HomeMy WebLinkAboutJULY 6, 2004 AGENDACITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRYE. DIEZEL Kempsville - DisMcl2
ROBERTM DYER, CeaterviBe - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach -Distrlct6
JIM REEVE. Princess Anne - Dstrict 7
PETER W. SCHMIDT,, At -Large
RONA. VILLANUEi A. At -Large
ROSEMARY WILSON. At -Large
JAMES L. WOOD, Lynahavea-Dishict S
CITYMANAGER - JAMES K. SPORE
CTTYATTORNEY- LESLIE L. LILLEY
CITY CLERK- RUTH HODGES SMITH, MMC
I.
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL AGENDA
6 July 2004
SPECIAL CEREMONIAL FORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Thomas H. Britton
Pastor -Retired
CITYHALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
E-MAIL: Crycncl@vbgov.com
3:30 PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. READING OF MAYOR'S CALL TO SPECIAL SESSION
F. CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL
Presiding:
The Honorable Tina E. Sinnen
Clerk of the Virginia Beach Circuit Court
G. ELECTION OF THE VICE MAYOR
H. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL
Mayor Meyera E. Oberndorf, Presiding
I. ADJOURMENT
RECEPTION
4:30 P.M.
THE MAYOR AND MEMBER'S OF CITY COUNCIL
n ll
THEIR FAMILIES
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 4274303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
Agenda 07/06/04bib
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CITY COUNCIL
MAYOR MEYERA E. OBERNDORF At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL KemOrviile - District 2
ROBERT M DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach-District6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RONA. V7LL4NUEV4, At -Large
ROSEMARY WILSON, At -Large
JAMESL. WOOD, Lvnnhaven -District 5
C777MANAGER - JAMES K. SPORE
CITYATTORNEY- LESLIEL. LILLEY
CITY CLERK- RUTH HODGES SMITH, MMC
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL AGENDA
6 July 2004
CITYHALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE.(757) 427-4303
FAX (757) 426-5669
E-MAIL: Crycncl@vbgovcom
I. REVIEW OF AGENDA ITEMS -Conference Room- 5:00 PM
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III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION - Conference Room - 5:30 I M
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
I V. FORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Thomas H. Britton
Pastor -Retired
- Council Chamber- 6:00 PM
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
G. MAYOR'S PRESENTATION
1. Resolution: Lindsay Randlett and Brain Leydet
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
J. ORDINANCESIRESOLUTION
June 22, 2004
1. Ordinance to AMEND and REORDAIN §2-83.1,2-83.2,2-83.3,2-108 and 2-132 of
the City Code re employment probation period of certain public safety employees:
Deferred June 8, and June 22, 2004
2. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way in
behalf of STARR L. JANICIQ to maintain an existing fence and steps at 4809 Machen
Avenue.
(BAYSIDE-DISTRICT 4)
Ordinance to APPROPRIATE $850,000 from the Storm Water Utility fund balance to
the FY 2004-05 Capital Budget re Cape Story by -the -Sea and Goodspeed Road to
cover increased construction costs for the drainage projects
4. Ordinances re the Sheriffs Department's funding:
a. APPROPRIATE $314,530 from State Compensation Board
APPROPRIATE $979,579 from Special Revenue Fund
TRANSFER $50,220 from General Fund
to: (i) advance pay increases
(ii) pay overtime expenses and fringe benefits
(iii) purchase equipment
b. APPRPORIATE $144,100 from Inmate Services re medical services
5. Ordinance to ACCEPT and APPROPRIATE $12,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2004-05 operating budget
re costs associated with deployment of FEMA members in the urban search and rescue
team
6. Ordinance to TRANSFER $182,993 from the General Fund Reserve to the Department
of Public Works Waste Management Division's FY 2004-05 operating budget to fund
increased waste disposal costs created by the rise in SPSA's tipping fee.
7. Resolution to support Sentara in the development of a Health Campus and their
application for a Certificate of Needs at Princess Anne Commons
K. PLANNING
Ordinances re City Zoning Ordinance (CZO)
a. AMEND § 215 re the removal of abandoned nonconforming signs
b. REPEAL § 250, 251, 252, 253 and 506 re Open Space Promotion option
2. Applications for Variances to §4.4(b) that require all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO)
a. GEORGE L. WADSWORTH, JR. & ROBERT A. WADSWORTH, II at
West Gibbs Road, west of Blackwater Road
(DISTRICT 7 — PRINCESS ANNE) .
b. CKC PROPERTIES, L.L.C. 2533 Virginia Beach Boulevard
(DISTRICT 6 — BEACH)
RECOMMENDATION: APPROVAL
3. Application of WAL-MART STORES, INC. re Conditional Use Permit for a bulk
storage Yard at 2021 Lynnhaven Parkway.
(DISTRICT 1 — CENTERVILLE)
RECOMMENDATION:
APPROVAL
4. Application of ALLTEL COMMUNICATIONS OF VIRGINIA NO. 1, INC. re
Conditional Use Permit for a communication tower (extension) at 3308 Heffington
Drive
(DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
Application of TIDEWATER IMPORTS, INC. re Conditional Use Permit for
motor vehicle sales and service at 3148 and 3152 Virginia Beach Boulevard
(DISTRICT 5 — LYNNHAVEN)
RECOMMENDATION:
APPROVAL
6. Application of KENNETH A. HALL re Conditional Use Permit for motor vehicle
sales at 3252 Virginia Beach Boulevard
(DISTRICT 5 — LYNNHAVEN)
RECOMMENDATION: APPROVAL
7. Applications of DAVID P. MA -HER on the west side of Oceana Boulevard, south of
Beacons Reach Drive:
(DISTRICT 6 —BEACH)
a. Change ofZoning District Classi zcation from AG-2 Agricultural District to
Conditional B-2 Community Business District
b. re Conditional Use Permit re motor vehicle sales
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
HEALTH SERVICES BOARD
HUMAN RIGHTS COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. 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)
.Agenda 07/06/04blb
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I. REVIEW OF AGENDA ITEMS -Conference Room- 5:00 PM
II. COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
- Conference Room - 5:30 PM
A. CALL TO ORDER — Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
0
E.
F
CALL TO ORDER — Mayor Meyera E. Oberndorf
INVOCATION: Reverend Thomas H. Britton
Pastor -Retired
- Council Chamber- 6:00 PM
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
INFORMAL AND FORMAL SESSIONS
June 22, 2004
'aPsithtftOn
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
G. MAYOR'S PRESENTATION
Resolution: Lindsay Randlett and Brain Leydet
H. AGENDA FOR FORMAL SESSION
Irsolutivit
WHEREAS: On Saturday, June 12th at approximately 8:20 P.M on the Oceanfont at
25th Street, two Virginia Beach Lifesaving Service employees, Lifeguard Lindsay Randlett and Lifeguard
Crew Chief Brian Leydet, demonstrated remarkable professionalism and skill in saving the lives of a
father and his son;
WHEREAS: While dangerous surf fags were up and no swimming allowed, a single
family was enjoying the water's edge when the father and son, who had ventured out firiher than they
should have, were caught in a rip current;
WHEREAS: When Ms. Randlett realized they were in serious trouble, she placed a
radio rescue call and entered the water where she fowtd the son still able to help himself but the father
was stumped face down in the water. While she held his head above water, she signaled for help and
several more lifeguards responded entering the water to assist in returning the son and unconscious
father to shore;
WHEREAS: The EMS system had been activated and resulted in rapid patient
assessment by Crew Chief Brian Leydet whoa also a Volunteer Paramedic, and consultation with the
Emergency Room Physician via radio. Mr. Leydet initiated Rapid Sequence Intubation, a procedure
using drugs to sedate and paralyze a patient in order to facilitate intubation and control physiologic
response. This is the fist time the procedure has been used in the field in Virginia Beach; and,
WHEREAS: Brian Leydet accompanied the patient to the hospital where he was
admitted to the Intensive Care Unit and, because of the outstanding management by all involved he was
able to make a f all recovery.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of
Virginia Beach is most gratified when all components of Emergency Medical Services work together in a
coordinated effort to provide the bestpossible patient care;
AND, BE IT FURTHER RESOLVED: That without the contributions of Lindsay
Randlett, who executed a difficult rescue of a victim twice her size, and the skill of Brian Leydet to
perform a most serious procedure in the field, a family might no longer have its father and son. These
two young people are commended for their heroism daring to risk their own lives in the face of difficult
circumstances and have the respect and gratitude of the citizens and City Council of the City of Virginia
Beach.
Given under our hands this Sixth day of July, 2004
HarryE Diezel, Kee,.,& Reba S McClar am Rare Hat( Ron A. VLtameva. At Large
Robert B. Dyer, Cenrervttte Jim Reeve, Prixceu Am a Rosemary Wilsom At large
Richard Maddox, Beach Peter W. Schmidt, At large James L. Wood, Lynnhove„
Vice Mayor Loafs P James, Bayxtde Mayor MeyeraE Oberndorf, At Large
I. CONSENT AGENDA
ORDINANCES
Ordinance to AMEND and REORDAIN §2-83.1,2-83.2,2-83.3,2-108 and 2-132 of
the City Code re employment probation period of certain public safety employees:
Deferred June 8, and June 22, 2004
Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way in
behalf of STARR L. JANICIG to maintain an existing fence and steps at 4809 Machen
Avenue.
(BAYSIDE-DISTRICT 4)
Ordinance to APPROPRIATE $850,000 from the Storm Water Utility fund balance to
the FY 2004-05 Capital Budget re Cape Story by -the -Sea and Goodspeed Road to
cover increased construction costs for the drainage projects
4. Ordinances re the Sheriffs Department's funding:
a. APPROPRIATE $314,530 from State Compensation Board
APPROPRIATE $979,579 from Special Revenue Fund
TRANSFER $50,220 from General Fund
to: (i) advance pay increases
(ii) pay overtime expenses and fringe benefits
(iii) purchase equipment
b. APPRPORIATE $144,100 from Inmate Services re medical services
5. Ordinance to ACCEPT and APPROPRIATE $12,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2004-05 operating budget
re costs associated with deployment of FEMA members in the urban search and rescue
team
6. Ordinance to TRANSFER $182,893 from the General Fund Reserve to the Department
of Public Works Waste Management Division's FY 2004-05 operating budget to fund
increased waste disposal costs created by the rise in SPSA's tipping fee.
Resolution to support Sentara in the development of a Health Campus and their
application for a Certificate of Needs at Princess Anne Commons
30-
Item V-J.I.a.
ORDINANCES/RESOLUTIONS ITEM # 52715
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED, until the
City Council Session of July 6, 2004:
Ordinance toAMEND andREORDAINthe City Code to reflect recent
General Assembly legislative changes to the state law effective July 1,
2004:
Chapter 2, §§ 1-108 and 2-132 re employment probation period
of certain public safety employees.
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones,
Richard A. Maddox, MayorMeyeraE.Oberndorf, JimReeve,PeterW
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
June 22, 2004
Virginia Beach City Council
June 22, 2004
6:00 p.m.
CITY COUNCIL:
Meyera E. Oberndorf,
Mayor At -Large
Vice Mayor R. Jones
Bayside - District 4
Harry E. Diezel
Kempsville - District 2
Margaret L. Eure
Centerville District 1
Reba S. McClanan
Rose Hall - District 3
Richard Maddox
Beach - District 6
Jim Reeve
Princess Anne - District 7
Peter W. Schmidt
At -Large
Ron Villanueva
At -Large
Rosemary Wilson
At -Large
James L. Wood
Lynnhaven - District 5
CITY MANAGER: James K. Spore
CITY ATTORNEY: Leslie L. Lilley
CITY CLERK: Ruth Hodges Smith, MMC
STENOGRAPHIC REPORTER: Dawne Franklin Meads
VERBATIM
Ordinances to Amend and Reordain the City Code to reflect
recent General Assembly legislative changes to the state law
effective July 1, 2004
1
June 22, 2004
INFORMAL SESSION
MAYOR OBERNDORF: Well, we're now at the review of Agenda
Items. If we could start going through
them. We will have the Public Hearing on the FY 2005-2005 School
Operating Budget. Then, under Ordinances/Resolutions Ordinances to
Amend and Reordain the City Code to reflect the recent General
Assembly legislative changes to the state law effective July 1st,
2004.
It's about the employment probation period of certain public safety
employees. That was deferred on June the 8th. Is that a Consent
Item, Ladies and Gentlemen, or did you want to ask -- Mr. Wood.
COUNCILMAN WOOD: Madam Mayor, I spoke with Mrs. Walston this
morning. We were talking about that
particular thing and I know there has been a lot of running back and
forth on you know who should be 12 month and who should be 6 month
and that sort of thing.
Something that I would like to toss out is that it would seem
reasonable to me that we don't just simply single out public safety
employees, but whereas we actually state all city employees, say all
city employees have the same defined probationary status, whether
they work for Public Works, Public Utility, Police, Fire or what have
you. Have that uniform 12 months across. That's what I personally
think would be the best bet. That way we know that everybody is
being judged the same way as everyone else.
I know when I talked to Mrs. Wilson I think teachers have like a
three-year process.
2
June 22, 2004
MAYOR
Oh, yeah.
COUNCILMAN WOOD: And I don't know that, you know, we can
state that any particular city employee is
more valuable than another. So, that way we have to watch them or
make sure that they're any better. I think that this would certainly
level the playing field and that's something that I would like to
throw out there.
MAYOR OBERNDORF: Okay. My question, Mr. Spore, is, is there
any historic reason why the City never
adopted one standard probation period for beginning employees across
the board?
CITY MANAGER: I think as we've worked through this and I
wasn't at the meeting of the 8th, but as I
talked to folks that were present in terms of what some of the issues
were and we met with various people around the organization we're
suggesting that we ought to defer this to take a little further look
at it. The notion that seems to make some sense is that there be a
standardized period that does apply to everybody, but it extends six
months beyond the completion of their training period. We have
tremendous variability in the training period for different jobs.
Some are much more complex and take longer to get through the
training period and so on and so forth.
The real purpose of the probationary period is to allow the managers
in a department to evaluate an employee after their training,
performing on the job and that in some cases may take a year and some
cases it may take less and some cases it may take longer.
So, we were suggesting that we defer this again and come back with a
3
June 22, 2004
more comprehensive recommendation perhaps as Mr. Wood is suggesting.
MAYOR OBERNDORF: Okay. Mrs. Wilson.
COUNCIL LADY WILSON: Jim, what is the longest training period
that anyone would have?
CITY MANAGER: Well, I think the City Manager is about
37 years. No, there is some that literally
go beyond a year. Most of them are typically in the three to
six-month time frame.
MAYOR OBERNDORF: Council, will you -all be willing to defer
this until we can have the information come
back on giving the same period?
COUNCILMAN REEVE: Madam Mayor.
MAYOR OBERNDORF: Mr. Reeve.
COUNCILMAN REEVE: What's the downside of deferring it? Are we
not in compliance with any state
regulations? Is there going to be a concern of a grievance issue
raised now? I mean, what is there a downside of deferring it?
MAYOR OBERNDORF: Mr. Macali.
WILLIAM MACALI: I just think that the extra five or six days
is probably inconsequential.
COUNCILMAN REEVE: All right.
0
June 22, 2004
VICE MAYOR JONES:
CITY MANAGER:
MAYOR OBERNDORF:
COUNCILMAN WOOD
study?
So, when do you want to defer it'to?
We were talking about coming back on
July 6th.
Defer it until July 6th?
Will you -all take a look at making one
uniform period as well when you do the
CITY MANAGER: As an option, yeah. I think what we were
suggesting was a variable one based -- well,
it would be uniform based on completion of training. You're fully
functioning in terms of the training and on-the-job. Then, there's
the uniform period of evaluation following that period.
I think that's the principal we were going after. Rather than just a
standard one year when you have some positions that might have a
14-month training period. So, you would never have a chance --
COUNCIL LADY WILSON: So, what you're saying is when you actually
start the job?
CITY MANAGER: Right.
COUNCIL LADY WILSON:
But
the one year
would make a lot of sense
for
everyone once
you actually start the
job. I think what Jim
said
made a lot of
sense.
COUNCILMAN WOOD:
It
would be nice,
Mayor, if I can.
5
June 22, 2004
MAYOR OBERNDORF: Please.
COUNCILMAN WOOD• Just to simplify it for everyone's sake
because -- you know this particular job
classification is 18 months and this one is 12 months. If you -all
could take a look at that I would appreciate it.
CITY MANAGER: Okay.
MAYOR OBERNDORF: Mr. Maddox.
COUNCILMAN MADDOX: Well, I don't want to belabor the point, but
it would seem to me that, you know, their
training period might be in a probationary period over and above
whatever the amount of time we want to select.
I mean, the clock really doesn't start ticking until everyone has
completed their training.
CITY MANAGER: That's what we're saying.
MAYOR OBERNDORF: Yeah.
COUNCILMAN MADDOX: I mean, maybe it would be 12 months after
that point. It might be 18 months for
somebody who has a six-month training period.
COUNCILMAN WOOD: Yeah.
MAYOR OBERNDORF: Number B, Chapter 23, Paragraph 23-45.1
reference the unlawful filming of a
nonconsenting person 18 years of age of older.
11
June 22, 2004
I think we've read about'these delightful opportunities. Can that go
on Consent? Would you -all be willing to put this on Consent before
we all get in trouble.
COUNCIL LADY WILSON: Please.
MAYOR OBERNDORF: Okay. C, Chapter 7, Paragraph 7-47, 7-49
and 7-50, re the operation of bicycles,
electric power -assisted bicycles and mopeds. Is that Consent?
COUNCIL LADY WILSON: Yeah, we don't really have a choice on these
Item.
MAYOR OBERNDORF: All right. Then most of you have read like
the possession of a concealed weapon. I
think a machete is now coming in.
COUNCILMAN MADDOX: I was wondering if you could add retired
Councilman to that list in addition to
retired police officer.
MAYOR OBERNDORF: Okay. That will go on Consent.
E, the Chapters dealing with traffic
regulations affecting the operation of bicycles and mopeds;
increasing fines associated with Traffic Calming Program; increasing
fees collected under the DUI cost recovery program; allowing for the
suspension of a driver's license for persons convicted of aggressive
driving; defining "shielded or screened from view" in the context, of
inoperable vehicles; requiring crossing guards to use handheld stop
signs; and, specifying fines for running a red light. Is that all
Consent?
7
June 22, 2004
COUNCIL LADY EURE
MAYOR OBERNDORF:
COUNCIL LADY EURE:
Do they wave them?
DEPUTY CITY ATTORNEY
They will switch.
COUNCIL LADY EURE:
MAYOR OBERNDORF
I have a question on that --
Oh, please. Mrs. Eure.
-- for the attorney. Since they hold a stop
sign, what do they do to tell the people go?
They use hand signals or they can use
verbals. Some of the signs are stop and go.
Well, the reason for my bringing it up,
Mayor --
Please.
COUNCIL LADY EURE: -- it may not be today, but it used to be
you couldn't tell someone to go because if
they go and had an accident the officer or the flagman was liable for
it. you could tell them to slow, but you couldn't tell them go.
So, I just wanted to -- since it specified the stop sign --
DEPUTY CITY ATTORNEY: We have a law on the books now that say that
you have got to obey the signals of any
police officer or of any crossing guard. They take precedence over
the lights and everything else. So, you can tell them to stop and
you can tell them to go.
COUNCIL LADY EURE: Thank you.
June 22, 2004
MAYOR OBERNDORF: By the way Ed Sullivan Catholic High the
crossing guard there has already been using
a -- it looks like a little ping-pong paddle that says stop or go and
everybody has been observing it.
FORMAL SESSION
VICE MAYOR JONES: Madam Mayor, as agreed to by the Council for
the Consent Agenda, I would like to move
approval of the Consent Agenda, which includes under Ordinances and
Resolutions, Item J-1, which is an Ordinance to amend and Reordain
the City Code to reflect recent General Assembly legislative changes
to the state law effective July 1, 2004, A. Chapter 2, Paragraph
2-108 and 2-132 re employment probation period of certain public
safety employees. B. Chapter 23, Paragraph 23-45.1 re unlawful
filming of a nonconsenting person 18 years of age or older.
Both of those are for deferral until the July 6th Meeting.
Item J-1, C. Approval of Chapter 7, Paragraph 7-47, 7-49 and 7-50, re
operation of bicycles, electric power assisted bicycles and moped.
And I skipped over Item B, I believe, which was Chapter 23, Paragraph
23-45.1 re unlawful filming of a nonconsenting person 18 years of age
or older.
Item J-D, which is Paragraph 38-1 re possession of a concealed
weapon.
Item J-1, E. Chapter 21, Paragraph 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 Paragraphs 21-202.1, re traffic regulations affecting the
9
June 22, 2004
operations of bicycles and mopeds; increasing fines associated with
the Traffic Calming Program; increasing fees collected under the DUI
cost recovery program; allowing for suspension of a driver's license
for persons convicted of aggressive driving; defining "shielded or
screened from view" in the context of inoperable vehicles; requiring
crossing guards to use handheld stop signs; and, specifying fines for
running a red light. So moved.
COUNCILMAN REEVE: Second.
MAYOR OBERNDORF: Are we ready for the question?
CITY CLERK: By a vote of 10 to 0 you have approved the
items read by the Vice Mayor as revised on
Number 2a and deferred on Number la and b; and, deferred Planning
Item Number 3.
10
F tNN.�
Oy2t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-108
AND 2-132 OF THE CITY CODE PERTAINING TO PROBATION
PERIOD OF CERTAIN PUBLIC SAFETY EMPLOYEES
DATE: July 6, 2004
IN 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) from six months to twelve months, and it
would extend the probation period of sworn police personnel from twelve months to
fifteen months.
The probationary period is intended to allow the City to evaluate an employee's
on-the-job performance and determine if the employee can meet the basic requirements
of his or her position. The probation period also affords new hires an opportunity to
prove him- or herself and to determine if the job is a "good fit." In most instances, a six-
month probationary period is sufficient to review the significant components of work
duties and to evaluate an employee's ability to perform the work.
The Fire Department, Police Department, and 9-1-1 Emergency Communications
Division all require their employees to complete extensive training prior to being allowed
to work as a firefighter, police officer, or dispatcher. Fire and 9-1-1 Emergency
Communications Division employees are required to complete a training program that
lasts approximately six months, and Police sworn employees are required to complete a
nine -month training program. Upon completion of the training program, Fire and Police
recruits also must obtain required certification prior to beginning work as a firefighter or
police officer.
Therefore, in order to allow the Fire Department, the Police Department, and the
9-1-1 Division six months in which to evaluate their employees' on-the-job performance,
the probation periods —which include the required training —must be twelve months for
Fire and 9-1-1 (six months training plus six months on the job) and fifteen months for
Police (nine months training plus six months on the job). Because paramedics hired by
the Emergency Medical Services Department are required to be pre -certified as
paramedics, the standard six-month probation period that applies to all other employees
is sufficient to enable EMS approximately six months in which to evaluate their
employees' on-the-job performance.
Finally, because the City Code currently restricts court leave, jury leave, and
funeral leave to permanent employees, and these changes would result in fire, 9-1-1,
and police employees not obtaining permanent status until twelve or fifteen months,
respectively, this ordinance also amends the Code to permit all employees with six
months of service the right to these types of leave.
■ Considerations: A survey of localities across the state reveals that a probation
period of more than six months is a common practice for public safety officers.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Attachment: Ordinance.
Recommended Action: Adoption /�� GG
Submitting Department/Agency: Chief Operating Officer (,(N1
City Manager:
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 2-83.1, 2-83.2, 2-83.3, 2-108
AND 2-132 OF THE CITY CODE PERTAINING
TO THE PROBATION PERIOD OF CERTAIN
PUBLIC SAFETY EMPLOYEES
SECTIONS AMENDED: §§ 2-83.1, 2-83.2, 2-
83.3, 2-108 AND 2-132
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 2-83.1, 2-83.2, 2-83.3, 2-108 and 2-132 of the
City Code are hereby amended and reordained to read as follows:
Sec. 2-83.1. Court leave.
