FROM AG-1 AND AG-2
4 AGRICULTURAL TO CONDITIONAL R-7.5 RESIDENTIAL
5 DISTRICT
6
7
8 WHEREAS, ALCAR, LLC (hereinafter the "Applicant") has made application to
9 the City Council for a change of zoning district classification from AG-1 and AG-2
10 Agricultural District to Conditional R-7,5 Residential District on 112.3 acres of property
11 located on the north side of Nimmo Parkway, approximately 900 feet west of Hunters
12 Run Trail, in the Princess Anne District (hereinafter the "Property"); and
13
14 WHEREAS, the application contemplates, among other things, the development
15 of 132 single-family dwelling units on the Property; and
16
17 WHEREAS, the Property is located within Sub-Area 2 of the 65-70 dB DNL Noise
18 Zone; and
19
20 WHEREAS, pursuant to Section 1804 of the City Zoning Ordinance, it is the
21 policy of the City Council that no application for a change of zoning of property for a
22 residential use within Sub-Area 2 of the 65-70 dB DNL Noise Zone shall be approved
23 unless the City Council finds that the proposed development:
24
25 (1) is at a density similar to or lower than that of surrounding properties
26 having a similar use and no greater than recommended by the
27 Comprehensive Plan; and
28
29 (2) conforms to the applicable prOVIsions of the Comprehensive Plan,
30 including, without limitation, the Princess Anne Corridor Study, Princess
31 Anne Commons Design Guidelines, or Mixed Use Development
32 Guidelines.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
35 OF VIRGINIA BEACH, VIRGINIA:
36
37 That the City Council hereby finds that that the proposed development:
38
39 (1) is at a density similar to or lower than that of surrounding properties
40 having a similar use and no greater than recommended by the
41 Comprehensive Plan; and
42
43 (2) conforms to the applicable prOVIsions of the Comprehensive Plan,
-44 including, without limitation, the Princess Anne Corridor Study, Princess
45 Anne Commons Design Guidelines, or Mixed Use Development
46 Guidelines.
Ii, I
47
48
49
50
51
52
53
54
55
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the application is hereby approved, subject to the terms and conditions set
forth in the Conditional Zoning Agreement dated May 1, 2007, which Agreement was
exhibited to the City Council this date.
Adopted by the City Council of the City of Virginia Beach on the
,2008.
day of
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
.. -
. .! / '......
'/ I" I ,.,... /, ". / II/) /~ r
/v :Aj~I/. ;j ,: (II L,v.......:.v""
City Attorney's Office
CA-10635
R-1
March14, 2008
2
ALCAR, LLC
Agenda Items 3 & 4
February 13, 2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanqe of Zonina District Classification
from AG-1 and AG-2 Agricultural Districts
to Conditional R-7.5 Residential District
Variance to Section 5B of the Site Plan Ordinance
(Floodplain Regulations)
ALCAR
ADDRESS I DESCRIPTION: Property located on the north side of Nimmo Parkway, approximately 900-feet
west of Hunters Run Trail
GPIN:
24043716330000;
24045737960000;
and a portion of
24045649430000.
COUNCIL ELECTION DISTRICT:
7- PRINCESS ANNE
SITE SIZE:
112.3 acres
SUMMARY OF REQUEST
This request (with a different site plan) was heard and denied
by the Virginia Beach City Council on June 13, 2006. The site is encumbered with both the 70-75 dB Ldn
and the 65-70 dB Ldn Air Installation Compatible Use Zone (AICUZ). The 2006 request was denied
primarily because 56 of the proposed 132 residential lots were proposed within the 70-75 dB Ldn AICUZ.
The Virginia Beach City Council recently adopted amendments to the City Zoning Ordinance, Article 18,
Special Regulations in Air Installations Compatible Use Zones (AICUZ) to provide standards for
discretionary development applications for residential uses within the 65-70 dB Ldn AICUZ. The 65-70 dB
Ldn AICUZ is now divided into three sub-areas. The subject site is located within Sub-Area 2, within
which applications for residential development may be approved by the City Council if the Council finds
that the proposed development is at a density similar to or lower than that of surrounding properties
having a similar use and no greater than recommended by the Comprehensive, and that it conforms to
the applicable provisions of the Comprehensive Plan. The densities surrounding this site vary from three
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 1
(3) dwelling units to the acre to six (6) dwelling units to the acre. The proposed density for this project is
1.8 units to the acre.
The applicant proposes to rezone the existing AG-1 and AG-2 Agricultural Districts to Conditional R-7.5
Residential District to develop the site with 132 single-family dwellings on minimum 7,500 square foot
lots. The proposed lots are configured such that all are within the 65-70 dB Ldn AICUZ area. The
applicant is also requesting a floodplain variance to fill approximately 10.7 acres of the floodplain for
proposed lots and roadways. The proposed fill varies from 0.25-feet (3-inches) to 1.65-feet (1-foot /8-
inches) and covers 16.2% of the floodplain. The applicant is proposing floodplain mitigation, as required
by the ordinance.
The subject site has a total area of 112.3 acres. Of that, 39 acres is "Conservation Area," which is all land
below the 1 OO-year floodplain level of 6.25 feet (with the exception of a small knoll where the proposed
entrance to the subdivision is located). There are some tidal and nontidal wetlands present in this area.
This area is to be dedicated to the City for inclusion in the West Neck Creek Linear Park. The remaining
73.3 acres is the "Development Area," which is the area that qualifies for density. Of those 73.3 acres,
32.8 acres consists of the streets, stormwater ponds, and home lots and 40.5 acres consist of open
spaces areas. The residential lots have been clustered in the 65-70dB Ldn AICUZ area. The proposed
density for this project is 1.8 units to the acre. Surrounding densities vary from three (3) dwelling units to
the acre to six (6) dwelling units to the acre. By relocating the proposed residential/ots out of the 70-75dB
Ldn AICUZ area a f1oodp/ain variance is required.
Under Section 5B of the Site Plan Ordinance, the West Neck Creek and its tributaries floodplain south of
London Bridge Road is subject to special restrictions and no fill is allowed within this floodplain. A
variance to Section 5B of the Site Plan Ordinance (floodplain variance) is necessary to allow fill on the
site.
· Total site area = 112.3 acres
· Total site area within the floodplain = 66.2 acres
· Total site area covered by fill within the floodplain = 10.7 acres
· Percentage of floodplain surface covered by fill = 16.2 percent
The Site Plan Ordinance requires that mitigation be provided at a one for one replacement for the flood
storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous
to the existing floodplain.
· Total100-year floodplain storage volume filled = 541,216 Cubic Feet (C. F.)
· Total 1 OO-year floodplain storage volume mitigated = 543,419 Cubic Feet (C. F.)
As noted above, the volume of the mitigation areas exceeds the volume offill within the floodplain by
2,203 Cubic Feet (C.F.) and all of the mitigation areas are located outside and contiguous to the existing
floodplain. Therefore, the mitigation proposed for the floodplain fill meets the criteria for mitigation
as defined by the ordinance.
Currently, the subject site has no direct access to an improved public right-of-way. There is a dirt road on
the south side of the future Nimmo Parkway right-of-way that connects to Seaboard Road and then runs
through this site. To provide access to the site, the applicant is proffering to construct two lanes of Nimmo
Parkway within the existing public right-of-way for a distance of approximately 2,500 feet. The new
roadway will extend from the subdivision entrance east to the current terminus of Nimmo Parkway near
the Princess Anne Recreation Center. When the two lanes of Nimmo Parkway are built, there will be a
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 2
new intersection created at Rockingchair Lane, approximately 910 feet to the east of the new
subdivision's entrance. Improvements and traffic movement control will be required for this intersection.
Thus, in addition to the residents of the proposed subdivision, residents of the Southgate and Hunt Club
Forest neighborhoods will have access to the new two-lane section of Nimmo Parkway.
The proposed subdivision roadway connection to existing Nimmo Parkway will impact the traffic signal
operation and timings at the intersection of Nimmo Parkway and General Booth Boulevard, and the
developer will be responsible for addressing those new traffic signal timings. A temporary emergency fire
station traffic signal may be required in front of the General Booth Company 21 Fire Station on Nimmo
Parkway. The developer will be responsible for working with the City regarding design, construction, and
costs associated with the installation of this signal.
The conceptual subdivision plan shows one main entrance to the subdivision from the new section of
Nimmo Parkway. The roadway extends northward, crosses a stream, enters the housing area and then
comes to an intersection, where the road splits to the east and northwest. The southeast portion of the
site, where the stream is located, is designated as a Conservation Area. The roadway travels through this
Conservation Area for an approximate distance of 900 feet before it reaches the housing area.
The housing area contains 132 residential lots, two parks, stormwater management facilities, and
wetlands mitigation areas. The minimum lot size is 7,500 square feet, and the lots are largely uniform in
size. Elevations submitted with the proposal depict dwelling types similar to surrounding neighborhoods.
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
LAND USE AND ZONING INFORMATION
. Single-family dwellings / R-10 (Open Space Promotion)
Residential
. Nimmo Parkway right-of-way (undeveloped)
. Single-family dwellings / R-5D Residential
. West Neck Creek / AG-1 Agricultural
Extensive areas of floodplain and wetlands associated with West Neck
Creek are interspersed throughout the site. More than half of the site, or
62.2 acres, is below the elevation of the 1 OO-year flood level of 6.25 feet.
There are three general categories of wetlands present on this site. The
first are tidal wetlands as defined in the City Zoning Ordinance. These
wetlands are immediately adjacent to the f100dway of West Neck Creek.
The second category consists of nontidal wetlands as defined by the
Southern Watersheds Management Ordinance and the City Zoning
Ordinance. These wetlands are present on the site for a distance of
approximately 800 feet eastward of the f100dway of West Neck Creek
and also along the edge of the stream that traverses through the
southeast portion of the site. The third category consists of nontidal
wetlands under the jurisdiction of the Army Corps of Engineers
and identified as "Isolated/Headwater Wetlands" (I/H wetlands). Most of
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 3
these areas are at the edge of the floodplain and on the higher ground
proposed for home lots.
The site was logged in 2000-2001. The mature trees were removed from
the majority of the site. Some mature trees were left remaining in the I/H
wetland areas, areas bordering West Neck Creek, and a forty to fifty foot
area of trees bordering the neighborhoods of Castleton and Pine Ridge,
along the northern boundary of the site.
AICUZ:
The northern portion of the subject site is in an AICUZ of 70-75 dB Ldn
and the southern portion of the site is in an AICUZ of 65-70 dB Ldn
surrounding NAS Oceana. That portion within the 65-70 dB Ldn contour
is located in Sub-Area 2. None of the property lies within any Accident
Potential Zone or Clear Zone.
On January 10, 2008, the Memorandum of Understanding (MOU)
Committee met and reviewed the request with the applicant and its
attorney.
The applicant proposes to build a maximum of 132 single-family
residential units on the property, all of which will be located in the 65-70
dB Ldn contour. The property in the 70-75 dB Ldn contour will be set
aside for conservation, open space, and a park, all of which are
compatible uses in the 70-75 dB Ldn AICUZ.
The Committee determined that the proposal met the criteria provided in
the Zoning Ordinance for Sub-Area 2 as it pertains to rezoning
applications for residential development. Specifically, the proposed
density of 1.8 dwelling units per acre of land is well below the
Comprehensive Plan's recommended density limit of 3.5 dwelling units
per acre, as well as below the existing surrounding density of 3 to 6
dwelling units per acre.
While not a factor in the Committee's determination, some members of
the Committee suggested to the applicant that it proffer that no homes
will be located within the 70-75 dB Ldn portion of the property. The
applicant has agreed to include the additional proffer even though such
a proffer is not necessary, as the proffered site plan shows no homes in
that AICUZ.
IMPACT ON CITY SERVICES
Master Transportation Plan (MTP) I Capital Improvement Proaram (CIP): The site for the proposed
residential subdivision is not currently served by any public roadways. The applicant has proposed the
construction of two lanes of the proposed Nimmo Parkway from the proposed entrance to the existing
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 4
four lane portion of Nimmo Parkway that currently ends at the General Booth Company 21 Fire Station
to the east.
Nimmo Parkway, Phase V-A, CIP 2-121, Virginia Department of Transportation (VDOT) UPC 52058,
roadway improvement project is currently being designed by VDOT. This VDOT administered project
will build a four lane divided roadway on new alignment from Holland Road to the existing four lane
portion of Nimmo Parkway that currently ends at the General Booth Company 21 Fire Station to the
east. This project is currently scheduled to begin construction in Fall 2009. The two lanes being
proposed to be built with the subject rezoning application will be constructed such that this portion of
Nimmo Parkway will be incorporated into the VDOT project.
The proposed entrance road for the subdivision will intersect Nimmo Parkway opposite the terminus
point for the proposed Seaboard Road. Seaboard Road will be improved from Princess Anne Road to
Nimmo Parkway with the City of Virginia Beach administered Seaboard Road Project, CIP 2-107. This
project is scheduled to begin construction in Fall 2008.
Traffic Engineering concurs with the submitted traffic impact study's recommendation that access to the
subdivision be provided along the Nimmo Parkway right-of-way. Subdivision access to Seaboard Road
is not recommended until planned roadway improvements are constructed along Seaboard Road to
Princess Anne Road with the Seaboard Road Project, CIP 2-107.
The proposed roadway improvements along the Nimmo Parkway right-of-way must provide for a
temporary, safe transition of traffic to the existing four lane divided section of Nimmo Parkway. In
addition, this proposed roadway will intersect Rocking Chair Lane and the improvements will require
stop control on one of the streets of this new intersection.
The proposed roadway connection to existing Nimmo Parkway will impact the traffic signal operation
and timings at the intersection of Nimmo Parkway and General Booth Boulevard. The Developer will be
responsible for developing new traffic signal timings for this traffic signal.
A temporary emergency fire station traffic signal will be required in front of the General Booth Fire
Station on Nimmo Parkway. The Developer will be responsible for the design, construction and costs
associated with the installation of this signal.
TRAFFIC: Street Name Present Capacity Generated Traffic
Volume
Nimmo Parkway "0" ADT 8,700 ADT (460 Peak Existing Land Use ~ -1 0
(until the VDOT Hour) ADT
project is Proposed Land Use 3 -
complete)
1,342 ADT (138 p.m.
Nimmo Parkway 36,900 ADT (1,930 Peak Peak Hour)
(after the VDOT Hour)
project is
com plete)
,
Average Dally Tnps
2 as defined by 112 acres of AG-1 zoned property
3 as defined by 132 single-family homes
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 5
i I
PUBLIC WORKS I CIP PROJECT MANAGEMENT:
· The developer will be required to construct two lanes of the ultimate roadway improvements of
proposed Nimmo Parkway Phase V-A, CIP 2-121, Virginia Department of Transportation (VDOT) UPC
52058, currently under design by VDOT, from the proposed subdivision entrance road east to the
existing four lane roadway segment of Nimmo Parkway. These improvements shall include all
incidental work such as pavement, curb and gutter, sidewalk, storm sewer facilities, utility adjustments
I relocations and street Iightings.
· The proposed 50 foot right-of-way subdivision entrance road must align with proposed Seaboard
Road, currently under design by the City, on the south side of Nimmo Parkway.
· Location of the proposed subdivision entrance road is in direct conflict with the proposed water quality
inlet as shown on the Nimmo Parkway Phase V-A, CIP 2-121, VDOT UPC 52058, roadway project
plans. The water quality inlet will need to be relocated. The City of Virginia Beach is willing to discuss
cost participation for the ultimate storm water requirements as the project process continues.
PUBLIC WORKS STORMWATER:
Public Works Stormwater Engineering has reviewed the Watershed Impact Analysis for the proposed
development and satisfied with the analysis contingent upon additional information being provided. The
analysis will be used to prepare the design construction plans for the proposed development and as such
needs to include minimal design information to ensure that the proposed design conforms to the Watershed
Impact Analysis. This minimal information will help define the minimal drainage design assumption for the
proposed basins, roadway culverts and the floodplain impacts, which will be used by the Development Service
Center during their review. The following minimal information will be necessary:
· The size of each proposed basin and floodplain mitigation needs to be defined
· The basic design information of the roadway culverts needs to be defined.
· A table showing location of flOOdplain impacts needs to be included. (The areas where the floodplain
will be filled and where new floodplain will be excavated including the associated volumes for each
area need to be included.)
· A table showing the flow rates and tail water elevation conditions at the on-site and adjacent off-site
assigned nodes for the 10-year storm event.
WATER: This site must connect to City water. There is 16-inch City water transmission main in the Nimmo
Parkway right-of-way fronting the site.
SEWER: City sanitary sewer is not available to the site. There is 30-inch Hampton Roads Sanitation District
sanitary sewer force main in Nimmo Parkway fronting the site. The applicant must submit plans and bonds
required for construction of a new pump station and sanitary sewer system.
PARKS AND RECREATION: The City's adopted Bikeways and Trails Plan calls for a separate, 10-foot wide
asphalt shared-use pathway and on-road facility (Le. bike lane) within the Nimmo Parkway right-of-way. It is
recommended that at least the shared-use pathway be constructed with the Nimmo Parkway right-of-way
improvements proposed by this development.
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 6
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Princess Anne 533 627 35.6 36
Elementarv
Princess Anne Middle 1,514 1,275 20.1 20
School
Kellam Hiah School 2,078 1,832 27.7 28
, " .
generation represents the number of students that the development WIll add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
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.
The Plan also notes that residential development in the Primary Residential Area should "ensure that all
newly developed and redeveloped lands preserve the quality of our natural environment by adhering to
established environmental planning principles. These include, among others, the clustering of lots, where
appropriate, to increase areas of preserved natural resources, maintaining natural buffers adjacent to
shorelines, minimizing impervious cover of such features as buildings, roads and parking areas, and
utilizing drought tolerant plant material, "(Pages 90-91 ).
Evaluation:
As stated above, one of the guiding principles for the Comprehensive Plan is to preserve and protect the
overall character, economic value and aesthetic quality of the stable neighborhoods. Due to the location
of the proposed site, a conditional rezoning to residential development is consistent with the land use
policies of the Comprehensive Plan as a means to preserve the quality of existing residential
neighborhoods. Additionally, the proposed dedication of open spaces along the West Neck Creek Linear
Park and the dedication to the homeowner's association of open space in the form of passive recreation
space are in keeping with the land use policies of the Comprehensive Plan.
The proffered Conceptual Subdivision Plan depicts a conventional single-family subdivision. This type of
subdivision with long winding collector streets and numerous cul-de-sacs is similar in design with the
surrounding neighborhoods. Open space surrounds the lots. In particular, a buffer varying in width from
100 feet to 280 feet is proposed along the northern portion of the project.
The site is located within the 65-70 and 70-75 AICUZ. On January 10, 2008, the Memorandum of
Understanding (MOU) Committee met and reviewed the request with the applicant and its attorney.
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 7
The applicant proposes to build all of the homes in the 65-70 dB Ldn contour. The property in the 70-75
dB Ldn contour will be set aside for conservation, open space, and a park, all of which are compatible
uses in the 70-75 dB Ldn AICUZ.
The Committee determined that the proposal met the criteria provided in the Zoning Ordinance for Sub-
Area 2 as it pertains to rezoning applications for residential development. Specifically, the proposed
density of 1.8 dwelling units per acre of land is well below the Comprehensive Plan's recommended
density limit of 3.5 dwelling units per acre, as well as below the existing surrounding density of 3 to 6
dwelling units per acre.
As it pertains to the requested Floodplain Variance, the applicant has worked with the Development
Services Center and Public Works I Stormwater Management to insure the fill and mitigation plans meet
City regulations. Except for the fact that all of the lots have been shifted south out of the 70-75 dB Ldn
AICUZ area, there would be no need for a floodplain variance.
A conceptual floodplain fill and mitigation plan was submitted and reviewed by the Development Services
Center and Public Works I Stormwater Management. The final approval for fill within the floodplain will
depend on detailed engineering design. New information and facts may alter the expectations of the
developer and may ultimately reduce the number of possible lots. The applicant has worked diligently with
Public Works I Stormwater Management to insure adequate drainage will be provided on the site, Once
portions of the site are filled and graded, the floodplain storage volume will increase by 2,203 cubic feet.
The Site Plan Ordinance Section 5B.8 (a) states. "No floodplain variance shall be granted by the Council
unless it finds that:
1. Such variance will not create or result in unacceptable or prohibited increases in flood heights,
additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization
of the public.
2. The granting of such variance will not be detrimental to other property in the vicinity.
3. The circumstances giving rise to the variance application are not of a general or recurring nature.
4. Such circumstances arise from the physical character of the property or from the use or
development of adjacent property and not from the personal situation of the applicant.
5. The granting of such variance will not be in conflict with any ordinance or regulation of the city."
Section 5B.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The
Section notes, "No variance shall be granted by the Council unless the following performance standards
are met:
1. Filling shall be limited to the smallest volume and area possible.
2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created
for area filled to ensure no net loss of storage occurs as result of filling.
3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the
existing floodplain.
4. The general characteristics and functions of the floodplain shall not be adversely affected.
5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern
Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted."
Staff concludes that the variance request meets all of the above criteria. The applicant has provided an
adequate fill mitigation plan, All mitigation is located contiguous to the floodplain. The character and
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 8
functions of the floodplain may indeed improve with the fill and re-grading of the site and with the addition
of storm water management facilities.
Staff, therefore, recommends approval of the Floodplain Variance and Conditional Rezoning, subject to
the proffers below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 1 07(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,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When development takes place upon that portion of the Property which is to be developed, it shall be as a
single family residential community substantially in conformance with the Exhibit entitled "CONCEPTUAL
SUBDIVISION PLAN OF NIMMOS QUAY, VIRGINIA BEACH, VIRGINIA", dated April 23, 2007, prepared by
Clark-Nexsen, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning ("Concept Plan").
PROFFER 2:
When the Property is developed, approximately 16.4 acres of open space, recreation areas, and parks as
depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association.
When the Property is developed, playground equipment and neighborhood park improvements meeting the
City's Department of Parks and Recreation Standards shall be installed in the two (2) areas designated
"PARK" on the Concept Plan.
PROFFER 3:
When the Property is developed, approximately 39 acres of land designated as "Conservation Area" on the
Concept Plan shall be dedicated to the City of Virginia Beach for inclusion in the West Neck Creek Linear
Park.
PROFFER 4:
When the Property is subdivided, it shall be subject to a recorded Declaration of Protective Covenants,
Conditions and Restrictions ("Deed Restrictions") administered by a Homeowners Association, which shall,
among other things, maintain the Open Space areas.
PROFFER 5:
When the Property is developed, as depicted on the Concept Plan, no residential dwellings will be
constructed within that portion of the Property lying in the 70-75 dB DNL noise zone.
PROFFER 6:
All residential dwellings constructed on the Property shall incorporate architectural features, design elements
and high quality building materials substantially similar in quality to those depicted on the five (5)
photographs labeled "Typical Home Elevations at NIMMOS QUAY" dated December 12, 2002 which have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning. Anyone story dwelling shall contain no less than 2000 square feet of enclosed living area
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 9
excluding garage area and any two-story dwelling shall contain no less than 2400 square feet of enclosed
living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall
require each dwelling to have, at a minimum, at two (2) car garage.
PROFFER 7:
When the Property is developed, Grantors shall construct a two lane section of Nimmo Parkway Phase V-A
CIP 2-121, VDOT UPC 52058 in accordance with the Virginia Department of Transportation construction
plans for UPC 52058 Nimmo Parkway Phase V-A, within the existing Nimmo Parkway public right of way
extending east approximately 2560:t feet from the entrance to the subdivision to connect with the existing
improved Nimmo Parkway road section. These improvements shall include pavement, curb and gutter,
storm sewer facilities, utility adjustments/relocations and street lights related to the two (2) lanes, as well as
a right turn lane at the entrance to Nimmo's Quay utilizing any of the Property and any of the public right of
way provided. However, if the Grantee elects to construct the extension and improvements to Seaboard
Road from Princess Anne Road to the future Nimmo Parkway as provided in CIP 2-107, in advance of the
construction of Nimmo Parkway and will permit development of Nimmo's Quay to utilize the improved
Seaboard Road as its interim access when the Property is developed, the Grantor shall reimburse the
Grantee for any additional costs and expenses incurred for the right of way improvements at the intersection
of Seaboard Road and Princess Anne Road, including any additional right of way acquisition costs, needed
to accommodate the traffic generated by Nimmo's Quay using the improved Seaboard Road as its access.
PROFFER 8:
When the Property is developed, the party of the first part [applicant] shall extend public utilities, to serve the
subdivision. including the possible construction of an off-site sewage pump station.
PROFFER 9:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable, as they insure that the site will be developed
in accordance with the submitted site plans and elevations. The submitted site plan depicts a coordinated
development of the site in terms of design circulation within the site. The submitted elevations depict
proposed residential dwellings of high quality in keeping with adjacent neighborhoods.
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.
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.
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 10
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ALCAR, L.L.C.
Agenda Items 3 & 4
Page 11
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ALCAR, L.L.C.
Agenda \temS 3 & 4
page 12
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ALCAR, L.L.C.
Agenda Items 3 & 4
Page 13
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PROPOSED BUILDING ELEVATION
ALCAR, L.L.C.
Agenda Items 3 & 4
Page 15
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PROPOSED BUILDING ELEVATION
ALCAR, L.L.C.
Agenda Items 3& 4
Page 16
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Conditional Zoning Change & Floodplain Vr!riancc
1 . I 3/28/06 Rezoning (AG-1 and AG-2 Agricultural to Conditional R-7.5 Residential) I Denied !
! Rezoning (AG-1 and AG-2 Agricultural to Conditional R-10 Residential) ;
9/26/00 Conditional Use Permit (Open Space Promotion) i Denied
Floodplain Variance
i 2. 8/10/99 Rezoning (AG-1 and AG-2 Agricultural and R-20 Residential to Approved
i i Conditional R-10 Residential) ,.
Subdivision Variance ! I
3. 3/25/96 Modification to the Land Use Plan ! Approved
Rezoning (AG-1 Agricultural and R-20 Residential to Conditional R-10
Residential)
Rezoning (R-10 Residential to PD-H2 Planned Unit Overlay)
4/25/88 Rezoning (R-1 0 Residential to PD-H2 Planned Unit Overlay) Withdrawn
ZONING HISTORY
AI "'An I I '"
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DISCLOSURE STATEMENT
--,.-.......-.. ...;-....-.....-
APPLICANT DISCLOSURE
I~ the apphcant IS a corporation partnership firm, business or :)ther unincorporated
organ;zatlon complete the foBowmg
1 List the appllcan! name follo.......ed by the names c" ail off-cc~s, rrembers h.lstees,
partners ete belo,,'i, {Attach fIst If necessary)
ALCAR L L C , Alan S Resh Member, Camllne Plsapla, Member
2 L ;st aI' bUSinesses that have a pare'1t-subsld,ary' O. affiliated bUSlress entity'
relationship With the apphcan: iAUach fIst If r:'ecessd/Y)
~--_._---'-----_.- -----------,---~--,_._.__._" --, -"---~------- --~~-~----
o Check here ;f the appkant is NOT a corporatiun partners',ip flrrn, bL.;siness, or
other urlncorporated organ!Zat1on
PROPERTY OWNER DISCLOSURE
Cornpfete thiS sectIon o my' if property o~vne'- IS dIfferent from ;J{Jpllcan!
I~ the property o....mer IS a corporation, partnership k'111, bUSiness 0' :::,~her
un:ncorporated organization :;ornplete t~e foJov..ing
LIst the Noperty owner name ro!lowed by the names of all offlce~s r-:embers,
trustees, par;ners, etc beiow :Attacf1 /'st If necessar'/.!
Jamast Ir.c. Carmine Plsa;:ia, oreSldent, Ala') Resh Vice
Pres/de nUSecretary/T r€' aSLofer
L List all cuslr,esses that have a parent-subsid .ary' 0; a'ffiliated bUSiness e'lt:ty'
relationship with the apO:lcant (A 'tach list if ner:essary)
o Check here .t tre poper1y o'/,/per :~, NOT a cc,rporatcn part:iefst'::J f:trr, b-lsiness,
G' other linlnco-porated argar'izati0'
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ALCAR, L.L.C.
Agenda Items 3 & 4
Page 20
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DISC~9SURE,STATEMENT ]1
ADDITIONAL DISCLOSURES
LIst all known contractors or bUS1:leSSeS tnat have or w,1I provIde services ......Ith respect
to the requested prooerty use, :ncluding but not limited to the prov:ders of architectural
serv;ces, real estate ser'"ices, financial servIces, accounting serVices ,and legal
serv!ces: (Attach list if necessary;
CiarK-Nexsen Engineers
Sykes Bourdon, Ahern & Levy PC
p..,mencan Law Offices P C
88&T
Stokes Envlronmentai
Intermodal Englneenng
, Parent-subSldlary relationship means a relationship that eXists when one
corporation directly or indirectiy owns shares possessing more than 50 percent of the
votIng power of another corporation" See State and Local Government Conflict of
Interests Act Va Coce S 2,2,3101
, 'Affiliated busJness entIty reiatlcnship" means 'a relat;onshlp other Iha.,
narent-subsidlary relatlonshp, that ex'sts \vhen (I) one business entity has a
controlling ownership Irteres: In the other bUSiness ent:ty, Oi) a controlhng ~wner ,.,
one entity IS also a controlling owner 11 the otner entity or Ii II there is shared
management or centro! betvveen the bUSiness entltes Factors that sl;:ould be
conSidered :n determin'ng the eXistence of an afflhatec bUSiness en:i~y reiationship
include ttlat t~e sarre person or substanhally the same persor OVII"l or manage the two
entltles~ there are ccmrlcn or commlllg!ed fU'lds or assets, the bUSiness entities share
t!~e use of the same offices or employees or otherwise share activ't'es resources or
personnel on a regula~ casls or there IS ot;"Je,"'/'se a c!ose wOr!<;lng relatcorshlp
between the ent!tlEs See State and Lcca' Govemmep: Conf\:ct of Interests Act Va
Code ~ 22-3101,
CERTIFICATION: j certi~'.i that the informatlcn contair'\ec he'e:n IS tr.Je and accurate
! u.,derstand tha:, UDon receipt of noHlcatlon I postcard: that the app'icaticn has t)een
schedu!ed for pubhe hearing, I am ~espcns!ble for ob:a '11('9 a'1d posting the requ!red
sign on tr,e subject property a: least 30 days prior to tr.e s:::redu'ed publiC '1ear:ng
acr:o~d''1gt.9 I:1e lnsl~uC:lons In thiS package,
;\LCARi l.L.C
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ALCAR, L.L.C.
Agenda Items 3 & 4
Page 21
Items #3 & 4
A1car, L.L.C.
Floodplain Regulations
Change of Zoning District Classification
North side of Nimmo Parkway
District 7
Princess Anne
February 13,2007
REGULAR
Janice Anderson: The next matter?
Donald Horsley: Items 3 & 4, Alcar, L.L.C. An application of Akar, L.L.C. for a Variance
to Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located on the
north side of Nimmo Parkway, approximately 910 feet west of Rocking chair Lane. An
application of A1car, L.L.C. for a Change of Zoning District Classification from AG-l and
AG-2 Agricultural Districts to Conditional R-7.5 Residential District on property located on
the north side of Nimmo Parkway, approximately 910 feet west of Rockingchair Lane,
District 7, Princess Anne. Mr. Bourdon?
Eddie Bourdon: Madame Chair. I apologize to the Commission. I've got a cold, and I'm
taking some medication. Hopefully, I'll be able to make it through this thing without
sneezing on anybody. For the record, my name is Eddie Bourdon. I'm a Virginia Beach
attorney, and it is my pleasure to corne before the Commission this afternoon representing
the applicants for the proposed Nimmo's Quay. With me this afternoon is Mr. Alan Resh,
one of the principals for A1car, along with Mr. Joe Bushey, Project Engineer with Clark
Nexsen in Virginia Beach. This project has quite a history, and I will take a couple of
minutes to review some of that history with you. First, let me thank City staff, Mr. Whitney,
Faith Christie, Mr. Bill Johnson in Public Works, Ric Lowman and Tabitha Crowley in
Traffic Engineering for all of their diligent efforts in working with us, and most particularly
with the engineering staff at Clark Nexsen on this project. This is a proposal to create a low
density, high value residential subdivision consisting of no more than 132 homes on a parcel
containing over 112 acres. Of the 112 acres, over 73 acres are developable under the City
development ordinances, and all requisite permits for Army Corps of Engineers are in place
for some minor impacts to isolated headwater upland wetlands located on the undeveloped
and forested site. The proposed Nimmo's Quay, single-family residential subdivision will
have a density not to exceed 1.8 units per developable acre. The high quality attractive
homes which have been proffered are clustered together in a manner so as to maximize the
amount of open space surrounding the homes. Well over 100 of the 132 proposed home sites
have open space behind them. Lots of roads within the subdivision comprise only one-third
of the total acreage within the assemblage of parcels. Stated another way, two-thirds of the is
undeveloped open space. Of the acreage that is defined as developable, over a half of the
developable acreage remains open space with this community. Exhibits that I have provided
to each of you, and you all have them in front of you, which you should have received this
morning demonstrate that this is the last remaining undeveloped tract of land in this entire
Items #3 & 4
A1car, L.L.C.
Page 2
area. The property is located south of Castleton and south of the section of Pine Ridge. It is
located west of Hunt Club Forest and west of the section of Southgate. Along our southern
boundary is Nimmo Parkway Phase V-A, and south of Nimmo Parkway is the Princess Anne
Woods residential subdivision, and the Southgate neighborhood. Again, the last remaining
tract in the entire area is this tract that is developable. Our Comprehensive Land Use Plan for
this portion of the city recommends development at residential housing densities not to
exceed 3~ units per acre. All of the communities which you see on these exhibits which
abut this property, on all the developable land around this property, have been developed at
residential densities ranging from over 3 units per acre to over 6 units per acre. The most
rezonings in this area are the rezoning approved for Royal Court Condominium, which is
actually called Chelsea Place Condominium on Princess Anne Road in May 2003, at 4~
units per acre, and the application for ACG on the Atlantic Garden Center property approved
by City Council last month at a density more than 10 times that of this proposal. As staff s
evaluation appropriately notes we are dedicating to the City of Virginia Beach 39 acres of
property as a conservation area, adjacent both to West Neck Creek and a contributory to
West Neck Creek and adjacent to Hunt Club and the north portion of Southgate. In addition
to that conservation area, there would be another 40~ acres of open space owned by the
Homeowner's Association. The vast majority of the open space area will be passive open
space buffering the development from Nimmo Parkway to the south and all of the existing
residential home sites, which directly abut this property on the northern and eastern
boundary. If you look at the exhibits that I passed out, there are a total of 65 single-family
residential homes which directly abut the property lines of this property in the neighborhoods
that I referred to. With this plan, open space, open space that is on this applicant's property,
will abut the rear of each and every one of those 65 single-family homes. Some of you may
recall on September 2003, a plan similar to this one was before this Commission, and this
Commission unanimously recommended its approval, as did the Planning staff at that time.
Unfortunately, that plan got caught up in the Virginia Beach Land Use equivalent of a
Tsunami. The OPNA V earthquake, which created the BRAC tidal wave, and after waiting
nearly for three years for all the ordinance changes to be adopted after JLUS, my client's
application went to City Council in June 2006, with their prior plan, a plan that was
consistent with the adopted ordinances changes under JLUS, however, the application was
denied on a 6 to 5 vote. Your staff has correctly stated in the evaluation that the reason for
the denial was the fact there was approximately 50 lots, portions of 50 lots located in the
northern portion of this property, next to all of these homes in Pine Ridge and Castleton.
