HomeMy WebLinkAboutJULY 8, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayslde - DIstrict 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - DIstrict i
BARBARA M. HENLEY. Princess Anne District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRiN, Beach - District 6
RON A. ViLLANUEVA, At-Large
ROSEMARY WiLSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
COY CLERK - RUTH HODGES SMiTH, MMC
08 JUL Y 2008
I.
CITY COUNCIL BRIEFING
- Conference Room -
1 :30 PM
A. CITY AUDITOR UPDATE
Lyndon S. Remias, City Auditor
II. CITY MANAGER'S BRIEFINGS
A. GREEN RIBBON COMMITTEE UPDATE
Barry Frankenfield, Planning, Design and Development Administrator
Parks and Recreation
B. FALSE ALARMS
Deputy Chief James Cervera - Police Department
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V.
INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor' Meyera E. Oberndorf
B.
INVOCATION:
Reverend Mark Bailey
Carpenter's House Ministries
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
July 1,2008
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
VIRGINIA BEACH SISTER CITY EXCHANGE
Ke:npsville Middle School and North Down Co. Bangor, Northern Ireland
Dr. James L. Smith, Principal- Kempsville Middle School
I. PUBLIC HEARINGS
1. PROPOSED CITY CODE CHANGE TO INCREASE TAXI RATES
2. INSTALLMENT PURCHASE AGREEMENT
J, CONSENT AGENDA
K. ORDINANCESI RESOLUTION
1. Ordinance to AMEND City Code Section 36-172 re increasing the Taxi fares.
2. Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly
and Handicapped.
3. Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating
Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources.
4. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council
and the School Board and AUTHORIZE Mayor Oberndorfto execute said Agreement for
FY 2009.
5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange
with Sylvia J. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing
Road.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-
way for SURA M. GOLDNER, Trustee of the Sura M. Goldner Declaration of Trust, re the
construction and maintenance of a bulkhead, boat house and piers and to maintain an existing
concrete boat ramp at 2400 Lookout Court.
DISTRICT 4 - BA YSIDE
7. Ordinances to ACCEPT/APPROPRIATEITRANSFER:
a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 2008-09 Operating Budget re continued operation of the Virginia
Task Force 2 Urban Search and Rescue Team
b. $70,716.52 from the Federal Emergency Management Agency (FEMA) and
TRANSFER to the General fund to reimburse previous administrative expenses
c. $720,900 to the Police Department's FY 2008-09 Operating Budget from the DEA
Seized Property Special Revenue Fund re purchase of equipment and canines
d. $133,932 grant from the Virginia Department of Conservation and Recreation
(D.C.R.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget,
Grants Consolidated Fund, re water quality improvements
8. Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year
2009.
L. PLANNING
1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE
LEAJRNING CENTER, INC. re the Modification of Conditions (approved by City Council
on November 23, 1993, in behalf of Donald G. Pratt and denied May 6,2008) at 2244
General Booth Boulevard DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
DEFER TO AUGUST 12,2008
2. Application of DAVE WILSON for the expansion of a Nonconforming Use at 109 53rd
Street re alterations and additions to an existing nonconforming garage apartment.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
DEFER TO AUGUST 12,2008
3. Appli.:.:ation of WELDEN FIELD OF VIRGINIA, L.L.c. for a Change of Zoning from 1-1
Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family
dwellings and townhomes at Regent University Drive and Jake Sears Road.
DISTRICT I - CENTERVILLE
DEFERRED
RECOMMENDA nON
APRIL 22, 2008 and MA Y 13,2008
DEFER TO AUGUST 12,2008
4. Application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved
alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer
Subdivision, re combining the alley with their adjoining lots.
DISTIUCT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
5. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use
Permii' re motor vehicle sales and service at 5070 Virginia Beach Boulevard.
DISTRICT 4 - BA YSIDE
DEFEERRED
RECOMMENDA nON
JULY 8, 2008
APPROVAL
6. Application of LORETTA LANE, L.L.C. for a Conditional Use Permit, re bulk storage at
Loretta Lane and North Birdneck Road.
DISTIUCT 6 - BEACH
RECOMMENDA nON
APPROV AL
7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation facilities
of an outdoor nature at 2356-2400 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
RECO\1MENDA nON
APPROVAL
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8. Application of VIRGINIA BEACH SCHOOL BOARD for a Change of Zoning District
Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy
Industrial District at Harpers Road and Oceana Boulevard to develop the site for a school bus
maintenance facility.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROV AL
9. Application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for
Modification of Conditions re a multi-structure parking garage (approved by City Council
on June 9,1998) at 3100 Shore Drive.
DISTRICT 5 - L YNNHA VEN
RECOMMENDA nON
APPROVAL
10. Ordinance AMENDING the City Zoning Ordinance (CZO) regulations pertaining to
communication towers and building-mounted antennas, including definitions, pre-
application and application requirements, locational, landscaping and other requirements as
well as Zoning Districts where permitted.
RECOMMENDA nON
APPROVAL
M. APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
REVIEW and ALLOCATION COMMITTEE (COG)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITY COUNCIL TWO-DAY
GOAL SETTING WORKSHOP
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
*********
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 07/0812008gw
www.vbgov.com
I.
CITY COUNCIL BRIEFING
- Conference Room -
1 :30 PM
A. CITY AUDITOR UPDATE
Lyndon S. Remias, City Auditor
II. CITY MANAGER'S BRIEFINGS
A. GREEN RIBBON COMMITTEE UPDATE
Barry Frankenfield, Planning, Design and Development Administrator
Parks and Recreation
B. FALSE ALARMS
Deputy Chief James Cervera - Police Department
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
v.
INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Mark Bailey
Carpenter's House Ministries
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
July 1,2008
G. AGENDA FOR FORMAL SESSION
1R.rsnlutinn
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach Gity 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, THEREFO~, B~ IT RESOL YED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
I i II I
H. MAYOR'S PRESENTATION
VIRGINIA BEACH SISTER CITY EXCHANGE
Kempsville Middle School and North Down Co. Bangor, Northern Ireland
Dr. James L. Smith, Principal- Kempsville Middle School
I II II
IT
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J. PUBLIC HEARINGS
1. PROPOSED CITY CODE CHANGE TO INCREASE TAXI RATES
2. INSTALLMENT PURCHASE AGREEMENT
Acquisition of Agricultural Land Preservation (ARP) Easement-1618 Mill Landing Road
; I11I .11
PUBLIC HEARING
ON A PROPOSED CODE CHANGE TO
INCREASE TAXI RATES:
ON TUESDAY JULY 8TH, THE CITY
COUNCIL OF VIRGINIA BEACH WILL
HEAR A REQUEST TO INCREASE
THE FOLLOWING TAXI RATES:
METER DROP FEE FROM
$2.25 TO $3.25
PER 1/8 MILE FROM $.25 TO
$.30 PER MINUTE WAITING TIME
FROM $.25 TO $.30
At is FolIT8I 5"5100 rn July 8th. at 6:00
PM. the Virginia Beecn city Council will hots a PlIBUC
;EARING In the Council Chamber Q'1 the sKOnc:l rlcOr Qr
:Iy HI" en a pq:IOSIBd Ca:Ie Change autnCII;r'ng taxi cab
:omJ:8nIl!S to Ill78lIse the 8bave tall rates. This rate
ncreast!< Is IJ'Op:lsecl dUll! to IlXrea'Sed gagjlne prt::e5
:lnd cost o3r IMIli IFU8I!IS8S and w.::utJ alf1EinCJ cty Cooe
j 36-172. rIW JrtpOSecl chlllgs Will be 00 my
:OUlCU'S agenclB ror a 'lite oRh same night.
IntEffStec:l reslclents of Ihe cuy Of "'''gtlla Beach may
'eglstel' w11tI the City Cleric to aO:lres'S aty GaJRclI on
:he proposed nCl'6Ise bf contacting the City Clelk's
Jmce al 38.5-4]03. Residents unable to atien'J R1lIY
;ubmlt camnents vta emallllO I:lIdaet~C7# .can
IlJtIl I-bcge.s fras<<. MMC
cry Clerk
r you are physkil" chaIJIecI or Mualty implired and
-.eed asststara . this meeting. pli!8se call the CfTV
~LERK'$ OFFlCf .t 385-4303. The CIl)' Hall Building
s 1000..atEd at 2401 Courthouse Cft\e.
:Je<<cn June 26, 2001
IS942IGS
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NOTICE OF PUBLIC HEARING ON
THE EXECUTION AND DELIVERY
OF INSTALLMENT PURCHASE
AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT
RIGHTS ON CERTAIN PROPERTY BY
THE CITY OF VIRGINIA BEACH,
VIRGINIA .
Notice is hereby given that the City Council of the
City of Virginia Beach, Virginia, will hold a Public
Hearing with respect to the execution and delivery of
Installment Purchase Agreements for the acquisition
of agricultural land preservation easements with
respect to land located at 1628 Mill Landing Road,
in the City of Virginia Beach, Virginia, pursuant to
Ordinance No. 95-2319, as amended. known as the
Agricultural Lands Preservation Ordinance, which:
establishes an agricultural reserve program for the
southem portion of the City designated to (a)
promote and encourage the preservation of
fannland, (b) preserve open spaces and the area's
rural character. (c) conserve and protect
environmentally sensitive resources, (d) reduce and
defer the need for major infrastructure
improvements and the expenditure of pUblic funds
for such improvements, and (e) assist in shaping the
character. direction and timing of community
development. Such easements will be purchased
pursuant to Installment Purchase Agreements for an
estimated maximum purchase price of
$350,451.00. The City's obligation to pay the
purchase price under the Installment Purchase
Agreements is a general obligation of the City, and
the full faith and credit and the unlimited taxing
power of the City will be irrevocably pledged to the
punctual payment of the purchase price and the
interest on the unpaid principal balance of the
purchase price as and when the same respectively
become due and payable. The Public Hearing, which
may be continued or adjoumed, will be held by the
City Council on July 8, 2008, at 6:00 p.m. in the
City Council Chambers located on the 2nd floor of
the City Hall Building, 2401 Courthouse Drive,
Virginia Beach, Virginia. Any person interested in
this matter may appear and be heard.
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 22 & 29,2008
18919125
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K.
ORDINANCESI RESOLUTION
1. Ordinance to AMEND City Code Section 36-172 re increasing the Taxi fares.
2. Ordinance to AMEND City Code Section 35-64 re real estate tax exemptions for Elderly
and Handicapped.
3. Ordinance to AMEND the Virginia Aquarium and Science Museum's FY 2007-08 Operating
Budget and REDUCE the FY 2008-09 Capital Budget re substitution of revenue sources.
4. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council
and the School Board and AUTHORIZE Mayor Oberndorfto execute said Agreement for
FY 2009.
5. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange
with Sylvia J. Estes re Agricultural Land Preservation (ARP) easement on 1628 Mill Landing
Road.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-
way for SURA M. GOLDNER, Trustee of the Sura M. Goldner Declaration of Trust, re the
construction and maintenance of a bulkhead, boat house and piers and to maintain an existing
concrete boat ramp at 2400 Lookout Court.
DISTRICT 4 - BA YSIDE
7. Ordinances to ACCEPT/APPROPRIATEITRANSFER:
a. $1,000,179 from the Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 2008-09 Operating Budget re continued operation of the Virginia
Task Force 2 Urban Search and Rescue Team
b. $70,716.52 from the Federal Emergency Management Agency (FEMA) and
TRANSFER to the General fund to reimburse previous administrative expenses
c. $720,900 to the Police Department's FY 2008-09 Operating Budget from the DEA
Seized Property Special Revenue Fund re purchase of equipment and canines
d. $133,932 grant from the Virginia Department of Conservation and Recreation
(D.C.R.) and TRANSFER to the Public Works' FY 2008-09 Operating Budget,
Grants Consolidated Fund, re water quality improvements
8. Resolution to set City Employee and Retiree Health Care contribution rates for Plan Year
2009.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend City Code Section 36-172 to Increase the Meter Drop
Fee from $2.25 for the First Eighth of a Mile to $3.25, to Increase the Per 1/8th of
a Mile Charge from $0.25 to $0.30, and to Increase the Per Minute Waiting Time
from $0.25 to $0.30
MEETING DATE: July 8, 2008
. Background: With the rising prices in gasoline, City Council and City staff have
been approached by various taxi companies about a rate increase. Several different
components of a rate increase have been discussed by the taxi owners in order to
provide for cost increases that their drivers face.
. Considerations: On June 20th, staff held a meeting with the taxi owners to discuss
their proposals and see if the taxi companies could all agree on one rate proposal that
they could all support. The taxi companies have proposed increasing the first 1/8th of a
mile charge (meter drop fee) by $1.00, increasing the per 1/8th of a mile charge by $.05
and increasing the per minute waiting time by $.05.
. Public Information: City Code requires the City Council to hold a public hearing on
this issue. In a letter to the taxi companies, they were asked to place notification of the
public hearing in their cabs so that customers would be made aware of the hearing. A
public hearing will be held on July 8th.
. Alternatives: City Council has three options: 1) Approve the ordinance as written
and approve the increases. 2) Disapprove the ordinance and leave the fees as they
are. 3) Increase any of the fees above their current rates but below the proposed rates.
. Recommendations: Approve the ordinance and increase the meter drop fee for
taxi cabs from $2.25 to $3.25, increase the per 1/8th of a mile fee from $0.25 to $0.30,
and increase the per minute waiting time from $0.25 to $0.30.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Management Services OA (:)
City Manage~ ~ IOGMi.
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AN ORDINANCE TO AMEND CITY CODE SECTION
36-172 TO INCREASE THE METER DROP FEE
FROM $2.25 FOR THE FIRST EIGHTH OF A MILE TO
$3.25, TO INCREASE THE PER EIGHTH OF A MILE
CHARGE FROM $0.25 TO $0.30, AND TO INCREASE
THE PER MINUTE WAITING TIME FROM $0.25 TO
$0.30
WHEREAS, the City of Virginia Beach regulates taxi cab rates in the city and has
determined that the rising cost of gasoline and increases in cost of living merit an
increase in taxi cab rates.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 36-172 of the Code of the City of Virginia Beach is hereby amended
and reordained to read as follows:
Sec. 36-172. Maximum rates for taxicabs.
(a) No person owning, operating, controlling or driving a taxicab within the city
shall charge an amount to exceed the following rates of fare:
(1) For the first one-eighth of a mile or fraction thereof. . . ~ $3.25
(2) For Hach succeeding one-eighth of a mile or fraction thereof. . . $~ ~0.30
(3) Trunk charge. . . 0.50
(4) For Hach minute of waiting time. . . ~ $0.30
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
of
Approved as to Content:
Approved as to Legal
Sufficiency:
HoJv)(},~
Management SErvices
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CA 10804
R-2
June 30, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 35-64 of the City Code Pertaining to Real Estate
Tax Exemptions for Elderly and Handicapped
MEETING DATE: July 8, 2008
. Background: The General Assembly made changes to the state law that
authorizes the City's tax exemption program for persons over the age of 65 and persons
who are permanently and totally disabled. In reviewing those changes, staff has
identified additional changes made in previous General Assembly sessions that also
have not been incorporated into the City Code. The changes are:
. An increase in the maximum acreage eligibility for exemption from 1 acre to 10 acres
. An allowance for a $5,000:.' exclusion from the income limitation for permanent or
temporary disability benefits received by the applicant
. Inclusion of income of persons not related to the applicant who live in the home,
except for bona fide tenants or paid caregivers, and subject to an exclusion for up to
$10,000 of that person (for example, if the person has $40,000 in income, then
$30,000 ($40,000 - $10,000) of that income will be added to the income of the
applicant for purposes of determining whether the applicant exceeds the income
limitation for participation in the tax exemption program
. A change to the provision regarding an applicant whose health has deteriorated to
the point that the only alternative to permanently residing in a nursing home or
similar facility is to have a caregiver move into the applicant's home. In those
circumstances, the income of the caregiver and his/her spouse is excluded from the
calculation of the applicant's total income for eligibility purposes, provided that the
applicant has not transferred assets in excess of $5,000 without adequate
consideration during the three-year period prior to or after the caregiver moved into
the home. Previously, this provision applied only when a relative served as the
caregiver, but the state law amendment now allows non-relatives to serve as the
caregiver. The state law change also increases the transfer cap from $5,000 to
$10,000.
This ordinance incorporates all of the above changes.
. Considerations: The increase in the acreage exemption is required by state
law, but the other changes are optional.
. Public Information: This item will be advertised in the same manner as all other
agenda items.
. Attachments: Ordinance
Recommended Action: Approval
Submitting De partmentlAgency: Real Estate Assesso~
City Manager: ~k.~
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AN ORDINANCE TO AMEND CITY CODE SECTION 35-64
PERTAINING TO REAL ESTATE TAX EXEMPTIONS FOR
ELDERLY AND HANDICAPPED
SECTION AMENDED: S 35-64
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-64 is hereby amended and reordained to read as follows:
Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing
home, etc.
(a) Either the exemption, deferral or freeze, but not more than one (1), as
provided for in this division shall be granted to persons subject to the following
provisions:
(1) The title to the property for which exemption, deferral or freeze is claimed is
held, or partially held, on June 30 immediately preceding the taxable year, by the
person or persons claiming exemption, deferral or freeze and is occupied as the
sole dwelling of such person or persons.
(2) The head of the household occupying the dwelling and owning title or partial
title thereto or either spouse in a dwelling jointly held by a husband and wife is
either permanently and totally disabled or is sixty-five (65) years of age or older
on June 30 of the year immediately preceding the taxable year; provided,
however, that a dwelling jointly held by a husband and wife may qualify if either
spouse is over sixty-five (65) years of age.
(3) For the tax exemption programs, the total combined income received from
all sources during the preceding calendar year by: (i) the owner or owners of the
dwelling who use it as their principal residence~ aM (ii) the owner's or owners'
relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the
dwellinq except for bona fide tenants or bona fide paid careqivers of the owner,
shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450)
provided that the first ten thousand dollars ($10,000) of income of each relative,
other than a spouse of the owner, who is living in the dwelling and who does not
Qualify for the exemption provided by subdivision (b) hereof. and any amount UP
to ten thousand dollars ($10,000) of income of each nonrelative'who is not the
bona fide tenant or bona fide paid careqiver of an owner Iivinq in the dwellinQ and
who does not Qualify for the exemption provided by subdivision (b) hereof, shall
not be included in such total~ ~and provided further that UP to five thousand
dollars ($5.000) of any permanent or temporary disability benefit, from whatever
source. received by an owner and the first ten thousand dollars ($10,000) or any
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portion thereof of income received by a permanently and totally disabled owner
shall not be included in such total.
(4) For the tax freeze program, the total combined income received from all
sources during the preceding calendar year by: (i) the owner or owners of the
dwelling who use it as their principal residence.1 aAG (ii) the owner's or owners'
relatives who live in the dwelling and (iii) nonrelatives of the owner who live in the
dwellinq except for bona fide tenants or bona fide paid careQivers of the owner,
shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450)
provided that the first ten thousand dollars ($10,000) of income of each relative,
other than a spouse of the owner, who is living in the dwelling and who does not
Qualify for the exemption provided by subdivision (b) hereof, and any amount UP
to ten thousand dollars ($10.000) of income of each nonrelative who is not the
bona fido tenant or bona fide paid careqiver of an owner livinq in the dwellinq and
who does not Qualify for the exemption provided by subdivision (b) hereof, shall
not be included in such total; and provided further that UP to five thousand dollars
($5,000) of any permanent or temporary disability benefit. from whatever source,
received by an owner and the first ten thousand dollars ($10,000) or any portion
thereof cf income received by a permanently and totally disabled owner shall not
be included in such total.
(5) For the tax exemption programs, the net combined financial worth, including
equitablE! interests, as of December 31 of the year immediately preceding the
taxable year, of the owners, and of the spouse of any owner, excluding the value
of the dwelling and the land (not exceeding aRe ten (1Q) acre~) upon which it is
situated, shall not exceed three hundred and fifty thousand dollars ($350,000).
(6) For the tax freeze program, the net combined financial worth, including
equitable interests, as of December 31 of the year immediately preceding the
taxable year, of the owners, and of the spouse of any owner, excluding the value
of the dwelling and the land (not exceeding aRe ten (1Q) acre~) upon which it is
situated, shall not exceed three hundred and fifty thousand dollars ($350,000).
(7) For the tax deferral program, the total combined income received from all
sources during the preceding calendar year by: (i) the owner or owners of the
dwelling who use it as their principal residence.1 aAG (ii) the owner's or owners'
relatives who live in the dwelling and Wi) nonrelatives of the owner who live in the
dwellinq 13xcept for bona fide tenants or bona fide paid careqivers of the owner,
shall not exceed sixty-three thousand four hundred and fifty dollars ($63,450)
provided that the first ten thousand dollars ($10,000) of income of each relative,
other thai' a spouse of the owner, who is living in the dwelling and who does not
Qualify for the exemption provided by subdivision (b) hereof. and any amount UP
to ten thousand dollars ($10,000) of income of each nonrelative who is not the
bona fide tenant or bona fide paid careqiver of an owner livinq in the dwellinq and
who does not Qualify for the exemption provided by subdivision (b) hereof, shall
not be included in such total; and provided further that UP to five thousand dollars
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~5,OOO) of any permanent or temporary disability benefit, from whatever source,
received by an owner and the first ten thousand dollars ($10,000) or any portion
thereof of income received by a permanently and totally disabled owner shall not
be included in such total.
(8) For the tax deferral program, the net combined financial worth, including
equitable interests, as of December 31 of the year immediately preceding the
taxable year, of the owners, and of the spouse of any owner, excluding the value
of the dwelling and the land (not exceeding eRe ten (1Q) acre~) upon which it is
situated, shall not exceed three hundred and fifty thousand dollars ($350,000).
(9) The dwelling is occupied.
(b) Notwithstanding subdivision (a) of this section, if 3 person an owner qualifies
for an exemption or deferral under this article, and if the person owner can prove by
clear and convincing evidence that the person's his physical or mental health has
deteriorated to the point that the only alternative to permanently residing in a hospital,
nursing home, convalescent home or other facility for physical or mental care is to have
a rol:::1tive person move in and provide care for the person owner, and if a rol:::1tive
person does then move in for that purpose, then none of the income of the relative
person or of the rolative's person's spouse shall be counted towards the income limit,
provided that the owner of the residence has not transferred assets in excess of five ten
thousand dollars ($ ~ 1Q,000) without adequate consideration within a three-year period
prior to or after the relative person moves into such residence.
(c) The fact that persons owners who are otherwise qualified for tax exemption,
deferral or freeze pursuant to this division are residing in hospitals, nursing homes,
convalescent homes or other facilities for physical or mental care for extended periods
of time shall not be construed to mean that the real estate for which tax exemption,
deferral or freeze is sought does not continue to be the sole dwelling of such persons
owners during such extended periods of other residence, so long as such real estate is
not used by or leased to others for consideration.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
day of , 2008.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
c;:~~
CA10719 R-4 July 2, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Amend the Museum Department's FY 2007-08 Operating
Budget and Reduce the FY 2008-09 Capital Budget
MEETING DATE: July 8, 2008
. Background: The Virginia Aquarium and Marine Science Center has been under
renovation for the duration of FY 2007-08; however, the facility has remained open
throughout the construction process. The Department had anticipated decreases in
daily admissions, memberships, IMAX Theater admissions and gift shop sales as a
result of the construction. A $250,000 dedicated reserve was established in the
General Fund during the budget preparation to cover the anticipated shortfall. Since
that time, however, several additional factors have affected the Museum Department's
Operating Budget.
First, the economy has declined more significantly than had been anticipated and fuel
and utility prices have skyrocketed. Both of these factors have substantially affected
citizens' discretionary spending and willingness to travel and attend cultural activities.
Second, the economic changes mentioned have had a dramatic impact on the
Museum's operating costs, particularly operating the facilities and feeding the animals.
Third, a federal increase in the minimum wage went into affect after the budget was
prepared and had to be absorbed by the Department.
Despite making significant efforts to contain costs, the Department's FY 2007-08
expenditures will exceed the realized revenues. It is necessary to substitute funding
sources in FY 2007-08, and eliminate the use of the fund balance from the Virginia
Aquarium Special Revenue Fund in the Capital Budget in FY 2008-09 to make it
available to cover FY 2007-08 revenue deficits.
. Considerations: The Virginia Aquarium and Marine Science Center did
generate a significant amount of revenue to cover operating expenses, despite the
ongoing renovation. This revenue would have been completely eliminated if the facility
had closed during construction, but the majority of the facility's costs would still have
been incurred.
After the transfer of the $250,000 dedicated reserve, the anticipated revenue shortfall is
$500,694. The shortfall will be covered by $119,526 from the fund balance of the
Virginia Aquarium Special Revenue Fund and a $381,168 transfer from the General
Fund Reserve for Contingencies - Compensation. Due to employee turnover and the
savings generated from the hiring freeze, there is sufficient funding in the compensation
reserve to cover this need.
During the preparation of the FY 2008-09 Resource Management Plan, the full amount
of fund balance from the Virginia Aquarium Special Revenue Fund had been
programmed in CIP Project # 3-278, "Virginia Aquarium Renewal and Replacement -
Phase II" to address maintenance needs. The funding in that project will be eliminated
in the FY 2008-09 Capital Budget since that funding will no longer be available.
Management S.ervices will work with the Department of Museums on a long term capital
maintenance funding plan as part of their transition to the General Fund in the 2008-09
fiscal year.
. Public Information: Information will be disseminated through the regular Council
agenda notification process.
. Alternatives: Without this substitution of revenue sources, the Virginia Aquarium
Special Revenue Fund will incur a negative balance, which would carry forward into the
General Fund when the funds merge at the close of FY 2007-08.
. Recommendations: Approve the substitution of revenue sources in the Museum
Department's FY 2007-08 Operating Budget and reduce the FY 2008-09 Capital
Budget.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Museums ~
City Manager:"~ S k. ~""'1..
II'
,~ I-Icdl'--,
1 AN ORDINANCE TO AMEND THE MUSEUM
2 DEPARTMENT'S FY 2007-08 OPERATING BUDGET AND
3 REDUCE THE FY 2008-09 CAPITAL BUDGET
4 WHEREAS, the Virginia Aquarium was undergoing renovation for the duration of FY
5 2007-08 and a revenue shortfall was anticipated as a result of decreased attendance;
6
7 WHEREAS, a $250,000 dedicated reserve was established in the General Fund to
8 cover the revenue shortfall which has already been transferred to address the shortfall;
9
10 WHEREAS, the downturn in the economy was more substantial than anticipated
11 and other operating costs have risen significantly since the budget was prepared;
12
13 WHEREAS, despite making cutbacks to discretionary spending, the expenses for
14 the Virginia Aquarium will exceed the realized revenue for FY 2007-08 in excess of the
15 dedicated reserve amount.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 Fiscal Year 2007-08
21
22 1. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY
23 2007-08 Operating Budget are hereby decreased by a total of $500,694 as
24 follows: $442,238 from IMAX Theater Admissions and $58,456 from
25 Aquarium Store Sales.
26
27 2. That estimated revenues in the Virginia Aquarium Special Revenue Fund FY
28 2007-08 Operating Budget are hereby increased by $500,694, with $381,168
29 being transferred from the General Fund Reserve for Contingencies -
30 Compensation and $119,526 being appropriated from the fund balance of
31 the Virginia Aquarium Special Revenue Fund;
:~2
:~3 Fiscal Year 2008-09
:~4
:~5 3. That CIP# 3-278, "Virginia Aquarium Renewal and Replacement- Phase II,"
36 is hereby reduced by $119,526 in the FY 2008-09 Capital Budget, with
37 revenue reduced accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008.
day
Approved as to Content:
Approved as to Legal Sufficiency:
~~~
City ttorney's Offic
Management Services
CA10810 R-4 July 1, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance Approving a Cooperative Agreement Between City Council and the
Virginia Beach School Board for the Provision of Legal Services to the Board by
the Office of the City Attorney in Fiscal Year 2009
MEETING DATE: July 8, 2008
. Background:
Since 1996, the City Council has entered into a Cooperative Agreement for the City
Attorney to provide legal services to the School Board. Each year, the Agreement is
presented to the City Council for approval. On August 7, 2007, the attached
Cooperative Agreement was approved by the School Board.
. Considerations:
Under the Cooperative Agreement between City Council and the School Board, the City
Attorney's Office will continue to provide 4,125 hours of legal service to the School
Division and will be reimbursed for the direct cost of those services. One Deputy City
Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), and one
legal secretary (Anna Blanton) are located in the School Administration Building, and the
Deputy City Attorney coordinates the delivery of additional legal services, as needed, by
other attorneys in the City Attorney's Office, as well as outside counsel.
. Public Information:
The ordinance is to be advertised as a routine agenda item.
. Recommendation:
It is recommended that the City Council approve the Cooperative Agreement and
authorize Mayor Oberndorf to execute it on behalf of the City Council.
. Attachments:
Ordinance
Cooperative Agreement
Recommended Action: Approval
Submitting Department/Agency: City Atto~ney, r.:?b
CityManag~lL, ~~
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AN ORDINANCE APPROVING A COOPERATIVE
AGREEMENT BETWEEN THE CITY COUNCIL AND
THE VIRGINIA BEACH SCHOOL BOARD FOR THE
PROVISION OF LEGAL SERVICES TO THE BOARD
BY THE OFFICE OF THE CITY A TIORNEY IN FISCAL
YEAR 2009
WHEREAS, the Office of the City Attorney has, for a number of years, provided
legal services to the Virginia Beach School Board and School Administration pursuant to
Cooperative Ag reements;
WHEqEAS, the Cooperative Agreement for FY 2008, which expired on June 30,
2008, provides that U[t]his Cooperative Agreement ... may be revised, as necessary, and
renewed each fiscal year ...;" and
WHEI={EAS, City Council agrees that it is in the best interests of the City and the
School Board for the Office of the City Attorney to continue to provide legal services to the
School Board pursuant to the revised Cooperative Agreement for FY 2009.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council hereby approves the Cooperative Agreement for FY
2009, a copy of which is attached hereto.
2. That the Mayor is hereby authorized to execute the Cooperative Agreement
on behalf of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
,2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY:
;e~t ~
City Attorney
CA 10800
R-1
June 18, 2008
III
_'___'_'__'_,,1,[,11,
COOPERATIVE AGREEMENT BETWEEN THE CITY
COUNCIL AND THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH PERTAINING TO LEGAL SERVICES
TO BE PROVIDED TO THE SCHOOL BOARD AND
SCHOOL ADMINISTRATION BY THE OFFICE OF THE
CITY ATTORNEY IN FISCAL YEAR 2009
Factual Backeround:
1. City Charter Authoritv. Chapter 9 of the Charter of the City of Virginia
Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal
advisor of the City Council, the City Manager, and all departments, boards, commissions
and agencies of the City in all matters affecting the interests of the City, and that he shall
have such powers and duties as may be assigned by the Council.
2. Appointment of City Attorney. The City Charter also provides that the
City Attorney is appointed by the City Council and serves at its pleasure.
3. School Board Authority. The School Board is established by the
Virginia Constitution, the City Charter, and provisions of general law, and is a body
corporate vested with all of the powers and duties of local school boards conferred by
law, including the right to contract and be contracted with, to sue and be sued, and to
purchase, take, hold, lease, and convey school property both real and personal.
4. School Board Authority to Hire Leeal Counsel. The School Board is
authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ
counsel to advise it, and to pay for such advice out of funds appropriated to the School
Board.
5. Recoenized Reasons to Share Leeal Services. Both the City Council
and the School Board have recognized that the reasons for sharing services of the City
Attorney's Office include potential savings to taxpayers, expertise ofthe City Attorney's
Office in City and School Board matters, institutional memory, and the ability of the City
Attorney's Office to provide a wide range of legal services to the Board based on the
expertise of the attorneys in numerous specialized areas of the law.
6. Professional Judl!ment of City Attorney. The Virginia Rules of
Professional Conduct for the Legal Profession require the independent professional
judgment of the Office of the City Attorney on behalf of its clients.
7. Potential Ethical Conflicts. The City Council and the School Board
recognize that the potential for conflicting interests between the Council and School
Board may arise and that, in such cases, the City Attorney must refrain from
representation of interests which may conflict.
8. Identification of Conflicts. The City Council and the School Board also
recognize that they must work together and with the City Attorney to identi~y any real or
perceived potential for conflict at the earliest possible time, advise each other and the
City Attorney of any such conflict as soon as it arises so as not to compromise the
interests of the City Councilor the School Board, and assist the City Attorney in avoiding
any violation or appearance of violation of the Code of Professional Responsibility.
9. Continuation of Services. The City Council and the School Board
further recognize that it remains in the best interest of the taxpayers of the City for the
School Board to continue to use the legal services of the Office of the City Attorney to
the extent that no real or perceived conflict is present, and to the extent the City Attorney
is budgeted and staffed to handle assigned legal business of the School Board.
Obiectives:
III
. + I '1'1__'
The objective of this Cooperative Agreement is to define the scope and nature of
the relationship between the City Attorney's Office and the School Board, to provide for
the delivery of designated legal services to the School Board, and to avoid any real or
perceived conflict in the delivery of those services.
A2reement:
NOW, THEREFORE, the City Council and the School Board hereby agree as
follows:
I. Le2al Staffin2. The Office of the City Attorney will provide the
equivalent of two and one half (2 !h) attorney positions (or 4,125 hours per year) and one
(1) secretarial position during FY 2009. The services to be provided as follows:
A. The City Attorney will dedicate two attorneys on-site at the School
Administration Building to the School Board and the School
Administration who will devote all of their time (i.e., 3,300 hours per
year) to the provision of legal services to the School Board and School
Administration. For the term of this Agreement, those attorneys will be
Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Assistant
City Attorney. The City Attorney's Office is in the process of hiring a
new Public Education Attorney for the position held by LaRana Owens
and that attorney is expected to begin employment during Fall 2008.
B. The City Attorney will dedicate one Secretary on-site at the School
Administration Building who will devote all of her time to the support of
legal services to the School Board and Administration.
C. The remammg attorney hours will be provided by the other
attorneys in the Office, based upon their various areas of expertise with
school-related legal issues, and shall include representation in real estate
matters, representation of the School Administration in personnel matters,
general administrative and procedural issues, and general litigation.
Attorneys assigned to handle School Board matters may hold regular
weekly office hours in the School Administration Building and will
remain on-call to handle legal matters throughout the week. The City
Attorney's Office will endeavor to handle as many legal matters in-house
as it is capable of handling subject to the provisions of this Agreement.
D. During the term of this Agreement, and subject to reassignment in
the judgment of the City Attorney, the selection of the dedicated attorneys
shall be mutually agreed upon by the City Attorney and the School Board.
Additionally, if a majority of the members of the School Board expresses
dissatisfaction with the legal services provided by the dedicated attorney,
or by any other attorney providing services to the School Board, the City
Attorney will meet with the School Board to discuss and evaluate its
concerns. Furthermore, if the School Board and the City Attorney agree
that the most reasonable way to address the School Board's concerns is to
assign another attorney or other attorneys to represent the School Board,
the City Attorney will use his best efforts to make such an assignment(s)
as soon as possible.
II I
2. Communication and Reports. Throughout the term of this Agreement,
the Office of the City Attorney will maintain an open line of communication with the
School Board and the Division Superintendent, and will keep them apprised, on a regular
basis, of the status of all legal matters being handled on behalf of the School Board and
School Administration; provided, however, that the Office of the City Attorney shall not
communicate with the Division Superintendent concerning those matters being handled
on a confidential basis for the School Board or for individual School Board members in
accordance with applicable School Board policies and applicable provisions of the
Superintendent's contract. Additionally, the Office of the City Attorney will provide the
Superintendent and the School Board a quarterly report of the legal services and attorney
hours provided pursuant to this Agreement and, upon request of the School Board, the
School Board Chairman, or the Superintendent, will identify the amount of attorney hours
expended in response to inquiries from individual School Board members.
3. Manat!ement of Let!al Affairs. The City Council and the School Board
recognize and understand that the School Board shall be responsible for the management
of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney
shall be designated as the chief legal advisor of the School Board and the School
Administration, and shall assist the School Board and Administration in the management
of the School Board's legal matters; and that the City Attorney shall report to the School
Board concerning those matters he has been assigned by the School Board to manage
and/or handle on its behalf.
4. Ethical Conflicts Concernint! Representation of Parties. The City
Council and the School Board recognize the potential for real or perceived conflicts in the
provision of legal services by the City Attorney, and agree to be vigilant in advising the
City Attorney of such issues as they arise. Additionally, the City Council and the School
Board understand that in such cases, the City Attorney will refrain from participation on
behalf of the School Board but, to the extent ethically permissible in accordance with the
Rules and Procedures of the Virginia State Bar, will continue representation of the City
Council.
5. Abilitv to Provide Lel!al Services. The City Council and the School
Board further recognize that the ability of the City Attorney's Office to provide legal
services to the School Board is limited by the attorney hours allocated pursuant to this
Agreement, che other provisions of this Agreement, and ethical constraints as they may
anse.
6. Nature of Al!reement. The parties agree that this Cooperative Agreement
is not a contract to be enforced by either party but is rather an agreement setting forth the
understanding of the parties regarding the parameters within which the Office of the City
Attorney will provide legal services to the School Board and School Administration.
7. Payment for Services. The City shall forward to the School Board IDT
requests in the amount of $333,577.20 from its FY 2009 Operating Budget to the FY
2009 Operating Budget of the Office of the City Attorney to fund the annual salaries,
benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1)
Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds
transferred by the School Board on or about July first, October first, January first, and
April first.
II I
8. Term and Termination of Aereement. This Cooperative Agreement
shall commence with the fiscal year of the parties which begins July 1, 2008, and ends
June 30, 2009, and may be revised, as necessary, and renewed each fiscal year thereafter;
provided, however, that each party shall give the other party notice of any intention to
revise or not to renew the Agreement within one hundred twenty (120) days ofthe date of
expiration of this Agreement, or any renewal hereof, in order that the other party will
have the opportunity to make appropriate budget and staffing adjustments.
SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH
BY:~~e~~C~~1
School Board of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the School Board
of the City of Virginia Beach, Virginia on :Tune 1'7, ,2008.
By:~~~
School Board Clerk
. . . ,
CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH
By:
Meyera E. Oberndorf, Mayor
City Council of the City of Virginia Beach:
This Cooperative Agreement was approved by majority vote of the City Council
of the City of Virginia Beach, Virginia on ,2008.
By:
City Clerk
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $350,451 (Property of Sylvia J.
Estes)
MEETING DATE: July 8, 2008
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eleven (11) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 33.44 acres outside of marshland or swampland. It is owned by Sylvia J.
Estes. Under current development regulations, there is a total development potential of
five (5) single-family dwelling building sites, one (1) of which would be reserved for
future development as a 3-acre building site. Property owners are no longer required to
designate the location of the area reserved for future building sites, but are required to
subdivide such sites prior to building on them. The site, which is shown on the attached
Location Map, is located at 1628 Mill Landing Road, in the District of Princess Anne.
The proposed purchase price, as stated in the ordinance, is $350,451. This price is the
equivalent of approximately $10,480 per acre of easement acquired.
.. ..
.;
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 3.5200%
per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 5.5200% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to tho Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development ri~lhts, assuming all contingencies are met.
. Attachments: Ordinance; Summary of Material Terms of Installment Purchase
Agreement (full Agreement is on file in the City Attorney's Office); area map showing
location of propl~rty.
Recommended Action: Adoption
Submitting DepnrtmentlAgency: Agriculture Department .^~
City Manager: <::~ l ,Cs6 ~ ,.
II I
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1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $350,451. (PROPERTY OF SYLVIA J. ESTES)
6
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provisions of which have been previously approved by the City
12 Council, a summary ofthe material terms of which is hereto attached, and a true copy of
13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights
14 (as defined in the Installment Purchase Agreement) on certain property located in the City
15 and more fully described in Exhibit B of the Installment Purchase Agreement for a
16 purchase price of $350,451; and
17
18 WHEREAS, the aforesaid Development Rights shall be acquired through the
19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
20 compliance with, the requirements of the Ordinance; and
21
22 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe
23 purchase as evidenced by the Installment Purchase Agreement;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. The City Council hereby determines and finds that the proposed terms and
29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
30 Agreement, including the purchase price and manner of payment, are fair and reasonable
31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
32 is hereby authorized to approve, upon or before the execution and delivery of the
33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
34 balance of the purchase price set forth hereinabove as the greater of 3.5200% per annum
35 or the per annum rate which is equal to the yield on United States Treasury STRIPS
36 purchased by the City to fund such unpaid principal balance; provided, however, that such
37 rate of interest shall not exceed 5.5200% unless the approval of the City Council by
38 resolution duly adopted is first obtained.
39
40 2. The City Council hereby further determines that funding is available for the
41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
42 the terms and conditions set forth therein.
43
44 3. The City Council hereby expressly approves the Installment Purchase
45 Agreement and, subject to the determination of the City Attorney that there are no defects
46 in title to the property or other restrictions or encumbrances thereon which may, in the
. .
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opinion of the City Attorney, adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment Purchase Agreement in
substantially the same form and substance as approved hereby with such minor
modifications, insertions, completions or omissions which do not materially alter the
purchase price or manner of payment, as the City Manager or his designee shall approve.
The City Coun cil further directs the City Clerk to affix the seal of the City to, and attest
same on, the Installment Purchase Agreement. The City Council expressly authorizes the
incurrence of the indebtedness represented by the issuance and delivery of the Installment
Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness under the Charter
of the City rathl~r than pursuant to the Public Finance Act of 1991 and hereby constitutes
the indebtedness a contractual obligation bearing the full faith and credit of the City.
Adoption requires an affirmative vote of a majority of all members of the City
Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on this
,2008.
day of
CA10740
V:\applications\citylawprod\cyc :om321WpdocsID025\POO31OOO60812. DOC
R-1
DATE: June 26, 2008
APPROVED AS TO CONTENT:
,
APPROVED AS TO LEGAL SUFFICIENCY:
~~II{JW
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~,Q QM~
Director of Finance
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AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2008-84
SUMMARY OF MATERIAL TERMS
SELLER: ESTES, Sylvia J.
PROPERTY LOCATION: 1628 Mill Landing Road, Princess Anne District
PURCHASE PRICE: $350,451
EASEMENT AREA: 33.44 acres, more or less
DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (4 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.5200% (actual rate to be determined when STRIPS are purchased prior
to execution ofIPA). Rate may not exceed 5.5200% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery oflP A.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City
property known as Lake Joyce and the 25' strip of City property around Lake
Joyce located at the rear of 2400 Lookout Court for Sura M. Goldner, Trustee of
the Sura M. Goldner Declaration of Trust
MEETING DATE: July 8, 2008
. Background:
Property owner, Sura M. Goldner, Trustee of the Sura M. Goldner Declaration of
Trust has requested permission to construct and maintain a bulkhead, a boat
house and piers and to maintain an existing concrete boat ramp in a portion of an
existing City property known as Lake Joyce and a 25' strip of City property
around Lake Joyce, located at the rear of 2400 Lookout Court, in Virginia Beach,
Virginia.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
There are similar encroachments in Lake Joyce that have previously been
approved by City Council.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with Temporary Encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environmental Management Center. Staff is of the professional
opinion that the establishment of a 15 foot wide vegetated riparian buffer area
consisting of understory trees and shrubs in a mulched bed running the entirety
of the shoreline adjoining the applicant's property is feasible and warranted to
help reduce long term water quality impacts associated with the existing and
proposed encroachments.
The applicant has submitted a plan for establishing a 15 foot wide vegetated
riparian buffer that has been reviewed and approved by the Department of
Planning/Environmental Management Center. Further detail is on file in
Planning/\Naterfront Operations File Number VB07 -092.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Plat, Location Map, and Pictures.