All full—time r cr__.___cnt merit employees of the city who have
completed six (6) months employment following an original employment
or re-employment shall be eligible to receive paid court leave when
summoned to serve as witnesses in nonpersonal litigation. Any fees
received by such persons for service as witnesses shall be paid to
the city, or an equal amount shall be deducted from the employee's
pay.
Comment:
This amendment will grant court leave to all merit employees, regardless of probationary status,
once they have completed six months of employment with the City.
Sec. 2-63.2. Funeral leave.
All f•i-_ }_m- permanent merit employees of the city who have
completed six (6) months employment following an original employment
or re-employment shall be eligible to receive leave with pay upon the
death of a member of such employee's immediate family not to exceed
five (5) working days. Such leave cannot be saved and used at a later
date.
Comment:
This amendment will grant funeral leave to all merit employees, regardless of probationary status,
once they have completed six months of employment with the City.
Sec. 2-83.3. Jury leave.
All `ia—pL�anent merit employees of the city who have
completed six (6) months employment following an original employment
or re-employment shall be eligible to receive paid jury leave when
summoned to serve as jurors. Any fees received by such employees for
service as jurors shall be paid to the city or an equal amount shall
be deducted from the employee's pay.
Comment:
This amendment will grant jury leave to all merit employees, regardless of probationary status,
once they have completed six months of employment with the City.
Sec. 2-108. Probation period of employment.
The probation period for employees shall be defined as the
initial six (6) calendar months of employment following an original
employment or re-employment. The probation period for pve
and fire personnel and 9-1-1 emergency communications officers and
supervisors shall be twelve (12) calendar months of employment
following an original employment or re-employment. The probation
. period of sworn police personnel shall be fifteen (15)_ calendar
months of employment following an original employment or re-
employment. However, the probation period for all probation employees
shall be extended one (1) pay period for every fifteen (15)
consecutive calendar days a probation employee is on injury leave,
suspension, leave without pay, or sick leave status. Any salary
change which may occur upon 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 from six months to twelve months, and it will extend the probation period of sworn
police personnel from twelve months to fifteen months.
Sec. 2-132. Eligibility to utilize grievance procedure.
(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 the provisions of subsection (a), employees
(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 initial six (6) months of employment with the city (or the
hourly equivalent for part-time employees), with the exception
of pel-i-c-e and firer and 9-1-1 emergency communications
positions, in which designated employees serve a one-year
initial probationary period which follows any original
employment or re-employment and sworn police positions, in
which employees serve a fifteen -month probationary period which
follows any original employment or re-employment, as provided
for in Section 2-108.
Comment:
This amendment cross-references the change in probation period for 9-1-1 Emergency
Communications Division officers and supervisors and police officers.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of June, 2004.
APPROVED AS TO CONTENT: APPROVED AS TO
SUFFICIENCY:
Chief Operat�er
ICrcoG X
City Attorney's fice
CA-9263
R-6
June 29, 2004
GG/Agency Rep/Ords/Proposed/02-108ORD rev.doc
LEGAL
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment Request to maintain a fence and steps in right-of-way for
Starr L. Janicki
MEETING DATE: July 6, 2004
❑ Background:
Ms. Starr Janicki has requested permission to maintain a six-foot (6) privacy
fence and steps adjacent to 4809 Machen Avenue in an unimproved paper street
known as Machen Avenue in the Chesapeake Beach section of the City. The
encroachments have been in existence prior to Ms. Janicki buying the property.
Ms. Janicki filed an application with the Board of Zoning Appeals (BZA) for a
variance to add an addition to her home and it was approved December 17,
2003. In the process, it was discovered that the fence and the steps were
encroaching in the right-of-way. One of the conditions of the final occupancy
permit issuance was to remove the existing fence which has been in place for
more than twenty (20) years or apply for an encroachment.
❑ Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subjected to certain conditions outlined in the agreement.
There are similar encroachments throughout the Chesapeake Beach section of
the city.
❑ Public Information:
Advertisement of City Council Agenda.
❑ Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
Encroachment Request - Starr L. Janicki
Page 2
■ 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 DepartmentlAgency: Public Works I Real Estate
City Manager: IL
.1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 LOCATED AT 4809 MACHEN
7 AVENUE, BY STARR L. JANICKI, HER
8 HEIRS, ASSIGNS AND SUCCESSORS
9 IN TITLE
10
11 WHEREAS, Starr L. Janicki desires to maintain an existing fence and steps in
12 the City's right-of-way located at 4809 Machen Avenue.
13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
15 City's right-of-way subject to such terms and conditions as Council may prescribe.
16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
19 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Starr L. Janicki, her heirs,
20 assigns and successors in title are authorized to maintain a temporary encroachment
21 for a fence and steps in the City's right-of-way as shown on the map entitled: "Exhibit A,
22 PHYSICAL SURVEY OF LOTS 4, 5, & 6, BLOCK 3 BRADFORD TERRACE 4809
23 MACHEN AVENUE VIRGINIA BEACH, VIRGINIA FOR STARR L. JANICKE", a copy of
24 which is on file in the Department of Public Works and to which reference is made for a
25 more particular description; and
26 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
27 subject to those terms, conditions and criteria contained in the Agreement between the
28
29
30
31
32
33
34
35
City of Virginia Beach and Starr L. Janicki (the "Agreement'), 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; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as Starr L. Janicki and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
36 day of 2004.
37
38 APPROVED AS TO CONTENTS
39 C@' C,
40IG��NATURE
41 fib k>W Fad
42 DEPARTMENT
43
44 APPROVED AS TO LEGAL
45 SUFFICIENCY AND FOFW
46
47 CITY ATTORNEY
48
49 CAA3.45
50 PREPARED:5125/04
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a)(3)
AND 58.1-811(c)(4) RERVIBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made thi s a $day of �i�_ , 2004, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
STARR L. 7ANICKI, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNES SETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "LOTS 4, 5 & 6, BLOCK 3, MAP OF BRADFORD TERRACE AT
CHESAPEAKE BEACH," on a plat recorded in Map Book 9, at Page 55, in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described
as 4809 Machen Avenue, Virginia Beach, Virginia 23455.
WHEREAS, it is proposed by the Grantee to maintain an existing 6 wooden privacy
fence and entrance steps for the dwelling, "Temporary Encroachment", in the City of Virginia
Beach;
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach into a portion of an existing City right of way known as Machen Avenue, at the
front of 4809 Machen Avenue, "The Encroachment Area"; and
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 benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 1570-40-8678
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: "PHYSICAL
SURVEY OF LOTS 4, 5, & 6, BLOCK 3 BRADFORD
TERRACE 4809 MACHEN AVENUE VIRGINIA
BEACH, VIRGINIA FOR STARR L. JANICKE," a copy
of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the
notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the
Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of
the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
2
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000,00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
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 of local
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 herein above 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 of local or state taxes.
3
IN WITNESS WHEREOF, STARR L. JANICKI, the said Grantee has caused this
Agreement to be executed by her signature and seal duly affixed. Further, that the City of Virginia
Beach has caused this Agreement to be 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
Starr L. Janicki
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this � -3 day of
2004, by CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
rd
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH to -wit:
The foregoing instrument was acknowledged before me this day of
12004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
f-MMI
Notary Public
My Commission Expires:
STATE OF V wt t ci,
CITY/COUNT is n i c c c.�— to -wit:
The foregoing instrument was acknowledged before me this day of
�L 2004, by STARR L. JANICKI
aC
otary Public
My Commission Expires: 1 + 3i / 05-
APPROVED AS TO
LEGAL SUFFICIENC
CITY
5
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
IEREBY DECLARE THAT ON APR b. 2r.,A WE SURVEYED THE PROPERkY SHOWN HE- 'N.T'
THE WALLS OF THE BUILDING. Air. SHOWN, THAT THE BUILDING(S) STAHL .ICN
S AND 'THERE ARE NO ENCROACHMEN'S OTHER BUILDINGS ON THE PROPER I
PRINCIPLE STRUCTURES SHOWN APPi:AR TO FALL WITHIN ZONE X . AS S t PeG.1iijr
CEMENT AGENCY. FLOOD INSURANCE RAPE MAP FOR THE CITY STATED 04. COMMUNI
D�"-3.70 .ANDLAST REVISED 12 5.96
iti '� E 9 16
ENGINEERING SERVICES. INC. - BYt .
LtSNiNL� �. a-- VAR. GRAN I tU J
YAP.GSti' �Cu S FRGIn�
SIDE
G
total Lot Area:
,x sting 1" Floor Living Area:
'roposed Addition
Coral Enclosed Stoni;e Areas:
Coral Enclosed Lot Coverage:
Cotal Proposed Lot :�overagc
I TITLE REPORT WAS FURNISHED TO
E SURVEYOR PRIOR TO THE EXECUTION
THIS SURVEY. .45
7HE TITLE LINES
11 THE TITLE
SHOWN. AND THAT
RAL EMERGENCY
S% 515531
engineering services Inc
NeAdtcNp Qgnney, Jr.
(�(e�+, w�. Coob�
Exhibit A, `
F)HYSICAL SURVEYor-
TS 4,S.t (a, BLOCK 3 526I
11FIADFORD TERRACL
460g MACNEN AVENUE
VIRGIMIA BEACH,V12G'FN
FOR
!STARR L. JANICKE
mj ergineering services Inc
J CIilL ENGINEERING -LAND SURVEYING
3351 STONESHORE ROAD pa
VIRGIm A BEACH VIRGINIA 23452 (804)468-6800 �b3
J, 03103 JCATE, 4:•7=03 ISCALE, 1` 25• 1I)WNI c.n_ I MADCnnV 0 ..�
4809 MACHEN AVENUE
Fence along the southwest right-of-way at Machen Avenue
The steps at the front door at Machen Avenue
►I
00
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CD❑ - -
PI
LOCATION MAP
- SHOWING
,7PORTION OF MACHEN AVENUE TO
ENCROACHED INTO BY
\, �STARR L. JANICK� ;
AT
4809 MACHEN AVENUE
ill 2001
0
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as may.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Cape Story by the Sea Drainage Improvements (CIP 2-014), and Goodspeed Road Drainage
Improvements (CIP 2-021) Fund Appropriation
MEETING DATE: July 6, 2004
■ Background: The Storm Water Management Capital Improvement Program has progressed
such that several projects are in the construction phase. The Cape Story by the Sea Drainage
Improvements and Goodspeed Road Drainage Improvements projects were identified and included in the
Storm Water Management Capital Improvements Program in the late 1990's. These two projects were
advertised for construction bids during the fourth quarter of FY 2003/04. During the past year the
construction bid prices for storm water management capital projects have increased an average of 51 %
over the engineer's estimate. The increase in the construction costs is due to a combination of increased
material costs, and the higher demand for pipe construction contractors in the tidewater area. The
increase in construction costs has exceeded the funds available for construction of Cape Story by the
Sea Drainage Improvements (7-014) and Goodspeed Road Drainage Improvements (7-021).
■ Considerations: An appropriation is necessary to proceed with construction and complete the
Cape Story by the Sea Drainage Improvements, and Goodspeed Road Drainage Improvements projects.
Funds are available in the Storm Water Utility Unrestricted Fund Balance. The attached ordinance will
appropriate the following amounts from the Storm Water Utility Unrestricted Fund Balance: appropriate
$395,000 to the Goodspeed Road Drainage Improvements (7-021) project (total project CIP estimate
$1,215,000), and appropriate $455,000 to the Cape Story by the Sea Drainage Improvements (7-014)
project (total CIP project estimate $1,272,000).
■ Public Information: Both projects were established and were included in the Storm Water
Management CIP in the late 1990's. During the design phase numerous project information meetings
were held with the Cape Story by the Sea, and Princess Anne Hills Civic Leagues. Both Civic Leagues
support their respective project.
■ Alternatives: if the ordinance is not approved, the scope of the projects can be reduced to
match existing project funding. However, although some drainage infrastructure improvements can be
installed, the neighborhoods will continue to experience long duration flooding.
■ Recommendations: Approve the ordinance to appropriate funds from the Storm Water Utility
Unrestricted Fund Balance: $395,000 to Goodspeed Road Drainage Improvements (7-021), and
$455,000 to Cape Story by the Sea Drainage Improvements (7-014) projects to move forward with the
construction and completion of both projects.
■ Attachments: Ordinance, Location Maps
Recommended Action: Approve Ordinance
Submitting Department/Ag ncy: Public Works
City Manager: Cz t; V, - w1"i �_1I
1 AN ORDINANCE TO APPROPRIATE $850,000
2 OF FUND BALANCE FROM THE STORM WATER
3 UTILITY FUND TO TWO STORM WATER
4 CAPITAL PROJECTS TO COVER INCREASED
5 CONSTRUCTION COSTS
6
7
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA-
11 1. That $850,000 of fund balance in the Storm Water
12 Utility Fund is hereby appropriated to the FY 2004-05 Capital
13 Budget in the amounts and to the projects as follows: $455,000
14 to CIP project #7-014, "Cape Story by -the -Sea Drainage
15 Improvements," and $395,000 to CIP project #7-021, "Goodspeed
16 Road Drainage," to cover increased construction costs for the
17 projects.
18 2. The revenue from fund balance in the Storm Water
19 Utility Fund is hereby increased in the FY 2004-05 Capital
20 Budget by $850,000.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia on the day of 2004.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
W✓ 1 4::�r LCR
*Lf2.9
Management
Services
ity AttSr ey
CA-9310
June 25, 2004
R3
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Appropriate $314,530 from the State Compensation
Board and $979,579 from the Fund Balance of the Sheriff's Special
Revenue Fund and to Transfer $50,220 from the General Fund
Reserve for Contingencies to the Sheriff Department's FY 2004-05
Operating Budget to Advance Pay Increases, Purchase Equipment
and Pay Overtime Expenses
MEETING DATE: July 6, 2004
■ Background:
This year the Virginia General Assembly ultimately passed its budget after the City
budget was adopted. The State budget included a 4.82% increase in the Deputies
"Compensation Board" salary effective December 1, 2004. The projected amount of
additional revenues to be provided by the State for the salary increase amounts to
$314,530. The Sheriff proposes accelerating the date of the increase to July 1, 2004
using the Sheriff's Special Revenue Fund balance to finance in the increase in salary
cost. The City's General Fund would be responsible for fringe benefit costs not funded
by the Compensation Board.
■ Considerations:
To institute the Compensation Board salary increases on July 15t as opposed to
December 151, additional appropriations in the amount of $538,055 would need to be
allocated to the Sheriffs FY 2004-05 Operating Budget. This increase would be
financed from $314,530 in increased State revenue, $173,305 from Sheriffs Special
Revenue fund balance and $50,220 from the City's General Fund. The $173,305 would
be provided in FY 2005-06 by the state; therefore the fund balance of the Sheriffs
Special Revenue Fund would only be needed to provide bridge funding until the state
revenue is available.
In addition the Sheriff has identified other needs totaling $806,274 that should be
addressed in FY 2004-05. As detailed on the attached cost summary, these items
include replacement of bullet and stab resistant vests, replacement of gas masks and
the payout of overtime to reduce manpower shortages.
■ Public Information:
Public information will be handled through the normal agenda process.
■ Recommendations:
It is requested that the City Council appropriate $314,530 from the State Compensation
Board, appropriate $979,579 from the Sheriffs Special Revenue Fund undesignated
fund balance, and transfer $50,002 from the General Fund Reserve for Contingencies
to the Sheriffs Office FY 2004-05 budget. This equates to a total increase to the
Sheriffs FY 2004-05 operating budget of $1,344,111.
■ Attachments:
Ordinance
Spreadsheet outlining one-time expenditures requested from the Sheriffs Office
undesignated fund balance.
Recommended Action: Approval
Submitting Department/Agency: Sheriffs Department
City Manager t-D2
H/PA/GG/Ordsres/Arfs/Sheriff Salary Increase ARF
1 AN ORDINANCE TO APPROPRIATE $314,530 FROM
2 THE STATE COMPENSATION BOARD AND $979,579
3 FROM THE FUND BALANCE OF THE SHERIFF'S
4 SPECIAL REVENUE FUND AND TO TRANSFER $50,220
5 FROM THE GENERAL FUND RESERVE FOR
6 CONTINGENCIES TO THE SHERIFF'S DEPARTMENT'S
7 FY 2004-05 OPERATING BUDGET TO ADVANCE PAY
8 INCREASES, PURCHASE EQUIPMENT AND PAY
9 OVERTIME EXPENSES
10
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 1. That $314,530 in revenue from the State Compensation
14 Board is hereby appropriated to the Sheriff's
15 Department's FY 2004-05 operating budget for to fund pay
16 raises for Sheriff's employees, with state revenue
17 increased accordingly.
18 2. That $979,579 is hereby appropriated from the fund
19 balance of the Sheriff's Special Revenue Fund to the
20 Sheriff's Department FY 2004-05 operating budget for the
21 purposes of providing (i) one-time funding so that the
22 pay raises for uniformed personnel may begin July 1, 2004
23 instead of December 1, 2004, (ii) a one-time payment of
24 overtime expenses, and (iii) funds to purchase various
25 equipment, with revenue increased accordingly.
26 3. That $50,220 is hereby transferred from the General Fund
27 Reserve for Contingencies to the Sheriff's Department FY
28 2004-05 operating budget to fund the costs of the fringe
29 benefits that are associated with advancing the effective
30 date of pay increases for Sheriff's personnel.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia on the day of , 2004.
Approved as to Content: Approved as to Legal
Sufficiency:
Anepartmt of Management Services Department o Law
CA9309
H/PA/GG/Ordsres/Sheriff Salary Increase Ord
R-4
June 24, 2004
VIRGINIA BEACH SHERIFF'S OFFICE FY 04105 REQUEST
Item
VBSO Fund Balance
State Funding
Local Funding
Salary increase from State Compensation
Board effective December 1, 2004
$0.00
$314,530,00
$29,295.00
Accelerate salary increase from State
effective July 1, 2004
$173,305.00
$0.00
$20,925.00
Replace bullet resistant, stab resistant
vests @ $575 per x 372
$213,900.00
$0.00
$0.00
Replace gas masks to OSHA approved
units @ $245.50 x 400
$98,200.00
$0.00
$0.00
Overtime for deputies to compensate for
shortage of manpower and overcrowding
$494,174.00
$0.00
$0.00
TOTALS
$979,579.00
$314,530.00
$50,22000
,emu
S
♦y y
4\7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Appropriate $144,100 from the Fund Balance of the Inmate
Services Fund to the Sheriff Department's FY 2004-05 Operating Budget
to Fund Increased Services Provided Through the Inmate Medical
Contract
MEETING DATE: July 6, 2004
■ Background:
The Sheriff's Office receives revenues from a number of sources for the various services it
provides each of which can be subject to fluctuation. This mandates that sound fiscal policy be
conservative with spending and aggressive with revenue generation. Occasionally, an increase
in the demand for a service causes an increase in certain expenditures which in some cases
can be offset by the revenue supporting the service. A corresponding increase in appropriations
and revenue would be needed to respond to the increase in demand.
■ Considerations:
Expenses are very difficult to predict due to population fluctuations and unforeseen events
within a population group. The Correctional Facility presently has 45 chronically mentally ill
inmates under the direct supervision of our medical contractor, Correctional Medical Services.
Of the 45 chronically mental ill inmates, 10 have been awaiting restoration to competency
through services from Eastern State or Central State Mental Hospitals since early this year. In
order for the Sheriff's Office to respond to this increase in demand for mental health services it
is necessary to increase the number of psychiatrist and social work hours and add a full time
deputy to provide support for the expanded hours.
In addition, expansion of the substance abuse service is required to accommodate the
additional male and female inmates requesting participation in this program.
■ Public Information:
Public information will be handled through the normal agenda process
■ Recommendations:
It is recommended that the City Council appropriate $144,100 from the fund balance of the
Inmate Services Fund and transfer that amount to the Sheriff's Office FY 2004-05 operating
budget to cover the increase in the services provided through the Sheriff's medical contract.
■ Attachments:
Ordinance
Cost Summary
Recommended Action:
Submitting Department/Agency:
City Manager
H/PA/GG/ordsres/arfs/Inmate Services ARF
1 AN ORDINANCE TO APPROPRIATE $144,100 FROM
2 THE FUND BALANCE OF THE INMATE SERVICES FUND
3 TO THE SHERIFF DEPARTMENT'S FY 2004-05
4 OPERATING BUDGET TO FUND INCREASED INMATE
5 MEDICAL SERVICES
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That $144,100 is hereby appropriated from the fund balance
10 of the Inmate Services Fund to the Sheriff Department's FY 2004-
11 05 Operating Budget to fund additional inmate medical services,
12 with revenue increased accordingly.
13
Adopted by
the Council of
the City of Virginia Beach,
14
Virginia on the
day of
, 2004.
Approved as to Content: Approved as to Legal
Sufficiency: /
Department of Management Department of aw
Services
CA9308
H/PA/GG/Ordsres/Inmate Services ORD
R-3
June 24, 2004
CITY OF VIRGINIA BEACH, VIRGINIA
COMBINING BALANCE SHEET
NONMAJOR SPECIAL REVENUE FUNDS
JUNE 30, 2003
Federal
Housing
DEA Seized
Access Channel
Assistance
Property
Support
Grant
Sportsplez
Police Airplan
ASSETS
Cash and Investments
$
569,947
$
6,242
$
-
$
388,872
$
Restricted Cash
-
-
_
Accounts Receivable
-
-
889
-
75,510
Interest Receivable
-
-
_
Loans Receivable
Due from Commonwealth
-
-
-
-
55,096
Due from Federal Govemment
-
-
1,166,637
-
-
Inventancs
125
Total Assets
$
569,947
$
6,242
$
1,167,526
$
388,997
$
130,606
LIABILITIES AND FUND
BALANCES
Liabilities:
Vouchers and Accounts Payable
$
475
$
-
$
55,461
$
14,139
$
58,012
Due to Other Funds
-
-
1,112,065
-
72,594
Due to Commonwealth
-
-
_
_
_
Due to Federal Government
Deferred Revenue
Total Liabilities
$
475
$
$
1,167,526
$
14,139
$
130,606
Fund Balances:
Reserved for:
Encumbrances
$
-
$
-
$
-
$
13,499
$
-
Loans
_
_
-
Unreserved:
Designated for Special Projects
-
-
_
Undesignated
569,372
6,242
361,359
- ±f
Total Fund Balances
$
569,372
$
6,242
$
-
S
374,858
$
-
TOTAL LIABILITIES AND
FUND BALANCES
S
569,847
$
6,242
$
1,167,526
$
389,997
$
130,606 - � %
Exhibit 17
CITY OF VIRGINIA BEACH, VIRGINIA
COMBINING BALANCE SHEET
NONMAJOR SPECIAL REVENUE FUNDS
JUNE 30, 2003
Federal Section
Comprehensive
Sheriff's
Parks and
Sub -Total
Eight Program
Services Act
Department
Inmate Telephone
Recreation
(continued)
$ _
$ -
$ 3,272,136
$ 529,541
$ 3,401,897
$ 11,454,269
_
-
_
-
7,322,444
_
-
38,018
42,628
75,155
1,098,018
-
140
-
140
_
-
_
-
1,230,266
_
1,708,001
827,354
-
-
3,472,029
1,221,114
-
35,205
-
-
4,424,941
-
-
1,507
,±: $ 1,221,114
$ 1,708,001
$ 4,172,713
$ 572,309
$ 3,477,052
$ 29,003,613
$ 27,494 $ 924,910 $ 312,176 $ 10,600 $ 452,583 $ 3,213,337
1,139,654 253,986 - - - 4,432,801
_ _ - - 3,307 206,125
- 19,042
32,156 - - 109,194 823,304
S:. 1,167,138 $ 1,211,052 $ 312,176 $ 10,600 $ 565,074 $ 8,694,609
$ - $ 57,100 $ 4,921 $ 221,400 $ 612,880
- - 1,178,859
- 7,141,596
53,976 496,949 3,803,437 556,788 2,690,578 11,375,669
53,976 $ 496,949 $ 3,860,537 $ 561,709 $ 2,911,978 $ 20,309,004
$ 1,708,001 $ 4,172,713 $ 572,309 $ 3,477,052 $ 29,003,613
At{,
x`sl
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: National Urban Search and Rescue Response System Activation
MEETING DATE: July 6, 2004
■ Background:
The City of Virginia Beach is the sponsoring agency for VA -Task Force 2, Urban Search and
Rescue Team. Senior members of the Team are pre -selected by the Department of Homeland
Security/Federal Emergency Management Agency (FEMA) Operations to participate in Incident
Support Teams (IST) that serve to oversee specific large-scale incidents involving multiple
federal response agencies. The United States assumed the Presidency of the G-8 and hosted
this international summit, attended by many international Leaders. An IST from Virginia Task
Force 2 was activated to support Federal security efforts at the summit in Brunswick, Georgia
on June 6-11. 2004.
■ Considerations:
As the sponsoring agency, the City of Virginia Beach is responsible for administrative and fiscal
management of the team and its assets. Consistent with previous deployments, DHS/FEMA
has authorized the reimbursement of all expenses to support the participation of Team
members who deploy as members of the Incident Support Team.
■ Public Information:
Public Information will be handled through the normal Council Agenda process.
■ Alternatives:
The City's designation as Sponsoring Agency for FEMA VA-TF2 is a pre -arranged relationship
and obligation between the City of Virginia Beach and DHS/FEMA.
■ Recommendations:
Approve and appropriate $12,000 to cover pre -deployment expenses for VA-TF2.
■ Attachments:
Ordinance
Activation Order notification memo from FEMA
Recommended Action: Approval
Submitting Departmme,����ntt/A````gen'c/y: Fire Department k '�
City Manager.
H:\PA\GG\ORDRES\ARF'S\G8 Summit Deployment ARF.DOC
I AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $12,000 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2004-05 OPERATING BUDGET
5 FOR REIMBURSEMENT OF DEPLOYMENT EXPENSES
6
7 WHEREAS, the Federal Emergency Management Agency ("FEMA")
8 issued an alert order for members of the FEMA Urban Search and
9 Rescue Virginia Task -Force 2 and has approved $12,000 in
10 reimbursement costs.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That $12,000 in reimbursement revenue from the Federal
14 Emergency Management Agency is hereby appropriated to the Fire
15 Department's FY 2004-05 Operating Budget for costs associated
16 with the deployment of members of the FEMA urban search and
17 rescue team, with federal revenue increased accordingly.
18
Adopted by the
Council of
the City of Virginia Beach,
19
Virginia on the
day of
, 2004.
Approved as to Content:
Department of Management Services
CA-9302
R2-June 24, 2004
H:\PA\GG\ORDRES\G8 Summit Deployment ORD.doc
Approved as to Legal
Sufficiency:
Z4�� S_� �, //,
CityCity Attorne
agrAr�Eh ..
Department of Homeland Security
Federal Emergency Management Agency
$ Washington, D.C.20472
MAY 2 4 2004
ACTIVATION ORDER
MEMORANDUM FOR: National Urban Search and Rescue Response System
White Incident Support Team (,1ST) - A
(See Attached List)
FROM: Michael Tarnillow
Section Chief
Urban Search and Rescue Section
Incident Type / Location: IST activation in support of the G-8 Summit in Brunswick,
GA.
Background: President Bush will host the 30th G-8 Summit in Sea Island, Georgia on
June 8-10, 2004, after the United States assumes the Presidency of the G-8 from France
at the beginning of 2004. The G-8 Summit brings together the Leaders of the world's
major industrial democracies: Canada, France, Germany, Italy, Japan, Russia, the United
Kingdom, and the United States. The European Union also attends the G-8 Summit,
represented by the President of the European Commission and the Leader of the country
holding the Presidency of the European Council. At previous G-8 Summits, Leaders have
discussed a wide range of international economic, political, and security issues. The city
of Savannah will host some members of country delegations, as well as the domestic and
international press corps.
The ESF-9 Leader for this activation is Dave Webb, and the Deputy ESF-9 Leader is
Peter Smalley. The IST Leader is Rick W arford. The ESF-9 Leader can be reached on
his cell phone at (202) 731-0638 or by pager at 800-759-8888, pin #: 2070977. The
Deputy ESF-9 can be reached on his cell phone at 202-309-1962 or pager at 800-759-
8888, pin #: 1847836. The IST Leader can be reached by cell phone at (909) 213-1191
and pager at (800) 759-8355, pin #1847209 .
The FL-TFI Task Force has also been activated.
Instructions: This is an Activation Order for the White IST. This order is effective 0001
hours on June 6 and will end on Tune I I at 2400 hours. Your travel arrangements should
made through National Travel at 800-294-8283, per the invitational travel letter. Your
point of arrival is Brunswick, GA. Representatives of the IST-A will coordinate ground
transportation arrangements and meet you there.
Reimbursement of salaries, benefits and backfill costs for this mission will be in
accordance with the Cooperative Agreement and Memorandum of Agreement between
FEMA and the sponsoring agency for your task force. You do not have authorization for
emergency procurement of equipment and supplies.
Any questions concerning this Activation Order should be addressed to the US&R
Program Office at (202) 646-3498.
cc: Deder Lane Region IV
........._.............:..:.. .... ......_. ......
U.S. Department of Homeland Security
Federal Emergency Management Agency
National Urban Search and Rescue Response System
Invitational Travel Authorization Letter
US&R Incident Support Team
G8 Summit
Brunswick, GA
June 3-12, 2004
Alphabetical Listing of Travelers:
Danielson, Mark
Endrikat, Fred
Forsyth, Donald
Garzon, Hernando
u ert, drew
Leap, Richard
Loveland, Jeffrey
Macintyre, Anthony
McCarthy, Frank
McCarty, Michael
Miner, Thomas
O'Connell, John
Odgers, David
Perks, Dewey
Sargent, Chase
Sekins, Glen
Shariff, Alim
Stutz, Daniel
Warford, Richard
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWARD/AMENDMENT
1. ASSISTANCE INSTRUMENT
2. TYPE OF ACTION
El
Q COOPERATIVE AGREEMENT
❑ GRANT
❑ AWARD AMENDMENT
3. INSTRUMENT NUMBER
4. AMENDMENT NUMBER
5. EFFECTIVE DATE 6. CONTROL NUMBER
EMW-2003-CA-0111
M001
See Block 21 W377954Y
7. RECIPIENT NAME AND ADDRESS
B. ISSUING/ADMIRSTRATION OFFICE
Virginia Beach Fire Department
Federal E]nersency Management Agency
Financial & Acquisition Management Div
Attn: Mark Piland
Grants Management Branch
VA TF-2
Special Operations, Municipal Center
500 C Street, S.W., Room 350
2408 COUthOuse Drive, Building
421
Washington DC 20472
Virginia Beach VA 23456-9065
Specialist Tamia Minor 202. 646.4316
9. RECIPIENT PROJECT MANAGER
10. FEMA PROJECT OFFICER
Mark Piland 752-427-0693
Wanda L. Casey, 202-646-4013
11. ASSISTANCE ARRANGEMENT
12. PAYMENT METHOD
13. PAYMENT OFFICE
Q COST REIMBURSEMENT
x❑ TREASURY CHECK
Federal Emergency Management Agency
❑ COST SHARING
REIMBURSEMENT
Accounting Services Division
Disbursement & Receivables Branch
❑ FIXED PRICE
❑ ADVANCE CHECK
Soo C Street, S.W., Room 723
❑ OTHER
❑ LETTER OF CREDIT
Washington DC 20472
14. ASSISTANCE AMOUNT
15. ACCOUNTING & APPROPRIATION DATA
PREVIOUS AMOUNT
$10,066.00
See Continuation Page
AMOUNT THIS ACTION
$12,000.00
$22, 066.00
TOTAL AMOUNT
16. DESCRIPTION OF PROJECT
The purpose of this amendment M001 is to provide funding for the VA-TF 2 for support to.
HSR-9 during USR support to the G-S summit to he held in Srunswick, GA June 6-11, 2004.
All other terms and conditions remain in effect and unchanged.
END OF MODIFICATION 001.
17. RECIPIENT REQUIREMENT
Q RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUINGIADMIN OFFICE IN BLOCK B.
❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT.
1S. RECIPIENT (type name antl 00e) rtg. ASSISTAN E —OFFICER (Type name and We
Sylvia A. Carroll
Assistance Officer
JUL B4,
<1;In
CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: Transfer of $182,293 to the Department of Public Works' Waste
Management Division's FY 2004-05 Operating Budget to Fund Increased Waste
Disposal Costs
MEETING DATE: July 6, 2004
■ Background:
In FY 2001-02, the tipping fee charged to members (Virginia Beach, Norfolk,
Portsmouth, Chesapeake, Franklin, Southampton and Isle of Wight Counties)
of the Southeastern Public Service Authority (SPSA) was proposed to
increase from $57 to $74 per ton. A contract was negotiated and executed
with the private waste haulers in FY 2001-02 that resulted in a five-year
agreement for private waste haulers to pay $28 per ton in FY 2001-02 and
increase each year to $42 in FY 2005-06. This agreement allowed, but not
required, for SPSA members' rates to be decreased beginning July 1st of
each fiscal year from $57 in FY 2001-02, $55 in FY 2002-03, $49 in FY 2003-
04, $45 in FY 2004-05 and $42 in FY 2005-06. The proposed rate to begin
July 2004 was to be $45 per ton.
The SPSA staff recommended maintaining the existing 2003/2004 rate of $49
per ton. After many work sessions, it appeared that the proposed fee of $45
would be implemented. However, at the May 26, 2004 Board meeting, the
SPSA members from Norfolk, Chesapeake, and Virginia Beach made two
attempts to enact the $45 rate, but both votes ended in a 4-4 split vote.
Another vote was taken recommending a rate of $46, which passed.
All SPSA members have an agreement executed in 1984 that requires 95%
of the solid waste in each community to be delivered to SPSA through 2017.
In past years, Virginia Beach has saved approximately $500,000 annually by
disposing of the remaining 5% of its residential waste stream in Landfill II. For
FY 2004-05, residents of the City are estimated to produce 210,822 total tons
of waste of which 10,541 tons (5%) would be disposed of at the Landfill II at
no charge to the City, and the remaining 200,281 tons (95%) would go to
SPSA for disposal in the form of regular waste (172,184 tons) and yard waste
(38,638 tons). In addition, we maximize the contract curbside recycling
program to reduce the amount of waste delivered to SPSA (over 36,000 tons
are anticipated to be recycled in FY 2004-05).
■ Considerations:
The FY 2004-05 Operating Budget funded $8,706,261 for SPSA waste
disposal costs based on the $45 per ton rate for regular waste and $35 per
ton for yard waste; however based on the enacted rate of $46 per ton for
regular waste, a total of $8,889,154 will be required or an additional
$182,893.
■ Public Information:
Public information will be handled through the normal Council agenda
process.
■ Alternatives:
We are obligated to deliver solid waste to SPSA by agreement. No
alternatives are available, except use of Landfill If for 5% of the waste and
maximizing the recycling program.
■ Recommendations:
Adopt the ordinance transferring $182,893 from the General Fund Reserve
for Contingencies to the FY 2004-05 Operating Budget of the Department of
Public Works Waste Management Division.
■ Attachments: Ordinance
Recommended Action: Adopt Ordinance
Submitting DepartmentJAgency: Public Works/Waste Management
City Manager: <Z
V ' 7E360014L
1
2
3
4
5 AN ORDINANCE TO TRANSFER $182,893 FROM THE
6 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
7 FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT
8 OF PUBLIC WORKS WASTE MANAGEMENT DIVISION TO
9 FUND INCREASED WASTE DISPOSAL COSTS
10
11 WHEREAS, the Southeastern Public Service Authority's tipping
12 fee for the disposal of regular waste has risen to $46.00 per
13 ton, and $182,893 will be needed to cover increased waste
14 disposal costs.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA,
17 That $162,893 is hereby transferred from the General
18 Fund Reserve for Contingencies to the Department of Public Works
19 Waste Management Division's FY 2004-05 Operating Budget to fund
20 increased waste disposal costs created by the rise in SPSA's
21 tipping fee.
22
23
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the day of 2004.
26
27
28
29 Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY:
30
31
32 QA
33 Management Services City Attorn'sjOffice
34
35
36 CA-9292
37 H:\PA\GG\ORDRES\PW SPSA Tipping Fee ORD.doc
38 R2
39 June 18, 2004
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Supporting the Development of a Health Campus at Princess Anne
Commons
MEETING DATE: July 6, 2004
■ Background:
The development of the Princess Anne Health Campus is critical to the City's
vision for the Princess Anne Commons area which includes athletic, entertainment,
educational and comprehensive health care services. Also, the southern portion of the
City of Virginia Beach is currently under -served by needed health care facilities.
■ Considerations:
The proposed Health Campus will serve the southern corridor of the City, which
is projected to have a population of 200,000 by 2008. It will also offer employment to
more than 1600 persons at above average levels of compensation.
■ Public Information:
To be publicized as a routine agenda item.
■ Attachments:
Resolution
Recommended Action: N/A
Submitting Department/Agency: City Council
City Manager:
Requested by Councilmember Jim Reeve
1 RESOLUTION SUPPORTING THE DEVELOPMENT OF A
2 HEALTH CAMPUS AT PRINCESS ANNE COMMONS
3 WHEREAS, the development of the Princess Anne Health Campus
4 ("Health Campus") is essential for the southern corridor of the
5 City, which is projected to have a population of more than 200,000
6 persons by 2008;
7 WHEREAS, the Health Campus is consistent with the City's
8 vision for the area, and compatible with adjacent educational and
9 technology institutions;
10 WHEREAS, the Health Campus will provide technologically
11
advance programs and services,
ensuring
opportunities
for
local
12
graduates and employment for
more than
1600 persons
at
above
13 average levels of compensation; and
14 WHEREAS, Sentara is a good community partner, providing health
15 care for all persons, regardless of ability to pay.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
17 OF VIRGINIA BEACH:
18 That the City Council strongly supports Sentara in its plans
19 for a Princess Anne Commons Health Campus and endorses its
20 Certificate of Needs applications, including the planned hospital.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 6th day of July, 2004.
23 CA9319
24 ordin/noncode/Princess Anne Commons2.Res
25 July 1, 2004
26 R-1
27
28 APPROVED AS TO LEGAL SUFFICIENCY
29 of - A 1.civwj
30 City Attorney's Of ce
2
K. PLANNING
Ordinances re City Zoning Ordinance (CZO)
a. AMEND § 215 re the removal of abandoned nonconforming signs
b. REPEAL § 250, 251, 252, 253 and 506 re Open Space Promotion option
2. Applications for Variances to §4.4(b) that require all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO)
a. GEORGE L. WADSWORTH, JR. & ROBERT A. WADSWORTH, II at
West Gibbs Road, west of Blackwater Road
(DISTRICT 7 — PRINCESS ANNE) .
b. CKC PROPERTIES, L.L.C. 2533 Virginia Beach Boulevard
(DISTRICT 6 — BEACH)
Application of WAL-MART STORES, INC. re Conditional Use Permit for a bulk
storage yard at 2021 Lynnhaven Parkway.
(DISTRICT 1 — CENTERVILLE)
4. Application of ALLTEL COMMUNICATIONS OF VIRGINIA NO. 1, INC. re
Conditional Use Permit for a communication tower (extension) at 3308 Heffington
Drive
(DISTRICT 7 — PRINCESS ANNE)
Application of TIDEWATER IMPORTS, INC. re Conditional Use Permit for
motor vehicle sales and service at 3148 and 3152 Virginia Beach Boulevard
(DISTRICT 5 — LYNNHAVEN)
6. Application of KENNETH A. HALL re Conditional Use Permit for motor vehicle sales
at 3252 Virginia Beach Boulevard
(DISTRICT 5 — LYNNHAVEN )
7. Applications of DAVID P. MAHER on the west side of Oceana Boulevard, south of
Beacons Reach Drive:
(DISTRICT 6 — BEACH)
a. Change of Zonink District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District
THE BEACON
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
Municipal Center, 2401 Courthouse Drive, Tuesday, July 6,. 2004, at
6:00 p.m. The following applications will be heard:
DISTRICT 6- BEACH
1. David P. Maher Application: Change of Zoning District Classifica-
tion from AG-2 Agricultural to Conditional B-2 Community Business on
property located on the west side of Oceans Boulevard. The.Compre-
hensive Plan designates this site as being part of the Primary Residen
tial Area, suitable for appropriately located suburban residential and
non-residential uses consistent with the policies of the Comprehen-
sive Plan.
2. DAVID P. MAHER
David P. Maher Application: Conditional Use Permit for motor vehicle
sales on the west side of Oceana Boulevard.
3- Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for CKC Proper-
ties, L.L.C. at 2533 Virginia Beach Boulevard .
DISTRICT 1- CENTERVILLE
4. Wal-Mart Stores, Inc. Application: Conditional Use Permit for a bulk
storage yard at 2021 Lynnhaven Parkway.
DISTRICT 7 - PRINCESS ANNE
5. Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for George L.
Wadsworth, Jr- and Robert A. Wadsworth, II, on the west side of West
Gibbs Road.
6. Alltel Communications of Virginia No. 1, Inc., Application: Condi-
tional Use Permit for a communications tower (extension) at 3308 Hef.
fington Drive.
DISTRICT 5 - LYNNHAVEN
7. Tidewater Imports, Inc. Application: Conditional Use Permit for
motor vehicle sales and service at 3148 and 3152 Virginia Beach Bou-
levard.
8. Kenneth A. Hall Application: Conditional Use Permit for motor
vehicle sales at 3252 Virginia Beach Boulevard
9. CITY OF VIRGINIA BEACH
Ordinance to amend Chapter 215 of the City Zoning Ordinance pertain-
ing to the removal of abandoned nonconforming signs.
10. CITY OF VIRGINIA BEACH - OPEN SPACE PROMOTION REPEAL
Ordinance to Repeal Sections 250, 251, 252, 253 and 506 of the City
Zoning Ordinance pertaining to the Open Space Promotion Option.
All interested parties are invited to attend.
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are
on file and may be examined in the Department of Planning. For
information call 4274621. -
If you are physically disabled or visually impaired and need assis-
tance at this meeting, please call the CITY CLERK'S OFFICE at
427-4303. Healing impaired, call: TDD only at 427-4305. (TDD -
Telephonic Device for the Deaf).
The Planning Commission Agenda is available through the City's Inter-
net Home Page at -
http�//w vbgovcom/dent/planning/current/planning/defaultasp
Beacon June 20 and 27, 2004 11587467
Zoning History
`y. `o s e George L. Wadsworth r. Robert A. Wadsworth 11
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: George L. Wadsworth, Jr. & Robert A. Wadsworth, II — Subdivision
Variance
MEETING DATE: July 6, 2004
■ Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for George L. Wadsworth, Jr. and Robert A.
Wadsworth, II. Property is located on the west side of West Gibbs Road,
approximately 2640 feet west of Blackwater Road (GPINS 13972533170000;
13972542830000). DISTRICT 7 — PRINCESS ANNE
■ Considerations:
The existing lots were subdivided by deed in 1970. It was not discovered that the
subdivision by deed was illegal until the applicants applied for building permits to
construct their homes on the lots. A Subdivision Variance is required so that the
lots may be legally recorded by plat in the Clerk of the Circuit Court's office.
The approval of this variance request will rectify a currently illegal subdivision
created through deed, and clear the titles for the property owners. The adjoining
lots are already built upon; thus, there is no opportunity for the applicants to
expand their lots to better conform to the requirements of the Zoning Ordinance.
The lots are similar in size and configuration to other rural single-family lots in the
immediate area.
The Planning Commission placed this item on the consent agenda because this
request will correct an illegal subdivision and the Commission determined that a
hardship justifying the variance was present. Staff recommended approval.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
■ Attachments:
Staff Review
George and Robert Wadsworth
Page 2 of 2
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department*
l
City ManagerL
H23-210-SVR-2004
GEORGE L. WADSWORTH, JR. &
ROBERT A. WADSWORTH, II
Agenda Item # 15
June 9, 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.
Location and General Information
REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
LOCATION: Property
located on the
west side of
West Gibbs
Road,
approximately
2,640 feet west
of Blackwater
Road
Stan n . George L. Wadsworth Jr. Robert A. Wadsworth. H
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GPIN: Parcel A — 13972533170000
Parcel B — 13972542830000
WADSWORTH
Agenda Item # 15
Page 1
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
EXISTING
LAND USE
SURROUNDING
LAND USE AND
ZONING:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
AICUZ:
7 — PRINCESS ANNE
Parcel A — 2.748 acres
Parcel B — 1.740 acres
Vacant farmland
North:
South
East:
West:
• Single-family Dwelling and Farmland / AG-2
Agricultural
• Single-family Dwelling and Farmland / AG-2
Agricultural
• West Gibbs Road
Across West Gibbs Road is Farmland / AG-2
Agricultural
• Farmland / AG-1 Agricultural
The sites are slightly wooded and grassy. There are no significant
natural resources or cultural features associated with the sites.
The sites are in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary oyfi$tProposa
Existing Lot: The existing lots were subdivided by deed in 1970. It was not discovered
that the subdivision by deed was illegal until the applicants applied for building permits
to construct their homes. It is the applicants' intent to obtain a Subdivision Variance so
that the lots may be legally recorded by plat in the Clerk of the Circuit Court's office.
WADSWORTH
Agenda Item # 15
Page 2
Lot Width in feet
150
125-
144*
Lot Area
1 acre
2.748 acres
1.74 acres
`Variance required
Comprehensive Plan
The Comprehensive Plan Map designates this area as the Rural Area, an area that lies
south of Indian River Road and North Landing Road to Muddy Creek and Back Bay and
extends to the North Carolina border.
Staff Evaluation
Staff recommends approval of this request.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
C. The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
D. The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
WADSWORTH
Agenda Item # 15
Page 3
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance.
1. Strict application of the ordinance would produce undue hardship. The lots
were created by deed in 1970 and there is now no opportunity for the
applicants to obtain additional lot width and land area.
2. The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected. Several surrounding sites are of the same configuration.
The approval of this variance request will rectify a currently illegal subdivision created
through deed, and clear the titles for the property owners. Staff, therefore, recommends
approval of this request.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances.
WADSWORTH
Agenda Item# 15
Page 4
Supplemental Information
Zoning History
# I DATE REQUEST I ACTION
1 5-12-86 Conditional Use Permit (Woodworking) Approved
Public Agency Comments
Master Transportation West Gibbs Road is a two-lane rural road.
Plan (MTP).1
Public Works
WADSWORTH
Agenda Item # 15
Page 5
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Existing Land Use
- 0
No Data
7,400 ADT
West Gibbs Road
Available
Proposed Land
Use 3 - 20
Water: I Health Department approval required.
Sewer: Health Department approval required.
. vo' uao v`, , u".
' as defined by an Agricultural Use
' as defined by 2 Single-family Dwellings
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
strategies as they pertain to this site.
Fire and Rescue: No Fire Department concerns at this time.
WADSWORTH
Agenda Item#-15
Page 6
R
Exhibit A
Aerial of Site
Location
WADSWORTH
Agenda Item # 15
Page 7
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WADSWORTH
Agenda Item # 15
Page 8
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WADSWORTH
Agenda Item # 15
Page;10
Item #15
George L. Wadsworth, Jr. & Robert A. Wadsworth, II
Appeal to Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance
West side of West Gibbs Road
District 7
Princess Anne
June 9, 2004
CONSENT
William Din: The next item is Item #15 George L. Wadsworth, Jr. & Robert A.
Wadsworth, II, appeal to Decisions of Administrative Office in regard to elements of the
subdivision ordinance for George L. Wadsworth and Robert A. Wadsworth. The
property is located on the west side of West Gibbs Road, approximately 2,640 feet west
of Blackwater Road in the Princess Anne District. There are no conditions associated
with this.
Eddie Bourdon: For the record, Eddie Bourdon representing the applicant. We really
appreciate the staff helping clean this situation up.
William Din: Thank you. Is there any opposition to this item on consent? None. Barry
Knight will explain this one for the record.
Barry Knight: Yes. These are in the Princess Anne District in the Blackwater section in
the southern part of the City. I remember when these lots were created down here, and
when the applicant went to go get building permits, they found some discrepancies and
this is just housekeeping items to clear up these discrepancies. I don't think the
neighbors ever anticipated anything but these two lots being here with homes being put
on them. It's taken awhile so it's just to kind of clean up their records.
William Din: Thank you Barry. Ms. Wood, I would like to make a motion to approve
Item #15, George L. Wadsworth, Jr. & Robert A. Wadsworth, II with no conditions.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
AYE 10 NAY 0
AYE
AYE
AYE
AYE
AYE
ABSO ABSENTI
ABSENT
Item #15
George L. Wadsworth, Jr. & Robert A. Wadsworth, II
Page 2
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, the motion passes.
Zoning History
1
04/20/87
CONDITIONAL USE PERMIT (MINIATURE
GRANTED
GOLF)
2
04/10/01
REZONING FROM I-1 TO CONDITIONAL B-2
GRANTED
04/10/01
CONDITIONAL USE PERMIT (GAS AND
GRANTED
STORE)
3
03/07/00
REZONING FROM 1-1 TO CONDITIONAL B-2
DENIED
05/23/00
RECONSIDERATION OF REZ FROM 1-1 TO
GRANTED
COND B-2
4
03/25/97
CONDITIONAL USE PERMIT (AUTO REPAIR)
GRANTED
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CKC Properties, L.L.C. — Subdivision Variance
MEETING DATE: July 6, 2004
■ Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for CKC Properties, L.L.C. Property is
located at 2533 Virginia Beach Boulevard (GPIN 14977455960000). DISTRICT
6 — BEACH
■ Considerations:
The existing lot is 5.38 acres and has 280 feet of frontage on Virginia Beach
Boulevard. 145 feet of that frontage is encumbered by a public drainage
easement, 50 feet of that frontage is encumbered by a Dominion Virginia Power
easement. The frontage as defined by the Zoning Ordinance, which excludes
the public drainage easement and the Dominion Virginia Power easement, is 95
feet. The required lot width for this zoning district is 100 feet. The applicant
desires to subdivide the existing lot with 95 feet of frontage into two lots with 80
feet and 15 feet of frontage. Thus, a variance is required, as neither lot will have
the required lot width.
One building has already been constructed on the existing lot and the foundation
for a second building has already been laid. The applicant now desires to
subdivide the lot, conveying the new lot with the existing foundation to another
party, who will then construct the second building.
Staff's evaluation of this request reveals the proposal does provide evidence of a
hardship justifying the granting of a variance to the requirements of the
Subdivision Ordinance. The physical character of the property, including
dimensions and topography, creates the hardship. The physical layout of
buildings and parking will not change with this request, and in fact, is limited to
what is shown on the plat by conditions imposed on the property by the
Chesapeake Bay Preservation Area Board. It is anticipated that new ownership
will spur the completion of the second building on this site.
The Planning Commission placed this item on the consent agenda because it will
enable the expansion of an existing office use. Staff recommended approval.
CKC Properties
Page 2 of 2
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with
abstention to approve this request with the following conditions:
A cross reciprocal easement for ingress/egress and shared parking
between Parcels A and B is required to be recorded with the final
subdivision plat.
2. The building on proposed Parcel A must be compatible in architectural
style and design with the existing building on Parcel B.
3. No additional impervious surface or building areas beyond those approved
on the site plan labeled DSC File #107517 Cox-Kliewer Building may be
constructed on this site.
4. Landscape screening in accordance with Category IV requirements must
be installed and maintained along the property line adjacent to the R-7.5
Residential District. The screening must be installed and inspected by the
Current Planning Division / Zoning Section prior to final plat recordation.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/AgencyPlanning Departmen*
City Manager. v- N&Ot
107-215-SVR-2004
CKC PROPERTIES, L.L.C.
Agenda Item # 27
June 9, 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.
Locabon and General Informabon
REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
LOCATION: Property located at 2533
Virginia Beach
Boulevard
GPIN: 14977455960000
COUNCIL
ELECTION
DISTRICT: 6 — BEACH
s
L m ,
to • -'�1 ��
SITE SIZE: 5.38 acres
CKC, LLC
Agenda Item`#.27
Page
EXISTING
LAND USE: Office Buildings
SURROUNDING North: • Virginia Beach Boulevard and Commercial Uses /
LAND USE AND B-2 Community Business District
ZONING: South: • Marsh and wetlands / 1-1 Industrial District
East: • Convenience Store & Gas / B-2 Community
Business District
West: . Single Family Dwellings / R-7.5 Residential District
NATURAL
This site is located at the edge of a tidal creek that is protected under
RESOURCE
the Chesapeake Bay Preservation Ordinance. A variance from the
AND
Chesapeake Bay Preservation Area Board was granted for the
CULTURAL
existing office buildings and parking that are shown on the site plan
FEATURES:
and developed on the site.
AICUZ:
The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Ocearia. Offices and retail are considered compatible uses under
Table 2 of the Department of the Navy's AICUZ Program Procedures
and Guidelines for Department of the Navy Air Installations (OPNAV
Instruction 11010.36B)
Existing Lot: The existing lot is 5.38 acres and has 280 feet of frontage on Virginia
Beach Boulevard. 145 feet of that frontage is encumbered by a public drainage
easement. 50 feet of that frontage is encumbered by a Dominion Virginia Power
easement. The frontage as defined by the zoning ordinance, which excludes the public
drainage easement and the Dominion Virginia Power easement, is 95 feet.
Proposed Lots: It is the intent of the applicant to subdivide the existing 5.38-acre lot
into two lots as noted in the table below
CKC, LLC
Agenda Item #.27
Page 2
Item
Sui
La.A
LQiB
Lot Width in feet
100 feet
80*
15*
Lot Area in square feet
(outside water,marsh,
wetlands)
20,000
24,642
96,317
*Variance required
In addition to the variance for lot width that is being requested for both Lots A and B, the
applicant is requesting that a variance be granted to the provision in the Zoning
Ordinance that requires a minimum number of parking spaces be located on each lot.
The office building proposed for Parcel A requires 20 parking spaces, only 11 are
provided, therefore, Parcel A will need a variance. The office building on Parcel B
requires 36 spaces, and 56 spaces are provided. The applicant has stated that there
will be a cross access and parking easement recorded that will allow shared
parking/access between the two parcels.
Comprehensive Plan
The Comprehensive Plan identifies this site within Strategic Growth Area #6 (North
London Bridge Area). The recommendation for this area states "While there is a
recognized need for the city to provide a range of commercial retail activities and
services to meet the needs of all its citizens, it is equally important that this be
accomplished in harmony with the concept of providing an attractive and well -
maintained physical environment."
Staff Evaluation
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
CKC, LLC
Agenda Item # 27
Page 3
B. The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected.
C. The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance.
D. The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
does provide evidence of a hardship justifying the granting of a variance to the
requirements of the Subdivision Ordinance. The physical character of the property,
including dimensions and topography, creates the hardship. The physical layout of
buildings and parking will not change with this request, and in fact, is limited to what is
shown on the plat by conditions imposed on the property by the Chesapeake Bay
Preservation Area Board. It is anticipated that new ownership will spur the completion
of the second building on this site.
Staff, therefore, recommends approval of this request subject to the condition below.
Conditions
A cross reciprocal easement for ingress/egress and shared parking between
Parcels A and B is required to be recorded with the final subdivision plat.
2. The building on proposed Parcel A must be compatible in architectural style and
design with the existing building on Parcel B.
3. No additional impervious surface or building areas beyond those approved on the
site plan labeled DSC File #107517 Cox-Kliewer Building may be constructed on
this site.
NOTE: Further conditions may be required during the
administration of applicable City Ordinances.
CKC, LLC
Agenda Item #.27
Page 4
.
EFE
Supplemental Information
Zoning History
2 04/10/01
REZONING FROM 1-1 TO CONDITIONAL B-2
GRANTED
04/10/01
CONDITIONAL USE PERMIT (GAS AND STORE)
GRANTED
3 03/07/00
REZONING FROM 1-1 TO CONDITIONAL B-2
DENIED
05/23/00
RECONSIDERATION OF REZ FROM 1-1 TO COND
B-2 GRANTED
4 03/25/97
CONDITIONAL USE PERMIT (AUTO REPAIR)
GRANTED
CKC, LLC
Agenda Item # 27
Page 5
No comments
No comments
Public Agency Comments
Public Works
Public Utilities
CKC, LLC
Agenda Item # 27
Page 6
:�,.,� Exhibits
U
.I
J
Exhibit A
Proposed
Subdivision
CKC, LLC
Agenda Item # 27
Page 7
Z
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Exhibit B
Disclosure
Statement
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CKC, LLC
Agenda Item #27
Page 8
Item #27
CKC Properties, L.L.C.
Appeal to Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance
2533 Virginia Beach Boulevard
District 6
Beach
June 9, 2004
CONSENT
William Din: The next item is Item #27. This is CKC Properties, L.L.C. This is an
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for CKC Properties, L.L.C. Property is located at
2533 Virginia Beach Boulevard in the Beach District.
Mike Perry: Good afternoon. For the record my name is Michael Perry. I'm a local
landscape architect for MSA representing the applicant. We have reviewed the
conditions and we agree upon them. We also agree on the additional condition that was
added but we just want to make one thing clear. We get credit for the existing vegetation
that is out there that exists in some of these areas. But we will also meet the Category 4
landscape requirement.
William Din: Thank you. Is there any opposition to this item? None. Mr. Ripley, will
you explain this one please?
Ronald Ripley: The Commission placed this on the consent agenda because it was a
variance request for an office use that exists on the property. The property currently has
one office building that is actually built and has actually received an award from this
Commission last year. It has another foundation that is in place. The owner desires to
divide the property and there is a variance required because of the front footage. The
owner is also going to provide for cross easements so that the parking is adequately
distributed between the two buildings. We didn't have any problem with this particular
application so we recommended that to be on the consent agenda.
William Din: Thank you Ron. Ms. Wood, I would like to make a motion to approve
Item #27, CKC Properties, L.L.C. with four conditions.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
Mr. Miller, did you like to add something?
Robert Miller: Yes. I need to abstain from Item #27. My firm is working on that
project.
Item #27
CKC Properties, L.L.C.
Page 2
Dorothy Wood: Thank you.
AYE 10
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
NAY 0 ABS 1 ABSENT 1
ABS
ABSENT
Ed Weeden: By a vote of 9-0 with the abstention noted, the motion passes.
o° 'g`
, wW
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance pertaining
to abandoned non -conforming signs
MEETING DATE: July 6, 2004
■ Background:
An Ordinance to amend Chapter 215 of the City Zoning Ordinance pertaining to
the removal of abandoned nonconforming signs.
■ Considerations:
This amendment was enacted in this session of the General Assembly and
becomes effective July 1, 2004. It will allow the City to remove abandoned
nonconforming signs after notification to the owner when the owner refuses.
Staff recommended approval of the amendment.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval of this amendment.
■ Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen��
City Manager:,��
CITY OF VIRGINIA BEACH
Agenda Item # 24
June 9, 2004 Public Hearing
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.
24.
CITY OF VIRGINIA BEACH
An Ordinance to amend Chapter 215 of the City Zoning Ordinance pertaining to the
removal of abandoned nonconforming signs.
_k' r
Staff EvaluationG`
This amendment was enacted in this session of the General Assembly and becomes
effective July 1, 2004. It will allow the City to remove abandoned nonconforming signs
after notification to the owner when the owner refuses.
Staff recommends approval.
CITY OF VIRGINIA BEACH
Agenda Item # 24
Page 1
1 AN ORDINANCE TO
AMEND
SECTION 215
2 OF THE CITY
ZONING
ORDINANCE
3 PERTAINING TO
THE
REMOVAL OF
4 ABANDONED NONCONFORMING
SIGNS
5
6 SECTION AMENDED:
215
7 WHEREAS, the public necessity, convenience, general welfare
8 and good zoning practice so require;
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Section 215 of the City Zoning Ordinance is hereby
12 amended and reordained, to read as follows:
13 Sec. 215. Nonconforming signs.
14 (a) Notwithstanding the provisions of section 105(f) of this
15 ordinance, no nonconforming sign shall be structurally
16 altered, enlarged, moved or replaced, whether voluntarily
17 or by reason of involuntary damage to or destruction of
18 such sign, unless such sign is brought into compliance with
19 the provisions of this ordinance. No nonconforming sign
20 shall be repaired at a cost in excess of fifty (50) percent
21 of its original cost unless such sign is caused to comply
22 with the provisions of this ordinance. Any nonconforming
23 sign which is not maintained continuously in good repair,
24 and any nonconforming sign which is abandoned shall be
25 removed. For purposes of this section, a sign shall be
26 deemed to be abandoned if the business for which the sign
27 was erected has not been in operation for a period of at
28 least two (2) years. Following the expiration of at least
29 two years, any abandoned nonconforming sign shall be
30 removed by the owner of the property on which the sign is
31 located, after notification by the zoning administrator.
32 If, following such two-year period, the zoning
33 administrator has made a reasonable attempt to notify the
34 property owner, the city through its own agents or
35 employees may enter the property upon which the sign is
36 located and remove any such sign wherever the owner has
37 refused to do so. The cost of such removal shall be
38 chargeable to the owner of the property. Nothing herein
39 shall prevent the city from applying to a court of
40 competent jurisdiction for an order requiring the removal
41 of such abandoned nonconforming sign by the owner by means
42 of injunction or other appropriate remedy.
43 ....
44 COMMENT
45 This amendment was enacted in this session of the General
46 Assembly and becomes effective July 1, 2004. It will allow the City
47 to remove abandoned nonconforming signs after notification to the
48 owner when the owner refuses.
49
50
Adopted
by the
Council
of the City of Virginia Beach,
51
Virginia, on the
_ day
of
, 2004.
P
CA-9271
OID/ordres/proposed/czo215ord.doc
R-4
June 30, 2004
APPROVED AS TO CONTENT
�4 6-;a.O4
Plannin epartment
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
Item #24
City of Virginia Beach
An Ordinance to amend Chapter 215 of the City Zoning Ordinance
Pertaining to the removal of abandoned nonconforming signs
June 9, 2004
CONSENT
William Din: The next item is Item #24 City of Virginia Beach. This is an Ordinance to
Amend Chapter 215 of the City's Zoning Ordinance pertaining to the removal of
abandoned non -conforming signs. Since this is a City issue, Mr. Scott would you please?
Is there any opposition to this item?
Robert Scott: Mr. Din, I can tell you that this amendment to our zoning ordinance that
we have here simply fulfillment of a recent change to the State code. Localities are
required at this point to make these adjustments in their code. We're simply following
that and adding the same that is now required.
William Din: Thank you very much Mr. Scott. Ms. Wood, I would like to make a
motion to approve Item #24, City of Virginia Beach.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, the motion passes.
ABSO ABSENTI
ABSENT
r�,Huec,O:Y
f !
1 I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance pertaining
to the Open Space Promotion Option
MEETING DATE: July 6, 2004
■ Background:
An Ordinance to Repeal Sections 250, 251, 252, 253 and 506 of the City Zoning
Ordinance, pertaining to the Open Space Promotion Option.
■ Considerations:
In 2002, the General Assembly enacted amendments to the Virginia Code
requiring localities that provide for clustering of single-family dwellings pursuant
to a conditional use permit or rezoning to amend their zoning ordinances or
subdivision regulations by July 1, 2004, so as to allow clustering as a matter of
right. Because the City Zoning Ordinance contains the Open Space Promotion
Option (CZO Sections 250 — 253 and 506), under which clustering of single-
family dwellings is allowed pursuant to a conditional use permit, the legislation
applies to the City. For that reason, the City must either: (1) allow single-family
dwellings to be clustered as a matter of right; or (2) eliminate the Open Space
Promotion Option (such that the 2002 legislation would not apply). City Council
referred to the Planning Commission the attached amendment which is
consistent with the second alternative.
The proposed amendments implement the second alternative by repealing the
Open Space Promotion Option. The repeal of the Open Space Promotion Option
does not, however, result in the lack of opportunity to cluster homes in a
development as a means of preserving open space. Much the same result could
be accomplished by means of conditional zoning proffers, even though the City
Zoning Ordinance would no longer contain any express provisions by which this
may be done. Rather than filing an application for a conditional use permit under
the Open Space Promotion, an applicant wishing to accomplish a similar result
would simply need to file a conditional zoning application and proffer the
conditions by which this is to be accomplished, rather than doing so under a
conditional use permit.
Staff recommended approval of the amendment.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval of this amendment.
Open Space Promotion Repeal
Page 2 of 2
■ Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen*
City Manager:��
CITY OF VIRGINIA BEACH
Agenda Item # 28
June 9, 2004 Public Hearing
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.
An Ordinance to Repeal Sections 250, 251, 252, 253 and 506 of the City Zoning
Ordinance, pertaining to the Open Space Promotion Option.
Staff Evaluation
In 2002, the General Assembly enacted amendments to the Virginia Code requiring
localities that provide for clustering of single-family dwellings pursuant to a conditional
use permit or rezoning to amend their zoning ordinances or subdivision regulations by
July 1, 2004, so as to allow clustering as a matter of right. Because the City Zoning
Ordinance contains the Open Space Promotion Option (CZO Sections 250 — 253 and
506), under which clustering of single-family dwellings is allowed pursuant to a
conditional use permit, the legislation applies to the City. For that reason, the City must
either: (1) allow single-family dwellings to be clustered as a matter of right; or (2)
eliminate the Open Space Promotion Option (such that the 2002 legislation would not
apply).
The proposed amendments implement the second alternative by repealing the Open
Space Promotion Option. The repeal of the Open Space Promotion Option does not,
however, result in the lack of opportunity to cluster homes in a development as a means
of preserving open space. Much the same result could be accomplished by means of
conditional zoning proffers, even though the City Zoning Ordinance would no longer
contain any express provisions by which this may be done. Rather than filing an
application for a conditional use permit under the Open Space Promotion, an applicant
wishing to accomplish a similar result would simply need to file a conditional zoning
CITY OF VIRGINIA BEACH
Agenda Item # 28
Page 1
application and proffer the conditions by which this is to be accomplished, rather than
doing so under a conditional use permit.
Staff recommends approval of the amendment.
CITY OF VIRGINIA BEACH
Agenda Item # 28
Page 2
1 AN ORDINANCE TO REPEAL THE CITY ZONING
2 ORDINANCE PROVISIONS PERTAINING TO THE OPEN
3 SPACE PROMOTION OPTION
4
5 Sections Repealed: City Zoning Ordinance
6 250, 251, 252, 253, and 506
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Sections 250, 251, 252, 253, and 506 of the City Zoning
12 Ordinance are hereby repealed, as follows:
13 E. OPEN oPME PR40@10TIO, OPTION Reserved.
15 The ln4=efi�a e€- helms develepmentreps=en-6seerrge the
16 jareser-- €-ergo senmen4tal amen4mties as well astapr-evtdefer- a
17 raer-e- effieiee�c ase ef land and-publie and private fael ibis b7;'
19 r-esiden�cia-1 develagmentthan is ether-wise—perrmissibleidnde�-
20 let by let aestaFiet3en5view ef these advantages, it �e tl:�e
21 Int-e..��=hrs- the •------ -tier- of epen spaee
22 thr-a gh let -sip_ __duet_____ --_______ _______, ._________.
23 See. 251. Freeedural -equir a ents.
24 (aa)--initlatien. ____, -_ file with the 1 C -1 1 1 a 'J
25 direeter an applieatien €er an epen spaee premetienjarejeet. The
27 (1) _____.__-______ __ the _____ ___.__.___
29 %3; Thgeneral ---- ----------- -- - -- -- _ and p - p ----
3 0 s t _..yes-
32 spaees.
33 (5) The tale_,_---1 ---- and l atle of .--.-seil lets and
35 (6) n_ ff -._.-V, .9..d..5 -iman anel ehie-1 -- f--ff-- - -I -t . ---
3 6 plan.
37 (7) infers ien r--elating-teatapegr-a€h-aeeess; - jni-gimean'
38 eevi--- m-ama=---�ee,
39 esT
--
42
43 eanfe-ms to the Qenera4attrgese anEi intent e£ tie —epee elBaee
44
45
46 stieh rebiew,
If
the dir shall deteEfRine that -,
47 the a€pAea€ien lees net fRee€ the eats of t " er-d nano
48 ;e shall h applieat-4:an ..i�t.. it f rt it with 4:ts
fee,
if the applieatimen deer fReet
49 aeeenpan
nQ to the
appiieant
the - sL..-.11 -- :F -ell
50 the y
nts of this
-eeefFffftendatiens
rd
the agefteies '" the
51 the findings
and
of eity
52
53 (b) All Fees, aeti n by the larmor€"1 ee� s-ien en by
54 t,
eeianeil, and rehearing reEfdirement-s shall be as 4mn the ease af
55 _ d-t_-_--_- use per -fait --• l-_ - _ .
56 fed—Eemplianee-i4th-egtdireftes€s.
57 `Call be granted -_-__l _ a F:..din by the - u - l ♦La. a ♦Y..
59 and mat the prsgasai will: have ne fRre adeerse effect en th
60 L altL• _`Fat.. er ...L.-..t of 1 l _ the
61 and will be fieffiere a:n5e-r-4:eus, eeeeemieally -er etheEwlsepta
62 j-rimer-ty e—imprevements tit
63 €•r-e€esai Ejener-allyjaerFRitted In the drs€a -- ---_ - -----= -- --
64 eensidered In t€s-eenneet_ten aret:raf€ice€1ew and-eentrel, aeeese
66 e€imlittes, seree ,
67 leeatien-e=-sees, leeati
68 reereatienaluses:-_-__-_--__ _-___-_---- • and meth
--
71 the ___________ and _____________ __--r____ _1 -__,eeiane4:1 and -__-
72 preaisiens e€ €his ar€iele---_-__ the------------
73 e€ the traet. l'he ajapreaed plan shall alse ineleele the l eeatien ane
74 nature e€ reerea€ienal uses -and €aeili€ies of €he elgen speee. Ne
75 idse -- faell it.. _L._l l be
allowed en the open space emeept these _ -
76 ar-eerearienal na€tire. The ewner may; at any ? eweve= -==
7s
80
impesed by
the appEeval
-est---------
---1
then
eauneil as paEt ef
the
jalan
_,
81 are
net faet,
eity e -__e--
_.._, -_ _eke
_11
previded
83 ..b,
84 See.
: hearing
252.
d.
is held.
G
.ed pans.
85
86
_„
ineFleet at
87 that
sti,`
ehamEjes are ___-___--i
:9
_t r-egtilatlens
the
intent and
88 the
—time
the-ehange- requestedand
general
89
90
91
mow.
iFffiRediately invelvedthe
93 shall
net
apply te area
prepesed-
94 amenElfftent.
95 See 253 z Reserved.
96
98 ( n'fflum area e` e'exelapfaene. The be
99
100 (29) _____.