That area is in the 70 dB Ldn noise zone. It was our contention that there was no other
reasonable use for the property and that therefore, the request was consistent with all
ordinances adopted in response to OPNA V and JLUS and thus approvable. As you are all
aware, that didn't take place. As you all have seen play out of the course in the last number
of months the Navy and the City were still not on the same page in regard to the wording of
the ordinances, although we thought they seem clear enough. However, the process is finally
born through. And with the adoption of the revisions to our ordinances setting forth the three
sub-areas, it is absolutely and positively crystal clear that by removing the proposed unties
from the 70 dB Ldn noise zone, and compacting this develop in the area below that contour
line, we are now consistent with all aspects of the Comprehensive Land Use Plan and the
development guidelines adopted in response to OPNA V, BRAC, and JLUS. As you are also
Items #3 & 4
A1car, L.L.c.
Page 3
aware, my client has proffered to construct two lanes at Nimmo Parkway from its current
terminus point at the fire station to the entrance of the property with the development of
Nimmo's Quay. That will line up with Seaboard Road and its extension. The road section
will be developed consistent with all the VDOT requirements for this two lane portion of the
parkway. I do believe it does include a bike path, Mr. Crabtree. In addition, the applicant
will have to construct a sewage pump station associated with this project. It is important to
note that and understand that your professional staff has fully explained in the write up the
redesign of this development has been done to avoid constructing homes in the 70 and above
dB Ldn. But that has dissipated some additional some floodplain modification over that
provided in the former plan. As I previously stated, on the application when it came through
before, my client and our engineers are completely aware of and thoroughly familiar with the
deficiencies that exist in the engineering of both Pine Ridge and Lake Placid subdivisions
where homes are built at elevations below the actual floodplain elevations. As all of you are
aware, the current floodplain requirements are very stringent and none like any other
application that this Commission has ever dealt with in the past. We have actually done a
comprehensive stormwater management study, a swim analysis of the entire area in advance
of moving forward with this zoning application. This stormwater analysis, which costs tens
of thousands of dollars, has been done prior to this rezoning. It has been completed. It has
been given to your staff a number of months ago. We have met with your staff. They had
time to thoroughly review it, and they are very comfortable, as are we, that this development,
if approved, will not have any discemable negative impact on stormwater retention and
flooding issues in this area. None at all. In fact, there would be benefits associated with it.
Our plan for this property involves some minor filling of some floodplain as described in the
staff evaluation. And we will also be lowering the elevation of significant portions of upland
open space areas on the site to mitigate for these impacts at 100 percent mitigations. Also
note that the minimal floodplain filling that will occur on this site, all to be mitigated on site,
is less than one-third the floodplain impacts of Nimmo Parkway Phase V-5. It is
unprecedented that an applicant would spend the monies that have been spent on doing this
stormwater analysis in advance of a rezoning of the property. However, as I think everyone
can relatively see, there are no other reasonable uses for this property consistent with our
Comprehensive Land Use Plan, and the City's goals for maintaining high residential land
values. Again, we greatly appreciate staff having spent the time and effort working with us
and reviewing all of this information provided on the stormwater analysis. In conclusion,
this application represents a rezoning for residential development with unprecedented open
space and undevelopable land for a portion of the city above the transition area. It represents
a residential density at half recommended by the Comprehensive Plan and less than half the
density of most of the existing residential development. The applicant has proffered
expensive investment of an infrastructure that far exceeds anything that has been required or
provided for any past developments in this area including those most recent residential
rezonings in this area. Finally, in addition to our appreciation to your professional staff, I do
want to express appreciation for the fact that this whole process has finally brought a little bit
of clarity to the 65 to 69 dB Ldn noise zone. We do appreciate the Department of the Navy
consent obtained through the MOU process that this proposal fully meets the criteria in the
zoning ordinance for Sub-Area 2. As requested by the MOU committee, we will gladly add a
proffer which states that which the proffered plan already makes clear, and that is there will
Items #3 & 4
Alcar, L.L.C.
Page 4
be no homes constructed on this property in the 70 dB and above noise zone. We're also
amenable to adding a proffer to the current which requiring sodding in the front yards that
they be sodded in the side yards as well, back to the rear of each home. And we also will be
glad to add a proffer confirming that the existing Seaboard Road shall not be utilized as
access to this property for any development or construction purposes by any party associated
with Nimmo's Quay. We respectfully request that you favorably recommend this
application. I'll be happy to answer any questions. Thanks for the little extra time. I
appreciate it.
Janice Anderson: Sure. Are there any questions for Mr. Bourdon right now? Thank you.
Who is our next speaker?
Donald Horsley: Our next speaker is Jeff Trenton?
Jeff Trenton: How do you do. Jeff Trenton. I live in Castleton and at one time was the
liaison with the Navy AICUZ folks and Castleton. I'm speaking against the proposition.
They made an improvement over the earlier versions, but I'm speaking against it, and
reflecting the views frankly of the folks in Castleton and Pine Ridge that I've talked to. The
first issue that comes is that they didn't give us any notices, which isn't to say there was
nothing at all posted about this development, which of course affects a lot of people. The
people who border the property got letters, but most people, of course, who are not going to
be affected because there are 132 houses have no notice of this meeting. So, what does that
do? The first thing they start thinking is "oh well, that is the old Planning Commission's
tactic". They're trying to slip this thing by us. That is the stance they take because the
Planning Commission only does what the voters want and they really don't want the
homeowners to interfere.
Janice Anderson: Mr. Trenton? They're not required to give written notice. I believe this
application has been publicized, and it is in the paper, and I believe, Mr. Bourdon, haven't
you visited the civic league before?
Eddie Bourdon: If I could? We actually sent out notices to the president of the civic league.
We had a meeting with all the civic leagues in August 2007, on this specific plan at the
Princes Anne Recreation Center. We got held up because of the process of amending all the
ordinances. But this plan was provided to the civic leagues of those communities that I
mentioned. Notice was sent to all the presidents, and we had a meeting at Princess Anne
Recreation Center.
Janice Anderson: Okay. Thank you. Mr. Trenton, that is not the policy of the Planning
Commission is try to sneak anything by. It is publicized in the newspaper. There are signs
on the public right-of-ways that it abuts, and the adjoining property owners to do get written
notification.
Jeff Trenton: The adjoining property owners do get written notice, but there are no signs
posted, which is why I got this flag from the homeowners. There were no signs posted. A
Items #3 & 4
Alcar, L.L.C.
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meeting takes place in August. This is a long way from August so people are not really aware
of what's going on. I think that is the conviction of folks in the area. Yes. They did not
know. Most folks did not know about this. August was a long time ago. The first is the issue
of the notice of the meeting. Also it was mentioned that the Princess Anne movement, there
was a little bit coordination with the builder on how the trees should look, and what should
be done with the trees, and the homeowner's interest. Again, Mr. Bourdon might have
different information, but the folks that I talked, who again border the development, had no
knowledge of being consulted about what should be done or what the development looked
like or how the traffic is going to flow. And, I'm glad that he mentioned the water abatement
issues, but that is certainly is a big consideration for the people in the area, because we know
that area is very wet. It is always wet. And that has come up in prior City Council meetings.
The last thing that I would like to report is that we made a point very clear. This is the last
remaining tract of woods, the last remaining tract of woods. Everything else has been built
on. My impression as I drive along London Bridge or even down Red Mill Commons is that
everything is built on. All the trees have been tom down. Frankly, the nature of the
neighborhood in the area has been destroyed. What you have is a lot of building, and the
folks that I talked to, too much building. It is really not justified. And somewhere along the
line we expect the Commission to say, "Hey, let's retain some better green areas that are
essentially located", so that Virginia Beach doesn't look like Levittown, New Jersey. And,
when you destroy these woods, there is a deer family that goes across there. There are red
foxes. And, I mean, if anything, hopefully we could preserve that because that is part of the
nature of Virginia Beach.
Janice Anderson: Thank you. Are there any questions for Mr. Trenton? Thank you sir. The
next speaker?
Donald Horsley: Doug Harrison.
Janice Anderson: Welcome.
Doug Harrison: Hi. My name is Doug Harrison. I am a homeowner and a lot directly
adjacent Hunt Club. I believe it is lot 48, which is right where the floodplain line, where the
proposed drawings that they have come. I moved down here a couple of years ago from
D.C., where the development has been overwhelming knocking down all the natural areas,
traffic issues and all that.
Janice Anderson: Can you use that little pointer?
Doug Harrison: I would be right here. So, when we came down and moved to Virginia
Beach, we bought this property, that it was protected wetlands, so we bought it specifically
for that land back there. I agree with what everybody has been talking about, the natural
area, the deer and all that. But what I'm really concerned about as a homeowner is the
floodplain issue. Because right there going through my lot towards this property is the
drainage creek, which has increased in its flooding onto its adjacent properties. Just in a
couple of years that I've been there, in my opinion as a floodplain manager, from the
Items #3 & 4
Alcar, L.L.C.
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building that is going on in London Bridge, just to the north of there, I have on several
occasions, the water and storms come right up to my deck. I'm concerned about any new
development happening. I haven't seen the floodplain studies for this, but I'm very
concerned that this is going to come right up to my line, because I am right on that line that
you see there. I'm at a loss as to why we were just here a year ago. There was overwhelming
lack of support from the neighborhoods. We had dozens of people come here and say, we
don't want this for various reasons. Most of which had to do with flooding. It was not
approved by one vote and here we again, another year later. I remember where it was no
other viable use. And, know we are talking about it during the work day when only a couple
of people from the neighborhood can show up. This is costing me money to come.
Janice Anderson: Well, thank you for coming down Mr. Harrison. It will be in front of
Council next month, I believe.
Doug Harrison: Next month?
Janice Anderson: Yes sir. And that will be in the evening.
Doug Harrison: Alright. Thank you.
Janice Anderson: Thank you. Are there any questions for Mr. Harrison? Thank you sir.
Donald Horsley: The next speaker is Jack Reich.
Janice Anderson: Welcome.
Jack Reich: Welcome. Thank you. My name is Jack Reich. I live at 254 Piney Bark Drive,
just a couple of doors down from the gentleman that was just up here. My concern, and it
has been a concern since the beginning of Alcar, and I think the people, before him who was
trying to develop on this site is flooding. Just a little bit of rain that we had today came up
almost two feet in a creek back there. Okay? A couple of years when we had a good storm, it
was up over the edge coming up onto my property. My property goes right to the creek, but I
mean it came up four or five feet. Okay? That canal back there cannot handle it. They built
Castleton it got higher. Now, with the construction going on the other side of London Bridge
Road, they put all drainage pipe in under London Bridge Road over into the Castleton side,
and I'm sure that is going to dump into that canal too. That is its only exit. It can't handle it.
We're going to end up losing our houses, or our houses are going to be damaged. Our
property is already being damaged due to a small rain like we had today. Okay? It is coming
back, coming back, coming back. I brought it up before. They told me they were going to
come and take care of the canal, clean it up and everything else. This is 3 or 4 years.
Nothing has been done. Two weeks ago, there were six or seven people back in the woods
cutting some brush down on one side. I don't think it was Virginia Beach people. I think it
was other people to do with the builder, the person who wants to build. I really don't know. I
know Virginia Beach came out, knocked on my front door, said they wanted to go look at the
canal. I took them back through my yard and showed them. I showed them where the issues
Items #3 & 4
Alcar, L.L. C.
Page 7
were. I told them that the canal can't handle it. I don't know ifthere is blockage down the
canal. I don't know what it is, but it can't handle the tremendous amount of water that comes
into it now, much less anything else being built.
Janice Anderson: Thank you Mr. Reich. Are there any questions for Mr. Reich? Thank you
SIr.
Donald Horsley: Our next speaker is Dan Schweiss.
Dan Schweiss: I guess I just wanted too. I'm Dan Schweiss by the way.
Janice Anderson: Thank you sir.
Dan Schweiss: I guess I just wanted to add to what has already been mentioned about the
water problems. r live on Windy Pines Bend. I'm on the north side of the street, the first
house in from Pine Ridge. There have been times after heavy rains where Windy Pines Bend
is impassible because the water is just too deep. It is up over the curb. And, a lot of that
water ends up on my property. There is a little wood line between me and the first house in
Pine Ridge. There are times that I can't cut the grass on that side of my property until
probably late Mayor June because of all of the water that has been standing there from the
spring rains. It is just too muddy to go back there, just for me walking, let alone pushing a
lawnmower. And, my one neighbor, one time here probably about 6 to 8 months ago, was
nice enough to call the City. I don't know who he talked to about the standing water problem
at the edge of my property, and a couple of City trucks did come out, and I went out to talk to
them. What they were planning on doing was picking up about five slabs of the sidewalk
that goes in front of my house, and put down a higher sidewalk. I told that that is not the
problem. The problem is there is no sewer here to get rid of this water. So, they were going
to raise the height of the sidewalk to keep the water in my yard instead of helping the water
leave. And, what really bothers me is that when he said "well, we weren't told anything
about a sewer requirement" but probably early last fall, just two houses up from me, the City
came out and put a sewer in. And, he might have had a problem up there. I don't know, but
my lot is probably in the lowest part of the street. My lot ends where it goes into Pine Ridge,
so we really need a sewer there very badly, but the two gentlemen that were out there from
the City said, that should have been put in by the developer, and that is all they say. They
left. They never bothered me any more about raising the sidewalk to keep the water in my
yard. What the possibility is about getting another sewer in that location, because it is
definitely needed especially after a real heavy rain, the water sits there on the street. There is
no place for it to go so it has to evaporate. So, that is my point that I would like to make as
far as the water problem in that area.
Janice Anderson: Thank you for coming Mr. Schweiss. Maybe you can contact Public
Works directly, and see if there is anything they can help you with?
Dan Schweiss: Okay.
Items #3 & 4
Alcar, L.L.c.
Page 8
Janice Anderson: Are there any questions for Mr. Schweiss? Thank you sir.
Donald Horsley: Are next speaker is Linda Miller.
Janice Anderson: Welcome ma'am.
Linda Miller: Thank you. I'm Linda Miller. I am a resident of Pine Ridge. As a matter of
fact, I will show you, I live right there. I've been a resident of Pine Ridge for years. I was in
another house in Pine Ridge in the center of it, and the drainage problem was huge. I moved
to that area thinking that across the street and down the block, thinking that because of the
woods I would have less drainage problems. When they put in Castleton, their drainage
problem were huge, and it made ours huge. I mean, that whole corridor has drainage
problems. Lake Placid has huge drainage problems. Now, they're building on the other side
of London Bridge. And, it just keeps getting worse. I've already heard someone in here say
that it was built to low. Well, building around it doesn't help that problem, it exacerbates
that problem. And, the drainage ditch, as these other homeowners have said, is already
overloaded. That is one issue. That is a huge issue. It is a huge issue for the quality oflife
for the existing people who own homes in these areas. We all knew that, yeah we can buy by
woods someday, it could be developed, but at what cost to your property? And, our schools
are getting overloaded. I heard the last proposal they said, that is only 24 kids. And, each
guy gets up here and tells you that it is how many in this one, 200, if there is two per
household, and 24 here, and 10 here. Go down and talk to the schools and see if they're
overloaded. And they are. Who does that affect? That affects the existing residents and the
quality of education that we all moved here for. When I moved to Virginia Beach 35 years
ago, part of it was that it was such a beautiful city. Now, as I said, I could live in
Pennsylvania, except in Pennsylvania there is still green out farther. But you know, we have
such little precious green area left. We heard the developer say that this is the last area. This
is the last one in this section. You know, I sit in my house at night and I can see the deer. I
mean I have a privacy fence and I have to peek over and look through the thing but the deer
are there drinking from the creek. Now, you know, developers don't care. I know that
society has to move on, but is there no room to have a balanced city? And, to say, well you
know that we want to keep up the values of the homes. I agree with that. But it looks like
we've done a lot of great development and the homeowner's prices have gone way up.
When I moved down the street, I paid over 200 times then what I paid for my house
originally, the first house that I had. Over 200 times, about 300 times. Now" we're getting
the city so developed that young people can't buy. The schools are suffering. What about
the roads? How is traffic for anybody that lives in this area coming out of your house? It
used to be a nice place, I'll run down to the store, now you're like, I'll battle 15 minutes. I
got to get 15 minutes out of my house before I start my commute to work. And, at some
point somebody is got to say, "Where's the balance"? And, the flooding is huge.
Janice Anderson: Thank you Ms. Miller. Are there any questions for her?
David Redmond: How long did you say you lived there?
Items #3 & 4
Alcar, L.L.C.
Page 9
Linda Miller: I have lived in this particular house two years. I've lived in the neighborhood
for probably 12.
David Redmond: Thank you.
Donald Horsley: Our next speaker is C.E. Akamiro.
Janice Anderson: Welcome sir.
C.E. Akamiro: Good afternoon. My name is Mr. Akamiro. I live almost across from Mr.
Schweiss. I'm speaking in opposition to this project for various reasons. As far as the
lawyer for the applicant, he told Planning Commission that this is the last undevelopable
area. We had a deer population in that area. What am I suppose to do about the deer? Are
we supposed to line them up and kill all of them? My second point is the flooding. I moved
to that area about 4 or 5 years ago. I would assume that when your developer came before
the Planning Commission he presented a great work. He probably said Public Works
approved it, the engineers approved. Everybody approved it. However, after I moved, I
bought a house and moved in, the streets were flooded. I didn't know what was happening. I
came to the City Public Works and guess what happened? They gave me the run around. I
go to this office and they say to this office, and now go to this office, now go to this office
and now they say go to this office. We're hearing the same things here today. It is different
works. The engineer said they are satisfied with this plan. I'm a civil engineer myself so I
know what I'm talking about. I have flooding problem. My driveway is a mess. It is
discolored. I don't know what's happened. I called plumbing people to come and tell me
where the water is coming from. Up to that, I didn't know where the water was coming
from. Now this is a floodplain. I'm looking at the paperwork I picked up on my way down
here. The total acreage is 112. Out of that, the total safe area including the floodplain is
66.2. Over 66, that is more than half. The lawyer told us about half. It is way more than
half in the flood area. Now, Castleton and Pine Ridge is built below the floodplain. Okay.
The proposed development is going to fill some areas which means Castleton is here, then
they're going to fill the other side which is going to aggravate the flooding problem at it is
right now. It is going to make it worse. Okay. It is going to make it worse. We talk about
schools. We talk about transportation. They told us they have plans to handle that. A few
weeks ago, I was going to work in Norfolk, I came out of Pine Ridge to join London Bridge.
The traffic was backed up. You go past to my left on London Bridge, all the way to Dam
Neck Road just to get out from there to pull over 30 minutes. I was late for work. We were
talking about the timing for this meeting today. I have to take offwork to come here. It is
not a time that is convenient to people who are working to make a meeting to pay for their
homes. Homes are expensive. And when you have flooding problems it reduces the value of
your property. Right now, I got the runaround when I went to the city for help. So, this plan
as proposed is similar to what Alcar has been presenting over the years. They have come
before the Council in 2000,2003,2006 and perhaps twice in 2003, September 10,2003,
August 10,2003, March 28,2006, and June 13,2006. This is the last developable site. Why
don't we just leave it? The City of Virginia Beach is not happy. The homeowner as part of
the drainage is concerned.
Items #3 & 4
A1car, L.L.C.
Page 10
Janice Anderson: Thank you Mr. Akamiro. Thank you for coming down. Are there any
questions for Mr. Akamiro? Thank you sir. We appreciate you coming.
Donald Horsley: That is all the speakers.
Eddie Bourdon: Thank the folks who have come down this afternoon. As far as balance is
concerned, this represents balance. The number of acres, 79, that are preserved open space
with this development exceeds the number of acres in every single one of the surrounding
developments. The amount of acreage in open space that would remain with this
development exceeds the total acreage of every single one of the other neighborhoods.
Those neighborhoods, they may have 5 or 10 percent open space, if they have that. This
neighborhood has over 50 percent open space. A full scientific study of this entire sub region
has been done and it shows what most of you know, and have heard this all before, when
Pine Ridge was developed inaccurate information was utilized. A lot of those homes are
built, as you can easily see from the overall map, there are homes in Castleton, Pine Ridge,
and in Hunt Club and Southgate along the property line, they were all built in the floodplain.
Because the floodplain just didn't stop at the property line. We preserved all that floodplain
adjacent to all those properties, and we are creating new capacity with this application that
will significantly benefit in many instances, not in every single one. Some are neutral and
others are beneficial. These drainage problems already exist. Most of that new capacity
created in this area here and another area here. That is shown on your mitigation plan that
you have in your package. The studies were done scientifically and not anecdotally. There is
a ditch that runs through the middle of the houses that back up to this property in Hunt Club.
That ditch is totally on their piece of property. We're not adding any water to their ditch on
their property. It cannot happen and it will not happen. School population is going down.
As we know, this project is going to take place over quite a number of years, and again, the
school population issue really, I think everyone really, I think everyone understands is not a
long term issue or a problem at all. The area behind all of these homes will remain as
preserved open space. Not one home will abut one home in this community. Unfortunately,
some of those lots, and especially in Pine Ridge, are below floodplain. They are all filled
floodplain. Long before we had all the data, all the information, the swim analysis that is
done now has been done here. They weren't available and they weren't done then. This
piece of property is to carry that burden and carrying it in a very, very balance manner. You
can't compare us to any other development around it. It far exceeds it. The deer and all
other wildlife will have 79 acres preserved as open space, plenty of room for all wildlife to
continue. That didn't happen with all those other developments, Pine Ridge, Castleton, Hunt
Club and Southgate. Princess Anne Woods is a little bit different story. Luckily, I had
something to do with that one, and there is a lot more open space with Princess Anne Woods
that was preserved. They didn't build as those other neighbors did, a lot of it in the
floodplain.
Janice Anderson: Any questions for Mr. Bourdon? Jay?
Jay Bernas: There are two things here. There is a change of zoning and a floodplain
variance. I think one of the resounding things from the neighborhoods was the issue of off-
Items #3 & 4
Alcar, L. L. C.
Page 11
site impacts to stormwater. I was wondering if your engineer could address that specifically,
and talk about the floodplain analysis that was done, and how it impacts the adjacent
neighborhoods? Like you were saying, you had different areas in that you note that the
existing site will have BMPs tenure quality. Could he address some of those issues so that
the other residents can hear how the analysis was done?
Eddie Bourdon: I'll make the effort, and Joe is here, and he could talk as well. The reality as
you all understand, and maybe some of the public doesn't, is that our ordinances have been
revised significantly since these neighborhoods, except Princess Anne Woods, were
developed. We have to retain our stormwater on site in storm water retention ponds that are
in the high portions of the site and not the floodplain portions of the site. So, as to withhold
those waters from a large storm event, so they're treated before they are released into the
stormwater drainage system, here we are doing all of that. Weare also lowering the
elevations of significant portions of the highland on this site that are undeveloped with this
development to create additional stormwater capacity, to hold stormwater from this
development, and it will also, the studies show, in a number of instances it will actually make
the situation better for the surrounding neighborhoods, that being Pine Ridge, Castleton,
Hunt Club, and Southgate. Okay. Because of that capacity we are creating, we will be
clearing out, to the best of our ability to do so within the environmental regulations, the
tributary of West Neck Creek that attaches to that ditch in Hunt Club that passes across our
property. And that is all within the conservation area, all within the area that is being
preserved with this application. This work has been done, and it has been excruciating in
terms of the time and effort that has been spent on it by this developer to make up for the
problems of the past. And, there is, unfortunately only so much that can be done for homes
that are built on lots that are still below flood elevation, which is the case on a number of
homes, especially in Pine Ridge. There is nothing that we can do about the fact that they are
below floodplain elevation. They were built and the floodplain wasn't filled enough. They
were mitigated, and this neighborhood, all those areas of the past are well aware of. We've
been doing this since 2002. Actually 2003 was the first hearing on this application. So, it is
totally known to everybody, staff and the whole world that this property is not and cannot
harm the stonnwater system that is out there. We have designed it so that it in many, many
instances, it will be positive, and in others it will be neutral, but there will be no negative
impacts on anybody else. The problems said some people already have, we can't solve all
those problems. But we are putting in all the BMPs. We are creating all the capacity for the
small amount of floodplain that we are filling on our site, and that new capacity is actually
above us, capture the water above us. So it doesn't create any problems with tail water on
these neighboring properties, and it does not. Joe is here if you want to ask him some
specific questions.
Jay Bernas: I've got a couple of them.
Janice Anderson: Go ahead Jay.
Jay Bernas: You got a number ofBMPs shown on the site plan and are they all falling into
the same location as where the other, like Castleton and Pine Ridge, wherever there is
Items #3 & 4
Alcar, L.L.C.
Page 12
stormwater management facilities, are they all discharging into the same creek per say? So,
you've looked at all the impact of all those as a system, and not just your site alone? That
was part of the analysis?
Joe Bushey: Yes.
Janice Anderson: State your name first.
Joe Bushey: Joe Bushey.
Janice Anderson: Thank you.
Joe Bushey: And yes. We took the City's model that models the entire watershed and
plugged our drainage system from our ponds into that model. We even did some preliminary
sizing of these BMPs. We looked at the outfall structures and did some preliminary design
of those as well and plugged those into that model to evaluate.
Jay Bernas: So, in that effect, just :from an engineering perspective, I guess for everyone
else's benefit, you size the BMP such that it is not discharging allover the place. It's got to
retain a lot of that stormwater before it discharges. I think the creek and if the tail water
backs up into the some subdivisions, I think is where they are having a lot of their issues.
Not to mention their elevations. So, those are all the things that were included in the model.
Joe Bushey: Right. Our model had to take into consideration the tail water effect and how
the discharge from our ponds would be impacted by that tail water. To be honest with you, I
think that is something that wasn't taken into consideration when parts of Castle ton were
developed.
Janice Anderson: Are there any other questions? Thank you. Barry?
Barry Knight: Mr. Bushey? We're familiar with the drainage and floodplain, wind tides that
are associated with this. A lot of times when you get the rain and the south wind, and you get
some water backed up, it heads up in there. Then you have a one or two inch rain water
event, the water can't get out sometimes down stream because of downstream drainage. In
your analysis, I know you've looked at the surrounding neighborhoods and this particular
piece of property, have you gone down stream or to the south, I presume it is, to check out
this creek to see if there are trees or snags or anything that is in the area? We that live in the
southern end of the city, we deal with this all the time. We know when we clean out our
farm ditches, you don't clean out the farm ditch, you go to the headwater and work your way
back. So, I didn't know if you checked any downstream drainage, which Idon't know if
that is your responsibility or not, but to see if there were any impacts to the drainage on this
major creek.
Joe Bushey: I have not personally gone downstream and looked at whether or not there were
any blockages. But that is certainly something that we can do when we move into the
Items #3 & 4
Alcar, L.L.c.
Page 13
engineering and subdivision plan phase of it, especially if is going to impact the drainage and
the development.
Barry Knight: Because we have certain watersheds down there. We have Nanney's Creek,
Mill Dam Creek and West Neck Creek. They are all major in there, and we're looking at the
impacts of them right now. And, a lot oftimes you have to get Corp approval in there to go
in there and dig, but you don't need Corp approval to go in there and snag these trees out that
are across the ditches that impact it. Sometimes a solution will require some manpower, but
not any tremendous amount of manpower.
Joe Bushey: I agree.
Barry Knight: I would encourage you to go downstream and check that. Just take a walk
one day.
Joe Bushey: Okay.
Janice Anderson: Are there any other questions for Mr. Bushey? Okay. Thank you sir.
Joe Bushey: Thank you.
Janice Anderson: Any further questions for Mr. Bourdon?
Eddie Bourdon: If I could? Since Castleton corrected its structural issues and some
blockages in there, storm drain system about 7 or 8 years ago, there have not been to
anyone's knowledge, city, state or FEMA officials, any claims for flood damage to any
properties in this area. The fact is that during a heavy storm event in this part of the world
where things are flat, it is all design, even the correct designs so that for a temporary period
oftime, you're going to have water in the streets. That is where it is suppose to go. And
water in the yards. That is where it is suppose to go, not in the houses. And, we do
recognize there are problems in some of these neighborhoods. We have fully cognizant of
that as is your staff, and the extent of work that has been done here. Again, it is
unprecedented to make sure that there will be absolutely no problems created by this
development, and again, there will be some benefits accrued from this project.
Janice Anderson: Mr. Horsley?
Donald Horsley: Did I hear you say that there have been improvements made in Castleton?
Eddie Bourdon: Correct.
Donald Horsley: I remember years ago that this was a big problem.
Eddie Bourdon: Right. Well actually including the fact that when Castleton was done Mr.
, Horsley, this area right here had been made into a BMP. It was a road into this property.
Items #3 & 4
Alcar, L.L.C.
Page 14
This property was supposed to be developed with that road and it turned it into a BMP to
correct some of the issues there. They also had some blockage during construction in the
stormwater management system wasn't working like at it was suppose to. And those have all
been corrected. Again there have not been any flood claims. Once again, floodplain area is
low. When there is a storm, you're going to have an inch or two of water temporary until it
can all drain out. That is the reality of flat property in Virginia Beach.
Janice Anderson: Thank you. I'll go ahead and open it up for discussion. Go ahead Dave.
David Redmond: Thank you. I'm going to support this application. I have the same
concerns obviously that the neighbors do. But I also am persuaded that some very
comprehensive and complete work has been done. I do not think it is necessarily fair to hold
this development accountable for anything that might have happen in other developments,
which is not to say that we're all not all part of one big fabric. Weare, but there is something
that is probably outside of their control, and probably some things that are not their fault, so
therefore, in my view should not be their responsibility. I'm persuaded by that. I do think
that everybody when they look at something and says, "Gosh, this is a beautiful scan of trees.
This would be a nice place to have a home", and don't really look forward and recognize that
sometimes that the scan of trees we're looking at belong to somebody. It belongs to
somebody with plan for it. That is all right and proper where private property prevails.
We're not compelled to approve this, nonetheless from what I am able to read and see I think
this is very high quality development. I think it address these issues as best as they can be
addressed in an imperfect world. Given the applicant's effort to try and comply with some
conditions, mainly the BRAC mandates that have come down the pike, I think we ought to
give a little bit of credit, where credit is due, for trying to design a project around a very
difficult circumstance and requirement, which is those restrictions of the higher noise zones.
So, I support this request, and I suspect in the end it will probably be a beautiful place to live.
Janice Anderson: Thank you Mr. Redmond. Is there any other discu~ion? Don?
Donald Horsley: I just want to concur with what Mr. Redmond has said but also remember
back several years, and I guess when I was on the Commission many years ago, that we had
complaints about the drainage in these other developed areas. I think now through the
process ofleaming, by making mistakes, that we can fix a lot of our ordinances, and changed
a lot of engineering practices that make this development more appealing to us. Several years
ago, we probably wouldn't have approved it because we couldn't be able to drain properly.
But, being from the southern end, as Barry mentioned awhile ago, we are very conscience of
drainage. Last year we could have used a little bit more water. We didn't need any drainage
last year. We will need it before long. You got to keep it up. It is just important to drain
housing project as it is to drain farm fields. So, this is just one of the barriers that we have in
this area. When you're flat lands with ditches, when you fill in ditches and do certain things,
we have to make other arrangements to get rid of water. I think the applicant has done that.
Over the years as they tried to develop this property, nobody, I don't think has approached
them to try to secure this property so they wouldn't have to develop it, and I don't think
anybody has approached them to buy it or maybe not with a very attractive offer anyway, Mr.
1,1
Items #3 & 4
Alcar, L.L.C.
Page 15
Bourdon, but we would all like to see things remain the same, but as a matter of fact, things
can't remain the same. We changed the ordinances over the years to increase open space so
knowing the deer population like I do, there will be plenty of deer left in this area with this
amount of open space that is left for the people to see. You might be able to see them better.
So, with that I'll make a motion that we approve this application, both 3 & 4.
Janice Anderson: Thank you. Barry?
Barry Knight: I'll second Don's motion agenda items 3 & 4. Also, add that if the
stormwater analysis is shown that there will be no negative impact on stonnwater of any of
the surrounding neighborhoods, and on some of them there will be neutral and some of them
will be positive. I think that goes to show you that stonnwater is going to be a little bit better
ifnot any worse. And, also something that maybe wasn't brought up but was brought up in
the informal session is this project doesn't appear that it is going to be built until Nimmo
Parkway is built by the City unless the developer cares to build Nimmo Parkway himself, and
he can't build that himself until he gets the environmental permits in his own name. And
knowing how the regulatory agencies work, it is going to be a few years for that; so, best case
scenario, I don't see construction starting on this for a couple of years. When you get
Nimmo Parkway through it ought to help the traffic situation a little bit, and also on the
school demographics where were having fewer and fewer students going into the schools. By
the time you finally get some houses built and you get some people moved in, I don't think it
is going to negatively impact the schools either. So, like I said, I did second the motion from
Don Horsley.
Janice Anderson: Thank you. Mr. Horsley, the applicant mentioned additional proffers that
might be agreeable. Would you be agreeable in your motion to add these additional proffers?
Donald Horsley: Yes ma' am.
Janice Anderson: About the no construction, the construction access will not be Seaboard
Road. Okay. And there would be sodding in the side and front yard, and there will be no
houses located in the 70 to 75 noise zone.
Donald Horsley: We can make that recommendation but that will have to be approved in the
form of an approved proffer.
Janice Anderson: That is correct.
Bill Macali: The second would have to agree to it.
Barry Knight: The second concurs.
Janice Anderson: The second agrees to those. We have a motion. We're open for the
question. Is there any further discussion?
Items #3 & 4
Alcar, L. L. C.
Page 16
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATISAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
EtUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved the applications 3 & 4, Alcar, L.L.c.
with the additional proffers.
Eddie Bourdon: Thank you very much.
Page 1 ofl
Faith Christie
From: Ed Obermeyer [edobermeyer@cox.net]
Sent: Tuesday, February 12, 2008 5:22 PM
To: Faith Christie
Subject: ALCAR and the Plan council meet
Faith: I am a resident of Castle ton at 2409 Autumn Leaf Court and will be facing this new
development. I teach school and can't get leave to attend the meeting but I asked my brother in laws
advice as he has been an architect most of his 58 years and he has some sound advice worth hearing on
the topic of the Clarke N exen proposal. This is what he had to say on the issue after I sent him the
proposal:
First - Where is the hardship? The property is a sensitive wetland that the
current zoning is designed to protect. Why
Change it to make a few individuals rich, while negatively effecting the
community in many ways. Zoning changes that have any negative impact are
not granted in New England. The land was bought and probably priced as
agricultural, if rezoned, seems to me to be creating unjust enrichment for
the applicant. Which of course everyone knows but are reticent to say!
Replication (Artificial Flood Plain Mitigation) often doesn't work, where
are the guarantees, the Bond? This is a ruse that developers use to get what
they want by making you think that what their doing will have no a negative
impact.
Sea level is going to rise 1,5 to 2 feet on the East Coast in the next 20
years, Does this plan take this into account? Don't think so. Your only
about 6 ft above sea level there.
School figures seen light. Is this a seniors only development or will homes
only be sold to gay, or sterile couples.
Why all the focus on the 10 year stonn? The 100 year stonn seems to hit
about once every three years or so, (possibly a function of global warming),
does this plan take this into account. Is the Anny Corpse of Engineers
involved? They have a great history of flood control mitigation failures, I
think you may have one here.
Is this developer the same guys that did your development? My recollection
is that you guys have a little site drainage water problem! How will this
new development effect an already intolerable situation for surrounding
existing neighborhoods.
The land for this proposed development in its entirety acts as a stonn water
reservoir that buffers the effects of a 10 or lOO year stonn locally and
down stream. Sodded lawns, asphalt driveways, and paved roads will change
the character of the surface hydrology in a big way.
Those are my thought and ramblings.
Greg
I really think Greg hits home with the issue about sea level rising and this areas impact if developed, On another note, I am concerned
about the traffic quagmire that will result from this. On any good day, the roads are at a standstill in this part of the city since development
came first and roads later. Why can't they wait until Nemmo Pkwy is fully implemented so that more cars won't jam up already crowded
roads. Worse yet, these cars will be short cutting through Hunt Club, Pine Ridge, and Castleton at fast speeds. Those that don't live in our
community speed through ours fast to get home or wherever!
thanks,
Ed Obenneyer
2/12/2008
Page 1 of2
Faith Christie
From:
Faith Christie
Sent: Friday, February 08, 2008 12:50 PM
To: 'Barrangers'
Cc: Stephen J. White; Anita McCorkle; 'Joe H. Bushey'
Subject: RE: ALCAR APPLICATION FOR VARIANCE
Attachments: 03_Alcar_CRZ.doc; 03_Alcar_CRZ.pdf; 19_ALCAR_CRZ.pdf; 19~LCAR_CRZJetter.pdf
Please see my responses below. I've attached a copy of the staff reports for 2/12/08 and 6/13/06 for your use.
Please do not hesitate to contact me if you need further information.
Faith Christie, CZA, CBO
Planner, City of Virginia Beach
2405 Courthouse Drive, Room 115
Virginia Beach, VA 23456
757-385-6379
From: Barrangers [mailto:barran4@cox.net]
Sent: TuesdaYt February OSt 20089:01 PM
To: Faith Christie
Subject: ALCAR APPUCATION FOR VARIANCE
Ms. Christi,
I am emailingyou because I received a letter notifying me ofALCAR's application fora variance. I live in Pine
Ridge on Windy Pines Bend adjacent to the property in question. I am emailing you because I normally attend
these meetings but I will unfortunately be out of town on business the day the public hearing is scheduled. I
would like to ask a few questions and express some concerns that I have in regards to ALCAR's application. They
are as follows:
1) I attended the last council meeting and the meeting ALCAR (or at least their Lawyer) had with the
residents of Southgate at the Princess Anne Rec Center. Did ALCAR pull their application last time or
did the council disapprove? City Council heard and denied the request on 6/13/06. How did ALCAR's last
application conclude? The request was denied primarily due to AICUZ issues. Fifty-six of the proposed
132 residential lots were proposed within the 70-75 dB Ldn AICUZ,
2) What is the planning commission's recommendation to City Council? Approval or disapproval? The
Planning Commission will make their recommendation February 13, 2008. I can notify you on the 14th of
their decision.
3) How does ALCAR's current application differ from their previous application? Number or size of
building lots, amount of buffer space, etc...... The applicant is proposing the same number (132) and size
of lots (minimum of 7,500 square feet) and same conservation area. The subdivision design is essentially
the same as previously submitted. The buffer areas have changed (increased) due to the shifting of the
proposed subdivision on the site. All of the residential lots have been shifted south out of the 70-75dB
LON AICUZ noise zone.
4) Did ALCAR's last application propose R-7.5? Yes. The current on is and that is one concern of mine
since Pine Ridge is at least R-10 as well as most of the surrounding neighborhoods. Pine Ridge, as
we!! as Castleton, is developed at 3 dwelling units per acre (duac); Princess Anne Woods is
developed at 2.71 duac; Southgate is developed at 2.3 duac, and Hunt Club is developed at 6 duac.
The applicant is proposing 2 units to the acre therefore the proposal is in keeping with surrounding
densities. Anything smaller could impact surrounding property values.
5) Another concern of mine is the flooding, Castleton has a history of flooding and by developing the
land in question the problem could and probably will get worse, Pine Ridge, specifically my street
?/RnOOR
Page 2 of2
Windy Pines Bend had repeated flooding, sometimes to the point of water getting in to the garages and
under houses until the City funded a drainage project. This project consisted of digging a ditch
behind most of the houses on Windy Pines Bend and putting in a massive drainage pipe that
connected the street drains to the drainage canals in Hunt Club. This pipe has surface drains to
handle the excess water that occurs behind our homes after a heavy rain. I am concerned that if the
developer includes the drainage pipe right of way in the house lots these drains could be impacted
and not perform as designed. At the last meeting with the developer I requested and later called and
requested that a 30' to 40' open space buffer (were the drainage pipe is) between building lots be
considered but I received no response. If the application is considered I would request that this buffer
or right of way be considered in their development plan. The applicant has been working closely with
Public Works Stormwater Management (PWSM) to determine the best facilities for the site that will
not impact adjacent properties. PWSM has reviewed and conceptually approved the submitted
stormwater management plans. If the application is approved the applicant will have to submit
detailed stormwater management plans for review and approval.
I greatly appreciate any information or answers you can provide to address my concerns which will allow me to
determine if I wish to submit a fetter to City Council to be addressed at the hearing.
Thank you for you time,
H.F. Barranger
2400 Windy Pines Bend
?/RI200R
^, ~
1', n " , r' \ I - ' ,.",- <...
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2404 Windy Pines Bend
Virginia Beach, VA 23456-3954
February 6, 2008
=>EC"E< T"'{ 7ET
C\..' , ~1 V'i 1..
City of Virginia Beach
Planning Department
Current Planning Division
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, VA 23456-9040
(Re: 2/13/08 Agenda Items 3 & 4)
",',
FEB {} 3 2008
'Li\NrJING DEPARTME
Dear Virginia Beach City Council and Planning Commission,
Once again we are writing to make clear our opposition to the proposed application of
ALCAR, LLC. As property owners adjacent to the subject site, we strongly oppose the
application for a change of zoning classification from Agricultural to Residential for the
following reasons:
< Since 2002, the Navy has not supported the rezoning as it would be seen as
encroachment upon operations at Naval Air Station Oceana.
< Traffic will increase dramatically in an already congested area.
< Kellam High School is currently way over capacity.
< Drainage issues affecting our property have still not been addressed.
< The natural resource of mature trees and mature vegetation will be eliminated.
< The Comprehensive Plan identifies this area as a Natural Resource/Conservation Area
and states that land disturbance should be avoided, mitigated or in certain circumstances,
prohibited.
< More than half of the land is below the elevation of the 100-year floodplain level and
land disturbance and fill are restricted by the City's development ordinances.
< Extensive areas of wetlands would be disturbed.
In addition to the information included in our previous letters sent over the past five
years, including overcrowding of schools and roadways, encroachment upon operations
at Naval Air Station Oceana, and destruction of wetlands, we would like to mention that
the AICUZ zones and maps have not been updated since 1999 (see
https:/ /www.cnic.navy.mil/oceana/Programs/NavalStationDepartments/FlightOperations/
AICUZ/ AICUZ/index.htm).
The Oceana to Fentress fly zone is shown to the west ofus~ however, planes fly directly
over our house (this is not properly shown on the AICUZ map).
We invite you to bring a decimeter to our neighborhood to measure the noise levels. It is
impossible, in our opinion, to find the line that separates the 65 decibel level from the
70+ decibel level.
Please note that we are not complaining about jet noise, but rather want to make sure it is
understood that the levels noted in 1999 do not appear to be accurate in 2008.
Although we strongly oppose this rezoning request, if this project is approved, there
should be more open space between our property lines (along Windy Pines Bend) and the
property lines of the proposed development. At this time, the city has no access to storm
drains in this area. Although we continue to pay for city services, including storm water
management, we, not the city, have been maintaining the stonn drain behind our house,
keeping it free from debris so that the drainage from our property is somewhat bearable.
We brought up this issue at the Planning Division hearing in 2002 regarding this
application and were advised that the matter would be reviewed. Of course, if there is no
access available, it is difficult for this problem to be addressed.
In addition, the proponent should be required to fund and build four lanes rather than two
lanes of Nimmo Parkway. At least that way, the citizens of Virginia Beach could see
some minimal benefit. The existing two-lane roads in this area (General Booth/North
Landing near the courthouse and Holland Road near Kellam High School) cannot handle
any more congestion which would be caused by the addition of this development and the
many others already approved.
We are also concerned that a new high school has not been proposed and/or budgeted
knowing how overcrowded Kellam High School is. More than eighteen portable units
and having students eat lunch at 9:09 in the morning are not acceptable solutions to the
overcrowding problem.
As life-long citizens of Virginia Beach, we feel that our tax dollars could be put to better
use by improving City Services in this area which is vastly growing. It also seems that
most of our tax dollars go to fund projects at Town Center and the resort/oceanfront area.
These projects are of maximum benefit to the tourists that visit our city, but are of
minimal benefit to the citizens of Virginia Beach.
2
During a previous meeting concerning this property, it was mentioned that there was no
other reasonable use for this land. We disagree. Perhaps the City could purchase the
land and preserve it as "open space". Or, create a city park (like Red Wing), golf course
or new high school.
We respectfully request that you promote "open space" which has all but disappeared in
the city of Virginia Beach and DENY the application of ALCAR, LLC.
Sincerely,
J1JU-<~ .f
~{L
John & Angela Snyder
3
III
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6761
FROM:
DATE: April 30, 2008
~ L. Lille~ DEPT: City Attorney
B. Kay Wilso DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Alcar, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 13, 2008. 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/bm
Enclosure
cc: Kat~ Hassen
ALCAR, L.L.C., a Virginia limited liability company
JAMAST, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 1st day of May, 2007, by and between ALCAR,
L.L.C., a Virginia limited liability company, Grantor, party of the first part; JAMAST, INC.,
a Virginia corporation, Grantor, party of the second part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the
third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a certain parcel of property
located in the Princess Anne District of the City of Virginia Beach, Virginia, containing
approximately 48.27 acres and described as "Parcel One" in Exhibit",N' attached hereto and
incorporated herein by this reference, which parcel, along with Parcel "Two" and "Three" is
herein referred to as the "Property"; and
WHEREAS, the party of the second part is the owner of three (3) certain parcels of
property located in the Princess Anne District of the City iOf Virginia Beach, Virginia,
containing approximately 112.3 acres and described as "Par<~el One", "Parcel Two" and
"Parcel Three" in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels are herein referred to as the "Property"; and
WHEREAS, the party of the first part is the contract purchaser of the Property and
has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of
the Property from AG-1 and AG-2 to Conditional R-7.5 Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
PREPARED BY: GPIN: 2404-37-1633
~ SYKJ::S. ROURDON. 2404-57-3796
_Allum & lM.P.c. 2404-56-4943 (Portion of)
1
I II,
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantor's rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-7.5 Zoning District by the
existing overall Zoning Ordinance, 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 rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, 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 makes the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and 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, personal representatives, assigns, grantee, and other successors in interest or
title and which will not be required of the Grantors until the Property is developed:
1. When development takes place upon that portion of the Property which is to
be developed, it shall be as a single family residential community substantially in
conformance with the Exhibit entitled "CONCEPTUAL SUBDMSION PLAN OF NIMMOS
QUAY IN VIRGINIA BEACH, VIRGINIA", dated April 23, 2007, prepared by Clark-
N exsen, which has been exhibited to the Virginia Beach City Council and is on file with the
PREPARED BY, Virginia Beach Department of Planning ("Concept Plan").
113 SITJ;:S. ROURDON. 2. When the Property is developed, approximately 16,4 acres of open space,
61 AllrnN & 1M. P.c.
recreation areas, and parks as depicted on the Concept Plan shall be dedicated to and
2
maintained by the Property Owners Association. When the Property is developed,
playground equipment and neighborhood park improvements meeting the City's
Department of Parks and Recreation Standards shall be installed in the two (2) areas
designated "PARK" on the Concept Plan.
3. When the Property is developed, approximately 39 acres of land designated
as "Conservation Area" on the Concept Plan shall be dedicated to the City of Virginia Beach
for inclusion in the West Neck Creek Linear Park.
4. When the Property is subdivided, it shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions")
administered by a Homeowners Association, to which membership by all residential units is
mandatory, which shall, among other things maintain the Open Space areas.
5. When the Property is developed, as depicted on the Concept Plan, no
residential dwellings will be constructed within that portion of the Property lying in the
70-75 dB DNL noise zone.
6. All residential dwellings constructed on the Property shall incorporate
architectural features, design elements and high quality building materials substantially
similar in quality to those depicted on the five (5) photographs labeled "Typical Home
Elevations AT NIMMOS QUAY" dated December 12, 2002 which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning. Anyone story dwelling shall contain no less than 2000 square feet of enclosed
living area excluding garage area and any two-story dwelling shall contain no less than
2400 square feet of enclosed living area excluding garage area. The front yard and both
side yards, back to the rear corners of each dwelling shall be sodded when the dwelling is
constructed. The Deed Restrictions shall require each dwelling to have, at a minimum, a
two (2) car garage.
7. When the Property is developed, Grantors shall construct a two lane section
of Nimmo Parkway Phase V-A CIP 2-121, VDOT UPC 52058 in accordance with the
Virginia Department of Transportation construction plans for UPC 52058 Nimmo
Parkway Phase V-A, within the existing Nimmo Parkway public right of way extending east
approximately 2560:1:: feet from the entrance to the subdivision to connect with the existing
PREPARED BY, improved Nimmo Parkway road section. These improvements shall include pavement,
III sms. nOURDON. curb and gutter, storm sewer facilities, utility adjustments/relocations and street lights
f&1I!!I AIIrnN & llVY. P.C
related to the two (2) lanes, as well as a right turn lane at the entrance to Nimmo's Quay
3
PREPARED BY:
11I3 SYKES. nOURDON.
mil. AHmN & LM. p,c.
III I
utilizing any of the Property and any public right of way provided. However, if the Grantee
elects to construct the extension and improvements to Seaboard Road from Princess Anne
Road to the future Nimmo Parkway as provided in ClP 2-107, in advance of the
construction of Nimmo Parkway and will permit development of Nimmo's Quay to utilize
the improved Seaboard Road as its interim access when the Property is developed, the
Grantor shall reimburse the Grantee for any additional costs and expenses incurred for
right of way improvements at the intersection of Seaboard Road and Princess Anne Road,
including any additional right of way acquisition costs, needed to accommodate the traffic
generated by Nimmo's Quay using the improved Seaboard Road as its access. Unless and
until Seaboard Road is substantially improved as provided in C.I.P. 2-107, it shall not be
utilized as access to the Property by trucks or other heavy equipment associated with the
development of Nimmo's Quay.
8. When the Property is developed, the party of the first part shall extend
public utilities, to serve the subdivision, including possible construction of an off-site
sewage pump station.
9. Further conditions may be required by the Grantee during detailed Site Plan
and/ or Subdivision review and administration of applicable City codes by all cognizant
City agencies and departments to meet all applicable City code requirements. Any
references hereinabove to the R-7.5 Zoning District and to the requirements and
regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of
the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by
City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the 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
4
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee 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.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such I
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
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, the 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 the Grantor and the Grantee.
PREPARED BY:
~ SYl(IS. ROURDON.
.. AlIrnN & llVY. P.C
5
PREPARED BY:
~:3 syl([S. ROURDON.
UII AHrnN & lM, P.c.
Iii
WITNESS the following signature and seal:
Grantor:
AL~ limited liability company
By: (SEAL)
Alan S. Resh, Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 4th day of May, 2007,
by Alan S. Resh, Member of ALCAR, L.L.C., a Virginia limited liability company, Grantor.
~4i{J}llf&M
Not ry PublIc
My Commission Expires: August 31, 2010
Notary Registration No.: 192628
6
WITNESS the following signature and seal:
Grantor:
J amast, Inc.
(SEAL)
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 7th day of May, 2007,
by Alan S. Resh, Vice President of Jamast, Inc., a Virginia corporation, Grantor.
j(",lk ./. ~ 'f/l~
Notary Public
My Commission Expires: August 31, 2010
Notary ~egistration No.: 192628
PREPARED BY:
~ SYI(fS. ROURDON.
51 AlIrnN & 1M. P.c.
7
PREPARED BY:
. svn:s. 1l0URDON.
AIlrnN & lIVY. P.c.
EXHIBIT "A"
PARCEL ONE:
That certain tract or parcel of land containing 50.955 acres, more or less, being bounded
on the North by the property now or formerly belonging to the Marie E. Bratten Estate and
T.C.C. Development Co., on the East by the property now or formerly belonging to Harry
1. Van Note and Mabel G. Van Note, and being bounded on the South by the property now
or formerly belonging to Willis Brown and being bounded on the West by the property now
or formerly belonging to Maury F. Riganto and Grace T. Riganto, and being further
described as follows:
BEGINNING at a 21-inch cypress located at a common corner between the property now
or formerly belonging to the Marie E. Bratten Estate and Maury F. Riganto and Grace T.
Riganto, and running thence North 74 degrees 33 minutes 02 seconds East 293.92 feet to a
pipe, North 74 degrees 37 minutes 41 seconds East 199.08 feet to an iron pipe, North 74
degrees 17 minutes 28 seconds East 460.48 feet to an iron pipe, North 74 degrees 17
minutes 40 seconds East 618.23 feet to a pipe, North 75 degrees 32 minutes 21 seconds
East 1,900.72 feet to a pipe, and North 74 degrees 06 minutes 46 seconds East 135.60 feet
to an iron pipe in the centerline of a ditch, thence turning and running South 47 degrees 11
minutes 44 seconds East 86.92 feet to an iron pipe in the centerline of a ditch, thence
South 05 degrees 54 minutes 06 seconds East 113.50 feet to an iron pipe in the centerline
of a ditch, thence South 36 degrees 49 minutes 07 seconds West 131.95 feet, thence South
20 degrees 53 minutes 54 seconds West 91.11 feet to an iron pipe in the centerline of a
ditch, thence South 48 degrees 29 minutes 10 seconds West 223.72 feet to a point in the
Eastern edge of Brown Town Road, thence South 11 degrees 47 minutes 07 seconds West
324.92 feet to an iron pipe in the centerline of a ditch located in the Eastern edge of the
Brown Town Road, thence turning and running South 75 degrees 23 minutes 42 seconds
West 1,128.71 feet to an iron pipe in the centerline of a ditch, thence South 74 degrees 39
minutes 03 seconds West 1,250.65 feet to an 18-inch maple, thence turning and running
North 59 degrees 18 minutes 31 seconds West 734.65 feet to a 7-inch cypress, thence North
39 degrees 06 minutes 41 seconds West 37.22 feet to a 12-inch cypress, thence North 67
degrees 54 minutes 01 second West 281.79 feet to a 21-inch cypress, the Point of
Beginning.
GPIN: 2404-37-1633
PARCEL TWO:
All that certain tract, piece or parcel of land, lying, being and situate in Princess Anne
Borough (formerly Seaboard Magisterial District, Princess Anne County) City of Virginia
Beach, Virginia, and bounded and described as follows:
Beginning at a pine located at the corner of property now or formerly belonging to Brown,
Roper and Wright's heirs and running thence N 11 3/4 degrees W. 2.64 chains to a pine
stump; thence N 43 degrees W 1.10 chains to a pine; thence N 73 1f2 degrees W 2.87 chains
to a pine stump; thence N 82 1/2 degrees W 2-45 chains to a pine stump; thence N 73
degrees W 4.06 chains to a pine; thence N 62 1/2 degrees W 2.81 chains to a pine stump
hole; thence N 31 1/2 degrees W 3-44 chains to a station on the south side of a ditch at the
8
Browntown Bridge; thence N 56 degrees E 1.44 chains to a station on the south side of a
lead ditch; thence N 70 3/4 degrees E 1.54 chains to an unmarked cypress on the south side
of said lead ditch; thence N 79 1/2 degrees E 2.30 chains to a station on the south side of
said lead ditch; thence N 57 1/2 degrees E 4.37 chains to a station on the south side of said
lead ditch; thence N 55 1/2 degrees E 1.74 chains to a station on the south side of said lead
ditch; thence N 811/4 degrees E 3.53 chains to a station on the south side of said lead ditch;
thence N 67 3/4 degrees E 1.50 chains to a station on the south side of said lead ditch;
thence N 57 degrees E 1.16 chains to a station on the south side of said lead ditch; thence S
72 1/2 degrees E 2.42 chains to a stone at the corner of property now or formerly belonging
to Roper's Rail Road and the property of Lamb in the line of property now or formerly
belonging to Brown; thence S 14 3/4 degrees W 3.22 chains to a station in the line of said
railroad; thence S 1/4 degree W 12.69 chains to a stone in the line of said railroad at the
corner of property belonging to Lamb; thence S 87 1/2 degrees W .47 chains to a sweet
gum; thence S 87 1/2 degrees W 1.62 chains to the point of beginning and containing 16
acres and 37 poles more or less.
Excepting from the above is a parcel conveying by deed to the City of Virginia Beach,
Virginia from Harry L. Van Note and Mabel G. Van Note, husband and wife, for a roadway,
said Deed being recorded in the aforesaid Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 1098, at Page 545, containing 2.690 acres, more or
less, known and designated as Parcel 008 (Courthouse-Indian River Road Extended).
GPIN: 2404-56-4943
PARCEL THREE:
All that certain tract, piece or parcel of land, lying in "Brown Town" in Princess Anne
Borough (formerly Seaboard Magisterial District) City of Virginia Beach, Virginia, and
being more particularly described as follows:
Beginning at a cypress at Brown Town Bridge, and running North 44 degrees W 2.33 chains
to a pine; thence N 29 degrees W 2.67 chains to a post; thence N 10 degrees W 1.89 chains to
a pine; thence N 9 3/4 degrees W 2.19 chains to a pine stump; thence 6 1/4 degrees W 4.61
chains to a pine; thence N 1 l/4 degrees E 2.06 chains to a pine; thence N 34 degrees E 4-46
chains to a pine; thence N 38 1/4 degrees E 4.82 chains to an oak; thence N 58 degrees E 3.18
chains to a beech; thence N 46 1/2 degrees E 2.13 chains to a gum stump; thence N 86 3/4
degrees E 18.31 chains to a post; thence S 6 3/4 degrees E 5.81 chains on line ditch; thence S 7
3/4 W 12.17 chains to a stone on line ditch; thence along said ditch S 73 l/4 degrees W 1.43
chains; thence S 47 degrees W 2.08 chains; thence N 78 l/2 degrees W 1.33 chains; thence S
58 1/4 degrees W 1.23 chains; thence N 74 3/4 degrees W 2.01 chains; thence S 60 1/4 degrees
W 2.06 chains; thence S 71l/4 degrees W .76 chain; thence S 89 degrees W 3.43 chains;
thence S 55 degrees W 3.86 chains; thence S 63 1/4 degrees W 2.53 chains; thence S 81
degrees W 2.65 chains; thence S 70 degrees W 2.13 chains; thence S 57 degrees W 1.07 chains
to beginning, containing fifty-six acres and one rod, more or less and bounded by the lands
now or formerly belonging to Willis Brown, and Boston Brown and Jno. 1. Brown.
PREPARED BY:
~ SYKI:S. ROURDON. GPIN: 2404-57-3796
.. AHrnN & 1M. P.c.
ConditionalRezone/ Alcar /NimmosQuay /Profferl4_ Clean
Rev _1.15.08
9
JILL HARRIS
CUP - Home-based Wildlife Rehabilitation
Lynnhaven District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow Home-Based
Wildlife Rehabilitation on the property.
· Applicant has been rehabilitating wildlife on the site, unaware of the
need for a Use Permit. There have been no complaints to the Zoning
Office pertaining to this use at this location.
· Proposal meets the criteria for this use, as provided for in Section
242.3 of the Zoning Ordinance.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: Application of Jill C. Harris for a Conditional Use Permit for wildlife
rehabilitation on property located at 1115 Little Neck Road (GPIN 1488656517).
DISTRICT 5 - LYNNHAVEN
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit to allow a home-based wildlife
rehabilitation facility. This facility is managed solely by the property owner. The
applicant is licensed through the Virginia Department of Game and Inland
Fisheries. The applicant was originally unaware of the need to obtain a
Conditional Use Permit, and upon being informed of this requirement, has
submitted this request.
. Considerations:
The applicant typically nurses small, juvenile squirrels and rabbits until they can
care for themselves or until they are fully rehabilitated from an injury, at which
time they are safely released back into the wild. Animals are kept in five (5)
portable cages, most of which are rather small in size. Dimensions of each cage
are depicted on the site layout at the end of this report. The cages are located in
the rear yard, on the southern side of the lot. The cages are situated
approximately 110 feet from Little Neck Road, and a 50-foot wide, private street
separates this parcel from the adjacent residential dwelling to the south which is
approximately 125 away. All cages are cleaned at least on a daily basis and are
kept out of view from both the right-of-way and the adjacent properties with
landscaping and fencing.
The Planning Commission placed this item on the consent agenda because the
proposal complies with Section 242.3 of the City Zoning Ordinance pertaining to
Home-Based Wildlife Rehabilitation, the applicant has been operating at this
location without complaint, and there was no opposition present at the hearing.
. 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 adhere to the standards of Section 242.3 of the City
Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities.
Jill C. Harris
Page 2 of 2
2. The use shall be administratively reviewed in one year to ensure these
conditions are being met.
3. A row of evergreen shrubs, planted four (4) feet on center, shall be installed
either inside or outside the existing chain link fence, beginning at the eastern
boundary of the fence and running for a minimum length of 30 feet, and from
the corner of the fence to the entry gate, in an effort to further shield the
cages from view from the adjacent property to the south. Said landscaping
shall be depicted on a plan and submitted to the Current Planning Division of
the Planning Department and installed within 30 days of approval by the City
Council.
4. All cages and structures shall meet the minimum zoning setbacks of five (5)
feet from the side property line and five (5) feet from the rear property line.
Any cages and structures not meeting this requirement at the time of City
Council approval of this Use Permit shall be moved to meet the setbacks
within 30 days of City Council approval.
5. A site plan depicting the location of the outdoor wildlife rehabilitation area and
all conditions herein shall be submitted to Current Planning Division of the
Planning Department within 30 days of City Council approval.
6. A solid fence, with a height of at least four (4) feet, shall be installed around
the area identified on the site plan required in condition #5 above. Said fence
shall remain in place and in good repair as long as the Conditional Use Permit
is active.
7. Any food stored outside shall be in airtight, animal proof containers, out of
public view.
. Attachments: -
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage . "/{ . 'CB li02...
JILL C. HARRIS
Agenda Item 8
April 9, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for Home-Based
Wildlife Rehabilitation
ADDRESS I DESCRIPTION: Property located at 1115 Little Neck Road
GPIN:
14886565170000
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
33,006 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
home-based wildlife rehabilitation facility. There is currently a
single-family dwelling on this 33,000 square foot lot. This facility is managed solely by the property owner.
The applicant is licensed through the Virginia Department of Game and Inland Fisheries. The applicant
was originally unaware of the need to obtain a Conditional Use Permit, and upon being informed of this
requirement, has submitted this request.
The applicant typically nurses small, juvenile squirrels and rabbits until they can care for themselves or
until they are fully rehabilitated from an injury, at which time they are safely released back into the wild.
Animals are kept in five (5) portable cages, most of which are rather small in size. Dimensions of each
cage are depicted on the site layout at the end of this report. The cages are located in the rear yard, on
the southern side of the lot. The cages are situated approximately 110 feet from Little Neck Road, and a
50-foot wide, private street separates this parcel from the adjacent residential dwelling to the south which
is approximately 125 away. All cages are cleaned at least on a daily basis and are kept out of view from
both the right-of-way and the adjacent properties with landscaping and fencing.
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
LAND USE AND ZONING INFORMATION
. Single-family dwelling I R-40 Residential District
. 50 foot private road, single-family dwelling I R-30 Residential
District
JILL C. HARRIS
, Agenda Item 8
Page 1
East:
. Little Neck Road, single-family dwelling / R-40 Residential
District
. Single-family homes / R-40 Residential District
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed and is sparsely
wooded. Properties further to the west and north are within the Resource
Protection Area; however, this site does not appear to have any
significant environmental or cultural features.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
PUBLIC WORKSITRAFFIC ENGINEERING: Traffic Engineering believes the proposed use will not
generate traffic volumes greater than those within the existing R-40 residential neighborhood.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area.
Evaluation:
The proposed request for wildlife rehabilitation is recommended for approval. The Comprehensive Plan
policies generally support home-based activities that do not threaten or compromise the integrity,
tranquility and the quality of life found in the adjacent and surrounding neighborhoods. Therefore, this
request to rehabilitate small animals on a short-term basis is found to be acceptable at this site. The
activity is located on a small portion of this large lot. The neighboring properties are adequately buffered
by both distance and landscaping, subject to the addition of the recommended conditions below. The
applicant is licensed by the Virginia Department of Game and Inland Fisheries as an animal rehabilitator,
and provides a valued service to the community, and has been operating at this location without incident.
In sum, staff finds that the proposal meets the criteria of Section 242.3 of the City Zoning Ordinance for
Home-Based Wildlife Rehabilitation Facilities.
JILL C. HARRIS
Agenda Item 8
Page 2
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ... Page 1 of 1
Sec. 242.3. Home-based wildlife rehabilitation facility.
Home-based wildlife rehabilitation facilities shall meet the following standards:
(a) Each operator shall ensure that each animal is provided with:
(1) Adequate food and water;
(2) Adequate shelter that is clean and of the proper type and size for the
partiCUlar type of animal and its age, size, species, and weight;
(3) Adequate exercise;
(4) Adequate lighting; and
(5) Veterinary care as necessary to prevent suffering or disease transmission.
(b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation
permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird
wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the
operator rehabilitates migratory birds,
(c) Only species for which an operator holds current state and, if applicable, federal
permits shall be kept in such a facility for more than twenty-four (24) hours. All animals
not authorized to be kept pursuant to such permits shall be transported to an appropriate
wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility
within twenty-four (24) hours of receipt of such animal.
(d) No operator shall keep a greater number of animals at anyone time than those for
which the operator maintains adequate caging as required by the applicable state or
federal permit or permits held by the operator.
(e) No animal shall be kept at any such facility for a periOd in excess of one hundred
and eighty (180) days,
(f) All animals shall be kept or maintained in such manner that a nuisance is not
generated by insects, excessive odor, dust, noise, or other conditions deemed by the
zoning administrator to be detrimental to the community health, safety and welfare,
(g) Removal of dead animals shall be conducted in accordance with the provisions of
section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator
shall be the owner of the wildlife they are rehabilitating for the purposes of City Code
section 5-14.
(h) Removal of all waste, including medical waste, shall be conducted daily in
accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach.
(i) All structures, buildings, or cages used for the shelter of animals shall comply with
the dimensional requirements of the zoning district in which the faCility is located,
provided that cages or other wildlife confinement areas shall not occupy more than a
total of twenty (20) percent of the Jot on which the faCility is located. Structures in which
animals are confined shall not exceed eight (8) feet in height.
Q) There shall be no signs pertaining to the use on the property other than one (1) non-
illuminated sign, not to exceed one (1) square foot in area, that may provide
identification of the facility, notice to the public of any potential hazards related to the
operation of the facility, and notice to the public of basic instructions for delivery of sick,
injured, orphaned, or displaced wildlife.
(Ord. No. 2976, 4-24-07)
http://library4.municode.comldefault/DocView/1 0122/ 1/216/218
3/3/2008
JILL C. HARRIS
Agenda Item 8
Page 3
CONDITIONS
1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining
to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one year to ensure these conditions are being met.
3. A row of evergreen shrubs, planted four (4) feet on center, shall be installed either inside or outside
the existing chain link fence, beginning at the eastern boundary of the fence and running for a
minimum length of 30 feet, and from the corner of the fence to the entry gate, in an effort to further
shield the cages from view from the adjacent property to the south. Said landscaping shall be depicted
on a plan and submitted to the Current Planning Division of the Planning Department and installed
within 30 days of approval by the City Council.
4. All cages and structures shall meet the minimum zoning setbacks offive (5) feet from the side property
line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement
at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30
days of City Council approval.
5. A site plan depicting the location of the outdoor wildlife rehabilitation area and all conditions herein
shall be submitted to Current Planning Division of the Planning Department within 30 days of City
Council approval.
6. A solid fence, with a height of at least four (4) feet, shall be installed around the area identified on the
site plan required in condition #5 above, Said fence shall remain in place and in good repair as long as
the Conditional Use Permit is active.
7. Any food stored outside shall be in airtight, animal proof containers, out of public view.
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.
JILL C. HARRIS
Agenda Item 8
Page 4
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JILL C. HARRIS
Agenda Item 8
Page 5
CUP - Home-basf::'d Wildfife fo:.f::'ilabifitation
NO ZONING HISTORY TO REPORT
ZONING HISTORY
JILL C. HARRIS
Agenda Item 8
Page 6
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)
N/A-
2, List all businesses that have a parent-subsidiary' or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
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MCheck 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)
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2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
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[S( Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
, '2.
& 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 A
If yes. what is the name of the official or employee and the nature of their interest?
~/~
Conditional Use Permit Applicalion
Page 9 of 10
Revised 7/3/2007
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JILL C. HARRIS
Agenda Item 8
Page 7
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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)
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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 S 2.2-3101.
: "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,
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Conditional Use Permil Application
Page 10 01 10
Revised 7.;3.'2007
JILL C. HARRIS
Agenda Item 8
Page 8
Item #8
Jill C. Harris
Conditional Use Permit
1115 Little Neck Road
District 5
Lynnhaven
April 9, 2009
CONSENT
Joseph Strange: The next matter is agenda item 8. This is an application of Jill C. Harris for
a Conditional Use Permit for wildlife rehabilitation on property located at 1115 Little Neck
Road, District 5) Lynnhaven, with six conditions.
Janice Anderson: Welcome.
Jill C. Harris: My name is Jill Harris.
Joseph Strange: Are the conditions acceptable?
Jill C. Harris: Yes sir.
Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent
agenda? Are there any questions from the Commissioners? The Chairman has asked Kathy
Katsias to review this item.
Kathy Katsias: Good afternoon. This is an application for Jill C. Harris for a Conditional
Use Permit for a home based wildlife rehabilitation center located at 1115 Little Neck Road.
There is currently a single-family dwelling on this 33,000 square foot lot. The facility is
managed solely by the property owner. The applicant typically nurses juvenile squirrels and
rabbits until they can care for themselves and are fully rehabilitated from their injuries. The
cages are located in the rear yard, and they are 110 feet from Little Neck Road. All cages are
cleaned at least once daily, and are kept out of view both of the right-of-way and the adjacent
property owners with landscaping and fencing. Staff recommends approval on this
application. Therefore, we agree with staff, and place it on the consent agenda.
Jill C. Harris: Thank you.
Joseph Strange: Thank you Kathy. Chairman, I have a motion to approve agenda item 8.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
Item #8
Jill C. Harris
Page 2
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 8 for consent.
I i I
ELYSE HERRON
Lynnhaven District
Relevant Information:
. Applicant requests a Conditional Use Permit to allow Home-Based
Wildlife Rehabilitation on the property.
. Applicant has been rehabilitating wildlife on the site, unaware of the
need for a Use Permit. There have been no complaints to the Zoning
Office pertaining to this use at this location.
. Proposal meets the criteria for this use, as provided for in Section
242.3 of the Zoning Ordinance.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
. Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Elyse Herron for a Conditional Use Permit for wildlife
rehabilitation on property located at 2255 Wake Forest Street (GPIN 1590517271).
DISTRICT 5 - L YNNHAVEN
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit for Home-Based Wildlife
Rehabilitation to care for injured and orphaned small mammals through the
organization Wild Response, Inc. The applicant provides rehabilitation to small
mammals, primarily rabbits and occasionally squirrels, inside her home. No
activity occurs outside the house.
. Considerations:
The applicant is licensed by the Virginia Department of Game and Inland
Fisheries as a Category I rehabilitator and by the United States Fish and Wildlife
Service as an animal rehabilitator and provides a valued service to the
community, and has been operating at this location without incident.
