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Home My WebLink AboutSEPTEMBER 28, 2004 AGENDA "COMMUNITY FOR A LIFETIME" CITY OF VIRGINIA BEACH CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsvìlle - District] ROBERT M. DYER, Centervìlle - District] REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOx. Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA JAMES K. SPORE, City Manager LESliE L. LILLEY. City Attorney RUTH HODGES SMITH, MMCA, City Clerk 28 September 2004 1. CITY MANAGER'S BRIEFING - Conference Room A. DREDGING Dean Block, Director, Department of Public Works II. CITY COUNCIL COMMENTS ill. REVIEW OF AGENDA ITEMS IV. - Conference Room INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION v. - Council Chamber FORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend W. Samuel Walton United Baptist Church CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 4]7-4303 FAX (757) 426-5669 E MAILCtycncl@vbgov.com 2:00 P.M. 3:00 P.M. 6:00 P.M. F. G. H. 1. 1. K. 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 MINUTES 1. INFORMAL AND FORMAL SESSION September 14, 2004 AGENDA FOR FORMAL SESSION PUBLIC HEARINGS 1. BLACKWATER LOOP-EXCESS PROPERTY 2. BIKEWAYS and TRAILS PLAN B PUBLIC COMMENT 1. COMMUNITY LEGISLATIVE AGENDA for 2005 CONSENT AGENDA 0 RD I NAN CESIRESOL UTI ON 1. Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site acquisitions. (Resolution adopted August 5, 2002) 2. Ordinance to AMEND and REORDAIN § 2-6 of the City Code re the membership of the Resort Advisory Commission (RAC). 3. Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds re equipment and vehicle replacements. 4. Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-2005 Operating Budget ofthe Department of Museums and Cultural Arts re two full-time Curator positions for their stranding program. 5. L. M. Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund Reserve for Contingencies re: a. Police Department mugshot capture station, digital camera and forensic light source kit $15,700 b. Community Corrections Office re contracted manpower $11,159 c. Sheriffs Department re the Law Enforcement Training Academy $23,848 6. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Hampton Roads Squadron and The Association of Naval Aviation, Inc. (ANA), re the placement of aN aval Aviation Memorial on public property at 25th Street and Atlantic Avenue to be named "Monument Park". PLANNING - NO ACTION 1. Application of DR. ROBERT D. VOOGT for a Conditional Use Pennit for a facility for the disabled at Old Donation Parkway and First General Parkway. (DISTRICT 5 - L YNNHA VEN)[This item was deferred by the Planning Commission] PLANNING 1. Application of THERESA M., GRUBBS for a freestanding mobile home on her property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 2. Application of HOW ARD HOLZMACHER for a Conditional Use Pennit for firewood preparation at 3308 Heffington Drive. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROV AL 3. Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.C. to construct two (2) single family residenses at Holland Road and Litchfield Way: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to R-20 Residential District b. Variance to § 4.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). RECOMMENDATION: APPROV AL 4. Petition for a Variance to § 4.4(b) to the Subdivision Ordinance that requires all newly created lots meet all the requirements ofthe City Zoning Ordinance (CZO) for JANE and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to accommodate two detached single-family dwellings. (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROV AL 5. Application of SAIR ENTERPRISES for a Modification of Conditional Use Permits approved by City Council on March 14, 1966 and December 12, 1983 (Harry L. Partridge) to construct a new auto service station and convenience store at 6016 Indian River Road. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 6. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for motor vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROV AL N. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PARKS AND RECREA nON COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNAMENT *************** ¡fyou 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 (TOO - Telephonic Device for the Deaf) ************** Agenda 09/28/04\sb www.vbgov.com 28 September 2004 1. CITY MANAGER'S BRIEFING - Conference Room 2:00 P.M. A. DREDGING Dean Block, Director, Department of Public Works ll. CITY COUNCIL COMMENTS ill. REVIEW OF AGENDA ITEMS N. INFORMAL SESSION - Conference Room 3:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL c. RECESS TO CLOSED SESSION 6:00 P.M. v. FORMAL SESSION - Council Chamber A. B. c. D. E. F. G. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend W. Samuel Walton United Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL AND FORMAL SESSION September 14, 2004 AGENDA FOR FORMAL SESSION I{rsnlutinu 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 ofInformation 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. H. PUBLIC HEARINGS 1. BLACKWATER LOOP - EXCESS PROPERTY 2. BIKEW A YS and TRAILS PLAN B 1. PUBLIC COMMENT 1. COMMUNITY LEGISLATNE AGENDA for 2005 J. CONSENT AGENDA -:-1-) 1:' ¡::; i:' At' .0. 'N ¡.Io............"", , SUNDIN, SEPTEMBER 19, 2004 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of 1.296:1: acres, Tuesday, September 28, 2004 at 6:00 p.m., in the Council Chamber of the City Hall Building (Build- ing #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located off of Blackwater Loop (GPIN 1399-02-3686). The purpose of this hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". 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; Hearing impaired, call Virginia Relay at 1-800-828-1120 for assistance in reaching the City Clerk's Office. . Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Munici- pal Center. The Real Estate Office telephone number is (757) 427-4161. Beacon Sept. 19, 2004 G--=14-/~ Ruth Hodges Smith, MMCA City Clerk 11994600 K. 2. 3. 4. 5. 0 RD IN AN CES/RESO L UTI 0 N 1. Ordinance to AUTHORIZE the sale of EXCESS property to New Greater Mount Sinai Baptist Church at Blackwater Loop and ACCRUE the proceeds to various school site acquisitions. (Resolution adopted August 5, 2002) Ordinance to AMEND and REORDAIN § 2-6 of the City Code re the membership of the Resort Advisory Commission (RAC). Ordinance to APPROPRIATE $1,750,000 in FY 2003-2004 School Reversion Funds re equipment and vehicle replacements. Ordinance to APPROPRIATE $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-2005 Operating Budget of the Department of Museums and Cultural Arts re two full-time Curator positions for their stranding program. Ordinance to ACCEPT and APPROPRIATE $68,103 from the Department of Justice Local Law Enforcement Block Grant and TRANSFER $7,566 from the General Fund Reserve for Contingencies re: a. Police Department mugshot capture station, digital camera and forensic light source kit $15,700 b. Community Corrections Office re contracted manpower $11,159 c. Sheriff's Department re the Law Enforcement Training Academy $23,848 6. Resolution to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with Hampton Roads Squadron and The Association of Naval Aviation, Inc. (ANA), re the placement of a Naval Aviation Memorial on public property at 25th Street and Atlantic Avenue to be named "Monument Park". CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess Property on Blackwater Loop, GPIN 1399-02-3686 MEETING DATE: September 28,2004 . Background: The trustees of The New Greater Mount Sinai Baptist Church have asked to acquire the unimproved City owned property in front of their church on Blackwater Loop, for additional parking. The acreage being conveyed is 1.296 ~ acres as shown on the plat prepared by an outside consultant. The original deed has never been surveyed and property being conveyed will be by Quitclaim Deed. The School Trustees for Princess Anne County owned the property since 1930, but it was never developed. The School Board agreed to sell the property to the City for disposal, since it is not large enough to build upon by current standards. The surrounding property owners were advised of the proposed sale of the property to the church and they did not disagree. . Considerations: The Excess City Owned Real Estate Property Committee reviewed the applicant's request and recommended the property be sold to the church for the appraised value of $18,000, since it was not needed by a City agency. . The sale to the church will be contingent on the submission and approval of a subdivision plat dedicating ingress/egress easements over the existing driveways located on the property to the adjacent owners. The church will record said plat simultaneously with the conveyance of the property by the City. The church will take the property subject to the rights of the public to use an existing 20' private road on the south side adjacent to the property. . Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia and advertisement of City Council agenda. . Alternatives: Retain ownership of the subject site. . Recommendations: Approve the request subject to the terms and conditions of the agreement. . Attachments: Two Ordinances, Summary of Terms, Location Map, Plat Recommended Action: Approval Submitting Department/Agency: Public works.11 City Manage~ ~ ìz.. ~ ~ I 2 3 4 5 6 7 8 AN ORDWANCE TO ACCRUE THE PROCEEDS FROM THE SALE OF SURPLUS PROPERTY LOCATED ON BLACKWATER LOOP (1.296:t ACRES) W VIRGINIA BEACH, VIRGINIA TO CIP 1-006, VARIOUS SCHOOL SITE ACQUISITION WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church 9 have requested the School Board of the City of Virginia Beach to sell to the church 1.296:t acres 10 ofland located off of Blackwater Loop, having a GPW of 1399-02-3686, and being described in 11 Exhibit A attached hereto, (the "Property"). 12 WHEREAS, the School Board of the City of Virginia Beach detennined the 13 Property to be surplus and in accordance with § 22.1-129 of the Code of Virginia of 1950, as 14 amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and 15 which was recorded as Instrument Number 200312190211528 in the land records of the clerk's 16 office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance 17 of the Property to the City of Virginia Beach. 18 WHEREAS, the City Council is of the opinion that the Property is in excess of the 19 needs of the City of Virginia Beach and by Ordinance adopted simultaneously herewith has agreed 20 to sell the Property to the New Greater Mount Sinai Baptist Church. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 22 THE CITY OF VIRGINIA BEACH, VIRGINIA: 23 That any and all proceeds from the sale of the Property shall be applied to CIF 1- 24 006, Various Schools Site Acquisition. 25 This ordinance shall be effective from the date of its adoption. 26 Adopted by the Council of the city of Virginia Beach, Virginia, on the day of 27 , 2004. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 APPROVED AS TO CONTENT æ c. Ò'bM "'- /Real Estate CA-Q.1.S 3 R-1 PREP ARED: City Attorney's Real Estate Office F:\DatalATY\Fonns\Excess\DF5317 BlackwaterlOrdinance $$ to schools.doc APPROVED AS TO LEGAL SUFFICIENCY ~ City Attorney's Office EXHIBIT A ALL THAT certain lot, piece or parcel of land together with improvements thereon belonging, lying, situate and being in Blackwater Magisterial District in the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and bounded and described as follows, to wit: Beginning at the northwestern intersection of a private road with Blackwater Road and running thence along said private road N 82 degrees W 416 feet; thence N 8 Y2 degrees W 208 feet; thence S 82 degrees E 300 feet to the western side of Black Water Road; thence along last said road S 5 Y2 degrees E 79 feet, more or less, to a bend in said road and thence continuing along said road S 30 Y2 degrees E 153 feet, more or less to the point of beginning, containing 2 acres, more or less. It being the same property conveyed to the City of Virginia Beach by Deed of Dedication dated October 22, 2003 from the School Board of the city of Virginia Beach, recorded December 19, 2003 in Instrument No. 200312190211529. .. .. .. . J~llj!W,~w!mW~JI'~~.IIIII~rl~1 "Exbibit :3" ~ City of Virginia Beach 12/19/2ØØ3 IØ:33:ØØAM v,RGINiÃ'å'ËÄCH CITYPUBLI~QH(!)ÐlS . 0 F THE Ot.lJ RdV6E AON EOOZ SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach. VA 23464 495-3551 (h) . 717-0259 (cell) Neil L Rose Vice Chairman At-Large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) . 497-6633 (w) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (hI Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (hI A. James "Jim" DeBellis District 2 - Kempsville 4545 Bob Jones Drive VA Beach. VA 23462 467-2457 {hI Dan R. Lowe District 4 - Bayside 4517 Red Coat Road VA Beach, VA 23455 4W-3681 (h) Sandra Smith.Jones At-Large 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h Michael W. Stewart Dislrict 3 . Rose Hall 105 Brentwood Court VA Beach. VA 23452 498-4303 (h) .445-4637 (w) ArthurT. Tate At-Large - 1709 Ladysmith Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems AI-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (hI Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (wI SUPERINTENDENT TImothy R. Jenney, Ph.D. 2512 George Mason Drive VA Beach. VA 23455 427-4326 AHEAD ~..:::nc::.., -. "..;i~:-::;"/;\ :l::;Oè.:C::)::'d J..O:J/G.:JJ'j CONVEYANCE OF EXCESS SCHOOL PROPERTY WHEREAS; the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45 acres (GPIN 1399-02~3686) of property off of Blackwater Loop as shown on the attacfled map dated July 29,2003 (the "Property"); and WHEREAS, both City and School staff have been approached by representatives of an adjacent property owner, the Greater Mount Sinai Baptist Church about acquiring the Property: and WHEREAS, School staff has researched the Property and determined that there is no present or future school need for it; and WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended. provides for the conveyance of surplus school property to the City by the adoption of a resolution and ihe recordation of a Deed in the Office of the Clerk of Courts; and . WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be used for school site acquisition. . NOW, THEREFORE, BE IT RESeL VED: That the Schoo! Board declares the Propertj to be surplus property and directs the School staff to work with the City Department of Public Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of the p'roperty to the City of Virginia Beach in accordance with the laws of the Commonvvealth of Virginia; and be it FURTHER RESOLVED: That the School Board formally requests that City COuncil appropriate any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site Acquisition; and be it FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager and City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003 ~~ Chairman ATTEST: ~I ôJ. ~ Dianne P. Alexander Clerk of the Board GPIN: 1399-02-3686 School Administration Building. 2512 George Mason Drive. p. O. Box 6038 . Virginia Beach, VA 23456-0038 Property Owned by: "School Trustees for the County School Board of Princess Anne County" s prepared by: Administrative Support Services Facilities Planning and Construction Demographics and Planning July 29, 2003 N W*E :_---------:_---------:_:::::::::::::::::::::::::~~-:' '-:::: 0 D~-' . - - - - -- 0 (] --0 cD c ::::::::::; ..P ...--...--'" 'CJ CJ ~ , , , - .. : ',: - -'- , , "' , , , , , , , , , , , , , , , , , , . -.' .... ,-_.--'-'--- , ...- \.. --.-.-.---,-"'-- '. - -- ~ Parcel Information: GPIN: 1399-02-3686 Acreage: +/- 1.45 Acres 0 300 I 600 Feet 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT A DEED FROM THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH FOR SURPLUS PROPERTY LOCATED ON BLACKWATER LOOP (1.296:t ACRES) IN VIRGINIA BEACH, VIRGINIA, TO DECLARE SAID PROPERTY EXCESS, AND TO AUTHORIZE THE CITY MANAGER TO SELL SAID PROPERTY TO TRUSTEES OF THE NEW GREATER MOUNT SINAI BAPTIST CHURCH WHEREAS, the representatives of the New Greater Mount Sinai Baptist Church 12 have requested the School Board of the City of Virginia Beach to sell to the church 1.296:t acres 13 ofland located off of Blackwater Loop, having a GPIN of 1399-02-3686, and being described in 14 Exhibit A attached hereto, (the "Property"). 15 WHEREAS, the School Board of the City of Virginia Beach determined the 16 Property to be surplus and in accordance with § 22.1-129 of the Code of Virginia of 1950, as 17 amended, adopted a Resolution on August 5, 2003, which is attached hereto as Exhibit B, and 18 which was recorded as Instrument Number 200312190211528 in the land records of the clerk's 19 office of the Circuit Court of the City of Virginia Beach, and which authorized, the conveyance 20 of the Property to the City of Virginia Beach. 21 WHEREAS, the City Council is of the opinion that the Property is in excess of the 22 needs of the City of Virginia Beach. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 24 25 1. That the City Council of the City of Virginia Beach hereby accepts 26 the conveyance of the Property from the School Board of the City of Virginia Beach as provided 27 in the Deed that was recorded as Instrument No. 200312190211529 in the land records of the 28 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 29 2. That the Property is hereby declared to be in excess of the needs of 30 the City of Virginia Beach. 31 3. That the City Manager is hereby authorized to enter into an 32 agreement of sale in accordance with the Summary of Terms attached hereto as Exhibit C and to 33 execute any and all documents necessary in order to convey the Property to the New Greater 34 Mount Sinai Baptist Church. 35 4. That any building site( s) created on the Property shall connect to 36 public water and sewer where available. 37 This ordinance shall be effective from the date of its adoption. 38 Adopted by the Council of the city of Virginia Beach, Virginia, on the day of 39 ,2004. APPROVED AS TO CONTENT 40 41 42 43 44 45 46 47 48 49 50 51 ~r.~~ /Real Estate CA-8996 R-l PREPARED: City Attorney's Real Estate Office F:\Data\A TY\Forms\Excess\DF5317 Blackwater\Ordinance3.doc 52 53 54 55 56 APPROVED AS TO LEGAL SUFFICIENCY ~ City ttom y's Office , EXHIBIT A ALL THAT certain lot, piece or parcel of land together with improvements thereon belonging, lying, situate and being in Blackwater Magisterial District in the City of Virginia Beach (formerly Princess Anne County), State of Virginia, and bounded and described as follows, to wit: Beginning at the northwestern intersection of a private road with Blackwater Road and running thence along said private road N 82 degrees W 416 feet; thence N 8 Y2 degrees W 208 feet; thence S 82 degrees E 300 feet to the western side of Black Water Road; thence along last said road S 5 Y2 degrees E 79 feet, more or less, to a bend in said road and thence continuing along said road S 30 Y2 degrees E 153 feet, more or less to the point of beginning, containing 2 acres, more or less. It being the same property conveyed to the City of Virginia Beach by Deed of Dedication dated October 22, 2003 from the School Board of the city of Virginia Beach, recorded December 19, 2003 in mstrument No. 200312190211529. . . J~'j!~l!~!~mW~l"~~II!II~!'~1 "Exhibit B" ~ Clty of Virginia Beaoh 12/19/2003 10:33:00AM 'VrRGINiÃ'å'ËÄCH CITY PUBUCDSCDH0OCS AHEAD OF THE Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT ~ P. ~ TImothy R. Jenney, Ph.D. Dianne P, Alexander ~¡'~=~AM:~¿mve Clerk of the Board 427-4326 SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 (cell) Neil L Rose Vice Chairman At-large 1337 Harris Road VA Beach, VA 23452 463-3823 (h) . 497-6633 (w) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach, VA 23454 425-1597 (h) Emma L "Em" Davis District 5 -Lynnhaven 1125 Michælwood Drive VA Beach, VA 23452 340-8911 (h) A. James "Jim" DeBellis Districl2 - Kempsville 4545 Bob Jones Drive VA Beach. VA 23462 467-2457 (h) Dan R. Lowe District 4 - Bayside 4617 Red Coat Road VA Beach. VA 23455 490-3681 (h) Sandra Smith-Jones At-Large 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Michael W, Stewart District 3 - Rose Hall 105 Brenlwood Court VA Beach. VA 23452 498-4303 (h) .445-4637 (w) ArtI1urT. Tate At-large' 1709 ladysmith Mews VA Beach, VA 23455 460-5451 (h) Carolyn D. Weems At-large 1420 Oaudia Drive VA Beach. VA 23455 464-6674 (h) ~tl RJV6E!¡ON£ÛOZ ,!.~:¡¡C:.,., ,'j.':::::""';' :~~; C1 ~: .::: :;;::. d 1. 0; J / (],:J J :J CONVEYANCE OF EXCESS SCHOOL PROPERTY WHEREAS, the School Board of the City of Virginia Beach (the "School Board") owns :t 1.45 acres (GPIN 1399-02-3686) of property off of Blackwater Loop as shown on the attached map dated July 29, 2003 (the "Property"); and WHEREAS, both City and School staff have been approached by representatives of an adjacent property owner, the Greater Mount Sinai Baptist Church about acquiring the Property; and WHEREAS, School staff has researched the Property and determined that there is no present or future school need for it; and WHEREAS, Section 22.1-129 of the Code of Virginia of 1950, as amended, provides for the conveyance of surplus school property to the City by the adoption of a resolution and the recordation of a Deed in the Office of the Clerk of Courts; and ' WHEREAS, the School Board desires that any and all proceeds from the sale of the Property be used for school site acquisition. NOW, THEREFORE, BE IT RESOLVED: That the School Board declares the Property to be surplus property and directs the School staff to work with the City Department of Public Works/Real Estate Division and the Office of the City Attorney to effectuate the conveyance of the Property to the City of Virginia Beach in accordance with the laws of the Commonwealth of Virginia; and be it ' FURTHER RESOLVED: That the School Board formally requests that City Council appropriate any and all proceeds from the sale of this property to CIP 1-006, Various Schools Site Acquisition; and be it FURTHER RESOLVED: That a copy of this resolution be delivered promptly to the City Council, City Manager and City Clerk by the Clerk of the Board. Adopted by the School Board of the City of Virginia Beach this 5th day of August 2003 ATTEST: ~~ Chairman GPIN: 1399-02-3686 School Administration Building. 2512 George Mason Drive. P. 0, Box 6038 . Virginia Beach, VA 23456-0038 Property Owned by: "School Trustees for the County School Board of Princess Anne County" s prepared by: Administrative Support Services Facilities Planning and Construction Demographics and Planning July 29, 2003 N W*E ,------------.-.-.---.-:_-_::::::::::':::::':'::'::'::'::':':':~-:~ '>:: 0 D:: '.-.-::- 0 0 '0 {] 0 ~ , , , . " : ~ : - - - -- , , , , , , , , , , , . , , , , . , , , , \'\.. -- ....