El
101 Ted 8se r-eyslatxsr-rs- The ____ and ____---_-._ - _. are
103 (el) e#hes3g-B-and off st`--=-. pa244�qg_ J.., He ;
104 si-- a eff sdr-ee -lEing _e ula€}ens shall be—€;e—same—as
sn--an�� tea- ----� Q
105
106 (-e) 9pen 6igeee-iiere -w_,, be anassu,-aneeeF
107
•• - - -- - - - - - - - zTTMIbw
"-=r
110 eree't a svis an=ca-a= reereatienal s�craetui-e er- ether
ill Imprevements en the isr-eiger-ty, he shall be reEpalred te
113 idtillee this ogti r. in tia}s ease, "= e4:ty shall =_--_-_
117 epee spaee whiw..z.. i:n the -•-----en of eit eeiane4m1' are
�nTsx�c:ci �n
119 ..___,rty __._.______ by - heffte_..___,. _ssee:_t-<__ eE ottier-
120 sifailar agent, _hen
l l
121
122 respemsibil} : les-fie—sired agent, pEevideel that suffieient
123 eviden- of ffiatfr�aena-e- eapabildxty _- the j---- eF the
124 agent is ar-esented—teetdy eeidne€l, and `._-•'deer- ; -- ide
5
125 that ne mere than fifty (8 9) jaeL-een€- e€ the buildirftg
126 pe,-m4-€s €er €lie—p e}eet—shalml be Issued be€er-e the
128 +}Via-m 1lable _-_ ___ -1 the -__--___-_.
129
130 shall p--vide - -6nl -- -- ---- en (--) •-- ----- -----
131 ae,-eage as egen spaee, emelydding s€rree€sand ar-3e€nQ areas. All-
132 egen slaaee areas shall he _..._ __-tl, -..--_ t-ained as l_ndseape
133 par]yreer-eatienafspaee, er- nattisal areas. lie epeft spaee shall
134 aseei eept€its=nat-dr-l state
136 let, €leedway pe3mtcien efany fleedp4mmain, bedy 8�9 ____-, _----____ e-
137 be-eneambar-e a IgublLeer-pr-#;rat-e-at€1t y-easement whesetetal
„
138 width --rsgreater- -----t�.__ --„_-`_, eel. i3e streattrr-e shall be
140
143 Previded, de r-, that to ere deele eenstL=deted -'teet
145 See. 506. Gpea spaee prometien.
147. - - ---- -- ---- .
148 year ifaiislet ee�ver-age-€er single `=-:-_1 dwel imags
149
150 ger-FR � �c.
151 (a)(a) Speedmal difx+eneiena!i-egairemen€s €eE single `-mill
152 -- -77-- _- — d -- an -p - e - - pr-emetienuse -
153 Residential Districts
154 R-40 R-30 R-20 R-15 R-10 R-7.5
135
156 let aLea in
157
158
159 (2) Minimiarft let
160 eats K azan
161 er wet'aras: -2h,099 ;8,999 12r9@0 9,9@9 :7,589 6,599
162
163 (3) _ let width
164 €eet inn inn inn :5 -15 60
165
166 (4) Minimum fr-en�. yard
167 setbaeleis €ee`: 59 i9 39 39 30 38
168
170 Seth__,_ When _djaee -
171
172 way ei-eat_.a in ____='_'
173 - 4mh _ , ,_,
175 8rElinane_ in F-,..: 85 Z5 35 35 35 35
176
177
180 i:R fee i5 �`5 4- n 4 n `&1^8
181
182
183 sett_ek
184 a street in feet! 30 3B 39 39 39 39
185
186
188
189 way '--- --- -----
190 -nee t,. , ,
191 of the S��,
192 o�iea�ee�a €eel: 35 35 35 35 35 35
193
194 ------ -- ----
196 ,
197 in feet! 29 29 29 29 20 29
198
199
200 setbaek fer aeeess
-f
201 Uetiafes enly
202 feet! is is '^ 10 4:9 18
203
204 (- ----- ,aFR let -- ---_-
205 in jae•Eee-`: 2S- 2� 38 38 36 35
206
207 Max4m--T =t1 4:n
208
209
210
211 COMMENT
212
213 In 2002, the General Assembly enacted amendments to the Virginia Code requiring any locality
214 that provides for clustering of single-family dwellings and preservation of open space upon approval of
215 a conditional use permit or rezoning to amend its zoning ordinance or subdivision regulations by July
216 1, 2004, so as to allow clustering as a matterofright. Because the City Zoning Ordinance contains the
217 Open Space Promotion Option (CZO Sections 250 - 253), under which clustering of single-family
218 dwellings is allowed pursuant to a conditional use permit, the legislation applies to the City. For that
219 reason, the City must either: (1) allow single-family dwellings to be clustered as a matter of right; or (2)
220 eliminate the Open Space Promotion Option (such that the 2002 legislation would not apply).
221
222 The proposed amendments implement the second alternative by repealing the Open Space
223 Promotion Option. Much the same result, however, could be accomplished by means of conditional
224 zoning proffers, even though the City Zoning Ordinance would no longer contain any express
225 provisions by which this may be done. Rather than filing an application for a conditional use permit
226 under the Open Space Promotion, an applicant wishing to accomplish a similar result would simply
227 need to file a conditional zoning application and proffer the conditions by which this is to be
228 accomplished, rather than doing so under a conditional use permit.
229
230 By not allowing clustering as a matter of right, the City will retain a much higher degree of
231 control over the result.
232
233
234
235 Adopted by the City Council of the City of Virginia Beach,
236 Virginia, on this day of , 2004.
CA-9102
wmm\openspacepromoordin.doc
R-2
March 4, 2004
APPROVED AS TO CONTENTS:
to 36-p4
Planning epartment
APPROVED AS TO LEGAL
SUF ICI NCe
City Attorneys' Office
Item #28
City of Virginia Beach — Open Space Promotion Repeal
June 9, 2004
CONSENT
William Din: The last item that I have on consent is Item #28 City of Virginia Beach.
This is Open Space Promotion. This is a Repeal. An ordinance to Repeal Sections 250,
251, 252, 253, and 506 of the City's Zoning Ordinance pertaining to Open Space
Promotion Option. We placed this on consent. Is there any opposition to this item? Mr.
Scott.
Robert Scott: This also is brought forward to you as a result of a recent change in State
law. Each governing body in Virginia is given a choice, I guess I'd say to either adopt
something like this or allow a clustering of residential development by right. When
presented with the choice, our City Council indicates they would like to go with this route
and accordingly we are following up with it. We feel that our work is not done. At this
moment, I feel that having listen to some of the concerns voiced to us by the building
community that it would be appropriate for us to continue discussions with them and try
to perfect our approach to this further than we have gone so far and possibly try to come
up with some opportunities where clustering of the residential uses on certain basis can
be done by right without having to go through this process. We are more than willing to
pursue that with them and look forward to that opportunity.
William Din: Thank you Mr. Scott. Ms. Wood, I would like to make a motion to
approve Item #28, City of Virginia Beach Open Space Promotion the Repeal of an
Ordinance sections.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, the motion passes.
ABSO ABSENTI
ABSENT
Dorothy Wood: Thank you for handling so much of our work today.
William Din: Thank you.
Zoning History
•�• IQJ�y� r� IAA / es�jtA ♦ MT"
• • a�' \ hi •J v
�- '•V '�� a 4y
s to rr
'♦,�•�`
�. � ?i�lllll'�' � V��•
#
I DATE
� REQUEST
I ACTION
1 3-25-03
Conditional Use Permit (bulk storage)
Granted
6-22-99
Change of Zoning (R-5D Residential District to B-2
Granted
Community Business District)
2 2-29-99
Reconsideration of Proffers
Granted
7-11-95
Change of Zoning (1-1 Light Industrial District to B-
Granted
2 Community Business District)
Change of Zoning (R-51D Residential District to B-2
Granted
Community Business District)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Wal-Mart Stores, Inc. — Conditional Use Permit (bulk storage yard)
MEETING DATE: July 6, 2004
■ Background:
An Ordinance upon Application of Wal-Mart Stores, Inc. for a Conditional Use
Permit for a bulk storage yard on property located at 2021 Lynnhaven Parkway
(GPIN 14759702970000). DISTRICT 1 — CENTERVILLE
■ Considerations:
The applicant is proposing to create an outdoor storage area in order to comply
with the Zoning Ordinance. The area is for the outdoor display and storage of
seasonal sales items, such as landscaping materials. The store currently
conducts the same activity in this area but not in an approved bulk storage yard.
The proposed plan depicts permanent fencing and screening for a drive through
facility where customers can pull inside the fenced area (105 feet by 95 feet) and
pick up and load merchandise directly into their vehicles. A knee wall is
proposed with a brick fagade to match the existing retail shopping center.
Columns will be spaced periodically with the same color scheme as the existing
building. A vinyl -coated chain link fence beginning at the top of the knee wall and
reaching eight (8) feet in height will connect between the brick columns. This
project will eliminate 36 parking spaces; however, the minimum parking
requirement of 995 spaces will still be met.
The proposal is consistent with the rezoning proffers for this property, approved
by City Council in 1995, and with the Retail Design Guidelines of the City Zoning
Ordinance (CZO).
The Planning Commission placed this item on the consent agenda because it is
an appropriate use for the site. Staff recommended approval.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
Wal-Mart
Page 2 of 2
The design, location and building materials of the proposed bulk storage area
shall be in substantial conformance with the depiction on the submitted plan
entitled 'Preliminary Plan for Outside Bulk Storage Area," prepared by
Engineering Services, Inc., dated March 31, 2004, and on file in the Department
of Planning, having a perimeter limited to 105 foot by 95 foot area also shown on
said Plan.
2. All materials for sale or materials being stored shall be contained within the
specified area. There shall be no materials or merchandize in the adjacent
parking spaces, parking lot drive aisles, or parking lot landscape islands.
There shall be no signage installed within the area, on the fence, or immediately
adjacent to the area other than professionally prepared traffic control signs.
Hand -lettered signs shall not be utilized.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ,�f,
City Manager:��� NFYJ-t
F10-215-CUP-2003
WAL-MART STORES, INC.
Agenda Item # 9
June 9, 2004 Public Hearing
Staff Planner: Carolyn A.K. Smith
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.
7' 940. fig.
Location and General Information
REQUEST:
LOCATION
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE
Conditional Use Permit for an outdoor storage facility in conjunction
with a retail operation.
Property located at
2021 Lynnhaven Road
14759702970000
1 — CENTERVILLE
M t Walmart Stores Inc.
Ro
a- � �� `
a
q
u 6 `` CSri
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Entire site is 20 acres. 10,080 square feet for the actual storage area.
WAL-MART STORES
Agenda Item # 9
Page 1
EXISTING Shopping Center. The area for the proposed storage area is currently
LAND USE: a parking area.
SURROUNDING
. Princess Anne Road, retail, townhouses / PD-H1
LAND USE AND
North: Planned Development
ZONING:
. Retail / Conditional B-2 Community Business
South: District
• Lynnhaven Parkway, retail / B-2 Community
East: Business District
West: • Multifamily dwellings / A-12 Apartment District
NATURAL
RESOURCE
AND
CULTURAL
There are no significant environmental features on this site as it is
FEATURES:
developed as a shopping center and is almost entirely impervious.
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
s •e�
The applicant is proposing to create an outdoor storage area in order to comply with the
Zoning Ordinance. The area is for outdoor seasonal sales. Specifically, the plan
depicts permanent fencing and screening for a drive through facility where customers
can pull inside the fenced area (105 feet by 95 feet) and pick up and load merchandise
directly into their vehicles. A knee wall is proposed with a brick fagade to match the
existing retail shopping center. Columns will be spaced periodically with the same color
scheme as the existing building. A vinyl -coated chain link fence beginning at the top of
the knee wall and reaching eight (8) feet in height will connect between the brick
columns. This project will eliminate 36 parking spaces; however, the minimum parking
requirement of 995 spaces will still be met.
WAL-MART STORES
Agenda Item # 9
Page 2
t t'�
Major Issues °{
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Degree to which the proposal is consistent with the Conditional Zoning
Agreement approved by City Council in 1995.
• Degree to which the proposal complies with the retail design provisions of the
City Zoning Ordinance.
Comprehensive Plan
The Comprehensive Plan Map designates this area as part of the Primary Residential
Area. The Comprehensive Plan Policy document indicates the area reinforces the
suburban characteristics of commercial centers and other non-residential areas within it.
Limited commercial activities providing desired goods or services to residential
neighborhoods may be considered acceptable uses on the edge of established
neighborhoods provided effective measures are taken to ensure compatibility and non-
proliferation of such activities.
tS2'.
µ Staff Evaluation
Staff recommends approval.
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal is
consistent with the proffers approved by City Council in 1995 and with the retail design
WAL-MART STORES
Agenda Item # 9
Page 3
provisions of the City Zoning Ordinance (CZO).
Staff, therefore, recommends approval of this request with the following conditions.
Conditions
The design, location and building materials of the proposed bulk storage area
shall be in substantial conformance with the depiction on the submitted plan
entitled 'Preliminary Plan for Outside Bulk Storage Area," prepared by
Engineering Services, Inc., dated March 31, 2004, and on file in the Department
of Planning, having a perimeter limited to 105 foot by 95 foot area also shown on
said Plan.
All materials for sale or materials being stored shall be contained within the
specified area. There shall be no materials or merchandize in the adjacent
parking spaces, parking lot drive aisles, or parking lot landscape islands.
3. There shall be no signage installed within the area, on the fence, or immediately
adjacent to the area other than professionally prepared traffic control signs.
Hand -lettered signs shall not be utilized.
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.
WAL-MART STORES
Agenda Item`# 9
Page 4
Supplemental Information";
Zoning History
# { DATE
{ REQUEST
( ACTION
1 3-25-03
Conditional Use Permit (bulk storage)
Granted
6-22-99
Change of Zoning (R-5D Residential District to B-2
Granted
Community Business District)
2 2-29-99
Reconsideration of Proffers
Granted
7-11-95
Change of Zoning (1-1 Light Industrial District to B-2
Granted
Community Business District)
Change of Zoning (R-5D Residential District to B-2
Granted
Community Business District)
WAL-MART STORES
Agenda Item,# 9
Page 5
Public Agency Comments
Public Works
Plan (MTP): Lynnhaven Parkway is a four (4) lane divided roadway
as indicated on the Master Transportation Plan. No
further upgrade of this roadway in the vicinity of this site
is planned. Princess Anne Road is an eight (8) lane
divided roadway as indicated on the Master
Transportation Plan. No further upgrade of this facility
in the vicinitv of this site is planned.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Lynnhaven
27,000
17 300 —
31,700
The addition of the
Parkway
ADT
storage area is not
expected to
34 940 —
Princess Anne
45,000
,940
generate any
Road
ADT
ADT
additional traffic
Public Utilities
The storage area is not expected to have any impact on the public water or sewer
system.
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
strategies as they pertain to this site.
Fire and Rescue: No comment.
WAL-MART STORES
Agenda Item # 9
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Exhibit B
Proposed
Location of
Storage Area on
Site
WAL-MART STORES
Agenda Item# 9
Page 8
ii3CWss
Exhibit C
Detail of Storage
Area
Fence Detail
WAL-MART STORES
Agenda Item # 9
Page 9
Exhibit D -1
Disclosure
NOIIV)rlddV ON HS2 "IN0I1IQN03 Statement
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Agenda Item# 9
Page;10
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Disclosure
Statement
WAL-MART STORES
Agenda Item # 9
Page 11
Tanya Kean
Michael W. Kersting
Alan Kostel
Bradley S. Lewis
Adele E. Lucas
Richard H. Martin
Paula C. Martucci
Kim L. McCormick
Joan Mladucky
Cindy P. Moehring
Robert L. Rickard
D. Leann Ross
Karen L. Roberts
Kim Saylors
Craig T. Sharkey
immiferl.. Smith
Meredith A. Taylor
Kathy E. Tobey
John L. Thompson
Michael E. Tomlin
T. Latriece Watkins
RomonaL. West
Brace E- Wickline
Todd C. BiTlingmair
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Treastmcr
Exhibit D - 3
Disclosure
Statement
WAL-MART STORES
Agenda Item # 9
Page 12
Item #9
Wal-Mart Stores, Inc.
Conditional Use Permit
2021 Lynnhaven Parkway
District 1
Centerville
June 9, 2004
CONSENT
William Din: The next item is Item #9 Wal-Mart Stores, Inc. It's a Conditional Use
Permit for a bulk storage yard on property located 2021 Lynnhaven Parkway in the
Centerville District. There are three conditions.
Randy Royal: Randy Royal, Engineering Services and agent for Wal-Mart. We've read
the conditions and they're acceptable.
William Din: Thank you Mr. Royal. Is there any opposition to this item? If not, Jan
would you please explain this one for the record?
Janice Anderson: This application is for an outdoor storage facility. And actually they're
just cleaning up what has been used in the past. They are putting some permanent
fencing around the outdoor display that they have. It will be a drive through. It just
makes it a cleaner and nicer presentation of the facility and the outdoor sales area. They
are only going to take up 36 parking spaces and by doing that they still meet the required
spaces for the Wal-Mart store in full. They won't be blackening the parking spaces there.
So, we thought it was appropriate and recommend approval.
William Din: Thank you Jan. Ms. Wood, I would like to make a motion to approve Item
#9, Wal-Mart Stores, Inc. with three conditions.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
ABS 0 ABSENT 1
ABSENT
Item #9
Wal-Mart Stores, Inc.
Page 2
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 10-0, the motion passes.
Zoning History
MaM"p t�-s48,e Alltell Communications of Va., No, 1, Inc.
i.i ur
jI c
AG-1 �oOp ill AG-2
N AG-2 5 az
AG AG-2 �
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'.A G -I
ED A —2 �I ,�;AG-2 AG-1
CUP for Extension of an Existing lower
#�DATEREQUEST I H� i ivry
1 2/26/93 Conditional Use Permit for an outdoor recreational
facility (Splat Attack) Withdrawn
2 3/14/00 Conditional Use Permit for 150 feet monopole Granted
a �
t �{
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Alltel Communications of Virginia No. 1, Inc. — Conditional Use Permit
(communications tower — extension)
MEETING DATE: July 6, 2004
■ Background:
An Ordinance upon Application of Alltel Communications of Virginia No. 1, Inc.
for a Conditional Use Permit for a communications tower (extension) on property
located at 3308 Heffington Drive (GPIN 14836300990000). DISTRICT 7 —
PRINCESS ANNE
■ Considerations:
In 2000, a Conditional Use Permit was granted for a 150 feet monopole for
wireless communication equipment. The current proposal intends to extend the
monopole to a tip height of 158 feet and to construct a 10 feet by 12 feet
prefabricated equipment shelter to house additional communications equipment.
The applicant has provided the information required by the City Zoning
Ordinance, including data on Non -ionizing Electromagnetic Radiation (NIER)
levels. The towers will not exceed the level established by the Federal
Communications Commission. The required letter insuring the structural integrity
of the facility has been provided.
Due to the existence of the existing transmission tower, Staff feels that the
addition of the antenna would not intensify a negative visual impact for
surrounding properties and would not alter the character of the neighborhood.
This alternative is preferred over the construction of an additional, freestanding
tower.
The Planning Commission placed this item on the consent agenda because it is
an extension to an existing tower, consistent with the criteria in the City Zoning
Ordinance regarding co -location of wireless antenna facilities as being preferable
to new facilities. Staff recommended approval.
■ Recommendations:
Alltel Communications
Page 2 of 3
The Planning Commission passed a motion by a recorded vote of 10-0 to approve this
request with the following conditions:
1. An interference and intermodulation study including proposed channels and the
City of Virginia Beach radio channels shall be provided to the Department of
Communications and Information Technology (COMIT) for review and approval
prior to detailed site plan approval.
2. The City of Virginia Beach Department of Communications and Information
Technology (COMIT), requires a radio frequency emissions study (RF Study),
conducted by a qualified engineer licensed to practice in the Commonwealth of
Virginia showing that the intended user(s) will not interfere with any City of
Virginia Beach emergency communications facilities be provided prior to
approval for all subsequent users.
3. In the event interference with any City emergency communications facilities
arises from the users of this tower, the user(s) shall take all measures reasonably
necessary to correct and eliminate the interference. If the interference cannot be
eliminated within a reasonable time, the user shall immediately cease operation
to the extent necessary to stop the interference.
4. The tower extension shall be developed as part of the existing standard gray
colored monopole. In the event that the Federal Aviation Administration or other
licensing entity requires that the tower be painted, the height of the tower shall be
reduced to a level that will not require it be painted. Lighting of the tower shall be
limited to a low-level day strobe with a red beacon at the top. If more intense
lighting is required, the tower height shall be reduced to a level where enhanced
lighting is not required. Prior to a building permit being obtained the applicant
shall work with City staff to reduce lighting effects at the ground level.
5. No trees shall be removed from the lease area identified on the plan except
where necessary to establish the equipment shelter for the proposed tower
extension. Construction plans submitted for this project must provide for tree
protection in the area.
6. The project must be developed in conformance with the submitted plans entitled
"Cover Sheet for North Landing Co -location Monopole Tower " Sheet CS-1, 1 of
3, Site Development Plan for North Landing Co -location Monopole Tower " Sheet
C-1, 2 of 3, Project Site Plan for North Landing Co-Iocation Monopole Tower "
Sheet C-2, 3 of 3, prepared by Hoggard / Eure Associates, P.C., dated March 2,
2004.
7. Should the antennae cease to be used for period of more than one (1) year, the
applicant shall remove the antennae and their supporting towers and related
equipment.
Alltel Communications
Page 3 of 3
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting De(parrttm�e�n�tlA�gency: Planning Department*
City Manager:
G14-210-CUP-2004
L COMMUNICATIONS OF VIRGINIA
9� Agenda Item # 16
June 9, 2004 Public Hearing
MOM 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.
i„.
Location and General Information
REQUEST: Conditional Use Permit for the co -location of wireless
communications equipment at a Crown Castle, Inc.'s wireless
communications facility
LOCATION: Property located at
3308 Heffington
Drive.
GPIN: 14836300990000
Allrell Communications of Va., No.1, Inc.
AG
-I AG-2
N AG-2-
0
AG AG-2
AG-1 �❑ BA _2 4 AG-2
q /p i AG -
CUP for Extension of an Existing Tower
COUNCIL
ELECTION
DISTRICT: 7 — PRINCESS ANNE
SITE SIZE: 4.903 acres
ALLTEL COMMUNICATIONS OF VIRGINIA
Agenda Item # 16
Page 1
EXISTING
LAND USE: The property is zoned AGA and AG-2 Agricultural Districts.
SURROUNDING North:
• Wooded / AG-1 and AG-2 Agricultural Districts
LAND USE AND
. Heffington Drive, rural residential single-family /
ZONING: South:
AG-1 and AG-2 Agricultural Districts
• Rural residential single-family, North Landing Road
East:
/ AG-1 and AG-2 Agricultural Districts
• Rural residential single-family / AG-1 and AG-2
West:
Agricultural Districts
NATURAL
RESOURCE
AND
CULTURAL The subject area has mature tree stands along the north and west
FEATURES: perimeter of the property.
AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Oceana and NALF Fentress.
Summary of fProposa
in 2000, a Conditional Use Permit was granted for a 150 feet monopole for wireless
communication equipment. The current proposal intends to extend the monopole to a tip
height of 158 feet and install a 10 feet by 12 feet prefabricated equipment shelter to
house additional communications equipment.
The applicant has provided the information required by the City Zoning Ordinance,
including data on Non -Ionizing Electromagnetic Radiation (NIER) levels. The towers will
not exceed the level established by the Federal Communications Commission. The
required letter has been provided, insuring the structural integrity of the facility.
ALLTEL COMMUNICA
OF VIRGINIA
�nda Item-# 16
rage_.
The following represent the significant issues identified by the staff conceming this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Adherence to the existing conditions of the Use Permit.
Compatibility to the surrounding land uses.
Setback distances to residential dwelling units.
Comprehensive Plan
The Comprehensive Plan identifies this site to be within Princess Anne (formerly the
Transition Area). Development within this area should be designed around the natural
features of the site. The existing neighborhood character must be protected at all times
from inappropriate land use intrusion that does not provide a legitimate purpose to the
surrounding community. Extending the existing tower located on this wooded lot in lieu
of adding another tower is consistent with the policies of the Comprehensive Plan.
EvaluationStaff
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. In sum, due to the
existence of the existing transmission tower, staff feels that the addition of the antenna
would not intensify a negative visual impact for surrounding properties and would not
alter the character of the neighborhood. This alternative is preferred over the
construction of an additional, freestanding tower.
Staff, therefore, recommends approval of this request subject to the conditions below.
ALLTEL COMMUNICATIONS OF VIRGINIA
Agenda Item #-16
Page 3
Conditions
An interference and intermodulation study including proposed channels and the
City of Virginia Beach radio channels shall be provided to the Department of
Communications and Information Technology (COMIT) for review and approval
prior to detailed site plan approval.
2. The City of Virginia Beach Department of Communications and Information
Technology (COMIT), requires a radio frequency emissions study (RF Study),
conducted by a qualified engineer licensed to practice in the Commonwealth of
Virginia showing that the intended user(s) will not interfere with any City of
Virginia Beach emergency communications facilities be provided prior to
approval for all subsequent users.
In the event interference with any City emergency communications facilities
arises from the users of this tower, the user(s) shall take all measures reasonably
necessary to correct and eliminate the interference. If the interference cannot be
eliminated within a reasonable time, the user shall immediately cease operation
to the extent necessary to stop the interference.
4. The tower extension shall be developed as part of the existing standard gray
colored monopole. In the event that the Federal Aviation Administration or other
licensing entity requires that the tower be painted, the height of the tower shall be
reduced to a level that will not require it be painted. Lighting of the tower shall be
limited to a low-level day strobe with a red beacon at the top. If more intense
lighting is required, the tower height shall be reduced to a level where enhanced
lighting is not required. Prior to a building permit being obtained the applicant
shall work with City staff to reduce lighting effects at the ground level.
5. No trees shall be removed from the lease area identified on the plan except
where necessary to establish the equipment shelter for the proposed tower
extension. Construction plans submitted for this project must provide for tree
protection in the area.
6. The project must be developed in conformance with the submitted plans entitled
"Cover Sheet for North Landing Co -location Monopole Tower " Sheet CS-1, 1 of
3, Site Development Plan for North Landing Co -location Monopole Tower " Sheet
C-1, 2 of 3, Project Site Plan for North Landing Co -location Monopole Tower "
Sheet C-2, 3 of 3, prepared by Hoggard / Eure Associates, P.C., dated March 2,
2004.
ALLTEL COMMUNICATIONS OF
Agenda
RGINIA
4m # f R
rage, w
7. Should the antennae cease to be used for period of more than one (1) year, the
applicant shall remove the antennae and their supporting towers and related
equipment.
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.
ALLTEL COMMUNICATIONS --OF VIRGINIA
Agenda Item # 16
Page 5
Supplemental Information
Zoning History
CUP for Extension of an Existing Tower
1 2/26/93 Conditional Use Permit for an outdoor recreational
facility (Splat Attack) Withdrawn
2 3114100 Conditional Use Permit for 150 feet monopole Granted
ALLTEL COMMUNICATIONS:OF VIRGINIA
Agenda Item #-16
Page 6
Public Agency Comments
Public Works
Master Transportation Plan (MTP): There are no planned facility improvements
in this area at the current time.
Traffic Calculations: There will be no measurable impacts due to the proposed
communications tower extension.
Public Utilities
Water 1 Sewer: No water and sewer services are required for the proposed used.
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
strategies as they pertain to this site. Not applicable for the proposed use.
Fire and Rescue: Not applicable for the proposed use
ALLTEL COMMUNICATIONS.OF VIRGI,NIA
Agenda Item #.16
Page 7
Exhibit B
Location of
Tower on Site
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ALLTEL COMMUNICATIONS OF VIRGINIA
Agenda Item # 16
Page,9
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ALLTEL COMMUNICATIONS -OF VIRGINIA
Agenda Item #.16
Page 10
Exhibit D - 1
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Exhibit D - 2
Disclosure
Statement
Board ofBirectors situ Page I oft
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a.1. +6TIME tACalag +OUgiE aal1NC +TQi ktE55A61NG Quirk Ink:
TseaNaldedOd.
Homc Investor RSlafiors' C,orpvmte C+vvemanx 'n 5 Cr CONTENTS
Boam of oimE Wm Bios
Board of Directors Bios
Jw T. Ford
Chairman of tiro DOW of ALLTEL: prior n Jury 1, 2002. Chairman and Chief Ewoutsw Offcer of
;::zrate cmaunnrve ALLTEL Dewier of The Owl Cubomtion, Tinaron Inc., and EnPio pulnrias, Inddmcmr of ALI.
tun. i%O. Age 66.
�Can�*�,ece>� rvrc>
c4:t �i�:.rt vm< Dvrmis E. fouler
r x n 9rs Pdndol. Foster Thoroughbred bun abneno: prior b June W, 2000, Vke Chairman d th Boom
ALLTEL onacl of Yellow Cam. and NiScume Im ObvwbrdALLTEL Since 1A88. Memberof
..:. EL sur. EaKuy,.e Commidee. Age 63.
Jahn P. Meconnu
Civil and Chief Enculiue Officer and Dotter d Wormag on Indusbws, Inc.. Columbus. On
(imaged in mall prowaaing and mandsduring). Disdor of ALLTEL since 1994. Wmba of
Compemunon and Go mmance Committal Age W
La,L 49.98
Jwb C. Natori
'Change� a o09
Pr eadenm and Chid ExeaWe Olfiwr of The Nuium Company, Nee YON, New York tumob Iasi
Volume'. 232.208'.
hears wAn dfwss in Naw York and Manda), Macias of The FhAippira Ameaon FouWation.Tmr
Asian CWNnw Coundt DirectordALLTEL wino tg95. AbmberdGovemarwe Comm4be Age:
52 Wk High: 53.28
52 Wk Low. 43,62
Fred W. Smid,
V'ngrXD411:11 AM ET
Chan of me Boam of Tmsbea of the Donald W. (2eyneld5 Foundation, Las Vegas, Nevada. I
aim
PrkDebyetl 20 Mrvaes
of ALLTEL Since 1895. Member of Rudd Committee. Aga 69
SCdt T. Font
President and Chief Esearfive Officar of ALLTEL. prim b July 1, 2002. Pmaldent ail Chief Open
OMeerd ALLTEL. Ov*cfor of ALLTEL since 1996. Cha'mnan d Evau+tiva Commiax. Ape 41.
Lwnene, L. GaWnte t, IN
Cmimlan and Chef Eaaottive OFiwrof The Gollannesh Group, LLC, Atlanta. Cempis: prior to Jr
2W. Prasidad and Chief Openswo ORor of The Integral Group, Atlanta. Georgia: prior b Jam.
2001• Chaiman of eb Boam of Chimm&, HaaMwm dManta. Diredar of SunTrust Bank, All
Rock Tam Compary Dwsowof ALLTELsines199q. Chaiman dLpnpmsatwn CarlMltte@ex
member of Commence Committee. Age 47.
a. A.Wboty,Jr
Chairman of the Spam of Arkansas Oklahoma Gas Comoratian. Fort Snum, Mmusss; Vials PmP
Seonsbry, and Dh KWr of Matron Connotation: Penman -in EAM LLC. Dual of ALLTEL sane i1
Chairman of Pension Tma Immurement Committee and member of Fldiciu me Commimal Age 62,
Ronald Townsend
Commmusimu s C u sulbnt. Jad o mAle. Swift Director of Bank of Amemon Camorsew, Wi
S(ores, and "miler Inc. Director d ALLTEL skim 1992. Chaimten of Go,smama Commode a
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ALLTEL COMMUNICATIONS OF VIRGINIA
Agenda Item #:16
Page 12
Board of Dirmtors Was
0
Exhibit D - 3
Disclosure
Statement
Page 2 or2
member of Pennon Tnnt Imaaanent Commtg Age 62.
Job. P- t9elk
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robibr). D mwr of Ruddick CorWadon and Bank d Aamma. INsactor of ALLTELLsi me 1996. V
of Compensation and Audd Commftm. Age 45.
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Dy^amim Corporafon. 0lractor of ALLTEL since 1999. Member of Audit, Penrsbn Trust Inveeane
Ex fins Committees. Age 69.
Gregory W, Pmnke
Preskimt and orator of Pemad A Wmoln a Group Inc, EI Mania, Cn9omw uva b d Pennrs
Director of ALLDTE snnro 220M.DAkmlmdComPensafiWCOOmmIdIe�� 41MM �sdl. Fbride
Fronk E. Raid
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Pension Trust Ineaaoere Cemmeea. Age 68.
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Provlml Chet EXKd offew, am Dechw OfBbpl Im, am Blephein amp, me Dh
Dtlams IM orector of ALLTEL once 2002. Membm d EaeLvdee Conan e, Age 47.
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ALLTEL COMMUNICATIONS -OF VIRGINIA
Agenda Item* 16
Page 93
Item #16
Alltel Communications of Virginia No. 1, Inc.
Conditional Use Permit
3308 Heffington Drive
District 7
Princess Anne
:tune 9, 2004
CONSENT
William Din: The next item is Item #16 Alltel Communications of Virginia No. 1, Inc.
It's a Conditional Use Permit for a communications tower extension on property located
at 3308 Heffington Drive in the Princess Anne District. There are seven conditions.
Steve Forham: Steven Forham for Alltel. We have no concerns with the conditions.
William Din: Thank you. Is there any opposition to this item? If not, Mr. Knight will
also explain this item.
Barry Knight: I'm familiar with this piece of property also. There is already a tower on
the site that you can't see from the public road. You have to go up to the property to see
it. They want to add an antenna and a few feet to the existing tower. We think it's an
appropriate use of the land. That is what we want to do is piggy -back antennas on
existing towers.
William Din: Thank you Barry. Ms. Wood, I would like to make a motion to approve
Item 16, Alltel Communications of Virginia No. 1, Inc., with seven conditions.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, the motion passes.
ABSO ABSENTI
ABSENT
1 04/24/89
Conditional Use Permit (Tower)
Granted
2 06/12/89
Conditional Use Permit (Motor Vehicle Sales)
Granted
09/14/99
Conditional Use Permit (Carwash)
Granted
3 08/28/89
Conditional Use Permit (Motor Vehicle Sales)
Granted
4 08/14/90
Conditional Use Permit (Motor Vehicle Sales)
Withdrawn
5 10/14/97
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
6 06/13/00
Conditional Use Permit (Car Rental)
Granted
7 01/23/01
Conditional Use Permit (Automobile Service
Granted
Center)
8 02/27/01
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
9 06/11/02
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
i4 ��'Hiq
I
�r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Tidewater Imports, Inc. — Conditional Use Permit (motor vehicle sales and
service)
MEETING DATE: July 6, 2004
■ Background:
An Ordinance upon Application of Tidewater Imports, Inc. for a Conditional Use
Permit for motor vehicle sales and service on property located at 3148 and 3152
Virginia Beach Boulevard (GPINS 14970519790000; 14970546790000).
DISTRICT 5 — LYNNHAVEN
■ Considerations:
The applicant proposes to expand existing automobile sales and service
facilities. The expansion will include an addition to the existing automotive
service center and demolition of a portion of the existing Jeep and Chrysler
showroom for the construction and renovation of a larger showroom.
The proposed Conditional Use Permit is consistent with the recommendations of
the Comprehensive Plan. The Comprehensive Plan policies for this portion of the
Primary Residential Area recognize Virginia Beach Boulevard as one of the City's
major commercial and economically viable corridors. All new commercial
development in this area should be consistent with the goal of providing an
attractive, safe, and quality physical environment.
The proposed Conditional Use Permit request for Motor Vehicle Sales and
Service is compatible with the surrounding uses.
Staff recommended approval. There was opposition to the request. Conditions 3,
6, and 7 were added by the Planning Commission, at the agreement of the
applicant, in order to address the concerns of those opposed to the request.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve this request with the following conditions:
Tidewater Imports
Page 2 of 2
1. The site shall be developed substantially in accordance with the submitted
preliminary site plan titled "Conceptual Site Plan of Hall Hummer Virginia
Beach Blvd, Virginia Beach" prepared by MSA, P.C. and dated 04/23/04.
2. The applicant shall submit a site lighting plan with the site plan for review
by the Planning Department Staff. All lighting fixtures shall be designed to
prevent any direct reflection and / or glare toward adjacent uses and city
streets. Lighting shall be directed at the ground and not out horizontally or
toward the sky
3. No outdoor loudspeaker paging system shall be permitted and any
existing outdoor loudspeaker paging system shall be removed.
4. There shall be no pennants, streamers balloons, portable signs or banners
displayed on the site or the vehicles.
Vehicles shall be parked within the designated areas, and no vehicles
shall be parked or displayed within any portion of any public right-of-way
or in any landscaped area. No vehicles shall be displayed on ramps.
Vehicles shall not be used as barriers to prevent ingress or egress of the
site. Storage of vehicles awaiting sale shall not obstruct Fire Department
access to the site.
6. Parking lot maintenance and leaf blowing equipment be restricted to after
9:00 AM every day of the week.
7. Applicant to install an 8' high wood privacy fence in addition to the
required landscaping along the northeast property line adjacent to the
residential lots.
8. All work shall be performed inside the building.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/A ency: Planning Departmen y ;
City Manager: I
H07-217-CUP-2004
TIDEWATER IMPORTS, INC.
Agenda Item # 17
June 9, 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.
11K61WWL*111r!I11*1Va79agig•
REQUEST: Conditional Use Permit for Motor Vehicle Sales and Service.
LOCATION: Property
located on
3148 and
3152 Virginia
Beach
Boulevard.
GPIN: 14970544370000, 14970546790000 and 14970519790000
COUNCIL
ELECTION
DISTRICT: 5 — LYNNHAVEN
TIDEWATER IMPORTS, INC.
Agenda Item # 17
Page ,1
SITE SIZE: 1.92 acres and 2.95 acres
EXISTING
LAND USE: The property is zoned B-2 Business District.
SURROUNDING North: • Office buildings / 0-2 Office
LAND USE AND • Across Virginia Beach Boulevard are motor vehicle
ZONING: South: facilities / B-2 Community Business
East: • Single-family residential / R-7.5 Residential
West: • Motor Vehicle Sales / B-2 Community Business
NATURAL
RESOURCE
AND
CULTURAL There are no significant natural resources or known cultural features
FEATURES: on this site.
AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
Summary of Proposa
The applicant proposes to expand existing automobile sales and service facilities. The
expansion will include an addition to the existing automotive service center and
demolition of a portion of the existing Jeep and Chrysler showroom for the construction
and renovation of a larger showroom.
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
TIDEWATER
MPORTS,:INC.
jenda Item# 17
Page 2
Consistency with the recommendations of the Comprehensive Plan for this area.
Compatibility of the use with the surrounding area.
Comprehensive Plan
The Comprehensive Plan designates this area as part of the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus
strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. The established type,
size, and relationship of land use, both residential and non-residential, in and around
these neighborhoods should serve as a guide when considering future development.
The Comprehensive Plan policies for this portion of the Primary Residential Area
recognize Virginia Beach Boulevard as one of the City's major commercial and
economically viable corridors. All new commercial development in this area should be
consistent with the goal of providing an attractive, safe, and quality physical
environment.
Staff Evaluation
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal's
strengths in addressing the'Major Issues' are
(1) The proposed Conditional Use Permit is consistent with the recommendations of
the Comprehensive Plan.
(2) The proposed Conditional Use Permit request for Motor Vehicle Sales and
Service is compatible with the surrounding uses.
Staff, therefore, recommends approval of this request subject to the conditions below.
TIDEWATER IMPORTS, INC.
Agenda Item 4 17
Page:.3
Conditions
1. The site shall be developed substantially in accordance with the submitted
preliminary site plan titled "Conceptual Site Plan of Hall Hummer Virginia Beach
Blvd, Virginia Beach" prepared by MSA, P.C. and dated 04/23/04.
2. The applicant shall submit a site lighting plan with the site plan for review by the
Planning Department Staff. All lighting fixtures shall be designed to prevent any
direct reflection and / or glare toward adjacent uses and city streets. Lighting
shall be directed at the ground and not out horizontally or toward the sky
3. No outdoor loudspeaker paging system shall be permitted and any existing
outdoor loudspeaker paging system shall be removed.
4. There shall be no pennants, streamers balloons, portable signs or banners
displayed on the site or the vehicles.
5. Vehicles shall be parked within the designated areas, and no vehicles shall be
parked or displayed within any portion of any public right-of-way or in any
landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be
used as barriers to prevent ingress or egress of the site. Storage of vehicles
awaiting sale shall not obstruct Fire Department access to the site.
6. Parking lot maintenance and leaf blowing equipment be restricted to after 9:00
AM every day of the week.
7. Applicant to install an 8' high wood privacy fence in addition to the required
landscaping along the northeast property line adjacent to the residential lots.
8. All work shall be performed inside the building.
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 Citv Codes. Conditional use permits must be
TIDEWATER IMPORTS, INC.
Agenda Item # 17
Page,-4
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
TIDEWATER IMPORTS, INC.
Agenda Item # 17
Page. 5
Supplemental Information
Zoning History
l.Ul' - Automoone .)ales
1 44/24/89
Conditional Use Permit (Tower)
uramea
2 06/12/89
Conditional Use Permit (Motor Vehicle Sales)
Granted
09/14/99
Conditional Use Permit (Carwash)
Granted
3 08/28/89
Conditional Use Permit (Motor Vehicle Sales)
Granted
4 08/14/90
Conditional Use Permit (Motor Vehicle Sales)
Withdrawn
5 10/14/97
Conditional Use Permit (Motor Vehicle Sales & Service)
Granted
6 06/13/00
Conditional Use Permit (Car Rental)
Granted
7 01/23/01
Conditional Use Permit (Automobile Service Center)
Granted
8 02/27/01
Conditional Use Permit (Motor Vehicle Sales & Service)
Granted
9 06/11/02
Conditional Use Permit (Motor Vehicle Sales & Service)
Granted
TIDEWATER IMPORTS, INC.
Agenda Item# 17
Page 6
Public Agency Comments
Public Works
Master Transportation The existing right-of-way width for Virginia Beach
Plan (MTP): Boulevard is 150 feet in the vicinity of this application.
The Master Transportation Plan Map (adopted
December 2, 2003) specifies that Virginia Beach
Boulevard shall be a 150D facility in this vicinity. This
segment of Virginia Beach Boulevard exists as an eight
lane divided major urban arterial. There are no active
Capital Improvement Program roadway improvement
projects in this immediate vicinity. Consequently, there
is no requirement for additional right-of-way at this time.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
�4`9600SADce c)
Existing Land Use Z
Virginia
42 702
TNsroadway is
— 1,656 ADT
Beach
ADT'
Presently in Level of
Boulevard
Sewim D range.)
Proposed Land
Use 3 —1,656 ADT
'Average Daily Trips
' as defined by new car sales and service
as defined by new car sales and service
Public Utilities
Water: There is an 8 inch water main within a public entrance way adjacent
to Virginia Beach Boulevard. This site has an existing water meter,
which may be used or upgraded. A hydraulic analysis and water
meter sizing calculations are required to ensure potential water
demand can be met.
Sewer: There is an 8 inch sanitary sewer main within a public entrance way
adjacent to Virginia Beach Boulevard fronting the site. This site is
already connected to City sanitary sewer. Sanitary sewer and pump
station analysis for Pump Station 252 is required to determine if
flows can be accommodated.
TIDEWATER IMPORTS, INC.
Agenda Item #-17
Page 7
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
strategies as they pertain to this site.
Security for ingress and egress must be approved by 1
Fire Marshal so that Fire Department access is not
obstructed. Vehicles must not be used as barriers to
prevent ingress or egress to the site. Fire Department
concerns will be addressed during the building permit
TIDEWATER IMPOI
Agenda
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TIDEWATER IMPORTS, INC.
Agenda Item # 17
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Elevation
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TIDEWATER IMPORTS, INC.
Agenda Item 417
Page,12
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Translucent Rearl Grey
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FIVE STAR PANEL'.
Opaque Black background
White 'FIVE STAR' am7
pentastats
Cabinet Retainer
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TIDEWATER IMPORTS, INC.
Agenda Item # 17
Page 13
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TIDEWATER IMPORTS, INC.
Agenda Item # 17
Page, 14
Item #17
Tidewater Imports, Inc.
Conditional Use Permit
3148 & 3152 Virginia Beach Boulevard
District 5
Lynnhaven
June 9, 2004
REGULAR
Joseph Strange: The next item is Item #17 Tidewater Imports, Inc. This is a Conditional
Use Permit for motor vehicle sales and service on property located at 3148 & 3152
Virginia Beach Boulevard.
Billy Garrington: Thank you Madame Chairman, members of the Planning Commission.
Again for the record, I'm Billy Garrington, a local consultant here today on behalf of the
applicant Mr. Kenneth A. Hall, owner of Tidewater. I'm sorry it's not Tidewater. It's
now called Hall Pontiac/GMC, as you know, all the Hall dealerships. We're in front of
you today to ask for your approval of this Conditional Use Permit for what is known as
Hall Chrysler Jeep franchise at 3152 Virginia Beach Boulevard. As you see on the screen
at the comer of Cranston Lane and Virginia Beach Boulevard. This existing showroom
here is what will be demolished and a new showroom as you see on the color rendering in
front of you will be built in place of it. Here is the new showroom that will be built.
Here's the service addition that will be put on the back of one of the existing service
department buildings in the back. I'll be as brief as I can because I know there is some
opposition here to this. I will try to address that as quickly as possible. Staff has
recommended it for approval with the five conditions that you see in the staff write up
and we are in total agreement with those conditions. However, the need to expound upon
some of those conditions just a little bit if you will give me just a few moments. One of
the conditions are is that when this structure is built, there will be no outside paging
system. We totally agree with that but to further expound upon that at the existing
facility that's there now, which has been there for many years there is an outside paging
system that is currently in operation and it needs to go away. I say that with candor. I
can't stand here and say that is totally disconnected as I'm here today but I'm telling you
that we are in the process and I'm in the process of making sure that outside paging
system is taken out of service because if you look at the site plan and Mr. Weeden, if you
could put it back up, you have some residential houses along the back area here in this
section of Belle Haven that are very close to this piece of property. We are going to have
that paging system disconnected so that they don't have the problems with that before
and also, this addition that you see back here. I met with Ms. Prochilo and she was kind
enough to give me some letters that she had gotten from the neighbors about not having
any doors along this wall that would face towards these residential houses. That is in fact
the case with the plans that we have submitted there are no doors there. There are a
couple of housekeeping problems here that we need to address. Again, I'm trying to
make sure they are expedited as quickly as they can. We have some parking lot
maintenance people that come here on a weekly basis and do maintenance on this
Item #17
Tidewater Imports, Inc.