The Planning Commission placed this item on the consent agenda because the
proposal complies with Section 242.3 of the City Zoning Ordinance pertaining to
Home-Based Wildlife Rehabilitation, the applicant has been operating at this
location without complaint, and there was no opposition present at the hearing.
. 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 adhere to the standards of Section 242.3 of the City
Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one year to ensure these
conditions are being met.
3. All activities relating to wildlife rehabilitation shall occur inside the dwelling.
Elyse Herron
Page 2 of 2
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Plannin Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager~~ k- . drg to'"L.
ELYSE HERRON
Agenda Item 1 0
April 9, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for Home-Based
Wildlife Rehabilitation Facility
ADDRESS I DESCRIPTION: Property located at 2255 Wake Forest Street.
GPIN:
15805172710000
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
6,863 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to continue to
rehabilitate injured and / or orphaned small mammals through
the organization Wild Response, Inc. The applicant provides rehabilitation to small mammals, primarily
rabbits and occasionally squirrels, inside her home. The applicant is licensed through the Virginia
Department of Game and Inland Fisheries as a Category I rehabilitator.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling occupies the site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
· Single-family homes / R-7.5 Residential District
· Single-family homes / R-7.5 Residential District
· Across Wake Forest, single-family homes / R-7.5 Residential
District
· Single-family homes / R-7.5 Residential District
The site is residentially developed.
There are no known significant cultural features associated with this site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
ELYSE HERRON
Agenda Item 10
Page 1
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Traffic
Engineering believes the proposed use will not generate traffic volumes greater than those within the existing
residential neighborhood.
WATER and SEWER: City Services are not impacted by the request. The proposed use will not generate
volumes greater than those within the existing residential neighborhood.
ANIMAL CONTROL: There have been no problems associated with either the applicant or activities at this
address.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area. The established type, size, and relationship of land use, both
residential and non-residential, in and around these neighborhoods should serve as a guide when
considering future development.
Evaluation:
The proposed request for home-based wildlife rehabilitation is recommended for approval subject to the
recommended conditions below.
The policies of the Comprehensive Plan generally support home-based activities that do not threaten or
compromise the integrity, tranquility and the quality of life found in the adjacent and surrounding
neighborhoods, In this particular case, the activity is designated inside the home. The only animals
located outside are the homeowner's fish within a fishpond and her two rabbits.
The applicant is licensed by the Virginia Department of Game and Inland Fisheries and the United States
Fish and Wildlife Service as an animal rehabilitator and provides a valued service to the community, and
has been operating at this location without incident. In sum, staff finds that the proposal meets the criteria
of Section 242.3 of the City Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities.
ELYSE HERRON
Agenda Item 10
Page 2
i I I
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ... Page I of I
Sec. 242.3. Home-based wildlife rehabilitation facility.
Home-based wildlife rehabilitation facilities shall meet the following standards:
(a) Each operator shall ensure that each animal is provided with:
(1) Adequate food and water;
(2) Adequate shelter that is clean and of the proper type and size for the
particular type of animal and its age, size, species, and weight;
(3) Adequate exercise;
(4) Adequate lighting; and
(5) Veterinary care as necessary to prevent suffering or disease transmission.
(b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation
permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird
wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the
operator rehabilitates migratory birds.
(c) Only species for which an operator holds current state and, if applicable, federal
permits shall be kept in such a facility for more than twenty.four (24) hours. All animals
not authorized to be kept pursuant to such permits shall be transported to an appropriate
wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility
within twenty-four (24) hours of receipt of such animal.
(d) No operator shall keep a greater number of animals at anyone time than those for
which the operator maintains adequate caging as required by the applicable state or
federal permit or permits held by the operator,
(e) No animal shall be kept at any such facility for a period in excess of one hundred
and eighty (180) days,
(f) All animals shall be kept or maintained in such manner that a nuisance is not
generated by insects, excessive odor, dust, noise, or other conditions deemed by the
zoning administrator to be detrimental to the community health, safety and welfare,
(g) Removal of dead animals shall be conducted in accordance with the provisions of
section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator
shall be the owner of the wildlife they are rehabilitating for the purposes of City Code
section 5-14.
(h) Removal of all waste, including medical waste, shall be conducted daily in
accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach.
(i) All structures, buildings, or cages used for the shelter of animals shall comply with
the dimensional requirements of the zoning district in which the facility is located,
provided that cages or other wildfife confinement areas shall not occupy more than a
total of twenty (20) percent of the lot on which the facility is located, Structures in which
animals are confined shall not exceed eight (8) feet in height.
0) There shall be no signs pertaining to the use on the property other than one (1) non-
illuminated sign, not to exceed one (1) square foot in area, that may provide
identification of the facility, notice to the public of any potential hazards related to the
operation of the facility, and notice to the public of basic instructions for delivery of sick,
injured, orphaned, or displaced wildlife.
(Ord. No. 2976, 4-24-07)
http://library4.municode.comldefault/DocView/l0122/1/216/218
3/3/2008
ELYSE HERRON
Agenda Item 10
Page 3
CONDITIONS
1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining
to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one year to ensure these conditions are being met.
3. All activities relatinq to wildlife rehabilitation shall occur inside the oremises.
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.
ELYSE HERRON
Agenda Item 10
Page 4
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ELYSE HERRON
Agenda Item 10
Page 5
PHOTOGRAPH OF HOME
ELYSE HERRON
Agenda Item 10
Page 6
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1 08/23/05 Expansion of a Nonconforminq Granted
2 04/14/98 Enlarqement of a Nonconforminq Granted
3 11/22/94 Conditional Rezoning from B-2 to R7.5 Granted
04/08/85 Conditional Use Permit (Gas Station) Withdrawn
ZONING HISTORY
ELYSE HERRON
Agenda Item 10
Page 7
ISCLOSURE 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)
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2. List all businesses that have a parent-subsidiary 1 or affiliated business entit!
relationship with the applicant: (Attach list if necessary)
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O'''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)
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2. List all businesses that have a parent-subsidiary 1 or affiliated business entit!
relationship with the applicant: (Attach list if necessary)
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O"Check here if the property owner is NOT a corporation, partnership, firm.
business, or other unincorporated organization,
1 & L See next page for footnotes
Does an official or employee of the Ci!y-of Virginia 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?
Conc:llllonal Use Permit AppIJcatJon
Page 9 01 10
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ELYSE HERRON
Agenda Item 10
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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)
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, "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
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 ~
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 tor
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 pho~ograph, and view the site tor purposes of processing and evaluating this application,
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Conditional Use Permit Application
Page 10 of 10
ReVised 7'3'2007
ELYSE HERRON
Agenda Item 1 0
Page 9
Item # 10
Elyse Herron
Conditional Use Permit
2255 Wake Forest Street
District 5
Lynnhaven
April 9, 2008
CONSENT
Joseph Strange: The next matter is agenda item 10. An application of Elyse Herron for a
Conditional Use Permit for a wildlife rehabilitation on property located at 2255 Wake Forest
Street, District 5, Lynnhaven, with three conditions.
Elyse Herron: Hi.
Joseph Strange: Welcome. Will you please state your name?
Elyse Herron: Oh. Elyse Herron.
Joseph Strange: Okay. Are the conditions acceptable?
Elyse Herron: Yes.
Joseph Strange: Fine. Is there any opposition to this matter being placed on the consent
agenda? Are there any questions from the Commissioners? The Chairman has asked Kathy
Katsias to review this item.
Kathy Katsias: This is an application by Elyse Herron for a Conditional Use Permit for a
home based wildlife rehabilitation facility located at 2255 Wake Forest Street. The applicant
provides rehabilitation to small animals primarily rabbits and occasionally squirrels inside
her home. The applicant is also licensed through the Virginia Department of Game and
Inland Fisheries as a Category I Rehabilitator. This request for home based wildlife
rehabilitation is recommend for approval by our staff, and we concur; so, therefore we put it
on consent agenda.
Elyse Herron: Thank you.
Joseph Strange: Thank you Kathy. Chairman, I have a motion to approve agenda item 10.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
I I
Item #10
Elyse Herron
Page 2
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 10 for consent.
DEBORAH HOOVER-POWERS
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CUP - Wild/ife Rehabila[aLion
Rose Hall District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow Home-Based
Wildlife Rehabilitation on the property.
· Applicant has been rehabilitating wildlife on the site, unaware of the
need for a Use Permit. There have been no complaints to the Zoning
Office pertaining to this use at this location.
· Proposal meets the criteria for this use, as provided for in Section
242.3 of the Zoning Ordinance.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Deborah C. Hoover-Powers for a Conditional Use Permit for
wildlife rehabilitation on property located at 3829 Amberley Forest Place (GPIN
1485175442). DISTRICT 3 - ROSE HALL
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit for a home-based wildlife
rehabilitation facility. There is a single-family dwelling on this 6,898 square foot
lot. The wildlife rehabilitation facility is managed solely by the property owner.
The applicant is licensed through the Virginia Department of Game and Inland
Fisheries. The applicant was originally unaware of the need to obtain a
Conditional Use Permit, and upon being informed of this requirement, has
submitted this request.
. Considerations:
The applicant typically nurses small, juvenile mammals such as opossums,
squirrels, and rabbits, until they can care for themselves or until they are fully
rehabilitated from an injury at which time they are safely released back into the
wild. No animals are kept outdoors, other than within a 200 square foot fenced
rehabilitation area located on the west side of the dwelling. The outdoor
rehabilitation area is enclosed with a six (6) foot high fence. There is one (1)
cage, away from the others in the rear of the property, adjacent to an existing
shed. In addition to the fence surrounding the rehabilitation area, there is also a
solid six (6) foot privacy fence located along the western, southern and eastern
property lines that serves to screen the use from all adjacent properties. All
cages are cleaned at least on a daily basis and are kept out of view from both the
public right-of-way and the adjacent properties.
The proposal, with the conditions recommended below, is compatible with the
adjacent area and is adequately screened from both the right-of-way and
adjacent properties. The applicant provides a valued service to the community,
and has been operating at this location for quite some time without incident. In
sum, staff finds that the proposal meets the criteria of Section 242.3 of the City
Zoning Ordinance for Home-Based Wildlife Rehabilitation Facilities.
The Planning Commission placed this item on the consent agenda because the
proposal complies with Section 242.3 of the City Zoning Ordinance pertaining to
Deborah C. Hoover-Powers
Page 2 of 2
Home-Based Wildlife Rehabilitation, the applicant has been operating at this
location without complaint, and there was no opposition present at the hearing.
. 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 adhere to the standards of Section 242.3 of the City
Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one (1) year to ensure these
conditions are being met.
3. All cages and structures shall meet the minimum zoning setbacks of five (5)
feet from the side property line and five (5) feet from the rear property line.
Any cages and structures not meeting this requirement at the time of City
Council approval of this Use Permit shall be moved to meet the setbacks
within 30 days of City Council approval.
4. A site plan depicting all conditions herein shall be submitted to Current
Planning Division of the Planning Department within 30 days of City Council
approval.
5. The use shall be administratively reviewed in one year to ensure these
conditions are being followed.
6. Any food stored outside shall be in airtight, animal proof containers, out of
public view.
7. The existing six (6) foot high, solid privacy fence shall remain in place and in
good repair as long as the Conditional Use Permit is active.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage ~ lL-, ~~
DEBORAH C.
HOOVER-POWERS
Agenda Item 7
April 9, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for Home-Based Wildlife
Rehabilitation
ADDRESS I DESCRIPTION: 3829 Amberly Forest Place
GPIN:
14851754420000
COUNCIL ELECTION DISTRICT:
3 - ROSE HALL
SITE SIZE:
6,898 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
home-based wildlife rehabilitation facility. There is a single-
family dwelling on this 6,898 square foot lot. The wildlife rehabilitation facility is managed solely by the
property owner. The applicant is licensed through the Virginia Department of Game and Inland Fisheries.
The applicant was originally unaware of the need to obtain a Conditional Use Permit, and upon being
informed of this requirement, has submitted this request.
The applicant typically nurses small, juvenile mammals such as opossums, squirrels, and rabbits, until
they can care for themselves or until they are fully rehabilitated from an injury at which time they are
safely released back into the wild. No animals are kept outdoors, other than within a 200 square foot
fenced rehabilitation area located on the west side of the dwelling. The outdoor rehabilitation area is
enclosed with a six (6) foot high fence. There is one (1) cage, away from the others in the rear of the
property, adjacent to an existing shed. In addition to the fence surrounding the rehabilitation area, there
is also a solid six (6) foot privacy fence located along the western, southern and eastern property lines
that serves to screen the proposed use from all adjacent properties. All cages are cleaned at least on a
daily basis and are kept out of view from both the pUblic right-of-way and the adjacent properties. There
are a total of nine (9) cages, most of which are rather small in size with typical dimensions of three (3) feet
by two (2) feet by four (4) feet.
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: single family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
. Right-of-way, single family dwellings / PD-H1 Planned Unit
District
. single family dwellings / PD-H1 Planned Unit District
. single family dwellings / PD-H1 Planned Unit District
. single family dwellings / PD-H1 Planned Unit District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located in the Chesapeake Bay watershed and is sparsely
wooded. There does not appear to be any significant environmental
features on the property.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
PUBLIC WORKS/TRAFFIC ENGINEERING: Traffic Engineering believes the proposed use will not generate
traffic volumes greater than those within the existing residential neighborhood.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area.
Evaluation:
The proposal for wildlife rehabilitation on this parcel is acceptable and is recommended for approval.
The proposal, with the conditions recommended below, is compatible with the adjacent area and is
adequately screened from both the right-of-way and adjacent properties. The applicant is licensed by the
Virginia Department of Game and Inland Fisheries as an animal rehabilitator. She provides a valued
service to the community, and has been operating at this location for quite some time without incident. In
sum, staff finds that the proposal meets the criteria of Section 242.3 of the City Zoning Ordinance for
Home-Based Wildlife Rehabilitation Facilities.
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 2
ARTICLE 2, GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO n' Page 1 of 1
Sec. 242.3. Home-based wildlife rehabilitation facility.
Home-based wildlife rehabilitation facilities shall meet the following standards:
(a) Each operator shall ensure that each animal is provided with:
(1) Adequate food and water;
(2) Adequate shelter that is clean and of the proper type and size for the
particular type of animal and its age, size, species, and weight;
(3) Adequate exercise;
(4) Adequate lighting; and
(5) Veterinary care as necessary to prevent suffering or disease transmission.
(b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation
permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird
wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the
operator rehabilitates migratory birds.
(c) Only species for which an operator holds current state and, if applicable, federal
permits shall be kept in such a facility for more than twenty-four (24) hours. All animals
not authorized to be kept pursuant to such permits shall be transported to an appropriate
wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility
within twenty-four (24) hours of receipt of such animal.
(cI) No operator shall keep a greater number of animals at anyone time than those for
which the operator maintains adequate caging as required by the applicable state or
federal permit or permits held by the operator.
(e) No animal shall be kept at any such facility for a period in excess of one hundred
and eighty (180) days,
(1) All animals shall be kept or maintained in such manner that a nuisance is not
generated by insects, excessive odor, dust, noise, or other conditions deemed by the
zoning administrator to be detrimental to the community health, safety and welfare,
(g) Removal of dead animals shall be conducted in accordance with the provisions of
section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator
shall be the owner of the wildlife they are rehabilitating for the purposes of City Code
section 5-14,
(h) Removal of all waste, including medical waste, shall be conducted daily in
accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach.
(0 All structures, buildings, or cages used for the shelter of animals shall comply with
the dimensional requirements of the zoning district in which the facility is located,
provided that cages or other wildlife confinement areas shall not occupy more than a
total of twenty (20) percent of the lot on which the facility is located. Structures in which
animals are confined shall not exceed eight (8) feet in height.
a) There shall be no signs pertaining to the use on the property other than one (1) non-
illuminated sign, not to exceed one (1) square foot in area, that may provide
identification of the facility, notice to the public of any potential hazards related to the
operation of the facility, and notice to the public of basic instructions for delivery of sick,
injured, orphaned, or displaced wildlife.
(Ord. No. 2976, 4-24-07)
http://library4.municode.comldefault/DocView/ 1 0 122/ 1/216/218
3/3/2008
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 3
CONDITIONS
1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining
to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one (1) year to ensure these conditions are being met.
3. All cages and structures shall meet the minimum zoning setbacks of five (5) feet from the side property
line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement
at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30
days of City Council approval.
4. A site plan depicting all conditions herein shall be submitted to Current Planning Division of the
Planning Department within 30 days of City Council approval.
5. The use shall be administratively reviewed in one year to ensure these conditions are being followed.
6. Any food stored outside shall be in airtight, animal proof containers, out of public view.
7. The existing six (6) foot high, solid privacy fence shall remain in place and in good repair as long as
the Conditional Use Permit is active.
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.
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 4
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Agenda \tetil 7
Page 5
Map F-IO Deborah C. Hoover-Powers
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NO ZONING HISTORY TO REPORT
ZONING HISTORY
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 6
II 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)
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2, List all businesses that have a parent-subsidiary 1 or affiliated business entrry2
relationship with the applicant: (Attach list if necessary)
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g 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)
h.lfr
2, Ust all businesses that have a parent-subsidiary 1 or affiliated business entiry2
relationship with the applicant: (Attach list if necessary)
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Id""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?
HPr"
Conditional USt:- Permit Application
Page 9 of 10
ReVIsed 7'3/2007
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DEBORAH C. HOOVER-POWERS
Agenda Item 7
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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)
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'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
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 ~
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,
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Print Name
Print Name
ConditIOnal Use Permit ApplicatIon
Page 100110
ReVIsed 7'3/2007
DISCLOSURE STATEMENT
DEBORAH C. HOOVER-POWERS
Agenda Item 7
Page 8
Item #7
Deborah C. Hoover-Powers
Conditional Use Permit
3829 Amber1ey Forest Place
District 3
Rose Hall
April 9, 2008
CONSENT
Joseph Strange: The net matter is agenda item 7. Deborah C. Hoover-Powers. An
application of Deborah C. Hoover-Powers for a Conditional Use Permit for a wildlife
rehabilitation on property located at 3829 Amberley Forest Place, District 3, Rose Hall, with
six conditions.
Deborah C. Hoover-Powers: Hi.
Joseph Strange: Welcome. Will you please identify yourself?
Deborah C. Hoover-Powers: I'm Deborah C. Hoover-Powers.
Joseph Strange: Okay. Are the conditions acceptable?
Deborah C. Hoover-Powers: Yes.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
Are there any questions from the Commissioners? Okay. The Chairman has asked Gene
Crabtree to review this item.
Eugene Crabtree: This is for a home based rehabilitation center on Amberely Forest Place.
In reviewing and looking at the property, it is well kept. It appears to be clean. The photos
that we had of the property shows it is well kept. It did not appear to intrude on any of the
neighbors. The application is in compliance with State law, as well as the City of Virginia
Beach ordinances, therefore, we put it on the consent agenda.
Joseph Strange: Thank you Gene. Chairman, I have a motion to approve agenda item 7.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #7
Deborah C. Hoover-Powers
Page 2
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 7 for consent.
I I I
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To: City of Virginia, Beach
Attention: Planning Commission
RE: Wildlife Rehabilitation Permits
,,~
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The following are neighbors of the property at 3829 Amberley Forest Place, and are
fully aware of the request to continue to rehabilitate wildlife. Property owner, Deborah
Hoover-Powers has maintained a State LicenselPermit for 9 years.
Permitted, rehabilitators report directly to the Virginia Department of Game & Inland
Fisheries. Deborah is a Category II-A Rehabilitator, specializing in small mammals.
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Thank you for your support in helping our wild neighbors in urban communities.
Deborah holds the position of Secretary on the Board of Directors of
Wildlife Response, Inc.
htto:/Iwww.wildliferesponse.orQI
757-543-7000
Sunday, March 16,2008
SUZANNE MCBRIDE
Map D-8
M"p No+ to C;co[e
Suzanne McBride
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Kempsville District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow Home-Based
Wildlife Rehabilitation on the property,
· Applicant has been rehabilitating wildlife on the site, unaware of the
need for a Use Permit. There have been no complaints to the Zoning
Office pertaining to this use at this location.
· Proposal meets the criteria for this use, as provided for in Section
242.3 of the Zoning Ordinance.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Suzanne McBride for a Conditional Use Permit for wildlife
rehabilitation on property located at 5252 Pleasant Hall Court (GPIN 1466568715).
DISTRICT 2 - KEMPSVILLE
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit to allow a home-based wildlife
rehabilitation facility. The applicant holds a rehabilitation permit from the Virginia
Department of Game and Inland Fisheries. The applicant is licensed to
rehabilitate native wildlife species including small mammals such as otters,
squirrels and rabbits. The applicant was originally unaware of the need to obtain
a Conditional Use Permit, and upon being informed of this requirement, has
submitted this request.
. Considerations:
There is a single-family dwelling on this 23,000 square foot lot. The outdoor
rehabilitation area, approximately 300 square feet in size, is located primarily on
the north side of the house and in the rear yard behind the house. The yard is
enclosed with a six-foot high, solid, privacy fence. Ten (10) existing cages
provide shelter specifically for young rabbits, raccoons, squirrels, opossums and
otters. The applicant plans to have no more than ten (10) cages within the rear
yard at any given time.
Baby mammals are kept inside the house until they are healthy enough to stay
outside within the enclosed rehabilitation area. Once the animals are fully
rehabilitated, they are safely released back into the wild. All cages are cleaned
daily or sometimes, twice a day. The applicant provides a valued service to the
community, and has been operating at this location without complaint. This
property is located at the headwaters of the Elizabeth River, which drains
ultimately to the Chesapeake Bay and, as such, an additional condition requiring
interception and filtering of stormwater through a mulched planting bed is
recommended. In sum, staff finds that the proposal meets the criteria of Section
242.3 of the City Zoning Ordinance (see Page 3 of Staff Report) for Home-Based
Wildlife Rehabilitation Facilities
Suzanne McBride
Page 2 of 3
The Planning Commission placed this item on the consent agenda because the
proposal complies with Section 242.3 of the City Zoning Ordinance pertaining to
Home-Based Wildlife Rehabilitation, the applicant has been operating at this
location without complaint, and there was no opposition present at the hearing.
. 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 adhere to the standards of Section 242.3 of the City
Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities.
2. As the property is at the headwaters of the Elizabeth River, no cages shall be
located within 50 feet of the 40 foot drainage easement shown on the
submitted plan entitled, "Lot 8, Block A, Subdivision of Fairfield," dated
12/12/98, prepared by A&W Surveying & Design, Inc. Any existing cages in
this area shall be relocated within the rear yard within 30 days of City Council
approval to meet this condition.
3. A three (3) foot wide by 40 foot wide (3' x 40') mulched (4 to 6 inches in
depth) bed with plant material shall be installed along the southern fence line
to intercept and filter stormwater from the site prior to it entering the
headwaters of the Elizabeth River.
4. All cages and structures shall meet the minimum zoning setbacks of five (5)
feet from the side property line and five (5) feet from the rear property line.
Any cages and structures not meeting this requirement at the time of City
Council approval of this Use Permit shall be moved to meet the setbacks
within 30 days of City Council approval.
5. A site plan depicting consistency with all conditions herein shall be submitted
to Current Planning Division of the Planning Department within 30 days of
City Council approval.
6. The use shall be administratively reviewed in one year to ensure these
conditions are being followed.
7. Any food stored outside shall be in airtight, animal proof containers, out of
public view.
8. The existing six (6) foot high, solid privacy fence shall remain in place and in
good repair as long as the Conditional Use Permit is active.
. Attachments:
Staff Review
Disclosure Statement
Suzanne McBride
Page 3 of 3
Planning Commission Minutes
Location Map
I Ii
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:~~ 1c .~1S'I'1..
Staff Planner: Carolyn A.K. Smith
SUZANNE
MCBRIDE
Agenda Item 6
April 9, 2008 Public Hearing
REQUEST:
Conditional Use Permit for Home-based
Wildlife Rehabilitation
ADDRESS I DESCRIPTION: 5252 Pleasant Hall Court
GPIN:
14665687150000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
22,946 square feet
The applicant requests a Conditional Use Permit to allow a
home-based wildlife rehabilitation facility. The applicant holds
a rehabilitation permit from the Virginia Department of Game and Inland Fisheries. The applicant was
originally unaware of the need to obtain a Conditional Use Permit, and upon being informed of this
requirement, has submitted this request.
SUMMARY OF REQUEST
The applicant is licensed to rehabilitate native wildlife species including small mammals such as otters,
squirrels and rabbits. There is a single-family dwelling on this 23,000 square foot lot. The outdoor
rehabilitation area, approximately 300 square feet in size, is located primarily on the north side of the
house and in the rear yard behind the house. The yard is enclosed with a six-foot high, solid, privacy
fence. Ten (10) existing cages provide shelter specifically for young rabbits, raccoons, squirrels,
opossums and otters. The applicant plans to have no more than ten (10) cages within the rear yard at any
given time.
Baby mammals are kept inside the house until they are healthy enough to stay outside within the
enclosed rehabilitation area. Once the animals are fully rehabilitated, they are safely released back into
the wild. All cages are cleaned daily or sometimes, twice a day.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SUZANNE MCBRIDE
, Agenda Item 6
Page 1
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
AICUZ:
I, ,
. Single-family homes / R-7,5 Residential District
· Single-family homes / R-7.5 Residential District
. Pleasant Hall CT
· Single-family homes / R-7.5 Residential District
. Single-family homes / R-7.5 Residential District
The site is located in the Chesapeake Bay watershed and a portion of
the property is located within the Resource Protection Area, the more
stringently regulated portion of the Chesapeake Bay Preservation Area.
This property is located at the headwaters of the Elizabeth River, which
drains ultimately to the Chesapeake Bay. The development of any
permanent structures on the rear of the property will likely require review
and approval by the Chesapeake Bay Preservation Area Ordinance
staff.
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
PUBLIC WORKSITRAFFIC ENGINEERING: Traffic Engineering believes the proposed use will not generate
traffic volumes greater than those within the existing R-7.5 residential neighborhood.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area.
Evaluation:
The proposed outdoor rehabilitation area is located on a small portion of this 23,000 square foot lot. The
proposal, with the conditions recommended below, is compatible with the adjacent area. The applicant is
licensed by the Virginia Department of Game and Inland Fisheries to nurse small mammals such as
otters, squirrels, opossums and rabbits. She provides a valued service to the community, and has been
operating at this location without complaint. This property is located at the headwaters of the Elizabeth
River, which drains ultimately to the Chesapeake Bay and, as such, an additional condition requiring
interception and filtering of stormwater through a mulched planting bed is recommended. In sum, staff
finds that the proposal meets the criteria of Section 242.3 of the City Zoning Ordinance (see below) for
Home-Based Wildlife Rehabilitation Facilities.
SUZANNE MCBRIDE
Agenda Item 6
Page 2
Sec. 242.3. Home-based wildlife rehabilitation facility.
Home-based wildlife rehabilitation facilities shall meet the following standards:
(a) Each operator shall ensure that each animal is provided with:
(1) Adequate food and water;
(2) Adequate shelter that is clean and of the proper type and size for the
particular type of animal and its age, size, species, and weight;
(3) Adequate exercise;
(4) Adequate lighting; and
(5) Veterinary care as necessary to prevent suffering or disease transmission.
(b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation
permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird
wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the
operator rehabilitates migratory birds.
(c) Only species for which an operator holds current state and, if applicable, federal
permits shall be kept in such a facility for more than twenty-four (24) hours. All animals
not authorized to be kept pursuant to such permits shall be transported to an appropriate
wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility
within twenty-four (24) hours of receipt of such animal.
(d) No operator shall keep a greater number of animals at anyone time than those for
which the operator maintains adequate caging as required by the applicable state or
federal permit or permits held by the operator.
(e) No animal shall be kept at any such facility for a period in excess of one hundred
and eighty (180) days,
(f) All animals shall be kept or maintained in such manner that a nuisance is not
generated by insects, excessive odor, dust, noise, or other conditions deemed by the
zoning administrator to be detrimental to the community health, safety and welfare.
(g) Removal of dead animals shall be conducted in accordance with the provisions of
section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator
shall be the owner of the wildlife they are rehabilitating for the purposes of City Code
section 5-14,
(h) Removal of all waste, including medical waste, shall be conducted daily in
accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach.
(i) All structures, buildings, or cages used for the shelter of animals shall comply with
the dimensional requirements of the zoning district in which the facility is located,
provided that cages or other wildlife confinement areas shall not occupy more than a
total of twenty (20) percent of the lot on which the facility is located. Structures in which
animals are confined shall not exceed eight (8) feet in height.
Q) There shall be no signs pertaining to the use on the property other than one (1) non-
illuminated sign, not to exceed one (1) square foot in area, that may provide
identification of the facility, notice to the public of any potential hazards related to the
operation of the facility, and notice to the public of basic instructions for delivery of sick,
injured, orphaned, or displaced wildlife.
(Ord. No. 2976, 4-24-07)
SUZANNE MCBRIDE
Agenda Item 6
Page 3
CONDITIONS
1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining
to Home-Based Wildlife Rehabilitation Facilities.
2. As the property is at the headwaters of the Elizabeth River, no cages shall be located within 50 feet of
the 40 foot drainage easement shown on the submitted plan entitled, "Lot 8, Block A, Subdivision of
Fairfield," dated 12/12/98, prepared by A&W Surveying & Design, Inc. Any existing cages in this area
shall be relocated within the rear yard within 30 days of City Council approval to meet this condition.
3. A three (3) foot wide by 40 foot wide (3' x 40') mulched (4 to 6 inches in depth) bed with plant material
shall be installed along the southern fence line to intercept and filter stormwater from the site prior to it
entering the headwaters of the Elizabeth River.
4. All cages and structures shall meet the minimum zoning setbacks of five (5) feet from the side property
line and five (5) feet from the rear property line. Any cages and structures not meeting this requirement
at the time of City Council approval of this Use Permit shall be moved to meet the setbacks within 30
days of City Council approval.
5. A site plan depicting consistency with all conditions herein shall be submitted to Current Planning
Division of the Planning Department within 30 days of City Council approval.
6. The use shall be administratively reviewed in one year to ensure these conditions are being followed.
7. Any food stored outside shall be in airtight, animal proof containers, out of public view.
8. The existing six (6) foot high, solid privacy fence shall remain in place and in good repair as long as
the Conditional Use Permit is active.
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.
SUZANNE MCBRIDE
Agenda Item 6
Page 4
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SUZANNE MCBRIDE
Agenda Item 6
Page 5
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1 08/10/99 CUP (child care) Granted
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08/19/85 CUP (church) Granted
ZONING HISTORY
SUZANNE MCBRIDE
Agenda Item 6
Page 6
II DISCLOSURE STATEMENT
II
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)
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,
2, List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
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)a.fheck 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)
.'v ......
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
\, ; :\
.p 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 -
If yes, what is the name of the official or employee and the nature of their interest?
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Conditional Use Permit Application
Page 9 of '0
Revised 7 '312007
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Agenda Item 6
Page 7
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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)
r',.r il e
, .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 9 2.2-3101,
:' "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 (Hi) 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 S
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,
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Print Name
Conditional Use Permn Application
Page 10 of 10
Revised 7 !3/200 7
SUZANNE MCBRIDE
Agenda Item 6
Page 8
Item #6
Suzanne McBride
Conditional Use Permit
5252 Pleasant Hall Court
District 2
Kempsville
April 9, 2008
CONSENT
Janice Anderson: Usually the next matter we handle is the consent agenda. On today's
consent agenda, we have several applications regarding wildlife rehabilitation. The
Commission members have requested a little review on what requirements the City review
when they review an application when it come before them. We have Clay Bernick. If you
could, please address those items for us today. Thank you very much.
Clay Bernick: Good afternoon Madame Chairman and members of the Commission. In your
informal session, there were several questions you raised regarding home based wildlife
rehabilitation. I've gathered some information together to try and answer that for you. If
there are any other related questions, I'll be glad to try to address those for you as well. First
of all, as you know, we have in our code now, two provisions for wildlife rehabilitation. One
regards home based rehabilitation, which is the Use Permit request today before. The other
will allow for the creation and citing of a wildlife rehabilitation center somewhere in the city.
That would require a separate Use Permit. So, today we're looking just at the home based
situations. Each of those applications, of course, need to comply not only with our Use
Permit conditions as required but the special conditions that you established, and would be
considering today, and that each of the applicants have had a chance to look at. They are, in
addition, also licensed to practice as a rehab or applied to either to the Department of Gaming
and Inland Fisheries at the State level, or the U.S. Fish and Wildlife Service at the Federal
level, and the licenses they have depend upon several things. Either their level of expertise
or training to rehab, injured or orphaned wildlife, as well as the type of species they work
with. So, some people, for example, can only work with small animals like squirrels and
rabbits. And other people who have more extensive training and have the proper licenses can
rehab things like raptures, hawks, eagles, osprey, things of that sort, so they make sure that,
first of all, the person has the right training and expertise, and then their license also would
require that they have not only that training but that their area where they're going to rehab
these animals is appropriately sized and has the right type of cages, the right kind of
sanitation and disposal, all those different conditions. This is a copy of the State's
Guidelines and Regulations and Permit conditions. It gets very explicit. It spells out the
sizes of cages, how many animals they can have, how long they should rehab them, and so
forth. We piggybacked this information into our Conditional Use Permit requirements. So
each applicant has to comply with what they have to do anyway. That is the first question for
you pretty much answered, I think. The second and more specific question, I think, what do
we do about release of animals once they have been rehabbed? Assuming they've been
rehab so they can be released to the wild, that determination is made by the rehabber based
on their expertise and training, that the animal has recovered to the point that it can survive
I I I
Item #6
Suzanne McBride
Page 2
on its own, that ifit was orphaned, it's matured to the point that it can survive on its own.
And, the State has two basic criteria there. The first is that no rehab animal can be released
onto State or Federal property, like a State park or wildlife refuse. There is a reason for that.
One is that those areas are specifically designed to handle native species. If, for some reason,
if a non- native species was introduced into the habitat, First Landing or False Cape or Back
Bay Refuge for example, it could upset the genetic pool of the animals that are out there. It
could also become a nuisance animal that might start breeding, and out compete with the
native animals that they are trying to maintain or track to areas like the refuse or the state
park. So, those areas are offlimits. The State criteria and the permit conditions say that they
are supposed to be released to the wild. Today, after your question, I called our non-game
biologist with the Department of Game and Fisheries, who administers the State program.
His advice to me was that those animals have to be returned either to where they were found
or as close to where they were found as the habitat conditions would require. So, for
example, if somebody found an abandoned squirrel that was rehabbed in a neighborhood in
Great Neck, and then the goal would be to rehab that squirrel, release it back into the Great
Neck neighborhood, either where it was found or in close proximity as we could to that area.
That said, we're talking primarily private property unless it happened to be a neighborhood
park or some other piece of public property where we do not have any specific requirement
and City code for the release of wild animals. So, that would be appropriate. If it is on
private property, then you have to have the permission of the property owner, that I have
rehabbed this animal. Is it okay to release it here? So, those would be the criteria. So, the
concern about rehabbing small wildlife mammals, birds, and then carting all those down to
the southern end of the City, for example, the release on farm land or somebody's private
property that is not allowed in the regulations. They are supposed to be released where they
are found.
Janice Anderson: Thank you.
