MARCH 25, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
iL/AYOR WILI ZAM D. SESSOMS, JR., At Large
VIC'MAYOR L01'lS R. JONES, Bayside - District 4
/tOBL•Y2T M. DYEli Centervi!!e - Distrrc( 1
B 4RBAXA M. HF,R7.LY, Princess Anne - Di.rtrict 7
tiHANNON DS KA'JG, Rnse Hall - Dtstrict 3
BRAD MARTIN, P.Is., At Iarge
JUHN D.MOSS, At / arge
AME/,lA ROSS-HA'vIMOND, KempsviUe - District 2
JOHN E. UHRIN, Beach - Districi 6
ROSI;MARY WLLSi )N, At Large
J:1MCS L. WOOD, l.ynnhaven -District 5
CITY COUNCIL APPOINTEES
C'ITYMANAGF,R- JAMESK SPORE
C/7'YA7710I2NEY MARKD. STILF.S
C'/l'Y ASSGSSOR JER,4LD D. BANAGAN
C'lTY A UDl7'OR - I,YNDON S. REMLAS
CI7Y CI.ERK - R(!TH HODGES NRASF.R, MMC
CITY COUNCIL AGENDA
25 March 2014
CITY HALL BUILDING
2401 COURTHOUSE DR/VE'
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIG: Ctycncl@vbgov.coin
L CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM
A. 1NTERIM FINANCIAL STATEMENT
Patricia Phillips - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
W. INFORMAL SESSIOl\T - Conference Room -
A. CALL TO ORDER - Mayar William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
4:30 PM
C. RECESS TO CLOSED SESSION
VL FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Clarence McPherson
Pastor, Turning Point 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
l. INFORMAL and FORMAL SESSIONS March 11, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. CHILD ABUSE PREVENTION MONTH
Bessie Marie Renner, Executive Director, Prevent Child Abuse Hampton Roads
James Cervera, Police Chief
Danette Smith, Directar - Human Services
L PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
Fourteen (14) Atlantic Avenue Cafe Franchises
2:. EXCESS CITY-OWNED PROPERTY
1889 Virginia Beach Boulevard
3. SPECIAL SERVICE DISTRICT (SSD)
Middle Plantation - Gill's Cove
4. POLLING PLACE CHANGE
Old Donation Precinct
J. PRESENTATION OF 2014-15 RESOUCE MANAGEMENT PLAN (BUDGET)
James K. Spore, City Manager
Catheryn Whitesell, Management Services
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §6-5 re Animals on the Beach and adjacent areas
b. § 10-1 re change of Polling location of the Old Donation Precinct to Calvary Baptist Church,
4832 Haygood Road
c. ADD §35.3-12 to CREATE and LEVY additional real estate taxes re the Gills Cove
Neighborhood Dredging Special Service District (SSD)
1) CREATE the necessary Capital Project and TRANSFER $24,000 re engineering and
design
2. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of:
DISTRICT 6 - BEACH
a. Property at Lake Rudee, adjacent to 606 Goldsboro Avenue, to Ronald G. and Tarah D. Kiser
to subdivide the property into one lot
b. 1889 Virginia Beach Boulevard to Air Station General, LC for self-storage
ti. Ordinance to AMEND the 19th Street Corridor Improvements Project re study and design of an
Arena within the development projects
4. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area:
a. 18th Street Boardwalk Cafe 1801 Atlantic Avenue
b. Baja Cantina Atlantic Avenue Side Street Cafe 206 23`a Street
c. Fish Bones Restaurant Connector Park Cafe
d. Il Giardino Atlantic Avenue Side Street Cafe
e. King of the Seat Atlantic Avenue Side Street Cafe
f. Laverne's Connector Park Cafe
g. Manhattan Atlantic Avenue Sidewalk Cafe
h. Scrambled Atlantic Avenue Sidewalk Cafe
i. Seaside Galley Boardwalk Cafe
j. The Beach Club Boardwalk Cafe
k. Tortugas Boardwalk Cafe
1. Tortugas Connector Park Cafe
m. Tropical Smoothie Atlantic Avenue Side Street Cafe
n. Waterman's Connector Park Cafe
1211 Atlantic Avenue
910 Atlantic Avenue
2612 Atlantic Avenue
701 Atlantic Avenue
812 Atlantic Avenue
910 Atlantic Avenue
1401 Atlantic Avenue
901 Atlantic Avenue
3400 Atlantic Avenue
3400 Atlantic Avenue
211 25t" Street
415 Atlantic Avenue
5. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for
Herbert and Pearl Crichton
DISTRICT 7 - PRINCESS ANNE
6. Resolution re APPEAL to the City Council re the decision the Police Chief to deny a Secondhand
Dealer Permit to Samantha Elizabeth O'Donald
Y. Ordinance to ACCEPT and APPROPRIATE $25,209 from the Virginia Department of Criminal
Justice Services (DCJS) to Human Services re salary increases and training
J. PLANNING
1. Application of ALICIA INMAN for a Conditional Use Permit re personal training and group
exercise services at 2173 Old Pungo Ferry Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
2. Re: HISTORIC KEMPSVILLE MASTER PLAN AREA:
DISTRICT 2 - KEMPSVILLE
The following items were advertised but are recommended for DEFERRAL to
APRIL 22, 2014:
a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities.
b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive-
through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD
Section 233.02, re Standards for Drugstores with drive-through facilities in the B-4K Historic
Kempsville Area Mixed-Used District and to AMEND Section 2003, re ADDING drive-
through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area
Mixed-Used District.
c. Conditional Use Permit (City/S.L. Nusbaum) for a drive-through Drugstore at Princess
Anne and South Witchduck Roads
d. Street Closures:
1) Unimproved portion of the right-of-way of Singleton Way
(farmerly Princess Anne Road)
2) Unimproved portion of the right-of-way of Singleton Way
(farmerly Princess Anne Road)
3) Unimproved portion of the right-of-way of Singleton Way
(formerly Princess Anne Road) and South Witchduck Road
(formerly Kempsville Road)
K. APPOINTMENTS
GREEN RIBBON COMMITTEE
EASTERN VIRGINIA MEDICAL SCHOOL
HUMAN RIGHTS COMMISSION
1NVESTIGATIVE REVIEW PANEL
PROCESS IMPROVEMENT STEERING COMMITTEE
TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
2040 VISION TO ACTION COMMUNITY COALITION COMMISSION
L. i1NFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
FY 2014-201 S RESOURCE MANAGEMENT SCHEDULE
April ls` Budget Workshop/Briefings Conference Room
April 8Ih Budget Workshop/Briefings Conference Room City
City Council Meeting Council Chamber
April 15`h Budget Workshop/Briefings Conference Room
April 22"d Budget Workshop/Briefings Conference Room City
PUBLIC HEARING Council Chamber
City Council Meeting
May ls` PUBLIC HEARING KEMPSVILLE HS
May 6`h Reconciliation Workshop Conference Room
May 13`h City Council Meeting
Council Chamber
Vote on Budget
CITYCOiINCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE I, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE
SECOND/FODRTH TIIESDAYS: WORKSHOPS - 4: 00-6:00 PM
CITY COIINCIL RETREAT
Economic Developmeizt Office
Town Center
Monday, September 8, 2014
2014 CITY HOLIDAYS
;Ylernor•in/ I)rrt' - rllonrlrrl'. :llro, 20
Irldepelideircr nr.v - Pricl?rl?, Jcrl?' 4
Lcrbor Dut, - :19unrlq.l', Septetnber 1
Veterrrns Dnp - Tuescluv, Voveniher l 1
Lhunlis?;iring DaY crrld Da iy qf'ter "1'hctnkslqking -
Thursrltrt'. -'?-m'emher 27 ai2d Frirlrry, :Voveinher 38
Clir•istmas .F.i-e (hrilFduI) - 6VcdrtesrlrrY, 1)ecen1ber 24
Clzrislfnas nr{y - Thirr•sdal', 1)ec•emher Zi
*************«?********+*****
If you are physically disabled or visualiy impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CI'T'Y MANAGER'S BRIEFING - Conference Room - 4:00 PM
A. 1NTERIM FINANCIAL STATEMENT
Patricia Phillips - Finance
H. CI'TY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Clarence McPherson
Pastor, Turning Point 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
l. INFORMAL and FORMAL SESSIONS March 11, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. NiAYOR'S PRESENTATION
1. CHILD ABUSE PREVENTION MONTH
Bessie Marie Renner, Executive Director, Prevent Child Abuse Hampton Roads
James Cervera, Police Chief
Danette Smith, Director - Human Services
1. PUBLIC HEARINGS
l. LEASE OF CITY-OWNED PROPERTY
Fourteen (14) Atlantic Avenue Cafe Franchises
2. EXCESS CITY-OWNED PROPERTY
1889 Virginia Beach Boulevard
3. SPECIAL SERVICE DISTRICT (SSD)
Middle Plantation - Gill's Cove
4. POLLING PLACE CHANGE
Old Donation Precinct
J. PRESENTATION OF 2014-15 RESOUCE MANAGEMENT PLAN (BUDGET)
James K. Spore, City Manager
Catheryn Whitesell, Management Services
4
^O' A?C)r
?F ?UR NAt??
_ at
?
UNEW": 1?'reventing cfiiCda6use aruf negCect is a community respon.ri6iCity tFcat ?tepends on
invoCvement among peopCe tFirougkout tke community,• and
ryy'}[?Eq?E,A,S: C(zild maCtreatment occurs wken peopCe find themseCves in stressfuCsituations, without
community sesources anclwitfiout copin9 skiC(s; ancC
U'jfEI?EAS: 7(ze majority of chi(f a6u.se cases stem from situations and conditions t(nt are
preventa6Ce in an engagedancfsupportive community; and
W]aXEA.S: ACCcitizens should decome invoCvecCin supporting famiC'tes in raising their cFiiCdren in a
safe, nurturing environment; and
U1'}&4Z;E,f7.S: Effective cfiiCda6use prevention programs succeed 6ecause of partnersFiips created
among famiCes, sociaCservice agencies, sc(tooGr, faitk communities, civic organazations;
Cnw enforcement agencies, and tke 6usiness community; and
%N?xw: AS a city, we are committecf to tFte (teaCthy deveCopment of our chiCdren, from pre-nataC
care to 6irtk througFi the most formative years of cFiifd(ood and into aduCtFioocf.
Now, 7Tierefor4 I, `Will'iam D. Sessorn.s, Jr., Wayor of the City of virginia BeacFi, virginia, do here6y lr'rocCaim:
,ApriC2014
Chiff A buse qlrevention Wonth
In Nirginia BeacFi, and caCCupon aCfcitizens; community agencies, faitFi groups, med'uaCfaciCities, and
6usinesses to increase tFieir participation in our efforts to supportfamiC'ies, t(ceredy preventing cFiiCda6use and
negCect andstrengtFiening the communities in wFiicFi we Cive.
In `GVltsess Whereof, I kave hereunto set my (iand ancCcausecf the OfficiatSeat of tFie City of virginia Beack,
Virginia, to 6e affix,ed thu F'irst ?Day ofApriC 7wo 7FiousaruCand Eourteen.
WiCC'zam 0. Sessoms, Ir.
5Wayor
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PUBLIC NOTICE
LEASES OF CffY PROPERTY
The Virginia Beach City Council will hold a PUBUC HEARING at 6:00 P.M. on March
25, 2014 in the City Council Chamber regarding the proposed cafe franchise lease
of city-owned properry located at the following locations:
1. 1801 Atlantic Avenue, to BBH Corporation t/a 1811 Street Boardwalk
Cafe
2. 206 23rtl Street, to Baja Taco, Inc. Va Baja Cantina Atlantic Avenue Side
Street Cafe
3. 1211 Atlantic Avenue, to Surfside Resort, Inc. t/a Fish Bones Restaurant
Connector Park Cafe
4. 910 Atlantic Avenue, to Theme Restaurants, Inc. t/a II Giardino Atlantic
Avenue Side Street Cafe
5. 2612 Atlantic Avenue, to Karpathos, Inc. t/a King of the Sea Atlantic
Avenue Side Street Cafe
6. 701 Atlantic Avenue, to Seashore Management t/a Laverne's Connector
Park Cafe
7. 812 Atlantic Avenue, to SAMIA, Inc. t/a Manhattan Atlantic Avenue
Sidewalk Cafe
8. 910 Atlantic Avenue, to Scrambled, Inc. t/a Scrambled Atlantic Avenue
Sidewalk Cafe
9. 1401 Atlantic Avenue, to ISA, Inc. t/a Seaside Galley Boardwalk Cafe
10. 901 Atlantic Avenue, to Dunes Investment Associates t/a The Beach
Club Boardwalk Cafe
11. 3400 Atlantic Avenue, to Ocean Beach Club Owner's Association t/a
Tortugas Boardwalk Cafe
12. 3400 Atlantic Avenue, to Ocean Beach Club Owner's Association t/a
Tortugas Connector Park Cafe
13. 211 25?" Street, to First Fruits, LLC t/a Tropical Smoothie Atlantic
Avenue Side Street Cafe
14. 415 Atlantic Avenue, to Fogg's Seafood Company t/a Waterman's
Connector Park Cafe
The purpose of the Hearing will be to obtain public comment on the proposed
leases of Ciry property. A copy of the Franchise Lease Agreements are on file in the
City Clerk's office. The City Council Chamber is located on the second floor of the
City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia
23456. Any questions concerning the above-referenced franchise should be
direc[ed to Mike Eason, SGA/Resort Management Office, by calling (757) 385-
4800.
Ruth Hodges Fraser, MMC
City Clerk
Beacon March 16 & 23, 2014 23991284
x ? A
..._??
PUBLIC HEARING
SALE OF IXCESS CITY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of excess City
property, Tuesday, March 25, 2014
at 6:00 p.m., in the Council Chamber
of the City Hall Building (Building #1)
at the Virginia Beach Municipal
Center, Virginia Beach, Virginia. The
properry is located at 1889 Virginia
Beach Boulevard (GPIN: 2407-46-
8073). The purpose of this hearing
will be to obtain public input to
determine whether the property
should be declared "Eccess of the
Citys needs".
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 757-
385-4303; Hearing impaired, call
711 (Virginia Relay - Telephone
Device for the Dean.
Any questions concerning this matter
should be directed to the
Department of Economic
Development, 222 Central Park
Avenue, Suite 1000, Virginia Beach,
VA 23462. The Economic
Development Department telephone
number is (757) 385-6464.
Ruth Hodges Fraser, MMC
CiTy Clerk
Beacon March 16, 2014 23997350
iNU 4F„?;1
? }1
1 ?
.1
4.
PUBLIC HEARING:
AN ORDINANCETO CRFATEA
SPECIAL SERVICE DISTRICT
FOR THE MIDDLE PLANTATION
-GILL'S COVE
NEIGHBORHOOD DREDGING
PROJECT
As required by Code of Virginia §
15.2-2400, the City Council of
Virginia Beach, Virginia will hold a
Public Hearing on an ordinance to
create a Special Service District for
the Midtlle Plantation - Gill's Cove
Neighborhood Dredging Project. The
Public Hearing will be held on March
25, 2014 at 6 PM in the Ciry Council
Chamber. The Chamber is located
on the second floor of City Hall, at
2401 Courthouse Drive. All persons
are encouraged to attend and speak
about this proposed Special Service
District.
A copy of the proposed ordinance,
including a map of the district
boundary, may be inspected at the
Office of the City Clerk.
If you are physically tlisabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired, call: TDD
only 711 (TDD - Telephonic Device
for the Deaf).
Ruth Hodges Fraser, MMC
City Clerk
Beacon March 2, 9& 16, 2014
23979709
?ia40. P}??•f'
F7
r7>
PUBLIC HEARING
CHANGING POLLING
LOCATION
CffY OF VIRGINIA BEACH
The City Council of Virginia Beach,
Virginia at its formal session on
March 25 at 6:00 PM will consider
an ordinance to make changes to the
polling location for the Old Donation
Precinct.
The ordinance proposes that the
Old Donation Precinct polling place
be moved from the Old Donation
Center at 1008 Ferry Plantation Road
to Calvary Baptist Church at 4832
Haygood Road. The change is
intended to be temporary, but a
definitive timeline is not known at
this time.
A description and map of the
polling place change, as well as a
copy of the aforesaid ordinance, may
be inspected in the Voter Registrar's
Office, which is located at
2449 Princess Anne Road, Municipal
Center, Building 14, Virginia Beach,
Virginia, 23456.
Should you wish to comment on the
proposed ordinance, the City Council
allows comments upon any agenda
item at the March 25 formal session.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired, calC TDD
only 711 (TDD - Telephonic Device
for the Deaf).
Ru[h Hodges Fraser, MMC
City Clerk
Beacon March 9& 16, 2014
23989309
K. O RDINANCES/RE SOLUTIONS
1. Ordinances to AMEND the City Code:
a. §6-5 re Animals on the Beach and adjacent areas
b. § 10-1 re change of Polling location of the Old Donation Precinct to Calvary Baptist Church, 4832
Haygood Road
c. ADD §35.3-12 to CREATE and LEVI' additional real estate taxes re the Gills Cove Neighborhood
Dredging Special Service District (SSD)
1) CREATE the necessary Capital Project and TRANSFER $24,000 re engineering and design
2. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE sale of:
DISTRICT 6 - BEACH
a. Property at Lake Rudee, adjacent to 606 Goldsboro Avenue, to Ronald G. and Tarah D. Kiser to
subdivide the property into one lot
b. 1889 Virginia Beach Boulevard to Air Station General, LC for self-storage
3. Ordinance to AMEND the 19th Street Corridor Improvements Project re study and design of an Arena
within the development projects
4. Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area:
2. 18"' Street Boardwalk Cafe 1801 Atlantic Avenue
b. Baja Cantina Atlantic Avenue Side Street Cafe 206 23`d Street
C. Fish Bones Restaurant Connector Park Cafe 1211 Atlantic Avenue
d. Il Giardino Atlantic Avenue Side Street Cafe 910 Atlantic Avenue
e. King of the Seat Atlantic Avenue Side Street Cafe 2612 Atlantic Avenue
f. Laverne's Connector Park Cafe 701 Atlantic Avenue
g. Manhattan Atlantic Avenue Sidewalk Cafe 812 Atlantic Avenue
11. Scrambled Atlantic Avenue Sidewalk Cafe 910 Atlantic Avenue
1. Seaside Galley Boardwalk Cafe 1401 Atlantic Avenue
j . The Beach Club Boardwalk Cafe 901 Atlantic Avenue
Ic. Tortugas Boardwalk Cafe 3400 Atlantic Avenue
l. Tortugas Connector Park Cafe 3400 Atlantic Avenue
M. Tropical Smoothie Atlantic Avenue Side Street Cafe 211 25t" Street
ri. Waterman's Connector Park Cafe 415 Atlantic Avenue
5. Resolution to AUTHORIZE a freestanding mobile home at 4231 Charity Neck Road for Herbert and
Pearl Crichton
DISTRICT 7 - PRINCESS ANNE
6. Resolution re APPEAL to the City Council re the decision the Police Chief to deny a Secondhand Dealer
Permit to Samantha Elizabeth O'Donald
7. Ordinance to ACCEPT and APPROPRIATE $25,209 from the Virginia Department of Criminal Justice
Services (DCJS) to Human Services re salary increases and training
?•?:^.?
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance to Amend Sections 6-5 of the City Code Pertaining to Animals on
the Beach and Adjacent Areas
MEETING DATE: March 25. 2014
¦ Background: The RAC considered and endorsed a proposal by Councilmember
Wilson to allow dogs limited access to the boardwalk during the resort season.
Additionally, Animal Control requested amendments to clarify this code section.
¦ Considerations: This ordinance authorizes dogs to be on the resort boardwalk
during the season befinreen the hours of 6:00 a.m. and 10:00 a.m. The season runs
from 6:00 p.m. on the Friday before Memorial Day through 6:00 p.m. on Labor Day.
Additionally, this ordinance makes clear that dogs on the beach must be leashed or
under the owner's control at all times, on and off season. Lastly, the ordinance defines
"owner" as any person who (i) has a right of property in an animal; (ii) keeps or harbors
an animal; (iii) has an animal in his care; (iv) acts as a custodian of an animal; or (v) is
in possession of an animal. The matrix below describes the current law and the primary
substantive change made by the ordinance:
Restrictions on Dogs During the Season (Memorial Day to Labor Day)
Loca#"lons ; Allowed ?rn I:eash? Allowed if under con?17, Propc?ed chang?? '.
Resort Area beaches No No None
Non-Resort Area Yes, between 6 p.m. and Yes, between 6 p.m. and None
beaches 10 a.m. 10 a.m.
Boardwalk + No No Yes: allow dogs on
adjacent grassy area leash between 6 a.m.
and 10 a.m.
Atlantic Avenue + Yes No None
Oceanfront parks +
connector streets
Other public streets, Yes No None
parks, and public
property
Page 2 of 2
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendations: Adopt ordinance
¦ Attachments: Ordinance
Requested by Councilmembers Uhrin and Wilson
REQUESTED BY COUNCILMEMBERS UHRIN AND WILSON
1 AN ORDINANCE TO AMEND SECTION 6-5
2 OF THE CITY CODE PERTAINING TO
3 ANIMALS ON THE BEACH AND ADJACENT
4 AREAS
5
g SECTION AMENDED: § 6-5
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13 Sec. 6-5. Animals on beach and adjacent areas.
14 (a) For purposes of this section:
15 (1) the term "animal" shall be deemed to include but not be limited to, anv
16 mammal, bird, or reptile;
17 (2) the term "owner" means anv person who: (i) has a riqht of propertv in an
18 animal• (ii) keeps or harbors an animal- (iii) has an animal in his care; iv
19 acts as a custodian of an animal: or (v) is in qossession of an animal; and
20 (3) the term "season" means the period from 6 p m. on the Fridav before
21 Memorial Dav throuqh 6 p m Labor Dav of each vear.
22
23 (b) It shall be unlawful for the owner of a doa present on anv sand beach to fail
24 to maintain control of the doa.
25
26 (a3Jc It shall be unlawful for the
27 owner of anv animal to permit such animal to be on the sand beaches,
28 from Rudee Inlet on the
29 south to 42nd Street on the north during the season. &00 .•
30 • .m. Labor- 3h yeaF,
31 horeinaf+er .efeFFed-te-as thti "°°r„
32
33 (d) It shall be unlawful for the owner of any animal to permit such animal to be
34 on the boardwalk or the qrassv area west of the boardwalk to the propertv lines durina
35 the season: provided however, that a leashed doq under the control of the owner, mav
36 be permitted on the boardwalk and the qrassy area west of the boardwalk to the
37 property lines durinq the season between the hours of 6 a.m. and 10 a.m.
38
39 (OLel It shall be unlawful for the
40 owner of anv animal to permit such animal to be on any e#hw sand beacheswith'„n the
41 ; > howevef,
42 urinq the season;
43 rovided however, that a do ma be ermitted on beaches other than the beaches
44 listed in subsection (c) during the season between the hours of 6.109 p.m. and 10-:48
45 a.m. #he-#eNewi-g-day if leashed or under the control of the owner.
46
47 {s;fD It shall be unlawful , for the owner of anv
48
? ?
49 animal to have the animal on Atlantic Avenue1 or in the parks and connector streets
50 befinreen Atlantic Avenue and the boardwalk, from Rudee Inlet to 42nd Street, unless
51 such animal is in an escape-proof container. This provision shall not be applicable to
52 leashed doas.
53
54 {dNo owner of anv animal shall
-}?
55 449t knowingly or willfully permit such animal to litter any sand beaches within the city or
56 to litter the boardwalk or the grassy area west of the boardwalk to the property lines
57 from Rudee Inlet on the south to 42nd Street on the north, at any time. In the event such
58 animal shall defecate on the sand beaches within the city, or on the boardwalk or the
59 grassy area west of the boardwalk to the property lines from Rudee Inlet on the south to
60 42nd Street on the north at any time, the person who owns or has control of such
61 animal shall immediately remove all feces deposited thereon by such animal and
62 dispose of same in a sanitary manner approved by the department of public health,
63 such as by encasing same in an airtight wrapper or container and placing same in a
64 garbage receptacle. Failure to so remove said feces in accordance with the provisions
65 of this subsection shalt constitute a Class 1 misdemeanor.
66
67 {e3Q21 Notwithstanding the above, it shall be unlawful for
gg the owner of anv animal to permit such animal to be on any sand
69 beaches within the city, at any time, unless such person shall have in his possession a
70 container of sufficient size and adequate design to remove and dispose of all feces
71 deposited thereon by such animal, in accordance with the provisions of subsection
72 {4}JM.
73
74 {#}Q With the exception of subsections {dgM and {e}?, the provisions of this
75 section shall not be applicable to a guide dog, hearing dog or service dog trained to
76 accompany a person with a disability while being accompanied by such person, or to
77 any dog or horse in the custody or control of a law enforcement officer while such officer
78 is in the performance of his duties.
79
80 , ' a-y 81 , > > •
82
83 The provisions of this section may also be enforced by city animal control
84 officers.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2014.
APPROVED AS TO CONTENT
/j .
Police Department
CA12869
R-6
March 10, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling
Location of the Old Donation Precinct
MEETING DATE: March 25, 2014
¦ Background: The Virginia Beach Electoral Board requests a temporary change
in the polling location for the Old Donation Precinct due to construction at the Old
Donation Center. The exact duration of this change is not known at this time, but the
change is required prior to the June 10th Primary Election (if held).
¦ Considerations: Due to construction at the Old Donation Center, located at
1008 Ferry Plantation Road, and until further notice, the polling location will move to
Calvary Baptist Church, which is located at 4832 Haygood Road. Calvary Baptist
Church meets the requirements of the Americans with Disabilities Act. If adopted by
Council, the new polling location will be available, if needed, for the June 10, 2014,
Primary Election (if held).
¦ Public Information: Public notice of the proposed change was published in the
Beacon on March 9th and March 16th, and this item also was advertised in the same
manner as all other agenda items. All voters in the precinct will receive new voter cards
with the name and address of the new polling location. Finally, advertisements will be
placed in the newspaper prior to the next election wherein this location is needed.
¦ Attachments: Ordinance and Map
Recommended Action: Approval
Submitting Department/Agency: Voter Registrar ,
City Manage • ?k N&Il
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AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
CODE TO CHANGE THE POLLING LOCATION OF THE
OLD DONATION PRECINCT
SECTION AMENDED: § 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code is hereby amended and reordained, to read
as follows:
Sec. 10-1. Establishment of precincts and polling places.
There are hereby established in the city the following precincts and their
respective polling places, as set forth below:
Precinct Polling Place
Alanton Alanton Elementary School
Aragona Kemps Landing Magnet School
Arrowhead Arrowhead Elementary School
Avalon Woodstock Elementary School
Baker Ebenezer Baptist Church
Bayside Bayside Elementary School
Bellamy Salem Middle School
Blackwater Blackwater Fire Station
Bonney Holland Road Baptist Church
Brandon Brandon Middle School
Brookwood Plaza Annex
Buckner Green Run Baptist Church
Cape Henry Research and Enlightenment Building (Edgar
Cayce Library)
Capps Shop Back Bay Christian Assembly
Centerville Centerville Elementary School
Chesapeake Beach Bayside Baptist Church
Chimney Hill Congregation Beth Chaverim
College Park College Park Elementary School
Colonial Colonial Baptist Church
Colony Lynnhaven Colony Congregational Church
Corporate Landing Corporate Landing Middle School
Courthouse Courthouse Fire Station
Creeds Creeds Fire Station
Cromwell Salem United Methodist Church
Culver Ocean Lakes High School
Dahlia Green Run High School
Davis Corner Bettie F. Williams Elementary School
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50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
Eastern Shore
Edinburgh
Edwin
FairField
Foxfire
Glenwood
Great Neck
Green Run
Haygood
Hillcrest
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Christopher
LakeJoyce
Lake Smith
Landstown
Larkspur
Lexington
Linkhorn
71 Little Neck
72 London Bridge
73 Lynnhaven
74 Magic Hollow
75 Malibu
76 Manor
77 Mt. Trashmore
78 Newtown
79 North Beach
80 North Landing
81 Ocean Lakes
82 Ocean Park
83 Oceana
84 Old Donation
85
86 Pembroke
87 Pinewood
88 Plaza
89 Pleasant Hall
90 Point O'View
91 Red Wing
92 Rock Lake
93 Rosemont Forest
Eastern Shore Chapel
St. Aidan's Episcopal Church
Kempsville Recreation Center
Kempsville Presbyterian Church
Princess Anne Middle School
Glenwood Elementary School
All Saints Episcopal Church
Green Run Elementary School
Haygood United Methodist Church
Victory Baptist Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholic Church
King's Grant Presbyterian Church
New Convenant Presbyterian Church
Morning Star Baptist Church
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Larkspur Middle School
Virginia Beach Community Chapel
Lynnhaven United Methodist Church
London Bridge Baptist Church
Tidewater Area Christian Fellowship
Virginia Beach Moose Family Center
Malibu Elementary School
Providence Elementary School
Windsor Woods Elementary School
Good Samaritan Episcopal Church
Galilee Episcopal Church
Hope Haven
Ocean Lakes Elementary School
Bayside Community Recreation Center
Scott Memorial United Methodist Church
Calvary Baptist Church
Pembroke Elementary School
Lynnhaven Presbyterian Church
Lynnhaven Elementary School
Kempsville Baptist Church Pleasant Hall Annex
Kempsville Church of Christ
Fraternal Order of Police, Lodge #8
Salem Elementary School
Rosemont Forest Elementary School
94 Roundhill
95 Rudee
96
97 Seatack
98 Shannon
99 Shelburne
100 Shell
101 Shelton Park
102 Sherry Park
103 Sigma
104 South Beach
105 StratFord Chase
106 Strawbridge
107 Tallwood
108 Thalia
109 Thoroughgood
110 Timberlake
111 Trantwood
112 Upton
113 Village
114 Windsor Oaks
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116
117
118
119
120
121
122
Witchduck
Wolfsnare
Central Absentee Voter
Precinct
Salem High School
Virginia Beach Volunteer Rescue
Building
Mount Olive Baptist Church
Church of the Ascension
Christopher Farms Elementary School
Unity Church of Tidewater
Shelton Park Elementary
St. Matthews Catholic Church
Red Mill Elementary School
Contemporary Art Center of Virginia
Community United Methodist Church
Strawbridge Elementary School
Tallwood Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Three Oaks Elementary School
Thalia Lynn Baptist Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Agriculture/Voter Registrar Building
Squad
Satellite Absentee Voter Courthouse Fire Station, Department of Motor
Precincts (only for November Vehicles Office-Donna Drive, Department of
Elections and Presidential Motor Vehicles Office-Buckner Boulevard
Primaries)
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of 12014.
APPROVED AS TO CONTENT:
'L_)L _'_?
oter Reg trar
CA12902
R-1
February 26, 2014
APPROVED AS TO LEGAL
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: (1) An Ordinance to Amend the City Code of the City to Create the Gills Cove
Neighborhood Dredging Special Service District, and to Levy Additional Taxes
on Real Property within the Gills Cove Neighborhood Dredging Special Service
District
(2) An Ordinance to Create Capital Project #8-016, "Gills Cove Neighborhood
Dredging" and to Transfer Funds to CIP #8-016
MEETING DATE: March 25, 2014
¦ Background: In the FY 2011-12 Budget Process, the City Council adopted a
policy for neighborhood dredging. The policy provides the purpose and the need
underlying the establishment of various special service districts. Benefits expected
through the establishment of a neighborhood dredging special service district include
the preservation of navigable waterways, the enhancement and improvement of storm
water capacity and water quality, the protection of public recreation areas, and the
protection of property within each service district.
As provided by the policy, the City may partner with neighborhoods wherein at least
80% of the affected property owners provide signed petitions asking for the
establishment of a special service district. As part of this agreement, the City will pay
for the dredging of the City spur channel, and the Special Service District will pay for the
neighborhood channel dredging. The City, through its Department of Public Works, has
received signed petitions from a sufficient number of the affected property owners in the
Gills Cove Area to meet the 80% threshold. The Gills Cove Area Dredging Special
Service District ("Service District") will serve 23 properties. The first dredging is planned
in FY 2015-16, with the second and third dredging cycles expected to occur in FY 2022-
23 and FY 2029-30, respectively.
The City staff has provided the enumerated special service district levy based on the FY
2013-14 assessed values of the properties within the Service District. The staff will re-
calculate the estimated project costs at least every four years. After the completion of
the third dredging cycle and the payment of any outstanding costs associated with the
dredging, the Service District will dissolve, and the properties will no longer be subject
to the additional levy.
¦ Considerations: State law permits the City to establish a special service district
for the purpose of providing additional services, including dredging creeks and rivers to
maintain existing uses. A neighborhood dredging project is a partnership befinreen the
City, the neighborhood, and the property owners. For the Gills Cove Area, the City's
obligation for the spur channel is an estimated $14,502 for the initial dredging in
FY2015-16. The neighborhood channel dredging that is provided by the Service District
is an estimated $69,646, with $24,122 expected in cumulative real estate taxes
Neighborhood Dredging SSD
Page 2 of 2
generated through year 3. Property owners have the option of providing individual
contributions to pay the costs associated with property access channel dredging;
however, these costs are not reflected in the project at this time.
The Service District is not anticipated to generate ample funding through the levy to
complete the first neighborhood channel dredging in FY 2015-16 as planned; therefore,
the City will provide an estimated $45,524 in additional funding beyond the City's
contribution for the spur channel in order to initiate the first dredging, with the Service
District repaying the City's General Fund in future years.
Using the FY2013-14 assessed values, the additional levy on the 23 properties is 6.3
cents per $100 of assessed value. This levy will provide the funding for the
neighborhood channel dredging. The effective date of the Service District levy will be
July 1, 2014.
A second ordinance is attached. This ordinance establishes Capital Project 8-016,
"Gills Cove Neighborhood Dredging," to capture the costs associated with the Gills
Cove Neighborhood Dredging Project. A total of $24,000 is provided to the project in
FY 2013-14 design and a total of $ 61,000 is provided by City and SSD sources to
initiate the first dredging in FY2015-16.
¦ Public Information: This item has been advertised for three successive weeks
in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public
information will be provided through the normal Council agenda process.
¦ Recommendations: Approval of the two attached ordinances.
¦ Attachments: Ordinances (2), Map, Property List
Recommended Action: Approval
Submitting DepartmentlAgency: Public Worksto P4V 0
City Manager. 5 ? wA
47 Section 35 3-12 Creation of the Gills Cove Area Dredqinq Special Services
48 District.
49 a. There is hereby created the Gills Cove Area Dredqinq Special Service District for
50 the purposes set forth in this chapter and those set forth in Code of Virqinia,
51 section 15.2-2403.
52 b. The boundaries of the Gills Cove Area Dredqinq Special Service District shall be
53 described in detail bv the map attached to this ordinance.
54 c. The Gills Cove Area Dredqinq Special Service District shall dissolve on Julv 1,
55 2030, if not sooner.
56
57 2. There shall be levied and collected taxes for the special purpose of providing
58 neighborhood dredging on all real estate within and pursuant to the Gills Cove Area
59 Dredging Special Service District at the rate of 6.3 cents ($0.063) on each one hundred
60 dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to
61 the real estate tax rate set forth by the General Real Estate Tax Levy adopted by City
62 Council. Any deferral of such levies for elderly or disabled persons shall be subject to §
63 35.3-5.1. As set forth in Code of Virginia § 15.2-2403(6), written consent is required to
64 apply this tax rate to the full assessed value of properties subject to special use value
65 assessment. The real estate tax rate imposed herein shall be applied on the basis of
66 one hundred percentum (100%) of the fair market value of such real property except for
67 public service real property, which shall be on the basis as provided in Code of Virginia
68 § 58.1-2604.
69
70 3. The City Manager or designee is hereby authorized to enter into contracts and to
71 perForm other actions consistent with this ordinance.
72
73 4. Paragraphs 1 and 3 shall be effective immediately.
74
75 5. Paragraph 2 shall be effective July 1, 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICII
? ' - ...
;
i y A o r n y's Office
CA12896
R-2
February 24, 2014
APPROVED AS TO CONTENT:
1 AN ORDINANCE TO CREATE CAPITAL PROJECT #8-016,
2 "GILLS COVE NEIGHBORHOOD DREDGING," TO
3 APPROPRIATE FUNDS AND TO TRANSFER FUNDS TO
4 C I P #8-016
5
6 WHEREAS, by separate ordinance the City Council established the Gills Cove
7 Neighborhood Dredging Special Service District;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, THAT:
11
12 1. Capital Improvement Project #8-016, "Gills Cove Neighborhood Dredging" is
13 hereby created in the FY 2013-14 Capital Improvement Program; and
14 2. $24,000 is hereby transferred from the General Fund Reserve for Contingencies
15 to Capital Project #8-016 for engineering and design work.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2014.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
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Management Services ubl'c rks
APPROVED AS TO LEGAL SUFFICIENCY:
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CA12897
R-1
February 24, 2014
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Attachment 6
Neighborhood Dredging for Middle Plantation - Gills Cove
6/24/2013
Number GPIN Address
GC1 1498-25-4373-0000 901 Enfield Chase
GC2 1498-25-3424-0000 905 Enfield Chase
GC3 1498-25-1499-0000 909 Enfield Chase
GC4 1498-25-0597-0000 913 Enfield Chase
GC5 1498-15-9631-0000 3201 Nine Elms
GC6 1498-15-9422-0000 3205 Nine Elms
GC7 1498-15-7464-0000 3209 Nine Elms
GC8 1498-15-5546-0000 3208 Nine Elms
GC9 1498-15-6704-0000 3204 Nine Elms
GC10 1498-15-3816-0000 3225 Stapleford Chase
GC11 1498-15-1868-0000 3229 Stapleford Chase
GC12 1498-15-1553-0000 Upper Palace Green ( Lot Only )
GC13 1498-15-1390-0000 3300 Upper Palace Green
GC14 1498-05-9155-0000 3305 Upper Palace Green
GC15 1498-04-7648-0000 936 Salisbury Green
GC16 1498-14-0771-0000 3361 Herons Gate
GC17 1498-14-2812-0000 3357 Herons Gate
GC18 1498-14-3747-0000 3116 Yeates Lane
GC19 1498-14-4884-0000 3108 Yeates Lane
GC20 1498-15-6014-0000 3100 Yeates Lane
GC21 1498-14-7829-0000 3092 Yeates Lane
GC22 1498-14-9651-0000 3089 Yeates Lane
GC22A 1498-14-8945-0000 Yeates Lane ( Lot & Dock Only )
GC23 1498-25-1007-0000 3076 Yeates Lane
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance declaring a 1,338 Sq. Ft. (0.031 Ac.) portion of City property
located at Lake Rudee (a portion of GPIN 2427-01-8282) to be in excess of the
City's needs and authorizing the City Manager to sell this portion of property to
Ronald G. Kiser, Jr. and Tarah D. Kiser
MFFTING nATE- March 25. 2014
¦ Background:
The City is the owner of a 10.37 ± acre parcel of land in the neighborhood known
as Shadowlawn Heights (GPIN 2427-01-8282) located at Lake Rudee (the "Lake
Rudee Property").
Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Kisers") own an adjacent property
at 606 Goldsboro Avenue. The Kisers approached the City with an offer to
purchase a 1,338 sq. ft. (0.031 acre) portion of the Lake Rudee Property (the
"Excess Property") for $12,800. As a condition of the purchase, the Kisers will
resubdivide their existing parcel with the Property into one residential lot.
This matter was originally scheduled to be heard on February 25, 2014, but due
to an error in the advertisement, it was continued to the next Council date, March
11, 2014. The public hearing was held on March 11, 2014. The Ordinance for
the sale of property requires a super-majority vote. There were not enough
members present to approve the sale by super-majority vote, and, therefore, the
sale was deferred until the next Councii date, March 25, 2014.
¦ Considerations:
City Staff has reviewed the request and recommended approval of same.
¦ Public Information:
Advertisement of City Council Agenda and the advertisement for public hearing
as required by Section 15.2-1800 Code of Virginia
¦ Alternatives:
Approve the sale as presented, deny the sale and encroachments, or add
conditions as desired by Council.
¦ Recommendations:
Approve the request subject to the terms set forth in the Summary of Terms
attached to the Excess Property Ordinance.
¦ Attachments:
Ordinance, Summary of Terms, Plat, and Location Map
Recommended Action: Approval of the ordinance
Submitting DepartmentlAgency: Public Works/Real Estate
City Manager: S )L
` Z
1 AN ORDINANCE DECLARING A 1,338
2 SQ. FT. (0.031 AC.) PORTION OF
3 PROPERTY LOCATED AT LAKE
4 RUDEE (a portion of GPIN 2427-01-
5 8282) TO BE IN EXCESS OF THE
6 CITY'S NEEDS AND AUTHORIZING
7 THE CITY MANAGER TO SELL THIS
8 PORTION OF PROPERTY TO
g RONALD G. KISER, JR. AND TARAH
lo D. KISER
11
12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
13 10.37± acre parcel of land in the neighborhood known as Shadowlawn Heights (GPIN:
14 2427-01-8282) located at Lake Rudee in the City of Virginia Beach (the "Lake Rudee
15 Property");
16
17 WHEREAS, Ronald G. Kiser, Jr. and Tarah D. Kiser (the "Kisers") approached
ls the City with an offer to purchase a 1,338 sq. ft. (0.031 Acre) portion of the Lake Rudee
19 Property, more particularly described on Exhibit "A" attached hereto (the "Excess
20 Property") to incorporate the Excess Property into their adjacent residential property at
21 606 Goldsboro Avenue to provide access to the water;
22
23 WHEREAS, the City Council has determined that the Kisers' intended use is an
24 appropriate use for the Excess Property; and
25
26 WHEREAS, the City Council is of the opinion that the Excess Property is in
27 excess of the needs of the City of Virginia Beach.
2s
29
30 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
33 That the Excess Property is hereby declared to be in excess of the needs of the
34 City of Virginia Beach and that the City Manager is hereby authorized to execute any
35 documents necessary to convey the Excess Property to Ronald G. Kiser, Jr. and Tarah
36 D. Kiser, in accordance with the Summary of Terms attached hereto as Exhibit "B" and
37 made a part of this Ordinance, and such other terms, conditions or modifications as may
38 be acceptable to the City Manager and in a form deemed satisfactory by the City
39 Attorney.
40
41 This ordinance shall be effective from the date of its adoption.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
44 of , 2014.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA-12766
R-1
PREPARED: 2/13/14
APPROVED AS TO CONTENTS
? ?(-i ????- C. . ,
P' LIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUF.F.,I,CIENCY AND FORM
?Y?A' ?RNEY
IA E CITY A'TTORNEY
6ANA R. HARMEYER
5.0' 6.0'
PROP. PROP.
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? PROPERTY TO BE (SCALED PLAT LINE)
ACQUIRED FROM COVB
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EXISTING BULKHEAD
EQUALS 1,338 5Q. FT.
JOHN B. PARKER, III
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NANCY K. PARKER
D.B. 1744 P. 454
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EXHIBIT A
ENCROACHMENT PLAT
SHOWING
PIER, BOAT LIFT AND BULKHEAD
LOCATED IN
LAKE RUDEE
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FOR
EASTERN 1/2 OF LOT 8, LOTS 9& 10
BLOCK 28, MAP OF SHADOWLAWN HEIGHTS
M.B. 7 P. 14
VIRGINIA BEACH, VIRGINIA
SCALE: 1' = 40' DECEMBER 5, 2013
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EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY ON LAKE RUDEE
SELLER:
PURCHASERS:
PROPERTY:
City of Virginia Beach
Ronald G. Kiser, Jr. and Tarah D. Kiser
Approximately 1,338± square feet of GPIN 2427-01-8282,
located adjacent to 606 Goldsboro Avenue and Lake Rudee
LEGAL DESCRIPTION:
Portion of GPIN: 2427-01-8282
ALL THAT certain lot, piece or parcel of land, lying, situate
and being in the City of Virginia Beach, Virginia and being
designated and described as "PROPERTY TO BE
ACQUIRED FROM COVB 1338 SQ. FT." as shown on that
certain exhibit entitled, "EXHIBIT A ENCROACHMENT
PLAT SHOWING PIER, BOAT LIFT AND BULKHEAD
LOCATED IN LAKE RUDEE," which exhibit is attached
hereto as Exhibit A for a more particular description.
IT BEING a portion of the property conveyed to the City of
Virginia Beach, a municipal corporation, by Deed of Gift
from Edwin B. Lindsley, Jr., dated March 28, 2001 and
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia Beach in Deed Book 4388,
at page 1201, and re-recorded as Instrument Number
20100915000966510.
SALE PRICE: $12,800.00
CONDITIONS OF SALE:
• The Purchasers shall, at the Purchasers' expense, resubdivide the
property and vacate interior lot lines to incorporate the Property into the
Purchasers' adjacent property at 606 Goldsboro Avenue
• The Purchasers shall submit a site plan for review and approval by the
Planning Department prior to any construction.
0 The Purchaser shall adhere to all zoning ordinances.
• Purchasers and Seller shall each be responsible for their own closing
costs.
• Purchasers have a sixty (60) day due diligence period from the date of full
execution of the Agreement of Sale within which to terminate the
Agreement.
• Settlement shall occur no later than ninety (90) days after the execution of
the Agreement of Sale by all parties.
ts,;4' Na?
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CITY OF VIRGINIA BEACH
, AGENDA ITEM J
ITEM: An Ordinance declaring the property located at 1889 Virginia Beach Boulevard
(GPIN 2407-46-8073) to be in excess of the City's needs and authorizing the
City Manager to sell the property to Air Station General, LC.
MEETING DATE: March 25, 2014
¦ Background: The City acquired 1889 Virginia Beach Boulevard (former Ciola's
restaurant which subsequently became the Encore nightclub) in May 2010 for
$1,020,524 (the "Property"). The Property is located within Accident Potential Zone 1
and was purchased pursuant to the APZ-1/Clear Zone Use and Acquisition Plan to
eliminate the incompatible commercial use.
A request for proposals ("RFP") was issued on May 20, 2013 with a minimum bid
purchase price of $290,000. The City received one proposal in response to the RFP
from Kevin Lefcoe, a principal in Air Station General, LC, for $290,000. Lefcoe also
owns the adjacent property, known as Air Station Storage, at 1917 Virginia Beach
Boulevard.
The APZ-1/CZ Master Plan designates the area as non-residential and appropriate for
compatible uses under the AICUZ guidelines. The APZ-1 Disposition Committee has
evaluated the parcel and determined that it should be sold and developed with a
compatible commercial use.
Air Station General, LC proposes to purchase the Property to assemble it with its
adjacent property. A new multi-level self-storage facility will be developed on the
Property.
¦ Considerations: Air Station General, LC has signed a purchase agreement
with specific design criteria and use restrictions, which shall be incorporated as a deed
restriction at closing.
The site shall be used for self-storage. The proposed use is compatible with Section
1804 of the City's Zoning Ordinance.
¦ Public Information: Advertisement of Public Hearing as required by Section
15.2-1800 Code of Virginia and advertisement of City Council Agenda.
¦ Alternatives: Retain ownership of land.
¦ Recommendations: Approve the request and authorize the City Manager to
execute all necessary documents to convey the Property subject to the terms and
conditions in the attached Summary of Terms and such other terms, conditions or
modifications as may be satisfactory to the City Manager and in a form deemed
satisfactory by the City Attorney.
¦ Revenue restriction: The City funded the acquisition of the property through
the partnership with the Commonwealth of Virginia. The proceeds from the sale of the
Property in the amount of $290,000 will be received and fifty percent (50%) of the
amount will be appropriated to CIP #9-060, Oceana and InterFacility Traffic Area
Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment
by the City Manager to refund the Commonwealth's portion in accordance with the grant
agreement. A manual encumbrance will be established to ensure that the $145,000
retained by the City will be available for BRAC program acquisitions in future years per
the agreement with the Commonwealth.
¦ Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval of the ordinance
., .
Submitting Department/Agency: Economic DevelopmenF `',
1,
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City Manager.
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1 AN ORDINANCE DECLARING THE PROPERTY LOCATED AT
2 1889 VIRGINIA BEACH BOULEVARD (GPIN 2407-46-8073)
3 TO BE IN EXCESS OF THE CITY'S NEEDS AND
4 AUTHORIZING THE CITY MANAGER TO SELL THE
5 PROPERTY TO AIR STATION GENERAL., LC
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land
8 located at 1889 Virginia Beach Boulevard and further described on Exhibit A attached
9 hereto and made a part hereof (the "Property");
10
11 WHEREAS, the City acquired the Property pursuant to the Oceana and
12 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060);
13
14 WHEREAS, the City funded the acquisition of the APZ-1 purchase through a
15 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
16 contributing fifty percent (50%) of the purchase price;
17
18 WHEREAS, the Property is in an area designated for non-residential use in the
19 APZ-1 /Clear Zone Master Plan adopted by Council on April 1, 2008;
20
21 WHEREAS, the APZ-1 Disposition Committee has recommended that City
22 Council declare the Property to be in excess of the City's needs and sell the Property to
23 Air Station General, LC ("Air Station");
24
25 WHEREAS, Air Station will construct a multi-level self-storage facility on the
26 Property to prescribed standards acceptable to the City, which is a use compatible with
27 Section 1804 of the City's Zoning Ordinance;
28
29 WHEREAS, Air Station will purchase the Property in accordance with the
30 Summary of Terms attached hereto as Exhibit B and made a part hereof; and
31
32 WHEREAS, the City Council is of the opinion that the Property is in excess of the
33 needs of the City of Virginia Beach.
34
35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37
38 That the Property described on Exhibit A is hereby declared to be in excess of
39 the needs of the City of Virginia Beach and that the City Manager is hereby authorized
40 to execute any documents necessary to convey the Property to Air Station General, LC,
41 in accordance with the Summary of Terms attached hereto as Exhibit B and such other
42 terms, conditions or modifications as may be acceptable to the City Manager and in a
43 form deemed satisfactory by the City Attorney.
44
45 Further, that the revenue from the sale of the Property in the amount of $290,000
46 shall be received and appropriated to CIP #9-060, Oceana and Interfacility Traffic Area
47
48
49
50
51
52
53
54
55
56
Conformity and Acquisition, of which fifty (50) percent shall be deposited for future
payment by the City Manager to refund the Commonwealth's portion in accordance with
the grant agreement. A manual encumbrance will be established to ensure that the
$145,000 retained by the City will available for BRAC program acquisitions in future
years per the agreement with the Commonwealth.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
.2014.
APPROVED AS TO CONTENT
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Economic D velopment ?
APPROVED AS TO CONTENT
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Management Services
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CA1 t950
\\vbgov.com\DFS l \.4pplications\Ciryl.aw Prod\cycom32\ W pdocs\D00TP018\00114952.doc
R-1
3/11/14
APPROVED AS TO LEGAL
SUFFICIENCY
City At rney
F,XHTRTT A
ALL THAT certain lot, piece or parcel of land, together with the improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia and being known as
"GPIN: 2407-46-8073" and further being designated as "GPIN 2407-46-8073 52,695
SQ. FT. 1.210 ACRES" as shown on that certain plat entitled, "PLAT SHOWING
PROPERTY TO BE ACQUIRED FROM K& D REAL ESTATE INVESTMENTS, LLC BY
CITY OF VIRGINIA BEACH FOR CIP 9-060.001 VIRGINIA BEACH, VIRGINIA," Scale:
1"=40', Dated March 10, 2010, which plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia as Instrument Number
20100428000394350.
Reserving unto the City all right, title and interest of the City, if any, in and to any and all
easements, rights of way, private roads and other rights of access, ingress and/or
egress adjacent to, appurtenant to or in any way benefiting the above described
property.
IT BEING the same property conveyed to the City of Virginia Beach from K& D Real
Estate Investments, LLC by deed dated April 27, 2010 and recorded in the aforesaid
Clerk's Office as Instrument Number 20100507000435710.
EXHIBIT B
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY AT 1889 VIRGINIA BEACH BOULEVARD
SELLER: City of Virginia Beach
PURCHASER: Air Station General, LC
PROPERTY: 1889 Virginia Beach Boulevard, GPIN: 2407-46-8073 and
further described on the attached Exhibit A to the Ordinance
SALE PRICE: $290,000
CONDITIONS OF SALE
• Purchaser will be responsible for applying for a conditional use permit
allowing a multi-level self-storage facility in the zoning district
• Purchaser will be responsible for applying for a variancF from the
Chesapeake Bay Board due to the proposed development's proximity to
the Resource Protection Area (RPA)
• The Property will be resubdivided at the Purchaser's expense in order to
vacate any interior lot lines
• Purchaser shall submit a site plan for review and approval by the Planning
Department for the construction of a multi-level self-storage facility prior to
settlement
• Purchaser shall be responsible for the construction of a turn lane for
access to the Property should one be required during site plan review
• The City will retain the right to repurchase the Property, less deposit, if
Purchaser does not construct within 24 months of settlement
• Purchaser will conform to restrictive covenants and design criteria
regarding use, construction, materials, signage, parking, and landscaping
0 Settlement will be on or before December 31, 2014.
Q,Cl P AEpc?.
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: An Ordinance to Amend the 19th Street Corridor Improvements Project (CIP
9-069) to Include the Study and Design of an Arena in the List of
Development Projects
MEETING DATE: March 25, 2014
¦ Background: On November 8, 2013, the City of Virginia Beach (the "City")
received an unsolicited proposal under the Public-Private Education Facilities and
Infrastructure Act of 2002 (the "PPEA") for the development of a major arena and
entertainment venue in the City's Resort Area. After advertising for competing
proposals, the City received a second proposal on February 17, 2014. As required, the
two proposals have been posted within 10 days of acceptance.
In order to undertake appropriate due diligence, City staff seeks authorization to spend
funds from the 19th Street Corridor Improvements Project (CIP 9-069) (the "19'h Street
CIP") to include review of the overall scope of each proposal and market assumptions;
assess the traffic, parking, infrastructure, utilities and storm water requirements of each
proposal; provide outside independent legal services as necessary; and provide
construction management services during the review and assessment phases.
The 19t" Street CIP was approved and funded by City Council for study, design,
property acquisition and minimal infrastructure improvements for the Dome Site,
headquarters hotel and expansion of the existing convention center. An arena is not
identified as a development project under the 19th Street CIP.
¦ Considerations: Sufficient funds are available in the 19th Street CIP to fund the
necessary studies and services relating to an arena, but the description and scope of
the 19th Street CIP as written does not clearly authorize the use of funds for the
completion of these studies.
¦ Public Information: This item will be advertised as part of the regular City
Council Agenda process. Additionally, the City has initiated a Citizens Communications
Committee to assist in citizen engagement and outreach.
¦ Attachments: Ordinance; Current CIP 9-069 Information Page
Recommended Action: Approval
Submitting Department/Agency: Economic Development
?--, C?
City Manager. "
1 AN ORDINANCE TO AMEND THE 19T" STREET
2 CORRIDOR IMPROVEMENTS PROJECT (CIP 9-
3 069) TO INCLUDE THE STUDY AND DESIGN OF
4 AN ARENA IN THE LIST OF DEVELOPMENT
5 PROJECTS
6
7 WHEREAS, the 19th Street Corridor Improvements (CIP 9-069) project (the
8 "Project") provides funding for the study and design of various projects in the 19th Street
9 Corridor;
10
11 WHEREAS, the City of Virginia Beach has accepted finro proposals for the design
12 and construction of an arena in the 19th Street Corridor; and
13
14 WHEREAS, the City Council desires to expand the scope of the Project to
15 authorize the expenditure of funds for the study and design of an arena in the 1 gtn
16 Street Corridor near the Virginia Beach Convention Center.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the description and scope of the 19th Street Corridor Improvements (CIP 9-
22 069) is hereby amended to include the study and design of an arena in the list of
23 development projects.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia on the day
26 of 12014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFF4Q NCY:
:
Q,
Budget and Management Servi es ty At ey' Office
CA12945
R-1
March 19, 2014
City of Virginia Beach, Virginia Fiscal Years 2013-14 thraugh 2018-19 Capitai Improvement Pragram
Praject: 9069000 Title: 1qth 5treet Garridar Impraverrents Status: Approved
Category_ Ecanomic and Tourism Oev - EV Departmerrt: Pubiic Works
Project _ .- Lor-ation
Project Type: New Facildy CanstructionlExpansion Distriet: 8each
.. - .
Pragramrned Appropriated Budgeted 1Von-,Appmpriated Programmed C!P Funding Future
Funding To Date FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Furtdin
123001000 12,700 ,000 d D 0 t3 0 0 D
D- . . . .,-
This project provides initial start up fonding #or study, design; properiy acquisition, and minimal infraslructure improvements to implement the
Ftesort Rrea Strategic Action Plan's 19ih StreetlCenfial Beach Gorridor. The project includes study and design to implement recammended
developmcnt projects including fhe Dome site entenainment project, headquarters hotel; and expansion of the existing convention center. The
project provides funding for stuc#y and design for full streetscape impravements from Parks Avenue to Arctic Avenue. The praject also provides
funding for acquisition af proper[y fior sparking faciiiry to be locaied in #he block of '19th Stree# baunded by Arctic Avenue, 20th Street, and
Baltic Avenue (see project 9-095 Arctic Avenue Parking Facility).
Purpose
dn December 2, 2008, the Res4rt Area Strategic Action Plan (RASAP) was adopted by the Ciry Council. Induded in the plan a€e near-term,
mid-tem7, and Iang-term implementation steps that are necessary to bring the vision expressed in the plan to reality. This project facilitates bc,th
near-term and long-term implementation steps creating a comprehensive pian to develop the 19th Street corridor from 8irdneck Road to Pacific
Avenue.
. , .
This project first appeared in the FY 2006-07 CIP. The projsct scope was revised in the FY 2010-11 and in the FY 2011-12 CIPs. {7n February
28, 2012, City Counci} transferred :b100,000 from this project ta project 9-058, Rudee Inlet Cannector Walk to advance the bidding and
eanstruction of Phase I; the funding was repaid ta this project in FY 2012-13_ As of November 2012, preliminary design was well underway with
30°!o desi n larrs scheduled to be com leted in MarcM 2013.
•.- . : ..et Impacts
Operatinq budget impacts ta be determined; and may include increased tsndscape rnaintenance and electrical costs.
Project .. Schedule .
Praject Activities From - Ta Amount
tlesign 07t06 - 06l14 600,000
Site Acquisition 01107 - 06/14 9,200,000
Private Utility Adjustments 01108 - 06115 200,400
ConstrucCion 1 Q108 - 06115 1,800,000
Street Lighfs 01109 - 06115 300,000
l, ? Landscaping 41109 - 06115 200,000
Contingencies 07106-06115 400,000
+a.,??? _ t
Tatal 8udgetary Cost Estimate. 12,700,000
4 ? ?'"
' „ -
?14
Funding Subcfass Amount
?Local Funding 12;700,000
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--??uE fTatal Funding: 12,700,000
FiSCaI Year 2013 - 14 2-7 tconoinic v naony
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting Fourteen Franchise Agreements for Open Air Cafes in
the Resort Area
MEETING DATE: March 25, 2014
¦ Background: By resolution adopted November 15, 1985, City Council
authorized the City Manager to promulgate Open Air Cafe Regulations, which have
been amended from time to time, for the operation of open air cafes on public property.
The City has developed a franchise agreement for the regulation of open air cafes,
which the grantees are required to execute as a condition of the grant. The City Council
has traditionally granted initial franchises for one-year terms. If an open air cafe is
successfully operated during the initial one-year term, the franchisee may return to
Council upon the expiration of the one-year term and request a five-year franchise
agreement.
¦ Considerations: The following fourteen entities have successfully operated
open air cafes pursuant to either one-year or five-year franchise agreements, and are
seeking renewal of their franchise agreements for five year terms: (1) BBH Hughes
Corp., t/a 18th Street Cafe, for operation of a Boardwalk cafe; (2) Baja Taco, Inc., t/a
Baja Cantina Cafe, for operation of an Atlantic Avenue Side Street cafe; (3) Surfside
Resort, Inc., t/a Fish Bones Restaurant, for operation of a Connector Park cafe; (4)
Theme Restaurants, Inc., t/a II Giardino, for operation of an Atlantic Avenue Side Street
cafe; (5) Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue Side
Street cafe; (6) Seashore Management, Ltd., Ua Laverne's, for operation of a Connector
Park cafe; (7) Samia, Inc., t/a Manhattan, for operation of an Atlantic Avenue Sidewalk
cafe; (8) Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue Sidewalk
cafe; (9) I.S.A., Inc., t/a Seaside Galley, for operation of a Boardwalk cafe; (10) Dunes
Investment Associates, LLC, Ua The Beach Club, for operation of a Boardwalk cafe;
(11) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Boardwalk
cafe; (12) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a
Connector Park cafe; (13) First Fruits, LLC, t/a Tropical Smoothie, for operation of an
Atlantic Avenue Side Street cafe; and (14) Fogg's Seafood Company, t/a Waterman's,
for operation of a Connector Park cafe.
¦ Public Information: A public notice was published in The Beacon on March 16,
2014 and March 23, 2014.
¦ Attachments: Ordinance
Recommended Action: Adopt Ordinance
Submitting DepartmenUAge cy: Strategic Growth Area Office
City Manager: ?l??
1 AN ORDINANCE GRANTING FOURTEEN FRANCHISE
2 AGREEMENTS FOR OPEN AIR CAFES IN THE
3 RESORT AREA
4
5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended
7 from time to time, for the operation of open air cafes on public property; and
8
9 WHEREAS, the City Council has traditionally granted initial franchises for one-
10 year terms; and
11
12 WHEREAS, if an open air cafe is successfully operated during the initial one-
13 year term, the franchisee may return to Council and request a five-year franchise
14 agreement; and
15
16 WHEREAS, the following fourteen entities have successfully operated open air
17 cafes pursuant to either one-year or five-year franchise agreements, and are seeking
18 renewal of their franchise agreements for five-year terms: (1) BBH Hughes Corp., t/a
19 18th Street Cafe, for operation of a Boardwalk cafe; (2) Baja Taco, Inc., t/a Baja Cantina
20 Cafe, for operation of an Atlantic Avenue Side Street cafe; (3) Surfside Resort, Inc., t/a
21 Fish Bones Restaurant, for operation of a Connector Park cafe; (4) Theme Restaurants,
22 Inc., t/a II Giardino, for operation of an Atlantic Avenue Side Street cafe; (5) Karpathos,
23 Inc., t/a King of the Sea, for operation of an Atlantic Avenue Side Street cafe; (6)
24 Seashore Management, Ltd., t/a Laverne's, for operation of a Connector Park cafe; (7)
25 Samia, Inc., Ua Manhattan, for operation of an Atlantic Avenue Sidewalk cafe; (8)
26 Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue Sidewalk cafe; (9)
27 I.S.A., Inc., t/a Seaside Galley, for operation of a Boardwalk cafe; (10) Dunes
28 Investment Associates, LLC, t/a The Beach Club, for operation of a Boardwalk cafe;
29 (11) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a Boardwalk
30 cafe; (12) Ocean Beach Club Owner's Association, t/a Tortugas, for operation of a
31 Connector Park cafe; (13) First Fruits, LLC, t/a Tropical Smoothie, for operation of an
32 Atlantic Avenue Side Street cafe; and (14) Fogg's Seafood Company, t/a Waterman's,
33 for operation of a Connector Park cafe; and
34
35 WHEREAS, the Strategic Growth Area Office recommends that the above-
36 named entities be granted open air cafe franchise agreements.
37
38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH:
40
41 That the City Council hereby grants five-year franchise agreements to (1) BBH
42 Hughes Corp., t/a 18th Street Cafe, for operation of a Boardwalk cafe; (2) Baja Taco,
43 Inc., t/a Baja Cantina Cafe, for operation of an Atlantic Avenue Side Street cafe; (3)
44 Surfside Resort, Inc., t/a Fish Bones Restaurant, for operation of a Connector Park cafe;
45 (4) Theme Restaurants, Inc., t/a II Giardino, for operation of an Atlantic Avenue Side
46 Street cafe; (5) Karpathos, Inc., t/a King of the Sea, for operation of an Atlantic Avenue
47 Side Street cafe; (6) Seashore Management, Ltd., t/a Laverne's, for operation of a
48 Connector Park cafe; (7) Samia, Inc., t/a Manhattan, for operation of an Atlantic Avenue
49 Sidewalk cafe; (8) Scrambled, Inc., t/a Scrambled, for operation of an Atlantic Avenue
50 Sidewalk cafe; (9) I.S.A., Inc., Ua Seaside Galley, for operation of a Boardwalk cafe;
51 (10) Dunes Investment Associates, LLC, t/a The Beach Club, for operation of a
52 Boardwalk cafe; (11) Ocean Beach Club Owner's Association, t/a Tortugas, for
53 operation of a Boardwalk cafe; (12) Ocean Beach Club Owner's Association, t/a
54 Tortugas, for operation of a Connector Park cafe; (13) First Fruits, LLC, t/a Tropical
55 Smoothie, for operation of an Atlantic Avenue Side Street cafe; and (14) Fogg's
56 Seafood Company, t/a Waterman's, for operation of a Connector Park cafe.
Adopted by the City Council of Virginia Beach, Virginia on this day of
12014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Strategic Growth Area Office
City Attorney's Office
CA12898
R-1
March 12, 2014
??.
e? y ? fo
y?p0
CITY OF VIRGINIA BEACH
, AGENDA ITEM ,
ITEM: A Resolution Authorizing a Freestanding Mobile Home on Property
Located at 4231 Charity Neck Road in Accordance with Section 19-19 of the
Virginia Beach City Code. Herbert and Pearl Crichton. (GPIN # 24114107250000 ).
PRINCESS ANNE DISTRICT.
MEETING DATE: March 25, 2014
¦ Background: Section 19-19 of the Virginia Beach City Code allows one
freestanding mobile home as accessory to a single-family home in the
Agricultural Districts provided that the following stipulations are met:
(1) The mobile home must be located on the same parcel as the principal
residence and it must be placed to the rear or side of the principal
residence. The mobile home must meet all required setbacks.
(2) The mobile home is not located within 400 feet of any other existing
residence.
(3) The Department of Planning shall notify all adjoining property owners of
the application and allow them 15 days to object to the proposal.
(4) The Department of Public Health must review and approve the proposed
method of sewage disposal for the mobile home.
(5) The freestanding mobile home shall only be occupied by a member of the
immediate family of the resident of the principal dwelling on the parcel and
only one family can occupy the mobile home.
(6) If the Planning Department receives any objection from adjoining property
owners, the Planning Department must forward the request to City
Council. If no objections are received, the Planning Department shall issue
a permit for the mobile home.
¦ Considerations: The Crichtons reside on an 11.35 acre parcel, which is one of
four flag lots located on this portion of Charity Neck Road. The subject site is
1,200 feet from the road. There is a single-family dwelling and several accessory
buildings on the parcel. The Crichtons are requesting approval to place a 32' by
76' mobile home on the site to be occupied by their adult son.
Herbert and Pearl Crichton
Page2of2
The submitted site plan shows that the mobile home will be located to the rear
and on the north side of the Crichton's home. The mobile home will be
approximately 1400' from Charity Neck Road and over 500' from any other
dwelling unit. A picture of the proposed mobile home has been submitted and is
included in this agenda package.
In accordance with City Code Section 19-19, notices of the request were sent to
all eight adjacent property owners and two objections were returned to the
Planning Department. Since objections were received, the application was not
approved administratively, but has been placed on City Council's agenda for a
public hearing and vote for approval or disapproval. All adjoining property owners
have been notified of the public hearing.
¦ Recommendations:
Planning Staff recommends approval of this request to the City Council subject to
the conditions recommended below. The proposal meets the requirements of
Section 19-19 of the City Code and will allow the Crichton's son to live on the
property. If approved, the following conditions should be required:
1. Health Department approval must be obtained prior to issuance of a building
permit for the mobile home.
2. The mobile home shall only be occupied by a member of the immediate
family in the principal dwelling and only one family can occupy the mobile
home.
3. The location and appearance of the mobile home shall substantially adhere to
the submitted site plan and picture on file in the Planning Department.
4. All Building Code requirements must be met.
¦ Attachments:
Location Map
Site Plan
Picture of Mobile Home
Forms from Adjoining Property Owners Who Objected
Resolution
Recommended Action: Staff recommends approval.
Submitting DepartmentlAgency: Planning Department
City Manage . ? tZ- ,
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http://,A,ww.nihvillage.com/GetPhoto.php?key=3349351 2/21 /2014
RECEIVEp
?'LANNING/ZON2NG
Department of Planning
Zoning Administration Division
2405 Courthouse Drive, Room 100
Virginia Beach, Virginia 23456
Re: Request for a freestanding mobile home at
4231 Charity Neck Road
Virginia Beach, Virginia
I/we (do?j object to the freestanding mobile home that is requested by Herbert and
Pear Crichton located at 4231 Charity Meck Road, Virginia Beach, Virginia 23457.
4,4,, ? s"'?• ,???
Signature ,. , a ?-
7
Address
,
Date
w 3 11000
Karen Houci s
Fror: Mom Stevens IZS?lv,ire °?m5r.cc'n ?
Supi::ct: letter to zoning
:ate: January 22, 2014 a1 6:39 PM
To: Karen Houchins+=.Ichou<_i'ir.,;? Mom Stevens nscln
Dept of Planning
Zoning Administration Divisian
2405 Courthouse Dr. Room 100
Va Beach, Va. 23456
Re: Request for a freestanding mobile home at
4231 Charity Neck Road
Virginia Beach, Varginia
?574202226 p.2
I/we&d&O? obJect to the freestanding mobile home that is requested by HerbeR-t
and
Pearf Crichton located at 4231 Charity Neck Road, Virginia Beach, VirginEa 23457.
Signature
VA-
Ad d ress
/- 2-(? - t 4
Date
1 A RESOLUTION AUTHORIZING A
2 FREESTANDING MOBILE HOME ON
3 PROPERTY LOCATED AT 4231 CHARITY
4 NECK ROAD
5
6
7 WHEREAS, Herbert and Pearl Crichton (the "Applicants") are the owners of a
8 11.35 acre parcel of property located at 4231 Charity Neck Road (the "Property") in the
9 Agricultural Zoning District, Princess Anne District; and
10
11 WHEREAS, the Applicants desire to locate a freestanding mobile home on the
12 Property, pursuant to City Code Section 19-19, as required for freestanding mobile
13 homes in Agricultural Districts; and
14
15 WHEREAS, the said mobile home will be located on the same parcel as the
16 principal residence and will be located to the rear of the principal residence and
17 occupied by a member of the Applicants' immediate family; and
18
19 WHEREAS, the said mobile home is located more than four hundred feet (400')
20 from any other existing residence; and
21
22 WHEREAS, objections were received from adjoining property owners, and
23 therefore, the City Council must approve or disapprove the application;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27
28 That the City Council hereby approves the application to allow a freestanding
29 mobile home on the Property located at 4231 Charity Neck Road, subject to the
30 following conditions:
31
32 1. Health Department approval must be obtained prior to issuance of a building
33 permit for the mobile home.
34
35 2. The mobile home shall only be occupied by a member of the immediate
36 family in the principal dwelling and only one family can occupy the mobile
37 home.
38
39 3. The location and appearance of the mobile home shall substantially adhere to
40 the submitted site plan and picture on file in the Planning Department.
41
42
43
44
45
4. All Building Code requirements must be met.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
. ?
Planning epartment City Attorney's Office
CA12920
R-2
March 13, 2014
2
. n?
rt?8 ? ??.?27)
?j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Pertaining to the Appeal of the Chief of Police's Decision to Deny
an Application for a Secondhand Dealer Permit
MEETING DATE: March 25, 2014
¦ Background: City Code § 18-32 requires persons who wish to be a secondhand
dealer to first obtain a permit from the Chief of Police. City Code § 25-1 defines
"secondhand dealer" as "any person who buys, sells, barters or exchanges used or
secondhand articles, such as firearms, jewelry, office machines, household appliances,
radios, television sets, electronic equipment, sporting equipment, photographic
equipment, heating or plumbing fixtures or supplies, electrical fixtures or wiring, gas
fixtures or appliances, water faucets, pipes, locks, bathtubs or any other secondhand
merchandise intended to be resold for use as such." City Code § 18-32 requires the
Chief of Police to issue a permit "provided that the applicant has not been convicted of a
felony or crime of moral turpitude within seven (7) years prior to the date of application."
On January 27, 2014, Samantha Elizabeth O'Donald submitted a Secondhand Dealer
Permit application to the Police Department. On the application, she indicated she had
two criminal convictions within the past ten years. The Pawn Unit obtained from the
Chesapeake General District Court certified copies that show she was convicted of two
crimes of moral turpitude (crimes involving lying, cheating or stealing) in the past seven
years. Certified copies of those convictions are attached. The Chief of Police denied
Ms. O'Donald's permit application because City Code § 18-32 prohibits the Chief of
Police from issuing the permit, given her convictions of crimes of moral turpitude within
seven years prior to the date of her application. City Code §18-32(g) authorizes an
applicant to appeal a permit denial to City Council, and Ms. O'Donald has appealed.
Although City Code § 18-32 prohibits the Chief of Police from issuing a permit if the
applicant has been convicted of one or more crimes of moral turpitude in the past seven
years, City Council could grant the permit, notwithstanding her criminal history. That
decision is left to the sound discretion of City Council.
¦ Considerations: After hearing the Applicant, City Council may vote to either
DENY or GRANT the Secondhand Dealer Permit. To that end, two alternate resolutions
are attached: one denying the permit, and one granting it.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendation: Deny permit.
¦ Attachments: Two alternate resolutions (one denying the permit; the other
granting it); application; denial letter; and certified copies of relevant convictions (with
date of birth and Social Security number redacted).
Permit Denial Appeal
Page 2 of 2
Recommended Action: Deny Permit
Submitting DepartmentlAgency: Police Department VP
. ?
City Manage . k
?
1 A RESOLUTION PERTAINING TO THE APPEAL OF THE
2 CHIEF OF POLICE'S DECISION TO DENYAN APPLICATION
3 FOR A SECONDHAND DEALER PERMIT
4
5 WHEREAS, Samantha Elizabeth O'Donald ("the Applicant") submitted a
6 Secondhand Dealer Permit application on January 27, 2014; and
7
8 WHEREAS, the Applicant indicated on her application that she had been convicted
9 of two criminal offense in the past ten years; and
10
11 WHEREAS, the Applicant was convicted of two violation of Code of Virginia § 18.2-
12 103 [Shoplifting tess than $200 -1 S' Offense, and Shopfifting less than $200 - 2"d Offense]
13 on July 16, 2010; and
14
15 WHEREAS, the application was denied by the Police Chief because City Code § 18-
16 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a crime
17 of moral turpitude in the seven years prior to the date of application; and
18
19 WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the
20 denial to the City Council; and
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That the appeal of the Applicant for issuance of a Secondhand Dealer Permit is
26 hereby denied.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
12014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
Police Departmen
City Att y's O 'ce
CA12917
R-2
March 12, 2014
1 A RESOLUTION PERTAINING TO THE APPEAL OF THE
2 CHIEF OF POLICE'S DECISION TO DENYAN APPLICATION
3 FOR A SECONDHAND DEALER PERMIT
4
5 WHEREAS, Samantha Elizabeth O'Donald ("the Applicant") submitted a
6 Secondhand Dealer Permit application on January 27, 2014; and
7
8 WHEREAS, the Applicant indicated on her application that she had been convicted
9 of two criminal offenses in the past ten years; and
10
11 WHEREAS, the Applicant was convicted of two violation of Code of Virginia § 18.2-
12 103 [Shoplifting less than $200 - 1 St Offense, and Shoplifting less than $200 - 2na
13 Offense] on Juny 16, 2010; and
14
15 WHEREAS, the application was denied by the Police Chief because City Code § 18-
16 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a crime
17 of moral turpitude in the seven years prior to the date of application; and
18
19 WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the
20 denial to the City Council; and
21
22 WHEREAS, notwithstanding the Applicant's past criminal convictions, the City
23 Council believes the Applicant should receive a permit.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the appeal of the Applicant for issuance of a Secondhand Dealer Permit is
29 granted, and the Police Department shall issue the Applicant the permit.
30
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
. 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attor iey 's O
CA12917
R-2
March 12, 2014
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A? `virginia Beach, V,^. 23456-9064
Police Department
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'????? ?pplic?antns res . g?onse??? to b? i???flaar wgth relaged Cgty Coc9es 18-32 andl 25-1 tha-oubh 25-12.
Pei•mit is valiclftom the dctie is'sued lhrough Deceqiver 31st of fhe calendcrr year of isszrcrf7ce.
?efiflns'
P ?a,ba-oic??': The urord "pawnbl'oker" means any person wl?o shall, in aily maniier, lend or advaiice money or other things
for profit on the pledge. aiid possession of personal property or otl?er valuaUle things, oth.er than securities or written or
priilted eviclences of indeUtedness, or who deals in il?e pui?chasing of Uersonal property or other valuable things oi? coudition
of selIing tlie saiiieback to tl?e seller at a stipulated price. :
Secondhand dealer: The tenn "secondliand dealer" nieaiis aiiy person wllo buys; sells, varters or exchanges used or
t'^^ '? ^"?"^?"^ ? lllc[11111J, IL''G11 l71 1LG I11`C1C111L1ES, LIUUSGI]U1U `cl1)pL1[I.i?CESf?1U105. LCICVL51U11 S'LS'; (%it'C?.Y(7711('.
acCviiui?ui]u cu u?iw, SiiG11 a? _ y>
eGipmevt, sporting equipment, Photogapllic equipment, beating- or pluinbing fixtures qr supplies, electrical fixtures or
wiying, gas fixtures or appliances; water fauceis, pipes, locl<s, Uatlitubs or auy otlier secondhand iiaerchandise iiitended to be
resold far tise as such. This definition does not include those persons who exclusively Uuy, sell; barier or exchange used or
secondhaiid clothiiig, funiiture aiicl non-electronic children's articles.
DPa9eF•s iu) mi-ecaaus enetwis aijd gems :
o "Dealer" means vry person, rirm, paz-tnership or corpoi-atioil en-aged in the business ofpurchasing, acquiriiig or
selliiig `secondhand precious »Zetals or gems, or lDrecious metals or aems removed in any maniier from manufactui-ed
articlPs not tlien owned 1?y such person, firm; partnership or coiporafion. "Dealer" includes al] einployers a»d
pi-incipals on whose behalf a purchase is made 1nd any employee or agenf who mal:es any pm-cliase for or on Uehalf
oi an employei' o.r:principal.
This definition shall iiot be construed so as to include persons en-aced in the following:
? o Pw-chases of precio!ls n-jetals or gems directly fTom oiher dealers; manufactui-ei-s, or wholesalers for retail
oi- wholesale inventories.
O PUl'C111geS nf i?l'?'.CInUS ril?talc ot- g?.i7!q trol?l 1 dt11y nitZlife.rl ijd1Cjary V?hp ic rlicrncing nf tlie ac5?iS Of?he
esr;,te l,e;n- administered by such fiduciary in the administration of an estate.
o Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the
person preseniini-, that merchandise for tracie-in.
o Pre???;-ing; restoring or dcsigninr je.welry by retail uiercliant if such ?ctivities are Avit]?ii? the nornlal course
U1 bLiJI11CJ5.
o Ptn-chases of precious metals or <=enis bv industrial refinzrs and 1i1anuf«cttt?CI-_. insofar as such purcl,as°s
O Pl'l'S0115 1'eLlll81'l}' L'll?`??l?VP,C1 ;i7 iile uLIS111ESS Of jJlli Cil?lSlll? 111CI ?:l'0-'SS111? 17011i??i°CIOLIS SCI'S]) 111°t?li5 \\'?11Ch
incidentally 1-nay COlll"nlll ti-aces of precious tnetals recovrrable as a b}`-Pr°duct.
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??1 [?6Uq 4U.e O? ?Z 7 (Z0! N
SIl-LyiGL?`Il?fi'P ol[ E?F???lE'd?Ilie }?}?
Dc te:
Ap}lylIlcat?on TAu?in By:
u ,
Record Check Resultis (Stamp Below)
??`?tA DF??-g 9
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{
A" T, City of Virginia Beach
`"Y; ..... ??. o
M.fT ??? ? 5
y? ?Y f llUx NAV`?N .
Ar4?.-
DEPARTMENT OF POLICE
February 28, 2014
Ms. Samantha Elizabeth O' Donald
1145 Taylor Rd.
Virginia Beach, Va. 23464
MUNICIPAL CENTER
BUILDING 11 ,
2509 PRINCESS ANNE ROAD
VIRGINIA BEACH, VA 23456-9064
Ms. O' Donald,
Your application for a 2014 Secondhand Dealer Permit has been denied due to previous
convictions for crimes of moral turpitude. You acknowledged on your application that you were
convicted in Chesapeake, Va. in July 2010 for shoplifting and price altering, and your criminal
bacl<ground check confirms your two misdemeanor petit larceny convictions under Code of
Virginia Section 18.2-103. Virginia Beach City Code Section 18-32 prohibits pennits being
issued to applicants convicted of a felony or crime of moral turpitude within seven (7) years prior
to the date of their applications.
City Code Section 18-32 also requires an applicant to be notified in writing of the reason their
permit was denied, and applicants may appeal such a refusal to issue a permit to the city council
within thirty (30) days from the date of such notice.
If you have any questions regarding this matter you can contact me at the phone number or email
address listed on the final page of this letter.
Respectfully,
?,
Detective L. Ansell
Virginia Beach Police Department
Investigative Division/Pawn Unit
2509 Princess Anne Road
Virginia Beach, VA 23456
Office Phone: (757) 385-4467
EmaiL• tansell a vbgov.com
Cc: Lieutenant Doug Evins, VBPD, Investigative Division
Sergeant Scott Campbell, VBPD, Investigative Division
Mrs. Kathy Rountree, Virginia Beach City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDAITEM J
ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of
Human Services
MEETING DATE: March 25, 2014
¦ Background: The Virginia Department of Criminal Justice Services (DCJS) has
awarded additional grant funds to Virginia Beach Human Services Department to
provide funding for salary increases ($19,699) and additional staff training ($5,510).
¦ Considerations: Notification of these additional federal pass-through funds was
received subsequent to the City Council's approval of the FY 2013-14 Budget. There
are no new (city) FTEs as part of this request. The funds for training represent new
funds and will be programed for additional training. The funding for salary increases is
the result of a General Assembly authorized 3% increase effective August 1, 2013 (Item
#468 of the Appropriation Act).
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendations: Adopt the attached budget amendment.
¦ Attachments: Ordinance, Revised Award Letter
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manage .
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
FUNDS TO THE DEPARTMENT OF HUMAN SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $5,510 is hereby accepted from the Virginia Department of Criminal Justice
Services and appropriated, with estimated state revenue increased accordingly, to
the FY 2013-14 Operating Budget of the Department of Human Services for
training; and
2. That $19,699 is hereby accepted from the Virginia Department of Criminal Justice
Services to offset previously applied salary increases in the FY 2013-14 Operating
Budget of the Department of Human Services.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
. _.,.w
,-
???
Budget and Management Services Cit 's Office
CA12924
R-1
March 11, 2014
• • ?;
- ' S
SEP 21Y13
i ? _? ? • , ;
.- -- - i
i
COM1D'Jt.Od.CWEALTH of C/?RCJJLL?i]??TI/? d?
1100 Sank 5treet
Departinent of Criminal .Iustice Services R?chmond, Vrginia 28219
Garth L. Wheeler (804) 786-4000
Director TDD (804) 386-8732
September 5, 2013
S?
Mr. James K. Spore
Cify Manager
City of Virginia Beach
2401 Courtb.aase 17rive
VizgiuziaBeacli, VA 23456
RE: CsrantNo:: 14-R6355CC14 .
. Revised Cominunity Cozzections Award
Dear Mr. Spore:
The ozigizial gant award anforrnation, dated August 23, 2013; has baen revised to reflect an increase in the total
ainount o£ xwarded funds for fisca.l ysar 2014. The addiLional amount i.n Personn'A includes zaises for full-time
General Funded euzpZoyees of Loeal Pxetrial Service Act and Compreljensive CornnaImi.ty Correciions Act
employees.
Enclased you wiil find a"revisecP' Statement of Crrant Award azxd Spzcial Condifions. To indicate yo'ur
acceptance of the award and rJze special cond.itions, please sign the award acceptance and return zt to Janice
Waddy, Gxants Adminislrator, at the Depart-rnent of Criminal7ustice Sexvxces (AC7S).
VVe apologize for any ineonvenience and will be happy to assisf you in any way we can to assure your pxoject's
success_ If you have auy questions regarcling tbas matter, please coniact Paula Hazpster at (804) 786-1140.
S'vncerely,
?3? • ?. +-J*o
Janice Wadd?
Grauts Adnainistrator
Enclosure
ce: Ms. Sharon Jones, Proj ect Director, CC & Pretrial
Ms. Patricra Phillips, Finauce Airector
1VMs_ Pauia liarpstez; DCJS Mozaitor .
Criminak Justice Service Board • Committee on Tcaining - Advisory Committee ort Juuenile Justice
Advisory Committee to CourtAppointeci Special Advoqte and Children's JusCiceActPragrarns
Private Security Services Rdvisory Baard • Crsrrrinal Justice Informafion Systerris CommiUee
www.dr,js.virg7inia.gov
RIEVISED
- Department of Criminai Jastice Services
7100BankStceet, I2th Aloor,Richmond,VA 1a279
Statement of Grant AwardJAcceptance
Subgrantee: Va Seach Cify Date: September 10, 2013
Grant Period: Grant Namber:
Fram: 07/0112013 . T'hrough: 06130l2014 . 14-R6355CCI4
Project bitector Prajeet Admiztistratofr Finanee Offieer
tvis. Sharon Janes Mr. JamesK. 3pore Ivfs. Pa(riciaphiliips
Project Director, CC & Preiria] City Manager Finance D'srector
City of Virginia Beech City of Virgittia Beach City af V irginia Beach
2425 Nisnmo Pkwy, Bidg EOB, Rm C107 2401 Courihhduse Drive 2441 CondfiQUSe Drive
YirginiaSeaeh,VA 23456 VirginiaBeach,VA 23456 Virgu3iaBeach,VA 23456
PLone: {7M3854689 Yhone: (757) 38542I2 Fham- (757) 3854681
Emxil: sjjones@vbgov.com Email: jspore@vbgov.com Emaii: pphitlip@vbgov.com
Gran# Award Budget
Budget Categories DCJS Funds -
Federal Ceneral Special Lxal
_ . ...
TOTALS
Travek ?6 $0. ?U
$O $0
Sugplies!0ther $0 $5,510
. $Q $0 $5,510
IP=onnel $a . $1,109,551 $0 $0 $1,104,551
Indirect Cost $0 So $fl $o
Equipment $4 $11,008 $0 $0 $11,00$
Cansuitant $0 ${f $0 SO $6
Tafials $O $1,126,469 $0 $0 $1,126,069
7Phis grant is subject to a1T rules, regrrlations, and criteria included iu tbe grant gu4deiimes and the spscial
cauditions attached thereto.
Garth L. Wheeler; Director
Z--
'ne undersigoed, having received the Statemeirt of Grant A.wardlAccep nee xnd the Candifioac atttched thereto, does [?ereby
accept this grant and agree ta the conditions pertain ing Werefo, this ?, ? day oi S,,-r-J'fT, , 20 ?? .
SignaEure•
Tit1e:. ?l? ?
,REVISED
STATEIIENT OF GRANT AWARD SPECIAL CaNDITIONS
Department of Criminal Jnstice Services
1160 Bank Street
Richmond, Virginia 23219
I Far the Comprehensive Commnnifiy CQrrections Act Crant Program I
Subgranfiee: Va Beach City
Title: Cammunity Corrections
Grant Number: 14-R6355CC14
Date: Sep#ember 10, 2013
The following conditians are attached to and made a part of fhis gant award:
1. By signing the Statement of Grar?t AwardlAcceptance, ftfe grant recipierrt agees:
to use the gtant funds tQ carry out the acdv[ties deseribed in the arant application, as modifie$ by the terms and
conditions aitached to this award or by suhsequent amendrnents appmved by DCJS;
to adhere to the approved bvdget contained in this award and amendments made to it in accard with these terms and
condif,ions; '
and to comply with all tezxns, conditions and assurances either attached to this award or submitted with the grarit
aPPIication;
2. Tfie grantee agrees to submit rtports as requested by DGJS,
3. Grant funds, including state and lacal maYcli, may be exiended aud/or obligated duTang the grant period. Ali legal
obligations must be liquidated no later than 90 days after the end of the grant periad. The grdut recipient agrees to suppiy
a final grant financial report aud return all received and unexpended grant funds (exclusive of Iacal match) to I7C.TS within
90 days after the end of the grant liquidation period. 4. The subgraatee agrees to submit such reports as requested by DC7S on farms provided by DC75. Funds from this grant
will not be disbursed, if any nf the requirQd Financial or 1'rogress reports are overdue by more than 30 days anless you can
show good causa far missing the rsparEing deadline. "
5. $y acce}=ting this b ant, the recipient assures ihat fimds rnade available throngh it will not be used ta replace staie or Iocal
fimds that would, in the absence of this grant, he marle availabte far the same pucposes.
6. 5ubgrantee may foiiow their own established 7ravel rates if they have an established travel policy. If a subgranf,ee does not
have an estabtished po]icy, then they must adhere to state travel policy. The state allows reixnbursement for actual
reasonable expenses. P3ease refer eo the followiag TRS website for the most eurrent mileage rate:
E?ftp://www.irs.Lrav/tagpros/article/0..id=7.56624,40.hfmL• Transportation costs for air and rail musC be at caaeh rates.
7. Within 60 days of the statting date of the grant, the grantee must initiate the project funded. If not, the subgrantse mus#
report to the D"CJS, by letter, the steps taken to mitiate the project, the reasons for the deIay, and the expected starting date.
If the project is not aperational within 90 days ofthe start date, the n antee must obtain approvai in writing from the DC7S
for a new impiementation date or the DCJS may eancel and terminate the project and redisixibute the funds.
8. 1fie graniee assures thai prograrns established, operated, and/or contracted with under the authoriTy af the Comprehensive
Communify Corrections Act far Local-Responsble Offenders and the Pretrial Services Act wilI campty. with all standards,
regulations, and guideliues put farth by DCJS and aay others that may tie applicabJe. This includes but is not ]imited to,
those stated in the "Miniznnm Standards for I,ocal C,ammunity Corrections and Pretria3 Services"
••- Sfatement af Grant Award Special Canditions (Contin'oed)
Grant No: I4-R6355CC14
9. Nu anaendment to the apgrovec] budget may be made vfithanf the appruvat of DCJS. No mare than two (2) bndgQt
amendinents wiit be peraii#ted dnring the grant period. Budget amendtnents ?nust be reqaes#ed usiog the online
Graats Management Informafion Systeici, (GMIS}, accompanied with a narrative.. No bndget amendments wi11 be
ailowed after April 30, ZOlA.
14. The grantee agrees to forward a copy to the DC3S of the scheduled audit of ihis grant awazd_
11. A31 purchases for gaods and services must comply witb the Virginia Pubfic Procurement Act. Procurernent transactions,
whether negotiated or advertise3 and_ without regard to dnllar value, shall be conducted in a manner so as to provide
maximum open and free competition. An exemgtidn to tbis regulatiou requires the prior agproval of the DCJS and is only
given in unusuai circwnstauces. Any reqa.est for exemptzon must be submitted in writing ta iha DC7S. Per,nission tQ
make sola saurce procw•ements must be abtained from bCJS in advance.
12. Aceeptance oft this grant award by the locai government applicant cQnstitutes its agreemenx that it assumas f.uli
responsibi3ity fov the management of alt aspects of the grant and the activities f?mded by the graa.t, including assuzing
proper fiscaI rrianagement of and accountinb fQr graxrt ftinds; assiiring that petsQnnel paid wrth grant fimds are hired,
supervised and, evaIuated in accord. witii the local govem- ment's established employmeut and personuel pa,licies; and
assuiing that a21 tenms, conditions and assurances-those sabmitted with the gant appticarion, and those issued with this
award-are compiied vvith. .
A.ny delagatian of responsibility for carrying out gxant-fianded activities to an office or depaztment not a part of the local
government must be pursuant to a written meuiotanciun? of imderstanding by whicb the unplementing office ar department
agrees to wmply with al1 applicable gant terms; cand.itians and assurances. Any sach deiegat'son notwithstanding, ihe
applicant acknowledges by its acceptance of the award its ultimate respansibility for compGance with all terms, candiiians
and assurances af the grant award.
13. PR07ECT IlJCOME: Any funds generateci as a direct result of DCJS grant funded projecfs are deemed project income.
1'roject incozne must be reported an forms provided by DCJS. The following are examples of projeet income: Service
fees; Ciient fess; Usage or Rental £ees; saies of materials; income received frotn sale af scized and farfeited assets (cash,
persanal or real properiy included):
14. Each participating locality must be represented by a Community Criminat Justice Baard (CCJB) ta serve as an advisory
body to,.the lacal gaverning body on matters pertaining to ]ocal critninal jusrica issues. The composition af the CCJB is
speci5ed in 9.1-178 of the Code of Virginia, Report any changes in mambership to the Correctional Services Unit of the
Department.
15. Local fimds and fees suppiementing salaries or apy other area should be shawn in the znatch coiumn.
Ib. Employees, full or part-time, under CCCA and PSA programs shaiI nQt serve in any paid cansuitant Qapacity for the
pragram by which they are emplayed. '.
17. Ati changes within budget categories of the Consultant's line are subject to the same DCJS approval process that appGes to
the OVef2llar3Ilt.
18. The grantee uxkdezstaztds that it is the responsibility of the T'ro,}ect Admiuisfxatar to oversee the management of the grant
award.
19. T1ie grantee understands that the continuation and/or level of fundin? will l?e based on the availability of fwids, the
performance of the project in meeting its goals and abjectives, and the recipient's compiiance with the grant requirements
and conditions. ` , . ' . .
20. Tha grar?tse wiii submit grant fimancial and progess reports required by DCJS. '1laese shall be submitted to DC15 on the
12'` working day fotiowing the ciose of each quarter. Reparts are required even if no expenditures have occurred.
I • t N
Statemenf of GxaiDt Award 5pecial Cvnditions (Continued)
Grant No: 14-R6355CC14
21. 'Fhe grantee will submit monttily data xeports required by I7CTS. These shatl be submitted to DCJS by the 12`h working
day of fihe fallawmg month.
22. The grantee will comply w'tth tlae automated (Lata collaction and case management system installation and use as directed
by Dc1s.
23. The grantee assures that fund accaunting, auditing, monitoring, and svch evaluarion procedw'es as nzay be necessary to
keep such reeords, as DCJS shali prescribe, shall be provided to assure fiscal controL proper management, and efficient
d'zsbursement of funds received under this grant.
24. Prioi ta DCJS disbursing fuuids, the Grantee must comply with the followin-, special conditions:
a) This arward includes additional fanding under the "Supplies and Other Operating Expenses" to use for staff,
training (registration,lsavet, mea4s and mcidentals related to the Sraining, etc.) im tlze amount of $5,510 based
on FTEs wrth caseloads regarted in youz PY2014 grant budget This funding is a onetime award that must be
incorporated in#o youz FY2014 budgiret an:d regorted wt#h your base funding arnount on GMIS and yowr QFR.
If you move it into another line item, you must submit a Bndget Amendment Request in GMIS• ;
b} Tkiis award inciudes an additional S 19,699 ?n the pe3'sonnel line item far the 3. % base salary increase for full
time state funded local positions as specified in the Appropriatiaus Act under the Centra] Appropriations
section, Item #468 - Compensation and Benefit Adjustments: This is for full-time state funded CCCA and
PSA employeas aud effective tlugust i, 2013 (1 i months). If this funding is zttoved to anotlier [ine item,
you must submit a budget autendment request before ApriS 30, 2014.
J. P LANNING
Application of ALICIA INMAN for a Conditional Use Permit re personal training and group
exercise services at 2173 Old Pungo Ferry Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION: APPROVAL
2. Re: HISTORIC KEMPSVILLE MASTER PLAN AREA:
DISTRICT 2 - KEMPSVILLE
The following items were advertised but are recommended for DEFERRAL to
APRIL 22, 2014:
a. AMEND, DELETE Appendix 3 and REVISE the text of the Plan re drive-through facilities.
b. AMEND Section 901 of the City Zoning Ordinance (CZO), re Drugstores with drive-
through facilities in the B-4K Historic Kempsville Area Mixed-Used District, to ADD
Section 233.02, re Standards for Drugstores with drive-through facilities in the B-4K Historic
Kempsville Area Mixed-Used District and to AMEND Section 2003, re ADDING drive-
through Drugstore facilities as a Conditional Use in the B-4K Historic Kempsville Area
Mixed-Used District.
c. Conditional Use Permit (City/S.L. Nusbaum) for a drive-through Drugstore at Princess
Anne and South Witchduck Roads
d. Street Closures:
1) Unimproved portion of the right-of-way of Singleton Way
(formerly Princess Anne Road)
2) Unimproved portion of the right-of-way of Singleton Way
(formerly Princess Anne Road)
3) Unimproved portion of the right-of-way of Singleton Way
(formerly Princess Anne Road) and South Witchduck Road
(formerly Kempsville Road)
S?'l,,^tlt?rf •
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NOTICE OF PUBLIC HEARING
The regular meeting of the City
Council of the City of Virginia Beach
will be held in the Council Chamber
of the City Hall Buiiding, Municipal
Center, Virginia Beach, Virginia, on
Tuesday, March 25, 2014, at 6:00
P.M., at which time the following
applications will be heard:
PRINCESS ANNE - DISTRICT 7
Alicia lnman Application: Contlitional
Use Permit for a Home Occupation.
Proposal is to provide personal
training and group exercise services
at 2173 Old Pungo Ferry Road (GPIN
2309435309).
CIiY OF VIRGINIA BEACH
Street Closure, portion of Singleton
Way right-of-way (formerly Princess
Anne Road). Parcel C(NOrth of GPIN
1466687951). DEFERRED ON JULY
7, 2013.
Street Closure, portion of Singleton
Way righi-of-way (formerry Princess
Anne Road), Parcel E. (North of GPIN
1466780931). DEFERRED ON JULY
7, 2013.
Street Closure, portion of right-of way
at intersection of Singleton Way
(formerly Princess Anne Road) and S.
Witchduck Rd, Parcel D. (Adjacent
GPIN 1466783845).
Ordinance to Amend the Historic
Kempsville Master Plan by deleting
Appendix 3 antl revising the text of
the Plan pertaining to drive-through
facilities.
Ordinance to Amend City Zoning
Ordinance Section 901, pertaining to
Drugstores with Drive-Through
Facilities in the B-4K Historic
Kempsville Area Mixed-Used District,
to Add Section 233.02, pertaining to
Stantlards For Drugstores With Drive-
Through Facilities in the 6-4K Historic
Kempsville Area Mixed-Used District
and to Amentl Section 2003
pertaining to the Addition of Drive-
Through Drugstore facilities as a
Conditional Use in the B-4K Nistoric
Kempsville Area Mixetl-Used District.
KEMPSVILLE -DISTRICT2
CITY OF VIRGINIA BEACH Application:
Cnnditinnal Use Permit (Drive-
through associated with a drugstore)
at the Northwest corner of Princess
Anne and S. Witchduck Roads (GPIN
1466783845).
All interestetl citizens are invited to
attend.
Ruth Hodges Freser, MMC
City Clerk
Copies of the proposetl ordinances,
resolutions and amendments are on
file and may be exammed in the
Department of Planning or online at
For
informabon call 385-4621.
If you are physically disabled or
visualy fmpalred and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
430.3.
Beacon March 9& 16, 2014
23971538
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ALICIA INMAN (ApplicantlOwner) Conditional Use Permit for a Home
Occupation (personal fitness training). 2173 Old Pungo Ferry Road (GPIN
23094353090000). PRINCESS ANNE DISTRICT.
MEETING DATE: March 25, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit for a Home Occupation
(personal fitness training and yoga instruction). The 1.38-acre site is located in
the AG-2 Agricultural Zoning District. Section 401 of the City Zoning Ordinance,
which regulates land use within the AG-2 District, allows a`Home Occupation' as
a conditional use.
¦ Considerations:
The home occupation will be located in a 350-square foot area of a 1,684-square
foot, 1'/2-story detached garage located in the rear yard. The Zoning Ordinance
permits a home occupation to occupy no more than 20 percent of the total floor
area of the primary and ancillary structures on the site. The 350-square foot area
is below the 20 percent threshold. There will be no more than five individuals
attending a class during any single time.
Additional details pertaining to the proposal are provided in the attached staff
report.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0, to recommend approval of this request to the
City Council with the following conditions:
Approval for any necessary on-site private wells, septic systems, and
wastewater disposal systems shall be obtained from the Health
Department.
2. There shall be no more than five individuals attending a class during any
single time.
Alicia lnman
Page 2 of 2
3. Hours of operation shall be 6:00 a.m. to 10:00 p.m.
4. There shall be no noise disturbance associated with the use to the
adjoining property owners.
5. Per Section 234 of the City Zoning Ordinance, there shall be no more than
one sign identifying the Home Occupation. Said sign shall be no more
than one square foot in area, shall not be internally-illuminated, and shall
be mounted flat against the wall of the house.
6. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of
the floor area of the dwelling unit and its accessory structures shall be
used in the conduct of the activity.
7. The vehicular entrance for the site shall have a concrete driveway apron
compliant with the current Public Works Standards for right-of-way
improvements and entrances for rural single-family dwellings.
8. The existing above-ground pool and deck must meet all safety
requirements provided by the Virginia Building Code.
¦ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmenUAgency: Planning Department ?
City Manager:
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IPRINCESS ANNE
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REQUEST:
Conditional Use Permit (Home Occupation)
ADDRESS / DESCRIPTION: 2173 Old Pungo Ferry Road
GPIN: ELECTION DISTRICT: SITE SIZE:
23094353090000 PRINCESS ANNE 1.38 Acres
3
February 12, 2014
Public Hearing
APPLICANT AND OWNER:
ALICIA INMAN
STAFF PLANNER: Kristine Gay
AICUZ:
Less than 65 dB DNL
•
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for a Home Occupation for the purpose of providing
personal fitness training and yoga instruction within a detached garage located in the rear yard. The
subject site is located in the AG-2 Agricultural Zoning District. Section 401 of the City Zoning Ordinance,
which regulates land use within the AG-2 District, allows Home Occupations with a Conditional Use
Permit.
The applicant is proposing no physical changes to the site to accommodate this use. The subject site is
1.38 acres in size. Located at the center of the site is a single-family dwelling with a footprint
approximately 2,120 square feet in area. There is an above-ground pool located behind the dwelling unit,
which is surrounded by an elevated wooden deck. In the southeast corner of the lot is a 1'/2-story
detached garage consisting of 1,684 square feet of floor area. A wooden picket fence extends from the
dwelling unit and deck to the detached garage to enclose the center of the rear yard. There is small shed
and pump house located outside of the fenced yard area in the southwest corner of the lot. There are two
driveways accessing this site. A concrete driveway provides access to the dwelling unit; a gravel driveway
provides access to the detached garage.
ALICIA INMAN
Agenda Item 3
Page 1
The applicant proposes to offer personal fitness training and small group yoga instruction in the existing
detached garage. The service will be offered Monday through Saturday, between the hours of 6:00 a.m.
and 8:00 p.m., as determined by client demand. The applicant owns the property, and is the only
employee associated with this home occupation. There is no signage posted on this site advertising the
home occupation. Clients will access the property using the existing gravel driveway and will park on an
existing concrete slab abutting the detached garage.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family dwelling / AG-2 Agriculture District
SURROUNDING LAND North: • Old Pungo Ferry Road
USE AND ZONING: • Single-family dwellings / AG-2 Agriculture District
South: . Cultivated land in the Agricultural Reserve Program / AG-
2 Agriculture District
East: • Cultivated field / AG-2 Agriculture District
• Single-family dwellings / AG-2 Agriculture District
West: . Cultivated land in the Agricultural Reserve Program / AG-
2 Agriculture District
NATURAL RESOURCE AND The majority of the site is flat, open, and grassy. There are no
CULTURAL FEATURES: known significant cultural features associated with the property.
COMPREHENSIVE PLAN: The subject site is located within the "Rural Area" as designated by the
Comprehensive Plan. Objectives for this area include preserving areas devoted to agricultural and
production; preserving open space; protecting and sustaining environmental resources; providing
reasonable rural development opportunities; and avoiding the need for urban infrastructure.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Old
Pungo Ferry road is a two-lane undivided rural local street. It is not listed in the Master Transportation
Plan, and there is no Roadway CIP project programmed for this roadway. The City does not count traffic
volumes on Old Pungo Ferry Road; however, 2013 ADT' counts on Princess Anne Road at a location
500 feet south of its intersection with Old Pungo Ferry Road averaged 5,800 vehicles per day.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
Old Pungo Ferry Not available 6,200 ADT (Level of Existing Land Use -
Road Service "C") - 9,900 10 ADT
ADT' (Level of Service Proposed Land Use 3
"E" - 60 ADT
ALICIA INMAN
Agenda Item 3
Page 2
Average Daily Trips
2 as defined by one single-family home
3 as defined by a 1,500 SF health and fitness club (this is the best land use match
for the proposed use provided by the ITE Manual
WATER: City water is not available. Health Department approval is required for private weils.
SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems.
SPECIFIC STANDARDS FOR HOME OCCUPATION
USE PERMITS
Section 234 of the City Zoning Ordinance provides specific standards that regulate a Use Permit for a
Home Occupation:
(a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures
shall be used in the conduct of the activity. Provided, however, this limitation shall not have
application to family day-care homes.
(b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in
greater volumes than would normally be expected in the neighborhood, and any need for
parking generated by the conduct of such activity shall be met off the street and other than in a
required front yard.
(c) No identification sign shall be permitted. However, as an exception, the City Council, upon a
finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition
of the use permit allow up to one (1) sign, nonilluminated, not to exceed one (1) square foot in
area, mounted flat against the wall of the residence.
(d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
(e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto repair shops, or similar establishments.
EVALUATION AND RECOMMENDATION
The applicant is requesting a Conditional Use Permit for a Home Occupation. The applicant proposes to
provide personal fitness training and small group yoga and instruction in Pilates. As the property is zoned
AG-2 Agricultural, Section 401 of the Zoning Ordinance requires a Conditional Use Permit for the
requested use.
ALICIA INMAN
Agenda Item 3
Page 3
The proposed use of personal training and group exercise will take place within an existing structure,
between the hours of 6:00 a.m. and 8:00 p.m., Monday through Saturday. The space within the existing
structure is approximately 350 square feet; this is below the maximum allowable 20 percent of the total
floor area of the primary and ancillary structures on the site. Staff finds the proposed hours and days of
operation and the location of the use to be acceptable.
To avoid extensive alterations of the existing detached garage as required by the Virginia Building Code
for the purpose of providing training classes, a recommended condition of the Use Permit limits the
number of individuals being trained at one time to no more than five. If the applicant desires to train more
than five individuals at a time, the building will need to meet commercial building standards.
The existing gravel driveway is approximately 18 feet wide and widens to 32 feet at the detached garage
where the concrete slab begins. Staff finds that the existing gravel driveway and concrete slab provide
sufficient space for the limited number of vehicles that will be on the site at any one time to maneuver and
park. As recommended by Traffic Engineering, staff has included a condition requiring that the gravel
driveway have a concrete apron that meets Public Works Standards for a residential entrance.
As the subject site has private water and sewer connections, staff has included a condition requiring
approval from the Health Department for any additional private wells, septic systems, and wastewater
disposal systems that may be necessary as a result of this Home Occupation.
Staff condudes that the proposed use is acceptable for this site and consistent with the Comprehensive
Plan. Staff recommends approval contingent to the conditions below.
CONDITIONS
1. Approval for onsite private wells, septic systems, and wastewater disposal systems shall be
obtained from the Health Department.
2. There shall be no more than five (5) attendees at any one time.
3. Hours of operation shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.
4. There shall be no noise disturbance associated with the permitted use to the adjoining property
owners.
5. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign
identifying the Home Occupation. Said sign shall be no more than one (1) square foot in area,
shall not be internally-illuminated, and shall be mounted flat against the residence.
6. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of the
dwelling unit and its accessory structures shall be used in the conduct of the activity.
7. The vehicular entrance for the site shall have a concrete driveway apron compliant with the
current Public Works Standards for right-of-way improvements and entrances for rural single-
family dwellings.
ALICIA INMAN
Agenda Item 3
Page 4
8. The existing above-ground pool and deck must meet all safety requirements provided by the
Virginia Building Code.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
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.
ALICIA INMAN
Agenda Item 3
Page 5
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ALICIA INMAN '
Agenda Item 3
Page 6
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THIS IS TO CERTIFY THAT I, ON OCTOBER 2, 2013 SURVEYED THE PROPERTY SHOWN aN iH15
PIAT, AND THAT THE PROPERTY LINES OF RECORD AS SHOWN IN: OEED BOOK 2443 PqGE iaw AND THE
WALLS OF THE BUILOINGS ARE AS SHCWN ON THIS PLAT.
THE BUILDINGS STAND STRICTt,Y WfTHIN THE SAtD PROPERTY LINES AND THERE ARE NO ENCROACHME,
OR VISIBLE EASEMEMS, EXCEPT AS SHOWN.
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EXCISJSIVEIY fOR
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RECORDED nUP, NO DEED OR TfRE REPORT FURNISHED,
AND THEREFORE MAY NO7 SFIOYi ALL EASfMENTS OR SCALE : 1'= 50'
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datetl JULY 2. 1985 ad raorhd in (757) 487-4535
Nr d.rw'a Wfrce oi dm ClRCUR COPIRIGFfT 2013 , HORTON k pODD, P.C. .4LL RIGHTS RESERVED.
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ALICIA INMAN
Agenda Item 3
Page 7
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ZONING HISTORY
# DATE REQUEST ACTION
1 12/11/2007 Modification of Conditions (Recreational Facilit ) A proved
1 12/11/2007 Floodplain Variance Approved
1 04/22/1966 Conditional Use Permit (Recreational Facilities) Ap roved
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ICIA INMAN
)enda Item 3 '
Page 8
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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)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
G' a5 -rt?-f'? I a 1 P,3C-,
F-] Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Comp/ete this section on/y if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
F? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or em loyee of the City of Virginia Beach have an interest in the
subject land? Yes No g,
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
ALICIA INMAN
Agenda Item 3
Page 9
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not iimited to the providers of architectural
senrices, real estate services, financial services, accounting senrices, and legal
services: (Attach list if necessary)
NDNE KNO,-,33J A--c" I'1?1.5 "?1rnE
' NParent-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.
Z"Affiliated business entity relationship" means "a retationship, 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.
._..- fl LiGtPr i1`lN-\01i
Applicarrt's Signature Print Name
Property Owner's Signature ('rf different than applicant) Print Name
DISCLOSURE STATEMENT
ALICIA INMAN
Agenda Item 3
Page 10
Item #3
Alicia lnman
Conditional Use Permit
2173 Old Pungo Ferry Road
District 7
Princess Anne
February 12, 2014
CONSENT
An application of Alicia lnman for a Conditional Use Permit (Home Occupation) on property
located at 2173 Old Pungo Ferry Road, District 7, Princess Anne. GPIN: 23094353090000.
CONDITIONS
1. Approval for onsite private wells, septic systems, and wastewater disposal systems shall be
obtained from the Health Department.
2. There shall be no more than five (5) attendees at any one time.
3. Hours of operation shall be no earlier than 6:00 a.m. and no later than 10:00 p.m.
4. There shall be no noise disturbance associated with the permitted use to the adjoining
property owners.
5. Per Section 234 of the City Zoning Ordinance, there shall be no more than one (1) sign
identifying the Home Occupation. Said sign shall be no more than one (1) square foot in
area, shall not be internally-illuminated, and shall be mounted flat against the residence.
6. Per Section 234 of the City Zoning Ordinance, no more than 20 percent of the floor area of
the dwelling unit and its accessory structures shall be used in the conduct of the activity.
7. The vehicular entrance for the site shall have a concrete driveway apron compliant with
the current Public Works Standards for right-of-way improvements and entrances for rural
single-family dwellings.
8. The existing above-ground pool and deck must meet all safety requirements provided by
the Virginia Building Code.
A motion was made by Commissioner Hodgson and was seconded by Commissioner Inman to
approved item 3.
Item #3
Alicia lnman
Page 2
AYE 10
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 1
By a vote of 10-0, the Commission approved item 3 by consent.
ABSENT
The applicant Alicia lnman appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend the Historic
Kempsville Master Plan by deleting Appendix 3 and revising the text of the plan
pertaining to drive-through facilities.
MEETING DATE: March 25, 2014
¦ Background:
When the Historic Kempsville Area Master Plan (HKMP) was adopted in 2006,
the document included recommended draft amendments to the City Zoning
Ordinance. City Council approved the amendments to the Zoning Ordinance
(Article 20) with the adoption of the HKMP. The purpose of the currently
proposed amendments is to delete from the HKMP the text of the originally
proposed ordinance, which is still part of the plan, as well as to make
`housekeeping' corrections to the document (spelling, pagination, etc.).
¦ Considerations:
The proposed amendments are part of a`package' of four items intended to
update the Historic Kempsville Area Master Plan, close rights-of-way formerly
part of Princess Anne Road and Kempsville Road, and allow a drive-through as
part of a drugstore proposed for the City-owned parcel located at the northwest
corner of the intersection of Princess Anne Road, Kempsville Road, and S.
Witchduck Road. The four items are also associated with an agreement for the
purchase of the City-owned parcel. The agreement is not yet finalized. Staff,
therefore, recommends deferral of this item to the April 22 City Council meeting,
by which time the agreement will have been finalized.
¦ Recommendation:
Deferral to the April 22 City Council meeting
Recommended Action: Deferral to the April 22 meeting
Submitting DepartmenUAgency: Planning Department
V
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City It",
VA eF?i
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1
CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend City Zoning Ordinance
Section 901, Pertaining to Drugstores with Drive-Through Facilities in the B-4K
Historic Kempsville Area Mixed-Used District, to Add Section 233.02, Pertaining
to Standards for Drugstores with Drive-Through Facilities in the B-4K Historic
Kempsville Area Mixed-Used District, and to Amend Section 2003, Pertaining to
the Addition of Drive-Through Drugstore facilities as a Conditional Use in the B-
4K Historic Kempsville Area Mixed-Used District.
MEETING DATE: March 25, 2014
¦ Background:
The proposed amendments to the Zoning Ordinance are intended to provide
adjustments to the zoning regulations applicable to the 13-4K Historic Kempsville
Area Mixed Use District to assist in the creation of a mixed-use `village' as
envisioned in the 2006 Historic Kempsville Area Master Plan. The primary
purpose of the amendments is to allow drive-through facilities associated with a
drugstore as a conditional use.
¦ Considerations:
The proposed amendments are part of a`package' of four items intended to
update the Historic Kempsville Area Master Plan, close rights-of-way formerly
part of Princess Anne Road and Kempsville Road, and allow a drive-through as
part of a drugstore proposed for the City-owned parcel located at the northwest
corner of the intersection of Princess Anne Road, Kempsville Road, and S.
Witchduck Road. The four items are also associated with an agreement for the
purchase of the City-owned parcel. The agreement is not yet finalized. Staff,
therefore, recommends deferral of this item to the April 22 City Council meeting,
by which time the agreement will have been finalized.
¦ Recommendation:
Deferral to the April 22 City Council meeting
Recommended Action: Deferral to the April 22 meeting
Submitting Department/Agency: Planning Department
City Manager: ?k Z?n
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH / S.L NUSBAUM, Conditional Use Permit (Drive-
through associated with a drugstore). Northwest corner of Princess Anne Road
and S. Witchduck Road (GPIN 1466783845). KEMPSVILLE DISTRICT.
MEETING DATE: March 25, 2014
¦ Background:
The applicants request a Conditional Use Permit for a drive-through facility
associated with a drugstore. The drive-through will be located on the rear (west)
side of a pharmacy-retail store that is proposed as part of the redevelopment of
this 2.1-acre site.
¦ Considerations:
The proposed amendments are part of a`package' of four items intended to
update the Historic Kempsville Area Master Plan, close rights-of-way formerly
part of Princess Anne Road and Kempsville Road, and allow a drive-through as
part of a drugstore proposed for the City-owned parcel located at the northwest
corner of the intersection of Princess Anne Road, Kempsville Road, and S.
Witchduck Road. The four items are also associated with an agreement for the
purchase of the City-owned parcel. The agreement is not yet finalized. Staff,
therefore, recommends deferral of this item to the April 22 City Council meeting,
by which time the agreement will have been finalized.
¦ Recommendation:
Deferral to the April 22 City Council meeting
Recommended Action: Deferral to the April 22 meeting
Submitting Department/Agency: Planning Department
City Manager.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance Approving Application of the City of Virginia Beach for the
Discontinuance, Closure and Abandonment of the following:
(a) Unimproved portion of the right-of-way of Singleton Way (formerly
Princess Anne Road), adjacent to the north side of the parcel identified by
GPIN 1466-68-7951).
(b) Unimproved portion of the right-of-way of Singleton Way (formeriy
Princess Anne Road), adjacent to the north side of the parcel identified by
GPIN 1466-78-0931).
(c) Unimproved portion of the rights-of-way of Singleton Way (formerly
Princess Anne Road) and S. Witchduck Road (formerly Kempsville Road)
adjacent to the north, east, and southeast sides of the parcel identified by
GPIN 1466-78-3845).
KEMPSVILLE DISTRICT.
MEETING DATE: March 25, 2014
It was anticipated that other related items would be ready for Council action on
March 25, 2014 and the item was advertised for this date. The reiated items,
however, are not ready and therefore staff recommends deferral until April 22,
2014 so that all related items may be considered contemporaneously.
Recommended Action: Deferral to April 22, 2014
Submitting Department/Agency: Planning Department
City Manager. ? L ,??
K. APPOINTMENTS
GREEN RIBBON COMMITTEE
EASTERN VIRGINIA MEDICAL SCHOOL
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
PROCESS IMPROVEMENT STEERING COMMITTEE
TRANSITION AREA/ITA TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
2040 VISION TO ACTION COMMUNITY COALITION COMMISSION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
FY 2014-2015 RESOURCE MANAGEMENT SCHED ULE
April ls` Budget Workshop/Briefings Conference Room
April 8`h Budget Workshop/Briefngs Conference Room City
City Council Meeting Council Chamber
April 15`h Budget Workshop/Brietings Conference Room
April 22"° Budget Workshop/Briefings Conference Room City
PUBLIC HEARING Council Chamber
City Council Meeting
May 151 PUBLIC HEARING KEMPSVILLE HS
May 6`h Reconciliation Workshop Conference Room
May 13`h City Council Meeting Council Chamber
Vote on Budget
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JI/NE 1, 2074
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TIIESDAYS: OPENCITIZENDJALOGIIE
SECOND/FOIIRTH TIIESDAYS: WORKSHOPS - 4:00-6: 00 PM
CITY COIINCIL RETREAT
Economic Deve[opment Office
Town Center
Monday, September 8, 2014
2014 CITYHOLIDAYS
Alemnrrtrl Dal' - .1londat', :1Iu1, 20
1»depenrlence Dm' - FriclaY, Jct/)' 4
Labor /)ua> - rlloriduV, Septernber 1
t'eferatt,s L)rY - "t'uesdtrr', A'oi'efi2her 1 /
Th?ij1/?sbiving I)ut' ri»rl Da1• ofter TTrunksair-irrg -
ThursdaY, :l?oveirzher 27 arril Friclay, Aoveniher 28
Clrrisuntrs f:ve (/rulf-duO - Wer/rxesdaY, L)ecetnher 24
Cltristmn.c 1)cil, - Thrrrsr/rri', Decernher 25
***?****?****+***************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
C/TY OF VIRGlNIA BEACH
SUMMARY OF CO(JNClL ACTIONS
R
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DATE: 03/11/2014 PAGE: 1 S-
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AGENDA H M A E W
ITEM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N I S N M I O O
R Y S E N S D S N N D
1. CITY COUNCIL BRIEFING
A. VOTER REGISTRATION - Lyndon Remias,
Participation and Safeguarding Voter City Auditor
Records Audit Results Donna Patteison,
Voter Registrar,
IL CITY MANAGER'S BRIEFING
James Spore,
A. STRIVING FOR EXCELLENCE City Manager
REPORT
IIUfVNNI CLRTIFICATION OF CLOSED CERTIFIED 8-0 A Y Y Y Y Y A Y Y Y A
Nll -E SESSION
F. MINUTES - Februaiy 25, 2014 APPROVED 8-0 A Y 7y y Y Y A 1' Y Y A
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
ADDED RESOLUTION TO THE VIRGINIA ADDED TO 8-0 A Y Y Y Y Y A Y Y Y A
GENERAL ASSEMBLY REQUESTING CONSENT
ADOPTION FOR THE 2014-1016 AGENDA
BIENNIUM AND SEPARATE
MEDICAID EXPANSION FROM THE
BLJDGET AS SOON AS POSSIBLE
H. MAYOR'S PRESENTATION: Becky Plate, Major
AMERICAN RED CROSS MONTH Gifrs Associate
Southeastern Chapter
L PUBLIC HEARINGS:
1. EXCESS C[TY-OWNED
PROPERTY
a. 606 Goldsboro Avenue No Speakers
b. Rosemont Road/Buckner Blvd Moved to
Ordinances/Resolutions
J-1 a. Ordinances to DECLARE property in
EXCESS of the City's needs/AUTHORIZE:
1. Sale at 606 Goldsboro Ave re DEFERRED, BY 8-0 A Y Y Y Y Y A Y Y Y A
subdividing existing parcel CONSENT to 3/25/14
2. Encroachment re bulkhead/rip rap/ ADOPTED, BY 8-0 A Y Y Y Y Y A Y Y Y A
docks/ramps/pier/boat lift. CONSENT
b. Sale at Rosemont Road/Buckner DEFERRED 7-1 A Y Y Y Y Y A N Y Y A
Boulevard INDEFINITELY
Five (5) S eakers
CITY OF V/RGlNIA BEACH
SUMMAR}' OF COUNC/L ACTIONS
R
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DATE: 03/ 11 /2014 PAGE: 2 S-
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H M A E W
AGENDA
ITEM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S O
E L E N I S N M I O O
L--
R
I
Y
I
S
E
N
S
D
S
N
N
D
2 Resolution AUTHORIZE ADOPTED, BY 8-0 A 1 Y Y Y Y A 1' Y ti' A
ISSUANCE/SALE of General CONSENT
Obligation Bonds not to exceed
($96,000,000) re Charter Bond
authorizations
3 Ordinance to AUTHORIZE Modification ADOPTED, BY 8-0 A Y Y Y Y Y A Y Y Y A
of Comprehensive Agreement with 25°i CONSENT
Sh eet Assoc re parking garage
DISTRICT 6 - BEACH
4 Ordinance to AUTHORIZE Amendment ADOPTED, BY 8-0 A Y Y Y Y Y A 1' y ti' A
No. 5/EXTEND Encroachment Partnering CONSENT
Agreement re encroachment of NAS
Oceana
5 Ordinance/Resolution to AUTHORIZE/ ADOPTED, BY 8-0 A Y Y Y Y Y A Y Y Y A
DIRECT Ciry Manager to EXECUTE: CONSENT
a. A Deed of Release/Exchange of ARP
easement to Vanguard Landing, Inc. at
Princess Anne Road
b. Intergovernmental Agreement with Va
Agriculture/Consumer Services re ARP
easements
6. Ordinance to APPROPRIATE $3,800,000 ADOPTED 8-0 A Y Y Y 1' Y A }' Y A
to Risk Manageinent re compensation
daims
7. Ordinance to TRANSFER $439,731 to ADOPTED, BY 8-0 A Y Y Y Y Y A Y Y Y A
Schools Operating Budget: CONSENT
a. $315,491 from Operations/Maintenance
to Technology
b. $120,678 from Instruction to Technology
c. $3,562 from Administration to
Technology
8. ADDED RGSOLUTION TO THE VIRGINIA ADOPTED, BY 8-0 A Y Y Y Y Y A Y Y Y A
GENERAL ASSEMBLY REQUESTING CONSENT
ADOPTION FOR THE 2014-1016
BIENNIUM AND SEPARATE
MEDICAID EXPANSION FROM THE
BUDGET AS SOON AS POSSIBLE
K-1 CLASTON LINEBERRY, JR Variance APPROVED/ g-p A Y Y Y Y Y A Y Y Y A
to Subdivision Regulations, CONDITIONED,
B}' CONSENT
Sec 4.4. (b) of CZO at Blackwater Road
DISTRICT 7 - PRINCESS ANNE
CITYOF VIRG/N/A BEACH
SUMMARY OF COUNC/L ACTlONS
R
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DATE: 03/1 I/2014 PAGE: 3 S-
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S
H M A E W
AGENDA
ITEM # SUBJECT MOTION VOTE L J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N I S N M I O O
R Y S E N S D S N N D
2 CROWN CASTLE USA, INC relocation DEFERRED TO g_p p Y Y Y Y Y A Y Y Y A
of Non-Confonning Shucture re 4/8/14, BY
CONSENT
Communication Tower at Meadow Ridge
Lane
DISTRICT 7 - PRINCESS ANNE
3 LLC Special Exception
ERIK HOMES APPROVED/ g_p p Y Y Y Y Y A Y Y Y A
,
for Alternative Compliance to Oceanfront CONDITIONED BY
CONSENT
Resort Form-Based Code re building
regulations at 22'b Street
DISTRICT 6 - BEACH
4 EBONY PITTMAN for a CUP re Home APPROVED/ g_p A Y Y Y Y Y A Y Y Y A
CONDITIONED BY
Daycare at 2252 Margaret Drive CONSENT
DISTRICT 7 - PRINCESS ANNE
A
5 AIR STATION GENERAL, L.C. CUP APPROVED/ 7_0 p Y Y Y B
S Y A Y Y Y .A
re self-storage at 1889 Virginia Beach CONDITIONED BY T
CONSENT A
Boulevard t
llISTRICT 6 - BEACH N
E
D
6 VANGUARD LANDING at Princess APPROVED AS g_p p Y Y Y Y Y A Y Y Y A
PROFERRED/
Anne Road: CONDITIONED BY
CONSENT
a. Conditional COZ from AG-1/AG-2 to
Conditiona] B-lA
b. CUP re housing/kenneUindoor/outdoor
recreation/horses for hire/boarding
DISTRICT 7 - PR(NCESS ANNE
7 CITY to AMEND the Comp Plan to DEFERRED g_p p y Y Y Y Y A Y Y Y A
ADD Suburban Focus Area Virginia lNDEFINITELY
Aquarium and Owls Creek District/
ADD Land Use Guidance and REVISE
the Policy
DISTRICT 6 - BEACH
APPOINTMENTS RESCHEDULED g_p p Y Y Y Y Y A Y Y Y A
BY CONSENSUS
GREEN RIBBON COMMITTEE
INVESTIGATNE REV[EW PANEL
PROCESSIMPROVEMENT
STEERING COMMITTEE
TRANSITION AREA/ITA TRAFFIC
AREA CITIZENS ADVISORY
COMMITTEE
L 2040 VISION TO ACTION COMMUNITY
COALITION COMMISSION
CITY OF VIRGINlA BEACH
SUMMAR 3' OF COUNCIL ACTIONS
R
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DATE: 03/11/2014 PAGE: 4 S-
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S
H M A E W
AGENDA
ITEM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N 1 S N M I O O
R Y S E N S D S N N D
HL-'ALTH SERVICES ADVISORY Reappointed: g_p p Y Y Y Y Y A Y Y Y A
3-Year Tenn
BOARD
04/01/14--03/30/17
Guia Caliwagan
Vicky Gray
Susan D. Hellstrom
Appointed:
3-Year Tenn
04/01/14 - 03/30/17
Carolyn Rogers-
Jackson
PERSONNELBOARD
Appointed:
8-0
A
Y
Y
Y
Y
Y
A
Y
Y
Y A
3 Year Term
03/01/14-02/28/17
Richard C. White
Alternate
VIRGINIA BEACH COMMUNITY Appointed: g_p A Y Y Y Y Y A Y Y Y A
DEVELOPMENT CORPORATION 3 Year Tenn
O1/O1/14-12/31/17
Alex Kalasinsky
M/N/O ADJOURNMENT 7:15 PM
PUBLIC COMMENT 7:16 - 7:45 PM
10 Speakers