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OCTOBER 26, 2004 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I 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 .LAMES L. WOOD, Lynnhaven -District S CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY A7-IORNEY - LESLIE L. LILLEY 0TY CLERK - RUTH HODGES SMITH, MMC 26 OCTOBER 2004 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E- MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING Conference Room 3:00PM II A. FIRST CLASS RESORT Charles Meyer, Chief Operating Officer Steve Thompson, Chief Financial Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 4:30 PM 11 V. FORMAL SESSION 6:00PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Christopher Brown Pastor, East Coast Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. FY 2005 CAPITAL BUDGET AMENDMENT $2,250,000 — Little Neck Point Sewer Improvements I. PUBLIC COMMENT 1. OLD BEACH DISTRICT MASTER PLAN J. CONSENT AGENDA October 12, 2004 K. ORDINANCES 1. Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements". 2. Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and Other Wheeled Devices: a. REPEAL § § 6-9 through 6-11 and REENACT same in Chapter 7 b. AMEND Chapter 7 re definitions, age, other requirements for use and violations c. AMEND § § 21-2, 21-231, 21-23 7, 21-259, 21-312, 21-440.2 and 21-464 re duplicate provisions; add low -speed vehicles, parking of wheeled devices and licensing at DMV d. AMEND §§ 27-24 and 27-25 re disposal of bicycles and other lost wheeled property Ordinance to APPROPRIATE $155,122 EXCESS Community Development Block Grant (CDBG) funds, $88,085 HOME Investment Partnership Program income earned in FY 2003-2004 and TRANSFER $633,786 in CDBG and $190,927 in HOME funding within the Department of Housing FY 2004-05 Operating Budget. 4. Ordinances to ACCEPT from the Department of Justice and APPROPRIATE to the FY 2004-05 Budgets of the Commonwealth's Attorney and the Police Department: a. $99,901 re prosecution of gun crime b. $944,668 re prosecution of domestic violence cases L. PLANNING 1. Application of GREGORY F. and CHRISTIE L. HARRIS for discontinuance, closure and abandonment of a portion of an alley and incorporate this area into their lot at 809 Vanderbilt Avenue south of Maryland Avenue. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 2. Application of SUNKIST FARRELLI (ASH) for replacement of allonconforming Use Duplex at 305 26'/2 Street. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. Applications of O.B.F.P., INC. at 700 South Birdneck Road. (DISTRICT 6 — BEACH) a. MODIFICATIONofConditions re a Conditional Use Permit, (approved by City Council on June 23, 1986 in behalf of Aqua Sports, Inc.) to remove the rezoned area at the entrance into Ocean Breeze Festival Park b. Change ofZonina District Classification from A-12 Apartment to I-1 Light Industrial re Office Park c. Conditional Use Permit for a bulk storage yard for recreational vehicles and boats RECOMMENDATION: 4. Application of FUNCTIONAL DEFENSIVE CONCEPTS, INC., dba LINXX ACADEMY for a Change o Zoning from 0-2 Office to Conditional B-2 Community Business re Martial Arts School at 1320 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL M. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION TOWING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED — August 2004 P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 10/26/04st www.vbgov.com CITY MANAGER'S BRIEFING Conference Room 3:00PM A. FIRST CLASS RESORT Charles Meyer, Chief Operating Officer Steve Thompson, Chief Financial Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 4:30 PM V. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Christopher Brown Pastor, East Coast Baptist Church 6:00PM C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS October 12, 2004 G. AGENDA FOR FORMAL SESSION �Vr W Of- OUR NAW) CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. q 12148659 _ Date ` 10/12/2004 Time 12:30 PM NOTICE OF PUBLIC HEARING Amendment of FY 2005Capital Budget Appropriation Ordinance: Appropriation of $2,260,000 to Capital Project #6.030, Little Neck Point Sewer Improvements - 61% Program On October 26, 2004, the Council of the City of Virginia Beach, Vir- ginia will hold a Public Hearing on an amendment to the FY 2005 Capi- tal Budget. The proposed supplemental appropriation of $2,250,000 to the Little Neck Point Sewer Improvements - 51% Program project (CIP #6,030) is needed to complete the project and provide sanitary sewer to replace failing septic systems in the Little Neck peninsula, north of Michaelwood Drive, and prevent future health hazards. The additional costs will be funded through an appropriation from the Water and Sewer Fund Retained Earnings and will not require an increase in water or sanitary sewer rates. The Public Hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. A copy of the proposed amendment shall be avail- able in the City Clerk's office for review. Interested persons may appear at such time and place and present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's Office at 427-4303. If you are physically or visually disabled and need assistance at this meeting, please call 427-4303. Hearing impaired please call Virginia Relay Center at 1-800-82&1120. Ruth Hodges Smith, MMC Beacon Oct. 17, 2004 12148659 CONSENT AGENDA K. ORDINANCES Ordinance to APPROPRIATE $2,250,000 Water and Sewer Fund retained earnings to Capital Project "Little Neck Point Sewer Improvements". 2. Ordinances to AMEND the City Code re Electric and Gas Powered Bicycles and Other Wheeled Devices: a. REPEAL §§ 6-9 through 6-11 and REENACT same in Chapter 7 b. AMEND Chapter 7 re definitions, age, other requirements for use and violations c. AMEND §§ 21-2, 21-231, 21-237, 21-259, 21-312, 21-440.2 and 21-464 re duplicate provisions; add low -speed vehicles, parking of wheeled devices and licensing at DMV d. AMEND §§ 27-24 and 27-25 re disposal of bicycles and other lost wheeled property 3. Ordinance to APPROPRIATE $155,122 EXCESS Community Development Block Grant (CDBG) funds, $88,085 HOME Investment Partnership Program income earned in FY 2003- 2004 and TRANSFER $633,786 in CDBG and $190,927 in HOME funding within the Department of Housing FY 2004-05 Operating Budget. 4. Ordinances to ACCEPT from the Department of Justice and APPROPRIATE to the FY 2004-05 Budgets of the Commonwealth's Attorney and the Police Department: a. $99,901 re prosecution of gun crime b. $944,668 re prosecution of domestic violence cases 1 LAB CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Appropriate Earnings to Capital Project 51 % Program" MEETING DATE: October 26, 2004 $2,250,000 of Water and Sewer Fund Retained #6-030, "Little Neck Point Sewer Improvements — Background: This project first appeared in the FY 1992-93 CIP. Bids were opened on August 18, 2004 for the sanitary sewer pipeline work. The low bid amount was $4,859,005; however, the funds remaining in the CIP budget total only $4,781,000. A vacuum pump station, land acquisition, repaving, and other miscellaneous items also need to be funded. The Department of Public Utilities estimates that $2,250,000 is required to complete the project. The shortfall is the result of a very poor bidding climate and significant increases in material costs. This will increase the total appropriations for CIP# 6-030 from $6,020,000 to $8,270,000. Considerations: This project is located in the Lynnhaven River watershed and will eliminate 320 septic tanks. This project supports the Council's Lynnhaven River cleanup goal and the Lynnhaven 2007 Initiative. There are also a number of properties (10-15) in which the septic fields are failing, or that construction is being delayed pending the completion of the project. Public Information: The two civic associations in the Little Neck area were briefed September 13, 2004, on the progress of this project and the current status of funds. There is an expectation on the part of the community that this project would be completed by the fall of 2005. A public hearing was held this date, given that the cost of this agenda item is over 1 % of the adopted FY 04-05 capital budget. Also, this agenda item will be advertised as part of the Council's agenda. Alternatives: There are two alternatives: 1) transfer $2,250,000 from Retained Earnings to CIP #6-030, and finish the project on schedule, and 2) negotiate with the low bidder to reduce the scope of the pipeline work. The work could be split into two phases. Phase I would begin now and the pump station advertised later this year. Public Utilities would then advertise Phase II of the pipeline work in May 2005, and award that work in early July 2005, when FY 2006 funds are available. The overall project completion date for this alternative would be March 2006, a delay of six months. Recommendations: Transfers from Retained Earnings are a regular component of financing the Water and Sanitary Sewer CIP, and would be used to fund this project even if it were carried over to FY 2006. Therefore, we recommend that $2,250,000 be transferred from Retained Earnings to the CIP #6-030, Little Neck Point Sanitary Sewer Improvements — 51% Program, so the project will be completed on schedule. Attachments: Project Map, Ordinance Recommended Action: Approval Submitting Department/Agency: Public Utilities City Manager: C�� C 1 AN ORDINANCE TO APPROPRIATE $2,250,000 OF 2 WATER AND SEWER FUND RETAINED EARNINGS TO 3 CAPITAL PROJECT #6-030, "LITTLE NECK POINT 4 SEWER IMPROVEMENTS - 51% PROGRAM" 5 WHEREAS, based on bid costs for construction of the sanitary 6 sewer pipeline work for the Little Neck Point Sewer project, an 7 additional $2,250,000 must be appropriated to CIP project #6-030, 8 "Little Neck Point Sewer Improvements - 51% Program" to cover the 9 additional construction costs. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That $2,250,000 of Retained Earnings in the Water and Sewer 13 Fund is hereby appropriated to CIP project #6-030, "Little Neck 14 Point Sewer Improvements - 51% Program" in the FY 2004-05 Capital 15 Budget, with estimated revenue increased accordingly. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia, on the day of , 2004. Approved as to Content: bW Ul1Y (� . Management Services CA9390 H/ords/Little Neck Sewer October 29, 2004 R-2 APPROVED AS TO LEGAL SUFFICIENCY: IzAe't� S-1-7 a_-,em-4, -, City Attorne Office M �i NOTICE OF PUBLIC HEARING Amendment of FY 2005Capital Budget Appropriation Ordinance: Appropriation of $2,250,000 for Capital Project #6-030 Little Neck Point Sewer Improvements — 51 % Program On October 26, 2004, the Council of the City of Virginia Beach, Virginia will hold a public hearing on an amendment to the FY 2005 Capital Budget. The proposed supplemental appropriation of $2,250,000 for Little Neck Point Sewer Improvements — 51 % Program (CIP #6-030) is needed to complete the project to provide sanitary sewer to replace failing septic systems in the Little Neck peninsula, north of Michaelwood Drive, and prevent future health hazards. The additional costs will be funded through an appropriation from the Water and Sewer Fund Retained Earnings and will not require an increase in water or sanitary sewer rates. The public hearing will be conducted at 6:00 p.m. in Council Chamber on the second floor of the City Hall Building, Municipal Center, Virginia Beach, Virginia. A copy of the proposed amendment shall be available in the City Clerk's office for review. Interested persons may appear at such time and place and present their views. Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's Office at 427-4303. If you are physically disabled or hearing or visually impaired and need assistance at this meeting, please call 427- 4305 Voice/TDD. Ruth Hodges Smith, MMC Note: 1. Advertisement to appear in the Beacon on: Sunday October 17, 2004 2. Cost of public notice to be charged to project #6-030. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances to Amend Chapters 6, 7, 21 and 27 of the City Code Pertaining to Bicycles and Other Wheeled Devices MEETING DATE: October 26, 2004 ■ Background: The Virginia General Assembly has enacted new State Code provisions to regulate "Segways," pocket bikes and other wheeled devices. Efforts to revise the City Code to address the state changes and enforcement issues cited by the Police Department and Convention & Visitors Bureau prompted a comprehensive review of Chapters 6, 7, 21 and 27 of the City Code. ■ Considerations: The changes proposed in the ordinances attached hereto are as follows: Sections 6-9, 6-10 and 6-11 found in Chapter 6 dealing with beaches and waterways are repealed and reenacted in Chapter 7 which governs bicycles and other wheeled devices. This change eliminates duplicate provisions found in both Chapters 6 and 7. 2. The major changes to Chapter 7 are summarized as follows: a. State Code definitions for all -terrain vehicles, electric personal assistive mobility devices (e.g. "Segway"), low -speed vehicles, golf carts, wheelchairs and wheelchair conveyances have been added. b. Two catch-all definitions, "electric -powered wheeled devices" and "gas - powered wheeled devices," have been added to encompass all motorized wheeled devices regardless of trade name. c. The classifications of such wheeled devices and vehicles have been added to the provisions in Chapter 7 to be consistent with State Code amendments. d. Electric -powered wheeled devices are regulated in the same manner as electric power -assisted bicycles. Accordingly, the operation of these devices are subject to an age limitation, [?14 unless supervised by an adult] and safety equipment requirements [helmets for children under 14] in accordance with State Code provisions. e. Gas -powered wheeled devices are regulated in the same manner as mopeds. Accordingly, the operation of these devices are subject to an age limitation L16] and safety equipment requirements [face shield, goggles, or safety glass or windshield and helmet]. f. All provisions pertaining to equipment have been grouped together. Similarly, all provisions governing the operation of these wheeled devices and vehicles have been grouped together. g. Regulations governing the operation of these wheeled devices and vehicles in the Resort Area or during the Resort Season are found in Sections 7-59.1 through 7-59.4. h. New State Code requirements governing golf carts are found in Sections 7-65 through 7-68. 3. Revisions to Chapter 21 eliminate duplicate provisions already found in Chapter 7, add low -speed vehicles to the cruising provisions of Section 21-259 and add a provision in Section 21-440.4 prohibiting the parking of all wheeled devices and vehicles on any street located in a designated residential permit parking area. 4. The additional classifications of wheeled devices and vehicles were added to Sections 27-24 and 27-25 to facilitate the disposal of such wheeled devices and vehicles by the Police Department. Placing all provisions dealing with bicycles and other wheeled devices and vehicles in Chapter 7 will facilitate enforcement and give clearer guidance to citizens and visitors as to the operation of these vehicles in the Resort Area and throughout the City. ■ Public Information: Notice of these ordinances will be handled through the normal agenda process. ■ Recommendations: Approve the Ordinances to amend City Code Chapters 6, 7, 21, and 27. Attachments: Ordinances, CVB Position Paper Recommended Action: Approval Submitting Department/Agency: Po ice and Convention & Visitors Bureau City Manager: " C. Date: 6/7/04 Position Paper on Motorized Vehicles in the Resort Area INTRODUCTION The recent introduction of new modes of personal transportation such as Segways and Electric Motor Scooters has created interest from citizens and rental companies to operate these on the Bike Path and surrounding areas in the resort. In response to questions raised by City Councilman Richard Maddox, a staff committee comprised of representatives from Zoning, Police, and Resort Management assembled to evaluate the potential future use of these vehicles. Listed below is the committee's position and findings. POSITION The committee strongly recommends maintaining and enforcing the existing ordinances prohibiting the use of motorized or power assisted vehicles on the boardwalk, bike path, and connector parks in the resort area. Existing wording in the current ordinances should be revised to reflect current and future vehicles to be prohibited. I. FINDINGS Safety — The safety of introducing the motorized vehicles such as gas or electric powered scooters and Segways into the pedestrian population is currently being scrutinized across the United States and other Counties in Europe as well. The U.S. Consumer Product Safety Commission and the Royal Society for the Prevention of Accidents in the United Kingdom have studied accidents involving motorized vehicles. Segways Vermont and Iowa have banned Segways from riding on streets. Similarly, the City of San Francisco adopted an ordinance banning the use of Segways on sidewalks after a series of collisions with pedestrians. The concerns regarding the use of Segways arise from the fact that Segways weigh between 70 and 95 pounds and can travel at speeds of 12 MPH or more. The Segway is built to accommodate a rider who weighs up to 250 lbs. Both the rider and the Segway can weigh a cumulative of 300+ pounds, which can create a significant impact with another object when traveling at speeds of 12 MPH or more. Because the Segway is a relatively recent invention, there is no comprehensive database on injuries due to collisions with pedestrians. However, there is growing anecdotal evidence regarding the safety of Segways. On May 3rd, 2002, a member of the Central Atlanta Progress Ambassador Force fell from a Segway and suffered a knee injury that required medical attention from a nearby hospital. In a recent visit to Kennebunkport, Maine, President Bush had an accident trying to operate the Segway. Accidents can further be compounded by mechanical failure. A defect in the controlling software caused the Segway to suddenly lose power, which was the main cause of an accident requiring a rider to receive multiple stitches to close a head wound. The discovery of this defect lead to a recall of over 6,000 Segways. Position Paper: Motorized Vehicles in the Resort Area Page 1 of 6 Date: 6/7/04 Scooters The current fad of motorized scooters began in 2000 and has spread to Europe and other countries since then. In 1999, there were 1,330 injuries involving motorized scooters and 4,390 injuries in 2000. At least three deaths have been attributed to misuse or vehicular collisions. Of these injuries, almost 40% occurred to children under the age of 15. The most common injuries were fractures to the head, arms, or legs. However, the most alarming news is there are at least 16 deaths since 2001 relating to non -powered scooters. Most of these deaths occurred after collisions with moving vehicles in traffic. Scooters can: travel at speeds ranging from 16 to 20 MPH depending on if it is powered by electricity or gas. The larger scooters that are popular Europe, such as the Vespa, can travel at 35 MPH. The smaller scooters are readily available through retail and specialty stores and outlets across the United States and are sold locally at stores like Pep Boys. The sales price can range between $195 to $400 depending type of scooter as well as make and model. Past Experience The City has experienced trouble with injuries and accidents in the past when three wheel bikes were allowed on the bike path. Because of safety concerns, they were banned from the resort area. The bikes were much faster than regular bikes and were built very low to the ground making them hard to see. Also, the bikes were very difficult to control when turning as well as keeping the bike riding in a strait line. The combination of speed, visibility, and steering difficulties led to their eventual ban on the resort area bike path. These bikes were responsible for a constant stream of minor accidents and there is concern that relaxing the rules restricting the use of motorized vehicles on sidewalks and the boardwalk in the Resort Area will cause similar problems. Congestion — During the peak resort season, the bike path is congested with bike riders of all ages traveling at various speeds. When the Surreys use the bike path, they cause further congestion because they move at a slower pace than bikes. The Surreys do not have gears to facilitate speed as many bikes have, such as ten -speeds and mountain bikes. Congestion occurs when bikes begin queuing behind slower moving Surreys in an attempt to pass. The bikes cannot pass until the opposing lane is free and clear of on -coming riders. Often the opposing lanes are occupied with other bikes and Surreys, which exacerbates the situation. Adding motorized vehicles to these areas will only make the problems associated with congestion and high use worse than the present crowding condition. Pedestrian Crossing Paths — Pedestrians crossing from the hotels and connector parks onto the boardwalk further compound the congestion on the bike path. Many of these pedestrians are first-time visitors to the City and are not aware of the rules governing the bike path and the boardwalk. The high volume of traffic on the bike path causes confrontation with pedestrians and often accidents occur between them. Accidents between a pedestrian and bike are bad enough, but adding motorized vehicles into the mix will likely cause the accidents to be more injurious. For example, bikes generally weigh between 10 and 15 pounds, but a Segway can weigh between 70 Position Paper: Motorized Vehicles in the Resort Area Page 2 of 6 Date: 6/7/04 to 95 pounds. The weight differential between a Segway and the bike can be the difference between a minor accident and an accident that requires immediate medical attention. Enforcement — If various types of motorized vehicles are allowed in the resort area, enforcing their proper use and controlling rental operation locations use will be difficult, if not impossible because bike rental operations are allowed in the RT2 and RT3 zoning districts. To illustrate this point, a parallel can be drawn to the City's experience with Surreys. When Surreys were first introduced to oceanfront several years ago, no one could have foreseen their proliferation both in number and popularity. At first, it was assumed there would be, very e limited number of Surreys on the bike bath due to their high acquisition costs. However, their popularity and demand among tourists made the high acquisition costs a low -risk investment and, in fact, Surreys have become very profitable to bike rental operators as evidenced by the number of establishments renting them along Atlantic Avenue as well as the total volume of Surreys being rented. The City has limited staffing or resources to enforce the City Ordinance provisions regulating the use of bicycles and other pedal powered vehicles on the boardwalk, connector parks, and sidewalks 24 hours a day and seven days a week. If motorized vehicles are allowed, a similar problem will arise and they will be operated on the boardwalk, connector parks, sidewalks, trolley lanes, and streets even if the City adopts a strict ordinance relegating their operation exclusively to the bike path. The rationale for this statement is that merchants along Atlantic Avenue will rent Segways, scooters, mopeds, gopeds, and other miscellaneous vehicles from their storefronts and the renters will have to cross Atlantic Avenue, sidewalks, and connector parks to gain access to the bike path. Just as the current renters of Surreys ride along the sidewalks and connector parks, the renters of these types of motorized vehicles will ride along these restricted areas as well. However, the City will enforce all applicable restrictions, but history has proven the laws restricting the areas for bicycle and pedal powered vehicles will be disobeyed until the violators are caught and the ordinance is enforced. Profit Motive — the relative low cost of motorized scooters will undeniably lead to a proliferation of rental operations that will surpass Surrey rentals. A typical scooter's cost will range from $195 to $400. Retailers will realize profits very quickly due to the low acquisition cost. For instance, if a scooter is purchased at $195 and rented for $25 an hour, it would take 8 renters to payback the cost of purchasing the scooter. This is an equivalent to one day's rentals. The resort season lasts for 150 days. If the scooter were only rented once a day the gross rental revenue would equal $3,750 during the season or 20 times more than the cost to purchase the scooter. If a scooter were rented an average of 5 times a day, the gross seasonal rental revenue would equal $18,750 and if a retailer rented 20 scooters the gross seasonal rental revenue would be $375,000 compared to the $3,900 to purchase the scooters. Given these enormous profit margins, a scenario of every retailer along Atlantic Avenue renting them causing a swarm of scooters on the sidewalks, boardwalks, connector parks, and streets is not entirely unreasonable. The lure of fast cash with little to no risk in investment cost will cause the retailers to over supply the demand and prices will be lowered, which, in turn, will create additional demand and more scooter rentals. Position Paper: Motorized Vehicles in the Resort Area Page 3 of 6 Date: 6/7/04 A similar example can be made with Segways despite their high acquisition costs, which range from $4,000 to $5,500. If Segways were rented at $50 an hour and were rented 5 times a day during the resort season, the potential gross revenue could exceed $37,000 or 7.5 to 10 times the original purchase price. If a retailer had 10 Segways that were rented an average of 5 times a day, the gross seasonal revenue could equal over $370,000 as compared to the $50,000 of one-time acquisition costs. Setting a Precedence — If motorized vehicles such as Segways or electric and gas powered scooters are allowed in the resort area, what other types vehicles be allowed by right ofi City Ordinance? Oceanfront retailers as well as members of the general public will be able to purchase these inexpensive types of vehicles easily. If the popularity of Surreys caused their numbers to sky -rocket, there will be no stopping the proliferation of scooters, Segways, or other power assisted devices by both the general public and by rental agencies. These devices will also traverse the boardwalk, connector parks, sidewalks, trolley lanes and streets. The area available for cycling and walking is limited and adding more devices that are incompatible with these uses will create more congestion and will make enforcing proper use very difficult. To further punctuate this point, members of this staff committee have seen gas -powered scooters on the sidewalks along Atlantic and Pacific Avenues. If motorized vehicles are allowed on the sidewalks and boardwalk, it is the opinion of the committee accidents will occur and pedestrians will be injured. II. LOCAL ORDINANCE REVIEW The Virginia Beach City Code has several sections regulating the type and use of transportation devices in the resort area. The following is a partial listing of applicable ordinances that govern the use of the boardwalk and sidewalks. Sec. 6-9. Riding bicycles, electric power -assisted bicycles and other pedal -powered vehicles on boardwalk. (a) It shall be unlawful for any person to operate any bicycle or electric power -assisted bicycles upon the boardwalk along the Atlantic Ocean at any time where the city has designated a bicycle path adjacent to the boardwalk. Sec. 6-10. Use of roller skates, roller blades, skateboards, scooters, etc., on boardwalk or grassy area, bicycle path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent thereto. (a) It shall be unlawful at any time for any person to use a skateboard or any similar device in the area from, and including, the sidewalk on the west side of Pacific Avenue to the Atlantic Ocean, between Rudee Inlet and 42nd Street. (b) It shall be unlawful at any time for any person to use roller skates, roller blades, a scooter or any similar device on wheels or runners on the grassy area adjacent to the boardwalk, or on the bicycle path, oceanfront parks and plazas, public restrooms, and sidewalks adjacent thereto at any time. (c) During the period from 6:00 p.m. on the Friday before Memorial Day to 6:00 p.m. on Labor Day, it shall be unlawful for any person to use roller skates, roller blades, a scooter or any similar device on wheels or runners on any sidewalk along and east of Pacific Avenue from Rudee Inlet to 42nd Street, or to use a scooter on the boardwalk. Position Paper: Motorized Vehicles in the Resort Area Page 4 of 6 Date: 6/7/04 (d) It shall be unlawful for any person to use roller skates, roller blades, a skateboard, a scooter or any similar device on wheels or runners, whether such use is permitted or not, recklessly or at a speed faster than is reasonably proper, or in a manner so as to interfere with pedestrians or to endanger the life, limb or property of the rider or any other person. (e) The provisions of this section shall not be applicable to the use of wheelchairs for the transportation of disabled persons or the use of baby carriages, strollers or related modes of transportation for infants. (f) For purposes of this section, a "scooter" is a device having two (2) or more wheels, a platform on which the rider stands, and a steering mechanism such as handlebars. Sec.7-1. Definitions. For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section, unless clearly indicated to the contrary: Bicycle: A device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two (2) or more wheels in tandem, including children's bicycles except a toy intended for use by young children. A bicycle shall be a vehicle while operated on the highway. Electric power -assisted bicycle: A bicycle equipped with an electric motor that reduces the pedal effort of the rider, but does not eliminate the rider's need to pedal. An electric power -assisted bicycle shall be a vehicle when operated on a highway. Highway: The entire width between the boundary lines of every way or place of whatever nature open to the use of the public for purposes of vehicular travel in this city, including the streets, alleys and publicly maintained parking lots in the city. Moped: A conveyance that is either (i) a bicycle -like device with pedals and a helper motor which is rated at no more than two (2) brake horsepower and which produces speeds up to a maximum of thirty (30) miles per hour or (ii) a motorcycle with an engine displacement of fifty (50) cubic centimeters or less and a maximum speed of less than thirty (30) miles per hour. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway; except devices moved by human power or used exclusively upon stationary rails or tracks. Sec. 7-50. Riding bicycles, electric power -assisted bicycles and mopeds on roadways and bicycle paths. (d) Notwithstanding the foregoing provisions, during the period of April 15 through September 30, it shall be unlawful for any person to operate a moped on Atlantic Avenue, or a four -wheeled bicycle on Atlantic Avenue, Pacific Avenue, or side streets east of Pacific Avenue, from Rudee Inlet to 42nd Street. Sec. 7-57. Riding on sidewalks. (a) It shall be unlawful for any person to ride a moped on any sidewalk or designated bicycle route within the city. (b) It shall be unlawful for any person to ride a bicycle or electric power -assisted bicycle on any sidewalk of Atlantic Avenue from Rudee Inlet to 42nd Street during the period of April 15 through September 30, inclusive. Bicycle and electric power -assisted bicycle riding is otherwise permitted on the sidewalks of the city, subject to the provisions of this section and section 6-9 of this Code. Position Paper: Motorized Vehicles in the Resort Area Page 5 of 6 Date: 6/7/04 (c) The prohibition regarding bicycles and electric power -assisted bicycles contained in this section shall not apply to any person who is handicapped and who has a city number plate or tag for the handicapped, issued pursuant to article II of this chapter, attached to his bicycle, or electric power -assisted bicycle or to any police officer riding a bicycle or electric power -assisted bicycle in the performance of official duties. III. CONCLUSIONS ■ During the prime resort season, the boardwalk, bike path, and sidewalks are congested with pedestrians and cyclists. ■ Current City Ordinance, prohibits use of motorized vehicles in the resort area. ■ Devices such as the Segways and scooters are prone to serious accidents. ■ The Segway Human Transport is new technology and its unfamiliarity, weight and speed can lead to accidents. ■ Resource constraints limit enforcement efforts and cannot ensure 100% compliance with City Ordinances. ■ If motorized vehicles are permitted to operate in the resort area, can the City prohibit other similar electric or gas powered devices from operating in the resort area? ■ The City could not control the proliferation of Segways or scooter because they are inexpensive. ■ The high profit margin of renting Segways and scooters will cause oceanfront retailers to purchase and rent them in mass quantities. ■ Their relative small dimensions as compared to Surreys will give a retailer more flexibility to store and rent numerous motorized vehicles on premises than is currently happening with the large, bulky Surreys. ■ The City may not have the ability to regulate the total volume of motorized vehicles rented in the Resort Area. IV. FORWARD THINKING Given the findings and conclusions listed above, the City would like to prohibit all powered assisted transportation devices from operating in the resort area. Furthermore, the City would like to exclude bicycle rentals in the RT2 and RT3 Zoning Districts. The zoning change will facilitate enforcement of existing local ordinances prohibiting bikes and Surreys on the boardwalk and sidewalks. When Surreys were first introduced in the Resort Area, only the bicycle rental operations along the boardwalk rented them, but within the last few years, retailers along Atlantic Avenue have begun renting Surreys as well. Riding a Surrey along the bike path is a nice amenity for the beach, but the City has the right to regulate their use to protect the health, safety, and welfare of residents and tourists. Position Paper: Motorized Vehicles in the Resort Area Page 6 of 6 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 6 OF THE CITY CODE BY REPEALING CITY CODE SECTIONS 6-9, 6-10 AND 6-11 PERTAINING TO RIDING BICYCLES, ELECTRIC POWER -ASSISTED BICYCLES AND OTHER PEDAL - POWERED VEHICLES ON THE BOARDWALK, GRASSY AREA, BICYCLE PATH, OCEANFRONT PARKS AND PLAZAS, AND SIDEWALKS ADJACENT THERETO That Sections 6-9, 6-10 and 6-11 of the City Code are hereby repealed. ARTICLE I. IN GENERAL . (Reserved) 29 30 wheel diaFneteF gFeateF than twelve (12) !RGhoc 31 , FGlleF blades, skatebGaFds, , •, 32 , er.,eanfrent parks and plazas, pu 33 rectrOG.ns and sidewalks adjaGen++heretd (Reserved) 34 (a) it shall be URlam4ul at any tome fbF any per-sen to- use a skateboard opa-ny 35 similw d8YiGe an the aFea fFGFn, and iRGluding, the sidewalk on the west Side of Pa 37 , 39 adjaG9Rt tG the beaFdwalk, OF OR the biGYGle path, eGeaRfFORt paFks and plazas, publiG- 40 Festmerns anti sidewalks adjaGeRt +heFete at aRy timo Er O� �� - - �& -u�-.u,�ru►�iif►=��-_,:ate_���� :�i -c ,-.,�--.-LZI: 44 eaSt Of PaGifiG Avenue from Rudee lFilet te 42nd StFe8t, 45 beaFdwak-. 46 (d) -- it sad --be- any per -son 4e use -relleFskates, ter lleh` lades,a �rrr_e�lr:�n: 48 peFFnitted eF Rot, reGkIessl-eFat a speed as#eF ##aR is-FeaseRabr^^er--ef_ . -a 50 FideF 9F any etheF peFsen. 51 52 , 54 55 wheels, a platfeFm OR WhiGh th8 FideF stands, 56 haedtCbGts 57 58 59 60 61 62 63 64 65 thereto.path, ereanfFont PaFks and plazas, and sidewalks acUaGent (Reserved) _ :M:M.n:r_r MI.Mr- AM E MTMIMMIMRIM 66 everts. 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 COMMENT The Virginia General Assembly has responded to the proliferation of Segways, pocket bikes and other wheeled devices by enacting new state code provisions to regulate these vehicles. Efforts to revise the City Code to address the state code changes and enforcement issues cited by the Police Department and the Convention & Visitors Bureau prompted a comprehensive review of Chapters 6, 7 and 21 of the City Code. One of the findings made by City Staff is that the interpretation and enforcement of the existing City Code provisions governing these wheeled devices and vehicles is confusing since some of these provisions are found in Chapter 6, Chapter 7 and, to a certain extent, in Chapter 21 of the City Code. Placing all provisions dealing with bicycles and other wheeled devices and vehicles in Chapter 7 will facilitate enforcement and give clearer guidance to citizens and visitors as to the operation of these vehicles in the Resort Area and throughout the City. 3 83 Adopted by the Council of the City of Virginia Beach, Virginia on the 84 , 2004. 85 86 CA-9333 87 P&A\GG\Ord&Res\Proposed\6.9-6.10-6.11.repeal.ord.doc 88 R-5 89 September 17, 2004 90 91 92 APPROVED AS TO CONTENT: 93 94 Z/ 95 e';�47 e;�? 96 Convention & Visitors Bureau 97 98 day of APPROVED AS TO LEGAL SUFFICIENCY: f- /ef -0 �fa' e �' - City A ey's Office M 1 ORDINANCE NO. 2 3 AN ORDINANCE TO AMEND CHAPTER 7 OF THE CITY 4 CODE PERTAINING TO BICYCLES AND OTHER WHEELED 5 DEVICES BY AMENDING SECTIONS 7-1 THROUGH 7-11, 6 7-21 THROUGH 7-25, 7-29 THROUGH 7-31, 7-46 THROUGH 7 7-59, 7-60 THROUGH 7-63, BY ADDING SECTIONS 7-32, 8 7-51.2, 7-51.3, 7-52.2, 7-59.1 THROUGH 7-59.4, 7-64, 7-65 9 THROUGH 7-68 AND BY RESERVING SECTIONS 7-23 AND 10 7-69 THROUGH 7-70 11 12 SECTIONS AMENDED: §§ 7-1 through 7-11, 7-21 through 13 7-25, 7-29 through 7-31, 7-46 through 7-59, 7-60 14 through 7-63 15 16 SECTIONS ADDED: §§ 7-32, 7-51.2, 7-51.3, 7-52.2, 7-59.1 through 17 7-59.4, 7-64, ARTICLE IV Regulation of Golf Carts (7-65 through 7-68), 18 SECTIONS RESERVED (7-23 and 7-69 through 7-70 Reserved) 19 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 22 VIRGINIA: 23 24 That Chapter 7 of the City Code is hereby amended and reordained, to read as 25 follows: 26 Chapter 7 BICYCLES AND OTHER WHEELED DEVICES 2 7 ARTICLE I. IN GENERAL 28 Sec. 7-1. Definitions. 29 For the purposes of this Ghapte Chapter, the following words shall have the 30 meanings ascribed to them in this sestoeR Section, unless clearly indicated to the contrary: 31 All -terrain vehicle: A three -wheeled or a four -wheeled motor vehicle powered by a 32 gasoline or diesel engine and generally characterized by large low -pressured tires a seat 1 33 designed to be straddled by the operator, and handlebars for steering, that is intended for 34 off -road use by an individual rider on various types of unpaved terrain. This term does not 35 include four -wheeled vehicles that have low centers of -gravity and are typically used in 36 racing and on relatively level surfaces, commonly known as "go-carts," nor does the term 37 include any "farm utility vehicle" as defined in Section 46.2 of the Code of Virginia. Except 38 as otherwise provided in this Chapter, for the purposes of this Chapter, all -terrain vehicles 39 shall be deemed to be motorcycles. 40 Bicycle: A device propelled solely by human power, upon which a person may ride 41 either on or astride a regular seat attached thereto, having two (2) or more wheels in 42 tandem, including children's bicycles., except a toy intended for use by young children. A 43 bicycle shall be a vehicle while operated on the highway. 44 Electric personal assistive mobility device: A self -balancing two-nontandem- 45 wheeled device that is designed to transport only one (1) person and powered by an 46 electric propulsion system that limits the device's maximum speed to fifteen (15) miles per 47 hour or less. The term includes, but is not limited to, Segways and similar devices. An 48 electric personal assistive mobility device shall be a vehicle when operated on the highway. 49 Electric power -assisted bicycle: A bicycle equipped with an electric motor that 5o reduces the pedal effort re uired of the rider, but does not eliminate the rider's need to 51 pedal. An electric power -assisted bicycle shall be a vehicle when operated on a highway. 52 Electric -powered wheeled device: Any wheeled device powered by an electric motor 53 or battery, which is capable of being self-propelled or designed for self -propulsion and 54 produces speeds up to a maximum of thirty (30) miles per hour. For purposes of this 55 Chapter, an electric -powered wheeled device shall not include golf carts low -speed 2 56 vehicles, wheelchairs or wheelchair conveyances as defined in this Chapter but shall 57 include wheeled devices such as "Razors," electric seated scooters, electric -powered mini 58 choppers, electric -powered go-peds and similar devices. For purposes of this Chapter, an 59 electric -powered wheeled device shall be a vehicle while operated on a highway and 60 subiect to the same laws and restrictions as electric power -assisted bicycles. 61 Gas -powered wheeled device: Any wheeled device powered by gas or any similar 62 type fuel, which is capable of being self-propelled or designed for self -propulsion and 63 produces speeds up to a maximum of thirty (30) miles per hour. For purposes of this 64 Chapter, a pas -powered wheeled device shall include devices such as gas -powered pocket 65 bikes, gas -powered seated scooters, gas -powered mini choppers gas -powered go-peds 66 and similar devices. For purposes of this Chapter, a gas -powered wheeled device shall be 67 a vehicle while operated on a highway and subject to the same laws and restrictions as 68 mopeds. 69 Golf cart: A self-propelled vehicle that is designed to transport persons playing golf 7o and their equipment on a golf course. 71 Highway: The entire width between the boundary lines of every way or place of 72 whatever nature open to the use of the public for purposes of vehicular travel in this city 73 City, including the streets, alleys and publicly maintained parking lots in the sty Cam. 74 Low -speed vehicle: Any four -wheeled electrically -powered vehicle except a motor 75 vehicle or low -speed vehicle that is used exclusively for agricultural or horticultural 76 purposes or a golf cart, whose maximum speed is greater than twenty (20) miles per hour 77 but not greater than twenty-five (25) miles per hour and is manufactured to comply with 78 safety standards contained in Title 49 of the Code and Federal Regulations 4571 500 3 79 Moped: A conveyance that is either (i) a bicycle -like device with pedals and a helper 80 motor which is rated at no more than two (2) brake horsepower and which produces 81 speeds up to a maximum of thirty (30) miles per hour or (ii) a motorcycle with an engine 82 displacement of fifty (50) cubic centimeters or less and a maximum speed of less than 83 thirty (30) miles per hour. 84 Resort Area: The area, from and including, the sidewalk on the west side of Pacific 85 Avenue to the Atlantic Ocean between Rudee Inlet and 42"d Street. 86 Resort Season: The time period from May 1st through September 30th. 87 Riding: This term is used interchangeably throughout this Chapter with the term 88 "operation". 89 Surrey: A four -wheeled pedal -powered vehicle capable of seating two (2) or more persons. 90 Vehicle: Every device in, upon or by which any person or property is or may be 91 transported or drawn upon a highway; except devices moved by human power or used 92 exclusively upon stationary rails or tracks. 93 Wheelchair or wheelchair conveyance: A chair or seat equipped with wheels. 94 typically used to provide mobility for persons who, by reason of physical disability, are 95 otherwise unable to move about as pedestrians. The term includes both three -wheeled 96 and four -wheeled devices. So long as it is operated as provided in Virginia Code W.2- 97 677, a self-propelled wheelchair or self-propelled wheelchair convevance shall not be 98 considered a vehicle. a• COMMENT 100 This amendment defines all -terrain vehicles, electric personal assistive mobility devices, golf 101 carts, low -speed vehicles, surreys and wheelchair or wheelchair conveyances as set forth in Virginia 102 Code §46.2-100. The definitions of electric -powered wheeled devices and gas -powered wheeled 103 devices are catch all definitions that address such devices regardless of trade name. The maximum 104 speed limit of 30 m.p.h., which is set forth in Virginia Code §46.2-100, distinguishes these devices 4 105 from motorcycles or motor vehicles. The amendment also adds definitions for "Resort Area" and 106 "Resort Season." 107 108 Sec. 7-2. Violations of shapte Chapter generally. 109 Except as otherwise specifically provided, any person who shall violate any provision 110 of this Ghapter Chapter shall be guilty of a Class 4 misdemeanor. 111 Sec.7-3. Inspections. 112 A police officer n4a-y,- at any time, upon reasonable cause to believe that a bicycle, 113 electric personal assistive mobility device, electric power -assisted bicycle, electric -powered 114 wheeled device, gas -powered wheeled device, golf cart, low -speed vehicle, surrey or 115 moped is unsafe and not equipped as required by this chapter Chapter or that the 116 equipment is not in proper adjustment or repair, may require the person riding tie -bicycle; 117 el8GtFiG peweF assisted biGYGle eF moped such wheeled device or vehicle to stop and 118 submit the wheeled device or vehicle to 119 an inspection and such test with reference thereto as may be appropriate. 120 COMMENT 121 This amendment allows police officers to inspect electric personal assistive mobility devices, 122 electric -powered wheeled devices, gas -powered wheeled devices, golf carts, low -speed vehicles and 123 surreys. 124 125 ARTICLE II. POSSESSION, SALE, RENTAL AND REGISTRATION OF WHEELED 126 DEVICES 127 Sec. 7-4. Violations of Article. 128 Unless otherwise specifically provided, a violation of any provision of this 129 Article II shall constitute a Class 3 misdemeanor. 5 130 Sec. 7-4 7_5. Removing, altering, etc. identification numbers. 131 It shall be unlawful for any person to remove, change, alter or mutilate the frame 132 number of any bicycle, electric personal assistive mobility device, electric power -assisted 133 bicycle, electric -powered wheeled device, gas -powered wheeled device, golf cart, low- 134 speed vehicle, surrey or moped fFan;e .,,,. bef 135 COMMENT 136 This amendment adds generally, electric personal assistive mobility devices, electric and 137 gas -powered wheeled devices, golf carts, low -speed vehicles and surreys to this Section. 138 139 Sec. 7-5 7_6. Dealer not to sell bicycle, electric personal assistive mobility device, 140 electric power -assisted bicycle, electric -powered wheeled device, pas -powered 141 wheeled device, golf cart, low -speed vehicle, surrey or moped without an 142 identification number. 143 No person engaged in the business of selling bicycles, electric personal assistive 144 mobility devices, electric power -assisted bicycles, electric -powered wheeled devices, gas- 14 5 powered wheeled devices, golf carts, low -speed vehicles, surreys or mopeds at retail shall 146 sell any , such wheeled device or vehicle 147 unless the biGYGI9 Gr rnGped wheeled device or vehicle has an identifying number 148 permanently stamped or cast on its frame. 149 COMMENT 150 This amendment adds generally, all electric personal assistive mobility devices, electric and 151 gas -powered wheeled devices, golf carts, low -speed vehicles and surreys to this Section. 152 153 Sec. 7-5.1 7-6.1. Stickers required on mopeds and gas -powered wheeled devices. 9 154 Any dealer who sells at retail and any person who offers for rent or lease any moped 155 or gas -powered wheeled device shall affix to any such moped or gas -powered wheeled 156 device, or verify that there is affixed, a permanent decal or sticker which states: 157 (1) That the operation of mopeds or gas -powered wheeled devices on highways 158 and public vehicular areas by persons under the age of sixteen (16) is prohibited by 159 Virginia law, 160 (2) The maximum horsepower of the moped or gas -powered wheeled device, 161 and 162 (3) The maximum speed at which the moped or gas -powered wheeled device 163 may be ridden. 164 Any dealer who sells and any person who offers for rent or lease any such moped or 165 gas -powered wheeled device which does not have affixed thereto such a permanent decal 166 or sticker or who sells a motorcycle with such a sticker or decal attached thereto, indicating 167 that its motor is rated at no more than two (2) brake horsepower producing only ordinary 168 speeds up to a maximum of thirty (30) miles per hour, shall be guilty of a Class 1 169 misdemeanor. 170 COMMENT 171 This amendment adds gas -powered wheeled devices to the previous requirement for dealers 172 to affix a permanent decal or sticker to mopeds indicating the age limit, maximum horsepower and 173 maximum speed at which the moped or gas -powered wheeled device may be ridden. This Section 174 mirrors Virginia Code §46.2-915. 175 176 Sec. -7-4 7=7. Record to be kept by dealers in secondhand bicycles, electric personal 177 assistive mobility devices, electric power -assisted bicycles, electric -powered 7 178 wheeled devices, pas -powered wheeled devices, golf carts, low -speed vehicles, 179 surreys or mopeds. 180 Every person engaged in the business of buying, selling, exchanging or trading in 181 used or secondhand bicycles, electric personal assistive mobility devices, electric power- 182 assisted bicycles, electric -powered wheeled devices, gas -powered wheeled devices golf 183 carts, low -speed vehicles, surreys or mopeds shall keep a record of all such transactions, 184 including the make and frame number, and the name and address of the person from 185 whom purchased or acquired or to whom sold and delivered, as the case may be, or each 186 such wheeled device or vehicle 187 purchased, sold or exchanged. Such records shall be open for police inspection. 188 COMMENT 189 This amendment adds generally, electric personal assistive mobility devices, electric and gas- 190 powered wheeled devices, golf carts, low -speed vehicles, and surreys to this Section. 191 192 Sec. 74 7-88. Dealers not to purchase secondhand bicycles, electric personal 193 assistive mobility devices, electric power -assisted bicycles, electric -powered 194 wheeled devices, gas -powered wheeled devices, golf carts low -speed vehicles 195 surreys or mopeds from minors. 196 It shall be unlawful for any person engaged in the business of buying, selling, 197 exchanging or trading in used or secondhand bicycles, electric personal assistive mobility 198 devices, electric power -assisted bicycles, electric -powered wheeled devices gas -powered 199 wheeled devices, golf carts, low -speed vehicles surreys or mopeds, to purchase any such 200 secondhand bicycle-sr-meped wheeled device or vehicle from a person under eighteen 201 (18) years of age. 202 COMMENT 203 This amendment adds generally, electric personal assistive mobility devices, electric and gas- 204 powered wheeled devices, golf carts, low -speed vehicles, and surreys to this Section. 205 206 , 207 mopeds on Gustedy ef pelire depaFtment-. 210 Of GhapteF 27 ef this Code. 211 COMMENT 212 This section has been reenacted as Section 7-32. 213 214 Sec. 7-9. Rental agencies to comply with equipment requirements; advertising 215 prohibitions. 216 No rental agency or other establishment shall rent or offer for rent any bicycle., 217 electric personal assistive mobility device, electric power -assisted bicycle, electric -powered 218 wheeled device, gas -powered wheeled device, golf cart low -speed vehicle surrey or 219 moped, fer reR unless the biGyGle GF Fneped such wheeled device or vehicle is equipped 220 with all safety equipment required by this shapteF, Chapter. nGFshall any No such agency 221 or establishment shall rent or offer to rent any bisysle such wheeled device or vehicle which 222 displays any signage or other advertising matter for use on the Boardwalk or bicycle path 223 east of Atlantic Avenue except for one (1) sign not exceeding one (1) square foot in area 224 and displaying only the name and location of the rental agency or establishment. E 225 COMMENT 226 This amendment requires rental agencies who rent electric personal assistive mobility 227 devices, electric and gas -powered wheeled devices, golf carts, low -speed vehicles and surreys to 228 comply with equipment and advertising requirements. 229 230 Sec. 7-10. Signs required at mew rental agencies. 231 A. Mopeds or Gas -powered wheeled devices. 232 Each owner of a business +a#eflded intending to rent or lease mopeds orgas- 233 powered wheeled devices to the public shall post a clearly legible sign in a prominent place 234 on his premises where such sign will be seen and read by a reasonably observant 235 customer. Such sign shall contain the following information: 236 (1) Operators Mu-st must be sixteen (16) years or older to eperate Fneped. 237 (2) Valid identification is required of all customers. 238 (3) Customers must be familiar with and obey traffic laws. Violations will 239 be prosecuted by police. 240 (4) Riding is prohibited on the Boardwalk; and the adjacent -grassy area 241 and bicycle path, oceanfront parks and plazas the beach. and all Citv sidewalks; 242 (5) Riding is prohibited on Atlantic Avenue from May 1st through 243 September 30th. 244 B. Low -Speed Vehicles. 245 Each owner of a business intending to rent or lease low -speed vehicles to the public 246 shall post a clearly legible sign in a prominent place on his premises where such sign will 247 be seen and read by a reasonably observant customer. Such sign shall contain the 248 following information: 249 LD Operators must be sixteen (16) years or older to operate 10 250 (2) Valid driver's license is required of all customers. 251 (3) Customers must be familiar with and obey traffic laws. Violations will 252 be prosecuted by police. 253 (4) Operation is prohibited on the Boardwalk and the adjacent -grassy area 254 and bicycle path, oceanfront parks and plazas, the beach, and all sidewalks. 255 C. Electric Personal Assistive Mobility Devices, Electric 256 Power -Assisted Bicycles, and Electric -Powered Wheeled Devices. 257 Each owner of a business intending to rent or lease electric personal assistive 258 mobility devices, electric power -assisted bicycles and electric -powered wheeled devices to 259 the public shall post a clearly legible sign in a prominent place on his premises where such 260 sign will be seen and read by a reasonably observant customer. Such sign shall contain 261 the following information: 262 M Operator must be fourteen (14) years or older unless under the 263 immediate supervision of a person who is at least eighteen (18) years old. 264 Q Valid identification is required of all customers. 265 (3) Customers must be familiar with and obey traffic laws. Violations will 266 be prosecuted by police. 267 L4) Riding is prohibited on the Boardwalk and adiacent grassy area and 268 bicycle path, oceanfront parks and plazas, the beach and all sidewalks in the Resort Area 269 (5) Riding is prohibited on Atlantic Avenue from May 1st through 270 September 30th. 11 271 COMMENT 272 This amendment requires a specified sign to be posted in businesses that rent or lease 273 personal assistive mobility devices, electric powered -assisted bicycles, electric and gas -powered 274 wheeled devices or low -speed vehicles. Surreys will be addressed in a future Article of this Chapter. 275 276 Sec. 7-11. Restrictions on renting mopeds, gas -powered wheeled devices, low- 277 speed vehicles, electric personal assistive mobility devices, electric power -assisted 278 bicycles or electric -powered wheeled devices. 279 It shall be unlawful for an owner, manager, operator or employee of a business 2 8 o engaged in the rental of mopeds, gas -powered wheeled devices, low -speed vehicles, 281 electric personal assistive mobility devices, electric power -assisted bicycles or electric 282 powered- wheeled devices rental business to: 283 (1) Lease or rent a moped, gas -powered wheeled device or low -speed vehicle to 284 any person under sixteen (16) years of age. 285 (2) Lease or rent, or offer to lease or rent, a moped or gas -powered wheeled 286 device which produces speeds in excess of thirty (30) miles per hour on a level surface. 287 (3) Lease or rent, or offer to lease or rent, a low -speed vehicle which produces 288 speeds in excess of twenty-five (25) miles per hour on a level surface. 289 (4) Lease, rent, offer to lease or rent an electric personal assistive mobility 2-go device, electric power -assisted bicycle or electric -powered wheeled device to any person 291 under fourteen (14) years old unless such person is under the immediate supervision of a 292 person who is at least eighteen (18) years of acme. 293 (5) Require or accept as security or surety any operator's license, military 294 identification card or other permit or pass issued by any state or federal agency. 12 295 COMMENT 296 This amendment subjects gas -powered wheeled device rental agencies to the same 297 restrictions as moped rental agencies. Agencies renting electric personal assistive mobility devices, 298 electric power -assisted bicycles or electric -powered wheeled devices are subject to the requirement 299 found in Virginia Code §46.2-908.1. 300 302 Sec. 7-21. Authority to Register. 303 Anyone may register a bicycle, electric personal assistive mobility device, electric 304 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or 305 moped in the sify City as provided in this aFtisle Article. 306 COMMENT 307 This amendment adds generally electric personal assistive mobility devices and electric and 308 gas -powered wheeled devices to this Section. This provision is similar to Virginia Code §46.2-908. 309 31 o Sec. 7-22. Application. 311 (a) The registration of bicycles, electric personal assistive mobility devices, 312 electric power -assisted bicycles, electric -powered wheeled devices, gas -powered wheeled 313 devices or mopeds shall be upon written application therefore made to the treasure 314 Treasurer of the city Cam, on forms provided for that purpose. 315 (b) All persons engaged in the business of selling bicycles, electric personal 316 assistive mobility devices, electric power -assisted bicycles, electric -powered wheeled 317 devices, gas -powered wheeled devices or mopeds shall have application forms or 318 registration available to all persons buying biGyGles, 319 Fnepeds such wheeled devices or vehicles. 13 320 COMMENT 321 This amendment adds generally, electric personal assistive mobility devices and electric and 322 gas -powered wheeled devices to this Section. 323 324 , 325 fFame numbGF Illegible. 326 327 328 Sec. 7-23. Reserved. 329 COMMENT 330 This section has been deleted because the provisions therein are already set forth in Section 331 7-4 of this Chapter. 332 333 Sec. 7-24. Fee. 334 The fee for registration of a bicycle, electric personal assistive mobility device 335 electric power -assisted bicycle, electric -powered wheeled device gas -powered wheeled 336 device or moped under this article Article shall be one dollar ($1.00), which fee shall be 337 paid to the sfty City tfeasUFe Treasurer at the time of such registration. 338 COMMENT 339 This amendment adds generally, electric personal assistive mobility devices and electric and 340 gas -powered wheeled devices to this Section. 341 342 Sec. 7-25. Issuance of card and decal. 343 (a) Upon proper application and the payment of the registration fee provided for 344 in this aFt'G a Article, the +ro Fe Treasurer of the city City shall issue to such applicant a 345 bicycle, electric personal assistive mobility device electric power -assisted bicycle, electric- 14 346 powered wheeled device, gas -powered wheeled device or moped registration card and a 347 decal, to be affixed to , such wheeled device or vehicle bearing the 348 registration number assigned to the , 349 wheeled device or vehicle and the name of the Goy Cam. 350 Lb) wed Disabled applicants desiring to use an electric personal 351 assistive mobility device, power -assisted bicycle or an electric or pas -powered seated 352 scooter (excluding mopeds mini choppers and pocket bikes or similar devices) in lieu of a 353 wheelchair or wheel chair conveyance as a mode of transportation shall so indicate on the 354 application form and a special plate., of tag or adhesive decal for the handicapped disabled 355 shall be issued upon proper application and payment of the prescribed fee. 356 Lc) No person shall be required to register or obtain any plate tag or decal or pay 357 any registration fee for any self-propelled wheelchair or self-propelled wheelchair 358 conveyance provided it is: 359 1. Operated by a person who is capable of operating it properly and 360 safely but who, by reason of physical disability, is otherwise unable to move about as a 361 pedestrian; and 362 2. Not operated on any highway or street in the City except to the extent 363 necessary to cross the street or highway. 364 COMMENT 365 This amendment adds generally, electric personal assistive mobility devices and electric and 366 gas -powered wheeled devices to this Sections. The term "handicapped" has been deleted because 367 "disabled" is now the preferred term. The amendment also clarifies that disabled persons may use 368 certain wheeled devices or vehicles as a mode of transportation in lieu of a traditional wheelchair or 369 wheelchair conveyance. 370 371 New Subsection (c) exempts self-propelled wheelchairs and wheelchair conveyances from any 372 registration requirements under certain conditions. This provision mirrors Virginia Code §46.2-677. 15 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 Sec. 7-29. Replacement of mutilated, lost or stolen decal. When any decal issued under this aisle Article is badly mutilated, lost, stolen or misplaced and cannot be found, upon presentation to the tFeasuFe Treasurer of the slty City of satisfactory evidence of such fact and proof of ownership, together with payment of a fee of twenty-five cents ($0.25), the tFeasuFe Treasurer shall issue another decal and shall change the registration of the bicycle, electric personal assistive mobility device electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or moped in question accordingly. COMMENT This amendment adds generally, electric personal assistive mobility devices, and electric and gas -powered wheeled devices to this Section. Sec. 7-30. Records to be kept. The tFeasuTar Treasurer of the city City shall maintain a complete record of all bicycles, electric personal assistive mobility devices electric power -assisted bicycles, electric -powered wheeled devices, gas -powered wheeled devices or mopeds registered pursuant to this aFtisle Article, showing the name, address and phone number of such wheeled device or vehicle, the number of the decal issued therefore and a record of all fees collected by him under this aftisle Article. COMMENT This amendment adds generally electric personal assistive mobility devices, and electric and gas -powered wheeled devices to this Section. 16 398 Sec. 7-31. Disposition of fees. 399 Fees collected under this aFtasle Article shall be used for the purpose of defraying 400 the costs and expenses incident with the registration of bicycles, electric personal assistive 401 mobility devices, electric power -assisted bicycles, electric -powered wheeled devices, gas- 402 powered wheeled devices or mopeds and for carrying out the provisions of this chapter 403 Chapter. 404 COMMENT 405 This amendment adds generally, electric personal assistive mobility devices, and electric and 406 gas -powered wheeled devices to this Section. 407 408 Sec. 7-32. Disposition of unclaimed bicycles, electric personal assistive mobility 409 devices, electric power -assisted bicycles, electric -powered wheeled devices, gas- 410 powered wheeled devices, golf carts or mopeds in custody of police department. 411 The disposition of unclaimed bicycles, electric personal assistive mobility devices 412 electric power -assisted bicycles, electric -powered wheeled devices, gas -powered wheeled 413 devices, golf carts, low -speed vehicles, surreys or mopeds in the custody of the police 414 Police Department shall be in accordance with the provisions of Article I I of Chapter 27 of 415 this Code. 416 COMMENT 417 This section was formerly Section 7-8. The amendment to this section provides for the 418 disposition of unclaimed electric personal assistive mobility devices, electric and gas -powered 419 wheeled devices, golf carts, low -speed vehicles and surreys. This Section mirrors the provisions of 420 Virginia Code §15.2-1720. 421 422 ARTICLE III. EQUIPMENT AND OPERATING RULES 423 Sec. 7-46. Violations of aFticle Article. 17 424 Unless otherwise specifically provided, A a violation of any provision of this affisle Article III 425 shall constitute a traffic infraction and, unless etheiwi6e 6peGifiGally pFevided, shall be 426 punishable by a fine of not more than one hundred dollars ($100.00). 427 COMMENT 428 This amendment is a housekeeping matter. There are provisions in the State Code that 429 provide for a civil penalty or a fine for certain violations of equipment and operating regulations for 430 wheeled devices or vehicles. Those penalties are set forth in the applicable sections of this Article. 431 432 Sec. 7-47. Lights and reflectors. 433 (a) Every bicycle, electric personal assistive mobility device, electric power- 434 assisted bicycles electric -powered wheeled device, gas -powered wheeled device and 435 moped when in use between sunset and sunrise shall be equipped with a lamp on the front 436 which shall emit a white light visible in clear weather from a distance of at least five 437 hundred (500) feet to the front and with a red reflector on the rear of a type approved by 438 the eePerintendeet Superintendent of the State Police which shall be visible from ali 439 distances ' of six hundred 440 (600) feet to the rear when directly in front of lawful eppe lower beams of headlamps on a 441 motor vehicle. 442 hundFed (600) feet to the FeaF Fnay be used in I;eU Of OF in additien to the Fed FefleGt()F-. 443 (b) Every bicycle, electric personal assistive mobility device electric power- 444 assisted bicycle, electric -powered wheeled device, gas -powered wheeled device and 445 moped when in use between sunset and sunrise shall be equipped with reflective material 446 of sufficient size and reflectivity to be visible from both sides for six hundred (600) feet, 447 when directly in front of lawful lower beams of headlamps of a motor vehicle, or in lieu of 18 448 such reflective material, with a lighted lamp visible from both sides from a distance of at 449 least five hundred (500) feet. 450 COMMENT 451 This amendment adds electric personal assistive mobility devices and electric and gas- 452 powered wheeled devices to the lamp and reflector requirements currently applicable to bicycles, 453 electric power -assisted bicycles and mopeds set forth in Virginia Code §46.2-1015. 454 455 Sec. 7-48. Brakes. 456 Lal Every bicycle, electric power -assisted bicycle, electric -powered wheeled 457 device, gas -powered wheeled device and moped when operated upon a highway shall be 458 equipped with a brake which will enable the operator to make the braked wheels skid on 459 dry, level, clean pavement. 460 (b) Every electric personal assistive mobility device, when operated on a 461 highway, shall be equipped with a system that, when activated or engaged, will enable the 462 operator to bring the device to a controlled stop. 463 COMMENT 464 This amendment requires electric and gas -powered wheeled devices be equipped with brakes. 465 The amendment also requires electric personal assistive mobility devices to be equipped with a brake 466 system. This Section mirrors Virginia Code §46.2-1066. 467 7_A9.-MGp�-Re�tG beGpeFated by persons ■.ndeF sixteen_ speed limit 468 �e6:-.-� f" f" ccr�a r+ruvrrraaric+�r�cc�c+n ��a�rrrrr. 469 W 470 471 sbdeen (16) years. �-IV V%A:i:I 19 474 {G} 475 punishable by a fine of no FnOFe than fifty dellws ($50.0%, 476 COMMENT 477 This section has been reenacted as new Section 7-51 since it is an operating requirement. 478 479 Sec. 7-49. Safety equipment required, moped and gas -powered wheeled device 480 operators and passengers. 481 (a) Every person operating a moped or a gas -powered wheeled device on a 482 public street or highway of the City shall wear a face shield, safety glasses or goggles 483 approved by the Superintendent of State Police, or shall have his moped or gas -powered 484 wheeled device equipped with safety glass or a windshield at all times while operating such 485 vehicle; and any operator and any passengers thereon, if any, shall wear protective 486 helmets of a type approved by the Superintendent of the State Police. 487 (b) Any person who knowingly violates this Section shall be guilty of a traffic 488 infraction and shall be subject to a fine of not more than fifty dollars ($50.00). 489 COMMENT 490 New Section 7-49 contains the safety equipment requirement and penalty provision of former 491 Section 7-62. This Section mirrors Virginia Code §46.2-915.2. 492 493 Sec. 7-50. Helmets required for riders of bicycles, electric personal assistive 494 mobility devices, electric power -assisted bicycles and electric -powered wheeled 495 devices fourteen years of ape or younger. 496 (a) Every person fourteen (14) years or younger shall be required to wear a 497 protective helmet which meets the standards promulgated by the Consumer Product Safety M 498 Commission Standards whenever riding or being carried on a bicycle, electric personal 499 assistive mobility device, electric power -assisted bicycle or electric -powered wheeled Soo device on any highway, street, sidewalk or bicycle path. 501 (b) A violation of any provision of this Section shall be punishable by fine of 502 twenty-five dollars ($25.00). However, with respect to any person riding or being carried on 503 a bicycle, electric personal assistive mobility device, electric -powered -assisted bicycle or 504 electric -powered wheeled device, such fine shall be suspended (i) for first-time violators or 505 (ii) for any violator who, subsequent to the violation but prior to imposition of the fine 506 purchases a helmet of the type required by this Section. 507 COMMENT 508 New Section 7-50 contains the safety equipment requirements of former Section 7-63 and 509 requires operators of electric -powered wheeled devices under the age of 14 to wear a helmet. The 510 requirement for helmets already applied to operators of bicycles, electric personal assistive mobility 511 devices, and electric power -assisted bicycles. This Section mirrors Virginia Code §46.2-906.1. 512 513 Sec. 7-49 7-51. Mopeds and pas -powered wheeled devices not to be operated by 514 persons under sixteen; speed limit; identification and sticker required; penalty. 515 (a) Mopeds Neither mopeds nor gas -powered wheeled devices shall fiet be 516 operated upon any highway or public vehicular area of the si#y City (i) faster than thirty (30) 517 miles per hour or (ii) by any person under the age of sixteen (16) years. 518 (b) Every person driving a moped or a gas -powered wheeled device shall carry 519 with him some form of identification that includes his name, address and date of birth. 520 (c) It shall be unlawful for any person to operate a moped or a gas -powered 521 wheeled device which does not have affixed thereto a permanent decal or sticker which 522 states: 21 523 M that the operation of the mopeds or gas -powered wheeled devices on 524 highways and public vehicular area by person under the age of sixteen (16) is prohibited by 525 Virginia law; 526 fQ the maximum horsepower of the moped or gas -powered wheeled 527 device: and 528 (3) the maximum speed at which the moped or gas -powered wheeled 529 device may be ridden. 530 (0 LM A violation of any provision of this sestien Section shall constitute a traffic 531 infraction punishable by a fine of no more than fifty dollars ($50.00). 532 COMMENT 533 534 This amendment prohibits operation of gas -powered wheeled devices by persons under the 535 age of 16, or in excess of 30 miles per hour and requires the driver to carry identification to verify 536 name, address and birth date. Violation of this Section constitutes a traffic infraction. This Section 537 mirrors Virginia Code §46.2-914. 538 539 Sec. 7-494 7-51.1. Special provisions for electric personal assistive mobility 54 o devices, electric power -assisted bicycles, and electric -powered wheeled devices. 541 (a) All electric personal assistive mobility devices, electric power -assisted 542 bicycles, and electric -powered wheeled devices shall be equipped with spill -proof, sealed, 543 or gel batteries. No person shall at any time or at any location drive an electric personal 544 assistive mobility device, electric -assisted bicycle or electric -powered wheeled device faster 545 than twenty-five (25) miles per hour. 546 Lb) No person less than fourteen (14) years old shall drive any electric personal 547 assistive mobility device, electric power -assisted bicycle or electric -powered wheeled 22 548 device unless under the immediate supervision of a person who is at least eighteen (18) 54 9 years old. 550 (c,) An electric personal assistive mobility device may be operated on any 551 highway with a maximum speed of twenty-five (25) miles per hour or less. 552 COMMENT 553 This amendment requires operators of electric personal assistive mobility devices and 554 electric -powered wheeled devices to be at least 14 years of age, unless supervised by a person who is 555 at least 18 years old. It also requires protection for the vehicle's battery, and prohibits operation at 556 speeds greater than 25 miles per hour. This Section mirrors Virginia Code §46.2-908.1. 557 558 Sec. 7-51.2. Special provisions for low -speed vehicles. 