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public WorkslReal E;~eLl) Po/C4M4 ? ~;tr;,
City M.nage'h::er--.oo )L. ~
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO A
PORTION OF CITY PROPERTY KNOWN
AS LAKE JOYCE AND THE 25 STRIP OF
CITY PROPERTY AROUND LAKE JOYCE
LOCATED AT THE REAR OF 2400
LOOKOUT COURT FOR SURA M.
GOLDNER, TRUSTEE OF THE SURA M.
GOLDNER DECLARATION OF TRUST
WHEREAS, property owner, Sura M. Goldner, Trustee of the Sura M. Goldner
Declaration of Trust, dated December 30, 1997, desires to construct and maintain a bulkhead, a
boat house and piers and maintain an existing concrete boat ramp, in a portion of the Citys
property known as Lake Joyce and the 25 strip of City property around Lake Joyce, located at
the rear of 2400 Lookout Court, Virginia Beach, Virginia.
WHEREAS, City Council is authorized pursuant t0515.2-2009 and 15.2-2107, Code of
Virginia, 1950, as amended, to authorize temporary encroachments upon the Citys property
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in 5 15.2-2009 and
15.2-2107, Code of Virginia, 1950, as amended, Sura M. Goldner, Trustee, and heirs, assigns
and successors in title are authorized to construct and maintain a bulkhead, a boat house and
piers, and maintain an existing concrete boat ramp in a portion of the Citys property known as
Lake Joyce and the 25 strip of City property around Lake Joyce, as shown on the map entitled:
Exhibit "It, "ENCROACHMENT FOR EROSION CONTROL AND WATERCRAFT MOORING
APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT COURT VIRGINIA BEACH, VA
23455', a copy of which is on file in the Department of Public Works and to which reference is
made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject
to those terms, conditions and criteria contained in the Agreement between the City of Virginia
Beach and Sura M. Goldner, Trustee (the ':t\greement'), which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is
hereby authorized to execute the Agreement; and
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as
Sura M. Goldner, Trustee and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
CA-10578
X:IOIDIREAL ESTATElEncroachmentslPW OrdinanceslCA10578 Goldner Ordinance.doc
V:lapplicationslcitylawprodlcy :om32IWpdocs\D002\PO03\00058648.DOC
R-1
PREPARED: 6/9/08
APPROVED AS TO CONTENTS
~tlV C. ~h-.. At)
P IC WORKS, REAL ESTATE'
2
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~E0l~
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PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this j q tt day of ~ ' 2008 by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and SURA M. GOLDNER, Trustee under
the Sura M. Goldner Declaration of Trust, dated December 30, 1997, and HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "lot 19" as shown of the map of "Baylake
Beach", recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 41, at page 31, and being further designated, known, and
described as 2400 lookout Court, Virginia Beach, Virginia 23455; and
WHEREAS, it is proposed by the Grantee to construct and maintain a
bulkhead, a boat house and piers and to maintain an existing concrete boat ramp,
collectively, the "Temporary Encroachmenf, in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as lake Joyce and the 25' strip of City property around lake Joyce,
the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: 1570-80-8558 (lake Joyce & 25' strip of City property)
NOW, THEREFORE, for and in oonsideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of com.truding and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
FOR EROSION CONTROL AND WATERCRAFT MOORING
APPLICATION BY: MARTIN GOLDNER 2400 LOOKOUT
COURT VIRGINIA BEACH, VA 23455," prepared by Marine
Engineering & Technology, LLC 811 Juniper Crescent Suite
#12 Chesapeake, VA 23320, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or olrdering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Girantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
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It is further expressly understood and agreed that the Grantee shall
indemnify, and hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to .enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Office of Planning Department prior to commencing any construction
within the Encroachment Area (the "Permif').
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
3
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, tl1rough the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehel1sive general liability insurance in an amount not less than $500,000.00,
combined single! limits of such insurance policy or policies. The Grantee will provide
endorsements providing at le~st thirty (30) days written notice to the City prior to the
cancellation or tl~rmination of, or material change to, any of the insurance policies. The
Grantee assumE~S all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It i~; further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of slJlch authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remClve the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the rElal property tax upon the land so occupied if it were owned by the
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Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that tile Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Sura M. Goldner, Trustee under the Sura M.
Goldner Declaration of Trust, dated December 30, 1997, the said Grantee, has caused
this Agreement to be executed by her signature pursuant to due authority. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The bregoing instrument was acknowledged before me this
day of
_, 2008, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
Notary Public
(SEAL)
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authol"ized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
. 2008, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She iB personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
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Sura M. Goldner, Trustee under the Sur~l_o J
M. Goldner Declaration of Trust, dated ~
December 30, 1997 1J~
STATE OF VA
CITY/COUNTY OF \1ft VirjlVJI4 , to-wit:
I q f..h
The foregoing instrument was acknowledged before me this U day of
J U f'--L-
, 2008, by Sura M. Goldner, Trustee under the Sura M. Goldner
Declaration of Trust, dated December 30,1997.
'1' .
( ~t,{ll,~ 4I,(J~SEAL)
No ry Publ v ---0-
Notary Registration Number: 0-30 -'~Vlll~{ 1~/311
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My Commission Expires: 11/ ~YI('l / q-30-i?-Oll
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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DEPARTMENT
X:\ProjecIslEnaoachmetdslAppflC8nls\Goldner. Martin and Sura Bulkhead, pier and ramp-PHA\AgreemenI Enc:roachment.doc
7
EXHIBIT A
PROPOSED
PIERS
LAKE JOYCE
'" PROPERTY Of
~ CITY Of VIRGINIA BEACH
NEIGHBOR'S
EXISTING
BULKHEAD
2S' STRIP PROPERTY Of CITY Of VIRGINIA BEACH
4'
15' MULCHED BUffER - 37 7 SF
(1D) TREES - CANOPY OR ERGREEN
(10) UNDER STORY TREES - CANOPY OR EVERGREEN
(19) LARGE SHRUBS
(29) SMALL SHRUBS OR OODY GROUND COVER
REfERENCE VDCR RIPARI N BUfFER MANUAL TABLE A
t
0'
-
20'
40'
LOT 18
JOAN
JACOBS
GPIN 1570809646
MAP 41 PAGE 31
SCALE: 1" = 40'
41.S4'
R=SO.OO'
LOOKOUT COURT (SO R/W)
LOOKOUT ROAD
200'
DRIVEWAY (CONSTRUCTION ACCESS
AND MATERIAL STOCKPILING)
@ 2DD7 FDR MARINE ENGINERING - ALL RIGHTS RESERVED.
ENCROACHMENT FOR EROSIO'l
CONTROL AND WATERCRAFT IAOORING
APPLICATION BY:
MARTIN GOLDNER
2400 LOOKOUT COURT
VIRGINIA BEACH, VA 23455
MARINE ENGINEERING &
TECHNOLOGY, LLC
811 JUNIPER CRESCENT SUITE /112
CHESAPEAKE, VA 23320
PH: 757 227-4786
DATUM: NWL = 0.00'
JOB NUMBER 07055
SHEET 1 OF 1
DATE: NOVEMBER 15, 2007
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CITY COUNCIL
ACTION TRANSMITTAL FORM
June 9, 2008
PART I (FOR APPROVAL/CONCURRENCE)
1. SubjectfTitle/Nl'lme: An Ordinance to authorize Temporary Encroachments into City property known as Lake Joyce
and the 25' strip of City property around Lake Joyce from the adjacent property owner, Sura M.
Goldner, Trustee of the Sura M. Goldner Declaration of Trust, to construct and maintain a
bulkhead, a boat house and piers and maintain an existing concrete boat ramp.
2. Scheduled Council Date: July 8, 2008
3. Submitting Department/Agency: PW REAL ESTATE
4. Response Required By:
D Urgent? (Explain why)
(Based on Agenda Request Schedule)
5. COORDINATION/APPROVAL:
Department
PW Engineering, Keith Logan
PW Engineering, Bill Johnson
Planning, Current, Stephen White
PW Beach Mgmt., Phillip J. Roehrs
Planning (Water - Buffer), Clay Bernick
Parks & Rec./Landscape Svcs. Eddie Barnes
PW Administration, Phillip A. Davenport
City Attorney's Office
Date
12/18/2007
12/05/2007
12/18/2007
12/05/2007
12/18/2007
11/06/2007
tL/J,3/ J,CJ)1J ~
Receiving Departments/Agencies: Complete Action Requested (below) and return transmittal form with '
signature of approving official in this box to requesting department. This approval constitutes
department/agency head approval of this issue.
6. Action Requested: (check off or fill in requested action)
X Review/Approval
D Ordinance/Resolution Preparation
o Other (explain)
7. Agenda Issue Manager: (Name/Dept/Phone) Patrick H. Annas, PW Real Estate @ 385-4161
PART II (FOR TRANSMITTAL TO THE CITY MANAGER)
Submitted By: (Department Head)
FOM~
I, A".' ~
~ Jason E. Cosby, irector
Department of Public Works
To: City Manager
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $1,000,179 from the Federal Emergency
Management Agency to the Fire Department's FY 2008-09 Operating Budget for
Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team
MEETING DATE: July 8, 2008
. Background: The Federal Emergency Management Agency, the emergency
preparedness branch of the Department of Homeland Security, has continually provided funding
for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports
personnel costs, equipment and supplies, facility leasing, training and travel necessary to
maintain the Team at an expected level of response capability and state of readiness. The City
of Virginia Beach is the sponsoring agency for V A- TF2.
. Considerations: FEMA has awarded $1,000,179 to VA-TF2 for support of ongoing
expenses for a sixteen month period from May 1, 2008 through August 31, 2009. The grant
does not require a local match. FEMA provides annual funding at levels necessary to maintain
current programs as well as funding to expand team capabilities to meet new threats at a
heightened state of readiness. This annual preparedness grant continues funding for 3.25 FTEs
previously approved by City Council with the adoption of the FY 2007-08 Operating Budget
including 2 full-time positions (FEMA Coordinator & Administrative Assistant) and 2 part-time
positions (Training Manager and Logistics Manager - Total of 1.25 FTE). These positions have
been fully supported by FEMA for the last four years. Also, the grant provides funding for the
continuation of the facility lease and expenses, replacement of equipment and supplies, training,
formal exercise and travel expenses. The program has reached a point where this level of
funding is critical to its continuity as a viable program. Both personnel and equipment resource
demands have far exceeded the capacity of the sponsoring agency to cover support costs.
FEMA assistance of this magnitude is necessary to maintain VA-TF2 at required performance
levels.
. Public Information: Public Information will be handled through the normal City Council
agenda process.
. Alternatives: VA-TF2 Urban Search and Rescue Team cannot continue without this
federal funding. Declining the funds would eliminate this team.
. Recommendations: Accept FEMA grant and appropriate $1,000,179 for management
and maintenance of Virginia Task Force 2, Urban Search and Rescue Team.
. Attachments: Ordinance
Recommended Action: Approval ...... n.A n
Submitting DepartmentlAgen~y/: Fire Department lJf~
City Manaoer:r lL , ~
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS TO THE FIRE DEPARTMENT'S FY 2008-09
OPERATING BUDGET FOR CONTINUED
OPERATION OF THE VIRGINIA TASK FORCE 2
URBAN SEARCH AND RESCUE TEAM
WHEREAS, the Federal Emergency Management Agency (FEMA) has approved
a grant of $1,000,179 for the continued operation of the Virginia Task Force 2 Urban
Search and ReBcue Team.
WHEREAS, the Virginia Task Force 2 Urban Search and Rescue Team cannot
continue without federal funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. Funds are hereby accepted from the Federal Emergency Management
Agency in the amount of $1,000,179 with estimated revenues increased
accordin!~ly.
2. Appropriations to the Fire Department's FY 2008-09 Operating Budget for
the Virginia Task Force 2 Urban Search and Rescue Team are increased by
$1,000,1'79.
3. 3.25 FTE (full-time equivalent) positions, including two full-time positions
(FEMA Coordinator and Administrative Assistant) and two part-time positions
(Training Manager and Logistics Manager, totaling 1.25 FTEs), are maintained in
the Fire Department's FY 2008-09 Operating Budget; provided however that
these positions are conditioned upon continuing funding for the duration of the
FEMA grant.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content
Approved as to Legal
Sufficiency
, /PJ~
en Se'rvices ---
City~~~
CA 10803
R-3
June 27,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Federal Revenues and to Transfer Funds to the General
Fund for Previous Administrative Costs.
MEETING DATE: July 8,2008
. Background: FEMA reimbursement for the Virginia Task Force 2, Urban Search and
Rescue Team (VA-TF2 USAR) deployments include administrative or overhead costs that are
based on a percentage of the total value of detailed expenses. The administrative cost
reimbursement is intended to cover non-specified expenses incurred by the City's General Fund
and the USAR to manage and process the deployment reimbursement claim. Two past USAR
deployments involving the World Trade Center/Pentagon attacks and the Salt lake City
Olympics crossed over annual budget periods prior to final reconcilement with FEMA and the
revenue associated with the FEMA administrative cost reimbursement as well as small amounts
of revenue associated with final grant reconciliation were not fully distributed at that time.
Formal appropriation of this revenue totaling $46,132.52 ($9,933.04 for the World Trade
Center/Pentagon and $36,199.48 for Salt lake City Olympics) is required to properly distribute
these funds to the General Fund and the Emergency FEMA Fund (i.e., the fund used for
Deployment Grants).
Similarly, the FEMA Project Impact grant of 1999 retains $24,584 in unappropriated revenue
associated with reimbursements for public disaster preparation programs and special events.
These funds can be used to support a variety of disaster preparedness initiatives, such as
public education, preparedness planning, and preparedness equipment.
. Considerations: Full reconciliation of these accounts, including distribution of all
revenue for repayment of the General Fund for previous administrative costs and the
Emergency FEMA Fund for general expenses, is necessary to meet governmental accounting
practices. Processes have now been put in place to ensure a more timely distribution of all
reimbursement revenue.
. Public Information: Public Information will be handled through the normal City Council
agenda processes.
. Alternatives: These funds will remain as unappropriated revenue, the General Fund
cannot be reimbursed for past expenses and the deployment grants cannot be formally closed
in the City's financial system without this action.
. Recommendations: Appropriate remaining revenue in the Project Impact Grant
($24,584), USAR Salt lake City Deployment Grant ($36,199.48), World Trade Center/Pentagon
Deployment Grant ($9,933.04).
. Attachments: Ordinance
Recommended Action: Approval of or~inance
Submitting Department/Agency: Fire
City Manager~ \(, ~
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AN ORDINANCE TO APPROPRIATE FEDERAL
REVENUE AND TO TRANSFER FUNDS TO THE
GENERAL FUND FOR PREVIOUS ADMINISTRATIVE
COSTS
WHEREAS, the Federal Emergency Management Agency has previously
provided $70,716.52 for grants administered by the Fire Department through the
Virginia Task Force 2 Urban Search and Rescue Team (USAR) for administrative costs
incurred by the City's General Fund and general costs incurred by the USAR related to
the Salt Lake City Olympics and World Trade Center-Pentagon deployments, as well as
disaster preparedness education, planning and equipment costs related to the 1999
Project Impact Grant, and
WHEREAS, administrative cost reimbursement funds shall be transferred to the
General Fund to cover past administrative expenses related to these grants.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. Estimated revenues from the Federal Emergency Management Agency for
administrative cost reimbursement are hereby increased by $70,716.52.
2. Appropriations to the Project Impact Grant for disaster preparedness
education, planning, and equipment are increased by $24,584.
3. Appropriations to the Salt Lake City Olympics Deployment Grant for general
costs and previous administrative costs are hereby increased by $36,199.48.
4. Appropriations to the World Trade Center-Pentagon Deployment Grant for
previous administrative costs are hereby increased by $9,933.04.
5. That $25,772.02 is transferred from the Salt Lake City Olympics Deployment
Grant to the General Fund for previous administrative costs.
6. That $10,427.46 is retained in the Salt Lake City Olympics Deployment Grant
for general costs.
7. That $9,933.04 is transferred from the World Trade Center-Pentagon
Deployment Grant to the General Fund for previous administrative costs.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
of
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content
Approved as to Legal
Sufficiency
~~-
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Cr:-~~
City Attorney's ~
CA 10806/ R-2 / June 27, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds to the Police Department's FY 2008-09
Operating Budget for the Purchase of Equipment
MEETING DATE: July 8, 2008
. Background: The Police Department requests the use of fund balance from the
Drug Enforcement Administration (DEA) Seized Property Special Revenue Fund to
purchase the following priority equipment, canines, and services that have not been
funded through the operating budget.
. New holsters for all sworn staff that provide consistent retention security,
additional durability, and provide commonality in training ($71,000)
. 4 Replacement canines to replace canines at or near the end of their service life
($24,000)
. 30 Tasers for patrol and warrant squad use ($54,000), including operating and
training costs for two years
. Remote mobile video system ($40,000)
. 20 portable radios for patrol ($66,500)
. Furniture; technology, and equipment to support the recently renovated meeting
room in the basement of Police Headquarters ($55,000). Funding was not
available in the capital project.
. Security system replacements and enhancements within Police Headquarters
and other police facilities ($174,500).
. Long range acoustical device ($20,000)
. Replace current in-car cameras (39) with digital devices ($192,200)
. Fingerprinting equipment for 2nd Precinct ($9,500)
. Two Mobile Data Terminals for the Forensic Services Unit ($14,200)
Total cost is $720,900.
. Considerations: The DEA Seized Property Special Revenue Fund provides law
enforcement agencies monetary resources to assist in accomplishing their mission. An
appropriation from the fund balance of the DEA Seized Property Special Revenue Fund
furthers this purpose.
. Public Information: Public information would be made available through the
normal Council Agenda process.
. Alternatives: Funding has not been available through the operating budget to
purchase this equipment and likely will not be available for the next two fiscal years.
Grants are sought but not always available or approved by the funding sources.
. Recommendations: It is recommended that $720,900 be appropriated from the
fund balance of the DEA Seized Property Special Revenue Fund to purchase these
items.
. Attachments: Ordinance
Recommended Action: Approval
Submitting DepclrtmentlAgency: Police ~
City Manage~~ k.. :Ce.-<Vt
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AN ORDINANCE TO APPROPRIATE FUNDS TO THE
POLICE DEPARTMENT'S FY 2008-09 OPERATING BUDGET
FOR THE PURCHASE OF EQUIPMENT
WHEREAS, the Drug Enforcement Administration (DEA) Shared Asset Special
Revenue Fund provides law enforcement agencies with monetary resources to assist in
accomplishing their mission.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Estimated revenues from the DEA Seized Property Fund Balance are hereby
increased by $720,900.
Appropriations to the Police Department's FY 2008-09 Operating Budget for the
purchase of priority equipment and canines are increased by $720,900.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Ci~{~?~
CA 10805
R-2
June 27,2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds and to Transfer Funds to the
Department of Public Works' FY 2008-09 Operating Budget in the Grants
Consolidated Fund for Water Quality Improvements
MEETING DATE: July 8, 2008
. Background: Virginia Beach has been awarded $133,932 in competitive State
grant funds to undertake a series of water quality enhancement projects, to undertake a
project in partnership with Virginia Wesleyan College, and to continue community
conservation partnerships with two community watershed organizations in the City.
These enhancement projects are located in the City's Back Bay, Elizabeth River, Little
Creek, Lynnhaven River, and North Landing River watersheds. The projects are
intended to reduce excessive nitrogen and phosphorus concentrations in runoff to these
receiving watersheds, as well as reduce fecal coliform bacterial contamination in the
watersheds, thereby helping the City to meet multiple requirements, including various
Total Maximum Daily Load (TMDL) standards, the Chesapeake Bay 2000 Agreement,
the Lower James Tributary Strategy, the SWAMP Special Area Management Plan goals
and objectives, various water quality regulatory programs (such as Chesapeake Bay
Preservation Act, Erosion and Sediment Control, and Stormwater Management), and
general water quality initiatives.
The grant funds require a cash match of $133,932 to support this series of projects,
bringing the total funding to $267,864. Matching funds are being provided through the
following sources: .
. $61,432 in CIP #7-183, Storm Water Quality Enhancements
. $12,500 in CIP #4-018, Greenways and Scenic Waterways - Phase II
. $60,000 from Virginia Wesleyan College
Utilization of these funds as proposed will help enhance water quality and showcase
various protection efforts in many of the City's watersheds, and also provide an
educational opportunity for citizens to observe or become involved in the
implementation of various demonstration projects with community watershed
organizations in partnership with the City.
. Considerations: The projects provide an opportunity for enhancing
recommendations outlined in the City's Comprehensive Plan Natural Resources Plan
concerning many of the City's watersheds. These projects will also afford citizens
hands-on stewardship opportunities and assist the City in meeting various federal and
State water quality mandates.
. Recommendations: It is recommended that City Council adopt the attached
ordinance to accept and appropriate $133,932 from the Virginia Department of
Conservation and Recreation and $60,000 from Virginia Wesleyan College and to
Virginia Department of Conservation & Recreation Grant
Page 2 of 2
transfer $61 ,4~12 from CIP #7-183, Storm Water Quality Enhancements, and $12,500
from CIP #4-0'18, Greenways and Scenic Waterways - Phase II, to the Department of
Public Works' Operating Budget, Grants Consolidated Fund. Total grant funding is
$267,864.
. Attachments:
Ordinance
Letter from Virg inia Wesleyan College
Grant Agreement
Recommended Action: Approve Ordinance ~
Submitting DejpartmentJAgency: Public Works Departmen/ t. C!{- /2e>
City Manage,(~ k >~~
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AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
AND TO TRANSFER FUNDS TO THE DEPARTMENT OF
PUBLIC WORKS' FY 2008-09 OPERATING BUDGET IN THE
GRANTS CONSOLIDATED FUND FOR WATER QUALITY
IMPROVEMENTS
WHEREAS, the Virginia Department of Conservation and Recreation (D.C.R.) has
provided a $133,932 grant to the City of Virginia Beach for water quality improvements,
and
WHEREAS, the D.C.R. grant requires a match, and ofthe required match $60,000
is being provided by Virginia Wesleyan College, $61,432 is provided by CIP #7-183 Storm
Water Quality Enhancements, and $12,500 is provided by CIP #4-018, Greenways and
Scenic Waterways - Phase II, and
WHEREAS, after the required match, the total grant funding is $267,864.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. Grant funds in the amount of $133,932 from the Virginia Department of
Conservation and Recreation for water quality improvements are hereby accepted and
estimated revenues increased accordingly.
2. $133,932 is appropriated to the Department of Public Works' FY 2008-09
Operating Budget, Grants Consolidated Fund.
3. Funds in the amount of $60,000 from Virginia Wesleyan College for water quality
improvements are hereby accepted and estimated revenues are increased accordingly.
4. $60,000 is appropriated to the Department of Public Works' FY 2008-09
Operating Budget, Grants Consolidated Fund.
5. That $61 ,432 is transferred from CIP #7-183, Storm Water Quality Enhancements
to the Department of Public Works' FY 2008-09 Operating Budget, Grants Consolidated
Fund.
6. That $12,500 is transferred from CIP #4-018, Greenways and Scenic Waterways
- Phase II to the Department of Public Works' FY 2008-09 Operating Budget, Grants
Consolidated Fund.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Cityc;t~~ctm~ ~
CA 10807
R-2
June 27, 2008
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WESLEYAN
COLLEGE
( )/(.-, OJ 1.\ rll.'....!,'I!
May 6, 2008
Mr. H. Clayton Remick, III
Administrator. Department of Pl~lI111ing
City of Virginia Reach
Environmental Management Center
Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, V A 23456-9040
Dear Mr. Bernick:
On behalf of Virginia Wesleyan College, I am pleased to extend our enthusiasm for
partnering with the City of Virginia Beach on the Water Quality Improvement Fund (WQIF)
grant from the Commonwealth's Department of Conservation and Recreation (OCR). It is our
understanding that the City will direct $60,000 from the grant for the College' s project in the
Chesapeake Bay watershed.
The funding provided through this partnership will support the conversion of an existing
dry BMP into two larger wet BMPs. Each will have an aquatic bench and sediment tore bay,
which will provide a more effective fiItration and envirorunental solution. Pollutant removal
calculations place these wet ponds at 65%. The conversion of the BMP will benefit the campus
as well as surrounding neighborhoods that drain onto our campus and reduce the impact of
stormwater runoff on Lake Taylor.
The conversion of the dry AMP to two wet BMPs will take place as part of site work tor
significant construction in the College's athletic complex. Virginia Wesleyan is prepared to
move ahead with construction of the BMP immediately upon receiving confirmation from
the City of Viq~inia Beach that the grant agreement has been finalized with OCR. The
College has matching funds of morc than $60,000 in place tor the BMP project. 1 have attaciled
copies of drawings from our civil engineers and landscape architect for these new BMPs.
We look forward to partnering with the City of Virginia Beach to improve the watersheds
in our City and the Chesapeake Bay. Please feel free to contact SuzalIDe Savage at 757-233-
8736 if Vie may provide any additional intormation.
Cordially,
~~
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Granl Agreement # 2007- WQIF-32
COMMONWEALTH OF VIRGINIA
Department of Conservation and Recreation
Grant Agreement
Water Quality Improvement Fund
2007-WQIF-32
This Grant Agreement (hereinafter referenced as "Agreement") is made, by and between the
Commonwealth of Virginia, Department of Conservation and Recreation, hereinafter called
"DCR," and City of Virginia Beach, hereinafter called the "Grantee."
Pursuant to the Virginia Water Quality Improvement Act of 1997, the Virginia General
Assembly cr~ated the Water Quality Improvement Fund to provide funding for point and
nonpoint source water quality improvements throughout the Commonwealth. This Agreement is
a sub-grant award, from DCR to the Grantee, of said state grant funds. The parties to this
Agreement, inconsideration of the mutual covenants and stipulations set out herein, agree as
follows:
(I) GENERAL PROVISIONS: Grantee shall carry out the project as set forth in the Agreement
documents. The Agreement documents shall consist of this signed Grant Agreement and:
(1) Attachment A - Scope of Work
(2) Attachment B - Project Financial Report Fonn
(3) Attachment C - Milestone Table
(4) Attachment 0 - NPS Pollution Tracking Data Form for BMPs
(5) Attachment E - Commonwealth of Virginia, Terms and Conditions
Nothing in this Agreement shall be construed as authority for either party to make commitments
that will bind the other party beyond the Scope of Service, contained herein. Furthermore, the
Grantee shall not assign, sublet or subcontract any work related to this Agreement, or any interest
it may have herein, to any parties not approved by DCR, as noted in these Agreement documents_
The details and schedule of service set forth in the Scope of Work and Milestone Table are
deemed to have been consensual upon the execution ofthis Agreement.
(2) TIME OF PERFORMANCE: Upon signature by the Grantee and the director ofDCR, the
services of the Grantee shall be for the period from, October 1. 2007 through December 31 ,
2009, unless othenvise altered through provisions of this Agreement or extended by written
authorization of OCR. All time limits stated are essential to this Agreement. Every effort must be
made to complete the work on time. All project expenses and match funds must be completed
during the time cfperformance.
(3) COMPENSATION: The total grant award from OCR is $ 133.932. DCR shall release the
grant award to the Grantee on a cost-reimbursement basis upon receipt and approval of the
Grantee's quarterly reports, as required by this Agreement, or at other times agreed to by DCR.
OCR is under no Jbligation to reimburse work performed prior to the commencement or after the
expiration of the contracted time of performance. OCR reserves the right to withhold a minimum
of 15% of the Grantee' s total grant allocation until the final grant report and all services, reports
and deliverables are received and approved by DCR. Acceptance of work completed under this
Agreement shall be decided at the sole discretion ofDCR and shall be final.
Grant Agreement FOImal Revised Sept 2006
Page I
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Grant Agreement II 2007-WQIF-F
The Grantee shall spend the funds according to the specified categories of the Agreement budget.
Minor shi fts of the funds among categories by the Grantee, not to exceed 10% of any budget line
item are pemlissible. Shifts in funds exceeding lO% of budget line items must be approved in
writing by DCR. Any cost overruns incuned by the Grantee during the time of perfonnance shall
be the responsibility of the Grantee.
(4) MATCHING FUNDS: If this Agreement is contingent upon cash and in-kind contributions
by the Grantee to the project, the required amount of matching funds will be indicated on the
Project Financial Report Form, Attachment B, of these agreement documents, Matching
contributions, if applicable, must reflect expenses directly related to the implementation of this
project and incurred only during the time of performance listed in this Agreement. The decision
ofDeR with respect to approval of matching funds shall be final. Matching funds must be
tracked and reported to DCR in the quarterly and final reports described below, both in narrative
summary and on Attachment B.
(5) SCOPE OF SERVICE: The Grantee shall provide the services to DCR set forth in the
Agreement documents and, specifically, as defined in the Scope of Work. All deliverables shall
conform to accepted standards and practices. The Grantee shall provide DCR with quarterly
reports and a final report, in narrative and financial report form, detailing the progress of work set
forth in the Agreement documents. Incomplete or inaccurate reports may result in reimbursement
delays. These reports shall be certified by an authorized agent of the Grantee as being true and
accurate to the best of the Grantee's knowledge, as indicated by their signature on Attachment B.
Each quarterly report, due on the 15th ofthe following month, shall contain the following:
(l) A narrative - Describe the progress in fulfilling the Scope of Work and activities for
each deliverable listed in the Milestone Table. Provide both accomplishments and
challenges, and a financial narrative with itemized details of expenditures.
(2) An updated Project Financial Report Form (Attachment B) - On Attachment B,
summarize expenses incurred in the columns under "OCR Funds" and Grantee
contributions under "Match Funds." This form also serves as the reimbursement
request, or invoice, for the Grantee, therefore, only copies with the original authorized
signature will be accepted by DCR.
(3) An updated Milestone Table (Attachment C) - Enter "Actual Completion Date" for
specific tasks on the table and provide relevant notes.
(4) NPS Pollution Tracking Data Form for BMPs (Attachment D) - Enter data for best
management practices installed and completed, if applicable.
The filial report, due 45 days after the Agreement terminates, shall summarize all major project
accomplishments and challenges, as well as expenditures and matching contributions during the
period after the project began through the termination date. Photographs taken before, during and
after project implementation should be included in the final report. The final reimbursement
request must be submitted with the final report.
(6 ) ASSISTANCE: OCR agrees, upon request of the Grantee, to furnish, or otherwise make
available to the Grantee, copies of existing non-proprietary materials in the possession of OCR
that are reasonably associated with this project. This includes materials that are necessary to the
Grantee for completion of its performance under this agreement.
Granl Agreemel1l Fomlal Revised Sepl. 2006
Page 2
Grant Agreell1enl # 2007-WQIF-J2
(7) FINANCIAL RECORDS A V AILABILITY: The Grantee agrees to retain all books, records
and other documents relative to this agreement for five years after final payment. DCR, its
authorized agents, and/or state auditors shall have full access to, and the righuo examine any of,
said materials during said period.
(8) CREATION OF INTELLECTUAL PROPERTY: All intellectual property including
copyrightable material created pursuant to this contract shall be considered work made for hire
and shall belong exclusively to the Commonwealth of Virginia. Neither party intends any
copyrightable' material created pursuant to this contract, together with any other copyrightable
material with which it may be combined or used, to be a "joint work" under the copyright laws. If
any copyrightable material created pursuant to this contract cannot be deemed work made for hire
or is deemed part of a joint work, the Grantee does hereby irrevocably assign its entire copyright
interest in such material or work to the Commonwealth of Virginia and shall execute and deliver
such further documents as the Commonwealth may reasonably request for the purpose of
acknowledging or implementing such assignment. DCR hereby grants to the Grantee a license to
use the materi :lIs, so owned, for public, not-for-profit purpose within the territory of the
CommonweaLh.
A copyright notice shall be placed in an appropriate location on any copyrightable material being
distributed or published. Such notice shall include (1) either the symbol "to", the word
"Copyright" or the abbreviation "Copr." (2) the year of first publication, and (3) the name ofthe
copyright owner (the Commonwealth of Virginia), This information shall be followed by the
words, "all rigtlts reserved."
(9) DOCUMENTS: The Grantee may retain any reports, studies, photographs, negatives or other
documents prepared in the performance of their obligations under this Agreement and not
required to be delivered to OCR. DCR shall have certain rights to use any such materials as
specified above. Where necessary for DCR' s enjoyment of its rights and other rights referenced
in this Agreement, the Grantee shall provide a clear, reproducible copy of such materials
(machine readable upon request, if readily available to the Grantee in such form) to DCR.
(10) TERMINA nON AND BREACH: Either party may terminate this agreement upon thirty
days written notice to the other party. DCR may terminate this Agreement for any reason
necessary to support its current policy and financial status, including the need to redirect funds to
another program. It is understood and agreed between the parties, herein, that DCR shall be
bound, hereunder, only to the extent of the funds available or which may hereafter become
available for the purpose of this Agreement.
In the event of breach by the Grantee of this Agreement, DCR shall provide written notice to the
Grantee specifying the manner in which the Agreement has been breached. If a notice of breach
is given and the Grantee has not substantially corrected the breach within 60 days of receipt of
the written notice, DCR shall have the right to terminate the Agreement. The grantee shall not be
paid for services rendered nor expenses incurred after receipt of the notice of termination, except
sllch fees and expenses incurred prior to the effective date of termination as are necessary for
curtailment of its work under this Agreement.
Grant Agreement Formal RI'vlsed Sept. 2006
Page J
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(11) QUALITY ASSURANCE/QUALITY CONTROL PROJECT PLANS: Within 60 days of
the effective date of this Agreement and ifrequired in Attachment A of this Agreement, the
Grantee will submit to DCR, for review and approval, a Quality Assurance/Quality Control
Project Plan. No water quality monitoring activities shall be initiated until the Quality
Assurance/Quality Control Project Plan has been approved by DCR. The Grantee shall
implement the approved Quality Assurance/Quality Control Project Plan in performing
environmental monitoring activities.
(12) REPORTING AND TRACKING INFORMATION MANAGEMENT SYSTEMS: In
accepting these funds, the Grantee agrees to the sharing of all deliverables and related
information through state and/or federal channels (including Internet use) and, wherever possible,
to provide DCR with deliverables in a fonnat that can be made available to the public.
(13) OPERATION AND MAINTENANCE: Before the end of the first quarterly reporting period
or other date as agreed to by DCR, the Grantee will submit to DCR, for review and approval, an
Operation and Maintenance Plan for BMPs and other on-the-ground implementation aspects of
this project. The Grantee will operate and maintain the project, or secure the operation and
maintenance of the project through landowner agreements, in a manner consistent with the plan
as approved by DCR. Adherence to Cost-Share Guidelines and BMP specifications is considered
an adequate Operation and Maintenance Plan. In the event that the Grantee fails to comply with
the operation and maintenance requirements, DCR shall give written notice specifying the failure
to comply and shall give the Grantee the time to correct such failure as provided for herein with
respect to a breach of this Agreement.
(14) ENFORCEMENT: For nonpoint source Best Management Practice installations funded
through this Agreement, within ninety (90) days of receipt of written demand from DCR, the
Grantee shall repay an amount, on a straight line pro-rated basis, of the WQIA funds used for the
installation, for noncompliance with Section ( 13) OPERATION AND MAINTENANCE, unless
the Grantee asserts a defense afforded it under this Agreement. Enforcement action for BMPs
funded through the Cost-Share Program will be in accordance to the Cost-Share Guidelines,
Within sixty (60) days of receipt of written demand from OCR, the Grantee shall pay a stipulated
penalty in the amount of $1,000 or 15%, whichever is greater, ofthe total award for any of the
conditions as set forth in this Agreement, including failure to meet the final deadline or
noncompliance with the Scope of Services, Attachment A, unless the Grantee asserts a defense
afforded it under this Agreement.
Repayments and stipulated penalties will be paid into the State Treasury and credited to the Fund.
The Grantee's right to collect repayments and stipulated penalties does not affect in any way
OCR's right to secure specific performance of the Agreement using such other legal remedies as
may otherwise be available.
(15) INTEGRATION AND MODIFICA nON: The Virginia Water Quality Improvement Fund
(WQIF) Guidelines; and the WQIF Request for Proposals (RFP), Application Form with
supporting documents as agreed to by the Grantee and DCR are hereby incorporated into this
grant agreement by reference. To the extent there are inconsistencies between the grant
agreement and the Application Form and its supporting documents, this agreement and its
Attachment A shall control. This agreement constitutes the entire Agreement between OCR and
Grant Agreemenr Formal Revised Sept 2006 Page 4
Grant Agreement # 2007-WQIF-32
the Grantee. No alteration, amendment, or modifications in the provisions of this Agreement
shall be effective unless it is reduced to writing and agreed to by the parties and attached hereto.
( 16) ACKNOWLEDGMENTS: The role of DCR must be clearly stated in all press releases,
news articles" requests for proposals, bid solicitations and other documents describing this
project, whether funded in whole or in part. Acknowledgment of financial assistance, with the
OCR logo, must be printed on the cover of all reports, studies, web sites, map products or other
products supported by this award or any sub-award. The grantee is responsible for contacting
OCR staff in adequate time to obtain the logo in camera-ready or digital form. Prior to
production, DCR project management staff must approve the final draft. The acknowledgment
should read:
This p,"oject receivedfundingfrom the Virginia Water Quality Improvement Fund
provided by the Departme'}t of Cons en/at ion and Recreation (DCR), via grant number
2007-WOIF-32.
(17) DISCLAIMER: For reports or papers produced for public distribution (including the final
product), the fi>llowing sentence must be added to the end of the above credit; The views
expressed herein are those of the author(s) and do not necessarily reflect the views of DeR.
IN WITNESS THEREOF the parties have caused the Agreement to be executed by the following
duly authorized officials:
Grantee: City of Virginia Beach
Grantor: Virginia Department of Conservation
and Recreation
By:
Title:
Date:
Date:
/.2,/5-D7
By:
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Title'
Date:
Grant Agreement Format Revised Sept. 2006
Page 5
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Attachment A
Scope of Work
2007-WQIF-32
City of Virginia Beach
Water Quality Coordination & Program Enhancement Project
DCR AWARD CONDITIONS/MODIFICATIONS:
This project is a continuation of a 2006 WQlF grant award (WQIA-2006-11) for cooperative nonpoint source programs with
local governments. This 2007 grant allows the City of Virginia Beach to continue the 2006 programs providing for additional
BOllpoint source implementation projects to be completed. The 2007 award of $ I 33,932 is at a reduced amount from the
$170,000 requested in the original proposal submitted to OCR.
The City of Virginia Beach grant award of $133,932 is based on allocations from the available funding for the Southern
Rivers Watersheds ($73,932) and the Chesapeake Bay Watershed ($60,000). These allocations are flexible only to the extent
that the City of Virginia Beach spends at least $73,932 of this grant award in the Southern Rivers Watersheds. No more than
$60,000 may be spend in the City of Virginia Beach's Chesapeake Bay Watershed due OCR's overall WQlF program
requirement that at least 40% of total project funding be allocated to the Southern Rivers Watersheds. The City is required to
provide 50/50 match for this grant award. This match can be provided from projects in the Chesapeake Bay Watershed and/or
the Southern Rivers Watersheds and is not restricted to matching the specific OCR watershed allocations mentioned above.
PROPOSAL NARRATIVE
PROJECT ABSTRACT
V irginia Beach proposes the second year of an ongoing capacity building program for urban nutrient, sediment, and bacteria
control and remediation to meet multiple requirements, including various Total Maximum Daily Load (TMDL) standards, the
Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management goals and
objectives, various water quality regulatory programs (CBP A, E&S, and Stormwater Management) and general water quality
initiatives, Currently, water quality-related responsibilities of Virginia Beach are fragmented between the City's Planning,
Parks & Recreation, Public Utilities, Public Works, Agriculture, Fire, and Housing and Neighborhood Preservation
Departments, with additional responsibilities held by the Chesapeake Bay Preservation Area Board, the Wetlands Board, the
Clean Community Commission, Virginia Beach Master Gardeners, the Virginia Dare Soil and Water Conservation District,
and the Environmental Crimes Task Force.
It is proposed that this fragmentation be alleviated by building capacity within the City through the work associated with the
various projects included in this grant application. When coupled with the work proposed and approved for funding in the
2006 WQIF Grant award, this new grant will allow the City to continue its existing programs and projects during and beyond
the grant term in a more comprehensive, coordinated, and cost efficient marmer.
PROPOSAL
Virginia Beach is the largest City in population in the Commonwealth with a correspondingly large geographic area, and in
response to demand and identification of priorities at various times, has over time evolved a sharply compartmentalized /
fragmented structure to manage water quality efforts. As a result, issues that cut across departmental boundaries are often
unintended victims of missed opportunities and resource allocation problems. Localities with smaller populations and
geographic area typically do not share these traits.
This problem has become more apparent with the City's recent focus on Lynnhaven River watershed restoration, and
emerging focus on Back Bay watershed restoration, as well. The City established and is begirming implementation through
the efforts of a multidepartmental Clean Waters Task Force the development of a coherent strategy for these watersheds, and
for coordinating City resources in a more cost efficient marmer. While progress at the Task Force level is demonstrably
being made, the 2006 WQlF Grant award has significantly increased momentum for a more integrated approach, and is
demonstrating that creating and maintaining increased capacity for water quality coordination is essential to achieving
emerging goals and objectives for these two watersheds. The proposed 2007 WQIF Grant package of projects will serve to
intensify these etfort~, and help to solidify a more comprehensive, coordinated, and cost efficient approach to achieving water
quality objectives.
The City's approach in the proposed grant is to array a series of demonstration projects to achieve multiple outcomes. First
and foremost. each of the proposed projects is intended to either directly help achieve water quality improvement through
demonstrable reductions in nutrients, sediment and pathogens, with a principal focus on waters where TMOLs have been
established. Each of the projects is also intended to include an education and/or stewardship component to reach its target
audience with a better grasp of intended water quality benefits and how individuals or groups can also undertake or continue
similar efforts on their property. Another principal objective of the projects is to continue and expand efforts for coordination
capacity building as the projects are undertaken in an interdepartmental .manner, with new partnerships being forged with
both City and other community groups.
PROJECT NEED; OBJECTIVES; OVERALL CONTENT; METHODOLOGY & TIMELINE; NPS RESULTS, NPS
REDllCTIONS, OR ENVIRONMENT AL RESULTS; AND PARTNER JUSTIFICATION
Specific infOlmation for each of the proposed projects is as follows:
Boater Educatio1l & Pump Out
The City will partner with the Hampton Roads Sanitation District to transmit educational materials and remove high strength
sewage from vessels within the Rudee Inlet/Owl's Creek watershed of the City of Virginia Beach. This area has been
targeted for a fecal coliform TMDL and will be subject to development of a TMDL Implementation Plan. This program is
free to boaters. This is an expansion of an existing project funded under the FY 2006 WQIF Grant.
Quantified benefits are:
· 750 gallons of high strength sewage removed from these water bodies
· 2.13 x 10\3 bacteria removed (fecal coJifonn & e.coli)
· 8.8 x 106mg of oxygen demanding substances removed (BOD)
· 150 to 200 persons will be educated re: the environmental benefits of the. project
· Annual reduction of IO pounds of Nitrogen
· Annual reduction of 0.6 pounds of Phosphorus
The partner for this project, Hampton Roads Sanitation District (HRSD), has been involved in this since its inception. HRSD
will conduct face to face educational opportunities, collect and properly treat and dispose of the sewage collected.
Redwing Golf Course Audubo1l and Nutrient Management
This project will entail nutrient management and initiating Audubon Certification for City-owned Redwing Golf Course.
This project is in the Ba:k Bay watershed. It will be used to determine the prototype of similar projects for the future. This
is a new project and will be undertaken in partnership by the City, the Back Bay Restoration Foundation community
watershed organization, ;md other conununity organizations.
Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by
this project. The benefit! of this project are:
· Annual reduction of70 pounds of Nitrogen
· Annual reduction of 10 pounds of Phosphorus
Buffers - Ripariall Buffa Planlillgs
This project will entail the installation of riparian buffers on City-owned park and school lands, and will allow for buffering
of a total of approximately 1 mile of shoreline (average cost of $300 per 100 linear feet of shoreline, based on previous
riparian buffer projects). The project is in the Back Bay, North Landing River, and Rudee Inlet/Owl's Creek watersheds of
the City of Virginia Bean This is an expansion of an existing project funded under the FY 2006 WQIF Grant, and will be
undertaken in partnership by the City, Public Schools, Back Bay Restoration Foundation community watershed organization,
the Rudee Inlet Owls Creek Partnership conununity watershed organization, and other conununity organizations.
{lnquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by
this project. The benefits I)f this project are:
· Annual reduction of 42 pounds of Nitrogen
· Annual reduction of 3 pounds of Phosphorus
"
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VA Wesleyall College COllversioll of Dry POlld to Wet POlld
This project will entail construction of stormwater quality improvements in addition to those improvements already required
by regulations yielding increased water quality runoff. This includes treatment of public stormwater from the southeast of
the College. This is in the Elizabeth River watershed and will be managed and funded by Virginia Wesleyan College in
partnership with the City. This is a new project, and will be undertaken in partnership by Virginia Wesleyan College with the
City and other community organizations.
Unquantified sediment and bacterial reductions will be achieved with this project. Nutrient reductions will be achieved by
this project. The benefits of this project are: .
Annual reduction of 44 pounds of Phosphorus
Creeds ElementalY Outdoor Classroom
This is a new project for construction of an environmental education outdoor classroom and demonstration rain garden and
native planting demonstration and identification area. This project is in the Back Bay watershed and will be managed by the
City in liaison with Public Schools and the Virginia Dare Soil and Water Conservation District, the Back Bay Restoration
Foundation, and other school community organizations. Virginia Dare Soil and Water Conservation District has been
instrumental in the development of this project.
Unquantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are:
· Year-rOlmd environmental education of hundreds of public school students, faculty, and parents,
annually.
Mil/dam Creek Trail Water Quality Education Kiosk
This is a new project for construction of a water quality education kiosk at the Nature Conservancy Boardwalk and Trail on
Milldam Creek, identified as a Virginia Beach Coastal Area Bacterial TMDL watershed. This project is in the North Landing
River watershed and will be managed by the City in liaison with The Nature Conservancy and the Virginia Dare Soil and
Water Conservation District and other community organizations, Virginia Dare Soil and Water Conservation District has
been instrumental in the development of this project.
Unquantified nutrient and sediment reductions will be achieved with this project. Quantified benefits are:
Year-round environmental educations of hundreds of trail visitors, City residents, and visitors,
annually.
Virginia Aquarium Storm water Drop btlet Retrofit
This is a new project for construction of a replacement stormwater drop inlet adjoining the parking lots at the Virginia
Aquarium which currently direct discharge to the Rudee Inlet/Owl's Creek watershed. This watershed has been targeted for a
fecal coliform TMDL and will be subject to development of.a TMDL Implementation Plan. The retrofit will involve the
replacement of the existing drop inlet with a proprietary stormwater drop inlet marketed as Bacterra. An information sign
will be installed adjoining the retrofit to explain how the system works and how it helps to improve water quality.
Unqualltified sediment reductions will be achieved with this project. Quantified benefits are:
· Annual reduction of 0.32 pounds of Phosphorus
Annual reduction of 1.2 pounds of Nitrogen
· .0023 x 1013 bacteria removed (fecal coliform & e.coli)
City Police Mounted Patrol Facility Large Acreage Horse Grazing System
This project is intended to help reduce soil erosion in pastures and to prevent those areas exposed to heavy livestock traffic
from experiencing excessive manure and soil losses due to the destruction of ground cover, and eliminate direct acce!,s to, or
a direct runoff input of manure and sediment to West Neck Creek, a tributary to the North Landing River watershed. This
subwatershed is identified as part of the Virginia Beach Coastal Area Bacterial TMDL watershed and is currently subject to
development of a fecal bacteria TMDL Implementation Plan. This requested funding is for the design and construction of the
large acreage horse grazing system. The project will be managed by rhe City's Agriculture and Public Works Departments in
liaison with the Virginia Dare Soil and Water Conservation District. Virginia Dare Soil and Water Conservation District has
been instrumental in the development of this project.
Unquantified sediment, nutrient and bacterial reductions will be achieved with this project.
The proposed projects are to be undertaken with funding amounts equally applicable for requested State funds and City
matching funds or Virginia Wesleyan College funds. Volunteer hours for labor for riparian buffer projects, the outdoor
classroom project, and water quality kiosk would provide additional match, but have not been calculated. Cost estimates
were developed based upon actual City costs for similar projects, and also utilizing the James River Final TributGl}'
Smllegles Implemenfiltlon Plan,
City staff fi-om the departments noted above, with a combined level of expertise exceeding 100 years of local experience in
water quality efforts, ,;oupled with dedicated financial matching funds through the City's Stormwater Management Utility to
provide matching funds for requested grant support, demonstrate conunitment to initiate and follow through on the requested
grant program. Identified City matching funds are programmed into the Capital Improvement Program. Likewise, Virginia
Wesleyan College ah!', indicated its commitment to funding for the dry pond to wet pond conversion project (see attached
letter of support). Other potential sources of additional supplemental matching funds and in-kind support are from the City's
Operating Budget, oth~r grants, and private organizations,
A map of the City showing the impaired waters according to the Department of Environmental Quality was provided with the
original project proposal. The State Water Control Board has approved a shellfish TMDL for fecal coliforms for most of the
Lynnhaven Watershed. This TMDL Implementation Plan has also been approved by the State Water Control Board. The
State Water Control Board has approved another TMDL for fecal coliforms for the upper reaches of the Lynnhaven
Watershed and waters in the Southern Rivers portion of the City, and development of the TMDL Implementation Plan is
underway. Further TTV DL 's are pending.
Education and Outreac1 to be undertaken with the overall project will include the public education programs noted above, as
well as presentations to the Virginia Lakes and Watershed Association, Virginia Section of the American Society of Civil
Engineers, the Virginia Chapter of the American Planning Association, and similar organizations. Similarly, the City intends
to publicize the grant projects on its website.
II I
I III
/BUDGET NARRAfivE,'i,...
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BUDGET CATEGORIES & ITEMIZED DESCRIPTION
WQIF Grant
"';"';,:~
", .':.:;:..
Match
Funds
., : '
I PERSONNEL
FRINGE BENEFiTS
~
Personnel Subtotal? $ 0
$0
Fringe Subtotal? $ 0
$0
TRA VEL
Travel Subtotal? $ 0
$0
EQUIPMENT Equipment Subtotal? $ 932 $ 932
- SIGNAGE FOR RIPARIAN BUFFERS, OUTDOOR CLASSROOM; $ 932 $ 932
WATER QUALITY EDUCATION KIOSK. DROP INLET RETROFIT
SUPPLIES Supplies Subtotal ? $ 4,000 $ 4,000
- PLANTS & MULCH FOR RIPARIAN BUFFERS, PLANTS & $ 4,000 $ 4,000
MULCH FOR OUTDOOR CLASSROOM
CONTRACTUAL Contractual Subtotal? $ 35,000 $ 35,000
- OPERATIONS FOR BOAT PUMP OUT, APPLICATION & DESIGN
FOR GOLF COURSE NUTRIENT MANAGEMENT, DESIGN FOR
DRY POND TO WET POND CONVERSION, DESIGN & $ 35,000 $ 35tOOO
MONITORING FOR DROP INLET RETROFIT, DESIGN FOR
HORSE GRAZING SYSTEM
CONSTRUCTION Construction Subtotal? $ 94,000 $ 94,000
- GOLF COURSE NUTRIENT MANAGEMENT $ 12,500 $ 12,500
- DRY POND TO WET POND CONVERSION $ 54,000 $ 54,000
- DROP INLET RETROFIT $ 15,000 $ 15,000
- HORSE GRAZING SYSTEM $ 12t500 $ 12,500
OTHER DIRECT Other Direct Subtotal? $0 $0
INDIRECT Indirect Subtotal? Not allowed $0
Not allowed
TOTAL COSTS $ 133,932 $ 133,932
NPS RESUL'.'~S:"':'.d".~N,P,2'SPO'>,.'liL.'" 'U".',"r.",';:a;.g>.-"N. ':~,.l.'j'E~~',~.-,'.lff~",~~8,<a:,'~.';"E;S""'T"o'I"M' ~:sA"JT' :'E"S:"\~"k'\< '.~!!,,'. ",}'." :i{';{
.~~ :. ~ ~_ . '."_ "' ;.,1;, ,j;~' '~'~~~~":~U':~'." ", . _ ,.;, ~->.< ~''::','~
(Specify and describe the type of BMPs to be installed, repaired,
replaced, retrofitted or otherwise modified.)
BMP(s) Name and
Work Description
Estimate Size or
Quantity of BMP(s):
Drainage Area:
(If applicable)
Estimated annual
NPS reductions:
(If possible)
BOAT PUMP OUT - N/A
GOLF COURSE NUTRIENT MANAGEMENT - N/A
BUFFERS - RIPARIAN BUFFER PLANTINGS
DRY POND TO WET POND CONVERSION
OUTDOOR CLASSROOM - N/ A
WATER QUALITY EDUCATION KIOSK - N/A
DROP INLET RETROFIT
HORSE GRAZING SYSTEM
(Specify targeted number of acres, linear feet, number of units
or other appropriate unit for BMPs to be implemented.)
BOAT PUMP OUT - N/A
GOLF COURSE NUTRIENT MANAGEMENT - N/ A
BUFFERS - RIPARIAN BUFFER PLANTINGS - 4.2 AC.
DRY POND TO WET POND CONVERSION - 45,500 CU.FT.
OUTDOOR CLASSROOM - N/ A
WATER QUALITY EDUCATION KIOSK - N/A
DROP INLET RETROFIT - 0.16 AC.
HORSE GRAZING SYSTEM - 17.0 AC.
(Estimate drainage area, such as acres to be treated by BMP(s)
and including % acres or % of area to be treated that is pervious
vs. impervious.)
BOAT PUMP OUT - 2,549 AC.; 30% IMPERVIOUS
GOLF COURSE NUTRIENT MANAGEMENT - 292 AC.; 5%
IMPERVIOUS
BUFFERS - RIPARIAN BUFFER PLANTINGS - 4.2 AC.; 0%
IMPERVIOUS
DRY POND TO WET POND CONVERSION - 17.4 AC; 38%
IMPERVIOUS
OUTDOOR CLASSROOM - N/ A
WATER QUALITY EDUCATION KIOSK - N/A
DROP INLET RETROFIT - 0.16 AC.; 100% IMPERVIOUS
HORSE GRAZING SYSTEM - 17.0 AC.; 10% IMPERVIOUS
k Sediment
123.2 Nitrogen 57.92 Phosphorus un no (Ib )
(Ibs) (Ibs) wn - (to~S)
2.1323 x 1013 + bacteria (fecal
list other Pollutant(s) and coliform & e. coli); 8.8 x 106 + mg
reductions (e.g. Pathogens). oxygen demanding substances
(BOD)
II I
I
Describe basis or
source for NPS
reduction estimates:
Other NPS Results
information:
(e.g. SWM engineering calculation, Bay Model efficiencies, TMOL
studies and implementation plans, National Small Flows
standards for septic, scientific study results, manufactured BMP
design specifications, etc.)
BOAT PUMP OUT - HRSD SEWAGE SAMPLING DATA; ESTIMATED
FOR BOATS FROM PREVIOUS EFFORTS
GOLF COURSE NUTRIENT MANAGEMENT - CITY OF VIRGINIA
BEACH PARKS & RECREATION ESTIMATE FROM GOLF COURSE
NUTRIENT MANAGEMENT DATA
BUFFERS - DCRjDCBLA RIPARIAN BUFFER MANUAL
DRY POND TO WET POND CONVERSION - CBPA CALCULATIONS
OUTDOOR CLASSROOM - Nj A
WATER QUALITY EDUCATION KIOSK - NjA
DROP INLET RETROFIT - BACTERRA PRODUCT SPECS
HORSE GRAZING SYSTEM - NORTHERN VA SWCD & PRINCE
WILLIAM SWCD HORSE GRAZING SYSTEM RESEARCH
NURP and US EPA loadings and reductions criteria as set forth in
the James River Final Tributary Strategies Imp/ementation Plan
and the EPA Urban Runoff Pollution Prevention and Control
Planning Handbook
'i
COMMONWEALTH OF VIRGINIA
Department of Conservation and Recreation
Attachment B
Project Financial Report Form
Water Quality Improvement Fund
DCR Grant Agreement: 2007 -WQIF-32
FederallD #
Grantee:
Contact Person:
Mailing Address
54-0711062
City of Virginia Beach Phone #: 757 -385-4899
Clay Bernick Email: cbernick@vbgov.com
Department of Planning, 2405 Courthouse Drive, Building 2, Room 115
Virginia Beach, VA 23456-9040
Virginia Beach Water Quality Coordination & Program Enhancement Project
Project Title:
Reporting Period:
(beginning date) (end date)
January - March 2007
April - June 2008
July - September 2009
October - December
OCR Funds (State)
Project Current Cumulative .Unexpended
Budget Expenditures Expenditures Project Balance
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Equipment $ 932.00 $ $ $ 932.00
Supplies $ 4,000.00 $ $ $ 4,000.00
Contractual $ 35,000.00 $ $ $ 35,000.00
Construction $ 94,000.00 $ $ $ 94,000.00
Other Direct $ $ $ $
'TOTAL $ 133,932.00 $ $ $ 133,932.00
Total Reimbursement Request: $
MATCH Funds
Project Match Current Match Cumulative Match .Unexpended
Budget Expenditures Expenditures Match Balance
Personnel $ $ $ $
Fringe $ $ $ $
Travel $ $ $ $
Equipment $ 932.00 $ $ $ 932.00
Supplies $ 4,000.00 $ $ $ 4,000.00
Contractual $ 35,000.00 $ $ $ 35,000.00
Construction $ 94,000.00 $ $ $ 94,000.00
Other Direct $ $ $ $
Indirect $ $ $ $
'TOT AL $ 133,932.00 $ $ $ 133,932.00
Authorized Signature:
Date:
"These cells are formulas on the 1!lectronic version of this form. For an electronic copy of this form contact the OCR Project Manager.
II I
i ,I, I III
.DCR
Deparrment o~Conservation ~_~~~~tion. __ _.__
19~i~YI.N]; ~1~1t-JIAS NATURAL &.--E:ECREAlIQNAL R[SQ.URC~
Attachment C
2007-WQIF-32
Milestone Table
Sponsor:
City of Virginia Beach
Name of Project:
Water Quality Coordination & Program Enhancement Project
NOTE: For an electronic copy oftms form contact the DCR Project Manager.
". .
Submit quarterly budget and project Virginia Beach
narrative reports, and required forms
to DCR by the 15th day following the
end of each calendar uarter.
Jan 15,2008
& quarterly
through
Jan 15, 2010
Submit Operation and Maintenance Virginia Beach
Plan to DCR for approval.
April 15,
2008
Boater Education & Pumpout
Hampton Roads
Sanitation District
Under Contract to
Vir inia Beach
Virginia Beach &
Back Bay
Restoration
Foundation
Redwing Golf Course Audubon and
Nutrient Management
Riparian Buffer Plantin s
Virginia Wesleyan College
Conversion of Dry Pond to Wet Pond
Creeds Elementary Outdoor
Classroom
Virginia Beach
Milldam Creek Trail Water Quality
Education Kiosk
Virginia Beach
Virginia Aquarium Stormwater Drop
Inlet Retrofit
Virginia Beach
City Police MOllnted Patrol Facility
Lar e Acrea e Horse Grazin System
Virginia Beach
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Attachment E
COMMONWEAL TO OF VIRGINIA
TERMS AND CONDITIONS
A. APPLICABLE LAWS AND COURTS
B. ANTI-DISCRIMINATION
C. AUDIT
D. A Y AILABILITY OF FUNDS
E. AWARD OF GRANT
F. CHANGES TO THE GRANT AGREEMENT
G. ETHICS IN PUBLIC CONTRACTING
H. MANDATORY USE OF STATE FORM AND TERMS AND CONDITIONS
I. NONDISCRIMINATION
J. PA YMENT
K. QUALIFICATIONS OF PROJECT SPONSORS
L. TESTING AND INSPECTION
M. RENEW AL OF GRANT AGREEMENT
N. SMALL, WOMEN, AND MINORITY-OWNED BUSINESSES
E-l
E-l
E-2
E-2
E-2
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E-3
E-3
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A. APPLICABLE LAWS AND COURTS: This grant agreement shall be governed in all respects by
the laws of the Commonwealth ofYirginia and any litigation with respect thereto shall be brought in
the courts of the Commonwealth. The agency and the grantee are encouraged to resolve any issues in
controversy arising from the award of the grant using Alternative Dispute Resolution (ADR)
procedures (Code of Virginia, ~ 2.2-4366). The grantee shall comply with all applicable federal, state
and local laws, rules and regulations.
B. ANTI-DISCRIMINATION: By accepting a grant award, project sponsors certify to the
Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as
amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where
applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and 9 2.2-4311
of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization,
the organization shall not discriminate against any recipient of goods, services, or disbursements
made pursuant to the grant on the basis of the recipient's religion, religious belief, refusal to
participate in a religious practice, or on the basis of race, age, color, gender or national origin and
shall be subject to the same rules as other organizations that contract with public bodies to account
for the use of the funds provided; however, if the faith-based organization segregates public funds
into separate accounts, only the accounts and programs funded with public funds shall be subject to
audit by the public body. (Code of Virginia, S 2.2-4343.1 E).
In every grant award over $10,000 the provisions in I. and 2. below apply:
1. During the performance of this grant, the grantee (contractor) agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment
because of race, rehgion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there is a
bona fide occupational qualification reasonably necessary to the nonnal operation of the
contractor. The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
E-I
b. The contractor, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, will state that such organization is an equal opportunity employer.
c. Notices, advertisements and sohcitations placed in accordance with tederal Jaw, rule or
regulation shall be deemed sufficient for the purpose of meeting these requirements.
2. The grantee will include the provisions of I. above in every subcontract or purchase order over
$10,000, so that the provisions will be binding upon each subcontractor or vendor.
C. AUDIT: The grantee shall retain all books, records, and other documents relative to this grant
agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia,
whichever is sooner. The agency, its authorized agents, and/or state auditors shall have full access to
and the right to examine any of said materials during said period.
D. A V AILABILITY OF FUNDS: It is understood and agreed between the parties herein that the
agency shall be bound hereunder only to the extent of the funds available or which may hereafter
become ava iIable for the purpose of this grant agreement.
E. AWARD OF GRANT: Selection shall be made of project sponsors deemed to be fully qualified and
best suited among those submitting proposals on the basis of the evaluation factors included in the
solicitation. Negotiations may be conducted with the project sponsors so selected, as deemed
necessary. f'rice shall be considered, but need not be the sole determining factor. The
Commonwealth may cancel solicitations or reject proposals at any time prior to an award, and is not
required to furnish a statement of the reasons why a particular proposal was not deemed to be the
most advantageous (Code oj Virginia, 9 2.2-4359D).
F. CHANGES TO GRANT AGREEMENT: Changes can be made to the grant agreement in the
following ways:
1. The parties may agree in writing to modify the scope of the grant agreement. An increase or
decrease in the price of the grant resulting from such modification shall be agreed to by the
parties as a part of their written agreement to modify the scope of the grant agreement.
2. The granting agency may order changes within the general scope of the grant agreement at any
time by written notice to the grantee. Changes within the scope of the grant agreement include,
but are n,)t limited to, things such as services to be performed and the place of delivery or
installation. The grantee shall comply with the notice upon receipt. The grantee shall notify the
granting Igency, in advance, if additional costs may be incurred as the result of such order and
shall give the granting agency a credit for any savings. Said compensation shall be determined
by mutual agreement between the parties in writing.
G. ETHICS IN PUBLIC CONTRACTING: By accepting a grant award, grantees certify that their
proposal was made without collusion or fraud and that they have not offered or received any
kickbacks or inducements from any other project sponsor, supplier, manufacturer or subcontractor in
connection with their proposal, and that they have not conferred on any public employee having
official responsibility for this procurement transaction any payment, loan, subscription, advance,
deposit of money, services or anything of more than nominal value, present or promIsed, unless
consideration of substantially equal or greater value was exchanged.
E-2
II I
H. MANDATORY USE OF STATE FORM AND TERJ"JS AND CONDITIONS: Failure to submit
a proposal on the official state application form and following proposal submission guidelines
provided for that purpose may be a cause forrejection of the proposal. Modification of or additions
to the Terms and Conditions of the solicitation may be cause for rejection of the proposal; however,
the Commonwealth reserves the right to decide, on a case-by-case basis, in its sole discretion,
whether to reject such a proposal.
1. NONDISCRIMINATION OF PROJECT SPONSOR: Project sponsors shall not be discriminated
against in the solicitation or award of grants under this program because of race, religion, color, sex,
national origin, age, disability, faith-based organizational status, any other basis prohibited by state
law relating to discrimination in employment.
J. PAYMENT: Any payment terms requiring payment in less than 30 days will be regarded as
requiring payment 30 days after invoice is submitted. [The Attachment B il1cluded with this
Agreement, completed and signed. services as the project invoice.] A grantee awarded a grant under
this program is hereby obligated: (1) To pay the subcontractor(s) within seven (7) days of the
grantee's receipt of payment from the Commonwealth for the proportionate share of the payment
received for work performed by the subcontractor(s) under the grant; or (2) To notify the agency and
the subcontractor(s), in writing, of the grantee's intention to withhold payment and the reason.
K. QUALIFICATIONS OF PROJECT SPONSORS: The Commonwealth may make such
reasonable investigations as deemed proper and necessary to determine the ability of the project
sponsor to perform the services and the project sponsor shall furnish to the Commonwealth all such
information and data for this purpose as may be requested. The Commonwealth further reserves the
right to reject any proposal if the evidence submitted by, or investigations of, such project sponsor
fails to satisfy the Commonwealth that such project sponsor is properly qualified to carry out the
obligations of the proposal and to provide the services and/or furnish the goods 'contemplated therein.
L. TESTING AND INSPECTION: The Commonwealth reserves the right to conduct any test /
inspection it may deem advisable to assure goods and services conform to specifications.
M. RENEWAL OF GRANT AGREEMENT: This grant agreement may be renewed by the
Commonwealth for successive funding periods u~der the terms and conditions of the original
agreement. Price increases may be negotiated only at the time of renewal. Written notice of the
Commonwealth's intention to renew shall be given approximately 90 days prior to the expiration
date of each agreement perlod.
N. SMALL. WOMEN, AND MINORITY-OWNED BUSINESSES SUBCONTRACTING:
Where it is practicable for any portion of the awarded grant to be subcontracted to other suppliers,
the contractor is encouraged to offer such business to smaIl, women, and/or minority-owned
(SW AM) businesses.
E-3
II I
I III
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM:
A Resolution to Set City Employee and Retiree Health Care Contribution
Rates for Plan Year 2009
MEETING DATE: July 8, 2008
. Background: On June 24, 2008, City Council adopted a resolution that
established a policy that all current employees and future retirees shall contribute to the
cost of their health care coverage. The resolution provides that, for plan year 2009,
current employees and employees who retire during calendar year 2009 shall pay a
premium of $25 per month for single subscriber coverage in the HMO plan. The
resolution also provides that other premiums shall be set by City Council, with a
recommendation from the City Manager based on the experience of the plan, the health
care fund balance, the City's annual contribution amount, and the remaining premium
cost.
. Considerations: The City Manager has proposed a rate schedule, which is
attached as Exhibit A. This schedule is based on the criteria set forth in the June 24,
2008 resolution. The City Manager's rationale for these recommended rates is set forth
in Exhibit B.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution, Exhibit A (Rate Schedule), Exhibit B (City Manager
Recommendation)
Recommended Action: Approval
Submitting Department/Agency: Benefits Executive Committee~
City Manager~ l.~
1 A RESOLUTION TO SET CITY EMPLOYEE AND
2 RETIREE HEALTH CARE CONTRIBUTION RATES
3 FOR PLAN YEAR 2009
4
5 WHEREAS, by resolution adopted on June 24, 2008, City Council established a
6 policy that all current employees and future retirees shall contribute to the cost of their
7 health care coverage.
8
9 WHEREAS, the resolution provides that for the 2009 plan year, current
10 employees and employees who retire during calendar year 2009 shall pay a premium of
11 $25 per month for single subscriber coverage in the HMO plan.
12
13 WHEREAS, the resolution also provides that other premiums shall also be set
14 by City Council, with a recommendation from the City Manager based on the experience
15 of the plan, the 11ealth care fund balance, the City's annual contribution amount, and the
16 remaining premium cost.
17
18 WHEREAS, the City Manager has proposed a rate schedule, attached hereto
19 as Exhibit A, which is based on the experience of the plan, the health care fund
20 balance, the City's annual contribution amount, and the remaining premium cost.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That City Council hereby adopts the rates set forth in Exhibit B for plan year
26 2009.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of
29 , 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~aAt-Z~~
Deputy City Manager
~~'S~
CA 10809 R-1 ,Iuly 1, 2008
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Exhibit B
City Mana!~er Recommendation
Health Care Rates for City Employees and Retirees
Plan Year 2009
(January 1 -, December 31,2009)
Health Care Rate Changes Adopted by City Council on June 24, 2008
· Recommended rates are based on the experience of the plan, the health
care fund balance, the City's annual contribution amount ($5,400), and the
remaining premium cost. Note: The City's contribution amount is
transferred from the Operating Budget to the Health Care Fund for
employees and eligible retirees who enroll in the health plan.
· Blended rate (active employees and retirees experience) for the HMO
single subscriber coverage ($25/month).
· No tier or plan is provided at $0 employee or retiree contribution.
· All spouse/dependent levels of coverage have been reviewed and some
adjustments are recommended.
Recommendation: Blended rates for HMO spouse/dependent levels of
coverage and all PPO and Basic PPO levels of coverage. Therefore, in 2009,
there would still be some implicit subsidy in spouse/dependent and retiree rates.
Recommendation: The retiree POS is open to all retirees and is the only option
available to Etmployees with less than 25 years of service who retire after June
24, 2008.
· For retirees with 25 or more years of service (5 or more years of service
with work related disability), the recommended subscriber only rate would
increase from $5.50 to $39.50 per month and other levels of coverage
would change from - 1.2% to 0%.
· For rE!tirees with less than 25 years of service, the recommended
increases range from -1.2% to 6%. There would still be an implicit subsidy
in 2009 POS rates. The recommendation is hold the increases, other than
for subscriber only, to a maximum of 6%. Otherwise some tiers would
increase beyond 6%, as much as 11.6%.
Based on 2009 experience, recommended rates for 2010 will address additional
adjustments needed.
II I
I i III
L.
PLANNING
1. RECONSIDERATION of the application for NIMMO CHILDCARE and RESOURCE
LEARNING CENTER, INC. re the Modification of Conditions (approved by City Council
on November 23, 1993, in behalf of Donald G. Pratt and denied May 6, 2008) at 2244
General Booth Boulevard DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
DEFER TO AUGUST 12,2008
2. Application of DA VE WILSON for the expansion of a Nonconforming Use at 109 53rd
Street re alterations and additions to an existing nonconforming garage apartment.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
DEFER TO AUGUST 12,2008
3. Application of WELDEN FIELD OF VIRGINIA, L.L.c. for a Change of Zoning from 1-1
Light Industrial District, R-5D Residential Duplex District and 0-2 Office District to
Conditional R-7.5 Residential District with a PD-H2 Overlay re developing single-family
dwellings and townhomes at Regent University Drive and Jake Sears Road.
DISTRICT 1 - CENTERVILLE
DEFERRED
RECOMMENDA nON
APRIL 22, 2008 and MAY 13,2008
DEFER TO AUGUST 12,2008
4. Application of JACK FERREBEE, ET AL for the closure of a portion of an unimproved
alley located between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer
Subdivision, re combining the alley with their adjoining lots.
DISTRICT 5 - L YNNHA VEN
RECOMMENDA nON
APPROVAL
5. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use
Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard.
DISTRICT 4 - BA YSIDE
DEFEERRED
RECOMMENDATION
JULY 8, 2008
APPROVAL
6. Application of LORETTA LANE, L.L.C. for a Conditional Use Permit, re bulk storage at
Loretta Lane and North Birdneck Road.
DISTRICT 6 - BEACH
RECOMMENDA nON
APPROVAL
7. Application of HUNT CLUB FARMS for a Conditional Use Permit re recreation facilities
of an outdoor nature at 2356-2400 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
APPROVAL
8. Applkation of VIRGINIA BEACH SCHOOL BOARD for a Change of Zoning District
Classification from AG-l and AG-2 Agricultural District to Conditional 1-2 Heavy
Industrial District at Harpers Road and Oceana Boulevard to develop the site for a school bus
maintenance facility.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
9. Applieation of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for
Modification of Conditions re a multi-structure parking garage (approved by City Council
on JWle 9, 1998) at 3100 Shore Drive.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
10. Ordinance AMENDING the City Zoning Ordinance (CZO) regulations pertaining to
communication towers and building-mounted antennas, including definitions, pre-
application and application requirements, locational, landscaping and other requirements as
well as Zoning Districts where permitted.
RECOMMENDA nON
APPROVAL
I I III
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center.
2401 Courthouse Dnve. Tuesday, July 8, 2008, at 6:00 p.m. The
following applications will be heard:
DISTRICT S . L YNNHAVEN
DAVE WILSON Application: Expansion of a Nonconformin'l Use at 109 53rd Street
(GPIN 2418896842
WESTMINSTER..cANTERBURY OF HAMPTON ROADS, INC. Application:
Modification of Conditions for a request approved by City Council on June 9. 1998 at
3100 Shore Drive (GPIN 1590004510). AICUZ is Less than 65.
JACK FERREBEE, et al Application: Discontinuance, closure and abandonment of a
portion of an alley located between 55th Street and 56th Street from Holly Avenue
east to Myrtle Avenue and adjacent to Lots A, B, C, 8. 16, 17, 18. 19, 20 and Part of
21, Block 10, Ubermeer.
I' DISTRICT 6 - BEACH .
LORETTA LANE, L.L.C. Application: ConditIonal Use Permit. for bulk storage at Lorettn
· Lane and North Birdneck Road (GPIN 2417454343). AICUZ is Greater than 75 and
APZ-1.
I
I .
SCHOOL BOARD, CITY OF VIRGINIA BEACH for a Chanlle of Zonine: Distnct
Classification from AG-l clnd AG-2 .~gricultural to Conditional 1-2 Heavy Industrial dt
Harpers Road and Ocean a Boulevard (GPIN 2405879659). The Comprehensive Plan
designates this site as being withm Strategic Growth Area 10. The purpose of this
rezoning is to develop a school bus depot. AICUZ is Greater than 75 and APZ 2.
DISTRICT 7 - PRINCESS ANNE
HUNT CLUB FARMS Application: COllditiQnal Use Permit for recreation facilities of an
outdoor nature at 2356-2400 London Bridge Road (GPINs 2405900607; -0218;
-812185; -914155).
CITY OF VIRGINIA BEACH
Ordinance amending City Zoning Ordinance regulations pertaining to communication
towers and building-mounted antennas, Including definitions, pre-application and
application requirements, loeational and landscaping and other requirements, and
loning districts where permitted.
All interested citizens are invited to attend.
Ruth Hodges Fraser. MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are on file and may
be examined in the Department of Planning or online at
http://www.vbj!oy.com/pe For inforrnation ealt 385-4621.
If you are physically disabled or visually Impaired and need assistance at thi!:
meeting. please call the CITY CLERK'S OFFICE at 385-4303.
Rr:acon June :22 & 29. 2008
18890577
"1,, III
PUBLIC. HEARING
The Virginia Beach City Council, at its Formal Session
July 8, 2008, Council Chamber, City Hall. 2401
Courthouse Drive. will RECONSIDER:
ORDINANCE UPON APPLICATION OF NIMMO
CHILDCARE and RESOURCE LEARNING CENTER,
INC. FOR THE MODIFICATION OF CONDITIONS
at 2244 General Booth Boulevard (GPIN
2414066572)
District 7 - Princess Anne (approved by City
Council on November 23, 1993, in behalf of Donald
G. Pratt and denied May 6, 2008).
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 22 & 29, 2008
18890433
- 33-
Item II-J.l.c.
PUBUC HEARING
ITEM' 37437
PLANNING
Attorney Chorl,!S SaUe; 192 Ballard Court, Phone: 490-3{J()(), represented the applicant
Upon motion by Councilnum Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordi1Ulnce "pOll applialtion of DON.ALD G. .AND S.ANDRA G. PRAT/' for a Conditional Change of
Zoning District Classification:
ORDINANCE UPON APPUCATION OF DONALD G. AND SANDRA G.
PRA1T FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CL4SSIFICATION Z011931401
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordi1Ulnce IIp01I application of Do1Ul1d G. de Sandra G. Pratt for a
Conditional Chonge of Zoning District ClJJssification from R-20
Residentilll District to 0-1 OfJice District on the east side of General
Booth Boulevard, 7605 feet north of Princess Anne Road. The proposed
zoning classification change to 0-1 is for office lJJnd lISe. The
Comprehensive Plan recommends lISe of this parcel for single-family
residenti41 at densities that are compatible with singk-family lISe in
accorclance with other Plan policies, Said parcel is located at 2244
General Booth Boulevard and contains 1 acre. PRINCESS ANNE
BOROUGH.
The foUowing condition sluJlI be required:
1. Agreement encompassing proffers sluJlI be recorded with the
Ckrk of the Circuit Court and is hereby made a part of the
record.
This Ordi_nee shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the COII1ICil of the City of Virginia Beach, Virginia, on the Twenty-third of November.
Nineteen H"ndrl'.d and Ninety-Three,
Voting: .10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K.
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
B. Obemdorf, Nancy K. Parker and Vice Mayor WiUiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Member:~ Absent:
James W. Brazier, Jr.
November 23, 1993
II I
. I i III
- 34 -
Item V-K.l.
PLANNING
ITEM # 57580
Attorney Morris Fine, 2191 Parks Avenue, Phone: 422-1678, represented Donald Pratt, the owner of
the property. This application satisfies a need within our City. The City needs day care centers. There
were 6400 infants born in the City in 2006 and only 1500 infant care centers. This is reflective of our
social changes, Today, the woman is an integral part of raising not only the child, but being a wage
earner to support the home. The children, therefore, require care. These centers are highly regulated
by Social Services. Outstanding individuals have been hired with Masters in Elementary Education,
and early Childhood Degrees. Revisions have been submitted. There will be 88 infants/toddles
maximum, 50 school age children, for a total of 138 children. These children will not all be in the facility
at one time. A graphic showing this traffic pattern for taking children in and picking up children. There
is an enlarged separate fenced play area for infants/ toddlers and school aged children by the rear
building. A document was provided, dated March 21, 2008, addressing management, staff, layout
of each building and what operations occur within each space, as well as emergency egress and
traffic patterns.
Upon motion by Council Lady Henley, seconded by Councilman Uhrin, City Council DENIED an
Ordinance upon application of NIMMO CHILDCARE and RESOURCE LEARNING CENTER, INC..
for the Modification of Conditions for a request approved by City Council on November 23, 1993
(Donald G. Pratt)
ORDINANCE UPON APPLICATION OF NIMMO CHILDCARE &
RESOURCE LEARNING CENTER, INC. FOR THE MODIFICATION
OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL
ON NOVEMBER 23, 1993 (DONALD G. PRATT
Ordinance upon application of Nimmo ChildCare & Resource Learning
Center, Inc. for the Modification of Conditions for a request approved by
City Council on November 23, 1993 (Donald G. Pratt). Property is
located at 2244 General Booth Boulevard (GPIN 2414066572).
DISTRICT 7 - PRINCESS ANNE.
Voting: 6-5
Council Members Voting Aye:
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Council Members Voting Nay:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
May 6, 2008
NIMMCI CHILDCARE
Map K-1I
Mo Not to Scale
! 0-1
T [I]
NlMMtJ PlntT.
(HCD)
Nimmo Church
Modification of Proffers
Relevant Information:
· Princ:ess Anne District
· Appl icant requests a Modification of Proffers to allow for the
oper,ation of a child care education center.
· Proffer #2 of the 2005 Rezoning of the site does not allow for child
care, and thus, the need for the modification.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0). Consent agenda
item.
· No OiPPosition present at hearing.
· City Council denied on May 6, 2008.
· On June 3, City Council voted to reconsider.
II I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: Reconsideration of the Application of Nimmo ChildCare & Resource
Learning Center, Inc. for the Modification of Conditions for a request approved by
City Council on November 23, 1993 (Donald G. Pratt). Property is located at 2244
General Booth Boulevard (GPIN 2414066572). DISTRICT 7 - PRINCESS ANNE.
MEETING DATE: July 8, 2008
. Background:
The applicant desires to operate a child care and child education center from the
existing structures on the site. The property was rezoned to 0-1 Office District in
1993. On November 22, 2005, the City Council approved a modification of the
proffers submitted with that rezoning. The current request is to modify Proffer 2 of
the 2005 rezoning to permit childcare facilities on the property. The existing
proffers permit only business offices; medical and dental offices and clinics and
laboratory; legal, engineering, architectural, and other professional offices;
accounting and bookkeeping offices; and florist retail uses. No other uses are
permitted.
On May 6, the City Council denied the request. On June 10, the City Council
voted to reconsider the application.
. Considerations:
Reconsideration of the application was advertised for July 8, the first available
City Council meeting that met legal advertising requirements. Due to scheduling
conflicts, however, involving City Council, a deferral of this item to City Council's
August 12 meeting is requested.
. Recommendations:
Defer reconsideration of this item to the August 12 City Council meeting.
. Attachments:
Location Map
Recommended Action: Deferral to August 12 meeting. v/
J .
,
Submitting Department/Agency: Planning Department / i . .
CIlyManage~ t ,~~
v
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6914
FROM:
LHslie L. Lilley ~
B. Kay WilSO~
DATE: June 25, 2008
OEPT: City Attorney
OEPT: City Attorney
TO:
RE: Conditional Zoning Application; Nimmo Childcare & Resource Learning
Cf~nter, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 8, 2008. I have reviewed the subject proffer agreement, dated
January 16, 2008 and have determined it to be legally sufficient and in proper legal form.
A copy of the a~,reement is attached.
Please fe!el free to call me if you have any questions or wish to discuss this matter
further.
BKW/bm
Enclosure
cc: Kathleen H~lssen
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This Document Prepared by:
Fine, Fine, Legum & McCracken, LLP
Title Insurance Not Provided for In this Transaction
THIS AGREEMENT made this /(, day of January, ::008 by and between DONALD
G. PRATT, Property Owner, herein referred to as Grantor, party of the first part; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the second part.
W I T N E ~ ~ E T H:
WHEREAS, Property Owner is the owner of certain parcels of property located in the
Princess Anne district of the City of Virginia Beach, more particularly described as follows:
See Exhibit "A"
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of t?e
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-20 to 0-1, having been previously rezoned by agreement
dated June 10, 1993 duly recorded on November 29, 1993, in Deed Book 3307, at page 417; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same time to recognize the etrects of change that will
GPIN No.2414-06-6572-0000
Page 1 of6
~owner's Initials
be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use
of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantor's rezoning application
gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and th~: need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
Grantee, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following dedaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
I. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "Preliminary layout Exhibit A General Booth Office Building", dated July 27,2005
prepared by Site lmprovement Associates, Inc., which has been exhibited to the Virginia Beach City
Page 2 of 6 ~wner's Initials
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Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. The use of the Property shall be limited to (a) business offices; (b) medical and dental
offices and clinics and laboratory; legal, engineering, architectural and other professional offices;
accounting and bookkeeping offices; (c) florist retail; and (d) educational, child day care facility,
before and after school care, children summ~r and non-school day programs; all in accordance with a
conditional zoning duly approved by the City Council of the City of Virginia Beach.
3. Access to the Property from General Booth Boulevard shall be in accordance with the
Deed of Easement and Agreement dated December 16, 1991, and recorded in the Office of the Clerk
of the Circuit Court of the City of Virginia Beach, in Deed Book 3055, at page 2018.
4. Lighting on the Property shall be directed inward and not toward surrounded property.
5. The existing residential structure shall be maintained and exterior improvements of any
structure located on the Property will be constructed and maintained in a manner aesthetically
compatible with adjoining residential uses and with Nimmo Church.
6. Provide privacy fencing along the southern property line adjacent to the residential
property .
7. The daycare and before/after school program drop-off and pick up shall be scheduled
in a manner to limit traffic entering the site to no more than 35 trips within anyone hour time frame.
A right turn lane is required if trips entering the site exceed 35 trips within anyone hour time frame.
8. Grantor will develop a scheduled drop-off at the facility commencing at 6:00 o'clock
a.m.
9. Grantor will internally develop a safe traffic program and educate the staff and parents
on the importance of the program for the safety of the children within their care as well as a safe
ingress and egress from the property.
10.
In the event of the sale of the day care and/or pro"rty;:'~r will disclose all
~wner's Initials
Page 3 of6
proffers and ap~lroved site plan conditions to any potential buyer, which disclosure shall be
acknowledged by the buyer in the purchase and sale agreement.
11. 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.
12. These Proffers supercede all previous Proffers with respect to the Property
described herein.
All refer~nces hereinabove to the 0-1 Zoning District and to the requirements and regulations
applicable theret'J refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City of Virginia 3each, Virginia, in force as of the date of approval of this agreement by City Council,
which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance evenlf the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circ:uit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a re~;olution adopted by the governing body of the Grantee, after a public hearing
before lbe Grantee which was advertised pursuant to lbe pro~
Page 4 of6
on 15.2-2204 of the
Owner's Initials
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Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(I) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Grantor and the Grantee.
Page 5 of (fj
Owner's Initials
WITNESS the following signatu s and seals:.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, 14" feI'K /J. Kt. (JtH't:. , a Notary Public in and for the City and State
aforesaid, do hereby certifY that Donald G. Pratt, whose name is signed to the foregoing
instrument dated the I (, day of January, 2008 did personally appear before me in my City and
State aforesaid and acknowledge the same before me.
GIVEN under my hand and seal this / today of January, 2008.
tl:i- (1.~
Notary Public
My commission expires: ~ ..7 V - 02.,/ ~
Registration No.: 0I1al./ ~~
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Page 6 of 6
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Exhibit "A"
ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia
Beach, Virginia, near Nimmo Church, numbered and designated as Lot A, upon that certain plat
entitled, "Subdivision of Property, Charles C. Hickman, et ux, D.B. 482, P. 21, M.B. 25 P. 70,
Princess Anne Borough, Virginia Beach, Virginia, Scale 1" = 1 00', September 24, 1971, W. B.
Gallup, Surveyor," said lot being of the size and dimension as shown on said plat, which is duly
of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 88, at Page 45, to which reference is hereby made for a more particular description for
the land herein conveyed.
Map L-4 _ G. Wilson. Jr.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Dave Wilson for the Expansion of a Nonconforming Use on property
located at 109 53rd Street (GPIN 2418896842). DISTRICT 5 - L YNNHAVEN.
MEETING DATE: July 8,2008
. Background:
The purpose of this request is to make alterations and additions to an existing
nonconforming garage apartment.
. Considerations:
The application must be deferred due to several outstanding issues that require
additional investigation.
. Recommendations:
A deferral of the application to the August 12, 2008 City Council meeting is
recommended.
. Attachments:
Location Map
Recommended Action: Deferral to the August 12, 2008 mee~ng.
Submitting Department/Agency: Planning Department ~
City Manager: ~ ~ t. ~ l>i>'L
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- 75 -
Item V-X. 7.
PLANNING
ITEM # 57551
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO
MAY 13, 2008, Ordinance upon application of WELDENFIELD OF VIRGINIA, L.L.C for a
Conditional Chanf!e of Zoning:
ORDINANCE UPON APPLICATION OF WELDENFIELD OF
VIRGINIA, L.L. C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT. R-5D
RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO
CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2
OVERLAY
Application of Welden field of Virginia, L.L.C. for a Chanf!e of Zoning
District Classification .from I-I Light Industrial District, R-5D
Residential Duplex District and 0-2 Office District to Conditional R-7.5
Residential District with a PD-H2 Overlay on property located at the
northwest intersection of Regent University Drive and Jake Sears Road
(GPINs 1455571149; part of 1455666408). DISTRICT 1 -
CENTERVILLE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood
. Council Members Voting Nay:
None
Council Members Abstaining:
Robert M Dyer
Council Members Absent:
Ron A. Villanueva
Councilman Dyer ABSTAINED on Item K. 7 (Weldenfield of Virginia, L.L. C.) as he is employed by the
(Regent University).
April 22, 2008
- 44-
Item V-K 7.
ITEM 57618
PLANNING
Attarney R. Edward Baurdon, Jr, Pembrake Office Park - Building One, 281 Independence Baulevard,
Phane: 499-8971, represented the applicant, and requested a date far deferral, nat INDEFINITE
DEFERRAL.
City Cauncil wishes to. receive and review the Malcalm Pirine Repart cancerningfuture landfills lacated
in the general facility af the large land halding (Blenheim)
Upan matian by Councilman Diezel, secanded by Vice Mayor Janes, City Council DEFERRED TO
JULY 8,2008, Ordinance upan application afWELDENFIELD OF VIRGINIA, L.L.Cfar a
Canditianal Chan~'e af Zaning
01W1NANCE UPON APPLICATION OF WELDENFIELD OF
VIRGINIA, L.L.c. FOR A CHANGE OF ZONING DISTRICT
ClASSIFICATION FROM 1-1 LIGHT INDUSTRIAL DISTRICT, R-5D
RESIDENTIAL DUPLEX DISTRICT AND 0-2 OFFICE DISTRICT TO
CONDITIONAL R-7.5 RESIDENTIAL DISTRICT WITH A PD-H2
OVERLAY
Applicatian of Weldenjield af Virginia, L.L. C. for a Chanfle af Zaninfl
District Classification fram 1-1 Light Industrial District, R-5D
Residential Duplex District and 0-2 Office District to. Conditianal R-7.5
Residential Distriet with a PD-H2 Overlay an praperty lacated at the
no.~thwest intersectian af Regent University Drive and Jake Sears Raad
(GPINs 1455571149; part of 1455666408). DISTRICT 1 -
CENTERVILLE
V ating: 10-0
Cauncil Members Vating Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayar Lauis R. Janes, Reba S. McClanan, Mayar Meyera E.
Oberndorf, Jahn E. Uhrin, Ran A. Villanueva, Rasemary Wilsan
and James L. Waad
Cauncil Members Vating Nay:
Nam
Cauncil Members Abstaining:
Rabert M Dyer
Council Members Absent:
Nane
Councilman Dyer ABSTAINED on Item K 7 (Weldenfield of Virginia, L.L. C) as he is employed by the
(Regent University).
May 13, 2008
WELDE~NFIELD OF VIRGINIA
Relevant Information:
. Applicant requests a deferral to August 12.
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: Application of Weldenfield of Virginia, L.L.C. for a Chanae of Zonina
District Classification from 1-1 Light Industrial District, R-5D Residential Duplex
District and 0-2 Office District to Conditional R-7.5 Residential District with a PD-
H2 Overlay on property located at the northwest intersection of Regent University
Drive and Jake Sears Road (GPINs 1455571149; part of 1455666408). DISTRICT 1
- CENTERVILLE
MEETING DATE: July 8,2008
. Background:
The applicant proposes to rezone the site, which is currently zoned 1-1 Light
Industrial, R-5D Residential, and 0-2 Office Districts, to Conditional R-7.5
Residential District with a PD-H2 Planned Development Overlay. The applicant
desires to develop the site with 69 single-family dwellings and 81 townhome-style
dwellings.
. Considerations:
On May 13, 2008, the City Council deferred this application to the July 8 meeting
to allow the City to receive a study pertaining to the landfill to the south of the
subject site and to determine the potential affects of possible expansion of that
landfill on the surrounding area, including, potentially, the subject site. City staff
has received the study, and City Council was briefed regarding the study on July
1,2008. To ensure that the City Council is knowledgeable of the study results
prior to acting on this application, the applicant has agreed to defer the
application to City Council's August 12, 2008 meeting.
. Recommendations:
Deferral to the August 12, 2008 meeting.
. Attachments:
Location Map
Recommended Action: Deferral to the August 12, 2008 meeting.
Submitting DepartmentlAgenc~: ,Planning Department
City Manager: ~ l. ~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that certain
unimproved alley known as "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT.
OR 0.087 ACRES)" as shown on that certain plat entitled "EXHIBIT OF PORTION OF
15' WAY TO BE CLOSED FOR LOTS 8,16,17,18,19,20 & PART OF 21, BLOCK 10,
UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF
LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, VIRGINIA"
DISTRICT 5 - L YNNHA VEN.
MEETING DATE: July 8, 2008
. Background:
Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne, Jr.; Ed Boice, III;
Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C.; and Jefferson
Investors, L.L.C. (collectively, the "Applicant"), request the City Council to close a
portion of an unimproved 15-foot wide alley behind their single-family dwellings
located in the 200 block of both 56th and 55th Streets between Holly Road to the
west and Myrtle Avenue to the east. The closed portions of the alley will be
combined with their adjoining lots.
. Considerations:
The entire length of the 15-foot wide alley in this block is not included in this
request. For several years the applicant attempted to get all of the owners
abutting the alley in this block to join together to close the entire alley. The
attempt was not successful. Thus, at this time, the owners of Lots 8, 17, 18, 19,
20 and portion of 21, A and B request the closure of the 15 foot alley and the
owners of Lots 16 and Lot C request the closure of the 7.5 feet of the alley
abutting their respective lots. The remaining 8 properties on this block are not
included with this request.
The Viewers have determined closure and abandonment of a portion of the
unimproved alley will not result in a public inconvenience; therefore, they
recommend closure of the alley.
The Planning Commission placed this item on the consent agenda because the
Viewers recommended approval and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
... ..(
Jack Ferrebee, et al
Page 2 of 2
1. The City Attorney's Office will make the final determination regarding
ownersl,ip of the underlying fee. The purchase price to be paid to the City shall
be determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. Preliminary comments from the Virginia Dominion Power indicate that they
have facilities in the area proposed for closure, and, as such, a final written
agreeml3nt granting Dominion Virginia Power an easement shall be submitted
and reviewed during final plat review.
4. The applicant shall verify that no other private utilities exist within the right-of-
way proposed for closure. If private utilities do exist, easements satisfactory to
the utility companies must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not approved
within one year of the City Council vote to close the right-of-way this approval
shall be considered null and void.
. Attachments:
Staff Review
Location Map
Disclosure Statement
Planning Commission Minutes
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmentlAgenCr Planning Department
City Manageh:::o K- ~Dt>i
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II sms. nOURDON.
. Am:RN & lM. P.c.
Ruth Hodges Fraser, City Clerk
June 25, 2008
Page 2
With best regards, I am
REBjr/arhm
cc: Brian Rowe. Weldenfield of Virginia, L.L.C.
Lowell W. Morse, Morse & Associates, Inc.
The Honorable Meyera Obemdorf
Councilman Harry Diezel
Councilman Ron Villanueva
Jack Whitney, Director, Department of Planning
Faith Christie, Department of Planning
ConditionaIRewne/Weldenfieldotvirginia/FenwyckForest/Fraser_Ltr6.25.o8
Very trulyy~rs,
...~/
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~]:dWard Bourdon, Jr.
UlIB SYI([S, DOURDON,
_AIImN &lM,P.C.
ATTORNEYS AND COUNSELORS AT LAW
TELEPHONE: 757-499-8971
FACSIMilE: 757-456-5445
June 25, 2008
JON M AHERN
R. EDWARD BOURDON. JR.
JAMES T. CROMWELL
L. STEVEN EMMERT
JACQUELINE A. FURST
DAVID S. HOLLAND
KIRK B. LEVY
O. JACKSON MOORE, JR.
JENNIFER D. ORAM-SMITH
HOWARD R. SYKES, JR.
PEMBROKE OFFICE PARK - BUlllJING ONE
281 INDEPENDENCE BOULEVARD
FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
Via Hand Delivery
Ruth Hodges Fraser, City Clerk
Office of thE! City Clerk
City Hall Building #1, Room 281
Municipal Center
Virginia Be2lch, Virginia 23456
Re: Application of Weldenfield of Virginia, L.L.C. for Change of Zoning District
Classification from I-I Industrial, R-SD Residential and 0-2 Office District to
Conditional PD-H2 with an underlying R-7.S; 46.2 Acres on the West side of
Regent University Drive, South of Midtowne Way, Centerville District, Virginia
Beach, Virginia - Scheduled for City Council consideration on Tuesday, July 8,
2008
Dear Ruth:
I am writing to advise that I will be out of town during the week of July 6-11
and will consequently need to request deferral of the above referenced application
until the City Council's August 12, 2008 council meeting and public hearing.
I have been in communication with Mr. Jack Whitney, Planning Director as
well as a number of Council members with respect to the application and all are
aware and supportive of the request for deferral.
The OIiginal deferral of this application was at the request of City staff so as to
permit receipt and review of a consultant's report dealing with potential City
utilization of nearby sites for landfill purposes. That r~port is now in the City's hands
and this additional deferral will provide more than adequate time for a thorough
review of that report in advance of the City Council's August 12, 2008 public hearing.
Also, please note that this application has not engendered any opposition
from nearby r,~sidents or communities.
Thank you again for your professionalism and courtesy.
II I
.
.
JACK FERREBEE,
ET. AL.
Agenda Item 12
June 11 J 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Abandonment and closure of a portion of a 15
foot right-of-way between 55th Street and 56th
Street, lots A, B, C, 8,16,17,18,19,20 and
part of 21, Block 10, Ubermeer
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ADDRESS I DESCRIPTION: An undeveloped, 15 foot wide alley between Holly Road and Myrtle Avenue
behind properties located in the 200 block of 55th and 56th Streets.
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
3,795 square feet
SUMMARY OF REQUEST
The applicant requests to close a portion of a 15-foot wide
alley behind single-family dwellings located in the 200 block of both 56th and 55th Streets between Holly
Road to the west and Myrtle Avenue to the east. The entire 15-foot wide alley in this location is not
included in this request. The applicant has worked for several years to put together the various pieces
behind these lots in an attempt to close the entire alley. Those attempts, however, have not met total
success. Thus, at this time, the closure of the 15-foot alley is requested for Lots 8, 17. 18, 19, 20, a
portion of 21, A, and B. Only 7.5 feet behind Lot 16 is requested for closure and 7.5 feet behind a portion
of Lot C is requested. The remaining 8 properties on this block are not included with this request.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant right-of-way
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Single-family dwellings, duplex units I R-5R Residential District
. Single-family dwellings, duplex units I R-5R Residential District
. Single-family dwellings / R-5R Residential District
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 1
West:
· Single-family dwellings / R-5R Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The property is located within the Chesapeake Bay watershed. The
majority of the site consists of grass and trees, and there do not appear
to be any significant environmental or cultural features on the site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
WATER & SEWER: There are no public water or sewer lines in this right-of-way.
PRIVATE UTILITIES:
Due to electrical facilities in the area, Virginia Dominion Power has objections to the street closure. This
objection may be removed upon receipt of a written agreement to grant Dominion an easement.
Virginia Nalural Gas has no objections.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area.
The land use planning policies and principles for the Primary Residential Area focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods located in this area.
Evaluation:
The Viewer:; have determined closure and abandonment of a portion of the alley will not result in a public
inconvenierce; therefore, they recommend closure of the right-of-way.
The proposed street closure is recommended for approval with the conditions below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Pun;hase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 2
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of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate intemallot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area
proposed for closure, and, as such, a final written agreement granting Dominion Virginia Power an
easement shall be submitted and reviewed during final plat review.
4. The applicant shall verify that no other private utilities exist within the right-of-way proposed for
closure. If private utilities do exist, easements satisfactory to the utility companies must be provided,
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
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.
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 3
---~~=_ MERI[)MN ,~
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~ 2419-70-9207-0000
(D.B. 29!lO, P. 131l4) (II.B. 7, P. 150)
S 08'56'00. E 140.00' a.A.
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S 08'56'00. E 140.00' (O.A.)
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N 08'56'00. W 135.00' (O.A.)
LOT 13
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CURRAN JOSEPH f JR
2419-70-9207-??oo
(D.a 658, P. 520) (M.B. 7, P. 150)
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SURVEY OF AREA TO BE CLOSED
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 5
II I
I ,II
Map L-4 Jack Ferrebee et al
M"D Not to Seol.. '!
"~~~\(~\~~\~~~~\~\\W " \ ~
~\(\~:l\~@~ ~ ~no~ ~ f\~~~Llo. ~
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Street Closure
1 04/23/02 Expansion of NONCONFORMING USE Granted
2 02/12/02 Expansion of NONCONFORMING USE Granted
3 08/14/01 Expansion of NONCONFORMING USE Granted
4 09/10/96 CUP (wireless communication facility) Granted
01/23/96 CUP (wireless communication facility) Granted
11/08/94 CUP (wireless communication tower) Granted
ZONING HISTORY
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 6
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DISCLOSURE STATEMENT
APPUCANTD~CLOSURE
If the applicant is a corporation. partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members. trustees,
partners, etc. below: (Attach list if necessary) 'TWo applicants are LU:s.
TGF, LC: Jack Fine, 1202 Lochlrnond Ct., Richrrond, Virginia 23221: tel:
804-762-7014. Jefferson Investors, I...I.C: Catherine Bosher, P.O. Box 655,
Virginia Beach, Virginid 23451: tel: 42B-132J
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach fist if necessary)
None
gs Check here if the applicant is NOT a corporation. partnership, firm, business, or
other unincorporated organization. With respect to all other applicants.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. list the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach fist if necessary)
N/h
2. List all businesses that have a parent-subsidiary' or affiliated business entitl
relationship with the applicant (Attach list if necessary)
N/A
Kl Check here if the property owner is NOT a corporation, partnership, firm,
business. or other unincorporated organization.
1 & 2 See nel\\ page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _"__ No ~
If yes, what is the name of the official or employee and the nature of their interest?
Street Closure A;>pl':i1licr>
P(lVe 1': or 1J
Revised 11,'llllJt
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 7
II I
II DISCLOSURE STATEMENT
11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use. including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
None
1 .Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and local Government Conflict of Interests Act, Va.
Code 9 2.2-3101.
~ "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
Interest in the other business entity. (ii) a controlling owner in one entity is also a controlling
owner in the other entity. or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities: there are common or commingled funds or assets: the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and local Government Conflict of Interesls Act, Va. Code ~
22-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for Obtaining and posting the required sign on the subject properly at
least 30 days prior to the scheduled public hearing according to the instructions In this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
~
A plicant's S goalure
~J: 1~4.XY~~I{'fe-6e~
Print Name
Property Owner's Signature (if dlfferefltthan applicant)
Print Name
Slm-e1 Closure Applll:JtIOr.
Pag~ 13 or 13
R..:'..iSed 7111.'20C6
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JACK FERREBEE, ET. AL
Agenda Item 12
Page 8
IIDISCLOSU1JSTATEMENT
"J
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
servic3s: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corpomtion directly or indirectly owns shares possessing more than 50 percent of the vollng
power "f another corporation_" See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relalionship~ means "a relationship, other than parent-
subsidi,~ry relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner i 1 the other entity, or (Iii) there is shared management or control between the business
entities Factors that should be considered in determining the existence of an affiliated
busine~ s entity relationship include that the same person Of substantially the same person
own or manage the two entities: there are common or commingled funds or assets; the'
business entities share the use of the same offices or employees or otherwise share actiVities,
resources or personnel on a regular basis: or there is otherwise a close working relationship
between the enllties: See Slate and Local Government Conflict of Interests Act. Va. Code S
2 2-3101
CERTIFICATION: I certify that the information contained herein is true and accurate,
I understand thaI, upon receipt of notification (postcard) that the application has been scheduled for
public hEaring, J am responsible fer obtaining and pOSlll1g ti,e required sign on the subject property at
least 30.Jay, prior to fr'B sdledu!ed public hearing according to the Instrucllons in this package. The
undersig 1ed also consents to entry upon the sut>jcct property by emplo~s 01 the Department of
Planning to photograph and view the site for purposes of proceSSing and evaluating this applir.ation.
~r&..r: L C.) 1/t., j
h.:.-,~ (/-f.,ft i,(lL-tk I~, P)~'11
A1Splic1jn's Signature V 1#-r~ 6/;,..t(}4/J./
I "
V
PropertyClwner's SIgnature (Ii differenlthan applicant)
-(6~ Ld
I.h'_::..JM.?o_~_f~~.t..1 P,,,,,?
Print Name
Print N<lme
-~rf"':i CIr,StHt t~ap.h:aliun
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 9
II I
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services. real estate services, financial services, accounting services. and legal
services: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subSidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity. (il) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets: the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis: or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests ACI. Va. Code S
2 ;>-3101
CERTIFICATION: I certify thatlhe information contained herein is true and accurate.
I understand that. upon receipt of notification (postcard) thai the application has been scheduled for
public hearing. I am responsible for obtaining and posting Ihe required sign on Ihe subject property al
least 30 days prior to the scheduled pubhc hearing accordIng to the instructions in this package The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
(j e.rr~ ........7U,-1
.~+.f
Applicant's Signature
.rJ-V~{7~
h:;t..Uv-- -'
/"/..c.
C/'!JJAh?L E fbs~
Print Name
Property Owner's Signature (if different than applicantj
Print Name
Street CIOS,;rE Appli.:atH:;n
Pag~ 13 0113
RP.'MEd 7; 11.7006
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 10
II DISCLOSURE STATEMENT
II
ADDITIONAL DISCLOSURES
List all kncwn contractors or businesses that have or will provide services with respect
to the reqLested property use, including but not limited to the providers of architectural
services, n~al estate services, financial services, accoonting services. and legal
services: (Attach list if necessary)
1 "Pc rent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of anl,ther corporation." See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-:3101.
} "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary rf!lationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity. (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business enlity relationship include that the same person or substantially the same person
own or manClge the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code S
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand 1I1St. upon receipt of notification (postcard) that the application has been scheduled for
public hearing I am responsible for obl(lining and posting the required sign on the subject properly at
least 30 days prior to the scheduled public hearing according to the instructions in this package. lhe
undersigned also consents 10 entry upon the subject property by employees of the Department of
Planning 10 photograph and view the site for purposes of processing and evaluating this application.
~c~J1 (II (Q
Applicant s Sl~ nature
ES~\mJ? 0 \ C e-
Property Own~'r's Signature (If differenllhan applicant)
Print Name
Strom CiOSllrc- ,.\pplicJtion
PH~Je 13 of 13
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 11
II I
II DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but nollimited to the providers of architectural
services. real estate services, financial services. accounting services. and legal
services: (Attach list if necessary)
I "Parent-subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code ~ 22-3101.
2 "Affiliated business entity relationship" means "a relationship. other than parent"
subsidiary relationship. that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities: there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activilies.
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that. upon receipt of notificalion (postcard)thallhe application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on Ihe subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
underSIgned also consents to entry upon the subject property by employees of the Department of
Planning 10 pholograph and view the site for purposes of processing and evaluating this application.
~/J~N ,-;!JZ;Ck:,.;''t- -'i/U--J4C
Applicanr;kignature /
/" c/
/
prop;ity Owner's Signature (if different th;;m applicant)
I'~!_, I / }' ." _ ~~- ___I) .~ _,'
_../<.--/101 ".c_c-F_'< /1.Lf__',:'<'-
Print Ni:lJtl~ /---
Print Name
Sfrt~~(.~ Cln~:llr(! ,L\ppltca~ll]n
Pa;J~1301iJ
He'""ec 7:'11,20')0
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 12
~ DISCLOSURE STATEMENT
II
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the req uested property use, including but not limited to the providers of architectural
services, real estate services, financial services. accounting services, and legal
services: (Attach list if necessary)
1 .Parent-subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code ~ 2.~:.31 01.
2 ")l.ffiliated business entity relationship' means"s relationship, other than parent-
subsidiary relationship. that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner In one entity is also a controlling
owner in tn e other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considt;tred in detennining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 day; prior to the scheduled public hearing according to the Instructions in this package. The
undersigned also consents to entry upon the SUbject property by employees of the Department 01
P.2?ning to photogr~ph and view ~ site for purposes of processing and evaluating this application.
ce.'11~fJ.-~ (}.., +-b~ EL/Z-FJ8E!TJ./ e..I-~p
~... ~U~~ lJo~t'i F-, ftJWta,
Ap icant's ~.ignature Print Name
Property Owner's Signature (if different than applicant)
Pllnt Name
Stmsl Closure Apl,lication
Page 13 of 13
Re,;j$~ 7/1112001;
.-,,~.~'~ r."'~"""", "'''''",-V'':,''1<~''n'~k.~''.'''''A,:'~''''"~'&~~~r,",W':::&'.'.,;,~b,.,,,}h2:R.~?K.tT,d~gwt1ffJtat!~Ki1t'ii
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 13
II I
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
I "Parent-subsidiary relationship' means "a relationship that exists when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the voting
power of another corporation: See State and Local Government Conflict of Interests Act, Va.
Code 9 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship. other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling
owner in the other entity. or (iIi) there is shared management or control between the business
entities, Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICA nON: I certify that the information contained herein is true and accurate.
I understand thaI. upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Departmenl of
Planning to photograph and view the site for purposes of processing and evaluating this application.
~~~ ,0..-
licant's Signature ~ V
~"O,;\A-,/ WYM~,5r
Print Name
Property Owner's Signature (if diHerentthan applicant)
Print Name
Streol Closure Application
Page 13 of 13
Re,;sw 7tl1f2006
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JACK FERREBEE, ET. AL.
Agenda Item 12
Page 14
ADDENDUM A TO STREET CLOSURE APPLICATION
John Oliver Wynne, Jr.
2'~9 55th Street
Virginia Beach, Virginia 23451
Edmund Boice, III
21 J 55th Street
Virginia Beach, Virginia 23451
757.491.0903
Betty Russo
213 55th Street
Virginia Beach, Virginia 23451
7:;7-437-2550
Ja.ck E. Ferrebee and Mary B. Ferrebee
215B 55th Street
Virginia Beach, Virginia 23451
7S7-425-1S39
John Power and Elizabeth Power
2] 7 55th Street
Virginia Beach, Virginia 23451
757-428-8631
Jefferson Investors, LLC
2]4 A&B
216 C&D
218 E&F
56th Street
Virginia Beach, Virginia 23451
7~7-428-J321
Fax: 757-491-7448
Ernail: blackbirdswinuv.iuno.com
TGF, LC
210 56th Street
Virginia Beach, Virginia 23451
804-762-70 ]4
DISCLOSURE STATEMENT
JACK FERREBEE, ET. AL.
Agenda Item 12
Page 15
I ill
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Item #12
Jack Ferrebee, et al
Discontinuance, closure and abandonment of an alley
Located between 55th Street and 56th Street from Holly
A venue east to Myrtle A venue and adjacent to Lots
A, B, C, 8,16,17,18,18,20 and Part of2]
Block 10, Ubermeer
District 5
Lynnhaven
June 11, 2008
CONSENT
Joseph Strange: The next item is item 12. An application of Jack Ferrebee for the
discontinuance, closure, and abandonment of a portion of an alley located between 55th Street
and 56th Street from Holly Avenue east to Myrtle A venue and adjacent to Lots A, B, C, 8, 16,
17, 18, 19,20, and Part of21, Block 10, Ubermeer, District 5, Lynnhaven, with five
conditions.
Janice Anderson: Welcome Mr. Tarkington.
Jeffrey Tarkington: Thank you ma'am. Madame Chairman and members ofthe
Commission, we also appreciate being placed on the consent agenda. We've reviewed the
conditions. All ofthem seem reasonable and are acceptable. We have had two comments
from the surrounding land owners, both of whom want to make certain that the alley was not
to be improved as a thoroughfare. They now have no opposition. We've already contacted
Virginia Power regarding one of the conditions that was recommended.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked Phil Russo to review this item.
Philip Russo: This is a request for the abandonment and closure of a portion of a 15- foot
wide alley between 55th Street and 56th Street in the Lynnhaven District. This is an
undeveloped IS-foot wide all~ between Holly Road and Myrtle Avenue. The property is
located in the 200 block of 55 and 56th Streets. The applicant requests to close a portion of
the 15 foot wide alley behind the single-family dwellings located in that block, which is
between Holly Road to the west and Myrtle Avenue to the east. The entire 15-foot wide
alley and the location is not included in the request. The property is located within the
Chesapeake Bay Watershed, and a majority of the site consists of grass and trees. There does
not appear to be any significant environmental features on the site. Staff recommends
approval of this request, and therefore, we have placed this item on the consent agenda.
Joseph Strange: Thank you Phil. Chairman, I have a motion to approve agenda item 12.
Janice Anderson: Is there a second? We have a second by Kathy Katsias.
'..
..
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 12 for consent.
II I
.1111
..
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 UNIMPROVED ALLEY KNOWN AS "PORTION OF
4 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087
5 ACRES)" AS SHOWN ON THAT CERTAIN PLAT
6 ENTITLED "EXHIBIT OF PORTION OF 15' WAY TO
7 BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 &
8 PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG.
9 150) AND LOTS A, B, & C, BLOCK 10,
10 RESUBDIVISION OF LOTS 9, 10, 11, & 12,
11 UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH,
12 VIRGINIA"
13
14 WHEREAS, Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne,
15 Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C. and
16 Jefferson Investors, L.L.C. (collectively the "Applicant") applied to the Council of the City
17 of Virginia Beach, Virginia, to have the hereinafter described street discontinued,
18 closed, and vacated; and
19
20 WHEREAS, it is the judgment of the Council that said street be
21 discontinued, closed, and vacated, subject to certain conditions having been met on or
22 before one (1) year from City Council's adoption of this Ordinance;
23
24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
25 Virginia Beach, Virginia:
26
27 SECTION I
28
29 That the hereinafter described street be discontinued, closed and vacated,
30 subject to certain conditions being met on or before one (1) year from City Council's
31 adoption of this ordinance:
32 .
33 All that certain piece or parcel of land situate, lying and being
34 in the City of Virginia Beach, Virginia, designated and
35 described as "PORTION OF 15' WAY TO BE CLOSED
36 (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain
37 plat entitled: "EXHIBIT OF PORTION OF 15' WAY TO BE
38 CLOSED FOR LOTS 8, 16, 17, 18, 19,20 & PART OF 21,
39 BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B,
40 & C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11, &
41 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH,
42
43 GPIN: 2419-70-8246-0000, 2419-70-8205-0000, 2419-70-7253-0000, 2419-70-7202-
44 0002,2419-70-6261,2419-70-7369, 2419-70-7317, 2419-70-6355, 2419-70-5373
1
"'"
45 VIRGINIA" Scale: 1 "=40', dated January 28, 2008, prepared
46 by Landscape Architecture Land Surveying Civil
47 Engineering, a copy of which is attached hereto as Exhibit A.
48
49 SECTION II
50
51 The following conditions must be met on or before one (1) year from City
52 Council's adoption of this ordinance:
53
54 1. The City Attorney's Office will make the final determination regarding
55 ownership of the underlying fee. The purchase price to be paid to the City shall be
56 determined according to the "Policy Regarding Purchase of City's Interest in Streets
57 Pursuant to Street Closures," approved by City Council. Copies of said policy are
58 available in the Planning Department.
59
60 2. The applicant shall resubdivide the property and vacate internal lot
61 lines to incorporate the closed area into the adjoining parcels. The plat must be
62 submitted and approved for recordation prior to final street closure approval.
63
64 3, Preliminary comments from the Virginia Dominion Power indicate that
65 they have facili'ties in the area proposed for closure, and, as such, a final written
66 agreement granting Dominion Virginia Power an easement shall be submitted and
67 reviewed durin~} final plat review.
68
69 4. The applicant shall verify that no private utilities exist within the right-of-
70 way proposed for closure. Preliminary comments from the utility companies indicate
71 that there are no private utilities within the right-of-way proposed for closure. If private
72 utilities do exist, the applicant shall provide easements satisfactory to the utility
73 companies.
74
75 5. Closure of the right-ot-way shall be contingent upon compliance with
76 the above stated conditions within one (1) year ot approval by City Council. It all
77 conditions noted above are not in compliance and the final plat is not approved within
78 one (1) year of the City Council vote to close the street, this approval will be considered
79 null and void.
80
81 SECTION III
82
83 1. If the preceding conditions are not fulfilled on or before July 7,
84 2009, this Ordinance will be deemed null and void without further action by the City
85 Council.
86
87 2. If all conditions are met on or before July 7, 2009, the date of final
88 closure is the date the street closure ordinance is recorded by the City Attorney.
2
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89 3. In the event the City of Virginia Beach has any interest in the
90 underlying fee, the City Manager or his designee is authorized to execute whatever
91 documents, if any, that may be requested to convey such interest, provided said
92 documents are approved by the City Attorney's Office.
93
94 SECTION IV
95
96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
98 OF VIRGINIA BEACH as "Grantor" and JACK E. FERREBEE AND MARY B.
99 FERREBEE; JOHN OLIVER WYNNE, JR.; ED BOICE, III; BETTY RUSSO; JOHN F.
100 POWER AND ELIZABETH C. POWER; TGF, L.C. and JEFFERSON INVESTORS,
101 L.L.C. as "Grantee."
102 Adopted by the Council of the City of Virginia Beach, Virginia, on this
103 day of , 2008.
CA-10572
V:\applications\citylawprod\cycom32\Wpdocs\D024\P003\00060757 .DOC
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June 24, 2008
3
APPROVED AS TO LEGAL
SUFFICIENCY:
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- 45 -
Item V-K.4.
ITEM 57771
PLANNING
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of July 8,2008, Ordinance upon application of CHECKERED FLAG MOTOR
CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service:
ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR
CAR Co., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR
VEHICLE SALES AND SERVICE
Ordinance upon application of CHECKERED FLAG MOTOR CAR Co.,
INC. for a Conditional Use Permit for motor vehicle sales and service on
property located at 5070 Virginia Beach Boulevard (GPIN 1467960131).
DISTRICT 4 - BAYSIDE
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
June 24,2008
CHECM:ERED FLAG
CUP - Motor Vehicle Sales & Service
Relevant Information:
· Bayside District
. The Cllpplicant requests a Conditional Use Permit to allow use of the
site fl)r motor vehicle sales and service.
. The (lnly modification proposed to the building is the installation of a
servil::e door on the northern end of the building.
. Site I,ayout will remain as it is; however, a condition has been added
to thE! Use Permit requiring the removal of a number of concrete
pads which are located adjacent to Virginia Beach Boulevard (have
been used by the adjacent car dealer to display vehicles).
Evaluation and Recommendation:
· Plann ing Staff recommended approval
. Planning Commission recommends approval (9-0)
· There was no opposition.
I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit
for motor vehicle sales and service on property located at 5070 Virginia Beach
Boulevard (GPIN 1467960131). DISTRICT 4 - BAYSIDE.
MEETING DATE: July 8, 2008
. Background:
The applicant requests a Conditional Use Permit to allow use of the site for motor
vehicle sales and service. The site was originally developed as a more intense
retail use, a sporting goods store. The site was most recently occupied by a
furniture store. An automotive repair business exists to the north of the site, and
a motor vehicle sales business is located to the east.
The City Council deferred this item on June 24 at the request of the applicant.
The Comprehensive Plan designates this site as being within the Primary
Residential Area. The Plan recognizes the primacy of preserving and protecting
the overall character, economic value and aesthetic quality of the stable
neighborhoods in the Primary Residential Area. Limited commercial or
institutional activities providing desired goods or services to residential
neighborhoods may be considered acceptable uses on the edge of established
neighborhoods provided effective measures are taken to ensure compatibility
and non-proliferation of such activities.
. Considerations:
The submitted site plan depicts the existing 50,902 square foot building situated
97 feet from Virginia Beach Boulevard, 159 feet from North Witchduck Road, 30
feet from the residential neighborhood to the east, and 161 feet from the
automotive repair establishments to the north. Two-hundred fifty-nine (259)
parking spaces, as well as landscaping and the stormwater management facility
are also depicted on the plan. Entrances to the site are located both on Virginia
Beach Boulevard and North Witchduck Road. The only change proposed to the
building is the installation of a service door at the northern end of the structure.
Existing vehicular entrances are located on Virginia Beach Boulevard and North
Witchduck Road; mature landscaping is located along the perimeter of the site
and within the parking areas. The only modification proposed to the building is
the installation of a service door on the northern end of the building.
Checkered Flag Motor Car Company, Inc.
Page 2 of 3
The Planning Commission placed this item on the consent agenda because they
felt that the proposal is an appropriate reuse for the vacant building, the
proposE,d use is compatible to the surrounding uses in the area, and there was
no opposition to the request.
. Recommendations:
The Pia nning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. The parking lot shall be striped as depicted on the submitted concept site plan
of "5070 WITCH DUCK ROAD, City of Virginia Beach, VIRGINIA", dated
3/28/08, prepared by LandMark Design Group. Said plan has been exhibited
to th13 Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
2. VehiGles shall be parked within the delineated parking spaces, and no
vehicles shall be parked within any portion of the public right-of-way. Vehicles
shall not be displayed on raised platforms.
3. The landscaping shall be supplemented along Virginia Beach Boulevard and
North Witchduck Road. The applicant shall request an inspection of the
landscaping by Planning staff before a business license is issued to operate
on the site.
4. A Lighting Plan andlor Photometric Diagram Plan shall be submitted during
detai led site plan review. Said plan shall include the location of all pole
mounted and building mounted lighting fixtures, and the listing of lamp type,
wattage, and type of fixture. Lighting shall overlap and be uniform throughout
the parking area. All lighting on the site shall be consistent with those
stanclards recommended by the Illumination Engineering Society of North
America. The plan shall include provisions for implementing low-level security
lighting for non-business hours.
5. Them shall be no pennants, streamers, balloons, portable signs, or banners
displayed on the site or the vehicles.
6. The ~;ite shall be permitted a monument style freestanding sign, no more than
eight (8) feet in height. There shall be no neon signs or neon accents installed
on ar;y wall area of the exterior of the building, windows, and lor doors, light
poles, or any other portion of the site. There shall be no signs in excess of
four (4) square feet installed or displayed on the exterior or interior of the
windows of the building.
7. No outdoor speakers or public address system shall be permitted.
I I
I ,II
Checkered Flag Motor Car Company, Inc.
Page 3 of 3
8. All concrete, asphalt, and / or pavers that have been installed on the
southeast portion of the site adjacent to (or within) the Virginia Beach
Boulevard right-of-way and the used car dealership to the east shall be
removed. This area shall be landscaped and the portion of the stormwater
management facility depicted on the submitted site plan shall be re-installed.
The applicant shall not permit use of this area for any motor vehicle sales,
display or storage. This condition shall be met within 45 days of City Council
approval and before a business license is issued to operate on the site.
9. All containers shall be removed from the site.
10. The applicant shall determine and provide written field verification of the as-
built condition and functionality of the existing stormwater drainage
infrastructure on site, and shall provide to the City Department of Planning /
Development Services Center evidence of stormwater drainage rights into
Witchduck Lake.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department /\ ~
City Manager: K ~~ ~
CHEC:KERED FLAG
MOTC)R CAR
COMFtANY, INC.
Agenda Item 1 0
May 14, 2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional UBe Permit for Motor Vehicle
Sales and Service
ADDRESS I DESCRIPTION: Property located at 5070 Virginia Beach Boulevard (northeast intersection of
Virginia Beach Boulevard and Witchduck Road)
GPIN:
14679601310000
COUNCIL ELECTION DISTRICT:
4 - BA YSIDE
SITE SIZE:
5.15677 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow use
of the site for motor vehicle sales and service. The submitted
site plan depicts the existing 50,902 square foot building situated 97 feet from Virginia Beach Boulevard,
159 feet from North Witchduck Road, 30 feet from the residential neighborhood to the east, and 161 feet
from the automotive repair establishments to the north. Two-hundred fifty-nine (259) parking spaces, as
well as landscaping and the stormwater management facility are also depicted on the plan. Entrances to
the site are located both on Virginia Beach Boulevard and North Witchduck Road. The only change
proposed to the building is the installation of a service door at the northern end of the structure.
LAND USE AND ZONING INFORMATION
EXISTING LAI"D USE: Vacant commercial building (former furniture store), associated parking, and
landscaping
SURROUNDING LAND North: .
USE AND ZONING: South: .
.
East: .
West: .
.
Automotive Repair / B-2 Community Business District
Virginia Beach Boulevard
Across Virginia Beach Boulevard, Motor Vehicle Sales / B-2
Community Business District
Single-family dwellings I R-7.5 Residential District
Witchduck Road
Across Witchduck Road. retail store and automotive repair / B-2
CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 1
Ii I
I II
Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is developed with a commercial building, parking areas, and
landscaping. There are no significant natural resources or cultural
features associated with the site.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard in front of this site is an eight-lane divided major urban arterial. The Master
Transportation Plan (MTP) designates a divided facility within the existing 150-foot right-of-way section.
North Witchduck Road in front of the site is a four-lane divided minor urban arterial. The MTP proposes
a divided facility with a bikeway within a 100-foot wide right-of-way section.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 40,288 ADT 1 56,240 ADT Existing Land Use L -
Blvd 258 ADT
Proposed Land Use 3 -
North Witchduck 19,206 ADT 22,800 ADT 1,697 ADT
Road
Average Dally Tnps
2 as defined by a furniture store (6 AM peak /11 PM peak)
3 as defined by motor vehicle sales and service (77 AM peak / 52 PM peak)
WATER and SEWER: This site is connected to City water and sewer.
STORMWATER MANAGEMENT: The applicant should be aware that this site falls within the Witchduck Lake
storm water management area. This particular site is one of four that are the subject of active litigation between
the City and Witchduck Lake Enterprises, Inc. The applicant must determine and provide written field
verification of the as-built condition and functionality of the existing storm water drainage infrastructure on site.
The applicant shall also contact Mr. Dallas Norman of Witchduck Lake Enterprises, Inc. ("WLE"), which asserts
drainage rights in the lake, to determine whether and to what extent WLE contends the applicant's drainage
rights are insufficient.
SCHOOLS: School populations are not affected by the request.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 2
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the Primary Residential Area. The Plan
recognizes th'3 primacy of preserving and protecting the overall character, economic value and aesthetic
quality of the:;table neighborhoods in the Primary Residential Area. Limited commercial or institutional
activities providing desired goods or services to residential neighborhoods may be considered acceptable
uses on the edge of established neighborhoods provided effective measures are taken to ensure
compatibility and non-proliferation of such activities.
Evaluation:
Staff finds the request for motor vehicle sales and service is acceptable and compatible with surrounding
uses subject to the conditions listed below. The site was originally developed as a more intense retail use,
a sporting goods store. The site was most recently occupied by a furniture store. Automotive repair exists
to the north of the site. Existing vehicular entrances are located on Virginia Beach Boulevard and North
Witchduck Road; mature landscaping is located along the perimeter of the site and within the parking
areas. The only modification proposed to the building is the installation of a service door on the northern
end of the building. As noted above in the storm water management section, the applicant will have to
address the fcd that this site falls within the Witchduck Lake stormwater management area and is one of
four sites that are the subject of active litigation between the City and Witchduck Lake Enterprises, Inc.
The applicant will have to work with Witchduck Lake Enterprises and the City to determine and provide
written field vE!rification of the as-built condition of the existing storm water management system and
functionality.
CONDITIONS
1. The parking lot shall be striped as depicted on the submitted concept site plan of "5070 WITCHDUCK
ROAD, City of Virginia Beach, VIRGINIA", dated 3/28/08, prepared by LandMark Design Group. Said
plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
2. Vehicles shall be parked within the delineated parking spaces, and no vehicles shall be parked within
any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms.
3. The landscaping shall be supplemented along Virginia Beach Boulevard and North Witchduck Road.
The applicant shall request an inspection of the landscaping by Planning staff before a business
licensu is issued to operate on the site.
4. A Lighting Plan andlor Photometric Diagram Plan shall be submitted during detailed site plan review.
Said plan shall include the location of all pole mounted and building mounted lighting fixtures, and the
listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parki",~ area. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The plan shall include provisions for implementing
low-Iellel security lighting for non-business hours.
5. There shall be no pennants, streamers, balloons, portable signs, or banners displayed on the site or
the vellicles.
6. The sile shall be permitted a monument style freestanding sign, no more than eight (8) feet in height.
There shall be no neon signs or neon accents installed on any wall area of the exterior of the building,
windows, and 1 or doors, light poles, or any other portion of the site. There shall be no signs in excess
of four (4) square feet installed or displayed on the exterior or interior of the windows of the building.
CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 3
I I
III
7. No outdoor speakers or public address system shall be permitted.
8. All concrete, asphalt, and lor pavers that have been installed on the southeast portion of the site
adjacent to (or within) the Virginia Beach Boulevard right-of-way and the used car dealership to the
east shall be removed. This area shall be landscaped and the portion of the stormwater management
facility depicted on the submitted site plan shall be re-installed. The applicant shall not permit use of
this area for any motor vehicle sales, display or storage. This condition shall be met within 45 days of
City Council approval and before a business license is issued to operate on the site.
9. All containers shall be removed from the site.
10. The applicant shall determine and provide written field verification of the as-built condition and
functionality of the existing storm water drainage infrastructure on site, and shall provide to the City
Department of Planning I Development Services Center evidence of stormwater drainage rights into
Witchduck Lake.
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.
CHECKERED FLAG MOTOR CAR COMPANY. INC.
Agenda Item 10
Page 4
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CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 5
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pag
CUP - Motor Vehicle Sales & Service
1.
6/27/88
6/13/88
1 0/20/86
11/18/85
6/24/85
12/14/81
1/23/67
7/13/93
12/14/93
2/22/94
3/14/95
3/15/01
11/28/06
Street Closure
Reconsideration of Conditions
Conditional Use Permit (Automotive Sales and Service)
Rezoning (R-6 Residential to B-2 Business) and Street Closure
Conditional Use Permit (Automotive repair - expansion)
Rezoning (R-6 Residential to B-2 Business)
Conditional Use Permit Billboard
Conditional Use Permit Motor Vehicle Rental
Conditional Use Permit Automotive Re air and Service
Rezonin A-12 A artment to B-2 Business
Conditional Use Permit Motor Vehicle Sales and Service
Street Closure
Conditional Use Permit School
2.
3.
4.
5.
6.
7.
ZONING HISTORY
CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 7
I I
II DISCLOSURE STATEMENT
II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. list the applicant name followed by the names of all officers, members, trustees,
pa ners, etc. below: (Attach list if necess~)
l
2. list all businesses that have a pare -subsidiary' or affiliated business entitl
r~ationship with the applicant: (Attach list if necessary)
~~L .\)$I~J \~ ' G pe I
lRd?\c~\fto Des:&)
o Check here if the applicant is NOT a corporation, partnership, firm. business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
~
-----
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee ~f he City of Virginia Beach have an interest in the
subject land? Yes _ No
If yes, what is the name of the 0 cia I or employee and the nature of their interest?
Conditional Use Perm,t Applicalion
Page 9 of 10
Revised 71312007
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CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 8
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r cd ADDITIONAL DISCLOSURES
r '"' Li:;t all known contractors or businesses that have or will provide services with respect
~ to the requested property use, including but not limited to the providers of architectural
I I se rvices, real estate services, financial services, accounting services, and legal
~ t~qes: (A h list if necessary)
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DISCLOSURE STATEMENT
1 "Parent-subsidiary ationshi p" means "a relationship that exists when one
co'poration directly or indirectly owns shares possessing more than 50 percent of the voting
pONer of another corporation," See State and Local Government Conflict of Interests Act. Va.
Cede ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
int.~rest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
enl:ities. Factors that should be considered in determining the existence of an affiliated
bUl,iness entity relationship include that the same person or substantially the sam'e person
own or manage the two entities: there are common or commingled funds or assets; the
bw,iness entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act. Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate
I ur,derstand that, upon receipt of notification (postcard) that the application has been scheduled for
put,lic hearing, I am responsible for obtaining and posting the required sign on the subject property at
lea:;t 30 days prior to the scheduled public hearing according to the instructions in this package. The
une ersigned al consents to entry upon the subject property by employees of the Department of
Pia 1ning to ph aph d view the site for purposes of processing and evaluating this application
Pro:>erty Owner's Signature (if different than applicant)
Print Name
Conditional Use Perm.t Application
Page 1001 10
Revised 7/312007
CHECKERED FLAG MOTOR CAR COMPANY, INC.
Agenda Item 10
Page 9
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Item #10
Checkered Flag Motor Car Co., Inc.
Conditional Use Permit
5070 Witchduck Road
District 4
Bayside
May 14, 2008
CONSENT
Joseph Strange: The next matter is agenda item 10. This is an application of Checkered
Flag Motor Car Company, Inc. for a Conditional Use Permit for a motor vehicle sales and
service on property located at 5070 Virginia Beach Boulevard, District 4, Bayside, with
10 conditions.
Billy Garrington: Thank you Madame Chairwoman and members of the Planning
Commission, for the record, I'm Billy Garrington. I'm proud to be here on behalf of the
applicant Checkered Flag Motor Car Company. As you heard, the property is known as
5070 Witchduck Road in the City of Virginia Beach. There are 10 conditions attached to
the staffs write up. We are in total agreement with those 10 conditions and we thank you
for putting us on consent.
Janice Anderson: Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent
agenda? The Chair has asked David Redmond to review this item.
David Redmond: Thank you Mr. Strange. The applicant Checkered Flag Motor Car
Company, Inc. requests a Conditional Use Permit to allow use of the site for motor
vehicle sales and service. The Comprehensive Plan designates this site as being within
the primary residential area. The plan recognizes the privacy of preserving and
protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods in the primary residential area. However, limited commercial or
institutional activities providing desired goods or services to residential neighborhoods
may be considered acceptable uses on the edge of established neighbors providing
effective measures are taken to ensure compatibility and non proliferation of such
activities. Staff finds the request for motor vehicle sales and service is acceptable and
compatible with the surrounding uses. The site was originally developed as a more
intense retail use, a sporting goods store, and most recently was occupied by a furniture
store, which you all remember as Bloom Brothers Furniture. Automotive repair exists to
the north of the site. Existing vehicular entrances are located on Virginia Beach
Boulevard and North Witchduck Road, and mature landscaping is located along the
perimeter of the site and within the parking areas. The only modification to the proposed
the building is the installation of the service door on the northern end of the building.
Again, staff supports this application. The Planning Commission is unaware of any
opposition, and we believe that is property an appropriate reuse of this vacant building
and associated property. As such believe it as best dealt with, and approve by consent.
Thank you.
Item #10
Checkered Flag Motor Car Co., Inc.
Page 2
Joseph Strange: Thank you Dave. Chairman, I have a motion to approve agenda item
10.
Janice And~rson: Thank you. I have a motion by Joe Strange and a second by Barry
Knight.
AYE 9 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTRI:E
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIVAS AYE
REDMON)[) AYE
RUSSO AYE
STRANGE AYE
ABSENT 2
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent.
LOREy-rA LANE, LLC
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Relevant Information:
· Beach District
· The clpplicant requests a Conditional Use Permit to allow a bulk
storage yard for landscape materrals including mulch, stone, soil,
and plant materials.
· Thirty-eight (38) new trees and 40 new shrubs are proposed along
Loretta Lane and the western property line, all native species, as a
component of a buffer restoration plan in the Chesapeake Bay
Resource Protection Area (RP A).
· The C!lpplicant has been working with the Chesapeake Bay Board
staff to develop a plan for restoration of the RP A.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· TherE! was no opposition. Consent Agenda.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: LORETTA LANE, L.L.C. for a Conditional Use Permit, for bulk storage on
property located at the western extremity of Loretta Lane, approximately 600 feet
west of North Birdneck Road (GPIN 2417454343). AICUZ is Greater than 75 and
APZ-1. DISTRICT 6 - BEACH.
MEETING DATE: July 8, 2008
. Background:
The applicant requests a Conditional Use Permit to allow a bulk storage yard for
landscape materials including mulch, stone, soil, and plant materials.
In 2003, the Comprehensive Plan Map designated this area of the city as a
Primary Residential Area. The recent amendment to the Comprehensive Plan for
this area, the Accident Potential Zone-1/Clear Zone (APZ-1/CZ) Master Plan,
recommends this site for non-residential use. Further, the APZ-1/CZ Master Plan
specifies "storage of building materials" as a compatible infill business use.
. Considerations:
The site plan depicts a yard of gravel surrounded by an existing 6-foot tall chain
link fence along the east and south property lines. There is one vehicular access
to the site from Loretta Lane. A pedestrian access gate is located near the rear of
the bulk storage area that allows access to the northern portion of the property
for maintenance purposes. Typical work hours are from 7:00 a.m. to 7:00 p.m.,
depending on the season and availability of daylight. No buildings or exterior
lighting is proposed for the site. Along the northern, western, and a portion of the
southern property line, there are both woods and marsh that naturally curtail
access to the site. Thirty-eight (38) new trees and 40 new shrubs are proposed
along Loretta Lane and the western property line, all native species, as a
component of a buffer restoration plan in the Chesapeake Bay Resource
Protection Area (RPA).
The applicant is seeking a waiver for site improvements to allow the bulk storage
yard to be gravel instead of asphalt pavement. The applicant is also requesting a
waiver to the required Category VI screening and the continued use of the
existing 6-foot tall chain link fence and vegetation in lieu of installing a new six (6)
foot tall solid fence with Category VI landscaping.
Loretta Lane, L.L.C.
Page 2 of 3
Staff and the Planning Commission supports the applicants' request to waive on-
site improvements, as well as the request to waive Category VI landscaping
along portions of the property lines. The woods and marsh that naturally curtail
access to the site effectively buffer and secure the site without the need to install
a solid fi:mce or additional landscaping in this area. Allowing a gravel surface
area is acceptable as long as a stormwater management plan is submitted to
ensure stormwater is managed in accordance to City regulations. Overall, the
proposed improvements should enhance the appearance of the site from the
street and reduce the impacts on the Chesapeake Bay.
The Plallning Commission placed this item on the consent agenda because the
proposed improvements will enhance the site, provide further protection to the
part of the property which falls within the Chesapeake Bay Preservation Area,
and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. Deve,lopment of the site shall substantially conform to the site plan entitled
"Site Plan for Bulk Storage Facility; Property of Loretta Lane, LLC." dated
March 31, 2008. Said plans have been exhibited to the Virginia Beach City
Council and are on file in the Virginia Beach Planning Department.
2. A stormwater management plan must be submitted within sixty (60) days to
the Planning Department / Development Services Center for review and
approval.
3. The Hquipment storage yard shall have Category VI screening and a solid
fenCE! of at least six (6) feet tall along the southern entrance and a portion of
the eastern property line. The Category VI screening shall be required
adjacent and parallel to the existing and proposed chain link fence as shown
on the above-mentioned site plan. The Category VI screening with 6-foot tall
solid fencing shall also extend 20 feet to the west of the existing chain link
fenCE! along the front property line. Category VI screening in these areas
shall be in accordance to the requirements, as specified in the Landscape,
ScreEming, and Buffering Specifications and standards for the City of Virginia
Beach.
4. The Elquipment storage yard may be gravel provided that the Planning
Department / Building Code Official reviews and approves a formally
requE!sted waiver. In such case, the bulk storage yard shall consist of at least
six-inches of aggregate and shall be delineated with curb-stops, or some
other City-approved material to contain the aggregate within storage area.
I I
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Loretta Lane, L.L.C.
Page 3 of 3
5. Only storage of landscape materials including mulch, stone, soil, and plant
materials shall be permitted on the site. Only equipment and vehicles used in
the conduct of the business on a daily basis shall be shall be stored on the
site.
6. No outdoor storage of inoperable parts, equipment, or vehicles shall be
permitted.
7. The area earmarked for restoration on the above-mentioned plans shall be in
receipt of no less than 75 trees, (50% evergreen and 50% deciduous), 100
shrubs, and 3 to 4 inches of organic material.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department i\\.~
City Manager: ~ k-, ~1lYl't r:
LORE'TT A LANE,
LLC
Agenda Item 7
June 9, 2008 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for bulk storage yard.
ADDRESS I DESCRIPTION: Property is located north of the Loretta Lane and Millers Lane intersection, west
of Birdneck Read.
GPIN:
24174543430000
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
2.028 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
bulk storage yard for landscape materials including mulch,
stone, soil, and plant materials. Typical work hours are from 7:00 a.m. to 7:00 p.m., depending on the
season and availability of daylight. Employees are generally on the site for short periods of time to accept
deliveries and load materials.
No buildings or exterior lighting is proposed. The site plan depicts a yard of gravel surrounded by an
existing 6-foottall chain link fence along the east and south property lines. There is one vehicular access
to the site from Loretta Lane. A pedestrian access gate is located near the rear of the bulk storage area
that allows access to the northern portion of the property for maintenance purposes. Along the northern,
western, and a portion of the southern property line, there are both woods and marsh that naturally curtail
access to the site. Thirty-eight (38) new trees and 40 new shrubs are proposed along Loretta Lane and
the western property line, all native species, as a component of a buffer restoration plan in the
Chesapeake Bay Resource Protection Area (RPA). Previously, when the property was not under the
control of the applicant, illegal dumping occurred in the most sensitive portion of the Chesapeake Bay
Preservation A-ea, the Resource Protection Area. The applicant has been working with the Chesapeake
Bay Board staf'to develop a plan for restoration of the area.
The applicant iB seeking a waiver for site improvements to allow the bulk storage yard to be gravel
instead of asphalt pavement. The applicant is also requesting a waiver to the required Category VI
screening and the continued use of the existing 6-foot tall chain link fence and vegetation in lieu of
installing a new six (6) foot tall solid fence with Category VI landscaping.
LORETTA LANE, LLC
Agenda Item 7
Page 1
I I
III
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site, previously used for bulk storage
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Storage and warehouse structures /1-1 Industrial District
. Vacant land and mini-warehousing / 1-1 Industrial District
. Single-family dwelling / 1-1 Industrial District
. Vacant land /1-1 Industrial District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located within the Chesapeake Bay Resource Protection
Area. The northern, southern, and western portions of the site are
impacted by marsh and include woods that will remain undisturbed. The
proposed bulk storage yard and restoration is considered redevelopment
according to the Chesapeake Bay Board staff, because the proposal
significantly cleans and restores land that has been previously disturbed.
No Chesapeake Bay Board approval is therefore required. The
applicant has worked with the City's Chesapeake Bay Board staff to
ensure the Chesapeake Bay features on the site are protected and
restored.
AICUZ:
The site is in an AICUZ of Greater than 75 dB .Ldn and Accident
Potential Zone 1 (APZ 1) surrounding NAS Oceana and is subject to an
easement owned by the United States Navy. The use is compatible with
this AICUZ, and the Navy reports that the use is allowed under the terms
and conditions of the easement.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Birdneck
Road near this application is a 90-foot wide right-of-way, and the Master Transportation Plan shows
Birdneck Road as a divided roadway with a bikeway with an ultimate right-of-way width of 100 feet.
Capital Improvement Program Project 2-149 is currently under construction on this road.
Loretta Lane and Miller Lane are local streets and no traffic counts are available for these roadways.
LORETTA LANE, LLC
Agenda Item 7
Page 2
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Birdneck Road 17,253 ADT I 22,800 ADT (Level of Existing Land Use 2 -
Service "0") 154 ADT
Proposed Land Use 3 -
114 ADT
Average Dally Tnps
2 as defined by 2.028 acres zoned 1-1
3 as defined by 2 acres of bulk storage yard
WATER & SEWER: No water or sanitary sewer is required for this use at this location.
Recommendation:
Staff recomme'lds approval of this
request with thl;! conditions below.
EVALUATION AND RECOMMENDATION
Comprehensi"e Plan:
The Comprehensive Plan Map designates this area of the city as a Primary Residential Area. The City's
Comprehensivo Plan states that the objective of the Primary Residential Area is to protect the
predominantlY3uburban character that is defined, in large measure, by the stable neighborhoods of the
area. This parGel is specified on the Accident Potential Zone-1/Clear Zone (APZ-1/CZ) Master Plan 'as a
site for non-residential use. Further, the APZ-1/CZ Master Plan specifies "building materials" as a
compatible infill business use.
Evaluation:
The proposal i~, compatible with the other surrounding industrially zoned uses. The proposal is in
conformance with the Comprehensive Plan's recommendations for this area. The proposal will also
provide added protection to the Chesapeake Bay Watershed with the proposed restoration plan. There is
a residential dwelling just east of the site; however the natural vegetation and required Category VI
screening should provide an adequate buffer between the proposed use and adjacent residential.
Staff supports the applicants' request to waive on-site improvements, allowing a gravel bulk storage yard,
as well as the request to waive Category VI landscaping along the northern, western, and a portion of the
southern and eastern property lines. The woods and marsh that naturally curtail access to the site
effectively buffor and secure the site without the need to install a solid fence or additional landscaping in
this area. There are also no objections to allowing a gravel bulk storage yard as long as a stormwater
management plan is submitted to ensure stormwater is managed in accordance to City regulations. The
proposed concrete curb-cut will help ensure adjacent public streets are maintained and clean. Overall,
the proposed inprovements should improve the appearance of the site from the street and reduce the
impacts on the Chesapeake Bay. As such, staff recommends approval of the request with the conditions
listed below.
LORETTA LANE, LLC
Agenda Item 7
Page 3
I I
I II
CONDITIONS
1. Development of the site shall substantially conform to the site plan entitled "Site Plan for Bulk Storage
Facility; Property of Loretta Lane, LLC." dated March 31, 2008. Said plans have been exhibited to the
Virginia Beach City Council and are on file in the Virginia Beach Planning Department.
2. A stormwater management plan must be submitted within sixty (60) days to the Planning Department /
Development Services Center for review and approval.
3. The equipment storage yard shall have Category VI screening and a solid fence of at least six (6) feet
tall along the southern entrance and a portion of the eastern property line. The Category VI screening
shall be required adjacent and parallel to the existing and proposed chain link fence as shown on the
above-mentioned site plan. The Cateaorv VI screenina with 6-foot tall solid fencina shall also extend
20 feet to the west of the existina chain link fence a/ona the front property line. Category VI screening
in-tAi6 these area~ shall be in accordance to the requirements, as speCified in the Landscape,
Screening, and Buffering Specifications and standards for the City of Virginia Beach.
4. The equipment storage yard may be gravel provided that the Planning Department / Building Code
Official reviews and approves a formally requested waiver. In such case, the bulk storage yard shall
consist of at least six-inches of aggregate and shall be delineated with curb-stops, or some other City-
approved material to contain the aggregate within storage area.
5. Only storage of landscape materials including mulch, stone, soil, and plant materials shall be permitted
on the site. Only equipment and vehicles used in the conduct of the business on a daily basis shall be
shall be stored on the site.
6. No outdoor storage of inoperable parts, equipment, or vehicles shall be permitted.
7. The area earmarked for restoration on the above-mentioned plans shall be in receipt of no less than
75 trees, (50% evergreen and 50% deciduous), 100 shrubs, and 3 to 4 inches of organic material.
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.
LORETTA LANE, lLC
Agenda Item 7
Page 4
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LORETT A LANE, LLC
Agenda 'tem 7
Page 5
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LORETTA LANE, LLC
Agenda Item 7
Page 6
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000
CUP - Bulk Storage Yard
# Date Description Action
1 1-11-8e. Conditional Use Permit (gas station & store) Granted
9-14-87 Conditional Use Permit (Qas station) Granted
2 10-12-87 Conditional Use Permit (automobile service & wash) Granted
3 7-5-83 Conditional Use Permit (billboards) Granted
4 5-11-87 Conditional Use Permit (church addition) Granted
5 8-8-00 Conditional Use Permit (fiberoptic transmission facility) Granted
6 7-18-06 Conditional Use Permit (bulk storage) Granted
7 12-3-02 Conditional Use Permit (church) Granted
8 2-10-98 Zoning Change (A-12 to R-5S) Granted
ZONING HISTORY
LORETTA LANE, LLC
Agenda Item 7
Page 7
I I
II DISCLOSURE STATEMENT
II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Loretta Lane, LLC
John X. Aragona, III Sole Managing ~ember
2. List all businesses that have a parent-subsidiar/ or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
None
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business. or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary1 or affiliated business entit?
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No ~
If yes, what is the name of the official or employee and the nature of their interest?
lCondrt.onal Use Perm,t Appllcalton
Page 70t8
Revised 4126/2007
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LORETTA LANE, LLC
Agenda Item 7
Page 8
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use. including but not limited to the providers of architectural
services, real estate services. financial services. accounting services, and legal
services: (Attach list if necessary)
Virginia Mulch & Materials, Inc.
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act. Va.
Code 9 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close wor1<ing relationship
between the entities." See State and Local Government Conflict of Interests Act. Va. Code 9
22-3101
CERTIFICATION: I certify that the information contained herein is true and accurate
I understand that. upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days pnor to the scheduled pUblic hearing according to the instructions in this package. The
undersi also consents to entry upon the subject property by employees of the Department of
Pia . g to hotogr h and view the site for purposes of processing and evaluating this application
-:SOh ~ i\0.60tPA.
Print Name
Property Owner's Signature (if different than applicant)
Print Name
londltional Use Permit ApplICation
Page 8 of 8
Revised 4/26/2007
DISCLOSURE STATEMENT
LORETTA LANE, LLC
Agenda Item 7
Page 9
I I
I ,II
Item #7
Loretta Lane, L.L.C.
Conditional Use Permit
Western extremity of Loretta Lane
District 6
Beach
June 11,2008
CONSENT
Joseph Strange: The next item is item 7. This is an application of Loretta Lane, L.L.c. for a
Conditional Use Permit for bulk storage. The property is located at the western extremity of
Loretta Lane approximately 600 feet west of North Birdneck Road, District 6, Beach, with
seven conditions.
Janice Anderson: Welcome Mr. Watson.
Les Watson: Madame Chairman and members of the Commission, my name is Les Watson.
I'm a local attorney and represent the applicant. We have reviewed the conditions and they
are all acceptable. We appreciate being placed on the consent agenda.
Joseph Strange: Thank you. Is there any opposition to this matter being placed on the
consent agenda? The Chairman has asked Al Henley to review this item.
Al Henley: Thank you. As stated, the property is located north of Loretta Lane and Miller
Lane intersection, west of Birdneck Road. The applicant requests a Conditional Use Permit
to allow a bulk storage yard for landscape materials including mulch, stone, soils and plant
materials. Typical work hours are from 7:00 a.m. to 7:00 p.m., depending on the season and
availability of day light. No building or exterior lighting is proposed. The site plan depicts a
yard of gravel surrounded by a existing six foot tall chain link fence along the east and
southern property lines. Quite an extensive buffer plan is proposed for this. Part of this
naturally falls within the Chesapeake Bay Preservation Protection Area and there were 38
trees and 40 shrubs that are proposed to enhance that area. The applicant is seeking a waiver
to site improvement to allow a bulk storage yard of gravel instead of the asphalt pavement.
The applicant is also requesting a waiver ofthe required Category VI screening and the
continued use of the existing six foot tall chain linked fence and vegetation in lieu of the new
six foot tall solid fence and Category VI screening. There is a residential dwelling just east
of the site, however, the natural vegetation and required Category VI screening should
provide an adequate buffer between the proposed use and the adjacent resident. Staff
supports the applicant's request to waiver the onsite improvements to allow a gravel bulk
storage yard, as well as a request to waiver the Category VI landscaping along the northern
western and a portion of the southern and eastern property lines. Staff is recommending
approval so therefore, Planning Commission has placed this on the consent agenda. Thank
you.
Joseph Strange: Thank you AI. Chairman, I have a motion to approve agenda item 7.
Item #7
Loretta Lane, L.L.C.
Page 2
Janice Anderson: Is there a second? We have a second by Kathy Katsias.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 7 for consent.
HUNT ICLUB FARMS
c0"2
o
-'
MOllification ot Conditions
Relevant Information:
· Princ:ess Anne District
. The applicant requests a Conditional Use Permit to allow use of the
site for a commercial recreational I entertainment facility of both an
indol)r and outdoor nature. The Use Permit will replace existing Use
PerlTlits for a Halloween event and a seasonal display between
Thanksgiving and New Year's.
. The applicant provided exhibits for both the Halloween and Winter
Wonderland events. Each plan is a graphic depiction of traffic
movt!ment, parking, signage, pedestrian access, and location of each
event. The applicant has also developed a policy manual for event
staff to properly maintain and control the operation of events.
Evaluatiolrl and Recommendation:
· Planning Staff recommended approval
. Planning Commission recommends approval (10-0)
· Them was no opposition. Consent Agenda.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: HUNT CLUB FARMS for a Conditional Use Permit for recreation facilities of
an outdoor nature on property located at 2356-2400 London Bridge Road (GPINs
2405900607; -0218; -812185; -914155). DISTRICT 7 - PRINCESS ANNE.
MEETING DATE: July 8,2008
. Background:
The applicant requests a Conditional Use Permit to allow use of the site for a
commercial recreational/entertainment facility of both an indoor and outdoor
nature. The applicant has a Conditional Use Permit for a recreational and
amusement facility granted by City Council on October 22, 1991 for Halloween
events. The applicant also has a Conditional Use Permit granted by City Council
on November 9,2004 permitting a commercial recreational/ entertainment
facility to allow a seasonal display between Thanksgiving and New Year's Day.
Since that time, business for both activities has increased, and complaints from
surrounding property owners that the activities occurring on the site were
adversely affecting the area have also increased. The applicant then requested a
Modification of Conditions to the November 9, 2004 Conditional Use Permit. This
Modification of Conditions was approved by City Council on November 14, 2006,
with one year expiration. City Council placed this time limit due to complaints
from the surrounding property owners regarding noise, parking and traffic. The
City Council agreed that the applicant needed to meet with and address the
issues enumerated by the surrounding property owners, as well as submit one
application for a Conditional Use Permit that comprehensively addressed all of
the activities on the site.
. Considerations:
The proposed Use Permit request operation greatly affects the character and
safety of the area. Given the magnitude of the expected attendance to the
events, the traffic and parking demand created by the use has been a major
impact on the adjacent residential uses and has hindered the normal traffic of the
roadways. London Bridge Road is a 4-lane divided road and appears to be
subject to traffic backups during peak times of operation. Also, the neighbors of
the subject site had issues with losing direct access to the ingress/egress that
provides connection from their properties to London Bridge Road. Finally, the
increased number of patrons at the facility increases the safety risks that come
along with increased traffic movement.
Hunt Club Farms
Page 2 of 3
At the suggestion of City Council, meetings with the applicant, the applicant's
representative, neighbors, and City staff were held to discuss the concerns and
address the issues. Through those discussions, the applicant provided site plans
for both the Halloween and Winter Wonderland events. Each plan is a graphic
depiction of traffic movement, parking, signage, pedestrian access, and location
of each event. The applicant has also developed a policy manual for event staff
to properly maintain and control the operation of events.
The Planning Commission placed this item on the consent agenda because the
applicant has worked with neighbors and staff to develop measures to alleviate
past concerns of traffic and number of activities, the Use Permit consolidates all
of the aGtivities into one permit, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The activities shall be operated as depicted on the submitted exhibit
"HALLOWEEN EVENT ACCESS PLAN", dated January 18, 2008, prepared
by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the
Virginia Beach City Council and is on file in the Virginia Beach Planning
Depclrtment.
2. The activities shall be operated as depicted on the submitted exhibit
"HOLIDAY DISPLAY EVENT', dated October 17,2007, prepared by Gallup
Survoyors and Engineers, Ltd. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Virginia Beach Planning Department.
3. The Halloween event shall be in operation from October 1 st through October
31st. The hours of operation shall be from 7:00 p.m. until 11 :00 p.m.
4. The \'Vinter Wonderland event shall be in operation from Thanksgiving
through December 31st. The hours of operation shall be from 9:00 a.m. until
9:00 p.m.
5. Temporary curb cut shall be restricted to passenger vehicles only and shall
meet ADA requirements.
6. The sidewalk and curb altered by the temporary curb cut shall be restored to
City Standards when the event is complete.
7. PostE'd 'one-way' sign and 'stop' sign shall remain posted throughout the
duration of the event / temporary opening.
I I
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Hunt Club Farms
Page 3 of 3
8. A certified police officer and certified traffic monitor shall assist with traffic
control.
9. A traffic control plan, notes and hours of construction shall be required with
detailed site plan submittal.
. 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: '-~<, y--, ~ ~
HUNT CLUB
FARMS
Agenda Item 25
June 11, 20D8 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for an indoor
commercial reGreation facility and
recreational and amusement facility of an
outdoor nature.
ADDRESS I DESCRIPTION: Property located at 2356 -2400 London Bridge Road.
GPIN:
24058121850000
24059002180000
24059141550000
24059006070000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
45.5 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow use
of the site for ;:1 commercial recreational! entertainment facility of both an indoor and outdoor nature. The
applicant has a Conditional Use Permit for a recreational and amusement facility granted by City Council
on October 22 1991 for Halloween events. The applicant also has a Conditional Use Permit granted by
City Council on November 9,2004 permitting a commercial recreational! entertainment facility to allow a
seasonal display between Thanksgiving and New Year's Day.
Since that time" business for both activities has increased, and complaints from surrounding property
owners that thH activities occurring on the site were adversely affecting the area have also increased.
The applicant lhen requested a Modification of Conditions to the November 9,2004 Conditional Use
Permit. This Modification of Conditions was approved by City Council on November 14,2006, with one
year expiration. City Council placed this time limit due to complaints from the surrounding property owners
regarding nois,~, parking and traffic. The City Council agreed that the applicant needed to meet with and
address the iS~iues enumerated by the surrounding property owners, as well as submit one application for
a Conditional Use Permit that comprehensively addressed all of the activities on the site.
HUNT CLUB FARMS
Agenda Item 25
Page 1
I I
I ,II
The applicant has met with the neighboring property owners and believes this proposal addresses the
issues raised by the neighbors as well as City staff and City Council.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Rural Commercial
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Rural residential / AG-2 Agricultural District
. Across London Bridge Road are single-family dwellings I R-10
and R-20 Residential Districts
. Single-family dwellings I PD-H2 (R5D) Planned Development
District and R-20 Residential District
. Rural residential / AG-2 Agricultural District
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources on the site. The site
does possess some cultural interest since it is one of the few remaining
agricultural complexes north of the Green Line.
AICUZ:
The site is in an AICUZ of 70 dB to 75 dB Ldn surrounding NAS Oceana.
A small corner of the property is in the greater than 75 dB Ldn
surrounding NAS Oceana. The uses are compatible with these AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London
Bridge Road in the vicinity of this application is considered a four-lane divided minor suburban arterial
as is designated on the Master Transportation Plan (MTP). There are currently no projects to upgrade
this roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
London Bridge 20,000 ADT 28,200 ADT (Level of Existing Land Use ~ -
Road Service "C") 1 00 ADT
Proposed Land Use 3 -
unchanged
Average Dally Trips
2 as defined by recreational activities
3 as defined by same as the existing
Traffic Engineering requested that the following items be met to insure safety.
· Proposed curb cut must meet ADA standards.
· Temporary curb cut to be restricted to passenger vehicles only.
· Sidewalk and curb must be restored to City standards when event is over.
· One-way sign and stop sign are required to be posted throughout the duration of the event and
temporary curb opening.
· Certified police officer and certified traffic monitor required to assist with traffic control.
Traffic control plan, notes and hours of construction will be required with site plan submittal.
HUNT CLUB FARMS
Agenda Item 25
Page 2
WATER: This site is connected to City water. There is a 1Q-inch water line in London Bridge Boulevard
fronting the si':e. There is an 8-inch City water line in Weybridge Road fronting the site.
SEWER: This site is connected to City sanitary sewer. Analysis of Pump Station #606 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8-inch City gravity
sanitary sewer main in Weybridge Road fronting the site.
FIRE: No Fire Department comments at this time.
POLICE: If consensus has been reached with surrounding homeowners that this proposal is acceptable and
that the traffic flow and control and access are in place at the time of each event, the Police Department has
no additional comments.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommElnds approval of this request with the conditions below.
Comprehensive Plan:
The Comprehl:lnsive Plan recognizes this site to be within the Primary Residential Area.
The overridin!; objective is to protect the predominantly suburban character that is defined, in large
measure, by the stable neighborhoods of the Primary Residential Area. The Plan also reinforces the
suburban characteristics of commercial centers and other non-residential areas that make up part of the
Primary Residential Area (page 98).
Achieving the goals of this principle requires that all new development and redevelopment in the Primary
Residential Ar.aa maintain a suburban character. In general terms, this means that the established type,
size and relationship of land uses, both residential and non-residential, in and around neighborhood areas
should serve ciS the guide when considering future development proposals. When making these
decisions, it is important to take into account the unique character of the affected neighborhood and make
adjustments a; necessary to protect it. This is of particular importance when considering issues of density
and where non-residential uses are proposed in proximity to established residential areas (page 90).
Evaluation:
The proposed Use Permit request for an indoor commercial recreation facility and recreational and
amusement facility of an outdoor nature in the form of a seasonal operation greatly affects the character
and safety of t1e area. Given the magnitude of the expected attendance to the events, the traffic and
parking demand created by the use has been a major impact on the adjacent residential uses and has
hindered the normal traffic of the roadways. London Bridge Road is a 4-lane divided road and appears to
be subject to traffic backups during peak times of operation. Also the neighbors of the subject site had
issues with losing direct access to the ingress/egress that provides connection from their properties to
London Bridge Road. Finally, the increased number of patrons at the facility increases the safety risks
that come along with increased traffic movement.
HUNT CLUB FARMS
Agenda Item 25
Page 3
I I
I .11
This use, however, may be considered acceptable provided that effective measures are taken, such as
improved traffic circulation, protected egress/ingress for the residents, and restricted operating hours, to
ensure compatibility and non-proliferation of such activities.
At the suggestion of City Council, meetings with the applicant, the applicant's representative, neighbors
directly affected by the seasonal events and City staff were held to discuss the concerns and address the
issues. Through those discussions, the applicant provided exhibits for both the Halloween and Winter
Wonderland events. Each plan is a graphic depiction of traffic movement, parking, signage, pedestrian
access, and location of each event. The applicant has also developed a policy manual for event staff to
properly maintain and control the operation of events.
Staff, therefore, recommends approval subject to the conditions below.
CONDITIONS
1. The activities shall be operated as depicted on the submitted exhibit "HALLOWEEN EVENT ACCESS
PLAN", dated January 18, 2008, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has
been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning
Department.
2. The activities shall be operated as depicted on the submitted exhibit "HOLIDAY DISPLAY EVENT",
dated October 17, 2007, prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.
3. The Halloween event shall be in operation from October 1st through October 31 st. The hours of
operation shall be from 7:00 p.m. until 11 :00 p.m.
4. The Winter Wonderland event shall be in operation from Thanksgiving through December 31st. The
hours of operation shall be from 9:00 a.m. until 9:00 p.m.
5. Temporary curb cut shall be restricted to passenger vehicles only and shall meet ADA requirements.
6. The sidewalk and curb altered by the temporary curb cut shall be restored to City Standards when the
event is complete.
7. Posted 'one-way' sign and 'stop' sign shall remain posted throughout the duration of the event /
temporary opening.
8. A certified police officer and certified traffic monitor shall assist with traffic control.
9. A traffic control plan, notes and hours of construction shall be required with detailed site plan
submittal.
HUNT CLUB FARMS
Agenda Item 25
Page 4
NOTE: Furthor 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) com;epts and strategies as they pertain to this site.
HUNT CLUB FARMS
Agenda Item 25
Page 5
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HUNT CLUB FARMS
Agenda Itenl,25
Pa9~ 7
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Modification of Conditions
I 1 10/23/07 Modification of Conditions with a one year
time limit
11/14/06 Modification of Conditions
04/12/05 Subdivision Variance
10/22/91 Conditional Use Permit (recreational &
amusement facility) .
01/28/85 Conditional Use Permit (addition to a kennel Granted
2 11/09/04 Conditional Use Permit (commercial
recreational facility)
04/12/92 Conditional Rezonino from AG-2 to B-2 Granted
3 OS/23/00 Conditional Use Permit (recreational of an Granted
outdoor nature)
4 08/25/92 Conditional Use Permit (truck rental) Denied
ZONING HISTORY
HUNT CLUB FARMS
Agenda Itel1'l 25
Page 8
"'",;f
I DISCLOSURE STATEMENT
I
APPUCANT DISCLOSURE
If the applicant is a corporation. partnership, firm, business, or other unincorporated
organization. complete the following:
1. Ust the applicant name followed by the names of all officers, members, trustees.
pal1ners, etc. below: (Attach list if necessary)
John IJ. Vogel
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
rel,3tionship with the applicant (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership. finn, business, or other
uniocc1rporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
tru:.tees, partners, etc. below: (Attach list if necessary)
J. D. Vllgel (Hunt Club Farms 2308 london Bridge Road); Kathy Vogel (2400 london Bridge Road)
Mary Sllith (2356 london Bridge Road, Princess Anne Farms)
2. Lis! all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
~:>ast Consulting 207 23m Street Virginia Beach, VA 23451
.BiU....GaIJ,hrRlI Pr....ittAnt
o Check here if the property owner is NOT a corporation, partnership. firm.
business, or other unincorporated organization.
T"':T:"
& Sue next page for footnotes
Does eiJ1 official or employee d the City of Virginia Beach have an interest in the
~I.lbjec!: land? Yes No ~
If yes, 'Nhat is the name of the official or employee and the nature of their interest?
CondiIIonaII.lIe Permit Application
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DISCLOSURE STATEMENT'
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services. real estate services, financial services. accounting services, and legal
services: (Attach list if necessary)
R.C.C. - Right Coast Consulting 207 23rd Street Virginia Beach. VA 23451
1 "Parent-subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.' See State and Local Government Conflict of Interests Act, Va.
Code S 2.2-3101.
2 "Affiliated business entity relationship' means "a relationship, other than parent-
subsidiary relationship. that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in detennining the existence of an affiliated
business entity relationship indude that the same person or substantially the same person
own or manage the two entities; there are convnon or commingled funds or assets: the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close wor1<ing relationship
between the entities.' See State and Local Government Conflict of Interests Act. Va. Code ~
2.2-3101.
CERnFICA nON: I certify that the information contained herein is true and accurate.
I undefstand that upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible tor obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the ins1rUctions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evakJating this application.
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HUNT CLUB FA~MS
Agenda Iten) 25
Pag~i 10
Item #25
Hunt Club Farms
Conditional Use Permit
2356-2400 London Bridge Road
District 7
Princess Anne
June 11, 2008
CONSENT
Joseph Strange: The next item is item 25, an application of Hunt Club Farms for a
Conditional Use Permit for an indoor commercial recreational facility and recreation
facilities of an outdoor nature on property located at 2356 - 2400 London Bridge Road,
District 7, Princes!; Anne, with nine conditions.
Bill Gambrell: Vi,:;e Chairman and Madame Chairman. Thank you for being placed on the
consent agenda. I would like to thank everyone that helped with this application. You all
have seen it a number of times. Every time you all have approved it, it has always been a
positive recommendation. This time I think working with the Council member for the
borough and worklng with the neighbors, I think the same thing will occur at City Council.
So again, the conditions are acceptable and we're glad to be on your consent agenda. I'm
Bill Gambrell representing the applicant.
Joseph Strange: Thank you Bill. Is there any opposition to this matter being placed on the
consent agenda? ~~he Chairman has asked Barry Knight to review this item.
Barry Knight: The applicant Hunt Club Farms originally came in for a Conditional Use
Permit in 1991. And since that time, they have grown their Halloween and Thanksgiving
through New Years activities. They have been a victim of their own success with the traffic
impacts and some of the neighbors around here. They have been back to us two or three
times. We asked them about a year ago to please come back this time and we would like to
wrap everything into one Conditional Use Permit, and get the staff's recommendation of
approval, and all the neighbors satisfied. That is what they have done. We're glad they have
worked with staff. The Council lady from that district and it looks like everyone is happy.
So, they got one Conditional Use Permit wrapped into no opposition, so we have put it on
consent agenda.
Joseph Strange: Thank you Barry. Chairman, I have a motion to approve agenda item 25.
Janice Anderson: Is there a second? We have a second by Kathy Katsias.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
I .11
Item #25
Hunt Club Farms
Page 2
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 25 for consent.
Janice Anderson: Thank you. Thank you very much Mr. Strange for handling the consent
agenda. Thank you all for coming today.
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Michael and Rebecca Kelly
2428 London Bridge Road _
Virginia Beach, V A 23456
757-672-2174
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April 23, 2008
Virginia Beach City Council
2401 Com1house Drive
Virginia Beach, VA 23456
RE: John & Randi Vogel/Hunt Club Farm Conditional Use Permit
Dear Honorable City Council Members,
I am writing in support of Hunt Club Farm's current applications for Conditional Use Permits for
their Halloween and Christmas special events. I own property located at 2428 London Bridge
Road, which is in the Princess Anne Hunt Club Subdivision. My farm is located behind Hunt
Club Farm, thus we use the community road for access to our Barn.
As a new land owner in this community, 2007 was the first year that I experienced the
Halloween and Christmas special events as a neighbor. Hunt Club Farm's staffwas courteous
and went out of their way to accommodate their neighbors. I never experienced any delay or
inconvenience, nor do I have any complaints about their business operation. Hunt Club Farm
provided sufficient parking staff, signage and off-street parking for their customers. Hunt Club
Farm's special events do not have any negative impact on my farm, nor my access to the
community road.
However, more important than my interests, I am thrilled that the children of our city have such a
safe and wonderful place to enjoy themselves. I take great pleasure in watching their faces as
they arrive and see the rides, animals and general festivities that are at the Hunt Club Farm. It is
my opinion that the City of Virginia Beach should support the Hunt Club Farm and encourage its
various children's activities.
Therefore, I wholeheartedly support the approval of their current applications for conditional use
for the Halloween and Christmas special events.
Please do not hesitate to contact me if you have any questions or need any additional
information.
Respectfully,
#/~Ij
Michael and Rebecca Kelly
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Mark and Kelley Hansen
2376 London Bridge Road
Virginia Beach, VA 23456
Virginia Beach City Council
2401 Courthouse Drive, Suite 281
Municipal Cen::er Building 1
Virginia Beach, VA 23456
RE: Hunt Club Farm Halloween & Christmas Conditional Use Permits
Dear Virginia Beach City Council,
Our hom.e and horse stables are located behind Hunt Club Farm. We
use the PrinceHs Anne Hunt Club community road daily for access to our farm.
In 2007, we experienced a huge improvement to our road access when Hunt
Club Farm began parking cars and school buses in their back parking lot and
in the neighboring front field. We feel that this change has eliminated our wait
time and our previous safety concerns. Additionally, we feel that their
continued effort to keep the community road a no parking zone, outside of the
conditional use requirements, shows their dedication to limit the impact of
their business on the neighboring land owners.
We have reviewed the Vogel's new special event parking and traffic plan.
We are confident that their plan will alleviate previous "neighborhood"
concerns. We also feel that they have been responsive to neighborhood
feedback and will continue to work to relieve any new issues that may arise.
We support the approval of their current applications for conditional use for
their Halloween and Christmas Special Events.
Sincerely,
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Virginia Beach City Council
2401 Courthouse Drive
Municipal Center Building 1
Va. Beach, VA 23456
Virginia Beach City Council,
I am writing in support of Hunt Club Farm's Halloween and Christmas conditional
use permit applications. I reside at 2332 London Bridge Road, which is located behind
Hunt Club Farm. I do not have any issues with their business operation. I feel that they
do a fine job parking cars and handling their event traffic. I have enjoyed their
Halloween Festival for years and I believe that the event provides a safe and family
friendly atmosphere for area residents. Additionally, I have had many conversations
with the Vogel's and believe that the Vogel's have made a good effort to work through
all concerns presented by their neighbors. I believe that City Council should approve
Hunt Club Farm's Halloween and Christmas conditional use permits.
Sincerely,
~6~~
John Sweeney
2332 London Bridge Road
Virginia Beach, VA 23456
(757) 641-3181
SCHO(]~L BOARD
.l
.C-I
ac-I
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Conditional Zoning Change from AC-1 & 2 to {- 2
Relevant Ilnformation:
· Beach District
· Rezoning to Conditional 1-2 Heavy Industrial.
· The (lpplicant desires to relocate the existing bus maintenance
facility at Oceana Boulevard and West Lane in the Oceana Village
neighborhood to this site.
· 63,0(]0 square foot maintenance facility, a two-story 15,000 square
foot nupport office, 248 parking spaces, buffer areas, and a future
storage yard expansion.
· The clpplicant is seeking Leadership in Energy and Environmental
Desinn (LEED) certification from the U.S. Green Building Council for
the building and site.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· Then! was no opposition. Consent Agenda.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SCHOOL BOARD, CITY OF VIRGINIA BEACH for a Chanae of Zonina
District Classification from AG-1 and AG-2 Agricultural District to Conditional 1-2
Heavy Industrial District on property located on the east side of Harpers Road,
approximately 6900 feet south of Oceana Boulevard (GPIN 2405879659). AICUZ is
Greater than 75 and APZ 2. DISTRICT 6 - BEACH.
MEETING DATE: July 8, 2008
. Background:
The applicant proposes to rezone the site, zoned AG-1 and AG-2 Agricultural
Districts, to Conditional 1-2 Heavy Industrial and to develop the site with a school
bus maintenance facility. The applicant desires to relocate the existing bus
maintenance facility at Oceana Boulevard and West Lane in the Oceana Village
neighborhood to this site. The operation employs 41 supervisory and clerical
personnel and 40 vehicle maintenance personnel. Generally, maintenance is
conducted on 20 to 25 vehicles daily.
The site is within the Comprehensive Plan's South Oceana Strategic Growth
Area 10. The site for the proposed maintenance facility is located in the eastern
portion of this SGA. The Policy document states the following intentions for the
eastern area: "The eastern region of this Strategic Growth Area is recommended
for high quality, well landscaped low to mid-rise offices and corporate parks as
well as light industrial uses; to help reduce traffic congestion by improving the
balance between residential and non-residential land uses; and to promote
activities that are compatible with the military operations at NAS Oceana."
. Considerations:
The submitted site development plan depicts a 63,000 square foot maintenance
facility, a two-story 15,000 square foot support office, 248 parking spaces, buffer
areas, and a future storage yard expansion. The proposed bus and truck
entrance to the site is located at the northern portion of the site and the employee
/ visitor entrance to the site is located at the southern portion of the site.
The applicant is seeking Leadership in Energy and Environmental Design
(LEED) certification from the U.S. Green Building Council for the building and
site. Solar panels for energy and waterless urinals and flush toilets using
recycled rainwater are two of the proposed methods for achieving LEED
certification. The proposed structure is designed far beyond a typical motor
School Board, City of Virginia Beach
Page 2 of 2
vehicle repair and maintenance facility. The architect has designed the structure
with high quality pre-cast concrete panels with clerestory (high) ribbon windows
throughout the maintenance facility. The windows will encourage the utilization of
sunlight, temperature regulation, and less dependence on energy. A pre-finished
standing seam metal roof will cover the structure.
The request to rezone the site from AG-1 and AG-2 Agricultural Districts to
Conditional 1-2 Heavy Industrial for the purpose of consolidating Virginia Beach
Schools' bus maintenance operations onto one central site is acceptable. The
request is in keeping with the Comprehensive Plan recommendations for this
area. The site is constrained by AICUZ noise levels of more than 75dB LON and
an aircraft Accident Potential Zone (APZ) 2. Additionally the United States Navy
owns a restrictive easement over the site.
The Planning Commission placed this item on the consent agenda because this
proposal will consolidate school bus maintenance operations onto one site, the
site plan and building elevations exhibit a high quality of design and planning,
and there was no opposition to the application.
. Recommendations:
The Plan ning Commission passed a motion by a recorded vote of 10-0 to
approve this request as proffered.
. Attachments:
Staff Review
Oisclosum Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting De",..tmentlAgency: Planning Department I ~
CItyManager: (~k.'1v~
I I
SCHOOL BOARD
OF THE CITY OF
VIRGINIA BEACH
Agenda Item 24
June 11, 2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
I II
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&C-I
()
Conditional Zoning Change from AG-l & 2 to '-2
Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural Districts to Conditional 1-2
Heavy Industrial
ADDRESS I DESCRIPTION: Property located on Harpers Road, 6,900 feet from Oceana Boulevard
GPIN:
24058796590000
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
20.00 acres
SUMMARY OF REQUEST
The applicant proposes to rezone the site, zoned AG-1 and
AG-2 Agricultural Districts, to Conditional 1-2 Heavy Industrial
and to develop the site with a school bus maintenance facility. The applicant desires to relocate the
existing bus maintenance facility at Oceana Boulevard and West Lane in the Oceana Village
neighborhood to this site. The operation employs 41 supervisory and clerical personnel and 40 vehicle
maintenance personnel. Generally, maintenance is conducted on 20 to 25 vehicles daily.
The submitted site development plan depicts a 63,000 square foot maintenance facility, a two-story
15,000 square foot support office, 248 parking spaces, buffer areas, and a future storage yard expansion.
The proposed bus and truck entrance to the site is located at the northern portion of the site and the
employee / visitor entrance to the site is located at the southern portion of the site.
The applicant is seeking Leadership in Energy and Environmental Design (LEED) certification from the
U.S. Green Building Council for the building and site. Solar panels for energy and waterless urinals and
flush toilets using recycled rainwater are two of the proposed methods for achieving LEED certification.
The proposed structure is designed far beyond a typical motor vehicle repair and maintenance facility.
The architect has designed the structure with high quality pre-cast concrete panels with clerestory (high)
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 1
ribbon windows throughout the maintenance facility. The windows will encourage the utilization of
sunlight, temperature regulation, and less dependence on energy. A pre-finished standing seam metal
roof will cover the structure.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site
SURROUNDII~G LAND
USE AND ZONING:
North:
· Harpers Road
· Across Harpers Road is vacant United States Navy property,
previously military housing / 1-2 Heavy Industrial
· Open fields and woods / AG-1 Agricultural
· Open fields / AG-1 and 2 Agricultural
· Open fields / AG-1 and 2 Agricultural
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is an open field, previously part of Taylor Farms. There are no
significant natural resources or cultural features associated with the site.
AICUZ:
The site is in an AICUZ of Greater than 75 dB Ldn and an aircraft
Accident Potential Zone (APZ) II surrounding NAS Oceana. The
proposed use is compatible with airfield operations.
IMPACT ON CITY SERVICES
MASTER TI~ANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Harpers
Road in front of this site is a two lane collector and has a variable width right-of-way. The Master
Transportation Plan depicts an undivided roadway with a bikeway and an ultimate right-of-way width of
100 feet. There is currently no Capital Improvement Program project scheduled for this portion of
Harpers Road.
There are no street lights along this section of Harper's Road. The need for street lights will be reviewed
during detailed site plan review.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Harper's Road 6,560 ADT' 9,900 ADT Existing Land Use;!-
(422 Peak Hour) (520 Peak Hour) 201 ADT
Proposed Land Use 3 -
490 ADT (62 Peak
Hour)
Average Dally Tnps
2 as defined by 20 cares of AG-1 & AG-2 Agricultural zoned property
3 as defined by 81 employees assigned to the school vehicle maintenance site
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 2
I I
I ,II
WATER: City water is not available to the site. The nearest water line is approximately 650 feet to the
northeast.
SEWER: City sanitary sewer is not available to the site. The closest sewer line is approximately 700 feet to the
northeast. A private grinder pump and force main may be an option.
SCHOOLS: School populations are not affected by the request.
FIRE: According to the city maps the closest approved water supply is a fire hydrant located in front of 1533
Harper's Road. According to the Statewide Fire Prevention Code, an approved water supply capable of
supplying the required fire flow for fire protection shall be provided on the premises upon which facilities,
buildings or portions of buildings are constructed in the city. This will be thoroughly reviewed during detailed
site plan review.
POLICE: A Lighting Plan and lor Photometric Diagram Plan should be submitted during detailed site plan
review. Lighting should comply with the Illumination Engineering Society standards. Full cut-off fixtures should
be placed within the parking areas.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
This site is within the South Oceana Strategic Growth Area 10. The site for the proposed maintenance
facility is located in the eastern portion of this SGA. The Policy document states the following intentions
for the eastern area: "The eastern region of this Strategic Growth Area is recommended for high quality,
well landscaped low to mid-rise offices and corporate parks as well as light industrial uses; to help reduce
traffic congestion by improving the balance between residential and non-residential land uses; and to
promote activities that are compatible with the military operations at NAS Oceana." Strategic Growth Area
1 0 also includes a designated corridor south of the NAS Oceana that has potential to be a hub of
industrial and business growth activity. This area includes the businesses in the Corporate Landing
Business Park. Transportation improvements in Strategic Growth Area 10 include the proposed
Southeastern Parkway, which will traverse the eastern part of this strategic area in a northeast to
southwest direction.
Evaluation:
The request to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional 1-2 Heavy
Industrial for the purpose of consolidating Virginia Beach Schools' bus maintenance operations onto one
central site is acceptable. The request is in keeping with the Comprehensive Plan recommendations for
this area. The site is constrained by AICUZ noise levels of more than 75dB LDN and an aircraft Accident
Potential Zone (APZ) 2. Additionally the United States Navy owns a restrictive easement over the site.
The United States Navy has reviewed the request for compliance with the easement and finds it is
compatible with the restrictive easement.
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 3
The applicant proposes development of both an energy efficient and environmentally-friendly building
site. Staff find::; the proposed site layout is a coordinated development in terms of design, landscaping,
parking layout, and traffic control and circulation within the site. Staff will require a lighting and
photometric plan during detailed site plan review. Also, Section 228 of the City Zoning Ordinance requires
a solid fence and landscaping around the storage area for vehicles awaiting maintenance. Staff will
require such ff3nce and landscaping during detailed site plan review. Staff recommends approval of the
request as proffered.
PROFFERS
The followin!;j are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibit entitled,
"Rezoning Site Development Plan", dated February 27,2008, prepared by Landmark Design, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Concept Plan").
PROFFER 2:
When the building depicted on the Concept Plan is developed, its exterior appearance shall be substantially
similar in architectural features, details and building materials to the exhibit entitled, "Proposed Rezoning
Building Elevations., dated February 27,2008, and prepared by Dills, Ainscough, Duff Architects, which has
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Elevations").
PROFFER 3:
Further condLions may be required by the Grantee during detailed Site Plan and/or subdivision review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
STAFF COMI\IIENTS: The proffers are acceptable as they insure the site will be developed in accordance
with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a
coordinated aevelopment of the site in terms of design, landscaping, parking layout, and traffic control and
circulation within the site.
The City Attorney's Office has reviewed the proffer agreement dated April 21, 2008, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further I~onditions 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 i~; encouraged to contact and work with the Crime Prevention Office within the Police Department
for crime preve'1tion techniques and Crime Prevention Through Environmental Design (CPTED) concepts and
strategies as they pertain to this site.
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 4
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PROPOSED BUILDING RENDERING
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 9
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PROPOSED BUILDING ELEVATION
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 10
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AC-.
At-.
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Conditional Zoning Change from AC-1 & 2 to 1-2
1. 5/8/89 Conditional Use Permit (Golf Course) Approved
2. 5/14/02 Rezoning (AG-1 & AG-2 Agricultural to Conditional 1-1 Approved
Heavy Industrial)
ZONING HISTORY
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 11
.1 ~SCL~:S~RE ST~ TEMENT
I
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APPLICANT DISCLOSURE
If the applicant is a corporation. partnership. firm, business. or other unincorporated
~~nization, complete the following:
1. List the applicant name followed by the names of all officers. members, trustees,
partners, l~tC. below: (Attach list if necessary) .
;5~.,1....- ~Ll,..(..Q :;p ~ C"1 or V\,'Z-4/-v.Ao- 13cA1..-t
(~TT riC-HQ.[))
2. List all businesses that have a parent-subsidiary 1 or affiliated business enttty2
relationship with the applicant: (Attach list if necessary)
D Check here if the applicant is NOT a corporation, partnership. firm, business. or
other unlm:orporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation. partnership. firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members.
trustees, partners, etc. below: (Attach list if necessary)
/ ~e. \ ....~I \ ~( broOoJ ~ LLLP - Ov-lr-h. \~ I i\
0~(\-"..... 'I C\"'e-<-.l~ b_.Y)~ L,,,,,.k.,,, ;-'",1<"V
1..'\<" ,y).........~"-\ ::L....~. G1"''''; ~C.{-t"",.\ \....",a<.... ...-: ~
2. List all bUSlinesses that have a parent-subsldiary or affiliated business entity2 \ ''''l~ or
...relationshif> with the applicant: (Attach list if necessary) ~G.' \~ _
V --rP..1\H G:.('.~~l ,,-.C "-J.{~;....,,,,- I~(' .. .
",...j ~...... '-< \< <J...:G\' r..ti: \ LL<" -r ~'I \.( ~ c..'''') ~"~ ,L ( \") L.l..C
~I. \--\...\d,f'~\ .:!.., L-LL
o Check here if the property owner is NOT a corporation, partnership, firm,
busine!8, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official,l or employee of the City of Virginia Beach have an interest in the
subject land? Yes ~ No JZl
If yes. what is the name of the official or employee and the nature of their interest?
ConditIonal Remnlng AI tpIca1Ion
Page t1 or 12
Revilllld 11/16/2008
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SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 12
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· DISCLOSURE STATEMENT I
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list If necessary)
1 .Parent-subsldlary relationship' means "8 relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.. See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship. means "8 relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest In the other business entity, (II) a controlling owner in one entity is also 8 controlling
owner in the other entity, or (iii) there is shared management or control between the business
entitles. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entitles; there are common or commingled funds or assets; the
business entitles share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there Is otherwise a close working relationship
between the entities," 596 State and Local Governmenl Conflict of Interests Act. Va. Code S
2.2-3101.
CERnFICA liON: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) thet the application has been scheduled for
public hearing, I am responsible fOf obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Plan 10 t raph and view the site for purposes of processing and evaluating this application.
A~~ L. ~
Print Name
--rh... -\~1h.... Gr~~f L-LLP
\h 0 "" "-" L., .s r'''tck,
PrintName '\~\\-.H, ,..l A~...+
CondllionaI Rezoning Applic8tion
Page 12 of 12
Revised 71312007
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 13
~~l.... '>~,-..'" ',"~ ---"', ''':'f- ...., "....<'..r-"~~... ~_~~;;.' .~...'~ "'~"""'1l'~" ~* :~"J ~~- , , 1,1
'".~,_\l~,,''.$'"~''''' I ~ .....~ :~ :!.. ~ ,~~ !:~.~,,.,/; :>;?.;tlJ.~"'iot'''''Yf:-~~~~Z'":Y~ft''r'o/~''''l'?~~~~~~~
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Dr. J._ G. Merrill, Superintendent (757) 263-1007
Dianne P. Alexander, Clertl 01 the Board (757) 263-1016
2512 George MalOl'l Drive, P.O. lox 6038, Virginia Beach, VA 23456-0038
Mr. Daniel D. "Dan" Edwards
Chairman
1513 Beachview Drive
Virginia Beach, VA 23464
Mrs. Rita Sweet Bellitto
Vice-Chailrman
P.O. Box 6448
Virginia Beach, VA 23456
Mr. Todd l:. Davidson
2424 Savannah Trail
Virginia Beach, VA 23456
Mrs. Emma L. "Em" Davis
1125 Mlchaelwcoo Drive
Virginia Beach, VA 23452
Mrs. Patrilcia G. Edmonson
401-205 Harbour Point
Virginia Beach, VA 23451-7130
Mr. Edward F. Fissinger, Sr.
412 Becton Place
Virginia Beach, '''A 23452
Mr. Dan R. Lowe
4617 Red Coat Road
Virginia Beach, '''A 23455
Mr. Lyndon S. Remias
3225 Nansemord Loop
Virginia Beach, '/A 23456
Ms. Sandr,iI Smith-Jones
705 Rock Creek Court
Virginia Beach, '/A 23462
Mr. Michali!1 W. Stewart
105 Brentwood :::Ourt
Virginia Beach, 'fA 23452
Mrs. Carolyn D. Weems
1420 Oaudla Drive
Virginia Beach, 'fA 23455
District 1 - Centerville
July 1, 1998 - December 31,2008
At-Large
July 1, 2004 - December 31, 2008
At-Large
July 1, 2006 - December 31, 2010
District 5 - Lynnhaven
July 1,2002 - December 31,2010
District 6 - Beach
July 1, 2006 - December 31, 2010
At-Large
July 1, 2004 - December 31,2008
District 4 - Bayside
July 1, 1998 - December 31, 2010
District 7 - Princess Anne
July 1, 2006 - December 31,2010
District 2 - Kempsville
July 1, 2004 - December 31, 2008
At-Large Seat
July 1, 2000 - June 30, 2004
District 3 - Rose Hall
July 1, 2000 - December 31, 2008
At-Large
July 1, 2002 - December 31, 2010
717-0259 (cell)
495-3551 (home)
495-9576 (fax)
dedwscolbd@aol.com
418-0960 (cell)
sweet4schools@earthlink.net
427-3330 (office)
285-9409 (cell)
430-6447 (fax-office)
tcdavi@verizon,net
340-8911 (home)
340-1981 (fax)
edavis209@cox.net
675-0137 (cell)
Pat_schoolboard@hotmail.com
486-4567 (home)
216-3887 (fax)
ed. fissinger@Verizon.net
490-3681 (home)
490-3681 (fax)
drlowe2345@aol.com
630-6102 (cell)
Lremias@yahoo.com
490-8167 (home)
490-8167 (fax)
vote4smithjones@aol.com
498-4303 (home)
445-4637 (office)
444-0698 (fax-office)
mrosehall@aol.com
464-6674 (home)
363-8281 (fax)
carolyn4klds@cox,net
~RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
DISCLOSURE STATEMENT
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH
Agenda Item 24
Page 14
I I
I .11
Item #24
School Board, City of Virginia Beach
Change of Zoning District Classification
East side of Harpers Road
District 6
Beach
June 11, 2008
CONSENT
Joseph Strange: The next item is item 24. An application of the School Board, City of
Virginia B each for a change of Zoning District Classification from AG-1 and AG-2
Agricultural District to Conditional 1-2 Heavy Industrial District on property located on the
east side of Harpers Road, approximately 6900 feet south of Ocean Boulevard, District 6,
Beach District, with three proffers.
Tony Arnold: Good afternoon. I'm Tony Arnold, Director of Facilities for the school
system. Thanks for placing us on the consent agenda. The application is fine as presented.
Janice Anderson: Thank you.
Joseph Strange: Is there any opposition to placing this matter on the consent agenda? The
Chairman has asked Jay Bernas to review this item.
Jay Bernas: Thank you Vice Chairman Strange. The applicant proposes to rezone the site
from AG-l and AG-2 Agricultural to Conditional 1-2 Heavy Industrial. They would like to
develop this site with a school bus maintenance facility. They are planning to relocate the
existing bus maintenance facility at Oceana Boulevard and West Lane, in Oceana Village.
The proposed plan depicts a 63,000 square foot maintenance facility, a two-story 15,000
square foot support offices, parking spaces, and a future storage yard expansion. The
applicant is also seeking LEED certification for those facilities. The Commission agrees that
the consolidation of the school bus maintenance operations on the one site is acceptable. In
addition, the Navy has reviewed this application and finds that it is compatible with the
restrictive easement that is existing on the property. We appreciate the fact that the School
Board is going out of its way to provide an energy efficient and environmentally building,
and therefore the Commission has placed this on the consent agenda for approval.
Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 24.
Janice Anderson: Is there a second? We have a second by Kathy Katsias.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
Item #24
School Board, City of Virginia Beach
Page 2
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
RUSSO
STRANGE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 24 for consent.
1,1
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. OF-7090
DATE: June 25, 200a
FROM:
Leslie L. Lille~~
B. Kay Wilso~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; School Board of the City of Virginia Beach
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July a, 200a. I have reviewed the subject proffer agreement, dated April
21, 200a 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/bm
Enclosure
cc: Kathleen Hassen
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
THE TAYLOR GROUP, LLLP AND THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH, VIRGINIA TO THE CITY OF VIRGINIA BEACH
. st' ~
ThIS Agreement, made the ~ day of . , 2008, by and between THE
TAYLOR GROUP, LLLP ("Taylor Group") and E SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH, VIRGINIA (the "School Board") (Taylor Group and the
School Board shall be collectively referred to herein as the "Grantor"), and THE CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of
Virginia ("Grantee").
WITNESSETH:
WHEREAS, Taylor Group is the owner of that certain parcel of property (the
"Property") located in the City of Virginia Beach, Virginia, containing approximately
20.00 acres and more particularly described as follows:
All '~he certain lot, piece or parcel of land, with the building and
improvements thereon, containing 20 acres of land, situate lying and
being in the Princess Anne Borough of the City of Virginia Beach,
Virgi.nia, and being known, numbered and designated as Tract A, as
shov.n on that certain plat entitled, "RESUBDIVISION OF PART OF
THE PROPERTY OF THE TAYLOR GROUP, L.P., A VIRGINIA
LIMJTED PARTNERSHIP, PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VIRGINIA", Scale 1" = 200', January 15, 1993
(MB3, P 5; MB 6, P 217; MB 10, P 76; MB 156, P 23 & 24), which
said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 226, at pages 7, 8,
and 9.
WHEREAS, by agreement of sale, Taylor Group has agreed to sell the Property to
The School Board of the City of Virginia Beach, Virginia (the "School Board"); and
WHEREAS, the School Board (on behalf of Taylor Group) has initiated a
conditional amendment to the Zoning Map of the City of Virginia Beach, by petition
addressed to the Grantee so as to change the Zoning Classification of the Property from
AG-l to Conditional 1-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation; and
WHEREAS, Grantor acknowledges that the competing and sometimes
incompatible m;es conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection cf the community that are not generally applicable to land similarly zoned
I I
are needed to cope with the situation to which Grantor's rezoning application gives rise;
and
WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical redevelopment, operation and use of the Property to be adopted, as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use
of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through Grantor, its successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown on
the exhibit entitled, "Rezoning Site Development Plan", dated February 27,2008,
prepared by Landmark Design, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Concept Plan").
2. When the building depicted on the Concept Plan is developed, its exterior
appearance shall be substantially similar in architectural features, details and
building materials to the exhibit entitled, "Proposed Rezoning Building
Elevations", dated February 27,2008, and prepared by Dills, Ainscough, Duff
Architects, which has been exhibited to the Virginia Beach City Council and are
on file with the Virginia Beach Department of Planning (hereinafter referred to as
the "Elevations").
3. Further conditions may be required by the Grantee during detailed Site Plan
and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the A-I and 1-2 Zoning District and to the
requirements and regulations applicable thereto refer to the Comprehensive Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in
force as of the date of approval of this Agreement by City Council, which are by this
reference incorporated herein.
The above conditions, having been proffered by Grantor and allowed and
accepted by 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 Propf:rty and specifically repeals such conditions. Such conditions shall continue
despite a subsequent amendment to the Zoning Ordinance even if the subsequent
amendmf:nt is part of a comprehensive implementation of a new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may
be repealed, amended, or varied by written instrument recorded in the Clerk's Office
of the CiIcuit Court of the City of Virginia Beach, Virginia and executed by the
record owner of the Property at the time of recordation of such instrument, provided
that said instrument is consented to by the Grantee in writing as evidenced by a
certified (:opy of an ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee which was advertised pursuant to
the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said
ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
Grantor covenants and agrees that:
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
nonco:npliance 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 actions, 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 a decision of the Zoning Administrator, made pursuant to these
provisions, Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning Department, and they
shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and indexed in the names of the Grantor and the Grantee.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.)
I I
WITNESS the following signatures and seals:
GRANTOR:
THE TAYLOR GROUP, LLLP
By:
Name:
(SEAL)
J.e~
ate: ~O~
STATE OF Vjr.gl~
CITY/COUNTY'8F ~I",j u Bp u...rCtl , to-wit:
The foregoing instrument was acknowledged and sworn before me this OfcSt'day
of~,2008bY I . ~ r ,as
B.L-th)(j kd ~Y1t on behalf of ex-.., \ \ \ \\111 It'll f
"" N\. CHA fIll
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i REGISTRATION ~ =-
; NUMBER : ~ =
~~'" 211471.....tf
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//,.;:.~ALn\ O~ ~"........
If \\\
11111 1111\\
My Commission Expires:
My Registration No.
1-3/-0'1
c:;)114+1
GRANTOR:
THE SCHOOL BOARD OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
By:
..' -
COMMONWEALTH OF VIRGINIA
",
CITY OF VIRGINIA BEACH, to-wit: .' .' .
,
The foregoing instrument was acknowledged and sworn before me this ~~iay ',.:.;.,;\....:../
of fYltu...L. ',2008 by 1'o~V\ S. V-alocO-Y , on behalfofthe School Boar4.of.,~,."/
the~nia Beach, Virginia.
I.~~. !)~
NOT AR PUBLIC
My Commission Expires: ?!:p!a --&) 7/JID
My Registration No. I 'l2 /)lf4- I
v...,"'_'"__mw__",.~~t4 ~ ~
GRANTOR:
THE SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH,
VIRGINIA
COMMONVffiAL TH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The f4)regoing instrument was acknowledged and sworn before me this
21'8 day of~, 2008 by James G. ~errill, on behalf of the School Board of
the City of Virginia Beach, Virginia. IPho ,oS ~~ ~ fo ~
~-~~
NOTARY PUBLIC
My Commission Expires: 5~1- 30 j 2()IO
My Registration No: /'3'731
Office of the Superintendent
MAY 2 7 2008
- 43-
Item V-L6.
PUBLIC HEARING
PLANNING
ITEM # 43681
The following registerl!d in SUPPORT:
Attorney R, J. Nutter, 4425 Corporation Lane. Phone: 528-3214, represented the applicant
Charles A. Taylor, 436 Lineberry Road, Phone: 486-2772. represented Mayor's Committee for the Aging
Everett G. Johnesee, 3;!88 Page Avenue, Phone: 496-0468,
Bill Buono, 3109 LynnJlQVen Drive, Phone: 481-/740, Chairman of the Great Neck Association of Civic
Leagues. represented the Board of Directors - Lynnhaven Colony Civic League, distributed a copy of
correspondence from William Schelling, President - Lynnhaven Colony Civic League. Said letter is hereby
Made a part of the record.
Thefollowing registered in OPPOSITION:
Benjamin E. Joyce, 230.1-204 Beach Haven Drive, Phon: 481-5182, represented the citizens of Shore Drive
William Balzer, 2312-304 Beach Haven Drive, Phone: 496-1997. represented the Lynnhaven Beach Condo
Association
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance
upon application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for a
Conditional Use Permit:
ORDINANCE UPON APPUCATION OF WESTMINSTER-
CANTERBURY OF HAMPTON ROADS, INC. FOR A
CONDITIONAL USE PERMIT R06982198
BE IT HEREBY ORDALVED BY mE COUNCIL OF mE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Westminster-Canterbury of
Hampton Roads, Inc., for a Conditional Use Permit for a home
for the aged, disabled or handicapped (extension) at the
nOl1hwest comer of Shore Drive and StarfISh Road. Said parcel
is ioeated at 3100 Shore Drive and contains 12,639 acres.
LYNNHAVEN BOROUGH.
The following conditiom' shall be required:
1. ThE' conditional use permit is approved for the addition of a four-
levd parking structure, 164 independent living units and minor
revisions to the existing structure, as depicted on the submitted
site plan. Development shall substantially conform to the site
plail prepared by SFCS Architects and on file with the
Department of Planning.
2. Prior to final site plan approval, more detailed architectural
renderings, elevations, and material and color samples shall be
submitted for review and approval by the Planning Director or
designee, to ensure compatibility with the existing senior housing
faci rity and the surrounding area.
June 9, 1998
I I
- 44-
Item V-I.6.
PUBLIC HEARING
PLANNING ITEM # 43681 (Continued)
3. The applicant shall be responsible for any access improvements
deemed necessary by City Traffic Engineers, upon completion of
the review of the submitted traffic impact study.
4. Revisions to the depicted inflltrationsystem configuration(s) may
be required in conjunction with final site plan review.
5. The parlcing structure design shall include walls at each level of
sufficient height to screen automobile headlights, to prevent
glare onto adjacent properties.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June. Nineteen Hundred and
Ninetv-Eight.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker. Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Linwood O. Branch, III and William W. Harrison, Jr.
Council Members Absent:
None
Councilman Branch ABSTAINED as he has family members who are reside at Westminster-Canterbury
Councilman Harrison ABSTAINED as his law firm represents the applicant.
June 9, 1998
WESTNII NSTER-CANTERBU RY
M Atap 11;-:2 Westminster-Cantebu
~
r
Modification of Conditions
Relevant Information:
· Lynnhaven District
· The clpplicant proposes to modify the conditions of an existing Use
Permit to allow the addition of a 2 to 3-level parking structure on the
southeastern corner of the site.
· The proposed architectural design of the proposed structure is in
keeping with the existing retirement facility and parking structure
and will utilize the same building materials that are currently used on
the buildings located on the site.
· The clpplicant volunteers to make a donation to the City's Tree
Rest4>ration - Shore Drive Area Trust Fund in the amount of $4,000 to
partially offset the loss of live oak (Quercus Virginia) trees on the
propl~rty to be developed.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· Them was no opposition. Consent Agenda.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. for a
Modification of Conditions for a request approved by City Council on June 9,
1998. Property is located at 3100 Shore Drive (GPIN 1590004510). AICUZ is Less
than 65. DISTRICT 5 - L YNNHA VEN.
MEETING DATE: July 8,2008
. Background:
A Conditional Use Permit permitting a Home for the Aged, Disabled, and
Handicapped was approved by the City Council, on June 9, 1998. The applicant
proposes the addition of a 2 to 3-level parking structure on the southeastern
corner of the site. Condition 1 of the 1998 Use Permit requires the site be
developed substantially in accordance with the site plan submitted at that time.
The applicant is requesting a modification of that condition to allow construction
of a second parking structure that was not shown on that plan.
. Considerations:
The proposed parking structure will be situated over the existing surface parking
lot located at the southeastern corner of the site. The proposed structure will be
two levels in height along Shore Drive, graduating to three levels in height, 65
feet from Shore Drive. The applicant anticipates a six to eight month construction
schedule. Currently, 110 parking spaces are located on the surface parking lot
where the parking structure will be constructed. When the structure is under
construction and these spaces are unavailable, the applicant will enter into a
series of agreements for off-site satellite parking on properties located within the
Shore Drive Corridor. The applicant will provide transportation to and from the
off-site lots. Additionally, vehicles of residents who no longer use those vehicles
will be taken to long term off-site storage facilities. The applicant believes this
plan will provide sufficient parking for residents during the construction of the
parking structure. The proposed parking structure will provide 252 parking
spaces, which will result in a net gain of 142 parking spaces on the site.
The proposed architectural design of the proposed structure is in keeping with
the existing retirement facility and parking structure and will utilize the same
building materials that are currently used on the buildings located on the site.
The proposed structure provides some architectural detail in the form of 'coastal'
style towers at each end of the structure and planters on the second and third
levels. The overall height of the structure is 36.5 feet. .
Westminster-Canterbury of Hampton Roads, Inc.
Page 2 of 3
The Pia rming Commission placed this item on the consent agenda because the
proposed parking garage will be compatible to the existing building, will increase
the number of parking spaces on the site by 142, and there was no opposition to
the proposal.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. All conditions with the exception of Number 1 attached to the Conditional Use
Permit granted by the City Council on June 9, 1998 remain in affect.
2. Condition Number 1 of the June 9, 1998 Conditional Use Permit is deleted
and replaced with the following:
a. The parking structure shall be developed substantially in accordance
with the submitted "SITE PLAN DIAGRAM AND CONCEPTUAL SITE
PLAN - WESTMINSTER CANTERBURY" prepared by WPL
Landscape Architects Land Surveyors Civil Engineers, dated April 1,
2008. Said plans have been exhibited to the City of Virginia Beach City
Council and are on file in the Planning Department.
b. The parking structure shall be constructed substantially in accordance
with the submitted "PERSPECTIVE PLANS LABELED 1-3,
ELEVATIONS LABELED 4, SITE PLAN LABELED 5, AND LEVEL
ONE, TWO, AND THREE LABELED 6, 7, AND 8" prepared by SFCS,
dated March 27,2008. Said plans have been exhibited to the City of
Virginia Beach City Council and are on file in the Planning Department.
c. Trees on the site shall be preserved to the greatest of the applicant's
ability substantially in accordance with the submitted "TREE
PRESERVATION PLAN - WESTMINSTER CANTERBURY", prepared
by WPL Landscape Architects Land Surveyors Civil Engineers, dated
May 14, 2008. Said plans have been exhibited to the City of Virginia
Beach City Council and are on file in the Planning Department.
3. The applicant volunteers to make a donation to the City's Tree Restoration -
Shom Drive Area Trust Fund in the amount of $4,000 to partially offset the
loss of live oak (Quercus Virginia) trees on the property to be developed.
. Attachments:
Staff Revi ew
Disclosur(;! Statement
Planning Commission Minutes
Location Map
I I
Westminster-Canterbury of Hampton Roads, Inc.
Page 3 of 3
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department t\ ~
City Manager: ~ "'? J <1J 6fl't · "\.
WEST'MINSTER-
CANTERBURY OF
HAMF'TON ROADS,
INC.
Agenda Item 1 0
June 11, 2008 Public Hearing
M. ^1ff !Is!.,. Westminster-Canterbu
REQUEST:
+
r
Staff Planner: Faith Christie
MoclificaOcm of Conditions
Modification of the Conditional Use Permit approved by the City Council on June 9, 1998 for a Home for
the Aged, Disabled and Handicapped
ADDRESS I C ESCRIPTION: Property located at 3100 Shore Drive
GPIN:
15900045100000
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
12.19 ACRES
SUMMARY OF REQUEST
The applicant )roposes the addition of a 2 to 3-level parking
structure on the southeastern corner of the site. The proposed parking structure will be situated over the
existing surface parking lot. The proposed structure will be located 9.79 feet from the property line
adjacent to Shore Drive at the closest point, and 52.92 feet from the property line adjacent to Starfish
Road. The proposed structure will be two levels in height along Shore Drive, graduating to three levels in
height, 65 feet from Shore Drive. The applicant anticipates a six to eight month construction schedule.
Currently, 110 parking spaces are located on the surface parking lot where the parking structure will be
constructed. When the structure is under construction and these spaces are unavailable, the applicant will
enter into a sel"ies of agreements for off-site satellite parking on properties located within the Shore Drive
Corridor. The applicant will provide transportation to and from the off-site lots. Additionally, vehicles of
residents who no longer use those vehicles will be taken to long term off-site storage facilities. The
applicant believes this plan will provide sufficient parking for residents during the construction of the
parking structure. The proposed parking structure will provide 252 parking spaces, which will result in a
net gain of 14i parking spaces on the site.
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 1
I I
The proposed architectural design of the proposed structure is in keeping with the existing retirement
facility and parking structure and will utilize the same building materials that are currently used on the
buildings located on the site. The proposed structure provides some architectural detail in the form of
'coastal' style towers at each end of the structure and planters on the second and third levels. The overall
height of the structure is 36.5 feet.
The Conditional Use Permit permitting a Home for the Aged, Disabled, and Handicapped was approved
by the City Council on June 9, 1998. The Conditional Use Permit has five (5) conditions:
1. The Conditional Use Permit is approved for the addition of a four-level parking structure, 164
independent living units, and minor revisions to the existing structure, as depicted on the
submitted site plan. Development shall substantially conform to the site plan prepared by SFCS
Architects and on file with the Department of Planning.
2. Prior to final site plan approval, more detailed architectural renderings, elevations, and materials
and color samples shall be submitted for review and approval by the Planning Director or
designee, to ensure compatibility with the existing senior housing facility and the surrounding
area.
3. The applicant shall be responsible for any access improvements deemed necessary by City
Traffic Engineers, upon completion of the review of the submitted traffic impact study.
4. Revisions to the depicted infiltration system configuration(s) may be required in conjunction with
final site plan review.
5. The parking structure design shall include walls at each level of sufficient height to screen
automobile headlights, to prevent glare onto adjacent properties.
Condition 1 requires the site be developed substantially in accordance with the submitted site plan. The
applicant is requesting a modification of that condition in order to construct a second parking structure as
described above.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Retirement community, 4-level parking structure, surface lot parking, and mature
landscaping.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Chesapeake Bay
. Shore Drive
. Across Shore Drive are several small strip shopping centers /
B-2 (SO) Business with a Shore Drive Corridor Overlay
. Starfish Road
. Across Starfish Road are multi-family dwellings I B-4 (SD)
Mixed Use with a Shore Drive Corridor Overlay
. Multi-family dwellings I B-4 (SD) Mixed Use with a Shore Drive
Corridor Overlay
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located within a Resource Management Area of the
Chesapeake Bay Preservation Area. The site is landscaped with mature
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 2
live oak and pine trees, and shrubs, perennial and annual flowers. Eight
trees will be lost to the construction of the parking structure.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TI~ANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shore
Drive in front of this site is a four-lane divided arterial. The Master Transportation Plan (MTP) depicts the
roadway as a 150-foot wide divided highway with a bikeway. Improvements to this section of Shore
Drive are idEmtified in the Shore Drive Corridor Improvements Plan Phase III and are currently listed as
inactive.
TRAFFIC: Str'eet Name Present Present Capacity Generated Traffic
Volume
Shore Drive 41,400 ADT ' 27,300 ADT 1 No change in generated
traffic as a result of the
construction of the
parking structure.
Average Dally Tnps
WATER and SEWER: The site is connected to City water and sewer.
SCHOOLS: School populations are not affected by the request.
Recommendation:
Staff recommel1ds approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as being within the Primary Residential Area - Shore
Drive Corridor. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall
character, economic value, and aesthetic quality of the stable neighborhoods in the Primary Residential
Area.
Evaluation:
The request to modify the existing Conditional Use Permit, approved by the City Council on June 9, 1998.
to allow the construction of a 2 to 3-level parking structure is acceptable. The applicant appeared before
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 3
I I
the Bayfront Advisory Committee and received a favorable response. The proposed structure will replace
an existing surface lot parking, netting a gain of an additional 142 parking spaces for the existing
residents. The applicant has taken care to limit the scale of the proposed structure to the height of
adjacent buildings, thus maintaining the existing scale along this portion of Shore Drive. While the
proposed structure does not meet the required setback along Shore Drive, Section 221 (i) of the City
Zoning Ordinance allows the City Council to consider and approve a Conditional Use Permit with
deficiencies such as a setback below the minimum if it is determined that the deficiencies are offset by
the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding
area. It is staffs opinion that the reduced setback is compatible with surrounding properties and will result
in no further detriment than that potentially caused by existing multi-family projects adjacent to and
surrounding the subject site. Therefore staff recommends approval of the request subject to the
conditions listed below.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on June 9, 1998 remain in affect.
2. Condition Number 1 of the June 9, 1998 Conditional Use Permit is deleted and replaced with the
following:
a. The parking structure shall be developed substantially in accordance with the submitted "SITE
PLAN DIAGRAM AND CONCEPTUAL SITE PLAN - WESTMINSTER CANTERBURY"
prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated April 1, 2008.
Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the
Planning Department.
b. The parking structure shall be constructed substantially in accordance with the submitted
"PERSPECTIVE PLANS LABELED 1-3, ELEVATIONS LABELED 4, SITE PLAN LABELED 5,
AND LEVEL ONE, TWO, AND THREE LABELED 6, 7, AND 8" prepared by SFCS, dated
March 27, 2008. Said plans have been exhibited to the City of Virginia Beach City Council and
are on file in the Planning Department.
c. Trees on the site shall be preserved to the greatest of the applicant's ability substantially in
accordance with the submitted "TREE PRESERVATION PLAN - WESTMINSTER
CANTERBURY", prepared by WPL Landscape Architects Land Surveyors Civil Engineers,
dated May 14, 2008. Said plans have been exhibited to the City of Virginia Beach City Council
and are on file in the Planning Department.
3. The applicant volunteers to make a donation to the City's Tree Restoration - Shore Drive Area Trust
Fund in the amount of $4,000 to partially offset the loss of live oak (Quercus Virginia) trees on the
property to be developed.
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.
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 4
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Agenda Item 10
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WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 10
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Modification of Conditions
1. 6/9/98 Conditional Use Permit (Home for the aged, handicap or Approved
disabled - extension)
11/14J77 Conditional Use Permit (Home for the aged, handicap or Approved
disabled)
4/11/74 Rezoning (B-4 Resort Commercial to H-2 Hotel) Withdrawn
8/21/72 Street Closure Ap roved
2. 11/27/01 Conditional Use Permit (Multi-family dwellings) Approved
10/2/01 Conditional Use Permit Multi-famil dwellin s Denied
3. 8/8/95 Street Closures Kleen Street and Ocean A venue A roved
4. 12/3/02 Conditional Use Permit Multi-famil dwellin s Approved
5. 1 0/29/96 Vacate 20-foot easement A proved
ZONING HISTORY
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 11
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DISCLOSURE S1 A TEMENT I
o Check here If the applicant is NOT a corporation. partnership. firm, business. or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only If property owner Is different from applicant.
If the property owner is a corporation. partnership, finn. business, or other
unincorporated organization, complete the following:
1. list the property owner name followed by the names of all officers, members,
/ 'trustees. partners. etc. below: (Attach list if necessary)
'A
2. Ust all businesses that have a parent-subsidiary' or affiliated business entity'!
relationship with the applicant: (Attach list If necessary)
\ ~'A
o Check here if the property owner is NOT a corporation. partnership, firm, business,
or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land?
Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
Moditlcatlon of ~ AppIk:8tlon
Page 10 of 11
ReIIised 7/3107
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DISCLOSURE STATEMENT
WESTMINSTER-CANTERBURY OF HAMPTON ROADS. INC.
Agenda Item 10
Page 12
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DISCLOSURE STATEMENT]
ADDITIONAL DISCLOSURES
L~,t all known contractors or businesses that have or will provide services with respect
to the requested property use. including but not limited to the providers of architectural
se rvjces, real estate services, financial services, accounting services, and legal
J81Mces: (Attach list if necessary)
'/Letml - Troutman Sanders LLP
i/
1 l..J:rl1dscaoe ArchitecturelTree Preservation Studv - WPL
/
AII:f\ledurelEnafneertna - SFCS and WPL
~ntractor - W. M. Jordan
1 .Parent-subsldlary relationship" means "a relationship that exists when one
colporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Into rests Act, Va. Code ~ 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than
palent-subsldlary relationship. that exists when (I) one business entity has a
corltroDlng ownership interest in the other business entity, (ii) a controlling owner in
ono entity is also a controlling owner in the other entity I or (iii) there is shared
management or control between the business entities. Factors that should be
considered in detennining the existence of an affiliated business entity relationship
Include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is othelWise a close working relationship
betN88n the entities" See State and Local Government Conflict of Interests Act, Va.
Code S 2.2-3101.
CEFtTIFICATION: I certify that the Information contained hetein Is true and accurate.
J understand thet. upon re<:eipt of notIfi<;ation (postcard) that the applicetion has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
leas I 30 days prior to the scheduled public hearing according to the nstrucltonS In this package. The
unclflrslgned also consents to entry upon the subject property by employees of the Department of
Plal1n1ng to photograph and view the site for purposes of p!!>c"slng and evaluating this application.
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VBv: ''If// it(a~; i~t"~ / tt'1i ~.:.{(A t~ t,~ n~o_"'~. ~: <~ ({, .. ,
App1Icant'.\ SigDature Print Name
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Prop my OwDer's SiptUre (if d.if1mDl than applicant)
Print Name
MocIlftcetil:nofConlllloN ~
Page 11 0' 11
Rlw\S8d 113101
DISCLOSURE STATEMENT
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.
Agenda Item 10
Page 13
I I
Page 1 of 1
Faith Christie
From: Bill Verebely [verb@visLnet]
Sent: Wednesday, June 11, 2008 10:43 AM
To: Faith Christie
Subject: Westminster-Canterbury
Faith:
Sorry I did not have time to complete my thoughts in my earlier email concerning the proposed parking garage.
My neighbors and I do not oppose the new parking structure. It looks well designed and thought out.
During the construction of the last project our neighborhood was disrupted by the noise, construction traffic, and
lack of parking in the area. We understand that was going to end after the building and parking garage were
completed. We put up with the turmoil and after awhile it was over.
Parking in the neighborhood was still a problem. Westminster bought a lot to the East of us on Ocean Ave. and
built a satellite parking lot. We were told that this lot was for employees. The employees use up the available
public street parking first, because it is a shorter walk to the building. I was told by Westminster management that
these "were public spaces and that they could not keep their employees from using them". So the satellite parking
lot is half vacant most days. They also us part of the Lynnhaven Fishing Pier's parking lot which brings some of
their parking within 10' of my front windows. Their employees work a 12 hour day so there are many days that at
7:00 am and again at 7:00 pm we are disturbed by loud talking and car radios blaring. Many times we have had to
go out to them and ask them to reduce the noise, Trash is often left on the pavement. Everything from drink cups
to sandwich wrappers. These often end up on our property for us to pick up.
When their employees do use the satellite lot, many walk down our private driveway to get to Starfish Road. I
understand that it is the shortest path from their parking lot to their building and that our building structure is
cantilevered so that on rainy days it offers some protection. We park under our units and when we drive out its
around a blind corner. Several of my neighbors have almost run over their employees because we could not see
them walking so close to our building.
Now for the solution. Dedicate the satellite parking lot for long term parking and fill it up. Their security guards can
check it now and then. Provide "on site" employee parking in the spaces freed up by the relocation of long term
parking move. This keeps the noise and trash away from the neighbors. It is also a shorter distance to the
building. Shorter than the street public parking spaces they nqw occupy. Also the path from the parking garage
may have a weather protected path to protect their employees ob rainy days.
I know you are in the planning session at this time but hope you get this before the noon session. I can not be
there today but will be at the Council meeting to express our concerns.
Best wishes,
William M. Verebely, Jr., A.I.A,
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Faith Christie
From: Bill Verebely [verb@visLnet]
Sent: Wednesdai, June 11, 20087:54 AM
To: Faith Christie
Subject: Westminstor-Canterbury
Faith:
It is with great hope that as Westminster adds parking that they would provide for employee parking on site. My
neighbors and I can not have our kids and grand kids visit during most of the year because Westminster's
employees use the few public spaces on the street. Now with summer here, beaches open, fishing pier open, no
parking can be found. Hope they are being required to provide enough parking for their staff as well as residents.
Best wishes,
William M. Verebely, Jr, NCARS
6/11/2008
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2308-2314 S~fi!lloo.d
ViItginia 9Jeacfi, Va 23451
../KIi.!l). William 9'ine-Vke [f~Uknt
W~~Wt-&ur.wtDwuj on ~apealie 9JCUj
3100 Sfw-w !l)ttilre
Vittginia 9Joodt, Va 23451
apttil17, 2008
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Signed.:
Item # 10
W estminster-Cant,~rbury of Hampton Roads, Inc.
Modification of Conditions
3100 Shore Drive
District 5
Lynnhaven
June 11,2008
CONSENT
Joseph Strange: The next matter is agenda item 10. An application of Westminster-
Canterbury of Hampton Roads, Inc. for a Modification of Conditions for a request approved
by City Council on June 9, 1998. The property is located at 3100 Shore Drive, District 5,
Lynnhaven, with three conditions.
RJ. Nutter: Thank you very much. Madame Chairperson, for the record, my name is RJ.
Nutter, I'm an attorney representing the applicant. I would like to recognize very briefly Erle
Marie Latimer and Bill Pine who are here from Westminster-Canterbury along with David
Sparks, who is the President of the Resident Association. We appreciate being placed on the
consent agenda. All of the conditions are acceptable. And also, very briefly, I would like to
add that during the early morning session, the question came up about the staging area with
construction during the course of the destruction of this facility. All of the staging area will
be on site, on Westminster-Canterbury property. It will be located where the parking is now.
They move back a~; that structure grows. Once it reaches the completion, it will go back
another piece of property just by the loading area on the property, but will stay all of the time
on Westminster Ccmterbury property. So, I just wanted to clear that up for you. I mentioned
it to Faith as well. Again, thank you very much and appreciate being placed on the consent
agenda.
Janice Anderson: Thank you Mr. Nutter.
David Redmond: Excuse me a second. Mr. Nutter, have you seen this email?
R.J. Nutter: Yes we did. Faith shared it with us just prior to the session. We're going to get
in touch with them. Much of those issues have to do with the course of construction and
after construction the parking. They do have some off-site satellite parking, and we're
looking at contacting him directly about reducing impacts. We'll use even less of that
parking we believe as a result of this expansion.
David Redmond: There were a couple of things in here about using private driveway and
these sorts of things. I think Westminster-Canterbury may want to investigate.
RJ. Nutter: Exactly. I'll give it to Ms. Latimer, and she will follow up with them after the
meeting.
David Redmond: Okay. Great. Thank you
Item # 10
Westminster-Canterbury of Hampton Roads, Inc.
Page 2
R.J. Nutter: Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked Kathy Katsias to review this item.
Kathy Katsias: The applicant, Westminster-Canterbury of Hampton Roads, is asking for a
Modification of the Conditional Use Permit that was approved June 9, 1998. The property
located at 3100 Shore Drive. The applicant proposes the addition of a two to three level
parking structure on the southeastern corner of the site. The proposed parking structure will
be situated over the existing parking lot. The structure will be located 9.79 feet from the
property line adjacent to Shore Drive at the closest point, and 52.92 feet from the property
line adjacent to Starfish Road. The applicant anticipates the construction to take 6 to 8
months. Currently, they have 110 parking spaces. The structure will contain 252 parking
spaces, which will result in a net gain of 142 parking spaces on the site. Staff recommends
approval. We concur with staff, so therefore we placed it on the consent agenda. Thank you.
Joseph Strange: Thank you Kathy. Chairman, I have a motion to approve agenda item 10.
Janice Anderson: Is there a second? We have a second by Kathy Katsias.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 10 for consent.
I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Amendment to City Zoning Ordinance pertaining
to Communication Towers and Antennas.
MEETING DATE: July 8,2008
. Background:
An Ordinance amending City Zoning Ordinance regulations pertaining to
communication towers and building-mounted antennas, including definitions, pre-
application and application requirements, locational and landscaping and other
requirements, and zoning districts where permitted.
. Considerations:
In December of 2007, the City Council requested the City staff to review the
current zoning regulations pertaining to communication towers, particularly in
regard to the impact of new technologies, the affect of wireless communication
antennas on the ability of emergency responders to communicate, and the desire
for wireless communication providers to co-locate on existing facilities. The
proposed amendments are the result of staff's review, as well as the input of
representatives of the wireless communication providers and tower construction
firms.
The amendments to Section 111 redefine the terms "building-mounted antenna"
and "communication tower." The new definition of "building-mounted antenna"
contains technical changes only, and the new definition of "communication tower"
clarifies the term and preserves the existing exemptions for private home use of
satellite dishes and television antennas or licensed amateur radio operators. In
addition, a new definition, "wireless telecommunications equipment," is added as
a term encompassing antennas and their associated equipment.
The amendments to Section 232 revise and expand many of the existing
provisions regarding communication towers and add new requirements not
present in the current ordinance. Some of the provisions have been incorporated
into the revised ordinance (e.g., setbacks, landscaping). A summary of the
changes are provided in the attached staff report.
CITY OF VIRGII~IA BEACH - AMENDMENT TO THE ZONING ORDINANCE
COMMUNICA TI ON TOWERS AND ANTENNAS
Page 2 of 2
. Recommendations:
The Planning Commission voted 10-0 to recommend approval of the
amendments; however, the commission modified the proposed ordinance to
allow, with a Use Permit, a communication tower to locate in an area zoned P-1
Preservation District that is used or set aside for purposes of preserving open
space in its undeveloped or natural state.
The ver~iion of the ordinance recommended by staff recommended that towers
be 'not permitted' in such areas. The staff version allows towers in areas zoned
P-1 Preservation only if those areas are used for recreational purposes (golf
course, ball field, etc.). Staff recommends that City Council not adopt the
Plannin9 Commission's modification of this provision of the ordinance, as the
vast majority of areas that are zoned P-1 Preservation and are 'used for
purposeB of preserving open space in its undeveloped or natural state' were
either acquired by the City for that purpose or set aside for that purpose as a
proffer of a zoning change or condition of a use permit. Such areas are not
appropriate locations for communication towers, their associated equipment, and
the access roadways that serve them.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval (without the modification of the P-1
District recommended by the Planning Commission). Planning Commission recommends
approval with modification to the P-1 District allowing towers in open space and natural areas).
)
Submitting Dep,artmentJAgency: Planning Department I . W
City ManagerR~ t, ~ l>'m. ~
I I
CITY OF VIRGINIA BEACH I
AMENDMENT TO THE CITY ZONING
ORDINANCE (COMMUNICA liON TOWERS
AND ANTENNAS)
Agenda Item 26
June 11, 2008 Public Hearing
REQUEST: .
An Ordinance amending City Zoning Ordinance regulations pertaining to communication towers and
building-mounted antennas, including definitions, pre-application and application requirements, locational
and landscaping and other requirements, and zoning districts where permitted.
SUMMARY OF AMENDMENT
In December of 2007, the City Council requested the City staff
to review the current zoning regulations pertaining to communication towers, particularly in regard to the
impact of new technologies, the affect of wireless communication antennas on the ability of emergency
responders to communicate, and the desire for wireless communication providers to co-locate on existing
facilities. The proposed amendments are the result of staff's review, as well as the input of .
representatives of the wireless communication providers and tower construction firms.
The amendments to Section 111 redefine the terms "building-mounted antenna" and "communication
tower." The new definition of "building-mounted antenna" contains technical changes only, and the new
definition of "communication tower" clarifies the term and preserves the existing exemptions for private
home use of satellite dishes and television antennas or licensed amateur radio operators. In addition, a
new definition, "wireless telecommunications equipment," is added as a term encompassing antennas
and their associated equipment.
The amendments to Section 232 revise and expand many of the existing provisions regarding
communication towers and add new requirements not present in the current ordinance. Some of the
provisions have been incorporated into the revised ordinance (e,g., setbacks, landscaping).
The changes are more particularly described below, by subsection:
. Subsection (a) [Lines 250-261] adds a statement of purpose, as the current ordinance does not
contain one. The unifying theme of the stated purposes is the desire to balance the need for
wireless telecommunications services with the goal of minimizing the number of communication
towers by requiring co-location where feasible and ensuring that new communication towers will
be located on sites where their visual impacts have been carefully evaluated.
. Subsection (b) [Lines 263-287] requires that a preapplication conference between the applicant
and Planning Director (or designated staff) be held for the purpose of determining the availability
of other potential sites for the proposed communication tower and discussing other issues
CITY OF VIRGINIA BEACH
Agenda Item 26
Page 1
relevant to the application. This provision formalizes the preapplication conference as a required
procEidural step in the applicationlreview process, as no application may be filed until a
preapplication conference has been held.
. Subst3ction (c) [Lines 289-396] sets forth application requirements intended to provide all
information necessary to effectively evaluate an application. Special provisions relating to
proteGtion of public safety communications facilities are added, as well as provisions intended to
allow the staff to evaluate whether the construction of a new a proposed communication tower
may he avoided by means of collocation of antennas on an existing site. In particular:
o Subdivisions (1) - (4) [Lines 292-317] are largely taken from the current ordinance;
engineering data, however, is required to be submitted under seal of a professional
engineer licensed to practice in Virginia.
o Subdivision (5) [Lines 319-336] is new. It provides that if a proposed communication
tower is to be located within one-quarter mile of any residential or apartment zoning
district or use, the applicant must submit balloon tests. computer-generated photographic
simulations showing the tower in its proposed location, visibility maps, and other
information necessary to assess the visual impact of the tower and its appurtenances.
The applicant must also provide a summary of the applicant's contacts with the residents
of the area regarding the proposed tower.
o Subdivision (6) [Lines 338-364], which is also new, essentially requires the applicant to
demonstrate a lack of availability of co-location opportunities or sites at which the visual
impact of a new communication tower would be less that at the proposed site. Specific
information required includes the absence of existing towers, monopoles or structures
meeting technical needs of the applicant within the appropriate geographic area;
engineering analyses demonstrating that the applicant's proposed equipment would
cause interference with the equipment on an existing tower of other structure or vice-
versa, or evidence that the contractual provisions required to co-locate the applicant's
antenna equipment on an existing communications tower, or to construct a
communications tower on property to be purchased or leased, would be commercially
unreasonable in light of the location of the proposed facilities.
o Subdivision (7) [Lines 366-382] is also new. It contains a requirement, for proposed
wireless telecommunications equipment to be located within one mile of an existing
public safety communications facility, that a detailed intermodulation study be submitted
under seal by a professional engineer licensed to practice in Virginia to determine
whether the proposed equipment will interfere with the public safety facilities.
o Subdivision (8) [Lines 384-387] requires a map illustrating that the proposed
communications equipment will not be located within a 200 - foot buffer of the microwave
path between any existing public safety communications sites. This provision is also
new.
o Subdivision (9) [Lines 389-396] is new, and applies to applications for proposed wireless
telecommunication equipment to be located on a water tank or within the secure area of a
water tank site. It requires a security plan showing the times at which access to the
proposed equipment will be allowed. the identities of the persons with authorized access
to such facilities and such other information as the Director of Public Utilities may require.
If a security plan is part of the lease between the City and the applicant, however, the
CITY OF VIRGINIA BEACH
Agenda Item 26
Page 2
I I
requirement does not apply.
. Subsection (d) [Lines 398-439] contains locational and design requirements for communication
towers. It sets forth the primary factors the City Council is to consider in determining whether to
grant or deny a conditional use permit for wireless telecommunication equipment. Those findings
include:
o Whether the antennas or other equipment intended to be affixed to a tower cannot be
accommodated on an existing or approved tower within such radius as is reasonably
necessary to provide adequate coverage and capacity;
o Whether the proposed tower is designed structurally and in all other respects to
accommodate both the planned equipment and comparable equipment of at least two (2)
additional users if the proposed tower is greater than one hundred (100) feet in height or
at least one additional user if the proposed tower is less than one hundred (100) feet in
height;
o Whether the proposed application conforms to the requirements of subsection (h),
pertaining to public safety communications facilities and water tanks; and
o Whether the applicant has agreed, in writing, to allow the co-location of the equipment of
other wireless telecommunications providers, to the extent of the capacity of the
proposed communication tower, upon commercially reasonable terms applicable to the
location of the proposed tower.
. Subsection (e) [Lines 441-447] contains construction requirements, which are generally similar to
existing provisions.
. Subsection (f) [Lines 449-485] sets forth landscaping and screening requirements, which are
generally similar to existing provisions.
. Subsection (g) [Lines 487-507] contains setback requirements generally similar to existing
provisions.
. Subsection (h) [Lines 509-535] adds new requirements concerning the protection of public safety
communication facilities and water tanks. These provisions are intended to ensure that the
operation of such facilities is not compromised by private wireless communications. In particular:
o No private wireless telecommunications equipment shall be allowed: (i) on sites with
public safety communications facilities or within the secure compounds of such sites; (ii)
in any location where the Director of Communication and Information Technology
determines, based upon an intermodulation study, that the operation of the proposed
wireless telecommunications facilities would present a substantial possibility of causing
interference with one or more public safety communications facilities and cannot be
satisfactorily mitigated; or (iii) in any location within a 200 - foot buffer of the microwave
path of any existing or future public safety communications microwave facility.
o No private wireless telecommunications equipment shall be allowed on any City water
tank or within the secure area of any water tank site unless there is a demonstrable
public need for wireless telecommunications services in the area to be served by such
facilities and there is no reasonable alternative site available. In such cases, the
CITY OF VIRGINIA BEACH
Agenda Item 26
Page 3
applicant shall be required, as a condition of the conditional use permit, to comply at all
times with the security plan approved by the City Council.
· Subsoction (i) [Lines 537-556] prohibits signage, incorporates Federal Communications
Commission and Federal Aviation Administration requirements and proVides for periodic
inspeGtions of communication towers by the City.
· SubsElction (j) [Lines 558-574], which is new, allows communication towers that are affixed to
major electric transmission line structures and that meet the requirements of the subsection as
permitted (Le., by-right) uses. The intent of this subsection is to encourage communication
tower:; on electric transmission towers by providing an incentive (Le., not requiring a conditional
use pt3rmit) to locate them on such towers. Building-mounted antennas are similarly encouraged,
but are not allowed at all unless they conform to the requirements of subsection (j).
The amendmElnts also revise the use tables found in the various district regulations of the ordinance,
primarily to reflect the definition modifications proposed for Section 111. The most significant change in
the use tables allows communication towers that are affixed to major electric transmission line structures
and that meet the requirements of the subsection (j) [last bullet above] as permitted (Le., by-right) uses.
RECOMMENDATION
Approval of the amendments is recommended. The amendments update Section 232 to reflect new
wireless communication technologies, protect the ability of emergency responders to communicate
without interference from private-sector wireless communication facilities, and ensure that all co-location
possibilities have been investigated.
CITY OF VIRGINIA BEACH
Agenda Item 26
Page 4
I I
Item #26
City of Virginia Beach
An Ordinance amending City Zoning Ordinance regulations
Pertaining to communication towers and building mounted
Antennas, including definitions, pre-applications and application
Requirements, locational and landscaping and other requirements
And zoning districts where permitted
June 11, 2008
REGULAR
Barry Knight: The last public item to be heard today is agenda item 26, City of Virginia
Beach. An ordinance amending City Zoning Ordinance regulations pertaining to
communication towers and building-mounted antennas, including definitions, pre-application
and application requirements, locational and landscaping and other requirements, and zoning
districts were permitted.
Janice Anderson: Mr. Macali.
Bill Macali: If you don't mind Madame Chairman and members of the Commission, I'll just
go through the PowerPoint once it comes up on the screen. We can go ahead and go through
it that way.
Janice Anderson: Thank you.
Kathy Katsias: Is it working?
Stephen White: I had to reboot it.
Bill Macali: This is kind of a Mac commercial.
Janice Anderson: You don't sing or dance Mr. Macali?
Bill Macali: No ma'am, I wish I did.
Janice Anderson: Okay. I'm just wondering. Maybe you had some hidden talents we didn't
know about.
Barry Knight: Would you like to practice your speech on us?
Bill Macali: What you see is what you get.
Stephen White: Here it comes. It's slow.
Bill Macali: Can we go to the next slide? First, as I mentioned in my briefing this morning,
the ordinance is not nearly as complicated and changes have not been nearly as extensive as
Item #26
City of Virginia Beach
Page 2
it would appear to be in your agenda, simply because we've repealed the existing ordinance
in its entirety and incorporated most of that, and added new things in the ordinance that's
deemed the "m:w ordinance" before you today. What we've done essentially is to formalize
the existing rev iew process. In other words, we've put into the ordinance actual written
requirements for things that the Planning Department and other City departments already do.
But it certainly doesn't hurt to formalize them, make them an absolute requirement for
anybody who i~; seeking a communication tower. It is just easier. No misunderstandings that
way. We've added a few new application requirements, which I'll mention. We've added a
few new standards by which the Planning Commission recommends, and the City Council
actually approves or denies Use Permit applications for communication towers. We've
added special requirements for public safety communication sites and water tanks. The
fourth category of things that the ordinance does is to provide incentives for the use of
electric transmission towers and existing buildings as sites for antennas. First thing that
we've done is to require that before an application is submitted, the applicant, the cell tower
provider, must have a pre-application conference with the Planning Department and other
interested City departments. At those meetings, they discuss co-location possibilities, the
possibility of putting a proposed tower at different sites. In issues related to things like
potential interft:rence with City sites and other antennas from the proposed antenna. Another
new requirement is that when a proposed site is within a quarter mile of a residential or an
apartment district or use, there is no magic in the quarter mile, we just thought it was a
reasonable figure to require this for, the applicant has to submit things like balloon tests,
computer generated photographs or other things that are needed to assess the visual impact of
the tower. Balloon tests of course, is the way you fly a balloon on a string. People get to see
pretty much what the tower is going to look like, at least where it is going to be and high it is
going to be. The applicant will also have to submit a summary of the proposed contacts with
the residents of the area. What do you plan on doing to notify all the people who live in this
area that there i:; going to be a cell tower application out there, and once those contacts have
occurred, the substance of them has to be reported to the Planning Department, that would be
well before the matter comes to the Planning Commission, so even before the Planning
Commission takes, or at least by the time the Planning Commission takes up the application,
there will be a very good sense on how the communities reacted to the proposed application.
These requirements are for the protection of public safety communication facilities. In order
to make sure that there won't be any interference with those communication facilities, which
is something that the City absolutely can't tolerate, police, communication, and fire, all of
those things. If a tower is within one mile of an existing or planned, in other words, a future
public safety communication facility, the applicant has to submit what is called a
"intermodulatiorl study", which is basically an interference study, and the map showing that
the proposed tower will not be within a 200 foot buffer for City microwave paths. They're
technical requirements. There even more technical and expanded upon in the ordinance. We
got those directly from our COM-IT department, and they were part of the discussions
between the Ci~{ staff involved in this ordinance, and the cell tower providers,
representatives of whom or pretty much all the providers were present when this ordinance
was being discU5sed. I probably should have mentioned that before, but this is a cooperative
effort with the cell tower providers. If a proposed antenna array or communication tower is
on a water tank, there has to be a security plan which shows how the facilities will be
I I
Item #26
City of Virginia Beach
Page 3
accessed. Who can access them? What times of the day. Things like that, because water
tanks are City property, and that would also be covered in a lease. Now, when I mentioned
that there were some additional standards for granting or denial, these are those. In addition
to the usual Use Permit standards that apply to every single Conditional Use Permit, City
Council would be required to give primary consideration to the availability of existing towers
for the applicant's facilities. In other words, ifthere are any in the area that could reasonably
accommodate the towers, both in terms of the weight of the proposed antennas, the coverage
is going to reach the area they need to do. Things like that. And, the other primary factor is
whether or not the proposed tower has a collocation capacity. In other words, it has the
ability to accommodate other providers antennas as well, and the reasoning there is obviously
just to keep the number of towers down. If you could put three or four provider's antennas
on one tower, that is much better than having four separate towers, each with one antenna or
two or something like that. The applicant, by the way is also going to be required to
acknowledge that it will allow collocation on commercially reasonable terms We're assured
that there is a great deal of cooperation in the industry such as that; it shouldn't be a problem.
Now there are a couple of absolute bars to where towers can be located. They can't be
located either on a public safety communication facility or within a secured compound of
such a facility, if the Information Technology Department determines there will be a
substantial possibility that there would be interference caused by the tower, and that
interference can't be satisfactorily mitigated. Also, there could not be any new towers within
the 200 foot buffer of the microwave path, as we've discussed before. Water tanks are
another situation which there is an absolute bar to them. You can't have then on a City
owned water tank or within the secured area unless there is what is called in the ordinance a
"demonstrable" public need for the wireless communication facilities in the area, and that
there is no reasonable alternative available. Reasonable alternative available doesn't
necessarily mean the cheapest alternative, but it does mean a reasonable alternative. There's
not really much of a possibility of being able to find an alternative site. In those cases when
the applicant is able to make determination or comply with that requirement as a Conditional
Use Permit, they will have to comply at all times with a security plan. Again, as I mentioned,
the security plan will be in the lease. It will also be in the Use Permit so that ifit is not
complied with, the Use Permit can be revoked. The last thing we've done is provide
incentives. It is better for people to put antennas on existing buildings if possible or on
electrical transmission line towers. And the way we've incentivized that is simply not to
require Conditional Use permit for those things, if certain requirements are met. First to the
extent practicable, the facility should match the color of the structure on which they're
mounted, just a disguise type by camouflaging idea. Communication towers don't project 20
feet above the electrical transmission line tower. With respect to building mounted antennas,
they have to be in the least visible location practicable. And even though that last part is cut
off, what is says is that there is only one building mounted antenna allowed on any building
less than 75 feet in height. I know that is kind ofa very quick overview of the ordinance.
Those are the important parts. We did mention earlier today the preservation district issue
where we would not allow towers in P-I zoned areas preservation district, but only those
areas zoned P-l that are set aside for open space purposes in their natural undeveloped state.
Other P-I areas, they would be allowed with a Conditional Use Permit or if they meet these
requirements if they can find a building or electrical transmission tower at one of those.
Item #26
City of Virginia Beach
Page 4
Again, I apologize, I guess for being so quick about this. Maybe I shouldn't apologize, but I
will certainly answer any questions. I will do my best to address any concerns with the
Commission.
Janice Anderson: Thank you Mr. Macali. Are there any questions of Mr. Macali at this
time? Go ahead Barry.
Barry Knight: Mr. Macali? If we had a high tension line or a power transmission line like
we visited a couple of months ago. It was on Parliament Drive, and it went through a
Conditional Use Permit process, and the public was notified, the public on that particular
issue didn't have any problem, I don't think with the antenna, and after, I believe if you or
Planning explained the landscaping that was going around it, it alleviated their fears. That is
what is going tc, happen here. But, I was wondering about the generators. Most all of them
have generators. Sometimes in a residential district, their bedroom window could possibly
be pretty close 10 this static tower that maybe has been there 20 or 30 years with no noise
associated with it. And, if we don't give that neighbor any opportunity to comment or
possibly maybe no notification of it, and all of a sudden at 3 :00 a.m. in the morning the
electricity goes off and this generator fires off, and they weren't notified, is there anyway we
can notify them or does that need to be opted out? What suggestion do you have on that?
Bill Macali: There is no reason why there can't be notification. That is certainly something
we can write in there.
Barry Knight: Okay.
Bill Macali: What exactly that would be that is open to debate. But, it certainly can be done
to address your general concerns.
Barry Knight: Thank you.
Janice Anderson: Is there anyone else at this time? Thank you Mr. Macali. Mr. Knight, do
we have other speakers?
Barry Knight: Yes I do. Mr. Gambrell.
Bill Gambrell: r like consent agendas. They are nice and short and you don't have to listen
to me very much, but today, I'll also make a short presentation to tell you that Mr. Macali,
Mr. White, and all of the people on the staff have done a great job of working with this
ordinance. I'm biased towards this. I do a lot an awful lot of work with telecommunication
providers, and my previous experience working with the City and doing communication
work with them gives me an awful lot of time and experience with them. What Mr. Macali
has outlined for you is exactly correct. There are a couple of observations that changes might
be appropriate. Mr. Knight's point about perhaps requiring a Use Permit for major
transmission line antennas if you do a facility on one of those in a residential area might be
appropriate. It i) not for me to speak to adding additional regulations for the industry now,
I I
Item #26
City of Virginia Beach
Page 5
because I represent the industry. So, I also represent for the industry that the flush-mounted
antennas that this Commission and City Council has embraced on many occasions to be
decrease the amount of visual blight, if you will, has been an appropriate appointment that
has not been included in this ordinance. One final observation about this ordinance is, and
Mr. Macali can correct me, but on the major power transmission lines, in many instances,
having just a single user may not be the most appropriate thing because there are major
power transmission lines where that structure can accommodate more than one user with 20
or 25 feet, and that may be something that you may want to have precluded by adopting this
ordinance. I would suggest to you that you may want to allow for multiple users. You may
want a Use Permit for the second user on these, but you may want not to preclude them.
Also, in the preservation areas, I know Mr. Macali is certain about that. I think in many
instances, he is absolutely correct. These places are supposed to be left open as preservation,
but there may be some instances where it may be the most appropriate thing and denying
yourself the opportunity to even accept an application and make a vote on that, may not be
the most appropriate thing. Again, in all that they've done, they have done a great job, and
you all have a great ordinance. My bias, but you have collocation probably as well or better
than any municipality in the State and perhaps all around the country. This will do nothing
but improve it.
Janice Anderson: Thank you Mr. Gambrell. Are there any questions of Mr. Gambrell?
Thank you.
Barry Knight: Our next speaker is Lisa Murphy.
Lisa Murphy: Good afternoon again, I'm Lisa Murphy. I'm here today on behalf of New
Cingular Wireless PCS, L.L.C. t/a AT&T. And I too, want to commend Bill Macali and
Planning staff, Stephen White, and the folks in Planning. As Bill mentioned, this is
something that we've been working in conjunction with Bill on, and I think he has done a
great job. It has been really a tremendous amount of work. We appreciate that he has invited
us to be involved in the process. I think as a result, at the end of the day, the product will be
one that works for the community and the wireless providers. One other point that I will
make that came up this morning is that AT&T in its current applications is already meeting
these guidelines and requirements, although they haven't yet been incorporated into the
ordinance. So, we are already working with staff to make sure that we are complying in
those areas. I think Bill mentioned this morning the language "major transmission line". We
talked about removing the term "major", because it would be very difficult, ifit is not
defined to figure out what exactly that means. That shows up first on page 14. There were
several issues that Council asked Mr. Macali and staff to look at as far as the tower
ordinance. But when we started to look at the ordinance, we started thinking about ways to
really line up collocation as the number one alternative. When I come up here typically, I
say carriers collocate because it is cheaper, easier, and it gets the job done faster. In some
instances, it means they don't need me. There were places in the ordinance where
collocation wasn't necessarily the cheaper and faster means. So, when you look at the
VEPCO poles, I know last month you had a couple ofVEPCO collocation, the idea there was
if we come up with an administrative process with some set guidelines, that is probably not
Item #26
City of Virginia Beach
Page 6
something that you need to see every time as far as a Conditional Use Permit. So, that was
really the goal with the VEPCO making that collocation just a little bit easier because it is a
collocation. Again, with the building mounted antennas, the same thing. This is all
subsection J, but talking about making building mounted antennas, which are also a
collocation, something that is a little bit easier of a process without a public hearing. The
only suggestion that I would make with regard to building mounted antennas in Subsection 3,
Bill mentioned that they have to be placed in the least visible location on the building. In
some cases, and I can think of a property on First Colonial Road, the antennas are actually
hidden behind an opaque screen that is the same color as the building, so technically it is
visible, but you don't know there are antennas, because it is behind that screen. So, I would
suggest that at the end of Section 3 add "in a manner that's screened from view", because
certainly it may be on top of the building but if you don't know it's there that gives us that
flexibility of collocating. The other item with regard to building mounted antennas and that is
Subsection 4. There is a little bit of concern that there is only one building mounted antenna
that is allowed on a building lower than 75 feet. Again, if there is a potential to collocate,
and if the build:ng can support additional antennas, it would certainly be the preference of the
carriers that if we could collocate there, that be the number one possible alternative. In
addition to that, with regard to building mounted antennas, if you look at the various charts,
the way the ordinance is written now for building mounted antennas, if you meet the
requirements OJ principal uses and they are permitted, and if you don't meet the
requirements, it is prohibited. And I would suggest there that those be a Conditional Use
Permit, because if you can't meet the requirements there may be a reason and certainly going
through a publie hearing process would flush out any issues or concerns, but it still leaves
that building open for collocation. As you know, there are not that many tall buildings in the
City. And wherever we can try to use them, we do. The one I mentioned on First Colonial, I
think is only 50 or 60 feet, and I know that Sprint is operating on that one. So, where we can
do it, we would like too, and again, this just gives us a little bit of flexibility. So it is either a
principal use if you meet the requirements, or if you don't, then you need a Conditional Use
Permit. Last point on water tanks, and I will say, and I know Bill has worked on this and the
staff has worked on this. I know the other departments in the City have worked on this. I
think the industry is disappointed that water tanks are only available as a last resort. We
understand why that is. We understand there are safety and security concerns, but there are
certainly areas where we would love to collocate on or next to a water tank. And it is just
going to be difficult in those areas. The last point, and I don't want to take up a whole lot of
your time, is the point that Bill made about the preservation areas and open space. My
concern there is there are instances where you have a golf course or you have another facility
that has dedicated open space, where a camouflage structure like a pine tree or one of those
slick sticks or even a VEPCO tower, because the way I read this is VEPCO tower use would
be prohibited where that might make sense. And it absolutely makes sense to go through a
Conditional Use Permit process for that. I don't think it makes sense to preclude those
entirely or those areas entirely, because as you know when you get into the residential areas,
we need flexibility. If we get onto or near a golf course, we need that flexibility of coming
up with stealth structure or some other type of structure that meets the need in a way that
blends in with the surroundings. So, I would offer that up for consideration as well.
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Item #26
City of Virginia Beach
Page 7
Otherwise, I think Bill and the staff have done an excellent job. We appreciate having the
opportunity to be involved in the process, and I'll stand by for any questions that you have.
Janice Anderson: Thank you Ms. Murphy.
Barry Knight: That is all the speakers that I have signed up. Mr. Romine? Did you care to
address us?
Steve Romine: I don't want to be redundant. Steve Romine, a local attorney for Verizon
Wireless. I would add as well that we appreciate the opportunity to have input with Dave
Hanson, the task force, Bill Macali, Stephen White. I think the ordinance is very well
balanced. It will improve and enhance and expedite, hopefully, approvals. I think the one
thing that I would just focus on is the opportunity to open up public properties. That is part of
the purpose clause. I'm hoping that if we follow through, and I know there is going to be big
process onto public properties, but that, I think, may be one of the most positive attributes of
the new ordinance is the fact that we will be able to get on some City sites and places like
that, including existing COM-IT towers. The water tanks are an issue, but there are issues
there we might able to get some of those to work. I think the security part of that is a
concern. Preservation comments, I'll echo what Lisa said. If there was some way that those
could be considered on a Cond.itional Use Permit, I think that would be helpful because there
are going to be instances where you're in a preservation area where it is appropriate. You
might have a power line or something else that might provide an opportunity for collocation.
But all and all, I do appreciate the opportunity for the industry to have input, and I'm
available for any comments. I'm sorry that I didn't get a chance to sign in. I thank you for
the time.
Janice Anderson: Thank you Mr. Romine. Are there any questions for Mr. Romine? Thank
you.
Bill Macali: Madame Chairman, can I just have a couple of minutes.
Janice Anderson: Yes please.
Bill Macali: If you don't mind. I forgot to mention that we would certainly be happy to
delete the "major" from the electric transmission line. The comments that were suggested, I
guess, before I forget, I just wanted to remind folks that the preservation area prohibitions are
just on sites used or set aside for purposes of preserving open space in its undeveloped or
natural state. Now in the case of a golf course, a golf course is neither in its natural state or
undeveloped, and in that case, a golf course zoned P-l, you could get a Conditional Use
Permit for a tower on the golf course. It just takes a Use Permit. Again, we tried to restrict
this to open space which is pristine forest or Stumpy Lake, things like that, which are
undeveloped or in its natural state, neither of which a golf course or farm or something. They
are not in their natural state. So, we do feel strongly about that, but to the extent there is
perhaps a small misconception about what we mean. Golf courses or anything that's
developed at all or not in its natural state is a place where you can get a Conditional Use
Item #26
City of Virginia Beach
Page 8
Permit for a cell tower. Building mounted antennas in a least visible location or in a manner
that is screened from view, that is absolutely fine. I don't think it would be a great big
problem with allowing building mounted antennas with a Conditional Use if you can't meet
the requirements for a permitted use. I think I would like to be in a position maybe to qualify
that a little bit just so it is clear that for some reason you can't put it in the least visible
location or in a screen or something like that as opposed to a mere matter of preference. In
all fairness, I think that the companies would rather put in a screened location than for a
Conditional Us'~ Permit, but I just would like the change to be right on that and get it squared
way. That in general, I don't think is a concept that the staff has a great deal of difficult with.
Having said those things, we would certainly be agreeable to those changes.
Janice Andersol: Thank you Mr. Macali.
Bill Macali: If the Commission did want to go ahead and make the motion, I guess it would
be just to approve the ordinance with the changes that I talked about, as well as Mr. Knight's
change regardir.g getting notice to people to putting an communication tower on an electric
transmission line if it is within, I guess I would prefer a little guidance from the Commission,
maybe a certain distance from a residence or 500 feet. I don't know.
Janice Anderson: If you could just put adjoining property owners, I guess that would cover
it.
Bill Macali: Aclioining property owners? Okay.
Janice Anderson: To the site, just like we do anything else.
Bill Macali: That is fine. That would still be a permitted use as long.
Janice Anderson: As long as you provide notification.
Bill Macali: Okay.
Janice Anderson: Mr. Macali, one of the things that I had a question on is on the permitted
section, I believl~ they said you can only mount one antenna. If they wanted to place two
antennas, then you would consider that under a Conditional Use, if we change that because it
wouldn't comply. If they wanted to locate two of them, you wanted to place that on a
Conditional Use rather than a permitted use?
Bill Macali: Wdl, let me see. To be a non use permit, in other words by-right, there can be
only one. Let me just take a quick look at the Code. I think that it does. We would have to
change it to allow more than one on a building under 75 feet in height, as I read the Code
now.
Janice Anderson: Yes Ms. Murphy?
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Item #26
City of Virginia Beach
Page 9
Lisa Murphy: If I may. The other issue with that is that there is really no one who would
install one antenna. Typically you need at least three, so even if you had one carrier come in
and you wanted to make it a Conditional Use Permit after that, still one is really too few
antennas, so you may want to change it so that it is plural or somehow adjust it.
Bill Macali: I got a better idea. If it is screened, the only issue is visual. Obviously, you
can't have them interfere with a City communication facility, as being visual, even if they are
screened from view.
Lisa Murphy: We don't need to limit the number.
Bill Macali: Right. Now, if they are still visible, I think that is a little bit more difficult
though right?
Lisa Murphy: Well, I'm thinking of the requirement to include painting. If you think about
One Columbus, which is now sort of shadowed by the other buildings that are around it,
those antennas are painted the same color on the corners of the buildings, which is typically
how they do it. Buildings that are tall enough, they don't go on top unless they have too.
They will go in the corners and then you can paint the antennas the same color as the side of
the building, but if you have to go above, then that screening. I wouldn't think you would
need the limitations as long as it is screened from view in one way or the other.
Bill Macali: We can agree to that. Is that something that the Planning Department think
should be appropriate? Okay.
Janice Anderson: Go ahead Mr. Gambrell.
Bill Gambrell: I was just going to say that Mr. Romine and I agree that if it is one user that
we're looking at, then if we think there may be two users, but the point that I was making
above a major power transmission lines, and I haven't found that section in here, is there are
major power transmission lines that are structurally capable of accommodating more than
one array, and that is where you might want to provide the opportunity for a second array
with the Use Permit or even without a use Permit. But just having one array up there isn't
always going to be appropriate.
Bill Macali: The only limitation as to one under the ordinance now is on building mounted.
There is nothing on electrical transmission power lines as to the number.
Bill Gambrell: The limitation. That was my mistake from this morning in listening to Mr.
Macali's presentation this morning. So if there is no limitation, then it is not a problem.
Janice Anderson: Okay.
Bill Gambrell: I think right now with your building mounted antennas, I don't think you
require a Use Permit.
Item #26
City of Virginia Beach
Page 10
Bill Macali: Right.
Bill Gambrell: So you are not really changing. Like he said earlier, you are not really
changing an awful lot. You're kind of putting the code like you would do normally.
Janice Anderson: Okay. But anyway, this actually helps because we are going to require
screening of tht:m. The other thing is with the adding the notification. The other condition is
with removal of antennas and the tower?
Bill Macali: If they're not used for a period of one year, they would be required to be
completely rem:>ved.
Janice Anderson: And the accessory equipment also.
Bill Macali: Y t:S. All this occurs within 90 days.
Janice Anderson Okay. 90 days. I think you are clear on the preservation area, whether it is
a school site, which a portion of that school site is wooded and says it's zoned P-1, than the
tower can go there because it is not. But like you said, if is just for natural use, that is the
only exemption. Is it under the .will for the Commissioners to change that or have that under
conditional? I'm fine with just exempting it. I think it is just a small percentage.
Bill Macali: It i~: just a small percentage of the area in preservation district. There is just not
much that undeveloped open space. It is just to keep it all pristine visually, as well as
functionally so.
Janice Anderson: So that you don't invade that area with some kind of structure.
Bill Macali: A golf course is the site, and the example you just gave is fine. That is subject
to the Use Permit application.
Janice Andersor.: Do any of the other Commissioners have a question on that? Yes.
Barry Knight: 1\1r. Macali, if I could ask you for your definition? Say in the rural service
area somebody wanted to come in and have five houses on a hundred acres, and then they
had 70 acres of land leftover that we put preservation on it, because it was forest, could they
come back? Is that classified as being developed, or is that something that would not
substantiate a self.
Bill Macali: In that case, if it were a forest, it was undeveloped as opposed to being farm, for
instance, is developed. There is nothing undeveloped about farm land. If it is a natural area
that is sought to be preserved, that would be covered. You couldn't have one. If you had a
100 acre farm and you build 5 houses on 30 acres and set the other 70 for agricultural
purposes, certainly you can get a Use Permit for the tower on the agricultural land, because it
is farm land, and by definition, it is not undeveloped and it is not in its natural state. But, if it
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Item #26
City of Virginia Beach
Page 11
is a forest, I guess there is the argument that Silva culture is fine too, but I think if it is a
forest as opposed to being developed, the land is scraped away by what ever means or used
for agriculture, that is the difference there. So, I think in your example, the forest is out. The
farm land is in.
Barry Knight: I know some examples like down off of Salem Road. We gave a gentleman a
floodplain variance and he put the rest of the surrounding land in preservation, which was
trees way back off the road in the middle of anywhere. It was preservation designation, but
nobody was ever going to see this land. If there was a need for a cell tower, I just hate to
absolutely say no to somebody in preservation, and all we are affording them is the
opportunity to come to staff, to Planning Commission, and ultimately to City Council, and
then, if somebody doesn't like it, they can vote and say no. I just hate taking away rights
from people to even apply and to even ask the question. So that is what I have a hard time
with. I just hate that absolute no. I would like for the people, even if it is in preservation. Of
course, if it is a high profile location in preservation, the Planning Commission and City
Council is going to say no. The applicant, I don't think, is going to bring it to us. But if it is
way off the beaten path somewhere, where nobody is going to see it, then I hate to absolutely
deny that person that opportunity to ask permission to apply for a Conditional Use Permit.
That is what I kind of have a problem with. Because if you all recall on Salem Road, and we
went back into the woods back there, we asked Mr. Bourdon. We said why don't you ask
him to put it in preservation. He said I don't see a problem with putting it in preservation,
but no one is ever going to go back there. If there was a cell tower there you would never see
it from Salem Road.
Bill Macali: I think our thinking on that was that in situations like that a person sets aside the
open space in exchange for some other kind of Council approval that it gets. And, it kind is
like a deal. You give us this approval, and we will set aside this as open space. And, we
didn't really feel too bad about saying, well you made your deal. Live with it. Ifit is natural
open space that you set aside and told Council that I will set this aside in order for you to
give me this floodplain variance or zoning approval or something, we really didn't have a
problem with saying the person being held to that. That is our thinking. Not to saying that
the Planning Commission has to adopt that, but that is how we approach situations like that.
Barry Knight: It isn't always a quid pro quo. I give you this. I give you that. Some people
voluntarily say, I'll just put it in preservation or conservation just because they would like to
do that. So, I hate for someone to have put something under preservation 20 years ago or
yesterday or tomorrow to be excluded from the Conditional Use Permit process.
Janice Anderson: Are there any other thoughts on the preservation area? Mr. Macali, do you
have any other comments on that?
Bill Macali: No.
Janice Anderson: Okay. Are there any other?
Item #26
City of Virginia Beach
Page 12
Henry Livas: Can a person still apply for a Conditional Use Permit and request the exception
at the same time?
Janice Anderson: Not as it is set now. It is exempted.
Bill Macali: VI~ry few areas of the City where you can't absolutely have a cell tower. It is
way less than one percent, if even close to that, in the City. It seems like a reasonable
provision to have that sort of thing.
Janice Andersotl: Okay. Is it the desire with regard to that condition if we go forward with
approval with these comments on it that Preservation District be considered not allowed or
Conditional Use? A conditional? Are we in agreement with that? Okay. I'm just going to
review the amendment with the suggestions and if it is the will of the Commission to approve
it, someone could make a motion. With the ordinance that is outlined, there will be some
changes to it between here and Council with regard to the deletion of "major" when referring
to transmission lines. There will not be a limit on the number of antennas on a building
structure if they are screened from view and placed in a least visible manner. There is no
restriction on the number of antennas on existing towers. If they are in a residential area or
apartment area, the surrounding property owners will be notified that there will be a cell
antenna placed on that building or tower, and that if within 90 days, if the antenna equipment
or tower is no longer used or abandoned, that it will be removed. The preservation area, if
there is a reque~:t for a cell tower to be placed in a preservation that will now be considered a
Conditional USt:. I think I've gotten all the comments. Are there any additional comments?
Bill Macali: If the building mounted antenna cannot be put in a place that is screened from
view or the least visible location that it could still apply for a Conditional Use Permit.
Janice Anderson: Okay.
Barry Knight: I'll make the motion.
Janice Anderson: Okay.
Barry Knight: I like to make that a motion to approve.
Janice Anderson: A motion to approve by Barry Knight and a second by Kathy Katsias.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KATSIAS AYE
ABSENT 1
ABSENT
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Item #26
City of Virginia Beach
Page 13
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0, the Board has approved the ordinance for the City of
Virginia Beach as recommended.
Janice Anderson: Thank you. Is there any further business this afternoon? Seeing none, the
meeting is adjourned.
1
2 AN ORDINANCE AMENDING CITY ZONING ORDINANCE
3 REGULATIONS PERTAINING TO COMMUNICATION
4 TOWERS AND BUILDING-MOUNTED ANTENNAS,
5 INCLUDING DEFINITIONS, PREAPPLlCATION AND
6 APPLICATION REQUIREMENTS, LOCATIONAL,
7 LANDSCAPING AND OTHER REQUIREMENTS, AND
8 ZONING DISTRICTS WHERE PERMITTED
9 SECTIONS AMENDED: CITY ZONING ORDINANCE
10 99111,232,301,401,501,601,701,801,901,1001,
11 1501, 1511 AND 1521
12
13
14 WHEREJl.S, the public necessity, convenience, general welfare and good zoning
15 practice so require;
16
17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA:
19 That Sections 111,232,301,401,501,601,701,801,901, 1001, 1501, 1511
20 and 1521 of the City Zoning Ordinance, pertaining to communication towers and
21 building mounted antennas, be, and hereby are, amended and reordained to read as
22 follows:
23 Sec. 111. Definitions
24
25 Antenna, building mounted. An antenna Anv structure or device affixed to a
26 building or other: structure, except a water tank, for the purpose of supporting broadcast
27 equipment of any frequency or electromagnetic wave, or any similar system of wires,
28 poles, rods, reflf3cting discs or similar d<ivices used for the transmission or reception of
29 electromagnetic waves. The term does not include communication towers, antennas
30 mounted on communication towers, home satellite dishes, or television or radio
31 antennas used primarily for the benefit of the occupants of, or visitors to, property on
32 which such ante nnas are located.
33
34
35 Communication tower. A towor of any size which supports communication
36 (broadoast or receiving) equipment utilized by commercial, government, or other public
37 and quasi public users. Anv pole, spire or other structure. including supporting lines.
38 cables. wires. bl"aces. masts or other appurtenances. intended or used primarilv for the
39 purpose of affixing antennas or other wireless telecommunications equipment or for
I I
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housinq such equipment. +Ris The term does not include private home use of satellite
dishes and television antennas or Qy amateur radio operators as licensed by the
Federal Communications Commission.
Wireless telecommunication eauipment includes antennas and their
appurtenances used for purposes of providinq wireless telecommunication services.
COMMENT
The amendments redefine the terms "building-mounted antenna" and "communication
tower. " The new definition of "building-mounted antenna" contains technical changes only, and
the new definition of "communication tower" clarifies the term and preserves the existing
exemptions for private home use of satellite dishes and television antennas or licensed amateur
radio operators. In addition, a new definition, "wireless telecommunications equipment," is added
as a term encompassing antennas and their associated equipment.
Sec. 232.
Communication towers.
(a) Application. Each application for a conditional uso pormit for a
communication to'Nor shall include tho follov:ing information in addition to tho general
information roquirod by this ordinance.
(1) Sito plan or plan drawn to scale spocifying the location of tower(s), guy
anchors (if any), transmission building and other accessory uses, parking,
accoss, landscaped aroas (specifying size, spacing and plant materials
proposed), fences, and adjacent land uses. The administrator of
landscape services shall roview and approve the landscaped aroas shown
on the site plan.
(2) Report from a registored structural or ci'AI enginoer indicating tower height
and design, structure, installation, and total anticipated capacity of
structure (including number and types of antennas '.vhich could be
accommodated). This data shall satisfactorily demonstrate that the
proposed to'Ner conforms to all structural roquiroments of the Uniform
Statewide Building Code.
(3) Statement from a rogistered engineer that the NIER (nonionizing
electromagnetic radiation) emitted therefrom does not result in a ground
level exposuro at any point outside such facility .....hich exceeds the 10'llest
applicable exposuro standards establishod by any regulatory agency of
the U. S. Government or the American National Standards Institute.
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223 (iv) Each lot for which those reducod requiromonts apply shall be
224 restrictod to tho uses describod in this soction, and this restriotion
225 shall bo notod on any plat or othor documont doscribing such lot.
226
227 (c) Locational criteria. In considoring appro'lal of any proposed
228 communication towor sito, tho city council shall gi'/o considoration to tho follm....ing
229 criteria:
230
231 (1) 'Nhothor tho application represents a requost for multiple uso of a to'Ner or
232 site, or use on a site contiguous to an oxisting sito.
233
234 (2) \^/hother tho 3pplication contains a report that other potential users of the
235 site and towor havo boon contacted, and thoy havo no current plans, to
236 tho bost of thoir ability to dotormine, that could be fulfilled by joint use.
237
238 (3) \^/hothor the application shows ho'A' the towor or sito will bo dosignod or
239 laid out to 3ccommod3te future multiplo usors.
240
241 (-1) 'Nhethor tho proposed to'Ner is to bo loc3tod in an area 'Nhere it 'lJould be
242 unobtrusive and would not substantially detract from 30sthotics or
243 neighborhood . charactor, due oithor to location, to tho nature of
244 surrounding usos (such as industrial uses), or to 13ck of visibility causod
245 by natural growth or othor factors.
246
247 (5) '.^Jhethor, if no pri'l3toly O'.vnod land in tho 3rea moots the abovo critoria,
248 the application is for land o'/med by tho city and leasod for fair valuo, and
249 which does moet the above critoria.
250
251 (a) Purpose. The purpose of this section is to (1) facilitate the provision of
252 wireless communications services to the citizens and businesses of the City: (2)
253 minimize the risk of phvsical damaae and other potential adverse impacts of
254 communications towers: (3) require, where commerciallv reasonable, the ioint use of
255 communications towers bv providers of wireless telecommunications services so as to
256 avoid unnecessary proliferation of communication towers and related facilities: and (4)
257 allow the use of public property under circumstances in which such use (i) minimizes
258 the potential adverse visual and other impacts of communication towers and their
259 appurtenances: (iD does not adverselv affect the operation of public facilities such as
260 public safety communications facilities and water tanks for their primary purpose; and
261 (iii) conforms to applicable requirements pertainina to the use of public property for
262 purposes of communication tower sitina.
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(b) Preaoo/ication conference. Prior to submittino an application for a
conditional USl3 permit for a communication tower. the applicant shall meet with the
Director of Plal1nino or his desionee in order to discuss:
tI ) The feasibility of co-Iocatino the proposed antenna facilities on an
existino communication tower or other suitable structure. includino
a publicly-owned facility. where such use will not adversely affect
the primary use of such facility:
(?) The availability of suitable alternative sites. includino publicly-
owned sites. for the proposed communication tower;
G~) Specific issues presented by the proposed application. includino.
but not limited to. potential interference with oovernmental public
safety communications facilities. potential visual and other impacts
on nearby properties and means. if any. of eliminatino or mitioatino
such potential impacts:
~) The feasibility of camouflaoino wireless telecommunications
equipment; and
~) Such other matters as may be relevant to the application.
No application for a conditional use permit for a communication tower shall be
accepted by thn Plannino Director unless a preapplication conference has been held.
(c) A{)o/ication requirements. In addition to the information required bv
Section 221. a[lplications for a conditional use permit shall include the followino items:
{1J A site plan or plan drawn to scale. showino the location and desion
of the proposed tower. includino any accessory buildinos or other
appurtenances. vehicular parkino areas. access points. landscaped
areas. adiacent land uses. and any other information required by
the Plannino Director;
(2.) A landscapino plan showino the type. size. number and location of
plant materials. includino existino trees or other plant materials to
be used:
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(3) A report from a professional enqineer licensed in Virqinia, under
seal. detailinq the heiqht, desiqn and total anticipated capacity of
the proposed tower, includinq the number and type of antennas that
can be accommodated, and any other information deemed
necessary by the Buildinq Code Administrator to determine whether
such tower conforms to the requirements of the Virqinia Uniform
Statewide Buildinq Code. Such report shall also include a
certification from the enqineer that the tower is capable of
supportinq the total anticipated capacity of the tower, includinq all
appurtenances;
(4) A certification from a professional enqineer licensed in Virqinia,
under seal. that all antennas or antenna arrays intended to be
affixed to the proposed tower comply with all applicable requlations
promulqated by the Federal Communications Commission
pertaininq to the emission of radio frequency radiation;
(5) Where the proposed communication tower is to be located within
one-Quarter mile of any residential or apartment zoninq district or
use, an application shall be supplemented by the followinq
materials no later than thirty (30) days prior to the date of the public
hearinq before the Planninq Commission:
(A) Balloon tests, computer-qenerated photoqraphic simulations
showinq such tower in the proposed location, visibility maps,
and any other information deemed necessary by the
Planninq Director to assess the visual impact of the tower
and its appurtenances; and
(B) A summary of the applicant's planned contacts with the
residents of the area reqardinQ the proposed tower. The
applicant shall, as soon as practicable after such contacts
have occurred, notify the Planninq Director of the substance
of such contacts, includinq the neiqhborhoods or other areas
in which residents were contacted by the applicant;
(6) Verifiable information satisfactory to the Planninq Director of the
lack of available space or structural capacity for the applicant's
wireless telecommunications equipment on (i) existinq towers,
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buildinos or other structures. (in sites on which existino towers are
located, or (iin sites on which the proposed tower would be less
visible from or located a oreater distance from residential or
apartment districts than the proposed location. Information
submitted to demonstrate such findinos shall include. but not be
limited to:
(A) The absence of existino towers or other structures meetino
the heioht. structural strenoth or other technical needs of the
applicant within the appropriate oeooraphic area:
(8) Enoineerino analyses demonstratino that the applicant's
proposed equipment would cause interference with the
equipment on an existino tower of other structure. or the
equipment on an existino tower or other structure would
cause interference with the applicant's proposed equipment;
or
(C) Evidence that the rents, fees or other contractual provisions
required to co-locate the applicant's antenna equipment on
an existino communications tower. or to construct a
communications tower on property to be purchased or
leased. would be commercially unreasonable in Iioht of the
location of the proposed facilities:
Where the proposed communication tower or antenna is to be
located within one (1) mile of an existino or planned public safety
communications facility. an intermodulation study submitted bv a
professional enoineer licensed in Viroinia. under seal. Such study
shall:
(A) Include the frequencies used by the City or other public
entity for public safety purposes at any site within one (1)
mile of the proposed facility:
(8) Analyze 2nd. 3rd. 5th and 7th order intermodulation
calculations usino the maximum number of sionals for each
order: and
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(C) Include the frequencies used for each intermodulation order
calculation. the name of the channel used and the
bandwidth of each channel;
(8) A oeooraphical map. with sufficient markinos and detail. iIIustratino
that the proposed communications equipment will not be located
within a 200 - foot buffer of the microwave path between any
existino public safety communications sites; and
(9) Where the proposed wireless communication equipment is to be
located on a water tank or within the secure area of any water tank
site. a security plan showino the times at which access to the
proposed equipment will be allowed. the identities of the persons
with authorized access to such facilities and such other information
as the Director of Public Utilities may require; provided. however. if
such security plan is incorporated in a lease between the City and
the applicant, this requirement shall be waived.
(d) Locational and desian reauirements. In determinino whether to orant or
deny a conditional use permit application for a new or expanded comm.unication tower
or other wireless telecommunication equipment, the City Council shall Qive primary
consideration to the followino factors:
(1 ) Whether the antennas or other equipment intended to be affixed to
such tower cannot be accommodated on an existino or approved
tower within such radius as is reasonably necessary to provide
adequate coveraoe and capacity for any of the followino reasons:
(A) The planned equipment would exceed the heioht or
structural capacity of the existino or approved tower. and the
existino or approved tower cannot reasonably be modified
so as to accommodate the planned equipment, as
documented by a licensed professional enoineer;
(B) The planned equipment would cause electromaQnetic
interference affectino the usaoe of other existino or
approved equipment, and such interference cannot
reasonably be prevented: or
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(C) ExistinQ or approved communication towers or other
structures within such radius cannot accommodate the
planned equipment at a heiQht necessary for its proper
functioninQ;
~~) Whether the proposed communication tower is desiQned
structurally and in all other respects to accommodate both the
planned equipment and comparable equipment of at least two (2)
additional users if the proposed tower is Qreater than one hundred
(100) feet in heiQht or at least one (1) additional user if the
proposed tower is less than one hundred (100) feet in heiQht; and
Q) Whether the proposed application conforms. if applicable. to the
requirements of subsection (h). pertaininQ to public safety
communications facilities and water tanks: and
~) Whether the applicant has aQreed. in writinQ. to allow the co-
location of the equipment of other wireless telecommunications
providers. to the extent of the capacity of the proposed
communication tower. upon commercially reasonable terms
applicable to the location of the proposed tower.
(e) Construction reauirements. All communication towers constructed or
expanded after the adoption of this section shall comply with or exceed all applicable
requirements of the VirQinia Uniform Statewide BuildinQ Code. includinQ all model codes
incorporated thl3rein. In addition. all such towers shall be non-illuminated and painted
such color or Golors as to minimize visibility. unless otherwise required by Federal
Aviation Administration. Federal Communications Commission or other applicable laws
or reQulations.
(f) U,ndscapina and screenina reauirements. LandscapinQ and screeninQ
shall conform to the followinQ standards:
OJ ExistinQ trees on the lot or within the leased area or other area
within the control of the applicant shall be preserved to the
maximum extent practicable;
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(2) To the extent permitted by applicable setback requirements. towers
shall be located on a site so as to maximize the effectiveness of
trees as screeninQ;
(3) For towers one hundred (100) feet or less in heiQht. at least one (1)
row of everQreen shrubs forminQ a continuous hedQe at least five
(5) feet in heiQht. with individual plantinQs spaced not more than
five (5) feet apart. shall be provided. In addition. at least one (1)
row of everQreen trees with a minimum caliper of one and three-
fourths (1 %) inches at the time of plantinQ and spaced not more
than twenty-five (25) feet apart shall be provided within fifteen (15)
feet of the perimeter of the required setback line;
(4) For towers more than one hundred (100) feet in heiQht. in addition
to the requirements of subdivision (3) above. one (1) row of
deciduous trees. with a minimum caliper of two and one-half (2 Y2)
inches at time of plantinQ and spaced not more than forty (40) feet
apart shall be provided within twenty-five (25) feet of the perimeter
of the required setback:
(5) All required landscapinQ shall: (j) be installed in accordance with
established procedures usinQ plant materials of Qood Quality. (ij) be
installed by the first plantinQ season followinQ the QrantinQ of a
conditional use permit. unless appropriate surety in form acceptable
to the City Attorney is first provided. and Wj) at all times be
maintained in healthy and QrowinQ condition.
ExistinQ landscapinQ meetinQ the requirements of this section may be used to
satisfy the foreQoinQ standards. which may be modified by the City Council as it deems
appropriate.
(q) Setback requirements. The followinQ setback requirements shall apply to
communication towers other than those affixed to electrical transmission line structures:
1. Minimum side and rear yard setbacks. as measured from the base
of the communication tower. excludinQ its appurtenances. shall be
fifty (50) feet in residential. apartment. mixed-use and aQricultural
districts and twenty-five (25) feet in all other districts. provided.
however. that no tower shall be located closer to an existinQ
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residential or apartment structure than a distance equal to one
hundred ten per cent (110%) of the heiQht of the tower and
provided further. that the minimum setback from any street, as
measured from the base of the tower. shall be fifty (50)' feet.
NotwithstandinQ the foreQoinQ provisions. the City Council may
require a Qreater or lesser setback when it deems such other
setback to be necessary or advisable to protect existinQ or future
structures from damaQe or to enhance the screeninQ effect of on- or
off- site trees or other veQetation.
2. Minimum setbacks of equipment buildinQs shall be as specified in
the zoninQ district reQulations.
(h) Public safety communications facilities: water tanks. In liQht of the special
security and public safety concerns applicable to sites occupied by City facilities such as
public safety communications facilities and water tanks. the followinQ additional
requirements shall apply:
(1) Public safety communications facilities. No private wireless
telecommunications facilities shall be allowed: (i). on sites with
public safety communications facilities or within the secure
compounds of such sites: (ij) in any location at which the Director or
Communication and Information TechnoloQY determines. based
upon an intermodulation study required by subdivision (7) of
subsection (c). that the operation of the proposed wireless
telecommunications facilities would present a substantial possibility
of causinQ interference with one or more public safety
communications facilities and cannot be satisfactorily mitiQated: or
(iij) in any location within a 200 - foot buffer of the microwave path
of any existina or future public safety communications microwave
facility.
(2,) Water tanks. No private wireless telecommunications facilities
shall be allowed on any City water tank or within the secure area of
any water tank site unless there is a demonstrable public need for
wireless telecommunications services in the area to be served by
such facilities and there is no reasonable alternative site available.
In such cases. the applicant shall be required. as a condition of the
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conditional use permit. to comply at all times with a security plan
approved by the City Council
(i) Other requirements. The followinQ additional reQulations shall apply to all
communication towers:
(1) No siQnaQe shall be permitted on any communication tower;
(2) All communication towers and their appurtenances shall comply
with applicable reQulations of the Federal Communications
Commission and Federal Aviation Administration. Where
reQulations and requirements of this section conflict with those of
the Federal Communications Commission or the Federal Aviation
Administration. the federal requirement shall Qovern;
(3) All communication towers shall be subiect to periodic reinspection
by the BuildinQ Code Administrator. If any additions. chanQes or
modifications are to be made to the structural characteristics of the
tower. the BuildinQ Code Administrator shall have the authority to
require proof. throuQh the submission of enQineerinQ and structural
data. that the addition. chanQe or modification conforms to
structural wind load and all other requirements of the Uniform
Statewide BuildinQ Code; and
(4) Any communication tower or wireless telecommunications
equipment that are not in. use for a period of one (1) year shall be
removed within ninety (90) days after notification by the PlanninQ
Director. If not so removed. the City may contract for their removal
and charQe the cost thereof to the owner of the communication
tower or wireless telecommunications equipment.
(j) Communication towers affixed to electric transmission line structures and
buildinQ-mounted antennas shall be allowed as principal uses where so permitted in the
district reQulations. provided that the followinQ requirements are met:
1. Communication towers and buildinQ-mounted antennas shall be
made of materials or painted in such manner as to match. to the
maximum extent practicable. the color of the structure upon which
they are affixed or mounted;
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2. Communication towers shall not proiect above the top of the
structure to which they are affixed by more than twenty per cent
(20%) of the heiaht of the structure;
3. Buildina-mounted antennas shall be placed in the least visible
location on the buildina that is practicable or otherwise screened
from view from around level; and
4. The owner of the communication tower or his aaent submits to the
Plannina Director a list containina the name and last known
address of the owner of all abuttina lots. as shown on the current
real estate tax assessment books or current real estate tax
assessment records. The Plannina Director shall thereafter notify
such property owners of the filina of the site plan or buildina permit
application seekina approval of the communication tower. No such
site plan or buildina permit shall be approved for a period of seven
(7) days from the mailina of the notices.
COMMENT
The amellldments to this section revise and expand many of the existing provIsions
regarding communication towers and add new requirements not present in the current ordinance.
Some of the provisions have been incorporated into the revised ordinance (e.g., setbacks,
landscaping).
The changes are more particularly described below, by subsection:
Subsectioll (a) (Lines 251-262] adds a statement of purpose, as the current ordinance does
not contain one. The unifying theme of the stated purposes is the desire to balance the need for
wireless telecommunications services with the goal of minimizing the number of communication
towers by requirilllg co-location where feasible and ensuring that new communication towers will be
located on sites wll1ere their visual impacts have been carefully evaluated.
Subsection (b) (Lines 264-288] requires that a preapplication conference between the
applicant and Ph Inning Director be held for the purpose of determining the availability of other
potential sites for the proposed communication tower and discussing other issues relevant to the
application. This provision formalizes the preapplication conference as a required procedural step
in the application/review process, as no application may be flied until a preapplication conference
has been held.
Subsection (c) (Lines 290-397] sets forth application requirements intended to provide all
information necessary to effectively evaluate an application. Special provisions relating to
protection of public safety communications facilities are added, as well as provisions intended to
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allow the staff to evaluate whether the construction of a new a proposed communication tower may
be avoided by means of collocation of antennas on an existing site. In particular:
. Subdivisions (1) - (4) [Lines 293-318] are largely taken from the current
ordinance; engineering data, however, is required to be submitted under
seal of a professional cngineer licensed to practice in Virginia.
. Subdivision (5) [Lines 320-337] is new. It provides that if a proposed
communication tower is to be located within one-quarter mile of any
residential or apartment zoning district or use, the applicant must submit
balloon tests, computer-generated photographic simulations showing the
tower in its proposed location, visibility maps, and other information
necessary to assess the visual impact of the tower and its appurtenances.
The applicant must also provide a summary of the applicant's contacts with
the residents of the area regarding the proposed tower and report the actual
substance of those contacts to the Planning Director.
. Subdivision (6) [Lines 339-365], which is also new, essentially requires the
applicant to demonstrate a lack of availability of co-location opportunities
or sites at which the visual impact of a new communication tower would be
less that at the proposed site. Specific information required includes the
absence of existing towers, monopoles or structures meeting technical needs
of the applicant within the appropriate geographic area; engineering
analyses demonstrating that the applicant's proposed equipment would
cause interference with the equipment on an existing tower of other
structure or vice-versa, or evidence that the contractual provisions required
to co-locate the applicant's antenna equipment on an existing
communications tower, or to construct a communications tower on property
to be purchased or leased, would be commercially unreasonable in light of
the location of the proposed facilities.
. Subdivision (7) [Lines 367-383] is also new. It contains a requirement, for
proposed wireless telecommunications equipment to be located within one
mile of an existing public safety communications facility, that a detailed
intermodulation study be submitted under seal by a professional engineer
licensed to practice in Virginia to determine whether the proposed
equipment will interfere with the public safety facilities.
. Subdivision (8) [Lines 385-388] requires a map illustrating that the proposed
communications equipment will not be located within a 200 - foot buffer of
the microwave path between any existing public safety communications
sites. This provision is also new.
. Subdivision (9) [Lines 390-397] is new, and applies to applications for
proposed wireless telecommunication equipment to be located on a water
tank or within the secure area of a water tank site. It requires a security
plan showing the times at which access to the proposed equipment will be
allow cd, thc identities of the persons with authorized access to such facilities
and such other information as the Director of Public Utilities may require.
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If a security plan is part of the lease between the City and the applicant,
however, the requirement does not apply.
Subsection (d) [Lines 399-440] contains locational and design requirements for
communication towers. It sets forth the primary factors the City Council is to consider in
determining whether to grant or deny a conditional use permit for wireless telecommunication
equipment. Thm e factors include:
· Whether the antennas or other equipment intended to be affixed to a tower
cannot be accommodated on an existing or approved tower within such
radius as is reasonably necessary to provide adequate coverage and
capacity;
· Whether the proposed tower is designed structurally and in all other
respects to accommodate both the planned equipment and comparable
equipment of at least two (2) additional users if the proposed tower is
greater than one hundred (100) feet in height or at least one additional user
if the proposed tower is less than one hundred (100) feet in height; and
· Whether the proposed application conforms to the requirements of
subsection (h), pertaining to public safety communications facilities and
water tanks; and
· Whether the applicant has agreed, in writing, to allow the co-location of the
equipment of other wireless telecommunications providers, to the extent of
the capacity of the proposed communication tower, upon commercially
reasonable terms applicable to the location of the proposed tower.
Subsection (e) [Lines 442-448] contains construction requirements, which are generally
similar to existin~: provisions.
Subsection (I) [Lines 450-486] sets forth landscaping and screening requirements, which are
generally similar to existing provisions.
Subsection (g) [Lines 488-507] contains setback requirements generally similar to existing
provisions.
Subsection (h) [Lines 509-535] adds new requirements concerning the protection of public
safety communicHtion facilities and water tanks. These provisions are intended to ensure that the
operation of such facilities is not compromised by private wireless communications. In particular:
· No private wireless telecommunications equipment shall be allowed: (i) on
sites with public safety communications facilities or within the secure
compounds of such sites; (ii) in any location at which the Director or
Communication and Information Technology determines, based upon an
intermodulation study, that the operation of the proposed wireless
telecommunications facilities would present a substantial possibility of
causing interference with one or more public safety communications
facilities and cannot be satisfactorily mitigated; or (iii) in any location within
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a 200 - foot buffer of the microwave path of any existing or future public
safety communications microwave facility.
. No private wireless telecommunications equipment shall be allowed on any
City water tank or within the secure area of any water tank site unless there
is a demonstrable public need for wireless telecommunications services in
the area to be served by such facilities and there is no reasonable alternative
site available. In such cases, the applicant shall be required, as a condition
of the conditional use permit, to comply at all times with the security plan
approved by the City Council.
Subsection (i) [Lines 537-563] prohibits signage, incorporates Federal Communications
Commission and Federal Aviation Administration requirements and provides for periodic
inspections of communication towers by the City. It also adds a requirement that communication
towers or wireless telecommunications equipment that are not in use for a period of one year must
be removed within ninety days after notification by the City. If not removed in a timely fashion, the
City may contract for the removal and charge the cost to the owner of the communication tower or
wireless telecommunications equipment.
Subsection (j) [Lines 565-590], which is new, allows communication towers that are affixed
to electric transmission line structures and that meet the requirements of the subsection as
permitted (i.e., by-right) uses. The intent of this subsection is to encourage communication towers
on electric transmission towers by providing an incentive (i.e., not requiring a conditional use
permit) to locate them on such towers. Building-mounted antennas that are hidden from view are
similarly encouraged. There is also a requirement that the abutting property owners be notified
that site plan or building permit application seeking approval of such a tower before approval is
given.
Sec. 301. Use regulations [Preservation District].
(a) Principal and conditional uses. The following chart lists those uses permitted
within the P-1 Preservation District. Those uses and structures shall be permitted as either
principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures
other than as specified shall be permitted.
TABLE INSET:
USE
P-1
Communication towers
C
Television or other broadcasting stations and line of Eight relay
devicos
C
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805
COMMENT
The term "line-of-sight relay devices" is replaced by "communication towers," which are
currently allowe,d as conditional uses. No other substantive changes are made to the section..
Sec. 401. USE! regulations [Agricultural Districts].
(a) Principal and conditional uses. The following chart lists those uses
permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in
the respective agricultural districts shall be permitted as either principal uses indicated
by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
"X" shall be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
USE
AG-1
AG-2
Buildina-mounted antennas meetina
the requirement:) of Section 232(j)
E
E
Buildina-mounted antennas. except
as specified above
C
C
Communication towers meetina
the requirement:; of Section 232(j)
E
p
Communication towers. except
as specified above
C
C
Television or other broadcasting stations,
cellular telephone ~mtenna and line of sight
relay devices
C
C
COMMENT
The amendments allow building-mounted antennas and communication towers meeting the
requirements of Section 232(j) as permitted uses in the AG-l and AG-l Agricultural Districts.
Communication towers and building-mounted antennas not meeting those requirements are
allowed as conditional uses.
19
I: I
806 The term "line-of-sight relay devices" is replaced by "communication towers," in order to
807 conform the terminology used throughout the zoning ordinance.
808
809
810 Sec. 501. Use regulations [Residential Districts].
811
812 (a) Principal and conditional uses. The following chart lists those uses
813 permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures
814 in the respective residential districts shall be permitted as either principal uses indicated
815 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
816 "X" shall be prohibited in the respective districts. No uses or structures other than as
817 specified shall be permitted.
818
Use
R-40 R-30 R-20 R-15 R-10 R-
7.5
R-
5D
R- R-5S R-2.5
5R
Communication
towers meetinQ
the reauirements
of Section 232(j)
P
P
P
P
P
P
P
P
P
P
Communication
towers, except
as specified
above
C
e
C
C
C
C
e
C
C
C
Television or
other
broadcasting
stations, cellular
tolophone
antenna aM
lino of sight
rolay dovices
e
C
e
e
e
e
e
e
C
C
819
820 COMMENT
821
822 The amendments allow and communication towers meeting the requirements of Section
823 232(j) as permitted uses in Residential Districts. Communication towers not meeting those
824 requirements are allowed as conditional uses.
825
826 The term "line-of-sight relay devices" is replaced by "communication towers," in order to
827 conform the terminology used throughout the zoning ordinance.
828
829
830
831
20
832 Sec. 601. USE! regulations [Apartment Districts].
833
834 (a) Principal and conditional uses. The following chart lists those uses
835 permitted within the A-12 through A-36 Apartment Districts. Those uses and structures
836 in the respective apartment districts shall be permitted as either principal uses indicated
837 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
838 "X" shall be pmhibited in the respective districts. No uses or structures other than as
839 specified shall be permitted.
840
841
Use
A-12 A-18 A-24 A-36
/\ntennas, b BuildinQ-mounted antennas meetinQ the
requirements of Section 232m
P P P P
I\ntonnas, b Building-mounted antennas. except as
specified abov1;!
PC P ..Q P ..Q PC
Communication towers meetinQ
the requirement::; of Section 232(j)
Communication towers. except as specified above
P P P P
C C C C
Television or other broadcasting stations, cellul3r
telephone ~mtenna and line of sight relay devioes
C C C C
842
843 COMMENT
844
845
846 The amellldments allow building-mounted antennas and communication towers meeting the
847 requirements of Section 232(j) as permitted uses in Apartment Districts. Communication towers
848 and building-mounted antennas not meeting those requirements are allowed as conditional uses.
849
850 The term "line-of-sight relay devices" is replaced by "communication towers," in order to
851 conform the terminology used throughout the zoning ordinance.
852
853
854 Sec. 701. Use regulations [Hotel District].
855
856 (a) Principal and conditional uses. The following chart lists those uses
857 permitted within the H-1 Hotel District. Those uses and structures in the district shall be
858 permitted as either principal uses indicated by a "P" or as conditional uses indicated by
859 a "C." Uses and structures indicated by an "X" shall be prohibited in the district. No uses
860 or structures o1her than as specified shall be permitted.
861
862
863
21
I I
Use
H-1
Communication towers. except as specified above
.E
PC
.E
C
BuildinQ-mounted antennas meetinQ the requirements of Section 232m
Antennas, b Building-mounted antennas. except as specified above
Communication towers meetinQ the requirements of Section 232m
Television or other broadcasting stations, collul3r tolophono :mtennas and lino of
sight rol3y dovices
C
864
865 COMMENT
866
867 The amendments allow building-mounted antennas and communication towers meeting the
868 requirements of Section 232(j) as permitted uses in the H-1 Hotel District. Communication towers
869 and building-mounted antennas not meeting those requirements are allowed as conditional uses.
870
871 The term "line-of-sight relay devices" is replaced by "communication towers," in order to
872 conform the terminology used throughout the zoning ordinance.
873
874
875 Sec. 801. Use regulations [Office Districts].
876
877 (a) Principal and conditional uses. The following chart lists those uses permitted
878 within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective GffiGe
879 Districts office djstricts shall be permitted as either principal uses indicated by a "P" or as
880 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited
881 in the respective districts. No uses or structures other than as specified shall be permitted.
882
USE
0-1
0-2
I
BuildinQ-mounted antennas meetinQ the requirements of Section 232m
.E .E
antennas, b ~uilding-mounted antennas. except as specified above
X
PC
Communication towers meetinQ the requirements of Section 232m
.E
.E
Communication towers. except as specified above
C
C
Television or other broadcasting stations, cellular telephono antennas :md
linG of sight rolay devices
C
C
883
22
884 COMMENT
885
886 The amendments allow building-mounted antennas and communication towers meeting the
887 requirements of Section 232(j) as permitted uses in the 0-1 and 0-2 Office Districts.
888 Communication towers and building-mounted antennas not meeting those requirements are
889 allowed as conditional uses.
890
891 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by
892 "communication towers," in order to conform the terminology used throughout the zoning
893 ordinance.
894
895
896 Sec. 901. Use r1i!gulations [Business Districts].
897
898 (a) Principal and conditional uses. The following chart lists those uses permitted
899 within the B-1 through B-4K Business Districts. Those uses and structures in the respective
900 business districts. shall be permitted as either principal uses indicated by a "P" or as conditional
901 uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the
902 respective districts. No uses or structures other than as specified shall be permitted.
903
904
USE
Buildino-mountecl antennas meetino the
requirements of Section 232(j)
antennas, b ~uild ing-mounted antennas.
except as specifiBd above
Communication towers meetino the
requirements of Section 232(j)
Communication towers, except as
specified above
Radio or television broadcasting stations
and lino of sight relay devicoE;
B-1 B- B-2 B-3 B- B-4 B- B-
1A 3A 4C 4K
.E .E .E .E .E .E .E .E
X X-C PC PC PC PC PC X
.E .E .E .E P .E P P
X C C C C C C X
X
C
C
C
C
C
C
X
905
906
907
908
909 COMMENT
910
911 The amendments allow building-mounted antennas and communication towers meeting the
912 requirements of Section 232(j) as permitted uses in all Business Districts. Communication towers
913 and building-mounted antenna not meeting those requirements are allowed as conditional uses,
914 except in the B-1 Neighborhood Business and B-4K Historic Kempsville Area Mixed Use Districts.
915
23
I I
916 The term "cellular telephone antennas and line-of-sight relay devices" is replaced by
917 "communication towers," in order to conform the terminology used throughout the zoning
918 ordinance.
919
920 Sec. 1001. Use regulations [Industrial Districts].
921
922 (a) Principal and conditional uses. The following chart lists those uses
923 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the
924 respective industrial districts shall be permitted as either principal uses indicated by a
925 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
926 shall be prohibited in the respective districts. No uses or structures other than as
927 specified shall be permitted.
928
Use
1-1
1-2
Buildino-mounted antennas meetino the requirements of Section 232m
E E
:mtenn:::lG, b .!;!uilding-mounted antennas. except as specified above
C
C
Communication towers meetino the requirements of Section 232m
E
C
E
C
Communication towers. except as specified above
Radio or television transmission, collular telephone antenna and relay
stations
C
C
929
930 COMMENT
931
932 The amendments allow building-mounted antennas and communication towers meeting the
933 requirements of Section 2320) as permitted uses in the 1-1 and 1-2 Industrial Districts. Building-
934 mounted antennas and communication towers not meeting those requirements are allowed as
935 conditional uses.
936
937 The term "cellular telephone antenna" is replaced by "communication towers," in order to
938 conform the terminology used throughout the zoning ordinance.
939
940
941 Sec. 1501. Use regulations [RT-1 Resort Tourist District].
942
943 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist
944 District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a
945 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et
946 seq.). No uses or structures other than those specified shall be permitted. All uses, whether
947 principal or conditional, should to the greatest extent possible adhere to the provisions of the
948 Oceanfront Resort Area Design Guidelines.
24
949
950
951
952
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
Use
RT-1
Building-mounted antennas meetinq the
requirements of Section 232m
p
Building-mounted antennas, except as
specified abovE~
c
COMMENT
The amendment allows building mounted antennas meeting the requirements of Section
232(j) as a principal use. Other building-mounted antennas are allowed as conditional uses.
Sec. 1511. Us.:! regulations [RT -2 Resort Tourist District].
(a) The following chart lists those uses permitted within the RT-2 Resort Tourist
District as either principal uses, as indicated by a "P," or as conditional uses, as indicated by a
"C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et
seq.). Buildings within the RT-2 District may include any principal or conditional uses in
combination with any other principal or conditional uses. No uses or structures other than those
specified shall be permitted. All uses, whether principal or conditional, shoul~ to the greatest
extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines.
U~e
RT-2
antonnaE:, b~uilcling-mounted antennas meetina the
requirements of Section 232m
P
Buildinq-mountecl antennas, exceot as soecified above
C
Communication towers
c
Radio and television broadcasting stations,
cellular antenna and lino of sight relay do'Jices
c
COMMENT
The amendments allow building-mounted antennas meeting the requirements of Section
232(j) as permitted uses in the RT -2 Resort Tourist District and otherwise as conditional uses.
25
I I
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
Communication towers are allowed only as a conditional use, irrespective of whether they comply
with the requirements of Section 232(j).
The term "line-of-sight relay devices" is replaced by "communication towers," which are
allowed as a conditional use. The amendment is not substantive, as the present provision allows
communication towers under the name of "line-of-sight relay devices."
Sec. 1521. Use regulations [RT-3 Resort Tourist District].
(a) The following chart lists those uses permitted within the RT-3 Resort Tourist
District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a
"C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et
seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within
the RT -3 District may include any principal or conditional uses in combination with any other
principal or conditional use. No uses or structures other than those specified shall be permitted.
All uses, whether principal or conditional, should to the greatest extent possible adhere to the
provisions of the Oceanfront Resort Area Design Guidelines.
Use
RT-3
:lntennas, bj2uilding-mounted antennas meetina the
reauirements of Section 232m
E
C
Buildina-mounted antennas. exceot as soecified above
Communication towers
C
Radio and television broadcasting stations,
cellular antenna and line of sight relay devices
p
COMMENT
The amendments allow building-mounted antennas meeting the requirements of Section
232(j) as permitted uses in the RT -3 Resort Tourist District and otherwise as conditional uses.
Communication towers are allowed only as a conditional use, irrespective of whether they comply
with the requirements of Section 232(j).
The term "line-of-sight relay devices" is replaced by "communication towers," which are
allowed as a conditional use. The amendment is not substantive, as the present provision allows
communication towers under the name of "line-of-sight relay devices."
26
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
Adopted by the Council of the City of Virginia Beach, Virginia, on this
of , 2008
CA-10599
June 24, 2008
R-12
Approved as to Content:
Approved as to Legal Sufficiency:
UJiJiWLfI), Md
City Attorney's Office
27
day
I I
M. APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
REVIEW and ALLOCATION COMMITTEE (COG)
I I
N. UNFINISHED BUSINESS
I I
O. NEW BUSINESS
P. ADJOURNMENT
CITY COUNCIL TWO-DAY
GOAL SETTING WORKSHOP
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
I I
r CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: July 1,2008 M B L
D C E L
E D H C R A W
PAGE: I S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
, I BRIEFINGS:
A ASSESSMENT OF URBAN LANDFll..L Phil Davenport,
DEVELOPMENT Public Works
Steven Nesbitt,
Project 'Manager -
Malcolm Pirnie
B ADOPTION FRIENDLY ANIMAL AM. Jacocks,
CONTROL PROGRAM Chief - Police
Department
C COMMUNICATION TOWERS William Macali,
Deputy - City
Attorney
III CERTIFICA TION OF CLOSED
IlI/IVNNI SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y Y A Y Y
E
F MINUTES June 24,2008 APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y
G PROCLAMATION:
Pungo Strawberry Festival's 2S'~
Anniversary
HI! Lease of City-Owned Property at 3180 New NO SPEAKERS
Bridge Road
JIK-I Resolution and Ordinance re DEBT ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
MANAGEMENT CONSENT
POLICIES/GUIDELINES:
a. AMEND to include Energy Performance
Contracts
b. ESTABLISH CW# 3-1 19/
APPROPRIATE $5-Million for the City
c. ESTABLISH CW # 1- I 09/
APPROPRIA TE $5-Million for the
Schools
d. City will review contracts re
effectiveness at the end of 2 years
2 Resolution to AUTHORIZE (MOU) re ADOPTED BY 10-0 Y Y Y Y y Y Y y A Y Y
Sandler Center for the Performing Arts CONSENT
Foundation
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
0 I
DATE: July 1,2008 M B L
D C E L
E D H C R A W
PAGE: 2 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
3 Ordinance to AUTHORIZE First ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
Amendment to 2003 Purchase CONSENT
Agreement with LifeNet
4 Ordinance to AUTHORIZE Lease ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
with RW White Farm, LLC re CONSENT
City-owned land at 3 I 80 New
Bridge Road
5 Resolution to RECOGI'IZE/COMMEND ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
Wave ChurchlHampton Roads Community CONSENT
Care re services to children/families
throul!hout HamDton Rm,ds
6 Ordinance to TRANSFER $139,900 to ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
support tax eumption for CONSENT
elderly/disabled
7 Ordinance to APPROPF:IA TE funds to ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
Sheriff's budget to effect state pay increases CONSENT
for Uniformed SberiffFersonnel as
follows:
a. ACCEPT $174,647 f.om
Commonwealth of V A C Jmp Board
b. APPROPRIATE $I~;I.230 from
Sheriff's Special RevenUi: to advance
pay increases
c. TRANSFER $34.196 re fringe
benefits
8 Ordinance to APPROPR IA TE ADOPTED BY 10-0 Y Y Y Y Y Y Y Y A Y Y
$75,000 from Sheriff's Revenue to CONSENT
operating budget re a Lallguage
Fluency Stipend Pilot Program
ADD ON Resolution honoring MaYJr Oberndorf for ADDED/ 10-0 Y Y Y Y Y Y Y Y A Y Y
her 20 years as Mayor and 32 years as a ADOPTED BY
Member of Citv Council CONSENT
UI NEW CINGULAR WIRELESS PCS, APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y
LLC (T/A AT&T) CUP'e communication CONDITIONED
tower at 5060 Ferrell Par <way. BY CONSENT
DISTRICT I - CENTERv'ILLE
2 AASHNI PROPETIES !-::UP re automated APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y
car wash at 5636 Princess Anne Road. CONDITIONED
DISTRICT 2 - KEMPSVILLE BY CONSENT
3 TERRY SPITZER CUP re APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y
noncommercial marina and pier at 3850 CONDITIONED
Little Neck Point Road BY CONSENT
DISTRICT 5 - L YNNHA VEN
II" CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: July 1,2008 M B L
D C E L
~ E D H C R A W
PAGE: 3 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
I H L R Y S N F N A N D
4 CHRIS WYNNE CUP re riding APPROVED/ 10-0 Y Y Y Y Y Y Y Y A Y Y
academy/horse boarding at 1825 Pleasant CONDrrIONED
i Ridge Road
DISTRICT 7 - PRINCESS ANNE
5 SANDRA K. SAWYER (Sandy's Angels DEFERRED TO 9-1 Y N Y Y Y Y Y Y A Y Y
Daycare) CUP re in-home daycare at 5621 AUGUST 12,
Parkland Court 2008
DISTRICT I - CENTERVILLE
6 Ordinances re (CZO): ADOPTED BY ]0-0 Y Y Y Y Y Y Y Y A Y Y
CONSENT
a. AMEND ~ III re definition of
"Family"
b. AMEND ~ 103 to reflect provisions of
(HB 430) re Zoning Administrator/
issuance of inspection warrants
c. AMEND ~ 103 re Civil Penalties
to reflect provisions of (HB 1308)
d. AMEND ~ 160 I re Coastal Primary
Sand Dune to reflect change (HB 1308)
expanding definition of coastal primary
sand dune
M
APPOINTMENTS
BEACHES and WATERWAYS RESCHEDULED B Y C 0 N S E N S U S
COMMISSION
BIKEWAYS and TRAILS ADVISORY RESCHEDULED B Y C 0 N S E N S U S
COMMmEE
HISTORIC PRESERVATION RESCHEDULED B Y C 0 N S E N S U S
COMMISSION
HUMAN RIGTHS COMMISSION RESCHEDULED B Y C 0 N S E N S U S
OPEN SPACE ADVISORY COMMmEE RESCHEDULED B Y C 0 N S E N S U S
; REVIEW and ALLOCA nON RESCHEDULED B Y C 0 N S E N S U S
i COMMITTEE (COG)
I
N/O/P ADJOURNMENT 7:07 PM
PUBLIC COMMENTS I Speaker I
7:07 - 7:15 PM
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: July 1,2008 M B L
D C E L
E D H C R A W
PAGE: 4 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
City Council Sessions for July and August
July 8 .
July 9 - August 4
August 5
August 12
August 19
August 26
Briefing, Informal, Formal, including Planning
City Council Vacation
Cancelled - "National Night Out"
Briefing, Informal, Formal, including Planning
City Council Workshop
Briefing, Informal, Formal, including Planning
CITY COUNCIL TWO-DAY
GOAL SETTING WORKSHOP
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER