HomeMy WebLinkAboutMAY 9, 2006 AGENDA
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR 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 Alllle - District 7
PETER W. SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, LYllnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
9 MAY 2006
1.
CITY MANAGER'S BRIEFING
Conference Room
1. RUDEE LOOP
Donald Maxwell, Director, Economic Development
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX(757) 426-5669
E-MAIL: Ctycncl@vbgov.com
1:30PM
2. COX CABLE FRANCHISE
Gwen Cowart, Director, Communications and Information Technology Department
3. FY 2006-2007 BUDGET DISCUSSION
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
Conference Room
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 PM
V1. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Walter A. Whitehurst
Pastor - Retired
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.
PUBLIC HEARING:
FY 2006-2007 Management Resource Plan (Budget)
April 20, 2006
2.
INFORMAL and FORMAL SESSIONS
April 25, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise
2. LEASE OF CITY-OWNED PROPERTY
a, C.B.M. Co. t/a SCHOONER INN - 215 Atlantic Avenue
1. CONSENT AGENDA
J. ORDINANCES/RESOLUTIONS
1. Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget):
a. EST ABLISH the tax levy on real estate for FY 2007 at $0.99
b. ESTABLISH the tax levy on personal property and machinery and tools for the
calendar year 2007 at $3.70
c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1,2006, and ending
June 30, 2007, for Operations and $575,632,538 in Interfund Transfers regulating the
payment of money out of the City Treasury, as amended
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S.
Department of Housing and Urban Development (HUD) re review, approval and funding
of the Plan
e. AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth limits
f. APPROPRIATE $9,000,000 funding within the Sandbridge Tax Increment
Financing (TIF) District as SURPLUS in the FY 2005-2006 Operating Budget
g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering
the amount of real estate tax revenue to nine-tenths of a cent (.9 cent)
h. AMEND 917-19 of the City Code re assessment of additional Court costs to support
the Public Law Library
1. AMEND 935-280 of the City Code re motor vehicle license fees
2. Ordinances re FY 2006-2007 BIENNIAL CAP IT AL BUDGET:
a. FY 2007IFY 2012 Capital Improvement Program (CIP) and APPROPRIATE
$214,569,984 for the FY 2007 Capital Budget, subject to funds being provided from
various sources set forth therein
b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the
maximum amount of $63 ,800,000 for various public facilities and general improvements
c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the
maximum amount of $2,51 0,000
d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of $18,950,465
e. Resolution AUTHORIZING the City Manager to use EXCESS FY2005-06 Fund
Balance from the General Fund for selected capital projects
3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel
lines and mooring or anchoring within marked channels
4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking
spaces reserved for persons with disabilities violations
5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease with the
C.B.M. Co. T/A SCHOONER INN to be used as an overflow parking lot for registered
guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH)
6. Ordinance AUTHORIZING the Sheriff to reimburse $1,500 to a Deputy for legal fees
and expenses incurred during defense of a criminal charge resulting from the
performance of official duties from the Sheriff s office FY 2005-06 Operating Budget.
7. Ordinances to AUTHORIZE temporary encroachments into:
a. City's right-of-way at Cypress Avenue (aka 416 Caspian Avenue) by
CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain
riprap and a pier (DISTRICT 6 - BEACH)
b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM
to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE)
8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State
Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating Budget
re purchase of equipment and various other expenses.
9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc.
(Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site
Acquisition," re acquiring land for open space consistent with the Outdoors Plan.
10. Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp Fussell, L.L.C.
(Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground
Renovations - Phase II," to subsidize renovations to Landstown Meadows
Neighborhood Park.
11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating
Budget:
a. $1,090,000 from Instruction to Transportation
b. $2,500,000 from Instruction to Operations and Maintenance
c. $ 410,000 from Administration, Attendance and Health to Operations and
Maintenance
12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of water
quality in the City's waterways
K. PLANNING
1. Application of ROBERT M. ROUSSEAU for an Enlargement of a Nonconforming Use
at 403 16th Street. (DISTRICT 6 - BEACH)
STAFF RECOMMENDATION:
INDEFINITE DEFERRAL
2. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a
residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2 -
KEMPSVILLE)
RECOMMENDATION:
APPROVAL
3. Application of JOHN AND VICKIE CHAPPELL for a Conditional Use Permit re a
home occupation (to construct a building for the production of jams, jellies, cakes) at
506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4. Application of LUCY RUTTER for a Conditional Use Permit re alternative residential
development to subdivide the site into three (3) residential lots at 2165 Pungo Ferry
Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Applications of PROSPERITY BEACH, L.L.C. and WAWA, INC. at Oceana
Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH):
a. Prosperity Beach L.L.C. for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District to develop the
site for fuel and retail sales
b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction with a
convenience store
RECOMMENDATION:
APPROVAL
6. Application of29 OCEAN, L.L.C. for a Change of Zoning from RT-3 Resort Tourist,
A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin
Road Gateway Overlay at Arctic Avenue and 29th Street. (DISTRICT 6 - BEACH)
DEFERRED:
RECOMMENDATION:
APRIL 25, 2006
APPROVAL
7. Application of DANNY K. MARTIN for a Change of Zoning District Classification
from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840
Burton Station Road to develop an office-warehouse facility. (DISTRICT 4-
BA YSIDE)
STAFF RECOMMENDS:
PLANNING COMMISSION RECOMMENDS:
DENIAL
APPROVAL
8. Application of 1345 OCEANA, L.L.C. for a Change of Zoning District Classification
from AG-2 Agricultural District to Conditional B-2 Community Business District at 1345
and 1335 Oceana Boulevard to develop the site with office-warehouse (storage) and
commercial uses. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
9. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-20 Residential District to P-l Preservation District at the northeast
extremity of Shell Road to preserve the property as OPEN SPACE. (DISTRICT 4 -
BA YSIDE)
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GREEN RIBBON COMMITTEE
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. Reschedule or cancel Informal and Formal Sessions of July 4,2006 (legal holiday).
P. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call 1-800-328-1120
***********
Agenda 05/04/06 gw
www.vb!1.ov.com
1.
CITY MANAGER'S BRIEFING
Conference Room
2:30PM
1. RUDEE LOOP
Donald Maxwell, Director, Economic Development
2. COX CABLE FRANCHISE
Gwen Cowart, Director, Communications and Information Technology Department
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
Conference Room
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V1. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Walter A. Whitehurst
Pastor - Retired
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.
PUBLIC HEARING:
FY 2006-2007 Management Resource Plan (Budget)
April 20, 2006
2.
INFORMAL and FORMAL SESSIONS
April 25, 2006
G. AGENDA FOR FORMAL SESSION
iBrsnlutintt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City CounciL
G. PUBLIC HEARINGS
1. COX COMMUNICATIONS HAMPTON ROADS LLC, INC. - Franchise
2. LEASE OF CITY-OWNED PROPERTY
a. C.B.M. Co. t/a SCHOONER INN - 215 Atlantic Avenue
1. CONSENT AGENDA
PUBliC NOTICE
Notice is Ilereby given that bids shall be received for
an ordinance proposing to grant a franchise to Cox
Communications Hampton Roads, LLC, Inc. for use of
public rights-of-way and easements for the construction,
maintenance, and operation of a cable system in the
City of Virginia Beacll. 8ids shall be received by the City
of Virginia Beach, Finance/Purchasing Division, Prin-
cess Anne Executive Park, Kempsville Building, 1st
Floor, 2388 Court Plaza Drive, Virginia Beach, Virginia
23456 on or before 3:00 p.m. on May 8, 2006. Bids
received after that time and date shall be rejected. Bids
will be forwarded to the Mayor of the City of Virginia
Beach at the regular meeting of the City Council, which
will be held in the Council Chamber, City Hall Building,
Municipal Center, Virginia Beach, Virginia, on May 9,
2006 at 6:00 p.m., and after the receiving of bids, the
Council will either proceed with awarding the aforesaid
ordinance at its meeting on May 23, 2006 or will defer
the matter to a subsequent meeting.
All bids must be in writing. The right to reject any
and all bids is hereby expressly reserved. A descriptive
notice of the ordinance awarding the franchise is in the
following words:
AN ORDINANCE GRANTING A FRANCHISE TO COX
COMMUNICATIONS HAMPTON ROADS, LLC. INC TO
CONSTRUCT, OPERATE AND MAINTAIN A CABLE
SYSTEM IN THE CITY OF VIRGINIA BEACH, VIRGINIA;
SETTING FORTH CONDITIONS ACCOMPANYING THE
GRANT OF THE FRANCHISE; PROVIDING FOR REGU-
LATION AND USE OF THE SYSTEM; AND PRESCRIB-
ING PENALTIES FOR VIOLATION OF THE PROVISIONS
HEREIN
A copy of the proposed ordinance is on file and
available for inspection during normal business hours in
the office of the City Clerk.
Ruth Hodges Smith, MMC
City Clerk
r?~4-/~
VP April 23 & 30, 2006
14972833
NOTICE OF PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City"owned prop-
erty for the following parcel on. Tuesday, May 9, 2006,
at 6:00 p.m. in the Council Chamber of the City Hall
Building (Building #1) at the Virginia Beach Municipal
Center, Virginia Beach, Virginia. The purpose of this
Hearing will be to obtain public comment on the City's
proposal to lease the following parcel:
0.21 acres of land to C.B.M. Co. Va Schooner Inn
If you are physically disabled, visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385 4303; Hearing impaired , call
TDD only 427-4305 (TOO Telephone Device for the
Deaf).
Any questions concerning this matter should be directed
to the Department of Management Services - Facilities
Management Office, Room 228, Building 18, at the Vir-
ginia Beach Municipal Center. The Facilities Manage-
ment Office telephone number is (757) 385 8234.
Ruth Hodges Smith, MMC
City Clerk
Beacon Apni 30, 2006
a--=/fr/~
15006668
J. ORDINANCES/RESOLUTIONS
1. Ordinances re FY 2006-2007 Biennial Resource Management Plan (Operating Budget):
a. EST ABLISH the tax levy on real estate for FY 2007 at $0.99
b. ESTABLISH the tax levy on personal property and machinery and tools for the
calendar year 2007 at $3.70
c. APPROPRIATE $1,639,515,908 for the Fiscal Year, beginning July 1,2006, and ending
June 30, 2007, for Operations and $575,632,538 in Interfund Transfers regulating the
payment of money out of the City Treasury, as amended
d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S.
Department of Housing and Urban Development (HUD) re review, approval and funding
of the Plan
e. AMEND 9935-64 and 35-67 of the City Code re the exemption or deferral of real
estate taxes for elderly or disabled persons by increasing income and net worth limits
f. APPROPRIATE $9,000,000 funding within the Sandbridge Tax Increment
Financing (TIF) District as SURPLUS in the FY 2005-2006 Operating Budget
g. AMEND funding sources for the Agriculture Reserve Program (ARP) by lowering
the amount of real estate tax revenue to nine-tenths of a cent (.9 cent)
h. AMEND 917-19 of the City Code re assessment of additional Court costs to support
the Public Law Library
1. AMEND 935-280 of the City Code re motor vehicle license fees
2. Ordinances re FY 2006-2007 BIENNIAL CAPITAL BUDGET:
a. FY 2007IFY 2012 Capital Improvement Program (CIP) and APPROPRIATE
$214,569,984 for the FY 2007 Capital Budget, subject to funds being provided from
various sources set forth therein
b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the
maximum amount of$63,800,000 for various public facilities and general improvements
c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the
maximum amount of $2,51 0,000
d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum
amount of $18,950,465
e. Resolution AUTHORIZING the City Manager to use EXCESS FY2005-06 Fund
Balance from the General Fund for selected capital projects
3. Ordinance to AMEND and REORDAIN 996-112 and 6-113 re designation of channel
lines and mooring or anchoring within marked channels
4. Ordinance to ADD 921-303.1 to the City Code for enforcement and penalties re parking
spaces reserved for persons with disabilities violations
5. Ordinance AUTHORIZING the City Manager to execute a twelve-month Lease with the
C.B.M. Co. T/A SCHOONER INN to be used as an overflow parking lot for registered
guests at 108 Atlantic Avenue (DISTRICT 6 - BEACH)
6. Ordinance AUTHORIZING the Sheriffto reimburse $1,500 to a Deputy for legal fees
and expenses incurred during defense of a criminal charge resulting from the
performance of official duties from the Sheriffs office FY 2005-06 Operating Budget.
7. Ordinances to AUTHORIZE temporary encroachments into:
a. City's right-of-way at Cypress Avenue (aka 416 Caspian Avenue) by
CHRISTOPHER A. and KALLI T. SCAGLIONE to construct and maintain
riprap and a pier (DISTRICT 6 - BEACH)
b. Bass Inlet East (adjacent to 2841 Sandpiper Road) by ANDERS HELLSTROM
to construct and maintain a boat dock (DISTRICT 7 - PRINCESS ANNE)
8. Ordinance to APPROPRIATE $49,185 in estimated revenue from the State
Compensation Board to the Commonwealth's Attorney's FY 2005-06 Operating Budget
re purchase of equipment and various other expenses.
9. Ordinance to ACCEPT and APPROPRIATE $80,000 from West Neck Properties, Inc.
(Eagles Nest) to Capital Improvement Project (CIP) "Open Space Program Site
Acquisition," re acquiring land for open space consistent with the Outdoors Plan.
10. Ordinance to ACCEPT and APPROPRIATE $31,000 from Kemp Fussell, L.L.C.
(Bernard Farms) to the Capital Improvement Project (CIP), "Park Playground
Renovations - Phase II," to subsidize renovations to Landstown Meadows
Neighborhood Park.
11. Ordinance to TRANSFER $4,000,000 within the FY 2005-06 School Board Operating
Budget:
a. $1,090,000 from Instruction to Transportation
b. $2,500,000 from Instruction to Operations and Maintenance
c. $ 410,000 from Administration, Attendance and Health to Operations and
Maintenance
12. Resolution ESTABLISHING the Green Ribbon Committee re improvement of water
quality in the City's waterways
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2006-07 Operating Budget and Related Ordinances
MEETING DATE: May 9,2006
. Background: On March 28, 2006, the City of Virginia Beach FY 2006-07
through FY 2007-08 Proposed Biennial Resource Management Plan, which includes the
Operating Budget and Capital Improvement Program, was prepared in accordance with
section 2-186.1 of the City Code. City Council adopted section 2-186.1 in March 2005,
requiring that the budget be developed with a base level of the previous fiscal year's
real estate tax levies plus revenue resulting from new development. City Council
workshops were held on April 11 th, 18th, 20th, 25th and May 3rd to provide information to
the City Council. On April 20th and 25th public hearings were held to provide the public
the opportunity to comment on the proposed Resource Management Plan and real
estate tax rate, respectively.
. Considerations: The proposed ordinances were updated to reflect City
Council's direction at the May 3, 2006 Reconciliation Workshop. These changes include
an additional $515,000 for increasing the net worth limit for Tax Relief for the Elderly
and Disabled from $200,000 to $350,000; providing $29,000 for full-time support to the
Human Rights Committee; providing $600,000 with $400,000 offset by revenue for the
Patriotic Festival; providing $73,000 for a full-time Museum Education position for the
Lynnhaven House operations; reducing the cost of the Public Safety Compression Plan
by $700,000 to reflect revised estimates while still meeting the objectives of the
program; and reducing Reserve for Contingencies by $117,000. The following
ordinances are provided for the Council's consideration and approval to implement the
FY 2006-07 Operating Budget. Unless otherwise noted, approval requires an
affirmative vote by a majority of the members of City Council.
1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1,
2006 and Ending June 30, 2007 in the sum of $1,639,515,908 for Operations
and $575,632,538 in Interfund Transfers and Regulating the Payment of
Money Out of the City Treasury, as Amended
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2007
3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery
and Tools for the Calendar Year 2007
4. An Ordinance to Authorize the City Manager to Submit an Annual Funding
Plan to the U.S. Department of Housing and Urban Development
5. An Ordinance to Amend the City Code Pertaining to the Exemption or
Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing
Income and Net Worth Limits
6. An Ordinance to Declare $9,000,000 of Funding Within the Sand bridge Tax
Increment Financing Special Revenue Fund as Surplus Funds in the FY
2005-06 Operating Budget
7. An Ordinance to Amend the Funding Sources for the Agriculture Reserve
Program by Lowering the Amount of Real Estate Tax Revenue
8. An Ordinance to Amend the City Code Pertaining to the Assessment of
Additional Court Costs to Support the Public Law Library
9. An Ordinance to Amend Section 35-280 of the City Code Pertaining to Motor
Vehicle License Fees
. Public Information: Information will be disseminated to the public through the
normal Council agenda process involving the advertisement of the City Council agenda
and public hearings, pursuant to local and State code requirements.
. Recommendations: Approval
. Attachments: FY 2006-07 Operating Budget ordinances
Recommended Action: Approval of Ordinances
Submitting Department/Agency: Department of Management Services
City Manager: (/ ~~
~ J LU......- L..
1
2
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
REAL ESTATE FOR FISCAL YEAR 2007
3
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Sec. 1. Amount of Levy on Real Estate.
5 There shall be levied and collected for fiscal year 2007 taxes for general purposes on all real estate,
6 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and
7 not otherwise provided for in this ordinance, at the rate of ninety-nine ona doll::lr twG aRG thirty nine eRe-
8 hundredths cents ($1.0239) ($0.99) on each one hundred dollars ($100) of assessed valuation thereof. The real
9 property tax rate that has been prescribed in this section shall be applied on the basis of one hundred percentum
10 of the fair market value of such real property, except for public service real property, which shall be on the basis
11 as provided in Section 58.1-2604 of the Code of Virginia.
12 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real
13 Estate, "Certified Storm Water Management Developments and Property," "Certified Solar
14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and
15 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain
16 Wetlands and Riparian Buffers.
17 In accordance with Sections 58.1-3660 (A), 58.1-3660,1,58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666
18 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2007, taxes on all
19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities,"
20 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments
21 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy
22 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of
23 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by
24 Code of Virginia S 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia S
25 58.1-3666, not exempt from taxation, at a rate of ninety-nine ona dollar twe aRG thirty nine ona hundredths cents
26 ($1.0239) ($0.99) on each one hundred dollars of assessed valuation thereof. The real property tax rates
27 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
28 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the
29 Code of Virginia.
30 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
31 There shall be levied and collected for fiscal year 2007, taxes for the special purpose of providing beach and
32 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service
33 District, not exempt from taxation, at the rate of twelve six cents ~ it.QID on each one hundred dollars ($100)
34 of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in
35 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis GR of one
36 hundred percentum of the fair market value of such real property~ except for public service real property, which
37 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
38 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
39 For the special purpose of operating and maintaining the parking garage and providing enhanced
40 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well
41 as other additional services authorized by Virginia Code S 15.2-2403, there shall be levied and collected for fiscal
42 year 2007, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at
43 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate
44 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate
45 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real
46 property~ except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of
47 the Code of Virginia.
48 Sec. 5. Severability.
49 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
50 shall not affect the validity of the remaining portions of this ordinance.
51 Sec. 6. Effective date.
52
The effective date of this ordinance shall be July 1, 2006.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
53
54
Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Offi e
Management Services
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON
2 PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR
3 THE CALENDAR YEAR 2007
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Sec. 1. Amount of Levy on Tangible Personal Property.
6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and
7 collected for general purposes for the calendar year 2007 on all tangible personal property, including all separate
8 classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise
9 provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars
10 ($100) assessed valuation thereof.
11 Specific categories of personal property taxed at this rate include, but are not limited to, the
12 following:
13
a.
aircraft and flight simulators as described in Code of Virginia ~ 58.1-3506 (A) (2) and (3) ;
14
b.
antique motor vehicles as described in Code of Virginia ~ 58.1-3506 (A) (4) ;
15
c.
heavy construction equipm~nt as described in Code of Virginia ~ 58.1-3506 (A) (6) ;
computer equipment as described in Code of Virginia ~ 58.1-3506 (A) (9) ;
16
d,
17
e.
tangible personal property as described in (a) Code of Virginia ~ 58.1-3660 as "certified pollution
18 control equipment and facilities" or (b) Code of Virginia ~ 58.1-3661 as "certified solar equipment, facilities or
19 devices and certified recycling equipment, facilities or devices"; and
20
f.
personal vehicles as described in ~ 58.1-3524 of the Code of Virginia. Taxes shall be levied and
21 collected for general purposes for the calendar year 2007 on the assessed value of all personal vehicles not
22 otherwise exempted from taxation in this ordinance, subject to the following:
23
1.
Any personal vehicle with a total assessed value of $1 ,000 or less will be levied no tax.
24
2.
Any personal vehicle with an assessed value of between $1,001 and $20,000 will be
25 levied ~ 36.2% of the computed tax based on the total assessed value of the vehicle. Reimbursement is
26 expected from the state under the Personal Property Tax Relief Act equal to the remaining ~ 63.8% of the
27 computed tax on the first $20,000 of assessed value.
28
3.
Any personal vehicle with an assessed value of over $20,000 will be levied ~ 36.2%
29 of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the
30 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property
31 Tax Relief Act equal to the remaining ~ 63.8% of the computed tax on the first $20,000 of assessed value.
32 4. Pursuant to authority conferred in Item 503.D of the 2005 Virqinia Appropriations Act. the
33 City Treasurer is authorized to issue a supplemental personal property tax bill. in the amount of 100% of the tax
34 due without reqard to any former entitlement to state relief, plus applicable penalties and interest. to any taxpayer
35 whose taxes with respect to a qualifyinq vehicle for tax year 2005 or any prior tax year remain unpaid on
36 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no lonqer available from the
37 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this
38 section shall be computed on the entire amount of tax owed. Interest shall be computed from the oriqinal due
39 date of the tax.
40 Sec. 2. Amount of Levy on Manufactured Homes.
41 In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and
42 collected for general purposes for the calendar year 2007 taxes on all vehicles without motive power, used or
43 designated to be used as manufactured homes, as.defined by Section 36-85.3 of the Code of Virginia, at the rate
44 of one dollar ninety-nine tv.'o 3nd thirty nine one hundredths cents ($1.0239) ($0.99) on each one hundred dollars
45 ($100) of assessed valuation thereof.
46 Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More.
47 In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and
48 collected for general purposes for the calendar year 2007 taxes on all boats or watercraft weighing five (5) tons or
49 more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each
50 one hundred dollars ($100) of assessed valuation thereof.
51 Sec. 4. Amount of Levy on Machinery and Tools.
52 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected
53 for general purposes for the calendar year 2007 taxes on machinery and tools, including machinery and tools
54 used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at
55 the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by
56 Code of Virginia 9 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and
57 tools:
58
a.
all tangible personal property used in research and development businesses, as described in
59
Code of Virginia S 58.1-3506 (A) (5) ;
60
b.
generating or cogenerating equipment, as described in Code of Virginia S 58.1-3506 (A) (7) ; and
61
c.
all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more
62
used to transport property for hire by a motor carrier engaged in interstate commerce, as
63
described in Code of Virginia S 58.1-3506 (A) (7) .
64 Sec. 5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational
65 Purposes Only.
66 In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of
67 Virginia, there shall be levied and collected for general purposes for the calendar year 2007 taxes on all privately
68 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
69 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof.
70 Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and
71 Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers.
72 In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall
73 be levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents
74 ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
75 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and
76 privately owned travel trailers as defined in Code of Virginia S 46.2-1900, that are used for recreational purposes
77 only; and (b) privately owned trailers as defined in S 46,2-100 of the Code of Virginia that are designed and used
78 for the transportation of horses, except those trailers described in subdivision (A) (11) of S 58.1-3505 of the Code
79 of Virginia.
80 Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
81 In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced
82 tax, levied and collected for general purposes for the calendar year 2007 at the rate of one dollar and fifty cents
83 ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly
84 used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or
85 who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
86 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed
87 at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to
88 the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so
89 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506
90 (A) (17) , and that his or her disability is service connected.
91 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-
92 Five Years of Age or Anyone Found to be Permanently and Totally Disabled.
93 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced
94 tax, levied and collected for general purposes for calendar year 2007, at the rate of three dollars ($3.00) on each
95 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used
96 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled,
97 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions:
98
1.
The total combined income received, excluding the first $7,500 of income, from all sources
99 during calendar year 2006 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
100 ($22,000).
101
2.
The owner's net financial worth, including the present value of all equitable interests, as of
102 December 31 of calendar year 2006, excluding the value of the principal residence and the land, not exceeding
103 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000).
104
3.
All income and net worth limitations shall be computed by aggregating the income and
105 assets,as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any
106 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,
107 irrespective of how such motor vehicle may be titled.
108
b.
Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or
109 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have
110 been satisfied.
111 Sec. 9. Assessed Value Determination.
112 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the
113 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the
114 Revenue for the City of Virginia Beach.
115 Sec. 10. Severability.
116 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
117 decision shall not affect the validity of the remaining portions of this ordinance.
118 Sec. 11. Effective Date.
119 This ordinance shall be effective January 1,2007.
120 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
121 Requires an affirmative vote by a majority of the members of City Council.
122
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
-B~~dQ, (L1l~~
Management Services ~-)
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE
2 FISCAL YEAR BEGINNING JULY 1, 2006 AND ENDING JUNE
3 30, 2007 IN THE SUM OF $1,639,515,908 FOR OPERATIONS
4 AND $575,632,538 IN INTERFUND TRANSFERS AND
5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY
6 TREASURY, AS AMENDED
7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
8 beginning July 1, 2006, and ending June 30, 2007, and it is necessary to appropriate sufficient funds to cover
9 said budget;
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12 Section 1. That the amounts named aggregating $2,215,148,446 consisting of $575,632,538 in interfund
13 transfers and $1,639,515,908 for operations, are hereby appropriated subject to the conditions hereinafter set
14 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter
15 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal
16 year beginning July 1, 2006, and ending June 30, 2007, a summary of which is attached to this ordinance as
17 "Attachment A - Appropriations."
18 Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of
19 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of
20 Appropriations attached to this ordinance as "Attachment B - Revenues."
21 Section 3. With the exception of the School Operating Fund, and the Sheriff's Special Revenue Fund,
22 the total number of full-time permanent positions shall be the maximum number of positions authorized for the
23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council
24 or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-
25 time or temporary positions provided the aggregate amount expended for such services shall not exceed the
26 respective appropriations made therefore. The City Manager is further authorized to make such rearrangements
27 of positions within and between the departments as may best meet the needs and interests of the City.
28 Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City
29 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions
30 throughout the fiscal year as may be necessary to implement organizational adjustments that have been
31 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments
32 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to
33 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a
34 report each year to the City Council identifying the status and progress of any such organizational adjustments.
35 Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and,
36 where appropriate, to any special service district special revenue fund or any tax increment financing funds
37 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to
38 which a special levy is made in the amount of collection for each specially designated fund.
39 Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of
40 business for the fiscal year ending on June 30, 2007, unless otherwise provided for, are hereby declared to be
41 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the
42 General Fund Balance, and may be used for the payment of the appropriations that may be made in the
43 appropriation ordinance for the fiscal year beginning July 1, 2007. However, there shall be retained in the
44 General Fund an undesignated fund balance of 8% to 12% of the following year's budgeted revenues, for
45 contingency and emergency situations, not to be used to support appropriations approved in the ordinance for
46 the fiscal year beginning July 1, 2006, except upon subsequent authorization by City Council.
47 Section 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall serve
48 as a basis for developing financial strategies for the water and sanitary sewer system based on the following
49 guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one
50 year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service
51 coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including
52 water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund,
53 contributions from non-borrowed funds, on a five-year rolling average basis, will be sought for approximately 25%
54 of the annual capital program for the water and sewer system.
55 Section 8. All balances of appropriations in each fund which support authorized obligations or are
56 encumbered at the close of the business for the fiscal year ending on June 30, 2007, are hereby declared to be
57 reappropriated into the fiscal year beginning July 1, 2007, and estimated revenues adjusted accordingly.
58 Section 9. No department or agency for which appropriations are made under the provisions of this
59 Ordinance shall exceed the amount of such appropriations except with the consent and approval of the City
60 Council first being obtained, It is expressly provided that the restrictions with respect to the expenditure of the
61 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does
62 not apply to Interfund Transfers.
63 Section 10. The City Manager or the Director of Management Services is hereby authorized to approve
64 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this
65 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000
66 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all
67 Reserves for Contingencies except Reserve for Contingencies - Regular, within the intent of the Reserve as
68 approved by City Council.
69 Section 11. The City Manager or the Director of Management Services is hereby authorized to establish
70 and administer budgeting within Appropriation Units consistent with best management practices, reporting
71 requirements, and the programs and services adopted by the City Council.
72 Section 12. The City Manager or the Director of Management Services is hereby authorized to change
73 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in
74 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is
75 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
76 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total
77 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
78 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be
79 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for
80 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to
81 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which
82 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
83 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the
84 bonded debt of the City Government.
85 Section 13. Allowances made from the appropriations made in this ordinance by any or all of the City
86 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by
87 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed
88 thirty-nine ~ cents ($0.39) ~ per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per
89 mile for additional miles of such use within the fiscal year~; for fiscal year 2007-08. allowances shall not exceed
90 forty-two cents ($0.42) oer mile of actual travel for the first 15.000 miles and fifteen cents ($0.15) oer mile for
91 additional miles of such use within the 2007-08 fiscal year.
92 Section 14. In the event of an emergency and under emergency circumstances wherein the City Council
93 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums
94 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible.
95 Immediately following the expenditure of funds under this provision, and as soon as the City Council can
96 reasonably meet under the existing circumstances, the City Manager shall notify the City Council the reason for
97 such action, how funds were expended, and present to the City Council for adoption an emergency
98 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to
99 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency
100 expenditures occurred.
101 An emergency is defined for the purposes of this provision as an event that could not have been
i ')2 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public
,03 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to
104 protect or preserve public properties.
105 Section 15, All travel expense accounts shall be submitted on forms approved by the Director of Finance
106 and according to regulations approved by the City Council. Each account shall show the dates expenses were
107 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses.
108 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts
109 are submitted for "lump-sum" amounts.
110 Section 16. That oroiections have been oreoared and considered for fiscal year 2007-08, the second
111 year of the biennial budqet. and such oroiections shall form the basis for the fiscal year 2007-08 ooeratinq
112 budqet. The City Manaqer will modify these as aoorooriate and will oresent a orooosed fiscal year 2007-08
113 budqet to City Council for review and subsequent adootion.
114 Section 17. On March 28. 2006. the City Council adooted an ordinance aoorooriatinq $15,000,000 for
115 FY 2006-07 to comolv with the Base Realiqnment and Closure Commission requirements reqardinq Naval Air
116 Station Oceana. The $15,000,000 is included in both the Operatino Budoet and Capital Improvement Prooram
117 ordinances as summarized in Attachment A to both ordinances. Adoption of the Operatino Budoet and Capital
118 Improvement Proqram ordinances incorporates this appropriation into the FY 2006-07 budoet.
119 Section 49. 18. Violation of this ordinance may result in disciplinary action by the City Manager against
120 the person or persons responsible for the management of the Appropriation Unit in which the violation occurred.
121 Section 4+. 19. This ordinance shall be effective on July 1, 2006.
122 Section -1-8. 20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid,
123 such decision shall not affect the validity of the remaining parts of this ordinance.
124 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006.