559 (a) Every low -speed vehicle operated upon a highway shall be equipped with 56o head lights, brake lights, tail lights, reflex reflectors, an emergency or parking brake, an 561 externally mounted rearview mirror, an internally mounted rearview mirror, a windshield, 562 one or more windshield wipers, a speedometer, an odometer, braking for each wheel, a 563 safety belt system, and a vehicle identification number. 564 Lb) Low -speed vehicles may be operated on public highways where the 565 maximum speed is no greater than thirty-five (35) miles per hour, but this limitation shall 566 not prohibit the operation of low -speed vehicles across intersections with highways whose 567 maximum speed limits are greater than thirty-five (35) miles per hour. 568 (c) Low -speed vehicles shall be operated on public highways only by persons 569 who hold driver's licenses or learner's permits issued as provided in Virginia Code 446.2- 5 7 0 300 et seq. 23 571 fq) Low -speed vehicles shall be titled and registered as provided in Virginia Code 572 §46.2-600 et seq. and shall be subiect to the same requirements as to insurance 573 applicable to other motor vehicles under that Chapter. 574 Le) The operator of any low -speed vehicle being operated on the highways shall 575 have in his possession: (i) the registration card issued by the Department of Motor 576 Vehicles or the registration card issued by the state or country in which the low -speed 577 vehicle is registered, and (ii) his driver's license learner's permit or temporary driver's 578 license. 579 COMMENT 580 This amendment adds new State Code provisions addressing low -speed vehicles. This 581 Section mirrors Virginia Code §46.2-908.2 and 46.2-908.3. 582 583 Sec. 7-51.3. Special provisions for all -terrain vehicles. 584 (a) No all -terrain vehicle shall be operated: 585 fl) On any public highway, or other public property, except (i) as 586 authorized by the City Manager or his authorized designee (ii) to the extent necessary to 587 cross a public highway by the most direct route or (iii) by law -enforcement officers 588 firefighters or rescue squad personnel responding to emergencies: 589 fQ By any person under the age of 16 except that children between the 59 o ages of twelve (12) and sixteen (16) may operate all -terrain vehicles powered by engines of 591 no less than seventy (70) nor more than ninety (90) cubic centimeters displacement: 592 By any person unless he is wearing a protective helmet of a type 593 approved by the Superintendent of the State Police for use by motorcycle operators; 24 594 (44) On another Person's property without the written consent of the owner 595 of the property or as explicitly authorized by law; or 596 LQ With a passenger at any time, unless such all -terrain vehicle is 597 designed and equipped to be operated with more than one rider. 598 (b) Any retailer selling any all -terrain vehicle shall affix thereto, or verify that there 599 is affixed thereto, a decal or sticker, approved by the Superintendent of the State Police, 600 which clearly and completely states the prohibition contained in Subsection (a) of this 601 Section. 602 (c) Violation of any provision of this Section shall be punishable by a civil penalty 603 of not more than five hundred dollars ($500.00). 604 (d) The provisions of the this Section shall not apply: 605 M To any all -terrain vehicle being used in conjunction with farming 606 activities; and 607 Q To members of the household or employees of the owner or lessee of 608 private property on which the all -terrain vehicle is operated. 609 COMMENT 610 This amendment adds new State Code provisions addressing all -terrain vehicles. This Section 611 mirrors Virginia Code §46.2-915.1. 612 613 Sec. 7-50 7-52. Regulations pertaining to Riding riding bicycles, electric personal 614 assistive mobility devices, electric power -assisted bicycles, electric -powered 615 wheeled devices, gas -powered wheeled devices and mopeds on roadways and 616 bIIGYGle paths. 25 617 (a) Any person operating a bicycle, electric personal assistive mobility device, 618 electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled 619 device or moped upon a roadway at less than the normal speed of traffic at the time and 620 place under conditions then existing shall ride as close as practicable to the right -fed curb 621 or edge of the roadway, except under any of the following circumstances: 622 (1) When overtaking and passing any vehicle proceeding in the same 623 direction; 624 (2) When preparing for a left turn at an intersection or into a private road 625 or driveway; and 626 (3) When reasonably necessary to avoid conditions including, but not 627 limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, 628 surface hazards, or substandard width lanes that make it unsafe to continue along the 629 right-hand curb or edge. For purposes of this sestien Section, a "substandard width lane" is 63 o a lane too narrow for a bicycle, electric personal assistive mobility device, electric power- 631 assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or moped 632 and another vehicle to pass safely side by side within the lane. 633 L) When avoiding riding in a lane that must turn or diverge to the right; 634 and 635 (5) When riding upon a one-way road or highway a person may also ride 636 as near the left-hand curb or edge of such roadway as safely practicable. 637 (b) Persons riding bicycles, electric personal assistive mobility devices orelectric 638 power -assisted bicycles upon a highway shall not ride two (2) or more abreast except on 639 paths or parts of highways set aside for the exclusive use of bicycles. Persons riding two 26 64 o abreast shall not impede the normal and reasonable movement of traffic, shall move into a 641 single file formation as quickly as is practicable when being overtaken from the rear by a 642 faster moving vehicle, and on a laned roadway, shall ride in a single line. 643 (c) The s+ty City Manager may designate a lane for the exclusive use of 644 bicycles, electric personal assistive mobility devices, electric power -assisted bicycles, 645 electric -powered wheeled devices, gas -powered wheeled devices and mopeds. Ammeter 646 , 191 647 . 648 (d) Notwithstanding the foregoing provisions, during the peried-9 Apr+l-16 649 thFough Septemb8F 30, it Resort Season, the 650 provisions of Section 7-59.3 of this Chapter shall apply to the operation of an electric 651 personal assistive mobility device, electric power -assisted bicycle, electric -powered 652 wheeled device, a moped or a gas -powered wheeled device on Atlantic Avenue, oFafeeF 654 from Rudee Irmo+ to 42nd C+ree+ 655 (a) 656 657 duties, 658 plaGe of empleymeAt via the Fnest doFeGt FOUte, 660business, via the 661 melt direGt reuse. 27 W COMMENT 663 This amendment adds generally, electric personal assistive mobility devices and electric and 664 gas -powered wheeled devices to the general operation regulations. This Section mirrors Virginia 665 Code §46.2-905 with the exception of Subsection (d). Subsection (e) was deleted because it appears 666 in Sections 7-59.3 and 7-59.4. 667 668 Ses -5 Sec. 7-52.1. Overtaking and passing vehicles. 669 (a) A person riding a bicycle, electric personal assistive mobility device, electric 670 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device, or 671 moped may overtake and pass another vehicle on either the left or right side, staying in the 672 same lane as the overtaken vehicle, or changing to a different lane, or riding off the 673 roadway as necessary to pass with safety. 674 (b) A person riding a bicycle, electric personal assistive mobility device, electric 675 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or 676 moped may overtake and pass another vehicle only under conditions which permit the 677 movement to be made with safety. 678 (c) A person riding a bicycle, electric personal assistive mobility device, electric 679 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or 680 moped shall not travel between two (2) lanes of traffic moving in the same direction, except 681 where one lane is a separate turn lane or a mandatory turn lane. 682 (d) Except as otherwise provided in this sestiee Section, a person riding a 683 bicycle, electric personal assistive mobility device, electric power -assisted bicycle, electric- 684 powered wheeled device, gas -powered wheeled device or moped shall comply with all 685 rules applicable to the driver of a motor vehicle when overtaking and passing. KIN 710 wheeled device, gas -powered wheeled device or moped other than as directed and 711 required by such devices. 712 COMMENT 713 New Section 7-52.2 contains the provisions found in former Section 7-52.1. The purpose for 714 moving this former Section is to place all regulations governing the operation of these wheeled 715 devices together rather than leaving them dispersed throughout the Chapter. The operators of 716 electric personal assistive mobility devices and electric and gas -powered wheeled devices must 717 follow these regulations when making a left-hand turn. This Section mirrors Virginia Code §46.2-847. 718 719 Sec. 7-51. 7-53. Applicability of traffic regulations to riders. 720 Every person riding a bicycle, electric personal assistive mobility device, electric 721 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device, 722 low -speed vehicle or moped upee on a highway within the corporate limits of the sity City 723 shall be granted all the rights and shall be subject to all the duties and responsibilities 724 applicable to the driver of motor vehicles under the laws of the state State and the traffic 725 ordinances of the city Cam(, except as to those provisions which, by their very nature, can 726 have no application. 727 COMMENT 728 This amendment subjects operators of electric personal assistive mobility devices and electric 729 and gas -powered wheeled devices to the same rights, duties and responsibilities as the drivers of 730 motor vehicles. This Section mirrors Virginia Code §46.2-800. 731 732 Sec. 7-52 7-54. Compliance with traffic signals and police directions. 733 Every person riding a bicycle, electric personal assistive mobility device, electric 734 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device, 735 low -speed vehicle or moped on any highway shall comply with all traffic signs, signals and 30 736 lights and with all directions by voice, hand or otherwise, given by a member of the pel+se 737 Police Department of the city Cam. 738 COMMENT 739 This amendment requires operators of electric personal assistive mobility devices, electric and 740 gas -powered wheeled devices to comply with traffic signals and police directions. 741 742 , . 743 , 744 745 of thiG +inn 746 {} , 747 te tUFR left shall appFeaGh the tUFR aS Giese as pFarAiGable tO the Fight GUrb eF edge of the 748 Feadway. AfteF PFGGeeding aGFOSS th8 iRterseGting Feadway, the FideF shall GOMPly 749 750 edge of the roadway being entered. 751 , the state highway and 752 , may 753 , and theFeby FeqUiFe and d*reGt that -a 754 SpeGifiG GGUFse be tFaveled by tuming biGYGle6, 755 Fnepedsi and when rUGh deViGes aFe so plaGed, RG pemen shall tUFR a biGyGle, 756 757 COMMENT 758 This Section was deleted and reenacted as new Section 7-52.2. The Section was placed 759 with other provisions governing the operation of wheeled devices. 760 31 763 RGt Fade Gth8F than upon 9F astFide a p8FFnaF;8Rt and FegUlaF seat attaGhment theFete. 764 04 No biGyGle, 765 7 6 6 COMMENT 767 This Section has been reenacted as new Section 7-56. fi'Z'�3'- 769 Sec.7-55. TUFR 6iIqR Signals. 770 (a) Every operator of a bicycle, electric personal assistive mobility device electric 771 power -assisted bicycle, electric -powered wheeled device gas -powered wheeled device or 772 moped who intends to back, stop, turn, or partly turn from a direct line shall first see that 773 such movement can be made safely and whenever the operation of any other vehicle may 774 be affected by such movement, shall give the signals required in this Section plainly visible 775 to the driver of such other vehicle, of his intention to make such movement 776 (bb,) A signal of intention to slow down, stop, turn r+ggf or partly turn left,,a,�.. when 777 fequ+red, shall be given continuously by a person riding a bicycle, electric personal 778 assistive mobility device, electric power -assisted bicycle, electric -powered wheeled device 779 gas -powered wheeled device or moped_ 780 Wherever the lawful speed is more than thirty-five (35) miles per hour, such signals shall 781 be given continuously for a distance of at least 100) feet1 tFaveled by the biGyGle, eleGtFi 782 PeW8F assisted biGyGle eF Fneped befeFe and in all other cases at least fifty (50) feet before 783 slowing down, stopping, turning, or partly turning, and shall be given whole the b;GYG'e, 32 784 eI8GtFiG PGWeF assisted biGyGle, eF Fneped as stopped waiting tO tUFR. A signal by hand and 785 arm need not be given continuously, if the hand is needed in the control or operation of the 786 bicycle, electric personal assistive mobility device, electric power -assisted bicycle, electric- 787 powered wheeled device, gas -powered wheeled device, or moped. 788 (c) Notwithstanding the foregoing provisions of this Section, a person 789 operating a bicycle, electric personal assistive mobility device, electric power -assisted 7 9 o bicycle, electric -powered wheeled device, gas -powered wheeled device or moped may 791 signal a right turn or pull to the right by extending the right hand and arm in a horizontal 792 position straight from and level with the shoulder beyond the right side of the bicycle, 793 electric personal assistive mobility device, electric power -assisted bicycle, electric- 794 powered wheeled device, gas -powered wheeled device or moped, and may signal 795 slowing down or stopping by extending the right arm downward. 796 COMMENT 797 This amendment adds an additional provision enacted by the General Assembly pertaining to 798 turn signals to be given by an operator of a wheeled device. The amendment also adds electric 799 personal assistive mobility devices and electric and gas -powered wheeled devices. This Section 800 mirrors Virginia Code §46.2-849. 801 802 Sec. 7-56. Use of seat required; carrying excess Passengers. 803 La) A person operating a bicycle, electric personal assistive mobility device 804 electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled 805 device or moped shall not ride other than upon or astride a permanent and regular seat 806 attachment thereto unless the vehicle is one designed for operation in a standing position 807 (b) No bicycle, electric personal assistive mobility device, electric power -assisted 8 0 8 bicycle, electric -powered wheeled device, gas -powered wheeled device or moped shall be 33 809 used to carry more persons at one time than the number for which it is designed and 81 o equipped, except that an adult operating a bicycle may carry a child less than six (6) years 811 old if such child is securely attached to the bicycle in a seat or trailer designed for carrying 812 children. 813 COMMENT 814 This Section was former Section 7-53. The Section also requires operators of electric personal 815 assistive mobility devices and electric and gas -powered wheeled devices to sit on the seat of the 816 vehicle is so equipped, and prohibits carrying more passengers than the vehicle was designed to 817 carry. This Section mirrors Virginia Code §46.2-906. 818 819 Sec. 7-54 7-57. Rider to keep one hand on handlebars. 820 No person shall ride a bicycle, electric personal assistive mobility device, electric 821 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device er 822 FAeped on any highway without having while car!ying any package, bundle or article that 823 prevents the driver from keeping at least one hand upon the handlebars. 824 COMMENT 825 This amendment requires operators of electric personal assistive mobility devices and electric 826 and gas -powered wheeled devices to keep at least one hand on the handle bars. This Section mirrors 827 Virginia Code 46.2-906. 828 829 Sec. 7-56 7-58. Duty to stop before crossing, sidewalk or sidewalk area. 830 Every person riding a bicycle, electric personal assistive mobility device, electric 831 power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device or 832 moped out of a lane, alley or private driveway across a sidewalk or sidewalk area shall 833 bring such biGyGle, el8GtFiG peweF assisted biGyGle, eF Fn wheeled device or vehicle to 834 a stop before crossing such sidewalk or sidewalk area. 34 835 COMMENT 836 This amendment adds generally, electric personal assistive mobility devices and electric and 837 gas -powered wheeled devices to the Section. This Section mirrors Virginia Code §46.2-826. 838 839 Sec. 7-57- 7-59. Regulations pertaining to Ridgy riding on City sidewalks and 84 o bicycle paths other than the Resort Area. 841 (a) It shall be unlawful for any person to ride a moped or gas -powered wheeled 842 device on any sidewalk or designated bicycle route within the Gity Cam. 843 (b) it shall be unlawful fGF any pemen W Fide a biGYGle OF e'eGtFIG peweF assisted 844 845 peFied of ApFil 15 thFough SeptembeF 30, ffiRGIusive. Except as otherwise provided in this 846 Chapter, Bisysle riding a bicycle, aAd electric personal assistive mobility device electric 847 power -assisted bicycle, or electric -powered wheeled device riding is ethepNise permitted on 848 the sidewalks and designated bicycle paths of the city City. , 849 850 {o 851 GOntained on this SeGtOGR shall net apply to any per -son who is handiGapped and who has a - -- - -- ---- ---•----_-r-r-- ., 1rw..v.., ., a , 853 a#aGhed to his biGYGIe, 854 855 (} 856 857 0-) Lc) A person riding a bicycle, electric personal assistive mobility device 858 electric -powered wheeled device or electric power -assisted bicycle upon and along a 35 9 o 6 muscle -powered or any other muscle -powered device other than a bicycle as defined in 907 this Chapter. 908 Lb) It shall be unlawful to ride an all -terrain vehicle, bicycle, electric personal 9 o 9 assistive mobility device, electric power -assisted bicycle, electric -powered wheeled device, 91 o gas -powered wheeled device, moped, roller blades, roller skates, scooters or skateboards 911 or a pedal -powered vehicle that is muscle -powered or any other muscle -powered device on 912 the grassy area adjacent to the Boardwalk and the oceanfront parks and plazas. Provided. 913 however, that bicycles are allowed in the oceanfront plazas for the purpose of accessing 914 the bicycle path adjacent to the Boardwalk. 915 (cc) Surreys shall be permitted on the bicycle path and the oceanfront plazas 916 subject to the provisions of this Chapter. 917 ✓d For purposes of this Section the term "oceanfront parks" refers to the grassy 918 and non -grassy areas of the parks located at 7th, 13th, 17th, 24th, 25"', and 31 st Streets. The 919 term "oceanfront plazas" or "plazas" refers to the paved areas connecting Atlantic Avenue 920 to the bicycle path. 921 Sec. 7-59.4 General provisions applicable to Section 7-59.1 through 7-59.3. 922 (a) For purposes of Sections 7.59.1 through 7.59.3, the term "scooter" is a 923 muscle -powered device having two (2) or more wheels, a platform on which the rider 924 stands, and a steering mechanism such as handlebars. 925 (b) The provisions of Sections 7-59.1 through 7-59.3 shall not be applicable to 926 the use of baby carriages, strollers or related modes of transportation of infants or the use 927 of wheelchairs and wheelchair conveyances used for the transportation of disabled 928 persons or electric personal assistive mobility devices, electric power -assisted bicycles or 929 electric -powered seated scooters used for the transportation of disabled persons for which 93 o either a (i) state -issued placard for the disabled has been issued and is prominently 931 displayed thereon or (ii) special decal has been issued by the City pursuant to Section 7-25 932 and is prominently displayed thereon. 933 (c) The prohibitions set forth in Sections 7-59.1 through 7-59.3 shall not be 934 applicable to City employees or City contractors on official business, or to employees of 935 any franchisee or permitee authorized to provide services on the beach, Boardwalk and 936 adjacent bicycle path, oceanfront parks and plazas, while on duty, or when authorization is 937 granted by the City Manager or his designee for special events. 938 COMMENT 939 The regulations pertaining to the operation of wheeled devices on the Boardwalk, grassy area 940 and bicycle path adjacent to the Boardwalk and the oceanfront parks and plazas were found in 941 Chapter 6 and in pertinent part in former Section 7-57. The specific changes in § 7-59.1 reflect 942 changes requested by Convention & Visitors Bureau. 943 944 Sec. 7-a6 7-60. Reckless riding; speed. 945 La) No person shall ride a bicycle, electric personal assistive mobility device, 946 electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled 947 device, low -speed vehicle or moped recklessly or at a speed faster than is reasonably 948 proper, or in a manner so as to endanger the life, limb or property of the rider or of any 949 other person. 950 (b) It shall be unlawful for any person to use or operate roller blades roller 951 skates or any similar devices on wheels or runners whether such use is permitted or not 952 recklessly or at a speed faster than is reasonably proper, or in a manner so as to interfere 953 with pedestrians or to endanger the life, limb or property of the rider or any other person 39 954 COMMENT 955 This amendment prohibits the reckless operation of electric personal assistive mobility 956 devices and electric and gas -powered wheeled devices, roller blades, roller skates or similar wheeled 957 devices. 958 959 Sec. 749 7-61. Racing. 960 (a) Bicycle, electric personal assistive mobility device, electric power -assisted 961 bicycle, electric -powered wheeled device, gas -powered wheeled device, low -speed vehicle 962 or moped racing on the highways is prohibited except as authorized in this sestiea Section. 963 (b) Bicycle, electric personal assistive mobility device, electric power -assisted 964 bicycle, electric -powered wheeled device, gas -powered wheeled device, low -speed vehicle 965 or moped racing on a highway shall not be unlawful when a racing event has been 966 approved by the cify City der Manager on any highway under the jurisdiction of the 967 Gity Cam. Approval of bicycle, electric personal assistive mobility device, electric power- 968 assisted bicycle, electric -powered wheeled device, gas -powered wheeled device, low- 969 speed vehicle or moped highway racing events shall be granted only under conditions 970 which assure reasonable safety for all race participants, spectators and other highway 971 users, and which prevent unreasonable interference with traffic flow which would seriously 972 inconvenience other highway users. 973 (c) By agreement with the approving authority, participants in an approved 974 bicycle, electric personal assistive mobility device, electric power -assisted bicycle, electric- 975 powered wheeled device, gas -powered wheeled device, low -speed vehicle and moped 976 highway racing event may be exempted from compliance with any traffic laws otherwise 40 977 applicable thereto, provided that traffic control is adequate to assure the safety of all 978 highway users. 979 COMMENT 980 This amendment prohibits racing electric personal assistive mobility devices, electric and gas- 9 81 powered wheeled devices and low -speed vehicles except when specifically authorized by this Section. 982 983 Sec. 7-60 7-62. Clinging to vehicles. 984 No person riding upon any bicycle, electric personal assistive mobility device, 985 electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled 986 device, low -speed vehicle er moped, roller skates, skateboards, toys, other devices on 987 wheels or runners shall attach the same or himself to any moving vehicle upon a roadway. M ME 990 COMMENT 991 This amendment prohibits operators of electric personal assistive mobility devices, electric 992 and gas -powered wheeled devices, roller skates, skateboards or other wheeled devices to hold on to 993 another vehicle moving on the roadway. This Section mirrors Virginia Code §46.2-932. 994 995 Sec. 7-" 7-63. Parking of bicycles and other wheeled devices. 996 (a) Except as otherwise prohibited or restricted by an official traffic -control 997 device, A a person may park a bicycle, electric power -assisted bicycle, electric personal 998 assistive mobility device, electric -powered wheeled device, pas -powered wheeled device or 999 moped on a sidewalk in l000 such manner so as to not impede the normal and reasonable movement of pedestrian or 10 01 other traffic. 41 1002 kb.} A biGyGle, 1003 shall RGt iFnPede the Rermal and FeaGGRabie FnevemeRt of ped86tFiaA eF otheF tFaffiG. 1004 (G} (b) A Except as otherwise prohibited by this Code, a bicycle, electric power- 10 0 5 assisted bicycle, electric personal assistive mobility device, electric -Dowered wheeled 1006 device, gas -powered wheeled device, low -speed vehicle or moped may be parked on the 1007 roadway at any angle to the curb or edge of the roadway or abreast of another such 1008 wheeled device or vehicle, but in such manner so as not to (i) impede the normal and 10 0 9 reasonable movement of vehicular or pedestrian traffic, or (ii) obstruct the movement of a 1010 legally parked motor vehicle. at any IGGatien wheFe parking is allewed. loll (d4 A biGYGle, 1012 1013 allowed 1014 W , 1015 1016 COMMENT 1017 This amendment simplifies the parking regulations for bicycles, electric personal assistive 1018 mobility devices, electric power -assisted bicycles, electric and gas gas -powered wheeled devices and 1019 low -speed vehicles. 1020 1021 Sec. 7-62 7-64. Use of earphones while operating a bicycle, electric personal 1022 assistive mobility device, electric power -assisted bicycle, electric -powered wheeled 1023 device, gas -powered wheeled device or moped. 1024 La) It shall be unlawful for any person to operate a bicycle electric personal 1025 assistive mobility device, electric power -assisted bicycle electric -powered wheeled device 42 1050 1051 birsyde on any highway, stFeet, sadewalk OF biryrle path-. 1052 (#) Any per-sen engaged in the business of biGyGle Fentals shall pest, 1053 and GGAS. i RAW, wh , 1054 shall make , 1055 , 1056 (-6) 1057 , 1058 , 1059 subsequent to the Y.elatien but pF*eF to impesitkm of the , 1062 1063 1064 1065 , AGF shall a%4hing On this s9GtiGR Ghange any existing law, , 1066 peFtaffining te any GiV.1 acAien. 1067 COMMENT 1068 The provisions of this Section are found in new Section 7-50. 1069 107o ARTICLE IV: REGULATION OF GOLF CARTS 1071 Sec. 7-65. Golf cart operation, generally. 1072 No person shall operate a golf cart on or over any highway, bike path or sidewalk in 44 1073 the City except as provided in this Article. 1074 COMMENT 1075 The regulations in this Section mirror Virginia Code Section 46.2-916.1. 1076 1077 Sec. 7-66. Designation of City highways for golf cart operation; posting of signs 1078 (p) Pursuant to Section 46.2-916.2 of the Code of Virginia City Council may 1079 authorize by ordinance, the operation of golf carts on designated public highways within the 1080 City after Q considering the speed, volume, and character of motor vehicle traffic using 1081 such highways, and (ii) determining that golf cart operation on particular highways is 1082 compatible with state and local transportation plans and consistent with the 1083 Commonwealth's Statewide Pedestrian Policy. No City highway shall be designated for 1084 use by golf carts if such golf cart operations will impede the safe and efficient flow of motor 1085 vehicle traffic, or if the highway's posted speed limit is greater than twenty-five (25) miles 1086 per hour. 1087 Lb) All requests made to have specific highways designated for golf cart use shall 1088 be directed to the Traffic Engineering Office of Public Works. 1089 Lc) Any City highway designated for golf cart operations shall be posted with 1 o 9 o signs indicating this designation. The organization individual or entity requesting a 1 o 91 highway designation allowing golf cart operations shall reimburse the City its actual cost 1092 for the installation and continued maintenance of such signs. 1093 COMMENT 1094 Virginia Code § 46.2-916.2 authorizes Council to designate certain City streets as suitable 1095 for the lawful operation of golf carts. This Section outlines the procedures and requirements for 1096 designating such streets. 1097 45 l 0 9 8 Sec. 7-67. Limitations. 1099 Golf cart operations on designated City highways shall be in accordance with the lloo following limitations: 1101 ,l) No person shall operate a golf cart on a City highway unless that 1102 highway is designated for golf cart operations and is posted with the required sign. 1103 Q No golf cart shall be driven across any highway at an intersection 1104 where the highway being crossed has a posted speed limit of more than twenty-five 1105 (25) miles per hour. 1106 (Q No person shall operate any golf cart on any designated City 1107 highway unless he has in his possession a valid driver's license. 1108 (4) No golf cart shall be operated on any designated City highway 110 9 without displaying a slow -moving vehicle emblem in conformity with Virginia Code 111 o Section 46.2-1081. 1111 (5) No person shall operate any golf cart on any designated City 1112 hiqhwav between sunset and sunrise, unless equipped with lights as required by 1113 Section 21-141 of this Code. 1114 COMMENT 1115 The limitations provision mirrors Virginia Code § 46.2-916.3. 1116 1117 Sec. 7-68. Exceptions. 1118 The limitations set forth in Section 7-67(1) and (2) above shall not apply to golf 1119 carts being operated as follows: 1120 (1) To cross a highway from one portion of a golf course to another EIR 1121 portion thereof or to another adjacent golf course; or to travel between a person's home 1122 and golf course if (i) the trip would not be longer than one-half mile in either direction, 1123 and (ii) the speed limit on the road is no more than thirty-five (35) miles per hour; 1124 (2) To the extent necessary for City employees and City contractors to 1125 fulfill a governmental purpose, or as otherwise authorized by the City Manager or his 1126 designee, provided the golf cart is not operated on a City highway with a posted speed 1127 limit over thirty-five (35) miles per hour; 1128 (3) As necessary by employees of public or private two-year or four- 112 9 year institutions of higher education if operating on highways within the property limits 1130 of such institutions, provided the golf cart is being operated on highways with speed 1131 limits of thirty-five (35) miles per hour or less. 1132 COMMENT 1133 The exceptions provision mirrors Virginia Code § 46.2-916.3. 1134 1135 Sec. 7-69 through 7-70 rReservedl. 1136 1137 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 1138 , 2004. 1139 47 day of 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 CA-9313 OI D/ordres/proposed/07-001 etalord.VERSI ON2.doc R8 October 11, 2004 APPROVED AS TO CONTENTS: APPROVED AS TO CONTENT: z -74 5�L Convention & Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ice 1 ORDINANCE NO. 2 3 4 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CITY 5 CODE PERTAINING TO MOTOR VEHICLES AND TRAFFIC 6 BY AMENDING SECTIONS 21-2, 21-231, 21-237, 21-259, 7 21-312, 21-440.2 AND 21-465 s 9 SECTIONS AMENDED: §§ 21-2, 21-231, 21-237, 21-259, 10 21-312, 21-440.2, and 21-464 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 That Sections 21-2, 21-231, 21-237, 21-259, 21-312, 21-440.2 and 21-464 of the 15 City Code are hereby amended and reordained, to read as follows: 16 ARTICLE I. IN GENERAL 17 . . . . 18 Sec.21-2. Definitions. 19 The following words and phrases, when used in this Ghat Chapter, shall, for the 20 purpose of this Ghapter Chapter, have the meanings respectively ascribed to them in this 21 seetiea Section, except in those instances where the context clearly indicates a different 22 meaning: 23 Antique motor vehicle: Every motor vehicle which was actually manufactured or 24 designated by the manufacturer as a model manufactured in a calendar year not less than 25 twenty-five (25) years prior to January one (1) of each calendar year and which is owned 26 solely as a collector's item and is used for participation in club activities, exhibits, tours, 27 parades and similar uses, but in no event used for general transportation, and which has 28 been classified by the Commissioner as an antique motor vehicle. 29 Bicycle: A device propelled solely by human power, upon which a person may rye 3 o either on or astride a regular seat attached thereto, having pedais, two (2) or more wheels 31 in tandem, and a seat height of mere than twenty five (25) innhec from the gFo end when 32 adjusted to its maximum height; including children's bicycles, except a toy intended for use 33 by young children. For purposes of this Ghapter Chapter, a bicycle shall be a vehicle while 34 operated upon the highway. 35 Business district: The territory contiguous to a highway where seventy-five (75) 36 percent or more of the property contiguous to a highway, on either side of the highway, for 37 a distance of three hundred (300) feet or more along the highway is occupied by land and 38 buildings actually in use and operation for business purposes. 39 Chauffeur: Every person employed for the principal purpose of operating a motor 40 vehicle and every person who drives a motor vehicle while in use as a public or common 41 carrier of persons or property. 42 Commission: The state State serperatief Corporation Commission. 43 Commissioner: The Commissioner of the i3iuisien Department of Motor Vehicles of 44 the Commonwealth of Virginla. 45 Crosswalk: 46 (a) That part of a roadway at an intersection included within the connections of 47 the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs 48 or, in the absence of curbs, from the edges of the traversable roadway. 49 (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated 50 for pedestrian crossing by lines or other markings on the surface. 51 Dealer: Every person engaged in the business of buying, selling or exchanging 52 motor vehicles, trailers and semitrailers in this s+ty City and who has an established place 53 of business for such purpose in this soity Cam, at which place of business the books and 54 records of such dealer are kept and at which a substantial part of the business of such 55 dealer is conducted. 56 Decal: {a) A device to be attached to a license plate that validates the license plate 57 for a predetermined registration period. 58 59 liG8 se fee-. 60 Department: The Department of Motor Vehicles of the Commonwealth. 61 Driver's license: Any license, including a commercial driver's license as defined in 62 the Virginia Commercial Driver's License Act 63 (Code of Virginia, section 46.2-341.1 et seq.), issued under the laws of the ssr-en3enwealth 64 Commonwealth authorizing the operation of a motor vehicle. 65 Electric personal assistive mobility device: A self -balancing two-nontandem- 66 wheeled device that is designed to transport only one (1) person and powered by an 67 electric propulsion system that limits the device's maximum speed to fifteen (15) miles per 68 hour or less. The term includes, but is not limited to Seqways and similar devices For 69 purposes of this Ghapter Chapter, an electric personal assistive mobility device shall be a 70 vehicle when operated on the highway. 71 Electric power -assisted bicycle: A bicycle equipped with an electric motor that 72 reduces the pedal effort required of the rider, but does not eliminate the rider's need to 73 pedal. An electric power -assisted bicycle shall be a vehicle when operated on a highway. 3 74 Electric -powered wheeled device: Any wheeled device powered by an electric motor 75 or battery, that is capable of being self-propelled or designed for self -propulsion and 76 produces speeds up to a maximum of thirty (30) miles per hour. For purposes of this 77 Chapter, an electric -powered wheeled device shall not include golf carts, low -speed 78 vehicles, wheelchairs or wheelchair conveyances as defined in Virginia Code - 46.2-100. 79 but shall include wheeled devices such as "Razors," electric seated scooters electric - so powered mini choppers, electric -powered go-peds and similar devices. For purposes of 81 this Chapter, an electric -powered wheeled device shall be a vehicle while operated on a 82 highway and subject to the same laws and restrictions as electric -power assisted bicycles. 83 Essential parts: All integral parts and body parts, the removal, alteration or 84 substitution of which will tend to conceal the identity of a vehicle. 85 Farm tractor: Every motor vehicle designed and used as a farm, agricultural or 86 horticultural implement for drawing plows, mowing machines and otherfarm, agricultural or 87 horticultural machinery and implements, including self-propelled mowers designed and 88 used for mowing lawns. 89 Federal safety requirements: Applicable provisions of 90 49 U.S.C. r430101 et. 91 sea. and all administrative regulations and policies adopted pursuant thereto. 92 Gas -powered wheeled device: Any wheeled device powered by gas or any similar 93 type fuel, which is capable of being self-propelled or designed for self -propulsion and 94 produces speeds up to a maximum of thirty (30) miles per hour. For purposes of this 95 Chapter, a gas -powered wheeled device shall include devices such as gas -powered pocket 96 bikes, gas -powered seated scooters gas -powered mini choppers gas -powered go-peds 4 97 and similar devices For purposes of this Chapter, a gas -powered wheeled device shall be 98 a vehicle while operated on a highway and subject to the same laws and restrictions as 99 mopeds. 100 Gross weight: The aggregate weight of a vehicle or combination of vehicles and the 1 o 1 load thereon. 102 Highway: The entire width between the boundary lines of every way or place of 103 whatever nature open to the use of the public for purposes of vehicular travel in this Gity 104 City, including the streets, alleys and publicly maintained parking lots in the city City and, 1 o 5 for law -enforcement purposes, the entire width between the boundary lines of all private 106 roads or private streets which have been specifically designated "highways" by an 107 ordinance. 108 Intersection: 109 (a) The area embraced within the prolongation or connection of the lateral curb 11 o lines or, if none, then the lateral boundary lines of the roadways of two (2) highways which ill that join one another at, or approximately at, right angles, or the area within which vehicles 112 traveling upon different highways joining at any other angle may come in conflict. 113 (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, 114 then every crossing of each roadway of such divided highway by an intersecting highway 115 shall be regarded as a separate intersection. In the event such intersecting highway also 116 includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) 117 roadways of such highways shall be regarded as a separate intersection. 118 (c) For purposes only of authorizing installation of traffic -control devices, every 119 crossing of a highway or street at grade by a pedestrian crosswalk. 5 120 Law -enforcement officer: Any officer authorized to direct or regulate traffic or to 121 make arrests for violation of We Title 46.2 of the Code of Virginia or city City ordinances. 122 License plate: A device containing letters, numerals, or a combination of both, 123 attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly 124 registered with the Department. 125 Light: A device for producing illumination or the illumination produced by the light. 126 Low -Speed Vehicles: Any four -wheeled electrically -powered vehicle, except a motor 127 vehicle or low -speed vehicle that is used exclusively for agricultural or horticultural 128 purposes or a golf cart, whose maximum speed is greater than twenty (20) miles per hour 129 but not greater than twenty-five (25) miles per hour and is manufactured to comply with 130 safety standards contained in Title 49 of the Code of Federal Regulations �$ 571.500 131 Metal tires;_ All tires the surface of which in contact with the highway is wholly or 132 partly of metal or other hard, nonresilient material. 133 Moped: A conveyance that is either (i) a bicycle -like device with pedals and a helper 134 motor which is rated at no more than two (2) brake horsepower and which produces 135 speeds up to a maximum of thirty (30) miles per hour or (ii) a motorcycle with an engine 136 displacement of fifty (50) cubic centimeters or less and a maximum speed of less than 137 thirty (30) miles per hour. For purposes of this Ghapter Chapter, a moped shall be a vehicle 138 while operated upon a highway. 139 Motor vehicle: Every vehicle, as defined in this seGtiee Section, which that is self- 140 propelled or designed for self -propulsion. Any structure designed, used or maintained 141 primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, 142 sleeping place, office or commercial space shall be considered a part of a motor vehicle. 143 Any device herein defined as a "bicycle", "electric personal assistive mobility device," 144 ," "electric power -assisted bicycle", "electric -powered wheeled device" "gas- 145 powered wheeled device" or moped shall be deemed not to be a motor vehicle. 146 Motorcycle: Every motor vehicle designed to travel on not more than three (3) 147 wheels in contact with the ground,, and any feur_,.,heeled "ehi^'o weighing loco than five 148 , except 149 any su-G4 vehicle as -Fray be included within the terms "farm tractor electric -powered 15o wheeled device, pas -powered wheeled device" or "moped" as defined in this sest+eR 151 Section. 152 . . . . 153 154 seGtien 46 7_9 13, whinh is neither a fe'eR, ner rr,. jeFgeaROF 155 Tractor truck: Every motor vehicle designed and used primarily for drawing other 156 vehicles and not so constructed as to carry a load other than a part of the load and weight 157 of the vehicle attached thereto. 158 Traffic infraction: A violation of law punishable as provided in Code of Virginia, 159 Section 46.2-113, which is neither a felony nor a misdemeanor. 160 Traffic lane or lane: That portion of a roadway designed or designated to 161 accommodate the forward movement of a single line of vehicles. 162 Trailer: Every vehicle without motive power designed for carrying property or 163 passengers wholly on its own structure and for being drawn by a motor vehicle. 7 164 Truck: Every motor vehicle designed to transport property on its own structure 165 independent of any other vehicle and having a registered gross weight in excess of 166 seventy-five hundred (7,500) pounds. 167 Vehicle: Every device in, upon or by which any person or property is or may be 168 transported or drawn upon a highway, except devices moved by human power or used 169 exclusively upon stationary rails or tracks. For purposes of this Chapter Chapter, bicycles, 17 o electric personal assistive mobility devices, electric power -assisted bicycles, electric- 171 powered wheeled devices, gas -powered wheeled devices and mopeds shall be vehicles 172 while operated upon a highway. 173 COMMENT 174 The definition of a bicycle and motorcycle has been amended to be consistent with 175 the definitions set forth in Section 46.2-100 of the Virginia Code. In addition to some minor 176 housekeeping changes, the definition of the terms "electric -powered wheeled device," "gas- 177 powered wheeled device" and "low -speed vehicle" have been added. These terms and 178 definitions are consistent with those found in Chapter 7 of the City Code. 179 18o ARTICLE VI. OPERATION OF VEHICLES GENERALLY 181 .... 182 Sec. 21-231. Passing vehicle proceeding in same direction --Generally. 183 (a) The driver of any vehicle overtaking another motor vehicle proceeding in the 184 same direction shall pass at least two (2) feet to the left thereof and shall not again drive to 185 the right side of the highway until safely clear of such overtaken vehicle, except as provided 186 in this aFt+sle Article. 187 (b) The driver of a vehicle shall not drive to the left side of the center line of a 188 highway in overtaking and passing another vehicle proceeding in the same direction, F:7 189 unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance 190 ahead to permit such overtaking and passing to be made in safety. 191 (c) No person operating a truck or tractor and trailer shall pass or attempt to pass 192 any truck or tractor and trailer going in the same direction on an upgrade hill, if such 193 passing will impede the passage of following traffic. 194 (d) Any driver of any vehicle overtaking a bicycle, electric personal assistive 195 mobility device, electric power -assisted bicycle, electric -powered wheeled device, gas- 196 powered wheeled device, moped, animal, or animal drawn vehicle proceeding in the same 197 direction shall pass at a reasonable speed at least two (2) feet to the left of the such 198 overtaken , 199 biryGle, meped, aRiFnal OF animal dFaWR wheeled device or vehicle and shall not again 200 proceed to the right side of the highway until safely clear of such overtaken bicycle, electric 201 personal assistive mobility device, electric power -assisted bicycle, electric -powered 202 wheeled device, qas-powered wheeled device, moped, animal or animal -drawn vehicle. 203 COMMENT 204 This amendment requires the driver of any vehicle overtaking an electric -powered 205 wheeled device or gas -powered wheeled device proceeding in the same direction, to pass 206 such devices at a reasonable speed and to proceed in a manner to be safely clear of the 207 overtaken wheeled device. This Section mirrors Virginia Code §46.2-839. 208 209 . . . . 210 Sec. 21-237. Signals for starting, backing, stopping or turning. 211 (a) Every driver who intends to start, back, stop, turn or partly turn from a direct 212 line shall first see that such movement can be made in safety and whenever the operation 213 of any other vehicle may be affected by such movement shall give the below -required 9 214 signals, plainly visible to the driver of such other vehicle, of his intention to make such 215 movement. 216 (b) The signal required by this seotiee Section shall be given by means of the 217 hand and arm or by some mechanical or electrical device approved by the S,,^or Rten.�o.,+ 218 Superintendent, in the manner herein specified. Whenever the signal is given by means of 219 the hand and arm, the driver shall indicate his intention to start, stop, turn or partly turn by 22 o extending the hand and arm from and beyond the left side of the vehicle, in the following 221 manner: 222 (1) For a left turn or to pull to the left, the arm shall be extended in a 223 horizontal position straight from and level with the shoulder; 224 (2) For a right turn or to pull to the right, the arm shall be extended 225 upward; or 226 (3) For slowing down or to stop, the arm shall be extended downward. 227 Wherever the lawful speed is more than thirty-five (35) miles per hour such signals 228 shall be given continuously for a distance of at least one hundred (100) feet, and in all 229 other cases at least fifty (50) feet, before slowing down, stopping, turning, partly turning or 230 materially altering the course of the vehicle. 231 232 233 234 235 > Of MMM 10 237 hGF420ntal position 6tFaight frem and level with the sheuld8F beyend the Fight 6ide of 238 biGyGle, elertFiG p8FSeRal assistive Friebility deviGe, 239 Frieped, and Fnay signal slewing down OF StOPPORg by eAendiRg the Fight aFm downward. 240 (d)(c)Drivers of vehicles standing orstopped atthe curb oredge before moving such 241 vehicles shall give signals of their intentions to move into traffic, as herein provided, before 242 turning in the direction the vehicle will proceed from the curb. 243 W(d)Drivers having once given a hand, electrical or 244 mechanical device signal must continue the course thus indicated, unless they alter the 245 original signal and take care that drivers of vehicles and pedestrians have seen and are 246 aware of the change. 247 COMMENT 248 Former Subsections (c) and (d) were deleted because these provisions pertain to the 249 operation of mopeds, bicycles and other wheeled devices, which are already found in 250 Chapter 7. By deleting the duplicate provisions, any confusion in the enforcement of these 251 provisions will be eliminated. 252 253 .... 254 Sec.21-259. Cruising. 255 (a) The City of Virginia Beach hereby finds and declares that the unregulated 256 practice of cruising on Atlantic Avenue in the Fesert Resort area Area creates substantial 257 vehicular traffic congestion, including extended periods of gridlock; interferes with the 258 smooth and orderly flow of both vehicular and pedestrian traffic; unduly interferes with the 259 ability of police, fire, and rescue vehicles to respond to calls for assistance; and thereby 26o endangers the health, safety and welfare of the si#y's City's citizens and visitors. By 261 adoption of this ses#+ea Section, it is the intent of the sift' Cifty to regulate cruising on 11 262 Atlantic Avenue in the resert Resort area Area and thereby to alleviate the problems 263 associated therewith. 264 (b) The following words and phrases shall, for purposes of this sestien Section, 265 have the meanings respectively ascribed thereto: 266 (i) Cruising or to cruise shall mean to operate a motor vehicle; or low- 267 speed vehicle erffleped, or as a custodian thereof, to permit its operation, past a traffic- 268 control point two (2) times in the same direction within any three-hour period. 269 (ii) Custodian shall mean any person who is the owner of a motor vehicle 270 or low -speed vehicle er-eaeped, or has custody thereof, and who is riding therein (or 271 thereon) at the time of its operation. 272 (iii) Enforcement period shall mean the period from Aptil-15 May 1 to 273 September 30, inclusive, between the hours of 2:00 p.m. and 4:00 a.m., inclusive. 274 (iv) Restricted area Area shall mean Atlantic Avenue from and including 275 the Rudee Inlet Loop to and including 31st Street. 276 (v) Resort Area shall mean the area, from and including, the sidewalk on 277 the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42"d Street. 278 M vi Traffic -control point shall mean the location of any sign indicating that 279 cruising is prohibited, or any point designated by the Gh4ef Chief of pellse Police or his duly 2 8 o authorized designee which is located between any such signs. 281 (c) It shall be unlawful for any person to cruise in the *,wed Restricted area 282 Area during the enforcement period. A violation of this subsestien Subsection shall 283 constitute a traffic infraction, and each successive trip past a traffic -control point after a 284 violation has occurred shall constitute a separate violation. 12 285 (d) Signs indicating that cruising is prohibited shall be posted at periodic intervals 286 immediately adjacent to the restricted area. Such signs shall state substantially as follows: 287 NO CRUISING 2 P.M. TO 4 A.M. 288 UNLAWFUL TO PASS THIS POINT 289 2 TIMES IN 3-HOUR PERIOD 290 (e) The provisions of this sestieR Section shall not be applicable to the operator 291 of a police, fire or rescue vehicle in the conduct of official duties, the operator of a common 292 carrier, or the operator of any motor vehicle or low -speed vehicle OF Fneped when such 293 motor vehicle or low -speed vehicle er-neped is being operated for business purposes. 294 COMMENT 295 Low -speed vehicles have been added to this section because they are considered to 296 be motor vehicles under the State Code. Mopeds have been deleted from this section 297 because the operation of a moped is prohibited on Atlantic Avenue during the Resort Season 298 pursuant to Chapter 7 of the City Code. The enforcement period was amended to coincide 299 with the definition of the Resort Season. The definition of "Resort Area" was added for 300 clarification purposes only. 301 302 ARTICLE IX. RECKLESS DRIVING; SPEED 303 . . . . 304 Sec. 21-312. Specific instances of reckless driving --Generally. 305 A person shall be guilty of reckless driving who shall: 306 (1) Drive a vehicle which is not under proper control or which has 307 inadequate or improperly adjusted brakes upon any highway of this city Cam; 308 (2) While driving a vehicle, overtake and pass another vehicle proceeding in the 309 same direction, upon or approaching the crest of a grade or upon or approaching a curve in 310 the highway, where the driver's view along the highway is obstructed, except where the 13 311 overtaking vehicle is being operated on a highway having two (2) or more designated lanes 312 of roadway for each direction of travel or on a designated one-way street or highway; 313 (3) Drive a vehicle when it is so loaded, or when there are in the front seat such 314 number of persons, as to obstruct the view of the driver to the front or sides of the vehicle 315 or to interfere with the driver's control over the driving mechanism of the vehicle; 316 (4) Pass or attempt to pass two (2) other vehicles abreast, moving in the same 317 direction, except on highways having separate roadways of three (3) or more lanes for 318 each direction of travel, or on designated one-way streets or highways; however, this 319 subseGtl Subsection shall not apply to a motor vehicle passing two (2) other vehicles, in 32o accordance with provisions of this Ghapte Chapter, when one or both or such other 321 vehicles is a bicycle, electric personal assistive mobility device, electric power -assisted 322 bicycle, electric -powered wheeled device, gas -powered wheeled device or moped; nor 323 shall this subsestiee Subsection apply to a bicycle, electric personal assistive mobility 324 device electric power -assisted bicycle, electric -powered wheeled device, gas -powered 325 wheeled device or moped passing two (2) other vehicles in accordance with the provisions 326 of this shade Chapter; 327 (5) Drive any motor vehicle, including any motorcycle, so as to be abreast of 328 another vehicle in a lane designed for one vehicle, or drive any motor vehicle, including any 329 motorcycle, so as to travel abreast of any other vehicle traveling in a lane designed for one 330 vehicle; provided, however, this sabGestieR Subsection shall not apply to any validly 331 authorized parade, motorcade or motorcycle escort; nor shall it apply to a motor vehicle 332 traveling in the same lane of traffic as a bicycle, electric personal assistive mobility device, 14 333 electric power -assisted bicycle electric -powered wheeled device, aas-powered wheeled 334 device or moped; 335 (6) Overtake or pass any other vehicle proceeding in the same direction at any 336 steam, diesel or electric railway grade crossing at any intersection of highways unless such 337 vehicles are being operated on a highway having two (2) or more designated lanes of 338 roadway for each direction of travel or unless such intersection is designated and marked 339 as a passing zone pursuant to the provisions of Code of Virginia, sections 46.2-803 and 34 o 46.2-830, or on a designated one-way street or highway, or while pedestrians are passing 341 or about to pass in front of either of such vehicles, unless permitted to do so by a traffic 342 light or police officers; 343 . . . . 344 COMMENT 345 This amendment exempts "electric personal assistive mobility devices," "electric- 346 powered wheeled devices" and "gas -powered wheeled devices" from the law prohibiting 347 passing two or more vehicles riding abreast. A similar provision is found in Virginia Code 348 §46.2-856. 349 350 351 ARTICLE XI. STOPPING, STANDING AND PARKING 352 . . . . 353 Sec. 21-440.4. Parking restrictions. 354 La) In any area designated as a residential permit parking area, it shall be 355 unlawful for any person to park or otherwise leave unattended any all -terrain vehicle, 356 bicycle electric personal assistive mobility device, electric power -assisted bicycle, electric- 357 powered wheeled device, gas -powered wheeled device, low -speed vehicle, moped or 358 similar wheeled device on the street. 15 359 (b) In any area designated as a residential permit parking area, it shall be 360 unlawful for any person to park any motor vehicle on the street between the hours of 8:00 361 p.m. and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 362 windshield of such motor vehicle a valid residential parking permit; provided, however, that 363 the provisions of this sestiee Section shall not apply to emergency or governmental 364 vehicles, to delivery or service vehicles while engaged in such delivery or service, or to 365 vehicles displaying a valid guest pass plainly visible from the exterior of the vehicle. 366 COMMENT 367 This amendment prohibits a person from parking an all -terrain vehicle, bicycle, 368 electric power -assisted bicycle, electric personal assistive mobility device, electric -powered 369 wheeled device, gas -powered wheeled device, low -speed vehicle, moped or a similar 370 wheeled device on any street in a designated residential permit parking area. 371 372 ARTICLE XIII. PEDESTRIANS 373 . . . . 374 Sec. 21-464. Playing on streets or highways; use of roller skates, toys or other 375 devices on wheels or runners. 376 (a) No person shall play on a highway or street, other than upon the sidewalks 377 thereof, within the city Cam. No person shall use on a highway or street where play is 378 prohibited roller skates, skateboards, toys, or other devices on wheels or runners, except 379 bicycles, electric personal assistive mobility device electric power -assisted bicycle, electric- 3 8 o powered wheeled devices gas -powered wheeled devices, mopeds, and motorcycles. The 381 City Manager may designate areas on highways or streets where play is prohibited or may 382 restrict play to the use of roller skates, skateboards, toys, or other devices on wheels or 383 runners and, if such highways or streets have two (2) traffic lanes, such persons using 16 384 such devices, except bicycles, electric personal assistive mobility devices, electric power- 3 8 5 assisted bicycles electric -powered wheeled devices gas -powered wheeled devices, 386 mopeds, and motorcycles, shall keep as near as reasonably possible to the e)dFe Ae left. far 387 right side or edge of the ieft pan right traffic lane so that they will be fasiRg ense+a ff 388 proceeding in the same direction as other traffic at a'Qr ctri dimes. 389 (b) Ne per -son Fiding upen aRy Feller skates, tOYS OF GtheF deViGes on wheels GF 390 391 COMMENT 392 393 This amendment prohibits the use of skateboards on highways and streets but allows 394 the operation of electric personal assistive mobility devices, electric -powered wheeled 395 devices and gas -powered wheeled devices on such highways and streets. This section 396 mirrors Virginia Code §46.2-932. Subsection (a) has also been amended to comply with 397 amendments to Virginia Code §46.2-932. Subsection (b) has been deleted because the 398 provision is already contained in Chapter 7 of the City Code. 399 400 401 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day 402 of , 2004. 403 404 CA-9312 405 OID/ordres/proposed/21-002ETAL ord.doc 406 R10 407 October 11, 2004 408 409 410 411 412 413 414 APPROVED AS TO CO APPROVED AS TO LEGAL SUFFICIENCY: ja".,e City Attorney's Offic 17 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. AN ORDINANCE TO AMEND SECTIONS 27-24 AND 27-25 OF THE CITY CODE PERTAINING TO THE DISPOSAL OF BICYCLES AND LOST PROPERTY SECTIONS AMENDED: §§ 27-24, 27-25 That Sections 27-24 and 27-25 of the City Code are hereby amended and reordained, to read as follows: 13 ARTICLE ll. UNCLAIMED PROPERTY IN CUSTODY OF POLICE DEPARTMENT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sec. 27-24. Disposal of bicycles and other wheeled devices or vehicles. Any bicycle, electric personal assistive mobility device, electric power -assisted bicycle, electric -powered wheeled device, gas -powered wheeled device, golf cart, surrey or moped which has been in the possession of the depaFtmeRt. Department of pelise Police, unclaimed, for more than thirty (30) days may be sold at public auction or donated to a charitable organization. If a-bisysle such wheeled device or vehicle is sold at public auction, the provisions of sestiews Sections 27-22 and 27-23 shall apply. If a bisysle such wheeled device or vehicle is donated to a charitable organization, the notice provisions of Section 27-22 shall apply. COMMENT The amendments add the additional classifications of wheeled devices and vehicles set forth in the State and City Codes to facilitate disposal of such wheeled devices and vehicles by the Police Department where the vehicle has been in the custody of the Police for over 30 days. 1 30 31 Sec. 27-25. Disposal of lost/found property. 32 Any person who initially found and turned over to the depaFtment Department of 33 pelfse Police, property which otherwise remains unclaimed for a period of sixty (60) 34 days (thirty (30) days for bicycles and other wheeled devices and vehicles as set forth in 35 Section 27-24), may make claim for the return of such property, prior to its sale, to the 36 Grief Chief of pOliee Police or his duly authorized agent. The sl}ief Chief of pare Police 37 or his duly authorized agent may return such property to the finder making such claim. 38 Strict records of each such disposal shall be kept. If the finder does not make claim for 39 the return of the property, the property may be sold at public auction in accordance with 40 the provisions in somas Sections 27-22 and 27-23. 41 COMMENT 42 This amendment adds the additional classifications of wheeled devices and 43 vehicles referred to in Section 27-24. The amendment will enable the Police Department 44 to dispose of the lost wheeled vehicles if they remain unclaimed after 30 days. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Adopted by the Council of the City of Virginia Beach on this day of .2004. CA-9359 P&A\GG\Ord&Res\Proposed\disposal of wheeled vehicles.doc R-7 September 17, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Polic epartment City Attorney °s ffice 2 t.` ate."`.✓i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation of Excess Community Development Block Grant ("CDBG") ($155,122) and HOME Investment Partnership ("HOME") ($88,085) Program Income Earned in FY 2003/2004, and transfer of appropriations in CDBG ($633,786) and HOME ($190,927) funding within the Department of Housing's FY 2004-05 Operating Budget. MEETING DATE: October 26, 2004 ■ Background: The CDBG and HOME programs are federally funded entitlement programs that the Department of Housing & Neighborhood Preservation oversees. These programs provide funding for a variety of housing activities to benefit low and moderate income persons. Much of the funding assistance is provided through loans and/or grants to aid in housing rehabilitation to individual homeowners and many non-profit organizations. Many of the loans are deferred loans whereby the funds are not returned to our department until the property changes hands. The structure of the programs is intended to provide flexibility in meeting needs; but does present difficulty in estimating the timing of the return of funds. Loan repayments are considered program income that must be re -used for the purposes of the overall grant program. Each year we estimate and have appropriated in the budget the amount of anticipated program income. In FY 2003-04, actual income exceeded our estimate by $243, 207 ($155,122 in CDBG and $88,085 in HOME). Refinancing and high turnover in the market are thought to be the main reasons for the higher than estimated amounts. In addition, each year the department has funds that need to be carried forward due to projects in progress or differences between actual and estimated uses of the funds. Also, non -profits may not be able to complete projects -or may propose new ones. In addition, we make changes to our assistance programs to adjust to consumer needs and market conditions. To adjust funding due to these changes, we are requesting funding transfers totaling $824,713 ($633,786 in CDBG and $190,927 in HOME). All of these transfers only move funds to housing assistance programs or non-profit funding; none of them increase staff or administrative funding for the Department of Housing. ■ Considerations: The requested appropriation is necessary in order to utilize received program income. The requested transfers place funds in accounts determined to be needed to provide individual and non-profit assistance for housing. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: 1) Program Income: These funds must be appropriated in order to expend them. The funds are appropriated for uses consistent with the criteria identified in items 2 and 3 below. 2) Funding Transfers and Proposed Uses — HOME Program: HOME Program funds must be used for housing costs. In addition, program regulations specify certain percentage limits for certain types of activities. Our proposed transfers comply with these requirements while moving funds to programs with greater demand. 3) Funding Transfers and Proposed Uses — CDBG: CDBG funds are more flexible than HOME, but still have both statutory and regulatory restrictions, including caps on certain types of uses. Within these limitations, we have proposed transfers that best meet identified needs. The great majority of the appropriations and transfers move funds to our housing opportunities program, which provides non-profit funding; and to our home repair program, which provides funds to low and moderate income home owners to rehabilitate their housing. While there are some variations in amounts and programs that could be proposed, this request is recommended by the Department. ■ Recommendations: Approval of the ordinance ■ Attachments: Attachment 1: Department of Housing & Neighborhood Preservation: CDBG & HOME Program Funding, and Ordinance. Recommended Action: Approvals. Submitting Department/Agency: D*rtent of Housing and Neighborhood Preservation City Manager:o� 1 2 3 AN ORDINANCE TO APPROPRIATE $155,122 IN 4 COMMUNITY DEVELOPMENT BLOCK GRANT AND $88,085 5 IN HOME INVESTMENT PARTNERSHIP PROGRAM INCOME 6 TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD 7 PRESERVATION'S 2004-05 OPERATING BUDGET AND 8 TO TRANSFER $633,786 IN BLOCK GRANT AND 9 $190,927 IN HOME FUNDING WITHIN THE 10 DEPARTMENT'S OPERATING BUDGET 11 12 WHEREAS, more program revenue has been realized in the 13 Department of Housing and Neighborhood Preservation's CDBG Program 14 and HOME Program than expected; and 15 WHEREAS, transfers of existing CDBG and HOME funding 16 within the Department's 2004-05 Operating Budget are needed to 17 align funding with the needs of the community. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 1. That $155,122 of program income is hereby appropriated 21 to the Department of Housing and Neighborhood Preservation's FY 22 2004-05 Operating Budget to fund housing rehabilitation projects 23 that create housing for low -to -moderate income persons, with 24 estimated revenue from program income increased accordingly. 25 2. That $88,085 of program income is hereby appropriated 26 to the Department of Housing and Neighborhood Preservation's FY 27 2004-05 Operating Budget to fund housing rehabilitation projects 28 for low -to -moderate income persons, with estimated revenue from 29 program income increased accordingly. 9E6 31 3. That $633,786 of CDBG Program funding is hereby 32 transferred within the Department of Housing and Neighborhood 33 Preservation's FY 2004-05 Operating Budget to fund housing 34 rehabilitation projects to create housing for low -to -moderate 35 income persons. 36 4. That $190,927 of HOME Program funding is hereby 37 transferred within the Department of Housing and Neighborhood 38 Preservation's FY 2004-05 Operating Budget to fund housing 39 rehabilitation projects for low -to -moderate income persons. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9411 H:\PA\G\ORDRES\Housing CDBG & HOME FY03-04 Excess Rev Ord.doc R3 October 14, 2004 Approved as to Content: APPROVED AS TO LEGAL SUFFICIENCY: r � • � �ililll" t . / � 1 AManame t Services City Attorney's O fice C w G Lo La O CCD U C o a ° C La N m e U «O o U Lo to Nm O m o O C C C N (0 o0 0 U' O OLuL. N n O mow tl7 O .-. OO(OO^O N � O O (DM r M i.� c O O O am)o c o1884 2m O a N p m O (nm 2 nE M R C llL�) �O a D O^ —o' N 0w '(N OM N 9O'o O m O.I_D TM N N O U V co O O C (Op C (6 v o m m c m y o a o O o vi E 2` A � a 'c o c o (Ov0 (Ov0 'y C >. M '.0-. C 2 O. 0. 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C y 'vl N >. m m L (Oil N 7> j (O A 9 E O C Q' C 3 O (Q O (00 N N N N O E E v N t0 p E N C C N a 0 O y d 'lnO E N 2 S 2 S 0 t0�0 (Ov0 (Ov0 (o 'a ypp o o E A O m -o > c� £ (mp ( C E 2 3 U c O O `� $ O N f43 N O O C O H U (T 2 CNh N N (0 (9 O W C U 49 O .'`--q a m U 2 N C N 0� LL LL F- LL N m o 'u Z '� c E0000.4 E N .E EEEEEEE N >2 SaO 0° °0�of 0 u) 0 0 > u) E E E E E E o o o o o Q o LL LL LL IL LL LL LL O O O O O O O O o 0 0 0 0 0 0 0 m K C o 0 H H coo O O O o d o r H 2 h U O O M O O O m O O m O o o N N o o o o LL LL LL LL O O O O O O O O O O O O O O I� t W O M (D of 0 aom nmom N 1� m m� C 1n N f� N w w U)Oi NM I� �m mm wco (n m O V ' 1� O N NmN 0 0 � O oIn �'� O O N 0 o o V O( 6 (7 O m o m d' N M '- m M V t� O M O h m0W OI-- NN V 7 M o o m m 70 �L6 O (6O NM m »v3(a.961 u a� d Ma wssta c (n(.vsvwwwea o o Qc a E� a Q N d w 2 O 2 N D O yN C M CD 't C O o D E o 0 y o c m ao c E E m O c O D D U IDy c O y w N V N N L (p C C O O ' w E o in O N v L O g ° E v m > � L > L O LL O CL L O E 9 U' N G � a Z- (� m a) 'a (n,0 r 'n'B ¢a Q O O a _°min rn N w N n m 0 c 0 w 2 2 W 2 w O O N O 0 naam O m(amm 2 N N N N H Fo-1--H H W Attachment 1 Department of Housing & Neighborhood Preservation: CDBG & HOME Program Funding Current CDBG FUNDS Total Avail Adjustment New Total Housing Opportunity Funds: Loan Servicing 15,000.00 15,000.00 Demolition 172,460.68 (77,247.00) 95,213.68 Samaritan House -Perry Shores 104,000 VBCDC-Rental Rehab 71,000.00 10,027.00 81,027.00 VBCDC/Biznet 480,000 Optional Relocation 48,251.67 (12,754.00) 35,497.67 VBCDC/Housing 1st 106,293 Fagade Repair 288,310.50 (238,310.00) 50,000.50 SRO 50,000 Emergency Repair 163,433.00 163,433.00 JCOC 145,000 Townhomes Rental Rehab 11,419.13 - 11,419.13 VetsHouse 50,000 Townhomes Owner Rehab 351,918.75 (305,475.00) 46,443.75 Samaritan House 4,428 Housing Opportunities 362,840.00 576,881.00 939,721.00 939,721 Reserve for Contingency - 202,000.00 202,000.00 1,484,633.73 155,122.00 1,639,755.73 Current HOME FUNDS Total Avail Adjustment New Total Salaries 81,738.00 (4,493.00) 77,245.00 Fringe 25,018.00 (10,434.00) 14,584.00 First Time Homebuyer 276,000.00 (176,000.00) 100,000.00 Rental Security Deposit 63,620.00 3,560.00 67,180.00 Risk Management 93.00 - 93.00 Housing Opportunity Funds: VBCDC-Acq/Rehab 401,140.97 - 401,140.97 HOME Repair Program 717,841.20 205,452.00 923,293.20 Biznet 30,000 VB HOME Inc-Acq/Rehab 396,398.29 - 396,398.29 Accessible Housing Corp 55,000 Habitat for Humanity 45,000.00 45,000.00 90,000.00 CAMG 50,000 Housing Opportunities 110,000.00 25,000.00 135,000.00 135,000 Reconstruction Program 158,886.59 - 158,886.59 2,275,736.05 88,085.00 2,363,821.05 Current HOME FUNDS Total Avail ADJ New Total Salaries Fringe First Time Homebuyer Rental Security Deposit Risk Management VBCDC-Acq/Rehab HOME Repair Program VB HOME Inc-Acq/Rehab Habitat for Humanity Housing Opportunities Reconstruction Program 81,738.00 (4,493.00) 77,245.00 25,018.00 (10,434.00) 14,584.00 276,000.00 (176,000.00) 100,000.00 63,620.00 3,560.00 67,180.00 93.00 93.00 401,140.97 401,140.97 717,841.20 205,452.00 923,293.20 396,398.29 396,398.29 45,000.00 45,000.00 90,000.00 110,000.00 25,000.00 135,000.00 158,886.59 158,886.59 2,275,736.05 88,085.00 2,363,821.05 Current CDBG FUNDS Total Avail ADJ New Total Loan Servicing Demolition VBCDC-Rental Rehab Optional Relocation Fagade Repair Emergency Repair Townhomes Rental Rehab Townhomes Owner Rehab Housing Opportunities Reserve for Contingency 15,000.00 15,000.00 172,460.68 (77,247.00) 95,213.68 71,000.00 10,027.00 81,027.00 48,251.67 (12,754.00) 35,497.67 288,310.50 (238,310.00) 50,000.50 163,433.00 163,433.00 11,419.13 11,419.13 351,918.75 (305,475.00) 46,443.75 362,840.00 576,881.00 939,721.00 - 202,000.00 202,000.00 1,484,633.73 155,122.00 1,639,755.73 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to accept and appropriate $99,901 from the Department of Justice and add a full-time attorney position to the FY 2004-05 Operating Budget of the Commonwealth's Attorney MEETING DATE: October 26, 2004 ■ Background: As part of the President's Project Safe Neighborhood gun crime initiative, federal grants were approved for each of the 93 federal districts and designated to benefit local law enforcement efforts to investigate and prosecute gun crime. The Virginia Beach Commonwealth's Attorney's office has been awarded a Project Safe Neighborhood Grant by the United States Department of Justice to be used to hire an attorney to prosecute unlawful possession and use of weapon cases in Virginia Beach, Chesapeake, Portsmouth, and Norfolk. Under a Memorandum of Understanding, this attorney will prosecute cases in all four cities, but the Virginia Beach Commonwealth's Attorney has agreed to oversee this prosecutor and provide office space. The cases will involve such charges as felon in possession of a firearm, use of a firearm in the commission of a crime of violence, and use of a firearm in the commission of a drug trafficking crime, etc. It is anticipated that the Commonwealth's Attorney in each jurisdiction will designate selected cases to be prosecuted by the jointly shared Project Safe Neighborhood prosecutor. ■ Considerations: This is a one-time grant, with future federal funding unspecified at this point. The grant will fund salary and benefits for an assistant Commonwealth's attorney as well as associated office supplies, furniture, travel, and temporary clerical help. It is understood that this position is a grant funded position and is subject to termination at the end of the grant period. The City is under no obligation to continue to fund the position when the grant expires. ■ Public Information: Public information will be handled through the normal agenda process. ■ Alternatives: Refuse to accept and appropriate the Project Safe Neighborhood funds and do not approve the addition of an attorney to the office of the Commonwealth's Attorney. ■ Recommendations: Adopt the ordinance to accept and appropriate the Project Safe Neighborhood funds and approve the addition of one full-time assistant Commonwealth's attorney position to the Commonwealth's Attorney's FY 2004-05 Operating Budget to prosecute gun crimes throughout the southside of the Tidewater region. ■ Attachments: Ordinance and Grant Award Letter Recommended Action: Adopt the Ordnance Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: 0" Q cj,& 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE $99,901 FROM THE 3 DEPARTMENT OF JUSTICE TO THE FY 4 2004-05 OPERATING BUDGET OF THE 5 COMMONWEALTH'S ATTORNEY TO PROSECUTE 6 GUN CRIMES 7 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 8 awarded a Project Safe Neighborhood Grant by the United States 9 Department of Justice to hire an attorney to prosecute unlawful 10 possession and use of weapon cases in Virginia Beach, Chesapeake, 11 Portsmouth, and Norfolk; and 12 WHEREAS, pursuant to a Memorandum of Understanding between the 13 localities, this attorney will prosecute cases in all four cities, 14 with the Virginia Beach Commonwealth's Attorney overseeing this 15 prosecutor and providing office space. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That $99,901 is hereby accepted from the United States 20 Department of Justice and appropriated to the FY 2004-05 Operating 21 Budget of the Commonwealth' Attorney to prosecute gun crime, with 22 federal revenue increased accordingly. 23 2. That one full-time Assistant Commonwealth's Attorney 24 position is added to the FY 2004-05 Operating Budget of the 25 Commonwealth's Attorney, with the understanding that this position 26 is contingent on future funding from the United States Department 27 of Justice. NK 1 Adopted by the Council of the City of Virginia Beach, Virginia on the day of APPROVED AS TO CONTENT -, , _ " �j Management Services 2004. APPROVED AS TO LEGAL SUFFICIENCY ly � City Attorney's OiFfice CA409 R-2 October 14, 2004 H:\PA\GG\ORDRES\Project Save Neighborhood ord.doc U.S. Department of Justice United States Attorney Eastern District of Virginia Main Street Centre 8041819-5400 600 E. Main Street, Suite 1800 Fax 8041771-2316 Richmond, Virginia 23219-2447 August 10, 2004 Ms. Catherine Whitesell Director of Management Services Municipal Center City of Virginia Beach Virginia Beach, Virginia 23456 Re: United States Department of Justice Grant Dear Ms. Whitesell: Per the request of Commonwealth's Attorney Harvey Bryant, I am writing to advise you regarding a federal grant that will benefit the City of Virginia Beach, as well as other southside cities. As part of the President's Project Safe Neighborhood gun crime initiative, federal grants were approved for each of the 93 federal districts and designated to benefit local law enforcement efforts to investigate and prosecute gun crime. In Southeastern Virginia, approximately $100,000 of these grant funds have been specifically allocated toward the creation of a regional firearms prosecutor, who will be tasked with prosecuting gun crimes throughout the southside of the Tidewater region. This represents a one-time grant, with future federal funding unspecified at this point. Because of our strong partnership with Harvey Bryant, we have sought and received his agreement to oversee this prosecutor and provide office space. This would entail treating this prosecutor as a Virginia Beach employee though this regional prosecutor will also serve all of the local Commonwealths' Attorneys on the southside. It is anticipated that a Memorandum of Understanding will be executed by all the relevant parties setting forth all the terms of this relationship. Should you have any questions, please do not hesitate to call me. We look forward to working with the Commonwealth's Attorney and appreciate the support of Virginia Beach. Sincerely yours, PAUL J. McNULTY United States ttor/fey By: Brian L. Whisler Assistant United States Attorney Project Safe Neighborhoods Coordinator cc: Harvey L. Bryant, III, Esq. pA ca` ee�'T sf lot CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to accept and appropriate $944,668 from the Department of Justice to the FY 2004-05 Operating Budgets of the Police Department and the Commonwealth's Attorney and add 5 full time positions to the FY 2004-05 Operating Budget of the Commonwealth's Attorney MEETING DATE: October 26, 2004 ■ Background: The United States Department of Justice's Office on Violence against Women has awarded a grant in the amount of $944,668 to the Virginia Beach Commonwealth's Attorney under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. The grant award is to encourage the treatment of domestic violence and sexual assault as serious violations of criminal law. The program enhances victim safety and offender accountability in cases of domestic violence and dating violence by encouraging jurisdictions to implement mandatory and pro -arrest policies as an effective domestic violence intervention that is part of a coordinated community response. An integral component of Arrest Program initiatives is the creation and enhancement of collaborative partnerships between criminal justice agencies, victim services providers, and community organizations which respond to domestic violence. In Virginia Beach, as in most communities, the law enforcement and judicial systems are complex and have many participants. It is very difficult for all the participants, even with all good intentions, to ensure that there is a coordinated, collaborative approach for victims of domestic violence. As a result, communication breakdowns can cause perpetrators to not be held accountable for their actions. With this grant, the Commonwealth Attorney and Samaritan House will take the lead on establishing processes, information sharing (with appropriate safe -guards to protect victim confidentiality) and training to substantially improve the services to victims. With this grant, there will be sufficient funds to provide for full prosecution of all domestic violence misdemeanor and protective order violations. Each year in Virginia Beach there are about 600 domestic violence protective orders issued and over 2,200 misdemeanor domestic violence cases (see the table on the next page for additional information). The grant will allow the formation of the Community Domestic Violence Team that will include, at a minimum, representatives from the Commonwealth Attorney's office, Samaritan House, Police Department, Department of Human Services, Department of Public Health, Parole/Probation Office, and Navy Family Advocacy. Samaritan House will take the lead on this phase of the project. Local Demographic Statistics Virginia each Total Population 2001 425,000 Estimated number of domestic violence protective orders annually 600 Annual number of misdemeanor domestic violence cases 2,200 Number of families receiving TANF in 2001 1,246 Median income $53,540 Violent Crime Rate per 1, 000 population, 2001 198.7 Cases of child abuse and neglect 2000-01 944 Rate of child abuse and neglect per 1,000 population 8.0 Percent by ethnicity Caucasian 71 % African American 19% Hispanic 4% Asian 5% Other 1 % Number of military personnel 31,000 Annual Samaritan House crisis hotline calls 4,500 Daily Samaritan House emergency and transitional shelter rate 100 60%<18 ■ Considerations: The grant period runs from 9/1/2004 through 8/31/2006, and provides funding for two assistant commonwealth's attorneys, a paralegal, a clerical position, and a victim witness caseworker in the Commonwealth's Attorney's office. The grant also provides funds for police officer and probation officer overtime pay, as well as contractual funds to cover the salaries of two Victim Advocates from Samaritan House. The budget breakdown is as follows: Category Commonwealth Attorney Police Department Probation/Parole Salaries $419,495 Fringe Benefits 125,848 Overtime & Benefits $115,315 $38,438 Travel 26,507 10,500 2,625 Telephone 5,400 1,080 1,080 Computer Workstations 11,000 2,200 2,200 Furniture 7,500 Supplies & Postage 3,400 Pagers/Cell phones 4,800 Cubicle Renovation 10,000 Printing 13,320 Victim Advocates - Samaritan House 134,400 Computers, Furniture, Telephone for Victim Advocates 9,560 $771,230 $129,095 $44,343 TOTAL GRANT $944,668 It is understood that these five additional positions in the Commonwealth Attorney's office are grant -funded positions that are subject to termination at the end of the grant period. The City is under no obligation to continue to fund these positions when the grant expires. ■ Public Information: Public information will be handled through the normal agenda process. ■ Alternatives: Turn down the grant and continue with the status quo, being unable to prosecute violations of protective orders. ■ Recommendations: Accept and appropriate the Grant to Encourage Arrest Policies and Enforcement of Protection Orders. Appropriate funds to the FY 2004-05 Operating Budgets of the Commonwealth Attorney and Police Department, with five full-time positions added to the Commonwealth's Attorney. ■ Attachments: Grant Award Letter and Ordinance Recommended Action: Adopt the Ordinance Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: CrIJL-,- ' 1 AN ORDINANCE TO ACCEPT $944,668 FROM 2 THE DEPARTMENT OF JUSTICE AND TO 3 APPROPRIATE $815,573 TO THE 4 COMMONWEALTH'S ATTORNEY'S FY 2004-05 5 OPERATING BUDGET AND $129,095 TO THE 6 POLICE DEPARTMENT'S FY 2004-05 7 OPERATING BUDGET FOR THE PROSECUTION 8 OF DOMESTIC VIOLENCE CASES 9 WHEREAS, the Virginia Beach Commonwealth's Attorney has been 10 awarded funding for the Grants to Encourage Arrest Policies and 11 Enforcement of Protection Orders Program by the United States 12 Department of Justice to provide for full prosecution of all 13 domestic violence misdemeanor and protective order violations. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That $944,668 is hereby accepted from the Department of 18 Justice, with $815,573 of this amount appropriated to the FY 2004- 19 05 Operating Budget of the Commonwealth' Attorney to prosecute 20 domestic violence misdemeanor and protective order violations, and 21 the remaining $129,095 appropriated to the FY 2004-05 Operating 22 Budget of to the Police Department for overtime and other costs 23 associated with the enforcement of protective orders. 24 2. That two full time Assistant Commonwealth's Attorneys, 25 one full-time paralegal position, one full-time clerical position, 26 and one full-time victim witness caseworker position are added to 27 the FY 2004-05 Operating Budget of the Commonwealth's Attorney, 28 with the understanding that these positions are contingent on 29 future funding from the United States Department of Justice. 30 30 31 3. That revenue in the FY 2004-05 Operating Budget from the federal government is hereby increased by $944,668. Adopted by the Council of the City of Virginia Beach, Virginia on the day of APPROVED AS TO CONTENT Management Services Services 2004. APPROVED AS TO LEGAL SUFFICIENCY 4A 44 -� City Attorney'zCtffice CA9408 R-2 October 14, 2004 H:\PA\GG\ORDRES\Orders of Protection ord.doc U.S. DEPARTMENT OF JUSTICE PAGE 1 OF 3 Office on Violence Grant Against Women x*n . .,. I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2004-WE-AX-0033 City of Virginia Beach Municipal Center 2501 James Madison Blvd. 5. PROJECT PERIOD: FROM 09/012004 TO 08/31/2006 Virginia Beach, VA 23456-3701 i BUDGET PERIOD: FROM 09/012004 TO 08/31/2006 6. AWARD DATE 09/13/2004 8. SUPPLEMENT NUMBER 7. ACTION Initial I A. GRANTEE IRSNENDOR NO. 540722061 00 � 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD S 944,668 FY 2004 Grants to Encourage Arrest Policies and Enforcement of Protection 11. TOTAL AWARD $ 944,668 Orders Program 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 USC 5 3796hh 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Diane M. Stuart lames Spore City Manager Director, Office on Violence Against Women 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. WE04DO0006 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X A W4 29 00 00 944668 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) U.S. Departmen-t of Justice Office of Justice Pro grams " Office of Comptroller Washington, D.C. 240531 Mr. James Spore City Manager Municipal Center 2501 James Madison Blvd. Virginia Beach, VA 23456 - 3701 Reference Grant Number: 2004-WE-AX-0033 Dear Mr. Spore: I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category BUDGET PERSONNEL $537,766 FRINGE BENEFITS $161,330 TRAVEL $39,632 EQUIPMENT $30,300 SUPPLIES $3,400 CONSTRUCTION $0 CONTRACTUAL $134,400 OTHER $ $ ! � 7 �e% i r ��f fC VgC2 � 1 TOTAL DIRECT COST $944,668 �/ / y�:' l INDIRECT COST $0 ✓� ' 0 Ll TOTAL PROJECT COST $944,668 7 / �- Q'j.� t j) j �E 2 I . �? ,� fix^ �` Federal Funds Approved: $944,668 Non -Federal Share: $0 If you have questions regarding this award, please contact: - Program Questions, Ila A. Blue, Program Manager at (202) 305-2713; and - Financial Questions, the Office of the Comptroller, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, 9 Cynthia J. Schwimer Comptroller U.S. Department of Justice Office on Violence Against Women September 13, 2004 Washington, D.C. 20531 Mr. James Spore City of Virginia Beach Municipal Center 2501 James Madison Blvd. Virginia Beach, VA 23456-3701 Dear Mr. Spore: On behalf of Attorney General John Ashcroft, it is my pleasure to inform you that the Office on Violence Against Women has approved your application for funding under the FY 2004 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program in the amount of $944,668 for City of Virginia Beach. This award provides the opportunity for recipients to develop and strengthen effective. responses to violence against women. This grant award, made under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, is to encourage the treatment of domestic violence and sexual assault as serious violations of criminal law. Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact Ila A. Blue at (202) 305-2713. For financial questions, contact the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Diane A Stuart Director, Office on Violence Against Women Enclosures U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 1053I September 13, 2004 Mr. James Spore City of Virginia Beach Municipal Center 2501 James Madison Blvd. Virginia Beach, VA 23456-3701 Dear Mr. Spore: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, each grantee that receives $500,000 or more (pr $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy -to -follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The Seven -Step Guide to the Design and Development of an EEOP will assist you in completing this requirement. The Seven -Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (http://www.ojp.usdoj,gov/ocr/). Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. t If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within the past two years, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OC NOTE: If agency has under 50 employees, regardless of amount of award, no ESOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. This Certification Form may also be downloaded from OCR's home page on the Internet PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no ESOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of ON funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2The employment practices of certain Indian tribes are not covered by Title VII of the Civil Rights Act of 1964, 4 I U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION SHEET PAGE 2 OF 3 Office on Violence Grant Against Women PROJECT NUMBER 2004-WE-AX-0033 AWARD DATE 09/13/2004 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OV W. 5. The Director of OV W, upon a finding that there has been substantial failure by the grantee to comply with applicable laws, regulations, and/or the terms and conditions of the grant or cooperative agreement, will terminate or suspend until the Director is satisfied that there is no longer such failure, all or part of the grant or cooperative agreement, in accordance with the provisions of sections 802 and 803 of title I of the Omnibus Crime Control and Safe Streets Act and 28 CFR Part 18, as applicable mutatis mutandis. 6. The grantee agrees to comply with all relevant statutory and regulatory requirements including, but not limited to, the Violence Against Women Act of 1994, P. L. 103-322, the Violence Against Women Act of 2000, P. L. 106-386, the Safe Streets Act, 42 U.S.0 3711 et seq., and STOP Violence Against Women Formula and Discretionary Grants Program Final Rule, 28 CFR Part 90. I 7. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period. Progress reports must be submitted within 30 days after the end of the reporting periods, which are January 1-June 30 and July 1 - December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Beginning in 2004, grantees are required to submit this information online, through the Grants Management System (GMS), on the new semi-annual progress report for the relevant OVW grant programs. 8. A final report, which provides a summary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award, is due 120 days after the end of the award. Future awards may be withheld if the final report is delinquent. The Final Progress Report should be submitted through the Office of Justice Programs Grants Management System with the Report Type indicated as "Final". � I 9. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim -offender counseling; mandatory counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of perpetrators of domestic violence in anger management programs. OJP FORM 4000/2 (REV. 4-88) U.S. DEPARTMENT OF JUSTICE Ofrce ort Violence Against Women AWARD CONTINUATION SHEET Grant ' PAGE 3 OF 3 PROJECTNUMBER 2004-WE-AX-0033 AWARD DATE 09/13/2004 1 SPECIAL CONDITIONS 10. The grantee agrees to submit one copy of all reports and proposed publications funded by this agreement not less than twenty (20) days prior to public release, publication, or distribution for OVW review. 11. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following statements: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. 12. As a first time grant recipient, the grantee agrees to send its project coordinator to an OVW technical assistance new grantee orientation seminar. Additionally, if there is a change in the project coordinator during the grant period, the grantee agrees to send the new project coordinator, regardless of prior experience with this or any other federal grant, to an OVW technical assistance new grantee orientation seminar. 13. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars, workshops, or conferences not sponsored by OVW that project staff propose to attend using grant funds. The grantee must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. 14. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by the OVW Director prior to obligation or expenditure of such funds. 15. Under the Government Performance and Results Act (GPRA) and VAWA 2000, grantees are required to collect and maintain data that measure the effectiveness of their grant -funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effectiveness measures. Information that grantees must collect under GPRA and VAWA 2000 includes, but is not limited to: 1) number of persons served; 2) number of persons seeking services who could not be served; 3) number and percentage of arrests relative to the number of police responses to domestic violence incidents; 4) number of protection orders issued; and 5) number of victim advocates supported by grant funding. OJP FORM 400012 (REV. 4-88) Page I of 1 Virginia Beach Commonwealth's Attorney and Samaritan House Secure Grant to Aid Domestic Violence Victims Thursday, October 07, 2004 Media Contact(s) D2:22 PM Deborah Perkins (757) 427-8646 Virginia Beach's Commonwealth's Attorney Harvey L. Bryant announced today that his office has been awarded a Department of Justice grant to provide increased protection to victims of domestic violence. The amount of the award is 044,668 over two years. The Commonwealth's Attorney's Office and Samaritan House, a non-profit organization that ?rovides programs and services for victims of domestic violence, developed the grant application. The grant will add Five additional staff in the Commonwealth's Attorney's Office plus additional funding for the Virginia Beach Police Department, Probation and Parole Departments, and Samaritan House. `I am very appreciative of this opportunity to enhance the safety of victims of domestic violence," Bryant said. "This 7as been an area that we have desired to improve for some time. We have about 2,200 misdemeanors domestic violence -ases each year in our city, and this grant will enable us to prosecute any protective order violations. I commend the U.S. Department of Justice for recognizing the need to fund this important initiative. This is an excellent example of using tax collars to provide much needed public safety services." The grant enables the development of a "Domestic Violence Team" to further strengthen the collaboration of many Departments and organizations. Representatives will come from the City's Police and Human Services Departments, Commonwealth's Attorney's Office, Samaritan House and other organizations involved in the support for victims of Domestic violence. `Domestic violence affects too many families in our community. One in four women will experience violence at some .ime in their lifetime. It is critical that all components of the legal system are in place to provide the needed protections and services. That's why we are delighted to collaborate with the City to make this happen," said Samaritan House Executive Director Carolyn McPherson. Note to Media: A presentation announcing the grant will be made tonight at the Samaritan House 20th Anniversary Celebration. The event will be held at Shifting Sands Club, located on the Dam Neck Naval Base from 6 until 10 p.m. Samaritan House will also present the City of Virginia Beach with an award in recognition of the City's support over the years. article - Beach gets grant to pursue domestic violence cases )ublicafion:The Virginian-Pilot,Section: Hampton Roads,Page: I 9,Date: Friday, October 08, 2004 Beach orets or �n k1n rant ' t pursue doine,c--lic violence cases BYJONFRANK THE VI RG INI AN- P I LOIT VIRGINIA BEACH — Two years agyo, Virginia Beach attracted natioiial media atten- tion when state budget cuts forced prosecutors to stop prosecuting domestic. violei-R--e CNN arid Time rnaga- zine reported how states, especially Virginia, were, Aruz-ling with budget r shortfalls- because of tax cuts and economic sloNv(1owns, They used Virginia Beach as an example, But Thursday, Beach prosecutors announced their department has received a $944,669 grant from the U.S. Tusrice Dpartrnent to Provide ine-leased procases. tele'tion for victims of domestic violence - The prosectitofs office will hire tivo attorneys and three other staffers to concentrate on domestic violence cases, said Coinn)onurealth's Attorney Harvey L. Bryant Ill. Bryant said the grant will not only allow prosecutors to fult; prosecute domestic violence case.,.; but will let his office provide a prosecutor for protective -order violations, soniething that Ba as nareli done in the past ' fhe inoney will fund the new initiative for two years. Most of the grant - $771,000 - Will go to the corn.nionwealth's attorne)� s office. The rest will be divided Harvey L. anions other OLIJOCS that Bryant III participate in the cases. said the grant The Police Department will allow full will get $129,000 for prosecution overtime. of doniestic The state office of violencprobation and parole and e 0 aanlaritart House aI SO will receive some of the money, Bryant said. Virginia Beach has about ',)-'100 n-tisderneanor doniestic: violence cases a year. MReytch Ton Frank tit or jon.frank(i,pilotonline.com. Page I of 1 A01ye-PaDer - L. PLANNING Application of GREGORY F. and CHRISTIE L. HARRIS for discontinuance, closure and abandonment of a portion of an alley and incorporate this area into their lot at 809 Vanderbilt Avenue south of Maryland Avenue. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 2. Application of SUNKIST FARRELLI (ASH) for replacement of a Nonconforming Use Duplex at 305 261/2 Street. (DISTRICT 6 — BEACH) RECOMMENDATION: APPROVAL 3. Applications of O.B.F.P., INC. at 700 South Birdneck Road. (DISTRICT 6 — BEACH) a. MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council on June 23, 1986 in behalf of Aqua Sports, Inc.) to remove the rezoned area at the entrance into Ocean Breeze Festival Park b. Change of Zoning District Classification from A-12 Apartment to I-1 Light Industrial re Office Park c. Conditional Use Permit for a bulk storage yard for recreational vehicles and boats RECOMMENDATION: Q Wei "I 4. Application of FUNCTIONAL DEFENSIVE CONCEPTS, INC., DBA LINXX ACADEMY for a Change of Zoning from 0-2 Office to Conditional B-2 Community Business re Martial Arts School at 1320 Kempsville Road. (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council. will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, October 26, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 6 - BEACH 1. GREGORY F. AND CHRISTIE L. HARRIS Application: Discontinuance, closure and abandonment of a portion of an alley adjacent to 809 Vanderbilt Avenue. 2. O.B.F.P., INC. Application of O.B.F.P., Inc. for a Conditional Use Permit for a bulk storage yard on property located on South Birdneck Road (GPIN 24166780780000). 3. 0 B F P, INC. Application: Modification of Conditions for a Conti tional Use Permit approved by City Council on June 23, 1986 (Aqua Sports, Inc.) at 700 South Birdneck Road (GPIN24166623280000). 4. 0 B F P, INC. Application: Change of Zoning District Classification from A-12 Apartment to 1-1 Light Industrial at 700 South Birdneck Road (GPIN24166623280000). The Comprehensive. Plan designates this site as being part of the Primary Residential Area, suitable for appro- priately located suburban residential and non-residential uses consis- tent with the policies of the Comprehensive Plan. 5. Sunkist Farrelli (Ash) Application: Replacement of a nonconforming use at 305 26ifz Street (GPIN 24280055430000). DISTRICT 2 - KEMPSVILLE 6. FUNCTIONAL DEFENSIVE CONCEPTS, INC. DBA LINXX ACADEMY Appli- cation:.ChanEe of Zoning District Classification from 0-2 Office to Con- ditional B-2 Community Business at 1320 Kempsville Road (GPIN 14654817160000). 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. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. 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 unpaired, call: Virginia Relay Center at 1-800-828-1120. The Planning Commission Agenda is available through the City's Inter- net Home Page at htti)://,ox.m.vbgov.com/planninpcommission Beacon Oct. 10 & 17, 2004 12112964 M-8 r vur � 00.9 D � k 008 013 Ol 1 007 v 006 00g � D� 03 Supplemental Information Zoning History Christine a {1 �, D �ooz 001 °500 a oo� .orris R I 10 R-10 R-10 R E0 Street Closure # DATE IREQUEST I ACTION 1 09/23/03 Street Closure Granted 2 10/23/90 Street Closure Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Gregory F. and Christie L. Harris — Street Closure (portion of an alley) MEETING DATE: October 26, 2004 ■ Background: Application of Gregory F. and Christie L. Harris for the discontinuance, closure and abandonment of a portion of an alley located adjacent to 809 Vanderbilt Avenue. The alley is located 100 feet from the southside of Maryland Avenue and runs 50 feet in a southerly direction. The applicant requests that the eastern half of the alley (375 sq. ft.) be closed. DISTRICT 6 — BEACH ■ Considerations: The applicant is requesting to close a portion of the 15 feet wide alleyway that runs north to south behind 809 Vanderbilt Avenue and incorporate this area into their lot. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issues' of future need of the right-of- way and consistency of development with the Comprehensive Plan. The proposal's strengths in addressing the 'Major Issues' are (1) The City has no future need for this right-of-way. There have been several other street closures granted for portions of the alley along this same block. There is a City policy aimed at disposing of undeveloped right-of-way to adjacent property owners in the Croatan community and using the funds generated to purchase/improve public access to Croatan beaches. (2) The continued use of the parcel for residential use is in conformance with the Comprehensive Plan. The Viewer's Committee and staff recommend approval of this request. The Planning Commission placed this item on the consent agenda because there is no future need for this right-of-way. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Gregory F. and Christie L. Harris Page 2 of 2 The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . 5 V-. M08-212-STC-2004 GREGORY & CHRISTINE HARRIS A=� Agenda Item # 9 September8, 2004 Public Hearing Staff Planner: Karen M. Prochilo The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: COUNCIL ELECTION DISTRICT: SIZE: Locabon and General Information Application for the discontinuance, closure and abandonment of a portion of an alley located adjacent to 809 Vanderbilt Avenue. Property located at 809 Vanderbilt Avenue. 6 — BEACH 375 square feet may' :'!1-1 i' Gregory F. & Christine L. Harris 'I,. No -0 boo, � VTU L� I _ �- `CG�YLA Q�Q A I0- e� r d� 10 ft-IC-IQ f 1 R !0 R-10 Street (;mire GREGORY & CHRISTINE HAR'RIS Agenda Item # 9 Page 1 SURROUNDING North: LAND USE AND South ZONING: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: • Single-family homes / R-10 Residential District • Single-family homes / R-10 Residential District • Single-family homes / R-10 Residential District • Single-family homes / R-10 Residential District There are no significant historical or cultural features on this site. The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Summary Of Proposal The applicant is requesting to close a portion of the 15 feet wide alleyway that runs north to south behind 809 Vanderbilt Avenue and incorporate this area into their lot. Major Issues oA.t_r:i:r .'Rt The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Current and/or future need for the right-of-way. • Consistency of any proposed development for the property with the Comprehensive Plan. GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 2 Comprehensive Plan The Comprehensive Plan recognizes this area as a Primary Residential Area. Staff Evaluation 'µ Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' above. The proposal's strengths in addressing the 'Major Issues' are (1) The City has no future need for this right-of-way. There have been several other street closures granted for portions of the alley along this same block. There is a City policy aimed at disposing of undeveloped right-of-way to adjacent property owners in the Croatan community and using the funds generated to purchase/improve public access to Croatan beaches. (2) The continued use of the parcel for residential use is in conformance with the Comprehensive Plan. The Viewer's Committee and staff recommend approval of this request subject to the following conditions. Conditions The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 3 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 4 Supplemental Information Zoning History Christine Street Closure # I DATE REQUEST ACTION 1 09/23/03 Street Closure Granted 2 10/23/90 Street Closure Granted GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 5 Public Agency Comments Public Works/ Public Utilties There are no public drainage or water /sewer facilities within the right-of-way proposed for closure. Not applicable — no comments. Not applicable — no comments. Public Schools Public Safety Private Utility Comments Virginia Natural Gas, Hampton Roads Sanitation District and Dominion Virginia Power do not have facilities within the area proposed for closure. GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 6 Aw, g. Exhibits Exhibit A Aerial of Site Location GREGORY & CHRISTI`NE HARRIS Agenda Item # 9 Page 7 Exhibit 8 Survey of Area tc be Closed "JA \i ;nro n jia r r: ivk < 3 i1 r NpOZ.0 i d r-O K y L 3� rs 33�.v i r I C, p v 1, i i I� r cr W b 2 d � GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 8 Exhibit C - 1 Disclosure Statement kI DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business. or other unincorporated organization, complete the following- 1. List the applicant name followed by the names of all officers, n embers, trustees. partners, et(,,. below: (Attach lisf if necessrxyj 2 List all businesses that have a that have, a rosiness entity? relationship with the appiicanL (Attach list if neress8ryj © Check here if the applicant is NOT a corporation, partnership, firer, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if plopedy owner -is diffeteof flora af)plicart. If the property owner is a corporation, partnership, flan, business, or other unincorporated organization, corplete the following: t. 1 ist the property owner name followed by the names of all officers. membe, s.. trustees, partner's, etc. beiowr (Attach fist ifnecessary) 2, List all businesses that have a that have a parent -subsidiary' of affiliated business entity' relationship with the applicant` (Attach list if n ecessaty,! n Cheek here if the property owner is NOT a corporation, partnN ship: firm, business, or other unincorporated organizaticn. & ` See next pages for fo,, Pnotes €>t:;; ore r?S7Y�:i-sti�n W 13 of t4 GREGORY & CHRISTINE HARRIS Agenda Item # 9 Page 9 ~� ~� DISCLOSURE STATE ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not firnited to the providers of architectural services, real estate services, financial services. ZICCOUnting services, and le(yal o*miooa! (Attach list ifnecessary) sk oaoii p a u sx u ,lParent-subsidiary relationship` meana^orelationship that exists whenyne corporation directly or indirectly owns shares possessing more than 50 percent of tho voting power nfanother comooation,~ See State arid Local Government Conflict of �"Afhliged business entity nelaVonshp^ nnoans^arelationship, other than parent-sub,idiaryrelationship. that exists when (i)onmbusiness entity has m controlling ownership interest inthe mho,hvx/n(.,,xx entity, (U) a controlling owner in one entity isalso acontrolling owner inthe othe/enbty.ur(iii) there |oshared management orcontrol between the business entities. Factors that should b* considered in determining the existenco of ,in itiffiliated bUSjY)0,SS entity redatjonslbif) include that the same person or Substantially the sarne person own or rmanmge Ihe. bo.,o entities; there are common o/commingled funds o/aoaeta�[fie business entities sha,e the use of the same offices or employees or otherwise share activities, iesources or personnel onuregular boois�orthere isotherwise nclose working relationship between the entities," See State and Local Government Conflict of lilterests Act, Va. Code g22-31O1, CERTIFICATION: I certify that the information contained hes,inis tnwand accurate. | understand that, upon receipt ofnotification (pcstosnd) that the application has been scheduled for public hearing, | am responsible for obtaining and posting the required s,ign on the N 1 propertv at least 30d i Ihoxcheduiedpublic heahng according to the instrUctions in this package. Appli-cant's Signature plin! Name - creoorz rxao�v _Pr_i,n_t _Name Exhibit n� � ����xn�»��� �� ~ m. Disclosure Statement gil ~ Agenda Item # 9 Page 10 '`' Item #9 Gregory F. and Christie L. Harris Discontinuance, closure and abandonment of a portion of an alley located adjacent to 809 Vanderbilt Avenue District 6 Beach September 8, 2004 CONSENT William Din: Our next item is Item #9 Gregory F. and Christie L. Harris. This is discontinuance, closure and abandonment of a portion of an alley located adjacent to 809 Vanderbilt Avenue located in the Beach District. Eddie Bourdon: Thank you very much Mr. Secretary. Eddie Bourdon, a Virginia Beach attorney. I represent Mr. & Mrs. Harris and all the conditions as recommended are acceptable. Again, we appreciate being on the consent agenda. William Din: Is there any opposition to that being placed on consent? Thank you. Ms. Anderson is going to explain this one. Janice Anderson: Thank you. This is an application to close an abandoned alleyway. It is located up there in Croatan. The alleyway is not used by Virginia Beach and Virginia Beach doesn't see any future use in the alleyway. There will be 15 feet added to the residential parcel and there have been several other street closures of this type in the neighborhood so we recommend approval to Council. William Din: Thank you Ms. Anderson. Madame Chair, I would like to make a motion to approve Item #9 Gregory F. and Christie L. Harris. This is street closure and abandonment of a portion of an alley located at 809 Vanderbilt Avenue in the Beach District with four conditions. Dorothy Wood: Do I hear a second? Eugene Crabtree: I'll second it. Dorothy Wood: Seconded by Gene Crabtree. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY ABSENT KATSIAS AYE KNIGHT AYE Item #9 Gregory F. and Christie L. Harris Page 2 MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 10-0, the consent agenda item has been approved by the Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN 15' ALLEY TO BE CLOSED (PORTION OF ALLEY TO BE CLOSED = 375 SQ. FT. / 0.009 ACRES) AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 18, BLOCK 13, CROATAN BEACH, M. B. 24, P. 27 TO BE CLOSED VIRGINIA BEACH, VIRGINIA": WHEREAS, GREGORY F. HARRIS and CHRISTIE L. HARRIS applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: GPIN: 2426-37-6831, 2426-37-6735, 2426-37-6815 and 2426-37-5708 1 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 All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PORTION OF ALLEY TO BE CLOSED (375 SQ. FT./0.009 ACRES)" as shown as the hatched area on that certain plat entitled: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 18, BLOCK 13, CROATAN BEACH M.B. 24, P. 37 TO BE CLOSED, VIRGINIA BEACH, VIRGINIA" Scale: 1" = 20', dated June 8, 2004, prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is attached hereto as Exhibit A. QF(`TTC)XT TT The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 2 64 4. Closure of the right-of-way shall be contingent upon compliance with the 65 above stated conditions within one year of approval by City Council. If all conditions noted 66 above are not in compliance and the final plat is not approved within one year of the City 67 Council vote to close the street, this approval will be considered null and void. 68 69 70 SECTION III 71 72 1. If the preceding conditions are not fulfilled on or before October 25, 2005, 73 this Ordinance will be deemed null and void without further action by the City Council. 74 2. If all conditions are met on or before October 25, 2005, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 78 may be requested to convey such interest, provided said documents are approved by the City 79 Attorney's Office. O, 81 SECTION IV 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 83 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 84 VIRGINIA BEACH as "Grantor" and GREGORY F. HARRIS and CHRISTIE L. HARRIS as 85 "Grantee." :. 3 87 88 of 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Adopted by the Council of the City of Virginia Beach, Virginia, on this day , 2004. CA-9250 Date September 14, 2004 FAData\ATY\Forms\Street Closure\WORKING\CA9250.doc 4 APPRO ED AS TO CONTENT: /D-/-W Planninf Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney N N N N D J V Z O U m U G W S 85'45'45" W 107.50' total 100.00, /I7 50 m y z pox omz m O m D p o i \L, < O A . 00 D C-) A Z 1�1 orn u (t?� ✓� ` J W m / 17.50 m C) as 00 q o o 100.00' (1a4a1),09'LOt 3 „9b,9V.S9 N o � z z n ? o D i o G r G n < a U �m G { J m G O Z r m> m �m v � z v wO J Z NO � D \o < D D v � D C) m A �� �z >� —� ^'wo h.�Do�oy o �n, mmN Dr �� 4 2 ➢ > n' ZD>v= r CD z� � N W m 6o a°°Th e N➢A� o m Dm m io A a yoy > 0 o Z _ o W m RGNq D4 3ne 301'31n DR O A v 3nd 1-1l '830NVn i = 0 Y v y 1N S o3ny DIlN �1N NH300 O"NN n,, Supplemental Inform ion Zoning History # I DATE I REQUEST CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sunkist Farrelli — Reconstruction of a Nonconforming Use MEETING DATE: October 26, 2004 ■ Background: An Ordinance upon Application of Sunkist Farrelli for the reconstruction of a nonconforming use on property located at 305 26Y2 Street (GP IN 24280055430000). DISTRICT 6 — BEACH ■ Considerations: The applicant has an existing duplex structure on a 2,450 square foot parcel. The RT-3 Resort Tourist District does not permit new duplexes; therefore re- construction as a duplex requires City Council approval. The applicant has submitted a site plan and building elevations for the new duplex that shows a significant improvement over what exists. The existing duplex is over 80 years old and is in a deteriorating condition. The new duplex will be compatible with the existing architectural styles found in the surrounding neighborhood. The proposed site plan depicts a building footprint of 36-feet in depth and 30-feet in width. Second and third floor decks extend 6-feet into the side yards. One exterior parking space per unit is shown along with landscaping on the sides and front of the building. The proposed plan centers the structure on the lot while providing hard surface parking and landscaping where none currently exists. The submitted elevations depict an attractive "cottage style" look, similar to the structures recently approved directly across the alley. The proposed structure is 3-stories in height with parking on the ground level and living area on the second and third floors. The exterior building materials include split -face block on the first level (garages), and hardi-plank siding on the second and third levels. The proposed colors will be white, earth tone, or pastels. A roof provides a covered porch for the occupants of the third floor deck. The decks are to be constructed of salt treated lumber, and will have white vinyl -clad trim and handrails. The roof is to be of architectural shingles. ■ Recommendations: Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use may be modified only if the City Council finds that the proposed use, as modified, will be "equally appropriate or more appropriate to the district than is the existing nonconformity." 1 A RESOLUTION AUTHORIZING THE RECONSTRUCTION 2 OF A NONCONFORMING DUPLEX ON PROPERTY 3 LOCATED AT 305 261� STREET (BEACH DISTRICT) 4 5 WHEREAS, Sunkist Farrelli (hereinafter the "Applicant") has 6 made application to the City Council for authorization to 7 reconstruct a nonconforming duplex situated on a certain lot or 8 parcel of land having the address of 305 26 1-� street, in the RT- 9 3 Resort Tourist District; and 10 WHEREAS, the said duplex is a nonconforming use, in that 11 duplexes are not permitted in the RT-3 Resort Tourist District; 12 and 13 WHEREAS, pursuant to Section 105 of the City Zoning 14 Ordinance, the reconstruction of a nonconforming use or 15 structure is unlawful in the absence of a resolution of the City 16 Council authorizing such action upon a finding that the proposed 17 use or structure, as reconstructed, will be equally appropriate 18 or more appropriate to the zoning district than is the existing 19 structure; 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That the City Council hereby finds that the proposed 23 duplex, as reconstructed, will be equally appropriate to the 24 district as is the existing structure. 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the proposed reconstruction of the Applicant's duplex 28 is hereby authorized, upon the following conditions: 29 1. The site shall be developed in substantial accordance 30 with the submitted site plan entitled NNA DUPLEX HOUSE 31 RESIDENCE," prepared by G. M. Frech and Associates, dated 32 September 15, 2004, which plan is on file in the City of 33 Virginia Beach Planning Department; 34 2. The proposed structure shall be developed in 35 substantial accordance with the submitted elevations entitled "A 36 DUPLEX HOUSE RESIDENCE", prepared by G. M. Frech and Associates, 37 dated September 15, 2004, which elevations are on file in the 38 City of Virginia Beach Planning Department. 39 3. Building materials shall consist of split -face block 40 on the first level, and hardi-plank siding on the second and 41 third levels. Decks shall be constructed of salt -treated lumber; 42 roofing materials shall consist of architectural shingles. 43 Exterior building colors shall be white, earth tone, or pastels; 44 4. The finished floor of the garage shall be a minimum of 45 one foot above the base flood elevation in accordance with the 46 Federal Emergency Management Agency (FEMA) flood hazard maps for 47 the City of Virginia Beach. There shall be no living area on the 48 first level of the structure; and PA SUNKIST FARRELLI Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the City Council to assist it in making a decision regarding this application. Location and General Information REQUEST: Replacement of a Nonconforming Use — Demolish and Replace a Duplex LOCATION: Property located at 305 26t" and Y2 Street Gpin 2428-00-5543 GPIN: 2428005543 SUNKIST FARRELLI Page 1' COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 2,450 square feet EXISTING A duplex dwelling currently occupies the property. The site is zoned LAND USE: RT-3 Resort Tourist District. SURROUNDING • A duplex structure with a detached apartment on a LAND USE AND North: 4,550 square foot lot / RT-3 Resort Tourist District ZONING: . Directly across the alley are two recently approved single-family dwellings / RT-3 Resort Tourist South: District • 7-11 Convenience Store / RT-3 Resort Tourist East: District • Single-family dwelling fronting on 27t" Street / A-12 West: Apartment District NATURAL The lot is located at one of the lowest elevations, if not the lowest RESOURCE elevation, in the immediate area. As a result, flooding has occurred AND on numerous occasions causing extensive damage to the building. CULTURAL CIP Project 7-145 is underway to rectify this problem to the greatest FEATURES: extent possible. The existing structure was constructed in 1925, and is reminiscent of the traditional "beach cottage" architectural style found within this area of the city. AICUZ: The site is in an AICUZ area of 65-70dB Ldn surrounding NAS Oceana. Summary Of 'moose The applicant has an existing duplex structure on a 2,450 square foot parcel. The RT-3 Resort Tourist District does not permit new duplexes; therefore re -construction as a duplex requires City Council approval. The applicant has submitted a site plan and building elevations for the new duplex that shows a significant improvement over what exists. The existing duplex is over 80 years old and is in a deteriorating condition. The SUNKIST FARRELLI Page 2 new duplex will be compatible with the existing architectural styles found in the surrounding neighborhood. The proposed site plan depicts a building footprint of 36-feet in depth and 30-feet in width. Second and third floor decks extend 6-feet into the side yards. One exterior parking space per unit is shown along with landscaping on the sides and front of the building. The proposed plan centers the structure on the lot while providing hard surface parking and landscaping where none currently exists. The submitted elevations depict an attractive "cottage style" look, similar to the structures recently approved directly across the alley. The proposed structure is 3- stories in height with parking on the ground level and living area on the second and third floors. The exterior building materials include split -face block on the first level (garages), and hardi-plank siding on the second and third levels. The proposed colors will be white, earth tone, or pastels. A roof provides a covered porch for the occupants of the third floor deck. The decks are to be constructed of salt treated lumber, and will have white vinyl -clad trim and handrails. The roof is to be of architectural shingles. 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. • Ensuring that the proposed reconstruction and relocation of the nonconforming duplex structure is no more detrimental to the surrounding neighborhood and is as appropriate to the district as the existing structure. Comprehensive Plan The Comprehensive Plan designates this area of the city as the Resort Area, an area planned for resort uses including lodging, retail, entertainment, recreational, cultural, and other uses. One of the key strategic goals listed in the Comprehensive Plan for the Oceanfront Planning Area is to "attain the highest possible standards regarding the use SUNKIST FARRELLI Page 3 and design of all private development and public improvements." In addition, the Old Beach District Concept Plan identifies the area between 22"d Street and 27th Street as a stable residential neighborhood. Enhancement of residential properties in this area will support the Plan's goal to maintain the stability of the neighborhood. The renovation design and materials should be complementary to the surrounding area and development. Staff Evaluation Staff recommends approval of this request subject to the conditions below. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the `Major Issue' identified above. Section 105(d) of the City Zoning Ordinance states that no nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It is staff's position that this proposed change is more appropriate to the district than the existing nonconformity. This proposal does not represent an increase in density. The Old Beach neighborhood contains the full range of residential uses and some motel uses. The zoning in this area also reflects this variety. A large percentage of these uses are nonconforming in either their setbacks or number of dwelling units on a lot. Most of the remaining older structures, including the subject structure, have a traditional "beach cottage" architectural style. The proposed new structure will enhance the area by maintaining the beach cottage theme while rectifying damage and maintenance problems with the existing building. The proposed new structure will contribute to the stability of the neighborhood and enhance the area. Conditions 1. The site shall be developed in substantial accordance with the submitted site plan entitled "A DUPLEX HOUSE RESIDENCE", prepared by G. M. Frech and Associates, dated September 15, 2004. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed structure shall be developed in substantial accordance with the submitted elevations entitled "A DUPLEX HOUSE RESIDENCE", prepared by G. M. Frech and Associates, dated September 15, 2004. Said plans are on file in the City of Virginia Beach Planning Department. SUNKIST FARRELLI Page 4 3. Building materials shall consist of split -face block on the first level, and hardi- plank siding on the second and third levels. Decks shall be constructed of salt - treated lumber; roofing materials shall consist of architectural shingles. Exterior building colors shall be white, earth tone, or pastels. 4. The finished floor of the garage shall be a minimum of one -foot above the base flood elevation in accordance with the Federal Emergency Management Agency (FEMA) flood hazard maps for the City of Virginia Beach. There shall be no living area on the first level of the structure. 5. Demolition of the existing structure shall commence within 30 days of the adoption of this Resolution, and further construction shall be performed with due diligence. 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. SUNKIST FARRELLI Page ,5_ Supplemental Information Zoning History # DATE I REQUEST ACTION SUNKIST FARRELLI Page -6 1. 3-24-04 Replacement of a Nonconforming Use (Replacement Approved of 2 multiple -family dwellings with 2 single-family dwellings) 4-28-92 Conditional Use Permit (bungee jumping) Denied 9-12-83 Conditional Use Permit (motel units) Denied 2. 4-12-94 Conditional Use Permit (temporary commercial parking Approved lot) 3. 12-17- Conversion of Nonconforming Use Approved 96 4. 4-23-96 Conditional Use Permit (housing for the elderly) Approved 5. 6-11-84 Conditional Use Permit (garage apartment) Approved 6. 3-19-79 Conditional Use Permit (bike rentals) Approved 7. 10-15- Rezoning (R-1 Residential to R-3 Residential) Approved 73 12-13- Rezoning (B-1 Business to M-H Motel -Hotel) and a Approved 71 Conditional Use Permit (34 unit motel) 8. 12-9-68 Rezoning (B-1 Business to M-H Motel -Hotel) and a Approved Conditional Use Permit (45 motel efficiency units) 3-20-68 Rezoning (R-3 Residential to B-1 Business) Approved 9. 7-8-63 Conditional Use Permit (apartments) Approved 10. 4-27-70 Conditional Use Permit (apartments) Approved 7-14-69 Conditional Use Permit (apartments) Approved 4-14-69 Conditional Use Permit (apartments) Approved 11. 6-11-02 Expansion of a Nonconforming Use Approved Public Agency Comments Public Works Capital Improvement Proiect 7-145 "Arctic Avenue — Baltic Avenue Drainaae" has been funded to identify and analyze the existing drainage system in the general area of Arctic Avenue and Baltic Avenue from 27t" Street to 21st Street. The project provides for the design and construction of necessary and feasible improvements for drainage in the area identified above. The project is designed for a 10-year flood event and will do much to improve the flooding issues within the area. Construction of the final phase of the project will begin in July 2005. In addition, the gravity sanitary sewer in 26'/2 Street was recently replaced with a new eight -inch sewer line. Master Transportation Pacific Avenue in the vicinity of this application is a Plan (MTP): I major four -lane urban arterial roadway. It is des i Hated'' SUNKIST FARRELLI Page 7 on the MTP as a 70 foot undivided right-of-way. No further improvements are scheduled for this road in the current adopted CIP. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Pacific Avenue 18,210 27,300 - 12 ADT' ADT' Proposed Land Use 3-12 Average Daily Trips s as defined by a duplex dwelling 3 as defined by duplex dwelling Public Utilities Water and Both units on this property are connected to City water and sewer. 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 strategies as they pertain to this site. Fire and Rescue: All fire protection requirements will be assessed during the building permit process. SUNKIST FARRELLI Page 8 Exhibits Exhibit A Aerial of Site Location SUNKIST FARRELLI Page 9 Exhibit B Existing Structure SUNKIST FARRELLI Page 10 GffA XALE _ V6" - t 0" a.xE: ✓x, - r-o, Exhibit C Proposed Building Elevation — Rear and Side Elevations SUNKIST FARRELLI Page 1.1 GMFRM,i tTES 4as. f0AWf run &LC*4 - �Wg W. 'WMIE, A aft,'X JCW r aEVA 7k>6 shm A -2 DATr ; �U SCALt ! A� L;qW R YA VQj — - ---- --- - Exhibit D Proposed Building Elevation — Front and Side Elevations SUNKIST FARRELLI Page 12 .......... ............. DISCLOSURE STATEMENT [ F, - ____ Exhibit E Disclosure Statement APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firrn, business,. or other unincorporated organization, complete the following: 1. List the applicant name followed by the narnes of all officers, rnembers, trustees, partners, etc. below: (Attachlist if necessar.1:) Z List all k,usir1eSSes that have a that have a pare nt-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if oecessaty) Ej Check here if the applicant is NOT a corporation; partnership, firm, bUslness, or, other unincorporated organization, Cor,aplete this, section oaily it prcypOtty r?t,1r17er is different from applic arat, If the property owner is a corporation, partnership, firm, business, or other Unincorporated organization, complete the following: 1, List the property owner name followed by the names of all officers, members. trustees, partners, etc, below,- (.Atlach list ii-n cessaly) r a, v, ; 2. List all businesses that have a that have a parent-sul:)sidiary' or affiliated business entity2 relationship with the applicant: (.Attach list if net-assaty) Chest hen,,_ if the property o°,;"a`ner is 11,10T a corporation, ri;titn rship, firm, bu::iCl? or other uninicorooraied organization, nex page frt r ;n, tes KJ 0 3 SUNKIST FARRELLI Page 13 IS L, S E ST T MEN ADDITIONAL DISCLOSURES List all known contactors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services. accounting services, and legal sen)ices: (Attach list if necessary) t .E a "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 0 percent of the voting power of another corporation." See State and Local tiovernrnent Conflict of Interests Act, Va, Code § 2.1-3101, z "Affiliated business entity relationship" paeans '-a relationship, other than parent -subsidiary relationship, that exists when (i) one lousiness entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also <a controlling owner in the other entity, or (iii) there is Shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated btjsine;ss entity relationship include that the same person or substantially the same person own or manage the two entities; there; are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close. working relationship between the entities.' See Mate and Focal Government Conflict of Interests Act, V a. Code § 22- 31Ct1. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public; hearing, i am responsible for obtaining and posting the, required sign on the subject property at least 30 drays pricer 4o the scheduled public. hearing acecretlti the instructions in this package. pl f ` nt'' Signa )erl,y phya ne s SrignL) ure (if di 'fcrent than i pplicant) flit- Name .. (' Print Mme; ,iis Exhibit E Disclosure Statement SUNKIST FARRELLI Paae 14 Map -6 Sunkist C. Farrelli Map Not to Scale Gpin 2428-00-5543 � x s Supplemental Information Zoninq History Zonin Chan e from A-12 to I-1 MODIFICATION OF C NDIT[ONS - REDUCTION IN LAND AREA Before October 1973 the site was zoned M-1 3 General Industrial District — recreational uses required a conditional use permit — and R-D 2 Residence Duplex 10/15/73 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17179 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course 7/5183 — Conditional Use Permit for a recreational facility of an outdoor nature OBFP Agenda Items # 14 W 5 Page 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: O.B.F.P., Inc. — Modification of Conditions and Change of Zoning District Classification MEETING DATE: October 26, 2004 ■ Background: An Ordinance upon Application of O B F P, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on June 23, Sports, Inc.). Property is located at 700 South Birdneck Road (GPIN24166623280000). DISTRICT 6 — BEACH 1986 (Aqua An Ordinance upon Application of O B F P, Inc. for a Change of Zoning District Classification from A-12 Apartment District to 1-1 Light Industrial District on property located at 700 South Birdneck Road (GPIN24166623280000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 6 — BEACH ■ Considerations: The applicant wishes to rezone the entrance into Ocean Breeze Festival Park on South Birdneck Road from A-12 Apartment to 1-1 Light Industrial and use this entrance for the recently rezoned site to the west, the proposed Birdneck Office Park. A rezoning of the entrance is necessary because under the provisions of the City Zoning Ordinance an access to an industrially zoned site is not allowed to go through a residentially zoned property. The proposed Capital Improvement Program project for South Birdneck Road will only permit a right in / right out entrance at the point where the office park originally desired access to Birdneck Road. The rezoning of the existing entrance to the amusement park will eliminate the need for a separate entrance to the office park and allow the office park full movements to and from Birdneck Road. If approved, the land area for Ocean Breeze Festival Park would then be reduced from 46.013 acres to 45.413 acres, which necessitates a modification to the amusement park use permit. The proposed rezoning for an access to the recently approved office -warehouse park will result in fewer traffic conflicts on Birdneck Road, consistent with the recommendation of the Master Transportation Plan. The use of the property to the north for an office -warehouse complex has previously been found by the City O.B.F.P., Inc. Page 2 of 2 Council to be appropriate for this location and consistent with the land use recommendations of the Comprehensive Plan. Staff also recommends approval of the Modification of a Conditional Use Permit requested to remove the rezoned area from the acreage covered by the provisions of the Conditional Use Permit governing the amusement park. Planning Commission placed the items on the consent agenda because it concluded the changes are appropriate for the site, staff recommended approval and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve the requests. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department Cq/1 City Manager: V v)`L L08-215-REZ-2004 OBFP INC. Agenda Items # 14 & 15 September 8, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location• General Information (14) Change of Zoning District Classification from A-12 Apartment to 1-1 Light Industrial (15) Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area. Property located at 700 South Birdneck Road 241666232870000 6 - BEACH s i I b1 r�0,.:..,. Lonln t"Ir from A- I Z CO 1- 1 MODIFICATION OF C6NDLf10NS - REDUCTION 1N LAND AREA OBFP Agenda Items # 14 &15 Page 1 SITE SIZE: 0.6 acres EXISTING LAND USE: The site is currently part of Ocean Breeze Festival Park SURROUNDING North: • Ocean Breeze Festival Park / A-12 Apartment LAND USE AND . South Birdneck Road ZONING: . Across South Birdneck Road is woods / 1-1 Light South: Industrial District • Woods, a public elementary school and public East: tennis courts / P-1 Preservation District West: • Undeveloped land / Conditional 1-1 Light Industrial NATURAL The site is within the Owls Creek watershed. Minor portions of the RESOURCE site have been identified as being located within the 100-year AND floodplain. Tidal wetlands have also been identified on the site. Any CULTURAL development involving these sensitive areas is subject to review and FEATURES: approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board. AICUZ: The site is in an AICUZ area of more than 75dB Ldn surrounding NAS Oceana. A small portion of the site adjacent to Birdneck Road is in an Aircraft Accident Potential Zone (APZ) 11. Summary of • +r • a The applicant wishes to rezone the entrance into Ocean Breeze Festival Park on South Birdneck Road from A-12 Apartment to 1-1 Light Industrial and use this entrance for the recently rezoned site to the west, the proposed Birdneck Office Park. The proposed Capital Improvement Program project for South Birdneck Road will only permit a right in / right out entrance at the point where the office park originally desired access to Birdneck Road. The rezoning of the existing entrance to the amusement park will eliminate the need for a separate entrance to the office park and allow the office park full movements to and from Birdneck Road. If approved, the land area for Ocean Breeze Festival Park would then be reduced from 46.013 acres to 45.413 acres. A rezoning of the entrance is necessary because under the provisions of the City Zoning Ordinance an access to an industrially zoned site is not allowed to go through a residentially zoned property. OBFP Agenda Items # 14 &15 Page 2 . ., Major Issues The following represent the significant issue identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which this issue is adequately addressed. • Consistency with the Comprehensive Plan recommendations for the area. RON Comprehelsive Plan The Comprehensive Plan Map designates this area as part of the Primary Residential Area. The Master Transportation Plan notes as part of Policy T-2-1 the following: As part of the City's policy to maximize the efficiency of the existing transportation network, this plan recognizes the importance of minimizing access points (curb cuts) along the City's arterials. These access points rob valuable capacity from the transportation system as vehicles transition between adjacent properties and the arterial roadway. Staff Evaluation r, Staff recommends approval of these requests for a Change of Zoning and for a Modification of a Conditional Use Permit. Staff's evaluation of this request reveals the proposal adequately addresses the 'Major Issue' identified above. The proposed rezoning is only for the entrance to the amusement park for the purpose of providing an access to the recently approved office - Agenda Items # 14 &15 Page 3 warehouse park that will result in fewer traffic conflicts on Birdneck Road, consistent with the recommendation of the Master Transportation Plan, noted above. The use of the property to the north for an office -warehouse complex has previously been found by the City Council to be appropriate for this location and consistent with the land use recommendations of the Comprehensive Plan. Staff also recommends approval of the Modification of a Conditional Use Permit requested to remove the rezoned area from the acreage covered by the provisions of the Conditional Use Permit governing the amusement park. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. OBFP Agenda Items # 14 &15 Page 4 h Supplemental Information Zoning History `�• ji � �ENO t Zoningg Chan e from A-12 to I-1 MODIFICATION OF CONDITFONS - REDUCTION IN LAND AREA Before October 1973 the site was zoned M-1 3 General Industrial District — recreational uses required a conditional use permit — and R-D 2 Residence Duplex 10/15/73 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4117/79 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course 7/5/83 — Conditional Use Permit for a recreational facility of an outdoor nature OBFP Agenda Items # 14 &15 Page 5 5/21/84 — Conditional Use Permit for a recreational facility of an outdoor nature — a recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use permit (D.B.2339, PG. 0993) 6/23/86 — Conditional Use Permit for recreational facilities of an outdoor nature: 1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and it tributaries impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zoning shall be initiated prior to the site plan approval. Re -vegetation will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on -site storm water retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface -parking areas shall be required providing that the underlying soil is suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook". 6. All lighting should be low level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited in height to 35 feet or less. 11. There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. 8/27/87 — Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) OBFP Agenda Items # 14 &1.5 Page 6 2/26/90 — Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud music performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4/23/90 — Reconsideration of Conditions 8 and 10: Condition 8: 1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. 2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only. Condition 10: 1. The proposed mechanical rides shall be located in the area marked "future development" on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in this area only. 2. A Board of Zoning Appeals variance is required for all structures exceeding the 35- foot height limitation, which may occur only in the area of Conditions 1 as, described above. 3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23,1 990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post -development tree inventory. This condition shall apply to al future development. 5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. OBFP Agenda Items # 14 &15 Page 7 6. All other conditions shall remain the same. 6/11/91 — Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) 9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site. The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only. B. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation which may occur only in the area of Condition 10A as described below. C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post -development tree inventory. This condition shall apply to all future development. E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): Agenda Items # 14 &15 Page 8 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air - filled safety bags may be used instead of netting. 2/11/03 — Conditional Use Permit — Recreational Facility of an Outdoor Nature (Amusement Park Racetrack) — Approved 1. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 2. The building shall be painted to match the existing color scheme of the other buildings in the Motorworld theme park. 3. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. A solid screen of plantings is not necessary for this project. Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued. 4. A site plan showing the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the western edge of the site shall be submitted to the Development Services Center for review and approval. 5. All conditions attached to the original use permit and all modifications shall remain in effect. 1/13/2004 - Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community -Business District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area — Approved. The following proffers are attached to the Conditional Rezoning: 1. Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split - face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. OBFP Agenda Items # 14 &15 Page 9 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on -site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting shall be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4/27/04 - Change of Zoning District Classification from R-10 Residential District and A- 12 Apartment District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area - Approved. The same proffers of the Rezoning on 1/13/04 (listed above) apply to the site. Public Agency Comments Public Works Master Transportation Birdneck Road in front of this site is a two-lane minor Plan (MTP): suburban arterial roadway. Birdneck Road is currently in the right-of-way acquisition process for widening from a tow -lane road to a four lane divided facility. Construction is scheduled to begin in December 2006 (CIP 2-149). OBFP Agenda Items # 14 &15 Page 10 The applicant must consult with the Public Works CIP, Real Estate and Traffic Divisions regarding proposed right-of-way dedications and proposed easement locations for the project. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - N/A 18,711 16,200 Birdneck Road ADT' ADT' Proposed Land Use 3 - 2,020 Average Daily Trips — Future capacity 28,200 as defined by undeveloped site 3as defined by 32 acre industrial park Public Utilities Water: Thirty -inch, twelve -inch and eight -inch water mains exist in South Birdneck Road in front of this site. The proposed development shall connect to City water. Hydraulic analysis plans and bonds are required for construction of the water system. Sewer: A ten -inch sanitary sewer main exists in Birdneck Road, approximately 400-feet south of the site. The proposed development shall connect to City sewer. Sewer analysis, pump station calculations, plans and bonds are required for connection to the sewer system. Developer pro-rata fees may apply due to the zoning change. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department issues will be examined during detailed site plan review. OBFP Agenda Items # 14 &15 Page 11 40. Xhi►its Exhibit A Aerial of Site Location OBFP Agenda Items # 14 &15 Page 12 tfffry EASSY «� �9Y h• a 4fra�t� c� gPa� Et": i y � J -1 -i i • 4 c> 3 r i C4 a f, % 1 a Exhibit B Proposed Site Plan OBFP Agenda Items # 14 &1-5 Page 13 to 9 jut ca ` to c d' Ut 6 AAA w V 'T C 65 -� Wyy E a 03 In n uq 4 a1 L— t 3 -. ✓; .x ri « CJ. C} G R C, - ¢ri C 1' y is L,�. � 4'.7s E l � y�� � t u � LZ c m 8 r qr E _!6 i p o 1 Eit M as Rot C q yy. all to r - f 2 2 £ C mm, i, 2 g 'wE E �+ � LS #11E � :� � G � � ", ✓4 � 6"s C. E ( Ey. ' V i .._. _... 5✓ ^k Tv �4i W .� El � Exhibit C Disclosure Statement OBFP Agenda Items # 14 &15 Page 14 Item 913, 14 & 15 O.B.F.P., Inc. Conditional Use Permit Modification of Conditions Change of Zoning District Classification 700 South Birdneck Road District 6 Beach September 8, 2004 CONSENT William Din: The next items are Items #13, 14 & 15. This is an application O.B.F.P., Inc. This is for a Conditional Use Permit for bulk storage on property located on the west side of General Booth Boulevard at property 2200 feet north of South Birdneck Road. Item #14 is a Modification of a Conditional Use Permit on this property. Item #15 is a Change of Zoning District Classification from A-12 Apartment District to I-1 Light Industrial District on property located 700 South Birdneck Road. All these three items are related and are located in the Beach District. Randy Royal: Good afternoon. Randy Royal, Engineering Services representing O.B.F.P. We've read the conditions and have no problem with them. Thanks for putting us on the consent agenda. William Din: Thank you. There are six conditions. Is there any opposition to placing this on consent? If not, Ms. Anderson would you explain this one please? Janice Anderson: Thank you Mr. Din. As Mr. Din stated, they're actually three applications for this development. The first one is a Conditional Use Permit for bulk storage. It is bulk storage for parking recreational vehicles. They will be RV's and boat trailers. There is, we believe, there is a need for this type of facility in the area. This parcel is at the end of Birdneck Office Park, which this office park is like a warehouse type office park and this would be the last parcel. Parking will be for 320 vehicles. The hours would be from 7:00 to 7:00. We believe this is an appropriate use. The actual parcel is heavily wooded. These trees would be maintained around the site where the parking is available. They claim to have gravel parking rather than paving on this site. So far, the vehicles will not be seen from the adjacent property, which is undeveloped at this time. And, especially there is a large 100-foot buffer from the Virginia Science Aquarium. So this parking facility will not be seen from the adjacent parcels. The second application is for a change in zoning of this small strip of land. It's actually .6 acres. The change of zoning from the A-12 to the 1-1 is to actually make it apart of the office parcel. That way they can have one entrance off South Birdneck Road, which would also serve this office park and Ocean Breeze. So, you're not adding additional access to South Birdneck Road. So, we require the change in zoning, and the third application is a modification of the Use Permit for an outdoor recreation facility, which of course is Ocean Breeze. They need the modification to that application since you are Item #13, 14 & 15 O.B.F.P., Inc. Page 2 reducing the land in Ocean Breeze by .6 acres. The Commission believes it's an appropriate use and with the conditions that are placed on it we recommend approval to Council. William Din: Thank you Ms. Anderson. Madame Chair, I would like to make a motion to approve Items #13, 14, & 15. This O.B.F.P. This is a Conditional Use Permit for bulk storage, a Modification of a Conditional Use Permit, and a Change of Zoning District Classification from A-12 Apartment District to I-1 Light Industrial located in the Beach District with six conditions. Dorothy Wood: Do I hear a second? Eugene Crabtree: I'll second it. Dorothy Wood: Seconded by Gene Crabtree. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT I ABSENT Ed Weeden: By a vote 10-0, the consent agenda items have been approved by the Board. 7onin- Chan P from nA-12 to 1-1 ,VIODIFIC)A17ON ('.-)I P(-'5NS' REDLICUON IN LAND ARLA Supplemental Information Zoning History Mav L-8 n R 77 P T", t `V. 111 1W / ffiff a Y CUP - Bulk Storage (Recreational Vehicles) Before October 1973 the site was zoned M-1 3 General Industrial District — recreational uses required a conditional use permit — and R-D 2 Residence Duplex 10/15/73 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17/79 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course OBFP Agenda Item # 13 Page 6 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: O.B.F.P., Inc. — Conditional Use Permit (bulk storage yard) MEETING DATE: October 26, 2004 ■ Background: An Ordinance upon Application of O.B.F.P., Inc. for a Conditional Use Permit for a bulk storage yard on property located on South Birdneck Road (GPIN 24166780780000). DISTRICT 6 — BEACH ■ Considerations: The applicant proposes to obtain a Conditional Use Permit for the bulk storage of recreational vehicles and boats. The site is part of a larger site recently rezoned and approved for the Birdneck Office Park. The submitted site plan depicts parking for 320 recreational vehicles and boats. Existing trees along the perimeter of the site are to be retained. Street frontage landscaping and screening is proposed. The hours of operation will be 7:00 a.m. to 7:00 p.m. daily. The request is consistent with the recommendations of the Comprehensive Plan. The site is not located directly adjacent to established neighborhoods but provides a service that is needed by the residents in the nearby neighborhoods. The proposed use will not be visible from surrounding properties. The proposed use is compatible with airfield operations at NAS Oceana. Planning Commission placed this item on the consent agenda because it concluded there is a need for this type of facility in the area, the use is appropriate for the site, staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The site shall be developed substantially in accordance with the submitted site plan entitled "Conditional Use Permit for R.V. and Boat Storage for Parcel 3 Industrial / Office Park at Ocean Breeze", dated O.B.F.P., Inc. — Conditional Use Permit Page 2 of 2 06/30/04, and prepared by Engineering Services Inc. 2. The property shall be used as a bulk storage yard primarily for the storage of motor homes, campers, boats and boat trailers. There shall be no storage of motor vehicles and or inoperative or wrecked motor vehicles. 3. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 4. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on -site improvements is requested and approved by the Planning Director. 5. There shall be no disposal of remnant sewage from recreational vehicles on the site. Any spills of petroleum products or vehicle fluids shall be immediately removed and properly disposed of. ■ 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: S `C , '6d &-it L08-215-CUP-2004 O 6 F P, Inc. Agenda Item # 13 September 8, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for a Bulk Storage Yard (recreational vehicles and boats) LOCATION: Property located on the north side of Birdneck Road, west of its intersection with General Booth Boulevard. GPIN: 24166780780000 COUNCIL ELECTION DISTRICT: 6- BEACH SITE SIZE: 6.42 acres EXISTING LAND USE: Vacant, wooded parcel; zoned Conditional 1-1 Light Industrial. OBFP Agenda Item # 13 Page 1 SURROUNDING North: . Wooded parcel / R-10 Residential LAND USE AND . Wooded parcel (Part of Ocean Breeze Festival ZONING: South: Park) / P-1 Preservation East: • Woods and Owls Creek / P-1 Preservation • Wooded parcel (Part of Ocean Breeze Festival West: Park) / A-12 Apartment NATURAL The site is within the Owls Creek watershed. Minor portions of the RESOURCE site have been identified as being located within the 100-year AND floodplain. Tidal wetlands have also been identified on the site. Any CULTURAL development involving these sensitive areas is subject to review and FEATURES: approval by the Army Corps of Engineers and the City of Virginia Beach Wetlands Board. AICUZ: The site is in an AICUZ area of more than 75dB Ldn surrounding NAS Oceana. The United States Navy owns a restrictive easement over the site; however, the easement does not prohibit bulk storage on the site. Summary Of PropOsa The applicant proposes to obtain a Conditional Use Permit for the bulk storage of recreational vehicles and boats. The site is part of a larger site recently rezoned and approved for the Birdneck Office Park. The submitted site plan depicts parking for 320 recreational vehicles and boats. Existing trees along the perimeter of the site are to be retained. Street frontage landscaping and screening is proposed. The hours of operation will be 7:00 am to 7:00 pm daily. OB'FP Agenda Item #_ 13 Page 2 The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the recommendations of the Comprehensive Plan Map for the area. • Compatibility with the airfield operations surrounding NAS Oceana. • Compatibility with the surrounding uses. Comprehensive Plan The Comprehensive Plan Map designates this area as being part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located within the area. The plan also enforces the suburban characteristics of commercial centers and non-residential areas that make up a part of the Primary Residential Area. Limited commercial or industrial activities near residential areas providing desired goods or services to residential neighborhoods may be considered acceptable on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and nonproliferation of such activities. PStaff Evaluation" Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the `Major Issues' are OB'FP Agenda Item # 13 Page 3 (1) The request is consistent with the recommendations of the Comprehensive Plan. The site is not located directly adjacent to established neighborhoods but provides a service that is needed by the residents in the nearby neighborhoods. (2) The proposed use is compatible with airfield operations at NAS Oceana. (3) The proposed use is compatible with the existing surrounding uses. The proposed use will not be visible from surrounding properties. Staff, therefore, recommends approval of this request subject to the conditions listed below. Conditions 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Conditional Use Permit for R.V. and Boat Storage for Parcel 3 Industrial / Office Park at Ocean Breeze", dated 06/30/04, and prepared by Engineering Services Inc. 2. The property shall be used as a bulk storage yard primarily for the storage of motor homes, campers, boats and boat trailers. There shall be no storage of motor vehicles and or inoperative or wrecked motor vehicles. 3. The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. 4. The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on -site improvements is requested and approved by the Planning Director. 5. There shall be no disposal of remnant sewage from recreational vehicles on the site. Any spills of petroleum products or vehicle fluids shall be immediately removed and properly disposed of. 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 OBFP Agenda Item # 13 Page 4 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. O B'F P Agenda Item # 13 Page 5 r Supplemental Information Zoning History Map L-8 n R F A T" r �� it • _' / / / offAl CUP - Bulk Storage (Recreational Vehicles) Before October 1973 the site was zoned M-1 3 General Industrial District — recreational uses required a conditional use permit — and R-D 2 Residence Duplex 10/15/73 — Rezoning from RD-2 Residence Duplex to CG-3 General Commercial and RD-2 Residence Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips 4/17/79 - Rezoning from R-5 Residential to B-2 Business 12/17/79 - Conditional Use Permit for miniature golf course OBFP Agenda Item # 13 Page 6 7/5/83 — Conditional Use Permit for a recreational facility of an outdoor nature 5/21/84 — Conditional Use Permit for a recreational facility of an outdoor nature — a recorded agreement between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use permit (D.B.2339, PG. 0993) 6/23/86 — Conditional Use Permit for recreational facilities of an outdoor nature: 1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old 60 foot right-of-way as per the Master Street and Highway Plan. 2. Appropriately sized drainage easements are required along Owls Creek and it tributaries impacting the site. 3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to the west from the mean high water line beginning at the northern property line, running along Owl's Creek in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zoning shall be initiated prior to the site plan approval. Re -vegetation will be subject to staff review. 4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on -site storm water retention ponds and grassed swales. Perimeter filter strips around all parking areas and porous pavement material for all surface -parking areas shall be required providing that the underlying soil is suitable. Riprap shall be used at all outfalls. 5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic overlook". 6. All lighting should be low level and directed toward the interior of the park. 7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic Engineer. 8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 9. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 10. All structures are to be limited in height to 35 feet or less. 11. There shall be no boating on Owls Creek. 12. Any significant change to this plan shall come before City Council for further consideration. 8/27/87 — Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional Use Permit approved 6/26/86) OBFP Agenda Item #.1.3 Page 7 2/26/90 — Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved 6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. No rock concerts or loud music performances will be permitted. D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic shows, and variety shows of approximately twenty (20) minutes each. E. The facility shall face Birdneck Road or Motor World, away from Owls Creek. F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except frorr Memorial Day thru Labor Day and on holidays and weekends, closing shall be at midnight, and G. Approval for this stage shall be for a period of two (2) years. 4/23190 — Reconsideration of Conditions 8 and 10: Condition 8: 1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 a.m. until 12:00 Midnight. 2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only. Condition 10: 1. The proposed mechanical rides shall be located in the area marked "future development" on the submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in this area only. 2. A Board of Zoning Appeals variance is required for all structures exceeding the 35- foot height limitation, which may occur only in the area of Conditions 1 as, described above. 3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23,1 990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. 4. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post -development tree inventory. This condition shall apply to al future development. 5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. OBFP Agenda Item #-1-3 Page 8 6. All other conditions shall remain the same. 6/11/91 — Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 9) 9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program. The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor World and away from Owls Creek. Approval is for a period of one year. 11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Conditions 9 and 10): 9. A. There shall be no public address system other than for background music and emergency operations. B. No recreational use of Owls Creek associated with this park. C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site. The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only. B. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation which may occur only in the area of Condition 10A as described below. C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection plan and planting plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post -development tree inventory. This condition shall apply to all future development. E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86 (Condition 10): OB'FP Agenda Item #_ 1.3 Page 9 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height. Air - filled safety bags may be used instead of netting. 2/11/03 — Conditional Use Permit — Recreational Facility of an Outdoor Nature (Amusement Park Racetrack) — Approved 1. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight. 2. The building shall be painted to match the existing color scheme of the other buildings in the Motorworld theme park. 3. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. A solid screen of plantings is not necessary for this project. Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued. 4. A site plan showing the new building location, the reconfiguration of the existing racetrack and the Category IV plantings along the western edge of the site shall be submitted to the Development Services Center for review and approval. 5. All conditions attached to the original use permit and all modifications shall remain in effect. 1/13/2004 - Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community -Business District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area — Approved. The following proffers are attached to the Conditional Rezoning: 1. Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split - face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. OB'FP Agenda Item #-13 Page 10 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on -site storm water retention ponds and grassed swales. Riprap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting shall be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4/27/04 - Change of Zoning District Classification from R-10 Residential District and A- 12 Apartment District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area - Approved. The same proffers in the Proffer Agreement of the Rezoning on 1/13/04 (listed above) apply to this site. Public Agency Comments Public Works Master Transportation Birdneck Road in front of this site is a two-lane minor Plan (MTP): suburban arterial roadway. Birdneck Road is currently in the right-of-way acquisition process for widening from a tow -lane road to a four lane divided facility. Construction is scheduled to begin in December 2006 (CIP 2-149). The applicant must consult with the Public Works CIP, OBFP Agenda Item # 1.3 Page11 Real Estate and Traffic Divisions regarding proposed right-of-way dedications and proposed easement locations for the project. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - N/A 18,711 16,200 Birdneck Road ADT' ADT' Proposed Land Use 3 - 2,052 Average uauy i rips — ruture capacity zu,:euu as defined by undeveloped site 3 as defined by 32 acre industrial park with vehicle storage Water: I City water is not available to the site. Sewer: I City sewer is not available to the site. Public Utilities Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. The applicant must provide a lighting and/or a photometric diagram plan for review/approval by City staff. The lighting plan must include the height of poles located in the parking lot along with the location of all pole mounted and building mounted lighting fixtures. The plan must also list the lamp type, wattage and type of fixture. All lighting on the site must be consistent with those standards recommended by the Illumination Engineering Society of North America along with requirements of the City of Virginia Beach Lighting Ordinance. Fire and Rescue: Minimum fire lane width must not be less than 20-feet; under some conditions the authority having jurisdiction OBFP Agenda Item# 13 Page 12 may require a greater width. Vehicles must be stored in a manner that provides for heavy fire apparatus accessibility in the event of a fire. Gated sites must provide for fire department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. The Fire Marshall must approve security for ingress and egress so that fire department access is not obstructed. Storage of hazardous, flammable or combustible materials on site must be within the scope of the Virginia Statewide Prevention Code and NFPA. If a gravel surface is used to store vehicles all spills of petroleum products or vehicle fluids must be immediately removed and properly disposed of to prevent violations of the Fire Code and Environmental ordinances. 0 B F P Agenda Item # 13 Page 13 Exhibits Exhibit A Aerial of Site Location OBFP Agenda Item # 13 Page '° 14 6 it: G LU G. 'mow Y3 tKS�iS fv '� _r Exhibit B roposed Site Plan OBFP Agenda Item # 13 Page15 . ........... Y E _ 6 F G i G F t v: C Ci L M A C Y _ G 5t w mm%� y � {� cn %• ti .,y is S. � �, ?.. _ e * L L 1 sG b Fi 4e3 '3i .56 FY G.. u' J �r a a LL A C >a� 7 s. MIS it '• s7 y �`? �} ay +. C LU « St as r .i C ..n F5 TN Exhibit C Disclosure Statement OB:FP Agenda Item # 13 Page 16 Item #13, 14 & 15 O.B.F.P., Inc. Conditional Use Permit Modification of Conditions Change of Zoning District Classification 700 South Birdneck Road District 6 Beach September 8, 2004 CONSENT William Din: The next items are Items #13, 14 & 15. This is an application O.B.F.P., Inc. This is for a Conditional Use Permit for bulk storage on property located on the west side of General Booth Boulevard at property 2200 feet north of South Birdneck Road. Item #14 is a Modification of a Conditional Use Permit on this property. Item #15 is a Change of Zoning District Classification from A-12 Apartment District to I-1 Light Industrial District on property located 700 South Birdneck Road. All these three items are related and are located in the Beach District. Randy Royal: Good afternoon. Randy Royal, Engineering Services representing O.B.F.P. We've read the conditions and have no problem with them. Thanks for putting us on the consent agenda. William Din: Thank you. There are six conditions. Is there any opposition to placing this on consent? If not, Ms. Anderson would you explain this one please? Janice Anderson: Thank you Mr. Din. As Mr. Din stated, they're actually three applications for this development. The first one is a Conditional Use Permit for bulk storage. It is bulk storage for parking recreational vehicles. They will be RV's and boat trailers. There is, we believe, there is a need for this type of facility in the area. This parcel is at the end of Birdneck Office Park, which this office park is like a warehouse type office park and this would be the last parcel. Parking will be for 320 vehicles. The hours would be from 7:00 to 7:00. We believe this is an appropriate use. The actual parcel is heavily wooded. These trees would be maintained around the site where the parking is available. They claim to have gravel parking rather than paving on this site. So far, the vehicles will not be seen from the adjacent property, which is undeveloped at this time. And, especially there is a large 100-foot buffer from the Virginia Science Aquarium. So this parking facility will not be seen from the adjacent parcels. The second application is for a change in zoning of this small strip of land. It's actually .6 acres. The change of zoning from the A-12 to the I-1 is to actually make it apart of the office parcel. That way they can have one entrance off South Birdneck Road, which would also serve this office park and Ocean Breeze. So, you're not adding additional access to South Birdneck Road. So, we require the change in zoning, and the third application is a modification of the Use Permit for an outdoor recreation facility, which of course is Ocean Breeze. They need the modification to that application since you are reducing the land in Ocean Breeze by .6 acres. The Commission believes it's an Item #13, 14 & 15 O.B.F.P., Inc. Page 2 appropriate use and with the conditions that are placed on it we recommend approval to Council. William Din: Thank you Ms. Anderson. Madame Chair, I would like to make a motion to approve Items #13, 14, & 15. This O.B.F.P. This is a Conditional Use Permit for bulk storage, a Modification of a Conditional Use Permit, and a Change of Zoning District Classification from A-12 Apartment District to I-1 Light Industrial located in the Beach District with six conditions. Dorothy Wood: Do I hear a second? Eugene Crabtree: I'll second it. Dorothy Wood: Seconded by Gene Crabtree. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ASSENT 1 ABSENT Ed Weeden: By a vote 10-0, the consent agenda items have been approved by the Board. Map Ir8 d) R F P 7"1 tiro � l.a ,/►' C� J CUP - Bulk Storage (Recreational Vehicles) 5WE UFM Supplemental Information-1 Zoning History Inc. # I DATE IREQUEST ACTION 1. 9-14-81 Rezoning (R-4 Residential to B-2 Business, modified to Approved O-1 Office) 6-27-60 Rezoning (R-S 3 Residence Suburban to C-L 2 Limited Denied Commercial) and Conditional Use Permit (Dog Kennel) 2. 12-2-03 Conditional Use Permit (Church) Approved 1-11-94 Conditional Use Permit (Church) Approved 9-14-81 Rezoning (R-4 Residential to B-2 Business, modified to 0-1 Office) Approved FUNCTIONAL DEFENS CONCEPTS :nda Item #.1;6 Page 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Functional Defensive Concepts, Inc. DBA Linxx Academy — Change of Zoning District Classification MEETING DATE: October 26, 2004 ■ Background: An Ordinance upon Application of Functional Defensive Concepts, Inc. DBA Linxx Academy for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 1320 Kempsville Road (GPIN 14654817160000). 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 2 — KEMPSVILLE ■ Considerations: The applicant proposes to rezone the site from 0-2 Office to Conditional B-2 Business for the purpose of developing a karate and martial arts school. The school will cater to approximately 200 students with an average class size of 30 to 35 students. The bulk of the classes are held in the afternoon from 3:00 PM to 8:00 PM, and on Satudays from 9:00 AM to 2:00 PM. The submitted conceptual plan depicts the proposed building centered on the site with drive aisles on each side. The front of the building is placed at the required 35-foot setback from Kempsville Road. Decorative landscaping along Kempsville Road and foundation landscaping are depicted. The required parking is located behind the proposed building with 7-feet of landscaped areas along each side line and 15-feet of landscaped area along the rear property line. The proposed building is contemporary in design with a floor area of 6,100 sqaure feet. It is to be constructed of exterior insulating finish system, concrete masonry block and pre-engineered metal wall panels. The proposed colors are champagne and white with blue composite metal panels as accents. The proposed use and the building and site design is in keeping with the intent of the Comprehensive Plan and compatible to surrounding uses in the area. The applicant has limited the use of the site and proffered the design and development of the parcel to ensure that the use provides a needed service to nearby residential areas without unduly impacting the area. Functional Defensive Concepts, Inc. DBA Linxx Academy Page 2 of 2 There was opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 with abstention to approve the request, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department,y� City Manager: 4 % ,s8et C09-213-CRZ-2004 FUNCTIONAL DEFENSIVE CONCEPTS, INC. DBA LINXX ACADEMY Agenda Item # 16 September 8, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. REQUEST: LOCATION: GPIN: COUNCIL ELECTION Location and General Information Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Business District Property located 1320 Kempsville Road 14654817160000 2 - KEMPSVILLE Map o-Scole C-9 Mai FlFunctional Defensive Concepts, Inc. . co oo a I i _PD-HI o Condiw,W Zoning change from 0-2 (u B-2 FUNCTIONAL DEFENS 1E_CONCEPTS enda Item #-16 Page 1 DISTRICT: SITE SIZE: EXISTING LAND USE: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 0.823 acre The site is vacant. North: • Office / 0-2 Office South: • Dairy Queen and Mini -Warehouses / B-2 Business • Single-family dwellings / PD-H1 Planned Unit East: Development Kempsville Road, across Kempsville Road is West: Kemps River Shopping Center / B-2 Business The site is grassy with shrubs along the rear of the site. There are no natural resources or cultural associated with the site. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant proposes to rezone the site from 0-2 Office to Conditional B-2 Business for the purpose of developing a karate and martial arts school. The school will cater to approximately 200 students with an average class size of 30 to 35 students. The bulk of the classes are held in the afternoon from 3:00 PM to 8:00 PM, and on Satudays from 9:00 AM to 2:00 PM. The submitted conceptual plan depicts the proposed building centered on the site with drive aisles on each side. The front of the building is placed at the required 35-foot setback from Kempsville Road. Decorative landscaping along Kempsville Road and foundation landscaping are depicted. The required parking is located behind the proposed building with 7-feet of landscaped areas along each side line and 15-feet of landscaped area along the rear property line. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 2 The proposed building is contemporary in design with a floor area of 6,100 sqaure feet. It is to be constructed of exterior insulating finish system, concrete masonry block and pre-engieered metal wall panels. The proposed colors are champagne and white with blue composite metal panels as accents. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Consistency with the Comprehensive Plan recommendations for the area. Compatibility with the surrounding uses. Comprehensive This site is located in the Primary Residential Area. The Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and other non- residential areas for this area. The Plan states: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." The proposed use is considered as infill development since it occurs on defined parcels or tracts of land that are surrounded by an established arrangement of land uses of similar character. Land uses proposed for infill sites as well as their density, material, height, setback, yard area and other design considerations should complement and reinforce the predominant physical character of the surrounding area. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 3 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When developed, all landscaping, buildings and improvements on the property shall be located substantially as shown on that certain "Conceptual Site Layout & Landscape Plan of Linxx Academy", dated June 17, 2004, prepared by MSA, PC, which is on file with the City of Virginia Beach Planning Department (the "Concept Plan"). PROFFER # 2 When developed, the building shall be constructed using architectural materials and design substantially as shown on Sheet 2 of 2 of that certain "Architectural Site Plan", dated March 1, 2004, and prepared by Burkhart Thomas Reed, which is on file with the City of Virginia Beach Planning Department. PROFFER # 3 When developed, the Property shall be developed for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) Pounds, shelter or commercial kennels; (b) Beverage manufacturing shops; (c) Bingo halls; (d) Body piercing establishments; (e) Borrow pits; (f) Eatery and dining establishments with drive -through windows; (g) Heliports and helistops; and FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item #,16 Page 4 (h) Tattoo establishments. Staff Evaluation of The submitted proffers are acceptable. The agreement Proffers: assures that the site will be developed in accordance with the submitted site development plan and architectural elevations. The agreement also limits uses on the site that may be considered incompatible with the surrounding uses. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the `Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are as follows: (1) The proposed use and the building and site design is in keeping with the intent of the Comprehensive Plan. The applicant has limited the use of the site and proffered the design and development of the parcel to ensure that the use provides a needed service to nearby residential areas without unduly impacting the area. (2) The proposed use is compatible with the surrounding uses. A Dairy Queen and Mini -Warehouse Complex is to the south of the site, and a recently approved church is to the north of the site. Across form the site is the Kemps River Shopping Center. The site proposed for the use is virtually surrounded by commercially zoned property. Office zoning lies to the north of the site providing a transition, consistent with good land use planning practices, from the retail core at Kempsville and Indian River Roads to the residential neighborhoods to the north on Kempsville Road, with Bonneydale Road acting as the division between non-residential uses and residential uses. Staff, therefore, recommends approval of this request. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 5 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. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item #,16 Page 6 ""MMMI, 4..r..�_. / .: Supplemental Iinformaion`` =` Zoning History # I DATE IREQUEST I ACTION 1. 9-14-81 Rezoning (R-4 Residential to B-2 Business, modified to Approved O-1 Office) 6-27-60 Rezoning (R-S 3 Residence Suburban to C-L 2 Limited Denied Commercial) and Conditional Use Permit (Dog Kennel) 2. 12-2-03 Conditional Use Permit (Church) Approved 1-11-94 Conditional Use Permit (Church) Approved 9-14-81 Rezoning (R-4 Residential to B-2 Business, modified to 0-1 Office) Approved FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 7 3. 5-26-92 Rezoning (0-1 Office to Conditional B-2 Business) 9-14-81 Rezoning (R-4 Residential to B-2 Business, modified to O-1 Office) 4. 1-26-93 Conditional Use Permit (Truck Rental) 1-23-84 Rezoning (0-1 Office to B-2 Business) and a Conditional Use Permit (Mini -Warehouse) 5. 9-28-93 Conditional Use Permit (Automotive Repair) 5-26-90 Conditional Use Permit (Automotive Repair) 11-13- Conditional Use Permit (Automotive Repair) 89 5-13-85 Conditional Use Permit (Outside Storage) 1-11-82 Rezoning (R-4 Residential to B-2 Business) Approved Approved Approved Approved Approved Approved Withdrawn Approved Approved Public Agency Comments Public Works Master Transportation Kempsville Road in front of this application is a four Plan (MTP): lane divided minor urban arterial. It is designated on the Master Transportation Plan (MTP) as a six -lane divided highway. A 12-foot right-of-way reservation may be required during detailed site plan review. There are currently no projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 28,000 27,400 - 67 Kempsville Road ADT ADT' Proposed Land Use 3 - 140 Average Daily Trips gas defined by the existing zoning 3 as defined by the proposed use Public Utilities Water: A 16-inch and 24-inch City water main exists in Kempsville Road in front of this site. The site must connect to City water. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item #-1-6 Page 8 Sewer: An eight -inch City gravity sanitary sewer terminates just north of the site in Kempsville Road. There is a 16-inch force main fronting the site. The site must connect to City sewer. Analysis of Pump Station 444 and the sanitary sewer collection system is required to ensure 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 Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Minimum fire lane width must not be less than 20-feet; under some conditions, the authority having jurisdiction will require greater width. There must be no parking permitted in the drive aisles between the building and the property lines. A fire hydrant must be within 400 feet of a commercial structure. FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 9 Exhibits FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item #-16 Page 10 Exhibit B Proposed Site Plan FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item #,16 Page 11 VI"WHIA * H*V2Q MV94101 avow AUMOM out. 1A z& Fit 17 Exhibit C Proposed Elevation FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 12 2 7 5; ki -Z� 0 cs ? "i s 4 rR 9 H- " z-w iiiiii��ilill IIIIIIIIII I IIJI�11111111111111 Exhibit C Disclosure Statement FUNCTIONAL DEFENSIVE CONCEPTS Agenda Item # 16 Page 13 Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Change of Zoning District Classification 1320 Kempsville Road District 2 Kempsville September 8, 2004 REGULAR Joseph Strange: The next application on the agenda is Item #16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy. An Ordinance upon Application of Functional Defensive Concepts, Inc. d/b/a Linxx Academy for a Change of Zoning District Classification from 0-2 Office District to Conditional B-2 Community Business District on property located at 1320 Kempsville Road, District 2, Kempsville. R.J. Nutter: Thank you very much. Madame Chairman, members of the Commission. It's a pleasure to be back. I'm R.J. Nutter. I'm an attorney, and I'm representing the applicant today. I appreciate your indulgence. I know we're last on your agenda. I want to tell you a little bit about the application. You might want to address the issue that came up during the early morning session. I do think it is note worthy to tell you a little bit about the applicant and him and what this is all about. Frank Tucci is President of Linxx Academy, and has been living in Virginia Beach since the 1980s. He opened a commercial arts and academy about 12 years ago, and has been operating as it is and successfully in Virginia Beach throughout that time. For the last eight years, he has been in the Kempsville area, Providence Shopping Center. It is fair to say that overwhelming majority of his members and students are from the Kempsville area so he is very familiar with the Kempsville area, certainly for a long number of years. In addition to that he's also part of the partnership and education program in the Virginia Beach Public School system. His facility and his people and trainers provide the after school martial arts programs for Providence Elementary, Kempsville Elementary and Fairfield Elementary Schools, all of you know are in the Kempsville area. So he is very familiar with the students, the principals, and the issues of the area and has wanted to move to a site, quite frankly he can call his own. He started renting space. He wanted to pay his own mortgage, and he's been looking for property for a while and saw these properties, and this one in particular. We are working with senior staff toward the site, and this is a challenging piece of property, as you know, because it is merit. It is approximately 88 feet wide. It is a 405-407-feet deep. It is bordered on all sides by one degree of commercial or institutional use. As you read, there is a field on this side. I'm trying to point to it right now. This side of us or this side there is Dairy Queen operation. Behind the Diary Queen we have a mini -storage facility, and just to the north of that site is a small office, which is recently being converted into a church at that location. So, we start looking at the site and found that it could really work very well for him, because his facility can be done in a very structure. It doesn't have to be building wide, if you will. And, that actually benefited this site in particular because it allowed him to put a long narrow building on the site, which provides one of the best things this site could possibly Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 2 have for this use, which is parking in the rear of the building that meets your code requirements, and in addition to that, it provides an enormous amount of stacking room on this site, because no matter what anyone puts here, and if you could see that all the uses are right up along the right-of-way with zero to little maneuverability behind this site. So, this site is designed actually provides for over 22 stacking spaces on this site, which is perfectly designed for what they have the upright. So, I just wanted to tell you a little bit about him. And, I think the strong the connection he has with the area, and the students in the area. Also to tell you that he wouldn't have looked at this site unless he probably think it's successful for his clients. His clients don't feel comfortable coming here every night. Obviously, it's my concern and the interest to come here. So, I raise that for you because I know the issued raised during the early morning session, and I wasn't able to be here, and I apologize, had to do with the impact on the traffic situation on this property. Some of the numbers look higher. I want to break them down for you and show you why, I believe the parking and traffic generation on this site are actually less than it would be if we were developing as an office on the property. I tell you that for a couple of reasons. One, as your staff points out this could generate up to 6 or 7 parking spaces, which in their opinion was developed for office. You and I know that it can actually generate actually more parking spaces and more type of office use. More importantly about the office use is that 100 percent of an office use would generate peak hour demand at lunch time, breakfast or the early morning traffic commute, lunch time and the afternoon traffic to get home. That is how the business would operate. That is the way they function during peak hours so to put all that traffic during the peak hour period. Interesting about this property is that it produces no traffic at lunchtime. It produces no traffic in the moming/pm period and in the evening p.m. period of the rush hour time period two-thirds of this traffic is off peak during that time period. Most of the traffic comes from the 2:30 range to 4:30 range and from 5:30 to 8:00 in the evening range when the last classes are held. So, in essence only two-thirds of traffic in one of the high peak periods actually occurs during that highest peak period. The other thing I point to you is that he does have approximately 200 students registered at the academy on average. Of that number, there broken up into two different types of classes. They have an "A" and `B" class, and each class attends the academy three days a week. So you have 100 students that are attending for three days and 100 students attending the other three days. At no time do you have more than 100 students attending during these three- day period. So, what that does it breaks that number of 200 in to half making it down to 100, and that assumes if all the student will come, and students being what they are and times being what they are, typically about 75 percent. They usually have about 75 percent of those signed up and paid for classes will actually attend all the classes. On average about 25 percent doesn't show up for each session. So, you break all that down you have five different categories of use during the time period. You come down to where at peak hour period you can have anywhere from 20 to about 30 vehicles visiting this site in the afternoon peak hour period. And, that is not a significant number given the number that could be driving on this site as traffic engineering division the other numbers are 67, which would become the peak hour site, you really come down to one half of that number during the peak hour period in the p.m. None of those numbers are in the morning or noontime. That is why you see he has a break down of the numbers and Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 3 look at what the classes really are, because each class is running from 3:00 to 4:00, 4:00 to 5:00, 6:00 to 7:00, and 7:00 to 8:00. Then you break those into the categories and you really have a nice proportion of distribution of the traffic at a site that quite frankly is a difficult site to work with. So that is how the traffic works out. I think that you will find that it is very beneficial. The other thing that I want to point out to you as your staff has that is an infill site. We have commercial surrounding us, and what we've done is that this building is approximately 200 feet from the closest piece of residential property that we have. So, we're well set back. It's a one-story structure as you know, so we are well set back from any residential uses in the area, and we intend to be an excellent neighbor. He has no problem with any of his neighbors in any of his locations before. And he is certain that will be the case here. We have met with numerous civic associations, and they don't have any problem and have not heard back from them whatsoever. So, I understand that there is someone signed up in opposition today. We don't know who they are, but are happy to meet and talk with them about it as well. Otherwise, we accept staff s recommendation in favor, and we have no objection to the conditions that are outlined, and condition number one is that the land would be proffered. So, were happy to answer any questions that you might have. Dorothy Wood: Mr. Din has a question. William Din: R.J. I don't the concern was about the amount of traffic coming out, but the traffic flow that was coming out. The curvature of the curbs there, and the landscaping in front there, as in previous applications, sort of blocks the view of oncoming traffic from the sound. I just wanted to make sure that the landscaping in that area and that it did not impede the visibility of the traffic, but also the way the curbs curve in, you know you have traffic pattern flowing. R.J. Nutter: We were concerned perhaps it may be benefiting going in this direction? William Din: Yeah. I don't know if that makes any sense. But when you're coming out that way this forces the car right on that curb. Maybe I don't know if site is zoned, but maybe that should exit. R.J. Nutter: We have no objection. William Din: Maybe it should be looked at a little bit. Maybe redesign or facilitate the exit. R.J. Nutter: That's an excellent comment in both regards. We designed it heavily around expecting traffic to come in and stack on the site. So, we told public engineering after the hearing the comment, and I believe Faith told us that could not exceed 30 inches, if I'm not mistaken in height even though it showed some trees out there. They're not going to lets us put trees right at those areas of the visibility triangles. So, if any landscaping trees go in they're going to have to be further back on the site outside of that visibility triangle. And as for the access way, I have no problem. I have learned this over the years is that Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 4 every time I try to inject a traffic plan prior to site plan it is 50/50 chance that I get it wrong and so far the odds that I am in the other 50 percent. I hear your comments and will urge the site plan reviewer, and I am sure that Faith will as well to take a close look at how best that can be done. William Din: Other than that, I think the use on there is an appropriate use for it. R.J. Nutter: Well thank you. We're very happy to be in the neighborhood. Dorothy Wood: Are there any other questions for R.J.? Kathy? Kathy Katsias: R.J., how many curb cuts are from Indian River Road to this site? Like you said it is pretty well stacked up. You have the Dairy Queen and what are those other sites? R.J. Nutter: I think we have, and I'm not familiar with all those different sites. You're right. Every one of those sites probably has a curb cut as provided by law, and this would be in the same boat. It's regrettable for property owners who develop these separately over the years couldn't have gotten together quite frankly. And better use frankly then those three large, kind of long pieces of property would have been ideal if they could of but they just haven't developed over time. Kathy Katsias: Thank you for breaking down the traffic. R.J. Nutter: Yes ma'am. I'm happy to do that. We had the same questions our self. That is why staff had no objection to it because it was broken down. Dorothy Wood: Are there any other questions? R.J. Nutter: Thank you very much. I'm sorry. I'll leave this out just in case the opposition has any questions. Joseph Strange: There is one person in opposition. Anne Evans. Anne Evans: Whom do I give these too? Dorothy Wood: You can give them to Ed. Anne Evans: My name is Anne Evans. I reside at 1329 Acredale Road. Dorothy Wood: Please show us where you reside Ms. Evans. Anne Evans: Sure. I reside at 1329 Acredale Road. Dorothy Wood: Thank you. Item #16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 5 Anne Evans: I moved here four years ago with Towers Perrin. They relocated here from various locations throughout the U.S. In the past four years, I've been promoted twice and have decided to stay at Towers Perrin and seek permanent home here. I looked very hard for homes and finally found the home that I have. It's beautiful. It has oak trees in the back and very tall pine trees lining the back of it. We have a great vegetable garden in back. It is very peaceful and very quiet. Today, I come here because I'm opposed to the zoning change. Not so much. I think the firm seeking the change is great. They're doing a great service to the public but I fear that the noise will drastically warrant this change. It will drastically change the character of the neighborhood in which I live, and would greatly reduce the enjoyment I experience in owning my home. VAdditionally, I am concerned that a change in zoning could have a negative impact upon the value of my home, and the homes in the immediate vicinity. Currently the residential neighborhood I live in is quiet with lots of beautiful green trees. A neighborhood where everyone knows their neighbors, and any business related buildings that do exist on Kempsville on the properties adjoining my property and properties leading away from Indian River are low lying residential life structures which typically are only in use during daylight hours. By changing the zoning at 1320 Kempsville Road, any business that is erected at that 1320 Kempsville site whether it's the Linxx Academy or some other business will be able to construct a multi -story building that occupies a majority of the lot, and I will come back to this because I have since today seen the plans that are before me. Ed Weeden: Ms. Evans, you're just about out of time. Anne Evans: Okay. Thank you. My main concern is car doors slamming in the back, and that if we allow this zoning more of the lots leading away will succumb to the same rezoning and the whole character of the neighborhood will change. Dorothy Wood: Thank you very much for your time. We are happy that you came and congratulations on your promotion. We're happy that you decided to make Virginia Beach your home. Could you please answer any questions? Anne Evans: Sure. Dorothy Wood: Any questions? Thank you so much. William Din: I have a question. Anne Evans: I'm sorry. William Din: Would some type of buffer in the back there help you. Anne Evans: Yes. In fact it used to be all forested until the current owner, Mr. Green I believe, tore it all down, but if this area here had more trees. I am right here. If this area were more treed here that would provide more coverage and block the view, and as I said before this is a one-story building, so I'm not as concerned about that, but I am Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 6 nonetheless concerned that car doors will be slamming. Although we can take self defense class is after we come home from work at night or early in the morning, so we're going to hear slam, slam and slam. Not that they're purposely trying to slam the doors, but that's a concern that I have. It's a very quiet neighborhood and again, I can go back to the point that if we make this B-2, and one of the proposal that I think if Linxx Academy decided not to go through with this, and if it were still B-2 then other establishment B-2 type could set up residence there and might be even worse. Again, I have to emphasis that it is my fear of the zoning change and the impact on our quiet neighborhood that brought me here today. Dorothy Wood: Just as Mr. Din said if they did put trees up here you would not have an objection? Anne Evans: I mean, yes, substantial trees. Dorothy Wood: Okay. Talk to the applicant. Anne Evans: Yeah. Dorothy Wood: Are there any other questions? Mr. Ripley has a question. Ronald Ripley: When you bought your home were you aware that it was zoned for office? Anne Evans: 0-2. Ronald Ripley: Were you aware of that? Anne Evans: Yeah. We looked at that, and the worse it could possibly get is a place right on the corner where there is an Orthodontics type dental office type arrangement. We thought the worse would be like that where people come for dentist appointments up to 5:00 o'clock and then leave. But here people are coming after 5:00 o'clock, which is when we get off work, to go through their classes until 8:00 or 9:00 at night. So that is my concern. Ronald Ripley: Thank you. Dorothy Wood: Other questions? Jan? Janice Anderson: I can see your concerned with the B-2 behind the residents, but they have proffered on Proffer #3 that the more impact of B-2 uses could not be put on this property. Have you looked at that? Anne Evans: I only had a chance to look at it today. Item #16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 7 Janice Anderson: Okay. That is one of the proffers. I think that is what staff was concerned about also, and that is why it is in the proffer. There are several uses permitted in the B-2, and they're proffered for the ones that I believe the City think is more impacting in the neighborhood and are not allowed. There are seven or eight of them that they have listed. Anne Evans: I saw them. Janice Anderson: This might make you feel a little better. Anne Evans: Frankly, I did check out the Linxx Academy over at where it is currently located. It's a rather large building and picturing it where this proposed site is definitely to me cause for a lot of traffic and fear. I would not only see the building, but also hear a lot of the car doors shutting and people driving back there. I mentioned that the 0-2 proceeding down, and a cascading affect will in -turn, perhaps succumb to this same tendency toward developing from 0-2 to B-2. I have to say that the church that the gentlemen spoke of is a very small building up in front. There is a large forest behind there so if this cascading affect were to occur I could only see what the next building over might be, and you're going to see me a lot if that happens because I'll be in here opposing that. Dorothy Wood: It will be our pleasure to see you. Thank you for coming down. Anne Evans: Thank you. Dorothy Wood: Is there anyone else? Mr. Nutter. R.J. Nutter: Yes. Thank you. Thank you very much. I appreciate Ms. Evans wanting to know because she may not be familiar with the zoning activity before. What we have done and staff has done. It is very clear that if this has been a traditional B-2 zoning application we probably wouldn't have prevailed from staff s recommendation. They took great pace to make sure that we eliminated the vast majority of any intensive B-2 uses whatsoever, and also took great pains to tie this to exactly to the site plan. So even if another B-2 user were to come in, they would have to come before Council to make the necessary changes to affect any change in that site plan whatsoever. So, we can tell you that what is being proposed today is being recommended as a very limited service use for this area that is made great style to stay away from residential area. Having said that we have no problem. We'll be happy to meet with Ms. Evans. We didn't know about her concerns, and talk about some landscaping along our northern border there. We might buffer there a little bit. The building is actually 200 feet from the property line so no matter what happens there will be some impact on residential property there, but maybe in this case the fact that these are so long and narrow may end up being a benefit to those residential because had the three sites gotten together it would have private in itself to a much more intensive commercial type orientation than what were seeing. So, as a result, we're happy to do that and talk to her about what we can do about the landscaping along Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 8 that side. We are required to have a 15-foot Category 4 buffer along the rear property line, which is in the best interest. We're more than happy to do that. Dorothy Wood: I think she wants more than that. R.J. Nutter: I recognize that. What we're going to have to do is look at some additional landscaping along that line or through there. Dorothy Wood: You would be willing to do that? R.J. Nutter: Yes ma'am. We got to get in there. We got some land to work with. Dorothy Wood: I really could not support unless you are willing to work. R.J. Nutter: I talked to my client before I returned to the podium. Dorothy Wood: I know you did. Are there any comments or questions for Mr. Nutter? Mr. Knight? Barry Knight: Mr. Nutter on your parking spaces in the back, do you know that you're right at the allowable? R.J. Nutter: We are right at the allowable parking spaces. I think what we've been able to do is what I'm looking at, and we may even tell staff about putting some of the landscaping along that perimeter so we don't have to move those parking spaces. It looks like we may have enough room. It's hard to tell at this scale. My intent would be to try to shift some of the landscaping in that area so we can have a large enough area to put trees along that border. Thank you very much. Dorothy Wood: Thank you Mr. Nutter. R.J. Nutter: My pleasure. Thank you Mr. Knight. Dorothy Wood: Any comments? Discussion? Will. William Din: I think we adequately tried to address some of the concerns that Ms. Evans has on this. I'll be glad to support this and recommend approval of this application. Dorothy Wood: Okay. Is that a motion? William Din: Yes. Dorothy Wood: Do I hear a second? Kathy Katsais: Second. Item # 16 Functional Defensive Concepts, Inc. d/b/a Linxx Academy Page 9 Dorothy Wood: Ms. Katsias. Is there any more discussion? Robert Miller: I need to abstain. My firm is working on the project. Dorothy Wood: Is there any other discussion before we vote? Thank you very much Mr. Nutter. R.J. Nutter: My pleasure. Dorothy Wood: Thank you Ms. Evans. I'm sure Mr. Nutter will be glad to work with you. AYE 9 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY ABSENT KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 9-0 with the abstention so noted, the application of Functional Defensive Concepts, Inc. d/b/a as Linxx Academy has been approved. Dorothy Wood: Meeting is adjourned. ConCibonal /oning chainge fron7 0 2 to 8-2 In Reply Refer To Our File No. DF-5961 TO: FROM: am Leslie L. Lilley William M. Macaliu-1- CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 10, 2004 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Functional Defensive Concepts d/b/a Linxx Academy The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 26, 2004. I have reviewed the subject proffer agreement, dated August 18, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue Suite 2000 Virginia Beach, Virginia 23462 Phone: (757) 687-7500 Facsimile: (757) 687-7510 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 18th day of August, 2004 by and between LINDA W. DRUCKER, PEREGRIN C. FRANCISCO, and JEMIMA M. GONZALES, (collectively, "Grantor"), the current owner of that certain property fronting on the east side of Kempsville Road near Indian River Road in Virginia Beach, Virginia more commonly known as 1320 Kempsville Road, Virginia Beach, Virginia 23464, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), FUNCTIONAL DEFENSIVE CONCEPTS, INC., a Virginia corporation (the "Grantor"), the contract purchaser of the Property, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from 0-2 to B-2 Conditional on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, GPIN NO.: 1465-48-1716-0000 certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following 2 declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, all landscaping, buildings and improvements on the property shall be located substantially as shown on that certain "Conceptual Site Layout & Landscape Plan of Linxx Academy", dated June 17, 2004, prepared by MSA, P.C., which is on file with the City of Virginia Beach Planning Department and which has been exhibited to the City Council (the "Concept Plan"). 2. When developed, the building shall be constructed using architectural materials and a design substantially as shown on that Sheet 2 of 2 of that certain "Architectural Site Plan", dated March 1, 2004, and prepared by Burkhart Thomas Reed, which is on file with the City of Virginia Beach Planning Department and which has been exhibited to the City Council. 3. When developed, the Property shall be developed for uses permitted in the B-2 District, along with accessory parking and other accessory site features, with the exception of the following uses, which are otherwise permitted in the B-2 District: (a) pounds, shelters or commercial kennels; (b) beverage manufacturing shops; (c) bingo halls; (d) body piercing establishments; (e) borrow pits; (f) eatery and dining establishments with drive through windows; (g) heliports and helistops; and (h) tattoo parlors. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable 3 City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] S GRANTOR: Linda W. Drucker Pereg , n C. Francisco 1 r1 'Jdn ima M. Gonzales COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisv- day of akt, 2004, by Linda W. Drucker. She is personally known to me or h9 produced N11kas identification. Notary is My Commission Expires: od*� -31, COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thistXJday of '�^= 2004, by Pere rin C. Francisco. He/she is personally known to me or haY produced -r� C as identification. Notary Pu is My Commission Expires: ©�1 ':;� Lt 5 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisgo day o 2004, by Jemima M. Gonzales. He/she is personally known to me or As produced VWX_ as identification. ' Notary Publi My Commission Expires: Qd" J � 1 c���1b�- r GRANTOR: FUNCTIONAL DE �>IVE CONCEPTS, INC. By - Name: Fra oseph Cucci, III Title: President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this]/day of J " � 1 ` 7 , 2004, by Frank Joseph Cucci, III, President of Functional Defensive Concepts, Inc. He is personally known to me or has produced C1ez (Le f' `" 1, t _ as identification. My Commission Expires: j i- <,a -v 5 VB259918v2 7 ! ur� Notary Public EXHIBIT A ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying and being in the City of Virginia Beach, Virginia and being situated on the easterly side of the road running from Mears Corner to Kempsville, and being more particularly bounded and described as follows: BEGINNING AT a point on the easterly side of the right of way of the road leading from Mears Corner to Kempsville, which point is located 627.4 feet in a northerly direction from the Northeast intersection of said road with Indian River Road; and running thence in a northerly direction along the eastern side of said first mentioned road, 88 feet to a point; thence turning and running South 62 degrees 40 minutes East 420 feet to a point in the line of the Overholt property; thence turning and running along said line of said Overholt property South 26 degrees 40 minutes West 88 feet; thence turning and running North 62 degrees 20 minuets West 420 feet to the point of beginning. LESS AND EXCEPTING frontage on Kempsville Road deeded to the City of Virginia Beach for widening of Kempsville Road, the said plat being duly of record in the office of the Clerk of the Circuit Court of the City of Virginia Beach, State of Virginia, in Map Book 18, at page 99 and also in Map Book 146, at page 41, reference to which is hereby made for a more particular description. N. UNFINISHED BUSINESS CIVIL LAWSUITS RESOLVED DURING THE MONTH OF AUGUST 2004 Virginia Beach Circuit Court City of Virginia Beach v. Wesley Properties, LLC----condemnation. This condemnation suit to acquire nearly six acres of property near the intersection of Lynnhaven Parkway and Potters Road was filed in February 2002. The property was being acquired for the construction of a new I-264 interchange and an off ramp serving Lynnhaven Parkway and Great Neck Road. Trial was scheduled for July 21, 2004. On July 7"', during a six -hour court -ordered mediation, the landowner agreed to accept $1,190,000 for this property. Christopher Feeney, Ryan Feeney and Jacob Amuial v City of Virginia Beach — challenge to municipal authority. An owner and two managers of the Lagoon restaurantibar located in the 1800 block of Atlantic Avenue filed this lawsuit in November 2003 challenging the constitutionality of the City noise ordinance. The suit alleged the ordinance, City Code §23-47, is "overly vague, contains no standards or criteria for enforcement, ...fails to provide citizens with'fair notice' of what specific conduct is unlawful" and is selectively enforced. The suit asked the court to enjoin the City from enforcing the ordinance, and for attorney fees and costs. The court held that the ordinance is constitutional, and dismissed claims that the ordinance is "overly vague," without "standards or criteria for enforcement" and fails to provide "fair notice." The court also ruled, however, that an evidentiary hearing was necessary to determine the merits of the allegation that the ordinance is "selectively enforced." That hearing was scheduled for November 3, 2004. The Lagoon owners and manager have now non -suited the case. The non -suit is a voluntary dismissal of the suit, without prejudice to the suit being re -filed within six months. Sandra Tecson v Helen Nelson and City of Virginia Beach —negligence. In January 2004,Tecson sued in General District Court for $15,000 for injuries arising out of a collision with a City Emergency Medical Services zone car on February 4, 2002. The accident occurred at the intersection of Princess Anne Road and Brattingham Drive. Rescue squad volunteer paramedic Helen Nelson was on duty at the time, assigned to and driving the zone car. We removed the case to circuit court, and the City was dismissed on our motion, on sovereign immunity grounds. Tecson has now agreed to accept $5,000 in settlement of her claims against Helen Nelson. Byron C. Domio v T.P. Champe and City of Virginia Beach —negligence. In this suit, filed in March 2002, Byron Domio alleges he was falsely arrested, handcuffed, detained, and maliciously charged with being "drunk in public" by City police officer Champe. The incident occurred in March 2000 when officer Champe answered a call for assistance from an HRT bus driver. Domio, who was actually suffering a diabetes -related seizure at the time, claims that he was not intoxicated, and sued for $50,000 in damages. In June, the City was dismissed from the case on sovereign immunity grounds. After being continued twice before at Domio's request, this case was scheduled for trial against officer Champe on August 25, 2004. On August 24`h, after the court denied yet another request to postpone the trial, Domio's attorney non -suited the case. By statute, a plaintiff may non -suit- -voluntarily dismiss --a lawsuit up until the court rules, or the case is submitted to a jury, and re -file the same suit again within six months. City of Virginia Beach v Ronald MacAulay —tax suit. In November 2003 we filed this suit at the request of the Commissioner of Revenue to collect $25,534.57 in unpaid 2002 food and business license taxes and penalties from the operation of the Le Chambord and Bistro restaurants on Great Neck Road. We have now accepted payment of $12,393.47 as the amount MacAulay is responsible for, based upon the records of the Commissioner of Revenue and pre-trial discovery of MacAulay's records. This represents the taxes owed for the months of April, May and June 2002, plus the statutory 10% penalty on these overdue taxes. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: October 12, 2004 D C M R C A W I D J L A N R H N I PAGE: I E Y O A D D E M U L W Z N N D O E I E S p AGENDA E E E A O R V D V O p ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D I CITY COUNCIL BRIEFING: VIRGINIA BEACH 2O07 Mac Rawls, Chair A CITY MANAGER BRIEFINGS: II Andrew M. Friedman, A. PROPERTY MAINTENANCE CODE Director - AMENDMENTS Housing and Neighborhood Preservation Vanessa Valldejuli, B BICYCLES and OTHER WHEELED DEVICES Assistant City Attorney 11-0 Y Y Y Y Y Y Y Y Y Y Y III/ CERTIFICATION OF CLOSED SESSION CERTIFIED IVNNI- E F-1 MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL AND FORMAL SESSIONS October 5, 2004 H PUBLIC HEARING WEST NECK ROAD/EXCESS CITY No Speakers PROPERTY I/JK-1 Ordinance to AMEND §2-7 of City Code re ADOPTED, BY 10-1 Y Y Y N Y Y Y Y Y Y Y Volunteer Council to be renamed Office of CONSENT Volunteer Resources/"Coordinator" retitled "Director" 2 Ordinance re EXCESS property at West Neck ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Road/execute Agreement of Sale conveying CONSENT same to (VBCDC) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v O I M B L C E S L DATE: October 12, 2004 D C M R C A W I D J L A N R H N I PAGE: 2 E Y O A D D E M U L W Z N N D O E I E S p AGENDA E E E A O R V D V O p ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 3 Resolution to AUTHORIZE 2005 ADOPTED COMMUNITY LEGISLATIVE AGENDA/ WITH REQUEST Legislators sponsor/support RESERVATION legislation goals/ objectives the City ITEM 1/D re tax 10-1 Y Y Y Y Y Y Y N Y Y Y relief for seniors ITEM 2 re VSRS 8-3 Y Y Y Y Y N N N Y Y Y retirement for j Council Members ITEM re purchase of development rights — B Y C O N S E N S U S Villanueva requested this be withdrawn from the 2005 agenda re JLUS 4 Resolutions re Town Center: ADOPTED 9-2 Y N Y N Y Y Y Y Y Y Y a. REQUESTING Development Authority release its Option on Block 6 (Caliotos property) of Town Center ("Theater Parcel') b.REQUESTING Development Authority pay Developer $165,625 c. AUTHORIZE $1,190,673 to pay costs by Development Authority for this release (Theater Parcel) d. AUTHORIZE Development Authority acquire the "Theater Parcel' C. EXECUTE Comprehensive Agreement with Clancy/Theys Construction Co re design/construction of Performing Arts Theater ADD f. Discussion re Guidelines for Evaluating Scheduled for B Y C O N S E N S U S ON Investment Partnerships 10/26/04 5. Resolution re 2007 Virginia Beach ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Jameston/Celebration: CONSENT a. ACCEPT the 2007 LEGACY PROJECTS as nominated by the Virginia Beach/Jamestown 2007 Steering Committee Virginia Beach Convention Center Restoration of the Thoroughgood House Lynnhaven River 2007 Improvements at First Landing State Park CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v O I M B L C E S L DATE: October 12, 2004 D C M R C A W I D J L A N R H N I PAGE: 3 E Y O A D D E M U L W Z N N D O E I E S p AGENDA E E E A O R V D V O p ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D b. AUTHORIZE the City Manager to execute a MEMORANDUM OF UNDERSTANDING (MOU) re participatation in the Preservation and Development Plan for an Interpretive Area in the Fort Story Historic District at Cape c. Henry with: United States Army National Park Service Association for the Preservation of Virginia Antiquities c. REQUESTING the Jamestown 2007 Steering Committee anchor replicas of the Three Jamestown Ships off First Landing State Park during the celebration of April 26- 29, 2007. 6. Ordinance to AUTHORIZE encroachment into ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y r-o-w Selwood Drive/ and Providence Road by CONSENT BELLAMY WOODS CIVIC LEAGUE 2 lights for neighborhood id sign. 7. Ordinances re Virginia Aquarium/Marine ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Science Center: CONSENT a. ACCEPT/APPROPRIATE $96,681 Grant from VA Aquarium/Marine Science Center Foundation to Museums and Cultural Arts for Sea Scholars programs b. ACCEPT/APPROPRIATE $45,969 Grant from VA Aquarium/Marine Science Center Foundation to Museums and Cultural Arts for Watershed Wonderers c. ACCEPT/APPROPRIATE $31,000 Grant from VA Environmental Quality to Museums and Cultural Arts statewide stranding 8. Ordinance to APPROPRIATE $1,636,000 Fire ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from FEMA re Urban Search/Rescue Virginia CONSENT Task -Force 2/Hurricanes Frances/Ivan cleanup. 9. Ordinance to APPROPRIATE $1,000,000 for ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Mental Health Human Services to develop CONSENT Residential Village for citizens with mental retardation/physical disabilities CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v 0 I M B L C E S L DATE: October 12, 2004 D C M R C A W I D J L A N R H N I PAGE: 4 E Y 0 A D D E M U L W Z N N D O E I E S 0 AGENDA E E E A O R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D L-1 SBA COMMUNICATIONS CUP re NO ACTION B Y C O N S E N S U S communications tower at 2165 Pungo Ferry Road.(DISTRICT 7— PRINCESS ANNE) M-1 Ordinances to AMEND (CZO) : ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y CONSENT a.§102/1505/1703/1704 changing name `B-4 Mixed Use District' /establishing District b. §900/901/902/903/904/905/906 setting legislative intent B-4 Mixed Use District/B- 4C Central Business Mixed Use District c. Mixed Use Development Guidelines to Comp Plan d. §33-114.3 of City Code re encroachments by outdoor cafes/storefront use in B-4C 2. Bikeways and Trails: ADOPTED BY 10-1 Y Y Y N Y Y Y Y Y Y Y CONSENT a. Ordinance to AMEND Comp Plan to incorporate Bikeways/Trails Plan b. REPEAL Master Bikeways Plan of 1986 C. Resolution to ESTABLISH BIKEWAYS/TRAILS ADVISORY COMMITTEE 3. Petition for Variance to § 4.4(b) of Subdivision APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance that lots meet all requirements CONDITIONED, (CZO) for GAIL H. DAVIDSON, to BY CONSENT subdivide property into two (2) single family dwellings at 4946 Lake Lane (DISTRICT 4 — BAYSIDE 4. TAG ONE, L.L.C. for MODIFICATION APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y to Timberlake Land Use Plan to allow auto CONDITIONED, service (approved September 9, 2003) at BY CONSENT 1400 South Independence Boulevard (DISTRICT 2 — KEMPSVILLE) 5. ST. MICHAEL LUTHERAN CHURCH APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y MODIFICATION to CUP re church /CONDITIONED expansion (approved August 13, 19961 BY CONSENT August 11, 1998) at 2208 Princess Anne Road (DISTRICT 7 — PRINCESS ANNE) 6. MICHAEL D. SIFEN, INC.CUP re mini- APPROVED, 10-1 Y Y Y N Y Y Y Y Y Y Y warehouses at Kempsville Road/ CONDITIONED Providence Road(DISTRICT 1 — BY CONSENT CENTERVILLE) 7. LAKE SMITH DEVELOPMENT APPROVED AS 10-1 Y Y Y N Y Y Y Y Y Y Y ASSOCIATES, L.C.CoZfromB-2/A-12/ PROFFERED R-2.5/R-10/R-15 to Conditional R-5D/ A- 12/A-18 with PD-112 at Wesleyan Drive/ Cypress Point Boulevard/Broad Meadows Boulevard (DISTRICT 4 BAYSIDE) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L C E S L DATE: October 12, 2004 D C M R C A W I D J L A N R H N I PAGE: 5 E Y O A D D E M U L W Z N N D O E I E S p AGENDA E E E A 0 R V D V 0 p ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D 8. REAL INVESTMENTS ASSOC, CoZ APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y from AG-1/AG-2 to Conditional R-15 with PROFFERRED PD-112 at Bernadotte Street/Seaboard Road (DISTRICT 7 — PRINCESS ANNE) APPOINTMENTS BICYCLE/TRAILS ADVISORY RESCHEDULED B Y C O N S E N S U S COMMITTEE B Y C 0 N S E N S U S MINORITY BUSINESS COUNCIL RESCHEDULED PARKS and RECREATION COMMISSION Appointed: Unexpired term 11-0 Y Y Y Y Y Y Y Y Y Y Y thru 08/31/06 David Barthlomew REVIEW AND ALLOCATION RESCHEDULED B Y C O N S E N S E S COMMITTEE (COG) SOCIAL SERVICES BOARD Appointed: 4 year term 11-0 Y Y Y Y Y Y Y Y Y Y Y 0/01/04 — 06/30/08 Richard LeClaire TOWING ADVISORY BOARD RESCHEDULED B Y C O N S E N S E S VIRGINIA BEACH PERFORMING ARTS RESCHEDULED THEATRE ADVISORY COMMITTEE B Y C O N S E N S E S P. NEW BUSINESS NO ACTION, B Y C O N S E N S U S Q ADJOURNMENT 8:10 PM