--- - - ---- -- -- - - - - ---- -- - ------ '.' -' ~ Parcel Information: GPIN: 1399-02-3686 Acreage: +/- 1.45 Acres 0 300 , 600 Feet EXHIBIT C SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON BLACKWATER LOOP SELLER: City of Virginia Beach PURCHASER: Great Mt. Sinai Baptist Church PROPERTY: Approximately 56,458:i: (1.296:i: acres) SALE PRICE: $18,000 as per appraisal CONDITIONS OF SALE: . The property shall be resubdivided to eliminate lot line between GPIN 1399-02-3686 and GPIN 1399-02-5434 (Greater Mt. Sinai Baptist Church) . The buyer shall grant ingress/egress easements over driveways . The buyer will take the property subject to the rights of the public to use an existing 20' private road on the south side adjacent to the property D ,- cO ------- :::: co a l~ Dr- 00 '" -.../ " , ) ( ---..::.- '-- 00 \ j- Barron ~ McPherson 1399-02-1828 0 0 PROP. INGRESS/ 0 EGRESS EASEMENT ~ Joseph R. Christian 1399-02-2307 MT. SINAI CHURCH Ç'¡ ~ ø~------- - / \('-/ ,,~ 0 " ~ \ ¡ PROP. INGRESS! EGRESS EASEMENT LOCATION MAP FOR EXCESS CITY OWNED PROPERTY ON BLACKWATER LOOP SCALE: 1" = 200' BLACKWATER LOOP.DGN M.j.S. PREPARED BY PIN ENG. CADD DEPT. APRil 8, 2004 \ N \ Nit BARRON McPHERSON MB 55 P 12 GPIN: 1399-02-1828 2.80 AC. INSTRUMENT NO. 200309110147225 S 82'00'00" E 224.40' - Nit MARVIN FOREMAN 1,0 AC. MB 55 P 12 DB 2908 P 1282 GPIN: 1399-02-1760 PLA T SHOWING PROPERTY OF CITY OF VIRGINIA BEACH INSTRUMENT NO. 200312190211529 VIRGINIA BEACH, VA. SCALE: 1" = 100' 2 JUNE 2004 REV, CITY OF VIRGINIA BEACH z 0 MB 55 P 12 t"~q 56,458 SF ~ ð. 1.296 AC. . 0 8. 0, GPIN: 1399-02-3686 J- l- TI 15' 5' 20' ROAD (PRIVATE) . MB 55 P 12 MB 7 P 34 f. PARCEL 9A 10.48 AC. MB 221 P 98 NOTE: THIS PLAT HAS BEEN COMPILED FROM VARIOUS SOURCES AND DOES NOT REPRESENT A FIELD SURVEY. 416.00' ~ b ~ "YÀ ~ 1b >b 749':1: 100.00' 120.46' «:r: w ~;?;(,)<O ~ FU)D:::oo b ::)~. b ..q-b~¡"::r:a.8:T ,... a ::::E (,) ....ó ,... :- 0 III . ..,.~:- OO~~D:::I-ON<I) 0", WU).... 0 Z t-F= III ::I«Q.,m ~W«O D:::[D C) 100.00' N 82'00'00" W N/F JOSEPH R. CHRISTIAN GPIN: 1399-02-2307 EXHIBIT A !U~ GALLUP 1.1.1lr. SURVEYORS. . & ENGINEERS, L TO, 'II~ "- ~~~ FIRST COLONIAL ROAO ~..~ ~"~."~{;-':i1 /¿...'..'.........'.'.'.'.j"-_.~.""'-~', (t;; . ~'Z) ~¡;L.- ~. É~) '-\\ /11 -=""~'-" -':~",..",.::;';J ........- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain City Code § 2-6 Pertaining to the Composition of the Resort Advisory Commission MEETING DATE: September 28, 2004 . Background: On April 2, 1984, City Council adopted a resolution to create the Resort Area Advisory Commission, now known as the Resort Advisory Commission ("RAC"). The general purpose of the RAC was to review and make recommendations to City Council regarding projects and issues associated with the Oceanfront Resort Area and other resort and tourism related projects and issues as the City Council may refer to the commission. . By ordinance adopted December 18, 2001, City Council added Section 2-6(c) which prescribed the membership of the RAC. This Subsection provides that in appointing RAC members, City Council will give "special consideration to" members of the Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant Association, Resort Retailers Association, Virginia Beach Division of the Hampton Roads Chamber of Commerce, and Virginia Beach Council of Civic Organizations, rather than being required to appoint members of those organizations. The proposed amendment will require City Council to appoint at least one member from each of the above-mentioned organizations when appointing members to the RAC. . Considerations: Under the proposed amendment, there will be representative participation in the RAC from those organizations that have a special interest and/or expertise in the Oceanfront Resort Area. However, City Council will retain flexibility in choosing the appointees. . Public Information: Notice of this Ordinance will be handled through the normal agenda process. . Recommendations: Approve the Ordinance to amend City Code § 2-6. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Councilmember Richard A. Maddox City Manager: REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6 OF THE CITY CODE PERTAINING TO THE COMPOSITION OF THE RESORT ADVISORY COMMISSION Section Amended: City Code § 2-6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 That Section 2-6 of the City Code is hereby amended and reordained to read as 15 follows: 16 Sec. 2-6. Resort advisory commission. 17 18 (c) 19 20 21 22 23 24 25 26 27 The commission shall consist of at least eleven (11), but not more than, nineteen (19) members. In selecting members of the commission, the 6 City 6 Council shall give special consideration to the representatives appoint at least one representative from each of the following organizations: Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant Association, Resort Retailers Association, Virginia Beach Division of the Hampton Roads Chamber of Commerce, and Virginia Beach Council of Civic Organizations. The 6 City 6 Council shall also appoint to the commission at least three (3) design professionals having expertise in the fields of architecture, urban design, land use planning, landscape architecture, transportation planning, or 1 28 other design fields relevant to the purposes for which the commission was 29 created. 30 In the event of a conflict between the provisions of this s Subsection and any other 31 ordinance or bylaw, the provisions of this s Subsection shall control. 32 (d) This ordinance supersedes Ordinance No. ~ 2826 adopted bye City e 33 Council on December 18, 2001 June 22, 2004. 34 COMMENT 35 36 37 38 39 40 41 42 43 Ordinance 2680 adopted by City Council on December 18, 2001, added Subsection (c), which prescribed the membership of the RAC. This Subsection provides that in appointing RAC members, City Council will give "special consideration to" members of the Virginia Beach Motel/Hotel Association, Virginia Beach Restaurant Association, Resort Retailers Association, Virginia Beach Division of the Hampton Roads Chamber of Commerce and the Virginia Beach Council of Civic Organizations, rather than being required to appoint members of those organizations. The substantive change is that City Council will be required to appoint at least one representative from the organizations cited in Subsection (c). Other minor amendments are housekeeping in nature. 44 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day 45 of ,2004. 46 47 48 49 50 51 52 53 54 55 56 57 Approved as to Legal Sufficiency: ~ City Attorney's Office CA-9374 H :\O&R\Proposed\RAC2.ord .doc September 9, 2004 R-1 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to appropriate $1,750,000 in FY 2003-04 Virginia Beach School Reversion Funds to School CIP project 1-011, Equipment and Vehicle Replacements MEETING DATE: September 28, 2004 . Background: On August 17, 2004, the School Board was presented with a summary of the un-audited financial statements for FY 2003-04 realizing $13,205,888 in reversion funds. The reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditure savings. The Virginia Beach School Board adopted by resolution on September 7, 2004 the allocation of $1 ,750,000 of these funds for the purchase of replacement school buses. . Considerations: The reversion funds are not generally re-appropriated to the schools until October or November. The School Board can realize a reduction in the per-unit cost of all buses purchased with the re-appropriation in September of $1.75 million from the FY 2003-04 reversion funds. The School Board approved the recommended use of $1.75 million of the $13.2 million of FY 2003-04 reversion funds as presented by administration. . Public Information: Approved by the School Board at the September 7,2004 public meeting. . Alternatives: None . Recommendation: City Council approve the re-appropriation of $1,750,000 to the School CIP Project 1-011, Equipment and Vehicle Replacements. . Attachments: School Board Resolution dated September 7, 2004 regarding FY 2003-04 Reversion Funds (Partial Appropriation Request) and Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: VB City Public Schools' superintendent~ CityManager.~\ \L ."òß~ .~ tI 1 2 3 4 5 6 7 8 AN ORDINANCE APPROPRIATING $1,750,000 OF FUND BALANCE IN THE GENERAL FUND TO CAPITAL PROJECT# 1-011, EQUIPMENT AND VEHICLE REPLACEMENT, FOR THE REPLACEMENT OF SCHOOL BUSES by resolution dated September 7, WHEREAS, 2004, the 9 School Board formally requested the City Council to appropriate of $1,750,000 in FY 2003-04 school reversion funds for the purchase of 10 11 replacement school buses. 12 13 14 15 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,750,000 from the Fund Balance of the General Fund is hereby appropriated to Capital Project #1-011, Equipment 18 19 and Vehicle Replacement, for the purpose of replacing school 20 buses, with revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, the day of 2004 on Requires an affirmative vote by a majority of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: 1J~Q Management CA9379 R4 September 16, 2004 H:\PA\GG\ORDRES\SCHOOL'S Reversion FY 2004 CIP1-011 ord.DOC .. +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2003/04 REVERSION FUNDS (PARTIAL APPROPRIATION REQUEST) SCHOOL BOARD Daniel D. Edwards. Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h). 717-0259 (cell) Sandra Smith.Jones Vice Chairman District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 4!JO.8167 (h) Rita Sweet Bellitto At-large P.O. Box 64909 VA Beach, VA 23467 418-0960 (h) Jane S. Brooks District 6 - Beach 721 Hilltop Road VA Beach. VA 23454 425-1597 (h) Emma L "Em" Davis DistrictS - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Edward F. Fissinger, Sr. At-Large 412 Becton Place VA Beach, VA 23452 486-4567 {h} Dan R. Lowe Districl4 - Bayside 4617 Red Coat Road VA Beach. VA 23455 49G-3681 (h) Michael W. Stewart District 3 - Rose Hall 105 Brentwood Court VA Beach. VA 23452 . 498-4303 {h} . 445-4637 (w) ArthurT. Tate At-Large 1709 Ladysmith Mews VA Beach. VA 23455 460-5451 (h) Carolyn D. Weems At-Large 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) Lois S. Williams, Ph.D. District 7 - Princess Anne 2532 Las Corrales Court VA Beach, VA 23456 233-0891 (w) SUPERINTENDENT Timothy R. Jenney, Ph.D. 2512 George Mason Drive VA Beach. VA 23456 263.1007 WHEREAS, On August 17; 2004 the School Board was presented with a summary of the un-audited financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditures savings; and WHEREAS, the purchase of replacement buses is funded through Operating Budget funds and reversion funds, and WHEREAS, the reversion funds are not generally re-appropriated to the schools until October or November, and WHEREAS, the Administration recommends the re-appropriation of $1,750,000 of the $13.2 million in reversion funds for the purchase of replacement school buses, WHEREAS, the school division can realize a reduction in the per-unit cost of all buses purchased with the re-appropriation in September of $1.75 million from the FY 2003/04 reversion funds, now, therefore, be it RESOLVED: That the Board approves the recommended use of $1.75 million of the $13.2 million of FY 2003/04 reversion funds as presented by the Administration; and be it further RESOLVED: That the Board requests City Council re-appropriate this $1,750,000 to the School CIP Project 1-011 Equipment and Vehicle Replacements as soon as practicable, and be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 7111 day of September 2004. À<~@5"þ~~ Daniel. Edwards, Chairman SEAL . ~.'~~~ Dianne P. Alexander, Clerk of the Board School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Appropriate $89,423 from the Virginia Aquarium and Marine Science Center Foundation to the FY 2004-05 Operating Budget of the Department of Museums and Cultural Arts to Fund Two Full-Time Positions. MEETING DATE: September 28,2004 . Background: The Virginia Aquarium and Marine Science Center's Stranding Program is designated by the National Marine Fisheries Service, US Fish and Wildlife Service and the State as the agency to manage the marine mammal stranding network, as well as respond to marine mammal and sea turtle strandings in Virginia. The Stranding Program's mission is to promote conservation of marine animal species through research, rescue, rehabilitation and education. The Virginia Aquarium and Marine Science Center Foundation, Inc., ("Foundation") has received funding in previous years from the National Marine Fisheries Service through the John Prescott Marine Mammal Stranding Grant Program. These grants enabled the expansion of the Stranding Program's ability to respond to and provide medical care, holding facilities and transport for live marine mammal strandings in Virginia and adjacent areas. They also enhanced the ability of the Stranding Program to evaluate marine mammal strandings by improving carcass retrieval, necropsy, tissue sampling, animal storage and disposal techniques, and upgrading data collection and management systems. . Considerations: In the past, the Foundation has used some of the funds received through the Prescott grants to reimburse the City for the salaries of two full- time FTE's in the Stranding Program. The positions were tied to the continued receipt of the Prescott grant. As the grants were awarded to the Foundation, adjustments were made to increase local revenue from the Foundation and increase the operating budget of the Department of Museums and Cultural Arts to authorize the positions on a year-by-year basis. So that these important marine mammal and turtle rescue and rehabilitation efforts can continue without lapse, the Foundation has agreed to guarantee the funds to preserve these positions indefinitely. Approval of this request will secure the salaries of two FTE curators, and will ensure continuation of stranding program work without lapses. Both positions are vital to the continued operations of the research and rehabilitation work of the Stranding Team. One position is a Stranding Program Coordinator who will be responsible for managing the daily operation of the stranding program. This individual is a senior scientist for stranding program research, and is responsible for the coordination of marine mammal and sea turtle stranding response, facility and equipment maintenance, database management and volunteer organization. The second curator, a Stranding Program Veterinary Technician, currently develops and implements daily animal care plans and manages the care of stranded marine mammals and sea turtles. The Department of Museum and Cultural Arts requests that the two FTE's be added to the Department's FY '05 budget. Since all salary and associated benefit costs of these two employees will be reimbursed by the Foundation, this request represents no cost to the City. These positions remain dependent on continued Foundation reimbursement. If, at some time in the future, the Foundation is not willing or able to reimburse the City for the cost of these positions, the positions will be terminated. . Public Information: The public will be informed through the normal agenda process. . Alternatives: Do not approve the continuation of two FTE positions in the stranding program. . Recommendations: Approval of Appropriation and Continuation of Positions . Attachments: Ordinance Commitment letter from Foundation Recommended Action: Approval of ordinance. Submitting Department/Agency: Department of Museums and Cultural Arts. City Manager:~.,. ~ .~\1'1"1.. <: ,. {Î7¡"', J \H WvVy~~ \-~-A..:t:: 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $89,423 FROM THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION TO THE FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO FUND TWO FULL-TIME POSITIONS 8 WHEREAS, the Virginia Aquarium and Marine Science Center 9 Foundation ("the Foundation") has pledged to reimburse the City for 10 the cost of two additional full-time curators in the Virginia 11 Aquarium and Marine Science Center's stranding program. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 1. That $89,423 in anticipated revenue from the Virginia Aquarium 15 and Marine Science Foundation is hereby appropriated to the FY 16 2004-05 Operating Budget of the Department of Museums and 17 Cultural Arts for operation of the Virginia Aquarium and 18 Marine Science Center's stranding program, with revenue from 19 local sources increased accordingly. 20 2. That two full-time equivalent curator positions are hereby 21 added to the FY 2004-05 Operating Budget of the Department of 22 Museums and Cultural Arts; provided, however, that continuing 23 these positions in future budget years is contingent upon 24 future funding from the Foundation. 25 Adopted by the Council of the City of Virginia Beach, Virginia, 26 on this of , 2004. 27 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~Ùr ~ ~~_m. City Attor~e' Off We CA-9378 R-3 Sept 17, 2004 H:\PA\ordres\VB Aquarium and Marine Science Ctr Strand ord.doc VIRGINIA A'a U A R I U M. t. MARINE SCIENCE CENTER September 17,2004 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore, This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation) will reimburse the City of Virginia Beach for all costs associated with two FTE positions previously funded through grant funds from the National Fisheries Service Prescott Grant. Although future Prescott funds are anticipated, there is currently a delay in the award process. So that the operations of the Stranding Program wilJ continue without lapse, the Foundation guarantees the funding for these two Curator positions in the event of lapses or absence of grant funding. I would be happy to discuss this with you further should you have any questions need additional information. Thank you for your consideration. . With Kind Regards, r---" l..)C.n-- 7 - Mr. Donald H. Patterson, Jr., President VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOUlEVARD, VIRGINIA BEACH, VIRGINIA 23451 phone 757-437-6010 ,fax 757-437-4976 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 2004 Local Law Enforcement Block Grant MEETING DATE: September 28, 2004 . Background: The Local Law Enforcement Block Grant (LLEBG) program through the Federal Department of Justice provides funds to units of local government for the purposes of reducing crime and improving public safety. The program is designed to allow local communities to address problems specific to their areas. The City has been awarded $75,669 in the 2004 LLEGB. This funding includes $68,103 from the US Department of Justice and a required local cash match of $7,566. . Considerations: The grant requires that a local advisory board make a non-binding recommendation regarding the use of funds. The Virginia Beach Criminal Justice Board serves in that capacity and recommends that the funds be used as follows: $11,159 for clerical assistance within the Community Corrections Department. $24,962 for teleconferencing for the General District Court. $23,848 for Law Enforcement Training Academy for the Sheriff's Department. $15,700 for a digital camera kit, a mugshot capture station, and an alternative forensic light source kit for the Police Department. . Public Information: A public hearing, which is required by the grant, was held at the Council's September 7th meeting. . Alternatives: City Council can elect to use the funds for other law enforcement means (within the grant guidelines) than those being recommended, or can decide not to accept the grant. . Recommendations: Staff recommends that the grant be accepted and the recommended uses of the funds be approved. . Attachments: Award Letter from DOJ Information on Projects Ordinance Recommended Action: Approval Submitting Department/Agency: City Manage~ k-- .'ò(j~ 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $68,103 FROM THE U.S. DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT AND TRANSFER $7,566 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES WHEREAS, the U.S. Department of Justice has authorized 9 a grant of $68,103 to the City of Virginia Beach as part of 10 the 2004 Local Law Enforcement Block Grant program, and 11 this grant has a 10% match requirement. 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 $68,103 That is 1. hereby accepted from the U.S. 15 of Justice and appropriated to the Department following 16 agencies and departments in the and for the amounts 17 purposes set forth below: 18 (a) $15,700 to the FY 2004-05 Operating Budget 19 of the Police Department for a mugshot capture 20 station, digital camera kit, and an alternative 21 forensic light source kit; 22 (b) $11,159 to the FY 2004-05 Operating Budget of 23 the Community Corrections Office for contracted 24 manpower; 25 (c) $23,848 to the FY 2004-05 Operating Budget 26 of the Sheriff's for the Department Law 27 Enforcement Training Academy; and 28 29 30 31 2. 32 requirement, 33 Reserve 34 Budget (d) $17,396 to the FY 2004-05 Operating Budget of General District Budget for the Court teleconferencing equipment. That $7,566, which will serve as the local match is hereby transferred from the General Fund for Contingencies 2004-05 Operating the FY to of the General District fund Budget to Court 35 teleconferencing equipment. 36 3. That estimated revenue from the federal government 37 in the 38 $68,103. 