Page 2
property and they seem to have a propensity to start running leaf blowers and lawn
mowing equipment at 6:00 o'clock in the morning. And that is not fair. I say that with
candor to the people that are here in opposition. We are going to make sure and they
have written us a letter that not be done before 9:00 o'clock in the morning and again,
we're going to make sure that does take place. The residents of Belle Haven have also
asked us that they would like to have a privacy fence installed along here and maintained
at Mr. Hall's expense again to try and buffer our business from there residential. That
doesn't even have to be a condition because under site plan review we have to install
Category 4 landscaping between our business use and their residential use. Category 4
landscaping and if someone from the City staff will correct me if I'm wrong, I think
includes an eight -foot solid wooden fence along with landscaping to augment it also. So,
that's going to happen no matter what happens here and it doesn't even have to be a
condition because that is under site plan review. And last but not least, Madame
Chairman one of the people wanted to know a credible name and number of someone
they could call 7 days a week when they have problems. It's not me. I'm certainly not
going to give them my name. What I will say is that if they will elect a spokesperson and
tell me who that is we can go to the dealership as early as tomorrow and sit down with
the General Manager and get his name and his number and his cell phone number. If
they have a problem they can call the switchboard whenever they're open for daily
business. They can call the Hall Corporate office, which is right over on Lynnhaven
Parkway or we can give them someone's cell phone number so in case there a problem in
the future, we can have someone that they can talk to without just calling over and talking
to the switchboard and she's not knowing who to give it too. So, if they could just elect
somebody as a spokesperson we can take care of that and hopefully all of these problems
aren't a result of this redevelop but are some problems when you have commercial
business in residential trying to coexist side by side. I think we can get them worked out.
As a result of the redevelopment, I think they will have a better situation out there then
they have now. We are in total agreement with the conditions that the staff has placed
upon this application.
Dorothy Wood: Thank you Mr. Garrington. We appreciate it.
Billy Garrington: Thank you.
Dorothy Wood: Mr. Strange, will you please call the first speaker.
Joseph Strange: We have no one else in support but we do have three people in
opposition.
Dorothy Wood: I'm sorry. You had a question?
Ronald Ripley: We can get it at readdress.
Joseph Strange: You want to go ahead with that Ron?
Item #17
Tidewater Imports, Inc.
Page 3
Ronald Ripley: No.
Joseph Strange: The first person is Harold Pennington and speaking in opposition.
Dorothy Wood: Good afternoon sir.
Harold Pennington: Good afternoon. I'm Harold Pennington. I live at 3041 Belle Haven
Drive. And after hearing the presentation that you just had and if all of these things come
to be I think we have no problem. Thank you.
Dorothy Wood: Thank you. Does anyone have a question for Mr. Pennington? Thank
you sir.
Joseph Strange: The second speaker is G.L. Godfrey, Jr.
G.L. Godfrey: My name is Garnell Godfrey, Jr. I live right near close to where they're
going to be doing the service part. My back door is right there. One of my questions was
about the eight -foot fence, which if they're going to do it is great. It's just a link fence
and I got a privacy fence up against mine. I maintain it between the two fences. Like
you said that the door plans as long as there is not going to be any doors on that, I don't
have any problem with it. But I don't want any outside work done on vehicles outside
that business because the noise. There used to be a paint shop there behind us and now
they're turning it into a mechanic shop. I've lived there for almost 18 years and the only
other problems that we got with it that they're parking big vehicles that don't belong to
Hall, like a school bus. It's a white big bus, ladder trucks with the booms on them.
They're backed up to my fence and I got to look at that off my deck, which I don't
approve of. They replaced wood in my fence once because the wrecker dropped a car off
and it came through my fence. I've got just a problem with that and the loud speakers. If
they do away with that it's great. We had a problem with them about the car wash and it
being operated after hours and all, which they've done that and they don't operate until
8:00 o'clock and cut it off at 5:00 o'clock. One thing that we want to know is how close
are they going to bring this building to our fence line? We got a 20-foot easement on our
side and they have a 20-foot easement on their side and they already brought to my fence
their asphalt. So, on the plans it shows and it doesn't give us anything on the drawings of
these plans here, which I know is probably up there on that on different ones that we got.
That's pretty well much what I got to discuss about the whole thing. I know we're not
going to stop it from happening. I mean I love my neighborhood and I will be there. I try
to get along with people at Hall. So, that's just the aspects I've got.
Dorothy Wood: Thank you so much for coming. I'm sure that Mr. Garrington will
answer your question.
G.L. Godfrey: Thank you.
Joseph Strange: The next speaker is Mary Patterson.
Item #17
Tidewater Imports, Inc.
Page 4
Mary Patterson: Hello. I'm Mary Patterson. I live on 3037 Belle Haven Drive. I've
been living here for six years now and I have two young children. The only thing that I
have against it is that there is like some guys back there working profanity. I've been
hearing profanity back there when they get upset with the workers or something. And,
the other thing is can you turn the car alarms off at night because at 5:00 o'clock in the
morning I get up to go to work. I would appreciate you turning those car alarms off.
Sometimes I hear them but not all the time but once in a while I hear a car alarm which is
directly behind my house. Other alarms go off and of course I'm a light sleeper because I
have children. That does disturb my rest for 5:00 o'clock in the morning. But everything
else I agree. If they put the privacy fence up and everything and if they do it, that will be
great.
Dorothy Wood: Thank you. I'm sure Mr. Garrington will be glad to ask them not to use
profanity in your yard. Are there any questions of Ms. Patterson? Is there anyone else
Mr. Strange?
Joseph Strange: No. That's all.
Dorothy Wood: Yes sir. I'm sorry.
Franklin Sutton: My name is up there also.
Dorothy Wood: Okay. Would you please come up and identify yourself? We didn't see
your card. I'm sorry sir.
Franklin Sutton: Franklin Sutton, 3057 Belle Haven Drive. I'm quite concerned in what
he's saying. If he has all that to be done, the fence he's going to do. That is great. The
fence that's there has not been done anything to since day one. I have even offered to put
slats in it for him if he would just buy them. I would do it. Like water running off a
duck's back. The way I was talking to him. But the corner is pretty much the north
comer, which is the closest one. It is very concerning to me as how close it is going to be
to the fence that's there. Is that fence going to be put back where it is now? Okay. That
will be fine. We have flowers growing back there. That's a concern there. Also, am I
correct if you said that on that wall facing us, there will be no doors?
Billy Garrington: That's correct.
Franklin Sutton: So the entrance would be one door on this side and one on that side?
Billy Garrington: That's correct. The only overhead doors that you will have in the new
building, is one at this end of the building and one here on the back side.
Franklin Sutton: Okay. Do you know the distance from that corner?
Item #17
Tidewater Imports, Inc.
Page 5
Billy Garrington: Sir, I don't know that but I could probably scale it off but it meets the
zoning requirements. I don't know exactly how close they are.
Franklin Sutton: Are they going to have enough room to drive vehicles back through
there?
Billy Ganington: Certainly. There is more than enough room to get vehicle and traffic.
Franklin Sutton: The fence did at one time blocks. The car didn't run up against it but
they've taken those off. The fence is now bent where cars from people working back
there, parking them off the wrecker, off of just driving them in from the shop. They hit
the fence. They're the ones that broke those slats from running into them. If they take
care of that and do the work they say to do it I think we will be alright. I would like to
see it all in black and white.
Dorothy Wood: Thank you sir.
Franklin Sutton: On paper.
Dorothy Wood: And I am sure they will do that for you sir. I appreciate you very much
coming today. Mr. Garrington? Mr. Ripley has a question for you.
Ronald Ripley: Actually most of my questions were answered by dialogue with the
residents. Sounds like they're working out a plan that is to best it can be compatible
between the two uses. I think what I did hear is about the outside work and I had
question is that can we add that condition?
Billy Garrington: That should be Condition #6. There should be no outside vehicle
repairs taken place at all. Any repairs should be taken care inside the building itself.
Ronald Ripley: Good.
Billy Garrington: And hopefully that would take care of some of the profane language
but if any of you have never been a mechanic and I was when I was going through
college, it's not a real good job. Whenever our car breaks down we always like the fact
that there were mechanics out there that knew how to put them back together. And, like I
said Mrs. Chairman, if they would just elect a spokesperson, we can meet early as
tomorrow or whenever it is convenient with the two parties, we can sit down with the
General Manager, get the name and phone number and someone cell phone number and
anytime they have a problem whether than having to chase that through the dealership at
the girl who is operating the switchboard that she doesn't know who to send them to we
can make sure that we get them a contact that they can call directly and hopefully we
won't have them to chase somebody around every time they have a problem. With
regard to the vehicles that are parked there, obviously there are going to be many vehicles
that are going parked there that the Hall Organization doesn't own because they have a
Item #17
Tidewater Imports, Inc.
Page 6
repair facility. And at some time there are going to be school buses and there are going
to be work trucks that people buy because that is something they service also. With
regard to the vehicle alarms, I mean every car that comes nowadays, comes with an alarm
on it. Usually that is a result of someone vandalizing a car and setting off the alarm.
Now that doesn't help these people because if I'm sitting there and somebody's car alarm
goes off at 2:00 o'clock in the morning because somebody broke into it, it is bothersome
but that is something that's going to mighty hard to stop and all we can do is hope that we
can get vandalism under control but that's what happens is when somebody tries to break
into a car in the middle of the night and the burglar alarm goes off and you hear it if you
live anywhere's close to it. I think if we can meet and get together, I think we can take
care of 99 percent of the problems.
Dorothy Wood: I'm sure you can Mr. Garrington. I appreciate it.
Ronald Ripley: Do you have security there at night?
Billy Garrington: Yes sir. Still doesn't stop them.
Ronald Ripley: Okay.
Billy Garrington: They have a security guard that is there at the gate that's there seven
days a week. Security guards, locks, fences keep honest people honest and that is all it's
ever going to do and that is all that is has ever done. Where there's a will there's a way.
If someone wants to try to break into a car they're going to find a way to scale that fence
and they're going to be balancing a battery on their head and a stereo and CD player
under one arm.
Dorothy Wood: Thanks Billy. Barry?
Barry Knight: I think he addressed everyone's concerns except there has been some
needed repairs to the fence from time to time.
Billy Garrington: That's correct.
Barry Knight: And they do back into them. I didn't know if you could possibly put some
bumpers up there where they couldn't get close to the fence and or if the fence is
damaged and we're not going to put this as a condition but could you all make sure you
expedite it. That's the first thing they see is their fence.
Billy Garrington: What you've got now is chain link fence that has the aluminum slats in
it that was put up way back in the late. Wood slats, I'm sorry. You're exactly correct.
Which crack worse than the aluminum ones that you put in. What you will have now is a
solid eight -foot wooden fence, with landscaping in front so you will have more of a
buffer in front of the fence then you have there now. Obviously, you don't want to go to
the expense of putting in a solid wooden fence and start backing into that and doing
Item #17
Tidewater Imports, Inc.
Page 7
damage to the fence and the cars. So, they will take care of that with bumper blocks or
some type of protecting to make sure that fence isn't damaged in the normal operation of
the business.
Dorothy Wood: Are there any other questions?
Billy Garrington: Thank you very much.
Dorothy Wood: Thank you Mr. Garrington. Mr. Godfrey, we normally don't allow
someone to come back unless they're sponsored.
G.L. Godrey: All I wanted to do was make a request about the lighting. I didn't hear
anything about that.
Dorothy Wood: It's in the condition sir.
William Din: Would you please come up?
Dorothy Wood: Would you sponsor him?
William Din: Yes.
Dorothy Wood: Mr. Din said he would sponsor you if you wanted to come up.
G.L. Godfrey: Yes sir. The only other thing that I had was about the lighting. I didn't
hear it announced or not.
Dorothy Wood: Well, it's on the conditions. I think Mr. Garrington will show it to you.
William Din: I think its Condition #2.
G.L. Godfrey: It must the same ones that I have here. I've got a copy of what was
submitted.
William Din: Thank you.
Dorothy Wood: Thank you for coming. Are there any other questions? Discussion?
Eugene Crabtree: Dorothy?
Dorothy Wood: Yes.
Eugene Crabtree: I'm well familiar with this because this is close to my neighborhood. I
go by there all the time and I'm familiar with the operation. The improvements that they
have and what the elevations and what they're going to do is going to improve that
Item #17
Tidewater Imports, Inc.
Page 8
property greatly. Plus the fact that it appears to me from listening to the neighbors and
the representative of Hall they have done just about everything in their power to get along
and to work together and I can see no reason why it won't go forth from here. Therefore,
I'm going to be all for it and vote in favor of the application.
Dorothy Wood: Is that a motion sir?
Eugene Crabtree: Yes ma'am. I will make a motion that we approve the application and
it's conditions and proffers as submitted.
William Din: I second.
Dorothy Wood: You have a comment Mr. Ripley?
Ronald Ripley: Does that include the sixth condition that the applicant said he would use
all work prepare shall be performed inside the building.
Eugene Crabtree: It's already there I think.
Barry Knight: No it's not. You can include that.
Eugene Crabtree: Okay.
Dorothy Wood: Any other discussion?
Robert Miller: I need to abstain from this vote. My firm is working on the project.
Dorothy Wood: Thank you Mr. Miller. Thank you Mr. Ripley.
AYE 9 NAY 0 ABS 1 ABSENT 1
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
MILLER
ABS
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 9-0, with the abstention so noted, the motion passes.
June 1, 2004
To: Karen Prochilo
From: Residents of Belle Haven
Reference: Tidewater Imports Conditional Use Permit Application
Dear Karen,
We the residents of Belle Haven are aware of the request from Tidewater
Imports for a conditional Use Permit, for land adjacent to our homes. We
thank you for the opportunity to express our concerns and expect that they
will be taken into consideration when processing the request by Tidewater
Imports. We feel that these requests are reasonable and will impose no
financial burden on Tidewater Imports and at the same time serve to
alleviate conditions that currently negatively impact the quality of our lives
_. as well as our property values. Below our concerns will be itemized and we
request specific responses to each item listed below. We request your
response in a timely manner, so that should we need to seek legal council we
will have sufficient time to do so.
We request that present loud speaker system and future loud speaker
communication systems refrain from use permanently. Currently we are
subject to daily announcements and paging over this system and it greatly
disturbs our peace.
We requests that outdoor lot and building lighting be re -directed as to not
shine towards our homes.
We requests that NO service center doors open toward our homes.
Currently we are subject to daily conversations, often with expletives
coming from the workers directly behind our fences. We request that
these doors be closed during working hours as well as do not directly
face our homes.
• We request that parking lot maintenance and leaf blowing equipment be
restricted to after 9:00 am 7 days a week.
We request the name and relevant phone numbers of the manager who
would handle our complaints should Tidewater Imports ever become
non -compliant with these requests, to be available 7 days per week.
• We request full disclosure of all building and development plans for
review prior to construction so that should we have additional concerns
after seeing said plans, we would have sufficient time to request such
changes.
• We request privacy fencing put in place between our properties and that
Tidewater Imports maintain such fencing in good condition.
Thank you again for your consideration in addressing our concerns. We look
forward to your response.
Sincerely,
The residents of Belle Haven
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CUP - Motor Vehicle Sales
ACTION
2
06/12/89
Conditional Use Permit (Motor Vehicle Sales)
Granted
09/14/99
Conditional Use Permit (Motor Vehicle Sales)
Granted
3
08/28/89
Conditional Use Permit (Carwash)
Granted
4
08/14/90
Conditional Use Permit (Motor Vehicle Sales)
Withdrawn
5
10/14/97
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
6
06/13/00
Conditional Use Permit (Car Rental)
Granted
7
01/23/01
Conditional Use Permit (Automobile Service
Granted
Center)
8
02/27/01
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
9
06/11/02
Conditional Use Permit (Motor Vehicle Sales &
Granted
Service)
Joq\Nµ Crl�
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A
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Kenneth A. Hall — Conditional Use Permit (motor vehicle sales)
MEETING DATE: July 6, 2004
■ Background:
An Ordinance upon Application of Kenneth A. Hall for a Conditional Use Permit
for motor vehicle sales on property located at 3252 Virginia Beach Boulevard
(GPIN 14879564220000). DISTRICT 5 — LYNNHAVEN
■ Considerations:
The applicant proposes a renovation and an expansion of approximately 5,485
square feet to the existing Hall Hummer building.
The proposed use is consistent with the recommendations of the Comprehensive
Plan. The Comprehensive Plan policies for this portion of the Primary Residential
Area recognize Virginia Beach Boulevard as one of the City's major commercial
and economically viable corridors. All new commercial development in this area
should be consistent with the goals of providing an attractive, safe, and quality
physical environment.
The proposed use is also compatible with the surrounding uses in the area.
The Planning Commission placed this item on the consent agenda because it is
the expansion of an existing business and is an appropriate use for the site.
Staff recommended approval.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve this request with the following conditions:
The site shall be developed substantially in accordance with the submitted
preliminary site plan titled "Conceptual Site Plan of Hall Hummer Virginia
Beach Blvd, Virginia Beach" prepared by MSA, P.C. and dated 04/23/04.
2. The applicant shall submit a site lighting plan with the site plan for review
by the Planning Department Staff. All lighting fixtures shall be designed to
Kenneth A. Hall
Page 2 of 2
prevent any direct reflection and / or glare toward adjacent uses and city
streets. Lighting shall be directed at the ground and not out horizontally or
toward the sky
3. No outdoor loudspeaker paging system shall be permitted.
4. There shall be no pennants, streamers balloons, portable signs or banners
displayed on the site or the vehicles.
5. Vehicles shall be parked within the designated areas, and no vehicles
shall be parked or displayed within any portion of any public right-of-way
or in any landscaped area. No vehicles shall be displayed on ramps.
Vehicles shall not be used as barriers to prevent ingress or egress of the
site. Storage of vehicles awaiting sale shall not obstruct Fire Department
access to the site.
■ 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: IL. NVOI�L
H07-216-CUP-2004
KENNETH A. HALL
Agenda Item # 18
June 9, 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.
Location and General Information
REQUEST: Conditional Use Permit for Motor Vehicle Sales
LOCATION: Property
located at
3252 Virginia
Beach
Boulevard.
b
GPIN: 14879564220000
COUNCIL
ELECTION
DISTRICT: 5 - LYNNHAVEN
o° 2
WMI MA
-'W" L�`3
SITE SIZE: 1.194 acres
KENNETH A. HALL
Agenda Item #-18
Page 1
EXISTING
LAND USE: The property is zoned B-2 Business District.
SURROUNDING North: • Office buildings / 0-2 Office
LAND USE AND . Across Virginia Beach Boulevard are motor vehicle
ZONING: South: facilities / B-2 Community Business
East: • Motor Vehicle Sales / B-2 Community Business
West: • Retail / B-2 Community Business
NATURAL
RESOURCE
AND
CULTURAL There are no significant natural resources or known cultural features
FEATURES: on this site.
AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
The applicant proposes a renovation and an expansion of approximately 5,485 square
feet to the existing Hall Hummer building.
Major "Issues
The following represent the significant issues identified by the staff concerning this
request. Staffs evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Consistency with the recommendations of the Comprehensive Plan for the area.
Compatibility with land use in the surrounding area.
KENNETH A. HALL
Agenda Item # 18
Page 2
3.
Comprehensive
The Comprehensive Plan designates this area as a part of the Primary Residential
Area. The land use planning policies and principles for the Primary Residential Area
focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. The established type,
size, and relationship of land use, both residential and non-residential, in and around
these neighborhoods should serve as a guide when considering future development.
The Comprehensive Plan policies for this portion of the Primary Residential Area
recognize Virginia Beach Boulevard as one of the City's major commercial and
economically viable corridors. All new commercial development in this area should be
consistent with the goals of providing an attractive, safe, and quality physical
environment.
;k
Staff Evaluation
Staffs evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposed use is
consistent with the recommendations of the Comprehensive Plan. The proposed use is
also compatible with the surrounding uses in the area.
Staff, therefore, recommends approval of this request subject to the conditions below.
Conditions
1. The site shall be developed substantially in accordance with the submitted
preliminary site plan titled "Conceptual Site Plan of Hall Hummer Virginia Beach
Blvd, Virginia Beach" prepared by MSA, P.C. and dated 04/23/04.
2. The applicant shall submit a site lighting plan with the site plan for review by the
Planning Department Staff. All lighting fixtures shall be designed to prevent any
KENNETH A. HALL
Agenda Item # 18
Page 3
direct reflection and I or glare toward adjacent uses and city streets. Lighting
shall be directed at the ground and not out horizontally or toward the sky
3. No outdoor loudspeaker paging system shall be permitted.
4. There shall be no pennants, streamers balloons, portable signs or banners
displayed on the site or the vehicles.
5. Vehicles shall be parked within the designated areas, and no vehicles shall be
parked or displayed within any portion of any public right-of-way or in any
landscaped area. No vehicles shall be displayed on ramps. Vehicles shall not be
used as barriers to prevent ingress or egress of the site. Storage of vehicles
awaiting sale shall not obstruct Fire Department access to the site.
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
KENNETH A. HALL
Agenda Item #-18
Page,4
a.
Supplemental Information
Zoning History
# I DATE I REQUEST ACTION I
1 04/24/89 Conditional Use Permit (Tower) Granted
2 06/12/89
Conditional
09/14/99
Conditional
3 08/28/89
Conditional
4 08/14/90
Conditional
5 10/14/97
Conditional
6 06/13/00
Conditional
7 01/23/01
Conditional
8 02/27/01
Conditional
9 06/11/02
Conditional
Use Permit (Motor Vehicle Sales)
Use Permit (Motor Vehicle Sales)
Use Permit(Carwash)
Use Permit (Motor Vehicle Sales)
Use Permit (Motor Vehicle Sales & Service)
Use Permit (Car Rental)
Use Permit (Automobile Service Center)
Use Permit (Motor Vehicle Sales & Service)
Use Permit (Motor Vehicle Sales & Service)
granted
Granted
Granted
Withdrawn
Granted
Granted
Granted
Granted
Granted
KENNETH A. HALL
Agenda Item #.18
Page 5
Public Agency Comments
Public Works
Master Transportation The existing right-of-way width for Virginia Beach
Plan (MTP): Boulevard is 150 feet in the vicinity of this application.
The Master Transportation Plan Map (adopted
December 2, 2003) specifies that Virginia Beach
Boulevard shall be a 150 foot wide right-of-way divided
roadway in this vicinity. This segment of Virginia Beach
Boulevard exists as an eight lane divided major urban
arterial. There are no active Capital Improvement
Program roadway improvement projects in this
immediate vicinity. Consequently, there is no
requirement for additional right-of-way at this time.
Traffic Calculations:
ii
Street Name
Present
Volume
Present
Capacity
Generated Traffic
34,960
AD.
Existing Land Use z
for or
Virginia Beach
42,702
service C.
— 365 ADT
Boulevard
ADT'
(this roadway is
presently in Level
Proposed Land
of service D
Use 3 - 365 ADT
range.)
A u in
verage ay Ps
' as defined by new car sales
' as defined by new car sales
Public Utilities
Water: There are a 20" water main and a 16" water main in Virginia Beach
Boulevard fronting the site. This site has an existing water meter,
which may be used or upgraded. A hydraulic analysis and water
meter sizing calculations are required to ensure potential water
demand can be met.
Sewer: There is an 8" sanitary sewer main within a public utility easement in
the rear of the site. This site is already connected to city sanitary
sewer. Sanitary sewer and pump station analysis for Pump Station
KENNETH A. HALL
Agenda Item # 18
Page 6
#244 is required to determine if flows can be accommodated.
Storm Water
Storm Water: Site should do water quality in accordance with CBPA and
adhere to the existing drainage patterns.
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
strategies as they pertain to this site.
Fire and Rescue: Security for ingress and egress must be approved by the
Fire Marshal so that Fire Department access is not
obstructed. Vehicles must not be used as barriers to
prevent ingress or egress to the site. Fire Department
concerns will be addressed during the building permit
KENNETH A. HALL
Agenda Item # 18
Page 7
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Exhibit C
Rendering of
Proposed
Building
KENNETH A. HALL
Agenda Item # 18
Page 10
Exhibit D
Proposed
Building
Elevation
METH A. HALL
lenda Item # 18
Page 11
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KENNETH A. HALL
Agenda Item #_18
Page 12
Item #18
_ - Kenneth A. Hall
Conditional Use Permit
3252 Virginia Beach Boulevard
District 5
Lynnhaven
June 9, 2004
CONSENT
William Din: The next item is Item #18 Kenneth A. Hail. This is a Conditional Use
Permit for motor vehicle sales on property located at 3252 Virginia Beach Boulevard in
the Lynnhaven District. There are five conditions.
Billy Garrington: Thank you Madame Chairman, ladies and gentlemen of the Planning
Commission. For the record, I'm Billy Garrington here on behalf of the applicant Mr.
Kenneth A. Hall. There are five conditions included in the staff report and we are in total
agreement with all of five of those conditions.
William Din: Thank you Mr. Garrington. Is there any opposition to placing this on
consent? If not, Mr. Knight will also explain this one.
Barry Knight: The applicant proposes a renovation and expansion of the existing
business. That's exactly what we would like to see happen on this property. If someone
wants to expand their business and is in conformity and if it will make it look a lot nicer
that's exactly what we want. We think it's an appropriate use of the land.
William Din: Thank you Barry. Ms. Wood, I would like to make a motion to approve
Item #18, Kenneth A. Hall with five conditions.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
Mr. Miller, did you like to add something?
Robert Miller: Yes. I need to abstain from Item #18. My firm is working on that
project.
Dorothy Wood: Thank you.
AYE 9 NAY 0
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
ABS1 ABSENTI
Item #18
Kenneth A. Hall
Page 2
KATSIAS
ABSENT
KNIGHT
AYE
MILLER
ABS
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 9-0 with the abstention noted, the motion passes.
# D—ATE = REQUEST I ACTION
1 11-25-03 Conditional Use Permit (Automobile Sales) Approved
10-07-85
Rezoning (AG-2 Agricultural to B-2 Business) Approved
f �l
4 �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: David P. Maher — Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District and a
Conditional Use Permit (motor vehicle sales)
MEETING DATE: July 6, 2004
■ Background:
(a) An Ordinance upon Application of David P. Maher for a Change of Zoning
District Classification from AG-2 Agricultural District to Conditional B-2
Community Business District on property located on the west side of
Oceana Boulevard, 297.74 feet south of Beacons Reach Drive (GPIN
24154950900000). The Comprehensive Plan designates this site as being
part of the Primary Residential Area, suitable for appropriately located
suburban residential and non-residential uses consistent with the policies of
the Comprehensive Plan. DISTRICT 6 — BEACH
(b) An Ordinance upon Application of David P. Maher for a Conditional Use
Permit for motor vehicle sales on property located on the west side of
Oceans Boulevard, 297.74 feet south of Beacons Reach Drive (GPIN
24154950900000). DISTRICT 6 — BEACH
■ Considerations:
The applicant wishes to rezone the site from AG-2 Agricultural to Conditional B-2
Business and obtain a Conditional Use Permit for Automobile Sales. The site
directly north is already zoned B-2 and was approved for a Conditional Use
Permit for Automobile Sales in November 2003. The applicant is in the process
of purchasing that site so that he may combine both sites into a unified
development.
The applicant proposes to develop the site with an attractive building, vehicle
display areas and landscaping consistent with the site and architectural design
submitted with the use permit approved in November 2003.
This request is consistent with the recommendations of the Comprehensive Plan
for the area. The proposed use provides a limited commercial activity. The
proffers will insure that the site is developed in a coordinated manner.
David P. Maher
Page 2 of 2
The proposed use is compatible with NAS Oceana airfield operations.
The proposed rezoning and use permit are compatible with the surrounding
commercial and residential uses located within the immediate area. Additional
consideration has been given to the residential properties behind the subject site
through the inclusion of proffers that maintain a wooded buffer at the rear of the
property, prohibit outside storage, prohibit an outside paging or music system,
and limit minor repair work and cleaning to the inside of the building
The Planning Commission placed this item on the consent agenda because it is
consistent with surrounding land uses and the recommendations of the
Comprehensive Plan. Staff recommended approval.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the requests as proffered and with the following condition:
Hours of operation are limited to Monday through Friday, 9:00 am to
8:OOpm, Saturday, 10:00 am to 6:00 pm, and Sunday, Noon to 5 pm.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department�4—
City Manager L'IN M
L09-213-CRZ-2004
L09-213-CUP-2004
DAVID P. MAHER
Agenda Items # 2 & #3
June 9, 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.
::"YY3i'. ..:t Y MGLl2. �f AN4N Imjl 4A ..
Location and General Information
REQUEST: 2. Change of Zoning District Classification from AG-2 Agricultural to
Conditional B-2 Business.
3. Conditional Use Permit for Motor Vehicle Sales
LOCATION: Property located on the
west side of Oceana
Boulevard, 298 feet
south of Beacons Reach
Drive
A-IZ
GPIN: 2415495090
COUNCIL
ELECTION
DISTRICT: 6 - BEACH
DAVID P. MAHER
Agenda Items # 2 & # 3
Page 1
SITE SIZE: Zoning change: 14,375 square feet
Total site to be encumbered by Use Permit: 37,100 square feet
EXISTING
LAND USE: Vacant, undeveloped property
SURROUNDING North: • Undeveloped, wooded property / B-2 Business
LAND USE AND South: • Undeveloped, wooded property / B-2 Business
ZONING: East: . Oceana Boulevard
Across Oceana Boulevard is the United States
Navy Commissary / R-5D Residential and A-12
Apartment
West: • Single -Family Dwellings / R-5D Residential
NATURAL
RESOURCE
AND
CULTURAL Currently the site is wooded, however there are no significant natural
FEATURES: resources or cultural features on the site.
AICUZ: The site is in an AICUZ of greater that 75dB Ldn surrounding NAS
Oceana. The United States Navy's Air Installation Compatible Use
Zone Program considers this type of use compatible with airfield
operations.
gf Summary of Proposa
The applicant wishes to rezone the site from AG-2 Agricultural to Conditional B-2
Business and obtain a Conditional Use Permit for Automobile Sales. The site directly
north was approved for a Conditional Use Permit for Automobile Sales in November
2003. The applicant is in the process of purchasing that site so that he may combine
both sites into a unified development.
The applicant proposes to develop the site with an attractive building, vehicle display
areas and landscaping consistent with the site and architectural design submitted with
the use permit approved in November 2003.
DAVID P. MAHER
Agenda items # 2 & # 3
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
Consistency with the recommendations of the Comprehensive Plan.
Compatibility with NAS Oceana airfield operations.
Compatibility with adjacent residential properties.
Comprehensive Plan
The Comprehensive Plan Map designates the area as Primary Residential. The Plan
recognizes the primacy of protecting the overall character, economic value and
aesthetic quality of stable neighborhoods. The plan also emphasizes the suburban
characteristics of commercial centers and non-residential areas that make up part of the
Primary Residential Area. Limited commercial or industrial activities near residential
areas providing desired goods or services to residential neighborhoods may be
considered acceptable uses on the edge of established neighborhoods provided
effective measures are taken to ensure compatibility and non-proliferation of such
activities.
DAVID P. MAHER
Agenda Items # 2 &# 3
Page
rcTM k ex:
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1 When the Property is developed, in order to achieve a
coordinated design and development on the site in terms
of vehicular circulation, parking, landscape buffering and
building orientation, the "Automobile Center', dated
1/27/2004, prepared by Mel Smith & Associates, which
has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning
(Site Plan) shall be substantially adhered to.
PROFFER # 2 When the Property is developed, the architectural design
and building material and colors of the Auto Sales building
will be substantially as depicted on the exhibit entitled
"Paradise Auto Sales", prepared by Dimensional Designs,
Inc., dated 2/23/04, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning shall be substantially
adhered to (Elevation).
PROFFER # 3 When the Property is developed, the freestanding sign
shall be a monument or column -style sign no more than
eight feet in height constructed of materials to match the
building. The building sign shall be compatible with the
architecture and subject to approval by the Planning
Director or designee. There shall be no other signs, neon
signs, or neon accents installed on any other wall area of
the exterior of the building, windows, doors, light poles, or
any other portion of the site.
PROFFER # 4 When the Property is developed, all lighting on the site
DAVID P. MAHER
Agenda Items # 2 &# 3
Page 4
shall be consistent with those standards recommended by
the Illumination Engineering Society of North America
(IESNA). A photometric lighting plan indicating the number
and types of lights will be submitted as part of the formal
site plan submission for review by the Planning
Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED)
principles and practices. Lighting shall be installed and
operated as shown on the approved plan. All lighting shall
be directed inward and downward within the site.
PROFFER # 5 That upon acquisition of parcel two by Maher, he will take
such efforts as are necessary to vacate the common
boundary line between parcels one and two. Only one curb
cut shall be made from Oceana Boulevard to allow an
ingress/egress to, and to otherwise serve, the property.
PROFFER # 6 Landscaping shall meet or exceed all applicable
requirements of the Zoning Ordinance and Site Plan
Ordinance. All trees with a caliper of two -inches or greater
shall be preserved within the Category IV buffer area on
the west side of the property. Trees and/or shrubs shall be
supplemented where necessary to meet or exceed the
Category IV buffer requirement.
PROFFER # 7 Vehicles for display shall be at least ten feet from the right-
of-way and shall be parked in the designated display areas
only. (The final designated display areas shall be
determined during the detailed site plan review process.)
No vehicles shall be parked within any portion of the public
right-of-way or within the vehicular entrances to the
property. Vehicles shall not be displayed on ramps,
berms, or other elevating devices.
PROFFER # 8 There shall be no pennants, streamers, banners, balloons,
or searchlights displayed on the site at any time.
PROFFER # 9 Vehicle service and repair shall be limited to washing,
detailing, and routine maintenance of vehicles for sale
only. All of the service and repair activity shall take place
inside the building.
PROFFER # 10 No outside storage of junk or salvage vehicles shall be
DAVID P. MAHER
Agenda Items # 2 & # 3
Page 5
permitted. If vehicles in this condition require storage,
then such vehicles shall be stored within the building.
PROFFER # 11 No outside storage of equipment, parts or materials shall
be permitted.
PROFFER # 12 No outside paging or music system shall be permitted.
PROFFER # 13 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 proffers are acceptable. The proffers have been
Proffers: crafted to insure that the site will be developed in a
coordinated manner with the site to the north. The
applicant proffered items 6 through 12 to mirror the
conditions attached to the use permit for the site to the
north.
City Attorney's The City Attorney's Office has reviewed the proffer
Office: agreement dated May 24, 2004, and found it to be legally
sufficient and in acceptable legal form.
r�H
Staff Evaluan tio
Staff recommends approval of this request.
Staffs evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the 'Major Issues' identified above. The
proposal's strengths in addressing the 'Major Issues' are
(1) The request is consistent with the recommendations of the Comprehensive Plan
for the area. The proposed use provides a limited commercial activity. The
proffers insure the site will be developed in a coordinated manner.
DAVID P. MAHER
Agenda Items # 2 &# 3
Page 6
(2) The proposed use is compatible with NAS Oceana airfield operations.
(3) The proposed use is compatible with the surrounding commercial and residential
uses located within the immediate area. Additional consideration has been given
to the residential properties behind the subject site through the inclusion of
proffers that maintain a wooded buffer at the rear of the property, prohibit outside
storage, prohibit an outside paging or music system, and limit minor repair work
and cleaning to inside the building
Staff, therefore, recommends approval of this request.
Conditions
Hours of operation are limited to Monday through Friday, 9:00 am to 8:00 pm,
Saturday, 10:00 am to 6:00 pm, and Sunday, Noon to 5 pm.
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
DAVID P. MAHER
Agenda Items # 2 & # 3
Page 7
Z wON
Supplemental Information 4
Zoning History
10-07-85
Rezoning (AG-2 Agricultural to B-2 Business) Approved
DAVID P. MAHER
Agenda Items # 2 &# 3
Page 8
Public Agency Comments
Public Works
Master Transportation Oceana Boulevard in front of this application is a four
Plan (MTP): lane urban minor arterial. Improvements have recently
been completed, widening the road from two to four
lanes.
Traffic Calculations:
Street Name
Present
Volume
Present
Capacity
Generated Traffic
Existing Land Use
Oceana
25,560
27,400
- 105
Boulevard
ADT'
ADT'
Proposed Land
Use' - 563
' Average Daily Trips
3 as defined by the existing zoning
3 as defined by auto mobile sales
Public Utilities
Water: There is an existing 12-inch water main in Oceana Boulevard. This
site must connect to City water.
Sewer: There is an 8-inch sewer main in Oceana Boulevard. Sewer and
pump station analysis of Pump Station 127 is required to ensure
flows can be accommodated.
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
strategies as they pertain to this site.
Fire and Rescue: Vehicles must not be parked to prevent ingress/egress to
the property. Any security for the property must be
approved by the Fire Marshal so that Fire Department
access is not obstructed. Fire lanes may be required.
DAVID P. MAHER
Agenda Items # 2 & # 3
Page 9
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DAVID P. MAHER
Agenda Items # 2 & # 3
Page 11
Exhibit C
Proposed Free-
standing Sign
DAVID P. MAHER
Agenda Items # 2 &# 3
Page 12
Exhibit D
Proposed
Building
Elevation
DAVID P. MAHER
Agenda Items # 2 &,# 3
Page 13
Exhibit E -1
Disclosure
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Agenda Items # 2 & # 3
Page 14
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Agenda Items # 2 & # 3
Page 15
DEPARTMENT OF THE NAVY
NAVA;. AIR STATION OCEANA
1`550 TCrr-A' BOULEVARD
VIRGINIA BEACH VIRGINJA 23460,168
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Exhibit F
Supplemental
Information
IN REF1V II=°ER TO
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April 19, 2004
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DAVID P. MAHER
Agenda Items # 2 & # 3
Page 16
Item #2
David P. Maher
Change of Zoning District Classification
West side of Oceana Boulevard
District 6
Beach
June 9, 2004
CONSENT
Dorothy Wood: Our next item is the consent agenda. Our Vice Chair Will Din will
handle this for us.
William Din: Thank you Dot. Today we have 14 items for inclusion on the consent
agenda. As Mr. Knight read in the rules, our guidelines say that these are items that we
have discussed and find there is no opposition to, and staff has made a favorable
recommendation too. As I call up the item, will the representative or the applicant please
come forward to the podium and state your name, relationship to the application and state
if you've read the conditions, if there are conditions on the application. When we ask
you to acknowledge if you agree with those conditions. The first item is Item #2 David P.
Maher. This is Change of Zoning District Classification from AG-2 Agricultural District
to Conditional B-2 Community Business District on property located at the west side of
Oceana Boulevard in the Beach District.
David Maher: Good afternoon and thank you for your time. Dave Maher. I'm the
applicant, and I'm familiar with the conditions.
William Din: You agree with them. This is a proffered application, and there are 13
proffers that you have offered. Is there any opposition to this item? Okay. If there is no
opposition, I would like to ask Mr. Gene Crabtree to explain why Planning Commission
has placed this on consent.
Eugene Crabtree: This application was just an addition to an application that we saw
some time back, that we approved for essentially the same thing. This is the adjoining
property. What this does is extend the property, allows the applicant to increase the size
of it. We think that this is a good use. It is consistent with the recommendation of the
Comprehensive Plan. It is consistent with the uses approved by the airfield at Oceana
and the adjacent properties around. Actually the Comprehensive Plan designates this
area as primary residential, but as we all know in proximity to Oceana that residential
would never be permitted, so consequently we feel like that this application and the use
of the applicant for a used auto lot is perfect in keeping with the Comprehensive Plan and
we recommended approval on it.
William Din: Thank you. Ms. Wood, I would like to make a motion to approve Item #2,
David P. Maher with 13 proffers.
Item #2
David P. Maher
Page 2
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden: By a vote of 10-0, the motion passes.
Item #3
David P. Maher
Conditional Use Permit
West side of Oceana Boulevard
District 6
Beach
June 9, 2004
CONSENT
William Din: The next item is Item #3, which is David P. Maher. This is a Conditional
Use Permit for the motor vehicle sales on this piece of property.
David Maher: Good afternoon and thank you for your time. Dave Maher. I'm the
applicant and I'm familiar with the conditions.
Eugene Crabtree: This application was just an addition to an application that we saw
some time back, that we approved for essentially the same thing. This is the adjoining
property. What this does is extend the property, allows the applicant to increase the size
of it. We think that this is a good use. It is consistent with the recommendation of the
Comprehensive Plan. It is consistent with the uses approved by the airfield at Oceana
and the adjacent properties around. Actually the Comprehensive Plan designates this
area as primary residential, but as we all know in proximity to Oceana that residential
would never be permitted, so consequently we feel like that this application and the use
of the applicant for a used auto lot is perfect in keeping with the Comprehensive Plan and
we recommended approval on it.
William Din: Thank you Mr. Maher. Ms. Wood, I would like to make a motion to
approve Item #3, David P. Maher with no proffers.
Eugene Crabtree: I'll second it.
Dorothy Wood: Thank you. With a motion by Mr. Din and seconded by Mr. Crabtree.
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
ABS 0 ABSENT 1
ABSENT
Item #3
David P. Maher
Page 2
WOOD AYE
Ed Weeden: By a vote of 10-0, the motion passes.
FORM NO. P.S. 19
City of Virginia Beach
INTER -OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5910
TO: Leslie L. Lilley
FROM: William M. Macali
RE: Conditional Zoning Application
David P. Maher
DATE: June 15, 2004
DEPT: City Attorney
DEPT: City Attorney
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on July 6, 2004. I have reviewed the subject proffer agreement, dated May 24,
2004, and have determined it to be legally sufficient and in proper legal form. A copy of the
agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/sat
Enclosure
DAVID P. MAHER
ROBERT ARNOLD
TO: (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia.
THIS AGREEMENT, made this 4�-t� day of May, 2004 by and between
David P. Maher, Grantor, party of the first part; Robert Arnold, Grantor, party of
the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, Grantee, party of the third part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain parcel
of property located in the Beach district of the City of Virginia Beach on Oceana
Boulevard, described in Exhibit "A" attached hereto and incorporated herein by
this reference; and whereas the party of the first part is the contract purchaser of
this property; and
WHEREAS the party of the first part and the party of the second part
(hereafter collectively "the Grantors") have initiated a conditional amendment to
the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to
the Grantee so as to change the zoning district classification of the property from
AG-1 agricultural to Conditional B-2 Community Business; and
WHEREAS the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which
Maher's rezoning application gives rise; and
GPIN: 2415-49-5090
Prepared by: Richard W. Whittemore, 607 Lynnhaven Parkway, Suite 203, Virginia Beach,
Virginia 23452 (757) 962-9442
WHEREAS, Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
modification to the B-2 Zoning District applicable to the property of the existing
overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part
of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors,
personal representatives, assigns, grantee, and other successors in title or
interest, voluntarily and without any requirement by or exaction from the Grantee
or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govem the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, in order to achieve a coordinated design
and development on the site in terms of vehicular circulation, parking landscape
buffering and building orientation, the "Automobile Center", dated January 27,
2004, prepared by Mel Smith and Associates, which has been exhibited to the
Virginia Beach City Counsel and is on file with the Virginia Beach Department of
Planning ("Site Plan") shall be substantially adhered to.
2. When the Property is developed, the architectural design and building
materials and colors of the Auto Sales building will be substantially as depicted
on the exhibit entitled "Paradise Auto Sales", prepared by Dimensional Designs,
Inc., dated February 23, 2004, which has been exhibited to the Virginia Beach
City Counsel and is on file with the Virginia Beach Department of Planning
("Elevation").
3. When the Property is developed, the freestanding sign shall be a
monument or column style sign on more than 8 feet constructed of materials to
match the building. The building sign shall be compatible with the architecture
and subject to approval by the Planning Director or designee. There should be no
other sighs, neon signs or neon accents installed on any other wall area of the
exterior of the building, windows, doors, light poles or any other portion of the
site.
4. When the Property is developed, all lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of
North America (IESNA). A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices.
Lighting shall be installed and operated as shown on the approved plan. All
lighting shall be directed inward and downward within the site.
5. That upon acquisition of parcel two by Grantor Maher, he will take such
efforts as are necessary to vacate the common boundary line between parcels
one and two. Only one curbcut shall be made from Oceana Boulevard to allow
and ingress / egress to, and to otherwise serve, the property.
6. Landscaping shall meet or exceed all applicable requirements of the
Zoning Ordinances and Site Plan Ordinances. All trees with a caliper of two (2)
inches or greater shall be preserved within the Category IV buffer area on the
west side of the property. Trees and/or shrubs shall be supplemented when
necessary to meet or exceed the Category IV buffer requirement.
7. Vehicles for display shall be at least ten (10) feet from the right of way and
shall be parked in the designated display areas only (the final designated display
shall be determined during the detailed site plan review process) nor a vehicle
shall be parked in any portion of the public right of way or within the vehicle
entrances to the property. Vehicles shall not be displayed on ramps, burms or
other elevating devices.
S. There shall be no pennants, streamers, banners, balloons or search lights
displayed on the site at any time.
9. Vehicle service and repair shall be limited to washing, detailing and
routing maintenance of vehicles for sale only. All of the service and repair
activities shall take place inside the building.
10. No outside storage of junk or salvaged vehicles shall be permitted. If
vehicles in this condition require storage, than such vehicle shall be stored in the
building.
11. No outside storage of equipment, parts or materials shall be permitted.
12. No outside paging or music system shall be permitted.
13. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit of the City of Virginia Beach, Virginia,
and executed by the record owner of the Property at the time of recordation of
such instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee
which was advertised pursuant to the provisions of Section §15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such consent, and
if not so recorded, said instrument shall be void.
Grantors covenant and agree that:
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions. and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding.
2. The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may
be appropriate.
3. If aggrieved by any decision of the Zoning Administrator, made pursuant
to these provisions, Grantors shall petition the governing body for the review
thereof prior to instating proceedings in Court; and
4. The Zoning Map may show by any appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of Grantors and
the Grantee.
WITNESS the following signatures and seals:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was
of 2004 by David P
Zd P%er
. �.t j
Robert..—
acknowledged before me this day
. Maher.
. � /A -A
Notary Publi
My Commission Expires:
:f woo eW,,nasci,d ao A efj
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 19-4 day
Of 2004 by Robert Arnold.
Notary Public
My Commission Expires: « Ci
I was commissioned as a Notary as Sherry L. Guay.
Prepared by: Richard W. Whittemore, 607 Lynnhaven Parkway, Suite 203, Virginia Beach, VA
23452 (757) 962-9442
EXHIBIT A
ALL THAT CERTAIN piece or parcel of land situate, lying and being in the borough of
Princess Anne, City of Virginia Beach, State of Virginia (formerly Seaboard Magisterial
District, Princess Anne County, Virginia) and bounded and described as follows:
BEGINNING at a pipe in the western side of Eastern Shore Public Road (mis-called
Croatan Road) in the line of the property of Margaret D. Hollingsworth and running along
the Northern line of the property of said Hollingsworth North 72 degrees 33 minutes
West Two Hundred Twelve (212) feet to a station; thence North 17 degrees 31 minutes
West One Hundred Six (106) feet to the line of the property of Eva Belle Moore; thence
along the property of said Eva Belle Moore North 33 degrees 72 minutes East Two
Hundred Twelve (212) feet to the said public road; and thence along said road South 31
degrees 17 minutes East One Hundred Six (106) feet to the point of beginning,
containing one-half ('Y2) acre.
LESS, SAVE and EXCEPT that certain 2080 square foot area shown on that certain plat
entitled "PLAT SHOWING PROPERTY AQUIRED BY OCEANA BOULEVARD & FIRST
COLONIAL ROAD EXTENSION PROJECT BY THE CITY OF VIRGINIA BEACH,
VIRGINIA FROM PARCEL 019 JAMES W. ALLEN AND JANET E. ALLEN PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VA", Scale 1" = 30", dated November 25"', 1997,
prepared by Patton Harris Rust & Associates, PC, which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
GPIN: 2415-49-5090
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
HEALTH SERVICES BOARD
HUMAN RIGHTS COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT