HomeMy WebLinkAboutAPRIL 27, 2004 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF. AI-La,g,
VICE MAYOR LOUIS Ii. JONES. lJaysid< - D's"'" 4
HARRY E DIEZEL K,mp"iI/, - D's"", 2
MARGARET L EURE. C"",~iI/, - D""'" I
REBA S MoCLANAN. Ro" Hall - D""'" 3
RiCHARD A MADDOx. B<ad> - 0""", 6
JIM REEVE. Prinw' Ann' - O""," 7
PETER W SCHMfO~ AI-La,.,
RON A. VIUANUEVA. AI-La,.,
ROSEMARY WILSON, AI-La",
JAMES L WOOO. Lynnh""n -0"1"" 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K SPORE
CITY ATTORNEY - LESilE L ilLLEY
GTY CLERK - RUTH HOOGES SMITH. MMC
27 April 2004
1.
BUDGET WORKSHOP
Conference Room
A. FY 2004-05 RESOURCE MANAGEMENT PLAN
]. Quality Physical Environment and Quality Organization
Catheryn Whitesell, Director, Management Services
TI.
REVIEW OF AGENDA ITEMS
III.
CITY COUNCIL COMMENTS
IV.
INFORMAL SESSION
Conference Room
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO CLOSED SESSION
cm HALL BUlWING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX(757} 426-5669
E- MAlL: C'Yoncl@vbgov.com
1:30 P.M.
3:30 P.M.
4:00 P.M.
v.
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
FORMAL SESSION
Council Chamber
6:00P.M.
CALL TO ORDER - Mayor Meyera E. Obemdorf
INVOCATION:
Father James Parke
Church of the Ascension
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
]. INFORMAL AND FORMAL SESSIONS
April 13, 2004
AGENDA FOR FORMAL SESSION
MAYOR'S PROCLAMATION
1.
"SPECIAL OLYMPICS DAY"
PUBLIC HEARINGS
1.
ARROWHEARD ELECTION PRECINCT Change
from Arrowhead Elementary School to Carrow Baptist Church
2.
FY-2004 CAPITAL BUDGET AMENDMENT
Sanitary Sewer Pump Station Modifications
3.
CITY-OWNED PROPERTY LEASE
E. R. Cockrell at Nimmo Parkway and West Neck Road
(DISTRICT 7 - PRINCESS ANNE)
CONSENT AGENDA
~
II
K.
0 RDIN AN CESIRESO L UTI ON
]. Ordinance to CHANGE the Election Precinct from Arrowhead Elementary School to Carrow
Baptist Church (Deferred March 2,2004).
2. Ordinance to LEASE certain farmland to E. R. Cockrell, Jr. at Nimmo Parkway and West Neck
Road. (DISTRICT 7 - PRINCESS ANNE)
3. Ordinance to AMEND the FY-2004 Capital Budget and APPROPRIATE $1.3 Millionre Pump
Station Modifications - Phase IV to increase the reliability of the Tier I sanitary sewer pump
stations.
4. Ordinance to AUTHORIZE temporary encroachments by BRUCE L. THOMPSON to
maintain an existing pier, boat lift and bulkhead and construct three (3) mooring piles, a floating
pier, aluminum gangway, riprap and fill at 464 Southside Road in Lake Wesley. (DISTRICT I -
BEACH)
5. Ordinance to APPROVE the School Board's requestto TRANSFER $1,737,857 in the FY2003-
04 School Operating Budget from the categories of Instruction; Administration, Attendance and
Health and Transportation to Operations and Maintenance:
$100,000
$160,000
$252,857
$180,000
$235,000
$300,000
$200,000
$300,000
$1,137,857
$600,000
Custodial Equipment
Musical Instrument Repair
Trilogy Locks
Walkie-talkies
Fleet Vehicles
Landscape Services
Copiers
Academy Building Modifications
Instruction to Operations and Maintainence
Operations and Maintenance
6. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows:
a. $9,180 from the Norfolk Foundation, to the FY 2003-2004 Operating Budget for the
Library Department re access to online databases.
b. $567,130 from the Department of Justice re purchase of equipment for preparedness and
response to weapons of mass destruction (WMD) events as recommended by the Safe
Community Strategic Issue Team
7. Resolution re EXECUTION of the Hampton Roads Metropolitan Medical Response System
Mutual Aid Agreement and the Medical Strike Team Memorandum of Understanding (MOD) re
emergency aid and assistance in event of a disaster or emergency.
1.
PLANNING
1. Application of BAY BREEZE CONDOMINIUMS for discontinuance. closure and
abandonment of a portion of Summerville Court at Carver Avenue re development of
condominiums. (BEACH - DISTRICT 6)
RECOMMENDATION:
APPROVAL
2. Petition of RONALD C. and DONNA G. RIPLEY for a Variance to § 4.4(b) that requires all
newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at4101 White
Acres Road. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
3. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit to construct
a three-story student dormitory and row-house residences at 5817 Wesleyan Drive.
(DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application of JEFFREY K. FRANCES, INc. for a Conditional Use Permit re an off-site
parking lot for a proposed restaurant at 2149 Vista Circle. (Deferred March 23, 2004)
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
5. Applications of OBFP, INC. (Ocean Breeze Fun Park) at 700 South Birdneck Road.
(DISTRICT 6 - BEACH)
a.
MODIFICATION of a Conditional Use Permit approved June 23, 1986, re Aqua Sports,
Inc. to remove the amusement park from subject site land area.
RECOMMENDATION:
APPROVAL
b. Chanfle of Zoninfl from A-12 Apartment District and R-IO Residential District to
Conditional L-l Light Industrial District re light industrial office-warehouse park.
RECOMMENDATION:
APPROVAL
i
M.
APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical
(b )Building Maintenance
HEALTH SERVICES ADVISORY BOARD
OPEN SPACE COMMITTEE
PUBLIC LIBRARY BOARD
1. Amend Virginia Beach Code Section 17-3
2. Change Membership to reflect two (2) Students
3. Add a Representative of the Schools to the membership
TOWING ADVISORY BOARD
N.
UNFINISHED BUSINESS
O.
NEW BUSINESS
P.
ADJOURNMENT
MAY 4, 2004 COUNCILMANIC ELECTION
City Council cancelled their Regular Sessions
and encourages all citizens to experience their right to vote in Virginia Beach
2004-2005 RESOURCE I'IANAGEMENT PLAN REMAINING SCUEDULE
EVENT TOPIC LOCATION DATE
Workshop Reconciliation Workshop Council May 6, 2004
Conference Room
Adoption ofFY City Council Vote on Resource Council Chamber May ii, 2004
2004-2005 Management Plan
Resource
Management
Plan
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
Agenda 04127/0451
www.vbgov.com
1.
BUDGET WORKSHOP
Conference Room
1:30 P.M.
A. FY 2004-05 RESOURCE MANAGEMENT PLAN
1. Quality Physical Environment and Quality Organization
Catheryn Whitesell, Director, Management Services
n.
REVIEW OF AGENDA ITEMS
3:30 P.M.
III.
CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
Conference Room
4:00 P.M.
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
ROLLCALLOFCITYCOUNC~
C.
RECESS TO CLOSED SESSION
v.
FORMAL SESSION
Council Chamber
6:00P.M.
A.
CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Father James Parke
Church of the Ascension
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1. INFORMAL AND FORMAL SESSIONS
April 13, 2004
G.
AGENDA FOR FORMAL SESSION
H.
MAYOR'S PROCLAMATION
1.
"SPECIAL OLYMPICS DAY"
iRrønlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
Jrntlumuttnu
'WIiereas:
Specia{ OEympics is an internationa{ program of sports training aná
competitWn wliidi gives cliÚliren an¡[ duets wlio ære mentaŒy cliaffengeá a:n
opportun#y to dévefop tlieir pliysicaf skj{{s, áupfay tlieir a6ifities and, most
importa:ntEy, fu(fi{{ tlieir liuman potentiß' an¡[
'I'lie 'Virginia Œeacli Spedaf Olympics prCYUiáes mentaŒy cliaffengeá citizens
witn tFie opportunity to participate in atMetic trainfn{J and" competition as
we{{ as otner socia{ e-vents; an¡[
'W/iereas: '1Tzis year, tne )l.rea II )l.nnuaf 'Track. aná 'Fie{á games inc{uá"mg Virginia
ŒeacnspedafOEympicswif[6e!ie{áonSaturáay,:May 1,2004 atSafemJ-lt{jn
Scnoo{ in Virginia Œeacli; and"
Wnereas: 'I'liis wi{{ 6e tFie tliirteentn yeær of tne Virginia Œeacn City Councifs traártion
oj no1W1'Í119 Spedaf OEympics:
:Now, 'I'lierefare, 1, :Meyera 'E. o6errufoif, 'Mayor of tne City oj'Virginia Œea¡:n, Virginia,
áo nerery 1Pr0cfaim
WFiereas:
:May 1,2004
Speciar Qrympics (]Jay
In 'Virginia Œeacli, and" I eru;ourage aft citizens to support t!ie games on:May 1, 2004. I
furtlier eru;ourage aft citizens to recognize t!ie courage of Spedaf oEympians, tlie spirit and"
a¡[.¡,enture of Spedaf oEympics, aná tne contriEnttions of aft mentafEy diaffengeá citizens to
our commun#y.
In 'Witness o/¡l[¡ereof, I Furve liereunto set my nand" aná causeá tne Officia{SeaI oj tne City
of Virginia Œea¡:n, 'Virginia, to 6e a/:fi:K!á tnis 'Twrnty-sfnJentn áa:y oj )l.pri( 'Two 'Iliousand"
'Four.
""/~~'"
.~~?'P:-(~;~'~t
~;j,,~~Yk~.it.i;'.
~~
:Mayor
1.
PUBLIC HEARINGS
1.
ARROWHEARD ELECTION PRECINCT Change
from Arrowhead Elementary School to Carrow Baptist Church
2.
FY-2004 CAPITAL BUDGET AMENDMENT
Sanitary Sewer Pump Station Modifications
3.
CITY-OWNED PROPERTY LEASE
E. R. Cockrell at Nimmo Parkway and West Neck Road
(DISTRICT 7 - PRINCESS ANNE)
J.
CONSENT AGENDA
THE BEACON
SUNDAY, APRIL 11, 2004
PUBLIC HEARING
POWNG PLACE CHANGE
CITY OF VIRGINIA BEACH
:r~ ~~ ~gQ1',¡~i~f~Y¿~ipit~e~lhè:~~~~~'a~to~i~a':~ ;o"~~~~g~ti,e
location of the polling place for the Arrowhead Precinct.
The proposed ordinance will change this precinct=s polling place from
Arrowhead Elementary Schooi (located at 5549 Susquehana Drive) to
Carrow Baptist Church (located at 5545 Susquehana Drive). This
change is required because of construction that will be occurring at
Arrowhead Elementary.
The polling place lO'Cation change will become effective after adoption
by City Council. contingent upon approval by the United States
Department of Justice, as required by the Voting Rights Act of 1965. A
description and maps of the precinct and the location of the current
and proposed polling places, as wèll as a copy of the proposed ordi-
nance, 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.
The Public Hearing will be conducted in the City Councii Chamber of
the Administration Building (Building #1) atthe Municipal Center. if
you are physically disabled or visually impaired and need assistance at
this meeting, pieasecall the CITY CLERK=S OffiCE at 427-4303;
Hearing Impaired. call: TOO only 427-4305 (TOO. Telephonic Device
for the Deaf).
r¡ --<€ / d -:-
Ruth Hodges Smith, MMC
City Clerk
Beacon Aprii 11, 2004
11327499 .
rHE BEACON'
SUNDAY, APRIL 18, 2004
NOTICE OF PUBUC HEARING
Amendment of FY 2004 Capital
Budget AppJOpriation Ordinance:
Ap_riation of $5,000,000 for
AuxDiary Power for Sewer
Pump Stations
D. April 27, 2004, the Council of the
City of Virginia Beach, Virginia will hold a
public hearing on an amendment to the
FY 2004 Capitai Budget. The proposed
supplemental appropriation of
$5,000,000 for Sanitary Sewer Pump
Station Modifications (CIP #6-066) is for
additional auxiliary power sources for
~nitary sewer pump stations, which will .
enhance the reliability of these facilities during extended power out-,
ages. The additional costs will be funded through an appropriation:
from the Water and Sewer Fund Retained Eamings and will not require:
an increase in water or sanitary sewer rates
The public hearing will be conducted at 6:00 p.m. in Council Chamber
on the second floor of the City Hall Building, Municipal Center, Virginia
Beach, Virginia. A copy of the proposed amendment shall be avail.
able in the City Clerk's office for review. Interested persons may'
appear at such time and place and present their views. Individuals
desiring to provide oral or written comments may do so by contacting
the City Clerk's Office at 427-4303. If you are physically disabled Of
hearing or visually impaired and need assistance at this meeting,
please call 427-4305 VoicefTDD.
Beacon April 18, 2004
(j.-4. /4--'
Ruth Hodges Smith, MMC
. 11357318
rHE BEACON'
SUNDAY, APRIL 18, 2004
PUBUC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBUC HEARING on the
proposed leasing of approximately 14.5 acres of City owned properljl
to E.R. Cockrell on Tuesday, April 27, 2004, at 6:00 p.m. in the Coun-
cil Chamber of the City Hall Building (Building 111) at the Virginia Beach
Municipal center, Virginia Beach, Virginia to obtain public comment on
the City's propOsal to lease this palœl. Questions concerning this
matter should be directed to the Department of Management Sorvíces
- Facilítíes Management Office, Room 323, City Hall, (Building 1) at the
Virginia Beach Municipal center, (757) 427 8234. If you are physi-
cally disabled or visually impaired and need assistanœ at this meet-
ing, please call the CITY Cl.ERK'S OFFICE at 427 4303; Heañng
impaired call TOO only 427 4305 (TDD Telephone Device for the
Deaf).
Beacon: April 18, 2004
G~~/4-
Ruth Hodges smith, MMC
City Cieri<
11357207
K.
0 RD INAN CESIRESO L UTI 0 N
L Ordinance to CHANGE the Election Precinct from Arrowhead Elementary School to Carrow
Baptist Church (Deferred March 2,2004).
2. Ordinance to LEASE certain farmland to E. R. Cockrell, Jr. at Nimmo Parkway and West Neck
Road. (DISTRICT 7 - PRINCESS ANNE)
3. Ordinance to AMEND the FY-2004 Capital Budget and APPROPRIATE $1.3 Millionre Pump
Station Modifications - Phase IV to increase the reliability of the tier I sanitary sewer pump
stations.
4. Ordinance to AUTHORIZE temporary encroachments by BRUCE 1. THOMPSON to
maintain an existing pier, boat lift and bulkhead and construct three (3) mooring piles, a floating
pier, aluminum gangway, riprap and fill at 464 Southside Road in Lake Wesley. (DISTRICT 1 -
BEACH)
5. Ordinance to APPROVE the School Board's request to TRANSFER $1,737,857 in the FY2003-
04 School Operating Budget from the categories of Instruction; Administration, Attendance and
Health and Transportation to Operations and Maintenance:
$100,000
$160,000
$252,857
$]80,000
$235,000
$300,000
$200,000
$300,000
$1,137,857
$600,000
Custodial Equipment
Musical Instrument Repair
Trilogy Locks
Walkie-taIkies
Fleet Vehicles
Landscape Services
Copiers
Academy Building Modifications
Instruction to Operations and Maintainence
Operations and Maintenance
6. Ordinances to ACCEPT Grants and APPROPRIATE the funds as follows:
a. $9,180 from the Norfolk Foundation, to the FY 2003-2004 Operating Budget for the
Library Department re access to online databases.
b. $567,130 from the Department of Justice re purchase of equipment for preparedness and
response to weapons of mass destruction (WMD) events as recommended by the Safe
Community Strategic Issue Team
7. Resolution re EXECUTION of the Hampton Roads Metropolitan Medical Response System
Mutual Aid Agreement and the Medical Strike Team Memorandum of Understanding (MOU)
re emergency aid and assistance in event of a disaster or emergency
- 29-
Item V-LI.
PUBLIC HEARING
ITEM # 52302
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ARROWHEAD ELECTION PRECINCT CHANGE
From Arrowhead Elementary School to Carrow Baptist Church
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING.
Mayor Oberndorf advised this item will be DEFERRED INDEFINITELY as the Voter Registrar expressed
concern relative the precinct location.
March 2, 2004
\.
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~
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~/
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Arrowhead Precinct Temporarily Moved from Arrowhead
Elementary School to Carrow Baptist Church
MEETING DATE: April 27, 2004
.
Background: Construction at Arrowhead Elementary School may require that
the polling location be moved to Carrow Baptist Church for the November 2,
2004 Presidential Election only. Carrow Baptist Church is next door to
Arrowhead Elementary School at 5545 Susquehanna Drive. The Virginia Beach
Electoral Board voted on February 11, 2004 to make this move if necessary.
.
Considerations: Carrow Baptist Church is the only other building available in
this area. This change will become effective upon approval by the U.S.
Department of Justice pursuant to the Voting Rights Act of 1965, as amended
beginning with the November 2, 2004 Presidential Election.
.
Public Information: As required by Section 24.2-306 of the Code of Virginia
notice of this proposed change was published in the newspaper once a week for
two consecutive weeks. All voters in the precinct will receive new voter cards
with the name and address of the new polling location. An advertisement will be
placed in the newspaper prior to the Presidential Election to be held
November 2, 2004.
.
Alternatives: None
.
Recommendations: Adopt the proposed change.
.
Attachments: None
Recommended Action:
Submitting Department/Agency: ~~Ie(! C_la~6'Ha~~.r.,.~~~~egistrar
City Manager:~<:. t'ð-ß~~' 0 -
1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
19
20
21
22
AN ORDINANCE TO AMEND AND REORDAIN THE CITY
CODE BY MOVING THE ARROWHEAD PRECINCT POLLING
PLACE FROM ARROWHEAD ELEMENTARY SCHOOL TO
CARROW BAPTIST CHURCH
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.
14
hereby
established
following
city
in
the
the
There
are
precincts and their respective polling places, as set forth below:
Precinct
Polling Place
17
Alanton Elementary School
Alanton
18
Kemps Landing Magnet School
Aragona
Arrowhead
~rro~hcad Elcmcnt~ry ~chool
Carrow Baptist Church
Avalon
Avalon Church of Christ
23
Baker
Heritage United Methodist Church
24
Bayside
Bayside Elementary School
25
Salem Middle School
Bellamy
26
Blackwater
Blackwater Fire Station
27
Center for Effective Learning
Bonney
28
Brandon
Brandon Middle School
29
Brookwood
Brookwood Elementary School
30
Buckner
Holy Spirit Catholic Church
31 Cape Henry
32
33
34 Capps Shop
35 Centerville
36 Chesapeake Beach
37 College Park
38 Colonial
39 Colony
40
41
42 Corporate Landing
43 Courthouse
44 Creeds
45 Cromwell
46 Culver
47 Dahlia
48 Davis Corner
49 Eastern Shore
50 Edinburgh St.
51 Edwin
52 Fairfield
53 Foxfire
54 Glenwood
55 Great Neck
56 Green Run
57 Holland
Research and Enlightenment Building
(Edgar Cayce Library)
Back Bay Christian Assembly
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Colonial Baptist Church
Lynnhaven
Church
Colony
Congregational
Corporate Landing Middle School
Courthouse Fire Station
Creeds Fire Station
Salem United Methodist Church
Ocean Lakes High School
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
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
Holland Elementary School
2
58
Homestead
Providence Presbyterian Church
59
Hunt
Princess Anne Recreation Center
60
Indian Lakes
Indian Lakes Elementary School
61
Kings Grant
St. Nicholas Catholic Church
62
Kingston
Kingston Elementary School
63
Lake Smith
Bayside Church of Christ
64
Landstown
Landstown Community Church
65
Larkspur
St. Andrews United Methodist Church
66
Linkhorn
Virginia Beach Community Chapel
67
London Bridge
London Bridge Baptist Church
68
Lynnhaven
Grace Bible Church
69
Magic Hollow
Roma Lodge No. 254
70
Malibu
Malibu Elementary School
71
Manor
Providence Elementary School
72
Mt. Trashmore
Windsor Woods Elementary School
73
North Beach
Galilee Episcopal Church
74
Ocean Lakes
Ocean Lakes Elementary School
75
Ocean Park
Bayside Community Recreation Center
76
77
78
79
Oceana
Scott Memorial
Church
United
Methodist
Old Donation
Old Donation Center for Gifted
80
Pembroke
Pembroke Elementary School
81
Plaza
Lynnhaven Elementary School
82
83
84
Pleasant Hall
Kempsville Baptist Church Pleasant
Hall Annex
3
85 Point O'View
86 Red Wing
87 Reon
88 Rock Lake
89 Rosemont Forest
90 Roundhill
91 Rudee
92
93
94 Seatack
95 Shannon
96 Shelburne
97 Shell
98 Shelton Park
99 Sherry Park
100 Sigma
101 South Beach
102 Stratford Chase
103 Strawbridge
104 Tallwood
105 Thalia
106 Thoroughgood
107 Timberlake
108 Trantwood
109 Upton
110 Village
Kempsville Church of Christ
Birdneck Elementary School
Woodstock Elementary School
Salem Elementary School
Rosemont Forest Elementary School
Salem High School
Virginia Beach
Squad Building
Volunteer
Rescue
Seatack Community Recreation Center
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
St. John the Apostle Catholic Church
Thalia Lynn Baptist Church
4
III
112
113
114
115
116
117
118
119
Windsor Oaks
Witchduck
Wolfsnare
Central Absentee
Voter Precinct
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Agriculture/Voter Registrar Building
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of
CA-9l29
GG/ordres/proposed/lO-lord.dac
Rl -
February 16, 2004
APPROVED AS TO CONTENTS:
/!~i~
, 2004.
APPROVED AS TO LEGAL
SUFFICIENCY:
/' ~
/ >
t~ V
Ci ty Attar 's Of~
5
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, 'iJ
~._.';jJ'
CITY OF VIRGINIA BEACH
AGENDA ITEM
~I
ITEM:
Lease for 14.5 acres of Farmland to E. R. Cockrell, Jr.
Location -near southwestern corner of Nimmo Parkway and West Neck
Road, Virginia Beach, Virginia (GPIN 1494-51-5393)
MEETING DATE: April 27, 2004
. Background: Mr. E.R. Cockrell has been farming City land for the past several years in
the vicinity of the Municipal Center and the Lake Ridge properties. During this time, he
has farmed up to 47 acres of City property. Due to improvements on portions of this
property, the amount of land available for farming in this area has been reduced to
approximately 14.5 acres. The land is located near the southwestern corner of Nimmo
Parkway and West Neck Road in Virginia Beach. Currently this land is vacant and is
not being utilized by the City. E. R. Cockrell, Jr., wishes to lease the property for the
period of one year with the potential for four (4) successive one-year term renewals for
the purpose of utilizing the property for farming.
. Considerations: This lease would be for a term of one year and may be renewed
for four (4) successive one-year terms at the City's sole discretion, based upon
certain conditions and stipulations.
. Public Information:
Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change conditions of the
Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments:
Summary of Terms
Ordinance
Lease
Location Map
Recommended Action: Approval ~ JJ
Submitting Department/Agency\ ~ana~s I Fac¡f(ties Management Office
City Manager~ \(- \ b@~
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR LESS
THAN FIVE YEARS WITH E. R. COCKRELL,
JR. FOR 14.5 ACRES OF FARM LAND
LOCATED NEAR THE SOUTHWESTERN CORNER
OF NIMMO PARKWAY AND WEST NECK ROAD TO
BE USED FOR AGRICULTURAL PURPOSES IN
THE CITY OF VIRGINIA BEACH
WHEREAS, the City of Virginia Beach (the "City") is
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the
of
14.5
acres
of
farm land
located near
owner
the
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southwestern corner of Nimmo Parkway and West Neck Road,
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Virginia Beach, Virginia (the "Premises");
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WHEREAS, E. R. Cockrell, Jr. would like to enter
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into
formal
lease
arrangement
with
the
City
for
a
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Premises as shown on Attachment A;
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WHEREAS,
the
will
be
utilized
Premises
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agricultural purposes and for no other uses; and
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WHEREAS,
City
staff
that
has
determined
the
for
the
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granting of this lease will provide a small income to the
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City while saving the City maintenance fees on the property
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while the lease is in effect.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
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THE CITY OF VIRGINIA BEACH, VIRGINIA:
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That the City Manager is hereby authorized to execute
a lease for a term of less than five (5) years between E. R.
Cockrell, Jr. and the City, for the Premises in accordance with
the summary of Terms attached hereto and such other terms,
conditions or modifications as may be satisfactory to the City
Attorney and the City Manager.
Adopted by the Council of the City of Virginia Beach,
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Virginia on the
day of
, 2004.
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CA9l78
March 30, 2004
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APPROVED AS TO CONTENTS:
~/~
Ù",$ .Ç.4-c.'('~.<iS ¡V(~+ .,.çç:L-í
Depártment
TO LEGAL
AND FORM:
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F\D..IATY\F,~\CONTRAcrS'W""""g'C~k~lI-f= '~,'CA91780","'"
SUMMARY OF TERMS
LEASE FOR THE USE OF 14.5 ACRES OF CITY PROPERTY
FOR AGRICULTURAL PURPOSES
LESSOR:
City of Virginia Beach
LESSEE:
E. R. Cockrell, Jr.
PREMISES:
14.5 Acres of Farm Land owned by the City located near the southwestern
corner of Nimmo Parkway and West Neck Road in the City of Virginia
Beach.
TERM:
January 1,2004 through December 31, 2004 with option to renew for four
(4) successive one-year terms at City's discretion, based on certain
conditions listed below.
RENT:
Rent shall be Five Hundred Dollars ($500.00) per annum, payable within
ninety (90) days of the date of the Lease.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
May use the Premises for agriculture operations and no other purpose. Any
unauthorized use of the Property shall constitute a breach of the lease and cause its
immediate termination.
Must request, in writing, a renewal uot later than November 30 before the then
current lease term shall expire.
Required to maintain the following insurance coverage: Worker's Compensation
Insurance as required under Virginia law; Commercial General Liability Insurance
in an amount not less than $200,000 combined single limits per occurrence;
Automobile Liability Insurance in an amount not less than $200,000 combined
single limits per occurrence, issued by an insurance company licensed to conduct the
business of insurance in Virginia.
Assumes the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents associated with
the use of the Premises.
.
Required to comply with all applicable laws, ordinances, and regulations, including
all applicable environmental laws, in the performance of its obligations under the
Lease.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
Retains the right to grant easements and rights of way across or upon the property.
May enter the property without prior written notice in the event of an emergency.
Will have access to the property, upon forty-eight hours notice to Lessee, if it is
necessary in the discharge of its powers, purposes, and responsibilities.
TERMINATION: The City may terminate this lease upon giving Lessee ninety (90)
days written notice. If the property is not farmed, is alIowed to deteriorate, or waste is
permitted to accumulate thereon, the City may terminate the Lease on thirty (30) days
notice to the Lessee.
F,\D"'\ATY\F"m.'CONTRAcrS\W"ki..,c"k"l>r.~ """"9I78.SUMMARY OFTERMS.d"
THIS LEASE AGREEMENT, made this
day of
2004, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a
municipal corporation of the Commonwealth of Virginia, hereinafter referred to as
"CITY" or "LESSOR," party of the first part, and E.R. COCKRELL, JR.
(GRANTEE/LESSEE), hereinafter referred to as "Lessee/' party of the second part.
WITNESSETH
1.
LEASED PREMISES. That for and in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, CITY leases to Lessee and Lessee rents
from CITY the following property, hereinafter referred to as the "Property",
delineated as shaded area upon the attached plats labeled "Exhibit A" entitled
"EXHIBIT "A" 14.5 ACRES OF FARM LAND TO BE LEASED TO E.R. (DICK)
COCKRELL, JR. BY THE CITY OF VIRGINIA BEACH", reference being made to
said exhibits for a more accurate description thereof.
2.
RENT. That for and in consideration of the sum of $500.00, payable
within ninety (90) days of the date of this Lease, CITY does hereby lease and
demise unto Lessee the Property.
3.
TERM. The term of this Lease shall be for one year from January 1,
2004 to December 31, 2004. This Lease may be renewed for four (4) successive
one-year terms at CITY's sole discretion, based on the following conditions and
stipulations:
A.
Lessee must request, in writing, a renewal not later than
November 30 before the then current lease term shall expire; and
B.
Lessee must be in compliance with all terms and conditions of
this Lease; and
C.
The leased area is subject to modification for each year's
renewal; and
D.
The rental amount is subject to negotiation for each year's
renewal and must be paid within thirty (30) days of receipt of CITY's
acknowledgment of renewal; and
E.
All other terms and conditions of the Lease shall remain in force
for each renewal term, at CITY's sole discretion.
4.
USE OF PROPERTY - AGRICULTURAL PURPOSES. Lessee
covenants that the Property shall be used solely for agricultural purposes. All the
Property that can be placed under irrigation and is suitable for farming shall be
farmed during the term of the Lease, in a good and farm-like manner. If the
Property or any part thereof is not so farmed, or is permitted to deteriorate, or if any
waste is caused or permitted thereon by Lessee, this Lease may be terminated on
thirty (30) days' notice by CITY. Waste, as the term is employed herein, shall
include the cutting or removal of any timber on the Property, except as approved in
writing by CITY.
Lessee shall use the Property only for purposes listed herein and any
other use thereof, unless necessarily incidental to such listed and allowed uses,
shall constitute a breach of this Lease and cause its immediate termination. The
Property is leased by CITY to Lessee "as is," and the sole responsibility for the
maintenance and upkeep of the Property shall be with Lessee.
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5.
ASSIGNMENT AND SUB-LEASE. This Lease may not be assigned
or transferred, and Lessee shall not sublet the Property, either in whole or in part,
without CITY's prior written consent.
6.
TERMINATION AND RIGHT OF ENTRY BY CITY.
A
Lessee shall not be entitled to renew this Lease in the event
Lessee is in default in the performance of any of the covenants, terms or conditions
of this Lease.
B.
CITY reserves the right at any time without prior written notice
to enter upon the property, after it has been determined that an emergency exists,
C.
The parties acknowledge that CITY has certain powers,
purposes and responsibilities. To discharge its powers, purposes or
responsibilities, CITY shall have the right to require Lessee to immediately
dismantle and remove any and all equipment and improvements from the Property,
within forty-eight hours after notice is given to Lessee. Thereafter, CITY shall have
the exclusive right to enter upon and use the Property, and Lessee shall surrender
possession and control thereof to CITY.
D.
Further, CITY reserves the right to terminate this Lease by
giving written notice to Lessee at least ninety (90) days prior to the date of
termination. If harvesting of the Lessee's crop has not been completed, all rent.paid
in advance shall be refunded.
E.
Should it become necessary for CITY to enter upon the
Property in accordance with either of paragraphs 6.B or 6.C of this Lease, and if
such action causes damage to, or loss of, any or all of Lessee's unharvested crop,
CITY agrees to pay to Lessee a mutually agreed upon sum to cover Lessee's loss.
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Lessee must submit a written claim to CITY within sixty (60) days of the date on
which damage was sustained.
F.
Should CITY and Lessee disagree on the monetary amount of
the damage sustained per paragraph 6.E of this Lease, CITY's Director of the
Department of Agriculture shall determine the amount of damage and his decision
shall be final.
7.
Lessee will keep all equipment and improvements, if any, placed upon
the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all
activities on the Property that fall under his control; and will act immediately in
response to any notices by CITY with reference to the forgoing.
It is further understood and agreed as part of the consideration hereof,
that Lessee shall be responsible for the maintenance and/or repair of the Property
arising out of Lessee's use of the Property. Should any maintenance and/or repair
work be deemed necessary, then the decision of CITY as to the scope of the
required work and the amount of such liability shall control and be binding on
Lessee.
8.
CITY'S RIGHT TO GRANT EASEMENTS. CITY reserves the right to
grant easements and rights of way across or upon the Property, for streets, alleys,
public highways, drainage, utilities, telephone and telegraph transmissions lines,
pipelines, irrigation canals, and similar purposes.
9.
INDEMNIFICATIONIINSURANCE BY LESSEE. Lessee shall
indemnify and save harmless CITY and all its officials, agents and employees from
and against all losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description
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brought or recovered against them by reason of any injuries to property or person,
including death, occurring on the Property, arising out of or in connection with
Lessee's use of the Property. During the term of this Lease, Lessee shall obtain
and keep in force the following policies of insurance:
Worker's Compensation Insurance as required under Title 65.2 of the
Code of Virginia.
Commercial General Liability Insurance in an amount not less than
two hundred thousand dollars ($200,000) combined single limits (CSL). Such
insurance shall name CITY as an additional insured.
Automobile Liability Insurance including coverage for non-owned and
hired vehicles in an amount not less than two hundred thousand dollars ($200,000)
combined single limits (CSL).
All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in Virginia. acceptable to
the CITY, and shall carry the provision that the insurance will not be canceled or
materially modified without thirty days (30) prior written notice to CITY. Lessee shall
provide a certificate evidencing the existence of such insurance.
10.
APPLICABLE LAW. This Lease shall be deemed to be a Virginia
Lease and shall be governed as to all matters whether of validity, interpretations,
obligations, performance or otherwise exclusively by the laws of the Commonwealth
of Virginia, and all questions arising with respect thereto shall be determined in
accordance with such laws. Regardless of where actually delivered and accepted,
this Lease shall be deemed to have been delivered and accepted by the parties in
the Commonwealth of Virginia.
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11.
COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws,
rules and regulations of CITY and all other governmental authorities respecting the
use, operation and activities on the Property, including all applicable environmental
Laws, and shall not make or be a party to any unlawful, improper or offensive use of
such premises or nuisance thereon.
It is expressly understood and agreed that Lessee, in no way,
represents or acts on behalf of CITY or any department thereof.
12.
VENUE. Any and all suits for any claims or for any and every breach
or dispute arising out of this Lease shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach.
13.
INVALIDITY. If any section, paragraph, subparagraph, sentence,
clause or phrase of this Lease shall be declared or judged invalid or
unconstitutional, such adjudication shall not affect the other sections, paragraphs,
sentences, clauses or phrases.
14.
MODIFICATION. There may be no modification of this Lease, except
in writing, executed by the authorized representative of the City and the Lessee.
15.
NOTICES. Any notice which may be or is required to be given
pursuant to the provisions of this Lease shall be delivered or sent by certified mail,
prepaid, retum receipt requested, and addressed as follows:
If to Lessee, to:
E. R. COCKRELL, JR
2940 NORTH LANDING ROAD
VIRGINIA BEACH, VA 23456
If to CITY, to:
FACILITIES MANAGEMENT OFFICE
CITY HALL BUILDING, ROOM 323
MUNICIPAL COMPLEX, BUILDING 1
VIRGINIA BEACH, VA 23456
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IN WITNESS WHEREOF, the parties hereto have each caused this Lease to
be executed by their proper representatives as of the day and year first above
written.
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
'.
Ruth Hodges Smith
City Clerk
APPROVED AS TO CONTENT:
Lessee:
é.
E. R. Cockrell, Jr.
APPROVED AS TO
LEGAL SUFFICIENCY:
Law Department
APPROVED AS TO CONTENT:
~
-. /.-rr~/7-1
Risk Management
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this - day
of , 2003, by , City Manager/Authorized Designee of
the City Manager of the City of Virginia Beach, on its behalf. He/She is personally
known to me.
Notary Public
My commission expires:
dO
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
.
The foregoing instrument was acknowledged befóre me this - day
of , 2003, by Ruth Hodges Smith, City Clerk of the City of Virginia
Beach, on its behalf. She is personally known to me.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
\V\ The foregoing instrument was acknowledged before me this 12}\ day
of \' \"'r "-"^- , 2003, by \\""~< 'Or-v- , E. R. COCKRELL, JR., Lessee, on
its behalf. He/She is personally known to me.
ßo,~
Notary Public
My commission expires:
." --..
--- III ..... .., NID ....
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8
, / \
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000'1, 0'60 '. / 00
0<4> O~ 0
/~ '\ d'cJP 0'" 9f
"",00 \ EXHIBIT "A" ,0 )
14.5 ACRES OF FARM LAND TO BE LEASED
TO
E.R. (DICK) COCKRELL, JR.
BY THE CIlY' OF VIRGINIA BEACH
/cfS SCALE: 1" = 400' //
COCKRELLDGN M, 5,
03/
0
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0
0
0
0
\
PREPARED BY PM' ENG, CADD DEPT, MARCH 2004
&,0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Sanitary Sewer Pump Station Reliability - Request for Appropriation of Funds
MEETING DATE: April 27, 2004
. Background: In September 2003, Hurricane Isabel-related power failures shut
down 92 percent of the City's 389 sanitary sewer pump stations. Because of the
sheer number of stations without power and the extended duration of the
outages, which dwarfed all previous experiences, Public Utilities personnel and
equipment were unable to prevent the numerous sanitary sewage overflows
(SSO's) that ensued. Public Utilities has evaluated two alternatives to improve
its capacity to respond to city-wide power failures. It has also considered an
immediate response that would improve our ability to respond during the 2004
and 2005 hurricane seasons.
Alternative 1 would involve a permanent, auxiliary generator or pump at all 389
sewer pump stations. This is estimated to cost up to $50 million. Debt service
and operational costs would be about $6 million per year. Alternative 2 would
involve permanent, auxiliary equipment at 97 high-vulnerability stations, electrical
"quick-connects" at the other 292 stations, and more portable generator and
pumping equipment (in-house and leased). It is estimated to cost up to $21
million. Debt service and operational costs would be about $2.6 million per year.
Both alternatives would require up to 5 years to implement, and require sewer
rate increases.
. Considerations: SSO's occur for many reasons other than power failures and
the sanitary sewer system has many needs beyond improving reliability during
storm events. The best use of limited sewer revenues is to seek to minimize the
total volume and number of SSO's from all causes, not just one cause in
particular. For these reasons, staff would not recommend Alternative 1.
Alternative 2, or something similar, may be appropriate but more analysis and
engineering is necessary before a final recommendation can be made.
In the meantime, staff has identified an immediate response to improve the ability
to respond during the 2004 and 2005 hurricane seasons. These actions involve
the purchase of 20 portable generators (5 replacement, 15 new), emergency
contracts to lease additional generators and auxiliary pumps from the private
sector before and after a hurricane or other similar emergency, and a program to
facilitate the installation of backwater valves in structures that are highly
vulnerable to SSO's. This is estimated to cost approximately $1.3 million. It is
proposed that funding be in the form of an appropriation from the Water and
Sewer Fund Retained Earnings. This would not require any water or sewer rate
increases.
. Public Information: A public hearing has been advertised in accordance with
applicable law. This item was also advertised as part of the City Council Agenda.
. Alternatives: The alternatives are to 1) enact, or 2) reject the proposal to
appropriate $1.3 million from retained earnings to support the immediate
response to prepare for the 2004 and 2005 hurricane season. If rejected, Public
Utilities will recommend upgrading its capacity to respond to city-wide power
failures by including the necessary funding in the next Capital Improvement
Program and Operating Budget cycles for Council review and consideration, at
that time. However, Public Utilities would not be able to implement an immediate
response to improve the ability to respond during the next hurricane season.
. Recommendations: Staff recommends that City Council approve the attached
ordinance that authorizes appropriation of $1.3 million in retained earnings to CIP
#6-066 Pump Station Modifications - Phase IV for the identified short-term
solution efforts to increase the operational reliability of the Tier I sanitary sewer
pumping stations.
. Attachments: Ordinance
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Public Utilities ~ t/"W1. a-J? jrl, ~ - !2 j.iJJ..
COy M""'U \C ~ ~ 7"
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AN ORDINANCE TO APPROPRIATE
$1,300,000 OF WATER AND SEWER FUND
RETAINED EARNINGS TO CAPITAL PROJECT
#6-066, PUMP STATION MODIFICATIONS-
PHASE IV, FOR THE PURCHASE OR LEASE
OF EQUIPMENT TO PROVIDE AUXILIARY
POWER FOR SEWER PUMP STATIONS
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WHEREAS,
result
of
Hurricane
Isabel-related
power
as
a
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failures in September 2003, the Department of Public Utilities was
unable to prevent numerous sanitary sewage overflows; and
WHEREAS,
in preparation
for the 2004
and 2005 hurricane
seasons, Public Utilities has recommended appropriating $1,300,000
of Water and Sewer Retained Earnings to project # 6-066,
"Pump
Station Modifications-Phase
IV"
for the purchase or lease of
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portable generators
and pumps to provide auxiliary power and
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increase the operational reliability of the sanitary sewer system,
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and for implementation of a backwater valve program for structures
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that are highly vulnerable to sanitary sewer overflows.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
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VIRGINIA BEACH, VIRGINIA:
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1.
That $1,300,000 of Retained Earnings in the Water and
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Sewer Fund is hereby appropriated to capital project #6-066, "Pump
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Station Modifications-Phase
IV" for the purchase or
lease of
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equipment to provide auxiliary power for sewer pump stations and
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for implementation of a backwater valve program for structures that
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are highly vulnerable to sanitary sewer overflows.
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2.
That estimated revenue consisting of retained earnings
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from the Water and Sewer Fund is hereby increased by $1,300,000 in
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the FY 2003-04 Capital Budget.
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Adopted by the Council of the City of Virginia Beach, Virginia
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on the
day of
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CA9225
R-2
CIP#6066-2.Doc
4/22/94
APPROVED AS TO CONTENT:
fi!¡f ~!C-
2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~ [;~> (1(,
City At rney
LAKE WESLEY
~
LOCATION MAP
SHOWING h
ENCROACHMENT REQUESTED BY,
BRUCE L. THOMPSON
464 SOUTHSIDE ROAD
SCALE: 1" = 200'
BRUCE THOMPSON.DeN M.J.S.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment Requestto maintain a pier, boat lift, and bulkhead and to construct
and maintain three (3) mooring piles, floating pier, aluminum gangway, rip rap and
fill
MEETING DATE:
April27,2004
.
Background: Bruce L. Thompson desires to maintain a pier, boat lift, and bulkhead
and to construct and maintain three (3) mooring piles, floating pier, aluminum
gangway, rip rap and fill at the rear of 464 Southside Road in Lake Wesley. There
are approved Joint Permit Applications for these requests.
.
Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the agreement
The Department of Public Works supports the utilization of "hardened slope
stabilization" methods including bulkheading, grouted rip-rap and rip-rap with filter cloth
to minimize and prevent soil loss along bank slopes associated with open drainage
ditch, canal and lake systems. These methods are successful in areas with soil types
classified as highly erodible, specifically during major rainfall events which create high
velocities and wave action along bank slopes due to high winds.
There are similar encroachments surrounding Lake Wesley, which is where Mr.
Thompson has requested to encroach.
.
Public Information:
Advertisement of City Council Agenda.
.
Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
Encroachment Request for 464 Southside Road
March 8, 2004
Page 2
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Recommendations:
Approve the request subject to the terms and conditions of the agreement.
.
Attachments:
Ordinance, Location Map, Agreement, Plat, and Pictures.
Recommended Action:
Approval of the ordinance
Submitting Department/Agency: Public Works I Real Estate'ðe. ~
City Mana..'~ k ~
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF LAKE
WESLEY BY BRUCE L. THOMPSON, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Bruce L. Thompson desires to maintain a pier,
9
boat lift, and bulkhead and to construct and maintain three (3)
mooring piles, floating pier, aluminum gangway, rip rap and fill
into the City's property located at the rear of 464 Souths ide Road
on Lake Wesley.
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WHEREAS, City Council is authorized pursuant to §§ 15.2-
14
and
15.2-2107,
of
Virginia,
1950,
amended,
to
Code
2009
as
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authorize
temporary encroachments upon the City's property subject
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to such terms and conditions as Council may prescribe.
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NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
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OF VIRGINIA BEACH, VIRGINIA:
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That pursuant to the authority and to the extent thereof
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contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
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amended, Bruce L. Thompson, assigns and successors in title are
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authorized
maintain
pier,
lift,
and bulkhead
and
to
a
boat
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construct and maintain three
(3) mooring piles,
floating pier,
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aluminum gangway, rip rap and fill as temporary encroachments in
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the City's property as shown on the map entitled:
"SHORELINE
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IMPROVEMENTS IN: LAKE WESLEY AT: 464 SOUTHSIDE ROAD VIRGINIA BEACH,
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VA 23451 APPLICATION BY: BRUCE THOMPSON DATED AUGUST 25, 2002", a
copy of which is on file in the Department of Public Works and to
which reference is made for a more particular description; and
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BE IT FURTHER ORDAINED, that the temporary encroachments
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are expressly subject to those terms,
condi tions and criteria
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contained in the Agreement between the City of Virginia Beach and
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Bruce L. Thompson,
(the "Agreement") which is attached hereto and
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incorporated by reference; and
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BE IT FURTHER ORDAINED that the City Manager or his
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authorized designee is hereby authorized to execute the Agreement.
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BE IT FURTHER ORDAINED, that this Ordinance shall not be
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in effect until such time as Bruce L. Thompson and the City Manager
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or his authorized designee execute the Agreement.
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Adopted by the Council of the City of Virginia Beach,
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Virginia, on the
day of
, 2004.
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CA-#'I11"/
gsalmons !Thompson! ord.
R-l
PREPARED:
~ AS TO CONTENTS
I~ c.æWS~
SIGNATURE
Pm !fER! &Jãj¡
DEPARTMEm
APPROVED AS TO LEGAL
SUFFICI~ FORM
~~ s...:r-,.
ATTOI!NI!:Y
2
PREPARED BY VIRGINIA BEACH
CITY ATIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58. I -811(0)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
,..C(? 1-
THISAGREEMENT,madethisLdayof /Y¡/U-c.- rz ,2004,byandbetween
the CITY OF VIRGINIA BEACH, VIRGINIA, amunicipalcorporation, Grantor, "City", and Bruce
1. Thomnson, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though
more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that cenain lot, tract, or parcel of land
designated and described as "B11 and B12" as shown on "REPLAT OF RUDEE HIGHTS
PRINCESS ANNE CO., VA. Scale -1"=1001 December 1950 ", as recorded inM.B. 26, at Page
57 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being funher
designated and described as 464 Southside Road, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain an existing pier, boat lift, and
bulkhead, and construct and maintain three (3) mooring piles, floating pier, aluminum gangway,
rip rap and fill "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a ponion of an existing City property known as Lake
Wesley "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
I Encroachment within The Encroachment Area.
I I GPIN: 2427-20-3522-0000
il
II
Ii
II
Ii
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled:
"SHORELINE IMPROVEMENTS IN: LAKE
WESLEY AT: 464 SOUTHSIDE ROAD VIRGINIA
BEACH, VA 23451 APPLICATION BY: BRUCE
THOMPSON", a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnÏfy and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence ofthe Temporary Encroachment.
I
1
II
II
'I
I
II
Ii
2
It is further expressly understood and agreed that nothing herein contained sha1l be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
iÌ"om the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
3
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, Bruce 1. Thompson, the said Grantee has caused this
Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto
affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee ofthe City Manager
I (SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2004, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER He/She is personally known to me.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VlRGlNlA
I BEACH. ¡¡,¡S¡,," J>"'O"'ÙIy!mown "'~.
II
Notary Public
My Commission Expires:
STATEO~~;.~~r~' ~
CITY/CO Y OF' ,:. t,o. , 'Lto-wit:
I
~~
The foregoing instrument was acknowledged before me this
day of
, 2004, by Bruce 1. Thompson,
~~~~
My Commission Expires: ~ '31 ¡ ~(;C(Q
éù
CITY AT
APPROVED AS TO CONTENT
hc.~
ITY REAL ESTATE AGENT
APPROVED AS TO
LEGAL SUFFICIENCY
Rev. 07-24-02
6
,----.
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REFERENCE MONUMENTS: '5 \ ~ ~ ~ :.. ¡;;- EROSION COMMISSiON
LR-8 'i~ </.'.,;if"
PR04-2-A </.a>. ~-~
A-5 RESET ..,
~¡:NEL LOCATION PROVIDED 3 PROPOSED
BY; EAST COAST HYDROGRAPHIC MOORING
LAKE WESLEY
--EBBC?FLOOD -
EXIST,
R1PRAP
PROPOSED
FlOA lING PIER
ADDITION WITH
ALUMINUM GANGWAY
("S"NO
"OR ^"~
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APO!
M/F BRUCE 'lHONPSON
I
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1 STORY FRAM£
1464
£=12222293.46
N=3470634.55
"
£=12222227.85
N=3470S34.05
IF' (F) N40"26'00-£ 120.0' IP (F) PLAN VIEW
SOUTHSIDE ROAD (50' R/W)
@ 2002 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. SCALE ,. = 40'
PURPOSE: MAINTENANCE WA TERFRONT SHORELINE IMPROVEMENTS
DATUM: MLW '= 0.00' IN: LAKE WESLEY
A.PO.'S CONSULTING, INC AT: 464 SOUTHSIDE ROAD
1, BRUCE THOMPSON 1112 JENSEN DRIVE. SIE. 206 VIRGINIA BEACH. VA 23451
2. CVB \l1RGINIA BEACH, VA 23451 APPLICA TleN BY:
3. BENJAMIN PORIER PHONEjFAX: (757) 425-8244 BRUCE THOMPSON
Exhibit" A "
ENGINEERING SERVICES PROVIDED BY:
IMS ENVIRONMENTAL: (757) 436-3000 DATE: AUGUST 25. 2002
ITEM:
Request for Categorical Transfers in School Operating Budget
MEETING DATE: April 27, 2004
. Background: The FY 2003-04 School Operating Budget was appropriated by
City Council by categories and any transfer of funds between the categories must be
approved by City Council prior to transfer and expenditure of funds by the School
Board.
. Considerations: On March 16, 2004 the administration of the Virginia Beach
City Public Schools presented a mid-year review of the FY 2003-04 Operating Budget
and indicated that approximately $10.9 million of appropriated funds were available.
The School Board recommends that the following items be purchased through the
Operations and Maintenance category:
. $110,000 for Custodial Equipment
. $160,000 for repair of musical instruments
. $252,857 for Trilogy locks
. $180,000 for walkie-talkies for communication between portables and the main
building
. $235,000 for the replacement of various fleet vehicles
. $300,000 for equipment replacement for Landscape Services
. $200,000 for replacement of copiers
. $300,000 for building modifications to academy programs
Furthermore, the School Board, in a resolution dated April 6, 2004, requests that the
City Council approve categorical transfers as follows:
. $1,137,857 from Instruction to Operations and Maintenance
. $ 350,000 from Administration, Attendance and Health to Operations and
Maintenance
. $ 250,000 from Transportation to Operations and Maintenance
. Public Information: Public Information will be handled through the normal
Council Agenda notification process.
. Alternatives: $1,737,857 in excess funds in the categories of Instruction;
Administration, Attendance & Health; and Transportation would "revert" to the City at the
end of the fiscal year, and needed equipment and services will not be purchased from
the Operations and Maintenance category.
. Recommendations: It is recommended that the City Council approve the
transfer of $1,737,857 in the FY 2003-04 School Operating Budget from the categories
of Instruction; Administration, Attendance & Health; and Transportation to the
Operations and Maintenance category.
.
Attachments: School Board Resolution dated April 6, 2004 and Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager: ~ k- . ð(] ~
1
2
3
10
11
12
13
AN ORDINANCE TO APPROVE THE TRANSFER OF
$1,737,857 WITHIN THE FY 2003-04 SCHOOL BOARD
OPERATING BUDGET
4
WHEREAS, by resolution dated April 6, 2004, the School Board has adopted a resolution recommending
5
the transfer of funds from the Instructional category, the Administration, Attendance and Health category, and the
6
Transportation category to the Operations and Maintenance category to purchase needed equipment.
7
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
8
9
That the School Board's transfer of $1,737,857 to the Operations and Maintenance category of the FY
2003.04 School Board Operating Budget, consisting of $1,137,857 from the Instruction category, $350,000 from
the Administration, Attendance and Health category, and $250,000 from the Transportation category, is hereby
approved.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 27'h day of April, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ ~ &
~ . ~ I/:
City Attorney's ice '7
CA.9150
R.3
April 21, 2004
.. IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
A REQUEST OF THE VIRGINIA BEACH CITY COUNCIL TO TRANSFER CERT AIN
FUNDS RESOLUTION
o.nicl D. Edwanls
Cha'-
~~f'a:.;,:~~~~, WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
VA Beach. VA 234&1 community, is to ensure that each student is empowered with the knowledge and skiiIs necessary to
495-3551 (h). 717-0259 (celQ meet the challenges of the future; and
Neil L Roo<
Voce Chailll1an
AI-lOlge
1337 Hams Road
VA Beach. VA 23452
463-3823(h).497.6633(w)
Jan. S. Brooks
[<slOd 6 - Beach
721 H'"top Road
VA Beach, VA 23454
425-1597(h}
Emma L "Em" Davis
Diso<t5.lYlmha""
tt25Miehae""""Dri"
VA Beach, VA 23452
340-8911(h}
A. James "Jim' DeBet,s
[<s!tiC12 - _,,"ille
4545 Bob Jones 01'"
VA B,ach, VA 23462
467-2457(h}
Da" R.low,
[<sOieI4. Baysi.'
4617 Red Coat Road
VABeach,VA23455
49().J681 {h}
Sa"dra Sm'th.Jo""
AI.lOl9'
705 Rock CIcek Co,"
VA Beach, VA 23462
490-8167 (h)
WHEREAS, on March 16,2004 the administration presented a mid-year review of the FY 2003/04
Operating Budget indicates that approximately $10.9 miiIion ofFY 2003/04 appropriated funds were
available; and
WHEREAS, the recommended list includes the following items to be purchase through the Operation
and Maintenance category:
$110,000 for Custodial Equipment
$160,000 for repair of musical instruments
$ 252,857 for Trilogy locks
$ 180,000 for walkie talkies for communication between portables and the main building
$ 235,000 for the replacement of various fleet vehicles
$ 300,000 for equipment replacement for Landscape Services
$ 200,000 for replacement of copiers
$ 300,000 for building modifications to academy programs
WHEREAS, the FY 2003/04 Operating Budget was appropriated by City Council by categories; and
WHEREAS, any transfer of funds between categories must be approved by City Council prior to
transfer and expenditure of funds by the School Board.
Now, therefore, be it
MichaelW.Stewart RESOLVED: That the Board requests the City Council approve a categorical transfers follows:
O'sltiCt3-RoseHaIl
1058te"twoodCo,"
VA Beach, VA 23452
498-4303 (h). 445-4637 (w)
Arth"T. Tat,
Al.l..a<ge
1709ladysm'~ Mews
VA Beach. VA 23455
460.5<51 (h)
Carollo 0, W"ms
AI-lOl9'
1420 Cla""'a Dri"
VABeach,VA234(i5
464-<674(h}
Lois S. W1moms. Ph.O.
[<sOie' , - PI'oce5S 1m",
2532.... CoI18'" (;(,,"
VAB.;ach. VA 23456
233-0891 (w)
SUPERiNTENDENT
T'mothy R. J",..y. Ph.D,
2512 GeOlge Masoo D'".
VA e.""h, VA 23455
427.4326
$1,137,857 from Instruction to Operations and Maintenance
$ 350,000 from Administration, Attendance and Health to Operations and Maintenance
$ 250,000 from Transportation to Operations and Maintenance
and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and th
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City C1erk.
Adopted by the School Board of the City of Virginia Beach this 6'h day of April 2004.
SEAL
Daniel D. Edwards, Chainnan
Attest:
CERTIFIED TO BE A TRUE
AND CORRECT COpy
A jjJJt.ÆU:u. fF trJ..v.to./lA.dUi-
Clerk, SChool Board of the
City of VIrginia 8QIWh
~ f. aJ.v,¡~
Dianne P. Alexander, Clerk of the Board
School AdminiStration Building' 2512 George Mason Drive' RO. Box 603B . Virginia Beach, VA 23456-003B
www.vb'sêh':;';ls:c';m
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Norfolk Foundation Grant to Purchase Two Online Grant Databases
MEETING DATE: April 27, 2004
. Background:
Non-profit organizations frequently rely on the public library to provide information on
available grants. The largest local source of grant information is located at the Hampton
Public Library, which as a Cooperating Library of the Foundation Center receives many
materials free of charge. The Virginia Beach Public Library has applied twice to be a
Cooperating Library but was not accepted because the City's facilities were within fifty
miles of Hampton.
In December 2002, the Virginia Beach Public Library received a regional grant of $9,180
from The Norfolk Foundation to provide access to two on-line grant databases that
provide up-to-date, easily accessible information on available grants and grant making
organizations. These two databases, "Grant Select" and the "Foundation Directory
Online," have been available for the past year to customers of the Virginia Beach Public
Library and three other Hampton Roads libraries - Chesapeake, Norfolk and
Portsmouth. The Norfolk Foundation has renewed this grant for an additional three
years, at $9.180 per year, so Hampton Roads public libraries can continue to provide
this service.
. Considerations:
Funds for the first year of the three-year grant have been received. No matching funds
are required by the City.
. Public Information:
Public information will be handled through the normal Council Agenda notification
process.
. Alternatives:
No alternative funding is available.
. Recommendations:
It is recommended that the grant of $9,180 be approved for the renewal of the online
grant databases.
. Attachments:
Ordinance and Grant Agreement
~16
Recommended Action. Approve Ordinance
Submitting Department/Agency: Virginia Beach Department of Public Libraries
City Manager:~t,~
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT A $27,540 GRANT
FROM THE NORFOLK FOUNDATION AND
APPROPRIATE $9,180 TO THE FY 2003-04
OPERATING BUDGET OF THE LIBRARY
DEPARTMENT TO PROVIDE ACCESS TO
ONLINE DATABASES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9
VIRGINIA:
10
1.
That a $27,540 grant from the Norfolk Foundation is hereby accepted and
11
$9,180 is appropriated to the FY 2003-04 Operating Budget of the Library Department to
12
provide access to online databases.
13
2.
That estimated revenue from donations is hereby increased in the FY
14
2003-04 operating budget by $9,180.
15
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day
16
of
,2004.
17
18
APPROVED AS TO LEGAL SUFFICIENCY;
D~~~.~~~
Management se~ \
~^ s: ~ \fr
City Attomey' Ice I
19
20
21
22
23
24
25
CA-9224
R2
Library-Norfolk Foundation Grant ord.doc
April 15,2004
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Department of Justice Equipment Grants
MEETING DATE: April 27, 2004
. Background:
In July of 2003, the City was notified that the Department of Justice would be providing
pass-through funding for localities to support equipment needs related to preparedness
and response to weapons of mass destruction (WMD) events. The Virginia Department
of Emergency Management has awarded the City two grants totaling $1,217,130
through a population formula. The grant requires a resolution of support from City
Council and that equipment purchases must be approved by the grantor prior to receipt
of the funds.
A committee has met to assess the needs and priorities for the City as a whole. The
final determinations for funding were endorsed by the Safe Community Strategic Issue
Team. This committee determined that this initial funding was best spent primarily on
public-safety related equipment. Funding from these grants will be allocated:
2003-8ase Grant Distribution:
. Personal Protective Equipment for Responders
Police
Fire
EMS
Other Departments
. 1 EMS MCI Response Vehicle
. Replace Detection and Monitoring Equipment
. Police WMD-SWAT Trailer
. Cyber Locks for Public Utilities
Total
$ 61,716
$ 71,717
$ 40,180
$ 11,717
$ 41,000
$ 17,000
$ 8,500
$ 35,000
$286,830
2003-11 Grant Distribution:
. Vulnerability Assessment and Responder Plan
. Bomb Robot Accessories & Suit
. Emergency Operations Center Equipment
. 10 Machines
Total
$ 20,000
$ 70,000
$150,000
$ 40,300
$280,300
. Considerations:
This funding will provide better capabilities to safely address everyday emergency
response in addition to increasing the City's preparedness to respond to events
involving terrorism or weapons of mass destruction.
. Public Information:
Public Information will be handled through the nonnal Council agenda process.
. Alternatives:
The city currently does not have the capacity to fund the requested items within current
revenue projections.
. Recommendations:
Accept the grants and appropriate $567,130 to address ongoing emergency response
need and increasing the City's capability to effectively respond to WMD events.
. Attachments:
Ordinance
Award Letters
Recommended Action: Approval
Submitting DepartmenUAgency: Management service51?~ß - ^ n¥1
C;ty M,".g.~ \L. CJ3""'- ,~
10
11
12
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$567,130 FROM THE U.S. DEPARTMENT OF JUSTICE
TO THE FY 2003-04 OPERATING BUDGET FOR
EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF
WEAPONS OF MASS DESTRUCTION
6
7
WHEREAS, the City of Virginia Beach has been awarded two (2)
equipment grants from the U.S. Department of Justice, related to
8
9
local response to the use of weapons of mass destruction.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $567,130 in grant funds is hereby accepted from
the
Department
of
Justice
and
appropriated
as
U.S.
13
]4
follows:
FY
2003-04
a.$140,216
to
the
Police
Department's
15
16
Operating
Budget
the
purchase
of
a
SWAT
for
equipment
for
trailer,
personal
protective
17
18
responders,
and accessories for a bomb robot and
suit;
]9
20
b. $108,717
the
Fire
FY
2003-04
Department's
to
Operating Budget for the purchase of replacement
21
detection
and
monitoring
equipment,
personal
22
23
protective
equipment
for
responders,
and
to
complete a vulnerability assessment and responder
24
plan as require¿ by the grant;
25
26
c. $121,480
the
Medical
Services
to
Emergency
Department's FY 2003-04 Operating Budget for the
27
28
purchase
of
vehicle,
identification
a
response
protective
equipment
card machines
and personal
29
for responders;
30
31
d.$150,000
the
to
Communications
and
Information
Technology
Department's
FY
2003-04
Operating
32
33
Budget for the purchase of equipment related to
the Emergency Operations Center; and
34
35
e. $46,717
to the Public Utilities Department's FY
2003-04
Operating
Budget
the
for
purchase
of
36
37
personal protective equipment for responders and
cyber locks for water facility security.
38
39
2. That federal revenue in the FY 2003-04 operating budget
is hereby increased by $567,130.
40
41
Accepted by
the
Council
of
the
City of
Virginia Beach,
Virginia on the
day of , 2004.
Approved as to Content ~
0" \'" (\~\
(-', - I rA IU\ \ Leo
- lA/\f'.Y..j " ,
Approved as to Legal
Sufficiency
/ co' (r~ 00"-
¿ ¿úA-'---- oJ" ) P'?¿~- ,) ,-
"--"
Department of Law
Department of Management Services
CA-9226
R3
April 15, 2004
DOC Equipment Grant Ord
,I ,,"-. . ~
L]JJ.v ¡ /I.--r-,./
" , . Iv' '\
~ Cv""} ,
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordlnatol
Department of Emergency Management
t0501 r,ade Court
Richmond, Vltglnla 23236.3713
(804) 897.6500
(TOO) 674.2417
FAX (804) 897.6506
JANET L. CLEMENTS
Deputy Cooldlnator
L RALPH JONES, JR.
Deputy Coordinator
February 13; 2()()4
Mr. James K. Spore
City Manager
Virginia Beach City
2401 Courthouse Drive
Virginia Beach, VA 23456
¡:~~
~ ?C(':~
Dear Mr. Spore:
We are pleased to infonn you that Grant Funds from the Department of Homeland Security, Office of
Domestic Preparedness and administered by the Commonwealth in the amount of $286,830.00 have been
approved for Virginia Beach City. This funding is from the 2003-1 Grant Program and reflects the fact that ODP
has approved your requested equipment per your submission on the "equipment budget worksheet",
We are in the process of having these funds transferred to your Virginia Beach City account via the
Commonwealth's finance system, so please have your finance personnel be on the lookout for the transaction.
Remember that this represents grant funds to purchase the items that your locality listed on the
equipment budget worksheet and you can only spend these funds on what you listed on that worksheet, no
substitutions or changes are allowed. All purchases have to be accounted for via receipts and purchase orders for
program and audit purposes. Please use the enclosed worksheet to record your activity and attach the appropriate
receipts to it upon completion of your purchase(s). You have until March 31", 2005 to complete your
acquisitions.
If we can help you in any way, please contact Julian Gilman at (804) 897-6500, extension 6595. He will
be able to help with any issues that you may have.
Sincerely,
~Z;; P/C~
Michael M. Cline
MMC/JDG: cab
Enclosure
c:
Julian Gilman
"Working to Protect People, Property and Our Communities"
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordinator
Department of Emergency Management
L RALPH JONES, JR.
Deputy Cooldinator
February 13, 2004
10501 Trade Court
Richmond, Virginia 23236-3713
(804) 897-6500
(TOO) 674-2417
FAX (804) 897.6506
JANET L CLEMENTS
Deputy Coordinator
Mr. James K. Spore
City Manager
Virginia Beach City
2401 Courthouse Drive
Virginia Beach, VA 23456
^^n 1
¿,Vi
Dear Mr. Spore:
We are pleased to infonn you that Grant Funds £Tom the Department of Homeland Security, Office of
Domestic Preparedness and administered by the Commonwealth in the amount of $930,300.00 will be
forwarded to Virginia Beach City within the next 10 days. This funding is from the ODP 2003-ß Grant
Program, As a point of important clarification when planning your expenditures remember that you may only
spend a maximum of3% of your total grant award in the Planning/Administrative costs area.
We are in the process of having these funds transferred to Virginia Beach City's account via the
Commonwealth's finance system, so please have your finance personnel be on the lookout for the transaction,
Remember that this represents grant funds to purchase the items that your locality has detennined it
requires to meet the 2003 II Grant program objectives and your loca1ities requirements within these objectives.
Enclosed are required grant activity reports that you are required to fill out and return no later than the
date listed on the report with an approving signature. Please include the paid invoices for funds expended
during this reporting period. You have until June 30, 2005 to complete your acquisitions, If you would like an
electronic copy of these reports please contact Cheryl Adkins at 804/897-6500, extension 6597.
If we can help you in any way, please contact Julian Gilman at (804) 897-6500, extension 6595. He will
be able to help with any issues that you may have.
Sincerely,
~Z;; ff c ~
Michael M. Cline
MMC/JDG cab
Enclosure
c:
Julian Gilman
"Working to Protect People. Property and Our Communities"
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
A Resolution to direct the City Manager to execute the Hampton
Roads Metropolitan Medical Response System Mutual Aid
Agreement and the Hampton Roads Metropolitan Medical Strike
Team Memorandum of Understanding
MEETING DATE: April 27, 2004
.
Background: Virginia Beach is a participant in the Statewide Mutual Aid
Agreement. This Mutual Aid Agreement is activated once the Governor declares
an emergency. The Hampton Roads Metropolitan Medical Response fills the
response needs when a jurisdiction experiences a medical emergency beyond its
individual response capability that does not, however, warrant an emergency
declaration from the Governor's office.
.
Considerations: As an active member of the Hampton Roads Metropolitan
Medical Response System, the City would be able to respond to those local
medical emergencies beyond its individual capabilities that do not warrant the
Governor declaring a State of Emergency.
.
Public Information: This Resolution will be advertised in the same manner as
other council agenda items.
.
Recommendations: Adopt Resolution
.
Attachments:
Resolution
Strike Team Memorandum of Understanding
Response System Mutual Aid Agreement
Organizational Chart
Listing of Material Terms
Recommended Action:
Submitting Department/Agency: EMS/Bruce Edwards
City Manage~ f~ff{
H:\GG\OrdReS\H~ Mutual Aid arf.doc
17
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A RESOLUTION TO DIRECT THE
CITY MANAGER TO EXECUTE THE
HAMPTON ROADS METROPOLITAN
MEDICAL RESPONSE SYSTEM
MUTUAL AID AGREEMENT AND THE
HAMPTON ROADS METROPOLITAN
MEDICAL STRIKE TEAM
MEMORANDUM OF UNDERSTANDING
WHEREAS,
the Code of Virginia § 44-146.20 authorizes
11
poli tical subdivisions to provide emergency aid and assistance
12
in the event of a disaster or emergency.
13
WHEREAS,
the cities of Chesapeake,
Franklin, Hampton,
14
Newport News,
Norfolk,
Virginia
Suffolk,
Poquoson,
Portsmouth,
15
Beach,
Williamsburg
counties
of
and
the
of
Gloucester,
Isle
16
Wight,
City,
Surry,
York and the town of
Southhampton,
James
Smithfield each agree it
is deemed mutually beneficial to the
parties hereto to enter into an agreement concerning mutual aid
19
and cooperation with regard to emergency medical
responses to
suspected
terrorism
man-made
and
natural
and
events,
catastrophes,
that are conceivably beyond the abilities and/or
resources of
affected party;
and desire to augment their
the
emergency medical response resources in times of mass casualty,
disaster or terrorism events; and
WHEREAS,
this
request,
Resolution
authorizes
the
provision,
receipt
in
interjurisdictional
of
mutual
aid
and
accordance with Title 44,
Chapter 3.2 of the Code of Virginia
28
29
among political
subdivisions,
other
authorized
entities,
and
officers within the Commonwealth;
30
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
31
CITY OF VIRGINIA BEACH, VIRGINIA:
32
That
the
City
is
directed
the
to
execute
Manager
33
Hampton Roads Metropolitan Medical Response System Mutual Aid
34
Agreement
and
the
Hampton
Roads
Metropolitan
Strike
Team
35
Memorandum of Understanding.
36
Adopted by the Council of the City of Virginia Beach,
37
Virginia, on the
day of
, 2004.
CA-8874
H:\GG\OrdRes\HRMMRS Mutual Aidres.doc
R-2
March 17, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~LütD ¿QÜ2L~~
Emergency Medical Services
~~e- ~
2
Hampton Roads Metropolitan Medical Response System
855 West Brambleton Avenue, Suite 233
Norfolk, VA 23510-1001
November 5, 2003
Hampton Roads City and County Managers
Dear Chief Administrative Officer:
In March we asked for your assistance to help the Hampton Roads Metropolitan Medical
Response System (HRMMRS) become operational by signing two documents: a response
agreement and a mutual aid agreement. Seven of the fifteen jurisdictions signed these
agreements, but several of the remaining jurisdictions were not comfortable with the
indemnification and hold harmless language. Others requested additional changes and wanted to
see the documents cross-referenced. Kathy Rountree from the Virginia Beach City Attorney's
Office accepted the challenge of addressing these concerns and drafting revised documents. The
HRMMRS Strike Team Operations Committee and Oversight Committee have reviewed these
revised agreements and believe all of the concerns have been addressed. The two new
documents are enclosed for your review and signature.
The Hampton Roads Metropolitan Medical Strike Team (HRMMST) Response
Memorandum of Understanding is needed to sponsor your personnel as HRMMST members to
serve in leadership and responder roles. Sponsorship constitutes (1) liability, medical and
worker's compensation coverage while on assignment, (2) temporary duty assignment time for
required training and exercises, and (3) service in a shared and rotating on-call duty status. When
serving in this on-call status, the sponsored personnel may be activated for emergency response
anywhere within the Hampton Roads region. While on call, your sponsored personnel will be in
position to attend to their regular local duties in your agency but must be allowed to respond if
activated. All Hampton Roads jurisdictions, hospitals, public health departments, as well as
several private medical groups and organizations, are being asked to sponsor personnel for this
operational response team. Over 200 individuals will be required to staff the HRMMST. An
organization chart is enclosed for your reference. All HRMMST members will receive the
appropriate personal protective equipment, communication equipment and training to fulfill their
responsibilities. As personnel are identified within your organization, they are being asked to
discuss sponsorship with their supervisors. When the HRMMST is fully staffed, we will forward
a matrix identifying all members and their roles for your reference.
The Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement will
authorize the use of personnel and equipment for emergency response among all sixteen
Hampton Roads jurisdictions, upon request ofthe incident commander. This will ensure that the
assets of all jurisdictions, including MMRS assets, will be immediately available to the affected
jurisdiction (s) when the response is beyond the abilities and/or resources of the jurisdiction(s).
Chief Administrative Office Letter
RE: Strike Team Response Agreement and Mutual Aid Agreement
March 6, 2003
Page 2
If you need additional information regarding the HRMMST or the roles of your
personnel within it, please contact Bill Ginnow at (757) 446-5179 or us at the numbers below.
Please return your signed agreements to:
Bill Ginnow
Program Manager
Hampton Roads Metropolitan Medical Response System
C/o Tidewater Emergency Medical Services Council, Inc.
855 W. Brambleton Ave., Suite 233
Norfolk, VA 23510-1001
Kathy Rountree recommends the all jurisdictions sign the new agreements, even if the previous
agreement we signed. Thank you for your continued support.
Sincerely,
James Chandler
Executive Director, TEMS Council Inc.
Chair, HRMMRS Oversight Committee
(757) 446-5179
Don Wilson
Executive Director, PEMS Council, Inc.
Vice Chair, HRMMRS Oversight Committee
(804) 693-6234
Enclosures
Hampton Roads Metropolitan Medical Response System
Metropolitan Medical Strike Team Response Memorandum of Understanding
This Memorandum of Understanding will address the sponsorship, response, staffing, and
training requirements for civilian agencies supporting Hampton Roads Metropolitan Medical Strike
Team (HRMMST) members and for localities supporting HRMMST members under the provisions
of the Hampton Roads Metropolitan Medical Response System Mutual Aid Agreement.
1. A HRMMST member requested to respond to a Hampton Roads Metropolitan
Medical Response System ("HRMMRS") activation, or participate in training and regional exercises,
will be provided coverage under the individual member's sponsoring jurisdiction's or agency's
liability and compensation policies and plans, including, but not limited to, health, liability, and
worker's compensation benefits. To the extent authorized bylaw, each participating jurisdiction and
agency will provide for the payment of compensation and death benefits to its injured members of
the responding HRMMST if such member(s) sustain injuries or are killed while rendering aid
pursuant to this Memorandum of Understanding, in the same manner and on the same terms as if the
injury or death were sustained within the member's own jurisdiction or agency.
2. HRMMST members responding to an incident will report to the areas designated
when notification of an incident is received. Use of sponsoring jurisdiction or agency official
vehicles is preferred.
3. HRMMST members will respond to the incident with personal protective equipment
and clothing and/or other equipment issued to them by the HRMMRS and/or the sponsoring
jurisdiction or agency.
4. HRMMST members will be made available to meet the initial and annual continuing
education and training requirements of the HRMMRS. Members will be made available both on and
off duty to assure compliance with the training requirements, unless to do so would cause an undue
hardship on the affected locality.
5. HRMMST members will be available to respond to a HRMMRS activation inside or
outside of their jurisdiction!work location, both on and off duty, unless to do so would cause an
undue hardship on the affected locality. HRMMST members will respond at no cost to the
affected/requesting locality provided they are responding to a properly executed HRMMRS incident
and are part of the Strike Team on call. If the incident is declared a "Disaster" by the Governor of
Virginia and/or President of the United States, each jurisdiction and agency may be able to seek
reimbursement as outlined by FEMA federally declared disaster requirements.
6. This Memorandum of Understanding may be modified with the approval of the
agency directors and the managers of the various localities.
7. This Memorandum of Understanding may be terminated by providing written notice
thirty (30) days prior to termination to the Hampton Roads MMRS Oversight Committee, c/o
Tidewater Emergency Medical Services Council, Inc., 855 West Brambleton Avenue, Norfolk,
Virginia 23510-1001.
Jurisdiction! Agency Name (Sponsoring Jurisdiction! Agency)
Authorized Signature
Title
Date Signed
BSHAREDIMMRS\Strike Team\Strike Team AgreementsIHR-MMST Response MOU 092303
lofl
Hampton Roads Metropolitan Medical Response System
Mutual Aid Agreement
This AGREEMENT entered into on the - day of , 2003, by and
between the member jurisdictions of the Hampton Roads Metropolitan Medical Response System
("HRMMRS"), being the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk,
Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg; the counties of Gloucester, Isle of
Wight, James City, Southampton, Sorry, York; and the town of Smithfield, each duly and lawfully
represented by the contracting officer executing this instrument:
RECITAL
Whereas, each of the parties hereto support the Hampton Roads Metropolitan Medical Strike
Team; and
Whereas, each of the parties hereto maintains equipment and personnel for emergency
response within its own jurisdiction; and
Whereas, it is deemed mutually beneficial to the parties hereto to enter into an agreement
concerning mutual aid and cooperation with regard to emergency medical responses to suspected
terrorism events, and natural and man-made catastrophes, that are conceivably beyond the abilities
and/or resources of the affected party; and
Whereas, the parties hereto desire to augment their emergency medical response resources in
times of mass casualty, disaster or terrorism events; and
Whereas, the parties hereto desire that the terms and conditions of this HRMMRS Mutual
Aid Agreement be established:
Therefore, the parties hereto mutually agree as follows:
AGREEMENT
1. In the event of a medical emergency in a party' s jurisdiction that may necessitate the
need of a mutual aid response, it shall be the duty of the requesting jurisdiction's incident
commander to assure that the request for the mutual aid response is communicated per the requesting
jurisdiction's policy.
2. In the event a request for a mutual aid response is properly made by the requesting
jurisdiction, the responding equipment and personnel will be under the control of their own
supervisor(s), the senior supervisor reporting to and taking directions from the requesting party's
incident commander.
3. The incident commander of the requesting jurisdiction shall assume full command of
the operations, but ìfthat incident commander specifically requests the senior officer of the mutual
aid response to assume command, that requesting party's incident commander shall not, by
relinquishing command, be relieved ofhiSiher responsibility for the operation.
4. The requesting party shall be responsible for designating a radio communications
system for use by all emergency personnel. Should radio systems be incompatible, the incident
commander and the senior officer of the mutual aid response shall coordinate communications.
5. The services performed and expenditures made under this Agreement shall be deemed
to be for public and governmental purposes and all immunities from liability enjoyed by the local
government within its boundaries shall extend to its participation in rendering assistance outside its
lof2
boundaries. It is understood that for the purposes of this Agreement, the mutual aid response is
rendering aid once it departs its own jurisdictional boundaries.
6. All pension, disability, worker's compensation, life and health insurance and other
benefits enjoyed by personnel participating in the mutual aid response shall extend to the services
they perform under this Agreement whether inside or outside of their respective jurisdictions. Each
party agrees that provisions of these benefits shall remain the responsibility of the participating
personnel's jurisdiction.
7. Each party hereto agrees to waive any and all claims against all other parties hereto
which may arise out of their participation in HRMMRS activities inside or outside of their respective
jurisdictions.
8. The parties participating in this Agreement shall not be liable to each other for
reimbursement for injuries to personnel or damage to equipment incurred when going to or returning
from another jurisdiction. No party shall be liable to any other party for any other costs associated
with, or arising out of, the rendering of assistance by a mutual aid response pursuant to this
Agreement; except, however, the responding jurisdiction may request reimbursement to replenish
equipment and supplies. However, should the incident be declared a disaster by the President of the
United States and/or Governor of Virginia, it shall be incumbent upon the requesting jurisdiction to
coordinate with the mutual aid team(s) the calculation of actual costs incurred for use ofpersonnel
and equipment. The requesting party shall also, upon receipt of reimbursement funds, coordinate
with the mutual aid team(s) the disbursement of those funds related to personnel and equipment
provided by the mutual aid team(s).
9. Nothing contained in this Agreement should in any marmer be construed to require
any of the parties to respond to a request for services when the service personnel of the jurisdiction to
whom the request is made are, in the opinion of the requested jurisdiction, needed or are being used
within the boundaries of that jurisdiction, nor shall any such request require the requested
jurisdiction to continue to provide services to another jurisdiction when its service personnel,
vehicles or equipment are, in the requested jurisdictionls opinion, needed for other duties within its
own boundaries.
10. Nothing in this Agreement is intended to, nor shall it be interpreted to override,
supercede, nullify or in any way change any mutual aid agreement or understanding currently
enjoyed by any party, jointly or severely.
11. Any of the parties hereto may withdraw from this Agreement by giving thirty (30)
days written notice to that effect to each of the other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized officers, with their respective official seals affixed hereto and
attested by their respective city, county or town clerk, and indicated thereafter the ordinance or
resolution authorizing the execution.
ATTEST:
City/County of
By
By:
City/County Clerk
City Manager/County or Town Administrator
Resolution/Ordinance No. -
Adopted on
J:ISHAREDIMMRSlSbikeTeamlStrike Team AgreementsIHR-MMRS Mutual Aid Agreement JO1503.doc
2 of2
Plana
Section Chief
1(355 & 3 Pen)
Technlcallnformotlon
Specialists
2 (6 SS/Pen)
Hampton Roads Metropolitan Medical Strike Team
52 Member Team/204 Member Call Group
Local, Slote, Federollnoldent Manogemenl System
Unlflod eonwnond
Locall_nt eonwnonder
PublIc Heallh Opa
Group Supervisor
1 (35S & 3 Pen)
PublIc Heallh Opa
Spoolo«sts
2 (6 SSiPen)
Epidemiology
SpecIalIsts
1 (3 5S1Pen)
low Enforcement Ope
Group Supervisor
1(3 S5 & 3 Pen)
Low Enforoomenl Ope
Speclallsts
3 (9 SSlPen)
_pIIolOpa
SpecIalIsts
3 (9 SSIPen)
Modlcol Examiner
SpecIalIsts
1 (3 SSlPen)
. Strike Team & Regional Hoz Mat Teams will O<HIoploy & Integrate _rations
( ) Numbor & location of Strike Team pensonnel on Southalde andlor Penlnauloln can group
09/25/03
VDEM Hoz Mot OIIk:or *
Hoz Mat Speclallats *
EMS/Medical Opa
Group Supervisor
1 (3 SS & 3 Pen)
EMS/Mod Ope Unll 1
Leader 1 (3 SSlPen)
Speclallsts 5 (15 SSlPen)
EMSlMed Ope Unll 2
loader 1 (3 SSlPen)
Specla«sts 5 (15 SSlPen)
EMS/Mod Opa Unll 3
Leader 1 (3 SSiPen)
SpecIalIsts 5 (15 SSlPen)
EMS/Mad Opa Unll 4
Leader 1 (3 SSlPsn)
SpecIalIsts 5 (15 SSlPen)
LogIsUc:a
Seollon Chief
1 (3 SS & 3 Pen)
Supply
Speclallsts
3(9SS&9Pen)
SUMMARY OF TERMS
1.
Hampton Roads Metropolitan Medical Response Svstem Mutual Aid Agreement - An
agreement between seventeen (17) member political subdivisions in which the
appropriate assisting parties agree to provide specified resources during a medical
emergency to the requesting party under the terms and conditions specified in the
agreement.
2.
Hampton Roads Metropolitan Medical Strike Team - An identified group of first
responders sponsored by their employer. Sponsorship includes: (1) liability, medical and
worker's compensation coverage while on assignment; (2) temporary duty assignment
time for required training and exercises; and, (3) service in a shared and rotating on-call
duty status.
3.
Requesting Partv - The member political subdivision requesting aid in the event of a
medical emergency or disaster and participating the Hampton Roads Metropolitan
Medical Response Mutual Aid Agreement pursuant to the terms and conditions of that
agreement.
4.
Assisting Partv - The member political subdivision furnishing equipment, services and/or
manpower to the requesting party, and participating in the Hampton Roads Metropolitan
Medical Response Mutual Aid Agreement pursuant to the terms and conditions of that
agreement.
5.
Member Political Subdivisions - Chesapeake, Franklin, Hampton, Newport News,
Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg and the counties
of Gloucester, Isle of Wight, James City, Southhampton, Surry, York and the town of
Smithfield.
6.
Nature - Allows the City of Virginia Beach to participate in the HRMMR Mutual Aid
Agreement as either a requesting party or an assisting party. In the event of a medical
emergency, the City Manager or his designee would be able to request assistance from
any of the participating subdivisions, who could in turn respond immediately as
authorized by the Mutual Aid Agreement.
7.
Term - Indefinite. However, no member political subdivision shall be required to
provide mutual aid unless it determines that it has sufficient resources to do so.
Withdrawing the City's participation in the HRMMR Mutual Aid Agreement is
accomplished by providing written notice.
8.
Insurance - Insurance requirements are met through the City of Virginia Beach's se1f-
insurance program administered by Risk Management.
H:\Policy and Administration\GENERAL GOVERNMENT DIVISION - Team A\Ordinances & Resolutions Prepared for
CouncilIHRMMR.sUMMARY OF TERMS.doc
1.
PLANNING
1. Application of BAY BREEZE CONDOMINIUMS for discontinuance. closure and
abandonment of a portion of Summerville Court at Carver A venue re development of
condominiums. (BEACH - DISTRICT 6)
RECOMMENDATION:
APPROVAL
2. Petition of RONALD C. and DONNA G. RIPLEY for a Variance to § 4.4(b) that requires all
newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at4101 White
Acres Road. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
3. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit to construct
a three-story student dormitory and row-house residences at 5817 Wesleyan Drive. (DISTRICT
2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application of JEFFREY K. FRANCES, INC. for a Conditional Use Permit re an off-site
parking lot for a proposed restaurant at 2149 Vista Circle. (Deferred March 23, 2004)
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
5. Applications ofOBFP, INC. (Ocean Breeze Fun Park) at 700 South Birdneck Road. (DISTRICT
6- BEACH)
a. MODIFICATION of a Conditional Use Permit approved June 23, 1986, re Aqua
Sports, Inc. to remove the amusement park from subject site land area.
RECOMMENDATION:
APPROVAL
b. Chanf!:e ofZoninf!: from A-12 Apartment District and R-I0 Residential District to
Conditional L-l Light Industrial District re light industrial office-warehouse park.
RECOMMENDATION:
APPROVAL
"rAË-mtöN"
'ffiftroAY; AF'Ftlt ~: 2004 "
NOTICE OF PUBlIC HEARING
Virginia Beach City Council Will meet in 1I1e Chamber at City Hall,
Municipal Center, 2401 Courthouse DriVe, Tuesday, April 27, 2004, at
6:00 p.m. The following applications will be heard:
DIStRICT 4- BAYSIDE
1.
Appeal to Decisions of Administrative Officers in regard to certain ele-
ments of the Subdivision Ordinance, SubdiVision for Ronald C. and
Donna J. Ripley at 4101 White Acres Road.
DISTRICT G . BEACH
2. -
Bay Breeze Condominiums. Inc. Application: Discontinuance, closure
and abandonment of a portion of SummelVille Court.
3.
0 B F P, Inc. Application: Charn!e of Zonin~ District ClassifICation from
A-12 Apartment and R.l0 Residential to Cond~lonal ~1 Light Industrial
at 700 South Birdneck Road. The Comprehensive Plan identifies this
s~e as being within the Primary Residential Area.
4.
0 B F P, inc. for a ModifIcation of a Cond~iona Usé Pennit appr"""d
by City Council on June 23, 1986 (Aqua Sports, Inc.) at 700 South
Birdneck Road
DIStRICT 2. KEMPSVIlLE
5.
Virginia Wesleyan College Application: COnditional Use Permit for a
student dormitory at 5817 Wesleyan Drive.
All interested citizens are inv~ed to attend.
f)-=~ / ¿¡ -
Ruth Hodges Smith, MMC
City Clerk
8EACON: APRIL 4.2004 and APRIL 11, 2004
11295864
SUNDAY, APRIL 11, 2004
NonCE OF PUBUC HEARING
Virginia Beach City Council will meet In the Chamber at City Hall,
Mùt1iclpal Center, 2401 Courthouse DriVe, Tuesday, April 27, 2004, at
6:00 p,m. The following applications will be heard:
DISTRICT 4. BAYSIDE
1.
Appeal to Decisions of Administrative Officers in regard to certain ele-
ments. ofthe Subdivision Ordinance, Subdivision for Ronald C. and
Donna J. Ripley at 4101 Wh~e Acre~ Road.
DISTRICT6. BEACH
2.
Bay Bre\>ze Condominiums, Inc. Application: Discontinuance, closUle
and abandonment of a portion of SummelVilie Court.
3. -
a B F p, Inc. Application: Chan~e of Zonin~ District Classification from
A-12 Apartment and R-l0 Residential to Conditional 1-1 Light Industrial
at 700 South Blrdneck Road. The Comprehensive Plan identifies this
~ite as being within the Primary Residential Area.
0 B F P, Inc. for a Modification of a COnditional Use Permit approved
by City Council on June 23, 1986 (Aqua Sports. Inc.) at 700 South
Birdneck Road
DISTRICT 2 - KEMPSVIlLE
5.
Virginia Wesleyan College Application: Conditional Use Permit for a
student dormitOlY at 5817 Wesleyan Drive.
All interested c~izens are invited to attend.
f)~ ¿¡ -
Ruth Hodges Smith, MMC
City Clerk
BEACON: APRIL 4, 2004 and APRIL 11, 2004
11295864
B-2
005
irginia Beaek.. Bf<,J.
Street Closure
I# DATE IREQUEST
1 11/28/88 Zoning Change (A12 to B2)
1 11/28/88 Use Permit (Carwash)
2 04/09/91 Non Conforming Use
3 07/07/92 Expansion of a Non Conforming Use
4 01/11/94 Zoning Change (A-12 to R-20)
5 06/28/94 Conditional Use Permit (Group Home)
6 05/23/95 Zoning Change (A-12 to R-5S)
7 02/10/98 Zoning Change (A-12 to R-5S)
I ACTION
Withdrawn
Withdrawn
Granted
Granted
Granted
Withdrawn
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Bay Breeze Condominiums, Inc. - Street Closure (portion of Summerville
Court)
MEETING DATE: April 27, 2004
.
Background:
An Ordinance upon Application of Bay Breeze Condominiums, Inc. for the
discontinuance, closure and abandonment of a portion of Summerville Court beginning
at a point 270 feet north of its intersection with Carver Avenue and running 26.99 feet in
a northerly direction. DISTRICT 6 - BEACH
.
Considerations:
The applicant is requesting to close 600 square feet of Summerville Court to be
incorporated into the adjacent Lots 7 and 9 and Parcel 1. These parcels are currently
under development for a residential condominium project.
The Staff's evaluation of this request has determined that the City has no future need
for this portion of right-of-way. Also, the propdsed residential use is in conformance
with the Comprehensive Plan.
The Planning Commission placed this item on the consent agenda because there is no
future need for this portion of right-of-way. The Viewers Committee and staff
recommend approval. There was no opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to approve this
request, with the following conditions:
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The applicant shall dedicate certain right-of-way to the City
for a turn space at the new terminus of Summerville Court. The net area of right-
of-way being closed and vacated by the City, in excess of the area of right-ot-way
being dedicated to the City by the applicant, will be purchased from the City. The
purchase price to be paid to the City shall be determined according to the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning
Department.
2. The applicant is required to construct a turn space at the new terminus of
Summerville Court at no cost to the City of Virginia Beach. A construction plan for
the turn space must be approved and bonded through the Development Services
Center of the Planning Department prior to recordation of the street closure plat.
The construction plan shall include a row of evergreen shrubs (3 to 4 feet in
height) to be planted along the northern and western edge of the turn space to
provide a screen for the proposed condominiums.
3. The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
4. The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility companies
indicate that there are private utilities within the right-of-way proposed for closure
and an easement satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-af-way this approval shall be
considered null and void.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department_jWh--
CItyMaMg,~ L Ò(j ""'-
LO6-217 -STC-2004
BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
March 10, 2004 Public Hearing
Staff Planner: Karen Prochilo
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
COUNCIL
ELECTION
DISTRICT:
SIZE:
Street closure of a portion of Summerville Court.
Property
located on a
portion of
Summerville
Court
beginning at
a point 270
feet north of
its
intersection
with Carver
Avenue.
B-2
-"-"
--"" '-
..r~
DISTRICT 6 - BEACH
600 square feet
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 1
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
West:
. Condominiums under construction / A-12
Apartment District
. Summerville Court
. Condominiums under construction / A-12
Apartment District
. Condominiums under construction / A-12
Apartment District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant features on this site.
AICUZ:
The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Oceana.
Summary of Proposal
The applicant is requesting to close 600 square feet of Summerville Court to be
incorporated into the adjacent Lots 7 and 9 and Parcel 1. These parcels are currently
under development for a residential condominium project.
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Current and/or future need for this right-of-way for vehicular and public
infrastructure.
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 2
. Consistency of the proposed development for the property with the
recommendations of the Comprehensive Plan
The Comprehensive Plan designates this area as part of the Primary Residential Area.
y'
_'TT'y"'~4..h'
',:'
Staff Evaluation
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses the 'Major Issue' above. The proposal's strengths in addressing
the 'Major Issue' are
(1) The City has no future need for this portion of right-of-way.
(2) The proposed residential use is in conformance with the Comprehensive Plan.
The Viewers Committee and staff, therefore, recommend approval of this request
subject to the following conditions.
Conditions
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The applicant shall dedicate certain right-of-way to the City
for a turn space at the new terminus of Summerville Court. The net area of right-
of-way being closed and vacated by the City, in excess of the area of right-of-way
being dedicated to the City by the applicant, will be purchased from the City. The
purchase price to be paid to the City shall be determined according to the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning
Department.
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 3
2. The applicant is required to construct a turn space at the new terminus of
Summerville Court at no cost to the City of Virginia Beach. A construction plan for
the turn space must be approved and bonded through the Development Services
Center of the Planning Department prior to recordation of the street closure plat.
The construction plan shall include a row of evergreen shrubs (3 to 4 feet in
height) to be planted along the northern and western edge of the turn space to
provide a screen for the proposed condominiums.
3. The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
4. The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility companies
indicate that there are private utilities within the right-of-way proposed for closure
and an easement satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If the concjitions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way this approval shall be
considered null and void.
NOTE:
Further conditions may be required during the
administration of applicable Ci Ordinances.
BAY BREEZE CONDOMINIUMS. INC.
Agenda Item # 1
Page 4
Zonina History
B-2
005
Street Closure
I ACTION
Withdrawn
Withdrawn
Granted
Granted
Granted
Withdrawn
Granted
Granted
I#IDATE ¡REQUEST
1 11/28/88 Zoning Change (A12 to B2)
1 11/28/88 Use Permit (Carwash)
2 04/09/91 Non Conforming Use
3 07/07/92 Expansion of a Non Conforming Use
4 01/11/94 Zoning Change (A-12 to R-20)
5 06/28/94 Conditional Use Permit (Group Home)
6 OS/23/95 Zoning Change (A-12 to R-5S)
7 02/10/98 Zoning Change (A-12 to R-5S)
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 5
Public AQencv Comments
Public Works
There are no Public Works structures in the area of the proposed street closure.
Public Utilities
Water and
Sewer:
A 4 inch water main (with blow valve) and an 8 inch sanitary sewer
(with manhole) are located in close proximity to the proposed street
closure. A twenty-foot wide public utility easement may be required
for the City maintenance and operation. No encroachments will be
permitted within the utility easement.
Private Utility Comments
Virginia Natural Gas has no objections to the proposed closure for the portion of
Summerville Court.
The closure of a portion of Summerville Court does not affect Hampton Roads
Sanitation District.
Virginia Power indicates that there are facilities within the right-of-way of Summerville
Court that must be accessed to maintain.
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 6
Exhibit A
Aerial of Site
Location
BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 7
~ CROS5HA rCHW ARtA RE:p,r/:SmTS "PEA
V / OF SUMMÐ?i1U,£ cwer TO EE ".wSED 8"
V / Tl-E ,¡eæ'¡tA BEACH CiTY COUNC:L
, AREMéf!O SF OR 0,019 ACRE
CARVER A VENUE
(~ORME:RL Y UNNAMED smF-Oj
(30' R/W)
(M.E, 18, PO 39)
Exhibit B
Survey of Area to
be Closed
SHADED AREA REPP£SE/i!S ARE' "r. BE
OEOtCATrD TO Tl-!E CiTY 0,<- v,pew,"
BEACH, "RGiNiA R/k
AREA~39B SF O,iJO9
EXHIBIT A'
hA T SHOWlNC;'
POR TlON OF
SUMMERVILLE COURT
TO BE CLOSED BY THE
VIRGINIA BEACH CITY
COUNCIL
"HelMA BEACH, "RGIN/A
BLOCK'
¡VB 18, FC, 39;
,or GFIN
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PROPOSED R/W LINE
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POP7'.ON OF SiJMMERv,LLF. COURT-/ S 74"49'51"
TO EE CLOSED BY THE 'II,eGINIA BEACH
CITY COUNCIL
PC
ROOD & SMITH P.C
LAND SURVEYORS
5737 BAR'fEE STREET
NORFOLK. VA 23502
SUE
TEL: 757.466.1111 DATe
FAX: 757,466.9384 RE'
56,9758
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BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 8
Exhibit E
Disclosure
Statement
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BAY BREEZE CONDOMINIUMS, INC.
Agenda Item # 1
Page 9
Item #1
Bay Breeze Condominiums, Inc.
Discontinuance, closure and abandonment of a portion of
Summerville Court
District 6
Beach
March 10, 2004
CONSENT
Dorothy Wood: Our next order of business as Mr. Crabtree mentioned to us will be our
consent agenda. Our Vice Chair is handling that for us.
William Din: Thank you Dot. Today we have two items that we have included on our
consent agenda today. As I call your item, will the applicant or representative please
come up, state your name, your relationship to the application and if there are conditions
associated with it, if you agree with those conditions. The first item that I have is Bay
Breeze Condominiums, Inc. This is a discontinuance, closure and abandonment of a
portion of Summerville Court beginning at a point 250 north of the intersection with
Carver A venue running approximately 46.99 feet in a northerly direction.
/
Jeff Maynard: Good afternoon Mr. Din, Madame Chairwoman. My name is Jeff
Maynard. I'm the attorney for the applicant. My business address is 222 Central Park
A venue, Suite 2000. As I mentioned, I represent the applicant and will stand by him.
William Din: There are five conditions with this.
Jeff Maynard: Yes. Those are acceptable.
William Din: To explain why we have placed this on a consent agenda, Mr. Ripley
would you please?
Ronald Ripley: Yes. The Planning Commission looked this item over and it's a small
portion of the north end of Summerville Court that the applicant's requesting a closure.
He's tying this in to a development that he's doing on Americus Avenue. It's a small
condominium community that's going in there. The applicant owns the property on
either side. He either owns or has it under contract so this would fit in nicely. He's also
agreed to expand the remaining portion of the end ofthis road so a cul-de-sac or a turning
lane area would be appropriate for the people using that street. The Planning staff
recommends this approval. The viewers have looked at it and they recommended
approval. There is no need for it. The Planning Commission felt that it ought to be on
consent.
William Din: 1 apologize. 1 probably should have asked ifthere were any opposition to
putting this on the consent agenda prior to that explanation. Is there any opposition?
Item #1
Bay Breeze Condominiums, Inc.
Page 2
Thank you. Ms. Wood, I'd like to make a motion to approve Item #1 Bay Breeze
Condominiums, Inc.
Dorothy Wood: Thank you. Do I hear a second?
Robert Miller: Second.
Dorothy Wood: With the motion by Mr. Din, seconded by Mr. Miller we have approved
the consent item. The voting is open.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, this item has been approved for consent.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS A PORTION OF SUMMERVILLE
COURT AS SHOWN ON THAT CERTAIN PLAT
ENTITLED "EXHIBIT 'A' PLAT SHOWING PORTION
OF SUMMERVILLE COURT TO BE CLOSED BY THE
VIRGINIA BEACH CITY COUNCIL VIRGINIA
BEACH, VIRGINIA"
18
WHEREAS, Bay Breeze Condominiums, Inc. applied to the Council of the City
19
of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
20
vacated; and
21
WHEREAS, it is the judgment of the Council that said street be discontinued,
22
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
23
City Council's adoption of this Ordinance;
24
25
26
27
28
29
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
SECTION I
30
That the hereinafter described street be discontinued, closed and vacated, subject
31
to certain conditions being met on or before one (1) year from City Council's adoption of this
32
33
34
35
36
37
ordinance:
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
GPIN: 2417-56-3442,2417-56-2566,2417-56-1434, and 2417-56-1520
1
37
38
39
40
41
42
43
44
45
46
47
48
"AREA OF SUMMERVILLE COURT TO BE CLOSED BY THE
VIRGINIA BEACH CITY COUNCIL, AREA = 810 S. F. OR
0.019 ACRE" shown as the cross-hatched area on that certain plat
entitled: "EXHffiIT 'A' PLAT SHOWING PORTION OF
SUMMERVILLE COURT TO BE CLOSED BY THE VIRGINIA
BEACH CITY COUNCIL, VIRGINIA BEACH, VIRGINIA"
Scale: 1"=20', dated 10/14/03, prepared by Rood & Smith, P.c., a
copy of which is attached hereto as Exhibit A.
SECTION II
49
The following conditions must be met on or before one (1) year from City
50
Council's adoption of this ordinance:
51
1.
The City Attorney's Office will make the final determination regarding
52
ownership of the underlying fee. The applicant shall dedicate certain right-of-way to the City for
53
a turn space at the new terminus of Summerville Court as shown on the aforesaid plat. The net
54
area of right-of-way being closed and vacated by the City, in excess of the area of right-of-way
55
being dedicated to the City by the applicant, will be purchased from the City. The purchase price
56
to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's
57
Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy
58
are available in the Planning Department.
59
2.
The applicant is required to construct a turn space at the new terminus of
60
Summerville Court at no cost to the City of Virginia Beach. A construction plan for the turn
61
space must be approved and bonded through the Development Services Center of the Planning
62
Department prior to recordation of the street closure plat. The construction plan shall include a
63
row of evergreen shrubs (3 to 4 feet in height) to be planted along the northern and western edge
64
of the turn space to provide a screen for the proposed condominiums.
2
65
3. The applicant shall resubdivide the property and vacate internal lot lines to
66
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
67
and approved for recordation prior to final street closure approval.
68
4. The applicant shall verify that no private utilities exist within the right-of-way
69
proposed for closure. Preliminary comments from the utility companies indicate that there are
70
no private utilities within the right-of-way proposed for closure. If private utilities do exist, the
71
applicant shall provide easements satisfactory to the utility companies.
72
5. Closure of the right-of-way shall be contingent upon compliance with the
73
above stated conditions within one year of approval by City Council. If all conditions noted
74
above are not in compliance and the final plat is not approved within one year of the City
75
76
77
78
Council vote to close the street, this approval will be considered null and void.
SECTION III
79
1.
If the preceding conditions are not fulfilled on or before April 26, 2005,
80
this Ordinance will be deemed null and void without further action by the City Council.
81
2.
If all conditions are met on or before April 26, 2005, the date of finaJ
82
closure is the date the street closure ordinance is recorded by the City Attorney.
83
3.
In the event the City of Virginia Beach has any interest in the underlying
84
fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
85
may be requested to convey such interest, provided said documents are approved by the City
86
Attorney's Office.
87
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
III
112
113
114
115
87
SECTION IV
88
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
89
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
90
VIRGINIA BEACH as "Grantor" and Bay Breeze Condominiums, Inc. as "Grantee."
91
Adopted by the Council of the City of Virginia Beach, Virginia, on this - day
of
,2004.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA9074
March 22, 2004
',ID",\AT\'\Fot="S<=< Co"reIWORKlNG",9074.0,d.do<
APPROVED AS TO CONTENT:
m ::s '~,?~¥
P¡afiíí?'ng Department
APPROVED AS TO LEGAL
SUFFICIENCY: . ,9
{V ð-9---.7J ~
City Attomey
4
CAR IÆ"R A IÆ"NUE
(FORMERL Y UNNAMED STREET)
(30' R~
(M.B. IB, PG. 39)
NOTE
THIS PLA T WAS PREPARED
WITHOUT THE BENEFIT OF A
71TLE REPORT AND MA Y NOT
SHOW ANY/ALL EASEMENTS
OR RESTRIC710NS THA T MA Y
AFFECT SAID PROPERTY AS
SHOWN.
EXHIBIT :4'
PLA T SHOWING
PORTION OF
SUMMERVILLE COURT
TO BE CLOSED BY THE
VIRGINIA BEACH CITY
COUNCIL
VIRGINIA BEACH, VIRGINIA
BLOCK 1
(M.B. 18, PC. 39)
LOT 8
PT. GPIN: 2417-56-3442
~ CROSSHATCHED AREA REPRESENTS AREA
OF SUMMERVlLL£ COURT TO BE CLOSED BY
THE VIRGINIA BEACH CITY COUNCIL
AREA=BI0 s.F. OR 0.019 ACRE
SHADED AREA REPRESENTS AREA TO BE
DEDICA TED TO THE CITY OF VIRGINIA
BEACH. VIRGINIA FOR R/W PURPOSES
AREA=39B s.F. OR 0.009 ACRE
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BLOCK 2
(M.B. 18, PC. 39)
LOT 8
GPIN: 2417-56-1434
!I:
- - - - - - - - - - - - - -- - - - - - --
PROPOSED R/W LINE
>t
AREA TO BE
DEDICA TED
TO THE CITY
OF VIRGINIA
BEACH. VA.
FOR R/W
PROPOSED
R/W LINE
N 74"49'51" W
LOT 7
PT. GPIN: 2417-56-3442
-------------------
PORllON OF SUMMERVlLL£ COURT
TO BE CLOSED BY THE VIRGINIA BEACH
CITY COUNCIL
PARCEL 1
(MB. 202, PC. 47)
GPIN: 2477-56-2566
REVISED: 02/27/04
REVISED: 02/26/04
SCALE
40
,
GRAPHIC
10 20
I '
ROOD & SMITH P.c
LAND SURVEYORS
60
I
5737 BARTEE STREET
NORFOLK,VA 23502
SCALE:
TEL: 757.466.1111 DATE:
FAX: 757.466.9384 REF:
56,9758
1"=20' DRAWN BY: W.W.L.
10 14 03 10-09-03 56975.RAW
M.B. 18 PG. 39
EXHIBIT "A"
I REQUEST
Subdivision Variance
Subdivision Variance
Change of Zoning (R-40 Residential District to R-
30 Residential District)
Subdivision Variance
I ACTION
Granted
Granted
Granted
I # I DATE
1 04-08-03
2 08-22-95
3 07-03-89
4 05-08-89
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ronald C. and Donna J. Ripley - Subdivision Variance
MEETING DATE: April 27, 2004
.
Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Ronald C. and Donna J. Ripley. Property
is located at 4101 White Acres Road (GPIN 14789829780000). DISTRICT 4-
BAYSIDE
.
Considerations:
It is the intent of the applicant to subdivide an additional lot out of the 10.27 acre
lot. As a result of the subdivision request, the Parcel 2-1 will not have any
frontage along a right-of-way, necessitating a subdivision variance prior to its
recordation. In addition, the newly formed lot (Parcel 2-2), although possessing
frontage along a right-of-way, will not meet the minimum requirement of 125 feet
of frontage; therefore, this lot will also require a variance prior to its recordation
This request has been reviewed by the Chesapeake Bay Preservation Area
Board and a variance was granted for encroachment into the Resource
Protection Area on September 22, 2003.
The proposed two-lot subdivision far exceeds the conventional residential lot
sizes found in this area, including several other lots of unusual depth. This
subdivision is also consistent with several other unusually configured lots that
have occurred in the surrounding area as a result of unusual environmental
conditions and natural features and previous subdivisions platted around them.
Staff concludes that this variance request meets the hardship criteria afforded
lots of unusual depth and configuration.
Staff recommended approval. There was opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
this request with the following conditions:
Ronald C. and Donna J. Ripley
Page 2 of 2
1. The property shall be subdivided in substantial compliance with the
submitted plat entitled, "Subdivision Plat of Parcel 2 Whitehead Property,"
prepared by Horton & Dodd, P.C., dated October 31,2003.
2. When Parcel 2-2 is developed, the footprint of the dwelling unit shall be
located as depicted on the Plan approved by the Chesapeake Bay
Preservation Area Board entitled, " CBPA Plan of Parcel 2-2, Subdivision
of part of Whitehead Property, sheet 3 of 5," prepared by Horton & Dodd,
P.C., dated July 17, 2003.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~~
City Manage~ \L t ~~
FO4-211-SVR-2003
RONALD & DONNA RIPLEY
Agenda Item # 10
April 14, 2004 Public Hearing
Staff Planner: Carolyn A.K. Smith
The foJ/owing report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
Location and General Information
The Planning Commission previously heard this item at the February 2004 public
hearing. However, an error occurred and not all of the adjacent property owners
were notified of the hearing by certified mail as required by State Code.
Therefore, the February hearing of this item was nullified, requiring that this
matter be heard again.
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
REQUEST:
LOCATION:
Property located
at4101 White
Acre Road
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 1
GPIN: 14789829780000
COUNCIL
ELECTION
DISTRICT: 2 - BAYSIDE
SITE SIZE: 10.27 acres
EXISTING
LAND USE: Single-family dwelling
SURROUNDING
LAND USE AND North:
ZONING: South:
East:
West:
. Single-family dwellings, Lynnhaven River I R-40
Residential District
. Single-family dwellings I R-40 Residential District
. Lynnhaven River
. Independence Middle School, single-family
dwellings I R-30 Residential District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is heavily wooded and predominately located within the
Resource Protection Area, the most stringently regulated portion of
the Chesapeake Bay Preservation Area. The property is surrounded
on three sides by the Lynnhaven River.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Comprehensive Plan
The site is located in the Primary Residential Area. The land use planning policies and
principles for the Primary Residential Area focus strongly on preserving and protecting
the overall character, economic value and aesthetic quality of the stable neighborhoods
located in this area. In a general sense, this means that the established type, size, and
relationship of land use, both residential and non-residential, in and around these
neighborhoods should serve as a guide when considering future development.
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 2
Existing Lot: The existing lot is 10.27 acres and has a single-family dwelling on the
property.
Proposed Lots: It is the intent of the applicant to subdivide an additional lot out of the
remaining 10.27 acres. In August of 1995, a 1.143-acre lot identified as "Parcel 1" was
carved out of this property. As a result of the current subdivision request, the parcel on
the peninsula (Parcel 2-1) will not have any frontage along a right-of-way, necessitating
a subdivision variance prior to its recordation. In addition, the newly formed lot (Parcel
2-2), although possessing frontage along a right-of-way, will not meet the minimum
requirement of 125 feet of frontage; therefore, this lot will also require a variance prior to
its recordation.
......"""...;;;.;
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This request has been reviewed by the Chesapeake Bay Preservation Area Board and
a variance was granted for encroachment into the Resource Protection Area, with the
following conditions, on September 22, 2003.
1. A preconstruction meeting shall be convened with Civil Inspections prior to any
land disturbance, inclusive of demolition.
2. Dual 36" erosion and sedimentation control measures (silt fences) shall be
installed prior to any land disturbance and shall remain in place until such time as
vegetative cover is established. Additionally, a heavy duty construction fence,
acceptable to Civil Inspections, shall be installed along the aforementioned E &S
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 3
controls and shall be maintained during all phases of construction.
3. Construction limits shall lie a maximum of 15' seaward of improvements.
4. The construction access way shall be noted on the site plan, as well as the
stockpile staging area.
5. Stormwater management facilities, as proposed on the revised drainage
calculation package dated September 15, 2003, prepared by Horton and Dodd,
P.C., shall be installed prior to the issuance of a certificate of occupancy
associated with Lot 2-2.
6. If and when the shoreline is hardened for either lot, a rip-rap revetment shall be
constructed in lieu of a vertical retaining structure (timber, vinyl, or steel
bulkhead). Said condition shall be so noted on the site plan and final subdivision
plat.
7. No portion of the driveway or pool decking shall lie below the top-of-bank for
development associated with parcel 2-2.
8. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster
Heritage Program prior to or concurrent with site plan approval for parcel 2-2.
Payment shall be in the amount of $4,595.00.
9. No portion of residence shall be located within 1001 of tidal waters or wetlands for
development associated with parcel 2-2. Verification shall be provided by the
applicants engineer upon submission of the site plan.
10.A revised site plan shall be submitted to the Department of Planning,
Development Services Center for review and approval prior to the issuance of a
building permit.
IWn Reauired .!.QiH bQtH
Lot Width in feet 125 O' 122.61*
Lot Area in square feet 40,000 128,981 74,052
.Variance required
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 4
Staff recommends approval of this request.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A.
B.
C.
Strict application of the ordinance would produce undue hardship.
The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
D.
E.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship
based on the following:
The proposed two-lot subdivision far exceeds the conventional residential lot sizes
found in this area, including several other lots of unusual depth. The lots proposed
here are well suited for this area and are consistent with the Comprehensive Plan's
policies for the Primary Residential Area of preserving and protecting the character,
environmental and economic value, and aesthetic quality of the adjacent
neighborhood. This subdivision is also consistent with the several other unusually
configured lots that have occurred in the surrounding area as a result of unusual
environmental conditions and natural features and previous subdivisions platted
around them. Staff concludes that this variance request meets the hardship criteria
afforded lots of unusual depth and configuration.
Staff, therefore, recommends approval of this request.
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 5
Conditions
1. The property shall be subdivided in substantial compliance with the submitted
plat entitled, "Subdivision Plat of Parcel 2 Whitehead Property," prepared by
Horton & Dodd, P.C., dated October 31,2003.
2. When Parcel 2-2 is developed, the footprint of the dwelling unit shall be located
as depicted on the Plan approved by the Chesapeake Bay Preservation Area
Board entitled, " CBPA Plan of Parcel 2-2, Subdivision of part of Whitehead
Property, sheet 3 of 5," prepared by Horton & Dodd, P.C., dated July 17, 2003.
NOTE:
Further conditions may be required during the
administration of applicable Ci Ordinances.
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 6
dþdddHþd"dd'd_- ,
Supplemental Information
Zonina Historv
4 05-08-89
I REQUEST
Subdivision Variance
Subdivision Variance
Change of Zoning (R-40 Residential District to R-30
Residential District)
Subdivision Variance
I ACTION
Granted
Granted
Granted
1# I DATE
1 04-08-03
2 08-22-95
3 07-03-89
Granted
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 7
Public AQencv Comments
Public Works
Master Transportation
Plan (MTP):
Traffic Calculations: Street Name Present Present Generated
Volume CaDacity Traffic
Existing Land
White Acres No Data 6,2000 - Use 2- 20 ADT 1
Road Available 9,900 ADT 1 Proposed Land
Use - 30 ADT 1
Average Dally Tnps
'as defined by two single-family dwelling
'as defined by three single -amily dweliings
Public Utilities
There is an existing eight (8) inch water main in White Acres Road.
This site must connect to Cit water.
There is an existing eight (8) inch sanitary sewer main in White
Acres Road. This site must connect to Cit sewer.
Public Safety
Police:
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
strateoies as they pertain to this site.
I Fire and Rescue:
I No comments.
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 8
Exhibit A
Aerial of Site
Location
RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 9
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Agenda Item # 10
Page 10
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RONALD C. AND DONNA J. RIPLEY
Agenda Item # 10
Page 11
Item #10
Ronald C. & Donna 1. Ripley
Appeal to Decisions of Administrative officers in regard
to certain elements of the Subdivision Ordinance
4101 White Acres Road
District 4
Bayside
April 14,2004
REGULAR
William Din: Our next item Mr. Strange.
Joseph Strange: The next item on the agenda is Item #10. The applicant is Ronald C. &
Donna J. Ripley for a subdivision variance.
William Din: Mr. Ripley?
Ronald Ripley: Yes. Since I'm the applicant I now obviously abstain on this. I'm going to
leave the chambers while the issue is being heard.
William Din: Thank you.
Joseph Strange: It has two conditions.
Eddie Bourdon: Thank you Mr. Chairman. For the record, my name is Eddie Bourdon, a
Virginia Beach attorney. As you are all very much aware, this application was before you
back in February. Unfortunately, there was an error made with the affect to the notice on
this piece of property, it is a peninsula that actually comes out of one larger parcel, a larger
development in Thoroughgood, which is adjacent to another development at Witchduck
Point. The folks at Witchduck Point whose property adjoins this were not notified. All the
folks on the peninsula were aware of it but one gentleman, Mr. Bostic, who lives here on the
adjoining property was not notified. These folks were not officially notified and were
spoken to by the applicant who was fully aware of the application and do not have any
objection to the application. Mr. Bostic, who lives here, he was not aware and that's why
we got to City Council and it was sent back so that the property measures could begin with.
I mentioned to you that Mr. Bostic was here earlier and he asked me to advise you that with
the additional condition that was added, which was Condition #2, with respect to the
location of the home which you already were aware of that had been approved by the Bay
Board and it can't be changed. We agree with the additional condition. I think it's
redundant but it certainly is fine with us. He has asked me to advise you that he does not
object to the variance. He's supportive of the variance. He had been concerned with the
possibility of the house, as you can see on this lot would be located way out here, that the
house would be located here adjacent to his home. And knowing that will not be the case,
he does not object to the variance. The lot exceeds the required minimum square footage of
high land by three times the amount. The other variance is for the existing house on the lot
on the peninsula, which previously had this frontage and now it will not. That lot is over
five times the required size and that lot will continue to be accessed as an three lots on this
Item #10
Ronald C. & Donna J. Ripley
Page 2
piece of property. This piece of property, in total, will have a total of three lots with the
approval of this variance on over ten acres of land. The peninsula is over a third of a mile
long. There are three other lots on the other side that are accessed by a driveway that comes
through the Bostic property and those lots have existed for many years. In total, somewhere
in the future, you will have a total of six houses on this peninsula and the peninsula in total
exceeds about sixteen acres. If you can go back to the composite map, you will notice to the
north, there is a cul-de-sac, six lots around another peninsula that is far, far smaller in size.
So were not dealing with the situation here where there's any densification or creating lots
that barely meets the requirements. We're talking about huge lots but instead of having a
public street they're served by two driveways, one that will serve three lots here and another
that serves three lots here. And actually services this property to the north as well. The lots
in question meet every size criteria except for road frontage and the idea of putting a public
street down here just didn't make any sense. It doesn't make any sense. I know that
everyone that's been to the property recognize that. Those provisions have been adhered to.
There's a young lady who's going to speak who was well aware of this application or was
sent notice before this came through the first time. They live on this piece of property here.
I will simply note that the house that we will be constructing and the Ripley's intentions in
creating these two lots for their sons and their sons are fairly young, we don't anticipate that
there will be any homes built on this lot or this lot that is already is in existence for at least a
decade if not longer. If this had been now for planning purposes and also to the Bay Act and
the regulatory impositions that are coming down and have come down, the idea ofwhat's
going to happen approved and as time passes as the Ripley's sons become older and
employed, etc., that the opportunities will exist for them to build houses on this property.
It's been in the family for many years. Having said that, the conditions are acceptable. I
was going to mention that the house that Ripley built and can only be built in one spot has
been approved by the Bay Board and is a condition of this variance is over 120 feet from the
house located here on the Liu property and it's situated as such that the side of the house
where the garage is the closest point to the Liu home. So, it's over 120 feet away. We've
also agreed that we will plant some trees. It's all heavily wooded now. So we are going to
plant some additional trees with the Bay Act approvals and the Bay Act restrictions we can't
cut down trees anyway other than in the area where the footprint of the house is. The trees
that are there will remain and we're going to plan some additional trees. But, at 120 foot
separation is more than double the separation of that home to our north, I'm talking about
the home north of that. If there are any questions, I'll be happy to answer them.
William Din: Are there any questions? Thank you Mr. Bourdon. Speakers?
Joseph Strange: We have speaker to speak in opposition, Alice Liu.
William Din: Welcome.
Alice Liu: I like your note up here.
William Din: Would you please identify yourself?
Alice Liu: My name is Alice Liu and I live at 4113 White Acre Road. I live at the home
that Eddie Bourdon had pointed out. Originally, we had moved into the home and soon after
Item #10
Ronald C. & DonnaJ. Ripley
Page 3
we had moved in there were some trees being cut down and plants put up. We started
thinking that there's going to be construction. I did talk to Ron and he had told me that he
was parceling out a portion for his son, which I thought was sweet and kind. He said he no
intention of ever moving that. You can take it out in a pine box. As much as I respect that I
know that circumstances can change. In our first Virginia Beach home was on the north end
of the beach, a small cottage. A neighboring lot got tom down and put multi million dollar
condos. The whole side of the street is now condominiums. So, in my opinion, this was
going to happen again. The Ripley's seem like a wonderful family. I didn't want to cause
any problems especially since we just moved there. We did get a notice. My husband told
me it came. I asked him where it was and he didn't know. I just left it at that. I figure that I
could talk to Ron and things should be okay. It didn't come up again until Mr. Bostic had
come over and asked me if! knew about it. At that time, I didn't know where the home
would be. I knew the lot being parceled out was next to ours. I did think that with having
over 10 acres, I would be able to see the home but it would be further out but as it turns out
it will be. We're not side by side or facing each other or back to back, the home is angled so
that when we are in our back yard and they are in their front yard or just looking out the side
of the house, they will be looking at us too. Currently, I thought when we bought the home I
considered our home as being part of that peninsula not part of the neighborhood. The
Thoroughgood area is very heavily developed and we moved from Little Neck, which had
larger acre homes and we were hesitant to buy here but figured that this lot is very private.
The back and the sides, the windows are built so that your view is of the woods with the
water. On the side that we have the home right beside us, we have no windows but one tiny
little window and some glass blocks with our master bedroomfbath. So, the feeling is very
private and that is what everybody says when they come to visit. I do appreciate that you
would make an effort to put up the trees and put up some kind of wall there. But, still, I
can't imagine not being able to see the home. I don't know if that is very snobbish. We
value the privacy and that's what we paid for. I think we would have looked at it slightly
differently if there were a house with homes on both sides as in the middle of the
neighborhood as opposed as in a park setting. That's all I have to say.
William Din: Thank you.
Robert Miller: Can you go to the site plan please where you showed the house? We just
talked about it being and I think Eddie said it was about 120 feet away from your house.
And, then the house on the other side, which you have no windows toward is 60 feet away.
Alice Liu: It is close.
Robert Miller: Are there any trees between the house and your house and the 60-foot away
house.
AJice Liu: Yeah. Their yard activity is off towards the side towards the front of our home,
which we really don't look out that much. They have a pool there. There's a fence. We
never see anybody. There are trees there so we don't really even see into the windows. If
they were to look out their windows they won't see anything in our house.
Robert Miller: I happen to live on a peninsula too and I am fortunate of having good
Item #10
Ronald C. & Donna J. Ripley
Page 4
neighbors just like you that are not very far away. I don't think they're 120 feet away.
There are trees in between and we planted more trees. There comfort level seems to be
there. I'm sure, like you said you're anticipating almost the worse case having to have some
previous experiences that don't sound like they were so good. I think what we're looking at
in this case particular with planting the additional trees feels like it would make it very
compatible to what you're wanting to have as your privacy.
Alice Liu: Can I ask you something? I don't know if you're qualified to know. My concern,
first I thought my opinion really didn't matter. It's his land and he can do whatever he
wants and I should not be able to say anything. But it was pointed out to me that it could
affect our property value if there was a home right next to us as opposed to the neighbor to
one side only. And, then I talked to our real estate agent and she said well, it would be more
appealing if it were not just marsh.
Robert Miller: In Virginia Beach anymore, in my opinion, everybody else can weigh in on
this. If it ever goes down it will be a miracle. It's going up. Everything is going up, not just
with your assessment but the values of our properties.
Alice Liu: I didn't expect our value of the property to go down. 1 just didn't want to not get
what we paid for the housing.
Robert Miller: Don't worry about that. Not anytime soon.
William Din: Okay. Are there any other questions?
Eugene Crabtree: Just one comment. We're talking about the possibility of a house not
even going in for ten years.
Alice Liu: We're not planning on moving.
Eugene Crabtree: You just said that you just moved a number of times already within the
City of Virginia Beach. I just want to know if you were going to be there in another ten
years?
Alice Liu: We're hoping this will be it.
Eugene Crabtree: And, the trees he's going to plant in ten years will probably totally
obscure your view. Don't look at it now, look at it ten years down the road. What are you
going to face ten years down the road? And, if that's the case, are you still in opposition to
it ten years down the road?
Alice Liu: He can't wait until ten years to bring this before the Committee?
William Din: Thank you very much. Do I have any other comments? Mr. Bourdon?
Eddie Bourdon: The variance provisions in Section 9.3 ofthe Subdivision Ordinance, I
think are clearly met with this case. You have a situation where a hardship is clearly created
Item #10
Ronald C. & Donna J. Ripley
Page 5
by the physical character of the property, the dimensions and it's typography. To suggest
that creating a lot ofthis size and configuration which is very, very similar to that of Mr. &
Mrs. Liu who own the property since last fall and to suggest that is going to be detrimental
to the character of the neighborhood and I think that's a burden that cannot be met in terms
of coming to a positive conclusion on that question. We don't think it will be detrimental
whatsoever to the character of the neighborhood. It will be keeping with the character of the
neighborhood and certainly is not going to negatively impact in spite of what Mrs. Marsh,
who is not an appraiser, may believe, the value of the Liu property or any other property that
is there. We're in a unique situation where this was to be developed with a road and
additional lots similar to those that are on the north side of the Liu property. One might be
able to try to make that argument. This is going to maintain the character. The trees will
remain. It's a forest. The only thing that is going to come out, are the trees where that one
little footprint of the house is. Everything else is going to remain the same. You can't take
the rest of the trees out because it is all in the RP A.
William Din: One question. Is the site of this house that is proposed, is that locked in to a
certain location?
Eddie Bourdon: IT is locked in that location both by the Bay Board, which felt from a water
quality standpoint because you got this finger that comes up in here that this is of the entire
piece of property this is the most appropriate place to locate it from a water quality
standpoint. It's locked in by the Bay Board at that location and with that condition that is in
your agenda that was handed out this morning we added a redundant protection that it will
be here with that same condition being part of this subdivision variance as well. So there is
no ability other than going back to the Bay Board and coming back through this process to
move that house elsewhere on the lot. And, frankly as I told Mr. Bostic there's no reason
why anyone would even want to do that and the Bay Board, I don't think would approve it.
This is the most logical place furthest away from receiving waters to put the house.
William Din: Thank you very much. Do we have any discussion? Are we ready for a
motion?
Robert Miller: Well, I certain respect the neighbors and the process that we've honored to
bring this back in front of us. I think that's one of the good things about dealing with a lot of
these fine eye issues. The Bay Act, in my opinion deals with a lot of fine elements where it
puts extra positions of brackets of a piece of/and to say that this is where you can develop it
and you can't develop in other areas. Respecting the neighborhood and the other qualities
that are in that neighborhood, I would make a motion that we approve this.
Donald Horsley: Second.
William Din: Seconded by Mr. Horsley. Are we ready for the vote?
AYES
NAY 0
ABSI
ABSENT 2
ANDERSON
CRABTREE
ABSENT
AYE
Item #10
Ronald C. & Donna J. Ripley
Page 6
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
ABS
AYE
AYE
ABSENT
Ed Weeden: By a vote of8-0 with one abstention, the application of Ronald C. & Donna
Ripley has been approved.
William Din: Thank you very much.
Eddie Bourdon: Thank you all very much.
"-'ì
CUP - Student Donnitoc;
1#1 DATE ¡REQUEST
1 08/28/01 Modification of Conditions
12/16/97 Conditional Use Permit (church)
02/11/92 Conditional Use Permit (church)
2 03/11/97 Conditional Use Permit (church)
3 06/22/99 Conditional Use Permit (private school)
4 02/22/94 Conditional Use Permit (private school)
10/19/87 Conditional Use Permit (church addition)
5 04/24/89 Conditional Use Permit (school)
6 11/28/83 Change of Zoning (R-5 Residential District to A-1
Apartment District)
I ACTION
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Virginia Wesleyan College - Conditional Use Permit (student dormitory)
MEETING DATE: April 27, 2004
.
Background:
An Ordinance upon Application of Virginia Wesleyan College for a Conditional
Use Permit for a student dormitory on property located at 5817 Wesleyan Drive
(GPIN 14680326460000). DISTRICT 2 - KEMPSVILLE
.
Considerations:
The Virginia Wesleyan College is proposing to construct a three (3) story, 84-bed
student residence hall and two (2) 5-unit row-house style residences, each two
(2) stories, with a total of 40 beds. Additional parking is also proposed for use of
the students and their visitors. These buildings will be occupied year-round. A
Board of Zoning Appeals Variance will be required for the 84-bed structure due to
the height (proposed at approximately 40 feet in height).
The impact that this request will have on adjacent properties is negligible. These
buildings will not be highly visible from any adjacent properties nor from any
rights-of-way. The design of the proposed buildings is in keeping with the
existing structures and the location of the new dormitories and is logical in terms
of the overall design of the campus.
Staff recommended approval. There was opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The site shall be developed in substantial conformance with the Concept
Plan entitled, "Virginia Wesleyan College, Conditional Use Permit,"
prepared by C. Allan Bamforth, Jr. Engineer- Surveyor, dated January 2,
2004, and the layout plan entitled "WVC proposed Apartment Style
Residence Hall + Row Houses, Village 3 Complex," prepared by Cutler
Design.
2. The overall size and massing of the proposed dormitories shall be
substantially as depicted in the rendering entitled, "WVC Proposed
Virginia Wesleyan College
Page 2 of 2
Apartment Style Residence Hall + Row Houses, Perspective Showing
New Residence and Row Houses to Village 3 Complex," prepared by
Cutler Design.
3. All outdoor lighting shall be shielded to direct light and glare onto the
premises; said lighting and glare shall be deflected, shaded, and focused
away from adjoining properties.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~j~
C;ty M,",g,O'" K, ~"'""-
CO5-213-CUP-2004
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
March 10,2004 Public Hearing
Staff Planner: Carolyn AK. Smith
The foJ/owing report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
Location and General Information
Conditional Use Permit for three new buildings for use as student
dormitories.
Property
located at
5817
Wesleyan
Drive.
cu,-,,--,"~
14680326460000
2 - KEMPSVILLE
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 1
SITE SIZE:
EXISTING
LAND USE:
300 acres
Private college with dormitories, athletic facilities, etc.
SURROUNDING
LAND USE AND North:
ZONING: South:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
East:
West:
. Wesleyan Drive, undeveloped, single-family
dwellings! R-15 Residential District
. Apartments, townhouses ! A-18 Apartment District
. Baker Road, Church, Apartments, townhouses,
retail! R-10 Residential District, A-12 Apartment
District, B-2 Community Business District
. City of Norfolk
The campus is a mix of mature wooded areas, open grassed areas
and buildings associated with college campus learning and living.
The location for the proposed building and parking is predominately
grassed. Some trees will be removed for the expansion of the
parking lot. There do not appear to be any significant environmental
features within the areas proposed for additional development. The
property is within the Chesapeake Bay watershed.
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The Virginia Wesleyan College is proposing to construct a three (3) story, 84-bed
student residence hall and two (2) 5-unit row-house style residences, each two (2)
stories, with a total of 40 beds. Additional parking is also proposed for use of the
students and their visitors. These buildings will be occupied year-round. A Board of
Zoning Appeals Variance will be required for the 84-bed structure due to the height
(proposed at approximately 40 feet in height).
VIRGINIA WESLEYAN COLLEGE
Agenda Item #4
Page 2
The fof/owing represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Impact to surrounding properties.
. Consistency with the Comprehensive Plan.
The Comprehensive Plan identifies this site as being within the Primary Residential
Area. The land use planning policies and principles for the Primary Residential Area
focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. In a general sense,
the established type, size, and relationship of land use, both residential and non-
residential, located in and around these neighborhoods should serve as a guide when
considering future development.
Staff Evaluation
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal's
strengths in addressing the 'Major Issues' are
VIRGINIA WESLEYAN COLLEGE
Agenda Item# 4
Page 3
(1) The impact that this request will have on adjacent properties is negligible. These
buildings will not be highly visible from any adjacent properties nor from any
rights-of-way. The design of the proposed buildings is in keeping with the
existing structures and the location of the new dormitories and is logical in terms
of the overall design of the campus.
(2) The Comprehensive Plan policies recognize this portion of the designated
Primary Residential Area as suitable for the expansion of a higher education
facility. This student dormitory expansion is an appropriate use on this site and
will further enhance the college campus' existing character and quality of life. The
proposal is consistent with the existing campus development and nearby
residential uses. The following provisions of the proposal will ensure that this
expansion remains consistent with the Plan's policies established for this area
and that impact on adjacent properties will be negligible: appropriate campus
design and integration of the proposed buildings; compatible architecture and
building materials similar to the existing campus architecture; efficient and safe
internal access and circulation for both pedestrians and vehicles; incorporation of
green space into the development; sufficient landscaping; and acceptable
outdoor lighting that does not impact adjacent residential uses.
Staff, therefore, recommends approval of this request.
Conditions
1. The site shall be developed in substantial conformance with the Concept Plan
entitled, "Virginia Wesleyan College, Conditional Use Permit," prepared by C.
Allan Bamforth, Jr. Engineer - Surveyor, dated January 2, 2004, and the layout
plan entitled "VWC proposed Apartment Style Residence Hall + Row Houses,
Village 3 Complex," prepared by Cutler Design.
2. The overall size and massing of the proposed dormitories shall be substantially
as depicted in the rendering entitled, "VWC Proposed Apartment Style
Residence Hall + Row Houses, Perspective Showing New Residence and Row
Houses to Village 3 Complex," prepared by Cutler Design.
3. All outdoor lighting shall be shielded to direct light and glare onto the premises;
said lighting and glare shall be deflected, shaded, and focused away from
adjoining properties.
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 4
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220{g) of the City Zoning Ordinance for further
information.
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 5
~ - "'" &~
Supplemental Information
Zonina History
CUP - Student Dormitory
1#1 DATE IREQUEST
1 08/28/01 Modification of Conditions
12/16/97 Conditional Use Permit (church)
02/11/92 Conditional Use Permit (church)
2 03/11/97 Conditional Use Permit (church)
3 06/22/99 Conditional Use Permit (private school)
4 02/22/94 Conditional Use Permit (private school)
10/19/87 Conditional Use Permit (church addition)
5 04/24/89 Conditional Use Permit (school)
I ACTION
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
Granted
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 6
6 11/28/83 Change of Zoning (R-5 Residential District to A-1
Apartment District)
Granted
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP): Wesleyan Drive in the vicinity of this application is
considered a two-lane undivided minor urban arterial. It
is designated on the MTP as a 120-foot wide right-
ofOway divided facility with a multi-use path. There is a
Capital Improvement Program project to upgrade this
roadway from the current two-lane section to a four-
lane divided section. The review for the design contract
is under review; however, the scope of work has not yet
been established.
Traffic Calculations: Street Name Present Present Generated
Volume Capacitv Traffic
20,000 7,300-10,700 proposed Land
Wesleyan Drive ADT'
ADT' 14,800-22,800 Use - 300 ADT
ADT (future)
Average Dally Tnps
'as defined by 125 new students.
Public Utilities
There is a 24 inch water main in Wesleyan Drive and a 12 inch water
main in Baker Road. This site is alread connected to Cit water.
There is no City sanitary sewer within the vicinity of this site. The
site is already connected to a Hampton Roads Sanitation District
HRSD force main. A roval from HRSD will be re uired.
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 7
Police:
Fire and Rescue:
Public Safety
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
strate ies as the ertain to this site.
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 8
Exhibits
Exhibit A
Aerial of Site
Location
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 9
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Agenda Item # 4
Page 10
Exhibit B-2
Proposed Site
Plan
II
VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 11
Exhibit 8 - 3
Proposed Site
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Agenda Item # 4
Page 12
Exhibit C - 1
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VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 13
Exhibit C - 2
Sketch Rendering
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Agenda Item # 4
Page 14
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Page 15
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VIRGINIA WESLEYAN COLLEGE
Agenda Item # 4
Page 16
Item #4
Virginia Wesleyan College
Conditional Use Permit
5817 Wesleyan Drive
District 2
Kempsville
March 10,2004
REGULAR
Dorothy Wood: We'll be moving on to our regular agenda. The first item in our regular
agenda is Item #4 Virginia Wesleyan College. It's a Conditional Use Permit for a student
dormitory. Is there someone here representing Virginia Wesleyan?
William Joseph: Yes, I am.
Dorothy Wood: Would you come up sir and tell us?
William Joseph: Good afternoon. My name is William Joseph. I'm the Vice President
for Business at Virginia Wesleyan College. .
Dorothy Wood: Welcome Mr. Joseph.
William Joseph: Thank you. We appreciate your taking a look at our request for a
Conditional Use Permit. What we would like to do is construct dormitories to house 124
residential students. For the past three years now, we've had to find student housing off
campus. Although college housing is growing a little bit, we've seen a change from
commuter population to a residential population and this appears to be an ever increasing
thing. The college opened in 1966 primarily as a residential college. Weare expanding
that capability to handle the residential population. I'm open to any questions.
Dorothy Wood: Thank you Mr. Joseph. We're very proud of having Virginia Wesleyan
College in our City. Are there any questions ofMr. Joseph? Thank you Mr. Joseph. I
believe there is opposition.
Joseph Strange: We have other people speaking in support.
Dorothy Wood: Okay. Thank you Mr. Joseph.
William Joseph: Thank you.
Joseph Strange: Speaking in support, we have a Bruce Vaughan.
Dorothy Wood: Sir, you have to come up to the podium to speak please.
Item #4
Virginia Wesleyan College
Page 2
Bruce Vaughan: Hi. I'm Bruce Vaughan. I'm also with the college. I indicated that 1
would speak if questions were raised. I'm in support.
Dorothy Wood: Thank you.
Joseph Strange: Also in support to speak, if needed, is Kevin Kozak.
Dorothy Wood: Welcome Kevin.
Kevin Kozak: Thank you. My name is Kevin Kozak, Cutler Associates. I'm an
architect with the design builder that has been contracted with Virginia Wesleyan and I'm
here to speak if any questions arise.
Dorothy Wood: Thank you.
Kevin Kozak: Thanks.
Joseph Strange: To speak in opposition, we have Michael Tumer.
Dorothy Wood: Welcome Mr. Turner.
Michael Turner: Thank you. Good day to you all. My main opposition to this is that the
previous construction has been done by Wesleyan has caused erosion.
Dorothy Wood: Mr. Turner?
Ed Weeden: For the record, please identify yourself.
Michael Turner: I'm sorry. I'm Michael Turner. I live at 5964 Blackpoo1e Lane and I'm
just a dude. Previous construction of Wesleyan has caused erosion of the properties
along B1ackpoo1e Lane that border their property. We share a common waterway that
I've had looked at by a civil engineer. He has told me that the waterway was not pre-
existing before the subdivision was built that is it caused by runoff. As they've done
construction over at Wesleyan on previous projects, it has caused silt and other stuff to
flow into that waterway raising the level of the waterway. I moved in six years ago it
was about two feet deep. It's now three inches deep and it's pretty sad to watch ducks
walk where they used to swim. This is forcing the water out on the banks. I've lost
about three feet of property frontage in my backyard due to all this contamination.
Dorothy Wood: Thank you Mr. Turner. Are there any questions for Mr. Turner? Mr.
Din?
William Din: Can you show us where you live and where this waterway is impacted? .
Item #4
Virginia Wesleyan College
Page 3
Dorothy Wood: Sir, there's a pointer right there. Mr. Turner? There's a laser pointer
right there.
Michael Turner: I can't read it from there. Let me get closer real quick. Okay, right
about there. And, right on that property line is where that waterway runs. It's mainly
swamp back there.
William Din: How far away is that from the existing road or parking area that they're
using?
Michael Turner: I don't see a scale on there. But, it would appear that it is about 200-
300 yards, judging distances from where my backyard is to where I can see their
buildings over through the woods.
William Din: Do you see anything running off into that area? Is it because of natural
erosion or is it because of the construction that may have gone on previously?
Michael Turner: What I believe it is and I'm no expert in this area is the loose dirt
created by construction that has been run off in the rain and dnrins into that drainage
ditch.
William Din: Thank you.
Dorothy Wood: Is there anyone else? Barry?
Barry Knight: Mr. Turner, if you get some assurances from the architect and the site
review pròcess that they would put up silt fences and they would have good inspections
on the site, where no additional sedimentation would come to that ditch, would you
oppose this rezoning?
Michael Turner: Most likely not. One of my big issues today is to start a dialogue with
Wesleyan about that shared waterway. I've been advised that the only people who are
responsible for that waterway are the property owners bordering it, since it was not a pre-
existing water and it's not a wetland. I was hoping to start a dialogue with them about
what we can do to improve that waterway.
Dorothy Wood: Are there any other questions? Thank you Mr. Turner. Mr. Joseph,
would you like to rebut please?
William Joseph: If! may.
Dorothy Wood: Would you give your name please?
Kevin Kozak: Oh, I'm sorry. Kevin Kozak.
Item #4
Virginia Wesleyan College
Page 4
Dorothy Wood: Thank you.
Kevin Kozak: Although I can't speak directly to the condition seeing how we weren't
actually the construction contractor who did the previous project. As part of the review
process with the City, we will have to file with Development Services Center which
would mean a full order of conditions related to any wetlands, silt fences in terms of
erosion during the construction process. And, also as part of the Chesapeake Bay
Preservation Act there are also steps that need to be taken after construction, as far as
water runoff and any other drainage issues related to the site with anything that is
disturbed by the actual construction process. So, as far as that is concerned, anything
certainly that has an affect on during construction will be reviewed by the City and done
in accordance with constructions practices.
Dorothy Wood: Thank you. Would you please answer questions?
Kevin Kozak: Sure.
Dorothy Wood: Are there any questions for Mr. Kozak? Thank you.
Kevin Kozak: Thanks.
Dorothy Wood: Is there any discussion?
Robert Miller: Very simply, Mr. Joseph, I suggest you get with Mr. Turner and see what
you all can do with that waterway. We certainly want to make sure that Stormwater
Management Facilities like that are maintained and I know you do too. If it has an
easement over it perhaps there are public responsibilities there. I don't know and Mr.
Turner didn't either. That would be the only thing that I would want unless someone else
would like to make a motion, they can do it or I'll be happy to at the appropriate time.
Dorothy Wood: Please make a motion sir.
Robert Miller: I'd make a motion that we approve the application.
Barry Knight: Second.
Dorothy Wood: A motion by Bob Miller and seconded by Barry Knight that we approve
the application. The vote is open.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
AYE
AYE
AYE
AYE
Item #4
Virginia Wesleyan College
Page 5
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the application of Virginia Wesleyan College has been
approved.
Dorothy Wood: Thank you all for coming. We appreciate it.
March 23, 2004
Providence Roads by Kempsville Corner Associates
temporary encroachments.
VICE MAYOR JONES:
Madam Mayor.
MAYOR OBERNDORF:
Yes, Mr. Jones.
VICE MAYOR JONES:
The Clerk read that we said approval of
Jeffrey K. Francis was approval for deferral
until April the 27th.
MAYOR OBERNDORF:
Ms. Hooks, did you hear that?
DEPUTY CITY CLERK:
Yes.
Sorry.
MAYOR OBERNDORF:
Great.
Thank you.
5
March 23, 2004
MAYOR OBERNDORF:
That sounds fair.
Captain Keeley.
Thank you very much,
DEPUTY CITY CLERK:
Attorney Bourdon is registered for Ocean
Bay as well, but only if there are
questions.
VICE MAYOR JONES:
I call for the vote.
CHIEF DEPUTY CLERK:
The vote is open.
MAYOR OBERNDORF:
Okay.
Bya vote of 11 to 0, you have approved Item
Number 1 on the Consent Agenda with nay
McClanan; Item 2, 3, 4 a&b, as amended.
CHIEF DEPUTY CLERK:
Item 5a, b, c; 6, Resolutions 1 and 2a denied the alternate version
for the open space promotion.
Approve three Resolutions for Open Air Cafes, a & b. Then, you
establishing a pilot program for open air cafes as being pulled.
Number 4, Resolution requesting the Virginia Department of
Transportation to accept 4018 lane miles of additional streets and
accept corrections and deletions have been approved.
You have approved Planning Items Number 2, Ocean Bay; Number 3,
Robert and Maria Kania; Number 5, Petition for a variance for John L.
Williams and Ellen Lane Wadsworth; Number 6, Virginia Beach Travel
Soccer; Number 7, Jeffrey K. Francis, Incorporated; Number 8,
Omnipoint (T-Mobile) with amended condition Number 2. Mrs. McClanan
and Councilman Wood are also voting nay on 5c, Kempsville and
4
March 23, 2004
VICE MAYOR JONES:
Did you want to speak, Captain Keeley?
CAPTAIN TOM KEELEY:
For Ocean Bay, yes, sir.
speak to Ocean Bay.
I would like to
MAYOR OBERNDORF:
Please
City
will
Madam Mayor, Mister Vice Mayor Council
Members, Mr. Spore, Mr. Lilley and
Staff, thank you for allowing me to speak on this report and I
keep it quick.
CAPTAIN KEELEY:
I am understanding here that this development down at the Beach is an
issue of redevelopment and, under the Navyls AICUZ Program, this
applies as a non-conforming pre-existing use.
I would like to applaud the developer and the City Staff for taking
what is presently five units of dwellings down to two units. So,
thus, you are decreasing density and that's what we asked for in our
instructions.
That's why we stand here in support of this redevelopment.
you.
Thank
MAYOR OBERNDORF:
How about the soccer?
CAPTAIN TOM KEELEY:
The soccer, I think I'm on record of last
City Council, that we already supported that
under our AICUZ instruction. That is a compatible usage of that
field as long as there is not a big clubhouse and the World Cup of
Soccer is not held there.
3
March 23, 2004
INFORMAL SESSION
MAYOR OBERNDORF: Number 7, Application of Jeffrey K. Francis,
Incorporated, for a Conditional Use Permit
re an off-site parking lot at 2149 Vista Circle. The Lynnhaven
District.
COUNCILMAN WOOD:
Defer until the 27th.
MAYOR OBElUIDORF:
April 27th?
COUNCILMAN WOOD:
Thatls what the staff recommends.
MAYOR OBERNDORF:
Okay.
FORMAL SESSION
VICE MAYOR JONES:
Consent for deferral until April 27th, Item
07, which is the Application of Jeffrey K.
Francis, Incorporated, for a Conditional Use Permit re an off-site
parking lot at 2149 Vista Circle in the Lynnhaven District. So moved
for approval of the Consent Agenda, Madam Mayor.
COUNCILMAN SCHMIDT:
Second.
MAYOR OBERNDORF:
There's a motion by Mr. Jones seconded my
Mr. Schmidt.
DEPUTY CITY CLERK:
Your Honor, Captain Keeley is registered in
support, though, for the Virginia Beach
Travel Soccer and Ocean Bay.
2
Virginia Beach City Counci~
March 23,2004
6:00 p.m.
CITY COUNCIL:
Richard Maddox
Jim Reeve
At-Large
Bayside - District 4
Kempsville - District 2
Centerville District I
Rose Hall - District 3
Beach - District 6
Meyera E. Oberndorf, Mayor
Vice Mayor R. Jones
Harry E. Diezel
Margaret L. Eure
Reba S. McClanan
Rosemary Wilson
James L. Wood
Princess Anne - District 7
At-Large
At-Large
At-Large
Lynnhaven
- District 5
Peter W. Schmidt
Ron Villanueva
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
VERBATIM
Planning Application of Jeffrey K. Francis, Incorporated
1
- 74-
Item V-O.7.
PLANNING
ITEM # 52427
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED to the
City Council Session of April 27, 2004, Ordinance upon application of JEFFREY K. FRANCIS, INC for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JEFFREY K. FRANCIS, INC FOR A
CONDITIONAL USE PERMIT FOR AN OFF-SITE P ARKlNG LOT
Ordinance upon Application of Jeffrey K. Francis, Inc. for a Conditional Use
Permit (or an off-site parking lot on property located at 2149 Vista Circle (GPIN
14898893040000). DISTRICT 5 - LYNNHA VEN
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Obemdorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 23, 2004
"~_H_k"'-H'~""
Supplemental Information
Zonina History
Lynnhaven River
CUP - Parking Lot
I ACTION
Approved
Approved
Approved
Withdrawn
Withdrawn
Approved
Approved
I#IDATE ¡REQUEST
1 10/10/00 Street Closure
2 6/11/96 Street Closure
3 5/24/94 Conditional Use Permit (Commercial Marina)
4 4/30/90 Conditional Use Permit (Carwash)
4/25/88 Conditional Use Permit (Carwash)
5 8/9/94 Rezoning (R-10 Residential to 8-4 Resort Commercial)
12/21/81 Street Closure
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Jeffrey K. Francis, Inc. - Conditional Use Permit (off-site parking lot)
MEETING DATE: April 27, 2004
.
Background:
An Ordinance upon Application of Jeffrey K. Francis, Inc. for a Conditional Use
Permit for an off-site parking lot on property located at 2149 Vista Circle (GPIN
14898893040000). DISTRICT 5 - L YNNHAVEN
This request was deferred at the March 23 City Council meeting at the request of
the applicant.
.
Considerations:
The applicant proposes to develop the site with a parking lot to accommodate
parking for a proposed restaurant planned directly across the street. The
conditional use permit is for the parking lot only; the restaurant is not part of this
application.
The submitted conceptual site layout and landscape plan depicts 18 parking
spaces proposed for the site. The Shore Drive Corridor Overlay District requires
a 15-foot setback along property lines adjacent to any district in which dwellings
are permitted as a principal or conditional use. Category IV screening is also
required within the setback. The submitted conceptual plan does not depict the
required setback or landscaping along the northern and southern property lines.
In order for the applicant to develop the site as submitted he will have to obtain a
variance from the Board of Zoning Appeals. The proposed parking lot will be
developed under certain provisions of the City Code section pertaining to
Commercial Parking Lots, Section 23-58.
The applicant proposes to retain the live oak trees that currently exist on the site.
In the event that the live oaks cannot be retained, the applicant has volunteered
to donate funds to the Tree Restoration - Shore Drive Area Trust Fund. Street
frontage landscaping will consist of a mix of live oak trees and beach grasses.
Staff recommended approval. There was opposition to the request.
.
Recommendations:
Jeffrey Francis
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 8-0 with 1
abstention to approve this request with the following conditions:
1. The site shall be developed and landscaped substantially in accordance
with the submitted Conceptual Site Layout and Landscape Plan of Vista
Circle Restaurant, prepared by MSA. P.C., dated 12/01/03, provided the
applicant obtains a variance from the Board of Zoning Appeals for the
required setback and landscaping. Said plan is on file in the City of
Virginia Beach Planning Department. If the applicant does not obtain a
variance then the site layout shall be redesigned to meet the required
setback and landscaping.
2. The parking lot shall be developed in accordance with the City Code
section pertaining to Commercial Parking Lots, Section 23-58, subsection
(f)(1), (f)(2), (f)(4) , (f)(5), and (f)(8). Alternative pavement treatments may
be allowed in order to protect and save the live oak trees on the site.
3. The applicant shall provide a lighting plan for the parking for review by
staff. The lighting shall be low level and designed so as not to spillover
onto adjacent properties or the City right-af-way.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage~ \.L ~ ~
GO3-215-CUP-2003
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
February 11, 2004 Public Hearing
Staff Planner: Faith Christie
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
location and General Information
Conditional Use Permit for a Parkinq Lot
Property
located at 2149
Vista Circle
14898893040000
5 - L YNNHAVEN
7,240 square feet
Lynn'.", R;~
CUP - Pa,k;ng La<
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 1
EXISTING
LAND USE:
A vacant, undeveloped parcel.
SURROUNDING
LAND USE AND North:
ZONING:
South:
East:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
. Single-family dwellings ! B-4 (SO) Resort
Commercial! Shore Drive Corridor Overlay
. Vista Circle
. Across Vista Circle is a single-family dwelling
(proposed restaurant site)! B-4 (SO) Resort
Commercial! Shore Drive Corridor Overlay
. Multiple-family Condominium ! B-4 (SO) Resort
Commercial! Shore Drive Corridor Overlay
. Vista Circle
. Across Vista Circle is a single-family dwelling
(proposed restaurant site)! B-4 (SO) Resort
Commercial! Shore Drive Corridor Overlay
There are live oak trees on the site. The applicant proposes to retain
the trees and incorporate them into the site design. If the trees cannot
be saved. the applicant has volunteered to donate funds to the Tree
Restoration - Shore Drive Area Trust Fund.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
The applicant proposes to develop the site with a parking lot to accommodate parking
for a proposed restaurant planned directly across the street. The submitted conceptual
site layout and landscape plan depicts 18 parking spaces proposed for the site. The
Shore Drive Corridor Overlay District requires a 15-foot setback along property lines
adjacent to any district in which dwellings are permitted as a principal or conditional use.
Category IV screening is also required within the setback. The submitted conceptual
plan does not depict the required setback or landscaping along the northern and
southern property lines. In order for the applicant to develop the site as submitted he will
have to obtain a variance from the Board of Zoning Appeals. The proposed parking lot
shall also be developed under certain provisions of the City Code section pertaining to
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 2
Commercial Parking Lots, Section 23-58. The following subsections sections are
applicable:
(f) Commercial parking lots shall at all times, whether or not they are in operation:
(1) Have a paved surface, inclusive of all drive aisles, which meets the
requirements of the Specifications and Standards of the Department of Public
Works and the Site Plan Ordinance;
(2) Contain perimeter landscaping meeting the requirements of section 5A of the
Parking Lot Landscaping Specifications and Standards where adjacent to any
public right-of-way or other publicly owned property. The perimeter may also
be enclosed by fencing meeting the requirements for fences set forth in
section 201(e) of the City Zoning Ordinance; provided, however, that such
fencing shall not exceed four (4) feet in height and shall consist of materials,
such as black vinyl-coated chain link, white vinyl picket or black wrought iron,
which are generally recognized within the industry as maintenance-free.
Wood split-rail fences shall not be permitted. Such fencing and landscaping
shall at all times be maintained in good condition and repair;
(4) Be secured at all points of ingress and egress by a gate, consisting of
materials, such as black vinyl-coated chain link, white vinyl picket or black
wrought iron, which are generally recognized within the industry as
maintenance-free, except during hours of operation;
(5) Contain no less than one (1) trash receptacle, plainly visible and marked as
such, for every three thousand five hundred (3,500) square feet of lot area or
fraction thereof;
(8) Be in compliance with all other applicable requirements of federal, state and
local law including, without limitation, the handicapped parking space
requirements of the Americans With Disabilities Act.
The applicant does propose to retain the live oak trees that currently exist on the site. In
the event that the live oaks cannot be retained the applicant has volunteered to donate
funds to the Tree Restoration - Shore Drive Area Trust Fund. Street frontage
landscaping will consist of a mix of live oak trees and beach grasses.
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 3
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the recommendations of the Comprehensive Plan and Shore
Drive Corridor Plan.
. Compatibility with the surrounding uses.
The Comprehensive Plan designates this area as a Primary Residential Area. The land-
use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of
the stable residential neighborhoods located within this area. However, this particular
site is located within the Waterman's Walk sub-area. A variety of appropriately scaled
mixed uses including marinas, restaurants, multiple-family units, and limited specialty
retail shops are envisioned for the area.
Staff recommends approval of this request.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal's
strengths in addressing the 'Major Issues' are
(1) The request to establish a parking lot for the proposed restaurant directly across
Vista Circle is consistent with the Comprehensive Plan I Shore Drive Corridor
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 4
policies and uses recommendations for the designated Waterman's Walk sub-
area portion of the Shore Drive corridor. The proposed restaurant and off-site
parking lot will promote the level of community aesthetics, economic vitality,
quality physical environment, and quality of life that the Plan policies envision for
this area.
(2) The proposed use is compatible with the surrounding mix of resort uses such as
restaurants, marinas and multiple-family condominiums.
Staff, therefore, recommends approval of this request subject to the following
conditions.
Conditions
1. The site shall be developed and landscaped substantially in accordance with the
submitted Conceptual Site Layout and Landscape Plan of Vista Circle
Restaurant, prepared by MSA. P.C., dated 12/01/03, provided the applicant
obtains a variance from the Board of Zoning Appeals for the required setback
and landscaping. Said plan is on file in the City of Virginia Beach Planning
Department. If the applicant does not obtain a variance then the site layout shall
be redesigned to meet the required setback and landscaping.
2. The parking lot shall be developed in accordance with the City Code section
pertaining to Commercial Parking Lots, Section 23-58, subsection (f)(1), (f)(2),
(f)(4), (f)(5), and (f)(8). Alternative pavement treatments may be allowed in order
to protect and save the live oak trees on the site.
3. The applicant shall provide a lighting plan for the parking for review by staff. The
lighting shall be low level and designed so as not to spillover onto adjacent
properties or the City right-of-way.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 5
. . ~.~ ..Ijj~
Suppleme ntãrlnfo rmati on
ZoninQ Historv
Lynnha:ven River
CUP - Parking Lot
I ACTION
Approved
Approved
Approved
Withdrawn
Withdrawn
Approved
Approved
1#1 DATE ¡REQUEST
1 10/10/00 Street Closure
2 6/11/96 Street Closure
3 5/24/94 Conditional Use Permit (Commercial Marina)
4 4/30/90 Conditional Use Permit (Carwash)
4/25/88 Conditional Use Permit (Carwash)
5 8/9/94 Rezoning (R-10 Residential to 8-4 Resort Commercial)
12/21/81 Street Closure
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 6
The applicant has been before the Chesapeake Bay Preservation Board and obtained a
variance for the location of the proposed restaurant across the street.
Public AQencv Comments
Public Works
Master Transportation
Plan (MTP):
Vista Circle in front of this site is a two-lane local road.
There are no improvements anticipated for this
roadwa within the next five ears.
Traffic Calculations: Street Name Present Present Generated
Volume Capacity Traffic
No traffic Existing Land
volume Use 2 - 0
Vista Circle counts 6,200 ADT 1
are Proposed Land
available Use 3 - 390
Avetage Dally Tnps
'as defined by no existing development on the site.
'as defined by the proposed restaurant across Vista Circle
Public Utilities
I Water:
I Sewer:
I The site is served by City water.
I City sewer serves the site.
Public Safety
Police:
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
strate ies as the ertain to this site.
I Fire and Rescue:
I There are no Fire Department concerns for this site.
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 7
Exhibit A
Aerial of Site
Location
JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 8
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JEFFREY K, FRANCIS, INC,
Agenda Item # 7
Page 9
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JEFFREY K. FRANCIS, INC.
Agenda Item # 7
Page 10
CUP - Parking Lot
I#IDATE ¡REQUEST
1 10/10/00 Street Closure
2 6/11/96 Street Closure
3 5/24/94 Conditional Use Permit (Commercial Marina)
4 4/30/90 Conditional Use Permit (Carwash)
4/25/88 Conditional Use Permit (Carwash)
5 8/9/94 Rezoning (R-10 Residential to B-4 Resort
Commercial)
12/21/81 Street Closure
I ACTION
Approved
Approved
Approved
Withdrawn
Withdrawn
Approved
Approved
Item #7
Jeffrey K. Francis, Inc.
Conditional Use Permit
2149 Vista Circle
District 5
Lynnhaven
February 11,2004
CONSENT
William Din: The next item is Item #7 Jeffrey K. Francis, Inc. Is there a representative
here or applicant?
Eddie Bourdon: Mr. Vice Chairman, Eddie Bourdon, a Virginia Beach attorney
representing the applicant. We're fine with the conditions but I do believe there may be
someone here who wishes to speak.
William Din: Okay. Is this in favor or opposing us? Is there opposition to this item?
Joseph Strange: Yeah. We have two people signed up.
William Din: We'll have to drop this down to the regular agenda item.
REGULAR
Dorothy Wood: Next item please.
Joseph Strange: The next item is Item #7, which is a Conditional Use Permit for a
parking lot and the applicant is Jeffrey K. Francis, Inc.
Dorothy Wood: Mr. Bourdon?
=
Eddie Bourdon: Madame Chairperson, again for the record, Eddie Bourdon, a Virginia
Beach attorney representing Mr. Jeff Francis who is here this afternoon. I understand the
confusion since it was on the consent agenda previously. This piece of property subject
to this application is in the B-4 Zoning District. It is located on the east side of Vista
Circle. The applicant, as you all heard this morning and is written up in your staff
evaluation is developing a restaurant on the Lynnhaven River on the piece of property
across the street from the subject property. That development is consistent with the
recommendations ofULI Shore Drive Corridor. This is the area that is characterized as
Waterman's Walk sub area. The Chick's Oyster Bar/Restaurant is located in this area
along with some other restaurants over to the west. The area does have some parking
problems and my client has acquired this piece of property here that does not have a
building on it as is depicted. However, the owners of this property did have approval for
a duplex to be constructed there and that's obviously won't happen which given the
circumstances, this situation I think is a betterment. It is certainly more consistent with
Item #7
Jeffrey K. Francis, Inc.
Page 2
what the City's vision for this area is as opposed to putting yet additional residential
development in here. The staffhas recommended approval of this use, which will just be
a parking lot for the restaurant. The conditions as were discussed this morning and I had
the same comments that you all heard regarding the desire of my client to save at least
some ofthe Live Oak trees that are on the property. In order to be able to do that it will
be necessary, in our opinion to be able use some alternative pavement treatments on site.
Maybe not in total but in some areas of the site in order to protect the root system of
some of the trees that are present. My client is accepting of Condition #2 as amended.
So, all the conditions are acceptable. We will be proceeding to the Board of Zoning
Appeals as well, which has been set forth in your write up. I'll be happy to answer any
questions. I would say also that the Chesapeake Bay Board has already approved the
plans for the restaurant on the property across the street.
Dorothy Wood: Thank you Mr. Bourdon. Are there any questions of Mr. Bourdon?
Ron?
Ronald Ripley: My question is mainly related more to the restaurant. It's curiosity. The
Waterman's Walk concept vision's possibility of time, you know connectivity along the
water. And my question is this, is the application thinking in those terms? Are they
receptive to that idea if that were to materialize? I realize there's nothing materializing at
the moment but it's a vision of the plan.
Eddie Bourdon: They certainly are and we got a significant area that is shown here
which will be an open area behind the restaurant where there could be connections made
through at some form or fashion if that comes about but in the meantime we're obviously
going to be using it for space. He is certainly opened to that concept. The question is
when it will be able to come to pass.
Ronald Ripley: Okay.
Eddie Bourdon: It can put additional area on the back if the Chesapeake Bay Board will
allow it. If there's a project that comes in to allow connections along the water, that will
be a uniform type situation and we will certainly be able to do it. The thought process
that I've heard spoken of is that it will be along the water. We're certainly willing to do
that.
Ronald Ripley: I have another question too?
Dorothy Wood: Go ahead.
=
Ronald Ripley: Regarding the site itself, the topography of the property is it below the
grade it needs to be or above the grade? The reason why I ask is because if the applicant
is going to attempt to use some alternative surface cover for the purpose of trying to save
the Live Oaks in there, if fill needs to be brought in that would probably be good. We
have to cut it out. My question is do you know the elevation of the site at this point?
Item #7
Jeffrey K. Francis, Inc.
Page 3
Eddie Bourdon: The piece of property is not a low piece of property. It is one that
should not involve any significant amount offill at all. It's on a dune, if you will and
I've been on the site. It doesn't appear to me, of course, everything is very sandy so you
don't have water standing anywhere. There's a lot of absorbsion to begin with but it is
definitely not a low piece of property.
Ronald Ripley: I hope if this is approved, I hope the City can find a way to work with the
applicant to try to preserve that because it is a very important aspect of Shore Drive and
I'm on the Shore Drive Committee. It's a topic that is discussed every month.
Eddie Bourdon: You don't have to tell me about it.
Ronald Ripley: Every month it's discussed. In fact, they just finished counting all the
Live Oaks along the corridor so they could have a pretty good idea of the pattem of
growth of Live Oaks in that area, so attempting to preserve and I would encourage it.
Eddie Bourdon: This property, and not to disagree in any way with your observation Mr.
Ripley, it clearly doesn't have much visibility back where it is but we would certainly
like to work to preserve the trees. That was stated in the application and we appreciate it.
We had already brought it to the attention of the Planning Department conflict that exists
when you start talking about asphalting parking lots with the root system of Live Oaks.
Ronald Ripley: I think you might see the rest of the neighborhood participating in
counting the rest of the Live Oaks that are off the corridor. That's the next discussion.
Eddie Bourdon: The issue and I'll put it all on the table. I'm fairly comfortable that some
of the other restaurants in the area have had to pave their parking lots. You may have
some objection to this one not being paved but we would prefer to try work to save the
trees and we understand and agree with blanket paving could create problems in that
regard.
Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions of Mr.
Bourdon? Mr. Din?
William Din: Mr. Bourdon could you sort of address if you pave this area how the
parking will be arranged in there to keep it orderly?
=
Eddie Bourdon: Well the plan that is shown which is not fully engineered but if it is
approved which does require variances from the Board of Zoning Appeals. If they are
not granted then we must have a greater buffer on the sides. Mr. Harness who's here will
talk to you about his property here. This property is up against the parking lot for a high-
rise condominium. We believe that the Board of Zoning Appeals and with staff's okay
with the variance to get it closer. The configuration is that you got drive out and you got
marked parking spaces. There will not be parking there. There will also be a fence. It
will be maintenance ftee, fifty percent opaque fence with landscaping all the way around
Item #7
Jeffrey K. Francis, Inc.
Page 4
as one of the conditions requires that we have a gate. It's a portable gate so it will be a
secured lot so there won't be people parking here on other people's property what have
you but between the landscaping, the fencing and then depending upon the surface of the
parking lot the ability to actually put marked lines out may be somewhat compromised.
But because it's not a parking lot for just general public, it's just for the restaurant and
more than likely if the restaurant is successful you'll see it will be valet type parking so
it's all controlled by the property owner. The situation that has existed down there does
exist today with people just parking on vacant lots and parking all over the place, which I
think Mr. Harness has one of that as his concems.
William Din: Thank you.
Dorothy Wood: Do we have any other speakers Mr. Strange?
Joseph Strange: We have two speakers in opposition. The first speaker is Howard W.
Harness. He's representing the Lynnhaven Colony Civic League.
Dorothy Wood: Welcome Mr. Harness.
Howard Harness: Good afternoon Madame Chairman and Board members. My name is
Howard Harness and I live a 2001 Cove Road, Virginia Beach. I'm really here wearing
two hats. I own the adjacent property. There are two lots right here and I own both of
those and they have little houses on them. My concern is that I'm not against him putting
parking there and I think it's an addition to the neighborhood. What I am against is that
under the Shore Drive Overlay and a Conditional Use Permit I should be allowed 15 foot
of green along all property lines. That is what I'm really looking for. The Oaks that they
speak about right here, that Oak tree is approximately four feet off my property line,
which would mean it's probably ten feet if you got the setbacks. There would be plenty
of room for that Live Oak without anything and giving me my setbacks. Up here at this
comer most of that is Pine and most of those are actually on my property and the right-of-
way for the City. The Oak tree right here sits right on the right-of-way of the City and
the property owner. I don't know whether or not you got my letter with the pictures and
stuff on them. Did you get a copy of it? If you look at those pictures, you can see how
critical parking is. During the summer those people park on my property, in front of my
house. You know the problem? So, what were asking is not only myself but also the
Lynnhaven Colony Civic League is asking that you have designated parking there and a
hard surface. We would not like gravel. If you put a hard surface in you can do it with
pavers or bricks but different type pavers you can make the lines with and if we're
looking at 18 parking places on this lot there should not be a problem.
Dorothy Wood: Thank you Mr. Harness.
Howard Harness: Thank you. Are there any questions?
=
Dorothy Wood: Are there any questions for Mr. Harness? Ron?
Item #7
Jeffrey K. Francis, Inc.
Page 5
Ronald Ripley: You say you own both of those parcels?
Howard Harness: Yes sir.
Ronald Ripley: Do you live in those parcels?
Howard Harness: No sir, I don't.
Ronald Ripley: You rent them out?
Howard Harness: Yes, school teachers live there.
Ronald Ripley: You have some tenants in there basically?
Howard Harness: All the time.
Ronald Ripley: Okay.
Howard Harness: Two year lease. They don't change and usually it's one school teacher
after the other. Are there any other questions?
Dorothy Wood: Thank you Mr. Harness. I'm sorry, Jan?
Janice Anderson: Thank you. You don't have a problem with the use next door being a
parking lot?
Howard Harness: Not in get my setback
Janice Anderson: Just the setback.
Howard Harness: Without the setback the noise and everything and I have complaints
from the tenants that at 2 o'clock in the morning they're starting their cars, they're loud.
When they back out the lights shine through the windows and things like that. He has his
setback. I have no problem. He's got the right to use his property anyway he sees fit.
Janice Anderson: They're parking on this property now?
Howard Harness: Before Mr. Francis chained it off, Chick's patrons use to use it. If you
look at those pictures, I mean there were hundreds of cars parked on that lot if you couId
believe that but they're parked on my property and anywhere else they can park.
Janice Anderson: With the proposal would it being fenced in don't you think that would
keep them from parking on your property if it's a fenced in designated parking?
=
Item #7
Jeffrey K. Francis, Inc.
Page 6
Howard Harness: The fence would stop them from driving over the property but that's
not going to stop them from doing whatever. When it's a parking like it is now, it's a
gravel parking lot, there's all kinds of bottles, trash out there all the time. I mean
everything from oil containers to baby diapers. That's not right. The Overlay was there
to protect the residential area from the commercial area. He can get his 18 parking spots
there and give me 15 feet there.
Janice Anderson: Thank you.
Dorothy Wood: Thank you. Mr. Strange?
Joseph Strange: Do you have anyone else in your group that would like to stand in
support?
Howard Harness: The Condo Association is here in support.
Joseph Strange: How about from your group?
Howard Harness: No. I'm speaking for the Lynnhaven Colony Civic League and also for
myself as the adjoining property owner.
Dorothy Wood: Thank you Mr. Harness. Will you please call the next?
Joseph Strange: The next speaker is Jacob W. Miller. He is the President of the Lesner
Cove Condominium Association.
Dorothy Wood: Good afternoon Mr. Miller. We're happy to have you with us.
Jacob Miller: Madame Chairperson, I'm Jacob W. Miller as you indicated. I'm the
President of the Lesner Cove Condominium Association. The property located at 2140
Vista Circle is a 24-unit condominium. One of the pictures showed the side of our
building. It's a five-story building with parking on the first floor and remaining four
floors are the living units. I'm the owner and occupant of one of the condo units and
we're situation directly across from 2149 Vista Circle, which is the property that the
restaurant building will be built upon. I'm aware of the Shore Drive Corridor Plan and of
the Waterman's Walk portion, which deals with development in Vista Circle area. My
association finds it commendable that the City is seeking a way for responsibility
development of this entire area. However, the plan for development of the parking
facility has two features which two members of our association find objectionable. First
there is no provision for the 15 foot landscaped setback, which has been mentioned
previously. Now, one of the previous speakers spoke that our condominium backs up to
the parking lot. We back up just to our parking lot. It's a parking floor. The first floor of
our entire building is a parking facility and there are four units on the floors above there.
=
Ed Weeden: You're just about out of time.
Item #7
Jeffrey K. Francis, Inc.
Page 7
Jacob Miller: Okay. I'll say this. We would like to object to the 15 foot and we will
object to this at the Board of Zoning Appeals. Also, we too, are strongly in favor of a
hard surface parking lot. If you act favorably on this request, we hope that you include
the provisions that your staffhas suggested.
Dorothy Wood: Thank you sir. Are there any questions? Thank you very much.
Jacob Miller: Madame Chairman, let me say that I did bring along with me letters from
each of our occupants that support this position. Who shall I give them too?
Dorothy Wood: Mr. Weeden will take them. Thank you.
Joseph Strange: No other speakers.
Dorothy Wood: No other speakers? Mr. Bourdon, would you like to speak to us again?
Eddie Bourdon: Just briefly.
Dorothy Wood: Thank you.
Eddie Bourdon: The statements that were made with regard to the trash and the people
parking on the property, Mr. Francis has not had control of this piece of property. He did
not own the property when those uses were taking place or those problems were
occurring as Mr. Harness has so indicated to me this morning. Since Mr. Francis has
kept the property secure people aren't parking there. I just wanted to make sure that you
all understand that he's not one that pennitted issues that may have existed in the past. I
think Mr. Harness will agree he has been a good neighbor in that regard. He's cleaned up
the situation. There's a parking lot here with landscaping and completely enclosed and
fenced in with trash receptacles present. Those problems that he's speaking ofwon't
exist. As far as the Lesner Cove situation is concern, they do have some outdoor parking
that does adjoin the property but Mr. Miller is correct in saying that the first floor of the
building is all parking, which adjoins his property as well. And, parking is what this area
needs. It certainly needs a lot more than it needs another condominium on this particular
piece of property. We are trying to create as much parking as we can, that would be
controlled parking. At the same time trying to preserve the trees. If you conceive asphalt
out there the trees are definitely knocked out. They won't be able to be preserved. The
bottom line that this Board is going to deal with is the land use and I think everyone and
the speakers as well, concluded and concur that using this property for controlled parking
is the best land use for this piece of property in this area given the recommendations of
our Comprehensive Plan.
Dorothy Wood: Mr. Bourdon, the setbacks will go to another Board will it not?
=
Eddie Bourdon: That is correct. That is a subject of an application that will go to the
Item #7
Jeffrey K. Francis, Inc.
Page 8
Board of Zoning Appeals. Both the gentlemen that spoke are fully aware of that process.
This is not the forum where that will be detennined.
Dorothy Wood: Thank you. Are there any questions for Mr. Bourdon? Mr. Din?
William Din: Eddie, if you go back to the plan drawing, it doesn't show any landscaping
on the edges where it abuts, is there landscaping there?
Eddie Bourdon: There would have to be. Yes sir. What is shown there is just a drawing
that was done. Personally, what we had intended to do was to put a fence up but I'm
certain that even the Board of Zoning Appeals is going to, if they permit us to have any
variance in to that 15 feet, they're going to require landscaping to go in. Adjacent to the
condominium over here, they already, as you all saw in one of the pictures, they got a
solid privacy fence that's already up there. It is somewhat questionable as to what benefit
would accrue putting landscaping up against that fence? But, that will be something that
the Zoning Administrator and her staff and the BZA will be determined as to what they
want us to do in that area. Against Mr. Harness' property, there is no fencing and it
clearly does need to be something probably more down there but the specifics we will
have to work out. I am confident that along here we will be doing some heavy
landscaping along Mr. Harness' property but I'm not sure what ultimately be the
determination as to how best to deal with the portion of the parking lot that adjoins the
condominium and their privacy fence.
Dorothy Wood: Are there any other questions for Mr. Bourdon?
William Din: Can you point out where Shore Drive is on that?
Eddie Bourdon: Do we have an overall map?
William Din: I guess the access to the parking lot. Can you just show me that?
Eddie Bourdon: This is Vista Circle and Shore Drive is out here.
William Din: I meant just Vista Circle.
Eddie Bourdon: Oh okay. These are the two access points that are shown on the plan to
Vista Circle here and here.
William Din: Okay.
Eddie Bourdon: This is the restaurant, the parking lot for the restaurant and Vista Circle
and the extra parking directly across the street.
=
William Din: Thank you.
Item #7
Jeffrey K. Francis, Inc.
Page 9
Dorothy Wood: Ron?
Ronald Ripley: How much land area would you be able to provide for landscaping and
those two proposed fenced areas? One is an existing fence.
Eddie Bourdon: It will depend on what we can obtain approval from the Board of Zoning
Appeals. The Shore Drive Overlay District, which I won't get into all of what is
intended, I really don't think that is what they were looking at but if we have to provide
15 feet then we have to provide 15 feet. More than likely, along Mr. Harness' side we'll
be providing less than 15 but we'll have to provide something, whether it's five, ten, we
don't know. Along the side with the five story condominium and the existing solid
privacy fence, me personally, I don't see that is nearly as crucial when you compare the
need for parking and the need to try to preserve the trees. And the preserving of the trees
taking some land as well. The area needs parking and it's trying to strike a balance as to
what we want more. The trees? The green space where they're no trees? Where there is
a tree we're going to create green space. That's the whole idea. We feel that is more
important especially against the project. That is something that will begin with staff at
the BZA.
Dorothy Wood: Thank you. Gene, did you have a question of Mr. Bourdon?
Eugene Crabtree: No.
Dorothy Wood: Me there any other questions for Mr. Bourdon? Jan?
Janice Anderson: Is there a requirement for fencing?
Eddie Bourdon: That is a requirement. That is one of the conditions. Yes. It's
Condition #2, I believe it's (f)(4) that deals with fencing.
Janice Anderson: It was just under that number. I didn't see it specifically. Thank you.
Dorothy Wood: Thank you Mr. Bourdon. Isthereanydiscussion? Jan?
=
Janice Anderson: I believe it's a proper use in the area and there are several reasons.
First of all, the zoning is B-4. It is in a mix use district at Waterman's Walk. They're
suggesting restaurants, condos. Marina is that kind of use there. I think it would
alleviate the parking problem that they have now by designating area for parking rather
than not having this site as a parking lot. Then you would have it up and down the streets
and allover the neighborhood. There are existing restaurants on the other side of the
property. I believe that the property will probably be a valet parking and that will help
and relieve the concerns of the neighbors. If you have valet parking, then you have a
couple of people from the restaurant, taking the cars over there, and the two bring it back.
You're not going to have your client customers coming out of the restaurant running next
door through the properties. So actually that will probably be a valet system. All you
Item #7
Jeffrey K. Francis, Inc.
Page 10
will have will be the one or two employees going to that parking lot and dropping the car
off and picking it back up. So probably right there you alleviate the noise problem from
many that parking there or any trash problems or anything like that. With it being fenced
it in I think it will help the situation that it is now. The gentleman that is doing the
application didn't have this property before, but it was being used as a parking lot by
every body anyway. I do understand that the next-door property owners concem with the
setback but I think that will be more property addressed at the Board of Zoning. But so
far, as a use of a parking lot, I think this is a proper use in that district and will actually
help the area. I would be supportive in leaving in the change that we had suggested about
alternate paving especially in that area. It's all sand and those Live Oaks and I guess
your balancing two concerns that people have but I think if we're not asking for all to be
alternative parking but in designated areas where you could possibly save those Live Oak
and I think it should be used.
Dorothy Wood: Thank you. Gene?
Eugene Crabtree: I agree with Jan. As far as the alternative parking surfacing is
concemed and the Live Oak trees, we got to start somewhere. So, I think this is the place
to start and recommend an alternative surfacing so we can preserve the trees. I realize
that it hasn't been done in the past but if we don't start somewhere it's not ever going to
get started. Therefore, I think this is an appropriate place to do that.
Dorothy Wood: Thank you. Ron?
Ronald Ripley: I think the word "trade-off' is probably a good term. I think landscaping
guidelines are excellent. I think we have some real good landscaping guidelines that are
being deployed around the City. As Mr. Scott has pointed out to us many times the infill
sites are very difficult to develop. They do require some flexibility, I believe. I think
with the trade-off of attempting to save these trees, it's far more beautiful than some little
low lying bushes along the edge of a fence. I think, by right, you can cut those trees
down anyway. He doesn't need to ask anybody. He can just go and cut them right down
and be done with it, so there's an attempt here to really try to maintain the character of
the neighborhood. It's an appropriate use for the restaurant. I believe the restaurant
requires this for their parking, I would think to meet the size of the restaurant that's
intended to go there. And, I'm respectful of what the two gentlemen spoke. I think given
the intensity of this little area, I think this is a very appropriate use and I think it will fit in
well and I'm going to support it also.
Dorothy Wood: Thank you.
Ronald Ripley: I did take it before the Shore Drive Advisory Committee and advised
them of it coming up. I didn't hear anybody having any great heartburn with it. I just
wanted to make you aware of that.
=
Dorothy Wood: Thank you. Are there any other comments? Do I hear a motion?
Item #7
Jeffiey K. Francis, Inc.
Page 11
Eugene Crabtree: I'd move that we approve the application as submitted with it's proffers
and conditions.
Janice Anderson: Second.
Robert Miller: I need to abstain from this item. My firm is working on this project.
Dorothy Wood: Thank you Mr. Miller.
Ronald Ripley: I didn't take it before the Committee, I just advised the Committee that
this was on the agenda. I'm sorry.
Dorothy Wood: Is the vote open?
AYES NAY 0 ABSl ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS ABSENT
KNIGHT AYE
MILLER ABS
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of8-0, with one abstention, the application of Jeffiey Francis, Inc.
has been approved.
Dorothy Wood: Thank you Mr. Bourdon.
=-
l Tt1l\ ~ 7
Dept. Of Planning
Attn. Ms Faith Christie
Subject: Conditional use permit
Ene!. (1) pictures
Jan. 31,2004
Howard Harness
2001 Cove Rd. 23451
I am the adjacent property owner, owning parcel (B gpin 1489-88-4911 ) and
parcel ( C gpin #1489-88-8440) to the application of Jeffrey Frances, INC. (#003-215-
CUP-2003 ) for a conditional use permit for an offsite parking lot.
First let me say that I'm against a parking lot next to my two residential lots, I
believe it decreases my properties value. But Mr. Frances, has a right to utilize his
property as is best for him. (Within the City guide lines and without variances.)
The City and Planning Dept. has setup protection for the home owner in the
Shore Drive Overlay District ( SEC.1704 Item B ) requiring a fifteen foot minimum yard
( Setback) shall be required along all lot lines with category IV landscape screening,
shall be required no other uses or structures shall be permitted, within the yard.
If the Planning Commission grants the offsite parking lot, I expect the Planning
Commission to enforce the fifteen foot yard set back and allow no variance.
Now let me address the parking lot, the drawing I saw at the Planning Dept..
shows a gravel parking lot (no 15' setback along lot lines) for ( 18) spaces. I would
hope that the city code requires paved parking with defined parking spaces. ( It should be
the same as the beach area) Ifit's not it turns out to be a mess, People Park everywhere,
even on my property. (I've enclosed a couple of pictures incl-1 )
These pictures were taken before Mr. Frances, roped off his property it was being used by
the Chix, patrons. You can see that the cars were everywhere including on my property.
I would appreciate your attention in this matter, I'm not against the restaurant being built,
and I think it will be a good addition to the area. But if the Planning Commission gives
him the offsite parking, I would expect the Planning commission and the City to enforce
the existing regulations on setbacks and allow no variance, and to make the parking area
paved and stripped.(it could and should be attractive)
Sincerely
Howard Harness
Copy to:
Planning Director, Mr. Scott
Planning Commission
Lynnhaven Colony Civic League
=-
r==-
=
lID\ It.,
-i~<{ t~
2140 Vista Circle, Unit '20 \
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey K.Francis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2]49 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces carmot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
~
Thank you for your consideration.
~~St1n~
Tr;,cí Simons
2140 Vista Circle, Unit 2D3
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
,e:...
Thank you for your consideration.
¿Ji'~ç~
Michael Simone
2140 Vista Circle, Unit 2C>'f
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Plarming Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front ofthe property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably ofthe applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
Thank you for your consideration.
Christopher Levari
~~
2140 Vista Circle, Unit 7.ùŠ-
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
( GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
~
Thank you for your consideration.
~ko
Susan Sheets
2140 Vista Circle, Unit "La 1
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware ofthe Shore Drive Corridor Plan and ofthe Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware ofthe parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front ofthe property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably ofthe applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
-=-
Thank you for your consideration.
~~VJ~ ~
Barbara K. Old & James T. ëld
tJ~{W
2140 Vista Circle, Unit ~O(
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-21S-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2I49 Vista Circle
( GPIN14898893040000)
Members oftbe Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (I) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
-
Thank you. fì..or yOU. r consid. erati.on. . .... ') . (l
'Vtt~.{ ~~t'-Lf /~u..1' ¡-¡'f?/),
William Augustus Brown Jr., M.D.
2140 Vista Circle, Unit 5 (j 2-
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a ]0 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
2140 Vista Circle, Unit $'03
Virginia Beach, VA 23451
February 10,2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893 040000)
Members ofthe Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans fq,r responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take. my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
Thank you for your consideration.
~~ ~CA--1
. JacobW.&MaryN.Miller
2140 Vista Circle
Unn 303
IIIrginia Beach. VA 23451
2140 Vista Circle, Unit3t71
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jefftey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPINI4898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when.
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
~
;;Z;~;, jJ~
William A. MahOney)')'~
2140 Vista Circle, Unit 3.05""
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancìs, Inc.
(# GO3-21S-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building wì1I house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development ofthe parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in ITont of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
-
Thank you for your consideration.
Maryellen JaQue7f1 ~ð~
2140 Vista Circle, Unit 30'7
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which 1 find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
=
Thank you for your consideration.
x ~ '177~
Lisa Mattsson
2140 Vista Circle, Unit Lf 0 /
Virginia Beach, VA 23451
February 10,2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, V A 23456-9040
re: JefITey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(crPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. - There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
3dZ'Á
Dr. Wallace Shearon
2140 Vista Circle, Unit ..¡ I)'þ-
Virginia Beach, V A 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(It GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPUNI4898893040000)
Members oftbe Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As ]
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I fmd
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into considenuion and
require that (I) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
=
'7 ~~ø.
John porado
2140 Vista Circle, Unit '¡oÓ;3
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: JeflTey KFrancis, Inc.
(# oo3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
( GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
Thank you for your consideration.
D~ ~ m~
~ J¿7 7J1~
Dale Thomas Marsg & Vi~ki Kay Marsh
2140 Vista Circle, Unit 'fo If
Virginia Beach, VA 23451
February IO, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaw-ant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk ponion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
~
Thank you for your consideration.
~~, ~.~,,~
2140 Vista Circle, Unit 'l:a7
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
«JPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (I) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
=
Thank you for your consideration. \ I .. . 'd '¿j - ~. -
'~l~
Virginia 1. tat roe & Lyle tX~e 'cJ, d ~
2140 Vista Circle, Unit ~o I
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: JeflTey KFrancis, Inc.
(# QO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
«JPfN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situa1ed across ftom the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
appJicant plans to erect a two story building with a 2995 square foot footprint As I
understand it, the building will house a restaw-ant
The applicant seeks to obtain a conditional use permit which will allow him to Utilize the
lot directly across ftom 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware oCthe Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I fmd
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as I20 vehicles parked or waiting to be
parked in the two lots utilized by Chick's.
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, 1 hope tbat you will take my comments into consideration and
require that (I) the 15 foot and 10 foot setbacks provisions will be required. and
(2) the applicant will be required to pave and stripe the lot.
=
Thank you for your consideration
A~~
2140 Vista Circle, Unit ::;0 ~
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the' .'
.' occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building wíll house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the IS foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
=
Thank you for your consideration.
~ fIR~
Amir Redmon
2140 Vista Circle, Unit ':)03
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(CìPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
=
Thank you for your consideration-
!;~d¿t:C- ~ ~ctJ Hð -
Bernadette E. Leidel, M.D.
2140 Vista Circle, Unit 5""c"lt
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants-
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's...
If the Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
<=-
Thank you for your consideration.
r~ a, fYLø..Lut
Marie A. Madel
2140 Vista Circle, Unit Ç-ð5"
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffrey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one ofthe condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject of this hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and ofthe Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development ofthe parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a 10 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
=
If the Planning Commission does decide to act favorably ofthe applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the lot.
Thank you for your consideration. () ~ -
John P. Lewis & Catheri~
G~~~
2140 Vista Circle, Unit ~Dl
Virginia Beach, VA 23451
February 10, 2004
Virginia Beach Planning Commission
Municipal Center
Building 2, Room 215
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
re: Jeffiey KFrancis, Inc.
(# GO3-215-CUP-2003)
Application for Conditional
Use Permit for an off-site
parking lot located at
2149 Vista Circle
(GPTIN14898893040000)
Members of the Planning Commission:
The property located at 2140 Vista Circle is a 24 unit condominium and I am the owner
and occupant of one of the condominiums. Our property is situated across from the lot at
2149 Vista Circle that is the subject ofthis hearing and upon which I am told the
applicant plans to erect a two story building with a 2995 square foot footprint. As I
understand it, the building will house a restaurant.
The applicant seeks to obtain a conditional use permit which will allow him to utilize the
lot directly across from 2149 Vista Circle for additional parking, thus providing the
spaces necessary for compliance with applicable regulations dealing with restaurants.
I am aware of the Shore Drive Corridor Plan and of the Fisherman's Walk portion which
deals with development in the Vista Circle area. I find it commendable that the city is
making long range plans for responsible development of our community.
However, the plan for development of the parking facility has two features which I find
objectionable. First, there is no provision for the 15 foot landscaped setback, which I
understand is required when property such as this is located adjacent to residential
property. (Is there not also a requirement of a ] 0 foot setback from the street?)
Second, the present plans provide for only a gravel surface where clearly delineated
parking spaces cannot be provided. There are already two restaurants located on Vista
Circle, and while I do not object to a third, I am aware of the parking problem which
occurs every evening during the summer and on weekends throughout the year when
automobiles line up in front of the property being developed, waiting for valet parking at
Chick's Oyster Bar We have counted as many as 120 vehicles parked or waiting to be
parked in the two lots utilized by Chick's..
=
Ifthe Planning Commission does decide to act favorably of the applicant's request for a
conditional use permit, I hope that you will take my comments into consideration and
require that (1) the 15 foot and 10 foot setbacks provisions will be required, and.
(2) the applicant will be required to pave and stripe the 10~.
Thank you for your consideration. ~ (]
Lynanne Gornto '.J 0 (
1# I DATE I REQUEST I ACTION
1 See below
2 2-11-97 Conditional Use Permit (Communication Tower) Approved
12-11- Conditional Use Permit (Communication Tower) Approved
01
3 4-11-00 Subdivision Variance Approved
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 0 B F P, Inc. - (a) Change of Zoning District Classification (A-12 and R-10
to Conditional 1-1) and a (b) Modification of a Conditional Use Permit (approved
by City Council on June 23,1986)
MEETING DATE: April 27, 2004
.
Background:
(a) An Ordinance upon Application of 0 B F P, Inc. for a ChanQe of ZoninQ
District Classification from A-12 Apartment District and R-10 Residential District
to Conditional 1-1 Light Industrial District on property located at 700 South
Birdneck Road (GPIN 24166780780000). The Comprehensive Plan identifies
this site as being within the Primary Residential Area. DISTRICT 6 - BEACH
(b) An Ordinance upon Application of a B F P, Inc. for a Modification of a
Conditional Use Permit approved by City Council on June 23, 1986 (Aqua
Sports, Inc.). Property is located at 700 South Birdneck Road (GPIN
24166780780000). DISTRICT 6 - BEACH
.
Considerations:
The applicant wishes to rezone 6.945 acres of the site from R-10 Residential
District and A-12 Apartment District to Conditional 1-1 Light Industrial District for
the purpose of developing a light industrial office-warehouse park. This 6.945
acre site was excluded from a recent rezoning of the larger parcel to 1-1 Light
Industrial District. The applicant now desires to include this portion of the larger
parcel. Should the Rezoning request be approved, the modification of the
Conditional Use Permit will be necessary in order to eliminate the amusement
park land area from the site, reducing the park from 52.598 acres to 46.013
acres.
The proposed Conditional Rezoning is in keeping with the objectives of the
Comprehensive Plan for the area as the applicant has proffered landscaping,
tree protection and restoration, stormwater management, building materials and
colors, signage and lighting.
The proposed Conditional Rezoning is compatible with the airfield operations
surrounding NAS Oceana. The R-10 Residential and A-12 Apartment districts are
not compatible with the restrictive easements owned by the United States Navy
over the property. The proposed Conditional 1-1 Light Industrial is more suitable
OBFP
Page 2 of 2
for the site. The proffers adequately address those uses that would be
unacceptable for the site with regard to the air easements, and its proximity to
Owls Creek.
The Planning Commission placed the items on the consent agenda because the
requests are an addition to a previously approved proposal and are compatible
with surrounding land uses. Staff recommended approval. There was no
opposition to the requests.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve the requests, as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~j.~
City M'"'9"~' k. <:xJ .......
LO8-214-CRZ-2004
LO8-214-MOD-2004
0 8 F P, INC.
Agenda Items # 5 & 6
March 10, 2004 Public Hearing
Staff Planner: Faith Christie
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
(5)
Location and General Information
Chanqe of Zoninq District Classification from R-10
Residential District and A-12 Apartment District to Conditional
1-1 Light Industrial District.
(6)
Modification of a Conditional Use Permit for a recreational
facility of an outdoor nature - reduction in land area.
Property located
on the east side
of South
Birdneck Road,
900 feet south
of Bells Road
OBFP, INC.
Agenda Items # 5 & 6
Page 1
GPIN:
COUNCil
ELECTION
DISTRICT:
24166780780000
6 - BEACH
SITE SIZE:
6.945 acres
EXISTING
lAND USE:
The site is currently part of Ocean Breeze Festival Park. It is partially
wooded with some areas improved with gravel parking lots.
East:
. Woods 1 R-10 Residential
. Woods, a public elementary school and public
tennis courts 1 P-1 Preservation District
. Owls Creek and the Marine Science Museum 1 P-1
Preservation District
. South Birdneck Road
. Across South Birdneck Road is woods 11-1 Light
Industrial District
SURROUNDING North:
lAND USE AND South:
ZONING:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site is within the Owls Creek watershed.
AICUZ:
The site is in an AICUZ area of more than 75dB ldn surrounding
NAS Oceana. A small portion of the site adjacent to Birdneck Road is
in an Aircraft Accident Potential Zone (APZ) II.
Summary of Proposa
The applicant wishes to rezone 6.945 acres of the site from R-10 Residential District
and A-12 Apartment District to Conditional 1-1 Light Industrial District for the purpose of
developing a light industrial office-warehouse park. This 6.945 acre site was excluded
from a recent rezoning of the larger parcel to 1-1 Light Industrial District. The applicant
now desires to include this portion of the larger parcel. Should the Rezoning request be
OBFP,INC.
Agenda Items # 5 & 6
Page 2
approved, the modification of the Conditional Use Permit will be necessary in order to
eliminate the amusement park land area from the site, reducing the park from 52.598
acres to 46.013 acres.
The applicant proposes to combine this site with the larger site that was recently
rezoned to 1-1 Industrial and then subdivide the combined parcel into 17 lots, ranging in
size from 27,878 square feet to 4.21 acres. A storm water management facility is also
proposed for the site. Access to the sites will be via a roadway from Birdneck Road
along the northern portion of the property.
In keeping with several of the original conditions of the Conditional Use Permit for the
site the applicant proffered the following:
. All drainage improvements shall be designed to minimize runoff into Owls Creek
or its tributaries through the use of on-site storm water retention ponds and
grassed swales. Riprap shall be used at all outfalls.
. Trees shall be preserved on the property where possible. A tree protection plan
and planting plan shall be submitted to the Planning Director, or his designee, for
review before any clearing or development activity takes place.
. All lighting shall be low level and directed toward the interior of the property.
The applicant has also proffered the proposed building materials and colors, monument
style free-standing signs, and specific uses that will not be allowed on the site in order
to protect Owls Creek and its tributaries.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the recommendations of the Comprehensive Plan Map
recommendation for the area.
. Compatibility with the airfield operations surrounding NAS Oceana.
. Compatibility with the surrounding uses.
OBFP, INC.
Agenda Items # 5 & 6
Page 3
Comprehensive Plan
The Compreilensive Plan Map designates this area as part of the Primary Residential
Area.
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§107(h)(1 )). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
PROFFER # 3
PROFFE;:: # 4
Landscaping shall be installed in a thirty-foot (30) strip
along the Property's entire Birdneck Road street frontage.
All freestanding signs shall be brick monument style signs.
No neon lighting visible from Birdneck Road or the
proposed private roadways within the project shall be
permitted on the Property.
The buildings constructed on each of the proposed lots
shall have either brick, split-face block, or Dryvit as the
exterior surface of the front, with the remainder of the
building of the same material or, painted block or metal. All
exterior surfaces shall have an earth tone color.
Specific business uses that will not be allowed on the
Property are anything that would involve automotive repair
OBFP, INC.
Agenda Items # 5& 6
Page 4
PROFFEK # 5
PROFFER # 6
PROFFER # 7
PROFFER # 8
PROFFE? # 9
Staff Eva íua tion of
Proffers:
City Atto~:1ey's
and I or service, car wash facilities, heavy equipment sales
and service, personal watercraft rentals, or other type of
industrial use that involves the use or storage of
hazardous chemical or materials that could possibly cause
damage to Owls Creek and its tributaries due to accidental
runoff or contamination.
All drainage improvements shall be designed to minimize
runoff into Owls Creek or its tributaries through the use of
on-site storm water retention ponds and grassed swales.
Riprap shall be used at all outfalls.
Trees shall be preserved on the Property where possible.
A tree protection plan and planting plan shall be submitted
to the Planning Director, or his designee, for review before
any clearing or development activity takes place.
All lighting shall be low level and directed toward the
interior of the Property.
During the detailed site plan review conducted by Grantee,
Grantor shall cause a Traffic Impact Study of the impact of
the development of the Property on Birdneck Road to be
made, and, prior to the issuance of the first Certificate of
Occupancy for users of the Property, Grantor shall
substantially complete, or post a bond for the completion
of, any requirements on Birdneck Road at the entrance to
the Property as provided for in the Traffic Impact Study.
Further conditions may be required by the GRANTEE
during detailed Site Plan review and administration of
applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code
requirements.
The proffers are acceptable, as they address site
development pertaining to landscaping, tree protection and
storm water management. The proffers also limit the types
of use that will be allowed on the site, specify building
materials and colors, and address lighting and signage.
The City Attorney's Office has reviewed the proffer
OBFP, INC.
Agenda Items # 5 & 6
Page 5
Office:
agreement dated January 2, 2004, and found it to be
legally sufficient and in acceptable legal form.
" "d~'_"
Staff Evaluation
Staff recommends approval of this request.
Staffs evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the 'Major Issues' identified at the
beginning of this report. The proposal's strengths in addressing the 'Major Issues' are
(1) The proposed Conditional Rezoning is in keeping with the objectives of the
Comprehensive Plan for the area as the applicant has proffered landscaping,
tree protection and restoration, stormwater management, building materials and
colors, signage and lighting.
(2) The proposed Conditional Rezoning is compatible with the airfield operations
surrounding NAS Oceana. The R-10 Residential and A-12 Apartment districts are
not compatible with the restrictive easements owned by the United States Navy
over the property. The proposed Conditional 1-1 Light Industrial is more suitable
for the site. The proffers adequately address those uses that would be
unacceptable for the site with regard to the air easements, and its proximity to
Owls Creek.
Staff, therefore, recommends approval of this request.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable CitY Codes.
OBFP, INC.
Agenda Items # 5 & 6
Page 6
"...~~.,
Supplemental Information
Zonina History
I # I DATE
1
2 2-11-97
12-11-
01
3 4-11-00
REQUEST
See below
Conditional Use Permit (Communication Tower)
Conditional Use Permit (Communication Tower)
I ACTION
Approved
Approved
Subdivision Variance
Approved
Before October 1973 the site was zoned M-I 3 General Industrial District - recreational
uses required a conditional use permit - and R-D 2 Residence Duplex
OBFP, INC.
Agenda Items # 5 & 6
Page 7
10115173 - Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and
RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792
units and private boat slips
4117179 - Rezoning from R-5 Residential to B-2 Business
12117179 - Conditional Use Permit for miniature golf course
715183 - Conditional Use Permit for a recreational facility of an outdoor nature
5121184 - Conditional Use Permit for a recreational facility of an outdoor nature - a
recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach
pertaining to the conditions of the use permit (D.8.2339, PG. 0993)
6123186 - Conditional Use Permit for recreational facilities of an outdoor nature:
1. A 15 foot dedication along the frontage on South 8irdneck Road, 45 feet from the
centerline of the old 60 foot right-of-way as per the Master Street and Highway
Plan
2. Appropriately sized drainage easements are required along Owls Creek and it
tributaries impacting the site.
3. Dedication of a 100 foot treed buffer to be preserved in its present and natural
state without any clearing; and, to be zoned P-1 Preservation District. The width
of this buffer is to be measured 100 feet to the west from the mean high water
line beginning at the northern property line, running along Owl's Creek in a
south,vesterly direction and turning the corner at the tributary which divides on
Area 2 as designated on the Festival Park Plan submitted by Talbot and
Associates, dated May 6, 1986. This P-1 zoning shall be initiated prior to the site
plan aoproval. Re-vegetation will be subject to staff review.
4. All dranage improvements shall be designed to minimize runoff into Owls Creek
or its tributaries through the use of on-site storm water retention ponds and
grassed swales. Perimeter filter strips around all parking areas and porous
pave'Clent material for all surface-parking areas shall be required providing that
the underlying soil is suitable. Riprap shall be used at all outfalls.
5. Pedes¡rian access to the P-1 area should be limited to only the pedestrian
bridges and the "scenic overlook".
6. All lighting should be low level and directed toward the interior of the park.
7. Turn lanes and signalization shall be provided on South Birdneck Road as
appro'!ed by the City Traffic Engineer.
8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except
Memccial Day through Labor Day and on holidays and weekends, closing shall
be at'.4idnight.
OBFP,INC.
Agenda Items # 5& 6
Page 8
9. There will be no public address system other than for background music and
emergency announcements, no recreational use of Owls Creek associated with
this park and no outdoor concerts.
10.AII structures are to be limited in height to 35 feet or less.
11. There shall be no boating on Owls Creek.
12.Any significant change to this plan shall come before City Council for further
consideration.
8/27/87 - Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of
the Conditional Use Permit approved 6/26/86)
2/26/90 - Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use
Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the
Planning Commission):
9. A. There shall be no public address system other than for background music
and emergency operations.
B No recreational use of Owls Creek associated with this park.
C. f'\o rock concerts or loud music performances will be permitted.
DOne 300 seat outdoor stage to be used for family entertainment and limited
tc puppet shows, magic shows, and variety shows of approximately twenty
(20) minutes each.
E. -, :le facility shall face Birdneck Road or Motor World, away from Owls
Creek.
F. '-jours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except
'rom Memorial Day thru Labor Day and on holidays and weekends, closing
sl'all be at midnight, and
G. f'pproval for this stage shall be for a period of two (2) years.
4/23/90 - Re:::onsideration of Conditions 8 and 10:
Condition 8:
1. Aporcwed request to keep mechanical rides and other activities open daily (seven
days a week) from 10:00 a.m. until 12:00 Midnight.
2. Ap')rc::;'jed miniature golf, pizza restaurant and activities from Shipwreck Golf
Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday
and S,,¡urday only.
Condition 1 C
1. The ¡::r:Jposed mechanical rides shall be located in the area marked "future
deveioDment" on the submitted site plan adjacent to South Birdneck Road and
running east to the Shipwreck Golf. This does not include the aerial tram, which
is acceptable as shown on the site plan. Height limit shall be varied in this area
only.
OBFP, INC.
Agenda Items # 5 & 6
Page 9
2. A Board of Zoning Appeals variance is required for all structures exceeding the
35-fo,:1: height limitation, which may occur only in the area of Conditions 1 as,
desc:<~)ed above.
3. The ¡:;roposed tram is approved only for the route shown on the submitted site
pia;, dé.ted January 23,1 990, by Talbot and Associates. This route is parallel to
the ex sting roadway. The tram shall not be allowed to cross Owls Creek in any
other location.
4. Trees shall be preserved on the development site where possible. A tree
protec:on plan and planting plan shall be submitted to the City Arborist and
mec.or of the Virqinia Museum of Marine Science for review before any clearing
or é!ev9!opment activity takes place. The plan shall include a pre- and post-
déve':;:;ment tree inventory. This condition shall apply to al future development.
5. No mt;' orized rides or noise disturbing activities shall be operated after 12:00
MicnIC;;¡\'
6. Ai' oLler conditions shall remain the same.
6/11/91 - í~econsideration of Conditions placed on the Conditional Use Permit
approved 6/23/86 (Condition 9)
9. OIOOOí concerts may be held on the subject site in conjunction with the 1991
8'",c;-, Events Program. The concerts must conclude by 11 :00 p.m. All speakers
Sl- ,)9 oriented toward Birdneck Road or Motor World and away from Owls
C ,)8;; Aop'oval is for a period of one year.
11/26/91 - Kc.:onsideration of Conditions placed on the Conditional Use Permit
approve~ );;2,/86 (Conditions 9 and 10):
9, i:." There shall be no public address system other than for background music
¡jno emergency operations.
':0 recreational use of Owls Creek associated with this park.
'he outdoor concert stage shall not encroach into the trees area in the
ol-li ,Nest portion of the site. The concerts must conclude bv 11 :00 p.m.
¡he ctage and speakers shall be oriented away from Owls Creek. During
Je::;"ed site plan review the applicant shall engineer the stage to minimize
;ound in the Owls Creek area. Engineering plans must meet the approval
:1 (;1(; Director of Museums and the Planning Director.
'.oise shall be monitored and evaluated according to acceptable decibel
standards. (The acceptable level will be determined.)
"I, ihe proposed mechanical rides shall be located as shown on the site plan
,¡ated October 29, 1991, by Bruce B. Robinson Architect/Design. Height
::T1it,:ion will be varied in this area only.
OBFP, INC,
Agenda Items # 5& 6
Page 10
3. A Board of Zoning Appeals variance is required for all structures
exceeding the 35-foot height limitation which may occur only in the area of
Condition 10A as described below.
C ~he proposed tram is approved only for the route shown on the submitted
site plan dated January 31, 1990, by Talbot and Associates. This route is
;arai!el to the existing roadway. The tram shall not be allowed to cross
Jwls Creek in any other location.
é). Trees shall be preserved on the development site where possible. A tree
'Jrotection plan and planting plan shall be submitted to the City Arborist
::;nd Director of the Virginia Museum of Marine Science for review before
sny clearing or development activity takes place. The plan shall include a
:Jre- and post-development tree inventory. This condition shall apply to all
uture development.
f.::. :~o motorized rides or noise disturbing activities shall be operated after
. 2:0J Midnight.
4/14/92 - ~~çcQnsiGeration of Conditions placed on the Conditional Use Permit approved
6/23/86 (Cc:ldition 10):
10. A. The proposed mechanical rides shall be located as shown on the site plan
dated October 29, 1991, by Bruce B. Robinson ArchitecUDesign. The
';reposed Bungee Jumping Tower may be located north of the mechanical
-ides area, adjacent to the Strike Zone. Height limitation will be varied in
dle mechanical rides area and for the Bungee Jumping Tower only. The
:Jwe;hall be no more than 150 feet in height. Air-filled safety bags may
',e used instead of netting.
2/11/03 - C:.Jrditio;¡al Use Permit - Recreational Facility of an Outdoor Nature
(Amusems,; Park Racetrack) - Approved
4.
1.
\io rrotorized rides or noise disturbing activities shall be operated after
. 2:0C :v1idnight.
'he bilding shall be painted to match the existing color scheme of the
':~e: ;uildings in the Motorworld theme park.
Catej":ry IV plantings shall be installed along the western edge of the site
cutsi :) of the ultimate right of way for South Birdneck Road to serve as a
.:uffer along the roadway. Planting is encouraged to be innovative in
'erms Gf spacing and linear arrangement to allow the widest possible
'¡aria:::;n for visual enhancement while separating uses. A solid screen of
plantings is not necessary for this project. Plantings shall be installed prior
-0 a certificate of occupancy for the new racetrack building is issued.
site; ')Ian showing the new building location, the reconfiguration of the
.xis!-'~ racetrack and the Category IV plantings along the western edge
2.
3.
OBFP, INC.
Agenda Items # 5 & 6
Page 11
5.
::;f the site shall be submitted to the Development Services Center for
review and approval.
Ail conditions attached to the original use permit and all modifications shall
remain in effect.
1/13/2004 - C!lange of Zoning District Classification from R-10 Residential District, A-12
Apartment District a:ld B-2 Community-Business District to Conditional 1-1 Light
Industrial District and Modification of a Conditional Use Permittor a recreational facility
of an outdoor nature - reduction in land area - Approved. The following proffers are
attached to the Conditional Rezoning:
1. Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire
Birdneck Roc j street frontage.
2. All '[['a standi 'g signs shall be brick monument style signs. No neon lighting
vis:b:e from Birdneck Road or the proposed private roadways within the project
sh?!i be permitted on the Property.
3. The buildings constructed on each of the proposed lots shall have either brick,
spiHace block, or Dryvit as the exterior surface of the front, with the remainder
of he b:.;iidinc' of the same material or, painted block or metal. All exterior
suriaces sha' have an earth tone color.
4. Spedic busi: ess uses that will not be allowed on the Property are anything that
woulo involve automotive repair and 1 or service, car wash facilities, heavy
eQuipment Sé' es and service, personal watercraft rentals, or other type of
industrial use .hat involves the use or storage of hazardous chemical or materials
ti,;J.. COed po 3ibly cause damage to Owls Creek and its tributaries due to
8-;cicental ru"aff or contamination.
5. !\Ii j,ainage improvements shall be designed to minimize runoff into Owls Creek
0" . S trioc;tari,s through the use of on-site storm water retention ponds and
g: sseo ,'Has. Riprap shall be used at all outfalls.
6. T:-ces S':ê11 b preserved on the Property where possible. A tree protection plan
a:iai'tiilg Ian shall be submitted to the Planning Director, or his designee, for
rc.ew ¡:efore any clearing or development activity takes place.
7. A:cht':ç; sri be low level and directed toward the interior of the Property.
8. C. ":"9 t:le de ailed site plan review conducted by Grantee, Grantor shall cause a
T i1r,ac Study of the impact of the development of the Property on
B :r-ec:: Roc j to be made, and, prior to the issuance of the first Certificate of
C.;J3i'CY L " users of the Property, Grantor shall substantially complete, or
p ¡? :)o,.d j :- .he completion of, any requirements on Birdneck Road at the
Eê'lCò ~o t ,Property as provided for in the Traffic Impact Study.
9. F e¡- ~C1C :;ns may be required by the GRANTEE during detailed Site Plan
c:'\' ,'n:: a 'ilinistration of applicable City Codes by all cognizant City agencies
c' ',eD,,~:~~ lts to meet all applicable City Code requirements.
OBFP, INC.
Agenda Items # 5 & 6
Page 12
Master -'-'°é"ls')ortalm
Plan(~o?":":
Traffic Cül::
I Wale,
Public Aaencv Comments
Public Works
Birdneck Road in front of this site is a two-lane minor
suburban arterial roadway. There is a project in the
current Capital Improvements Program to widen this
road to a four-lane divided roadway with a bike path.
The applicant must consult with the Public Works CIP,
Real Estate and Traffic Divisions regarding proposed
right-of-way dedications and proposed easement
locations for the project. The project is scheduled to be
advertised for construction in September 2006.
Based upon anticipated traffic volumes to be generated
by the proposed industrial park a Traffic Impact Study
(TIS) will be required during detailed site plan review.
The TIS will address access issues associated with the
development, including right and left turn lanes, how
access is to be provided to the industrial park before
and after Birdneck Road is widened to a divided four-
lane roadway, and the potential need for a traffic signal
at the entrance to the industrial park.
ulations: Street Name Present Present Generated Traffic
Volume Capacity
Existing Land Use ¿
14,120 15,OOOADT -N/A
Birdneck Road ADT' '
Proposed Land
Use 3 - 2,020
Average Dally Tnps
, as defined by undeveloped site
3 as defined by 32 acre industrial park
Public Utilities
I Thirty-:nch, twelve-inch and eight-inch water mains exist in South
3irdneck Road in front of this site. The proposed development shall
I connect "00 City water. Hydraulic analysis plans and bonds are
requil-ed for construction of the water s stem.
OBFP, INC.
Agenda Items # 5 & 6
Page 13
Sewer:
Police:
-I A ten-;nch sanitary sewer main exists in Birdneck Road,
, apprc<imately 400-feet south of the site. The proposed development
shall connect to City sewer. Sewer analysis, pump station
calculations, plans and bonds are required for connection to the
sewer system. Developer pro-rata fees may apply due to the zoning
change.
Fire and Rescue:
Public Safety
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
strate ies as the ertain to this site.
Fire department issues will be examined during detailed
site Ian review.
OBFP, INC.
Agenda Items # 5 & 6
Page 14
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Exhibits
Exhibit A
Aerial of Site
Location
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OBFP, INC~
Agenda Items # 5 & 6
Page 15
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OBFP, INC.
Agenda Items # 5 & 6
Page 16
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OBFP, INC.
Agenda Items # 5 & 6
Page 17
Item #5 & 6
OBFP,Inc.
Change of Zoning District Classification
Modification of a Conditional Use Permit
700 South Birdneck Road
District 6
Beach
March 10, 2004
CONSENT
William Din: The second item that we have on consent is Item #5 & 6, which is OBFP,
Inc. This is a change in Zoning District Classification from A-12 Apartment District and
R-10 Residential District to Conditional I-I Light Industrial District on property located
at 700 South Birdneck Road.
Randy Royal: I'm Randy Royal. My business is Engineering Services, Inc., 3351
Stoneshore Road, Virginia Beach, representing the OBFP. We agree, of course with the
proffers that we've made for the rezoning.
William Din: Thank you. Is there any opposition to this being put on .the consent
agenda? If not, Mr. Ripley will explain again.
Ronald Ripley: Yes Mr. Din. This is an addition to a subdivision that was approved
through here, I believe within the last couple of months to change the zoning
classification from R-10 to Conditional I-I. It's part of the amusement park that exists,
but it's not really being utilized as such. It's really near the front of it. It's vacant land.
It's being added as part of industrial park. This is a compatible use with the
Comprehensive Plan. It's certain is compatible to Oceana, and their desires, but most of
all it's a good land use. We're recommending that it be put on the consent.
William Din: Thank you Mr. Ripley. Ms. Wood, I'd like to make a motion to approve
Item #5 & 6 OBFP, Inc.
Dorothy Wood: Thank you. Do I hear a second?
Robert Miller: Second.
Dorothy Wood: With the motion by Mr. Din, seconded by Mr. Miller we have approved
these consent items. The voting is open.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
AYE
AYE
AYE
AYE
Item #5 & 6
0 B F P, Inc.
Page 2
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, these items have been approved for consent.
Dorothy Wood: Thank you.
FORM NO. P.S. 18
City of Virgi:n..ia Beach
INTER-OFFICE CORRESPONVENCE
In Reply Refer To Our File No. DF.5879
DATE: March 26, 2004
FROM:
Leslie L. Lilley
William M. Macali Ov\
DEPT: City Attorney
TO:
DEPT: City Attorney
RE:
Conditional Zoning Application
OB FP,Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 13, 2004. I have reviewed the subject proffer agreement, dated
January 2,2004, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
Prepared by:
Jay F. Wilks, Esquire
Wilks & Alper, P.C.
700 Town Paint Center
150 Boush Street
Norfolk. VA 23510-1637
PROFFER AGREEMENT
THIS AGREEMENT, made as of this 2nd day of January, 2004, by and between 0 B F p, Inc., a
Virginia corporation, GRANTOR, hereinafter referred to as GRANTOR; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as GRANTEE.
WITNESSETH:
WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Beach District
of the City of Virginia Beach, containing approximately 6.945 acres and described in Exhibit "A" attached
hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and
WHEREAS. the GRANTOR has initiated a conditional amendment to the Zoning Map of the City
of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning
Classification of the Property from A-12 Apartment District to 1-1 Industrial District; and
WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses on and in
the area of the Property, and at the same time to recognize the effects of change that will be created by
the GRANTOR'S proposed rezoning, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the GRANTOR'S rezoning application gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the
public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with
respect to the Property, the following reasonable conditions related to the physical development,
operation, and use of the PropGrty to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
GPIN No. 24166780780000
NOW, THEREFORE, the GRANTOR, its successors and assigns, and other successors in title or
interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body
and without any element of compulsion or ill!lQ Q!Q ill!Q for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property. which shall be
binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its
successors and assigns, and other successors in interest or title:
1, Landscaping shall be installed in a thirty foot (30') strip along the Property's entire
Birdneck Road street frontage.
2. All freestanding signs shall be brick monument style signs. No neon lighting visible from
Birdneck Road or the proposed private roadways within the project shall be permitted on the Property.
3. The buildings constructed on each of the proposed lots shall have either brick, split-face
block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material
or, painted block or metal. All exterior surfaces shall have an earth tone color.
4. Specific business uses that will not be allowed on the Property are anything that would
involve automotive repair and/or service, car wash facilities, heavy equipment sales and service, personal
watercraft rentals, or any other type of industrial use that involves the use or storage of hazardous
chemical or materials that could possibly cause damage to Owls Creek and it tributaries due to accidental
runoff or contamination.
5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its
tributaries through the use of on-site stormwater retention ponds and grassed swales. Rip rap shall be
used at all outfalls.
6. Trees shall be preserved on the Property where possible. A tree protection plan and
planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing
or development activity takes place.
7. All lighting should be low level and directed toward the interior of the Property.
8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic
Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior
to the issuance of the first certificate of occupancy for users of the Property, Grantor shall substantially
complete, or post a bond for the completion of, any required improvements on Birdneck Road at the
entrance to the Property as provided for in the Traffic Impact Study.
9. Further conditions may be required by the GRANTEE during detailed Site Plan review
and administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable city Code requirements.
2
All references hereinabove to A-12 and 1-1 Districts and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of
Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are
by this reference incorporated herein.
The above conditions, having been proffered by the GRANTOR and allowed and accepted by the
GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until
a subsequent amendment changes the zoning of the Property and specifically repeals such conditions.
Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or substantially revised
Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or
varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a
certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a
public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-
2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall
be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all
necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia. to administer
and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting
proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made
readily available and accessible for pubic inspection in the office of the Zoning Administrator and in the
Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE.
3
WITNESS the following signature and seal:
GRANTOR:
0 B F P, INC., a Virginia corporation
~/~
Michael F. Gelardi
Vice President
,
~ (SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2nd day of January, 2004, by
Michael F. Gelardi, Vice President of 0 B F P, Inc., a Virginia corporation, on behalf of said corporation.
(\o-VL M. r~
, Notary Public
My Commission Expires:
11.31. 0(0
Z,'08FP.INClPro'",'2."'"
4
EXHIBIT "A"
BEGINNING AT A POINT on the southeast corner of Parcel 3 at its intersection with the northerly right of
way line of South Birdneck Road and the northwest corner of Parcel 2 as shown on plat entitled
"RESUBDIVISION OF OCEAN BREEZE FESTIVAL PARK (M.B. 105, PG. 44) (M.B. 189, PG. 31) (D.B.
2803, PG. 205) VIRGINIA BEACH. VIRGINIA" dated January 27, 2000 and recorded in the Clerks Office of
the Circuit Court of Virginia Beach, Virginia in Map Book 284, page 7. HAVING THUS ESTABLISHED THE
POINT OF BEGINNING: thence along the northerly right of way line of South Birdneck road the following
courses and distances North 34'49'54"West a distance of 357.74' to a point; thence with a curve along a
curve to the right with an arc length of 275.00', with a radius of 1098.00', with a chord bearing of North
27'39'23"West , with a chord length of 274.28', thence ieaving the northerly right of way line of South
Birdneck road North 82'05'36"East a distance of 703.63' to a point: thence South 07'53'40"East a
distance of 51.39' to a point; thence South 02'22'25"East a distance of 275.83' to a point; thence South
03'32'27"West a distance of 176.54' to a point: thence South 88'31'46"West a distance of 71.98' to a
point; thence with a curve along a curve to the left with an arc length of 60.43'. with a radius of 148.17'. with
a chord bearing of South 78'47'55'West . with a chord length of 60.01', thence South 64'10'16"West a
distance of 268.93' to a point: which is THE POINT OF BEGINNING.
The above described parcel contains 6.945 acres
M.
APPOINTMENTS
BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical
(b )Building Maintenance
HEALTH SERVICES ADVISORY BOARD
OPEN SPACE COMMITTEE
PUBLIC LffiRARY BOARD
1. Amend Virginia Beach Code Section 17-3
2. Change Membership to reflect two (2) Students
3. Add a Representative of the Schools to the membership
TOWING ADVISORY BOARD
N.
UNFINISHED BUSINESS
o.
NEW BUSINESS
P.
ADJOURNMENT