HomeMy WebLinkAboutJUNE 12, 2007 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF. Ar -Large
VICE MAYOR LOUIS R. JONES, Bayside - District a
WILLIAM R. DeSTEPH. At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER„ Centerville - District I
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 L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER -JAMES K. SPORE
C17Y ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
12 JUNE 2007
I. CITY COUNCIL COMMENTS
II. REVIEW OF AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E- MAIL: Ctycncl@vbgov.com
- Conference Room - 4:00 PM
III. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION
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
I. INFORMAL and FORMAL SESSIONS June 5, 2007
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES
1. Ordinances to AMEND the City Code:
a. AMEND §1-12.2 re an increase in the Courthouse Security Fee imposed upon
persons convicted of criminal or traffic offenses
b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special
Revenue fund by $300,000 re four (4) additional deputy positions with an increase to
part-time wages for Courthouse Security Screeners
C. ADD §6-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH
regulations re the Lynnhaven River Watershed "No Discharge Zone"
d. AMEND §6-32 re the penalty for casting garbage into any waters of Virginia Beach
2. Ordinances re Beaches and Waterways Advisory Commission:
a. DELETE §6-165 of the City Code re termination of the Commission
b. AMEND the Bylaws re expansion of the Commission to eleven (11) members
3. Ordinance to AUTHORIZE, in accordance with Virginia Code §33.1-371.1, the issuance of
a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of
certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads.
DEFERRED JUNE 5, 2007
4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a
Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of
Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and
$4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE
the City Manager to execute a Cost Participation Agreement with the City of Norfolk.
5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and,
AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as
requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $555,724,972 to Instruction
2. $ 24,189,034 to Administration, Attendance and Health
3. $ 30,891,040 to Pupil Transportation
4. $ 96,357,081 to Operations and Maintenance
b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the
appropriation for Various Site Acquisitions — Phase 1
Adjusted $1,185,000 appropriation to the School Operating Budget re additional
State revenue
d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund
J
6. Ordinances to APPROPRIATE and/or TRANSFER:
a. APPROPRIATE $596,077 in additional Community Development Block Grant
(CDBG) and HOME Program income to the Department of Housing and
Neighborhood Preservation's budget to be used for additional grants
DEFERRED JUNE 5, 2007
b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and
APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08
Commonwealth's Attorney's Operating Budget re upgrades to the Virginia
Commonwealth's Attorney Information System (VCAIS)
C. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716
from the Fire Department Gift Fund to be appropriated to the Department's FY2006-
07 Operating Budget re the support of several fire programs
d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and
$23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget
re the Police Computer Crimes Unit and Wellness Center
e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various
Site Acquisitions to the FY2006-07 Planning and Community Development
Operating Budget re the development of the Resort Area Strategic Action Plan
f. TRANSFER $135,000 from Full -Time Salaries to Part -Time Salaries within the FY
2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re
increased personnel costs
PLANNING
1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a
Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved
February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road
re additional storage space.
DISTRICT 3 — ROSE HALL
DEFERRED
RECOMMENDATION
JANUARY 23 AND 31, 2007
APPROVAL
2. Application of GARNETT POINT ROAD, L.L.C. for a Change of Zoning District
Classification from A-12 Apartment District to Conditional A-12 Apartment District with a
PD -112 Planned Unit Development District Overlay at 416-516 Garnett Point re the
construction of forty (40) single-family dwellings.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Change o
Zoning District Classification from R-51) and R-10 Residential Districts to Conditional A-36
Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment
District with a PD -H2 Overlay at South Independence Boulevard, Princess Anne Road and
1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230
twin townhomes and Senior Housing.
DISTRICT 1 — CENTERVILLE and DISTRICT 7 — PRINCESS ANNE
DEFERRED MAY 22, 2007
RECOMMENDATION DEFERRAL TO JUNE 26, 2007
4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a
Change ofZoninzDistrict Classification from R-7.5 Residential District to Conditional A-12
Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit
residential condominium.
DISTRICT 3 — ROSE HALL
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
DENIAL
APPROVAL
5. Application of DTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia
Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center.
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPROVAL
6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590
Baker Road re a car wash.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
K. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE
OPEN SPACE ADVISORY COMMITTEE
REVIEW and ALLOCATION COMMITTEE (COG)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19 Virginia Beach Convention Center — 7:15 pm
Shaping our Community and Ourselves to Protect our Waterways
**Due to this Town Meeting, the regular City Council Workshop
at 4:00 PM is cancelled.
September 18 Time and Location to be Announced
FY 2008-2010 Budget
November 20 Green Run Homeowners Association Building — 7:15 pm
Stormwater Plans and Funding
CITY COUNCIL SUMMER SCHEDULE
July 3 Cancelled
July 10 Briefings, Informal, Formal, including Planning items
July 17 Briefings, Informal, Formal, including Planning items
August 7 Cancelled
August 14 Briefings, Informal, Formal, including Planning items
August 21 Briefings, Informal, Formal
August 28 Briefings, Informal, Formal, including Planning items
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Agenda 06/07/2007mb
www.vbgov.com
II
CITY COUNCIL COMMENTS - Conference Room - 4:00 PM
REVIEW OF AGENDA
INFORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
- Conference Room -
5:00 PM
IV. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION
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
I. INFORMAL and FORMAL SESSIONS
G. AGENDA FOR FORMAL SESSION
June 5, 2007
9 2
y0 � d
S� OF, OUR NPtjO" ate?
3
S
�Rrsul�t�inn
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. CONSENT AGENDA
I. ORDINANCES
1. Ordinances to AMEND the City Code:
a. AMEND § 1-12.2 re an increase in the Courthouse Security Fee imposed upon
persons convicted of criminal or traffic offenses
b. INCREASE the Department of Sheriff and Corrections FY 2007-08 Special
Revenue fund by $300,000 re four (4) additional deputy positions with an increase to
part-time wages for Courthouse Security Screeners
C. ADD §6-127 to Chapter 6 Beaches, Boats and Waterways and ESTABLISH
regulations re the Lynnhaven River Watershed "No Discharge Zone"
d. AMEND §6-32 re the penalty for casting garbage into any waters of Virginia Beach
2. Ordinances re Beaches and Waterways Advisory Commission:
a. DELETE §6-165 of the City Code re termination of the Commission
b. AMEND the Bylaws re expansion of the Commission to eleven (11) members
3. Ordinance to AUTHORIZE, in accordance with Virginia Code §33.1-371.1, the issuance of
a vegetation control permit to Edwin B. Lindsley, Jr., re the removal and replacement of
certain vegetation on Virginia Beach Boulevard near Rosemont and Bonney Roads.
DEFERRED
JUNE 5, 2007
4. Ordinance to REQUEST the Virginia Department of Transportation (VDOT) establish a
Wesleyan Drive Improvement Project; ACCEPT and APPROPRIATE $640,550 of
Regional Surface Transportation Program (RSTP) funds from the City of Norfolk and
$4,950,000 RSTP funds from the State to complete the project design; and, AUTHORIZE
the City Manager to execute a Cost Participation Agreement with the City of Norfolk.
5. Ordinances to REVISE categorical appropriations for the School Operating Fund; and,
AMEND the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Budget as
requested by the School Board:
a. Adjusted appropriations to the School Operating Budget:
1. $555,724,972 to Instruction
2. $ 24,189,034 to Administration, Attendance and Health
3. $ 30,891,040 to Pupil Transportation
4. $ 96,357,081 to Operations and Maintenance
b. Adjusted $12,108,658 transfer to the Capital Budget re decrease in the
appropriation for Various Site Acquisitions — Phase 1
C. Adjusted $1,185,000 appropriation to the School Operating Budget re additional
State revenue
d. Adjusted $4,681,645 appropriation to the School Athletic Special Revenue Fund
6. Ordinances to APPROPRIATE and/or TRANSFER:
a. APPROPRIATE $596,077 in additional Community Development Block Grant
(CDBG) and HOME Program income to the Department of Housing and
Neighborhood Preservation's budget to be used for additional grants
DEFERRED JUNE 5, 2007
b. ACCEPT $60,000 from other Commonwealth's Attorney's offices and
APPROPRIATE $40,000 to the FY 2006-07 and $20,000 to the FY 2007-08
Commonwealth's Attorney's Operating Budget re upgrades to the Virginia
Commonwealth's Attorney Information System (VCAIS)
C. APPROPRIATE $38,563 from Cost Recovery Revenue and ACCEPT $10,716
from the Fire Department Gift Fund to be appropriated to the Department's FY2006-
07 Operating Budget re the support of several fire programs
d. APPROPRIATE $49,572 from the DEA Seized Property Special Revenue Fund and
$23,000 from the Sale of Weapons Fund to the FY2007-08 Police Operating Budget
re the Police Computer Crimes Unit and Wellness Center
e. TRANSFER $150,000 from the FY 2006-07 TGIF Fund and $150,000 from Various
Site Acquisitions to the FY2006-07 Planning and Community Development
Operating Budget re the development of the Resort Area Strategic Action Plan
f. TRANSFER $135,000 from Full -Time Salaries to Part -Time Salaries within the FY
2006-07 Operating Budget for the Virginia Aquarium Special Revenue Fund re
increased personnel costs
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEMS: (1) An Ordinance to Amend City Code Section 1-12.2 Pertaining to the
Courthouse Security Fee Imposed Upon Persons Convicted of Criminal or
Traffic Offenses
(2) An Ordinance to Increase the Department of Sheriff and Corrections FY
2007-08 Special Revenue Fund in the Amount of $300,000 and to Approve
Four Deputy Positions for Courthouse Security
MEETING DATE: June 12, 2007
■ Background: Currently, pursuant to a provision of the City Code, the City
assesses a $5 fee for courthouse security as part of the costs in each criminal or traffic
case in which a defendant is convicted. The 2007 Virginia General Assembly amended
the state law that authorizes that fee to increase the permissible assessment to $10 per
conviction. This fee may be used solely for the funding of courthouse security
personnel, equipment, and other personal property used in connection with courthouse
security.
■ Considerations: Increasing the fee would generate an estimated $300,000
annually. The Sheriff's Department is responsible for ensuring that the courthouse and
courtrooms are secure from violence and disruption, and it assigns deputies for this
purpose. This increase in revenue would allow the Sheriff's Office to hire four additional
deputies, increase part-time funds for the court security screeners, and purchase
related equipment. If the fees are reduced in future years, these positions and funding
will be eliminated or reallocations within the Sheriff's Operating Budget will occur to
support the increased costs.
■ Public Information: Public information will be handled through the normal
Council agenda notification process.
■ Attachments: Ordinances
Recommended Action: Approval
Submitting Depar ment/Agency: Department of Sheriff and Corrections
City Manager:
i
1 AN ORDINANCE TO AMEND CITY CODE SECTION 1-12.2
2 PERTAINING TO THE COURTHOUSE SECURITY FEE
3 IMPOSED UPON PERSONS CONVICTED OF CRIMINAL
4 OR TRAFFIC OFFENSES
5
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
9 That Section 1-12.2 of the City Code is hereby amended and reordained to read
10 as follows:
11
12 Sec. 1-12.2. Assessment of court costs for the cost of persons admitted to jail
13 following conviction and the costs of court house security.
14 ....
15
16 (b) (1) In addition to any other fees prescribed by law, a fee of five ten
17 dollars ($5-99 10.00) is hereby imposed in each criminal and traffic case
18 in which the defendant is convicted of a violation of any statute or
19 ordinance. The clerks of the district and circuit courts shall charge and
20 collect this assessment as a part of the fees taxed as costs.
21
22 (2) After collection by the clerk of the court in which the case is heard,
23 the assessment shall be remitted to the city treasurer and held subject to
24 appropriation by the city council to the sheriffs office for funding court
25 house security personnel.
26
27
28 COMMENT
29
30 This amendment increases the courthouse security fee imposed in criminal and traffic cases
31 where the defendant is convicted from $5 to $10, as authorized by a change in state law.
32
33 Be it further ordained that the effective date of this ordinance shall be July 1,
34 2007.
35
36 Adopted by the City Council of the City of Virginia Beach, Virginia on this
37 day of June, 2007.
APPROVED AS TO CONTENT:
CA10432
R1
May 31, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's OfficeQ
1 AN ORDINANCE TO INCREASE THE
2 DEPARTMENT OF SHERIFF AND CORRECTIONS
3 FY 2007-08 SPECIAL REVENUE FUND IN THE
4 AMOUNT OF $300,000 AND TO APPROVE FOUR
5 DEPUTY POSITIONS FOR COURTHOUSE
6 SECURITY
7
8 WHEREAS, the Sheriffs Department is responsible for providing courtroom and
9 courthouse security; and
10
11 WHEREAS, the 2007 General Assembly amended section §53.1-120 of the
12 Code of Virginia to allow localities to increase the assessment per conviction of a
13 violation of any criminal or traffic violation to a total of $10 per conviction; and
14
15 WHEREAS, this fee shall be used solely by the Sheriff's Department for the
16 funding of courthouse security personnel and equipment.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 1. That $300,000 in increased estimated revenue is a result of the increased
22 fee from five dollars ($5) to ten dollars ($10) per conviction of any criminal or traffic
23 violation; and -
24
25 2. That $300,000 in estimated revenue from the increase of the court
26 security fee is hereby appropriated to the Sheriff's Department FY 2007-08 Operating
27 Budget for four additional deputies for courtroom security and increases to part-time
28 wages for courthouse security screeners; and
29
30 3. That these additional deputies for courtroom security and increases to
31 part-time wages will be eliminated or funding within the Sheriffs Operating budget will
32 be permanently reallocated to support these increases costs if the fee authorization is
33 reduced by the state in the future; and
34
35 4. That $300,000 from local revenue sources is increased accordingly.
36
37 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2007.
Approved as to Content: Approved as to Legal Sufficiency:
'Manage(ne-ne Services City Attorney's Office
CAI 0423
R-2
June 1, 2007
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance adding Section 6-127 to Chapter 6 Beaches, Boats and Waterways of the
Virginia Beach City Code Establishing Regulations for the Lynnhaven River Watershed
No Discharge Zone.
MEETING DATE: June 12, 2007
■ Background: The designation of the Lynnhaven River Watershed as a No Discharge
Zone (NDZ) disallows the discharge of sewage from boats, whether the sewage is treated or not,
into the Waters of the Lynnhaven. The Ordinance being considered will revise the City Code by
establishing regulations for the Lynnhaven River Watershed NDZ. A brief chronology of some
of the key actions resulting in the NDZ follows:
February 2005, Council was informed of a NDZ application being proposed by the City for the
Lynnhaven River Watershed (item # 53518)
April 2005, the City applied to the Department of Environmental Quality to have the Lynnhaven
River Watershed declared a NDZ
October 2005, Public Works presented further information to Council on the NDZ application
(item # 54515)
December 2005, the State Water Control Board gave its approval to proceed with establishing
this NDZ
July 2006, the Commonwealth requested Federal NDZ status for the Lynnhaven
February 2007, this authorization was granted by the Environmental Protection Agency for
Federal enforcement agencies
May 2007, the Commonwealth of Virginia and the City were granted authorization for
enforcement activities for the Lynnhaven Watershed No Discharge Zone
■ Considerations: The designation of the Lynnhaven as a No Discharge Zone was
essential for the protection of the resource and to prevent water quality degradation. The
designation will require boaters in the Lynnhaven Watershed to pump out their sewage storage
and place container seals to ensure that there is not an accidental discharge. Dye tablets must
also be placed in sewage storage facilities.
■ Public Information: The EPA and the Commonwealth have afforded numerous
opportunites for public input. There has also been individual input through Lynnhaven River
Now and the marina industry.
■ Alternatives: The Lynnhaven River Watershed has been designated a No Discharge
Zone. Without the adoption of this Ordinance, enforcement of the NDZ designation as well as
information for the boating public, will not have the benefit of clearly stated regulations.
■ Recommendations: Approval of the attached ordinance.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:
1 AN ORDINANCE ADDING SECTION 6-127 TO CHAPTER 6
2 BEACHES, BOATS AND WATERWAYS OF THE VIRGINIA
3 BEACH CITY CODE ESTABLISHING REGULATIONS FOR THE
4 LYNNHAVEN RIVER WATERSHED NO DISCHARGE ZONE
5
6
7 Section Added: 6-127
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 6-127 of the City Code is hereby added and ordained to read
13 as follows:
14
15 Chapter 6 BEACHES, BOATS AND WATERWAYS
16
17 ....
18
19 Article V. Boating, Skiing and Surfing.
20
21 ....
22
23 Sec. 6-127. No Discharge Zone.
24
25 (a) For purposes of this section, the following phrases shall have the
26 meanings respectfully ascribed to them:
27
28 (1) Container seal shall mean a tamper -evident plastic or wire security
29 device.
30
31 (2) Discharge shall include, but is not limited to, any spilling, leaking,
32 pumping, pouring, emitting, emptying, or dumping.
33
34 (3) Lvnnhaven River Watershed in the City of Virginia Beach is
35 designated as all contiguous waters south of the Lesner Bridge at
36 Lvnnhaven Inlet (latitude 36°54'27.90"N and longitude
37 76°05'30.90"W) and north of the watershed break point at the
38 intersection of West Neck Creek and Dam Neck Road (latitude
39 36047'17.60"N and longitude 76004'14.62"W).
40
41 (4) Macerator pump valve shall mean a valve in a vessel's sewage
42 piping that in the open position allows an overboard discharge of
43 sewage via a through -hull fitting.
44
45
(5)
Marine sanitation device shall mean any equipment installed on a
46
vessel and that is designed to receive retain treat or discharge
47
sewage and any process to treat such sewage
48
49
(6)
No Discharge Zone shall mean an area determined by the U.S.
50
Environmental Protection Agency and the Commonwealth where
51
there is established a complete prohibition of all treated or
52
untreated discharges of sewage from all vessels
53
54
(7)
Sewage shall mean human body wastes the wastes from toilets
55
and other receptacles intended to receive or retain human wastes
56
and liquid -carried human wastes together with such industrial
57
wastes and other liquid as may be present
58
59
(8)
Vessel shall mean every description of watercraft or other artificial
60
contrivance used, or capable of being used on the waters of the
61
Commonwealth, including boats and houseboats regardless of
62
size, means of propulsion or place of registry.
63
64
(9)
Y -valve shall mean a valve in a vessel's sewage piping that in the
65
open position allows an overboard discharge of sewage via a
66
through -hull fitting and in the closed position prevents an overboard
67
discharge and retains sewage in a holding tank.
68
69 (b)
The Lynnhaven
River Watershed has been designated a No Discharge
70
Zone
by the U.S. Environmental Protection Agency and the
71
Commonwealth of Virginia.
72
73 (c)
The following requirements apply in the No Discharge Zone:
74
75
(1)
All discharge of sewage, whether treated or not and other wastes
76
from all vessels into the No Discharge Zone is prohibited
77
78
(2)
Vessels without installed toilets shall dispose of any collected
79
sewage from portable toilets or other containment devices at
80
appropriate facilities approved by the Virginia Department of
81
Health, in a manner that complies with state law.
82
83
(3)
Vessels with installed toilets shall have a marine sanitation device
84
to allow sewage holding capacity, unless the toilets are rendered
85
inoperable.
86
87
(4)
Houseboats having installed toilets shall have a holding tank with
88
the capability of collecting and holding sewage and disposing of
89
collected sewage at a pump -out facility or other facility approved by
90
the Virginia Department of Health for collection of sewage wastes: if
91 the houseboat lacks such capability, the installed toilet shall be
92 removed.
93
94 (5) Y -valves, macerator pump valves or any other through -hull fitting
95 valves capable of allowing a discharge of sewage from marine
96 sanitation devices shall be secured in the closed position by a
97 device that is not readily removable, including, but not limited to, a
98 numbered container seal, such that through -hull sewage discharge
99 capability is rendered inoperable.
100
101 (6) Every owner or operator of a marina within the No Discharge Zone
102 shall notify boat patrons leasing slips of the sewage discharge
103 restriction. As a minimum notification shall consist of No
104 Discharge Zone information in the slip rental contract and a sign
105 indicating the area is a No Discharge Zone.
106
107 (7) All vessels shall place in their marine sanitation device a dye tablet
108 supplied by the City.
109
110 (d) Violations of this section shall, upon conviction, be a Class 1
111 misdemeanor.
112
113 (e) The Virginia Beach Police Department and other law-enforcement officers
114 of this Commonwealth and the Federal Government shall have the
115 authority to enforce this section.
116
117 COMMENT
118
119 The Environmental Protection Agency designated the Lynnhaven River Watershed
120 as a No Discharge Zone, after the City made application to protect the fragile ecosystem
121 located in the watershed. The State Water Control Board has also made the Watershed a
122 No Discharge Zone, completing the agencies that had to be involved in the process. This
123 ordinance will clarify for the citizens of Virginia Beach the requirements, obligations and
124 penalties in the newly established No Discharge Zone. The requirements are those outlined
125 in the state regulations governing any No Discharge Zone.
126
127
128 Adopted by the City Council of the City of Virginia Beach, Virginia on this _
129 day of May, 2007.
APPROVED AS TO CONTENT
3Pub' s
APPROVED AS TO CONTENT
CA10384
R3
May 2, 2007
4
APPROVED AS TO LEGAL SUFFICIENCY:
4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 6-32 of the City Code Pertaining to the Penalty
for Casting Garbage into Waters.
MEETING DATE: June 12, 2007
■ Background: The General Assembly authorized the increase in penalties for
violations of this section from $100 to $1000, to be effective July 1, 2007.
■ Considerations: The increase in penalties will bring the City Code in harmony
with the State Code.
■ Public Information: This item will be advertised on the regular Council agenda.
■ Alternatives: The State Code provision, Section 62.1-194 will still be in effect to
increase the penalty.
■ Recommendations: Approval of the Ordinance.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Depart ent/Agency: Police Department/Marine Patrol
City Manager:'.- r
i
1 AN ORDINANCE TO AMEND SECTION 6-32 OF THE CITY
2 CODE PERTAINING TO THE PENALTY FOR CASTING
3 GARBAGE INTO WATERS
4
5 Section Amended: City Code § 6-32
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That the City Code is hereby amended and reordained by the amendment of
11 Section 6-32 to read as follows:
12
13 CHAPTER 6
14 BEACHES, BOATS AND WATERWAYS
15
16 ....
17
18 Sec. 6-32. Casting garbage, etc., into waters.
19
20 Except as otherwise permitted by law, it shall be unlawful for any person to cast,
21 throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container,
22 box, lumber, timber or like material, or other solid waste, except fish or crab bait in any
23 form, into any of the waters of this city. When a violation of any provision of this section
24 has been observed by any person, and the matter dumped or disposed of has been
25 ejected from a boat, the owner or operator of such boat shall be presumed to be the
26 person ejecting such matter; provided, however, that such presumption shall be
27 rebuttable by competent evidence. Every such act shall be a misdemeanor punishable
28 by a fine not to exceed one hURdred thousand dollars ($100.00) 1000.00 or
29 confinement in jail not to exceed thirty (30) days, or both.
30
31 COMMENT
32
33 This amendment was authorized by the General Assembly to take effect July 1, 2007
34 (HB1715).
35
36 This Ordinance shall become effective on July 1, 2007.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2007.
APPROVED AS TO CONTENT:
Police Department
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
Lk
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinances pertaining to the Beaches and Waterways Advisory Commission
(Repeal of City Code Section 6-165; Amendment to Bylaws)
MEETING DATE: June 12, 2007
■ Background: The ordinances are housekeeping measures that (1) allow the
Beaches and Waterways Commission to continue in existence without a sunset
provision; and (2) update its by-laws regarding the membership of the Commission so
as to fully reflect current City Code provisions.
■ Considerations: The Beaches and Waterways Advisory Commission continues
to perform an important advisory function for City Council.
■ Public Information: Advertising on the regular City Council agenda.
■ Alternatives: City Council could also determine another termination date for the
Commission or disapprove the bylaws revision.
■ Recommendations: Approval of both Ordinances.
■ Attachments: Ordinance re City Code Section 6-165
Ordinance re Bylaws
Bylaws
Recommended Action: Approval of both Ordinances.
Submitting DepartrTent/Agency: City Attorney
City Manager:
G
1 AN ORDINANCE TO DELETE SECTION 6-165 OF THE
2 CITY CODE PERTAINING TO THE TERMINATION OF THE
3 BEACHES AND WATERWAYS ADVISORYCOMMISSION
4
5 Section Deleted: City Code § 6-165
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That the City Code is hereby amended and reordained by the deletion of Section
11 6-165 to read as follows:
12
13 CHAPTER 6
14 BEACHES, BOATS AND WATERWAYS
15 ....
16
17 ARTICLE VIII. BEACHES AND WATERWAYS ADVISORY COMMISSION
18
19 ....
20
21 .
22
23
24 '
25
26 COMMENT
27
28 There is no need to terminate the Commission, as they continue to operate in an advisory
29 capacity to City Council in accordance with Section 6-163. This deletion would allow them to
30 continue indefinitely, unless further action is taken by City Council.
31
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of _ 2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA10398
R-5
May 29, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
AN ORDINANCE TO AMEND THE BYLAWS OF THE
BEACHES AND WATERWAYS ADVISORY COMMISSION
WHEREAS, the Bylaws of the Beaches and Waterways Advisory Commission
were adopted by City Council by Ordinance 2583 on May 23, 2000;
WHEREAS, the City Code was amended by Ordinance 2588 on June 13, 2000 to
provide for the incorporation of the creation and termination of the Commission into the
City Code;
WHEREAS, the Bylaws were not amended at that time to include the expansion
of the Commission from seven (7) to eleven (11) members;
WHEREAS, the Bylaws also provided for the termination of the Commission on
June 30, 2005; and
WHEREAS, the attached Bylaws (incorporated herein) are corrected to reflect the
current composition of the Commission and to delete the termination provision.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Bylaws of the Beaches and Waterways Advisory Commission are
hereby amended and reordained to read as attached:
COMMENTS
The Bylaws of the Beaches and Waterways Advisory Commission do not currently reflect
the composition of the Commission, and provide for the termination of the Commission on June 30,
2005. These amendments will allow the Bylaws to reflect the current composition of the
Commission and provide for its continuation
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
Of , 2007.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA10397
R-3
May 25, 2007
1 BYLAWS OF THE BEACHES AND WATERWAYS
2 ADVISORY COMMISSION
3
4 ARTICLE 1
5 NAME
6
7 The name of the commission shall be the Beaches and Waterways Advisory
8 Commission.
9
10 ARTICLE II
11 PURPOSE
12
13 The purpose of the Commission shall be:
14
15 1. To review issues referred to it by City Council concerning access to, and the
16 preservation, development and use of, the City's beaches and waterways, and to make
17 recommendations to the City Council regarding such issues.
18
19 2. To serve as the City's local erosion advisory commission and carry out the
20 responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code
21 of Virginia.
22
23 ARTICLE III
24 MEMBERS
25
26 Section 1. Number. The Commission shall be comprised of seveR474 eleven (11)
27 members, with one (1) member being appointed by City Council from the residents of
28 each of the City's seven (7) election districts, and four (4) members being appointed by
29 City Council from residents of the City at large
30
31 Section 2. Term. The initial terms of the members appointed from the Bayside, Beach
32 and Centerville districts shall be for three (3) years; the initial terms of the one (1) at-
33 large member and the members appointed from the Kempsville and Lynnhaven districts
34 shall be for two (2) years; and the initial terms of the one (1) at-large member and the
35 members appointed from the Princess Anne and Rose Hall districts shall be for one (1)
36 year. Thereafter, all members shall be appointed to serve more than three (3) years. In
37 accordance with § 2-3 of the City Code, no member shall be appointed to serve more
38 than three (3) consecutive three-year terms. All initial appointments shall commence on
39 the same date.
40
41 Section 3. Qualifications. Each member must be a resident of the district from which he
42 or she is appointed, and the at-large member must be a resident of the City of Virginia
43 Beach. The appointees shall have knowledge and experience concerning beach and
44 waterway-related issues.
45
46 Section 4. Chair and Vice -Chair. The Chair and Vice -Chair shall be appointed by a
47 majority vote of the Commission held on the first meeting in July, and shall serve for a
48 term of one (1) year. The Chair (or Vice -Chair in the Chair's absence) shall preside over
49 all meetings of the Commission. The Chair and Vice -Chair may be re -appointed for
50 additional terms.
51
52 Section 5. Attendance. Attendance records shall be kept at each meeting of the
53 Commission and an annual report of the attendance of the members shall be filed with
54 the City Clerk by June 30 of each year for review by city Council. No member shall
55 accumulate an annual total of more than three (3) absences (or be absent from more
56 than one-fourth of the total number of meetings). If this limitation is exceeded from
57 reasons other than personal illness, death, or other unusual circumstances, the
58 appointment shall be terminated automatically, or as otherwise prescribed by law.
59 Members shall be paid $50.00 for each meeting attended.
60
61 Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration,
62 or otherwise shall be filled by City Council for the unexpired term thereof, or in the case
63 of an expiration, for three (3) years, within thirty (30) days of said vacancy.
64
65 ARTICLE IV
66 MEETINGS
67
68 Section 1. Regular meetings. When the Commission has business it shall meet at least
69 once a month at a time and location to be determined by the Chair upon consultation
70 and coordination with the other members.
71
72 Section 2. Special meetings. A special meeting may be called by the Chair of three (3)
73 members of the Commission, or may be convened by City Council, to consider any
74 matter that, in the determination of the Chair, the members, or the City Council, needs to
75 be addressed prior to a regular meeting.
76
77 Section 3. Requirements. A majority of Commission members shall be present in order
78 for any official action to be taken. All actions of the Commission shall be conducted at a
79 regular or special meeting and shall require a majority vote of those members present.
80
81 ARTICLE V
82 REPORTS
83
84 Section 1. Annual Report. Within forty-five (45) days of the end of the rascal year, the
85 Commission shall prepare, and submit to City Council, an annual report of its activities,
86 recommendations, and proposals, including a financial statement, if applicable. Interim
87 reports to City Council may be provided when deemed appropriate or necessary by the
88 Commission or the Council.
89
90 Section 2. Requirements. All reports shall be approved by a majority of the members of
91 the Commission. In any report to the Council, the Commission shall identify any
92 conflicts that its report may have with the proposals and/or recommendations of other
93 City agencies.
94
95 ARTICLE VI
96 COORDINATION
97
98 Section 1. City departments. The Commission shall work with and through the
99 Department of Public Works ("the department") which shall, in close cooperation with
100 the City Manager's Office, be responsible for coordinating the efforts of the Commission
101 with other City departments, boards, and commissions to (1) ensure that there is no
102 unnecessary duplication of efforts; (2) enable the Commission to review the proposals
103 and recommendations of such other City departments, boards and commissions for
104 compatibility (or incompatibility) with Commission objectives; and (3) enable such other
105 City departments, boards and commissions to review and provide comments on
106 Commission -generated proposals and recommendations.
107
108 Section 2. Other agencies. The Commission and the Department shall make a special
109 effort to establish open lines of communication with other agencies involved in the
110 review of beach and waterway -related issues.
111
112 ARTICLE VII
113 COMMITTEES
114
115 The Chair of the Commission shall have the authority to appoint committees,
116 comprised of members of the Commission and non-members with special expertise, to
117 study and review specific areas of concern and to report back to the full Commission for
118 such action as the Commission may deem appropriate.
119
120 ARTICLE Vlll
121 AMENDMENTS
122
123 No alteration, amendment, repeal of these Bylaws or any section hereof shall be
124 effective without the prior consent of City Council.
125
126 ARTICLE IX
127 TERMINATION
128
129
130date. '
131
132 Adopted by the City Council of the City of Virginia Beach on the day
133 of , 2007
-32 -
Item V.J.4.
ORDINANCESIRESOL UTIONS ITEM #56501
Attorney Ken Geroe, 1369 Laskin Road, Phone: 428-6021, represented the estate of Edwin Lindsley, Jr.
displayed photographs of the vegetation blocking the billboard (no copy for record). Attorney Geroe
was not in OPPOSITION to Deferral
Cheryl Klobuchar, 758 Suffolk Lane, Phone: 463-4885, President — Virginia Beach Beautification
Commission and Past President of Council of Garden Clubs of Virginia Beach, requested DEFERRAL
until the City Council Session of June 12, 2007. This application requests the removal offive (5) mature
crepe myrtle trees and fifty-six (56) existing shrubs on Virginia Beach Boulevard. This is the same area
from which Adams Outdoor Advertising recently removed twenty-one (21) mature crepe myrtle trees.
Members of the Virginia Beach Beautification Commission and the Council of Garden Clubs of Virginia
Beach wish to meet with the City Staff and discuss the removal and selection of replacement plants.
Upon motion by Council Lady McClanan, seconded by Councilman DeSteph, City Council DEFERRED
until the City Council Session of June 12, 2007:
Ordinance to APPROVE, in accordance with Virginia Code §33.1-
371.1, a Vegetation Control Permit to Edwin B. Lindsley, Jr., at Virginia
Beach Boulevard and Rosemont Road
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 5, 2007
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving the Application of Edwin B. Lindsley, Jr. for a
Vegetation Control Permit to Allow the Removal and Replacement of Certain
Vegetation Located on Virginia Beach Boulevard and Imposing Conditions Upon
Such Permit
MEETING DATE: June 12, 2007
■ Background: Virginia Code Section 33.1-371.1 allows the removal or pruning of
vegetation in City rights-of-way that obstructs motorists' view of outdoor advertising
signs. Pursuant to a delegation of authority from the Commonwealth Transportation
Commissioner, the City has the authority to decide such applications in accordance with
the applicable statutes and regulations, and subject to appeal to the Commissioner.
Edwin B. Lindsley, Jr., by his court-appointed conservator, Kenneth P. Lindsley
("Lindsley"), has submitted an application to remove five (5) Crepe Myrtle trees from the
south side of Virginia Beach Boulevard, west of Rosemont Road, that obstruct the view
of a billboard owned by Lindsley. In addition, the application seeks the removal of fifty-
six (56) Euonymus shrubs at the same location. No other vegetation in the area is
sought to be removed. As part of the application, Lindsley has submitted a landscaping
plan showing:
1. The Crepe Myrtles would be replaced at any reasonably nearby location
selected by the City with 8-10' high Crepe Myrtles, with a 1 -year warranty
of the trees in the new location;
2. The Euonymus shrubs would be replaced by an equal number of Dwarf
Yaupon Holly plants at the same location; and
3. The Dwarf Yaupon Holly plants would be perpetually maintained by
Lindsley.
This item was deferred by City Council for one week on June 5, 2007.
■ Considerations: Were it not for legislation adopted by the General Assembly
in 2006, the trees would not be subject to removal. The legislation does, however, bind
the City, and Lindsley's application meets the requirements pertaining to such permits.
The first application that was submitted under the new statute had been denied by the
City Council in December 2006, but was granted by the Commonwealth Transportation
Commissioner, over the City's objection, on appeal.
The application, if approved, would contain the conditions set forth in the
proposed ordinance. Those conditions include:
1. A limitation on the vegetation to be removed to five (5) Crepe Myrtle trees
and fifty-six (56) Euonymus shrubs shown in the application;
2. The incorporation of Lindsley's representations in the application package
regarding and replacement of the trees and shrubbery, as well as other
related conditions set forth in the proposed ordinance, such as
requirements that the relocation and replacement of the trees be done in a
timely manner and under the direct supervision of a certified arborist;
3. A requirement for the maintenance of the vegetation by Lindsley, who has
posted the required $2,500 surety in cash; and
4. The incorporation of all applicable laws and regulations
■ Public Information: This item will be advertised as part of the City Council
agenda.
■ Alternatives: The City Council has two other alternatives: it may decline to act
upon the application or it may deny it.
If the City Council declines to act upon the application, it will be deemed by
statute to have been approved.
If the City Council denies the application, it is likely that the Commonwealth
Transportation Commissioner would grant the permit on appeal. In such a case,
whether the conditions of the permit, as granted by the Commissioner, would be as
comprehensive as those set forth in the proposed ordinance is a matter of speculation.
■ Attachments: Ordinance and application materials.
Recommended Action:
Submitting Department/Agency: City Attorney's Office leeV_
City Manager: �'
1 AN ORDINANCE APPROVING THE APPLICATION OF EDWIN B.
2 LINDSLEY, JR. FOR A VEGETATION CONTROL PERMIT TO
3 ALLOW THE REMOVAL AND REPLACEMENT OF CERTAIN
4 VEGETATION LOCATED ON VIRGINIA BEACH BOULEVARD
5 AND IMPOSING CONDITIONS UPON SUCH PERMIT
6
7
8 WHEREAS, Edwin B. Lindsley, Jr., by Kenneth P. Lindsley ("Lindsley"), his duly
9 appointed conservator, has submitted to the City a vegetation control permit application
10 pursuant to Section 33.1-371.1 of the Virginia Code, which authorizes the removal of
11 vegetation that obstructs motorists' view of signs displayed on outdoor advertising
12 structures located on highways within the Commonwealth of Virginia; and
13
14 WHEREAS, more particularly, such application seeks the removal of five (5) Crepe
15 Myrtle trees from their current location on the south side of Virginia Beach Boulevard, west
16 of Rosemont Road Drive, and the removal of fifty-six (56) existing Euonymus shrubs and
17 their replacement by an equal number of Dwarf Yaupon Holly plants, all as more
18 particularly described in the landscaping plan submitted by Lindsley as a part of the
19 application; and
20
21 WHEREAS, the Commonwealth Transportation Commissioner has delegated to the
22 City the authority to administer, in accordance with the applicable statutes and regulations,
23 the vegetation control program set forth in Virginia Code Section 33.1-371.1, and the City
24 has accepted such delegation of authority; and
25
26 WHEREAS, notwithstanding the opposition of the City and many other persons to
27 certain legislation introduced during the 2006 General Assembly session, such legislation
28 was enacted, thereby rendering all highways within the City subject to the vegetation
29 control permit program; and
WE
31 WHEREAS, while it is the sense of the City Council that the aforesaid legislation is
32 inimical to its longstanding and abiding efforts to beautify the roadways within the City of
33 Virginia Beach, the City Council is bound by the provisions of Virginia Code Section 33.1-
34 371.1 and the regulations promulgated thereunder; and
35
36 WHEREAS, Lindsley's application includes representations, among others, that the
37 five (5) Crepe Myrtle trees to be removed will be replaced by an equal number of 8-10' high
38 Crepe Myrtle trees at any reasonably nearby site or sites selected by the City and that such
39 trees will be replaced by Lindsley for a period of one (1) year, if necessary, by reason of
40 disease or drought; and
41
42 WHEREAS, Lindsley has submitted to the City cash surety, in the amount required
43 by statute, securing the performance of the conditions of the permit;
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
46 VIRGINIA BEACH, VIRGINIA:
47
48 That the City of Virginia Beach hereby grants the application of Edwin B. Lindsley,
49 Jr., for a vegetation control permit submitted to the City on April 25, 2007, upon the
50 following conditions:
51
52 1. The vegetation to be removed shall be limited to the five Crepe Myrtle trees
53 and fifty-six Euonymus shrubs designated in the application and supporting materials;
54
55 2. Lindsley shall be bound by all representations made in the aforesaid
56 application and materials submitted in connection with such application, which are hereby
57 incorporated into and made a part of this ordinance, as fully as if set forth herein. Such
58 materials consist of:
59
60 (a) Proposed Landscaping Plan dated March 28, 2007; and
61
62 (b) Untitled sketch (plan view) of billboard and vegetation, Scale 1" = 25'
63 (undated);
64
65 3. All replacement vegetation shall be installed as soon after the removal and
66 relocation of the aforesaid Crepe Myrtle trees and Euonymus shrubs as is consistent with
67 good landscaping practices, and under the direct supervision of a certified arborist;
68
69 4. The replacement Dwarf Yaupon Holly plants shall be maintained in good
70 condition by, and at the expense of, Lindsley in perpetuity, and any diseased, dying or
71 dead vegetation shall be replaced in a timely manner consistent with good landscaping
72 practices;
73
74 5. Lindsley shall replace any of the five (5) replacement Crepe Myrtle trees that
75 require replacement by reason of drought or disease within a period of one (1) year from
76 planting; and
77
6
78 6. Lindsley shall comply with all applicable laws and regulations, including,
79 without limitation, the vegetation control regulations promulgated by the Commonwealth
80 Transportation Commissioner.
81
82 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of
83 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
Cify Attorney's Office
CA -10386
R-1
May 23, 2007
3
Form TTB (page 1 of 2)
Rev. 10/15M
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
VEGETATION CONTROL APPLICATION
24 VAC 30-200-10 et seq.
To Ikc,�+earirJ t3�trau�
Resident Engineer at
RJ SPR -3
-71
HAMPTON ROADS DISTRICT
ROADSIDE
" 2J . xs� 2007
Application is hereby made to work on State Highway trees on Route S8 in the City/County of
\JRGJ0J1Aa. rSF A.0 M , between R OSEMONT 1Zr--.v.and MR!;1La>4. -F� ��ID
in accordance with description of work, § 33.1-371.1 of the Code of Virginia, Vegetation Control
Regulations 24 VAC 30-200-10 et seq., and such other ries and regulations of the
Commonwealth Transportation Board as may be applicable thereto. All work to be done under
the direct supervision of -SO 4i*4,%-r mx- LAw1lz>s4.&.,7ES , Address 232 C '"JTP,RV)U.E %RAjFAK.E Ili
City CA41K%&rA9LA .R , Vq Phone No. IM ) *79 -.4960 Certified Arborist
No. MA, co rr S All work shall be completed within days from
issuance of this permit. REASON FOR WORK: Improve motorist's view of 13+W-60Arzin s
If outdoor advertising sign -Permit Number 199%'(.o . Permit Guaranteed performance of
this work is covered by (a) Certified Check in the amount of $2,500.00 enclosed, which may be
used in whole or in part to complete the work outlined or it will be returned when the work has
been completed in a satisfactory manner; or (b) Bond No.
of
Company. Check, for the non-refundable
application and permit fee, in the amount of $400.00 is enclosed.
Applicant: �,.a �b . �..i cl ia. .1 Address: 3.117 - C i -;ha #" C•�•�.Sii �,�,13�-r`i
Signed b :
g y Title: �
Telephone No. ('757 )4.25- {0• 54 Federal Tax I. D. No. 2 1-ito-Or(o2
(For Official Use Only)
t,- a eea nstea in aescnption of work have been inspected and found to be on State Rights of
Way. The undersigned recommend that this permit be issued. An inspector will be assigned to
supervise this work at the permittee's expense Yes No.
Inspector's Name
Resident Engineer
Environmental Manager
, Date
Date
Tree Trimming Permit No, issued at 1 g
In so far as the Commonwealth Transportation Board has the right and power to grant same, the
above applicant is permitted to perform tree work as outlined_ The Commonwealth
Transportation Board reserves full municipal control over subject matter of this permit.
Trans. Roadside Development Mgr for Dist. Administrator
Proposed Landscaping Plan
For
Edwin B. Lindsley, Jr., Outdoor Sign — Va Beach Blvd/Rosement & Bonney Rd.
Upon approval by the City of Virginia Beach Landscape Services Department this plan
will be implemented.
PLAN: (Reference attached sketch)
1. The proposed work, and the replacement plants and materials to be supplied, will be
performed by Signature Landscapes. Their address, phone number and their point of contact are
as follows: 232 Centerville Turnpike North, Chesapeake, Virginia 23320, Phone (757) 479-4960,
Mr. Oscar Richardson.
2. Proposed work:
a. Replace approximately fifty-six (56) existing shrubs (each located 3ft on center)
with fifty-six (56) Dwarf Youpon Holly plants (3 gallon size).
- Includes bedding compost and hardwood mulch for all plants.
- Includes 1 year warranty with watering for the warranty period.
- Includes perpetual maintenance for the plants.
b. Relocate five (5) Crepe Myrtle trees to reasonably nearby City property, specific
location to be determined by the City of Virginia Beach.
Includes the compost, the hardwood mulch; and the replacement, with an
8' to 10' Crepe Myrtle (pink) tree, of any of the five trees, during a period of
one year, due to disease or drought.
Work will begin as early as late Fall, pending weather and the recommendation of
Signature Landscapes and the City of Virginia Beach Landscape Services
Department.
Approved by:
"_rze 11�
Edwin B. Lindsley, Jr.
Date
rh
a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AN ORDINANCE TO TRANSFER $135,000 FROM
FULL-TIME SALARIES TO PART-TIME SALARIES
WITHIN THE VIRGINIA AQUARIUM SPECIAL
REVENUE FUND TO COVER INCREASED COSTS
WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time
labor for a variety of functions; and
WHEREAS, the Aquarium Special Revenue Fund has the required funding to
transfer from full-time salary accounts to part-time salary accounts; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $135,000 is hereby transferred within the FY 2006-07 Operating
Budget of the Virginia Aquarium Special Revenue Fund to cover increased
personnel costs.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2007.
Approved as to Content:
AManageoffit2nt) Services
CA10429
May 31, 2007
R1
Approved as to Legal Sufficiency:
City Attorney's Office`
4
zf
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $135,000 from Full -Time Salaries to Part -Time
Salaries Within the Virginia Aquarium Special Revenue Fund to Cover Increased
Costs
MEETING DATE: June 12, 2007
■ Background: The Virginia Aquarium and Marine Science Center utilizes part-
time positions to perform a variety of duties on a regular basis. These duties range from
custodial and IMAXO services to ticket sales and exhibits. This transfer of funding
results from a variety of factors including increased part-time hourly wages to attract
qualified individuals and increased IMAXO Theater film viewings.
■ Considerations: The Virginia Aquarium and Marine Science Center requests a
transfer of $135,000 in salary money to provide the necessary funds for part-time labor
for the remainder of FY 2006-07. Since this is the start of the summer season, and part-
time workers are essential to the operations of the Aquarium, it is necessary that this
transfer of funding occurs.
■ Public Information: The public will be informed through the normal agenda
process.
■ Alternatives: If the Aquarium is forced to halt all part-time labor, operations at
the Aquarium will be severely curtailed.
■ Recommendations: Approve the request to transfer $135,000 within the
Virginia Aquarium Special Revenue Fund.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Depart nt/Agency: Department of Museums
City Manager: ,li el-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
REQUESTED BY CCUNCIUNaMER UHRYN
AN ORDINANCE TO TRANSFER $150,000 FROM THE FY
2006-07 TGIF FUND AND $150,000 FROM CIP #3-368,
VARIOUS SITE ACQUISITIONS, TO THE DEPARTMENT OF
PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07
OPERATING BUDGET FOR A RESORT AREA STRATEGIC
ACTION PLAN
WHEREAS, in December of 2005, City Council adopted an Oceanfront Resort Area
Plan, Resort Area Design Guidelines and a number of related amendments to the City
Zoning Ordinance.
WHEREAS, subsequent efforts are necessary to further refine the content of these
adopted documents to further express the City's vision for the Oceanfront Resort Area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $150,000 is hereby transferred from the FY 2006-07 TGIF Fund to the
Department of Planning and Community Development's FY 2006-07 Operating Budget;
and
2. That $150,000 is hereby transferred from CIP #3-368, Various Site Acquisitions,
to the Department of Planning and Community Development's FY 2006-07 Operating
Budget for the solicitation of proposals for a Resort Area Strategic Action Plan.
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2007.
Approved as to Content:
JK I=, , �,
anag me t Services
CA10383
May 31, 2007
R-2
Approved as to Legal Sufficiency:
City Attorney's Offic
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $150,000 from the FY 2006-07 TGIF Fund and $150,000 from
CIP Project #3-368, Various Site Acquisitions, to the Department of Planning and
Community Development's FY 2006-07 Operating Budget for a Resort Area Strategic
Action Plan
MEETING DATE: June 12, 2007
■ Background: In December 2005, City Council adopted an Oceanfront Resort Area
Plan, Resort Area Design Guidelines, and a number of related amendments to the City Zoning
Ordinance. City Council has directed staff to refine the content of these adopted documents to
further express the vision.
The proposed Resort Area Strategic Action Plan would provide more detailed information and
enhanced graphic representation of possible land uses, site designs, architectural elements,
and overall vision for the Resort Area. It also would provide a general overview of related public
infrastructure needs necessary to implement the vision. The Department of Planning and
Community Development will solicit proposals for this Resort Area Strategic Plan.
■ Considerations: The planning policies cited in the City's Comprehensive Plan, the
Oceanfront Resort Area Plan, and other approved planning studies affecting the Oceanfront
Resort Area offer a range of important area -wide and systems -based goals. These resort area
policies outline, in general terms, a coherent approach that advances reasonable economic
growth and neighborhood stability. They also take into account the need for effective
coordination with the U.S. Navy concerning military operations affecting this area. While
remaining in alignment with these issues, an opportunity exists to further refine the 2005 policies
by creating a Resort Area Strategic Action Plan.
■ Public Information: Public information will be handled through the normal City Council
agenda process.
■ Recommendation: It is recommended that Council approve the transfer of $150,000
from the FY 2006-07 TGIF Fund and $150,000 from CIP #3-368, Various Site Acquisitions, to
the Department of Planning and Community Development's FY 2006-07 Operating Budget for
the solicitation of proposals for a Resort Area Strategic Action Plan.
■ Attachment: Ordinance
Requested by Councilmember Uhrin
1 AN ORDINANCE TO APPROPRIATE $49,572 FROM THE
2 DEA SEIZED PROPERTY SPECIAL REVENUE FUND AND
3 $23,000 FROM THE SALE OF WEAPONS FUND TO THE
4 POLICE DEPARTMENT'S FY 2007-08 OPERATING
5 BUDGET TO PURCHASE REPLACEMENT COMPUTER,
6 FORENSIC LAB, AND FITNESS EQUIPMENT FOR THE
7 POLICE DEPARTMENT'S COMPUTER CRIMES UNIT AND
8 THE WELLNESS CENTER
9
10 WHEREAS, the Police Department has identified $49,572 within the FY 2007-08
11 DEA Seized Property Special Revenue Fund and $23,000 from the FY 2007-08 Sale of
12 Weapons Fund for the purchase of replacement computer, forensic lab, and fitness
13 equipment; and
14
15 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That $49,572 is hereby appropriated from the DEA Seized Property Special
19 Revenue Fund and $23,000 is hereby appropriated from the Sale of Weapons Fund to the
20 Police Department's FY 2007-08 Operating Budget for the purchase of replacement
21 computer, forensic lab, and fitness equipment.
22
23 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2007.
Approved as to Content:
ManagofneNt Services
CA10428
May 31, 2007
R2
Approved as to Legal Sufficiency:
City Attorney's Office <"J
r
,7
ice' ✓ 5�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $49,572 from the DEA Seized Property Special Revenue
Fund and $23,000 from the Sale of Weapons Fund to the Police Department's FY2007-
08 Operating Budget to Purchase Computer, Forensic Lab and Fitness Equipment for
the Police Department's Computer Crimes Unit and the Wellness Center
MEETING DATE: June 12, 2007
■ Background: The Police Department would like to purchase equipment that includes
replacement computer equipment for the computer crimes unit ($30,327), replacement of
forensic lab equipment for the computer crimes unit ($5,540), replacement of various
technological -based investigative equipment ($31,650), and a replacement elliptical machine for
the wellness center ($5,055).
■ Considerations: Funds are available through the DEA Shared Asset Special Revenue
Fund that provides law enforcement agencies monetary resources to assist in accomplishing
their mission. Funds are also available through the Sale of Weapons fund that was established
for revenue generated through the sale of the former model of service weapons and shotguns.
The department transitioned to newer models of service weapons during the past four years.
Funding for this transition came from a combination of DEA Shared Asset Funds, Sale of
Weapons Fund, and the General Fund.
■ Public Information: Public information would be made available through the normal
Council Agenda process.
■ Alternatives: Alternatives include requesting funds through the Operating Budget
process for FY 2008-09, soliciting grant funds when available, or continue to operate with
current equipment that has exceeded or will soon exceed their lifecycle.
■ Recommendations: It is recommended that $49,572 be appropriated from the DEA
Seized Property Special Revenue Fund and $23,000 from the Sale of Weapons Fund to
purchase this equipment.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Departme t/Agency: Police Department
City Manager:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO APPROPRIATE $38,563 FROM COST
RECOVERY REVENUE AND $10,716 FROM THE FIRE
DEPARTMENT GIFT FUND TO THE FIRE
DEPARTMENT'S FY 2006-07 OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $38,563 in cost recovery revenue is hereby appropriated to the Fire
Department's FY 2006-07 Operating Budget for reimbursement of various costs,
with miscellaneous revenue increased accordingly.
2. That $10,716 in additional gift fund revenue is hereby accepted and
appropriated to the Fire Department's FY 2006-07 Operating Budget to support
several fire programs with gift fund revenue increased accordingly.
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2007.
Approved as to Content:
en Services
CA10424
R4
June 1, 2007
Approved as to Legal Sufficiency:
City Attorney's Office
f Z
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $38,563 from Cost Recovery Revenue and
$10,716 from the Fire Department Gift Fund to the Fire Department's FY 2006-
07 Operating Budget
MEETING DATE: June 12. 2007
■ Background: The Virginia Beach Fire Department receives income throughout
the fiscal year for cost recovery of expenses mitigating hazardous materials incidents,
use of training facilities and instructors, court ordered fines for department expenses
related to false calls and intentionally set fires, and gifts to the organization. Each of
these specific types of unanticipated revenues are placed in itemized revenue accounts
to facilitate correct appropriation back into operating budgets and historical evaluation of
cost recovery efforts.
■ Considerations: The requested appropriation of cost recovery funds totaling
$38,563 will be apportioned back into the Fire Department's Operating budgets for
payroll, equipment/supplies and apparatus maintenance/fuel based on the average
distribution of expenses for all affected events and incidents during the fiscal year. The
gift fund balance of $10,716 will be used to purchase items specifically designated for
livability items designated for specific fire stations, Operation Smoke Detector, and
special projects of the Life Safety Education program.
■ Public Information: Public Information will be handled through the normal
Council agenda process.
■ Alternatives: Various grants and programs are entered into with the
understanding that cost recovery is available and will be used. Without appropriating
the cost recovery funding, operating budgets cannot support specific activities such as
partnerships in training, or would be forced to estimate revenues continuously during
the year. Cost recovery is not a steady revenue stream and does not lend itself to
incorporation into the budget in that manner. Appropriation of donated funds in this
manner maintains accountability as well as improves assurance funds are used in a
timely and appropriate manner.
■ Recommendations: Appropriate $38,563 from the designated cost recovery
sources into the Fire Department operating budget. Appropriate $10,716 from the Fire
Department gift fund to facilitate designated expenditures.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Departrent/Agency: Fire Department
City Manager:
✓ G�
operations as the design changes are applied and the existing data converted.
Council will schedule VCAIS upgrades of jurisdictions that have made arrangements with
Virginia Beach for assisting in the cost of Version 3. Be prepared to wait until a site visit can be
reasonably scheduled. It will not be strictly first-come, first-served, but will accommodate
CASC's engineer's schedule and the most efficient use of his time.
VERSION 2 STILL WORKS
Because the existing design of VCAIS 2 does not depend on a central template and there is no
central replica of the VCAIS application, the timing of the upgrade is not critical. Version 2 will
continue to provide the same performance for as long as you care to run it. The features offered
by Version 3 are significant, this is a clear step in the evolution of an operational program.
Council will continue to provide support for VCAIS Version 2 as needed but no new features
will be added to the Version 2 design. Support will be luted to resolving operational problems.
All future VCAIS design enhancements will build on the Version 3 design template.
SHARED COST SCHEDULE
The following schedule is based generally on the following formula:
s=16
1.2 U"Maysm $600
34 amoonoyW SM
,a-iG a0orasys■ iy.Q00
11-15 aliornvys� 4'i,500
16-20 aftmeys- 42,000
21-25 QWMVP 43.000
28-0 SUOrneywPA00
31* amomwpp 46,000
Commonwealth's Attorney's office which plans to deposit the funds in that office's technology
budget.
Checks should be made out to "The Treasure of the City of Virginia Beach"
BUT MAII.ED TO:
Office of the Commonwealth's Attorney -Virginia Beach
c/o A.B. Chapman, Administrator.
2425 Nimmo Parkway
Virginia Beach, Virginia 23456
Please ensure that the checks are sent directly to the Virginia Beach_ Commonwealth's
Attorney's office. A check sent straight to the Treasurer's office would be deposited in the
City of Virginia Beach General Funds.
The Virginia Beach Commonwealth's Attorney's Office will be happy to send you an invoice for
the upgrade, and this may help speed the process through your County or City Administrators
infrastructure. If you desire such an invoice, please contact:
'V'ielde P. Rogers, (757) 385-8723 or e-mail: yRogM&ce.vbeoy.com.
Also, Lotus Notes has changed significantly since 2000 and the contractor who did the Version 3
programming used many of the newly added Lotus Notes features to add functionality to VCAIS.
Consequently, Version 3 requires a more up-to-date version of Lotus Notes (the workstation
client) and Domino (the server platform) than was needed for the earlier version of VCAIS.
Version 3 requires Lotus Notes and Domino version 6.5.5 or newer to ensure compatibility.
If you are not using this newer version of Notes you will need to uipgrade to the most
current version. Purchase of updated Lotus software is the responsibility of the local
jurisdiction and the software licenses must be obtained via your normal IT software procurement
process. The CASC engineer will be happy to cooperate with your IT resources to identify the
proper components that need to be ordered and he will work with your office to install the new
version of Lotus,
UPGRADING TAKES TIME
There are more than 45 offices running Version 2 of VCAIS and the conversion process will take
some time. CASC has one full-time support resource for VCAIS who already is regularly
overscheduled by local emergencies. Council is investigating ways to add manpower to the
upgrade process.
Converting VCAIS Version 2 to Version 3 requires significant work. The Virginia Beach
installation required an entire 3 -day weekend of data conversion. This is not a do-it-yourself
conversion. A careful screening of the existing local design is necessary to ensure that all local
customizations are retained in the new design on the local server. Conversion processes for
smaller sites will be much quicker but will still require a period of down-time for VCAIS
another: This change is helpful in cases where there are codefendants and eliminates
having to enter the same witness information on all cases.
• VCAIS Version 2 supported only a single offense date; Version 3 enables the user to
specify a range of dates.
• Version 3 adds a greatly enhanced closing letter program. The program reviews a case
that has been concluded, gathers all sentence information and prepares a closing letter to
selected witnesses.
• Version 3 checks court event dates to avoid entering weekends and court holidays.
Override capabilities give complete control to the user.
• Version 3 includes a new application to manage asset forfeiture cases. It allows
automation and standardization of asset forfeiture documents and procedures. (Microsoft
Word templates for the majority of orders and letters are required for the asset forfeiture
management application.]
• Version 3 users now have the ability to enter gang affiliation from a locally -defined pick
list.
• Version 3 has the capability to include alternate address information so home and work
addresses can be recorded with witness information,
• The enhanced Version 3 Multiple Charge feature is easier to use and allows for entry of
different victim information for each of the charges.
• Version 3 permits entry of multiple victims on indictments.
• Version 3 has a new database that will track restitution details for those offices that
monitor restitution.
• Version 3 has added five new variables that can be added to the language that makes up
the body of the indictment. This highly sought after change provides significant
enhanced capabilities in offenses like forgery and uttering, use of false identification,
credit card fraud and drug offenses.
UPGRADING COSTS MONEY
VCAIS is now more than seven years old. Initial funding for VCAIS was provided by Federal
grant funds and a one-time investment from the Public Defenders led to Version 2. The
Commonwealth's Attorney's Services Council does not have a budget line item for VCAIS except
for the services of the Lead Engineer. The Commonwealth of Virginia funnels all IT investments
through the Virginia Information Technology Agency (VITA) and VITA does not provide
support for Lotus Notes and Domino as approved technologies for state agencies.
A 2005 review of VCAIS by an outside contractor found that the underlying structure of VCAIS
was sound, the use of Lotus Notes and Domino as the platform was appropriate and replacement
with other technology would require a major financial investment, The current upgrade is
substantially less expensive.
Virginia Beach funded the development of VCAIS Version 3 at a cost of approximately $50,000.
During the process, it was suggested that participating VCAIS jurisdictions share in the
development costs in proportion to their usage of VCAIS. A schedule was prepared that reflects
each office's share and that schedule is attached. The funds will be paid to the Virginia Beach
design template will be carefully controlled to ensure the integrity of the core design.
Version 3 preserves one of the biggest strengths of VCAIS: the flexibility that allows each site to
have features unique to the site. That means local customization of the VCAIS form documents
(e.g,, subpoenas, indictments, transportation orders, and witness letters) will remain under
complete control of the local jurisdiction and local custom features will be protected from change
in the template update process.
Performance Stabilization: VCAIS Version 2 uses a two -database design to contain the data.
the Open Case Database and the Closed Case Database. The size of the open case database
reasonably stable but the natural growth over time of closed cases in every juriscc...tion sloe-
performance in the closed case database, More significantly, the process of closing an open case
in the open case database takes longer and longer because the process that moves the case
requires an update to all of the active indices in the closed case database. Version 3 uses a
three -database design: an open case database, a closed case database and an archived case
database. The archived case database contains cases that meet a pre -defined age threshold.
Cases are moved from the closed case database to the archive on a nightly basis by a scheduled
program process. Index refreshes of the growing archive database occur after normal working
hours when user load is small and server availability is at a maximum. Cases in the open case
database will continue being closed as before and the more stable size of the closed case database
allows the process of updating indices to remain consistent. This design has been in operation in
Virginia Beach for over six months and has proved to be effective solution to the performance
dilemma. The streamlined and compact index structure of the archived case database should
offer long-term performance consistency for even the Iargest offices.
User Interface Modernization- The VCAIS Version 2 user interface was based on the
technology available in Lotus Notes/Domino version 4,6, Lotus Notes is now in version 7,0.2
with version 8.0 now in beta testing. The VCAIS user interface takes advantage of these new
capabilities and gives the screens an updated appearance. Functionality of the various buttons
and menus has not changed.
Bug ,Fixes: A number of minor, annoying bugs in the VCAIS Version 2 application have been
corrected. The most noticeable one caused some cases that were closed to remain in the open
database. Another error did not allow the name of the defense attorney to be pushed down to
new events. Dialog boxes used to select charges on events have been improved to allow a more
precise selection of charges. The box now includes victim's name and date of offense,
New Capabilities and Features:
• Version 3 allows simultaneous searching of defendant information in open, closed and
archived databases and the search result includes the number of cases available in each
database with links to all three databases, In Version 2 the Open and Closed databases
had to be searched separately.
M A new document type has been added that allows detailed information of forensic
evidence submission and tracking.
9 Version 3 provides a new capability for copying witness information from one case to
MM4NWEALTH o,('VIRGINIA
Commonwealth's Attorneys' Services Council
Post 01rim Box Jtwo, Williiamsbarg, Virginia 23187-3549
Telephoner (757) 253-4M Fax: (757 253-7159
EmaNcasrofJ�wm.edu Websift www.®s sing va.us
Date: March 12, 2007
To: Commonwealth's Attorneys - VCAIS Jurisdictions
From: Bob Harris
Re: VCAIS Version 3
As most of you know, the basic design of VCAIS has not changed significantly since the release
of Version 2 in 2000. This past year the City of Virginia Beach funded a project to refresh the
core design of VCAIS and the result is VCAIS Version 3.0. I am writing to let you know about
the features of Version 3 and the current plans to make the updated version available to the 45
VCAIS jurisdictions. In a nutshell, the new Version 3 is a very good product; those jurisdictions
that choose to upgrade will be asked to share in the development cost; Council asks you to be
patient as we work to schedule upgrades; and, Version 2 will continue to provide the same
performance if you do not upgrade. The rest of this letter is the details.
VCAIS VERSION 3
The VCAIS User's Group submitted a list of requests and suggestions based on users' experience
with the existing product and Virginia Beach was able to incorporate many of the changes into
the Version 3 design. There are numerous benefits to the new design, the most significant of
which are'listed below:
Design Stabilization : One of the biggest challenges in VCAIS has been the badly fragmented
core design that has developed since 2000. Each new installation received a slightly different,
more evolved version of VCAIS. One of the primary goals of Version 3 is to fix and unify this
constantly changing design. Version 3 will have what Lotus Notes calls a design template that
contains the basic core design of VCAIS. As new changes and bug fixes are added to the design,
the template will be updated and replicated automatically to each. VCAIS server in our domain.
The individual Domino server automatically will update the design of VCAIS at each site. The
1
1 AN ORDINANCE TO ACCEPT $60,000 FROM OTHER
2 COMMONWEALTH'S ATTORNEY'S OFFICES AND
3 APPROPRIATE $40,000 TO THE FY 2006-07 OPERATING
4 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S
5 OFFICE AND $20,000 TO THE FY 2007-08 OPERATING
6 BUDGET OF THE COMMONWEALTH'S ATTORNEY'S
7 OFFICE TO UPGRADE THE VIRGINIA COMMONWEALTH'S
8 ATTORNEY INFORMATION SYSTEM (VCAIS)
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
13 That $60,000 is hereby accepted, with $40,000 appropriated to the FY 2006-07
14 Operating Budget of the Commonwealth's Attorney's Office and $20,000 appropriated to
15 the FY 2007-08 Operating Budget of the Commonwealth's Attorney's Office to upgrade the
16 Virginia Commonwealth's Attorney Information System, with revenue from the
17 commonwealth reflected accordingly.
18
19 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2007.
Approved as to Content:
anagem nt gervices
CA10425
R-3
June 1, 2007
Approved as to Legal Sufficiency:
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: An Ordinance to Accept $60,000 from Other Commonwealth's Attorney's Offices
and Appropriate $40,000 to the FY 2006-07 Operating Budget of the
Commonwealth's Attorney's Office and $20,000 to the FY 2007-08 Operating
Budget of the Commonwealth's Attorney's Office to Upgrade the Virginia
Commonwealth's Attorney Information System (VCAIS)
MEETING DATE: June 12, 2007
■ Background: The Office of the Commonwealth's Attorney in Virginia Beach
funded a project to upgrade the core design of VCAIS, a defendant database used by
Commonwealth's Attorneys in 45 jurisdictions throughout Virginia. Jurisdictions that
choose to upgrade have agreed to share in the development cost.
■ Considerations: This funding can only be used as reimbursement for costs
incurred related to this program.
■ Public Information: Public information will be handled through the normal
agenda process.
■ Alternatives: Without approval, the Virginia Beach Office of the
Commonwealth's Attorney would not receive reimbursement for costs already incurred.
■ Recommendations: Accept $60,000 from other Commonwealth's Attorney's
Offices and appropriate $40,000 to the FY 2006-07 Operating Budget of the
Commonwealth's Attorney and $20,000 to the FY 2007-08 Operating Budget of the
Commonwealth's Attorney.
■ Attachments: Ordinance, Letter from the Commonwealth of Virginia,
Commonwealth's Attorneys' Services Council outlining VCAIS Version 3.
Recommended Action: Approval
Submitting Department/Agency: Office of the Commonwealth's Attorney
City Manager:
Attachment to Ordinance to Appropriate Excess CDBG and HOME Program Income
Revised 6/6/07 to Remove funding for Habitat Project
Proposed Uses of HOME Funds
Purpose/Organization
Amount of
New HOME
Funds
Program Reserves
$150,000
Judeo Christian Outreach -
New Construction: West
$100,000
Lane Multi Family
Judeo Christian Outreach —
$29,869
Acquisition / Rehab
First Time Homebuyer
$150,000
Assistance
Rental Security Deposit
$50,000
Assistance
Total New HOME Funds
$479,869
to Appropriate
Proposed Use of CDBG Funds
Purpose/Organization
Amount of
New CDBG
Funds
Homeowner Rehabilitation
$58,000
— Fagade Program
Homeowner Rehabilitation
$58,208
— Home Repair Program
Total New CDBG Funds
$116,208
to Appropriate
1 AN ORDINANCE TO APPROPRIATE $596,077
2 IN ADDITIONAL COMMUNITY DEVELOPMENT
3 BLOCK GRANT (CDBG) AND HOME
4 PROGRAM INCOME TO THE DEPARTMENT
5 OF HOUSING AND NEIGHBORHOOD
6 PRESERVATION'S FY 2007-08 OPERATING
7 BUDGET
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WHEREAS, more program revenue will be realized in the Department of
Housing and Neighborhood Preservation's CDBG and HOME Programs than
expected due to higher than estimated repayment of loans because of home re -sales
and re -financings.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
(1) That $116,208 from CDBG program income is hereby appropriated to the
Department of Housing and Neighborhood Preservation's FY 2007-08 Operating
Budget to provide additional grants to homeowners for home rehabilitation for facades
and home repair, with estimated revenue from program income increased
accordingly.
(2) That $479,869 from HOME program income is hereby appropriated to the
Department of Housing and Neighborhood Preservation's FY 2007-08 Operating
Budget to provide additional grants to non-profit organizations, and to increase
funding for rental security deposit assistance and to first-time home buyers, with
estimated revenue from program income increased accordingly.
Adopted by the City Council of the City of Virginia Beach, Virginia on this
day of June, 2007.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
ri►.i�6A,yr)
1
Management Services City Attorney's Office
CA10405
R-2
May 23, 2007
Bpi;,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $596,077 in Additional Community Development
Block Grant (CDBG) and HOME Program Income to the Department of
Housing and Neighborhood Preservation's FY 2007-08 Operating Budget
MEETING DATE: June 12. 2007
■ Background: The Department of Housing and Neighborhood Preservation
makes loans and grants to low-income homeowners to assist in rehabilitation of housing
and to first-time homebuyers to make home buying more affordable. Each year, the
department estimates the amount of income to be received from loan payments and
payoffs. In the current year, revenue has significantly exceeded the estimate by
$479,869 for HOME funds and $116,208 for CDBG funds, for a total of $596,077.
This item was deferred by City Council for one week on June 5, 2007.
■ Considerations: This revenue is called "program income" under federal
regulation and must be used for a purpose eligible under the program that provided the
funds. Revenue exceeding estimates is considered to be one-time funding and should
not be utilized for ongoing expenses. Therefore, the department proposes to utilize the
revenue for grants to non-profit organizations and to increase funds available for first-
time homebuyers and homeowners seeking rehabilitation funding, as detailed in the
attached list. The list is revised to allocate the funds previously designated for Habitat
for Humanity to project reserves. If a Habitat project is proposed that is eligible for
funding and approved by Council, Council will have the opportunity to transfer funds via
ordinance to the project at that time.
■ Public Information: Public information will be handled through the normal
Council agenda process.
■ Alternatives: Without action to appropriate the funding, the funds cannot be
utilized. Alternative uses of the funds are possible, but the department's proposed use
closely aligns with the adopted budget, and the department believes it is the most
appropriate usage.
■ Attachments: Ordinance; lisp f proposed uses for funding.
Recommended Action: Approval
�
Submitting Departm nt/Agency: u �`i g �and Neighborhood Preservation
City Manager: ��
-30 -
Item V.J.2.
ORDINANCES/RESOLUTIONS ITEM #56499
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council DEFERRED until
the City Council Session of June 12, 2007:
Ordinance to APPROPRIATE $596,077 in additional Community
Development Block Grant (CDBG) and HOME Program income to the
Department of Housing and Neighborhood Preservation's budget to be
used for additional grants
Voting: 10-0 (By Consent)
Council Members Voting Aye.-
William
ye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 5, 2007
41RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF CIP R soturtoCi U R V E
SCHOOL BOARD FY 2007-08/FY 2012-13 CAPITAL IMPROVEMENT PROGRAM
Camel D. Edwards WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with
Chairman
District 1 . Centerville our entire community, is to ensure that each student is empowered with the knowledge
1513 Beachwew Drive
VA Beach. VA 23464 and skills necessary to meet the challenges of the future; an
495.3551 (h) - 717.0259 (c) WHEREAS, the School Board of the City of Virginia Beach has adopted a
Rita Sweet Bellitto
Vice Chairman comprehensive strategic plan and school improvement priorities to guide budgetary
At-Large decisions; and
P.O. Box 6448
VA Beach, VA 23456 WHEREAS, the School Board has studied the recommended Capital Improvement
418.0960(c)
Program FY 2007-08/FY 2012-13 Amended in view of state and federal requirements,
Todd C. Davidson
At-Large additional demands for space and operations, the strategic plan, priorities,
2424 Savannah Trail expectations, competitive compensation for employees and the best educational
VA Beach. VA 23456
427.3330 (w) - 285-9409 (c) interests of its students; and
Emma L. "Em" Davis WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to
District 5 - Lynnhaven
1125 Michaelwood Drive Virginia Beach City Public Schools under the Revenue Sharing Policy is $390,381, ;
VA Beach, VA 23452 and
340.8911 (h)
Patricia G. Edmonson WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a
Disthct6-Beach balance of $348,979,343 to allocate between the Operating Budget and the Capital
401.205 Harbour Point
VA Beach, VA 23451 Improvement Program; and
428-5240 (h)
WHEREAS, the School Board Proposed Capital Improvement Program has been
Edward F. Fissinger, Sr.
At-Large reconciled to meet the funding provided by the City Council on May 15, 2007.
412 Becton Place
VA Beach. VA 23452 Now, therefore, be it
486-4567(h)
Dan R. Lowe RESOLVED: That the School Board of the City of Virginia Beach adopts a CIP
District 4 - Bayside program of $620,614,484 (as shown on the attached funding summary dated May 22,
4617 Red Coat Road 2007; and be it
VA Beach, VA 23455
490.3661 (h) FURTHER RESOLVED: That the approved School Board Operating Budget allocates
Lyndon S. Remiss $12108658 to PAYGO funding for FY 2007-08; and be it
District 7 -Princess Anne $12,108,658
3225 Nansemond Loop
VA Beach. VA 23456 FURTHER RESOLVED: That the City of Virginia Beach has also transferred
630-6102 (c) $4,488,750 from the Sandbridge TIF to the Schools PAYGO resulting in a total of
Sandra Smith-Jones $16,597,408 allocated towards PAYGO CIP Funding for FY 2007-08;
District 2 - Kempsville
705 Rock Creek Court and be it
VA Beach, VA 23462
490.8167 (h) FURTHER RESOLVED: That a copy of this resolution be spread across the official
Michael W.ose Hall
Stewart
Dminutes of this Board, and the Clerk of the Board is directed to deliver a copy of this
District 3 •R
105 Brentwood Court resolution to the Mayor, each member of City Council, the City Manager, and the City
VA Beach, VA 23452 Clerk.
498.4303 (h) - 445.4637 (w)
Carolyn D. Weems Adopted by the School Board this 22nd day of May, 2007
At-Large
1420 Claudia Drive
VA Beach, VA 23455 SEAL
464-6674 (h)
Daniel D. Edwards, Chairman
SUPERINTENDENT Attest:
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456 I(!
263.1007
Dianne P. Alexander, Clerk of the Board
School Administration Building - 2512 George Mason Drive - P.O. Box 6038 , Virginia Beach, VA 23456-0038 vvww.vbschooIs.com
4p/l IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
BUDGET RESOLUTION
SCHOOL BOARD
WHEREAS, the mission of the Virginia Beach City Public Schools, in partnership with our entire
Daniel D. Edwards community, is to ensure that each student is empowered with the knowledge and skills necessary to
Chairman
District 1 - Centerville meet the challenges of the future; and
1513 Beachview Drive
VA Beach, VA 23464 WHEREAS, the School Board of the City of Virginia Beach has adopted a comprehensive strategic
495.3551 (h) -717.0259 (c) plan and school improvement priorities to guide budgetary decisions; and
Rita Sweet Bellitto
Vice Chairman WHEREAS, the School Board has studied the recommended School Operating Budget FY 2007-
08
At-Large Amended in view of state and federal requirements, additional demands for space and operations,
P O. Box 6448
VA Beach, VA 23456 the strategic plan, priorities, expectations, competitive compensation for employees and the best
418-0960 (c) educational interests of its students; and
Todd C. Davidson WHEREAS, the total funds available for FY 2007-08 from the City of Virginia Beach to Virginia
Al-Large
2424 Savannah Trail Beach City Public Schools under the Revenue Sharing Policy is $390,381,437; an
VA Beach. VA 23456
427.3330 (w) • 285.9409 (c) WHEREAS, the debt service payment is estimated to be $41,402,094 leaving a balance o
Emma L. "Em" Dads $348,979,343 to allocate between the Operating Budget and the Capital Improvement Program.
District 5 - Lynnhaven
1125 Michaelwood Drive WHEREAS, the School Board Proposed Operating Budget has been reconciled to meet the funding
VA Beach, VA 23452 provided by the City Council on May 15, 2007; and
340-8911 (h)
Patricia G. Edmonson Now, therefore, be it
District 5 - Beach
401.205 Harbour Point RESOLVED: That the $348,979,343 be allocated as follows: $336,870,685 to the Operating
VA Beach, VA 23451 Budget, and $12,108,658 to the Capital Improvement Program (CIP); and be it
428.5240(h)
Edward F. Fissinger, Sr. FURTHER RESOLVED: That City of Virginia Beach has also transferred $4,488,750 from the
At-Large Sandbridge TIF to the Schools PAYGO; and be it
412 Becton Place
VA Beach, VA 23452 FURTHER RESOLVED: That the Virginia Beach City School Board requests a lump sum
486.4567 (h)
appropriation of $707,162,127 for FY 2007-08 from the City Council of Virginia Beach for the School
Dan R. Lowe
District 4-Bayside Board ProposedOperating g 0 eratin Budget FY 2007-08 Amended. For information, this includes the
4617 Red Coat Road following categories:
VA Beach, VA 23455
490.3681 (h) Instruction $555,724,972
Lyndon S. Remiss Administration, Attendance and Health 24,189,034
District 7 - Princess Anne Pupil Transportation 30,891,040
3225 Nansemond Loop 96,357,081
VA Beach, VA 23456 Operations and Maintenance
630-6102 (c)
and be it
Sandra Smith-Jones
Distnct2-KempsvUle FURTHER RESOLVED: That the School Board of the City of Virginia Beach requests an
705 Rock Creek Court
VA Beach, VA 23462 appropriation of $102,338,368 for special grants, and other special revenue funds, for the 2007-2008
490-6167 (h) fiscal year; and be it
Michael W. Stewart
District 3 - Rose Hall FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this
105 BrentwooACoun Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each
VABeachrVA 23452
498.4383 (h) •.445.4637 (w) member of City Council, the City Manager, and the City Clerk.
carotyn.p. Weems Adopted by the School Board this 22"d day of May, 2007
At"42D e
1 C
1420 Fi9udia Drive
VA Basch, VA 23455 SEAL
464.6@74 (hl
Daniel D. Edwards, Chairman
SUPERINTENDENT Attest:
James G. Merrill, Ed.D.
2512 George Mason Drive
VA Beach, VA 23456 /�►( • �(% e ,
263.1007 LY/ 1� nd .• r " V - C•�/�—
Dianne P. Alexander, Clerk of the Board
School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038
Summary of School Budget Changes
School Budget Changes Requested
Adopted by by the School Board School Board
City Council to Distribute the Adopted
School Operating Fund
$ 704,976,713
on May 15th
2,185,414
Reductions
Administration, Attendance, and Health
May 22nd
Revenue from Local Sources
(179,576)
$ 24,189,034
Instruction
$ 559,642,494
$
(3,917,522)
From Use of Money and Property
$
465,000
$
-
$
465,000
Charges for Services
$
1,761,594
$
-
$
1,761,594
Miscellaneous Revenue
$
472,000
$
-
$
472,000
Revenue from the Commonwealth
$ 10,920,916
$
10,920,916
$ -
$
-
State Share Sales Tax
$
76,188,327
$
222,435
$
76,410,762
Other Sources from the Commonwealth
$
275,447,976
$
962,979
- $276,410,955
Revenue from the Federal Government
$
14,771,131
$
-
$
14,771,131
Transfers from Other Funds
$
335,870,685
$
1,000,000
$336,870,685
Total Revenue
$ 704,976,713
$
2,185,414
$707,162,127
Administration, Attendance, and Health
$ 24,368,610
$
(179,576)
$ 24,189,034
Instruction
$ 559,642,494
$
(3,917,522)
$555,724,972
Operations and Maintenance
$ 98,565,877
$
(2,208,796)
$ 96,357,081
Pupil Transportation
$ 33,767,508
$
(2,876,468)
$ 30,891,040
Less City Reduction
4,195,708
$
(67,411) $
4,128,297
Reduction by the City Manager
$ (446,860)
$
446,860
$ -
Reduction by the City Council
$ 10,920,916
$
10,920,916
$ -
Total School Operating Fund $ 704,976,713 $ 2,185,414 $707,162,127
School General Revenue Capital Projects Fund
nsfer from Other Funds $ 13,108,658 $ (1,000,000) $ 12,108,658
)ital Project 1-006 Various Site Acquisition- Phase 1 $ 1,000,000 $ (1,000,000) $ -
School Athletic Special Revenue Fund
Revenue from Local Sources
From Use of Money and Property
$
45,000
$
- $
45,000
Charges for Services
$
484,348
$
- $
484,348
Miscellaneous Revenue
$
4,195,708
$
(67,411) $
4,128,297
Specific Fund Reserves
$
24,000
$
- $
24,000
$
4,749,056
$
(67,411) $
4,681,645
Education - Athletic
$
4,749,056
$
(67,411) $
4,681,645
46
47
48
49
50
51
52
53
54
55
56
57
58
2. That the General Fund transfer to the Capital Improvement Program is hereby
decreased by $1,000,000, resulting in a total transfer from the General Fund of
$12,108,658. And that appropriations to Capital Project 1-006, Various Site Acquisitions —
Phase I are decreased by $1,000,000 accordingly.
3. That $1,185,000 in additional state revenues is hereby appropriated to the FY
2007-08 School Operating budget.
4. That $67,411 in appropriations to the School Athletic Special Revenue Fund is
hereby reduced in the FY 2007-08 Schools budget, with local revenue decreased
accordingly, resulting in a total appropriation of $4,681,645.
Requires an affirmative vote by a majority of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2007.
Approved as to Content:
A"
Manag en Services
CA10427
May 31, 2007
R2
Approved as to Legal Sufficiency:
City Attorney's Office
1 AN ORDINANCE TO REVISE CATEGORICAL
2 APPROPRIATIONS FOR THE SCHOOL OPERATING FUND
3 AND AMEND THE CITY'S FY 2007-08 OPERATING
4 BUDGET AND FY 2007-08 CAPITAL IMPROVEMENT
5 BUDGET AS REQUESTED BY THE SCHOOL BOARD
6
7
8
9
10
11
12
13
14
15
16
17
18
19
WHEREAS, the City's FY 2007-08 Operating Budget as approved by City Council
on May 15, 2007, required a $10,920,916 reduction to total school funding; and
WHEREAS, to achieve a portion of this reduction, the School Board desires to
decrease the General Fund transfer to a school project in the Capital Improvement
Program for various site acquisitions; and
WHEREAS, additional state revenues in the amount of $1,185,414 is available for
school operations; and
WHEREAS, the transfer from the School Operating fund to the School Athletic
Special Revenue Fund will be decreased by $67,411; and
20 WHEREAS, a resolution to revise the categorical appropriations in the School
21 Operating Fund, reduce the General Fund transfer to the School Operating Fund, and to
22 reduce the funds available to the Schools other special revenue funds was approved by the
23 School Board on May 22, 2007; and
24
25 WHEREAS, a resolution to decrease the General Fund transfer to the Capital
26 Improvement Program for student various site acquisitions was approved by the School
27 Board on May 22, 2007.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. That the following adjustments are hereby allocated to the following categories in
33 the FY 2007-08 School Operating Budget:
34
35 (a) appropriations to the Instruction category are decreased by $3,917,522, resulting
36 in a total appropriation of $555,724,972; and
37
38 (b) appropriations to the Administration, Attendance and Health category are
39 decreased by $179,576, resulting in a total appropriation of $24,189,034; and
40
41 (c) appropriations to the Pupil Transportation category are decreased by
42 $2,876,468, resulting in a total appropriation of $30,891,040; and
43
44 (d) appropriations to the Operations and Maintenance category are decreased by
45 $2,208,796, resulting in a total appropriation of $96,357,081.
Sj
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Revise Categorical Appropriations for the School Operating Fund and
Amend the City's FY 2007-08 Operating Budget and FY 2007-08 Capital Improvement
Budget as Requested by the School Board
MEETING DATE: June 12, 2007
■ Background: The FY 2007-08 Operating Budget adopted by City Council on May 15,
2007 required the Schools to reduce the School Board approved budget by $10,920,916. On
May 22, 2007, the School Board adopted a budget resolution to reconcile the funding provided
by City Council and revise their categorical expenditure appropriations. Additionally, the School
Board also decreased appropriations and estimated revenues in the amount of $67,411 in the
School Athletic Special Revenue Fund for FY 2007-08.
■ Considerations: In view of State and Federal requirements, additional demand for
space and operations, the strategic plan, priorities, expectations, competitive compensation for
employees, and the best educational interests of its students, the School Board requests City
Council approval of the changes on the attachment, "Summary of School Budget Changes".
The combined City Manager and Council reduction totaled $11,367,776. To achieve this
reduction, the School Board reduced categories in the School Operating Fund by $9,182,362,
appropriated new estimates of state revenue totaling $1,185,414, and decreased the transfer to
the School CIP by $1,000,000 (thereby retaining these funds in the School Operating Fund).
The School Board also requests that appropriations in the School Athletic Special Revenue
Fund be decreased by $67,411. As a result of these changes, the number of positions will be
decreased by 47 from the budget approved by City Council on May 15, 2007.
■ Public Information: Public information will be handled through the normal Council
agenda process.
■ Recommendations: It is recommended that the City Council amend the Fiscal Year
2007-08 Operating Budget and Fiscal Year 2007-08 Capital Improvement Budget to reflect the
requested modifications to the School Board's Fiscal Year 2007-08 Operating and Capital
Budgets.
■ Attachments: Ordinance, Summary of School Changes, School Board Budget
Resolution dated May 22, 2007, School Board CIP Resolution dated May 22, 2007.
Recommended Action: Approval
Submitting Department/Agency: School Board
City Manager: I—
SUMMARY OF TERMS
COST PARTICIPATION AGREEMENT FOR DESIGN
OF WESLEYAN DRIVE ROADWAY IMPROVEMENTS
Cit off Virginia Beach's Responsibilities:
• Cause to be designed, in accordance with all applicable specifications and
standards of the Virginia Department of Transportation, roadway improvements
that will result in the widening of the portion of Wesleyan Drive between its
existing terminus at Northampton Boulevard and its intersection with Baker Road.
• Act as Project Manager for the design of the Roadway Improvements.
• Responsible for the following: soliciting proposals for the design of the Roadway
Improvement; awarding the design contract; overseeing and managing the design
of the Roadway Improvements; and preparing final bid plans and specifications
for construction of the Roadway.
• Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive
lying in Virginia Beach.
• Issue a request for proposals ("RFP") seeking proposals for geotechnical and
topographic studies and the design of the Roadway Improvements.
• Convene a meeting of the Design Team for the purpose of reviewing proposals
and selecting a design contractor.
• Award the design contract.
• Jointly conduct at least one (1) citizen information meeting and one (1) design
public hearing with Norfolk.
• Secure access to private property during the design phase.
• Coordinate with the private utility companies to determine if any relocation is
necessary.
City of Norfolk's Responsibilities:
• Designate one of its employees as an Assistant Project Manager.
• Pay all design costs for Roadway Improvements to the portion of Wesleyan Drive
lying in Norfolk.
• Transfer funds for design of the Roadway Improvements, plus a fifteen percent
(15%) contingency, from its Regional Surface Transportation Program ("RSTP")
funds, to Virginia Beach.
• Jointly conduct at least one (1) citizen information meeting and one (1) design
public hearing with Virginia Beach.
• Secure access to private property during the design phase.
• Coordinate with the private utility companies to determine if any relocation is
necessary
CITY OF VIRGINIA BEACH
By:
City Manager
City Manager
APPROVED AS TO CONTENT:
Department of Public Works, Virginia
Beach
APPROVED AS TO LEGAL
SUFFICIENCY:
CITY OF NORFOLK
APPROVED AS TO CONTENT:
Director, Department of Public
Work, Norfolk
APPROVED AS TO FORM AND
CORRECTNESS:
Office of City Attorney, Virginia Beach Assistant City Attorney, Norfolk
3
(b) Compliance With All Laws. The parties shall comply with all
federal, state and local statutes, ordinances, and regulations now in effect or hereafter
adopted, in the performance of their obligations set forth herein. The parties shall at all
times observe all health and safety measures and precautions necessary for the sanitary
and safe performance of their obligations set forth herein.
(c) Venue. Any and all suits for any claims or for any and every
breach or dispute arising out of this Agreement shall be maintained in the appropriate
court of competent jurisdiction in the City of Virginia Beach.
16. Notices. Any notice given hereunder may be mailed, delivered or faxed
to the named project contact at the address provided below:
For Virginia Beach: Tabitha Crowder, P.E.
City of Virginia Beach
Dept. of Public Works
2405 Courthouse Drive, Building 2
Virginia Beach, Virginia 23456
(757)385-5668
For Norfolk: Rob Brown, P.E.
City of Norfolk
Dept. of Transportation
810 Union St — Room 200
Norfolk, VA 23510
(757)664-7311
17. Force Majeure. Neither party shall be deemed to be in default with
respect to the performance of any of the terms, covenants and conditions of this
Agreement where a party's failure to perform, or delay in performance, is caused by war,
invasions, insurrection, blockage, domestic or foreign embargoes, riots, floods,
earthquakes, fire, epidemics, lock -outs or other labor disturbance adversely affecting the
party's ability to perform, interruption, delay or other inadequacy of carriers or other
transportation facilities of any type, the operation of domestic or foreign statutes, law,
rules, rulings or regulations, interference by domestic, civil or military authority, agency
or governmental unit, shortages of materials, services or supplies, failure of parties with
whom the party has contracted for services to provide the same, or any other causes
whether of the same or different character from those herein specified, which cannot be
avoided or prevented by the due diligence of the party. To the extent that any such cause
of the party's failure or delay in performance ceases, the period for the performance by
the party of any act required under the terms of this Agreement shall be extended for a
reasonable period of time thereafter.
IN WITNESS WHEREOF, the parties hereto have executed and sealed Agreement as of
the day and year first above written.
k,
II. General Provisions.
9. Term. This agreement shall be effective upon execution and shall remain
in full force and effect until the completion of the Roadway Improvements design.
10. Termination. In the event that either party shall for any reason or through
any cause be in default of the terms of this Agreement, the other party may give it written
notice of such default. Unless otherwise provided, the party in default shall have twenty-
one (21) days from the date such notice is mailed or delivered in which to cure the
default, except to the extent such cure period requires a reasonably longer period, in
which case, such longer period shall apply, provided, however, that such actions required
to cure are commenced and proceeded with to completion in a prompt and diligent
manner. If such default is not timely cured, the other party may cancel and terminate this
Agreement as of the date of the default notice.
This Agreement may also be terminated without cause by either party. The party
seeking to terminate the Agreement shall give the other party sixty (60) days prior written
notice, at the address set forth in Section 16 herein, of its intention to terminate. Each
party shall pay its share of the expenditures outstanding at termination.
11. Assignment. Neither party shall assign its rights and duties under this
Agreement without the prior written consent of the other party, which shall not be
unreasonably delayed, refused or denied.
12. Modification. No modification of, this Agreement shall be effective
unless made in writing and executed by the authorized representatives of both parties.
13. Performance. The parties shall perform their respective obligations to
effectuate the intent of this Agreement in a timely and diligent manner, with time being
of the essence.
14. Indemnification. To the extent permitted by law, and without waiving
their sovereign immunity, the parties shall be responsible to one another for any and all
damages to persons or property caused by, resulting from, or arising out of any gross
negligence or intentional wrongdoing on the part of the party, its contractors,
subcontractors, agents or employees under or in connection with this Agreement.
15. Applicable Law; Compliance With All Laws; Venue.
(a) Applicable Law. This Agreement shall be deemed to be a
Virginia contract and shall be governed as to all matters whether of validity,
interpretations, obligations, performance or otherwise exclusively by the laws of the
Commonwealth of Virginia, and all questions arising with respect thereto shall be
determined in accordance with such laws. Regardless of where actually delivered and
accepted, this Agreement shall be deemed to have been delivered and accepted by the
parties in the Commonwealth of Virginia.
of the design of the Roadway Improvements. Norfolk shall transfer funds to Virginia
Beach within sixty (60) days of execution of this Agreement.
Virginia Beach shall use its RSTP funds to pay for Virginia Beach's
portion of the design for the Roadway Improvements.
6. Award of Roadway Improvements Design Contract.
(a) Within ninety (90) days of the execution of this Agreement, Virginia
Beach shall issue a request for proposals ("RFP") seeking proposals for geotechnical and
topographic studies and the design of the Roadway Improvements. The RFP shall be
issued in accordance with the consultant procurement requirements contained in the
Urban Construction Initiative, Program Administration Guide of the Virginia Department
of Transportation.
(b) Within fourteen (14) days after receipt of the proposals, Virginia Beach
shall convene a meeting of the Design Team for the purpose of reviewing the proposals
and selecting a design contractor. After a contractor has been selected, Virginia Beach
shall award the design contract.
7. Roadway Improvements Design Phase.
(a) During the design phase of the Roadway Improvements, the parties shall
jointly conduct at least one (1) citizen information meeting and one (1) design public
hearing for the purpose of collecting public input on the Roadway Improvements.
(b) Plans shall be submitted by the design contractor to Virginia Beach at
intervals of twenty five percent (25%), fifty five percent (55%), ninety percent (90%),
one hundred percent (100%), and final bid plans. Design plans shall be distributed by
Virginia Beach to the Design Team for review. The Design Team shall convene to
review and discuss the design plans.
(c) If necessary, each party shall be responsible for securing access to private
property in their respective locality during the design phase so that survey or
environmental investigations may be completed.
(d) Each party shall coordinate with the private utility companies in their
respective locality to determine if any relocation is necessary and to obtain an estimate of
work to be completed.
8. Change Orders. Either party may request a change order during the term of this
Agreement. The party requesting a change order shall promptly notify the other party, in
writing, of the nature of the change order. If the party receiving a notice of requested
change order objects, the Design Team shall convene to review and discuss the requested
change order. The Project Manager shall have the authority to make the final
determination as to the necessity of a requested change order, after consultation with the
Assistant Project Manager. The Design Team shall convene to review any proposed
change order which would exceed one percent (I%) of the cost of the design contract.
3
Northampton Boulevard and its intersection with Baker Road ("Roadway
Improvements"). The design shall include all survey, geotechnical and engineering work
to prepare a complete set of construction documents required for the Roadway
Improvements. The typical section to be included in the Roadway Improvements shall be
an arterial four -lane divided roadway. The Roadway Improvements project shall be
established as a locally administered project by the City of Virginia Beach for the
Virginia Department of Transportation.
2. Project Manager. The Project Manager for the design of the Roadway
Improvements shall be an employee of the City of Virginia Beach. As the Project
Manager, Virginia Beach shall be responsible for the following: (1) soliciting proposals
for the design of the Roadway Improvement; (2) awarding the design contract; (3)
overseeing and managing the design of the Roadway Improvements; and (4) preparing
final bid plans and specifications for construction of the Roadway Improvements.
Norfolk shall designate one of its employees as an Assistant Project Manager.
3. Design Team. A Design Team shall be established for the purpose of
developing design objectives and requirements, reviewing design proposals, and
reviewing design plans. The Design Team shall consist of the following members: (1)
representatives of both parties' Departments of Public Works; and (2) any other
individual deemed necessary by both parties for the completion of the design. The
Design Team shall convene as necessary to accomplish the objectives set forth in this
section.
4. Cost Allocation. The cost of designing the Roadway Improvements shall
be borne as follows:
(a) Virginia Beach shall be responsible for paying all design costs for
Roadway Improvements to the portion of Wesleyan Drive lying in Virginia Beach,
namely between the intersection of Wesleyan Drive and Bakers Road, and the city line
(approximately 0.45 mile). The design shall be prepared in accordance with the Virginia
Department of Transportation specifications and standard(s) associated with a four -lane
divided urban roadway.
(b) Norfolk shall be responsible for paying all design costs for Roadway
Improvements to the portion of Wesleyan Drive lying in Norfolk, namely between the
intersection of Northhampton Boulevard and Wesleyan Drive, and the city line
(approximately 0.40 mile). The design shall be prepared in accordance with the Virginia
Department of Transportation specifications and standard(s) associated with a four -lane
divided urban roadway.
5. Payment. Each party shall fund its respective portion of the design costs
for the Roadway Improvements. Norfolk shall transfer funds for design of the Roadway
Improvements, plus a fifteen percent (15%) contingency, from its Regional Surface
Transportation Program ("RSTP") funds, to Virginia Beach, through the Hampton Roads
Planning District Commission ("HRPDC"), to be used for payment of Norfolk's portion
2
Cost Participation Agreement for Design of
Wesleyan Drive Roadway Improvements
THIS AGREEMENT is made as of this _ day of , 2007, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia ("Virginia Beach") and the CITY OF NORFOLK, a
municipal corporation of the Commonwealth of Virginia ("Norfolk") (individually,
"party" and collectively, the "parties").
RECITALS
A. Wesleyan Drive is a two lane road that is approximately 0.85 miles long
and runs perpendicular to Baker Road in Virginia Beach and
Northhampton Boulevard in Norfolk.
B. Wesleyan Drive traverses the boarder between Virginia Beach and
Norfolk and is located approximately fifty three percent (53%) in Virginia
Beach and forty seven percent (47%) in Norfolk.
C. The parties have agreed to jointly design and construct certain
improvements to the portion of Wesleyan Drive between Baker Road in
Virginia Beach and Northhampton Boulevard in Norfolk.
D. The parties desire to widen Wesleyan Drive so that it is a four lane road,
with two lanes running in the northwest direction towards Norfolk and two
lanes running in the southeast direction towards Virginia Beach.
E. Specifically, Virginia Beach desires to widen Wesleyan Drive from its
existing terminus at Baker Road to the 5900 block of Wesleyan Drive, and
Norfolk desires to widen Wesleyan Drive between Northhampton
Boulevard and the 6099 block of Wesleyan Drive.
F. The simultaneous design and construction of both the Virginia Beach and
the Norfolk portion of Wesleyan Drive will result in a significant cost
savings to the parties and will minimize public inconvenience and
potential damage to public infrastructure.
AGREEMENT
For and in consideration of the mutual covenants hereinafter set forth, the parties
do hereby agree as follows:
I. The Roadway Improvements
1. Design. Virginia Beach shall cause to be designed, in accordance with all
applicable specifications and standards of the Virginia Department of Transportation, the
City of Norfolk, and the City of Virginia Beach, roadway improvements that will result in
the widening of the portion of Wesleyan Drive between its existing terminus at
46 WHEREAS, in accordance with the Virginia Department of Transportation
47 construction allocation procedures, it is necessary that Council request VDOT to
48 establish an urban highway project in the City of Virginia Beach.
49
50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA:
52
53 1. That the City Council of the City of Virginia Beach, Virginia, requests the
54 Virginia Department of Transportation to establish an urban system highway project for
55 Wesleyan Drive from Baker Road to the western city limits.
56
57 2. That the Council of the City of Virginia Beach agrees to pay its share of the
58 total cost for preliminary engineering, right-of-way and construction of this project in
59 accordance with Section 33.1-44 of the Code of Virginia, and that if the City of Virginia
60 Beach subsequently elects to cancel this project, the City of Virginia Beach agrees to
61 reimburse the Virginia Department of Transportation for the total amount of the costs
62 expended by the Department through the date the Department is notified of such
63 cancellation.
64
65 3. That the City Manager is hereby authorized to execute on behalf of the City of
66 Virginia Beach all necessary project agreements, including, but not limited to, the Cost
67 Participation Agreement.
68
69 4. That Regional Surface Transportation Program funding of $640,550 from the
70 City of Norfolk and $4,950,000 from VDOT is accepted and appropriated to CIP #2-145,
71 Wesleyan Drive, with estimated revenues increased accordingly, to complete the project
72 design from Baker Road to Northampton Boulevard.
73
74 Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
"4" 1('4"n s-U141
anagem t ervices City Attorney's Office
CA 10421
R-4
June 1, 2007
1 AN ORDINANCE TO REQUEST THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A
3 PROJECT FOR IMPROVEMENT OF WESLEYAN DRIVE,
4 TO ACCEPT AND APPROPRIATE $640,550 OF RSTP
5 FUNDS FROM THE CITY OF NORFOLK AND $4,950,000
6 OF RSTP FUNDS FROM THE STATE TO CIP #2-145,
7 WESLEYAN DRIVE, TO COMPLETE THE PROJECT
8 DESIGN, AND TO AUTHORIZE THE CITY MANAGER TO
9 EXECUTE A COST PARTICIPATION AGREEMENT WITH
10 THE CITY OF NORFOLK
11
12
13 WHEREAS, the Wesleyan Drive project (CIP #2-145, VDOT 52148) will provide
14 for design and construction to widen Wesleyan Drive to a four -lane road between Baker
15 Road and Northampton Boulevard;
16
17 WHEREAS, approximately fifty percent (50%) of Wesleyan Drive is located in
18 Virginia Beach and fifty percent (50%) is located in Norfolk;
19
20 WHEREAS, the project is funded primarily with federal Regional Surface
21 Transportation Program (RSTP) funding;
22
23 WHEREAS, project selections are made by the Hampton Roads Planning District
24 Commission (HRPDC) and the federal program funds are administered by the Virginia
25 Department of Transportation (VDOT);
26
27 WHEREAS, RSTP funding is being provided to Virginia Beach for the portion of
28 the project in Virginia Beach and VDOT has approved $4,950,000 of RSTP funding in
29 FY 2008 for this project for Virginia Beach;
30
31 WHEREAS, Norfolk is receiving RSTP funding for the portion of the project in
32 Norfolk;
33
34 WHEREAS, based on current estimates, the project is fully funded;
35
36 WHEREAS, the City of Norfolk has requested that the City of Virginia Beach
37 manage the Norfolk Wesleyan Drive project as part of the Virginia Beach project;
38
39 WHEREAS, the project design for the roadway section within the City of Norfolk
40 will be funded by transferring $640,550 of Norfolk's allocation of RSTP funding to the
41 City of Virginia Beach;
42
43 WHEREAS, Virginia Beach and Norfolk have prepared a Cost Participation
44 Agreement for the design of the Wesleyan Drive project; and
45
project. VDOT will be asked to establish the project for the City of Virginia Beach to
manage.
The City of Norfolk plans to transfer $640,550 of the HRPDC Transportation Technical
Committee funding to the City of Virginia Beach. This will enable the City of Virginia
Beach to hire one consultant to complete the design of the Wesleyan Drive
improvements from Baker Road to Northampton Boulevard.
■ Public Information: Public information will be provided through the normal
process of advertising the Council's agenda.
■ Alternatives: Request that VDOT establish an urban system highway project for
the section of Wesleyan Drive in Virginia Beach and have the City manage only the
section of Wesleyan Drive in Virginia Beach.
■ Recommendations: Adopt ordinance
■ Attachments: Ordinance, Cost Participation Agreement, Summary of Terms
and site map
Recommended Action: Approval
Submitting Depart ent/Agency: Public Works / Engineering PAO
City Manager: A/4
jntn e'er
-2
. y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Request the Virginia Department of Transportation to Establish
a Project for Improvement of Wesleyan Drive, to Accept and Appropriate
$640,550 of RSTP Funds from the City of Norfolk and $4,950,000 of RSTP
Funds from the State to CIP #2-145, Wesleyan Drive, to Complete the Project
Design, and to Authorize the City Manager to Execute a Cost Participation
Agreement with the City of Norfolk
MEETING DATE: June 12, 2007
■ Background: The Wesleyan Drive project (CIP #2-145, VDOT 52148) will
provide for design and construction to widen Wesleyan Drive to a four -lane road from
Baker Road to Northampton Boulevard. The project is funded primarily with federal
Regional Surface Transportation Program (RSTP) funding. Project selections are made
by the Hampton Roads Planning District Commission (HRPDC) and the federal program
funds are administered by the Virginia Department of Transportation (VDOT). RSTP
funding is being provided to Virginia Beach for the portion of the project in Virginia
Beach. Norfolk is receiving RSTP funding for the portion of the project in Norfolk.
Based on current estimates, the project is fully funded.
The City of Norfolk has requested that the City of Virginia Beach manage the entire
project from Northampton Boulevard to Baker Road. A Cost Participation Agreement
between Virginia Beach and Norfolk has been developed for the design of the project.
Construction will be covered under a separate agreement after the right-of-way is
acquired and the private utilities are relocated. To fund the project design, the City of
Norfolk plans to request that the HRPDC make the Norfolk RSTP funds for design
available to the City of Virginia Beach.
■ Considerations: The Ordinance 1) establishes a VDOT Project for the City of
Virginia Beach portion of the project (Norfolk has already established a VDOT project
for their portion.); 2) allocates the $640,550 of RSTP funds that Norfolk intends to
transfer, along with Virginia Beach's FY 2008 RSTP allocation of $4,950,000 for this
project; and 3) authorizes the City Manager to execute all necessary project
agreements on behalf of Virginia Beach, including the Cost Participation Agreement for
Design of Wesleyan Drive Road Improvements with the City of Norfolk.
VDOT requires a resolution by City Council to establish a project for improvements to
Wesleyan Drive. There is $1,668,000 appropriated to date for the City of Virginia Beach
Pf
V)
=
H�V38 VINIOS A i0 ALJ
NIOaaON i0 111J
Q
w
m
Q
J
V
ne
O
>
z
CL>
O
O
Ln
V
V
�
Q
II
N _
W
CL J
u
V
)
O
w
J
\1I
OF��
pertinent to the site or special conditions attached to the petition pursuant to subsection (h) above
satisfactorily offset the negative effects inherent in the area or dimensional deficiency'. Staff finds that this
request satisfactorily offsets any negative impact in the immediate area. The current zoning of the parcel
does not permit detached single-family dwellings. By -right, the applicant could build 45 townhome-style
units, similar to those found within the immediate area. By using the PD -H2 District, it allows for more
flexibility in the site design and building type. The applicant proposes 40 detached single-family dwellings
for the moderate -income level buyer. The applicant has reduced the density on the site from the permitted
12 units to the acre to 10.78 units to the acre. The proposed homes will be approximately 1,500 square
feet in area with a garage and an on-site parking pad for two vehicles. The proposed community will be
gated providing not only a sense of security, but also a sense of community. Open space is scattered
throughout the site.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, the "GARNETT'S WATCH CONCEPT LAYOUT' ("Concept Plan"), which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning, shall be substantially adhered to so that there shall be coordinated design and development of the
site in terms of vehicular circulation, parking, buffering, landscaping, building location, building orientation,
and recreational amenities to better foster a sense of community.
PROFFER 2:
When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1)
entrance from North Garnett Point Road.
PROFFER 3:
When the Property is developed, there will be no more than 40 single-family dwelling units constructed on
the Property.
PROFFER 4:
The architectural design of the residential buildings will be substantially as depicted on the three (3) exhibits
entitled "ARCHITECTURAL ELEVATIONS — GARNETT'S WATCH", dated November 15, 2006, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning ("Elevations").
PROFFER 5:
The areas depicted on the Concept Plan, which will not be occupied by buildings, including drive aisles,
parking areas, setbacks, landscaping features, and fencing are open spaces, which may only be utilized as
such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be
maintained and used by the Condominium Association consistent with the intent and regulations set forth in
Average Daily Trips
z as defined by three single-family homes
Sas defined by 40 single-family homes
WATER: This site is connected to City water. There are multiple domestic meters currently serving the site.
Analysis of the existing domestic meters is required to ensure future flows can be accommodated. There is a
6 -inch City water main in North Garnett Point Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 350 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8 -inch City sanitary
sewer main at the intersection of North Garnett Point Road and Grand Lake Crescent.
SCHOOLS:
School
Current
Enrollment
Capacity
Generation '
Change 2
Newtown Road
573
520
6
2
Bayside Middle
1,104
1,187
4
1
Ba side High
2,023
1,901
5
1
yeneranon represents the numoer of students that the development will add to the school
z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
A new elementary school is currently under construction adjacent to Newtown Road Elementary that will
provide relief to Newtown Road and B. F. Williams elementary schools when it opens during the 2008-
2009 school year.
POLICE: The fence should not be installed to create dead space or an alleyway between what fencing
may already exist adjacent to this location. If community is to be gated, the applicant will need to put in
place procedures that will allow emergency vehicles to enter the neighborhood. As a matter of public
safety, sidewalks in the development are recommended. Please show sidewalks on plans during site plan
review.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal -is compatible with the adjacent residential neighborhood.
Evaluation:
The site does not meet the required five -acre minimum lot area for the Planned Unit Development District
(PD -H2). However the City Zoning Ordinance states "any petition for which the parcel involved or
structure on the parcel does not meet minimum area or dimensional restrictions shall be processed
nevertheless, but shall not be approved by council unless it finds that either special circumstances
GARNETT
AgE
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Several single-family homes currently occupy the site.
SURROUNDING LAND North: . Garnett Point Condominiums / Conditional A-12 Apartment
USE AND ZONING: South: . Adkins Meadows Condominiums / A-12 Apartment
East: . Summer Lake Condominiums / Conditional A-12 Apartment
West: . Garnett Point Road
• Across Garnett Point Road is Grand Lake Town homes / A-12
Apartment
NATURAL RESOURCE AND The site is grassed with several mature trees. It is located within the
CULTURAL FEATURES: Resource Management Area of the Chesapeake Bay Preservation Area.
There are no 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) / CAPITAL IMPROVEMENT PROGRAM (CIP): North
Garnett Point Road in front of this request is a two-lane undivided local street. There are no Capital
Improvement Projects are slated for this area.
Right-of-way improvements along North Garnett Point Road will be required. This includes pavement
widening and curb & gutter to bring the ultimate roadway width to 30 feet, measured from face of curb to
face of curb, and streetlight improvements. The right-of-way dedication will be assessed at the time of
Site Plan review. There must be enough dedication in order to provide the necessary right-of-way
improvements.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
North Garnett
N/A ADT
N/A ADT
Existing Land Use — 30
Point Road
ADT
Proposed Land Use 3-
404 ADT
GARNETT POINT
ROAD, L.L.C.
Agenda Item 15
May 9, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Change of Zoning District Classification from
A-12 Apartment District to Conditional A-12
Apartment District and P-1 Preservation
District with a PD -H2 Planned Unit District
Overlay.
MI&ITrIffig
:.��.
(31
too-
I
� •
� � -' '�rlLlCtn .� �
. �
ADDRESS / DESCRIPTION: Property located 416 through 516 Garnett Point Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
1467688397; 1467780500; 2 - KEMPSVILLE 3.71 Acres
1467780653
The applicant proposes to rezone the existing A-12 Apartment SUMMARY OF REQUEST
District to Conditional A-12 Apartment District with a PD -1-12
Planned Unit District Overlay in order to create a single-family development that the applicant intends to
price for families and individuals with a moderate -income level. The applicant is requesting the PD -H2
Overlay District since it allows flexibility in dimensional requirements and dwelling type (single-family
condominiums) that cannot be achieved with any other zoning category. With the existing zoning, the
applicant could develop the site with 40 45 multiple -family dwellings similar in design and layout as those
existing in Grand Lake Crescent across the street. The applicant is proposing 40 single-family dwelling
units on the site. This equates to 10.78 units per acre. The minimum open -space required is 24,241
square feet. The applicant is providing 29,185 square feet of open space. The proposed setbacks will be
an 18 -foot front yard, eight -feet between units, and 10 -feet to 20 -feet rear yard along the perimeter of the
site. Fencing is depicted along the perimeter of the site with a gated entry. Proposed streets will be 26 -
feet in width. The proposed homes are a coastal cottage design and average 1,500 to 1,600 square feet.
The proposed homes include a garage and an 18 -foot by 18 -foot parking pad.
Garnett Point Road, L.L.C.
Page 2of2
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department,
City Manager: K—��/
12 E9�1•
v
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Garnett Point Road, L.L.C. for a Change of Zoning District
Classification from A-12 Apartment District to Conditional A-12 Apartment District
with a PD -1-12 Planned Unit Development District Overlay on property located at
416-516 Garnett Point Road (GPINs 1467688397; 1467780500; 1467780653).
DISTRICT 2 — KEMPSVILLE
MEETING DATE: June 12, 2007
■ Background:
The site currently consists of three (3) large parcels occupied by single-family
residential dwellings. The site is zoned A-12 Apartment, and the applicant
proposes to rezone the site to the same category but as Conditional Change of
Zoning with a PD -H2 Planned Unit District Overlay.
■ Considerations:
The applicant is requesting the PD -1-12 Overlay District since it allows flexibility in
dimensional requirements and dwelling type (single-family condominiums) that
cannot be achieved with any other zoning category. With the existing zoning, the
applicant could develop the site with 45 multi -family, townhouse -style dwellings,
similar in design and layout as those existing in Grand Lake Crescent across the
street. The applicant is proposing 40 single-family dwelling units on the site. This
equates to 10.78 units per acre. The proposed homes are a coastal cottage
design and average 1,500 to 1,600 square feet. The proposed homes include a
garage and an 18 -foot by 18 -foot parking pad.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The proposal is compatible with the adjacent
residential neighborhood.
The Planning Commission placed this item on the consent agenda because the
proposed rezoning results in a higher -quality dwelling type and site layout than
what can be built by -right, the proposal will provide moderately priced single-
family dwelling units, and there was no opposition.
■ Recommendations:
The Planning Commission passed a
approve this request, as proffered.
■ Attachments:
Staff Review
Disclosure Statement
motion by a recorded vote of 10-0 to
►sa. ..a►wadi - w�^," � �/ 7
ori' ■r'���:.�� - �."i�� �e���i�''�
Prums
�ti/E1G%tiii�iE I
LWE �': s�sryl� _ '�j ■
w!. •. s._-. Y,� I. _ m„`�7 � i�_i iia ii�
�►i” � /�1� iii .� � iii is�a2{i
Conditional Zoning Change: from A-12 to PD -H2 (A-12)
Dorothy Wood: Thank you sir.
AYE 9
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
NAY 0 ABS 1 ASSENT 1
ABS
ABSENT
Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has -approved Item
#41 for consent.
William Din: Thank you Mr. Weeden.
Dorothy Wood: Thank you.
Item #41
M & M Construction, Inc.
Modification of Conditions
533 South Lynnhaven Road
District 3
Rose Hall
December 14, 2005
CONSENT
William Din: My last item is Item #41. This is M & M Contractors, Inc. This is an
application for a Modification of Conditions for a Conditional Use Permit that was
previously approved by the City Council on February 26, 2002. The property is located at
533 South Lynnhaven Road in the Rose Hall District and there are two conditions there.
Michael Goldmeier: Hi. Michael Goldmeier, President of M&M Contractors and also
part owner of Wyoming Associates, the owners of the mini -storage and we accept all the
conditions.
William Din: Thank you.
Michael Goldmeier: Thank you and thank the staff for their help.
William Din: Thank you.
Dorothy Wood: Thank you for doing the work on the building.
William Din: Is there any objection to placing this item on the consent agenda? If not,
Mr. Barry Knight will explain this item.
Barry Knight: Yes. This is an agenda item that has come before us before. We requested
the contractors and the owners and the applicant to meet a preexisting condition that was
put on the original Conditional Use Permit, which is put up a brick facade and paint and
some earth tones on the building. They have since done that so now we're placing this on
the consent agenda and recommend that it be approved.
William Din: Thank you Barry. I'd like to make a motion to approve the following
consent agenda item. Item #41 is M&M Contractors, Inc. This is a request to modify
conditions on a Conditional Use Permit previously approved by City Council. This is on
property located on 533 South Lynnhaven Road in the Rose Hall District with two
conditions.
Donald Horsley: I'll second it.
Dorothy Wood: A motion by Mr. Din and a second by Mr. Horsley. Mr. Miller.
Robert Miller: I need to abstain from Item #41. My firm is working on that project.
G Z
tL
00
2
73
IF,
01—
oz t
Cl
ri
ZI
G Z
tL
M & M CONTRACTORS
Agenda Item # 41
Page 12
00
ri
M & M CONTRACTORS
Agenda Item # 41
Page 12
1
FA
3
4
5
6
7
Map
No
M&M Contractors, Inc
of Conditions
2/26/02
Modification of Conditions
Granted
7/3/01
Conditional Use Permit (self -storage
Granted
facility)
11/24/98
Conditional Use Permit (residential
Denied
kennel)
8/11/98
Subdivision Variance
Granted
2/1/88
Conditional Use Permit (fuel pumps)
Denied
1/23/83
Conditional Use Permit (recreational
Withdrawn
facility of an outdoor nature)
8/8/83
Change of Zoning (B-2 to 1-1)
Withdrawn
8/88/83
Change of Zoning (1-1 to B-2)
Withdrawn
M & M CONTRACTORS
Agenda Item # 41
Page 11
0
Z
Z
N
z
O
Q
w
J
w
0
z
0
m
M & M CONTRACTORS
Agenda Item # 41
Page 10
Bayscape Buffer Planting:
-Winged Euonymus
-Parsons juniper
-Uriope
-Mulched Bed
w
N A
-A
3\ -
Foundation Landscaping:—`
-Camelia
Decorative Fence, Ty
,x_
Existing Trees To Be—.,-"
Removed (3)
Replacement Trees(3):
Buffer Restoration Planting:---"
-Groundcover
-Herbaceous Plants
-Shrubs
-Mulched Bed
Existing Trees to Remain, Typ.
M & M CONTRACTORS
Agenda Item #-41
Page 9
M & M CONTRACTORS
Agenda Item # 41
Page 8
\
Vi
ix
LLJ
r
"
W
'' nn
V
d
LU
t
It
i
i
t
W
co
S
`
r
J
viF
ral
fj
Yy
:£ m
l
M & M CONTRACTORS
Agenda Item # 41
Page 8
M & M CONTRACTORS
Agenda Item # 41
Page 7
F-
D
O
J
W
F-
J
a
w
a
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
M & M CONTRACTORS
Agenda Item # 41
Page 6
to ensure that the architectural design and materials would be of high quality as the visual impact of this
operation would be great. The architectural design, site layout and building materials combined with the
exceptional landscape plan were deemed to overcome any negative visual impact that a facility of this
type could cause. Upon completion of negotiations with the applicant's architect and landscape architect
and engineer, Staff felt confident that the proposal would be superior. Unfortunately, at some point during
the construction phase, the primary exterior building material of the fagade was substituted with a blue
cementious masonry unit (CMU) block for what was supposed to be a neutral color brick that would match
the existing elementary school adjacent to this site. The Zoning Inspector notified the property owner of
the discrepancy and attempted to resolve the issue; however, the owner indicated that he was unaware of
such a requirement. Since that time, Staff has worked with the applicant and a solution has been found.
The applicant is proposing and has almost completed the retrofit of adding fiber cement panels to the
facade where brick was originally proposed. These panels resemble brick and have been installed over
the concrete masonry units. It is Staff's opinion that this is an acceptable resolution and recommends
approving the request. The applicant has agreed to retrofit the facades visible from South Lynnhaven
Road. As stated above, the status of this work will be reported to the Commission at the December
meeting.
Listed below are recommended conditions of approval for the Modification of the Use Permit for the
alteration of Condition 1, allowing the expansion of the facility.
CONDITIONS
1. All conditions of the Conditional Use Permit granted by the City Council on July 3, 2001, with the
exception of Condition Number 1, and all conditions of the Modification of Conditions granted by the
City Council on February 22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001,
Conditional Use Permit is deleted and replaced with the following:
When the property is developed, it shall be developed substantially as shown on the exhibit entitled,
"Conceptual Site Layout and Landscape Plan of Wyoming Mini Storage, South Lynnhaven Road,
Virginia Beach, VA," prepared by MSA, Inc., dated 9-7-04.
2. The architectural design elements and exterior building materials shall be substantially in conformance
with those depicted on the elevation entitled "Proposed Detail Elevations, Morton Realty Property, Self
Storage Facility, " prepared by Sampson and Associates Architects, P.C., dated November 21, 2001,
with one exception: the use of Nichiha fiber cement Brestone — Forest Brown shall be substituted in
lieu of the previously required brick on the block facade facing South Lynnhaven Road and any other
block fagade facing South Lynnhaven Road.
M & M CONTRACTORS
Agenda Item # 41
Page 5
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South
Lynnhaven Road is a four (4) lane urban arterial. No improvements are proposed within the City's MTP
for this roadway.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
South Lynnhaven
21,160 ADT
14,800 ADT (Level of
Existing Land Use —
Road
Service "C") — 22,800 ADT
141 ADT
(Level of Service "D")
Proposed Land Use 3-
151
Average uany i rips
2 as defined by 56,300 sf of mini warehouse
3 as defined by 60,500 sf of mini warehouse
WATER & SEWER: This site is connected to City water but no City sanitary sewer is available.
This site is located in a Primary Residential Area. The COMPREHENSIVE PLAN
Comprehensive Plan Policy document reinforces the suburban characteristics of commercial centers and
other non-residential areas for this area. The Plan stated that: "Limited commercial or institutional
activities providing desired goods or services to residential neighborhoods may be considered acceptable
uses on the edge of established neighborhoods provided effective measures are taken to ensure
compatibility and non-proliferation of such activities (page 91)."
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request for an expansion to the existing mini -storage facility and for
the modification of the approved facade facing South Lynnhaven Road. At the November Planning
Commission meeting, the Planning Commission advised the applicant that the proposal for the expansion
of the facility would not be considered until the retrofit is completed. There was concern of how the
corners would be trimmed out. A solution, acceptable to Staff, was found after meeting with the applicant
on site. The corners will be trimmed with a prefinished metal trim piece. The applicant, at the time of
printing, was approximately 90 percent complete with this retrofit. A report of the status of the completion
of the work, as directed by the Planning Commission, will be provided at the December 14, 2005 meeting,
along with slides and photos of the work.
During the original review of this Use Permit in 2001, Staff was reluctant to recommend favorably for the
mini -storage facility, as the use did not appear consistent with the recommendations of the
Comprehensive Plan. However, the configuration of the property and the presence of environmental
features contributed to the difficulty the landowner had in marketing this site for an office or retail
operation. Understanding the owner's dilemma, Staff worked diligently with the applicant's representative
M & M CONTRACTORS
Agenda Item # 41
Page 4
16. The units shall be used only for the storage of goods. The units shall not be used for office
purposes, band rehearsals, or any other purpose not consistent with the storage of goods. No
public assembly or continuous occupancy of the units shall be permitted.
The Modified Conditional Use Permit approved in 2002 has the following conditions:
1. All conditions with the exception of Number 2 and Number 13 attached to the Conditional Use
Permit granted by the City Council on July 3, 2001 remain in affect.
2. Condition Number 2 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the
following:
The architectural design elements and exterior building materials shall be substantially in
conformance with those depicted on the elevation entitled "Proposed Detail Elevations,
Morton Realty Property, Self Storage Facility, " prepared by Sampson and Associates
Architects, P.C., dated November 21, 2001.
3. Condition Number 13 of the July 3, 2001 Conditional Use Permit is deleted and replaced with the
following:
An office manager shall be on-site during all hours of operation when the site is
accessible for customer use.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Mini -storage facility.
SURROUNDING LAND North: . Vacant parcel / B-2 Community Business District
USE AND ZONING: South: . Brookwood Elementary School / B-2 Community Business
District
East: 0 South Lynnhaven Road, office / B-2 Community Business
District, 1-1 Light Industrial District
West: 0 Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND This property is located within the Chesapeake Bay watershed and
CULTURAL FEATURES: portions are within the Resource Protection Area, the most stringently
regulated portion of the Chesapeake Bay Preservation Area. The
original proposal did displace approximately 0.17 acres of nontidal
wetlands. The applicant worked with the United States Army Corps of
Engineers prior to land disturbance associated with the existing mini
storage facility.
AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS
Oceana.
M & M CONTRACTORS
Agenda Item # 41
Page 3
by MSA, Inc., dated 5-10-01.
2. The architectural design elements and exterior building materials shall be substantially in
conformance with those depicted on the elevation entitled "Proposed Street Elevation, Morton
Realty Property, Self Storage Facility, " prepared by Sampson and Associates Architects, P.C.,
dated 5-21-01.
3. The foundation landscaping for the units with frontage along South Lynnhaven Road shall be
installed as Category I as described in the City of Virginia Beach Landscape Screening and
Buffering Specifications and Standards manual. An undulating 10 foot wide landscape area shall
also be installed along South Lynnhaven Road from the southeast property line to the proposed
entrance. A mix of trees and shrubs shall be installed within this area and may be grouped or
massed to provide visual interest as well as additional screening along the street frontage.
4. Any freestanding sign shall be monument style with a brick base that matches the brick depicted
on building elevation. Such sign shall not exceed a height of eight (8) feet and shall be externally
lit from ground level. There shall be no business identification signage on the walls or roof of the
building.
5. All exterior lighting shall be low intensity and residential in character and shall not be erected any
higher than fourteen (14) feet. According to Section 237 of the City Zoning Ordinance, all outdoor
lighting shall be shielded to direct light and glare onto the mini warehouse facility. Said lighting
and glare shall be deflected, shaded and focused away from all adjoining properties.
6. The entrance into the facility shall align with the existing Sabre Street extension located on the
east side of South Lynnhaven Road.
7. No land disturbance shall occur within the 100 foot Resource Protection Area buffer.
8. No building permit shall be issued without evidence of permission from the United States Army
Corps of Engineers to impact the non -tidal wetlands depicted on the concept plan.
9. No building permit to construct this mini warehouse facility shall be issued until the billboard
identified on the conceptual plan is removed in its entirety.
10. All fencing visible from either a public right-of-way or from the adjacent single-family subdivision
to the west shall be wrought iron -style. No barbed wire, razor wire or any other fencing devices
shall be installed on the roof or walls of the building or on the fence on the property.
11. No storage of flammable or hazardous materials shall be stored in any unit.
12. There shall be no electric or diesel power generator or generator fueled by any other source of
energy located outside of any building.
13. There shall be an on-site resident manager at all times, 24 hours a day.
14. Drive aisles shall be at least 18 feet wide to accommodate emergency apparatus.
15. No on-site business shall be conducted such as automobile repair or storage, cabinet shops or
similar types of hazardous operations.
M & M CONTRACTORS
Agenda Item # 41
Page 2
M&M CONTRACTORS,
INC.
Agenda Item #41
December 14, 2005 Public Hearing
Staff Planner: Carolyn A.K. Smith
MFM Contractors Inc.
j 1.
♦�J 5 B 2tG B-2
REQUEST:
Modification of the Conditional Use Permit approved by the City Council on February 26, 2002 for a mini
storage facility.
ADDRESS / DESCRIPTION: Property located at 533 South Lynnhaven Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14962713680000 3 — ROSE HALL 5.08 acres
SUMMARY OF REQUEST
The applicant's request for a Modification to the Conditional Use Permit, as submitted for consideration in
September, is twofold:
(1) Condition 2 of the 2002 approval ties down the architectural elevations; however, during
construction of the structures, building materials different from those required were used. Thus,
the applicant is requesting that a change to the original architectural elevations be considered.
(2) Condition 1 of the 2001 approval dictates the layout of the facility. The applicant proposes to add
approximately 4,225 square feet of additional storage space, necessitating a change in Condition
1.
The Conditional Use Permit permitting a mini -storage facility was approved by the City Council originally
on July 3, 2001 and then modified by City Council on February 26, 2002. The modification approved in
2002 removed the condition regarding the hours of operation and the requirement for a full-time resident
manager. The 2002 conditions include the alteration of the architectural design of the office due to the
elimination of the manager's apartment (from a two-story to a one-story building).
The Conditional Use Permit oermittinq the self -storage facility was approved by the City Council on July 3
2001 with 16 conditions:
1. When the property is developed, it shall be developed substantially as shown on the exhibit
entitled, "Conceptual Site Layout Plan of Morton Realty Property Self -Storage Facility," prepared
M & M CONTRACTORS
Agenda Item # 41
Page 1
M&M Contractors, Inc.
Page 2 of 2
shown on the exhibit entitled, "Conceptual Site Layout and Landscape
Plan of Wyoming Mini Storage, South Lynnhaven Road, Virginia Beach,
VA," prepared by MSA, Inc., dated 9-7-04.
2. The architectural design elements and exterior building materials shall be
substantially in conformance with those depicted on the elevation entitled
"Proposed Detail Elevations, Morton Realty Property, Self Storage
Facility," prepared by Sampson and Associates Architects, P.C., dated
November 21, 2001, with one exception: the use of Nichiha fiber cement
Brestone — Forest Brown shall be substituted in lieu of the previously
required brick on the block fagade facing South Lynnhaven Road and any
other block fagade visible from South Lynnhaven Road.
■ 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: 116-4
e &&1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of M&M Contractors, Inc. for a Modification of Conditions for a
Conditional Use Permit approved by the City Council on February 26, 2002.
Property is located at 533 South Lynnhaven Road (GPIN 14962713680000).
DISTRICT 3 — ROSE HALL.
MEETING DATE: June 12, 2007
■ Background:
On January 31, 2006 and on January 23, 2007, the City Council indefinitely
deferred this request to allow the applicant an opportunity to address the exterior
elevation of the existing mini -warehouse units, which did not, at that time, meet
the conditions of the 2002 Use Permit. Since that time, staff has worked with the
applicant to rectify this issue. The applicant has made changes to the exterior of
the existing units to bring them into compliance with the conditions of the Use
Permit. Thus, the applicant requested that this Modification of Conditions
application be returned to the City Council for their consideration.
■ Considerations:
The applicant is requesting a Modification to the Conditional Use Permit for a
mini -warehouse facility, as approved on July 3, 2001 and as modified on
February 26, 2002. The request is to allow an additional 4,225 square feet of
additional storage space to the north of the existing facility. The construction of
the addition necessitates a change in Condition 1 of the original Use Permit, as it
tied the Use Permit to a site plan that did not show such an addition.
The Planning Commission placed this item on the consent agenda because the
applicant has worked with staff to resolve outstanding issues over the fagade of
the building, they found the expansion to be appropriate for this location, and
staff recommended favorably.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with
abstention to approve this request with the following conditions:
All conditions of the Conditional Use Permit granted by the City Council on
July 3, 2001, with the exception of Condition Number 1, and all conditions
of the Modification of Conditions granted by the City Council on February
22, 2002, shall remain in affect. Condition Number 1 of the July 3, 2001,
Conditional Use Permit is deleted and replaced with the following:
When the property is developed, it shall be developed substantially as
MaoIYNo� oScale 1VtfJ"lYl Uuntruc tu/J arm.
10
17
46
vV 0
00
6
20 �
u o
225
7.
cG 22 /
_� % - 2
211
BROO 1 �,
-1�a3 ELEMfN?A SCHOOL � ll
rJnrlification of Conditions
-41 -
Item V -K.1.
PLANNING ITEM # 49347 F
Michael Perry, Planner, represented the applicant and advised the buffer has been satisfactorily addressed
Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council MODIFIED, AS
CONDITIONED, the July 3, 2001, approved Conditional Use Permit for a mini-warehouse/self-storaee in
behalf of M & M CONTRACTORS, INC.:
Ordinance upon Application ofM & M Contractors, Inc , for a modification
ofconditions placed on the Conditional Use Permit formini-warehouselself-
storage facility on July 3, 2001 Property is located on the west side of
South Lynnhaven Road, 400 feet more or less south of Lee Highlands
Boulevard (GPIN #1496-17-1368) DISTRICT 3 -ROSE HALL
The following conditions shall be required
I All conditions with the exception of Number 2 and Number 13
attached to the Conditional Use Permit granted by the City
Council on July 3, 1001 remain in affect
1 Condition Number 2 of the July 3, 2001 Conditional Use Permit
is deleted and replaced with the following
The architectural design elements and exterior building materials
shall be substantially in conformance with those depicted on the
elevation entitled "Proposed Detail Elevations, Morton Realty
Property, Self Storage Facility, " prepared by Sampson and
Associates Architects, P C, dated November 11, 2001
3 An office manager shall be on-site during flexible hours of
operation with the site accessible for customer use
Voting 11-0
Council Members Voting Aye
Linwood O Branch, III, Margaret L Eure, William W Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Mandigo, Jr. Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
William D Sessoms, Jr and Rosemary Wilson
Council Members Voting Nay
None
Council Members Absent
None
February 26 2002
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall, Municipal
Center, 2401 Courthouse Drive. Tuesday, June 12, 2007, at 6:00
p.m. The following applications will be heard:
DISTRICT 3 - ROSE HALL
M&M Contractors, Inc. Application: Modification of Conditions for a
Conditional Use Permit, approved by City Council on February 26, 2002, a
533 South Lynnhaven Road (GPIN 14962713680000).
South Hampton Roads Habitat for Humanity, Inc. Application: Change of
Zoning District Classification from R-7.5 Residential to Conditional A-12
Apartment at Zurich Arch, south of 1-264 (GPIN 1487939540)
Comprehensive Plan - Primary Residential Area, suitable for appropriately
located suburban residential and non-residential uses consistent with the
policies of the Comprehensive Plan. The purpose of this rezoning is to develop
residential dwellings. AICUZ is 65 to 70 dB Ldn.
DISTRICT 5 - LYNNHAVEN
DTG Operations, Inc. Application: Conditional Use Permit for motor vehicle
rentals at 3750 Virginia Beach Boulevard, Suite 1 (GPIN 1487444873). AICUZ
is Less than 65 dB Ldn.
DISTRICT 2 - KEMPSVILLE
Dark Age Enterprises, L.L.C. Application: Conditional Use Permit for a car;
wash at 590 Baker Road (GPIN 1468302759). AICUZ is Less than 65 dB Ldn.
Garnett Point Road, L.L.C. Application: Change of Zoning District
Classification from A-12 Apartment to Conditional A-12 Apartment with a,
PD -H2 Planned Unit Development Overlay at 416-516 Garnett Point Road
(GPINs 1467688397; 1467780500; 1467780653). AICUZ is Less than 65 dB
Ldn. The Comprehensive Plan identifies this site as being within the Primary
Residential Area. The purpose of this rezoning is to develop single-family
condominium dwellings.
All interested citizens are invited to attend.
Ruth Hodges Fraser, 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.vbgov.com/ua For information call 385-4621.
if you are physically disabled or visually Impaired and need
assistance at this meeting, please call the CITY CLERK'S OFFICE
at 385-4303.
Beacon May 27 & June 3, 2007 17032521
J. PLANNING
1. Application of M&M CONTRACTORS, INC. for a Modification of Condition No. 1 on a
Conditional Use Permit (approved by City Council on July 3, 2001, amended and approved
February 26, 2002, and indefinitely deferred January 31, 2006) at 533 South Lynnhaven Road
re additional storage space.
DISTRICT 3 — ROSE HALL
DEFERRED JANUARY 23 AND 31, 2007
RECOMMENDATION APPROVAL
2. Application of GARNETT POINT ROAD, L.L.C. for a Change of Zoning District
Classification from A-12 Apartment District to Conditional A-12 Apartment District with a
PD -H2 Planned Unit Development District Overlay at 416-516 Garnett Point re the
construction of forty (40) single-family dwellings.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION APPROVAL
3. Application of SOUTH INDEPENDENCE ACQUISITION, L.L.C., for a Chan e o
Zoning District Classification from R-51) and R-10 Residential Districts to Conditional A-36
Apartment District, Conditional B-4 Mixed Use District and Conditional A-12 Apartment
District with a PD -H2 Overlay at South Independence Boulevard, Princess Anne Road and
1632 Salem Road, "Spence Farm," re 103 single-family dwellings, 347 townhomes, and 230
twin townhomes and Senior Housing.
DISTRICT 1 — CENTERVILLE and DISTRICT 7 — PRINCESS ANNE
DEFERRED MAY 22, 2007
RECOMMENDATION DEFERRAL TO JUNE 26, 2007
4. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for a
Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12
Apartment District on the east side of Zurich Arch re the construction of a ten (10) unit
residential condominium.
DISTRICT 3 — ROSE HALL
STAFF RECOMMENDATION DENIAL
PLANNING COMMISSION RECOMMENDATION APPROVAL
5. Application of DTG OPERATIONS, INC. for a Conditional Use Permit at 3750 Virginia
Beach Boulevard, Suite 1, re motor vehicle rentals within an existing shopping center.
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPROVAL
6. Application of DARK AGE ENTERPRISES, L.L.C. for a Conditional Use Permit at 590
Baker Road re a car wash.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
Article 3 of the Zoning Ordinance ("Preservation District").
PROFFER 6:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project. The proffers insure the project will be developed in a coordinated manner in terms of vehicular
circulation and parking, landscaping, building design and location, and open space areas.
The City Attorney's Office has reviewed the proffer agreement dated November 25, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes 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.
A
k �
A
PROPOSED BUILDING ELEVATION.
e..
IV
o. 2"
-7 I -j
;2 ;141 :L*14-14 al :I PI 111
Wmlej����v �
1.
1/26/99
Rezoning (R-7.5 Residential and A-12 Apartment to
Approved
Conditional A-12 Apartment)
6/2/92
Conditional Use Permit (Recreational Facility)
Denied
2/27/89
Conditional Use Permit Fill Borrow Pit
Withdrawn
2.
3/28/95
Conditional Use Permit Landfill
Denied
3.
8/28/90
Rezoning R-7.5 Residential to Conditional A-12 Apartment)
Approved
4.
9/28/99
Street Closure
Approved
2/9/99
Rezoning (R-7.5 Residential to A-12 Apartment with a PD-
Approved
H2 Planned Unit Overlay)
5.
10/14/68
Rezoning to R -M Multiple -Family
Approved
1R
e a
w
' a
1
-
�.
F
c
IB
a
solid
S4
i
is C r1 � may.:
r. s v C �' a1 ^� O
m
S
� J �'
5G^
>! ala ¢
+
Y.
incc
111-14140f
111 a� �, °
H!
'di iwt"^t
�
u HE!
u kiz ° 3saws'
c " rx !
ami
Oucvevo
r�
i°« e,�mc
a
Its
9 µ
. 3
a � m �•.�
Qrt9
+� u
dote -7a13
3 q
113
C1
5A
C
12.01491H
4
fits
LCr
4.H
1 M
M.'mow
Aw`i
H11
Q 7D �
M 4
N -.,
p I
'sj a r_
w
ty
3 1 1.
w
3
u
71:.
Wit
D 'q a9 3
� y.
CT
4k
u mca
d9
=The
.�'
��'a>
9 a
W d
� C=
1
C�Qss& A,%Zzy
x cti
�
1R
e a
w
' a
1
n
Him
saga
cat
tll E 'f.P K'
Y.
H!
'di iwt"^t
C
u kiz ° 3saws'
11 m al
Its
9 µ
_
I �1 (1) 1 11k)"11 I ro ft =I __ I Z COM-. t 4 RE4 - I It *1 1 �1 to) P -10 i
01
11
aiG
C 15
CD
LU
a�
crs
W
'yct
1
n
.z
a
m l �
�
a a
0
(r
g
t!
H
�
'yct
Item # 15
Garnett Point Road, L.L.C.
Change of Zoning District Classification
416-516 Garnett Point Road
District 2
Kempsville
May 9, 2007
CONSENT
Janice Anderson: The last matter on the consent agenda this afternoon is agenda item 15.
That is the application of Garnett Point Road, L.L.C. That is a Change of Zoning District
from A-12 Apartment District to Conditional A-12 Apartment and P-1 Preservation and
PD -H2 Overlay. This is on property located at 416-516 Garnett Point Road in the
Kempsville District.
Eddie Bourdon: Ms. Anderson, for the record, Eddie Bourdon, a Virginia Beach attorney
representing the applicants. We appreciate being on the consent agenda, and appreciate
all the efforts of city staff in working with us. We're actually reducing the density on this
property to get a better product. Thank you very much.
Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being
placed on the consent agenda? Seeing none. The Chairman has asked Henry Livas to
review this application for us.
Henry Livas: As previously stated, the request is for a Change of Zoning District
Classification from A-12 Apartment District to Conditional A-12 Apartment District with
a PD -112 Planned Unit District Overlay. The applicant intends to price the development
for families and individuals with a moderate income level. The applicant is proposing 40
single-family dwelling units on the site, and this equates to 10.78 units per acre. The
proposed homes are a coastal cottage design and average 1,500 to 1,600 square feet. The
proposed homes also include a garage, and an 18 -foot by 18 -foot parking pad. Therefore,
we recommend approval of this Change in Zoning District Classification.
Janice Anderson: Thank you Henry. Mr. Chairman, I make a motion for the consent of
agenda item 15.
Barry Knight: There is a motion on the table to approve the consent agenda item. The
motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? I'll
call for the question.
AYE 10 NAY 0 ABS 0 ABSENT 1
ANDERSON AYE
BERNAS AYE
Item # 15
Garnett Point Road, L.L.C.
Page 2
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
ABSENT
Ed Weeden: By a vote by 10-0, the Board has approved item 15 for consent.
Barry Knight: Thank you.
In Reply Refer To Our File No. DF -6637
TO: Leslie L. Lilley
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 29, 2007
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: Garnett Point Road, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 12, 2007. 1 have reviewed the subject proffer agreement, dated
February 27, 2007 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
00 SYKES. BflURDOC,
Uf ,4 ERN &LEVY. P.C.
GARNETT POINT ROAD, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 27th day of February, 2007, by and between
GARNETT POINT ROAD, L.L.C., a Virginia limited liability company, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of three (3) contiguous parcels of property
located in the Kempsville District of the City of Virginia Beach, containing approximately
3.71 acres which are more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference. Said parcels are herein collectively referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the Zoning Classification of the Property from A-12 Apartment District to Conditional A-12
(PD -H2) Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various
types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and,
GPIN: 1467-68-8397
1467-78-0500
1467-78-0653
1
PREPARED 9Y:
Mil AIIER-' & LT17 P.C.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the A-12 (PD -H2) Apartment
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantee, and other successors in interest or
title:
1. When the Property is developed as a residential condominium, the
"GARNETT'S WATCH CONCEPT LAYOUT", dated February 26, 2007, prepared by
Kimley-Horn and Associates, Inc. ("Concept Plan"), which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning,
shall be substantially adhered to so that there shall be coordinated design and
development of the site in terms of vehicular circulation, parking, buffering, landscaping,
building location, building orientation, and recreational amenities to better foster a sense
of community.
2. When the Property is developed, vehicular Ingress and Egress to the
Property shall be limited to one (1) entrance from North Garnett Point Road.
3. When the Property is developed, there will be no more than forty (40) single
family condominium dwelling units utilizing the setbacks and land use plan designated
and depicted on the Concept Plan.
2
PREPARED BY:
MM SMS. POURDON.
AiIERN & LtVY, P.C.
4. The architectural design of the residential buildings will be substantially as
depicted on the three (3) exhibits entitled "ARCHITECTURAL ELEVATIONS —
GARNETT'S WATCH"", dated November 15, 2oo6, which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning ("Elevations").
5. The areas depicted on the Concept Plan which will not be occupied by
buildings, including drive aisles, parking areas, setbacks, landscaping features, and fencing
are open spaces which may only be utilized as such. Open Spaces shall be rezoned to P-1
Preservation District prior to Site Plan Approval and shall be maintained and used by the
Condominium Association consistent with the intent and regulations set forth in Article 3
of the Zoning Ordinance ("Preservation District").
6. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
3
PREPARED BY:
M SYK£S. BOURDON,
M Au£RN & i.£VY. P.C.
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and the Grantee.
11
WITNESS the following signature and seal:
Grantor:
Garnett Point Road, L.L.C., a Virginia limited liability
company
�.,
By: SEAL)
Steven Bishard, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 28th day of February,
2007, by Steven Bishard, Managing Member of Garnett Point Road, L.L.C., a Virginia
limited liability company, Grantor.
My Commission Expires: August 31, 2010
PREPARED BY:
WI:WIR SYK£S. POURDON'.
dig ARERN & LF.irY. R.C.
5
Notary Public
PREPARED BY:
OM SYKES. BOURDOI'.
d� fIER0& IDrY. P.C.
EXHIBIT 'W'
PARCEL I:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon
and the appurtenances belonging, lying, situate and being in the City of Virginia Beach,
Virginia and known, numbered and designated as the western one-half of Section "F" as
shown on the plat of property of Minnie L. Woodward, which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at
Page 71, and with reference to said plat being more particularly bounded and described as
follows, to -wit:
BEGINNING at a pin marking the northeast corner of the property herein conveyed, which
pin is also set in the dividing line between Sections "F" and "G" and is 239.20 feet as
measured along a course N. 56° 45' W. from a pin set at the northeast corner of Section
"F", all as shown on the aforesaid plat of Minnie L. Woodward, and from said point of
beginning running thence N. 56° 45'W. 252 feet to a point set in the eastern line of North
Garnett Point Road; thence turning and running on a course S. 16° 12' W. along the
eastern line of North Garnett Point Road a distance of 175.70 feet to a point; thence
turning and running on a course S. 560 45' E. a distance of 252 feet to a pin set at the
southeast corner of the property hereby conveyed; thence turning and running on a course
N. 16° 12' E. a distance of 175.70 feet to the point of beginning.
LESS AND EXCEPT that certain strip of land 10 feet in width dedicated to the City of
Virginia Beach for Road purposes as shown on plat recorded in Map Book 55, Page 41.
GPIN: 1467-68-8397
PARCEL II:
ALL THAT certain lot, piece or parcel of land, lying and being in Kempsville District, City
of Virginia Beach, formerly Princess Anne County, Virginia, designated as Section "G" as
shown on the plat of property of Minnie L. Woodward, near Davis Corner, Virginia Beach,
formerly Princess Anne County, Virginia, made by W. B. Gallup, County Surveyor, bearing
date November 25, 1947, and more particularly bounded and described as follows:
BEGINNING at a point on the Eastern line dividing the property of Minnie L. Woodward
from the property now or formerly belonging to Martin, which point is the dividing line
between Sections "F" and "G", as shown on the hereinabove mentioned plat; which said
plat is recorded with a certain deed from Minnie L. Woodward to Elvert R. Johnson, in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, formerly Princess Anne
County, Virginia, and running thence North Fifty -Six Degrees, Forty -Five Minutes (56°
45') West Five Hundred Eleven and Two Tenths (511.2') feet to the Eastern line of a
Twenty (2o') Foot right of way; thence North Sixteen Degrees, Twelve Minutes (160 12')
East along said line of said right of way One Hundred and Eighty -One (181') Feet to the
dividing lines between Sections "G" and "H"; thence South Fifty -Six Degrees, Forty -Five
Minutes (56° 45') East Four Hundred Ninety -Seven and one-half (497 1/2) feet to the
0
dividing line of the said Woodward and Marti property; thence South Twelve Degrees,
Eight Minutes (12° 8') East One Hundred Eighty -Five (185') Feet to the point of beginning.
TOGETHER with a right way the width of Twenty (20') feet running to the Virginia
Beach Boulevard, as shown on said plat.
LESS AND EXCEPT that portion of land 30 feet in width dedicated to the City of Virginia
Beach for road purposes as shown on plat recorded in Map Book 55, Page 41.
GPIN: 1467-78-0500
PARCEL III:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, situate in the City of Virginia Beach, Virginia and known, numbered and
designated as part of Lot H, as shown on the plat of property of Minnie L. Woodward,
located near Davis Corner, which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 22, at Page 71,
particularly described as follows, to -wit:
BEGINNING at a point on the Eastern side of North Garnett Pont Road in the dividing line
between Lots H and I, as shown on the above plat; thence South 56 degrees 45 minutes
East along the said dividing line between Lots H and I a distance of 455.99 feet to a point;
thence South 12 degrees o8 minutes West a distance of 92.82 feet to a point in the dividing
line between Lots H and G, as shown on the above plat; thence North 56 degrees 45
minutes West along the said dividing line between Lots H and G a distance of 463.o6 feet
to a point in the eastern side of North Garnett Point Road; thence Northerly along the
eastern side of said North Garnett Point Road North 16 degrees 18 minutes 40 seconds
east a distance of 90.51 feet to the point of beginning; said parcel being shown on Physical
Survey of Lot H, *516 North Garnett Point Road, Property of Minnie L. Woodward, Map
Book 22, Page 71, for Charles E. Ross, Nedra K. Ross and Stephan Van Wart, dated August
8, 1995, made by Langley & McDonald, P.C. and recorded in Deed Book 3533, at Page 1751.
GPIN: 1467-78-0653
ConditionalRezone/GarnettPointRoad/Proffer2.Clean
Rev.2/28/07
PREPARED BY:
SYICFS, POURDON.
WIN A -11E0 & IUVY, P.C.
7
VII
00
100
ME Nq
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of South Independence Acquisition, L.L.C. for a Change of
Zoning District Classification from R-51) and R-10 Residential Districts to
Conditional A-36 Apartment District, Conditional B-4 Mixed Use District and
Conditional A-12 Apartment District with a PD -1-12 Overlay on property located on
the southeast and southwest corners of South Independence Boulevard and
Princess Anne Road and 1632 Salem Road (GPINs 1485050352; 1485251012;
1475856017). DISTRICT 1 — CENTERVILLE & DISTRICT 7 — PRINCESS ANNE
MEETING DATE: June 12, 2007
■ Background:
At the request of the applicant, the City Council deferred this application on May
22, 2007.
The applicant is requesting a Conditional Change of Zoning for a 133.8 -acre
parcel commonly referred to as the Spence Farm, generally bordered by
Princess Anne Road, Lynnhaven Parkway, S. Independence Boulevard, and
Salem Road. The site is currently zoned R -5D Residential, as it has been for
more than 20 years, allowing a maximum of 803 by -right single-family or duplex
dwelling units.
■ Considerations:
On the west side of South Independence Boulevard, the proffered plan and
accompanying details submitted by the applicant depict 26.3 acres of
Conditional B-4 Mixed Use District for retail, hotel and office use and 84.4 acres
to Conditional A-12 Apartment District with a PD -H2 Overlay for the development
of 103 single-family dwellings, 347 townhomes and 230 twin townhomes. The
applicant has proffered that 62 of the townhomes (or roughly 9.1 percent of the
dwellings on the west side of South Independence Boulevard) will be set aside
for `workforce housing' at prices ranging from approximately $170,000 to
$190,000. The remainder of the homes will sell from approximately $200,000 to
more than $300,000. The applicant has also proffered that 100 of the units will be
age -restricted, requiring that at least one (1) of the occupants be 55 years or
older.
On the east side of South Independence Boulevard, the applicant proposes to
rezone 23.1 acres of R -5D Residential District to Conditional A-36 Apartment
District for 400 units of apartments and congregate care (senior housing). A
Conditional Use Permit will be required for the senior housing complex; the Use
Permit application will be submitted when more details are available.
South Independence Acquisition, L.L.C.
Page 2 of 2
The attached staff report provides a description of the proposed mixed-use
development, a list of the submitted proffers, and a discussion of the impacts on
City services and infrastructure.
There was opposition to the request at the Planning Commission's hearing on
the application.
■ Recommendations:
A deferral of this request to the June 26 City Council meeting to allow the
applicant sufficient time to further refine the proffers. The applicant has been in
discussion with the neighborhoods in the area regarding means to reduce the
potential traffic impact of the development on the surrounding roadway system.
Additional time is needed to finalize the proffers to reflect that discussion.
■ Attachments:
Location Map
Recommended Action: Deferral to June 26.
Submitting Depa ent/Agency: Planning Department
City Manager:
Conditional Zoning Chage: from R 7.5 to A-12
13.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance upon Application of South Hampton Roads Habitat for
Humanity, Inc. for a Change of Zoning District Classification from R-7.5
Residential District to Conditional A-12 Apartment District on property located on
the east side of Zurich Arch, south of 1-264 (GPIN 1487939540). DISTRICT 3 —
ROSE HALL
MEETING DATE: June 12, 2007
■ Background:
The applicant has received a donation of this parcel for the purpose of creating
affordable housing. The applicant proposes to rezone the existing R-7.5 property
to A-12 Apartment District for the purpose of constructing a ten (10) unit
residential condominium. Habitat for Humanity will provide permanent
condominium management for this community.
■ Considerations:
The existing R-7.5 site is approximately 3.2 acres, of which 1.82
acres is buildable under the City Zoning Ordinance. The 1.82 acres, under
the density of the existing R-7.5 zoning, would yield 6 single-family units. The
applicant is requesting 10 units within two multi -family buildings. The density is
proposed at 6 units per acre.
The site is located in the 65 to 70 dB Ldn AICUZ. The Navy, during their initial
review of the application in 2006, advised staff in a letter, dated March 28, 2006
(see end of attached staff report), that under the Navy's OPNAV Instruction
for AICUZ, residential use is deemed not compatible in this AICUZ. On February
13, 2007, while this application was under review, the Memorandum of
Understanding (MOU) between the City and the United States Navy was agreed
upon, and a process was established for evaluation of discretionary development
applications within the AICUZ that propose uses designated as not compatible
with the AICUZ.
As required by the MOU, City staff and Navy representatives (MOU
Committee) met on April 26, 2007 to discuss this application. A representative of
South Hampton Roads Habitat for Humanity was present to summarize the
proposal and answer any questions.
Based on the characteristics of the surrounding area, the Comprehensive Plan's
guidance for this area and the discussion of the MOU Committee in determining
a reasonable density for this site within this AICUZ, the most reasonable number
of residential units for this site is six (6). The applicant, however, has
South Hampton Roads Habitat for Humanity, Inc.
Page 2of2
proposed ten (10) units. Staff, therefore, recommended to the Planning
Commission that the applicant reduce the proposed number of dwelling units
from ten (10) to six (6).
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, as proffered.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
Fr
Submitting Department/Agency: Planning Department �
City Manager:
l71
SOUTH HAMPTON
ROADS HABITAT
FOR HUMANITY,
INC.
Agenda Item 14
May 9, 2007 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Change of Zoning District Classification from R-7.5 Residential District to Conditional A-12 Apartment
District
ADDRESS / DESCRIPTION: Property located on Zurich Arch, south of 1-264.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14879395400000 3 — ROSE HALL 3.2 acres
SUMMARY OF REQUEST
The applicant has received a donation of this parcel for the
purpose of creating affordable housing. The applicant proposes to rezone the existing R-7.5 property to
A-12 Apartment District for the purpose of constructing a ten (10) unit residential condominium. Habitat
for Humanity will provide permanent condominium management for this community.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: . Across 1-264 is undeveloped property recently approved for a
USE AND ZONING: church / 1-1 Industrial District
South: . Across Zurich Arch is multi -family residential (townhomes) / A-
12 Apartment District
East: 0 Single-family residential / R 7-5 Residential District
West: Across Zurich Arch is multi -family residential (townhomes) / A-
12 Apartment District
NATURAL RESOURCE AND The majority of the site is treed. A portion of this site is floodway.
CULTURAL FEATURES: Residential density credit is not allowed for any areas that are water,
marsh wetlands, or the floodway portion of the floodplain.
CHESAPEAKE BAY: This proposal lies with in the Resource Management Area. No
Chesapeake Bay Board variance required.
AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
Nay's Air Installation Compatible Use Zone (AICUZ) Program provides
that residential use is discouraged within the 65 to 70 dB DNL. See letter
from the Department of the Navy at the end of this report Additional
comments pertaining to AICUZ are provided below in the Evaluation and
Recommendation section of the report.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP)• Zurich
Arch is a residential street and is not shown on the MTP or CIP.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Zurich Arch
32,869 ADT
Zurich Arch is a residential
Existing Land Use —
street. Traffic Engineering
112 ADT
has no traffic volume data
Proposed Land Use 3_
onthis local street.
235 ADT
Average Daily Trips
Zas defined by R 7.5 single-family
3 as defined by A-12 multi -family
STORMWATER MANAGEMENT: This is a low area with culvert under 1-264 in the northwest corner of the
site. Drainage issues are a concern.
WATER: This site must connect to City water. Hydraulic analysis is required to ensure potential water demand
can be met. There is a 6 -inch City water line in Zurich Arch.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 504and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity
sanitary sewer main in the 24 -foot alley north of Rainier Court.
POLICE DEPARTMENT: The applicant should provide a street lighting plan for review by City staff. It is
strongly recommended that all external door strike plates shall be secured with a minimum two and one half (2
�/2) inch screws to improve the integrity and overall strength of door and frame against forcible entry.
FIRE DEPARTMENT: No current Fire Department concerns. A complete review will be done during the site
plan review process.
DEPARTMENT of HOUSING and NEIGHBORHOOD PRESERVATION: Housing and Neighborhood
Preservation supports this request that will enable Habitat for Humanity to provide 10 units of affordable
housing.
DEPARTMENT of PARKS and RECREATION: It is recommended that proposed walkways within the
development be connected by standard road crossings to the sidewalk on Zurich Arch or a new shared use
pathway be constructed within the north side of Zurich Arch right-of-way to connect to the school park
amenities at nearby Lynnhaven Elementary School. These improvements would provide safer pedestrian
connectivity for future residents. Parks and Recreation may be able to help coordinate or cost -participate in
these improvements.
SCHOOLS:
School
Current
Enrollment
Capacity
Generation'
Change 2
L nnhaven Elementary
440
516
2.5
0.7
Plaza Middle
1201
1215
1.4
0.5
Green Run High
1712
1798
1.6
0.1
"generation" represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
COMPREHENSIVE PLAN
EVALUATION AND RECOMMENDATION
Recommendation:
Staff cannot recommend approval of this application as currently proposed. As discussed below, staff
concludes that the number of units in this development should be reduced by four (4) units.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use
planning policies and principles for this area focus strongly on preserving and protecting the overall
character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a
general sense, the established type, size, and relationship of land use, both residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development, (pp. 89-90).
SOUTH HAMPTON
The Comprehensive Plan also notes that the City should strive to "Provide an adequate supply of safe,
decent, attractive and diverse housing, with a range of values including owner -occupied and rental units,
to accommodate the present and future needs of all Virginia Beach residents. Good housing and
neighborhoods are also more than a path to economic prosperity. Decent, affordable and stable housing
has a demonstrable positive and stabilizing effect on families and, especially, children," (pg. 237).
Evaluation:
This application was filed over a year ago and was put on hold to handle issues revealed during the
review process.
The first issue dealt with the Chesapeake Bay Preservation Area. After careful review, the property was
determined to be part of the Resource Management Area and the building area is in the highland of the
property. Chesapeake Bay staff gave administrative approval for this proposal.
The second issue pertained to the location of the site in the 65 to 70 dB Ldn AICUZ. The Navy, during
their initial review of the application in 2006, advised staff in a letter, dated March 28, 2006 (see end of
report), that under the Navy's OPNAV Instruction for AICUZ, residential use is deemed not compatible in
this AICUZ. On February 13, 2007, while this application was under review, the Memorandum of
Understanding (MOU) between the City and the United States Navy was agreed upon, and a process
was established for evaluation of discretionary development applications within the AICUZ that propose
uses designated as not compatible with the AICUZ.
As required by the MOU, City staff and Navy representatives (MOU Committee) met on April 26, 2007 to
discuss this application. A representative of South Hampton Roads Habitat for Humanity was present to
summarize the proposal and answer any questions. The existing R-7.5 site is approximately 3.2 acres, of
which 1.82 acres is buildable under the City Zoning Ordinance. The 1.82 acres, under the density of the
existing R-7.5 zoning, would yield 6 single-family units. The applicant is requesting a conditional rezoning
to A-12 Apartment District to allow for affordable multi -family housing. The applicant is requesting 10 units
on the 1.82 acres or roughly 6 units per acre.
Staff's concludes, based on the characteristics of the surrounding area, the Comprehensive Plan's
guidance for this area, and the discussion of the MOU Committee in determining a reasonable density for
this site within this AICUZ, that the most reasonable number of residential units for this site is six (6). The
applicant, however, has proposed ten (10) units. Staff, however, can recommend approval of this
application only if the applicant reduces the proposed number of dwelling units to six (6).
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the property is developed, the street, building orientation, and site layout shall be substantially in
accordance with the Exhibit entitled "TOPOGRAPHIC SURVEY FOR LYNNHAVEN WOODS" dated June 1,
2005, prepared by SIA, Inc. and Kroskin Design Group, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
PROFFER 2:
When the property is developed, there will be no more than ten (10) residential condominium units, within
two (2) buildings as depicted on the Concept Plan.
PROFFER 3:
When the Property is developed, the residential structures depicted on the Concept Plan shall have the
architectural design and appearance substantially as depicted on the Exhibit entitled "BUILDING FRONT
ELEVATION OF LYNNHAVEN WOODS, VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR HUMANITY"
dated October 5, 2005 and prepared by Kroskin Design Group which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 4:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable if the project were to receive a favorable
recommendation from the Planning Commission and approval from the City Council. Staff suggested a
reduction in the number of units would require a revision to the proffers.
The City Attorney's Office has reviewed the proffer agreement dated February 23, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
,o
v
kill
i
6A
a1
I
WNW
1 ♦
%. Ma.
1
f
{
4
:Au
i
,�
Ua
WS CM .r TONm
U:MLLJIWMEB
Mr,
�
t
Map H-7
7a Not to Scale
E3- , o
M.
South H
Habitat foj
i���• sem- ,'.;;� v -
G
Conditional
Roads
zity. It,
0-2
,An
R-7.5
jj�cx
I � r
1 04/24/07 1 Conditional Rezoning from 1-1 to 0-2 Granted LLI
ZONING HISTORY
SOUTH HAMPTON ROADS HABITAT
Thank you for t_le oppor,,=i,t y to c;orni ent on the:: Condi' . io zai
Rezoning =application by South :larpton =goads Habi -at for
Hi.i 3ani t� i' Inc. , £ o_ ._ a.e proposed Lrn:.,haven 1,10ods . a '-0 n
ci°v'ndom.T,:iur, d.belo'''1?^,?nt . The site :.4a located !, 65.5 .
<.tecibei (d3) { Fiy--Kybc au oraC (DIN—Li noise .•::one. Mindful --hat
Virginia H .a+_i. dim. rat adopt ..o^ir:g char-ges in thiz. c ontca:>._
�o' o,wi g the .recent joint and U _ St^udy, _ .rust none 4:Ic ess
aGi?.3.se ywa than the Navy's Air _ sta- ation UJ :zilb e U -SC. zOnO
A c Z) z-,,rogram provides tha... , E�siu n iai use is discouraged
wizh-'n the 65 , 7C1 ,rte BIN , .
f the city dezermil es that here are no ot^er v . ate'-
f,e,.rti' k€1«,.m nt alternative" i reC"yllf;s r with `,.''e Virginia
,miform Stra`_c.a;,le 5uildinq Code. to; noise '.e-. redaction of at
least 25 dB or c _eater be incorporated into t: «, dLsLgn and
cans rug :. a.s ese rte
approval.
ReMwasa you will malice .se concerns known to he city
staff and r^'T...a esenLe,',:. i::'l eS 'w}.�South iiampto•n Roe.ds-'ialoi t:a-z for
:.u7man y y tt1_.. cs ! ere . e L:p' z':c. i C3 all
Cnc,e,rrio .,_ ... S proposal ,ov;, air
Nava-operations i rva- :A .
"S�;miC,.
:n Oceaas. .tett k.C.! S ,. and3iSCUS tarry f Cee Of tne:
prcpos a:. To,, do so. pleaster contact my ,..omrrtunity Planning
:,jaison OEicen Mr, ?ay Firenzf' „ a,' 757; 433-315'.
t r Wing Officer
Copy to:
CY 7F "°'vS7T f 00,''x;428;;,
Lnz,_<rD:. :
�s� fir, sal=�= "��•? �.vr .. p Li00} +�
co lvci- MAR 3 0 5
SOUTH
HAMPTON ROADS HABITAT FOR HUMANITY
Agenda Item 14
Page' 11
DEPARTMENT OF THE NAVY
NAVA-, AIR S-X'1ON CCEEXNA
1P,,0 TOMC .3 40l JAR z
'r''i'.G. NIIIA REACH, VIRG N �£.;.pq 1
5726
Ser P,'lr5
Xarr_fi 28, -'006
PB. Rarer. Proclilo
Municipal Center
e yam ._re mss, of a -an
wng
-405 'C «S .Drive,
Building 2
ircTinia Beac:S, VA
22456-9'A0
P c Cni o.
Thank you for t_le oppor,,=i,t y to c;orni ent on the:: Condi' . io zai
Rezoning =application by South :larpton =goads Habi -at for
Hi.i 3ani t� i' Inc. , £ o_ ._ a.e proposed Lrn:.,haven 1,10ods . a '-0 n
ci°v'ndom.T,:iur, d.belo'''1?^,?nt . The site :.4a located !, 65.5 .
<.tecibei (d3) { Fiy--Kybc au oraC (DIN—Li noise .•::one. Mindful --hat
Virginia H .a+_i. dim. rat adopt ..o^ir:g char-ges in thiz. c ontca:>._
�o' o,wi g the .recent joint and U _ St^udy, _ .rust none 4:Ic ess
aGi?.3.se ywa than the Navy's Air _ sta- ation UJ :zilb e U -SC. zOnO
A c Z) z-,,rogram provides tha... , E�siu n iai use is discouraged
wizh-'n the 65 , 7C1 ,rte BIN , .
f the city dezermil es that here are no ot^er v . ate'-
f,e,.rti' k€1«,.m nt alternative" i reC"yllf;s r with `,.''e Virginia
,miform Stra`_c.a;,le 5uildinq Code. to; noise '.e-. redaction of at
least 25 dB or c _eater be incorporated into t: «, dLsLgn and
cans rug :. a.s ese rte
approval.
ReMwasa you will malice .se concerns known to he city
staff and r^'T...a esenLe,',:. i::'l eS 'w}.�South iiampto•n Roe.ds-'ialoi t:a-z for
:.u7man y y tt1_.. cs ! ere . e L:p' z':c. i C3 all
Cnc,e,rrio .,_ ... S proposal ,ov;, air
Nava-operations i rva- :A .
"S�;miC,.
:n Oceaas. .tett k.C.! S ,. and3iSCUS tarry f Cee Of tne:
prcpos a:. To,, do so. pleaster contact my ,..omrrtunity Planning
:,jaison OEicen Mr, ?ay Firenzf' „ a,' 757; 433-315'.
t r Wing Officer
Copy to:
CY 7F "°'vS7T f 00,''x;428;;,
Lnz,_<rD:. :
�s� fir, sal=�= "��•? �.vr .. p Li00} +�
co lvci- MAR 3 0 5
SOUTH
HAMPTON ROADS HABITAT FOR HUMANITY
Agenda Item 14
Page' 11
z
Lu
m
ul
Q
F
LLI
ix
D
(J)
0
w
51
t -
z
�. Lu
Uj
CA
w
VJ
i�
Ci
1 1 1 I Off 1
�a=a+
00
row
m
N .
G t t r
^9 G1
Gr �Q
me=0.co'
yOG (t�
I 1 Nn,..
Tn
Lmcr O zn@O^�
>tq
s
I
Q`G
>
mm
n W G j_ m; > o
��Z
«> m
pN�r`woto u
`°
>nw
O G 3
r
a,o
C E tp
�cdmsyc
_ - O
,u
O tTO
�� T04.
N. °t
C
( a
22 m 9Ni E U 11
O j E@fC0
.fl
i fl
a
m.° WNL G m_ N O ��L' 4 E
to L C tl
om
cG'
c...amo`'cmo,afl.
C O O
R N
s
_
0« d 3 t
w
c
uj
U dz's ai
0 N Xi "U
C?
= N
fl8 tsb E O
dC73N
'Oj i
GQN
N°%m.�w Oy°jy
fo �. y `+`
R v t1 sQ�
m C B7 O .i7 y O 6Gi
Oflfl'FG
9Gflfl
BOG E O'--'S�
14
3 H
NUa
•o wRu-�wmEmo
f
m
� q
e'w7
m�� otimwu� c..
CA
m
t
vV2-.t E"
i
ro
maz
o
o n
c
VJ
� y
3 N n=
d » N m
0 aa -z
A
i
I a ry
c
':a�N,'n 1
# I aa5
czcoioEtg5vsa.^�°t
1 1 1 I Off 1
�a=a+
row
m
G t t r
^9 G1
Gr �Q
y & fl
s
I
_Z
� m L
CL
o�'Gc
r
m m
,u
_' AM co
3m
m c m 0
C
«• i
i fl
a
E
{p G fl U
5477 7
N
R N
s
_
0« d 3 t
w
c
uj
U dz's ai
a
1 1 1 I Off 1
SOUTH HAMPTON ROADS HABITAT
'c a
i fl
a
E
lo*
p
14
3 H
m.
N
O G E 04
f
m
� q
� t9
CA
m
t
vV2-.t E"
i
ro
maz
o
o n
V� „� �•
� y
.�
G 'v z � m
i
I a ry
p c y
S y
n
tu fl q
x
r m•o�
�2 CSm
`
3 rOrr=
1 1 fl
2=
m a�
i
m
im«cr3
z"
a y u.n
.,
i c,,.a
CL
cl,P O fl
G E
w k
W 00. r^
i ccv tz
I
m
c m
a
'
mfl W
as
"o
Oa.''u°!
r a
onLC �r�
KZO
�m o
�m
6Tcc
G, CD
c7
h 6
y
N=
L
p'
*�
U cu, m 11J
N
L*
`. o a.w 5F3
i
p,
Z
_y
�
! j
ytrim
SOUTH HAMPTON ROADS HABITAT
Board of Directors
George "Chip" Slaven Jr., President
Irwin Kroskin, R.A., Vice President
Kimberly Painter, Treasurer
Cathy Lewis, Secretary
Dan Bell
Michael Benedetto
Bett Cornetta
Ernest Hefferon
James "Ken" Jolly
Wendy Juren
Greg Lyndon, J.D.
John Nogosek
George Parker
Pat Roll
Frederick Schmitt
Paul Shelton
Phil Stewart
Ralph Thomann
Matthew Weinstein
Christine Work, LPC
Steve Zahn, J.D.
Item #14
South Hampton Roads Habitat for Humanity, Inc.
Change of Zoning District Classification
East side of Zurich Arch, South of I-264
District 3
Rose Hall
May 9, 2007
REGULAR
Barry Knight: We will now proceed into our public hearing portion. Today, we have
three agenda items to be heard. We are going to hear these out of order today. We're
going to hear agenda item 14 first, and then agenda item 16. The reason for that is we
don't believe there will be near as much discussion on those two items as it will be on
agenda item you are all here for. Mr. Secretary, will you please call agenda item 14
please?
Joseph Strange: Sure. The first item is item 14, South Hampton Roads Habitat for
Humanity, Inc. An Ordinance upon Application of South Hampton Roads Habitat for
Humanity, Inc. for a Change of Zoning District Classification from R-7.5 Residential
District to Conditional A-12 Apartment District on property located on the east side of
Zurich Arch, South of I-264, District 3, Rose Hall, with four proffers.
Barry Knight: Welcome Eddie.
Eddie Bourdon: Thank you Mr. Chairman. It is my lucky day. For the record, I'm
Virginia Beach Attorney Eddie Bourdon representing the applicant South Hampton Roads
Habitat for Humanity, Inc., and the president, as well as the director who will be speaking
briefly. First thing I want to do is pass around the elevation of the buildings and the
building materials. This, as was read, is a conditional rezoning from unconditional R-7.5
to Conditional A-12 with a proffered plan to develop a 10 unit residential condominium
where the American dream of home ownership will come true for 10 hard working
deserving families in Virginia Beach. Each of the ten units will be owned by the family,
which occupies that unit. The condominium, which will govern the property, will be
permanently managed by Habitat for Humanity helping to ensure that the proper upkeep
and maintenance of these 10 units will take place in perpetuity. The property itself is
located on the south side of I-264 and on the east side of Zurich Arch, which is a public
right-of-way that serves the Plaza Apartment complex. As you can see on the composite
map, it is a very uniquely and oddly shaped piece of property. The developable portion of
the property is here. It is basically a triangular shape piece of property. This is Zurich
Arch. The property, which is currently zoned to be developed as single-family
residential, however, due to the unique size and topographic challenges of the property,
you could not put a public street on to that property and divide it into lots with the current
zoning. The best you could hope to do would be four, very large, in terms of area but
strangely shaped single-family lots on that piece of property. Habitat, which was donated
Item # 14
South Hampton Roads Habitat for Humanity, Inc.
Page 2
this piece of property a couple of years ago has worked with staff and with the
environmental folks, and this is a development that will fit on this property. It doesn't
need any variances for two five -unit buildings and a road that services it. It is not a
public right-of-way. It will be maintained by the condominium association and put in by
Habitat for Humanity as the developer of the property. The units, and you can see the
large front yards as they kind of squeeze together as you get back on the property. The
interesting thing here is that these units closest to Zurich Arch, they're 25 foot setbacks
on the property line, however, it is over 50 feet to the edge of the curb in the road. They
are setback very nicely from the public right-of-way. Similarly, these units are set back
close to 100 feet from the road that serves the condominium, 75 feet from the edge of the
parking pad. It gets closer as you get back to the back units. These units, once you pass
the parking area, are 25 feet back from the road in the area here, and they are a little over
30 feet back from the road. You've seen the elevations. This is what we are talking
about constructing. We got over 1.8 acres of developable land and a very strange
configuration but is how much is developable. The proposed density is ten -units works
out to 51/z units per acre. That is not a high density by any stretch. In fact, it is the same
density you will have in R-5 residential district. But you can't develop this type of
project in a R-5 Residential District because of the attached nature of these town homes.
The topographic, as I mentioned before, precludes us from putting in a standard city street
with a bulb cul-de-sac at the end of that street. Directly across from this property, the
Plaza Apartments are located. These apartments are developed at 12 units per acre, and
these are developed at 18 units per acre. The density, overall within this area, is more
than doubled that is proposed for this property with these 10 units on 1.8 acre. In other
words, 1.8 acres across the street would have over 20 units in them. The development
that we are proposing is 1.4 acres of open space. Associated with these ten units. As you
can see, when you look at the plan or the shape of the property. It is a much needed
project, within the City of Virginia Beach, and it is well designed. The property is in the
lowest noise zone around NAS Oceana. It is in the 65dB. And according the AICUZ
Overlay that we adopted over 17 months ago, this was an area that was essentially to be
unaffected by those ordinance requirements. In other words, it is not the 70dB to 75dB
noise zone. It is not in the 75 and above noise zone. It is not or near any of the APZs.
But, however, the Navy because of their OPNAV Instructions is commenting on every
application that involves a non -compatible use under OPNAV, no matter where it is or
what noise zone it is in. What could the Navy concern about this property's use at this
location possibly be? It is not in the Interfacility Traffic Area. It is nowhere near it. By
adding lights on the ground, obviously is not a concern to touch, and go landings at
Fentress Airfield, with regard to this piece of property. It is not in a crash risk area. The
bigger crash risk probably exists from the interstate that we abut. The only conceivable
issue present is noise. We will certainly do noise attenuation on these units. We will
certainly need to because the almost constant noise level from 1-264 will be at a decibel
level that higher is than the 65dB average day/night noise level. The single event noise
will be larger but the average dB level right next to the interstate is going to 65 or greater
anyway. Last night, City Council voted to buy some property in the 65dB noise zoned in
the Interfacility Traffic Area. The AOS Property, and you all heard me make a
Item #14
South Hampton Roads Habitat for Humanity, Inc.
Page 3
presentation on that a few months ago. That was a very good precedent and a very good
thing to do. It shows the city's commitment to protect that Interfacility Traffic Area, the
area where there is a legitimate concern regarding protecting Oceana. However, ladies
and gentlemen, this property is in the same 65dB noise zone as is over 80 percent of our
resort area. Nowhere near any Interfacility Traffic Area. At the Oceanfront, we have a
plan that is going to redevelop the Oceanfront, and zoning has been approved at the
Oceanfront at 36 units per acre, in the same noise zone. We're dealing with a need for a
Convention Center Hotel right next to the Pavilion, in the 70 and above noise zone. How
many units is that which are incompatible? Folks? This is an area this application makes
exceedingly good sense for and recognized the letter that is in your file, which was sent
by the Navy close to two years ago but, there objection to 10 units, in our opinion, doesn't
hold water. We need this project. It is one that is for the good of everyone. It cannot be
developed as 6 units economically, put in the road, and put in all the things that need to
be done, you can't do it. You can't do it and keep the housing affordable for the people
we are trying to serve. We appreciate the staff working with us for the last two years on
this project. We appreciate their comments about the desirability and their support for the
project. And, I do understand certainly that the only reason that it exists from the idea
that 10 units is too many is the issue with the Navy. I'm sorry they aren't here or that
issue wasn't able to be resolved. I'm sorry that I wasn't available to discuss it with them
when they had a meeting. But, we think that is certainly a project that worthy of your
affirmative vote. And with that, I`ll be happy to answer any questions.
Barry Knight: Thank you. Are there any questions of Mr. Bourdon at this time? Thank
you.
Eddie Bourdon: Thank you.
Barry Knight: Mr. Strange?
Joseph Strange: Speaking in support of the application is John Morgan.
Barry Knight: Welcome sir. Please state your name for the record.
John Morgan: Good afternoon. I'm John Morgan. I'm the Executive Director of Habitat
of Humanity South Hampton Roads. Habitat for Humanity, who partners with
community volunteers and businesses to build high quality affordable housing for
working lower income families making 30 to 60 percent of the areas median income.
These unique partnerships greatly rewards not only for the families but also for the
communities in which they are built. Do you know that a 100,000 people in South
Hampton Roads live under the poverty line and 70 percent of them are children? Do you
know the median costs of a two bedroom apartment is $805.00 a month and the minimum
wage earner would have to work 118 hours a week to afford rent. One of the most
important rewards is that homeownership helps build successful children. Compared to
children of renters, the same age, race, income, etc, the children of homeowners are 25
Item # 14
South Hampton Roads Habitat for Humanity, Inc.
Page 4
percent more likely to graduate from high school, 116 percent more likely to graduate
from college, 20 percent less likely to become teenage mothers. They are less likely to
have alcohol and substance abuse problems. They save taxpayers thousands in public
expenditures by reducing juvenile delinquency, teenage pregnancy, etc. They are 59
percent more likely to own a home within ten years of moving from their parent's
household. What a wonderful investment in the future of our children and our
community. We're there today to ask you to rezone a piece of property so that Habitat
and our volunteers can make that investment for 10 lower income families in your
community. As I mentioned earlier, Habitat builds decent, safe affordable housing for
lower income families making 30 to 60 percent of the areas median income. We sell
these houses to qualified families at no profit and zero percent interest. This allows us to
keep their payments at between $400 to $500 per month for the principal, taxes and
insurance. Our houses cost us approximately $65,000 to build. On this piece of property,
the development of the infrastructure will be approximately $400,000 to $500,000. We
can make this investment for 10 town home units and still keep the homes affordable,
which will be between $105,000 and $115,000 a piece. Developing that property for
anything less than ten units, would make these homes unaffordable with a 30 to 60
percent median families that we serve. We're not asking you to recreate anything
different or special for the Lynnhaven Woods neighborhood. As you have seen, the aerial
view of the site location is right across the street from Zurich Arch, where there are multi-
family residential town homes zoned A-12, and one block down at Coral Gables zoned
A-18. Our lot has 1.82 buildable acres, which currently would yield six residential units.
Surely, four additional units on this size property and in this neighborhood, would not
cause any additional problems, and will actually upgrade the community. There are
hundreds and hundreds of hard working lower income individuals in Virginia Beach
community that are unable to afford decent safe affordable housing in which to raise their
families. Jet noise is not a problem for them but the dream of raising a family in their
own home is. Please help us make this dream come true for 10 deserving families in your
community. Thank you.
Barry Knight: Thank you. Are there any questions for Mr. Morgan? Thank you sir.
Joseph Strange: The next speaker is Matthew Weinstein.
Barry Knight: Welcome sir. Please state your name for the record.
Matthew Weinstein: My name is Matthew Weinstein. I'm a resident of Virginia Beach.
I own a business that operates at the Beach. I'm Chairman of the Covenant of Virginia
Beach, which is a consortion of 22 churches all located in Virginia Beach that acts as a
building partner with Habitat for Humanity. We build, raise money and we're going to
try to do this project. I'm also on the Board of Directors of South Hampton Roads
Habitat for Humanity and I serve as a member of the Virginia Beach Workforce Housing
Roundtable. I am familiar with the work recently done by you all and City Council with
regard to development of a work force housing program. I am very appreciative of that.
Item #14
South Hampton Roads Habitat for Humanity, Inc.
Page 5
It is in that spirit that I come to you today. I know the neighborhood very well. We had a
townhouse donated to Habitat, which we restored last year. We put one of our families in
it in that neighborhood on Rainier Court. I also feel strongly about the use of all 10 units
if possible. I would seriously ask for your consideration. We are limited in land, and that
has been our great challenge over the last four years. For the first time in three years,
today we are starting a project that is new construction on a piece of land that was
donated. And, that project is on Aragona Boulevard, and we could not have done that
without the assistance of the City. They helped us get that property and we're very
grateful. In this case, I'm sort of asking you for that help today. If we can get ten
families in, we do not know when our next property will come around. We don't have
property on the horizon. And, you are more aware than I am about what's happening to
the cost of land in the City over the last 6 to 12 years. So, in that spirit, I come to you
today to ask for your consideration. Also, I would like to make a point again that has
been made by my predecessors. These are working families. Four of those units are also
going to be structured in such a way that makes them handicapped accessible. A number
of the folks that fall into that category of deserving families income wise, many times do
have handicaps. I thank you very much for your patience and consideration.
Barry Knight: Thank you. Are there any questions of Mr. Weinstein? Thank you sir.
Joseph Strange: That is all of our speakers.
Barry Knight: We have none in opposition.
Joseph Strange: None in opposition.
Barry Knight: Okay. I'll open it up amongst the Commissioners. Ms. Wood?
Dorothy Wood: Mr. Knight, if it is appropriate, I would like to make a motion that we
support the 10 units. I fully support the United States Navy, and most of you know, I
never voted against them but in this one case, I believe that our Habitat for Humanity is
one of the best groups that we have in our city. Owning a home is an American dream.
These people deserve the dream. This group, Habitat for Humanity, has just done
wonderful things in the City. Mr. Bourdon, I appreciate you working with them, and I
appreciate the Board of Directors, who are here today. As a proud owner of the pirate
ship from your toolbox bash, I certainly do support you, and I'm happy to make the
motion to support the ten homes.
Barry Knight: Very well said. Thank you Ms. Wood. There is a motion on the floor.
There is a second by Mr. Horsley. I'll open it back up for discussion. Ms. Anderson?
Janice Anderson: I am in agreement with Ms. Wood. Besides the great things that they
do and the need of the community, I believe that changing the zoning to A-12 is actually
appropriate. Our agreement of understanding with the Navy in this position even states
Item #14
South Hampton Roads Habitat for Humanity, Inc.
Page 6
that when zoning is what we don't see, it is not reasonable, then we can change it to
something that is reasonable. I think the R-7.5 here is not reasonable rezoning for this
piece of property. It is not going to connect to the adjoining R-7.5, it is going to connect
to the A-12, so that is how you're going to access it, and I think it would be wrong to put
single-family homes that is connecting through A-12 and A-18 property. Especially, this
property is challenged in its shape and its ability to build on it. I'm just glad that Habitat
has acquired the property to build these homes on it. So, I believe even with our
agreement with the Navy, our agreement of understanding that the current zoning is
improper, and the reasonable zoning would be A-12.
Barry Knight: Thank you Ms. Anderson. Mr. Crabtree?
Eugene Crabtree: Yes. This happens to be in my district. I'm concerned about the piece
of property and the things surrounding it. And being a retired Navy member myself, I
strongly support the Department of Defenses stand. However, in reading the letter that
we received from the Department of Defense and the Navy to this, there is really, in their
letter no great strong objection to the City approving this application. It is more of a
matter of formality I think, than it is a strong disagreement with doing this. Habitat of
Humanity is going to improve this property. It is a much better use of the property than
what is being done. And the use, as it stands now, the surrounding neighborhoods has to
benefit from this by an example to include the residents surrounding the neighborhood to
bring it up to a higher standard. And, because of these things, I'm going to go ahead and
support this even though it is going against my grain, as far as the military is concerned.
But, I don't really think the military has that strong of an objection to it. Therefore, I am
going to support the application.
Barry Knight: Thank you Mr. Crabtree. Is there any other discussion? There is a motion
on the floor to approve by Dot Wood and seconded by Don Horsley. Since there is no
other discussion, I'll call for the question.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
ABS 0 ABSENT 1
ABSENT
Item # 14
South Hampton Roads Habitat for Humanity, Inc.
Page 7
Ed Weeden: By a vote of 10-0, the Board has approved the application of South
Hampton Roads Habitat for Humanity, Inc. has been approved.
Barry Knight: Thank you.
In Reply Refer To Our File No. DF -6452
TO: Leslie L. Lilley
FROM: B. Kay WilsdoXl
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 29, 2007
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: South Hampton Roads Habitat for
Humanity, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 12, 2007. 1 have reviewed the subject proffer agreement, dated
February 23, 2007 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC.
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 23rd day of February, 2006, by and between
SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC., Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located
in the Rose Hall District of the City of Virginia Beach, containing approximately
3.202 acres, which is more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference. Said parcel is herein referred to as the
"Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from R-7.5
Residential District to Conditional A-12 Apartment District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
GPIN: 1487-93-9540
PREPARED BY:
MSUES. BOURDON.
A URN & LUVY. P.C.
1
PREPARED BY:
MSYKES. ROURDON.
AHERN & LEVY. P.C.
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantor's rezoning
application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the A-12
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property
to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, the street, building orientation, and
site layout shall be substantially in accordance with the Exhibit entitled
"TOPOGRAPHIC SURVEY FOR LYNNHAVEN WOODS" dated June 1, 2005,
prepared by SIA, Inc. and KROSKIN DESIGN GROUP, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning.
2
PREPARED BY:
M SYKES. BOURDON.
ANERN & L£VY. P.C.
2. When the Property is developed, there will be no more than ten (10)
residential condominium units, within two (2) buildings as depicted on the
Concept Plan.
3. When the Property is developed, the residential structures depicted on
the Concept Plan shall have the architectural design and appearance substantially
as depicted on the Exhibit entitled "BUILDING FRONT ELEVATION OF
LYNNHAVEN WOODS, VIRGINIA BEACH, VIRGINIA FOR HABITAT FOR
HUMANITY" dated October 5, 2005 and prepared by Kroskin Design Group which
has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department ("Elevation".
4. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
3
PREPARED BY:
SYYES, ROURDON.
00 A14ERN & I.M. P.0
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and
the Grantee.
0
WITNESS the following signatures and seals:
GRANTOR:
SOUTH HAMPTON ROADS HABITAT
FOR HUMANITY, INC.
By: (SEAL)
IIIExe
John K. organ , cutive Director
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this_Q{t'' day of
February 2006, by John K. Morgan III, Executive Director of South Hampton
Roads Habitat for Humanity, Inc.
My Commission Expires:
^"7J. 3O/' 2-001I
PREPARED BY:
M SYKES, ROURDON,
M ARERN & LEVY. P.C.
5
otary Public
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and being
known, numbered and designated as "PARCEL B" as shown on that certain plat
entitled "Subdivision of Lynnhaven Woods, Section Four, Virginia Beach, Virginia,"
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in map book 199, at page 55 et seq., which parcel is
further identified by the GPIN number 1487-93-9540-0000.
GPIN: 1487-43-9540
conditional rezoning/Habitat/Proffer 1
PREPARED BY:
SYKES, BOURDON.
ME AIERN & I.M. P.C.
2
G-7
R -T5
DTG Operations, Inc.
. b_4 8-
CUP for Motor Vehicle
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of DTG Operations, Inc. for a Conditional Use Permit for motor
vehicle rentals on property located at 3750 Virginia Beach Boulevard, Suite 1
(GPIN 1487444873). AICUZ is Less than 65 dB Ldn. DISTRICT 5 — LYNNHAVEN
MEETING DATE: June 12, 2007
■ Background:
The applicant requests a Conditional Use Permit to allow motor vehicle rentals
within an existing shopping center.
■ Considerations:
The office for the local car rentals will be located within the center unit of an
existing retail building located near the rear of the lot. The proposed designated
parking area for up to ten (10) rental vehicles is located directly behind an
existing Blockbuster Video building, which is located near the front of the lot. The
existing commercial center, including the proposed car rental facility, requires
259 spaces, and there are currently 369 spaces. There is, therefore, a surplus of
110 spaces within the lot. Hours of operation will be Monday thru Friday, 8:00
a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. Two full-time staff will
operate the facility.
The Planning Commission placed this item on the consent agenda because they
concluded the use is appropriate for the site and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with 1
abstention to approve this request with the following conditions:
1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and
Saturday 8:00 a.m. to 2:00 p.m.
2. No outside paging or sound amplification system shall be permitted.
3. No additional freestanding signs beyond what currently exist on the site shall
be permitted.
4. No more than 10 rental motor vehicles shall be allowed on the site at any
time. Rental vehicles shall be parked in the area designated on the site plan
as "Permitted area for parking or tenant's rental vehicles" prepared by The
Vision Group, dated February 27, 2007, entitled Birchwood Shopping Center
Suite 1.
DTG Operations, Inc.
Page 2 of 2
5. There shall be no sale of automobiles on the site.
6. There shall be no on-site washing, detailing, or maintenance of any motor
vehicles on the site.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage • S �
DTG OPERATIONS,
INC.
Agenda Item 3
May 9, 2007 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for motor vehicle rentals.
ADDRESS / DESCRIPTION: 3750 Virginia Beach Boulevard.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14874448730000 5 - LYNNHAVEN 1,915 square feet of leased space from a
6.76 -acre lot.
The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST
motor vehicle rentals.
The office for the local car rentals is located within the center unit of an existing retail building located
near the rear of the lot. The proposed designated parking area for up to ten (10) rental vehicles is located
directly behind an existing Blockbuster Video building, which is located near the front of the lot. The
existing commercial center, including the proposed car rental facility, requires 259 spaces, and there are
currently 369 spaces. There is a surplus of 110 spaces within the lot. Hours of operation will be Monday
thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00 p.m. Two full-time staff will operate the
facility.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Retail shopping center.
SURROUNDING LAND North: . Lampl Avenue
USE AND ZONING: . Single-family homes / R-7.5 Residential District
South: . Automotive sales / B-2 Community Business District
East: . Wholesale facility & financial institution / B-2 Community
Business District
West:
2 Community Business District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with this site.
AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• VIRGINIA
Beach Boulevard in front of this application is an eight -lane divided major urban arterial. There are no
further improvements shown on the Master Transportation Plan Map for this section of roadway.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Virginia Beach
53,782 ADT
56,240 ADT (Level of
Existing Land Use —
Boulevard
Service "D")
3,719 ADT (550
trips/acre)
Proposed Land Use 3 -
No professional data for
the proposed use as a
car rental facility is
available. Impact should
be minimal.
Average uaiiy i rips
Zas defined by Birchwood Mall Shopping Center, which is zoned B-2
3 as defined by car rental facility
WATER: This site has an existing water meter and connection. There is a 10 -inch water main in Lampl
Avenue. There is an 8 -inch City water main crossing this site in an easement.
SEWER: This site currently connected to City sanitary sewer. There is an 8 -inch City gravity sanitary sewer
main in Lampl Avenue fronting this site.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
The current land use pattern for Strategic Growth Area 5 is suburban strip commercial with some
multifamily along Virginia Beach Boulevard. The Plan policies recommend that this area be transformed
from its suburban commercial land use pattern to one that provides a more balanced mix of urban
DTG OPERATIONS, INC.
Agenda Item .3
:Page 2
residential and commercial uses, particularly along the north side of Virginia Beach Boulevard. Similar
uses are appropriate along the south side of the boulevard and should be oriented to the Rosemont Road
intersection.
Evaluation:
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is compatible with the adjacent residential neighborhood as well as the business areas. There
are 369 parking spaces provided throughout the lot, which amounts to a surplus of 110 spaces over what
is required. Staff, therefore, concludes that there is sufficient parking to accommodate the proposed car
rental facility and other existing business on site. No more than ten (10) vehicles available for rent to the
public will be present at the site.
CONDITIONS
1. Hours of operation shall be Monday thru Friday, 8:00 a.m. to 6:00 p.m. and Saturday 8:00 a.m. to 2:00
p.m.
2. No outside paging or sound amplification system shall be permitted.
3. No additional freestanding signs beyond what currently exist on the site shall be permitted.
4. No more than 10 rental motor vehicles shall be allowed on the site at any time. Rental vehicles shall
be parked in the area designated on the site plan as "Permitted area for parking or tenants rental
vehicles" prepared by The Vision Group, dated February 27, 2007, entitled Birchwood Shopping
Center Suite 1.
5. There shall be no sale of automobiles on the site.
6. There shall be no on-site washing, detailing, or maintenance of any motor vehicles on the site.
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.
AERIAL OF SITE
• •J
• • • ROOM
L.
U
F
LU
IP�
41
42
11
LM
a -8
0
0
7F
t
R
.2
Li
Iz
a
LM
City of Virginia Beach, VA
Conditional Use Permit Application
Disclosure Statement
Applicant Disclosure
2. List all business that have a parent -subsidiary or affiliated business entity
relationship with the applicant: (attach list if necessary)
Dollar Thrifty Automotive Group, Inc. Parent company
Dollar Rent A Car, Inc. Affiliated company
Thrifty Rent-A-Car System, Inc. Affiliated company
Rental Car Finance Corp. Affiliated company
DTG OPERATIONS, INC
(Oklahoma)
DISCLOSURE STATEMENT ATTACHMENT'-
Directors
Gary L. Paxton
John J. Foley
Steven B. Hildebrand
officers President
John J. Foley
Executive Vice President and
David W. Sparkman
Chief Financial Officer
8.13.04
Executive Vice President
Yves Boyer
Executive Vice President and
Vicki J. Vaniman
Secretary
Vice President and
Robert J. Drvostep
Assistant Chief Financial Officer
Vice President
Dean Strickland
3/15104
Vice President
Robert C. DuPont
2/14/05
Vice President
Mario E. Nargi
9/19/06
Vice President
Robert S. Erickson
Treasurer
Pamela S. Peck
Ass't Treasurer
Michael H. McMahon
Ass't Secy
James R. Ryan
Ass't Secy
Stephen W. Ray
12121105
Ass't Secy
Janet L. Qrumright
Ass't Secy
Matt Pellegrino
2.1.07
Ass't Secy
Bradley A, Evans
(Oklahoma)
DISCLOSURE STATEMENT ATTACHMENT'-
Item #3
DTG Operations, Inc.
Conditional Use Permi:
3750 Virginia Beach Boulevard, Suite 1
District 5
Lynnhaven
May 9, 2007
CONSENT
Barry Knight: The next portion of our meeting will be the consent items. I will turn this
over to the Vice Chairman, Ms. Anderson.
Janice Anderson: Thank you Chairman. This afternoon we have five items on the
consent agenda. The first one is agenda item 3. That is the application of DTG
Operations, Inc. It is for a Conditional Use Permit for motor vehicle rentals on property
located at 3750 Virginia Beach Boulevard in the Lynnhaven District. Is there a
representative on this application?
Mike Culpepper: Good afternoon. For the record, I'm Mike Culpepper, a Virginia Beach
attorney. We agree to the conditions set forth.
Janice Anderson: Okay. Thank you very much. Is there any opposition to this matter
being placed on the consent agenda? Gene Crabtree has been asked to review this
application for us.
Eugene Crabtree: The application is for a car rental. It is actually in the Birchwood
Shopping Mall on Virginia Beach Boulevard. It is located in a strategic growth area for
the City and it is located in an area that sits close to automotive places that are conducive
to having car rentals. It also sits not too far from Town Center, which is also an area,
which in the future will probably utilize rental cars and that type of thing. They propose
to only have ten vehicles on the site at anytime. The parking lot and parking spaces that
they have in this mall are numerous. It is never full. There is plenty of room for it. It
won't impede. It won't impact on any of the adjacent businesses or prevent any of them
from doing what they need to do. They're operating hours are from 8:00 am to 6:00 pm.
during the week and 8:00 am to 2:00 pm on Saturdays that it won't interfere with any of
the businesses as well. It is a good land use of this particular piece of property, and
therefore, we put it on the consent agenda.
Janice Anderson: Thank you Gene. Mr. Chairman, I make a motion for the consent of
agenda item 3.
Barry Knight: There is a motion on the table to approve the consent agenda item. The
motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? Mr.
Redmond.
Item #3
DTG Operations, Inc.
Page 2
David Redmond: Mr. Chairman, the Dollar Thrifty Automotive Group is a client of my
firms. I personally provide services to the Dollar Thrifty Automotive Group. On the
advise of the City Attorney, I will excuse myself specifically froin that vote while
supporting the other items on the consent agenda. I filed the appropriate letter with the
Interim Planning Director, Mr. Whitney, for public inspection.
Barry Knight: Okay. Is there any other discussion? I'll call for the question.
Ed Weeden: By a vote by 9-0, with the abstention so noted, the Board has approved item
3 for consent.
Barry Knight: Thank you.
AYE 9 NAY 0 ABS 1 ABSENT 1
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
LIVAS
AYE
REDMOND
ABS
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote by 9-0, with the abstention so noted, the Board has approved item
3 for consent.
Barry Knight: Thank you.
CUP for Car Wash Facility
�QQ�'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Dark Age Enterprises, L.L.C. for a Conditional Use Permit
for a car wash on property located at 590 Baker Road (GPIN 1468302759). AICUZ
is Less than 65 dB Ldn. DISTRICT 2 — KEMPSVILLE
MEETING DATE: June 12, 2007
■ Background:
A vacant automotive service facility is currently located on the site. The applicant
requests a Conditional Use Permit to allow the site to be used as a car -wash
facility.
■ Considerations:
The applicant intends to operate the car wash out of the existing building. The
applicant will use the site's existing bays, parking, and vehicle circulation in the
conduct of the car wash business. There are six (6) employee parking spaces
and six (6) spaces for vehicles to be washed. Vehicles obtaining a car wash
enter the building from the rear and are vacuumed immediately prior to entering
the structure. Actual car washing takes place inside the building and vehicles are
dried in the area located at the front of the building, immediately after exiting the
building. No new construction is proposed. The hand car washing and detailing
facility will operate from 9:00 a.m. to 8:00 p.m., seven (7) days a week. Vehicle
accessories such as air fresheners, steering wheel covers, mats, window
screens (sun protectors), etc. will also be available for purchase. Facility staff
includes a total of five (5) employees.
The applicant will enhance the existing building facade by painting siding, trim,
doors, and bollards. The applicant will also add landscaping around the existing
freestanding sign and additional trees and benches will be installed at the rear of
site. The dimensions of the sign will remain the same; however, the face of the
sign will be modified to represent the new car wash facility.
The proposed car wash provides service and jobs to the community on a site
where no use currently is in operation. The proposal is compatible with the
adjacent business and industrial areas. The proposed improvements will
enhance the existing site and building, and provide an improved appearance for
this section of Baker Road.
The Planning Commission placed this item on the consent agenda because this
request will occupy a currently vacant building, the proposed aesthetic changes
will greatly enhance the site, and there was no opposition.
Dark Age Enterprises, Inc.
Page 2 of 2
■ 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 in substantial conformance with the submitted
site plan prepared by The Livas Group Architects P.C.
2. The structure shall be modified in substantial conformance with the submitted
elevation prepared by The Livas Group Architects P.C.
3. The applicant shall submit a landscape plan for review and approval showing
required landscaping around the existing freestanding sign and showing the
location of existing and proposed site landscaping. At minimum, three
additional trees of at least 2 -inch caliper shall be installed.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. V
Submitting Department/Agency: Planning Department
City Manager. V- , n
r
DARK AGE
ENTERPRISES,
L.L.C.
Agenda Item 4
May 9, 2007 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for a car wash facility.
Map C-6 _ Dark Axe Enterprise, LLC
_ 17
Q9 B 2 \
CUP for Car Wash Facility
ADDRESS / DESCRIPTION: Property located at 590 Baker Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14683027590000 2 - KEMPSVILLE 19,709 square feet
The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST
car -wash facility. The hand car washing and detailing facility
will operate from 9:00 a.m. to 8:00 p.m., seven (7) days a week. Vehicle accessories such as air
fresheners, steering wheel covers, mats, window screens (sun protectors), etc. will also be available for
purchase. Facility staff includes a total of five (5) employees.
The applicant intends to operate the car wash out of the existing building, which was last used as an
automotive service facility. The applicant will use the site's existing bays, parking, and vehicle circulation
in the conduct of the car wash business. Vehicles obtaining a car wash enter the building from the rear
and are vacuumed immediately prior to entering the structure. Actual car washing takes place inside the
building and vehicles are dried in the area located at the front of the building, immediately after exiting the
building. No new construction is proposed.
The applicant will enhance the existing building fagade by painting siding, trims, doors, and bollards. The
applicant will also add landscaping around the existing freestanding sign and additional trees and
benches will be installed at the rear of site.
The dimensions of the sign will remain the same; however, the face of the sign will be modified to
represent the new car wash facility.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Vacant automotive service facility.
SURROUNDING LAND North: . Car rental / B-2 Community Business District
USE AND ZONING: South: . Retail / B-2 Community Business District
East: . Window manufacturing / 1-1 Light Industrial District
West: . Car rental / B-2 Community Business District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with this site.
AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)• Baker
Road in front of this application is considered a two-lane undivided collector street. A Capital
Improvement Program project is slated for this area. Baker Road Extended (CIP 2-071) provides for the
construction of Baker Road from Bulls Bay Drive to just west of Holly Farms Drive. The proposed
roadway will consist of a two-lane collector street within a 70 -foot right—of-way and a signalized
intersection at Witchduck Road. There will also be upgrading to the landscaping and a multi -use path.
This site does not appear to be impacted by that project.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Baker Road
No existing traffic counts are
Existing Land Use — 80 ADT
available for this section of
Weekdays and 84 Weekends
roadway.
Proposed Land Use 3- 144
Weekdays and 177 Weekends
4 Weekday Peak Hours
Vehicles (entering)
14 Weekend Peak Hours
(entering)
Average uaoy i nps
z as defined by "quick lube" auto service
3 as defined by hand car wash
WATER: This site is connected to the City water system and has an existing 5/8 -inch water meter (Meter
#95031122), which can be used or upgraded. There is a 6 -inch and 8 -inch City water main on Baker Road.
SEWER: This site currently connects to the existing City system. Analysis of Pump Station 344 and the
sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing
8 -inch City gravity sanitary sewer main on Baker Road.
DARK AGE ENTERPRISES, L.L.C.
Agenda Item 4
Page 2
STORMWATER MANAGEMENT: A stormwater management plan for water quantity and quality in
accordance with the Public Works Specifications and Standards must be submitted. The proposed stormwater
management plan must be designed in accordance with the Virginia Pollution Discharge Elimination System
Permit that will be issued for the facility. The operations of the proposed facility must not impact the water
quality of the downstream receiving storm drain systems.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area. The established type, size, and relationship of land use, both
residential and non-residential, in and around these neighborhoods should serve as a guide when
considering future development.
Evaluation:
A vacant automotive service facility is currently located on the site. The proposed car wash provides
service and jobs to the community on a site where no use currently is in operation. The proposal is
compatible with the adjacent business and industrial areas. There are six (6) employee parking spaces
and six (6) spaces for vehicles to be washed. Staff concludes sufficient parking is available to
accommodate employees and vehicles to be washed. The proposed improvements will enhance the
existing site and building, and provide an improved appearance for this section of Baker Road.
CONDITIONS
1. The site shall be developed insubstantial conformance with the submitted site plan prepared by The
Livas Group Architects P.C.
2. The structure shall be modified in substantial conformance with the submitted elevation prepared by
The Livas Group Architects P.C.
3. The applicant shall submit a landscape plan for review and approval showing required landscaping
around the existing freestanding sign and showing the location of existing and proposed site
landscaping. At minimum, three additional trees of at least 2 -inch caliper shall be installed.
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.
DARK AGE ENTERPRISES, L.L.C.
Agenda Item 4.
Page 3
0
SITE P,LAa, ,r,
=—I]
PAI KIW.v EASEi�IEII�ITT
6RANT EV TO LL-- AAC7-1
N 46 5a' 041*
N 62 IC's G6" A ;26.az
WIM
EXISTINt�s alfaNEA LANDSCAPI Wl
sa
6:2 15' 45" !q5.2a
L-pvsm* Ir'o. VIP,611
POPOZ EA-SeMZNT
tP
-EXISTINO 150'VIi261NIA
POMP. EA5EI-eNT
PROPOSED BUILDING ELEV
DARK AGE ENTERPRISES, L.L.C.
Agenda -Ion:4
Page 7
I.r_._ n c T 7 A rt •
CUP for Car Wash Facility
#
Date
Description
Action
1
12-09-68
07-13-87
Conditional Use Permit (auto sales)
Conditional Use Permit auto repair)
Granted
Granted
2
01-08-90
02-01-00
Conditional Use Permit (auto sales)
Conditional Use Permit auto sales
Granted
Granted
3
09-24-96
Zoning Change R-7.5 & B2 to Conditional B-1
Granted
4
05-22-89
Conditional Use Permit auto repair)
Granted
5
05-29-90
Conditional Use Permit (bingo)
Granted
6
11-20-89
Conditional Use Permit auto repair)
Denied
7
05-24-94
Subdivision Variance
Granted
8
02-27-01
Conditional Use Permit (self -storage facility)
Granted
9
01-28-92
04-14-92
Conditional Use Permit (bingo hall)
Conditional Use Permit recreational facility)
Granted
Granted
� r
r A y,<MINI
ffl�il�Ctl:L'TITI
pill; 13
k„w Asa s.q..
ffl�il�Ctl:L'TITI
pill; 13
k„w Asa s.q..
F
�
L
oilG
W— • E - I
• L
,.. ,..
.s
also,
^JJ
i
SHE
WA L
��..���:��
4
0 r
BW
Item #4
Dark Age Enterprises, Inc.
Conditional Use Permit
590 Baker Road
District 2
Kempsville
May 9, 2007
CONSENT
Janice Anderson: The next matter is agenda item 4. It is an application of Dark Age
Enterprises, L.L.C. This is for a Conditional Use Permit for a car wash on property
located at 590 Baker Road in the Kempsville District. Is there a representative on this
application? Come forward please. Welcome. Please state your name.
William Milligan: Good afternoon. I'm William H. Milligan, III for the record from the
Livas Group Architects.
Janice Anderson: Thank you. Welcome. Mr. Milligan, there are three conditions on this
application. Have you reviewed those and are those acceptable to you?
William Milligan: Yes I have. They are acceptable.
Janice Anderson: Thank you.
William Milligan: Thank you.
Janice Anderson: Is there any opposition to this matter being placed on the consent
agenda? See none, the Chairman has asked Henry Livas to review this application for us.
Henry Livas: For the record, as you heard the Livas Architect Group did the technical
work on this, so I wanted to state to that firm was founded by my father many years ago,
however, I don't have any business relationship with the firm at this time. So, therefore, I
will still be voting and exercising my rights as Commissioner. Agenda item 4, the Dark
Age Enterprises requests a Conditional Use Permit for a car wash facility. The applicant
intends to operate the car wash out of the existing building, which was last used as an
automotive service facility. The applicant will use the site's existing bays, parking, and
vehicle circulation in the conduct of the car wash business. No new construction is
proposed. However, the applicant will enhance the existing building by painting, siding,
trims and doors. The applicant will also add landscaping around the existing freestanding
sign, and additional trees and benches will be installed at the rear of the site. Therefore,
we recommend approval of a Use Permit for a car wash facility.
Janice Anderson: Thank you Henry. Mr. Chairman, I make a motion for the consent of
agenda item 4.
Item #4
Dark Age Enterprise, Inc.
Page 2
Barry Knight: There is a motion on the table to approve the consent agenda item. The
motion made by Jan Anderson and seconded by Dot Wood. Is there any discussion? I'll
call for the question.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
ABS 0 ABSENT I
ABSENT
Ed Weeden: By a vote by 10-0, the Board has approved item 4 for consent.
K. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
BLUE RIBBON TAX, FEE, and SPENDING TASK FORCE
OPEN SPACE ADVISORY COMMITTEE
REVIEW and ALLOCATION COMMITTEE (COG)
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
CITYWIDE TOWN MEETINGS
June 19 Virginia Beach Convention Center — 7:15 pm
Shaping our Community and Ourselves to Protect our Waterways
**Due to this Town Meeting, the regular City Council Workshop
at 4:00 PM is cancelled.
September 18 Time and Location to be Announced
FY 2008-2010 Budget
November 20 Green Run Homeowners Association Building — 7:15 pm
Stormwater Plans and Funding
CITY COUNCIL SUMMER SCHEDULE
July 3
Cancelled
July 10
Briefings,
Informal, Formal, including Planning items
July 17
Briefings,
Informal, Formal, including Planning items
August 7
Cancelled
August 14
Briefings,
Informal, Formal, including Planning items
August 21
Briefings,
Informal, Formal
August 28
Briefings,
Informal, Formal, including Planning items
CITY OF VIRGINIA BEACH
BRIEFINGS:
SUMMARY OF COUNCIL ACTIONS
REGIONAL SANITARY SEWER CONSENT
Tom Leahy,
ORDER
Director,
Department of
V
0
I
Utilities
DATE: June 5, 2007
M
B
L
B
D
Catheryn
Whitesell,
C
E
L
E
D
H
Director,
C
R
A
W
PAGE: 1
S
I
E
J
L
N
U
N
1
T
E
D
N
O
A
D
H
U
L
W
AGENDA
E
Z
Y
L
N
N
0
R
E
S
0
ITEM # SUBJECT MOTION VOTE
p
E
E
E
E
A
R
I
V
0
0
H
L
R
Y
S
N
F
N
A
N
D
I. -A
BRIEFINGS:
REGIONAL SANITARY SEWER CONSENT
Tom Leahy,
ORDER
Director,
Department of
Utilities
B
TRANSITION AREA FINANCING
Catheryn
Whitesell,
Director,
Department of
Management
Services
11/11F
IVN
CERTIFICATION OF CLOSED SESSION
CERTIFIED
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
VI -E
F -I
MINUTES— April 10, 2007
APPROVED
8-0
Y
Y
Y
Y
Y
Y
A
A
B
Y
Y
A
B
S
S
T
T
A
A
1
I
N
N
E
E
D
D
G/H-
PUBLIC HEARING
1
VOTING PRECINCTS
No speakers
Adding/Changing Locations/Boundary Lines
UJ.1-
Ordinances to AMEND the City Code:
a.
§10-1 re ADDING 6 Voting
Precincts/moving 2 polling locations/changing
ADOPTED, BY
CONSENT
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
one boundary line
b.
§2-413 re ALLOWING City Council up to 14
days to confine a Local Emergency Declaration
ADOPTED, BY
CONSENT
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
by City Manager
2
Ordinance to APPROPRIATE $596,077
additional (CDBG/HOME Program income to
Housing/Neighborhood Preservation's budget
DEFERRED TO
JUNE 12, 2007,
BY CONSENT
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
3
Ordinance to AUTHORIZE reimbursement by
Sheriff of $1500 in legal expenses to a Deputy
ADOPTED, BY
CONSENT
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
4
Ordinance to APPROVE Vegetation Control
Permit to Edwin B. Lindsley, Jr., at Va Beach
DEFERRED TO
JUNE 12, 2007
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
Blvd/Rosemont Road
5
Resolution to ADOPT the Ten -Year Plan to
ADOPTED
9-1
Y
Y
Y
Y
Y
N
A
Y
Y
Y
Y
End Homelessness/submit to HUD/ Interagency
Council on Homelessness
F VIRGINIA BEACH
Resolutions to REFER to Planning
Y OF COUNCIL ACTIONS
F
Commission AMENDMENTS to CZO
Workforce Housing:
V
DATE: June 5, 2007
0
I
§§102/900/ADD new Article 20 re Overlay
ADOPTED BY
9-1
Y
Y
Y
Y
Y
M
B
Y
L
Y
Y
D
CONSENT
C
E
L
PAGE: 2
E
D
b.
H
ADOPTED BY
C
R
Y
A
W
Y
N
S
I
Y
E
1
L
N
U
N
I
AGENDA
T
E
D
N
O
A
D
H
U
L
W
ITEM # SUBJECT MOTION VOTE
E
Z
Y
L
N
N
0
R
E
S
O
P
E
E
E
E
A
R
I
V
O
O
H
L
R
Y
S
N
F
N
A
N
D
6.a
Resolutions to REFER to Planning
Commission AMENDMENTS to CZO
Workforce Housing:
§§102/900/ADD new Article 20 re Overlay
ADOPTED BY
9-1
Y
Y
Y
Y
Y
N
A
Y
Y
Y
Y
District/requirements
CONSENT
b.
Comprehensive Plan incorporating the
ADOPTED BY
9-I
Y
Y
Y
Y
Y
N
A
Y
Y
Y
Y
Program Principles
CONSENT
7
Resolution to EXTEND, thru 9/25/07, term
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
of Green Ribbon Committee on water
CONSENT
quality improvement
K-1
KINGS GRANT CITGO, Modification of
MODIFIED WITH
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
Conditions to allow 2 additional drive-
REVISED
through service bays (approved on April 24,
CONDITIONS, BY
1989) (DISTRICT 5 — LYNNHAVEN)
CONSENT
L
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
Reappointed — 4
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
years
7/l/07— 6/30/11
Elliott C. Jones
Brad D. Martin
John M.Ryan
BAYFRONT ADVISORY COMMITTEE
Reappointed — 3
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
years
7/t/07-6/30/10
Joseph Boyce
Fred Hazelwood
Kai Kassir
BEACHES and WATERWAYS
RESCHEDULED
B
Y
C
0
N
S
E
N
S
U
S
COMMISSION
BIKEWAYS and TRAILS ADVISORY
Reappointed — 3
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
COMMITTEE
years
711/07— 6/30/10
Howard "Ned"
Kuhns
Reese F. Lukei, Jr.
BLUE RIBBON TAX, FEE, AND
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
SPENDING TASK FORCE
F VIRGINIA BEACH
HAMPTON ROADS PLANNING
Reappointed — 2
10-0
Y
Y
Y
Y
Y
Y
A
Y OF COUNCIL ACTIONS
Y
Y
Y
DISTRICT COMMISSION — HRPD
years
V
7/1/07 — 6/30/09
O
I
, 2007
FFAGENDA
Robert M. "Bob"
M
B
L
D
C
E
Dyer
L
E
D
H
C
R
A W
S
1
E
J
L
N
U
N I
T
E
D
N
0
A
D
H
U L
W
E
Z
Y
L
N
N
O
R
E S
O
SUBJECT MOTION VOTE
p
E
E
E
E
A
R
I
VO
O
H
L
R
Y
S
N
F
N
A N
D
HAMPTON ROADS PLANNING
Reappointed — 2
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
DISTRICT COMMISSION — HRPD
years
7/1/07 — 6/30/09
Robert M. "Bob"
Dyer
Barbara M. Henley
James K Spore
OPEN SPACE ADVISORY COMMITTEE
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
PARKS AND RECREATION
Appointed — 2 years
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
COMMISSION
9/1/07-8/31/09
Andrew Russo
Junior Student
Kempsville High
School
PUBLIC LIBRARY BOARD
Appointed — 2 years
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
9/1/07 — 8/31/09
Kintellshia Hopkins
Junior Student
Bayside High School
SOCIAL SERVICES BOARD
Reappointed — 4
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
years
711/07-6/30/11
Dr. Susan D. Moore
TIDEWATER COMMUNITY COLLEGE
Reappointed — 4
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
BOARD
years
7/l/07-6/30/11
Henry P.
Lin infelter
MIN-
NEW BUSINESS
1
City Council Summer Schedule
APPROVED
10-0
Y
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
0
ADJOURNMENT
6:35 PM
PUBLIC COMMENTS — Non Agenda
1 speaker
Items
Adjourned: 6:41 PM
The Clean Community Commission, which
was organized 19 years ago, met Saturday,
June 2, 2007, for 3 hours. 2,228 citizens
participated with 35% from the Military and
representatives from 13 Civic Leagues and
Condo Associations. 144 miles were cleaned
with 61,334 pounds of debris collected.
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
DATE: lune 5, 2007
O
I
M
B
L
D
C
E
L
PAGE: 4
E
D
H
C
R
A
W
S
I
E
J
L
N
U
N
I
AGENDA
T
E
D
N
O
A
D
H
U
L
W
ITEM # SUBJECT MOTION VOTE
E
Z
Y
L
N
N
O
R
E
S
O
P
E
E
E
E
A
R
1
V
O
O
H
L
R
Y
S
N
F
N
A
N
D
CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined
Tuesday, June 19
Tuesday, September 18
Tuesday, November 20