Clay Bernick: The second big question, I think that was brought up was the whole idea of a
rehab center. The City is actually working with a group of wildlife rehabbers now who do
the home based wildlife rehab. In fact, many of the ones that are going to be on your agenda
today, we have been meeting with, and as a group, they proposed an idea to create a rehab
center in Virginia Beach in an appropriate location. The closest rehab center in Virginia is
up in the Waynesboro area. The only one in Virginia really that handles the kind of species
that we need. So, there is a real need here. The State knows this. They've identified this. In
fact, there was some legislation that was introduced a few years ago in the General Assembly
that proposed a rehab center here, but we didn't have a location. We have an opportunity
now because of some of the properties the City is acquiring to protect encroachment from
Oceana and Fentress, and the Interfacility Traffic Area that might be a real suitable, good
location. So, we're working out a proposal with the City's real estate office where they
would approach the City. City Council would have to approve this of course, and we would
work some sort oflease arrangement where a facility could be sited. Animals that are in
rehab that could not be released would move to this facility where they could continue to live
out their normal life, and they could also become a real center for doing this in our regions.
Item #6
Suzanne McBride
Page 3
That is where we are in that process now. We hope to be able to bring that forward to City
Council later this year, and bring that to closure.
Janice Anderson: Well good. Does anyone have any questions for Clay? Go ahead Dave.
David Redmond: Just one quick question Mr. Bernick. The idea of about where these
animals are released. That is very common and acknowledgeable to the people who are
licensed? I would imagine if you are licensed by Game and Inland Fisheries and the U.S.
Fish and Wildlife Service where you are supposed to release these animals. If they know
h. 'gh?
tIS, n 1.
Clay Bernick: A very good point. In addition to getting this license, they have to go through
some extensive training with the State and Federal agencies to get the license. They are
provided not only classroom experience and training, but they receive manuals on proper
care and release of different species. They have those handbooks and guidelines to work with
as they do their work.
David Redmond: Okay. Thank you.
Janice Anderson: Thank you very much.
Clay Bernick: You're welcome.
Joseph Strange: The next matter is agenda item 6. This is an application of Suzanne
McBride. An application of Suzanne McBride for a Conditional Use Permit for wildlife
rehabilitation on property located at 5252 Pleasant Hall Court, District 2, Kempsville, with
eight conditions. Is there a representative on this application?
Suzanne McBride: Good afternoon. I'm Suzanne McBride.
Joseph Strange: Welcome. Are the conditions acceptable?
Suzanne McBride: They are fine.
Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent
agenda? Do any of the Commissioners have any questions? Okay. Ifnot, the Chairman has
asked Henry Livas to review this item.
Henry Livas: The applicant requests a Conditional Use Permit to allow a home based
wildlife rehabilitation facility. The applicant is licensed to rehabilitate many wildlife species
including small mammals, such as otters, squirrels and rabbits. Ten existing cages provide
shelter, specifically for young rabbits, raccoons and squirrels, and possums and others. The
proposed outdoor rehabilitation area is located on a small portion ofthe 23,000 square foot
lot. She provides a value service to the community and has been operating this facility
'"
Item #6
Suzanne McBride
Page 4
without complaint. The proposal complies with Section 242.3 of the City Zoning Ordinance,
so, therefore, we put it on the consent agenda.
Janice Anderson: There was a letter that we were just handed that came in. You are still
being placed on the consent agenda but the author of the letter wanted it to be noted. I
believe she is a neighbor. I'm just going to hand it to you for your consideration.
Suzanne McBride: Okay.
Janice Anderson: Okay. Thank you.
Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 6.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent.
Wayne M. Hixenbaugh
612 South Claypool Court
Virginia Beach, VA 23464
April 8, 2008
Carolyn A. K. Smith, Staff Planner
Municipal Center
Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, VA 23456
Re: McBride application for a 'Conditional Use Permit for wildlife rehabilitation'
Dear Ms. Smith,
I am writing in regards to notification of the McBride hearing to be held on
Wednesday, April 9, 2008. I am unable to attend the hearing in person due to work
responsibilities; therefore I am faxing this letter of opposition. I am requesting that
my concerns be included in all discussions relative to Ms. McBride's application.
My property directly adjoins Ms. McBride's property. Both of our properties are
adjacent to a storm water drainage culvert which feeds into the east branch of the
Elizabeth River. This said, our properties are innately prone to rodents due to the
damp environment provided at the culvert. Ms. McBride's activities on her
property have only increased rodent activity due to the constant presence of shelter
and food. I was shocked to learn that she is only now applying for a permit as my
understanding had been that this was already an official rehabilitation facility.
Numerous cages, feeding, and sheltering establishments have been present in her
back yard for at least three years.
The notification of Ms. McBride's proposed wildlife rehabilitation facility was sent
to me and my neighbors because our properties are either 'directly adjacent to or
directly across the street', per the document. As the names, nor addresses, were
included in the city's communication, I am assuming that only six of the property
owners have been notified of this proposal. In addition to the notified parties,
approximately 100 homes with children and domesticated animals will be indirectly
impacted. I am sure these fellow taxpayers would also be interested in notification
of Ms. McBride's proposal.
In order to provide an educated opinion, I have researched the pros and cons of
wildlife rehabilitation. Having been witness to numerous opossum, raccoon,
squirrels, tree rats, and fox on our property, I've always had concerns with the
presence of this type of facility (and the resulting rodents) in my neighborhood.
I am including excerpts from the official National Wildlife Rehabilitators
Association website which I would like to be discussed and considered prior to
granting this permit.
. 'Fear of humans is a necessary survival trait for wild animals and every
effort is made to minimize human contact and prevent the taming of
rehabilitation patients.'
. '(Wildlife rehabilitators) 'need to understand any dangers the animals may
present to the rehabilitators.'
. 'There is also the welfare of your own family to consider. Wild animals can
be dangerous, especially when frightened or injured.'
. 'Infections, parasites, and injuries are difficult to detect and treat in wild
animals.'
. 'Wildlife diseases, such as distemper, may pose a threat to companion
animals, while others, including rabies, can be transmitted to humans, too.
The Association's cite states that these 'wild' animals should have minimal human
contact and should not be tamed. Furthermore, it sites on numerous occasions the
danger of wildlife rehabilitation.
Questions:
. If the City of Virginia Beach chooses to approve Ms. McBride's request for
this permit, what measures will the City of Virginia Beach take to ensure that
the health and welfare of neighboring humans, domesticated animals, and
property not be negatively impacted by attacks, disease, destruction?
. Will the City of Virginia Beach or Ms. McBride be liable for any veterinary
bills incurred from non-domesticated animal attacks on the domesticated
animal(s) owned by myself and my neighbors?
As a Virginia Beach taxpayer, I do not feel that Ms. McBride's desire and efforts,
although noble and humane, should override the health and welfare of the
neighborhood as a whole. I fully understand and respect the establishment of these
facilities. However, do not agree with the location being in the middle of a
neighborhood within city limits in which the homes are all within 30 feet of one
another. As in any close-proximity living arrangement, neighbors should be
respectful of the safety and comfort of one another. At all times, the city's priority
should be the same.
Additionally, I have concerns regarding the impact of said facility on my property
value and resale ability. I'm relatively sure that the unattractive view and
unpleasant odor of Ms. McBride's facility would deter potential buyers.
Unfortunately, upon purchase of my home, the overgrowth of trees and shrubs
prevented me from realizing that I was moving in beside a wildlife refuge.
I realize that, ultimately, the city nor Ms. McBride have control over the presence of
the undesirable creatures, however the presence of her facility only welcomes them
into our neighborhood. I can only assume that Ms. McBride's activities, which have
apparently been conducted without a permit prior to now, will only increase with
this permit from the city.
I ask that you take my aforementioned research and concerns into consideration
and deny the application for this permit. In the case that this application is denied,
I would also ask that the city investigate the ongoing activities on Ms. McBride's
property and require her to cease with these activities as they have already been
conducted without permit and are already endangering the welfare of our
neighborhood. Thank you.
Sincerely,
Wayne M. Hixenbaugh
cc: Approximately 50 neighboring properties of Suzanne McBride, 5252 Pleasant
Hall Court, Virginia Beach, VA 23464
III
Carolyn Smith
'=rom:
)ent:
To:
Subject:
jkisseIl1@cox.net
Monday, April 07, 2008 3:36 PM
Carolyn Smith
Public Hearing GPIN 1466568715, Wednesday, April 8,12:00 noon
Ms. Smith:
As a resident of Fairfield, I want to express my concerns about granting a permit to
rehabilitate wild animals in my neighborhood. After our conversation on Friday, I still
have concerns and want to submit my explanation to be included in the hearing.
Even though Ms. McBride plans to keep the animals in cages, some animals may escape.
Squirrels are particularly notorious for chewing through most anything, and several of my
possessions have been damaged including two vehicles and a boat. I am not thrilled that
she wants to save and rehabilitate squirrels which may come to my property and do more
damage.
Secondly I am concerned that the animals Ms. McBride is rescuing may have diseases such as
rabies or bird flu. I don't like the idea that possibly sick animals will be so close to
my home and may come into contact with my grandchildren or pets.
I have seen several different types of wild animals roaming in my yard already, and I
don't want someone to be increasing the population of these wild animals in Fairfield. I
would like to know if these animals will be released into the neighborhood once they are
well, or will Ms. McBride take them to the less developed areas of our city so they may
roam in the country?
For these reasons, I am submitting my objection to the approval of permit #GPIN
"466568715.
Sincerely,
patricia O. Hawthorne
5252 Locke Lane
1
DENISE N. THOMPSON
Map D-3
Mo Not to Scole
ImlF CRFFK RFSFR\'O/R
CUP for Home-Based Wildlife Rd1dbilitation facility
Bayside District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow Home-Based
Wildlife Rehabilitation on the property.
· Applicant has been rehabilitating wildlife on the site, unaware of the
need for a Use Permit. There have been no complaints to the Zoning
Office pertaining to this use at this location.
· Proposal meets the criteria for this use, as provided for in Section
242.3 of the Zoning Ordinance.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Denise N. Thompson for a Conditional Use Permit for
wildlife rehabilitation on property located at 1617 Jack Frost Road (GPIN
1469734937). DISTRICT 4 - BAYSIDE
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit for a Home-Based Wildlife
Rehabilitation Facility. The applicant is licensed through the Virginia Department
of Game and Inland Fisheries as a Category II-A rehabilitator and through the
United States Fish and Wildlife Service.
. Considerations:
The applicant is permitted to rehabilitate birds, Canada geese, small mammals
and various ducks; however, her specialty is healthy baby squirrels. She does
not accept sick or injured animals. The operation is very low-key with less than
100 animals cared for in a year. The animals are kept in two (2) enclosures
located in the rear yard.
The enclosures are 112 feet from the neighbor to the north, 155 feet from the
neighbor to the northeast, and 50 feet from the edge of water. The smaller of the
pens is 49 square feet and 12 feet from the rear (north) property line, thus
meeting the R-20 Residential District setback requirement for accessory
structures less than 150 square feet. The larger pen is 273 square feet, 40 feet
from the rear (north) property line and 43 feet from the side (west) property line,
which meets the setback requirements for accessory structures over 150 square
feet. The larger pen does exceed the permitted height by two (2) inches. Staff
does not feel this is excessive and recommends that the applicant be allowed to
maintain the pen as it currently exists. Section 221 (i) of the City Zoning
Ordinance allows the Planning Commission and City Council to consider such
deficiencies provided the proposed conditional use, together with the conditions
attached, ensure compatibility with the neighborhood with regard to existing and
proposed land uses permitted by right in the area. Staff finds the use is
compatible with the existing uses within the neighborhood. The site is heavily
landscaped and treed, providing an excellent buffer for the neighbors and also
Lake Smith (the Eastern Branch of Little Creek Reservoir).
Denise N. Thompson
Page 2 of 2
The request is not a result of a zoning violation, as the applicant has operated
without incident or complaint. The applicant desires to comply with the City
Zoning Ordinance requirements regarding wildlife rehabilitation. Staff finds the
request reasonable and recommends approval subject to the conditions listed
below.
The Planning Commission placed this item on the consent agenda because the
proposal complies with Section 242.3 of the City Zoning Ordinance pertaining to
Home-Based Wildlife Rehabilitation, the applicant has been operating at this
location without complaint, and there was no opposition present at the hearing.
. 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 adhere to the standards of Section 242.3 of the City
Zoning Ordinance pertaining to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one year to ensure these
conditions are being adhered to.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
CityManager~ l,~
DENISE N.
THOMPSON
Agenda Item 9
April 9, 2008 Public Hearing
REQUEST:
Staff Planner: Faith Christie
Conditional Use Permit for Home-Based Wildlife
Rehabilitation
ADDRESS I DESCRIPTION: Property located at 1617 Jack Frost Road
GPIN:
14697349370000
COUNCIL ELECTION DISTRICT:
4 - BA YSIDE
SITE SIZE:
31,288 square feet
The applicant requests a Conditional Use Permit to allow use
on the site of Home-Based Wildlife Rehabilitation. The
applicant is licensed through the Virginia Department of Game and Inland Fisheries as a Category II-A
rehabilitator and through the U. S. Fish and Wildlife Service. The applicant is permitted to rehabilitate
birds, Canada goose, small mammals and various ducks; however, her specialty is healthy baby
squirrels. She does not accept sick or injured animals. The operation is very low-key with less than 100
animals cared for in a year. The animals are kept in two (2) enclosures located in the rear yard.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· A 30-foot wide ingress-egress easement I R-20 Residential
. Jack Frost Road
· A single-family dwelling I R-20 Residential
· Lake Smith (Eastern Branch of Little Creek Reservoir)
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is wooded and landscaped. It is located within the Resource
Management area of the Chesapeake Bay Preservation Area.
There are no cultural features associated with the site.
DENISE N. THOMPSON
Agenda Item 9
Page 1
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
City Services are not impacted by the request.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Presidential 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 established type, size, and relationship of land use, both residential and non-residential, in and
around these neighborhoods should serve as a guide when considering future development. The
proposal conforms to the Comprehensive Plan's recommendations for this area and is compatible with
the adjacent residential neighborhood.
Evaluation:
The applicant provides a very low-key service catering primarily to motherless baby squirrels. As required,
the applicant is licensed by both the Virginia Department of Game and Inland Fisheries and U. S. Fish
and Wildlife Service. When staff performed the site inspection during evaluation of this request, there
were no animals in the two pens; however, the pens are clean and well kept. The pens are 112 feet from
the neighbor to the north, 155 feet from the neighbor to the northeast, and 50 feet from the edge of water.
The smaller of the pens is 49 square feet and 12 feet from the rear (north) property line, thus meeting the
R-20 Residential District setback requirement for accessory structures less than 150 square feet. The
larger pen is 273 square feet, 40 feet from the rear (north) property line and 43 feet from the side (west)
property line, which meets the setback requirements for accessory structures over 150 square feet. The
larger pen does exceed the permitted height by two (2) inches. Staff does not feel this is excessive and
recommends that the applicant be allowed to maintain the pen as it currently exists. Section 221 (i) of the
City Zoning Ordinance allows the Planning Commission and City Council to consider such deficiencies
provided the proposed conditional use, together with the conditions attached, ensure compatibility with
the neighborhood with regard to existing and proposed land uses permitted by right in the area. Staff finds
the use is compatible with the existing uses within the neighborhood. The site is heavily landscaped and
treed, providing an excellent buffer for the neighbors and also Lake Smith (the Eastern Branch of Little
Creek Reservoir).
The City Zoning Ordinance permits wildlife rehabilitation as a home occupation provided the following
requirements are met:
DENISE N. THOMPSON
Agenda Item 9
Page 2
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ... Page 1 of 1
Sec. 242.3. Home-based wildlife rehabilitation facility.
Home-based wildlife rehabilitation facilities shall meet the following standards:
(a) Each operator shall ensure that each animal is provided with:
(1) Adequate food and water;
(2) Adequate shelter that is clean and of the proper type and size for the
particular type of animal and its age, size, species, and weight;
(3) Adequate exercise;
(4) Adequate lighting; and
(5) Veterinary care as necessary to prevent suffering or disease transmission.
(b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation
permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird
wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the
operator rehabilitates migratory birds.
(c) Only species for which an operator holds current state and, if applicable, federal
permits shall be kept in such a facility for more than twenty-four (24) hours. All animals
not authorized to be kept pursuant to such permits shall be transported to an appropriate
wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility
within twenty-four (24) hours of receipt of such animal.
(d) No operator shall keep a greater number of animals at anyone time than those for
which the operator maintains adequate caging as required by the applicable state or
federal permit or permits held by the operator,
(e) No animal shall be kept at any such facility for a period in excess of one hundred
and eighty (180) days.
(f) All animals shall be kept or maintained in such manner that a nuisance is not
generated by insects, excessive odor, dust, noise, or other conditions deemed by the
zoning administrator to be detrimental to the community health, safety and welfare,
(g) Removal of dead animals shall be conducted in accordance with the provisions of
section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator
shall be the owner of the wildlife they are rehabilitating for the purposes of City Code
section 5-14.
(h) Removal of all waste, including medical waste, shall be conducted daily in
accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach.
(i) All structures, buildings, or cages used for the shelter of animals shall comply with
the dimensional requirements of the zoning district in which the facility is located,
provided that cages or other wildlife confinement areas shall not occupy more than a
total of twenty (20) percent of the lot on which the facility is located. Structures in which
animals are confined shall not exceed eight (8) feet in height.
(j) There shall be no signs pertaining to the use on the property other than one (1) non-
illuminated sign, not to exceed one (1) square foot in area, that may provide
identification of the facility, notice to the public of any potential hazards related to the
operation of the facility, and notice to the public of basic instructions for delivery of sick,
injured, orphaned, or displaced wildlife.
(Ord. No. 2976, 4-24-07)
http://library4,municode,com/default/DocView/l 0122/11216/218
3/3/2008
DENISE N. THOMPSON
Agenda Item 9
Page 3
The request is not a result of a zoning violation, as the applicant has operated without incident or
complaint. The applicant desires to comply with the City Zoning Ordinance requirements regarding wildlife
rehabilitation. Staff finds the request reasonable and recommends approval subject to the conditions
listed below.
CONDITIONS
1. The applicant shall adhere to the standards of Section 242.3 of the City Zoning Ordinance pertaining
to Home-Based Wildlife Rehabilitation Facilities.
2. The use shall be administratively reviewed in one year to ensure these conditions are being adhered
to.
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.
DENISE N. THOMPSON
Agenda Item 9
Page 4
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PROPOSED SITE PLAN
DENISE N. THOMPSON
Agenda Item 9
Page 5
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DENISE N. THOMPSON
Agenda Item 9
Page 6
I Ii
ItTTI F CRFFK RFSFRVO/R
CUP for Home-Based Wildlife Reh",bilitatiun facility
1. 4/13/93 Subdivision Variance Denied
7/7/92 Subdivision Variance Approved
1 0/20/86 Rezoning (R-3 Residential to R-4 Residential) Denied
2. 12/12/89 Subdivision Variance Approved
4/22/85 Subdivision Variance Withdrawn
ZONING HISTORY
DENISE N. THOMPSON
Agenda Item 9
Page 7
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)
\.;0.
2, List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
\j~
~ 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)
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2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
'\'v (\-
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization,
1 i
& 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-A..
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of , 0
ReVised 7:32007
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Agenda Item 9
Page 8
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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)
\JrA
; "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
interest in the other business entity. (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (Hi) 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 ~
2.2-3101,
CERTIFICA TION: 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,
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Print Name
Property Owner's Signature (if different than applicant)
Print Name
Conditional Use Permit Application
Page 10 of 10
ReVised 7,3.'2007
DENISE N. THOMPSON
Agenda Item 9
Page 9
Item #9
Denise N. Thompson
Conditional Use Permit
1617 Jack Frost Road
District 4
Bayside
April 9,2008
CONSENT
Joseph Strange: The next matter is agenda item 9. An application of Denise N. Thompson
for a Conditional Use Permit for wildlife rehabilitation on property located at 1617 Jack Frost
Road, District 4, Bayside, with two conditions.
Deborah C. Hoover-Powers: Hi. I'm Deborah C. Hoover-Powers, and I'm here on behalf of
Denise Thompson has a full time job. She couldn't be here today.
Joseph Strange: Are the conditions acceptable?
Deborah C. Hoover-Powers: Yes, they are to her.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
Are there any questions from the Commissioners? The Chairman has asked Dave Redmond
to review this item.
David Redmond: Thank you Mr. Strange. The applicant, Denise M. Thompson, requests a
Conditional Use Permit to allow use ofthe site for home based wildlife rehabilitation. The
applicant provides a very low key service, catering primarily to motherless baby squirrels.
The applicant is licensed both by the Virginia Department of Game and Inland Fisheries and
the United State Fish and Wildlife Service. Staff finds the use compatible with existing uses
within the neighborhood. The site is heavily landscaped and treed and provides an excellent
buffer for the neighbors, and also for Lake Smith. Staff recommends approval of the
application, and the Commission concurs by consent.
Deborah C. Hoover-Powers: Thank you.
Joseph Strange: Thank you Dave. Chairman, I have a motion to approve agenda item 9.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
i I I
Item #9
Denise N. Thompson
Page 2
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 9 for consent.
RICK IRVING
Richard Irvin
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CUP - Residential Kennel
Princess Anne District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow for a residential
kennel on the property.
· There are currently six adult beagles and two four-month old pups
on site.
· Applicant desires to keep a maximum of 7 adult dogs.
· Surrounding property is either owned by family members or is in the
ARP program.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Rick Irving for a Conditional Use Permit for a residential
kennel on property located at 1908 North Muddy Creek Road (GPIN 2412094394).
DISTRICT 7 - PRINCESS ANNE
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit to allow a residential kennel for
seven adult dogs.
The Comprehensive Plan recognizes this site to be within the "Rural Area." The
area is characterized as low, flat land with wide floodplains and altered drainage.
The Comprehensive Plan recognizes this area as agricultural and rural with uses
related to farming, forestry, rural residential and other rurally compatible uses.
. Considerations:
There are currently six adult beagles and two four-month old puppies on site.
There is a 15 feet by 20 feet (15'x20') kennel with four runs 5 feet wide and 10
feet long, connected by a 5 feet wide and 20 feet long walkway. The kennel is
completely covered by a pole barn with a large fenced in area for the dogs to
play. The applicant plans to add two more runs in the future. The dogs are used
primarily for hunting, but are family pets as well.
The applicant lives on a relatively large lot in the rural area of the city. No
complaints related to the dogs have been reported to the Police Department or
Animal Control. Section 223 of the Zoning Ordinance, which regulates this type
of activity, requires that the area of a parcel used as a residential kennel be
located 100 feet or more from the property line of any adjacent lot, except where
the animals are kept in soundproof, air-conditioned buildings. The area of the
subject parcel used for the kennel is located approximately 55 feet from the
adjacent property line to the west. In a suburban or urban setting, this could be a
problem; however, since in this rural setting, the lot sizes are large and the
adjacent properties are in the Agricultural Reserve Program, the distance of 55
feet is not anticipated to be an issue. Staff, therefore, recommends that the
applicant be allowed to maintain the kennel in its current location. Section 221 (i)
of the City Zoning Ordinance allows the Planning Commission and City Council
to consider such deficiencies provided the proposed conditional use, together
with the conditions attached, ensure compatibility with the surrounding area with
Rick Irving
Page 2 of 2
regard to existing and proposed land uses permitted by right in the area. In sum,
this application is recommended for approval subject to the conditions listed
below.
The Planning Commission placed this item on the consent agenda because the
use is appropriate for the site, there have been no complaints regarding the
existing dogs, and there was no opposition to the item.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. No more than seven adult dogs (over six months of age) shall be kept on the
property at any time. No breeding, grooming or boarding of any other dogs for
monetary or non-monetary purposes shall be permitted.
2. Dog litter shall be picked up and disposed of on a daily basis.
3. The applicant shall maintain the dogs in a current status on any required
shots and shall properly license the dogs through the City of Virginia Beach.
4. As provided for in Section 221 (i) of the City Zoning Ordinance, and based on
a finding that the current location of the kennel on the parcel is compatible to
existing and potential future land uses in the surrounding area, the setback of
100 feet required by Section 223 of the Zoning Ordinance is modified to 55
feet.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage~)L\(xg~
REQUEST:
Conditional Use Permit for Residential Kennel
. 0
.""
RICHARD IRVING
Agenda Item 11
April 9, 2008 Public Hearing
Staff Planner: Karen Prochilo
ac.2
ac-l
ADDRESS I DESCRIPTION: Property located 1908 North Muddy Creek Road.
GPIN:
24120943940000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3 Acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
residential kennel for seven adult dogs. There are currently six adult beagles and two four-month old pups
on site. There is a 15 feet by 20 feet (15'x20') kennel with four runs 5 feet wide and 10 feet long,
connected by a 5 feet wide and 20 feet long walkway. The kennel is completely covered by a pole barn
with a large fenced in area for the dogs to play. The applicant plans to add two more runs in the future.
The dogs are used primarily for hunting, but are family pets as well.
The applicant has indicated that the property adjacent to his is owned by family and a majority of it is in
the Agricultural Reserve Program.
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Rural residential single-family dwelling occupies the site
SURROUNDING lAND
USE AND ZONING:
North:
South:
. Cultivated farm land in ARP / AG-1/AG-2 Agricultural Districts
. Across Muddy Creek Road rural residential and cultivated farm
land / AG-1/AG-2 Agricultural Districts
. Rural residential/ AG-2 Agricultural District
. Cultivated farm land in ARP / AG-2 Agricultural District
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is open uncultived farmland. There are no
cultural features associated with this site.
RICHARD IRVING
Agenda Item 11
Page 1
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): Traffic
Engineering believes the proposed use will not generate traffic volumes greater than those within the existing
residential neighborhood.
WATER and SEWER: City Services are not impacted by the request.
ENVIRONMENTAL HEALTH: This department does not have any objections to this use at the location shown
on the plan.
ANIMAL CONTROL: There have been no complaints or issues at this property related to the animals.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as
low, flat land with wide floodplains and altered drainage. The Comprehensive Plan recognizes this area
as agricultural and rural with uses related to farming, forestry, rural residential and other rurally
compatible uses.
The request for a conditional use permit for a residential kennel is in keeping with the planning objectives
outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as a balance
between the natural environment and human uses with farms, horse boarding, campgrounds, wineries
and open space activities" (Pg.164)
Evaluation:
The applicant's request for a Conditional Use Permit for seven dogs is acceptable. The applicant lives on
a relatively lar!~e lot in the rural area of the city. No complaints related to the dogs have been reported to
the Police Department or Animal Control. Section 223 of the Zoning Ordinance, which regulates this type
of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from
the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned
buildings. The area of the subject parcel used for the kennel is located approximately 55 feet from the
adjacent propElrty line to the west. In a suburban or urban setting, this could be a problem; however, since
in this rural setting, the lot sizes are large and the adjacent properties are in the Agricultural Reserve
Program, the distance of 55 feet is not anticipated to be an issue. Staff, therefore, recommends that the
applicant be allowed to maintain the kennel in its current location. Section 221 (i) of the City Zoning
Ordinance allows the Planning Commission and City Council to consider such deficiencies provided the
proposed conditional use, together with the conditions attached, ensure compatibility with the surrounding
RICHARD IRVING
Agenda Item 11
Page 2
area with regard to existing and proposed land uses permitted by right in the area. In sum, this application
is recommended for approval subject to the conditions listed below.
CONDITIONS
1. No more than seven adult dogs (over six months of age) shall be kept on the property at any time. No
breeding~ grooming or boarding of any other dogs for monetary or non-monetary purposes shall be
perm itted.
2. Dog litter shall be picked up and disposed of on a daily basis.
3. The applicant shall maintain the dogs in a current status on any required shots and shall properly
license the dogs through the City of Virginia Beach.
4. As provided for in Section 221 (i) of the City Zoning Ordinance, and based on a finding that the current
location of the kennel on the parcel is compatible to existing and potential future land uses in the
surrounding area, the setback of 100 feet required by Section 223 of the Zoning Ordinance is modified
to 55 feet.
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.
RICHA.RD IRVING
Agenda Item 11
Page 3
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RICHARD IRVING
Agenda Item 11
Page 4
PHOTOS OF KENNEL
RICHARD IRVING
Agenda Item 11
Page 5
Richard Irvin
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No Zoning History in this Area
ZONING HISTORY
RICHARD IRVING
Agenda Item 11
Page 6
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)
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2, List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
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if 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-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Ja' Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization,
1 & 2 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 -X-
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 7/312007
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RICHARD IRVING
Agenda Item 11
Page 7
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DISCLOSURE STATEME
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)
-w/A
,
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 S 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 con sidered 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 S
2,2-3101,
CERllFICA liON: 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,
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Page 10 of 10
Revised 7/312007
RICHARD IRVING
Agenda Item 11
Page 8
Item #11
Rick Irving
Conditional Use Permit
1908 North Muddy Creek Road
District 7
Princess Anne
April 9,2008
CONSENT
Joseph Strange: The next item is item 11. An application of Rick Irving for a Conditional
Use Permit for a residential kennel on property located at 1908 North Muddy Creek Road,
District 7, Princess Anne, with four conditions.
Rick Irving: Hi. I'm Rick Irving. I have read the conditions and I agree with them.
Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the
consent agenda? If not, the Chairman has asked Al Henley to review this item.
Al Henley: Thank you. The property is located at 1908 North Muddy Creek Road. The
applicant requests a Conditional Use Permit to allow a residential kennel for seven adult
dogs. There are currently six adult beagles and two four month old pups on the site. There is
a 15' x 20' kennel with four runs, five feet wide and ten feet long, connected by a five foot
wide and 20 foot long walkway. The kennel is covered by a full barn with a large fenceD in
area for the dogs to play. The applicant plans to add two more runs in the future. The dogs
are primarily used for hunting but are family pets as well. I want to mention too that the farm
that surrounds this particular parcel is in the Agricultural Reserve Program. So, it does have
a large rural setting. Staff recommends approval of this, so, therefore the Planning
Commission has placed this item on the consent agenda. Thank you.
Joseph Strange: Thank you AI. Chairman, I have a motion to approve agenda item 11.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
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 #11
Rick Irving
Page 2
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 11 for consent.
LUXE SALON
Princess Anne District
Relevant Information:
· Applicant requests a Conditional Use Permit to allow use of the third
floor of the existing building for a beauty salon.
· The first and second floors are currently occupied by professional
service uses.
· Based on parking requirements for the professional service uses and
this proposed personal service establishment, there is sufficient
parking to accommodate both uses on this site.
· AICUZ is 65 to 70. Use is compatible in this AICUZ.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Luxe Salon, L.L.C. for a Conditional Use Permit for a hair
care center (hair, skin and nails) on property located at 2105 McComas Way (GPIN
2414074346). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: May 13, 2008
. Background:
The applicant requests a Conditional Use Permit to allow a beauty salon on the
third floor of an existing three-story building. Services will include hair, nails, and
facials.
This site is located in a Primary Residential Area. The Comprehensive Plan
Policy document reinforces the suburban characteristics of commercial centers
and other non-residential areas within the Primary Residential Area. The Plan
states that "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," (page 91).
. Considerations:
Two office buildings are located on this site: a single-story structure of
approximately 4900 square feet of floor area and the three-story structure of
approximately 9,900 square feet of floor area. The buildings share parking. The
submitted site plan depicts 62 parking spaces. Based on parking requirements
for office and personal service establishments, there is sufficient parking to
accommodate both uses on this site. Hours of operation will be Monday through
Thursday 9:00 a.m. until 8:00 p.m., Friday 9:00 a.m. until 6:00 p.m., and
Saturday 9:00 a.m. until 5 p.m. This facility will be closed on Sundays. This
proposal will begin with approximately 10 employees and continue to grow as
allowed by code.
The Planning Commission placed this item on the consent agenda because they
the personal service establishment (beauty salon) and the office use are
compatible, the existing parking is sufficient for both uses, and there was no
opposition.
Luxe Salon, L.L.C.
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following condition:
All applicable building permits and occupancy permits shall be obtained as
rE~quired by the Building Officials Office.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Plannin Commission recommends
approval.
Submitting Department/Agency: Planning Department
City ManageC;;::::~~ ~,'C:l8~
LUXE SALON, LLC
Agenda Item 16
April 9, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for a beauty salon.
ADDRESS I DESCRIPTION: Property located at 2105 McComas Way.
GPIN:
24140743460000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
Total site : 1 .25 acres
Lease area: 3,067 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
beauty salon on the third floor of an existing three-story building. Services will include hair, nails, and
facials.
Hours of operation will be Monday through Thursday 9:00 a.m. until 8:00 p.m., Friday 9:00 a.m. until 6:00
p.m., and Saturday 9:00 a.m. until 5 p.m. This facility will be closed on Sundays. This proposal will begin
with approximately 10 employees and continue to grow as allowed by code.
Two office buildings are located on this site: a single-story structure of approximately 4900 square feet of
floor area and the three-story structure of approximately 9,900 square feet of floor area. The buildings
share parking. The submitted site plan depicts 62 parking spaces. Based on parking requirements for
office and personal service establishments, there is sufficient parking to accommodate both uses on this
site.
LAND USE AND ZONING INFORMATION
SURROUNDING LAND
USE AND ZONING:
North:
EXISTING LAND USE: Commercial - office buildings
South:
. Across McComas Way is a mini-warehouse facility / B-1A
Limited Business District
. Intersection of General Booth Boulevard and Nimmo Parkway
LUXE SALON, LLC
Agenda Item 16
Page 1
East: . Commercial structure and associated parking I B-1A Limited
Business District
West: . Office I 0-2 Office District
NATURAL RE:SOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features on
this site, as it is almost entirely impervious.
AICUZ:
The site is in an AICUZ of 65 dB to 70 dB ldn surrounding NAS Oceana.
The use is compatible within this AICUZ.
IMPACT ON CITY SERVICES
MASTER TfUlNSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth
Boulevard is a four-lane divided minor urban arterial in the vicinity of this site. Nimmo Parkway is a four-lane
divided major suburban arterial in the vicinity of this site. There are no projects in the current CIP for these
segments of General Booth Boulevard or Nimmo Parkway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
General Booth 41 ,118 ADT , 22,800 ADT ; 1,190 Peak Existing land Use"-
Boulevard 1 ,805 Peak Hour (Level of Service "0") 110 ADT; 14 Peak Hour
Hour Capacity entering
27,400 ADT 1 ; 1,430 Peak
Hour (Level of Service "E") Proposed Land Use 3 -
Nimmo 11,855 ADT '; 34,900 ADT ; 1 ,820 Peak 226 ADT; 35 Peak Hour
Parkway 689 Peak Hour Hour (level of Service "0") entering
Capacity
37,100 ADT 1 ; 1,940 Peak
Hour (Level of Service "E")
Average Dally Tnps
2 as defined by 10,000 s.f. office building
3as defined by 7,000 s.f. office and 3,000 s.f, beauty salon
WATER and SEWER: This site is already connected to City water and sewer services.
FIRE: Comments may be provided during DSC review.
Recommendcltion:
Staff recommE~nds approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
This site is located in a Primary Residential Area. The Comprehensive Plan Policy document reinforces
the suburban Gharacteristics of commercial centers and other non-residential areas within the Primary
Residential An9a. The Plan states that "Limited commercial or institutional activities providing desired
LUXE SALON, LLC
Agenda Item 16
Page 2
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," (page 91 ).
Evaluation:
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is also compatible with the uses within the building and the surrounding area.
CONDITIONS
1. All applicable building permits and occupancy permits shall be obtained as required by the Building
Officials Office.
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.