2004-05 Operating is increased by Budget hereby 39 Adopted by the Council of the City of Virginia Beach, 40 day of , 2004. Virginia on the Approved as to Legal Sufficiency Approved as to Content ~Q, ~MA? 1: ~., Çl/. J.ty Attor CA9377 R3 September 16, 2004 H:\PA\GG\ORDRES\LLEBG ord.doc U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of the Director Washington, D.C. 20531 July 22, 2004 Mr. Spore City Manager, Virginia Beach City City Manager's Office Municipal Center Virginia Beach, VA 23456-9001 / RE: Fiscal Year 2004 Local Law Enforcement Block Grants Program Dear Mr. Spore: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2004 Local Law Enforcement Block Grants (ILEBG) Program Ül the amount of $68,102 for Virginia Beach City. The purpose of the :u.EBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant A ward and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's Programs Office at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Virginia Beach City in furtherance of this important criminal justice program. Sincerely yours, {).I~ Domingo S. Herraiz Director Attachments . COMMONWEALTH of VIRGINIA Judges ROBERT L. SIMPSON, JR. VIRGINIA L. COCHRAN THOMAS M. AMMONS, III J. DALE BIMSON . . PAMELAE.HUTCHENS ALBERT D. ALBER I W. EDWARD HUDGINS, JR. 2ND JUDICIAL DISTRICT VIRGINIA BEACH GENERAL DISTRICT COURT JUDICIAL CENTER VIRGINIA BEACH, VIRGINIA 23456.9057 (757) 427-8531 Clerk of Court ADRIAN K. GLATT July 6, 2004 Community Criminal Justice Board City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Board Members: It is with great excitement that I submit this grant request. The Virginia Beach General District Court in partnership with the Virginia Beach Magistrates Office and the Virginia Beach Juvenile and Domestic Relations Court is requesting grant funds of $63,555.31 to cover the expenses associated with establishing a technologically enhanced training room to provide a variety of training opportunities to the staff of our three offices. The development of this traiIÙI1g facility within the courthouse will enable us to provide training opportunities to approximately 130 employees locally. The inclusion of the video conferencing equipment will also provide the opportunity to train with other localities around the state, enhancing the types of training to be offered. Since joining the General District Court team in September 2003, my one-on-one meetings with the employees have demonstrated a desire by the staff to have more training provided. Both General District Court and Juvenile and Domestic Relations Court have utilized several of the~ training opportunities offered by. the City of Virginia Beach Department of Human Resources, such as Powerful Listening,..Quality Customer Service, and Myers Briggs. However, lack of funding by the state prevents us from sending employees to costly training sessions throughout the year. We have learned in the last six months that we will be conducting the basic clerk training to all new employees in-house through the use of CD-ROMs, an experience we believe to be less fulfilling than training conducted in an interactive environment. The estâblishment of our training room, will allow us to provide the interactivity that benefits employees in their development, especially the critical first few months of employment. Additionally, we are fortunate to now have management staff with training backgrounds, including a Covey-certified trainer, who are able to provide training to our staff. Statistically, providing training to staff leads to a more productive work environment, a reduction in turnover, and a more professionally satisfied employee population. Training also assists employees with learning valuable skills that improves their job perfonnance, increases employee self confidence, and ultimately enhances customer relations, The mission of the General District Court is to provide quality customer service at all times, and opemng the door to training opportunities for our staff will help us to achieve this mission. We appreciate your consideration of our request. Yours truly, J\ I ~ 'CU'\- K Cè.. t\- V;~:-alatt 0 . Clerk of Court City of -Virgi:r:l.ia. Beach OFFICE OF COMMUNITY CORRECTIONS COMMUNITY CORRECTIONS PROGRAM (757) 427-4689 BESSIE B. BelL, COORDINATOR JUDICIAL CENTER BUILDING 108 2425 NIr.t.IO PARkWAY VIRGINIA BEACH, VA 23456-9053 July 6, 2004 Robert Matthias, Chairman Community Criminal Justice Board 2401 Courthouse Drive VA. Beac~ VA. 23456 Re: Office of Community Corrections Law Enforcement Block Grant Proposal Dear Mr. Matthias: Please find enclosed a proposal from the Office of Community Corrections for use of some of the Law Enforcement Block Grant Funds. The Program mission for Community Corrections continues to be to provide, for the Courts in this jurisdiction, an alternative sanctions program for both felon and misdemeanor offenders. Referred on a daily basis, these offenders are expected to do community service, seek treatment for domestic violence or anger management counseling, get substance abuse treatment, have urine screens, get psychological or have psychiatric evaluations and treatment, marriage counseling, etc. Offenders are referred on a daily basis and come into this Office to complete the Intake process. They are sent to this Office by the Circuit, General Districts and the Juvenile and Domestic Courts. These offenders are received by the receptionist. For FY04 to date, there have been 1,722 new misdemeanor offenders and 140 new felon offenders. Other offenders are received and referred to their case managers for on-going appointments also number into the thousands. While the Program has an Administrative Secretary, she can not do it all and complete her other duties for me as Coordinator and other staff. We therefore remain in need of clerical support. The current DCJS Grant does not provide for these positions, and while the City does provide the Program with some funding, it does not include monies for positions. Law Enforcement Block Grant Request Page Two This clerical support position also receives and processes telephones calIs from the public, the courts, offenders and others. The Program is always in need of having someone to service the front desk: and answer telephone calls. Case managers, the administrative secretary and coordinator would otherwise have to fill in for this position. We have continued to seek State funds for this position 10 no avail. We do know that in the long run, another alternative will have to be sought. Technology has not and cannot replace for us the need for a good competent receptionist. We are therefore requesting assistance in funding this position. Our frugal request for this funding cycle is for 2080 hours at $10.73 rendering a total of$22,318.40. We thank you in advance for the Board's consideration in this matter. Should there be any questions in these regards, please feel ftee to contact me at 427-4770 or 427-4689. With Pride In Our City, ~ Ahj1~ BessieB. B~Ú" Coordinator Request for Mugshot Capture Station at Third Precinct As the Third Precinct facility was being built, discussions were held to fund a mugshot capture station through the CIP project. Unfortunately, funding was not available. The new Third Precinct Facility has temporary holding cells to detain arrested persons for up to two hours. The new facility also has video conferencing equipment to hold remote magistrate hearings. A mugshot capture station would allow Third Precinct personnel to process arrests using the department's records management system (pistol 2000) at the precinct prior to taking them to the correctional facility at the Municipal Center. ,The Second Precinct had had this ability for about two years. There is a prisoner processing room in the facility where the mugshot capture stations would be located. There are currently three mugshot capture stations for Pistol 2000 - Sheriff's booking area, Forensics, and the Second Precinct. A total of 5,477 misdemeanor and felony charges were filed in 2003 within the Third Precinct. The cost of the capture station, software license, and peripherals is $15,700. There is an ongoing annual license cost of $880. . Reqnest for Alternative Forensic Light Source Kit (ALS) ALS allow technicians to search crime scenes for trace evidence that cannot be seen by the naked eye. Our current equipment includes a large laboratory model (sensitive and difficult to transport) and several small flashlight size models. The small models lack. the intensity and scope to search many scenes. The F AL2000 offers power, versatility, and portability. Our goal is to eve~tua1ly have a kit in each vehicle. Cost of the ALS is $3,995 Digital Camera Kit FSU is upgrading the DC290s that were originally purchased with the digital system in 2002. The older, existing cameras require significant maintenance due to heavy use of the camera. We are continuing to upgrade the technicians camera and pass the older 290s . to crime scene officers, detective squads, etc where they are not used as frequently. Cost of the camera is $800 Law Enforcement Training Academy (LETA) The Sheriffs department is asking for funds to for the improvement of the law enforcement training academy (LETA). This academy is a combined facility used to train officers in the Sheriff's Department and Police Department. The facility provides all law enforcement training with the exception of the firing range. In addition to the field training, LETA also has a state of the art computer lab which is used to train investigators in computer related crimes. The cost of the Law Enforcement Training Academy is $41,090. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing the City Manager to Execute a Memorandum of Understanding with Hampton Roads Squadron, the Association of Naval Aviation, Inc. for the Placement of a Naval Aviation Memorial on Public Property located at the 25th Street and Atlantic Avenue to be Named Monument Park MEETING DATE: September 28, 2004 . Background: In October 1997, the Hampton Roads Squadron of the Association of Naval Aviation, Inc. ("HRANA") proposed the creation of a world-class monument to Naval Aviation in Virginia Beach to recognize the contributions of Naval Aviation and the citizens of Virginia Beach to the defense of our nation. Members of HRANA applied for and were granted tax-exempt status under IRS code and began a long-term fund-raising campaign. As of this date, the organization has all of the funding necessary for the project. No government expenditures have been involved in the fund raising effort. . Considerations: Virginia Beach and the surrounding area of Hampton Roads represent the largest military complex in the United States. NAS Oceana and regional supporting commands are the focal point for Naval Aviation. The first shipboard takeoff was accomplished in the waters of Hampton Roads. Many aviators received their flight training in the area and NAS Oceana continues to be the focal point of Naval Aviation. Since 1891, the Norwegian Lady has stood as a monument to the wreck of the Dictator, a Norwegian bark, en route to England on March 27, 1891. Oernulf Bast, one of Norway's foremost sculptors, sculpted a bronze statue to replace the wooden figurehead from the Dictator that was deteriorating from exposure to the elements. Dedicated in 1962, one stands on our shores and an identical statue stands in Moss, Norway, a sister city to Virginia Beach. The Sons of Norway have worked closely with HRANA and its agents to develop a solution and a setting that is complimentary to and maximizes the impact of each memorial without compromising or diminishing the other. The HRANA monument proposes to display a variety of Navy wings and a series of large bronze statues depicting naval personnel from various eras. A series of images of Navy aircraft, ships that support them, and personnel who fly and maintain them will tell the exciting story of Naval Aviation. The architectural firm of Cox, Kliewer and Company based in Virginia Beach has been selected as architects; James M. Sykes Construction Company, also of Virginia Beach, has been chosen for construction requirements. Renowned sculpture artist, Michael Maiden of Sandy, Oregon, will create the sculptures. The monument has been designed to be a low maintenance structure. HRANA and its contractors will be using strong and durable materials to counteract the effects of severe weather and other stresses. HRANA, in conjunction with the architectural and construction contractors, will maintain oversight of the design and construction until completion. The monument will be dedicated during a public ceremony and gifted to the citizens of Virginia Beach. It is estimated that the project will be complete in May/June 2005 with the monument dedication playing a major part in the City's Memorial Day celebration. The City Staff and HRANA have worked with the City Attorney to prepare a Memorandum of Understanding ("MOU") that sets forth the responsibilities and obligations of the parties. A Summary of Terms outlining the major terms and conditions of the MOU is attached to the Resolution. . Public Information: Contact with all potential stakeholders who might be concerned with the project was a vital consideration for HRANA. Members of HRANA have met with numerous civic and business groups and held individual briefings with various stakeholder groups. City Council was briefed on September 7,2004. Notice of the Resolution will be handled through the normal agenda process. . Alternatives: Numerous sites were considered for possible location of the monument. HRANA determined that a suitable site on the Virginia Beach oceanfront would provide maximum exposure for local citizens and visitors alike. Working closely with City staff and local civic and community organizations has resulted in a pending agreement to locate the monument on City property between Atlantic Avenue and the Oceanfront at 25th Street. Other sites examined during the process were either too small or lacked the visibility desired by the members of HRANA. . Recommendations: It is recommended that City Council approve the Resolution authorizing the City Manager to execute the MOU between the City and HRANA and establishing the 25th Street park area as Monument Park. . Attachments: Resolution and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Chief Information Officer City Manager: DS t . ~ Qp(~ 1 2 3 4 5 6 7 8 9 10 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH HAMPTON ROADS SQUADRON, THE ASSOCIATION OF NAVAL AVIATION, INC. FOR THE PLACEMENT OF A NAVAL AVIATION MEMORIAL ON PUBLIC PROPERTY LOCATED AT THE 25TH STREET AND ATLANTIC AVENUE TO BE NAMED MONUMENT PARK WHEREAS, the City expresses its wholehearted support and sincere 11 appreciation and admiration for our nation's military for their bravery in protecting America's 12 freedoms; 13 WHEREAS, the City, as home to the Master Jet Base at Naval Air Station 14 Oceana, recognizes and honors the rich Naval Aviation heritage that is an integral part of 15 the City's history and culture; 16 WHEREAS, Hampton Roads Squadron, The Association of Naval Aviation, 17 Inc. ("HRANA") proposes to construct and dedicate to the City, a Naval Aviation Monument on public property located at the 25th Street Park to recognize the significance of Naval 18 19 Aviation's history and its relationship with the City; 20 WHEREAS, the City's Memorial Committee has determined that the public property located at 25th Street and Atlantic Avenue is a proper location for the installation of 21 22 the Naval Aviation Monument and will properly honor the Naval Aviation community that 23 has served and continues to serve this City and the United States of America; and 24 WHEREAS, the City and HRANA's staff, together with the City Attorney, have 25 prepared a Memorandum of Understanding to memorialize their respective responsibilities 26 and obligations with terms and conditions mutually agreeable to all parties. 27 NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OFTHE CITY OF VIRGINIA BEACH, VIRGINIA: 28 29 1. That the City Manager is hereby authorized to execute the Memorandum of 30 Understanding between Hampton Road Squadron, The Association of Naval Aviation, Inc. 31 and the City for the construction and installation of a Naval Aviation Monument on public property located at 25th Street and Atlantic Avenue in accordance with the Summary of 32 33 Terms attached hereto. 34 2. That all actions of the City Manager, which are in conformity with the purpose 35 and intent of this Resolution are hereby approved. 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 That upon completion of the Naval Aviation Monument and its dedication to the City, the public property located at 25th Street and Atlantic Avenue shall be known as 39 40 "Monument Park". 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of ,2004. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~-(.-~ City Attorne ffice CA-9371 H :\GG\O&R\Proposed\Navymemorial.doc R-2 PREPARED: 09/16/04 2 MOU between the City and Hampton Roads Squadron, The Association of Naval Aviation, Inc. City: SUMMARY OF TERMS City of Virginia Beach Monument ., Donor: Hampton Roads Squadron, The Association of Naval Aviation, Inc., a Virginia non- stock corporation. Monument Design: Premises: Term: A series of bronze sculptures on bases with story boards, approximately 14'3" x 18'3", depicting the history of naval aviation in Hampton Roads from the first aircraft launch of Eugene Ely to the Modem Era together with other enhancements. City property located at 25th Street and Atlantic A venue and encompassing the statute of the Norwegian Lady (to be known as "Monument Park"). Commencing on date of execution of the MOD until construction of the Monument is completed and dedicated to the City. Responsibilities of Monument Donor: . Shall design, construct and install the Monument on the Premises, and shall pursue completion thereof by December 31, 2005. Shall secure all necessary permits required by federal, state or local statutes. Shall require its general contractor to secure general liability insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. Shall submit all specifications, designs, plans, and construction schedule of the Monument and any enhancements to the Premises and the Norwegian Lady for review and approval by the Resort Advisory Commission and the Memorial Committee in accordance with Administrative Directive 3.21, as amended. The City Council shall give the final approval of the design, construction plans and location of the Monument. Shall coordinate the construction schedule for the Monument through Convention & Visitors Bureau, Resort Projects Coordinator. Shall dedicate the Monument to the City upon completion thereof and acceptance by the City. Shall allow the City and its employees and agents upon the Premises to inspect the construction and installation of the Monument. Shall require its general contractor and subcontractors to indemnify the City. . . . . . . . Responsibilities of the City: Maintenance: Other Terms: . Shall make the Premises available to the Monument Donor for construction and installation of the Monument. . The City shall perform day-to-day maintenance of the Premises. The Monument DolIor shall perform long-term maintenance and capital repairs and/or replacement of the Monument. If the Monument Donor fails to make the necessary repairs or replacement, or fails to maintain the Monument so that the Monument is no longer suitable for display on public property, the City may remove the Monument. The Director of Public Works shall coordinate all Monument maintenance, repairs or replacement with the Monument Donor. . . The Monument Donor shall establish an Escrow Account in the amount of the construction work associated with the installation of the Monument to ensure (i) prompt payment for all material furnished or labor supplied or performed in the prosecution of the construction work, and (ii) the faithful performance and completion of the installation of the Monument in strict conformity with the terms and conditions of the MOD. The Monument Donor shall enter into and Escrow Agreement with the City outlining the obligations and duties with respect to the Escrow Account. The use of Monument Park will be handled by the City through the City's Convention & Visitors Bureau, Resort Projects Coordinator. Active duty units and personnel may reserve the use of Monument Park through CVB, for up to 2 hours (per application), at no cost to the applicant, for award, promotion, change of command and retirement ceremonies, and any military event co-sponsored by the City. . . Termination: . The City may terminate the MOD for cause with 30 days written notice to the Monument Donor. F:\Users\ vv alldej\ WP\BZA INa vymemorial.trm. wpd (ITV O¡ VI.RGINf.J1 ~¡.n(.u COMMUNITY FOR A LIFETIME Department of Public Works Building Maintenance Division Municipal Center Virginia Beach, Virginia 23456-9041 Ph: (757) 427-4561 FAX: (757) 426-5675 Date: September 21,2004 To: David C. Sullivan, Chief Information Offi From: Chuck Davis, PW /Building Maintenan e Subject: Monumentto~aval1\viation The application for the Monument to Naval 1\ viation has been reviewed and approved by the Memorial Committee at the committee meeting on Monday, September 20. Prior to that approval, the representatives from the Hampton Roads Aviation Association presented their plan for the Monument to ~aval Aviation to the Public Art Committee and the Virginia Beach Arts and Humanities Commission. The Commission voted to approve the Monument at their meeting on September 2, 2004. During the meetings with the Memorial Committee, the representatives from the Hampton Roads Aviation Association advised the Memorial Committee that their Association was going to form a foundation to provide funding for the maintenance of the sculptures, including vandalism, storm damage, and cleaning. While the City of Virginia Beach will be responsible for the daily maintenance of the site, including landscape maintenance, it is understood that the foundation for the Hampton Roads Aviation Association would provide any funding and coordinate the repairs to the sculptures. This agreement needs to be documented as outlined in Section 3.0 n of Administrative Directive 3.21. Based on the approval of this memorial by the Virginia Beach Arts and Humanities Commission, and the City's Memorial Committee, I am forwarding this to the City Manager's office with the recommendation that the Monument to Naval 1\viation be considered for approval by the City Council. mtp attachments c: Memorial Committee Members (w/out attachments) E. D~an Block, Public Works 'ßáf1Îleen Hassen, City Manager's Office VIRGINIA BEP1CH ARTS AND HUMANITIES COMMISSION OFFICERS: DEPARTMENT OF MUSEUMS AND CULTURAL ARTS 717 GENERAL BOOTH BOULEVARD VIRGINIA BEACH, VA 23451 (757) 437-4870 FAX (757) 437-4976 www.vb~ov.comlarts SHARON L. FRAIM CHAIR September 9, 2004 JOHN M. RYAN VICE CHAIR Mr. Charles Davis Chair, Memorial Committee City of Virginia Beach 2569 George Mason Dr. Virginia Beach, VA 23456 WARREN E. SACHS SECRETARY KATHERINE K. KATSIAS TREASURER Dear Mr. Davis: MEMBERS: BEATRIZ AMBERMAN After careful review by the Public Art Committee and the Virginia Beach Arts and Humanities Commission, the Commission voted at its business meeting on September 2,2004, to recommend approval to the Memorial Committee of the Monument to Naval Aviation at 25th Street and Atlantic Ave. SHED..A P. BRAITHWAITE KATHLEEN M. CARTER THOMAS A. FELTON, JR. Sincerely, MANUEL A. HIPOL ~ ~1vv4 ELLIOTI C. JONES ROBERT N. MELArn Emily Spruill Cultural Arts Coordinator M. JEAN RAWLS DEPARTMENT STAFF: cc: Sharon Fraim, Chair EMILY L. SPRUILL COORDINATOR z = ..... c =-.... c: .... .....: c~ - =-= c::S z= w = t- . .....~ = t- ..... ~ z= .....~ :IE = z = :IE '::of ï IV M a ~ IV (;) e ~ C w..IlIII!!ID U='" '-'i'/;"::< . ~c= -- " ",.//¡,----.-"'- -----~ .. --=-þ8r8 Ce -- c.==- - ...e z C-' ....e :c=- ~ ... w..e= . . . I = m en Q<II x ~ z1i \) ... -c-c ~-' 10 III OL ...<11 O!:: -.. =:IE N:= z = :IE _. .o.¡;¡: "" "\ ..t ~ a " "" " \ ).. ]I~ '" . 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I I i ! ¡ ~ I \. / / ----------< ---------- \ \ \ \ \ \ \ '\ \ , , ,¡ 1 ~~~- " / "0 ~ Ti I "_"IIII!!r ' , IE t:' V4P"'loot~ ~.¡\., Event Shamrock Marathon Norwegian Lady Ceremony MS Walk BWAS Fil-Am Festival Soul Music Festival American Music Festival Neptune Sandman Triathlon Neptune BW Weekend VA VRS Parade Neptune Grand Parade Shriners Parade Light the Night Walk for Hope Screech Street Holiday Parade Holiday Lights Beach Street USA Events scheduled for 25th St. Park in 2004 Month Activity March Northem sidewalk is transition area from BW to AA March Memorial Ceremony in grassy and statue areas April Assembly area for star/finish ofBW walk w/ tenting June Sponsor and support July Entertainment and vending with tenting August Entertainment and vending with tenting Aug-Sept. Entertainment Sept. Transition area Sept. Cheerleading Competition with large stage Sept. Review Stand (pavers west of park) Sept. Review Stand (pavers west of park) Sept. Review Stand (pavers west of park) October Assembly area for start and fuúsh ofBW walk October Assembly area for start and finish ofBW walk October Children's event with tenting November Review Stand (pavers west of park) November-Jan. Light Displays May-Aug.-6days Staged Drama Estimated Attendance to specific venue 5000-transit through area 50 2500 10,000 throughout day 1000 throughout 2-day period 1000 throughout 2-day period 2500 daily (4 day festival) 800 2500 over 1 day event 25 50 75 500 300 500 50 NA 200 nightly (3 shows per night) L. M. PLANNING - NO ACTION 1. Application of DR. ROBERT D. VOOGT for a Conditional Use Permit for a facility for tbe disabled at Old Donation Parkway and First General Parkway. (DISTRICT 5 - L YNNHA VEN)[This item was deferred by the Planning Commission] PLANNING 1. Application of THERESA M., GRUBBS for a freestanding mobile home on her property in the A-I and A-2 Agricultural Zoning District at 5140 Blackwater Road. (DISTRICT 7 - PRINCESS ANNE) 2. Application of HOW ARD HOLZMACHER for a Conditional Use Permit for firewood preparation at 3308 Heffington Drive. (DISTRICT 7 - PRINCESS ANNE) 3. Application of CHESAPEAKE ATLANTIC DEVELOPMENT GROUP, L.L.c. to construct two (2) single family residenses at Holland Road and Litchfield Way: (DISTRICT 7 - PRINCESS ANNE) a. Change of Zoning District Classification from AG-l and AG-2 Agricultural Districts to R-20 Residential District b. Variance to § 4.4(b) ofthe Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO). 4. Petition for a Variance to § 4.4(b) to the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for JANE and WINTHROP SHORT at 208 and 210 75th Street to resubdivide the lots to accommodate two detached single-family dwellings. (DISTRICT 5 - L YNNHA VEN) 5. Application ofSAIR ENTERPRISES for a Modification of Conditional Use Permits approved by City Council on March 14, 1966 and December 12, 1983 (Harry L. Partridge) to construct a new auto service station and convenience store at 6016 Indian River Road. (DISTRICT 1 - CENTERVILLE) 6. Application of ENTERPRISE RENT-A-CAR for a Conditional Use Permit for motor vehicle rentals at 141 Spruce Street. (DISTRICT 3 - ROSE HALL) THE BEACON SUNDAY, SEPTEMBER 12,2004 NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 28, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 5 - LYNNHAVEN 1. . Dr. Robert D. Voogt Application: Conditional Use Permit for a facility for the disabled on the south side of Old Donation Parkway. . DISTRICT 3 - ROSE HALL 2. Enterprisè Rent-A-Car Application: Conditional Use Permit for motor vehicle rentals at 141 Spruce Street. DISTRICT 7 - PRINCESS ANNE. 3. Howard Holzmacher Application: Conditional Use Permit for a fire- wood preparation facility at 3308 Heffington Drive. 4. Chesapeake Atlantic Development Group, L.L.C. Application: Chane:e of Zoning: District Classification from AG-1 and AG-2 Agricultural to R-20 Residential on the east side of Holland Road. The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban 'residential and non-resi- dential uses consistent with the policies of the Comprehensive Plan. 5. Appeal to Decisions of Administrative Officers in regard to certain ele- ments of the Subdivision Ordinance, Subdivision for Chesapeake Atlantic Development Group, L.L.C. on the east side of Holland Road. DISTRICT 5 - LYNNHAVEN 6. Appeal to Decisions of Administrative Officers in regard to certain ele- ments of the Subdivision Ordinance, Subdivision for Jane and Win- throp Short at 208 and 210 75th Street' DISTRICT 1- CENTERVILLE . 7. Sair Enterprises Application: Modification of a Conditional Use Permit approved by City Council on March 14, 1966 (Harry L. Partridge) at 6016 Indian River Road . CITY OF VIRGINIA BEACH 8. . Ordinance to amend Section 901 of the City Zoning Ordinance to require Conditional Use Permits for multi family dwellings in B 4 Resort Commercial. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk 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. Hearing impaired, call: TOD only at 427-4305. (TOD- Telephonic Device for the Deaf). Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. . The Planning Commission Agenda is available through the City's Inter- net Home P.age at : htto:/ /www.vbE!ov.com/deot/olanning:/current!plannine:/default.asp Beacon Sept. 12 & 19 11972098 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Robert D. Voogt - Conditional Use Permit (facility for the disabled) MEETING DATE: September 28,2004 . Background: An Ordinance upon Application of Dr. Robert D. Voogt for a Conditional Use Permit for a facility for the disabled on property located on the south side of Old Donation Parkway, approximately 130 feet west of First General Parkway (GPIN 24084334511853 - portion of). DISTRICT 5 - L YNNHA VEN . Considerations: This item was deferred by the Planning Commission on September 8, 2004. No action necessary. Recommended Action: No action necessary. Submitti ng Departmentl Agency: Planning Departmen~ CIty Manager: ~ \<. . ~ ~ ,!'.Ø~~~?I;' ",,-,,"-~-~..'I;.,~ ;~'O:A , .. \'f], t.., )Jj ,,~..~.,.........., ~~J ....;;:.,::;.::.::;:;- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Theresa M. Grubbs - Application for a freestanding mobile home in the Agricultural Districts MEETING DATE: September 28,2004 . Background: An application by Theresa M. Grubbs to place a freestanding mobile home on her 60-acre property zoned Agricultural at 5140 Blackwater Road (GPIN 13990676130000). DISTRICT 7 - PRINCESS ANNE . Considerations: Section 19-19 of the City Code allows agricultural property owners to have one freestanding mobile home in addition to a primary residence where the following conditions are met: 1. The mobile home must be located on the same parcel as the principal residence and it must be placed to the rear or side of the principal residence. The mobile home must meet all required setbacks. 2. The mobile home is not located within 400 feet of any other existing residence. 3. The Department of Planning shall notify all adjoining property owners of the application and allow them 15 days to object to the proposal. 4. The Department of Public Health must review and approve the proposed method of sewage disposal for the mobile home. 5. The freestanding mobile home shall only be occupied by a member of the immediate family of the resident of the principal dwelling on the parcel and only one family can occupy the mobile home. 6. If the Planning Department receives any objection from adjoining property owners, the Planning Department must forward the request to City Council. If no objections are received, the Planning Department shall issue a permit for the mobile home. Ms. Grubbs desires to place a mobile home on her property and allow her grandson and family to live in the mobile home and help care for her as she ages. Ms. Grubbs indicates in her letter of application that she is 80 years old and that her grandson and his family are a great help to her. The submitted site plan shows that the mobile home meets all setbacks and will be located approximately 660' back from Blackwater Road. A 28' by 80' (2,240 sq. ft.) doublewide mobile home is proposed. The closest residence is approximately 430' to the northwest. City of Virginia Beach - Red Wing Golf Course Page 2 of 2 The Planning Department notified 14 adjacent property owners and received objection from four of these neighbors. Copies of the objection forms from the four neighbors are attached. All adjoining neighbors have been notified that Ms. Grubbs' application will be heard by the City Council on September 28th. . Recommendations: The Planning Department recommends approval of this request subject to the conditions listed below. The proposal meets the requirements of Section 19-19 of the City Code and will allow Mrs. Grubbs to remain in her home, the principal dwelling on the site, while being cared for by her grandson and his family. If approved, the following conditions should be required: 1. Health Department approval is required prior to issuance of a building permit for the mobile home. 2. The mobile home may be occupied only by members of the owner's family. 3. The location of the mobile home shall substantially adhere to the submitted site plan. 4. All building code requirements must be met. . Attachments: Disclosure Statement Location Map Site Plan Forms from Opposing Neighbors Letter from Mrs. Grubbs Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: T l.~ ~ 23 24 25 26 1 2 3 4 5 6 7 8 at 5140 A RESOLUTION TO FREESTANDING MOBILE PROPERTY LOCATED BLACKWATER ROAD ALLOW A HOME ON AT 5140 WHEREAS, Theresa M. Grubbs, the owner of property located Blackwater Road, in the and AG-2 Agricultural AG-1 9 Zoning Districts has made application to the (the "Property"), 10 Department of Planning to allow the placement of a freestanding 11 mobile home on the Property; and 12 13 mobile WHEREAS, City Code Section 19-19 freestanding allows one home be located agriculturally-zoned to land if on 14 certain conditions are met, to-wit: 15 16 17 18 19 20 21 22 (1) The mobile home is located to the rear or side and on the same lot or parcel with a principal residential building, all dimensional requirements two (2 ) for dwellings are complied with, and the required yards or open of are not the principal dwelling space encroached upon; (2) The mobile home is not loca ted wi thin four hundred (3) feet (400') of any other residence existing at the time application is made to locate the mobile home; The immediately adjoining property owners and those directly across the fronting street shall be notified of the application; 44 45 46 47 48 49 27 (4 ) The method of sewage disposal for such mobile home is 28 approved by the Health Department; 29 (5 ) The mobile home shall not be occupied by anyone not a 30 member of the immediate family resident in the 31 principal dwelling the lot parcel and such on or 32 mobile home shall not be occupied by more than one (1) 33 family; and 34 (6) In the event there is an obj ection from persons set 35 forth in Paragraph (3) above, the City Council, rather 36 then the Planning Department must approve or 37 disapprove the application; and 38 the WHEREAS, applicant desires to place the mobile home 39 upon her property in order to allow her grandson and his family 40 to live in the mobile home and help care for her; and 41 WHEREAS, the Planning Department has received objections to 42 the persons application from four of the referred to in 43 Paragraph (3) above, such that the City Council must approve or disapprove the application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the application to allow one freestanding mobile home on the hereby located property Blackwater at 5140 Road is approved, subject to the following conditions: 2 50 (1 ) sewage Health Department approval of the method of 51 disposal for such mobile home shall be required prior 52 to issuance of a building permit for the mobile home; 53 (2 ) The mobile home shall be occupied only by members of 54 the immediate family of the property owner, Theresa M. 55 Grubbs; 56 (3 ) substantially The location of the mobile home shall 57 adhere to the submitted site plan; and 58 (4 ) at The freestanding mobile home shall all times be 59 maintained in compliance with all applicable building 60 code and other requirements and regulations. 61 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the , 2004. day of CA-9375 OID/ordres/mobilehomeres.doc R-2 Prepared: September 14, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ju ~ fl! /4d. 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PARCEL E-1 ,IA,B. ,~9o. ,.!>..-4s.. 76 (J) '" .0 uõ ~~ :-"': ~~ .~ " ,) " PROP. 1-S-~ HOME IT ~ 12.20 ,<>~' PROP. 18'x 18' CONC, PARKING PAD I PL~~it~~ ' '. ~' ,'" .',C', ;",;,',\:;.:,',;,;~"'.; . :",";"":"" , ,~ ~-9¿ 3100. 'C LOCATION MAP VIRGIN'" STATE PLANE I SOUlH ZONE - NORlH AME COORDINATE VALUES EXPRESSI ~ ~ ..., $ .0, NOW OR FORMERLY EARL W, & DORIS L McCLAIN D,B. 3755 P. 301 M.B, 259 P, 57 ; ..' f ~ UTlUZE EXlSTlNG DRIVEWAY AS CONSTRUCTION ENTRANCE ,;, ,,0 z '" ~ '" .: u: ,., ,...' " ,,-,,';~,,". .';->7;;"";:::-+,,;,,--":,,,,"""'-::-:-"'-""-f;"'~ -,\ :I \ \ ,to .' " ,. .;{> [1B ..of> , ..' n, ""'" .,""."" .' .d' -i.2/s.s.. 60 .. .'- ,. ~ '0 .' ,;..- ",,'.. n""", CJ<, u' "'. "",eT-_' " ~, . " .> . ~ ~ ~ .." , - ,<>' ,0' , , " , , CJ<,""'" -",J " . \".' ,<> '"\' ", .' \ ~ \ ,,' \ \. ,<> ,...' ,,' , ", r~ ,,-~~r ..SO, ,~' :::! '" N "! CJ<.11L~ ...... _. .~ t=J ,..' 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".' .-" ------- Department of Planning Zoning Administration Division Operations Building, Room 1 00 Virginia Beach, Virginia 23456 .;' Re: Request for a free-standing mobile home at 5140 Blackwater Road Virginia Beach, Virginia ~e~do not) object to the free-standing mobile home that is requested by Theresa Grubbs at 5140 Blackwater Road, Virginia Beach, Virginia 23457. i,~ II M,~ Signature ~"1.... ~. ,"",' , Address S- / °8 J31~A'bv~ /J 6.- 30 -D{i Date Y- A~ ~ ~ ~ k-v~.~ ß-¿7-oJl :?v¡, Lð{ ~-{' /~-&.v-d( Ý--'~ -~ cT>1 Ú-co Z,Ø ~ Department of Planning. Zoning Administration Division Operations Buiiding, Room 100 Virginia Beach, Virginia 23456 i' Re: Request for a free-standing mobile home at 5140 Blackwater Road Virginia Beach, Virginia IØ~(dO not) object to the free-standing mobile home that is requested by Theresa Gru bbs at 5140 Blackwater Road. Virgin ia Beach. Vi r~ ~ A. ~ r . Signature ~I ~ .¿fn/ . Address 5/ð I{ fjLl/Ck.tvli-Téf. .~ !...--1 V1, fjë:rtc:::fl I v)!. fXòr.f.7 ' '1it/Gl/Sl ~ 31 õl.oot..j / Date :, Department of Planning Zoning Administration Division Operations Building, Room 100 Virginia Beach, Virginia 23456 Re: Request for a free-standing mobile home at 5140 Blackwater Road Virginia Beach, Virginia l/weQdo not) object to the free-standing mobile home that is requested by Theresa GrubBirt 5140 Blackwater Road, Virginia Beach, Virginia 23457. {) 0 DBStZ:( # Signature Ø-./;;( ~ Date S2 3Â ßLÞs~/< (Jt¥ft.S"f? f{LJ 8f:Ãl{o if Address ------- --- Department of Planning Zoning Administration Division Óperations Building, Room 100 Virginia Beach, Virginia 23456 /, R" "'-,'," C'F', ""'~',',',\."""."',""',':,',','=',":.:,'"."','" 'c, I, '¡- I' ',: " , ',"- """"" ' \" > "","" I' ,J .-. " ' b' .. , .' tt.- &!...:.. Ii . """"'" '::,./' AUG 2 3 2004 City of Virginia Beach Permits and 'InspecUons Re: Request for a free-standing mobile home at 5140 Blackwater Road Virginia Beach, Virginia I/we (~Object to the free-standing mobile home that is requested by Theresa Grubb;'~~lackwater Road, Virginia Beach, Virginia 23457. 1- de ~ -ec.f Signature , Address Date ~~~w , ~ 5'// 6' Ll/"'c-~t:rIi!r Rot/¿/' q- ¡¿¡-øc.j Zoning History Map G-J4 "10 Not to ';cö!e + ,N :'. ~../ .. . . .. . '. .. .: . :::<~l AG- ,.. . .. . . ", AG-[ œ DATE I REQUEST I ACTION 1 02/26/93 Conditional Use Permit for an outdoor recreational facility (Splat Attack). Withdrawn 2 03/14/00 Conditional Use Permit for 150 feet monopole. Granted ,..,::;~~iÃ~~/), ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Howard Holzmacher - Conditional Use Permit (firewood preparation facility) MEETING DATE: September 28, 2004 . Background: An Ordinance upon Application of Howard Holzmacher for a Conditional Use Permit for a firewood preparation facility on property located at 3308 Heffington Drive (GPIN 14836300990000). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant is requesting a Conditional Use Permit for a firewood preparation facility. This is a seasonal operation from the months of October until February. The hours of operation are 8 AM. until 5 P.M., Monday through Saturday. There will be two employees during the operation of the firewood preparation facility. The firewood is available for delivery or pick up. Deliveries are made with a pick- up truck. This application is the result of a Notice of Zoning Violation that the applicant received for existing firewood for sale located on the property. This use is compatible with the existing surrounding agricultural uses. The firewood location is to the rear of the property and hidden by the existing buildings and trees. The Planning Commission placed this item on the consent agenda because they concluded the use is appropriate and compatible with the surrounding area. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The limits of the firewood preparation area shall be confined to the designated locations depicted on the submitted plan entitled Site Plan for Howard Holzmacher dated 5/14/04. Howard Holzmacher Page 2 of 2 2. The hours of operations shall be from 8:00 AM. until 5:00 P.M. Monday through Saturday. 3. The storage height of firewood shall not exceed 20 feet. 4. Noise from equipment for firewood preparation shall be limited to hours of operation. . 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:~ ~,~ ~ .. ","'."".-. "'Co ,';,::\,1.'5£"',... ,.~ ". ';,..... r.;;." '/'f.. r~ "" ~, #'0 ~ '. '".,...' f:':': -:.~' 4""" .. '1'- ~ ,¡:.. ..~) <::'t~- ~-;> \--; ¥ !' lot 0 "(. ~.. ,,-:-J "'. " ,".i "':~' ,~~'>¡t.. ~.::.:.,. ...,' ,;",,' ,.., ""..............""- G14-210-CUP-2004 HOWARD HOLZMACHER Agenda Item # 5 August 11, 2004 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Conditional Use Permit for firewood preparation facility, Property located at 3308 Heffington Drive. Howard Holzmacher ì"'~>\,!¡ . I ¡...Off )Iri~ AG-2 f AG-2 ',\L.~ '--") N AO-I """ wi".!j'!: o~ l .. 'líG-1 :, '- ~'J1 ,~%r{.@1/ ¡ c .ÐI,t ðo. \'---:.:¡~~. -, ,'", ~/u' .~ AG-2:rt i ' "' : ,: ',',',::;: .,'-ì >7:'/ """'(""!:: G"" " /z"/ ".. ,,>~, -,-;;';--'~L~-'-' ----- , " ':, :' \------ - ~~?~'. ~ . "~~:; .: --', ',I ',Q~, ' " '-"""",'¡',! ,',:' ':,:.- :".:'1 \_!.,---- ",::;j].!Ç-:'-1!!, " :':' :' :,~"'~::;:5r-,~Fl.f\\ ' "'I.CJ if? fì, :n~l; " ' . ":""'9~\.o~~\f? :{ I '>Q:~,';il~ <-+ " r/;~~-O. \ik&\] - ~--. G-; \'\' ":,: ,\ \~D\J> / ~~<-A-GJ' ù~¡\!r "'~<~ ~",<i'~6¡ ~(,'I¡ . '... ",,:_: :-- ' ';' , .. : r '" ¡ . , ,I ;:-------.... Clil' - r"CVo'JOd ¡"",O"'.""" f,¡d ily Map G-J4 M. Not '° So.i. 14836300990000 7 - PRINCESS ANNE HOWARD HOLZMACblER Agenda Item'!# 5 Page 1 SITE SIZE: 4.903 acres EXISTING LAND USE: The property is zoned AG-1 and AG-2 Agricultural Districts. SURROUNDING North: LAND USE AND South: ZONING: East: . Wooded / AG-1 and AG-2 Agricultural Districts . Heffington Drive, rural residential single-family / AG-1 and AG-2 Agricultural Districts . Rural residential single-family, North Landing Road / AG-1 and AG-2 Agricultural Districts . Rural residential single-family / AG-1 and AG-2 Agricultural Districts West: NATURAL RESOURCE AND CULTURAL FEATURES: The subject area has mature tree stands along the north and west 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 Proposa The applicant is requesting a Conditional Use Permit for a firewood preparation facility. This is a seasonal operation from the months of October until February. The hours of operation are 8 A.M. until 5 P.M., Monday through Saturday. There will be two employees during the operation of the firewood preparation facility. The firewood is available for delivery or pick up. Deliveries are made with a pick-up truck. This application is the result of a notice of zoning violation that the applicant received for existing firewood for sale located on the property. HOWARD HOLZMACHER Agenda Item # 5 Page 2 Major Issues The following represent the significant issue identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which this issue is adequately addressed. . Compatibility to the surrounding land uses. Comprehensive Plan The Comprehensive Plan Map identifies this site to be within the Princess Anne (formerly the Transition Area). Development within this area should be designed around the natural features of the site. The existing character of the area must be protected at all times from inappropriate land use intrusion that does not provide a legitimate purpose to the surrounding community. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. This use would be compatible with the existing surrounding agricultural uses. The firewood location is to the rear of the property and hidden by the existing buildings and trees. Staff, therefore, recommends approval of this request. HOWARD HOLZMACHER Agenda Item # 5 Page 3 Conditions 1. The limits of the firewood preparation area shall be confined to the designated locations depicted on the submitted plan entitled Site Plan for Howard Holzmacher dated 5/14/04. 2. The hours of operations shall be from 8:00 A.M. until 5:00 P.M. Monday through Saturday. 3. The storage height of firewood shall not exceed 20 feet. 4. Noise from equipment for firewood preparation shall be limited to hours of operation. 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. HOWARD HOLZMACIiER Agenda Item;Ji:f 5 Pa;ge4 Supplemental Information Zoning History Map G-14 Na Not tc¡ Scola 0 å II ,0 0 EJr AG- 2 .~ (] a 0 , ;. t ;- 02' AG-I . . . .~. []] DATE I REQUEST 1 02/26/93 Conditional Use Permit for an outdoor recreational facility (Splat Attack). 2 03/14/00 Conditional Use Permit for 150 feet monopole. I ACTION Withdrawn Granted HOWARD HOLZMACniER Agenda Item~# 5 PagE! 5 Public Agency Comments Public Works Master Transportation .E!an (MTP): Heffington Drive is a two-lane residential dead end street connecting to North Landing Road. There are no planned facility improvements in this area at the current time. North Landing Road is a two lane minor suburban arterial. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Heffington Not Not Existing Land Use ;¿ Drive available available - 50-60 ADT Level of Level of North Landing Service C - Service C - Proposed Land Road 10,044 13,600 Use 3 - No data for ADT1 ADT1 this proposed use. Average Dally Tnps 2 as defined by rural/residential 3 N/A Public Utilities ~er / Sewer: No water and sewer services are required for the proposed use. Public Schools ~ Not applicable Public Safety l..E2Jjce: I Not applicable for the proposed use. Fire and Rescue: This application shall comply with Sections 315.3 Outside Storage, 315.3.1 Storage beneath overhead projections from buildings and 315.3.2 Height of the International Fire Code. HOWARD HOLZMACHER Agenda Item'# 5 Page 6 Exhibit A Aerial of Site Location HOWARD HOLZMAGHER Agenda It 5 ,"" - -- - ..- -- ¡ I l" I::: ". \~ 5. \ TEP\:-.-A N \-\o.wAJ~b HcL.2~,\AC:HtR 5.\l-\.OW¡ ¡:~ :~ ,.' ! Exhibit B Proposed Site Plan ill HOWARD HOLZMA A§~nda Ite Exhibit C Firewood Photograph HOWARD HOLZMACHER Agenda ftem':# 5 . Pa9~ 9 I 0 ~ ::0 »O ccI coO ='r Q.N 0>:;;: ""0;:+» o>co() <03 (f). I "->0. :1:t: m 001::0 .z <=> ....... ~ C--' :=1 ='-c ~ E-c ~ r:;.:t ~ :.:& CI:} t:::J ~ 0 ....... E-c ....... Q Z 0 t:...;;) APPLICANT DISCLOSURE lIthe applicant Is a cOIporation. partnm.hlp. lírm, business. or othe, u"incoll>ocotcd OI(J""¡Zati",,. cOmplelè Ihè fO!l()w,"g' j list tM apollCan! flUm" lo!loworl by tho namos of 1111 oflìcms, membms. Iruale"s pMc.ers, cle bo'c,,' íNI.1CIt II;( If ncc,o,<,wy) \'~O'('v",.l\Lb.':CR.",.. .,mm.. !~o t" :":\.'/H_hf;,\L_~ì\5".... 2. Us! ~II busloÐ5Sf.'s thaI ""vo a Illot hllY.. a p.r;mlsubsìaIOlY' or IIII:Ii;¡t<><l louoi""" "nll!y ""atlonokp ",i!h tho ap"I"'.OI ¡¡\ff¡¡cll ¡isf if """".."'yj [] Chack ho", ¡! tho apph".),,1 I" NOr" (Olporatio". parh"'($!¡ip, "n", bu"","'s. m other "nl"corpo'a"," Œ;)'mi'M'1" PROPERTY OWNER DISCLOSURE (;cmp!a!o IlIi" "!';iI,'" ""I, ;/ i}(,polly (',,'I1m ,., r!rli,m,nt from ,'ppl.c",,1. II tho vcp",t., ownu "a r.mporati",', r,utnNsh'p. ¡ifm. b,,~¡,1O~', or ,>11\", uniJ,ç"'pnml"c ()rg¡¡n¡",!i()I), """'piC'" 1!10 1011""""9: 1. UM U", pro"",!y .",;,,~, M"'" ""',,..,<><1 by Ihe ""'.,,~. 0' aU ,,!!'çer<,. m~mb"l$. """"es. P"""'"" i!tG ""I,.1W, (At(;¡c!/Id ,I r1O"(>s""y) .,-----=:..,..,:,\ \" 2 Lisl "II bi""""".," H"" 'liIV" ¡¡ ¡¡",'IMN " p¡uont.,ur""¡I"p;' or "If,¡i¡¡t<'d "'",i"""$ ""IiIy' """"""""Ii'","h thi) "Imh""". (AI¡¡¡ell lis! ìI ,m""ssr.'y) he,," I',' F""""'y (,,',,'e' i, NOT ,! ,O("p{)("lbo pmll,".$I\I;> ¡""', l\H"'\é5". or o,l\m """";""""",,,1 """",i",t;,,') DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES LiBt ail known r.ontracIOfS or blfslnnsM)S thaI hav" Of will plo.id" OClV;ClJO wilil resl""'1 10 the Icqu/¡sled properly U$~, Including but no! 11",iloo to the pro"lctero c! u,h!tccllJral SONk?~, lOal "5ta10 sorviCf)$, Iln."cial s"".;ce5. "c",cunling services and 1"9"1 50""'008' (Altaeh list If nocct"ary) 1 'P!l""'t.oubsÎdl~,~' (e;.)lioò.hip' me"""',, 'dati","'hi¡) thai oxi.!. whrm o"e corpomll"" directly or ì"dl"'<,Uy owns sh"m. I""'<'."in!! more Ihon 50 porcent of {h, volinG ¡mw", of ""olhm C",¡m:aHŒ': Sf!!; SI"[,, ,¡ml Lm'a! Go",rnm'ml C""flkl Dr IrMrcsl, Act V". Cod" § 2.2,~1ÜI , 'AII>líatmj l1usÎnl)ss entily rc'at'ol\oh'p" rn~"". \1 ,~bb,nGilip, OUlf>( limn pMlf'.,..h.'dl,W¡ fülf\t¡""'~I;>, IMI I"',S" ",he/1 (i) """ ",,';mi"" c"hi'{ ",.." ""'*"¡¡"'\! t".'IIwmh'p ¡"(,,,e,1 '" [1:<'. '.:U\Cr b""""" ""lily. ('i) ¡¡ r;m;II()'!¡ng ownm'n G>1I1 ,,;'\I,ly i< a!,o a Cf)"I((>m,,~¡ ",wnO( io 1M 0(1'01 cn1ity. '" (m) Ih"", ,S .';hm"d ",w""J&!m,n üf c"""rel bel"o"," Ih(. bus¡nt." ""liUe" F<ldms Ihol should on considered in delorrrinioq \he ."¡',cnc'~ of "n art,"ated bt"i"eSS ~n"'y rela!ionsh>p Incjud9lh"t t~e ",mo !"".on '" sul."~mllal!y Ih~ saine [19r$On own Or 1II"""ge 'n" two enIÎ¡¡C~: Ihwe 01" comln,," {)( ",ð",n';ng:~d ("",1$ Of ð9"r:l~: Ih., bJ9;rtHOS Cn!ìllc9 sh",e Iho I¡'O of Iho sam» ofriC(JS cr e"'pIGye,)" M 011'1""0'1", S~Mó ",.Hymes, rN;Our~O$ Or 1'""""",,1 on a '"lIui"r bð,i';i N thoro it. othmw"o a clos" W"~'II1U r('l,)tionship bc!wliCn the enlilies: Sea Slale and I GO,,: Go"""""",t Gnnmel of Inlom5ts Ad, Va C"dr> § 22.3101 CERflflCA TION: I cerWy 1t"'1 ,"'! dmmalkn conlained I,e""" '" Ir"" ""d acwrnl," I und$rs!;md 11",1, upon ""ceip! 01 nçlil'"a~"n (¡"",Icard) tiVII m" 'Jpp!ica!oon h¡Li !;'>"" I "III responSlb!e lor obl"i,,',,\) "',,' p<>s!inu the "'qu;rurJ ! :o",,! 1:' d','i' pri". 10 'he '¡ch"""I">Ì pd,re hu,",in;) ¡"!"" "",:i..I'.", "::~ ,,~ th" z 0 ......... ~ t.,..;) ¡.....c ~ Ø-c ~ t : ~ ~ Ø-c ~ CI':} ;:::::> ~ 0 ¡.....c E-c t--C ~ Z 0 u em en -. >< S"0:T .... n -. CDõtT 3 ° -- CDS::"'" ~@C Item #5 Howard Holzmacher Conditional Use Pennit 3308 Heffington Drive District 7 Princess Anne August 11,2004 CONSENT William Din: The next item is Item #5 Howard Holzmacher. This is an application of Mr. Holzmacher for a Conditional Use Permit for a firewood preparation facility on property located at 3308 Heffington Drive in the Princess Anne District. Is there a representative for this application? If not, we can still proceed I believe. Is there any opposition to placing this on consent? There are four conditions with that application. Mr. Knight, would you like to comment on this one? Barry Knight: Okay. The applicant is requesting a Conditional Use Permit for a firewood preparation facility for a seasonal operation through the months of October through February. Operations will be 8:00 in the morning until 5:00 p.m. This is a piece of property as you see off of North Landing Road, totally surrounded by woods. There is an electrical business back there plus a cell tower. They want to cut firewood as previously stated in certain months of the year. We feel like and there are no complaints. No one is in opposition here. We feel like this is an appropriate use of the land. So we placed it on the consent agenda. - William Din: Thank: you Barry. I'd like to make a motion to approve Item #5 Howard Holzmacher. This is an application for a Conditional Use Permit for firewood preparation facility at 3308 Heffington Drive in the Princess Anne District with four conditions. Dorothy Wood: Thank: you sir. Do I have a second? Mr. Knight seconded it. ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 11 NAY 0 ABSENT 0 ABSO AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. Zoning History [!] DATE I REQUEST I ACTION 1 OS/25/99 Change of Zoning (AG-1 & 2 Agricultural District to Granted R-10 Residential District 2 09/09/85 Change of Zoning (AG-2 Agricultural District to R- Granted 5 Residential District ~""""~" rf - "~F';:2, /~~ . Yf:;, ((:- m \~t~ . :~~; ~....."", CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Chesapeake Atlantic Development Group, L.L.C. - Change of Zoning District Classification and Subdivision Variance MEETING DATE: September 28, 2004 . Background: An Ordinance upon Application of Chesapeake Atlantic Development Group, LLC. for a Chanqe of Zoninq District Classification from AG-1 and AG-2 Agricultural Districts to R-20 Residential District on property located on the east side of Holland Road, approximately 300 feet south orUtchfield Way (GPIN 24040429590000). 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 7 - PRINCESS ANNE Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Chesapeake Atlantic Development Group, LLC. Property is located on the east side of Holland Road, approximately 300 feet south of Litchfield Way (GPIN 24040429590000). DISTRICT 7 - PRINCESS ANNE . Considerations: The applicant is proposing to rezone a 1.26-acre site to R-20 Residential District for the purpose of constructing two (2) single-family dwellings. The property is currently zoned AG-2 Agricultural District and, as such, there is not enough acreage to meet the requirements for the construction of two (2) home sites. Although the site has well above the minimum acreage requirement of 40,000 square feet (20,000 for each lot) for the R-20 District, the site is deficient in lot width for the construction of two single-family homes. Lot width for the R-20 District is 1oO feet at the front yard setback. The existing site has approximately 148 feet of width at the front yard setback. The proposed subdivision creates two lots with 115 feet of lot width (Parcel A-3) and 25 feet of lot width (Parcel A-4), thereby necessitating a Subdivision Variance for lot width for the proposed Parcel A-4. Ingress and egress to the site will be via an existing, paved, 2O-foot wide maintenance and access easement for the stormwater management facility adjacent to the site. According to the plat, this access has been dedicated to the City and may be used by Parcel A-1 or any future lots created from Parcel A-1. In addition, the note on the plat requires that this access not be gated or blocked by fence or gate. Chesapeake Atlantic Development Group, LL.C. Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the requests, as proffered and with the following conditions: 1. There shall be only one (1) ingress/egress permitted for the use of both Parcel A-3 and A-4. This limited ingress/egress shall be the existing 20- foot wide maintenance and access easement as identified on the Plan entitled, "EXHIBIT FOR SUBDIVISION OF PARCEL A-1, LAURA COOPER ADAMS TRUST," prepared by NDI, LLC., Basgier and Associates Division, dated May 27,2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. (;) 2. A Cross Access Easement Agreement meeting the condition above for the use of Parcel A-3 shall be provided with the final plat that shall be submitted to the Planning Department / Development Services Center for review. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: PIano; n9 Department~~ City Manager:~ l.~6V>'z. ,..,...,-,,""',. ... r.,...,,~'A'8€~è.l"'l... r,ç.:::. :~',~ 112-217-CRZ-2004 f'C ~ y-,° :'~ \Í:) 112-217-SVR-2004 .'" ' ..>J \~;~~~4 ~~APEAKE ATLANTIC DEVELOPMENT ;.. "" 411< , ~.~.~ ;':'Lt,;:;.;:';:~~ G R 0 UP, L L C Agenda Items # 3 & # 4 August 11, 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. Location and General Information REQUEST: (3) Chanqe of Zoninq District Classification from AG-1 and AG-2 Agricultural Districts to R-20 Residential District (4) Subdivision Variance to Section 4.4 (B) of the Subdivision Ordinance for lot width, LOCATION: Property located on East side of Holland Road, north of S1. John's Baptist Church. GPIN: 24040429590000 CHESAPEAKE ATLAtirlC Agenda Items # 38fJ¡~'# 4 Bâge. 1 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 1.2624 acres EXISTING LAND USE: Single-family dwelling SURROUNDING North: LAND USE AND ZONING: South: East: West: . Single-family dwellings / R-1 0 Residential District . Holland Road, single-family dwellings / R-1 0 Residential District . Church / AG-2 Agricultural District . Single-family dwellings / R-1 0 Residential District NATURAL RESOURCE AND CULTURAL FEA TU RES: The site is vacant with grass cover and is within the Southern Watersheds Management Area. There are no significant environmental features on the property. AICUZ: The site is in an AICUZ of 65-70dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant is proposing to rezone a 1.26 acre site, to R-20 Residential District, to construct two (2) single-family dwellings. The property is currently zoned AG-2 Agricultural District and, as such, there is not enough acreage to meet the requirements for the construction of two (2) home sites. Although the site has well above the minimum acreage requirement of 40,000 square feet (20,000 for each lot) for the R-20 District, the site is deficient in lot width for the construction of two single-family homes. Lot // ......,. .~ , '::r'",.:'", .:~':" @ ¡ iT» ! / " ! € : .' . f,~}:;¡> ¡. ,- . - "'- - -"",'- - - -..- - : "j":: ~~ 1.- - . ..";; - ... -L - ~ -.( #,{:~~.., ¡i.'¿ p~~ ;i P1~"CV?-.!.~' F; ('f) ,f. ~... ".. ;¡ """"", on ...." : i :J' "~;~ ~:-~~..; ~~~~.~~£ ~~~,j:- ¡I! """"'" ,,""",-, ! 'ot;';~~t,fJo, ;""."<~:'~~;,"'" , CHESAPEAKE ATLANTIC Agenda Items # 3 &!ii~4 Page 2 width for the R-20 District is 100 feet at the front yard setback. The existing site has approximately 148 feet of width at the front yard setback. The proposed subdivision creates two lots with 115 feet of lot width (Parcel A-3) and 25 feet of lot width (Parcel A- 4), thereby necessitating a Subdivision Variance for lot width for the proposed Parcel A- .4. Details of the relevant dimensional requirements for the proposed lots are provided in the table below. Ingress and egress to the site will be via an existing, paved, 20 foot wide maintenance and access easement for the stormwater management facility adjacent to the site. According to the plat, this access has been dedicated to the City and may be used by Parcel A-1 or any future lots created from Parcel A-1. In addition, the note on the plat requires that this access not be gated or blocked by fence or gate. l1em Reauired Lot A-3 Lot A-4 Lot Width in feet 100 115 25* Lot Area in square feet 20,000 21,390 33,599 *Variance required 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. . Compatibility and consistency with surrounding land uses and zoning as well as the recommendations within the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recognizes this property as being within the Primary Residential Area. The primary objective for this area is the preservation and protection CHESAPEAKE ATLANTIC Agenda Items # 3 &.;:;# 4 Page 3 of the overall character, economic value and aesthetic quality of the stable neighborhoods within the Primary Residential Area. Staff Evaluation Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. B. Strict application of the ordinance would produce undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. C. D. E. Staff recommends approval of the Change of Zoning request and the Subdivision Variance request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses the 'Major Issue' identified above. This infill site is of an unusual depth and one can make an argument that the current zoning on the property is not appropriate as this piece, at this size, in this location would not be suitable for typical agricultural activities. The existing agriculturally zoned parcel is not of adequate size to offer any economic value to someone interested in farming in this part of the City. The transition from agricultural to residential has occurred throughout the CHESAPEAKE ATLANTIC Agenda Items # 3 ~¡~ 4 PageA Holland Road corridor over the past decade. For whatever reason, this site was not included in any previous request for rezoning. The site is more than adequate in size to be divided into R-20 lots. The site is, however, deficient in lot width. There is an established arrangement of land uses, similar in character to this request, adjacent to . this property. The proposal is complementary in terms of use, density, and setbacks with the existing single-family subdivisions to the north, west and across Holland Road to the south. This proposal is also compatible with the church to the southeast. Staff, therefore, recommends approval of these requests, with the following conditions recommended for the Subdivision Variance. Conditions 1. There shall be only one (1) ingress/egress permitted for the use of both Parcel A- 3 and A-4. This limited ingress/egress shall be the existing 20-foot wide maintenance and access easement as identified on the Plan entitled, "EXHIBIT FOR SUBDIVISION OF PARCEL A-1, LAURA COOPER ADAMS TRUST," prepared by NDI, L.L.C., Basgier and Associates Division, dated May 27,2004, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A Cross Access Easement Agreement meeting the condition above for the use of Parcel A-3 shall be provided with the final plat that shall be submitted to the Planning Department / Development Services Center for review. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. CHESAPEAKE ATLANTIC Agenda Items # 3 & # 4 Page 5 Supplemental Information Zoning Historv " '( t t [[] DATE I REQUEST I ACTION 1 OS/25/99 Change of Zoning (AG-1 & 2 Agricultural District to R-1 0 Granted Residential District 2 09/09/85 Change of Zoning (AG-2 Agricultural District to R-5 Granted Residential District CHESAPEAKE ATLAN\fIC Agenda Items # 3 &;1# 4 Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): Holland Road in the vicinity of this application is a two (2) lane collector facility. No projects are programmed to improve this section of Holland Road immediately in front of this site. Traffic volumes on this section of the roadway will be significantly reduced as a result of future improvements associated with Nimmo Parkway Phase V-A, CIP 2-121, and Holland Road Phase VI, CIP 2-158 projects. These projects are not anticipated for completion until mid-2008. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use "- 12,715 11,000 -10 ADT Holland Road ADT' ADT' Proposed Land Use 3 - 22 ADT Average Dally Trips 2 as defined by agricultural use with one (1) single-family dwelling 3 as defined by two (2) single-family dwellings Public Utilities Water: There is a 12 inch City water main in Holland Road. This site must connect to Cit water. Sewer: There is a six (6) inch sanitary sewer in Holland Road. This site must connect to City sanitary sewer. An analysis of the pump station (#627) may be required to ensure that future 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 Throu h Environmental Desi n CPTED) concepts and CHESAPEAKE ATLANTIC Agenda Items # 3 &# 4 Page 7 lfire and Rescue: I strategies as they pertain to this site. I Adequate - no further comments. CHESAPEAKE ATLANTIC Agenda Items # 3 & # 4 Page 8 ~ Exhibits Exhibit A Proposed Subdivision {r9-:S 'ò '99~ 'e'",) 00"." C'131.!H:)m 00 ""-:!:"',osns Ì~"l.,~!-_-- '-~¡ , I :: ~ -j g ¡¡---',: ',' ~ ;;' I ., Io <~. "'. I ,~:;j",g ~, . \. <><.>" "..;"': I~ "i', i!~' I"~ ;::'ð'" .. 'I ,,~ ~g,l f- :i; 1"-- - I 1 , , I~ @, ~, I tv; < ," 5:Q r:-L,,!- Õ"'~ ~~ó Q." ~ - -J ï7 n <Ó ~:;¡ ;; , g~ 8-" '" ã;:Õ ~, :,-:' I ~~; ~ L- - - ~ , !5¿¡~ 1'1 J ,"""".. ...,'~ 1 v,5ð ; ; I ¡ @ , :1 , I I ~; I~ , @ I ~ ;¡ I:; ,;¡: d~ I :~ ~& I ' <'"' I :;~ ~: I I ¡ §¡ , I w r----r' ~ I 1 ~ I ;",1 'j; B' "', I I::: ..,;:¡~:; I ~ ~"-,,, 'II ,~"...:-:1 , ,- z< ,¡;'" .~ 'ð:~Z " :; ~ :UÓ ;:: ~ -B I , I 1"'), r ::.. <ó!!! ~"'.~ õ"- ~~~ Q.N CHESAPEAKE A TLAISITIC Agenda Items # 3~i:p. 4 page 9 () »I (Om (1)~ 5.""0 tUm ..,.;.» at" 3m w» ""O~-; ~ úJ ç (I)~~Z ...i$'-; Q.þ..() z 0 ~ ~ U I-C ~ ~ ~ '-' Z ~ Z 0 N f;à APPLICANT DISCLOSURE IS a œrporð"'m, pmtM!$I'i¡1, firm t~M"Hits cr dh\!r ""i"mrW'Ng, rompi,;:" lb., (he n;¡e",!$ of ail OmC!,I", "'"mhorh, I""';w(';;, M"",i""" "";lnli(; D!!'Ülo(ífr!!W! Group, LLG" ( Virç;¡nia Mal!a¡~r, RoIijl\jVarb!()w, Cnnmd Villblow, ¡¡,,¡¡¡My company; ViHt¡low, 7. U~t ail 0\1,,1,,0",$$<)$ IhrJt have a parent'!\\lbshJj¡uy' or ,,~t1fntN i)\ISinoS5 er,tity" relatioMhi¡) w,ih ¡ho ilppiiç(ji11: (Atlm:1I fist ill1ltcøsMry) 0 (;h<!ek horo ii Ih", apphcaot ìs NOT a œrpomliün, pmlnership, HIm, b\l$ìrw~s, or nlhor uni!WQrt)ot;1!,)( o'çan,zat<on PROPERTY OWNER DISCLOSURE Comp/l)/o 11>1" $!1G/ioll oniy if PtOl'm/Y OW"", i~ cIlff(>fent !mm <>ppJ,'il"l If tho pmpmly owner is a corporation, j:\¡¡r!Mrshi", '"tn, businl)$S, ", oí!w., \. U;tl!he """":"'1'0, In,',!'..". 2, U;¡t ¡Iii b'¡~"'1fi$M?h !I)(Ü h;w" II "",..I;';,,"'hip hAt> II.., nppH~..."t p.;),tnCl~h;i), r'"n, bush,,!;;', .._.._DISq2!!!!E STAII!1!,!!T,J ADDITIONAL DISCLOSURES U';I .lIi f_,)""'" "",>1<,1<1°" °, b'h!n"",.'" !hai ,",-."O, "HI ',""'J""; """" t" """""II)<ll'h,1I""', bulnd;,¡¡¡¡t.;,,!!o po;"'!>"';'" 'pt,,\!!: ;"""¡('¡""""ll.,~!"h,q"V1i""', ""'V""','i"'~"""';"q',"'v""",'I,,1 , '1);lfiml'SlIhstdia'y rcIQtions!\ip' ",<laM "¡¡ relaliOMI\ip 11M! 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Inth,c> "Uwrl"I'¡"'"SS "..hI,',(I»'¡ "',.",,, ";,"""-olll"'¡""'ju",""in!h'""f¡,',r¡,,,nÿ,(JfI,Hi)ih,',,",'-i\""., \ Li Ü)¡,\i,) (,,'NOell UI" bu~in"&" "nhli"s, "a"'r'f'; thaI '.h, ,,;: ¡". ín,¡ol"""'"í"(jri"'"""!,"'c<>nf,ll1;\frdi,\!,"lhw"",,,,,:',"',1"",,.11'->"""'" i"d",kh':""""I1¡;"i""""'" .""""",t","',' II", ",',,"" """..; ""n'"" Ihw""""""""h"'('";,'",i"'1ld"",""";¡."".,,,, In-" """ (,I "," ""","oft"",;', Of ,iIIP ¡f!n C"d" § 22';HO¡ ÚF.IHtfICATlON: 1"'¡t'¡ylhatlh"'Hft"IH,llkmwn!"""'Jh"-,';ni"',,,,,,,nd". ,"'"¡,, uI\lI"'~t""dthal,"pUIII¡:Güiptl}f"d,h'", "11"'""-""'\"';,111\<:"1"""-";'-"" H'!II'dule" ¡m 1 ;"n "",!'<!II(>!èJ'n 1:)( ,,:'1."""'(1 ;om! ",,¡II..I) fill; 'II 1".1'1 W" '1II"'n to ¡hI' z 0 ~ !< u ...... ~ ~ ~ -< '-' Z ...... Z ¡,!, 0 !' " N ~ om C/) -. >< S"(f:J'" ..... 0 -. CDÕC- 3 (f -, CD t: ..... ~øt1J () »:1: eam (DC/) :J» c..""U Q)~ IDA 3m w» ""U=It:-f ~ ú) ç (tr '!P.:Z ~=It:-4 ->..þ.() l .",~,,~,~~~OSI!RE STATEMENT APPLICANT DISCLOSURE If the <lpplìcant is a CorporatiOr'. I>artnemhip, firm, b"5,nO5$, or ()ther un;n(;orpor<lted œifimizillion, CùmplOIO t!1f) fo!kJwing: 1. Ust the applicant n1lm" fo!ÄYNed hy the nmnes of ¡¡II olllrx,r$, member;;. trustee", partners. otc, below: (Attaclt lisl if necosS8lY) Che$apeake Atlantic Development Group, LLC., a Virginia limited liability company: Carl R. Varhlow, Manager, Roland Vorblow. Conrad Várblow, Heidi Varblow. Members 2. List all businesses that have a parent-subsidiary' or aŒ1ialed business entlly2 relationship with the apphcant: (A!lar:/t list if t!flCOSS£lry) 0 Check hmo ¡ftho applicant is NOTa corporation, partnership, firm. busin€l$S, or othHr unincorporatoo organization. PROPERTY OWNER DISCLOSURE Comfit"!,, 11115 SOGtíon only if prof10lty owner is rIme/'),!! (ltyn nl'p!ic,¡nr. If !hB proper1y owner is a corporalìon. partnership, lio". business, or other unincDiporater! Of\janizahün. comp!'"te the followin\j: I. List the property owner name loHowed by tho names 01 (III officers, 11\61111:or5. trustees, pmtnors. ü!G below: (Al/lIcll list if necessary) 2, tiSt all businesses that h(lvo (l1>aront-subsidi¡lry' or affillalM tJU$iJ)oss onlilY< rdat'l)[\5hip with tho (lpplìcant: (Ai/del! list if I1Qc{¡ssary) 0 CheGk hore If tho propo'ly owt\ør is NOT II corporation. parlnership. firm, bus,nf:ss, 01 olher IJl1ulcorporated orqanizalion. r" 8. ' :>"" "'HI I>ðg" tcr foolllole. z 0 t--C ~ c...::» t--C .....:t ø-c ~ ~ t..;) ~ Z 0 t--C CI':J E ~ ~ þ CI':J DIS ADDITIONAL DISCLOSURES Ust all known <;ontractors or husinHs,;"s !Ilat h¡we or will provide ~erviCf):\ Valll ,ù,~pc-:.t to Iho mqu,,:.¡tüd property US,,,, inclm)nq but "ot "n¡¡!Or! 10 II", ¡Hov¡'lers 01 ,¡rd,i«)d'if.;1 'iN\líGCS, real uslalo sr.rvices, flnandal smvícc'i, öGcounUl1q ô"IVfCC'>. dud !"Hal $ervice~: (Altach list II nCC/;$sary) .';ykt'¿.,_J!<¿.u r 'i'Uh...,1;1£!'I..~¡...Ic<'V.f.L.E,h.._......... ,:';'L...I~..L.(:., .. i""E('<:"~,..."-"::..!;:h.t.,:;..¡,j\",,,,,,, , 'Parent-subsidiary relalionship" moans .'¡¡ roblio,',";p that exi,,(s whon ono corporation directly or indir€lGlly owns shams pc)RSiJ5sinq mO1O II"", !in I)"rcént oi the \lnUng power of another corporation.' SeCt Stato and Local Government C"nliict pI Into",sls Act. Va. Code § 2.2-;iI01, ) -Afliliatf3t1 busírmss entity relationship" means 'I re:iltK)n~hir', other than parent-subsidiary rolaUooshlp. that f'.XlSIS ",hem ('J onn I}U$il1()$$ f.Hltity hl;l; a (A"'trolling ownership interest in the olher businn@ entily. (ii) H cnnlro;jnG Owl1()f '" on" entity is also 11 controlling owner in Iho olh"r nntity, or (ifi) Ihem is Ifh""," m;maqmn"nl or controillotwrj(ju the busi"es', "'1t'¡¡es h!!()I:; that "II,IUI<I hi; um"idmed in dulrmninin! th'~ r"i~;tc"Ct' of (In aiU",t.,¡J bin;"".':"; ""t.lY re!nln""Í1'i' include IIm.t the S..fJrne P.'elson or BlIb~\.m..¡tiaIlY Uk.' S..'nrne perSUH.,.".WII.ur .1.1\:1.',1;""" Ii).,' """"'.!". ûnhhüs; IhNO am common or commll'(ferl lund~ or assnh;: 111" b:I:\III""" "11111"", '.t>, .". i Ihe use of the ~mlle olliccs or ()mploye()~ or ollwrwìsc share ;¡Glívjliü$. re:¡Oll(l:"" '" . pf'.rsonnøt on a reqular basis; or Iliere is oUwlwi"" H c!();;e r"'a\:"",;"ip b()tweon tho r,ntitir¡$ S(:('. Slate (lnd local Go'¡omment Conflict Illtere~t5 ¡',ct. Vi' C()de§2.2-3\O1 CERTIFICATION: I certify that the information contained 11<"'ei" is Irue nod ;H""""tr, I undûrstand Ihal. upon receipt of noOk"tion (postcard} thaI Ihe applir:¡\io" "d'; 1,;"." "cheduled lor public homing, I am respon<;ibl{) for ohWininn anti pDslinq Ille r"qui",,) .¡~¡n ,)f1 Ihn sulIJücI property al 1(\aSI :10 days prior to thi\ 8Clli\dtlle<1 public lIum",.., to the iost(uctíons in this p'll~k¡)r"'. P".;,:;,ty 0;""'."'. !;;{]O~'(;U(;¡'};j:ii;;;,;,;ïïì;i~'; ;;i",ï;",-,,)" P;i," '1°"'" Item #3 & 4 Chesapeake Atlantic Development Group, LLC. Change of Zoning District Classification Subdivision Variance East side of Holland Road District 7 Princess Arme August 11, 2004 REGULAR Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I want to remind everyone that we need to adhere to the rules and procedures that were explained to you at the start of the meeting. Please be aware of what other speakers have said. We must insist that redundancy is limited. I would like to turn the meeting over to Mr. Strange who is our secretary. Joseph Strange: Thank you Dot. The first item is Item #3 & 4, Chesapeake Atlantic Development Group, LLC. An Ordinance upon Application of Chesapeake Atlantic Development Group, LLC. for a Change of Zoning District Classification from AG-l & AG-2 Agricultural Districts to R-20 Residential District on property located on the east side of Holland Road approximately 300 feet south of Litchfield Way and an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Chesapeake Atlantic Development Group, LLC. The property is located on the east side of Holland Road approximately 300 feet south of Litchfield Way, District 7 Princess Anne. That is with two conditions. ~ Eddie Bourdon: Thank you Mr. Strange. Madame Chair. For the record, my name is Eddie Bourdon. I'm a Virginia Beach attorney representing the applicants. The principals of the applicants are here with us this afternoon. This is an application that involves a 1.26-acre parcel of land on Holland Road that is currently zoned agriculture. The property is immediately adjacent to and south of the Litchfield Manor subdivision, which is zoned and developed at R-7.5 residential zoning. That's 3Y2 units per acre. Our Comprehensive Land Use Plan recommends this area of Virginia Beach for primary residential area with residential densities consistent with those in Litchfield Manor and in all the other subdivisions that you see up on the PowerPoint to surround this piece of property that is 3Y2 units per acre. To. our south is a regional BMP that was created and is maintained by the City of Virginia Beach for storm water drainage for this entire area. It's a regional BMP. And adjacent to that is St. John's Baptist Church. Given this property's size and location that is surrounded by subdivisions and a church the property is not an agricultural parcel any longer. And agricultural zoning as staffhas indicated probably not the reasonable zoning for this piece of property. The property is configured such that at the frontage along Holland Road is a 154.19 feet in width and it narrows as we proceed away from Holland Road and it has a depth of over 425 feet to get to the acre and a quarter plus. We looked at other options for this piece of property. One of which is zoned is identical to the subdivision that abuts us, which is R- 7.5. And we could do Item #3 & 4 Chesapeake Atlantic Development Group, LLC. Page 2 two lots of75 feet in width with our frontage on Holland Road but for one little problem. At the 30 foot setback the property has narrowed from 154 feet to just under a 149 feet. So we are a little more than a foot short of the necessary frontage because you measure at the 30-foot setback to create two R-7.510ts. That would be two houses setback 30 feet from Holland Road. So we looked at some other alternatives. One would be to put in a street. Now along our southern boundary there is a 20-foot access easement to the City to access and maintain the storm water management BMP that is located on the property south of this. So, we contemplated and we can go for a 40-foot right-of-way, go for R-5 zoning and have lots that are bigger than 5,000 square feet and put in three or four lots along a road coming into the property from Holland Road. But really in looking at the nice attractive homes next to us and looking at the market we have in Virginia Beach today with high end homes, my clients determined that they would be probably more appropriate and clearly we believe more consistent with what exists to our north to do larger lots at R-20 zoning and just do two of them. Less than half the Comprehensive Plan recommended zoning density in this area, less than two units per acre. So, what we proposed and also with R-20 zoning in addition to the larger lots, we have larger setbacks. Fifty foot setback from Holland Road. We won't have any access to Holland Road other than the existing roadway that comes in to serve the BMP. You'll have shared driveway easement so that the two houses will use the existing entrance and only the existing entrance. The homes will be brick homes. They will be expensive homes on these two large lots, $400,000 plus. We felt like it and as obviously staff agrees as well. It's a good proposal. One that is less dense than what is around us and less dense what is recommended in the Comprehensive Plan on a piece of property that is not an agricultural parcel for sure. We understand that there might be some opposition, which is regrettable but would be happy to discuss this with those in opposition if they are here. I did receive a copy of the petition which indicated that there were concerns that the property was designed for one house to drain on Holland Road. I have no clue as to what that is speaking. The property is what the property is and it wasn't designed and it wasn't part of a subdivision. It has been, as it currently exists for quite some time. There is a regional BMP that is adjacent to the property that is designed to provide for storm water drainage for an area much larger than this in the adjoining neighborhoods and it clearly has the capacity given it was designed based on a Comprehensive Plan that calls for 3Y2 units per acre and were half of that. There are no and as staffhas indicated this is a vacant parcel of land. There are no significant environmental features on the property. It is not a wetland, which is kind of alluded to. There are no tree preservation plans with respect to this piece of property in place or have ever been put in place with respect to this property which is also alluded to in the petition. So, again, we're glad to speak to anyone regarding the application. Frankly, we think it's an excellent application and one that is clearly not in anyway trying to cram to many houses on this property, which is what we included trying to put a road in and three or four R-7.5 or R-510ts would do. This keeps it quite open and spacious with large valuable homes. Dorothy Wood: Thank you. ,---'- Item #3 & 4 Chesapeake Atlantic Development Group, LLC. Page 3 Eddie Bourdon: We obviously agree with your Planning staff recommendation for approval of these two applications. Dorothy Wood: Thank you Mr. Bourdon. Would you please answer questions from the Commission members? Eddie Bourdon: Thank you. Dorothy Wood: Ms. Anderson. Janice Anderson: One of the conditions had a right-of-way to A-2. Can you explain what that parcel is? That is not part of the applicant's property. Is that correct? Eddie Bourdon: If we go to the aerial. You see this BMP here in the back access to this regional BMP is via this 20-foot ingress/egress easement which is where our driveway will be and the lot that will actually have frontage on Holland Road will utilize this roadway as will the home in the back. This will probably have two homes setback a minimum and I can assure you it will be setback a lot more than 50 feet but you will have a house basically in this area and a house back in this area. Both of which, along with the BMP will be accessed via this road that you see there. We will probably be making some improvements at the curb on Holland Road to that access. .. Janice Anderson: Okay. So the right-of-way is already there that goes back. Eddie Bourdon: Yes. It's an access easement on our property. It's by easement. It's valid, a court easement, which we have the right to utilize as well. So that will serve as the only access to the two homes that we propose to construct on the property to the north of that roadway as you see there. Janice Anderson: Thank you. Dorothy Wood: Are there any other questions of Mr. Bourdon? Thank you Mr. Bourdon. Eddie Bourdon: Thank you all very much. Dorothy Wood: Is there any opposition? I know there is none signed but is there anyone that has come in opposition? We will open it for discussion. Mr. Knight. Barry Knight: Looks like a logical use for the piece of property. It's consistent with the homes maybe a little less dense. It's going to be in keeping with the quality and with no opposition I make a motion to approve. L-,,- Dorothy Wood: Thank you. Item #3 & 4 Chesapeake Atlantic Development Group, LLC. Page 4 Ronald Ripley: Second. Dorothy Wood: Excuse me. A motion by Mr. Knight and seconded by Mr. Ripley to approve this application. ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER RIPLEY STRANGE WALLER WOOD AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE Ed Weeden: By a vote of 11-0 the applications of Chesapeake Atlantic Development Group, LLc. have been approved. Dorothy Wood: Thank you. '---~- Rug 02 04 01:03p Ed Brubaker 1-757-427-7459 p. 1 ~ I 'O>EYt\ . - :3 August 2, 2004 Carolyn A. K. Smith City of Virginia Beach Department of Planning VIA Fax 757-426-5667 Dear Carolyn. FolJoWing is a petition signed by the homeowners contiguous to 2312 Holland Road opposing the rezoning of said property where Chesapeake Atlantic Development Group, LLC. is seeking to construct two homes on the property. We are still gathering more signatures but we wanted to get to you as soon as possible as there is already work being done on the property clearing debris and trees and bushes. Also, a trench has been dug from the wetlands behind 2364 Utchfield Way draining into the BMP. Sincerely, Concerned Homeowners of Utchfield Manor c:::::::.. Petition summary and background Action petItioned for Printed Name Petition to Oppose Re-Zoning Request Proposed fe-zoning by the Chesapeake Atlantic Development Group, LL.C. of property located at 2312 Holland Road. Reference numbers I12-217-REZ-2004 and I12-217-SVR-2004. We, the undersigned, are concerned dtizens who urge our leaders to act now to oppose the above re-zoning requests. Our Primary concerns are, but not limited to, the following: 1) Drainage of said property Into the LItchfield Manor subdivision property. This property was designed for one house to drain to Holland Road. If the plans were to drain into the BMP It may require the Litchfield Manor Board approval since the BMP connects to the LItchfield Manor BMP. 2) Another multiple vehicle entrance off of Holland Road within a 1/4 mile distance Is a hazard. The roads are already full with the new development currently taking place near Holland and Princess Anne Roads. We believe It would be a safety Issue for the students of Kellam High School. The roads have not kept pace with the current development yet alone more. 3) The wetlands (tidal or non-tidal) behind 2364 Litchfield Way are currently full of water, where will this water go? 4) Wildlife makes this wetland habitat their home. Has an Environmental Impact study been done to see what the Impact would be? 5) Previously, there were trees marked on saId property that were not to be cut down that are now gone. 6) The letter from the proposed builder says the houses will be oomparable to Utchfleld Manor & Princess Anne Quarters. If there Is a house to be built it needs to be at least comparable to the contiguous houses in Litchfield Manor. . Comment Date Moí.. MIAL.:rtPttf/olÖf /4.w.Ji;J4/7 ~ u Zoning History OJ 06/13/83 I Street Closure I Granted ~,;iiÃ.~;., (~} ~'"'"".-" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Jane and Winthrop Short - Subdivision Variance MEETING DATE: September 28, 2004 . Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Jane and Winthrop Short. Property is located at 208 and 210 75th Street (GPINS 24196618650000; 24196618020000). DISTRICT 5 - L YNNHAVEN . Considerations: There is an existing semi-detached dwelling that sits on three small, nonconforming lots. On January 15, 2003, a variance was granted by the Board of Zoning Appeals for setbacks for a proposed second story addition to the semi- detached dwelling. Due to the poor condition of the foundation on the existing structure, it is the intent of the applicant to rebuild the western portion of the structure in lieu of putting the second story addition on the existing semi-detached structure. The existing storage area that connects the western portion of the structure to the eastern portion will be demolished. The eastern portion of the structure will remain as it exists. Since the western and eastern portions will be separated, the dwelling will no longer be classified as "semi-detached" as defined in the City Zoning Ordinance. The two structures will each be considered a detached single-family dwelling. The applicant intends to resubdivide the lots to accommodate the two detached single-family dwellings. The two new lots will have the dimensions listed below. The applicant is improving a non-conforming situation by combining the two westernmost lots into one and widening the eastern lot by 3 feet. Single-family structures are predominant in the immediate surrounding area and this request is seen as reinforcing the neighborhood character. The surrounding neighbors as well as the North End Civic League support this request. The Planning Commission placed this item on the consent agenda because the proposal is compatible with surrounding land use and the subdivision will result in a less non-conforming situation than currently exists. . Recommendations: Jane and Winthrop Short Page 2 of 2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The following note must be added to the final subdivision plat: "This subdivision is approved only for the construction of one single-family dwelling for each lot". 2. The conditions of the Board of Zoning Appeals variance granted on 1/15/03 are incorporated herein by reference. . 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. ~ IC~W1. LO3-213-SVR-2004 JANE AND WINTHROP SHORT Agenda Item # 1 a August 11, 2004 Public Hearing Staff Planner: Barbara Duke The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ..1 .."'...1,.... Location and General Information 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 Property located at 208 & 210 75th Street '( : 2419661865; 2419661802 (two parcels) JOHN & WINTHROP SHORT Agenda Item # 10 Page. 1 ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE: 5-LYNNHAVEN 9,885 square feet One semi-detached dwelling SURROUNDING North: LAND USE AND South: ZONING: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: . Single-Family Dwellings I R-5R Residential District . Single-Family Dwellings I R-5R Residential District . Single-Family Dwellings I R-5R Residential District . Single-Family Dwellings I R-5R Residential District The site includes a single-family attached structure and associated driveways and landscaping. There are some mature live oak trees on the property and the applicant has stated that these will be protected from construction and preserved. The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Existing Lot: There is an existing semi-detached dwelling that sits on three small, nonconforming lots. On January 15, 2003, a variance was granted by the Board of Zoning Appeals for setbacks for a proposed second story addition to the semi-detached dwelling. The zoning variance was granted for the following items: 1. Front yard setback modified to 8.7 feet instead of 20 feet as required for semi-detached dwellings. Side yard setback (west side) to 5.1 feet instead of 10 feet as required for semi-detached dwellings. Side yard setback (west side to 0.5 feet instead of 5 feet as required for a/c units. 2. 3. JOHN & WINTHROP SH(¡DRT Agenda Iteml1 0 Pâge2 4. A variance to zero parking spaces instead of two parking spaces as required. Several conditions were attached to the approval of the variance, as noted below: 1. The proposed addition shall be constructed in substantial adherence with the site plan and rendering that was tendered to the Board as part of the meeting. A covered porch may be allowed and may be a depth of eight (8) feet. The western property line where Parcel B abuts Lot 54 shall be vacated (this requirement eliminates the need for the two side yard setback variances that were applied for). The shed shall comply with the side yard setback. 2. 3. 4. Proposed Lots: Due to the poor condition of the foundation on the existing structure, it is the intent of the applicant to rebuild the western portion of the structure in lieu of putting the second story addition on the existing semi-detached structure. The existing storage area that connects the western portion of the structure to the eastern portion will be demolished. The eastern portion of the structure will remain as it exists. Since the western and eastern portions will be separated, the dwelling will no longer be classified as "semi-detached" as defined in the City Zoning Ordinance. The two structures will each be considered a detached single-family dwelling. The applicant intends to resubdivide the lots to accommodate the two detached single-family dwellings. The two new lots will have the dimensions listed below. Iœm. ~I Lot A-1 Lot B-1 I Lot Width in feet 50 feet I 42.6 feet* 82 feet I Lot Area in square feet 5000 sq ft 3,408 sq ft* 6,717 sq ft Side Yard Setback (west) 8 feet 3 feet* 25 feet Side Yard Setback (east) 8 feet 8 feet 8 feet *Subdivision Variance required JOHN & WINTHROP SH@)RT Agenda Iteml10 Pag~3 Comprehensive Plan The Comprehensive Plan recognizes this area as a stable residential neighborhood within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. B. Strict application of the ordinance would produce undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. C. D. JOHN & WINTHROP SHORT Agenda Item # 10 Page 4 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. Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant is improving a non- conforming situation by combining the two westernmost lots into one and widening the eastern lot by 3 feet. Single-family structures are predominant in the immediate surrounding area and this request is seen as reinforcing the neighborhood character. It is Staff's understanding that the surrounding neighbors as well as the North End Civic League support this request. Staff, therefore, recommends approval of this request, subject to the following conditions. Conditions 1. The following note must be added to the final subdivision plat: "This subdivision is approved only for the construction of one single-family dwelling for each lot", 2. The conditions of the Board of Zoning Appeals variance granted on 1/15/03 are incorporated herein by reference. NOTE: Further conditions may be required during the administration of applicable City Ordinances. JOHN & WINTHROP SHORT Agenda Itemtf10 Page 5 Supplemental Information Zoning History [II 06/13/83 I Street Closure I Granted Public Agency Comments Public Works No comments JOHN & WINTHROP SHORT Agenda Item # 10 Page 6 Public Utilities I There are existing public water connections to both units. I There are existing public sewer connections to both units. I Water: I Sewer: Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. Fire and Rescue: Fire Department requirements will be addressed during buildin code review. JOHN & WINTHROP SHORT Agenda Item #: 10 Page 7 Exhibit A Aerial of Site Location JOHN & WINTHROP SHORT Agenda Item # 10 Page 8 C- o I Z Ro ~ »Z CC-l CDI :3::0 fit 0 ;::;-0 ìJ3C1) (j) I»?'.' ..:I: (Q..:~..:.O CD~::O (Do-l LOT 76 M.8. 170 PG. 10 GPIN If 2419-66-2748 10' ALLEY CLOSED JUNE 23, 1975 204 75TH STREET CONDO MB. 258 PG. 30 GPIN /24/9-66-2825 1/7:>.00' DELAWARE CONDO LOT LOT LOT REMAINDER 0.8. 2626 PG. /406 73 72 71 OF GPIN ¡f 2419-66-1794 MB. 7 PG 124 MB. 7 PG 124 M.B. 7 PG /24 LOT 71 I GPIN jf 2419-66-1725 MB. 1 PG 124 -1- - - - - - --1- - - L - - -L - -L GPIN /2419-66-0781 PROPERTY N/F OWNED BY SHORE REAL TY CORP. MB. 7 PG. 124~ /25.00' 82.40' PARCEL B-1 AREA =6117 so. FT.! (>/11)/"" 1<:::1 , /1,. (J C L ~ -B d," I '<( D,Li ,"c,95 PD, /007 ~ ¡",'>'.-" ,J' ;.,,~,'),f;ic>./'¡('" :::.: 'j '" , u"" Co '" I ~ '-II ~ :I( \tJ 1<: !::J ',,- 13 I r-'- PPROVEO SCREENED PORCH I <::¡ <::¡ <S Q) 42.60' PARCEL A-I AREA=3408 SQ. FT. D.B. 2695 PG. 1007 GPIN ¡f 2419-66-1865 PARCEL 3.0'18.0' 11 -¡ DB 2695 Pc. 1007 . 6PIN ,9-1241966 186'; ß i z...' ¡"':' G .. "{ !:i EXISITING :::.: DWELLING ~ ~ ~ --- ~I <::¡ DRIVEWAY I ..... ! ~l<J :".:". «¡:- c¡;CI: ""')~ PROPOSED LOT LINE =: .... APPROVED DWELLING "I " <{) '-1' "... .. ~; (f; (, '\1- C,- <;1, ", IC1~; ~~ - :> 6. I:. ¿s' ò "'". ò .. .'- ..". '* .. " 0; ;j '" "- ~ 42.60' 57.40' 100.00 ' <::¡ C) I() 25.00' 75TH STREET (R/W VARIES) - - - -- - - - "'-' C) C) I() Q) LOT 55 M.8. 7 Pc. I¿ GPIN # 2419-66 À 0° '\ 0/ OJO "tJ om ">< g::; CD -. a.C'" "tJ - . -en"" D) -. ::IS"m I . DISCLOSURE STATEMENT I APPUéANT OISCLOStJltE If Ihe app'>c¡¡nl 1'\ a corporation, pj¡t1nl,lt1;híp. film, blwmos$. Of mhO! u!\n:orporaIOd orgarïiz"ltion. completo tho folJowing I. Usi!he ápp.'ikanl name followed by (Ì1o rWHO'; oj all otf1cow. momb&rt!. Iru&le¡¡s, P¡¡t1Il1U~. ute. below: (Attach "$1 If f'i)(',(¡$$iJl)'} 2. list an bUf¡inoS1lðs thai hllvo II pnrool,subt.id]¡UY' or a!f¡"allJd bu$inCt$s entity' fØtJtliOO$hi) with tho appl!éant (Altò'h Ji~t .1 "ØC{I5~Myl OJ Chock hero II tM applk:Jlnl is Norn cOIpm!lliOO, pnr!nOrsh!p,lIm\, bu1;!ooss, or ol"er un.loorpoTaled otW\ni¡alion PROP6RTV OWNER DISCLOSURE Ccmp16lolhis ~ only it propmry OlYner is diffr/f(If>llfOllllJþpliCiInl, II Ihll property ownef Is a corponlliOO, parlnor&h'.p, firm. t(SioO~5, or OIhor unir1C<jrþ<>ralf;ld mganlzal\()!'¡, cvmpiotolhe fO!<MIII'J. 1 li!>llho propelt)' owner name lollowwJ oy ,he naio\O$ of an o!fiçem, O1t1moorS, Ii,Moos. port!!",!!, ok" bem",: iAltvfi!lM i/ """","~ry) 2, U!l1 a" bl/5ÍI'IØ$$OS thai have a poh"",,slIb$iQiar¡' 0' nlf¡lint.,d bos'ness øolity" relationship with Ihe ¡¡ppI~~nl\t (AIMdll,sf il nð<:tI5S,1!}') NI\". C- O I 2 S(o ~ »2 (0-1 <1> I =';0 g-O ;::::¡:""U ""U<1>(J) ~3I <1> ,~ 0 ...!....!.;o 00-1 04. C""ck hm,:1 11'<) J'fOp"'!y own.!! is NOT 'j cellP""""_"',, ç.",tn<H$llip, 1m". 1.>\"*"'$8. 01 Mh.lr Ullí"cof¡JOraløtl w9",\ln1iml <"""_'..'...",,o<ø-.,,"" ... II .. I< _..-¡<II"';"" ~ i : ~ i£! ~ ~ þÞ Z 0 ........ CI':J FE Q. I:Q ~ I DIS,£LOSURE STATEMENT I AODITIOHAL DISCLOSURES U!l1 at! known contractors 01 buslnMSßslhol hàV6 Of ""HI >Iovido 5OMco¥ wftll "':¡POC'1 10 Iho roqUQlllod pro~rly UðG, induding bot not lim¡lòd 10 tho provfdo/'$ 01 tln::hhøctUfO! seMen, fOal 081810 8Øl"liCa$, firulncla.t eoNlcos, occountíng II(W'\I\cos. fInd liI941 aoMcOS: (Altach lillill rnlC0II4ðty) ,'."-- --, -- ,- , -P.,enl-1Subllidinry relationship' moans '. rolallonship !tIn1 o_ÍIII.. whlln on.. ÇQlpOfDlion dil'1K:lly 01 IndirOClly own.. thluM poll66ssln9 mOre than SO P&/toht 01 tñ& votlt>g power of anottær COf>tllOUon," S- StAI" And lOGeI Gt>VÐ"""ent Conllk:t of Intf)f&SI~ Act, Va. COde § 2.2-:11 01 1. Affifr.ted bl,llln6&11 entity rol"llooo""p" mø~ns ',¡ /oIlIloo.hlp. I:Ilhlll thon >4ront.'Yb~ry relAliofIshìp. thaI o-isb who" (I) 000 bI¡~W1øs.s onlity hila a ewlrolling ownership INorllsl1r¡ tho Olh61 businøs" entity, (Ii) A oon1tOlllög ownOI in one entity t. AltO;¡ COI1Iroliing tlWY1()r in Iho olher ,mUly, Of (ìfi) thore i. aha/ed rn3"agomenl 01 çonhol bøIwoò/l the 0081".,80 0111111611, I'/leto,.. tl\8t eheuld bo con<lldeted in dolfJrrnmg \too o:ÓSlonC,. 01 8r\ ortll;..,IOO buslòø$S Qt\tily ffllalIorIGt\1p in.;iUd-. !~!at Ihe UInO ponwn or ~ub"'8nti..ny 11\0 $t\rnO porson own or mlìMQO 0", two ",,1iI1....; IMr.. orø common 01 comm¡n9l"Ò !un<15 or "<sOlS; the busin".... unllti... """" Ih" UM 01#1.. name otfk:os or omPloyue. or 0:1\0,,",,$>0 """,'" (k:tNitk>8, r"""""COt> '" per1IOt\net on Ii ragular ba&IS; Of lhøm fa olh",...1$o A clO90 WI><1<tng rotation""p belWClOO tho ontítiee," See Slate and loçal Govornmonl Conflict of IntorMla Act. VA Code § 2,2-3101. Clii:ATII'ICA110N: I certify that tho Inlormation ÇontAinnd heroin Is lrue and OO(U/III". I u!UfOrstctl\<I thai, upon ~ of nohfòcallon (postcArd) thA! tho "Øplk:a!íon has bOOn tdledulo<llOr p\lbIk; MillIng, 1 om tospòôtlbl"fol obl!\ininO and posting thø foquífOÒ sign on' Iho 5Ubi, ,(k:t plöþllrty 4' I l<'.a,,$\30 dey. prior '° the IIÇ, hed, ~ po, ,b!f h?~,ring"" " ~~glo,1 Inlllqf" ínth',pllckago r!;¡i{/t(OP iI. ',1",( ~ Jr, I ," ,-' , -, L/,Ut"""J.A"f"",.,...t1..,', '" "','""L..4:"",'Ø,'::','" t~.,<,~.,l',r': ,>/1/11:) .Ji..,..""c.L, Y!",_t',,~._{ê.~,.C,' >!."".::t.: !1~'O.'}~.I' ,,/i, iì -,,' P~:J"'r"'::' {."'~~ ,,( V .~. /: . /'" I ' <' (., ~ '" '," "", ',-':'- Jul', ',,-, ,j"!1> "",'I""1C'""",-- (1'9"e'"", (if "".""" "'"" -p""<."" ",)0, """" "'..wi""'>" y....",. AtJP'o",",'.>'\ r~1""1 '10~"'" 1, '*,X<\< om en -. >< S'tIJ:¡- - (') -. <OõC" 3 tIJ -. <oc.... ::J ., (") -<0 Item #10 Jane and Winthrop Short Subdivision Variance 208 and 210 75th Street District 5 Lynnhaven August 11, 2004 CONSENT William Din: My next item is Item #10. This is Jane and Winthrop Short. This is an appeal to the decisions in regard to elements of the Subdivision Ordinance by Jane and Winthrop Short on property located at 208 and 210 75th Street in the Lynnhaven District. We1come. Jane Short: Thank you. I'm Jane Short. Good afternoon. I'm a homeowner and the applicant. We have read all the documents and agree to all of the conditions. William Din: There are two conditions stated here. Thank you. Is there any opposition to placing this on consent? If not, Mr. Knight, I believe is going to comment on this one. Barry Knight: Presently, there is an existing semi detached dwelling that sits on three small non-confonning lots. The applicant would like to take the eastern portion of this structure and it will remain, as it exists. The western and eastern portions will be separated. The dwelling will not be classified as semi detached anymore. Basically, what they would like to do is they have one contiguous building there in three lots. They would like to detach them and make two lots with two detached buildings. We feel like that's more in confonnity with what's wanted down in that particular area so we put it on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve Item #10 Jane and Winthrop Short. This is an appeal to the subdivision ordinance for a change in the subdivision ordinance on property located at 208 and 210 75th Street in the Lynnhaven District with two conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. AYE 11 NAY 0 ABSO ABSENT 0 /- ANDERSON CRABTREE DIN HORSLEY KATSIAS KNIGHT MILLER AYE AYE AYE AYE AYE AYE AYE Item #10 Jane and Winthrop Short Page 2 RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. ~ ~ 08/10/2004 09:52 7574224006 FOLCK ~JEST SAVAGE PAGE 01 NORTH VIRGINIA BEACH CIVIC LEAGUE ZONlNG REVIEW COMMITTEE MEMO Members of City Council Plamring Commission Planning Staff City of Virginia Beach , "Tuesday, August 10,2004 Re: Appeals of Decisions of Administrative Officers in regard to certain elements of the Sub-division Ordinance~ Subdivision for, Jane and Winthrop Short property located at 208 $(1210 - 7S&h Street. " The North Virginia Beach Civic League's (NVBCL) Zoning Review Committee haš met and reviewed the site surveys. site plans and merits of the referenced case. We as a civic league are "Net opposed" to this request. . The Committee is not opposed to the applicant's desire to create two single-family homes by " removing the detaching portion of an existing duplex. The applicants provided a letter of approval from aU nearby. 75th sb'eet neighbors. It is the consensus of the ~ttee and the neighbors., that the plans will be an improvement to the street for the following œæons: 1. The house to the west will be significantly improved to the point that it will not likely be demolished fOr many years. The reDOwtîonladditioß plans are in keeping with the scale and style of the surro~g nei¡hborhood. 2. The neighborhood is opposed to duplex development on lots less than 10,000 square feet. Both of the newly created lots will be too small to aJlow future duple]( development. 3. Both of the newly created lots will confonn to current 35% maximum lot coverage figures. --=> Should there be any questions please contact me at 431- "1041. Sincerely, Billy William D. Almond, ASLA Chair, NVBCL Zoning Review Committee Zoning History ŒJ DATE I REQUEST 1 09/23/03 Conditional Use Permit for a church. 2 04/08/03 Conditional Use Permit for additional entrances. 3 07/02/02 Conditional Rezoning from R-5d to Conditional B- 1. Conditional Rezoning from A-12 to B-2. Conditional Use Permit for a church Conditional Use Permit for a gas station, car wash & convenience store. 7 12/12/83 Conditional Use Permit for a car wash. I ACTION Granted Granted Granted 4 04/26/94 5 08/25/92 6 08/08/88 Granted Granted Granted Granted ~iÃ'it;-:,.. r->~'" ",C,;, /:~;,rd"',. .(~) (>-~ : ,,> \~~~Z:;?)J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sair Enterprises - Modification of a Conditional Use Permit MEETING DATE: September 28, 2004 . Background: An Ordinance upon Application of Sair Enterprises for a Modification of a Conditional Use Permit approved by City Council on March 14, 1966 (Harry L. Partridge). Property is located at 6016 Indian River Road (GPIN 1456527902). DISTRICT 1 - CENTERVILLE . Considerations: The Conditional Use Permit allowing the original service station was approved by City Council on March 14, 1966. A second Conditional Use Permit to add a car wash facility was approved by City Council on December 12, 1983. Neither Conditional Use Permit had conditions associated with them. The applicant is proposing to tear down the existing structures on the site and to replace them with a new automobile service station and 2,700 square foot convenience store. The service station will consist of new gas pumps and seven (7) automobile service bays. The use is similar to the existing uses that had been there prior to its current status as a vacant lot. The use is also compatible with the surrounding land uses. The submitted plans show a site layout and building design consistent with the. recommendations found in the Comprehensive Plan. The Planning Commission placed this item on the consent agenda because they concluded the use is appropriate for this site, the use and design is consistent with the Comprehensive Plan, and Staff recommended approval. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The site shall be developed substantially as shown on the submitted site plan entitled "Preliminary Site Plan for Sair Enterprises" prepared by The Spectra Group dated May 27, 2004 which has been exhibited Sair Enterprises Page 2 of 3 to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The exterior of the proposed building shall be substantially as shown on the submitted building elevation entitled "Preliminary Building Plan" prepared by Architectural Studio, PLLC dated 5/30/04 which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. The building shall be constructed of brick and the canopy columns shall be wrapped in brick (as depicted on the elevation). 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; and deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. The canopy lighting shall be low level and recessed. The lumen level shall not exceed 50 lumens under the canopy. Verification, by a pre- approved third party source, such as an electrical engineer, of the lumens level shall be submitted to the Current Planning Division / Planning Evaluation Section of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy. 5. All auto repairs must take place inside the building. 6. No outside storage of equipment, parts or materials shall be permitted. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. There shall be no outside storage or display of tires, other than in a "casing enclosure" for tire reclamation. 9. The dumpster area shall be enclosed with a solid wall to match the building and shall be landscaped in accordance with Section 245(e) of the City Zoning Ordinance. 10. A monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick shall be permitted in accordance with the City Zoning Ordinance and the Site Plan Ordinance. 11. Signage for the canopy shall be allowed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. Sair Enterprises Page 3 of 3 12. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 13.No outdoor vending machines, ice machines/containers, gas (propane) containers, and / or display of merchandise shall be allowed. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. S ubm l!ting Department/Agency: Planning Department ~ C ity Manager:~ ~ ~ 6»<t ...,Þ,A.A,...... ,co \N\A'B . '" ,.~,. Cr... r.::;." .." C.. r~.." ---'" f'C..'" ..'f>..,. (':.:. .. ..r:;.., ('=: :~) .'U.. :::» " .. .."" '.;. ":. :: ~'", .. .'. .. .. "'J ..>. """1 }'J "'~':' .:':>¥"'~ '~""'.J ... .." ,. ' '... ""...~....,..."" BO9-215-MOD-2004 SAIR ENTERPRISES Agenda Item # 11 August 11, 2004 Public Hearing Staff Planner: Karen Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application, REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Modification of a Conditional Use Permit for a service station granted in March of 1966. Property located at 6016 Indian River Road. ,\'fodíf1cJi;OI!£ cd "",,,huon; 14565279020000 1- CENTERVILLE SAIR ENTERPRISES Agenda Item # 11 Page 1 SITE SIZE: 33,310 square feet EXISTING LAND USE: Former service station; currently vacant and zoned B-2 Business District. South: East: West: . Self-storage facility / B-2 Business District . Across Indian River Road is a gas station and convenience store and an office / B-2 Business District . Service station / B-2 Business District . Self-storage facility / B-2 Business District SURROUNDING North: LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. Summary of Proposa The Conditional Use Permit allowing the existing service station was approved by City Council on March 14, 1966. A second Conditional Use Permit for the existing car wash facility was approved by City Council on December 12, 1983. Neither Conditional Use Permit had conditions associated with them. The applicant is proposing to tear down the existing structures on the site and to replace them with an automobile service station and 2,700 square foot convenience store. The service station will consist of new gas pumps and seven (7) automobile service bays. SAIR ENTERPRISES Agenda Item # 11 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. . Compatibility with the surrounding properties. . Consistency with the recommendations of the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan designates this site as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The Primary Residential Area is suitable for appropriately located suburban residential and non- residential uses consistent with the policies of the Comprehensive Plan. Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) This use is similar to the existing uses that had been there prior to its current status as a vacant lot. The use is also compatible with the surrounding land uses. SAIR ENTERPRISES Agenda Item~11 l?ag~3 (2) Staff finds that the submitted plans indicate a site layout and building design consistent with the recommendations found in the Comprehensive Plan. Staff, therefore, recommends approval of this request, subject to the conditions below. Conditions 1. The site shall be developed substantially as shown on the submitted site plan entitled "Preliminary Site Plan for Sair Enterprises" prepared by The Spectra Group dated May 27, 2004 which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The exterior of the proposed building shall be substantially as shown on the submitted building elevation entitled "Preliminary Building Plan" prepared by Architectural Studio, PLLC dated 5/30/04 which has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. The building shall be constructed of brick and the canopy columns shall be wrapped in brick (as depicted on the elevation). 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; and deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 4. The canopy lighting shall be low level and recessed. The lumen level shall not exceed 50 lumens under the canopy. Verification, by a pre-approved third party source, such as an electrical engineer, of the lumens level shall be submitted to the Current Planning Division / Planning Evaluation Section of the City of Virginia Beach Planning Department before the issuance of the Certificate of Occupancy. 5. All auto repairs must take place inside the building. 6. No outside storage of equipment, parts or materials shall be permitted. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 8. There shall be no outside storage or display of tires, other than in a "casing enclosure" for tire reclamation. 9. The dumpster area shall be enclosed with a solid wall to match the building and shall be landscaped in accordance with Section 245(e) of the City Zoning SAIR ENTERPRISES Agenda Item # 11 Page 4 Ordinance. 10.A monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick shall be permitted in accordance with the City Zoning Ordinance and the Site Plan Ordinance. 11. Signage for the canopy shall be allowed in accordance with the City Zoning Ordinance and the Site Plan Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. 12. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles, or any other portion of the site. 13. No outdoor vending machines, ice machines/containers, gas (propane) containers, and / or display of merchandise shall be allowed. 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. SAIR ENTERPRISES Agenda Itemft. 11 Page 5 Supplemental Information Zoning History I ACTION Granted Granted Granted Granted Granted Granted [[J DATE I REQUEST 1 09/23/03 Conditional Use Permit for a church. 2 04/08/03 Conditional Use Permit for additional entrances. 3 07/02/02 Conditional Rezoning from R-5d to Conditional B-1. 4 04/26/94 Conditional Rezoning from A-12 to B-2. 5 08/25/92 Conditional Use Permit for a church 6 08/08/88 Conditional Use Permit for a gas station, car wash & convenience store. 7 12/12/83 Conditional Use Permit for a car wash. Granted SAIR ENTERPRISES Agenda Item # 11 Page 6 Public Agency Comments Public Works Master Transportation Plan (MTP): Indian River Road in the vicinity of this site is a six (6) lane divided major urban arterial. Improvements are not antici ated on this roadwa in the next five ears. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Level of Existing Land Use 2 Service "C" - Indian River 38,358 26,300 AOT ' - 1 ,180 AOT Road AOT' Level of Proposed Land Service "0" - 42,100 AOT' i Use 3 - 2,283 AOT Average Dally Trips 2 as defined by gas station 3 as defined by gas station & convenience store Public Utilities Water: This site has an existing 5/8-inch water meter which may be used or upgraded. There is an 8-inch City water main in Indian River Road frontinQ the site. Sewer: There is an 8-inch City gravity sanitary sewer main in Indian River Road fronting the site. This site is connected to City sanitary sewer. Sanitary sewer and pump station calculations may be required to determine ca acit due to an increase in sewa e flow. Stormwater Stormwater: Water quality and water quantity control shall be provided in accordance with the City of Virginia Beach Public Works Standards and Specifications. The off-site receiving drainage system is to be reviewed to confirm ade uate storm water ca acit . SAIR ENTERPRISES Agenda Item # 11 Page 7 I School: Police: Fire and Rescue: Public Schools I Not applicable. Public Safety The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. Storage of hazardous, flammable or combustible materials on site shall be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. Fire code permits are required at time of occupancy; contact the fire department for permit information. Any additional concerns shall be addresses durin the build in ermit rocess. SAIR ENTERPRISES Agenda Item 11 1 R(!ge..8 Exhibits Exhibit A Aerial of Site Location SAIRENTERPRISES AfiJenda Item # 11 PâfiJe9 ~:;~¡¡ ::,~ , [.c.E ~ ~ ,,~ ,~ d ¡~ ~i ~~~ ~;~~ ?"~ ~~ I ~ n~ ~ d ~~¡~ II ~ :í :.. ~~~. ~ ~~G ~.::, ¡¡ : ~ ~: ~~~ ~ I i ~ t. 3 ~ d~: .~ 5 ~ :. :: ----~-~ ~ ð ""'/;' .r-. ~ . i. .» )&r. .. .,>f> '. - ..~ I ---~-_. .< "'-in ij: ~ . '", :~J i; ~ ~~~ ¡'~~ -- . :< ~ Q: is ~ ;¡: <>:: ~ I "- C ... ~iì' ::::." ~i ~~ ~~ v.¡ 1-- <:> ;§ Q:: '" ~ C? "" ~ '" ~ ~ \::¡ I ~b ,,:: or I ~ Exhibit 8 Proposed Site Plan .". SAIR ENTERPRI.SES Agenda Item#- 11 Page 10 . ..~;-;:;:;:......_-, .,;:,;.;;::;,,-,--¡.----,. --'r:- ,', ! :',' --¡¡...:i i! ;1 i~ :i I!' ¡, In !H 'IIi ;; Œl ~ Iq r-s ~ 'm_""..- _i ~ . \.. ~,.i! i,~rl! II ¡ ; .. .'.f} ~ 11 ,; Ii ~.. ~i ~ ¡¡ ii § i ¡¡ ! .. H . , tj.. .-- . ,....., 0; H . Ir", j ;l.¡ ], ~ il ~ j H ~:t Ii ~.. ,~~ Ii i ! .1 F=--""~'i;Ci-'---'-"-~ oj jl : i : ,i , I ! r -, ,~o! L_- ; --. .J1, I ........--- J :1 Ii Ii il .---..!J -- :~ 'j i! Ii ¡; n H if "' ~,¡ ~'" " II ..;...- ......__.......J. -'~ ¡ i ! -- i .¡.. ~~~ ~,~H.; ..j~ ,.[ ~ ! I! "'~n~ i~~¡;~~ , 1~;¡. . hlt.~. jUii Exhibit C Proposed Building Elevation SAIR ENTERPRISES Agenda Item # 11 Page 11 APPLICANT DISCLOSURE If Ihe applicant IS a "Of!,"'ü:;"'" par\O(>rshlp tinn, bu,mess, Of ot"", un"'ccrpOfatèd ofgßI1Îl3!iol\, comp'ete the !o:lo"""11 1 List the .ppij",mt """'6 lol!c",'"" by !l1O na"~" d ":1 "meers, Inmllbe,s, Irustee. pa,tners, "tc, beb",,' (Alii/:;!' íí.,t If ""',r'f$Saty! - Sa,r EI~l~~, ,,-"&';¡Jii"to:.f'J!,Þj1:,U , '---'--,", -,.".._._--,,_____.m 2 U.t all businessos that have a PJlenl.sut;sid,ary' or ~ft;lialw bus,nes. enlity" wi,'tio!1ship \\ilh Ih", appli""c! (AiMC!' ¡;sl if ""Cl.'ssar.vì . "."..,...1:Þ.lfL ."...". -........"--'---"---------""-"" [ Ch"ck Iwe i' 11", ";>:;1><"",, ,'; NOT d "'YI'W}!"'" pa'lnmshjP. (rrln. buSiness. cr on"" "",""",\.""",°.; ".;'Y"i""~" PROPERTY OWNER DISCLOSURE Ccmpl"fe ¡",s ,W,.,,'" "J"'V ,I """""', ,"'.,,'" ,$ Óff"",,;! fiem <11',,;'C"'l1 If II'" I);C¡'>Glly "."".., ., 'r ""<"""'c", p,."'n"..I"~ fu"i bu""ess. or <,the! uolooorl,ar,Mdo.gam,""", (0:1\,;1<;:0 tho 1»;'°""'9 1 US! !hI> prop"'<ly """Wf """'" fl.\H;)wwt ", -r." "amos of aU offin'Iß. ",","1'1\15 hust.e.. pal.',." e.': b."". (~IL,c¡' ,,,-( d ""œ',"~'J 2 U,t aI! "",inoss.,. that '>1.0 a P""'~I"""";"'y' Of nfl,!i"..d bus""", e;)!tly' re!ntiG",hiPWI!"""'.JI(,",'" i":I,".'".., ,"""""""Y) (j) » ;t>:::O <gm :::JZ a.-I rom ;:<::::0 '"U<D'"U Æl...? ..æ (1)(.~t:.n .....>.--\.m N--\.(j) 0 Ct,.,k he,. ,j ,'" [<'"c,", OIOU'Q' un.!K"'"""",,' 'Nor" ""i"""""'! P""""' "'\'1' '"", ¡",",f'e" '¡7î.;;',;;;,,:¡-~;;j "",i',.' . .! "".'.!,."",.."" , "',,"".' .,' ".;1...' ' z <=> ~ ~ c:....,) ~i ~ Uf":) z <=> ~ E--c ~ ~ ~ (....,;) ~ <:> z C> ~ ~ c.....;> ÞO--( ~ ~ 0 C> ~ ..._~.._..~~ ADDITIONAL DISCLOSURES Usia\! kno\,¡n contraclors or busin",se. that have Of WII! pro',ide SeM"",' Wllh fe.pod to the requeSted pror-'MY LIS., inclu"inn but rd b!Jil.d 1<> !he proVidfifs "I mchiloctura' ~elvl<e$. real eSlale ....lVices, (¡nacti,,1 $.,-,it"'., "cwl1n!111\) serilces. aM ¡û\l3i SOtvloos (Attach lisl if recessary) .-..--- T)]i<~~ga Gre.,c =~rZ:,¡~::.: a\:I:'~~:<;Jb ;":l\l'~'~===~",~~~='~~.,:=-_._..,..-- -.... -.,.... , 'Pare"l SCib.i"w'y ",I,,(oonshi,,' means "" rdali'mslúp Ihal 0"..1<\ """In On", ror¡xx.""n <;,recti;, Of ,,$jH(1CUy ò>"'" .,"".s po~~,,«I"(; """" Hmo 60 1""'(;1\1 0' Ihe vOllng power of anmhor corporal,Of) Se(J ~¡¡al. W\C 10(>,,1 Go......'IHmnl Co"thd (It In!C.."'s Art, Va. Cw" § 2 7.3101 011'0' Ih<1n '\<,," n,¡¡~n, 'a , ¡'j "iX. LuS"","S cç~¡"'lIrn9 o.....ne,,"'p rd"'es\ b 11'" "Ih" 1"""'°" """'Y. \"1 " , :~::~;:;;~%~;,:';:";;~,;;~'~,I'~~;::~I~:';I~~ ~~~,~:~I~':~~:,~~)' ;)~~;~.~I~',~II;!'~:;;~('~;i ctns,"e,ec in dC!""1I""'Y"; tho "Xlst"""" of an aft;:",'"" blls'no" ontity """I"""",p inc¡"de that the ..me per>"" ", substanli."y 1M .ame p.ISC" own or ma""'ae me IwO en!IIi..: U10"3 ""0 COI"""'" ()( comminuled funds", assets, (he business en\íite~ S~3fQ 1M IIil1 of Ii'", 'H""" (¡HI'>';; '" "",pl"F'O' '" m'\el'mOl! share ",,\',it"'". ""D' ,'e", or PO"""""1 on a '.09"'0( b"s,s: or Ih.."" is Qthelw,se "clc"o 'l,or-'-"'9 reía::onsl1:p Iml"""" Um ern,""" . See &1,,1$ I.U'" I..,-"",! Gtm"""']>.",1 Co"th.1 cf ht"""", tv.", Va CM~§ 2 2.3101. CERTIFICATION: I "",IIfy I".,t Ii;" ;"I"""a1"," éD"""'1<',¡ '\(:fe'" i,: 1"'° ar¡;¡ n«I!',M t ",,"elslam! """ ill"'" """,\pl of tIO""cali"" (P"S""""¡ "'at Iho "",,;,"'k'" I,,]C, "n,," scheduled fcr p,rot" "eaoflO. I a'" (esf'C"',b!e for cl'Iau',ing and posting Ih. '"«",red .inn on 1M Ou!:¡'X( P"'I""'Y at loasl 30 doy,. ph '" ",'J $c"oddwf p"I;I'c Iw"",,'; """"I"'."'Y' PI"",,"; ("'",~, "'",,",Iu',' ,, """"",1 """, ,I""",,",,) :;',,;i¡,;;;;;" em en _0 >< S' (f) ::r .... (') - . CÞõC'" 3 (f) -. CÞ c: r+ ~ CiJ C Item #11 Sair Enterprises Modification of a Conditional Use Pennit 6016 Indian River Road District 1 Centerville August 11, 2004 CONSENT William Din: The next item is Item #11 Sair Enterprises. This is an application ofSair Enterprises for a Modification of a Conditional Use Permit for property located at 6016 Indian River Road in the Centerville District. There are thirteen conditions. Edward Herbert: Madame Chainnan and Commissioners, my name is Edward Herbert, architect, City of Virginia Beach. I'm here to represent the owner. He is here also and we accept all thirteen conditions. William Din: Thank you sir. You're welcome. Is there any opposition to placing this on consent? Thank you. If not, Ms. Anderson will be commenting on this one. .- Janice Anderson: Thank you. This was an application for a Modification of a Conditional Use Pennit for a gas station on the site. It is located off of Indian River Road. This site is currently vacant and a fonner gas station. The property is zoned B-2 Business. This site here has been approved as a gas station or a location for gas station since 1966. What the applicant is requesting is to tear down the existing building and canopy and build new facilities at the site for a gas station. It also has the convenience store and service bays. The previous use condition for the gas station had no conditions and this new Use Pennit that we're recommending has 13 conditions. We believe it's an appropriate use in this area and recommend it for approval. William Din: Thank you Jan. I'd like to make a motion to approve Item #11 Sair Enterprises, an application for Modification of a Conditional Use Permit on property located 6016 Indian River Road in the Centerville District with 13 conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON CRABTREE DIN HORSLEY KA TSIAS KNIGHT MILLER AYE AYE AYE AYE AYE AYE AYE Item #11 Sair Enterprises Page 2 RIPLEY STRANGE WALLER WOOD AYE AYE AYE AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. .......- Zoning History n ""t:, n n 0 G I [!] DATE I REQUEST 1 OS/25/04 Conditional Use Permit (motor vehicle sales & service) 2 09/09/03 Change of Zoning (1-1 Industrial District to B-2 Community Business District) Conditional Use Permit (motor vehicle sales & service) 3 03/25/03 Change of Zoning (1-1 Industrial District & B-2 Community Business District to Conditional B-2 Community Business District) Conditional Use Permit (motor vehicle sales) Street Closure Street Closure Conditional Use Permit (motor vehicle sales) Change of Zoning (B-2 Community Business District to 1-1 Industrial District) 7 05/19/86 Conditional Use Permit (auto paint) 8 04/14/86 Change of Zoning (B-2 Community Business District to 1-1 Industrial District) 4 01/28/03 5 12/10/02 6 02/09/87 I ACTION Granted Granted Granted Granted Granted Granted Granted Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Enterprise Rent-A-Car - Conditional Use Permit (motor vehicle rentals) MEETING DATE: September 28, 2004 . Background: An Ordinance upon Application of Enterprise Rent-A-Car for a Conditional Use Permit for motor vehicle rentals on property located at 141 Spruce Street (GPI N 14874364730000). DISTRICT 3 - ROSE HALL . Considerations: The applicant is requesting to operate a motor vehicle rental business within an existing building that is used for motor vehicle repair and bodywork. This site is part of a large motor vehicle sales and repair complex (Hall Auto). The current proposal will offer vehicles for rent such as cars, small to regular size pick-up trucks, vans and sport utility vehicles. No freestanding signage is proposed. The operation will utilize no more than 15 parking spaces for their two (2) employees, leaving 13 spaces for rental vehicles. The parking lot designated for the auto body and repair facility has 58 spaces. There is adequate parking for this proposal and the existing facility and overflow parking, in the event it were ever needed, is also available on the adjacent property that is under the same ownership. The surrounding uses are either auto/motor vehicle related or industrial in nature. The addition of a vehicle rental operation within the existing structure is expected to have negligible impact on surrounding uses and zoning. The Comprehensive Plan recognizes that this area is in need of some redevelopment along Bonney Road, and the establishment of the Hall motor vehicle complex has begun that. The Planning Commission placed this item on the consent agenda because they concluded it is an appropriate and compatible use for this site and the surrounding area. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The Conditions required with the June 5, 2001, approval by City Council of the Conditional Use Permit for the Auto Body Shop and Vehicle Storage Enterprise Rent-A-Car Page 2 of 2 facility shall remain in effect. 2. Motor vehicles available for rent shall be limited to cars, small and regular size pick-up trucks, vans and sport utility vehicles. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. S u bm iltl n g Depa rtmentl Age n crl ann jng De pa rt me n*-- City Manager: ~ . ~~ GO7 -222-CUP-2004 ENTERPRISE RENT-A-CAR Agenda Item # 8 August 11 , 2004 Public Hearing Staff Planner: Carolyn AK. 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. REQUEST: LOCATION: GPIN: COUNCIL ELECTION Location and General Information Modification of Conditions of a Conditional Use Permit granted on June 5, 2001, for motor vehicle repair. The applicant is proposing to add motor vehicle rentals on site. Property located at 141 Spruce Street. 14874364730000 ENTERPRISE RENT-A-CAR Agenda Item # 8 Page 1 DISTRICT: 3 - ROSE HALL SITE SIZE: 3.850 acres EXISTING LAND USE: Motor vehicle repair, consisting primarily of bodywork. SURROUNDING LAND USE AND North: ZONING: South: East: . Auto sales and repair / B-2 Community Business District . 1-264 . Parking lot for motor vehicle sales and repair complex / B-2 Community Business District . Butternut Lane, contractor's storage yard / 1-1 Light Industrial Use West: NATURAL RESOURCE AND CULTURAL FEATURES: This site is almost entirely impervious as it is developed with a motor vehicle repair facility and, therefore, has no significant environmental features. This site is located within the Chesapeake Bay watershed. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant is requesting to operate a motor vehicle rental business within an existing building that is used for motor vehicle repair and bodywork. This site is part of a large motor vehicle sales and repair complex. The current proposal will offer vehicles for rent such as cars, small to regular size pick-up trucks, vans and sport utility vehicles. No freestanding signage is proposed. The operation will utilize no more than 15 parking spaces for their two (2) employees, leaving 13 spaces for rental vehicles. The parking lot designated for the auto body and repair facility has 58 spaces. There is adequate parking for this proposal and the existing facility and overflow parking, in the event it were ever needed, is also available on the adjacent property that is under the same ownership. ENTERPRISE RENT -A-GAR Agenda Item# 8 p~ge 2 City Council granted approval for the repair facility in June of 2001. There were seven (7) conditions of that approval that will remain in effect: 1. All auto repair must take place inside the building. No outside storage of equipment, parts or materials shall be permitted. 2. All overhead doors located on the side of the building facing 1-264 must remain closed except for moving vehicles into and out of the building for service. 3. The vehicle storage area must be surrounded by Category VI landscaping and fencing. The chain link fence shown on the site plan will not be allowed, a solid fence must be used. 4. A 50-foot reservation shall be required along the southern property line adjacent to 1-264 as necessary for improvements related to Rosemont Road and 1-264 interchange. The applicant agreed to relocated the building back another twenty- five (25) or more feet to provide approximately sixty (60) plus feet for the setback in the area from 1-264. 5. The building labeled as "Proposed Body Shop" on the submitted site plan shall be shifted to the north toward the existing Second Street right-ot-way, outside the reservation area required by Condition 4 and all building setbacks required by the City Zoning Ordinance. Redesign of the building to accomplish this shift to the north may be made consistent with Condition 7. 6. The development of the site shall substantially conform with the site plan prepared by MSA, PC, dated May 15, 2000, and annotated "MSA PROJ. #00017A", except for changes necessitated by compliance with these conditions. 7. Architectural design, materials and colors shall conform with the "Conceptual Design for HALL AUTO WORLD COLLISION CENTER", prepared by Burkhart Thomas Architecture/lnterior Design and on tile in the Planning Department, except for changes necessitated by compliance with these conditions. ENTERPRISE .RENT -A-CAR Agenda Item # 8 Page 3 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. . Compatibility and consistency with surrounding uses, zoning and the recommendations of the Comprehensive Plan. . The existence of adequate parking to accommodate the proposed additional business. Comprehensive Plan The Comprehensive Plan identifies this area as within Strategic Growth Area 5, North Rosemont Area and recognizes primarily suburban and commercial land use patterns. "One of the goals of this area is to significantly increase the proportion of residential units and non-retail employment base" (page 73) and does not recommend any industrial uses in this area. It describes protection of existing residential neighborhoods and the introduction of mixed-use development containing perhaps medium to high-rise residential units and high quality, mid-rise office buildings. Staff recommends approval of this request. ENTERPRISE RENT-A-CAR Agenda Item# 8 Page 4 Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The surrounding uses are either auto/motor vehicle related or industrial in nature. The addition of a vehicle rental operation within the existing structure is expected to have negligible impact on surrounding uses and zoning. The Comprehensive Plan recognizes that this area is in need of some redevelopment along Bonney Road, and the establishment of the Hall motor vehicle complex has done just that. Staff does not view this request as having any impact on neighborhoods across the railroad tracks and Virginia Beach Boulevard, nor able to address the desires of additional non-retail development within the Strategic Growth Area. (2) It is likely that the majority of customers will be leaving a car at the existing auto repair/body shop for repairs so parking needs will not be excessive. Only 15 motor vehicles are proposed for rental. As there are 58 spaces in the parking lot, the space issue is adequately addressed for both the existing and future parking needs of employees and customers. Staff, therefore, recommends approval of this request. Conditions 1. The Conditions required with the June 5, 2001, approval by City Council of the Conditional Use Permit for the Auto Body Shop and Vehicle Storage facility shall remain in effect. 2. Motor vehicles available for rent shall be limited to cars, small and regular size pick-up trucks, vans and sport utility vehicles. 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. ENTERPRISE RENT-A-CAR Agenda ItelT) # 8 Page 5 Supplemental Information Zoning History CUP - Auto Rental Modification of Conditions []J DATE I REQUEST 1 OS/25/04 Conditional Use Permit (motor vehicle sales & service) 2 09/09/03 Change of Zoning (1-1 Industrial District to B-2 Community Business District) Conditional Use Permit (motor vehicle sales & service) I ACTION Granted Granted ENTERPRISE RENT -A-CAR Agenda Item# 8 Page 6 3 03/25/03 4 01 /28/03 5 12/10/02 6 02/09/87 7 05/19/86 8 04/14/86 Change of Zoning (1-1 Industrial District & B-2 Community Business District to Conditional B-2 Community Business District) Conditional Use Permit (motor vehicle sales) Street Closure Street Closure Conditional Use Permit (motor vehicle sales) Change of Zoning (B-2 Community Business District to 1- 1 I ndustrial District) Conditional Use Permit (auto paint) Change of Zoning (B-2 Community Business District to 1- 1 Industrial District) Granted Granted Granted Granted Granted Granted Public Agency Comments Public Works Master Transportation Plan (MTP): Bonney Road in the vicinity of this site is a four (4) lane undivided urban arterial. It is shown on the MTP as an undivided facility with a 70-foot wide right-of-way. VDOT is in the process of conducting a comprehensive corridor study of 1-264, which will involve improvements to the Rosemont Road/I-264 interchange. The Department of Public Works is evaluating the relocation of Bonney Road as part of this study. The current Public Works concept for relocated Bonney Road will impact this site. This concept and these improvements are in the preliminary stages of discussion and design. As the existing building where this rental operation will be housed is already constructed, there will not be any conflicts due to this request. The only future, potential conflict with the preliminary alignment and the existing improvements is where there is some existing pavement for parking on the southwest corner of the property, located within the proposed right-of-way of Bonney Road relocated. ENTERPRISE RENT-A-CAR Agenda Item:# 8 Page 7 Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity The difference between the traffic Bonney Road 16,588 22,800 generated by the ADT1 ADT1 existing and proposed land uses is neÇJliÇJible. Average Dally Trips Public Utilities Water & Sewer: City water and sewer are currently serving the site. I Police: Public Safety The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strate ies as the ertain to this site. I Fire and Rescue: I Adequate - no additional comments. ENTERPRISERENT -A-GAR Agenda Iteni:#8 Pag~8 Exhibits Exhibit A Aerial of Site Location ENTERPRISE RENT-A-CAR Agenda Item # 8 Page 9 m z ~ m ::0 "1J ::0 »cn <om eD::O ::Jm g-z ~-~ v_, IDeD» <03' CD .... 0 ......~» o<x>::O i I I i I {~~"> ,-. uu- ~..., ~. J $> ',1 ~ - :-<"i '-" Ii. . . /-.,¡i trIoØSfA'It '/1 }N£ .p1 ßoUHD m ~rm CDO>< ., 0 ::r ~ ID -. iii' ~ C" CD 0 -. 'J) ::J r+ -, 0 ;;- :::I 9.. m m z -i m ::u -0 ::u »(1) earn CD::U :3m g-z -o--i w ..... I eaCD» en~~ ~ . 0 ~~» ~oo::U Ú../ <..~¡, /. ~".U)-lr " uP ,,>rt DISCLOSURE ST A TEME APPLICANT DISCLOSURE ¡" ;1 corpurahnt1 p;Htnf'f~,hlp. finn, IHn!m'g~;, m nnn.'f unn(orporatf'd cc>!npiÜIi,1 Hie Us! the &!>piJUH1t n>lmfJ ele. bolnw r;~ttacl' II';! If HI" /. l.,~;t ali bü"in(:ù¡ws that have a ¡hat haw} a pment.g"bgi(H,w/ or "mlmled lJusinü!;s finny" roli1lionship with the ilPplìcant {Alli/dlllSl if !t(!(;()SS/;,}<'} 0 Check here If tho applicant J$ NOr a corporation. partnclSh¡p, finn, bU1;UteS&, or fitiwr unineorpt)(¿HCd orqanm.hon PROPERTY OWNER DISCLOSURE Cdm!,!,'!" 11/18 s, :If<m ,'n!y If!",,¡,,"!!.\, O"""" if¡ diffemn! [mill ilpplinwf If II", p')l.".ny '»'m", I'; ,! c-,,!,o, """". plitt""";Îitp. '"'" bu!;¡",,~'>. '" oU"èr un'n',;(¡q,'}'Htdd (>(\1,\1,,//11"'" ',. ".,.I..1e' rhi: !o!low"'!J Ust thz> p"'I""'ly "WIIU ",inh:, h.,i'u'm.'Ú hy U1(> IhIl11'-'S of ,ii, OH¡<;i:iS, rneinbd", trU$tC(;$. pI)(\m"", ete Ii"";,': , ¡lVI! havo a piHÜnh;\I¡¡gidmry' or af!¡!f<1led 1"1,,1[10&:; "i!;I",;",' {Alfi/çll Ii;;( II !)(!COSSflfYJ [J Chüc~.I1Crelf¡;",p!')Pi"ji ':: "";NOrdcoq:mat¡(JILp;\I¡,,us¡-'ip.f¡rin .'.iSil,Ø"S, or !i1hi.'(',"1HIUliV"":"¡' "I.!' ',¡I!On DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES 1..,;1 <Ill ¡mow,! Cl,ntradors or bus¡né'~.s(:'; thilt have u 'i.,,; ¡ii, ,:de"" ~,C(;" Wilh In am IC(!(¡ü-,ted propc¡¡ty (;O;U. :ndud"'\1 but WJ! Im!!(¡;¡1 to Ii", iHùv.cJe,$ 01 aiel! ';"""(:<',;l<1d ¡cU'\; :""'II(;(i~ (/\ttdch I>';t I' n(¡¡:e\¡sary) 1 "Pamnt,su(¡sithiHj' relationsbip' mean!> ' ;¡ relCltionslup thai ('Xlstr> wl1QII onl' COlPOf;1\!O'1 IhtetUy or inmr",'.tly owns $!>;I'I)$ P°';';(H!\II'P more than 50 ¡JefC"'" 01 'he \JoHn;) pöW€t c1l ~íI\ûlhet cùrporahon $00 Sbtc alii! LutHi G!Nemmenl Conf¡¡ç[ ot nt"ì,~~;,t5 Act Va Code § 22.'}1o1 ¿'Athli¡.,~j bU51nüss (¡otity teii1tlon~hìo" nwanS';I iOh\Ìiütl,d,lp. oih¡;f Ihim p.\ri:nt.i;ubi>iiJi;uy rúíah()f,~,hp !hilt "",',g Wied! ¡it c:¡W I)¡¡&;¡,¡'s!, ('nitty Ii'!>' iI controlling ownërshlp 111!e!est ill thé oll1er 011$11""$$ ,)n:,ly, (iI) a u,,",e one I'ntity Is ,H$o a (;wWd!!!'9 owoer ;" tl1u On"'f """IV, or (U¡ thme ,~ It '>r ç<)!)\ioi b"i,'",,"" 0". 1""';:11""'; "i""">" F,K."~") thaI ô¡}¡,»¡fd "., H, di('C;¡¡"",nq Uk ¡,.<"sh,nc", or ,H! "ihh:¡h',d Ii..""""", ",,\>t)' """,h"',,;,,, liic:odè that the: i,.,Hnu p",¡,;c,n >JI ""b,;!;¡n\;ally !h, ".",)1, P",,¡{)f) own ,), ,,)¡ur..<!,~' Ii< :..iO coh,,<», the.... are co"Hnon ")r c()m::Ülto,tid funds Of ",;~cis. tli" IL""wss (lI,t""", ;','"H', th<> tl50 (If tho $al11<è eHilA"" (}f employü...:, Of OHI,HWlSt, ~.hare ar.ti\1I!"'S resc,w;es or ,Ion" b,"""L '" lh'm.' "; ülh""w¡,," i.! cloSf: workin¡¡ ,,-,h!""\~.hp ¡he'S"" SraU, "",d '.;"Y...jtf!inm1t r:>:nfLu of Intc"o:,\,; ii,d V... Code§;~2<JIO1 CERTIFICATION: I cm1o!y that tht! IItfOllnaÍiun Ci.H1!dl"(,,J ¡"""", ¡.¡ ¡!I¡" ;mil ;hJ.I""'" I w¡dmstand that. upon ¡¡;¡x:ipt of notif¡çti!íon ¡pü$tCi1ftj) tl1<'11 Ow ópphralion has h<;)n sçhnduletl tor IJOItJhG hëa';"9 I ail! ,,"¡pon~"b¡ü tor )rH{ posllnq III', "¡IIn on the "U!;!""t prOi>':!", '11 :":1:;\ :V¡ diiYi' P',,)! :i' tho nuL" ( th,s p,""'!.!" "", ,:', om en -. >< ¡-tn:J" - n -. ()õC" 3 rn -. () C ,.... 3. ø (") Item #8 Enterprise Rent-a-Car Conditional Use Permit 141 Spruce Street District 3 Rose Hall August 11, 2004 CONSENT William Din: My next item is Item #8 Enterprise Rent-a-Car. This is an application of Enterprise Rent-a-Car for a Conditional Use Permit for motor vehicle rentals on property located at 141 Spruce Street in the Rose Hall District. John Fig: My name is John Fig and I'm a regional manager for Enterprise. We've read the conditions and agree to them. William Din: There are two conditions. Is there any opposition to placing this on consent? If not, Mr. Knight is going to comment on this one. .......... Barry Knight: The applicant is requesting to put a motor vehicle rental business within . an existing building that's used for motor vehicle repair and body work. It seems to us like it's a fair compliment to the business. There is already a business there. If you come in there to get your car worked on or some bodywork done, you have access to a rental concern. You can see a picture of it there. So, we felt like it's an appropriate use of the land so we placed in on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve Item #8 Enterprise Rent-a-Car, an application for a Conditional Use Permit for motor vehicle rentals at 141 Spruce Street in the Rose Hall District with two conditions. Dorothy Wood: Thank you sir. Do I have a second? Mr. Knight seconded it. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the consent item has been approved by the Board. N. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD P ARKS AND RECREATION COMMISSION PUBLIC LffiRARY BOARD RESORT ADVISORY COMMISSION - RAC REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD o. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNAMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 09/14/2004 D C M R C A W PAGE: 1 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D I CITY COUNCIL BRIEFING: A Nancy A. Creech, KING NEPTUNE STATUE President, Neptune Festival II CITY MANAGER'S BRIEFING: A TREE REMOVAL ORDINANCE Wade Kyle, Waste Management Administrator III/IV N / CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y VIlE F MINUTES APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y INFORMAUFORMAL SESSIONS 09/07/04 ADDED Resolution re development rights on properties affected by Navy's OPNA V instruction ADDED TO 10-0 A Y Y Y Y Y Y Y Y Y Y 11010.3GB RESOLUTIONS III Resolutions re design/r-o-w acquisition of ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Princess Anne Rd projects: CONSENT a. Phase IV Dam Neck Rd to Ninmo Pkwy b. Phase V Holland Rd to General Booth Blvd 2 Resolution to increase membership of ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y HISTORICAL REVIEW BOARD CONSENT 3 Ordinance to AUTHORIZE policy to ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y allow PUBLIC COMMENT on non- CONSENT agenda items effective the first meeting in October/each first meeting thereafter for trial period of 6 months/will not be televised. 4 L YNNHA VEN RIVER ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y ENVIRONMENTAL RESTORATION CONSENT STUDY: a ESTABLISH a capital project b APPROPRIATE $450,000 ÍÌ"crn Stonnwater Management UtilityEnterprise fund c AUTHORIZE cost share agreement with U.S. ARMY CORPS of ENGINEERS CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 M B L DATE: 09/14/2004 C E S L D C M R C A W PAGE: 2 1 D J L A N R H N I E Y 0 A D D E M U L W AGENDA Z N N D 0 E I E S ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 0 L R S N X F E T A N 0 5 Ordinance to AUTHORIZE ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y encroachment for CHARLIE I CINDY CONSENT PINCUS re fence in City's r-o-w at 621 Bushnell Circle (DISTRICT 6 BEACH) 6 Ordinance to ACCEPT ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y IAPPROPRIATE $48,000 frem CONSENT Homeland Security to Fire re FEMA team security at Democratic 1 Republican National Conventions ADDED Resolution re development rights on ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y properties affected by Navy's OPNA V CONSENT instruction 11010.36b J/l ~ to § 4.4(b) of Subdivision APPROVED, BY 8-2 A Y Y Y Y N Y N Y Y Y Ordinance that all lots meet CZO for CONSENT RICHARD RIGGS to exclude floodplain areas/special restrictions lot area 1 width (DISTRICT 7 - PRINCESS ANNE) 2 COLONIAL BAPTIST CHURCH APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y CUP:church (expansion) at 2221 Centerville CONDITIONED, Turnpike BY CONSENT (DISTRICT 1 - CENTERVILLE) 3 HERTZ LOCAL EDITION g;,æ; APPROVEDI 10-0 A Y Y Y Y Y Y Y Y Y Y CONDITIONED, Motor vehicle rentals at 3205 VB Blvd BY CONSENT a (DISTRICT 3 - ROSE HALL) b Motor vehicle rentals at 5476 VB Blvd (DISTRICT 2 - KEMPSVILLE) 4 JONATHAN R. KING CUP: home APPROVEDI 6-4 A Y N N Y N Y N Y Y Y occupation (firearm sales) at 224 Gatewood CONDITIONS Ave REVISED (DISTRICT 6 - BEACH) 5 THOMAS RITCIDE, FINE EDGE APPROVEDI 9-1 A Y Y N Y Y Y Y Y Y Y LAWN & LAND, INC- CUP: bulk CONDITIONED, storage at 400 First Colonial Rd BY CONSENT (DISTRICT 6 - BEACH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L C E S L DATE: 09/14/2004 D C M R C A W PAGE: 3 I D J L A N R H N I E Y 0 A D D E M U L W AGENDA 2 N N D 0 E I E S 0 ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0 L R S N X F E T A N D 6 VIRGINIA BEACH COMMUNITY APPROVED/ IO.{) A Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION CONDITIONED, (VBCDC), CUP: Facility for the BY CONSENT Disabled at West Neck / North Landing Rds (DISTRICT 7 - PRINCESS ANNE) 7 DR. JOHNNY'S APPLIANCES MODIFIED AS 1O'{) A Y Y Y Y Y Y Y Y Y Y Modification of Proffers: Conditional PROFFERED, BY CO2 from AG-2 to Conditional B-2 AGREEMENT (approved 1/25/1994), (Harold Dean 7/26/04, BY Flora, Sr. / Mary Ellen Flora) for a sign at CONSENT 1941 General Booth Blvd (DISTRICT 7 - PRINCESS ANNE) 8 ESI PROPERTIES II, L.L.C. / MODIFIED 10.{) A Y Y Y Y Y Y Y Y Y Y KAMAREK PROPERTY II, L.L.c. PROFFER NO I, Modification ofProfers re Conditional BY CONSENT CO2 from 0-2 to 1-1 (approved on 7/9/1996), (Eectronic Systems, Inc.) re reduction in sq footage at Expressway / Edwin Drive (DISTRICT 3 - ROSE HALL) 9 WOMACK CHAPPELL, L.L.c. flk/a Linda MODIFIED AS IO.{) A Y Y Y Y Y Y Y Y Y Y T. Chappen Modification of Conditions re PROFFERED, BY Conditional CO2 from AG-l to 1-1 AGREEMENT (approved 5/14/2002), (Unda T. Chappell) re DATED 4/30/04, side yard setback at 2599 Dam Neck Rd BY CONSENT (DISTRICT 6 - BEACH) K. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BICYCLE & TRAILS ADVISORY COMM HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PUBLIC LIBRARY BOARD REVIEW 1 ALLOCATION COMM (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD UMIN ADJOURNMENT 7:32 PM