125 Requires an affirmative vote by a majority of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~ 0._
"k'rM ~
City Attorney's ffice
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
FY 2006-07
Proposed
002 General Fund
Agriculture
Audit Services
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Bureau
Convention and Visitor Bureau (Major Projects)
Director of Finance
E3 Initiative
Economic Development
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Human Services Integration - Information Technology
Independent Financial Services
Juvenile Probation
Juvenile and Domestic Relations District Court
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning and Community Development
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
897,802
498,130
297,579
19,090
964,512
3,647,015
590,857
3,605,189
2,669,257
4,891,375
2,612,423
3,736,493
6,219,672
20,377 ,279
645,479
4,632,223
5,252,428
4,791,062
35,000
2,085,938
6,373,363
2,582,337
37,707,474
325,327
1,213,808
3,272,500
1,566,802
4,490,424
84,170,350
619,406
145,003
2,284,866
158,048
16,134,126
139,934
3,739,484
2,067,558
578,200
1,987,485
13,540,728
9,808,925
77 ,384,257
80,091,616
1 ,862,068
18,196,514
8,474,259
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
Transfer to Other Funds
Vehicle Replacements
Wetlands Board of Virginia Beach
Zoning Board of Appeals
FY 2006-07
Proposed
508,386,383
4,400,000
13,925
42,455
Fund 002 Appropriation Totals 960,226,428
108 School Instructional Technoloav Fund
Instructional Technology
6,636,000
Fund 108 Appropriation Totals 6,636,000
109 School Vendina Operations Fund
Education - Athletic
1,365,000
Fund 109 Appropriation Totals 1,365,000
112 School Communication Tower TechnoloQV Fund
Instructional Technology
400,000
Fund 112 Appropriation Totals 400,000
114 School Cafeteria Fund
Education - Cafeteria
25,411,511
Fund 114 Appropriation Totals 25,411,511
115 School Operatina Fund
Administration, Attendance, and Health
Instruction
Less: City Manager Reduction
Operations and Maintenance
Pupil Transportation
22,984,779
538,700,909
-7,116,408
89,415,253
33,553,556
Fund 115 Appropriation Totals 677,538,089
116 School Grants Fund
Education - Grants
55,921,032
Fund 116 Appropriation Totals 55,921,032
117 School Textbook Fund
Education - Textbook
7,477,925
Fund 117 Appropriation Totals 7,477,925
119 School Athletic Special Revenue Fund
Education - Athletic
Fund 119 Appropriation Totals
4,499,489
4,499,489
120 Federal Police Department Grant Fund
Police (Uniform Patrol Grant)
Reserve for Contingencies
Fund 120 Appropriation Totals
823,530
23,696
847,226
130 Law Library Fund
Library (Law Library)
Reserve for Contingencies
Transfer to Other Funds
Fund 130 Appropriation Totals
352,831
23,367
60,000
436,198
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
134 E-911 Communications Special Revenue Fund
Communications and Information Technology
Reserve for Contingencies
Transfer to Other Funds
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
143 Access Channel Support Special Revenue Fund
Communications and Information Technology
146 Police Extraditions Special Revenue Fund
Police (Airplane Enterprise)
Police (Extraditions)
147 Federal Section 8 ProQram Special Revenue Fund
Housing and Neighborhood Preservation (Section 8 Housing)
Housing and Neighborhood Preservation (Section 8)
Reserve for Contingencies
148 Comprehensive Services Act Special Revenue Fund
Human Services
Reserve for Contingencies
149 Sheriff's Department Special Revenue Fund
R.eserve for Contingencies
Sheriff and Corrections
150 Inmate Services Special Revenue Fund
Reserve for Contingencies
Sheriff and Corrections (Inmate Services)
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Parks and Recreation
Public Works
Reserve for Contingencies
Transfer to Other Funds
152 Tourism Growth Investment Fund
Convention and Visitor Bureau (TGIF)
Museums
Parks and Recreation (TGIF)
Planning and Community Development (TGIF)
Fund 134 Appropriation Totals
Fund 142 Appropriation Totals
Fund 143 Appropriation Totals
Fund 146 Appropriation Totals
Fund 147 Appropriation Totals
Fund 148 Appropriation Totals
Fund 149 Appropriation Totals
Fund 150 Appropriation Totals
Fund 151 Appropriation Totals
FY 2006-07
Proposed
9,917,163
2,077 ,867
1,247,872
13,242,902
160,000
160,000
36,025
36,025
568,891
229,914
798,805
150,000
10,998,670
37,074
11,185,744
10,164,521
1,099
10,165,620
136,568
30,428,635
30,565,203
2,408
546,834
274,551
823,793
22,851,542
2,603,201
422,762
69,540
25,947,045
2,875,852
50,500
31,301
376,962
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
Public Works (TGIF)
Reserve for Contingencies
Transfer to Other Funds
156 Police Services Special Revenue Fund
Police
FY 2006-07
Proposed
724,478
1,134,309
11,774,801
Fund 152 Appropriation Totals 16,968,203
20,000
Fund 156 Appropriation Totals 20,000
157 Sandbridae Special Service District Special Revenue Fund
Transfer to Other Funds
158 EMS State Four-for-Life Special Revenue Fund
Emergency Medical Services
159 Fire Proarams Special Revenue Fund
Fire (Fire Programs)
161 Aariculture Reserve Proaram Special Revenue Fund
Agriculture (Agricultural Reserve Program)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
163 Tourism Advertisina Proaram Special Revenue Fund
Convention and Visitor Bureau (Tourism Advertising)
Reserve for Contingencies
165 Lvnnhaven Mall Tax Increment Financina Fund
Reserve for Contingencies
Tax Increment Financing
166 Sandbridae Tax Increment Financina Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 157 Appropriation Totals
Fund 158 Appropriation Totals
Fund 159 Appropriation Totals
Fund 161 Appropriation Totals
Fund 163 Appropriation Totals
Fund 165 Appropriation Totals
Fund 166 Appropriation Totals
167 Arts and Humanities Commission Special Revenue Fund
Arts and Humanities Commission
Fund 167 Appropriation Totals
169 Central Business District - South TIF (Town Center) Fund
Reserve for Future Commitments
Transfer to Other Funds
Fund 169 Appropriation Totals
2,304,114
2,304,114
225,000
225,000
597,879
597,879
207,632
3,169
876,517
2,958,937
4,046,255
9,367,786
25,470
9,393,256
274,257
1,950,000
2,224,257
8,979,789
1,428,673
10,408,462
492,206
492,206
437,200
2,917,894
3,355,094
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
170 Virainia Aquarium Special Revenue Fund
Museums (Virginia Marine Science Museum)
Reserve for Contingencies
172 Open Space Special Revenue Fund
Parks and Recreation (Open Space)
Public Works (Open Space)
Reserve for Contingencies
Reserve for Future Commitments
Transfer to Other Funds
173 Maior Proiects Special Revenue Fund
Public Works (Major Projects)
Reserve for Contingencies
Transfer to Other Funds
174 Town Center Special Tax District
Reserve for Contingencies
Town Center Special Tax District
Transfer to Other Funds
175 Golf Course Special Revenue Fund
Parks and Recreation (Golf Courses)
Reserve for Contingencies
Transfer to Other Funds
176 Transition Area Special Revenue Fund
Reserve for Future Commitments
180 Community Development Special Revenue Fund
Community Development Block Grants
Housing and Neighborhood Preservation
Reserve for Contingencies
Transfer to Other Funds
181 CD Loan and Grant Fund
Community Development Block Loan and Grants
182 Federal HousinQ Assistance Grant Fund
Federal HOME Grants
Fund 170 Appropriation Totals
Fund 172 Appropriation Totals
Fund 173 Appropriation Totals
Fund 174 Appropriation Totals
Fund 175 Appropriation Totals
Fund 176 Appropriation Totals
Fund 180 Appropriation Totals
Fund 181 Appropriation Totals
Fund 182 Appropriation Totals
FY 2006-07
Proposed
6,844,146
94,625
6,938,771
181,889
15,000
7,500
562,262
4,229,491
4,996,142
339,627
12,140
18,149,069
18,500,836
204,731
837,769
39,634
1,082,134
2,485,201
86,750
200,000
2,771,951
54,707
54,707
1,582,129
1,355,040
58,392
123,129
3,118,690
262,674
262,674
1,450,998
1,450,998
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
FY 2006-07
Proposed
183 Grants Consolidated Fund
Commonwealth's Attorney - Grants
Fire Grants
Housing and Neighborhood Grants
Human Services
Police (Uniform Patrol Grant)
Public Works Grants
Reserve for Contingencies
Social Services Grants
Fund 183 Appropriation Totals
299,409
997,734
1,050,852
999,815
57,585
15,000
139,479
701,784
4,261,658
185 Mental Health Grants Fund
Human Services
Human Services (Substance Abuse Grants)
Transfer to Other Funds
210,446
506,084
12,000
Fund 185 Appropriation Totals 728,530
187 Marine Science Museum Grants Fund
Museum Grants
31,000
Fund 187 Appropriation Totals 31,000
241 Water and Sewer Fund
Debt Service
Public Utilities
Reserve for Contingencies
Transfer to Other Funds
13,198,752
67,414,416
1,371,689
11,570,597
Fund 241 Appropriation Totals 93,555,454
253 ParkinQ Enterprise Fund
Convention and Visitor Bureau (Parking)
Reserve for Contingencies
Transfer to Other Funds
2,017,243
313,477
852,717
Fund 253 Appropriation Totals 3,183,437
255 Storm Water Utility Enterprise Fund
Debt Service
Public Works (Storm Water Operations)
Reserve for Contingencies
Transfer to Other Funds
957,593
9,919,538
392,813
8,978,505
Fund 255 Appropriation Totals 20,248,449
302 General Debt Fund
Debt Service
110,046,591
Fund 302 Appropriation Totals 110,046,591
460 School General Revenue Capital Proiects Fund
School Capital Projects
12,936,308
Fund 460 Appropriation Totals 12,936,308
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment A - Appropriations
FY 2006-07
Proposed
540 General Government Capital Projects Fund
Building Capital Projects
Coastal Capital Projects
Communications and Information Technology Projects
Economic and Tourism Development Capital Projects
Parks and Recreation Capital Projects
Roadways Capital Projects
1,890,300
5,877,101
950,000
9,953,677
8,141,207
7,074,485
Fund 540 Appropriation Totals 33,886,770
541 Water and Sewer Capital Projects Fund
Water and Sewer Capital Projects
6,250,000
Fund 541 Appropriation Totals 6,250,000
555 Storm Water Capital Projects Fund
Storm Water Capital Projects
6,995,149
Fund 555 Appropriation Totals 6,995,149
908 City Beautification Fund
Parks and Recreation
10,000
Fund 908 Appropriation Totals 10,000
909 Library Gift Fund
Library Gift
8,436
Fund 909 Appropriation Totals 8,436
911 Parks and Recreation Gift Fund
Parks and Recreation (Gift Fund)
76,000
Fund 911 Appropriation Totals 76,000
950 Circuit Court Clerk TechnoloQY Fund
Circuit Court
35,000
Fund 950 Appropriation Totals 35,000
2,215,148,446
575,632,538
1,639,515,908
Total Budget Appropriations
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
002 General Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Specific Fund Reserves
Fund 002 Revenue Totals
108 School Instructional Technoloav Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
Fund 108 Revenue Totals
109 School Vendina Operations Fund
Revenue from Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
Fund 109 Revenue Totals
112 School Communication Tower Technoloav Fund
Revenue from Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 112 Revenue Totals
114 School Cafeteria Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Fund 114 Revenue Totals
115 School Operatina Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
State Shared Sales Tax
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
Fund 115 Revenue Totals
FY 2006-07
Proposed
573,685,167
242,024,208
5,096,090
5,053,033
6,700,250
10,658,531
1,644,823
81,989,020
24,138,801
8,980,577
255,928
960,226,428
1,604,382
5,031,618
6,636,000
15,000
400,000
950,000
1,365,000
200,000
200,000
400,000
70,000
12,349,395
147,288
348,716
10,723,034
1,773,078
25,411,511
465,000
1,761,594
472,000
80,495,093
267,687,525
14,771,131
311,885.746
677 ,538,089
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
116 School Grants Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 116 Revenue Totals
117 School Textbook Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 117 Revenue Totals
119 School Athletic Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Specific Fund Reserves
Fund 119 Revenue Totals
120 Federal Police Department Grant Fund
Revenue from the Federal Government
Transfers from Other Funds
Fund 120 Revenue Totals
130 Law Library Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 130 Revenue Totals
134 E-911 Communications Special Revenue Fund
Revenue from Local Sources
Other Local Taxes
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 134 Revenue Totals
142 DEA Seized Property Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Fund 142 Revenue Totals
FY 2006-07
Proposed
3,407,309
13,853,740
38,659,983
55,921,032
100,000
6,000
2,590,546
4,781,379
7,477,925
40,000
390,000
3,946,142
123,347
4,499,489
85,649
761,577
847,226
6,327
288,230
80,000
61,641
436,198
7,553,347
44,775
722,240
1,979,000
2,943,540
13,242,902
160,000
160,000
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
143 Access Channel Support Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
146 Police Extraditions Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
147 Federal Section 8 ProQram Special Revenue Fund
Revenue from Local Sources
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
148 Comprehensive Services Act Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
149 Sheriff's Department Special Revenue Fund
Revenue from Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
150 Inmate Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
151 Parks and Recreation Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Transfers from Other Funds
Fund 143 Revenue Totals
Fund 146 Revenue Totals
Fund 147 Revenue Totals
Fund 148 Revenue Totals
Fund 149 Revenue Totals
Fund 150 Revenue Totals
Fund 151 Revenue Totals
FY 2006-07
Proposed
11,000
25,025
36,025
798,805
798,805
12,500
11,159,679
13,565
11,185,744
2,500
765,426
5,876,422
3,521,272
10,165,620
1,797,290
33,215
17,360,761
240,900
11,133,037
30,565,203
15,000
806,385
2,408
823,793
1,123,253
10,216,446
80,535
1,000
14,525,811
25,947,045
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
152 Tourism Growth Investment Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
Fines and Forfeitures
From the Use of Money and Property
Transfers from Other Funds
156 Police Services Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
157 Sandbridae Special Service District Special Revenue Fund
Revenue from Local Sources
General Property Taxes
Other Local Taxes
From the Use of Money and Property
Transfers from Other Funds
158 EMS State Four-for-Life Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
159 Fire Proarams Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
161 Aariculture Reserve Proaram Special Revenue Fund
Transfers from Other Funds
163 Tourism Advertisina ProQram Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
165 Lvnnhaven Mall Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
166 Sandbridae Tax Increment Financina Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 152 Revenue Totals
Fund 156 Revenue Totals
Fund 157 Revenue Totals
Fund 158 Revenue Totals
Fund 159 Revenue Totals
Fund 161 Revenue Totals
Fund 163 Revenue Totals
Fund 165 Revenue Totals
Fund 166 Revenue Totals
FY 2006-07
Proposed
72,091
555,172
535,173
15,805,767
16,968,203
20,000
20,000
741,579
392,632
128,327
1,041,576
2,304,114
225,000
225,000
597,879
597,879
4,046,255
4,046,255
33,442
400,950
40,000
8,918,864
9,393,256
2,224,257
2,224,257
10,195,580
212,882
10,408,462
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
167 Arts and Humanities Commission Special Revenue Fund
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
Fund 167 Revenue Totals
169 Central Business District - South TIF (Town Center) Fund
Revenue from Local Sources
General Property Taxes
From the Use of Money and Property
Fund 169 Revenue Totals
170 VirQinia AQuarium Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Transfers from Other Funds
Fund 170 Revenue Totals
172 Open Space Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 172 Revenue Totals
173 Maior Proiects Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Transfers from Other Funds
Specific Fund Reserves
Fund 173 Revenue Totals
174 Town Center Special Tax District
Revenue from Local Sources
General Property Taxes
Fund 174 Revenue Totals
175 Golf Course Special Revenue Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Fund 175 Revenue Totals
176 Transition Area Special Revenue Fund
Transfers from Other Funds
Fund 176 Revenue Totals
180 Community Development Special Revenue Fund
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
Fund 180 Revenue Totals
FY 2006-07
Proposed
5,000
487,206
492,206
3,299,124
55,970
3,355,094
22,500
5,777,897
745,300
393,074
6,938,771
210,601
3,785,541
1,000,000
4,996,142
904,385
15,697,426
1,899,025
18,500,836
1,082,134
1,082,134
227,700
2,544.251
2,771,951
54,707
54,707
2,559,608
37,326
521,756
3,118,690
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
181 CD Loan and Grant Fund
Non-Revenue Receipts
Fund 181 Revenue Totals
182 Federal Housina Assistance Grant Fund
Revenue from the Federal Government
Non-Revenue Receipts
Fund 182 Revenue Totals
183 Grants Consolidated Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Non-Revenue Receipts
Transfers from Other Funds
Fund 183 Revenue Totals
185 Mental Health Grants Fund
Revenue from Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Fund 185 Revenue Totals
187 Marine Science Museum Grants Fund
Revenue from the Federal Government
Fund 187 Revenue Totals
241 Water and Sewer Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Miscellaneous Revenue
Non-Revenue Receipts
Transfers from Other Funds
Specific Fund Reserves
Fund 241 Revenue Totals
253 Parkina Enterprise Fund
Revenue from Local Sources
Permits, Privilege Fees, and Regulatory Licenses
From the Use of Money and Property
Charges for Services
Transfers from Other Funds
Specific Fund Reserves
Fund 253 Revenue Totals
255 Storm Water Utility Enterprise Fund
Revenue from Local Sources
From the Use of Money and Property
Charges for Services
Revenue from the Commonwealth
Otner Sources from the Commonwealth
Transfers from Other Funds
Fund 255 Revenue Totals
FY 2006-07
Proposed
262,674
262,674
1,400,998
50,000
1,450,998
15,000
1 ;256,338
2,639,030
41,000
310,290
4,261,658
3,000
255,221
470,309
728,530
31,000
31,000
1,933,181
86,066,470
221,495
3,397,043
241,811
1,695,454
93,555,454
30,000
55,000
2,500,000
298,437
300,000
3,183,437
120,130
14,677,074
5,383,768
67,477
20,248,449
City of Virginia Beach, Virginia
Fiscal Year 2006-07 Budget Ordinance
Attachment B - Revenues
FY 2006-07
Proposed
302 General Debt Fund
Transfers from Other Funds
110,046,591
Fund 302 Revenue Totals 110,046,591
460 School General Revenue Capital Proiects Fund
Transfers from Other Funds
12,936,308
Fund 460 Revenue Totals 12,936,308
540 General Government Capital Projects Fund
Transfers from Other Funds
33,886,770
Fund 540 Revenue Totals 33,886,770
541 Water and Sewer Capital Projects Fund
Transfers from Other Funds
6,250,000
6,250,000
Fund 541 Revenue Totals
555 Storm Water Capital Projects Fund
Transfers from Other Funds
6,995,149
Fund 555 Revenue Totals 6,995,149
908 City Beautification Fund
Revenue from Local Sources
Miscellaneous Revenue
10,000
Fund 908 Revenue Totals 10,000
909 Library Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
Specific Fund Reserves
5,600
2,836
Fund 909 Revenue Totals 8,436
911 Parks and Recreation Gift Fund
Revenue from Local Sources
Miscellaneous Revenue
76,000
Fund 911 Revenue Totals 76,000
950 Circuit Court Clerk TechnoloQY Fund
Revenue from Local Sources
Charges for Services
35,000
Fund 950 Revenue Totals 35,000
2,215,148,446
575,632,538
1,639,515,908
Total Budget Revenues
Less Interfund Transfers
NET BUDGET REVENUES
1 AN ORDINANCE TO AUTHORIZE THE CITY
2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN
3 TO THE U.S. DEPARTMENT OF HOUSING AND
4 URBAN DEVELOPMENT
5 WHEREAS, the United States Congress has established legislation designated as the Housing and
6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national
7 goal;
8 WHEREAS, there is federal assistance available for the support of Community Development and Housing
9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate
10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the
11 City's housing stock and community services, along with other related activities; and
12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia
13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban
14 Development and has created the necessary mechanisms for its implementation in compliance with federal and
15 local directives;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
17 VIRGINIA:
18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the
19 City, to submit the City's FY 2007 Annual Funding Plan (the "Plan") and amendments thereto, along with
20 understandings and assurances contained therein and such additional information as may be required, to the
21 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
.fj cMnd Q .
Management Services
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE
3 TAXES FOR ELDERLY OR DISABLED PERSONS BY
4 INCREASING INCOME AND NET WORTH LIMITS
5 SECTIONS AMENDED: 99 35-64 AND 35-67
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
8 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc.
9
(a)
Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division
10 shall be granted to persons subject to the following provisions:
11
(1 )
The title to the property for which exemption, deferral or freeze is claimed is held, or partially
12
held, on June thirtieth immediately preceding the taxable year, by the person or persons
13
claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or
14
persons.
15
(2)
The head of the household occupying the dwelling and owning title or partial title thereto or
16
either spouse in a dwelling jointly held by a husband and wife is either permanently and
17
totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year
18
immediately preceding the taxable year; provided, however, that a dwelling jointly held by a
19
husband and wife may qualify if either spouse is over sixty-five (65) years of age.
20
(3)
For the tax exemption programs, the total combined income received from all sources during
21
the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
22
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
23
exceed tI:Hft.y ~ forty-six thousand ~ one hundred dollars ($37,700.00) ($46.100.00)
provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than
24
25
a spouse of the owner, who is living in the dwelling, shall not be included in such total: and
26
provided further that the first ten thousand dollars ($10.000.00) or any portion thereof of
27
income received by a permanently and totally disabled owner shall not be included in such
28
total.
29
(4)
For the tax freeze program, the total combined income received from all sources during the
30
preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
(5)
(6)
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed fifty two thousand dollars ($52,000.00); provided that the first ten thousand dollars
($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the
dwelling, shall not be included in such total; and provided that the first ten thousand dollars
($10,000.00) or any portion thereof of income received by a permanently and totally disabled
owner shall not be included in such total.
For the tax exemption programs, the net combined financial worth, including equitable
interests, as of December thirty-first of the year immediately preceding the taxable year, of
the owners, and of the spouse of any owner, excluding the value of the dwelling and the land
(not exceeding one acre) upon which it is situated, shall not exceed GAe three hundred and
fifty soventy nine thousand five hundred dollars $179,500.00) $350,000,00.
For the tax freeze program, the net combined financial worth, including equitable interests, as
of December thirty-first of the year immediately preceding the taxable year, of the owners,
and of the spouse of any owner, excluding the value of the dwelling and the land (not
exceeding one acre) upon which it is situated, shall not exceed GAe three hundred and fifty
seventy nine thousand five hundred dollars ($179,500.00) $350.000.00.
For the tax deferral program, the total combined income received from all sources during the
preceding calendar year by: (i) the owner or owners of the dwelling who use it as their
principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not
exceed fifty-two thousand dollars ($52,000.00) provided that the first ten thousand dollars
($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the
dwelling, shall not be included in such total; and provided further that the first ten thousand
dollars ($10,000.00) or any portion thereof of income received by a permanently and totally
disabled owner shall not be included in such total.
For the tax deferral program, the net combined financial worth, including equitable interests,
as of December thirty-first of the year immediately preceding the taxable year, of the owners,
and of the spouse of any owner, excluding the value of the dwelling and the land (not
exceeding one acre) upon which it is situated, shall not exceed twG three hundred and fifty
(7)
(8)
59
thousand dollars ($200,000.00) ($350,000.00).
60
(9)
The dwelling is occupied.
61
62 Sec. 35-67. Amount of exemption.
63 When a person claiming exemption under this division conforms to the standards and does not exceed
64 the limitations contained in this division, the tax exemption shall be as shown on the following schedule:
65 Total income,
66 All Sources
Tax Exemption
67 $0.00 $27,800.00
68 $27,800.01 $30,200.00
69 $30,200.01 $32,700.00
70 $32,700.01 $35,100.00
71 $35,100,01 $37,700.00
$0.00 - $34.000.00
$34.000.01 - $36.900.00
$36.900.01 - $40,000.00
$40,000,01 - $42.900.00
$42,900.01 - $46.100.00
100%
80%
60%
40%
20%
72 No lien shall accrue as a result of the amount certified as exempt.
73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2006.
74 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Jj~ Q-
Management Services
. &line . !:Ifh _
City Attorney's Off"
1 AN ORDINANCE TO DECLARE $9,000,000 OF FUNDING WITHIN
2 THE SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS
3 SURPLUS FUNDS IN THE FY 2005-06 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge
5 Special Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline
6 restoration and management at Sandbridge;
7 WHEREAS, an analysis of the Sandbridge TIF and the Sand bridge SSD occurs annually to ensure that
8 funding is adequate for long-term beach and shoreline restoration and management along Sand bridge;
9 WHEREAS, current projections indicate that the Sandbridge TIF and Sand bridge SSD have sufficient
10 funding to meet long-term obligations for beach and shoreline restoration and management;
11 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the
12 project;
13 WHEREAS, $8,173,745 is available in the fund balance of the Sandbridge TIF and an additional
14 $826,255 is available as an unencumbered appropriation in the FY 2005-06 Sand bridge TIF Reserve for Future
15 Commitments; and
16 WHEREAS, these combined funds totaling $9,000,000 are not pledged as security for any obligations
17 and do not include any amount accrued in the Sand bridge SSD.
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
19 VIRGINIA:
20
(1 )
That $8,173,745 is hereby appropriated from the Sand bridge TIF fund balance to the Sandbridge
21
TIF Reserve for Future Commitments and combined with unencumbered Sandbridge TIF funds of
22
$826,255, for a total of $9,000,000.
23
(2)
That $9,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the
24
long-term obligations for beach and shoreline restoration and management and is hereby
25
declared surplus.
26
(3)
That $9,000,000 is hereby transferred within the FY 2005-06 Operating Budget from the
27
Sand bridge TIF to the General Fund - Unappropriated Real Estate Tax Revenues.
28
BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2006.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2006.
29
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~a~e~~
Jamu '~h
City Attorney's Offi '-
1 AN ORDINANCE TO AMEND THE FUNDING SOURCES FOR
2 THE AGRICULTURE RESERVE PROGRAM BY LOWERING
3 THE AMOUNT OF REAL ESTATE TAX REVENUE
4 WHEREAS, on May 9, 1995, the City Council adopted the Agricultural Lands Preservation Ordinance,
5 establishing the Agricultural Reserve Program (the "Program") for the preservation of agricultural lands within the
6 City, and the City Council initially dedicated a one and one-half cent increase in the real estate tax to finance the
7 Agricultural Reserve Program; and
8 WHEREAS, on May 11, 2004, the City Council lowered the dedicated amount of real estate tax from one
9 and one-half cent to one cent, and
10 WHEREAS, a financial analysis indicates that the dedicated amount of real estate tax can be lowered
11 from one aRG ona half cents to eAe nine tenths of one cent, ($0.009 GeRts} and this revenue stream will be
12 sufficient to meet current and projected obligations of the program.
13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 That, subject to appropriation, the following revenue sources will be used to pay the costs of the
16 Agricultural Reserve Program:
17
1.
GRe Nine tenths cent ($0.009) of the Real Estate Tax;
18
2.
Such other General Fund Revenues as may be committed by City Council in support of the
19 Agricultural Reserve Program; and
20
3.
Agricultural Reserve Program Fund Balance and any other revenues attributable to the Special
21 Revenue Fund.
22 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
I
: I .
'a ')1 'r ,I !
'- J JA A _ ---J7f j-^-
- /
City Attorney's Office
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE
2 ASSESSMENT OF ADDITIONAL COURT COSTS TO SUPPORT THE
3 PUBLIC LAW LIBRARY
4 SECTION AMENDED: S 17-19
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 That section 17-19 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained
7 to read as follows:
8 Sec. 17-19. Established; imposition of assessment of additional court costs to support library.
9
(a)
Pursuant to section 42.1-70 of the Code of Virginia, as amended, the city hereby creates
10
and establishes a public law library and, for the support thereof, does hereby impose and
11
provide an assessment as part of the costs incident to each civil action filed in the courts
12
located within the boundaries of the city in the sum of tAfee four dollars ($3.00) ($4.00)
13
for each action so filed.
14
(b)
The assessment provided for herein shall be in addition to all other costs prescribed by
15
law, but shall not apply to any action in which the commonwealth or any political
16
subdivision thereof or the federal government is a party, and in which the costs are
17
assessed against the commonwealth, any political subdivisions thereof or the federal
18
political subdivisions thereof or the federal government.
19
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2006.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 9th day of May, 2005.
20
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~eS~~
. /{1{Wu ~~
City Morney's Office -
1 AN ORDINANCE TO AMEND SECTION 35-280 OF THE CITY CODE
2 PERTAINING TO MOTOR VEHICLE LICENSE FEES
3 SECTION AMENDED: S 35-280
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 That Section 35-280 of the City Code is hereby amended and reordained, to read as follows:
6 Sec. 35-280. License requirement; imposition of fee.
7
(a)
There is hereby imposed a requirement for a local vehicle license, for the terms as established by this
8 Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the City.
9 The amount of the fee for this license shall be as set forth in the following subsections of this Section, and shall be due
10 annually at the same time the state registration is obtained, unless specifically provided for otherwise. A valid vehicle
11 registration, issued by the State Department of Motor Vehicles after April 21, 2003, shall, as necessary, document
12 compliance with the local vehicle license requirements imposed by this ordinance and serve as a license.
13
(b)
The license fee on a motor vehicle, designed and used for the transportation of passengers, which is
14 self-propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this Section,
15 imposed in accordance with the following schedule:
16
(1 )
Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross weight
17 of four thousand (4,000) pounds or less. . . $ 25.00 26.00
18
(2)
Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross
19 weight from four thousand and one (4,001) pounds to seven thousand five hundred (7,500) pounds. . . ~ 31.00
20
(3)
(4)
Motorcycle. . . ~ 24.00
21
Antique motor vehicles licensed permanently pursuant to Code of Virginia, S 46.2-730 (motorcycles or
22 cars) . . . 13.50
23
(5)
Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is
24 permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of
25 Virginia, S 46.2-700 . . . 15.00
26
(c)
(1 )
Unless otherwise specified in this Article, the license fees for trailers and semitrailers not
27 designed and used for the transportation of passengers on the highways in the commonwealth shall be as follows:
Registered Gross Weight Annual Fee Permanent Fee
0--1,500Ibs. $ 7-:W 8.50 $52.00
1,501--4,000 ~ 19.00 52.00
4,001 Ibs and above 25.50 52.00
28
(2)
The license fee for each trailer or semitrailer designed for use as living quarters for human beings
29 shall be twenty-five dollars ($25.00). ($26.00).
30
(3)
The license fee for all trailers designed exclusively to transport boats or horses shall be seven dollars
31 and fifty cents ($7.50).
2
(d)
There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed
.3 and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee
34 shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to
35 the maximum capacity for which it is registered and licensed by the state, according to the following schedule:
36 Pounds Fee
37 4,000 or less. . . $ ~ 25.00
38 4,001--16,000. , . ~ 30.00
39 16,001--17,000... ~ 31.80
40 17,001--18,000... J2A.G33.10
41 18,001--19,000.. .~34.40
42 19,001--20,000. . . ~ 35.70
43 20,001--21,000. . . ~ 37.00
44 21,001--22,000. . . J+,.3Q 38.30
45 22,001-23,000. . . ~ 39.60
46 23,001--24,000. . . ~ 40.90
47 24,001--25,000. . . ~ 42.20
48 25,001--26,000. . . 42-,W 43.50
49 26,001--27,000... ~44.80
50 27,001--28,000.. .4&.4G46.10
51 28,001--29,000. . . 4&.4Q 47.40
52 29,001--30,000. . . 47-,.7() 48.70
53 30,001--31,000. . .49-,00 50.00
54 31,001--32,000. . . ~ 51.30
55 32,001--33,000. . . ~ 52.60
56 33,001--34,000 . . . ~ 53.90
57 34,001--35,000. , . ~ 55.20
58 35,001--36,000.. ,~56.50
59 36,001--37,000.. . ~ 57.80
60 37,001--38,000. . . ~ 59.10
61 38,001--39,000. . . w.A() 60.40
62 39,001--40,000. . . W,.7Q 61.70
63 40,001--41,000 . . . ~ 63.00
64 41,001--42,000 . . . ~ 64.30
65 42,001--43,000 . . . M:OO 65.60
66 43,001--44,000 . . . %,W 66.90
67 44,001--45,000 . . . ~ 68.20
68 45,001--46,000. . . 68-:W 69.50
69 46,001--47,000... ~ 70.80
70 47,001--48,000.. . -74-,.W 72.10
71 48,001--49,000, . . 764G 73.40
72 49,001--50,000. , . ~ 74.70
73 50,001--51,000... ~ 76.00
74 51,001--52,000... ~ 77.30
75 52,001--53,000 . . . 1+-:W 78.60
76 53,001--54,000. . . +8,00 79.90
77 54,001--55,000. . . ~ 81.20
78 55,001--56,000.. . ~ 82.50
79 56,001--56,800.. . ~ 83.80
.,
56,801 & over. . . 8a.,OO 86.00
(e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle
82 constituting a part of such combination shall be registered as a separate vehicle, and a separate local vehicle license
83 fee shall be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle
84 falls pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a part
85 shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such gross weight
86 group. In determining the fee to be paid for the local license for a truck or tractor truck constituting a part of such
87 combination, the fee shall be assessed on the total gross weight of the combination when loaded to the maximum
88 capacity for which it is registered and licensed. However, there shall be no deduction from this fee for the local vehicle
89 license fee of the trailer or semitrailer in the combination.
90
(f)
The increases in fees authorized on May 9. 2006. shall be effective for October 1. 2006 throuoh
91 September 30.2007. and the additional revenue resultinQ from the fee increase shall fund activities associated with the
92 Viroinia Beach 2007 celebration to commemorate the 400th anniversary of the First Landino at Cape Henry and
93 subsequent settlino of Jamestown as the first settlement in the New World. Absent further action by the City Council.
94 on October 1. 2007. all fees shall revert to those rates in effect on May 9.2006.
95 COMMENT:
96 This Ordinance increases most local license fees by $1.00 to fund the Virginia Beach 2007 Celebration. The
97 Virginia Department of Motor Vehicles (DMV) serves as the collection agency for the City's vehicle license fees. The DMV
98 requires ninety days notice to process fee changes, and bills are mailed approximately sixty days in advance. Thus, the fee
99 change will go into effect for bills due in October, 2006. The increased fees will expire on September 30, 2007.
100 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 9th day of May, 2006.
APPROVED AS TO CONTENT:
~=~~~
APPROVED AS TO LEGAL SUFFICIENCY:
,Jlnm ,~
City Attorney's Offi
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The FY 2006-07 Capital Improvement Program and Related Ordinances
MEETING DATE: May 9, 2006
. Background: On March 28, 2006, the City of Virginia Beach FY 2006-07 .
through FY 2007-08 Proposed Biennial Resource Management Plan, which includes the
Operating Budget and Capital Improvement Program, was prepared in accordance with
section 2-186.1 of the City Code. City Council adopted section 2-186.1 in March 2005
requiring that the budget be developed with a base level of the previous fiscal year's
real estate tax levies plus revenues resulting from new development. City Council
workshops were held on April 11th., 18th., 20th, 25th. and May 3rd. to provide information
to the City Council. On April 20th and 25th, public hearings were held to provide the
public the opportunity to comment on the proposed Resource Management Plan and .
real estate tax rate, respectively.
. Considerations: At the May 3, 2006 Reconciliation Workshop, City Council
agreed to amend the Capital Budget qy adding Capital Project #9-069 19th Street
Corridor Improvements totaling $12.7 million for the design and construction of a
walkway along 19th Street from Parks Avenue to Arctic Avenue. Debt issued for this
project will be paid by the Tourism Growth Investment Fund.
The proposed ordinances were updated to reflect City Council's direction at the May 3,
2006 Reconciliation Workshop. The following ordinances are provided for the Council's
consideration and approval to implement the FY 2006-07 Capital Improvement
Program. Unless otherwise noted, approval requires an affirmative vote by a majority of
the members of City Council.
1. An Ordinance to Adopt the FY 2007/FY 2012 Capital Improvement Program
and to Appropriate $214,569,984 for the FY 2007 Capital Budget Subject to
Funds being Provided from Various Sources Set Forth Herein
2. An Ordinance Authorizing the Issuance of General Obligation Public
Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum
Amount of $63,800,000 for Various Public Facilities and General
Improvements
3. An Ordinance Authorizing the Issuance of Storm Water Utility System
Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum
Amount of $2,510,000
4. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue
Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of
$18,950,465
5. A Resolution Directing the City Manager to Plan for the Use of Excess FY
2005-06 Fund Balance from the General Fund for Selected Capital Projects
. Public Information: Information will be disseminated to the public through the
normal Council agenda process involving the advertisement of the City Council agenda
and public hearings, pursuant to local and State code requirements.
. Recommendations: Approval.
. Attachments: FY 2006-07 Capital Improvement Program ordinances
Recommended Action: Approval of Ordinances
Submitting Department/Agency: Department of Management Services
City Manager: ~\ l.~
1 AN ORDINANCE TO ADOPT THE FY 2007/FY 2012 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE
3 $214,569,984 FOR THE FY 2007 CAPITAL BUDGET
4 SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS
5 SOURCES SET FORTH HEREIN
6 WHEREAS, the City Manager, on March 28, 2006, presented to City Council the Capital
7 Improvement Program for fiscal years 2007 through 2012;
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9 WHEREAS, based on public comment, City Council has determined the need for certain projects in
10 the Capital Improvement Program; and
11 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in
12 the 2007 fiscal year, as set forth in said Capital Improvement Program.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to,
16 capital facilities identified for fiscal years 2007 through 2012 is hereby adopted, and the projects listed
17 therein are hereby approved as capital projects.
18 Section 2. That the projects shall be financed from funds to be appropriated periodically by City
19 Council, and until funds are so provided, the projects are for planning purposes only and may be deleted,
20 altered, or rescheduled in any manner at any time by City Council.
21 Section 3. That funds in the amounts aggregating $214,569,984 for capital projects in the Capital
22 Budget for the 2007 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated,
23 by project and subject to the conditions set forth herein. The amount of funding for individual projects is set
24 forth in "Attachment A - Capital Budget Appropriations," a copy of which is attached hereto.
25 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of
26 the Capital Budget for the 2007 fiscal year as set forth in said Capital Improvement Program are attached to
27 this ordinance as "Attachment B - Financing Sources."
28 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in
29 accordance with said Capital Improvement Program and reallocated as identified in "Attachment C -
30 Transfers," a copy of which is attached hereto.
31 Section 6. That additional appropriations and the addition of capital projects shall not be initiated
32 except with the consent and approval of the City Council first being obtained, and an appropriation for a
33 project in the Capital Improvement Program shall continue in force until the purpose for which it was made
34 has been accomplished or abandoned.
35 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of .
36 school projects, must be certified as to the availability of funds by the Director of Finance prior to the
37 initiation of work on the contract.
38 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City
39 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an
40 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager
41 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City
42 Manager or the Director of Management Services is hereby authorized to establish and administer the
43 budgeting of capital projects consistent with best management practices, reporting requirements and the
44 Capital Improvement Program adopted by the City Council.
45 Section 9. That the City Manager or the Director of Management Services is hereby authorized to
46 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for
47 the various capital projects included in this ordinance to reflect effective utilization of the financing sources.
48 If the financing sources in support of capital projects decline, the City Manager or the Director of
49 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or
50 bond issue, those appropriations to equal the changed financing source. The City Manager must give prior
51 notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City
52 Council shall identify the basis and amount of the appropriation reduction and the capital projects affected.
53 The accounting records of the City will be maintained in a manner where the total of financing sources is
54 equal to the total appropriations for each of the Citls capital projects funds.
55 Section 10. That the Capital Improvement Program debt management policies contained and
56 included in the Resource Management Plan - Executive Summary document shall be the policy guidelines
57 of the City, and the City Manager shall annually report on the status of those guidelines and the projected
58 impact of the proposed Capital Improvement Program on those guidelines, such information to be included
59 in the Resource Management Plan submittal. The City Manager may propose modifications to those
60 policies and guidelines through the Resource Management Plan.
61
Section 11. That subject to the appropriation of sufficient funds within a capital project, the
62 acquisition of real property necessary for the projeCt is authorized by means of voluntary negotiation with
63 willing sellers.
64 Section 12. That on March 28. 2006. the City Council adopted an ordinance appropriatinQ
65 $15.000.000 for FY 2006-07 to complv with the Base RealiQnment and Closure Commission (BRAC)
66 requirements reQardinq Naval Air Station Oceana. The $15.000.000 is included in both the OperatinQ
67 BudQet and Capital Improvement ProQram ordinances as summarized in Attachment A to both ordinances.
68 Adoption of the OperatinQ Budqet and Capital Improvement ProQram ordinances incorporates this
69 appropriation into the FY 2006-07 budQet.
70 Section ~ 13. That violation of this ordinance shall result in the City Manager taking disciplinary
71 action against the person or persons responsible for the capital project in which the violation occurred.
72 Section ~ 14. That if any portion of this ordinance is for any reason declared to be unconstitutional
73 or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
74 Section 44 15. That this ordinance sha'lI be in effect from the date of its adoption; however,
75 appropriations for the FY 2007 Capital Budget shall be effective on July 1, 2006.
76 Adopted by the City Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
J:)
JJfN 'YfA~
City orney's Offic
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
9.016
9.060
9.069
9.141
3.365
3.371
3.035
3.281
2.018
2.021
2.025
2.031
2.039
2.048
2.052
2.053
2.067
2.072
2.073
2.076
2.089
2.107
Economic Vitalitv
Town Center Infrastructure
Oceana & Interfacility Traffic Area Conformity & Acquisition
19th Street Corridor Improvements
Economic Development Investment Program (On-Going)
Total Economic and Tourism Development Projects:
Total Economic Vitality Projects:
Safe Community
Fire Facility Rehabilitation and Renewal - Phase II
Fire Apparatus - Phase II
Total Buildings Projects:
CIT - Criminal Justice Automated Systems Analysis
CIT - Communication Infrastructure Replacement
Total Communications and Information Technology Projects:
Total Safe Community Projects:
Qualitv Phvsical Environment
Major Intersection Improvements
Rural Road Improvements
Witchduck Road - Phase II (Partial) (First Cities Project)
Street Reconstruction
Computerized Traffic Signal System Upgrade/Repl. (Partial)
Princess Anne Rd.lKempsville Rd. Inter. Impr. (First Cities)
Traffic Signal Rehabilitation
Access Road for Elementary School 2008
Sandbridge Road Safety Improvements
First Colonial RdNa. Beach Blvd. Intersection Imp.
Buckner Road Extended
Laskin Road Gateway
Southeastern Parkway & Greenbelt (Partial)
Seaboard Road
727,000
15,000,000
10,200,000
2,095,224
$28,022,224
$28.022,224
491.839
790,300
$1,282,139
300,000
9,900,000
$10,200,000
$11,482,139
1,465,000
200.000
316,900
150.000
5,500.000
4,229.018
350,000
1,000.000
1.005,000
3.274,000
354,429
438,000
989,264
795,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
2.115
2,145
2.157
2.158
2.168
2.172
2.176
2.195
2.211
2.256
2.263
2.268
2.284
2.285
2.837
2.931
3.366
3,367
3,368
5.001
5.006
5.008
5.017
5.083
5.084
5.091
5.092
5.118
5.138
5.139
5.140
5.163
Quality Phvsical Environment
Shore Drive Intersections - Demonstration Project
Wesleyan Drive (First Cities Project)
Lynnhaven Parkway - Phase IX (VDOT)
Holland Road - Phase VI (VDOT)
Lesner Bridge Replacement (First Cities Project)
LED Traffic Signal Upgrade
Transportation Network Analysis
Princess Anne Road Phase VII
Traffic Calming
Indian River Rd - Phase VII (First Cities Project)
Major Bridge Rehabilitation (Partial)
Wetlands Mitigation Banking
Pavement Maintenance Program
Traffic Safety Improvements - Phase II
Various Cost Participation Projects
Witchduck Road - Phase I (Partial) ( First Cities Project)
Total Roadways Projects:
Various Buildings HV AC Rehabilitation and Renewal - Phase \I
Various Buildings Rehabilitation and Renewal - Phase II
Various Site Acquisitions
Total Buildings Projects:
Comprehensive Emergency Response & Planning - Phase I
Water Appurtenances Location & Improvements
Birdneck Road Water Improvements - Phase II (VDOT)
Public Utilities Public Access Renovations - Building #2
Stumpy Lake Water Reservoir & Pumping Facilities Improvement
System Expansion Cost Participation Agreements - Phase \I
Water Request & Agreements (51% Program) - Phase V
Landstown Yard Improvements - Phase III
Computerized Mapping and Infrastructure Management Systems
Comprehensive Water Master Planning - Phase IV
Small Line Improvements - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Various Water Infrastructure Maintenance Support Program
944,000
1,648,000
403,644
408,100
1,000,Oqo
100,000
150,000
858,034
100,0()0
2,260,000
660,000
100,000
7,210,395
775,000
500,000
2,102,000
$39,285,784
771,387
2,156,565
1,000,000
$3,927,952
100,000
50,000
100,000
100,000
500,000
100,000
100,000
390,000
150,000
200,000
50,000
100,OQO
150,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
5.164
5.166
5.167
5.202
5.203
5.207
5.302
5.303
5.400
5.401
5.402
5.405
5.451
5.601
5.708
5.802
5.803
5.951
6.018
6.019
6.028
6.030
6.031
6.046
6.065
6.066
6.067
6.068
6.069
6.071
6.081
6.086
6.138
6.148
Quality Phvsical Environment
IVRlCTI, Bill Print, and Automated Payment Solution Design
Automated Mobile Water Meter Reading System
Water Tank Upgrade Program - Phase III
Laskin Rd-Phase II & Gateway Water Improvements (VDOT)
Lotus Garden Water Improvements - 51% Program
Laskin Road Water Improvements - Phase I (VDOT)
Potable Wells Evaluation Program Phase II
Water Quality Program - Phase III
Fire Hydrant Program - Phase II
Records Management Improvements
Flow Monitoring Program - Phase II
Customer Information System Version Migration
Engineering Services - Various Projects
First Colonial RdNa. Beach Blvd Intersection Improvements
Resort Area Neighborhood Revitalization
Utility Crossings Condition Assessment
Water Valve Condition Assessment & Maintenance
Water Tap Installation Program
Total Water Utility Projects:
Sanitary Sewer Aging Infrastructure Program - Phase I
Resort Area Neighborhood Revitalization
Comprehensive Emergency Response & Planning - Phase I
Little Neck Point Sewer Improvements- 51% Program
Sewer Appurtenances Evaluation & Improvements
Computerized Mapping and Infrastructure Management Systems
Infiltration, Inflow, and Rehabilitation - Phase IV
Pump Station Modifications - Phase IV
Various Roadway/Storm Water Coordination - Phase IV
Sewer Requests and Agreements - Phase IV (51% Program)
Birdneck Road Sewer Improvements - Phase II (VDOT)
Comprehensive Sewer Master Planning - Phase III
Laskin Road Phase II & Gateway Improvements
Public Utilities Public Access Renovations - Building #2
Landstown Yard Improvements - Phase III
System Expansion Cost Participation Agreements - Phase II
75,000
300,000
450,000
115,000
230,000
1,790,000
130,269
100,000
50,000
100,000
75,000
125,000
50,000
20,000
500,000
90,000
50,000
500,000
$6,840,269
1,018,196
750,000
100,000
250,000
50,000
150,000
3,515,000
4.050,000
100,000
100,000
850,000
350,000
195.000
100,000
390,000
100,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
6.168
6.169
6.203
6.401
6.405
6.411
6.451
6.502
6.505
6.506
6.601
6.602
6.603
6.604
6.612
6.613
6.710
6.802
6.803
6.951
7.004
7.005
7.016
7.024
7.027
7.031
7.063
7.067
7.091
7.145
7.152
7.153
7.157
7.159
Quality Phvsical Environment
Various Sewer Infrastructure Maintenance Support Program
IVRlCTI, Bill Print, and Automated Payment Solution Design
Lotus Gardens Sewer Improvements - 51 % Program
Records Management Improvements
Customer Information System Version Migration
CIT - Service Area Master Planning & Info. System (SAMPIS)
Engineering Services - Various Projects
Private Sanitary Sewer Pump Station Abandonment Program
Princess Anne Plaza Rehabilitation - Phase II
Sanitary Sewer System Revitalization Program - Phase I
First Colonial RdNa. Beach Blvd Intersection Improvements
Princess Anne Rd/Kempsville Rd Intersection Improvements
Witchduck Rd - Phase I Sewer Improvements
Witchduck Rd - Phase II Sewer Improvements l.
Pump Station Wet Well Revitalization
Auxiliary Power Program - Sewer Pump Stations - Phase II
19th Street Corridor Sewer Improvements
Utility Crossings Condition Assessment Program
Sewer Valve Condition Assessment & Maintenance
Sewer Tap Installation Program
Storm Water Infrastructure Rehabilitation
North Lake Holly Watershed
South Lake Holly Watershed
Southern Canal/Lead Ditch and Culvert Improvements
SWM Master Planning, Analysis, and Inventory
Kempsville Greens GC Community Stormwater Bank Stabilization
Neighborhood Storm Water Infrastructure Improvements
Primary System Infrastructure Improvements
Residential Drainage Cost Participation Program
Arctic Avenue - Baltic Avenue
Lake Management
Lynnhaven Watershed Restoration
Lynnhaven River Environmental Restoration Study
Water Quality Participation Projects
Total Sewer Utility Projects:
100,000
75,000
235,000
100,000
125,000
250,000
50,000
75,000
2,000,000
2,000,000
20,000
200,000
70,OQO
50,000
300,000
600,000
400,000
90,000
50,000
1,000,000
$19,858,196
600,000
962,500
2,294,171
250,000
17,000
115,000
1,224,835
809,701
50,000
1,000,000
1,956,380
410,397
300,000
500,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
7.160
7.183
7.902
8.007
8.008
8.014
8.023
8.282
8.830
3.061
3.275
3.292
4.004
4.013
4.016
4.017
4.018
4.023
4.024
4.030
4.033
4.034
4.036
4.051
Qualitv Phvsical Environment
Thalia Creek Tributary Restoration
Storm Water Quality Enhancements
North Beach Drainage
Total Storm Water Projects:
Rudee Inlet Outer Channel Maintenance Dredging
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Sand bridge Beach Access Improvement & Sand Management
Sand bridge Beach Restoration
Rudee Inlet Federal Dredging
Total Coastal Projects:
CIT - Hansen V.8 Upgrade
Total Communications and Information Technology Projects:
Total Quality Physical Environment Projects:
Cultural & Recreational Opportunities
Virginia Aquarium Renewal and Replacement
Virginia Aquarium Animal Care Annex
Total Buildings Projects:
Open Space Program Site Acquisition
Community Rec Centers Repairs and Renovations - Phase II
DistlComm. Parks/Special Use Facilities Dev. & Ren. Phase II
Golf Courses Equipment & Infrastructure - Phase II
Greenways and Scenic Waterways - Phase II
Neighborhood Parks Acquisition and Development - Phase II
Park Playground Renovations - Phase II
Recreation Office and Storage at School Sites - Phase II
Municipal Skate Parks
Community Recreation Centers Roof Repairs and Replacements
Tennis Court Renovations - Phase II
Stumpy Lake Golf Course Infrastructure Improvements
500,000
250,000
475,000
$11,714,984
240,000
1,362,723
141,591
150,000
10,100,000
400,000
$12,394,314
500,000
$500,OQO
$94,521,499
75,000
1,100,000
$1,175,000
544,992
2,843,287
635,474
200,000
112,446
150,000
450,000
28,000
100,000
800,000
400,000
350,000
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
4.055
4.063
4.073
4.074
4.971
1.001
1.018
1.019
1.031
1.075
1.078
1.085
1.099
1.101
1.103
1.104
1.105
1.227
1.228
1.232
1.234
1.235
3.175
3.262
Cultural & Recreational Opportunities
Open Space Park Development and Maintenance
Athletic Fields Upgrading and Lighting - Phase II
Providence Park
City Bikeways and Trails Plan Improvements - Phase I
Mount Trashmore District Park Renovations
Total Parks and Recreation Projects:
Total Cultural & Recreational Opportunities Projects:
Quality Education and LifelonQ LearninQ
Renovations and Replacements - Energy Management
Newtown Road Elementary School Replacement
Great Neck Middle School Replacement
Academy Facilities Improvements
Elementary School 2007-08
School Bus Garage Facility Replacement! Expansion
Alternative Education Facility - Phase II
Renovations and Replacements - Grounds - Phase II
Joint City/School Administration Building
Renovations and Replacements - HV AC Systems - Phase II
Renovations and Replacements - Reroofing ~ Phase II
Renovations and Replacements - Various - Phase II
Windsor Woods Elementary School Replacement
Brookwood Elementary School Replacement
Tennis Court Renovations
Virginia Beach Middle School Replacement
Windsor Oaks Elementary School Replacement
Total Schools Projects:
Virginia Beach Lifelong Learning Center
Tidewater Community College Expansion
Total Buildings Projects:
Total Quality Education and Lifelong Learning Projects:
1,550,000
200,000
1,912,500
680,150
200,000
$11,156,849
$12,331,849
750,000
9,809,575
1,500,000
100,000
9,982,103
2,500,000
12,500,000
850,000
100,000
1,118,326
2,085,000
1,250,000
3,487,567
5,955,169
100,000
7,500,000
1,000,000
$60,587,740
909,533
500,000
$1,409,533
$61,997,273
Project
Number
Attachment A - Capital Budget Appropriations
Projects
Appropriations
FY 2006-07
3.217
3.044
3.045
3.048
3.050
3.051
3.052
3.053
3.212
3.340
Familv and Youth Opportunities
CIT - Human Services Client Information System
Total Communications and Information Technology Projects:
Total Family and Youth Opportunities Projects:
Quality OrQanization
CIT - City Council Agenda Process Automation
CIT - Enterprise Data & Information Mgmt Plan - Phase I
CIT - Software Infrastructure Replacement
CIT - Planning Address Process Conversion
ClT - 311/Customer Relationship Phase II
CIT - IT Service Continuity
CIT - Information Management - Phase II
CIT - IT Network Infrastructure Replacement
ClT - Telecommunications Replacement
Total Communications and Information Technology Projects:
Total Quality Organization Projects:
Total Capital Budget:
700,000
$700,000
$700,000
250,000
414,000
286,000
100,000
325,000
1,900,OCiO
100,000
1,750,000
390,060
$5,515,000
$5,515,000
$214,569,984
Attachment B - Financing Sources
Financing Sources
Development Proffers
Fund Balance - General Fund
Fund Balance - Other
General Appropriations
General Obligation Bonds
Lease-Purchase
Retained Earnings -Information Technology
Retained Earnings - Storm Water
Retained Earnings - Water and Sewer
State Contribution
Storm Water Utility Bonds
Storm Water Utility Fund
Water and Sewer Bonds
Water and Sewer Fund
Total Financing Sources:
Capital Budget
FY 2006-07
$44,992
$9,875,976
$7,377,713
$47,213,078
$64,889,276 .
$9,200,000
$5,675,000 .
$1,402,335
$1,498.000
$32.688.000
$2,510.000
$6.995,149
$18,950,465
$6,250,000
$214,569.984
Projects
Roadwav Proiects
Transfer To:
2.121
2.152
2.157
2.256
Transfer From:
2.121
2.152
2.256
Buildinqs Proiects
Transfer To:
3.038
Transfer From:
3.038
Attachment C - Transfers
Quality Phvsical Environment
Nimmo Parkway-Phase V-A (VDOT) (Revenue Reduction)
Elbow Road Extended - Phase II (First Cities Project) (Revenue Reduction)
Lynnhaven Parkway - Phase IX (VDOT)
Indian River Rd - Phase VII (First Cities Project) (Revenue Reduction)
Total Transfer To:
Nimmo Parkway-Phase V-A (VDOT)
Elbow Road Extended - Phase II (First Cities Project)
Indian River Rd - Phase VII (First Cities Project)
Total Transfer From:
Various Buildings Rehabilitation and Renewal (Revenue Reduction)
Total Transfer To:
Various Buildings Rehabilitation and Renewal
Total Transfer From:
Water and Sewer Utility Proiects
Transfer To:
5.001
5.008
5.162
5.165
5.167
5.302
6.018
Transfer From:
5.001
5.002
5.006
5.035
5.062
5.067
5.072
5.140
5.141
5.144
5.146
Comprehensive Emergency Response & Planning - Phase I (Revenue
Reduction)
Birdneck Road Water Improvements - Phase II (VDOT)
Birdneck Road Water Improvements - Phase II (VDOT)
Shore Drive Water Line Improvements
Water Tank Upgrade Program - Phase III
Potable Wells Evaluation Program Phase II
Sanitary Sewer Aging Infrastructure Program - Phase I
Total Transfer To:
Comprehensive Emergency Response & Planning - Phase I
Nimmo Pkwy Water Improvements
Water Appurtenances Location & Improvements
Nimmo Parkway Water Improvements-Phases I, II, & III (VDOT)
Nimmo Parkway Water Improvements - Phase V (VDOT)
Courthouse and Sandbridge Tank Modifications
Maxey Manor Water Improvements - 51 % Program
Various Roadway/Storm Water Coordination - Phase IV
Water Request and Agreements Phase IV - 51% Program
North End Water Main Replacement
Atlantic Ave Water Line Abandonment
Appropriations
Prior to
FY 2006-2007
$2,844,796
2,501,880
7,150,300
2,501,880
$14,998,856
$2,844,796
6,076,880
6,077,180
$14,998,856
$116,000
$116,000
$116,000
$116,000
$19,077
50,000
200,000
555,000
550,000
19,731
881,804
$2,275,612
$19,077
87,247
300,000
75
57,447
51,000
4,849
250,000
150,000
22,100
2,011
Projects
5.147
5.710
6.005
6.021
6.027
6.031
6.036
6.052
6.063
6.067
6.072
6.103
6.962
Attachment C - Transfers
Providence Road Water Improvements
19th Street Corridor Water Improvements
First Colonial Rd-Phase III & Ocean a Blvd Extension (VDOT)
Salem Road C
Kenley Rd / Bonney Rd Sewer Improvements - 51% Program
Sewer Appurtenances Evaluation & Improvements
Sewer Requests and Agreements - Phase III (51% Program)
Stumpy Lake Lane Sewer Improvements - 51 % Program
Central Business District System Upgrade
Various Roadway/Storm Water Coordination - Phase IV
Bow Creek Neighborhood Park Sewer Improvements
Lake Ridge Interceptor Force Main
Timberlake Force Main
Total Transfers From:
Storm Water Utility Proiects
Transfer To:
7.005
7.027
7.063
Transfer From:
7.005
7.183
7.281
Coastal Proiects
Transfer To:
8,008
8.014
8.830
Transfer From:
8.002
8.004
8.006
Buildinas Proiects
Transfer To:
3.292
3.322
North Lake Holly Watershed (Revenue Reduction)
SWM Master Planning, Analysis, and Inventory
Neighborhood Storm Water Infrastructure Improvements
Total Transfer To:
North Lake Holly Watershed
Storm Water Quality Enhancements
Larkspur Drainage - Phases I and II
Total Transfers From:
Beach Replenishment
Lynnhaven Inlet Maintenance Dredging
Rudee Inlet Federal Dredging
Total Transfer To:
Beach Profile Monitoring Program
Various Minor Dredging Projects
Rudee Inlet Infrastructure Improvements
Total Transfers From:
Cultural and Recreational Opportunities
Virginia Aquarium Animal Care Annex
Virginia Aquarium Original Exhibit Gallery Renovation
Total Transfers To:
Appropriations
Prior to
FY 2006-2007
250,000
200,000
892
323
50,000
300,000
16,170
6,899
180,639
199,383
35,000
75,000
17,500
$2.275.612
$152,865
163,750
118,000
$434,615
$152,865
118,000
163,750
$434.615
$128,139
50,105
57,613
$235,857
$49,513
128,731
57,613
$235,857
$821,145
1.666,676
$2,487,821
Projects
Transfer From:
3.041
Attachment C - Transfers
Virginia Aquarium Elevated Pedestrian Crosswalk
Parks and Recreation Proiects
Transfer To:
4.004
4.019
4.959
Transfer From:
4.004
4.019
4.959
Schools Proiects
Transfer To:
1.098
Transfer From:
1.073
Total Transfers From:
Open Space Program Site Acquisition (Revenue Reduction)
New Princess Anne District Park Athletics Complex (Revenue Reduction)
Golf Course Infrastructure and Equipment - Phase I (Revenue Reduction)
Total Transfer To:
Open Space Program Site Acquisition
New Princess Anne District Park Athletics Complex
Golf Course Infrastructure and Equipment - Phase I
Quality Education and Lifelona LearninQ
Comprehensive Long Range Facilities Planning Study
Comprehensive Modemization Study - Phase IV
Total Transfer From:
Total Transfer To:
Total Transfer From:
Appropriations
Prior to
FY 2006-2007
$2,487,821
$2,487,821
$4,250,000
1,591
94,234
$4,345,825
$4,250,000
1,591
94,234
$4,345,825
$550,000
$550,000
$550,000
$550,000
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF
3 THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $63,800,000 FOR VARIOUS PUBLIC FACILITIES
5 AND GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of
7 general obligation public improvement bonds for various purposes in the maximum amount of $63,800,000, as
8 permitted by the City Charter, without submitting the question of their issuance to the qualified voters.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11
1.
That it is hereby determined to be necessary and expedient for the City to construct and
12 improve various publiC facilities and make general improvements, all of which will promote the public welfare of the
13 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to
14 finance the costs thereof through the borrowing of up to $63,800,000 and issuing the City's general obligation bonds
15 therefor.
16
2.
That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
17 authorized to be issued general obligation publiC improvement bonds of the City in the maximum amount of
18 $63,800,000, to provide funds, together with other funds that may be available, for various publiC improvement
19 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects,
20 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit
21 compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility
22 relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services,
23 inspection and support services, furniture and equipment, and contingencies.
24
3.
That the bonds may be issued as a separate issue at one time or in part from time to time
25 or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public
26 improvement bonds.
27
4.
That the bonds shall bear such date or dates, mature at such time or times not exceeding
28 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
29 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
30 resolutions.
31
5.
That the bonds shall be general obligations of the City for the payment of the principal,
32 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged.
33
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
34 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
35 hereof through the date of the issuance of the Bonds.
36
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
37 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
38
8.
That this ordinance shall be in full force and effective from its passage.
39
Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
40
Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT
~~~~ ~JJla;
APPROVED AS TO LEGAL SUFFICIENCY
,bnu. c!;P~-
City Attorney's 0 ce
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM
2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT
4 OF $2,510,000
5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water
6 utility system revenue bonds in the maximum amount of $2,51 0,000 for financing improvements and expansions to
7 the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question
8 of their issuance to the qualified voters.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA:
11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of
12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
14 the borrowing of $2,510,000 and issuing the City's revenue bonds therefore.
15 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
16 issued storm water utility system revenue bonds of the City in the maximum amount of $2,51 0,000 to provide funds,
17 together with other available funds, for financing the costs of im provements and expansions to the System.
18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time
20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited
22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the
23 City from the System, and shall not be included within the otherwise authorized indebtedness ofthe City. The bonds
24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the
25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including
26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be
27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or
I
28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy
29 and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the
30 payment of the principal of and premium, if any, and interest on the bonds.
31 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
32 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,
33 charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and
34 to revise the same from time to time and as otten as shall be necessary so as to produce sufficient net revenues to
35 pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of
36 safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and
37 other terms as are customary for the protection of the holders of storm water revenue obligations.
38 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by
39 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through
40 the date of the issuance of the bonds.
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to im mediately file a
42 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43 8. That this ordinance shall be in full force and effect from its passage.
44 Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
45 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~.~~~ ~d~
, klYvv '1:i~
City Attorney's ffice
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND
2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $18,950,465
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and
5 sewer system revenue bonds in the maximum amount of $18,950,465 for financing improvements and
6 expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without
7 submitting the question of their issuance to the qualified voters.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
1.
That it is hereby determined to be necessary and expedient for the City to continue its program of
11 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will
12 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof
13 through the borrowing of $18,950,465 and issuing the City's revenue bonds therefore.
14
2.
That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized
15 to be issued water and sewer system revenue bonds of the City in the maximum amount of $18,950,465 to
16 provide funds, together with other available funds, for financing the costs of improvements and expansions to the
17 System.
18
3.
That the bonds shall bear such date or dates, mature at such time or times not exceeding 40
19 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be
20 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or
21 resolutions.
22
4.
That the System is an undertaking from which the City may derive a revenue. The bonds shall be
23 limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues
24 derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of
25 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and
26 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the
27 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions,
28 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not
29 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
30 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the
31 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds.
32
5.
That such resolutions to be adopted and agreements to be entered into hereafter authorizing the
33 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to
34 fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the
35 System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient
36 net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to
37 provide a margin of safety therefor. Such resolutions and agreements shall also include such additional
38 covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer
39 revenue obligations.
40
6.
That the City Clerk is directed to make a copy of this ordinance continuously available for
41 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption
42 hereof through the date of the issuance of the bonds.
43
7.
That the City Clerk, in collaboration with the City Attorney, is authorized and directed to
44 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach.
45
8.
That this ordinance shall be in full force and effect from its passage.
46
Adopted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
47
Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT
~a8S~iC:s~
APPROVED AS TO LEGAL SUFFICIENCY
. ~fnu ~
CitY Attorney's Ice
A RESOLUTION DIRECTING THE CITY MANAGER TO PLAN
FOR THE USE OF EXCESS FY 2005-06 FUND BALANCE
FROM THE GENERAL FUND FOR SELECTED CAPITAL
PROJECTS
WHEREAS, during the during the FY 2006-07/FY 2007-08 Resource Management Plan process, five
im portant capital projects were identified that the City of Virginia Beach City Council would like to address if sufficient
fund balance from the General Fund is available at the end of FY 2005-06.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the following five capital projects shall be funded before any other use is considered, if sufficient fund
balance from the General Fund is available after the close-out of the City's financial books:
1. Approximately $12,250,625 for Capital Project #2-208 Constitution Drive Extended for the
City's share of a cost participation agreement with a developer totaling $15,779,500.
2. Approximately $1,000,000 for Capital Project #2-731 Shore Drive Interim Safety
Improvements.
3. Approximately $2,972,821 for Capital Project #3-041 Virginia Aquarium Elevated
Pedestrian Crosswalk to complete the project;
4. Approximately $800,000 for Capital Project #4-044 Bayside Commons Community
Services Facility to provide 35% drawings; and
5. Approximately $4,100,000 for Capital Project #4-064 City Bikeways & Trails Plan
Improvements - Phase II.
Accepted by the Council of the City of Virginia Beach, Virginia on this 9th day of May, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~~~
_~kVU ~
City Attorney's ce
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend City Code Sections 6-112 and 6-133 Pertaining to
Channel Lines and Mooring
MEETING DATE: May 9, 2006
. Background: City Code S 6-112 makes it unlawful to moor or anchor a boat or
vessel, or to impede passage of vessels, within marked channels. City Code S 6-113
makes it unlawful to moor or tie up any boat or vessel to channel markers, buoys,
navigational aids, or bridges.
. Considerations: Currently, a violation of either City Code section constitutes a
Class I misdemeanor, which is punishable by a fine of up to $2500 and/or up to one
year in jail. The State Code, however, provides only for a fine up to $200 and/or up to
three months in jail for a similar violation. The attached ordinance will bring the City
Code into conformance with the provisions of the State Code.
. Public Information: This ordinance will be advertised in the same manner as
other items on City Council's agenda.
. Recommendations: Adopt Ordinance
. Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgf~cy: pOlice,lJtK1
City Manage~ ~.6f30P2
1
2
3
AN ORDINANCE TO AMEND CITY CODE SECTIONS 6-112
AND 6-113 PERTAINING TO CHANNEL LINES AND
MOORING
4
SECTION AMENDED: ~~ 6-112 AND 6-113
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 6-112 and 6-113 of the City Code are hereby
8 amended and reordained, to read as follows:
9 Sec. 6 -112. Designation of channel lines; mooring or anchoring
10 within marked channels.
11
(a) The City Manager city ffiQn~gcr is authorized to establish
12 channel lines in those waters within the city not so regulated by
13 any agency of the United States or the Commonwealth common.;c~lth.
14 Areas so designated shall be marked with markers approved by state
15 or federal agencies having authority to give approval on request of
16 the City Manager city m~n~gcr.
17
(b) It shall be unlawful for any person, except in case of
18 emergency, to moor or anchor any boat or vessel or to obstruct or
19 impede the passage of any vessel within any marked channel in the
20 navigable waters of the city.
21
(c) A violation of this Section shall be punished by a fine
22
not to exceed $200, or by imprisonment not to exceed three months,
23
or both.
24
25
COMMENT
26
27
28
29
30
This amendment provides for a fine not to exceed $200 and/or up to three months in jail for
mooring a boat or vessel, or obstructing or impeding the passage of any vessel, within any marked
channel in the navigable waters of the City in a non-emergency situation.
31 Sec. 6-113. Mooring or tying up to channel markers, buoys, bridges,
32 etc.
33 (a) It shall be unlawful for any person, except in case of
34 emergency, to moor or tie up any boat or vessel to designated
35 channel markers, buoys, navigational aids, bridges or bridge
36 abutments. This prohibition shall not apply to the Chesapeake Bay
37 Bridge or its islands or abutments.
38
(b) A violation of this Section shall be punished by a fine
39 not to exceed $200, or by imprisonment not to exceed three months,
40 or both.
41 COMMENT
42 This amendment provides for a fine not greater than $200 and/or up to three months in jail for
43 tying up a boat to a designated channel marker, buoy, navigational aid, bridge or bridge abutment.
44 Adopted by the City Council of the City of Virginia Beach,
45 Virginia, on this _ day of
, 2006.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA-9920
H:\PA\GG\OrdRes\Proposed\6-112 Mooring Anchor ORD
R-4
May 2, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Add Section 21-303.1 to the City Code Pertaining to Parking In
Space Reserved for Persons with Disabilities
MEETING DATE: May 9, 2006
. Background: The City recently incorporated the State Traffic Code into the City
Code by reference. When this was done, the city ordinance that addressed parking in
spaces reserved for persons with disabilities was removed from the City Code and
replaced with a reference to the state code section that prohibits parking in such
spaces. A person who is charged with a violation of the state code prohibition may
prepay a fine of $150.
The repealed City Code section provided that a violation would be punishable by a fine
of $150 and also imposed a late fee of $100 in the event that the fine was not paid
within 14 days following the date the ticket was issued.
The repealed City Code section also authorized volunteers to enforce the prohibition on
parking in spaces reserved for persons with disabilities. For many years, volunteers
have enforced the prohibition.
. Considerations: The City Code currently imposes late fees on all other types of
parking violations. Fines range from $20 to $50, depending on the nature of the
violation, and late fees are imposed that double the fines.
. Alternatives: The late fee could be altered to any amount from $0 to $350.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Attachment: Ordinance
Recommended Action: Adopt
Submitting Department/Agency: City Treasurer
City Manager~ t. ~~
1 AN ORDINANCE TO ADD SECTION 21-303.1 TO THE
2 CITY CODE PERTAINING TO PARKING IN SPACES
3 RESERVED FOR PERSONS WITH DISABILITIES
4 SECTION ADDED: ~ 21-303.1
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 21-303.1 of the City Code is hereby added and
8
ordained, to read as follows:
9
10
11
12
13
Sec. 21-303.1
Parking in
disabilities;
violations.
spaces reserved for
enforcement and
persons
penalties
with
for
Pursuant to Virginia Code ~ 46.2-1313, all of the provisions
14
and requirements of Virginia Code ~ 46.2-1242, including, pursuant
15
to Virginia Code ~ 1-220, future amendments, are hereby adopted and
16 incorporated in this section by reference and made applicable
17 wi thin the City. Such provisions and requirements are hereby
18 adopted and made a part of this section as fully as though set
19 forth at length herein, and it shall be unlawful for any person
20 within the City to violate or fail, neglect or refuse to comply
21
with Virginia Code ~ 46.2-1242.
Any change to this section
22 resul ting from a future amendment to Virginia Code ~ 46.2-1242
23 shall become effective at the same time the state law amendment
24 becomes effective. All definitions of words and phrases contained
25 in Virginia Code ~ 46.2-100 shall apply to such words and phrases
26 when used in this section. In addition to the provisions contained
27 in Virginia Code ~ 46.2-1242, the following provisions also apply:
28
~ A summons or parking ticket for violation of the state
29 law that prohibits unauthori zed parking in spaces reserved for
30 persons with disabilities may be issued by law-enforcement
31 officers, uniformed law-enforcement department employees, or
32 volunteers supervised by the Police Department, without the
33 necessity of a warrant's being obtained by the owner of any private
34 parking area.
35
Jel When a notice or citation is attached to a vehicle found
36 parked in violation of this section, the owner of the vehicle may,
37 wi thin fourteen (14) calendar days thereafter, pay to the city
38 treasurer, in satisfaction of such violation, a penalty of one
39
hundred fifty dollars ($150.00).
Such payment shall constitute a
40
plea of guilty for the violation in question.
If such payment is
41 not postmarked or received by the city treasurer within fourteen
42 (14) calendar days after receipt of such notice or violation, the
43 penalty shall be two hundred fifty dollars ($250.00). The failure
44 of any owner to make payment as prescribed above within thirty (30)
45 days shall render such owner, upon conviction of such v~olation,
46 subject to a fine of not less than one hundred dollars ($100) nor
47 more than five hundred dollars ($500.00).
48 CONrndENT
4 9 This amendment incorporates by reference the state law pertaining to parking in spaces
50 reserved for persons with disabilities. Volunteers are authorized to enforce the prohibition against
51 unauthorized persons parking in such spaces. A fine of $150 may be prepaid, but the fine increases to
52 $250 if not paid within 14 days of notice ofthe violation. Pursuant to state law, instead of prepayment,
53 the alleged violation may be heard by a court, which may impose a fine between $100 and $500,
54 inclusive.
55 Adopted by the City Council of the City of Virginia Beach,
56 Virginia, on this day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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CA 9972
X:\PA\GG\OrdRes\Proposed\21-303.1 Parking ORD rev vl
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May 4, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a Lease for less than five
years with The C.B.M. Co., T/A Schooner Inn for 0.21 Acre of City owned land located
near 3rd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic
Avenue in the City of Virginia Beach
MEETING DATE: May 9,2006
. Background: C.B.M. Co., t/a Schooner Inn (Schooner Inn) would like to lease
.21 acre of property from the City of Virginia Beach (the City) in the 300 block of Atlantic
Avenue in the City of Virginia Beach. The City recently acquired the land in the Rudee
Loop area. The Schooner Inn leased this small parcel of land from the previous
owners. When the City acquired this land, Schooner Inn requested to continue leasing
the land until the City was ready to use it for future City projects. This parcel will be used
by the Schooner Inn to augment vehicular parking for guests staying at their
establishment. The lease is for 12 months and has a thirty (30) day termination clause
in the event the City needs the land prior to the termination of the lease.
. Considerations: This lease would be for a term of twelve months and the City
has a thirty (30) day termination option.
.
Public Information:
Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change conditions of
the Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Summary of Terms
Ordinance
Location map
Recommended Action: Approval fij)
Submitting Department/Agency: Management Se~lities Management Office
City Manager~':, I?-~
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR LESS
THAN FIVE YEARS WITH THE C.B.M. CO., T/A
SCHOONER INN FOR 0.21 ACRE OF CITY
OWNED LAND LOCATED NEAR 3RD STREET AND
ATLANTIC AVENUE, BEING A PART OF THE
PARCEL LOCATED AT 108 ATLANTIC AVENUE
IN THE CITY OF VIRGINIA BEACH
10
WHEREAS, the City of Virginia Beach ("the City") is the owner of .21 acre of land
located near 3rd Street and Atlantic Avenue, being a part of the parcel located at 108 Atlantic
11
12
Avenue in Virginia Beach, Virginia (the "Premises");
13
WHEREAS, CBM Company, t/a Schooner Inn ("Schooner Inn") would like to
14
enter into a formal lease arrangement with the City for the Premises shown on Exhibit
15
A-
,
16
WHEREAS, the Premises will be utilized as an overflow parking lot for the
17
registered guests of the Schooner Inn and for no other purpose;
18
WHEREAS, Schooner Inn has agreed to pay the City $25,200.00, payable either
19
in a lump sum or in equal monthly payments of $2,100 for the use of this property for a
20
twelve-month period;
21
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
22
23
That the City Manager is hereby authorized to execute a lease for a term of less
24
than five (5) years between Schooner Inn and the City, for the Premises in accordance
25
with the Summary of Terms attached hereto and such other terms, conditions or
26
modifications as may be satisfactory to the City Attorney and the City Manager.
27
Adopted by the Council of the City of Virginia Beach, Virginia on the
28 day of
,2006.
APPROVED AS TO LEGAL
SUFFICIENCY D FORM
APPROVED AS TO CONTENT
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X:\OIDIREAL EST A TEILEASESlDolphin Run & Schooner InnlSchooner Inn 2006lSchooner Inn Ordinance 2006.DOC
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April 27, 2006
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SHOWING PROPERTY TO BE LEASED TO
THE C.B.M. CO. TIA SCHOONER INN
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X:\Projects\ARC Files\Agenda Maps\DeWitt Property.mxd
SUMMARY OF TERMS
LEASE FOR THE USE OF .21 ACRE OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: C.B .M. Co. t/a Schooner Inn
PREMISES: Approximately .21 acre of City property located near 3rd Street and Atlantic
A venue, being a part of the parcel located at 108 Atlantic A venue in the City of
Virginia Beach.
TERM: May 1, 2006 through April 30, 2007
RENT: Rent shall be $25,200, payable either in a lump sum or in equal monthly
installments of $2,100.
RIGHTS AND RESPONSIBILITIES OF
SCHOONER INN:
. Will use the Premises for overflow parking for its guests and for no other purpose.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
. Will maintain Automobile Liability Insurance including coverage for non-owned and
hired vehicles in an amount not less than five hundred thousand dollars ($500,000)
combined single limits per occurrence, issued by an insurance company licensed to
conduct the business of insurance in Virginia. Licensee shall provide a certificate
evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
. Will have access to the premises at any time, without prior notice, in the event of an
emergency.
. Will have the right to require Schooner Inn to surrender possession and control of the
Premises to the City upon forty-eight (48) hours notice in the discharge of its powers,
purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for streets,
alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Schooner Inn.
X:\OID1REAL ESTATE\LEASES\O"lphin Run & Sohoono, Inn\Schoonc, Inn 2IXJ6\SCHOONER INN. SUMMARY OF TERMS 2lXl6.doo
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Reimbursement of Legal Fees and
Expenses Incurred by a Sheriff's Deputy in Defending a Criminal Charge
that Resulted From the Performance of Her Duties and was Dismissed by
the Court
MEETING DATE: May 9, 2006
. Background: A Virginia Beach Sheriff's Deputy was charged with the
misdemeanor offense of assault and battery. The charge resulted from the
deputy's performance of her duties as a Sheriff's Deputy. The charge against the
deputy was subsequently dismissed by the General District Court.
The City Attorney's Office has reviewed the circumstances of the case and
determined the fee charged is reasonable.
. Considerations: In situations where a law-enforcement officer is investigated,
arrested, indicted or prosecuted for an alleged criminal act committed in the
discharge of official duties, Section 15.2-1711 of the Code of Virginia authorizes
local governing bodies to reimburse the legal fees and expenses incurred by
such officer if no charges are brought, the charges are dismissed, or at trial the
officer is found not guilty.
. Recommendations: Approval of ordinance.
. Attachments: Ordinance
Recommended Action: Approval ~
Submitting Department/Agency: Sheriff's Office
City Manager: ~\ V-.-.6t5""""
AN ORDINANCE AUTHORIZING THE
REIMBURSEMENT OF LEGAL FEES AND
EXPENSES INCURRED BY A SHERIFF'S
DEPUTY IN DEFENDING A CRIMINAL
CHARGE THAT RESULTED FROM THE
PERFORMATNCE OF HER DUTIES AND WAS
DISMISSED BY THE COURT
WHEREAS, a Virginia Beach sheriff's deputy was charged
with assault and battery for actions resulting from the performance
of her official duties;
WHEREAS, at a trial held in the Virginia Beach General
District Court, the charge against the officer was dismissed;
WHEREAS, in the defense of said charge, the officer
incurred legal fees and expenses in the amount of $1,500.00, and
has requested the City to reimburse her for such fees and expenses;
WHEREAS, Section 15.2-1171 of the Code of Virginia
provides
that
"(ilf any law-enforcement officer shall be
investigated, arrested or indicted or otherwise prosecuted on any
criminal charge arising out of any act committed in the discharge
of his official duties, and no charges are brought, the charge is
subsequently dismissed or upon trial he is found not guilty, the
governing body of the jurisdiction wherein he is appointed may
reimburse such officer for reasonable legal fees and expenses
incurred by him in defense of such investigation or charge";
WHEREAS, the City Attorney's Office has reviewed the
circumstances of this case, assessed the itemized bill submitted by
the officer's legal counsel, and determined that the legal fees and
expenses incurred by the officer are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Sheriff is hereby authorized to expend funds in
the amount of $1,500.00 from the FY 2005-06 Operating Budget of the
Sheriff's Office for the purpose of reimbursing a sheriff's deputy
for legal fees and expenses incurred by her in her defense of a
criminal charge brought against her that resulted from the
performance of her official duties.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2006.
CA-10027
H/GG/ordres/sheriff.legalfees06.ord.doc
R-3
May 2, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Encroachment request into an unimproved City right of way known as
Cypress Avenue (AlKJA Caspian Avenue) from the adjacent property
owners, Christopher A. Scaglione and Kalli T. Scaglione.
MEETING DATE: May 9, 2006
. Background:
Mr, and Mrs. Scaglione have requested permission to construct and maintain
riprap and a pier into unimproved City right- of-way adjacent to their property
located at 416 Caspian Avenue.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval.
There are similar encroachments in the right of way, which is where Mr. and Mrs.
Scaglione have requested to encroach.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the agreement.
. Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action:
Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate9f~
City Manage. )L\ ~1X>"2-
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF AN UNIMPROVED
6 CITY RIGHT-OF-WAY KNOWN AS
7 CYPRESS AVENUE (A1K1A CASPIAN
8 AVENUE) BY CHRISTOPHER A.
9 SCAGLIONE AND KALLI T.
10 SCAGLIONE, THEIRS HEIRS,
11 ASSIGNS AND SUCCESSORS IN
12 TITLE
13
14 WHEREAS, Christopher A. Scaglione and Kalli T. Scaglione desire to construct
15 and maintain riprap and a pier within the City's unimproved right-of-way known as
16 Cypress Avenue (AI KIA Caspian Avenue).
17 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's right-of-way subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof contained in SS 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Christopher A. Scaglione
24 and Kalli T. Scaglione, their heirs, assigns and successors in title are authorized to
25 construct and maintain a temporary encroachment for riprap and a pier in the City's
26 unimproved right-of-way as shown on the map marked Exhibit "A" and entitled:
27 "PROPOSED ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER FOR
28 CHRISTOPHER A. AND KALLI T. SCAGLIONE LOT 2, BLOCK 44, SHADOWLAWN
29 HEIGHTS BEACH DISTRICT VIRGINIA BEACH, VA (M.B. 7 PG. 14) DATE: JANUARY
30 5, 2005," a copy of which is on file in the Department of Public Works and to which
31 reference is made for a more particular description; and
32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
33 subject to those terms, conditions and criteria contained in the Agreement between the
34 City of Virginia Beach and Christopher A. Scaglione and Kalli T. Scaglione (the
35 "Agreement"), which is attached hereto and incorporated by reference; and
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
39 time as Christopher A. Scaglione and Kalli T. Scaglione, and the City Manager or his
40 authorized designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42
day of
,2006.
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
..;ED AS TO CONTENTS
. C. &.v.s~
NATURE
PW 1uJ t61a1l
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
IuUa ~.~
CITY A TORNEY
CA-9532
PREPARED: 4/12/06
X:\OID\REAL EST A TE\Encroachments\PW Ordinances\CA9532 Scaglione.doc
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811 (C) (4)
THIS AGREEMENT, made this 27th day of September, 2005, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
CHRISTOPHER A. SCAGLIONE AND KALLI T. SCAGLIONE, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 2, in Block 44, as shown on that certain plat entitled: "MAP
OF SHADOW LAWN HEIGHTS" (Map Book 7, Page 14) and being further designated and
described as 416 Caspian Avenue, Virginia Beach, Virginia 23451
WHEREAS, it is proposed by the Grantee to construct and maintain riprap and a
pier, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing unimproved right of way known
as Cypress Avenue (A/KiA Caspian Avenue) "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN: NO GPIN ASSIGNED TO RIGHT OF WAY
GPIN 2427-02-3289
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENT PROPOSED RIPRAP AND PRIVATE PIER
FOR CHRISTOPHER A. and KALLI T. SCAGLIONE LOT 2,
BLOCK 44, SHADOWLA WN HEIGHTS BEACH DISTRICT
VIRGINIA BEACH, VA (M.B. 7, PG. 14) DATE: JANUARY 5,
2005)," a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence ofthe Temporary Encroachment.
2
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
3
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Christopher A. Scaglione and Kalli T. Scaglione, the
said Grantee has caused this Agreement to be executed by their signature. Further, that the City
of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2005, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER! AUTHORIZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
5
Notary Public
My Commission Expires:
STATE OF ' fl.
CITY IGOUNTV-OF Vi ~ ~ IU u.-'~Ci..d~ to-wit:
, ~
The foregoing instrument was acknowledged before me this ;li day of
~.,z005, by Christopher A. Scagl~li T. fiQagIt6{le. .
o\-I_V~~Cv.M--1 .
Notary Public
My Commission Expires: My Commission Expires January 31. ~
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~ C.~k
S GNATURE
P ()) RuJ' E It>ta1i
DEPARTMENT
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WA TERFRONT
CONSUL TING, INC
1112 JENSEN DRIVE. STE. 206
VIRGINIA BEACH, VA 23451
PH: (757) 425-8244 FAX: (757) 313-9788
ENGINEERING SERVICES PROVIDED BY:
SEA DESIGN SERVICES 757-467-7486
PROPOSED ENCROACHMENT
PROPOSED RIPRAP AND PRIVA TE PIER
FOR
CHRISTOPHER A. and KAlLl T. SCAGLIONE
LOT 2, BLOCK 44, SHADOWLAWN HEIGHTS
BEACH DISTRICT VIRGINIA BEACH, VA
(M.B. 7 PG. 14) DA TE: JANUARY 5, 2005
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Request for Encroachment into a portion of the City property known as
Bass Inlet East, located adjacent to 2841 Sandpiper Road, from the
property owner, Anders Hellstrom.
MEETING DATE: May 9, 2006
. Background:
Anders Hellstrom has requested permission to construct and maintain a boat
dock into a portion of City property being known as Bass Inlet East, located
adjacent to 2841 Sandpiper Road.
. Considerations:
City staff has reviewed the requested encroachment and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
There are similar encroachments in Bass Inlet East, which is where Anders
Hellstrom has requested to encroach.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate <oct
City Manage~ 'i . ~~
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF CITY PROPERTY
6 KNOWN AS BASS INLET EAST
7 LOCATED AT 2841 SANDPIPER
8 ROAD BY ANDERS HELLSTROM, HIS
9 HEIRS, ASSIGNS AND SUCCESSORS
10 IN TITLE
11
12 WHEREAS, Anders Hellstrom desires to construct and maintain
13 a boat dock within the City property being known as Bass Inlet
14 East and located adjacent to 2841 Sandpiper Road
15
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
17 authorize temporary encroachments upon the City's property
18 subject to such terms and conditions as Council may prescribe.
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That pursuant to the authority and to the extent thereof
22 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
23 as amended, Anders Hellstrom, his heirs, assigns and successors
24 in title are authorized to construct and maintain a temporary
25 encroachment for a boat dock in the City's property as shown on
26 the map marked Exhibit A and entitled: "PROPOSED ENCROACHMENT
27 FOR A BOAT DOCK IN BASS INLET EAST FOR ANDERS HELLSTROM," a copy
28 of which is on file in the Department of Public Works and to
29 which reference is made for a more particular description; and
30
BE IT FURTHER ORDAINED, that the temporary encroachment lS
31
expressly subject to those terms,
conditions and criteria
32 contained in the Agreement between the City of Virginia Beach
33 and Anders Hellstrom
(the "Agreement"), which is attached
34 hereto and incorporated by reference; and
35
BE IT FURTHER ORDAINED, that the City Manager or his
-'0 aut:.horized designee
is hereby autborized to execute the
37 Agreement; and
38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
39 effect until such time as Anders Hellstrom and the City Manager
40 or his authorized designee execute the Agreement.
41 Adopted by the Council of the City of Virginia Beach,
day
of
2006.
42 Virginia,
on
the
CA - 9863
PREPARED: 2/27/06
APPROVED AS TO CONTENTS
CMnnu C. ~w..... ~
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Pb1Jit Week Rrd 6sidt
DEPARTMENT
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X: I OlD I REAL ESTATE\EncroaChrnents\PW OrdinanceslCA9863 Hellstrom.doc
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 24th day of February, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
ANDERS HELLSTROM, HIS HEIRS, ASSIGNS and SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "33", as shown on that plat entitled: "TRACT B-
SECTION 3, SANDBRIDGE BEACH", said plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 51, at Page 25 and being further
designated and described as 2841 Sandpiper Road, Virginia Beach, Virginia 23456-4432;
WHEREAS, it is proposed by the Grantee to construct and maintain a proposed
boat dock, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of City Property known as Bass Inlet East and
located adjacent to 2841 Sandpiper Road "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2433-33-0237 (Bass Inlet East)
2433-35-1725
1
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use The Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "PROPOSED
ENCROACHMENT FOR A BOAT DOCK IN BASS INLET
EAST FOR ANDERS HELLSTROM", a copy of which is
attached hereto as Exhibit "A" and to which reference is made for a
more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
2
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within The
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of The
Encroachment Area, the equivalent of what would be the real property tax upon the land so
3
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, Anders Hellstrom, the said Grantee, has caused this
Agreement to be executed by his signature. Further" that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
C' L
Anders Hellstrom
ST ATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGIN!"'/ 0 J.i
CITY~~ OFy/;?bJli/fLl1rJtll1, to-wit:
The foregoing instrum~nt was acknowledged before me this~ day of
~tN'f ,2006, by Anders Hellstrom. / /. ,/;
-It7PPk:~~
Notary PublIc
My Commission Expires: :;::S-'ft /20,<1 J-
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~
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DEPARTMENT
5
EXHIBIT "A"
- BASS INLET EAST-
ENCROACHMENT:
PROPOSED DOCK
ENCROACHMENT 1S 17.5'
FROM PROPERTY UNE
--EBa~
c...FLOOD__
MLW~_
TOE OF
SLOPE
121
S 1004800
TOP OF
BANK
.".. :
----------
QUITCLAiM DEED.
DAlEO 01/13/05,
GPIN: 2433 35 1725
10' DRAINAGE
EASEMENT
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GPIN: 2433 35 1725
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PROPOSED ENCROACHMENT FOR A BOAT DOCK IN
i BASS INLET EAST FOR ANDERS HELLSTROM
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PROJECT LOCATION:
2841 SANDPIPER RD
VA BEACH. VA 23456
DATE: 02/03/05
South side neighbors new deck
Proposed encroachment location
North opposite bank comparables
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Appropriate $49,185 in Estimated Revenue from the
State Compensation Board to the Commonwealth's Attorney's FY 2005-06
Operating Budget for the Purchase of Equipment and Payment of State
Bar Dues
MEETING DATE: May 9, 2006
. Background: On February 2,2006, the State Compensation Board announced
the availability of additional funding for Commonwealth's Attorneys to be used to
purchase equipment. The Virginia Beach Commonwealth's Attorney requested funds
for 15 replacement workstations and 3 replacement laptop computers. This request
was approved, and funds totaling $16,292 were included in the March 2006 payroll
reimbursement transfer to the City's General Fund.
On March 30, 2006, the State Compensation Board again announced the
availability of additional funding for Commonwealth's Attorneys for equipment, one-time
purchases, and payment of Virginia State Bar dues for Compensation Board funded
attorneys. The Virginia Beach Commonwealth's Attorney requested funds for monitors,
printers, a scanner, a VCIN package, and payment of State Bar dues. This request was
approved, and funds totaling $32,893 will be included in the May 2006 payroll
reimbursement.
This funding is above and beyond that which was appropriated to the
Commonwealth's Attorney's FY 2005-06 Operating Budget. After appropriation, the
Commonwealth's Attorney will purchase the equipment in a timely manner so as to
qualify for the approved reimbursement within the time constraints brought on by the
end of the fiscal year.
. Public Information: This ordinance will be included in the normal City Council
agenda process.
. Recommendations: Approval.
. Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Carrronweal th' s Attomey
City Manage~) )L:~~
1 AN ORDINANCE TO APPROPRIATE $49,185 IN
2 ESTIMATED REVENUE FROM THE STATE COMPENSATION
3 BOARD TO THE COMMONWEALTH'S ATTORNEY'S FY
4 2005-06 OPERATING BUDGET FOR THE PURCHASE OF
5 EQUIPMENT AND PAYMENT OF STATE BAR DUES
6 WHEREAS, The State Compensation Board is expected to approve
7 reimbursement in excess of the FY 2005-06 anticipated revenue.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
1.
That $49,185 in estimated revenue from the State
11 Compensation Board is hereby appropriated to the Commonwealth's
12 Attorney's FY 2005-06 Operating Budget for the purchase of
13 equipment and payment of State Bar dues.
14
2.
That estimated revenue in the FY 2005-06 Operating Budget
15
from the State Compensation Board is hereby increased by $49,185.
Requires an affirmative vote by a majority of the members of
the City Council.
16
17
18
19
20
21
Council
day of
of the City of Virginia Beach,
, 2006.
Adopted by the
Virginia, on the
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
,lu~ tf ~~
City Attorney's Offi~e
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CA10021
X:\PA\GG\OrdRes\Commonwealth
R-3
May 1, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Accept and Appropriate $80,000 from West Neck Properties,
Inc. to Capital Project #4-004, "Open Space Program Site Acquisition," for
Acquiring Land for Open Space Consistent with the Outdoors Plan
MEETING DATE: May 9, 2006
. Background: On March 25, 2003, City Council approved a conditional rezoning
application for the single-family residential community of Eagle's Nest. As a voluntary
condition of approval, the developer proffered to contribute $1,250 for each residential
lot to the City for the purpose of acquiring land for open space purposes consistent with
the City's Outdoors Plan. Since the residential development will include 64 lots, the
developer is obligated to contribute $80,000 to meet the intention of the proffer.
. Considerations: The conditional rezoning application was considered at the
March 25, 2003 City Council public hearing, as well as previous Planning Commission
public hearings. The developer, West Neck Properties, Inc., has submitted a check in
the amount of $80,000 to the City in fulfillment of the above-mentioned proffer. Proffers
from developers related to open space acquisition historically have been appropriated to
CIP Project #4-004, Open Space Program Site Acquisition.
. Public Information: Public information will be handled through the normal
Council Agenda Process.
. Alternatives: The City could decline the funding; however, this would reduce
the funding available to acquire sites through the Open Space Acquisition Program.
. Recommendation: Accept and appropriate the $80,000 submitted by West
Neck Properties, Inc. in accordance with the requested conditional rezoning to CIP
Project #4-004, Open Space Program Site Acquisition.
. Attachments: Ordinance.
Recommended Action: Approval ., J /}.i/
Submitting Department/Agency: Department of Parks and Recreatio~Y V-
City Manager:~ l~
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE $80,000
FROM WEST NECK PROPERTIES, INC. TO CAPITAL
PROJECT #4-004, "OPEN SPACE PROGRAM SITE
ACQUISITION," FOR ACQUIRING LAND FOR OPEN
SPACE CONSISTENT WITH THE OUTDOORS PLAN
6
WHEREAS, the developer of the Eagle's Nest subdivision, West
7 Neck Properties, Inc., has submitted $80,000 to the City in
8 accordance with proffers required by the approval of a conditional
9 rezoning by the City Council on March 25, 2003.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $80,000 is hereby accepted from West Neck Properties,
13 Inc. and appropriated to the FY 2005-06 Capital Improvement Budget,
14 Project #4-004, "Open Space Program Site Acquisition," for
15 acquiring land for open space, with revenue from local sources
16 increased accordingly.
17 Requires an affirmative vote by a majority of the members of
18 the City Council.
19
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management
> hl~P ~. ;( _Jt./.h
City Attorney's ffice
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CA10022
X:\PA\GG\OrdRes\Eagles
R-1
April 25, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $31,000 from Kemp Fussell, L.L.C. to
Capital Project #4-024, "Park Playground Renovations - Phase II," to Subsidize
Renovations to Landstown Meadows Neighborhood Park
MEETING DATE: May 9, 2006
. Background: On May 13, 2003, City Council approved a conditional rezoning
application for the 44-lot single-family residential subdivision of Bernard Farms. As a
voluntary condition of approval, the developer proffered to contribute $31,000 toward
the renovation of Landstown Meadows Neighborhood Park. Landstown Meadows
Neighborhood Park, fronting on Holland Road, is the closest City Park to the proposed
residential development and is on the City's list for renovations. The park will be
renovated during fiscal year 2006-07.
. Considerations: The conditional rezoning application was considered at the
May 13, 2003 City Council public hearing, as well as previous Planning Commission
public hearings. The original proffer agreement designated this funding to the initial
Park Playground Renovations project (CIP Project #4-970); however, that project has
since completed, and Phase II has been initiated. The developer, Kemp Fussell, L.L.C.,
has submitted a check in the amount of $31,000 to the City in fulfillment of the proffer.
. Public Information: Public information will be handled through the normal
Council Agenda public meeting process.
. Recommendation: Appropriate the $31,000 submitted by Kemp Fussell, L.L.C.
in accordance with the requested conditional rezoning to CIP Project #4-024, "Park
Playground Renovations - Phase II."
. Attachments: Ordinance.
Recommended Action: Approval ~
Submitting DepartmentJ Agency: Department of Parks and Recreatio~
City Manage~ V-, ~~
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $31,000
2 FROM KEMP FUSSELL, L.L.C. TO CAPITAL PROJECT
3 #4-024, "PARK PLAYGROUND RENOVATIONS - PHASE
4 II, II TO SUBSIDIZE RENOVATIONS TO LANDSTOWN
5 MEADOWS NEIGHBORHOOD PARK
6 WHEREAS, the developer of the Bernard Farms subdivision, Kemp
7 Fussell, L.L.C., has submitted $31,000 to the City in accordance
8 with proffers required by the approval of a conditional rezoning by
9 the City Council on May 13, 2003.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That $31,000 is hereby accepted from Kemp Fussell, L.L.C., and
13 appropriated to the FY 2005-06 Capital Improvement Budget, Project
14 #4-024, "Park Playground Renovations - Phase II, II to subsidize
15 renovations to the Landstown Meadows Neighborhood Park, with
16 revenue from local sources increased accordingly.
17 Requires an affirmative vote by a majority of the members of
18 the Ci ty Council.
19 Adopted by the Council of the city of Virginia Beach,
20 Virginia, on the day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
S~ CL ~
Management Services
Ja)~ t, K.J~
City Attorney's 8ffice
CA10023
X:\PA\GG\OrdRes\Landstown
R-2
April 28, 2006
Meadows Park ORD
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Approve the Transfer of $4,000,000 within the FY 2005-
06 School Board Operating Budget
MEETING DATE: May 9,2006
. Background: The FY 2005-06 School Operating Budget was appropriated by
City Council by categories, and any transfer of funds between the categories must be
approved by City Council prior to transfer and expenditure of funds by the School
Board.
. Considerations: On April 4, 2006, the administration of the Virginia Beach City
Public Schools presented a mid-year review of the FY 2005-06 Operating Budget and
indicated that approximately $8,484,296 of appropriated funds were available.
On April 18, the School Board adopted a resolution affirming that $8,484,296 million be
allocated as detailed on the attached Resolution Regarding FY 2005-06 Spending Plan
and Request for Categorical Transfer.
In order to affect these purchases, $3,590,000 must be transferred from the Instruction
category to the Transportation and Operations and Maintenance categories, and
$410,000 must be transferred from the Administration, Attendance & Health category to
the Operations and Maintenance category. The attached School Board Resolution
requests that the City Council approve categorical transfers as follows:
· $1,090,000 from Instruction to Transportation
· $2,500,000 from Instruction to Operations and Maintenance
· $410,000 from Administration, Attendance & Health to Operations and
Maintenance
. Public Information: Public Information will be handled through the normal
Council Agenda notification process.
. Alternatives: $4,000,000 in excess funds in the Instruction and Administration,
Attendance & Health categories would "revert" to the fund balance of the General Fund
at the end of the fiscal year, and by City Council Policy be appropriated at a later date to
meet one-time-only needs.
. Recommendations: Approval.
. Attachments: School Board Resolution and Ordinance
Recommended Action: Approve Ordinance
Submitting Department/Agency: Virginia Beach City Public Schools
City Manager: ~\L .?:sB~
1
2
3
4
AN ORDINANCE TO APPROVE THE
TRANSFER OF $ 4 , 000 , 000 WITHIN THE
FY 2005-06 SCHOOL BOARD OPERATING
BUDGET
5
WHEREAS, by resolution dated April 18, 2006, the School
6 Board has adopted a resolution recommending the transfer of
7 funds from the Instruction category to the Transportation
8 category and the Operations and Maintenance category, and from
9
the Administration,
Attendance & Health category to
the
10
Operations
and
Maintenance
category
to
purchase
needed
11 materials, services, and equipment.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14 That the School Board's transfer of $4,000,000 wi thin the
15
FY 2005-06 School Board Operating Budget,
consisting of
16 $1,090,000 from the Instruction category to the Transportation
17
category,
$2,500,000 from the Instruction category to the
18 Operations and Maintenance category, and $410,000 from the
19 Administration, Attendance & Health category to the Operations
20 and Maintenance category, is hereby approved.
21
Adopted by the Council of the City of Virginia Beach,
22 Virginia, on this _ day of
, 2006.
23
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
0~i { K +i~^
City Attorney's 0 fice
CAI0020
X:\PA\GG\OrdRes\School Bd Budget ORD
R-l
April 24, 2006
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
IlInIll D. EdwIl'Ch
Chalrmla
District 1 - CenterviNe
1513 Bea::hview tme
VA~,VA2~
495-3551 (h) . 717-0259 (ceD)
Sandn Sm/lh.Jan..
va Chlirmln
District 2 - Kempsville
705 Rock Cr8ek Court
VA Beach, VA 23462
490-8167 (h)
RIll SweM BeIllllD
At-Urge
P.O, Box 6448
VA Beach, VA 23456
418-0060 (h)
JIRI S.lIrookl
District6- Beach
n1 Hilltop Road
VA Beach, VA 23454
425-1597 (h)
EnnI L "EnI" Davis
Dis1rict 5 . Lynnhaven
1125 t,ljchae/wood Drive
VA Beach, VA 23452
~911(h)
EdwIrd F. Fllllng_, Sr_
AI-t.ge
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Low.
District 4 - Bayside
4617 Red Coal Road
VA Beach, VA 23455
490-3681 (h)
IIIchHl W. SlIwIIt
District 3 - Rose Hall
105 Brentwood Court
VA Beach. VA 23452
498-4303 (h) . 445-4637 (w)
AIthur T. TIta
At-Large
1709 Ladysmlth Mews
VA Beach, VA 23455
460-5451 (h)
Carolyn D. WIIIl1S
At-la'ge
1420 Oau<ia Drive
VA Beach, VA 23455
464-6674 (h)
Loll S. WIlli.... Ph.D.
District 7 - Princess Anne
2532 Las Corraies Court
VA Beach, VA 23456
816-6107 (cell) . 961-3734 (w)
SUPERINTENDENT
SIIIlIa S. llagula. EdD.
2512 George Mason tme
VA Beach, VA 23456
263-1007
RESOLUTION REGARDING FY 2005106 SPENDING PLAN AND REQUEST FOR CATEGORICAL
TRANSFER
WHEREAS. on April 4, 2006, the Administration presented to the School Board a mid-year review of the FY
05/06 Operating Budget which indicated that approximately $8,484,296 million of $616,091,767 or 1,38% of
the FY 05/06 appropriated funds were available; and
WHEREAS, on April 4, 2006. the Administration made recommendations regarding the uses of the FY 05/06
available funds; and
WHEREAS, the Administration recommends that the $8.48 million be allocated as follows:
· $2,000.000 for School Plant general maintenance and repair
· $1,700.000 for replacement of copiers in elementary, middle, and high schools
· $1,500,000 for the Bus Replacement cycle
· $1,500,000 for Distance Leaminglabs in two additional middle schools
· $1,200.000 for the Instructional Technology Replacement Cycle
· $ 500.000 for vehicle replacement; and
WHEREAS, the Board approves and affirms the recommended uses of the FY 2005/2006 Operating funds as
presented by the Administration; and
WHEREAS. categorical transfers are necessary to facilitate some of these purchases; and
WHEREAS, any transfer of funds between categories must be approved by City Council prior to transfer and
expenditure of fund by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the Board approves and affirms the recommended uses and directs the Administration
to proceed with expending/encumberingltransferring items that do not require a categorical transfer, and be it
FURTHER RESOLVED: That the Board requests the City Council to approve categorical transfers as
follows:
· $1,090,000 from Instruction to Transportation
· $2,500,000 from Instruction to Operations and Maintenance
· $ 410,000 from Administration, Attendance & Health to Operations and Maintenance
and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and
the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Cleric
Adopted by the School Board of the City of Virginia Beach this 1811 day of .A..priI2006
.:".:.':"~,'._" r..;_"",;.
SEAL ~~~~~"ft
Attest:
~ ftllvt~
Dianne P. Alexander, Clerk of the Board
School Administration Building . 2512 George Mason Drive · P.O. Box 6038 . Virginia Beach. VA 23'156-0038
~~~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Green Ribbon Water Quality Committee
MEETING DATE: May 9, 2006
. Background: Virginia Beach has made improving water quality in the
City's waterways a high priority; and various community organizations including
Lynnhaven River 2007, the Elizabeth River Project, and the Back Bay Restoration
Foundation support efforts to improve water quality. Cities across that nation
have taken on a "greening" process to adjust and adapt regulations to improve
water quality. This effort typically includes a public process and representation
from a wide range of citizen interests.
. Considerations: Lynnhaven River 2007 has been working with City staff to
initiate a "Green Ribbon Committee" to review ordinances and regulations; and,
make recommendations for revisions to ordinances and regulations that will
support improvement to water quality. The attached resolution recommends the
establishment of a committee to advise City Council on matters relating to water
quality. It is suggested the committee be advisory and consist of city staff,
representatives of development and real estate industries, representatives of the
environmental community, engineers, attorneys, architects, landscape architects
and other professionals, one (1) member of the Planning Commission, and two (2)
members of City Council. The tenn of the committee is recommended to be a
maximum of one (1) year with the goal to complete the majority of the work
required in approximately nine (9) months.
. Public Infonnation: The Green Ribbon Committee activities, meetings, and
products will be open to and available to the public.
. Alternatives: This committee is another effort of the City to improve water
quality related regulations. There are no alternatives relevant to the proposed
committee being established.
. Recommendations: Approve the attached resolution and direct staff to
initiate the actions and process to appoint the committee.
. Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Councilmembers Jim Wood and Peter Schmidt
City Manager:
1 A RESOLUTION ESTABLISHING THE GREEN
2 RIBBON COMMITTEE AND PROVIDING FOR ITS
3 MEMBERSHIP, DUTIES AND RELATED MATTERS
4
5
6
7 WHEREAS, the City of Virginia Beach has made improving
8 water quality in the City's waterways a high priority; and
9
WHEREAS, the City of Virginia Beach supports the
10 efforts of Lynnhaven River 2007, the Elizabeth River Project,
11 the Back Bay Restoration Foundation and other community
12 organizations to improve water quality in the City's waterways;
13 and
14
WHEREAS, it is the sense of the City Council that it
15 would be beneficial to establish a committee to advise the City
16 Council on matters relating to the improvement of water quality
17 in the City's waterways;
18
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20
1.
That the City Council hereby establishes the
21 Virginia Beach Green Ribbon Committee (the IICommitteell).
22
2 .
The Committee shall serve in an advisory capacity
23 to the City Council on matters relating to the improvement of
24 water quality In the City's waterways, including means of
25 developing property and supporting infrastructure that minimize
26 the use of natural resources, reduce harmful effects on water
27 quality, and create healthier environments for people.
28
3.
That the membership of the Committee shall consist
29 of such number of persons as may be appointed by the City
30 Council, and shall include, without limitation, members of the
31 City Manager's Staff , representatives of the development and
32 real estate industries, representatives of the environmental
33
community,
engineers,
attorneys,
landscape
architects,
34 architects or other professionals familiar with the application
35 of environmental regulations to development projects, one (1)
36 member of the Planning Commission and two (2) members of the
37
City Council.
The City Attorney's Office shall provide all
38 necessary legal assistance to the Committee.
39
4.
That the term of the Committee shall be for one
40 (1) year, unless sooner terminated or extended by the City
41 Council.
42 5. That the purpose of the Committee shall be to
43 provide advice and assistance to the City Council in matters
44 relating to water quality in the City's waterways, specifically,
45 to advise the City Council on regulatory and other methods of
46 improving water quality in the City's waterways by:
47
48
49
a.
Reducing the impact and extent of site impervious
cover;
b.
Preserving
and
enhancing
existing
natural
50
resources to the maximum extent practicable;
51
Integrating stormwater management to maximize
c.
52
efficiency and effectiveness of the overall
53
system; and
54
d.
Utilizing such other means as are effective and
55
practicable.
56
57
Adopted by the Council of the City of Virginia Beach,
58 Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
&'~r~~~
~lk~~_,
Ci Eorney's Office
CA-10024
OID\Land Use\Ordres\greenribbonRES.doc
R-3
May 2, 2006
K. PLANNING
1. Application of ROBERT M. ROUSSEAU for an Enlargement of a Nonconforming Use
at 403 16th Street. (DISTRICT 6 - BEACH)
STAFF RECOMMENDATION:
INDEFINITE DEFERRAL
2. Application of BURTON and NANCY C. JUDA for a Conditional Use Permit re a
residential kennel for seven (7) dogs at 205 Coventry Road. (DISTRICT 2-
KEMPSVILLE)
RECOMMENDATION:
APPROVAL
3. Application of JOHN AND VICKIE CHAPPELL for a Conditional Use Permit re a
home occupation (to construct a building for the production of jams, jellies, cakes) at
506 Princess Anne Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4. Application of LUCY RUTTER for a Conditional Use Permit re alternative residential
development to subdivide the site into three (3) residential lots at 2165 Pungo Ferry
Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Applications of PROSPERITY BEACH, L.L.c. and WAWA, INC. at Oceana
Boulevard and Eaglewood Drive. (DISTRICT 6 - BEACH):
a. Prosperity Beach L.L.C. for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District to develop the
site for fuel and retail sales
b. W A W A, INC for a Conditional Use Permit re gasoline sales in conjunction with a
convenience store
RECOMMENDATION:
APPROVAL
6. Application of29 OCEAN, L.L.c. for a Change of Zoning from RT-3 Resort Tourist,
A-36 Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin
Road Gateway Overlay at Arctic Avenue and 29th Street. (DISTRICT 6 - BEACH)
DEFERRED:
RECOMMENDATION:
APRIL 25, 2006
APPROVAL
7. Application of DANNY K. MARTIN for a Change of Zoning District Classification
from R-5D Residential Duplex District to Conditional I-I Light Industrial District at 5840
Burton Station Road to develop an office-warehouse facility. (DISTRICT 4 -
BA YSIDE)
STAFF RECOMMENDS:
PLANNING COMMISSION RECOMMENDS:
DENIAL
APPROVAL
8. Application of 1345 OCEANA, L.L.C. for a Change of Zoning District Classification
from AG-2 Agricultural District to Conditional B-2 Community Business District at 1345
and 1335 Oceana Boulevard to develop the site with office-warehouse (storage) and
commercial uses. (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
9. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-20 Residential District to P-l Preservation District at the northeast
extremity of Shell Road to preserve the property as OPEN SPACE. (DISTRICT 4-
BA YSIDE)
RECOMMENDATION:
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Counci.l will meet in the Chamber at
City Hall. Municipal Center. 2401 Courthouse Drive,
Tuesday, May 9, 2006, at 6:00 p.m. The following
applications will be heard: .
DISTRICT 6 - BEACH
Robert M. Rousseau Application:
conformin~ Use at 403
24270696750000).
Enlar~ement of a Non.
16th Street (GPIN
1345 Oceana, L.L.C. Application: Chanee of Zonin~ Dis-
trict Classification from AG-2 Agricultural to Conditional
B-2 Community Business at 1345 and 1335 Oceana
Boulevard (GPINs 2415486663; 2415488740:
2415486774). The Comprehensive Plan designates this
site as being within the Primary Residential Area, suit-
able for appropriately located suburban residential and
non-residential uses consistent with the policies of the
Comprehensive Plan. The purpose <>f this rezoning is to
develop the site for retail sales and office-warehouse
units.
Prosperity Beach, L.L.C. Application: Chan~e of Zonin!!
District Classification from AG-2 Agricultural to Condi-
tional B-2 Community Business at 1375 Oceana Boule-
vard and 1000-1024 Eaglewood Drive (GPINs
2415488215; 2415581209; 2415581232;
2415581120; 2415582073). The Comprehensive Plan
designates this site as being within the Primary Residen-
tial Area, suitable for appropriately located suburban
residential and non-residential uses consistent with the
pOlicies of the Comprehensive Plan. The purpose of this
rezoning is to develop the site for fuel sales and retail
sales.
Wawa, Inc. Application: Conditional Use Permit for gaso-
line sales in conjunction with a convenience store on the
southwest comer of Eaglewood Drive and Oceana Boule-
vard (GPINs 2415581120; 2415488215; 2415581209;
2415581232).
DISTRICT 4 - BA YSIDE
Danny K. Martin Application: Chan~e of Zonin~ District
Classification from R-5D Residential Duplex to Condi-
tional H Light Industrial at 5840 Burton Station Road
(GPIN 1458894322). The Comprehensive Plan desig.
nates this site as being within Strategic Growth Area #1,
suitable for major corporate, employment and industrial
uses. The purpose of this rezoning is to construct an
office/warehouse.
City of Virginia Beach for a Chanee' of Zonin~ District
Classification from R-20 Residential to P-1 Preservation
at the northeast eXtremity of Shell Road (GPINs
1469526433; -5486; -7421: -6306; -4486; .5130;
-3280; -4277; -9638; -6682; -6774; -6700; -7592;
-8438; -6456; -9684; -7035; 1469627111;
1469513556). The Comprehensive Plan designates this
site as being within the Primary Residential Area, suit-
able for appropriately located. suburban residential and
non-residential uses consistent with the pOlicies of the
Comprehensive Plan. The purpose of this rezoning is to
preserve the property as open space.
DISTRICT 2 - KEMPSVILLE
Burton & Nancy C. Juda Application: Conditional Use
Permit for a residential kennel at 205 Coventry Road
(GPIN 1467319782).
DISTRICT 7 - PRINCESS ANNE
John and Vickie Chappell Application: Conditional Use
Permit fora home occupation Gams, jellies, cakes) at
506 Princess Anne Road (GPIN 2318157292).
Lucy Rutter Application: Conditional Use Permit for an
alternative residential development at 2165 Pungo Ferry
Road (GPIN 2309510736).
AfI interested citizens are invited to attend.
Ruth Hodges Smith, MMC
City Clerk
r7-=4. /~
Copies of the p.roposed ordinances, resolutions and
amendments are' on file ancl may be examined in the
Department of Planning . or online at
htto:/ /www.vb~ov.com/deot/olannln~/boards/pc/ . For
information call 385-4621.
If you are physically disabled or visually impaired and
need assistance at this meeting, please call the
CITY CLERK'S OFl'lCE at 385-4303.
Hearing impaired, call: TDO only at 3854305. (TOD -
Telephonic Device for the Deaf).
VP April 23 & 30,2006
14972548
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Robert M. Rousseau - Enlargement of a Nonconforming Use, 403 16th
Street (DISTRICT 6 - BEACH)
MEETING DATE: May 9, 2006
. Background:
An Ordinance upon Application of Robert M. Rousseau for an Enlargement of a
Nonconforming Use on property located at 403 16th Street (GPIN
24270696750000). DISTRICT 6 - BEACH.
. Considerations:
The applicant's initial proposal for development was such that under the
provisions of the Zoning Ordinance, City Council approval would be necessary
since the proposal included an expansion of a nonconforming use.
Staff, however, is working with the applicant to modify the proposal such that it
will meet the provisions of the Zoning Ordinance. Thus, the applicant requests an
indefinite deferral of this matter to allow time for staff and the applicant to
continue work on the proposal.
. Recommendations:
Staff supports the applicant's request for an indefinite deferral to allow time for
the proposal to be revised.
. Attachments:
Location Map
Recommended Action: Staff recommends indefinite deferral.
Submitting Department/Agency: Planning Department ~
City Manage' '::, \L, ~~
CUP - Residential Kennel
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Burton & Nancy C. Juda - Conditional Use Permit (residential kennel), 205
Coventry Road (DISTRICT 2 - KEMPSVILLE)
MEETING DATE: May 9, 2006
. Background:
An Ordinance upon Application of Burton & Nancy C. Juda for a Conditional Use
Permit for a residential kennel on property located at 205 Coventry Road (GPIN
1467319782). DISTRICT 2 - KEMPSVILLE
. Considerations:
The applicant requests a Conditional Use Permit to allow for a residential kennel
for eight adult dogs. The City allows four adult dogs as the limit without a
residential kennel permit.
When the applicants moved to Virginia Beach this past year, they tried to obtain
animal licenses for their seven adult dogs. The applicants were informed that
they could not receive licenses for their seven dogs until a Conditional Use
Permit for a residential kennel has been granted by City Council.
Currently, the applicant has six Papillions (a small breed dog) of various ages
and one miniature poodle (approximately 7 years). Some of the dogs have had
obedience training. The dogs are kept indoors in kennels located in a heated and
air conditioned room (marked Den on the site plan) that was once the attached
garage. This room has doors directly to the outside. The dogs are with the
owners when they go outside in the fenced in back yard. The applicants are also
considering an additional larger breed dog that would not be a Papillion or
miniature poodle thus the request for eight dogs.
The applicants have not owned their property a sufficient time period for
neighbors to know if the dogs will be disruptive to the neighborhood. Therefore,
staff recommended to the Planning Commission that the number of dogs
permanently at the home be limited to seven (7) dogs and that a one (1) year
administrative review be performed from the date of approval in an effort to
monitor any future complaints. At the end of the one-year period, theapplicant
may modify the conditions to allow eight dogs if no complaints have been issued.
Burton & Nancy C. Juda
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 7-1 to approve
this request with the following conditions:
1. No more than seven (7) dogs shall be permanently on the property at one
time under the applicants' name.
2. Upon one (1) year from the date of approval, the Zoning Administrator shall
administratively review the Conditional Use Permit. If, at such time, the
Zoning Administrator determines that the Residential Kennel needs additional
consideration based upon complaints, the Conditional Use Permit will be
referred back to the Planning Commission and City Council. In the event that
no valid complaints have been made, the Conditional Use Permit shall remain
in effect.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
CityManager~S \<. ~~
BURTON &
NANCY C. JUDA
Agenda Item # 18
April 12, 2006 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for residential kennel.
ADDRESS I DESCRIPTION: Property located at 205 Coventry Road.
GPIN:
14673197820000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
10,903 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow for a
residential kennel for eight adult dogs. The City allows four
adult dogs as the limit without a residential kennel permit.
When the applicants moved to Virginia Beach this past year, they tried to obtain animal licenses for their
seven adult dogs. The applicants were informed that they could not receive licenses for their seven dogs
until a Conditional Use Permit for a residential kennel has been granted by City Council.
Currently, the applicant has six Papillions (a small breed dog) of various ages and one miniature poodle
(approximately 7 years). Some of the dogs have had obedience training. The dogs are kept indoors in
kennels located in a heated and air conditioned room (marked Den on the site plan) that was once the
attached garage. This room has doors directly to the outside. The dogs are with the owners when they go
outside in the fenced in back yard. The applicants are also considering an additional larger breed dog that
would not be a Papillion or miniature poodle thus the request for eight dogs.
EXISTING LAND USE: Single-family home
SURROUNDING LAND North: .
USE AND ZONING: South:
.
East: .
West: .
LAND USE AND ZONING INFORMATION
Single-family homes / R-7.5 Residential District
Single-family homes / R-7.5 Residential District
Across Coventry Road, single-family homes / R-7.5 Residential
District
Single-family homes / R-7.5 Residential District
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BURTON & N~CYC. JtJDA
Ag~ndaJtem,118
~@9!1..
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site has residentially scaled landscaping. There are no significant
natural resources or cultural features associated with this property.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
ANIMAL CONTROL: No recorded complaints about the dogs at this residence. No required Animal Licenses
have been issued in the owner's names or for the listed address.
The Comprehensive Plan designates this area as being within
the Primary Residential Area. The land use planning policies and principles for this area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area. In a general sense, the established type, size, and relationship of land
use, residential and non-residential, located in and around these neighborhoods should serve as a guide.
COMPREHENSIVE PLAN
EVALUATION AND RECOMMENDATION
Staff recommends approval of the
request with the conditions provided below.
The applicants have not owned their property a sufficient time period for neighbors to know if the dogs will
be disruptive to the neighborhood. Staff is recommending that the number of dogs permanently on site
be limited to seven (7) dogs and that a one (1) year administrative review be performed from the date of
approval in an effort to monitor any future complaints. At the end of the one-year period, the applicant
may modify the conditions to allow eight dogs if no complaints have been issued.
CONDITIONS
1. No more than seven (7) dogs shall be permanently on the property at one time under the applicants'
name.
2. Upon one (1) year from the date of approval, the Zoning Administrator shall administratively review the
Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential
Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be
referred back to the Planning Commission and City Council. In the event that no valid complaints
have been made, the Conditional Use Permit shall remain in effect.
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BURTON & N~N~Y C. J~DA
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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.
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.
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BURTON & NANCY C. JW.DA
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AERIAL OF SITE LOCATION
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ZONING HISTORY
CUP - Residential Kennel
There has been no recent zoning activity in this area.
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DISCLOSURE STATEMENT
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Pag~.10
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Item #18
Burton & Nancy C. Juda
Conditional Use Permit
205 Coventry Road
District 2
Kempsville
Apri112,2006
REGULAR
Joseph Strange: The next item is Item #18 Burton & Nancy C. Juda. An Ordinance upon
Application of Burton & Nancy C. Juda for a Conditional Use Permit for a residential
kennel on property located at 205 Coventry Road, District 2, Kempsville.
Barry Knight: Welcome ma' am. Please state your name for the record please when you
get ready?
Nancy Juda: My name is Nancy Juda and my husband is Burton Juda. He is also with
me.
Barry Knight: He is more than welcome to stand beside you if he cares too.
=
Nancy Juda: Okay. This picture. I'll pass it around. You all look at. These are the cage
banks where the dogs stay. They also have interior water pails attached to the inside of
the crate. On the outside, most of these crates that we are working on them there are
signs. ON the signs have important information such as the name of the dog, the age of
the dog, the type of food that the dog eats, the veterinarian information of when the dog
had their shots. The simple solution is what we used inside for cleaning these. This is
simple solution. This is to clean the crates. These kennels are heated. The kennel they
are in, originally was the den, and before that was the garage. Now the room is an
enclosed room. It has heat air conditioning, carpet, paneling, and there is a ceiling fan for
their comfort. There is also a door the living room with twelve glass panes to view the
dogs in the room from our living room. A comfortable room means a quite dog. There is
a sign on the outside on the driveway to the utility room, which goes to the kennel room
so that no dogs can escape. The signs says, "seven dogs live here and they are our family
pets." The dogs are brushed every week and kept clean. I am a licensed dog groomer. I
took that course about 20 years ago. We use plaque remover in their drinking water and
greenies to chew on for their plaque and pleasure. There is an outside pen outside the
door picked up daily and cleaned. So there is no odor. The dogs are never outside alone.
I am with them when they go outside. I'm not the one to open the door and send my dogs
outside and stay in the house. I am with them each and every time they are outside. All
of my dogs have had some sort of obedience training and I have been doing obedience
training since I was a child. A happy trained dog is a quiet well-behaved dog. I also have
a talking bone. That is played each and every night so the dogs know that. If I don't have
it in my hand I always say the same thing, "good night mommy loves all the puppies.
Item #18
Burton & Nancy C. Juda
Page 2
Everybody go to sleep." There is also a camera in the dog room, which can be viewed
from our bedroom television set while we are watching television. We can switch right to
the camera over to see what the dogs are doing. This can be viewed late at night or early
in the morning or at anytime during the day. Our dogs weigh between 5 to 10 pounds
each. And this is a little about a Papillion. It states that the Papillion is a small friendly
toy breed of fine bone structure like dainty, and brightly actioned, distinguished from
other breeds by its beautiful butterfly like ears. The height of the withers, that's the back,
is 8 to 11 inches. The temperate says happy, alert, and friendly, neither shy nor
aggressive. I'll pass that. Okay. Its your turn.
=
Burton Juda: Did she leave anything out? I'm not sure. My name is Burt Juda. One of
the things that I contribute is I keep a spreadsheet and keep track of the dog's shots. I
make sure that all the dogs are up to date on all their shots. I make sure they are
heartworm tested every year and are heartworm preventative year around. I use some
computer calendering to make sure that we are reminded whenever they need shots. We
moved down last year from my job, we searched for a home suitable for us, and our dogs.
Our basic consideration was finding a home that could accommodate the dogs for what
we wanted. This home was exactly what we wanted because it had the finished garage.
We could maintain them. They had access directly to the outside. I just want to add that
these are our family pets. We don't breed them. Okay. They are practically our children.
I'll pass this around.
Nancy Juda: We have bred occasionally a litter on occasion. What we do is usually
something if we're going to keep something. We've done it maybe every 2 or 3 years.
That is why we have six Papillions at this point. I started in Papillions 13 years ago. So,
that is why we have, at this point, have six Papillions. So any breeding that we have done
or will do in the future will be kept to a limit of no more than once every two years for a
litter.
Barry Knight: Thank you.
Burton Juda: Presently, only one of the females is not spayed. The others are spayed.
The rest are males.
Barry Knight: Thank you. I don't believe there is any opposition. Do we have any
questions of discussion from the Commissioners? Mr. Bernas.
Jay Bernas: When you let your dogs outside do you let them all six out at the same time
or do you rotate two at a time?
Burton Juda: It depends who is walking them.
Nancy Juda: I was going to say that. If he is walking them he does it separately, a couple
at a time. When I do it, I let them all out at once, except at night time when they go out
Item #18
Burton & Nancy C. Juda
Page 3
for their last one, after the feeding, they are out one or two at a time. So they are not
making a lot of noise and running around and stuff like that. They don't bark at all.
None of the neighbors have ever complained. We never had a neighbor complain. In
fact, our next-door neighbors we've been to both sides, and behind us, and across from
us, and no one has ever said anything about our dogs being a problem. They don't make
noise. If they do, they said that it doesn't bother them. So, it can't be. From where they
are at where are housing development it is a regular housing development. If any body
were going to complain, we would be the first ones to hear it. Nobody has every
complained about the noise. The reason why I let the last one out at a time is because
when I feed them, I let them out. They go out. I like to give two or one at a time. During
the day and early in the morning when I let them out at 7:00 in the morning, I let all six of
them out together or all seven of them out together.
Barry Knight: Mr. Livas.
Nancy Juda: And I am with them when they go out.
Henry Livas: Could you elaborate on this temporary breeding, once every two years or
so. When you do breed, are you going to sell those and stay down to the seven limit?
=
Nancy Juda: We intend to stay down to the limit at this point unless maybe down the road
I was thinking possibly keeping a puppy some day down the road. But right now I don't
want to keep any puppies. We only have one that is not spayed. The other two are
spayed. So they are no longer being used for breeding. We never have more than one
litter every two years.
Barry Knight: Are there any other questions?
Nancy Juda: And they only have 2 to 3 in a litter. They're small. I've never had more
than three in a litter. I guess they could have more but I've never had more than three in
the 13 years that I've had.
Barry Knight: Thank you. Mr. Crabtree.
Eugene Crabtree: I got one question. Now you let them out in the back yard. I'm
concerned about how much exercise these dogs get.
Nancy Juda: They are out 4 times a day.
Eugene Crabtree: Four times a day and caged?
Nancy Juda: The cages are where they stay at night. During the daytime, I usually let one
or two in the house running around the house with us so they do get their exercise that
way. They can be loose in that room all the time. Anytime they want.
Item #18
Burton & Nancy C. Juda
Page 4
Eugene Crabtree: But you do let them run some as well as they get proper exercise.
Nancy Juda: They get proper exercise. They don't live in there day and night. No. As
far as going outside, there is a patio out in the back, and there is grass way out in the back
there.
Eugene Crabtree: Very active dogs.
Nancy Juda: But they are trained to go to the bathroom only on the patio part where there
is a dog pen. They go to the bathroom there. They don't even go the bathroom in the
grass so there is no problem with the dogs making messes. You will not find mess in my
backyard. There is not a single one ever.
Eugene Crabtree: I wasn't concerned with that. I presume that you clean it up if there
was. I'm more concerned about the health and exercises of dogs since they are active
dogs.
Nancy Juda: Yes.
Eugene Crabtree: That's what I wanted to say.
=
Nancy Juda: Since I do the obedience training they do get their training out to. I use to
go to agility classes every week, so right now I'm in the presence of taking one of them to
agility classes but I do obedience, agility, free style, and anything related to the dogs. I'm
always there. Dog shows, even if I just take one to the dog show just for fun.
Barry Knight: Are there any other questions? Thank you. I'll open it up for discussion.
Do we have any discussion? Do I hear amotion?
Ronald Ripley: I'll motion to approve it.
Barry Knight: A motion to approve by Mr. Ripley.
Joseph Strange: Second.
Barry Knight: A second by Joe Strange. There is a motion on the floor to approve by Ron
Ripley and a second by Joe Strange. Is there any discussion? I'll call for the question.
Nancy Juda: Are they understanding it that they are saying there are seven dogs now and
that a year from now they are going to review us again to allow us to go for number 8.
That is what is in the paperwork.
Barry Knight: We approve it subject to the conditions as they are printed.
Item #18
Burton & Nancy C. Juda
Page 5
Nancy Juda: Okay.
Barry Knight: You're approved. Thank you.
Nancy Juda: Thank you very much.
AYE 7
NAYl
ABSO
ABSENT 3
ANDERSON
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
ABSENT
AYE
AYE
NAY
AYE
AYE
AYE
AYE
AYE
ABSENT
ABSENT
=
Ed Weeden: By a vote of7-1, the Board has approved the application of Burton and
Nancy C. Juda.
Nancy Juda: Thank you sir. Thank you very much.
April 12, 2006
BARBARA SMITH
To: VIRGINIA PLANNING COMMISSION
Re: BURTON & NANCY C. JUDA
Ordinance upon application for a conditional use permit for a residential
kennel on Property located at 205 Coventry Road (GPIN 1467319782).
DISTRICT
2- KEMPSVILLE- STAFF PLANNER: Karen Prochilo.
Dear Commission' Members,
I recently received a letter from you, demanding my opinion about an
Ordinance upon application of Burton & Nancy C. Juda for a conditional use
Permit for a residential kennel on property located at 205 Coventry Road
(GPIN 1467319782).
I effectively own property directly adjacent to or directly across the street
From parcel describe above.
I live in a very calm, clean and nice neighborhood and with all due respect I
Would like to keep it that way~
Not that I have any problems with animals but a residential kennel will not
Be appropriate for my neighborhood because of the reason I am about to
state below:
Smell
Heavy traffic
Day and Night Noise
Dirt
Disturbing the peace
Therefore I am against any type of residential kennel on my property.
I hope you will seriously consider this matter.
if you need my further assistance regarding this matter please feel free to
contact me at : bingobarbi29@yahoo.com;
Also notify me via email upon reception of this email.. . thanks
Sincerely
APR-12-2005 08:15
SENTARA HOME CARE PHARM.
7574101192 P.005
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APR-12-200G 08:1G
SENTARA HOME CARE PHARM.
7574101192 P.003
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Page I of 1
Karen Prochilo
From: Hnsjones@aol.com
- Sent: Sunday, April 09, 2006 8:48 PM
To: Karen Prochilo
Subject: Dog Kennel
Hi Karen,My name is WilliamS Jones Jr I live at 204 Coventry Rd Va Beach Va 23462 across the street from the Judas
who is applying for a kennel permit.l'm TOTALLY AGAINST IT.This is a residental neighborhood not a dog kennel and
I want it to stay that way.lf they want a dog kennel let them move to the country.S I'm very much AGAINST IT.So
please do allow the permit.Thank you William S Jones Jr at 204 Coventry Rd
..=-.
4/12/2006
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CUP - Home Occupation
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: John and Vickie Chappell - Conditional Use Permit (home occupation), 506
Princess Anne Road (DISTRICT 7 - PRINCESS ANNE)
MEETING DATE: May 9, 2006
. Background:
An Ordinance upon Application of John and Vickie Chappell for a Conditional
Use Permit for a home occupation (jams, jellies, cakes) on property located at
506 Princess Anne Road (GPIN 2318157292). DISTRICT 7 - PRINCESS ANNE
. Considerations:
The applicant requests a Conditional Use Permit for a home occupation to allow
the construction of a building for the production of jams and cakes that are sold
at the applicant's retail operation, which is located elsewhere. This is permissible
under the Zoning Ordinance, provided that not more than 20 percent of the floor
area of the dwelling unit and all accessory structures are used in the conduct of
the activity. The hours of operation are proposed as 8:00 a.m. to 5:00 p.m., and
there will be one (1) seasonal employee. A small box truck will be used to
transport the merchandise. Most of the products are sold out of the applicant's
retail store in Pungo and at craft fairs. A small percentage, less than 10 percent,
is sold via the Internet. No customers will purchase products from the home or on
site.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area and is compatible with surrounding agriculturally
zoned properties. The three-acre parcel is large enough to accommodate both
the proposed 2,400 square foot building and the existing dwelling. In addition,
the property's location in the agricultural, rural part of the City contributes to the
acceptability of this request. Conditions of the use permit are recommended to
prohibit retail activity on the site and to limit the number of employees permitted
at anyone time.
The Planning Commission placed this item on the consent agenda because they
felt that it is compatible with the surrounding agriculturally zoned properties and
meets the standards in the Zoning Ordinance for a home occupation.
John and Vickie Chappell
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
this request, with the following conditions:
1. Not more than one (1) employee, other than an immediate family member,
shall be working on the premises at any given time.
2. Sales to the general public of product or merchandise shall not be permitted
on the property.
3. Not more than twenty percent (20%) of the total floor area of both the dwelling
unit and any accessory structures shall be permitted for the purpose of
producing jellies, jams and cakes associated with the Conditional Use Permit
for a Home Occupation.
4. A site plan, drawn to scale and prepared by a person duly licensed in the
Commonwealth of Virginia to do so, shall be submitted to the Development
Services Center for review and approval prior to the issuance of any building
permit for the proposed structure. Detailed building plans must also be
submitted to Permits and Inspections for review.
. 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~ ~ .<33~
JOHN & VICKIE
CHAPPELL
Agenda Item # 13
April 14, 2006 Public Hearing
00
AG-2
[1;,
CJO
Staff Planner: Carolyn A.K. Smith
Cv
REQUEST:
AG-2
AG-2
AG-2
Conditional Use Permit for a home occupation.
CUP - Home Occupation
ADDRESS I DESCRIPTION: Property located at 506 Princess Anne Road.
GPIN:
23181572920000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3 acres
The applicant requests a Conditional Use Permit for a home
occupation to allow the construction of a building for the
production of jams and cakes that are sold at the applicant's retail operation, which is located offsite. This
is permissible under the Zoning Ordinance, provided that not more than 20 percent of the floor area of the
dwelling unit and all accessory structures be used in the conduct of the activity. The hours of operation
are proposed as 8:00 a.m. to 5:00 p.m., and there will be one (1) seasonal employee. A small box truck
will be used to transport the merchandise. Most of the products are sold out of the applicant's retail store
in Pungo and at craft fairs. A small percentage, less than 10 percent, is sold via the internet. No
customers will purchase products from the home or on site.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
. Agricultural field, single-family dwelling / AG-2 Agricultural
District
. Single-family dwelling / AG-2 Agricultural District
. Agricultural field / AG-2 Agricultural District
. Princess Anne Road, agricultural field, single-family dwelling /
AG-2 Agricultural District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is grass field. There does not appear to be any
significant environmental features on the property. .....,
JOHN & VIKIE/CHAPPELL
Ag~nda ..ltem>!#13
.~g~1
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road is a two-lane suburban arterial roadway. There are no CIP projects currently scheduled for
this section of Princess Anne Road.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Princess Anne 3,531 ADT 1 13,600 ADT (Level of Existing Land Use" - 1 0
Road Service "C") - 15,000 ADT ADT
1 (Level of Service "") Proposed Land Use 3 -
20 ADT
Average Dally Tnps
2 as defined by one single-family dwelling
3 as defined by single-family dwelling plus home occupation
WATER & SEWER: This site does not have access to City water or sewer. Heath Department approval is
required for any additional private wells.
The Comprehensive Plan designates this area as being within
the "Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage.
The Comprehensive Plan designates this area for agricultural and rural uses related to farming, forestry,
rural residential, and other rurally compatible uses. Land use planning policies and principles for the
Rural Area focus strongly on preserving agriculture and on uses that are compatible with agriculture and
the rural community. The Plan states "From providing a legacy for a future generation of farmers, to
providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our
rural landscape is important" (page 161).
COMPREHENSIVE PLAN
The applicant's request for a
Conditional Use Permit for a home
occupation is acceptable and recommended for approval with the conditions below.
EVALUATION AND RECOMMENDATION
The request is to allow for the construction of a building on the agriculturally zoned property to house the
production of jams and cakes that are sold at the applicant's retail operation, located in Pungo. The
proposal is in conformance with the Comprehensive Plan's recommendations for this area and is
compatible with surrounding agriculturally zoned properties. It is Staff's conclusion that the three-acre
parcel is large enough to accommodate both the proposed 2,400 square foot building and the ~~i~tiOg
JOHN & VIKI.ECHAPPELL
Ag~nda...ltemt#.1.3
. . ei3.g~2
dwelling. In addition, the Property's location in the agricultural, rural part of the City contributes to the
acceptability of this request. The approval is conditioned to prohibit retail activity on the site and to limit
the number of employees permitted at anyone time. All recommended conditions of approval are listed
below.
CONDITIONS
1. Not more than one (1) employee, other than an immediate family member, shall be working on the
premises at any given time.
2. Sales to the general public of product or merchandise shall not be permitted on the property.
3. Not more than twenty percent of the total floor area of both the dwelling unit and any accessory
structures shall be permitted to occupy the proposed structure for the purpose of producing jellies,
jams and cakes associated with the Conditional Use Permit for a Home Occupation.
4. A site plan, drawn to scale and prepared by a person duly licensed in the Commonwealth of Virginia to
do so, shall be submitted to the Development Services Center for review and approval prior to the
issuance of any building permit for the proposed structure. Detailed building plans must also be
submitted to Permits and Inspections for review.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
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.
JOHN & VIKlE'CHAPPELL
Agenda...ltem'13
eag....e3
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AERIAL OF SITE LOCATION
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JOHN & VIKIECHAP~~LL
Ag~ndaltemi~13
Page 4
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THIS IS TO CERTIFY THAT I ON OCTOBER /J /9f3t::. SURVEYED
THE PROPERTY SHOWN ON THIS PLAT AND THAT THE TITLE LINES AND THE WALLS OF THE
BUILDINGS ARE SHOWN ON THIS PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN.
SIGNED
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Agenda Item '.13
Page 5
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JOHN & VIKIECHAPPELL
Agenda ltem,,!13
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Item #13
John and Vickie Chappell
Conditional Use Permit
506 Princess Anne Road
District 7
Princess Anne
Apri112,2006
CONSENT
Barry Knight: The next agenda item for consent status is agenda Item # 13 John and
Vickie Chappell. An Ordinance upon Application of John & Vickie Chappell for a
Conditional Use Permit for a home occupation (jams, jellies & cakes) on property located
at 506 Princess Anne Road in the Princess Anne District. We1come. We had four
conditions on there and we've added two more. Have you seen the other two conditions
we've added? We asked to put on Condition #5 when you build your building we prefer
to see it with the earth tones on there, and also in if you keep as many trees as possible on
your property. We know that you may have to get rid of one or two when you put your
building but keep the rest of the trees. You have a nice treed piece of property. Those are
the conditions. So, do you agree to have it put on consent agenda status with the six
conditions?
=
Vickie Chappell: Yes.
Barry Knight: Okay. Excuse me. I'm sorry. Please state both of your names for the
record please.
John Chappell: John Chappell.
Vickie Chappell: Vickie Chappell.
Barry Knight: Thank you. I have to do that for our bookkeeper. Anyone present today
that objects to putting agenda Item #13 on consent agenda status? If not, Mr. Henley?
Al Henley: Yes sir. The request is to allow the construction of a building on an
agriculturally zoned property to be use to produce the products of jams and cakes that is
going to be sold at the applicant's retail operation located in Pungo. The proposal is in
conformance with the Comprehensive Plan recommendations for the area and is
compatible with the surrounding agriculturally zoned properties. It is staff s conclusion
that the three-acre parcel is large enough to accommodate both the proposed 2,400 square
foot building and the existing dwelling. We agree that it should be placed with and I
believe there are six conditions on this item, and that it be placed on the consent agenda.
Barry Knight: Thank you Mr. Henley. Do I hear a motion? Ms. Katsias to approve by
Kathy Katsias.
Item # 13
John and Vickie Chappell
Page 2
Ronald Ripley: Second.
Barry Knight: A second by Ron Ripley. Any discussion. Call for the question.
AYES NAY 0 ABSO ABSENT 3
ANDERSON ABSENT
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 8-0, the Board has approved Item #13 for consent.
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CUP" Alternative Residential Development
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Lucy Rutter - Conditional Use Permit (alternative residential development),
2165 Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE)
MEETING DATE: May 9,2006
. Background:
An Ordinance upon Application of Lucy Rutter for a Conditional Use Permit for an
alternative residential development on property located at 2165 Pungo Ferry
Road (GPIN 2309510736). DISTRICT 7 - PRINCESS ANNE
. Considerations:
The applicant requests a Conditional Use Permit for an alternative residential
development to allow the subdivision of the site into three separate parcels. The
City Zoning Ordinance permits Alternative Residential Development at a density
of 1 dwelling unit per 5 acres on soil area #1 , and 1 dwelling unit per 10 acres on
soil area #2. The site consists of Munden and Bojac soil areas #1, and Nimmo
and Dragston soil area #2. The majority of the site is within the soil area #2, thus
allowing alternative residential development at 1 unit per 10 acres. The site is
48.7 acres, which would allow four dwelling units. The applicant proposes three
lots. Proposed Parcel F1-A will be 44.183 acres; proposed Parcel F-1-B will be
2.23 acres; and proposed Parcel F-1-C will be 2.285 acres.
The proposal for an altemative residential development is in keeping with the
criteria for such a development as outlined in City Zoning Ordinance and in
Chapter 6 of the City's Comprehensive Plan.
The Planning Commission placed this item on the consent agenda because the
proposal meets the recommendations of the Comprehensive Plan for such
development.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
this request with the following condition:
1. The subdivision of the site into three parcels shall substantially adhere to the
submitted plan entitled "SUBDIVISION OF 2156 PUNGO FERRY ROAD,
PARCEL F-1, RESUBDIVISION OF PARCELS E AND F OF AMENDED
SUBDIVISION OF BARNES & STEWART PROPERTY, VIRGINIA BEACH,
Lucy Rutter
Page 2 of 2
VIRGINIA", Minor revisions to the plan may be allowed if land management
techniques are required. Said plan has been exhibited to the City of Virginia
Beach City Council, and is on file in the City of Virginia Beach Planning
Department.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manage~ lL. .~ ~
REQUEST:
LUCY RUTTER
Agenda Item # 11
April 12, 2006 Public Hearing
Staff Planner: Faith Christie
Conditional Use Permit for alternative residential
development
ADDRESS I DESCRIPTION: Property located at
2165 Pungo Ferry Road
GPIN:
23095107360000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
48.70 acres
The applicant requests a Conditional Use Permit for an
Alternative Residential Development to allow the subdivision of
the site into three separate parcels. The City Zoning Ordinance permits Alternative Residential
Development at a density of 1 dwelling unit per 5 acres on soil area #1, and 1 dwelling unit per 10 acres
on soil area #2. The site consists of Munden and Bojac soil areas #1, and Nimmo and Dragston soil area
#2. The majority of the site is within the soil area #2, thus allowing alternative residential development at 1
unit per 10 acres. The site is 48.7 acres, which would allow 4 dwelling units. The applicant proposes three
lots. Proposed Parcel F1-A will be 44.183 acres, with 28.795 acres above floodplain elevation 5;
proposed Parcel F-1-B will be 2.23 acres; and proposed Parcel F-1-C will be 2.285 acres, with 1.727
acres above floodplain elevation 5.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family home exists on the site.
SURROUNDING LAND
USE AND ZONING:
North:
South:
· Agricultural operations / AG-1 & AG-2 Agricultural District
. Wooded property (floodplain/wetlands) / AG-1 Agricultural
District
· Agricultural operations, church, single-family homes / AG-1 &
AG-2 Agricultural District
· Wooded property / AG-1 & AG-2 Agricultural District
East:
West:
NATURAL RESOURCE AND
The property is partially cleared and partially wooded. Thl3Jront'of,tq~
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LUCY RUTTER
Age'nda Item,~11
. Pag~.1
CULTURAL FEATURES:
property, along Pungo Ferry Road was recently cleared. The rear of the
property is wooded. The site lies within the Southern Watershed
Management area. Development must adhere to the Southern
Watershed Management Ordinance.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Pungo
Ferry Road in front of this request is a two-lane undivided local collector street. There are no projects in
the CIP for improvement of this roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Pungo Ferry 3,704 ADT 6,200 ADT 1 Existing Land Use ~ - 10
Road ADT
Proposed Land Use 3 -
30 ADT
Average Dally Tnps
2 as defined by one single-family dwelling
3 as defined by three single-family dwellings
WATER and SEWER: City water and sewer are not available to the sites. The applicant must obtain Health
Department approval for both wells and septic systems installation.
SCHOOLS: School population is not affected by the request.
The Comprehensive Plan designates this site to be within the
"Rural Area." The area is characterized as low, flat land with wide floodplains and altered drainage. The
Comprehensive Plan recognizes this area as agricultural/rural with uses related to farming, forestry, and
rural residential, and other rurally compatible uses. "From providing a legacy for a future generation of
farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the
vision for our rural landscape is important." (Pg. 161)
COMPREHENSIVE PLAN
Staff recommends approval of this
request with conditions
EVALUATION AND RECOMMENDATION
.:' - ,: --'- ':."-'-c;;:: ..-.....:...:.:..,
LUCY RUTTER
Agehda Item # 11
Page 2
recommended by staff. The recommended conditions are provided below.
The proposed conditional use permit to subdivide 44.183 acres into 3 lots for an alternative residential
development is in keeping with the limited, low-density development options outlined in Chapter 6 of the
City's Comprehensive Plan.
CONDITIONS
1. The subdivision of the site into three parcels shall substantially adhere to the submitted plan entitled
"SUBDIVISION OF 2156 PUNGO FERRY ROAD, PARCEL F-1, RESUBDIVISION OF PARCELS E
AND F OF AMENDED SUBDIVISION OF BARNES & STEWART PROPERTY, VIRGINIA BEACH,
VIRGINIA". Minor revisions to the plan may be allowed if land management techniques are required.
Said plan has been exhibited to the City of Virginia Beach City Council, and is on file in the City of
Virginia Beach Planning Department.
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.
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.
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AERIAL OF SITE LOCATION
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LUCY RUTTER
Agenda Item # 11
. . Page 4
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ZONING HISTORY
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CUP - Alternative Residential Development
1.
2/22/05
8/14/01
1/9/01
3.
1 0/10/00
Conditional Use Permit (Communication Tower)
Conditional Use Permit Borrow Pit
Conditional Use Permit (Alternative Residential
Develo ment and Subdivision Variance
Reconsideration of Conditions (Conditional Use
Permit a roved b Ci Council 10/14/85
Approved
Denied
Approved
2.
Approved
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LUCY RUTTER
Agenda Item # 11
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Item #11
Lucy Rutter
Conditional Use Permit
2165 Pungo Ferry Road
District 7
Princess Anne
April 12, 2006
CONSENT
Barry Knight: Our next item for consent agenda status is agenda Item #11 Lucy Rutter.
An Ordinance upon Application of Lucy Rutter for a Conditional Use Permit for an
alternative residential development on property located at 2165 Pungo Ferry Road in the
Princess Anne District with one condition. Welcome, Lucy. Please state your name for
the record.
Lucy Rutter: Hi. I am Lucy Rutter, and I'm the applicant. I am fine with the condition.
Barry Knight: Thank you. Is anyone present today that objects to putting agenda Item
#11 Lucy Rutter on the consent agenda? Okay. Mr. Henley, would you comment on this
please.
=
AI Henley: Yes sir. The applicant requests a Conditional Use Permit for an alternative
residential development to allow the subdivision for the siteto be three separate parcels.
The City Zoning Ordinance permits alternate residential development in a density at one
dwelling unit per five acres. The majority of the site is within the soil area #2,just
allowing alternative residential development at one unit per 10 acres. The site is 48.7-
acres, which allows four lots. The applicant proposes three lots. That is the reason why
were putting it on the consent agenda.
Barry Knight: Thank you Mr. Henley. Do I hear a motion? Ms. Katsias to approve by
Kathy Katsias.
Ronald Ripley: Second.
Barry Knight: A second by Ron Ripley. Any discussion. Call for the question.
AYE 8
NAY 0
ABSO
ABSENT 3
ANDERSON
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
ABSENT
AYE
AYE
AYE
AYE
AYE
Item # 11
Lucy Rutter
Page 2
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 8-0, the Board has approved Item #11 for consent.
=
- 46-
Item VoL.5.
PLANNING
ITEM # 55156
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of May 9, 2006, Ordinance upon application of 29 OCEAN, L.L.C. for a
Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF 29 OCEAN, L.L.c. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
RT-3, A-36ANDA-12 TO CONDITIONALRT-3
Ordinance upon application of 29 Ocean, L.L. C. for a Change of
Zoning District Classification from RT-3 Resort District, A-36
Apartment District and A -12 Apartment District to Conditional
RT-3 Resort Tourist District with a Laskin Road Gateway Overlay
on rroperty located on the northeast corner of Arctic Avenue and
291 Street and on the south side of 21h Street, approximately 100
feet east of Arctic Avenue (GPINS 24280122750000;
24280122230000;24280112720000;2480112210000;24280114720
000;24280114200000;2480103790000;2428010308000).
DISTRICT 6 - BEACH
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer and James L. Wood
April 25, 2006
\ CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 29 Ocean, L.L.C. - Change of Zoning District Classification, 29th Street east
of Arctic Avenue (DISTRICT 6 - BEACH)
MEETING DATE: May 9, 2006
. Background:
An Ordinance upon Application of 29 Ocean, L.L.C. for a Chanae of Zonina
District Classification from RT-3 Resort Tourist District, A-36 Apartment District
and A-12 Apartment District to Conditional RT-3 Resort Tourist District with a
Laskin Road Gateway Overlay on property located on the northeast corner of
Arctic Avenue and 29th Street and on the south side of 29th Street, approximately
100 feet east of Arctic Avenue (GPINs 24280122750000; 24280122230000;
24280112720000; 24280112210000;24280114720000;24280114200000;
24280103790000; 24280103080000). DISTRICT 6 - BEACH
The City Council deferred this item on April 25.
. Considerations:
The applicant proposes to rezone the existing parcels, zoned RT-3 Resort
Tourist District, A-12 Apartment District, and A-36 Apartment District, to
Conditional RT-3 Resort Tourist District with a Laskin Road Gateway (LRG)
Overlay and to redevelop the site as a multifamily residential project. The
proposed buildings will be seven stories in height with a total of 89 units. The
proposed "North" building will contain 47 units and 105 parking spaces. The
proposed "South" building will contain 42 units and 77 parking spaces. The units
will range in size from 1,700 square feet to 2,528 square feet. The buildings will
be constructed of a mixture of brick, exterior insulation finish system (EIFS), and
hardiplank (fiber cement lap) siding. The proposed color scheme is red or tan
brick, off-white hardiplank, and tan EIFS. The proposed roof will be standing
seam metal in a terra cotta color. All the windows will be white vinyl wrapped
wood, and the balcony railings will be bronze aluminum. Additional window and
balcony treatments in the form of awnings to provide more human scale
articulation to the project have been suggested to the applicant.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The proposal will redevelop a stressed and
under-utilized group of properties and provide high-quality residential units,
increasing the year-round population at the Resort Area. The proposed buildings
and site layout are urban in design and in accordance with the recommendations
29 Ocean, LL.C.
Page 2 of 2
of the Laskin Road Gateway Design Guidelines. The proposal is compatible with
the adjacent business areas as well as the multi-family residential project "under-
construction" directly west of Arctic Avenue.
The Planning Commission placed this item on the consent agenda because it is
a high quality development and is consistent with the Comprehensive Plan and
the Laskin Road Gateway Design Guidelines.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this 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 ~
City Manager:~':, k.~ ~ ~
29 OCEAN, LLC
Agenda Item # 8
March 8, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanae of Zonina District Classification from
RT-3 Resort Tourist District, A-12 Apartment
District, and A-36 Apartment District to
Conditional RT-3 Resort Tourist District
with a Laskin Road Gateway (LRG) Overlay
ADDRESS I DESCRIPTION: Property located on the Northeast corner of 29th Street and Arctic Avenue (311,
313 and 315 29th Street and 2903 Arctic Avenue), and the south side of 29th Street, 100 feet east of Arctic
Avenue (310 and 312 29th Street).
GPIN:
24280122750000;
24280122230000;
24280112720000;
2428011221 0000;
24280114200000';
24280103790000;
24280103080000;
24280114720000.
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
65,000 square feet (the northern parcel is
35,000 square feet; the southern parcel is
30,000 square feet)
The applicant proposes to rezone the existing RT -3 Resort
Tourist District, A-12 Apartment District, and A-36 Apartment
District to Conditional RT-3 Resort Tourist District with a Laskin Road Gateway (LRG) Overlay and to
redevelop the site as a multifamily residential project. The proposed buildings will be seven stories in
height with a total of 89 units. The proposed "North" building will contain 47 units and 105 parking spaces.
The proposed "South" building will contain 42 units and 77 parking spaces. The units will range in size
from 1,700 square feet to 2,528 square feet. The buildings will be constructed of a mixture of brick,
exterior insulation finish system (EIFS), and hardiplank siding. The proposed color scheme is red or tan
brick, off-white hard i-plank, and tan EIFS. The proposed roof will be standing seam metal in a terra cotta
color. All the windows will be white vinyl wrapped wood, and the balcony railings will be bronze aluminum.
SUMMARY OF REQUEST
Additional window and balcony treatments in the form of awnings to provide more human scale
articulation to the project have been suggested to the applicant.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Currently a 34-unit hotel, five two-bedroom cottages, and a single-family dwelling
occupy the sites. The hotel was built in 1948, with additions in 1951, 1966, and 1983. The cottages were
constructed in 1920, and the single-family house was built in 1927. All the existing uses are nonconfroming
due to the existng zonings of the property.
SURROUNDING LAND
USE AND ZONING:
North:
. An alley, 29% Street
. Across the alley is a Hotel! RT-3 Resort Tourist District and A-
12 Apartment District
. Hotel! RT-3 Resort Tourist District
. Single-family (north side) and restaurant (south side)! RT-3
Resort Tourist District
. Arctic Avenue (north side) and a duplex (south side)! RT-3
Resort Tourist District and A-12 Apartment District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are little or no natural resources on the sites as the sites are
developed with buildings and parking areas.
There does not appear to be any cultural features associated with the
sites except the cottages, which were developed in 1920, and the single-
family home built in 1927, around the beginning of the Town of Virginia
Beach.
AICUZ:
The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): 29th
Street in front of this application is considered a two-lane undivided local street. Arctic Avenue is two-
lane Minor Urban Arterial roadway. This portion of Arctic Avenue will not be impacted by the upcoming
construction phase for the Arctic-Baltic Avenue Drainage Improvements project. South of 28th Street,
Arctic Avenue will be completely rebuilt with this Capital Improvement Project, which is scheduled to
begin in the fall of 2006.
There is a proposed entrance shown on 29th Street, just east of Arctic Avenue for the North
condominium. This entrance will not be approved in this location because it is too close to the
intersection. The entrance must be moved at least 50 feet east along 29th Street. Because all of the
other proposed access points are also shown schematically with no information regarding entrances to
adjacent properties, approval of specific locations for access points will be withheld until a construction
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plan is submitted for review.
The developer will be responsible for improving the 29Y2Street alleyway to meet Public Works
Standards, which includes an 18-foot width with curb and gutter. The 18-foot width is measured from
face-of-curb to face-of-curb.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
29th St not available 6,200 ADT (Level of Existing Land Use <! -
Service "C") - 153 ADT
9,900 ADT (Level of Proposed Land Use 3 -
Service "D" - capacity) 581 ADT
Arctic Avenue not available 7,300 ADT (Level of
Service "C") -
10,700 ADT (Level of
Service "D" Capacity)
Average Dally Tnps
2 as defined by the existing uses
3 as defined by 89 condominium dwellings
WATER: This site must connect to City water. There is an 8-inch City water line in 29th Street, and an 18-inch
City water main in Arctic Avenue.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #3, and the City sanitary
sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City
gravity sanitary sewer main in 29th Street and a 24-inch City gravity sanitary sewer main in Arctic Avenue.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Cooke Elementary 536 505 7 4
Virginia Beach 706 724 3 2
Middle
First Colonial 2,146 1,730 4 2
" . "
generation represents the number of students that the development WIll add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
COMPREHENSIVE PLAN
The Oceanfront Resort Area Plan and the Oceanfront Resort Area Design Guidelines, which were
adopted December 20, 2005, and amended as part of the City's Comprehensive Plan, identify this area
as the Laskin Road Gateway. Laskin Road Gateway Design Guidelines were adopted by City Council on
August 10, 2004, and identify eight (8) design goals, which are as follows:
1 . Provide interest at the street level and enhance the pedestrian experience.
2. New buildings and additions should be delineated both vertically and horizontally to reflect a
human scale.
3. Simple rectangular forms with horizontal roof forms should predominate on commercial and
mixed-use structures.
4. Clearly identify the primary entrance to a building and orient it to the street.
5. Architectural features should be used to provide weather protection and highlight building
features and entries.
6. Building material and colors should exhibit quality and help establish a human scale while
providing visual interest.
7. Design buildings with careful consideration for the incorporation of signage and lighting.
8. Design outdoor spaces to enliven the sidewalk level and provide for private open space for
shoppers, employees, and residents.
The Comprehensive Plan calls for high quality and more intensive development in the Laskin Road
Corridor of which this proposal is consistent.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal will redevelop a stressed and under-utilized group of properties and provide high-quality
residential units, increasing the year-round population at the Resort Area. The proposed buildings and
site layout are urban in design and in accordance with the recommendations of the Laskin Road Gateway
Design Guidelines. The proposal is compatible with the adjacent business areas as well as the multi-
family residential project "under-construction" directly west of Arctic Avenue.
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,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibits entitled
"PROPOSED OCEANS 29 CONDOMINIUMS Architectural Site Plans", "PROPOSED OCEANS 29
CONDOMINIUMS - NORTH BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS-
SOUTH BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C., which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter referred to as "Concept Plans").
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PROFFER 2:
When the residential buildings designated Ocean 29-NORTH and SOUTH on the Concept Plan are
developed, the exterior of the buildings shall be substantially similar in architectural features, details and
appearance to the exhibits entitled "OCEANS 29 RENDERING", PROPOSED OCEANS 29
CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" AND "PROPOSED OCEANS 29 CONDOMINIUMS
- ELEVATIONS NORTH BUILDING", dated 01-27-2006, prepared by Hanson & Associates, P.C., which
have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter "29 Ocean Elevations").
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated 30th January, 2006, and found it to be
legally sufficient and in acceptable legal form.
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.
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
(CPT ED) concepts and strategies as they pertain to this site.
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NOI1VJI1ddV ~NINOZHlI 1VNOI1IaNO:>
02128/06 TUB 16:52 FAX 757 433 2007
llLDG 230 NASO
Il!I 002
.
DEPARTMENT OF THE NAVY
NAVAL AIR STATION OCEANA
1750 TOMCAT BOUlEVARD
VIRGINIA BeACH. VIFIGItlIA 234e0-2191
III REI'\. Y RliFER TO:
5726
Ser 331111
February 28. 2006
Ms. Faith Christie
Planning Department
Ci ty of virginia Beach
2405 CourthouSe Drive, Building 2
Virginia Beach, VA 23456
Dear Ms. Christie:
Thank you for tbe opportunity to review tbe Conditional Use
Permit application made by 29 Ocean, LLC for their proposed
ninety-six-unit condominium project located at Arctic Avenue and
29th Street.
Tbis site is located approximately three miles northeast of
NAS Oceana in the 65-70 decibel (dB) day-night avero.ge (DNL)
noise zone, beneath airspace used by some jet aircraft
approaching runway 23. :Mindful that Virginia Beach did not
adopt zoning changes in this contour follOwing the recent Joint
Land Use Study, I must nonetheless advise you that the Navy's
Air Installation Ccnapatible Use Zone (AICUZ) Program provides
that residential use is not co~atible within the 65-70 dB DNL.
The Navy understands that redevelopment of the oceanfront
area is an important City initiative. Indeed, this is reflected
in the Statement of Understanding of 15 March 2005 between the
City and the Navy. Our concern with respect to such
redevelopment is, however, the resulting increase in residential
density. I would ask that the City staff and the proponents of
this project seriously consider tne known and potential
consequences of aircraft operations on tbe future residents of
these ninety-six units and urge the City to explore a way to
advance this project at a lower density.
I hope you will make these concerns known to the City staff
and to the representatives of 29 Ocean, :LLC. My staff and I are
ready to explain to anyone connected with 'this proposal how air
operations at NAS Oceana affeot tbis site and to discuss any
facet of the proposal. '1'0 do so, please contact my community
Planning Liaison Officer, .Mr. Ray Firenze at (757) 433-3158.
Sincerely,
~
P.. GE
ain, U.S. Navy
Commanding Officer
~...
t-
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29.iOCEAN,h~l.C.
A~lldalte~";;~8
. . .:Pi:Jne/1.....~
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/
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Item #8
29 Ocean, L.L.C.
Change of Zoning District Classification
Northeast corner of Arctic Avenue and 29th Street and
South side of 29th Street, approximately 100 feet east of
Arctic Avenue
District 6
Beach
March 8, 2006
CONSENT
Janice Anderson: The next item is Item #8. It is 29 Ocean, L.L.c. This is for a Change
of Zoning from RT-3 Resort Tourist District, A-36 Apartment District, and A-12
Apartment District to Conditional RT-3 Resort Tourist District. Those three zonings
being are being changed to RT-3 with a Laskin Road Gateway Overlay. This is on
property located on the northeast comer of Arctic Avenue and 29th Street and on the south
side of 29th Street. This is in the Beach District. Yes sir. Welcome.
Mark Goldner: Thank you. My name is Mark Goldner representing the 29 Ocean, L.L.c.
We've read the conditions and concur.
=
Janice Anderson: Thank you Mr. Goldner. Is there any opposition to this application?
Therefore, Mr. Bernas could you please explain this one?
Jay Bernas: This is an application for a Change of Zoning District Classification. The
project will involve two buildings. The north building will contain 47 units. The south
building will contain 42 units. The Commission feels that this should be on the consent
agenda because it is a high quality, a wonderful development. It's consistent with the
Laskin Gateway Design Guidelines. It's been a long time coming. One thing that we
would like to note is that we would like to recommend to City Council that they look at
the existing CIP projects within the area to look at opportunities to work with the
developer and cost participate on improving this section of 29th Street.
Janice Anderson: Thank you. Mr. Chair, I have a motion.
Barry Knight: A motion on the floor. Do we have a second? A second by Kathy Katsias.
Is there any discussion? Call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON
BERNAS
CRABTREE
HENLEY
AYE
AYE
AYE
AYE
Item #8
29 Ocean, L.L.c.
Page 2
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #8 for consent.
Barry Knight: Okay.
=
....T-~ ~ " . .-,
---,c tA(\' ..
~...._~.
Page 1 of 1
Faith Christie
From: HRDIVE@ao/.com
Sent: Wednesday, March 01, 200611:12 AM
To: Faith Christie
Cc: ComfortVaBch@aol.com; EconoOceanfront@ao/.com; awv@picusnet.com; billy@wplsite.com
Subject: 29 Ocean LLC/ Richardson Associates inc (Comfort Inn) response
Dear Faith: I will be out of the country from March 02 06 until March 27 06 I am the secretary of Richardson
Associates, inc, the owner of the Comfort Inn located at 2800 Pacific Ave which is immediately adjacent and
south of the project being developed by Mark and Lance Goldner et al . We are in support of the project and
feel that its addition will be an enhancement to what currently occupies the site. However we respectfully
request that this project be aesthetically screened from our property. Our hotel is seven stories and the
proposed project is six stories .We believe that screening consistent with what was used for the convention
center abutting I 264 east bound is appropriate for this project. The project is only set back 20 feet from the
property line and to ensure that our guests are not adversely impacted we propose the following solution: that
the property be landscaped with ten to twelve foot loblolly pines 10 feet on center with three to four foot wax
myrtles 3 feet on center along the entire south property line of 29 ocean adjacent to the Comfort Inn ( our
north property line) . We feel that this proposal will benefit not only our property but furthermore will enhance
the project being developed. Please enter our comments for the record and please distribute to all of the
Planning Commissioners. If you need to reach me i can be reached at 757 428 3970 or hrdive@aol.com
Thank you. Sincerely Henry Richardson
=
':l/1 n (I(\(:;'
Mar 08 06 09:39a
p.2
March 8, 2006
Planning .Commission and City Council Members
Virginia Beach, V A
Re: 29 Ocean LLC (aka Cherry Motel property)
Ladies and Gentlemen:
I ask that you support the proposed multifamily condo development on 29th Street. This
development, constructed of quality building materials with disguised/seemed ample
parking, a variety ofexterioI' designs and roof lines, staggered set-backs with landscaping
along 29th Street, and window treatments of tri~ shutters and awnings, will have a
positive impact on the surrounding Old Beach neighborhood.
=
In addition, the developers have agreed that they will not participate in the Residential
Permit Parking Program.
I compliment the developers of this property for their commitment to building a quality
project.
Very truly yours,
~:!r::.sc.- r:. c:L
President
Resort Beach Civic League
318 24th Street
Va. Beach, VA 23451
428-8052
CITY OF VIRGINIA BEACH
ThITER-O~CECORRESPONDENCE
In Reply Refer To Our File No. DF-6436
DATE: April 11 ,2006
TO:
FROM:
Leslie L. Lilley ~
.~
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; 29 Ocean~ L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
January 30, 2006, 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.
BKW/sj
Enclosure
/cc: Kathleen Hassen
29 OCEAN, L.L.C., a Virginia limited liability company
ATLANTIC ENTERPRISES, INC., a Virginia corporation
CHERRY MOTEL, INC., a Virginia corporation
MARK GOLDNER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of January, 2006, by and between
29 OCEAN, L.L.C., a Virginia limited liability company, Grantor, party of the fIrst
part; ATLANTIC ENTERPRISES, INC., a Virginia corporation, Grantor, party of the
second part; CHERRY MOTEL, INC., a Virginia corporation, Grantor, party of the
third part; MARK GOLDNER, Grantor, party of the fourth part; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the fIfth part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of two (2) parcels of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 15,000 square feet as more particularly described as Parcels
1 and 2 in Exhibit" A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcels referenced herein and described in
Exhibit "A" are herein referred to as the "Property"; and
PREPARED BY:
GPIN: 2428-01-2275
2428-01-2223
2428-01-1272
2428-01-1221
2428-01-1420
2428-01-0379
2428-01-0308
2428-01-0308
2428-01-1472
ftB SYIO'::S. BOURDON.
_ AHrnN & 1M. P.c.
1
PREPARED BY,
WHEREAS, the party of the third part is the owner of six (6) parcels of
property located in the Beach District of the City of Virginia Beach, containing a total
of approximately 43,000 square feet as more particularly described as Parcels 3, 4, 5,
6,7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcels referenced herein and described in
Exhibit "A" are herein referred to as the "Property"; and
WHEREAS, the party of the fourth part is the owner of one (1) parcel of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 7,000 square feet as more particularly described as Parcel 9
in Exhibit "A" attached hereto and incorporated herein by this reference, which
parcel, along with the other parcels referenced herein and described in Exhibit "A"
are herein referred to as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property,
has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from A-36, A-12 and RT-3, Apartment and Resort
Tourist Districts to Conditional RT-3 Resort Tourist District (LRG); and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantors aclmowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantors' proposed
rezoning, certain reasonable conditions goveming the use of the Property for the
protection of the community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the Grantors' rezomng
application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
lIB SYIl[S. ROURDON.
.. AHrnN & 1M. P.c.
2
PREPARED BY:
IDB SYlCI:S. BOURDON.
mAHrRN & LM. P.c.
the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
goveming body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govem
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibits entitled "PROPOSED OCEANS 29 CONDOMINIUMS
Architectural Site Plans", PROPOSED OCEANS 29 CONDOMINIUMS - NORTH
BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS - SOUTH
BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C.,
which have been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Department of Planning (hereinafter referred to as "Concept
Plans") .
2. When the residential buildings designated Oceans 29-NORTH and
SOUTH on the Concept Plan are developed, the exterior of the buildings shall be
substantially similar in architectural features, details and appearance to the
exhibits entitled, "OCEANS 29 RENDERING", "PROPOSED OCEANS 29
CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" and "PROPOSED OCEANS
29 CONDOMINIUMS - ELEVATIONS NORTH BUILDING", dated 01-27-2006,
prepared by Hanson Associates, P.C., Architects Engineers, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter "29 Ocean Elevations").
3
3. Further conditions may be required by the Grantee during detailed
Site Plan and/or Subdivision review and administration of applicable City Codes
by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the RT -3 and the Laskin Road Gateway
Overlay (LRG) District and to the requirements and regulations applicable thereto
refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City of Virginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the goveming body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City
PREPARED BY: of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
I3mSYKIS. BOlURDON. restrictions, including the authority (a) to order, in writing, that any
OJ AHrnN & M. P.c.
noncompliance with such conditions be remedied, and (b) to bring legal action or
4
PREPARED BY;
~ STIIS. ROURDON.
m AlItRN & UVY. P.c
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and
the Grantee.
5
PREPARED BY:
~ SYKIS. ROURDON.
m AIIrnN & 1M. P.c.
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C.,
a Virginia limited liability company
By: Atlantic Enterprises, Inc., a Virginia
corporation, Member
By:
~
Andrew W. Vakos, President
---""
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this .3l.s.t. day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability
company, Grantor.
,
?M
,
I(~.(~//~
Notafy Public
My Commission Expires: ".~/~/ /t:f'
6
PREPARED BY;
11m mIS. ROURDON.
.. AIIrnN & 1M. P.c.
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By: Cherry Motel, Inc., a Virginia corporation,
Member
By:-.-Z----- ~/~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability company,
Grantor.
./Ait.* -//( Y/lt{l>>1~
Notary Public
My Commission Expires: August 31, 2006
7
PREPARED BY:
(;JIB SillS. DOURDON.
m AIIrnN & 1M. P.C
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By:
-/%~~
Mark Goldner, Member
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Mark Goldner, Member of 29 Ocean L.L.C., a Virginia limited
liability company, Grantor.
A ~ Kf! i '
./ /i/IA ':' _ :N, n'7 {J C111<-e
Notary Public
My Commission Expires: August 31, 2006
8
PREPARED BY:
BB Sms. ROURDON.
mAmRN & lM.P.C.
WITNESS the following signature and seal:
Grantor:
Atlantic Enterprises, Inc.,
a Virginia corporation
~
(SEAL)
By:
Andrew W. Vakos, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Grantor.
dJl~'Ii/i~/~
Notary Public
My Commission Expires: ~ft/JJt
9
PREPARED BY:
~ Syn:s. ROURDON.
mAIIrnN &. 1M. P.C
WITNESS the following signature and seal:
Grantor:
Cherry Motel, Inc., a Virginia corporation
BY:~~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Grantor.
_A)~:J.,k. II, n1C-{~/ij})
Notary Public
My Commission Expires: August ::$1, 2006
10
PREPARED BY:
lIB syn:s. ROURDON.
.. AIIrnN & LM. P.c.
WITNESS the following signature and seal:
Grantor:
BY:~~~
Mark Goldner
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Mark Goldner, Grantor.
~ f1</i, L kYr7~Ikrk-Pp
-"'" I.
Notary PublIc
My Commission Expires: August 31, 2006
11
EXHIBIT <<A"
Parcel 1:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 6,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-2275
Parcel 2:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-2223
Parcel 3:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 10
and 10' of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1272
PREPARED BY:
13m sms. ROURDON.
nI AHERN & 1M. P.c.
12
PREPARED BY:
Parcel 4:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being mown and designated as Lot 12
and 10 of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1221
Parcel 5:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being mown and designated as Lot 5,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property .
GPIN: 2428-01-1420
Parcel 6:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being mown and designated as Lot 6
(49.6 Ft.), in Block 3, as depicted on the plat of Central Park, Inc., recorded in the
Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-0379
Parcel 7:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being mown and designated as Lot 7
and westem 4' of Lot 6, in Block 3, as depicted on the plat of Central Park, Inc.,
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more
particular description of said property.
_S\'Krs. ROURDON. GPIN: 2428-01-0308
OJ AIlrnN & UVY. P.c.
13
PREPARED BY:
RIB SYU:S. ROURDON.
_AHERN & LM.P.C
Parcel 8:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-0308
Parcel 9:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 4,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-1472
ConditionaURezone/290cean/ProfferS
Rev,1/31/06
14
R-5D
o PROPERTY, CITY Of NORfOLK
LAKE WRIGHT GOLF COURSE
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Danny K. Martin - Change of Zoning District Classification, 5840 Burton
Station Road (DISTRICT 4 - BA YSIDE)
MEETING DATE: May 9,2006
. Background:
An Ordinance upon Application of Danny K. Martin for a Chanqe of Zoninq
District Classification from R-5D Residential Duplex District to Conditional 1-1
Light Industrial District on property located at 5840 Burton Station Road (GPIN
1458894322). DISTRICT 4 - BAYSIDE
. Considerations:
The applicant proposes to rezone the existing property, zoned R-5D Residential
District, to Conditional 1-1 Light Industrial District in order to develop a 16,200
square foot office-warehouse facility. According to the application, the primary
tenant of the proposed building will be a corporation owned by the applicant.
Several setback variances will be sought from the Board of Zoning Appeals as
the surrounding properties are all zoned R-5D and thus setbacks beyond those
normally required are necessary.
A study has been undertaken jointly by the City of Virginia Beach, the City of
Norfolk, and the Norfolk Airport Authority to assess the potential
for comprehensive development of the area in which this rezoning request is
located. The study area is bound by Lake Wright on the west, Northampton
Boulevard on the south, Baker Road on the east, and Norfolk International
Airport on the north, and comprises approximately 400 acres. The study, known
as the Northampton Boulevard Corridor Master Plan Study, is currently in draft
form and has not yet been approved by the City Council. The draft study
recommends changing the zoning of much of the existing residential property
located within the study area to zoning districts that would permit commercial
uses. However, prior to such rezoning, the study also recommends assemblage
of land for high density development, specifically multi-story class A & B office
campus park with mixed uses to include flex/office, research and development
and light industrial and retail.
While the proposed use can be viewed as consistent with the draft study's basic
recommendations to move this area from residential to commercial and industrial
uses, the current proposal falls short in that it does not reflect a consolidation of
parcels to form a parcel that can support the type of development envisioned.
Danny Martin
Page 2 of 2
Approval of industrial zoning on this one parcel is equivalent to opening this area
to industrial rezoning on a case-by-case basis on small parcels with no
assurance of public water or sewer service (water and sewer are not available in
this area). If approved, the public's opportunity to achieve a comprehensive,
high-quality redevelopment of this area could be compromised.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 7-1 to approve
this request, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
~
Submitting Department/Agency: Planning Department
CityManage~s. K . ~ ~
DANNY MARTIN
Agenda Item # 19
April 12, 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Chanqe of Zoninq District Classification from
R-5D Residential District to Conditional 1-1
Light Industrial District.
R-5D
o
1'fl.OI'fKTY, em Of r<<)Rr<JUt.
IMC WI1ICI-I1 COtf COURSr
ADDRESS I DESCRIPTION: Property located at 5840 Burton Station Road.
GPIN:
14588943220000
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
1 acre
APPLICATION HISTORY: This item was deferred at the January 11, 2006 public hearing.
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-5D
residentially zoned property to Conditional 1-1 Light Industrial
District in order to develop a 16,200 square foot office warehouse facility. According to the application,
the primary tenant of the proposed building will be a corporation owned by the applicant. Several setback
variances will be sought from the Board of Zoning Appeals as the surrounding properties are all
residentially zoned and thus setbacks beyond those normally required are necessary.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is an existing single-family dwelling on the property.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Vacant / R-5D Residential District
. Single-family dwellings / R-5D Residential District
. Vacant / R-5D Residential District
. Single-family dwellings / R-5D Residential District
DANNY MARTIN
Age-ndaltem #19
. Pag~1
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed, however, there are no
apparent environmental features on this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Burton
Station Road in the vicinity of this request is a two (2) lane collector road. Burton Station Road is not
designated on the MTP and improvements are not anticipated in the near future for this right-of-way.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Burton Station 4,200 ADT ' 6,200 ADT (Level of Existing Land Use'" - 20
Road Service "C") - 9,900 ADT 1 ADT
(Level of Service "D") Proposed Land Use 3 -
71 ADT
I
Average Dally Tnps
2 as defined by existing duplex zoning
3 as defined by proposed office/warehouse
WATER & SEWER: There is no City water or sewer available to this site. Health Department approval will be
required for private wells and septic systems.
The Comprehensive Plan recognizes this property as party of
Strategic Growth Area (SGA) 1 - Northampton Boulevard Corridor Area. The Plan's policies for Strategic
Growth Area 1 recognize that this area has evolved into a major employment center in South Hampton
Roads with an exceptional transportation access that serves its corporate and industrial clientele. This
area should build on its strength as a major corporate, employment and industrial base. A master plan
study of this SGA is currently underway through the City's Economic Development Department.
COMPREHENSIVE PLAN
Staff recommends denial of this
request. A study has been
EVALUATION AND RECOMMENDATION
-.~,'.,\.- /
DANNY MARTIN
Agenda Item #19
. Pag~ 2
/,?'
undertaken jointly by the City of Virginia Beach, the City of Norfolk, and the Norfolk Airport Authority to
assess the potential for comprehensive development of the area in which this rezoning request is located.
The study area is bound by Lake Wright on the west, Northampton Boulevard on the south, Baker Road
on the east, and Norfolk International Airport on the north, and comprises approximately 400 acres. The
study, known as The Northampton Boulevard Corridor Master Plan Study, is currently in draft form and
has not yet been approved by the City Council. In sum, the study recommends changing the zoning of
much of the existing residential property located within the study area to zoning districts that would permit
commercial uses. The study also recommends assemblage of land for high density development,
specifically multi-story class A & B office campus park with mixed uses to include flex/office, research and
development and light industrial and retail.
While the proposed use can be viewed as consistent with the draft study's basic recommendations to
move this area from residential to commercial and industrial uses, the current proposal falls short for
several reasons.
1. This parcel is one of twenty residential lots along Burton Station Road that the City has identified
for acquisition. The land assemblage acquisition strategy for the Northampton Boulevard Corridor
Master Plan is scheduled on the City Council pending items list for a Council briefing in May
2006.
2. This area has a tremendous opportunity to expand and improve the City's economic base. The
draft study envisions the redevelopment of underdeveloped properties with uses compatible and
complementary to the Norfolk International Airport, and with uses that will take advantage of the
area's transportation advantages. This part of the City has exceptional transportation access as
the area is served by the Norfolk International Airport, railroad lines linked to both port terminals
and land transport, as well as quick access to Interstate 64 and State Route 13.
3. This proposal does not represent an efficient use of the land as the use recommended within the
study for this site is class A and B office space. Approval of this proposal would set the stage for
the type and quality of future development along Burton Station Road and perhaps, more
importantly, limit the opportunity for consolidated and coordinated redevelopment of properties in
the vicinity.
4. Staff feels that a piecemeal approach, such as that proposed, falls short of the City's ultimate
goals outlined in the Comprehensive Plan for the Strategic Growth Area #1. Staff has
consistently advised those considering development and redevelopment proposals along Burton
Station Road to assemble several parcels. The Comprehensive Plan states "Any development
proposal should be accomplished through conditional rezoning employing substantial parcel
consolidation" (page 63). Staff has consistently recommended against a piecemeal approach for
transitioning this residential area to the City's desired goal of creating a major corporate,
employment and industrial area.
5. This site and the surrounding area are not currently served by City water and sewer. Approval of
industrial development dependent on wells and septic systems is not advised. As mentioned
above, approval of this proposal would likely begin a domino effect of piecemeal development
reliant on wells and septic systems, contrary to the City's vision of class A and B office space,
and other requests similar to this one are sure to follow.
In sum, approval of industrial zoning on this one parcel is equivalent to opening this area to industrial
rezoning on a case-by-case basis with no assurance of public water or sewer service. If approved, the
public's opportunity to achieve a comprehensive, high-quality redevelopment of this area could pass by.
"..J -..-. . -. .,C.' .....,...0..-'
DANNYMA$J"IN
Agel1C:ta Itel1l;;!.19
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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,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, in order to achieve a coordinated design and development on the site in
terms of vehicular access, parking and building orientation, the conceptual site plan entitled "PRELIMINARY
SITE PLAN OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY MARTIN, Virginia
Beach, Virginia," dated September 13, 2005, prepared by John E. Sirine & Associates, Ltd., which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
("Concept Plan") shall be adhered to.
PROFFER 2:
When the Property is developed, the building referenced on the Concept Plan shall have the architectural
appearance, design features and exterior building materials depicted on the eight (8) photographs identified
as "Cornick Farm Office Warehouse for Danny Martin," dated September 13, 2005, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
("Elevations").
STAFF COMMENTS: The proffers listed above fail to offset the problems identified with this rezoning.
The City Attorney's Office has reviewed the proffer agreement dated September 29, 2005, and found it to be
legally sufficient and in acceptable legal form.
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.
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.
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DANNY MABTIN
Agenda Item:#. 19
. Page 4
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R-5D
o PROPERTY, OTY Of NORfOLK
LAKE WRIGHT CaLF COURSE
1 1 0/08/79 CHANGE OF ZONING (B-2 to 0-2) Granted
06/14/82 CHANGE OF ZONING (0-2 to 1-1 Denied
Industrial)
01/25/05 Granted
2 02/13/01 CHANGE OF ZONING (B-2, 0-2 & 1-1 Granted
to Conditional 1-1)
CONDITIONAL USE PERMIT (hotel) Granted
3 OS/24/05 CHANGE OF ZONING (Conditional 1-1 Granted
to Conditional B-2)
4 01/25/82 CHANGE OF ZONING (B-2 to R-8) Granted
5 12/17/84 CONDITIONAL USE PERMIT (fuel Granted
sales)
ZONING HISTORYi".
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DANNY MARriN
Agendaltem#it9
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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, members, trustees,
partners, etc. below: (Attach /ist if necessary)
Danny K. Martin
2. List all businesses that have a parent-subsidiary1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
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: (Attach list if necessary)
Travis Lee Baker
2. List all businesses that have a parent-subsidiaryl or affiliated business entitj
relationship with the applicant: (Attach list jf necessary)
X Check here if the property owner is NOT a corporation, partnership. firm, business,
or other unincorporated organization.
1 & 2 See next page for footnotes
CondItional Rezoning Application
Page 11 of 12
Revised 9/112004
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DANNY MARTIN
Agenda Item 41 19
Page 12
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors 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
services: (Attach list jf necessary)
John E. Sirine & Associates, Ltd.
William E. Wood & Associates
Sykes, Bourdon, Ahem & Levy, P.C.
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Govemment Conflict of
Interests Act, Va. Code S 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business 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 (Hi) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business 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 State and Local Government Conflict of Interests,Act. Va.
Code S 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I 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 days prior to the scheduled public hearing
according t ,e instructions in package.
~
Danny K. Martin
Print Name
Property Owner's Signature (if different than applicant)
Travis Lee Baker
Print Name
Condttional Rezoning Application
Page 12 of 12
Revised 91112004
DISCLOSURE ST A TElVWN'T>"."
C__;...".__:.'
DANNY MARTIN
Agenda Item.' 19
Page 13
=
Item #19
Danny K. Martin
Change of Zoning District Classification
5840 Burton Station Road
District 4
I Bayside
Apri112, 2006.
REGULAR
Joseph Strange: The next item is Item #19 Danny K. Martin. An Ordinance upon
Application of Danny K. Martin for a Change of Zoning District Classification from R-
5D Residential Duplex District to Conditional I-I Light Industrial District on property
located at 5840 Burton Station Road, District 4, Bayside.
Eddie Bourdon: Thank you Mr. Chairman. For the record, my name is Eddie Bourdon,
I'm a Virginia Beach attorney and I am representing the applicant in this matter, which is
Danny Martin. Let me begin by requesting that let me incorporate all my remarks and
those of Mr. Travis Baker and Ms. Phyllis Willoughby on this item at your public hearing
both on January 11, 2006 and February 8, 2006 in to the record of this hearing. I'd also
respectfully request that a copy of the material that I provided to the Commission that is
highlighted portions of our three Comprehensive land use plans relate to Burton Station
also be included in the Planning Commission's record of this hearing, which will be
forwarded to City Council. I would like Council to get all of those hearing records and
verbatims. Obviously, you have all heard this matter twice, and again, I don't believe
there to be any public opposition to this request. The request is in my estimation one that
is completely consistent with the land uses recommended for this area in our
Comprehensive Plan, and have been so recommended for more than two decades. We
have a one-acre site on the north side of Burton Station Road, which is approximately
200-feet west of an 0-2 zoned property and an I-I zoned property, which was rezoned
from 0-2 hotel development just last year in 2005. There is already a hotel built on the
other side of that property and a commercial property being constructed today on the
comer of Burton Station and Northampton Boulevard. I don't think Burton Station Road
is going to get moved anytime soon. We asked this property be rezoned to I-I Light
Industrial for an office warehouse use, which is similar to dozens of other facilities in this
very area in an around the airport industrial park. In fact, and almost identical
application, in terms of the proposed land use and the size of the property and facility was
approved this Planning Commission in January 2006 and City Council of February 2006
for Tank Lines, Inc., and it was on the consent agenda in both cases. I had the privilege
of representing them and that property was on Diamond Springs Road near the comer of
Northampton Boulevard. This office warehouse is primarily for Mr. Martin's existing
successful business. Mr. Marin is a life long resident of Virginia Beach. He has a quick
sub lock and interior trim item business that he sells those items that he stocks and createsito builders for new construction and renovation projects. This property like many, many
others in Burton Station is and has been zoned R-5 Residential for 5,000 square foot
=
Item #19
Danny K. Martin
Page 2
.
single-family development for decades, yet there is no water nor sewer has ever been
provided. It is because the City, and understandably in my estimation doesn't want to see
more residential developments here. That is not a secret. But what is less obvious and
still pretty clear to me is the Development Authority of our city has no money, nor any
inclination to pay these long suffering property owners the fair market price for their land
based upon a land use, which is consistent with our Comprehensive Plan. The Baker
Family, Mr. Baker is again here today. He's owned this property for more than 43 years.
Mr. Martin has offered the Baker Family a fair price. He's proffered the city a very
attractive plan for a land use, which is appropriate for this area. He has no problem
putting in a generator and a water tank to provide a sprinkler system for the building.
That has been done in other areas of the City. The City does not have any money to buy
the land. They have been offered the opportunity on numerous occasions including by
Martin to pick up his contract. They don't want to pay fair market value for the land. In
my estimation as an office warehouse because they don't have any money. Yet, at the
same time they're depriving the family owners any ability to develop their property in a
manner consistent with the Plan by opposing this type of development. And that is what
is recommended to you today that you continue down the road or their stuck in purgatory
with nothing they can do with their property. I believe that to be a totally inequitable
situation, which has exhausted the patience of the Baker Family, as I have said who has
owned this property for over 43 yeas. Mr. Martin is a well respected established
businessman in the city who is willing to come in and build a building that will suit his
business needs so he can expand his business in our city, and I don't know how it can get
a better utilization of the property given all the circumstances that exist as a "pie in the
sky" idea that this property is going to be accumulated, and we're going to have big
office buildings there. We heard a little bit about it, I guess in February by one of the
members of Development Authority team members of coming to speaking to you. As
much as I think a lot of might like to see it, it is not reality. These people need to be able
to utilize their property in a manner that is fair and equitable and consistent with our
Comprehensive Plan. I believe this application is purely and clearly that, and I read in the
paper not to many weeks ago. I believe Vice Mayor Jones said there is no money and
doesn't think there is going to be any money to do anything out here because all of our
assets are being bundled into buying land in APZs and Interfacility Traffic Areas, and
other parts of the City. This isn't going to blow the plan for Burton Station is my point.
It is the type of use that will go in Burton Station and should go in Burton Station. But
these folks just can be continued to be put down and not have the opportunity to develop
their property. Thank you. I hope you all will see fit to recommend approval of the
application as proffered, and pass this on to City Council.
Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Mr. Bourdon, when
you said that the City had no money, I understand what you said, and understand the
reason with the BRAC concerns and stuff, does the Development Authority have no
money either?
Item #19
Danny K. Martin
Page 3
Eddie Bourdon: As I understand it Mr. Knight, and you heard from the realtor two
months ago. There is no money available that can earmarked to buy property there. Mr.
Martin met with the Real Estate Department City of Virginia Beach when this came up in
January and they were asked how much is your contract for, gave them the answer. We
can't buy it. We don't have any money. I don't know what else I can tell you. All they
told us was there was no money. I want the application approved. Don't get me wrong
but a bigger point, and I think that is one that the City can't continue to ignore is we got
to do something to allow these people out here who don't have title problems, who don't
have title issues and want to see some use of their property, the opportunity to do
something if there is a plan that is proposed, as I believe this one is and that is consistent
with the Comprehensive Plan Guidelines with regard to an industrial use, an office
warehouse for that area.
Barry Knight: Thank you. Are there any other questions for Mr. Bourdon? Thank you.
Are there any other speakers Mr. Strange?
Joseph Strange: There are no other speakers.
Barry Knight: I'll open it up for discussion. Mr. Bernas.
=
Jay Bernas: I don't know if anyone on staff can help me with some clarification as far as
what is going up to Council in May? I understand that when we were briefed by the
Development Authority in February that it was suppose to be heard on February 28, 2006,
and it was postponed to May. What exactly is going to City Council in May?
Robert Scott: I can tell you generally what is going to City but not exactly. There will
be, I suspect a discussion about how to go forward with development in this area. I agree
with a lot of what Mr. Bourdon told us just now. I do. I agree with everything that he
said. I agree with a lot. I don't agree with a "pie in the sky" plan. It's a tough plan to
pull off but we pull of a lot of tough plans. But it is going to involve a more investment
by the City that what is taken place. Obviously, I don't think the issue is lack of money so
much as it was, I understand discussions that took place that the property owner and our
City real estate people were not together on price. And maybe we need a long harder look
at that in practices of using their advantage that is inappropriate but I think that is what
created the problem. I feel like the City Council is going to have to make some decisions
about this. This is some of the things that Mr. Bourdon mentioned. I think that some
discussions have got to be held and some decisions have got to be made about what we
are going to do this area and its development and our approach to people, who own
property in that area right now today. So generally speaking, that is the kind of discussion
that I think will at least start. Where it goes, I don't know. But I think that is the start of
the discussion.
Barry Knight: Thank you. Are there any other questions? Discussion? Mr. Ripley.
Item #19
Danny K. Martin
Page 4
=
Ronald Ripley: Yeah. I think the applicant has been very patient and I think back to an
application that we had on the hotel, which is just to east of this property and it's at the
comer of Northampton and Burton Station. We had the same kind of dilemma. This
goes back quite a few years. The hotel application wanted to move forward but we had
this potential joint plan with the City of Norfolk and the City of Virginia Beach. That
happened to some extent but it just didn't seem to die. Of course, a couple of months ago
we addressed this again, and we were told there was going to be some discussion at the
City Council level and that didn't take place. I understand that things get put off. We
certainly had some urgency with BRAe. No disrespect intended by that statement. But,
in all due respect to the applicant, I think the applicant has rights to. I felt all along too
that if you don't have any money and if you have a plan in place, which would be very
helpful we could develop around a plan but we don't have a plan in place. This seems to
fit within and I don't disagree with the applicant's attorney said, its consistent with, in my
mind, the Comprehensive Plan of what could go into this area. And it would not be
consistent, I don't think for someone to develop this residentially at this time. I think that
would be inconsistent with the future of the Burton Station area. I think this would fit in.
I think maybe the plan would have to work around this to some extent. But I don't think
that it is that hard to work around. It's facing up on the road. It's not like it's in the path
of something new. There might be some new right-of-way that's been planned but it
would probably remove the hotel if it were to extend through this property other than the
way it is laid out. I just can't see why we should not act on this. I'm going to vote in
favor of the application. I think we ought to move it off the Planning Commission, move
it to City Council, and if City Council, Lord knows what happens when it gets there, but
that will be at their desk. For us, to keep here bouncing at Planning with no direction,
and I don't mean that derogatory but there is no real direction that we could get our hands
around, given the consistency of what I think is proposed for the area, I think that it is
appropriate to approve it.
Barry Knight: Thank you. Mr. Crabtree.
Eugene Crabtree: I tend to agree with Mr. Ripley. Just what I don't think we have been
given any real concrete reasons why we should not proceed with this application and go
forward. What is proposed and what is out there, in the future, I may live long enough to
see it. Who knows? But this is here and now. I think the applicant has been put off long
enough that he needs to have answer.
Barry Knight: Thank you. Mr. Henley
Al Henley: I agree with Mr. Ripley and Mr. Crabtree. I think this applicant's family has
owned this for 43 years and now he has an application that I feel that is a proper use. He
has a business that he will utilize this facility for. I think if the City had a concrete plan,
and if this application was in conflict with that, then I think we would have a lot of
concerns but right now it is not. I think it is in compliance with the Comprehensive Plan.
I would be favor of this application.
Item #19
Danny K. Martin
Page 5
Barry Knight: Is there any other discussion? Mr. Livas.
Henry Livas: Yes. I would support this also. I think it is compatible with the overall plan
in that area. I think it is time to move it along.
Barry Knight: Thank you. Mr. Bernas.
Jay Bernas: Although I agree with the other Commissioners as probably compatible, I
think give the same rationale that we deferred this item in February that it was going to be
heard by City Council, which was suppose to be February 28, 2006, and we know,
hopefully, it will be heard in May. Given that same rationale that hopefully with the plan
that they are presenting to City Council will give us some direction on how this whole
entire area will develop and whether or not what is going on with Norfolk International
Airport Authority, I think given that same rationale why we deferred it initially, I would
recommend deferring it until City Council hears it in May.
Barry Knight: Okay. Thank you. Is there any other discussion? Mr. Strange.
Joseph Strange: Well, I agree with so far with Jay except I think that the applicant has
been patient enough. I think when does your patience run out? To me, I think the time is
= now. I think this person is very financial. I'll be voting to support the application even
though I wish we had better information to make a decision.
Barry Knight: Thank you Mr. Strange. Is there any more discussion? Let's entertain a
motion. Ms. Katsias.
Kathy Katsias: I'd move that we accept the proposal.
Barry Knight: We have a motion made. Do I have a second?
Al Henley: 1'11 second it.
Barry Knight: Mr. Henley. We have a motion on the floor made by Kathy Katsias and a
second by Al Henley to approve Danny Martin, agenda Item #19. Is there any other
discussion? Call for the question.
AYE 7 NAYl ABSO ABSENT 3
ANDERSON ABSENT
BERNAS NAY
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
Item #19
Danny K. Martin
Page 6
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 7 -1, the Board has approved the application of Danny K.
Martin.
Eddie Bourdon: Can I briefly thank you all very much. I wanted to apologize to Mr.
Scott. I did use the term "pie in the sky" and that was really directed at what was said
about moving Burton Station Road at the briefing a couple of months ago. I don't think
there are any plans of "pie in the sky."
Barry Knight: Thank you Mr. Bourdon. Is there any other business to be brought before
the Commission today? If not, we will call the meeting adjourned.
=
Item #16
Danny K. Martin
Change of Zoning District Classification
5840 Burton Station Road
District 4
Bayside
1 February 8,20061
REGULAR
Barry Knight: Mr. Secretary, will you call the first item to be heard and ask for his
representative?
Joseph Strange: The first item to be heard is Item #16 Danny K. Martin. An Ordinance
upon Application of Danny K. Martin for a Change of Zoning District Classification from
R-5D Residential Duplex District to Conditional I-I Light Industrial District on property
located at 5840 Burton Station Road, District 4, Bayside with two proffers.
Barry Knight: We1come.
Eddie Bourdon: Mr. Chairman, for the record, my name is Eddie Bourdon, a Virginia
Beach attorney and I represent Mr. Martin, who is in the audience this afternoon. The
two folks that have just come forward, I'm going to let them speak for a moment. You
heard me last month and I'll talk a little bit more about what you already were briefed this
morning. This is Mr. Travis Baker. Mr. Baker and his family own this property and have
owned this property for approximately 40 years. Ms. Willoughby is a licensed
commercial real estate agent and she has had this property and others listed. She has
some testimony that she would like to put on the record. After that, I'll talk to the
application again.
Barry Knight: Thank you. Welcome sir. State your name.
Travis Baker: Hello. Travis Baker.
Barry Knight: Sir.
Travis Baker: This morning, in the informal meeting, I think it was and I listened to the
Project Development Management give his presentation. While some of what he said
was inaccurate, some of it was true. The City did start acquiring the properties out there
in 1992. Three years ago, they did send an appraiser out to us. What they did was they
had two appraisers. We had to pick an appraiser from the list. They told us we could
have one of our own and they would send one. Well, the one that we would have was the
one they had selected. We had a list of appraisers that they gave us that we had to choose
from. The appraiser came out and told us that the City was going to allow us to move
into another house of the same size house that we already had. That was their plan to
acquire our homes. He told us that if we were living in a two-bedroom one-bath house,
Item #16
Danny K. Martin
Page 2
that is what we would be allowed to move into, irregardless of the number of acres we
were sitting on now. None of us thought it was fair. That is not how business is done.
So they went ahead and did an appraisal and we all fell that the price was too low. Now, I
have a ratified contract on the house now. The selling price is twice the amount that
Virginia Beach was willing to pay me for the property. Every one out there wants to sell
their property.- Everyone. We're not trying to hold the city up. The Developmental
Manager asks for February 28,2006, and he was speaking in theory that Virginia Beach
might come up with the money to acquire those properties out there. This has been going
for 15 - 20 years now. I have a ratified contract today and I can close on the property if
you guys go ahead and let us rezone it. It is going to be rezoned anyway just like the
developmental manager said. So,that is about it. I have a lot to say but I can't think of
all of it right now. But that is the gist of it.
Barry Knight: Thank you Mr. Baker.
Travis Baker: Thank you.
Barry Knight: Welcome ma'am. State your name please.
Phyllis Willoughby: Good afternoon. I'm Phyllis Willoughby. I'm an Associate Broker
with William E. Wood and Associates. I was originally introduced to the group Burton
Station in 1992. I spoke before the Council members years ago. I was brought in again
in 2004, and met the homeowners. And yes, they are interested in selling their property.
I listed, which I have a list or properties. I don't know if you want to see those.
Barry Knight: You can hand them to Mr. Livas.
Phyllis Willoughby: So those were all the properties that I have listed. As you can see
where the dots are, are where the properties are located. And, I market the properties
internationally. I even went to the City and brought them the same information that I had
all these properties listed. These homeowners are interested in selling their homes. I
gave them all the information and they came back and told me that they weren't interested
in purchasing. I mean this is what they just told me in 2005 when I went to the office.
And, I spoke to Mr. Lawson personally and he said that they have not been able to get
together on the future plans. It could be 20 years, 30 years from now, and that I was
really just shooting in the dark. But I had confidence in these homeowners and I felt they
had been oppressed for so many years, and I felt that I would give my best energy into
marketing. Like I said, I market internationally and so I was able to sell a few. The
problem is that it doesn't have city water and sewage there. It's an ideal location. The
city has been, you know, one minute they said they do. I got them all listed. They had
the opportunity because the people have signed even all the heirs so there were not title
issues at that point. And they were willing to sell their properties but they were not
willing to purchase them. And now that we have someone interested in paying the price
to the buyer now we're going back and forth again and he's being stopped from selling
his property. Do you have any questions for me?
Item #16
Danny K. Martin
Page 3
Barry Knight: Ron.
Ronald Ripley: Did you have all these listings at one time?
Phyllis Willoughby: Yes, I did sir.
Ronald Ripley: And you went to the City and suggested they be interested in purchasing
them and they said they were not?
Phyllis Willoughby: Yes.
Ronald Ripley: Thank you.
Phyllis Willoughby: I personally went there myself.
Barry Knight: Are there any other questions? Thank you ma'am.
Eddie Bourdon: Mr. Chairman, I lived here all my life and I'm very familiar with this
area. I'm not familiar with it as some other people but those residential developments or
related businesses, I think recognize that this is very valuable corridor in the
Comprehensive Plan as I mentioned last month has recognized it for quite a number of
years. I do not know of any area where people have been basically subjected to what this
area has been subjected to now, as Mr. Hudome mentioned this morning twenty years.
Mr. Baker mentioned to me that as Mr. Hudome mentioned this morning it has been a
career for people. They have been working on this area for 20 years. It's more than a
career for his family. They've owned the property for 40 years. They got no water. They
got no city water, no city services, and no city sewer. The reason they don't, and I would
submit, is because the city and the development authority wants to acquire these
properties and to put infrastructure in would make them more valuable, and cost the
taxpayer more money. One hand I could appreciate that but on the other hand it's long
past time for these people to be able to do something with their property. As was stated
this morning, they don't want it zoned residential even though it is zoned residential. We
have submitted a plan, fair market value purchaser coming to the plate to develop the
property, and it's a plan that is consistent with other plans for development that exists in
that area, including one that you all recommended for approval at Diamond Springs and
Northampton Boulevard just last month and it's a difficult situation for a lot of people.
It's past time that something be done about it. I wanted you to hear their testimony. This
isn't an appraisal situation. This is a fair market value contract that Mr. Martin has. Mr.
Martin is a Virginia Beach businessman, developer. He is ready to go in and do what he
has proposed. We didn't know anything about the comments we heard from Mr. Smith
this morning. We are absolutely certain we can deal with those issues with regard to fire
suppression sprinkler systems. There is a way to do that. There is more than one way to
do that. The last thing I would say on the subject is these plans are super secret that no
one has seen. I heard Mr. Hudome say that Burton Station Road is going to be moved.
This body and City Council rezoned two pieces of property on Burton Station Road. One
Item #16
Danny K. Martin
Page 4
already has a hotel on it and the one there's a planned hotel for it. We got a commercial
structure going in on the comer at Burton Station and Northampton. All of this has been
done in the last couple of years. None of us knew it was going to be moved. It wasn't
going to be there any more. So, my beef is not with the Planning Department in any way,
shape, manner, or form. I'm not here to really have a beef with anybody. I just think its
past time that these property owners be dealt with appropriately. Let them, if they got an
appropriate development that's industrial let them do it. Otherwise, it's long past time
the City brought the property at fair market value.
Barry Knight: Thank you. Are there any questions for Mr. Bourdon?
Eddie Bourdon: Thanks.
Barry Knight: Let's open it up for discussion. Ron.
Ronald Ripley: I support the application. I think the application is the appropriate type
use for the area. The hotel, which was just mentioned, was brought forward because of
the frustration of this Master Plan, and the possibilities of it working out in the long term
stigma. It's really going to put on the whole area until you actually move forward with a
Master Plan. With that said, I also support a Master Plan for the area. I think it's a
fantastic area that's within the Comprehensive Plan that suggests that it could be an
excellent commerce park for both cities if they actually can get together. I just doubt if
they're going to do that in the foreseeable future. If they did, it would be great. I think
what we heard this morning is that the Council is going to be briefed on the 28th, and I
hate, we've done a lot of deferring lately, I hate to do that because I think we need to
move items through, and I think we need to move them on but sometimes it's important
to just to get all the facts. The same thing we did this morning with the Shore Drive
piece. We don't have all the facts. I'm not sure we have all the facts here either. What
the intent of the city is as far as actually moving forward with a Master Plan.
Realistically approaching funding or how it can acquire property so I've got mixed
emotions. I like to see this application go forward. I do support it. The point of actually
getting into if this would actually go to a vote today, I would vote for it. But I would like
to recommend that we defer this again to allow the City Council to receive the report and
react. Perhaps they can discuss acquisitions or whatever with the property owner. I don't
know. I don't want to get in the middle of that. I'm really more about land use but I think
we need to take it to that step, and then hear it, and vote on it next month.
Barry Knight: I think we have a motion to defer by Mr. Ripley.
Dorothy Wood: Second.
Barry Knight: A second by Dot Wood. I'll open it up back for discussion. I'd like to say
that it has been a very, very long time that Burton Station is an area that I understand that
the City wants to upgrade and has wanted to upgrade for many, many years. I personally
know there are some problems with acquiring some of the properties at Burton Station
Item #16
Danny K. Martin
Page 5
but I think the City should have moved a little faster on moving forward on it, and I
certainly hope that the City Council will read our verbatim and see there are some
property owners, Mr. Baker in particularly, think maybe is being held hostage by a plan or
lack of a plan, and hopefully they will take that into consideration on their deliberations
on February 28th. I know there are people out there that need to do something with their
property. Go ahead Jan.
Janice Anderson: Thank you. I just want to make one comment. It is my understanding
that even if this plan gets approved and goes forward on it, that would still be a voluntary
acquisition by the City. So, if the City goes back to these owners and says this is what
we'll pay you under this plan that is not acceptable then they still can develop their
property by right and it would be changed to zoning. So, I am a little bit more
sympathetic that this has been since 1992 since the plan started. And even though I think
it has a little more momentum now, I don't have any good feeling that it would be closed
in the near future. So, those are my comments. I don't believe the gentleman should be
held up any longer.
Barry Knight: Are there any other comments? AI.
Al Henley: I have a question of Mr. Bourdon.
Eddie Bourdon: Yes. Mr. Henley.
Al Henley: Mr. Bourdon, this morning you were in the briefing, and it was indicated by
the Fire Department, Mr. Smith that there was some legitimate concerns regarding fire
suppression. There weren't any fire hydrants and water lines in that area. And, there was
some other issues concerning their turn around movement and so forth, and you had
indicated in your statement just a few moments ago that you were willing to get with your
client and you thought they were able to resolve those? Can you elaborate on that?
Eddie Bourdon: That was the first we heard of any of those questions and issues. I'm
very happy and comfortable with Chief Smith, and talked about those issues. As far
putting sprinkler systems in the building, we can put in a holding tank on site, generator
and a commercial grade system using our own generator, electrical power on site or
putting a water line there. We know where it is coming. That's the proper way of doing
it. In terms of the layout and turn around, again, didn't know anything about that being an
issue or a problem. There are a number of facilities and some, which were approved last
month with a similar type of design. If we need to tweak that to make the turn around, we
can do that. I understood them to say that as long as you had a sprinkle, the turn around
situation was less a problem. We can sprinkle the building. We're more than happy to sit
down and work through those issues. We're confident we can do that. But the first we
heard of the issue was this morning. I don't expect to deal with it here before you all. I
expect it to be done before it comes to you all. That wasn't something that was brought
to our attention until this morning.
Item #16
Danny K. Martin
Page 6
Al Henley: Thank you Mr. Bourdon.
Eddie Bourdon: Thank you.
Barry Knight: Joe.
Joseph Strange: I agree with Ron. I think even though this has been dragging on for
years, I think at this point people are moving on these issues over there and we just saw a
plan this morning. I'm thinking on what it would do to the value of the land if the plan
goes through implemented. I mean, I think there are just a lot of questions at this point
that a 30-day deferral would help solve. I'll be in support of a deferral.
Barry Knight: Is there any more discussion? There is a motion to defer. The first was
made by Ron Ripley and seconded by Dot Wood. I'll call for the question.
ANDERSON
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 1
ABSO
ABSENT 0
NAY
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-1, the application of Danny K. Martin has been deferred.
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Item #16
Danny K. Martin
Page 7
Item # 1
Danny K. Martin
Change of Zoning District Classification
5840 Burton Station Road
District 4
Bayside
I January 11, 2006
REGULAR
Barry Knight: We'll now proceed to our regular order and we'll go to agenda Item #1
Danny K. Martin. Mr. Strange.
Joseph Strange: An Ordinance upon Application for a Change in Zoning District
Classification from R-5D Residential Duplex District to Conditional I-I Light Industrial
District on property located at 5840 Burton Station Road, District 4, Bayside.
Eddie Bourdon: Mr. Chairman, for the record, my name is Eddie Bourdon. I'm
representing Mr. Martin, and the owners of this piece of property have owned this piece
of property and this location for many decades and generations. I'm passing out and Ms.
Lasley is kind of enough to pass out to you all just excerpts from first of all the 1991
Virginia Beach Comprehensive Land Use Plan adopted March 5, 1991 and the November
4, 1997 Virginia Beach Comprehensive Land Use Plan adopted November 4, 1997. I've
highlighted references in both of these plans to Burton Station. First of all, read the 1991
comment in the Comprehensive Land Use Plan. It states that '"the Burton Station area
between Airport Industrial Park, Norfolk International Airport, the City Line and
Northampton Boulevard can appropriately be developed under conditional zoning as a
low rise medium intensity office park and light industrial area. The 1997 Comprehensive
Plan states, "the attractiveness ofthe Northampton Boulevard, Diamond Springs Road
area as a light to heavy commercial and industrial center contributes to the City's overall
economic health and vitality. It enjoys a unique combination of air, rail, and interstate
highway access. It is the policy of the City to support employment based land uses in the
Northampton Boulevard area including industrial, commercial and office activity." This
property is over an acre in size. And as I said, the owners have owned it for generations.
There is no water. There is no sewer. There are no plans to provide water and sewer.
We certainly recognize that for close to 20 years, the City has been trying to acquire land
in this area for a comprehensive development for industrial and commercial uses. We
have a proposal here on this piece of property that is consistent with the one you just
approved on the consent agenda at the comer of Northampton Boulevard and Diamond
Springs Road. And it is consistent with other development in the Airport Industrial Park
area. We do understand that staff has indicated there is opposition to this and your desire
to defer it. I want everybody to understand that the people who own this piece of property
have been waiting and they've been waiting and they've been waiting. We have someone
here who has come to the table offering them good money and wishes to develop the
property in accordance with what our Comprehensive Plan have been indicating as what
we want to see. Now, again going on 20 years. It is really unfortunate that people who
are stuck in that position where they can't develop their property residentially because it
is not what people want to see. I guess they're waiting for some government buyer to
come along and by all the property. I don't see that is going to happen anytime soon. I
think it is time for the private sector and I know the private sector is going to do it and in
. this case when we see little bit of it and as you head a little bit south on Burton Station
Road towards Northampton Boulevard where we finally seeing some development that
. has been approved. We think that it is a very good application. We think it is consistent
with the Comprehensive Plan. We have not been advised of any changes suggested that
are to be made to the plan to make it better. We've been told basically that the City or the
Development Authority wants to assemble a whole piece of property, all of it around it,
then do something different pursuant to a plan that you all haven't seen and I haven't
seen. So, we believe it is a good application. The owners ofthe property, who Mr.
Martin has purchased it with, are not comfortable with this being shoveled aside. But you
all understand and want to see some things and appreciate some ofthe comments that I've
heard from you all in the informal. I can't agree to a deferral but if you were to defer it
that is your prerogative at this point. But I certainly hope that this process will move
forward more swiftly then it has in the last two decades.
Barry Knight: Thank you Mr. Bourdon. Does anybody have any questions for Mr.
Bourdon? Mr. Ripley.
Ronald Ripley: I don't know if this is Mr. Bourdon for Mr. Scott. The right-of-way that
has been dedicated in here, what is the Master Transportation Plan call for this road? Do
you know right offhand?
Robert Scott: I would have to look at the write up.
Ronald Ripley: It says it has got a 10-foot right-of-way dedication. I guess that is
sufficient.
Robert Scott: Mr. Ripley, I don't know. I'm going to have to research it.
Ronald Ripley: Okay. Thanks.
Barry Knight: Any other comments or discussion? Ms. Wood.
Dorothy Wood: I would like to make a motion that we defer this until February so that
we have a chance to have the Economic Development Director with us. Also, I believe
that City Council is seeing a package in February that will relate to this property.
Barry Knight: A motion to defer by Dot Wood. Do I have a second?
Eugene Crabtree: I'll second it.
Barry Knight: Mr. Crabtree seconds. It is open for discussion. Mr. Ripley?
Ronald Ripley: What is the date again that the Council will be briefed? Do you know?
Robert Scott: In the next week or two I believe.
Ronald Ripley: We will have an opportunity to see the study prior to the next Planning
Commission Public Hearing?
Robert Scott: I will see to it that you are properly briefed prior to the next time this
application is brought before you.
Barry Knight: Is there any other discussion? We have a motion on the floor to defer Item
# 1 Danny K. Martin. The motion was made by Dot Wood and seconded by Gene
Crabtree. Let's call for the question.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has deferred the application of Danny K.
Martin.
Barry Knight: Thank you.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6324
DATE: April 27, 2006
FROM:
Leslie L. Lilley
B. Kay Wilson~~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Danny K. Martin and Travis Lee Baker
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated
September 29,2005, 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.
BKW ferns
Enclosure
cc: Kathleen Hassen
DANNY K. MARTIN
TRAVIS LEE BAKER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 29th day of September, 2005, by and
between DANNY K. MARTIN, party of the fIrst part, Grantor; TRAVIS LEE BAKER,
party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
WHEREAS, the party of he second part is the owner of a parcel of property
located in the Bayside District of the City of Virginia Beach, containing
approximately 1. 00 acr~ of land which is more particularly described in Exhibit
"A" attached hereto and incorporated herein by this reference. Said parcel is
herein referred to as the "Property"; and
WHEREAS, th~ party of the fIrst part as contract purchaser of the Property
has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-5D Residential District to Conditional I-I
Light Industrial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
GPIN: 1458-89-4322
PREPARED BY:
II SYK:IS. ROURDON.
. AII[RN & llVY, P.C
1
PREPARED BY:
WHEREAS, the Grantors aclmowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantors'
rezoning application gives rise; and
WHEREAS, Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the 1-1
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property
to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and
the need for which is generated by the rezoning.
NOW, THEREFORE, Grantors, for themselves, their successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govem the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, in order to achieve a coordinated
design and development on the site in terms of vehicular access, parking and
building orientation, the conceptual site plan entitled "PRELIMINARY SITE PLAN
OF PART OF BLOCK 17, ON THE PLAN OF CORNICK FARM FOR DANNY
MARTIN, Virginia Beach, Virginia" dated September 13, 2005, prepared by John
E. Sirine & Associates, Ltd., which has been exhibited to the Virginia Beach City
I" Sms. ROURDON.
AHrnN & LM. P.C
2
PREPARED BY,
Council and is on file with the Virginia Beach Department of Planning ("Concept
Plan"), shall be substantially adhered to.
2. When the Property is developed, the building referenced on the
Concept Plan shall have the architectural appearance, design features and
exterior building materials depicted on the eight (8) photographs identified as
"Cornick Farm Office Warehouse for Danny Martin", dated September 13, 2005,
which have been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning ("Elevations").
3. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
. sms. ROURDON.
DAIIrnN & 1M. P.L
3
PREPARED BY:
~ STIrs. ROURDON.
ill AHfRN & lM. P.C
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
pu blic inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of Grantors and
the Grantee.
4
PREPARED BY:
lIB SYl'fS. ROURDON.
mu AIIfRN & 1M. P.c.
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Grantor:
The foregoing instrument was acknowledged before me this 3rd day of
October, 2005, by Danny K. Martin, Grantor.
/{--x.~ I!J/yn~~
Notary Public
My Commission Expires: August 31, 2006
5
PREPARED BY:
~ sms. ROURDON.
_ AlIrnN & LM. P.c.
WITNESS the following signature and seal:
.
~~
Travis Lee Baker
STATE OF VIRGIN~
...c+PftCOUNTY OF a.,.Ik#, to-wit:
JI.t1-
I). J.,. The foregoing instrument was ac owledged before me this d- day of
tJt'll()Cr ,2005, by Travis Lee Bake, Grantor.
My Commission Expires:
#~r(
6
PREPARED BY:
~m SYIU:S. ROURDON,
m AHrnN & LM. P.C
EXHIBIT" A"
ALL THAT certain lot or parcel of land, situate in the City of Virginia Beach
(formerly Kempsville District, in the County of Princess Anne) State of Virginia,
being !mown, numbered and designated as Part of Block 17, on Plan of Cornick
Farm, Which plan is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach (formerly Princess Anne County), Virginia, in Deed book 66, at Page
156, said property being more particularly described as follows:
BEGINNING at a point on the northeastern side of Burton Road at the southern
comer of tract conveyed by J. L. Roberts, et ux, to Menser C. Brown, by Deed dated
June 11, 1951, and recorded in the said Clerk's Office in Deed Book 288, at Page
105, which said point of beginning is 183 feet (as measured along the northeastern
side of Burton Road) North of the northern side of Farm Road #4 (as said Farm
Road #4 is shown on the Plan of Cornick Farm aforesaid); thence North 270 49'
East along the southeastern side of property conveyed to Menser C. Brown as
aforesaid 362.3 feet to a pin; thence South 550 48' East 121 feet to a pin; thence
South 270 49' West 362.3 feet to a pin in the northeastern side of Burton Road;
thence North 550 48' West along the northeastern side of Burton Road 121 feet to
the point of beginning.
GPIN: 1458-89-4322
ConditionalRezone j Martinj Proffer
7
A-12
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 1345 Oceana, L.L.C. - Change of Zoning District Classification, 1345 and
1335 Oceana Boulevard (DISTRICT 6 - BEACH)
MEETING DATE: May 9, 2006
. Background:
An Ordinance upon Application of 1345 Oceana, L.L.C. for a Chanoe of Zonino
District Classification from AG-2 Agricultural District to Conditional B-2
Community Business District on property located at 1345 and 1335 Oceana
Boulevard (GPINs 2415486663; 2415488740; 2415486774). DISTRICT 6-
BEACH
. Considerations:
The applicant proposes to rezone the existing AG-2 Agricultural properties to
Conditional B-2 Community Business District and to develop the site with office-
warehouse and commercial uses. The submitted site development plan depicts a
12,800 square foot retail building, an 8,000 square foot office-warehouse
(storage) building, related parking, and landscaping. The submitted elevations
depict one-story buildings of brick and exterior insulation finish system (EIFS)
with metal standing seam roofs. Glass and metal canopies cover painted
aluminum storefronts.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area as outlined in the Comprehensive Plan. As stated
in Chapter 3 of the Comprehensive Plan, "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." Such uses are particularly appropriate, as the site
is located within the Greater Than 75dB Ldn AICUZ surrounding NAS Oceana.
The United States Navy has reviewed the request and finds it to be generally
compatible, subject to noise level reduction construction. The Uniform Statewide
Building Code requires such sound attenuation construction methods within this
AICUZ noise zone.
The proposed development exhibits an attractive, quality design compatible with
existing residential uses. The site design reduces any potential impacts to the
surrounding area due to light pollution, signage, and safety hazards, and thus
ensures adequate protection of the adjoining neighborhood. Adequate
1345 Oceana, L.L.C.
Page 2 of 2
landscaping is provided to enhance the site layout and act as a buffer to
residential uses.
The Planning Commission placed this item on the consent agenda because they
felt that it is an attractive, quality design and is in conformance with the
recommendations of the Comprehensive Plan.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
this 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 ~
City Manager: ~ \L. ~ 0Il"L
REQUEST:
1345 OCEANA, L.L.C.
Agenda Item # 1
April 12, 2006 Public Hearing
Staff Planner: Faith Christie
Chanae of Zonina District Classification from
AG-2 Agricultural District to Conditional
B-2 Community Business District.
ADDRESS I DESCRIPTION: Property located at 1345 and 1335 Oceana Boulevard
GPIN:
24154866630000
24154887400000
24154867740000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
94,446 square feet
The applicant proposes to rezone the existing AG-2
Agricultural properties to Conditional B-2 Community Business
District and develop the site with office / storage and commercial uses. The submitted site development
plan depicts a 12,800 square foot retail building, an 8,000 square foot office / warehouse (storage)
building, related parking and landscaping. The submitted elevations depict one-story buildings of brick
and exterior insulation finish system (EIFS) with metal standing seam roofs. Glass and metal canopies
cover painted aluminum storefronts.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site.
SURROUNDING LAND
USE AND ZONING:
North:
. Undeveloped site and Beacon's Reach subdivision of single-
family dwellings / B-2 Business and R-5D Residential
. Mini-storage facility / B-2 Business
. Ocean a Boulevard
. Across Oceana Boulevard is the USN Commissary / A-12
Apartment
South:
East:
-,..~
1345 OCEANA,LLC
Agenda Item # 1
Pagel
West: . Redwing subdivision of single-family dwellings and
undeveloped land / R-50 Residential and A-12 Apartment
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural features associated with the
site.
AICUZ:
The site is in an AICUZ of more than 75 dB Ldn surrounding NAS
Oceana. The United States Navy finds the request generally compatible,
subject to noise level reduction construction.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Oceana
Boulevard is a four-lane divided minor urban arterial in front of the site. Oceana Boulevard currently has
an approximate width of 76-feet. The Master Transportation Plan depicts an ultimate right-of-way of
120-feet. There are no plans in the current Capital Improvement Program for Ocean a Boulevard.
Traffic Engineering during their review of the proposal requested a Traffic Impact Study (TIS). A study
was done, and its conclusions are that "it will be necessary to construct a right in / right out entrance on
Oceana Boulevard. A right turn lane with taper will be required for eastbound Oceana Boulevard. These
improvements will mitigate the traffic impacts of the project".
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Oceana 32,841 AOT 27,400 AOT 1 Existing Land Use ~ - 10
Boulevard AOT
Proposed Land Use 3 -
2,165 AOT
Average Dally Tnps
2 as defined by a single-family dwelling in the Agricultural district
3 as defined 12,800 s.f. retail and 8,000 s.f. warehouse
WATER: This site must connect to City water. There is a 12-inch City water main in Oceana Boulevard
fronting the site.
SEWER: This site must connect to City sanitary sewer. There is an 8-inch city gravity sewer main in Oceana
Boulevard fronting this site. Analysis of Pump Station 127 and the sanitary sewer collection system is required
to ensure future flows can be accommodated.
1345{OCEANA,~LC
Agenda ..lte~:~1
. .e~g~;2
~, v
The Comprehensive Plan designates this site to be within the
Primary Residential Area. Proposed development within the Primary Residential Area should focus
strongly on preserving and protecting the overall character, economic value and aesthetic quality of the
stable neighborhoods located in this area.
COMPREHENSIVE PLAN
Staff recommends approval of this
request with the submitted
proffers. The proffers are provided below.
EVALUATION AND RECOMMENDATION
The proposal is in conformance with the Comprehensive Plan's recommendations for this area as
outlined in the Comprehensive Plan. As stated in Chapter 3 of the Comprehensive Plan, "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 development exhibits an attractive, quality design compatible with existing residential uses.
The site design reduces potential impacts to the surrounding area due to light pollution, signage, and
safety concerns, and thus ensures adequate protection of the adjoining neighborhood. The design and
placement of the retail shops and office / warehouse are not intrusive to adjacent residential uses.
Adequate landscaping is provided to enhance the site layout and act as a buffer to residential uses.
The site is located within an AICUZ of more than 75 db Ldn surrounding NAS Oceana. The United States
Navy has reviewed the request and finds it to be generally compatible, subject to noise level reduction
construction. The Uniform Statewide Building Code requires such sound attenuation construction
methods within this AICUZ noise zone.
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,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown
on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA LLC", prepared by Martin & Martin Architecture,
Inc., dated November 1, 2005, which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning (hereinafter "Site Plan").
PROFFER 2: When the Property is developed, the exterior of the commercial center shown on the Site Plan
shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Oceana North
.,.... '. .;;;"">
,.
.".
1345/QCEANA, .LLC
Agenda Item. # 1
Pag~3
For Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin &
Martin Architecture, Inc., which have been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Oceana North Elevations").
PROFFER 3: When the Property is developed, only freestanding monument signage may be erected on the
Property, constructed with a base matching the material and predominant color of the buildings as depicted
on the Ocean a North Elevations. All building mounted signage shall be channel letters on a raceway (I.e. no
block signs) and only the lettering may be illuminated.
PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto
the premises and away from adjoining property.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
ST AFF COMMENTS: The proffers listed above are acceptable. The proffers ensure the site and building will
be developed in a coordinated manner with regards to site layout, building design, on-site traffic circulation
and landscaping.
The City Attorney's Office has reviewed the proffer agreement dated November 1 , 2005, and found it to be
legally sufficient and in acceptable legal form.
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. .
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.
134seCEANA,LLC
Agenda Item .#1
_.. Pag~4
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1345 QCEANA,1.LC
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1345 eCEANA, LLC
Agenda Itel11 , 1.
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A-12
(Ql'ldlriooaJ ZOl'Wng Charlge;-Imtn MJ,2 ro 8-2
1. 8/26/03 Rezoning (R5-D Residential to B-2 Business) and Approved
Conditional Use Permit (Mini-warehouse and self-storage)
4/14/92 Subdivision Variance and Rezoning (B-2 Business to R5- Approved
D Residential
2. 7/6/04 Rezoning (R5-D Residential to B-2 Business) and Approved
Conditional Use Permit Motor vehicle Sales
3 11/25/03 Conditional Use Permit Motor vehicle Sales A roved
ZONING HIS:J:QFI.Y:
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DISCLOSURE STA!~J\lIE:NJ::,<
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13450CEANA,LLC
Agenda Item;#1
.,' Pag~9
Item #1
1345 Oceana, L.L.C.
Change of Zoning District Classification
1345 and 1335 Oceana Boulevard
District 6
Beach
April 12,2006
CONSENT
Barry Knight: The next portion of our meeting is going to be the consent items. The first
item that we have for consent is Item #1, 1345 Oceana, L.L.c. An Ordinance upon
Application of 1345 Oceana, L.L.c. for a Change of Zoning District Classification from
AG-2 Agncultural District to Conditional B-2 Community Business District on property
located at 1345 and 1335 Oceana Boulevard, District 6, Beach. Welcome, Mr. Bourdon.
Eddie Bourdon: Thank you. Mr. Chairman, again, Eddie Bourdon, a Virginia Beach
attorney for the record. We appreciate being placed on the consent agenda and express
our appreciation to the Traffic Engineering Department and the Planning staff for their
diligence in working with us on this application.
= Barry Knight: Thank you. There are five proffers and you agree with those?
Eddie Bourdon: They are our proffers, and we agree to all of them. Thank you.
Barry Knight: Thank you. Is there anyone here who opposes placing this on the consent
agenda? If not, I've asked Commissioner Jay Bernas to explain why we have put this on
the consent agenda.
Jay Bernas: This application is a Change of Zoning District Classification from AG-2 to
B-2. The applicant proposes to construct a 12,800 square foot retail building and a 8,000
square foot office warehouse building. The applicant has worked with staff. We feel like
this is a good application. There were some traffic issues. In response to the traffic
issues the applicant purchased the adjacent property to install a right turn lane, so we feel
they have been very diligent in their effort. This proposal is in conformance with the
Comprehensive Plan recommendations for this area. It is an attractive quality design.
We feel that it should be on the consent agenda.
Barry Knight: Thank you, Jay. Do I hear a motion? Ms. Katsias, to approve by Kathy
Katsias.
Ronald Ripley: Second.
Barry Knight: A second by Ron Ripley. Any discussion. Call for the question.
Item # 1
1345 Oceana, L.L.e.
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE 8
NAY 0
ABSO
ABSENT 3
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 8-0, the Board has approved Item #1 for consent.
=
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6354
DATE: April 27, 2006
FROM:
Leslie L. Lilley
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; 1345 Ocean a L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 9, 2006. I have reviewed the subject proffer agreement, dated
November 1 , 2005, 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.
BKW fcms
Enclosure
cc: Kathleen Hassen
1345 OCEANA, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 1st day of November, 2005, by and between
1345 OCEANA, L.L.C., a Virginia limited liability company, Grantor; and THE CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of three (3) parcels of property located
In the Beach District of the City of Virginia Beach, containing a total of
approximately 94,446 square feet as described in Exhibit "A" which is attached
hereto and incorporated herein by this reference. The parcels are hereinafter
collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee, so as to change the Zoning Classification of the Property from AG-1
Agricultural District to Conditional B-2 Commercial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
PREPARED BY:
GPIN: 2415-48-6663
2415-48-8740
2415-48-6774
I- Syn:s. ROURDON.
, AIImN & llVY. P.C
PREPARED BY,
;lm STIIS. ROURDON.
~1I AHERN &. UVY. P.c.
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
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 or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govem the physical
development, operation, and use of the Property and hereby covenants and agrees
that this declaration shall constitute covenants running with the Property, which
shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, asslgns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed and landscaped
substantially as shown on the exhibit entitled "OCEANA NORTH BY 1345 OCEANA
LLC", prepared by Martin & Martin Architecture, Inc., dated Nov. 1, 2005, which
has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Site Plan").
2
2. When the Property is developed, the exterior of the commercial center
shown on the Site Plan shall be substantially similar in appearance to the
elevations shown on the exhibit entitled "Oceana North For Wright Dean
Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by
Martin & Martin Architecture, Inc., which have been exhibited to the Virginia
Beach City Council and are on fIle with the Virginia Beach Department of Planning
(hereinafter "Oceana North Elevations").
3. When the Property is developed, only freestanding monument style
signage may be erected on the Property, constructed with a base matching the
material and predominant color of the buildings as depicted on the Oceana North
Elevations. All building mounted signage shall be channel letters on a raceway
(i.e. no block signs) and only the lettering may be illuminated.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
5. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
PREPARED BY: however, may be repealed, amended, or varied by written instrument recorded in
IISTIIS. ROURDON. the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
AIIrnN & llVY. P,C
executed by the record owner of the Property at the time of recordation of such
3
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the goveming body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure Oto meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and
the Grantee.
PREPARED BY:
!IB SYKIS. ROURDON.
D AII[RN & LM. P.C
4
WITNESS the following signature and seal:
Grantor:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 1 st day of
November, 2005, by Craig Dean, Managing Member of 1345 Oceana, L.L.C., a
Virginia limited liability company, Grantor.
_.J,4~ .l:N fr7~6JM
Notary Public
My Commission Expires: August 31, 2006
PREPARED BY:
lIB sms. ROURDON.
II AHrnN & IIVY. P.C
5
PREPARED BY:
EXHIBIT" A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach
(formerly Seaboard Magisterial District, Princess Anne County), Virginia, and
shown and designated as "Arthur C. Smith" on plat of "Property of W. L. Miller and
Pearl Miller, Located near Dam Neck, Princess Anne County, Va.", which pat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach
(formerly Princess Anne County), Virginia, in Map Book 27, at Page 67, and being
more particularly bounded and described as follows:
BEGINNING at a point on the westem line of the Court House Road to Oceana
which point is located five hundred twenty-six (526) feet in a northerly direction
from the intersection of said Court House Road and Etheridge Road; thence
running South 72 degrees 40' west 445.5 feet to a point; thence running North 31
degrees 12' west 106 feet to a point; thence running North 72 degrees 40' east
445.5 feet to a point in the said westerly line of Court House Road; thence in a
southerly direction along said westerly line of Court House Road a distance of 106
feet to the point of beginning.
SAVE, LESS AND EXCEPT that portion of the said property which was conveyed to
the City of Virginia Beach, by instrument dated 6/24/99 and recorded 11/ 10/99
in Deed Book 4167, at Page 1818 and as shown on that certain plat of survey
recorded in Map Book 277, at Page 90.
G PIN: 2415-48-6774
PARCEL 2:
ALL THAT CERTAIN tract, piece, or parcel of land situated and being in the
Borough of Princess Anne, City of Virginia - Beach, Virginia, being bound and
described as follows:
BEGINNING at a pipe, which is the southwest comer of the property conveyed by
W. C. Miller and Pearl Miller, husband and wife, to Salvador Medina and Margaret
A. Medina, by deed dated the 6th day of April, 1973, and duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia; thence S
72 degrees 40' W 242.8 feet to a point; thence N 31 degrees 12' W 106 feet to a pin;
thence N 72 degrees 40' E 242.8 feet to a point; thence S 31 degrees 12' E 106.06
feet to the point of beginning.
GPIN: 2415-48-6663
. smS. ROURDON.
. AlIrnN & llVY. P.C
6
PREPARED BY:
II" SYlCt:s. ROURDON.
AHrnN & LM. P.c.
PARCEL 3:
All that certain tract, piece or parcel of land lying, situate and being in the
Borough of Princess Anne, City of Virginia Beach, (formerly Princess Anne County),
Virginia, and bounded and described as follows:
Beginning at a pin on the West side of Oceana Boulevard, which pin is 548 feet
more or less from Prosperity Road; thence South 72 degrees 40' West 202.7 feet to
a pipe; thence North 31 degrees 12' West 106.06 feet to a point; thence North 72
degrees 40' East along the central line of a ditch 202.70 feet, more or less, to a pin
in the Western line of said Oceana Boulevard; thence along the Western line of
said Oceana Boulevard South 31 degrees 12' East 106 feet to the point of
beginning.
Less and except that certain portion of property conveyed to the City of Virginia
Beach as recorded in Deed Book 4174, at Page 2265 and as shown in Map Book
274, at Page 91.
GPIN: 2415-48-8740
ConditionalRezone j 13450ceanajProffer
7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Prosperity Beach, L.L.C. - Change of Zoning District Classification and
Wawa, Inc. - Conditional Use Permit (gasoline sales in conjunction with a
convenience store), 1375 Oceana Boulevard ), DISTRICT 6 -- BEACH
MEETING DATE: May 9,2006
. Background:
a) An Ordinance upon Application of Prosperity Beach, L.L.C. for a Chanqe
of Zoninq District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District on property located at 1375
Oceana Boulevard and 1000-1024 Eaglewood Drive (GPINs 2415488215;
2415581209; 2415581232; 2415581120; 2415582073). DISTRICT 6-
BEACH
b) An Ordinance upon Application ofWawa, Inc. for a Conditional Use Permit
for gasoline sales in conjunction with a convenience store on property
located on the southwest corner of Eaglewood Drive and Oceana
Boulevard (GPINs 2415581120; 2415488215; 2415581209; 2415581232).
DISTRICT 6 - BEACH
. Considerations:
Prosperity Beach, LLC proposes to rezone four existing AG-2 Agricultural District
properties to Conditional B-2 Community Business District, and to develop the
site with a Wawa convenience store, gas pumps and two retail buildings. Wawa,
Inc. seeks a Conditional Use Permit to allow for the development of the fuel
pumps in conjunction with a convenience store. The submitted site development
plan depicts a 5,940 square foot Wawa convenience store, canopy structures
over the gasoline pumps, an 18,000 square foot retail building, a 19,000 square
foot retail building, related parking and landscaping. The Wawa convenience
store is oriented to the intersection of Oceana Boulevard and Eaglewood Drive,
with the retail buildings proposed along the southern and western portions of the
site. Access to the site is proposed via a 'right turn in only' entrance from Oceana
Boulevard and an ingress-egress entrance from Eaglewood Drive. The submitted
elevations depict one-story buildings of brick and exterior insulation finish system
(EIFS) with metal standing seam roofs, building on the design theme of the
standard Wawa store. Glass and metal canopies cover painted aluminum
storefronts. The Wawa store will operate 24 hours a day, 7 days a week, and
employ approximately 50 people.
Prosperity Beach, L.L.C. & Wawa, Inc.
Page 2 of 3
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The proposed retail and gasoline pumps are
compatible with the land use planning policies outlined in the Comprehensive
Plan. As stated in Chapter 3 of the Comprehensive Plan, "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." Such uses are particularly appropriate in
this area, as the site is located within an AICUZ of Greater Than 75 dB Ldn
surrounding NAS Oceana. The United States Navy has reviewed the request and
finds it to be generally compatible subject to noise level reduction construction.
The Uniform Statewide Building Code requires sound attenuation construction
methods within this AICUZ.
The proposed development exhibits an attractive, high quality design compatible
with existing residential uses. The site design lessens any potentially negative
impacts due to light pollution, signage, and safety hazards to ensure
neighborhood preservation. Traffic issues regarding turn lanes, access, and
traffic signalization will be further addressed and finalized during detailed site
plan review. Adequate landscaping is provided to enhance the site layout and act
as a buffer to residential uses.
The Planning Commission placed these items on the consent agenda because
they felt that they are compatible with the Comprehensive Plan and are an
attractive, high quality design.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
the requests, as proffered and with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
conceptual site layout and landscape plan of "Oceana Crossing, Oceana
Boulevard, Virginia Beach, VA", prepared by MSA, P.C., and dated 5/31/05.
Said plan has been exhibited to the City of Virginia Beach City Council and is
on file in the City of Virginia Beach Planning Department.
2. The applicant shall submit building and canopy elevations to the Current
Planning Division of the City of Virginia Beach Planning Department for
review and approval before formal site plan submittal.
3. Signage for the proposed use shall be limited to that which is allowed by the
City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on
each side of the canopy or one-quarter of the length of each side. Signage on
the canopy shall not be internally or externally illuminated. There shall be no
other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and / or doors, canopy, or light poles.
Prosperity Beach, L.L.C. & Wawa, Inc,
Page 3 of 3
4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during
detailed site plan review. Said plan shall include the location of all pole
mounted and building mounted lighting fixtures, and the listing of lamp type,
wattage, and type of fixture. Lighting shall overlap and be uniform throughout
the parking area. All lighting on the site shall be consistent with those
standards recommended by the Illumination Engineering Society of North
America.
5. Canopy lighting shall be recessed and not spill over onto adjacent properties
and rights of ways.
6. The dumpster areas shall be enclosed with a solid wall to match the building
and landscaping, in accordance with Section 245(e) of the City Zoning
Ordinance.
7. No outdoor vending machines and / or display of merchandise shall be
allowed.
8. Pedestrian walkway(s) to the convenience store shall be provided from any
required sidewalks in the public rights of way in accordance with Section
246(d) of the City Zoning Ordinance.
9. Bicycle racks shall be provided near the entrance of the store.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
CityManage~~\L .~~
~
PROSPERITY
BEACH, L.L.C. &
WAWA, INC.
Agenda Items
#2&3
April 12, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
PROSPERITY BEACH, LLC: Chanae of Zonina District Classification from AG-2 Agricultural District to
Conditional B-2 Community Business District.
WA WA, INC.: Conditional Use Permit for gasoline sales in conjunction with a convenience store.
ADDRESS I DESCRIPTION: Property located 1375 Oceana Boulevard and 1000-1024 Eaglewood Drive
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
5.9 acres
GPIN:
24154882150000
24155812090000
24155812320000
24155811200000
24155820730000
SUMMARY OF REQUEST
Prosperity Beach, LLC proposes to rezone the four existing
AG-2 Agricultural District properties to Conditional B-2
Community Business District, and to develop the site with a Wawa Convenience Store, gas pumps and
two retail buildings. Wawa, Inc. seeks a Conditional Use Permit to allow for the development of the fuel
pumps in conjunction with a convenience store. The submitted site development plan depicts a 5,940
square foot WaWa Convenience Store, canopy structures over the gasoline pumps, an 18,000 square
foot retail building, a 19,000 square foot retail building, related parking and landscaping. The WaWa
Convenience Store is oriented to the intersection of Oceana Boulevard and Eaglewood Drive, with the
retail buildings proposed along the southern and western portions of the site. Access to the site is
proposed via a 'right turn in only' entrance from Oceana Boulevard and an ingress I egress entrance from
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PROSPERITY BEACH, LLC&'WAW A,i'NC:
Agendai!tems#2 'f:;l~3
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Eaglewood Drive. The submitted elevations depict one-story buildings of brick and exterior insulation
finish system (EIFS) with metal standing seam roofs, building on the design theme of the standard Wawa
store. Glass and metal canopies cover painted aluminum storefronts. The Wawa store will operate 24
hours a day, 7 days a week, and employ approximately 50 people.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Several single-famiiy dwellings occupy the site.
SURROUNDING LAND
USE AND ZONING:
North:
· Oceana Boulevard and Mini-warehouse development / B-2
Business
· Across Oceana Boulevard is the United States Navy
Commissary / A-12 Apartment
· Single-family dwelling / AG-2 Agricultural
· Eaglewood Drive
· Across Eaglewood Drive is a small retail business / AG-2
Agricultural
· Single-family dwelling / R-5D Residential
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with the site.
AICUZ:
The site is in an AICUZ of more than 75 dB Ldn surrounding NAS
Oceana. The United States Navy finds the request generally compatible
provided appropriate noise level reduction standards are employed.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN CMTP) / CAPITAL IMPROVEMENT PROGRAM CCIP): Ocean a
Boulevard is a four-lane divided minor urban arterial in front of the site. Ocean a Boulevard currently has an
approximate width of 76 feet. The Master Transportation Plan depicts an ultimate right-of-way of 120 feet.
There are no plans in the current Capital Improvement Program for Oceana Boulevard. The present capacity
of Oceana Boulevard is 27,400 trips.
Traffic Engineering during their review of the proposal requested a Traffic Impact Study (TIS). The applicant
provided the requested study. The conclusions of the study are as follows:
D The year 2005 24-hour traffic on Oceana Boulevard was 32,800 vehicles per day (vpd). The
'no-build' scenario for year 2006 is expected to be 33,100 vpd. This number is anticipated to
increase to 34,600 vpd for the 'build' scenario with this project. These volumes will allow this
4-lane roadway to operate at a satisfactory Level of Service (LOS).
D It will be necessary to improve the intersection of Oceana Boulevard, Eaglewood Drive and
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PROSPERITY BEACH, LLC;;&'WAWA,!~C.
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the Naval Commissary. A left turn lane will be needed for the turn from northbound Eaglewood
Drive, a right turn lane will be needed for the turn from eastbound Oceana Boulevard to
Eaglewood Drive, and the traffic signal will be needed to be modified. Turn lanes will also be
needed for the two entrances to the Oceana Crossing (subject site). The City of Virginia
Beach Standard for Geometrics for Minimum Dimensioned Corner Sites will be used since
Ocean a Crossing is located near the signalized intersection.
SEWER: The site must connect to City sanitary sewer. There is an eight-inch City gravity sanitary sewer main
in Oceana Boulevard fronting the site. There is an eight-inch City force main in an easement transecting the
site. Analysis of Pump Station 127 and the sanitary sewer collection system is required to ensure future flows
can be accommodated.
SCHOOLS: The request does not affect school population.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this site to be within the Primary Residential Area. Proposed
development within the Primary Residential Area should focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area.
Staff recommends approval of this.
request with the submitted
proffers, submitted with the change of zoning request, and with conditions attached to the use permit.
EVALUATION AND RECOMMENDATION
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposed retail and gasoline pumps are compatible with the land use planning policies outlined in the
Comprehensive Plan. As stated in Chapter 3 of the Comprehensive Plan, "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 development exhibits an attractive, high quality design compatible with existing residential
uses. The site design lessens any negative impacts due to light pollution, signage, and safety concerns to
ensure neighborhood preservation. Traffic issues regarding turn lanes, access, and traffic signalization
will be further addressed and finalized during detailed site plan review. The design and placement of the
retail shops and Wawa Convenience Store with gas pumps is not intrusive to adjacent residential uses.
Adequate landscaping is provided to enhance the site layout and act as a buffer to residential uses.
The site is located within an AICUZ of more than 75 dB Ldn surrounding NAS Oceana. The United States
Navy has reviewed the request and finds it to be generally compatible subject to noise level reduction
construction. The Uniform Statewide Building Code requires sound attenuation construction methods
within this AICUZ noise zone.
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PROSPERITY BEACH, LLCar.WAWA,!~C.
Agenda~tems#2 ~....~.3
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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,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1: When the Property is developed, it shall be developed and landscaped substantially as shown
on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF OCEANA CROSSING",
prepared by MSA, P.C., dated 05/31/05, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
PROFFER 2: When the Property is developed, the exterior of the commercial center shown on the Site Plan
shall be substantially similar in appearance to the elevations shown on the exhibit entitled "Ocean a Crossing
for Wright Dean Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by Martin &
Martin Architecture, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Oceana Crossing Elevations").
PROFFER 3: When the Property is developed, only freestanding monument style signage may be erected
on the Property, constructed with a base matching the material and predominant color of the buildings as
depicted on the Oceana Crossing Elevations. All building mounted signage shall be channel letters on a
raceway (Le. no block signs) and only the lettering may be illuminated.
PROFFER 4: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto
the premises and away from adjoining property.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable. The proffers insure the site and building will
be developed in a coordinated manner with regards to site layout, building design, on-site traffic circulation
and landscaping.
The City Attorney's Office has reviewed the proffer agreement dated October 31 , 2005, and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted conceptual site layout and
landscape plan of "Oceana Crossing, Oceana Boulevard, Virginia Beach, VA", prepared by MSA, P.C.,
and dated 5/31/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on
file in the City of Virginia Beach Planning Department.
2. The applicant shall submit building and canopy elevations to the Current Planning Division of the City
PROSPERITY BEACH, LLC','WAW A,I~C.
Agenda Items # 2'~3
e,g~~
of Virginia Beach Planning Department for review and approval before formal site plan submittal.
3. Signage for the proposed use shall be limited to that which is allowed by the City Zoning Ordinance.
Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the
length of each side. Signage on the canopy shall not be internally or externally illuminated. There shall
be no other signs, neon signs or neon accents installed on any wall area of the building, on the
windows and / or doors, canopy, or light poles.
4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review.
Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the
listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parking area. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America.
5. Canopy lighting shall be recessed and not spill over onto adjacent properties and rights of ways.
6. The dumpster areas shall be enclosed with a solid wall to match the building and landscaping, in
accordance with Section 245(e) of the City Zoning Ordinance.
7. No outdoor vending machines and / or display of merchandise shall be allowed.
8. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the
public rights of way in accordance with Section 246(d) of the City Zoning Ordinance.
9. Bicycle racks shall be provided near the entrance of the store.
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.
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.
<,.....,
PROSPERITY BEACH, LLC;&'WAWA,";~:~C:'
Agenda~tems#2fi:J'!t3
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AERIAL OF SITE LPCA:Fn~bI>~\
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PROSPERITY BEACH, LLC+&:WAWA,ltJC.
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PROSPERITY BEACH, LLC&::WAWA,I~C.
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PROPOSED BUILDING E~E~A"ION:.<..
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PROSPERITY BEACH, LLCf&WAWA,INC.
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Conditional Zoning Change from AG-2 to B-2
CUP for Automobile Service Station
1. 8/26/03 Rezoning (R5-D Residential to B-2 Business) and Approved
Conditional Use Permit (Mini-warehouse and self-storage)
4/14/92 Subdivision Variance and Rezoning (B-2 Business to R5-D
Residential A roved
2. 7/6/04 Rezoning (R5-D Residential to B-2 Business) and Approved
Conditional Use Permit Motor Vehicle Sales
3. 11/25/03 Conditional Use Permit Motor Vehicle Sales Ap roved
ZONING HIS~P;RY
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PROSPERITY BEACH, LLC<&'VVAWA,.!~C.
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PROSPERITY BEACH, LLC&.WAW A, INC.
Agendalterns#23
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DISCLOSURE STATEMENT
PROSPERITY BEACH, LLC& WAWA,INC.
Agenda Items # 2 &# 3
Page 11
\VA \VA. INC.
Comorate Officers
.
President and Chief
Executi ve Officer
Richard D. \Vood. Jr.
Execurive Vice President -
Administration and Finance
Ed\vard H. Chambers
Executive Vice President -
SUDpiv Chain. [vlarketins:.
1."" . ....
and Human Resources
Hov'!ard B. Stoeckel
Senior Vice President - Ll\V and
Government Relations,
General Counsel and Secretary
Vincent P. Anderson
Senior Vice President - Real Estate
Assistant Secretary
] oseph C. Losak
Senior Vice President - Store
Operarjons
Henry J. \'fcHugh
Senior Vice President - Safety.
Quality. Assurance and Fimmce
There du Pom
Vice President - Human Resources
Karen l Casale
Vice President - Petroleum Supply
James K. BluebeHo
Assistant Secretary and Treasurer
Anne iI/lane tvIurray
Assistant Secretary
\'Iark N. Suprenant
Assistant Secretary
Roxanne Arena
DISCLOSURE STATEMENT
PROSPERITY BEACH, LLC & WAWA,INC.
Agenda Items # 2 & # 3
Page 12
Item #2 & 3
Prosperity Beach, L.L.c.
Change of Zoning District Classification
1375 Oceana Boulevard & 1000-1024 Eaglewood Drive
Wawa, Inc.
Conditional Use Permit
Southwest corner of Eaglewood Drive & Oceana Boulevard
District 6
Beach
April 12, 2006
CONSENT
Barry Knight: The second two items to be placed on the consent agenda are Items #2 and
Item #3. Item #2 is Prosperity Beach, L.L.c. An Ordinance upon Application of
Prosperity Beach, L.L.e. for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District on property located
at 1375 Oceana Boulevard and 1000-1024 Eaglewood Drive. Item #3 is Wawa, Inc. An
Ordinance upon Application ofWawa, Inc. for a Conditional Use Permit for gasoline
sales in conjunction with a convenience store on property located on the southwest corner
= of Eaglewood Drive and Oceana Boulevard, District 6, Beach, and it is with five proffers
and nine conditions.
Eddie Bourdon: Thank you, again. Mr. Knight, Eddie Bourdon for the record. Again,
we greatly appreciate all of the efforts of the Planning staff and the Traffic Engineering
folks working with our traffic engineer. Weare in agreement with all the conditions
recommended on the Use Permit for Wawa, and the proffers are our proffers with regard
to Item #2.
Barry Knight: Thank you. Is anyone present here today that objects to putting agenda
Item #2 and Item #3 on the consent agenda? Okay. Do I have a motion?
Jay Bernas: I need to speak on Items #2 & 3.
Barry Knight: Did I pass you sir? On agenda Items #2 & 3, I don't believe I got into the
verbatim. Mr. Bernas, will you please explain Items #2 & 3?
Jay Bernas: Thank you, Chairman Knight. This is a Change of Zoning District
Classification from AG-2 to Conditional B-2. The applicant plans to construct a Wawa
convenience store with gas pumps and two retail buildings. The retail buildings, one will
be 18,000 square feet, and the other will be 19,000 square feet. The location ofthis
property is kind of precarious. It's at the intersection of Eaglewood and Oceana. There is
a significant amount of traffic there. Based on the applicant working with our Traffic
Engineering Department, they have gone through some significant steps to try to alleviate
Item #2 & 3
Prosperity Beach, L.L.e.
Wawa, Inc.
Page 2
the traffic concerns. A lot of the detailed traffic impact will be flushed out during the site
plan review process. It is going to include a total revamping of the Oceana intersection,
some inclusions of the turn lanes. That was the main problem with the application. We
feel at this point that staff has worked with the applicant enough that they can alleviate
those concerns. We feel it is compatible with the land use planning policies outlined in
the Comprehensive Plan. It is an attractive, high quality design, and we feel that the Navy
finds it is generally compatible to what the Navy is looking for in this area. So, the
Planning Commission would like to put this on the consent agenda for approval.
Barry Knight: Thank you Mr. Bernas. Any discussion? Do I hear a motion? Ms.
Katsias to approve by Kathy Katsias.
Ronald Ripley: Second.
Barry Knight: A secoild by Ron Ripley. Any discussion. Call for the question.
=
AYE 8 NAY 0 ABSO ABSENT 3
ANDERSON ABSENT
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 8-0, the Board has approved Items #2 & 3 for consent.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6352
DATE: April 27, 2006
FROM:
Leslie L. Lilley
B. Kay Wilson~0
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Prosperity Beach, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 9, 2006. I have . reviewed the subject proffer agreement, dated
October 31,2005, 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.
BKW fcms
Enclosure
cc: Kathleen Hassen
PROSPERITY BEACH, L.L.C., a Virginia limited liability company
GENE E. DESTEFANO and JOSEPH C. DESTEFANO
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 31st day of October, 2005, by and between
PROSPERITY BEACH, L.L.C., a Virginia limited liability company, party of the first
part, Grantor; GENE E DESTEFANO and JOSEPH C. DESTEFANO, parties of the
second part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the first part is the owner of four (4) contiguous
parcels of property located in the Beach District of the City of Virginia Beach,
containing approximately 5.0 acres as more particularly described as Parcels 1, 2,
3 and 4, in Exhibit "A" attached hereto and incorporated herein by this reference.
These four (4) parcels along with Parcel 5 are hereinafter referred to as the
"Property"); and
WHEREAS, the party of the second part is the owner of a certain parcel of
. property located in the Beach District of the City of Virginia Beach, Virginia,
containing approximately 0.9 acres as more particularly described as Parcel 5 in
Exhibit "A" attached hereto, which parcel is hereinafter referenced with the other
parcels described in Exhibit "A" as the "Property"; and
WHEREAS, the party of the first part as the Owner of Parcels 1 through 4
and the contract purchaser of Parcel 5 has initiated a conditional amendment to
the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from AG-1
Agricultural District to Conditional B-2 Community Business District; and
PREPARED BY:
G PIN: 2415-48-8215
2415-58-1209
2415-58-1232
2415-58-1120
2415-58-2073
I SYKES. ROURDON.
AIIrnN & LM. P.c.
PREPARED BY:
318 SYKt:S. ROURDON.
.. AHt:RN & lIVY. P.C
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantors' rezoning application gives
rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map relative
and applicable to the Property, which has a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without
any requirement by or exaction from the Grantee or its goveming body and
without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govem the physical
development, operation, and use of the Property and hereby covenants and agrees
that this declaration shall constitute covenants running with the Property, which
shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed and landscaped
substantially as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT AND
LANDSCAPE PLAN OF OCEANA CROSSING", prepared by MSA, P.C., dated
2
05/31/05, which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. When the Property is developed, the exterior of the commercial center
shown on the Site Plan shall be substantially similar in appearance to the
elevations shown on the exhibit entitled "Oceana Crossing For Wright Dean
Development Corp., Oceana Boulevard, Virginia Beach, Virginia", prepared by
Martin & Martin Architecture, Inc., which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter "Oceana Crossing Elevations").
3. When the Property is developed, only freestanding monument style
signage may be erected on the Property, constructed with a base matching the
material and predominant color of the buildings as depicted on the Oceana
Crossing Elevations. All building mounted signage shall be channel letters on a
raceway (i.e. no block signs) and only the lettering may be illuminated.
4. All outdoor lighting shall be shielded, deflected, shaded and focused
to direct light down onto the premises and away from adjoining property.
5. Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by all cognizant City
agencies and departments to meet all applicable City code requirements.
All references hereinabove to B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
PREPARED BY: subsequent amendment is part of a comprehensive implementation of a new or
ISYK[S. ROURDON. substantially revised Zoning Ordinance until specifically repealed. The conditions,
AlIrnN & llVY. P.c.
however, may be repealed, amended, or varied by written instrument recorded in
3
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the ,Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the goveming body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
PREPARED BY: the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and
IB smS. ROURDON. the Grantee.
II Allum & 1m. P.C
4
WITNESS the following signature and seal:
Grantor:
By:
Craig' ean, Managing Member
(SEAL)
STATE OF VIRGINIA
CITY OF VII3.CINIi'~ BEACH, to-wit:
A',;r//~/.i::
The foregoing instrument was acknowledged before me this 31 st day of
October, 2005, by Craig Dean, Managing Member of Prosperity Beach, L.L.C., a
Virginia limited liability company, Grantor.
--y'--~~
;YJ~~~/--7
My Commission Expires: August 31, 2006
~4C/?
PREPARED BY:
I SYIa:S. ROURDON.
\ AHiRN & UW. P.L
5
WITNESS the following signature and seal:
Grantor:
(SEAL)
,._;,
/<?~~
.,.,..,~~/ " -'.~:.... ....- .>..-....-.-.-".
/4 ~</...
/ 'J osepfl C. DeStefano
(SEAL)
STATE OF VIRGINIA
CITY OF .'VI~;;:UACPI, to-wit: ,
if The fore~oing instrument was acknowledged before me this --112- day of
/U!L./tJnnfnA ,2005, by Gene E. DeStefano. ~/
~tUd~~
/ ot Public
My Commission Expires: 11l:?1.v1 c10 ,-~tH} (,;
STATE OF VIRGINIA
CITY OF ~~~EACH, to-wit:
j'/ The fo~~going instrument was acknowledged before me this g day of
I" ~'/. / , 2005, bYJosep7~d?7
My Commission Expires: //;1,'1. ~ ,-;( / 4 t)O/
/ f 1<<+'C7// v/. b_ ,p
/'
PREPARED BY:
II Sy:n:S. ROURDON.
AHrnN & 1M. P.C
6
EXHIBIT" A"
PARCEL 1:
ALL THAT certain lot, piece, or parcel of land, situate in Seaboard Borough, of the
City of Virginia Beach, Virginia, and shown on the plat entitled "Property of Cordie
E. Whitehead, located near Dam Neck", made by W.B. Gallop, County Surveyor,
July 25, 1956, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 42, at Page 15, and designated on said plat
as "Cordie E. Whitehead" and bounded and described as follows:
Beginning at a pipe in the Southwest intersection of Route 615 and a 20 foot
private lane and from said point running South 29 degrees 23 minutes East 145
feet to a pin, thence South 75 degrees 10 minutes West 502.1 feet, thence North
61 degrees 00 minutes West 160 feet to a point, thence North 72 degrees 15
minutes East 581.7 feet along said private lane to the point of beginning.
GPIN: 2415-58-1232
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, being in the Seaboard Borough of the
City of Virginia Beach, Virginia, and being known, numbered and designated as
Lot A, as shown on that certain plat entitled "Property of Thomas B. Bunting,
located Near Dam Neck in Princess Anne County, Virginia", Scale: 1" = 100', dated
October 7, 1958, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 12 to which
reference is hereby made for a more particular description.
Less and Except that portion of the property conveyed to the City of Virginia Beach
for improvement of Oceana Boulevard as recorded in Deed Book 3987, at Page
1024.
GPIN: 2415-48-8215
PARCEL 3:
PREPARED BY:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach,
Virginia, (formerly Seaboard Magisterial District of Princess Anne County) and
shown on the plat entitled, "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED
NEAR DAM NECK", made by W.B. Gallup, County Surveyor, July 25, 1956, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 42, Page 15; and designated on said plat as "Cordie E.
Whitehead 1.08 Acres", and bounded and described as follows:
1= Syn:s. ROURDON.
. AIIrnN & Lm. P.c.
7
BEGINNING at a pin in the ground 145 feet S. 29 Degrees 23' E, from the
southwest intersection of Route 615 and a 20' private lane, and from said point,
running S. 29 Degrees 23' E., 100 feet to a pin; thence S. 74 Degrees 12' W., 418.9
feet; thence N. 61 Degrees 00' W., 150 feet to a pin; thence N. 75 Degrees 10' E.,
502.1 feet to the point of beginning.
Said property is also shown on a plat entitled, "PLAT OF VICTOR J. JR. AND
ELEANOR C. BELISlE", recorded in the above mentioned Clerk's Office in Map
Book 185, at Page 41, as a parcel containing 46,341 square feet or 1.063 acres.
GPIN: 2415-58-1120
PARCEL 4:
ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach,
Virginia, described as "20' PRIVATE LANE" on the plat entitled "PROPERTY OF
CORDIE E. WHITEHEAD, LOCATED NEAR DAM NECK-IN PRINCESS ANNE CO.,
VA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 42, Page 15; and also described as "20' PRIVATE
LANE" on the plat entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED.
NEAR DAM NECK- IN- PRINCESS ANNE CO., VA." which plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia beach, Virginia, in Map
Book 52, at Page 12, and bounded as follows:
On the south by the property described as "Cordie E. Whitehead 1.579 Acres" as
shown on the plat entitled "PROPERTY OF CORDIE E. WHITEHEAD, LOCATED
NEAR DAM NECK-IN-PRINCESS ANNE CO., VA.", recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 42, at Page
15;
On the north by the property described PARCEL A, 2.17 AC. as shown on the plat
entitled "PROPERTY OF THOMAS B. BUNTING, LOCATED NEAR DAM NECK-IN-
PRINCESS ANNE CO., VA.", which plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Pate 12;
On the west by the street described as Flicker Way; and
On the east by the street described as Oceana Boulevard.
GPIN: 2415-58-1209
PARCEL 5:
PREPARED BY:
Isms. ROURDON. All that certain lot, piece or parcel of land, situate, lying and being in the Seaboard
AlIfRN & LM. P.c. Magisterial District of the City of Virginia Beach, Virginia, bounded and described
as follows:
8
PREPARED BY:
II Syn:s. ROURDON.
AlIrnN & LM. P.C
Beginning at a station on the western side of the Eastern Shore Public Road,
miscalled Croatan Road to Princess Anne Courthouse to said 20 foot private road
to an axle in the line of J. W. McClannan; thence along McClannan's line N 620 W
150 feet; thence S 120 15' E to the Western side of said Public Road; thence
northerly 100 feet to the point of beginning.
GPIN: 2415-58-2073
ConditionalRezone jProsperityBeachjProffer
9
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Zoning d1a;'1~ fram R-lO dO P-1
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Change of Zoning, lake Smith Property on Shell
Road (DISTRICT 4 - BA YSIDE)
MEETING DATE: May 9,2006
. Background:
An Ordinance upon Application of the City of Virginia Beach for a Chanqe of
Zoninq District Classification from R-20 Residential District to P-1 Preservation
District on property located at the northeast extremity of Shell Road (GPINs
1469526433; -5486; -7421; -6306; -4486; -5130; -3280; -4277; -9638; -6682; -
6774; -6700; -7592; -8438; -8456; -9684; -7035; 1469627111; 1469513556).
DISTRICT 4 - BA YSIDE.
. Considerations:
This rezoning application seeks to effectively 'downzone' the subject site from the
existing R-20 Residential zoning to P-1 Preservation District in order to preserve
the property as open space for the benefit, enjoyment and general welfare of the
residents and visitors of Virginia Beach. The City is in the process of purchasing
the site from the City of Norfolk. Norfolk will retain a 25 foot wide strip adjacent to
the lake to act as a water quality buffer.
The intent is for this site, including the lake Smith Fishing Station, to be primarily
preserved, but also operated and maintained as a public park for fishing,
launching of watercraft, and similar outdoor recreational uses. The site will be
operated and maintained by the City's Parks and Recreation Department. Any
improvements within Norfolk's 25-foot buffer strip and building setback from the
reservoir shoreline will be coordinated with, and subject to the approval of, the
City of Norfolk in an effort to protect the water quality of the reservoir as a public
water resource.
The rezoning will preserve for the citizens and visitors to Virginia Beach an open
space 'jewel' on the shores of lake Smith, while also providing access to the lake
and improved recreational opportunities. P-1 Preservation zoning is the most
restrictive zoning district provided by the ordinance, ensuring that any use of the
site will be appropriate to the open space and recreational goals envisioned while
also protecting the adjacent dwellings.
The Planning Commission placed this item on the consent agenda because the
new zoning category will ensure preservation of this critical resource, there was
no objection to the request, and the proposal is consistent with the
recommendations of the Comprehensive Plan.
CITY OF VIRGINIA BEACH - LAKE SMITH
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-0 to approve
this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
CilYManager~ \L .~~
CITY OF VIRGINIA
BEACH
Agenda Item # 8
April 12, 2006 Public Hearing
Recreation
."" .lM/'fH
Staff Planner: Stephen J. White
Chanae of Zonina District Classification from
R-20 Residential District to P-1 Preservation
District
t..IoKl VU:\''SO'o'
REQUEST:
ADDRESS I DESCRIPTION: Property located at the northeast extremity of Shell Road, south of its
intersection with Northampton Boulevard..
GPINS:
1469526433;-5486;-
7421; -6306; -4486; -5130;
-3280; -4277; -9638; -
6682; -6774; -6700; -7592;
-8438; -8456; -9684; -
7035; 1469627111;
1469513556
COUNCIL ELECTION DISTRICT:
4 -- BAYSIDE
SITE SIZE:
15.39 acres
SUMMARY OF REQUEST
This rezoning application seeks to effectively 'down zone' the subject site from the existing R-20
Residential zoning to P-1 Preservation District in order to preserve the property as open space for the
benefit, enjoyment and general welfare of the residents and visitors of Virginia Beach. The City is in the
process of purchasing the site from the City of Norfolk. Norfolk will retain a 25 foot wide strip adjacent to
the lake to act as a water quality buffer.
The intent is for this site, including the Lake Smith Fishing Station, to be primarily preserved, but also
operated and maintained as a public park for fishing, launching of watercraft, and similar outdoor
recreational uses. The site will be operated and maintained by the City's Parks and Recreation
Department. Any improvements within Norfolk's 25-foot buffer strip and building setback from the
reservoir shoreline will be coordinated with, and subject to the approval of, the City of Norfolk in an effort
to protect the water quality of the reservoir as a public water resource.
,. -'-.--"" -,:, ./....
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CITY OF VIRGINIA BEACH)-i:LAKES
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At some point in the future, after the property has transferred to Virginia Beach, an application for the
closure of the public right-of-ways adjacent to this site will be submitted.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND
USE AND ZONING:
North:
. Shell Road and Northampton Boulevard
. Single-family residential I R-5D Residential District
. Single-family residential I R-5D Residential District
. Lake Smith
. Lake Smith
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site consists of trees and low, understory vegetation
of various types.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
The Comprehensive Plan designates this site as being within
the Primary Residential Area, suitable for appropriately located suburban residential and non-residential
uses consistent with the policies of the Comprehensive Plan.
COMPREHENSIVE PLAN
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
The rezoning will preserve for the citizens and visitors to Virginia Beach an open space 'jewel' on the
shores of Lake Smith, while also providing access to the lake and improved recreational opportunities. P-
1 Preservation zoning is the most restrictive zoning district provided by the ordinance, ensuring that any
use of the site will be appropriate to the open space and recreational goals envisioned while also
protecting the adjacent dwellings.
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. 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.
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Item #8
City of Virginia Beach
Change of Zoning District Classification
Northeast extremity of Shell Road
District 4
Bayside
April 12,2006
CONSENT
Barry Knight: Next item for consent agenda is Item #8, the City of Virginia Beach. An
Ordinance upon Application of the City of Virginia Beach for a Change of Zoning
District Classification from R-20 Residential District to P-l Preservation District on
property located at the northeast extremity of Shell Road in the Bayside District. Our
representative is Ms. Lasley on that.
Karen Lasley: This is a 15-acre site on Lake Lawson.
Barry Knight: Hold on a minute Ms. Lasley. Let me go back just a second. On this is
there any present today that objects to putting this on the consent agenda? If not, thank
you. We'll get our Zoning Administrator Karen Lasley to explain. Thank you Karen.
Karen Lasley: This is a IS-acre site on Lake Lawson that the City of Virginia Beach is in
the process of purchasing from the City of Norfolk. It is our intent to use it as a park and
we would therefore like it rezoned to P-l Preservation District.
Barry Knight: Thank you. It seems like a very good use of the property. Do I hear a
motion? Ms. Katsias to approve by Kathy Katsias.
Ronald Ripley: Second.
Barry Knight: A second by Ron Ripley. Any discussion. Call for the question.
AYE 8 NAY 0 ABSO ABSENT 3
ANDERSON ABSENT
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIV AS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 8-0, the Board has approved Item #8 for consent.
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GREEN RIBBON COMMITTEE
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SHORE DRIVE ADVISORY COMMITTEE
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. Reschedule or cancel Informal and Formal Sessions of July 4,2006 (legal holiday).
P. ADJOURNMENT
City of Virgi:r1ia Beach
VBgov.com
RUTH HODGES SMITH, MMC
CITY CLERK
PHONE (757) 427-4303. FAX (757) 426-5669
5 May 2006
CITY HALL. BLDG. 1, STE. 281
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
HONORABLE MAYOR
MEMBERS OF CITY COUNCIL
Fourth.
The first meeting of City Council in July falls on the legal holiday of July
This is to ascertain your pleasure to reschedule the Informal, Formal,
Reorganizational Sessions as well as the Open Dialogue of City Council.
Cc" City Manager
City Attorney
Respectfully,
r
Ruth Hodges Smith-Fraser
City Clerk
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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C E S L
DATE: 4/25/06 D C M R C A W
PAGE: I I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
I BUDGET WORKSHOP:
I 2006-2007 RESOURCE MANAGEMENT
PLAN
A Public Schools
B Public Libraries
1111 BRIEFING:
Gwen Cowart,
PUBLIC INFOIMARKETING Director,
EHANCEMENT Communications
and Information
Technology
Diane Roche,
Assistant to the
City Manager for
Media and
Communications
lIIIIV N I CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y A Y Y Y Y Y Y Y Y A
VIlE
FIG MINUTES APPROVED 9-0 Y A Y Y Y Y Y Y Y Y A
INFORMAlJFORMAL SESSIONS 4/4/06
H PUBLIC HEARING
I. Tax Rate on Real Property for FY2006 14 SPEAKERS
I PUBLIC COMMENT 20 SPEAKERS
Tax Rate on Personal Property, Machinery and
Tools for Calendar Year 2006
FY2006-2007 RESOURCE MANAGEMENT
PLAN (Operating Budget)
FY.2006-20IO Capital Budget (CIP)
JIKII Re~olution re design features re Princess Anne ADOPTED, BY 8-1 Y A Y N Y Y Y Y Y Y A
RoadlKempsviIIe RoadIWitchduck Road Phase CONSENT
I transportation
2 Ordinance to TRANSFER $1,400,000 within ADOPTED, BY 8-1 Y A Y N Y Y Y Y Y Y A
Fire and Rescue Station - First Landing CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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M B L
DATE: 4/25/06 C E S L
PAGE: D C M R C A W
2 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N 0
D
3 Ordinance to AUTHORIZE acquisition ofland ADOPTED, BY 6-3 N A Y N Y Y Y Y Y N A
at 3180 New Bridge Road/APPROPRIATE CONSENT
$1,925,070 for acquisition
2006
ADDED Resolution AUTHORIZING agreement ADDED/ 8-0 Y A Y Y Y Y A Y Y Y A
between Army Corps of Engineers, Com. Of ADOPTED, BY B
V A, cities of CONSENT S
ChesapeakelNorfolk/PortsmouthNa Beach re T
Elizabeth River Environmental Study A
I
N
E
D
III RADHAKRISHNA DEFERRED 9-0 Y A Y Y Y Y Y Y Y Y A
RENUKUNTAIKA VITHI VURIMINDI COZ INDEFINTEL Y,
from AG-l to Conditional R-lO at Chesmut BY CONSENT
Oak Way (DISTRICT 7 - PRINCESS ANNE)
2 HERON RIDGE PROPERTIES II, L.L.C. APPROVED AS 7-2 Y A Y Y Y N Y N Y Y A
at 2817 Seaboard Road (DISTRICT 7 - PROFFERED
PRINCESS ANNE)
COZ from AG-lIAG-2 to Conditional R-15
re single-family homes
Variance to *4.4 (b) of Subdivision
Ordinance that all lots meet CZO
3 EVERGREEN VIRGINIA, APPROVED/ 9-0 Y A Y Y Y Y Y Y Y Y A
L.L.C./CHECKERED FLAG MOTOR CONDITIONED.
CAR/STEPHEN M. SNYDER, CO- BY CONSENT
MANAGER re a storage lot at 270 Clearfield
Avenue (DISTRICT 2 - KEMPSVILLE)
4 WILLIAM FOX CUP re outdoor paintball APPROVED/ 9-0 Y A Y Y Y Y Y Y Y Y A
park at 2968 Holland Road (DISTRICT 7 - CONDITIONED.
PRINCESS ANNE) BY CONSENT
5 29 OCEAN, L.L.c. COZfrom RT-3/A-36/A- DEFERRED TO 9-0 Y A Y Y Y Y Y Y Y Y A
12 to Conditional RT-3 with Laskin Road 5/9/06, BY
Gateway Overlay at Arctic Avenue/29th Street CONSENT
(DISTRICT 6 - BEACH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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M B L
C E S L
DATE: 4/25/06 D C M R C A W
PAGE: 3 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
E
ITEM # SUBJECT MOTION VOTE E E A 0 R V D V 0 0
L R S N X F E T A N D
L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
BEACHES and WATER WAYS
COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY
COMMITIEE - PPEA
MEAL TAX TASK FORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY
COMMITTEE
PARKS & RECREATION COMMISSION
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON
ROADS
MIN/O ADJOURNMENT 8:15PM