LUXE SALON, LLC
Agenda Item 16
Page 3
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LUXE SALON, LLC
Agenda Item 16
Page 4
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LUXE SALON, LLC
Agenda Item 16
Page 5
. . R-20~~
5 u Bl'A REA
1 10/09/07 Conditional Use Permit (church) Granted
08/14/01 Conditional Use Permit (communications tower) Granted
08/14/01 Modification of Proffers Granted
02107/99 Conditional Rezonino from 0-2 to B-1A Granted
02/07/99 Conditional Use Permit (self storage facility) Granted
2 03/14/00 Conditional Rezoning from 0-2 to 0-2 with modified ...
conditions Granted
3 01/11/00 Conditional Use Permit (church) Granted
4 10/12/99 Conditional Rezoning from B-1A to B-1A with modified
conditions Granted
03/~~4/98 Conditional Rezoning from 0-2 to B-1A Granted
5 OS/25/99 Conditional Rezoning from AG-1/AG-2 & R-20 to A-18 Granted
6 01/22/08 Conditional Rezoning from AG-2 to B-4 Granted
ZONING HISTORY
LUXE SALON, LLC
Agenda Item 16
Page 6
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)
_l>~lU>tA5 ~N~ j~tJl~ ~~ ~"-.-lA~ tkl~~
~~(~S Vf\lLI ~~ A LL.t.,
2, List all businesses that have a parent-subsidiary1 or affiliated business entity2
relationship with the applicant (Attach list if necessary)
o 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
)J{lincorporated organization, complete the following:
<:.2J List the property owner name followed by the names of all officers, members,
trustees, partners, etc, below: (Attach list if necessary)
),M~ I~/~MC~ (Of).. Ma~l ~1,t.l,,~S)
(i) List all businesses that have a parent-subsidiary' or affiliated business entitf
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
Does an official or employee of the City of Virginia 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?
Condrtional Use PermIt Application
Page 9 of 10
Revised 7.'312007
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LUXE SALON, LLC
Agenda Item 16
Page 7
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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)
-I-Heff kS (of.Y1\ ~I P \.H~ M<;~ <;;us. u,ur.~
1 .Parent-subsidiary relationshi p. 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 S 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 con side red 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 S
22-3101
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 p' to the scheduled public hearing according to the instructions in this package, The
u 'ed 0' onsents to e~~~on the subject property by employees of the Department of
Planning t~ Ihot graph and Viej"e/te for purposes of pro~ evaluating this application
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Conditional Use Permit Application
Page 1001 10
ReVised 713;2007
LUXE SALON, LLC
Agenda Item 16
Page 8
Item #16
Luxe Salon, L.L.C.
Conditional Use Permit
2105 McComas Way
District 7
Princess Anne
April 9, 2008
CONSENT
Joseph Strange: The next item is item 16, Luxe Salon, L.L.C. for a Conditional Use Permit
for a hair care center on property located at 2105 McComas Way, District 7, Princess Anne,
with one condition.
Douglas Lane: Good afternoon. I'm Douglas Lane representing Luxe Salon. I agree with the
conditions.
Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent
agenda? If not, the Chairman has asked Al Henley to review this item.
Al Henley: I will be happy too. The property is located at 2105 McComas Way. The
applicant requests a Conditional Use Permit to allow a beauty salon on the third floor in an
existing three-story building. Services will include hair, nails and facials. The hours of
operation will be Monday through Thursday, 9:00 am to 8:00 pm, Friday from 9:00 am to
6:00 pm, and Saturday from 9:00 am to 5:00 pm. This facility will be closed on Sunday.
This proposal will be with approximately 10 employees but will continue to grow as time
allows by code. There are two buildings that are also located on this particular site. We
looked at the particular plans, and the submitted plans indicate 62 parking spaces. Based on
the parking requirements for office and personal service establishments, there is sufficient
parking to accommodate both uses for this site. Staffhas recommended approval, and
therefore, the Planning Commission has placed this item on the consent agenda.
Joseph Strange: Thank you AI. Chairman, I have a motion to approve agenda item 16.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
Item #16
Luxe Salon, L.L.C.
Page 2
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 16 for consent.
- 31 -
Item Y-LI.
PLANNING
ITEM # 53263
Upon mot/oil by Vrce Mavor Jon e 'i. \econded bl' Councilman Reevt'. Cl1y COUlIed MODIFIED Prof/en (#2. #3)
of tire Ordmance upon app/zc.atlOn of BA YMARK GOLF. Ll. C. It' a rezomng to COl/dlllol1al PD-H I (approved
hv O/)' COllllcrl on May 11. 1999. aJld June 26. 2001. m behalj of 8m,mark COIl!>lrUc.l1oft CurporatlOll)
ORDINANCE UPOV 4PPl.lCATlON OF BA YMARK GOLF L L C FOR A
MODlflC 4 nON OF PROFFERS FOR A REZONING TO CONDIT/ON 4L PD-H I
APPROVED Br CJ7Y COUNCiL ON M-1Y II. 1999 .,fND JUNE 26. JOOI.
(BA'Y1\14RK COVSTRUCTlO,\" CORP j
BE IT HEREBY ORDAiNED BY THE COUNCIL OF THE CITY OF J JRGINIA BEACH. YlRGINIA
Ordinance upon .4ppJrcatlOn of Ba~ mal k GoII. L L C JOI a ModificatlOll oj P, olrel s
(or (l Rezomng 10 COJ/dulO'w( PD-H I approved by CIt)' ('OWl< lion .Mllr J /. 1999
und June 26. 100/ rBel}mark ('C1!lstruc.twlr Corp j Prop!!llv 1\ /(1( ated elf tht!
~oulhea~1 mter~eCllOlI of Slgna/lm: Orc/(; und 5rgnatu,e Oll\'e rGPIA'
I 493858290000fJj DISTRiCT i PRINCESS 4,VNE
A modtjlcalcoll /0 Proffers 2 and 3 of the prim rezonmg5 allows the (on~trucllOn of a multI-put pose bwldl1lg In the
area south oj Slgna/ure Dnve TIllS U1 ea IS Cllrt eltt/y deslgnaled QI Community Green Space
The proposed :!>lle plan shows un 8,5M !>qumefool bll1/dlJlg \Htll 2,400 square feet of OllldoOl del.Amg A (u/ule
2.000 ~l/Uate (oot hUlldmg addltfOn 1\ ulJO \l1own ... pQlklllg IOf m {tOni o( the bill/dill/{ II al\f) shown on the
pI oposed plall The appltcant ha.s pI ol'lded Q1 (htlel IUra I de\'atICm.s fill the nt'W blllldmg 11101 show thut the '5trU('11I1 e
wrll be sum la, in !i1}le 10 ,he etl~/m.~ Slgnarure utI/! and CluhJrou\e Thc' herghl o/the SIll/LillI e rs S"OI~.1I at 251!'el
The building wrll he avatlablefor use bv the (OI1lfflUnllj" lor meellllg.\. enml\ alld llerghhor!wod gdtherlllgs
The follOWing condition shall he , equlred
I An amended (zgreement etrcompasslIIg proffers shall be recorded With the
Clerk of/he CUlU/1 COUlt
ThIS 01dlllance ~Izall be effec/lve m accOIdanu wah SectIon /07 (j) oflhe Zomng O,drnulIce
Adopted br Ihe Couller! of/he CllY oj Vlrglma Br!ach, Vrrgrma em the 23.,1 0/ NOI'emher TI'j.'o Thou~U1ld FOlll
No\'(~mhel ~3, 2004
- 32-
(tem V-L.l.
PLANNING ITEM # 53263 (Contmued)
VOll1lg 9-0 (By Consent)
Couno/ Members Votmg A}e
Horn' E Dzezel. Rohert M Dre). VZCE! Mayol LoU/\ R Jones Reha S McClcman.
Mavol Meyera E Ohl!/ ndOl! JII11 Reeve. Pete) IV Sc.hlmdl. Ron 4 VlllClnUel'l.l and
Roseman' W,Isol/
COline,t Member~ Votmg Na}
None
Council Membel s Absent
R,chard A Maddo'C (lnd Jamc\ L Wood
Nm'emhcI 13 2004
- 50-
Item VI-K.3.
PLANNING
ITEM # 48360
Upon motion by Vice Mayor Sessoms. seconded by Councilman Branch, City Council MODIFIED
PROFFERS re LAND l.:sE, ARCHITECTURAL ELEVATIONS TO IMPROVE VISTA OF THE CLUB
HOUSE, ADD OPEN SPACE and RELOCATE the TOWNHOUSE DEVELOPMENT, m the May 1999
application of BA1MARK CONSTRUCTION CORPORATION, a Vlrglnza Corporation. for "Village
Commons" Change orZonzng DIStrict Classifications from AG-1 AG-2. R-20 and R-40 to Condltlonal PD-
H1 and AG-1. AG-2, R-20 and R-40 to Conditional P-1
Ordmance upon application of BAYMARK CONSTRUCTION
CORPORATION, a Vlrgmla Corporatlon,for a Modification of Proffers
for Change ofZonzng DIStrict Classifications from AG-1 AG-2. R-20 and
R-40 to ~:ondltlonal PD-H1 andAG-1. AG-2. R-20 andR-40 to Conditional
P-1 (VzIJage Commons) granted by City Council on May 11, 1999 (GPIN
#1493-75-7869, #1493-75-9705, 1493~6-4526, #1493-85-4808) Said
parcels are located on the north Side of Indian RIVer Road. west of West
Neck Ro(zd and contam 5 4 acres (DISTRICT 7 - PRINCESS ANNE)
Votmg
9-0 (By Consent)
Council Members Voting Aye
Linwood 0 Branch, IlL Margaret L Eure, Barbara M Henley, LouIS R
Jones. Robert C Mandigo. Jr, Mayor Meyera E Obemdorj. Nancy K
Parker, Vice Mayor William D Sessoms. Jr and Rosemary Wilson
Council Members Voting Nay
None
Council Members Abstaining
Reba S UcClanan
Council Members Absent
William IV HarrISon. Jr
CounCil Lady McClanan ABSTAINED on Item 3 (BAYMARK) as she and her husband own property
adjacent to the applicant's property
June 26.2001
- 45-
Item IJI-K.4.
PUBUC HEARING
ITEM # 44996
PLANNING
The following regIStered to speak In SUPPORT:
Attorney R. E Bourdon, represented the applicant
Elizabeth Gerber, 1928 Rossini DrIVe, Phone: 426-3680
Kathleen Kurgan, Nestlebrook Lane. Phone 521-1019
Ed Fowler, PresIdent - Courthouse Estates
The folloWIng regzstered in OPPOSITION:
Melinda G Klcldlghter 4177 West Neck Road, Phone: 426-1234
A motion was made by Counal Lady Henley, seconded by CounCIL Lady Parleer, to DENY ApplIcatIOns of
BAYMARK CONSTRUCTION CORPORATION Changes of Zoning DlStnct ClasSIfication and a
CondItIonal Use PermIt
Upon motIon by CouncIlman Hamson. seconded by CouncIlman Branch, CIty CounCIl ADOPTED
Ordinances upon applicatIon ofBAYMARK CONSTRUCJ'ION CORPORATIONfor CondItIOnal Changes
of Zoning and a CondItional Use Permit
ORDINANCE UPON APPliCATION OF BAYMARK CONSTRUC110N
CORPORATION FOR CONDmONAL CHANGES OF ZONING
DISTRlCJ' CLASSIFICATIONS Z05991131
BE IT HEREBY ORDAINED BY mE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OrdInance upon applicatIon of Baymark ConstructIon Corporation for
Changes of Zoning Distnct Classification on the .(olloWlng parcels
Parcell'AG-l Al?TIcultural Distnct to ConditIonal AG-l Al?TIcultural
Dlstnct WIth a PD-Hl Planned Unit !)eveloDment Distnct Overlav on
property located 600 feet more or less north of IndlOn River Road
begznning at a pOint 7600 feet more or less west of West Neck Road
Parcel 2 AG-l Al?TIcultural Distnct to Conditional AG-l Al?TIcultural
Distnct WIth a PD-HIPlanned Unit DeveIODment DlStnct Overlav on
property located 3400 feet more or less north of IndIan R,ver Road
beginning at a pOint 3300 feet more or less west of West Neck Road
Parcel 3 AG-2 Arncultural Dlstnct to ConditIonal AG-2 Al?TIcultural
Distnct with a PD-Hl Planned Unit !)eveloDment DIStrict Overlav on
property located 2550 feet more or less north of IndIan RIver Road
beginmng at a pOint 4850 feet more or less west of West Neck Road
Parcel 4.AG-2 Al!Ticultural DIstrict to ConditIonal AG-] A,mcultural
Distnct with a PD-Hl Planned Unit DeveloDment DIStrICt Overlav on
property located 3050 feet more or less north of IndIan River Road
beginning at a pOint 3650 feet more or less west of West Neck Road
Parcel 5 AG-2 Al?TIcultural DlStnct to CondItional AG-2 Al?TIcultural
DlStnct WIth a PD-Hl Planned Unit DeveloDment DlStnct Overlav on
property located 2500 feet more or less north of IndIan RIver Road
beginning at a point 2550 feet more or less west of West Neck Road
ParceI6:R-40 ResIdential DIstrict to CondItIonal R-40 ResIdentIal DIStrict
WIth a PD-Hl Planned Unit DeveloDment DIStrICt Overlav on property
located on the north SIde of IndIan RIver Road beglnmng at a pOint 5200
feet more or less west of West Neck Road
Parcel 7 R-20 ResidentIal Distnct to CondItIonal R-20 Residential DlStnct
WIth a PD-Hl Planned Unit !)eve/oDmen! DIstrICt Overlav on property
located on the north SIde of IndIan RIver Road beginning at a pomt 5600
feet more or less west of West Neck Road
May 11. 1999
Item 1V-K.4.
PUBUC HEARING
PLANNING
- 46-
ITEM # 44996 (Continued)
Parcel 8.AG-I Asmcultural Distnct to CondItIOnal P-I Preservation
~.on property located 2850 feet more or less north of IndIan River
Road In!glnmng at a pOint 4750 feet more or less west of West Neck Road
Parcel 9. AG-I Al1Tlcultural District to CondItIonal P-I PreservatIon
DIstrict on property located 3400 feet more or less north of IndIan River
Road b~!gznmng at a pOint 3750 feet more or less west of West Neck Road
Parcel 1O.AG-2 Asmcultural District to Conditional P-I PreservatIon
Distnct on property located 2730 feet more or less north of IndIan RIver
Road b~!ginnlng at a point 4800 feet more or less west of West Neck Road
Parcel 11 AG-2 Asmcultural District to Conditional P-I PreservatIon
DlStnct on property located 2300 feet more or less narth of IndIan R,ver
Road bE!ginmng at a pOint 3200 feet more or less west of West Neck Road
Parcel 12 AG-2 Al1Ticultural DlStnct to CondItIonal P-I Preservation
Distnct on property located 4050 feet more or less north of IndIan RIver
Road bE'gmning at a point 1520 feet more or less west of West Neck Road
Parcel 13:AG-2 Al1Ticultural Distnct to Conditional P-I PreservatIon
DlStnct on property located 2050 feet more or less north of IndIan RIver
Road ln~ginmng at a pOint 2150 more or less west of West Neck Road.
Parcel 14.R-20 ResidentIal Distnct to Conditional P.I PreservatIon
District on property located 1850 feet more or less north of Indian RIver
Road In'K'nmngat apolnt 5000feet more or less west of West Neck Road
Parcel 15.R-20 ResIdential District to CondItIonal P-I PreservatIon
Distnct on property located 600 feet more or less north of IndIan RIver
Road bE'gznning at a pOint 3650 feet more or less west of West Neck Road
Parcel 16 R-40 ResIdentIal Distnct to CondItional P-I Preservation
DIStrict on property located 550 feet more or less north of IndIan River
Road In'K'nmng at a pOInt 3750 feet more or less west of West Neck Road
The prG'Posed zoning classificatIon changes to Conditional PD-HI and
Condlt",nal P-I are for mIXed land use The ComprehensIve Plan
designates this site as bezng in the TransItIon area. The TransItIon areafor
thIS parcellS plannedfor appropnate growth OppOrtunItIes consIStent WIth
the ecor.omic vItality polIcies ofVlrgzma Beach SaId parcels contain 419 8
acres I'RJNCESS ANNE - DISTRICT 7
The follOWIng condItIon shall be requIred
I. An Agreement encompassing proffers shall be recorded WIth the
Cll!rk of CIrcuIt Court
ORDINANCE UPON APPUCAITON OF BAYMARK CONSTRUCTION
CORPORATION FOR A CONDmONAL USE PERMIT FOR A GOLF
COURSE R05992269
BE IT HEREBY ORDAJlvED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinal/ce upon applIcatIon of Baymark ConstTllCtlon CorporatIon for a
Condih,7nal Use Penmtfor a golf course on certain property located on the
west su/e of West Neck Road begznmng at a pOint 4630 jeet more or less
south Gf North landing Road SaId porcel contaIns J 12 585 acres
PRJNCESS ANNE -DISTRICT 7
May II, 1999
Item IV-K 4
PLANNING
- 47-
Thefollowing cOnditiOns shall be required'
ITEM # 44996 (Continued)
1. The applicant shall develop the golf course, to the greatest
degree practical, In accordance with the General Golf Course
Development Guidelines set forth", the Comprehensive Plan
The applicant IS to devise a comprehensive plan that addresses
the vanous enteria lISted In the Golf Course Development
Guidelines and have thIS plan reviewed and approved by the
Pla1l1llng Department staff pnor to the submittal of detailed site
plans for the golf course.
2. The applicant shall also develop a comprehensive enVironmental
plan that satISfactorily addresses the follOWing
a. Plans for a wetlands bench for the establIShment of emergent
vegetation. to be prOVIded along the penmeter of the on-site
lakes wherever practical. showing areas to be benched and
specific design entena, including a detailed planting plan.
b A comprehensive stormwater/lake management plan, to asSISt In
the evaluation of the proposal pursuant to Sectlon 9 of the
Southern Watersheds Management Ordinance.
c. Details regardmg the proposed imgation system, to Include a
desenptlon of the long-term Imgation system for the site which
addresses the method oflrrigatlon, well site locatiOns. permitted
requirements for groundwater Withdrawal, the amount of water
,available for Withdrawal and a descnptlon of the dlStnbutlOn
system to be utillZedfor the stormwater managementllake system
including methods to be utilIZed for maintaining optlmum water
levels above wetland benches
3 ConsultatIOn With the VIrginia Department of Game and Inland
FlShenes regarding wet pond design and compatibility with
wildlife A monitonng and control program for common
reed grass will be included as part of the stormwater management
plan.
4 Detailed site plans clearly Identifying areas of the site which are
to remain undISturbed and including a desenptlOn of tree
protection measures to be utilIZed durmg the development The
cleanng of trees and understory Will be llmlted to the amount
nuessary to accommodate desired course features.
5 Consultation with the Virginia Department of Game and Inland
Fishenes. Virginia Department ofConservatlon and Recreation
and the DIvISion of Natural Hentage. regarding the exIStence of
rare, endangered and unique species on the site
6 Plans for a wetlands bench for the establIShment of emergent
wetlands vegetation, to be p1'OVlded along the penmeter of on-
site lakes wherever practical, shOWing areas to be benched and
specific design enterla, Including a detailed planting plan
7 The applicant shall dedicate 15 feet on West Neck Road, for
nght-ofway purposes, In accordance With the Master
Transportation Plan Additional nght-ofway may be necessary
as a result of left and right turn lanes which may be reqUired
with this development
8 The applicant shall Include a 150-loot nght-ofway dedication
for West Neck Parkway, consIStent with the Master
Transportation Plan
May 11, 1999
TODAY'S HOMES
Princess Anne District
AC-2
mAl
Relevant Information:
. Applicant requests a Modification of the PD-H Land Use Plan for
Villa!;Je F of the Villages at West Neck.
. The .applicant desires to construct single-family dwelling units that
are elf a different size than what the original developer intended.
. Modiification consists of allowing 5-foot side yard setbacks instead
of 5 'feet on one side and ten feet on the other.
. The ,applicant has provided building elevations for Village F (none
werE! provided with the 1999 rezoning). There is no change in the
number of units.
· AIClJZ is 65 to 70.
Evaluatio,n and Recommendation:
· Planning Staff recommended approval
. Planning Commission recommends approval (10-0-1)
· There was no opposition. Consent Agenda item.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Today's Homes, Inc. for an Amendment of a PD-H Plan on
property described as Lots 6, 9, 14, 16-18,20,22-24,26,29,30,35-37,39,40,48-89
and 92-114 as shown on plat entitled "Subdivision of Village E, F. G, H and Golf
Course at West Neck, City of Virginia Beach, Virginia", recorded March 13, 2002,
in Map Book 303, Page 96, and as Instrument No. 200504260060987, recorded
April 26, 2006, City of Virginia Beach, Virginia and approved by City Council on
May 11, 1999, June 26, 2001 and November 23, 2004 (Baymark Construction and
Baymark Golf), DISTRICT 7 - PRINCESS ANNE
MEETING DATE: May 13, 2008
. Background:
The applicant is requesting a modification of the PD-H1 Land Use Plan for
Village F of the Villages at West Neck. The original developer of the Villages at
West Neck has conveyed these lots to the applicant for development. The
applicant desires to construct single-family dwelling units that are of a different
size than what the original developer intended. While there were no proffered
building elevations with the original rezoning, the building setbacks were
proffered as part of the required PD-H Land Use Plan and Design Guidelines.
Since the applicant has a different style of unit, the applicant needs to revise the
Land Use Plan and Design Guidelines as they pertain to side yard setbacks for
single-family lots that are a minimum of 5,000 square feet.
. Considerations:
The applicant desires to modify the component of the Land Use Plan that
regulates side yard setbacks for the single-family dwellings in Village F that are
subject to this application:
The Minimum Side Yard Building Setback for Residential - Single Family
Detached Units contained in the Site Data and Development Criteria for
The Villages at West Neck which is part of the Villages of West Neck Land
Use Plan is modified and reduced from "5' and 10' " to "5'" for Lots
comprising the Property.
The request to modify the side yard setback requirement for the detached single-
family units in Village F of the Land Use Plan for the Villages of West Neck is
acceptable. The number of units remains the same, and as a result, there is no
increase in traffic or school population within the development.
Today's Homes, Inc.
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
request is reasonable and does not result in a diminishment of quality, there is no
increase in density, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request.
. Attachm4mts:
Staff Review
Disclosure, Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmentlAgenCy.\: Planning Department
City Manage$;~\ f.... , ~~
TODAY'S
HOMES, INC.
Agenda Item 20
April 9, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of Proffers recorded with
the Conditional Change of Zoning from
AG-1, AG-2, and R-20 to PD-H1,
granted by the City Council on May 11,
1999 and subsequent modifications
granted by the City Council on June 26,
2001 and November 23, 2004.
ADDRESS I DESCRIPTION: Lots 35,36,39,4043,44,48,52-89 and 92 -114, as shown on plat entitled
"Subdivision of Village E, F, G, H and Golf Course at West Neck, city of Virginia Beach, Virginia," recorded
March 13, 2002, in Map Book 303, Page 96, and as Instrument No. 200504260060987, recorded April 26,
2006, City of Virginia Beach, Virginia.
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
12,000 square feet
GPINS:
14933319910000, 14933328150000. 1493332880000, 14933338820000, 14933349100000,
14933349540000, 14933420610000, 14933420760000, 14933421920000, 14933431070000,
14933432220000, 14933433530000, 14933433680000, 14933435840000, 14933436900000,
14933440210000, 14933440460000, 14933441430000, 14933441920000, 14933442880000,
14933448980000, 14933449480000, 14933449720000, 14933450370000, 14933450830000,
14933452360000, 14933453250000, 14933319910000,14933454300000, 14933454440000,
14933454590000, 14933455660000, 14933456840000, 14933457480000, 14933458130000,
14933462290000, 14933463340000, 14933464400000, 14933460410000, 14933468830000,
14933468680000, 14933469430000, 14933469270000, 14933470040000, 14933471660000,
14933472930000, 14933473950000, 14933474850000, 14933474900000, 14933475660000,
14933475710000, 14933476470000, 14933476520000, 14933477220000, 14933482090000,
14933498710000, 14933560020000,14933550880000, 14934405290000, 14933319910000,
14934414820000, 14934416950000, 14934418300000, 14934418640000, 14934424410000,
14934425190000, 14933465400000, 14933462030000, 14933434890000,
14933434830000
TODA Y'S HOMES, INC.
Agenda Item 20
Page 1
SUMMARY OF REQUEST
The applicant is, requesting a modification of the PD-H1 Land Use Plan for Village F of the Villages at
West Neck. ThE! original developer of the Villages at West Neck has conveyed these lots to the applicant
for development. The applicant desires to construct single-family dwelling units that are of a different size
than what the original developer intended. While there were no proffered building elevations with the
original rezoning, the building setbacks were proffered as part of the required PD-H Land Use Plan and
Design Guidelines. Since the applicant has a different style of unit, the applicant needs to revise the Land
Use Plan and Design Guidelines as they pertain to side yard setbacks for single-family lots that are a
minimum of 5,000 square feet. The setback revision would be from five (5) foot and ten (10) foot side
yards to five (51 foot for either side yard. The applicant has also provided building elevations for Village F.
There is no change in the number of units. The Conditional Rezoning from AG-1, AG-2, and R-20 to PD-
H1 was granted by the City Council on May 11,1999 and subsequently modified by the City Council on
June 26,2001 and November 23,2004.
LAND USE AND ZONING INFORMATION
EXISTING LAI~D USE: Residential lots, some of which area developed, some undeveloped, and others in
various stages of development.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Single-family dwellings / PD-H1 Planned Development District
. Single-family dwellings / PD-H1 Planned Development District
. Single-family dwellings / PD-H1 Planned Development District
. Single-family dwellings / PD-H1 Planned Development District
. Rural residential / AG-1 Agricultural District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is developed residentially or is in the process of
construction for single-family home sites.
AICUZ:
The site is in an AICUZ of 65 dB to 70 dB Ldn surrounding NAS Oceana.
The single-family homes subject to this proposal are already approved
for development. No change in the number of units accompanies this
application. Sound attenuation as required by the ordinance is being
incorporated into the structures.
IMPACT ON CITY SERVICES
TRAFFIC: No change in the number of lots requested; therefore, there are no comments.
TODA Y'S HOMES, INC.
Agenda Item 20
Page 2
WATER and SEWER: Water and Sewer is available to serve this development. No additional comments,
FIRE: No comments,
SCHOOLS: No change in the number of lots requested. No change to the number of students that the
development will add to the schools.
Recommendation:
Staff recommends approval of this
request to modify the PD-H1 Land Use Plan for Village F of the Villages at West Neck.
EVALUATION AND RECOMMENDATION
Evaluation:
A requirement of the Zoning Ordinance for a PD-H1 Planned Development District is the submission of a
Land Use Plan that specifies the layout and types of uses for the development as well as the dimensional
requirements for structures in the development. When the Villages at West Neck was rezoned in 1999
and modified in 2001, such a Land Use Plan was approved by the City Council. The original developer of
the Villages at West Neck has conveyed the subject lots to the applicant. The applicant desires to
construct single-family dwelling units that are of a different size than what the original developer intended.
While there were no proffered building elevations with the original rezoning, the building setbacks were
proffered as part of the required PD-H Land Use Plan and Design Guidelines. The applicant now desires
to modify the component of the Land Use Plan that regulates side yard setbacks for the single-family
dwellings in Village F that are subject to this application:
The Minimum Side Yard Building Setback for Residential - Single Family Detached Units
contained in the Site Data and Development Criteria for The Villages at West Neck which is part
of the Villages of West Neck Land Use Plan is modified and reduced from "5' and 10' " to "5'" for
Lots comprising the Property.
The request to modify the side yard setback requirement for the detached single-family units in Village F
of the Land Use Plan for the Villages of West Neck is acceptable. Additionally, the revisions to the
architectural elevations remain similar in quality and design to the original plan. The number of units
remains the same, and as a result, there is no increase in traffic or school population within the
development. It is, therefore, recommended that the amendment to this PD-H1 Land Use Plan for the
Villages of West Neck be approved.
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.
TODA V'S HOMES, INC.
Agenda Item 20
Page 3
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TODA Y'S HOMES, INC.
Agenda Item 20
Page 4
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Agenda Item 20
Page 5
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TODA Y'S HOMES, INC.
Agenda Item 20
Page 6
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TODA Y'S HOMES, INC.
Agenda Item 20
Page 7
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TODA Y'S HOMES, INC.
Agenda Item 20
Page 8
AG-2
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No Zoning History in this Area
ZONING HISTORY
TODA V'S HOMES, INC.
Agenda Item 20
Page 9
~ 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)
Today Homes, Inc. Shareholder: L.M. Sandler and Sons, Inc.
President: Arthur B. Sandler, Vice President: Nathan 0, Benson, Secretary & Treasurer: Raymond L. Gottlieb
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relatbnship with the applicant: (Attach list jf necessary)
L.M. Sandler and Sons, Inc.
See Attached "Exhibit C" for additional affiliates
o 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 pn)perty 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)
Today Homes, Inc. Shareholder: L.M, Sandler and Sons, Inc,
President Arthur B, Sandler. Vice Presldent: Nathan D, Benson. Secretary & Treasurer: Raymond L. Gottlieb
2, List ;all businesses that have a parent-subsidiary 1 or affiliated business entitl
relal:ionship with the applicant: (Attach list if necessary)
o Check here it the property owner is NOT a corporation, partnership, firm,
l:>usiness, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the subject
land? YHS No ~
If yes, what is the name ot the official or employee and the nature of their interest?
Amendmmt 10 PDH Plan Application
Page 11 ,1112
Revised 7f3107
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TODA V'S HOMES, INC.
Agenda Item 20
Page 10
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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)
See "Exhibit on
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 S 2.2-3101,
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (0 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 (iiO 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 S
2.2-3101.
CERTIFICA nON: 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 tJy employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating thiS application,
" ,'" ';_, -.r~
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Print Name -
v-Z
Property Otmer's Signature (if different than applicant)
Print Name
Amendment to PDH Plan ApplicatIOn
Page 12 of 12
Rev-sed, 7 f3!07
TODA Y'S HOMES, INC.
Agenda Item 20
Page 11
EXHIBIT C
LIST OF BUSINESSES WITH AFFILlA TED BUSINESS ENTITY
RELA TIONSHIP \\1TH APPLICANT*
Equity Title Company, L.L.C.
Gre,:ndale, L.L.c.
L.M. Sandler & Sons, Inc.
SAS Investors
Sandler at Ashville Park, L.L.c.
Sandler at Brenneman Farm, L.L.C.
Sandler at Brown Farm, L.L.c.
Sandler at Lexington, L.L.c.
Sou:h Independence Acquisition, L.L.c.
Sou':h Independence Acquisition II, L.L.c.
Sandler at Indigo Dunes, L.L.c.
1(
Tate Terrace Realty Investors, Inc.
Tid(:waler Mortgage Services, Inc.
Wedgewood Associates, L.L.C.
We~tyiew Plaza Associates, L.P.
*bw;iness entities with properties located in the City of Virginia Beach, Virginia
TODA V'S HOMES, INC.
Agenda Item 20
Page 12
Faggert & Frieden, P.C.
222 Central Park Avenue
Suite 1300
Virginia Beach, Virginia 23462
Equity Title Company, LLC
200 Golden Oak Court
Suite 425
Virginia Beach, Virginia 23452
Langley & McDonald, Inc.
309 Lynnhaven Parkway
Virginia Beach, Virginia 23452
Tidewater Mortgage Company
200 Golden Oak Court
Suite 100
Virginia Beach, Virginia 23452
EXHIBIT D
I'I!
LIST OF SERVICE PROVIDERS
Legal Services
Title Work
Engineeringlplanningi surveying
Mortgage Lender
TODA V'S HOMES, INC.
Agenda Item 20
Page 13
Item #20
Today's Homes, Inc.
Amendment ofa PD-H Plan
Lot6,9, 14, 16, ]8,20,22,24,26,29,30,35,36,39,
40, 48, 90 and 92-114
District 7
Princess Anne
April 9, 2008
CONSENT
Joseph Strange: The next item is item 20. An application of To day's Homes, Inc. for an
Amendment of a PD-H Plan on property described as Lot 6, 9, 14, 16, 18,20,22,24,26,29,
30,35,36,39,40,48,90 and 92-114 as shown on Plat entitled "Subdivision of Village E, F,
G, H and Golf Course at West Neck, City of Virginia Beach, Virginia", recorded March 13,
2002, in Map Book 303. The City of Virginia Beach, Virginia and approved by City Council
on May 11, 1999, June 26, 2001, and November 23,2004, District 7, Princess Anne.
Janice Anderson: I think he ought to be an auctioneer? What do you think?
Eddie Bourdon: That was very impressive. For the record, I'm Eddie Bourdon, a Virginia
Beach attorney representing the applicant. I want to make one point. On the street closures,
one of the conditions would have caught that situation anyway. So, I guess it caught it really,
so it is a condition. But it's a requirement on every street closure ifthere are utilities we give
them an easement.
This application and we appreciate being on the consent agenda. I wanted to answer one
question, and also make one point. The price points on these units, and this sect: III here, and
the houses here are all using the same plans. The same housing that we now profter. So,
we're not changing the product. We're not changing age restriction. Nothing is changing in
that regard. The price points are $350,000 and above. The one thing that I want to make a
point on is, that nice lady, Maxine Tate, who owns the one house here. She has no objection
to the change. But when she built her house had the expectation that there would be a 10'
setback on the house adjacent to her home, which is lot 90. Between here and Council, we're
actually going to remove that lot from the application, and guarantee her a 10' setback on
that house that is adjacent to her. It is the only fair thing to do. We're also going to confirm,
and we're fairly certain there is no objection. The only two other houses that exist where this
would have an irr.,pact would be these two lots here, and we will confirm with them. We're
pretty certain at this point that they have no objection to that because the product, again, we
can put a different product on there. The Homeowners' Association President, the
Homeowners' Association Board has met on this, and they have no objection to this at all.
We don't want to impose it on anyone who is already there that would object. Ms. Tate, who
is here, was nice enough to come down today and we appreciate her. We ensure her that we
will take that one lot off of, and have ensured her that a 10' setback to her house on her short
side. Sorry for the late news.
I': \
Item #20
Today's Homes, Inc.
Page 2
Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being placed
on the consent agenda? The Chairman has asked Phil Russo to review this item.
Philip Russo: Thank you Mr. Strange. The applicant is requesting a modification of the land
use plan for Villages at West Neck. The applicant desires to construct single-family dwelling
units that are a different size then the original rezoning. And since the applicant has a
different style of unit, it needs to revise the land use plan and design guidelines as it pertains
to the setback for single-family lots. The setback revision would be from 5' and 10' side
yards to 5' for either side yard. The applicant has provided building elevations. There is no
change in the number of units, and the single-family homes subject to the proposal are
already approved for development. Staff recommends approval of this request, and the
Commission has placed this matter on consent agenda.
Joseph Strange: Chairman, I have a motion to approve agenda item 20.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias. Mr. Redmond?
David Redmond: Madame Chairman, I will support the consent items but I wanted to
specifically abstain from item 20 today.
Janice Anderson: Thank you.
AYE 10 NAY 0 ABSO ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND ABS
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item
20.
Janice Anderson: Thank you. If there is no further business, this concludes the meeting of
the Planning Commission. Thank you.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our I=ile No. DF-7023
DATE: April 30, 2008
FROM:
,~~'ie L Lilley _"';:)
B. KayWilson~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Today Homes, Inc.
The above..referenced conditional zoning application is scheduled to be heard by the
City Council on May 13, 2008. I have reviewed the subject proffer agreement, dated
November 26, 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/bm
Enclosure
cc: Ka~ Has:sen
Prepared By:
Carol W. Hahn, Esquire
L.M. Sandler & Sons, Inc.
448 Viking Drive, Suite 220
Virginia Beach, VA 23452
SECOND AMENDMENT TO PROFFERED COVENANTS,
RESTRICTIONS AND CONDITIONS
THIS SECOND AMENDMENT TO PROFFERED COVENANTS,
RESTRICTIONS AND CONDITIONS (this "Amendment") is made as of November 26,
2007, by and among TODAY HOMES, INC., a Virginia corporation ("Grantor"), owner of that
certain property located in the City of Virginia Beach more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property"); and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter
referred to as the "Grantee").
WIT N E SSE T H:
WHEREAS, Grantor is the owner of certain real property located in the Princess Anne
District of the City of Virginia Beach, Virginia, comprised of 84 lots located in Village "F" of the
Villages at West Neck, and more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions
dated January 14, 1999, accepted by the Grantee, and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4081, at Page 0206, and
amended by that certain First Amendment to proffered Covenants, Restrictions and Conditions
dated February 12, 2001, accepted by the Grantee, and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4451, at Page 0142
(collectively, the "Proffers"); and
GPlNs:
149333 19910000,14933328150000,14933328800000,149333 38820000,14933349100000,14933349540000,
1493342061 0000,14933420760000,14933421920000,149334 3107 0000,14933432220000,14933432480000,
14933433530000,1493 34 3368 0000,1493 34 3483 0000,1493 3434890000,14933435840000,14933436900000,
1493344021 0000,14933440460000,14933441920000,149334 4898 0000,1493 3449480000,1493344972 0000,
14933450370000,14933450830000,14933452360000,1493 3453250000,1493 3454300000,14933454440000,
14933454590000,14933455660000,1493345813 0000,1493 34 6041 0000,14933462290000,14933463340000,
14933464400000,14933468680000,14933469430000,1493 3469270000,14933470040000,14933472930000,
14933473950000,14933474850000,14933474900000,1493 3475660000,1493347571 0000,1493 34 76470000,
14933476520000 ,1493 34 82090000,14933560020000,]4933550880000,149344 0529 0000,1493 4414820000,
149344 16950000,14934418640000,149344 24410000
WHEREAS, the Grantor has requested the Grantee to accept a modification to a
condition to the Proffers, which modification is set forth herein; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purpOSt:s through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of change, 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 Grantor's rezoning application
gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, a modification to the previously proffered condition
related to the minimum side yard setback applicable to the Property as set forth in the Site Data
and Development Criteria which are part of the Villages at West Neck Land Use Plan which Plan
has been exhibited 1:0 the City Council and is are on file in the Planning Department;
NOW THEREFORE, the Grantor, for itself, 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 of quid pro QUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
amended and modified declaration of conditions, covenants, restrictions as to the physical
development, operation and use of the Property and hereby covenants and agrees that this
declaration shall constitute a covenant running with the Property, which shall be binding upon
the Property and upon all parties and persons claiming under or through the Grantor, its heirs,
personal representatives, assigns, grantees and other successors in interest or title.
The Minimum Side Yard Building Setback for Residential - Single Family Detached
Units contained in the Site Data and Development Criteria for The Villages at West Neck which
is part of the Villages at West Neck Land Use Plan is modified and reduced from "5' & 10'" to
"5'" for Lots comprising the Property.
')
Except as expressly superseded and or modified herein, all remammg Covenants,
Restrictions and Conditions set forth in the Proffers are ratified and affirmed and remain binding
upon the Property.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Amendment, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
This Amendment may be signed in one or more counterparts, which, upon execution by
all the parties, shall constitute a single agreement.
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
~
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGll<IA BEACH, to-wit:
TODAY HOMES, INC., a Virginia corporation
By: ~_."~
an D. Benson, Vice President
. The foregoin9. instrument was sworn to and acknowledged before me this ~ day of
~-r'(\\ , 200,Yby Nathan D. Benson, in his capacity as Vice President of Today Homes,
mc:, a Virginia cOlPoration.
(t)' Linda J, Todd
. COmmonwealth of Vwginia
" " NQta1Y Public
, -- coaWaission No. 2105M
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My Commission Expires: ()i- ~i ~I ()
Registration No. 3.. \ C~-~\/.?
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EXHIBIT" A"
Le2al Description
Lots 35, 39,43,44,48,54-62,64-83,85-89,92,94-100, 103-107, 109, 111-113 as shown on that
certain plat entitled "Subdivision of Village E, F, G, H and Golf Course at West Neck, City of
Virginia Beach, Virginia", recorded March 13,2002, in Map Book 303, Page 96, and as
Instrument No. 200504260060987, recorded Apri126, 2006, City of Virginia Beach, Virginia.
"
EXHIBIT "B"
GPIN Numbers
149333 1991 0000
1493332815000.0
14933328800000
14933338820000
1493334021 0000
14933349100000
14933349540000
1493 34 2061 0000
1493 34 2076 0000
14933421920000
14933431070000
1493 34 3222 0000
14933432480000
14933433530000
14933433680000
1493 34 3483 0000
1493 34 3489 0000
14933435840000
1493 34 3690 0000
1493 34 4021 0000
1493 34 4046 0000
14933441920000
14933442880000
1493 34 4898 0000
1493 34 4948 0000
1493 34 4972 0000
14933450370000
1493 34 5083 0000
1493 34 5236 0000
14933453250000
14933454300000
1493 34 5444 0000
1493 34 5459 0000
14933455660000
1493345813 0000
1493 34 6041 0000
1493 34 6229 0000
1493 34 6334 0000
14933464400000
1493 34 6868 0000
1493 34 6943 0000
14933469270000
1493 34 7004 0000
1493 34 7293 0000
14933473950000
14933474850000
1493 34 7490 0000
14933475660000
1493347571 0000
14933476470000
14933476520000
1493 34 8209 0000
1493 35 6002 0000
14933550880000
149344 0529 0000
149344 14820000
149344 16950000
149344 18640000
1493442441 0000
-75 -
Item V-K. 7.
PLANNING
ITEM # 57551
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO
MAY 13, 2008. Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.C for a
Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF WELDENFIELD OF
VIRGINIA, L.L.C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM /-1 LIGHT INDUSTRIAL DISTRICT, R-5D
RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO
CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2
OVERLAY
Application of Weldenfte/d of Virginia, L.L.C. for a Change of Zoning
District Classification from 1-1 Light Industrial District, R-5D
Residential Duplex District and 0-2 Office District to Conditional R-7.5
Residential District with a PD-H2 Overlay on property located at the
northwest intersection of Regent University Drive and Jake Sears Road
(GPINs 1455571149; part of 1455666408). DISTRICT J -
CENTERVILLE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf. John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Robert M Dyer
Council Members Absent:
Ron A, Villanueva
Councilman Dyer ABSTAINED on Item K. 7 (Welden field of Virginia, L.L.C.) as he is employed by the
(Regent University).
April 22, 2008
~~';'"
WELDEINFIELD
Centerville District
Relevant IInformation:
· Appliicant requests a Change of Zoning from R-5D, 1-1, and 0-2 to PD-
H-2 (iR-5D) for the purpose of developing a residential community
laid out in neo-traditional style.
· Ther4~ will be 69 single-family homes and 81 townhomes (density =
3.2 per acre).
· ProjE!ct will be part of a larger mixed-use development called the
Villaues of Blenheim.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planl1ing Commission recommends approval (10-1)
· No opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Weldenfield of Virginia, L.L.C. for a Change of Zoning
District Classification from 1-1 Light Industrial District, R-5D Residential Duplex
District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-
H2 Overlay on property located at the northwest intersection of Regent University
Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1
- CENTERVILLE
MEETING DATE: May 13, 2008
. Background:
The applicant proposes to rezone the site, which is currently zoned 1-1 Light
Industrial, R-5D Residential, and 0-2 Office Districts, to Conditional R-7.5
Residential District with a PD-H2 Planned Development Overlay. The applicant
desires to develop the site with 69 single-family dwellings and 81 town home-style
dwellings. The proposed neighborhood, to be called "Fenwyck Forest," is part of
a larger overall plan of development, called The Villages of Blenheim, which
involves currently vacant land to the west and north in both Virginia Beach and
Chesapeake.
The Comprehensive Plan Map and land use policies place this site within
Strategic Growth Area 2, one of the 12 areas designated to absorb most of the
city's future growth, both residential and non-residential. This Strategic Growth
Area (SGA), located along Interstate 64 (1-64) adjacent to the Christian
Broadcasting Network (CBN) and Regent University campus, is largely
undeveloped and has interstate access capabilities. There is significant potential
here for high quality development meeting the goals of the City and the private
sector, (pages 34-35 of the Comprehensive Plan, Policy Document).
. Considerations:
The submitted site plan depicts 32 single-family lots, five (5) double-rowhouse
lots, 32 single-rowhouse lots, and 81 townhouse lots. The site is designed in a
Neo- Traditional style with the dwellings at the front of the lots and parking in the
rear, accessed from an alley system. The architectural styling of the proposed
dwellings is a mix of Federal, Colonial and Italianate. A buffer of varying width
surrounds the site, except for the main entrance from Regent University Drive
and the secondary entrance from Midtowne Way. linear parks and a stormwater
management system provide open space amenities. A total of 15.7 acres of area
Weldenfield of Virginia, L.L.C.
Page 2 of 3
is devoted to open space on the site. A community clubhouse provides an
additionall amenity.
The Fenwyck Forest proposal for 150 residential dwellings on 46.2 acres of
property is consistent with the recommendations of the Comprehensive Plan.
The proposed density is 3.2 units to the acre, which is in keeping with
surrounding residential neighborhoods. The layout of the neighborhood is in a
Nee-Traditional style, which situates the homes on small lots adjacent to the
street with vehicular access to the rear on alleys. Such a layout is consistent with
the recommendations of the Comprehensive Plan for the City's SGAs to be more
urban in ,character. The applicant is also proposing several housing types that
cater to sieveral income levels which will provide for a diverse neighborhood. In
addition to the different housing types, the applicant is proposing 15 acres of
open Spclce in the form of parks, buffers, and a recreational lake. The applicant
also is proposing use of high quality building materials, consistent with the high-
quality building materials customarily used in construction on the CBN I Regent
Universitf campus. While staff has some reservations concerning the overall
traffic impact for the entire Villages of Blenheim project, staff is comfortable with
this requ.~st for the Fenwyck Forest residential development. If this proposal was
not a part of the larger project, it would not have been required to provide a
Traffic Impact Study. The applicant, however, has proffered a Traffic Impact
Study as well as any improvements to the roadway required as part of the
detailed ~)ite plan review process. The applicant is also continuing to work with
Public Works I Traffic Engineering regarding the submitted Traffic Impact Study
for the la rger Villages of Blenheim project.
Concurre!nt with, but unrelated to, staff's review of this rezoning application, a
consultant hired by the City was evaluating what options Virginia Beach has
available for waste disposal after 2018. The consultant's current work includes an
evaluation of the "Urban Landfill" concept, which will ascertain long-range
strategieB for the landfill at the existing location given current and future
development in the area. Components include Public Health Risk Assessment,
evaluation of surrounding land use, evaluation of emerging technologies, review
of existing examples of "urban landfills", a line of sight analysis, and an analysis
of geologly/groundwater and potable well use. The evaluation of surrounding land
use is a Gritical component of the consultant's work, as the area surrounding the
existing landfill includes Regent University student housing (0.5 mile from
landfill), Brandon (4,000 feet), Tarleton Oaks (0.25 mile), and Emerald Greens
[ChesapE~ake] (0.25 mile). The site of the development proposed with this
rezoning is located approximately 4,000 feet from the landfill site. A second
phase of the study will compare all viable disposal options. The Hampton Roads
Planning District Commission (HRPDC) is also currently conducting a study of
potential waste disposal options for the region past 2018. Both the City and
HRPDC litudies are scheduled for completion by the end of the year.
Weldenfield of Virginia, L.L.C.
Page 3 of 3
The portion of our consultants' study dealing with possible health risk
assessment and "nuisance" impacts potentially associated with dust, odor and
noise that might emanate from either the City Landfill No. 2 (if expanded) or the
Construction and Demolition Debris (COD) Landfill currently under State
permitting review should be completed by early June.
. Recommendations:
The Planning Staff recommended approval of the application to the Planning
Commission. The Planning Commission passed a motion by a recorded vote of
10-1 to approve this request as proffered.
Based, however, on the concerns expressed by the consultant regarding the
potential affect of any landfill expansion on the residential community proposed
by this rezoning application and the need for the consultant to fully assess
potential impacts, complete the study, and present it to the staff and the City
Council, staff concludes that this application should be indefinitely deferred.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Indefinite deferral.
Submitting DeparbnentlAgency: Planning Department
\~1~~
WELDENFIELD OF
VIRGII\lIA, L.L.C.
Agenda Item 17
March 12, 2D08 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanae of Zonina District Classification from
1-1 Light Indus':rial, R-5D Residential and 0-2
Office Districts to Conditional R-5D Residential
District with a PD-H2 Planned Unit Overlay District.
ADDRESS I DESCRIPTION: Property located at the northwest intersection of Regent University Drive and
Jake Sears Road
GPIN:
PART OF
14555711490000; and
14556664080000
COUNCIL ELECTION DISTRICT:
1 - CENTERVILLE
SITE SIZE:
46.2 acres (15.5 acres 1-1 Light Industrial;
6.4 acres R-5D Residential; and 24.3
acres 0-2 Office)
SUMMARY OF REQUEST
The applicant proposes to rezone the existing 1-1 Light
Industrial, R-5D Residential, and 0-2 Office Districts to Conditional R-7.5 Residential District with a PD-
H2 Planned Unit Overlay for the purpose of developing the site with 69 single-family dwellings and 81
townhomes. Tile proposed single-family neighborhood, to be called "Fenwyck Forest," is part of an overall
plan of development, called The Villages of Blenheim, for the vacant land to the west and north in both
Virginia Beach and Chesapeake.
The submitted site plan depicts 32 single-family lots, five double-rowhouse lots, 32 single-rowhouse lots,
and 81 townhcuse lots. The single-family lots range in width from 50 feet to 90 feet, the single-rowhouse
lots range in width from 35 feet to 45 feet, the double-rowhouse lots range in width from 60 feet to 70 feet,
and the townhouse lots range in width from 24 feet to 35 feet in width. The site is designed in a Neo-
Traditional style with the dwellings at the front of the lots and parking in the rear accessed from an alley
system. Linear parks and a stormwater management system provide open space. A buffer of varying
width surrouncs the site, except for the main entrance from Regent University Drive and the secondary
entrance from Midtowne Way. A total of 15.7 acres of area is devoted to open space on the site. A
community clubhouse provides an additional amenity.
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 1
The architecture of the proposed dwellings is a mix of Federal, Colonial and Italianate. The proposed
single-family dwellings are colonial cottage design; the rowhouses have Federal architectural influences;
and the townhouses have some Italianate styling. The proffered design book depicts high quality building
materials.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped parcels
East:
. Undeveloped land, Midtowne Way and the Amerigroup office
complex /1-1 Light Industrial
. Jake Sears Road and Regent University Drive
. Across Jake Sears Road is the Regent University Student
Housing / R-5D Residential
. Regent University Drive
. Across Regent University Drive are single-family dwellings / R-
50 Residential
. Undeveloped parcels / 0-2 Office
SURROUNDING LAND
USE AND ZONING:
North:
South:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
Currently the site is heavily wooded. There are no known significant
cultural features associated with the site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana. The proposed use is compatible to this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Regent
University Drive near this application is a two-lane undivided local roadway.
Centerville Turnpike near this application is a two-lane undivided minor suburban arterial. The Master
Transportation Plan (MTP) proposes a four-lane divided roadway within a 150-foot wide right-of-way.
There is a project for this portion of Centerville Turnpike in the Capital Improvement Program for the
construction of a four-lane divided roadway with a 167-foot right-of-way section. The proposed project is
not yet funded.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Regent University Not Available 8,700 ADT' Existing Land Use ~ -
Drive 2,852 ADT
Centerville 17,900 ADT 12,500 ADT 1 Proposed Land Use 3 -
Turnpike 1,179 ADT
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 2
1 Average Daily Trips
2 as defined by the current 1-2 Industrial zoning
3 as defined by 81 single-family dwellings and 69 condominiums
The Department of Public Works I Traffic Engineering reviewed the Fenwyck Forest Traffic Analysis
Memo, date,d October 11, 2007, from the applicant's traffic consultant, and comments on the memo
have been provided to the consultant. Traffic Engineering reserves comment on the location and
configuration of all access points and on right-of-way requirements for the proposed Fenwyck Forest
development until a revised Traffic Impact Analysis is submitted to the City and is accepted.
Since Fenwyck Forest is the first section of a larger Villages of Blenheim development, Traffic
Engineerin~1 also requested a Traffic Impact Study (TIS) for the entire development. In December, that
Traffic Impc!ct Study was reviewed by Traffic Engineering and was determined to be unacceptable. A
revised TIS was submitted in January of this year, and Traffic Engineering is continuing its review.
WATER: There is a 16-inch City water main along Regent University Drive and a 12-inch City water main at
the intersection of Centerville Turnpike and Jake Sears Road. The 12-inch City water main decreases to a ten-
inch water main heading west along Jake Sears Road. This site must connect to City water.
SEWER: This site must connect to City sanitary sewer. The applicant shall submit an analysis of Pump Station
446 and the sanitary sewer collection system to ensure future flows can be accommodated. There is 12-inch
City gravity main and a 12-inch City force main along Regent University Drive. An eight-inch City gravity main
is located along Jake Sears Road.
POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design
(CPTED) strategies with regard to street lighting and open space areas. A Lighting Plan and lor Photometric
Diagram Plan will be submitted during detailed site plan review. Lighting should overlap and be uniform
throughout thE! development. The applicant should install numerical addresses on the front and rear of all
dwellings adjacent to an alley.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
T allwood Elementary 616 709 29 20
Brandon Middle 1,396 1,290 16 11
Tallwood High 1,974 2,143 21 14
, " " ,
generation lepresents the number of students that the development WIll add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can bn positive (additional students) or negative (fewer students),
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request subject to the proffers listed below.
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 3
Comprehensive Plan:
The Comprehensive Plan Map and land use policies place this site within Strategic Growth Area 2, one of
the 12 areas designated to absorb most of the city's future growth, both residential and non-residential.
This Strategic Growth Area (SGA), located along Interstate 64 (1-64) adjacent to the Christian
Broadcasting Network (CBN) I Regent University complex, is largely undeveloped and has interstate
access capabilities. There is significant potential here for high quality development meeting the goals of
the city and the private sector, (pages 34-35 of the Comprehensive Plan, Policy Document).
The land use planning policies and principles for the SGAs encourage urban development that provides
opportunities for continued economic growth and promotes effective use of the infrastructure. SGAs are
planned for more intensive uses than most other areas of the city which means that development in this
area must integrate a diverse cluster of land uses, also known as 'mixed use' development. This site
should be developed as a well-planned integration of residential and commercial elements in the same
project. Mixed use development results in a compact, yet compatible mix of uses, including office, retail,
service, hotel, and, where appropriate, residential uses, (pages 57-59).
Evaluation:
This request is a small part of a much larger project, The Villages of Blenheim, a proposed development
of office, retail, and residential uses to be developed in both Virginia Beach and Chesapeake. While staff
has some reservations concerning the overall traffic impact for the entire Villages of Blenheim project,
staff is comfortable with this request for the Fenwyck Forest residential development. If this proposal was
not a part of the larger project, it would not have been required to provide a Traffic Impact Study. The
applicant, however, has proffered a Traffic Impact Study as well as any improvements to the roadway
required as part of the detailed site plan review process. As previously stated in this report, the applicant
is continuing to work with Traffic Engineering regarding the submitted Traffic Impact Study for the entire
Villages of Blenheim project.
The Fenwyck Forest proposal for 150 residential dwellings on 46.2 acres of property is appropriate. The
proposed density is 3.2 units to the acre, which is in keeping with surrounding residential neighborhoods.
The layout of the neighborhood is in a Neo-Traditional style, which situates the homes on small lots
adjacent to the street with vehicular access to the rear on alleys. Such a layout is consistent with the
recommendations of the Comprehensive Plan for the City's SGAs to be more urban in character. The
applicant is also proposing several housing types that cater to several income levels which will provide for
a diverse neighborhood. In addition to the different housing types, the applicant is proposing 15 acres of
open space in the form of parks, buffers, and a recreational lake. The applicant also is proposing use of
high quality building materials, consistent with the high-quality building materials customarily used in
construction on the CBN I Regent University campus. Staff finds the request acceptable, and
recommends approval subject to the proffers listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 1 07(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:
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 4
In order to cmate a neo-traditional residential community with a unique sense of place which emphasizes
pedestrian ccnnectivity and features a large perimeter open space buffer, a five (5) acre residential lake,
community cl ubhouse, and multiple residential housing types, the party of the first part agrees to develop the
Property with the elements, architectural character and right of way details set forth in the conceptual design
guidebook ertitled "FENWYCK FOREST at Blenheim Park, Virginia Beach Weldenfield of Virginia, L.L.C.",
dated July 25, 2007 and prepared by Historical Concepts and Vanasse Hangen Brustlin, Inc. ("VHB, Inc."), a
copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department (If Planning (hereinafter the "Community Design Plans").
PROFFER 2:
When the Property is developed, the primary entrance to Fenwyck Forest shall be from Regent University
Drive and the mix of residential units in a single condominium regime shall be substantially as depicted on
the "SITE PLAN" on page 1 and the "SITE PLAN" on page 4 of the Community Design Plans.
PROFFER 3:
When the Property is developed, the total combination of single family condominium units, double rowhouse
condominium units, rowhouse condominium units and townhouse condominium units will not exceed 150.
PROFFER 4:
It is recognizod that the elevations of the home designs as well as the site plans for the various unit types
within FenWYGk Forest may change as the planning progresses to the development stage. The intent of the
elevations and illustrative site plans contained in the Community Design Plans is to illustrate the architectural
style and quality of the buildings as well as their orientation and setbacks, Final elevations and locations for
all of the strUGtures shall be submitted to the Planning Director for review and approval prior to site plan
approval.
PROFFER 5:
When the homes are developed in accordance with the Community Design Plans, the following shall be the
minimum setbacks and maximum building heights:
A. Rowhouse lots:
(i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the
sidewalk);
(ii) side yard setbacks = 10 on one side and 0 feet on the other side provided a minimum
10 foot separation is maintained between all unattached units;
(ii) rear yard setback = 0 feet
( v) maximum building height = 45 feet.
B. Double Rowhouse Lots:
( ) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the
sidewalk);
(i) side yard setbacks = 5 feet on the side adjacent to the right of way and 0 feet on side
opposite;
(Iii) rear yard setback = 0 feet;
(iv) maximum building height = 45 feet.
C. Townhouse lots
(i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the
sidewalk);
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 5
(ii) side yard setbacks = 0 feet;
(iii) rear yard setbacks = 0 feet;
(iv) maximum building height = 45 feet.
D. Single Family lots:
(i) front yard setback = 5 feet (uncovered steps may encroach to within 1 foot of the
sidewalk);
(ii) side yard setbacks = 5 feet each side;
(iii) rear yard setbacks = 0 feet;
(iv) maximum height = 45 feet.
PROFFER 6:
When the Property is developed, the party of the first part shall record a Declaration submitting the Property
to the Condominium Act of the Commonwealth of Virginia. The Fenwyck Forest Condominium Unit Owner's
Association shall be responsible for maintaining the Club House, all open space, common areas, parks,
sidewalks, roadways, landscaping and other improvements on the Property as depicted on the Community
Design Plans. Membership, by all residential unit owners, in the Condominium Association shall be
mandatory.
PROFFER 7:
With respect to the approximately 15.7 acres of open spaces designated and described on the "FENWYCK
FOREST OPEN SPACE EXHIBIT" dated July 25, 2007 prepared by VHB, Inc., the party of the first part shall
obtain approval to rezone them to P-1 (Preservation District) prior to the date the first residential building
permit is issued.
PROFFER 8:
A Traffic Impact Study shall be submitted to the Grantee on or before submittal of the initial engineered site
plan for review. Grantor shall make any roadway improvements to adjacent roadways and modifications to
the location or configuration of the depicted site access roads required by the Grantee pursuant to the
recommendations contained in the Traffic Impact Study.
PROFFER 9:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffer agreement is acceptable as it insures a project that will be developed in a
coordinated manner in terms of vehicular circulation and parking, landscaping, building design and location,
and open space areas.
The City Attorney's Office has reviewed the proffer agreement dated July 25,2007, and found it to be legally
sufficient and in acceptable legal form.
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.
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 6
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PROPOSED BUILDING ELE"Al10N
WELOENflELO Of VIRGINIA. L.L.C.
Agenda \teTn '\ 7
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PROPOSED BUILDING LAYOUT
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 13
MaD B-IO
Mo t-fot to Scola
a
1. 9/8/98
1/13/98
10/23/93
4/25/85
1/10/77
3/27172
5/11/70
4/14/70
2. 8/25/98
11/14/95
3. 12/12/00
4. 4125/85
Modification of Conditions
Rezoning (B-1 Business, 1-1 Light industrial, R-5D Residential to 0-2
Office) and Conditional Use Permit (Retirement Village)
Street Closure
Conditional Use Permit (Student Housing)
Rezoning (R-8 Residential to 1-1 Light Industrial; rescinded 12/19/83)
Rezoning (R-D! Residence Duplex to M-I 3 General Industrial) and
Conditional Use Permit (service station)
Rezoning (R-D1 Residence Duplex to R-M Multiple Family Residence,
R-S 4 Residence Suburban, and C-G 3 General Commercial) and a
Conditional Use Permit (74 townhomes)
Rezoning (R-D1 Residence Duplex to R-M Multiple Family Residence,
R-S 4 Residence Suburban, and M-I 3 General Industrial)
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Withdrawn
Approved
A roved
A roved
A roved
ZONING HISTORY
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 14
,..
DISCLOSURE STATEMENT
A
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
oAfcinization, c:>mplete the following:
1, List the applicant name followed by the names of all officers. members, trustees,
partners, etc, below: (Attach list if necessary)
Weldenfield of Virginia, L.L.C.: Robert C. Field, Member; William 8, Welden, Member;
Charles V. Welden, III, Member; William Edgar Welden, Jr., Member
2. List all businesses that have a parent-subsidiary 1 or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unino:>rporated organization.
PROPERTY OWNER DISCLOSURE
Complete this ,section only if property owner is different from applicant.
If the property ,:>wner is a corporation, partnership, firm, business, or other
~ncorporatec organization, complete the following:
'1. List the pro::>erty owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
The Christian Broadcasting Network, Inc.: See Attached List of Officers
2. List all businesses that have a parent-subsidiary1 or affiliated business entiti
relationshi~ with the applicant: (Attach list if necessary)
o Check here, if the property owner is NOT a corporation, partnership, firm, business.
or other un ncorporated organization,
1 & 2 See next pclge for footnotes
Conditional Rezoning Application
Page 110112
Revised 9/1/2004
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WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 15
II
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)
./"
Vanasse Hangen Brustlin, Inc.
istorical Concepts, Architects
kes, Bourdon, Ahern & Levy, P.C.
1 "Parent-subsidiary relationship" means "a relationship that exists when one
, JIII\ 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
Z Interests Act, Va. Code 9 2.2~3101.
2 "Affiliated business entity relationship" means "a relationship, other than
I I parent-subsidiary relationship, that exists when (i) one business entity has a
Z 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
O management or control between the business entities. Factors that should be
~, considered in determining the existence of an affiliated business entity relationship
.i.. ~ include that the same person or substantially the same person own or manage the two
ga 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 92.2-3101.
~ CERTIFICATION: I certify that the information contained herein is true and accurate
o I understand that, upon receipt of notification (postcard) that the application has been
I ( 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
f--4 according to the instructions ,ir1- this package,
I . ~ ,,~~Idenfie~ of Virg~~C.
~ APPllcant~a~ager
Z The Christian Broadcasting Network, Inc,
By:
o Property Owner's Signature (if different than applicant)
U
Charles V. ~elden. III
Print Name
Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 9, 1 /2004
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 16
"FO..,,,.
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~ ADDITIONAL DISCLOSURES
-< List clll known contractors or businesses that have or will provide services with respect
C ) to the requested property use, including but not limited to the providers of architectural
..... .. servil::E!s, real estate services, financial services, accounting services, and legal
I I servil::E!s: (Attach list if necessary)
~ Vanasse Hangen Brustlin, Inc.
........ Historical Concepts, Architects
=--c Sykes, Bourdon, Ahern & Levy, P.C.
< 1 "Parent-subsidiary relationship" means "a relationship that exists when one
r ~ corporation directly or indirectly owns shares possessing more than 50 percent of the
'--' votin!~ power of another corporation." See State and Local Govemment Conflict of
~ Intemsts Act, Va. Code 9 2.2-3101.
,e:..... 2 "Affiliated business entity relationship" means "a relationship, other than
I I 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
,e:..... one E~ntity is also a controlling owner in the other entity, or (iii) there is shared
O management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
.N include that the same person or substantially the same person own or manage the two
~ entit~~s; 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
betwl~n the entities." See State and Local Government Conflict of Interests Act, Va.
~ Code, 9 2.2-3101.
~ CER'nFICA TION: I certify that the information contained herein is true and accurate,
o I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public t)e'aring, I am responsible for obtaining and posting the required
.u sign I)n the subject pio ,r1Y at least 30 days prior to the scheduled public hearing
~ accol'ding to e. ~tru, s /n this package.
I I ~ tl ." hristian Broadcastin~.Network, Inc._
~'/ By: IV / ./Lh'\.._ IVt.G. K.obe~/son
t---4 19\'ppIix: '1IDIa': Ower's Signatur Print Name
Z The Christian Broadcasting Network, Inc.
By:
o Property Owner's Signature (if different than applicant) Print Name
C ~
DISCLOSURE STATEMENT
Conditional Rezon~9 Ap~?~~~
WELDENFIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 17
,...
"
As of 6/7 /07
THE CHRISTIAN BROADCASTING NETWORK, INe.
(Virginia)
OFFICERS
M, G. Robertson
Michael D. Little
Gordon p, Robertson
G, Michael Carter
Jay L. Comiskey
Marvin B, Edwards
Carol Ann Marshall
Randy J. Morell
Stephen J. Palser
Barbara W. Ritter
Patrick M. Roddy
J. Read Smartt
John S. Tun'er
Ann R. LeBlanc
Edie Wasserberg
A. E, Robertson
Barbara A. Johnson
Mary M. Allsbrook
Chairman/CEO
PresIdent/COO
Group Vice President
Vice President/CFO
Vice President
Vice President
Vice President
Vice President/Assistant Secretary
Vice President
Vice President
Vice President
Vice President
Vice President
Associate Vice President
Associate Vice President
Secretary
Assistant Secretary
Assistant Secretary
(Parent Corporation)
Expiration Re.Election 12-31-2010
l IXII':'.I: : \\~,:".~ 1"CflJOc\(~-:rt:TI;,('r.~OOLI~lnlC':IlIlCIH',"l(
DISCLOSURE STATEMENT
WELDEN FIELD OF VIRGINIA, L.L.C.
Agenda Item 17
Page 18
Item #17
Weldenfield of Virginia, L.L.C.
Change of Zoning District Classification
Northwest Interse:ction of Regent University and
Jake Sears Road
District 1
Centerville
March 12, 2008
REGULAR
Donald Horsley: The last application is Weldenfield of Virginia, L.L.C. An application of
Weldenfield of Virginia, L.L.c. for a Change of Zoning District Classification from 1-1 Light
Industrial District, R-5D Residential Duplex District, and 0-2 Office District to Conditional
R-7.5 Residential District with a PD-H2 Overlay on property located at the northwest
intersection of Re:gent University Drive and Jake Sears Road, District 1, Centerville. Mr.
Bourdon?
Eddie Bourdon: Thank you Mr. Horsley. Madame Chair, again for the record, my name is
Eddie Bourdon, Virginia Beach attorney, cocktail hour has five minutes left and dinner hour
is right after that, and we're still here. First of all, Mr. Horsley read it incorrectly. I just
noticed that on the request in the write-up, it said R-5D but elsewhere it is R-7.5. It is R-7.5
single-family and not R-5D with a PD-H. It is right once you read it. I want to apologize
that this morning we provided Faith the old plans with the handouts, that is due to my having
been out of the country, and at the last minute, my clients through together the package using
the old plans. But the information in the write-up is all correct. All the architectural
elevations and everything, and even what you got this morning are the same that are in the
plans. Those have not changed. We dealt with the width of the alley, and there are no piers
in our lake. Okay. Fenwyck Forest is a single-family neo traditional residential community
of no more than 150 homes. That is what is being proposed. It is a mixture of single-family
homes both row, double row and town homes. But they are all single-family. This provides
a very unique urban feel to this neighborhood, this community, but with a suburban density
of3.2 units per aGre. 15.7 acres of the property is open space. There is a very large lake that
will be an amenity and also serves as community BMP. All of these homes are served by
alleys. All of these homes have garages of 2 or 3 cars. They garage things. There will be
garages on all of these homes. They are all high-end products, but they are varying in price.
Like all other development that Mr. Robinson at Regent has done this to will be the highest
of quality. That Gommitment to high quality is unassailable, and it should be very obvious to
anyone who cares to look at all that has been developed by Mr. Robinson at Regent and in
that area. This is not a rezoning of property that is currently zoned agriculture. This is a
rezoning of 40 acres of property upon which offices can be constructed, and 6 Y2 acres plus or
minus ofR-5D property. That existing zoning and let's look. There is AmeriGroup national
support center in this total Blenheim Village area that is being developed. It has been
developed with 300,000 square feet of office space on 36 acres, 2,400 employees will work
in that campus, 2,400 employees on 36 acres. The 40 acres that we could develop with office
would without structured parking support 400,000 square feet of office space by-right and
Item #17
Weldenfield of Virginia, L.L.C.
Page 2
3,000 employees, plus 32 residential units on the R-5D portion of the property. Contrast that
with this high quality low density development of a 150 homes that will only produce 92
trips at the peak hour. This development is so small in size relative to density that it doesn't
even warrant or doesn't require a traffic impact study. Let me put it that way. That is a
better way to put. It doesn't require a traffic impact study. It doesn't even require it. But I
would ask you to know that our Proffer 8, says specifically that we will submit and the City
will not be in a position to even review a site plan for approval for this project until we have
provided them with a traffic impact study that they have accepted, and that will include
making any roadway improvements that are necessitated by this development. And from a
traffic standpoint, this development versus the existing zoning represents a reduction, a
significant reduction in traffic generation, and that is the reason, among others that your staff
is totally supportive of this application. It clearly stands alone, and stands erect in terms of
being a great looking project at a density that is clearly better than what the property is zoned
for today. Now, we've also designed this and have met with the neighbors, Lake James
especially. We got a very large stormwater BMP on the property. The outfall goes to
another lake, and it goes downstream before it even gets to Lake James, so I think they are
quite happy with the fact that the stormwater for this project will be well, well treated before
it gets to Lake James. I don't believe there is anyone who has opposed or is opposed to this
application that is before you. My clients have worked with and continue to work with the
City staff at all levels with regard to the ultimate development of the entire project which you
saw the Master Plan. I've got the Master Plan here. You will be seeing this project many,
many, many more times in the future with rezonings for that to happen. You will see a road
system and some methods for paying for the construction of roads that will come with that
entire project. But this is a small component of this project and this has been going on for a
number of years. This small component of that project clearly stands on its own as not
creating any problems whatsoever from the standpoint of traffic compared to what can be put
on this property as a matter of absolute right today. With that, I'll be happy to answer any
questions you have. I don't think anyone has any doubts about the quality of the project
itself. It is a wonderful project.
Janice Anderson: Are there any questions? Go ahead Jay.
Jay Bernas: Is the traffic impact study specific to this project or are you talking about traffic
impact study for the whole development?
Eddie Bourdon: The traffic impact study is for this project and any off-site road
improvements that are required by that traffic impact study we must do and have agreed to do
with that proffer.
Jay Bernas: So they are just specific to this project.
Eddie Bourdon: That is correct. But let me also just say. There are on-going dialogue, on-
going discussion of a major proportion with regard to the whole road system out there. Ric
alluded to that this morning as well. They have been going on for sometime, and progress is
being made. I am competent that we are going to have an end product in terms of road
Item #17
Weldenfield of Virginia, L.L.c.
Page 3
system soon, but we also have to deal with Chesapeake because of the interconnectivity
there. It is a complicated process that has been going on now for well over a year, as far as
the total system for the entire project.
Janice Anderson: Go ahead Gene.
Eugene Crabtree: Eddie, 1 think it is a terrific thing. Because of the things that you just said,
I think we are a liale premature in this because we don't know what is going to happen with
the roads. We don't know what is going to happen with VDOT and 1-64. They said they
were going to do it and then 1 heard it was dead. There was no money in it and it was never
going to come about. But there are just too many unanswered questions. I think this is a
terrific project. 1 think it is great. 1 think we need it in that area. But I think it is a little
premature.
Eddie Bourdon: 'What 1 would have to respond to that Mr. Crabtree is that all this property is
zoned. We have committed that we are not going to develop all of this million square feet of
office space. If the City wants us to develop out here, then we're not going to develop that
office space until there is an approved Master Plan for the area, with the traffic and with the
roads. We hope th.ere is an interchange. But we are going to have to design the overall plan
for all of this development without it, and if we get it, that will be great. But that isn't again,
a point with regard to this small component of that plan. We have been held up for years.
We're not coming forward and saying that we can't develop all of this plan without coming
in and rezoning all of that property. But all that other property that you see on this Master
Plan, all of this office and retail will generate real traffic. That will have to come forward and
the road improvements will have to accompany that. This, the least dense component, and
what is effectively a down zoning from a traffic standpoint on this portion of the property is
why we're coming forward with this portion of the property because we want to be able to
get started. It is not going to start next week. It is not going to start next month. It is going to
be quite sometiml~, and with the market and the absorption rates in the market place, we can
be talking about] 0 years or longer before, 150 years we are talking about on this, 46 acres
get built. My point simply is I agree with you with regard to the entirety. None of us
disagree but this piece, as staffhas clearly recognized stands on its own. You can't hold up
the whole proces~: or else you are going to basically be telling the applicant just to forget it
and develop it the: way you have it.
Eugene Crabtree: I realize that it will stand on its own, and I realize you don't want to hold it
up. But 1 just think some of these questions need to be a little bit better answered then what
they are now. Even though this will stand alone and if everything else doesn't come about, I
know it will do tLis but a lot of the total thing depends on what happens to 1-64.
Eddie Bourdon: I don't want to be argumentative and 1 apologize if 1 come across that way.
Eugene Crabtree: 1 just have reservations at this point.
Item #17
Weldenfield of Virginia, L.L.c.
Page 4
Eddie Bourdon: You, as a Commission, and we, as a City entered into the development of
Town Center with a ton of unanswered questions about traffic that are still not answered.
Okay? So, my point simply is you got a quality person doing quality development of low
density, and the point simply is it equitable we recognize the fact that this is not going to
cause any problems for the City that the City doesn't already have, and it is a similar thing.
It is a Strategic Growth Area where there is a huge great potential here.
Eugene Crabtree: We were going to ask you that. I had my reservations about Town Center.
Eddie Bourdon: But the point is it is there and it is a great thing. This will be as well. There
are plenty of checks and balances to make sure that before all this office space gets
developed and retail gets developed, which has to be rezoned, that there will be a Master
Plan, and the traffic impact study with those roads and financing mechanisms will be in
place.
Janice Anderson: Dave?
David Redmond: I have a question Mr. Bourdon, and a concern about Proffer 4. I
mentioned it this morning. The language says that it is recognized that the elevations of the
home design as well as the site plans for the various unit types may change throughout the
development stage. That is a little different that what we normally see. Normally what we
see is something along the lines of, "it shall be constructed substantially and in accordance
with that". It always comes back to him to do the final. So, what is that different than what
we are used to seeing? I like to see what we're getting.
Eddie Bourdon: The reality of it is that I've used that same language on proffers for years.
On Baymark proffers, where we showed different pictures of different units, and the same
thing. This is not the first time that language has been in a proffered agreement. Now, there
are certain cases where, because you got to deal with the exact product right there, and all the
details. It is very clear from what's been provided that this is absolutely highest end quality
product, and the Planning Director, just like Mr. Scott prior on the same proffers that existed
on three or four of the Baymark projects in the City of Virginia Beach. We haven't had a
problem, and I don't want to put words in Mr. Whitney's mouth, but I know that Mr. Scott
had said on one or more occasion that he had no doubt whatsoever about the commitment of
this applicant, this property owner to do the highest of quality development. No one is going
to bring in something that isn't consistent with the quality that is evident what is in those
plans.
David Redmond: And I believe you. But my concern is that this may not necessarily be
what we look at and approve. I mean, a high quality apple and a high quality orange can
both be high quality, but I don't know the apple necessarily doesn't look like the orange. It is
kind of nice to see what it is. And I say that too and it is not just in the proffer. I mean there
is a little disclaimer right on the display that says, this is not necessarily what you are getting.
?
Item #17
Weldenfield ofVlrginia, L.L.c.
Page 5
Eddie Bourdon: Mr. Redmond, there have been many projects, and many agreements
because they are conceptual drawings. There is no doubt about it. I'll be happy to share
those with you. Go back and pull them, and share them with you. But the simple fact of the
matter is, and it is again unassailable, the Planning Director isn't going to approve something
that is any way substantially different then what you see. I'll let Mr. Whitney talk to that,
and I'll let your staff talk to that. The point is we're making it clear that this is the quality but
there may be a nuance. If you look at the drawings they are not final architectural elevations.
They are conceptual drawings that clearly show quality. Until you go to the point of
spending the money. This is what I normally proffer that's black and white is when you have
gone and done the complete elevations where the architect spends all that money for those
elevations that you know every little nook and cranny. These are not quite that detailed.
David Redmond: Thank you.
Janice Anderson: Is there any other questions? Eddie, I have one and I'm sorry. You might
have answered it and I was away. I do have an issue too. Piece-mealing this development.
You usually do a whole master plan and this is a little different. I understand your argument.
I do understand this can be developed by itself. But it is part of the plan and a rather large
plan that involves Chesapeake too. I think the traffic is probably one of the major issues. If
it is under your proffer that you will not start any development of the site until we have that
traffic study, it shouldn't be too far in the future. I would feel better if we would have it
before because it is a lot of office space, like you said. I'm excited and I think everything is
going to be a good, I believe and I truly do believe. But as you know, everybody has got
traffic issues, and this is going to have a huge impact.
Eddie Bourdon: 'Well no. Let's be clear, and I know that is not what you meant. This
application will not have a huge impact. This application will in fact, have a beneficial
impact from a traffic standpoint versus what the property is zoned. The overall project will
but the overall project. This isn't piece meal. When you said piece meal that is where you
have an agricultural zoned property and you are coming in, and do a piece here and piece
there. We've got zoning on this property that doesn't fit what the City wants or what we
want to do. Again, I think we have been totally up front with the City in terms of what we are
looking to do. There has been a lot of good dialogue. What the City wants us to do. There
has been a lot of good back and forth on that, and we're continuing to do that, but that has
been ongoing for quite some time. What there hasn't been is any disagreement that this part
of the project is wonderful. And it is, and that is why we went forward with it. And we
proffered we won't even develop it until there is an approved traffic impact study, and we've
agreed to do the improvements that are required, that are mandated, by this development. All
the rest of it, before it is going to develop in it's entirety is going to require rezonings, and
conversations have been ongoing and again, are at the highest levels about how we're going
to do that. But it is complicated and cumbersome.
Janice Anderson: Well, a lot of it can be done without rezoning, I think.
Eddie Bourdon: There is some development that could be done without rezoning, but it
Item #17
Weldenfield of Virginia, L.L.c.
Page 6
wouldn't be the optimal plan that we want, and that the City wants. All of this can be done
without rezoning, but it would be nothing like any of us wants. That is why we are rezoning
what could be 400,000 square feet of office space on this portion of the property to what we
are rezoning. Again, it is just the way you come at it. The way you look at it. I am
convinced beyond any argument that this is a good project and a good location, and to
suggest that you can't develop the least dense density, small traffic generation portion of the
project until you have all the roads for the entire project completely worked out, which we
are at the mercy of VDOT, City of Chesapeake, and the City of Virginia Beach. The City of
Virginia Beach is the least of the concerns frankly. It is just not equitable, and you put the
client in a position of saying, just lets go ahead and develop it the way it is zoned. That is
going to be worse for everybody. If, we were competent in up-zoning the property from a
traffic standpoint, I would understand fully but we're not. From a traffic standpoint, we're
making these 46 acres less of an impact, significantly less of an impact then what is zoned.
Janice Anderson: Thank you. Are there any more questions of Eddie? Ric, do you mind?
Ric Lowman: Ric Lowman, Traffic Engineering.
Janice Anderson: Thank you. The proffer about the traffic impact study. I think you've
heard the concerns of the Commission that, you know, they have given us insight to the
future plans that they have, and of course, they are going to generate a lot more traffic. In
your position, does it proffered satisfy traffic wise, do you feel that we should wait for a full
traffic study to review first?
Ric Lowman: The statement that came from Public Works, which was when this first came
in, was that we really need to see a master plan and a master study for the entire area before
we even pass judgment on a small piece like this. With that said, one of the biggest things,
like Mr. Bourdon said, they are actually down zoning it, as far as traffic impacts for this
piece. But with that said, our biggest concern was when you develop this land, you basically
take this land out of the equation for whatever future roadway projects could be done or will
be needed in the area, meaning you limit some of your options for transportation alternatives
if you plop this down right in the middle of the CBN property. So, that was our concern.
And they have worked with us to develop the master plan, which you see in the basics of the
roadways, the extension of Midtown Way and Jake Sears, kind of tying in. In concept, I
think, again, this is just based on the concept, and concept with maybe some additional
details and some definitely additional analysis, and buy in from the City of Chesapeake. The
concept could work. So, in that sense, the placement ofthis wouldn't be standing in the way
of any transportation land that would be needed for transportation. I'll still stand by Public
Work's statement that really to be fair to the entire property, and to the entire transportation
system, we think that a traffic impact statement should be provided for the whole
development. We are working towards that with them. We've seen two versions of the
study now and we're still making revisions. The one thing that I would like to do is get
Chesapeake's buy in before we approve it, because they send a pretty good amount of traffic
to Chesapeake to a road that doesn't exist right now.
Item #17
Weldenfield of Virginia, L.L.c.
Page 7
Janice Anderson: Okay. So, this approval, if we put this in approval, that may interfere with
what you would ideally want for traffic?
Ric Lowman: Based on this, it would fit. It still allows this to be built around it. It still
allows this to build around it. Originally, they had a plan that kind of tied this and teed this
in, and that really didn't work for us at all. So, they did go back and work with this. This
looks great on paper but that is really all it is. There is no traffic numbers behind this yet.
There is a partial :;;tudy but again, we haven't agreed to it. There certainly still are some
issues that we have with it, but on paper that development would not have an impact to any
of the roadways that could be built.
Janice Anderson: Okay. Are there any questions? Go ahead Phil.
Philip Russo: How long do you anticipate before the traffic impact study would be
completed?
Ric Lowman: I would like to tell you, but it is not up to us.
Philip Russo: I mean, just on your experience.
Ric Lowman: On our experience, well, I would have said it would have been done by now
but again, we still got to deal with Chesapeake and we don't control their schedule. We can
certainly get them on board a lot quicker and bring them to the table, so we can sit at the
table finally to review it, but a couple of months. Again, that is just to get the study done.
That says nothing and I'm not going to speak to the issue of funding and when they can build
it, how they can build it. The realities of building it.
Philip Russo: I understand that.
Ric Lowman: But a study that could be brought forward and fully approved by the City. I
would think maybe a couple of months.
Janice Anderson: Are there any other questions?
Barry Knight: Ric, I'm trying to get my hands around this thing. If this project can be
developed with the zoning in place right now, and they can go in here and impact us much,
much greater than they are impacting now, so what they are looking for is a tremendous
decrease in traffic, and if they are not going to develop the rest of the property until this
traffic impact study is in, and if, on your plan the roads are in where you think they are in
good, I don't have a problem with going forward because until they are going to impact these
roads to a great extent, which means rezoning some other property, put some other plans in,
then you're going to have the traffic impact study in by then. Because what we're getting
now is 20 percent of what we could get by-right, by the way it is zoned now. If your telling
and you're feeling comfortable with the way the roads are on paper, you know right there,
Item #17
Weldenfield of Virginia, L.L.C.
Page 8
that where their project is going is not going to impact any major roads, I don't have a
problem with it.
Ric Lowman: Since this is on the record, and Mr. Knight, I would love to tell you that this is
going to look like this when it is all said and done, but like I said, the analysis to back this up
hasn't been approved yet, so there is no way fairly that I can say that this is going to be
adequate. This roadway system, on paper, like you said it, on paper the alignments would
probably work, but again, there are still some major issues. We don't need to get into the
Master Study and the problems that Public Works has with the Master Study at this point.
The internal traffic, and we could probably handle in some way the internal traffic with these
roads. It's the external portions of it that are going to bring us the most problems.
Barry Knight: That is the point that I was getting at.
Ric Lowman: But again, using these to get to the external, I don't think it is fair for me to
say that there won't be impacts other then the ones that are drawn on this paper.
Barry Knight: In mind, the external pressures could be tremendously magnified if we just let
them develop it the way the zoning is now. That is why I'm kind of excited, in my mind,
they are down zoning the property. They are down zoning the traffic impact.
Ric Lowman: I agree with you. With that, they are down zoning the property, and they
could, again, feasibly they could build. Could the roads handle three times what they are
proposing with this, and would they stand for it three times what they're proposing with this
one? Mr. Morris mentioned earlier that AmeriGroup is going to want to see some
improvements to the roadway system because frankly, the AmeriGroup workers, they have
problems getting out of there in the afternoons. We've seen some drastic measures for them
to get out ofthere in the afternoons because it takes a while to get out of that development to
the interstate. So, we have been working with them to help them out with that, but again, the
whole area needs to be improved to handle what is by-right or future traffic or what they are
proposing. Something has to be done.
Janice Anderson: Don and then AI.
Donald Horsley: My thinking on this is that we have an opportunity to approve a project that
is going to decrease traffic or the potential for traffic.
Ric Lowman: The potential for traffic.
Donald Horsley: So, even when the Master Transportation Plan comes to this area, I mean
that is going to have a positive effect on that plan. So, I can't see what we would be
approving would be any harm to what this plan is going to tell us. I don't see a problem with
it. I agree with what Barry is saying. I think we grab the right horse while he is running and
go with it.
Item #17
Weldenfield of Virginia, L.L.c.
Page 9
Janice Anderson: Al?
Al Henley: As Ric told me, I realize this is a conceptual plan with the major roadway going
through Chesapeake. Has staff even contacted or has Chesapeake ever contacted the City of
Virginia Beach, and have any comments on that proposal? What kind of impacts will be for
that for that City?
Ric Lowman: Th,~y have been contacted. And I've given my contact at the City of
Chesapeake the latest copy of the traffic impact statement. They have reviewed it. They
have comments on it. I haven't received those comments as of this time. But, I know that
the City of Chesapeake is being heard at least at the City Manager's level because my contact
over there has me:ltioned that the Assistant City Manager wanted to run the comments by the
City Manager, before he got them to me. That is really the last contact that I've had with
them over the pas.: couple of weeks, but they do have a copy of the study, and they are aware
of the desire to extend River Birch into that City of Chesapeake or extend Midtown Way into
River Birch.
Al Henley: Thank you.
Janice Anderson: Is there anybody else? Okay, thank you Ric.
Ric Lowman: Su:~e.
Janice Anderson: I'll open it up for discussion. Go ahead Joe.
Joseph Strange: I'll be supporting this item for a bunch of reasons. Number one is that it is
consistent with the Comprehensive Plan for the Strategic Growth Area over there. It is going
to be urban in sty:e. The traffic bothers me like it would anybody, but obviously it is going
to be as, as Eddie pointed out, only about 20 percent of what they could do by-right. I looked
at item 4 today. Vve approved it and it's got 3.5 units per acre. Here this is only 3.2 units per
acre. There is no objection from anybody in the community. They have met with the
different commuraties around there, and when I called around and talked to some of the civic
leagues, no one had any objection to it whatsoever. So, I think this is good for the
Centerville district. I think Centerville needs another upscale project over there. I think this
is going to extremely good for our district so I'll be support it.
Janice Anderson: Thank you. Jay.
Jay Bernas: I think my only concern, and I definitely agree that this is going to be down
zoning from a traffic perspective. My only concern is Proffer 8 and the timing and the
logistics of it. The Traffic Impact Study, I think should be submitted and reviewed before we
approve it. The thing that concerns me is what if the Traffic Impact Study says well in order
for this to work YDu've got to improve from Centerville Turnpike from Kempsville to Indian
River Road. Are they really going to do that? You know what I mean. It kind oflocks them
in. What this say~: is that it puts them in that position that of this unknown of whatever is
Item #17
Weldenfield of Virginia, L.L.C.
Page 10
going to come out of this TIS, and I'm just concerned that, for one it just says that they
would take the recommendations of the Traffic Impact Study, but my other concern is that
we've got to get Traffic Engineering to also approve the Traffic Impact Study as well. They
may not agree on what the recommendations of the TIS would be in order to make this
project work. So, I agree with the project. I think it is a good project. I think that the timing
and the logistic of the TIS should come before we should approve it. That is my only
concern.
Janice Anderson: Are there any other questions?
Donald Horsley: I just feel that if this project is approved it will have a positive effect on this
traffic impact study that we're talking about. They know that if it is approved, it will help
that impact study. It is my feeling. I think we got an opportunity to lock in that lower
transportation.
Janice Anderson: I think they are locked in before they can build. They have to comply to
whatever it says. Good or bad or different. So, if it says you have to build a four-lane road,
they are stuck with that. The way I read it. Yes. Go ahead.
Eugene Crabtree: I know, and I have stated and I agree with Public Works that I would like
to see the entire thing first. I think that would be idea. But being ideal is not necessarily
what we are going to meet today. And I do agree that down zoning this is a start. This may
force it. It also may force Chesapeake to get on the ball and cooperate with us and come on
board a little faster to if we go ahead and approve this today. I'm going to go ahead and
support it.
Janice Anderson: Do I have a motion?
Joseph Strange: I make a motion to approve.
Janice Anderson: A motion to approve by Joe Strange. Is there a second?
Donald Horsley: I'll second it.
Janice Anderson: A second by Don Horsley.
AYE 10
NAYl
ABSO
ABSENT 0
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
AYE
AYE
AYE
NAY
AYE
AYE
AYE
Item #17
We1denfield of Virginia, L.L.C.
Page 11
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-1, the application of Welden field of Virginia, L.L.C has been
approved.
Eddie Bourdon: Tlank you Madame Chair. Your comment was 100 percent on point.
Janice Anderson: The meeting is adjourned.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6854
FROM:
DATE: April 30. 2008
r- Lille~ DEPT: City Attorney
B. Kay Wilso DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Weldenfield of Virginia, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 13, 2008. I have reviewed the subject proffer agreement, dated July
25, 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/bm
Enclosure
c~en Hassen
WELDENFIELD OF VIRGINIA, L.L.C., a Virginia limited liability company
THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CTIY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of July, 2007, by and between
WELDENFIELD OF VIRGINIA, L.L.C., a Virginia limited liability company, party of the
first part, Grantor; THE CHRISTIAN BROADCASTING NETWORK, INC., a Virginia
corpora1ion, party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
PREPARED BY,
v\THEREAS, the party of the second part is the owner of two (2) contiguous parcels
of land which are together hereinafter referred to as the "Property", located in the
Centerville District of the City of Virginia Beach containing approximately 46.2 acres. The
Property is more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference; and
vVH EREAS , the party of the first part, as contract purchaser of the Property, has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of
the Property from R-SD, 1-1 and 0-2 to Conditional PD-H2 with an underlying R-7.S; and
v\THEREAS' the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
vVHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantors' rezoning application gives
rise; and
~Sms. ROURDON.
m AlimN & liVY. P.c.
GPIN: 1455-57-1149 (Part of)
1455-66-6408 (Part of)
1
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-7.5 and PD-H2 Zoning
Districts by the existing overall Zoning Ordinance, 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 rezoning and the need for which is generated by the
rezonmg.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, 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
conditions and restrictions which shall restrict and govern the physical 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 Grantors, their
successors, personal representatives, assigns, grantees, and other successors in interest or
title:
1. In order to create a neo-traditional residential community with a unique
sense of place which emphasizes pedestrian connectivity and features a large perimeter
open space buffer, a five (5) acre recreational lake, community clubhouse, and multiple
residential housing types, the party of the first part agrees to develop the Property with the ,
elements, architectural character and right of way details set forth in the conceptual design
guidebook entitled "FENWYCK FOREST at Blenheim Park, Virginia Beach Weldenfield of
Virginia, L.L.C.", dated July 25, 2007 and prepared by Historical Concepts and Vanasse
Hangen Brustlin, Inc. ("VHB, Inc."), a copy of which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter the "Community Design Plans").
2. When the Property is developed, the primary entrance to Fenwyck Forest
PREPARED BY: shall be from Regent University Drive and the mix of residential units in a single
';, SYKIS. ROURDON. condominium regime shall be substantially as depicted on the "SITE PLAN" on page 1 and
AHmN & liVY. P.C
the "SITE PLAN" on page 4 of the Community Design Plans.
2
PREPARED BY:
~ m!;:s. 1l0URDON.
.. AHrnN & UVY. P.L
~~. When the Property is developed, the total combination of single family
condominium units, double rowhouse condominium units, rowhouse condominium units
and to'\\nhouse condominium units will not exceed 150.
4. It is recognized that the elevations of the home designs as well as the site
plans for the various unit types within Fenwyck Forest may change as the planning
progres,:;es to the development stage. The intent of the elevations and illustrative site plans
contain~d in the Community Design Plans is to illustrate the architectural style and quality
of the buildings as well as their orientation and setbacks. Final elevations for all of the
structures shall be submitted to the Planning Director for review and approval prior to site
plan approval.
S. When the homes are developed in accordance with the Community Design
Plans, the following shall be the minimum setbacks and maximum building heights:
A. Rowhouse Lots:
(i) front yard setback = 5 feet (uncovered steps may encroach to
within 1 foot of the sidewalk);
(ii) side yard setbacks = 10 on one side and 0 feet on the other
provided a minimum 10 foot separation is maintained
between all unattached units;
(iii) rear yard setback = 0 feet;
(iv) maximum building height = 45 feet.
B. Double Rowhouse Lots:
(i) front yard setback = 5 feet (uncovered steps may encroach to
within 1 foot of the sidewalk);
(ii) side yard setbacks = 5 feet on side adjacent to right of way and
o feet on side opposite;
(iii) rear yard setback = 0 feet;
(iv) maximum building height = 45 feet.
C. Townhouse Lots:
(i) front yard setback = 5 feet (uncovered steps may encroach to
within 1 foot of the sidewalk);
(ii) side yard setbacks = 0 feet;
(iii) rear yard setbacks = 0 feet;
(iv) maximum building height = 45 feet.
D.
Single Family Lots:
(i)
front yard setback = 5 feet (uncovered steps may encroach to
within 1 foot of the sidewalk);
side yard setbacks = 5 feet each side;
(ii)
3
PREPARED BY:
.0 SYKi:S. IJOURDON.
mil AllrnN & LM. P.c.
(iii) rear yard setback = 0 feet; ,
(iv) maximum building height = 42 feet.
6. When the Property is developed, the party of the first part shall record a
Declaration submitting the Property to the Condominium Act of the Commonwealth of
Virginia. The Fenwyck Forest Condominium Unit Owner's Association shall be
responsible for maintaining the Club House, all open space, common areas, parks,
sidewalks, roadways, landscaping and other improvements on the Property as depicted on
the Community Design Plans; Membership, by all residential unit owners, in the
Condominium Association shall be mandatory.
7. With respect to the approximately 15.7 acres of open spaces designated and
described on the "FENWYCK FOREST OPEN SPACE EXHIBIT" dated July 25, 2007
prepared by VHB, Inc., the party of the first part shall obtain approval to rezone them to P-
I (Preservation District) prior to the date the first residential building permit is issued.
8. A Traffic Impact Study shall be submitted to the Grantee on or before
submittal of the initial engineered site plan for review. Grantor shall make any roadway
improvements to adjacent roadways and modifications to the location or configuration of
the depicted site access roads required by the Grantee pursuant to the recommendations
contained in the Traffic Impact Study.
9. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the 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
4
PREPARED BY:
~ SY1Crs. ROURDON.
m AHrnN & li:VY. P.c
resolubon adopted by the governing body of the Grantee, after a public hearing before the
Grantee 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.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions 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
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, the Grantors 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
existenee 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 name of the Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Weldenfield of Virginia, L.L.C., a Virginia
liabilityc~
~lS~r Charles V. Welden, III
Manager
limited
(SEAL)
STATE OF AlABAMA
CTIYjCOUNIT OF JEFFERSON
, to-wit:
The foregoing instrument was acknowledged before me this 27th day of July,
2007, by ,Char les V. Welden, III, Manager , ~ of Weldenfield of
Vrrginia, L.L.C., a Virginia limited ~m~
' ,- -}NOtMyPUb~f'\",,;
, '
My Commission Expires: ( - f ~ -/0 -.
. .. -._,
.-.....
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1'",,,17'"
6
WITNESS the following signature and seal:
Grantor:
ro casting Network, Inc., a Virginia
(SEAL) /
!
STATE O:P VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
::s \ The foregoing instrument was acknowle.d.ged before me this 3o~ day of
u. ~ -' 2007, by 1Y\.G. f<Dher~
l'~'D of The Christian Broadcasting Network, Inc., a Virgini~
corporation, Grantor.
My Commission Expires:
~~ ~ ~nt!flC
Notary PublIc
c)j~Jc}'DI6 ~u,to~~
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~-t-iR~Z1;>n;t' >--/;flad ;bL ,,;;?t5-;fL d~fI ~. ~.I; dee'/,:
7
PREPARED BY:
~;) SYlCJ;:S. RoURDON.
DCI AlIillN & LM. P.c.
EXHIBIT "A"
PARCELl
METES AND BOUNDS DESCRIPTION OF PART OF GPIN: 1455-57-1149
ALL THAT certain tract, piece or parcel of land consisting of approximately 21.0 acres,
more or less, with the improvements thereon and the appurtenances thereunto belonging,
situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that
tract of land known, numbered and designated as "PARCEL C", as shown on the plat
entitled "PLAT OF PROPERTY TO BE CONVEYED BY GOODLAND CORPORATION TO
LEVEL GREEN CORPORATION", prepared by Talbot, Wermers and Standing, Ltd., dated
August 3, 1971, which plat was recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book 88, at Page 15. Said portion of Parcel C is more
particularly described as follows:
BEGINNING at a point along the western right of way line of Regent University Drive near
its intersection with Jake Sears Road at the southeastern corner of PARCEL C on that plat
entitled "SUBDIVISION OF PARCELS A & BAND RESUBDIVISION OF PROPERTY OF
CHRISTIAN BROADCASTING NETWORK, INC., Map Book 231, Pages 96-98", dated
October 6, 2003 (Sheet 4 of 4), as recorded in the afore referenced Clerk's Office as
Instrument #200312180210771, and from said POINT OF BEGINNING running along the
western right of way line of Regent University Drive along a curve having a radius of
328.10 feet an arc length of 87.66 feet, a cord bearing of N 100 13' 36" East, and a cord
distance of 87-40 feet to a point; thence S 850 51' 48" West, 37.99 feet to a point; thence N
120 29' 53" West, 59.74 feet to a point; thence N 850 37 28" East, 48.25 feet to a point on
the western right of way line of Regent University Drive; thence along the western right of
way line Regent University Drive along a curve having a radius of 328.10 feet an arc length
of 28.06 feet, a cord bearing of N 100 15' 04 " West, a cord distance of 28.05 feet to a point;
thence N 770 17 58" East, 17.14 feet to a point; thence continuing along the western right of
way line of Regent University Drive N 120 26' 16" West, 346.67 feet to a point; thence
turning and running N 650 28' 30" West, 589.85 feet to a point; thence S 810 55' 25" West,
147.71 feet; thence N 680 10' 56" West, 463.50 feet to a point; thence S 540 52' 42" West,
451.69 feet to a point; thence in a southerly direction along a curve to the left having a
radius of 1870.00 feet an arc length of 598.19 feet to a point; thence continuing in a
southerly direction along an arc of a curve with a radius of 2130.00 feet, an arc length of
180.73 feet to a point; thence turning and running S 680 10' 56" East, 723.33 feet to a point
along the boundary line of Parcel C and that parcel now or formerly owned by The
Christian Broadcasting Network, Inc., having GPIN #1455-66-6408; thence turning and
running along said boundary line N 220 35' 57" East, 1032.88 feet to a point; thence
turning and continuing along said boundary line S 670 14' 04" East, 1632.64 feet to the
POINT OF BEGINNING. Said Parcel containing approximately 21.0 acres is also depicted
on that certain "Parcel Acreage Exhibit" dated July 25,2007 for Fenwyck Forest, Virginia
Beach, Virginia, prepared by Vanasse Hangen & Brustlin, Inc.
GPIN: 1455-57-1149 (Part of)
8
PREPARED BY:
13m SYIlES. ROURDON.
mil AHmN & llVY. P.c.
PARCEL 2
METES AND BOUNDS DESCRIPTION OF PART OF GPIN: 1455-66-6408
ALL THAT certain tract, piece or parcel of land consisting of approximately 25.2 acres,
more or less, with the improvements thereon and the appurtenances thereunto belonging,
situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of those
tracts of land known, numbered and designated as "PARCEL 3", "PARCEL 4" and
"PARCEL 5", on that certain plat entitled "PLAT OF PROPERTY OF GEORGE MYER
SEARS AND MAX H. SEARS, Kempsville Borough, Virginia Beach, Virginia, for
Conveyance of Parcels 1 & 2 to City of Virginia Beach, Virginia", dated January 22, 1970,
made by Baldwin & Gregg, which plat is recorded in the aforesaid Clerk's Office in Map
Book 8:;;~, at Page 45. Said portion of the referenced Parcels is more particularly described
as follows:
BEGINNING at a point along the western right of way of Regent University Drive near its
intersection with Jake Sears Road at the southeastern corner of PARCEL C on that plat
entitled "SUBDIVISION OF PARCELS A & BAND RESUBDIVISION OF PROPERTY OF
CHRISTIAN BROADCASTING NE1WORK, INC., Map Book 231, Pages 96-98", dated
October 6, 2003 (Sheet 4 of 4), as recorded in the afore referenced Clerk's Office as
Instrument #200312180210771, and from said POINT OF BEGINNING running along the
western right of way of Regent University Drive in a southeasterly direction along the arc
of a CUIve with a radius of 328.10 feet an arc length of 110.96 feet to a point; thence
continu:lng the western right of way line S 370 15' 31" West, 54.53 feet to a point; thence
continu:lng along the western right of way line in a southeasterly direction along the arc of
a curve with a radius of 388.10 feet an arc length of 280.65 feet to a point at the
intersection of the western right of way line of Regent University Drive and the northern
right of way line of Jake Sears Road; thence continuing along said right of way line S 300
29' 39" 'West, 15.00 feet to a point; thence continuing along said right of way of Jake Sears
Road S 590 23' 14" West, 236.33 feet to a point; thence turning and running N 68010' 56"
West, 1111.96 feet to a point along the boundary of Parcel C, GPIN #1455-57-1149; thence
turning and running along said shared boundary line N 220 35' 59" East, 1032.88 feet to a
point; tllence turning and continuing along said boundary line S 670 14' 04" East, 1632.64
feet to the POINT OF BEGINNING. Said Parcel containing approximately 25.2 acres is
also depicted on that certain "Parcel Acreage Exhibit" dated July 25, 2007 for Fenwyck
Forest, Virginia Beach, Virginia, prepared by Vanasse Hangen & Brustlin, Inc.
GPIN: 1455-66-6408 (Part of)
Conditiona lRezone/W eldenfieldotvirginia/FenwyckForest/Proffer3_ Clean
Rev_lo/29/07
9
L. APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
,.
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 I
DATE: April 8, 2008 M B L
D C E L
E D H C R A W
PAGE: 1 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
..
LA. BUDGET RECONCILIATION
: PROPOSED BIENNIAL RESOURCE
MANAGEMENT PLAN
1. FY 2008-2009 and 2009-2010
Operating Budget
2, FY 2008-2009 and 2009-2010
Capital Improvement PrOl!JllII1
III III/IV /
VNI-E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
F MINUTES ApriI17/ApriI22,2008 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/H-l PUBLIC HEARING
LEASE OF CITY PROPERTY - Little No Speakers
Leagues
.'
I/J-l Ordinance to AUTHORIZE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
, Lease Agreements re City park CONSENT
properties for Little League
operations and tournaments:
a, Virginia Beach Little League,
!nc, - Ocean Lakes Park
b, Plaza Little League, !nc, -
PlazalNorthgate Park
c, Great Neck Baseball League,
!nc, - Great Neck Park
i d, Green Run/Princess Anne
Little League, lnc, - 4153
Dam Neck Road
e, Lynnhaven Boys Baseball- 586 North
Lynnhaven Road
2 Ordinance to REVISE City's ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
policy/procedures re Commissioner of CONSENT
Revenue exemption from local property
taxes.
3 Ordinance to AUTHORIZE encroachment ADOPTOED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
into portion of City property at Lake Wesley CONSENT
for Griffith J. McRee, Jr. at 525 Virginia
Dare Drive (DISTRICT 6 - BEACH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: April 8, 2008 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
4 Ordinance to TRANSFER ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
School's Instructional Category/ CONSENT
Operating Fund within lhe FY
2007-08 Operating Budget:
a, $3,000,000 Pupil T1lIIsportation
category
b, $ 900,000 School Technology Special
Revenw: Fund
c, $ 525,000 School::quipment
Replacement Fund
d, $ 300,000 School Cafeteria Fund
5 Resolution SETTING 10% goal re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Minority business participation in City's
competitive contracts/procurement.
K-1 NIMMO CHILDCARE and DENIED 6-5 N N N Y Y Y Y Y Y N N
RESOURCE LEARNING CENTER,
INe. Modification of Conditions (approved
November 23, 1993 for Donald G, Pratt) at
2244 General Booth Blvd, DISTRICT 7 -
PRINCESS ANNE
.
2 JOHN SARGENT fuJlansion ofa DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Nonconfonninl! Use at 203 6200 Street. INDEFINITELY
DISTRICT 5 - L YNNfA YEN BY CONSENT
L APPOINTMENTS:
AUDIT COMMITTEE RESCHEDULED B y C 0 N S E N S U S
HISTORIC PRESERVATION
COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINES~; COUNCIL
PUBLIC LffiRARY BeARD Appointed:
Diana LaClaire
unexpired tenn
thru 08/31/2010
M. J. Nero - 3
year tenn
09/01/2008-
08/31/20 II
M/N/O ADJOURNMENT 6:33 PM
PUBLIC COMMENTS - Non-Agenda 4 Speakers
Items 6:35 -7:15 PM
'I CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACnONS
i
V
0 I
DATE: April 8, 2008 M B L
D C E L
E D H C R A W
PAGE: 3 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
..
PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS
May 13
Adoption
Council Chamber
6PM
CITY COUNCIL ONE-DAY RETREAT
MAY 12, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
(:0.'
CONFERENCE ROOM
TOWN CENTER
*
*
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER