HomeMy WebLinkAboutAUGUST 14, 2007 AGENDACITY COUNCIL
MA yoR mEyERA E OBE&VDORF. At -Large
VICE MAYOR LOUIS R. JONES, Bayside- District 4
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville -District 2
ROBERTM. DYER,, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. MCCLAXAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RONA. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITYATTORNEY- LESLIEL. LILLEY
CITY CLERK - RUTH HODGES FRASER, MWC 14 AUGUST 2007
1. CITY MANAGER'S BRIEFINGS - Conference Room -
A. TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENTfor
Gwen Cowart, Director — Department of Communication and Ink
B. WORKFORCE HOUSING
Andrew Friedman, Director — Department of Housing and N
William Macali, Deputy City Attorney
C. 2008 COMMUNITY LEGISLATIVE AGENDA
Robert Matthias, Assistant to the City Manager
CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
BEACH, VIRGINIA 2M6-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
1:00 PM
G
i Technology
Preservation
V. INFORMAL SESSION - Conference Room - 4:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Michael "Ron" Sorrell
Grace Covenant Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1. KING NEPTUNE XXXIV and HIS COURT
Nancy A. Creech -President, Neptune Festival
July 17, 2007
1. PUBLIC COMMENT
I HEALTH CARE BENEFIT EXECUTIVE COMMITTEE RECOMMENDATIONS FOR
PLAN YEAR 2008
James K. Spore, City Manager
J. CONSENT AGENDA
K. RESOLUTION/ORDINANCES
Resolution ACCEPTING the Articles of Incorporation of the H
ton Roads H20
(Help to Others) Program as a 501(c)(3) nonprofit corporation and
APPOINT Thomas
M. Leahy, III, as aDirector.
2. Ordinance to AUTHORIZE execution of a one-year lease with Ti
ewater Regional
Group Home Commission (TRGHC) of City -owned land at 2293
Lynnhaven Parkway
DISTRICT I — CENTERVILLE
3. Ordinance to AUTHORIZE acquisition of 7.317 acres of land at
e northeast comer of
the intersection of Great Neck Road and Wolfsnare Road for $300,DOO
from GOPA SIX,
L.L.C. re the Open Space program.
4. Ordinance to AUTHORIZE a refund of $40,000 to the Christian Broadcasting
Network,
Inc. (CBN) for a payment erroneously made to the City re a right-of-way
vacation.
5. Ordinance to APPROPRIATE $1,450,000 from the Risk Manage ent Internal Service
Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City
Manager to execute all necessary agreements for closure of the SPSA composting
operation at the Virginia Beach landfill.
PLANNING
Application of JOSEPH and FAYE MATYIKO for the expansion of a Nonconforming
Use at 3257 Shady Pines Lane to construct an addition to an existing duplex.
DISTRICT 7 — PRINCESS ANNE.
RECOMMENDATION DEFERTO GUST28,2007
2. Application of BARNETT K. THOUROGOOD for the expansion of aYonconLorming
Use at 121 Butts Lane to make needed improvements to an existirg structure and adding
two storage units.
DISTRICT 6 — BEACH
RECOMMENDATION � APPROVAL
Variance to §4.4(b) of the Subdivision Ordinance that requires newly created lots meet all
the requirements of the City Zoning Ordinance (CZO) in regard to certain elements of the
Subdivision Ordinance, Subdivision for PYONG TU CHO, at 12,12 North Inlyrinview
Road to subdivide the existing lot into two lots and develop the new lot with a single
family dwelling. (deferred by City Council on January 9, 2007)
DISTRICT 5 — LYNNHAVEN.
RECOMMENDATION � DENIAL
4. Application of BELIEVER'S HOUSE WORLD WIDE MINISTRIES for a
Conditional Use Permit re a church and child care education center (private school) at
544 Newtown Road, Suite 136.
DISTRICT 4 — BAYSIDE
RECOMMENDATION
APPROVAL
5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional
Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach
Boulevard (referred back to the Planning Commission on April 24, 2007).
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
6. Application of HENRY C. SCOTT for a Conditional Use Permit re a recreational
facility of an outdoor nature (skateboard ramp) at 2425 Melstone Court
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
7. Application of RICHARD F. ROBERTSON for a Change ofZoning District
Classification from B-2 Community Business District to R-20 Residential District at
5536 and 5544 Parliament Drive to make the zoning of the properties consistent with
the existing residential use.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
0 a a 0".3 1
8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change
ofZoning District Classification from R-51) Residential District to Conditional B-2
Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2
zoning to combine the rear portions of the property with the adjacent parcel to the west
fronting on First Colonial Road.
DISTRICT 6 — BEACH
RECOMMENDATION DEFER TO SEPTEMBER 11, 2007
9. Application of AGC ACQUISITION, L.L.C. for a Change ofZoning District
Classification from AG -2 Agricultural District to Conditional B-4 Mixed Use District at
1291 Nimmo Parkway to develop a strip retail center and multi -family dwellings
(indefinitely deferred by City Council on July 10, 2007).
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION INDEFINITE DEFERRAL
M.
N
N
r.,
10. Application of SOUTH HAMPTON ROADS HABITAT FOR I
a Chanze of Zoninjz District Classification from R-7.5 Residential
Conditional A-12 Apartment District on the east side of Zurich A
the construction of a ten (10) unit residential condominium.
DISTRICT 3 — ROSE HALL
RECOMMENDATION
, INC. for
to
south of 1-264 re
DEFERRAL
11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for Modification of
Conditions placed upon a change in a Nonconforming Use (approved by City Council on
March 12, 199 1) at 3 800 Pacific Avenue for a request to allow three of the outdoor
tennis courts to be enclosed with an air -supported structure on a seasonal basis
December I through March 31.
DISTRICT 6 — BEACH
RECOMMENDATION
APPROVAL
12. An Ordinance to AMEND Section 200 of the City Zoning Ordin ce (CZO)
establishing minimum setbacks from certain bodies of water forsingle family and
duplex dwellings.
RECOMMENDATION � APPROVAL
APPOINTMENTS
COMMUNITY MEDICAL ADVISORY COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATI
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
PUBLIC COMMENTS
Non -Agenda Items
CITY COUNCIL SCHEDULE
August 21 Briefings, Informal, Formal
August 28 Briefings, Informal, Formal, including Planning items
CITYWIDE TOWN MEETINGS
October 16,2007
Location to be Announced - 7:15 pm
FY2008-2010 Budget
January 15, 2008
Location to be Announced — 7:15 pm
Stormwater Plans and Funding
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 8/14/07gw
www.vbgov.com
11
CITY MANAGER'S BRIEFINGS - Conference Room -
A. TELECOMMUNICATIONS FACILITIES LICENSE AGREEMENTfor
Gwen Cowart, Director — Department of Communication and Ink
B. WORKFORCE HOUSING
Andrew Friedman, Director — Department of Housing and
William Macali, Deputy City Attorney
C. 2008 COMMUNITY LEGISLATIVE AGENDA
Robert Matthias, Assistant to the City Manager
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
1:00 PM
G
i Technology
Preservation
V. INFORMAL SESSION - Conference Room - 4:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
ROLL CALL
DATE: August 14,2007 PRESENT PRESENT
PRESENT
BERNI MAYOR MEYERA E.
rOBERNDORF,
FDeSTEPH, WILLIAM R. "Bill"
I
DIEZEL, HARRY E.
DYER, ROBERT M. "Bob"
HENLEY, BARBARA M.
JONES, VICE MAYOR LOUIS R.
McCLANAN, REBA S.
UHRIN, JOHN E.
VILLANUEVA, RON A.
WILSON, ROSEMARY
WOOD, JAMES L.
VI. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Michael "Ron" Sorrell
Grace Covenant Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED ST�TES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. AGENDA FOR FORMAL SESSION
July 17, 2007
46
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
i
as were identified in the motion convening this Closed Session were heard, discussed or
I
considered by Virginia Beach City Council.
H. MAYOR'S PRESENTATION
1. KING NEPTUNE XXXIV and HIS COURT
Nancy A. Creech -President, Neptune Festival
PUBLIC COMMENT
HEALTH CARE BENEFIT EXECUTIVE COMMITTEE REC04MENDATIONS FOR
PLAN YEAR 2008
Jarnes K. Spore, City Manager
J. CONSENT AGENDA
K. RESOLUTION/ORDINANCES
Resolution ACCEPTING the Articles of Incorporation of the Hampton Roads H20
(Help to Others) Program as a 501(c)(3) nonprofit corporation and APPOINT Thomas
M. Leahy, III, as a Director.
2. Ordinance to AUTHORIZE execution of a one-year lease with Ti�lewater Regional
Group Home Commission (TRGHC) of City -owned land at 2293 Lynnhaven Parkway
DISTRICT I — CENTERVILLE
3. Ordinance to AUTHORIZE acquisition of 7.317 acres of land at the northeast comer of
the intersection of Great Neck Road and Wolfsnare Road for $300,000 from GOPA SIX,
L.L.C. re the Open Space program.
4. Ordinance to AUTHORIZE a refimd of $40,000 to the Christian roadcasting Network,
Inc. (CBN) for a payment erroneously made to the City re a right- f -way vacation.
5. Ordinance to APPROPRIATE $1,450,000 from the Risk Management Internal Service
Fund to pay SPSA for non-recoverable improvement costs and AUTHORIZE the City
Manager to execute all necessary agreements for closure of the SPSA composting
operation at the Virginia Beach landfill.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Approving the Articles of Incorporation of the Hampton Roads H20
(Help to Others) Program as a 501 (c) (3) Nonprofit Corporation and Appointing
Thomas M. Leahy, III a Director Thereof
MEETING DATE: August 14, 2007 1
9 Background: The Hampton Roads H20 (Help To Others) Progra is a program
similar to Dominion Power's Energy Share, in that voluntary contributions are used to
assist certain customers who are struggling to pay delinquent water and sanitary sewer
bills. The program was initially approved by the HRPDC and the member localities in
1998. At its Quarterly Commission Meeting on January 17, 2007, the H, mpton Roads
Planning District Commission accepted the recommendation of the Direc ors of Utilities
Committee to incorporate the Program as a 501 (c)(3) nonprofit corporatio
0 Considerations: Although the program has been successful, the Directors of
Utilities Committee believe that donations would be increased and that, the Program
would be able to assist more citizens if it were incorporated as a nonprofit prporation and
donations were tax deductible. The Articles of Incorporation and Bylaws provide for
membership by the fourteen member localities and the Towns of Smithfiel and Windsor
that have been participating in the program. They can be amended if a nonparticipating
locality elects to join at a later date. The Hampton Roads Sanitation District, as the
administrative agent, would also be a member.
The Articles of Incorporation are structured so that the Director of Utilities or
equivalent from each of the localities and the General Manager of HRSD will serve as the
Directors of the Corporation. The Resolution names Thomas M. Leahy, 11 1 as a director.
0 Public Information: This agenda item was advertised as part of the normal
agenda process.
0 Alternatives: If the City does not approve the Articles of Incorpo
have to withdraw as a participating jurisdiction, or the incorporation could
without the assent of all of the members.
0 Recommendations: Approve the Articles of Incorporation.
0 Attachments: Resolution, Summary of Material Terms of P
Incorporation and Program Summary
Recommended Action: Adoption of resolution
Submitting Department/Agency: Public Utilities
City Managc� [4, , N 012-
,ation, it would
not go forward
Articles of
1 A RESOLUTION APPROVING THE ARTICLES OF
2 INCORPORATION OF THE HAMPTON ROADS H20
3 (HELP TO OTHERS) PROGRAM AS A 501 (c) (3)
4 NONPROFIT CORPORATION AND APPOINTING
5 THOMAS M. LEAHY, III A DIRECTOR THEREOF
6
7
8 WHEREAS, the Hampton Roads H20 (Help to Others) Program (the "Program")
9 was established as a pilot program through the Hampton Roads Planning District
10 Commission in 1997; and
11
12 WHEREAS, the City of Virginia Beach has participated in the Program since its
13 inception; and
14
15 WHEREAS, the Program provides financial assistance to families in danger of
16 losing water or sewer service due to an inability to pay their bill because of a family
17 crisis, such as a death, illness or loss of employment; and
18
19 WHEREAS, funding to support the financial assistance furnished through the
20 Program is provided by voluntary donations from citizens throughout the Hampton
21 Roads Region; and
22
23 WHEREAS, it is likely that donations to the Program would increase 'if the
24 donations were tax deductible, allowing for increased assistance to Hampton Roads
25 residents-, and
26
27 WHEREAS, donations to the program are used entirely to provide assistance to
28 residents and are not used for program administration; and
29
30 WHEREAS, all program administration costs are borne by the participating local
31 government utilities, Hampton Roads Sanitation District and social services providers-,
32 and
33
34 WHEREAS, incorporation of the Program as a 501(c)(3) nonprofit corporation is
35 necessary to ensure that donations to the program are tax deductible-, and
36
37 WHEREAS, the Hampton Roads Planning District Commission ("HRPDC") has
38 accepted the recommendation of its Directors of Utilities Committee to incorporate the
39 Program as a 501 (c)(3) nonprofit corporation
40
41 WHEREAS, the City Council commends the efforts of the Program and desires
42 that it continue to provide the valuable service it offers; and
43
44 WHEREAS, each member of the proposed nonprofit corporatior� is entitled to
45 appoint one director to the Board of Directors;
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48
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach hereby approves the proposed Articles of
Incorporation of the Hampton Roads H20 (Help to Others) Program as a 501 (c) (3)
nonprofit corporation. A summary of such Articles is attached hereto and a copy is on
file in the City Clerk's Office.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:, and
That Thomas M. Leahy, III is hereby appointed a director of the Program.
Adopted by the City Council of the City of Virginia Beach on the day
of 2007.
APPROVED AS TO CONTENT
Department of Public Utilities
CA1 0463
R-1
July 26, 2007
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
2
Hampton Roads H20 (Help to Others) Program
Articles of Incorporation
Summary of Material Terms
Background:
Hampton Roads H20 (Help to Others) desires to incorporate as a
(c) (3) corporation in order to allow contributions to be tax deducti
Members:
profit 501
Members consist of Hampton Roads Sanitation District and sixtee (16) localities
in Hampton Roads, including all South Hampton Roads localities. I
Purposes and Powers:
501 (3) (3) nonprofit corporation organized exclusively for charitabi educational,
literary and scientific purposes.
Subject to limitations on activities of 501 (c) (3) corporations see� "Limitation on
Powers" below), the Corporation has the power to conduct all la ul affairs not
required to be stated specifically in the Articles of Incorporation.
Directors:
Total of seventeen (17) directors (one director to be appointed by achmember),
unless number of directors is changed in by-laws.
Directors serve 5 -year terms and may serve successive terms without limitation.
Members'Powers:
Except for appointing directors, members may not vote on any m
Limitation on Powers:
Organized exclusively for charitable, educational, literary and scientific
purposes.
None of net earnings are payable to directors, officers or other p�ivate persons,
except that it may pay reasonable compensation for services rendqred.
No substantial part of corporation's activities may include lobbying, except to the
extent permitted for 5-1 (c) (3) corporations by Internal Revenue Code,
participating in political campaigns or any other activity not permitted to be
carried on by any corporation exempt from federal income tax under Section 501
(c) (3) of Internal Revenue Code.
Dissolution:
If corporation is dissolved, assets to be distributed to such other 501 (3) (3)
corporation as Board of Directors may determine.
2
H20 PROGRAM SUMMARY
Program History
1999: HRPDC Approves establishment of Program, which is joined by fourteen cities
and counties, two towns and HRSD.
1999-2005: Program active with semiannual fundraising campaigns
Total funds disbursed - $205,000; Families aided — 1,400
H20 Program Purpose
To provide one time per year financial aid to families or individuals in danger of losing
residential water service due to a non-payment of a water bill due to a family crisis. The
delinquent water bill can be from HRSD and/or local public utilities.
Utility Eligibility
The water utility must agree to:
• Pool all donations into one regional fund that is allocated based on an approved
formula.
• Participate in a regionally coordinated fundraising program.
Individual/Family Eligibility
• Eligible once per year.
• Live in service area of a participating utility.
• Must be in danger of losing residential water service.
• Must demonstrate personal or family crisis.
• Must be willing to participate in an educational program.
• Must provide partial payment of bill if financially able.
Donations 1 oth
0 Regional fundraising effort occurs twice a year. (Ending February and August 1 Oth)
0 Donations are solicited through water bill advertisements.
0 100% of donations are applied to program.
* At present, the program is not tax exempt.
Administration
• Cooperative effort among the water utilities, HRSD, and social SErvice providers.
The water utilities are responsible for identifying the social service provider.
• HRPDC is the coordinating agency.
• Administrative costs are paid for by the water utilities, HRSD and HR:IDC.
• Social service providers determine the individual's/family's eligibility.
• A voucher is sent by the social service provider to the water utility an J HRSD.
• HRSD distributes funds from the regional pool to HRSD and the w� iter utility based
on the voucher.
Regional Advisory Committee
• The Committee is comprised of representatives from across the Hampton Roads
region, who were appointed by the HRPDC Chairman based on local nominations.
• The purpose is to evaluate the program and to make recommendations as
appropriate.
• Met at least biannually from 1999-2005.
-36 -
Item V. J. 6.
RESOLUTIONSIORDINANCES ITEM #56651
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of August 14, 2007.,
Ordinance to AUTHORIZE the City Manager to execute a lease of City -
owned property at 2293 Lynnhaven Parkwayfor the term of one (1) year
with Tidewater Regional Group Home Commission (TRGHQ, to be
used as residential housingfor juvenile offenders through a transitional
livingprogram.
Voting: 10- 0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
William P, "Bill" DeSteph
July 17, 2007
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for )ne year with
Tidewater Regional Group Home Commission, a public body corporate established
pursuant to Virginia Code §16.1-315 et seq., for 4,080 square feet of Cit( -owned land
located at 2293 Lynnhaven Parkway in the City of Virginia Beach
MEETING DATE: August 14, 2007
0 Background: Tidewater Regional Group Home Commission, a public
body
corporate established pursuant to Virginia Code §16.1-315 et seq. ("TRGHC")
would
like to lease 4,080 square feet of property from the City of Virginia Beach (the
"City")
located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Pro
erty").
TRGHC would use the Property for a transitional living program providing residential
housing for juvenile offenders. TRGHC (and its predecessors) has been leasing
this
property from the City for approximately 30 years.
This item was deferred by City Council on July 10, 2007 and July 17, 2007
E Considerations: This lease would befor a term of one (1) year, aid
the City
has a thirty -day (30) termination option. The terms and conditions governi
g the
behavior of the residents of the Property are set forth in the Lease itself and
Memoranda of Understanding between TRGHC and the City and TRGHC
and the City
of Virginia Beach Police Department
• Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
• Alternatives: Approve terms of the Lease Agreement as presented,
after
terms of the proposed Lease Agreement or deny leasing of subject premises.
N Recommendations: Approval
E Attachments: Ordinance
Summary of Terms
Lease Agreement
Location map
Recommended Action: Approval
Submitting Department/Agenc - Management Servi s / Facilities Management Office
City Manager: ��r ,
1
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE FOR ONE YEAR WITH
TIDEWATER REGIONAL GROUP HOME
COMMISSION, FOR 4,080 SQUARE FEET OF CITY -
OWNED LAND LOCATED AT 2293 LYNNHAVEN
PARKWAY IN THE CITY OF VIRGINIA BEACH
WHEREAS, the City of Virginia Beach (the "City") is the owr
parcel of land located at 2293 Lynnhaven Parkway in the City of Vi
"Property"). The City desires to lease 4,080 square feet of the Pro
on Exhibits A and B (the "Premises");
WHEREAS, Tidewater Regional Group Home Commission,
corporate established pursuant to Virginia Code §16.1-315, et seq.,
agreed to lease the Premises from the City for one year with ar
payment of One Dollar ($1.00).
WHEREAS, TRGHC has leased the Premises from the City for
30 years;
of that certain
iia Beach (the
tv as set forth
a public body
'TRGHC") has
annuallease
approximately
WHEREAS, the Premises will be utilized as a transitional �living program
house providing residential housing for juvenile offenders and for no o�ther purpose.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF� THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a leas(
one (1) year, between Tidewater Regional Group Home Commissior
corporate established pursuant to Virginia Code §16.1-315, et seq.,
the City, for the Premises in accordance with the Summary of Terms
and such other terms, conditions or modifications as may be satisfa(
Manager and the City Attorney.
for the term of
a public body
"TRGHC") and
ittached hereto
tory to the City
35 Adopted by the Council of the City of Virginia Beach, Virginia on the
36 day of 12007
CA1 0314
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June 28, 2007
APPROVED AS TOLE L
SUFFICIENCY M 0 A
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City Attorney
APPROVED AS TO CONTENT
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Departm'ent
EXHIBIT A
The Premises are apart of the property identified as GPIN: 1475-35-2438 and: generally
known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area
on the map on Exhibit B and extend from the access road on the east to the tree line on
the west and from the fence on the north to Lynnhaven Parkway on the south.
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SUMMARY OF TERMS
LEASE FOR THE USE OF 4,080 SQUARE FEET OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Tidewater Regional Group Home Commission
PREMISES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven
Parkway in the City of Virginia Beach'
TERM: July 1, 2007 through June 30, 2008
RENT: Rent shall be one dollar ($1.00).
RIGHTS AND RESPONSEBILITIES OF
TIDEWATER REGIONAL GROUP HOME COMMISSION:
Will use the Premises for a transitional living program providing residential housing
for juvenile offenders and for no other purposes.
Will comply with all terms, conditions and reporting requirements regarding the behavior
of the residents set forth in the Lease and Memoranda of Understanding between TRGHC
and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police
Department, attached as Exhibit 2.
Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease, including Virginia Beach Code Section 23-59.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
Will have access to the Premises at any time, without prior notice, in the
emergency.
of an
Will have the right to require Tidewater Regional Group Home Commission surrender
possession and control of the Premises to the City upon forty-eight (48) hours notice in
the discharge of its powers, purposes, or responsibilities.
0 Will have the right to grant easements and rights of way across, in, under anq through the
Premises for streets, alleys, public highways, drainage, and other similar pur�oses.
TERMINATION: The City may terminate the Lease anytime prior to June 30, F008 upon
providing thirty (30) days written notice to Tidewater Regional Group Home Commilssion.
V:\applications\citylawprod\cycom32\Wpdocs\DO27\PO02\00036112.DOC
MEMORANDUM OF UNDERSTANDING
Between the City of Virginia Beach and
Tidewater Regional Group Home Commission
August 1, 2007
The intent of this memorandum is to establish guidelines which will enhance the
level of communication between the City of Virginia Beach ("City") and the Tidewater
Regional Group Home Commission ("TRGHC"). TRGHC operates residential
programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living
Program) and 811 13th St. (Crisis Intervention Home).
TRGHC will report the following information to the City Manager's Office:
Any serious incidents involving active program clients committing crimes against
citizens or property and/or any incidents that have the potential for media
coverage.
2. Any plans to change the mission of a program, to close a program or to change
the target population to be served.
Any sanctions by regulatory authorities.
4. Any child protective services reports against staff of the facilities.
injury or death of a program resident.
6. Any legal action taken against the program or TRGHC.
7. Any major disputes between TRGHC facilities and the adjoining neighbors or
neighborhood associations.
8. Damage to the buildings or property caused by fire, flood, vandalism, natural or
man-made disasters.
The City will inform TRGHC of the following:
Potential changes in city property uses that may impact a TRGHC program.
2. Budgetary and/or funding decisions which will change local government's level
of support for juvenile justice services.
3. Economic development initiatives which will change the
environments in which TRGHC operates.
The above examples are not intended to be all inclusive but cover maj
needing direct communication. It is agreed that the City's Chief of Staff and
Executive Director of TRGHC will hold a face to face meeting at least annua
areas of mutual interest and to address any pending issues.
YI-7 1z) 7
Linda& Filippi Date
Executive Director, TRGHC
Z6",j �t" 9-0-0 �? -
Susan D. Walston Date
Chief of Staff, City of Virginia Beach
areas
to review
Memorandum of Understanding between the Virginia Beach Police
Department (VBDP) and Transitional Living Program (TILP), a program
operated by the Tidewater Regional Group Home Commission (TRGHC)
Augustl,2007
This Memorandum of Understanding will provide protocols for communication
and collaboration between the Transitional Living Program JLP) and the Virginia
Beach Police Department (VBPD) to maximize community safety.
TLP will evaluate their current selection process to ensure enhanced screening
of applicants. This will include additional layers of review of applicants by
TRGHC Deputy Director and/or Executive Director for referrals involving felony
crimes against persons (i.e. malicious wounding).
Effective March 16, 2006, all new admissions into the TLP will be placed on
electronic monitoring using real-time GPS tracking for a minimum of the first 30
days. Release from the monitoring will be contingent on the youth making a
satisfactory adjustment with no major program rule violations.
Monitoring will include the exclusion of youths from those areas with high crime
patterns and gang activity. Residential areas surrounding the Transitional Living
Program will also be included in the exclusion zones.
Records of the GPS monitoring are available indefinitely for subsequent review
should the whereabouts of any of the residents need to be ascertained during
monitoring or after it has been discontinued.
TLP will continue to use metal detector wands to check for weapons on both the
youth and their rooms
TLP has increased the use of vehicle transportation for youths going to jobs,
school, etc. to reduce foot traffic by program residents in the neighborhood
The VBPD will inform TLP of potential problem areas, crime trends, and gang
activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to
identify potential problem areas. TLP will then restrict youths from these areas.
TLP will monitor video surveillance cameras around the TLP and provide logs of
activity to VBPD when requested.
TLP will notify VBPD of youths who are AWOL or have generated GPS alerts
The VBPD 4 th Precinct will visit TLP every 2-3 weeks without advance notice to
interact with youth and "humanize" the police. Also provides opportunity for PD to
become familiar with youths. In addition, an officer of the VBPD 4 th Precinct will
communicate with the program's administration on a bi-weekly basis
on the current population.
updates
TLP will notify VBPD, 4 th Precinct of all new admission and those who xit from
the program
A representative from the Transitional Living Program will attend VBPO 4 th
Precinct CAC meetings to observe and listen to citizen concerns in the � Precinct
TLP and VBPD will exchange information on any suspicious behavior
youths within the confines of current privacy legislation.
Linda S. Fflippi, TR41C Executive Director Date
Jr,
poki-4 ,
4A.. %Jas, Chief %�Iblice Date'
ng
THIS LEASE AGREEMENT is made this I st day of jul
y _, 2007
between the CITY OF VIRGINIA BEACH, a municipal Corporation of the Commonwealth of
Virginia, ("Landlord"), and the TIDEWATER REGIONAL GROUP HOME COMMISSION, a
regional public youth service agen���, ("Tenant'), and provides:
WITNESSETH
LEASED PREMISES. That for and in consideration of the rents, covenants and
agreements hereinafter reserved and contained on the part of the Tenant to be observed and
performed, Landlord leases to Tenant and Tenant from Landlord the following property located
at 2293 Lynnhaven Parkway, Virginia Beach, Virginia, 23456, including the building located
thereon (the "Building") hereinafter referred to as the "Property" or "Premises", as further
described on Exhibit A, attached hereto and incorporated herein.
2. RENT. The rent shall be ONE DOLLAR ($1.00) per year for the term of this
Lease and shall be payable on July 1, 2007.
3. TERM. The term of this Lease shall be for one year from July 1, 2007 until June
30,2008.
4. LANDLORD'S RIGHT TO TERMINATE. Landlord shall have the right to
terminate this Lease at any time and for any reason whatsoever before the end of the term
set forth above. Such termination shall be accomplished by delivering written notice to
Tenant at the address set forth in paragraph 26, below and shall be effective thirty (30)
days from the date of delivery of that notice.
5. PROGRAM REPORTS. Tenant shall provide, in writing, information on the
program being conducted at the Premises. Items specifically to be incorporated in this document
include demographics of the participants (ages, home cities, etc.), graduates of the program, and
summary of incidents for the current term. Additional in -formation may be desired by the
Landlord. This information is to be completed and delivered to Landlord bi-monthly. Tenant
may it their discretion provide additional reports as Tenant may deem appropriate.
6. PERMITTED USE. The Premises are to be used for a Transitional Living
I
Program conducted by Tidewater Regional Group Home Commission and for no I ther business
or purpose without the prior written consent of Landlord. Any changes in the programs or
activities offered at this site would require an addendum to this agreement. In connection with
its use and occupancy of the Premises, Tenant shall not:
A. Install, use, operate or maintain any machinery or equipment or permit any
other activity or conduct within the Premises which (i) produces any discernible vibration
or a noise level within any part of the building or outside the Premises which causes
interference with the surrounding areas as determined by Landlord, or (ii) overload the
floors or any other structural portions of the Premises or the building as determined by
Landlord; or
B. Use any part of the roof of the building for any purpose; or
C. Do, or suffer to be done, in or about the Premises any act or thing that may
cause waste or create a nuisance, annoyance or inconvenience to Landlord or the Property
or that otherwise damages Landlord; or than small quantities of such substances (not
designated "acutely hazardous" or "extremely hazardous" by the United States
Environmental Protection Agency) incidental to the maintenance of the Premises and
Tenant's equipment and machinery thereon which are appropriately contain -.d, stored and
utilized in accordance with all governmental requirements. Tenant shall not bum or
otherwise treat or dispose of trash or other substances on or around the Premises; or
2
D. Permit the Premises to be used for any purpose that would render void or
cause cancellation of any insurance maintained on the Premises by Landlord, or cause an
increase in the premiums for such insurance.
7. ATTACHMENTS. The following documents are attached hereto and such
documents, as well as all drawings and documents prepared pursuant thereto, shall be
incorporated herein by reference. Any breach of the agreements or covenants contained in
Exhibits B or C shall be considered a breach or default under this Lease.
A. Exhibit A — Floor plan of the Building, showing Premises outlined
thereon.
B. Exhibit B — Memorandum of Understanding between Tidewater Regional
Group Home Commission and the City of Virginia Beach Police Department.
C. Exhibit C — Memorandum of Understanding between Tidewater Regional
Group Home Commission and the City of Virginia Beach.
8. COMPLIANCE WITH LAWS. Tenant, at its sole expense, covenants and
agrees to abide by, observe and comply with all present and future laws, ordinances and
regulations applicable to its use and occupancy of the Premises and with any covenants and
restrictions to which the Property is now or may hereafter be made subject, and shall make any
repairs, modifications or additions to the Premises as may be required by any of those laws,
ordinances, regulations, covenants or restrictions or any changes therein. Tenant agrees to
indemnify and hold Landlord harmless from any claims, damages, losses or liabilities and any
incidental expenses (including, without limitation, attorneys' fees) that may be assessed against
or incurred by Landlord in connection with Tenant's actual or alleged noncompliance with any
such law, ordinance, regulation, covenant or restriction.
3
9. INSURANCE. Public Liabilily Insurance. Tenant shall procure
public liability insurance for the Premises with policy limits of not less than $1
combined single limits per occurrence, and issued by an insurance company
Landlord. The policy shall contain an agreement by the insurer that it will not
except after thirty (30) days' prior written notice to Landlord and Tenant. If the
insured they shall provide a letter to that effect.
9.1 Certificates. At the commencement of the term of this Lease, T
deliver to Landlord a certificate of the insurance required to be
Tenant under Section 9. 1. Tenant shall also deliver to Landlord at
(15) days prior to the expiration date of any such policy (or of any
policy), certificates for the renewal of such insurance.
10. WAIVER OF SUBROGATION. Landlord and Tenant agree
themselves and all others claiming under them, including any insurer, to waive all
each other, including all rights of subrogation, for loss or damage to their
arising from fire and any of the other perils normally insured against in an
insurance policy, including vandalism and malicious mischief endorsements. If ei
d maintain
,000
a.ble to
el the policy
aant is self -
ant shall
Lained by
ast fifteen
behalf of
-laims against
property
coverage
'ier party so
requests, the other party shall obtain from its insurer a written waiver of all rights Of subrogation
that it may have against the other party.
11. INDEMNIFICATION. Except to the extent liability has been
waived under Paragraph 10, Tenant unconditionally agrees to indemnify and save
Landlord, its officers, directors, employees, volunteers, successors and assigns, ag*nst any and
all claims, liabilities, damages, or losses, and any attorneys' fees and other incidental expenses,
resulting from injury or death of any person or damage to property occurring on or labout the
Premises or arising in conjunction with the use and occupancy of the Premises by Jenant or
4
others claiming under Tenant, unless the death, injury or damage was sustained as a result of any
gross negligence or willful misconduct of Landlord. Tenant's indemnity includes, but is not
limited to, any claims, liabilities, damages, losses or expenses resulting from the release of
hazardous substances, hazardous wastes or petroleum products on, about or from the Premises or
other violations of applicable environmental laws occurring during the term of this Lease.
12. LANDLORD/TENANT SERVICES; MAINTENANCE.
12.1 Landlord's Rgpairs. Landlord at its expense, shall (a) (i) perform all
necessary replacements and extraordinary repairs of the roof and all structural elements
of the Building, including structural walls, floors and foundations, (ii) make all necessary
replacements and extraordinary repairs to the exterior of the Building, , and (iii) make all
necessary replacements and extraordinary repairs to any common utility lines, pipes,
conduits, equipments and systems that serve more than one tenant of the Building, and
(b) lawn care including landscape maintenance (trees, shrubs, fertilization of lawn, etc.);
Landlord's obligations are subject to ordinary wear and tear. Further, Landlord shall be
entitled to full reimbursement to the extent Tenant is responsible for any damage to the
Premises or the Building pursuant to Section 12.2.
12.2 Tenant's Repairs. The Tenant at its expense shall repair, replace or
restore all damage to the Premises or the Building caused by the willful or negligent acts
or omissions of Tenant or its agents, contractors, employees or invitees, or by a breach by
Tenant of its obligations under this Lease, except to the extent liability is waived under
Paragraph 10. Tenant will also be responsible for the maintenance, repair, and
replacement (if necessary) of all interior areas and equipment. This includes HVAC
system, interior plumbing systems, interior electrical systems, appliances, hot water
heaters, carpets, painting, etc.
5
13. AILTERATIONS. Tenant shall make no modifications,
improvements to the Premises without Landlord's prior written approval. In
shall not drill holes or hammer nails in, or attach in any manner any of its
property to, any structural member of the Premises or the Building, including the
floor, without Landlord's prior written approval. Any approved modifications,
improvements shall be performed only by Landlord or by a contractor satisfactory
its sole discretion. Upon the termination of this Lease, any modification,
improvements shall become the property of Landlord, or of Landlord requests, the
removed, without damage to the Premises, and Tenant shall restore the Premises
original condition as possible, except for normal wear and tear since the last
replacement required by this Lease.
ris or
cm, Tenant
it or other
alls, roof and
rations or
o Landlord in
or
;ame shall be
as near its
14. DAMAGE AND DESTRUCTION. If during the term of this Leas� the Premises
are so damaged by fire or other casualty as to be rendered untenantable in whole o� in substantial
part, then Landlord may elect to terminate this Lease effective as of the date of suc4 casualty. In
addition, if the Building is destroyed in whole or in substantial part by casualty (rejardless of the
extent of the damage to the Premises), or such damage occurs during the last year Of the term of
this Lease, Landlord may elect to terminate this Lease effective as of the date of su�h casualty.
These elections by Landlord shall be made within 90 days after the occurrence of tl�ie casualty, or
shall be deemed waived. If this Lease is not so terminated, either because the
render the Premises untenantable,, either in whole or in substantial part or because
not elect to terminate this Lease pursuant to the preceding provisions, then, subject
Delay" as defined below, Landlord shall use reasonable diligence to commence
restoration, and shall thereafter diligently continue the same so as to repair and
Premises to substantially their original condition (notwithstanding any alterations
rei
ge does not
,andlord does
to "Excusable
repair or
)re the
improvements made by Tenant). The rent shall be abated in proportion to the untenantable space
until the Premises are restored. For purposes of this Paragraph 14 and Paragraph 15, a
"substantial part" shall be deemed to mean more than fifty percent (50%) of the usable floor area
of the Premises or the Building, as the case may be. The term "Excusable Delay" shall mean any
one or more of the following: labor disputes, fire or other casualty, unusual delay in
transportation, adverse weather conditions, unavailability of labor, materials and equipment, and
any other causes beyond Landlord's reasonable control. Tenant at its own expense shall
promptly replace and/or restore to their prior condition any alterations or the leasehold
improvements made in the Premises by Tenant. All insurance proceeds arising from such
damage or destruction shall be made available to Landlord.
15. CONDEMNATION. If during the Lease term all or any substantial part
of the Premises, the Building or the Property is taken by eminent domain or sold under threat of
taking by eminent domain, Landlord shall have the right to terminate this Lease by so notifying
Tenant within 90 days after notice of the taking. If the Premises are taken in whole or in part but
this Lease is not terminated by Landlord, Landlord shall promptly restore any damage to the
Premises to the extent reasonably possible and the rent for the Premises shall be proportionately
reduced commencing on the date when possession of the part so taken or sold is surrendered by
Tenant. If this Lease is terminated pursuant to this Paragraph 13, Landlord shall reftmd to
Tenant any rent prepaid beyond the effective date of termination. In the event of any such taking
or sale, Tenant irrevocably assigns to Landlord any award, compensation or payment to which
Tenant may become entitled by leasehold improvements. Nothing in this Lease shall impair
Tenant's right to any award or payment on account of Tenant's trade fixtures and moving
expenses if available, to the extent Tenant has a right to make a claim against the person or entity
7
having the power of eminent domain, but in no event s1hall any such claim be
of Tenant's leasehold interest or reduce the award otherwise payable to Landlord.
16. DEFAULT.
I on the value
16.1 Tenant's Default. Tenant shall be in default of this Lease i� (a) Tenant
fails to pay when due the rent or any other amount required to be paid by Tenant under
this Lease; or (b) Tenant fails to timely deliver- the reports called for in P#agraph 5; or
(c) Tenant fails to perform any other duty or obligation imposed by this Leoe and the
default continues for a period of 15 days after written notice is given to Te*ant by
Landlord, or, if the default cannot be cured within 15 days, if Tenant fails t� commence
to cure the default within such 15 -day period, fails thereafter to diligently Orosecure the
same to completion, or in any event fails to cure the default within 60 days � after such
notice; (d) Tenant is declared insolvent or adjudged bankrupt, or makes a
assignment for the benefit of its creditors; (e) a receiver of any property of Tenant in or
upon the Premises is appointed in any action, suit or proceeding by or agai*st Tenant; (f)
any action or proceeding under Title I I of the United States Code is filed b� or against
Tenant, and such appointment, suit, action or proceeding is not dismissed
or (g) the interest of Tenant in the Premises is sold under execution or
16.2 Remedies. In the event of Tenant's default, Landlord
right to enter upon the Premises and repossess and enjoy the same as if thi
been made. This Lease shall then terminate at Landlord's option.
Landlord elects to terminate this Lease, Landlord may immediately
ithin 60 days;
legal process.
have the
Lease has not
or not
from Tenant,
and Tenant shall be liable to Landlord for, all rent due and unpaid up to the Itime of such
reentry, and, in addition, at Landlord's option, the rent that would have beeo payable
under this Lease for the balance of the term shall become immediately due 4nd payable,
8
together with all additional sums to which Landlord may be entitled under applicable law.
The parties specifically agree that Tenant's obligation to pay the rent shall survive any
termination of this Lease due to Tenant's default. Upon demand by Landlord, Tenant
shall surrender complete and peaceable possession of the Premises and/or Landlord may,
without waiving or postponing any other rights given it by law or provided for in this
Lease, relet the Premises on such terms as it deerns best, and apply the proceeds, less 0
expenses of reletting, to payment of past due rent and the rent due for the balance of the
term and hold Tenant liable for the difference. The expenses of reletting shall include
reasonable attorneys' fees actually paid in recovering and reletting the Premises; the cost
of all repairs, additions and improvements necessary to prepare the Premises for reletting;
and all brokerage commissions and fees paid with respect to any reletting. These
remedies shall not be deemed exclusive, and Landlord shall have all other rights and
remedies provided in law or equity.
16.3 Right to Cure. Without limiting any other remedy available to Landlord by
reason of Tenant's default, in the event Tenant defaults in the performance of any of its
obligations, Landlord may, at its option (but without any obligation so to do), do all
things as it deems necessary and appropriate to cure the default, perform for Tenant any
obligation which Tenant is obligated to perform but has not performed and expend such
sums as may be required. All costs and expenses so incurred by Landlord shall be due
and payable to Landlord immediately upon demand, together with interest at the rate of
four percent (4%) above the prime lending rate announced from time to time by Nations
Bank, N.A., in Charlotte, North Carolina, or, if less, the highest legal rate, from the date
that the costs and expenses were incurred until the same are paid to Landlord.
Z
17. ASSIGNMENT AND SUBLETTING. Tenant shall not,
prior written consent assign this Lease in whole or in part or sublease all or any
Premises. No assignment of this Lease or subletting of -the Premises, with or
t Landlord's
of the
t the consent
of Landlord, shall be deemed to release Tenant from any of its obligations under t4is Lease, nor
shall any assignment or subletting be construed as permitting any ftirther assignm�nt or
subletting except in accordance with this Paragraph IT If this Lease is assigned the Premises
sublet, any rent or other consideration payable by the assignee or sublessee in addition to the rent
payable under this Lease shall belong to and shall be paid to Landlord.
18. QUIET ENJOYMENT. Landlord covenants that it has the full right and
authority to make this Lease and that if Tenant pays the rent and performs all of t1* terms of this
Lease, Tenant shall peaceably and quietly enjoy and possess the Premises throughout the term
against the claims of anyone claiming by or through Landlord, subject only to the
conditions, covenants and agreements set forth in this Lease.
19. SUCCESSORS AND ASSIGNS. Sub ect to the provisions of Paragraph 16,
i
the terms, conditions, covenants and agreements in this Lease to be kept and performed by
Landlord and Tenant shall bind and inure to the benefit of their respective heirs,
representatives, successors and assigns.
20. LIABILITY FOR DAMAGE.
Landlord shall not be liable 7 any damage
to any property of Tenant or others, or mijury to persons within the Premises, res ng from (i)
the electrical, heating, plumbing, sewer, or other mechanical systems of the Premi4es or
Building, (ii) water, snow or ice being upon or coming through the roof, walls, floors, windows
or doors of the Premises or the Building; (iii) the acts or negligence of co -tenants c r other
occupants of the Building, or (iv) any fire or other casualty whatsoever. Landlord 3hall not be
liable for failure to keep the Premises in repair, unless Landlord is expressly oblig4ted to make
10
the repairs under the terms of this Lease and unless notice of the need for the repairs has been
given to Landlord and Landlord has failed to make the repairs within a reasonable time after
receipt of the Notice.
21. RIGHTS RESERVED BY LANDLORD. Without abatement or diminution in
rent, Landlord reserves the following rights:
A. To change the street address and/or the name of the Building and/or
change the arrangement and/or location of entrances, passageways, doors, doorways,
parking areas, drives, yards, corridors, stairs, or other parts of the Building or Property,
without liability to Tenant.
B. To enter the Premises at all reasonable times (1) for the making of
inspections, decorations, alterations, improvements and repairs, to the Premises and
Building and to protect and preserve the same as Landlord may deem necessary or
desirable, (2) to erect, use and maintain pipes and conduits in and through the Premises,
(3) to exhibit the Premises to prospective purchasers or lessees of the Building at any
time and to others during the last six (6) months of the term and (4) in general, to verify
Tenant's compliance with the terms of this Lease.
C. To make repairs, alterations or improvements in or to the Premises, the
Building or other parts of the Property, and during alterations, to close entrances, doors,
windows, corridors, or other facilities, provided that such acts shall not unreasonably
interfere with Tenant's use and occupancy of the Premises.
D. To establish reasonable rules and regulations governing the use and
occupancy of the Premises, the Building and the Property.
E. To terminate this lease at any time without cause.
I I
22. SIGNS. Tenant shall place no signs outside of the Building without prior
written agreement from the landlord.
23. WAIVER. No waiver of any condition or covenant of this Lease by either
party shall be deemed to imply or constitute a further waiver of the same or any other condition
or covenant, and nothing contained in this Lease shall be construed to be a waiver on the part of
Landlord of any right or remedy in law or otherwise.
24. SURRENDER. Upon the expiration or earlier termination of this Lease,
Tenant shall surrender to Landlord the Premises in good condition and repair, ordinary wear and
tear, fire and other casualty (provided such fire or other casualty is not with respect to property
required to be insured by Tenant and is not covered by Tenant's indemnity in Paragraph 11) or
governmental taking excepted.
25. SEVERABILITY. If any provision of this Lease or its application to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of this
Lease, or the application of such provision to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall
be valid and enforceable to the fullest extent permitted by law.
26. NOTICES. Any notice, statement, demand, request, consent, approval,
authorization, offer, agreement, appointment or designation under this Lease by either party to
the other (a "Notice") shall be in writing and shall be effective only if (i) delivered by personal
service, (ii) delivered by Federal Express or another comparable overnight express delivery
service, with all charges therefore prepaid, or (iii) mailed by registered or certified mail, postage
prepaid, return receipt requested, in each case addressed to the address set forth below. Either
party may change its notice address by giving notice to the other in the foregoing manner.
Notice sent in compliance with this Paragraph 25 shall be deemed given (a) on the day received
12
if by personal services, (b) one business day after deposit with the courier service with delivery
fee prepaid, or (c) on the second business day after being placed in the United States mail as
aforesaid.
(a) Landlord's address for notices shall be:
City of Virginia Beach
Department of Management Services
Facilities Management Office
2424 Courthouse Drive
Virginia Beach, Virginia 23456
City of Virginia Beach
City Manager's Office
Chief of Staff
2401 Courthouse Drive
Virginia Beach, Virginia 23456
(b) Tenant's address for notices shall be:
Tidewater Regional Group Home Commission
Executive Director
2404 Airline Boulevard
Portsmouth, Virginia 23701
27. MISCELLANEOUS PROVISIONS.
27.1 Rules and Regulations. Tenant, on behalf of itself and its agents,
employees, contractors, invitees and licensees, hereby agrees to observe and strictly
comply with all reasonable rules and regulations (hereafter called the "Rules and
Regulations"), adopted by Landlord from time to time with respect to the occupancy of
operations on the Property. Landlord shall not be liable for the nonobservance or
violation by any tenant, or any agent, employee, contractor, invitee or licensee of any
tenant, of any Rules and Regulations.
27.2 Governiniz Law. This Lease shall be construed and governed by the
applicable laws of the state in which the Premises are located. Venue of any suit brought
13
to enforce the terms of this Lease or arising from the rights, liabilities or obligations set
forth herein shall be founded in the Court of competent jurisdiction of the City of
Virginia Beach.
27.3 Titles, Etc. The marginal headiings or titles of this Lease are not a part of
this Lease and shall have no effect upon the construction or interpretation of any part of
this Lease. Whenever the singular number is used in this Lease and when required by the
context, the same shall include the plural, and the masculine gender shall include the
feminine and neuter genders, and the word "person" shall include corporation, firm,
partnership or association. If there be more than one Tenant, the obligations imposed
under this Lease upon Tenant shall be joint and several.
27.4 Entire Agreement. This instrument contains all of the agreements and
conditions made between the parties to this Lease any may not be modified orally or in
any other manner than by a written addendum to this Lease.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE TO BEGIN ON NEXT PAGE]
14
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease as f the
date first written above.
TENANT:
TIDEWATER REGIONAL GROUP HOME
COMMISSION
" I
BY rj�
NAME: AIV -4 5--.-AC,,A0P1
TITLE:
ATTEST:
STATE OF VIRGRZA
CITY OF VIRGEZA BEACH, to -wit:
The foregoing instrument was acknowledged and sworn before me this j2-_f!day of
2007 by L) n, -i a F Eye -. Dit-ector of
Tidewater Group Home Commission, on its behalf
produced j (-I q e C� I t ce- vi s -e- as identification.
My commission expires:
i --3 1 --09
He/She is personally known to me or has
Notary Public j L/ U
15
LANDLOIRD:
CITY OF VIRGINIA BEACH
BY
City Manager/Authorized
Designee of the City Manager
ATTEST:
Ruth Hodges Fraser
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged and sworn before me this day
of � 2007 by JAMES K. SPORE, City Manager, or his auth i d designee as
executed above, on behalf of the City of Virginia Beach, Virginia. He/She is p=ly known to
me or has produced as identification.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged and sworn before me this day
of � 2007 by RUTH HODGES FRASER, City Clerk, on behalf of the City of
Virginia Beach, Virginia. He/She is personally known to me or has produced
as identification.
My commission expires:
Wei
Notary Public
Approved as to Content
City Manger's Office
Approved as to Legal Sufficiency
City Attorney's Office
V:\applications\citylawprod\cycom32\Wpdocs\DO24\PDOI\OD033984.DOC
17
Approved as to Content
DMS/Facililys Managem.
)�ht
Approved as to Content
'Risk Management
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acquisition of 7.317 acres of real prooerty located at
the northeast corner of the intersection of Great Neck Road and Wolfsnare Road, Virginia
Beach, Virginia for $300,000 from GOPA, SIX, L.L.C.
MEETING DATE: Au
ust 14, 2007
0 Background: GOPA, Six, L.L.C. (the "Owner") approached the City Obout
acquiring the 7.317 acre parcel located at the northeastern corner of Great N ck Road and
Wolfsnare Road in -Virginia Beach (the "Property"). I
A majority of the Property is water, marsh and wetlands and therefore unbuildable.
However, the Owner has obtained a variance from the Chesapeake Bay Preservation Board
allowing the construction of one residential unit on the corner of Great Neck Road and
Wolfsnare Road.
Staff believes construction of a home on the Property with a curb cut onto G
would be unnecessarily dangerous and recommends acquisition of the Prop
preservation as open space. The Open Space Subcommittee has been briE
endorsed acquisition.
N Considerations: The City and the current owner have reached an a
the parcel's purchase price and the terms of the acquisition. The purchase 1
$300,000 and is recommended to be funded from the Open Space Program
Project (CIP 4-004).
• Public Information: Advertisement of City Council Agenda
• Alternatives: Do not acquire the Property and allow the Property to
• Recommendations: Purchase the Property for $300,000 through
Program Site Acquisition Project (CIP 4-004).
• Attachments: Summary of Terms, Ordinance and Location Map
Recommended Action: Approval
Submiffing Department/Agency: PW/REAL ESTATE
City Managefz��r �'. < 8 N71�_
Neck Road
for
and has
reement on
-ice is
3ite Acquisition
developed.
Open Space
SUMMARY OF TERMS
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
APPROXIMATELY 7.317 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF
GREAT NECK ROAD AND WOLFSNARE ROA%
VIRGINIA BEACH, VIRGINIA
OWNER: GOPA SIX, L.L.C.
BUYER: City of Virginia Beach
SALE PRICE: $300,000 at Settlement by check.
SETTLEMENT
DATE: On or before thirty (30) days after acquisition is authorized by Council.
SPECIAL TERMS
AND CONDITIONS:
9 Property must be conveyed free and clear of all leases, tenancies and right of
possession of any and all parties other than the City.
0 Seller shall prepare Deed conveying title to the Property to City and pay all expenses of
preparation of the Deed, the grantor's tax and its own attorney's fees and costs.
0 City shall bear all other costs of closing.
V:\applicatiom\citylawpr(>d\cycom32\Wpdocs\DOOS\PO04\00026067.DOC
1 AN ORDINANCE TO AUTHORIZE THE
2 ACQUISITION OF 7.317 ACRES OF REAL
3 PROPERTY LOCATED AT THE NORTHEAST
4 CORNER OF THE INTERSECTION OF GREAT
5 NECK ROAD AND WOLFSNARE ROAD,
6 VIRGINIA BEACH, VIRGINIA FOR $300,000
7 FROM GOPA SIX, L.L.C.
8
9
10
11
12
13
14
15
16
17
18
19
20
WHEREAS, GOPA SIX, L.L.C. ("GOPA SIX") owns a 7.317 ai
estate located at the northeast corner of the intersection of Great
Wolfsnare Road, in the City of Virginia Beach, Virginia (the "Property");
�re� parcel of real
Ndck Road and
WHEREAS, GOPA SIX desires to sell the Property to the City of Virg nia Beach (the
91city7l) ;
WHEREAS, the City's Open Space Subcommittee has identified the Property as a
parcel to be considered for acquisition as part of the City's open space init ative, and has
recommended that the Property be acquired for such purposes;
21 WHEREAS, the City Council of the City of Virginia Beach, Vircinia (the "City
22 Council") is of the opinion that the acquisition of the Property would furthe�the City's open
23 space initiative;
24
25 WHEREAS, funding for this acquisition is available in the Open Sp ce Acquisition
26 CIP account (CIP 4-004).
27
28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
29 VIRGINIA:
30
31
1. That the City Council authorizes the acquisition of the Propelty
by purchase
32
pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, wl�
ich Property is
33
generally identified as GPIN 2408-10-3592 and shown as the hatched area
on Exhibit A
34
attached hereto.
35
36
2. That the City Manager or his designee is further authorizec
to execute all
37
documents that may be necessary or appropriate in connection with the r
urchase of the
38
Property, so long as such documents are in accordance with the Summary
of Terms
39
attached hereto and acceptable to the City Manager and the City Attorne,
.
40 Adopted by the Council of the City of Virginia Beach, Virginia, on the
41 .2007.
CA -1 0311
V:\apphcations\citylawprod\cycom32\Wpdocs\DO02\PO02\00036360.DOC
R-1
August 3, 2007
APPROVED AS TO CONTENT -
Public Works/Real Es4++. kut
tate
APPROVED AS TO CONTENT -
APPROVED AS TO LEGAL
SUFFICIE 47
City Attorney's Office
day of
SUMMARY OF TERMS
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
APPROXIMATELY 7.317 ACRES OF PROPERTY
LOCATED AT THE NORTHEAST CORNER OF
GREAT NECK ROAD AND WOLFSNARE ROAD,
VIRGINIA BEACH, VIRGINIA
ON"ER:
BUYER:
SALE PRICE:
SETTLEMENT
DATE:
GOPA SIX, L.L.C.
City of Virginia Beach
$300,000 at Settlement by check.
On or before thirty (30) days after acquisition is authorized by Council.
SPECIAL TERMS
AND CONDITIONS:
Property must be conveyed free and clear of all leases, tenancies and right of
possession of any and all parties other than the City.
Seller shall prepare Deed conveying title to the Property to City and pay all expenses of
preparation of the Deed, the grantor's tax and its own attorney's fees and costs.
0 City shall bear all other costs of closing.
V:\applications\citylawprod\cycom32\Wpdocs\DO08\PO04\00026067.DOC
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize a Refund of $40,000 to the Christian Broadcasting
Network, Inc. (CBN) for a Payment Erroneously Made to the City
MEETING DATE: August 14, 2007
N Background: On October 26, 1993, City Council approved a street closure for
the Christian Broadcasting Network (CBN) for a portion of West Centerville Turnpike
which was adjacent to 1-264. CBN paid the City $40,000 to vacate this ric ht of way. In
attempting to finalize the closing, it was determined that the City of Virgillia Beach did
not own the right of way, it was in fact owned by the Commonwealth of Virginia. CBN
subsequently had to negotiate with the Virginia Department of Transportat on (VDOT) to
give up the right of way and purchase same from the VDOT. This they were finally able
to do, and they are now requesting that the $40,000 paid to the City of Virginia Beach
be returned.
0 Considerations: Since the City did not own the right of way that was vacated,
but was paid $40,000, CBN has requested reimbursement of this sum.
0 Public Information: Public information will be provided through the normal
Council agenda process.
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Management Service OC-�
City Manager: QJW-Q-'s V'<S-qtV4J
1 AN ORDINANCE TO AUTHORIZE A REFUND OF
2 $40,000 TO THE CHRISTIAN BROADCASTING
3 NETWORK, INC. (CBN) FOR A PAYMENT
4 ERRONEOUSLY MADE TO THE CITY
5
6 WHEREAS, on October 26, 1993, the City Council approved a street closure for
7 the Christian Broadcasting Network, Inc. (CBN) for a portion of West Centerville
8 Turnpike;
9
10 WHEREAS, at the time of closure CBN's title information indicated that the
11 underlying fee in the street was owned by the City and CBN paid the City $40,000 for
12 the closed street, which sum was established by appraisal,
13
14 WHEREAS, it was subsequently determined that the Commonwealth of Virginia,
15 not the City, was the owner of the underlying fee, and CBN has negotiated to acquire
16 the property from the Commonwealth;
17
18 WHEREAS, CBN has requested that the City refund the $40,000 which was paid
19 to the City.
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 1 . That a refund in the amount of $40,000 for the payment erroneously made
25 is hereby authorized and directed to be made to CBN.
26
27 2. That $40,000 is transferred from the General Fund Reserve for
28 Contingencies to the Non -Departmental section of the FY 2006-07 Operating Budget for
29 the purpose of reimbursing CBN for the overpayment.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia on the day
32 of 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
IManage eni ices
CA 10416
R-3
July 19, 2007
11�
A-11AV
ttorney's bffice
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $1,450,000 from the Risk Management Internal
Service Fund and Authorize the City Manager to Execute All Necessary
Agreements for Closure of the SPSA Composting Operation at the Virginia
Beach Landfill
MEETING DATE: August 14, 2007
N Background: The SPSA composting facility at the Virginia Beac
been the subject of multiple complaints from nearby residents.
comprehensive analysis, it was determined that the facility as designed
was incompatible with the surrounding land uses and therefore needed
The City of Virginia Beach and SPSA reached a tentative agreement on
SPSA composting operation at the Virginia Beach Landfill in April. S
accepting new compost materials on June 1, 2007 and will vacate the CL
site by December 31, 2007. SPSA will relocate the mulching only operati(
9 acre site where it was previously located. Legal documents have beer
are ready for signature.
i landfill has
Following a
ind operated
,o be closed.
1osure of the
3SA stopped
rrent 48 acre
n back to the
finalized and
0 Considerations: The settlement agreement requires the City of. �irginia Beach
to pay SPSA $1,450,000 to offset non-recoverable site improvement costs
a Public Information: Public information will be handled through the normal
Council agenda notification process.
N Alternatives: Closure of the composting operation, throuch negotiated
settlement, was determined to be the most expeditious and responsible means to
accommodate the needs and interests of the various stakeholders.
0 Recommendations: Approve the following: 1) appropriation ordnance-, 2) the
settlement agreement, including payment of $1,450,000 to SPSA; 3) the lease
termination agreement, and 4) the deed of lease.
0 Attachments: 1) Ordinance, 2) Settlement Agreementl 3) Lea e Termination
Agreement; 4) Deed of Lease I
Recommended Action: Approve the appropriation ordinance and the a� reements and
deed of lease.
Submitting Department/Agency:
City Manager:
Public WorksNVaste Management
4D =1
1 AN ORDINANCE TO APPROPRIATE $1,450,000
2 FROM THE RISK MANAGEMENT INTERNAL
3 SERVICE FUND AND AUTHORIZE THE CITY
4 MANAGER TO EXECUTE ALL NECESSARY
5 AGREEMENTS FOR CLOSURE OF THE SPSA
6 COMPOSTING OPERATION AT THE VIRGINIA
7 BEACH LANDFILL
8
9 WHEREAS, following a comprehensive analysis, it was determined that the
10 composting facility operated by SPSA at the Virginia Beach landfill is incompatible with
11 the surrounding area and needs to be closed-, and
12
13 WHEREAS, the City of Virginia Beach and SPSA have reached tentative
14 agreement on closure of the composting operation, which will require the City to pay
15 SPSA $1,450,000 to offset non-recoverable site improvement costs.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 1. That $1,450,000 of fund balance from the Risk Management Internal Service
21 Fund is appropriated to pay SPSA for non-recoverable improvement costs.
22
23 2. That the City Manager is hereby authorized to execute on behalf of the City of
24 Virginia Beach all necessary agreements for closure of the SPSA composting operation
25 at the Virginia Beach landfill.
26
27 Adopted by the Council of the City of Virginia Beach, Virginia on the day
28 of 2007.
APPROVED AS TO CONTENT:
Qou'�'- , a
Management Services
CA10474
R-1
August 7, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Off.&;?—
AGREEMENT
THIS AGREEMENT (the "Agreement"), is made this day of Aug st, 2007, by
and between, the SOUTHEASTERN PUBLIC SERVICE AUfH0RITY OF VIR9 NIA (the
"Authority" or "SPSA") and the CITY OF VIRGINIA BEACH, VIRGINIA (the "City"). SPSA
and the City are each referred to herein as a "Party" and together as the "Parties".
Recitals:
A. SPSA operates on a portion of Virginia Beach Landfill No. 2 (the "Virginia Beach
Landfill") a facility for the processing of yard waste materials delivered to the Virginia Beach
Landfill ("Yard Waste Facility") involving composting, mulching and the sale of Compost and
mulch to the public.
B. The operation of the Yard Waste Facility is provided as a service to SPSA's
member communities and commercial customers and affords them an opportunity to recycle a
portion of their solid waste at a reduced disposal rate and further benefits such members and
customers by extending the capacity of SPSA's landfill located in Suffolk, Virginia.
C. The Yard Waste Facility is operated by SPSA on the portion of the Virginia
Beach Landfill (the "Yard Waste Site") that is leased to SPSA under the terms of a lease with the
City dated November 10, 2003 ("Yard Waste Facility Lease") and pursuant to a conditional use
permit approved by Virginia Beach City Council at its meeting on January 13, 2004 (the "City
Approval"). The Yard Waste Site is described with particularity in the Yard Waste Facility
Lease and is shown on Exhibit A attached thereto and made a part thereof
D. Certain residents of adjacent residential neighborhoods have demanded that SPSA
cease operating the Yard Waste Facility because of odors emanating therefrom and alleged
health problems associated with composting operations conducted at the Yard Waste Facility.
E. Notwithstanding numerous operational improvements that SPSA has
implemented and proposed for the Yard Waste Facility, the City has insisted that SPSA close the
Yard Waste Facility.
F. SPSA and the City have entered into this Agreement providing for, closure of the
Yard Waste Facility on terms that recognize SPSA's investment, that allow SPSA to relocate its
mulching operations to another site at the Virginia Beach Landfill where such operations were
formerly conducted, that allow SPSA to continue operating its white goods recyclino program on
City property, and that insure that closure of the Yard Waste Facility and cessation of
composting activities occurs as soon as reasonably practicable.
Agreement:
NOW, THEREFORE, for good and valuable consideration and the mutu promises and
covenants contained herein, the receipt and sufficiency of which are acknowledged, the
Authority and the City do hereby agree as follows:
1-756555.5
08/07/2007
1. Payment for SPSA's Investment. The City will pay SPSA the sum of One
Million Four Hundred Fifty Thousand Dollars ($1,450,000.00) as compensation for SPSA's
investment in the Yard Waste Facility, which sum the City has paid to SPSA upon execution of
this Agreement.
2. Wind Down of Yard Waste Facility Operations. SPSA stopped accepting leaves'
grass and bagged yard waste at the Yard Waste Site on June 1, 2007 and will process and sell or'
otherwise remove all such yard waste no later than December 31, 2007. SPSA's continued
operation at the Yard Waste Site will be conducted in accordance with current practices, subject
to the terms of the Yard Waste Facility Lease and the City Approval. SPSA will comply- with all
existing regulations and best management practices at the Yard Waste Site. SPSA will have no
obligation to make any additional improvements to the Yard Waste Site or to upgrade Yard
Waste Facility operations.
3. Lease Termination and Facility Closure. The Parties have entered into an
agreement of even date herewith that provides for the termination of the Yard Waste Facility
Lease (the "Lease Termination Agreement"). Upon termination, the City will accept the Yard
Waste Site from SPSA and the City will assume all responsibility for closure of the Yard Waste
Site including compliance with DEQ closure requirements and any modifications to the Yard
Waste Site required to meet long-terrn stonriwater or other issues. Prior to termination, SPSA
will process and sell or otherwise remove all yard waste materials and its equipment and
structures from the Yard Waste Site. All roads and pavement will remain in place.
4. Lease of Property for Mulching Facility and White Goods Operation. Pursuant to
the terms of a lease between the City and SPSA of even date herewith (the "2007 Lease"), the
City has agreed to lease to SPSA the nine (9) +/- acre site previously leased by SPSA that is
shown on Exhibit A of the 2007 Lease (the "Mulching Site") for operation of a mulching facility.
The 2007 Lease shall be for a term ending January 24, 2018, the expiration date orthe City"s
August 8, 1984 Use and Support Agreement with SPSA (the "Use and Support Agreement"). in
lieu of rent for the Mulching Site, SPSA has agreed to provide white goods recycling services to
the City without charge at the one-half (1/2) +/- acre site shown on Exhibit B of the 2007 Lease
(the "Recycling Site") that SPSA has been using and will continue to use for recycling, its white
goods operations, and its household hazardous waste activities. The 2007 Lease provides SPSA
with the right to use the Recycling Site for recycling, its white goods operations, and its
household hazardous waste activities.
5. No Effect on Solid Waste Disposal Fees. The terms of this Agreement will have
no effect on the calculation of fees charged for the disposal of yard waste or other solid waste.
Disposal and other fees charged by SPSA shall be subject to SPSA's regular rate settino
procedures and to the terms of the Use and Support Agreement and the August 8, 1984,_
Agreement for Disposal of Ash and Process Residue between the City and SPSA.
6. Release by SPSA. The Authority hereby releases and forever discharges the City
of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts,
agreements, damages and any and all claims, demands and liabilities whatsoever of every name
and nature, both at law and in equity, known and unknown, which the Authority has or has ever
had whatsoever against the City for any and all actions of the City's actions, inactions,
1-756555.5 2
08/07/2007
omissions, negligence, or failures to act under the terms of the Yard Waste Facility Lease or
otherwise related to the City's ownership and/or leasing of Yard Waste Site and for any claim by
any third party against the Authority for any personal injury, death or property damage arising
out of, resulting from or related to the operation, ownership or leasing of the Yard Waste Facilltv
Site by the City.
7. Release hKIbLCity. The City hereby releases and forever discharg�s the
Authority of and from all debts, demands, actions, causes of action, suits, accounts,' covenants,
contracts, agreements, damages and any and all claims, demands and liabilities whatsoever of
every name and nature, both at law and in equity, known and unknown, which the City has or
has ever had whatsoever against the Authority for any and all of the Authority's actions,
inactions, omissions, negligence, or failures to act under the terms of the Yard Waste Facility
Lease or otherwise related to the Authority's operation of the Yard Waste Facility and/or its
leasing of Yard Waste Site and for any claim by any third party against the City for any personal
injury, death or property damage arising out of, resulting from or related to the operation or
leasing of the Yard Waste Facility by SPSA.
8. No Admissi )n of Liability. The relinquishment of the respective legal rights of
the Parties and the execution of this Agreement by the Parties are not to be construed as an
admission of liability on the part of either Party for any matters related to the activities and
transactions of the Parties respecting the leasing of the Yard Waste Site, the ownership and
operation thereof, and/or the rights and duties of the Parties related thereto. It is expressly
understood and agreed, as a condition hereof, that this Agreement shall not consti ute or be
construed to be an admission on any part of either Party or as evidencing or indicating in any
degree an admission of the truth or correctness of any claims asserted. The undersigned Parties
expressly deny liability to one another, and intend merely to avoid litigation with respect to such
claims.
9. Notice. Notices or other communications required under this Agreement shall be
in writing and shall be sent by certified mail, return receipt requested, by national overnight
courier company, or by personal delivery. Notice shall be deemed given upon receipt or refusal
to accept delivery. Each Party may change its respective address for notice hereunder by like
notice to the other Party to this Agreement. The notice addresses are as follows:
Ihe City:
City of Virginia Beach
City Manager's Office
Municipal Center, Bldg. 1
2401 Courthouse Drive, Suite 234
Virginia Beach, Virginia 23456
1-756555.5
08/07/2007
With a Copy to:
City Attorney's Office
Municipal Center, Bldg. 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
SPSA:
Southeastern Public Service Authority
The Regional Building
723 Woodlake Drive
Chesapeake, Virginia 23320
Attn: John S. Hadfield, Executive Director
With a Copy to:
Willcox & Savage, P.C.
1800 Bank of America Center
One Commercial Place
Norfolk, Virginia 23 5 10
Attn: Anthony M. Thiel, Esquire
10. Mediation and Litigation. Any dispute, claim or controversy between the Parties
arising under, out of, in connection with or relating to this Agreement, the Lease Termination
Agreement or the 2007 Lease or the transactions contemplated thereby, or any course of conduct,
course of dealing, statements (oral or written), or actions of any Party relating to this Agreement,
the Lease Termination Agreement or the 2007 Lease, including any claim based on or arising
from an alleged tort (each, a "Dispute"), shall be resolved solely in the following manner:
(a) Mediation.
(i) Each Party shall cause its designee to first meet with the other
Party's designee and attempt to resolve the Dispute by agreement.
(ii) Failing resolution, either Party may submit to the other Party a
written request for non-binding mediation. Within twenty (20) days after such written request is
made, the Parties shall attempt to agree on a single mediator.
(iii) Mediation shall take place at the place or places and at the time or
times set by the mediator, but shall not be held in public. The rules of procedure, evidence and
discovery with respect to any mediation shall be as directed by the mediator. The Parties may be
represented at hearings before the mediator by an attorney.
(iv) The mediator's expenses shall be borne equally by the Parties.
1-756555.5 4
08/07/2007
(b) Litigation.
0) If any Dispute is not resolved by mediation as provi
either Party may resort to litigation.
�d above,
(ii) With respect to any litigation relating to any Dispute, each Party
irrevocably waives all rights to trial by jury.
11. Miscellaneous. This Agreement shall be governed and construed in accordance
with the laws of the Commonwealth of Virginia. This Agreement, the Lease Termination
Agreement and the 2007 Lease set forth the entire agreement and understanding between the
Parties with respect to the contemplated transactions and supersedes all prior agreements,
arrangements and understandings regarding such transactions, but shall not change or alter in any
respect the terms of the Use and Support Agreement or the August 8, 1984 Agree ent for
Disposal of Ash and Process Residue between the Parties. Failure of any Party atany time or
times to require performance of any provisions hereof shall in no manner affect the right at a
later time to enforce the provision. No waiver by either Party of any condition, or the breach of
any term, covenant, or condition contained in this Agreement, whether by conduct or otherwise,
in any one or more instances, shall be deemed a further or continuing waiver of any term,
condition or covenant, of this Agreement. Any change to this Agreement shall be made only in
writing executed by the Party sought to be charged thereby. The captions and parLgraph
headings are for convenience only and shall not be used in construing or enforcing any of the
provisions of this Agreement. This Agreement is executed under seal. The inclusion of the word
"(SEAL)" next to the signature lines below shall have the same effect as if the applicable seal
were physically affixed hereto. If any period or date under this Agreement would expire or fall
on a weekend or holiday, such period or date shall be extended until the first busi ess day
thereafter. The terms "herein", "hereof', "hereunder", and similar references shall refer to this
Agreement as a whole and not to any particular provision unless otherwise clearly stated herein.
The term "include" or "including" shall mean without limitation by reason of enurneration.
Words importing the singular include the plural and vice -versa, and words import ing gender
include the masculine, feminine and neuter gender. This Agreement shall be binding upon and
inure to the benefit of the Parties and their respective successors and permitted assic-Ins.
[Signatures Appear on the Following Pages]
1-756555.5
08/07/2007
AUTHORITY:
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA
Los
Attest:
1-756555.5
08/07/2007
(SEAL)
John S. Hadfield, Executive Director
CITY:
CITY OF VIRGfNIA BEACH, VIRG
0
Attest:
Approved as to form:
Title:
1-756555.5
08/07/2007
James K. Spore, City Manager
EAL)
LEASE TERMINATION AGREEMENT
THIS LEASE TERMINATION AGREEMENT (the "Termination Agreement") is made
this day of August, 2007, by and between, the SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA (the "Tenant," the "Authority" or "SPSA") and the CITY OF
VIRGINIA BEACH, VIRGINIA (the "Landlord" or the "City"). SPSA and the City are each
referred to herein as a "Party" and together as the "Parties." Capitalized terms not otherwise
defined herein shall have the same meanings set forth in the Settlement Agreement, as hereinafter
defined.
Recitals
44 A. Pursuant to that certain agreement and lease dated November 10, 200' ) (the
Lease"), Landlord leased to Tenant the Yard Waste Site which is described in the Lease and
shown on Exhibit A thereto, on terms and conditions set forth in the Lease.
B. Pursuant to the terms of an agreement between the Parties of even date herewith
(the "Settlement Agreement"), the Parties have agreed that the Tenant will cease its operations on
the Yard Waste Site and will terminate the Lease in accordance with the agreements set forth in
the Settlement Agreement, the 2007 Lease and this Termination Agreement.
C. Landlord and Tenant have agreed to execute and deliver this Termination
Agreement in furtherance of the terms of the Settlement Agreement.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, the parties hereto covenant and agree as follows:
I . Termination of Lease. The Lease shall terminate on the date (the "Lease
Termination Date") that is the earlier to occur of December 31, 2007 or the date when the Tenant
ceases all operations on the Yard Waste Site and delivers the Yard Waste Site to the Landlord.
All obligations, liabilities and rights of Landlord and Tenant under the Lease shall cease as of the
Lease Termination Date, except as otherwise expressly set forth in this Termination Agreement.
2. Rents and Other Charges. Landlord and Tenant acknowledge and agree that (i) no
rent, other charges or other sums or monetary amounts are due by Tenant to Landlord under the
Lease and (ii) Landlord does not owe Tenant any monetary amounts or other sums under the
Lease.
3. Delivery of Premises. Tenant agrees that Landlord shall have the right to
Z:1
possession of the Premises effective on the Lease Termination Date.
4. Release of Claims. Landlord and Tenant, and their respective successors and
assigns, each hereby remises, releases and forever discharges the other and its employees. and
their respective successors and assigns, of and from any and all actions, causes of action, suits,
1-758607.4
07/27/07
proceedings, debts, sums of money, accounts, contracts, damages, and claims in la
against the other existing at any time on account of, in any way incident to, arising
indirectly from, or by reason of the Lease, the use and occupancy of the Premises
condition of the Premises except for the following:
or in equity
rectly or
I/or the
(a) Claims, demands, actions, causes of action, and suits asserftte by third
parties against Landlord and/or Tenant arising out of the use or occupancy of the Premises by the
Tenant or the failure by either party to perform its obligations under the Lease during the term of
the Lease through the Lease Termination Date; and
(b) The obligations and duties of Landlord and Tenant under prtvisions of this
Agreement.
5. Notice. Notices or other communications required under this Termination
Agreement shall be in writing and shall be sent by certified mail, return receipt requested, by
national overnight courier company, or by personal delivery. Notice shall be deerned give . n upon
receipt or refusal to accept delivery. Each Party may change its respective address for notice
hereunder by like notice to the other Party to this Agreement. The notice addresse are as
follows:
The Ci :
City of Virginia Beach
City Manager�s Office
Municipal Center, Bldg. 1
2401 Courthouse Drive, Suite 234
Virginia Beach, Virginia 23456
With a Copy to:
City Attorney�s Office
Municipal Center, Bldg
2401 Courthouse Drive
Virginia Beach, Virginia 23456
SPSA:
Southeastern Public Service Authority
The Regional Building
723 Woodlake Drive
Chesapeake, Virginia 23320
Attn: John S. Hadfield, Executive Director
2
1-758607.4
7/27/2007
With a Copy to:
Willcox & Savage, P.C.
1800 Bank of America Center
One Commercial Place
Norfolk, Virginia 235 10
Attn: Anthony M. Thiel, Esquire
6. Dispute Resolution. Any Dispute hereunder shall be resolved in accordance with
the provisions set forth in Section 10 of the Settlement Agreement.
7. Miscellaneous. This Termination Agreement shall be governed and construed in
accordance with the laws of the Commonwealth of Virginia. This Termination Agreement, the
Settlement Agreement and the 2007 Lease set forth the entire agreement and understanding
between the Parties with respect to the contemplated transactions and supersedes all prior
agreements, arrangements and understandings respecting the Lease. Failure of any Party at any
time or times to require performance of any provisions hereof shall in no manner affect the right
at a later time to enforce the provision. No waiver by either Party of any condition, or the breach
of any term, covenant, or condition contained in this Termination Agreement, whether by
conduct or otherwise, in any one or more instances, shall be deemed a further or continuing
waiver of any term, condition or covenant, of this Termination Agreement. Any change to this
Termination Agreement shall be made only in writing executed by the Party sought to be charged
thereby. The captions and paragraph headings in this Termination Agreement are for
convenience only and shall not be used in construing or enforcing any of the provisions of this
Termination Agreement. This Termination Agreement is executed under seal. The inclusion of
the word "(SEAL)" next to the signature lines below shall have the same effect as if the
applicable seal were physically affixed hereto. If any period or date under this Termination
Agreement would expire or fall on a weekend or holiday, such period or date shall be extended
until the first business day thereafter. The terms "herein", "hereof', "hereunder", and similar
references shall refer to this Termination Agreement as a whole and not to any particular
provision unless other -wise clearly stated herein. The term "include" or "including" shall mean
without limitation by reason of enumeration. Words importing the singular include the plural
and vice -versa, and words importing gender include the masculine, feminine and neuter gender.
This Termination Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and permitted assigns.
[Signatures Appear on the Following Pages]
3
1-758607.4
7/27/2007
WITNESS the following signatures and seals:
LANDLORD:
CITY OF VIRGINIA BEACH, VIR
M
Attest:
Approved as to form:
Title:
2
1-758607.4
7/27/2007
James K. Spore, City Manager
(SEAL)
TENANT:
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA
LO -M
Attest:
1-758607.4
7/27/2007
John S. Hadfield, Executive Director
(SEAL)
DEED OF LEASE
(SPSA – City of Virginia Beach, Virginia)
THIS DEED OF LEASE (the "Lease") is made as of the — day of At,
and between the CITY OF VIRGINIA BEACH, VIRGINIA ("Gandlord or the "
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, a political
the Commonwealth of Virginia ("Tenant," the "Authority" or "SPSA"). SPSA a:.
each referred to herein as a "Party" and together as the "Parties."
Landlord, in consideration of the covenants and promises hereinafter
performed by Tenant, does hereby lease, let and demise the real estate descri
Tenant, in consideration of the covenants and promises to be performed by
hereby lease from Landlord such real estate, both upon the terms, conditions an
forth herein.
I . Premises and Recycling -Site. Landlord leases to Tenant the portio
property known as Landfill No. 2 located in Virginia Beach, Virginia (the '
consists of the 9 +/- acre parcel of land shown on Exhibit A attached hereto a
hereof (the "Mulching Site"), together with a non-exclusive right of Tenant an(
contractors and suppliers (the "Right of Access") to use all streets, driveways anc
existing or hereafter located in the Landfill ("Roads") for truck and other vehicul
from Jake Sears Road and any other public streets providing access to the
Mulching Site and the Right of Access are together referred to her6in as i
Landlord shall also continue to provide Tenant with the right to use for the tc
Section 2 below the portion of the Landfill consisting of approximately one-half
on Exhibit B attached hereto and made a part hereof (the "Recycling Site") for
goods operations and hazardous waste activities as provided in Section 3 beloN
the Right of Access for the Recycling Site. Landlord shall have the right to rel
provided that such relocation does not unreasonably interfere with Tenant's
operation of the Mulching Site and Recycling Site as described in Section 4 beloi
2. Tenn. This Lease and all rights hereunder shall be effective
execution and shall end on January 24, 2018.
3. No Rent; 0 ijizipu�.qi i Luri"i - I x��j
In lieu of the payment of rent, Tenant agrees to continue to receive and di
Goods" (as defined on �jchedule 1) for the entire term of this Lease (the "Term")
conditions set forth on Schedule I attached hereto and made a part hereof. I
receipt and disposal of White Goods for Landlord, Tenant may continue to U
Site for the receipt, storage, sorting, processing and disposal off site of White
recyclables and household hazardous waste (collectively "Additional Activities'
Lst, 2007, by
ty'*) and the
�bdivision of
the City are
ecified to be
�d below and
indlord, does
covenants set
i of Landlord's
Landfill") that
id made a part
its customers,
roadways now
r access to and
Landfill. The
,ie "Premises."
,m provided in
icre site shown
ecycling, white
together with
)cate the Roads
iccess. use and
the date of its
)nal Activities.
ose of "White
n the terms and
addition to the
the Recycling
oods and other
4. Use and Operation . The Mulching Site shall be used for a mul ing facility and
operation involving the collection and processing of felled trees, stumps, branches and other
woody materials into mulch, the coloring of the mulch and sale of the mulclk for pick up by
Tenant's customers or delivery by Tenant to its customers. The Recycling Site may be used for
the disposal of White Goods for the Landlord and the Additional Activities, I Ilin accordance
1-757036.7
08/0712007
with the requirements of Schedule 1, Tenant shall not be permitted to use the Premises or the
Recycling Site (together, the "Property") for any purposes other than those set forth in this Lease
without obtaining prior written consent from Landlord, which consent shall not be unreasonably
conditioned, withheld or delayed.
5. Buildings, Fixtures and Other Property. Tenant may, at its sole cost and expense,
make such changes, alterations or improvements, including the construction and installation of
buildings, fixtures, equipment and other improvements to the Property (collectively
"Improvements"), as Tenant may deem necessary or appropriate for the use of the Property as
permitted under Section 4 above ("Permitted Use"). All Improvements located on the Property
are and shall remain the property of Tenant; provided, however, that any Improvements
remaining on the Property for more than sixty (60) days following the expiration of the term or
earlier termination of this Lease shall become the property of Landlord. Tenant will submit
construction plans for any Improvements ("Tenant's Plans") to Landlord for review and approval
and obtain any required permits prior to the commencement of construction. Landlord agrees
that its approval of Tenant's Plans in its capacity as lessor shall not be unreasonably withheld,
conditioned or delayed. Within forty-five day (45) days following receipt of any Tenant's Plans,
Landlord in its capacity as lessor shall either (i) approve Tenant's Plans in writing or (ii) notify
Tenant in writing of any reasonable modifications Landlord requires to Tenant's Plans. If
Landlord advises Tenant in writing that reasonable modifications are required and Tenant
submits modified Tenant's Plans, then Landlord will within twenty (20) days either (i) approve
in writing the modified Tenant's Plans or (ii) notify Tenant in writing of further reasonable
modifications Landlord requires to Tenant's Plans. This process shall continue until Tenant's
Plans are approved (or deemed approved) by Landlord. If Landlord fails to respond within the
initial forty-five day (45) period or any subsequent twenty (20) day period, then Landlord will be
deemed to have approved Tenant's Plans as then existing. Notwithstanding the foregoing,
however, construction of improvements shall also be subject to all approvals required for the
issuance of any necessary permits. Landlord agrees to act expeditiously in conducting its permit
review.
6. Maintenance, Repair and Alterations.
(a) Landlord agrees to maintain and repair the Roads so that they are usable
by Tenant and its customers, contractors and suppliers. Landlord will operate and maintain the
Landfill in a safe condition and in compliance with all applicable federal, state and local laws
and regulations ("Laws").
(b) Tenant shall maintain the Property and all Improvements in a safe
condition in compliance with all Laws and shall conduct all of its operations in accordance with
accepted management practices and make any alterations in conformity with all Laws.
7. Taxes and Utilities.
(a) While both Landlord and Tenant are currently exempt from the payment
of state and local taxes, the Parties agree that Tenant (or any approved assignee or subtenant)
shall be responsible for the payment of any taxes that may become due by reason of the use and
occupancy of the Property if at any time any such tax is assessed, levied or imposed upon Tenant
2
1-757036.7
08/07/2007
or any such assignee or sub -tenant. if taxes are assessed against the Landfill,
pay its pro -rata share of such taxes based upon the ratio that the area of the Pr(
total area of the Landfill. if taxes are assessed against the improvements, T(
such taxes.
Tenant shall
bears to the
shall pay all
(b) Landlord agrees to provide at no cost to Tenant such easements as are
necessary to provide electric power, water and sewer services ("Utilities") to the Property. All
Utilities providing service to the Property shall be separately metered and Tenant shall pay
promptly when due all fees charged for the use of these Utilities including all service fees,
deposits, tap fees and any other connection, hook up and other use fees and harges related
thereto. I
8. Insurance. Tenant shall maintain during the Tenn commercial �
insurance, including personal injury and property damage, in the follo)
$2,000,000-00 total and $1,000,000.00 per occurrence. The insurance poll
Landlord as an additional insured and shall provide that such insurance shall n
unless thirty (30) days prior written notice is given to Landlord. Tenant shall dell
a certificate of such insurance. To the extent required by law, Tenant shat
worker's compensation or similar insurance. All insurance coverage required un
8 shall be maintained by Tenant at its sole expense and Tenant shall pay prompt
premiums for such insurance.
9. Quiet Possession qnd Title. Provided that Tenant is not in dc
provisions of this Lease beyond applicable cure periods, Landlord covenants tl
have and enjoy during the Term quiet and peaceable possession of the Propert
terms and provisions of this Lease, free of molestation by Landlord. Landlord fu
represents and warrants that it is the o . wrier in fee simple of the Landfill and that 1
permit or other approval by the City is required for Tenant to use the Property f
Use.
10. Memorandum of Lease. This Lease shall not be recorded. HoNN
agree that upon request, either will execute a memorandum of lease in the form I
applicable Virginia statute which will include the commencement date and expii
Term. Either Party may record such memorandum of lease in the land re(
expense.
11. Assignment and Subletting.
(a) Tenant shall not have the right to assign, mortgage,
encumber this Lease or sublet (or grant other occupancy rights to) the Pi
"Transfer"; collectively, "Transfers"), without the prior written consent of
consent shall not be unreasonably delayed, conditioned or withheld. Under r
shall Tenant assign less than its full interest in the Lease or sublet less than the ei
(b) Landlord's consent to one or more assignments or suble�
deemed to waive the requirement that Landlord's consent be obtained for
assignment or subletting.
3
1-757036.7
08/07/2007
=ral liability
ing, amounts:
y shall name
t be cancelled
er to Landlord
also maintain
er this Section
i when due all
�ult under the
it Tenant shall
, subject to all
ther covenants,
c) rezoning.. use
r the Permitted
the Parties
ribed by the
i date of the
at its own
hypothecate or
emises (each a
I -andlord which
[) circumstances
tire Premises.
Os shall not be
any subsequent
(C) Tenant agrees that Landlord may reject any proposed Transfer requiring
Landlord's approval that fails to satisfy any or more of the following requirements: (1) the
financial strength of the proposed Transferee must be at least equal to that of the existing Tenant
(both as of the commencement date of this Lease and as of the date of the proposed Transfer) and
the financial strength of the proposed Transferee must be at such level that Landlord would
generally approve the proposed Transferee as a tenant without regard to the continued liability of
Tenant; (2) the business reputation of the proposed Transferee must be in accordance with
generally acceptable commercial standards; (3) the proposed Transferee must be experienced in
operation of businesses in accordance with the use proposed by the Transferee and be licensed
and capable of performing the solid waste disposal activities authorized hereunder; (4) the use of
the Property by the proposed Transferee must comply in all respects with Section 4 of this Lease
and must not breach or violate any applicable Laws or any covenants, restrictions or agreements
affecting the Premises or Landlord; (5) no outstanding defaults exist under this Lease; and (6)
such other standards as are then commercially reasonable at the time of the proposed Transfer in
Landlord's business discretion.
(d) Each and every assignee shall be required to assume the obligations of
Tenant under this Lease by written agreement of which Landlord is a beneficiary. Each and
every subtenant shall be required to execute an agreement to continue or terminate its sublease,
at Landlord's option, in the event of any termination of this Lease prior to the expiration of the
then current Tenn, and such subtenant agrees to recognize and attorn to Landlord if Landlord
elects to continue such sublease. No sublease or other occupancy agreement shall be permitted
to be assigned or shall provide for further subletting or other grants of occupancy rights. Upon
Landlord's (or any successor Landlord's) sale or conveyance of the Premises and assignment of
this Lease to the transferee, Landlord (or any successor Landlord) shall be released from its
obligations under this Lease, except for liability accruing prior to such sale or conveyance.
Permitted Use. (e) No Transferee shall occupy or use the Property for any purpose except the
12. Force Majeure. Either Party shall be excused from performance and shall be
relieved of liability to the other to the extent that the Party's failure to perform is caused by an
act of force majeure. "Force majeure" shall mean any cause beyond the control and without the
fault or negligence of a Party, including, but not limited to, acts of God, terrorists or other public
enemy, acts of government (other than an act of the Party asserting force majeure), weather
conditions (including tornadoes, hurricanes and other storms), fires, floods, epidemics,
quarantine restrictions, or strikes affecting material or equipment suppliers of sole -source
providers of the Party. A Party whose performance is affected by an act of force majeure shall
use commercially reasonable due diligence to remedy the failure to perform.
13. Default. The happening of any one or more of the following events ("Events of
Default") shall constitute a default and a breach of this Lease for which Landlord shall have the
remedies set forth in Section 14 below:
(a) The failure of Tenant to perform or diligently proceed to perform any of
the other covenants, conditions or provisions of this Lease within thirty (30) days after written
notice from Landlord of such failure. However,, if the default cannot reasonably be cured within
4
1-757036.7
08/07/2007
said thirty (30) day period and if Tenant shall have diligently taken all reasonable d necessary
action to cure the default within said thirty (30) day time period, no Event of Default shall be
deemed to occur if Tenant proceeds to remedy the default promptly and diligently and if the
default is remedied within ninety (90) days after such written notice.
(b) The abandonment of the Premises.
(c) The appointment of a receiver for the property of Tenant, if such
appointment is not terminated within sixty (60) days; or the levy of execution or other taking of
property, assets or the leasehold interest of Tenant by process of law or in satisfaction of any
judgment, debt or claim, if such levy or other taking is not satisfied or dismissed within thirty
(30) days.
14. Remedies Upon Default. Upon the occurrence of one or more Events of Default
by Tenant, Landlord shall have the following remedies:
(a) Landlord may proceed as it deems advisable to enforce the provisions of
this Lease at law or in equity.
(b) Landlord at any time thereafter may, at its option, terminate this Lease by
giving Tenant at least thirty (30) days' advance written notice of the date the Term shall end, and
Tenant will then quit and surrender the Premises to Landlord, but Tenant shall remain liable
under this Lease as provided in this Section 14.
(c) Landlord may re-enter the Premises and may repossess the Premises.
Such re-entry and/or repossession may be effected by summary proceedings, ejectment or
otherwise. Upon such -re-entry or repossession, Landlord may dispossess Tenant and may
remove Tenant from the Premises without further notice to Tenant. Tenant waives any right to
notice of Landlord's intention to re-enter and waivers any right to re-enter the Premises or
restore the operation of this Lease provided for by any present or future law.
(d) Regardless of the remedy(ies) chosen by Landlord, Ten shall in any
event reimburse Landlord for all costs and expenses (including reasonable 7tttomeys' fees)
incurred by Landlord as a result of Tenant's default.
(e) In the event of Tenant's failure to perform or satisfy 4ny covenant or
obligation of Tenant under this Lease (regardless of whether such failure constitutes an "Event of
Default" under this Lease), Landlord shall have the right (in addition to the foregoing remedies
of Landlord under this Section 14) to perform such covenant or obligation (i) if no emergency
exists, after giving thirty (30) days notice to Tenant and provided Tenant has not commenced to
cure the default within the thirty (30) day period and thereafter is diligently pros cuting the same
to completion, and (ii) in an emergency situation, immediately upon giving such prior oral or
written notice to Tenant, if any, as is practicable given the nature of the emergency (otherwise
Landlord shall give Tenant written notice as soon thereafter as is practicable). Upon receipt of a
billing for the costs and expenses incurred hereunder by Landlord, Tenant shall reimburse
Landlord for such amounts. I
5
1-757036,7
08/07/2007
15. Notice. Notices or other communications required under this Lease shall be in
writing and shall be sent by certified mail, return receipt requested, by national overnight courier
company, or by personal delivery. Notice shall be deemed given upon receipt or refusal to
accept delivery. Each Party may change its respective address for notice hereunder by like
notice to the other Party to this Lease. The notice addresses are as follows:
The City:
City of Virginia Beach
City Manager's Office
Municipal Center, Bldg. 1
2401 Courthouse Drive, Suite 234
Virginia Beach, Virginia 23456
With a Copy to:
City Attorney's Office
Municipal Center, Bldg. 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
61 &".,
Southeastern Public Ser -vice Authority
The Regional Building
723 Woodlake Drive
Chesapeake, Virginia 23320
Attn: John S. Hadfield, Executive Director
With a Copy to:
Willcox & Savage, P.C.
1800 Bank of America Center
One Commercial Place
Norfolk, Virginia 23 5 10
Attn: Anthony M. Thiel, Esquire
16. Mediation and Litigation. Any dispute, claim or controversy between the Parties
arising under, out of, in connection with or relating to this Lease, or the transactions
contemplated thereby, or any course of conduct, course of dealing, statements (oral or written),
or actions of any Party relating to this Lease including any claim based on or arising from an
alleged tort (each, a "Dispute"), shall be resolved solely in the following manner: 4:1
(a) Mediation.
6
1-757036,7
08/07/2007
(i) Each Party shall cause its designee to first meet with the other
Party's designee and attempt to resolve the Dispute by agreement.
(ii) Failing resolution, either Party may submit to the other Party a
written request for non-binding mediation. Within twenty (20) days after such written request is
made, the Parties shall attempt to agree on a single mediator.
(iii) Mediation shall take place at the place or places and at the time or
times set by the mediator, but shall not be held in public. The rules of procedure, evidence and
discovery with respect to any mediation shall be as directed by the mediator. The Parties may be
represented at hearings before the mediator by an attorney.
(iv) The mediator's expenses shall be borne equally by the Parties.
(b) Litigation.
(i) If any Dispute is not resolved by mediation as provided above,
either Party may resort to litigation.
(ii) With respect to any litigation relating to any Dispute, each Party
irrevocably waives all rights to trial by jury.
17. 5urrender. Upon expiration or sooner termination of the Lease, Tenant will quit
and surrender possession of the Premises quietly and peaceably and in as good order and
condition as the same were at the inception of Term, consistent with Tenant's permitted use of
the Premises and reasonable wear, tear and damage by the elements or by Landlord excepted.
18. Miscellaneous. This Lease shall be governed and construed in accordance with
the laws of the Commonwealth of Virginia. This Lease sets forth the entire agreement and
understanding between the Parties with respect to the transactions hereunder and supersedes all
prior agreements, arrangements and understandings with respect to such transactions, but does
not change or alter in any respect the terms of the City's August 8, 1984 Use and Support
Agreement with SPSA or the August 8, 1984 Agreement for Disposal of Ash and Process
Residue between the Parties. Failure of any Party at any time or times to require performance of
any provisions hereof shall in no manner affect the right at a later time to enforce the provision.
No waiver by either Party of any condition, or the breach of any term, covenant, or condition
contained in this Lease, whether by conduct or otherwise, in any one or more instances, shall be
deemed a further or continuing waiver of any term, condition or covenant, of this Lease. Any
change to this Lease shall be made only in writing executed by the Party sought to be charged
thereby. The captions and paragraph headings are for convenience only and shall not be used in
construing or enforcing any of the provisions of this Lease. This Lease is executed under seal.
The inclusion of the word "(SEAL)" next to the signature lines below shall have the same effect
as if the applicable seal were physically affixed hereto. If any period or date under this Lease
would expire or fall on a weekend or holiday, such period or date shall be extended until the first
business day thereafter, The terms "herein", "her i cof", "hereunder", and similarl references shall
refer to this Lease as a whole and not to any particular provision unless otherwise clearly stated
herein. The term "include" or "including" shall mean without limitation by reason of
enumeration. Words importing the singular include the plural and vice -versa, and words
7
1-757036.7
08/07/2007
importing gender include the masculine, feminine and neuter gender. This Lease shall be
binding upon and inure to the benefit of the Parties and their respective successors and permitted
assigns.
[Signatures Appear on Following Pages]
8
1-757036.7
08/07/2007
WITNESS the following signatures and seals:
LANDLORD: CITY OF VIRGINIA BEACH, VIRGINIA
By:_
Name:
Title:
Approved as to form:
Title:
1-757036.7
08/07/2007
I
TENANT: SOUTHEASTERN PUBLIC SERVICE AUTHORITY
OF VIRGINIA
By:_
Name:
Title:
10
1-757036.7
08/07/2007
(SEAL)
Schedule I
of
A. Tenant, for and during the Term, agrees to receive and dispose of "White Goods" from
the City and any resident located therein ("Beneficiaries") at no cost, on the terms and conditions
set forth in this Schedule 1. For purposes of this Lease, "White Goods" shall mean and include
appliances of the type commonly known and referred to as white goods, including but not limited
to refrigerators, freezers, window and central air conditioners, stoves, washers, dry prs, hot water
heaters and dishwashers. White Goods shall not include televisions, microwaves, radios, stereo
equipment, computer monitors or other computer equipment except with Tenant's approval.
B. Landlord grants to Tenant the right to connect to all Utilities at or to the Recycling Site.
Tenant shall be solely responsible for the costs of maintaining and operating the Recycling Site
for the collection and disposal of White Goods and for the Additional Activities. Tenant shall
determine the hours of operation and any other policies or rules governing the use and operation
of the Recycling Site.
C. The Recycling Site shall be available to receive White Goods delivered by Beneficiaries
only during hours of operation established by Tenant, but no less than
Tenant shall have no responsibility for the collection of White Goods or for their delivery to the
Recycling Site. Tenant may in its sole discretion accept in connection with its Additional
Activities the following ("Other Materials"): (i) White Goods from parties other than the City
and (ii) from the City, other localities and other parties, recyclables (in addition tol White Goods),
household hazardous waste, used oil, lead acid and rechargeable batteries and compressed gas
cylinders. SPSA may fix and determine policies and procedures, including fees, for the receipt
of Other Materials, provided that the Recycling Site remains available for deliveries of White
Goods from Beneficiaries. Tenant shall be responsible for determining the materials that will be
accepted at the Recycling Site. Except as authorized in this Lease, Tenant may expand the
servicing operation or utilize the Recycling Site for other purposes only with the approval of
Landlord.
D. Tenant shall remove and properly dispose of White Goods and Other Materials received
at the Recycling Site in accordance with all Virginia Department of Environmental Quality
requirements. Tenant shall determine the frequency with which it removes material from the
danoerous,
Recycling Site for disposal, but shall prevent any accumulation of material that is Z --
unreasonable, or that impairs use and operation of the Recycling Site for acceptance of White
Goods from Beneficiaries. Tenant shall remove freon and any other gasses or malerials required
by law or sound environmental practice to be removed from White Goods prior to disposal, and
shall dispose of all White Goods and Other Materials in an environmentally resp risible manner.
Tenant shall be solely responsible for the costs of disposing of the White Goods and Other
Materials, and any components of them, and shall be entitled to retain any proceeds of that
disposal, including, but not limited to, the proceeds from the sale or other disposal of metals,
gasses, and other products.
I I
Error! JInknown document property name.
08/08/2007
E. The term "White Goods" shall not include, and Tenant shall not be required to receive or
accept for disposal, any material that is classified as hazardous waste under any local, state or
federal law or regulation in effect during the term of this Lease. Tenant may accept and dispose
of household hazardous waste materials received in connection with its Additional Activities.
Hazardous waste that is not White Goods or Other Materials is referred to herein as "Prohibited
Hazardous Waste." Landlord and Tenant agree to cooperate fully, and to use reasonable efforts,
to prevent the delivery of Prohibited Hazardous Waste to the Recycling Site. If Tenant discovers
Prohibited Hazardous Waste and is unable to reasonably identify the source of that waste, Tenant
shall take all steps necessary and appropriate for the containment thereof in a safe and reasonable
manner. Tenant shall promptly notify Landlord by telephone and in writing if any Prohibited
Hazardous Waste comes on to the Recycling Site. Landlord shall be responsible for the safe
removal and disposal of any Prohibited Hazardous Waste delivered by Beneficiaries. Tenant
shall be relieved of its obligations under this Schedule I to the extent that the Recycling Site is
rendered inoperable or Tenant's performance is otherwise prevented by the presence,
containment or removal of Prohibited Hazardous Waste.
12
Error! Unknown document property name.
08/08/2007
L. PLANNING
Application of JOSEPH and FAYE MATYIKO for the exp�
Use at 3257 Shady Pines Lane to construct an addition to an
DISTRICT 7 — PRINCESS ANNE.
RECOMMENDATION
of a Nonconformin2
Lg duplex.
DEFER TO AVGUST 28, 2007
2. Application of BARNETT K. THOUROGOOD for the e:
Use at 121 Butts Lane to make needed improvements to an
two storage units.
DISTRICT 6 — BEACH
RECOMMENDATION
3. 17ariance to §4.4(b) of the Subdivision Ordinance that requires nev
the requirements of the City Zoning Ordinance (CZO) in regard to
Subdivision Ordinance, Subdivision for PYONG TU CHO, at 121
Road to subdivide the existing lot into two lots and develop the
family dwelling. (deferred by City Council on January 9, 2007)
DISTRICT 5 — LYNNHAVEN.
RECOMMENDATION
4. Application of BELIEVER'S HOUSE WORLD WIDE MV�
Conditional Use Permit re a church and child care education
544 Newtown Road, Suite 136.
DISTRICT 4 — BAYSIDE
RECOMMENDATION
of aAonconLorming
structure and adding
OVAL
y created lots meet all
trtain elements of the
� North Inlynnview
,ew lot with a single
DENIAL
ES for a
(private school) at
APPROVAL
5. Application of CHECKERED FLAG MOTOR CAR COMPANY for a Conditional
Use Permit re motor vehicle sales, rentals and service at 5193 Virginia Beach
Boulevard (referred back to the Planning Commission on April 24, 2007).
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
6. Application of HENRY C. SCOTT for a Conditional Use
facility of an outdoor nature (skateboard ramp) at 2425
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
7. Application of RICHARD F. ROBERTSON for a Change of
Classification from B-2 Community Business District to R-20'
5536 and 5544 Parliament Drive to make the zoning of the pro]
the existing residential use.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
re a recreational
- Court
APPROVAL
, District
ntial District at
consistent with
APPROVAL
8. Application of JOANNE S. FERRELL and EDITH JOHANNA SMITH for a Change
ofZoning District Classification from R-51) Residential District to Conditional B-2
Community Business District at 213 and 217 Louisa Avenue to enlarge the existing B-2
zoning to combine the rear portions of the property with the adjacent parcel to the west
fronting on First Colonial Road.
DISTRICT 6 — BEACH
RECOMMENDATION DEFER TO SEPTEMBER 11, 2007
9. Application of AGC ACQUISITION, L.L.C. for a Change ofZoning District
Classification from AG -2 Agricultural District to Conditional B-4 Mixed Use District at
1291 Nimmo, Parkway to develop a strip retail center and multi -family dwellings
(indefinitely deferred by City Council on July 10, 2007).
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION INDEFINITE DEFERRAL
10. Application of SOUTH HAMPTON ROADS HABITAT FOR HUMANITY, INC. for
a Chanize ofZoninz District Classilication from R-7.5 Residential District to
Conditional A-12 Apartment District on the east side of Zurich Arch south of 1-264 re
the construction of a ten (10) unit residential condominium.
DISTRICT 3 — ROSE HALL
RECOMMENDATION INDEFINITE DEFERRAL
11. Application of PRINCESS ANNE COUNTRY CLUB, INC. for a Modijlcation of
Conditions placed upon a change in a Nonconforming Use (approved by City Council on
March 12, 199 1) at 3 800 Pacific Avenue for a request to allow three of the outdoor
tennis courts to be enclosed with an air -supported structure on a seasonal basis
December 1 through March 31.
DISTRICT 6 — BEACH
RECOMMENDATION
rfly.,"
12. An Ordinance to AMEND Section 200 of the City Zoning Ordinance (CZO) by
establishing minimum setbacks from certain bodies of water for single family and
duplex dwellings.
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City Of
Virginia Beach will be held in the Council Charriber o! th�
City Hall Building, Municipal Center, Virginia Beach,
Virginia, or Tuesday, August 14, 2007 at
6:00 P.M., at which time the following applications
will be heard:
Ordinance to Amend Section 200 of the City Zomng
Ordinance by Establishing Minimum Setbacks from
Cerlam Bodies of Water for Residential Dwellirgs
DISTRICT 7 - PRINCESS ANNE
Joseph Matyiko & Faye Matyiko Application: Expansio
pf a Nonconforming Use at 3257 Shady Pines Lane
,GPIN 1483732667).
Henry C. Scott Application: Conditional Use Permit for z
recreational facility of an outdoor nature (skateboard
ramp) at 2425 Melstone Court (GPIN 2404677636).
AiCUZ;s 65 to 70 c1B DNL.
AGC Acquisition, L.L.C. Application: Change of Zonin
District Classification from AG -2 Agricultural District to
Conditional B-4 Mixed Use District at 1291 Nimmo
Parkway iGPIN 2414161683). The Comprehensive Plan
recommends use of this site for neighborhood office and
single-family residential uses. The purpose of this
rezoning is to develop a strip retail center and multi-
family dwellings. AICUZ is 65 to 70 dB Ldn.
DISTRICT 5 - LYNNHAVEN
Appeal to Decisions of Administrative Officers in regarc
to certain elements of the Subdivision Ordinance.
Subdivision for Pyong Tu Cho, at 121.2 North Inlyrinview
Road (GPIN 1498459841). Deferred by City Council on
January 9, 2007.
DISTRICT 6 - BEACH
Princess Anne Country Club, Inc. Application:
Modification of Conditions placed upon a Change in
Nonconforming Use for a request approved by City
Council on March 12, 1991 at 3800 Pacific Avenue
lGPIN 2418942388).
Joanne S. Ferrell & Edith Johanna Smith Applicatior
Change of Zoning District Classification from R-51)
Residential District to Conclitonal B-2 Community
Business District at 213 and 217 Louisa Avenue (GPINS
2407856101: 2407856107). The Comprehensive Plai
designates this site as being within the Primary
Residential Area, suitable for appropriately located
suburban residential and non-residential uses
consistent with the policies of the Comprehensive Plan.
The purpose of this rezoning is to enlarge the existing
B-2 zoning to the west into the adjacent area within
Accident Potential Zone 1. AICUZ is Greater than 75 dS
Ldn AND Accident Potential Zone 1.
Barnett K. "Karl" Thourogood Application: Expansion o
a Nonconformina Use at 121 Butts Larve (GPIN
2417533592).
DISTRICT 4 - BAYSIDE
Beiiever's House World Wide Ministries Application
Conditional Use Permit for a church and pr!vate school
i -,t 544 Newtcwn Road, Suite 136 (GPIN 1468303340).
AICUZ is Less Than 65 clB DNL.
DISTRICT 2 - KEMPSVILLE
Richard F. Robertson Application: Change of Zonin
District Classification from B-2 Community Business
District to R-20 Residential District at 5536 and 5544
Parl;amenr Drive (GPINs 1467232861: 1467233789).
The Comprehensive Plan designates this site as being
.4 ithin -he Primary Residential Area, suitable fo
appropriately located suburban residential and nom
residential uses consistent with the policies of the
Comprehensive Plan. The purpose of this rezoning is to
make the zoning of the property consistent with the
exist;ng residential use. AICUZ is Less Than 65 clB DNL.
Checkered Rag Motor Car Company Application:
Conditional Use Permit for motor vehicle sales, rentals
and service at 5193 Virginia Beach Boulevard (GPiN
14677622741. AICUZ is Less than 65 clB Ldn.
All mterested citizens are invited to attend.
—2
Rut.� Hodges Fraser, MMC
City Clerk
Copies of the popcsed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning or online at
hftp://www.vbgov.com/ For information call
385-4621.
if you arc physically disabled or visually Impaired
and reed assistance at this meeting, please call the
CITY CLERK'S OFIFICE at 385-4303.
B, a -:C:1 j."d 29 & A�g
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution authorizing the Enlargement of a Nonconformin%,Use on
property located at 3267 Shady Pines Lane. DISTRICT 7 — PRI CESS
ANNE
MEETING DATE: August 14,2007
Background:
The applicant requests approval of the construction of an addition to an existing
duplex located on an existing parcel, zoned AGA and AG -2 Agricultural.
Duplexes are not permitted uses in the Agricultural districts, and thus, the duplex
is non -conforming. City Council approval is necessary to allow any modification
to the building.
0 Considerations:
Staff's evaluation of this request is not complete, and thus a deferral for two
weeks is requested. The applicant is aware of the deferral.
0 Recommendations:
Deferral to August 28 is recommended.
Attachments:
Location Map
Recommended Action: Deferral to August 28.
Submitting DepartmentfAgency: Planning Department
City Manage��r
AX- r 'T
Ac
iP
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use
on Property located at 121 Butts Lane (GPIN 2417533592). DISTRICT
6 — BEACH.
MEETING DATE: August 14, 2007
Background:
The existing multi -family residential structure located on the site was constructed
in 1940, before there was any zoning in Princess Anne County or the Town of
Virginia Beach. There are four (4) dwelling units in the structure. The R-7.5
Residential District permits single-family dwellings, and does not permit multi-
family dwellings; therefore, the structure is considered nonconforming and any
alterations to the structure require approval by City Council.
Considerations:
The applicant is requesting modification of the structure by replacing the existing
flat roof of the building with an A -frame, gable roof. The applicant also desires to
install two 8 -foot by 12 -foot (8'xl 2') storage units along the rear (eastern) side of
the building. The two storage units will be evenly divided to create four for use by
each dwelling unit. The applicant has already installed new windows and doors
on the building, and is in the process of installing vinyl siding on the northern,
eastern, and southern exterior walls of the building.
The site is in an AICUZ of more than 75 dB Ldn and an Accident Potential Zone
(APZ) 11 surrounding NAS Oceana. Residential dwellings are not compatible
within this AICUZ and APZ; however, the dwellings have existed for more than a
half -century and no increase in density is being proposed by this application. The
applicant is merely requesting permission to make needed improvements to the
existing structure.
Recommendations:
Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use
may be modified only if the City Council finds that the proposed use, as modified,
will be "equally appropriate or more appropriate to the district than is the existing
nonconformity."
Staff concludes that the proposed alteration to the roof and the addition of
storage units for the use of the existing residents is reasonable, will have a
minimal impact, and is as appropriate to the district as the existing non-
conforming use. The request is acceptable as submitted with the conditions
below.
Barneft K. "Karl" Thourogood
Page 2 of 2
1. The applicant shall install a 5/12 pitched gable roof as depicted on the
submitted elevations. The elevations have been exhibited to the Virginia
Beach City Council and are on file in the Planning Department.
2. The applicant may install two 8 -foot by 12 -foot (8'xl2') storage units to be
used for the residents of the multi -family structure. The storage units shall
meet minimum 30 -foot front yard setback and five-foot rear and side yard
setbacks.
3. The applicant shall install a minimum of four parking spaces on the site.
The spaces shall be arranged so that any automobile may enter and exit
the parking space without requiring moving of another vehicle.
Attachments:
Staff Review
Disclosure Statement
Location Map
Resolution
Recommended Action: Staff recommends approval.
Submitting Department/Agency: Planning Department
it
City Manageg:� � L
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 121 BUTTS LANE, BEACH DISTRICT
4 WHEREAS, Barnett K. "Karl" Thourogood (hereinafter the "Applicant"), has made
5 application to the City Council for authorization to enlarge a nonconforming use with the
6 alteration of a roof line and the addition of storage sheds on a multi -family structure on a
7 certain lot or parcel of land having the address of 121 Butts Lane, in the R-7.5
8 Residential District; and
9 which is
10 WHEREAS, the said use is nonconforming, as it is multi -family structure
11 not presently allowed in the R-7.5 Residential District. This dwelling was constructed
12 prior to the adoption of the Princess Anne County or Town of Virginia Beach Zoning
13 Ordinance; and
14 nce, the
15 WHEREAS, pursuant to Section 105 of the City Zoning Ordina
16 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
17 City Council authorizing such action upon a finding that the proposed use, as enlarged,
18 will be equally appropriate or more appropriate to the zoning district than is the existing
19 use;
20 CITY OF
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
22 VIRGINIA BEACH, VIRGINIA:
23 That the City Council hereby finds that the proposed use, as enlarged, will be
24 equally appropriate to the district as is the existing use.
25 VIRGINIA
26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
27 BEACH, VIRGINIA:
28 That the proposed enlargement of the multi -family dwelling is hereby authorized,
29 upon the following conditions:
30
31 1. The applicant shall install a 5/12 pitched gable roof as depicted on the
32 submitted elevations. The elevations have been exhibited to the Virginia
33 Beach City Council and are on file in the Planning Department.
34 2. The applicant may install two 8 -foot by 12 -foot (8'xl2') storage units to be
35 used for the residents of the multi -family structure. The storage units shall
36 meet minimum 30 -foot front yard setback and five-foot rear and side yard
37 setbacks.
38 3. The applicant shall install a minimum of four parking spaces on the site.
39 The spaces shall be arranged so that any vehicle may enter and exit the
40 parking space without requiring moving of another vehicle.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the_ day of
43 August, 2007.
AP
JaVED k TO TENT: APPROVED AS TO LEGAL
INN& S
Plannind Cit� Attorney's Office
CAl 0469
R-1
August 1, 2007
BARNETT K.
"KARL"
THOUROGOOD
August 14, 2007 City Council
Meeting
Staff Planner: Faith Christie
REQUEST:
Modification of a Nonconforming Use for
the roof of a nonconforming four -unit buill
ADDRESS / DESCRIPTION: Property located 121 Butts Lane
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24175335920000 6 - BEACH 11,500 square feet
SUMMARY OF REQUEST
The existing multi -family residential structure located on the site was constructed in 1940, before there
was any zoning in Princess Anne County or the Town of Virginia Beach. There are four (4) dwelling units
in the structure. The R-7.5 Residential District permits single-family dwellings, and does not permit multi-
family dwellings; therefore, the structure is considered nonconforming and any alterations to the structure
require approval by City Council.
The applicant is requesting modification of the structure by replacing the existing flat roof of the building
with an A -frame, gable roof. The applicant also desires to install two 8 -foot by 12-fodt (8'xl2') storage
units along the rear (eastern) side of the building. The two storage units will be evenly divided to create
four for use by each dwelling unit. The applicant has already installed new windows and doors on the
building, and is in the process of installing vinyl siding on the northern, eastern, and southern exterior
walls of the building.
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A structure containing four (4) dwelling units and a portion of a single-family dwelling
occupies the site.
SURROUNDING LAND North: * Single-family dwellings / R-7.5 Residential
USE AND ZONING: South: * Butts Lane
0 Across Buffs Lane are single-family dwellings / R-7.5
Residential
East: 0 Single-family dwellings / R-7.5 Residential
West: 0 Single-family dwellings / R-7.5 Residential
NATURAL RESOURCE AND The site is grassed. There are no natural resources or cultural features
CULTURAL FEATURES: associated with the site.
AICUZ: The site is in an AICUZ of more than 75 dB Ldn and an Accident
Potential Zone (APZ) 11 surrounding NAS Oceana. The applicant is
requesting permission to make needed improvements to an existing
structure and is not increasing density or changing use.
IMPACT ON CITY SERVICES
There is no impact to City services.
Staff recommends approval of this EVALUATION AND RECOMMENDATION
request.
The proposed alteration to the roof and the addition of storage units for the residents is reasonable, will
have a minimal impact, and is as appropriate to the district as the existing non -conforming use. The
request, therefore, is acceptable as submitted with the conditions below.
CONDITIONS
1. The applicant shall install a 5/12 pitched gable roof as depicted on the submitted elevations. The
elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning
Department.
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
Page 2
2. The applicant may install two 8 -foot by 12 -foot (8'xl 2') storage units to be used for the residents of the
multi -family structure. The storage units shall meet minimum 30 -foot front ya setback and five-foot
rear and side yard setbacks. rI
3. The applicant shall install a minimum of four parking spaces on the site. The spaces shall be arranged
so that any automobile may enter and exit the parking space without requiring moving of another
vehicle.
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.
Barnett K. �"Karl" Thourogood
August 14, 2007 Ci Council Meeting
Page 3
AERIAL OF SITE LOCATION
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
Page 4
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BARNETr K THOUROGOOD
VIRGINtA BEACH. VIRGINIA
SCALE: V - 2V APW 17 2W
JOHN E. SIRINE AND ASSOCIATES, LTD.
SU;IVEYORS - ENGINEERS - PLANNERS
VIAGINIA BEACH. ViRGIPQA
SITE SURVEY
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
I Page 5
LL
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BARNETr K THOUROGOOD
VIRGINtA BEACH. VIRGINIA
SCALE: V - 2V APW 17 2W
JOHN E. SIRINE AND ASSOCIATES, LTD.
SU;IVEYORS - ENGINEERS - PLANNERS
VIAGINIA BEACH. ViRGIPQA
SITE SURVEY
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
I Page 5
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Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
Page 6
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Barnett K
August 14, 2007 C
arl" Thourogood
Council Meeting
Page 7
1.
1 '
4/22/'
4/22/03
g2.2/10/98
Conditional Use Permit (Church)
Rezoning (R-10 Residential to 1-1 Light Industrial)
-Approved
Approved
im]
3.
2/27/89
Rezoning (R-1 0 Residential to 1-1 Light Industrial)
Approved
4.
6/26/01
Reznninq 'R — Residential to B-1 Business)
Approved
1 5.
2/13/07
Subdivision Variance
Approved
6.
8/8/06
Conditional Use Permit (Church)
Approved
7.
10/24/06
Rezoning (R-10 Residential and F1 Light Industrial to
Approved
Conditional 1-1 Light Industrial)
ZONING HISTORY
Barnett K. "Karl" Thourogood
August 14, 2007 City Council Meeting
Page 8
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Barnett K. �"Karl" Thourogood
August 14, 2007 Ci Council Meeting
Page 9
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Barnett K. �"Karl" Thourogood
August 14, 2007 Ci Council Meeting
Page 9
-49 -
Item V-L.Z
PLANNING iTEM # 55984
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Councii DEFERRED
INDEFINITELY _Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North
Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling.
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho -
Property is located at 1212 North In�mnview Road (GPIN 1498459841).
DISTRICT 5 — LYNNHA VEN
Voting: 11-0 (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, Mayor Meyera E.
Oberndorf John E Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
January 9, 2007
Gpin 1498-45-9841
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho. Property
is located at 1212 North lnlynnview Road (GPIN 1498459841). DISTRICT 6 —
LYNNHAVEN
MEETING DATE: August 14,2007
E Background:
The existing lot has 1.79 acres, a lot width of 187.07, and is zoned R-40
Residential District. There is an existing single-family house located on the lot.
The lot is impacted by the Chesapeake Bay Preservation Area, Resource
Protection Area. The applicant has obtained approval from the Chesapeake Bay
Board for the construction activity proposed with this proposal.
The City Council indefinitely deferred this application on January 9, 2007, at the
request of the applicant. The applicant has now requested that the matter be
returned to the City Council for consideration. The applicant has submitted a
revised subdivision plat (page 7 of attached report) that reduces the size of the
proposed house shown on the parcel from 5,200 square feet to 4,200 square
feet. The applicant has also submitted letters of support and a petition of support
for the proposal.
E Considerations:
It is the intent of the applicant to subdivide the existing lot into two lots and
develop the new lot with a single-family dwelling. The lot that will contain the
existing house lacks the required lot width of 125 feet. According to the submitted
plat, the lot has a width of only 25.04 feet.
Evaluation of this request reveals that the applicant has not met the criteria listed
in Section 9.3 of the Subdivision Ordinance for a variance. Application of the
existing ordinances and regulations produces no undue hardship upon the site.
The site can still be used and or redeveloped in accordance with the current
ordinances and regulations. The existing lot shares the same topographical
characteristics as other lots within the area and thus, this is not a valid reason for
granting the variance. The existing neighborhood will be adversely affected with
the introduction of lots smaller in size than those currently existing on the
waterside of the street. While several variances to lot width have been approved
in the past, those requests produced lots varying in size from 88,000 square feet
to 33,500 square feet outside of water, marsh and wetlands. This request
proposes lots of 28,628 square feet and 26,821 square feet outside of water,
Pyong Tu Cho
Page 2 of 2
marsh and wetlands. Thus, this proposal is not comparable to past subdivision
variance actions.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11 -0 to deny
this request.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Plan ing Commission recommends denial.
Submitting Department/Agency: Planning Department
City Manage 1� k—
PYONG TU CHO
Agenda Item 7
December 13, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance that requires all newly
created lots meet all the requirements of the
City Zoning Ordinance.
ADDRESS I DESCRIPTION: 1212 Inlynnview Road.
GPIN:
1498459841
Alap H,[-5 on Tu Cho
M- N.,
R- 4 4A1 LYNNHAVEN BAY
R-40
R, -40 �-4 'I
Gpm 1498-45-9841
COUNCIL ELECTION DISTRICT: SITE SIZE:
5-LYNNHAVEN 77,913 square feet (1.79 acres)
Existing Lot: The existing lot is 1.79 acres and 187.07 feet in SUMMARY OF REQUEST
width.
Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots and develop the
new lot with a single-family dwelling. The new lot lacks the required lot width of 125 feet. According to the
submitted plat, the lot has a width of only 25.04 feet.
Lot Y-1
Lot Width in feet 125 162.03
-
LQ'�
'001 0 , 1 22
Lot Area in square feet 40,0 40,122
7'
726,821 T
125.04*
44,364
Lot Area in square feet
outside of water, marsh or
1 24 000 26 , 82 1
28,628
.
wetlands .00
Wariance requirea
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling and associated accessory uses occupy the site.
SURROUNDING LAND North: 0 Lynnhaven Bay
PYONG TU CHO
Agenda Item 7
Page I
USE AND ZONING: South: 0 lnlynnview Road
East: a Single-family dwelling / R-40 Residential
West: 0 Single-family dwelling / R40 Residential
NATURAL RESOURCE AND The site is within the Resource Protection and Management areas of the
CULTURAL FEATURES: Chesapeake Bay Preservation Area. The applicant received a variance
from the Chesapeake Bay Board on July 24, 2006 for construction
related to a new dwelling on the proposed lot. The following conditions
are attached to the variance:
1 - A pre -construction meeting shall be convened with Civil
Inspections prior to any land disturbance, inclusive of
demolition.
2. A 36" wire re -enforced silt fence shall be installed prior to any
land disturbance and shall remain in place until such time as
vegetative cover is established.
3. Permanent and / or temporary soil stabilization as determined
by staff shall be applied to all disturbed / denuded areas prior
to a final building inspection or certificate of occupancy.
4. Construction limits shall lie a maximum of 15' seaward of
improvements.
5. The construction access way shall be noted on the site plan as
well as the stockpile staging area.
6. Stormwater from existing and proposed impervious cover
associated with both lots shall be conveyed to stormwater
management facilities.
7. If and when the shoreline is re -hardened, a rip -rap revetment
shall be constructed in lieu of a vertical retaining structure
(vinyl, timber or steel bulkhead). The toe of said revetment
shall lie at or landward of mean high water or tidal vegetated
wetlands. Said condition shall be so noted on the site plan.
8. Under deck treatment of sand and gravel shall be installed.
9. A maximum of 10% of Lot Y-1 and 5% of Lot Y-2 of the
residual yard area not devoted to impervious cover may remain
in turf. The residual 90% and 95% respectively, shall be
devoted to buffer restoration — approximately 18,086 square
feet for Lot Y-1 and approximately 19,390 square feet for Lot Y-
2. Said restoration shall utilize bayscape landscaping principles
and incorporate a mulch layer of organic material 4" — 6" in
depth. In addition to the aforementioned buffer restoration, a
minimum of 34 trees shall be installed for Lot Y-2 and thirty-
four (34) trees for Lot Y-1, tree species shall be comprised of
50% deciduous and 50% evergreen, and shall be evenly
distributed throughout the lots to the greatest extent possible.
Required buffer restoration and tree installation for Lot Y-2
shall occur prior to final plat recordation. Required buffer
restoration and tree installation for Lot Y-1 shall occur prior to
the issuance of the certificate of occupancy. Said condition
shall be so noted on the site plan.
PYONG TU CHO
Agenda Item 7
Page 2
10. A separate landscape / buffer restoration plan for each lot shall
be submitted concurrent with the site plan / preliminary
subdivision reviews detailing location, number, and species of
vegetation to be installed. The landscape plan shall clearly
delineate existing naturalized area (forest floor), planting beds,
and turf zones.
11. The conditions and approval associated with this variance are
based on the site plan dated April 1, 2006, prepared by Gallup
Surveyors and Engineers Ltd.
12. There shall be no pier constructed for Lot Y-1 and Y-2 beyond
what exists today, exclusive of sub -aqueous bottom.
13. A revised site plan shall be submitted to the Department of
Planning, Development Services Center for review and
approval prior to the issuance of a building permit.
AlCUZ: The site is in an AlCUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIPI:
lnlynnview Road is a residential dead end street. There are no traffic counts for the street. Addition of
one home will generate ten (10) additional ADT.
WATER & SEWER: An eight -inch City water main increases to a 10 -inch City water main in Inlynnview Road.
The site has an existing water meter, which may be used or upgraded. A separate water meter will be required
for the new lot.
There is an eight -inch City gravity sanitary sewer force main on Inlynnview Road fronting the lot. The site is
connected to City sanitary sewer. A separate sanitary sewer connection will be required for the new lot.
Analysis of Pump Station 215 and the sanitary sewer collection system will be required to ensure future flows
can be accommodated.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship. djacent property,
B. The authorization of the variance will not be of substantial detriment to a
and the character of the neighborhood will not be adversely affected.
PYONG TU CHO
Agenda Item 7
Page 3
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends denial of this request.
Evaluation:
Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 and
provided above. Application of the existing ordinances and regulations produces no undue hardship upon
the site. The site can still be used and or redeveloped in accordance with the current ordinances and
regulations. The existing lot shares the same topographical characteristics as other lots within the area
and thus, this is not a valid reason for granting the variance. The existing neighborhood may be adversely
affected with the introduction of lots smaller in size than those currently existing on the waterside of the
street. While several variances to lot width have been approved in the past, those requests produced lots
varying in size from 88,000 square feet to 33,500 square feet outside of water, marsh and wetlands. This
request proposes lots of 28,628 square feet and 26,821 square feet outside of water, marsh and
wetlands. Staff, therefore, cannot support the request.
PYONG TU CHO
Agenda Item 7
Page 4
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Agenda Item 7
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PYONG TU CHO
Agenda Item 7
Page 7
1.
5/23/00
Subdivision Variance
Approved
2.
3/12/90
Subdivision Variance
Approved
3.
11/25/85
Subdivision Variance
Approved
ZONING HISTORY
PYONG TU CHO
Agenda Item 7
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DISCLOSURE STATEMENT
PYONG TU CHO
Agenda Item 7
Page 9
Item #7
Pyong Tu Cho
Subdivision Ordinance
1212 North Inlynnview Road
District 5
Lynnhaven
December 13, 2006
REGULAR
Barry Knight: Mr. Secretary, please call the first item in our regular agenda for the public
hearing.
Joseph Strange: The next item is item #7, Pyong Tu Cho. Appeal to Decisions of
Administrative Officers in regard to certain elements of the Subdivision Ordinance,
Subdivision of Pyong Tu Cho. Property is located at 1212 North Inlynnview Road,
District 5, Lynnhaven.
Barry Knight: Do you have a representative for the applicant?
Ed Weeden: Richard Bartlett.
Barry Knight: Is the applicant present?
Richard Bartlett: A representative of the applicant.
Barry Knight: That is fine. Welcome sir. Please state your name for the record.
Richard Bartlett: My name is Richard Bartlett. I'm here on behalf of Mr. Pyong Tu Cho.
This is Paul. This is his son.
Paul Cho: My name is Paul Cho.
Richard Bartlett: Mr. Cho desires to subdivide this property. I could have one of the
slides? One more please. In Lot Y-1, which is left of the green line shown and Y-2,
which is right of the green line shown there. It is presently a residence, which Mr. Cho
occupies. Just below the letter Y to Lot Y-2, and that his is principal residence. The
intent is to subdivide it so he can build another single-family residence on Lot Y- I for his
son, who is in Chicago. Mr. Cho started this process last spring, and in the spring of
2006, when the Chesapeake Bay Preservation Act variance was requested. And I fully
understand the difference between the Planning Commission and the CBPA Board. He
went through the process of the CBPA and the CBPA approved, based on that indication
there, a variance for that CBPA plan on July 24, 2006. The next step after that was to
come before the Planning Commission; therefore, we request permission to legally
subdivide the property so we can move forward on this. In the timeframe from July to
when we made the application on behalf of the Cho's, Paul, Mr. Cho's son, has canvassed
the neighborhood, having signatures or comments in support of this process here, and on
North Inlynnview Road, and if you can go back a little bit? Go back please? On North
Inlynnview Road, you can see it sort of goes to the left where the Crossness property is
and then takes that left at the bottom of the screen. We've contacted about 80 percent of
the residents along there, and everyone that he has contacted has signed a signature page
that was submitted with the application package in support of that. The 20 percent that he
didn't get are where they were not home where did not sign it. They didn't express a
desire not to have it done, but they were either not available or desired not to sign it. He
has received no opposition from neighbors whatsoever in support of this. The other thing
that I wanted to note and it's important. Paul is going to hold this up here. Previous
Planning Commissions have approved subdivision of lots in the neighborhood. I don't
know if you can all see this.
Ed Weeden: Mr. Bartlett? Try to stay next to the microphone.
Richard Bartlett: I'm sorry. Okay. The green arrow here is Mr. Cho's lot. The orange
rectangular coming out is Mr. Cho's lot. All the other red arrows are subdivided lots.
These lots have all been subdivided with approval from previous Planning Commissions.
There was a concern expressed that subdividing Mr. Cho's lot, which is approximately 2 -
acres, and if we can go back again, Y- 1 and Y-2 are approximately I -acre. I think one is
.92 and 1.04. 1 think it is about 2 -acres. Several of these subdivisions have also been
split, and that I -acre, and specifically Lot 3, have been separated into lots that are I -acre,
as well as Lots 5 and 6 have and Lot 8. There have been other lots established through
subdivision process that approximately equate the land area. Mr. Cho's should be
subdivided. What were asking is that the Planning Commission be consistent with past
Planning Commission rulings and apply the same criteria and allow him to subdivide his
lots into two, approximately I -acre lots for future residential construction on Lot Y-2.
Barry Knight: Thank you. Are there any questions for Mr. Bartlett? We don't have any
other speakers do we Mr. Strange?
Joseph Strange: No.
Barry Knight: No. Okay. Ms. Wood?
Dorothy Wood: Mr. Bartlett, you do know that we did receive a letter from 4 neighbor
who is in opposition.
Richard Bartlett: I am not aware of that.
Dorothy Wood: You have signatures from your adjacent neighbors, both of them, and the
people across the street?
Paul Cho: Next door ma'am. We have the adjacent. Yes.
Dorothy Wood: Both sides?
Paul Cho: Not both sides, only one side.
Dorothy Wood: And the other side was objecting?
Paul Cho: Yes.
Barry Knight: Ms. Katsias?
Kathy Katsias: Could you show us on that site plan which neighbor objected?
Barry Knight: There is a laser right there Mr. Bartlett.
Richard Bartlett: This neighbor right here objected. We are not aware of the objection,
because we don't have any record of any objection.
Barry Knight: Would that be Mr. Edwards? Does Mr. Edwards live there?
Paul Cho: Mr. Edwards lives across the street. He lives right there.
Dorothy Wood: Yeah.
Barry Knight: Okay.
Richard Bartlett: His house is for sale.
Barry Knight: Are there any other questions? Mr. Bernas?
Jay Bernas: Could you show with the laser on that map you got, you have arrows where
there were other subdivisions. Can you use the laser to show as existing lots, which
ones?
Richard Bartlett: This lot right here was subdivided and this lot here.
Dorothy Wood: How big is that lot now?
Richard Bartlett: Lot 3? Let me see. That is a result of a subdivision and those lots were
3.45 acres, 1.5 acres, .92, 1.87, and .97. All of these lots here have been subdivided on a
larger parcel now consist of those five numbers here. So they run the gamut of .92 acres
to 3.45 acres.
Barry Knight: Ms. Katsias?
Kathy Katsias: So, these two lots that you are trying to subdivide would be just a little bit
more than a half -acre?
Richard Bartlett: No.
Kathy Katsias: 25,000 square feet?
Richard Bartlett: No. They would be .92 acres and 1. 02 acres.
Kathy Katsias: Okay.
Barry Knight: is that of high land?
Richard Bartlett: I'm sorry. I didn't hear you.
Barry Knight: Is that total acreage including high land and land that is in floodplain?
Richard Bartlett: That is total acreage of the lot.
Barry Knight: Total acreage. Mr. Ripley?
Ronald Ripley: I don't know anything about the other variances at all. Since I've been
on here, I don't think we've had any in this neighborhood. I can't recall any. But the staff
had a problem because they couldn't find whether it was a hardship. Can you tell us what
the hardship is that we need to address, because that is really what we need to look at
here?
Richard Bartlett: Right. And I understand that.
Ronald Ripley: What is the hardship?
Richard Bartlett: The only hardship that we are approaching here is that consistency be
applied from previous Planning Commissions.
Ronald Ripley: That is the hardship?
Richard Bartlett: Yes. Let's not single out where other Planning Commissions have
allowed it.
Ronald Ripley: How is that a hardship? I don't understand. Is there a hards p relating
to the property itself?
Richard Bartlett: There is no hardship to the property itself. it is just the tre itment of the
individual.
Ronald Ripley: Okay. So this is some sort of policy hardship basically that you are
interpreting?
Richard Bartlett: I wouldn't say policy. Whatever term you want to use, it is the
standards of existence to the City of Virginia Beach.
Ronald Ripley: Okay. I understand. Thank you.
Richard Bartlett: Thank you.
Barry Knight: Are there any other questions? Ms. Wood?
Dorothy Wood: When was the adjacent property subdivided? I don't remember it either,
and I've been on for seven years.
Richard Bartlett: These here?
Dorothy Wood: Yes sir.
Richard Bartlett: 1987.
Dorothy Wood: Quite a while ago. The Planning Commissions have changed through
the years.
Richard Bartlett: Yes. I understand that none of you here were on the Planning
Commission in 1987.
Dorothy Wood: Thank you.
Barry Knight: Are there any other questions?
Richard Bartlett: A couple of others were after that.
Dorothy Wood: But they are not exactly in the neighborhood, are they, like Brittany
Estates isn't exactly in the neighborhood?
Richard Bartlett: Lot 2, which is right next to it, was done in 2000. It is just acreage. Lot
1, 2005, Lot 2 was 2000; so, we've had subdivisions in that area. My first comments
were those that were comparable areas.
Barry Knight: Mr. Henley has a question.
Al Henley: The lot that will be created where the new home will go, you said it was
roughly little over an acre. Approximately, what area of that parcel is wetland, marsh or
water?
Richard Bartlett: A percentage?
Al Henley: Yes.
Richard Bartlett: My recollection of it, and I don't have a calculator but you'r� look at
about 10 percent or so.
Al Henley: So, 10 percent would be wetlands? The second question is that the resident
to the left, the resident who lives there subdivided that parcel some years ago?
Paul Cho: Next to the left they just built a house, and last year they moved in.
Al Henley: Okay.
Ed Weeden: Mr. Cho, you need to get to the mic.
Paul Cho: Oh, I'm sorry. Right next to the left lot, they built a house, and they moved in
last year. 03 8 and 48 1, and all three lots were one owner. They subdivided it.
Al Henley: Okay. Thank you.
Barry Knight: Are there any other questions for the applicant? Thank you sir.
Richard Bartlett: Thank you.
Paul Cho: Thank you.
Barry Knight: Mr. Secretary, you said we have no more speakers?
Joseph Strange: No other speakers.
Barry Knight: We'll open it up for discussion among the Commission members. Ms.
Anderson?
Janice Anderson: I would like to say hello to Paul. I haven't seen you in a long time.
I've known Paul for several years, and his parents. They run a business near London
Bridge, which I frequented several times, and they are - I think the world of Paul and his
parents. So, they are wonderful people. But, I have reservations of supporting this,
because I do not believe it meets the criteria we're supposed to look for a hardship. And,
the hardship is really supposed to be for the sub ' division. And the hardship i4 in the
property and not in finance where it would be convenient for the Cho's to subdivide the
property because they have sufficient land to put their son's house there. I know that is
what they desire, but that is not a hardship. The property is rectangular shaped. It is not
unusually large and I just can't believe, and we've got some letters from neighbors that
say that they believe that it negatively impacts their neighborhood and the character of it.
I just don't think it meets the qualifications.
Barry Knight: Thank you Ms. Anderson. Is there anyone else? Ms. Katsias?
Kathy Katsias: As the Lynnhaven representative, I totally agree with Ms. Anderson, and
therefore, I except the recommendation of the Planning staff and support their
recommendation.
Barry Knight: Would you like to make a motion?
Kathy Katsias: I make a motion to approve the recommendations?
Barry Knight: To deny the application?
Kathy Katsias: I mean to deny the application?
Barry Knight: To deny? Okay.
Kathy Katsias: Oh to deny. Right.
Barry Knight: Okay.
John Waller: I'll second it.
Barry Knight: Okay. There is a motion on the floor to deny agenda item #7 by Kathy
Katsias and a second by John Waller. Is there any other discussion? Mr. Bernas?
Jay Bernas: The only thing that I'm struggling with is, and you're looking at it right now.
You've got three flag logs on the same side of the street, and they are all close to each
other. But I do agree with Commissioner Katsias and Commissioner Anderson's
comments, and it seems like based on this table, that there is a significant area of these
lots that would be in the marsh that are included in the lot size. Based on this table, the
upland area of Y- I is almost 27,000 square feet. The Lot Y-2 in the rear, the upland is
almost 28,000 square feet. So, to me, I'm kind of struggling with the resulting size based
on the upland area because there are a lot of wetlands that is included in the one -acre lots.
Then you got those flag lots, and they are right there, directly adjacent on the same side of
the street. So, I'm still kind on the fence.
Barry Knight: Mr. Ripley?
Ronald Ripley: I tend to agree also, but I think for my point of clarification, Mr. Scott, it
does meet that upland requirement doesn't it?
Robert Scott: It apparently does. It's an issue of width.
Ronald Ripley: Yes. That's it.
Barry Knight: Is there any other discussion? There is a motion on the floor by Kathy
Katsias and a second by John Waller to deny. So a vote of AYE is to deny. We'll call for
the question.
AYE 11
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
KATSIAS,
AYE
KNIGHT
AYE
LIVAS
AYE
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
NAY 0 ABS 0 ABSENT 0
Ed Weeden: By a vote of I 1 -0, the Board has denied the application Pyong Tu Cho -
IN SUPPORT OF THE PLAN
FOR SUBDIVISION OF PYONG TU CHO�S PROPERTY
LOCATED AT 1212 N. INLYNNVIEW RD. IN THE NEIGHBORHOOD
OF TRANT BERKSHIRE (VB)
By sigaing this petition, I have reviewed the plan and give support of this plan.
Pe ,j a L- Le -ct:�, y- s. .
Gregory Weate
2601 Britannica PI
Virginia Beach, VA. 23454
july 26, 2007
Re: 1212 N. Inlynnview Rd.
To Whom It May Concern:
I would like to express my support for the subdivision of the property at 1212 N. Inlynnview Rd.
As a resident of the Trant Berkshire subdivision, any construction variances are a concern. Having
spoken with 1�4r. Cho and seeing the plans for division, I feel the construction will be consistent
with the existing neighborhood and should be approved.
Feel free to contact me for any further questions.
Sincerely,
Gregory Weate
Richard McKinney
2605 Ridley Place
Virginia Beach, VA 23454
757.481.6566
rfmckinney@cox.net
July 19, 2007
Re: Subdivision of parcel at 1212 N. Lynnhaven Road
To Whom It May Concerm,
As a long time resident of Trant Birkshire, I want to state my support for the subdMsion of the
Cho's property at 1212 North Wynnview.
Their request is cOnsistant with the Practice of many owners along the eastern side of North
Inlynnview over the past few years It is my observation that their request would result in two
parcels as large or larger than the resufts of subdividing the former 1256 North lWynnview
recently -
If you wish to contact me for fiather comments, I may be reached at the above address.
Sincerely,
Ric d L. McKinney
July 25, 2007
The Honorable City Council of Virginia Beach
Virginia Beach, VA
Dear Council Members:
is unders=ding that Mr. Pyong Tu Cho desires to subdivide his rcsidential
it my him to construct a
lot at 1212 N. lnlynnvicw Road into tow Parcels which w"l allow
r his � It is also my understanding that the second
second single family rcsidcnce- fo sOA-
residence would be sijrnilar in nature and design to the surrounding homes and consistent
with the neighborhood development.
The Cho's are good friends, exceUent neighbors and active members of our
community. I Uly support their request for this subdivision request Which will be
presented before you.
Tbaik you for Your cooperation ih this mattcf-
Respectfully,
S. 0.-,—
V. se, Sr.
1249 N. InlYDnviCW Road
Virginia Beach, VA 23454
rage i ot i
Mark M & Thelma I Kenney
2604 britannica pl
Va. Beach, Va 23454
7574816251
TO WHOM IT M AY CONCERNNE ARE MARK & THELMA KENNEY AND HAVE LIVED AT
2604 BRITANNICA PLACE, VIRGINIA BEACH FOR 27 YEARS. WE HAVE NO OBJECTION TO THE CHO
FAIMILY OF 1212 INLYNNIRW ROAD SUBDIVIDING THEIR PROPERTY.
WE REQUEST YOUR FAVORABLE CONSIDERATION IN THIS MATTER.
WE CAN BE REACHED AT 757 481 6251
YOURS TRULY
Monday, July 30, 2007
1 America Online: Thelma Kenney
pE ON
IN SUPPORT OF THE PLAN
FOR SUBDIVISION OF PYONG TU CHOI S PROPERTY
LOCATED AT 1212 N- LNL-yNNVrEW RD. IINT THE NEIGHBORHOOD
OF TRANT BERKSHIRE (VB)
By signing this pc�dtion, I have reviewed the plan and give SUPPOrt Of th's Plan'
PETITION
IN SUPPORT OF THE PLAN
FOR SUBDIVISION OF PYONG TU CHO'S PROPERTY
LOCATED AT 1212-N. INLYNNVIEV R -D. IN THE NEIGHBORHOOD
OF TRANT BERKSHIRE (VB)
By signing this petition, I Ifave reviewed the plan and give support of this plan.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Believer's House World Wide Ministries for a gonditional
Use Permit for a church and private school on property located at 544 Newtown
Road, Suite 136 (GPIN 1468303340). DISTRICT 4 — BAYSIDE
MEETING DATE: August 14,2007
Background: Conditional Use Permit for a church ild care
The applicant requests a
education center (private school) within an existing shopping #
Considerations:
The church will have services on Wednesday from 7:00 p.m. until 11 . :00 p.m. and
Sunday from 8:00 a.m. until 3:00 p.m. The church will have two ser/ices on
Sunday to accommodate the 350 members. The child care education center will
be in session Monday through Friday from 6:00 a.m. until 6 p.m. The child care
education center is expected to house approximately 70 children rE nging from
kindergarten to high school. Outdoor activities for the youth at the school will be
on designated areas of this site as well as use of a private school c ymnasium
and recreation center. The designated areas on the site will consist of a paved
area in the rear of building to be used for hard surface activities such as
basketball and a grassy area in between the buildings.
This proposal for a church with a private school is compatible with he other uses
within this retail center and will not negatively impact neighboring properties.
There are a total of 457 parking spaces, which are located around the building.
Sufficient parking is available to accommodate the proposed church, private
school and other tenants of the shopping center. Currently, this center has a
number of vacant units. Another church also has a leased space within this
shopping center.
The Planning Commission placed this item on the consent agenda because it is
compatible with the other uses in the shopping center, the church will be
providing a needed service to this area, and there was no opposition to the
request.
E Recommendations:
The Planning Commission passed a motion by a recorded vote 01 11-0 to
approve this request with the following conditions:
i
Believer's House World Wide Ministries
Page 2 of 2
The applicant must comply with all applicable City requirements for building
codes, fire safety and suppression, for the change of use to a place of
assembly prior to issuance of an Occupancy Permit for this unit. This includes
obtaining a fire inspection, a fire code permit, and a Certificate of Occupancy
from the Building Official's office.
2. The number of congregants at any worship service shall not exceed the
occupancy number for the unit established by the City's Fire Marshall.
3. Mobile basketball hoops are to be placed back inside the building after the
end of the school day or by 6:00 PM. If permanent hoops are to be provided,
a fenced in area with a locked gate for the facility will be required.
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�� �- -Z3�
BELIEVER'S HOUSE
WORLDWIDE
MINISTRIES
Agenda Item 11
July 11, 2007 Public Hearing
Staff Planner: Karen Prochilo
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REQUEST:
Conditional Use Permit for a church and child care educational center (private school).
ADDRESS / DESCRIPTION: 544 Newtown Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
1468303340000 2 - KEMPSVILLE Part of 8.9 acre shopping center
10,950 square feet (proposed area)
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for a church
and child care education center (private school) within an existing shopping center. The proposed unit will
house the church and the education center.
The church will have services on Wednesday from 7:00 p.m. until 11:00 p.m. and Sunday from 8:00 a.m.
until 3:00 p.m. The church will have two services on Sunday to accommodate the 350 members.
The child care education center will be in session Monday through Friday from 6:00 a.m. until 6 p.m. The
child care education center is expected to house approximately 70 children ranging from kindergarten to
high school. Outdoor activities for the youth at the school will be on designated areas of this site as well
as use of a private school gymnasium and the recreation center. The designated areas on the site will
consist of a paved area in the rear of building to be used for hard surface activities such as basketball and
a grassy area in between the buildings.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercial shopping center
SURROUNDING LAND North: Across Baker Road, / B-2 Communi� Business District and 1-1
USE AND ZONING: Light Industrial District
BELIEVER'S HOUSE WORLD
South: 9 Bus charter business and Newtown Square Complex / 1-2
Heavy Industrial District and A-18 Apartment District
East: 0 Newtown Square Complex / A-1 8 Apartment District
West: 0 Drive through restaurants and bank on out parcels along
Newtown Road / B-2 Community Business District
NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed; however there are no
CULTURAL FEATURES: significant environmental features on the property as it is almost entirely
impervious.
AICUZ: The site is in an AICUZ of Less than 65 dB DNL surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Newtown Road in the vicinity of this application is a four lane undivided minor suburban arterial. The
IVITP designates this roadway as a divided facility with a bikeway within a 150 feet right-of-way.
Currently, there are no Capital Improvement Program projects slated for this segment of Newtown
Road.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Newtown Road
40,109 ADT T
26,000 ADT'(maximu—m
Weekday --Existi ng
Level of Service "C")
Land Use 2 — 3,966 ADT
32,700 ADT 1 (maximum
Weekday - Proposed
Level of Service "D"
Land Use 3 — 3,966 ADT
capacity)
Sunday - Existing Land
34,500 ADT ' (maximum
Use 2 — 2,331 ADT
Level of Service "E")
Sunday - Proposed
Land Use 3 — additional
260 ADT beyond the
existing
2 'Average Daily Trips
3 as defined by shopping center
as defined by church / child care educational center (private school)
WATER: This site already connects to City water.
SEWER: This site already connects City sewer.
FIRE: Building was built in 1985 for a use group M type 2C construction. The use of this building for a church
is Use Group A-3, which will require a new certificate of occupancy. A fire inspection for a place of assembly
will be required for the suite, a fire code permit for a place of assembly obtained, and a Certificate of
Occupancy issued.
recommended that current lighting in the front parking lot and in the rear of the building be reviewed for safety
of patrons.
EVALUATION AND RECOOMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan: ary Residential Area where land use planning poli�ies and principles
This proposal is located in the Prim . value ang aesthetic quality of
focus strongly on preserving and protecting the overall character, economic
the stable neighborhoods located in this area. The proposal is in conformance with the Comprehensive
Plan's recommendations for this area.
Evaluation:
This proposal for a church with a private school is compatible with the other uses witl� in this
approximately 92,000 square feet of retail center and will not negatively impact neigh )oring properties.
There are a total of 457 parking spaces, which are located around the building. Sufficient parking is
available to accommodate the proposed church, private school and other tenants of tie shopping center.
Currently, this center has a number of vacant units. Another church also has a leased space within this
shopping center. Staff recommends approval of this request of a Conditional Use Pe�lmit for a church and
private school with the following conditions provided below.
CONDITIONS
i
I . The applicant must comply with all applicable City requirements for building codes, fire safety and
suppression, for the change of use to a place of assembly prior to issuance of an Occupancy Permit
for this unit. This includes obtaining a fire inspection, a fire code permit, and a Certificate of
Occupancy from the Building Official's office.
2. The number of congregants at any worship service shall not exceed the occppancy number for the unit
established by the City's Fire Marshall.
3.
be reguired.
NOTE. Further conditions may be required during the administration of apt
Plans submitted with this rezoning application may require revision during
meet all applicable City Codes and Standards.
The bpplicant is encouraged to contact and work with the Crime Prevention
Department for crime prevention techniques and Crime Prevention Through
(CPTED) concepts and strategies as they pertain to this site.
BELIEVER'S HOUSE WORLD
City Ordinances.
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PROPOSED
SITE�-PLAINI,
EXISTING BUILDING
BELIEVER'S HOUSE WORLD
Conditional Use Permit (beauty academy)
Conditional Use Permit (church)
Conditional Use Permit (mini -warehouse storage)
Conditional Use Permit (child-care center)
Conditional Use Permit (church)
Conditional Use Permit (carwash)
Conditional Use Permit (motor vehicle rentals)
Conditional Use Permit (church) . —
Con Jition 31 Use Permit (communications tower)
-do—nditional Use Permit (indoor recreation)
Variance
Conditional Use Permit (bingo hall)
Conditional Use Permit (auto sales)
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Granted
- 7, dnted
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04/10/07
2
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01/11/05
3
06109/04
4
05/13/03
04/22/03
02/01/00
5
6
6
01/27/98
7 —
02/29/96
04/14/92
02/11/92
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01/08/90
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Item #11
Believer's House World Wide Ministries
Conditional Use Permit
544 Newtown Road
District 2
Kempsville
July 11, 2007
CONSENT
Janice Anderson: The next matter is agenda item 11. This is of Believer's Hquse World
Wide Ministries. This is for a Conditional Use Permit for a church and privatO school on
property located at 544 Newtown Road in the Bayside District. Welcome.
Ma�orie Crouch: Welcome and thank you. Good afternoon Planning Commission
members. I have looked at your pre -conditions I & 2, and agree to them. And, also, there
was a third condition, I believe about the mobile basketball that was given to me and we
also agree to that. We thank you for putting us on the agenda.
Janice Anderson: Okay. Just state your name for the record.
Ma�orie Crouch: My name is Ma�orie Crouch. My address is 2501 Eagles Lake Road,
Virginia Beach.
Janice Anderson: Okay. Thank you.
Maliorie Crouch: Thank you.
Janice Anderson: Is there any objection to this matter being placed on the consent
agenda? Mr. Livas again, will explain this application.
Henry Livas: This is a Conditional Use Permit for a church and a child care educational
center. The church and child care center will be located in a shopping center at the
intersection of Newtown Road and Baker Road. The church will have services on
Wednesday from 7:00 pm to 11:00 pm and Sunday from 8:00 am to 3:00 pm, The child
care center will house approximately 70 children from kindergarten to high school.
There will be a paved area in the rear of the building to be used for activities such as
basketball. Sufficient parking is available in the shopping to support the chu�rch
activities. Therefore, we recommend approval of this request of a Conditional Use
Permit.
Janice Anderson: Thank you Henry. Mr. Chairman, I have a motion for the approval of
agenda item 11.
Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond
first. it is open up for discussion. There is a motion on the floor by Jan Anderson and
seconded by Dave Redmond to approve the consent agenda item. I'll call for the
question.
Ed Weeden: By a vote of I 1 -0, the Board has approved item 11.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote of I 1 -0, the Board has approved item 11.
-44 -
Item V -K.3
PLANNING ITEM # 56339
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council REFERRED BACK
TO THE PLANNING COMMISSION Ordinance upon application of Checkered Flag Motor Car
Companyfor a Conditional Use Perm :
ORDINANCE UPONAPPLICA TION OF CHECKERED FLAG MOTOR
CAR COMPANY FOR A CONDITIONAL USE PERAAT FOR MOTOR
VEHICLE SALES, RENTALS AND SERVICE
Ordinance upon application of Checkered Flag Motor Car Companyfor
a Conditional Use Permitfor motor vehicle sales, rentals and service on
property located at 5193 Virginia Beach Boulevard (GPIN 1467762274).
AICUZ is Less than 65 dB Ldn. DISTRICT2 — KEMPSVILLE
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
April 24, 2007
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otor
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CUP for Motor Vehicle Sales
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Checkered Flag Motor Car Company for a Conditional Use Permit
for motor vehicle sales, rentals and service on property located at 5193 Virginia Beach
Boulevard (GPIN 1467762274). DISTRICT 2 - KEMPSVILLE
MEETING DATE: August 14,2007
0 Background:
The applicant requests a Conditional Use Permit to allow redevelopment of the
site for motor vehicle sales, rentals, and service. A furniture store now occupies
the site.
Considerations: ly 15,000 square foot,
The existing one-story retail building, which is approximate ing. The
will be demolished to construct a new two-story 8,158 square foot build
new building will house a Smart Car dealership comprised of retail operations on
the first floor including the showroom, sales offices, boutique, lounge, parts
department, and service and prep areas. The Business Development Center for
Checkered Flag Information Technology personnel and a break room will be
located on the second floor. Expected hours of operation are from 7:00 a.m. to
9:00 p.m., Monday thru Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday.
Approximately 25 to 30 people will be actively employed at this site.
The proposed dealership building is centered near the front of site. One (1) of
the two (2) existing access points on Virginia Beach Boulevard will be eliminated
providing one (1) remaining access point. The applicant will also provide an
additional ingress -egress easement located at the southwest corner of site to
allow vehicle circulation between the subject site and parcel A-1 located to the
south. Customer parking is provided on the north and south sides of the building.
Vehicles for sale are displayed along the eastern property line and within a
parking area at the rear of the site secured by a gate. Total parking includes 76
regular spaces and four (4) handicap accessible spaces.
The front facade of building will consist of black metal panels an
r; anodized
aluminum storefront with clear glazing and yellow accents. The ar service area
will consist of dark multicolored brick.
The proposal is in conformance with the Comprehensive Plan's I
recommendations for this area. The proposed redevelopment will enhance the
Checkered Flag Motor Car Company
Page 2 of 3
existing site, and provide an improved appearance for this section of Virginia
Beach Boulevard.
The Planning Commission placed this item on the consent agenda because the
proposal represents a welcome redevelopment of an existing site and will
improve the appearance of this portion of Virginia Beach Boulevard.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-2 to approve
this request with the following conditions:.
1. The site and landscaping shall be developed in substantial conformance with
the submitted site plan entitled "Checkered Flag Smart Car Site Conditional
Use Permit" prepared by LandMark Design Group, dated 5/18/07 and last
revised May 21, 2007. Said plan has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Planning Department.
2. The proposed building shall be constructed substantially in accordance with
the submitted elevations. Said elevations have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Planning
Department.
3. Only one entrance shall be allowed for this lot on Virginia Beach Boulevard.
The second entrance off of Virginia Beach Boulevard shall be eliminated.
The remaining entrance on Virginia Beach Boulevard shall meet all current
City of Virginia Beach Public Works standards. This will require
reconstruction of the existing entrance.
4. All required parking spaces shall be remarked (painted) clearly on the site,
including installing the required handicap spaces in accordance with
Americans with Disabilities Act (ADA) regulations.
5. The proposed landscaping on the site shall be in substantial conformance
with the submitted preliminary site plan, reference in Condition 1. All
landscaping shall meet or exceed the minimum requirements of the City's
Zoning and Site Plan Ordinances.
6. The applicant shall submit a photometric plan for any exterior lighting for
review and approval.
7. All signs on the site shall be in conformance with the Zoning Ordinance in
regards to signage regulations.
8. No outside storage of parts, equipment, or vehicles wrecked or in a state of
obvious disrepair shall be permitted. If vehicles in this condition require
storage, such vehicles shall be stored within the building.
Checkered Flag Motor Car Company
Page 3 of 3
9. All automotive repair work shall be conducted inside the building.
10. No outside paging system shall be permitted.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: :�� L .,b6�
CHECKERED
FLAG MOTOR
COMPANY
Agenda Item 19
July 11, 2007 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for motor vehicle
sales, rentals, and service.
ADDRESS / DESCRIPTION: 5193 Virginia Beach Boulevard.
Checkered Flaz Motor Co.
1 41
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14677622740000 2 - KEMPSVILLE 59,677 square feet
APPLICATION HISTORY: The Planning Commission recommended approval of this application on March 14,
2007. City Council referred this application back to Planning Commission on April 24, 2007 upon the request
of the applicant to modify his proposal. The Planning Commission deferred the application on June 13, 2007
at the request of the applicant to allow the applicant time to address concerns that were raised during the
Planning Commission informal briefing regarding submitted elevations. Major changes between the original
application as heard on March 14, 2007 and current plans are as follows:
• The current proposal is to house a Checkered Flag Smart Car dealership on site instead of a
Checkered Flag Mini Cooper dealership.
• The current proposal requests complete demolition of existing structure and redevelopment of site.
The original plan called for renovation and expansion of the existing structure.
• The current proposal includes a two-story building that is smaller than the approximately 16,000
square foot building which was originally proposed.
• The building within the current proposal is located slightly further north than what was originally
planned.
• Minor changes have been made to the parking area.
• The current proposal requests complete build -out of the site within one (1) phase of development, the
previous plan included two phases of development.
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
redevelopment of the site for motor vehicle sales, rentals, and service.
CHECKERED FLAG
The existing one-story retail building, which is approximately 15,000 square foot, will be demolished in
order to construct a new two-story 8,158 square foot building. The new building will house a Smart Car
dealership comprised of retail operations on the first floor including the showroom, sales offices, boutique,
lounge, parts department, and service and prep areas. The Business Development Center for Checkered
Flag Information Technology personnel and break room will be located on the second floor. Expected
hours of operation are from 7:00 a.m. to 9:00 P.m., Monday thru Saturday, and 12:00 p.m. to 6:00 p.m. on
Sunday. Approximately 25 to 30 people will be actively employed at this site.
The proposed dealership building is centered near the front of site. One (1) of the two (2) existing access
points off of Virginia Beach Boulevard will be eliminated providing one (1) remaining access point. The
applicant will also provide an additional ingress -egress easement located at the southwest corner of site
to allow vehicle circulation between said site and parcel A-1 located to the south. Customer parking is
provided on the north and south sides of the building. Vehicles for sale are displayed along the eastern
property line and within a parking area at the rear of site secured by a gate. Total parking includes 76
regular spaces and four (4) handicap accessible spaces.
The front facade of building will consists of black metal panels and anodized aluminum storefront with
clear glazing and yellow accents. The rear service area will consist of dark multicolored brick.
The Smart Car is smaller and handles differently than the average car. Due to the small size of the Smart
Car vehicle, three Smart Cars will be displayed in one parallel parking space within the display area along
the western property line. The applicant has also provided a turning radius driver instruction area west of
building in order to train potential Smart Car drivers how to handle this small sized vehicle.
Future expansion includes elimination of the turning radius driver instruction area in order to build a
service drive-thru and assisted service manager area located east of building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Furniture store.
SURROUNDING LAND North: 0 Automobile Service and Sales / B-2 Community Business
USE AND ZONING: District
South: 0 Retail / B-2 Community Business District
East: 0 Furniture Store / B-2 Community Business District
West: 0 Kennel and Veterinary Clinic / B-2 Community Business District
NATURAL RESOURCE AND A wooded area is located at the rear of site. There are no significant
CULTURAL FEATURES: cultural features associated with this site.
AICUZ: The site is in an AICLIZ of Less than 65 d13 Ldn surrounding NAS
Oceana.
CHECKERED FLAG
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): VIRGINIA
Beach Boulevard is an eight -lane divided major urban arterial. The Master Transportation Plan (MTP)
proposes a 150 -foot right-of-way section. There are no current Capital Improvement Program projects
(CIP) slated for this area.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Virginia Beach
43,292 ADT
56,240 ADT
Existing Land Use 767
Boulevard
ADT
Proposed Land Use 3
634 ADT
(29 AM Peak Hour
Vehicles (entering)
21 PM Peak Hour
Vehicles (entering))
2 'Average Daily Trips
as defined by furniture store
3 as defined by vehicle sales
Only one entrance will be allowed for this lot on Virginia Beach Boulevard. The second entrance must be
eliminated. The remaining entrance on Virginia Beach Boulevard must meet all current City of Virginia Beach
Public Works standards. This will require reconstruction of the existing entrance.
WATER: This site is currently connected to city water. The existing 5/8 -inch meter (City ID #94004135) may
be used or upgraded to accommodate the proposed development.
SEWER: The site is currently connected to city sewer. Analysis of Pump Station #356 and the sewer
collection system is required to ensure future flows can be accommodated.
STORMWATER MANAGEMENT: The site plan needs to address how the additional stormwater runoff will be
handled.
POLICE: The applicant must provide a photometric plan for review and approval by city staff. All lighting on
the site should be consistent with those standards (for this use) recommended by the Illuminating Engineering
Society of North America.
CHECKERED FLAG MO
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan th the Comprehensive Plan's recommendations for this area. The
The proposal is in conformance wi
proposal is compatible with the adjacent residential neighborhood as well as the business areas.
Evaluation:
The proposed redevelopment will enhance the existing site, and provide an improved appearance for this
section of Virginia Beach Boulevard. As such, staff recommends approval with the conditions below.
CONDITIONS
I . The site and landscaping shall be developed in substantial conformance with the submitted site plan
entitled "Checkered Flag Smart Car Site Conditional Use Permit" prepared by LandMark Design
Group, dated 5/18/07 and last revised May 21, 2007. Said plan has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Planning Department.
2. The proposed building shall be constructed substantially in accordance with the submitted elevations.
Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Planning Department.
3. Only one entrance shall be allowed for this lot on Virginia Beach Boulevard. The second entrance off
of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach Boulevard
shall meet all current City of Virginia Beach Public Works standards. This will require reconstruction of
the existing entrance.
4. All required parking spaces shall be remarked (painted) clearly on the site, including installing the
required handicap spaces in accordance with Americans with Disabilities Act (ADA) regulations.
5. The proposed landscaping on the site shall be in substantial conformance with the submitted
preliminary site plan, reference in Condition 1. All landscaping shall meet or exceed the minimum
requirements of the City's Zoning and Site Plan Ordinances.
6. The applicant shall submit a photometric plan for any exterior lighting for review and approval.
7. All signs on the site shall be in conformance with the Zoning Ordinance in regards to signage
regulations.
8. No outside storage of parts, equipment, or vehicles wrecked or in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, such vehicles shall be stored within the
building.
9. All automotive repair work shall be conducted inside the building.
10. No outside paging system shall be permitted.
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.
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CHECKERED FLAG MOTOR COMPANY
Agenda Item''.19
Page 8
ELEVATIONS DISCUSSED AT JUNE 13-2007"
PLANNING COMMISSION..'',',:: -
CHECKERED FLAG MOTOR COMPANY
Agenda Item -1.1119
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PROPOSED BUILDING ELEVATIONS
(Differ from June 13 elevations by introduction of
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Date
Description
Action
1
12-01-61
Zoning Change
Granted
2
05-23-88
10-10-00
Conditional Use Permit (motor vehicle sales & repair)
Conditional Use Permit (motor vehicle sales)
Granted
Granted
3
10-13-92
Conditional Use Permit (communications tower)
Granted
4
0 -09-98
Conditional Use Permit (communications tower)
Granted
5
01-14-97
Conditional Use Permit (communications tower)
Granted
6
02-01-00
1 Conditional Use Permit (communications tower)
Granted
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DISCLOSURE STATEMENT
CHECKERED FLAG
OR COMPANY
Agenda Item 19
Page 14
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DISCLOSURE STATEMENT
CHECKERED FLAG
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Agenda Item 19
Page 14
Item #19
Checkered Flag Motor Car Company
Conditional Use Permit
5193 Virginia Beach Boulevard
District 2
Kempsville
July 11, 2007
CONSENT
Janice Anderson: The last matter is agenda item 19. That is the application of Checkered
Flag Motor Car Company. This is for a Conditional Use Permit for motor vehicle sales,
rentals and service on property located at 5193 Virginia Beach Boulevard in the
Kempsville District. Mr. Fine?
Morris Fine: Members of the Commission, my name is Morris Fine. I represent
Checkered Flag. We appreciate the courtesy of being placed on the consent docket. We
also consent to any of the conditions you may have put on it.
Janice Anderson: It has ten conditions.
Morris Fine: Thank you very much.
Janice Anderson: I just want you to know that this is on our consent agenda. There are
two Commission members that are not voting for this application. It will be Al Henley
and Barry Knight due to request for design upgrade. Jay Bernas is going to review this
application for us. He is passing it on to Henry.
Henry Livas: Thank you. This is a Conditional Use Permit for motor vehicle sales,
rental, and services. The Planning Commission originally recommended approval of this
application on March 14, 2007. Subsequently, the applicant modified his proposal and as
a result the City Council referred the application back to the Planning Commission on
April 24, 2007. The Planning Commission deferred the application on June 23, 2007 due
to the previously mentioned concerns about the submitted elevations. The original
application was based on modifying the existing building. The 15,000 square foot
building is now slated for demolition. The new application requires construction of a
new two-story, 8,158 square foot building to house a "Smart Car" dealership.
Approximately 25 to 30 people will be actually employed at the site, and the total parking
requirements will be 76 ' regular and 4 handicapped. One of the two existing points off of
Virginia Beach Boulevard will be eliminated. Therefore, we recommend approval of the
requested Use Permit.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion for the approval
of agenda item 19 with the notice of a "NO" vote for Al Henley and Barry Knight.
Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond
first. It is open up for discussion. Note of clarity that Al Henley and Barry Knight vote
"NO" on item 19. We understand that Checkered Flag wishes on this application that
there is a standardized design that Mr. Fine says cannot be altered because it has come
down from Smart Car. We understand Mr. Fine that you are between a rock and a hard
place, and we agreed to let it go on consent. it is going to pass. We just would like to
send a signal to Smart Car that we like the greatest design possible in the City of Virginia
Beach. Mr. Henley and I are going to vote "NAY" and it will be on the record of City
Council. They can do what they want to with it. Is there any other discussion? Okay.
There is a motion on the floor by Jan Anderson and seconded by Dave Redmond to
approve the consent agenda item. I'll call for the question.
Ed Weeden: By a vote of 9-0, the Board has approved item 19 with a vote of "NO" by
Barry Knight and Al Henley.
Barry Knight: Thank you Mr. Weeden.
AYE 9 NAY 2 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
NAY
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
NAY
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 19 with a vote of "NO" by
Barry Knight and Al Henley.
Barry Knight: Thank you Mr. Weeden.
CUP for Recreational Facility of an Outdoor Nature
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Henry C. Scott for a Conditional Use Permit for a recreational
facility of an outdoor nature (skateboard ramp) on property located at 2425
Melstone Court (GPIN 2404677636). DISTRICT 7 — PRINCESS ANNE
MEETING DATE: August 14,2007
N Background:
.The applicant requests a Conditional Use Permit to allow an outdoor recreational
facility, consisting of a skateboard ramp located within the parcel's rear yard.
The ramp will be limited primarily to the use of the applicant's two sons and two
additional close friends.
The parcel is situated in the Hunt Club Forest residential neighborhood; a two-
story single-family house is located on the parcel. The entire rear yard is
enclosed by a six-foot tall privacy fence with locking gate. Large trees and
bushes are located along the fence line. There is an existing deck and pool
attached to the house and a detached skateboard ramp located in the southwest
corner of the rear yard. The applicant was initially unaware of the need of a
Conditional Use Permit. After construction of the ramp, the applicant was
informed that a Conditional Use Permit for a skateboard ramp is required.
0 Considerations:
The ramp is approximately fifteen (15) feet from the rear property line and ten
(10) feet from the western side property line. The size of the ramp is eight (8)
feet wide by twenty (20) feet long, with a height of three (3) feet at the rollout
deck platforms. At each end, there is a small platform with an eighteen (18) inch
tall rail. The ramp is placed on ground -level concrete blocks to provide an even
and secure skating surface. Wood sheathing at each end of the rollout deck
platforms combined with sound attenuation foam attached to the underside of the
skating deck is built-in to reduce the sound from the ramp. In addition, a layer of
padded vinyl flooring has been sandwiched between the plywood substrate and
the skating surface (masonite).
The applicant has met with all of the adjacent property owners, as, well as other
residents surrounding the site, explaining the sound -attenuating construction of
I A
the ramp and the conditions and restrictions under which it will be� used.
Signatures of support from the residents on forms provided by the applicant were
submitted with the application.
Henry C. Scott
Page 2 of 3
Staff concludes that the ramp will be constructed and operated in a manner such
that it will not prove to be a destabilizing influence in the neighborhood. The
attached conditions, reflective of the applicant's self-imposed rules and
standards, will ensure this. Additionally, a condition is recommended requiring
an annual review of the facility to make sure the rules are being adhered to and
the facility is not acting as a destabilizing influence on the neighborhood.
The Planning Commission placed this item on the consent agenda because the
applicant has support from the surrounding property owners, the conditions
attached to the Use Permit will ensure compatibility of the use with adjacent
uses, and the there was no opposition.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11 -0 to
approve this request with the following conditions:
1. The skateboard ramp shall be located and constructed in substantial
compliance with the submitted property survey entitled "Site Plan of Lot
128, Hunt Club Forest Section Six" and dated August 28, 1986.
2. Use of the ramp shall be limited to the hours between 10:00 a.m. and
dusk.
3. To reduce the level of sound emanating from the ramp when in use, the
following shall be utilized in the construction of the ramp: (a) the
underside of the plywood beneath the skating surface shall be insulated;
(b) the sides and ends of the ramp shall be enclosed with wood; and (c)
vinyl flooring (as indicated on the submitted construction detail) shall be
installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use
such that the ramp cannot be used.
5. At least one adult shall be outside the house and present when the ramp
is in use.
6. The applicant shall enforce the rules submitted with the application
regarding use of the ramp. The Zoning Administrator shall annually
evaluate whether the rules have been enforced and the conditions above
have been adhered to. If the evaluation reveals that the rules and
conditions are being met, the use permit shall be renewed for an
additional year, with an annual evaluation thereafter. If the evaluation
reveals that the rules and conditions are not being met, the Zoning
Administrator shall refer the use permit to the City Council for revocation.
Henry C. Scott
Page 3 of 3
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 ManageFz r L:�V612-�
HENRY C. SCOTT
Agenda Item 9
July 11, 2007 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for an outdoor recreation
facility (skateboard ramp)
ADDRESS / DESCRIPTION: 2425 Melstone Court
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24046776360000 7 — PRINCESS ANNE 8,500 square feet
The applicant requests a Conditional Use Permit to allow an SUMMARY OF REQUEST
outdoor recreational facility, consisting of a skateboard ramp
located within the parcel's rear yard. The ramp will be limited primarily to the use of the applicant's two
sons and two additional close friends.
The parcel is situated in the Hunt Club Forest residential neighborhood; a two-story single-family house is
located on the parcel. The entire rear yard is enclosed by a six-foot tall privacy fence with locking gate.
Large trees and bushes are located along the fence line. There is an existing deck and pool attached to
the house and a detached skateboard ramp located in the southwest corner of the rear yard. The
applicant was initially unaware of the need of a Conditional Use Permit. After construction of the ramp,
the applicant was informed that a Conditional Use Permit for a skateboard ramp is required.
The ramp is approximately fifteen (15) feet from the rear property line and ten (10) feet from the western
side property line. The size of the ramp is eight (8) feet wide by twenty (20) feet long, with a height of
three (3) feet at the rollout deck platforms. At each end, there is a small platform with an eighteen (18)
inch tall rail. The ramp is placed on ground -level concrete blocks to provide an even and secure skating
surface. Wood sheathing at each end of the rollout deck platforms combined with sound attenuation
foam attached to the underside of the skating deck is built-in to reduce the sound from the ramp. In
addition, a layer of padded vinyl flooring has been sandwiched between the plywood substrate and the
skating surface (masonite).
The applicant has met with all of the adjacent property owners, as well as other residents surrounding the
site, explaining the sound-aftenuating construction of the ramp and the conditions and restrictions under
which it will be used. Signatures of support from the residents on forms provided by the applicant,were-,
HENRY C. SCOTT
-Agenda Item 9
'Page 1
submitted with the application. The applicant notes that the ramp will only be used during the hours of
10:00 a.m. to dusk. Additionally, an adult will be onsite when the ramp is in use, and the access gate will
be securely locked during other times to prevent unauthorized use/access. Skaters under the age of 16
will be required to wear helmets.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North: 9 Single-family dwelling / R -5D Residential Duplex District
USE AND ZONING: South: 0 Single-family dwelling / R -5D Residential Duplex District
East: * Single-family dwelling / R -5D Residential Duplex District
West: 0 Single-family dwelling / R -5D Residential Duplex 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 65 to 70 dB DNL surrounding NAS Oceana.
The Navy has no objections to the request.
IMPACT ON CITY SERVICES
WATER AND SEWER: There is no impact on City water and sewer services from this use.
POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result
in increased calls, primarily due to noise -
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan: zes this site to be within the Primary Residential Area. Proposed
The Comprehensive Plan recogni
development within the Primary Residential Area should focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area.
Established residential neighborhoods are to be protected against invasive land uses that, due to their
activity, intensity, size, hours of operation or other factors, would tend to destabilize them. Uses
proposed for introduction into such neighborhoods should be evaluated to ensure th at they are not
destabilizing influences.
HE
Evaluation:
Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to
install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming
pools, basketball rims, etc.), skateboard ramps have the potential to become nuisances to surrounding
residents, especially in regard to sound that emanates from the facility, such as the continuous bouncing
of the ball, the sound of the skateboard wheels rolling across the plywood surface of the ramp, or the
sound of the cheers and joyful screams. Such sound is normal and is expected in residential
neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for
such sounds, the sound increase beyond the level normally expected, or the sound includes language
that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially
if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly
disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and
facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the
riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus the
requirements for this conditional use permit.
To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from
destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly
avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the
neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the
skateboard ramp will be constructed and used. The design of the ramp and the rules for this use should
prevent the sound from and activity of the ramp from becoming "noise" and an intrusion on the
surrounding residents. The applicant also personally visited with the adjacent residents, explaining the
standards and rules to them. Further, the applicant went beyond the adjacent residents and visited
residents in the blocks around the subject site. The applicant gained signatures of support from those he
visited.
Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not
prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the
applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended
requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not
acting as a destabilizing influence on the neighborhood.
CONDITIONS
1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted
property survey entitled "Site Plan of Lot 128, Hunt Club Forest Section Six" and dated August 28,
1986.
2. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk.
To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in
the construction of the ramp: (a) the underside of the plywood beneath the skating surface shall be
insulated; (b) the sides and ends of the ramp shall be enclosed with wood; and (c) vinyl flooring (as
indicated on the submitted construction detail) shall be installed between the plywood and the skating
surface of the ramp.
7M]
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4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be
used.
5. At least one adult shall be outside the house and present when the ramp is in use.
6. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The
Zoning Administrator shall annually evaluate whether the rules have been enforced and the conditions
above have been adhered to. If the evaluation reveals that the rules and conditions are being met, the
use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the
evaluation reveals that the rules and conditions are not being met, the Zoning Administrator shall refer
the use permit to the City Council for revocation.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
AERIAL OF SITE
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CONSTRUCTION DETA
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HENRY C. SCOTT
Agenda Item 9
Page 9
# Date Descri tion I Action
1 06-13-83 Zonin Chan e (A to R-8) Granted
2 09-26-00 Variance (Site Plan Ordinance floodplain regulations) rDenied
Zoning Change (AG -1 & AG -2 to Conditional R-1 0)
Conditional Use Permit (open space promotion &
ffidevelopment)
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item 49
Henry C. Scott
Conditional Use Permit
2425 Melstone Court
District 7
Princess Anne
July 11, 2007
CONSENT
Barry Knight: The next item of business will be our consent items. The Vice Chair will
handle this portion of the agenda.
Janice Anderson: Thank you Chairman. We have four matters on the consent agenda
this afternoon. The first one is agenda item 9, which is the application of Henry C. Scott.
This is for a Conditional Use Permit for a recreational facility of an outdoor nature
(skateboard ramp) located on property at 2425 Melstone Court in the Princess Anne
District. Is there a representative on this application? Would you come forward please?
Henry Scott: Good afternoon. My name is Henry Scott. I live at 2425 Melstone Court.
Fve reviewed this with Ms. Bonilla. She has been ag
,reat help in putting this whole
package together. The only thing that I disagree with on this and I want to ask a question
about is the condition for putting a chain across the ramp. The ramp. itself, is in my
backyard behind a closed perimeter fence with a locking gate. When it is not normally in
use it is covered by a rain cover or tarp. The children know there are certain hours they
can use it according to the permit, and that is covered by the noise ordinances within the
City. I just thought = it was an overkill to have to go out and buy another piece of
thing that is already, in my mind. not an
equipment to put on this thing to cover some
issue.
Janice Anderson: Right. Mr. Scott, I'll let the Chairman go over it a little bit more.
These are standard conditions that the City has come up with to have this outdoor facility
that is compatible in a residential area. I believe that the chain is just a safety factor on
the conditions so that children younger are not out there unless they have adult
supervision. So, when it is not being used, an adult is not out there, so that is why I
believe they requested a chain be put up as an extra safety measure.
Henry Scott: The only kids who use it our mine and their friends. They're all 16 or
older.
Barry Knight: Mr. Scott, it is more or less a standard we have for the skateboard ramps.
None of the Commissioners in our informal session wished to sponsor a cha
Lge to that.
If any Commissioners wish to sponsor a change to that now, please let it be , own. So, I
think what we will do sir is we will continue to put you on the consent agen4a leaving
that condition in there.
Henry Scott: Fine. Okay.
Janice Anderson: Thank you. Is there any objection to this matter being placed on the
consent agenda? Seeing none, the Chairman has asked Al Henley to review this
application.
Al Henley: Thank you. The Conditional Use Permit for an outdoor recreational facility
of a skateboard ramp is located at 2425 Melstone Court. The applicant request a
Conditional Use Permit to allow an outdoor recreational facility consisting of a
skateboard ramp located within the parcels rear yard. The ramp will be limited primarily
to the use of the applicant's two sons and two additional close friends. The applicant has
met with all of the adjacent property owners as well as other residents surrounding the
site, and the signatures of support from the residents were submitted with this application.
Hours of operation will be from 10:00 am to dusk. Additionally, an adult will be on site
when the ramp is in use and the access guate will be securely locked during other times to
prevent unauthorized use or access. Skaters under the age of 16 will be required to wear
helmets. Additionally, a condition of recommendation requiring an annual review of the
facility to make sure that rules are being adhered to, and that the facility is not acting as a
stabilizing influence on the neighborhood. Therefore, the Planning Commission has
placed this item on consent.
Janice Anderson: Thank you Al. Mr. Chairman, I have a motion for the approval of
agenda item 9.
Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond
first. It is open up for discussion. There is a motion on the floor by Jan Anderson and
seconded by Dave Redmond to approve the consent agenda item. I'll call for the
question.
AYE 11
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
NAY 0 ABS 0 ABSENT 0
Ed Weeden: By a vote of I 1 -0, the Board has approved item 9 for consent.
"I'Iff U—J,
?I to Scale Richard F. Robertson
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Zoning ChanLf? frov P-2 tog -?J!
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Richard F. Robertson for a Change of Zoning Dii—strict
Classification from B-2 Community Business District to R-20 Residential District
on property located at 5536 and 5544 Parliament Drive (GPINs 1467232861;
1467233789). DISTRICT 2 – KEMPSVILLE
MEETING DATE: August 14, 2007
Background:
The applicant proposes to rezone two existing parcels, currently zoned B-2
Community Business District, to R-20 Residential District. Single-family dwellings
occupy both parcels, and the applicant has no plans for changes to that use.
Considerations: h side of Parliament Drive were zoned B-2 Business
The properties on the nort
District and 1-1 Light Industrial as * early as 1965; however the properties have
remained residential in nature. Existing homes in the immediate area were built
from 1910 through 1968. Properties to the west of the subject parcels have been
rezoned from 1-1 Light Industrial to R-40 Residential in 1992 and from B-2
Community Business to R-20 Residential in 2005. Staff finds the request
acceptable.
The Comprehensive Plan recognizes this area as being within the Primary
Residential Area. The land use planning policies and principles in the
Comprehensive Plan for the Primary Residential Area focuses strongly on
preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area. The proposal is in
conformance with the Comprehensive Plan's recommendations for this area.
The Planning Commission placed this item on the consent agend� because they
concluded the residential zoning is more suitable for the parcels, the request is
'Consistent with the Comprehensive Plan, and there was no opposition.
111 Recommendations:
The Planning commission passed a motion by a recorded vote of! 11 -0 to
approve this request.
Attachments:
Staff Review
Richard F. Robertson
Page 2 of 2
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submiffing Department/Agency: Planning Department
City Manager5:�
RICHARD F.
ROBERTSON
Agenda Item 10
July 11, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanc
je of Z ming )istrict Classification from
B-2 Community Business District to R-20
Residential District.
ADDRESS / DESCRIPTION: 5536 and 5544 Parliament Drive
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14672328610000; 2 — KEMPSVILLE 0.58 acre, 0.50 acre, and 0.10 acre
14672337890000;
14672338580000
SUMMARY OF REQUEST
The applicant proposes to rezone the existing parcels, zoned
B-2 Community Business District, to R-20 Residential District. Single-family dwellings occupy both
parcels. Properties on the north side of Parliament Drive were rezoned to B-2 Community Business and I-
1 Light Industrial as early as 1965; however, the properties have remained residential. Rezonings from B-
2 Business and 1-1 Light Industrial to R-40 and R-20 Residential have already occur� ! ed on properties to
the west of the site.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies each lot.
SURROUNDING LAND North: * Norfolk Southern right-of-way ay are office and
USE AND ZONING: 9 Across the Norfolk and Southern right -of -w
industrial uses / 1-1 Light Industrial is a shopping center
South: 0 Parliament Drive, across Parliament Drive
/ B-2 Business
East: 0 Single-family dwelling / B-2 Business
West: 0 Single-family dwelling / B-2 Business
NATURAL RESOURCE AND There are no natural resources or cultural features associated with the
CULTURAL FEATURES: sites.
AICUZ: The site is in an AICUZ of Less than 65 dB DNL surrounding NAS
Oceana.
There is no impact to City services. IMPACT ON CITY SERVICES
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use
planning policies and principles in the Comprehensive Plan for the Primary Residential Area focuses
strongly on preserving and protecting the overall character, economic valueand aesthetic quality of the
stable neighborhoods located in this area. 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.
Evaluation:
The properties on the north side of Parliament Drive were zoned B-2 Business District and 1-1 Light
Industrial as early as 1965; however the properties have remained residential in nature. Existing homes in
the immediate area were built from 1910 through 1968. Properties to the west of the subject parcels have
been rezoned from 1-1 Light Industrial to R-40 Residential in 1992 and from B-2 Community Business to
R-20 Residential in 2005. Staff finds the request acceptable.
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 aft 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.
RICHARD F.','ROBERTSON
AERIAL OF
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500 CEN'rRAL DRIVE� SUM 113
--'ARONIA KACH, VIRONA Z3454 PH. 498-102'
5536 Parliament Drive — SITELAYOUT'',
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5544 Parliament Drive — ITELAYVOUT,,��-'
1
1965
Rezoning (R -S3 Residence Suburban to C -L 1 Limited ---Approved
Commercial)
2.
10/11/05
Rezoning (B-2 Business to R-20 Residential)
Approved
11/28/73
Rezoning (R -S3 Residence Suburban to B-2 Business)
Approved
3.
1/14/92
Rezoning (1-1 Light Industrial to R-40 Residential)
Approved
4*
6/27/88
Rezoning (B-2 Business to B-1 Business) and a Conditional
Approved
Use Permit for Multi -family dwellings
ZONING HISTORY,"'."'."'
RICHARD F -ROBERT,
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7
Item #10
Richard F. Robertson
Change of Zoning District Classification
5536 and 5544 Parliament Drive
District 2
Kerapsville
July 11, 2007
CONSENT
Janice Anderson: The next matter is agenda item 10, which is the application of Richard
Robertson. This is for a Change of Zoning Classification from B-2 Business to R-20
Residential District. This is on property located at 5536 and 5544 Parliament Drive in the
Kemspville District. Mr. Bourdon?
Eddie Bourdon: Thank you. For the record, Eddie Bourdon, a Virginia Beach attorney
representing Mr. Robertson who is here this afternoon, and we appreciate being placed on
the consent agenda for this housekeeping item.
Janice Anderson: Thank you. Is there any objection to this matter being placed on the
consent agenda? Seeing none, Mr. Henry Livas has been asked to review this
application.
Henry Livas: This request is for a Change of Zoning District Classification from B-2
Community Business District to R-20 Residential District. Single-family dwellings
currently occupy two of the parcels. Properties on the north side of Parliament Drive
were rezoned to B-2 Community Business and I- I Light Industrial as early as 1965;
however, the properties have remained residential. Properties to the west of the subject
parcels have been rezoned from Light Industrial and Business to R-20 and R-40
Residential. We find that the neighborhood towards residential is acceptable. Therefore,
we have put it on the consent agenda, and we agree to this request.
Janice Anderson: Thank you Henry. Mr. Chairman, I have a motion for the approval of
agenda item 10.
Barry Knight: Thank you. I have a motion. Do I have a second? I have Mr. Redmond
first. It is open up for discussion. There is a motion on the floor by Jan Anderson and
seconded by Dave Redmond to approve the consent agenda item. I'll call for the
question.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote of I 1 -0, the Board has approved item 10 for consent.
Page 1 of I
Stephen J. White
From: Leah [leah@kpct-coml
Sent: Wednesday, July 18, 2007 4:42 PM
To: Stephen J. White
Cc: Jan Anderson; Carolyn Smith
Subject: Ferrell Smith Deferral
Follow Up Flag: Follow up
Flag Status: Red
Mr. White:
In accordance with your email request, this is our written request to be deferred to the September 11 meeting of
the Virginia Beach City Council.
Thank you for your kind attention to this matter.
Sincerely,
Leah D. Copeland,
Attorney for the Ferrells
Leah D. Copeland, Esquire*
KELLAM, PICKRELL, COX & TAYLOE, P.C.
300 Bank of the Commonwealth Building
403 Boush Street
Norfolk, VA 23510
Telephone (757)627-8365
Facsimile (757)625-2189
*Also licensed to practice law in the State of North Carolina
1
09/28/99
CUP (motor vehicle sales & service)
Granted
CUP (motor vehicle sales & service)
02/26195
jExp=nsoi�onto
Granted
2
04/10/89
c
CUP motor vehicle sales & service)
Granted
3 IJ01
/23j/89
to t
a Nonconforming Use
Granted
ZONING HISTORY
FERRELL AND SMITH
Agenda Item 16
9�-*
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Joanne S. Ferrell & Edith Johanna Smith for a C nge of
Zoning District Classification from R -5D Residential District to onditional
s District on property located at 213 an 217
B-2 Community Busines 407856101; 2407856107). DISTRICT 6 — 'EACH
Louisa Avenue (GPINs 2
MEETING DATE: August 14,2007
Background:
The applicant proposes to rezone the rear portion of three existing parcels zoned
R-51) Residential to Conditional B-2 and to combine the rear portions with the
adjacent parcel to the west, which fronts on First Colonial Road.
Considerations:
Of the three lots, two have single-family dwellings; the other is vacant. The lots
are all located within the Greater than 75 AICUZ and within Accident Potential
Zone 1 (APZ-1). The existing dwellings fronting on Louisa Avenue will remain
and will continue to be on what is now the front portion of these lots�, which will
remain residentially zoned. Only the rear of those lots, totaling 27,000 square
feet, is proposed to be rezoned. The existing rear property lines of !these lots will
be vacated, and the rear portions of the lots will be incorporated into the existing
parcels to the west, which front on First Colonial Road. The remaining property,
where the single-family homes are located, will meet all City Zoning Ordinance
requirements; each lot will have dimensions of 60 feet by 106.95 feet or
approximately 6,400 square feet for each lot. The lot currently without a single -
w residential structure cannot be
family house will remain vacant for now, as a ne
constructed on the lot since it is within the APZ-1
Recommendations:
The applicant is requesting that this matter be deferred to the September 11,
2007 City Council hearing. The deferral will allow the applicant to meet with the
adjacent community to discuss the proposal in greater detail.
Attachments:
E -Mail requesting Deferral
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ferrell & Smith
Page 2 of 2
Recommended Action: Deferral to the September 11, 2007 City Council hearing.
Submitting Department/Agency: Planning Department
City Manager!� � v :Z�d 01-Z. v
JOANNE S.
FERRELL & EDITH
JOHANNA SMITH
Agenda Item 16
July 11, 2007 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
ChangeofZ)ning )istrict Classification from R -5D Residential District to Conditional B-2 Community
Business District.
ADDRESS / DESCRIPTION: Property located at 213 & 217 Louisa Avenue
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24078561010000 27,000 square feet
24078561070000 6 - BEACH
The applicant proposes to rezone the rear portion of three SUMMARY OF REQUEST
existing parcels zoned R -5D Residential to Conditional B-2
and to combine the rear portions with the adjacent parcel to the west, which fronts on First Colonial Road.
Of the three lots, two have single-family dwellings; the other is vacant. The lots are all located within the
Greater than 75 AICUZ and within Accident Potential Zone 1 (APZ-1). The existing dwellings will remain
and will continue to be on what is now the front portion of these lots, which will remain residentially zoned.
Only the rear of those lots, totaling 27,000 square feet, is proposed to be rezoned. The existing rear
property lines of these lots will be vacated, and the rear portions of the lots will be incorporated into the
existing parcels to the west. The remaining property, where the single-family homes are located, will meet
all City zoning requirements; each lot will have dimensions of 60 feet by 106.95 feet or approximately
6,400 square feet for each lot. The lot currently without a single-family house will remain vacant for now,
as a new residential structure cannot be constructed on the lot since it is within the APZ-1 -
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwellings and vacant parcel
SURROUNDING LAND North: * Single-family dwelling / R -5D Residential District
USE AND ZONING: South: 0 Single-family dwelling / R -5D Residential District
East: 0 Louisa Avenue, single-family dwellings / R -5D Residential
District
West: 0 Auto sales / B-2 Community Business District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear
CULTURAL FEATURES: to be any significant environmental or cultural features on the vacant,
grassed portion of the site that is proposed for rezoning.
AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and within APZ-1
surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): This
section of First Colonial Road is slated for improvement as part of CIP 2-072. Construction is scheduled
to begin in 2009.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
First Colonial
5,316 ADT
8,800 ADT ' (Leve I of
Existing Land Use 30
Road
Service "C") — 12,500 ADT
ADT
(Level of Service "E")
Proposed Land Use 3
240
2 'Average Daily Trips
3 as defined by 3 residential lots
as defined by 1.4 acres of B-2 plus 3 dwellings
WATER & SEWER: This site is already connected to City water and sewer.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
Comprehensive Plan: tial Area, just outside the boundary of Strategic Growth
This property is located within the Primary Residen n the Greater than 75 noise zone and
Area 7. The property is highly impacted by AICUZ, as it is withi e a portion of
within APZ-1. The application to rezone this property from R -5D to B-2 and then to subdivid
lots 16, 17 and 18, Block 11, plat of Oceana Gardens is keeping with the Comprehensive Plan policies for
this area. The Comprehensive Plan identifies the First Colonial Road corridor as an area that is
considerably under developed. The plan recommends special attention to quality site and building
design, including signs, to increase the overall attractiveness of this area.
Evaluation:
Staff considered several factors before the conclusion for a favorable recommendation summarized
below. First, only the rear portions of these very deep lots are proposed for rezoning. Staff would not have
ended approval had the request proposed B-2 all the way to Louisa Avenue, as this would have
recomm 5,000 square feet, well
been incompatible to the neighborhood. Currently, the lots are approximately 1
above the minimum lot size of 5,000 square feet for the R -5D Residential District. The homes will remain
and residential uses will continue on the property as permitted. Proposed lot 16A will remain vacant as
required by the Zoning Ordinance for residential uses located in APZ-1. The resultant residential lots are
each proposed with approximately 6,400 square feet. Second, the property proposed for rezoning is
entirely within the Greater than 75 AICUZ and, more significantly, entirely within the APZ-1. Recent
amendments to the Zoning Ordinance pertaining to APZ-1 have been approved as a means of
encouraging uses and structures in APZ-1 that are compatible with flight operations at NAS Oceana The
existing residential zoning on the property is contradictory to that goal. However, great care must be
taken when considering discretionary actions, as the property is surrounded on three (3) sides by existing
residential uses. Uses on B-2 property can coexist with residential neighbors as long as provisions are in
place to protect the quality of life of the residents. It should be noted that many uses that would be
permitted by right under the B-2 zoning district are not permitted due to the presence of APZ-1. For
example, retail uses such as apparel and furniture sales and eating and drinking establishments are not
permitted in the APZ-1, nor are typical office uses. There are some specific uses that Section 1809 of the
City Zoning Ordinance allows in both the B-2 and APZ-1 districts provided that the Planning Director
concludes that any adverse impacts to surrounding residential or apartment uses are negated. There are
uses that need a Conditional Use Permit prior to the adoption of the APZ-1 amendment. The ordinance
now allows some of these uses provided that the characteristics of a proposal meet or exceed specific
performance standards designed to ensure quality development and redevelopment higher than normal.
Those standards include, but are not limited to, enhanced site and parking lot landscaping and buffering
beyond minimum standards, low intensity lighting, limited hours of operation, narrow signage
requirements, and superior building design and selection of exterior building materials. In addition, the
Planning Director is required to contact all adjacent property owners to solicit input. This is important to
note in this particular case as the proposed use of the property under consideration is not known. Finally,
the access for ingress/egress would be through First Colonial Road and not Louisa Avenue. it would be
very undesirable to have daily commercial traffic on this portion of Louisa Avenue. In sum, Staffs
position is that the proposal represents a good re -use of the rear portions of these large residentially
zoned properties located in the APZ-1. The proposed B-2 rezoning line ends approximately 107 feet from
Louisa Drive and will not encroach into the neighborhood. The proffers offer controls for the future
development on the property. In addition, safeguards are in place through the Zoning Ordinance in the
event that more intense uses are contemplated.
FE
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,"
(§1 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFERI:
The height of any building on the property shall not exceed 35 feet and the colors for the exterior of any
building shall be predominately earth tone in color.
PROFFER 2:
There shall be a 15 foot building setback along the portion of the property that abuts R5D zoned property. A
6 foot privacy fence shall be installed along the common property line with Lot 19, Lot 12A and Lot 15. Such
fence shall be solid and made of maintenance free material. Category 4 landscaping will be planted outside
of this fence.
PROFFER 3:
All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises
and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City
of Virginia Beach Planning Department during final site plan review for review and approval as party of the
site plan review process.
PROFFER 4:
The applicants shall resubdivide the property with regard to Lots 16, 17 and 18 as shown on Exhibit A for
Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for Parcel 9, 10, 11, 16, 17 and 18, Block 11,
Oceana Gardens (MB 3, P 51) for Joanne S. Ferrell and Thomas S. Ferrell Family Trust" prepared by
Kellam Gerwitz which has been exhibited to the City of Virginia Beach and is on file with the Planning
Department. Resubdivided Lots 16A, 17A and 18A shall be restricted to single family use.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they ensure compatibility with the
adjacent residential area of any future uses on the B-2 zoned portion of the site.
The City Attorney's Office has reviewed the proffer agreement dated May 7, 2007, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicab�e City Ordinances.
Plans submitted with this rezoning application may require revision during detai0ed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Offiqe within the Police
Department for crime prevention techniques and Crime Prevention Through Envfronmental Design
(CPTED) concepts and strategies as they pertain to this site.
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CUP (motor vehicle sales & service�—
Granted
CUP (motor vehicle sales & service)
02/26/95
Granted
2
04/10/89
CUP (motor vehicle sales & service,�A+Vraanted
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ZONING HISTORY
FERRELL AND SMITH
Agenda Item 16
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Item # 16
Joanne S. Ferrell & Edith Johanna Smith
Change of Zoning District Classification
213 & 217 Louisa Avenue
District 6
Beach
July 11, 2007
REGULAR
Barry Knight: Mr. Strange, the next item to be heard please?
Joseph Strange: The next item is item 16, Joanne S. Ferrell and Edith Johanna Smith.
An application of Joanne S. Ferrell and Edith Johanna Smith, for a Change of Zoning
District Classification from R-51) Residential District to Conditional B-2 Community
Business District, on property located at 213 and 217 Louisa Avenue, District 6, with five
proffers.
Barry Knight: Ma'am welcome. We will give you a few minutes to let the crowd clear
out of here. We'll give you more of our attention. Mr. Weeden, don't start the clock yet.
Welcome ma'am. Please state your name for the record.
Leah Copeland: Good afternoon. My name is Leah Copeland. I'm an attorney for the
applicants, the Ferrell Family. We're looking at a piece of property that is located
between First Colonial and Louisa Avenue, right at the Oceana curve. What were
looking to do is rezone a portion of the property from R-51) to B-2. This is a good view
of the property. The applicants also own Lots 9, 10 & 11, which are zoned B-2. The
portion that we are looking to rezone are the shaded portions of 18, 17 & 16. The entire
lot 18, 17 & 16 are 15,000 square foot lots currently zoned residential; two of them have
houses on them. Out applicants are simply looking to rezone the back portion of the
property. They understand there are concerns in the Oceana Gardens community that
there is encroachment as far as commercial property. However, this is an APZ I zone, as
well as a greater than 75 noise level zone, and there is very little that can be done with
this property. Therefore, they have applied simply for the back portion of the lots to be
rezoned conditional B-2. That would leave the front portions 18A, 17A & 16A, which
you are looking at, as residential single-family, R -5D, and those leave 6,400 square foot
lots. The minimum square footage in R-51) is 5,000 square feet. So, they are still well
above the square footage that is necessary for a residential residence. There is no plan at
this point for what the use is to be. I will tell you that on Lots 9, 10 & 11, which are
owned by the applicants, there is currently a car dealership. It is on a month to month
lease. There is no long term lease there. There is an understanding, and this has been
addressed. I believe there is concern from the community that the car lot will go back on
to those new lots. They can't do that. There is a conditional zoning in effect if this is
allowed to go through, where anything that is done with the property, it would have to
come before you again, and the neighborhood would be allowed to comment. We're
simply looking to rezone it at this point, then we can resubdivide the lots so that Lots 9,
10 & I I would then include 18, 17 & 16 back portion. That is what we're looking to do.
I'll be happy to answer any questions.
Barry Knight: Are there any questions at this time?
Leah Copeland: Thank you -
Barry Knight: Thank you.
Joseph Strange: Speaking in support of the application we have Jerry Howren.
Jerry Howren: Good afternoon.
Barry Knight: Welcome sir.
Jerry Howren: My name is Jerry Howren. I live at 205 Louisa Avenue, which would be
right there (pointing to PowerPoint). I spoke with Ms. Ferrell and her attorney.
Personally, I would rather see the property stay as it is, but I know that it won't. It is
going to change commercial. So, I would like to see an eight -foot fence all around the
residential section of the property that would start between all the homes you see there,
going all the way up to Lot 12A, an eight -foot fence with no entrances or exits going on
to Louisa Avenue. Also, there is probably three old trees out there, two of them are oak
trees, now that everybody is being of a green nature, those two oak trees are probably
over 100 years old and a pine tree that is probably over 100 years. I would like to see
those stay. They have also agreed to that; so, as far as I'm concerned, they agreed to the
eight foot fence, no entrance, no exit to Louisa Avenue, save those old oak trees, and I
have no problem with it, if they will meet those conditions.
Barry Knight: Mr. Howren, looking here under proffer 2, it says that six-foot privacy
fence.
Jerry Howren: A six-foot wouldn't do my lot any good, because I'm sitting up on. a
three-foot crawl space; so, where my back porch is and my kitchen, I can just see right
over it. I've had a problem dealing with that lot in past, the car lot there of trash and so
forth. Like I said, I spoke with Ms. Ferrell earlier, and her attorney, and they both agreed
to that.
Barry Knight: We'll get her to readdress that when she comes back up.
Jerry Howren: Okay.
Barry Knight: Okay. Thank you. Are there any questions for Mr. Howren? Thank you
sir.
Jerry Howren: Alright. Thank you.
Joseph Strange: Speaking in opposition we have Sam Reid.
Barry Knight: Welcome Sam.
Sam Reid: Hey. Good afternoon. A long afternoon for you all. My name is Sam Reid,
and I live at 1533 Virginia Beach Boulevard. I'm the President of the Oceana Gardens
Coalition Civic League. We had a civic league meeting and Ms. Ferrell came to the
meeting. She addressed some of the folks, and after she left, we basically took an
informal vote. There were only a couple of people that agreed to changing it over to
commercial, and at this point, we were told there were no plans for the property, and that
she "had not negotiated" with the car lot. So, my first question is why do they zone it at
all if you have no plans for the property at this time? Why can't this be deferred or done
later on? The next thing is that in the APZ I, a Conditional B-2, there are a certain
number of things you can do in the APZ I with commercial property, such as furniture
making, car lot, warehouse, light industry. That is about it. So, it has got to be one of
those. The car lot is right next door to it. It is not a great jump to figure that out. if it is
approved, we would like some kind of input into, at least, what is going to happen. Can
you show the aerial view? If you look at that aerial view, there are quite a few things that
are going. This gets out of the technical side of it and more into what Mr. Horsley was
talking about with community and history of Virginia Beach. That neighborhood is 10 1
years old. I've talked to Jim Reeve and Steven Mansfield, who did the book on Princess
Anne County, Virginia Beach, about getting historical status for that neighborhood. It is
the oldest platted neighborhood in the city. If you look right up here, this is going to be
Tidewater Pipe and Valve commercial property. He came before you, and he agreed to
make it look more residential and everything. It has been a great experience. This
property right down here is going to be owned by the City, and they have actually talked
about this becoming some kind of a commercial outfit. The road is being widened up
here and they are taking these properties over here. This is a daycare center, and I don't
believe they have B-2 zoning or daycare zoning for that. Security Plumbing was right
here, which was illegal, and they since had to close down and move out. This house right
here was operated by lady running a newspaper company. So, my point is that on all
sides, we moved into a neighborhood. My father-in-law has lived there since 1943, and
you're in a community or in a neighborhood, and all of a sudden, you got factions from
all different angles who want to push the commercial side in. I know that right now,
Oceana Land Use Conformity Committee is looking to do an exchange program where
they move some of the non -complying businesses, restaurants and so forth, out of the
APZ I and move in the industrial type businesses. But from all angles, this little
neighborhood has survived for 10 1 years.
Ed Weeden: Your time is up.
Sam Reid: Thank you. It is now at a point where from all different fashions, it is a little
chunk here, a chunk there, to cut into the neighborhood. I know that this isn't a dollar and
cents plea. It is a plea from a neighborhood that would like to stay a residential
community and not have pieces taken out of it slowly.
Barry Knight: Mr. Reid? You need to wrap it up sir.
Sam Reid: I'll wrap it up. When you drive down Louisa Avenue and look back there
and you see the extent of that yard, and the trees and so forth back there, that is part of the
community when you see that and understand. Have any of you been through there?
Barry Knight: Are there any questions of Mr. Reid? Thank you.
Sam Reid: Thank you.
Joseph Strange: The speaker in opposition is Mark DiSilvestro.
Barry Knight: Welcome sir.
Mark DiSilvestro: Good afternoon ladies and gentlemen. My name is Mark DiSilvestro,
and I own the property at 221 Louisa Avenue, which is right at the north end of the area
that is in question, as far as being rezoned. And, I have over 100 feet of backy 3xd here,
which butts against this other automotive business here. I appreciate having this much
distance between the house and the automotive business. I feel that any expansion to the
commercial in this area is going to bring all of this commercial much closer to the
residential area. There was also reference made to the fence, and there is six-foot high
fence back there right now. Portions of the fence, and I don't know who is responsible
for maintaining the fence, but portions of the fence have completely collapsedi and other
portions of the fence have been replaced but attached to old fence posts. So, tbey're
rotten and the new portions are leaning precariously. So, there has been a lack of
maintenance on the existing fence between the automotive businesses and the residential,
and I've had reports of unauthorized pedestrian traffic, people taking short cuts through
yards and whatnot. So, I have some concerns. And, also you have an area with grass and
trees, and if it is rezoned as a commercial or a business, I expect since there are a limited
amount of uses because of the APZ classification, it is probably going to be some kind of
automotive business. Are we going to replace the grassy areas and trees with more
pavement, concrete and asphalt? And finally, because it is an APZ classification, that
impacts the value of my property. If I have a car business that is now 100 feet closer to
my property. Is that going to have a further impact on my property value? That is why I
object to this rezoning request.
Barry Knight: Thank you. Are there any questions for Mr. DiSilvestro? Tha� you sir.
Mark DiSilvestro: Thank you.
Joseph Strange: The next speaker in opposition is David H. Hauscom.
David Hauscom: Good afternoon ladies and gentlemen.
Barry Knight: Take your time sir.
David Hauscom: My name is David Hauscom. I live 1654 Indiana Avenue.
be right in here (pointing to PowerPoint). Where do I begin? I got sympath�
people in this particular issue. There are a lot of trees back in here. I don't
any of those trees gone, especially the large ones that are 15 to 25 feet. Wh
business began, we agreed to have an eight -foot fence. Lately, they have m
but for a long time they didn't maintain it properly. The reason I wanted th
because I could see, and being the comer property, vandalism would be ran
has been a lot of police calls out there. There are a lot of people cutting thri
get through here. In fact, the vacant lot coming across here, starting on Lot
where the police apprehended somebody who burglarized that business. TI
security is my major concern about this entire project. I would like to see a
eight -foot fence. Personally, would like to see it solid and wired so no one I
that fence. I would also like to see some lighting out there so nobody can r
I'liat would
s to many
rant to see
i this car
�ntained it,
fence was
ied. There
igh just to
3a, that is
& is why
-nce too, an
)es through
)ve out there
and would not want to be shadows. This property is about a foot higher and paved from
the other properties. I have a real problem with drainage backing up when it rains in my
yard. It is a foregoing conclusion from what you heard here that this property is fice
Park, which was just recently developed, they have a drainage pond back there, and also
barbed wire and it is very close to the neighborhood behind it, which is West Oceana
Gardens. I really, to be honest with you, kind of resent the fact, that nobody has tried to
talk to me about this at 0. The Planning Department and the folks in the Planning
Department were very nice about it, in fact, but I haven't had any communication with
Ms. Ferrell, none whatsoever. By the way, I had some photographs that I have taken that
illustrate things. For instance, this shows the drainage pond across the street, which will
probably be a good model if you're going to do something like this, and this photograph
also shows a rain to that mark at one -foot intervals, and a level which shows exactly high
how that property really is. But I intended to agree with Mark and Mr. Reid about this. I
really would like to have a lot more communication with my neighbors on what they
want to do with things.
Barry Knight: Thank you sir.
Joseph Strange: That concludes the speakers.
Barry Knight: You're welcome to come back up ma'am. Welcome back, and please
identify yourself again for the record.
Leah Copeland: Thank you. Again, my name is Leah Copeland, attorney for the
applicants. I think a number of our proffers address some of the issues that were brought
up by parties. Each of them addressed fencing. In the proffers currently, we do have that
the six-foot fence of the maintenance -free material, which would essentially be vinyl and
solid all the way through will be put up. I talked with my client and she said that an
eight -foot fence, she would not have any objection to; so, between now and Council, I
think we can change our proffers to reflect an eight -foot fence to work that out between
the neighbors. Mr. Howren, who was the first to speak, also addressed ingress/egress,
which I failed to address. There would be no egress/ingress from Louisa Avenue. All
would be through First Colonial Road. And the understanding of this application is there
is no commercial traffic on Louisa Avenue. In regards to the old trees, again my client, at
this point, had no problem with that. Again, any proposed uses are going to have to come
before you again, and again they are going to have the opportunity to object to them. Mr.
Reid asked why we need the rezoning now that we don't have a proposed use. Frankly,
at this time it is difficult to find somebody to come in and use the property if they know
we got to go through this entire process. If we can go ahead and have it rezoned and
ready to go, then potentially we can have a tenant in there that would be able to use the
whole property. And again, we would come before you for their uses but we wouldn't
have to go through rezoning and then for use. That is why we're doing it now. Again,
we are just asking for the back portion of the property. We do understand the
neighborhood component of this, and that is why we are not seeking the full lot size.
We're leaving the houses. We're leaving 6,400 square foot lots along Louisa Avenue,
which will keep the neighborhood appeal. We're just looking for the back portion of the
property. Mr. DiSilvestro again addressed the fence. We have spoken with the current
tenants. I understand that when you drove by, there were some concerns, and the fence
has been replaced. And, again these are addressed in our proffers. Also, landscaping is
addressed in our proffers. He had addressed that. He liked the trees in the backyard and
so and so forth. We will have landscaping beyond the fence. Finally, Mr. Hauscom. asked
about lighting. Again, lighting is addressed in the proffers. There will be adequate
lighting. However, it is lighting that will not reflect on to the neighbors. I believe we
have addressed all issues that the neighbors are concerned with. Again, we will speak
with them between now and Council regarding the eight foot fence and see what we can't
come up with, but I do think this is ready to go.
Barry Knight: Thank you. Are there any questions? Thank you ma'am.
Leah Copeland: Thank you.
Barry Knight: I'll open it up for discussion. Mr. Henley.
Al Henley: Jack, is First Colonial Road slated for widening?
Jack Whitney: In the Master Street and Highway plan, it may be. In the Capital
Improvement Project, I don't believe we have an actual project funded.
Al Henley: so if it is, it is way down the road?
Jack Whitney: Yes it is.
Barry Knight: Is there any other discussion?
Donald Horsley: Barry?
Barry Knight: Yes sir.
Donald Horsley: I will sponsor this gentleman.
Barry Knight: Okay. Mr. Reid, come back to the microphone. Please identify yourself
again please.
Sam Reid: Sam Reid, Oceana Gardens Civic League President. The widening of First
Colonial Road, the City's already bought the Red Baron, the Double L and s me other
properties right along in here. The Double L is over here. There is a little barbershop
there and some other right here. So, the widening for Oceana Boulevard, and the way I
understand it is supposed to come through. This is an auto parts repair place, Donovan's
Auto Center, so it is supposed to come through here. I'm not sure if it is taking any of the
land that is part of Ms. Ferrell's and the car lot. But I do know that it is supposed to
come up through here. This right here is the Red Baron. This is another car lot. All of
these are supposed to be bought. This one has already been bought. The Double L on
this comer over here is in the process of being bought up. And the Wawa gas station is
right here right now. This is an old photo. But the project is in swing. The) are buying
the property and they are using the 15 million dollars for the Oceana Land U se
Conformity to do that with because it is all considered one deal.
Donald Horsley: Thank you.
Jack Whitney: Mr. Chairman?
Barry Knight: Mr. Whitney.
Jack Whitney: I want to address it. There are some improvements to First Colonial Road
planned to begin in 2009. A lot of these property acquisitions have to do with acquisition
of uses in the APZ I area. But there are some improvements to First Colonial Road slated
to begin construction in 2009.
Barry Knight: Thank you. Is there any discussion from the Commission? It looks like
we have a situation here where these are large lots, and the residents would like to keep
the large lots. It has been open space and they want to keep it as open space. They don't
want to see it developed is what I see. Of course, then we have to weigh the issues of the
property owners. You can put any houses. They can't subdivide and put any houses.
They are very limited to what they can do. So, it looks like we have a question before us
is to whether to approve this to a higher use or leave it the way it is. Mr. Henley?
Al Henley: I guess I would be not a very good Commissioner if I voted for this. I just
voted against my neighborhood by saying that I didn't want additional change. I know
that this is a very, very old neighborhood. I've had some friends that are no longer here
with us, and they resided in that neighborhood. That is a historical neighborhood. And, if
I was residing in that neighborhood, I would love to see no changes to that and remain
those backyards. I know there have been other areas. The newer neighborhoods in the
City of Virginia Beach where you have large lots and they have come in before us to
build additional homes and make those lots smaller, Trentwood was one, Thalia Gardens
was another one, and so forth. I think anytime like that when we begin to chip away, not
only on historical neighborhoods but also our existing neighborhoods then your changing
the entire culture, if you would, if you would of those neighborhoods, by reducing the
lots to a smaller size. I realize we have additional people that are moving in our lovely
City, and we're going to need additional spaces to live, but I just cannot see how I can
support this particular application because of the neighborhood. I have to decide with the
residents that came before us today; so, I will not be able to support this application.
Barry Knight: Thank you. Mr. Horsley.
Donald Horsley: Thank you. I'm going to side with Al on this, because, and my reason
is we've got a pretty large rectangular property there. It looks like we're just cutting out
one little parcel that we may not have a use for but there is a use somewhere. Pretty
quick it is going to beput there. It just looks like tome that we're just cutting out a little
chunk. I would prefer that if we got a plan for that area, we have to keep as large a tract
together as possible. I don't think we should jump into a residential area and just carve
out a little piece of B-2 property and rezone it B-2. If you look on the map on Page 8,
you can see that is just cutting out a little piece to join this front piece. That is what it
looks like to me. I think there isn't a use now, but I think that someone may have. But I
prefer to keep that larger piece together. If it is going to be redevelopedjust develop it as
a large piece.
Barry Knight: Thank you Mr. Horsley. Are there any other questions or comments? The
Chair will entertain a motion.
Al Henley: I make a motion to deny.
Barry Knight: A motion to deny? Do I have a second? Okay. There is a motion on the
floor to deny item 16. The motion made by Al Henley and a second by Don Horsley. A
YEA vote will be a motion to deny. Ms. Anderson?
Janice Anderson: Yes. I need to abstain. My firm is working on this
Barry Knight: Thank You- Is there any other discussion? Mr. Bernas.
Jay Bernas: I think I may side with Commissioners Horsley and Henley. I think the
underlying concern that the residents have is the unknown. I understand the ap I plicant's
position that they want to get it rezoned, and then market it that way. But I think the
underlying issues are the unknown, and what is going to go there. So, I'm not, going to
be in favor of the application. I rather see it together as a rezoning and a Conditional Use
Permit just because of the unknown. I think that is some of their underlying concerns are
what is going to go there? is it going to be compatible from the residential nature?
Barry Knight: Thank you Mr. Bernas. is there any other discussion? There is a motion on
the floor to deny. I'll call for the question.
STRANGE NAY
WOOD AYE
Ed Weeden: By a vote 7-3, with the abstention so noted, the application of J anne S.
Ferrell and Edith Johanna Smith has been denied.
AYE 7 NAY 3 ABS I ABSENT 0
ANDERSON
ABS
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
NAY
REDMOND
NAY
STRANGE NAY
WOOD AYE
Ed Weeden: By a vote 7-3, with the abstention so noted, the application of J anne S.
Ferrell and Edith Johanna Smith has been denied.
Zoning Change from R -5D to B-2
1A.
In Reply Refer To Our File No. DF -6532
TO: Leslie L. Lilley,
FROM: B. Kay Wilso;
CITY OF VIRGINIA BEACH
fNTER-OFFICE CORRESPONDENCE
DATE: August 3, 2007
DEPT: City Attorney
DEPT: City Attorney
RE- Conditional Zoning Application; Ferrell, Joanne S. & Smith, Edith
Joanne S.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on August 14, 2007. 1 have reviewed the subject proffer agreement, dated
May 7, 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
OUR tW'O*��
In Reply Refer To Our File No. DF -6532
TO: Leslie L. Lilley,
FROM: B. Kay Wilso;
CITY OF VIRGINIA BEACH
fNTER-OFFICE CORRESPONDENCE
DATE: August 3, 2007
DEPT: City Attorney
DEPT: City Attorney
RE- Conditional Zoning Application; Ferrell, Joanne S. & Smith, Edith
Joanne S.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on August 14, 2007. 1 have reviewed the subject proffer agreement, dated
May 7, 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
KELLAM, PICKRELL,
COX & TAYLOE
I PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
NORFOLK, VA.
FILE NO.
Joanne S. Ferrell and Edith Johanna Ferrell Smith,
Successor Trustee under the Thomas S. Ferrell, Jr. Family Trust
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 70'day of May, 2007 by and between JOANNE S.
FERRELL and EDITH JOHANNA FERRELL SMITH, Successor Trustee under the Thomas
S. Ferrell, Jr. Family Trust, GRANTORS, and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth Of Virginia, GRANTEE.
WI '4ESSETH:
WHEREAS, the Grantors are the owners of certain parcels of land located in the
Beach District of the City of Virginia Beach, formerly known as Lots 16, 17 and 18 in Block
11, Oceana Gardens, Map Book 3, Page 51, and as more particularly described in Exhibit A
prepared by Kellam Gerwitz which is attached hereto and incorporated herein by reference
(the "Property"); and
WHEREAS, the Grantors' parcels are zoned R51), Residential District, are located in
an AICUZ Zone of greater than 75dB Ldn and lie within Accident Potential Zone 1; and
WHEREAS, the Grantors have 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 a portion of Lots 16, 17 and 18, Block 11, Oceana Gardens, Map
Book 3, . Page 51 as described in Exhibit B from R51), Residential District to Conditional B2,
Business District; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at
GPIN: 2407-85-6101-0000
2407-85-6107-0000
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 Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the B-2 Business District and
Accident Potential Zone I areas by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development, operation, and use of the Property
being recorded to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, 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 o for zoning, rezoning, site plan, building permit, or
gjL
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
being rezoned and hereby covenants and agrees that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties and
1
persons claiming under or through the Grantors, their successors, �ersonal representatives,
KELLAM, PICKRELL,
COX &TAYLOE assigns, grantee, and other successors in interest or title:
A PRoFESSIOMAL- CORPORATION
ATTORNEYS AT LAW
NORFOLK, VA.
FILE NO.
KELLAM, PICKRELL,
COX &TAYLOE
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
NORFOLK, VA.
FILE NO.
I . The height of any building on the property shall not exceed 35 feet and thc
colors for the exterior of any building shall be predominantly earth tone in color.
2. There shall be a 15 foot building setback along the portion of the property
which abuts R51) zoned property. A 6 foot privacy fence shall be installed along the Common
Property line with Lot 19, Lot 12A and Lot 15. Such fence shall be solid and made of
maintenance -free material and shall otherwise comply with the City Zoning Ordinance.
Category 4 landscaping will be Planted outside of this fence.
3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto the premises and away from adjoining property. A photometric plan
depicting such lighting shall be submitted to the City of Virginia Beach Planning Department
during final site plan review for review and approval as part of the site plan review process.
4. The applicants shall resubdivide the property with regard to Lots 16, 17 and 18
as shown on Exhibit A for Rezoning dated January 11, 2007 entitled "Rezoning Exhibit for
Parcel 9, 10, 11, 16, 17 and 18, Block 11, Oceana Gardens (MB 3, P 5 1) for Joanne S. Ferrell
and Thomas S. Ferrell Family Trust" prepared by Kellam Gerwitz which has been exhibited
to the City of Virginia Beach and is on file with the Planning Department. Resubdivided Lots
16A, 17A and 18A shall be restricted to single family use.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in
full force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is apart 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
k]
written instrument record in the Clerk's office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of thee 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 15.2-2004 of the Code of Virginia, 1050, as amended. Said ordinance
or resolution shall be recorded along with said instrument as conclusive evidence of such
consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the 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
KELLAM, PICKRELL,
COX & TAYLOE (4) The Zoning Map may show by an appropriate symbol !on the map the existence
A rROFES-11ONAL CORPORA710N
ATTORNEYS AT LAW
NORFOLK, VA.. of conditions attaching to the zoning of the Property, and the ordinances and the conditions
FILE NO.
KELLAM, PICKRELL,
COX & TAYLOE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
NORFOLK, VA.
FILE NO.
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 Grantors and the Grantee.
WITNESS the following signature and seal:
Grantors:
Joan e S. Ferrell
Smith, ucc essor Trustee
Edith Johanna errell S Vuc-�4_c2es`sorTn�ist,-,-
under the Thomas S. Ferrell, Jr. Family Trust
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
&,yE 2007, by Joanne S. Ferrell.
1, )ac�_
N4otary Public
My commission expires: 01 -3 jZ00 q
L__ __
STATE OF VIRGIMA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was ackno,%,vldg d before me *,his S�t-4 day of
I Se
2007, by Edith Johanna Fere 11 Smith, Successor T-Fustee under the Thomas S.
Ferrell, Jr. Family Trust. �' I
114 11 �17
Notary Public
My commission expires: _6 1
DIMPLANNING \PROFFER AGREEMENT
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT certain, lot, piece or parcel of land together with improvement thereon and
appurtenances thereto belonging, situate, lying and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as that portion of Lots 16, 17 and 18
to be rezoned B2 as shown on that certain plat entitled "Preliminary Rezoning Exhibit for
Parcel 9, 10, 11, 16, 17 & 18; Blk 11, Oceana Gardens (MB. 3, PG. 5 1) for Joanne S.
Ferrell & Thomas S - Ferrell, Jr. Family Trust, Virginia Beach, Virginia" which said plat is
attached hereto.
DOC/PLANNING/FERRELL TRUST LEGAL
-59 -
Item V -L. 7
PLAMVING ITEM#56627
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEF17VITEL Y Ordinance upon application of A GC A CQUISITION, L.L C for a Change of Zon
District Classification rom A G-2 Agricultural District to Conditional B-4 Mixed Use District:
, f
ORDINANCE UPON APPLICA TION OF A GC A CQ UISITION, L. L. C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG -2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 AffXED
USE DISTRICT
Ordinance upon application ofAGC Acquisition, L.L. C. for a Change o
Zoning District Classification ftom AG -2 Agricultural District to
Conditional B-4 Mixed Use District on property located at 1291 Nimmo
Parkway (GPIN 2414161683). DISTRICT 7 — PRINCESS AAWE
Voting. 9-0 (By Consent)
Council Members Voting Aye:
William R "Bill" DeStepk Barbara M. Henley, Vice Mayor Louis X Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A.
Villanueva, Rosemwy Wilson andJames L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Har?y E. Diezel and Robert M Dyer
July 10, 2007
TRouTm,6,N SANDERS LLP
A T T 0 R N E Y S A T L A W
A LIMITED LIAOI LIT V PART NEASN"'
222 Central Park Avenue
suite 2000
VIRGINIA BEACH. VIRGINIA 23482
www.troutmansanders.com
TELEPHONE: 757-667-7500
FACSIMILE: 757-a$7-7510
R. J. Nutter, 11
I.nutteretroLftnansanders.com
July 10, 2007
BY FACSIMILE 7571385-5669
Ruth Hodges Fraser, MMIC
City Clerk
City of Virginia Beach
2401 Courthouse Drive, Room 281
Virginia Beach, Virginia 23456
RE: Conditional Rezoning Application of AGC Acquisition, LLC
Dear Mrs. Fraser:
DIred Dial: 767-687-7502
Dire& Fox. 757-687-1614
I represent AGC Acquisition, LLC in its Conditional Rezoning Application currently
scheduled to be heard by City Council this evening, June 10, 2007. The purpose of this
correspondence is to request a 30 -day deferral of this matter to August 14, 2007, in order to
address recent issues raised concerning this application.
We hope to address these issues over the course of the next two weeks.
Thanking you for your consideration in this matter, I am
/ " Very truly ours,
R. J,*utter, U
cc: Mr. Ramon W. Breeden, Jr.
The Honorable Barbara M. Henley
ATLAr-JTA HONG ICONG . Lols;DoN - NEW YORK - NEWARK - NORFOLK - RALEIG11
RicHmOND SRANGHAI - TysoNs CoRwrvt . VIRGINIA 13EACH - WASHING,roN. D.C.
44�� W-77
awl,
rm Nl,M
ORM
f ON'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of AGC Acquisition, L.L.C. for a Chang -e of Zoning District
Classification from AG -2 Agricultural District to Conditional B-4 Mi"d Use
District on property located at 1291 Nimmo Parkway (GPIN 2414161683).
DISTRICT 7 — PRINCESS ANNE
MEETING DATE: August 14,2007
Background:
The applicant proposes to rezone an existing parcel, zoned AG -2 Agricultural
District, to Conditional B-4 Mixed Use District, and to develop the site with retail
uses and multi -family dwellings. The applicant proposes a retail building of
24,777 square feet and 99 multi -family dwellings.
This application was indefinitely deferred by the City Council on July 10, 2007.
The applicants representative notified staff of the applicant's desire to have the
item returned to City Council on August 14, 2007, for consideration. In
compliance with that request, the application was legally advertised and new
public signs were placed at the property advertising the August 14, 2007,
meeting date. The application, therefore, has been advertised as required by the
State Code and the City Zoning Ordinance and must be heard scheduled for the
August 14, 2007 meeting.
Considerations: quested an indefinite deferral of this item to allow
The applicant has now re outstanding issues that have arisen since the Planning
additional time to address
commission hearing.
Recommendations: ended. Based upon discussions
Indefinite deferral of the application is recomM rking on revisions to the MOU
with the Navy, the City and Navy are jointly wo
process in the 65 to 70 decibel zone.
AGC Acquisition, L. L.C.
Page 2 of 2
Attachments:
Location Map
Recommended Action: Indefinite deferral.
Submifting DepartmentlAgency: Planning Department
City Manager: ':� �' - :�q "I -IL
-31 -
item V-14.
PLANNING ITEM #56549
Attorney Edward Bourdon, Pembroke Office Park, Building One, 281 Independence Boulevard, Phone:
499-8971, represented the applicant and requested DEFERRAL until August 14, 2007. His clients
have spoken to Kenneth Lacy, President — Lynnhaven woods Civic League, re storm water runoff
and will make arrangements to meet with the Lynnhaven Woods Civic League.
Upon motion by Council Lady McClanan,, seconded by Councilman Dyer, City Council DEFERRED
until the City Council Session of August 14, 2007, Ordinance upon application of SOUTH H"PTON
ROADS IIABITA T FOR HUMANITY, INC. for a Conditional Change of Zoning re the construction of
a ten (10) unit residential condominium
ORDINANCE UPON APPLICATION OF SOUTH JL4MPTON ROADS
HABITAT FOR HUAMNITY, INC FOR A CHA rGE F ZONING
DISTRICTCLA ;IFICA TION FROM R-7.5 To CONDITIONAL A-12
Ordinance upon Application of south Hampton Roads Habitat for
Humanity, Inc. for a e of Zoning DiLskict Classi lic_ationfrom R-7.5
f
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
Council Lady McClanan reiterated the concern and reduced the Conditional Use Permit ftom a ten
(10) unit to a six (6) unit residential condominium. The Memorandum of Understanding (MOL9
Committee met on April 26, 2007, and was of the opinion that there are no other reasonable usesfor
the property that are compatible with the Navy's AICUZ Program guidelines. A maximum
development potential of the site, six (6) unit residential condominium is not unreasonable. This
application is within the 65-70 dB DNL Noise Zone.
Voting: 10-0
Council Members Voting AYe:
William R. "Bill" DeSteph HarryE.Diezel, RoberlMDyer, BarbaraM
Henley, Vice Mayor Louis R. Jones, Reba&McClanan, MayorMeyeraE-
Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood
council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
South Ham-htnn Rnad-,c
Conditional Zoning Chage: from R 7.5 to A- 12
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 1487939640). DISTRICT 3 —
ROSE HALL
MEETING DATE: August 14,2007
0 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-1 2 Apartment District for the purpose of constructing a ten (10) unit
residential condominium.
On June 12, 2007, the City Council deferred this application to August 14 at the
request of the applicant.
0 Considerations:
The applicant has submitted a letter requesting indefinite deferral of this
application.
Recommendations:
Allow indefinite deferral.
E Attachments:
Letter requesting Deferral
Location Map
Recommended Action: Indefinite Deferral
Submitting DepartmentiAgency: Planning Department
City Managen!
SYKES, BOURDON,
AlnN & LEW, P.0
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE 'OFFICE PARK - BUILDING ONE
281 INDEPENDENCE BOULEVARD
FiFrH FLOOR
VIRGINIA BE^cH, VIRGINIA 23462-2989
TELEPHONE: 757-499-8971
FAcsimim 757-456-5445 July 25,2007
Via Hand
Ruth Hodges Smith, City Clerk
Office of the City Clerk
City Hall Building *i, ROOM 281
Municipal Center
Vnigink Beach, Vinginia 2M6
JON M.AHERN
1. EDWARD BOURDON. JR.
JAMES T. CROMWELL
L. STEVEN EMMERT
DAVID S. HOLLAND
KATEY KORSLUND
KIRK S. L VY
El
0. JACKSON MOORE. JR.
JENNIFER 0. ORAM-SMITH
HOWARD R. SYKES. JR.
Ite: August 14, 2-007 My Cound AgendL% Apphmtton of Souffi HaMptDu Roa& Habftt for
Hummifty Condftional Cianp of Zoning Distirid Cassffeation from R-7-5 Reddlential
Distnd to CondmozW A -i2 Aparftmt Dbsftict; 3.2 Am Parml in the Rose HO Distnd
F001 -71-1m,
On behaff of South Hamptmn Roads Habitat for Humanity, I am writing to you to
advise that we will be requesting that the above referenced appfication be indefinitely deferred
by the Council at its August i4,2oo7 public hearing.
South Hampton Roads Habitat for Humanity has engaged the services of MSA, P.C. to
evaluate the costs of attempting to develop the su1ject: property as 4 or potentially 5 single
fiin* lots for badly needed affordable housing. It does not appear to be economically feasible
to create a 6 unit multi-fimily condominium with the required chirre and keep the
units affurdable.
I appreciate your bnngmg it to CouncWs attention that we are requesting this item be
indefinitely deferred.
Sincerely—
ig 7-2--
X10jr/arhm R. Edward Bourdon, Jr.
John F- Nbrpn, ift
Kvm Prodilo� Dqwbnmt of Pbnwg
Maym Meym IL Obemdmf
V= Maym Lods EL Jam
CoundInm Hany L Dind
Commlmm Bob Dyw
,Cauncfl=nJobn1LUb&
Comieftwoman Reba S. McClanm
Co�� 0 aiiT� —AL—Hfe-n*
Cmwxz1D= RmA. Wanueva
Cmncflwmm Rosmury W9wn
Counciln=James L Wood
Condid= fy - -jr/HodgwShdffi_Un
Item III -I -a -
PUBLIC HEARING
PLANNING ITEM # 34201
Sam Moore, 1017 Brandon Road, Phone: 491-6799, Manager of the Princess Anne
Club, represented the applicant and displayed the rendering of the expansion.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED a Resolution upon application of PRINCESS ANNE COUNTRY CLUB
authorizing the enlargement of a Nonconforming Use:
Resolution authorizing the enlargement of a
nonconforming use on the property of the Princess
Anne Country Club, located at 38th Street and
Pacific Avenue, in the Borough of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Sessoms DISCLOSED pursuant to Conflict of Interests Act, Section
2.1-639.14(G), Code of Virginia, he is a Member of the Princess Anne Country
Club. Councilman Sessoms is able to participate in the transaction fairly,
objectively, and in the public interest. Councilman Sessoms, letter of March
11, 1991, is hereby made a part of the record.
APPR ���Co
DEPAJ�ME-ff
APPROVED AS TO LEGAL
U 17T
,FfYENC ',AND FC
CITY ATTORNEY
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING USE
3 ON THE PROPERTY OF THE PRINCESS ANNE
4 COUNTRY CLUB, LOCATED AT 38TH STREET
5 AND PACIFIC AVENUE, IN THE BOROUGH
6 OF VIRGINIA BEACH
7 WHEREAS, the Princess Anne Country Club (hereinafter
8 referred to as the Applicant) desires to renovate and/or replace
9 certain facilities located upon its property at 38th Street and
10 Pacific Avenue, in the R-7-5 Residential Zoning District; and
11 WHEREAS, such facilities consist of the clubhouse, pro
12 shop and other amenities located thereon; and
13 WHEREAS, the renovation and/or replacement of such
14 facilities constitutes the* enlargement of a lawful nonconforming
15 use, in that such facilities are not permitted uses under the
16 present use regulations of the R-7.5 Residential Zoning District,
17 but were lawfully established; and
18 WHEREAS, in accordance with Section 105(d) of the City
19 Zoning ordinance, the City Council is empowered to authorize the
20 enlargement of a nonconforming use pursuant to the standards set
21 forth therein;
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
23 CITY OF VIRGINIA BEACH, VIRGINIA:
24 That the City Council hereby finds that the aforesaid
25 facilities, as enlarged, would be equally appropriate or more
26 appropriate to the R-7.5 Residential District than the facilities
27 are as they now exist.
28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30 That the Princess Anne Country Club be, and hereby is,
31 authorized to renovate and/or replace the aforesaid facilities I in
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
accordance with the plans shown on the attached Exhibit A, on the
following conditions:
1. That the said facilities comply with all building, site
plan and other requirements of the City of Virginia Beach;
2. That the Applicant reserve a portion of its property
along Holly Road and Sea Pines Road, approximately ten feet in
width, to provide for a standard fifty -foot right-of-way; and
3. That the lodging facilities authorized by this
Resolution shall be limited to a maximum of eighteen units and
that such facilities shall be used only by members of the Princess
Anne Country Club and their guests.
Adopted by the City council of the City of Virginia
12 March
Beach, Virginia, on the day of 1991.
CA -91-4125
\noncode\club.res
R-2
04
Modihcation of Conditions
1
4/12/82
Rezoning (R-6 Residential to R-8 Residential)
-Conditional
Approved
2.
6T2--7/00
Use Permit (Church expansion)
Approved
3/16/87
Conditional Use Permit (Church expansion)
Approved
3.
3/12/91
Change in Nonconforming Use
Approved
12/18/89
Change in Nonconforming Use and Conditional Use
Approved
Permit (outdoor recreational facility)
4/12/89
Change in Nonconforming Use
Approved
4.
3/9/93
Change in Nonconforming Use
Approved
5.
10/09/02
Change in' Nonconforming Use and Conditional Use
Permit (outdoor
Approved
recreational facility — golf cart storage)
ZONING HISTORY
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Modification of Conditions for the
Enlargement of a Nonconforming Use Approved on March 12,1991
on Property located at 3800 Pacific Avenue (GPIN 2418942388).
DISTRICT 6 — BEACH.
MEETING DATE: August 14, 2007
N Background:
The applicant was granted a Change in a Nonconforming Use by City Council on
March 12, 1991. The request was to renovate and or replace facilities at the
Princess Anne Country Club. The approval had three (3) conditions:
1 . That said facilities comply with all building, site plan and other
requirements of the City of Virginia Beach;
2. That the Applicant reserve a portion of its property along Holly Road and
Sea Pines Road, approximately ten feet in width, to provide for a standard
fifty -foot right-of-way; and
3. That the lodging facilities shall be limited to a maximum of eighteen units
and that such facilities shall be used only by members of the Princess
Anne Country Club and their guests.
E Considerations:
The site development plan submitted in 1991 depicted twelve tennis courts, four
of which were to be enclosed with a permanent structure. The applicant is now
requesting a modification to that approval to allow three of the outdoor tennis
courts to be enclosed with an air -supported structure on a seasonal basis of
December 1 st through March 31 st. The applicant states that since the
renovations of the club, there has been a large increase in the use of the tennis
facilities, particularly by junior members. The applicant sees this as a positive
trend to be encouraged.
The submitted site plan depicts three tennis courts enclosed with an air -
supported structure and a 20 -foot by 30 -foot (20'x3O') concrete storage pad
enclosed by an eight -foot (8) high split -face block wall. When not in use, the fans
used to inflate the air -supported structure will be stored in this proposed storage
area. The structure itself will also be stored in this area when not in use. The air -
supported structure is 34 -feet (34) in height and similar to the covering at the
Owl's Creek Tennis Courts at Birdneck Road and General Booth Boulevard.
Princess Anne Country Club
Page 2 of 2
Recommendations:
Pursuant to Section 105(e) of the City Zoning Ordinance, a nonconforming use
may be modified only if the City Council finds that the proposed use, as modified,
will be "equally appropriate or more appropriate to the district than is the existing
nonconformity."
The proposed modification to the 1991 approval of a change in a nonconforming
use is reasonable, will have a minimal impact, and should be as appropriate to
the district as the existing non -conforming use. The applicant is requesting
covering three existing tennis courts on a temporary basis with an inflatable
structure. No existing structure or use is being enlarged or expanded. The
request, therefore, is acceptable with the conditions below.
1. The applicant shall obtain all the required permits and inspections and a
certificate of occupancy from the Permits and Inspections division of the
City of Virginia Beach Planning Department.
2. The proposed air -supported structure shall be installed on the three tennis
courts as depicted on the submifted exhibit entitled "Air Structure Exhibit
of a Portion of Parcel PAAC-1 ", prepared by MSA, PC, and dated 4/5/07.
Said exhibit has been exhibited to the City of Virginia Beach City Council
and is on file in the Planning Department.
Attachments:
Staff Review
Disclosure Statement
Location Map
Resolution
Recommended Action: Staff recommends approval.
Submitting Department/Agency: Planning Department
City Manager:<::J� -" �_ , %�18 &;,,, 4
PRINCESS ANNE
COUNTRY CLUB3
INC.
August 14, 2007 City Council Meeting
Staff Planner: Faith Christie
REQUEST:
Modification of Conditions
for a Change in a -Nonconforming Use
appro ed on March 12, 1991
ADDRESS I DESCRIPTION: Property located at 3800 Pacific Avenue
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24189423880000 6 - BEACH 11.470 acres
's
N
The applicant was granted a Change in a Nonconforming Use SUMMARY OF REQUEST
by City Council on March 12, 1991. The request was to
renovate and or replace facilities at the Princess Anne Country Club. The approval had three (3)
conditions:
1 . That said facilities comply with all building, site plan and other requirements of the City of Virginia
Beach;
2. That the Applicant reserve a portion of its property along Holly Road and Sea Pines Road,
approximately ten feet in width, to provide for a standard fifty -foot right-of-way; and
3. That the lodging facilities shall be limited to a maximum of eighteen units and that such facilities
shall be used only by members of the Princess Anne Country Club and their guests.
The site development plan submitted in 1991 depicted twelve tennis courts, four of which were to be
enclosed with a permanent structure. The applicant is now requesting a modification to that approval to
allow three of the outdoor tennis courts to be enclosed with an air -supported structure on a seasonal
basis of December 1st through March 31st. The applicant states that since the renovations of the club,
there has been a large increase in the use of the tennis facilities, particularly by junior members. The
applicant sees this as a positive trend to be encouraged.
The submitted site plan depicts three tennis courts enclosed with an air -supported structure and a 20 -foot
by 30 -foot (20'x3O') concrete storage pad enclosed by an eight -foot (8') high split -face block wall. When
not in use, the fans used to inflate the air -supported structure will be stored in this proposed storage area.
The structure itself will also be stored in this area when not in use. The air -supported structure is 34 -feet
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 1
(34') in height and similar to the covering at the Owl's Creek Tennis Courts at Birdneck Road and General
Booth Boulevard.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The Princess Anne Country Club, tennis courts, pool, and maintenance facilities.
SURROUNDING LAND North: a Linkhom Drive
USE AND ZONING: 0 Across Linkhorn Drive are multi -family dwellings / A-1 2
Apartment and R-2.5 Townhouse
South: 0 Multi -family dwellings / A-24 Apartment
East: 0 Sea Pines Road
0 Across Sea Pines Road are multi -family dwellings and an office
/ A-12 Apartment and 0-1 / 0-2 Office
West: 0 Holly Road
0 Across Holly Road are single-family dwellings and a golf course
NATURAL RESOURCE AND The site is occupied by buildings, tennis courts, pool, parking, and
CULTURAL FEATURES: mature landscaping. There are no significant natural resources
associated with the site.
The Country Club opened in 1920, with the golf course opening in 1921.
AICUZ: The site is in an AICLIZ of Less than 70-75dB Ldn surrounding NAS
Oceana. The use is compatible within this AICUZ.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request.
The proposed modification to the 1991 approval of a change in a nonconforming use is reasonable, will
have a minimal impact, and should be as appropriate to the district as the existing non -conforming use.
The applicant is requesting covering three existing tennis courts on a temporary basis with an inflatable
structure. No existing structure or use is being enlarged or expanded. The request, therefore, is
acceptable with the conditions below.
CONDITIONS
1. The applicant shall obtain all the required permits and inspections and a certificate of occupancy from
the Permits and Inspections division of the City of Virginia Beach Planning Department.
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 2
2. The proposed air -supported structure shall be installed on the three tennis courts as depicted on the
submitted exhibit entitled "Air Structure Exhibit of a Portion of Parcel PAAC-1 ", prepared by MSA, PC,
and dated 4/5/07. Said exhibit has been exhibited to the City of Virginia Beach City Council and is on
file in the Planning Department.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes 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.
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 3
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 4
pb, C
1—JIL
UTONw-
Princess Anne (,ountry Club, Inc.
August 14, 2007 City Council Meeting
Page 5
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 6
Modif
k2tion of Conditions
1
4/12 - /82
Rezoning (R-6 Residential to R-8 Residential)
Approved
2.
6/27/00
Conditional Use Permit (Church expansion)
Approved
3/16/87
Conditional Use Permit (Church expansion)
Approved
3.
3/12/91
Change in Nonconforming Use
Approved
12/18/89
Change in Nonconforming Use and Conditional Use
Approved
Permit (outdoor recreational facility)
4/12/89
Change in Nonconforming Use
Approved
4.
3/9/93
Change in Nonconforming Use
5.
10/09/02
Change in Nonconforming Use and Conditional Use
Approved
Permit (o tdoor recreational facility — golf cart storage)
ZONING HISTORY
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 7
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DISCLOSURE STATEMENT
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 8
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DISCLOSURE STATEMENT
Princess Anne Country Club, Inc.
August 14, 2007 City Council Meeting
Page 8
1 A RESOLUTION AUTHORIZING THE MODIFICATION OF
2 CONDITIONS FOR THE ENLARGEMENT OF A
3 NONCONFORMING USE APPROVED ON MARCH 12,
4 1991 ON PROPERTY LOCATED AT 3800 PACIFIC
5 AVENUE, BEACH DISTRICT
6 WHEREAS, Princess Anne Country Club, Inc. (hereinafter the "Applicant"), has
7 made application to the City Council for modification of conditions placed upon the
8 approval of an enlargement of a nonconforming use on March 12, 1991 to allow the
9 seasonal enclosure of tennis courts and related storage area on a certain lot or parcel of
10 land having the address of 3800 Pacific Avenue,. in the R-7.5 Residential District; and
11
12 WHEREAS, the said use is nonconforming, as it is not presently a permitted use
13 in the R-7.5 Residential District. This use was constructed prior to the adoption of the
14 Princess Anne County or Town of Virginia Beach Zoning Ordinance; and
15 ur tennis
16 WHEREAS, the prior approval allowed the permanent enclosure of fo
17 courts, and the request is to modify this with the seasonal enclosure of three courts and
18 the addition of a storage area; and
19 ance, the
20 WHEREAS, pursuant to Section 105 of the City Zoning Ordin
21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
22 City Council authorizing such action upon a finding that the proposed use, as enlarged,
23 will be equally appropriate or more appropriate to the zoning district than is the existing
24 use;
25 CITY OF
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
27 VIRGINIA BEACH, VIRGINIA: modification of the
28 That the City Council hereby finds that the proposed
29 conditions of approval on March 12, 1991 will be equally appropriate to the district as
30 are the existing conditions.
31
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34 That the proposed modification of conditions is hereby authorized, with the
35 following conditions:
36
37 1 The applicant shall obtain all the required permits and inspections and a
38 certificate of occupancy from the Permits and Inspections division of the
39 City of Virginia Beach Planning Department.
40 2. The proposed air -supported structure shall be installed on the three tennis
41 courts as depicted on the submitted exhibit entitled "Air -structure Exhibit
42 of a portion of Parcel PACC-1", prepared by MSA, PC., and dated 4/5/07.
43 Said exhibit has been exhibited to the City of Virginia Beaph City Council
44 and is on file in the Planning Department.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
47 August, 2007.
APP, VED AS TO CONTENT:
Plaining
CAl 0470
R-1
August 1, 2007
APPROVED AS TO LEGAL
surn=.-/
j
City Attorney's bffice
CITY OF VIRGINIA BEACH
AGENDA ITEM .00
ITEM: An Ordinance to Amend Section 200 of the City Zoning Ordinance by
Establishing Minimum Setbacks from Certain Bodies of Water for Single -
Family and Duplex Dwellings.
MEETING DATE: August 14,2007
E Background:
There is an increasing trend in the construction of homes and additions to homes
to build out over water in situations where area on the lot is limited. Such
construction is not desirable for a variety of reasons, but primarily due to the
impact on natural resources and the potential safety issues.
E Considerations:
The amendments establish a minimum 5 -foot setback from a permanent body of
water for single-family and semi-detached dwellings and duplexes. If the parcel is
located in an area requiring a greater buffer, such as the Chesapeake Bay
Preservation Area, the greater setback will be required.
E Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval of the amendment.
Attachments:
Staff Review
Ordinance Amendment
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage6z
CITY OF VIRGINIA BEACH
AMENDMENT TO SEC. 200
OF THE ZONING ORDINANCE
Agenda Item 14
July 11, 2007 Public Hearing
REQUEST:
An Ordinance to Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks
from Certain Bodies of Water for Single -Family and Duplex Dwellings.
SUMMARY OF AMENDMENT
There is an increasing trend in the construction of homes and
additions to homes to build out over water in situations where area on the lot is limited. Such construction
is not desirable for a variety of reasons, but primarily due to the impact on natural resources and the
potential safety issues. The amendments establish a minimum 5 -foot setback from a permanent body of
water for single-family and semi-detached dwellings and duplexes.
RECOMMENDATION
The proposed amendments are recommended for approval.
CITY OF VIRGINIA BEACH — SET
1 AN ORDINANCE TO ESTABLISH MINIMUM
2 SETBACKS FROM PERMANENT BODIES OF
3 WATER FOR SINGLE-FAMILY AND SEMIDETACHED
4 DWELLINGS AND DUPLEXES
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10
11 That Section 200 of the City Zoning Ordinance be, and hereby is, amended and
12 reordained to read as follows:
13 ....
14
15 (g) Erection of structures on /ot, Except as herein provided, there shall be no more
16 than one (1) single-family detached dwelling, semidetached dwelling or duplex erected
17 on a lot; provided, however, that one (1) single-family detached dwelling and one (1)
18 ancillary single-family detached dwelling shall be allowed on lots within the R-5D(OB)
19 Residential Duplex District or any Apartment or Resort Tourist District within the Old
20 Beach Overlay District, in accordance with the provisions of section 1903. Excep
21 where a greater setback or buffer is required, the setback for any such dwelling from a
22 Permanent body of water shall be no less than five (5) feet, as measured from the mean
23 high water mark of tidal bodies of water and from the normal water level of nontidal
24 bodies of water, in any zoning district.
25
26 Comment
27
28 The amendments establish a minimum 5 -foot setback from a permanent body of water for
29 single-family and semi-detached dwellings and duplexes.
30
31 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day
32 of 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning ilepartment City Attorney's Office
CA -1 0444
June 28, 2007
R-2
Item #14
City of Virginia Beach — Ordinance Amendment
An Ordinance to Amend Section 200 of the City Zoning Ordinance
by Establishing Minimum Setbacks from Certain Bodies of Water
for Residential Dwellings
July 11, 2007
REGULAR
Joseph Strange: The next item is item 14, City of Virginia Beach, an Ordinance to
Amend Section 200 of the City Zoning Ordinance by Establishing Minimum Setbacks
from Certain Bodies of Water for Residential Dwellings.
Barry Knight: Mr. Macali? Will you explain this for us please?
Bill Macali: Yes sir. It is very simple. Members of the Commission, all this does is
establish a setback of five feet from the non -tidal water mark of any tidal body of water
and from the normal water level of any non -tidal body of water. A setback applies to any
single-family dwelling, semi detached dwelling or a duplex. The bodies of water that are
included are permanent bodies of water which would include things like BMPs, because
borrow pits for things like BMP, something like that. They are quite large. Although, in
most cases those already have maintenance easements around them, which are prohibited
to build on. It will be relatively limited application, because most bodies of waters do not
have homes within five feet anyway. I should also mention that where a greater setback
is required, for instance, in the Chesapeake Bay areas or southern watershed areas where
there is a larger buffer, the larger buffer controls. But, essentially, this just imposes, in
cases where a larger buffer is not required, a minimum of a five foot setback.
Barry Knight: Thank you. Mr. Strange, are there any other speakers on this?
Joseph Strange: There are no other speakers. There is no opposition.
Barry Knight: We heard in our informal session that Mr. Bourdon cared to speak on this
but he needs to come back in here pretty soon.
Bill Macali: Mr. Chairman? I did talk to Mr. Bourdon, and he suggested that there may
be some potential refinements we could make to this. We can certainly get with him if
need be and consider some on our own before the matter goes to City Council. Certainly,
there would be time for us to do that.
Barry Knight: Okay. Is there any discussion or any questions of Mr. Macali? Mr.
Redmond?
David Redmond: Just a quick question Bill. Is there a history to this? Wh ire did this
come from?
Bill Macali: Well, some applications that have come in from time to time where people
wanted to build houses on large bodies of water. And for safety reasons, environmental
reasons, as well as aesthetic reasons, it is our view that it is probably not a good thing and
that five foot setback is just like any other setback. More or less, it is than something that
will enhance the City's aim in preserving aesthetics in the city from an environmental
prespective. Things like that.
David Redmond: Okay. Thank you.
Barry Knight: Are there any other questions. The Chair will entertain a motion.
Eugene Crabtree: I move that we approve the application as presented.
Dorothy Wood: Second.
Barry Knight: There is a motion on the table to approve agenda item 14, the City of
Virginia Beach by Gene Crabtree and a second by Dot Wood. Is there any discussion?
I'll call for the question.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of I 1 -0, the Board has approved the application of City of
Virginia Beach amending the minimum setback for certain bodies of water.
Barry Knight: Thank you.
M. APPOINTMENTS
COMMUNITY MEDICAL ADVISORY COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENTS
Non -Agenda Items
CITY COUNCIL SCHEDULE
August 21 Briefings, Informal, Formal
August 28 Briefings, Informal, Formal, including Planning items
CITYWIDE TOWN MEETINGS
October 16, 2007 Location to be Announced - 7:15 pin
FY 2008-2010 Budget
__�L,ocation to be Announced — 7:15 pm
JanuaryFli5, 2008
S S Orr,
tormwater Plans and Fundin�.
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 8/14/07gw
www.vbgov.com
ciTy OF vIR GINIA BF,4 CH
SUMMARY OF COUNCIL ACTIONS
DATE: July 17,2007
PAGE: I
AGENDA
ITEM # SUBJECT
CITY MANAGER'S BRIEFINGS
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CITY MANAGER'S BRIEFINGS
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A STRATEGIC GROWTH TOUR
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B "SHAPING OUR COMMUNITY"
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CITY MANAGER'S BRIEFINGS
A STRATEGIC GROWTH TOUR
B "SHAPING OUR COMMUNITY"
II/
CERTIFICATION OF CLOSED SESSION
CERTIFIED
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
III/
IV/
V/
VI/E
F -I
MINUTES
informal/Formal Sessions July 10, 2007
APPROVED
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G/
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PRESENTATION
ENVIRONMENTAL ACHIEVEMENT
William C. Baker,
I
AWARD - "Lynnhaven River Now
President,
Chesapeake Bay
Foundation
Laurie Carroll
Sorabella, Exec
Director, accepted
award
J/1
Resolution to ENDORSE participation with
ADOPTED BY
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
I I
Y
Y
HRTDC re VB Wave Trolleys
CONSENT
2
Resolution to REQUEST Community Medical
DEFERRED,BY
9-0
A
Y
Y
A
Y
Y
Y
Y
Y
Y
Y
Advisory Commission prepare,
CONSENT
B
recommendations on CON by Bon
S
Secours/Sentara for proposed hospital facilities
T
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D
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3/
Resolutions to REQUEST VBDA explore
ADOPTED BY
9-1
A
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
potential development:
CONSENT
a
Dome Site
b
Convention Center Hotel
4
Ordinance to AMEND Chapter 34 of City Code
ADOPTED BY
10-0 A
Y Y Y Y
Y
Y Y Y
Y
Y
re lifeguards at "public" swimming pools
CONSENT
/DEFINE pools by "rype"
CITY OF VIRGINIA BEACH
Ordinance to AUTHORIZE modifications to
ADOPTED AS
10-0
A
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
Town Center Phase III(acquisition of Block 11
AMENDED
(Beacon Building)
V
DATE: July 17,2007
0
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Ordinance to AUTHORIZE one-year lease with
DEFERRED,BY
10-0
A
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Y
Y
Y
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D
CONSENT, TO
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Ordinance to AUTHORIZE modifications to
ADOPTED AS
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Town Center Phase III(acquisition of Block 11
AMENDED
(Beacon Building)
6
Ordinance to AUTHORIZE one-year lease with
DEFERRED,BY
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
TRGHC of City -owned land at 2293 Lynnhaven
CONSENT, TO
Parkway DISTRICT I - CENTERVII-LE
8/14/07
7
Ordinances to TRANSFER/ACCEPT/
ADOPTED, BY
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
APPROPRIATE:
CONSENT
a
S4,000,000ANIEND School's FY 2007-08
Biennial Budget
b
$450,000 from US Dep of Homeland Security, to
Police re purchase of two patrol boat/ trailer
c
$45,000 fi-cm US Dep of Homeland Security re
CCC/CERT
d
$23 3,000 re renovation of old holding
cells/installation of a fire suppression system in
Public Safety Building
e
$13 7,000 fi-orn Oyster Heritage Trust Fund re
oyster reefs/Oyster Shell Recycling /in the
Lynnhaven Watershed
f
$38,521 from Va Aquarium/Science
Foundation re Exhibits Technician I as Records
Registrar at no cost to the City
K/I
VA BEACH PUBLIC SCHOOLS re closure of
DEFERRED
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
DISTRICT 6 – BEACH
INDEFINITELY,
BY CONSENT
a
25th Street/Cypress Ave
b
Parks Ave at 20/25h St
c
Alleys on Parks Ave north of 24#/south of 25b
Sts
d
Alleys east of Cypress Av6west of
Mediterranean Ave/north of 24h /south of 25d' Sts
2
UNION BAPTIST CHURCH Modification o
MODIFIED, AS
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conditions of CUP (approved on October 17,
CONDITIONED,
1995/modifiedM=h22,2005)rea sanctuary
BY CONSENT
of multi-purpose center at 4608 South
Boulevard DISTRICT 3 – ROSE HALL
CITY OF VIRGINIA BEACH
NEW BEGINNINGS OUTREACH
ADOPTED,AS
10-0
A
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
MINISTRIES, INC. CUP re church at 1409-B
CONDITIONED,
Lynnhaven Parkway DISTRICT 3 – ROSE
BY CONSENT
V
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1
HALL
DATE: July 17,2007
M
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DEFERRED,
10-0
A
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INDEFINITELY,
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NEW BEGINNINGS OUTREACH
ADOPTED,AS
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
MINISTRIES, INC. CUP re church at 1409-B
CONDITIONED,
Lynnhaven Parkway DISTRICT 3 – ROSE
BY CONSENT
HALL
4
Ordinances to AMEND CZO:
DEFERRED,
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
INDEFINITELY,
a
§§ 111/203/2111230/401/403/501/601/801/901/10
BY CONSENT
01/1125/1511/1521/1531 re Assembly
Uses/Religious Uses/DEFINING Storefront
Religious Uses in B-2
b
§§234/401/501/601/901/1511/1521/1531 re
Home Occupations to exclude the sale/service/
repair of firearms/DELETING radio/tv repair as
excluded use
L
APPOINTMENTS
COMMUNITY MEDICAL ADVISORY
COUNCIL TOOK
COMMISSION
NO ACTION
PARKS AND RECREATION COMMISSION
RESCHEDULED
10-0
B
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PUBLIC LIBRARY BOARD
BOARD OF ZONING APPEALS (BZA)
Reappointed 5 yrs
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
9/l/07-12/31/12
George A.
Alcaraz
Steven G. Draeger
DEVELOPMENT AUTHORITY (VBDA)
Reappointed 4 yrs
10-0
A
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
9/l/07-8/31/11
Dan H. Brockwell
Paul V. Michaels
ADD
BLUE RIBBON TAX, FEE AND SPENDING
Appointed - No
10-0
A
Y
Y
Y
Y
y
Y
Y
Y
Y
Y
ON
TASK FORCE
Terms
Edward Fissinger,
School Board
Dr. Douglas 0.
Walker
CITY OF VIRGINIA BF,4 CH
SUMMARY OF COUNCIL ACTIONS
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DATE: July 17,2007
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=N
JD
IN, I I I I =0111111111111
CITYWIDE TOWN MEETINGS
September 18 Time and Location to be Announced
FY2008-2010 Budget
November 20 Location to be Announced — 7:15 pin
Stormwater Plans and Funding
CITY COUNCIL SUMMER SCHEDULE
August 7 Cancelled
August 14 Briefings, Informal, Formal, including Planning items
August 21 Briefings, Informal, Formal
August 28 Briefings, Informal, Formal, including Planning items