HomeMy WebLinkAboutJUNE 22, 2004 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E OBERNDORF, AI-iA'.'
VICE MAYOR LOUIS R. JONES, Bay,'d, - D~h"'"
HARRY E DIEZEL K,mp"iJi, - D~h""]
MARGARET L. WRE, C..tendli, - Dish"ct !
REBA S. M,CLANAN, Ro" Hali - Dish"" 3
RICHARD A. MADDOx. B.a,h - D"h",/6
JIM REEVE, M.""An",-Dish"" 7
PETER W. SCHMIDT AI-La'.'
RON A. VlUANUEVA, AI-iA,.,
ROSEMARY WILSON, AI-La'.'
JAMES L. WOOD, Ly..ho". -D"h"" 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUIWING
2401 COURTHOUSEDRlVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE,(757) 427-4303
FAX (757) 426-5669
E- MAIL.- Ctycncl@vbgov.com
CITY MANAGER -JAMESK SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
22 June 2004
L
CITY COUNCIL BRIEFING
- Conference Room-
3:00P.M.
A,
MINORITY BUSINESS COUNCIL ANNUAL REPORT
Councilman Ron A. Villanueva
IT,
CITY MANAGER'S BRIEFING
A.
WORKFORCE PLANNING and DEVELOPMENT
Fagan Stackhouse, Director, Human Resources
ill.
REVIEW OF AGENDA ITEMS
IV.
CITY COUNCIL COMMENTS
V.
INFORMAL SESSION
- Conference Room-
4:30PM
A.
CALL TO ORDER - Mayor Meyera E, Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber-
6:00PM
A.
B.
c.
D.
E.
F.
G.
CALL TO ORDER - Mayor Meyera E, Oberndorf
INVOCATION:
Reverend Tom Conant
Christian Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
June 8, 2004
AGENDA FOR FORMAL SESSION
H.
CONSENT AGENDA
I.
PUBLIC HEARING
1.
FY 2004-05 SCHOOL OPERATING BUDGET
Proposed Amendment and Supplemental Appropriation
J.
0 RDINAN CESIRESO L UTI 0 NS
1.
Ordinances to AMEND and REORDAIN the City Code to reflect recent General
Assembly legislative changes to the state law effective July I, 2004:
a.
Chapter 2, §§ 2-108 and 2-132 re employment probation period of certain public
safety employees.
Deferred June 8, 2004
b.
Chapter 23, §23-45,1 re unlawful filming of a nonconsenting person 18 years of
age or older
3.
c.
Chapter 7, §§ 7-47, 7-49 and 7-50, re operation of bicycles, electric power-
assisted bicycles and mopeds
d,
§ 38-1 re possession of a concealed weapon
e,
Chapter 21, §§ 21-2, 21-19, 21-231, 21-237, 21-295, 21-299, 21-314, 21-316.1,
21-321.2,21-244,21-377 and 21-464 and ADDING § 21-202.1, re traffic
regulations effecting the operation of bicycles and mopeds; increasing fines
associated with the Traffic Calming Program; increasing fees collected under the
DUl cost recovery program; allowing for suspension of a driver's license for
persons convicted of aggressive driving; defining "shielded or screened fÌom
view" in the context of inoperable vehicles; requiring crossing guards to use hand-
held stop signs; and, specifYing fines for running a red light.
2.
Ordinances pertaining to the Resort Advisory Commission (RAe)
a.
AMEND and REORDAIN § 2-6 of the City Code re By-laws
b.
APPROVE amendments to the By-laws
Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341
in State funds, $10,680,633 previously funded, and REVISE appropriations to reallocate
$3,875,708 other funds to the various categories of the School operating and capital
budgets.
4.
Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of
Release and Exchange of an Agricultural Lands Preservation (ARP) easement consisting
of three (3) acres on Hungarian Road owned by Matthew J. Stuebe and Clarita
Cothran,
5.
Ordinance to APPOINT three Viewers for one-year terms, beginning July 1, 2004, re
closures of City streets and alleys.
6.
Ordinance to AUTHORIZE the City Manager to execute a Cost Participation
Agreement with KGS Construction Company re construction of road
improvements along Stumpy Lake Lane and Archdale Drive and to ACCEPT
dedicated property fÌom Tate Terrace Realty Investors, Inc. for these improvements.
7.
Ordinance to APPROVE modifications to Phase IT Project Documents re construction
of a public parking garage by Town Center Associates, L.L.C. to be purchased by the
Virginia Beach Development Authority (VBDA) and increase the acquisition amount up
to $248,000 for safety improvements and remediation of unanticipated bad soil
conditions. These modifications require the Developer to release the Theatre parcel fÌom
the Option Agreement by October 1, 2004.
8.
Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
rights-of-way at Virginia Beach Boulevard and Constitution Drive to construct and
maintain in-ground lighting and irrigation by TowneBank and DIRECT the City
Manager to execute the appropriate documents.
(DISTRICT 5 - L YNNHA VEN)
9,
10.
11.
12.
13.
Ordinance to APPROPRIATE $861,101 fÌom the Virginia Department of
Transportation (VDOT) re roadway resurfacing and neighborhood storm water
drainage.
Ordinance to ACCEPT and APPROPRIATE $108,630 fÌom the United States
Department of Housing and Urban Development (HUD) Section 8 funding to the FY
2003-04 operating budget of the Department of Housing and Neighborhood Preservation
re housing voucher assistance for rental payments.
Ordinance to APPROPRIATE $80,000 fÌom the General Fund to provide a four-year
interest-free loan to the Plaza Volunteer Rescue Squad re purchase of a new
ambulance.
Ordinance to APPROPRIATE $47,550 fÌom the Wetlands and Coastal Primary Sand
Dune Zoning and Chesapeake Bay Preservation ordinance violation charges to the FY
2003-04 operating budget of the Department of Agriculture re wetlands and coastal
primary sand dune restoration and enhancement projects.
Resolution to AUTHORIZE and DIRECT the City Manager to execute the Urban
System Construction Program Administration Agreement with the Virginia Department
of Transportation (VDOT) re the urban highway construction program.
K.
PLANNING
1.
Applications for the discontinuance. closure and abandonment of a portion of Jersey
Avenue to its intersection with Virginia Beach Boulevard vacating internal lot lines to
create one unified parcel.
(DISTRICT 2 - KEMPSVILLE)
a.
CORNELIUS F. and ANTONINA S. BOYNTON, JR.
b.
LOPE B. and MERCY PILE
Recommendation:
APPROVAL
2.
Application of HELEN L. SCOTT for a Conditional Use Permit re family day care in
an existing single family dwelling at 646 Garfield Avenue.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
L.
M.
N.
O.
Agenda 6124'O4\gw
www,vbgov.com
3.
Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment
specializing in auto parts and undefined future expansion.
(DISTRICT 7 - PRINCESS ANNE)
a.
Chan~e ofZonin~ District Classification fÌom AG-I and AG-2 Agricultural Districts
to Conditional B-2 Community Business District at 4164 West Neck Road near
Princess Anne Road.
b,
Modification of Conditions re a Conditional Use Permit (approved by City Council
on November 24, 1998, in behalf ofMr. and Mrs. Philip Wayne Murden, Jr.).
Recommendation:
Applicant and Staff Request DEFERRAL to July 13, 2004
APPROVAL
4.
Applications of HAC PROPERTIES, L.L.C. at 1771 Princess Anne Road.
(DISTRICT 7 - PRINCESS ANNE)
a.
Chan~e of Zonin~ District Classification fÌom AG-2 Agricultural District to
Conditional B-2 Community Business District.
b.
Conditional Use Permit for a self storage facility
Recommendation:
APPOINTMENTS
ARTS and HUMANITIES COMMISSION
CHESAPEAKE BAY PRESERVATION AREA BOARD
HEALTHSERV~ESBOARD
HUMAN RIGHTS COMMISSION
SOCIAL SERVICES BOARD
WETLANDS BOARD
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
** * * * * * * * *
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)
***********
I.
CITY COUNCIL BRIEFING
- Conference Room-
3:00P.M.
A.
MINORITY BUSINESS COUNCIL ANNUAL REPORT
Councilman Ron A. Villanueva
IT.
CITY MANAGER'S BRIEFING
A.
WORKFORCE PLANNING and DEVELOPMENT
Fagan Stackhouse, Director, Human Resources
llI.
REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
v.
INFORMAL SESSION
- Conference Room-
4:30PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
- Council Chamber -
VI. FORMAL SESSION
A.
B.
C.
D.
E.
F.
G.
H.
6:00PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION:
Reverend Tom Conant
Christian Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
June 8, 2004
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
1Brønluttnu
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 bes! 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.
1.
PUBLIC HEARING
1.
FY 2004-05 SCHOOL OPERATING BUDGET
Proposed Amendment and Supplemental Appropriation
NOTICE OF PUBUC HEARING
Amendment to tile FY 2004-05 Operating Budget:
Supplemental Appropriation 01 $14,5S6.341 In S1ate Revenue to tile
School Operating Budget and Capital Projects
On Tuesday, June 22, 2004 at 6 P.M., tile Virginia Beach City Coun-
cil will hold a Public Hearing in the Council Chamber of the City Hall
Building. 2401 Courthouse Drive. Virginia Beach. Virginia, on a pro-
posed amendment to the FY 20()4{)5 Operating Budget re supplemen-
tal appropriations of $14,556,341 from additional State revenue to
the School Operating Budget in the categories of Instruction, Opera-
tions, Maintenance and Pupil Transportation. Proposed capital
projects include: Aitemative Education Facility - Phase I; Consolidated
VIrginia Beach Middle/Kemps Landing Magnet High School Addition -
Phase I. and Phase II; Eiementary School 2007; and School Bus
Garage Facmty Renovation/Expansion. A copy of the proposed ord~
nance providing details about the appropriation for each project and
category is on file in the City Clerk's Office.
Individuals desiring to provide oral or written comments may do so by
contacting the City Clerk's office at 427-4303 or appearing at the
Hearing. If you are physically disabled, or hearing or visually impaired.
or you need assistance at this meeting, please call 427-4305
Voice/TOO,
Beacon June 13. 2004
Ruth Hodges Smith. MMC
City Clerk
11561631
J.
0 RD IN AN CESIRESO L UTI ONS
3.
6.
1.
Ordinances to AMEND and REORDAIN the City Code and to reflect recent General
Assembly legislative changes to the state law effective July 1, 2004:
a.
Chapter 2, §§ 2-108 and 2-132 re employment probation period of certain public
safety employees.
Deferred June 8, 2004
b.
Chapter 23, §23-45.1 re unlawful filming of a nonconsenting person 18 years of
age or older
c.
Chapter 7, §§ 7-47, 7-49 and 7-50, re operation of bicycles, electric power-
assisted bicycles and mopeds
d.
§ 38-1 re possession of a concealed weapon
e.
Chapter 21, §§ 21-2, 21-19, 21-231, 21-237, 21-295, 21-299, 21-314, 21-316.1,
21-321.2,21-244,21-377 and 21-464 and ADDING § 21-202.1, re traffic
regulations effecting the operation of bicycles and mopeds; increasing fines
associated with the Traffic Calming Program; increasing fees collected under the
DUl cost recovery program; allowing for suspension of a driver's license for
persons convicted of aggressive driving; defining "shielded or screened fÌom
view" in the context of inoperable vehicles; requiring crossing guards to use hand-
held stop signs; and, specifying fines for running a red light.
2.
Ordinances pertaining to the Resort Advisory Commission (RAe)
a,
AMEND and REORDAIN § 2-6 ofthe City Code re By-laws
b.
APPROVE amendments to the By-laws
Ordinance to AMEND the FY 2004-05 operating budget; APPROPRIATE $14,556,341
in State funds, $10,680,633 previously funded, and REVISE appropriations to reallocate
$3,875,708 other funds to the various categories of the School operating and capital
budgets.
4.
Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Deed of
Release and Exchange of an Agricultural Lands Preservation (ARP) easement consisting
of three (3) acres on Hungarian Road owned by Matthew J. Stuebe and Clarita
Cothran.
5,
Ordinance to APPOINT three Viewers for one-year terms, beginning July 1, 2004, re
closures of City streets and alleys.
Ordinance to AUTHORIZE the City Manager to execute a Cost Participation
Agreement with KGS Construction Company re construction of road
improvements along Stumpy Lake Lane and Archdale Drive and to ACCEPT
, Tn.. fnr th"." '
7.
8.
9.
10.
11.
12.
13.
Ordinance to APPROVE modifications to Phase IT Project Documents re construction
of a public parking garage by Town Center Associates, L.L.C. to be purchased by the
Virginia Beach Development Authority (VBDA) and increase the acquisition amount up
to $248,000 for safety improvements and remediation of unanticipated bad soil
conditions. These modifications require the Developer to release the Theatre parcel fÌom
the Option Agreement by October 1,2004,
Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's
rights-of-way at Virginia Beach Boulevard and Constitution Drive to construct and
maintain in-ground lighting and irrigation by TowneBank and DIRECT the City
Manager to execute the appropriate documents.
(DISTRICT 5-LYNNHAVEN)
Ordinance to APPROPRIATE $861,101 fÌom the Virginia Department of
Transportation (VDOT) re roadway resurfacing and neighborhood storm water
drainage.
Ordinance to ACCEPT and APPROPRIATE $108,630 fÌom the United States
Department of Housing and Urban Development (HUD) Section 8 funding to the FY
2003-04 operating budget of the Department of Housing and Neighborhood Preservation
re housing voucher assistance for rental payments.
Ordinance to APPROPRIATE $80,000 fÌom the General Fund to provide a four-year
interest-free loan to the Plaza Volunteer Rescue Squad re purchase of a new
ambulance.
Ordinance to APPROPRIATE $47,550 fÌom the Wetlands and Coastal Primary Sand
Dune Zoning and Chesapeake Bay Preservation ordinance violation charges to the FY
2003-04 operating budget of the Department of Agriculture re wetlands and coastal
primary sand dune restoration and enhancement projects.
Resolution to AUTHORIZE and DIRECT the City Manager to execute the Urban
System Construction Program Administration Agreement with the Virginia Department
of Transportation (VDOT) re the urban highway construction program.
June 8, 2004
VICE MAYOR JONES: Madam Mayor, under the Consent Agenda, I
would like to move for approval under
Ordinances and Resolutions, Item J.1. Ordinances to Amend and
Reordain the City Code: Paragraphs 28-28, 28-29, 28-30, 28-31,
32.5-2, 32.5-4, 32.5-5, 32.5-6, 37-16, 37-53 and 37-54 re water,
sewer and stormwater fees by revising provisions for billing, payment
and interest on late payments with the revisions that were outlined
by Mr. Wood to Line 78, 79 and 80.
Item 1B for deferral for two weeks, which is Paragraph 2-108 and
2-132 re probation period of certain 9-1-1 Emergency Communication
Employees.
So moved, Madam Mayor.
COUNCILMAN REEVE:
Second.
Agenda.
Thank you. There is a motion for those
Items that were read as part of the Consent
Are we ready for the question?
MAYOR OBERNDORF:
CITY CLERK: By a vote of 11 to 0, with the exception of
Number 4 on Planning, Mr. Jones and Mr. Wood
voting with an abstention; you have approved the Consent Agenda as
read by the Vice Mayor.
4
June 8, 2004
MAYOR OBERNDORF:
Mr. Meyer
VICE MAYOR JONES:
Do you need to have this done right away,
Mr. Meyer?
There is no hurry on this one, no. We had
been considering doing the EMS workers, but
did not bring that forward.
CHARLES MEYER:
The primary reason for this similar to Police and Fire is that the
training-in period for Police Academy and Fire Academy frequently
takes a candidate well beyond the six-months and you never get to see
their job performance. That's one of the reasons why these
workers -- initially our thoughts were whether the EMS workers would
come on fully trained initially and be able to operate right from the
beginning.
So, the rationale would be different for the EMS workers. However,
there may still be some rationale for the EMS workers. We can either
move ahead with this one and bring the EMS workers back at a later
time or defer this one.
VICE MAYOR JONES:
Let's wait.
Defer it for two weeks.
MAYOR OBERNDORF:
It would be June the 22nd.
VICE MAYOR JONES:
For two weeks, Jim.
FORMAL SESSION
MAYOR OBERNDORF:
Now, Mr. Jones, we'll go back to the Consent
Agenda.
3
June 8, 2004
INFORMAL SESSION
VICE MAYOR JONES: Item B, Paragraph 2-108 and 2-132 re
probation period of certain 9-1-1 Emergency
Communication Employees. Does anybody have any questions or
comments?
COUNCILMAN DIEZEL:
Yeah.
VICE MAYOR JONES:
Mr. Diezel.
COUNCILMAN DIEZEL: Louis, I'm surprised we didn't add our new
level of employees in the EMS service
because of the shift hours they work.
I recommend to Council that it be the same as these workers in our
standard public safety force, which is 12 months.
VICE MAYOR JONES:
All right. To do that we have to change the
Ordinance, I think. Don't we, Mr. Lilley?
CITY ATTORNEY:
Yes, sir.
VICE MAYOR JONES: Do you want to hold it or do you want to do
this tonight and then revise it after they
pull it together, Harry, or what do you want to do?
COUNCILMAN DIEZEL:
Whatever the Council so desires.
There is
no rush on this that I'm aware of.
VICE MAYOR JONES:
All right. Why don't we defer this for a
week and then we can --
2
Virginia Beach City Council
June 8, 2004
6:00 p.m.
CITY COUNCIL:
Meyera E. Oberndorf,
Vice Mayor R. Jones
Harry E. Diezel
Margaret L. Eure
Reba S. McClanan
Richard Maddox
Mayor
At-Large
Bayside - District 4
Kempsville - District 2
Centerville District 1
Rose Hall - District 3
Beach - District 6
Jim Reeve
Peter W. Schmidt
Princess Anne - District 7
At-Large
At-Large
At-Large
Lynnhaven
- District 5
Ron Villanueva
Rosemary Wilson
James L. Wood
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
VERBATIM
Ordinance to Amend and Reordain the City Code re: Probation
period of certain 9-1-1 Emergency Communication Employees
1
-19 -
Item J.J.b..
0 RDINANCESIRESOL UTION
ITEM # 52669
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the
City Council Session of June 22, 2004:
Ordinance to AMEND and REORDAIN the City Code:
b, §§2-108 and 2-132 re probation period of certain 9-1-1
Emergency Communication Employees
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. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 8, 2004
(~)
"-
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-108
AND 2-132 OF THE CITY CODE PERTAINING TO CERTAIN
PUBLIC SAFETY EMPLOYEES
MEETING DATE: June 22, 2004
. Background: Currently, the probation period for City employees other than
sworn police and fire personnel is six months. Sworn police and fire personnel have a
twelve-month probation period. This ordinance would extend the probation period of
9-1-1 Emergency Communications officers (Communications Officer I, II, and III) and
supervisors (Communications Supervisor), as well as emergency medical services
employees, from six months to twelve months. This change will make all public safety
employees subject to the same probation period.
The primary difference between a probational employee and a permanent
employee is the extent to which a probational employee may utilize the grievance
process. Probational employees may grieve an employment decision to their supervisor
and their department director, but they are not entitled to appeal to the personnel board.
Probational employees also are not entitled to grieve dismissals.
At the June 8, 2004, Council meeting, this item was deferred to evaluate and
bring back a proposal to include EMS employees. In evaluating this issue with the
public safety department directors, a proposal was brought forth to have the probation
period extend for six months beyond the completion of training, rather than twelve
months from the date of employment. The training periods for all four public safety
departments vary considerably. The Police Department probation period can be as long
as 9 - 10 months, leaving only 2-3 months for actual on-the-job observation. Setting a
probation period of six months from the completion of training would allow for six
months of on-the-job evaluation, which would be internally consistent within public
safety departments and consistent with other City employees.
This proposal is believed to have merit, however, staff is requesting an additional
deferral to July 6, 2004, to ensure it is both administratively and legally feasible.
. Considerations: A survey of local govemments in the Commonwealth reveals
that a probation period of more than six months for public safety employees is a
common practice. For example, Norfolk, Chesapeake, Portsmouth, and Suffolk all have
a twelve-month probation period for these employees.
. Public Information:
Council agenda process.
Public information will be handled through the normal
.
Attachment: Ordinance.
Recommended Action: Deferral to July 6. 2004.
Submitting Department/Agency: Communications and Information Technology
Emergency Medical Services
City Manager: ~ ~. ~
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
1
2
3
4
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 2-108 AND 2-132 OF THE CITY
CODE PERTAINING TO THE PROBATION PERIOD
OF CERTAIN PUBLIC SAFETY EMPLOYEES
5
SECTIONS AMENDED: §§ 2-108 AND 2-132
6
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7
VIRGINIA:
8
Sections
are
hereby
2-108
That
and
2-132
of
City
the
Code
9
amended and reordained to read as follows:
Sec. 2-108.
Probation period of employment.
The
probation
as
the
period
employees
shall
defined
for
be
ini tial six
( 6)
calendar months of employment following an original
employment
The probation period for sworn police
or re-employment.
and
fire
emergency
personnel,
services
medical
patient
care
providers,
and
9-1-1
communications
officers
and
emergency
supervisors
shall
be
twelve
(12)
of
employment
calendar
months
following
original
employment
re-employment.
However,
the
an
or
probation period for all probation employees shall be extended one
(1 )
pay period for every fifteen
(15)
consecuti ve calendar days a
probation employee is on injury leave, suspension, leave without pay,
or
sick
upon
leave
salary
which
status.
Any
change
may
occur
completion of the probation period shall not become effective until
the first day of the pay period following such completion.
Comment:
This amendment will extend the probation period of 9-1-1 Emergency Communications Division
officers and supervisors and Emergency Medical Services patient care providers from six months to twelve
months.
27
Sec. 2-132.
Eligibility to utilize grievance procedure.
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
(a)
Except as provided in subsection (b), all city employees who are
members of the merit service,
as defined in section 2-76,
and
all employees of the constitutional offices
(excluding elected
officials) by written consent of the elected official,
shall be
eligible to utilize all phases of the grievance procedure set
forth herein.
(b)
Notwithstanding
provisions
of
subsection
(a) ,
employees
the
(excluding elected officials)
who are employed on a temporary,
probational, or seasonal basis shall be eligible to utilize such
procedure only up to and including step 3 (department director);
provided, however, that at no time shall an employee employed on
a temporary, probational, or seasonal basis be allowed to appeal
a dismissal.
For the purpose of this subsection,
a probational
employee shall be defined as an employee who has yet to complete
the ini tial six
(6) months of employment with the city
(or the
hourly equivalent for part-time employees),
with the exception
of
policeL
~
fire,
medical
services,
and
9-1-1
emerqency
emerqency communications positions,
as provided for in Section
2-108, in which designated employees serve a one-year initial
probationary period which follows any original employment or re-
employment.
50
Comment:
51
52
53
This amendment cross-references the change in probation period for 9-1-1 Emergency
Commnnications Division officers and snpervisors and Emergency Medical Services employees.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of June, 2004.
APPROVED AS TO CONTENT:
APPROVED AS
SUFFICIENCY:
TO
LEGAL
~re~Info=ôuon
;e~
City Attorney's~
Technology
APPROVED AS TO CONTENT:
b~J~
Emergency Medical Services
CA-9263
R-4
June 15, 2004
GG/Agency Rep/Ords/Proposed/02-10BORD.doc
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE
PERTAINING TO UNLAWFUL FILMING
MEETING DATE: June 22, 2004
. Background: Until July 1, 2004, filming any un consenting person is a Class I
misdemeanor. On July 1, 2004, state law changes to provide that filming an
unconsenting person under the age of 18 becomes a Class 6 felony.
. Considerations: Making these changes to the City Code will allow these City
Code sections to continue to parallel the State Code when its new provisions go into
effect on July 1, 2004. Because illegally filming minors is a felony, it will not be
addressed in the City Code.
. Public Information: This ordinance will be publicized in the same manner as
other general agenda items.
.
Recommendations: Approval
.
Attachments: Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: POliceØ
COy M,"n""~ l. ÒQ7--
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23
OF THE CITY CODE PERTAINING TO UNLAWFUL
FILMING
SECTION AMENDED: §23-45.l
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section
of
the
City
Code
is
amended
That
hereby
and
13
reordained, to read as follows:
14
15
Sec. 23-45.1.
Unlawful fi~ing, videotaping o~ photog~aphing of
16
anothe~.
17
It shall be unlawful for any person to videotape,
(a)
18
photograph or film any nonconsenting person 18 years of age or
19
older if (i) that person is totally nude, clad in undergarments,
20
or in a state of undress so as to expose the genitals, pubic
21
area, buttocks or female breast in a restroom, dressing room,
22
locker room, hotel room, motel room, tanning booth, bedroom or
23
other location and (ii) the circumstances are otherwise such that
24
the person being videotaped, photographed or filmed would have a
25
reasonable expectation of privacy.
26
(b)
This section shall not apply to filming, videotaping or
27
photographing by (i) law-enforcement officers pursuant to a
28
criminal investigation which is otherwise lawful,
(ii)
29
correctional officials and local or regional jail officials for
30
security purposes or for investigations of alleged misconduct
31
involving a person committed to the Department of Corrections or
32
to a local or regional jail, or to any sound recording of an oral
1
33
conversation made as a result of any videotaping or filming
34
pursuant to chapter 6 (§ 19.2-61 et seq.) of title 19.2 of the
35
Code of Virginia.
36
37
38
39
40
41
42
43
COMMENT
state law has been amended to provide that unlawfully filming minors is a
felony. The City Code is therefore amended to address the misdemeanor
offense of a nonconsensual filming of adults.
Adopted by the City Council of the City of Virginia Beach,
44
Virginia, on this
day of
, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~fic~
CA-9295
H:\PA\GG\ORDRES\Misc Offenses 23.45-1 ORD.doc
R3-
June 14, 2004
2
i1
:>; .,.
~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE
PERTAINING TO BICYCLES, ELECTRIC POWER ASSISTED
BICYCLES AND MOPEDS
MEETING DATE: June 22,2004
.
Background: The 2004 General Assembly passed several new traffic laws
concerning the operation of bicycles, mopeds, and electric power-assisted
bicycles. These changes are reflected in the proposed changes to Chapter
Seven of the City Code. The State Code changes go into effect July 1, 2004.
.
Considerations: Making these changes to the City Code will allow these City
Code Sections to continue to parallel the State Code when its new provisions go
into effect on July 1, 2004.
Public Information: This ordinance will be publicized in the same manner as
other general agenda items.
.
Recommendations: Approval.
.
Attachments: Ordinance.
Recommended Action: Approve ordinanc~...../
Submitting Department/Agency: POIiC~
City Manager: ~ )c, ~Z1<""1..
H/PA/GG/ORDsREsn-47 et alARF
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY
CODE PERTAINING TO BICYCLES, ELECTRIC POWER-
ASSISTED BICYCLES AND MOPEDS TO REFLECT RECENT
STATE LAW CHANGES
SECTIONS AMENDED: §§ 7-47, 7-49, and 7-50,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 7-47, 7-49, and 7-50 of the City Code are hereby
13
amended and reordained to read as follows:
14
Sec. 7-47.
Lights and reflectors.
15
(a)
Every bicycle, electric power-assisted bicycle and moped
16
when in use between sunset and sunrise shall be equipped with a
17
lamp on the front which shall emit a white light visible in clear
18
weather from a distance of at least five hundred (500) feet to the
19
front and ~ a red reflector on the rear of a type approved by
20
the superintendent ",¡hieh Dhall be -...iaible from 0.11 diatanees in
21
clear \leather from fifty (SO) feet to three hundred (300) feet to
22
the rear \/hen directly in front of la",;ful upper beamo of he¡¡,dlampo
23
on ¡¡, motor vehicle. A lamp emitting a red light visible in ele¡¡,r
24
\;eather from a distance of fhe hundred (500) feet to the rear m:1Y
25
be uDed in lieu of or in addition to the red reflector visible from
26
a distance of at least 600 feet to the rear when directly in front
27
of lawful lower beams of headlights on a motor vehicle.
Such
28
lights
types
and
reflectors
shall
be
of
approved
by
the
29
Superintendent.
30
31
32
33
34
(b)
Every bicycle, electric power-assisted bicycle and moped
when in use between sunset and sunrise shall be equipped with
reflective material of
sufficient
size and reflectivity to be
visible from both sides for six hundred (600) feet, when directly
in front of lawful lower beams of headlamps of a motor vehicle, or
35
in lieu of such reflective material, with a lighted lamp visible
36
from both sides from a distance of at least five hundred (500)
37
feet.
38
(c)
In addition to the foregoing provisions of this section,
39
a bicycle or its rider may be equipped with additional lights,
40
burning or blinking or reflectors.
41
COMMENT
42
43
44
45
46
47
48
49
This amendment requires the rider of a bicycle, electric power-assisted bicycle or moped to use a
light visible 600 feet from the rear during the evening. This amendment also provides that riders may
use other lights and reflectors in addition to those required by law.
Sec. 7-49.
Mopeds not to be operated by persons under sixteen;
speed limit.
M
Mopeds shall not be operated upon any highway or public
50
vehicular area of the city (i) faster than thirty (30) miles per
51
hour or (ii) by any person under the age of sixteen (16) years.
52
ill
Every person driving a moped shall carry with him some
53
form of identification that includes his name, address and date of
54
birth.
2
55
J.£L
Violation
provision
shall
this
of
of
section
any
56
constitute a traffic infraction punishable by a fine of no more
57
than $50.
58
COMMENT
This amendment requires a person operating a moped to carry personal identification and
provides that violations of this section are punishable by a fine of $50 or less.
59
60
61
62
63
64
65
66
Sec. 7-50.
Riding bicycles, electric power-assisted bicycles
and mopeds on roadways and bicycle paths.
(a) Any person operating a bicycle,
power-assisted bicycle or
67
moped upon a roadway shall ride as close as practicable to the
68
right-hand curb or edge of the roadway, except under any of the
69
following circumstances:
70
71
72
73
74
75
76
77
78
79
80
81
82
(1)
(2)
(3)
When overtaking and passing any vehicle proceeding in the
same direction;
When preparing for a left-hand turn at an intersection or
into a private road or driveway; and
When reasonably necessary to avoid conditions including,
but not limited to, fixed or moving objects, parked or
moving vehicles, pedestrians, animals, surface hazards,
or
substandard width
to
lanes
that
it
make
unsafe
continue along the right-hand curb or edge. For purposes
of this section, a "substandard width lane" is a lane too
narrow for a bicycle, electric power-assisted bicycle or
moped and another vehicle to pass safely side by side
within the lane; and
3
83
84
85
86
87
98
99
100
101
102
103
ill
When avoiding riding in a lane that must turn or diverge
to the right; and
ill
When riding upon a one-way road or highway, a person may
also ride as near the left hand curb or edge of such
roadway as safely practicable.
88
(b)
riding
bicycles
electric
power-assisted
Persons
or
89
bicycles upon a highway shall not ride more than two (2) or more
90
abreast. c¡eecpt on paths or parts of high\laYD oet aoidc for the
91
exclusive UDe of bicycleD.
Persons riding two (2) abreast shall
92
not impede the normal and reasonable movement of traffic, shall
93
move into a single file formation as quickly as is practicable when
94
being overtaken from the rear by a faster moving vehicle, and, on a
95
laned roadway, shall ride in a single line.
96
97
COMMENT
This amendment describes two more situations where a rider of a bicycle, electric power-
assisted bicycle or moped may legally ride away from the right-hand curh or edge of the roadway. This
amendment also places restrictjons on riding these vehicles two abreast.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of
, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~=
4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE TO AMEND AND REORDAIN THE CITY CODE
PERTAINING TO THE POSSESSION OF A CONCEALED
WEAPON
MEETING DATE: June 22, 2004
. Background: The 2004 General Assembly passed several new laws relating to
firearm regulation. Most of these new laws will not affect City Code Ordinances
because the City no longer has the authority to regulate firearms, except where
specifically authorized. The new changes to the state law that will require changes to
the City Code include, identifying a machete as a weapon a person may not carry
concealed, and allowing a 55-year old retired law-enforcement officer to be exempt from
obtaining a concealed weapon permit.
. Considerations: Making these changes will allow the City Code to continue to
parallel the State Code when its new provisions go into effect on and after July 1, 2004.
. Public Information: This ordinance will be publicized in the same manner as
other general agenda items.
.
Recommendations: Approval.
.
Attachment: Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency; POlice~
City Ma""'"~ 1<'- ,~
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO AMEND AND REORDAIN THE CITY
CODE PERTAINING TO THE POSSESSION OF A
CONCEALED WEAPON BY INCORPORATING STATE LAW
CHANGES
SECTION AMENDED: § 38-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-1 of the City Code is hereby amended and
12
reordained, to read as follows:
13
Sec. 38-1.
Carrying concealed weapons.
14
(a)
If any person carries about his person, hidden from common
15
observation,
(i) any pistol, revolver, or other weapon designed or
16
intended to propel a missile of any kind by action of an explosion
17
of
combustible
material,
any
(ii)
dirk,
bowie
knife,
any
18
switchblade knife,
ballistic knife,
machete,
razor,
slingshot,
19
spring
stick,
any flailing
knucks,
or blackjack,
metal
(iii)
20
instrument consisting of two (2) or more rigid parts connected in
21
such a manner as to allow them to swing freely, which instrument
22
may also be known as a nunchuck, nunchanka, nunchalcu, shuriken or
23
fighting chain,
(iv) any disc, of whatever configuration, having at
24
least two
points or pointed blades which is designed to be
(2)
25
thrown or propelled and which may be known as a throwing star or
26
oriental dart, or (v) any weapon of like kind as those enumerated
27
in this section, he shall be guilty of a Class 1 misdemeanor, and
28
such weapon shall be forfeited to the city and may be seized by an
29
officer as forfeited, and such as may be needed for police officers
30
31
32
33
and conservators of the peace shall be devoted to that purpose, and
the remainder shall be destroyed by the officer having them in
charge. For the purposes of this section, a weapon shall be deemed
to be hidden from common observation when it is observable but is
34
of such deceptive appearance as to disguise the weapon's true
35
nature.
36
(b)
This
section
shall
apply
carrying
a
to
not
any
person
37
concealed weapon in accord with permission granted by a circuit
38
court pursuant to section 18.2-308 of the Code of Virginia.
39
(c)
This section shall not apply to:
40
(1)
Any person while in his own place of abode or curtilage
41
thereof;
42
(2)
Any pel ice efficer, ecrgcaRt, oheriff, deputy sheriff, regular
43
.lardeR or animal control officer law-enforcement officer,
game
44
wherever
such
law-enforcement
officer
travel
in
the
may
45
Commonwealth;
46
(3)
regularly
enrolled
member
of
shooting
Any
a
target
47
organization who
is at,
or going to or from,
an established
48
shooting range, provided that the weapons are unloaded and securely
49
wrapped while being transported;
50
(4)
regularly
enrolled
member
of
collecting
Any
a
weapons
51
organization who is at, or going to or from, a bona fide weapons
52
exhibition, provided that the weapons are unloaded and securely
53
wrapped while being transported;
2
54
(5)
Any person carrying such weapons between his place of abode
55
and a place
purchase or repair,
are
provided the
of
weapons
56
unloaded and securely wrapped while being transported;
57
(6)
CampU¡¡ police offieero ŒPPointed purouùnt to ¡¡ection 23 232 et
58
oeq. of the Code of Vir~iniù.
59
+?+
Any person actually engaged in lawful hunting, as authorized
60
by the board of game and inland fisheries, under inclement weather
61
conditions necessitating temporary protection of his weapon from
62
these conditions,
provided that possession of a handgun while
63
engaged in lawful hunting shall not be construed as hunting with a
64
handgun if the person hunting is carrying a valid concealed handgun
65
permit; aflè
66
+&t-
Any state police officer retired from the Department of
ill
67
State Police and any local law-enforcement officer retired from a
68
police department or sheriff's office within the Commonwealth~
69
special agent retired from the State Corporation Commission or the
70
Alcoholic Beverage Control Board, other than an officer or agent
71
terminated for cause, any game warden retired from the Department
72
of Game
and Inland Fisheries,
and any Virginia Marine Police
73
Officer retired from the Law Enforcement Division of the Virginia
74
Marine Resources Commission, (i) with a service-related disability
75
eæ ~ (ii) following at least fifteen (15) years of service with any
76
such law-enforcement agency, board or compilation therefore,
or
77
(iE)
perfJon
reached
who
has
of
55
other
than
years
age
:l
3
78
79
80
81
82
83
100
101
for
provided
such officer
carries with him
tcrmin;:¡,toà
cauoo;
written proof of consultation with, and a favorable review of the
need
to
concealed weapon
issued by,
chief
law-
the
carry
a
enforcement officer of the agency from which the officer retired~L
and
(8)
84
(d)
Any person while in his own place of business.
This
section
shall
apply
of
the
following
not
to ,any
85
individuals while in the discharge of their official duties or
86
while in transit to or from such duties:
87
(1)
88
(2)
(3 )
89
Carriers of the United States mail in r~ral districto;
Officers or guards of any state correctional institution,
Conservators
of
except
that
the
following
the
peace,
of
shall
not be permitted to carry a
90
conservators
the peace
91
concealed weapon unless a permit is obtained pursuant to section
92
18.2-308 of the Code of Virginia:
93
a.
94
b.
95
c.
Notaries public,
Registrars,
Drivers, operators or other persons in charge of any motor
96
vehicle carrier of passengers for hire, or
97
d.
98
(4)
Commissioners in chancery;
Noncustodial
employees
of
department
of
corrections
the
99
designated to carry weapons by the director of the department of
corrections pursuant to section 53.1-29 of the Code of Virginia,
(~)
La.. cRfsrccmont i1§ ontD sf the Armed Forces of the YRi tad
4
102
103
104
105
106
107
108
109
110
III
112
113
114
115
116
117
118
119
120
121
£tatea and federal agents ..ho arc other\Jiae authorized to carry
'.-'eapona by fcàeral la.. '.-,hile engaged in the performance of their
dutiea, :md
(6)
La'., enforcement a§ ento of the United Ctatea Nayal Criminal
Inycstigative £ervice.
(e)
As used in this section:
(1)
Spring stick means a spring-loaded metal stick activated by
pushing a button which rapidly and forcefully telescopes the weapon
several times its original length.
(2)
Ballistic knife means any knife with a detachable blade that
is propelled by a spring-operated mechanism.
COMMENT
The amendment to this section makes a machete one of the weapons that cannot be lawfully
concealed. The following persons are also exempt from the concealed weapons statue: All active law.
enforcement officers, certain retired law-enforcement officers who are at least 55 years old, and persons
in their own place of business.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of
, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~~~
CA-9296
H:\PA\GG\ORDRES\Firearms 38-1, 38-3, 38-4 ORD.doc
Rl
June 10, 2004
5
r
~"'-
&.---.~'.'.I":. ~.'..~..."..'~'
ftfi1F ". \~\
\\\kJ
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
AN ORDINANCE AMENDING THE CITY CODE PERTAINING TO
TRAFFIC REGULATIONS TO REFLECT CHANGES IN STATE LAW
MEETING DATE: June 22,2004
.
Background: The 2004 General Assembly passed several new traffic laws, that
effect the operation of bicycles and mopeds; increase the fine associated with a
Traffic Calming Program; increase the fees collected under the DUI cost recovery
program; allow for the suspension of a driver's license for persons convicted of
aggressive driving; define "shielded or screened from view" in the context of
inoperable vehicles; require crossing guards to use hand-held stop signs; and
specify fines for running a red light.
.
Considerations: These changes to the City Code will ensure that these City
Code Sections will continue to parallel the State Code when the new provisions
go into effect on July 1,2004.
.
Public Information: The ordinance will be advertised through the normal
Agenda process.
.
Recommendations: Approval.
.
Attachments: Ordinance.
Recommended Action: Approve ordinan~J
Submitting Department/Agency: POlice.!lfllV
City Manager:~ JL- à(j1S'fht.
H/PAIGG/ORDSRES/~19 et alARF
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
the rider ,---.l:Jllt do§.s- not eliminate the rider's need to .redal.
For
the purpose of Chapter 21 of this title,
and electric .rower-
assisted bicycle shall be a vehicle when operated on a highway.
COMMENT
This amendment adds the State Code definitions for "Electric Personal Assistive Mobility
Device" and "Electric Power-Assisted Bicycle" to the City Code.
Sec. 21-19.
Direction of traffic by police officers and school
crossing guards.
A.
~ Law enforcement officers and uniformed school
crossing guards may direct traffic by signals. Such signals by
officers and uniformed crossing guards shall take precedence over
such traffic control devices. Signals by law enforcement officers
or crossin~~rd~, other than by voice, shall be as follows:
(1 )
To stop traffic by hand: Stand with shoulders parallel to
moving traffic. Raise arms forty-five (45) degrees above
shoulder with hand extended, palm towards moving traffic
(2)
to be stopped.
To move traffic by hand: Stand with shoulders parallel to
traffic to be moved. Extend right arm and hand full
length
towards
traffic,
height
shoulders
such
of
at
fingers
Bring
hand
joined,
palm
down.
extended
and
sharply in direction traffic is to move. Repeat movement
with left arm and hand to start traffic from opposite
direction.
(3 )
To stop and start traffic by whistles: One blast, moving
traffic to stop; two (2) blasts, traffic in opposite
direction to move.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY
CODE PERTAINING TO TRAFFIC REGULATIONS TO
REFLECT CHANGES IN STATE LAW
SECTIONS AMENDED: §§ 21-2, 21-19, 21-231, 21-
237,21-295,21-299,21-314,21-316.1,21-
321.2, 21-344, 21-377, and 21-464
SECTION ADDED:
§ 21-102.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-2, 21-19, 21-231, 21-237, 21-295, 21-299, 21-
314, 21-316.1, 21-321.2, 21-344, 21-377, and 21-464 of the City
Code are hereby amended and reordained and Section 21-102.1 is
hereby added to read as follows:
Sec. 21-2.
Definitions.
The following words and phrases, when used in this chapter,
shall,
for
the
of
this
chapter,
have
the
meanings
purpose
respectively ascribed to them in this section,
except in those
instances where the context clearly indicates a different meaning:
"Electric Eersonal assistive mobility device" means a self-
26
balancing:
two-non-tandem-wheeled
device
that
is
designed
to
27
transport only one person and powered by an electric propulsion
28
system that limits the device's maximum speed to 15 miles per hour
29
or less.
For purposes of Chapter 21 of this title, an electric
30
Eersonal assistive mobility device shall be a vehicle when operated
31
on a hi~.
32
"Electric power-assisted bicycle" means a bicycle equipped
33
with an electric motor that reduces the pedal effort required of
67
68
69
70
(4 )
Emergency stop of traffic by whistle: Three (3) or more
short blasts. All traffic shall immediately clear the
intersection and stop.
Such officers and uniformed school crossing guards may also
71
72
use supplemental traffic direction devices,
but not
including,
73
74
limited to, hand-held stop or go signs, in directing traffic as
provided in this section.
75
76
B. Uniformed school crossing guards may control traffic at
marked school crossing, whether such crossing is at an
any
77
78
intersection or another location.
When supplied with hand-held
79
80
stop signs, uniformed school crossing guards shall use such signs
whenever controlling traffic as authorized in this section.
81
COMMENT
82
83
84
85
86
This amendment states that an officer's or crossing guard's
signals take precedence over traffic control devices, and requires
crossing guards to use hand-held stop signs when supplied with the
signs by their school division.
87
88
89
90
Sec. 21-102.1
Devices used to supply nitrous oxide to the engines
of motor vehicles.
A.
It shall be unlawful for any person to operate any motor
91
vehicle on highways of the City if such vehicle is equipped with
92
any device that supplies the vehicle's engine with nitrous oxide,
93
unless the device has been disabled such that the supply of nitrous
94
oxide is disconnected and not readily accessible to the source of
95
delivery.
96
B.
A violation of this section shall constitute a Class 3
97
misdemeanor.
98
3
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
COMMENT
This addition to the City Code makes it illegal to operate a vehicle equipped with a device that
supplies nitrous oxide (which enhances a vehicle's performance) to the vehicle's engine.
Sec. 21-231.
Passing vehicle
Generally.
proceeding
direction--
in
same
(a)
The
driver
of
vehicle
overtaking
another
motor
any
vehicle proceeding in the same direction shall pass at least two
(2) feet to the left thereof and shall not again drive to the right
side of the highway until safely clear of such overtaken vehicle,
except as provided in this article.
(b)
The driver of a vehicle shall not drive to the left side
of the center line of a highway in overtaking and passing another
vehicle proceeding in the same direction, unless such left side is
clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be made in
safety.
(c)
No person operating a truck or tractor and trailer shall
pass or attempt to pass any truck or tractor and trailer going in
the same direction on an upgrade hill, if such passing will impede
the passage of following traffic.
ill
Any driver of any vehicle overtaking a bicycle, electric
personal
assistive
mobili ty
electric
power-assisted
device,
bicycle, moped, animal, or animal drawn vehicle proceeding in the
same direction shall pass at a reasonable speed at least two (2)
feet to the left of the overtaken bicycle, electric personal
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assistive mobility device, electric power-assisted bicycle, moped,
animal or animal-drawn vehicle and shall not again proceed to the
right side of the highway until safely clear of such overtaken
bicycle,
electric personal assisti ve mobility device,
electric
power-assisted bicycle, moped, animal or animal-drawn vehicle.
COMMENT
This amendment prescribes how the operator of a vehicle may pass a bicycle, electric personal
assistive mobility device, electric power assisted bicycle, moped, animal or animal drawn vehicle.
Sec. 21-237.
Signals for starting, backing, stopping or turning.
(a)
Every driver who intends to start, back, stop, turn or
partly turn from a direct line shall first see that such movement
can be made in safety and whenever the operation of any other
vehicle may be affected by such movement shall give the below-
required signals,
plainly visible to the driver of such other
vehicle, of his intention to make such movement.
(b)
The signal required by this section shall be given by
means of the hand and arm or by some mechanical or electrical
device
approved
by
superintendent,
in
manner
herein
the
the
specified. Whenever the signal is given by means of the hand and
arm, the driver shall indicate his intention to start, stop, turn
or partly turn by extending the hand and arm from and beyond the
left side of the vehicle, in the following manner:
(1 )
For a left turn or to pull to the left, the arm shall be
extended in a horizontal position straight from and level
with the shoulder;
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(2)
For a right turn or to pull to the right, the arm shall
be extended upward; or
(3 )
For slowing down or to stop, the arm shall be extended
downward.
Wherever the lawful speed is more than thirty-five (35) miles
per hour such signals shall be given continuously for a distance of
at least one hundred (100) feet, and in all other cases at least
fifty
(50)
feet, before slowing down,
stopping,
turning, partly
turning or materially altering the course of the vehicle.
(c)
A person riding a bicycle or moped shall signal his
intention
turn,
change
direction.
Such
signals,
stop,
to
or
however, need not be given continuously if both hands are needed in
the control or operation of the bicycle or moped.
(d)
Notwithstanding the foregoing provisions of this section,
a person operating a bicycle, electric personal assistive mobility
device,
electric power-assisted bicycle,
or moped may signal a
right turn or pull to the right by extending the right hand and arm
in a horizontal position straight from and level with the shoulder
beyond the right side of the bicycle, electric personal assistive
~obility device, electric power-assisted bicycle, or moped, and may
signal
slowing
down
stopping
by
extending
the
right
arm
or
downward.
(à~) Drivers of vehicles standing or stopped at the curb or
edge before moving
such vehicles
shall give
signals
of their
intentions to move into traffic, as herein provided, before turning
in the direction the vehicle will proceed from the curb.
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(e!) Drivers having once given a hand, electrical or mechanical
device signal must continue the course thus indicated, unless
they alter the original signal and take care that drivers of
vehicles and pedestrians have seen and are aware of the change.
COMMENT
This amendment describes how the right arm may be used to signal a right turn, slow down or
stop when riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle or
moped.
Sec. 21-295.
Signals by lights or other traffic-control devices
Legend.
A.
Signals by lights or other traffic-control devices shall
be as follows:
(1)
Red indicates that traffic then moving shall stop and
remain stopped as long as the red signal is shown, except in
the direction indicated by a lighted green arrow; provided,
however, that except where a sign is placed prohibiting turns
on red,
vehicular traffic facing a steady red signal may,
after coming to a full stop, cautiously enter the intersection
to make a right turn, or to make a left turn if such left turn
is made from a highway which allows for traffic in but one
direction into another highway which allows for traffic in but
one direction and after making such left turn the turning
traffic will be going in that direction. Such turning traffic
shall yield the right-of-way to pedestrians lawfully within an
adjacent
crosswalk
and
other
traffic
using
to
the
intersection.
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(2)
Green indicates that traffic shall then move in the
direction of the signal and remain in motion as long as the
green signal is given, except that such traffic shall yield to
other
vehicles
and
pedestrians
lawfully
within
the
intersection.
(3)
Amber indicates that a change is about to be made in the
direction of the moving of traffic. When the amber signal is
shown, traffic which has not already entered the intersection,
including the crosswalks, shall stop if it is not reasonably
safe to continue,
but
that which has already entered the
intersection shall continue to move until the intersection has
been entirely cleared. The amber signal is a warning that the
red signal is imminent.
( 4)
Flashing red indicates that traffic shall stop before
entering an intersection and the use of a flashing amber
indicates
that
traffic
proceed
through
the
may
intersection or past such signal with reasonable care
under the circumstances.
B.
If the traffic liqhts controlling an intersection are
out of service because of a power failure or other event that
prevents the qiving of signals by the traffic lights, the drivers
of vehicles approachinq such an intersection shall proceed as
though such intersection were controlled by a stop sign on all
approaches.
The provisions of this subsection shall not apply to:
intersections controlled by portable stop siqns,
intersections
with law-enforcement officers or other authorized persons directing
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237
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traffic, or intersections controlled by traffic lights displaying
flashing red or flashing amber lights as provided in subsection A.
C.
The driver of any motor vehicle may be detained for a
violation of this section if the detaining law-enforcement officer
is
his
of
authority,
and
(i)
has
uniform,
displays
badge
in
observed the violation or (ii) has received a radio message from
another law-enforcement officer who observed the violation.
In the
case of a person being detained based on a radio message the
message shall be sent immediately after the violation is observed,
and the observing officer shall furnish the license number or other
positive identification of the vehicle to the detaining officer.
D.
A violation of this section shall constitute a traffic
infraction punishable by a fine of no more than $350.
COMMENT
This new subsection (B) outlines the process drivers must follow when entering an intersection
when the signal lights are not functioning. Subsection (C) will allow an officer observing a violation of
this section to radio ahead to a second officer who may stop the offending vehicle, and subsection (D)
establishes the penalty for violations of this section.
Sec. 21-299.
Defacing, injuring, etc., signs.
(a)
who
shall
intentionally
Any
deface,
obscure,
person
damage, knock down or remove any legally posted, highway sign as
provided in this chapter or a street address sign posted to assist
in address identification in connection with enhanced 9-1-1 service
as defined in Code of Virginia § 56-484.12 shall be guilty of a
Class 1 misdemeanor.
COMMENT
This amendment provides that destruction of signs posted to assist 911 responders
with address identification is a Class 1 misdemeanor.
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269
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276
277
278
279
280
281
282
283
284
285
286
Sec. 21-314.
Same--Penalty for reckless driving under section
21-311,21-312 or 21-313.
(a)
Every person convicted of reckless driving under section
21-311, 21-312 or 21-313 shall be guilty of a Class 1 misdemeanor.
(b)
In addition to the penalties prescribed in subsection
(a) ,
if any person is convicted of reckless driving under any
section referred to therein,
the court may suspend any license
issued to such convicted person under chapter 3 (section 46.2 et
seq.) of title 46.2 of the Code of Virginia, for a period of not
less than ten (10) sixty (60) days nor more than six (6) months and
such court shall require the convicted person to surrender his
license so suspended to the court where it shall be disposed of in
accordance with section 21-276. If a person so convicted has not
obtained the license required by such chapter, or is a nonresident,
the court may direct in the judgment of conviction that such person
shall not, for a period of not less than ten (10) sixty (60) days
or more than six (6) months as may be prescribed in the judgment,
drive or operate any motor vehicle in this commonwealth. The court
or
the
clerk
of
shall
transmit
the
license
the
to
court
commissioner along with the report of the conviction required to be
sent to the department of motor vehicles.
(c)
When an) parDon shall be eon7ieted of reekleos dri7in~ aD
pro~ided for in section 21 312, in addition to any other penaltieo
pro. ided b) la'.!, license of ouoh peroon may be ouspendad b) the
court for a period of not leoo than si¡¡ty (60) days nor moro than
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299
300
301
302
303
304
305
306
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308
309
310
311
312
313
oi¡¡
(6) montho.
In c~oe of conviction the court oh~ll order the
ourrender of the 1icenoe to the court ~here it ohall be diopooed of
in accordance '.Ii th the f'ro - isiono of scetion 21 276.
Where the
conviction io ~ oeeond conviction ~hich ~ou1d require revocation
under the provioiono of oection 16.2 389 of thc Code of Virgini~,
the court oha11 ouopend the dri.cr'o 1icenoe of ouch parDon and
thereupon tranomit the o~me to the dep~rtment of motor vehicleo ~o
provided by 1~~. If ouch peroon 00 convicted h~o not obtained ~
licence re~uircd by Code of Virgini~, chapter 3 (oection16.2 300
et oeq.)
of ti tIc
ouch court ohall
16.2,
or io ~ nonreoideRt,
direct in the judgment of conviction that ouch peroon ohal1 Rot
dri-:e or operate any motor 7ehic1e in thio oommon°.:ea1th for ~
period of not 1coo than oi¡¡ty
dayo Ror more than oi¡¡
( 6)
(60)
montho.
COMMENT
This amendment provides that a person convicted of reckless driving is subject to have his
driver's license suspended for 60 days.
Sec. 21-316.1. Aggressive driving; penalties.
(a)
(i)
the
A person is guilty of aggressive driving if
person violates one (1) or more of the following: section 21-226
(failure
drive
right
side
of
highway) ,
section
21-229
to
on
(failure
observe
traffic
section
21-250
marked
lanes) ,
to
(following too closely), section 21-241 (failure to stop or yield
prior to entering highway),
section 21-260
(evasion of traffic
control devices), section 21-231 (improper passing), section 21-
233
(passing
right) ,
section
21-234
(failure
of
overtaken
on
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318
319
320
321
322
323
324
325
326
327
328
329
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331
332
333
334
335
336
337
338
339
340
341
vehicle to yield), any provision of Article IX of Chapter 21 of the
City Code regarding excessive speed, or section 21-356 of the City
Code (stopping on highways); and (ii) that person is a hazard to
another person or commits an offense in clause (i) with the intent
to harass, intimidate, injure or obstruct another person.
(b)
Aggressive
driving
be
punished
2
shall
a
Class
as
misdemeanor; provided, however, that aggressive driving with the
intent to injure another person shall be punished as a Class 1
misdemeanor. In addition to any other penalties prescribed by law,
the
require
successful
completion
aggressive
of
an
court
may
driving program and may suspend the driver's license for a period
of not less than ten (10) days nor more than six (6) months and the
court shall require the convicted person to surrender his license
so
suspended
the
where
it
will
disposed
of
in
be
to
court
accordance with Code of Virginia § 46.2-398.
COMMENT
This amendment provides that a person convicted of aggressive driving is subject to have his
driver's license suspended for not less than 10 days and not more than 6 months.
Sec. 21-321.2. Traffic calming via max~um speed l~its in certain
residential districts; pena1ty.
Pursuant to section 46.2-878.2 of the Code of Virginia, any
person who operates a motor vehicle in excess of the maximum speed
limit established for any portion of the following highways located
wi thin the designated neighborhoods,
on or after the effective
date, shall be guilty of a traffic infraction punishable by a ftefl-
prepayable fine of not more thùn two hundred dollars ($200.00), in
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351
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356
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359
360
361
362
363
364
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366
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368
369
addition to other penalties provided by law.
No portion of the
fine shall be suspended unless the court orders twenty (20) hours
of community service.
COMMENT
This amendment sets the fine for speeding on traffic calming designated streets at $200. The
new law also restricts judges from suspending any portion of the fine unless the offender is also
sentenced to 20 hours of community service.
Sec. 21-344.
Reimbursement for expenses incurred from emergency
responses.
(a)
Any person convicted of violating any of the following
provisions of the Code of Virginia, or any similar ordinance in the
City
be
for
liable
civil
action
shall
in
Code,
a
separate
reasonable expenses incurred by the City of Virginia Beach or by
any volunteer rescue squad, or both, when providing a appropriate
emergency response to any accident or incident related to such
violation.
(1 )
The provisions of Code of Virginia sections 18.2-51.4,
18.2-266
29.1-783,
such
operation
of
when
motor
or
vehicle, engine, train or watercraft while so impaired is
the proximate cause of the accident or incident;
(2)
The provisions of Article 7 (section 46.2-852 et seq.) of
Chapter 8 of Title 46.2 relating to reckless driving,
when such reckless driving is the proximate cause of the
accident or incident;
(3)
The provisions of Article 1 (section 46.2-300 et seq.) of
Chapter 3 of Title 46.2 relating to driving without a
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373
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375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
license or driving with a suspended or revoked license;
and
(4 )
The provisions
of Code
of Virginia
section
46.2-894
relating to improperly leaving the scene of an accident.
(b)
Personal
liability under this
section for reasonable
expenses of an appropriate emergency response shall not exceed one
thousand dollars
($1,000.00)
in the aggregate for a particular
accident or incident. In determining the "reasonable expenses" a
flat fee of €fie two hundred and fifty dollars ($100.00 $250.00) may
be billed,
or a minute-by-minute accounting of the actual cost
incurred may be billed.
(c)
As used in this section, "appropriate emergency response"
includes
all
cost of providing law-enforcement,
fire-fighting,
rescue and emergency medical services.
COMMENT
This amendment raises the reimbursable flat fee for certain emergency calls for service
from $100 to $250.
Sec. 21-377.
Open storage of inoperable vehicles on residential,
commercial or agricultural property.
(a)
It shall be unlawful whether as owner, tenant, occupant,
lessee or otherwise, for any person, firm or corporation to keep,
except within a fully enclosed building or structure or otherwise
shielded
screened
from
view,
property
zoned
for
or
on
any
residential,
commercial or agricultural purposes,
any vehicle,
which is inoperable.
As used in this section, notwithstanding any
other provisions of the law,
qeneral or special,
"shielded or
14
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2
3
4
5
6
7
8
9
ORDINANCE NO.
AN ORDINANCE TO APPROVE AMENDMENTS TO THE
RESORT ADVISORY COMMISSION'S BYLAWS
WHEREAS, by ordinance adopted on August 29, 1988, the City Council of the City
of Virginia Beach (the "City Council") added Section 2-6 of the City Code pertaining to the
10
11
Resort Area Advisory Commission, now known as the Resort Advisory Commission
12
("RAC");
13
WHEREAS, Section 2-6 of the City Code provides, among other things, that the
14
govemance and the administration of the RAC shall be in accordance with its bylaws;
15
WHEREAS, the RAC has recommended amendments to the bylaws (i) deleting the
16
termination date of the RAC, (ii) adding a provision to allow the RAC to submit a list of
17
prioritized CIP projects to City staff, and (iii) addressing other minor housekeeping matters;
18
19 and
20
WHEREAS, amendments to the RAC bylaws require the approval of City Council;
WHEREAS, City Council is of the opinion that the amendments to the bylaws are
21
necessary and consistent with the purposes for which the RAC was established.
22
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23
VIRGINIA BEACH, VIRGINIA:
24
That the amendments to the RAC bylaws are hereby approved in the form as
25
attached hereto.
1
27
COMMENT
28
29
30
31
32
33
34
35
The bylaws have been amended to delete the provision regarding the term of the RAC,
which will be addressed in Section 2-6 of the City Code, and to add a provision allowing the
RAC to submit a list of prioritized CIP projects to City staff for review and possible inclusion
in the CIP budget. Additional housekeeping amendments include the change in the name of
the Department of Convention and Visitors Development to Convention and Visitors Bureau
and the deletion of the Resort Leadership Council, which no longer exists.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the - day
36
of
,2004.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Approved as to Legal
Sufficiency:
Approved as to Content:
~£
Convention & Visitors Bureau
CA-9289
H:\PA\GG\ORDRES\Resort Advisory Comm ORD.doc
June 11, 2004
R-2
2
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
screened from viewu means not visible by someone standing at ground
level from outside of the property on which the subject vehicle is
located.
For purpoocG of thiG ocction "Ghieldcd" or "Gareened from
"im;" meGmG completel) precluding ":iGibili ty ef the Gubj ect "."ehicle
by placing the vehicle ;¡ithin an area completel) enclooed either by
( 1)
a Gelid,
epaque fence compooed of Gtand:lrd fencing
ri§'id,
materialG or (2) a landocape arrangement of nondeciduouo trace or
ohrubo, Guffieient in height, Gp:lcing, denGity and circumference.
The placing, draping or securing of a tarpaulin or other nonrigid
cover,
and
around
vehicle
not
be
shall
inoperable
over
an
sufficient to comply with the requirements of this section.
COMMENT
This amendment defines "shielded or screened from view" as not visible by someone standing
at ground level from outside of the property on which the subject vehicle is located.
Sec. 21-464.
Playing on streets or highways; use of roller
skates, toys or other devices on wheels or runners.
(a)
No person shall play on a highway or street, other than
upon the sidewalks thereof, within the city. No person shall use on
a highway or street where play is prohibited roller skates, toys,
or other devices on wheels or runners, except bicycles, mopeds, and
motorcycles. The city manager may designate areas on highways or
streets where play is prohibited or permitted and may restrict play
to the use of roller skates, toys, or other devices on wheels or
runners and,
if such highways or streets have two
traffic
(2)
lanes, such persons using such devices, except bicycles, mopeds,
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428
429
430
431
432
433
434
435
436
437
438
439
440
and motorcycles, shall keep as near as reaoonùbly poooible safely
practicable to the c¡¡trcme left far right side or edge of the -l-e-H-
Mftà
right traffic lane so that they will be faoin§ GRooming
proceeding in the same direction as other traffic at all timeD.
(b)
No person riding upon any roller skates, toys or other
devices on wheels or runners shall attach the same or himself to
any vehicle upon a roadway.
COMMENT
This amendment requires people using roller skates, toys or other devices on wheels or runners
on streets designated for such activities by the City Manager to proceed in the same direction as the
traffic, rather than to proceed facing the on-coming traffic.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this
day of
, 2004.
APPROVED AS TO LEGAL SUFFICIENCY:
~~
'"
CA-9294
GG/ordres/proposed/21-1getalord.doc
R2-
June 10, 2004
16
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to amend and reordain City Code § 2-6 pertaining to the
Resort Advisory Commission and an Ordinance to approve amendments to
the Resort Advisory Commission's bylaws.
MEETING DATE: June 22,2004
.
Background: On April 2, 1984, City Council adopted a resolution to create the
Resort Area Advisory Commission, now known as the Resort Advisory
Commission ("RAC"). The general purpose of the RAC was to review and make
recommendations to City Council regarding projects and issues associated with
the Oceanfront Resort Area and other resort and tourism related projects and
issues as the City Council may refer to the Commission.
By ordinance adopted August 29, 1988, City Council added Section 2-6 of the
City Code to establish the composition, govemance and administration of the
RAC. Section 2-6(b) provides, inter alia, that the governance and administration
of the RAC shall be in accordance with its bylaws, dated September 22,1998.
This section further provides that amendments to the bylaws must be approved
by the City Council.
The RAC has proposed amendments to its bylaws (i) deleting the provision
pertaining to the term of the RAC, (ii) changing the name of the Department of
Convention and Visitor Development to Convention and Visitors Bureau, (Hi)
deleting the reference to the Resort Leadership Council, which no longer exists,
and (iv) adding a provision to allow the RAC to submit a list of prioritized CIP
projects to City staff for review and possible inclusion in the CIP budget.
Additionally, Section 2-6 of the City Code should be amended to add a provision
pertaining to the term of the RAC in Section 2-6 and address housekeeping
items.
.
Considerations: There are two proposed Ordinances included in this package.
The first Ordinance addresses changes to Section 2-6 of the City Code as
follows:
The deletion of the reference to the bylaws dated September 2, 1998, in Section
2-6(b) will allow approval of future amendments to the bylaws without
necessitating an amendment to the City Code.
The reference to the Resort Leadership Council in Section 2-6(c) is deleted since
the organization no longer exists.
A new provision regarding the term of the RAC is more appropriately dealt with in
the City Code. The new provision will extend the term of the RAC to June 30
2009.
The second Ordinance addresses changes to the RAC's bylaws. The provision
regarding the term of the RAC will be deleted since it will be more appropriately
addressed in Section 2-6(d) of the City Code.
The name of the Department has recently changed and such change should be
reflected in the bylaws.
The reference to the Resort Leadership Council should be deleted from the
bylaws since the organization no longer exists.
The additional provision allowing the RAC to submit a list of prioritized CIP
projects to City staff for review and potential inclusion in the CIP budget is
consistent with the purposes for which the RAC was established.
.
Public Information: Notice of these Ordinances will be handled through the
normal agenda process.
.
Recommendations: Approve the Ordinance to amend City Code § 2-6 and
approve the Ordinance amending the RAC's bylaws.
.
Alternatives: Reject the ordinances and allow the RAC to
terminate on June 30, 2004.
.
Attachments: Ordinances, Amended bylaws
Recommended Action: Approval
Submitting Department/Agency: Convention and Visitors Bureau ~- E
City Manager~<;, ~ ~~
1
2
3
4
5
6
ORDINANCE NO.
AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6
OF THE CITY CODE PERTAINING TO THE RESORT
ADVISORY COMMISSION
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8
9
10
11
12
13
14
Section Amended: City Code § 2-6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 2-6 of the City Code is hereby amended and reordained to read as
15
follows:
16
Sec. 2.6. Resort advisory commission.
17
18
(b) The governance and administration of the commission shall be in accordance
19
with its bylaws, dates SeptÐFflÐer 22,1998, and incorporated by reference herein, which
20
bylaws shall not be amended without the prior approval of city council.
21
(c) The commission shall consist of at least eleven (11), but not more than, nineteen
22
(19) members. In selecting members of the commission, the city council shall give special
23
consideration to the representatives of the Virginia Beach Hotel/Motel Association, Virginia
24
Beach Restaurant Association, Resort Retailers Association, Virginia Beach Division of
25
Hampton Roads Chamber of Commerce, and Virginia Beach Council of Civic
26
Organizations and ReÐmt Leadership Cel,lncil. The city council shall also appoint to the
27
commission at least three (3) design professionals having expertise in the fields of
28
architecture, urban design, land use planning, landscape architecture, transportation
1
29
planning, or other design fields relevant to the purposes for which the commission was
30
created.
31
In the event of a conflict between the provisions of this subsection and any other
32
ordinance or bylaw, the provisions of this subsection shall control.
33
(d) The commission shall terminate automatically at midniqht on June 30, 2009,
34
unless sooner terminated or extended bv City Council.
35
w- ~This ordinance supersedes Ordinance No. 98-2W9 2680 adopted by city
36
council on September 22, 1998 December 18. 2001.
37
COMMENT
38
39
40
41
42
43
The deletion of the specific date of the bylaws in section 2-6(b) will enable City Council to
approve future amendments to the RAC bylaws without having to amend the city code. The reference
to the Resort Leadership Council in section 2-6( c) is deleted since the organization no longer exists. The
provision regarding the tenn of the RAC has been deleted from the bylaws and placed in Sectîon 2-6(d).
Adopted by the City Council of the City of Virginia Beach, Virginia, on the - day
44
of
,2004.
45
46
47
48
49
50
51
52
53
54
55
56
57
58
Approved as to Legal
Sufficiency:
Approved as to Content:
,~~
City Attorney's 0 e
~£
Convention & Visitors Bureau
CA-9290
H:\PA\GG\ORDRES\02-06 Resort Advisory Comm ORD.doc
June 10, 2004
R-3
2
RESORT ADVISORY COMMISSION
BYLAWS
ARTICLE I
PURPOSE
The general purpose of the Resort Advisory Commission shall be to review and make
recommendations to City Council regarding (i) projects and issues associated with the
OceanfÌont Resort Area, and (ii) such other resort and/or tourism-related projects and issues as
the Council may refer to the Commission. 10 carrying out this purpose, the Commission's goal
shall be to support the City Council's efforts to realize its vision of Virginia Beach as a quality
resort destination that:
.
encourages responsible enjoyment of its invaluable natural assets by residents, day
visitors, and tourists;
draws on all of its ocean and bay beaches and inland bays, lakes and rivers to establish
the City as a water-oriented recreation destination;
provides a growing stream of tourism-generated tax revenues to help meet the City's
needs for schools, highways, and social services;
offers a diversity of cultural, entertainment, recreational, and educational tourism venues
in an integrated and well-designed manner;
attracts visitors from a wide spectrum of income and age groups and serves each group
with courtesy and distinction;
establishes a distinctive identity at each gateway to the City and extends this distinctive
character along routes linking our major resort attractions and venues;
encourages private investment in tourism development and offers an environment
conducive to profitable operation of small and large-scale resort businesses;
competes successfully year-round for the best state and regional conferences, trade shows
and conventions; and
enhances its beachfront residential neighborhoods and minimizes conflicts between
visitors and residents in these neighborhoods.
.
.
.
.
.
.
.
.
Specifically, the Commission shall:
.
serve as City Council's citizen advisory panel on tourism-development challenges and
opportunities;
.
serve as an incubator for tourism-development projects and programs;
serve as the conduit to the Council for resort plans and initiatives;
monitor the Tourism Growth and Investment Special Revenue Fund to insure that
expenditures are consistent with Council policy;
build consensus among the diverse interests having a stake in our tourism industry;
assist City staff and Council to integrate the diverse mix of resort programs and projects
into a consistent, unified, tourism-development plan;
be an advocate for quality design in both public and private resort development; and
monitor implementation of Council-endorsed resort projects, programs and policies to
insure consistency with the Council's resort vision.
.
.
.
.
.
.
ARTICLE II
MEMBERS
Section 1. Number. The Commission shall consist of at least eleven (11) but not more than
nineteen (19) members, and shall include at least one (1) member from each of the following
associations: the Hotel/Motel Association, the Virginia Beach Restaurant Association, and the
Resort Retailers Association. The Commission shall also include the elected leader of, or a
designated representative appointed by and from, each of the following organizations: the
Virginia Beach Division of the Hampton Roads Chamber of Commerce, and the Virginia Beach
Council of Civic Organizations, aaà tile ReseR Leaàershi 3 Celillsil. Finally, the Commission
shall include at least three (3) design professionals who have expertise in the fields of
architecture, urban design, land use planning, landscape architecture, transportation planning, or
other design fields important to realizing the purpose of the Commission. All nominees shall be
appointed by City Council.
Section 2. Tenn. All members shall be appointed for a term of three (3) years; provided,
however, that, in accordance with § 2-3 of the City Code, no member shall be appointed to serve
more than three (3) consecutive three (3) year terms. Notwithstanding the above, the terms of
the three (3) elected leaders (or designees) shall be consistent with the terms of office of such
elected leaders within their respective organizations.
Section 3. Qualifications. All members shall be residents of the City. The overall membership
should also include persons with knowledge or experience in the fields of banking and finance,
tourism development, recreation and entertainment, commercial real estate, advertising, business
management, real estate law, or other areas uniquely related to the purpose of the Commission.
Additionally, every effort should be made to have geographical, racial, and ethnic representation
on the Commission reflective of the entire City.
2
6/9/04
Section 4. Chair and Vice-Chair. A Chair (or Vice-Chair in the Chair absence) shall preside
over the meetings of the Commission. The Chair and Vice-Chair shall be appointed by a
majority vote of the Commission and shall serve for a term of one (1) year. The Chair and Vice-
Chair may be re- elected for additional terms.
Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and
an annual report of the attendance of the members shall be filed with the City Clerk by June 30
of each year for review by City Council. No member shall accumulate an annual total of more
than three (3) absences (not to exceed one-fourth of the total number of meetings). If this
limitation is exceeded for reasons other than personal illness, death, or other unusual purposes,
the appointment shall be terminated automatically, or as otherwise prescribed by law.
Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration. or
otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an
expiration, for three (3) years, within thirty (30) days of said vacancy. Notwithstanding the
above, if, immediately prior to a vacancy, the Commission consists of more than eleven (11)
members, City Council shall not have to fill the vacancy.
ARTICLE III
MEETINGS
Section 1. Regular meetings. The Commission shall meet at least once a month at a time and
location to be determined by the Chair upon consultation and coordination with the other
members.
Section 2. Special meetings. A special meeting may be called by the Chair or five (5) members
of the Commission, or may be convened by City Council, to consider any matter that, in the
determination of the Chair, the members, or City Council, needs to be addressed prior to a
regular meeting. Any recommendation to the City Council, adopted by the Commission, shall be
immediately submitted in writing to the City Manager who shall transmit it to City Council.
Section 3. Requirements. A majority of Commission members shall be present in order for any
meeting to be held. All actions of the Commission shall be conducted at a regular or special
meeting and, with the exception of reports as indicated in Article IV below, shall require a
majority vote of those members present.
3
6/9/04
ARTICLE IV
REPORTS
Section 1. Annual Report. Within forty-five (45) days of the end of the fiscal year, the
Commission shall prepare and submit an annual report of its activities, recommendations, and
proposals, including a financial statement, if applicable, to the City Manager who shall transmit
same to City Council. Interim reports to City Council may be provided when deemed
appropriate or necessary by the Commission, City Council, or the City Manager.
Section 2. Tourism Growth and Investment Special Revenue Fund Report. By October 15th
of each year, the Commission shall prepare and submit an Annual Tourism Growth and
Investment Special Revenue Fund (TGIF) Report to the City Manager who shall transmit it to
the City Council. This Report shall include the Commission's evaluation of the status of the
TGIF Special Revenue Fund and its recommendations for the use of the TGIF in the upcoming
budget cycle. This Report shall also include Commission recommendations for non- TGIF-
financed operating and capital budgeting initiatives that are consistent with the Commission's
purpose.
Section 3. Capital Improvement Project Recommendations. By October 15th of each vear. a
list of prioritized Capital Improvement Projects ("CIP") will be submitted to City staff for review
and potential inclusion in the CIP budget.
Section ~. ~ Requirements. All reports shall be approved by a majority of the members of the
Commission. The Commission shall present a summary of any required report directly to the
City Council at a public meeting. In any report to the Council, the Commission shall identify
any conflicts that its report may have with the opinions of other City agencies.
ARTICLE V
COORDINATION
Section 1. City Departments. The Commission shall work with and through the DepaFlflleftt of
Convention and Visitor§. DevelepmeHt Bureau which shall, in close cooperation with the City
Manager's Office, be responsible for coordinating the efforts of the Commission with other City
departments (1) to ensure that there is no unnecessary duplication of efforts; (2) to enable the
Commission to review the recommendations and proposals of City departments for compatibility
(or incompatibility) with Commission objectives; (3) to enable City departments to review and
4
6/9/04
provide comments on Commission-generated proposals or initiatives; and (4) to ensure timely
implementation of projects and programs.
Section 2. Other City Agencies. The Commission and the Department shall make a special
effort to establish open lines of communication with other City agencies involved in the
formulation and implementation of various components of the City Council's resort and tourism
policies including, but not limited to, the following: the Development Authority, the Planning
Commission, the Shore Drive Advisory Commission, the Beach Events Steering Committee, the
Advertising Advisory Council, the City Manager's Resort Area Task Force, and other City
agencies, that may have an interest in specific elements of the Council's resort and tourism
policies.
ARTICLE VI
COMMITTEES
The Chair of the Commission shall have the authority to appoint committees, comprised
of members of the Commission and non-members with special expertise, to study and review
specific areas of concem and to report back to the full Commission for such action as the
Commission shall deem appropriate.
ARTICLE VII
AMENDMENTS
No alteration, amendment, or repeal of these Bylaws or any section hereof shall be
effective without the prior consent of City Council.
.""'RTICLE VIII
TERMIN/.TION
Tile C8H1f11ÏGsiEJR sHall tefHliRate aH1ematieally at midnight eR JIIRe 3Q,2001, IIRless
termiRated By City CellReil Jrier 18 tllat date.
These Bylaws [as amended] are hereby adopted as of this 22nd day of SefJtemàer, 199&
June. 2004, by the Council of the City of Virginia Beach, Virginia.
5
6/9/04
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the City's FY 2004-05 Operating Budget by
Appropriating $14,556,341 in State funds and Revising Appropriations to School
Operating Budget and School Projects in the FY 2004-05 Capital
MEETING DATE:
June 22, 2004
. Background: The recently approved State budget provides additional funds for
education that were not appropriated by Council on May 11, 2004 as part of the FY 2004-05
Operating Budget and Capital Improvement Program ordinances.
On May 25, 2004, the School Board adopted a Budget Resolution to reconcile the
funding provided by City Council on May 11, 2004, and revise the categorical expenditure
appropriations, Later, on June 8, 2004, the School Board adopted a Capital Improvement
Program Resolution to recommend additional funding to the Schools FY 2004-05 Capital
Improvement Program.
. Considerations:
In view of State and Federal requirements, additional demand for space and operations, the
strategic plan, priorities, expectations, competitive compensation for employees, and the best
educational interests of its students, the School Board requests City Council approval of the
following changes:
Appropriation School Operating School Operating Difference-
Category Fund Approved May Fund Recommended Approved May II,
11,2004byCity May 25,2004 by 2004 vs.
Council School Board Recommended May
25,2004
Revenue
Revenue from $287,619,482 $302,175,823 $14,556,341
Commonwealth
Appropriations
Administration, $19,614,342 $19,598,461 ($15,881)
Attendance and
Health
Instruction $455,762,748 $457,581,684 $1,818,936
Operations and $72,777,955 . $74,234,031 $1,456,076
Maintenance
Pupil Transportation $23,633,686 $24,250,263 $616,577
Total School $571,788,731 $575,664,439 $3,875,708
Operating Fund
Allocated to School CIP
CIP Pay-as-you-Go I $6,916,775 $17,597,408 I $10,680,633
The additional $10,680,633 in pay-as-you-go funds to the Capital Improvement Program will be
allocated as follows:
CIP 1-082 Alternative Education Facility - Phase I $ 1,764,158
CIP 1-234 Consolidated Virginia Beach Middle/
Kemps Landing Magnet
High School Addition - Phase I
High School Addition - Phase II
Elementary School 2007
School Bus Garage Facility Renovation/
Expansion
CIP 1-017
CIP 1-020
CIP 1-075
CIP 1-078
5,759,487
575,000
500,000
1,537,743
544.245
$10,680,633
. Public Information: A public hearing has been scheduled for public comment on the
proposed appropriation.
.
Alternatives: None
. Recommendations: It is recommended that the City Council amend the Fiscal Year
2004-05 Operating Budget and CIP Ordinances to reflect the requested modifications to the
School Board's Fiscal Year 2004-05 Operating Budget.
.
Attachments:
School Board Resolution dated May 25, 2004
School Board Resolution dated June 8, 2004
Ordinance
Recommended Action:
Submitting Department/Agency:
City Man...'~ Y- . De CYHt
.. IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
0..1.1 D. Edw"".
ClIo'""",
"'Irid I.Ceo"""'e
1513 Be_o.ri"
VA Be"". VA 23464
495-3551 Ih). 717'()259 (,ell
.., L Ro..
VoceC>amns<>
At,,-
1337 Hams Road
VA Be"". VA 23452
46J.3823~1.497-B633lwl
J",S,B,,"'"
Di.1rid6.Beach
721 H!\IopRoad
VA Beach. VA 23454
425-1597 (h)
Emma L "Em"O..b
"',",,5.l""""'"
112""",,_-
VA B_. VA 23452
3O).891'~J
A.J..... "JIm" """'"ls
"',",,2-Kern,.....
4545 Bob""'..-
VA Beaoh. VA 23462
467.2451~)
0.. Rlo.,
"'!rie14-B",..
4617 Red Coat Road
VA Beach. VA 23455
49Q.3681~J
S..O"Smi1h.Jo,..
........
705 Rod< Cleek ColI.
VA Beach. VA 23462
490-6167 (h)
........1 W. St",...
Dislrict3.RoseHaiI
105 Bnm"""'" ColI.
VA Beach. VA 23452
49>43D3lh).445-4S37(W}
MII"T.h!e
At.lage
1709lad""".""".
VA Beach. VA 23455
460-5451 ~J
Can>1y,o.We"".
AI-lage
1420 eoa.o. on"
VA Beach. VA 23455
464<674 ~}
loll S. WOOl,m., Ph,o.,
"'1rid1-Pri"".-
2532"" eo-. ColI.
VA Beach.VA 23456
23J.0691Iw)
SUPERINTENDENT
TImo1h, R J..ney, Ph,D.
2512Geo.."""-
VA "-VA 23455
427~326
BUDGET RESOLUTION
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
community, is to ensure that each student is empowered with the knowledge and skills necessary to
meet the challenges of the future; and
WHEREAS, the School Board has adopted a comprehensive strategic plan and school improvement
priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget in view of
state and federal requirements, additional demands for space and operations, the strategic plan,
priorities, expectations, competitive compensation for employees and the best educational interests
ofits students; and
WHEREAS, the total funds available for FY 2004/05 from the City of Virginia Beach to Virginia
Beach City Public Schools is $315,319,951; and
WHEREAS, these funds are to be used for school Debt Service payments, cash funding of the
Capital Improvement Programs (CIP) and Operating Budget Support; and
WHEREAS, the debt service payment is estimated to be $41,303,652 leaving a balance of
$274,016,299 to allocate between the Operating Budget and the Capital Improvement Program; and
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
provided by City Council on May 11, 2004; now, therefore, be it
RESOLVED: That the $274,016,299 be allocated as follows: $ 256,418,891 to the Operating
Budget, and $ 17,597,408 to the Capital Improvement Program (CIP); and be it further
RESOLVED: That the Virginia Beach City School Board, on the 25" day of May 2004, requests a
categorical appropriation of $ 575,664,439 from the City Council of Virginia Beach for the 2004-
2005 School Operating Budget, as outlined by category:
Instruction
Administration, Attendance and Health
Pupil Transportation
Operations and Maintenance
and be it further
$ 457,581,684
19,598,461
24,250,263
74,234,031
RESOLVED: That the Virginia Beach City School Board requests an appropriation of
$90,759,828 for special grants, and other special revenue funds, for the 2004-2005 fiscal year; and
be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk ofthe Board is directed to deliver a copy of this resolution to the Mayor, .each member of
City Council, the City Manager, and the City Clerk." . .'
Adopted by the School Board this 25th day of May 2004
à~ ø?:~'í/r
Daniel D. Edwards, Chainnan
SEAL
Attest:
,~ '"'P. 0ß.t4cw..dtA..
Dianne P. Alexander, Clerk of the Board
School Administration Building' 2S12 George Mason Drive . ~O, Box 6038 . Virginia Beach, VA 23456-O03B
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
BUDGET RESOLUTION
~:.::.~ Edw"ds WHEREAS, the mission ofthe Virginia Beach City Public Schools, in partnership with our entire
~~';"~~:"o~:, community, is to ensure that each student is empowered with the knowledge and skills necessary to
VABeach.VA 23464 meet the challenges of the future; and
495-3551 ~I,717-02591,,1I1
",ULRo,"
Voce Ch.rman
At.latg,
1337 Hams Road
VABeach. VA 23452
463-3823lhl,497.6633lw)
Jon,S. Broo's
o;sltid6-Be""
721 Hille¡> Road
VA_h,VA 23454
425-1597Ih)
Emma L "Em" D,,'s
"""'5-lyn"',,"
1125 ""h""",,,,"';"
VA Beach. VA 23452
341>8911lh)
A.Jam.."Jlm"D'B,m,
"'1rict2-Kempsvl"
4545BobJonesDffl'
VA Boacl1. VA 2J462
467.2457 (h)
Dan Rlowe
0;,01,14. Bay,'de
4617AedCoatRoad
VABeacl1.VA 23455
49~3681 (hi
SandroSm;th.Jonos
Al-lar9'
71J5Rocl<CteeI<Court
VA""".VA2J461
490-8167 (h)
";,h"IW.Slewart
DIsIrict3-Ros,HalI
105 B,enlWoOd Court
VA","",.VA 23452
498-4303 Ihl,445.4637 (w)
ArthurT, h"
At.l",e
1709la< ysml~ Mews
VA B,ach. VA 23455
4$0-5451 ~I
C.",lynD,W,,'"
At.l""
"20 Claud' """
VA B'ach, VA 2J455
464-6ß74~1
lols S. ..mams. Ph,D.
o;,l,.".Pri='-
253Zlæ"""""Co<irt
VA Beanh.VA 23456
233-059llw)
SUPERINTENDENT
TlmothyRJenney.Ph,D.
25"Goo,,"""""'"
VA B'anh, VA 23455
427-432S
WHEREAS, the School Board has adopted a comprehensive strategic plan and school improvement
priorities to guide budgetary decisions; and
WHEREAS, the School Board has studied the recommended School Operating Budget in view of
state and federal requirements, additional demands for space and operations, the strategic plan,
priorities, expectations, competitive compensation for employees and the best educational interests
of its students; and
WHEREAS, the total funds available for FY 2004/05 from the City of Virginia Beach to Virginia
Beach City Public SchooJs is $315,319,951; and
WHEREAS, these funds are to be used for school Debt Service payments, cash funding of the
Capital hnprovement Programs (CIP) and Operating Budget Support; and
WHEREAS, the debt service payment is estimated to be $41,303,652 leaving a balance of
$274,016,299 to allocate between the Operating Budget and the Capital hnprovement Program; and
WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
provided by City Council on May 11, 2004; now, therefore, be it
RESOLVED: That the $274,016,299 be allocated as follows: $ 256,418,891 to the Operating
Budget, and $ 17,597,408 to the Capital Improvement Program (CIP); and be it further
RESOLVED: That the Virginia Beach City School Board, on the 25th day of May 2004, requests a
categorical appropriation of $ 575,664,439 from the City Council of Virginia Beach for the 2004-
2005 School Operating Budget, as outlined by category:
Instruction
Administration, Attendance and Health
Pupil Transportation
Operations and Maintenance
and be it further
$ 457,581,684
19,598,461
24,250,263
74,234,031
RESOLVED: That the Virginia Beach City School Board requests an appropriation of
$90,759,828 for special grants, and other special revenue funds, for the 2004-2005 fiscal year; and
be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, ,each member of
City Council, the City Manager, and the City Clerk. . --, ' _. .'
, Adopted by the School Board this 25th day of May 2004
. ~-j? ~,þuy
Daniel D. Edwards, Chaitman
SEAL
Attest:
I ~ ""f. ~CW..C£<A-
Dianne P. Alexander, Clerk of the Board
School Admlni"",'ion Building' 2512 George Mason Drive ' ~o. Box 6038 . Yírglnla Beach. VA 23456-0038
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO AMEND THE
CITY'S FY 2004-05 OPERATING
BUDGET BY APPROPRIATING
$14,556,341 IN STATE FUNDS AND
REVISING APPROPRIATIONS TO
THE SCHOOL OPERATING BUDGET
AND SCHOOL PROJECTS IN THE FY
2004-05 CAPITAL BUDGET
12
WHEREAS, the General Assembly has made an additional $14,556,341 in
13
revenue available to the City of Virginia Beach for educational purposes; and
14
WHEREAS, a proposal for appropriating these funds to the School
15
Operating Budget and re-appropriating $10,680,633 in local funding to School
16
CIP projects in the Capital Budget was approved by School Board resolutions
17
adopted on May 25, 2004, and June 8, 2004.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
19
20
1. That the FY 2004-05 Operating Budget is amended as follows:
21
(a) $14,556,341 in estimated revenue from the State government is
22
hereby appropriated to the FY 2004-05 School Operating Budget; and
(b) $10,680,633 in local funding previously appropriated to the FY 2004-05
23
24
School Operating Budget is hereby re-appropriated to the School Capital
25
Projects, as set forth in this ordinance.
26
2. That the $3,875,708 in net additional appropriations to the School Operating
Budget is hereby allocated to the following categories:
27
28
(a) appropriations to the Instruction category are increased by
29
$1,818,936, resulting in a total appropriation of $457,581 ,684;
30
31
32
(b) appropriations to the Administration, Attendance and Health category
33
are decreased by $15,881, resulting in a total appropriation of
34
$19,598,461;
35
(c) appropriations to the Pupil Transportation category are increased by
36
$616,577, resulting in a total appropriation of $24,250,263; and
37
(d) appropriations to the Operations and Maintenance category are
38
increased by $1 ,456,076, resulting in a total appropriation of $74,234,031,
39
3. That the $10,680,633 in local funding that has been re-appropriated to the
40
School's Capital Budget shall be allocated as follows:
41
(a) $1,764,158 in additional appropriations to CIP 1-082, "Alternative
42
Education Facility - Phase I," resulting in a total appropriation of
43
$14,456,977;
44
(b) $5,759,487 in additional appropriations to CIP 1-234, "Consolidated
45
Virginia Beach Middle/Kemps Landing Magnet," resulting in a total
47
appropriation of $22,813,561;
(c) $575,000 in additional appropriations to CIP 1-017, "High School
46
48
Addition - Phase I," resulting in a total appropriation of $925,000;
49
(d) $500,000 in additional appropriations to CIP 1-020, "High School
50
Addition - Phase II," resulting in a total appropriation of $825,000;
51
(e) $1,537,743 in additional appropriations to CIP 1-075, "Elementary
52
School 2007", resulting in a total appropriation of $2,137,743; and
53
(f) $544,245 in additional appropriations to CIP 1-078, "School Bus
54
Garage Facility Renovation/Expansion," resulting in a total appropriation of
55
$1,251,523.
56
4. That estimated revenue in the FY 2004-05 School Operating Budget from
57
state revenue is hereby increased by $14,556,341.
58
5. That this ordinance shall be effective on July 1, 2004,
59
60
61
Adopted by the Council of the City of Virginia Beach, Virginia, on this
- day of , 2004.
62 Approved as to Content
~ ~~~~~~ s~~
67
68
Approved as to Legal
Sufficiency
~ S :?w~ r¡;.
City Attorney's Office
CA-9150
R-7
June 16, 2004
H:\PA\GG\ORDRES\School Revision Ordinance,doc
~),
/d.~.~. '::::'.'t'
[!i! . ,.\
\~~?fi{1;
"'"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance Authorizing and Directing the City Manager to Execute a Deed
of Release and Exchange Pertaining to an Agricultural Lands Preservation
Easement (Property of Matthew J, Stuebe and Clarita Cothran)
MEETING DATE: June 22,2004
. Background: In September 1998, the owners of a parcel of land located
on Hungarian Road placed the property in the City's Agricultural Reserve Program
(ARP). As part of the transaction, the property owners reserved, for future
development, four (4) three-acre building sites. The property has since been sold, and
the present owners of the property now desire that City release the ARP easement from
one of the reserved sites and, in exchange, place the easement on another portion of
the property not presently under an ARP easement.
. Considerations: The attached survey shows the areas that would be
exchanged. The respective areas are approximately equal in area. The appraiser who
appraised the property for the original ARP purchase has stated by letter that there is no
difference in the market value of the two sites.
Section 11 of the Agricultural Lands Preservation Ordinance expressly
allows exchanges of the type sought by the applicants, and states that the City Council
shall allow such exchanges under certain conditions. Those conditions, which are set
forth in the attached ordinance as findings of the City Council, are as follows:
(1) the acquisition of the proposed Preservation Easement in lieu of the
existing Preservation Easement does not adversely affect the City's interests in
accomplishing the purposes of the Ordinance;
(2) the proposed Preservation Easement area meets all of the eligibility
requirements set forth in Section 7 of the Ordinance;
(3) the land to be encumbered by the proposed Preservation Easement is of
at least equal fair market value, is of greater value as permanent open space, and of as
nearly as feasible equivalent usefulness and location for use as permanent open-space
land as the property on which the existing Preservation Easement is located; and
(4) the consideration for the acquisition of the new Preservation Easement
consists solely of the extinguishment of the existing Preservation Easement.
The proposed ordinance authorizes and directs the City Manager to execute a
Deed of Release and Exchange pursuant to which of the 3-acre sites reserved for future
development is exchanged for another reserved site. Such direction is subject to the
City Attomey's determination that there are no defects in title to the property to be
placed under the ARP Easement or other restrictions or encumbrances thereon which
may. in the opinion of the City Attorney, adversely affect the City's interests,
.
Public Information: No special form of advertising is required
. Alternatives: The City Council may deny the proposed exchange if it finds that
the requirements specified above have not been met.
. Recommendations: Adoption of the ordinance allowing the exchange of
reserved sites.
. Attachments: Survey showing existing and proposed area reserved for future
development.
Recommended Action: Approval ,
Submitting Department/Agency: Agriculture Department
City Manager~ \L. .ð(j~
1
2
3
4
5
AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE A DEED OF RELEASE AND
EXCHANGE PERTAINING TO AN AGRICULTURAL LANDS
PRESERVATION EASEMENT LOCATED ON LAND OF
MATTHEW J. STUEBE AND CLARITA COTHRAN
6
WHEREAS, on September 23,
1998, the City of Virginia Beach
7
(hereinafter "the City") and Rodney L. and Peggy S. Foster, Robert
8
E. and Margaret S. Shreeves,' and Sam T., Jr. and Joan F. Moore
9
(hereinafter
Purchase
the
"Sellers" )
entered
into
Installment
10
Agreement Number 1998-21, whereby the City acquired an Agricultural
11
Lands Preservation Easement (hereinafter "Preservation Easement")
12
upon certain property owned by the Sellers; and
13
WHEREAS, as part of the aforesaid transaction,
the Sellers
14
reserved for future development a portion of the aforesaid property
15
consisting of four (4)
three-acre building sites, such that the
16
Preservation Easement does not encumber such reserved sites; and
17
WHEREAS, Matthew J. Stuebe and Clarita Cothran, the present
18
owners of the aforesaid property, desire to exchange an area of
19
land, approximately three (3) acres in size, not encumbered by the
20
Preservation Easement for an approximately equal area of land which
21
is to be encumbered by the Preservation Easement, as shown on the
22
attached "EXHIBIT SHOWING EASEMENT EXCEPTIONS ON PROPERTY STANDING
23
IN THE NAME OF MATTHEW J. STUEBE & CLARITA COTHRAN FOR CITY OF
24
VIRGINIA BEACH AGRICULTURAL RESERVE PROGRAM," dated May 6, 2004,
25
and prepared by Midgette & Associates, P.C.; and
26
WHEREAS,
pursuant to Section 11 of the Agricultural Lands
27
Preservation Ordinance (hereinafter "Ordinance"), a landowner may
1
28
29
30
31
32
33
34
35
petition the City Council for the extinguishment of a Preservation
Easement
in
exchange
for
the
the
City
a
of
to
conveyance
Preservation Easement on a different portion of the landowner's
property, under certain conditions set forth in the Ordinance; and
WHEREAS, the Ordinance provides that the City Council shall
approve such an exchange if it makes certain findings enumerated in
the Ordinance; and
WHEREAS, the City Council does hereby make such findings, to-
36
wit:
37
(1) the acquisition of the proposed Preservation Easement in
38
lieu of the existing Preservation Easement does not adversely
39
affect the City's interests in accomplishing the purposes of the
40
Ordinance;
41
(2) the proposed Preservation Easement area meets all of the
42
eligibility requirements set forth in Section 7 of the Ordinance;
43
(3)
the land to be encumbered by the proposed Preservation
44
Easement is of at least equal fair market value,
is of greater
45
value as permanent
and of
nearly as
feasible
open
space,
as
46
equivalent usefulness and location for use as permanent open-space
47
land as the property on which the existing Preservation Easement is
48
located; and
49
(4)
consideration
for
the
acquisition
of
new
the
the
50
Preservation Easement consists solely of the extinguishment of the
51
existing Preservation Easement;
2
52
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
53
OF VIRGINIA BEACH:
54
That subject to the determination of the City Attorney that
55
there are no defects in title to the property to be placed under
56
the Preservation Easement or other restrictions or encumbrances
57
thereon which may, in the opinion of the City Attorney, adversely
58
affect the City's interests, the City Manager be, and hereby is,
59
authorized and directed to execute a Deed of Release and Exchange
60
to which the City releases the existing Preservation
pursuant
61
Easement on a portion of the property, as shown on the aforesaid
62
survey, and acquires, in exchange therefor, land equal in area to
63
be placed under the Preservation Easement, as shown on such survey.
64
Adopted by the City Council of the City of Virginia Beach,
65
Virginia, on this --- day of
, 2004.
CA-9298
OID\orders\stuebeexchangeordin.doc
June 8, 2004
R-1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
'UF~;:;;; I1A~
City Attorney's Office
LOT 2
GPIN# 1388-46-0266
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EASEMENT HEREBY VACA TEO \ '"
NO4'O"O'"W 3221.95'
FILE NUM8ER:O20580EA,DWG(SAA)
M~$~
.8. 271, Pc N/F
. 2J WILLIAM T. JACKSON &
TRACEY M. JACKSON
G-PIN#1386-37-3066
EXHIBIT
SHOWING EASEMENT EXCEPTIONS
ON PROPERTY STANDING IN THE NAME OF
MATTHEW J. STUEBE & CLARITA COTHRAN
FOR
CITY OF VIRGINIA BEACH
AGRICULTURAL RESERVE PROGRAM
M.B. 271. PG. 22-27
VIRGINIA BEACH. VIRGINIA MAY 6, 2004
SCALE: 1"=100'
Midgette & Associates, P.C.
ENGINEERS, SURVEYORS AND PLANNERS
".GO..... ~ t<IRTH CAAOUHA
708 BAntmElD BLVD. S.. BlDG. N. SUITE '.S
C!<........... VA. 233ZZ
mEPHOHE (757) "7-368' (2S2)405-1BZ4
FAX' (m) "7-07.'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Appointing Three (3) Viewers for One-Year Terms
Beginning July 1, 2004, to View Each Street or Alley Proposed to
be Closed
MEETING DATE:
.
Background:
Pursuant to authority granted to the City of Virginia Beach by the General Assembly
during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added
a new § 33-111.2 to the City Code which provides for the appointment of three (3)
viewers for one-year terms, beginning July 1 of each year, to view each and every
street or alley proposed to be altered or vacated during the term of such viewers.
.
Considerations:
Since the terms of the viewers appointed by City Council on June 25, 2003, will
expire on June 30, 2004, it is necessary to appoint viewers for one-year terms
beginning July 1, 2004.
.
Recommendations:
Adoption of attached ordinance.
.
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Planning
City Manager:
H'IPoh'y and Adminisn-arionlGENERAL GOVERNMENT DIVISION - Team AIOrdinances & R"olutions Prepared for
Council\ARFs Iviewsarf20Q4, wpd
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AN ORDINANCE APPOINTING THREE (3)
VIEWERS FOR ONE-YEAR TERMS BEGINNING
JULY 1, 2004, TO VIEW EACH STREET OR
ALLEY PROPOSED TO BE CLOSED
5
WHEREAS, Section 33-111.2 of the City Code provides that
6
" [t] hree (3) viewers shall be appointed each year to serve terms of
7
one year beginning July 1 to view each and every street or alley
8
proposed to be altered or vacated during the term"; and
9
WHEREAS, it is the desire of City Council to appoint the
Directors of the Departments of Planning, Public Works and Parks
and Recreation to serve as viewers for one-year terms, beginning
July 1, 2004, and ending June 30, 2005.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Director of Planning,
the Director of Public
Works and the Director of Parks and Recreation of the City of
Virginia Beach are each hereby appointed as a viewer to serve a
one-year term beginning July 1, 2004, and ending June 30, 2005, to
view each and every application to close a street or alley, and to
report in writing whether in their opinion, any, and if any, what
inconvenience would result from discontinuing the street or alley
or portion thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ----- day of , 2004.
CA-9301
H:\PA\GG\ORDRES\viewers20040rd.wpd
R-1
June 17, 2004
Approved as to Content:
¿"/¡'II
~~(;)di iifæ/
City Attornéy's Office
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ORDINANCE APPROVING MODIFICATION TO
PHASE IT PROJECT DOCUMENTS FOR THE
TOWN CENTER PROJECT
5
WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
6
Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
7
engaged in extensive negotiations with representatives of Armada/Hoffler Development Company,
8
LLc., and its affiliates, regarding the development of a Central Business District Project known as
9
"The Town Center of Virginia Beach" (the "Project");
10
WHEREAS, by Ordinance No. 2766A adopted June 3, 2003, after finding that Phase
11
IT of the Project will stimulate the City's economy, increase public revenues, enhance public
12
amenities, further the City's development objectives for the Central Business District and provide
13
necessary components to further the goals contained in the City's "Guidelines for Evaluation of
14
Investment Partnerships for Economic Development", the City Council (a) approved development
15
documents for Phase IT of the Project (the "Phase IT Project Documents"), (b) requested that the
16
Authority approve and execute the Phase IT Project Documents, and (c) authorized the City Manager
17
to execute a Support Agreement between the City and the Authority supporting the Authority's
18
obligations contained in the Phase IT Project Documents;
19
WHEREAS, Phase IT of the Project includes Block 12, a structure comprised of a
20
574-spacepublic parking garage (the "Block 12 Parking Garage"), 17,000 square feet of ground floor
21
commercial space and an 84,000 square foot Galyan's sporting goods store;
22
WHEREAS, pursuant to the Phase IT Project Documents, Town Center Associates,
23
LLC. ("Developer") is obligated to construct the Block 12 Parking Garage and the Authority is
24
obligated to purchase the Block 12 Parking Garage fÌom the Developer upon its completion and
25
upon completion of other Phase IT construction obligations;
26
27
28
29
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WHEREAS, pursuant to an Option Agreement dated as ofJune 5, 2000, as amended,
the Developer has an option to purchase certain land fÌom the Authority on the terms and conditions
set forth therein;
WHEREAS, pursuant to the Phase II Project Documents and the Option Agreement,
the Authority has the right on or before July 1, 2004 to cause the Theater Parcel (as defined in the
31
Phase IT Project Documents) to be released fÌom the Option Agreement on certain terms and
32
conditions.
33
WHEREAS, the Developer incurred additional costs of construction for Block 12 for
34
remediation of certain soil conditions due to unforeseen circumstances, and the Authority has
35
requested that Developer make certain safety improvements and enhancements within the Block 12
36
Parking Garage;
37
WHEREAS, to facilitate the Developer's construction of Phase IT ofthe Project, the
38
Developer has requested that the Authority modify the Phase IT Project Documents (the "Block 12
39
Modification") to provide that the acquisition cost of the Block 12 Parking Garage be increased by
40
up to $248,000 (the "Block 12 Acquisition Cost Increase") to account for (i) the allocable portion of
41
additional Block 12 construction costs incurred by Developer for remediation of certain soil
42
conditions due to unforeseen circumstances and (ii) safety improvements and enhancements to be
43
completed by the Developer to the Block 12 Parking Garage;
44
WHEREAS, the Developer has agreed to dedicate (i) up to $10,000 of the Block
45
12 Acquisition Cost Increase for safety improvements and enhancements to the Block 12 Parking
46
Garage, and (ii) $238,000 of the Block 12 Acquisition Cost Increase toward the following
47
improvements to Block 8B, on which the Developer is constructing a 37,500 square foot, two-
48
story commercial structure: (a) a Virginia Power transformer in the building to be constructed on
2
~
~, ,.
"" .."-'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance authorizing the execution of a Cost Participation Agreement for the
construction of improvements to Stumpy Lake Lane and Archdale Drive and the
acceptance of dedicated property located within the project construction area.
MEETING DATE: June 22, 2004
. Background: KGS Construction Company (KGS) is the developer of "The
Orchard at Glenwood Sections 1, 2 and 3" Subdivision (the "Orchard"). The Orchard
consists of three non-contiguous sections of development along Stumpy Lake Lane.
Each section has adequate access into and out of the development by means of
existing roadways. KGS, however, is required to extend Stumpy Lake Lane through
section one and to make right-of-way improvements, including road widening, curbing,
etc. to Stumpy Lake Lane in each of the three sections of the Orchard. After these
required improvements are completed, a gap of approximately 500 linear feet of
unimproved Stumpy Lake Lane will exist between two of the sections of the subdivision.
Because that portion of Stumpy Lake Lane is not needed for access to the
development, KGS is not responsible financially for the cost of connection of the two
sections of Stumpy Lake Lane; connecting the two existing sections of roadway,
however, will improve traffic flow in the area, as will improving Archdale Drive.
. Considerations: The proposed Cost Participation Agreement with KGS
provides for the immediate improvement to the remaining 500 linear feet of Stumpy
Lake Lane. It also authorizes improvements necessary to provide additional access via
Archdale Drive. KGS will construct these improvements concurrently with the
improvements required for the Orchard. The City owns all of the right of way necessary
for these required improvements with the exception of a portion of the Archdale Drive
right of way, on the north side of Stumpy Lake Lane. The owner of that property, Tate
Terrace Realty Investors, Inc., has agreed to dedicate the required property to the City
in conjunction with this Cost Participation Agreement.
. Capital Improvement Project 2-285 provides for intersection and road segment
improvements to increase traffic capacity and safety. Funds are available in CIP 2-
285.196 (Traffic Safety Improvements) for this project. Under the proposed Cost
Participation Agreement the City will pay 100% of the costs of the proposed
improvements to the 500 linear feet of unimproved Stumpy Lake Lane totaling
$350,000. The Agreement benefits the City by providing for improvements to the
intersection and road segment in advance of a scheduled CIP project and at a lower
cost than the City would othelWise pay through the normal CIP process.
. Public Information: The president of the Glenwood Civic League and
Homeowners' Association has been contacted and the project discussed with him. He
indicated that this is a welcome project for the neighborhood and they fully support the
City's effort in this regard.
. Alternatives: Do not approve this Cost Participation Agreement, requiring the
project to be programmed as a future CIP Project, resulting in a delay and higher costs
to the City.
. Recommendations: Staff recommends Council adopt the ordinance (i)
authorizing the City Manager to execute the cost participation agreement, and (ii) to
accept the property being dedicated to the City to construct the project.
Attachments: Ordinance
Summary of Terms
Proposed Project Area Map
Submitting DepartmenVAgency: Public WorksiEngineeri
COy M~9'" U k .'èß.-..¡,
1
2
3
4
5
6
7
8
9
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ORDINANCE AUTHORIZING THE EXECUTION
OF A COST PARTICIPATION AGREEMENT
BETWEEN THE CITY AND KGS
CONSTRUCTION COMPANY (KGS) FOR THE
CONSTRUCTION OF IMPROVEMENTS TO
STUMPY LAKE LANE AND ARCHDALE DRIVE
AND THE ACCEPTANCE OF DEDICATED
PROPERTY LOCATED WITHIN THE PROJECT
CONSTRUCTION AREA
WHEREAS, KGS Construction Company (KGS), the developer of the Orchard at Glenwood
14
Subdivision (the "Orchard") located along Stumpy Lake Lane in the City of Virginia Beach, is
15
required to make right of way improvements to Stumpy Lake Lane along the fÌontage of the Orchard;
16
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20
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23
24
25
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27
28
29
30
31
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34
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WHEREAS, to the east of Archdale Drive, KGS is required to make right-of-way
improvements along Stumpy Lake Lane associated with Section 1 of the Orchard and to the west of
Archdale Drive. KGS is also required to make right of way improvements to Stumpy Lake Lane
associated with Sections 2 and 3 of the Orchard;
WHEREAS, when the required improvements are completed, a gap of approximately 500
linear feet of unimproved Stumpy Lake Lane (the "gap area") will exist between the two
developments;
WHEREAS, Archdale Drive intersects with Stumpy Lake Lane within the gap area and
improvements are necessary to Archdale Drive in order to provide additional access to the
neighborhood located off of Archdale Drive;
36
WHEREAS, an opportunity to provide these needed improvements in advance of a scheduled
37
CIP project exists through a cost participation agreement with KGS, which KGS is willing to
38
execute;
39
WHEREAS, in the opinion of the Council of the City of Virginia Beach, roadway
40
improvements to the gap area and a portion of Archdale Drive are necessary to provide a completed
41
roadway network;
42
WHEREAS, in the opinion of the Council of the City of Virginia Beach, entering into the
43
Cost Participation Agreement with KGS for the construction of these improvements will be
44
beneficial for the preservation of the safety, health, peace, good order, comfort, convenience, and for
45
the welfare of the people of the City of Virginia Beach;
46
WHEREAS, in order for the improvements to be constructed, the property along Stumpy
47
Lake Lane and Archdale Drive owned by Tate Terrace Realty Investors, Inc. must be dedicated to the
48
City as right of way; and
49
WHEREAS, Tate Terrace Realty Investors, Inc., is willing to dedicate the property for the
50
construction of the improvements:
51
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
52
VIRGINIA BEACH, VIRGINIA:
53
That the City Council authorizes the City Manger to accept property located within the
54
Stumpy Lake Lane! Archdale Drive project area to be dedicated by Tate Terrace Realty Investors, Inc.
55
56
2
57
Further be it resolved that the City Manager is hereby authorized to execute a cost
58
participation agreement between the City and KGS for construction of road improvements along
59
Stumpy Lake Lane and Archdale Drive in accordance with the Cost Participation Agreement
60
Summary of Terms attached hereto, and containing other terms as are acceptable to the City Manager
61
and approved by the City Attorney.
62
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of
63
,2004.
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CA- 9248
F:/DataJATYlForms/DeedslWorking/Stumpy Lake Lane ord2.doc
R-l
06/07/04
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
CERTIFIED AS TO
A V AILABILITY OF
~UNDS:
\:::iiw lei- {¡¡kif ù
Department of Finance
~
City Attorney's Office
3
SUMMARY OF TERMS
STUMPY LAKE LANE AND ARCHDALE DRIVE IMPROVEMENTS
COST PARTICIPATION AGREEMENT
DEVELOPER:
COST PARTICIPANT:
DESIGN AND
ENGINEERING COSTS:
SPECIAL TERMS
AND CONDITIONS:
KGS Construction Company (KGS)
City of Virginia Beach
Payment by the City to KGS in the amount of $350,000.00. All
bonds must be posted prior to payment by the City. Payment will
be made within thirty days after i) completion of the improvements
in accordance with the plans, ii) acceptance by the City, and iii)
submission by Developer of a requisition and invoices for the
costs.
Developer is required to post a performance bond, pay the standard
inspection fees.
Developer will design and construct the road improvements on or
before 180 days from the date of full execution of the Cost
Participation Agreement.
Developer will perform all preliminary site work including
surveying and stakeout, clearing, grading, etc. necessary for
the construction of the project.
Developer will construct a 2-lane roadway with curb/gutter, and a
sidewalk for both Stumpy Lake Lane and Archdale Drive, each
matching the typical section of the existing roadway.
Developer will construct all storm water drainage features,
construct and maintain all erosion and sediment control features
necessary for the project and extend the water line along Stumpy
Lake Lane as necessary for the project.
Developer will provide all traffic signage, pavement markings and
street lighting necessary for the project.
Developer will construct all landscaping, including trees, grading,
seeding and fertilizing necessary for the project.
t
,"(
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PROPOSED PROJECT AREA
STUMPY LAKE LANE/ARCHDALE DRIVE
COST PARTlClPA TlON AGREEMENT
aUNE 2004)
SCALE: i" = 300'
I , I
0' 300' 600'
PN! Pull,n,dgn
" -1 .
LOCA TlON MAP
STUMPY LAKE LANE/ARCHDALE DRIVE
COST PARTICIPATION AGREEMENT
aUNE 2004)
SCALE: I" = 800'
¡---"
O' 800' l,bOO'
POI< Pu""" rinn
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Modification of Town Center Phase II Project Documents relating to
Block 12 and Block 6
MEETING DATE: June 22, 2004
.
Background: The City of Virginia Beach, the Virginia Beach Development
Authority and Town Center Associates, LL.C. ("Developer") are parties to a
development agreement relating to Phase II of the Town Center Project.
The Phase II Project Documents require the VBDA to purchase the 574-
space public parking garage to be constructed by Developer on Block 12
upon completion of the garage and other Phase II construction obligations.
Developer has requested that the VBDA modify the Phase II Project
Documents to increase the purchase price of the Block 12 garage by up to
$248,000 to cover the cost of the safety improvements to the garage
requested by VBDA and to cover the cost of remediation of unanticipated
bad soil conditions. Developer has agreed to dedicate up to $10,000 of the
increase for safety improvements to the Block 12 garage and $238,000 to
improve a 37,500 square foot commercial structure on Block 8B as follows:
a) certain enhancements to the west facade of the building to anticipate
that it may be visible to the City's proposed performing arts theater, b) an
escalator for public access to the second floor of the Block 8B
improvements, and c) enlargement of a Virginia Power transformer to serve
Fountain Plaza to allow its off-site relocation. Developer has also agreed to
modify the Phase II Project Documents to extend the date by which VBDA
must give notice to Developer to cause release of the Theater Parcel from
the Option Agreement to October 1, 2004.
The obligations of the VBDA with respect to the Block 12 garage are
supported by the City pursuant to a Phase II Support Agreement, and the
City's obligations shall be funded by (i) the proceeds of the Public Facility
Revenue Bonds Series 2003A issued September 9, 2003, the debt service
on which will be paid from the revenues generated from the Central
Business District - South Tax Increment Financing Fund, and (ii) CIP 3-283.
.
Considerations: The total increased purchase price of the Block 12 garage
will not exceed the $8,400,000 ceiling set forth in the Phase II Development
Agreement. The additional costs incurred have been validated by the
Authority's construction consultant. This modification will enhance Phase
II of the Project and make certain desired improvements to Block 8B of the
Project.
.
Public Information: Through the normal agenda process.
.
Alternatives: Do not approve the modification.
.
Recommendations: Approval
.
Attachments: Ordinance
Recommended Action: Approval of Ordinance ~ ~ )
Submitting Department/Agency: Economic DevelopmenV~V
COy ..".g,,~' k , ð-6"""'-
F,IDataIA TYlO"';"INONCODE\CA9247arl.dOC
49
Block 8B to serve the Fountain Plaza to be constructed by the Authority on Block 8A, (b) an
50
escalator for public access to the second floor of the Block 8B improvements, and (c) certain
51
enhancements to the west façade of the building to be constructed on Block 8B;
52
WHEREAS, the Developer has also agreed to modifY the Phase IT Project
53
Documents (the "Block 6 Modification") to extend the date by which the Authority must give
54
notice to the Developer to cause the release of the Theater Parcel fÌom the Option Agreement to
55
October 1,2004;
56
WHEREAS, the obligations of the Authority with respect to the Block 12 Parking
57
Garage are supported by the City pursuant to a Phase IT Support Agreement;
58
WHEREAS, the Block 12 Parking Garage acquisition cost shall be funded fÌom (i)
59
the proceeds of the Public Facilities Revenue Bonds Series 2003A issued September 9,2003, the
60
debt service on which will be paid fÌom the revenues generated fÌom the Central Business District-
61
South Tax Increment Financing Fund, and (ii) CIP 3-283;
62
WHEREAS, on June 17, 2004, the Authority adopted a Resolution, subject to
63
approval by City Council, approving the Block 12 Modification and the Block 6 Modification;
64
WHEREAS, the City Council finds that the proposed Block 12 Modification is
65
desirable as it allows the Developer to enhance Phase IT of the Project and make certain desired
66
improvements to Block 8B of the Project; and
67
WHEREAS, the City Council hereby approves the Block 12 Modification and the
68
Block 6 Modification and desires that the Authority pursue the preparation of supplemental Phase IT
69
Project Documents to evidence the Block 12 Modification and the Block 6 Modification.
70
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
71
VIRGINIA BEACH, VIRGINIA;
3
72
73
74
75
76
1.
In connection with the Virginia Beach Development Authority's (the
"Authority's") purchase of the public parking garage to be constructed on Block 12 of the Town
Center Project (the "Block 12 Parking Garage") pursuant to the development documents for Phase IT
of the Town Center Project (the "Phase IT Project Documents"), the City Council approves the
modification (the "Block 12 Modification") of the Phase IT Project Documents to provide that the
77
acquisition cost of the Block 12 Parking Garage be increased by up to $248,000 (the "Block 12
78
Acquisition Cost Increase") to be dedicated as follows: (i) up to $10,000 of the Block 12 Acquisition
79
Cost Increase shall be utilized for safety improvements and enhancements to the Block 12 Parking
80
Garage, and (ii) $238,000 of the Block 12 Acquisition Cost Increase shall be used for the following
81
improvements to Block 8B, on which the Developer is constructing a 37,500 square foot, two-story
82
commercial structure: (a) a Virginia Power transformer in the building to be constructed on Block 8B
83
to serve the Fountain Plaza to be constructed by the Authority on Block 8A; (b) an escalator for
84
public access to the second floor ofthe Block 8B improvements; and (c) certain enhancements to the
85
west façade of the building to be constructed on Block 88. The City Council finds that the Block 12
86
Modification is both a necessary and desirable modification to the Authority's obligations with
87
respect to Block 12 of Phase IT of the mixed-use commercial development project known as "The
88
Town Center of Virginia Beach".
89
2.
The City Council approves the modification (the "Block 6 Modification") of
90
the Phase IT Project Documents to provide that the date by which the Authority must give notice to
91
the Developer to cause the Theater Parcel to be released from the Option Agreement shall be
92
extended to October 1, 2004.
93
3.
The City Council approves the Resolution adopted June 17, 2004 by the
94
Authority (a) approving the Block 12 Modification and the Block 6 Modification, (b) authorizing the
4
107 City Attorney.
108
109 of
1l0
111 CA-9247
112 June 10,2004
113
114
115
116
117
118
119
120
121
122
123
124
125
100
101
102
103
104
105
106
95
City Manager and the City Attorney, on behalf of the Authority, to proceed with the preparation of
96
supplemental Phase II Project Documents necessary and appropriate to implement the Block 12
97
Modification and the Block 6 Modification (the "Modification Documents"), and (c) authorizing the
98
appropriate officers of the Authority to execute and deliver the Modification Documents to which it
99
is a party so long as such Modification Documents are consistent with the provisions herein and are
acceptable to the City Manager and the City Attorney.
4.
On behalf of the City of Virginia Beach, the City Manager and the City
Attorney are hereby authorized and directed to proceed with the preparation of the Modification
Documents.
5.
The City Manager, or his designee, is authorized to execute and deliver any
Modification Documents to which the City is a necessary party so long as such Modification
Documents are consistent with the provisions herein and are acceptable to the City Manager and the
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day
,2004.
.~S~UFFlCIENCY:
City Attorney
5
126
127
128
129
130
131
132
133
134
135
136
F ,\DalalA TY\OrdinINONCODE\Block l20arage.doc
APPROVED AS TO AVAILABILITY OF
FUNDS:
QiM~p{e () QJ~
Finance Department
6
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment Request to construct and maintain in-ground lighting for
TowneBank
MEETING DATE:
June 22, 2004
.
.
Background:
G. Robert Aston, Jr., Chairman and Chief Executive Officer on behalf of
TowneBank, desires to construct and maintain in-ground lighting and irrigation into
a portion of Virginia Beach Boulevard and into a portion of Constitution Drive.
Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the agreement.
.
Public Information:
Advertisement of City Council Agenda.
.
Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
.
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<¡#' ~
City Manag.O k. .~6Y't
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF
VIRGINIA BEACH BOULEVARD AND INTO A
PORTION OF CONSTITUTION DRIVE BY
TOWNEBANK, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS,
TowneBank, desires to construct and maintain in-
ground lighting and irrigation into a portion of City's rights-of-way
located at Virginia Beach Boulevard and at Constitution Drive.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009
and
15.2-2107,
Code
of
Virginia,
1950,
as
amended,
to
authorize
temporary encroachments upon the City's rights-ot-way subject to such
terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia,
1950,
as
amended,
TowneBank,
and
its
assigns
and
successors
in
title
are
authorized to construct and maintain a temporary encroachment for in-
ground lighting and irrigation in the City's rights-ot-way as shown on
the map entitled: "TOWNEBANK AT TOWN CENTER VIRGINIA BEACH, VIRGINIA", 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
BE IT FURTHER ORDAINED, that the temporary encroachment is
expressly subject to those terms, conditions and criteria contained in
the Agreement between the City of Virginia Beach and TowneBank,
(the
"AgreementH) which is attached hereto and incorporated by reference; and
BE
IT
FURTHER
ORDAINED
that
the
City
Manager
or
his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
effect until
such time
as
TowneBank and the
City Manager or his
authorized designee execute the Agreement.
Adopted by the
Council
of the
City of Virginia
Beach,
Virginia, on the
day of
, 2004.
CA-#9175
gsalrnons/TowneBank/ ord.
R-l
PREPARED: 05.17.04
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COLUMBUS ST. ~ J :: :: :: -::" 'l' - .~ -
-¡'-'\:~~',LOCATION ~AP'J) ~~
~ :k SHOWING,: '-' '-' ~
ENCROACHMENT REQUESTED BY --- v) c_' -
sou ERN BLVD. --- TOWNEBANK h__=___h_=-____-----
VIRGINIA BEACH BOULEVARD AND
CpNSTITUTION ,qR!YE ~ -~-ruc~-~
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MARCH 2004
PREPARED BY VIRGINIA BEACH
CITY ATIORNEY'S OFFICE
EXEMP1ED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~ day of \Ía.rcl\.
_,2004, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
TOWNEBANK, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", eventhough
more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland
designated and described as "TOWN CENTERBLOCK5-C" as shown on "SUBDIVISION PLAT
OF BLOCK 5 SUBDIVISION PLAT OF THE TOWN CENTER, PHASE ONE-A SUBDIVISION
PLAT OF THE TOWN CENTER PHASE ONE PLAT OF SUNNYBROOK" as recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number
200301090004843 and being further designated and described as 297 Constitution Drive, Virginia
Beach, Virginia 23462;
WHEREAS, it is proposed by the Grantee to construct and maintain inground lighting
I and irrigation, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
I necessary that the Grantee encroach into a portion of an existing City right of way known as Virginia
I Beach Boulevard and Constitution Drive, "The Encroachment Area"; and
!
!
GPIN #1477-55-9141-0000
II
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
I benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar
I ($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:
"TOWNEBANK AT TOWN CENTER VIRGINIA
BEACH, VIRGINIA ", a copy of which is attached
II
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 fÌom 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 indemnify and hold
I
! harmless the City, its agents and employees, fÌom and against all claims, damages, losses and
2
I
i
I
I expenses including reasonable attomey's fees in case it shall be necessary to file or defend an action
I arising out of the location or existence of the Temporary Encroachment.
I It is further expressly understood and agreed that nothing herein contained shall be
I construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the linùted extent specified herein, nor to permit
I
I the maintenance and construction of any encroachment by anyone other than the Grantee.
i It is further expressly understood and agreed that the Grantee agrees to maintain all
I
sidewalk repairs associated with concrete cracking.
It is further expressly understood and agreed that the Grantee agrees to maintain the
I Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before conunencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open cut
of the public roadway will be allowed except under extreme circumstances. Requests for exceptions
must be submitted to the Highway Operations Division, Department of Public Works, for final
approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
fÌom the Office of Development Services CenterlPlanning 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 CenterlPlanning Department.
3
I
I
I in force all-risk property insurance and general liability or such insurance as is deemed necessary by
i
I the City, and all insurance policies must name the City as additional named insured or loss payee,
I as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
I
I amount not less than $500,000.00, combined single linùts of such insurance policy or policies. The
I Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
It is further expressly understood and agreed that the Grantee must obtain and keep
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.
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
I 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, the said TowneBank has caused this Agreement to be
executed in its corporate name and on its behalf by G. Robert Aston, Jr., Chairman and Chief
Executive Officer. Further, that the City of Virginia Beach has caused this Agreement to be
4
executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
TOWNEBANK
and
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.
5
Notary Public
My Commission Expires:
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 VIRGINIA
BEACH.
I
I
i
1
I My Commission Expires:
Notary Public
STÞ-.TE OF VI rq ì/'! f;;L
«flY/COUNTYoF rértc,o! ruff} to-wit:
The foregoing instrument was acknowledged before me this ;;¡ /lCL,
day of
~,uta ICJ,-, ,2004, by G. Robert Aston, Jr., Chairman and Chief Executive Officer on behalf
of TowneBank.
'/;. c.. ." J
! - '{ ;'i-rÎ r f.c - /L :'.U 1(:::0(1"-..
ì. Notary Public
My Commission Expires:
.. ","" ~i ""'".
. .-~.._""S ",1Ji<,,'... w " <Y\N
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6
APPROVED AS TO
LEGAL SUFFICIENCY
cv
Rev. 07-24-02
APPROVED AS TO CONTENT
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7
LEGEND
0 FLUSH MOUNTED IN-GROUND
UPLIGHTING FIXTURE
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STI~
DESIGNS
NOTES & LEGENDS
~"9~
HEAOS
- TORO 570Z SERIES - 12" HIGH POP SPRINKLER
HEAD FITTEO v"TH FIXED SPRAY NOZZLE,
ORIP IRRIGATION
= - LOCATION OF TaRO NETAFtM TECHLINE 1/2"
P,E, TUBING. 12" EMITTER SPACING INTERVALS
AT ,6 GPH EMlnERS INLINE.
I@ - LOCATION OF ORIP VALVE ASSEMBLY III<ICH INCLUDES TORO 25~ ~
SERIES REMOTE CONTROL VALVE v"TH FlOW CONTROL FEATURE.
NETAFtM 120 MESH FILTER ¡¡OF075-120, ANa NETAFIM PRESSURE
REGULATOR HPRV07SHF2S,
PIPE
- - DENOTES ROUTE OF ,.. PR 200 PVC LATERAL PIPING,
--- - DENOTES ROUTE OF ," PR 200 MAIN LINE PIPING,
VALVES
a - LOCATION OF ELECTRIC 24 VAC. REMOTE CONTROL VALVE
nWJõat,c°NTROl FEATURE (MODEL H TaRo 254-06-04).
Iì\I - LoCATI~;~~~,
SHALL BE
III<ICH SH
SHAlL BE
SHALL BE
ON THE PLAN,
- TRICAL CONNE'
PE IN ACCOROANI
- VAC v"RING SI
ELECTRICAL C'
NOTE, THE O""ER SHALL BE RESPONSIBLE FOR PROVIOING A 120
VAC POWER CIRCUIT AT THE CONTROLLER LOCATION, THE POWER SOURC'
SHALL BE CAPABLE OF SUPPORTING A 10 AMPERE LOAO AT 120 VAC,
BACKFLOW PREVENTION
HI PR.Q~¡W¡;; (!\!åcI+!C~~.'¡¡:y WI,'CIf~æ.~,Så~RfH~ACKFLOW
RE~PONSIB1~'K' O¡"'THEIRRIGATION CONTRA'trÕ¡\', THE BACKFLOW
SHALL BE I IN SIZE, '
WATER SUPPLY
@ - OENoTES THE LOCA~N OF TH. PROPOSED IRRIGATION METER.
THE METER S)j~\L BE E O""ER S RESPONSIBILITY, THE METER
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appropriation of $861,101 in State Revenue for Roadway Maintenance and
Storm Water Projects
MEETING DATE: June 22,2004
.
Background: The City of Virginia Beach roadway network consists of 3,495
lane miles, with annual increases of approximately 20 lane miles. Although
the present condition of the roadways is good, 80% of this pavement is now
15 years old and older. The need for maintenance increases as the City's
roadways age and the increase in maintenance is further exacerbated by the
increase both in numbers of vehicles and miles traveled. Within the storm
water fund, we have'seen increases in bid prices for neighborhood projects
and must adjust scope and budget.
.
Public Works uses ~ computerized pavement management system to plan
street maintenance. As noted in the budget, the impact of limited funds has
led to an inability to maintain the desired 15 year major maintenance cycle
and a backlog of ne~ds has emerged.
Considerations: As part of the State's transportation funding formula, each
year the City receives roadway maintenance funds through the Virginia
Department of Transportation for qualifying roadways. The City's FY2003-O4
Resource Management Plan includes a maintenance revenue estimate of
$29,757,159 from the Virginia Department of Transportation. Of this amount,
$25,143,315 is included in the General Fund and in CIP 2-284, "Pavement
Maintenance Program: for roadway maintenance, and $4,613,844 is included
in the Storm Water Utility Fund and in CIP 7-063, "Neighborhood Storm Water
Infrastructure Improvements: for maintenance of drainage facilities
associated with roadways.
Fortunately, the final, FY2003-O4 budget for the Virginia Department of
Transportation includes actual maintenance reimbursement revenue to the
City of $30,618,260,.an increase of $861,101 above the earlier estimate.
Based on the same allocation method currently used, the additional revenue
should be allocated as follow: $727,585 to reduce the backlog of roadways
resurfacing projects,and $133,516 for storm water neighborhood drainage
projects.
.
Public Information: Public advertisement of the agenda package.
.
Alternatives:
Continue with only current levels of roadway maintenance funding and
stormwater funding.. Current levels of funding will result in continued
increases in the maintenance backlog and decreases in neighborhood
drainage projects as costs increase.
.
Recommendations:
Appropriate $727,585 of additional VDOT maintenance revenue to CIP 2-284,
Street Asphalt Resurfacing, and $133,516 to CIP 7-063, Neighborhood Storm
Water Infrastructure Improvements.
.
Attachments:
Ordinance
Recommended Action: Approval of ordinance
Submitting Department/Agency: Public wo~
City Manager: ~ \L . ÒfJf1r?7... -. .
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO APPROPRIATE $861,101
FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO TWO CAPITAL
PROJECTS FOR ROADWAY MAINTENANCE
ACTIVITIES
WHEREAS, the City will receive in additional revenue in FY 2003-04 fÌom the
10
Virginia Department of Transportation for roadway maintenance activities.
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12
OF VIRGINIA BEACH, VIRGINIA:
13
1.
That $861,101 of roadway maintenance revenue fÌom the Virginia
14
Department of Transportation is hereby appropriated, to the projects and in the amounts
15
as follows:
16
(a) $727,585 to Capital Project #2-284, "Street Asphalt Resurfacing," to
17
reduce the current backlog of maintenance; and
18
(b) $133,516 to Capital Project #7-063, "Neighborhood Storm Water
19
InfÌastructure Improvements," to facilitate neighborhood drainage projects.
20
2.
That the estimated revenue fÌom the state government in the FY 2003-04
21
operating budget is hereby increased by $861,101.
22
23
24 of
25
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day
,2004.
APPROVED AS TO CONTENT:
jj~ CL
Management Services
CA-9148
GG \0 rders \road wa yord. doc
R2 - June 11,2004
APPROVED AS TO LEGAL SUFFICIENCY:
ú~~~ ~~
City Attorney's Offi e
Jr,
r~~"
/~~~~'{\
, \H
. '"
\, {Ii'
~,§-,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Accept and Appropriate $108,630 in HUD Federal Section 8 Housing Choice
Voucher Revenue to the Department of Housing and Neighborhood Preservation
MEETING DATE: June 22,2004
. Background:
The Department of Housing and Neighborhood Preservation (DHNP) receives Federal
funds annually to support rental subsidies for persons living in privately owned housing
around the city. In addition, special allocations of these funds are provided to the
department when an apartment complex ends its rental payment arrangement with HUD
and "converts" to a new financing arrangement. These special allocations provide
housing voucher funding administered by DHNP and insure that current residents do
not become homeless due to increases in rents or other factors.
Effective June 1, 2004, Bridle Creek Apartments, located at 1508 Halter Drive, and
consisting of 131 units, will be the sixth HUD mortgaged property in the City of Virginia
Beach to convert to the Section 8 Housing Choice Voucher Program. When this occurs
the existing residents of this property who qualify will be provided rental assistance
which they can utilize either at that complex or at an eligible housing unit elsewhere.
The requested appropriation amount is the potential maximum amount of subsidy and
administrative funding that will be received in the current fiscal year. Funding for fiscal
year 2004-2005 is included in the approved budget.
. Considerations:
HUD is providing all funding, comprised of $828,444 in annual budget authority, to
assist the 131 households in Bridle Creek Apartments. Based on the timing of the
provision of the assistance, it is estimated that $108,630 will be needed and utilized
during the current fiscal year for this purpose. Therefore, this ordinance appropriates
that amount. Included in this amount is $69,037 for rental and utility assistance
payments, $32,750 for the special fees earned for 100% of the conversion expenses,
and $6,843 in administrative fee income. The fee income will be utilized to support staff
and all other administrative costs.
The City does not have to accept the funding and provide the subsidies, However, this
would require that HUD find another agency to do this. Considering that the City
provides all such other funding within the City and that by operating the program we
utilize controls and guidance that are consistent with City policy, it is recommended that
we do accept the funding and provide the subsidies.
. Public Information:
Public information is provided through the normal City Council agenda process.
. Alternatives:
Without this appropriation, HUD would be required to designate another administrative
entity to provide this assistance to the residents. This could result in significant delays
and is considered administratively infeasible and otherwise not desirable.
. Recommendations:
It is recommended that HUD funding in the amount of $108,630 be accepted and
appropriated to the FY 2003-04 operating budget of the Department of Housing and
Neighborhood Preservation.
. Attachments:
Ordinance
Notification Letter of Award from HUD
Recommended Action:
Submitting Department/Agency: Housing and Neighborhood Preservation þ ,.)\1
City M.n..~ \ '- ~ n...
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO ACCEPT AND APPROPRIATE $108,630 IN
FEDERAL FUNDING TO THE FY 2003-04 OPERATING BUDGET
OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION TO PROVIDE HOUSING ASSISTANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $108,630 in federal Housing and Urban Development funding is
12
hereby accepted and appropriated to the FY 2003-04 Operating Budget of
13
the Department of Housing and Neighborhood Preservation to provide housing
14
assistance, and estimated revenue from the federal government is increased
15
in the FY 2003-04 Operating Budget by $108,630.
16
17
18
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2004.
APPROVED AS TO CONTENTS:
APPROVED AS
SUFFICIENCY:
TO
LEGAL
Q~Svi~
/ $v~f~ !¡(
City Attorney' Offic~
CA-929l
H:\PA\GG\ORDRES\Housing-Bridle Creek Vouchers ORD.DOC
R2
June 9, 2004
C C 1)}J ¡VI VVI
,.
U. s. Department of Housing & Urban Development
",..'NTo,.
0"'"1,,"0\
~ * * ~
\ $
~." .§
ð1'i ..,~#'
APR - 8:2004
Richmond Office
Public Housing Program Center
600 East Broad Street, 3rdFIoor
Richmond, VA 23219 '
1-800-842-2610
Mr. Andrew Friedman
Director, Department of Housing and
Neighborhood Preservation
City of Virginia Beach
Municipal Center, Building 18A
Virginia Beach, VA 23456
Dear Mr. Friedman:
SUBJECT: Conversion Vouchers
Bridle Creek Apartments
Virginia Beach, Virginia
This letter is to formally notify your agency that the City of Virginia Beach has
been awarded 131 units of Section 8 Conversion Vo;uchers with annual budget authority
of$828,444, and Administrativefees of$82,116 in order to assist residents of Bridle
Creek Apartments in Virginia Beach, Virginia. Also provided is budget authority of
$32,750 for special fees to compensate the authority for any extraordinary Section 8
administrative costs associated with the conversion. These funds are provided consistent
,with Pili Notice 99-40 (HA) and Notice PIH 2001-41 (HA).
The Annual Contributions Contract (ACC) is being prepared and will be the
subject of separate correspondence. The effective date is April I, 2004. We appreciate
your agreeing to administer these vouchers so that eligible residents of Bridle Creek
Apartments can be assisted.
Patricia W. Anderson
Director
~
I
\
\
I
I
\
I
I
I
\
If you have any questions or need further assistance, please contact Frank Clower
at 804-771-2100 ext. 3778.
Sincerely,
C5~ .)I.. Ûdt«(~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: No Interest Loan to the Plaza Volunteer Rescue Squad
MEETING DATE:
June 22, 2004
.
Background:
For over 30 years the City of Virginia Beach has financially assisted the Volunteer
Rescue Squads utilizing several different programs. In addition to providing support for
continuing expenses such as fuel, insurance and small monthly stipends to offset
operating expenses, the City has provided no interest loans for the purchase of
ambulances and squad trucks,
Under the loan program the rescue squads repay the City on a regular timetable by the
amount of the loan and their ability to repay based on fund drive yields. Historically this
has been considered established public policy for assisting the volunteer rescue squads.
.
Considerations:
The Plaza Volunteer Rescue Squad is requesting a no interest loan in the amount of
$80,000.00 for the purpose of purchasing a replacement ambulance, The increased age
and maintenance costs have dictated their decision for the purchase of a replacement
ambulance.
Plaza Volunteer Rescue Squad would like to repay the loan over a 4 year period in equal
installments of $20,000.00 per year beginning July 1, 2005,
.
Public Information:
Public information will be handled through the normal Council Agenda process.
.
Alternatives:
The alternative to the no-interest city loan is the squad's acquisition of a commercial loan
at a high interest rate.
.
Recommendations:
EMS recommends approval of this request.
.
Attachments:
Correspondence from Plaza Volunteer Rescue Squad
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical services£¡.;9Jj,.,
City M'""'"~ k. :ðe3~ "
1
2
3
4
5
AN ORDINANCE TO APPROPRIATE $80,000 FROM THE
FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN
INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER
RESCUE SQUAD FOR THE PURCHASE OF A NEW
AMBULANCE
6
WHEREAS, the Plaza Volunteer Rescue Squad does not presently
7
have adequate funds to purchase a new ambulance but has represented
8
that fund-raising efforts will provide sufficient funds to repay an
9
interest-free loan from the City of Virginia Beach in the amount of
10
$80,000.
11
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12
VIRGINIA BEACH, VIRGINIA:
13
1. That $80,000 is hereby appropriated from the fund balance
14
of the General Fund to provide an interest-free loan to the Plaza
15
Volunteer Rescue
Squad so it may purchase an ambulance,
with
16
revenue increased accordingly in the FY 2003-04 Operating Budget.
17
That this loan is to be repaid by the Plaza Volunteer
2.
18
Rescue Squad over (4) years, with payments, due on the 1st day of
19
July each year,
(4)
wi th the
equal installments of $20,000,
in
20
first payment to be made on or before July 1, 2005,and the last
21
payment to be made on or before July 1, 2008.
22
23
24
25
Adopted by
Virginia, on the
the
Council
day of
the
City of Virginia
, 2004.
Beach,
of
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
1)0/1:) Q b/\() ~
Management serv~(
APPROVED AS TO LEGAL
SUFFICIENCY:
~ ~~,Vr.
City Attorney's Office
26
27
28
CA-9233
H:\PA\GG\ORDRES\Plaza Volunteer Resuce Squad Loan.doc
R2
June 9, 2004
PLAZA VOLUNTEER RESCUE SQUAD
P.O. Box 2128
Virginia Beach, VA 23450
Chief
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA. 23451
March 10. 2004
The Plaza Volunteer Rescue Squad needs to replace its aging 1993 Intemational4700
Ambulance (1623) with a new Ambulance. This will ensure continuation of quality
emergency services with state of the art equipment
Ambulance 1623 is the oldest of four ambulances in the Plaza Rescue Squad inventory.
Over the past year we have experienced increased mechanical problems including brake,
suspension and electrical failures resulting in towing service and unscheduled periods of
down time. We attribute this, in part, to the following:
.
Electrical problems include outdated lighting which creates a larger draw on the
electrical system resulting in premature failure of the ambulance batteries
Air Conditioning is not adequate to handle the summer temperatures which create
scheduling problems during the summer days
Maintenance costs are now twice as the other ambulances and is only used 18
percent of the time trying to save unnecessary costs.
.
Unit 1623 is a 1993 model year chassis with a 170 inch box that is the largest
ambulance in the Plaza Volunteer Rescue Squad inventory. The patient compartment is
now 1 I years old and in dire need of replacement In addition to the aforementioned
outdated lighting, the flooring is also in need of replacement. It is not cost effective to
rechasis this unit, as the flooring, electrical systems, air conditioning, and upholstery all
need replacement. At its present mileage of 157,957 it has become undependable
Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided
on another ambulance with an International truck chassis. Plaza Rescue Squad currently
has four (4) ambulances with the same chassis type in its inventory and its members are
familiar with the driving and handling of this type ambulance chassis. Also with the
current International chassis' in the inventory the maintenance facilities utilized by Plaza
Rescue are already in place
~r ~ ~71~ i~
The proposed cost to purchase a new International Ambulance is $128,94500, Of this
cost Plaza Volunteer Rescue Squad is applying for a RSAF grant fÌom the state office of
EMS for a total of $39,000. Plaza Rescue Squad has budgeted $5,000.00 towards the
cost plus the sale or trade of the current 1623, about $5,000. Current budget constraints
limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of
the City of Virginia Beach
Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the
requested state grant and its budgeted funds for the purchase of a new ambulance with a
no-interest loan of $80,000,00. We are further requesting to pay back this loan over a
period off our (4) years at $20,000.00 per year.
jl;lj:'" f !4iI~
" Willia~t Walker
Presidéit
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appropriation of Wetlands/Dunes Civil Charges
MEETING DATE: June 22,2004
. Background: Civil charges are collected from violations of the City's Wetlands
and Coastal Primary Sand Dune Ordinances, and the Chesapeake Bay Preservation
Area Ordinance. Historically, these funds have been subsequently appropriated for
various environmental restoration and habitat enhancement projects in the City, These
projects are coordinated and implemented by the Habitat Enhancement Committee that
was officially established by City Council in August 1994.
. Considerations: As of May, the Wetlands Board of Virginia Beach has imposed
civil charges in the amount of $8,500 to various individuals for violating the provisions of
the Wetlands and Coastal Primary Sand Dune Ordinances. In addition, Chesapeake
Bay Preservation Board has imposed civil charges in the amount of $39,050 to various
individuals for violating the provisions of the Chesapeake Bay Preservation Area
Ordinance. These funds are used to enhance the City's natural environment through
coastal sand dune stabilization and tidal wetlands restoration. The Department of
Agriculture requests that a total of $47,550 be appropriated to the WetlandslDunes
Restoration Fund to be used by the Habitat Enhancement Committee for various
projects. Recent projects include the Lynnhaven Boat Ramp wetlands and dune
stabilization, Little Island Park dune stabilization, and the re-establishment of native
plants at the Marine Science Museum. Possible future projects include wetlands and
shoreline enhancement at the Adam Thoroughgood House.
. Public Information: Public information will be provided through the normal City
Council agenda process.
.
Alternatives: No other funds are available for the described purpose.
.
Recommendations: Approval of attached ordinance.
.
Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgenry: Agriculture .~
COy ..~g."~ Z ~ ""'-
1
2
3
4
5
6
7
8
AN ORDINANCE TO APPROPRIATE $47,550 IN
ORDINANCE VIOLATIONS REVENUE TO THE FY
2003-04 OPERATING BUDGET OF THE
DEPARTMENT OF AGRICULTURE FOR WETLANDS
AND COASTAL SAND DUNE RESTORATION AND
ENHANCEMENT PROJECTS
9
10
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
11
1.
That $8,500 from Virginia Beach Wetlands and Coastal
12
Primary Sand Dune Zoning Ordinance violation charges aad $39,050
13
from Chesapeake Bay Preservation Ordinance violation charges are
14
hereby appropriated to the FY 2003-04 operating budget of the
15
Department of Agriculture for wetlands and coastal primary sand
16
dune restoration and enhancement projects.
17
2.
That estimated revenue in the FY 2003-04 operating budget
18
is hereby increased by $8,500 from Virginia Beach Wetlands and
19
Coastal Primary Sand Dune Zoning Ordinance violation charges and
20
by $39,050 from Chesapeake Bay Preservation Ordinance violation
21
charges.
22
23
Adopted
by
the
Council
of
the
City
of
Virginia
Beach,
24
Virginia on the
day of , 2004.
Approved as to Content:
JJaMdQ ~d~
Management Services )
CA9297
H:\PA\GG\ORDRES\Wetlands ORD.doc
R2
June 9, 2004
Approved as to Legal
Sufficiency:
ÚtAÆ4/Þ11 (cf^- or.
City Attorney
'~.~
ftl¡'l\~
'~!- . L
~'-. - .',
':::.~... ://1
CITY OF VIRGINIA BEACH
AGENDA ITEM
-
-
ITEM: Approval of Urban System Construction Administration Agreement
MEETING DATE: June 22, 2004
.
Background: In September 2003, City Council received a presentation on and
took the first step toward the City of Virginia Beach taking over the City's Urban
Construction Program from VDOT. At that time a resolution for Project
Administration was approved for five (5) projects: Princess Anne
Road/Kempsville Road Intersection Improvements (2-048); Witchduck Road
Phase I (2-931); Witchduck Road Phase II (2-025); Elbow Road Extended Phase
II (2-152); and Indian River Road Phase VII (2-256).
The next step will be to assume further responsibility for overall conduct of the
project and to directly receive and administer state funding for the above
projects, as well as for Laskin Road Phase II (2-165) which was the subject of a
previously approved Project Administration Agreement.
This program is made possible by recent legislation. Four large cities have thus
far been working with VDOT to develop participation agreements for City Council
consideration: Virginia Beach, Richmond, Hampton and Newport News. That
work has culminated in the attached proposed agreement. Adoption of a
resolution to authorize the City Manager to approve the agreement is presented.
.
Considerations: The proposed agreement and resolution are attached. The
agreement spells out the responsibilities of each party. While the City takes on
additional responsibilities, it gains several immediate benefits:
1. A modest reduction in VDOT/FHWA oversight.
2. Direct receipt of the state share of urban construction funds. We will received
all funds previous allocated to the six (6) projects we are managing, totalling
approximately $8.7 million, then will annually receive the state share funding
for those projects and future projects added to the Six Year Plan. The City
will be able to earn, retain and use the interest on those funds for highway
purposes.
3. The City's required 2% match may be provided through in-kind services
(salaries of City employees working on the project), rather than cash as is
now the case. This will allow reprogramming of over $100,000 annually to
construction.
4. Dependent on funding, it is anticipated that project time, from initiation to
completion will be materially shorter then if administered by VDOT.
Finally, it is brought to Council's attention that VDOT continues to administer
the following projects under the old system, as those projects were too far
along in the process to shift to the City: Birdneck Road (2-149); Laskin Road,
Phase I (2-156); Lynnhaven Parkway Phase IX (2-159); Phase XI (2-167),
Volvo/Lynnhaven (2-257); Princess Anne Road, Phase IV (2-305); Nimmo
Parkway Phase V (2-121); and Great Neck/London Bridge (2-137), now under
construction.
.
Public Information: The Agreement has been advertised as part of the agenda
process. The agreement does not affect the physical design or characteristics of
any of the projects. The citizen involvement process will continue for each
project. If the City Council endorses the agreement, once it is fully executed, City
Council would then be required to appropriate the state funding provided to the
City. This will require a public hearing to amend the C.I.P.
.
Alternatives: Do not approve the Administration Agreement. The City will have
less control over project activities and will not receive the fiscal benefits.
.
Recommendations: Approve the attached Resolution.
.
Attachments: Agreement Summary, Resolution
Recommended Action: Approval of Administration Agreement
Submitting Department/Agency: Public Work~
City Manage~ l- ,~
1
2
3
4
5
6
7
8
9
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE, ON BEHALF OF THE CITY, AN
AGREEMENT WITH THE VIRGINIA
DEPARTMENT OF TRANSPORTATION
PERTAINING TO THE CITY'S HIGHWAY
CONSTRUCTION PROGRAM
WHEREAS, in accordance with Section 33.1-23.3 of the
10
Virginia Code, the City of Virginia Beach desires to administer
11
its urban system highway construction program and to receive
12
quarterly payments for the State's portion of the City's annual
13
urban system allocation; and
14
WHEREAS, the Virginia Department of Transportation
15
(VDOT) has indicated that it concurs in the City's general
16
administration of the design, right-of-way acquisition, utility
17
relocation and construction of federally-funded and state-funded
18
projects; and
19
WHEREAS, subject to the approval of the City Council,
20
the City Staff and VDOT have agreed upon the terms by which the
21
foregoing objectives may be accomplished;
22
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
23
CITY OF VIRGINIA BEACH, VIRGINIA:
24
That the City Manager be, and hereby is, authorized
25
and directed to execute, on behalf of the City of Virginia
26
Beach, the Urban System Construction Program Administration
27
Agreement between the City and the Virginia Department of
28
Transportation dated June 22, 2004, a summary of the material
29
terms of which is hereto attached and a copy of which is on file
30
in the Office of the City Attorney.
31
Adopted by the Council of the City of Virginia Beach,
32
Virginia, on the
CA-9303
OID\ordres\urbansystemres.doc
R-l
June 10, 2004
day of
, 2004.
APPROVED AS TO CONTENT:
~~.~
Department of Public Works
AS TO LEGAL
City Attorney's Office
2
Urban Construction Project Administration Agreement Summary
1) An Agreement between VDOT and the City of Virginia Beach
2) Allows City, per state code, to assume the responsibility for administration of our
urban program and to receive quarterly payments for the state portion of our
annual urban construction allocation.
3) The City will be responsible for all aspects of specified urban construction
projects. The City will obtain authorization fÌom VDOT for each major phase of
the work, if the project utilizes federal funds. The City agrees to design projects
to accepted Engineering Standards.
4) The City will receive quarterly payments for the state share of urban program
funds and will be reimbursed monthly forfederal funds expended.
5) The agreement contains program audit provisions
6) The agreement may be modified by mutual agreement. It may be terminated by
either party on 180 day notice.
K.
PLANNING
1.
Applications for the discontinuance. closure and abandonment of a portion of Jersey
Avenue to its intersection with Virginia Beach Boulevard vacating intemallot lines to
create one unified parcel.
(DISTRICT 2 - KEMPSVILLE)
a.
CORNELIUS F. and ANTONINA S. BOYNTON, JR.
b.
LOPE B. and MERCY PILE
Recommendation:
APPROVAL
2.
Application of HELEN L. SCOTT for a Conditional Use Permit re family day care in
an existing single family dwelling at 646 Garfield Avenue.
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
3.
Applications of PLEASANT RIDGE AUTO PARTS, INc. re retail sales establishment
specializing in auto parts and undefined future expansion.
(DISTRICT 7 - PRINCESS ANNE)
a.
Chanf!:e ofZonimz District Classification fÌom AG-l and AG-2 Agricultural Districts
to Conditional B-2 Community Business District at 4164 West Neck Road near
Princess Anne Road.
b,
Modification of Conditions re a Conditional Use Permit (approved by City Council
on November 24, 1998, in behalf ofMr. and Mrs. Philip Wayne Murden, Jr.).
Recommendation:
Applicant and Staff Request DEFERRAL to July 13, 2004
APPROVAL
4.
Applications of HAC PROPERTIES, L.L.C. at 1771 Princess Anne Road.
(DISTRICT 7 - PRINCESS ANNE)
a.
Chanrze of Zoninrz District Classification fÌom AG-2 Agricultural District to
Conditional B-2 Community Business District.
b.
Conditional Use Permit for a self storage facility
Recommendation:
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
Municipal Center, 2401 Courthouse Drive, Tuesday, June 22, 2004, at
6:00 p.m. The following applications wiil be heard:
DISTRICT 2 . KEMPSVILLE
1,
Cornelius F. Boynton, Jr. & Antonina S, Boynton Application: Discon-
tinuance, closure and abandonment of a portion of Jersey Avenue to
its intersection w~h Virginia Beach Boulevard.
2.
Lope B. Pile & Mercy Pile Application: Discontinuance, closure and
abandonment of a portion of Jersey Avenue to its intersection with Vir-
ginia Beach Boulevard.
DISTRICT 3 - ROSE HALL
3.
Heien L Scott Appiication: Conditional Use Perm~ for famiiy day care
at 646 Garfield Avenue.
DISTRICT 7 . PRINCESS ANNE
4.
Pleasant Ridge Auto Parts, Inc. Application: ChaMe of Zonin. District
Classification from AG-1 and AG-2 Agricu~urai to Cond~ional B-2 Com-
munity Business at 4164 West Neck Road, The Comprehensive Plan
identifies this s~e as being within the Rural Area.
5,
Pleasant Ridge Aorto Parts, Inc. Application: Modification of Condi.
~for a Conditional Use Permit approved by City Co'uncii on Novem-
ber 24, 1998 (Mr. & Mrs. Phiiip Wayne Murden, Jr.) on the northwest
comer of Princess Anne Road and West Neck Road.
6.
HAC Properties, LL.C, Application: Chan~e of Zonin~ District Ciassif,
~ from AG-2 Agricu~urai to Conditional B-2 Community B'usiness
at 1771 Princess Anne Road. The Comprehensive Plan ident~ies this
site as being w~hin the Rural Area. '
7.
HAC Properties, LLC. Application: Conditionai Use Permit for a seif
storMe faciiity at 1771 Princess Anne Road.
All interested citizens are inv~ed to attend.
r¡..-4 / ¿ -
Ruth Hodges Smith. MMC
City Clerk
BEACON: JUNE 6 and JUNE 13, 2004
11475711
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Cornelius F. Boynton, Jr. & Antonina S. Boynton - Street Closure (portion
of Jersey Avenue)
MEETING DATE: June 22, 2004
.
Background:
An Ordinance upon Application of Cornelius F. Boynton, Jr. & Antonina S. Boynton for
the discontinuance, closure and abandonment of a portion of Jersey Avenue beginning
at the northern extremity of Jersey Avenue and running a distance of approximately
157.23 feet in a northerly direction to its intersection with Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE
.
Considerations:
The applicant intends to purchase the western portion of Jersey Avenue to incorporate it
into adjoining property that is currently made up of seven lots. The applicant has
agreed to vacate internal lot lines to create one unified parcel. The applicant is
requesting the closure in conjunction with the adjacent property owner to the east, Mr.
Pile. Council should consider this matter simultaneously with the request from Mr. Pile.
This street closure was previously approved by City Council on June 12,2001. At that
time, the plan was to combin~ both the Pile property (eastern property) and the Boynton
property (western property) into one building lot and to expand the existing auto sales
located on the western property. The request is now to close the street and to divide
the closed area in half, combining one half with the eastern property and one half with
the western property.
The Viewers Committee has determined there is no future need for the right-of-way
except for drainage purposes. A satisfactory drainage easement must be provided
within this area as a condition of the street closure.
The area of the street closure will be incorporated into property that currently is
developed as an auto sales facility. The closure will result in the vacation of internal lot
lines between seven smaller parcels, thereby creating one larger consolidated parcel
that is more desirable for future commercial redevelopment consistent with the existing
zoning of B-2 Community Business District.
The Planning Commission placed this item on the consent agenda because the closure
will not result in any public inconvenience. Staff recommended approval.
.
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 City Attorney's Office will review the prior payments
made to the City by the applicant to determine if they are in compliance with 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 resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. A public drainage easement satisfactory to the Department of Public Works shall
be provided on the final plat.
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 Virginia Natural Gas utilities within the right-of-way
proposed for closure. If private utilities do exist, easements 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-of-way this approval shall be
considered null and void.
6. A public utility easement satisfactory to the Department of Public Utilities will be
required to be dedicated on the final plat.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting D~nCY: Planning Department ~
C"" M".."c lJ k ,W.."
,.r-~'."",,~
r,:,¥'- ~r'
f"d .~:~ ~~ DO7 -217 -STC-2004
fË{..:...bbRNELIUS & ANTONINA BOYNTON
c'.;::~' .">
(~~....~~1f/ Agenda Item # 13
"~\:.:;,,~:';;:""" May 12, 2004 Public Hearing
Staff Planner: Barbara Duke
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 and General Information
Street Closure of a portion of Jersey Avenue
LOCATION:
Jersey Avenue at
its intersection with
Virginia Beach
Boulevard.
COUNCIL
ELECTION
DISTRICT:
2 - KEMPSVILLE
SIZE:
3,095 square feet
SURROUNDING North:
. Virginia Beach Boulevard
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 1
LAND USE AND South:
ZONING: East:
West:
. Jersey Avenue
. Pile property / B-2 Community Business District
. Auto sales / B-2 Community Business
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant environmental resources on this site.
Summary of PropDsa
The applicant intends to purchase the western portion of Jersey Avenue to incorporate it
into adjoining property that is currently made up of seven lots. The applicant has
agreed to vacate internal lot lines to create one unified parcel. The applicant is
requesting the closure in conjunction with the adjacent property owner to the east, Mr.
Pile (Agenda Item 14).
This street closure was previously approved by City Council on June 12, 2001. At that
time, the plan was to combine both the Pile property (eastern property) and the Boynton
property (western property) into one building lot and to expand the existing auto sales
located on the western property. The request is now to purchase the street and to split
the right-of-way in half, combining one halt with the eastern property and one halt with
the western property.
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 andlor future need for this right-or-way for vehicular and public
infrastructure.
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 2
. Consistency of the proposed development for the property with the
recommendations of the Comprehensive Plan
Comprehensive Plan
The Comprehensive Plan identifies this site as being in the West Pembroke Strategic
Growth Area. This strategic growth area consists of many tracts of land that differ
widely with respect to type, intensity, character and value of land use. The West
Pembroke Area is located between Witchduck Road, Independence Boulevard, Virginia
Beach Boulevard and 1-264. Many of these properties have greater, long-term potential
to be transformed from a land use pattern that is predominantly low intensity
commercial and industrial to one that achieves a compatible mix of urban land uses and
higher economic investment potential than exists today.
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' above. The proposal's strengths in
addressing the 'Major Issues' are
(1) The Viewers Committee has determined there is no future need for the right-of-
way except for drainage purposes. A satisfactory drainage easement must be
provided within this area as a condition of the street closure.
(2) The area of the street closure will be incorporated into property that currently is
developed as an auto sales facility. The closure will result in the vacation of
internal lot lines between seven smaller parcels, thereby creating one larger
consolidated parcel that is more desirable for future commercial redevelopment
consistent with the existing zoning of B-2 Community Business District.
Staff, therefore, recommends approval of this request with the conditions below,
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 3
Conditions
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The City Attorney's Office will review the prior payments
made to the City by the applicant to determine if they are in compliance with 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 resubdivide the property and vacate intemallot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. A public drainage easement satisfactory to the Department of Public Works shall
be provided on the final plat.
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 Virginia Natural Gas utilities within the right-of-way
proposed for closure. If private utilities do exist, easements 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-of-way this approval shall be
considered null and void.
NOTE:
Further conditions may be required during the
administration of a licable Ci Ordinances.
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 4
ccc;:;;¡,~ T;;;;i,mffilllU
Supplemental Information
Zonina History
1#1 DATE IREQUEST
1 11/13/90 Conditional Use Permit (auto sales)
2 06/09/92 Conditional Use Permit (rec vehicle sales and storage)
3 09/28/99 Conditional Use Permit (auto sales)
03/14/00 Conditional Use Permit (auto sales expansion)
03/14/00 Street Closure (Jersey Avenue)
4 06/12/01 Street Closure (Jersey Avenue)
5 07/13/93 Conditional Use Permit (auto rental)
6 07/11/88 Street Closure (DorsetlAvenue)
03/14/95 Conditional Use Permit (auto sales and repair)
7 12/12/83 Conditional Use Permit (auto paint shop)
I ACTION
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 5
Public Aaencv Comments
Public Works
There are stormwater drainage facilities within the area requested for closure. A
satisfactory easement must be provided over these facilities.
Public Utilities
I There are no public water facilities in the area proposed for closure
I Water:
There are no public sewer facilities within the area proposed for
closure
Private Utility Comments
Virginia Natural Gas has facilities within the area requested for closure. A satisfactory
easement over these facilities must be provided.
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 6
Exhibit A
Aerial of Site
Location
CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 7
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CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 8
NOIIV3IlddV ffiH1SO1J 13II1IlS
Exhibit C
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CORNELIUS AND ANTONINA BOYNTON
Agenda Item # 13
Page 9
Item #13
Cornelius F. Boynton, Jr. & Antonina S. Boynton
Discontinuance, closure and abandonment of a portion of
Jersey Avenue
District 2
Kempsville
May 12, 2004
CONSENT
William Din: We're going to do Item #13 & 14 together. They both involve the street
closure ofJersey Avenue. Item #13 is Cornelius F. Boynton, Jr., and Antonina S.
Boynton. Both of them involve discontinuance, closure and abandonment of a portion of
Jersey Avenue located in the Kempsville District.
William Swanner: Madame Chairperson, Commissioners. My name is Bill Swanner I
represent the applicants. I have read the conditions and they are acceptable.
William Din: Thank you. There are six conditions on this thing. There was a new
condition added. Are you aware of that sir?
William Swanner: I'm aware of all the conditions.
William Din: Are you representing both of those applicants?
William Swanner: Yes sir.
William Din: Thank you.
William Swanner: Thank you.
William Din: Is there any objection to placing this item on consent? Ifnot, Mr. Miller
will be explaining this item.
Robert Miller: Both of these are street closures. Jersey Avenue is just east of Witch duck
Road. We had seen the proposals for use of this property in the past. The street closure
involves drainage easements and utility easements and we found them to be very
appropriate for this location and the street closure does not do anything to detriment the
public good. Madame Chair, I would like to make a motion to approve this consent
agenda item, Item #13 Comelius F. Boynton, Jr. & Antonina S. Boynton also located in
the Kempsville District with six conditions.
Dorothy Wood: Do I hear a second?
Joseph Strange: I'll second it.
Item #13
Cornelius F. Boynton, Jr. & Antonina S. Boynton
Page 2
Dorothy Wood: Our Vice Chair Will Din made the motion and seconded by Joe Strange.
William Din: We're ready for the vote.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
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 agenda item has been approved for consent.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS JERSEY AVENUE AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "EXHIBIT
PLAT SHOWING A PORTION OF JERSEY AVENUE
TO BE CLOSED ADJACENT TO LOTS 1 THRU 7,
INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK
26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH,
VIRGINIA":
19
WHEREAS, Cornelius F. Boynton and Antonina S. Boynton applied to the
20
Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
21
discontinued, closed, and vacated; and
22
WHEREAS, it is the judgment of the Council that said street be discontinued,
23
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
24
City Council's adoption of this Ordinance;
25
26
27
28
29
30
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
SECTION I
31
That the hereinafter described street be discontinued, closed and vacated, subject
32
to certain conditions being met on or before one (I) year from City Council's adoption of this
33
ordinance:
34
GPIN: 1467-85-6657-0000, 1467-85-8624-0000
35
1
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, which is shown as the
western half of the unimproved portion of Jersey Avenue,
designated and described as "(3,095 SQUARE FEET)" shown as a
portion of the cross-hatched area on that certain plat entitled:
EXHffiIT PLAT SHOWING A PORTION OF JERSEY AVENUE
TO BE CLOSED ADJACENT TO LOTS 1 THRU 7,
INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK 26,
EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH,
VIRGINIA" Scale: I" = 25', dated August 3, 1999, prepared by
John E. Sirine and Associates, Ltd., a copy of which is attached
hereto as Exhibit A.
SECTION II
52
The following conditions must be met on or before one (1) year from City
53
Council's adoption of this ordinance:
54
1.
The City Attorney's Office will make the final determination regarding
55
ownership of the underlying fee. The City Attomey's Office will review the prior payments
56
made to the City by the applicant to determine if they are in compliance with the "Policy
57
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City
58
Council. Copies of said policy are available in the Planning Department.
59
2. The applicant shall resubdivide the property and vacate internal lot lines to
60
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
61
and approved for recordation prior to final street closure approval.
62
3. A public drainage easement satisfactory to the Department of Public Works
63
shall be provided on the final plat.
64
2
64
4. The applicant shall verify that no private utilities exist within the right-of-way
65
proposed for closure. Preliminary comments from the utility companies indicate that there are
66
Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do
67
exist, the applicant shall provide easements satisfactory to the utility companies.
68
5. Closure of the right-of-way shall be contingent upon compliance with the
69
above stated conditions within one year of approval by City Council. If all conditions noted
70
above are not in compliance and the final plat is not approved within one year of the City
71
Council vote to close the street, this approval will be considered null and void.
72
6. A public utility easement satisfactory to the Department of Public Utilities will
73
74
75
76
be required to be dedicated on the final plat.
SECTION ill
77
1.
If the preceding conditions are not fulfilled on or before June 21, 2005,
78
this Ordinance will be deemed null and void without further action by the City Council.
79
2.
If all conditions are met on or before June 21, 2005, the date of final
80
closure is the date the street closure ordinance is recorded by the City Attorney.
81
3.
In the event the City of Virginia Beach has any interest in the underlying
82
fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
83
may be requested to convey such interest, provided said documents are approved by the City
84
Attorney's Office.
85
SECTION IV
86
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
87
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
III
112
88
VIRGINIA BEACH as "Grantor" and CORNELIUS F. BOYNTON, JR. AND ANTONINA S.
89
BOYNTON as "Grantee."
90
of
Adopted by the Council of the City of Virginia Beach, Virginia, on this - day
,2004.
CA-9179
June 3, 2004
APPROVED AS TO CONTENT:
W~.P '.}.,I
Planni Department
APPROVED AS TO LEGAL
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City Attorney
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4
NOTES:
" I~ERIOIAN SOURCE BASED ON PcA; RECORDED iN JEED BOOK 2431, RAGE 158',
2, PORTION OF JERSE,' ,A,VENUE TO BE CLOSED: L' ,7-' oJ
3 AR[A OF jf'RSE' AVENUE TO BE closm = 5,607 SOU ARE rE["/0129 ACRE,
4, TH!S "LA T 'S~OT INTENDED TO S~OW AN ( EASEMë:NTS OR PH ,SICAL 'EA TURES T'-'A T
MAY A'Fr'í 'H" PROPERTV ~
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JERSEY AVENUE TO BE CLOSED
ADJ:> ',TN T T(1
lOTS 1 THRU 7, INCLUSIVE, BLOCK 25 AND
lOTS 3 AND 4, BLOCK 26, EUCLID PLACE
(M,R,4,,'63:
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JOHN E, SIRINE AND ASSOCIATES, l ro,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Lope B. Pile & Mercy Pile - Street Closure (portion of Jersey Avenue)
MEETING DATE: June 22, 2004
.
Background:
An Ordinance upon Application of Lope B. Pile & Mercy Pile for the discontinuance,
closure and abandonment of a portion of Jersey Avenue beginning at the northern
extremity of Jersey Avenue and running a distance of approximately 107.90 feet in a
northerly direction to its intersection with Virginia Beach Boulevard. DISTRICT 2 -
KEMPSVILLE
.
Considerations:
The applicant intends to purchase the eastern portion of Jersey Avenue to incorporate it
into adjoining property that is currently made up of four lots. The applicant has agreed
to vacate internal lot lines to create one unified parcel. The applicant is requesting the
closure in conjunction with the adjacent property owner to the west, Mr. Boynton.
Council should consider this matter simultaneously with the request from Mr. Boynton.
This street closure was previously approved by City Council on June 12, 2001. At that
time, the plan was to combine both the Pile property (eastern property) and the Boynton
property (western property) into one building lot and to expand the existing auto sales
located on the westem property. The request is now to close the street and to divided
the closed area in half, combining one half with the eastern property and one half with
the western property.
The Viewers Committee has determined there is no future need for the right-of-way
except for drainage purposes. A satisfactory drainage easement must be provided
within this area as a condition of the street closure.
Although there is not a specific plan for the property adjacent to the street closure, the
closure will result in the vacation of internal property lines between four smaller parcels,
thereby creating one larger consolidated parcel that is more desirable for future
commercial development consistent with the existing zoning of B-2 Community
Business District.
The Planning Commission placed this item on the consent agenda because the closure
would not result in any public inconvenience. Staff recommended approval.
.
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 City Attorney's Office will review the prior payments
made to the City by the applicant to determine if they are in compliance with 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 resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. A public drainage easement satisfactory to the Department of Public Works shall
be provided on the final plat.
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 Virginia Natural Gas utilities within the right-of-way
proposed for closure. If private utilities do exist, easements 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-of-way this approval shall be
considered null and void.
6. A public utility easement satisfactory to the Department of Public Utilities will be
required to be dedicated on the final plat.
.
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
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LOPE B. PILE & MERCY PILE
Agenda Item # 14
May 12, 2004 Public Hearing
Staff Planner: Barbara Duke
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:
Location and General Information
Street Closure of a portion of Jersev Avenue
Jersey Avenue at
its intersection
with Virginia
Beach Boulevard
2 - KEMPSVILLE
2,512 square feet
LOPE AND MERCY PILE
Agenda Item # 14
Page 1
SURROUNDING North:
LAND USE AND South:
ZONING: East:
West:
. Virginia Beach Boulevard
. Jersey Avenue
. Pile property I B-2 Community Business
. Auto sales I B-2 Community Business
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant environmental resources on this site.
The applicant intends to purchase the eastern portion of Jersey Avenue to incorporate it
into adjoining property that is currently made up of four lots. The applicant has agreed
to vacate internal lot lines to create one unified parcel. The applicant is requesting the
closure in conjunction with the adjacent property owner to the west, Mr. Boynton.
This street closure was previously approved by City Council on June 12, 2001. At that
time, the plan was to combine both the Pile property (eastern property) and the Boynton
property (western property) into one building lot and to expand the existing auto sales
located on the western property. The request is now to purchase the street and to split
the right-of-way in half, combining one half with the eastern property and one half with
the western property,
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.
. Current andlor future need for this right-of-way for vehicular and public
infrastructure.
LOPE AND MERCY PILE
Agenda Item # 14
Page 2
. Consistency of the proposed development for the property with the
recommendations of the Comprehensive Plan
The Comprehensive Plan identifies this site as being in the West Pembroke Strategic
Growth Area. This strategic growth area consists of many tracts of land that differ
widely with respect to type, intensity, character and value of land use. The West
Pembroke Area is located between Witchduck Road, Independence Boulevard, Virginia
Beach Boulevard and 1-264. Many of these properties have greater, long-term potential
to be transformed from a land use pattern that is predominantly low intensity
commercial and industrial to one that achieves a compatible mix of urban land uses and
higher economic investment potential than exists today.
Staff Evaluation
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' above, The proposal's strengths in
addressing the 'Major Issues' are
(1) The Viewers Committee has determined there is no future need for the right-of-
way except for drainage purposes, A satisfactory drainage easement must be
provided within this area as a condition of the street closure.
(2) Although there is not a specific plan for the property adjacent to the street
closure, the closure will result in the vacation of internal property lines between
four smaller parcels, thereby creating one larger consolidated parcel that is more
desirable for future commercial development consistent with the existing zoning
of B-2 Community Business District.
Staff, therefore, recommends approval of this request subject to the conditions below.
LOPE AND MERCY PILE
Agenda Item # 14
Page 3
Conditions
1. The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The City Attorney's Office will review the prior payments
made to the City by the applicant to determine if they are in compliance with 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 resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. A public drainage easement satisfactory to the Department of Public Works shall
be provided on the final plat.
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 Virginia Natural Gas utilities within the right-of-way
proposed for closure. If private utilities do exist, easements 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-of-way this approval shall be
considered null and void.
NOTE:
Further conditions may be required during the
administration of a /icable Ci Ordinances.
LOPE AND MERCY PILE
Agenda Item # 14
Page 4
:;1"
"H' "",, ' ," H """':"::
Supplemental Information
Zonina History
STREET CLOSURE
I#IDATE IREQUEST
1 11/13/90 Conditional Use Permit (auto sales)
2 06/09/92 Conditional Use Permit (rec vehicle sales and storage)
3 09/28/99 Conditional Use Permit (auto sales)
03/14/00 Conditional Use Permit (auto sales expansion)
03/14/00 Street Closure (Jersey Avenue)
4 06/12/01 Street Closure (Jersey Avenue)
5 07/13/93 Conditional Use Permit (auto rental)
6 07/11/88 Street Closure (Dorsett Avenue)
03/14/95 Conditional Use Permit (auto sales and repair)
7 12/12/83 Conditional Use Permit (auto paint shop)
I ACTION
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
LOPE AND MERCY PILE
Agenda Item # 14
Page 5
Public AQencv Comments
Public Works
There are stormwater drainage facilities within the area requested for closure. A
satisfactory easement must be provided over these facilities.
Public Utilities
I There are no public water facilities in the area proposed for closure I
I There are no public sewer facilities in the area proposed for closure I
I Water:
I Sewer:
Private Utility Comments
Virginia Natural Gas has facilities within the area requested for closure. A satisfactory
easement over these facilities must be provided.
LOPE AND MERCY PILE
Agenda Item # 14
Page 6
Exhibit A
Aerial of Site
Location
LOPE AND MERCY PILE
Agenda Item # 14
Page 7
Exhibit 8
Survey of Area to
be Closed
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EXHIBiT PLAT SHOWiNG E5
. ~
JERSEY AVENUE TO BE. CLOSED
~ LOTS 1 THRU 7, INCLUSiVE, BLOCK 25 AND
F,,\' ',I' ('i , LOTS 3 AND 4, BLOCK 25, EUCLID PLACE
~;
"
"
LOPE AND MERCY PILE
Agenda Item # 14
Page 8
Exhibit C
Disclosure
Statement
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LOPE AND MERCY PILE
Agenda Item # 14
Page 9
Item #14
Lope B. Pile & Mercy Pile
Discontinuance, closure and abandonment of a portion of
Jersey Avenue
District 2
Kempsville
May 12, 2004
CONSENT
WilJiam Din: We're going to do Item #13 & 14 together. They both involve the street
closure of] ersey Avenue. Item # 14 is Lope Pile and Mercy Pile. Both of them are
involve in the discontinuance, closure and abandonment of a portion of Jersey Avenue
located in the Kempsville District.
WilJiam Swanner: Madame Chairperson, Commissioners. My name is Bill Swanner I
represent the applicants. I have read the conditions and they are acceptable.
William Din: Thank you. There are six conditions on this thing. There was a new
condition added. Are you aware of that sir?
William Swanner: I'm aware of all the conditions.
William Din: Are you representing both of those applicants?
William Swanner: Yes sir.
William Din: Thank you.
William Swanner: Thank you.
William Din: Is there any objection to placing this item on consent? Ifnot, Mr. Miller
will be explaining this item.
Robert Miller: Both of these are street closures. Jersey A venue is just east of Witchduck
Road. We had seen the proposals for use of this property in the past. The street closure
involves drainage easements and utility easements and we found them to be very
appropriate for this location and the street closure does not do anything to detriment the
public good. Madame Chair, I would like to make a motion to approve this consent
agenda item, Item #14 Lope B. Pile and Mercy Pile located in the Kempsville District
with six conditions.
Dorothy Wood: Do I hear a second?
Joseph Strange: I'll second it.
Item #14
Lope B. Pile & Mercy Pile
Page 2
Dorothy Wood: Our Vice Chair Will Din made the motion and seconded by Joe Strange.
William Din: We're ready for the vote.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
ABSO
ABSENT II
NAY 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, this agenda item has been approved for consent.
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS JERSEY A VENUE AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "EXHffiIT
PLAT SHOWING A PORTION OF JERSEY AVENUE
TO BE CLOSED ADJACENT TO LOTS 1 THRU 7,
INCLUSIVE, BLOCK 25 AND LOTS 3 AND 4, BLOCK
26, EUCLID PLACE (M.B. 4, P.63) VIRGINIA BEACH,
VIRGINIA":
19
WHEREAS, Lope B. Pile and Mercy Pile applied to the Council of the City of
20
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
21
vacated; and
22
WHEREAS, it is the judgment of the Council that said street be discontinued,
23
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
24
City Council's adoption of this Ordinance;
25
26
27
28
29
30
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
SECTION I
31
That the hereinafter described street be discontinued, closed and vacated, subject
32
to certain conditions being met on or before one (1) year from City Council's adoption of this
33
ordinance:
34
GPIN: 1467-85-8624-0000,1467-85-6657-0000
35
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, which is shown as the eastern
half of the unimproved portion of Jersey Avenue, designated and
described as "(2,512 SQUARE FEET)" shown as a portion of the
cross-hatched area on that certain plat entitled: EXHffiIT PLAT
SHOWING A PORTION OF JERSEY AVENUE TO BE
CLOSED ADJACENT TO LOTS 1 THRU 7, INCLUSIVE,
BLOCK 25 AND LOTS 3 AND 4, BLOCK 26, EUCLID PLACE
(M.B. 4, P.63) VIRGINIA BEACH, VIRGINIA" Scale: 1" = 25',
dated August 3, 1999, prepared by John E. Sjrine and Associates,
Ltd., a copy of which is attached hereto as Exhibit A.
SECTION n
51
The following conditions must be met on or before one (I) year from City
52
Council's adoption of this ordinance:
53
1.
The City Attorney's Office will make the final determination regarding
54
ownership of the underlying fee. The City Attorney's Office will review the prior payments
55
made to the City by the applicant to determine if they are in compliance with the "Policy
56
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City
57
Council. Copies of said policy are available in the Planning Department.
58
2. The applicant shall resubdivide the property and vacate internal lot lines to
59
incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted
60
and approved for recordation prior to final street closure approval.
61
3. A public drainage easement satisfactory to the Department of Public Works
62
shall be provided on the final plat.
63
2
63
4. The applicant shall verify that no private utilities exist within the right-of-way
64
proposed for closure. Preliminary comments from the utility companies indicate that there are
65
Virginia Natural Gas utilities within the right-of-way proposed for closure. If private utilities do
66
exist, the applicant shall provide easements satisfactory to the utility companies.
67
5. Closure of the right-of-way shall be contingent upon compliance with the
68
above stated conditions within one year of approval by City Council. If all conditions noted
69
above are not in compliance and the final plat is not approved within one year of the City
70
Council vote to close the street, this approval will be considered null and void.
71
6. A public utility easement satisfactory to the Department of Public Utilities will
72
73
74
75
be required to be dedicated on the final plat.
SECTION III
76
1.
If the preceding conditions are not fulfilled on or before June 21, 2005,
77
this Ordinance will be deemed null and void without further action by the City Council.
78
2.
If all conditions are met on or before June 21, 2005, the date of final
79
closure is the date the street closure ordinance is recorded by the City Attorney.
80
3.
10 the event the City of Virginia Beach has any interest in the underlying
81
fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
82
may be requested to convey such interest, provided said documents are approved by the City
83
Attorney's Office.
84
SECTION IV
85
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
86
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
87
VIRGINIA BEACH as "Grantor" and LOPE B. PILE and MERCY PILE as "Grantee."
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
88
of
CA-9183
June 3, 2004
Adopted by the Council of the City of Virginia Beach, Virginia, on this - day
,2004.
APPROVED AS TO CONTENT:
/ÚJ £.~r ¡;.¡.()t
Planning epartment
APPROVED AS TO LEGAL
SUFFICIENCY: ~
õ.r'~ Þ
City Attorney
F'ID.u\ATY\FonmlS"", Clo,"reIWORKINGICA91830RD.d"
4
NOTES:
1, MERIDIAN SOURCE BASE~ ON PLA T RECOR~ED IN ~èED BOOK 2431, PAGE 1581,
2, PORTiON (),' JERSEY ,AV,NUE TO BE CLOSED: L".:':..-' ,77]
3, AREA or ÆRSE, AVENUE W BE CI,OS[~ ~ 5,607 SOU ARE FEET/O,'23 ACRE,
4, TH,S PLAT :S NOT INTENDED TO SHOW ANt f,ASEMENTS OR PHYSICAL FEATURES THAT
MAy M'fEC 1 'H:S PROPER!". ~
5 THiS P" T 'XES NOT CO',51'IU'E .A SJ9[)IV,",!DN DF LAND
6, THlc, p, A, P~L""RED '/IITH,:)UT TH'T BUFF' ')F " :'-. E REPDRT :
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JERSEY AVENUE TO BE CLOSED
,O,jA,.;[N T T()
LOTS 1 THRU 7, INCLUSiVE, BLOCK 25 AND
LOTS 3 AND 4, BLOCK 26, EUCLID PLACE
(M,B, 4, ~ 6.';
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JOHN E, SIRINE AND ASSOCIATES, L TO,
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4317 BONNEé RO~D
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SHEET 1 Of
Zonina History
I ACTION
Approved
1# I DATE I REQUEST
1 12-9-68 Rezoning (R-D1 Residence Duplex to R-S4
Residence Suburban)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Helen L. Scott - Conditional Use Permit (family day care)
MEETING DATE: June 22, 2004
.
Background:
An Ordinance upon Application of Helen L. Scott for a Conditional Use Permit for
family day care on property located at 646 Garfield Avenue (GPIN
14866650840000). DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant desires to operate a family day care in the existing single-family
dwelling. The applicant proposes to provide care for six children on a fuU time
basis and allow for four children on a part time basis. Ages of the children will be
from birth to five years of age. The applicant proposes operating hours of 7:00
AM. to 11 :00 P.M., weekly. At some point in the future, the applicant notes that
she may employ one person to assist her on a part time basis.
The request is in keeping with the recommendations of the Comprehensive Plan.
Family Day Care homes are essential within the City to provide for affordable
daycare in a home environment setting. The proposal is compatible with the
surrounding residential neighborhood. The children will be under constant
supervision, When the children are outside, they will be contained within the
confines of the rear yard, which is enclosed with a privacy fence.
Staff recommended 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 Family Day Care shall be limited to a total of 10 children during a
single 24-hour period. Of the 10 children, no more than five (5) may be
under the age of two and one-half years old,
2. There shall be no signs on the site advertising the Family Day Care.
Helen Scott
Page 2 of 2
3, Parking for customers and future employees shall be met on the site and
not on the public street.
4. The applicant shall obtain all the necessary permits and inspections
required by the Departments of Fire Department, Social Services and
Planning/Permits and Inspections Division before obtaining a business
license.
5, The applicant shall maintain a Family Day Care license with the
Commonwealth of Virginia (Social Services), Failure to maintain a Family
Day Care license shall result in revocation of the home occupation (family
day care) permit.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~IJM.IL-
cityManage~I'-'Óß~ r
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GO8-213-CUP-2004
HELEN L. SCOTT
Agenda Item # 6
May 12, 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 Family Day Care
Property located at
646 Garfield
Avenue
14866650840000
3 - ROSE HALL
5.488 square feet
HELEN l. SCOTT
Agenda Item# 6
Page 1
EXISTING
LAND USE:
Single-family dwelling
West:
. Single-family dwelling I R-7.5 Residential
. Dana Lane
. Across Dana Lane are single-family dwellings I R-
7.5 Residential
. Single-family dwelling I R-7.5 Residential
. Garfield Avenue
. Across Garfield Avenue are single-family dwellings
I R-7.5 Residential
SURROUNDING North:
LAND USE AND
ZONING:
South:
East:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no significant natural resources or cultural features on the
site.
AICUZ:
The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana.
The proposed use is considered compatible with airfield operations.
Summary of Proposa
The applicant desires to operate a family day care in the existing single-family dwelling.
The applicant proposes to provide care for six children on a full time basis and allow for
four children on a part time basis. Ages of the children will be from birth to five years of
age. The applicant proposes operating hours of 7:00 A.M. to 11 :00 P.M., weekly. At
some point in the future, the applicant notes that she may employ one person to assist
her on a part time basis.
HELEN L. SCOTT
Agenda Item # 6
Page 2
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 Comprehensive Plan recommendations for the area.
. Compatibility with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan Map designates this area as Primary Residential Area.
Homes for people with special needs and family care homes (home day care providers)
that meet the requirements established in the City Zoning Ordinance are appropriate
conditional uses within residential and other defined zoning districts. These are
necessary facilities that are appropriately located within residential areas as long as the
size, scale and number of these facilities are not so great that they cause undue
impacts on the neighborhood.
Staff Evaluation
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
HELEN L. SCOTT
Agenda Item # 6
Page 3
(1) The request is in keeping with the recommendations of the Comprehensive Plan
for the area. Family Day Care homes are essential within the City to provide for
affordable daycare in a home environment setting. Appropriate conditions should
minimize any undue impacts within the neighborhood.
(2) The request is compatible with the surrounding residential neighborhood. The
children will be under constant supervision. When the children are outside, they
will be contained within the confines of the rear yard, which is enclosed with a
privacy fence. This should minimize the impact on adjacent residential uses.
Staff, therefore, recommends approval of this request with the conditions below.
Conditions
1. The Family Day Care shall be limited to a total of 10 children during a single 24-
hour period. Of the 10 children, no more than five (5) may be under the age of
two and one-half years old.
2. There shall be no signs on the site advertising the Family Day Care.
3. Parking for customers and future employees shall be met on the site and not on
the public street.
4. The applicant shall obtain all the necessary permits and inspections required by
the Departments of Fire Department, Social Services and Planning/Permits and
Inspections Division before obtaining a business license.
5. The applicant shall maintain a Family Day Care license with the Commonwealth
of Virginia (Social Services). Failure to maintain a Family Day Care license shall
result in revocation of the home occupation (family day care) permit.
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.
HELEN L. SCOTT
Agenda Item # 6
Page 4
'. .-c,c~.,_j[~r
Supplemental Information
Zonina Historv
I # I DATE I REQUEST \ ACTION
1 12-9-68 Rezoning (R-D1 Residence Duplex to R-S4 Residence Approved
Suburban)
HELEN L SCOTT
Agenda Item # 6
Page 5
Public Aaencv Comments
Public Works
Garfield Avenue is a local street. This is an established
nei hborhood with little throu h traffic.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Caoacitv
Existing land Use
N/A ADT 6,200 ADT -10
Garfield Avenue 1 1
Proposed land
Use 3 - 20
Average Dally Trips
'as defined by a single-family dwelling
'as defined by family day care
Public Utilities
I The site is connected to City water.
I The site is connected to City sewer.
I Water:
I 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
strateaies as they pertain to this site.
Fire and Rescue:
A fire inspection will be required for the Social Services
license.
HELEN L. SCOTT
Agenda Item # 6
Page 6
Exhibit A
Aerial of Site
Location
HELEN L. SCOTT
Agenda Item# 6
Page 7
Exhibit 8
Site Survey
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PHYSICAL SUR""Y
OF
LOTS 23 AND 24, BLOCK 44
PECAN GARDENS
PROPrRTY 01' '"' STAT!: DE'ÆLOPME:NT CORP,
WRGfNIA BEACH, WRGtNIA
/"tORVARY II, 200J seA", "'25'
EXe,-"51""LY'OR
HELEN L. SCOTT
"IMP'!]': C'j~'[ 1"-=,'
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SURVEYORS LTD.
5637 PRO\li1!!1'iC£ ROAD ~RG!NlA BEACH, VA, "'0'
TEL (:1:1;1:,..J-520' FAX, (757) 963-5262
HELEN L SCOTT
Agenda Item# 6
Page 8
Exhibit C
Disclosure
Statement
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HELEN L. SCOTT
Agenda Item# 6
Page 9
Exhibit D
Supplemental
Information
DEPARTMENT OF THE NAVY
NAVAL AIR STATION OCEANA
1750 TOMCAT BOULEVARD
VIRGINIA BEACH VIRGINIA 2345M163
" REI'!.Y REFER' I'
5726
.ocr 32 0173
April 6, 2004
",0>, 1'"i cn CbrisLie
Drive, Suild,in"
Virgini"! Sca::h, VA 23456-9040 -
:':0", Ms. Christie:
P",n:ce1:
to revj,ew the C""de Üonal Use
" [aoily d¿',
Be",,':. Ttle si"..¿
ave,":;" (Ld,-!
c:ar'c: ae
:',"',5': zcne and co'1slde:ed
:,ccated
,I""e" te,e Navy's p,ir
Corc,pstLb.le Use ZGces Frooes,',
)"e,'stIo,-"
If you have
Lis,isc-r: Officer,
""ntact
,iren?e at-
Flanning
to:
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'-j"y'or Meyera CJberndcrf
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HELEN L. SCOTT
Agenda Item # 6
Page 10
Item #6
Helen L. Scott
Conditional Use Permit
646 Garfield Avenue
District 3
Rose Hall
May 12, 2004
REGULAR
Dorothy Wood: We will now proceed with the regular portion of our meeting. I'd like to
remind everyone that we need to adhere to the rules and procedures that were explained
to you at the start of the meeting. Please be aware of what other speakers before you
have said. We must insist that redundancy is limited. Please do not be offended if I stop
your presentation for being repetitive or what is being said is not germane to the item at
hand. I certainly do not want to limit anyone's rights, however we have a lot to cover
today and we have a short period of time and we much stick to the procedures and I thank
you for your understanding. Joe Strange, our Secretary would you please call the first
item.
Joseph Strange: The first item is Item #6 Helen L. Scott. It's a Conditional Use Permit
for a family daycare on property located at 646 Garfield A venue, District 3 Rose HalL
Dorothy Wood: Ms. Scott, are you here?
Helen Scott: I got the signs out.
Dorothy Wood: Ma'am, this is the public hearing. The signs are necessary for all of
your neighbors to see and they all received certified letters saying what you're doing.
This is where you come and explain on what your doing to us so that we can either
approve or disapprove it and then it would go on to our City CounciL So, if you could
just please tell us in a few words what your doing.
Helen Scott: I bought a house.
Dorothy Wood: Your name first please ma'am.
Helen Scott: Helen L. Scott. I bought the property at 646 Garfield Avenue. I just
thought I would start a family childcare. At the time that my mother was living she
passed so I'm trying to get into the process of getting it done. I've had everything done
with Social Services and with Planning.
Dorothy Wood: Yes ma'am.
Helen Scott: This is as far as I've gotten.
Item #6
Helen 1. Scott
Page 2
Dorothy Wood: 1 think really what we really need to know is how many children you're
planning on having at anyone time.
Helen Scott: The City said I could have six and four drop-ins.
Dorothy Wood: So, you can have as many as ten children at one time.
Helen Scott: Yes.
Dorothy Wood: Do you have help with this Ms. Scott?
Helen Scott: Yes.
Dorothy Wood: Someone that you have hired?
Helen Scott: One lady lives up stairs and wants to work. I've hired a college student
part-time fÌom 9-12, five days a week to come in with the children with the computers
and things.
Dorothy Wood: Where is upstairs ma'am?
Helen Scott: I've got two bedrooms upstairs. It doesn't show it.
Dorothy Wood: No ma'am, it doesn't show it there.
Helen Scott: But it's two bedrooms and bath.
Dorothy Wood: So the downstairs has one bedroom?
Helen Scott: A living room, dining room and kitchen. I took the garage and made it a
daycare. It was a garage and a half. I had French doors put on. I also had a patio put on
the outside for the children with trellis around it so they don't fall off. That's completed.
Dorothy Wood: Ma'am, would you please answer any questions from the
Commissioners? Ms. Jan?
Janice Anderson: Thank you. Ma'am, you already have your daycare license through the
State or in the process?
Helen Scott: I'm in the process. She said the papers would come in today. I didn't know
if they came to you or to me.
Janice Anderson: Okay.
Dorothy Wood: Ron?
Item #6
Helen L. Scott
Page 3
Ronald Ripley: Ms. Scott, have you ever ran a daycare before?
Helen Scott: Yes. I ran one in Nashville, Tennessee from 1990 - 1993.
Ronald Ripley: Can you explain what the size of that was? How many people you
managed?
Helen Scott: Eleven full time, four for emergencies. 1 could take 15 but not 15 at one
time, just II. If something happened at school, I would have drop-ins.
Ronald Ripley: We did not go into your property. We rode around it. You said that you
converted the garage? That's attached to your property? Is that right?
Helen Scott: Yes.
Ronald Ripley: So you converted that for the purpose that you're requesting here?
Helen Scott: Yes.
Ronald Ripley: Is that heated and air conditioned also?
Helen Scott: Yes.
Ronald Ripley: Could you describe the inside?
Helen Scott: It's a garage and half. I really don't know the size. It had to be a lot of
work done because of the doors had to be filled in. I had a screen put on the back. Then
on the outside I had a patio put out there, which is covered with carpet and the trellis as I
said for the children so they don't falloff. I don't plan on keeping large children. I plan
to keep smaller children fÌom 0 to 6.
Ronald Ripley: Can you describe what you did to the garage? Did you improve the
lighting? Did you do the walls over?
Helen Scott: It was already done. That is why I bought it. The only thing we had to do
was paint it. It has the florescent lights. I didn't have to do anything to it other than the
doors and that is why I bought it.
Ronald Ripley: Thank you.
Dorothy Wood: Would ten children fit into that area Ms. Scott?
Helen Scott: I probably will never have ten unless it's an emergency then I've got an
extra bedroom down stairs.
Item #6
Helen 1. Scott
Page 4
Dorothy Wood: Mr. Din.
William Din: You were indicating that you were having a college student and one other
person under that you hire.
Helen Scott: The lady who lives upstairs is going to come and work in the day with the
children.
William Din: Is she going to live there permanently?
Helen Scott: She lives there already.
William Din: Already. She's just going to help you?
Helen Scott: She needed a place to stay so we decided that I would pay her to help the
children so I would always have help.
William Din: How many people will be there during the day when you have children that
you're caring for?
Helen Scott: From 9-12, there will be three. From 12-6, there will just be two.
William Din: Okay. You don't intend to have any children overnight or anything?
Helen Scott: No. To tired for that.
William Din: Okay.
Dorothy Wood: Are there any other questions? Jan.
Janice Anderson: Just one last one. Are these neighborhood children?
Helen Scott: No. I plan on keeping children for the State, Virginia Beach children, not
neighborhood children.
Dorothy Wood: What do you mean for the State?
Helen Scott: The City of Virginia Beach always has children that need a place. I always
work with the State of whatever City I live in. That means that the children get more
privileges and more time to spend with them. I don't have to debate about who can pay
and who can't pay so I just work with the State children.
Dorothy Wood: Thank you. Are there any other questions? Sorry Kathy?
Item #6
Helen L. Scott
Page 5
Kathy Katsias: So are these children placed temporary with you for a certain period of
time? I don't quite understand what program this is.
Helen Scott: Until they start school.
Kathy Katsias: Where are their parents?
Helen Scott: They work. They work and they pay a portion and then the State picks up
the other portion.
Kathy Katsias: Okay.
Helen Scott: This is what I did in Nashville.
Kathy Katsias: What is this program called?
Helen Scott: It's through Social Services.
Kathy Katsias: Okay. So you're employed by Social Services.
Helen Scott: No. I'm going through Social Services.
Dorothy Wood: Are there any other questions? Do I hear a motion?
Robert Miller: I'd like to make a motion that we approve Ms. Scott's application.
Janice Anderson: I'll second it.
Dorothy Wood: A motion was made by Mr. Miller and seconded by Ms. Anderson. Do
we have any opposition?
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
Item #6
Helen 1. Scott
Page 6
Ed Weeden: By a vote of 11-0, the application of Helen Scott has been approved.
Robert Miller: Ms. Scott before you leave. Can I just say one thing?
Dorothy Wood: Certainly Mr. Miller.
Robert Miller: We really appreciate what you do because it does sound like it's a little
more complicated in order to get certified and get through the process. It sounds like
something that you've done before in Nashville perhaps but I don't think we've heard
about this type of program through Social Services directly. I'm sure there are several of
these going on in our City. It's a wonderful thing that you're doing and we really
appreciate that. That is quite a responsibility.
Helen Scott: People can work because it is so expensive to have daycare. This is the
way it was in Nashville. More people could work which was better for the city.
Robert Miller: Well, it's great to have you in Virginia Beach.
Helen Scott: Thank you.
Dorothy Wood: Thank you Ms. Scott.
c.
AG-2
AG-2
= 0
[;J. '
AG-I/AG-2 to B-2
2 5/10/94
3 11/24/98
I REQUEST
Conditional Use Permit - Two single family
dwellings
Conditional Use Permit - Single family dwellings
Conditional Use Permit - Alternative Residential
Development
I ACTION
Granted
1# I DATE
1 7/13/93
Denied
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Pleasant Ridge Auto Parts, Inc. - Change of Zoning District Classification
(AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business
District) and, Modification of Conditions approved by City Council on November
24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.)
MEETING DATE: June 22,2004
.
Background:
(a)
An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a
Chanae of ZoninQ District Classification from AG-1 and AG-2 Agricultural
Districts to Conditional B-2 Community Business District on property
located at 4164 West Neck Road (GPIN 24027079830000 - part of), The
Comprehensive Plan identifies this site as being within the Rural Area,
DISTRICT 7 - PRINCESS ANNE
(b)
An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a
Modification of Conditions for a Conditional Use Permit approved by City
Council on November 24,1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on
property located on the northwest corner of Princess Anne Road and West
Neck Road (GPIN 24027079830000 - part of). DISTRICT 7- PRINCESS
ANNE
.
Considerations:
The existing property is part of a tract of land approved in 1998 under the
Conditional Use Permit approach for residential development. The 1998
Conditional Use Permit approach yielded a higher than by-right rural density
while preserving an area of the site for agricultural or open space uses. The
current proposal intends to rezone to B-2 Business a portion of the area set aside
for preserved agriculture and open space. The applicant desires to use the
rezoned portion of the property for a retail sales establishment, specializing in
auto parts, and for a presently undefined future expansion.
To develop the site as the applicant desires, the existing conditions on the 1998
approved Conditional Use Permit must be modified. The 1998 Conditional Use
Permit for an Altemative Residential Development of three (3) units was granted
with the following conditions:
Pleasant Ridge Auto
Page 2 of 3
1. A suitable legal instrument restricting development of the property to no
more than three residential building lots shall be submitted with the final
subdivision play, and shall be recorded in the Clerk's Office of the Circuit
Court. The content and form of such instrument shall be acceptable to the
City Attorney.
2. A one-foot no-ingress/egress easement shall be dedicated along the
frontage of the property on Princess Anne Road and run westerly down
West Neck Road a minimum of 150', in accordance with the
recommendations of Traffic Engineering.
3, A 50' vegetated buffer, as described in the Comprehensive Plan's Rural
Residential Guidelines, shall be installed along all residential property
lines where they abut an active agricultural operation. The required buffers
shall be planted prior to occupancy of the residential units.
Two of the conditions must be modified in order for the proposed development to
proceed. Condition 1 must be modified to permit the use of a portion of the
residual property for the proposed use. Condition 2 requires a no-ingress/egress
easement be dedicated along the frontage of the site. In order for the applicant's
proposal to occur, this condition must also be modified to eliminate the
requirement. Staff's research indicates that the required no-ingress/egress
easement has currently been platted only along West Neck Road with the
creation of two lots in accordance with the 1998 Use Permit.
The applicant, therefore, is requesting Modification of the 1998 Conditional Use
Permit through removal of the three-acre area requested for rezoning from the
area encumbered by the 1998 Use Permit. Removal of the three-acre area
effectively eliminates the conditions from applying to the proposed development
parcel.
With the removal of the three (3) acres requested for rezoning from the 1998 Use
Permit area, there will remain sufficient acreage to support the density of three
(3) dwelling units as approved with the 1998 use permit. That acreage will remain
restricted from development per the conditions of the use permit.
Staff recommended approval. There was opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-1 to
approve the requests, as proffered,
.
Attachments:
Staff Review
Disclosure Statement
Pleasant Ridge Auto
Page 3 of 3
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmentJAgency: Planning oepartment'-
City Manager: r)¿ .~6'P\.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Pleasant Ridge Auto Parts, Inc. - Change of Zoning District Classification
(AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business
District) and, Modification of Conditions approved by City Council on November
24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.)
MEETING DATE: June 22, 2004
.
Background:
An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Chanae of
Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-
2 Community Business District on property located at 4164 West Neck Road (GPIN
24027079830000 - part of). The Comprehensive Plan identifies this site as being within
the Rural Area. DISTRICT 7 - PRINCESS ANNE
An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Modification of
Conditions for a Conditional Use Permit approved by City Council on November 24,
1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on property located on the northwest corner
of Princess Anne Road and West Neck Road (GPIN 24027079830000 - part of).
DISTRICT 7 - PRINCESS ANNE
.
Considerations:
The existing property is part of a tract of land approved in 1998 under the Conditional
Use Permit approach for residential development. The 1998 Conditional Use Permit
approach yielded a higher than by-right rural density while preserving an area of the site
for agricultural or open space uses. The current proposal intends to rezone to B-2
Business a portion of the area set aside for preserved agriculture and open space. The
applicant desires to use the rezoned portion of the property for a retail sales
establishment, specializing in auto parts, and for a presently undefined future
expansion.
To develop the site as the applicant desires, the existing conditions on the 1998
approved Conditional Use Permit must be addressed in some manner. The 1998
Conditional Use Permit for an Alternative Residential Development of three (3) units
was granted with the following conditions:
1. A suitable legal instrument restricting development of the property to no more
than three residential building lots shall be submitted with the final subdivision
play, and shall be recorded in the Clerk's Office of the Circuit Court. The content
and form of such instrument shall be acceptable to the City Attorney.
2. A one-foot no-ingress/egress easement shall be dedicated along the frontage of
the property on Princess Anne Road and run westerly down West Neck Road a
minimum of 150', in accordance with the recommendations of Traffic
Engineering.
3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural
Residential Guidelines, shall be installed along all residential property lines
where they abut an active agricultural operation. The required buffers shall be
planted prior to occupancy of the residential units.
Two of the conditions must be modified in order for the proposed development to
proceed. Condition 1 must be modified to permit the use of a portion of the residual
property for the proposed use..
Condition 2 requires a no-ingress/egress easement be dedicated along the frontage of
the site. In order for the applicant's proposal to occur, this condition must also be
modified to eliminate the requirement. Staff's research indicates that the required no-
ingress/egress easement has currently been platted only along West Neck Road with
the creation of two lots in accordance with the 1998 Use Permit.
The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit
through removal of the three-acre area requested for rezoning from the area
encumbered by the 1998 Use Permit. Removal of the three-acre area effectively
eliminates the conditions from applying to the proposed development parcel.
The Rural Preservation Plan portion of the Comprehensive Plan specifically identifies
commercial nodes like Back Bay and Creeds as small areas that serve in a limited
fashion the commercial needs of a rather large geographic area. An important factor in
the evaluation of this development proposal, however, is that a small area of B-2 zoning
already exists to the north of the subject site at the intersection of Princess Anne Road
and Pleasant Ridge Road. The applicant currently uses this B-2 zoned site for the auto
parts business. It is Staff's understanding from the narrative submitted with the
application that the applicant's business has outgrown the existing site and that the
applicant cannot expand at the existing location. There exists, therefore, an existing
precedent for commercial use within this general area. Staff concludes that locating
commercial use at the West Neck Road intersection is a reasonable addition to the
existing B-2 at the Pleasant Ridge intersection. Further, it is Staff's opinion that the
West Neck Road intersection, due to it being the meeting of two primary routes into and
out of the Rural Area, is the more likely candidate for a commercial service node.
Details regarding the 'future expansion' shown on the proffered plan have not been
provided. However, the proffers submitted with the change of zoning request restrict the
development to the area defined on the proffered plan as "2-ST -RETAIL (8,000 SO.
FT,)." If the applicant ever pursues the future expansion, it will require additional review
by the Planning Commission and approval by the City Council as a Modification of
Proffers. Of greater concern is the lack of specificity in the proffers regarding the uses to
which the B-2 zoned area may be put. While the site plan and the building elevation are
designed for the applicant's business, the proffers do not restrict the uses in any way.
Thus, if desired, the applicant could use the building for any use allowed in the B-2
Community Business District. Staff does not believe that there would be any immediate
eventuality of this occurring. Of more concern is the potential for other B-2 uses to be
located in the area identified as 'future expansion; however, as noted above, such
expansion cannot occur without a Modification to the Proffers of this requested rezoning
should it be granted.
With the removal of the three (3) acres requested for rezoning from the 1998 Use
Permit area, there will remain sufficient acreage to support the density of three (3)
dwelling units as approved with the 1998 use permit. That acreage will remain restricted
from development per the conditions of the use permit.
Staff recommended approval. There was opposition to the request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-1 to approve the
requests, as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: ~~;~
,.,~~
~ +-1-. K16-210-CRZ-2004
,-0
f5i~ : 'EASANT RIDGE AUTO PARTS, INC.
(:'I.~~'" ~;f
(~}.~-...~{# Agenda Items # 9 & # 10
",":;..:::~:;::.~ May 12, 2004 Public Hearing
Staff Planners: Karen Prochilo and Stephen White
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:
Location and General Information
(9)
(10)
Chanqe of Zoninq District Classification from AG-1 and AG-2
Agricultural Districts to Conditional B-2 Business District.
Modification of Conditions for a Conditional Use Permit
approved by the City Council on November 24, 1998,
Property located at
the Northwest
intersection of
Princess Anne
Road and West
Neck Road
'F'~\
/~I I.
\ai\ '
Condirio..l Zoning Cha." from AG-VAG-1 to B-1
Part of 24027079830000
7 - PRINCESS ANNE
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 1
SITE SIZE:
Subject property: 3 acres. Total Property: +/- 17 acres
EXISTING
LAND USE:
The property is zoned AG-1 / AG-2 Agricultural Districts.
East:
. Farm fields and single-family residential / AG-1 and
AG-2 Agricultural Districts
. West Neck Road, Farm field, single-family
residential / AG-1 and AG-2 Agricultural Districts
. Princess Anne Road, farm fields, single-family
residential / AG-1 and AG-2 Agricultural Districts
. Farm fields with single-family residential / AG-1 and
AG-2 Agricultural Districts.
SURROUNDING
LAND USE AND North:
ZONING:
South:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
This subject area of the parcel is primarily flat land. The proposed
development site is currently used as a plant nursery. There are a
few significant mature trees on the site.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana and NALF Fentress.
Summary of Proposa
The existing property is part of a tract of land approved in 1998 under the Conditional
Use Permit approach for residential development. The 1998 Conditional Use Permit
approach yielded a higher than by-right rural density while preserving an area of the site
for agricultural or open space uses. The current proposal intends to rezone to B-2
Business a portion of the area set aside for preserved agriculture and open space. The
applicant desires to use the rezoned portion of the property for a retail sales
establishment, specializing in auto parts, and for a presently undefined future
expansion.
To develop the site as the applicant desires, the existing conditions on the 1998
approved Conditional Use Permit must be addressed in some manner. The 1998
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 2
Conditional Use Permit for an Alternative Residential Development of three (3) units
was granted with the following conditions:
1. A suitable legal instrument restricting development of the property to no more
than three residential building lots shall be submitted with the final subdivision
play, and shall be recorded in the Clerk's Office of the Circuit Court, The content
and form of such instrument shall be acceptable to the City Attorney.
2. A one-foot no-ingress/egress easement shall be dedicated along the frontage of
the property on Princess Anne Road and run westerly down West Neck Road a
minimum of 150', in accordance with the recommendations of Traffic
Engineering.
3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural
Residential Guidelines, shall be installed along all residential property lines
where they abut an active agricultural operation. The required buffers shall be
planted prior to occupancy of the residential units.
Two of the conditions must be modified in order for the proposed development to
proceed. Condition 1 must be modified to permit the use of a portion of the residual
property for the proposed use. The document specified in Condition 1 was recorded at
Deed Book 4068, Page 502. The final clause of the recorded restrictions notes "Nothing
herein shall restrict any interested party from applying to the Virginia Beach City Council
for a variance of, or amendment to, this condition in the future." The applicant has
applied to amend the condition,
Condition 2 of the 1998 Use Permit requires a no-ingress/egress easement be
dedicated along the frontage of the site. In order for the applicant's proposal to occur,
this condition must also be modified to eliminate the requirement. Staff's research
indicates that the required no-ingress/egress easement has currently been platted only
along West Neck Road with the creation of two lots in accordance with the 1998 Use
Permit.
The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit
through removal of the three-acre area requested for rezoning from the area
encumbered by the 1998 Use Permit. Removal of the three-acre area effectively
eliminates the conditions from applying to the proposed development parcel.
PLEASANT RIDGE AUTOPARTS, INC.
Agenda Items # 9 & # 10
Page 3
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 for the Rural
Area concerning the location of non-residential uses.
. Ambiguity regarding future expansion as shown on the site plan.
. Intent of 1998 use permit for preservation of this area as open space /
agricultural residual as part of the residential lots.
Comprehensive Plan
The Comprehensive Plan recognizes this property to be part of the Rural Service Area.
The rural land use policies have not changed much over time and are important for our
rural landscape. Future development within the Rural Service Area must adhere to the
Comprehensive Plan's adopted rural planning principles and economic strategies to
retain its character and vitality.
The Comprehensive Plan identifies a Rural Preservation Plan with five objectives:
1. Preserve and promote the opportunity for continued agricultural production.
2. Recognize the rural character and the need to preserve its open space and
scenic beauty. Rural character also translates into a quieter, less hectic and
more independent way of life; one removed from the congestion, density and fast
paced activities of urban life. The growth that occurs does so without disrupting
the lifestyles of those who have chosen to live here and without forcing the need
to bring in urban services.
3. Protect and maintain environmental resources so that they remain for future
generations.
4. Provide reasonable rural development opportunities.
5. Eliminate the need for urban infrastructure.
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & #10
Page 4
In order to achieve these objectives the Agricultural ReseNe Program and Rural
Development Guidelines were included as part of an overall program to stabilize and
reinforce the rural way of life.
Guides to non-residential rural development include:
Protect rural character and existing scenic views.
Franchise retail, office parks or shopping centers are not encouraged.
Create non- residential development at key crossroads to encourage
community interaction of people, not vehicles.
Commercial retail development should be located in existing defined rural
commercial centers for supporting the local rural community in lieu of strip
shopping center development.
.
.
.
.
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 seNe
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
When the property is developed, it shall be developed
substantially as shown on the exhibit entitled "Preliminary
Subdivision Plat of Part of the Property of Philip W.
Murden, Jr. and Connie D, Murden for Steven W. &
Wanda J. Simpson, Virginia Beach, Virginia", prepared by
Kellam-Gerwitz Engineering, Inc, dated 12/08/03, which
has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning
(hereinafter "Site Plan").
The architectural design of the building depicted on the
site plan and the landscaping to be installed will be as
depicted on the exhibits entitled, (a) "Proposed NAPA Auto
Parts Store; Princess Anne Road and West Neck Road,"
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 5
PROFFER # 3
PROFFER # 4
PROFFER # 5
PROFFER # 6
dated 12/15/03, prepared by Porterfield Design Center
(hereinafter "Rendering") and (b) "Proposed Landscape
Plan - NAPA Auto Parts Store" dated 2/12/04",
(hereinafter "Landscape Plan"), which have been exhibited
to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.
All outdoor lighting shall be shielded, deflected, shaded
and focused to direct light down onto the premises and
away from adjoining property.
The freestanding sign designated on the Site Plan shall be
as depicted on the exhibit entitled, "Sign Elevation,
Pleasant Ridge Auto Parts," dated 2/12/04 prepared by
Porterfield Design Center (hereinafter "Sign Elevation").
which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department
of Planning. The brick base and columns of the sign shall
match the brick base of the building depicted on the
Rendering.
The building depicted on the Site Plan and Rendering shall
be twenty-five feet (25') in height and shall have an
exterior wall color of "Light Stone" and an exterior roof
color of "Medium Bronze" as depicted on the "A&S
Building Systems -Commercial - Industrial Series" color
palates which have been exhibited to the Virginia Beach
City Council and are on file with the Virginia Beach
Department of Planning. The base of the exterior of the
building, to a height of three feet (3) shall be a reddish-
brown brick.
Further conditions may be required by the Grantee during
detailed Site Plan review and administration of applicable
City codes by all cognizant City agencies and departments
to meet all applicable City code requirements.
Staff Evaluation of The above proffers are acceptable.
Proffers:
City Attorney's
The City Attorney's Office has reviewed the proffer
PLEASANT RIDGE AUTO PARTS. INC.
Agenda Items # 9 &# 10
Page 6
Office:
agreement dated March 23, 2004, and found it to be
legally sufficient and in acceptable legal form.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the 'Major Issues' identified above.
(1) The intersection of Princess Anne Road and West Neck Road is not specifically
mentioned by the Comprehensive Plan as a potential node for retail and other
non-residential service uses. The Rural Preservation Plan portion of the
Comprehensive Plan specifically identifies commercial nodes like Back Bay and
Creeds as small areas that serve in a limited fashion the commercial needs of a
rather large geographic area. An important factor in the evaluation of this
development proposal, however, is that a small area of B-2 zoning already exists
to the north of the subject site at the intersection of Princess Anne Road and
Pleasant Ridge Road. The applicant currently uses this B-2 zoned site for the
auto parts business. It is Staff's understanding from the narrative submitted with
the application that the applicant's business has outgrown the existing site and
that the applicant cannot expand at the existing location. There exists, therefore,
an existing precedent for commercial use within this general area. Staff
concludes that locating commercial use at the West Neck Road intersection is a
reasonable addition to the existing B-2 at the Pleasant Ridge intersection.
Further, it is Staff's opinion that the West Neck Road intersection, due to it being
the meeting of two primary routes into and out of the Rural Area, is the more
likely candidate for a commercial service node.
(2) Details regarding the 'future expansion' shown on the proffered plan have not
been provided. However, the proffers submitted with the change of zoning
request restrict the development to the area defined on the proffered plan as "2-
ST-RETAIL (8,000 SQ. FT,)." If the applicant ever pursues the future expansion,
it will require additional review by the Planning Commission and approval by the
City Council as a Modification of Proffers. Of greater concern is the lack of
specificity in the proffers regarding the uses to which the B-2 zoned area may be
put. While the site plan and the building elevation are designed for the applicant's
business, the proffers do not restrict the uses in any way. Thus, if desired, the
applicant could use the building for any use allowed in the B-2 Community
PLEASANT RIDGE AUTO PARTS,INC.
Agenda Items # 9 & # 10
Page 7
Business District. Staff does not believe that there would be any immediate
eventuality of this occurring. Of more concern is the potential for other B-2 uses
to be located in the area identified as 'future expansion; however, as noted
above, such expansion cannot occur without a Modification to the Proffers of this
requested rezoning should it be granted.
(3) With the removal of the three (3) acres requested for rezoning from the 1998 Use
Permit area, there will remain sufficient acreage to support the density of three
(3) dwelling units as approved with the 1998 use permit. That acreage will remain
restricted from development per the conditions of the use permit.
Staff, therefore, recommends approval of the Change, of Zoning from AG-2 an AG-1
Agricultural Districts to B-2 Community Business as proffered and approval of the
request for Modification of Conditions through elimination of the three (3) acre B-2
zoning site from the area of the Conditional Use Permit approved on November 24,
1998.
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
apolicable CitV Codes.
PLEASANT RIDGE AUTO PARTS. INC.
Agenda Items # 9 & # 10
Page 8
Item #9 & 10
Pleasant Ridge Auto Parts, lnc,
Page 3
thing. I certainly respect the fact that others may have disagreement about that. The site
was the subject, as you all know of aU se Permit a number of years ago that involved
residential and the remainder that remained as open space. But that application there was
extra land above and beyond that was needed to meet the requirements of Section 405.
And, this land that we are proposing to develop here will not cause that application to
have been granted without enough land to meet the requirements of Section 405 without
the amount of soils needed to meet Section 405. So, there is no gift having been given to
the prior application by this. If this had not been a part of it, it still would have met the
requirements of Section 405 in terms of the acreage and in terms of the soils. Now, this
site will have a complete soil septic system that will work, function and will meet of
today's standards. So, it will definitely from an environmental standpoint an
improvement. As you know, you have to have an acre ofland to be able to do a septic
system today. I would also not and I think one of the other speakers in favor is going to
note that on the opposite corridor of West Neck and Princess Anne there used to be a
store that sold gasoline so the idea that this is introducing commercial to an intersection
where it has never existed is not an accurate assessment. The staff has recommended in
favor of this. It's within a stone throw of their existing facility and we believe that the
staff has got it absolute correct and that it's an application, or two applications that should
be approved. I know there are three other speakers in favor so I'll stop at this point. I'll
be happy to answer any questions.
Dorothy Wood: Eddie, would you please answer any questions?
Eddie Bourdon: I'll be happy too.
Dorothy Wood: Mr. Waller, thank you.
John Waller: I don't have a problem with the rezoning. I've got a big problem with the
design that he built.
Eddie Bourdon: I heard thaÙhis morning John.
John Waller: It's a metal building at a major intersection at Princess Anne Road.
Everyday it's becoming more and more traffic and more and more people coming down.
It won't be long before it's a four-lane road with commercial buildings on all sides.
You're going to have a big, ugly metal building put on that corner. That is what I'm
opposed too.
'--
Eddie Bourdon: As I mentioned John, the reason why people can disagree and I would
have to say that I respect your opinion however, under our Comprehensive Land Use
Plan and under all of the plans that I know of in terms ofroadway improvements, I don't
know how many of us are going to be here when what you envision occurring occurs.
Four-lane West Neck Road and four-lane Princess Anne Road with our extreme
restrictions on and I don't say extreme in a negative way but our restrictions on what is to
happen in our rural south, which I think the vast, vast majority of the people who live
Item #9 & 10
Pleasant Ridge Auto Parts, Inc,
Page 2
Pleasant Ridge and Princess Anne Road. You can actually see it right here, along this
aerial that subject site. The parcel that they operate their business on and they actually
own. I have a survey of it. You heard this morning and some reference may have been
made to something of along the line of half an acre. It is actually more along the lines of
about 12,000 square feet. I'll pass the survey around. I do need to get it back because I
did not have the opportunity to make copies of it. That building has about 7 or 8 parking
spaces. And that is it. There is no room to expand and they have a need to expand their
business. They did in fact attempt to make efforts to acquire additional land adjacent to
their parcel, but that is not property on the market for sale. It is certainly not a criticism
of the people who own the property at all. That is a fact. That is reality. Therefore, they
have no ability whatsoever to expand their business. Their business under all of our
current site plan ordinance requirements, etc., you can't meet any ofthe guidelines by
tearing down what's there and trying to build something on it. It's just not physically
possible. They got more building, more space on that site than the site supports by any
stretch of the imagination. And, you also have the septic issue. We don't have sewer in
this part of the world and will not have sewer down in this part of the world. Weare not
advocating sewer in this part ofthe world. So, we have a situation where in order to
succeed and to continue to succeed and to serve the community they need the ability.
The business has succeeded and they need to go expand that business. One of the reasons
why they have been so successful among many is because they are supporters of the
community in which they reside and do business. They donate money to community
charities and community funds. I've got a long list here and I'll hit a few of them. The
Heidy Temple, Not Silent Ruritan Club, Creeds Elementary PT A, Currituck County
Relay for Life, Ducks Unlimited, Virginia Beach Rescue Squad, Knots Island Elementary
PTA, Knots Island Beach Festival, Knots Island Wildlife Festival, Knots Island
Voluntary Fire Department, Back Bay Christian Academy, Kellam High School Booster
Club, St. John Apostle Catholic Church and Catholic School, Angel Fund, Multiple
Sclerosis Society, Muscular Dystrophy, Creeds Ruritan, Test Before Livestock, Auction,
Virginia Beach For Livestock Auction, Virginia Beach Booster Club and Creeds Athletic
Association. The proposal here is to place a business that is established in the community
that supports the community and supports agriculture at the major intersection ofthree
that I count, in the southern part of the City. I think Indian River and Princess Anne and
West Neck. And, Indian River and West Neck. I think further down there are some other
major intersections. Those are it. I think this is an excellent location for this business.
They've designed the business. They designed the structure that fits in with the character
of the area. The building has a metal foundation. It's a metal building but it has brick
face around the bottom. It has a raising metal bronze roof, a sandstone color on the
exterior that is not brick. There is an existing barn, the West Neck Equestrian Center
right down the street. It's about three times the size. It's exactly the same type of
material, a metal barn. There are lots of them out there. They got a very attractive plan.
One that staff has not indicated any objection to in terms of appearance and in terms of it
fitting in with what's in that rural setting. This is not Town Center. This is not a lot of
other areas of the City. This is the rural area. It's an area that is not the same as where
most of us live. It is where two of your members do live. We think the building and it's
appearance do very much fit in with the character of the area. I mean that's a subjective
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Change of Zoning District Classification
Modification of Conditions
4164 West Neck Road
District 7
Princess Anne
May 12, 2004
REGULAR
Dorothy Wood: The next items will Pleasant Ridge Auto Parts.
Joseph Strange: Item #9 & 10 is Pleasant Ridge Auto Parts, Inc. It's a Change of Zoning
District Classification fÌom AG-l & AG-2 Agricultural Districts to Conditional B-2
Community Business District on property located at 4164 West Neck Road. There is also
a Modification of Conditions for a Conditional Use Permit approved by City Council on
November 24, 1998 on property located on the northwest corner of Princess Anne Road
and West Neck Road, District 7, Princess Anne.
DorothyWood: Yes sir.
~
Eddie Bourdon: Thank you Madame Chair. Eddie Bourdon, a Virginia Beach attorney
representing the applicant. I have copies of three letters that I'm going to pass out to each
of you. I have two copies of a petition and I'll try to make copies for everyone. It is my
privilege to represent the Simpson Family on this application this aftemoon. I appreciate
your patient on the last application. The application has been read and involves, first of
all a change in zoning district classification on this 3-acre parcel located at West Neck
and Princess Anne Road to B-2 along with a modification of conditions on the Use
Permit that was approved on the large parcel back in November 1998. The letters that
I'm passing out to you are letters of support from three members of the community, Mr.
Frank Williams, Mr. Bonnie Bright and Mr. Dawson Taylor. I've also provided you all
with a petition which has a total of 555 signatures, it's a petition of support with 555
signatures on it, which I'll mention a little bit later. It's probably the largest petition in
terms of the number of signers, support or oppose that I've ever seen and that's in
support. That tells you, I think a great deal about the applicants in this case. The
Simpsons have been family farmers in the Pungo/Back Bay area for over a century.
There family has run this family owned business, which is in large measure an
agricultural support business that provides all types of parts, equipment and expertise for
repairing farm equipment, tractors, trucks, etc. They are pillars of the community and
that is noted, I think by anyone who will take a few minutes to look at the petition and the
people who have signed that petition. You'll notice names that everyone knows,
Vaughan, Williams, Simmons, Frost, Dean Davis, Brickhouse, Morris, Bright, Etheridge,
Briggs, Murden, Henley, Kellam, Brock, Freeman, right on down the line. So, who's
who of the people who live in the southern part of the City. Our agricultural industry in
the southern part of the City. The Simp sons have operated their business at the corner of
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PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 19
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PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 18
Exhibit 0
Proposed
Building
Elevation
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 17
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Agenda Items # 9 & # 10
Page 16
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PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 1 0
Page 15
Exhibit A - 3
Aerial of Site
Location
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 14
Exhibit A - 2
Aerial of Site
Location
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 13
Exhibit A - 1
Aerial of Site
Location
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 12
Department of
Agriculture:
Agricultural
This parcel is under a conditional use permit for an
alternative residential development, which has built the
maximum number of homes allowed b densit .
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 11
Public Agencv Comments
Public Works
Master Transportation
Plan (MTP):
Princess Anne Road in the vicinity of this application is
considered as a two lane undivided rural roadway. The
Master Transportation Plan designates the right-of-way
for Princess Anne Road as 100 feet.
West Neck Road in the vicinity of this application is not
designated for improvements in the recently adopted
Comprehensive Plan.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Caoacitv
Princess Anne 7,000 7,400 - Existing Land Use 2
Road ADT' 12,000 - 50 ADT
ADT'
2,500 7,400 - Proposed Land
West Neck Road ADT' 12,000 Use 3 -495 ADT
ADT'
Average Dally Tnps
'as defined by current zoning
'as defined by auto parts sales 018.000s1
Public Utilities
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.
Fire and Rescue:
Fire Department requirements will be addressed at the
time of construction documents.
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 10
. ......_Jtr:~
Supplemental Information
ZoninQ Historv
o.
AG-2
1# I DATE
1 7/13/93
2 5/10/94
3 11/24/98
I REQUEST
Conditional Use Permit - Two single family dwellings
Conditional Use Permit - Single family dwellings
Conditional Use Permit - Alternative Residential
Development
I ACTION
Granted
Denied
Granted
PLEASANT RIDGE AUTO PARTS, INC.
Agenda Items # 9 & # 10
Page 9
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 4
there don't want to see those changes. I don't know that we are going to see anytime in
the foreseeable future any significant amount of commercial development in this area or
any widening to four lanes of these two roads. Now, some improvements of those roads
will be made. I think some of them are very much needed. Wider shoulders and things of
that nature but I don't know of any plans anywhere in the foreseeable future to do four
lanes of either of those roads. We're certainly not going to have water and sewer down
there, public infrastructure down there. And, I think it will retain its rural character and I
do believe that this building is one that has been designed in keeping with rural character.
There are churches down there that are similar type of buildings as well as equestrian
centers. One of the nicest looking properties in the rural part of the City, which is
actually on the north side of the blue-line, is Mr. Hanson's property. I think he's got a
very nice looking barn that I believe is a similar type of appearance. If it was somewhere
else in the City I would absolutely agree with you but I don't know if I can agree with
you. This is my opinion and we're all entitled to our opinions. It doesn't make one right
or one wrong. We believe that this is in keeping with the character of that part of the
City. We haven't heard prior to this morning at least from the staff and that is no
criticism of the staff about concerns about the design of this building. In another
application and we'll be talking about that from staff perspective but I haven't heard it on
this one.
John Waller: Courthouse Marketplaèe, which we saw pictures of earlier. They'vedone a
beautiful job. They sort of set the tone or raising the bar. They're making the whole
Princess Anne Road nice and a more pleasant place to drive. It's a lot of residential, well
mostly residential there now but more and more people will be coming down here and
everybody wants to put up a metal building you can imagine what it is going to look like.
I just think we need to raise the bar for Princess Anne Road.
Eddie Bourdon: I couldn't agree with you more as far as the Courthouse Marketplace is
concerned, which is right here in the Courthouse Center where we are located. In an area
that is under our Comprehensive Plan and the Princess Anne area that will be high end
residential at one unit per acre. But, again this part of the City, our Comprehensive Plan
is pretty clear is to remain an agricultural and rural area. We've got development going
about 25-30 houses a year in this part of the City and I think it is going to remain that
way. So, I don't have a crystal ball as to what this part of the City is going to look like in
50 years or even in 10 years. I think it will look a whole lot like it does today intent. I
don't know Courthouse Marketplace in this section of the City is the same that is down
below Pungo. We're not trying to build anything that is objectionable or low end, if you
will. I think to put something like Courthouse Marketplace down here would be
completely out of character. I think would not blend in or fit in. Again, that's a decision
that I guess City Council will have to make.
Dorothy Wood: Thanks Eddie. Ed, will you keep the time manually since the computer
is down?
Ed Weeden: He had plenty of time.
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 5
Dorothy Wood: Ed told me that we're going to have to vote manually. Our computer is
down so we can't vote electronically this afternoon. We have some speakers?
Joseph Strange: Speaking in support, the first speak is Al Henley.
Al Henley: Hi. Ladies and gentlemen of the Planning Commission, thank you for
allowing me to be here today and to speak to you and a good afternoon to you. My name
is Al Henley and I'm a life long resident of the Back Bay/Pungo area. I come here before
you in total support of this application. It is a facility that has served our community for
25 years. It's mostly towards the agriculture community as well as residents. I've been
there quite fÌequently myself on maintenance of my vehicles. There are other facilities
that are located north of us but I prefer not to fÌequent those facilities because my
personal opinion is they don't carry and stock the materials that is halfway as good as the
NAP A product. When we do purchase material, we do like to purchase the best. As for
the facility, I think the facility has done a good job on the planning of it. The colors of it
are acceptable. We have a lot of metal barns in Pungo, Blackwater and Back Bay. I think
they've done a good job with the layout of the parking facility and the landscaping. And,
as Mr. Bourdon said earlier there was and I do remember the gas station that was on the
opposite comer as well as the current location that they maintain today. It was also a
grocery store and they also served gas. So, it's not to time to be repetitive. I am support
of that and 1 would respectfully request ITom each one of you to be supportive. Thank
you very much.
Dorothy Wood: Thank you Mr. Henley.
Ronald Ripley: I got a question. How long ago was the property used as a grocery store?
Do you recall?
Al Henley: Well, I would say probably about 30 years ago. The facility closed. It
became a rental property. They had an apartment above but I remember as a young
gentleman myself ITequenting it and shopping there with my parents as well as
purchasing gas.
Ronald Ripley: Okay. Thank you.
Dorothy Wood: Thank you.
Al Henley: Thank you.
Joseph Strange: Also speaking in support is Rodney Foster.
~
Rodney Foster: Good afternoon. I'm Rodney Foster and I live at 2108 Indian Creek
Road in Chesapeake. I'm here in support of this application. 1 farm for a living in
Virginia Beach and Currituck and in Chesapeake. We use NAPA quite regularly to get
our after market parts for our farm equipment. Most of you probably know that there are
no longer any agricultural tractor equipment dealers that service farm equipment in
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 6
Virginia Beach or in Chesapeake. We now either have to go to Edenton, Elizabeth City
of Suffolk to look for these kinds of parts. Agriculture certainly needs this type of
business to sustain us. The new building, the architect design is certainly pleasing to the
eye. I just notice a movement or two about the comment about the brick and the metal. I
believe if you were to travel around Virginia and look at the John Deere dealerships that
are now being built, the agriculture supplies, the tractor supplies, they all use metal
buildings in the rural area to accommodate the rural character. This is certainly to me,
looks better than a whole brick building or a cinder block building in the country like
that. It does fit that character. As some of you know, eight years ago I was on the
Chesapeake Planning Commission and I retired a year ago. So, we always looked at one
thing and in our determination when it was opposition was that the advantage to this
might weigh any impact because of the needs of the community. So, I would urge you to
support this business. I do know that the existing business is too small. It can't supply
and keep the parts that we need. There is no more space available. And, the business has
grown and it has become dangerous for very little bit of parking sitting on the corner curb
like it is. Again, I would appreciate it if you would support it. It is good for our
community and it is good for the City of Virginia Beach. Thank you.
Dorothy Wood: Mr. Foster, we're glad to have you here. We do remember you being on
the Chesapeake Planning Commission and the fine job that you did. Our Planning
Commission has enjoyed working with your Planning Commission and we're going to
get that expressway through and work together. Thank you very much for coming.
Rodney Foster: I already had a few comments for that and I hope it happens too.
Dorothy Wood: Thank you for coming sir.
Joseph Strange: Also speaking in support is Marvin Rollins.
~
Marvin Rollins: Madame Chairman and members of the Planning Commission, my
name is Marvin Rollins. I live at 1521 Mill Landing Road and that's in Back Bay. I've
been there my entire life on the same little farm that I still own today. I support this
application in many ways. One is the applicant not only through this application
improves the service for himself. He improves the service for the entire community that
depends on this applicant. The applicant is certainly like myself. He didn't just come
into town, fall off the meat wagon and decided that he was going to open up a business.
He's the third generation that has been in this type of business. His father served me. His
grandfather served my father. And, Steve serves me through business. And just like the
other speakers, I will repeat this because sometimes Mr. Bourdon is a representative. He
comes up and he's a representative doing ajob but I am a person who lives there and uses
the services that are provided as well as many other people. And, I think when a person
has a business, he supports his community and it is a plus for the entire community and
not just for one individual. That is a no brainer as far as a vote. If I were in your shoes I
would feel like that I voted against an entire community if! voted against this
application. I really ever get up here and say anything. In this case, I could not sit by and
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 7
not say how I felt. I know there are other people that certainly do not feel the same way
as I do. The business community, which I am in business, I am not a farmer. I own a
construction business and when I need a part for a Mack truck, I'm able to get it fÌom Mr.
Simpson. I don't have to go everywhere but you can't do it in the area next to us. And,
one other thing and there was and as Mr. Henley said and Mr. Bourdon brought us, there
was a pure oil station directly across fÌom that piece of property many years ago, which
my father and I went in there many, many times. I just appreciate your time to say thank
you all for letting me talk and I certainly do hope that you all will see fit to put this
application through as a benefit for the entire community.
Dorothy Wood: Thank you Mr. Rollins. I know that you're very proud of your family
with generations in Virginia Beach. Thank you.
Marvin Rollins: Yes we are.
Joseph Strange: Okay. Speaking in opposition is Dr. Carmen Maldonaldo.
Dorothy Wood: Welcome Dr.
Carmen Maldonaldo: My name is Dr. Maldonaldo. I stay in the United States Navy for
23 years, six of them in the war in Saudi Arabia. I was at the time under a lot of stress so
when I came back I said I need to live in a place, which is peaceful, rural but at the same
time close to the City, which is the area that I bought. I live six houses from the proposed
business. I have a gorgeous house that anybody can call a mansion. It's a mansion to
me. It's the type of house that is beautiful. It's gorgeous. It's peaceful. It's quiet. I live
there because I was looking for those characteristics in a place where I can live. The
Navy could send me back anywhere I wanted to live but I chose Virginia Beach because I
love this place. I am opposed because I feel that quietness and tranquility that I have is
going to change. This place is quite too close to my house. It is just like 5 or 6 houses
fÌom my house. Like he said, it's just ugly houses or whatever he thinks they are but they
are not. All the residential there are gorgeous. They are beautiful houses. The building
itself doesn't look quite nice. It doesn't. I would not like to have it there. No, I wouldn't.
I would like to keep it peaceful for me. Thank you.
Dorothy Wood: Thank you. Would you please show us ma'am? Would you please
show us where you live and then answer Ms. Katsias' question?
Carmen Maldonaldo: It's the last house.
Dorothy Wood: You can use the pointer if you could?
Carmen Maldonaldo: I live right in there. One, two, three, the last house. Right here
you have woods in the back of my house.
=-
Dorothy Wood: Thank you Dr. Would you please answer Ms. Katsias' question?
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 8
Kathy Katsias: No. That's fine.
Joseph Strange: Okay. Next we have Jerry Lang.
Dorothy Wood: Welcome Mr. Lang.
Jerry Lang: Thank you. Madame Chairman, members, my name is Jerry Lang and I live
directly across the street fÌom there, across :from West Neck and Princess Anne. I've
lived there since 1986. From 1990-2000, the average new homes that were constructed
increase approximately 30 per year and as of January 2001 there were approximately
1,800 existing dwelling units in the Pungo/Black Water planning area. This is an
increase of almost 300 units since 1990, which equates to about 20 percent increase as
per the average throughout Virginia Beach is only 14 percent increase. At this rate, 20
percent it wouldn't be long until the Pungo/Blackwater area would be no then an
abundance of significant important and natural resources that is being preserved through
your award winning plan. I can visualize as your honorable Mr. Waller had mentioned if
this facility is erected at this intersection, which is an extremely busy intersection it will
not be long before there will be other across the street. The gas station or even down the
street where another mall will be put up in the near future. As also described in your
Comprehensive Plan that your guidelines are in non- residential rural development, which
includes scenic views. Well my view, straight across the street of another commercial
building is not a scenic view. Also, fÌanchise retail stores are not encouraged yet your
staff evaluation is to recommend approval of changing this zone :from AG-l, AG-2 to a
B-2 Community Business. Also, one of your statements is to create non-residential
development at key crossroads. Well, again as Mr. Waller had mentioned, this
intersection being that there are only three major intersections coming out of Knotts
Island that is Pungo Ferry, West Neck and Indian River. Well, living right across the
street fÌom it, West Neck is an extremely busy out take. Anyways, as being a resident
since 1986 therefore, I'm opposed to granting the changes.
Dorothy Wood: Thank you sir. You are out of time. I appreciate you coming. As we
stated before each person has three minutes unless your representing a large group but
then we will give you more time. That's the same for people on both sides have three
minutes.
Joseph Strange: Next we have Amy Lang.
Dorothy Wood: Welcome Ms. Lang. Thank you for coming.
~
Amy Lang. Afternoon everyone. How are you? My name is Amy Lang. I live at 1476
Princess Anne Road. My husband just spoke previously. We live right at the intersection
of West Neck and Princess Arme Road on the east side. I am very much opposed to the
change ofthis Conditional Use Permit. Traffic will increase greatly. Public Work's
comments on page 10 of your agenda Items #9 & 10 state the calculations for a 8,000
square foot auto parts store would increase the generated traffic for that property
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 9
approximately about 10 fold. And the undefined future expansion of the B-2 use of
approximately the same size will only further congest that area. If a precedence is set,
which Mr. Waller seems to be in agreement with that will develop that commercial area
or redevelop, I guess from very old businesses that were there. It doesn't go with our
Comprehensive Plan that does not encourage retail centers. The current property that the
NAP A owns is zoned for business. There's a difference between needs and wants. If
they need to expand their business they can surely find an off sight warehouse where they
can store additional parts for their facility and they can drop them into that area for some
pick up just because they want to expand their business does not mean that I should give
up my rights in that rural area to have the tranquility of that area. I'm concerned about
the stormwater run off. An 8,000 square foot building and parking plus additional
undefined area of equal size. In our area of the rural part of the city means ditches. And,
it will mean deep ditches. Deep ditches with a large highly traffic intersection only adds
to the problems in that area. We have enough people going into the ditch now that are
people braking too late to go to West Neck Road and someone veers off trying to miss
him. We've had a dump truck turnover in our front yard and lose their whole load.
People are often swerving onto our property to avoid them.
Ed Weeden: You're running out of time
Amy Lang: So, I definitely oppose this application.
Dorothy Wood: Thank you Ms. Lang. We appreciate you coming.
Joseph Strange: Our next speaker is Jackie Hembree.
Dorothy Wood: Welcome Mr. Hembree.
Jackie Hembree: Jackie Hembree. I live in Virginia Beach. I've been here for 42 years.
I've been at my present location for 26 years. I've seen the traffic. I've seen probably
20-30 fold on Princess Anne Rod since I've been here. When I first moved to where I
was at I could go out my road, go to work and not see another car probably until I got to
work. By the time I left, right now I have to go out and wait and wait and wait to get on
Princess Anne. My concern is the traffic and also the snowball effect of putting more
business down in our area. It will be like a snowball effect. It will continue. First thing
you know we'll have a bar on one corner, a service station on the other comer. It will run
the life that we all love and know. That is my big concem right now.
Dorothy Wood: Where do you live sir? Do you live on West Neck?
Jackie Hembree: No ma'am. I live on Jarvis Road.
Dorothy Wood: Thank you sir. Thank you for coming.
~
JackieHembree: We thank you.
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 10
Joseph Strange: Our next speaker in opposition is Dan Franken.
Dorothy Wood: Welcome Mr. Franken.
Dan Franken: Good afternoon Madame Chairperson and Commission members. I
assume that I'll be permitted ten minutes as the representative for the folks in opposition.
Dorothy Wood: I'll have to check because they have all spoken.
Dan Franken: That is what I agreed to with staff ahead of time.
Dorothy Wood: I think was if you were going to represent all of these people. I don't
know.
Dan Franken: It said representative. It didn't say a lawyer.
Dorothy Wood: Okay sir. Mr. Scott? Mr. Macali? Guidance please?
Robert Scott: It's your discretion. I don't know who's represented who's already spoken.
Dorothy Wood: Just go on sir.
-
Dan Franken: Thank you very much. Just a bit of background about myself. Like I said,
I'm not a lawyer and that is probably evident. I have 40 years of experience in national
security. I'm a retired Naval officer and was a senior executive with the government and
I'm recognized as a strategic planner. As a matter of fact, most of my comments I say, I
hope will center around this excellent strategic plan that's five months old that I believe
most ofthe issues associated with this request violate or are not construed within various
fashions. Mr. Bourdon gave an excellent introduction for Steve Simpson. I think Steve
Simpson ought to have a new business somewhere but not there. And, I also think Steve
Simpson is a wonderful gentleman and I consider him a mend of mine. I just don't think
we ought to have like you heard from these other people a small store that's currently on
a well, established location. It has been there for years, be moved less than a half mile
where it's not in the vicinity of three or four over established residences and be plump
smack dabbed in the middle of one of the worse intersections around town and near some
very good homes. And, I want to comment about that. If you want to know what kind of
environment we seek to have in the country, it's all spelled out in the strategic
Comprehensive Plan. It also lays out pretty strict guidance for non-increasing
infÌastructure requirements, not building commercial activities in non-designating
sectors, etc. We thought our mission here today would be a little bit easier until this
document was published Friday in which it recommended or made an assumption ofleap
of logic that existing NAP A store already qualified as a commercial activity, so therefore
we can move it south of this intersection and then we now have "walla" a new
commercial sector. I think the strategic issue before the Planning Commission today is,
do you want to design a new commercial sector for the City? The extensive issue is the
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page II
..=..
store. I think it's really larger than that. The store is currently closed to 3 or 4 homes if
you call close several hundred yards. If you move it to the intersection that is being
talked about here it is going to be close to 10 or 12 homes. It will be nearly right across
the street on West Neck fÌom a home that was just bought for $650,000. The resident, I
don't know if she made it today because a lot of people work and can't make it today
including my wife. She said she would have never bought that home had she knew that
this was coming. Mr. Scott, sir respectfully, when I saw the recommendation in here I
tried to call you Friday and members of your staff and I have not been responded to. I do
not understand that with this current strategic plan that lays out all this guidance we could
make a decision that already exists commercial infÌastructure there, therefore this next
intersection is okay. I just can't understand it sir. Also I want to give you a little bit of
history. In 1998, the current landowners, the Murden Family came to our door and
several other neighborhood doors and sought to get signatures on a petition. It was to get
a Conditional Use Pennit for two or three more new homes. That petition had a proffer
that said we agree if these homes are approved to leave the remainder of the property in
agricultural zoning. We signed it. Our neighbors signed it. In fact, there is a letter in
your file, I believe from a former resident who sent it back to us attesting to that fact as
well. That's a bit of background. I just think the Commission needs to know. Whether
it's a material breach or not is arguable but it is certainly a breach of faith among the
neighborhood. The gentleman that I spoke with in the Agriculture part of the City
planning told me that per the current guidelines and I'm not an expert on zoning or things
like that or land use that type 1 soils one home per five acres and type 2, I believe it's one
per ten. If you consider the Murden acreage, 20 or so acres extend there are now six
homes on the low end of 20 acres, which either way you cut those guidelines exceeds
that. I believe it's an arguable point whether or not those three acres are even residual.
Now, lets talk about these lists. Mr. Bourdon gave a nice presentation about all of these
people who want this to happen. Let me tell you a little antidote about my going around
with the petition. Many people who are not here today are opposed to this. They are not
here today because they fear retribution. Common comment that I heard as I walked
around the neighborhood. And, I'm a new guy. I came here in 1966 for the first time. I
grew up in Iowa. I spent forty years in the Navy as I told you earlier. Common comment
was if they want it they get it. A note of resignation attached to that comment. I said,
what do you mean they? They are the power appropriates that be. Who are they?
They're farmers. I have great respect for farmers. I grew up in a farm. I also know all
about implement shops. My aunt ran one. We live in the age where UPS and online
ordering and toll free numbers and overnight delivery is a bit of reality for everybody. I
grew up new Sioux City, Iowa where ten implement computers in that City. Right now
there are none. There were ten homes in miles fÌom Sioux Center to my home in
Lebanon. There is one now. It's industria] farming. We all know about it. I recommend
that you regard all the citizens of Virginia Beach and particularly the rural area as your
customers. The customers are increasing in the rural residential set of customers.
Farming, as far as I know is leve1 or decreasing. We all pay taxes and I think we deserve
equal thoughtful consideration about the City's application of the rurals that are pretty
much subscribed in this policy document. This list that Mr. Simpson worked up has
people from Knotts Is]and to Cypress Point in Virginia Beach. Wonderful. If you said
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 12
this NAP A store is going to be next to your house or across the street, how many people
would have signed it? I can generate a list of thousand people that want a Barnes and
Noble by the Food Lion at Sandbridge Road as long as you didn't build it next to their
house. As I said earlier, I think Mr. Simpson get a new business although I've gone there
many times. I'm one of his customers. I've always been able to find a place to park.
I've always found in stock what it was I needed. So, I can summarize and I know you
want me to I think we deserve the same consideration about this issue as if this were a
proposed 7-eleven at the intersection of Harris Road and Little Neck Road in Virginia
Beach. How would you react to it then? I think you ought to look at all the customers
and not just what the farmers want. There is not one mention in this document about the
rural residential populous affected by this proposed change. Not one word. Not one. I
think Virginia Beach is grown up and it's just time for the City to act in that fashion and
make decisions that are in the best interest of all the people and use the strategic plan
vision as our guide. I thank you for your time.
Dorothy Wood: Thank you sir. Could you please show us where you live? Do you live
on West Neck?
Dan Franken: Yes.
Dorothy Wood: You can use the pointer if you like? Thank you sir.
Dan Franken: Right next to this house.
Dorothy Wood: Thank you sir.
Dan Franken: You can put a light rail down there.
Dorothy Wood: Thank you sir. Are there any other speakers? Mr. Bourdon, you have
three minutes to rebut. Mr. Horsley might have something to say.
~
Eddie Bourdon: I appreciate some of the comments. I will start out with the ridiculous
ones. Those of us who have been doing this a long time or lived here all our lives
understand what we're trying to achieve and have done a whale of a job achieving. And
some of the folks here in opposition are in good testament of that. The reference to bars,
malls, and light rail. Let's get real folks. This is the rural part of the City where our
Comprehensive Plan speaks volume about encouraging retention and expansion of
agriculture and agricultural support businesses. That is what the Simpsons have is an
agricultural support business and they are betting on are ARP working as it has worked
and is working and that we're going to retain our farming base. Hopefully, Chesapeake
will do the same thing. His business can continue to survive and he is betting on the
combine that it will naturally survive but it's going to expand. The facility that he
currently has doesn't meet any of his needs nor the parking or City standards. The
facility that we propose will do that. Our Comprehensive Plan says we want to support
agriculture. We want to support agricultural support businesses, which the Simpsons
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 13
clearly have. That's indicative by the signatures, which no one putting a gun at anyone's
head to get. In fact, people came to the business and signed and in fact there are 91
residents who signed that petition who live within a one-mile radius of this site. I don't
know how many signatures are on the opposition petition but I don't think it gets
anywhere near there. I don't think anybody put a gun to anybody's head to sign it. One
gentleman said wow, 300 homes in fourteen years. We're going to have a mall down
here. Well, guess what? That's 21 homes a year. Our Comprehensive Plan has since
1992 I believe it is 2500 plan, 2500 homes. We're not going to get there at the rate were
going for another 20 something years. There will not be any malls being built down
there. This is an excellent application. Traffic is not an issue because the traffic is going
on the same two roads today to get to the NAP A store that is there today. It's a red
herring. There may be a few more people go because the business will be a little bit
larger but all the traffic that is going to the NAP A store right there will still be going to
the NAP A store right here now.
Dorothy Wood: Thanks Eddie.
Eddie Bourdon: I know my time is up.
Dorothy Wood: Thank you very much. Is there any discussion? Questions?
Janice Anderson: I have a question of Eddie.
Dorothy Wood: I'm sorry. Mr. Bourdon, would you please answer Jan's question?
Janice Anderson: There was some concern about some noise in the quiet areas. Is there
going to be any noise coming fÌom the store?
Eddie Bourdon: It's just a part store. We're not doing repair work or anything of that
nature on the site. And, hours of operation and we're not opened late into the evening or
anything of that nature at all.
Janice Anderson: Okay.
Eddie Bourdon: Just people coming and going as you come and go at a store.
Dorothy Wood: Are there any other questions of Eddie?
Robert Miller: The people who live next door along West Neck Road, can you help me
with who those are please? Or do you know?
Eddie Bourdon: I'm sorry. I probably can get that information.
~
Dorothy Wood: The lady would like to tell you.
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 14
Robert Miller: We'll get that in a minute. The Murdens own this entire piece of land?
Eddie Bourdon: Yes. That is correct. 1 believe they are the ones who live in the two
houses.
Robert Miller: The two ofthem are shaded in that is why I was interested.
Eddie Bourdon: I believe they're family members but I wouldn't state I'm certain ofthat.
The one lady who spoke lives 1500 feet away. This isn't your community up here in the
suburban part ofthe City where you got houses on 10,000 square foot lots. The one lady
who spoke her house is close to 1500-2000 feet west fÌom this property. It's not right up
on it. These are acre or larger lots.
Dorothy Wood: Thank you. Ma'am, would you please answer Mr. Miller's question?
Robert Miller: You have to tell us who you are.
Dorothy Wood: Sir, you have to come up and tell us your name first please. Would you
please come to the mic so we can get you on record.
Ray Lobis: My name is Ray Lobis.
Dorothy Wood: Thank you Mr. Lobis.
Ray Lobos: I live at 3132 West Neck.
Dorothy Wood: We would appreciate it if you would answer Mr. Miller's question.
Robert Miller: That's fine. Thank you Mr. Lobis. That's helpful. I think the others I
understand.
Dorothy Wood: Thank you. Are there any other comments or discussion? Mr. Knight.
~
Barry Knight: Some things in here that I think we need to get directly straight. As far as
talking about the one house to five acres the one house to ten acres, some of these lots
were platted back when it was legal to go one house per one acre and one house per three
acres. That is where you may have gotten a little density. The one to five and the one to
ten has only been in effect may be ten years or so. Some of these houses are a lot older
than that. We have a Comprehensive Plan that we're willing to stick with. This
Comprehensive Plan says limited commercial down here. I read that as meaning
extremely limited commercial. As far as bars and restaurants and shopping centers down
here, I can't envision where I would ever vote for a commercial rezoning down this neck
of the woods unless it was specifically orientated to the residents down here and maybe
more specifically to the agriculture community.' It's a little bit of misnomer when you
call this NAP A Auto Parts. It almost ought be called NAP A Agriculture Supply and
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 15
Auto Parts. You can go there at lunchtime everyday when the farmers are going out for
lunch and that is when it is most crowded. They know they have some parts to get.
Farming hasn't been the greatest industry in the world in the last 15-20 years. We have
old equipment. It tends to break down a lot. Hydraulic hoses break. We need inner
tubes so we're going by here. Sometimes I know some farmers that go down here
everyday and maybe sometimes twice a day. So, when it says we have provisions for
limited commercial down here we mean very, very limited. And, this is the situation
where I think a commercial zoning is warranted and probably is needed. We have if you
get towards Nimmo, you may have a Twin Bee Auto Parts he needs to expand his
business to compete with the business like this. Ifhe's not here and he can't compete and
he truly disappears like the farm dealership did in Iowa, do you think they're going to fix
us a hydraulic hose up there? Chances are no. Chances are we're going to have to go to
Cleveland Street up in the industrial sector and time is money when we only have a
certain window of opportunity to plant and harvest our crops. It is called in the
Comprehensive Plan the Rural Service Area. Service being a key word is rural and this
provides a service to us down here. As far as the road widths down here, we just did the
Comprehensive Plan. We had the road widths. A 120-foot right-of-way fÌom Pungo
down to Pungo Ferry we got it narrowed to 100 feet. The right-of-way that we even own
some of it but on the City's book is 100 feet. That's going to take in the pavement, the
swale ditches, maybe a bike lane on the side. We don't even have room for a four-lane
road down here and put it in fashion that we need to put it in. So, the four-lane road is
out. This business is going to be for agriculture parts and auto parts but agriculture is the
key fÌamework for this. The Simpsons have been life long residents. We have three
generations that have been in the auto and the service business down here. They do
support the community. I don't even know how to stay in business they donate so much
money to different organizations down there. And as far as this intersection, it is a busy
intersection but I don't believe this intersection is possible as dangerous as where they are
now. I have been in the auto parts store in the parking lot a couple of times when
someone stops heading south to take a left on Pleasant Ridge a large dump truck will
come around the curve and wont' see him in time have to hit the brakes and either go in
the ditch or slide right through the parking lot. We have a proposal right now, to explore
putting a left hand turn lane heading south right in fÌont of the NAP A Auto Parts as one
down at Gum Bridge Road, I believe it is. There have been some accidents down here.
This is a little bit of a straighter, now quite as much as a blind curve. So, as far as the
style and the type of building down here, I agree with some of the farmers that say this is
keeping in the rural character. We don't need a brick building down here. I don't believe
that it will just look a little intrusive down here. We have 3 or 4 or 5 equestrian centers
down here that were very proud of. I think they look wonderful and this is in keeping
with the character with that. I believe that this building is in keeping with the character of
the quality and the style that we want down here to advocate the rural and agricultural
atmosphere that we now have down here. And, I'm going to be in support of this.
=-
Dorothy Wood: Thank you. Mr. Franken, I noticed that you had your hand raised. Did
you have new information? Thank you. Mr. Horsley.
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 16
Donald Horsley: Let me take my crack at some of these comments that we've heard
today. One is that I didn't know farmers had quite as much clout as we may claim to
have. But we got a lot of it I guess so we can get anything we want. But, what goes
down to it the City has provided the agricultural community an opportunity to with the
Agricultural Reserve Program as was mentioned early on. And, having a few businesses
like this. We got a few feed stores and whatever but other than that we don't have any
agriculture supply businesses in this area anymore. It was mentioned and I think Mr.
William's letter kind of states it pretty clear that we got to go a minimum of 50 miles to
get most of our parts and whatever. So, we need something. I mean if the City wants to
maintain the viable agricultural industry we need some support services here. I think this
is definitely one of them that we need to keep and to help them expand if we can.
Location? Location? People can argue that there are better locations. Preferably, I
would prefer to have it closer to Blackwater Steve, if we can get it there but I don't think
that's the case. We won't be able to get it there. But he is established in this area and
he's found a piece of property that's available and I think we got to consider that. 1 don't
feel like this is going to develop into a major retail center. This is strictly a community
business, an agriculture community. Ijust do not see it. We got a plan, as we mentioned
to a 2500 plan that's been in affect for several years and that 2500 plan is a little bit out
dated now because that has been reduced to the property that has gone into agricultural
reserve program. Every time you retire some property into that program that density
comes off this total. So, I think now we're probably and correct me if I'm wrong,! think
were down in the 1800 plan right now, something like that. I don't think a lot ofthese
traffic problems that are created on Princess Anne Road are necessarily created by
Virginia Beach people, our neighbors in North Carolina have contributed a lot to the
congestion on Princess Anne Road and I think many of you can attest to that. The road
traffic problems, you know as Barry mentioned the Agricultural Advisory Commission
stays up on issues that they think are important in the City and Barry mentioned that one
night at one of our meetings about some of these dangerous intersections. And, he's
right. They are already in the plans to make some changes for turn lanes and whatever at
some of these major intersections. And, this West Neck could be very well added to that
if the need seems to be there. And, I respect Mr. Waller comments on the building. But
if you ride through the rural end of the City even on our farm at home we have two metal
buildings that are very similar in color to this building. That is just something you see.
You got horse facilities. You got farm buildings. That's the most logical thing to build
in the rural end of the City and in the farming community. So, they've done a lot of work
with landscaping. They put the brick face at the base of the building. I think they've
done an outstanding job with this plan. I respect the people who are in opposition. May
be we would feel different if it was in our backyard or whatever but I think the Simpsons
have proved to be good neighbors. Good citizens. I think they will do everything they
can to please their neighbors and try to make their business not interfere with their
livelihoods. So, with that whenever you're ready for a motion, I'm ready for one.
Dorothy Wood: Is there any other discussion? Mr. Crabtree.
-
Eugene Crabtree: Just words. I'm going to support Don and Barry in this. I grew up on
a farm community. I lived there until I left home many years ago. I found out that if it's
Item #9 & JO
Pleasant Ridge Auto Parts, Inc.
Page 17
the old school, if you're in Rome you do as the Romans do. If you're going to move into
the farm community you got to do was the farmers do. It is a rural community. It is a
farm community. If you chose to move and relocate and live there you have to put up
with the things that go with it. This is a business that is designed for the farmers. The
farmers are going to use it. There's no more traffic that is going to go to the new store
than currently goes to the old store. So, the thing of traffic just doesn't fly. The hours of
operation is going to be during the daytime. It's not going to disturb anybody's rest or
peace or whatever I do not believe. And, therefore since it is for the farmers, it's
something that they need that they got to have. And, if we don't do it and if we don't put
it down there, pretty soon we're not going to have the farmers because they can't afford
to go someplace else and lose the time to get parts off their equipment and to do things
and to farm. We're not going to have any farmers. And if we don't have any farmers
we're not going to eat.
Dorothy Wood: Thank you Gene.
Eugene Crabtree: So in that case, I'm going to be for it.
Dorothy Wood: Thank you. Mr. Miller.
Robert Miller: I'm not going to make a long speech. I think the question that Mr.
Franken asked of strategic thinking and so forth is one of the paradoxes of this
conversation is that the stakeholders come forward and listen to all the stakeholders and
we still have to make a decision. And, the decision we made is basically outlined in the
Comprehensive Plan as you pointed out. I feel like the Comprehensive Plan kind of sets
of the paradoxes that we called this Agricultural Area and Agricultural Reserve Area and
then we said yes, we want additional folks to live down there, 2500 plan. And, then we
come back now and find each other kind of going at the issue from two different
directions. One of is perceived quality oflife from an agricultural point of view and the
other is certain a perceived quality oflife fÌom a pure residential point of view. And the
balance of that is very difficult to meet but I think the outline that we set in place to start
with and it says agricultural fÌom the gecko is that we want to make sure and provide for
the needs ofthat community and that community has a need that's not being able to be
met at its current configuration. So, I'm going to be in support of this application.
Dorothy Wood: Mr. Waller.
~
John Waller: I am and after listening to the opposition, I'm still don't think it's too bad
an idea to go ahead and rezone it. I'm not against the rezoning. It's inevitable that comer
is going to be a major intersection in a couple of years and my probJem is that it should
be and make is whole lot easier for everybody down there if you have a well designed
buildings and the buildings to come after this. It needs a little better architecturaI design
to improve it and it would make it a whole lot easier for all you people who live down
there but I'm going to oppose it not because I'm opposed to the rezoning but I'm opposed
to the style of building. It just sort of sets a precedent to go down there.
Item #9 & 10
Pleasant Ridge Auto Parts, Inc.
Page 18
Dorothy Wood: Thank you. Is there anyone else? Mr. Horsley, we're ready for your
motion please.
Donald Horsley: Unless Barry wants to make it. I'm prepared to make a motion that we
approve the application, Item #9 & 10.
Barry Knight: I'll second it.
Dorothy Wood: A motion by Don Horsley, seconded by Barry Knight to approve Item
#9 & 10. How do we do this?
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 1
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
NAY
AYE
Ed Weeden: By a vote 10-1, Items #9 & 10 has been approved.
Dorothy Wood: This is just a recommendation. I know that people who oppose, I just
want to make sure that you realize that we are only recommending to City Council and
you will have an opportunity to go to City Council and present your side, and thank you
all for coming today. We do appreciate it.
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THIS IS A PETITION FOR THE RELOCATION OF PLEASAN';' RlDGE AUTO
PARTS; TO THE LOCA nON OF WEST NECK AND PRINCESS ANNE ROADS,
WE ARE REQUESTING A ZONfNG CHANGE FOR THAT PROPERTY FRerv! THE
CITY
NAME
ADDRESS
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THIS IS A PETITION FOR THE RELOCATION OF PLEASANT IUDGE AUTO
P ARTS; TO TIlE LOCA Tl0N OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARC REQUESTING A ZONING CHANGE FOR THA r PROPERTY FRO:\.j THF
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THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY.
NAME
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THIS IS A PEnnON FOR THE RELOCATION OF PLEASANT RIDGE AUTO
P ARTS; TO THE LOCAT1ON OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO1\'1 THE
CITY.
NAME
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HIlS JS A PETITION FOR THE RELOCAT10N OF PU:'ASANT RJDGE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS
WE ARE REQUESTfNCr A ZON1NG CHANGE FOR THAT PROPERTY FRŒ\"1 THE
CITY.
NAME ADDRESS
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TillS IS A PETITION FOR THE RELOCATION OF PLEASANT RlDGE AUTO
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WE ARE REOLJESTING A ZONING CHANGE FOR THAT PROPERTY FROJv! THE
CITY.
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THIS IS A PETITiON FOR THE RELOCATION OF PLEASANT RIDGE AUTO
PARTS: TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTINQ A ZONING CHANGE FOR THAT PROPERTY FRO!'.I THE
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WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY.
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THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO
P ARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY.
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nus IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO
PARTS; TO THE LOCAT]ÜN OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO!vl TI-IE
CITY.
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PARTS; TO THE LOCATION OF WEST NECK AND PRlNCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAr PROPERTY FROM THE
CITY.
NAME
ADDRESS
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THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RJDeiE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO!'., THF
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NAME
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THIS IS A PETITION FOR THE RELOCATION or PL,EASANT RIDGE AUTO
PARTS; TO THE LOCATION OF WES'T NECK AND PRINCESS ANNE ROADS,
\VE ARE REQUESTING A ZONING CHANGE FOR THAT' PROPERTY FROJ\.'¡ THE
CITY.
NAME
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THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO
P ARTS; TO THE LOCATiON or WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTINÜ A ZONING CHANGE FOR THAT PROPERTY FROT,,1 THE
CITY.
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P ARTS; TO TilE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
\VE ARE REQUESTfNG A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY.
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WE ARE REQUESTING A Z()NING CHANGE FOR THAT PROPERTY FRO!\'I THE
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WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO]v! THE
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P ARTS; TO TI IE LOCATION OF WEST NECK AND PlUNCESS ANNE ROADS
WE ARE REQUESTINCi A ZOND\iG CHANGE FOR THAT PROPERTY FRŒv1 THE
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TlIIS IS A PETlT1ON FOR THE RELOCATION OF PLEASANT RIDGE AUTO
PARTS; TO THE LOCATJON OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTfNCi A ZONING CHANGE FOR THAT PROPERTY FROI\'¡ THE
ClTY.
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P ARTS; TO TIlE LOCATION OF WEST NECK AND PRINCESS ANNE KOADS
WE ARE REQUESTfNG A Z()NING CHANGE FOR THAT PROPERlY FRO:\'I THE
CITY.
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WE ARE REQUESTfNej A ZONING CHANGE FOR THAT PROPERTY FRO,,-! THE
CITY.
NAME
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i' ARTS; TO THE LOCAT]ON OF WEST NECK AND PRINCESS ANNE ROADS
,VE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRO?\'i THE
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TillS IS A PETITION FOR THE RELOCATION OF PLEASANT RlDGE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY.
NAME
ADDRESS
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TIllS IS A PETITION FOR THE RELOCAT10N OF PLEASANT RlDGE AUTO
¡'ARTS; TO THE LOCATION OF WEST NECK AND PRJNCESS ANNE RO.A.DS
WE ARE REQUESTING A Z()NING CHi\NGE FOR THAT PROPERTY FRŒvl THE
CITY.
ADDRESS
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THlS]S A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
WE þ\RE REQUESTING /\ Z()NING CHANGE FOR THAT PROPERTY FRO!\'1 THE
CITY.
NAME
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THIS IS A PETITION FOR II-IE RELOCATION OF PLEASANT RlDGE AUTO
PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS,
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRorvl THE
CITY,
NAME
ADDRESS
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WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FRo!v! THE
CITY.
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:0: LOCATION OF WEST NECK AND PRINCESS ANNE ROADS.
IESTfNG A ZONING CHANGE FOR THAT PROPERTY FROi\-j THE
ADDRESS
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THIS IS A PETITION FOR THE RELOC A TION OF PLEASANT RlDGE AUTO
PARTS; TO THE LOCA nON OF WEST NECK AND PRINCESS ANNE ROADS.
WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE
CITY,
NAME
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Mr. and Mrs. Raymond E. Lobus
4132 West Neck Rd.
Virginia Beach, Va. 23456
Current Planning Division
Municipal Center
Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, Va. 23456-9040
Re:Pleasant Ridge Auto Parts, Inc.
(K 16-210-CRZ-2004)
J- '&'4YJ
9
Dear Planning Commission Members:
When I bought this lot four years ago from Wayne Murden, he told me that the surrounding properties were
zoned agricultural and would remain as such. This was one ofthe major reasons for my purchase. I did not
want to be in a city environment, with all the negatives associated with that. Now, he is attempting to
change the conditions, with all the negative impacts associated with that. He gets the money and we are left
with the traffic, business next to our properties, etc.
I've invested much of what I have, being retired, in this home. The city of Virginia Beach is enjoying the
increased real estate taxes from that investment.
I feel that the city would be breaking faith with us if they approve this rezoning request
Please do not approve this petition.
Sincerely yours,
Mr. & Mrs. Raymond Lobus
"~f~
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=
April?,20O4
Mr. Robert Scott
Director, Platming Department
Municipal Center - Bldg 2
2405 Courthouse Dr.
Virginia Beach V A 23456
Dear Mr. Scott,
On behalf of many residents of the Pleasant Ridge community, I submit the
attached letter of petition. Tlús letter expresses our individual and collective
opposition to an ongoing action whereby the NW corner of the intersection
of West Neck and Princess Anne Road is proposed to be rezoned ftom
Agricultural to Commercial. Essentially all nearby residents whose quality
of life and residential property values would be affected by the proposed
rezoning have expressed their flI1Il opposition. Nearby residents not on the
list were either not able to be contacted, or, some have equities in the
commercial development prospect(s). I request that you distribute copies of
the petition letter (four pages) to each member of the planning commission
and each member of Va. Beach city council.
Also attached is an originalletter ftom a former resident, attesting to the 1àct
that their family, mine, and others, were approached during or about 1998,
by the landowner(s) of the property in question. In that action, the
landowner sought and received neighborhood signatures on his petition to
"develop two or three" additional properties on his acreage. The "quid pro
quo," as I and others recall, was that "the remainder ofhis properties would
"remain in agricultural zoning/use." That same property is now being
proposed for three acres of Commercial zoning. I have sought to find some
evidence of this "proffer" to no avail. Whether or not it was used to achieve
the development approVal is not clear. Inexplicably, no record of it exists. I
request that you make the attached letter also a part of the official record.
I would appreciate your informing me of the schedule and key milestones
for the proposed rezoning hearings. I further ask that you make available,
copies of the application for the rezoning, as well all comments by the
various agencies who review such actions. Please extend our thanks to Ms.
Karen Prochilo for her most professional support throughout this process.
She certainly exemplifies the ideal public employee. Thank you in advance.
=
Sincertrt. -
. ¡; 'A-----. ¡J
:.,¡¡' c-- ,~"-
Daniel Franken, CAPT, USN (Ret)
LETTER OF PETITION
TO
VIRGINIA BEACH CITY COUNCIL
AND
PLANNING COMMISSION
The undersigned citizens of Virginia Beach and residents ofthe Pleasant
Ridge area hereby express our utmost opposition to a request for zoning
change that would permit the construction of a NAP A auto parts store on the
NW corner of the intersection of Princess Anne and West Neck Roads.
There are nwnerous reasons for our opposition. foremost being that such an
enterprise will have a negative impact on the rural residential environment
that each ofus seek and is why we live here. Second, locating a new, larger
store at this critically busy rural intersection of West Neck and Princess
Anne Roads will exacerbate already intense traffic density, further decrease
safe travel, and worsen the area's quality oflife. Third, we believe that a
zoning change from Agricultural to Commercial will eventually pave the
way to an unstopping rationale for further commercial development at a key
nexus of roadways and country homes. Other critical points:
The proposed rezoning is in conflict with the newest Virginia Beach
Comprehensive Plan (dated Dec 2003) in nearly every respect. For instance,
the Plan's policy guidance for the rural area of the city states: "protect rural
character and existing scenic views ...franchise retail, office parks or
shopping centers are not to be encouraged... create non-residential
development at key crossroads to encourage community interaction of
people, not vehicles... commercial retail development should be located in
existing defined rural commercial centers, such as Creeds and Blackwater,
for supporting the local rural community in lieu of strip shopping center
development. "
Regarding Residential Development, Guidelines call for:
"Rural settlement patterns reinforce pastoral ways of life ... immediate views
along the main rural roads are of pasturelands, croplands ...located at a
distance off the road are farm homes, barns, silos, and other outbuildings."
=
The Rural Area (all city area south ofIndian River Road) is
designated a Special Area per the Comprehensive Plan. As such, limited low
density residential development, and no additional requirement for
()(
infrastructure is called for in the plan - with preservation of the rural
character having prominence. It is for this very reason that so many
residents ofthis Special Rural Area chose to invest in homes and acreages to
live here. The erection of a new commercial activity (in an area that is,
arguably, already too densely developed) within a very close distance
(hundreds of feet and hundreds of yards) to no less than fifteen homes is
unacceptable. Approval for such a rezoning and commercial development
would certainly violate both the letter and intent ofthe Comprehensive Plan.
When the impact on traffic safety, noise, overall environment and other
factors are considered, the proposal appears completely incongruous to the
neighborhood and public good at large. Said another way, the residents of
this area have delibemtely invested in half-million dollar homes, and don't
expect nor desire an auto parts store plunked within their midst. The current
NAPA store appears to serve the area completely satisfactorily and is a part
of the accepted landscape. There are dozens of businesses located in
appropriate commercial nodes that offer sllnilar or like products to that of
the NAPA store - all within relatively short distances. We, like most
families who chose to live in country, expect and desire to purchase
consumer products at establishments in commercial sectors of the city - that
is whv we live here.
The subject rezoning request presents a test of the city's commitment to its
policy and vision - its Comprehensive Plan. In so doing, it will explore
what is in the best interests of the citizens. The signers of this petition have
made strategic decisions for our families and futw"es by choosing to live
here, and we rely on the words and commitments of our public officials and
elected representatives. We have dedicated a large amount of personal
resources to invest in rural homes and enjoy a unique quality of life.
In advance, we thank the employees who serve the city of Virginia Beach
staff, members of the Planning Commission, and City Council for their
integrity, vision, and commitment to our great city.
=
NAME & ADDRESS SIGNATURE DATE
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MEliNDA
KICKliGHTER
..
2415 Elko Road
Elko, GA 31025-2177
March 30, 2004
To Whom lt May Concern:
I was asked by former neighbors from the Pleasant Ridge area to recall
events of about 1998, wherein the Murden family sought to helVe permis-
sion to build two or three additional homes on the MUTden acreage bor-
dered by West Neck and Princess Anne Road. let it be known, thClt 1 signed
the Murden's petition. The "Proffer", as said by them, contained their pro-
posal, that the remainder of their agricultural zoned property would remain
in agricultural use.
Sincerely,
'fYW-~ ~ L",. ~ it ¡dïtz;J
Melinda G. Kicklighter,~~Y resident
41 77 West Neck Road
Virginia Beach, VA 23456
=
Ptlone:
478-988-8045
Ema.l:
C 1Aeenpunç¡o@msn.
com
Zonina Historv
I ACTION
Granted
Granted
1#1 DATE ¡REQUEST
1 12/19/88 Zoning change Ag-2 to B-2
2 08/14/90 Conditional Use Permit - Cellular Tower
3 07/07/92 Conditional Use Permit - Single family and horse
boarding
4 10/14/03 Conditional Use Permit - Museum and art gallery
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HAC Properties, LLC. - Change of Zoning District Classification (AG-2
Agricultural District to Conditional B-2 Community Business District) and a
Conditional Use Permit (self storage facility)
MEETING DATE: June 22, 2004
.
Background:
(a)
An Ordinance upon Application of HAC Properties, L.LC. for a Chanae of
Zonina District Classification from AG-2 Agricultural District to Conditional
B-2 Community Business District on property located at 1771 Princess
Anne Road (GPINS 24039195630000; 24039176520000). The
Comprehensive Plan identifies this site as being within the Rural Area.
DISTRICT 7 - PRINCESS ANNE
(b)
An Ordinance upon Application of HAC Properties, LLC. for a Conditional
Use Permit for a self storage facility on property located at 1771 Princess
Anne Road (GPINS 24039195630000; 24039176520000). DISTRICT 7 -
PRINCESS ANNE
.
Considerations:
It is the intent of the applicant to conditionally rezone a 3.34 acre parcel from AG-
2 Agricultural to B-2. This parcel is located behind property already zoned B-2.
The applicant is also applying for a Conditional Use Permit for a mini-warehouse
facility in conjunction with an office-warehouse and mini-storage facility.
Access to the site is from Princess Anne Road along a drive aisle that runs back
to the main portion of the site. The southern portion of the site is proposed for
office-warehouse structures, consisting of 1,880 square feet of office space and
8,820 square feet of warehouse storage. The site plan shows seven such units,
each with 240 square feet of office and 1,260 square feet of warehouse storage.
The northern portion is proposed for mini-warehouse structures and is gated off
from the office-warehouse portion. The submitted plan indicates there will be
15,500 square feet of mini-warehouse space. Parking is provided for 30 vehicles,
meeting the requirements of the City Zoning Ordinance.
The use is proposed to be located on a parcel within Pungo, the largest of the
existing commercial and service nodes in the Rural Area. It should be noted,
however, that this node has been identified for a special planning study through
HAC, L.L.C.
Page 2 of 3
an advisory committee report for the Transition Area as well as the "Agenda for
Future Action" within the Comprehensive Plan. The uniqueness and potential of
Pungo must be factored into the design of any proposed use for this crossroads.
In lieu of having a special plan in place for Pungo at the present time, adherence
to the Plan's Rural Development Guidelines for Non-Residential Uses is critical.
The proffered plan indicates that there will be no encroachment into the
floodplain. The plan also shows the location of a stormwater management facility
and a septic tank field. However, Planning Department Staff, as well as the
Agriculture Department, remain concerned that there will be significant issues for
the applicant to address during development plan review regarding water and
sewer provision and site drainage.
The Comprehensive Plan notes "development in rural commercial centers can
include locally oriented retail, service and community uses scaled to be
compatible with the character of the rural landscape," (p. 170). The proposed use
could potentiallv provide a service to the surrounding rural and semi-rural
(Transition Area) areas. However, Staff concluded that the building design and
overall site layout as submitted was not consistent with the Plan's
recommendation that the uses be 'scaled to be compatible with the character of
the rural landscape.'
The architectural design of the building, while using a quality exterior building
material, lacks details that can ensure an excellent contribution to the overall
character of the Rural Area. The design of the buildings submitted for the
Planning Commission hearing was simple, utilitarian rectangular masses with a
gable roof. Exterior materials were brick on the fronts facing Princess Anne Road
and metal on the rear and portions of the sides. Small cupolas were placed on
the center of the gable roofs. The buildings had no architectural detail (beside the
cupolas) and lacked any vertical or horizontal articulation to the facades. As
noted above, the appearance is strictly utilitarian. The Planning Commission
directed the applicant to work with Staff to improve the appearance of the
building. The Staff and the applicant continue to work on the elevations of
the building. It is doubtful that a final design will be available prior to the
City Council hearing. Staff, therefore, recommends a deferral of this item to
allow time for the design to be finalized.
Staff recommended denial. There was opposition to the requests.
.
Recommendations:
Staff recommends deferral for the reason indicated above.
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
.
Attachments:
Staff Review
HAC, L.L.C.
Page 3 of 3
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends deferral.
Submitting Department/Agency: Planning Department~.---
City Manager~:) k-,~
K14-211-CRZ-2004
HAC PROPERTIES, LLC
Agenda Items # 16 & # 17
May 12, 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:
GPIN:
COUNCIL
ELECTION
Location and General Information
(16) Chanae of Zonina District Classification from AG-2 Agricultural
District to Conditional B-2 Business District.
(17) Conditional Use Permit for Self Storage Facility
Property located on
Princess Anne Road,
approximately 970
feet southwest of
Indian River Road.
.:":~ f.-It". HAC eme, L.L.C.
A...G......-21_"'"""~,, .'-"--. _-i,jnc"'i¡:;.~~~...~U'þ..n..'.c......;. B..di '..! I?;r
..~\ \:" f '-~." ,-...-~/:~' o. (
Cffi';-¡-- \', \r~A:-- " ..,'<"I'/f"._-q~,
IJ O,!"'. \1i...Ji~G-2~-'.~~'-."'..:....'..'._.'.".'.,-,1..'-. .(
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~ ;', ,t? ,.! of
-~r-2"c.1\-=-k.ir--T~f ,_W
. '" r'~S' - .
24039195630000;24039164980000
HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
Page 1
DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3.34 acres
EXISTING
LAND USE:
The property is zoned AG-2 Agricultural District.
East:
. Farm field, and single-family residential, gas station
/ AG-2 Agricultural District
. Farm field, and single-family residential / AG-2
Agricultural District
. Princess Anne Road, offices and retail / B-2
Business District
. Property owned by City of Virginia Beach (Mounted
Police Facility) / AG-1 and AG-2 Agricultural
Districts
SURROUNDING
LAND USE AND North:
ZONING:
South:
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
Portions of this property are situated in the Southern Watershed
Management Area. Additionally, a portion of this parcel may be within
the 1 DO-year floodplain.
AICUZ:
The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana
and NALF Fentress.
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.
. Located within the Pungo Center Area, which has been identified in the
Comprehensive Plan's "Agenda for Future Action" for a special planning initiative.
. Portions of this parcel may be within the 1 DO-year floodplain and affected by the
Site Plan Ordinance provisions for floodplains subject to special restrictions.
HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
Page 2
The Comprehensive Plan recognizes this property to be part of the Rural Service Area,
which has a limited ability to adequately accommodate more than minimum levels of
growth and change. One measure in the strategy to restrain urban growth in this area is
to retain the rural character of the southern area south of Indian River Road. Direction
within the General Strategy chapter calls for careful adherence to our rural preservation
policies, which are located within the Rural Area chapter.
The Rural Preservation Plan objectives combined with the rural development guidelines
assist in channeling the growth into carefully chosen areas capable of absorbing it.
The Comprehensive Plan has the Pungo Center Study listed as an initiative of the
Agenda for Future Action. The subject site likely would be within a radius for the study.
It is the intent of the applicant to conditionally rezone a 3.34 acre parcel from AG-2
Agricultural to B-2. This parcel is located behind property already zoned B-2. The
applicant is also applying for a Conditional Use Permit for a mini warehouse facility in
conjunction with an office-warehouse and mini-storage facility.
Access to the site is from Princess Anne Road along a drive aisle that runs back to the
main portion of the site. The southern portion of the site is proposed for office-
warehouse structures, consisting of 1,880 square feet of office space and 8,820 square
feet of warehouse storage. The site plan shows seven such units, each with 240 square
feet of office and 1,260 square feet of warehouse storage. The northern portion is
proposed for mini-warehouse structures and is gated off from the office-warehouse
portion. The submitted plan indicates there will be 15,500 square feet of mini-
warehouse space. Parking is provided for 30 vehicles, meeting the requirements of the
City Zoning Ordinance.
HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
Page 3
The buildings are simple, utilitarian rectangular masses with a gable roof. Exterior
materials are brick on the fronts facing Princess Anne Road and metal on the rear and
portions of the sides. Small cupolas are placed on the center of the gable roofs. The
buildings have no architectural detail (beside the cupolas) and lack any vertical or
horizontal articulation to the facades. As noted above, the appearance is strictly
utilitarian.
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§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
When the Property is developed, it shall be developed
substantially as shown on the exhibit entitled
"PRELIMINARY LAYOUT PUNGO COMMERCE
CENTER", prepared by Mel Smith & Associates, dated 4-
11-2004, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Site Plan").
When the property is developed, the buildings depicted on
the Site Plan will have the architectural design and will
utilize the building materials substantially as depicted and
designated on the exhibit entitled "PROPOSED
ELEVATIONS FOR PUNGO COMMERCE CENTER"
prepared by Mel Smith & Associates, dated 4-11-2004,
which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department
of Planning (hereinafter referred to as the "Elevation
Plans")
When the Property is developed, only the following uses
will be permitted:
HAC PROPERTIES, L.L.C.
Agenda Item # 16 &# 17
Page 4
a) Business Studios, offices and clinics;
b) Mini-warehouses;
c) Repair and sales for radio and television and other
household appliances and small business
machines.
PROFFER # 4
All outdoor lighting shall be shielded, deflected, shaded
and focused to direct light down onto premises and away
from adjoining property.
PROFFER # 5
Further conditions may be required by the Grantee during
detailed Site Plan review and administration of applicable
City codes by all cognizant City agencies and departments
to meet all applicable City code requirements.
Staff Evaluation of The above proffers are acceptable however the proffer
Proffers: agreement does not adequately address all concerns as
identified in the staff evaluation.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated April 26, 2004, and found it to be legally
sufficient and in acceptable legal form.
Staff Evaluation
Staff cannot recommend approval of this request. Staffs evaluation of this request
reveals the proposal, through the submitted materials and the proffers, does not
adequately address each of the 'Major Issues' identified at the beginning of this report.
(1) The Comprehensive Plan notes "development in rural commercial centers can
include locally oriented retail, service and community uses scaled to be
compatible with the character of the rural landscape," (p. 170). The proposed use
could potentially provide a service to the surrounding rural and semi-rural
(Transition Area) areas. However, Staff does not believe the building design and
overall site layout as submitted is consistent with the Plan's recommendation that
the uses be 'scaled to be compatible with the character of the rural landscape.'
HAC PROPERTIES, LLC.
Agenda Item # 16 & # 17
Page 5
(2) The use is proposed to be located on a parcel within Pungo, the largest of the
existing commercial and service nodes in the Rural Area. This also is consistent
with the recommendations of the Comprehensive Plan. It should be noted,
however, that this node has been identified for a special planning study through
an advisory committee report for the Transition Area as well as the "Agenda for
Future Action" within the Comprehensive Plan. The uniqueness and potential of
Pungo must be factored into the design of any proposed use for this crossroads.
In lieu of having a special plan in place for Pungo at the present time, adherence
to the Plan's Rural Development Guidelines for Non-Residential Uses is critical.
Staff does not believe that the submitted plan adheres to those guidelines.
(3) The proffered plan indicates that there will be no encroachment into the
floodplain. The plan also shows the location of a stormwater management facility
and a septic tank field. However, Planning Department Staff, as well as the
Agriculture Department, remain concerned that there will be significant issues for
the applicant to address during development plan review regarding water and
sewer provision and site drainage. Staff suggests that these issues be resolved
to the greatest extent possible before consideration of action by the Planning
Commission.
(4) The architectural design of the building, while using a quality exterior building
material, lacks details that can ensure an excellent contribution to the overall
character of the Rural Area, as recommended by the Comprehensive Plan. The
building is truly a brick warehouse with a gable roof and an ill-proportioned
cupola detail. There are modifications to the design that can be instituted to
achieve the goal that the Comprehensive Plan strives for.
Based on the above, Staff cannot recommend approval of these requests. Staff's desire
is to continue to work with the applicant to address the areas of concern outlined above.
However, the applicant expressed no equal desire to cooperate with Staff in this regard
and requested that these applications move forward "as is."
Staff, therefore, recommends denial of the requests for a Conditional Change of Zoning
and a Conditional Use Permit.
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 al/
applicable CiW Codes.
HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
Page 6
"'w~
"'>"" " " "'"""H_WC""",mrC
Supplemental Information
Zonina History
Map K-14
Mð Not to SOð!.
{9
A¡-2
f2
a
"~
(/0
~"
/~
/ ,
o AG-I
I#IDATE IREQUEST
1 12/19/88 Zoning change Ag-2 to B-2
2 08/14/90 Conditional Use Permit - Cellular Tower
3 07/07/92 Conditional Use Permit - Single family and horse
boarding
4 10/14/03 Conditional Use Permit - Museum and art gallery
I ACTION
Granted
Granted
Granted
Granted
HAC PROPERTIES, LLC.
Agenda Item # 16 & # 17
Page 7
Public Aaencv Comments
Public Works
Master Transportation
Plan (MTP):
Princess Anne road in the vicinity of this application is
considered a two lane minor arterial.
The Master Transportation Plan map indicates that
Princess Anne Road is planned for an undivided 100
feet right of way. A right-of-way reservation or
dedication mav be required bv Public Works.
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Caoacitv
Existing Land Use r
Princess Anne 8.088 13,600 - 34 ADT
Road ADT' ADT' Proposed Land
Use 3 - 79 ADT
Average Dally Tnps
2 as defined by AG-2
3 as defined by B-2
Stormwater:
An adequate stormwater discharge outfall will need to be
provided with the project in addition to an adequate offsite
receiving drainage system will need to be identified.
The property needs to be reviewed to determine the
potential Presence of jurisdictictional nontidal wetlands.
Public Utilities
City sewer and water are not available. The proposed project will require approval
for water supply(s) and wastewater system(s) from the Virginia Department of
Health. This proposal must take into account the water supplies and sewerage
disposal system(s) that are serving the existing business surrounding this
proposal.
HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
Page 8
Agriculture
Aqriculture:
The site has drainage issues, and with the increase in
impervious surface, the issues will only be compounded.
The development of this site may adversely affect the
drainage or septic systems of adjacent properties. All
reasonable efforts should be made to prevent drainage
and/or health problems.
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.
Fire and Rescue:
Fire lanes may be required.
The storage units (mini-warehouse) shall be used only for
storaqe of non-hazardous qoods.
HAC PROPERTIES. L.L.C.
Agenda Item # 16 & # 17
Page 9
;
Ian
Exhibit A
Aerial of Site
Location
HAC PROPERTIES, L.L.C.
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HAC PROPERTIES, LLC.
Agenda Item # 16 & # 17
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HAC PROPERTIES, L.L.C.
Agenda Item # 16 & # 17
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enlilies: Ihere Me common or commingled lunds or assels; 1M business .nlil,es ,ham
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personnel on a regular basis: or Ihere i. othelWlse a close wor1<ing relalioosl'ip
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CERTIFICATION: I certify Ihal Ihe informatinn cnnlained h.rein is ""e and aæ"ral.
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Item #16 & 17
HAC Properties, LLC.
Page 2
=
storage use. It is not on Princess Anne Road other than the access to Princess Anne
Road. The use as you heard discussed this morning and as the staff has pointed in their
write-up, it isn't so much the use that has caused them some concern it is the appearance
of the exterior of these buildings. There was some concern about because we do have the
backside of the property, west side of the property, the flood plain areas that are not
developable. There was some concern on whether the development went into those
areas. First of all, that issue is a site plan issue, above all others and secondly, what you
see and what you have before you does not encroach into those areas according to our
environmental expert, which is what has been provided to you. If that were and again,
hypothetically not suggesting that there is any error there, if that was however to be an
error in anyway, all that would take place is that the facility, which is not particularly
large to be going with would be made smaller. The appearance wouldn't change. The
nature of the use wouldn't change. The second issue that was eluded too was septic tank
draining field. Again, that has been provided for on the site as well as being
appeasements provided for on the site. But when you get to the Health Department
review, which is down the road and not at the fÌont end it is certainly possible that some
of the units, some of the parking and they all go hand in hand might not be there because
we may need more of the area set aside for septic draining field than we currently have.
Then again, we don't believe that to be the case at all. But that's the nature of any
application when you're not dealing with city water, city sewer when you get the actual
develop your plans the plans may change. As an example of that there is a subdivision at
Pungo Ferry Road and Princess Anne Road that a Use Permit was approved over two
years ago. We're finally getting the subdivision plat recorded because of all the
requirements and all of the hoops that we have to jump through. So, the point of the site
issues we're quite confident that this is what the site will look like but it is certainly
possible that it maybe somewhat smaller. It won't be any larger. Okay. But again, the
Use as the staffhas indicated when it's a back lot use. It's not out on the road. It's at the
south end of the Pungo commercial area if you will. I think it is an appropriate use for
this piece of property and it's one that there is a need for and there's one there is a market
for. The only other storage facility that I am aware of south of Indian River Road at
Creeds, which was just approved and constructed and is already full. It's not a very large
one but it is full. So, there is a need and a demand in the market for them. These aren't
people up in the north end driving down to Creeds to put their stuff in a small storage
locker. So, I don't think the Use has been before and frankly should be an issue.
Question that staff has concerns about is the architecture of the building. And, while we
certainly believe that it is an attractive building. This is a rendering that was done of the
building as originally proposed and we passed out this morning. There are some
revisions to this. It's a brick building. It's all brick. And, we have added windows to the
building that weren't shown originally. Again, on the office warehouse, the mini-storage
over here, we've added windows. We also added a water course brick like this building
we are in today has the Georgian style building with bricks at the low level that come out
fÌom the foundation. We've also added shoulder course arches over the doors on the
building to dress up the building. But I would suggest to you that when you look at the
buildings in Pungo that are there today and you look at what is being proposed here off of
the road, behind other buildings and with very limited visibility. I know the word
Item #16 & 17
HAC Properties, L.L.c.
Page 3
"utilitarian" has been said a bunch of times this morning. I fÌankly think the buildings
are attractive. I think even the use of the building are not retail outlets. They're not
Courthouse Marketplaces. These aren't stores. I think they are attractive buildings.
Now granted the back ofthe buildings are metal but they face woods and flood plain. It's
an area that is never going to be developed. It can't be developed. Again, this rendering
does not show the improvements that were shown on the elevations that we passed out
this morning that my client will gladly, gladly make. We've made those upgrades after
we viewed the staffs comments. We did not receive any feedback ahead of time in terms
of what was being requested but the elevations that we submitted should have been
submitted earlier in the process and I also thing we should have gotten some feedback a
little earlier in the process but it's not a situation where the staff is the blame for this. I'm
not suggesting that anyway they are the blame for it. We believe that it is a very
attractive building as shown and even more so with the changes that we made. The other
discussion that I heard is about the future action plan for Pungo or the Pungo plan. As a
member of the land use subcommittee on vision, we've been suggesting that for quite
some time. Weare in agreement with it. But when you look at it and you look where
this property is located, I can't conceive of anything else that is more appropriate for this
piece of property at the south end of Pungo where water and sewer are not available. It's
not going to be Ghent down here folks. And, the Culpepper's are not leaving this area.
They have a stake here and have for 31 years. We hope that you will agree that it's an
appropriate land use and that the plans are attractive and will not be a detriment to the
character of the area.
Dorothy Wood: Thank you Mr. Bourdon.
Joseph Strange: Speaking in support is Al Henley.
Al Henley: Thank you again for allowing me come before you today. For the record, my
name is Al Henley. I am a life long resident to the Back Bay/Pungo area. Correct me if
I'm wrong Eddie, the commercial property is in front of this proposed property, aren't
they all zoned B-2? I come here before once again to support this application. I really
can't think of a better application. The property the way it is situated is kindly unusual.
It reminds me of a large flag lot if you will. But, ideally the way the elevation
topographically of the land is, it goes down slightly in the rear. You can't visual see it
from Princess Anne Road if you're really looking. Obviously, you will see the roof and
copula is on the top. The rest of the buildings or the actual proposed building would be
obscured by the existing businesses that have been there for many years at Pungo. I think
they have done an excellent job in upgrading the facility fÌom the original application. I
think the color is and the brick is an upscale compared to what we could have there. But,
once again not to labor the time and everyone's effort here I am totally in support of it. I
spoke to many people who live in Pungo that have been there for generations. They are
also in support of this. I think it's a good thing.
=
Dorothy Wood: Thanks for Mr. Henley.
Item #16 & 17
HAC Properties, LLC.
Page 4
Al Henley: Thank you.
Joseph Strange: And speaking in opposition is Gene Hansen.
Dorothy Wood: Thank you for coming Mr. Hansen.
Gene Hansen: Thank you Chairman Wood. Ladies and gentlemen of Planning
Commission, my name is Gene Hansen. I have property at Pungo. I own a three-acre B-
2 piece that is currently being used for agricultural use. I have a 69-acre horse farm. By
the way as I said to Mr. Bourdon it is not metal. It does have a baked enamel steel roof
and I appreciate his compliments but it is not a metal roof. Six years ago, predecessor
really to Mr. Knight and Mr. Horsley, Mr. Eliason made sure that in the previous
Comprehensive Plan there was a call for a study of Pungo and what it could be. Mr.
Eliason put together an informal committee that met several times, had great input :!Tom
Tom Pauls so he rightly deserves the award representing a personifYing all of planning
that was just recently received. But he recognized this was a special area. And this
current Comprehensive Plan there's that recognition as well that Pungo needs to be
studied. And, this is the first time that I've ever been before Planning when I was in
opposition of something. I said on the Transition Area Committee and I think that
committee worked very well in trying not to take away property rights but to qualify
some of the nice things that we would like to see in our City. I have a fairly substantial
investment and even though that I think Herb Culpepper has done a nice job with trying
to change agricultural use to something that may be acceptable, in the scheme of things
that it is putting the cart before the horse. It's necessary for maybe Planning Department
or maybe the Commission telling Planning, to get underway with a study of Pungo. Put
together the same kind of commission in essence or committee to look at what Pungo
could be because comparing as Mr. Bourdon did this to what's there now, I think it's
going to be different. And, so I would like to see Mr. Eliason's plan come before the
Commission. I'm sorry to speak against Herb. He's been a good fÌiend down there but it
is not time to have something like this in Pungo. I'll be happy to answer any questions.
Dorothy Wood: Would you please show us where you live sir? You can use the pointer
if you like?
Gene Hansen: This is the three-acre commercial piece. There were residences here,
which are not there anymore. The horse farm runs in this area. You can see the horse
barn. It's right there. I own all of the land in here. The subject property is right down
here. So, I'm right down the road.
Dorothy Wood: Are there any questions for Mr. Hansen?
Ronald Ripley: I have a question?
=
Dorothy Wood: Mr. Hansen.
Item #16 & 17
HAC Properties, LLC.
Page 5
Ronald Ripley: I think in the Transition study Pungo was addressed wasn't it? It looked
like to me the suggestive guidelines and other things were voted in the study.
Gene Hansen: Pungo is one of those places that is listed as a center node. It needs forth
coming study. It's an essential area. I guess Mr. Scott can clear that up a little probably
better than I as far the vernacular that was used for. And, the Transition area and since
the Committee was only suppose to study the Transition Area itself, noted that Pungo
does need it's own specific analysis. And also they called the trails to go south of there
to as well.
Ronald Ripley: Other than the suggested study, do you object to the Use? What is it you
object to?
Gene Hansen: This kind of use for a mini-storage sort of puts a nail in the coffin of what
could be or what could occur in Pungo. Now, because it will curtail what kind of
development or redevelopment can occur there because you're putting in a mini-storage.
A mini-storage is not known for a place where you're going to have a more upscale
environment or specialty retailers. Now, and I spoke to Herb in advance and I told him
that I was going to oppose this. I said Herb, just wait until there is some study and then it
might fit. He said, I've waited 30 years. And, maybe he has since he has been down
there. And so, I feel for him. It puts a body between a rock and hard place but I don't
see where mini-storage is going to improve the ambiance and the flavor of the village of
Pungo. And, I've worked with several people at Planning already and looking at what
storefÌonts could be and parking behind areas to really make Pungo a special area. Even
though to bar from planning and planning as you know opposed this. One of the things
that they said that there is only a potential service provided by this. And, this is a special
service area that needs to studied. I think there is lots of reason to either defer until
something comes out or decline this proposal.
Dorothy Wood: Are there any other questions for Mr. Hansen?
Barry Knight: I got one Dot.
Dorothy Wood: I'm sorry Barry.
Barry Knight: Hey Gene.
Gene Hansen: By the way, we're you talking about my hoses that needed to be replaced
last week?
Barry Knight: Possible. It could have been.
Gene Hansen: I did get two of them down there in the back of my komodo.
=
Item #16 & 17
HAC Properties, LLC.
Page 6
Barry Knight: You know you have 69-acres and you have the most valuable piece of
property in Pungo and the nicest, most centrally located. And, your property is where it
is all going to start. Probably, because chances of tearing down the 7 -eleven or tearing
down John Mundens or tearing down the bank building or something probably isn't
something that's going to happen anytime soon. Mundens have been there for probably a
100 years. They might be there for another 100 years.
Gene Hansen: Mundens is owned by a family that is willing to work on their 5.3 acres.
Karen Prochilo is here. She has done a great job of drawing a lot of these areas. And
your right, it may start on my corner but I've said no to the 7-eleven's and the
McDonald's. Showing the patience until we get this.
Barry Knight: That's the point that I'm trying to make. The point that I'm trying to
make, and I know that your farm and property is now listed and is for sale.
Gene Hansen: A note of clarification. Given what they are selling farm properties for in
the Transition Area, I can jump right across the line and build another facility like this
and pull out about $30,000 an acre. I don't mind doing that.
Barry Knight: I understand that.
Gene Hansen: I'm not leaving Pungo.
Barry Knight: Gene, let me finish. Let me finish. You have a wonderful 69-acres. If
there is a vision for Pungo and if it's going to happen sooner rather than later, it probably
is going to be at your property. And, I think you have a chance right now to put some
deed restrictions on your land saying that if anyone buys your land that they only can do
this. I hate to put the money on your back you can set the example right now. So, I didn't
know if maybe you had considered that or not.
Gene Hansen: Maybe you don't know this but I've already put deed well rights and
drainage rights into the 69-acre piece fÌom the three-acre piece so that the three-acre
piece can be developed really nicely and well.
Barry Knight: You understand where I'm coming fÌom?
Gene Hansen: Oh absolutely. I bought into Pungo a dozen years ago with a vision that
I've been trying to work with. Bob Scott probably hates to see me coming down his
hallway. I've been preaching what should occur in Pungo for a long time. I was part of
the Committee that envisioned many years ago that made sure that Pungo was mentioned
in the previous five-year plan. So, I would hate to see it derailed now when we may be
much closer, meaning on what you want to do to this Pungo plan.
=
Barry Knight: You understood what I was getting at.
Item #16 & 17
HAC Properties, LLC.
Page 7
Gene Hansen: I do.
Barry Knight: I think you can start the message.
Gene Hansen: That is why I'm here in opposition.
Eugene Crabtree: I've got one simple question for you Gene and you moving down there
and all that. Have you ever used a mini-storage since you say that it is a lowly place?
Gene Hansen: The answer is no, I have not. I just don't mow it is going to be the part.
They just opened up some mini-storages at Dam Neck and Princess Anne. That's an area
where it may look better for mini-storage.
Eugene Crabtree: I just wanted to ask you that question.
Gene Hansen: No. I've never used it. I've got barns.
Eugene Crabtree: Okay.
Dorothy Wood: Are there any other questions ofMr. Hansen? Thank you sir.
Gene Hansen: Thank you very much.
Dorothy Wood: Are there any other speakers Mr. Strange.
Gene Hansen: I think there is one more who does wish to speak in opposition.
Dorothy Wood: Okay. Is that Diane? I don't think she signed up. I'm sure you can still
speak. Just fill in the card. I guess she can do that.
Dianne Momoe: Thank you for allowing me to speak without signing up. My name is
Dianne Momoe. And, I'm also in opposition basically for the same reasons that Gene
Hansen is in opposition. I believe that the studies have not been done and the whole
comprehensive idea is still in an informative stage and to go ahead and making decisions
without completing the informative stage and coming up with an overall plan is not a
good thing to do at this time.
Dorothy Wood: Thank you. I filled in the card for you. What is your address?
Dianne Momoe: 1317 King Fisher Court.
Dorothy Wood: And where do you live fÌom this new project?
=
Dianne Momoe: I actually do live in the 23451 zip code but I have horses that I keep in
Pungo and I have donated several to the mounted police, which is directly behind this
Item #16 & 17
HAC Properties, LLc.
Page 8
property. I am very enthusiastic about Pungo and the potential for a village in a lovely
area that it could be. I would like to before the definitive decisions are made have the
planning in place to go ahead with something that is a long-term plan. And, maybe this is
the impotence that is needed to make those decisions come to the fÌont and have those
plans drawn up.
Dorothy Wood: Thank you very much.
Dianne Monroe: Thank you.
Dorothy Wood: Mr. Bourdon, would you like to come back for a few minutes?
Eddie Bourdon: Yes I would. First of all, like Gene I was on the Virginia Beach vision
and still am, land use committee that strongly suggested and recommended that we do a
Pungo study back in the prior Comprehensive Plan. So, I totally agree with him in that
regard. I totally disagree with him when he makes what I consider to be an absurd
suggestion that approving this use on this back lot property at the south end of Pungo
where there is no water and sewer and won't be any water or sewer is somehow going to
derail that process. I don't how you get from point "A" to point "B". Where Gene's
property is located and the other properties north of Indian River Road, water and sewer
are potentially available. And so a lot of things can potentially be done with those
properties. You got the one unit break or residential. I know there's been interest in the
property for some residential development. But the idea that we're going to come down
well below Indian River Road and below all of these commercial and homes and offices
and what have you in Pungo and this is going to the lynch pin to a Pungo plan, I just,
sorry, I don't get it. Ifwe were talking about putting this out on Princess Anne Road I
would understand what he was talking about. We're talking about 58-60 storage units.
That's a very, very small facility located behind an office building. We're also looking at
an office warehouse use, again, a small use of about 8 units upon, again this back lot
property in an area, the only area where this really can go. There is a market for it and it's
an attractively designed facility. We're certainly willing to look at enhancement to
improve design. But when you look at what's around it we're not trying to go down
we're trying to go up but it is not a visible sight at all.
Dorothy Wood: Thank you very much Mr. Bourdon.
Eddie Bourdon: I don't see that leap. I do hope we have a Pungo plan. I think it's a
great idea. I think it's one that we should do.
Dorothy Wood: Are there any questions for Mr. Bourdon?
Barry Knight: I have some.
=-
Dorothy Wood: Barry.
Item #16 & 17
HAC Properties, LLC.
Page 9
Barry Knight: Eddie, when you say that the plan is a little bit different from this picture
that you have now, it is designed a little bit differently than that.
Eddie Bourdon: The elevations. The one you all received this morning is different this
one.
Barry Knight: I just wanted to ask.
Eddie Bourdon: The building is brick front and brick side and not in the back.
Dorothy Wood: Thank you.
Barry Knight: That's kind of the point I was getting at and we're looking at this and it's
a nice color picture. There have been some amenities added to this and if we were to go
forward with this I don't know if proffer #2 is still exactly where it is suppose to be.
Eddie Bourdon: There are a couple of different ways you can at that. I'm going to give
these and I forgot. I gave you Doug Davis letter. This is Mel Stences letter. Doug's was
on wetlands. This is on the flood plain. We got two issues. We got a rezoning and we
got a Conditional Use Permit to answer Barry's question. The elevations and we did
revise those elevations based on the concerns. And, the Conditional Use Permit you can
certainly recommend the elevations that we submitted, the revised elevations. The
proffer has however, the original elevations. One means would be to determine that they
are substantially the same they're just improved. Nothing really changes except that we
added some architecture improvements. And, we will be glad to if that's not acceptable
from the Planning Director's perspective, we'll be glad to ask City Council to defer for 2
weeks and just change the elevation reference in the proffer to these elevations. But,
again, all we done was we're just adding. We're not changing the substance of it we're
just adding some high betterments. But there are a couple of different ways to do that.
That would be the way we would prefer to go is to make those changes just changing a
date in that particular proffer to reference the date of revised elevation. Possibly Mr.
Scott can agree that they're substantially the same. But I just assume we clarify it.
Barry Knight: 1'd like clarity on that if you could.
Dorothy Wood: Mr. Scott.
Robert Scott: Well, I think the drawings that were seeing today compare to what we
originally had is a step in the right direction. But, I would say that we need better
betterments.
Dorothy Wood: I'm sorry. What?
=
Robert Scott: Better betterments. I applaud their efforts. We're heading in the right
direction. I think we have some ideas that are not major changes but they're substantial
Item #16 & 17
HAC Properties, LLC.
Page 10
in their impact in a positive way. I don't think their particularly expensive and it could
make the project look a whole lot better. I will say if we can do those things we could
probably show how in the absence of the Pungo plan we can still move forward with a
degree of confidence that we're not precluding any possibilities for the future. Sure, in
an ideal world we would love to have that study and show that this isn't in conflict with
it. In all probability, some decision will have to be made on this property before any
study is in place. 1 think we can suggest some adjustments to this plan in addition to
what's already been put forward and are not particularly burdensome. I have high
positive impact on the way this thing appeared and it could make it pretty compatible we
hope with what hope to see and what we will see, which by the way would involve
preservation of some of those older buildings that they're not taking them down for the
future. 1 think with that we have reason to look at a very rosy future for this part ofthe
City.
Dorothy Wood: Thanks Bob. Eddie, if the Planning Commission would go and approve
this today would your clients be willing to meet with the staffbefore you go to City
Council? Would you please ask them?
Eddie Bourdon: I'll go ask them.
Dorothy Wood: Thank you sir. Are there any other questions?
Eugene Crabtree: Eddie, I got one question. You said there 57 units that are going to
built there.
Eddie Bourdon: I count 58-60.
Eugene Crabtree: I'm just looking at the elevations that we have here. Do you know
what the size of the larger units? What the size of the smaller units are just for curiosity
sake for than anything else?
Eddie Bourdon: 20 x 40 of the larger so it's the two comers. They actually may change.
Those are the largest.
Eugene Crabtree: Those smaller ones I presume are something like lOx 20?
Eddie Bourdon: Yes sir.
Eugene Crabtree: Okay. Those are popular size units all over the City.
Eddie Bourdon: Yes sir.
=-
Dorothy Wood: Are there any other questions? Thank you Mr. Bourdon. Thank you
Mr. Hansen and Ms. Monroe for coming down also. We appreciate it. Is there any
discussion? Mr. Horsley?
Item #16 & 17
HAC Properties, LLC.
Page 11
Donald Horsley: To be honest, I don't have a problem with the use. I think the applicant
has shown a willingness to get with staff between now and City Council and take care of
some ofthese matters that have arisen today about the style of the building. So, I've been
on that property many times. I've walked many miles on that property. It hasn't been
used for agriculture for many years other than that before it was livestock for the last 6 or
7 years. I think it would be a good use for the property because I don't really see any
major architectural building being put on this piece of property. It's just not conducive
for it. You can't develop anymore. It's woodland and it won't be disturbed. The City
owns property to the south of it and I don't really see a problem with the use if we can
just get the architectural part of this building straightened out. I think it will set a tone for
the plan that Mr. Hansen is longing for Pungo. I think it will give him some guidelines to
start with anyway.
Dorothy Wood: I think Mr. Hansen has a good idea and that maybe we should. I don't
know if Planning can do this but have a study of Pungo. May be some of the Planning
Commissioners for that area of the City and some of the stakeholders?
Robert Scott: We've loved to. It's a matter and as we go around the City so many
groups want but it is something that has been talked about for sometime. And, the
opportunity won't be here forever. We do appreciate the urgency of it.
Dorothy Wood: Thank you.
Robert Scott: Hopefully, if we can get one or two of these things that are on our plate
off, we'll forward directions like this.
Dorothy Wood: I'm sure Mr. Hansen will be glad to help you. Mr. Culpepper. Mr.
Ripley?
Ronald Ripley: I agree with Don and I think the use is okay. I had an opportunity to talk
with the applicant and he seems really responsive to one to accommodate because he's
looking for a successful venture. It seems to be complimentary to what's in fÌont. The
mini-storage part of it and I think, Gene was kind of eluding to this, and it really is very
small in comparison to mini-storages that you see in the area. I mean you might see 50,
60, 70, 80,000 square foot mini-storages and this was about 15,000. So, proportionally it
is probably appropriate. It's a very passive use I think. Ifwe had a lot of coming and
going I wouldn't think going on here. I like Don, if the applicant and staff can work a
little bit further on the elevations, I think we're good to go.
Dorothy Wood: Thank you Mr. Ripley. Mr. Miller.
Robert Miller: Jan, did you want to speak first?
-
Dorothy Wood: I'm sorry.
Item #16 & 17
HAC Properties, L.L.C.
Page 12
Janice Anderson: Mr. Horsley, he actually covered everything so I'm good.
Robert Miller: Okay good. I didn't want you to say anything anyway. No one can be
quite as passionate about this area as I think Gene can. I know of his love not only of his
place, but the ambiance of that whole area. There is something about Pungo and I'm
looking and I'm thinking about the Pungo festival coming up soon and the parade. I have
the privilege of being in that parade a lot oftimes. It's the most unique parade in the
most unique surroundings I can describe my group of special Olympians. We don't tend
to march in parades. I try to teach them that once but they're much smarter than I am and
we wander through parades. This is the perfect parade to wander through because people
wander through you will you're wandering through the parade. Every time I'm in Pungo
and in that you think that we're unique this place has got something, particular place that
word really can't describe. We got a lot of great parts of our city, very unique places.
This is one of those places that deserves not only to be endorsed but somehow sustained
and not improved by the sense of newness but somehow to retain all the great
characteristics that are there right now. This development that Mr. Culpepper has
proposed, I think anywhere else in our City with the architectural improvements that Bob
is implying and staff will be able to work with Mr. Culpepper and obtain would be a very
welcome addition to other parts of our City. I think there is needed here. I don't know of
the final outcome of what Gene's vision would be for this location or mine even. But I
do think that this would fit in the ultimate scheme of things. That is something that the
community needs in that area. And, again in the long run of what happens in Pungo, I
don't think it will take away fi:om what is there. I think it does set in some ways some
new nice qualities to that area. I wouldn't say that everything has to be new like this
again, I hope I don't contradict myself but that there wonld be someway to sustain what
is already there to endorse it and that this would be I think a positive addition to that
community with the improvements to the architecture. But, I will continue to think of
how Virginia Beach vision and others can work to may be supplement the burden of
Planning Department and others to try to find a way to look at places like this and say
hey, how can we continue to have this be a place that is truly a characteristic. I mean, I
want my children and my grandchildren to be able to come and wander through the
Pungo festival parade and come down there and see all the great things that go on in that
area.
Dorothy Wood: Is that in the form of a motion?
Robert Miller: Certainly.
Barry Knight: Second.
Dorothy Wood: I think he seconded Mr. Miller's motion.
AYE 11
NAY 0
ABSO
ABSENT 0
=-
ANDERSON
AYE
Item #16 & 17
HAC Properties, L.L.C.
Page 13
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, Item #16 & 17 has been approved.
Dorothy Wood: Thank you. The meeting is adjourned.
=-
Karen Prochilo - Pungo mini-storage
" "~
, I
from:
To:
Date:
Subject:
CC:
"gene hansen" <ewhansen@hotmail.com>
<ecosys@erols.com>, <klasley@vbgov.com>, <kprochil@vbgov.com>
4/20/2004 12:34 PM
Pungo mini-storage
<bscott@vbgov.com>, <WJWhitne@VBGov.com>
Hi, Folks,
I understand that Herb Culpeppe~s mini-storage unit proposal for
"downtown" Pungo will come before Planning in mid-May. Please know that I
oppose this development and the rezoning of the land to accomplish his
goals. Until a study is undertaken to help plot the future of Pungo, I
shall take an opposing stance on any project which does not add to the
betterment of this fragile community.
Please add my note to any Planning andlor zoning papers, and feel free to
telephone me with any questions or concerns.... 721-6736. I hope to see Herb
at a meeting next week, and I shall let him know then of my oppos~ion.
Many thanks!
Gene Hansen, owner,
Bad< Bay Farms, Inc.
Pungo
Is your PC infected? Get a FREE online computer virus scan from McAfee@
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5/412004
Page I of 1
White - Pungo
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Ie
-ì
From:
To:
Date:
Subject:
CC:
"Amy Castleberry" <seaberry22@cox.net>
<BScott@Vbgov.com>
5/4/2004 4:49 PM
Pungo
<Klasley@vbgov.com>
Dear Mr. Scott,
With all the rampant and iII-thought-out development going on in VA Beach, I am writing to implore you
to protect Pungo from junk enterprises that will forever ruin what could be an attractive village
concept. Too soon there will be nothing left of vernacular, in-scale architecture- VA Beach is rapidly
becoming known for it's lack of planning and utter disregard for charm and ambiance.
Please don't allow a mini-storage to be erected in Pungo. To further give strength to my argument,
please read Richard Florida's best selling book, Attractina the Creative Class. There is so much that
could be done well to that beautiful landscape. Do it riaht- and let the rest of VA Beach look on with
envy as people vie to come to visit and live in an area that's been done well with an eye to outstanding
design, taste and beauty. Talk to the people who are doing East Beach in Norfolk and ask about their
waiting list. Now picture that area and their waiting list had they opted for trash instead. Thank you.
Amy Castleberry
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5/6/2004
Page 1 of 1
Stephen White - Please NO
I',' ;'
~---
_.~,~~,
-,=-~,~
From:
To:
Date:
Subject:
"Linda H. Anderson" <lhanders@VBCPS.K12.VA.US>
<BScott@vbgov.com>
5/5/2004 8:21 AM
Please NO
--------
Dear Mr. Scott,
I was very disturbed to hear about the possibility of mini-warehouses going up in Pungo near the 7-11. Pungo is
the Beach's last legacy for showing a rural atmosphere and having the potential for designing a unique area.
Mini-warehouses are all over the city, and it seems that more could be easily added in other industrial zones that
do not have the quaint, rural feel like Pungo. Please take this idea out of reconsideration and look at Pungo as
our last ditch effort to put some class into the city for tourists and our own citizens.
Sincerely,
Linda Anderson
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5/6/2004
Page 1 of I
Barbara Duke - Downtown Pungo
I I
From: <PungoPalace@aol.com>
To: <BScott@vbgov.com>, <Klasley@vbgov.com>
Date: 5/8/2004 5:26 PM
Subject: Downtown Pungo
I am writing regarding the possible "mini-warehouse" being constructed in Pungo. I have lived
in this community since 1976 and have sadly watched as the charm has been sold off to the
highest bidder. If only someone would have had a better vision when the old Brock's Grocery
was replaced with the Red Barn or the strip mall came to town! I still haven't figured out how
Pungo Off Road managed to sneak into the center of our community. They seemed to build
on to the old gas station without a building permit (hum...wonder whose palm they greased) &
there is forever a lot full of cars stacked bumper to bumper. It looks like a used car lot! But it
is never too late to put a stop to this. So please, do something to stop this junk from
overrunning our charming, historic community! Stretch your imagination and picture something
original that will bring tourists to Pungo to shop. I will gladly serve on any committee formed to
save this quaint part of our city.
Sincerely,
Andrea Whitehurst
1176 Horn Point Rd.
VB 23456
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5/10/2004
Page I of I
Barbara Duke - Please NO
From:
To:
Date:
Subject:
"Linda H. Anderson" <lhanders@VBCPS.K12.VA.US>
<BScott@vbgov.com>
5(5(20048:21 AM
Please NO
Dear Mr. Scott,
I was very disturbed to hear about the possibility of mini-warehouses going up in Pungo near the 7-11. Pungo is the Beach's last legacy for
showing a rural atmosphere and having the potential for designing a unique area. Mini-warehouses are all over the city, and it seems that
more could be easily added in other industrial zones that do not have the quaint, rural feel like Pungo. Please take this idea out of
reconsideration and look at Pungo as our last ditch effort to put some class into the city for tourists and our own citizens.
Sincerely,
Unda Anderson
=
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5/1012004
Page 1 of I
Barbara Duke - mini storage in Pungo
\'
\ ~
I ì
From: "Judy Williams" <judy@pungoliving.com>
To: <BScott@vbgov.com>
Date: 5/6/2004 8:09 AM
Subject: mini storage in Pungo
Mr. Scott:
I strongly oppose the mini storage in Pungo. As a Pungo resident and business person, I believe that this area
has the potential to be developed into a wonderful "village" of shops. restaurants, etc. A mini-storage definitely
does not fit.
Thank you.
-Judy Williams
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5/10/2004
Page 1 of I
Barbara Duke - Pungo re-zoning
-- i \
From:
To:
Date:
Subject:
cc:
<DandFMonroe@aol.com>
<BScott@VBGov.com>, <KLasley@VBGov.com>
5(7(20048:24 AM
Pungo re-zoning
<ewhansen@hotmail.com>
Dear Bob Scott and Karen Lasley.
I am writing in regards to the re-zoning of areas in the Immediate area of
Downtown Pungo form Ag-2 to 6-2 for the building of a mini-storage fadilly. I
am against this type of land use in this particular location. Pungo is as
precious as an uncut diamond. It can become sparkling and beautiful and extremely
valuable or it can be shattered with the first cut. never to realize Irs
potential.
I see Pungo as an upscale village of spedalty retailers and charming
restaurants nestled in the transitional area as a gateway to horse farms and lush
farmland- I see successful village plans elsewhere In the country. but not in
VIrginia Beach where there is no lack of mini-storage fadlities behind almost
""ery 7-11.
I volunteer to partidpate if a committee is estabiished to study and enact
such a village concept.
Sincerely.
Diane Monroe
There are other more suitable locations for mini-storage
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5110/2004
L.
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