DECEMBER 2, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA Ii. OBHRNDORF, AI-Large
VICE MAYOR LOUIS R JONES, Bayslde - Dlstrlct.J
WILLIAM R DeSYEPH, AI-Large
HARRY Ii. D1EZ/iI., KempsVIlle - Dlstrlel 2
ROBERTM DYER" Centervi/le - DlStricll
BARBARA M HENLEY, Prmcess Anne. Districl 7
RFiBA S McCLANAN, Rose Hall - DlstrJct 3
JOHN E UHRIN, Beach .. Dt.'trlct 6
RON A. VILLANU/:'VA, At-Large
ROSFiMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -DlstrlCI 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: Ctycnc/@vbgov.com
CITY MANAGER - JAMES K SPORE
CI7Y ATTORNEY - LESLIE L. LILLEY
CI7Y ASSESSOR - JERALD HANAGAN
CITY AUDITOR - I,YNDON S REM/AS
CITY CLERK - RUTH HODGES FRASER, MMC
2 DECEMBER 2008
1. CITY MANAGER'S BRIEFINGS
-Conference Room -
2:00 PM
A. BURTON ST A TIONlNorthampton Corridor Strategic Growth Area
Robert S. "Steve" Herbert, Deputy City Manager
B. FATS, OILS and GREASE (FOG) ORDINANCE
Thomas Leahy, Director - Public Utilities
C. SEWER PUMP STATION PRO RATA FEE
Thomas Leahy, Director - Public Utilities
II. CITY COUNCIL LIAISON REPORTS
III. COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. 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
V1. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend William Dyson
Presiding Elder, Portsmouth, Richmond/Roanoke District
African American 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 - November 25, 2008
Defer to
December 9,2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. TOWN CETNER, PHASE IV
I. CONSENT AGENDA
I;
J. ORDINANCESIRESOLUTION
1. Ordinances to AMEND the City Code (deferred from November 25, 2008):
a. S30-59 re Erosion and Sediment Control Site Stabilization
b. Chapter 5 - Animals and Fowls - ADDING S5-20 re prohibiting feeding
wildlife on City property
2. Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and
until an unbiased, conclusive study can demonstrate no significant release of radioactive
sediments downstream.
3. Ordinances re Central Business District (CBD):
a. ESTABLISH the (CBD) Northeast Tax Increment Financing (TIF) District.
b. ADJUST the boundary for the (CBD) South Tax Increment Financing (TIF)
District.
4. Ordinance to APPROPRIATE $200,000 to the Virginia Musical Theatre (VMT) re an
interest free loan to support operational and production costs
5. Ordinances to ACCCEPT and APPROPRIATE:
a. $430,314 re State reimbursements from the Virginia Compensation Board re
Clerk of the Circuit Court's FY2008-09 Technology Trust Fund.
b. $47,900 from the U.S. Department of Homeland Security via the Virginia
Department of Emergency Management re costs of the Fire Department's
Citizen Corps Council and Community Response Team programs.
c. $48,427 from U.S. Department of Justice for the State Criminal Alien
Assistance Program (SCAAP) to the FY2008-09 Sheriff's Special Revenue
Fund re reimbursement for holding undocumented criminal aliens.
K. PLANNING
1. Petition of JOYCE LEE CRUMBLE for a Variance to S4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance
(CZO) re a new single family dwelling at Hope Avenue and Beach Town Road.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
2. Application of5073 VIRGINIA BEACH BOULEVARD, L.L.c. for a Conditional Use
Permit for construction of a two-story building re motor vehicle sales and rental
business at 5073 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
3. Application of KAREN PARKER for a Conditional Use Permit re home Daycare in a
residence at 5516 Gosling Court.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROV AL
4. Application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. for a
Conditional Use Permit re allow two (2) floors of a mix-used building at Town Center
(currently under construction) to bty used as a college at 4500 Main Street.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
5. Application of RICHMOND 20 MHZ, LLC d/b/a NTELOS, for a Conditional Use
Permit re communication tower at 4221 Pleasant Valley Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
6. Application of 1000 N. GREAT NECK ROAD, LLC (Virginia Beach Christian Life
Center) for a Modification of Conditions re expansion of the existing parking lot
(approved by City Council on October 14,2003) at 1000 North Great Neck Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
7. Application of JOYNT ENTERPRISES, INC., t/a PEMBROKE SUZUKI for a
Modification of Conditions re auto sales and service expansion, refurbishing and
exterior painting of the existing building and signage (approved by City Council on
July 13, 1999 and August 14,2001) at 4753 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA TION
APPROVAL
8. Application of NEAL REED for a Modification of Conditions re construction of a
convenience store at 798 Lynnhaven Parkway.
DISTRICT 6 - BEACH
RECOMMENDA TION
APPROV AL
9. Applications of the City of Virginia Beach:
a. Ordinance to AMEND the Comprehensive Plan and ADOPT/ADD the Resort
Area Strategic Action Plan as an Appendix.
REcOMMENDA nON
APPROVAL
b. Ordinance to AMEND g211 of the City Zoning Ordinance (CZO) re certain
temporary signs in all Zoning Districts.
REcOMMENDA nON
APPROV AL
c. Ordinance to AMEND g203 of the City Zoning Ordinance (CZO) re parking
requirements in B-3A (Pembroke Central Business Core District) and B-4C
(Central Business Mixed Use District).
RECOMMENDA nON
APPROV AL
d. Ordinance to AMEND 94.1 of Appendix B, Subdivision Regulations, re
DELETION of minimum right-of-way width and minimum paved width for
minor Subdivision streets (deferred from November 25,2008)
RECOMMENDA nON
APPROV AL
L. APPOINTMENTS
COMMUNITY SERVICES BOARD
MIUT AR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second and fourth Tuesdays of each month.
Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11.18.08.
A Special Formal Session will be held
Monday, January 5, 2009 at 4:00 PM
for the REORGANIZATION of City Council
*********
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 12/02/08 afb
www.vbgov.com
1. CITY MANAGER'S BRIEFINGS
-Conference Room -
2:00 PM
A. BURTON STATIONlNorthampton Corridor Strategic Growth Area
Robert S. "Steve" Herbert, Deputy City Manager
B. FATS, OILS and GREASE (FOG) ORDINANCE
Thomas Leahy, Director - Public Utilities
C. SEWER PUMP STATION PRO RATA FEE
Thomas Leahy, Director - Public Utilities
II. CITY COUNCIL LIAISON REPORTS
III. COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
- Conference Room -
4:00 PM
V1. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend William Dyson
Presiding Elder, Portsmouth, RichmondlRoanoke District
African American 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 - November 25, 2008
Defer to
December 9,2008
G. AGENDA FOR FORMAL SESSION
.tsnlutfnu
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 ofthe 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 HEARING
1. TOWN CETNER, PHASE IV
1. CONSENT AGENDA
J. ORDINANCESIRESOLUTION
1. Ordinances to AMEND the City Code (deferred from November 25,2008):
a. g30-59 re Erosion and Sediment Control Site Stabilization
b. Chapter 5 - Animals and Fowls - ADDING g5-20 re prohibiting feeding
wildlife on City property
2. Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and
until an unbiased, conclusive study can demonstrate no significant release of radioactive
sediments downstream.
3. Ordinances re Central Business District (cBD):
a. ESTABLISH the (CBD) Northeast Tax Increment Financing (TIF) District.
b. ADJUST the boundary for the (CBD) South Tax Increment Financing (TIF)
District.
4. Ordinance to APPROPRIATE $200,000 to the Virginia Musical Theatre (VMT) re an
interest free loan to support operational and production costs
5. Ordinances to ACCCEPT and APPROPRIATE:
a. $430,314 re State reimbursements from the Virginia Compensation Board re
Clerk of the Circuit Court's FY2008-09 Technology Trust Fund.
b. $47,900 from the U.S. Department of Homeland Security via the Virginia
Department of Emergency Management re costs of the Fire Department's
Citizen Corps Council and Community Response Team programs.
c. $48,427 from U.S. Department of Justice for the State Criminal Alien
Assistance Program (SCAAP) to the FY2008-09 Sheriff's Special Revenue
Fund re reimbursement for holding undocumented criminal aliens.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance to Amend and Reordain Section 30-59 of the City Code,
Pertaining to Erosion and Sediment Control Site Stabilization
MEETING DATE: December 2, 2008
. Background: Among the recommendations of the Green Ribbon Committee is
that the Erosion and Sediment Control Ordinance be amended to require that all
denuded or disturbed areas on sites be stabilized prior to the final release of any land
disturbing activity permit or the issuance of a temporary or permanent certificate of
occupancy.
This item was deferred on November 25, 2008.
. Considerations: The proposed ordinance would accomplish the
recommendation of the Green Ribbon Committee by amending City Code Section 30-59
to add the foregoing requirement.
. Public Information: A public hearing has been advertised for November 25th in
addition to the normal advertising of agenda items. The ordinance has also been
included in the briefings provided to the City Council on the recommendations of the
Green Ribbon Committee.
. Recommendations: Adoption of ordinance
. Attachments: Proposed ordinance
Recommended Action:
Adoption of ordinance
Submitting DepartmentlAge~~y: Planning Department
City Manager.~ I'- \ ~w>t
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 30-59 OF THE CITY CODE, PERTAINING
3 TO EROSION AND SEDIMENT CONTROL SITE
4 STABILIZATION
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 30-59 of the City Code, pertaining to erosion and sediment
11 control site stabilization requirements, is hereby amended and reordained to read
12 as follows:
13
14 Sec. 30-59. Approved plan required for issuance of grading, building or
15 other permits; security for performance; site stabilization.
16
17 (a) Prior to the issuance of any grading, building or other permit for
18 activities involving land-disturbing activities, the applicant shall submit an
19 application with an approved erosion and sediment control plan and certification
20 that the plan will be followed. In addition, as a prerequisite to engaging in the land-
21 disturbing activity as shown on the approved plan, permit or agreement in lieu of a
22 plan, the person responsible for carrying out the plan or agreements in lieu of a
23 plan shall provide the name of a responsible land disturber, who will be in charge
24 of and responsible for carrying out the land-disturbing activity. Failure to provide
25 the name of a responsible land disturber prior to engaging in land disturbing
26 activities may result in revocation of the plan approval, and the person responsible
27 for carrying out the plan shall be subject to the penalties provided in this article.
28
29 However, the planning department may waive the requirement for an
30 agreement in lieu of a plan for construction of a single-family residence to provide
31 the name of a responsible land disturber. If a violation occurs during the land-
32 disturbing activity, then the person responsible for carrying out the agreement in
33 lieu of a plan shall correct the violation and provide the name of a responsible
34 land disturber. Failure to provide the name of a responsible land disturber shall be
35 a violation of this article.
36
37 ( c ) Prior to the issuance of a certificate of occupancy. whether
38 temporary or permanent. or the final release of any permit authorizing a land-
39 disturbinQ activity. all disturbed or denuded areas shall be stabilized in
40 accordance with the VirQinia Erosion and Sediment Control Law and ReQulations
41 by such methods as. but not limited to. temporary seeding. permanent seedinQ.
42 soddinQ or soil stabilization blankets and mattinQ. Failure to stabilize the site prior
43 to occupancy shall be a violation of this article.
44
45
46 COMMENT
47
48 The amendment adds a provision to the Erosion and Sediment Control Ordinance
49 specifically requiring that all disturbed or denuded areas on a site be stabilized prior to the final
50 release of any land disturbing activity permit or the issuance of a temporary or permanent
51 certificate of occupancy.
52
53 The amendment is one of the recommendations of the Green Ribbon Committee.
APPROVED AS TO LEGAL SUFFICIENCY:
Ci~(;j#i:.tP//U
CA-1080
November 13, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AN ORDINANCE TO AMEND CHAPTER 5 (ANIMALS AND FOWL) OF THE
CITY OF VIRGINIA BEACH BY ADDING A NEW SECTION 5-20, PROHIBITING THE
FEEDING OF WilDLIFE ON CITY PROPERTY
MEETING DATE: December 2, 2008
. Background: The Green Ribbon Committee Report recommendation is to
"Amend the City Code to prohibit feeding of wildlife".
This item was deferred on November 25, 2008.
. Considerations: Water quality is significantly affected by wildlife; recent
estimates indicate that over 30% of the bacterial level related to fecal coli form is due to
wildlife. A variety of educational efforts have been implemented through the City and a
partnership formed with non-profit organizations including, the City of Virginia Beach,
Department of Parks and Recreation, Virginia Beach SPCA, People for the Ethical
Treatment of Animals (PETA), Wildlife Response, Inc., Lynnhaven River Now and
Humane Society of United States (HSUS). This partnership continues to support public
education which explaining that feeding wildlife does not help, and in fact, harms them.
The ordinance addresses prohibition of feeding of wildlife on city property only; there is
no intention of this ordinance to regulate feeding of wildlife on private property. In
addition, posting of signs advising of the ordinance are required for enforcement of the
ordinance.
. Public Information: An extensive pubic information program has been
established through non-profit organizations and city efforts to advise the public through
presentations to home owner and community organizations, workshops, newsletters
and educational brochures. In addition, this item has been part of the ongoing effort to
communicate the recommendations of the Green Ribbon Committee Report, accepted
by City Council December 4, 2007.
. Alternatives: As an alternative to the ordinance, continuing education and
voluntary compliance could be considered.
. Recommendations: Adopt the recommended ordinance which defines wildlife
and addresses prohibition of feeding only on public properties. Posting of signs will be
required to enforce the ordinance; warnings will be issued prior to a summons; and, the
first fine will not exceed $25.
. Attachments: Ordinance
Recommended Action: Approval
Submitting DeparbnentlAgency: Department of Parks and Recreation
City Manage~) k . ~~
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AN ORDINANCE TO AMEND CHAPTER 5 (ANIMALS AND
FOWL) OF THE CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING A NEW SECTION 5-20, PROHIBITING THE
FEEDING OF WILDLIFE ON CITY PROPERTY
Section Added: City Code Section 5-20
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 5 of the City Code is hereby amended by the addition of a new
Section 5-20, prohibiting the feeding of wildlife on City property, to read as follows:
Sec. 5-20. Feedina wildlife on publicly-owned property.
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(a) It shall be unlawful for any person to feed any wildlife on publicly-owned
property within the City: provided, however, that no violation shall be deemed to occur
unless siqns qivinq notice of the prohibition set forth in this section are posted in a
conspicuous location upon the property and a law enforcement officer has provided a
prior warninq that continued feedinq of wildlife will result in a violation of this section.
(b) For purpose of this section:
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(1) "Wildlife" shall include all species of wild animals, wild birds,
freshwater fish and all domestic. non-native. native or miqratorv
waterfowl.
(2) "Feed" shall mean to qive. place, expose, deposit. distribute or
scatter any edible material with the intention that such material be
consumed by wildlife.
(c) A violation of this section shall constitute a civil infraction punishable by a
fine in an amount not to exceed twenty-five dollars ($25.00) for a first violation and fifty
dollars ($50.00) for each successive violation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2008.
COMMENT
The ordinance makes it unlawful, as a civil infraction rather than a criminal offense,
to feed wildlife on publicly-owned property. No violation occurs unless signs giving notice
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of the prohibition are posted in a conspicuous location upon the property and a law
enforcement officer has provided a prior warning that continued feeding of wildlife will
result in a violation.
APPROVED AS TO CONTENT:
CA10812
November 12,2008
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APPROVED AS TO LEGAL SUFFICIENCY
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: A resolution opposing the mining of uranium in the Commonwealth of Virginia in the
absence of an unbiased, conclusive study on the potential effects thereof.
MEETING DATE: December 2,2008
. Background: Significantly higher prices for uranium yellowcake have resurrected
proposals to mine and mill uranium in Pittsylvania County, upstream of the Lake Gaston water
supply. In 1983, Virginia enacted a legislative ban on uranium mining which remains in effect
today. However, Virginia Uranium, Inc. is conducting a public relations and lobbying effort to
convince the General Assembly to eliminate the ban so that it may mine and extract up to 100
million pounds of uranium from Pittsylvania County over 25 to 30 years. City Council is on
record twice in 1985 calling first for an indefinite ban on Uranium mining in the Commonwealth,
and later for a permanent ban.
. Considerations: Uranium mining produces vast quantities of highly mobile, sand and
clay-like sediments known as tailings that retain 85% of the original ore's radioactivity for
hundreds of thousands of years. All of the uranium mines in the United States (and most in the
world) are operated in areas with arid climates, where the total annual rainfall is less than what
can be produced in a few hours from a not-so-infrequent storm in Virginia. Historically, the
mining industry and its federal regulator had an abysmal record of protecting the public from the
significant health and environmental consequences of these radioactive tailings. Inability to
properly manage water, even in these arid states, was often a factor. Ultimately, the federal
government had to step in and spend billions of dollars over three decades to remediate the
damage. Uranium mining proponents indicate that more stringent federal regulations and better
design of confinement cells will prevent this from happening today, even in light of Virginia's
storm potential. However, there are no examples of these confinement cells surviving the
erosive and structural damage that would result from a storm similar to that which struck Nelson
County in 1969 (Hurricane Camille) or Madison County in 1995.
. Public Information: This issue was the subject of a Council briefing on November 25,
2008 and it has been advertised in the same manner as other items on City Council's agenda.
. Alternatives: The alternatives are to take no action, support or oppose a study of
uranium mining impacts, and/or oppose uranium mining and the lifting of the moratorium.
. Recommendations: For the reasons discussed in the attached policy report, it is
recommended that City Council adopt a resolution opposing uranium mining in Virginia and
lifting of the moratorium until it can be demonstrated that there will be no significant release of
radioactive sediments downstream.
. Attachments: Policy Report, Resolution
Recommended Action: Approval of Attached Reso;;rr
Submitting Department/Agency: Public Utilities -:Jf1 t7l1Il a,p 1}7
City Manage~~ k ~ IJY>t
II
1 A RESOLUTION OPPOSING THE MINING OF
2 URANIUM IN THE COMMONWEALTH OF
3 VIRGINIA IN THE ABSENCE OF AN UNBIASED,
4 CONCLUSIVE STUDY ON THE POTENTIAL
5 EFFECTS THEREOF
6
7
8
9 WHEREAS, in 1983, in response to proposals to mine uranium in the
10 Commonwealth of Virginia, the General Assembly enacted a legislative moratorium on
11 the mining of uranium in Virginia, which remains in effect today; and
12
13 WHEREAS, present-day estimates of uranium ore in Pittsylvania County and the
14 price of uranium yellowcake indicate that uranium deposits in Pittsylvania County may
15 be worth as much as $7 to $10 billion, prompting proposals to study the consequences
16 of repealing the moratorium and developing a regulatory framework for uranium mining;
17 and
18
19 WHEREAS, a company known as Virginia Uranium, Inc. has proposed to
20 establish one of the largest uranium mining operations in North America in Pittsylvania
21 County; and
22
23 WHEREAS, uranium mining by the process likely to be used in Pittsylvania
24 County, if such mining is ultimately approved, results in the creation of huge volumes of
25 highly mobile, radioactive, sand and clay-like sediments known as mill tailings, which are
26 stored as slurries and sludge in ponds, and ultimately as dewatered tailings piles, where
27 they retain 85% of their original radioactivity for hundreds of thousands of years; and
28
29 WHEREAS, historically, tailings pile confinement structures have failed in the
30 United States and elsewhere, resulting in the release of radioactive particles and
31 sediments to downstream surface waters; and
32
33 WHEREAS, it is well-documented and generally agreed within the scientific
34 community that long-term exposure to the level of radiation that could result from a
35 failure of a tailings pile confinement structure, or even a less catastrophic release, are
36 highly deleterious to human health; and
37
38 WHEREAS, historically, many uranium mines have not been properly operated or
39 closed, or in many instances have been abandoned, resulting in radioactive
40 contamination of ground and surface waters, and in some cases leaving a legacy of
41 environmental and human tragedy; and
42
43 WHEREAS, all uranium mines in the United States have, to date, been located in
44 states with low rainfall and high evaporation rates, both of which are important factors in
45 managing water and minimizing flooding, whereas Virginia's climate includes frequent
46 tropical storms, hurricanes, and nor' easters, many of which have produced more rainfall
47 in a few hours than the total annual precipitation of the arid states where the nation's
48 uranium mines are located; and
49
50 WHEREAS, by contrast, Virginia's surface water hydrology has the capacity to
51 cause significant erosion and structural damage to tailings piles, dams, and caps while
52 simultaneously providing long-distance, transport and dispersal downstream of
53 radioactive sediments released as a consequence of such erosion and damage, and
54 many of the uranium mining catastrophes in arid states were caused by the inability to
55 properly manage water, even though water management in such states is much less
56 problematic than in Virginia; and
57
58 WHEREAS, these past environmental disasters were also attributable to serious
59 deficiencies in the practices of the uranium mining industry and inadequate federal
60 regulation, such that in the United States, the federal government was forced to
61 intervene to remediate the harm and damage, and after two and one-half decades of
62 remediation and billions of dollars of expenditures, those efforts are still underway; and
63
64 WHEREAS, Virginia Beach and Chesapeake own a raw water intake on Lake
65 Gaston, which is downstream of the proposed mining operation in Pittsylvania County,
66 and water from the Lake Gaston Project is intermixed throughout the water supplies of
67 Chesapeake, Norfolk, and Virginia Beach; and
68
69 WHEREAS, if a flood of the magnitude of that caused by Hurricane Camille in
70 1969 were to fragment one or more tailings piles and transport radioactive mill tailings
71 downstream into Kerr Reservoir and Lake Gaston, the Lake Gaston Project might be
72 rendered inoperable for an indefinite period of time; and
73
74 WHEREAS, a worst-case scenario would include abandonment of the lake
75 Gaston Project, termination of the water services contract with Norfolk (requiring the
76 payment to Norfolk of its stranded capital costs), and the construction of a seawater
77 desalination plant to replace the abandoned water supply at a direct cost to Virginia
78 Beach in excess of $500 million; and
79
80 WHEREAS proponents of uranium mining do not dispute the environmental
81 consequences of past uranium mining practices in the United States or elsewhere, but
82 instead maintain that much more stringent regulations and improved uranium tailings
83 confinement technology will prevent any significant release of radioactive substances
84 downstream; and
85
86 WHEREAS, no mines or uranium tailings confinement cells have ever been
87 constructed in locations, such as Virginia, that are subject to frequent tropical storms,
88 hurricanes, nor'easters, and other storms that can and have produced precipitation
89 approaching the Probable Maximum Precipitation (PMP), as defined by the National
90 Weather Service, such that there can be no reasonable assurance under the present
91 state of knowledge of the subject that uranium mining can be performed safely in
92 Virginia; and
2
93
94 WHEREAS, on November 6, 2008, the Virginia Coal and Energy Commission
95 (VCEC) adopted a resolution urging the Virginia Center for Coal and Energy Research
96 (VCCER) to enter into an agreement with the National Academy of Sciences, or other
97 comparable scientific or academic institution independent of the Center, to conduct a
98 wide-ranging study of the impact of uranium mining in the Commonwealth of Virginia;
99 and
100
101 WHEREAS, the City of Virginia Beach does not oppose an unbiased, scientific
102 study of the potential impacts of uranium mining in Virginia by an independent entity
103 such as the National Academy of Sciences.
104
105 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
106 VIRGINIA BEACH, VIRGINIA:
107
108 That unless and until it can be demonstrated a reasonable degree of scientific
109 certainty that there will be no significant release of radioactive sediments downstream
110 under any circumstances, including, but not limited to, a direct hit on the mining facilities
111 by a Probable Maximum Precipitation (PMP) storm event, the City of Virginia Beach is
112 opposed to: (1) uranium mining in Virginia, including the proposed Virginia Uranium
113 operation; (2) the elimination of the existing legislative moratorium on uranium mining,
114 and (3) any attempt to develop a regulatory framework for uranium mining.
115
116 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
117 BEACH, VIRGINIA:
118
119 That any study commissioned by or used by the Commonwealth of Virginia to
120 determine the feasibility of uranium mining in Virginia must include the following criteria:
121
122 (1) The study must thoroughly evaluate the risks, including those
123 resulting from a worst-case scenario as previously described, to
124 the citizens of Virginia and assess whether uranium mining and
125 milling in Virginia can be undertaken in a manner that will
126 completely safeguard the Commonwealth's environment, natural
127 and historic resources, agricultural lands, and the health and well-
128 being of its citizens;
129
130 (2) The entire study process must be open to the public and the press;
131
132 (3) The City of Virginia Beach and other potentially impacted
133 jurisdictions must be included as active participants in the study
134 process;
135
136 (4) The study must be conducted, and the conclusions of such study
137 shall be determined, by a group of qualified and impartial experts,
138 such as the National Academy of Sciences, who are completely
3
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
independent of the uranium mining industry, the nuclear power
industry, and any state commission that has assumed or been
charged with the responsibility for providing such a study;
(5) A peer review group that is independent of the VCEC and the
VCCER and includes adequate representation from environmental,
public health, water supply and water resource agencies, including
the Army Corps of Engineers, is established to monitor and critique
the study; and
(6) That the study must be adequately funded and under no deadline
for the completion of the study.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Clerk is hereby directed to transmit a certified copy of this
Resolution to each member and member-elect of the City's Congressional and General
Assembly Delegations.
Adopted by the City Council of the City of Virginia Beach on the _ day of _
,2008.
APPROVED AS TO CONTENT:
p~:/: /VI ~~
NCY:
City Attorney's Office
CA-10907
R-4
November 18, 2008
4
City <:>1 ~1rgirria Beach
V8~/V.cC)m
OFFICE OF THE CITY MANAGER
(757) 385-4242
FAX (7571427-5626
MUNICIPAl CENTER
BUILDING 1, ROOM 234
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23451;-9001
November 21, 2008
The Honorable Mayor Meyera Obemdorf
Members of City Council
Subject: Uranium Mining in the Roanoke River Basin Policy Report
Dear Mayor and Council Members:
Thomas Leahy, Director of Public Utilities is scheduled to provide a briefing Tuesday,
November 25, 2008, on the subject of potential uranium mining in the Roanoke River Basin,
upstream of Kerr Reservoir and Lake Gaston. I have enclosed a copy of a policy report on this
subject that has been reviewed and approved by the Water Task Force.
If you have any questions or concerns, please do not hesitate to contact me.
With Pride in Our City,
TMLIDLH/amg
cc: Bob Matthias, Assistant to the City Manager
David L. Hansen, Deputy City Manager
Tom Leahy, Director of Public Utilities
Policy Report
Uranium Mining in the Roanoke River Basin
Backaround: In the late 1970's, the Marline Uranium Corporation estimated it had discovered
30 million pounds of uranium in Pittsylvania County, VA potentially worth more than $1 billion.
However, by 1982, the price of processed uranium oxide (yellowcake) had declined to roughly
half of its 1978 price, and interest in mining the deposits waned. Three Mile Island and a number
of uranium mining mishaps had made the public aware of the potential health and environmental
hazards of nuclear power and uranium mining. In 1983, the Virginia General Assembly enacted
a statewide moratorium on uranium mining, which remains in effect today.
Until recently, there were no efforts to lift the moratorium because the price for uranium
yellowcake remained low. However, both the estimate of available ore in Pittsylvania County,
and the price of yellowcake have increased dramatically. The uranium deposits in Pittsylvania
County may be worth seven to ten billion dollars. Virginia Uranium, Inc. is conducting a public
relations campaign and lobbying the General Assembly to lift the moratorium on uranium mining
so that up to 100 million pounds of uranium can be mined from a location known as Cole's Hill.
During the 2008 General Assembly, S8525 was introduced to establish the Virginia Uranium
Mining Commission. The Commission's purpose was to advise the Governor and General
Assembly as to whether uranium mining in Virginia could be undertaken in a manner that would
protect the Commonwealth's citizens, environment, and natural resources. Opponents claimed
that the legislation failed to mandate an impartial scientific analysis, did not provide adequate
public input, and suggested a foregone conclusion. The legislation was modified to address
these concerns, but it was tabled by the House committee.
On November 6, 2008, the Virginia Coal and Energy Commission (VCEC) passed a motion
asking the Virginia Center for Coal and Energy Research (VCCER) to contract with the National
Academy of Sciences, or other comparable scientific or academic institution, to conduct a study
of the impact of uranium mining on the Commonwealth. The VCEC established a subcommittee
to oversee the study 1. The VCEC motion did not identify or provide a funding source.
Considerations: A uranium mine and mill is a combination of an open pit mine2, a milling
operation in which uranium ore/rock is pulverized, and a chemical plant which extracts small
J The VCCER is a university research center established at VPI&SU. Its advisory board is consists mostly of
representatives of the coal, energy and transportation industries, but no environmental resource agencies. The VCEC
subcommittee does not include any representation from the Roanoke River Basin.
2 Open-pit mining is the process most likely to be proposed for uranium mining in Pittsylvania County. There are other
processes but local conditions do not appear to favor or be consistent with the requirements of these other processes.
1 of 4
amounts of uranium from large amounts of ore. Huge volumes of highly mobile, radioactive,
sand and clay-like sediments known as mill tailings are a byproduct of the operation. They are
stored as slurries and sludge in ponds, and then ultimately as dewatered tailings piles, where
they retain 85% oftheir original radioactivity for hundreds ofthousands of years. Non-radioactive
earth and overburden in combination with clay and synthetic liners are used to construct dams
and caps, the purpose of which is to confine and immobilize these radioactive mill tailings.
A number of tailings pile/dam failures have occurred in the United States, Canada, and world-
wide, resulting in the release of radioactive particles and sediments to downstream surface
waters. Historically, many tailings piles were not properly confined (or confined at all), and in
many instances abandoned when the price of uranium declined. This resulted in radioactive
contamination of ground and surface waters, and in some cases, a legacy of environmental and
human tragedy. In the United States, the federal government had to step in to remediate these
environmental disasters. After three decades and billions of dollars, that work is still underway.
All of the open-pit uranium mines in the United States (and most in the world) are located in
areas with low rainfall and high evaporation - important factors for dewatering radioactive
slurries, and minimizing erosion and flooding. Virginia's climate is the opposite - high rainfall and
low evaporation. Virginia is subject to frequent tropical storms, hurricanes, and nor'easters,
some of which are devastating. A single storm in Virginia can produce more rainfall in a few
hours than the total annual precipitation of the arid states where the nation's uranium mines are
located. Virginia's climate has the capacity to cause massive erosion and structural damage to
tailings piles, dams, and caps while simultaneously providing long-distance, transport and
dispersal of the radioactive sediments throughout the downstream watershed.
Virginia Beach and Chesapeake own a raw water intake and pump station at Lake Gaston, in
Brunswick County, VA. Lake Gaston water is pumped to Norfolk's water reservoirs in Isle of
Wight and Suffolk. Subject to a contract, Norfolk delivers an equivalent amount of treated water
from the Moores Bridges Water Treatment Plant to Virginia Beach. Due to the interconnections
among the water utilities, Lake Gaston water is intermixed in all three city water supplies. During
the 2007-08 drought, the Gaston project provided about one-third of the total municipal water
demand in Southside Hampton Roads.
The primary concern to Virginia Beach and Southside Hampton Roads is contamination of Lake
Gaston if a storm similar to that which hit Nelson County, VA in 1969 (Hurricane Camille) or
Madison County , VA in 19953 were to fragment confinement cells and transport the radioactive
tailings downstream to Kerr Reservoir and Lake Gaston (see figure). The mining of the Cole's
Hill deposits alone would result in a dozen or more tailings confinement cells, each about twice
the footprint of Mount Trashmore (but lower in height depending upon how much could be placed
below grade)4. Each cell would contain roughly 2.5 million cubic yards (4 million tons) of
radioactive sediments. If all 100 million pounds of uranium were mined. the combined tailings
would equal 50 million tons, or about one-fifth of the current total national inventory.
The City's contract with Norfolk states that Virginia Beach must deliver water to Norfolk that is
treatable by Norfolk's existing water treatment plants. Norfolk's water treatment plants were not
3 These two storms produced 81 % and 86% of the maximum probable precipitation, respectively.
4 This estimate is based upon representations that about 100 million pounds of yellowcake would be produced at a rate of
three to four million pounds per year from raw ore containing 0.1% uranium oxide,
2 of 4
designed to remove radioactive substances, although they might remove some. Therefore, if
Kerr and Gaston were contaminated, depending upon the level ofthat contamination, the pipeline
might have to be shut down for an indefinite period of time. This is an unlikely event, but it is not
inconceivable and the consequences would be severe. A worst case scenario would include
abandonment of the Gaston project, termination of the water services contract (requiring the
payment of stranded capital costs), and the construction of a seawater desalination plant to
replace the abandoned water supply. The direct costs to Virginia Beach alone would be
substantially more than $500 million.
Representatives of Virginia Uranium do not dispute the environmental consequences of past
uranium mining practices. Instead, they indicate that uranium mining is now regulated by the
Nuclear Regulatory Commission (NRC) whose primary mission is to protect the public health, as
opposed to the Atomic Energy Commission (AEC), whose primary mission was to produce
uranium. They believe that this fact combined with modern methods of constructing uranium
tailings confinement cells will prevent any significant release of radioactive substances
downstream. There is some merit to this view - the AEC's historical stewardship of radioactive
tailings was abysmal and existing NRC regulations are a significant improvement.
Staff has not been able to identify examples of these new confinement cells located in areas that
have climate similar to Virginia's, or any that have ever been subject to the storm intensities that
occur in Virginia. Furthermore, NRC regulations may not be sufficient for Virginia's climate. For
example, with respect to radioactive tailings, NRC regulations require only that the mine operator
provide "reasonable assurance of control of radiological hazards to . . . be effective for 1,000
years, to the extent reasonablv achievable, and, in any case, for at least 200 years." 1 0 CFR
Part 40, Appendix A, emphasis added. However, Hurricane Camille caused the equivalent of
2,000 years of erosion in a single night, and the historical record is replete with instances of
mankind overestimating its ability to tame nature.
Alternatives: The alternatives are to 1) take no action, 2) support a study of uranium mining
impacts, 3) oppose a study, 4) oppose uranium mining and the lifting of the moratorium on
uranium mining altogether, or 5) some combination, thereof.
Taking no action would be tantamount to stating that the City does not oppose uranium mining
upstream of its primary water supply. This is not recommended due to the potentially
catastrophic impacts to Virginia Beach, Southside Hampton Roads, and the Roanoke Basin.
With respect to a study, the VCEC has appointed a steering subcommittee that has no
representation from the Roanoke River Basin, and has asked the VCCER, a university research
center with an advisory board made up mostly of representatives of the coal, energy and
transportation industries, to procure the study. No environmental, public health, or water supply
agencies have been included in the process, and no funding has been identified. In the early
1980's, the VCEC had formed a Uranium Subcommittee and Uranium Administrative Group
(US/UAG) to study the issue in response to the Marline proposals. In 1985, the US/UAG
overwhelmingly recommended moving forward with uranium mining in Virginia.
There is no disputing that historically, the uranium industry and its regulators had considerable
deficiencies which resulted in serious harm to people and the environment. These problems
occurred from the 1950's through the early 1980's when the industry literally shut down, and the
federal government had to step in to clean up the mess. Many of these environmental disasters
3 of 4
were related to the inability to properly manage water and water pollution. This is significant
because these failures occurred in arid states where water management is far less problematic
than in Virginia. It is this context in which the US/UAG advocated the precedent of establishing
uranium mining in a meteorologically wet state like Virginia. However, the General Assembly did
not agree. Neither did the Virginia Beach City Council, which passed two resolutions in 1985
calling first for an "indefinite moratorium" on uranium mining and second for a "permanent ban."
Although uranium mining upstream of its water supply will never be in the City's best interest, it is
inappropriate for the City to oppose proceedings that would expand knowledge of the issue.
Therefore, the City should not oppose a study of the impacts of uranium mining. If a study is to
proceed, the following criteria should be met: 1) Every facet of the study process must be open
to public scrutiny, 2) the study must be conducted by experts who are independent, impartial,
and qualified, 3) these experts must be provided adequate time and resources to accomplish the
study, 4) in conducting the study, these experts must be charged with placing the health, welfare
and safety of the public above all other considerations, and 5) a peer review group that is
independent of the VCEC and the VCCER and includes adequate representation from
environmental, public health, water supply and water resource agencies, including the Army
Corps of Engineers5 must be established to monitor and critique the study.
Recommendations: It is recommended that City Council adopt a resolution opposing uranium
mining in Virginia, opposing the lifting of the moratorium on uranium mining, and opposing any
attempt to develop a regulatory framework for uranium mining until it can be demonstrated to the
City's satisfaction that there will be no significant release of radioactive sediments downstream.
The City should not oppose a study of the impacts of uranium mining, as long as the criteria
described above are followed. If the Commonwealth does undertake or commission a study,
Virginia Beach should actively participate in the process with the goal of ensuring that the
process is thorough, accurate, impartial, transparent, and protective of the interests of Virginia
Beach, Southside Hampton Roads, and the Roanoke River Basin.
This policy repo~h" been reviewed by t
Prepared By: .JIl tnv'l aiJ 117
Director of Public Utilities
/1-20-08
Date
Reviewed By:
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D u City nager
Approved BY~ k., oe~
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5 The Anny Corps of Engineers is the federal water resource agency. It owns and operates Kerr Reservoir which is
downstream of the proposed uranium mining operation. Kerr Reservoir provides 93% of Lake Gaston's average inflow,
4 of 4
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Establish the Central Business District-Northeast Tax Increment
Financing District
MEETING DATE: December 2,2008
. Background: With its adoption of the Comprehensive Plan on November 4,
1997, City Council recognized the need to improve the overall form and quality of the
development within the Central Business District core area and transform undeveloped
or underdeveloped land into an attractive, high quality, intensive, pedestrian designed,
mixed-use town center. To facilitate development in this area, City Council established
the Central Business District-South Tax Increment Financing District on November 23,
1999 to help fund the City's participation in an agreement with a private developer. On
May 14, 2002 City Council established the Town Center Special Service District to
promote development and commerce in the Town Center and to help fund the operation
and maintenance costs of facilities and infrastructure in the project area. Today, a
decade later, Council's vision has come to fruition.
Development in the Town Center area continues. This has resulted in the need for
improvements to enhance pedestrian safety. Presently, there is included in the Capital
Improvement Program a pedestrian bridge to allow safe passage across Virginia Beach
Boulevard. Funding for this pedestrian bridge is contingent upon the finalization of a
public-private agreement. As a funding mechanism for construction and operating and
maintenance costs, the City proposes establishment of a new tax increment financing
district encompassing the Pembroke Mall Area, to be known as Central Business
District-Northeast.
Tax Increment Financing (TIF) is authorized under Sections 58.1-3245 through 58.1-
3245.5 of the Virginia State Code. TIF is a method of financing the costs of public
improvements in an area by putting any increase in real estate tax revenue reflecting
increased assessed value for that area in a special fund. The increase in real estate tax
assessments, known as a tax increment, is the value by which the current assessed
value of real estate exceeds the base assessed value (Le., the value of property in the
area before improvements were made).
. Considerations: The proposed development project area will be geographically
defined as that property located around and including the Pembroke Mall and outlying
area, starting at the intersection of Independence Boulevard and Jeanne Street
bounded on the north by the northernmost edge of Jeanne Street to its intersection with
Constitution Drive, and including properties between Corporation Lane and Paul Jones
Lane, bounded on the east side by Thalia Creek, bounded on the south side by Virginia
Beach Boulevard, and bounded on the west side by Independence Boulevard, up to its
intersection with Jeanne Street. A map of the TIF area is shown in "Exhibit A."
. Public Information: Public notice on the proposed Central Business District-
Northeast TIF has been published both the Sunday Beacon and Inside Business for
three consecutive weeks prior to its public hearing. A meeting to inform and solicit
comments from residents and business owners in the project area was held in Princess
Anne High School on November 24, 2008. A public hearing was held on November 25,
2008 in City Council Chamber.
. Alternatives: If the ordinance is not approved, there would be no specific
funding source for the Town Center Pedestrian Bridge project and other improvements
in the project area.
. Recommendations: Approval of an Ordinance to establish the Central
Business District-Northeast TIF.
. Attachments: Ordinance and TIF District map
Recommended Action: Approval of ordinance
Submitting Department/Agency: Management Services
City Manager~ IL ,'2t3~
1 AN ORDINANCE TO ESTABLISH THE CENTRAL
2 BUSINESS DISTRICT-NORTHEAST TAX INCREMENT
3 FINANCING DISTRICT
4
5 WHEREAS, the City of Virginia Beach (the "City") desires to undertake a
6 program involving the development of infrastructure and the construction of public
7 facilities and other municipal improvements in the Pembroke Mall Area of the City,
8 which will facilitate the development of a Central Business District in the City and thus
9 promote commerce and the prosperity of the citizens of Virginia Beach;
10
11 WHEREAS, as part of the undertaking of such a program, the Council of the City
12 (the "Council") desires to provide for all or part of the financing associated with the
13 public aspects of the development of a Central Business District in the northeastern part
14 of the Pembroke area of the City (the "Project") and such other public investment that is
15 consistent with the public purposes listed above by designating a development project
16 area and adopting tax increment financing therein, as provided by Code of Virginia 9
17 58.1-3245.2, which will permit the City to issue obligations or enter into development
18 project cost commitments that will be secured by tax increment revenues derived from
19 this development project area;
20
21 WHEREAS, pursuant to Code of Virginia 9 58.1-3245.4:1, such obligations or
22 development project cost commitments shall not be subject to the annual debt
23 limitations set forth in the City Charter; and
24
25 WHEREAS, the Council held a public hearing on November 25, 2008, on the
26 designation of a development project area in the Pembroke Mall area of the City and the
27 adoption of tax increment financing therein after notice as provide by Code of Virginia 9
28 58.1-3245.2 (B).
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 1. That a development project area (as defined in Code of Virginia 9 58.1-3245)
34 known as the Central Business District-Northeast District (the "District") is hereby
35 created and designated as such;
36 2. That the boundaries of the District shall include the area identified on a map
37 prepared by the City's Department of Information Technology and entitled "Central
38 Business District-Northeast," a copy of which has been filed with the City Clerk, and a
39 smaller copy of which is attached hereto as "Exhibit A";
40 3. That the Real Estate Assessor is directed, pursuant to Code of Virginia 9
41 58.1-3245.2 (A) (1), to record in the land book for FY 2009 and all succeeding years in
42 which tax increment financing is in effect in the District the base assessed value and the
43 current assessed value (each as defined in Code of Virginia 9 58.1-3245) of the real
44 estate within the District;
45 4. That to secure any obligations authorized and issued by the City Council in
46 the future or any development project cost commitments incurred by the City for the
47 construction or acquisition of infrastructure, public facilities and other improvements in
48 the District, the Director of Finance of the City is directed to allocate and pay, from real
49 estate taxes actually collected, the amount attributable to the increased assessed value
50 of the real estate within the District above the base assessed value of such real estate
51 (the "Tax Increment Revenues") into a special fund entitled "Central Business District-
52 Northeast Tax Increment Financing Fund" (the "Fund"), which is hereby authorized to be
53 created;
54 5. That the City Clerk is directed to send a copy of this ordinance to the Real
55 Estate Assessor and the Director of Finance of the City;
56 6. That the City Manager is hereby directed to transmit to the Real Estate
57 Assessor and the Director of Finance of the City all of the materials required by 9 58.1-
58 3245.3 of the Code of Virginia for the implementation of this ordinance;
59 7. The City Clerk is directed to make a copy of the ordinance continuously
60 available for inspection by the general publ'ic during normal business hours at the City
61 Clerk's office from the date of adoption hereof;
62 8. That the City Clerk, in collaboration with the City Attorney, is authorized and
63 directed to immediately file a certified copy of this ordinance with the Circuit Court of the
64 City of Virginia Beach; and
65 9. That this ordinance shall be in full force and effect on and from the date of its
66 adoption.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
APPROVED AS TO CONTENT:
~a~~~i~
APPROVED AS TO LEGAL
SUFFICIENCY:
~~---
Ci y Attorney' 0 ice
CA 10939
R-2
November 19, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Adjust the Boundary of the Central Business District-South Tax
Increment Financing District
MEETING DATE: December 2, 2008
. Background: On November 23, 1999, City Council established the Central
Business District-South Tax Increment Financing District to provide dedicated revenues
to finance a higher level of infrastructure improvements in what has become the Town
Center area. Development in this area has resulted in the need for additional
infrastructure improvements in the surrounding areas, including a pedestrian bridge. To
finance the improvements, City Council is proposing the establishment of a Central
Business District-Northeast TIF. To ensure that the pedestrian bridge is within the
boundaries of new CBD-Northeast TIF, the boundary of the CBD-South TIF must be
adjusted.
. Considerations: The northern boundary of the existing Central Business
District-South TIF will be adjusted from the middle of Virginia Beach Boulevard, down to
the zero lot line. A map showing the proposed change is shown as "Exhibit A." The
change will not have any impact on the financing of this TIF.
. Public Information: Public notice on the proposed boundary change for the
Central Business District-South TIF has been published in both the Sunday Beacon and
Inside Business for three consecutive weeks prior to its public hearing. A meeting to
inform and solicit comments from residents and business owners in the project area
was held in Princess Anne High School on November 24, 2008. A public hearing was
held on November 25,2008 in City Council Chamber.
. Alternatives: If the ordinance is not approved, the proposed pedestrian bridge
project will not be within the boundary of the new Central Business District-Northeast
TIF, and would have no identified funding source.
. Recommendations: Approval of an ordinance to adjust the boundary of the
Central Business District-South TIF.
. Attachments: Ordinance and TIF District map
Recommended Action: Approval of ordinance
Submitting Department/Agency: Management Services
City Manage. 1, k. ~
1 AN ORDINANCE TO ADJUST THE BOUNDARY OF THE
2 CENTRAL BUSINESS DISTRICT-SOUTH TAX
3 INCREMENT FINANCING DISTRICT
4
5 WHEREAS, to ensure that the proposed Pedestrian Bridge crossing Virginia
6 Beach Boulevard lies within the boundary of the new proposed Central Business
7 District-Northeast Tax Increment Financing project area, it is necessary to adjust the
8 northern boundary of the existing Central Business District-South Tax increment
9 Finance project area from the middle of Virginia Beach Boulevard, down to the zero lot
10 line, as shown on the map noted as "Exhibit A."
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
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15 That the northern boundary of the Central Business District-South Tax Increment
16 Financing District is adjusted from the middle of Virginia Beach Boulevard down to the
17 zero lot line as noted in "Exhibit A. II
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
, B~~,\f)--l~~ ~ _
Management Services ~ I ity Att rn y's e
CA 10937
R-1
November 18, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Virginia
Musical Theatre
MEETING DATE:
December 2,2008
. Background: Started in 1991, Virginia Musical Theatre (VMT) is a 501 (c}(3)
organization based in the City of Virginia Beach. VMT produced 62 separate shows at the
Pavilion Theatre until it was demolished in 2005. Due to the demolition of the Pavilion Theatre,
the Virginia Musical Theatre had to find a new home while the Sandler Center was under
construction. During these two seasons (2005-2006 and 2006-2007), VMT presented their
shows at the Contemporary Art Center's (CAG) theatre, which only seats 263. Since their
potential seating capacity was reduced from 1,000 seats at the Pavilion Theatre to 263 seats at
the CAC, VMT's earned income was dramatically decreased, thus creating a $75,000 roll-over
deficit at the end of FY07.
VMT was the single largest user of the Pavilion Theatre and the need to provide them, and the
other local groups, a new home drove the development and construction of the Sandler Center.
VMT's productions at the Sandler Center have been widely received by the community. During
its first season at the Sandler Center, VMT played to over 19,000 theatergoers, averaging
72.4% capacity for each show. VMT is by far the Sandler Center's most prolific tenant. In its
first season at the Sandler Center, VMT produced White Christmas, Miss Saigon, Titanic, and
Smokey Joe's Cafe. Total expenses at the Sandler Center for the 2007-2008 season totaled
$265,353. $70,773 is currently owed by VMT to the Sandler Center.
VMT's operational and production costs are different from other Virginia Beach-based arts
organizations. To mount Broadway-scale productions entail auditioning union actors from New
York and providing airfare and housing for the cast and production team (30 approximately for
every production); rental cars for local transportation; producing sets and scenery; and paying
orchestra musicians, backstage crew and stage technicians.
. Considerations: The Board of Directors has met numerous times over the past few
months to review their financial situation. They have taken immediate steps to reduce FY09
expenses and the Board has increased their fundraising goal by 5% through additional
sponsorships, annual giving campaign and three new fundraising events during the 2008-2009
season. Additional steps taken by VMT:
- Reduced their budget for AIDA in October 2008 by $20,000 and will continue to reduce all
upcoming production budgets by at least $20,000 to live within their means.
- Renegotiating their actors' union contract for the flexibility to use more local actors in their
productions, thus reducing costs.
- Restructured their Board of Directors to provide more direct oversight of spending and
finances.
- Moved offices to utilize free rent.
- Actively pursuing sponsorships and have implemented an annual giving fundraising campaign
to donors and subscribers.
In addition to these budget reductions and increased fundraising goals, there is an immediate
need for funding to alleviate their debt and assist with cash flow.
Due to the fact that VMT experienced financial hardships driven by the demolition of the Pavilion
Theatre, compounded with the increased costs for producing larger-scale Broadway shows at
the Sandler Center, the Board of Directors for VMT requested a loan from the City for $200,000.
The City proposes to issue a Promissory Note to VMT in the amount of $200,000. Pursuant to
the terms of the Promissory Note, the loan must be repaid by June 30, 2018. In the event that
the annual payments required pursuant to this Note are not current and paid in full by VMT to
the City by the dates set forth in the Promissory Note, VMT shall pay five percent (5%) interest
to the City on the balance due, calculated from the date the Note is executed by VMT. VMT
agrees to pledge its personal property as collateral to secure the Promissory Note. VMT agrees
that the City shall have a first priority lien on VMT's ticket sale revenue, profits, assets, personal
property, and trade fixtures.
. Public Information: Information will be disseminated through the normal Council
agenda process.
. Recommendation: Approval of ordinance
. Attachments: Ordinance; Promissory Note; Policy Report
Submitting Department/Agency: Office of Cultural Affairs
City Manage~ 'IL-:"Ct? trI""-
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AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
AN INTEREST-FREE LOAN TO THE VIRGINIA MUSICAL
THEATRE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
1. $200,000 is hereby appropriated from the fund balance of the General Fund
for an interest-free loan to the Virginia Musical Theatre '0 support
operational and productions costs, contingent upon execution of the
attached promissory note; and
2. This loan is to be repaid by the Virginia Musical Theatre over ten (10) years,
pursuant to the terms of the attached promissory note.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
,2008.
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
~-rl~
anag me t Services
). It- ~
City Attorn~'s Office
CA 10906
R-2
November 13, 2008
.
PROMISSORY NOTE
VIRGINIA MUSICAL THEATRE, INC.
Virginia Beach, Virginia
U.S. $200,000
December 2, 2008
FOR VALUE RECEIVED, the VIRGINIA MUSICAL THEATRE, INC. ("Musical
Theatre"), a Virginia non-profit corporation having an address of 228 N. Lynnhaven
Road, #114, Virginia Beach, Virginia, 23452, promises to pay to the order of the CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the
"City"), having an address of Finance Department, Municipal Center, Building One,
Virginia Beach, Virginia, 23456, the principal sum of TWO HUNDRED THOUSAND
AND 00/100 DOLLARS ($200,000), without interest, from the date hereof until paid.
A. Payments: Principal shall be payable as follows:
1. Continuing each year until paid in full, ten (10) installments of principal shall be
due and payable. No interest shall accrue on the principal, except as provided in
Section (A) (2). Such payments shall be:
1. $15,000 due on or before June 30, 2009;
2. $20,000 due on or before June 30, 2010;
3. $20,000 due on or before June 30,2011;
4. $20,000 due on or before June 30, 2012;
5. $20,000 due on or before June 30, 2013;
6. $21,000 due on or before June 30, 2014;
7. $21,000 due on or before June 30, 2015;
8. $21,000 due on or before June 30, 2016;
1
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9. $21,000 due on or before June 30, 2017;
10. $21,000 due on or before June 30, 2018.
2. In the event that the annual payments required pursuant to this Note are
not current and paid in full by Musical Theatre to the City by the dates set forth in
Section A (1) (1-10), Musical Theatre shall pay five percent (5%) interest to the City on
the balance due. If Musical Theatre is required to pay interest to the City, interest shall
be calculated from the date that this Note is executed by Musical Theatre.
3. Musical Theatre hereby represents that no lender or lienor has an interest
or lien on any of its Property (hereinafter defined). As such, Musical Theatre agrees
that the City shall have a first priority lien on Musical Theatre's ticket sale revenue,
profits, assets, personal property, and trade fixtures ("Property"). The City shall have
the right to file a UCC Financing Statement on the same.
4. To effectuate Section A (3) above, the Musical Theatre agrees to pledge
its personal property as collateral to secure this Note. The Musical Theatre shall provide
a comprehensive list of all Property to the City Department of Finance within ten (10)
days following the execution of this Note. The City shall have the right, at anytime
during which money is owed under this Note, to audit Musical Theatre's Property and/or
conduct an inspection of the same.
5. The Musical Theatre covenants and agrees to conduct fund raising efforts,
suitable to the City, which will provide revenues sufficient to meet its obligations
hereunder. The Musical Theatre also covenants to explore reducing its number of
productions and/or changing its operating model to reduce costs and improve net
revenues.
2
6. The Musical Theatre covenants to eliminate the debt that Musical Theatre
currently owes to Global Spectum, L.P. by June 30, 2009, and thereafter to remain
current on all debts arising from Musical Theatre's use of the Sandler Center for the
Performing Arts at Virginia Beach.
7. The Musical Theatre covenants to provide the City with quarterly status
reports on Musical Theatre's progress on fund raising and debt reduction. Quarterly
status reports shall be due to the City on January 1, April 1, July 1, and October 1 of
each year, beginning on January 1, 2009, and ending on April 1, 2018.
8. All payments on this Note shall be made by cashier's check, certified
check or by wire transfer to the account designated by the City Department of Finance.
B. Events of Default: The following are "Events of Default" hereunder:
(a) the failure to payor perform any obligation, liability or indebtedness of the
Musical Theatre to the City hereunder as and when due (whether upon demand, at
maturity or by acceleration);
(b) the commencement of a proceeding against the Musical Theatre for
dissolution or liquidation that is not dismissed within ninety (90) days after the Musical
Theatre shall have been duly served with notice of such matter;
(c) the voluntary or involuntary termination or dissolution of the Musical Theatre;
(d) a custodian, trustee, liquidator or receiver shall have been appointed by a
court of competent jurisdiction for all or any of the property of the Musical Theatre that is
material to its operations;
(e) an assignment for the benefit of creditors, or the filing of a petition for any
adjustment of indebtedness, composition or extension, by the Musical Theatre;
3
(f) the entry of a final, non-appealable judgment against the Musical Theatre in
an amount in excess of $200,000 that is not satisfied within thirty (30) days thereafter;
(g) the seizure or forfeiture of, or the issuance of any final writ of possession or
attachment, or any final turnover order for, property of the Musical Theatre without
which it is unable to operate; or
(h) the invalidation or failure of any covenant promised by Musical Theatre
hereunder.
C. Remedies UDon Default: Whenever an Event of Default shall have occurred under
this Note and be continuing beyond any applicable cure period, (a) the City may, at its
option, declare all sums payable hereunder immediately due and payable, in which case
the entire unpaid balance of the Note and any accrued interest thereon shall become
immediately due and payable and/or (b) the City may exercise any other remedy
available to it under applicable law, including, but not limited to, exercising its rights with
respect to its pre-existing lien on Musical Theatre's Property, which shall expressly
include off-setting obligations hereunder from ticket sales and other proceeds of Musical
Theatre, which may be executed by the City Treasurer's use of till tapping.
D. Confession of Judament: Musical Theatre (i) waives homestead exemption, (ii)
waives presentment, demand, protest and notice of every kind respecting this Note, (iii)
agrees that the City, at any time or times, without notice to or the consent of Musical
Theatre, may grant extensions of time, without limit as to the number or the aggregate
period of such extensions, for the payment of any principal or interest due hereon, and
(iv) to the extent not prohibited by law, waives the benefit of any defense, credit,
entitlement, counterclaim, law, rule of law, advantage or protection as an obligor
4
hereunder or providing for his or her release or discharge from liability hereon, in whole
or in part, on account of any facts or circumstances other than full and complete
payment of all amounts due hereunder, including, but not limited to, any laws or regula-
tions relating to (a) any implied duty of good faith or fair dealing under the Uniform
Commercial Code or otherwise, (b) Sections 49-25 and 49-26 of the Code of Virginia of
1950, as amended, or other statute, law or ruling which would require that City proceed
against or exhaust its remedies against Musical Theatre or security or requiring that City
pursue any remedy whatsoever, (c) the compromise of any claim against or release of
Musical Theatre or any security, (d) any right of subrogation, any right to enforce or
claim the benefit of any right or remedy of City against Musical Theatre or security, any
right as a third party beneficiary of any obligation or duty owed to City, (e) any prior,
contemporaneous or subsequent oral representations or oral modifications made by any
agent of City to Musical Theatre, (f) any claim of duress or undue influence, or (g) any
statute giving any person the right to require (or providing for his or her discharge in the
absence of) the institution of any suit hereon.
In the event (i) of a default in the payment of any principal, interest, or late fee
payable hereunder, (ii) of a default in the performance of or compliance with any of the
provisions in this Note, (iii) Musical Theatre is or becomes insolvent or makes any
assignment for the benefit of creditors, (iv) a petition is filed or any other proceeding is
commenced under the Federal Bankruptcy Code or any state insolvency statute by or
against Musical Theatre, (v) a receiver is appointed for Musical Theatre, (vi) of any
default by Musical Theatre hereunder, in any such event, the entire balance of principal
with all interest then accrued shall, at the option of the holder hereof, become
5
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. ...'"_."h _. ,~
immediately due and payable at which such time, City hereby appoints any attorney
employed by the City of Virginia Beach, as his attorney-in-fact for the sole purpose of
confessing judgment of and for all fees, including the City's reasonable attorney's fees,
due and payable by Musical Theatre under this Note. Such confession shall be made in
any court of competent jurisdiction in the City of Virginia Beach, Virginia and such
confession may be made at any time Musical Theatre is in default of this Note, at the
sole discretion of the City, without notice to Musical Theatre.
E. Non-Waiver: The failure at any time of the City to exercise any of its options or any
other rights hereunder shall not constitute a waiver thereof, nor shall it be a bar to the
exercise of any of its rights at a later date. All rights and remedies of the City shall be
cumulative and may be pursued singly, successively or together, at the option of the
City. The acceptance by the City of any partial payment shall not constitute a waiver of
any default or of any of the City's rights under this Note. No wavier of any of its rights
hereunder, and no modification or amendment of this Note, shall be deemed to be
made by the City unless the same shall be in writing, duly signed on behalf of the City.
Each such waiver shall apply only with respect to the specific instance involved, and
shall in no way impair the rights of the City or the obligations of the Musical Theatre to
the City in any other respect at any other time.
F. Applicable Law. Venue and Jurisdiction: This Note and the rights and obligations
of the Musical Theatre and the City hereunder shall be governed by and interpreted in
accordance with the laws of the Commonwealth of Virginia. Any litigation in connection
with or to enforce this Note shall be conducted in the courts of the City of Virginia
Beach, Virginia, and any objection as to venue in any such court is hereby waived.
6
G. Partial Invalidity: The unenforceability or invalidation of any provision of this Note
shall not affect the enforceability or validity of any other provision herein, and the
invalidity or unenforceability of any provision of this Note to any person or circumstance
shall not affect the enforceability or validity of such provision as it may apply to other
persons or circumstances.
H. Bindina Effect: This Note shall be binding upon and inure to the benefit of the
Musical Theatre and the City and their respective successors and assigns; provided,
however, that no obligations of the Musical Theatre hereunder can be assigned without
the prior written consent of the City.
I. Audit: The City shall have the right to audit all books and records (in whatever form
they may be kept, whether written, electronic, or other) kept by or under the control of
the Musical Theatre, including, but not limited to those kept by the Musical Theatre, its
employees, agents, assigns, successors and subcontractors. Musical Theatre shall
maintain its books and records, together with such supporting or underlying documents
and materials, for the duration of this Note and for at least three years following the
termination of this Note.
J. Preoayment: This Note may be prepaid in whole or in part without penalty. Any
such prepayments shall be applied to principal.
K. Authorization: The undersigned represents and warrants that he has full authority
of Musical Theatre to sign on its behalf and to bind Musical Theatre to the obligations
hereunder.
L. Indemnity: Musical Theatre hereby indemnifies and agrees to hold the City
harmless from and against any and all liability, costs, fees or expenses, arising directly
7
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or indirectly from Musical Theatre's execution of this Note or any obligation undertaken
by them hereunder.
WITNESS the following signature(s) and seal:
VIRGINIA MUSICAL THEATRE, INC.
By:
ATTEST:
8
President
Policy Re~ort
.
December 2, 2008
BACKGROUND
. Virginia Musical Theatre (VMT) is a 501 (c) 3 non-profit local arts organization, based in
Virginia Beach.
. VMT employs two full-time employees and has a 12-member Board, chaired by Margaret
Eure. (Board list is attached)
. It is the State of Virginia's only arts organization solely dedicated to the production of musical
theatre as a uniquely American art form.
· It is Virginia Beach's only professional performing arts organization.
. It operates under agreements with all unions governing theatrical productions.
Started in 1991, Virginia Musical Theatre (VMT) produced 62 productions at the Pavilion Theatre
which was demolished in 2005. Due to the demolition of the Pavilion Theatre, the Virginia Musical
Theatre had to find a new home while the Sandler Center was under construction. During these two
seasons (2005-2006 and 2006-2007), VMT presented their shows at the Contemporary Art Center's
(CAC) theatre, which only seats 263. Since their potential seating capacity was reduced from 1,000
seats (at Pavilion Theatre) to 263 seats at the CAC, their earned income was dramatically decreased,
thus creating a $75,000 roll-over deficit at the end of FY07.
VMT was the single largest user of the Pavilion Theatre and the need to provide them, and the other
local groups, a new home drove the development and construction of the Sandler Center.
VMT's productions at the Sandler Center have been widely received by the community. During its
first season at the Center, VMT played to over 19,000 theatergoers, averaging 72.4% capacity for
each show. VMT is by far the Sandler Center's most prolific tenant. In its first season at the Sandler
Center, VMT produced White Christmas, Miss Saigon, Titanic, and Smokey Joe's Cafe. Total
expenses at the Sandler Center to date totaled $290,049. Of this amount, $98,988 is currently owed
to the Sandler Center (including FY09 expenses). $76,371 was generated in admission taxes.
$38,679 was generated in facility fees. These amounts provide a total of $306,111 in monies returned
to the City. In addition, surveys show that of those who attend performances, 86% visit the area
restaurants and bars either before or after the productions. Given last season's attendance and an
average tab of $38 per person, the restaurant industry received in excess of $600,000 in revenue,
generating over $65,000 in meal taxes (figures provided by VMT).
Virginia Musical Theatre's operational and production costs are different from other Virginia Beach-
based arts organizations. To mount Broadway-scale productions entail auditioning union actors from
New York and providing airfare and housing for the cast and production team (approximately 30 for
every production), rental cars for local transportation, producing sets and scenery, paying orchestra
musicians, backstage crew and stage technicians.
For the cultural growth of the City and the prosperity of the Sandler Center, it is important that the
Virginia Musical Theatre continues as one of the City's leading arts groups.
1
The VMT 2008-2009 Season performances include:
Elton John's AIDA: October 24 - 26,2008 (total attendance: 3,127)
Debbie Reynolds: December 5 - 7, 2008
Ballroom: February 6 - 8, 2009
Always.. .Patsy Cline: March 20 - 22, 2009
West Side Story: May 1 - 3, 2009
CONSIDERATIONS
Due to the fact that VMT experienced financial hardships driven by the demolition of the Pavilion
Theatre, compounded with the increased costs for producing larger-scale Broadway shows at the
Sandler Center than in previous seasons, the Board of Directors for Virginia Musical Theatre has
requested a loan from the City for $200,000 to help alleviate the debt and provide adequate cash flow
for this season.
The Board of Directors has met numerous times over the past few months to review the financial
situation. The Board has taken immediate steps to reduce FY09 expenses and has increased its
fundraising goal by 5% through additional sponsorships, an annual giving campaign and has also
instituted three new fundraising events during the 2008-2009 season. Despite these budget
reductions and increased fundraising goals, there is an immediate need for funding to alleviate their
current debt and assist with cash flow.
Financial Overview:
FY08 Deficit: $171,536 to vendors (including Sandler Center)
FY09 Revenues: $1,243,125.00 (includes requested $200,000 loan from City)
Expenses: $1,204,563.48
Net Surplus: $38,561.52 (if $200,000 loan is provided by City)
Board of Directors Actions Taken:
· Board of Directors' reduced FY09 expenses and increased fundraising goal. According to the
most recent budget (with the proposed $200,000 loan), VMT expects to have a surplus of
$38,561.52 at the end of FY09.
· Board of Directors has projected increased fund raising by 5% through additional sponsorships,
annual giving campaign and the following three fundraising events during the 2008-2009
Season:
Red Carpet Gala at Town Center City Club: October 18, 2008
Net Revenue: $15,000.
Debbie Reynolds in concert at the Sandler Center: December 5-7, 2008
Estimated Net Revenue: $69,000
Silent Auction: May 1-3, 2009
Estimated Net Revenue: $10,000
· Reduced their budget for AIDA in October 2008 by $20,000 and will continue to reduce all
upcoming production budgets by at least $20,000 to live within their means.
· VMT has renegotiated the actors' union contract to reduce the number of union actors it must
hire for productions, in return reducing production costs.
· Sandler Center staff have reviewed each line item with VMT and explored ways to reduce
costs such as:
2
OFFICERS & BOARD MEMBERS OF VIRGINIA MUSICAL THEATRE
MARGARET EURE
president
President/Margaret l. Eure Consultants
1400 Haywick Terrace
Chesapeake, VA 23322
204-4747/285-9426 cell / 204-4744 fax
eurelady@cox.net
JOHN LANGLOIS
Board Member
President & CEO/Tele-Video Productions, Inc.
Pembroke 3 - Suite 144
Virginia Beach, VA 23462
499- 7202
john@televideoproductions.com
MARK BATZEL, MSFS, AEP, CFBS
First Vice President
Partner/The Summit Group of Virginia
5041 Corporate Woods Dr.
Virginia Beach, VA 23452
499-8300
mbatzel@summitgroupva.com
BARBARA LEWIS
Soard Member
PresidenVThe Town Center City Club
232 Center Drive #230
Virginia Beach, VA 23462
490-8317 / 961-4494 fax
nikkiland60@vahoo,com
DESIREE MITCHELL
Secretary
Adm inistrator/Marian Manor
429 W. Farmington Rd.
Virginia Beach, VA 23454
340-7466/456-5018
desiree@marian-manor.com
MAC RAWLS
Board Member
Founding Exec. DirNirginia Museum Science Center
612 Thalia Drive
Virginia Beach, VA 23452
463-2423/647-3435 cell
macrawls@cox.net
NANCY CREECH
Second Vice President
1068 Collection Creek Way
Virginia Beach, VA 23454
498-0215/498-1355 fax
nac@neptunefestival.com
STEPHEN G. TEST
Board Member
PartnerlWilliams Mullen
222 Central Park Avenue, Suite 1700
Virginia Beach, VA 23462
473-5324 / 358-5324 cell
stest@williamsmullen.com
ROSALYN AUGUST
Secretary
Owner/Diamond & Jewelry Exchange
4004 Atlantic Avenue #901
Virginia Beach, VA 23451
425-8699 / 285-0379
djexchange@aol.com
EXECUTIVE ADVISORY BOARD
FRANK BAlIEN, JR.
Chairman/Landmark Communications
J. MORGAN DAVIS
PresidenVTowne Financial Group
JOAN BRYAN
Treasurer
Senior V.P., Private BankingITowneBank
297 Constitution Dr.
Virginia Beach, VA 23462
473-2533/621-2121 cell
ioan.brvan@townebank.net
MICHAEL DUDLEY
President & CEO/Ootima Health Plan
LAWRENCE GOLDRICH
Chairman/Larrymore Corp.
NORMAN HOFFMANN
Executive V.P. & CFO/Dominion Enterprises, Retired
ROBIN HARVEY, CPA
Board Member
CPAlDesRoches & Co.
Reflections II, Suite 200
200 Golden Oak Ct
Virginia Beach, VA 23452
robin@desrochesoas.com
THE HONORABLE MEYERA OBERNDORF
Mayor/City of Virginia Beach
STEPHEN TOBIAS
Vice Chairman & COO/Norfolk Southem Corporation
ADMINISTRATIVE STAFF
JUDY JEWELL
Soard Member
Director of Operations/Dominion Enterprises
2853 Saville Garden Way
Virginia Beach, VA 23453
351-8038
jgem @cox.net
JEFF MEREDITH
Executive Producing Director
MARK HUDGINS
Managing Director
BRIAN MARSHALL
Production Manager
MARY BLAIR
Administrative Assistant / Group Sales Leader
7
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Mayor and Members of City Council
City of Virginia Beach
2401 Courthouse Dr.
Virginia Beach, VA 23456
Dear Mayor and Members of City Council:
The Virginia Beach Arts and Humanities Commission would like to take
the opportunity to write in support of the Virginia Musical Theatre.
In existence since 1991, the Virginia Musical Theatre is Virginia Beach's
only professional performing arts organization and the single largest user
of the Sandler Center. The organization makes an invaluable contribution
to the City as a cultural resource but as a revenue generator. Virginia
Musical Theatre returned $66,413 in admission taxes to the City last year
as well as the restaurant tax revenue generated by its patrons. For the
cultural growth of the City and the prosperity of the Sandler Center, it is
important that the Virginia Musical Theatre continues as one of the City's
leading arts groups.
Due to the fact that Virginia Musical Theatre experienced financial
hardships driven by the demolition of the Pavilion Theatre, compounded
with the increased costs for producing larger-scale Broadway shows at the
Sandler Center than in previous seasons, the Commission encourages the
City to work out a favorable resolution to their financial hardship.
Thank you for your consideration.
Sincerely,
Members of the Virginia Beach Arts and Humanities Commission
",
MCCCtRMICK& SCHMICK.S
-
SEAF()OD
RESTAURANT
November 24,2008
The City of Virginia Beach
Virginl8 Beach. VA
Honorable Ladles and Gentl.",en,
At McCormick & Schmid<'s, \\8 are approaching our first year anniversary of operation in TO'Im Center,
and lookinU forNard to an elCC ling, and energized Holiday Season. We rvmain potiltlve and cJptimldc
during these difficult times, thut we have made a great choice in being a part of the Virginia ~ach
community. M.ny things contribute to an all-round package of entertainm.nt, whidl include II variety of
eholce8, whether, food. movies. late evening venues. shopping. and of course. theater, The :Sandler
Cen.r is our crown jewel.
Ewrydey. I am speeki'lg to QJt gueslI. some of !hose for the llrst time. others that are r&gulsr&, aaM juat for
thole IpeciII occaIione. In 'm&r1wtIng' we call it.Grandmother R..-an;h' or jU8t plain old 'chit-<:h8l':
. W1at brought you hunt? Whent are you going next? E.g. Movies, Funny Boll., Keeg."s,
SsndIer.
. What do you like ab:)ut Town Center? Safe, free parlcJng, tots to do, qUtJlity flVlints, gtP.at
prtoN food and theater tickets compa18d to other CltteS.
. \Nhere do you live? lO% out of state, 20% VifrJinls Beach, but 60% Hampton Ro.hl ilrea!!!
. VVhy corne here? W. are centrally Iocillfldll/! (location, location, location) 00" Is .'If to meUll
at Town Center, our friends, relatNes, business partners end associates or contacm.
The different organiZatiOns who perform at the sandi.,. Center make this area what it is, and what it ie
deslinecl to bec:ome...cnly because this gem Is still somewhat of a secret...but onc;e you have
att8nded, you are "hooked" (sony about the pun, but we al8 'seafood')
The feedback , receive is 10<'% positive... yet Town Center as a microcosm is still unknown to far too
many; tlowever, this IS changi"g rapidly with every event. as more and more exp!or-. what is available.
The Virginia Musical Theatet is an outstanding quality group, and after having lived In 22 difl'eront
communities over the last 4(1 year.l, I can truly say that what they ofYer, is . great eX8lT'pfe of the
erIergy, enthusiaSm and encouragement, !hat brought my family here in the first place.
The entertainment they provide appeals to all. and they provide a value also, espec:ialy now.
On behelf of my 6 managers ilnd 80 employees. the m8jOrity who make Vrglnia Beach their home, we
encourlge you to continue to provide your support. both financial and logIStical, for the Virginia MUllcIII
Theeter, Your investments wiN 1M terrlftc results in the y..rs to come.
Hospitably Youre,
Jim Rooney, General Manager
Th~ Tuwn C~I1IC'- Ilf VirlZinia BC'll",h · :! II !v1urkC'1 SlIl.:l:l · Virginia 8l:ill:h. VA 2.'4t1~ · 17~71 Ml7.KfllCtI . ""\X 17 lj"f', ()~7 !U"1
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November 24, ::008
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Honurablc Mc)'cra A. Oberndorf
And the Virginia Bcach City Council
City Hall
2401 Courthou:;c Dr" Suil\.: 281
Municipal Center, Bldg. I
Virainla Beach VA 23456
Dcar Mayor Obemdorf and the Honorable Cit)' Council:
Please accept this letter as one of support for the Virginia \-lusical rheatre and the work they are
accomplishing for lhe good of Virginia Belich llnd allo( Ilampton Roads.
As the Managins UircClor of Vir~inill Stage Compan) Clnd 1.1 profes~jonal theater manager for the
past twenty-eiiht years, I can personal I)' attesllo thl.: immense value an organization like the
Virginia Musical Theatn: brina'i to a community's quality of life - 3S well as their economic helllth.
In thc lighl of Virginia Musical Theatre's highly entertaining stage productions it is easy to lose sight
ofthc cumulativc economic impact a major arts orllanil3tion can bring to a City throu8h their patron's
illdmi.sion taxes, restaurant and shopping spending and meal/bar taxe!;, the money paid hy the
oraanization to a City-owned thealer lacility, the mane)' paid by the organizlltion to local businesses
and salaric~ paid to it.. staff. who an; also citizens of Virginia BellCh.
In the case of Virginia SWie (.,)mpany at the Wells Theatre. over the last three years alone we
have gcnerated nearly $100,001) in Direct Fiscal Impact and over $5 million in Direct Ec:onomi,
Impact for the City of Norfolk. And this does not take into account our Education and Outreach
proHramli that reach over 40,000 students annually - over 30% of which are from Virainia Beach,
It is .150 the case that allendan,;e and SUppol1 of the arts is a tJiscrctionary spendini activity. and
whenevcr the public looses cor,fiden,,:!,: in lhl:ir economic siruation they will cut back on their
spending for the arts. Thill is the.: time when Cit> leadership and foresight is most critical to help
sustain the arts so that their contributions to the City'~ quality of lite continue and its future
economic: c:ontribution~ to the City arc insured.
I respectfully urge you and the City of Virginia Beach take the necessary steps to support
the Virginia Musical Theatre t<I help sustain their operations through this unprecedented economic
downturn.
Sincerely.
~
Keith Stavll
;\1anaging Director
Virginia Stage Company
POBox 37'l0. Norfolk, Virginia 23514 . Phone (757) 62-:".6988 . Fax (737) 62R-5!J58. WW\\I,\'Rsl'I#ll'.CClm
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,.V~~ VIRGINIA S'l AGE COMPANY AT Till:: WELLS THF.ATRE
\..~ 2005-06.1006-07 and 2007-08 SEASONS
......-.. 11- CITY OF NORFOLK [CONOMIC IMPACT SUMMARY
(lVOI': '"~ JIlt. ftHIr mont"J 0/ ,Ie,. ZOO 7-08 fb('u' Y'-'" tlnd jim" two Prodll'1lonJ II" nll"",/~/)
Value of three yean waived rent at W<<:11a Theatre = 5127.260
Eiahtecn productions wilh a total of luur hundretl c:lc~cn puhlic perlormances
plus a total oftifty-s~"l.:n special Studl.:nl Matinee l'erform.tnl.:cS
Total paid adult attendancc
Total comp adult attendance
TOTAL WELLS THEATRE ADULT I\TTcNOANCE
123,775
20.080
143.H55
Dinct t'lltll'lmpaet for thl: City 01 Norfolk
Admission Tax
Parking Revenue - Company sta1f/artisb
Parkinl Revenue - Palrons (divided by 2.5)
Bar/Concession Commission pai.j to City
TickctM.srer rebate paid to City
FoodlHeveraac Sales Tax. paid ';0 City by VSC
FoodIBevcraac Sales Tax - Plltrons*
Retail Sales Tax - Patrons*
Lodiina Tax - Company staff/aM ists
Lodging Tax - Patl"Ol1s*
Total Direct Fllcallmpac:t
123.775
57.542
$4.00
$1.757.908
5322.235
$17.781
5276,202
7.5%
1%
8%
8%
Direct Ecunumic Itnpad for the City of Norfolk
Restaurant Spending - I'atruns.
Retail spend ins - Patrons'"
Hotel spending - Company & Palrons"
Company statT/artists/crew salaries & fees paid to Norfolk residents 145
Advertiainl expenditures to Nonolk companies
Total Dlnet Economic Impad
.NtJI,: From the 2003 H. Bloun: Hunter analysis for the Norfolk Commission on lhe
Arts & Humanities. the average per patron spending by the patrons of the "Largc Audience"
Orsaniutions intludinl Virginir Stase Company was:
Food spending S 12.22
Retail spending 52.24
Lo(hzinsr soendimz S 1.92
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$131.260
$.48,616
5230.168
S 10.1 53
$5.271
$6,994
$131.843
53.222
$ t ,422
$22,096
5697 .tN,
SI.7~7.908
5311.235
$2~13.Q83
52.542,703
$206,006
55,112,835
,.
'10" 2.. 08 02: 18t- _..2.!::!.'_~I~~L~.~.!!.d". Ga11eeM. J52.753-07"IU
lit. I
'fo~embor 22. 20<lS
To Viraiaia Snch City COWICit
Fint of aU, 1 would like to thank you for )'our dedicated MrYicc: to our ~onderfW city. r
have lived in Virginia Be&I:h all my life and have been "cry involved in the arts
specifically with Virpnia Musical Theatre lWf the Uovemor's School fo, die AnI
praducinto pcrformq, dil~tine and musi<:olly directing shows 81 the VirPnia Beedl
Pavilion Tbeatre and now &t the Sandler Center.
Vlraiuia Mwdcal Theatre hI.! provided a IP"Nt ~rvice to our conunW1i1y by producinH
~ muslea1 tbe8Irc. employing actors both locally aod &om N'c:w York.
contribuq economically throulh adrnluiOfl taxes, J'e!taurants. car rental.!, cast housins;
providfn. a uaillina at'our.ct UKI educational experience$ fur younl arti5ts both ~
aad OnsYF. In fut:, the Governor', School (or the .~ts has ra;tmical and perf'0IIIWIC:C
ina.cmships with V.irainie.\{usicaJ '.beetre that afford studeots DD1JI"dMd oppomait1es to
work with equity actors, fterfonn within a pro!ic:lIsiull8.l fralne work of sc:enic, Uahtlng.
COINI'De ad !OUDd dcsiaflen aoO to work with pl"ofessional directors and choreographers
rro.n New York.
Thean is. subject widely SlUdicd in tchools and unh'ersities. and provides. model for
thouaht in philOtophy, sociology, and euucation. Theatre is an illstincti\'C source of
picaure and the Jl\NIU of explorotion. affinnation and persuuion: It provides a slaared
expcrieDCe in which Pe1'llJDl1 md social c!dSlcooc can be dcfided and ~flned.. YClt. at
the -.ra. time, ~rc il.dsc under ~ilt. In this time of re<:eJBJOIJ It is accounted as Ii
labor-intensive industl)t, find lhelef.,~ cxpeuive and difficult to develop. Theadns, a~
wtll. III the IIU, relies on Inj~tioDS of publiC moDeY for its survi'\lal. especially in
acoaomlc ttm. JUCb II tbege.
1 implore city counc:iJ 1'-. approve the loan which has *n proposed It! enable Viremia
Musical Theme to navipte this difficult .oonomic time. VMT is . vital part of tho
VirIInI- BacIa community IIld needs to be supponcd by ow clt)'. Tho)' have terVed dUa
c:ommumty for J 7 yats IDd 1 totally support thia endeavor ad ask your serie"lI
conllderatioo 01 this matter. We can not let VMT luccumb durinl this eecmomic crisi.,
i'hMk you for your sUJJI'ort IInd ...-vI" 10 our community.
Sincerely,
(!tp
ChipOal
~I irc:le
Virpma Beach. V A 234S~
751-S1~124
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[ ARMADA HOfflER J
/II 1 ~ II I I D T 1\ t I " I
~ovember 19. 1008
City Council Members
City orVirginia Beach
VIrginia Beach, VA 23456
RE: The Virllinia Musical Theatre
To the Honorable Council Members of the Cily of Virginia Beach:
We proudly supportlh&: VirBinia Musical I'healre and are pleased Ihatlht:y arc a resident
company ",I the.; Sandler Center for the Perfol111ing Art~, here in Town Center. This
professional theater group which makes its home in Vir~inia Beach hus brouHhttop
4ualit)' arts cntenaimnent to our cili/,tms and lholle.: in lht: surrounding communit)' tor
many years. It helps 10 makl~ the Town Center a vibrant destination ilnd contributes 10 its
SUCCtlSS. a goal which our cO:llpany shares wilh the City Council.
The Sandler C&:nler for the Pcrfonnill~ AI1s is thejcwcl ill the City's crown orarls
orHani"alions. It brinis together dance, theater. art and cUITenl events prog"GllIlI1irraf. ISII
ofwhi<:h serve (0 enrich Ihl.: liv<.:s of our cItizens and make VirH;lIia Bca<<.:h a ~~)fnmuni(y
ofchoice. We bc:lieve it is ill the best interest of tile City lhal the Sandler Center for the
Perfonning Arts continue to succeed and that the Virgmia MUSical Theatre continue to he
a pan of that success.
(r(VL
Anthony P. ~ero, President
~
222 CUll II Park hllue, hire lilt Virgini, 8..c~. VA 11t1l
Phil: 1757) 311.4000 fll' usn 523.0112 www lfIIudihtlfltr ca.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Compensation
Board
MEETING DATE: December 2,2008
. Background: The Clerk of the Circuit Court receives funding for technology by
assessing Court fees. The State Compensation Board requires the City to appropriate
the funding for the Clerk's Office technology funds. The City is reimbursed from the
State for purchases and/or ongoing system maintenance fees made for technology
purposes. For FY 2008-09, the Clerk's Office has been approved for $430,314 in
funding from the Technology Trust Fund.
. Considerations: This appropriation will not require any matching funds from the
City. The appropriation gives the Clerk's Office the ability to spend the funds with State
revenue offsetting the appropriation.
This funding will support their Case Management System, computer equipment and
installation, annual software maintenance for the Case Management System, a software
change order, scanner and annual software maintenance on the Land Records System.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Clerk of the Circuit Court
City Manager~ l.'G3~
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE VIRGINIA COMPENSATION BOARD
3
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7
8 1. That $430,314 in state reimbursements from the Virginia Compensation
9 Board is hereby accepted and appropriated to the Clerk of the Circuit Court's
10 FY 2008-09 Technology Trust Fund.
11
12 2. That state revenues are increased accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
J)~~.~
Management Services
APPROVED AS TO LEGAL
SUFF NCY:
CA 10938
R-2
November 19, 2008
I I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds from the U.S. Department of
Homeland Security
MEETING DATE: December 2,2008
. Background: The Citizen Corps Council (CCC) and Community Emergency
Response Team (CERT) programs were established in the summer of 2002 as part of
the Homeland Security initiative. The local CCC is a committee supporting the CERT
project, the Medical Reserve Corps and the Neighborhood Watch program. These
projects utilize volunteers as their primary workforces and interact with various City
departments.
The CERT utilizes local volunteers to support community emergency preparedness
efforts and provide basic emergency intervention. The use of CERT volunteers during
Hurricane Isabel in September of 2003 was widely applauded as an effective extension
of City services. CERT volunteers offer residents assistance to prepare for and deal
with the effects of a disaster. The ongoing disasters created by Hurricane Katrina and
Rita are visible examples of events that utilize extensive CERT resources.
. Considerations: This grant is awarded by the U.S. Department of Homeland
Security via the Virginia Department of Emergency Management. This grant provides
funding to continue the Virginia Beach CCC and CERT programs for a sixth year. The
two focus areas of this grant in the sixth year of operation will be: 1. the maintenance of
the CERT program, which includes training of an additional 100+ volunteers and
maintaining the certification of the existing 500+ volunteers; and 2. continued
development of the CCC including establishment of a Speaker's Bureau to keep the
message of emergency preparedness alive in the public, and to raise awareness in the
business community as well as develop partners and resources.
. Public Information: Public Information will be handled through the normal
council agenda process.
. Attachments: Ordinance and Grant Award Documents
Recommended Action: Approve ordinance.
Submitting Department/Agency: Fire Department
City Manager:~ k .OBl'i1L
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE U.S. DEPARTMENT OF
3 HOMELAND SECURITY
4
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1) Funds are hereby accepted from the U.S. Department of Homeland Security
10 via the Virginia Department of Emergency Management in the amount of
11 $47,900 with estimated federal revenues increased accordingly.
12
13 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department
14 to cover costs associated with the Citizen Corps Council and Community
15 Emergency Response Team programs are hereby increased by $47,900.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Requires an affirmative vote by a majority of all member of the City Council.
Approved as to Content
Approved as to Legal Sufficiency
Management Services
~--
ity ey's Office
B0~ CL ~~
CA 10935
R-2
November 17, 2008
II
MICHAEL M CLINE
State Coordinator
COMMONWEALTH of VIRGINIA
Department (~fEmergenc.v l\fanagement
1 050~ Trade Cour.
Richmond. Virginia 23236-3713
(604) 897-65CC
(TOO) 674-2417
FAX (804\ 897-6506
JANET L. CLEMENTS
Deputy Coordinator
BRETT A. BURDICK
Deputy Coordinator
October 29,2008
" -'"
~
'.
Mr. James K. Spore
City Manager
Virginia Beach City
Municipal Center, Building I
Virginia Beach, VA 23456
Dear Mr. Spore:
Weare pleased to inform you that the Virginia Beach City has been awarded funds in the
amount of $47,900.00 from the 2007 State Homeland Security Program Grant, (CFDA # 97.073)
from the National Preparedness Directorate (NPD), United States Department of Homeland
Security (DHS) and administered by the Commonwealth for the Citizens Preparedness Project.
A revised budget will be required equal to the award amount. A copy of the budget forms
can be found at: http://www.vacmcnrcncy.com/(!rants/CCP2007iFY07CCPItemizedBudg.et.xls
Included in this package of particular importance is the Certification of Compliance, and
Special Conditions, for your signature. It certifies you have read and understand Federal and
State terms and conditions associated with accepting the grant. These forms and any others listed
on the Certification of Compliance not included with your initial grant application need to be
sent in within 30 days. No requests for funds will be processed until all forms and the revised
budget is received by VDEM.
The Commonwealth will send grant funds to a sub-grantee on a reimbursement basis for
allowable expenditures. To request funds, use the attached "Request for Funds" form. This form
can also be found at:
http://ww\v.vaemcr!l.cncv.comigrams/forms/RcqucstforFundsProicctExpenditurc 1\1 EW .xls. You
are required to attach invoices that reflect your spending plan (revised budget).
The end of the program period is June 30, 2010, for obligation purposes and September
30, 20 I 0, to complete expenditures and finalize the close out reporting process. During this
program period, all subgrantees are required to submit quarterly progress reports. This form can
be found at http://www.vaemen!cncv.com/grants/fomls/Progress Report.doc.
"Working to Protect People. Prope"~I' ami Our Communitie.\'"
Mr. Spore
Page 2
October 29,2008
Grant recipients will be monitored periodically by VDEM and/or NPD to ensure that the
program goals, objectives, timelines, budgets, and other related program criteria are being met.
Monitoring will be accomplished through a combination of office-based and on-site monitoring
visits. Monitoring will involve the review and analysis of the financial, programmatic and
administrative as well as other issues relative to each program, and will identify areas where
technical assistance and other support may be needed. Subgrantees may be required to submit a
special progress report in addition to the quarterly reports if the Commonwealth deems
necessary. This award is subject to all administrative and financial requirements, including the
timely submission of all financial/programmatic r~ports and adhering to the Special Conditions.
Should you not adhere to these requirements, you will be in violation ofthe terms of this
agreement and the award will be subject to termination and reallocated.
If you have any questions regarding this award, please contact the VDEM grant specialist
for your region at (804) 897-6500.
Sincerely,
/1?~ ;11c~
Michael M. Cline
c: The Honorable Robert P. Crouch, Jr., Assistant to the Governor for Commonwealth
Preparedness
The Honorable John Marshall, Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator for Emergency Management
Mr. Brett Burdick, Deputy State Coordinator for Administration
Mrs. Susan Mongold, Grants Coordinator
Ms. Cheryl Adkins, Grant Manager
Attachments
MMC/ms
"Workinx to Protect People, Pmper~I' amI Our Communities"
II
October 29,2008
FISCAL YEAR 2007 STATE HOMELAND SECURITY PROGRAM GRANT
SUB GRANT A WARD & CERTIFICATION OF COMPLIANCE
Subgramee:
Virginia Beach City
Citizen Preparedness
As the duly authorized representative of the above listed organization, I hereby accept the
subgrant award and certify that I have read and understand the terms and conditions presented in
the following documents:
FY 2007 STATE HOMELAND SECURITY PROGRAM GRANT:
http://www .oip.usdoj.gov/odp/docs/fv07 hS2P 2uidance.pdf
Special Conditions
Non-Supplanting Certification
Grant Assurances
Certification Regarding Lobbying
VDEM Grant Application
Print Name
Print Title
Signature
Date
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth by the Commonwealth of
Virginia and the Office of Grants and Training.
2. The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds
for homeland security preparedness.
3. The recipients agrees that the use of funds under this grant will be in accordance with the Fiscal Year 2007 Homeland
Security Grant Program Guidelines and must support the goals and objectives included in the State Homeland Security
Strategy.
4. The recipient must submit a Quarterly Progress Report. Failure to provide this information may result in VDEM
withholding grant funds from further obligation and expenditure.
5. The recipient agrees that all publications created with funding under this grant shall prominently contain the following
statement: "This Document was prepared under a grant from the Office of Grants & Training (G&T), United States
Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do
not necessarily represent the official position or policies of G&T or the U.S. Department of Homeland Security".
6. The recipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as
follows: "Purchased with funds provided by the U.S. Department of Homeland Security."
7, The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection
requests, inc1uding, but limited to, the provision of any information required for the assessment or evaluation of any
activities within this project.
8. Approval of this award does not indicate approval of any consultant rate in excess of$450.00 per day. A detailed
justification must be submitted to and approved by G&T prior to obligation or expenditure of such funds.
9. Drawdown of Funds: Subrecipients may elect to drawdown funds up to 120 days prior to expenditure/disbursement.
However, the Commonwealth strongly encourages recipients to drawdown funds as close to expenditure as possible to
avoid accruing interest. Funds received by sub recipients must be placed in a interest-bearing account and are subject to
the rules outlined in the Uniform Rule 6 CFR part 9, New Restrictions on Lobbying, and the Uniform Rule 28 CFR Part
70, Uniform Administrative Requirement for Grants and Agreements (Including Subawards) with Institutions ofIligher
Education, Hospitals and other Non-profit Organizations, at http://www.!!poaccess.!!OV/Cfr'index.htllll.
These guidelines state that sub recipients are required to promptly, but at least quarterly, remit interest earned on advances
to:
United States Department of Health and Human Services
Division of Payments Management Services
PO Box 6021
Rockville, MD 20852
Copies of all remittances must be sent to VDEM. Subrecipients may keep interest amounts up to $100 per year for
administrative expenses for all federal grants combined. Subrecipients are subject to the interest requirements of the Cash
Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205. Interest under CMIA will
accrue from the time federal funds are credited to the account until the time the funds are paid.
Name
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CITY OF VIRGINIA BEACH
AGENDA ITEM
"
~
ITEM: An Ordinance to Appropriate Funds from the U.S. Department of Justice to the
FY 2008-09 Sheriff Special Revenue Fund
MEETING DATE: December 2,2008
. Background: State Criminal Alien Assistance Program (SCAAP) is a federally
funded program, under the direction of the U.S. Department of Justice/Homeland
Security, that provides compensation to states and localities when a facility has held
undocumented criminal aliens with at least one felony or two misdemeanor convictions,
and who have been held for at least four consecutive days during the reporting period.
The Virginia Beach Sheriff's Office applied for reimbursement for holding these inmates
meeting the criteria, and has been notified the amount awarded is $48,427.
. Considerations: When completing the process to accept the SCAAP award, the
U.S. Department of Justice/Homeland Security requires the locality to identify how the
funds will be spent. After the Sheriff's Office reviewed their list, it was determined to
utilize the funds for the purchase of enhanced technology for inmate/offender
management.
. Public Information: Public information will be handled through the normal
agenda process.
. Recommendations: It is requested City Council appropriate $48,427 to the
Sheriff's Office FY 2008-09 budget and increase revenue from the Federal Government.
. Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAge~cy: Departme~t of Sheriff and Corrections
City Manager:~\ ll, ~~
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM
2 THE U.S. DEPARTMENT OF JUSTICE TO THE FY
3 2008-09 SHERIFF SPECIAL REVENUE FUND
4
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8
9 1. That $48,427 in revenue from the U.S. Department of Justice for the State
10 Criminal Alien Assistance Program (SCAAP) is hereby appropriated in the FY 2008-09
11 Sheriff Special Revenue Fund.
12
13 2. That estimated revenue in the FY 2008-09 Sheriff Special Revenue Fund
14 is hereby increased accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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Management Services I
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CA 10936
R-2
November 19,2008
i I I II
K. PLANNING
1. Petition of JOYCE LEE CRUMBLE for a Variance to g4.4(b) of the Subdivision
Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance
(CZO) re a new single family dwelling at Hope Avenue and Beach Town Road.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
2. Application of5073 VIRGINIA BEACH BOULEVARD, L.L.c. for a Conditional Use
Permit for construction of a two-story building re motor vehicle sales and rental
business at 5073 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
3. Application of KAREN PARKER for a Conditional Use Permit re home Daycare in a
residence at 5516 Gosling Court.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPRO V AL
4. Application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. for a
Conditional Use Permit re allow two (2) floors of a mix-used building at Town Center
(currently under construction) to be used as a college at 4500 Main Street.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
5. Application of RICHMOND 20 MHZ, LLC d/b/a NTELOS, for a Conditional Use
Permit re communication tower at 4221 Pleasant Valley Road.
DISTRICT 2 - KEMPSVILLE
REcOMMENDA TION
APPROV AL
6. Application of 1000 N. GREAT NECK ROAD, LLC (Virginia Beach Christian Life
Center) for a Modification of Conditions re expansion of the existing parking lot
(approved by City Council on October 14,2003) at 1000 North Great Neck Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
7. Application of JOYNT ENTERPRISES, INC., t/a PEMBROKE SUZUKI for a
Modification of Conditions re auto sales and service expansion, refurbishing and
exterior painting ofthe existing building and signage (approved by City Council on
July 13, 1999 and August 14,2001) at 4753 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA TION
APPROV AL
8. Application of NEAL REED for a Modification of Conditions re construction of a
convenience store at 798 Lynnhaven Parkway.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
9. Applications of the City of Virginia Beach:
a. Ordinance to AMEND the Comprehensive Plan and ADOPT/ADD the Resort
Area Strategic Action Plan as an Appendix.
RECOMMENDATION
APPROVAL
b. Ordinance to AMEND g211 of the City Zoning Ordinance (CZO) re certain
temporary signs in all Zoning Districts.
RECOMMENDATION
APPROV AL
c. Ordinance to AMEND g203 of the City Zoning Ordinance (CZO) re parking
requirements in B-3 A (Pembroke Central Business Core District) and B-4C
(Central Business Mixed Use District).
RECOMMENDATION
APPROVAL
d. Ordinance to AMEND g4.1 of Appendix B, Subdivision Regulations, re
DELETION of minimum right-of-way width and minimum paved width for
minor Subdivision streets (deferred from November 25,2008)
REcOMMENDA TION
APPROV AL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401
Courthouse Drive, Tuesday, December 2, 2008, at 6:00 p.m. The
following applications will be heard:
PRINCESS ANNE DISTRICT
KAREN PARKER Application: Conditional Use Permit. daycare, 5516 Gosling Court
(GPIN 1468613490). AICUZ is Less than 65.
KEMPSVILLE DISTRICT
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI Application: Conditional Use
Permit. auto sales and service, 4753 Virginia Beach Boulevard (GPIN 1477350086).
AICUZ is less than 65.
RICHMOND 20 MHZ, LlC D/B/A/ NTElOS Application: Conditional Use Permit.
communication tower, 4221 Pleasant Valley Road (GPIN 1475047711). AICUZ is
less than 65.
5073 VIRGINIA BEACH BOULEVARD, L.L.C. Application: Conditional Use Permit.
motor vehicle sales, rental and service, 5073 Virginia Beach Boulevard (GPINs
1467858606; 1467858524). AICUZ is Less than 65.
L YNNHAVEN DISTRICT
COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. Application: Conditional Use
Permit. public or private college or university, 4500 Main Street (GPIN 1477548898).
AICUZ is less than 65.
1000 N. GREAT NECK ROAD, L.L.C. App/ication: Modification of Conditions.
approved by City Council on October 14, 2003 (Virginia Beach Christian Life Center)
to allow expansion of the existing parking lot, 1000 N. Great Neck Road (GPINs
2408137769; 2408148059). AICUZ is 65-75 dB.
BEACH DISTRICT
NEAL REED Application: Modification of Conditions. approved by City Council on Jul~
12, 1982, 798 lynnhaven Parkway (GPIN 1496447507). AICUZ is Greater than 75.
JOYCE lEE CRUMBLE Application: Subdivision Variance, Hope Avenue and Beach
Town Road (GPIN 2417549492). AICUZ is Greater than 75 and APZ 2.
CITY OF VIRGINIA BEACH
Ordinance to amend Section 211 of the City Zoning Ordinance by allowing certain
temporary signs in all zoning districts.
Ordinance to adopt the Resort Area Strategic Action Plan as an Appendix to the
Comprehensive Plan.
Ordinance to amend Section 203 of the City Zoning Ordinance pertaining to parking
requirements in the S-3A Pembroke Central Business Core District.
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 ma}
be examined in the Department of Planning or online at httD:llwww.vbl!ov.com/oc
For information call 385-4621.
If you are physically disabled or visually Impaired and need assistance at thi~
meeting, please call the CITY CLERK'S OFFICE at 385-4303.
JOYCE LEE CRUMBLE
Relevant Information:
· Beach District
· The applicant is requesting a Subdivision Variance to allow use of an
existing parcel for a single-family dwelling.
· The parcel was created by deed in 1980, and is thus not a legal lot for
the purposes of the Subdivision Ordinance.
· The lot does not meet the required lot width for the R-7.5 Residential
District. Thus, a Subdivision must be obtained before the lot can be
recorded and built on.
· AICUZ is Greater than 75 and APZ 2.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent Agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: JOYCE LEE CRUMBLE Subdivision Variance, south side of Hope Avenue
at its intersection with Beach Town Road. BEACH DISTRICT
MEETING DATE: December 2,2008
. Background:
The subject lot is currently undeveloped. The applicant proposes to construct a
single-family dwelling according to the regulations in the R-7.5 Residential
Districts. The Development Services Center recently reviewed a Single-Family
Site Plan for the lot. During the review, it was determined that the lot was not a
legally created parcel. The parcel was first recorded in Deed Book 2088, Page
501 on February 2, 1981, being conveyed to Marcos Chapunoff by deed from the
Commonwealth of Virginia on December 5, 1980. Prior to the Commonwealth of
Virginia obtaining the property, the owner was unknown. The City of Virginia
Beach Subdivision Ordinance was adopted on June 22,1970. Before that date, a
subdivision by deed was permitted within the old Town of Virginia Beach limits
(the old Beach Borough). When the State obtained the property and sold it to Mr.
Capunoff, the lot should have been reviewed and recorded by plat under the
provisions of the Subdivision Ordinance. Thus, the lot is not a legally recorded lot
and a subdivision variance is necessary as the lot does not meet required lot
width for the R-7.5 Residential District.
. Considerations:
The existing lot has an area of approximately 13,205 square feet and a lot width
of 53.92 feet. The lot requires a subdivision variance to lot width, as 75 feet of lot
width is required in the R-7.5 Residential District.
Evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance. The Commonwealth of Virginia sold
this property to Marcos Chapunoff, and the property was not properly recorded
according to the requirements of the City of Virginia Beach Subdivision
Ordinance. The insufficient lot width is the result of past actions of which the
applicant and current owner of the lot had no control. The request for the
variance will not be of substantial detriment to adjacent property, and the
character of the neighborhood will not be adversely affected, as the site has
existed since 1980 without issue. The request is not general or recurring in
nature as to make reasonably practicable the formulation of general regulation to
JOYCE LEE CRUMBLE
Page 2 of 2
be adopted as an amendment to the ordinance. Staff, therefore, recommends
approval of the subdivision request to lot width with the following condition.
The Planning Commission placed this item on the consent agenda because
evidence of a hardship is demonstrated, the proposal will not adversely affect the
surrounding area, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following condition:
The property shall be configured substantially as shown on the submitted
plat entitled "Preliminary Subdivision of Property of Joyce Lee Crumble",
dated April 4, 2008 by Gallup Surveyors & Engineers, LTD. Said Plat has
been exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department.
. 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:~![ . {:jj0fJ"l.
'i I II
JOYCE LEE
CRUMBLE
Agenda Item 13
November 12, 2008 Public Hearing
Staff Planner: Faith Christie / Leslie Bonilla
REQUEST:
Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance that requires all newly
created lots meet all the requirements of the
City Zoning Ordinance.
ADDRESS / DESCRIPTION: Property located on the cul-de-sac at the end of Hope Avenue
GPIN:
24175414920000
COUNCIL ELECTION DISTRICT:
BEACH
SITE SIZE:
13,205 square feet
SUMMARY OF REQUEST
The proposed lot, zoned R-7.5 Residential, was recently reviewed by the Development Services Center
as a Single-Family Site Plan. During the review, it was determined that the lot was not a legally created
parcel. The parcel was first recorded in Deed Book 2088, Page 501 on February 2, 1981, as being the
same property conveyed to Marcos Chapunoff by deed from the Commonwealth of Virginia on December
5, 1980. Prior to the Commonwealth of Virginia obtaining the property, the owner was unknown. The City
of Virginia Beach Subdivision Ordinance was adopted on June 22, 1970. Before that date, a subdivision
by deed was permitted within the old Town of Virginia Beach limits (the old Beach Borough). When the
State obtained the property and sold it to Mr. Capunoff, the lot should have been reviewed and recorded
by plat under the provisions of the Subdivision Ordinance. Thus, the lot is not a legally recorded lot and a
subdivision variance is necessary as the lot does not meet required lot width for the R-7.5 Residential
District.
Existing Lot: The existing lot is approximately 13,205 square feet of area and has a lot width of 53.92
feet. The lot requires a subdivision variance to lot width, as 75 feet of lot width is required in the R-7.5
Residential District. The lot is currently undeveloped. The applicant proposes to construct a single-family
dwelling according to the regulations in the R-7.5 Residential Districts.
JOYCE LEE CRUMBLE
Agenda Item 13
Page 1
Item LolA
Lot Width in feet 75 53.92*
Lot Area in square feet 10,000 13,205
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undevelpoed lot
SURROUNDING LAND
USE AND ZONING:
North:
. Hope Avenue and Beach Town Road intersection;
. Single-family dwellings / R-7.5 Residential District
· Multi-family dwellings / A-18 Apartment District
. Norfolk Avenue
South:
East:
West:
· Undeveloped property / R-7.5 Residential District
· Single-family dwellings / R-7.5 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant environmental or cultural features on the
site.
AICUZ:
The site is in an AICUZ of Greater than 75 dB Ldn and Accident
Potential Zone 2 (APZ 2) surrounding NAS Oceana.
IMPACT ON CITY SERVICES
WATER & SEWER: The site will be required to' connect to City water and sewer.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
JOYCE LEE CRUMBLE
Agenda Item 13
Page 2
I I II
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request.
Comprehensive Plan:
The Comprehensive Plan Map identifies this site as being within the Resort Area. It is the City's policy to
continue making progress toward revitalizing resort residential areas and support land uses and physical
improvements that reinforce neighborhood quality, stability and character.
Evaluation:
Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide
evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision
Ordinance. The Commonwealth of Virginia sold this property to Marcos Chapunoff, and the property was
not properly recorded according to the requirements of the City of Virginia Beach Subdivision Ordinance.
The lot does not meet the required lot width of 75 feet for the R-7.5 Residential District and therefore
requires a subdivision variance. The problem is the result of past actions of which the applicant and
current owner of the lot had no control. The request for the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be adversely affected, as the site has
existed since 1980. The request is not general or recurring in nature as to make reasonably practicable
the formulation of general regulation to be adopted as an amendment to the ordinance. Staff, therefore,
recommends approval of the subdivision request to lot width with the following condition.
CONDITIONS
The property shall be configured substantially as shown on the submitted plat entitled "Preliminary Subdivision
of Property of Joyce Lee Crumble", dated April 4, 2008 by Gallup Surveyors & Engineers. LTD. Said Plat has
been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.
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.
JOYCE LEE CRUMBLE
Agenda Item 13
Page 3
AERIAL OF SITE LOCATION
JOYCE LEE CRUMBLE
Agenda Item 13
Page 4
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APPROVED: D"TE:
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PROPOSED SUBDIVISION
JOYCE LEE CRUMBLE
Agenda Item 13
Page 5
DATE
8-12-08
DESCRIPTION ACTION
Conditional Use Permit Cellular Tele hone Antenna Granted
ZONING HISTORY
JOYCE LEE CRUMBLE
Agenda Item 13
Page 6
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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)
N/A
2. List all businesses that have a parent-subsidiari or affiliated business entitj
relationship with the applicant: (Attach list if necessary)
N/A
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)
N/A
2. List all businesses that have a parent-subsidiari or affiliated business entitj
relationship with the applicant: (Attach list if necessary)
N/A
KI Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
SubdIVision Vanance ApplicatIon
Pagel0ofl1
RevIsed. 7tll106
JOYCE LEE CRUMBLE
Agenda Item 13
Page 7
II 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)
, "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,t hat 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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(?1,-.t- t-' I~ Joyce lee Crumble
Print Name
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Joyce lee Crumble
Print Name
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Owner's Signature (if different than applicant)
Subdivision Variance Application
Page 11 of 11
Revised 7/11t06
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JOYCE LEE CRUMBLE
Agenda Item 13
Page 8
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5073 VIRGINIA BEACH BOULEVARD, LLC
CUP - Motor Vehicle Sales & Rentals
Relevant Information:
· Kempsville District
· The applicant requests a Conditional Use Permit to allow
development of the site for a 6,500 square foot, two-story building to
operate a motor vehicles sales and rental business.
· The applicant will construct a two-story building with a 3,250 square
foot footprint at the southeast corner of the site. The first floor
showroom and the second floor offices make up the proposed 6,500
square foot building.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 5073 VIRGINIA BEACH BOULEVARD, L.L.C. Conditional Use Permit, motor
vehicle sales, rental and service, 5073 Virginia Beach Boulevard. KEMPSVILLE
DISTRICT
MEETING DATE: December 2,2008
. Background:
The applicant requests a Conditional Use Permit to allow redevelopment of the
site for a 6,500 square foot, two-story building to operate a motor vehicles sales
and rental business. The site currently consists of a parking lot and deteriorating
building of a former business.
The site plan shows a two-story building with a 3,250 square foot footprint
proposed at the southeast corner of the site. The first floor showroom and the
second floor offices make up the proposed 6,500 square foot building. Twenty
parking spaces are proposed within the new parking lot. There is an existing
entrance along Virginia Beach Boulevard that will remain for ingress-egress. In
addition, there are two (2) existing entrance points on Jersey Avenue that the site
plan depicts as remaining open.
The Comprehensive Plan designates this site as being within the West
Pembroke Area of Strategic Growth Area 4. The land use policies of this area
recognize that "many of these properties have greater, long-term potential to be
transformed from a land use pattern that is predominantly low intensity
commercial and industrial to one that achieves a compatible mix of urban land
uses and higher economic investment potential than exists today. Proposed uses
within the West Pembroke Area should include a vertical mix of mid to high-rise
residential uses and a variety of compatible, higher value non-residential uses
including office, retail, publicly accessible, urban open space, entertainment,
educational, institutional and other similar urban activities."
. Considerations:
This request is an upgrade to a vacant lot that has fallen in to disrepair for some
time. The deteriorating building on the site is slated for removal and will be
replaced with a building of quality, contemporary design. The unique shape of
the lot requires the single building, with both the sales and service facilities, to be
approximately 55 feet from Virginia Beach Boulevard and over 80 feet from the
actual edge of pavement. There is sufficient parking to meet the ordinance
5073 VIRGINIA BEACH BOULEVARD, L.L.C.
Page 2 of 3
requirements for the proposed uses. Staff believes the proposal will not
negatively impact surrounding properties, and, therefore, recommends approval
of the request subject to the conditions below.
The proposed building elevation depicts a two-story building with gray exterior
insulation finishing system (EIFS) as the prominent exterior material. Corrugated
steel architectural accents and red EIFS accents add to the architectural interest
of the design. The front elevation is proposed with one (1) entrance leading
directly into the showroom. Both the front and west faGades consist of a
predominance of glass to provide light and visibility into the showroom. A red
fabric awning, matching the red EIFS accent, is proposed above the service
door.
The sales and repair facility is compatible with the surrounding uses and current
character of this area, which includes other auto related business, warehouse
uses, and recreational vehicle sales.
The Planning Commission placed this item on the consent agenda because the
proposal will redevelop a distressed property located on the city's main
thoroughfare, the proposal is consistent with the Comprehensive Plan, and there
was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. Right-of-way improvements along Jersey Avenue shall be
constructed as deemed necessary by the Department of Public
Works and the Department of Planning and shall include, but are not
limited to, pavement widening, curb and gutter, drainage, and street
lighting.
2. Where streetscape landscaping does not exist along Virginia Beach
Boulevard, it shall be installed along northern edge of the proposed
parking lot, as described in the Landscaping Guide, City of Virginia
Beach, December 2002. The existing and proposed streetscape
landscaping shall be depicted on the final site plan.
3. When the property is developed it shall be in substantial
conformance with the plan entitled, "Conceptual Site Plan of Lots 7 &
8, Block 26, Parcel- A, Euclid Place," prepared by WPL, dated
08/29/08 which has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
4. The building on the property shall be constructed in substantial
conformance with the elevation entitled, "Proposed Building, 5073
" I II
5073 VIRGINIA BEACH BOULEVARD, L.L.C.
Page 3 of 3
Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty &
Associates Architecture" which has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
5. There shall be no storage of tires, merchandise, or debris of any kind
outside of the building.
6. There shall be no outside audio speakers for any purpose.
7. All vehicle repairs shall take place inside the building.
8. No outside storage of vehicles in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, then such
vehicles shall be stored within the building.
9. Vehicles for sale shall be located within the area designated for
display within the paved parking lot. No vehicles shall be displayed
on raised platforms, earthen berms, or any other structure designed
to display a vehicle higher than the elevation of the main parking lot.
. 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~} k ,~1rV""l.
5073 VIRGINIA
BEACH
BOULEV ARC,
L.L.C.
Agenda Item 9
November 12, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for motor vehicle sales and rentals
ADDRESS I DESCRIPTION: South side of Virginia Beach Boulevard, east of Witchduck Road, 5073 Virginia
Beach Boulevard
GPIN:
14678586060000
14678585240000
COUNCIL ELECTION DISTRICT:
KEMPSVILLE
SITE SIZE:
0.512 acre
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for a 6,500 square foot, two-story
building to operate a motor vehicles sales and rental business.
The site plan shows a two-story building with a 3,250 square foot footprint proposed at the southeast
corner of the site. The first floor showroom and the second floor offices make up the proposed 6,500
square foot building. Twenty parking spaces are proposed within the new parking lot. There is an existing
entrance along Virginia Beach Boulevard that will remain for ingress-egress. In addition, there are two (2)
existing entrance points on Jersey Avenue that the site plan depicts as remaining open.
The proposed building elevation depicts a two-story building with gray exterior insulation finishing system
(EIFS) as the prominent exterior material. Corrugated steel architectural accents and red EIFS accents
add to the architectural interest of the design. The front elevation is proposed with one (1) entrance
leading directly into the showroom. Both the front and west faCfades consist of a predominance of glass
to provide light and visibility into the showroom. A red fabric awning, matching the red EIFS accent, is
proposed above the service door.
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 1
i i 1,1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site, house
SURROUNDING LAND
USE AND ZONING:
North:
. Virginia Beach Boulevard, retail I B-2 Community Business
District
. RV sales & storage I B-2 Community Business District
. Vacant City property I B-2 Community Business District
. Jersey Avenue, motor vehicle sales I B-2 Community Business
District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed. There does not
appear to be any significant environmental or cultural features on the
site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban
arterial. The MTP recommends a divided facility within the existing 150-foot wide right-of-way section.
Jersey Avenue in the vicinity of this application is considered a two-lane undivided local street. This
roadway is not within the Master Transportation Plan.
No CIP projects are slated to impact the roadways surrounding this property.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 40,288 ADT 34,940 ADT (Level of Existing Zoning L -282
Boulevard Service "C") - 64,260 ADT ADT
1 (Level of Service "E") Proposed Land Use 3 -
243 ADT
1
Average Dally Trips
2 as defined by typical commercial uses
3 as defined by 7,300 square feet of motor vehicle sales and rentals
WATER: City water does not front the property, but it may be extended for connection purposes provided
hydraulic analysis supports the potential demand. There is an existing 20-inch and a 16-inch City water main
along Virginia Beach Boulevard.
SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station # 357 and the
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 2
sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing
eight-inch City gravity sanitary sewer main along Jersey Avenue. There is an existing eight-inch gravity
sanitary sewer main approximately 80 feet east of the site along Virginia Beach Boulevard.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the West Pembroke Area of Strategic
Growth Area 4. The land use policies of this area recognize that "many of these properties have greater,
long-term potential to be transformed from a land use pattern that is predominantly low intensity
commercial and industrial to one that achieves a compatible mix of urban land uses and higher economic
investment potential than exists today. Proposed uses within the West Pembroke Area should include a
vertical mix of mid to high-rise residential uses and a variety of compatible, higher value non-residential
uses including office, retail, publicly accessible, urban open space, entertainment, educational,
institutional and other similar urban activities."
Evaluation:
The sales and repair facility is compatible with the surrounding uses and current character of this area,
which includes other auto related business, warehouse uses, and recreational vehicle sales. Staff views
this request as an upgrade to a vacant lot that has fallen in to disrepair for some time. The deteriorating
building on the site is slated for removal and will be replaced with a building of quality, contemporary
design. The unique shape of the lot requires the single building, with both the sales and service facilities,
to be approximately 55 feet from Virginia Beach Boulevard and over 80 feet from the actual edge of
pavement. There is sufficient parking to meet the ordinance requirements for the proposed uses. Staff
believes the proposal will not negatively impact surrounding properties, and, therefore, recommends
approval of the request subject to the conditions below.
It should be noted that Traffic Engineering Staff have indicated that the proposed entrance on Virginia
Beach Boulevard will need to be reconstructed in order to meet the current City of Virginia Beach Public
Works Specifications and Standards. This will include 15-foot minimum curb line radii on both sides of
the entrance and a 3D-foot long minimum entrance throat, measured from the right-of-way line to the first
internal parking aisle or parking space. Right-of-way improvements will likely be required along Jersey
Avenue. These improvements include, but are not limited to, pavement widening, curb & gutter,
drainage, and street lighting.
CONDITIONS
1. Right-of-way improvements along Jersey Avenue shall be constructed as deemed necessary by the
Department of Public Works and the Department of Planning and shall include, but are not limited to,
pavement widening, curb and gutter, drainage, and street lighting.
2. Where streetscape landscaping does not exist along Virginia Beach Boulevard, it shall be installed
along northern edge of the proposed parking lot, as described in the Landscaping Guide, City of
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 3
,I I II
Virginia Beach, December 2002. The existing and proposed streetscape landscaping shall be
depicted on the final site plan.
3. When the property is developed it shall be in substantial conformance with the plan entitled,
"Conceptual Site Plan of Lots 7 & 8, Block 26, Parcel- A, Euclid Place," prepared by WPL, dated
08/29/08 which has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
4. The building on the property shall be constructed in substantial conformance with the elevation
entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty
& Associates Architecture" which has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department.
5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
6. There shall be no outside audio speakers for any purpose.
7. All vehicle repairs shall take place inside the building.
8. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
9. Vehicles for sale shall be located within the area designated for display within the paved parking lot.
No vehicles shall be displayed on raised platforms, earthen berms, or any other structure designed to
display a vehicle higher than the elevation of the main parking lot.
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.
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 4
AERIAL OF SITE LOCATION
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 5
1.1
LOT AREA 22.301 SQUARE FEET OR 0.512 ACRES
ZONING' B2
BUILDING OATA:
. 1ST FLOOR SHOWROOM 3.25050 SQUARE FEET.
(3,25050 / 900 = 4 SPACES)
. 2ND FLOOR OFFICE 3,250.50 SQUARE FFET
(3,250.50 / 270 = 13 SPACES)
PARKING DATA:
. REQUIREO: 17
. PROVIDED 18
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5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 6
PROPOSED BUILDING FRONT
ELEVATION - FACING VBBLVD
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 7
II
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5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 8
CUP - Motor Vehicle Sales & Rentals
1 08/12/08 CUP - motor vehicle sales Granted
2 OS/23/06 Street Closure Granted
3 03/14/00 CUP - motor vehicle sales Granted
09/28/99 CUP - auto service Granted
4 06/09/92 CUP - recreational vehicles sales & Granted
service
ZONING HISTORY
5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 9
II
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)
5073 Virginia Beach Boulevard, L.L.C,: George Loizou, Sole Member
2 List all businesses that have a parent-subsidiary 1 or affiliated business entitl
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
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)
Lope B. & Mercy B. Pile, husband and wife
2 List all businesses that have a parent-subsidiar/ or affiliated business entltl
relationship with the applicant: (Attach list if necessary)
X Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization
, 2
& See next page for footnotes
Conditional Use Permll Application
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5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 10
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DISCLOSURE STATEMENTl
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ADDmONAl DISCLOSURES
List all known contractors or businesses that have or will pmvlde services with respect
to the requested property use. Including but not limited to the providers of architectural
services, real estate services, financial servlces. accounting services and legal
services: (Attach list tf necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
WPL
1 "Parent-subsidiary relationship" means MS 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 "s relationship, other than
parent-subsidiary relationship, that exists when (i) one bw.lness entity has a
controlling ownel'8hlp Interest In the other business entity, (II) a controlling owner In
one entity 18 also a controlling owner In the other entity, or (Iii) there Is shared
management Dr 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 Dr manage the two
entitles; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise shere activities. resources or
personnel on 8 regular basis; or there Is otherwise a close woridng relationship
between the enttties." See State and Local Government Conflict of Interests Act, Va.
Code g 2.2-3101.
CERTIFICATION: I certify that the InforTll8tion contained hemin Is true end eccurate.
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 8ubject property at least 30 days prior to the scheduled public hearing
according to the Inst ckage.
5073 Vi la 8 Boulevard, L.L.C.
By:
p1lcanf Big
. , ~~'-
J Propert:~~$~s,::ej~~ en ~i~renl ~n ~~Pll~nt)
George Loizou, Member
Print Name
Lope B. Pile
Mercy B. Pile
Print Name
Condlllonlll Use Pemlll AppHc:a1lon
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m-~ SOOISOD d BiN
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5073 VIRGINIA BEACH BLVD.
Agenda Item 9
Page 11
II
Item #9
5073 Virginia Beach Boulevard, L.L.C.
Conditional Use Permit
5073 Virginia Beach Boulevard
274 Jersey Avenue
District 2
Kempsville
November 12,2008
CONSENT
Joseph Strange: The next item is item 9. An application of 5073 Virginia Beach Boulevard,
L.L.c. for a Conditional Use Permit for motor vehicle sales, rental and service on property
located at 5073 Virginia Beach Boulevard, District 2, Kempsville, with nine conditions.
Eddie Bourdon: Mr. Vice Chair and Madam Chair. I'm Eddie Bourdon, a Virginia Beach
attorney representing the applicant. All of the nine conditions recommended in the staff
evaluation are acceptable to my client and appreciate being placed on the consent agenda at
this time.
Joseph Strange: Thank you Eddie. Is there any opposition to this matter being placed on the
consent agenda? The Chair has asked Henry Livas to review this item.
Henry Livas: The applicant requests a Conditional Use Permit for development of the site
for a 6,500 square foot, two-story building to operate a motor vehicle sales and rental
business. The first floor showroom and the second floor office make up the proposed 6,500
square foot building. The proposed building elevation depicts a two-story building with gray
exterior insulation finishing system (EIFS) as the prominent exterior material. The sales and
repair facility is compatible with the surrounding uses and current character of this area,
which includes numerous other auto related businesses. The deteriorating building on the
site is slated for removal and will be replaced with a building of quality, contemporary
design. There is sufficient parking to meet the requirements of the proposed uses. Therefore,
we recommend approval of the Conditional Use Permit and placed it on the consent agenda.
Joseph Strange: Thank you Henry. Madam Chairman, I make a motion to approve agenda
item 9.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
Item #9
5073 Virginia Beach Boulevard, L.L.c.
Page 2
KA TSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 9.
ABSENT
KAREN PARKER
Map~
M..p Not to Sc"l..
Karen Parker
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cUP - Home Occupation - Daycare 5516 Cosling Court
Relevant Information:
· Bayside District
· The applicant requests a Conditional Use Permit to allow a home
daycare at her residence.
· The applicant has been licensed for a maximum capacity of twelve
(12) children ranging in age from infants to twelve (12) years of age.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent agenda
i 1
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: KAREN PARKER Conditional Use Permit, daycare, 5516 Gosling Court
(GPIN 1468613490). AICUZ is Less than 65. PRINCESS ANNE DISTRICT.
MEETING DATE: December 2,2008
. Background:
The applicant requests a Conditional Use Permit to allow a home daycare at her
residence. The home is a single-family dwelling with a fenced-in backyard for
free-play and a converted garage for the children's daily indoor routines and
activities.
. Considerations:
The applicant has been a state licensed daycare provider since 1999. The
applicant is licensed for a maximum capacity of twelve (12) children ranging in
age from infants to twelve (12) years of age. The hours for the home daycare are
6:00 a.m. until 6:00 p.m. Monday through Friday. There is currently one qualified
assistant available.
The proposal is in conformance with the Comprehensive Plan's
recommendations for the Primary Residential Area. The Plan policies support low
intensity uses and activities located in this area that fulfill a legitimate public need
for the surrounding neighborhood. The applicant has been providing limited
daycare without complaint from surrounding residents for nine years and under
the regulations of the Virginia Department of Social Services to help ensure the
safety of children cared for. This requested in-home child daycare use does not
appear to impose any negative impacts on this neighborhood that would change
or compromise its character and quality.
The home and the outdoor area meet.the requirements of the Department of
Social Services. The site is located oh a cul-de-sac, which lessens the potential
for traffic disruptions that sometimes occur with child drop-off and pick-up when
the home daycare is located on a through street. It is not anticipated that the
home daycare on this site will adversely impact any surrounding properties, and,
therefore, it is recommended for approval subject to the following conditions
The Planning Commission placed this item on the consent agenda because the
applicant has been providing daycare for several years without complaint, the
KAREN PARKER
Page 2 of 2
applicant is licensed by the Virginia Department of Social Services, and there
was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The home daycare shall be limited to a total of twelve (12) children other
than children living in the home. There shall be no more than five (5)
children under the age of 2% in the home at one time, as required by the
Department of Social Services.
2. A fence, to be maintained in good condition at all times, shall enclose the
outdoor play area and the fence shall satisfy the requirement of the
Department of Social Services.
3. No signs advertising the home daycare shall be permitted on the lot or any
building on the lot at any time.
4. The applicant shall be licensed with the Commonwealth of Virginia.
Failure to maintain said license in good standing shall result in revocation
of this Use Permit.
5. The applicant shall receive a Certificate of Occupancy for the proposed
use from the Building Official for the home daycare/residential use.
6. The applicant shall obtain all necessary permits and inspections from the
Planning Department I Permits and Inspections Division.
. 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 ,~Q('1
II
KAREN PARKER
Agenda Item 3
November 12, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for Home Occupation -
Daycare
ADDRESS I DESCRIPTION: Property located 5516 Gosling Court.
GPIN:
1468613490000
COUNCIL ELECTION DISTRICT:
4 - SA YSIDE
SITE SIZE:
5,001.99 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
home daycare at her residence. The applicant is a state licensed daycare provider since 1999. The
applicant has been licensed for a maximum capacity of twelve (12) children ranging in age from infants to
twelve (12) years of age. The applicant requests a Conditional Use Permit for a family daycare home to
allow the applicant to care for twelve (12) children.
The site is a single family dwelling with a fenced in backyard for free play and a converted garage for the
children's daily indoor routines and activities. The hours for the home daycare are 6:00 a.m. until 6:00
p.m. Monday through Friday. There is currently one qualified assistant available.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single family residential site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Multi-family dwellings I A-12 Apartment District
. Across Gosling Court are single-family dwellings I R-5S
Residential District
. Single-family dwellings I R-5S Residential District
. Single-family dwellings I R-5S Residential District
KAREN PARKER
Agenda Item 3
Page 1
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is developed with a single-family dwelling, associated drive and
residential landscaping. There are no known significant natural
resources or cultural features associated with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Gosling
Court in the vicinity of this application is considered a two-lane undivided local street. No Capital
Improvement Program projects are slated for this area.
TRAFFIC: Street Name Present I Present Capacity Generated Traffic
Volume
Gosling Court No existing traffic counts are Existing Land Use "L - 10 ADT
available for this roadway. Proposed Land Use 3 - 54 ADT
5 AM Peak Hour Vehicles
(entering)
5 PM Peak Hour Vehicles
(entering)
Average Dally Tnps
2 as defined by single family residential
3 as defined by child care for 12 children
WATER and SEWER: This site currently connects to City water and City sanitary sewer.
POLICE: No Police Department comments at this time.
FIRE: The applicant needs to seek approval from the Permits & Inspections Division of the Planning
Department. No additional Fire Department comments at this time.
SOCIAL SERVICES: The applicant has been licensed by the Virginia Department of Social Services for nine
(9) years for a capacity of twelve (12) children ages infants through 12 years.
Recommendation:
Staff recommends approval of this
request for a home daycare with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
This site is part of the Primary Residential Area. The land use planning policies and principles for the
Primary Residential Area focus strongly on preserving and protecting the overall character, economic
value and aesthetic quality of the stable neighborhoods located in this area. The established type, size,
KAREN PARKER
Agenda Item 3
Page 2
II
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 proposal is in conformance with the Comprehensive Plan's recommendations for the Primary
Residential Area. The Plan policies support low intensity uses and activities located in this area that fulfill
a legitimate public need for the surrounding neighborhood. The applicant has been providing limited
daycare without complaint from surrounding residents for nine years and under the regulations of the
Virginia Department of Social Services to help ensure the safety of children cared for. This requested in-
home child daycare use does not appear to impose any negative impacts on this neighborhood that
would change or compromise its character and quality.
The home and the outdoor area meet the requirements of the Department of Social Services. The site is
located on a cul-de-sac, which lessens the potential for traffic disruptions that sometimes occur with child
drop-off and pick-up when the home daycare is located on a through street. It is not anticipated that the
home daycare on this site will adversely impact any surrounding properties, and. therefore, it is
recommended for approval subject to the following conditions
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children other than children living in the
home. There shall be no more than five (5) children under the age of 2% in the home at one time, as
required by the Department of Social Services.
2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the
fence shall satisfy the requirement of the Department of Social Services.
3. No signs advertising the home daycare shall be permitted on the lot or any building on the lot at any
time.
4. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in
good standing shall result in revocation of this Use Permit.
5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building Official
for the home daycarelresidential use.
6. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division.
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.
KAREN PARKER
Agenda Item 3
Page 3
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Agenda Item 3
Page 4
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Agenda Item 3
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Agenda Item 3
Page 6
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CUP - Home Occupation - Daycare
5516 Cosling Court
1 02/11/03 Sub-division Variance Granted
2 08/28/01 Conditional Rezonino from R-7.5 to R-5S Granted
3 04/13/87 Conditional Use Permit Granted
4 04/11/83 Conditional Rezonino from R-6 to A-1 Granted
5 07/06/81 Conditional Rezonino from R-6 to R-8 Granted
ZONING HISTORY
KAREN PARKER
Agenda Item 3
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 jf necessary)
2. List all businesses that have a parent-subsidiary 1 or affiliated business entityl
relationship with the applicant (Attach list if necessary)
~ 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)
, i\
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2. List all businesses that have a parent-subsidiaryl or affiliated business entityl
relationship with the applicant: (Attach list if necessary)
0 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 th/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?
Condijional Use Pflfmit ApplicatIOn
Page 9 of 10
RevIsed 7/312007
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Agenda Item 3
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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)
, '\ '-
I
, "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 Contlict of Interests Act. Va.
Code 9 2.2-3101
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity. or (iii) there is shared management or control between the business
entities, Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities.
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Contlict 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
Plannin ,to photograph and view the site for purposes of processing and evaluating this application.
~ ,u)D/t) K{}(lfl/-:tJrkftV
Print Name I
Print Name
Property Owner's Signature (if different than applicant)
Conditional Use Permrt Application
Page 100110
Revised 7/312007
KAREN PARKER
Agenda Item 3
Page 9
COLUMBUS TOWER BLOCK 5-A2
B-3
N
GlNIA - RMCH
BL YD.
019
Relevant Information:
· Lynnhaven District
· The applicant requests a Conditional Use Permit to allow use of two
floors of an existing building for a private college.
· Anticipated enrollment will ultimately reach 516 students, and 42
staff will be employed.
· The applicant does not anticipate more than 250 students and
employees on-site at any given time. Adequate parking within Town
Center is available for this use.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent Agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. Conditional Use
Permit, public or private college or university, 4500 Main Street. L YNNHAVEN
DISTRICT
MEETING DATE: December 2,2008
. Background:
The applicant requests a Conditional Use Permit to allow use of two floors of a
mixed-use building as a college. The building is located within the Town Center
development and is currently being constructed.
The Comprehensive Plan designates this area as being within the Strategic
Growth Area 4. Mixed uses offering an efficient use of land resources, full use of
urban services, detailed human-scale design and a compatible mix of uses are
recommended for this area. For properties within Strategic Growth Areas, the
Plan emphasizes".. .these areas are designated to absorb most of the city's
future growth, both residential and non-residential and, as such, are planned for
more intensive uses than most other areas of the city. Integrating, not separating,
a diverse cluster of land uses result in a compact, yet compatible mix of uses.
They include office, retail, service, hotel and where appropriate, residential uses,"
(page 57, Policy Document).
. Considerations:
The applicant proposes post-secondary and graduate educational or training
programs consisting of associates, bachelors, masters, and doctorate degrees in
culinary arts, industrial design, graphic arts, computer animation, and multimedia
design. The hours of operation will be 7:00 a.m. to 10:00 p.m., Monday through
Saturday, and 11 :00 a.m. to 6:00 p.m., Sundays. Anticipated enrollment will
ultimately reach 516 students, and 42 staff will be employed. The applicant does
not anticipate more than 250 students and employees on-site at any given time.
Adequate parking within Town Center is available for this use.
The proposal is consistent with the Comprehensive Plan's recommendations for
this area, which call for a full array of "urban services, [with a] detailed human-
scale design and a compatible mix of uses." The addition of this educational
facility to the Town Center area will complement surrounding existing and future
uses, and will enhance the Town Center as a prominent activity center in the city
and region.
COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C.
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
proposal is consistent with the Comprehensive Plan's recommendations for
Town Center, the proposal provides additional opportunities for citizens to
continue lifelong learning, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage~ l . ~~
II
COLUMBUS TOWER
BLOCK 5-A2
ASSOCIATES, L.L.C.
Agenda Item 11
November 12, 2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a Public or Private
College or University
ADDRESS I DESCRIPTION: 4500 Main Street
GPIN:
14775488980000
COUNCIL ELECTION DISTRICT:
LYNN HAVEN
SITE SIZE:
38,463.48 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow two floors of a mixed-use building for a public or
private college or university. The applicant proposes post-secondary and graduate educational or training
programs consisting of associates, bachelors, masters, and doctorate degrees in culinary arts, industrial
design, graphic arts, computer animation, and multimedia design. The hours of operation will be 7:00 a.m.
_ 10:00 p.m., Monday through Saturday, and 11 :00 a.m. through 6:00 p.m., Sundays. Anticipated
enrollment will ultimately reach 516 students, and 42 staff will be employed. The applicant does not
anticipate more than 250 students and employees on-site at any given time. Adequate parking within
Town Center is available for this use.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The site is Block 5 of the Town Center project. The block is opccupied by an office
building, bank, hotel, and mixed-use building, which is currently under construction.
SURROUNDING LAND
USE AND ZONING:
. Virginia Beach Boulevard
. Across the Boulevard is Pembroke Mall I B-3 Central Business
District
North:
South:
. Main Street
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 1
· Across Main Street is a surface parking lot I B-3A Pembroke
Central Business Core District
East: . Constitution Drive
· Across Constitution Drive are restaurants, retail, and movie
theaters I B-3 Central Business District
West: . Town Center Drive
· Across Town Center Drive is Block 4 of the Town Center
project - Armada Hoffler office building I B-3A Pembroke
Central Business Core District
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with this site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Main
Street in front of this application is a two-lane undivided local street. Constitution Drive adjacent to the
site is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided
facility with bikeway within a 100-foot right-of-way.
A Capital Improvement Program (CIP) project is slated for this area. The Pembroke Area
Comprehensive Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the
Central Business District surrounding Town Center. This study will develop short-term, mid-term, and
long-term alternatives for transportation needs in the area. As part of the short-term improvements,
Constitution Drive Extended (CIP 2-208) is for the widening and new construction of a four-lane highway
along Constitution Drive from the intersection of Columbus Street to Bonney Road. This project is
currently under design and tentatively scheduled for construction starting February 2009.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Constitution Drive 6,793 ADT 22,800 ADT Existing Land Use :l -
426 ADT
Proposed Land Use 3 -
1,228 ADT (88 AM Peak
Hour; 31 PM Peak Hour)
,
Average Dally Tnps
2 as defined by 38,716 square feet of office use
3as defined by college I university use with 516 students
WATER and SEWER: The site is connected to City water and sewer.
SCHOOLS: School population is not affected by the request.
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 2
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as being within the Strategic Growth Area 4. Mixed uses
offering an efficient use of land resources, full use of urban services, detailed human-scale design and a
compatible mix of uses are recommended for this area. For properties within Strategic Growth Areas, the
Plan emphasizes "... these areas are designated to absorb most of the city's future growth, both
residential and non-residential and, as such, are planned for more intensive uses than most other areas
of the city. Integrating, not separating, a diverse cluster of land uses result in a compact, yet compatible
mix of uses. They include office, retail, service, hotel and where appropriate, residential uses," (page 57,
Policy Document).
Evaluation:
The proposal is consistent with the Comprehensive Plan's recommendations for this area, which call for a
full array of "urban services, [with a] detailed human-scale design and a compatible mix of uses." The
addition of this educational facility to the Town Center area will complement surrounding existing and
future uses, and will enhance the Town Center as a prominent activity center in the city and region.
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.
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 3
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COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 5
PROPOSED BUILDING ELEVATION
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 6
" I II
1 . 6/14/06
2. 3/11/03
9/24/02
3. 2/8/00
Conditional Use Permit Colle e
Street Closure
Conditional Use Permit Multi-famil dwellin s - 342 units
Rezoning (B-3 Central Business to B-3A Pembroke Central
Business Core District)
Street Closures 10/27/78; 12/15/75; 10/14/74; 7/22/74
Rezoning (B-3 Central Business to B-3A Pembroke Central
Business Core District
A roved
Approved
A roved
Approved
A roved
Approved
4. 10/10/00
ZONING HISTORY
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 7
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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)
/
;' C9lumbus Tower Block 5-A2 Associates. LLC.
I, Merob...r..' Colu'1lb"ll One, II C 8- BilUI...fje1d l1illociate.. One, l L C
, Managers: louis S. Haddad, Anthony P. Nero and Gerald 5, Divaris
2. List all businesses that have a parent-subsidiary1 or affiliated business entity2
/ relationship with the applicant: (Attach list if necessary)
/ Armada Hoffler entities and numerous Town Center-related and other unrelated business entities are
affiliated with the Applicant through its principals' Daniel A Hoffler, A Russell Kirk Louis S Haddad
and Anthony P. Nero; and Divaris entities through its principal: Gerald S. Divaris
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 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?
Conditional Use Permit Application
Page 9 of 10
Revised 71312007
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 8
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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)
- / I
/" Town Center Associates, L.L.C.;' Gilbane Building Co.; Burt, Hill; 'Armada/Hoffler Construction
Company, IIOA Architects, faggel1 & frieden, r.c" CherT) Dekael1 & Ilolla"o, L.L.r.
.
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va,
Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
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
1 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
PI n in to phot ra h an.d view the site for purposes of processing and evaluating this application.
US 16~ 5 -A~ Asroc.;edesj L.t..C.
I Anthony p, Nero
Print Name..~~tK
I,..OU.JS S. H(({ld""ol
Print Name- ~~eY"
Conditional Use Permit Application
Page 10 of 10
RevIsed 7/312007
COLUMBUS TOWER BLOCK 5-A2
Agenda Item 11
Page 9
Item #11
Columbus Tower Block 5-A2 Associates, L.L.c.
Conditional Use Permit
4500 Main Street
District 5
Lynnhaven
November 12,2008
CONSENT
Joseph Strange: The next item is item 11. An application of Columbus Tower Block 5-A2 .
Associates, L.L.C. for a Conditional Use Permit for a public or private college or university
on property located at 4500 Main Street, District 5, Lynnhaven, with no conditions.
Mike Nichols: Good afternoon. My name is Mike Nichols. I represent the applicant.
Obviously, since there are no conditions, we accept them.
Joseph Strange: Thank you very much. Is there any opposition to this matter being placed
on the consent agenda? The Chair has Gene Crabtree to review this item.
Eugene Crabtree: This is a new building that is going in at Town Center that sits right in
front of Columbus One, behind the Hilton Garden Inn and across the street from the Planet
Music store there, currently under construction. They propose to occupy two floors of this
building as an institute of higher learning for doctorate degrees in culinary arts, industrial
design, graphic arts, computer animation and multimedia design. They anticipate they may
have 516 students enrolled with 42 staff, but not more than 250 people on-site any given
time. Parking in Town Center is adequate to do this. This is in a site that is not restricted by
the AIcUZ or noise zones surrounding NAS Oceana. It is a Strategic Growth Area, and it
conforms to the Comprehensive Plan. In this area already, which include mixed uses such as
retail, hotels, and appropriate residential uses. There are two institutes of higher learning in
the area already that are operating and consequently since staffhad a favorable
recommendation for this, we put it on the consent agenda.
Joseph Strange: Thank you Gene. Madam Chairman, I make a motion to approve agenda
item 11.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
David Redmond: Madam Chairman?
Janice Anderson: Yes.
David Redmond: I should clarify that I will support all of the consent items with the
exception of item 11, which I will abstain. I have a business conflict.
Janice Anderson: Please note the abstention by Dave Redmond on item 11.
i i
Item #11
Columbus Tower Block 5-A2 Associates, L.L.C.
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIVAS
REDMOND
RUSSO
STRANGE
AYE 9
NAY 0
ABS 1
ABSENT 1
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
ADS
Ed Weeden: By a vote of9-0, with the abstention so noted, the Board has approved item 11.
RICHMOND 20 MHZ DBA NTELOS
Map D-IO
Mo ~ot to Scale
Richmond 20MHZ dlb/a/NTELOS
Relevant Information:
· Centerville District
· The applicant requests a Conditional Use Permit for a wireless
communication tower.
· Applicant proposes a 132 foot high, stealth, flagpole
communications tower within the rear parking lot of an existing
shopping center.
· Antennas for up to three (3) carriers will be concealed within the
flagpole. The ground equipment is proposed within a 20 foot by 40
foot fenced area behind the retail shops.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RICHMOND 20 MHZ, LLC D/B/AI NTELOS, Conditional Use Permit,
communication tower, 4221 Pleasant Valley Road. KEMPSVILLE DISTRICT
MEETING DATE: December 2,2008
. Background:
The applicant requests a Conditional Use Permit to construct a 132 foot high,
stealth style (flagpole) communications tower within the rear parking lot of an
existing shopping center. The antennas for up to three (3) carriers will be
concealed within the flagpole. The ground equipment is proposed within a 20
foot by 40 foot fenced area behind the retail shops.
. Considerations:
The antennas for up to three (3) carriers will be concealed within the flagpole. It
was the desire of the major tenant on the property that the tower be constructed
for use as a flagpole. Staff was initially hesitant as a flag flying in the wind could
possibly be disruptive to surrounding properties. The applicant was diligent in
contacting property owners, and, as required by the Zoning Ordinance held a
balloon test and conducted a public meeting at a nearby middle school. Over 60
residents and surrounding property owners were individually notified via mail;
however, no opposition was expressed at either meeting. In addition, an FAA
study was submitted indicating that the proposed tower will not exceed
obstruction standards and would not be a hazard to air navigation.
The primary objective for this tower is to improve service within business
buildings and residential buildings and to increase network capacity in an area
generally surrounding the Ferrell Parkway and Indian River Road intersection.
There are no other communication towers within the applicant's search ring.
The applicant is requesting as part of this Conditional Use Permit a modification
to the screening and landscaping requirement, as the tower will be installed in an
area that is currently pavement. Approximately four (4) parking spaces will be
eliminated by locating the tower at the proposed location. There are sufficient
parking spaces remaining, well in excess of what is required by Zoning
Ordinance. In addition, a variance to the 50 foot setback is also requested as the
tower's base will be approximately 43 feet from the property line, adjacent to the
apartment buildings to the west. Both variance requests are acceptable, as the
existing landscaping along the western property line serves as a good screen
RICHMOND 20 MHZ, LLC D/B/A NTELOS
Page 2 of 3
and will render the tower's base and equipment virtually unnoticeable by the
adjacent apartment dwellers. Staff does recommend a condition that a minimum
six (6) foot solid, privacy fence, without barbed wire, be installed surrounding the
800 square foot lease area.
The Planning Commission placed this item on the consent agenda because the
proposal meets the standards of the Zoning Ordinance for communications
towers and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The communication tower shall be constructed as a stealth tower with
internal antennas as substantially as shown on the site plans entitled,
"Telecommunications Facility, Carriage Mill (NR-5433), 4221 Pleasant
Valley Road," prepared by JMT, dated 06/22/08. This site plan has been
exhibited to City Council and is on file with the Department of Planning.
2. The tower shall not exceed 132 feet in height (AGL).
3. As provided by Section 221 (i) of the City Zoning Ordinance, the setback
requirement and the landscaping and screening requirements for the
tower are modified to the minimum setback of 40 feet and screening
shown on the plans referenced in Condition 1 above.
4. In the event interference with any City emergency communications
facilities results from the use of this tower and antennas, the user(s) shall
take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within a reasonable
time, the user shall immediately cease operation to the extent necessary
to stop the interference.
5. As required by Section 232(i)(4) of the City Zoning Ordinance, should the
antennas cease to be used for a period of more than one (1 ) year, the
applicant shall remove the tower, antennas and related equipment from
the property.
6. No signs indicating the location of this facility are allowed.
7. The lease area, as depicted on the survey entitled, "Telecommunications
Facility, Carriage Mill (NR-5433), 4221 Pleasant Valley Road," prepared
by JMT, dated 06/22/08, shall be surrounded by a solid fence, including
the gate, with a minimum height of six (6) feet. Chain link or barbed wire
II
RICHMOND 20 MHZ, LLC D/B/A NTELOS
Page 3 of 3
shall not be permitted.
8. A structural report stating that this design can indeed accommodate up to
three (3) wireless carriers shall be submitted for review during the final site
plan review process. Said report must be deemed acceptable prior to
issuance of a building permit.
. 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 \'ds~
RICHMOND 20MHZ,
L.L.C. DBA NTELOS
Agenda Item 6
November 12,2008 Public Hearing
Staff Planner: Carolyn AK Smith
REQUEST:
Conditional Use Permit for communication tower
ADDRESS I DESCRIPTION: Property located at 4221 Pleasant Valley Road
GPIN:
14750477110000
COUNCIL ELECTION DISTRICT:
CENTERVILLE
SITE SIZE:
9.8 acres / 800 square feet of lease area
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to construct a
132 foot high, stealth, flagpole communications tower within
the rear parking lot of an existing shopping center. The antennas for up to three (3) carriers will be
concealed within the flagpole. The ground equipment is proposed within a 20 foot by 40 foot fenced area
behind the retail shops.
LAND USE AND ZONING INFORMATION
. Bridle Creek Boulevard, apartments / A-12 Apartment District
. Lynnhaven Parkway, townhouses / A-12 Apartment District
. Pleasant Valley Road, single-family dwellings / R-5D
Residential District
. Apartments / A-12 Apartment District
EXISTING LAND USE: Shopping center
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
This site is within the Chesapeake Bay watershed. There are no
significant environmental or cultural features on the site as it is
developed as a shopping center and is almost entirely impervious
RICHMOND 20 MHZ / NTELOS
Agenda Item 6
Page 1
II
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The land use planning policies and principles established 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 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 Conditional Use Permit to construct a 132-foot high, stealth, flagpole communications tower within
the parking lot of an existing shopping center is recommended for approval. The antennas for up to three
(3) carriers will be concealed within the flagpole. It was the desire of the major tenant on the property that
the tower be constructed for use as a flagpole. Staff was initially hesitant as a flag flying in the wind could
possibly be disruptive to surrounding properties. The applicant was diligent in contacting property owners
and, as required by the Zoning Ordinance, held a balloon test and conducted a public meeting at a
nearby middle school. Over 60 residents and surrounding property owners were individually notified via
mail; however, no opposition was expressed at either meeting. In addition, an FAA study was submitted
indicating that the proposed tower will not exceed obstruction standards and would not be a hazard to air
navigation.
The primary objective of siting this tower is to improve in-building service to business and residential
buildings and to increase network capacity in an area generally surrounding the Ferrell Parkway and
Indian River Road intersection. There are no other communication towers within the applicant's search
ring.
The applicant is requesting as part of this Conditional Use Permit a modification to the screening and
landscaping requirement as the tower will be installed in an area that is currently pavement.
Approximately, four (4) parking spaces will be eliminated by locating the tower at the proposed location.
There are significant parking spaces remaining, well in excess of what is required by Zoning Ordinance.
In addition, a variance to the 50 foot setback is also requested as the tower's base will be approximately
43 feet from the property line, adjacent to the apartment buildings to the west. Both variance requests are
acceptable to Staff, as the existing landscaping along the western property line serves as a good screen
and will render the tower's base and equipment virtually unnoticeable by the adjacent apartment dwellers.
Staff does recommend a condition that a minimum six (6) foot solid, privacy fence, without barbed wire,
be installed surrounding the 800 square foot lease area.
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 2
Information provided by the applicant indicates that the tower is almost 2 miles away from the nearest 200
foot wide buffer of a microwave path for an existing public safety communications site and is over 3 miles
from the City's nearest emergency communication tower, both of which meet and surpass City standards.
A non-ionizing electromagnetic radiation (NIER) analysis and an RF Emissions Compliance Report were
also submitted indicating that emissions do not exceed minimum ground level exposure at any point
outside the facility and are within compliance with all regulatory agencies and standards. In addition, a
structural report stating that this design can indeed accommodate up to three (3) wireless carriers was
also submitted and accepted by City staff.
Based on the discussion above, Staff recommends approval of the request, subject to the conditions
below.
CONDITIONS
1. The communication tower shall be constructed as a stealth tower with internal antennas as
substantially as shown on the site plans entitled, "Telecommunications Facility, Carriage Mill (NR-
5433),4221 Pleasant Valley Road," prepared by JMT, dated 06/22/08. This site plan has been
exhibited to City Council and is on file with the Department of Planning.
2. The tower shall not exceed 132 feet in height (AGL).
3. As provided by Section 221 (i) of the City Zoning Ordinance, the setback requirement and the
landscaping and screening requirements for the tower are modified to the minimum setback of 40 feet
and screening shown on the plans referenced in Condition 1 above.
4. In the event interference with any City emergency communications facilities results from the use of this
tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate
the interference. If the interference cannot be eliminated within a reasonable time, the user shall
immediately cease operation to the extent necessary to stop the interference.
5. As required by Section 232(i)(4) of the City Zoning Ordinance, should the antennas cease to be used
for a period of more than one (1) year, the applicant shall remove the tower, antennas and related
equipment from the property.
6. No signs indicating the location of this faCility are allowed.
7. The lease area, as depicted on the survey entitled, "Telecommunications Facility, Carriage Mill (NR-
5433),4221 Pleasant Valley Road," prepared by JMT, dated 06/22/08, shall be surrounded by a solid
fence, including the gate, with a minimum height of six (6) feet. Chain link or barbed wire shall not be
permitted.
8. A structural report stating that this design can indeed accommodate up to three (3) wireless carriers
shall be submitted for review during the final site plan review process. Said report must be deemed
acceptable prior to issuance of a building permit.
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 3
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 4
AERIAL OF SITE LOCATION
RICHMOND 20 MHZ! NTELOS
Agenda Item 6
Page 5
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RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 6
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RICHMOND 20 MHZ / NTELOS
Agenda Item 6
Page 7
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cUP for Communication Tower
1 01/14/97 CUP -church Granted
06/23/92 MOD - recreational facility Granted
11/26/91 CUP - recreational facility Granted
2 03/10/92 MOD - service station Granted
08/28/90 CUP -service station Granted
10/13/86 CUP -service station Granted
ZONING HISTORY
RICHMOND 20 MHZ / NTELOS
Agenda Item 6
Page 9
I I I II
I
I DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1, List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
S:: tf ~ett&J
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 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)
Pleasant Valley Associates, LLC, a Virginia limited
liability compan~; Sabrina Samantha Corp., a Florida
corporation, Managing Member; Sam Spiegel, Presldent,
-Simone <::;rip'JAL, .vir-I'> Prp<::inpnt
2 List all businesses that have a parent-subsidiary 1 or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
None.
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?
Conditional Use Permit Application
Page 9 0110
Revised 7/312007
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RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 10
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DISCLOSURE STATEMENT I
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)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code ~ 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 detennining 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.
CERTlFICA nON: I certify that the information contained herein is true and acaJrate.
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.BIld v~ the site for purposes of processing and evaluating this application.
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Applicant's Signature
J!4~ r: 6,La--
Print Name
Sam Spiegel
different than applicant) Print Name
esident
ha Corp., Managing Member
Pleasant Valley Associates, LLC, a
vi rg in i a 1i m it ed 1i a b i 1 i t Y compa n Y Conditional Use Pennit Application
Page 10 of 10
Revised 7 I3/2007
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 11
RICHMOND 20MHZ, l.l.C.
Written Consent of Sol. Member
In Lieu of Annual Meeting of Members
June 1, 2007
The undersigned. being the sole member of RICHMOND 20M HZ, L.LC., a Virginia
limited liability company (the .Company.), acting pursuant to Section 18.302 and 18-407 of the
Delaware limited Liability Company Act, as amended, hereby adopts and approves the following
resolution by written consent In lieu of an annual meeting of members, waiving all rights to notice
thereof, whether statutory or otherwise:
1. ElectIon of Officers
RESOLVED, that the following persons, whose names are set forth below, are hereby
elected to the office set forth opposite their names, to serve In such office until the next annual
meeting of the Board or until his or her successor is duly elected and qualifies:
James S. Quarforth
Chairman and Chief Executive Officer
Carl A. Rosberg
President
David A. Maccarelli
ElCecutive Vice President
Michael B. Moneymaker
executive VICe President, Chief Financial Officer,
Treasurer and Secretary
Senior VICe President
Mary McDermott
Robert L. McAvoy, Jr.
Shirley J. Madison
VIce President
Assistant Secretary
2. RatJflcatlon: CounterDarta: Effective TIme
RESOLVED. that each and all of the lawful acts of the officers of the Company carrying
out and promoting the purposes, objects and Interests of the Company since the most recenf
annual meeting of members of the Company be, and the same hereby are, approved. ratified and
made the acts and deeds of the Company; and be It further
RESOLVED, this Written Consent of Sole Member In Lieu of Annual Meeting of Members
may be executed in any number of counterparts, each of which, when taken together. shall be
deemed for all purposes an original and all of which shall constitute one and the same Instrument;
and be it further
RESOLVED. that this Written Consent of Sole Member in Lieu of Annual Meeling of
Members shall be effective as of the date first written above; and be it further
RESOLVED, that Written Consent of Sole Member in Lieu of Annual Meeting of
Members shall be placed with the minutes of the proceedings of the members of the Company.
[Signatures appear on the following page.]
DISCLOSURE STATEMENT
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 12
IN WITNESS WHEREOF, undersigned Sole Member has executed this Written Consent
of Sole Manager in Lieu of Annual Meeting of Members as of the date first written above.
VIRGINIA RSA 8 LLC
By: NTELOS Communications Inc.,
lts Sole Member
,.,<<al-
DISCLOSURE STATEMENT
RICHMOND 20 MHZ I NTELOS
Agenda item 6
Page 13
RICHMOND 20MHZ L.L.C.
Written Consent of Sole Member
In Lieu of Annual Meeting of Members
June 1, 2007
The undersigned, being the sole member of RICHMOND 20MHZ LLC., a Virginia
limited liability company (the "Comoanv"), acting pursuant to Section 18.302 and 18-407 of the
Delaware Umlted LIability Company Act. as amended, hereby adopts and approves the following
resolutions by written consent In lieu of an annual meeting of members, waiving all rights to notice
thereof, whether statutory or otherwise:
1. Election of Manaaere
RESOLVED, that the following individuals are hereby elected as managers of the
Company, each to serve In such capaclty until the next annual meeting of members of the
Company or until his or her successor is elected and qualifies:
David R. Maccarelll
Mary McDermott
Michael B. Moneymaker
James S. Quartorth
Carl A. Rosberg
2. Ratlftcatlon: CoUm.'D8rt8: Effective Time
RESOLVED, that each and all of the lawful resolUtions, acts and proceedings of the
Board of Managers carrying out and promoting the purposes, objects and interest of the
Company since the most recent annual meeting of the members of the Company be, and the
same hereby are. approved. ralifled and made the acts and deeds of the Company; and be It
further
RESOLVED, that this Written Consent of Sole Member in Lieu of Annual Meeting of
Members shall be effective as of the date first written above; and be It further
RESOL VEO, that this Written Consent of Sole Member In LIeu of Annual Meeting of
Members shall be placed with the minutes of the proceedings of the members of the Company.
IN WITNESS WHEREOF. undersigned Sole Member of the Company has executed this
Written Consent of Sole Member in lieu of Annual Meeting of Members as of the date first written
above.
VIRGINIA RSA 8 LLC
By: NTELOS Communications Inc.,
ifs Sole Member
aar
~es S. Quarforth
ChtifSeeft>bE STATEMENT
RICHMOND 20 MHZ I NTELOS
Agenda Item 6
Page 14
Item #6
Richmond 20MHz, L.L.c. d/b/a NTelos
Conditional Use Permit
4221 Pleasant Valley Road
District 1
Centerville
November 12, 2008
CONSENT
Joseph Strange: The next item is item 6. An application of Richmond 20 MHz, L.L.c., d/b/a
Nte10s for a Conditional Use Permit for a communication tower on property at 4221 Pleasant
Valley Road, District 2, centerville, with eight conditions.
Glenn Hampton: Good afternoon. My name is Glenn Hampton. My business address is 501
Independence Parkway, Chesapeake. I'm here as an agent representing Nte10s. We have
reviewed the staff report, and all the conditions are acceptable to them.
Joseph Strange: Okay. Thank you. 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: This is applicant for a Conditional Use Permit to construct a 132 foot high,
stealth, flagpole communications tower at the rear of a parking lot in an existing shopping
center on 4221 Pleasant Valley Road. The antenna will carry three (3) carriers and the
antenna will be concealed within the flagpole. The primary objective of siting of this tower
in the area is to improve the in-building services to business and residential buildings and to
increase the network capacity in an area generally surrounding the Ferrell Parkway and
Indian River Road intersections. There are no other communication towers within the
applicant's search ring. Approximately four (4) parking spaces of the parking lot will be
eliminated, however, there are significant parking spaces remaining, well in excess of what is
required by the Zoning Ordinance. Based on the staff recommendation and approval of the
request, the Commission recommended that this be placed on the consent agenda.
Joseph Strange: Thank you Phil. Madam Chairman, I make a motion to approve agenda
item 6.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS ABSENT
I I II
Item #6
Richmond 20MHz, L.L.C. d/b/a NTe10s
Page 2
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 6.
i I Ii
I I
- 39-
Item V-K.4.
PLANNING ITEM # 51801 (Continued)
5 The applIcant shall submit a photometric lzghtzngplan zndlcatzng
the number and types of lzghtzng as part of the formal site plan
submIssIOn for revIew by the PolIce Department to determzne
consIstency wIth Crime PreventIOn through Environmental
DesIgn (CPTED) prznclples and practIces All fixtures shall be
of an appropriate heIght and desIgn so as to prevent any direct
reflectIOn or glare towards adjacent uses and CIty streets
Llghtzng should be directed down at the ground and not
hOrizontally or up m the air
6 The recreatIOnal fields shall be gatedfrom sundown to sunrise
There shall be no lzghtmg of the recreatIOnal fields There shall
be no roadway mstalled along the edge of the recreatlOnalfields
The recreatlOnalfields shall not be usedfor overflow parkmgfor
any events assocIated with the church
7 The eXlstmg stormwater management faclilty shall be cleared of
trash and debris durmg the Phase / constructIOn, and Category
/ screemng shall be znstalled on the top of bank, on the western
sIde of the facllzty before a Certificate of Occupancy IS approved
for the additIOn
8 The church shall Install trash receptacles throughout the parkmg
lots There shall be one trash receptacle for every 3,500 square
feet of parkzng area
ThIs Ordznance shall be effectIve m accordance WIth SectIOn /07 (j) of the Zomng Ordmance
Adopted by the CounCIl of the CIty ofVlrglma Beach, Vlrgmza, on the Fourteenth of October . Two Thousand
Three
Votmg
10-0 (By Consent)
CounCIl Members Votzng Aye
Harry E Dlezel, Margaret L Eure, VIce Mayor LOUIS R Jones, Reba S
McClanan, RIchard A Maddox, Mayor Meyera E Oberndorf JIm Reeve,
Peter W SchmIdt. Ron A VIllanueva and James L Wood
CounCIL Members Votzng Nay
None
CounCIl Members Absent
Rosemary W,lson
October J 4. 2003
I I
- 38-
Item V-K.4.
PLANNING
ITEM # 51801
Upon motlOn by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinance
upon applzcatlOn of VIRGINIA BEACH CHRISTIAN LIFE CENTER for a CondltlOnal Use Permit
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CHRISTIAN
LIFE CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R0100331135
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon ApphcatlOn of Virginia Beach Chrzstzan Life Center for
a CondltlOnal Use Permltfor a church on property located at the northeast
intersectIOn of North Great Neck Road and Old DonatlOn Parkway (GPINS
2408135699,2408243047,2408232865) DISTRICT 5 -LYNNHAVEN
The followmg conditIOns shall be required
1 The site shall be developed In accordance with the submltted
plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,
Virginia Beach, Vlrglnza, ConditIOnal Use Permit Exhibit",
prepared by Tymoff & Moss Architects and NDI, LLC Basgler
and ASSOCiates DIVISIOn, dated May 6. 2003, and revised August
22, 2003 Said plans have been exhlbzted to the Vzrgmla Beach
City Council and are onfile with the Virginia Beach Department
of Planning The applicant shall Install a rzght-turn lane from
Great Neck Road as part of the Phase 2 zmprovements
2 The proposed bUilding additions and renovatIOn of the eXlstmg
sanctuary shall be constructed In accordance with the submitted
plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,
Virginia Beach, Virginia, ExterIOr ElevatIOns ", prepared by
Tymoff & Moss Architects, dated July 8, 2003 Said plan has
been exhibited to the Vlrglma Beach City Council and IS on file
with the Vlrglma Beach Department of Planning
3 The applicant shall Install connectmg Sidewalks from Old
DonatIOn Parkway and Great Neck Road to the mam entrance of
the bUilding and to the recreatIOnal fields The locatIOn of the
Sidewalks shall be determined during detaded szte plan review of
each phase of the project
4 The applicant shall submit a tree preservatIOn / restoratIOn plan
with the development of Phase II RecreatIOnal Fields and Install
Category IV landscaping, where needed, within the proposed
twellty-foot buffer along the southern boundary of the site
adjacent to the Michael's Glenn and Great Neck Pines
reSidential nezghborhoods and the eastern boundary of the site
adjacent to the Forest Park reSidential neighborhood and the
City of Virginia Beach property
October 14, 2003
1000 N. GREAT NECK ROAD
1000 N Great Neck Rd.. LLC
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Modification of Conditions
Relevant Information:
· Lynnhaven District
. The applicant requests a modification of the existing Conditional Use
Permit for a church to allow for expansion of the parking lot.
. The applicant acquired an additional parcel adjacent to Great Neck
Road and desires to expand the parking lot on to this parcel.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
. Planning Commission recommends approval (10-0)
· There was no opposition
· Consent Agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 1000 N. GREAT NECK ROAD, L.L.C. Modification of Conditions. approved
by City Council on October 14, 2003 (Virginia Beach Christian Life Center) to
allow expansion of the existing parking lot,1000 N. Great Neck Road.
L YNNHAVEN DISTRICT
MEETING DATE: December 2,2008
. Background:
A Conditional Use Permit permitting a church was approved by the City Council
on October 14,2003. The Conditional Use Permit has eight (8) conditions.
Condition 1 requires the site to be developed in accordance with the submitted
plans. The applicant requests modification of Condition 1, as the applicant has
acquired an additional parcel adjacent to Great Neck Road and desires to use
that parcel for additional parking. The applicant has provided a revised site plan
for the installation of additional parking.
. Considerations:
The Modification to the Conditional Use Permit for the expansion of parking in a
newly acquired section of property in the northwest corner of the site will not
have any negative impacts. The provision of additional parking spaces for this
church will avoid any potential overflow of parking into the surrounding area. The
revisions to the parking are shown on a revised site plan shown in the attached
staff report.
The Planning Commission placed this item on the consent agenda because the
additional parking will reduce the potential for negative impacts on the
surrounding area from overflow parking and there was no opposition to the
proposal.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. All conditions with the exception of Number 1 attached to the Conditional Use
Permit granted by the City Council on October 14, 2003 remain in affect.
2. Condition Number 1 of the October 14,2003 Conditional Use Permit is
deleted and replaced with the following:
1000 N. GREAT NECK ROAD, L.L.C.
Page 2 of 2
The site shall be developed in accordance with the submitted plans titled
"WAVE CHURCH; Great Neck Road; Virginia Beach, Virginia, SITE
PLAN", prepared by Tymoff & Moss Architects, dated June 26, 2008. Said
plans have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning.
The following exception to the plan shall apply:
3. The following shall be considered an additional condition of the October 14,
2003 Use Permit:
Provide a reservation of 5 feet along N. Great Neck Road for the ultimate
right-of-way of 120 feet, in accordance with the Master Transportation
Plan amended 10/12/04.
. 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. y \ ~~
I I II
1000 N. GREAT
NECK ROAD, LLC
Agenda Item 17
November 12, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of the Conditional Use Permit
approved by the City Council on October 14,
2003 for a church.
ADDRESS I DESCRIPTION: 1000 North Great Neck Road.
GPIN:
24081377690000
COUNCIL ELECTION DISTRICT:
LYNNHAVEN
SITE SIZE:
21.513 acres
934,296 square feet
SUMMARY OF REQUEST
The Conditional Use Permit permitting a church was approved
by the City Council on October 14, 2003. The Conditional Use
Permit has eight (8) conditions (see below). Condition 1 requires the site to be developed in accordance
with the submitted plans. The applicant requests modification of Condition1, as the applicant has acquired
an additional parcel along Great Neck Road to be used for additional parking. The applicant has provided
a revised site plan for the installation of additional parking.
This application previously had included two additional requests relating to signs. One was for the
replacement of the existing self -standing marquee sign located at the corner of Great Neck Road and
Old Donation Parkway with a new self-standing electronic message type sign using light-emitting diode
(LED) technology. The other request for a building mounted sign on the Phase II building nearing
completion of its construction. Both of these items have been removed from this application and will be
reviewed by the Board of Zoning Appeals.
Conditions of the 2003 Use Permit:
1. The site shall be developed in accordance with the submitted plans titled "VIRGINIA BEACH
CHRISTIAN LIFE CENTER, Virginia Beach, Virginia, Conditional Use Permit Exhibit", prepared
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 1
by Tymoff & Moss Architects and NDI, LLC Basgier and Associates Division, dated August 22,
2003. Said plans have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning. The applicant shall install a right-turn lane from Great
Neck Road as part of the Phase 2 improvements.
2. The proposed building additions and renovation of the existing sanctuary shall be constructed in
accordance with the submitted plans titled "VIRGINIA BEACH CHRISTIAN LIFE CENTER,
Virginia Beach, Virginia, Exterior Elevations", prepared by Tymoff & Moss Architects, dated July
8, 2003. Said plan has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning.
3. The applicant shall install connecting sidewalks from Old Donation Parkway and Great Neck
Road to the main entrance of the building and to the recreational fields. The location of the
sidewalks shall be determined during detailed site plan review of each phase of the project.
4. The applicant shall submit a tree preservation I restoration plan with the development of Phase II
Recreational Fields and install Category IV landscaping, where needed, within the proposed
twenty-foot buffer along the southern boundary of the site adjacent to the Michaels's Glenn and
Great Neck Pines residential neighborhoods and the eastern boundary of the site adjacent to the
Forest Park residential neighborhood and the City of Virginia Beach property.
5. The applicant shall submit a photometric lighting plan indicating the number and types of lighting
as part of the formal site plan submission for review by the Police Department to determine
conSistency with Crime Prevention through Environmental Design (CPTED) principles and
practices. All fixtures shall be of an appropriate height and design so as to prevent any direct
reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the
ground and not horizontally or up in the air.
6. The recreational fields shall be gated from sundown to sunrise. There shall be no lighting of the
recreational fields. There shall be no roadway installed along the edge of the recreational fields.
The recreational fields shall not be used for overflow parking for any events associated with the
church.
7. The existing stormwater management facility shall be cleared of trash and debris during the
Phase I construction, and Category I screening shall be installed on top of the bank on the
western side of the facility, before a Certificate of Occupancy is approved for the addition.
8. The church shall install trash receptacles throughout the parking lots. There shall be one trash
receptacle for every 3,500 square feet of parking area.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church and associated parking occupy the site.
SURROUNDING LAND
USE AND ZONING:
North:
. Princess Anne Memorial Park (cemetery) / R-10 Residential
District
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 2
I I II
South:
. Across Old Donation Parkway, single-family dwellings / R-10
Residential District
. Single-family dwellings / R-10 Residential District
. Across Great Neck Road, single-family dwellings / R-20
Residential District
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is impervious, as it is developed with a structure
and parking lot. There are no known significant natural resources or
cultural features on this site.
AICUZ:
The site is in an AICUZ of 65 to 70 dB Ldn and 70 to 75 dB Ldn
surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): N. Great Neck
Road is a four-lane suburban arterial in the vicinity of this site. N. Great Neck has a variable right-of-way
width, and the Master Transportation Plan shows a divided highway with a bikeway and an ultimate right-of-
way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road.
PW / ENG requests a dedication of 5 feet such that the ultimate R/W of 120 feet, in accordance with the
Master Transportation Plan amended 10/12/04 is achieved.
Old Donation Road is a four-lane collector in the vicinity of this site. Old Donation Road has a right-of-way
width of 110 feet. This roadway is not included in the Master Transportation Plan. There are currently no CIP
projects scheduled for this segment of Old Donation Road.
The addition of the 61 parking spaces will have no additional impact on traffic.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Great Neck Road 32,755 ADT 1 30,600 ADT ; 1,600 Peak Existing Land Use"-
1 ,499 Peak Hour (Level of Service "D") 612 (weekdays) ADT
Hour Capacity and 2,461 (Sundays)
32,800 ADT 1 ; 1,710 Peak Proposed Land Use 3 -
Hour (Level of Service "E") No change.
Old Donation 7,314 ADT 1 13,100 ADT 1; 680Peak
Road 381 Peak Hour (Level of Service "C")
Hour 20,700 ADT 1 ; 1,080 Peak
Hour (Level of Service "D")
Caoacitv
,
Average Dally Trips
2 as defined by existing church
3 as defined by existing church. Additional parking does not affect trips generated.
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 3
WATER: This site currently connects to City water. The existing 1-inch and 2-inch domestic meter (City ID
#95028216 and 95040930) can be used or upgraded to accommodate the development. Also, the existing 6-
inch detector check (City ID #95046245) can be used or upgraded to accommodate the development.
SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #228 and the sanitary
sewer collection system is required to ensure future flows can be accommodated.
STORMWATER MANAGEMENT: Additional storm water management should be incorporated with the site
expansion. Coordination of the storm water shall be during site plan review.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this requested modification with the conditions below.
Evaluation:
The Modification to the Conditional Use Permit for the expansion of parking in a newly acquired section of
property in the northwest corner of the site will not have any negative impacts. The revisions to the
parking are shown on a revised site plan submitted with the application.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on October 14, 2003 remain in affect.
2. Condition Number 1 of the October 14,2003 Conditional Use Permit is deleted and replaced with the
following:
The site shall be developed in accordance with the submitted plans titled "W AVE CHURCH; Great
Neck Road; Virginia Beach, Virginia, SITE PLAN", prepared by Tymoff & Moss Architects, dated
June 26, 2008. Said plans have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Department of Planning.
The following exception to the plan shall apply:
3. The following shall be considered an additional condition of the October 14,2003 Use Permit:
a. Provide a reservation of 5 feet along N. Great Neck Road for the ultimate right-of-way of 120
feet, in accordance with the Master Transportation Plan amended 10/12/04.
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 4
,I I II
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.
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 5
/l.ERI/l.L Of 511'E LOC/l.1'ION
1000 NORlr\ GREAl NECK ROAO, LLC
Agenda \tero '\ 7
page E
,I I II
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PROPOSED SITE PLAN
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 7
M80A;!~fi-~cale 1000 N. Great Neck Rd., LLC
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Modification of Conditions
1 11/22/05 Conditional Use Permit (Communications Tower) Granted
10/14/03 Conditional Use Permit (Church Expansion)
12/05/95 Conditional Use Permit (Church Expansion)
07/13/93 Conditional Use Permit (Pre-school)
OS/21/84 Conditional Use Permit (Church Expansion)
08/09/82 Conditional Use Permit (Church Expansion)
04/26/76 Conditional Use Permit (Church)
1a 05/15/78 Conditional Use Permit (Cemetery) Granted
2 09/14/93 Subdivision variance Granted
3 07/07/92 Conditional Use Permit (Pre-school) Granted
ZONING HISTORY
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 8
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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)
Please see attached
2. List all businesses that have a parent-subsidiary1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
Please see attached
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
0 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?
MOdification of Conditions Application
Page 1001 11
Revised 7t3/07
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 9
~ 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)
Tymoff & Moss Architects
Hourigan Construction Company
Nnl R""gi..r An A""nd"t.."
1 "Parent-subsidiary relationship. means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
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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Modification of Conditions Application
Page 11 01 11
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1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 10
Disclosure Statement
1. Applicant Name and officers:
1000 N. Great Neck Road, LLC.
Managing Member: Wave Holdings, Inc.
President: Stephen G. Kelly
Vice President: Sharon B. Kelly
SecretarylTreasurer: Josh Kicker
2. List all Businesses that have a narent-subsidiarv or
affiliated business entity relationship with applicant:
a. Wave Church, Inc.
b. Wave Holdings, Inc.
c. Seaboard Road, LLC.
d. Wave Children's Learning Centers, LLC.
e. Wave Leadership Institute, LLC.
f. Wave Transportation, LLC.
g. Wave Publishing, LLC.
h. Wave Trademarks, LLC.
DISCLOSURE STATEMENT
1000 NORTH GREAT NECK ROAD, LLC
Agenda Item 17
Page 11
1,1
- 38-
Item JI-J.2.
PUBUC HEARING
ITEM # 45260 (Continued)
PLANNING
Votmg: 8-3
Council Members Voting Aye.
Margaret L Eure, William W. Harrison. Jr. Barbara M. Henley, LouIS R
Jones. Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K Parker,
and A. M "Don" Weeks
Council Members Votmg Nay.
Lmwood O. Branch, III. Harold HelSchober and Vice Mayor William D
Sessoms. Jr.
CounCil Members Absent.
None
July 13. /999
- 37-
Item V-J 2.
PUBLIC HEARING
ITEM # 45260
PLANNING
BIlly Garnngton, 471 &uthside Road. represented the applicant
Upon motion by CouncIlman Weeks, seconded by CounCilman Hamson, City CounCil ADOPTED, AS
CONDITIONED, ADDING CONDITION #5. Ordinance upon Application of JOYNT ENTERPRISES,
INC, (PEMBROKE A UTO SALES) for a Conditional Use Pemll/
ORDINANCE UPON APPliCATION OF JOYNT ENTERPRISES. INC..
(PEMBROKE AUTO SALES) FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES (EXPANSION) R07992287
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatIOn of Joynt Enterprises. Inc, (Pembroke Auto
Sales) for a Conditional Use Permltfor Motor VehIcle Sales (Expansion) at
the southeast corner ofVIT"glnla Beach Boulevard and Kellam Road (GPIN
#1477-35-0086) Said parcel is located at 4753 VirginIa Beach Boulevard
and contains 30,000 square feet more or less KEMPSVILLE - DISTRICT 2
The following conditions shall be required:
1. Foundation screening. in accordance with the Site Plan
Ordinance SectIOn SA, must be installed. The screening may be
either in the form of landscape beds or planters If planters are
utIlized. the plants must meet the same requirements as those In
the landscape beds.
1. Two Crape Myrtles, five to sixfeet In height, shall be added to the
landscape bed at the Northwest corner of/he site adjacent to the
Intersection of Virginia Beach Boulevard and Kellam Road.
3. No outside speaker systems Will be permitted
4. The proposed addition Will be designed and built to match the
exIsting bUIlding In color and materials
5. The "o"co"formi"gfreesta"di"g ifig" must be removedfrom the
site or brought i"to co"forma"ce with the City Zo"i"g
Ordi"a"ce.
ThIS Ordinance shall be effective in accordance with Section 107 (f) of the Zomng Ordinance.
Adopted by the CouncIl of the CIty of Virginia Beach. Virgin/a, on the Thirteenth of Julv. Nineteen Hundred
and Ninety-Nine
July 13, 1999
II
- 34-
Item IV-K.J.
PLANNING
ITEM #48525
Upon motIOn by VIce Mayor Sessoms. seconded by CouncIlman Branch, CIty CouncIl MODIFIED
CONDIT/ON NO.5, on the July 13. 1999 approved CondItIOnal Use PermIt for JOYNT ENTERPRISES,
INC., re a SIgn for motor vehIcle sales and servIce
ORDINANCE UPON APPLICATION OF JOYNT ENTERPRISES. INC,
FOR MODIFICATION OF CONDITIONS PLACED ON THE
CONDITIONAL USE PERMITOF JUL Y 13, 1999 FOR MOTOR VEHICLE
SALES AND SER VICE
Ordinance upon applIcatIOn of Joynt EnterprIses, Inc. for ModificatIOn
of CondItIOns placed on the CondItIOnal Use Penmt of July 13, 1999 for
motor vehIcle sales and servIce at the southeast comer of VIrginIa Beach
Boulevard and Kellam Road (GPIN #1477-35-0086) SaId parcel IS
located at 4753 Vlrglma Beach Boulevard and contaIns 30.000 square feet
DISTRICT 4 0 BA YSIDE
The follOWing condItIOns shall be reqUIred
1 CondItIOns 1 through 4 of the Conditional Use Permit approved
July 13. 1999, shall remain In effect for the sIte
2 Condition 5 IS modified as follows
The exIsting freestanding sIgn IS to be removed The applIcant
may Install afreestandlng sIgn that conforms to the submItted sIgn
plan prepared by SIgnet SIgn Company. tItled PEMBROKE, and
desIgned by Don GalVin The proposed freestanding SIgn shall not
exceed a heIght of 15-feet and 75 square feet per face
Voting
9-0 (By Consent)
CounCIl Members Voting Aye
Linwood 0 Branch, III. W,ll,am W Hamson, Jr ,Barbara M Henley.
LouIS R Jones. Reba S McClanan, Robert C MandIgo. Jr. Mayor
Meyera E Obemdorf. Nancy K Parker and Rosemary WIlson
CounCIl Members Voting Nay
None
Council Members Abstaining
V,ce Mayor WIllIam D Sessoms. Jr
CounCIl Members Absent
Margaret L Eure
V,ce Mayor Sessoms ABSTAINED on Item K 3 (JOYNT ENTERPRISES, INC.) and dISclosed he IS an
officer m Wachovla Bank and the applIcant does busmess WIth the bank
August 14,2001
JOYNT ENTERPRISES
Joynt Enterprise, Inc.
Va Pembroke Suzuki
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Modification of Conditions
Relevant Information:
· Kempsville District
· The applicant requests a Modification of a 1999 Conditional Use
Permit to allow re-use of the site as a Suzuki dealership.
· The applicant will renovate the fa~ade of the building and make
improvements to the site.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI, Modification of a
Conditional Use Permit, auto sales and service, 4753 Virginia Beach Boulevard
(GPIN 1477350086). KEMPSVILLE DISTRICT.
MEETING DATE: December 2,2008
. Background:
The Conditional Use Permit allowing motor vehicle sales and service was
approved by the City Council on July 13, 1999 and was modified by the City
Council on August 14, 2001. Condition 4 of the Use Permit requires the building
addition be designed to match the existing building in regard to both colors and
materials. Condition 5 requires the freestanding sign to adhere to the sign plan
prepared by a specific sign company and designer. The applicant is opening a
new motor vehicle franchise, and is requesting a modification to Conditions 4 and
5 because the building exterior and signage for the new franchise are different
than what was previously approved.
. Considerations:
The applicant has obtained a new automobile franchise, Suzuki. This request to
modify the Use Permit will allow building additions and refurbishing and painting
of the exterior of building which will result in a more attractive building than
currently exists on site. The proposed additions for a showroom and expanded
parts / service area will be located over existing impervious area, thus not
increasing the impervious area on the site. Based upon the City Zoning
Ordinance, sufficient parking is provided to accommodate the new facility.
The applicant will close the two vehicular entrances closest to the intersection of
Virginia Beach Boulevard and Kellam Road (one on Virginia Beach Boulevard
and one on Kellam Road). Additionally during staff's visit to the site it was noted
that Condition 2 of the original use permit has not been met:
Two Crape Myrtles, five to six feet in height, shall be added to the
landscape bed at the Northwest corner of the site adjacent to the
intersection of Virginia Beach Boulevard and Kellam Road.
Staff is requiring additional landscaping along the rights-of-ways as part of this
modification request.
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Page 2 of 3
Overall, the proposed changes enhance the appearance and function of the site,
and are consistent with the recommendations of the Comprehensive Plan for this
area.
The Planning Commission placed this item on the consent agenda because the
proposal will enhance the appearance and function of the site and there was no
opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. All conditions with the exception of Number 4 and Number 5 attached to the
modified Conditional Use Permit granted by the City Council on August 14,
2001 remain in affect.
2. Condition Number 4 and Number 5 of the August 14, 2001 Conditional Use
Permit are deleted and replaced with the following:
4. The site shall be developed in substantial conformance with the
submitted site plan entitled "Concept Plan; Pembroke Suzuki",
prepared by Gallup Surveyors & Engineers, LTD., and dated
September 2, 2008, with the exception of the proposed signage and
additional street frontage landscaping. Said plan has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
5. The proposed building modifications shall be constructed substantially
in accordance with the submitted elevations. Said elevations have
been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Planning Department.
6. Any existing or new freestanding signs shall not exceed a height of 15
feet and 75 square feet per face.
7. The parking lot shall be striped in accordance with the approved plan.
Vehicles shall be parked in the designated areas, and no vehicles shall
be parked within any portion of the public right-of-way. Vehicles shall
not be displayed on raised platforms.
8. The applicant shall provide to the Planning Department / Current
Planning a plan for landscaping along the right-of-ways for review and
approval.
9. No advertising banners, streamers, balloons, pennants or similar
devices shall be permitted on any vehicles or the site. There shall be
no signs in excess of four (4) square feet installed or displayed on the
exterior or interior of the windows of the building.
10. The existing entrances to the site located closest to the intersection of
Virginia Beach Boulevard and Kellam Road shall be closed. The
II
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Page 3 of 3
applicant shall work with the Planning Department I Current Planning
and Public Works I Traffic Engineering staffs to determine an adequate
means of closure.
. 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: ~ \( .~n>i
JOYNT
ENTERPRISES,
INC. TIA
PEMBROKE
SUZUKI
Agenda Item 4
November 12,2008 Public Hearing
Staff Planner: Faith Christie I Leslie Bonilla
REQUEST:
Modification of the Conditional Use Permit approved by the City Council on July 13, 1999 and modified on
August 14, 2001 for motor vehicle sales and service.
ADDRESS I DESCRIPTION: 4753 Virginia Beach Boulevard
GPIN:
14773500860000
COUNCIL ELECTION DISTRICT:
KEMPSVILLE
SITE SIZE:
42,352 square feet
SUMMARY OF REQUEST
The Conditional Use Permit allowing motor vehicle sales and
service was approved by the City Council on July 13, 1999.
The Conditional Use Permit has 5 conditions:
1. Foundation screening, in accordance with the Site Plan Ordinance Section 5A, must be installed.
The screening must be either in the form of landscape beds or planters. If planters are utilized,
the plants must meet the same requirements as those in the landscape beds.
2. Two Crape Myrtles, five to six feet in height, shall be added to the landscape bed at the
Northwest corner of the site adjacent to the intersection of Virginia Beach Boulevard and Kellam
Road.
3. No outside speaker systems will be permitted.
4. The proposed addition will be designed and built to match the existing building in color and
materials.
5. The nonconforming freestanding sign must be removed from the site or brought into conformance
with the City Zoning Ordinance.
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Agenda Item 4
Page 1
II
The Conditional Use Permit was modified on August 14, 2001:
1. Conditions 1 through 4 of the conditional use permit approved July 13, 1999 shall remain in effect
for the site.
2. Condition 5 is modified to the following:
The existing freestanding sign is to be removed. The applicant may install a freestanding sign
that conforms to the submitted sign plan prepared by Signet Sign Company, titled Pembroke,
and design by Don Galvin. The proposed freestanding sign shall not exceed a height of 15
feet and 75 square feet per face.
Condition 4 requires the building addition be designed to match the existing building in regard to both
colors and materials. Condition 5 requires the freestanding sign to adhere to the sign plan prepared by a
specific sign company and designer. The applicant has a new motor vehicle franchise, and is requesting
a modification to Conditions 4 and 5 because the building exterior and signage are different than what
was previously approved.
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Pembroke Auto Sales
SURROUNDING lAND
USE AND ZONING:
North:
. Virginia Beach Boulevard
. Across Virginia Beach Boulevard are office and retail buildings /
B-3 Central Business District & B-4C Central Business Mix Use
District
. Vacant shopping center (formerly Builders Square and
Gateway Computers) / B-3 Central Business District
. Kellam Road
. Across Kellam Road is a retail building / B-3 Central Business
District
South
and East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard in front of this application is an eight-lane divided major urban arterial. The Master
Transportation Plan (MTP) proposes a divided facility within an existing 150-foot right-of-way section.
Kellam Road next to this application is a two-lane undivided collector. This roadway is not in the Master
Transportation Plan.
No Capital Improvement Program (CIP) projects are slated to impact the roadways surrounding this
property.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 40,288 ADT ' 56,240 ADT ' Existing Land Use ~ -
Boulevard 183 ADT
Proposed Land Use 3 -
243 ADT
Kellam Road 3,719 ADT ' 9,900 ADT 11 AM Peak Hour
Vehicles (entering)
8 PM Peak Hour
Vehicles (entering)
Average Dally Tnps
2 as defined by 5,487 square feet of car sales
3 as defined by 7,300 square feet of car sales
PUBLIC WORKS I TRAFFIC ENGINEERING:
(1) Physically remove the two access points nearest the intersection. This department realizes
that both of these entrances are currently gated off; however, these gates can be removed at
any time for full functional use. To keep this from happening, the entrances must be
completely removed.
(2) The remaining two access points must be in accordance with the City of Virginia Beach Public
Works Specification and Standards for dimensions and entrance type. It must be noted that
the revised entrance dimensions will inherently give the applicant additional parking spaces,
which appears to be needed for inventory vehicles.
(3) Provide a 30-foot entrance throat length on the remaining two access points, measured from
the right-of-way line to the first internal aisle way or parking space. Since both roadways are at
their ultimate right-of-way width, the measurement may be taken from the edge of roadway.
This modification, however, may require the remaining entrance on Kellam Road to be shifted
further south to be away from the building and in line with a drive aisle.
WATER and SEWER: The site is connected to City water and sewer.
SCHOOLS: Schools populations are not affected by this request.
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 3
I i I;
II
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
Comprehensive Plan:
The Comprehensive Plan map identifies this site as being within Strategic Growth Area #4 (SGA#4), West
Pembroke Sub-area. The West Pembroke Sub-area of the larger SGA #4 area comprises a mixture of
older single story commercial and industrial-related businesses with outdoors storage, limited parking,
and few sidewalks. Land use recommendations for this sub-area include a vertical mix of mid to high-rise
residential uses, a variety of compatible higher value non-residential uses such as office, retail, open
space, entertainment, educational and similar urban activities. The long-term land use pattern
recommended for the West Pembroke Sub-area is one that transforms the current low-intensity land uses
to one of a significantly higher intensity of compatible mixed urban land uses and greater economic
investment potential.
Evaluation:
The applicant has obtained a new automobile franchise, Suzuki. This request is to allow building additions
and refurbishing and painting of the exterior of building which will result in a more attractive building than
currently exists on site. The proposed additions for a showroom and expanded parts / service area will be
located over existing impervious area, thus not increasing the impervious area on the site. Based upon
the City Zoning Ordinance, sufficient parking is provided to accommodate the new facility.
During review of the proposal, Staff has looked at options to enhance traffic flow into and out of site. The
applicant proposes to slightly increase building size and ultimately increase average daily trips to the site.
Consistent with Traffic Engineering comments, the applicant will close the two entrances closest to the
intersection of Virginia Beach Boulevard and Kellam Road (one on Virginia Beach Boulevard and one on
Kellam Road). Additionally during staffs visit to the site it was noted that Condition 2 of the original use
permit has not been met:
Two Crape Myrtles, five to six feet in height, shall be added to the landscape bed at the
Northwest corner of the site adjacent to the intersection of Virginia Beach Boulevard and Kellam
Road.
Staff will require additional landscaping along the rights-of-ways as part of this modification request.
This request to modify the existing sign to accommodate the proposed use is in keeping with the intent of
the original City Council approval. Staff notes that while the applicant is entitled to a freestanding sign not
to exceed a height of 15 feet and 75 square feet per face (per a past court decision), the submitted site
plan depicts a proposed 12-foot sign on the site. Staff will further discuss the sign issues with the
applicant during detailed plan review.
Overall, the proposed changes enhance the appearance and function of the site. Staff, therefore
recommends approval of this application subject to the following conditions.
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Agenda Item 4
Page 4
CONDITIONS
1. All conditions with the exception of Number 4 and Number 5 attached to the modified Conditional Use
Permit granted by the City Council on August 14, 2001 remain in affect.
2. Condition Number 4 and Number 5 of the August 14, 2001 Conditional Use Permit are deleted and
replaced with the following:
4. The site shall be developed in substantial conformance with the submitted site plan entitled
"Concept Plan; Pembroke Suzuki", prepared by Gallup Surveyors & Engineers, LTD., and
dated September 2,2008, with the exception of the proposed signage and additional street
frontage landscaping. Said plan has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Planning Department.
5. The proposed building modifications shall be constructed substantially in accordance with the
submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council
and are on file with the Virginia Beach Planning Department.
6. Any existing or new freestanding signs shall not exceed a height of 15 feet and 75 square feet
per face.
7. The parking lot shall be striped in accordance with the approved plan. Vehicles shall be
parked in the designated areas, and no vehicles shall be parked within any portion of the
public right-of-way. Vehicles shall not be displayed on raised platforms.
8. The applicant shall provide to the Planning Department / Current Planning a plan for
landscaping along the right-of-ways for review and approval.
9. No advertising banners, streamers, balloons, pennants or similar devices shall be permitted
on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed
or displayed on the exterior or interior of the windows of the building.
10. The existing entrances to the site located closest to the intersection of Virginia Beach
Boulevard and Kellam Road shall be closed. The applicant shall work with the Planning
Department / Current Planning and Public Works / Traffic Engineering staffs to determine an
adequate means of closure.
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.
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Agenda Item 4
Page 5
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JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
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PROPOSED BUILDING ELEVATION
JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI
Agenda Item 4
Page 9
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PHOTOGRAPH OF EXISTING BUILDING
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 10
# DATE
1. 1-2-62
10-11-82
7-13-99
8-14-01
2. 9-9-85
3-28-06
3. 2-2-87
4. 1-27-86
5. 5-9-88
6 1-10-95
7. 9-27-05
8. 12-13-05
9. 4-8-97
10. 10-10-06
5-1 0-05
11 . 6-28-08
3-9-04
12. 2-8-00
DESCRIPTION
Rezoning (R-S3 to C1)
Conditional Use Permit (tune and lube)
Conditional Use Permit (motor vehicle sales and service)
Modification of Conditional Use Permit
Conditional Use Permit (auto service)
Rezonin B-2 to Conditional B-4C
Conditional Use Permit auto sales
Conditional Use Permit outdoor stora e
Conditional Use Permit auto sales
Conditional Use Permit indoor recreational facilit
Conditional Use Permit auto repair ara e)
Conditional Use Permit assen er transportation terminal
Conditional Use Permit auto service in con.unction with convenience store
Conditional Use Permit ( multi-family dwellings)
Rezonin B-3 to B-3A
Conditional Use Permit (multi-family dwellings)
Rezonin B-3 to Conditional B-3A
Rezonin B-3 to Conditional B-3A)
2A
ACTION
Approved
Approved
Approved
A roved
Approved
A roved
A roved
Withdrawn
A roved
A roved
A roved
A roved
A roved
Approved
A roved
Approved
A roved
Ap roved
ZONING HISTORY
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 11
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,
~~rtners~tc. ~elow: (Attach list if necessary)
/7 b . ~~_'SLs ~S
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- ,
2. List all businesses that have a parent-subsidiaryl or affiliated business entity2
. r~~ I?;:;,:;ttach 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
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers. members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiaryl or affiliated business entit/
relationship with the applicant: (Attach list if necessary)
o Check here jf the proper1y owner is NOT a corporation. partnership. firm. business.
or other unincorporated organization
-_.~-- -. --_.~----
1 ~}
& ' See next pacJe for footnotes
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 12
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>-__um u_ ~-=:~=-~-_~_
G~-
~~------_. -------
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 an;J Local Government Conflict of
Interests Act, Va. Code 9 2,2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the sarne 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, V a.
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 ( btaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
aCilford g to the instructions in this package.
n. Jvi('it:~ _iJ~_lJ~JI_dL-() tfpMrLkO-)riJ__
Appl Cdllt S ~Igri'lture Print Ni'lme
-. _ ---- ----.----.. - .
! Property Owne(s Signature (if rtltf8rent than applici'llltl
Print Name
JOYNT ENTERPRISES, INC. TIA PEMBROKE SUZUKI
Agenda Item 4
Page 13
-68-
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech~ Harold Heischober, Vice
Mayor Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
7/12/82
-67-
ITEM II-H.2.k
ITEM 018469
Senator A. Joseph Canada represented the applicant
Upon motion by Councilman Heischober. seconded by Councilwoman Oberndorf.
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of AMOCO OIL COMPANY for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF AMOCO OIL
COMPANY FOR A CONDITIONAL USE PERMIT
FOR A SELF-SERVICE GAS STATION
R0782471
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Amoco Oil Company for a
Conditional Use Permit for a self-service gas station
on certain property located on the South side of Lynnhaven
Parkway beginning at a point 1126.56 feet East of Cherie
Drive. running a distance of 134.18 feet along the South
side of Lynnhaven Parkway. running a distance of 150.93
feet along the Eastern property line, running a distance
of 170 feet along the Southern property line. running a
distance of 122.82 feet along the Western property line
and running around a curve a distance of 20 feet. Said
parcel contains .546 acre. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. City water and sewer.
2. A 12-foot dedication along the frontage on Lynnhaven
Parkway, 57 feet from the centerline of the original
90-foot right-of-way to accommodate a six-lane traffic
pattern.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia. on the Twelfth day of July, 1982.
7/J7/A)
NEAL REED
Map H-8
Mo Not to SC.:lJe
#
#
#
Modification of Conditions
Relevant Information:
· Beach District
· The applicant is requesting a modification to the conditional use
permit, to allow renovation of the site and to construct a
convenience store.
· The original request for the conditional use permit did not include a
convenience store nor was a convenience store depicted on the site
plan submitted with the original request; therefore, the conditional
use permit must be modified.
· AICUZ is Greater than 75 and APZ 2.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition
· Consent Agenda
I I II II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: NEAL REED Modification of Conditions, approved by City Council on July
12,1982,798 Lynnhaven Parkway. BEACH DISTRICT
MEETING DATE: December 2,2008
. Background:
The Conditional Use Permit permitting a service station at this location was
approved by the City Council on July 12,1982. The applicant is requesting a
modification to the Use Permit, as he desires to renovate the site and construct a
convenience store. The 1982 Use Permit did not include a convenience store nor
was a convenience store depicted on the site plan submitted with the original
request; therefore, the Use Permit must be modified.
The Comprehensive Plan designates this site as being within the Strategic
Growth Area 9, West Oceana Area. All of this area is inside the AICUZ high
noise zone. Low intensity industrial uses that conform to AICUZ provisions are
suitable for the southern and eastern part of this Strategic Growth Area.
. Considerations:
The submitted preliminary site plan depicts a 24-foot by 1 DO-foot (24' x 100')
canopy with four fueling stations, a 3D-foot by 80-foot (30' x 80') convenience
store, 12 parking spaces, and required landscaping. The proposed canopy is
situated 42 feet from Lynnhaven Parkway and 44 feet from Lishelle Place. The
proposed convenience store is positioned 114 feet from Lynnhaven Parkway and
60 feet from Lishelle Place.
The proposed convenience store is one-story in height. The roof will be charcoal
grey or black architectural grade shingles. The exterior of the building will be
reddish brown brick veneer. The building trim is white wood. White tapered
columns support a pediment of white exterior insulation finish system (EIFS)
providing architectural interest. The proposed canopy is of the same roofing
shingles as the building and is supported by brick veneer columns.
This area of the city is a mix of retail, office, and industrial uses. Continued
maintenance and or renovation of conforming uses to keep pace with customer
demands are desirable in all parts of the city. The applicant proposes to renovate
the site, add landscaping to the site, and construct a higher quality building and
canopy than currently exists.
NEAL REED
Page 2 of 3
The Planning Commission placed this item on the consent agenda because the
proposal redevelops to a higher quality level a site located on one of the city's
primary thoroughfares, the proposal is consistent with the recommendations of
the Comprehensive Plan, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The site shall be redeveloped in accordance with the submitted
"Preliminary Site Plan of Convenience Store Addition, 798 Lynnhaven
Parkway & Lishelle Place, Virginia Beach, Virginia", dated October 15,
2008, and prepared by Land Design and Development, Inc. Minor
adjustments to the site layout due to the Lynnhaven Parkway CIP project
may be approved by the Planning Director. Said plan has been exhibited
to the City of Virginia Beach City Council and is on file on the Planning
Department.
2. The proposed convenience store and canopy shall be constructed
substantially in accordance with the submitted floor plan and elevations
entitled "Reed Enterprises Convenience Store, Lynnhaven Parkway &
Lishelle Place, Virginia Beach, Virginia", dated September 9,2008, and
prepared by Neil E. Bristow Architect. Said plan has been exhibited to the
City of Virginia Beach City Council and is on file on the Planning
Department.
3. The dumpster enclosure shall be enclosed with a solid brick wall to match
the building and landscaping, in accordance with Section 245( e) of the
Zoning Ordinance.
4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted
during detailed site plan review. Said plan shall include the location of all
pole-mounted and building-mounted lighting fixtures, and the listing of
lamp type, wattage, and type of fixture. Lighting shall overlap and be
uniform throughout the parking area. All lighting on the site shall be
consistent with those standards recommended by the Illumination
Engineering Society of North America. The plan shall include provisions
for implementing low-level security lighting for non-business hours.
5. Signage for the site shall be limited to:
a. Traffic control signs;
b. One monument-style freestanding sign, no more than eight (8) foot
in height, set on a three (3) foot brick base to match the brick of the
building;
NEAL REED
Page 3 of 3
c. Two building or canopy signs;
d. No signage in excess of a total of four (4) square feet of the glass
area of the building shall be permitted;
e. There shall be no other signs, neon signs or neon accents installed
on any wall area of the exterior of the building, windows and / or
doors, canopy, light poles, or any other portion of the site.
6. Pedestrian walkway(s) to the convenience store shall be provided from
any required sidewalks in the public rights of way in accordance with
Section 246(d) of the Zoning Ordinance.
7. No outdoor vending machines and / or display of merchandise shall be
allowed.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
CityManag~ iL ,~
REQUEST:
A
,.
NEAL REED
Agenda Item 12
November 12, 2008 Public Hearing
Map H-8
1"'1 I~"t':> 5.-~ ~
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Staff Planner: Faith Christie
Modification of the Conditional Use Permit
approved by the City Council on July 12, 1982 for
service station.
Modification of Conditions
ADDRESS I DESCRIPTION: 798 Lynnhaven Parkway
GPIN:
14964475070000
COUNCIL ELECTION DISTRICT:
BEACH
SITE SIZE:
23,785 square feet
SUMMARY OF REQUEST
The Conditional Use Permit permitting a service station at this
location was approved by the City Council on July 12, 1982. The Conditional Use Permit has two
conditions:
1. City sewer and water.
2. A 12 foot dedication along the frontage on Lynnhaven Parkway, 57 feet from the center line of the
original 90 foot right of way to accommodate a six lane traffic pattern.
The applicant is requesting a modification to the conditional use permit, because he desires to renovate
the site and construct a convenience store. The original request for the conditional use permit did not
include a convenience store nor was a convenience store depicted on the site plan submitted with the
original request; therefore, the conditional use permit must be modified.
The submitted preliminary site plan depicts a 24-foot by 1 DO-foot (24' x 100') canopy with four fueling
stations, a 30-foot by 80-foot (30' x 80') convenience store, 12 parking spaces, and required landscaping.
The proposed canopy is situated 42 feet from Lynnhaven Parkway and 44 feet from Lishelle Place. The
proposed convenience store is positioned 114 feet from Lynnhaven Parkway and 60 feet from Lishelle
Place.
The proposed convenience store is one-story in height. The roof will be charcoal grey or black
architectural grade shingles. The exterior of the building will be reddish brown brick veneer. The building
NEAL REED
Agenda Item 12
Page 1
i I
trim is white wood. White tapered columns support a pediment of white exterior insulation finish system
(EIFS) providing architectural interest. The proposed canopy is of the same roofing shingles as the
building and is supported by brick veneer columns.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Automobile gasoline station with a 145 square foot kiosk.
SURROUNDING LAND
USE AND ZONING:
North: .
.
South: .
.
East: .
West: .
.
Lynnhaven Parkway
TGI Fridays restaurant I B-2 Community Business
Lishelle Place
Across Lishelle Place is Chucky Cheese I B-2 Community
Business
TGI Fridays restaurant I B-2 Community Business
Lynnhaven Parkway and Lishelle Place
Across Lynnhaven Parkway is Wendy's restaurant I B-2
Community Business
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural features associated with the
site.
The site is in an AICUZ of Greater than 75 dB Ldn and an Accident
Potential Zone II surrounding NAS Oceana. The use is compatible with
airfield operations.
AICUZ:
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Holland
Road in the vicinity of this application is a six-lane minor urban arterial. There is a roadway widening
project for Lynnhaven Parkway currently under construction that will widen Lynnhaven Parkway to six
lanes from Lishelle Place to Holland Road. This development falls within the project area. The frontage
of the gas station site will be reconstructed sometime during the next three years as part of this roadway
project.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Lynnhaven 31,176 ADT 42,100 ADT 1 Existing Land Use:.!-
Parkway 1,348 ADT (110 P.M.
peak hour trips)
Proposed Land Use 3 -
2,840 ADT (232 P.M.
oeak hour trips)
NEAL REED
Agenda Item 12
Page 2
1 Average Daily Trips
2 as defined by eight (8) fueling stations
3 as defined by 2,400 square foot convenience store and eight (8) fueling stations
WATER: The site has an existing 1-inch water meter which may be used or upgraded. There is a 16-inch City
water main in Lynnhaven Parkway, and an eight-inch City water line in Lishelle Place.
SEWER: The applicant shall provide an analysis of Pump Station #527 and the sanitary sewer collection
system is required to ensure future flows can be accommodated. There is an 8-inch City gravity sanitary sewer
main in Lishelle Place.
SCHOOLS: School populations are not affected by the request.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the Strategic Growth Area 9, West Oceana
Area. All of this area is inside the AICUZ high noise zone. Low intensity industrial uses that conform to
AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area.
Evaluation:
Staff recommends approval of the request to modify the conditional use permit approved by City Council
on July 12, 1982. The site is located within Strategic Growth Area 9, West Oceana Area. The area is a
mix of retail, office, and industrial uses. Continued maintenance and or renovation of conforming uses to
keep pace with customer demands are desirable in all parts of the city. The applicant proposes to
renovate the site and add a convenience store, new gasoline pump stations, and new canopy to the site.
The proposed redevelopment adds landscaping to the site and a high quality building and canopy with
regard to building materials. The conditions attached to the original Conditional Use Permit have been
met and no longer apply. Staff recommends the conditions listed below for the renovation of the site and
construction of the convenience store, gasoline pumps, and canopy.
CONDITIONS
1. The site shall be redeveloped in accordance with the submitted "Preliminary Site Plan of Convenience
Store Addition, 798 Lynnhaven Parkway & Lishelle Place, Virginia Beach, Virginia", dated October 15,
2008, and prepared by Land Design and Development, Inc. Minor adjustments to the site layout due to
the Lynnhaven Parkway CIP project may be approved by the Planning Director. Said plan has been
exhibited to the City of Virginia Beach City Council and is on file on the Planning Department.
2. The proposed convenience store and canopy shall be constructed substantially in accordance with the
submitted floor plan and elevations entitled "Reed Enterprises Convenience Store, Lynnhaven
NEAL REED
Agenda Item 12
Page 3
Parkway & Lishelle Place, Virginia Beach, Virginia", dated September 9,2008, and prepared by Neil E.
Bristow Architect. Said plan has been exhibited to the City of Virginia Beach City Council and is on file
on the Planning Department.
3. The dumpster enclosure shall be enclosed with a solid brick wall to match the building and
landscaping, in accordance with Section 245(e) of the Zoning Ordinance.
4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review.
Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, and the
listing of lamp type. wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parking area. AI/lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The plan shall include provisions for implementing
low-level security lighting for non-business hours.
5. Signage for the site shall be limited to:
a. Traffic control signs;
b. One monument-style freestanding sign, no more than eight (8) foot in height, set on a three (3)
foot brick base to match the brick of the building;
c. Two building or canopy signs;
d. No signage in excess of a total of four (4) square feet of the glass area of the building shall be
permitted;
e. There shall be no other signs. neon signs or neon accents installed on any wall area of the
exterior of the building, windows and I or doors, canopy, light poles, or any other portion of the
site.
6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the
public rights of way in accordance with Section 246(d) of the Zoning Ordinance.
7. No outdoor vending machines and / or display of merchandise shall be allowed.
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.
NEAL REED
Agenda Item 12
Page 4
AERIAl. Of srtE 1.0CA110N
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PROPOSED SITE PLAN
NEAL REED
Agenda Item 12
Page 6
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NEAL REED
Agenda Item 12
Page 7
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NEAL REED
Agenda Item 12
Page 8
A-Jap 11-8
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l'...lodification of Conditions
.____...__._~....m
1. 7/12/82 Conditional Use Pe
5/21/79 Rezoning (A-2 Apa
--...-.-...........
2. 10/12/93 Conditional Use Pe
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Approved
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rmit (Service Station)
rtment to_~=?mggl!lmunity Business)
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ZONING HISTORY
NEAL REED
Agenda Item 12
Page 9
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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)
ij';al Reed
2. List all businesses that have a parent-subsidiari or affiliated business entit,!
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if properly owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiaryl or affiliated business entit'!
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
Modification of Conaltions Application
Page 100fl1
Revised 911/2004
NEAL REED
Agenda Item 12
Page 10
"'"
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)
Land Design & Development, Inc
Leonard Devine, Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
Ron Morrison, William E, Wood & Associates
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 9 2.2-3101,
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va,
Code 9 2,2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package,
" . AP~::i2L-t~
Neal Reed
Pnnt Name
Property Owner's Signature (if different than applicant)
Print Name
Modification of Conditions Application
Page 11 of 11
Revised 9/1/2004
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NEAL REED
Agenda Item 12
Page 11
II
Item #12
Neal Reed
Modification of Conditions
798 Lynnhaven Parkway
District 6
Beach
November 12,2008
CONSENT
Joseph Strange: The next matter is agenda item 12. An application of Neal Reed for a
Modification of Conditions for a request approved by City Council on July 12, 1982. The
property is located at 798 Lynnhaven Parkway, District 6, Beach, with seven conditions.
Eddie Bourdon: Thank you again. For the record I'm Eddie Bourdon representing the
applicant. We agree with all seven conditions on this proposed redevelopment. We
appreciate being on the consent agenda and appreciate the recognition of what Mr. Reed has
done on some of the other sites that he has redeveloped and developed in the city.
Joseph Strange: Thank you Eddie. Is there any opposition tot his matter being placed on the
consent agenda? Ifnot, the Chair has asked Dave Redmond to review this item.
David Redmond: Thank you Mr. Strange. The Conditional Use Permit permitting a service
station at this location was originally approved by the City Council on July 12, 1982. The
applicant is requesting a modification to the Conditional Use Permit because he desires to
renovate the site and wnstruct a convenience store. The original request for the Conditional
Use permit did not include a convenience store nor was a convenience depicted on the site
plan submitted with the original request; therefore, the Conditional Use Permit must be
modified. The submitted preliminary site plan depicts a 24-foot by 100-foot (24' x 100')
canopy with four fueling stations, a 30-foot by 80-foot (30' x 80') convenience store, 12
parking spaces, and required landscaping. The Planning staff recommends approval of this
application and the Commission is unaware of any opposition. Moreover, the staff and
Commission believe this is an appropriate and welcome redevelopment at this site. The
Commission therefore approves by consent.
Joseph Strange: Thank you very much Dave. Madam Chairman, I make a motion to approve
agenda item 12.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #12
Neal Reed
Page 2
HORSLEY
KATSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 12.
ABSENT
II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: CITY OF VIRGINIA BEACH, An Ordinance to adopt the Resort Area
Strategic Action Plan as an Appendix to the Comprehensive Plan.
MEETING DATE: December 2,2008
. Background:
In December 2005, the City Council adopted an Oceanfront Resort Area Plan,
Resort Area Design Guidelines, and a number of related documents to the City
Zoning Ordinance. Concurrently, City Council directed staff to refine the content
of those documents to further refine and express the vision for the Resort Area.
. Considerations:
In June 2007, the City Council appropriated funds to secure a consultant to assist
staff, Resort Area stakeholders, and residents throughout the city in refining and
expressing that vision and in ascertaining measures necessary to implement the
vision. In October 2007, the City secured the services of Sasaki Associates.
Since that time, work has been underway consisting of site and data analysis,
urban design evaluation, and community planning and design charrettes
involving more than 350 participants. From this work, a preferred vision for the
Resort Area has been developed.
The Resort Area Strategic Action Plan was presented to the public for review and
comment on June 2, 2008. Suggestions from the public at that meeting were
incorporated into the vision, and it was presented to the Planning Commission on
September 10 and to the City Council on October 14.
Due to the size of the document, copies of the plan are provided to the City
Council under separate cover.
The Planning Commission placed this item on the consent agenda because the
proposed amendment to the Comprehensive Plan provides a vision for the
Resort Area developed through a collaborative process with property owners,
residents, citizens, and City staff and the plan provides a series of strategic steps
necessary to achieve the expressed vision.
. Recommendations:
The Planning Commission passed a motion by a vote of 10-0 to recommend
approval of the Resort Area Strategic Action Plan to the City Council.
CITY OF VIRGINIA BEACH - RESORT AREA PLAN
Page 2 of 2
. Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:
II
CITY OF VIRGINIA BEACH
RESORT AREA STRATEGIC
ACTION PLAN (RASAP)
Agenda Item 15
November 12, 2008 Public Hearing
REQUEST:
An Ordinance to adopt the Resort Area Strategic Action Plan as an Appendix to the Comprehensive Plan.
SUMMARY OF AMENDMENT
In December 2005, the City Council adopted an Oceanfront Resort Area Plan, Resort Area Design
Guidelines, and a number of related documents to the City Zoning Ordinance. Concurrently, City Council
directed staff to refine the content of those documents to further refine and express the vision for the
Resort Area.
In June 2007, the City Council appropriated funds to secure a consultant to assist staff, Resort Area
stakeholders, and residents throughout the city in refining and expressing that vision and in ascertaining
measures necessary to implement the vision. In October 2007, the City secured the services of Sasaki
Associates.
Since that time, work has been underway consisting of site and data analysis, urban design evaluation,
and community planning and design charrettes involving more than 350 participants. From this work, a
preferred vision for the Resort Area has been developed.
The Resort Area Strategic Action Plan was presented to the public for review and comment on June 2,
2008. Suggestions from the public at that meeting were incorporated into the vision, and it was presented
to the Planning Commission on September 10 and to the City Council on October 14.
RECOMMENDATION
Staff recommends approval of the attached ordinance, which adopts the Resort Area Strategic Action
Plan as an appendix to the Comprehensive Plan. The plan provides a vision for the Oceanfront Resort
Area established through a collaborative effort consisting of City staff, Sasaki Associates, and property
owners and residents in the Resort Area and throughout the city. The plan also provides a list of
recommended actions for implementation, which will be followed during the upcoming years.
CITY OF VIRGINIA BEACH /
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY INCORPORATING THE RESORT AREA
3 STRATEGIC ACTION PLAN AS AN APPENDIX
4
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
12 amended and reordained by the addition of that certain document entitled "Resort Area
13 Strategic Action Plan" as an Appendix. Such document is made a part hereof, having
14 been exhibited to City Council and is on file in the Department of Planning.
15
16 COMMENT
17
18 The ordinance amends the Comprehensive Plan by incorporating tbe Resort Area Strategic
19 Action Plan, which provides general land use policy guidance regarding tbe oceanfront area.
20
21 Adopted by the Council of the City of Virginia Beach, Virginia, on this
22 day of
,2008.
APPROVED AS TO LEGAL SUFFICIENCY:
fJJdtP4'!1{ 4J.
City Attorney's Office
APPROVED AS TO CONTENT:
CA 10909
R-1
October 30, 2008
i i
Item #15
City of Virginia Beach
An Ordinance to adopt the Resort Area Strategic Action Plan
As an Appendix to the Comprehensive Plan
November 12, 2008
CONSENT
Joseph Strange: The next item is item 15, the City of Virginia Beach. It an Ordinance to
Adopt the Resort Area Strategic Action Plan as an Appendix to the Comprehensive Plan. Is
there any opposition to this matte being placed on the consent agenda? If not, the Chair has
asked Jack Whitney ifhe would review this item.
Jack Whitney: Thank you Mr. Strange. This is the first in a series of plans that are being
prepared for what we call our "Strategic Growth Areas" incorporated in the Comprehensive
Plan. This particular plan has undergone a tremendous amount of public involvement for
almost a year now. There have been design and planning charettes heavily attended by
members ofthe public. It has been reviewed by just about every civic organization in that
part of the City. It is also been briefed both to this Commission and the City Council. Again,
we have received public comment which has been incorporated in to the plan. We ask your
indulgence to consider approving this by consent. It will then become official city policy
once it is acted upon by the City Council, and we would intend to then incorporate it into our
Comprehensive Plan.
Joseph Strange: Thank you Jack.
Janice Anderson: It appears that we do have one person that would like to make a comment.
Donald Horsley: We have one speaker. Henry Ryto. I don't know whether it is support or
opposition? Are you in opposition?
Henry Ryto: I just have some concerns to express about this plan at this point. I just wanted
to for public record.
Janice Anderson: Go ahead sir.
Henry Ryto: Okay. My name is Henry Ryto. I served as a member of the Resort Advisory
Commission since February 2004. Given that post, I had a front row seat for a bunch of what
has been going on in the drafting of this plan. Yes. The Resort Area Strategic Action Plan is
great in concept but for the laws that accomplish much for a resort area, achieve many of the
city's goals without redevelopment authority. Part of what concerns me is a couple of the
amendment changes have been made to the plan and how they happened. One of them
earlier for inclusion for hotel redevelopment in the northern part of the beach area was later
removed. If we're going to draw the type of conventions that the City has envisioned and the
visitors, we're not going to do with our current hotel projects. That was at one point and was
and one of the options where a plan that was later removed. Second there was an attempt to
Item #15
City of Virginia Beach
Page 2
redo Rudee Loop during the summer. There was a proposal to remove the hotel project there
and put in an entertainment complex instead and that died on its own. And finally, there is
the question about Ocean Center, which was slipped into the plan after all the public
comment and the Charettes were over. Even as RAe commissioner, I found out about Ocean
Center through the Virginian Pilot. I had no idea that was being put in. What I would like to
is and especially since it is an ACUIZ 1, I would like to see the Navy sign off on this thing
before we adopt this as formal City policy. I've talked with the Planning staff about this, but
I would like to see specifically sign off on the Ocean Center because I wouldn't want to lose
Ocean a over a resort area project. During the second Charette, I had raised the issue of
potentially putting workforce housing for the resort workforce in the Colony property. I was
told by Planning Department staff that at this time that at that time that it couldn't be done
because of the BRAe ordinance. Now later, Ocean Center has been put in there with
housing and condos, and the staff says it's okay. Now, one ofthe two times city staff had to
be wrong. Speaking for my own personal concerns here this afternoon, my BRAe service
has been a representative of this Council Civic Organizations, Virginia Beach Civic League
Federation. The CCO meets on the second Wednesday and we are scheduled to meet tonight
with a resolution pending which would cover many of these concerns. Once again, while this
plan is good in concept, there have been a couple of changes in it which I just wonder
whether or not we can still achieve our goals with them in there. And, I just wanted to have
my peace before this entire thing passes through.
Janice Anderson: Thank you sir. Mr. Whitney, if you would just like to respond to that?
This is a plan for a vision for future development. It doesn't really require us to stay to a hard
development or anything like that. It is just a vision.
Jack Whitney: Yes ma'am. That is correct. It is a vision and a plan. There will be action
items to come to implement any public or private development that accommodates it. The
particular issue of hotels has been adequately, I believe addressed in the plan. Certainly the
potential for a headquarters hotel that the Convention Center was recognized and worked into
the plan. The development that the speaker was mentioning is in fact, private development.
It's very conceptual. There have been no plans submitted which would be endorsed under
your approval of the Resort Strategic Action Plan. There is a mobile home part, which you
are all aware of on 17th Street. We have had numerous discussions with the property owners
involved. The project is in the very formative stage at this point. Nothing has been
submitted, which this plan would endorse. The plan does speak to the mixed-use
development in that part of the Resort Area as being desirable. Obviously, we've worked
very close with the Navy with respect to the impact under any AICUZ related districts, noise
or accident potential zones. Anything that would be approved in a way of a private
development would have to, of course, go through that review process with the Navy as a full
partner.
Janice Anderson: Thank you very much.
Joseph Strange: Madam Chairman, I make a motion to approve agenda item 15.
II
Item #15
City of Virginia Beach
Page 3
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTIlliE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIV AS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 15.
II
ITEM: CITY OF VIRGINIA BEACH, An Ordinance to amend Section 211 of the City
Zoning Ordinance by allowing certain temporary signs in all zoning
districts.
MEETING DATE: December 2,2008
. Background:
The amendments allow temporary signs giving notice of meetings or events of
civic leagues or property owners' associations (POAs). The City Zoning
Ordinance currently provides no specific regulation pertaining to such signs.
. Considerations:
The proposed amendment allows temporary signs for civic league or POA events
to be located only on property owned by the civic league or POA. One (1 ) sign
may be placed at each entrance to the neighborhood or subdivision represented
by the civic league or POA and may remain for the period from 14 days prior to
the meeting or event to 3 days after. Signs may not exceed 32 square feet in
area and may be illuminated in accordance with the restrictions applicable to
other signage.
The Planning Commission placed this item on the consent agenda because the
amendments provide guidance for a type of sign that currently lacks specific
guidance and there was no opposition to the proposal.
. Recommendations:
The Planning Commission passed a motion by a vote of 10-0 to recommend
approval of the amendment to the City Council.
. Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage . l,~~
CITY OF VIRGINIA BEACH
AMENDMENT TO CZO SEC. 211
TEMPORARY SIGNS
Agenda Item 14
November 12, 2008 Public Hearing
REQUEST:
An Ordinance to amend Section 211 of the City Zoning Ordinance by allowing certain temporary signs in
all zoning districts.
SUMMARY OF AMENDMENT
The amendments allow temporary signs giving notice of meetings or events of civic leagues or property
owners' associations (POAs). Such signs may be located only on property owned by the civic league or
POA. One (1) sign may be placed at each entrance to the neighborhood or subdivision represented by
the civic league or POA and may remain for the period from 14 days prior to the meeting or event to 3
days after. Signs may not exceed 32 square feet in area and may be illuminated in accordance with the
restrictions applicable to other signage.
RECOMMENDATION
Staff recommends approval of this amendment, as it establishes reasonable regulations for a type of sign
that is currently not regulated.
CITY OF VIRGINIA BEACH / TEM
i i
1 REQUESTED BY COUNCILMEMBER BILL DESTEPH
2
3 AN ORDINANCE TO AMEND SECTION 211 OF THE
4 CITY ZONING ORDINANCE BY ALLOWING CERTAIN
5 TEMPORARY SIGNS IN ALL ZONING DISTRICTS
6
7 Section Amended: City Zoning Ordinance 9 211
8
9
10 WHEREAS the public necessity, convenience, general welfare and good zoning
11 practice so requires:
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH.
14 VIRGINIA:
15
16 That the City Zoning Ordinance is hereby amended and reordained by the
17 amendment of Section 211, to read as follows:
18
19
20 Sec. 211. Signs permitted in all districts.
21
22 The following types of signs are exempted from all of the provisions of this
23 ordinance, except for illumination, construction, and safety regulations and the following
24 standards:
25
26 (a) Public signs. Signs of a noncommercial nature and in the interest of,
27 erected by or on the order of, a public officer in the performance of his public duty, such
28 as directional signs, regulatory signs, warning signs, and informational signs.
29
30 (b) Temporary signs.
31
32 (1) Temporary signs announcing any public, charitable, educational,
33 religious or other noncommercial event or function, located entirely
34 upon the property on which such event or function is held and set
35 back no less than seven (7) feet from the property line, and having
36 a maximum sign area of thirty-two (32) square feet. Such signs
37 shall be allowed no more than thirty (30) days prior to the event or
38 function and must be removed within seven (7) days after the event
39 or function. Such signs may be illuminated in accordance with the
40 restrictions set forth in section 213 hereof. If building-mounted,
41 such signs shall be flat wall signs and shall not project above the
42 roofline. If freestanding, the height of any such sign shall be no
43 more than twelve (12) feet above ground level.
44
45 (2) Temporary signs of a commercial nature announcing grand
46 openings or other special events or promotions, subject to the
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limitations as to size, height and location set forth in subdivision (1)
hereof. Such signs shall be displayed no more than three (3) times
per year by any business or establishment, nor for any period in
excess of seven (7) days.
(3) Temporary signs displayed upon balloons, subject to the
requirements of subdivisions (1) and (2) hereof, provided, however,
that balloons displaying such signs may, if affixed to the roof of a
building or structure, project no more than thirty (30) feet above the
roofline or, if affixed to the ground, have a height not exceeding
thirty (30) feet from ground level. Such signs shall not exceed
seventy-five (75) square feet in surface area.
(4) Temporary siQns QivinQ notice of civic leaQues' or property owners
associations' meetinQs or events, provided that such siQns shall be
located on property owned by the civic leaQue or property owners
association holdinQ the meetinQ or event and shall be no Qreater
than thirty-two (32) SQuare feet in area. No more than one (1) such
siQn shall be permitted at each entrance to the neiQhborhood or
subdivision represented by the civic league or property owners'
association. Such signs shall be in place for no more than fourteen
(14) days before the meetinQ or event of which the sign Qives
notice or three (3) days after the meetinQ or event has been held.
Such siQns may be illuminated in accordance with the restrictions
set forth in Section 213.
COMMENT
The amendments allow temporary signs giving notice of meetings or events of civic leagues
or property owners' associations (POAs). Such signs may be located only on property owned by the
civic league or POA. One (1) sign may be placed at each entrance to the neighborhood or
subdivision represented by the civic league or POA and may remain for the period from 14 days
prior to the meeting or event to 3 days after. Signs may not exceed 32 square feet in area and may
be illuminated in accordance with the restrictions applicable to other signage
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
APPROVED AS TO LEGALSUFFICIENCV-
CA10527 I R-4 I August 12, 2008
2
II
Item #14
City of Virginia Beach
An Ordinance to Amend Section 211 of the City Zoning
Ordinance by allowing certain temporary signs in all
Zoning Districts
November 12,2008
CONSENT
Joseph Strange: The next item is item 14, the City of Virginia Beach. An ordinance to
amend Section 211 of the City's Zoning Ordinance by allowing certain temporary signs in all
zoning districts. Is there any opposition to this matter being placed on the consent agenda?
The Chair has asked Bill Macali to review this item.
Bill Macali: Madame Chair, this item was requested by Counci1member DeSteph in an effort
to get some certainty as to what type of signs can be posted for a civic meeting and events. It
essentially allows one sign not exceeding 32 square feet to be placed for a period of 14 days
prior to the event and three days after the event on each piece of property owned by the civic
league or property association. It gives them some type of certainty to what can be posted
and we feel that it does accomplish that.
Joseph Strange: Okay. Thank you Bill. Madam Chairman, I make a motion to approve
agenda item 14.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIV AS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 14.
II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, An Ordinance to amend Section 203 of the City
Zoning Ordinance pertaining to parking requirements in the B-3A
Pembroke Central Business Core District.
MEETING DATE: December 2,2008
. Background:
The unique qualities of Town Center area as a mixed-use district have resulted in
a parking situation where experience has indicated that the degree of parking
being shared within the area is such that the parking being required by the
existing Zoning Ordinance provisions is resulting in more parking than is needed.
This is primarily due to the fact that there a variety of uses within the same
compact area that utilize parking at various times of the day, providing
opportunities to share parking spaces between different land uses.
. Considerations:
This amendment will allow the Planning Director to more accurately determine
the required parking for uses within the B-3A zoning district through a parking
analysis provided by a developer of property within the Town Center rather than
the specific numerical requirements dictated by the Zoning Ordinance. Such an
analysis will provide an accurate depiction of parking arrangements within the
Town Center area and ensure that there is adequate parking to be shared among
the various uses.
The Planning Commission placed this item on the consent agenda because the
amendment provides for the highest and most efficient use of parking spaces in
the Town Center and there was no opposition to the proposal.
. Recommendations:
The Planning Commission passed a motion by a vote of 10-0 to recommend
approval of the amendment to the City Council.
. Attachments:
Staff Review
Ordinance
Planning Commission Minutes
CITY OF VIRGINIA BEACH - B-3A PARKING AMENDMENT
Page 2 of 2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ~ \L, 0-e~
II
CITY OF VIRGINIA BEACH
AMENDMENT TO CZO SECTION 203 -
PARKING IN THE B-3A DISTRICT
Agenda Item 16
November 12, 2008 Public Hearing
REQUEST:
An Ordinance to amend Section 203 of the City Zoning Ordinance pertaining to parking requirements in
the B-3A Pembroke Central Business Core District.
SUMMARY OF AMENDMENT
This amendment will allow the Planning Director to more accurately determine the required parking for
the B-3A zoning district through the use of a parking analysis rather than specific numerical requirements.
This is needed because of the unique qualities of this mixed use development, where experience has
indicated that the degree of parking being shared within the area is such that the parking being required
by the existing ordinance provisions is resulting in more parking than is needed.
RECOMMENDATION
Staff recommends approval of the attached ordinance amendment.
CITY OF VIRGINIA BEACH / B-3A PARKING
Agenda Item 16
Page 1
1 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY
2 ZONING ORDINANCE PERTAINING TO PARKING
3 REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL
4 BUSINESS CORE DISTRICT AND THE B-4C CENTRAL
5 BUSINESS MIXED USE DISTRICT
6
7 WHEREAS the public necessity, convenience, general welfare and good zoning
8 practice so requires:
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
13 That the City Zoning Ordinance is hereby amended and reordained by the
14 amendment of Section 203, pertaining to parking requirements in the B-3A and B-4C
15 zoning districts, to read as follows:
16
17 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
18 ALL DISTRICTS
19
20 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
21 PARKING AND OFF-STREET LOADING
22
23
24 Sec. 203. Off-street parking requirements.
25
26
27
28 (g) Parking requirements in the B-3A Pembroke Central Business Core and
29 B-4C Central Business Mixed Use Districts. Notwithstanding any contrary provision of
30 this section, witRi.R the B-3A Pembroke Central Business Core District. parkinQ
31 requirements shall be determined in accordance with a parkin!:! analysis prepared by a
32 licensed professional en!:!ineer. Such analysis shall contain, at a minimum. the current
33 parkin!:! utilization. parkin!:! demands based upon current land uses. a determination of a
34 surplus or shorta!:!e of parkin!:!, and the impact of the proposed development. The
35 plannin!:! director shall determine the adequacy of the analysis. Within the aOO B-4C
36 Central Business Mixed Use District, there shall be provided for nonresidential uses,
37 except hotels and uses accessory to hotels, no fewer than three (3) spaces per one
38 thousand (1,000) square feet of gross floor area, and for residential uses no fewer than
39 one and seven-tenths (1.7) spaces per dwelling unit. Parking requirements for hotels
40 and uses accessory to hotels shall be as specified in subsection (a).
41
42 (h) Same; shared parking. Notwithstanding anything in this ordinance to the
43 contrary, required off-street parking for any use located on property within the B-3A
44 Pembroke Central Business Core District or B-4C Central Business Mixed Use District
45 may be made available for use by the general public as well as by the customers or
46 patrons of such use; provided. however, that in the B-4C Central Business Mixed Use
47 District, no parkin!:! space shall be used to satisfy the parkin!:! requirement of more than
48 one (1) establishment. The required number and dimensions of parking spaces shall be
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as specified in this section, and no parking space shall be usod to s3tisfy the parking
requirement of more than one (1) establishment.
(i) Public parking in the B-3A Pembroke Central Business Core and B-4C
Central Business Mixed Use Districts. Parking requirements for uses within the B-3A
Pembroke Central Business Core District or B-4C Central Business Mixed Use District
may be satisfied by anyone, or a combination of, the following:
(1) On-site parking;
(2) Off-site parking facilities, as set forth in section 901 of this
ordinance; or
(3) Public parking, if the Planning Director determines (i) that there is at
least a sufficient number of public parking spaces located within the
same development phase of the B 3^ District or B 4C District as
the proposed use to meet public parking demands; (ii) that for uses
in the B-4C Central Business Mixed Use District. such public
parking spaces are not used to satisfy the parking requirements of
any other use, and (iii) that the use of such public parking spaces to
satisfy the parking requirements of the proposed use, either wholly
or partially, is warranted in light of the following considerations:
A. The extent to which the proposed use advances the goals
and objectives of the B-3A Pembroke Central Business Core
District or B-4C Central Business Mixed Use District, as the
case may be, as stated in section 900 of the City Zoning
Ordinance;
B. The extent to which the proposed use conforms to the Urban
Design Plan component of the Virginia Beach Central
Business District Master Plan if such proposed use is within
the B-3A Pembroke Central Business Core District or, if the
proposed use is within the B-4C Central Business Mixed Use
District, the extent to which it conforms to the Mixed Use
Development Guidelines; and
C. The amount of the projected tax revenue to be generated by
the proposed use and improvements.
COMMENT
The amendments to Subsection (g) change the parking requirements in the B-3 A Pembroke
Central Business Core District so as to base them upon a parking study that will be required for
new uses. The parking study must contain, at a minimum, the items set forth in Lines 32-34, and
the Planning Director is to review the study to determine its adequacy.
The amendments to Subsection (h) specify that shared parking is not available in the B-4C
Central Business Mixed Use District (Lines 46-48).
2
98
99 Subsection (i) is amended to provide that public parking spaces may not be used to satisfy
100 the parking requirements of uses in the B-4C District (Lines 63-64).
101
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
APPROVED AS TO CONTENT:
~i
APP. ROVED AS TO LEGAW
SU~FICIENC":: /if. ~ '
L{)~ . J
City Attorney's Office
CA 10888
R-8
November 4, 2008
3
II
Item #16
City of Virginia Beach
An Ordinance to amend Section 203 of the City Zoning
Ordinance pertaining to parking requirements in the
B-3A Pembroke Central Business Core District
November 12,2008
CONSENT
Joseph Strange: The next item is agenda item 16. It's an Ordinance to amend Section 203 of the
City Zoning Ordinance pertaining to parking requirements in the B-3A Pembroke Central
Business Core District. Is there any opposition to this matter being placed on the consent
agenda? The Chairman has asked Jack Whitney ifhe would review this item.
Jack Whitney: This is an ordinance which would allow for a more detailed, thorough, and
customized review of parking requirements in a certain part of the city, that being the Town
Center area. It would require that new development prepare, at their expense, a parking study
which would support the staff in determining the necessary parking requirements for that
particular project. As opposed to the current system where it simply applies a general standard or
"one size fits all" parking requirement, irrespective of the nature of the use and when it actually
functions on the ground. We feel this would be a much more efficient use ofthe land area and
parking in this part of the city, much more so than our previous parking requirements. And we
would recommend the ordinance favorable for recommendation.
Joseph Strange: Thank you very much Jack. Madam Chairman, I make a motion to approve
. agenda item 16.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: Bya vote of 10-0, the Board has approved item 16.
II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Zoning Ordinance Amendment, Minimum
Right-of-Way and Minimum Paved Width for Minor Subdivision Streets
MEETING DATE: December 2, 2008
. Background:
An Ordinance to Amend Section 4.1 of Appendix B, Subdivision Regulations,
Pertaining to the Deletion of the Minimum Right-of-Way Width and Minimum
Paved Width for Minor Subdivision Streets.
This item was deferred on November 25, 2008.
Considerations:
At its May 9, 2006 meeting, the Virginia Beach City Council established the
Green Ribbon Committee and appointed members to the Committee to provide
advice and assistance to the City Council in matters relating to water quality in
the City's waterways.
The first meeting of the Green Ribbon Committee was held on Nov. 9, 2006. The
30-member committee spent more than 600 hours developing recommendations
for regulatory, procedural and operational changes that the City can consider to
improve water quality. The Green Ribbon Committee Final Report was
presented to the City Council on Nov. 20, 2007.
Since November, the Committee has been working on measures directed at
implementing recommendations of the Final Report. The Preliminary Draft of
Green Ribbon Implementation Committee Recommendations was completed on
May 19, 2008. The Implementation Committee delivered its Report to City
Council on July 1, 2008 and presented the Green Ribbon Committee
Implementation Report at the July 8, 2008 City Council Briefing.
The proposed amendment is a component of Phase One of the Implementation
Program. The amendment deletes the requirement for minimum right-of-way and
pavement widths for minor subdivision streets (those that serve 10 or more
residential lots of less than 7,500 square feet). The affect is to reduce the width
of such streets from a right-of-way of 60 feet to 50 feet, with a corresponding
reduction in pavement width from 36 feet to 30 feet. This amendment was
CITY OF VIRGINIA BEACH - AMENDMENT TO SUBDIVISION ORDINANCE
Page 2 of 2
recommended by the Green Ribbon Committee as a means of reducing
impervious cover.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this amendment.
. Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager~ k-. C(3~
II
CITY OF VIRGINIA BEACH
AMENDMENT TO SUBDIVISION
ORDINANCE I STREET WIDTH
Agenda Item 22
November 12, 2008 Public Hearing
REQUEST:
An Ordinance to Amend Section 4.1 of Appendix B, Subdivision Regulations, Pertaining to the Deletion of
the Minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets.
This item was deferred by the Planning Commission at the request of staff on August 13, 2008, to provide
time for the Commission to receive a briefing on the recommendations of the Green Ribbon Committee
Implementation Report. The item was deferred again on October 8, 2008.
SUMMARY OF AMENDMENT
At its May 9, 2006 meeting, the Virginia Beach City Council
established the Green Ribbon Committee and appointed members to the Committee to provide advice
and assistance to the City Council in matters relating to water quality in the City's waterways.
The first meeting of the Green Ribbon Committee was held on Nov. 9, 2006. The 30-member committee
spent more than 600 hours developing recommendations for regulatory, procedural and operational
changes that the City can consider to improve water quality. The Green Ribbon Committee Final Report
was presented to the City Council on Nov. 20, 2007.
Since November, the Committee has been working on measures directed at implementing
recommendations of the Final Report. The Preliminary Draft of Green Ribbon Implementation Committee
Recommendations was completed on May 19, 2008. The Implementation Committee delivered its Report
to City Council on July 1, 2008 and presented the Green Ribbon Committee Implementation Report at the
July 8, 2008 City Council Briefing.
The proposed amendment is a component of Phase One of the Implementation Program. The
amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivision
streets (those that serve 10 or more residential lots of less than 7,500 square feet). The affect is to reduce
the width of such streets from a right-of-way of 60 feet to 50 feet, with a corresponding reduction in
pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon
Committee as a means of reducing impervious cover.
As background regarding the evolution of street widths in Virginia Beach, the following is provided. In
early 1988, Section 4.1 (m) of the Subdivision Regulations contained two subsections under "Minor"
streets, i.e., "a) commercial or industrial uses" and "b) residential uses." The "residential uses" required a
minimum right-of-way width of 50 feet and a paved section of 30 feet.
... .... .",
. . ..
" . ."
CITY OF VIRGINIA BEACH I STREET WIDTHS
. - ....
Agenda Itern.22
. R~Q~1
During the 1970s and 1980s, many subdivisions with small lots were created. Some of these subdivisions
used the R-8 Residential zoning district with its 5000 square foot lots, 50-foot widths and the "zero lot line"
or "reduced side yard setback" options. Others used the A-1 Apartment zoning district to create 40-foot
wide townhouse lots with units attached by sheds to obtain higher density with a single-family
appearance. Small single-family lots were also allowed in the A-1 district.
The combination of 20-foot front yard setbacks, single wide driveways and the ability to use the garage
for required parking soon developed into a safety issue in these neighborhoods. Since garages are
seldom used for parking a vehicle and residents usually do not like moving the last vehicle in the driveway
to allow the first vehicle to exit, parking on both sides of the street became the standard.
On April 18, 1988, City Council adopted a completely revised City Zoning Ordinance. One of the many
changes addressed residential parking. Section 505 restricted the use of garages and enclosed or
covered parking spaces from being used to meet the residential off-street parking requirements. This
change, coupled with the small front yard setbacks, forced these types of developments to either increase
the front yard setbacks to 36 feet or provide double wide driveways, thereby relieving the streets from
assuming a large amount of the burden of supplying parking for the dwellings. In most, if not all cases, the
double wide driveway was provided; however, the ordinance continued to allow stacked parking for one
and two family residential units.
On September 6, 1988, City Council approved the first of two changes to the Subdivision Regulations to
further address parking on the streets of subdivisions with small lots, Section 4.1{m) Minor streets (b) was
expanded to allow lots of 7500 square feet or more or fewer than 10 lots of less than 7500 square feet on
a cul-de-sac to develop on a 50-foot right-of-way and a 30-foot paved section. Subsection (c) was created
to require 10 or more lots of less than 7500 square feet to develop on a 60-foot right-of-way and a 36-foot
paved section. The other newly created Subsection (d) required townhouse lots to be platted on a 50-foot
right-of-way and a 30-foot paved section.
Section 4.1(m) Minor streets (b) was once again amended on June 11,1990. This amendment allowed
the lots referenced in Subsection (c) [10 or more lots less than 7500 square feet] to have the option of
using a 50-foot right-of-way with a 30-foot paved section if all of the required driveways are a minimum of
18 feet in width.
RECOMMENDATION
Approval of the amendments is recommended.
... - -.- ....
. ..
. . ..
.. '"
CITY OF VIRGINIA BEACH / STREETWlD1HS
Agenda Itern::22
. R~Q~2
I I I, II
Item #22
City of Virginia Beach
An Ordinance to amend Section 4.1 of Appendix B, Subdivision
Regulations pertaining to the deletion of the minimum
Right-of-Way Width and Minimum Paved Width for Minor
Subdivision Streets
November 12,2008
CONSENT
Joseph Strange: The next item is item 22. An Ordinance to amend Section 4.1 of the
Appendix B, Subdivision Regulations pertaining to the deletion of the Minimum Right-of-
way Width and Minimum Paved Width for Minor Subdivision Streets. 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. This section is concerning an amendment to the City Ordinance
regarding subdivision regulations pertaining to the deletion of the minimum right-of-way
width and a minimum paved width of minor subdivision streets. In 2006, City Council
established a Green Ribbon Committee, which I had the honor of serving on, and appointed
members of the committee to provide service and assistance to City Council in matters
relating to water quality in the city's waterways. This amendment deletes the requirement
for minimum right-of-way and pavement widths for minor subdivisions and the width for
such streets or residential lots that are less than 7,500 square feet. The affect is to reduce a
width of such street from the right-of-way from 60 feet to 50 feet with a corresponding
reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by
the Green Ribbon Committee as a means of reducing impervious cover to improve water
quality. As background regarding the evolution of street widths in Virginia Beach,
Subdivision Regulations contained two subsections under "Minor" streets. They were
commercial or industrial and residential uses. The residential uses require a minimum width
of 50 feet and a paved section of 30 feet. This amendment allows ten or more lots less than
7,500 square feet to have an option of using the 50-foot right-of-way width and a 30-foot of
paved section of street, and providing the driveways are a minimum width of 18 feet. Being
that this is good for the environment, we have placed this on the consent agenda. Thank you.
Joseph Strange: Thank you AI. Madam Chairman, I make a motion to approve agenda item
22.
Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #22
City of Virginia Beach
Page 2
HORSLEY
KA TSIAS
KNIGHT
LIVAS
REDMOND
RUSSO
STRANGE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 22.
Janice Anderson: Thank you very much. Thank you Mr. Strange for handling the consent
agenda. For all of those who had a matter on the consent agenda, I thank you for coming
today. I appreciate your appearance here.
I I II
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
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AN ORDINANCE TO AMEND SECTION 4.1 OF APPENDIX
B (SUBDIVISION REGULATIONS), DELETING THE
MINIMUM RIGHT OF WAY WIDTH AND MINIMUM PAVED
WIDTH REQUIREMENTS FOR MINOR SUBDIVISION
STREETS
Section Amended: S 4.1 of Appendix B
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 4.1 of Appendix B of the City Zoning Ordinance is hereby amended
and reordained to read as follows:
APPENDIX B SUBDIVISION REGULATIONS
DESIGN STANDARDS
Sec. 4.1. Streets and alleys.
(m) (1) Street right-of-way widths shall be as specified in officially adopted elements
of the comprehensive plan relating to streets. Where not shown therein, pavement
widths and right-of-way widths for public streets shall be in relation to the proposed
density and/or the land use of the property adjacent to the roads and within the parcel
sought to be subdivided, but in no case, be less than as follows:
TABLE INSET:
Minimum R/W
Width
(feet)
b.
Serving residential lots of 7,500 square
feet or more, or fewer than 10 lots of less than
7,500 square feet on a cul-de-sac, or 10 lots
or more of less than 7,500 square feet where
adequate legal assurance has been provided
that all required driveways on lots served by
such street shall be at least 18 feet wide
50
Minimum
Paved
Width
(face to face
of curb)
(feet)
30
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
G-: Serving 10 or more residontiallots of loss
than 7 ,500 squ~lrO feet
{h c. Serving townhouse lots in the R-2.5
zoning category
w
de
50
30
COMMENT
This amendment deletes the requirement for minimum right-of-way and pavement widths
for minor subdivision streets. This amendment was recommended by the Green Ribbon
Committee as a means of reducing impervious cover.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
CA10811
July 28, 2008
R-4
NCY:
L. APPOINTMENTS
COMMUNITY SERVICES BOARD
MIUT AR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
P ARKS AND RECREATION COMMISSION
M. UNFINISHED BUSINESS
I I II
N. NEW BUSINESS
o. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
Effective 1 January 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the second and fourth Tuesdays of each month.
Workshops will be scheduled
for the first and third Tuesdays of each month
per action taken 11.18.08.
A Special Formal Session will be held
Monday, January 5,2009 at 4:00 PM
for the REORGANIZATION of City Council
*********
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 12/02/08 afb
www.vbgov.com
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 1
DATE: November 25, 2008 M B L
D C E L
E D H C R A W
PAGE: I S 1 E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R 1 V 0 0
H L R Y S N F N A N D
1 BRIEFINGS:
A GREEN RIBBON INITIATIVE Bany
Frankenfield,
Administrator -
Parks and Rec
B, URANIUM MINING IN VIRGINIA Tom Leahy,
Director of Public
Utilities
JI/III/IV /
V-E CERTIFICA TION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y y
SESSION
F MINlJTES
November 18. 2008 APPROVED 10-0 y Y y y Y Y y A Y Y y
B
S
T
A
I
N
E
D
GIH PlJBLlC HEARINGS:
I. AMENDMENT to ~30-59 of CITY 1 Speaker
CODE re Erosion/Sediment Control
2. TIF CBD Northeast Tax 4 Speakers
3. EXCHANGE OF EXCESS CITY No Speakers
PROPERTY
Habitat for Humanity - 5069 Indian
River Rd/2056 and 2058 Salem Rd
4. SALE OF EXCESS CITY NoS peakers
PROPERTY
Tailwind Development Group -
Princess Anne Rd/S, Indepndnce Blvd
5, LEASE OF CITY PROPERTIES
a. Kempsville Borough Boys No Speakers
Baseball, Inc, - 952 Reon Dr
b. FLS Corporation tla The Nesting Box No Speakers
- Farmer's Market Spaces # I and #2
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 I
DATE: November 25, 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
VJ -Ia Ord to AMEND City Code ~30-59 re DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
Erosion/Sediment Control site stabilization 12/02/2008, BY
CONSENT
Ib Ord to AMEND City Code ~ 21-354/21- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
359 re residential parking pennits CONSENT
Ic Ord to AMEND City Code Chapter 5 - DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
Animals and Fowls - ADDING ~ 5-20 re 12/0212008. BY
prohibiting feeding wildlife on City CONSENT
property
2 Ord to AUTHORIZEIMODlFY Beacon ADOPTED, 9-2 N Y Y Y Y N Y Y Y Y Y
Exchange agreement/APPROPRIATE BY CONSENT
funds/AUTHORIZE VBDA use EDlP
funds
3 Res to AFFIRM authorization to pickup ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
employee's contribution to VRS BY CONSENT
4 Ord to DECLARE City-owned land as ADOPTEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
excess property at Princess Anne Rdl S, CONDITIONED.
Indepndnce Blvd to Tailwind BY CONSENT
Development Group/AUTHORIZE
conveyance
DISTRICT 3 - ROSE HALL
5 Ord to re Habitat for Humanity: ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
DISTRICT 7 - PRINCESS ANNE BY CONSENT
a. TRANSFER $231,000 re affordable
housing
b, DECLARE City-owned land as excess
property at 5069 Indian River Rd/2056
and 2058 Salem Rd in exchange for
Zurich Arch
6a Ord to AUTHORIZE lease of City-owned ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
property to Kempsville Borough Boys BY CONSENT
Baseball, Inc., at 952 Reon Dr
DISTRICT I - CENTERVILLE
6b Ord to AUTHORIZE lease of City-owned ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
property to FLS Corporation tla The BY CONSENT
Nesting Box at Fanner's Market, Spaces # I
and #2
DISTRICT 7 - PRINCESS ANNE
II
CITY OF VIRGINIA BEACH
SUMMAR Y OF COUNCIL ACTIONS
V
0 I
DATE: November 25, 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
K-] THOMAS E., SR./NANCY I. APPROVEDI 1]-0 Y Y Y Y Y Y Y Y Y Y Y
COGHILL, for closure of alley at 804 CONDlT]ONED,
Surfs ide Ave BY CONSENT
DISTRICT 6 - BEACH
2 ARGOLD DAM NECK, L.L.C. CoZ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
from R-IS/AG-I to Conditional R-7.S at PROFFERED
Dam Neck Rd/Southcross Dr
DISTRICT 7 - PRINCESS ANNE
3 IMPRESSIVE FITNESS, LLC d/b/a APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
ANYTIME FITNESS CUP re indoor BY CONSENT
recreational facility at 5300 Kempsriver Dr
DISTRICT I - CENTERVILLE
4 NKE ASSETS, LLC d/b/a LIGHTING APPROVED, ] 1-0 Y Y Y Y Y Y Y Y Y Y Y
VIRGINIA CUP re bulk storage at Suite BY CONSENT
110.596 Central Dr
DISTRICT 6 - BEACH
5a CITY re 2181/2257 Landstown Rd: DEFERRED 1]-0 Y Y Y Y Y Y Y Y Y Y Y
DISTRICT 7 - PRINCESS ANNE INDEFINITELY,
L CoZ from AG-I to B-2 BY CONS~T
2. CUP re recreational facilities
5b Ord to AMEND *4.1 of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appendix B, Subdivision 12/02/2008,
Regulations, re minimum r-o-w BY CONSENT
width/minimum paved width for
minor subdivision streets
L HISTORIC PRESERVATION
COMMISSION
Gary Fentress APPOINTED 9-1 Y Y Y N Y A Y Y Y Y Y
Diane Horsley Three year lerm B
Michael Newbill 01/01/09 - S
Mac Rawls 12/31/11 T
Judy Connors A
I
N
Glenn Carwell APPOINTED E
Vicki Harvey Two year lerm D
Patrick McAtamhey 01/01/09 -
Bernice Pope 12/31/10
Bill Gambrell APPOINTED
Harriet Frenzel One year lerm
Michael Little 01/01/09 -
Henry Pearson 12/31/09
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 I
DATE: November 25, 2008 M B L
D C E L
E D H C R A W
PAGE: 4 S I E 1 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
REVIEW AND ALLOCATION
COMMIlTEE (COG)
Frank J, "Skip" Scanlon APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ex-Officio Heallh
Representative
TIDEWATER REGIONAL GROUP REMOVED B Y C 0 N S E N S U S
HOME COMMISSION FROM THE
AGENDA
NOT FUNDED BY THE
COMMONWEALTH
APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
COMMUNITY SERVICES BOARD
MILITARY ECONOMIC
DEVELOPMENT ADVISORY
COMMITTEE
P ARKS AND RECREATION
COMMISSION
MINIO ADJOURNMENT 7:01 PM
Citv Council Sessions for December 2008
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning