HomeMy WebLinkAboutDECEMBER 5, 2006 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR LOUIS R. JONES. Bayside - District 4
WIWAM R. DeSTEPH. At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER.. CentervilJe - District J
BARBARA M HENLEY. Princess Anne - District 7
REBA S. McCLANAN, Rose Hall- District 3
JOHN E. UHRIN. Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON. At-Large
JAMES 1. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUIWING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E- MAlL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE1. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
5 DECEMBER 2006
I.
CITY ATTORNEY'S BRIEFINGS
- Conference Room -
1:00 PM
A. ADAMS OUTDOOR SELECTIVE PRUNING PERMIT
William Macali, Deputy City Attorney
B. 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS AND NIGHTCLUBS
Leslie L. Lilley, City Attorney
II. CITY MANAGER'S BRIEFINGS
A. BUDGET EXECUTION REPORTS
Thomas Leahy, Director of Public Utilities
Terry Jenkins, Director of Human Services
Jack Whitney, Director of Agriculture
. B. USE OF YEAR-END FUND BALANCE
David L. Hansen, Chief of Finance and Technology
Catheryn Whitesell, Director of Management Services
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Bishop Rudolph Lewis
Pastor, New Light Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 28, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
I. INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land
Preservation (ARP) Easements:
a. 1576 Princess Anne Road
b. 3164 Head of River Road
2. LEASE OF CITY PROPERTY
a. Smith & Smith Venture, LLC at 4100 Virginia Beach Boulevard
I. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation
concerning workforce housing.
2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith
Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach
Boulevard; and, APPROPRIATE $9,000 to the Department of the Libraries FY 2006-2007
Operating Budget re acquisition of books and materials.
3. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old
Virginia Carriage Co., LLC, from November 15,2006 to April 15, 2007, re:
a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides on the Boardwalk
4. Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land
Preservation (ARP) Easements and issue contract obligations:
a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber
at1576 Princess Anne Road
b. $179,701 for property of Craig L. and Bonnie P. Talley 3164 Head of River
Road
5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a
portion of City Property known as Lake Bradford and the lOO-foot border of land owned
by the City around Lake Bradford re pier and timber bulkhead maintenance.
6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau
from Progressive Insurance Company.
7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re
Hurricane Emesto deployment.
K. PLANNING
1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of
Conditional Use Permit re a church expansion and the location of their parsonage at 5424
Parliament Drive (approved by City Council on July 2,2002).
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a
Conditional Use Permit re replacement of the existing buildings with a new Secondary
Alternative Education Academy Complex at 233 North Witchduck Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re
use of an existing building as a church at 980 Broad Meadows Boulevard.
DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROVAL
4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit
for a church at 4881 Euclid Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of ROBERTA MADDOX for a Conditional Use Permit re an outdoor
recreational facility (skateboard ramp) at 519 Delaware Avenue.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
6. Application ofPAYKAN, INC. for a Conditional Use Permit re existing motor vehicle
sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by
City Council February 27,2000)
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
7. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
wireless communications monopole tower and antennas to accommodate three (3)
wireless carriers) at 136 South Lynnhaven Road.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
CITY COUNCIL SESSIONS SCHEDULE
JANUARY 2007
COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007
REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007
THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007
*********
If you are physicaIJy disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda Il/2712006mb
www.vbgov.com
I.
CITY ATTORNEY'S BRIEFINGS
- Conference Room -
1 :00 PM
A. ADAMS OUTDOOR SELECTIVE PRUNING PERMIT
William Macali, Deputy City Attorney
B. 2007 LEGISLATIVE PACKAGE AMENDMENT re BARS AND NIGHTCLUBS
Leslie L. Lilley, City Attorney
II. CITY MANAGER'S BRIEFINGS
A. BUDGET EXECUTION REPORTS
Thomas Leahy, Director of Public Utilities
Terry Jenkins, Director ofHwuan Services
Jack Whitney, Director of Agriculture
B. USE OF YEAR-END FUND BALANCE
David L. Hansen, Chief of Finance and Technology
Catheryn Whitesell, Director of Management Services
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Bishop Rudolph Lewis
Pastor, New Light Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 28, 2006
G. AGENDA FOR FORMAL SESSION
iRtsnlutintt
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.
H. PUBLIC HEARINGS
1. INSTALLMENT PURCHASE AGREEMENTS for acquisition of Agricultural Land
Preservation (ARP) Easements:
a. 1576 Princess Anne Road
b. 3164 Head of River Road
2. LEASE OF CITY PROPERTY
Smith & Smith Venture, LLC at 4100 Virginia Beach Boulevard
. NOTICE OF
PUBLIC HEARING
;\.
ON THE EXECUTION AND
DELIVERY OF
INSTAllMENT PURCHASE
AGREEMENTS FOR THE
ACQUISITION OF
DEVELOPMENT RIGHTS ON
CERTAIN PROPERTY BY
THE CITY OF
VIRGINIA BEACH, VIRGINIA
Notice is hereby given that the City Council of
the City of Virginia Beach, Virginia, will hold a Public
Hearing with respect to the execution and delivery of
Installment Purchase Agreements for the acquisi-
tion of agricultural land preservation easements with
respect to land located on 3164 Head of River Road
and also 1576 Princess Anne Road, in the City of
Virginia Beach, Virginia, pursuant to Ordinance No.
95-2319, as amended, known as the Agricultural
Lands Preservation Ordinance, which establishes an
agricultural reserve program for the southern por-
tion of the City designated to (a) promote and
encourage the preservation of farmland, (b) pre-
serve open spaces and the area's rural character,
(c) conserve and protect environmentally sensitive
resources, (d) reduce and defer the need for major
infrastructure improvements and the expenditure of
public funds for such improvements, and (e) assist
in shaping the character, direction and timing of
community development. Such easements will be
purchased pursuant to Installment Purchase Agree-
ments for an estimated maximum purchase price of
$1,265,995. The City's obligation to pay the pur-
chase price under the Installment Purchase Agree-
ments is a general obligation of the City, and the full
faith and credit and the unlimited taxing power of
the City will be irrevocably pledged to the punctual
payment of the purchase price and the interest on
the unpaid principal balance of the purchase price
as and when the same respectively become due and
payable. The Public Hearing, which may be contin-
ued or adjourned, will be held by the City Council on
December 5, 2006, at 6:00 p.m. in the City
Council Chamber located on the 2nd floor of the City
Hall Building, 2401 Courthouse Drive, Virginia
Beach, Virginia. Any citizen interested in this mat-
ter may appear and be heard. .'
CITY OF VIRGINIA BEACH, VIRGINIA
f2d~~
Ruth Hodges Smith, MMC
City Clerk
< .
PUBLIC NOTICE'
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING at 6:00 P.M. on Tuesday, December
5, 2006, in the City Council Chamber, second floor,
City Hall (Building #1), 2401 Courthouse Drive, regard-
ing the proposed lease of City-owned property located at
4100 Virginia Beach Boulevard to Smith & Smith Ven-
ture, LLC. The lease authorizes Smith & Smith Ven-
ture, LLC to operate a coffee shop at the Central
Library.
. The purpose of the Hearing will be to obtain public
comment on the proposed lease of City property. A copy
of the lease agreement is on file in the City Clerk's
· office.
CITY OF VIRGINIA BEACH, VIRGINIA
!/2-r~_/~
Ruth Hodges Smith, MMC
City Clerk
VP Nov. 26 , 2006
16191660
I. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution to AMEND the 2007 Community Legislative Package re proposed legislation
concerning workforce housing.
2. Ordinance to AUTHORIZE the City Manager to execute a lease with Smith & Smith
Venture, LLC, re operation of a coffee shop in the Central Library at 4100 Virginia Beach
Boulevard; and, APPROPRIATE $9,000 to the Department ofthe Libraries FY 2006-2007
Operating Budget re acquisition of books and materials.
3. Ordinances to AUTHORIZE the City Manager to issue Franchise Agreements to Old
Virginia Carriage Co., LLC, from November 15,2006 to April 15, 2007, re:
a. Guided horse tours on the sand beach between Rudee Inlet and 42nd Street
b. Horse-drawn carriage rides on the Boardwalk
4. Ordinances to AUTHORIZE the City Manager to acquire Agricultural Land
Preservation (ARP) Easements and issue contract obligations:
a. $1,086,294 for property of Herbert A. Culpepper and Robert E. Steinhilber
at1576 Princess Anne Road
b. $179,701 for property of Craig L. and Bonnie P. Talley 3164 Head of River
Road
5. Ordinance to AUTHORIZE temporary encroachments by JEAN J. OWENS into a
portion of City Property known as Lake Bradford and the 100- foot border of land owned
by the City around Lake Bradford re pier and timber bulkhead maintenance.
6. Ordinance to ACCEPT a vehicle donation to the Police Department's Detective Bureau
from Progressive Insurance Company.
7. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2006-2007 Operating Budget re
Hurricane Emesto deployment.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
A Resolution Amending the 2007 Community Legislative Agenda Pertaining
to Proposed Legislation Regarding Workforce Housing
MEETING DATE: December 5,2006
BACKGROUND: Included in the City's 2006 Community Legislative Agenda was a request
to amend Virginia Code Section 15.2-2304 to allow the City a great deal of latitude in the
development of a workforce housing program. Upon discussing this proposal at the state
level, it was learned that our proposal would not have the support key housing industry
stakeholders and therefore would be unlikely to pass. However, the stakeholders did
indicate that they would support a more narrowly constructed change under a different
section of the Virginia Code (~15.2-2305).
At the City Council's direction, the Workforce Housing Committee of the Planning
Commission has been working to develop a comprehensive workforce housing program for
the City Council's consideration. The program that the Committee plans to bring forward
includes an option for residential developments to obtain increased density in exchange for
the provision of workforce housing as part of the development. In order to fully accomplish
that objective, the enabling authority contained in Virginia Code Section 15.2-2305 needs to
be expanded. The particular legislative requests are detailed in the attached ordinance.
Considerations: Although City Council has not yet had the opportunity to determine
whether to implement a workforce housing program, the General Assembly's pre-filing
deadlines for proposed legislation require that the City Council act on the proposed
resolution at its December 5th meeting in order to ensure that the proposed legislation
would be timely submitted for consideration at the 2007 General Assembly session. If the
legislation is enacted, it would take effect on July 1, 2007.
Public Information: Key stakeholders interested in this issue are aware that this proposed
change is needed and are supportive of it. The normal Council agenda process is
considered sufficient to provide additional public information.
Alternatives: Without authorization to pursue this change in the Virginia Code, it could
restrict Council's ability to adopt the program that will be recommended by the Workforce
Housing committee.
Recommendation: It is recommended that the amendment be adopted as presented.
Attachments: Ordinance
Recommended Action: Adoption of the Ordinance as Submitted
Agency: Housing and Neighborhood Preservation
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5
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7
A RESOLUTION AMENDING THE 2007
COMMUNITY LEGISLATIVE AGENDA
PERTAINING TO PROPOSED LEGISLATION
CONCERNING WORKFORCE HOUSING
WHEREAS, on September 12, 2006, the City Council adopted
8 its 2007 Community Legislative Agenda and requested that members
9 of the City's local Delegation to the General Assembly sponsor
10 and/or support legislation therein; and
11 WHEREAS, as Item 9 of the Community Legislative Agenda, the
12 City Council requested that the General Assembly amend Section
13 15.2-2204 of the Virginia Code, catchlined "Affordable dwelling
14 uni t ordinances in certain localities," so as to add Virginia
15 Beach to the localities included within the statute; and
16
WHEREAS, it has become apparent that, because key housing
17 industry stakeholders have indicated that they would not support
18 such legislation, but would support a narrower, more focused set
19 of Virginia Code amendments, it is unlikely that Item 9 of the
20 City's Community Legislative Agenda would be enacted by the
21 General Assembly; and
22
WHEREAS, the City would benefit from the enactment of new
23 legislation that would allow the City Council a higher degree of
24 flexibility in implementing any workforce housing program it may
25 wish to adopt; and
26
WHEREAS,
the
Planning
Commission's
Workforce
Housing
27 Commi ttee has asked that the City Council request the General
28 Assembly to amend Section 15.2-2205 of the Virginia Code,
29 catchlined "Affordable dwelling unit ordinances," so as to
30 include the provisions set forth hereinbelow;
31 NOW THEREFORE, BE IT RESOLVED BY.THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA:
33 That the City Council hereby amends its 2006 Community
34 Legislative Agenda by the deletion of Item #9 therein and the
35 substitution of proposed amendments to Section 15.2-2305 of the
36 Virginia Code that would, in addition to the existing provisions
37 of such section, authorize the City to adopt amendments to the
38 City Zoning Ordinance so as to allow, but not require:
39
40
41
42
43
44
45
46
47
48
49
50
1. An increase of up to thirty (30) percent in the total
number of dwelling units that may be developed on each
site subject to the ordinance and requiring that, as a
condition of such density increase, a minimum of
seventeen (17) percent of the total number of units be
affordable dwelling units;
2. Residential buildings of four (4) or more stories with
elevators to be eligible for the aforesaid density
bonus; and
3. Residential developments of fewer than fifty
(50)
dwelling units to be eligible for the aforesaid density
bonus.
51
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
52 VIRGINIA BEACH, VIRGINIA:
53
That the City Clerk is hereby directed to transmit a copy
54 of this Resolution to each member of the City's Delegation to
55 the General Assembly.
56
57
Adopted by the City Council of the City of Virginia Beach,
58 Virginia, this
day of
, 2006.
59
APPROVED TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~)U~ N HwJ
City Attorney's Office
CA-10222
Land Use\ordres\workforce housing leg pkg ordin.doc
November 30, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the City Manager to Execute a Lease for Five
Years with Smith & Smith Venture, LLC for Operation of a Coffee Shop
at the Central Library and Appropriate $9,000 for the Acquisition of
Books and Materials
MEETING DATE:
December 5, 2006
. Background: Since the early 1990s, local coffee cafes and national coffee shop chains
have become "the place" throughout the world where people can gather to conduct business,
socialize, discuss issues important to them and access the Internet for a wide variety of learning
experiences over a cup of their favorite coffee beverage. During the past five years, these
coffee shops/cafes have moved into top book stores such as Borders and Barnes & Noble, and
this trend has increasingly linked books with coffee.
The Central Library's meeting room complex, with an art gallery, an auditorium that holds 247
people, and two meeting rooms that hold 75 people each, is regularly filled. On average 1,300
customers visit the Central Library each day. Library surveys indicate that many of our
. customers would like to have an on-premises coffee shop as an added convenience.
The CIP renovation plans for the Central Library included funding to retrofit an area of the
Central Library lobby to accommodate a small coffee shop/cafe. The retrofit has been
completed, and the shop is ready for occupancy.
An RFP was prepared and competitively bid through established purchasing procedures to
identify qualified vendors to operate this coffee shop. A vendor was selected and the
Department of Libraries has negotiated a lease which requires City Council approval. Under
this lease, the coffee shop will provide coffee service and sandwiches and pastries prepared
offsite to customers using the library and meeting room complex.
. Considerations: This lease will generate new revenue to the City based on a
percentage of gross receipts, capped at $1,500 per month or $18,000 for the first year. The cap
escalates 3% each year. It is recommended that this revenue be appropriated to the Library
Department for books and materials. This revenue will assist in bridging the gap between the
2% increase in funding historically built into the operating budget and the inflation rate on books
and materials which historically averages 3%.
Marketing this service under the banner of "buy a cup of coffee.. .help buy a book" will provide
an additional incentive for customers to purchase the products and help achieve the maximum
rental rate under the lease.
. Public Information: A public hearing is required and has been advertised.
. Recommendations: It is recommended that the City Council approve the Ordinance
authorizing the City Manager to execute the lease and appropriating $9,000 to the Library
Department in anticipated revenue.
Recommended Action: Approval of Ordinance ~/l. J,
Submitting Department/Agency: Virginia Beach Department of Public Libraries ..' 19
City Manager: ~ l. ~ f
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR FIVE
YEARS WITH SMITH & SMITH VENTURE, LLC.
FOR OPERATION OF A COFFEE SHOP AT THE
CENTRAL LIBRARY AND APPROPRIATE $9,000
FOR THE ACQUISITION OF BOOKS AND
MATERIALS
\
WHEREAS, the City of Virginia Beach (the "City") would like
10 to enter into a formal lease arrangement with Smith & Smith
11 Venture, LLC
("Tenant") for the purposes of establishing a
12 coffee shop (the "Facility") inside the Central Library; and
13 WHEREAS, Tenant agrees to pay the City 10% of gross monthly
14
sales in the first year for rent.
Thereafter, the rent will
15 escalate 3% annually throughout the term of the lease and any
16 renewal thereof.
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19
1.
That the attached lease for the term of five years
20 between Tenant and the City regarding a coffee shop at the
21 Central Library is hereby approved; and
22
2.
That the City Manager is hereby authorized and
23 directed to execute the lease on behalf of the City of Virginia
24 Beach; and
25
3.
That $9,000 in estimated revenue from the operation of
26 a coffee shop in the Central Library is hereby appropriated to
27 the Department of Libraries FY 2006-07 Operating Budget for the
28 acquisition books and materials; and
29
4.
That $9,000 from local revenue sources is increased
30 accordingly.
31
Adopted by the Council of the City of Virginia Beach,
32 Virginia on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Services
i K.."rY ~,"'"'-
City Attorney's Office
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CA10215
V:\applications\citylawprod\cycom32\Wpdocs\D014\P001\OO023445.DOC
R-3
November 20, 2006
SUMMARY OF TERMS
LEASE FOR THE USE OF 593 SQUARE FEET IN FLOOR AREA LOCATED WITHIN
THE VIRGINIA BEACH CENTRAL LffiRARY, 4100 VIRGINIA BEACH BL YD.,
VIRGINIA BEACH, IN ORDER TO OPERATE A COFFEE SHOP ENTITLED "DAILY
GRIND @ BOOKMARK CAFE"
LESSOR: City of Virginia Beach
LESSEE: Smith & Smith Venture, LLC, a Virginia limited liability company.
PREMISES: 593 square feet in floor area located within the Virginia Beach Central
Library, 4100 Virginia Beach Blvd., Virginia Beach, Virginia.
TERM: January 1, 2007 through December 31,2011.
RENT: 10% of the gross sales with a maximum of $1,500 monthly for the first year.
Cap on maximum rent shall escalate 3% annually during the initial term as
well as option renewal period, if any.
HOURS OF OPERATION:
.
Coffee shop shall provide service to Central Library meeting room
customers and staff between 8:00 a.m. and 10:00 a.m. Monday through
Saturday.
Shall be open for business to general public between 10:00 a.m. and 8:30
p.m. Monday through Thursday; between 10:00 a.m. and 4:30 p.m. on
Fridays and Saturdays; and between 1:00 p.m. and 4:30 p.m. on Sundays
during the months of September through May.
Additional hours, specifically 5:00 p.m.-9:30 p.m. on Friday, Saturday or
Sunday evenings, if needed.
Central Librarian to be given 2 week notice if shop is to be closed for repairs
during normal operating hours.
.
.
.
RIGHTS AND RESPONSffiILITIES OF
SMITH & SMITH:
· Will use the Premises for coffee shop and for no other purpose.
· Will not make or cause or allow to be made, any alterations, additions or
improvements to the premises without the prior written consent of Central
Librarian or City's Facilities Management Office.
· Will maintain comprehensive 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. Lessee 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 RESPONSffiILITIES OF
THE CITY:
· Will have access to the premises at any time, without prior notice, in the event of an
emergency.
V :lapplications\citylawprod\cycom32\ Wpdocs\D020\POO I \0002369 3. DOC
- 30-
Item v.J.1.c.
ORDINANCES/RESOLUT/ONS
ITEM # 54956
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED*:
Ordinance to AMEND the City Code:
c. Section 6-12 re riding horses or driving vehicles on the
City s beach or dunes
*Section c, lines 23 thru 27:
"The orovisions of this section shall not apply to conduct in the resort
area that is exolicitlv authorized bv a Special Events permit issued
oursuant to City Code Section 6-12. Unless otherwise extended bv City
Council. this subsection shall sunset effective February 28. 2007. "
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel. Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor
Meyera E. Obemdorf, Jim Reeve, Peter w:. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
CDuncil Members Absent:
Robert M Dyer
February 28,2006
-26 -
Item VoX.I.
ORDINANCES/RESOLUTION
ITEM #55556
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AMEND S6-12 of the City Code re riding horses or
driving vehicles on the City's beach or dunes.
Voting: 10-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John
E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood
\
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
September 5, 2006
- 37-
Item V.I.8.a/b.
RESOLUTIONS/ORDINANCES
ITEM #55773
Voting: 5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
JamesL. Wood
Council Members Voting Nay:
Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Reba S. McClanan
and Mayor Meyera E. Obemdorf*
Council Members Absent:
William R. "Bill" DeSteph
*Verbal Nay
November 7, 2006
- 36-
Item v'L8.a/b.
RESOLUTIONS/ORDINANCES
ITEM #55773
The following registered in SUPPORT:
Nancy Lindsay, General Manager - Old Virginia Carriage Company, advised Dr. Fred Sweeney oversees
her horses on a regular basis. Because of her excellent horse management skills, Ms. Lindsay was hired
as General Manager. These horses are very well cared for and love to work. Old Virginia Carriage
Company is a Limited Liability company located on 7th Street.
Mike Eason, Resort Coordinator - Convention and Visitors Bureau, advised City Council approved a
Pilot program re horse rides on the Oceanfront from March 28 through May 7, 2006. This ordinance
was amended to allow horses during the winter months only. The horse rides commence at 11:00
A.M. to sunset. The Carriage ridesl commence at 5:00 P.M to 11 :00 P.M (only 3 days per week
November First to April Fifteenth)
Mayor Oberndorf referenced the November 7, 2006, correspondence from Sharon Quillen Adams,
Executive Director - Jlirginia Beach SPCAr re opposition to the introduction of this "activity" in
Virginia Beach. The correspondence contained questions which have not been asked or answered. Said
Information is hereby made a part of the record.
Thefollowing speakers registered in OPPOSITION
Heidi Parker, 1131 Antietam Court, Phone: 962-8522, husband in the Navy and she related his
experiences re the carriage horses in Boston. Their unhappiness is in their eyes. There is much
entertainment available at the Resort i.e. the bike rides and it is not necessary to have horse tours or
carriage rides.
Bob Chorush, 501 Front Street, Noifolk, Phone: 213-8727, speaking on behalf of 484 members of PETA
Jaume Rive/l, ex Police Officer in New Hope, Pennsylvania. Ms. Rivell spoke concerning the harm to
horses with the carriage rides, 1802 Shen'ngham, Phone; 412-2114
Amy McNally, represented the Virginia Beach Society for the Prevention of Cruelty to Animals (SPCA),
1557 Back Bay Landing, Phone; 644-5577.
Debbie Chissell, 925 Shadow Tree Way, Phone: 943-7430, did not want her 7-year old daughter in
danger because of the horses
Debra Edward, 3836 Croonenbergh Way, Phone: 463-9131, stated animals should not perform for
tourists.
A MOTION was made by Councilman Uhrin, seconded by Vice Mayor Jones to ADOPT:
Ordinances to GRANT franchises to Old Virginia Carriage Co., LLC
from November 15, 2006 to Apri/15, 2007 re:
Guided horse tours on the sand beach between Rudee Inlet and
42"d Street
Horse-drawn carriage rides on the Boardwalk
November 7, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A proposal allowing the City Manager to issue a franchise agreement to allow for horse
rides on the beach and carriage rides on the boardwalk from November 1 to April 15.
MEETING DATE: December 5, 2006
. Background: On February 28,2006 City Council approved a pilot program to allow the
Convention and Visitors Bureau the opportunity to evaluate horse rides on the beach and
carriage rides on the boardwalk before requesting a permanent franchise to operate during the
winter months. Based on City Councils actions, City Code Section 6-12 was modified to allow
horse rides on the beach under a Special Event Permit until February 28,2007. The pilot program
was conducted between March 15th and May 4th involving 7 horses walking single file on the
beach between 30th and 17th Street. During the same period, a pilot program with horse drawn
carriage rides on the boardwalk under a Special Event Permit was evaluated which did not
require a modification of any city ordinance. The response to both programs was very positive
and we received many positive emails from visitors regarding their experience. The Resort
Advisory Commission, Virginia Beach Hotel/Motel Association, Virginia Beach Restaurant
Association and Virginia Beach Retail Association have written letters in support of continuing the
program on permanent bases during the winter months.
On September 5,2006 City Council approved an amendment to City Code Section 6-12 to allow
horses on the beach between November 1st and April 15th either by Special Event Permit or
Franchise. On October 6, 2006 the City Purchasing Department issued an invitation to bid to
soliciate franchise proposals to operate the horse trail rides and carriage ride. Responses to the
invitation to bid were evaluated by a selection committee and a qualified organization was
selected which met the qualifications of the proposed franchise.
This matter was discussed by City Council on November ih, 2006 and due to a tie vote the
franchise was not approved. Since that date, staff has met with representatives of the SPCA and
has prepared additional conditions to be applied to the operation of the franchise. This matter has
been again placed on council's agenda at the request of Councilmember Diezel.
. Considerations: The proposal would allow the City Manager to execute franchise
agreements with Old Virginia Carriage Co.,LLC for horse rides on the beach and carriage rides
on the boardwalk from November 1 to April 15. Approval of these franchises will provide an
additional amenity for visitors and residents visiting the resort area in the winter months.
. Public Information: Information will be disseminated to the public through the normal
process involving the advertisement of the City Council agenda.
. Resort Advisory Commission Recommendation: Adoption
Staff Recommendation: Approval
. Attachments: Ordinance (2), Summary of Contract Terms (2), Franchise Operating
Standards and Carriage Operators of North America Guidelines and Standards of Operation
Submitting DepartmentlAge~~y: Convention & Visitors Bureau % .p
City Manage~ IL- . ~~
Carriage Operators of North America
Page 1 of6
Appendix A
CARRIAGE OPERATORS OF NORTH AMERICA
GUIDELINES AND STANDARDS OF OPERATION
Adopted March 1, 1991
Revised February 26, 2003
Carriage Operators of North America maintains that facilities, businesses and individuals striving to fonow
these Guidelines and Standards will promote a safer and more humane environment for horse-drawn carriage
activities. By establishing these Guidelines and Standards. CONA does not mean to suggest that these are the
only ways in which to promote safety. Nor does CONA suggest or infer that those who do not follow these
Guidelines and Standards engage in unsafe practices.
In addition, CONA makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy
of the information contained in these Guidelines and Standards. CONA cannot guarantee that adherence to
these Guidelines and Standards will guarantee no accidents, injuries, or litigation. These Guidelines and
Standards are intended to assist businesses and/or individuals in developing an individualized program
designed to promote safety and humane treatment of carriage animals.
I. Definitions
II. Horse and Carriage Company Owners
III. Equipment
N. Carriage Stands, Client Pick Up Locations, and Staging Areas
V. Care and Shelter of Horses
VI. Harness
VII. Weather Conditions
VITI. Feeding
IX. Stables and Stalls
X. Horse Drawn Carriage Driver Qualifications
XI. Conduct of Drivers
Preface
It is well known that horse drawn operations attract both tourists and residents of any city in
which they work. They are highly visible, image oriented businesses that help cities and
towns promote a good image. Because of this high visibility, carriage operations are
constantly under scrutiny and this scrutiny soon becomes legislation. CONA, an
organization that promotes the safe use of horses and horse drawn vehicles on the streets of
America, has developed these Guidelines and Standards of Operation with the welfare and
safety of the horse, the passengers, the operators and the general public in mind. They have
also been developed to allow the carriage operator enough latitude to run a quality operation
of which the city or town where the operator works can be proud.
I. Definitions: The following terms shall have the following meanings:
1. "Carriage", means any device in or upon which any person is or may be
transported or drawn, designed to be or capable of being drawn by a
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Page 2 of6
horse or horses.
2. "Horse", means any animal of the genus equus.
3. "Person", means an individual, partnership, corporation, association or
other legal entity.
4. "Stable", means any place, establishment or facility where one or more
horses are housed and maintained.
5. "Veterinarian", means a person licensed to practice veterinary medicine.
6. "Work". A horse is considered working when it is out of the stable and at
its carriage stand, place where it regularly picks up passengers or place of
hire. Work ends when the horse leaves its stand or place ofhire to go to
the stable.
7. "New driver", is a person that, prior to hire, has never been licensed for or
. driven for a commercial horse drawn carriage company.
II. Horse and Carriage Company Owners
A. Each carriage company should have written permission, permits, or a
business license as required for the area in which it works.
B. Owners should have prior experience and qualifications, which
enable them to properly and humanely operate a horse drawn carriage
business.
C. Each carriage company should carry liability insurance, whether or
not required by local or state ordinance.
D. Each carriage company should maintain an emergency procedure and
protocol package including the telephone number where the owner or
manager may be contacted in case of an emergency.
III. Equipment
Each vehicle should be equipped with electric turn signals or
emergency flashing lights, taillights and front lights which are visible
for a distance of 500 feet. (Variance allowed if an automobile with
emergency flashers follows the carriage and if appropriate, leads the
carriage.)
A. No company should use a carriage not equipped with brakes.
(Variance allowed for vintage carriages using appropriate harness.)
B. Each carriage should be equipped with a slow moving vehicle
emblem to be attached to the rear of the vehicle whenever there is a
reasonable possibility that the vehicle could encounter automotive
traffic on roadways.
C. Carriages should be properly lubricated and wheels should spin
freely.
D. Carriages used on public property should be equipped with a device
to catch horse manure and prevent it from falling on the pavement.
Missed droppings should be cleaned up at the end of each shift.
E. Each carriage should be maintained in a reasonably safe and sanitary
condition.
F. No horse drawn carriage should carry more passengers than it was
originally designed to carry.
G. No one other than the driver, a company employee, or apprentice
should sit in the driver's seat.
H. Each company should conduct regular safety inspections of its
vehicles.
I. No vehicle should be allowed into service that has lights, brakes or
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Carriage Operators of North America
Page 3 of6
other safety features that are inoperable. Iflights become faulty during
use, a car with emergency flashers on should follow and, if
appropriate, lead the carriage until it can be safely removed from
traffic.
J. Carriages should be equipped with fifth wheel or cut under turning
mechanisms on the front axle. (Variance allowed for vintage
carriages. )
K. Each company is encouraged to use reflective material wherever
appropriate on carriages, harness and horse.
L. Radio equipped carriages are encouraged. Cell phone equipped
carriages should keep incoming call rings low.
IV. Carriage Stands, Client Pick Up Locations, and Staging Areas
Carriage companies should keep carriage stands/usage areas
reasonably clean and free of manure and urine at all times. Urine
should be diluted with water or water with disinfectant as it OCCln'S.
A. Water for the horses should be maintained in full view at all times if
the horse will be working from that location for more than 1-~ hours.
B. Stand signage should include rates and hours of operation. Equine
Activity Liability Act warning signs should be posted as may be
required under applicable state law.
C. Stands should be limited to parking only horse drawn vehicles to
prohibit other vehicles from parking there.
D. Stand site should be reasonably safe, have good footing, lighting and
space for horses, carriages, and the public, preferably free of
automotive traffic.
V. Care and Shelter of Horses
No horse should be used to draw a carriage unless the animal is in
good health and the following standards are met:
1. The horse should not have open sores or wounds, nor should such horse be noticeably
lame or have any other ailments, unless the driver has
in the driver's possession a written statement by a
veterinarian that the horse is fit for such work,
notwithstanding such condition.
2. The hooves of the horse while working on pavement, brick, concrete or other like hard
surfaces should be properly shod utilizing rubber or
elastomer shoes or pads to prevent concussion injuries.
Borium tip shoes can be utilized to help prevent
slipping. Metal shoes can be used on the rear legs of
the horse, if the horse's hooves will not accommodate
the use of rubber pads there.
3. The horse should be properly and appropriately groomed.
4. The horse should have adequate flesh and tone.
5. Horses should be kept in a working condition.
F. Every horse in use by a horse drawn carriage company should have a certificate of
serviceability for specified carriage work, signed by the examining
veterinarian on an a.ntlual basis.
G. Horses should be de-wormed regularly.
H. Horses should be vaccinated under the direction of a veterinarian for appropriate
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diseases and risk factors of the area.
I. Horses used to pull carriages should have water made available to them during their
work period if their work period is in excess of 1 ~ hours.
J. Horses should not work more than eight consecutive hours, or ten hours with a 1 ~ hour
break, disconnected from the carriage, in a 24-hour period.
K. Horses should not work more than six days in a seven-day period.
L. Horses should not be worked with equipment causing an impairment of vision, other
than normal blinders.
M. Horses drawing a carriage should not be worked at a speed faster than a slow trot
N. Horses should not be subject to any cruel or harassing treatment.
O. Carriage horses should not be sold or disposed of except in a humane manner.
VI. Harness
Horses should not be worked with harness or bits that are not safe and humane.
A. The harness should be oiled and cleaned so as to be appropriately in reasonable
condition.
B. Harness, bridles, bits and padding should be properly fitted and kept in reasonably clean
and good repair.
C. The harness should be kept reasonably free of makeshifts like wire, rope, and rusty
chain.
VII. Weather Conditions
Owners and drivers should use caution when working horses in adverse weather
conditions such as snow, ice, heavy rain, and other slippery or
reduced visibility situations.
A. Companies and drivers should work horses only when reasonably safe weather
conditions exist. When the sum of the Fahrenheit temperature and the
humidity is equal to 150, caution should be used. At a total of 180,
care steps should be taken for the prevention of heat stress.
B. Companies and drivers should work horses only when reasonably safe weather
conditions exist. Special attention and discretion should be used
during periods of high humidity, extreme cold and wind chill. Proper
shoes should be used during icy conditions.
C. Horses should be properly acclimated to the weather environment they will be working
in, including special shoeing for conditions known to be icy.
VIII. Feeding
Horses should receive adequate and substantial feed daily, which is free from
contamination. The feed should be sufficient quantity, nutritive value,
and frequency to meet normal daily requirements for the condition,
special needs, environmental factors and size of the animal so as to
maintain a healthy flesh.
A. Clean drinking water should be available to an off duty horse at all times.
B. Off duty horses should have access to salt in block or loose form.
IX. Stables and Stalls
Stables used for housing horses should be welllighted and ventilated and provide
protection from the weather. Stables should be kept clean and in good
repair and manure should be removed daily. Any enclosure where
horses are kept should be graded and raked to keep the surface
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reasonably dry.
A. Foot hazards and sharp surfaces should not be permitted in any area or building where
they may come in contact with the animals.
B. Roofs should be kept free ofleaks that drain into areas where animals are kept.
C. Box stalls should be large enough for the horse to lie down and turn around.
D. Tie stalls should be a minimum width and length to allow the horse to safely lie down.
E. Horses that are not worked at least every other day or not turned out daily should not be
kept in tie stalls.
F. Stalling spaces should be bedded or have a specialized surface as to keep animals clean,
dry and free of concussion, abrasion or pressure points.
G. A pest control program should be used to control flies and other insects.
H. Feed should be kept free of contamination.
I. Interior and exterior areas of the stable should be kept reasonably clean, properly
drained and free of nuisances including, but not limited to
unreasonable and excessive odors and unreasonable accumulation of
refuse and excrement.
J. There should be no smoking at any time in stables.
K. Cities and other municipalities should make every effort to allow stables within a
walking distance of carriage stands for the health and well being of
the horse.
L. Equine Activity Liability Act warning signs should be posted in stables where
applicable under state law.
X. Horse Drawn Carriage Driver Qualifications
Each driver should have a valid motor vehicle driver license and social security card or
work visa.
A. Each driver should be at least 18 years of age.
B. Each driver should be free of alcohol and drug addiction.
C. Each driver should demonstrate his or her ability to drive, inspect and care for the horse
and equipment.
D. Carriage company owners and managers should have a practical exam to give to drivers
which they should successfully complete. The driver should
demonstrate proficiency in grooming the horse, cleaning the harness
and padding, fitting the bridle, bit and harness to the horse, hitching
the horse to the carriage and driving the carriage upon the city streets
in a safe and humane fashion.
E. New drivers should be required to complete a thorough driver training program,
administered by the company or another qualified professional, and to
serve as an apprentice. New drivers should be required to ride with a
seasoned driver for at least 24 hours to observe the proper handling
and driving of a horse drawn carriage and the methods of handling
emergency situations or unexpected animal behavior. The new driver
should drive a carriage under supervision of a seasoned driver for at
least 16 hours of apprenticeship.
XI. Conduct of Drivers
Each driver should have his or her valid state issued driver's license in his or her
possession while operating a carriage.
A. The driver should obey all traffic laws and regulations of the city and state.
B. Drivers should not operate a carriage while under the influence of alcohol or narcotic
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drugs.
C. No person should drink alcohol while such person is operating a horse drawn vehicle.
D. For optimum safety and control of the horse and carriage, drivers should be prohibited
from smoking, eating or wearing of headphones while the carriage is
in motion.
E. Drivers of each carriage during travel from sunset until sunrise, and at all other times as
conditions of poor visibility exist, should cause the front and tail
lights of the carriage to be in operation.
F. Drivers should not permit the speed at which any horse drawn carriage is driven to
exceed a slow trot.
G. No driver should abandon his carriage, pennit another to drive for him or her, except an
apprentice, or permit any passenger to ride on the driver's seat.
H. Drivers should not permit more passengers in a carriage than it has been designed for.
I. No passenger should be permitted to stand or ride on any part of the carriage while in
motion, except seated inside the carriage. Drivers should take all
necessary precautions to prohibit such activity. All passengers should
be seated except when loading or unloading.
J. Drivers should at all times be responsible for the proper and humane care and treatment
of the horse under his or her direct supervision and control.
K. Drivers should at all times be dressed neatly and cleanly, with an appropriate costume or
uniform preferred.
L. Drivers should be in the driver's seat and have driving lines in hand, and foot firmly on
the brake before loading or unloading passengers.
M. No one should unbridle a horse while the horse is connected to any horse drawn vehicle.
N. Drivers should regularly offer water to working horses.
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Horse and Carriage Franchise
Operating Standards
The following operating standards are hereby a part of the Franchise Agreement
for Guided Horse Riding Tours on the Beach and the Franchise Agreement for Horse
Carriage Rides on the Boardwalk.
1. All operators, drivers, stable hands, veterinarians and others who are employed by the
franchisee, shall sign a statement indicating that they have never been convicted of
animal neglect or cruelty.
2. The franchisee's veterinarian will certify the fitness of all horses. Such cetification
will be filed with the city at least semi annual basis, filing that certificate with the City so
that it will be a part of a public record.
3. All complaints of any nature, along with all veterinary records, will be available for
public review.
4. A committee comprised of representatives of the Virginia Beach Animal Control
Bureau, Virginia Beach Police Department Mounted Patrol, Department of Agriculture
and Resort Management Office will conduct random inspections of the operation, health
of the animals and boarding conditions for compliance with these Operating Standards
and standards outlined in the franchise agreement.
5. A waste management plan for the Bike Path, Boardwalk and Beach will be filed by
the franchisee as part of the agreement
6. Horses used for guided tours will not be used for carriage rides tour, or vice versa,
during a 24 hour period.
7. All complaints of potential animal health or animal cruelty issues will be forwarded to
the Resort Management Office for investigation by the inspection committee comprised
of representatives from Animal Control, Dept of Agriculture, Police and the Resort
Management Office. Depending on the severity of the complaint, a veterinarian report
may be required at the franchisee expense. A written response to the complaint will be
made within 14 days.
Requested by Councilmember Diezel
1
2
3
4
5
6
AN ORDINANCE GRANTING A FRANCHISE TO OLD
VIRGINIA CARRIAGE CO., LLC TO CONDUCT
GUIDED HORSE TOURS ON THE SAND BEACH
BETWEEN RUDEE INLET AND 42ND STREET
WHEREAS, the City staff has solicited proposals for the
7 operation of guided horse tours on the sand beach between Rudee
8 Inlet and 42nd street between the dates of November 15, 2006 and
9 April 15, 2007 (the initial term) with the possibility of
10 extending the right to operate for up to four (4) additional
11 terms;
12 WHEREAS, the City staff has reviewed all proposals and has
13 made a recommendation to the City Council that a franchise be
14 awarded to Old Virginia Carriage Co., LLC; and
15 WHEREAS, the City Council agrees with the recommendation of
16 the City staff and finds that the award of a franchise to Old
17 Virginia Carriage Co., LLC will promote the public interest and
18 will serve to enhance the festive atmosphere at the oceanfront.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
1.
That a franchise is hereby granted to Old Virginia
22 Carriage Co., LLC to operate guided horse tours on the sand
23 beach between Rudee Inlet and 42nd Street.
24
2. That the grant of the franchise is subject to the terms
25 of the Franchise Agreement which has been presented to the City
26 Council and the terms of the Invitation to Bid which were
27 disseminated for this proposal.
28
3.
That the City Manager or his designee is authorized to
29 executed the Franchise Agreement which is hereby approved.
30
31
Adopted by the Council of the City of Virginia Beach,
32
Virginia on the
day of
, 2006.
Approved as to Content
Approved as to Legal Sufficiency:
~e
Convention and Visitors
Bureau
CAI0200
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November 28, 2006
R-2
2
GUIDED HORSE TOURS
Summary of Contract Terms
Franchisee: Old Virginia Carriage Co., LLC
Nature of Franchise: Guided horseback rides on sand beach between Rudee Inlet and 42nd
Street.
Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both
parties, the Agreement may be extended for up to four (4) additional terms, each running from
November 15 to April 15 of the next year.
Franchise Fee: $2,500 for the initial term. If the Agreement is extended for additional
terms, the parties must agree to a new fee and state the fee in a separate writing before November
1 of the year of the new tenn.
Non Exclusive Franchise:
The City is authorized to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
. Appropriate training of operators
. Walking pace for horses
. Limit of nine (9) horses on a tour
. City must review and approve an operating plan which recognizes different experience
levels of riders
. Horses must have appropriate ability, training and demeanor
. Helmets required
. Bun Bags to be used
. Manure collected and disposed
. Horses to be rabies free and have negative Coggins certifications
. Temporary corral
. No unloading on Boardwalk
. Equipment to be in good condition
. No solicitations on public property
. Operator must be employee of Franchisee and operator must be with tour patrons at all
times
. Employees to wear attire which identifies the tour operation
· No advertisement other than the name of the operation and the fee and location of the
tour station shall be placed on the property
Hold Harmless:
Franchise indemnifies and holds harmless the City for loss and liability.
Insurance:
$2,000,000 combined single limits
Tennination: City may terminate Agreement for reason of Franchisee's failure to
comply with the terms of the Agreement.
Requested by Councilmember Diezel
I
2
3
4
AN ORDINANCE GRANTING A FRANCHISE TO OLD
VIRGINIA CARRIAGE CO., LLC TO CONDUCT A HORSE
CARRIAGE RIDE ON THE BOARDWALK
5
WHEREAS, the City staff has solicited proposals for the
6
operation of horse-drawn carriage rides on the Boardwalk
7
between the dates of November 15, 2006 and April 15, 2007 (the
8
initial term) with the possibility of extending the right to
9
operate for up to four (4) additional terms;
10
WHEREAS, the City staff has reviewed all proposals and
11
has made recommendation to the City Council that a franchise
12
be awarded to Old Virginia Carriage Co., LLC; and,
13
WHEREAS, the City Council agrees with the recommendation
14
of the City staff and finds that the award of a franchise to
15
Old Virginia Carriage Co., LLC will promote the public
16
interest and will serve to enhance the festive atmosphere at
17
the oceanfront.
18
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19
OF VIRGINIA BEACH, VIRGINIA:
20
1.
That a franchise is hereby granted to Old Virginia
21
Carriage Co., LLC to operate a horse carriage ride operation
22
on the Boardwalk at the oceanfront.
23
2.
That the grant of the franchise is subject to the
24
terms of the Franchise Agreement which has been presented to
25
the City Council and the terms of the Invitation to Bid which
26
were disseminated for this proposal.
1
27
28
29
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2006.
Approved as to Content:
Approved as to Legal Sufficiency:
~E
Convention & Visitor Bureau
CAI0199
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November 28, 2006
R-2
2
HORSE CARRIAGE RIDES
Summary of Contract Terms
Franchisee: Old Virginia Carriage Co., LLC
Nature of Franchise: To conduct horse carriage rides on the Boardwalk.
Term: Initial term is November 15,2006 through April 15, 2007. By agreement of both
parties, the Agreement may be extended for up to four (4) additional terms, each running from
November 15 to April 15 of the next year.
Franchise Fee: $1,500 for the initial term. If the Agreement is extended for additional terms, the
parties must agree to a new fee and state the fee in a separate writing before November I of the
year of the new term.
Non Exclusive Franchise:
The City is authorized to grant other franchises in the subject area.
Operational Criteria: The Agreement stipulates operational standards and safeguards such as:
· Appropriate training of operators
. Good condition of equipment
. Walking pace for horses
· Limit of two (2) carriages on Boardwalk at any time
. Rubber shoes on horses
. Safety equipment
. Bun Bags on horses
· Horses to be rabies free and have negative Coggins certifications
. Temporary corral
. No unloading from trailers on Boardwalk
· Operator must be employee of Franchisee and be present with patrons at all times
. Employees to wear attire which identifies the tour operation
· No advertisement other than the name of the operation and the fee and location of the
tour station shall be placed on the property
Hold Harmless:
Franchisee indemnifies and holds harmless the City for loss and liability.
Insurance:
$2,000,000 combined single limits
Termination: City may terminate Agreement for reason of Franchisee's failure to
comply with the terms of the Agreement.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $1,086,294 (Property of Herbert A.
Culpepper and Robert E. Steinhilber)
MEETING DATE: December 5,2006
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
. agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 71.94 acres outside of marshland or swampland. It is owned by Herbert
A. Culpepper and Robert E. Steinhilber. Under current development regulations, there
is a total development potential of nine (9) single-family dwelling building sites, none of
which would be reserved for future development as a 3-acre building site. Property
owners are no longer required to designate the location of the area reserved for future
building sites, but are required to subdivide such sites prior to building on them. The
site, which is shown on the attached Location Map, is located on Princess Anne Road,
in the District of Princess Anne. The proposed purchase price, as stated in the
ordinance, is $1,086,294. This price is the equivalent of approximately $15,100 per
acre of easement acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 3.756% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 5.756% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property .
Recommended Action: Adoption
~
Submitting Department/Agency: Agriculture Department
City Manage~ k. , 0(36f'z.
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2006-75
SUMMARY OF MATERIAL TERMS
SELLER: Culpepper, Herbert A. and Steinhilber, Robert E.
PROPERTY LOCATION: 1576 Princess Anne Road, Princess Anne District
PURCHASE PRICE: $1,086,294.
EASEMENT AREA: 71.94 acres, more or less
DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (9 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.756% (actual rate to be determined when STRIPS are purchased prior to
execution ofIPA). Rate may not exceed 5.756% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIPA.
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1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT AND
4 THE ISSUANCE BY THE CITY OF ITS CONTRACT
5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
6 $1,086,294.
7
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation
10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11 Virginia Beach, there has been presented to the City Council a
12 request for approval of an Installment Purchase Agreement (the form
13 and standard provisions of which have been previously approved by
14 the City Council, a surrnnary of the material terms of which is
15 hereto attached, and a true copy of which is on file in the City
16 Attorney's Office) for the acquisition of the Development Rights
17 (as defined in the Installment Purchase Agreement) on certain
18 property located in the City and more fully described in Exhibit B
19 of the Installment Purchase Agreement for a purchase price of
20 $1,086,294; and
21 WHEREAS, the aforesaid Development Rights shall be acquired
22 through the acquisition of a perpetual agricultural land
23 preservation easement, as defined in, and in compliance with, the
24 requirements of the Ordinance; and
25 WHEREAS, the City Council has reviewed the proposed terms and
26 conditions of the purchase as evidenced by the Installment Purchase
27 Agreement;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 1. The City Council hereby determines and finds that the
31 proposed terms and conditions of the purchase of the Development
32 Rights pursuant to the Installment Purchase Agreement, including
33 the purchase price and manner of payment, are fair and reasonable
34 and in furtherance of the purposes of the Ordinance, and the City
35 Manager or his designee is hereby authorized to approve, upon or
36 before the execution and deli very of the, Installment Purchase
37 Agreement, the rate of interest to accrue on the unpaid principal
38 balance of the purchase price set forth hereinabove as the greater
39 of 3.756% per annum or the per annum rate which is equal to the
40 yield on United States Treasury STRIPS purchased by the City to
41 fund such unpaid principal balance; provided, however, that such
42 rate of interest shall not exceed 5.756% unless the approval of the
43 City Council by resolution duly adopted is first obtained.
44 2. The City Council hereby further determines that funding
45 is available for the acquisition of the Development Rights pursuant
46 to the Installment Purchase Agreement on the terms and conditions
47 set forth therein.
48 3. The City Council hereby expressly approves the
2
49 Installment Purchase Agreement and, subject to the determination of
50 the City Attorney that there are no defects in title to the
51 property or other restrictions or encumbrances thereon which may,
52 in the opinion of the City Attorney, adversely affect the City's
53 interests, authorizes the City Manager or his designee to execute
54 and deliver the Installment Purchase Agreement in substantially the
55 same form and substance as approved hereby with such minor
56 modifications, insertions, completions or omissions which do not
57 materially alter the purchase price or manner of payment, as the
58 Ci ty Manager or his designee shall approve. The City Council
59 further directs the City Clerk to affix the seal of the City to,
60 and attest same on, the Installment Purchase Agreement. The City
61 Council expressly authorizes the incurrence of the indebtedness
62 represented by the issuance and delivery of the Installment
63 Purchase Agreement.
64 4. The City Council hereby elects to issue the indebtedness
65 under the Charter of the City rather than pursuant to the Public
66 Finance Act of 1991 and hereby constitutes the indebtedness a
67 contractual obligation bearing the full faith and credit of the
68 City.
69
70 Adoption requires an affirmative vote of a majority of all
71 members of the City Council.
72
3
73
Adopted by the Council of the City of Virginia Beach,
74 Virginia, . on this
day of
, 2006.
CA-I0156
V:\applicationslcitylawprod\cycom32IWpdocs\DOO3\POO 1 lOO02304S.DOC
R-l
DATE:November 3, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
twffiq.~
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
2~j~na~~
4
~. .6 J. _""
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $179,701 (Property of Craig L. and
Bonnie P . Talley)
MEETING DATE: December 5, 2006
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 25.31 acres outside of marshland or swampland. It is owned by Craig L.
and Bonnie P. Talley. Under current development regulations, there is a total
development potential of two (2) single-family dwelling building sites, none of which
would be reserved for future development as a 3-acre building site. Property owners
are no longer required to designate the location of the area reserved for future building
sites, but are required to subdivide such sites prior to building on them. The site, which
is shown on the attached Location Map, is located on Head of River Road, in the District
of Princess Anne. The proposed purchase price, as stated in the ordinance, is
$179,701. This price is the equivalent of approximately $7,100 per acre of easement
acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 3.853% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 5.853% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks. .
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property.
Recommended Action: Adoption ~
Submitting DepartmentlAgencr Agriculture Department / ~
City Manager:~ lL.. .~rsPt
"~,,...,."'_ ..It T;,
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2006-76
SUMMARY OF MATERIAL TERMS
SELLER: TALLEY, Craig and Bonnie
PROPERTY LOCATION: 3164 Head of River Road, Princess Anne District
PURCHASE PRICE: $179,701
EASEMENT AREA: 25.31 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.853% (actual rate to be determined when STRIPS are purchased prior to
execution ofIPA). Rate may not exceed 5.853% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IP A.
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1
2 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
3 AGRICULTURAL LAND PRESERVATION EASEMENT AND
4 THE ISSUANCE BY THE CITY OF ITS CONTRACT
5 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
6 $179,701.
7
8
9 WHEREAS, pursuant to the Agricultural Lands Preservation
10 Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11 Virginia Beach, there has been presented to the City Council a
12 request for approval of an Installment Purchase Agreement (the form
13 and standard provisions of which have been previously approved by
14 the City Council, a summary of the material terms of which is
15 hereto attached, and a true copy of which is on file in the City
16 Attorney's Office) for the acquisition of the Development Rights
17 (as defined in the Installment Purchase Agreement) on certain
18 property located in the City and more fully described in Exhibit B
19 of the Installment Purchase Agreement for a purchase price of
20 $179, 701; and
21 WHEREAS, the aforesaid Development Rights shall be acquired
22 through the acquisition of a perpetual agricultural land
23 preservation easement, as defined in, and in compliance with, the
24 requirements of the Ordinance; and
25 WHEREAS, the City Council has reviewed the proposed terms and
26 conditions of the purchase as evidenced by the Installment Purchase
27 Agreement;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29 OF VIRGINIA BEACH, VIRGINIA:
30 1. The City Council hereby determines and finds that the
31 proposed terms and conditions of the purchase of the Development
32 Rights pursuant to the Installment Purchase Agreement, including
33 the purchase price and manner of payment, are fair and reasonable
34 and in furtherance of the purposes of the Ordinance, and the City
35 Manager or his designee is hereby authorized to approve, upon or
36 before the execution and delivery of the Installment Purchase
37 Agreement, the rate of interest to accrue on the unpaid principal
38 balance of the purchase price set forth hereinabove as the greater
39 of 3.853% per annum or the per annum rate which is equal to the
40 yield on United States Treasury STRIPS purchased by the City to
41 fund such unpaid principal balance; provided, however, that such
42 rate of interest shall not exceed 5.853% unless the approval of the
43 City Council by resolution duly adopted is first obtained.
44 2. The City Council hereby further determines that funding
45 is available for the acquisition of the Development Rights pursuant
46 to the Installment Purchase Agreement on the terms and conditions
47 set forth therein.
48 3. The City Council hereby expressly approves the
2
49 Installment Purchase Agreement and, subject to the determination of
50 the City Attorney that there are no defects in title to the
51 property or other restrictions or encumbrances thereon which may,
52 in the opinion of the City Attorney, adversely affect the City's
53 interests, authorizes the City Manager or his designee to execute
54 and deliver the Installment Purchase Agreement In substantially the
55 same form and substance as approved hereby with such minor
56 modifications, insertions, completions or omissions which do not
57 materially alter the purchase price or manner of payment, as the
58 Ci ty Manager or his designee shall approve. The City Council
59 further directs the City Clerk to affix the seal of the City to,
60 and attest same on, the Installment Purchase Agreement. The City
61 Council expressly authorizes the incurrence of the indebtedness
62 represented by the issuance and delivery of the Installment
63 Purchase Agreement.
64 4. The City Council hereby elects to issue the indebtedness
65 under the Charter of the City rather than pursuant to the Public
66 Finance Act of 1991 and hereby constitutes the indebtedness a
67 contractual obligation bearing the full faith and credit of the
68 City.
69
70 Adoption requires an affirmative vote of a majority of all
71 members of the Ci ty Council.
72
3
73
Adopted by the Council of the City of Virginia Beach,
74 Virginia, on this
day of
, 2006.
CA-I0155
V:\applicationslcitylawprodlcycom32IWpdocsIDO03\POOIIOO023045.DOC
R-l
DATE:November 3, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~Wwkv
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~~fF~
4
CHESAPEAKE BAY
1570-41-4185
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LOCATION MAP Q CJ
ENCROACHMENT REQUEST II:' g 000
FOR JEAN OWENS 0 0
4905 ATHENS BOULEVARD [] 00
GPIN 1570-41-4185 3 0000
D 000000
Prepared by P.W./Eng.lEng. Support Services Bureau 8/14/06
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City
property known as Lake Bradford and a portion of the 100' border of land
owned by the City around Lake Bradford, by property owner Jean J. Owens.
MEETING DATE: December 5,2006
. Background:
Jean J. Owens has requested permission to construct and maintain a pier and
timber bulkhead (35') in a portion of City property known as Lake Bradford and a
portion of the 100' border of land owned by the City around Lake Bradford,
located at the rear of 4905 Athens Boulevard, Virginia Beach, Virginia.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
There are similar encroachments in Lake Bradford.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, 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 ~ t~
City Manage~ \L .qg~
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS LAKE BRADFORD AND A
7 PORTION OF THE 100' BORDER OF
8 LAND OWNED BY THE CITY AROUND
9 LAKE BRADFORD, BY PROPERTY
10 OWNER JEAN J. OWENS
11
12 WHEREAS, Jean J. Owens desires to construct and maintain a
13 pier and timber bulkhead in a portion of the City's property
14 known as Lake Bradford and a portion of the 100' border of land
15 owned by the City around Lake Bradford, located at the rear of
16 4905 Athens Boulevard.
17
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
18 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
19 authorize temporary encroachments upon the City's property
20 subject to such terms and conditions as Council may prescribe.
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof
24 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
25 as amended, Jean J. Owens, her heirs, assigns and successors in
26 title are authorized to construct and maintain temporary
27 encroachments for a pier and timber bulkhead in a portion of the
28 City's property known as Lake Bradford and a portion of the
29 100'border of land owned by the City around Lake Bradford, as
30 shown on the map labeled Exhibit "A" and marked: "BULKHEAD
31 AND PIER FOR: JEAN OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA
32 23455," a copy of which is on file in the Department of Public
33 Works and to which reference is made for a more particular
34 descriptioni and
35
BE IT FURTHER ORDAINED, that the temporary encroachments
36 are expressly subject to those terms, conditions and criteria
37 contained in the Agreement between the City of Virginia Beach
38 and Jean J. Owens
(the "Agreement"), which is attached hereto
39 and incorporated by referencei and
40
BE IT FURTHER ORDAINED, that the City Manager or his
41 authorized designee is hereby authorized to execute the
42 Agreement i and
43
BE IT FURTHER ORDAINED that this Ordinance shall not be in
44 effect until such time as Jean J. Owens and the City Manager or
45 his authorized designee execute the Agreement.
46 Adopted by the Council of the City of Virginia Beach,
47 Virginia,
on
the
day
of
2006.
CA-I0120
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CAI0120 OwenS.doc
v:\applications\citylawprod\cycom32\Wpdocs\D006\P001\00021511.DOC
R-1
PREPARED: 11/15/06
APPROVED AS TO CONTENTS
~lC.~M.
S NATURE
rID RE&J f ttt.Ut
PUBLIC WORKS, REAL ESTATE
2
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.l-811(C) (4)
THIS AGREEMENT, made this 29 day of September, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of
Virginia, Grantor, "City", and JEAN J. OWENS, HER HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as Parcel A, 11,628 square feet, Bayside Borough, as shown on that
certain plat entitled: "SUBDIVISION OF PROPERTY C.W. LANE PARCEL, AS SHOWN ON
BOUNDARY LINE AGREEMENT PLAT BETWEEN C.W. LANE AND STEPHEN P.
BARTLETT CHESAPEAKE PARK BA YSIDE BOROUGH VIRGINIA BEACH, VIRGINIA
SCALE I" = 30'," dated February 1,1992, said plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 221, at page 73, and being further
designated, known, and described as 4905 Athens Boulevard, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain a pier and
timber bulkhead, collectively the "Temporary Encroachment", in the City of Virginia Beach;
GPINS:
Lake Bradford-City Property-No GPIN
100' Border Around Lake Bradford-City Property-No GPIN
1570-41-4185
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of City property known as Lake Bradford and a
portion of the 100' border of land owned by the City around Lake Bradford, located at the rear of
4905 Athens Boulevard, Virginia Beach, Virginia, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City hereby grants 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: llBULKHEAD AND PIER FOR: JEAN
OWENS AT: 4905 ATHENS BLVD VIRGINIA BEACH, VA
23455," a copy of which is attached hereto as Exhibit llA," DATE:
01/07/06 REVISION 05/31/06, and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from
the Encroachment Area in the event of an emergency or public necessity.
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
2
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 construction, location, or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
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.
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 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 oflocal or state taxes.
IN WITNESS WHEREOF, JEAN J. OWENS, the said Grantee, has caused this
Agreement to be executed by her 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
4
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, CITY MANAGER/AUTHORIZED
, 2006, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
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:
5
STATE OF , 0 J
CITY/COUNTY OF 'Jl'~, .'U. ~ tDec~ , to-wit:
The foregoing instrument was acknowledged before me this / Y day of
:'l
() C}vl> €.r'
,2006, by Jean J. Owens.
~.<M -;if /' U-L
Notary Public
My Commission Expires: 3/ YI1 /) 7 20o;Y
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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VIRGINIA BEACH, VA 23455
PH: (757) 477 -4787
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AT: 4905 ATHENS BLVD
VIRGINIA BEACH. VA 234-55
SHEET 1 OF 4
DATE: JAN 7, 2006
REVISION , MAY 3', 2006
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LOT 1: ORlAN RIELEY
LOT 2: WILLIS/SUlTON
MECHANICAL ENGINEERING SERVICES
1297 BRADDOCK AVENUE
VIRGINIA BEACH, VA 23455
PH: (757) 4-77-4787
BULKHEAD AND PIER
FOR: JEAN OWENS
AT: 4905 ATHENS BLVD
VIRGINIA BEACH, VA 23455
SHEET 2 OF 4
DATE: JAN 7, 2006
BULKHEAD DETAILS
SCALE: 1" = 6'
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LOT 1: ORlAN RIELEY
LOT 2: WILLIS/SUTTON
PENETRATION
2 X 10 TIMBER &G SHEET L
MECHANICAL ENGINEERING SERVICES
1297 BRADDOCK AVENUE
VIRGINIA BEACH, VA 23455
PH: (757) 477-4787
BULKHEAD AND PIER
FOR: JEAN OWENS
AT: 4905 ATHENS BLVD
VIRGINIA BEACH, VA 23455
SHEET 3 OF 4
DATE: JAN 7. 2006
SECTION
BULKHEAD
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PIER
SCALE: 1" = 8'
SHEET PILE 75% PENETRATION
MINIMUM BELOW MUD LINE
PROPOSED PIER \,
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CONSTRUCTION MATERIALS:
PIER PILES 507. PENETRATION
MINIMUM BELOW MUD LINE
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2" X 8" NO.2 CROSS TIE, 2.5 PCF SAlT CCA TREATMENT
2" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT
2" X 6" DECKING. 0.25 PCF SALT ACO TRElo,TMENT
BULKHEAD'
2" X 8" NO.2 WALER, 2.5 PCF SALT CCA TREATMENT
4" X 6" NO.2 WALER. 2.5 PCF SALT CCA TREATMENT
2" X 10" T&G SHEETPILE, 2.5 PCF SALT CCA TREATMENT
FILTER CLOTH
HARDWARE:
5/8" LAG THRU-BOLT (HOT DIPPED GALVANIZED)
20d & JOd NAILS (HOT DIPPED GALVANIZED)
PURPOSE: EROSION CONTROL /
ACCESS
DATUM: MLW = 0.00'
A.P.O.'S
SEe M: WILLIAM WALKER
LOT 1: ORlAN RtELEY
LOT 2: WILLIS/SUTTON
MECHANICAL ENGINEERING SERVICES
1297 BRADDOCK AVENUE
VIRGINIA BEACH, VA 23455
PH: (757) 477 -4787
BULKHEAD AND PIER
FOR: JEAN OWENS
AT: 4905 ATHENS BLVD
VIRGINIA BEACH, VA 23455
SHEET 4 OF 4
DATE: JAN 7, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept a Donation of a Vehicle from Progressive Insurance
Company to the Police Department's Detective Bureau
MEETING DATE: December 5, 2006
. Background: The Police Department has leased a used vehicle from
Progressive Insurance Company for an annual fee of $1.00. The vehicle is used by the
Detective Bureau for undercover investigations. Progressive no longer wishes to
continue this lease and would like to donate the vehicle to the Police Department. The
vehicle is in fair condition and has an estimated value of $13,000.
. Considerations: Under the conditions of the previous lease, the Police
Department was responsible for gas, insurance, and maintenance. The acceptance of
this vehicle will add minimal costs to the Police Department's Operating Budget. The
department is fully aware that this vehicle will not be replaced as a part of future budget
processes. When the vehicle is no longer serviceable, it will be sold at auction.
. Public Information: Public information will be provided through the normal
Council agenda process.
. Recommendations: It is recommended that Council accept the donation of this
vehicle, which aids our investigative efforts.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department
City Manager~\ \( · 06 6<"t
1 AN ORDINANCE TO ACCEPT A DONATION OF A VEHICLE
2 FROM PROGRESSIVE INSURANCE COMPANY TO THE
3 POLICE DEPARTMENT'S DETECTIVE BUREAU
4 WHEREAS, Progressive Insurance would like to donate a used
5 vehicle to the Police Department; and
6 WHEREAS, the donated vehicle will be used within the Police
7 Department's Detective Bureau to aid in their investigative
8 efforts; and
9 WHEREAS, the City of Virginia Beach shall not be responsible
10 for the replacement of this vehicle.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
That the donation of a vehicle valued at approximately
14 $13,000 from Progressive Insurance Company is hereby accepted.
15
Adopted by the Council of the City of Virginia Beach,
16 Virginia, on the
day of
, 2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
8 'UJ r~'\{
l" '
I "''':'
-' 0/'.1' G.. _ / I, \
!
Management Services
~~~~
CA10216
V:\applications\citylawprod\cycom32\Wpdocs\D021\P001\OO023753.DOC
R-2
November 21, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $500,000 from the Federal Emergency
Management Agency to the Fire Department's FY 2006-07 Operating Budget for
a FEMA Deployment Related to Hurricane Ernesto
MEETING DATE: December 5, 2006
. Background: The City of Virginia Beach is the sponsoring agency for Virginia
Task Force 2, FEMA Urban Search and Rescue Team ("VA-TF2"). The Fire
Department serves as the administrator of VA-TF2. VA-TF2 was activated on August
28, 2006 to travel to the state of Florida in anticipation of needed search and rescue
assistance with the approach of Hurricane Ernesto. The team returned home and
demobilized on August 31. Upon activation and deployment, FEMA provides funding to
reimburse participants for equipment, supplies and overtime supporting this event.
. Considerations: As the sponsoring agency, the City of Virginia Beach is
responsible for administrative and fiscal management of the team and its assets.
Consistent with previous deployments, FEMA had authorized the reimbursement of all
eligible expenses related to activation, mobilization, deployment and demobilization of
the Team.
. Public Information: Public Information will be handled through the normal
Council agenda process.
. Recommendations: Accept and appropriate $500,000 to cover expenses of
VA-TF2 for its Hurricane Ernesto deployment.
. Attachments: Ordinance
Recommended Action: Approve and appropriate $500,000.
Submitting Department/Agency: Fire Department
CityManage~IL .~~
1
2
3
4
5
6
7
8
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$ 5 00 , 000 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO THE FIRE
DEPARTMENT'S FY 2006-07 OPERATING BUDGET
FOR A FEMA DEPLOYMENT RELATED TO
HURRICANE ERNESTO
WHEREAS, the Federal Emergency Management Agency (FEMA)
9 issued an alert order for members of the FEMA Virginia Task-
10 Force 2 Urban Search and Rescue for deployment and has approved
11 $500,000 in reimbursement costs for expenses related to
12 Hurricane Ernesto.
13
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 That $500,000 in federal funds is hereby accepted from the
16 Federal Emergency Management Agency and appropriated to the Fire
17 Department's FY 2006-07 Operating Budget for costs associated
18 with the deployment of members of the urban search and rescue
19 team, with federal revenue increased accordingly.
20
Accepted 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:
"-
, /wru t K. ftLv.
city Attorney' OffIce
CAI0217
V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\OO023773.DOC
R-3
November 29, 2006
K. PLANNING
1. Application of KEMPSVILLE CHURCH OF CHRIST for a Modification of
Conditional Use Permit re a church expansion and the location of their parsonage at 5424
Parliament Drive (approved by City Council on July 2,2002).
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
2. Application of the CITY OF VIRGINIA BEACH PUBLIC SCHOOLS for a
Conditional Use Permit re replacement ofthe existing buildings with a new Secondary
Alternative Education Academy Complex at 233 North Witchduck Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of CARPENTER'S HOUSE MINISTRIES for a Conditional Use Permit re
use of an existing building as a church at 980 Broad Meadows Boulevard.
DISTRICT 4 - BA YSIDE
RECOMMENDATION
APPROVAL
4. Application of HOLLAND ROAD BAPTIST CHURCH for a Conditional Use Permit
for a church at 4881 Euclid Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of ROBERTA MADDOX for a Conditional Use Permit re an outdoor
recreational facility (skateboard ramp) at 519 Delaware Avenue.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
6. Application ofPAYKAN, INC. for a Conditional Use Permit re existing motor vehicle
sales facility expansion at 234 North Witchduck Road. (Conditional zoning approved by
City Council February 27,2000)
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
7. Application ofT-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
wireless communications monopole tower and antennas to accommodate three (3)
wireless carriers) at 136 South Lynnhaven Road.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
PUBLIC HEARING
.. Virginia Beach City Council will meet in the Chamber
at CitY Hall, Municipal Center, 2401 Courthouse
Drive, Tuesday. December 5. 2006. at 6:00
D.m. The following applications will be heard:
DISTRICT 2 - KEMPSVILLE
Holland Road Baptist Church Application: Condi-
tional Use Permit for a church at 4881 Euclid Road
(GPIN 1477129282).
City of Virginia Beach Public Schools Application:
Conditional Use Permit for public schools, colleges
and universities at 233 North Witchduck Road (GPIN
1467758167 - portion of).
Paykan, Inc. Application: Conditional Use Permit for
motor vehicle sales at 234 North Witchduck Road
(GPIN 1l467853076).
Kempsville Church of Christ Application: Modifica-
tion of Conditions at 5424 Parliament Drive (GPIN
1467431335).
DISTRICT 6 - BEACH
T-Mobile Northeast, L.L.C. Application: Conditional
Use Permit for a communications tower on property
located at 136 South Lynnhaven Road (GPIN
. 1497532817).
Roberta Maddox Application: Conditional Use Per-
mit for a recreational facility of an outdoor nature
(skateboard ramp) at 519 Delaware Avenue (GPIN
2427039631).,
DISTRICT 4 - SA YSIDE
Carpenter's House Ministries Application: Condi-
tional Use Permit for a church at 980 Broad Mead-
ows Boulevard (GPIN 1468645411).
All interested citizens are invited to attend.
a-r~-/~
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning or online at
http://www.vbl!ov.com/deDt/Dlanninl!/boards/pc
L For information call 385-4621.
If you are physically disabled or visualiy
impaired and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at
385-4303.
Beacon Nov. 19 & 26, 2006
16128237
- 45-
Item V-J.B.
PLANNING
ITEM # 49897 (Continued)
Voting
10-0 (By Consent)
Counctl Members Voting Aye
Margaret L Eure, LoutS R Jones, Reba S McClanan, Rzchard A
Maddox, Mayor Meyera E Oberndcrf, Jim Reeve, Peter W Schmidt, Ron
A Vzllanueva, Rosemary Wtlson and James L Wood
Counctl Members Voting Nay
None
Counczl Members Abstazmng
Vice Mayor Robert C Mandigo. Jr
Council Members Absent
None
Vice Mayor Mandigo ABSTAINED as he was appointed Assistant Treasurer of the Carolanne SWIm Club
July 2, 2002
- 44-
Item V-J.8.
PLANNING
ITEM # 49897
Upon motion by Vice Mayor Mandigo. seconded by Councl117UUl Jones. City Council ADOPTED an
Ordinance upon applzcatlOn of KEMPSVILLE CHURCH OF CHRIST for a Conditional Use Permit
ORDINANCE UPON APPliCATION OF KEMPSVILLE CHURCH OF
CHRIST FOR A CONDmONAL USE PERMIT FOR A CHURCH
R070231040
BE IT HEREBY ORDAINED BY mE COUNCIL OF mE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Applzcatlon of KempSVille Church of ChrISt for a
Condztlonal Use Pennu for a church at the northwest corner of
Parltament Drive and Yoder Lane (GPIN #/467-43-1228, #1467-43-
2568) Said parcel IS located at 5424 Parlzament Drive and contazns
4 539 acres DISTRICT 2 - KEMPSVILLE
The followzng COndltzOns shall be requtred
I The exlStzng property lme that separates the exlStzng church
property from Lot J of "Yoder Estates" (also owned by the church)
shall be vacated and a new plat put to record prIOr to the
approval of the final SUe plan
2 The architectural style. buzldzngmatenals. andcolorsofthe 3, 750
square foot classroom addition, the 3,600 square foot classroom
addition and the 14.300 family life center shall be substantially
stmllar to the architectural style, bUlldzng materzals, and colors
of the exlStzng structures on the szte The elevations of these
additiOns shall be reviewed and approved by the Planmng
Director prior to the ISsuance of a buddmg permit
3 Category I (evergreen shrubs) shall be Installed along the north
property lme between Lots I and 2 of Yoder Estates and along the
property lme behznd the proposed parsonage adjacent to the
Carolanne Swzm Club property as depleted on the concept plan
entitled "KempSVille Church of Chnst, Prell11unary Site Plan, "
prepared by The Spectra Group, dated February /4, 2002
4 The proposed storage bUlldmg shall be no wrger than 1,000
square feet and shall be located on the sUe so that II IS no closer
than twenty (20) feet from the western property lzne The garage
doors of the storage buddzng (the 25 foot wuie Side) shall be
accessed vta the proposed parlang area thereby elzmznatzng the
need for an addztlOnal driveway on the proposed parsonage sue
All garage style doors of the storage buddzng shall face the
exlStmg church property
5 EvergreenfoundatlOn landscapzng, a mlmmum 18 znches zn height
at the time of plantzng and three (3) feet on center, shall be
Installed along the storage bUlldzngfacade that faces Yoder Lane
Thzs Ordznance shall be effective zn accordance With SectIOn 107 (f) of the Zomng Ordmance
Adopted by the CounCil of the City ofVlrgzma Beach, Vlrgzma, on the Second of July, Two Thousand Two
July 2, 2002
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Kempsville Church of Christ for a Modification of Conditions
of a Use Permit for a church expansion, granted by City Council on July 2,2002,
on property located at 5424 Parliament Drive (GPIN 1467431335). DISTRICT 2-
KEMPSVILLE
MEETING DATE: December 5,2006
. Background:
The Conditional Use Permit permitting additions to the church was approved by
the City Council on July 2, 2002. That request consisted of three (3) additions
that included two (2) classrooms (eastern addition of 3,750 square feet and a
western addition of 3,600 square feet), a 14,300 square foot family life center,
and 112 new parking spaces. In addition, the church incorporated Lot 1 of
"Yoder Estates" into their property with the intention of constructing a new
parsonage and a 1,000 square foot storage building. The Conditional Use Permit
has five (5) conditions.
. Considerations:
Condition 2 of the 2002 Use Permit specifies the size of the additions and,
because of that, the layout of the site. A modification of the condition is
necessary because the existing parsonage that was proposed to be demolished
will now remain in its current location, and the site layout has changed slightly
due to this. Since the parsonage will remain where it currently exists, the parking
lot must be configured differently to account for this modification. Condition 3
references placement of landscaping in terms of the then proposed parsonage
site and Condition 4 requires access for the storage building via the proposed
parsonage site. As the applicant has decided to keep the existing parsonage in
its current location, these conditions are no longer appropriate as worded.
The property to the north is vacant but is zoned residential. Originally, a new
parsonage was proposed to be constructed along the northern portion of the site,
adjacent to the residentially properties. The revised site layout depicts the
existing parsonage remaining in its current location, the construction of parking
spaces, and the construction of a 25 foot by 40 foot storage building along the
northern portion of the site. A reduction in the size of the future Family Life
Center and in the number of parking spaces shown on the approved plan will be
required in order for the existing parsonage to remain. The 14,300 square foot
Family Life Center was approved in 2002. The current plan depicts a 10,400
square foot Family Life Center. There are 840 seats within the existing sanctuary,
necessitating 168 parking spaces. The concept plan depicts 214 parking spaces,
still well above the minimum requirement. Category I landscaping is depicted
Kempsville Church of Christ
Page 2 of 3
along this portion of the northern property line to aid in screening the parking lot
and storage building.
The Planning Commission placed this item on the consent agenda because the
request consists of an acceptable reconfiguration of the plan for an existing
church and proposed additions, the proposed modifications do not unduly affect
the adjacent community, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to .
approve this request with the following conditions:
1. All conditions with the exception of Number 2, Number 3 and Number 4
attached to the Conditional Use Permit granted by the City Council on July 2,
2002, shall remain in affect.
2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted
and replaced with the following:
The architectural style, building materials, and colors of the 10,400 square
foot Family Life Center and the Storage Building, as depicted on the plan
entitled, "Kempsville Church of Christ, Preliminary Site Plan", prepared by
The Spectra Group, dated June 2, 2006, shall be substantially similar to the
architectural style, building materials, and colors of the existing structures on
the site. The elevations of these additions shall be reviewed and approved by
the Planning Director prior to the issuance of a building permit.
3. Condition Number 3 of the July 2, 2002, Conditional Use Permit is deleted
and replaced with the following:
Category I (evergreen shrubs) shall be installed along the north property line
between Lots 1 and 2 of Yoder Estates and along the west property line
behind the proposed storage building, adjacent to the Carolanne Swim Club
property as depicted on the concept plan entitled "Kempsville Church of
Christ, Preliminary Site Plan," prepared by The Spectra Group, dated June 2,
2006.
4. Condition Number 4 of the July 2, 2002, Conditional Use Permit is deleted
and replaced with the following:
The proposed storage building shall be no larger than 1,000 square feet and
shall be located on the site so that it is no closer than twenty (20) feet from
the western property line. The garage doors of the storage building (the 25
foot wide side) shall be accessed via the proposed parking area thereby
eliminating the need for an additional driveway on Yoder Lane. All garage
style doors of the storage building shall face the existing church property.
Kempsville Church of Christ
Page 3 of 3
5. The stormwater management plan shall be updated and submitted to the
Development Services Center during final site plan review for water quantity
and quality in accordance with the Public Works Specifications and Standards
to include all new development and existing conditions. The storm water
management plan shall provide protection from detrimentally impacting all
downstream receiving storm drain systems.
. 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: Q Y-'d6~ ~~
KEMPSVILLE
CHURCH OF
CHRIST
Agenda Item 5
November 8, 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of the Conditional Use Permit
for a church, approved by the City Council
on July 2, 2002, requesting revision of the approved site plan.
ADDRESS I DESCRIPTION: Property located at 5424 Parliament Drive.
GPIN:
14674313350000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
4.539 acres
SUMMARY OF REQUEST
The Conditional Use Permit permitting additions to the church
was approved by the City Council on July 2,2002. That
request consisted of three (3) additions that included two (2) classrooms (eastern addition of 3,750
square feet and a western addition of 3,600 square feet), a 14,300 square foot family life center, and 112
new parking spaces. In addition, the church incorporated Lot 1 of "Yoder Estates" into their property with
the intention of constructing a new parsonage and a 1,000 square foot storage building. The Conditional
Use Permit has five (5) conditions:
1. The existing property line that separates the existing church property from Lot 1 of "Yoder
Estates" (also owned by the church) shall be vacated and a new plat put to record prior to the
approval of the final site plan.
2. The architectural style, building materials, and colors of the 3,750 square foot classroom addition,
the 3,600 square foot classroom addition and the 14,300 square foot family life center shall be
substantially similar to the architectural style, building materials, and colors of the existing
structures on the site. The elevations of these additions shall be reviewed and approved by the
Planning Director prior to the issuance of a building permit.
KEMPSVILLE CHURCH OF CHRIST
Agenda ItemS
l?ag'~ .1
3. Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and
2 of Yoder Estates and along the property line behind the proposed parsonage adjacent to the
Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of
Christ, Preliminary Site Plan," prepared by The Spectra Group, dated February 14, 2002.
4. The proposed storage building shall be no larger than 1,000 square feet and shall be located on
the site so that it is no closer than twenty (20) feet from the western property line. The garage
doors of the storage building (the 25 foot wide side) shall be accessed via the proposed parking
area thereby eliminating the need for an additional driveway on the proposed parsonage site. All
garage style doors of the storage building shall face the existing church property.
5. Evergreen foundation landscaping, a minimum 18 inches in height at the time of planting and
three (3) feet on center, shall be installed along the storage building fac;ade that faces Yoder
Lane.
Condition 2 specifies the size of the additions and, because of that, the layout of the site. A modification
of the condition is necessary because the existing parsonage that was proposed to be demolished will
now remain in its current location, and the site layout has changed slightly due to this. Since the
parsonage will remain where is currently exists, the parking lot must be configured differently to account
for this modification. Condition 3 references placement of landscaping in terms of the then proposed
parsonage site and Condition 4 requires access for the storage building via the proposed parsonage site.
As the applicant has decided to keep the existing parsonage in its current location, these conditions are
no longer appropriate as worded.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church and parsonage with parking lot
SURROUNDING LAND
USE AND ZONING:
North:
. Vacant, single-family dwellings, swim club I R-1 0 Residential
District
. Parliament Drive, single-family dwellings I R-1 0 Residential
District
. Elementary school I R-1 0 Residential District
. Open space, multifamily I PD-H2 Planned Development District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed. The majority of the
site is impervious although the vacant area is grassed. There do not
appear to be any significant environmental features on the site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
KEMPSVILLE CHURCH OFCHR'IST
Agenda HeJr5
Pa9~?
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Parliament Drive in the vicinity of this application is a two (2) lane undivided residential collector. There
are no long term plans for this road in the current MTP.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Parliament Drive 5,063 ADT I 6,200 ADT 1 (Level of Existing Land Use"-
Service "C") - 9,900 ADT 1 379 ADT weekday
(Level of Service "D") 1 ,526 ADT Sunday
Proposed Land Use 3 -
344 ADT weekday
1,383 ADT Sunday
Average Dally Tops
2 as defined by 41,650 square foot church
3 as defined by 37,750 square foot church, reduction of 3,900 square feet
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Evaluation:
The property to the north is vacant but is zoned residential. Originally, a new parsonage was proposed to
be constructed along the northern portion of the site, adjacent to the residentially properties. The revised
site layout depicts the existing parsonage to remain, additional proposed parking, and a 25 foot by 40 foot
storage building along the northern portion of the site. A reduction in the size of the yet to be built Family
Life Center and in the number of parking spaces shown on the approved plan will be required in order for
the existing parsonage to remain. The 14,300 square foot Family Life Center was approved in 2002. The
current plan depicts a 10,400 square foot Family Life Center. There are 840 seats within the existing
sanctuary, necessitating 168 parking spaces. The concept plan depicts 214 parking spaces, still well
above the minimum requirement. Category I landscaping is depicted along this portion of the northern
property line to aid in screening the parking lot and storage building.
CONDITIONS
1. All conditions with the exception of Number 2, Number 3 and Number 4 attached to the Conditional
Use Permit granted by the City Council on July 2, 2002, shall remain in affect.
KEMPSVILLE CHURCHOF CHRIST
Agendalt@1]1S
Pag~ 3
2. Condition Number 2 of the July 2, 2002, Conditional Use Permit is deleted and replaced with the
following:
The architectural style, building materials, and colors of the 10,400 square foot Family Life Center and
the Storage Building, as depicted on the plan entitled, "Kempsville Church of Christ, Preliminary Site
Plan", prepared by The Spectra Group, dated June 2,2006, shall be substantially similar to the
architectural style, building materials, and colors of the existing structures on the site. The elevations
of these additions shall be reviewed and approved by the Planning Director prior to the issuance of a
building permit.
3. Condition Number 3 of the July 2,2002, Conditional Use Permit is deleted and replaced with the
following:
Category I (evergreen shrubs) shall be installed along the north property line between Lots 1 and 2 of
Yoder Estates and along the west property line behind the proposed storage building, adjacent to the
Carolanne Swim Club property as depicted on the concept plan entitled "Kempsville Church of Christ,
Preliminary Site Plan," prepared by The Spectra Group, dated June 2, 2006.
4. Condition Number 4 of the July 2,2002, Conditional Use Permit is deleted and replaced with the
following:
The proposed storage building shall be no larger than 1,000 square feet and shall be located on the
site so that it is no closer than twenty (20) feet from the western property line. The garage doors of the
storage building (the 25 foot wide side) shall be accessed via the proposed parking area thereby
eliminating the need for an additional driveway on Yoder Lane. All garage style doors of the storage
building shall face the existing church property.
5. The stormwater management plan shall be updated and submitted to the Development Services
Center during final site plan review for water quantity and quality in accordance with the Public Works
Specifications and Standards to include all new development and existing conditions. The stormwater
management plan shall provide protection from detrimentally impacting all downstream receiving
storm drain systems.
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 and Standards.
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.
KEMPSVILLE CHURCHOF CHRIST
Agendaltefrl 5
P~~~4
AERIAL OF SITE LOC~ll0N,
KEMPSVILLE CHURCHOF CHRIST
Agendalt~l"n 5
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KEMPSVILLE CHURCHOF CHalST
Agendalt~rn 5
Page 6
M~pkf.~f tfs~ 1~
I-I
i-- -
1 09-22-98 STREET CLOSURE Granted
2 05-29-90 CUP (substation expansion) Granted
3 07-02-02 CUP (church additions) Granted
07-13-87 CUP (church)
4 04-09-84 SUBDIVISION VARIANCE Granted
5 12-13-82 CHANGE OF ZONING (R-5 Residential Granted
District to P-1 Preservation District)
6 09-27-82 CHANGE OF ZONING (R-5 Residential Granted
District to R-8 Residential District with
PD-H2)
ZONING HISTORY
KEMPSVILLE CHURGHOF CHRIST
Agenda Item 5
Pag~7
Item #5
Kempsville Church of Christ
Modification of Conditions
5424 Parliament Drive
District 2
Kempsville
November 9,2006
CONSENT
Janice Anderson: The next matter is Kempsville Church of Christ. It is an application
for Modifications to a Conditional Use Permit that was approved on property located .at
5424 Parliament Drive in the Kempsville District. Is there a representative?
Chris Taylor: Chris Taylor with the Spectra Group representing the applicant.
Janice Anderson: Have you reviewed the five conditions that have been placed and are
they acceptable?
Chris Taylor: Yes. They are.
Janice Anderson: Thank you very much. Is there any opposition to this item being
placed on the consent agenda? The Chairman has asked Henry Livas to review this
matter.
Henry Livas: The Modification of the Conditional Use Permit for a church previously
was approved by the City Council on July 2, 2002. Originally, a new parsonage was
proposed and was to be constructed along the northern portion of the site. This
modification request is required since the revised site layout depicts the existing
parsonage to remain. Additional parking in a 25 foot by 40 foot storage building along
the northern portion of the site. The 14,400 family life center remains in the revised
project, also the new classrooms remain in the project. The architectural style building
materials and colors will be substantially similar to the existing structures on the site.
Therefore, we recommend approval of the requested modification of the existing
Conditional Use Permit.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item
#5 for consent.
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
Item #5
Kempsville Church of Christ
Page 2
BERNAS
CRABTREE
HENLEY
KATSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item #5 for consent.
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KE.MPSVILLE. C\-\I.lRC!,OI' c\-\I1'JS
p..genda \tetn
e~gE
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of the City of Virginia Beach Public Schools for a Conditional
Use Permit for replacement of the existing buildings located at 233 North
Witchduck Road with a new Secondary Alternative Education Academy Complex
(GPIN 1467758167 - portion of). DISTRICT 2 - KEMPSVILLE
MEETING DATE: December 5, 2006
. Background:
This site has been utilized as a school since 1938, when it was first established
as the Princess Anne County Training School by a group of parents who wanted
to give their children an education that was denied to African-Americans by white
county officials. This school later became the Union Kempsville High School.
After Virginia Beach City Public Schools integrated, the building was altered to
accommodate other school division needs. Currently, a portion of the structure
houses the School Plant and the Center for Effective Learning, a middle school
alternative.
. Considerations:
The applicant proposes to demolish the existing buildings and parking on the
south portion of the parcel. The various buildings on the north side of the site will
remain. A new two-story 285,750 square foot Secondary Alternative Education
Academy Complex will be constructed on the site. The facility will house a middle
school and high school along with various other school programs. The complex
will have two separate bus loading areas, parking for 305 cars, a general-
purpose outdoor physical education area, and two greenhouses. Approximately
120 employees will staff the new building. The hours of operation will be from
7:00 am until 9:00 pm, Monday through Friday.
The site has historical significance, particularly with the African-American
community. Thus, a committee consisting of graduates of Union Kempsville High
School, local historians, educators and school system personnel met for several
months to plan how best to recognize the contributions of the schools and its
graduates. With input from the committee, design professionals have included in
the plans for the new school a replica of the Union Kempsville auditorium and an
exhibit area to pay tribute to Union Kempsville High School.
The proposal is in conformance with.the Comprehensive Plan's
recommendations for this area. The use permit will allow modernization of the
facilities on the site and provide improved recognition of the historical
significance of Union Kempsville High School.
City of Virginia Beach Public Schools
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
new facility will provide modern amenities to the students while highlighting the
historical roots of the site, the proposal is consistent with the Comprehensive
Plan's recommendations, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
site plan entitled "Virginia Beach Alternative Education Facility Preliminary
Site Plan" dated 01 Sept 06, prepared by McKim & Creed. Said plan has
been exhibited to the Virginia Beach City Council and is on file in the Virginia
Beach Planning Department.
2. The building shall be constructed substantially in accordance with the
submitted schematic elevations entitled "Alternative Education School Virginia
Beach City Public Schools" dated 10-16-06, prepared by Rodriguez Ripley
Maddux Motley Architects. Said plan has been exhibited to the Virginia Beach
City Council and is on file in the Virginia Beach Planning Department.
3. A photometric (lighting) plan is to be submitted and approved during the City
of Virginia Beach plan review process. All fixtures shall be of an appropriate
height and design so as to prevent any direct reflection or glare towards
adjacent uses and city streets. Lighting should be directed down at the
ground and not horizontally or up in the air.
. 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~) K- dell"1.
CITY OF VIRGINIA
BEACH PUBLIC
SCHOOLS
Agenda Item 8
November 8, 2006 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for a public school.
ADDRESS I DESCRIPTION: Property located at 233 North Witchduck Road.
GPIN:
14677581670000 portion of
COUNCil ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
27.23 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to redevelop
this site for the purpose of constructing a new Secondary
Alternative Education Academy Complex.
This site has been utilized as a school since 1938, when it was first established as the Princess Anne
County Training School by a group of parents who wanted to give their children an education that was
denied to African-Americans by white county officials. This school later became the Union Kempsville
High School. After Virginia Beach City Public Schools integrated, the building was altered to
accommodate other school division needs. Currently, a portion of the structure houses the School Plant
and the Center for Effective Learning, a middle school alternative.
The applicant is proposing to demolish the existing buildings and parking on the south portion of the
parcel. The various buildings on the north side of the site will remain. A new two-story 285,750 square
foot Secondary Alternative Education Academy Complex will be constructed on the site. The facility will
house a middle school and high school along with various other school programs. The complex will have
two separate bus loading areas, parking for 305 cars, a general-purpose outdoor physical education area,
and two greenhouses. Approximately 120 employees will staff the new building. The hours of operation
will be from 7:00 am until 9:00 pm, Monday through Friday.
As noted above, this site has historical significance, particularly with the African-American community.
Thus, a committee consisting of graduates of Union Kempsville, local historians, educators and school
system personnel met for several months to plan how best to recognize the contributions of the schools
and its graduates. With input from the committee, design professionals have included in the plans for the
CITY OF VIRGINIA BEACH PUBLIC SCHOOL
Agenda I tern 8
PCiQe 1
new school a replica of the Union Kempsville auditorium and an exhibit area to pay tribute to Union
Kempsville High School.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Retail shops / B-2 Community Business District
. Across Cleveland Street, bank / I -1 Light Industrial District
. Across Witchduck Road, auto sales / 1-1 Light Industrial District
. Industrial and office uses / I -1 Light Industrial District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site consists of an alternative school with athletic field
and parking areas. There are no natural resources on this site. This site
has a historic marker commemorating the legacy of Virginia Beach's only
school for African-Americans.
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): North
Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial.
The Master Transportation Plan proposes a six-lane divided facility within a 130 foot right-of-way. A
Capital Improvement Program project is slated for this area (CIP No. 2-025). The Witchduck Road
Phase II project involves the improvement of Witchduck Road from 1-264 to Virginia Beach Boulevard,
creating a six-lane divided facility with aesthetic improvements. Currently, construction is scheduled
between 7/2012 and 7/2014.
Cleveland Street in the vicinity of this application is considered a two-lane undivided local street. A
portion of this roadway will also be affected by the Witchduck Road Phase II project.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
N Witchduck 43,865 ADT 1 14,800 ADT 1 (Level of Existing Land Use"-
Road Service "C") 1 ,969 ADT
22,800 ADT 1 (Level of Proposed Land Use 3 -
Service "D") / capacity 3,811 ADT
27,400 ADT 1 (Level of 651 Peak Hour Vehicles
Service "E") (entering)
Cleveland Street 6,609 ADT 1 6,200 ADT (Level of 407 Peak Hour Vehicles
Service "C") - (exiting)
9,900 ADT 1 (Level of
Service "D") / capacity
-"
CITY OF VIRGINIA BEACH PUBUC SCHOOL
Agenda Item 8
Page 2
1 Average Daily Trips
2 as defined by existing school
3 as defined by middlelhigh school
Within the current design plans for the Witchduck Road Phase II CIP, the site entrance located on Witchduck
Road will be restricted from a full-access entrance to a right-in/right-out entrance only. There is a provision to
incorporate a left-in-only movement from northbound Witchduck Road within the current CIP design; however,
this movement was only allowed to accommodate the existing parking lot layout. With the reconstruction of
the school site, the median opening will be closed completely.
WATER: This site has an existing 4-inch water meter (Meter #01163469) that may be used or upgraded.
There is a 12-inch City water main on Cleveland Street and an 8-inch City water main on Witchduck Road.
SEWER: This site connects to City sanitary sewer. Analysis of Pump Stations # 352,257 or 356 (dependent
upon the connection point) and the sanitary sewer collection system is required to ensure future flows can be
accommodated. There is an 8-inch City sanitary sewer gravity main on Cleveland Street and an 8-inch City
sanitary sewer gravity main at the intersection of Cleveland Street and Witchduck Road. There is a 10-inch
City sanitary sewer gravity main along Witchduck Road near the intersection of Virginia Beach Boulevard.
PARKS & RECREATION: Coordination between the Department of Parks and Recreation and the School
Administration is necessary for a smooth transition of programs and user groups during the development of
this proposed facility.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The request for a public school at this existing school site does not present any land use concerns that
depart from the Comprehensive Plan policies established for this portion of Strategic Growth Area 4,
specifically, the West Pembroke sub-area.
Evaluation:
This proposal is in conformance with the Comprehensive Plan's recommendations for this area. The use
permit will allow modernization of the facilities on the site and an improved recognition of the historical
significance of Union Kempsville High School.
CONDITIONS
1 . The site shall be developed substantially in accordance with the submitted site plan entitled "Virginia
Beach Alternative Education Facility Preliminary Site Plan" dated 01 Sept 06, prepared by McKim &
Creed. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia
Beach Planning Department.
2. The building shall be constructed substantially in accordance with the submitted schematic elevations
entitled "Alternative Education School Virginia Beach City Public Schools" dated 10-16-06, prepared
by Rodriguez Ripley Maddux Motley Architects. Said plan has been exhibited to the VirgiRia8e~cb.
CITY OF VIRGINIA BEACH PUBUC SCHOOL
Agendalter-n8
PageS
City Council and is on file in the Virginia Beach Planning Department.
3. A photometric (lighting) plan is to be submitted and approved during the City of Virginia Beach plan
review process. All fixtures shall be of an appropriate height and design so as to prevent any direct
reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the
ground and not horizontally or up in the air.
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 and Standards.
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.
CITY OF VIRGINIA BEACH PUBLIC SCHOOL
Agendaltetn8
Pag~.4
AERIAL OF SITE LOCA tIOl'f, '
CITY OF VIRGINIA BEACH PUBLIC SCHOOL
Agenda Itern 8
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Agenda lt~rn8
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PROPOSED SITE PLAN
CITY OF VIRGINIA BEACH PUBLIC SCHOOL
Agenda Jterp8
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1 02/12/02 Conditional Use Permit (communications tower) Granted
03/14/00 Street Closure Granted
Conditional Use Permit (automobile sales/ service)
2 02/22/00 Conditional RezoninQ from 1-1 to B-2 Granted
3 02/01/00 Conditional Use Permit communications tower) Granted
4 09/28/99 Conditional Use Permit automobile sales/ service) Granted
5 06/09/98 Conditional Use Permit communications tower) Granted
6 03/14/95 Extension of a nonconforming use Granted,
7 06/09/92 Conditional Use Permit (recreational vehicle sales, Granted
service & storage)
8 11/13/90 Conditional Use Permit (expansion of new & used Granted
automobile sales)
9 03/26/90 Conditional Use Permit automobile sales/ service) Granted
10 06/27/88 Street Closure Granted
ZONING HISTORY
CITY OF VIRGINIA BEACH PUBLIC SCHOOL
Agenda Item 8
Page. 9
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O\SCLOSURE S"A,.~~Q"I
crn Of "1f\GINII\ BE.I\CrI PUBLIC \,!CrlOOI
Agenda \tef(\:
Pa..ge ~
Item #8
City of Virginia Beach Public Schools
Conditional Use Permit
233 North Withduck Road
District 2
Kempsville
November 8,2006
CONSENT
Janice Anderson: The next matter is agenda item #8, which is the City of Virginia Beach
Public Schools. This is for a Conditional Use Permit for public school located on
property at 233 North Witchduck Road in the Kempsville District. Welcome.
Tony Arnold: Good afternoon. I'm Tony Arnold, Director of Facilities for the School
Division. We are familiar with the conditions and accept it. I'm very excited about this
project.
Janice Anderson: Thank you Mr. Arnold.
Tony Arnold: Thank you.
Janice Anderson: Is there any opposition to this application being placed on the consent
agenda? The Chairman has asked Henry Livas to review this matter.
Henry Livas: This request is for a Conditional Use Permit for a new secondary
Alternative Education Academy Complex. The site has been utilized as a school since
1938, when it was established to give African-American children an education that had
previously been denied by white county officials. The school later became the Union
Kempsville High School. The project will provide a new two-story 285,750 square foot
school on the site after demolition of existing buildings on the south portion of the site.
The facility will house a middle school and a high school along with various other school
programs. The project will include a replica of the Union Kempsville Auditorium and an
exhibit area in recognition of the sites historic significance. Therefore, we recommend
approval of the Conditional Use Permit.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item
# 8 for consent.
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
Item #8
City of Virginia Beach Public Schools
Page 2
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item #8 for consent.
\ \
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Cup for Church
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Carpenter's House Ministries for a Conditional Use Permit
for re-use of an existing building as a church on property located at 980 Broad
Meadows Boulevard (GPIN 1468645411). DISTRICT 4 - BAYSIDE
MEETING DATE: December 5,2006
. Background: .
The applicant requests a Conditional Use Permit to allow redevelopment of the
site for a church. The existing building was built in 1990 and contains 6,133
square feet. It was previously used as a bar and restaurant.
. Considerations:
Church services will be conducted on Sunday from 10:30 am to 12:30 pm,
Wednesday evenings from 7:00 pm to 9:00 pm, and one Saturday a month from
12:00 pm to 2:00 pm. There are currently 75 members in the church. There is
ample parking to support the use. One employee will be on site daily. No
changes will be made to the building.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area and with the adjacent residential neighborhoods
and business areas. The use provides a welcome redevelopment of this site for a
use more compatible in nature to the adjacent residential community than the
previous one.
The Planning Commission placed this item on the consent agenda because the
church use is consistent with the recommendations of the Comprehensive Plan,
there was no opposition to the request, and the proposed use is more compatible
to the adjacent residential areas than the use that previously occupied the site.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following condition:
All necessary alteration permits and a certificate of occupancy for the
change of use shall be obtained from the Department of Planning /
Permits and Inspections Division before occupancy and use of the building
for a church.
Carpenter's House Ministries
Page 2 of 2
. 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~\' \L, 6z3~
CARPENTER'S
HOUSE
MINISTRIES
Agenda Item 7
November 8, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for reuse of an existing
building for a church
r'lr;"::'~:::~~;:,
i ipD-H2 ;
I (A-12) "
\~~(~~.~~~~~:.. '
PD-H2 (A-12)
R-IO
ADDRESS I DESCRIPTION: Property located at 980 Broad Meadows Boulevard
GPIN:
14686454110000
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
26,500 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
redevelopment of the site for church. The existing building was
built in 1990 and contains 6,133 square feet. It was previously used as a bar and restaurant. It is the
applicant's intent to occupy the building as a church. Church services will be conducted on Sunday from
10:30 am to 12:30 pm, Wednesday evenings from 7:00 pm to 9:00 pm, and one Saturday a month from
12:00 pm to 2:00 pm. There are currently 75 members in the church. There is ample parking to support
the use. One employee will be on site daily.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A vacant building - previously the Par Five Bar and Grill.
SURROUNDING LAND
USE AND ZONING:
North: .
.
South: .
East: .
West: .
.
Wesleyan Drive
Across Wesleyan Drive is the Traditions at Cypress Point / PD-
H2 (R-5D)
Hillcrest East Apartments / A-18 Apartment
Future Southmoor Village of Ridgley Manor / PD-H2 (A-12)
Broad Meadows Boulevard
Across Broad Meadows Boulevard are Hillcrest Nqrthand
CAPENTER'S HOUSEMINISTRIES
Agenda Item 7
Page 1
Carriage House Apartments / A-18 Apartment
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with the 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):
Broad Meadows Boulevard is a two-lane undivided residential collector. Traffic Engineering does not
anticipate any adverse impacts to traffic flow as a result of this request.
WATER and SEWER: This site is connected to City water and sewer.
SCHOOLS: School population is not directly affected by the request.
Recommendation:
Staff recommends approval of this
request with the condition below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map designates this site as being within the Primary Residential Area. The
Comprehensive Plan recognizes limited commercial or institutional activities providing desired goods or
services to residential neighborhoods are considered acceptable uses within this area.
Evaluation:
The proposal is in conformance with the Comprehensive Plan's recommendations for this area and with
the adjacent residential neighborhoods and business areas. The use provides a welcome redevelopment
of this site for a use more compatible in nature to the adjacent residential community than the previous
one.
CONDITIONS
1. All necessary alteration permits and a certificate of occupancy for the change of use shall be obtained
from the Department of Planning / Permits and Inspections Division before occupancy and use of the
building for a church.
CAPENTER'S HOUSE MINISTRIES
Agenda Item 7
Rage 2
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 and Standards.
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.
W"
CAPENTER'S HOUSE MINISTRIES
Agenda Item 7
Pa.ge,3
AERIAL OF SITE LOC. ATION'
. ..... ...,
CAPENTER'S HOUSEMINJSTRIES
Agenda I tern 7
Pag~4
,
,
THIS IS TO CERTIFY 'THAT I ON 07/17/06 SURVEYED THE PROPERTY SHOWN
ON THlS ?LA T AND lHA T THE TIlLE UNES AND lHE WALlS OF lliE BUILDINGS ARE SHOWN ON TrllS PLAT.
THE 8UILDINGS STAND STRICTLY \IllHlN lHE 11TU: UNES AND lHERE ARE NO ENCROACHMENTS Of OlHER
BUILDINGS ON lHE PROPERTY EXCEPT AS SHOWN. ,
PARCEL C 11lD' PRIVAlE DRAINAGE EAStMENT !
r r=- G:IN: ~468-_64-9~~(U~. 207~PG. 5~ &: 5:5~ _~
I " I '5' S-S-l...t 12" PRlVAlE DRAINAGE EASEM;:r1 I'
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SHOPPING CENTER
VIRGINIA BEACH. VIRGINIA
FOR
CARPENTERS HOUSE
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BROAD MEADOWS BOULEVARD SOUTH
(VARIABLE W1DlH RfW)
(S.H.P.B. 7, PG. 38A) (M.B. 86, PC. 3&)
SHEET 1 OF 2 SEE SHEET 2 FOR NOTES
FLOOD ZONE INFORMATION: ACCORDING TO F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.!.R.M.),
THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHiN FLOOD ZONE(S) "XU
COMMUNITY PANEL NO. 515531 0016 E MAP REVISED: 12/05/96 BASE FLOOD ELEVATION -
GRAPHIC SCALE
t1!h ROOD ~ -:L-JO
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5737 BARTEE STREET TEL: (757) 466-1111 DATE:
NORFOLK, VA. 23502 FAX: (757) 466-9384 REF:
N/A
PROPOSED SrJ'E"Pi.AN~,
CAPENTER'S HOUSEMINISTRIES
Agenda I tern 7
Page 5
EXISTING BUILDING .~
CAPENTER'S HOUSEMINISTRIES
Agendalt~tp 7
. Pag~6
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8:] B-2;)
PD-H~A -12)
CT. R-IO
A-18
~
Cup for Church
1 . 10/12/04 Rezoning (B-2 Business, A-12 Apartment, R-15 Residential, Approved
and R2.5 Townhouse to Conditional R-5D Residential, A-12
and A-18 Apartment with a PD-H2 Planned Unit District
Overla
2. 3/11/97 Rezonin B-2 Business to Conditional A-12 A artment
ZONING HISTORV~'
CAPENTER'S HOUSE MINISTRIES
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Item #7
Carpenter's House Ministries
Conditional Use Permit
980 Broad Meadows Boulevard
District 4
Bayside
November 8, 2006
CONSENT
Janice Anderson: The next matter is agenda item #7. It's an application of Carpenter's
House Ministries. It is for a Conditional Use Permit for a church located on property at
980 Broad Meadows Boulevard in the Bayside District. Is there a representative from
Carpenter's House? Okay. The matter was placed on the consent agenda with one
condition. The Chairman has asked Ron Ripley to review this matter.
Ronald Ripley: This is also in the Bayside District. It is an existing building that was
built as a bar. It fitted in as an out parcel in a shopping center on Wesleyan Drive.
Actually this one faces Wesleyan and Broad Meadows Boulevard. It has been an area of
problems. There have been some issues with violence at this location, and some other
things that have caused some real problems. The owner is trying to reuse it for a number
of different ways. Weare well pleased to see a church have an interest in it. The
neighborhood has written a letter in support of it. It received very little resistance, I think
from staff, and the Commission is certainly glad to see this.
Janice Anderson: Thank you Mr. Ripley. Before, I go forward, I want to make sure there
is no opposition. Mr. Chairman, I make a motion to approve item #7 for consent.
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item #7 for consent.
CUP for Church
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Holland Road Baptist Church for a Conditional Use Permit
for a church on property located at 4881 Euclid Road (GPIN 1477129282).
DISTRICT 2 - KEMPSVILLE
MEETING DATE: December 5,2006
. Background:
The applicant requests a Conditional Use Permit to allow expansion of an
existing church consistent with a master plan submitted with the application. The
existing simple single-story brick building with an asphalt shingle roof has been
used as a church since City Council approved the original use permit in 1966.
. Considerations:
The u-shaped footprint of the existing church building is centrally situated on the
property with sufficient area to expand. Existing parking areas are located along
both sides and rear of the building. A large grassy area in the front of the existing
building is more than adequate in size for the expansions and additional parking
as required by the phased design.
The proposed master plan will be constructed in four phases. The church has not
yet established a timeline for Phases II, III and the Future Sanctuary; phases will
be constructed as funding becomes available. Parking, landscaping, and a
stormwater management facility will be installed as required by City ordinances.
. Phase I is the construction of a 3,677 square foot building addition which will
include a welcome center, restrooms and multi-purpose rooms.
. Phase II is the construction of a 979 square foot addition which will include a
lobby area and office.
. Phase III is the construction of a 1,897 square foot addition which includes
offices, kitchenette and work rooms.
. The Future Sanctuary is a 4,377 square foot expansion to the church
sanctuary to provide a maximum of 400 seats.
The proposal is consistent with the Comprehensive Plan's recommendations for
this area in regard to both the site and building design and to the use. The
proposed expansion utilizes brick and roof shingles similar to the existing
structure but incorporates larger expanses of glass providing a contemporary
edge to the otherwise traditional design. The design is appropriate for the
residential neighborhood adjacent to this property.
Holland Road Baptist Church
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
design and use are consistent with the recommendations of the Comprehensive
Plan, the proposal represents a high-quality renovation of the site and building,
and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by recorded vote of 10-0 to approve
this request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
site plan entitled "Holland Road Baptist Church Conditional Use Permit
Schematic "dated August 2006, prepared by Engineering Resources Group,
L.L.C.. Said plan has been exhibited to the Virginia Beach City Council and is
on file in the Virginia Beach Planning Department..
2. The building shall be constructed substantially in accordance with the
submitted rendered perspective and front elevation entitled "Holland Road
Baptist Church, Virginia Beach Virginia" dated August 16, 2006, prepared by
Barnes Design Group, P.C. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Virginia Beach Planning Department.
3. The two existing trailers on the site shall be removed from the site after the
completion of Phase III.
4. The applicant shall submit a photometric plan for review and approval by the
Virginia Beach Planning Department. All fixtures shall be of an appropriate
height and design so as to prevent any direct reflection or glare towards
adjacent uses and city streets. Lighting should be directed down at the
ground and not horizontally or up in the air.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen'---
City Manager: ~ . ~ iJI'>t
HOLLAND ROAD
BAPTIST CHURCH
Agenda Item 1 0
November 8, 2006 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for additions to an
existing church.
ADDRESS I DESCRIPTION: Property located at 4881 Euclid Road.
GPIN:
14771292820000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
2.22 acres or 99,791 square feet
The applicant requests a Conditional Use Permit for a master
plan that includes building expansions to an existing church.
SUMMARY OF REQUEST
The existing simple single-story brick building with an asphalt shingle roof has been used as a church
since City Council approved the original use permit in 1966. The u-shaped foot print of the existing church
building ;s centrally situated on the property with sufficient area to expand. Existing parking areas are
located along both sides and rear of the building. A large grassy area in the front of the existing building
shall incorporate the church expansions and additional parking as required by the phased design.
The proposed expansion utilizes brick and roof shingles similar to the existing structure but incorporates
larger expanses of glass providing a contemporary edge to the otherwise traditional design. A tall steeple
rises above a gabled roof end of the first expansion phase, accenting the symmetry of this addition. The
additional phases continue to maintain a well-balanced scale and proportion for the building and site.
The proposed master plan will be constructed in four phases. Currently, there is no time line established
for Phases /I, /II and the Future Sanctuary, being constructed as funding becomes available. Parking and
a stormwater management facility will be installed as required by City ordinances.
· Phase I is the construction of a 3,677 square foot building addition which will include a welcome
center, restrooms and multi-purpose rooms.
· Phase II is the construction of a 979 square foot addition which will include a lobby area and
office.
· Phase III is the construction of a 1,897 square foot addition which includes offices, kitchenette
and work rooms.
.,
HOLLAND ROAD BAPTIST CHURCH
Agenda IteratO
P~g~ 1
· The Future Sanctuary is a 4,377 square foot expansion to the church sanctuary to provide a
maximum of 400 seats.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church
SURROUNDING LAND
USE AND ZONING:
North:
· Across Euclid Road are single-family dwellings / R-7.5
Residential District
· A corner of the site backs onto Blackfoot Court with single-
family dwellings / R-7.5 Residential District
· Undeveloped land / R-7.5 Residential District
· Single-family homes / R-7.5 Residential District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
This site has a few trees at areas along the perimeter. The site has a no
known significant cultural features.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Euclid
Road in the vicinity of this application is considered a two-lane minor urban arterial. No Capital
Improvement Program projects are slated for this area.
The Virginia Department of Transportation in cooperation with the Federal Highway Administration has
initiated an improvement project for several of the 1-264 interchanges, including the Independence
Boulevard interchange. At this time, the Interstate 264 Corridor Study has been developed to consider
alternatives for interchange improvements. As a result of these alternatives, the Holland Road Baptist
Church property is expected to have some impacts. Currently, these impacts are limited to the parking
lot on the southern end of the property; however, a final alignment has not been determined for the
project. Therefore, impact limits may be altered. The current status of the Interstate 264 Corridor
project is "Requested but Not Funded."
TRAFFIC: Street Present Present Capacity Generated Traffic
Name Volume
Euclid 7,482 ADT 1 7,300 ADT (Level of Existing Land Use --z - 237 ADT
Road Service "C") Proposed Land Use 3 - 372 ADT
10,700 ADT 1 (Level of 102 Sunday Peak Hour Vehicles
Service "D"/Capacity) - entering and exiting (build-out)
.
Average Dally Tnps
2 as defined qy church
3 as defined by existing church plus all phases qt,.the mast~r.plan
HOLLAND ROAD BAPtiST CHURCH
Agenda Item 10
Pqge2
WATER: This site has an existing 1-inch water meter (Meter #95030577) which may be used or upgraded.
There is a 4-inch City water main in Blackfoot Court. There is a 10-inch City water main in Euclid Road.
SEWER: This site currently connects to the City sanitary sewer. With the new building additions, analysis of
Pump Station #465 and the sanitary sewer collection system is required to ensure future flows can be
accommodated. There is an a-inch City sanitary sewer gravity main in Blackfoot Court extending into a 15-foot
utility easement. There is an a-inch City sanitary sewer gravity main in Euclid Road.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area. The Comprehensive Plan recognizes limited commercial or institutional activities providing
desired goods or services to residential neighborhoods are considered acceptable uses within this area.
Evaluation:
In sum, the church, with the phasing of development as proposed, is consistent with the Comprehensive
Plan's recommendations for this area in regard to both the site and building design and to the use. The
exterior building materials proposed reflect the materials used on the original structure. The design is
appropriate for the residential neighborhood adjacent to this property. Therefore this proposal is
recommended for approval with the conditions below.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted site plan entitled "Holland
Road Baptist Church Conditional Use Permit Schematic "dated August 2006, prepared by Engineering
Resources Group, L.L.C.. Said plan has been exhibited to the Virginia Beach City CoLincil and is on
file in the Virginia Beach Planning Department.
2. The building shall be constructed substantially in accordance with the submitted rendered perspective
and front elevation entitled "Holland Road Baptist Church, Virginia Beach Virginia" dated August 16,
2006, prepared by Barnes Design Group, P.C. Said plan has been exhibited to the Virginia Beach City
Council and is on f;le in the Virginia Beach Planning Department.
3. The two existing trailers on the site shall be removed from the site after the completion of Phase III.
HOLLAND ROAD BAPTIST CHURCH
Agendaltem 10
Page 3
4. The applicant shall submit a photometric plan for review and approval by the Virginia Beach Planning
Department. All fixtures shall be of an appropriate height and design so as to prevent any direct
reflection or glare towards adjacent uses and city streets. Lighting should be directed down at the
ground and not horizontally or up in the air.
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 and Standards.
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.
HOLLAND ROAD BAPTJST CHURCH
Agenda Iterrl.1 0
Page 4
AERIAL OF SITE LOCATION'
HOLLAND ROAD BAPTiST CHURCH
AgendalternJ 0
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HOLLAND ROAD BAPTiST CHURCH
AgendaltemJ 0
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HOLLAND ROAD BAPTIST CHUR.CH
AgendaJt~1 0
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Map E-7
Mop Not to Scole
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Cl
CUP for Church
1 06/27/06 Conditional RezoninQ from R-5D to B-2 Granted
2 04/05/05 Conditional Rezoning from A-12 to A-24 Granted
3 01/23/89 Conditional Rezoning from R-5D to H-1 Granted
4 02/25/85 Conditional RezoninQ from R-8 to B-2 Granted
ZONING HISTORY
HOLLAND ROAD BAPtiST CHUI1CH
Agenda Itemm10
Page 9
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DISCLOSURE STATEIllENT
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HOLLAND RO/\.D B/\.P,1Si CHURCH
A-QE3nda \tem1 0
p~ge 1C
Item #10
Holland Road Baptist Church
Conditional Use Permit
4881 Euclid Road
District 2
Kempsville
November 8, 2006
CONSENT
Janice Anderson: The next matter is agenda item #10, the application of Holland Road
Baptist Church. It is for a Conditional Use Permit for a church located at 4881 Euclid
Road in the Kempsville District. Welcome.
Pastor Rob Pittman: Thank you. I'm Pastor Rob Pittman, Pastor of Holland Road
Baptist Church. I have read the conditions that you have set forth, and I believe there are
four. We accept those and appreciate it very, very much what you've done thus far.
Janice Anderson: Thank you Pastor Pittman. I believe there were three conditions.
Pastor Rob Pittman: Three. Thank you. I shouldn't add one that is for sure. I do want to
thank Karen Prochilo very, very much for her cooperation and that great smile that she
has.
Janice Anderson: Thank you Pastor. Is there any opposition to this application?
Therefore, the Chairman has asked Henry Livas to review this matter.
Henry Livas: The application requests a Conditional Use Permit for a master plan that
includes building expansions to an existing church. The existing simple single-story
brick building with an asphalt shingle roof has been used as a church since 1966. The
proposed expansion utilizes brick and roof shingles similar to the existing structure but
incorporates larger expanses of glass providing a contemporary edge to the otherwise
traditional design. As stated before, the proposed master plan will be constructed in four
phases. Phase I is the construction of 3,677 square foot building addition, which will
include a welcome center, restrooms and multi-purpose rooms. Phase II is the
construction of a 979 square foot addition which will include a lobby area and office.
Phase III is the construction of a 1,897 square foot addition which includes offices,
kitchenette and workrooms. The future sanctuary is a 4,377 square foot expansion to the
church sanctuary to provide a maximum of 400 seats as Phase IV. We recommend that
the church and its master plan, is consistent with the Comprehensive Plan for this area.
Therefore, we recommend approval of this Conditional Use Permit.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I make a motion to approve item
#10 for consent.
Item # 10
Holland Road Baptist Church
Page 2
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item #10 for consent.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Roberta Maddox for a Conditional Use Permit for a
recreational facility of an outdoor nature (skateboard ramp) on property located at
519 Delaware Avenue (GPIN 2427039631). DISTRICT 6 - BEACH
MEETING DATE: December 5, 2006
. Background:
The applicant requests a Conditional Use Permit for an existing outdoor
recreational facility, consisting of a skateboard ramp, in the rear yard of the
parcel. The ramp is primarily used by the applicant's son. The parcel, located in
the Shadow Lawn Heights neighborhood, has a two-story framed residence
situated on the property.
. Considerations:
The skateboard ramp is situated in the northeast corner of the backyard.
According to the submitted site survey, the ramp measures four (4) feet in height
by twelve (12) feet in width and twenty-three (23) feet in length. On the northern
end of the ramp, there is a landing platform. Neither end has railings.
The applicant has met with the adjacent property owners, as well as residents
across the street and in the immediate area, explaining the conditions and
restrictions under which it is to be used. Signatures of support from residents on
a form provided by the applicant were submitted with the application. The
applicant notes that the ramp will only be used during "reasonable" hours and the
number of people using it will be limited.
Staff recognizes the popularity of the skateboarding sport, and the increasing
desire of homeowners to install ramps in their yards. Like other recreational
equipment and facilities in residential yards (swimming pools, basketball goals,
etc.), skateboarding ramps have the potential to become nuisances to
surrounding residents, especially in regard to the sound that emanates from the
facility, such as the continuous bouncing of a ball, the sound of skateboard
wheels rolling across the plywood surface of the ramp, or the sound of cheers
and joyful screams. Such sound is normal and is expected in residential
neighborhoods. The problems arise when the sound occurs outside the hours of
the day expected for such sound, the sound increases beyond the level normally
expected, or the sound includes language that is not considered appropriate.
When this occurs, the sound becomes "noise". Such noise, especially if it
includes the gathering of individuals on the lot beyond what is normally expected,
can significantly disturb the tranquility and peace within the neighborhood. It is
Roberta Maddox
Page 2 of 3
then that there may be disputes among neighbors and sometimes, the
involvement of the Police Department.
Further, of all recreational equipment and facilities in residential areas, it is the
skateboard ramp, due to the nature of the rolling wheels on the riding surface
and the size of the ramp, which has the potential to create the greatest nuisance.
Thus, the requirement for this Conditional Use Permit is necessary.
To ensure that the recommendations of the Comprehensive Plan to protect
neighborhoods from destabilizing influences are met, it is vital that this proposal
provides safeguards designed to significantly avoid the potential for the facility to
become a nuisance to the surrounding residents, and thus, to the neighborhood.
To accomplish this, the applicant is utilizing a set of rules and standards by which
the skateboard ramp will be constructed and used. The design of the ramp and
the rules for its use should prevent the sound from and activity at the ramp from
becoming "noise" and an intrusion on the quiet enjoyment of the neighboring
properties. The applicant also personally met with the adjacent residents,
providing them with a copy of the standards and rules, and after explaining them
to the residents, obtained their signatures of approval for the skateboard ramp.
There is, however, a letter of opposition to this application concerning the loss of
privacy because the ramp is less than 1 (one) foot from the rear fence. In
addition to the loss of visual privacy, the noise generated by the use of the ramp
is the other concern. Certainly, these issues need to be addressed, and staff
concludes that with modifications to the location and design of the ramp, the
effects from the use can be greatly reduced if not eliminated entirely.
Staff, therefore concludes that the ramp, with the modifications to its construction
as required by the conditions below, will be constructed and operated in a
manner such that it will not be a destabilizing influence on the neighborhood.
Approval of the use permit is recommended, subject to the following conditions.
There was opposition to the request at the hearing.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The ramp shall meet a (5) foot rear yard setback and five (5) foot side yard
setback from the property lines. It shall have railings on both ends that are no
higher than three (3) feet above the deck. The overall height of the
skateboard ramp including the railings shall be no higher than seven (7) feet.
2. The ramp shall only be used between the hours of 10:00 a.m. and dusk.
3. The ramp shall be constructed with the following components to ensure the
noise level is reduced as much as possible: a) insulation on the under side,
and (b) sides and ends of the skateboard ramp shall be enclosed to attenuate
Roberta Maddox
Page 3 of 3
sound.
4. No one under the age of 18 shall be allowed to use the ramp without adult
supervision.
5. A chain shall be placed across the ramp when not in use so the ramp cannot
be used.
6. The applicant shall enforce the rules submitted with the application regarding
use of the ramp. The Zoning Administrator shall annually evaluate whether
the rules have been enforced and the conditions above have been adhered
to. If the evaluation reveals that the rules and conditions are being met, the
use permit shall be renewed for an additional year, with an annual evaluation
thereafter. If the evaluation reveals that the rules and conditions are not being
met, the Zoning Administrator shall refer the use permit to the City Council for
revocation.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
City Manager:~ \:. . ~
ROBERTA
MADDOX
Agenda Item 11
November 8, 2006 Public Hearing
Staff Planner: Jeff Manuel
REQUEST:
Conditional Use Permit for a Recreational
Facility of an Outdoor nature (skateboard
ramp)
ADDRESS I DESCRIPTION: 519 Delaware Avenue
GPIN:
24270396310000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
6,148 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for an outdoor recreational facility, consisting of a
skateboard ramp, in the rear yard of the parcel. The ramp will be used primarily by the applicant's son.
The parcel has a two story framed residence situated on the property in the Shadow Lawn Heights
neighborhood.
The skateboard ramp currently exists, situated in the northeast corner of the backyard. The skateboard
ramp measures four (4) feet in height by twelve (12) feet in width and twenty-three (23) feet in length. On
the northern end of the ramp, there is a landing platform. Neither end has railings.
The applicant has met with the adjacent property owners, as well as residents across the street and in the
immediate area, explaining the conditions and restrictions under which it is to be used. Signatures of
support from the residents on a form provided by the applicant were submitted with the application. The
applicant notes that the ramp will only be used during "reasonable" hours and the number of people using
it will be limited.
EXISTING LAND USE: Single-Family Residential
SURROUNDING LAND
USE AND ZONING:
North:
South:
LAND USE AND ZONING INFORMATION
. Single-Family homes / R-58 Residential District
. Single-Family homes / R-58 Residential District,
ROBEBTA MADBOX
Agenda Jtem11
PCige 1
East:
West:
. Single-Family homes I R-5S Residential District
. Single-Family homes I R-5S Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is developed with a single-family residence, a concrete patio,
concrete driveway and walk.
AICUZ:
The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
POLICE: The Police Department believes that this specific use is not conducive to a residential area. The
proposed use of a skateboard ramp in a residentially zoned area will generate noise and very likely will lead to
complaints that will be called in to the Police Department.
PARKS AND RECREATION: Parks and Recreation supports any legal private outdoor recreational facility that
fills a need in the community that cannot otherwise be met by a City-owned and operated facility.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Evaluation:
Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to
install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming
pools, basketball goals, etc.), skateboarding ramps have the potential to become nuisances to
surrounding residents, especially in regard to the sound that emanates from the facility, such as the
continuous bouncing of a ball, the sound of skateboard wheels rolling across the plywood surface of the
ramp, or the sound of cheers and joyful screams. Such sound is normal and is expected in residential
neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for
such sound, the sound increases beyond the level normally expected, or the sound includes language
that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially
if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly
disturb the tranquility and peace within the neighborhood. It is then that there may be disputes among
neighbors and sometimes, the involvement of the Police Department.
Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp, due to
the nature of the rolling wheels on the riding surface and the size of the ramp that has the potential to
create the greatest nuisance. Thus, the requirement for this Conditional Use Permit is necessary.
To ensure that the recommendations of the Comprehensive Plan to protect neighborhoods from
destabilizing influences are met, it is vital that this proposal provides safeguards designed to sign,iflcqntly
ROBERTA MADDOX
Agendaltem 11
Rage 2
avoid the potential for the facility to become a nuisance to the surrounding residents, and thus, to the
neighborhood. To accomplish this, the applicant is utilizing a set of rules and standards by which the
skateboard ramp will be constructed and used. The design of the ramp and the rules for its use should
prevent the sound from and activity at the ramp from becoming "noise" and an intrusion on the quiet
enjoyment of the neighboring properties. The applicant also personally met with the adjacent residents,
providing them with a copy of the standards and rules, and after explaining them to the residents,
obtained their signatures of approval for the skateboard ramp.
There is, however, a letter of opposition to this application concerning the loss of privacy because the
ramp is less than 1 (one) foot from the rear fence. In addition to the loss of visual privacy, the noise
generated by the use of the ramp is the other concern. Certainly, these issues need to addressed, and
staff concludes that with modifications to the location and construction of the ramp, the effects from the
use can be greatly reduced if not eliminated entirely.
Staff, therefore concludes that the ramp, with the modifications to its construction as required by the
conditions below, will be constructed and operated in a manner such that it will not be a destabilizing
influence on the neighborhood. Approval of the use permit is recommended, subject to the following
conditions.
CONDITIONS
1. The ramp shall meet a (5) foot rear yard setback and five (5) foot side yard setback from the property
lines. It shall have railings on both ends that are no higher than three (3) feet above the deck. The
overall height of the skateboard ramp including the railings shall be no higher than seven (7) feet.
2. The ramp shall only be used between the hours of 10:00 a.m. and dusk.
3. The ramp shall be constructed with the following components to ensure the noise level is reduced as
much as possible: a) insulation on the under side, and; b) sides and ends of the skateboard ramp
shall be enclosed to attenuate sound.
4. No one under the age of 18 shall be allowed to use the ramp without adult supervision.
5. A chain shall be placed across the ramp when not in use so the ramp cannot be used.
6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The
Zoning Administrator shall annually evaluate whether the rules have been enforced and the
conditions above have been adhered to. If the evaluation reveals that the rules and conditions are
being met, the use permit shall be renewed for an additional year, with an annual evaluation
thereafter. If the evaluation reveals that the rules and conditions are not being met, the Zoning
Administrator shall refer the use permit to the City Council for revocation.
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 and Standards.
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.
ROBERTA MADDOX
Agenda Item 11
Page 3
AERIAL OF SITE LOCAtiON'
ROBERTA MADDOX
Agendalterm 11
Pag~ 4
I, -
THIS IS TO CERTifY THA.T 9H JULY 8, 1992 ,I 8URVEYED THE PROPERTY SHOWH ON THIS PLAT
AND THAT THE TITLE L1NE8-ANO PHYSICAL IMPROVEMENTS ARE SHOWN ON THIS PLAT. THE IMPROV6MEHT8 STAHl)
STRICTLY WITHIN TKETITLE ~INEaAHDTHERE ARE NO ENCROACHMENT' 0":!81 EA8PlEHT1lPCEPT f.S SHOWN.
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HAP REVISION. JANUARY 17, 1t81' PANE~ No.0026C
P~YSICAL SURVEY
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ROBERTA MADDOX
Agenda Item 11
P.~9~ 5
PHOTO OF EXISTING R~~P , .
ROBEBT A MADDOX
Agenda Item.11
P~g~6
PHOTO OF EXISTING RAMP'
ROBEBTA MADE10X
Agenda Item11
Pag~ 7
Map M-7
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ZONING HISTORY
ROBERTA MAD60X
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ROBERTA MADDOX
Agenda Iten;111
Page~
Item #11
Roberta Maddox
Conditional Use Permit
519 Delaware Avenue
District 6
Beach
November 8, 2006
REGULAR
Barry Knight: We will now go into our public hearing portion of the meeting. Mr.
Secretary, will you call the first item to be heard please?
Joseph Strange: The first item is item #11, Roberta Maddox. An application of Roberta
Maddox for a Conditional Use Permit for a recreational facility of an outdoor nature
(skateboard ramp) on property located 519 Delaware Avenue, District 6, Beach.
Barry Knight: We1come ma' am. Please state your name for the record.
Roberta Maddox: I'm Roberta Maddox and my son John Chaplain is also with me. We
are simply trying to apply for a Conditional Use Permit to keep a skate ramp. I have a
few things to say in support of my position. First of all, there are many skate ramps all
over Virginia Beach, visibly seen with no fences. Mine is in an 8 foot secured fenced
area. I got two articles, one from the Virginian Pilot stating people are asking to build
skate ramps. I have one recent approval from City Council. I have an article from the
Beacon dated June 29, 2006. Planning Commission approval for a ramp in Shadowlawn
Heights, which is my neighborhood. In reference to this disapproval letter that Mr. Kent
has sent, I would like to state that he does live in Fredricksburg, Virginia, and he only
comes down occasionally on weekends. He did write me a letter October 2,2006 asking
for a solution that they would consider. And my solution was since he lived out of town
to give us a phone call, and the ramp would not be used during the time of visit. I thought
that was reasonable. I don't think we should be penalized for 12 months out of the year,
when he comes infrequently like that. This is not really much, but after moving in, he has
only been there a little over a year. He asked that I cut down a beautiful Mulberry tree in
my backyard. I agreed, which I regrettably did that. So, I just would like to be considered
this that I have tried to b e good neighbor. I would like to be given a second chance to
prove that. My son would like to speak.
Barry Knight: Absolutely.
Roberta Maddox: Thank you.
Barry Knight: We1come sir. Please identify yourself for the record.
John Chaplain: Yes sir. I'm John Chaplain. I'm Mrs. Maddox's son. I paid for and
constructed the ramp that you see right there, and just a few short points that I would like
to make. As you can see, I built it professionally and made it real nice so that it blends in
Item # 11
Roberta Maddox
Page 2
with the backyard and everything. It cost me $2,600.00. One of the main reasons for that
extreme expense is because I went and bought this stuff called Skate Armor. Actually, I
had to order and get it delivered. That is $100.00 a sheet, and it suppresses the sound,
and it is basically weather proof. So, it is a whole lot different than raw wood and regular
skateboard wheels. It makes it quiet. I did that for my neighbors, us, and just for
everybody really. It makes it just a better ramp. Another thing is that when we initially
got the thing that said that the City wanted us to tear it down, I printed out a thing and
brought it to all my neighbors except for this one guy. He is the only one who didn't sign.
Everyone put their addresses and everything. When we sent our paperwork in, I believe
we copied eleven of them so everyone may have one in front of them. If not, I can give
you this. You know, it is only four feet tall, and it is just a little small thing. We don't
even use it that often. It is more like an after work exercise, have fun thing you know.
That is about it. I just appreciate you guys hearing me. I hope we get treated like
everyone else, especially this other person in Shadowlawn, who got a four-foot high
skateboard ramp approved. That is about it. I appreciate it.
Barry Knight: Standby Mr. Chaplain.
John Chaplain: Okay.
Barry Knight: Ms. Wood, do you have a question?
Dorothy Wood: Yes. Mr. Chaplain, I noticed that there was a request to move it away
from the fence, and you are willing to do that sir?
John Chaplain: Yeah. We can move it over. We can do that. I don't have a problem
with that at all.
Dorothy Wood: It is portable?
John Chaplain: Not really. We can try to accommodate.
Dorothy Wood: Is it on the cement or concrete?
John Chaplain: It is actually, and if you look there is a mulch area. It's an old mulch area
and actually that is where that Mulberry tree was that we cut down. We wouldn't even
have a ramp if we didn't cut the tree down. Ijust had a perfect little area there to build. It
has been a childhood dream of mine to have a nice skateboard ramp so we built it there.
We built it up on cement blocks to keep it from getting weathered. So, it is not actually
on the concrete. It is on cement blocks rigged up down in mulch.
Dorothy Wood: Could you put something down on the cement blocks so it wouldn't
vibrate. Maybe that is part of the noise. That noise really travels.
Item #11
Roberta Maddox
Page 3
John Chaplain: Yeah. If we get some conditions worked up we can try to work it out. I
will be happy to do that. Yes ma'am.
Dorothy Wood: I don't know. How you would do it?
John Chaplain: I don't either. I don't know if we want to go into that right now, but I am
sure we can figure something out.
Dorothy Wood: Thank you.
Barry Knight: Ms. Anderson has a question.
Janice Anderson: This is mainly for your personal use? Is that correct?
John Chaplain: That's it. It is just occasional. Like I said, after work exercise or on a
Saturday afternoon or just regular hours of use.
Janice Anderson: Okay. I believe one of the conditions, and you were talking about that
skatelite you put on there voluntarily, and that keeps the sound down rather than a regular
skateboard.
John Chaplain: Substantially. That is how they built our park at Trashmore. It is sheeted
with that. Basically, all new skateboard parks are sheeted with that stuff. It helps a lot.
Janice Anderson: Okay, so far as the ends of the ramp. They are opened, and I believe
the conditions require you to close that up and that is where most of the sound comes
from.
John Chaplain: Sure. Yes. I will do that with no problem. I was just thinking about
getting some insulation, and stapling it under the transition, and then boxing it in with
plywood. That would be no problem at all.
Janice Anderson: Okay. You and your mom have resided there for?
John Chaplain: Fifteen years. Most of the other neighbors that have already signed this
thing have also, and they are cool with it. We are like all good friends around there, and
they know they can just come over and knock on the door. If they got a problem that
afternoon or something, we will surely stop.
Janice Anderson: Okay. That is what I thought.
Barry Knight: Are there any other questions for Mr. Chaplain? Mr. Chaplain, you and
your mother, after hearing from the opposition, will get a chance to come back and
answer any questions that are asked.
Item # 11
Roberta Maddox
Page 4
John Chaplain: I appreciate that. Thank you.
Joseph Strange: Speaking in opposition, we have Daniel Kent.
Barry Knight: Welcome sir. Please state your name for the record.
Daniel Kent: My name is Daniel Kent. I have a resident at 518 Maryland Avenue. As
you have heard, we also work up in Northern Virginia. I went to school down here at the
Old Dominion University and earned an Engineering degree from them. It has been a
long time dream to actually to able to move back into the area, because we have always
liked this area very much. The reason that I am here, perhaps in opposition, is because
there were three primary issues. One is that there is a fair amount of noise that comes
from the ramp. The second is that there is a safety issue, because currently, the way the
ramp is situated, the people are so far up above the height of the top of the fence, if
something was to go wrong, they are either going to land on the fence or they are going to
land in our backyard. The third was that same problem represents a lack of privacy.
Suddenly, we got kids that are looking down into your backyard when they are using the
ramp. I have read the information here on the conditions of use that were recommended.
I would be willing to withdraw my opposition if those conditions are met. I think that by
setting it back 10 feet, even at that height, it won't become such a problem. The other
conditions, I think, are pretty straightforward. I do know, and I believe it was not true
that all of the neighbors signed the consent. I believe the other two neighbors on the
other side of me also did not sign it. I may be incorrect because I have not seen that form.
However, Ijust wanted to mention that I was the only one that was willing to actually
step forward. In any case, I withdraw my objection as long as those conditions are met.
Barry Knight: Ms. Katsias has a question for you.
Kathy Katsias: One of the conditions was changed to 5 feet versus 10 feet.
Daniel Kent: Was that on the side lot or the rear lot?
Kathy Katsias: That was on the rear lot. So it was five on the side and five on the back.
Daniel Kent: I did not see that in my copy.
Kathy Katsias: It is a new condition.
Daniel Kent: Oh, I see. My only concern is that I'm wondering if that is going to be
sufficient if a six-foot tall person was to lose control at the top of that thing. I think you're
going to have a situation where they are going to hit the fence. I think it will prevent
them from landing in our yard, but in any case, I would be requesting that we would stick
with a to-foot setback.
Item #11
Roberta Maddox
Page 5
Barry Knight: Are there any other questions of Mr. Kent? Mr. Kent, let me get this
straight? You're requesting the conditions as presented, but you would like to change the
5-foot to lO-foot is what you're requesting?
Daniel Kent: Which is what was originally proposed. Yes.
Barry Knight: Are there any other questions? Thank you sir. Mr. Strange?
Joseph Strange: That is all the opposition.
Barry Knight: Mr. Chaplain, Ms. Maddox or both. We1come back sir. Please state your
name agaIn.
John Chaplain: I'm John Chaplain. I appreciate it. Ijust have a few quick points this
time. As far as being 10 feet off, that really, and you can see, that it is not quite possible.
We can try to work with the five feet. As far as the concern about us going through our
fence and his fence into his yard, I planned on building railings around it. The whole
reason why I didn't build the railings and box it in is because we got the request to tear
the thing down, pretty much the day it was built. I didn't want to put any more money
into it until I knew that I could keep it there permanently. To make you happy, I will
definitely build some rails. Really, I would like to have rails better because you feel more
safe when you're up there and everyone else is skating, so you won't fall down. I think
we can work with five feet. If you look at our backyard it is just not realistic. I wish you
would all take that into consideration.
Barry Knight: Are there any questions? Ms. Wood?
Dorothy Wood: How many feet to you have Mr. Chaplain?
John Chaplain: Ma'am, I'm not quite sure, but if you look at it?
Dorothy Wood: I can't tell by that.
John Chaplain: It is not very far.
Barry Knight: Mr. Chaplain, if you could pull up that laser pointer that is on the side
here.
John Chaplain: Okay.
Barry Knight: Rip if off the Velero. Just push the button.
John Chaplain: Okay. I like that. As you c~ see, there is another part of the house.
There is a gutter right there. It only goes back about as far as the gutter goes. That is
about how much room we have.
Item #11
Roberta Maddox
Page 6
Dorothy Wood: Would you be willing to move it back to that area, all the way back?
John Chaplain: Yeah. I would be willing to move it back. Yeah. I would be willing to
move it back a good portion. We keep our trash cans right there in that little area right
there, but we can try to move it back. Really, honestly, we like it where we got it right
now, because you can walk through. It is real open, but whatever you guys decide we
have to do, it is fine with me.
Dorothy Wood: If you move your trash cans, and I know it wouldn't be as convenient on
the other side, just so you could work out with the neighbor.
John Chaplain: Whatever you guys decide on.
Barry Knight: Ms. Katsias has a question for you.
Kathy Katsias: Mr. Kent said that he thought you didn't have approval of the surrounding
neighbors. Do you?
John Chaplain: I do. I have John right there. That is that big house. I got him to sign.
My neighbor on the other side signed. And then, he lives behind us. There are like three
townhouses and I have the approval of the first lady. You would be the second. I think
there is one to the right of you, and I don't have him or the other lady to the right but I
have the first of the three townhouses.
Kathy Katsias: So, they signed a document?
John Chaplain: Yeah. Then I have my two neighbors on the other side of the street, on
the other side of Delaware, which really aren't that close, buuhey signed.
Kathy Katsias: Could you show us where you have the signatures?
Barry Knight: Could you please use the pointer.
John Chaplain: I got it. I have approval here. I have approval here, here, here, and here,
but I don't have there and there (pointing to zoning map).
Kathy Katsias: Where does Mr. Kent live?
John Chaplain: One of those two.
Kathy Katsias: Thank you.
John Chaplain: Yes ma'am.
Item # 11
Roberta Maddox
Page 7
Barry Knight: Are there any other questions?
Joseph Strange: I have a question.
Barry Knight: Mr. Strange?
Joseph Strange: So, if you moved it back to the area where the garbage can is, how many
feet off would that be?
John Chaplain: It would be a couple of feet. Honestly, maybe three feet or something
like that, but the condition is five, but we can try to move it. If you guys gave us any
flexibility on that, and it made my neighbor happy, however far we got it and it looked
alright to him, and to you guys, that would be great.
Barry Knight: Ms. Anderson, I believe first, and then Ms. Wood. Are you ready yet?
Janice Anderson: No.
Dorothy Wood: I'm just wondering. You said that you probably had seven and you just
said that you had three. So how many feet do you have from the end of your skateboard
to the house? Maybe your mom could answer it.
John Chaplain: She could answer it better. I would say it is about ten feet but the thing is
that we have a window right there and what not, so it would be good to leave it a little bit
away from that.
Roberta Maddox: You can tell that I'm a little bit of chicken. I'm staying back here.
Barry Knight: Ms. Maddox. State your name again.
Roberta Maddox: Roberta Maddox.
Barry Knight: Thank you.
Roberta Maddox: I really don't know. The survey I showed was the original survey. I
got a new screened in porch in the back, which is probably 14 feet deep, I'm guessing. I
also did an addition on the house; so, I'm thinking from the back of the house to the fence
is maybe 12 to 14 feet. That is why I'm saying that the 10 feet is just not doable. Ten
foot is just not doable. It would be in my house. The 5-foot we can work with. It would
be crammed up against something, but 10 foot is physically going to be in the house.
Dorothy Wood: The neighbor wasn't happy with the five foot. I'm just trying to get a
compronnse.
Item #11
Roberta Maddox
Page 8
Roberta Maddox: I know. Unfortunately, the five-foot we can do, but thelO foot is just
impossible. There is nowhere to put it unless it comes on my porch.
Barry Knight: Mr. Waller has a question.
John Waller: The conditions that you have with the five foot setback, when you put a
three foot high railing on top of that, you're up at seven feet. I am not much of a
skateboard enthusiast, but looking at it from this standpoint, I don't see how in the world
anybody could do a seven-foot and fall over into the next yard.
Roberta Maddox: He also has a fence that backs up to my fence so that is a double fence
right there.
John Waller: I mean from the back of the ramp to the fence, you got five feet.
Roberta Maddox: Right.
John Waller: Plus a seven foot high fence.
Roberta Maddox: I feel that it is pretty safe.
John Waller: I don't think if you can meet those conditions. They are pretty set
conditions really.
Roberta Maddox: We can do everything but the ten. It is not physically. Ijust don't have
the land.
Barry Knight: Thank you. Mr. Strange?
Joseph Strange: So, you're saying five. He is saying ten. Is there any compromise in
there? Seven? Eight?
Roberta Maddox: I would have to actually measure. Unfortunately, I didn't actually
measure that to be that precise. I believe the skate ramp is four foot wide. No wait.
What is the ramp?
John Chaplain: Four feet tall and 12 feet wide and 27 feet long.
Barry Knight: Mr. Livas has a question for you.
Henry Livas: I would have to ask the opposition when they come up here, but it is my
impression that when he was sticking with t/1e 10 feet as mandatory, he was not aware of
a railing. Now that you instituted a railing, he may not require the 10 feet.
Item #11
Roberta Maddox
Page 9
Roberta Maddox: That would be nice.
John Chaplain: That would be great.
Barry Knight: We will hold that thought for a second Mr. Livas. Ms. Anderson?
Janice Anderson: Okay. If we stuck with the 5-foot and we add it to the condition #3
that there would be railings because you're planning to do that anyway.
Roberta Maddox': They were going to be done initially, but like he said, we got our
notice and we just didn't want to invest any more money into whether or not it could stay.
Janice Anderson: But on number 3, we can add installation of railings. I'm in agreement
with Mr. Waller that you would have to be doing some kind of acrobatic act to fly over
the fences.
Roberta Maddox: Right. I want it to be safe too. He's big, but he is still my son.
Janice Anderson: Okay. Thank you.
Barry Knight: Mr. Livas would you like to sponsor Mr. Kent to come back up here and
ask him the question?
Henry Livas: Yes. I would.
Barry Knight: Mr. Kent? State your name again.
Daniel Kent: Yes. I'm Daniel T. Kent.
Barry Knight: Mr. Livas has a question for you.
Henry Livas: The question is, now that you realize that they are willing to put a railing up
there, do you think you could get by with the 5 foot setback now?
Daniel Kent: The other railing definitely takes care of the safety issue. What I just can't
tell you is whether 5-foot will actually give us a little bit more privacy back. Having
privacy fences around the property, of course, hence the name, of the ideas to be able to
use your backyard. If my wife was sunbathing in the backyard or something like that, the
kids are peering down in the backyard. So, my answer is honestly I don't know if that is
sufficient or not. I don't know how to proceed with that answer, but what I would say is
that I'm more than happy to give it a try. If they will be willing to move it back as far as
they can and try to give us much of a buffer volume, we will see if we can't work it out.
Item # 1.1
Roberta Maddox
Page 10
Barry Knight: Is there a yearly administrative review on here? Mr. Kent. There is a year
administrative review on this, so if you have a problem within a year, you can certainly
bring it back to the Zoning Administrator's attention.
Daniel Kent: Okay.
Barry Knight: Okay. Are there any other questions for Mr. Kent? Thank you. Mr.
Crabtree?
Eugene Crabtree: I also understood when they said to start off with that anytime that you
had any objection or you were using your yard that you wanted them to discontinue using
the ramp, they would be more than happy not to even use it. If you're in your backyard
and you don't want them, they are saying that they would agree not to use the ramp
during that period of time, which also gives you a degree of privacy.
Daniel Kent: Yes sir. Agreed. Unfortunately, at least in one case it was being used about
5:00 o'clock in the morning after an all night party, so it required that we get up, wake up
and make a phone call. It was kind of a little out of hand.
Janice Anderson: That shouldn't happen again.
Daniel Kent: Thank you.
Barry Knight: Thank you Mr. Kent.
Dorothy Wood: Momma can take care of that.
Barry Knight: Are there any other questions? We will close the public hearing portion.
We will open it up for discussion within the Commission members. Ms. Anderson?
Janice Anderson: I would be supportive of it with the changes. I'm glad that the
neighbors had talked. There was a concern of 5:00 o'clock in the morning, and that is
certainly not within the conditions that we have set. Like all of us have discussed, we
want the residents of Virginia Beach who are skateboard enthusiasts to be able to have a
place in their backyard to enjoy that, but not to the detriment of the neighbors, and that is
why we try to put these conditions between the hours of 10 and dusk, so you don't have
the 5:00 o'clock in the morning. Also the safety issues, and I believe the 5 foot setback
would work with the smaller lot that we have here in Shadowlawn that were facing and
put the rails up. That was a good suggestion for safety. So, I would make a motion to
approve with those conditions that we have modified that we were handed with the 5-foot
rear setback, and the adding "c" to condition #3, installation of railings.
Barry Knight: There is a motion on the floor. There is a second by Kathy Katsias. We
will open it back up for discussion. Joe?
Item #11
Roberta Maddox
Page 11
Joseph Strange: Based on what I've heard, and the person who was in opposition saying
that they are willing to go on with this, I would support the application, but I would like
to note that even though we have approved applications, we have also turned some down.
The ones that we have approved in the past have been applications where there was no
opposition; so, some of the people on the Planning Commission, who normally wouldn't
support these, have supported them because there wasn't any opposition. I would just
like to get that out in the open.
Barry Knight: Thank you Mr. Strange. Is there any other discussion? Mr. Crabtree?
Eugene Crabtree: I am not an advocate of skateboards either but I will say this. This is
unusual in the fact that they have talked to each and worked things out. This is something
that has not been done in the past, and the willingness to put in safety factors, which is
my big thing with skateboard ramps are safety. I think it speaks well of the applicant as
well as the neighbors willing to work together on this. So, even with my reservations,
I'm going to vote for it.
Barry Knight: Thank you Mr. Crabtree? Is there any other discussion? There is motion
on the floor to approve Roberta Maddox, agenda item #11. The motion was made by Jan
Anderson and seconded by Kathy Katsias. I'll call for the question.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: Bya vote of 10-0, the Board has approved the application of Roberta
Maddox.
Barry Knight: Thank you.
Jeffrey A. Manuel
From:
Sent:
To:
Subject:
gregg.engler@us.army.mil
Wednesday, November 22,20064:58 PM
Jeffrey A. Manuel
Application of Roberta Maddox for Conditional Use Permit (Skateboard Ramp)
Jeff,
My name is Gregg Engler. My wife, Stacia, and I own the property at 516 Maryland Ave in
Virginia Beach. We currently rent this property as I am in the military and am being
reassigned to Fort Bragg, NC.
Yesterday I received notice that Roberta Maddox is applying to put in a skateboard ramp at
519 Delaware Ave. I dQ not know the particulars of this application but my instinct is to
oppose it. I believe 519 Delaware is just behind my property at 516 Maryland. In short,
my instincts tell me that a skateboard ramp would negatively affect the quiet enjoyment of
residential living in the area, negatively affect property values, and present an
attractive nuisance.
Not sure if my input is too late but thought I should send something.
Thank you,
Gregg Engler
913-369-5609
1
-46-
Item V/-K.8.
PLANNING
ITEM # 46299
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 5 I 8-3200. represented the applicant and voluntarily
agreed to install the landscaping requested along the strip of land in the City's right-ol-way on Witchduck
Road.
Upon motion by Councilman Weeks, seconded by Vice Mayor Sessoms. City Council ADOPTED the
Ordinance upon application of HALAlJI ONE LLC for a Conditional Change of Zoning:
ORDINANCE UPON APPUCATION OF HALABI ONE LLC FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM /-1 TO
CONDIDONAL B-2 Z02001J58
BE IT HEREBY ORDAINED BY mE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of Halabi One uc for a Change of Zoning
District Classification from 1-1 Light Industrial District to Conditional B-2
Community Business District at the southeast intersection of North
Witchduck Road and Admiral Wright Road (GPIN #1467-85-3076). The
proposed zoning classification change to Conditi01l(.l1 B-2 is for
commercial land use. The Comprehensive Plan recommends use of this
parcel for office, appropriately located industrial and employment support
uses in accordance with other Plan policies. Said parcel is located at 234
North Witchduc/c Road and contains 6,500 square feet. KEMPSVIUE -
DISTRICT 2.
The following condition shall be required:
I. Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and are hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section /07 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty -second of February. Two
Thousand
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, 01. Margaret L. Eure. William W.
Harrison. Jr.. Barbara M Henley, Louis R. Jones. Reba S. McClanan.
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
February 22.2000
Map D-7
M<>p Not to Scole
( ! 1
CUP - for Automobile Sales
( "
I
--.'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Paykan, Inc. for a Conditional Use Permit for motor vehicle
sales on property located at 234 North Witchduck Road (GPIN 1467853076).
DISTRICT 2 - KEMPSVILLE
MEETING DATE: December 5, 2006
. Background:
The applicant requests a Conditional Use Permit for motor vehicle sales, thus
allowing this site to be integrated into the applicant's existing motor vehicle sales
facility to the south (E-Z Auto Sales), which has been successful and is in need
of additional space.
. Considerations:
The parcel is subject to a Conditional Zoning Agreement approved by the City
Council on February 22, 2000 with the rezoning of the parcel from 1-1 Light
Industrial to B-2 Business. There were two proffers as part of that Agreement.
The first proffer eliminated as potential uses a convenience store, an automobile
service station, a borrow pit, a drive-through restaurant, and a liquor store. The
second proffer tied use of the site to a specific site plan. The applicant is
proposing to operate with that proffered site plan.
There will be three parking spaces at the north end of the site. The paved area
between the building and the sidewalk will be used as vehicle display area,
continuing the current vehicle display that is situated at the applicant's business
immediately to the south. The existing curb cut located at the southern end of the
site will be secured to prevent its use. There is an existing free-standing sign at
the northern end of the site that the applicant will use. The existing 1,680 square
foot building on the site will not be modified and will be used as an office for the
auto sales.
The applicant is aware of the Capital Improvement Program (CIP) project to
improve N. Witchduck Road to six lanes and the fact that this entire site is
designated as being acquired within the next year or two to accommodate that
project. The applicant understands that his use of the site as an expansion of his
business will be of a temporary nature.
The Planning Commission placed this item on the consent agenda because it is
a temporary expansion of an existing business, the use is consistent with the
Comprehensive Plan's recommendations for the area, and there was no
opposition present at the hearing.
Paykan, Inc.
Page 2 of 3
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. No physical improvements shall be made to the site beyond the landscape
plantings shown on the site plan proffered with the Conditional Change of
Zoning approved by the City Council on February 22, 2000, and as recorded
at Deed Book 4206, Page 1703. The applicant shall install all plants shown on
the plan and shall maintain those plants including the replacement of any
plants that die.
2. The southernmost curb cut shall be chained off in such way as to effectively
close the cut as indicated on the plan described in Condition 1.
3. No loud speakers or outdoor speaker system shall be permitted on the site.
4. Any lighting for the site, including existing light fixtures located on the roof of
the building, shall be installed and adjusted to prevent direct illumination,
reflection, or glare toward surrounding properties and public streets. Lighting
shall be directed to the interior of the site and shall not reflect out horizontally
or toward the sky.
5. No pennants, streamers, balloons, portable signs, banners, or other devices
designed to attract attention to the business, beyond the signs allowed by the
City Zoning Ordinance and the display of vehicles, shall be displayed
anywhere on the site or the vehicles.
6. Vehicles for sale or lease shall be displayed and parked within designated
areas and no vehicles for sale or lease shall be parked or displayed within
any portion of any public right-of-way or in any landscaped area. No vehicles
for sale of lease shall be displayed on ramps, raised platforms, or similar
structures. Storage of vehicles for sale or lease shall not obstruct access to
the site for emergency response vehicles.
7. There shall be no more than nine (9) vehicles for sale or lease displayed on
the site.
8. There shall be no vehicles parked, displayed, or stored behind the portion of
the building adjacent to Denn Lane.
9. There shall be no repair or maintenance of vehicles on the site.
10. There shall be no repair, maintenance, or cleaning or detailing of vehicles
within the adjacent streets and public right-of-way.
11. Delivery trucks transporting and delivering vehicles for sale or lease to this
business shall not obstruct traffic within any adjacent street or public right-of-
way, nor park or idle in any travel lane of any adjacent street or public right-of-
Paykan, Inc.
Page 3 of 3
way.
12. This Conditional Use Permit shall terminate upon acquisition of the parcel by
either the City of Virginia Beach or the Commonwealth of Virginia for
Witchduck Road improvements (CIP 2-025).
. 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. C-s II"'"Z.
PAYKAN, INC.
Agenda Item 13
November 8, 2006 Public Hearing
,
cUP - for Automobile Sales
.Hap D-7
~.:IO :-';ot ':;c Sc,.,j..
Staff Planner: Stephen J. White
REQUEST:
Conditional Use Permit for Motor Vehicle Sales
ADDRESS I DESCRIPTION: 234 North Witchduck Road
GPIN:
1467853076
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
6,250 square feet
APPLICATION HISTORY: On September 11,2006, this request was deferred to allow staff and the applicant
time to discuss outstanding issues.
The applicant requests a Conditional Use Permit for motor
vehicle sales, thus allowing this site to be integrated into the
applicant's existing motor vehicle sales facility located on the parcel to the south.
SUMMARY OF REQUEST
The parcel is subject to a Conditional Zoning Agreement approved by the City Council on February 22,
2000 with the rezoning of the parcel from 1-1 Light Industrial to B-2 Business. There were two proffers as
part of that Agreement. The first proffer eliminated as potential uses a convenience store, an automobile
service station, a borrow pit, a drive-through restaurant, and a liquor store. The second proffer tied use of
the site to a specific site plan. The applicant is proposing to operate with that proffered site plan.
The current configuration of the site depicts the proffered plan, with the exception of landscape plantings
that apparently were never done. Those plantings consist of junipers and dwarf abelia myrtles adjacent to
the north and east sides of the parking lot and Indian hawthorne and day lilies in planters along the front
of the building. Three crape myrtle trees shown on the proffered plan are in place.
There will be three parking spaces at the north end of the site. The paved area between the building and
the sidewalk will be used as vehicle display area, continuing the current vehicle display that is'situated at
the applicant's business immediately to the south. The existing curb cut located at the southern end of the
site will be secured to prevent its use. There is an existing free-standing sign at the northern end of the
site that the applicant will use.
The existing 1,680 square foot building on the site will not be modified and will be used as an office for
the auto sales.
PAYKAN,lNC.
Agenda Iten;i13
pag~ 1
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Personal service (hair salon)
SURROUNDING lAND
USE AND ZONING:
North:
. Office / B-2 Community Business District
. Witchduck Road
. Across Witchduck Road to northeast - Virginia Beach Schools
facility
. Motor vehicle sales / 1-1 Light Industrial District
. Church, retail, motor vehicle repair /1-1 Light Industrial District
. Center for Effective Learning / 1-1 Light Industrial District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is fully developed and largely impervious. There are no
significant natural or cultural resources on the site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): N.
Witchduck Road in the vicinity of this application is considered a four-lane divided minor urban arterial.
The MTP proposes a six-lane divided roadway within a 130-foot wide right-of-way. A CIP Project is
slated for this roadway (CIP 2-025 [Urban Construction Initiative (UCI) or "First Cities" transportation
improvement project]). The project includes improvement of N. Witchduck Road from 1-264 to Virginia
Beach Boulevard to six lanes with aesthetic improvements.
Based on the Preliminary (35%) Design for this project, the subject parcel is a "total take." The current
CIP "Site Acquisition" schedule for the project is from January 2007 to January 2009, followed by
"Private Utility Adjustments," from January 2009 to January 2010. Construction is scheduled from July
2012 to July 2014. A Citizen Information Meeting is tentatively scheduled for early October 2006.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
N. Witchduck 43,865 ADT J 14,800 ADT (Level of Existing Land Use ~ - 77
Road Service "C") - 27,400 ADT ADT
1 (Level of Service "E") Proposed Land Use 3 -
56 (3 peak hour vehicles
enterinQ and exitinQ)
,
Average Dally Tnps
2 as defined by typical B-2 use
3 as defined by motor vehicle sales
. PAYKAN, tNC.
Agenda Item 13
Pcige 2
WATER: This site has an existing 5/8-inch water meter, which may continue to be used or may be upgraded.
There is an 8 inch City water line in N. Witchduck Road and an 8-inch City water line in Admiral Wright Road.
SEWER: This site must connect to City sanitary sewer. There is an 8 inch City sanitary sewer in Denn Lane.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Evaluation:
The applicant proposes to use this site as an expansion of his existing business to the south (E-Z Auto
Sales), which has been successful and is in need of additional space. The summary of the project
submitted with the application notes that the applicant desires to place up to 15 vehicles on the site;
however, staff's analysis of the site indicates that the site can safely accommodate only nine (9) vehicles.
A condition to the use permit to that effect is recommended below. Physical improvement to the site will
be limited to the installation of plants that were not installed as proffered with the rezoning approved in
2000. The applicant is aware of the Capital Improvement Program project to improve N. Witchduck Road
to six lanes and the fact that this entire site will have to be acquired within the next year or two to
accommodate that project. The applicant understands that his use of the site as an expansion of his
business will be of a temporary nature.
Staff views this as a temporary use, involving no site improvements beyond landscape plantings, and
thus having little impact on the cost the public will bear to acquire the site for the roadway project.
Approval of the request, therefore, is recommended, subject to the conditions below.
CONDITIONS
1. No physical improvements shall be made to the site beyond the landscape plantings shown on the site
plan proffered with the Conditional Change of Zoning approved by the City Council on February 22,
2000, and as recorded at Deed Book 4206, Page 1703. The applicant shall install all plants shown on
the plan and shall maintain those plants including the replacement of any plants that die.
2. The southernmost curb cut shall be chained off in such way as to effectively close the cut as indicated
on the plan described in Condition 1.
3. No loud speakers or outdoor speaker system shall be permitted on the site.
4. Any lighting for the site, including existing light fixtures located on the roof of the building, shall be
installed and adjusted to prevent direct illumination, reflection, or glare toward surrounding properties
and public streets. Lighting shall be directed to the interior of the site and shall not reflect out
horizontally or toward the sky.
5. No pennants, streamers, balloons, portable signs, banners, or other devices designed to attrg9t
PAYKAN, INC.
Agenda Item 13
Pagt? 3
attention to the business, beyond the signs allowed by the City Zoning Ordinance and the display of
vehicles, shall be displayed anywhere on the site or the vehicles.
6. Vehicles for sale or lease shall be displayed and parked within designated areas and no vehicles for
sale or lease shall be parked or displayed within any portion of any public right-of-way or in any
landscaped area. No vehicles for sale of lease shall be displayed on ramps, raised platforms, or
similar structures. Storage of vehicles tor sale or lease shall not obstruct acces~ to the site tor
emergency response vehicles. .
7. There shall be no more than nine (9) vehicles for sale or lease displayed on the site.
8. There shall be no vehicles parked, displayed, or stored behind the portion ot the building adjacent to
Denn Lane.
9. There shall be no repair or maintenance ot vehicles on the site.
10. There shall be no repair, maintenance, or cleaning or detailing ot vehicles within the adjacent streets
and public right-ot-way.
11. Delivery trucks transporting and delivering vehicles tor sale"or lease to this business shall not obstruct
traffic within any adjacent street or public right-ot-way, nor park or idle in any travel lane of any
adjacent street or public right-ot-way.
12. This Conditional Use Permit shall terminate upon acquisition ot the parcel by either the City of Virginia
Beach or the Commonwealth of Virginia for Witchduck Road improvements (ClP 2-025).
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 and Standards.
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.
E?AYKAN,lNC.
Agenda Iten'l13
. :f=);Cl9C?4
AERIAL OF SITE LOC.. ATION ..
". . ,',' ....
RAYKAN, INC.
Agenda Item 13
F?Cige 5
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Agenda \tem~
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EXISTING BUILDING,
PA YKAN.INC.
A~endaltern13
Pag.~ 7
Map D-7
M~p Not to Sc~le
!\
CUP - for Automobile Sales
1
2
3
12/12/1983
3/14/1995
6/9/1992
Granted
Granted
4
5
2/1/2000
2/22/2000
Granted
Granted
Granted
ZONING HISTORY
'PAYKAN,INC.
A-genda Item 13
Pa~8
DISCLOSURE STATEMENT
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l?AYKAN, INC.
Agenda ltem;\y 13
Page 9
Item # 13
Paykan, Inc.
Conditional Use Permit
234 North Witchduck Road
District 2
Kempsville
November 8, 2006
CONSENT
Janice Anderson: The next matter is agenda item # 13. It is the application of Paykan,
Inc. It is for a Conditional Use Permit for motor vehicle sales on property located at 234
North Witchduck Road in the Kempsville District. Mr. Bourdon?
Eddie Bourdon: Thank you. Ms. Anderson, again for the record, Eddie Bourdon,
representing the applicant and the principal of the applicant is here today. We are in
agreement with all 12 conditions including the fact that this is just a temporary use until
this property is acquired on Witchduck Road CIP Project.
Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this application?
John Waller will review this application.
John Waller: The applicant requests a Conditional Use Permit for motor vehicle sales
thus allowing the site to be integrated into the applicant's existing motor vehicle sale
facility that is located to the south. The applicant proposes to use this site as an
expansion of his existing business. The existing 1,600 square foot building on this site
will not be modified. It will be used as an office for the auto sales. Physical
improvements to the site will be limited to the installation of plants. The applicant
understands that the use of this site as an explanation of his business will be of a
temporary nature due to the North Witchduck Road Capital Improvement Program. In
fact, the entire site will be acquired by the City within the next year or two to
accommodate that improvement program. Therefore, we recommend approval of this
request.
Janice Anderson: Thank you Mr. Waller. Mr. Chairman, I make a motion to approve '
item # 13 for consent.
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Item #13
Paykan, Inc.
Page 2
HENLEY
KATSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item #13 for consent.
CUP for Communication Tower
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of T-Mobile Northeast, L.L.C. for a Conditional Use Permit for a
wireless communications monopole tower and antennas on property located at
136 South Lynnhaven Road (GPIN 1497532817). DISTRICT 6 - BEACH
MEETING DATE: December 5, 2006
. Background:
The site is occupied by the building, parking, and grounds of Lynnhaven
Presbyterian Church. The applicant requests a Conditional Use Permit to allow
development of a portion of the site for a 120-foot tall monopole communication
tower, antennas, and associated equipment buildings. The proposed tower will
accommodate three (3) carriers.
. Considerations:
The 2, 300 square foot site for the tower and associated equipment cabinets are
proposed for a triangular shaped area of the site located to the west of an
existing circular-shaped parking area. The area is enclosed with an eight-foot
split-face block wall on the eastern and western boundaries, and an eight-foot
wooden fence on the northern boundary of the leased area. A row of Wax Myrtle
shrubs is proposed on outside of the enclosure. The base of the proposed tower
is situated approximately 65-feet from the northern property line and aO-feet from
the western property line.
The request complies with the standards for communication towers provided in
Section 232 of the City Zoning Ordinance. The proposed tower will accommodate
three wireless communication carriers. The monopole will be visible; however,
the equipment at the ground level will be only minimally visible, as it will be
located in an area of the site that is obscured by buildings on other parcels.
Additionally the proposed equipment area will be screened with a block wall,
fencing, and landscaping.
The Planning Commission placed this item on the consent agenda because the
proposed tower complies with the standards of the City Zoning Ordinance for this
use, the equipment buildings are well-screened, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
T-Mobile Northeast, L.L.C.
Page 2 of 3
1. The site and tower shall be developed substantially in accordance with the
submitted development plans entitled "T-MOBILE NORTHEAST, LLC,
L YNNHAVEN PRESBYTERIAN, site number VA30467-B", prepared by
ALLPRO Consulting Group, Inc., and dated 10/23/06. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Department of Planning.
2. The proposed tower and equipment shed shall be designed to accommodate
three users.
3. The Director of Planning may allow the installation of a type of antenna
different from that shown on the plans described in Condition 1 if the Director
determines that the proposed antenna type will not result in any undue impact
beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that
the tower, with the proposed antennas, meets the structural standards
established by the Electronics Industry Association and the local building
code.
4. The proposed tower shall not exceed 120 feet in overall height, and shall be a
monopole that meets or exceeds the structural criteria in the zoning ordinance
5. In addition to the NIER letter filed with this application, the applicant shall also
provide a letter from a licensed radio frequency engineer noting that the
cumulative non-ionizing electromagnetic radiation emitted from the tower
does not exceed at ground level the lowest applicable standards established
by the Federal government or the American National Standards Institute.
6. Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COM IT), a radio frequency
emissions study (RF study), conducted by a qualified engineer licensed to
practice in the Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the original tower and
for all subsequent users.
7. In the event interference with any City emergency communications facilities
arises from the user(s) of this tower, the user(s) shall take all measures
reasonably necessary to correct and eliminate the interference. If the
interference cannot be eliminated within a reasonable time, the user shall
cease operation to the extent necessary to stop the interference.
8. In the event that antennae on the tower are inactive for a period of two years,
the tower shall be removed at the applicant's expense.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
T -Mobile Northeast, L.L.C.
Page 3 of 3
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
CityManager~ \L ~~
T-MOBILE
NORTHEAST, LLC
Agenda Item 19
November 8, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a Communication
Tower
CUP for Communication Tower
ADDRESS I DESCRIPTION: Property located at 136 South Lynnhaven Road (Lynnhaven Presbyterian
Church)
GPIN:
1497532817
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
3.4 acres
SUMMARY OF REQUEST
The application was deferred at the October 11, 2006
Planning Commission meeting to give the applicant time
to meet with a concerned neighbor regarding the proposed location of the tower. The applicant
has submitted a revised plan for approval. The leased area for the tower and associated
equipment cabinets has been shifted to the east and the south of the site in a triangular shaped
area of the site. The new leased area is slightly over 2,300 square feet. It is enclosed with an eight-
foot split-face block wall on the eastern and western boundaries, and an eight-foot wooden fence
on the northern boundary of the leased area. A row of Wax Myrtle shrubs is proposed on outside
of the enclosure. The base of the proposed tower is situated approximately 65-feet from the
northern property line and SO-feet from the western property line. The proposed height and
number of users of the tower remains the same as originally requested.
The applicant requests a Conditional Use Permit to allow development of a portion the site for a
communication tower and its associated equipment building. The lease area will be developed with a 120-
foot tall communication tower and equipment cabinet. The proposed tower will accommodate three (3)
carriers.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The Lynnhaven Presbyterian Church currently occupies the site.
I-MOBILE NORIHEASI'Hl_LC
Agenda Iter)\1, 19
Page 1
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
AICUZ:
· Offices / 0-2 Office
. South Lynnhaven Road
· Across South Lynnhaven Road are Offices / 0-2 Office and B-2
Business
· Lynnhaven Parkway
· Across Lynnhaven Parkway are Offices and Retail /0-2 Office
and B-2 Business
. Offices / 0-2 Office
There are no significant natural resources on the site. From a cultural
and historical perspective, the church can claim that it is the oldest
Presbyterian church in the city, having been organized in June 1917 on
this site. From this church developed the First Presbyterian Church of
Virginia Beach and Kings Grant Presbyterian Church. The sanctuary
was constructed in 1919, and the educational wing was constructed in
1951. In 1985, an activity room, several offices and a larger kitchen were
added to the site.
The site is in an AICUZ of Greater than 75dB Ldn surrounding NAS
Oceana.
There is no significant impact on City services.
IMPACT ON CITY SERVICES
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan Map designates this area of the city as the North London Bridge / Strategic
Growth Area 6, an area suitable for higher intensity mixed uses including offices, institutions, and hotels
with limited additional retail.
Evaluation:
The request for a Conditional Use Permit for a 120-foot tall communication tower is acceptable. The
proposed tower will accommodate three wireless communication carriers. While the monopole will be
visible, the equipment at the ground level will be only minimally visible, as it will be located in an area of
the site that is obscured by buildings on other parcels. Additionally the proposed equipment area will be
screened with fencing and landscaping. The proposal meets the requirements of the City Zoning
Ordinance for wireless communication towers, and thus, approval with the conditions below is
recommended.
T-MOBILE NOHfHEAST,l.LC
.Agenda lteril.19
Page 2
CONDITIONS
1. The site and tower shall be developed substantially in accordance with the submitted development
plans entitled "T-MOBILE NORTHEAST, LLC, L YNNHAVEN PRESBYTERIAN, site number VA30467-
B", prepared by ALLPRO Consulting Group, Inc., and dated 10/23/06. Said plan has been exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Department of Planning.
2. The proposed tower and equipment shed shall be designed to accommodate three users.
3. The Director of Planning may allow the installation of a type of antenna different from that shown on
the plans described in Condition 1 if the Director determines that the proposed antenna type will not
result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that the tower, with the
proposed antennas, meets the structural standards established by the Electronics Industry Association
and the local building code.
4. The proposed tower shall not exceed 120 feet in overall height, and shall be a monopole that meets or
exceeds the structural criteria in the zoning ordinance
5. In addition to the NIER letter filed with this application, the applicant shall also provide a letter from a
licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic radiation
emitted from the tower does not exceed at ground level the lowest applicable standards established by
the Federal government or the American National Standards Institute.
6. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended
user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be
provided prior to site plan approval for the original tower and for all subsequent users.
7. In the event interference with any City emergency communications facilities arises from the user(s) of
this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within a reasonable time, the user shall cease
operation to the extent necessary to stop the interference.
8. In the event that antennae on the tower are inactive for a period of two years, the tower shall be
removed at the applicant's expense.
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 and Standards.
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.
T-MOBILE NORTHEAST,J..LC
Agenda Item 19
Page 3
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T-MOBILE NORTHEAST,tLC
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PROPOSED SITE PLAN - D~TAlb-
T -MOBILE NOR'THEAST,lLC
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PROPOSED TOWER ELE" ~l;-lU\ll
1_MOBILE N()fa"l'IEAS1,l..LC
Agenda \tem l~
page"
CUP for Communication Tower
1. 4/13/04 Conditional Use Permit (Church expansion) Approved
1/21/85 Conditional Use Permit Church ex ansion A roved
2. 10/11/06 Modification of Proffers and Conditions for a Rezoning (1-1 Pending
Light Industrial to Conditional B-2) and Conditional Use
Permit (fuel sales in conjunction with a convenience store)
approved by the City Council on June 25, 2002
6/25/02 Rezoning (I~ 1 Light Industrial to Conditional B-2) and Approved
Conditional Use Permit (fuel sales in conjunction with a
convenience store
3. 6/27/95 Conditional Use Permit automotive re air A roved
4. 9/25/95 Rezonin 1-1 Li ht Industrial to Conditional B~2 A roved
5. 7/11/88 Conditional Use Permit recreational facilit A roved
6. 10/24/00 Conditional Use Permit (fuel sales) Withdrawn
12/17/96 Conditional Use Permit automobile service station Withdrawn
ZONING HISTORY'
T-MOBILE NORTHEAST,.:J..LC
Agenda Item 19
Page 8
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T-MOBILE NORIHEAST,LLC
Agenda Item 19
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DISCLOSURE STATEnrE:Nr..
T-MOBILE NORTHEAST,Jl.LC
Agenda lteRl19
P~ge.10
Item #19
T -Mobile Northeast, L.L.c.
Conditional Use Permit
136 South Lynnhaven Road
District 6
Beach
November 8, 2006
CONSENT
Janice Anderson: The last matter on the consent agenda is item #19. That is the
application ofT-Mobile Northeast, L.L.c. for a communications tower on property
located at 136 South Lynnhaven Road in the Beach District. Mr. Gambrell?
Bill Gambrell: Ms. Anderson, Mr. Chairman, and members of the Commission, my name
is Bill Gambrell. I'm a local land planner and I represent the applicant. We were before
you last month when one of the adjoining property owners was concerned about the
positioning of the pole, and we were asked if we could work with him. We did that, and
we're back today without any opposition. I would note that there is one change, and I
think we noted it last month. On condition #4, it says the proposed tower shall not
exceed 120 feet in overall height and shall be a monopole tower rather than spun
concrete. That was the only change and we appreciate being on the consent agenda.
Janice Anderson: Thank you Mr. Gambrell. Is there any opposition to this application?
The Chairman has asked Dot Wood to review this matter.
Dorothy Wood: Thank you Jan. As Mr. Gambrell mentioned, this was on the agenda last
month, and it was deferred because of a neighbor. They have worked with the neighbor,
and they will now be putting a'row of wax Myrtle shrubs outside of the enclosure. This
application is recommended for approval. The Comprehensive Plan designates this area
as the Northern London Bridge Growth area, an area suitable for higher intensity mixed
uses, including office institutions, and hotels. The request for a Conditional Use Permit
for a 120-foot tall communications tower is acceptable. The proposed tower will
accommodate three wireless communication carriers. While the monopole will be
visible, the equipment at the ground level will only be slightly visible as it will be located
in an area of the site that is obscured by buildings and other parcels. We appreciate Mr.
Gambrell meeting with the neighbors and working it out.
Janice Anderson: Thank you Ms. Wood. Mr. Chairman, I make a motion to approve
item #19 for consent with the change requested on condition #4 to read monopole.
Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a
second by Kathy Katsias. Is there any discussion? I'll call for the question.
Item #19
T -Mobile Northeast, L.L.C.
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIVAS
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABSO
ABSENT 1
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item #19 for consent.
Barry Knight: Thank you.
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CiTY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
D 0 I
E H M B L
D E C E L
DATE: I 1/28/06 S I J C R U A W
PAGE: I T E N L N N I
0 H
E Z D L A D U L W
AGENDA E Y N N 0 R E S
P E 0
ITEM # SUBJECT MOTION VOTE L E E A R I V 0 0
H R Y N F A N
S N D
I BRIEFINGS:
A CLASS ACTION - GRIP Robert Kipper -
Director of
Class Action,
Office of the
Attorney
General
Chief A. M.
Jacocks
IIIIII!IV I CERTIFICATION OF CLOSED SESSION CERTIFIED Il-O Y Y Y Y Y Y Y Y Y Y Y
V NIlE
FIG MINUTES APPROVED 10-1 Y Y Y Y Y Y Y Y Y Y A
B
INFORMAUFORMAL SESSIONS 11/14/06 S
T
A
I
N
E
D
HlL'I Ordinances to AMEND City Code ADOPTED, BY Il-O Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a REPEAL 9913-16 -13-22 reFood Handler's
Card
b REORDAlN 916-39 re Spot Blight ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Abatement CONSENT
2 Ordinance to AUTHORIZE agreements for ADOPTED, BY Il-O Y Y Y Y Y Y Y Y Y Y Y
acquisition of land! buildingsrTRANSFER a CONSENT
Grant establishing "Colonial Education Center
Construction and Property Acquisition" re
Lynnbaven House
3 Resolution to RENAME Shore Drive ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Advisory Committee to Bayfront Advisory CONSENT
CommitteelEXTEND to June 30, 2009
J/1 Variance re lot size to S4.4(b) of Subdivision APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ord that all lots meet requirement CZO for CONSENT
JAMES L./EDYTH A.
P AXTONICAROL YN P. JOYNER at 2821
North Landing Road. (DISTRICT 7 -
PRINCESS ANNE)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
D 0 I
E H M B L
DATE: 11/28/06 S D E C E L
I J C R U A W
PAGE: 2 T E N L N N I
0 H
E Z D L A D U L W
AGENDA E Y N N 0 R E S
P E 0
ITEM # SUBJECT MOTION VOTE L E E A R I V 0
H R Y N F A N 0
S N D
2!a RICHMOND 20MHz, LLC dba NTELOS re APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y
extension of communications tower with max CONDITIONED
heightoflOOft 2100 McComas Way (approved BY CONSENT
August 14,2001) (DISTRICT 7 - PRINCESS
ANNE)
b PHILLIPS MOTORS OF V A BEACH, INe. APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y
re additional reception area expand rear of the CONDITIONED
building an auto sales at 4980 Va Beach Blvd BY CONSENT
(approved November 9,2004) (DISTRICT 4-
BA YSIDE)
3 JAMES EJVIRGINIA L. OWENS to APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y
DELETE Proffer No.1 / MODIFY Proffer No. PROFFERED,
l re "Carraway House"' as real estate office! BY CONSENT
retail shop at 3 I 7 South Witchduck Road
(approved January 14, 1980) (DISTRICT 2 -
KEMPSVILLE)
4 T-MOBILE NORTHEAST, LLC CUP re APPROVED! 11-0 Y Y Y Y Y Y Y Y Y Y Y
communications tower to accommodate 3 CONDITIONED
wireless carriers at 1200Communications Circle BY CONSENT
(DISTRICT 4-BA YSIDIi)
5 FF ACQUISITION, LLC CUP re fuel APPROVED! 10-1 Y Y Y Y N Y Y Y Y Y Y
sales/canopy over fuel pumps adjacent to Fann CONDITIONED
Fresh at 1 021lndependence Blvd (DISTRICT 4- BY CONSENT
BA YSIDE)
6 KEMP ENTERPRISES, INC. COZ from R- APPROVED 10-1 Y Y Y Y Y N Y Y Y Y Y
5D to Conditional A-24 re multi family
dwelling.> at Ken1eylBonney Rds (DISTRICT 2-
KEMPSVilLE)
N. EMPLOYEE BENEFITS TASK FORCE RESCHEDULED B Y C 0 N S E N S U S
HAMPTON ROADS ECONOMIC
DEVELOPMENT AUTHORITY (BREDA)
INVESTMENT PARTNERSHIP ADVISORY
COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMniEE
OLD BEACH DESIGN REVIEW
COMMmEE
PLANNING COMMISSION
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
D 0 1
E H M B L
DATE: 11128/06 D E C E L
S I J C R U A W
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BOARD OF BUILDING CODE APPEALS Reappointed - 2 10-1 Y A Y Y Y Y Y Y Y Y Y
Yr. Terms
1/1/07 - 12/31/08
Building Division
Thomas Atherton,
III
Ruth W. Ben
G. Gregol)'
Johnson
Jimmie A. Koch
Morton H. Savell
Electrical Division
Gary Smith
Michael G.
Swindell
James S. Witcher
New Construction
Division
William M.
Davenport
Chis Ette!
Kenneth Rodman,
Jr.
Rick Savino
Robert L Yoder
PlumingfMechani
cal Division
Travis Chick
Richard S. Comer
Donald D. Jones,
Sr.
Peter C. Striftler
James D. Wells
BOARD OF ZONING APPEALS (BZA) Reappointed - 5 10-1 Y A Y Y Y Y Y Y Y Y Y
Yr. Term
1/1/07 -12/3I!11
Floyd E.
Waterfield, Jr.
CHESAPEAKE BAY PRESERVATION Appointed 10..1 Y A Y Y Y Y Y Y Y Y Y
AREA BOARD William Din
Reappointed
Dale W. Tyree
3 Yr. Term
1/1/07 -12/3]/09
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
D 0 I
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.
COMMUNITY POllCY AND Reappointed - 2 10-1 Y A Y Y Y Y Y Y Y Y Y
MANAGEMENT TEAM (CSA) Yr. Term
1/1/07 - 12/31/08
Marianne Dyson
COMMUNITY SERVICES BOARD (CSB) Reappointed - 3 10-1 Y A Y Y Y Y Y Y Y Y Y
Yr. Term
1/1/07 -12131/09
Raymond H.
Kirby
Madelyn H. Reass
Helen P.
Shrooshire
RESORT ADVISORY COMMISSION Appointed - 3 10-1 Y A Y Y Y Y Y Y Y Y Y
-RAe Yr. Term
1/1/07 -12/31/09
Ted Logue
WEfLANDS BOARD Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y
Unexpired
- Terms
thru 9/30/08
Molly Brown
thru 9130/09
Nils Bahringer
alP ABSTRACT OF VOTES - IInl06 General CITY ClERK TO B Y C 0 N S E N S U S
Election - Congressional Election RECORD
Q ADJOURNMENT 6:22 pm
CITY COUNCIL SESSIONS SCHEDULE
JANUARY ZUU?
COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007
REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16, 2007
THE RE9ULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007