HomeMy WebLinkAboutMAY 26, 2009 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR WIllIAM D. SESSOMS JR., At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
GLENN R. DA VIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES 1. WOOD, Lynnhaven -District 5
CITY COUNOL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY A TfORNEY - MARK D. STILES
CITY ASSESSOR - JERALD HANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER. MMC
CITY COUNCIL AGENDA
26 MAY 2009
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. HIGH SPEED RAIL
Robert Matthias, Assistant to the City Manager
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
II I
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: ctycnc/@vbgov.com
3:00 PM
4:30 PM
V. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Edward L. Moore, Pastor
Grace Covenant Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
SPECIAL FORMAL SESSION
May 5, 200~
2.
INFORMAL and FORMAL SESSIONS
May 12, 2009
G. MAYOR'S PRESENTATION
1. RESOLUTION re SPECIAL OLYMPICS
G. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Dolphin Run - 3rd Street and Atlantic Avenue
b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) -- 910 Atlantic Avenue
2. EXCESS CITY PROPERTY -Interfacility Traffic Area
Conveyance of easements - Indian River, Landstown and Salem Roads
H. AGENDA FOR FORMAL SESSION
I. CONSENT AGENDA
I I I
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND the City Code:
a. SS 5-602, 12.43.2 and 38-3 re the regulation and control of animals and birds
b. S 6-120-2 re the regulation of personal watercraft rentals
2. Resolution COMMENDING Robert S. Miller III, for his Twenty-Eight (28) Years of
Volunteer Service to the Special Olympics
3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned properties
in the Interfacility Traffic Area (IT A) to be EXCESS property and AUTHORIZE the
City Manager to convey these properties to the United States of America Department of
the Navy (USN) for $,4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road (6 parcels)
2437 Salem Road
4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two five (5)
year Franchise Agreements for open air cafes at the Resort Area.
5. Ordinance to AUTHORIZE the City Manager to execute a four (4) month lease for
vehicular parking with the Dolphin Run Condominium Association, Inc. at 3rd Street
and Atlantic A venue
6. Resolution ofthe CITY OF VIRGINIA BEACH re Spot Blight Abatement (Citv Code
& 16-39) Determination at 620 Counselor Square.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
7. Ordinance to AUTHORIZE the acquisition of blighted property by eminent domain at
620 Counselor Square for the purpose of rehabilitation to a qualified builder, developer or
other entity and APPROPRIATE $82,778 needed for acquisition.
8. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-
way for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct and maintain
three (3) parking areas and two (2) four (4") inch conduits.
DISTRICT 4 - BA YSIDE
9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the American
Recovery and Reinvestment Act (ARRA) under the Community Development Block
Grant to the Department of Housing and Neighborhood Preservation's FY 2008-09
operating budget re rehabilitation of eligible owner-occupied housing units.
10. Ordinance to APPROPRIATE $70,000 from the fund balance of the General Fund to
provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of
a replacement ambulance.
K. PLANNING - NO ACTION NECESSARY
1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and
the requirements of the National Flood Insurance Program.
2. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady
Road and 2305 Potters Road. (Deferred by the Planning Commission)
DISTRICT 6 - BEACH
L. PLANNING
1. Application of the CITY OF VIRGINIA BEACH for a street closure (unimproved) at
Terrell A venue to incorporate the right-of-way into surrounding property owned by the
City.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
2. Application of the CAVALIER GOLF and YACHT CLUB for the closure of a portion
of Cardinal Road from the north side of Starling Court to its terminus.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
3. Application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC
for a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton
Drive. .
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
INDEFINITE DEFERRAL
5. Application of CHESTER and VIVIAN TUCKER for a~~onditional Use Permit to
convert their single family residence into a Country Inn at 1557 Sandbridge Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
II I
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
*********
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 OS/26/2009.gw
www.vbgov.com
6. Application ofFLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S
RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084
Langston Court.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use
Permit re a church at 3016 Virginia Beach Boulevard.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial
at London Bridge and Potters Road. (AICUZ)
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No.1 and 3
(approved by City Council on November 22,2005) re location and the number of antenna
arrays allowed on the tower at 1000 Great Neck Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
10. Ordinance to AUTHORIZE a new Official Zoning Map, which shall replace the
existing Map, due to a change in the computer mapping format used to store the data and
develop the printed copies. There are no changes between the current and proposed maps
in regard to the Zoning Districts or to their existing locations.
RECOMMENDATION
ADOPTION
M. APPOINTMENTS
BA YFRONT ADVISORY COMMITTEE
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOATRD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
II I
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
3:00 PM
A. HIGH SPEED RAIL
Robert Matthias, Assistant to the City Manager
B. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
II I
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
4:30 PM
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Edward L. Moore, Pastor
Grace Covenant Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
SPECIAL FORMAL SESSION
May 5,2009
2.
INFORMAL and FORMAL SESSIONS
May 12, 2009
.tsolutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
,I I
G. MAYOR'S PRESENTATION
1. RESOLUTION re SPECIAL OLYMPICS
-.
G. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Dolphin Run - 3rd Street and Atlantic Avenue
b. Theme Restaurants, Inc. (t/a II Giardino Ristorante) - 910 Atlantic Avenue
2. EXCESS CITY PROPERTY - Interfacility Traffic Area
Conveyance of easements - Indian River, Landstown and Salem Roads
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING
on the proposed leasing of City-owned property on Tuesday,
May 26, 2009, at 6:00 p.m. in the Council Chamber of the
City Hall Building (Building #1) at the Virginia Beach
Municipal Center, Virginia Beach, Virginia. The purpose of
this Hearing will be to obtain public comment on the City's
proposal to lease the following parcel:
Approximately 0.09 acres of land located at 3rd Street
and Atlantic Avenue.
If you are physically disabled or visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing impaired, call
TDD 711 (TOO Telephone Device for the Deaf).
Any questions concerning this matter should be directed to
the Department of Management Services - Facilities
Management Office, Room 228. Building 18, at the Virginia
Beach Municipal Center at (757) 385 5659.
Ruth Hodges Fraser, MMC
City Clerk
Beacon May 17, 2009
20149481
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING
at 6:00 P.M. on May 26, 2009 in the City Council CharT'ber
regarding the proposed cafe franchise lease of City-owned
property located at 910 Atlantic Avenue to Theme
Restaurants, Inc., tja II Giardino Ristorante.
The purpose of the Hearing will be to obtain public
comment on the proposed lease of City property. A copy of
the franchise lease agreement is on file in the City Clerk's
office. The City Council Chamber is located on the second
floor of the City Hall building (Building #1) at 2401
Courthouse Drive, Virginia Beach, Virginia 23456. Any
questions concerning the above-referenced franchise should
be directed to Mike Eason, Virginia Beach Convention and
Visitor's Bureau, by calling (757) 385-6639.
Beacon May 17, 2009
20149512
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PUBLIC HEARING
SALE OF EASEMENT OVER CITY PROPERTY
~ The Virginia Beach City Council will hold a PUBLIC HEARING
I on the sale of restrictive easements to the United States
I' Navy over 13 City-owned properties in the Inter-facility Traffic
Area (ITA), Tuesday, May 26, 2009, at 6:00 p.m., in the
I Council Chamber of the City Hall Building (Building #1)
, Municipal Center, Virginia Beach, Virginia. The properties to
! be subject to the easements are (by location, GPIN):
! 3592 Indian River Road, 52 acres, 14B3-38-6300;
< 2561 Salem Road 18.5 acres, 1484-22-6306;
: Salem Road 9.13 Acres, 1484-21-5994;
< Salem Road Parcel B, 17.38 Acres, 1484-41-0190;
Salem Road Parcel A 1.01 Acres 1484-30-8994;
Salem Road 9.56 Acres1484-31-9964;
Salem Road 16.526 Acres 1483-59-8490;
I Salem Road 1.531 Acres 1484-50-8055;
· Salem Road 23.882 Acres 1484-60-3726;
Landstown Road 31.85 Acres 1484-61-2506;
Salem Road 19.733 Acres 1484-21-6047;
2433 Salem Road 2.07 Acres 1484-23-6232; and
2437 Salem Road 6.25 Acres 1484-23-8037
This Hearing will be to' obtain public input to determine
whether these easements should be declared "excess of the
City's needs."
If you are physically disabled or visually impaired and
. need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303; Hearing impaired, call
1-800-828-1120 (Virginia Relay -Telephone Device for the
Deaf).
Any questions conceming this matter should be directed to
the Office of Real Estate, Municipal Building #2, Room 392,
(757) 385-4161
Ruth Hodges Fraser, MMC
City Clerk
Beacon May 17, 2009
20171633
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND the City Code:
a. SS 5-602, 12.43.2 and 38-3 re the regulation and control of animals and birds
b. S 6-120-2 re the regulation of personal watercraft rentals
2. Resolution COMMENDING Robert S. Miller III, for his Twenty-Eight (28) Years of
Volunteer Service to the Special Olympics
3. Ordinance to DECLARE restrictive easements over thirteen (13) City-owned properties
. in the Interfacility Traffic Area (IT A) to be EXCESS property and AUTHORIZE the
City Manager to convey these properties to the United States of America Department of
the Navy (USN) for $,4,050,000:
3592 Indian River Road
Landstown Road
2433 Salem Road
Salem Road, Parcel B
Salem Road, Parcel A
2561 Salem Road
Salem Road (6 parcels)
2437 Salem Road
4. Ordinance to GRANT Theme Restaurants, Inc., t/a II Giardino Ristorante two five (5)
year Franchise Agreements for open air cafes at the Resort Area.
5. Ordinance to AUTHORIZE the City Manager to execute a four (4) month lease for
vehicular parking with the Dolphin Run Condominium Association, Inc. at 3rd Street
and Atlantic Avenue
6. Resolution of the CITY OF VIRGINIA BEACH re Spot Blight Abatement (City Code
& 16-39) Determination at 620 Counselor Square.
DISTRICT 3 - ROSE HALL
RECOMMENDATION
APPROVAL
7. Ordinance to AUTHORIZE the acquisition of blighted property by eminent domain at
620 Counselor Square for the purpose of rehabilitation to a qualified builder, developer or
other entity and APPROPRIATE $82,778 needed for acquisition.
8. Ordinance to AUTHORIZE temporary encroachments into a portion of City right-of-
way for JAMES M. ARNHOLD at 4332 Sandy Bay Drive to construct and maintain
three (3) parking areas and two (2) four (4") inch conduits.
DISTRICT 4 - BA YSIDE
9. Ordinance to APPROPRIATE $660,901 Federal Stimulus funds from the American
Recovery and Reinvestment Act (ARRA) under the Community Development Block
Grant to the Department of Housing and Neighborhood Preservation's FY 2008-09
operating budget re rehabilitation of eligible owner-occupied housing units.
10. Ordinance to APPROPRIATE $70,000 from the fund balance ofthe General Fund to
provide an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of
a replacement ambulance.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Sections 5-602, 12-43.2 and 38-3 of the City Code
Pertaining to Regulation and Control of Animals and Birds
-~
MEETING DATE: May 26, 2009
. Background: In 1992, most of Virginia Beach was designated a bird sanctuary,
making it unlawful for any person to kill or injure any bird or to destroy the nest or eggs
of any bird. The City Code provides no exception for federal, state or local government
animal or fowl management agency agents. Additionally, City Code provisions
prohibiting the discharge of weapons and the use of pyrotechnics do not provide
exemptions for the various governmental animal and fowl management agencies.
. Considerations: This ordinance will add exceptions to the bird sanctuary,
weapon discharge and pyrotechnics ordinances for federal, state and local government
animal and fowl management agency agents. These exceptions will allow these agents
to take the lawful actions necessary to manage animal and fowl populations that present
a threat to public safety and/or health. An example of contemplated actions includes
the use of pyrotechnics and/or firearms to discourage the roosting/nesting of vultures in
a citizen's back yard.
. Public Information: This item will be disseminated to the public through the
regular Council agenda notification process.
. Recommendations: Adopt ordinance.
. Attachments:. Ordinance.
Recommended Action: Approval .~
Submitting Department/Agency: Police Department j'A L.-
City Manage~ 't,~
1 AN ORDINANCE TO AMEND SECTIONS 5-
2 602, 12-43.2 AND 38-3 OF THE CITY CODE
3 PERTAINING TO REGULATION AND
4 CONTROL OF ANIMALS AND BIRDS
5
6 SECTIONS AMENDED: 995-602, 12-43.2 and 38.3
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Sections 5-602, 12-43.2 and 38.3 of the Code of the City of Virginia Beach,
12 Virginia, are hereby amended and reordained to read as follows:
13
14 Sec. 5-602. Killing or injuring birds, etc.
15
16 fill It shall be unlawful for any person to kill or injure any bird or to destroy the
17 nests or eggs of any bird, except starlings, in the bird sanctuary established by section
18 5-600; provided that such restrictions shall not prevent the lawful hunting of game birds
19 under authority of a permit issued pursuant to the provisions of section 38-3 of this
20 Code.
21
22 fQl The provisions of this section shall not be applicable to any federal. state
23 or local qovernment animal or fowl manaqement aqency aqents actinq within the scope
24 of their lawful duties and as permitted under the provisions of the Federal Miqratorv Bird
25 Treaty Act.
26
27 Sec. 12-43.2. Fireworks and pyrotechnic displays unlawful; exceptions.
28
29 (a) Except as otherwise provided in this section it shall be unlawful for any
30 person to transport, manufacture, assemble, store, sell, offer or display for sale, or to
31 buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or
32 other substance or device that contains any explosive or flammable compound or
33 substance, and is intended or commonly known as fireworks, and which explodes, rises
34 into the air or travels laterally, fires projectiles or discharges sparks into the air.
35
36 (b) The provision of this section shall not be applicable to i.1lany organization
37 or group of individuals which has been granted a permit by the fire official for the public
38 or private display of fireworks or pyrotechnics, provided that such fireworks are stored,
39 handled, transported and used in compliance with the terms and conditions of such
40 permit~ or (2) any federal. state or local qovernment animal or fowl manaqement aqency
41 aqents actinq within the scope of their lawful duties. Such aqents shall provide the Fire
42 Marshall's Office with at least 24 hours notice of intent to possibly employ pyrotechnic
43 tactics.
44
I I
45 (c) The fire marshal or any law enforcement officer shall be authorized to
46 seize, take, remove or cause to be removed, at the expense of the owner, all fireworks
47 offered or exposed for display or sale, stored or held in violation of this section.
48
49 (d) Violation of any provision of this section shall constitute a Class 1
50 misdemeanor.
51
52 Sec. 38-3. Discharge of firearms, air guns, etc.
53
54 (a) It shall be unlawful for any person to discharge any firearm, spring-
55 propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water
56 north or west of the trace of the line beginning at the intersection of North Landing Road
57 and the Chesapeake-Virginia Beach city boundary line; thence northwardly along North
58 Landing Road to Indian River Road; thence eastwardly along Indian River Road to New
59 Bridge Road; thence northeastwardly along New Bridge Road to Sandbridge Road,
60 thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, or
61 across any land north of False Cape State Park and east of Shipps Bay and Point
62 Creek. This prohibition shall not apply to shotguns discharging pellets under the
63 following conditions:
64
65 (1) On land that is fifty (50) acres or more of contiguous area, or less than
66 fifty (50) acres of contiguous area south of the trace of the line beginning
67 at the intersection of Elbow Road and the Chesapeake-Virginia Beach city
68 boundary line; thence northeastwardly along Elbow Road to Salem Road;
69 thence southeastwardly along Salem Road to North Landstown Road;
70 thence northeastwardly along Landstown Road to Princess Anne Road;
71 thence southeastwardly along Princess Anne Road to Sand bridge Road;
72 thence eastwardly along Sand bridge Road to its intersection with the
73 Atlantic Ocean; and
74 (2) Under one (1) ownership; and
75 (3) Used primarily for agricultural purposes; and
76 (4) The landowner has applied for an annual permit from the city manager to
77 use his' property for this purpose, which permit shall be granted by the city
78 manager if the applicant meets the requirements of this section; and
79 (5) The person discharging a shotgun as herein set forth shall, at all times
80 while engaged in such activity, have in his possession written permission
81 from the landowner to discharge such weapon on the premises; and
82 (6) All permits shall expire on the next June 30 after the date of issuance.
83
84 (b) Notwithstanding the provisions of subsection (a)(4) above, no permit shall
85 be issued to a landowner if it is determined by the city manager or his duly authorized
86 agent that the issuance of such permit would be detrimental to the public safety, and
87 any permit that has been issued and is in effect may be revoked by the city manager if it
88 is determined by the city manager or his duly authorized agent that conditions have
89 changed since the date of issuance of the permit that cause the continued use of the
90 land for the permitted purpose to be detrimental to the public safety.
91
92 (c) It shall be lawful to discharge firearms of .22-caliber or less south of the
93 trace line enumerated in subsection (a) subject to the provisions of this section. It shall
94 be unlawful to discharge any firearms greater than .22-caliber any place within the city;
95 provided, however, that muzzleloading rifles using a charge of black powder or black
96 powder equivalent may be used to hunt deer during the open season prescribed
97 therefor by the Department of Game and Inland Fisheries south of the trace of the line
98 described in subsection (a)(1). For purposes of this section, a muzzleloading rifle shall
99 mean a single-shot flintlock or. percussion rifle, .45 caliber or larger, firing a single lead
100 projectile or sabot with a .38 caliber or larger nonjacketed lead projectile of the same
101 caliber loaded from the muzzle of the weapon and propelled by at least fifty (50) grains
102 of black powder or black powder equivalent.
103
104 (d) Notwithstanding any other provisions of this section, it shall be unlawful for
105 any person to discharge any firearm, spring-propelled rifle "or pistol, or air-propelled rifle
106 or pistol from, on, across or within one hundred fifty (150) yards of any building,
107 dwelling, street, sidewalk, alley, roadway or public land or public place within the city
108 limits.
109
110 (e) The prohibitions of this section shall not apply to the operation of a
111 shooting event that is sponsored by an organized group, provided, the written approval
112 of the chief of police as to the safety and location of the event is obtained prior to the
113 event.
114
115 (f) Nothing in this section shall be construed to prohibit the discharge of
116 firearms and other weapons by ill law enforcement agoncies and officers; (2) military
117 forces personnel; or (3) federal. state or local Qovernment animal or fowl manaQement
118 aQency aQents in the city as part of authorized training or in the performance of their
119 duties.
120
121 (g) A violation of any provision of this section shall constitute a Class 1
122 misdemeanor.
123
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
day of I 2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
--:];7/1/./1. C<. --7-'?R~
Police Department
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APPROVED AS TO CONTENT:
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Fire Department
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May 15, 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 6-120.2 of the City Code Pertaining to
Regulation of Personal Watercraft Rentals
MEETING DATE: May 26, 2009
. Background: In 1999, City Council enacted City Code S 6-120.2, which
regulates the rental of personal watercraft. The Code section places several restrictions
on the rental of such watercraft, including a prohibition on the rental of personal
watercraft that has an engine displacement which exceeds eight hundred cubic
centimeters ("800 cc").
. Considerations: Although personal watercraft with an engine displacement of
800 cc were commonplace and easily attainable in 1999, manufacturing standards have
changed, and now almost all personal watercraft are manufactured with engine
displacement that exceeds 800 cc. Governors, however, can be installed on the
engines that limit the maximum speed of the watercraft to no more than 40 miles per
hour. The installation of such governors would effectively limit watercraft with higher
engine displacements to the levels typical of watercraft with 800 cc engines. The
attached ordinance would allow rental of such watercraft equipped with those types of
governors.
The ordinance also prohibits the rental of personal watercraft to persons who are
prohibited by state law from operating such watercraft. Effective July 1, no one under
the age of 21 may operate a personal watercraft unless he or she has successfully
completed .a boating safety course approved by the Virginia Department of Game and
Inland Fisheries. Effective July 1, 2010, the restriction applies to anyone under the age
of 36; effective July 1, 2011, the restriction applies to anyone under the age of 51; and
effective July 1, 2012, the restriction applies to anyone who operates a personal
watercraft.
. Public Information: Information will be disseminated through the regular
Council agenda notification process.
. Attachments: Ordinance
Requested by Councilmember Uhrin
REQUESTED BY COUNCILMEMBER UHRIN
1 AN ORDINANCE TO AMEND SECTION 6-
2 120.2 OF THE CITY CODE PERTAINING TO
3 REGULATION OF PERSONAL
4 WATERCRAFT RENTALS
5
6 SECTION AMENDED: 96-120.2
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 6-120.2 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13
14 Sec. 6-120.2. Regulation of personal watercraft rentals.
15
16 (a) Any business which offers personal watercraft for rent shall require any
17 person to whom a personal watercraft is rented, and any other person who will operate
18 the personal watercraft, to fill out and sign a rental agreement or application. Such
19 agreement or application, which must include the full legal name, address, date of birth
20 and social security number of the renter and any other operator(s), shall be kept on file
21 for a minimum of ninety (90) days.
22
23 (b) Any business which offers personal watercraft for rent shall also require
24 any person to whom a personal watercraft is rented, and any other person who will
25 operate the personal watercraft, to present, prior to such rental or operation, a
26 government-issued identification card containing his or her photograph, and shall retain
27 such identification card, or a copy thereof, during the time the personal watercraft is
28 being rented.
29
30 . (c) No person who rents, leases or operates a personal watercraft shall
31 knowingly misrepresent any material fact or falsify any information requested on the
32 rental agreement or application.
33
34 (d) Any business which offers personal watercraft for rent on a short-term
35 basis (e.g., by the hour or half-hour) shall have at least one motorboat of at least fifty
36 (50) horsepower operated by an employee or agent of the business, in order to monitor
37 and ensure the safe operation of the personal watercraft.
38
39 (e) No business which offers personal watercraft for rent shall rent a personal
40 watercraft that has an engine displacement which exceeds eight hundred (800) cubic
41 centimeters unless the personal watercraft is equipped with a mechanical device that
42 cannot be disabled or removed bv a renter of the watercraft and that limits the maximum
43 attainable speed of the watercraft to no more than 40 miles per hour.
44
I I
45 (f) Any business which offers personal watercraft for rent shall have at tease
46 least two (2) marine VHF radios in operation during the time that a personal watercraft
47 rental is being operated, and such radios shall monitor channel 16 whenever they are
48 not being actively used on a working channel.
49
50 (g) No business which offers personal watercraft for rent shall rent a personal
51 watercraft to any person who is prohibited by state law from operatinq a personal
52 watercraft.
53
54 itl1 A violation of any provision of this section shall constitute a Class 3
55 misdemeanor.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
day of ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ I). ~=-
City Attorney's Office
CA11137
R-2
May 20, 2009
,I III
I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Commending Robert S. Miller, III for His Twenty-Eight Years of
Volunteer Service to the Special Olympics
MEETING DATE: May 28, 2009
.. Background: Robert S. Miller, III has provided volunteer service to the
community for twenty-eight years. Mr. Miller's most significant volunteer work has been
on behalf of children and adults with disabilities through the Virginia Special Olympics
and Area 2 Special Olympics programs. The Special Olympics is a year-round
international program of sports training and athletic competition for children and adults
with intellectual disabilities. Mr. Miller's work on behalf of the disabled also includes
support of the Biznet Residential Village as well as People First and Aktion Club of
Virginia Beach.
Mr. Miller's service to community includes his work with other organizations including:
the Virginia Beach Foundation; the Pembroke Kiwanis Club; Virginia Beach Vision; and
eight years of service on the Virginia Beach Planning Commission.
. Considerations: Robert Miller is a life-long resident of the City of Virginia
Beach. His volunteer efforts provide a model of public service. This example reflects a
deep commitment to improve the quality of life for all of our citizens, especially those
with special needs.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution
Requested by Mayor Sessoms, Vice-Mayor Jones, and Councilmembers Davis,
DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood
I III
Requested by Mayor Sessoms, Vice-Mayor Jones, and Councilmembers Davis,
DeSteph, Diezel, Dyer, Henley, Uhrin, Villanueva, Wilson, and Wood
1 A RESOLUTION COMMENDING ROBERT S.
2 MILLER, III FOR HIS lWENTY-EIGHT YEARS OF
3 VOLUNTEER SERVICE TO THE SPECIAL
4 OLYMPICS
5
6 WHEREAS, Robert S. Miller III is a life-long resident of Virginia Bea~~; and
7
8 WHEREAS, Mr. Miller's volunteer service to his community include' his work on
9 behalf of the Virginia Beach Foundation, the Pembroke Kiwanis Club, Virginia Beach
10 Vision, and eight years of service on the Virginia Beach Planning Commission; and
11
12 WHEREAS, for twenty-eight years, his most significant volunteer work has been
13 on behalf of children and adults with disabilities through the Virginia Special Olympics
14 and Area 2 Special Olympics programs; and
15
16 WHEREAS, Special Olympics is a year-round international program of sports
17 training and athletic competition for children and adults with intellectual disabilities with
18 a goal of helping to bring persons with such disabilities into the larger society under
19 conditions whereby they are accepted, respected, and given the chance to become
20 useful and productive citizens; and
21
22 WHEREAS, Mr. Miller has expanded his support of the Virginia Special Olympics
23 by reaching out to involve many diverse members of the community including
24 volunteers and leadership of the Virginia Beach Neptune Festival who have, for fourteen
25 years, joined with him in supporting the athletic events thereby educating many in the
26 needs and understanding of persons with disabilities and providing an avenue for
27 increased participation for the community as a whole; and
28
29 WHEREAS, Mr. Miller's efforts on behalf of the disabled also include his support
30 of the BIZNET Residential Village for adults with disabilities and his work with People
31 First and Aktion Club of Virginia Beach, a Kiwanis program for adults with disabilities;
32 and
33
34 WHEREAS, his volunteer efforts reflect his deep commitment to improve the
35 quality of life for all of our citizens, especially those with special needs.
36
37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 That the City Council hereby commends Robert S. Miller, III for his twenty-eight
41 years of volunteer service to the Special Olympics.
42
43 Adopted by the City Council of the City of Virginia Beach, Virginia, this
44 day of , 2009.
.1 I
APPROVED AS TO LEGAL
SUFFICIENCY)
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City Attorney's Office
CA 11132 R-3 May 20, 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance to declare restrictive easements over thirteen (13) City-owned
properties in the Interfacility Traffic Area (ITA) to be excess property and
authorize the City Manager to convey same to the United States of America
MEETING DATE: May 26,2009
. Background: On September 27, 2007, the City and the United States of
America, Department of the Navy (the "Navy") entered into an agreement (the
"Encroachment Partnering Agreement") to partner to acquire property in the
Inter-facility Traffic Area (the "ITA"). The Navy and the City agreed that the City
would convey to the Navy restrictive easements (the "Restrictive Easements")
over property the City acquires in the ITA, and the Navy would pay to the City the
fair market value of the restrictive easement up to 50% of the City's acquisition
cost of each ITA property.
The Encroachment Partnering Agreement, as amended, provides that the Navy
will provide funding in the amount of $4,050,000, through federal grants, which
funds will be used by the Navy to purchase the Restrictive Easements.
The City has acquired the following thirteen (13) properties in the ITA:
Address/Location Size GPIN Former City's Cost Purchase Funds to Be
(acres) Owner to Price from Returned to
Acquire Navy for Commonwealth
Easement
3592 Indian River Road 51.84 1483-38-6300 Potter $1,447,349 $723,674.50 N/A
2561 Salem Road 18.45 1484-22-6306 AGAR, $1,400,000 $700,000 $350,000
LLC
Salem Road 12.428 1484-21-5994 AGAR, (included in (included in (included in
LLC above above above amount)
amount) amount)
Salem Road Parcel B 17.38 1484-41-0190 Salem Rd. $1,300,000 $650,000 $325,000
Assoc.
Salem Road Parcel A 1.11 1484-30-8994 Salem Rd. (included in (included in (included in
Assoc. above above above amount)
amount) amount)
Salem Road 9.56 1484-31-9964 Salem Rd. (included in (included in (included in
Assoc. above above above amount)
amount) amount)
Salem Road 16.526 1483-59-8490 MillDam $1,258,197 $629,098.50 $314,549.25
Landing
Assoc.
Salem Road 1.531 1484-50-8055 MillDam (included in (included in (included in
I I
Landing above above above amount)
Assoc. amount) amount)
Salem Road 23.882 1484-60-3726 MillDam (included in (included in (included in
Landing above above above amount)
Assoc. amount) amount)
Landstown Road 31.85 1484-61-2506 Est. $1,134,000 $567,000 $283,500
ofG.
Brockett
Salem Road 19.733 1484-21-6047; . Est. $740,808 $370,404 $185,202
ofG.
Brockett
2433 Salem Road 2.072 1484-23-6232 A.O.S. $785,000 $203,125 N/A
2437 Salem Road 6.137 1484-23-8037 A.O.S. (included in (inclucltKl in N/A
above above
amount) amount)
212.526 $8,065,354 $3,843,302 $1,458,251.25
. Considerations:
By Ordinance 3000B, adopted on September 25, 2007, the City approved the
form of the Grant of Easement to be conveyed to the Navy to establish the Restrictive
Easements, which form is attached as an exhibit to the Encroachment Partnering
Agreement. The Restrictive Easements to be conveyed would prohibit future residential
use and would limit the City-owned property to uses listed as compatible (marked with a
"Y") on the attached table marked as "Exhibit A to Grant of Easement."
The City's sale of these Restrictive Easements would recoup for the City and the
Commonwealth up to 50% of the purchase prices paid for these ITA acquisitions, for a
total amount of $3,843,302.
. Public Information:
Advertisement of City Council Agenda; Advertised for public hearing to dispose
of an interest in City property in The Virainian-Pilot Beacon.
. Recommendations:
Approve the request and authorize the City Manager to execute all necessary
documents to convey the Restrictive Easements, subject to the terms and conditions of
the Encroachment Partnering Agreement.
. Revenue restriction: The City funded the acquisition of ten (10) of the ITA
properties listed above (as noted in the far right column in the above table) through a
partnership with the Commonwealth of Virginia, with each party contributing fifty percent
(50%) of the funds needed to acquire the properties. Fifty percent (50%) of the
proceeds from the sale of the Restrictive Easements over these ten (10) properties will
be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP #9-060)
and will be refunded to the Commonwealth.
The balance of the funds from the sale of the RestrictivE~ Easements will be
appropriated to the Various Site Acquisitions CIP # 3-368.
. Attachments:
i III
I i
Ordinance, Location Map, Exhibit A to Grant of Easement (Table of
Permitted/Prohibited Uses); Summary of Terms of Encroachment Partnering Agreement
Recommended Action: Approval of the Ordinance ~ /1/ /:J ,
Submitting Department/Agency: Public Works/Real state f: ~.~
City Manager: ~t S. ~.1k-,.f~
"I I
1
2 ORDINANCE TO DECLARE RESTRICTIVE EASEMENTS OVER
3 THIRTEEN (13) CITY-OWNED PROPERTIES IN THE
4 INTERFACILlTY TRAFFIC AREA (ITA) TO BE EXCESS
5 PROPERTY AND AUTHORIZE THE CITY MANAGER TO
6 CONVEY SAME TO THE UNITED STATES OF AMERICA
7
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of thirteen (13)
9 certain parcels of land (collectively, the "Properties") located in the Inter-facility Traffic
10 Area (the "ITA") in the City of Virginia Beach, Virginia, which Properties are identified
11 (by location, size and GPIN) as follows:
12
13 3592 Indian River Road, 51.84 acres, 1483-38-6300;
14 2561 Salem Road 18.45 acres, 1484-22-6306;
15 Salem Road 12.428 Acres, 1484-21-5994;
16 Salem Road Parcel B, 17.38 Acres, 1484-41-0190;
1 7 Salem Road Parcel A 1 .11 Acres 1484-30-8994;
18 Salem Road 9.56 Acres 1484-31-9964;
19 Salem Road 16.526 Acres 1483-59-8490;
20 Salem Road 1.531 Acres 1484-50-8055;
21 Salem Road 23.882 Acres 1484-60-3726;
22 Landstown Road 31.85 Acres 1484-61-2506;
23 Salem Road 19.733 Acres 1484-21-6047;
24 2433 Salem Road 2.072 Acres 1484-23-6232; and
25 2437 Salem Road 6.137 Acres 1484-23-8037;
26
27 WHEREAS, on September 27, 2007, the City and the United States of
28 America, Department of the Navy (the "Navy") entered into an agreement (the
29 "Encroachment Partnering Agreement") to partner to acquire property in the ITA;
30
31 WHEREAS, the terms and provisions of the Encroachment Partnering
32 Agreement provide that the City will sell to the Navy restrictive easements (the
33 "Restrictive Easements") over property the City acquires in the ITA, and in exchange the
34 Navy will pay to the City the fair market value of the Restrictive Easements, up to 50%
35 of the City's acquisition cost of each ITA property;
36
37 WHEREAS, the City acquired the Properties pursuant to the ITA
38 Acquisition Program and the APZ-1/Clear Zone Acquisition Program;
39
40 WHEREAS, the City funded the acquisition of ten (10) of the Properties
41 through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with
42 the City and the Commonwealth each contributing fifty percent (50%) of the acquisition
43 funds;
44
45 WHEREAS, the City Council of the City of Virginia Beach finds that the
46 Restrictive Easements over the Properties are in excess of the City's needs and finds
47 that the sale of the Restrictive Easements over the Properties to the Navy, pursuant to
48 the terms of the Encroachment Partnering Agreement entered into in 2007, will allow
49 the City and the Commonwealth to recoup up to 50% of the purchase price of these
50 Properties;
51
52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
53 OF VIRGINIA BEACH, VIRGINIA:
54
55 1. That Restrictive Easements over the following Properties located in the
56 ITA are hereby declared to be in excess of the needs of the City of Virginia Beach:
57
58 3592 Indian River Road, 51.84 acres, 1483-38-6300;
59 2561 Salem Road 18.45 acres, 1484-22-6306;
60 Salem Road 12.428 Acres, 1484-21-5994;
61 Salem Road Parcel B, 17.38 Acres, 1484-41-0190;
62 Salem Road Parcel A 1.11 Acres 1484-30-8994;
63 Salem Road 9.56 Acres 1484-31-9964;
64 Salem Road 16.526 Acres 1483-59-8490;
65 Salem Road 1.531 Acres 1484-50-8055;
66 Salem Road 23.882 Acres 1484-60-3726;
67 Landstown Road 31.85 Acres 1484-61-2506;
68 Salem Road 19.733 Acres 1484-21-6047;
69 2433 Salem Road 2.072 Acres 1484-23-6232; and
70 2437 Salem Road 6.137 Acres 1484-23-8037.
71
72 2. That the City Manager is hereby authorized to execute any documents
73 necessary to convey the Restrictive Easements over the Properties to the United States
74 Navy, in substantial conformity with the terms and provisions of the Encroachment
75 Partnering Agreement dated September 27,2007, as amended, and such other terms,
76 conditions or modifications as are deemed necessary and sufficient by the City Manager
77 and in a form deemed satisfactory by the City Attorney.
78
79 3. That the revenue from the sale of each of the Restrictive Easements (up
80 to the total amount of $3,843,302) shall be received by the City and appropriated as
81 follows:
82
83 a) the proceeds from the sale of easements over any property acquired
84 with funds from the Commonwealth of Virginia shall be appropriated 50% to the Oceana
85 and ITA Conformity and Acquisition Project (CIP #9-060) and 50% to Various Site
86 Acquisitions (CIP #3-368); and the City Manager shall thereafter refund the
87 Commonwealth's portion of such revenue in the total amount of $1 ,458,251.25 from CIP
88 #9-060); and
89
90 (b) the proceeds from the sale of easements over any property acquired
91 solely with City funds shall be appropriated to Various Site Acquisitions (CIP #3-368).
92
93 This ordinance shall be effective from the date of its adoption.
94
,II I
95 Adopted by the Council of the City of Virginia Beach, Virginia, on the
96 day of , 2009.
R-1
5/19/2009
CA11015
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APPROVED AS TO CONTENT
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EXHIBIT A
To Grant of Easement
Table from CZO ~ 1804
TABLE 1 - AIR INST ALLA TIONS COMPATIBLE USE ZONES LAND USE
COMPATIBILITY IN NOISE ZONES
Land Use Land Use
Compatibility
Land Use Name 70-75 dB >75 dB
DNL DNL
Residential and Related
Single-family dwellings N N
Semidetached dwellings N N
Attached dwellings/townhouses N N
Duplexes N N
Multiple-family dwellings N N
Dormitories and other group quarters N N
Mobile home parks N N
Hotels and motels N N
Other residential uses N N
Manufacturing
Food & kindred products; manufacturing Y Y
Textile mill products; manufacturing Y Y
Apparel and other finished products; products made from fabrics, Y Y
leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing Y Y
Furniture and fixtures; manufacturing Y Y
Paper and allied products; manufacturing y Y
Printing, publishing, and allied industries y Y
Chemicals and allied products; manufacturing Y Y
Petroleum refining and related industries y Y
Rubber and misc. plastic products; manufacturing y Y
Stone, clay and glass products; manufacturing Y Y
I Primary metal products; manufacturing Y y
Fabricated metal products; manufacturing Y y
Professional scientific, and controlling instruments; photographic y y
and optical goods; watches and clocks
Miscellaneous manufacturing y y
Transportation, communication and utilities
Railroad, rapid rail transit, and street railway transportation Y y
Motor vehicle transportation y y
Aircraft transportation y y
Marine craft transportation y y
Highway and street right-of-way y y
Automobile parking y y
Communication y y
Utilities y y
Other transportation, communication and utilities y y
Trade
Wholesale trade y y
Retail trade - building materials, hardware and fann equipment y Y
Retail trade - general merchandise y y
Retail trade - food y y
Retail trade - automotive, marine craft, aircraft and accessories y y
Retail trade - apparel and accessories y y
Services
Retail trade - furniture, home, furnishings and equipment Y y
Retail trade - eating and drinking establishments y y
Other retail trade y y
Finance, insurance and real estate services y y
Personal services y y
,I III,
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Cemeteries y y
Business services y Y
Warehousing and storage Y y
Repair services y Y
Professional services y y
Hospitals, other medical fac. y - , N
Nursing homes N -. N
Contract construction services y Y
Government services y Y
Educational services y N
Miscellaneous y y
Cultural, entertainment and recreational
Cultural activities (& churches) y N
Nature exhibits N N
Public assembly halls N N
Auditoriums, concert halls y N
. Outdoor music shells, amphitheaters N N
Outdoor sports arenas, spectator sports Y N
Other outdoor recreational facilities y y
Indoor recreational facilities y y
Campgrounds Y N
Parks Y N
Other cultural, entertainment and recreation y N
Resource Production and Extraction
Agriculture (except live stock) y y
Livestock farming y N
Animal breeding y N
Agriculture related activities y y
I I
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Forestry activities y y
Fishing activities Y Y
Mining activities Y y
Other resource production or extraction Y Y
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II III'
,'I I
SUMMARY OF TERMS
OF
ENCROACHMENT PARTNERING AGREEMENT:
Parties:
The City of Virginia Beach and The United States of America, acting through
the Department of the Navy
Term of Aareement:
The term of the agreement is 5 years, unless sooner terminated by either
party, upon 30 days' notice to the other party. The agreement may be renewed
or extended as the parties agree.
Other Terms
1. If the City purchases property from willing sellers in the ITA, then the
Navy will purchase from the City a restrictive easement over that
property limiting its use to those uses marked with a "Y" in the Table set
forth in City Zoning Ordinance Section 1804 as enacted on the date of
the Multi-Year Agreement (copy attached hereto as Exhibit A"):
a. If the property is in 65-70 and 70-75 dB DNL Noise Zones, then
the property would be limited to the allowed uses in 70-75 dB
DNL Noise Zone, as stated in the Table;
b. If the property is in >75 dB DNL, then the property would be
limited to the allowed uses in >75 dB DNL Noise Zone;
2. The Navy will pay 100% of the appraised value of the restrictive
easement or 50% of the City's fee simple purchase price, whichever is
less. After the appraisals are completed, the City can decide on a case-
by-case basis whether to sell an easement to the Navy.
3. The Navy will fund this arrangement with $3 million 1, plus the Marshview
property (the Navy will convey Marshview, in fee, to the City in
exchange for the City placing restrictive easements over its ITA
properties).
4. The Navy and the City will share the costs of the appraisals.
5. The City shall provide surveys necessary to delete all standard
exceptions for title insurance as to surveys.
J Increased to $4,050,000 by ORD-3053C adopted September 23,2008 and by the Amended Encroachment
Partnering Agreement entered into on December 23,2008.
I III
,'I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Granting Theme Restaurants, Inc., t/a II Giardino Ristorante, Two
Franchise Agreements for An Open Air Cafe in the Resort Area
MEETING DATE: May 26,2009
. Background: On April 30, 2004, Theme Restaurants, Inc., t/a II Giardino Ristorante ("II
Giardino"), was granted two franchise agreements for (1) an Atlantic Avenue Side Walk cafe
and (2) an Atlantic Avenue Side Street cafe, located at 910 Atlantic Avenue (collectively,
"franchise agreements"). The franchise agreements expired in. 2005 and were not renewed by
the City because the cafe did not comply with the Open Air Cafe Regulations ("Regulations").
The cafe was constructed as a permanent structure with a solid roof, side walls, flooring, and
heating and air conditioning. The Regulations require that open air cafes be constructed with
canvas roofs, removable side walls, and non-permanent flooring.
In an effort to bring II Giardino into compliance with the Regulations, City Council granted II
Giardino two short-term franchise agreements on September 2, 2008. The franchise
agreements were conditioned upon II Giardino removing the existing, non-conforming cafe
structure by December 31, 2008, and any new structure built by II Giardino was required to fully
comply with the Regulations.
Theme Restaurants was not in compliance with the Regulations on December 31, 2008. On
January 13, 2009, City Council approved two additional short-term franchise agreements to
allow Theme Restaurants until April 30, 2009 to bring the cafe into compliance with the
Regulations.
. Considerations: Theme Restaurants recently completed construction of a new open air
cafe. The new structure complies with the Regulations. Theme Restaurants is currently seeking
two (2) five-year franchise agreements for the operation of (1) an Atlantic Avenue Side Walk
cafe; and (2) an Atlantic Avenue Side Street cafe.
. Public Information: A public notice will be published in a newspaper of general
circulation on May 17,2009 and May 24,2009.
. Attachments: Ordinance
Recommended Action: Approval .'
Submitting Department/Agency: Convention & Visitor Bureau ~ e
City Manager~ k-, 93~
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AN ORDINANCE GRANTING THEME
RESTAURANTS, INC., T/A IL GIARDINO
RISTORANTE, T'NO FRANCHISE
AGREEMENTS FOR AN OPEN AIR CAFE IN
THE RESORT AREA
WHEREAS, by resolution adopted November 15, 1985, City Council ("Council")
authorized the City Manager to promulgate Open Air Cafe Regulations, which have
been amended from time to time, for the operation of open air cafes on public property;
and
WHEREAS, the City has developed a franchise agreement for the regulation of
open air cafes, which grantees are required to execute as a condition of the grant; and
WHEREAS, Theme Restaurants is seeking two franchise agreements for the
operation of (1) an Atlantic Avenue Side Walk cafe; and (2) an Atlantic Avenue Side
Street cafe; and
WHEREAS, the Convention and Visitors Bureau recommends that Theme
Restaurants be granted two five-year franchise agreements for the operation of an
Atlantic Avenue Side Walk cafe and an Atlantic Avenue Side Street cafe.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the City Council hereby grants two five-year franchise agreements to
Theme Restaurants, Inc., t1a \I Giardino Ristorante, subject to the terms and conditions
of the franchise agreements and all ordinances, resolutions, and regulations applicable
to open air cafes.
Adopted by the City Council of Virginia Beach, Virginia on this
2009.
day of May,
A9LfIO~
Convention and Visitors Bureau
Appro~ed as to Legal Sufficiency:
- !L-
City Attorne f Office
CA11125
R-4
May 12, 2009
II 1111
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a short-term lease (4
months) with the Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation, for a 0.09-acre parcel of City-owned land located at
3rd Street and Atlantic Avenue
MEETING DATE: May 26,2009
. Background: The Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation (the "Dolphin Run Condominiums") would like to
lease a 0.09-acre of property from the City of Virginia Beach (the "City")
located at the corner of 3rd Street and Atlantic Avenue. The City acquired
the land in the Rudee Loop area. Dolphin Run Condominiums has leased
this property from the City each year since the City acquired it in April
2004. When the City of Virginia Beach acquired this land, it was
understood that Dolphin Run Condominiums desired to continue leasing
the land until the City was ready to use it for future City projects. This
parcel will be used by the Dolphin Run Condominiums to augment
vehicular parking for guests staying at its establishment.
. Considerations: This lease would be for a term of four months from May
15, 2009 to September 15, 2009. The City has a thirty-day (30) 'termination
clause in the event that City needs the land prior to the termination of the
lease.
.
Public Information:
Advertisement of Public Hearing in The Virginian-
Pilot
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change
conditions of the Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Ordinance
Location Map
Summary of Terms
Recommended Action: Approval I(;i) J
Submitting Department/Agency: Management ~s I Facilities Management Office
CltyManager:~~ k~~
II 1111
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A SHORT -TERM LEASE
(4 MONTHS) WITH THE DOLPHIN RUN
CONDOMINIUM ASSOCIATION, INC., A VIRGINIA
NON-STOCK CORPORATION, FOR A O.09-ACRE
PARCEL OF CITY-OWNED LAND LOCATED AT 3rd
STREET AND ATLANTIC AVENUE
WHEREAS, the City of Virginia Beach ("the City") is the owner of that
certain 0.09 acre of land located at 3rd Street and Atlantic Avenue, Virginia
Beach, Virginia (the "Premises");
WHEREAS, the Dolphin Run Condominium Association, Inc. ("Dolphin
Run"), a Virginia non-stock corporation, has agreed to pay the City $4,320 for the
use ofthe Premises for a four-month period;
WHEREAS, Dolphin Run would like to enter into a formal lease
arrangement with the City for use of the Premises shown on Exhibit A;
WHEREAS, the Premises will be utilized as an overflow parking lot for the
registered guests of Dolphin Run, and for no other purpose;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of less than five years, between the Dolphin Run Condominium Association, Inc.,
a Virginia non-stock corporation, and the City, for the 0.09 acre of land located at
3rd Street and Atlantic Avenue (the "Premises") in accordance with the Summary
of Terms attached hereto as Exhibit B and such other terms, conditions or
modifications as may be acceptable to the City Manager and in a form deemed
satisfactory to the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day of
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CA-10989
R-1
5/13/09
\ \vbgov.com\dfs 1 \applications\citylawprod\cycom32\Wpdocs\D007\P005\OOO 11835. DOC
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
APPROVED AS TO CONTENT
~ ~\ NIk
Signatur
si~bsLt1-
1)M S / Ae,.:( .-h~> Pl ~L
Department'
II 1II1
Ii I I
EXHIBIT B
SUMMARY OF TERMS
LEASE FOR THE USE OF 0.09 ACRE CITY-OWNED PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09-acre parcel of City-owned property located at the corner
of 3rd Street and Atlantic Avenue, known as GPIN: 2427-32-0138
TERM: May 15,2009 through September 15,2009
RENT: Rent shall be 54,320, payable either in a lump sum or in equal monthly
installments of 51,080.
RIGHTS AND RESPONSmILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
. WiD use the Premises for overflow parking for its guests and for no other purpose.
. WiD keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manneOr.
. WiD maintain commercial generalliabiHty insurance coverage with policy limits of
not less than one miDion dollars (51,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
. WiD maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
(5500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
. WiD assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of tbe Lessee or its agents, etc.
associated with the use of the Premises.
. WiD comply with aU applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSmILITIES OF
THE CITY:
. WiD have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
I I
. Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours' notice in the discharge ofthe City's powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days'
written notice to Dolphin Run Condominium Association, Inc.
I I
CITY OF VIRGINIA BEACH - SPOT BLIGHT
MOD~~~ fe-tole Cit'V of Viruinia Beach
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Spot Blight
Relevant Information:
· Rose Hall District
· This property is the subject of possible acquisition under the "spot
blight authority" provided for under Section 16-39 of the City Code. It
is being recommended for acquisition due to its existing condition
and its continuing status as a 'problem property.'
· Under the process required by the City Code, both the Planning
Commission and the City Council must hold public hearings,
determine that the property meets the definition of blight, and that
the owner has failed to remedy or present a plan to remedy the
blight.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
II III1
'''''''''11",_.1'111'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Spot Blight Abatement Determination, 620
Counselor Square. ROSE HALL DISTRICT.
MEETING DATE: May 26,2009
. Background:
This property is the subject of possible acquisition under the "spot blight
authority" provided for under Section 16-39 of the City Code. It is being
recommended for acquisition due to its existing condition and its continuing
status as a 'problem property.'
. Considerations:
Under the process required by the City Code, both the Planning Commission and
the City Council must hold public hearings, determine that the property meets the
detrnition of blight, and that the owner has failed to remedy or present a plan to
remedy the blight. The property was placarded as unsafe on June 26, 2007, as it
was vacant and the roofing system was collapsing. Since January 2002, the
Department of Housing and Neighborhood Preservation (DHNP) I Code
Enforcement Division has issued 28 notices of violation, including 25 property
maintenance notices and three notices for exterior code violations. The property
owner has responded to none of these notices. As a result, DHNP/Code
Enforcement has been maintaining the exterior of the property.
There was no opposition to this request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval to the City Council.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning'Department .1 \)J
City Manager: ~\ k. ~~ ~
,I I
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A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING ' THAT THE PROPERTY AT 620
COUNSELOR SQUARE BE DECLARED BLIGHTED AND
THE PROPERTY ACQUIRED
WHEREAS, the property located at 620 Counselor Square in the City of Virginia
Beach ("the Property") was placarded as unsafe and the owner, Marlena Evans, notified
by mail of the violations of the Property Maintenance Code;
WHEREAS, the violations were that the Property was vacant and open, and that
the roofing system was collapsing;
. ,
WHEREAS, since January 2002, the Department of Housing and Neighborhood
Preservation ("DHNP") has issued 28 notices of violations, and the owner has
responded to none of these;
WHEREAS, the initial spot blight letter requesting the owner to present a plan
within 30 days was issued January 6, 2009, and there has been no response; and
WHEREAS, DHNP's plan for the Property is that the property should be acquired
by the city and then resold. The structure should be brought into code compliance by
the new owner; as either owner occupied or resold for rent as a quality, affordable
housing unit.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1.
36-49;
That the Property is blighted, within the meaning of Virginia Code Section
2. That the owner of the Property has failed to cure the blight or present a
reasonable plan to do so;
3. That the plan for the repair or other disposition of the Property is in
accordance with the Comprehensive Plan, City Zoning Ordinance and other applicable
land use regulations; and
4. That the Property is not located within an area listed on the National
Register of Historic Places;
FURTHER, THE PLANNING COMMISSION RECOMMENDS:
That the City Council approve the plan presented by the Department of Housing
and Neighborhood Preservation for the repair or other disposition of the Property, to-wit:
The property should be acquired by the city and then resold. The structure should be
brought into code compliance by the new owner; either as owner occupied or resold for
rent as a quality, affordable housing unit. This recommendation is based on the
II 1II1
II - 'II I
48 appraised value of the property, on the type and cost of comparable housing in the
49 area, and on the very unusual opportunity to provide affordable housing.
50
Adopted by the Planning Commission of the City of Virginia Beach, Virginia on
the day of ,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
,L-
I I
#1
April 8, 2009 Public Hearing
APPLICANT:
CITY OF VIRGINIA
BEACH
PROPERTY OWNER:
MARLENA EVANS
REQUEST:
Spot Bliqht Abatement Determination
STAFF: Wells Freed, Dept of Housing and Neighborhood Preservation
Sharon Prescott, Dept of Housing and Neighborhood Preservation
ADDRESS I DESCRIPTION: 620 Counselor Square
GPIN:
1486269112
ELECTION DISTRICT:
BAYSIDE
SITE SIZE: AICUZ:
2,416.03 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
This property is the subject of possible acquisition under the
"spot blight authority" provided for under Section 16-39 of the
City Code. It is being recommended for acquisition due to its existing condition and its continuing status
as a 'problem property.' Under the process required by the City Code, both the Planning Commission and
the City Council must hold public hearings, determine that the property meets the definition of blight, and
that the owner has failed to remedy or present a plan to remedy the blight.
The property was placarded as unsafe on June 26,2007, as it was vacant and the roofing system was
collapsing. Since January 2002, the Department of Housing and Neighborhood Preservation (DHNP) /
Code Enforcement Division has issued 28 notices of violation, including 25 property maintenance notices
and three notices for exterior code violations. The property owner has responded to none of these
notices. As a result, DHNP/Code Enforcement has been maintaining the exterior of the property.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 1
II I1I1
Kev Facts - 620 Counselor SQ.
Date Determined Unsafe June 26, 2007
Number of Code Enforcement Notices Issued 28
Assessed Value $138,800
Land Value $62,700
Building Value $76,100
Delinquent Taxes $4,248
Liens Due $3,976
Estimated Repairs Needed $42,000
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Townhouse
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
. Townhouse / A-12 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
Developed site. No known significant natural resource or cultural
features.
EVALUATION AND RECOMMENDATION
Plan for Use of Prooertv - The initial notice in the spot blight process was issued on January 6, 2009,
notifying the property owner that they must present a plan to correct blighted conditions within thirty days.
To date, there has been no response from the owner to this notice. If a spot blight determination is made,
the City can proceed with a plan for use of the property.
Staff concludes that the property should be acquired by the City. It is recommended that the property
should then be declared as excess property and offered for sale. The rehabilitation requirements to bring
the property into compliance with the Code can be part of the sales agreement. Once fully rehabilitated
by the new owner, the property could be owner-occupied or resold as a quality, affordable housing unit for
either owner-occupancy or rental. The Department of Housing and Neighborhood Preservation will
monitor the rehabilitation to ensure the property is brought into full Code compliance. This
recommendation is based on the assessed value of the property, on the type and cost of comparable
CITY OF VIRGINIA BEACH -- SPOT BLIGHT
Agenda Item 1
Page 2
I I
housing in the area, and on the very unusual opportunity to provide affordable housing. It is
recommended that Public Works Real Estate handle the advertising and sale of the property.
Cost and Fundina - Total cost to the City will include acquisition, advertising, legal and appraisal
costs, possible short-term holding costs, and repair costs to stabilize the property until it is resold.
The following charts provide a cost estimate based on the City's assessed value and the estimated
repair costs.
Cost Estimates
Item Amount Explanation
Advertising, legal, appraisal $4,000
and holdinQ costs
Acquisition Cost $110,500 Appraised value of $152,500 when fully
repaired, less est. repair cost of $42,000
Contingency for unanticipated 2,500
expenses
Total Project Cost $117,000.00
Funding Requirements
Amount
$13,000
$104,000
$117,000.00
Use of Disposition Proceeds
Amount
endent on sale rice
Use
Reimbursement of appropriation
The Planning Commission is required to make the following findings to make a spot blight determination:
1. Is the propertv bliqhted? The property meets the criteria for blight as outlined in the Spot Blight
Ordinance adopted by City Council as noted below.
. This property has been vacant for over seven years.
. This property has been the subject of 28 Code enforcement notices in the past seven
years.
. The property is in poor condition and is affecting adjacent properties. The roofing system
is compromised and the property is an eyesore to the neighborhood. The owners of this
property have consistently failed to maintain the property.
. The owners of this property are in arrears in their taxes and owe $3,976.51 in liens to the
Department of Housing ~nd Neighborhood Preservation.
2. Has the owner cured the blioht or presented a reasonable plan to do so? No. On January 6.
2009, the property owner was issued a notice that they must present a plan to correct blighted
conditions within thirty days. To date, there has been no response from the owner on this notice.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 3
II I1I1
"",".-.li".-IH I'
3. Is the City's plan for repair or disposition in accordance with the Comprehensive Plan and the
Zonina Ordinance? After acquisition, the City would issue a Request for Proposals (RFP) for the
sale and rehabilitation of the property. The entire structure would be required to be brought into
compliance with all applicable codes. Any code violations present on the exterior premises would
also be required to be corrected (such as junk, weeds, fencing, accessory structures, etc.) The
RFP would allow a contractor or private individual to purchase and rehabilitate the structure, with
the final disposition of the property being as an owner-occupied home. Based on the adjoining
property values, this property would be affordable to households at 80% to 100% of area median
income.
4. Is the property within an area listed on the National Reaister of Historic Places? No.
In conclusion, Staff recommends that the Planning Commission make a determination of spot blight for
this property, and that the proposed plan for disposition be forwarded to City Council with a
recommendation for approval.
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda It ern 1
Page 4
I I
AERIAL OF SITE LOCATION
CITY OF VIRGINIA BEACH.... SPOT BLIGHT
Agenda Itefn 1
Page 5
II I1I1
III
------11--1'1-1-1'
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 6
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CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda It~rn 1
Page 7
II
c\iY Of VIRGINIA BEACH - SPOT BUGHi
Agenda \tem -
page:
I I
Department of Housing and Neighborbood Preservation
Housing Development Division
Estimate Sheet
-LMt/pfIIZMd>
GPlNf#
(P(fJ ~ ~ David W. Acker.all D'ttA
Propmy Address COtu1nIdioa s~
#ofStorict~ StndllreT1Pctl.lF I#QfBedroom.s~ YearBuUt1L~YES~
C..ditioas Obscrveel
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EXTERIOR
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_.1
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Item 1
Page 9
.11 I
ARTICLE VI, HOUSING AND BUILDING MAINTENANCE CODE
Page 1 of2
ARTICLE VI. HOUSING AND BUILDING MAINTENANCE CODE
Sec. 16-39. Spot blight abatement.
(a) The City of Virginia Beach, in accordance with Code of Virginia sections 36-49,1:1 et seq,
may acquire or repair any blighted property, as defined in (b) below, by exercise of the powers
of eminent domain provided in title 25,1 of Code of Virginia, and further, shall have the power to
hold, clear, repair, manage, or dispose of such property for purposes consistent" .with this
section. In addition, the city may recover the cost of any repair or disposal of such property from
the owner, or owners of record at their last known address as contained in the recor.cls of the
treasurer or the current real estate tax assessment records,
(b) "Blighted property" means any individual commercial, industrial, or residential structure or
improvement that endangers the public's health, safety, or welfare because the structure or
improvement upon the property is dilapidated, deteriorated, or violates minimum health and
safety standards, or any structure or improvement previously designated as blighted under the
process for determination of "spot blight".
(c) The city manager or his designee shall make a preliminary determination that a property is
blighted in accordance with this section, The city manager or his designee shall notify the
owner, or owners of record as determined in (a) above, specifying the reasons why the property
is considered blighted, The owner or owners shall have thirty (30) days from the date the notice
is sent within which to respond in writing with a spot blight abatement plan to address the blight
within a reasonable time. A spot blight abatement plan is a written plan prepared by the owner
or owners of record of the real property to address spot blight.
(d) If the owner or owners of record fail to respond within the thirty-day period with a written
spot blight abatement plan that is acceptable to the city manager or his designee, the City may
(i) request the planning commission to conduct a public hearing and make findings and
recommendations that shall be reported to city council concerning the repair or other disposition
of the property in question and (ii) in the event a publiC hearing is scheduled, shall prepare a
written spot blight abatement plan for the repair or other disposition of the property.
(e) No spot blight abatement plan shall be effective until notice has been sent to the property
owner or owners of record as determined in (a) above and an ordinance has been adopted by
city council. Not less than three (3) weeks prior to the date of the public hearing before the
planning commission, the commission shall provide by regular and certified mail, notice of such
hearing to (i) the owner of the blighted property or the agent designated by him for receipt of
service of notices concerning the payment of real estate taxes within the locality; (ii) the abutting
property owners in each direction, including those property owners immediately across the
street or road from the property; and (iii) the representative neighborhood association, if any, for
the immediate area, The notice shall include the plan for the intended repair or other disposition
of the property, The notice of the public hearing shall be published at least twice, with not less
than six (6) days elapsing between the first and second publication in a newspaper published or
having general circulation in the locality in which the property is located, The notice also shall be
posted on the property, The notice shall specify the time and place of the hearing at which
persons affected may appear and present their views, not less than six (6) days nor more than
twenty-one (21) days after the second publication,
(f) The planning commission, at this public hearing, shall determine whether:
(1) The property is blighted;
(2) The owner has failed to cure the blight or present a reasonable plan to do so;
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3/31/2009
CITY OF VIRGINIA BEACH - SPOT BLIGHT
Agenda Itepl1
Page 10
ARTICLE VI, HOUSING AND BUILDING MAINTENANCE CODE
Page 2 of2
(3) The plan for the repair or other disposition of the property is in accordance with the
city's comprehensive plan, and the comprehensive zoning ordinances; and
(4) The property is located within an area listed on the National Register of Historic
Places, In such instances, the planning commission shall consult with the architectural
review board, regarding the proposed repair or other disposition of the property by city
council,
(g) The planning commission shall report its findings and recommendations concerning the
property to city council. City council, upon receipt of such findings and recommendations, may
after an advertised public hearing, affirm, modify, or reject the planning commission's findings
and recommendations, If the repair or other disposition of the property is approved, the city
manager or his designee may carry out the approved plan to repair or acquire and dispose of
the property in accordance with the approved plan, the provisions of this section, and applicable
law. If the ordinance is adopted by city council, the city shall have a lien on all property so
repaired or acquired under an approved spot blight abatement plan to recover the cost of (i)
improvements made by the city to bring the blighted property into compliance with applicable
building codes and (ii) disposal, if any, The lien authorized by this section shall be filed in the
circuit court of the City of Virginia Beach and shall be subordinate to any prior liens of record,
City council may recover its costs of repair from the owner or owners of record of the property
when the repairs were made at such time as the property is sold or disposed of by such owner
or owners. If the property is acquired by the city through eminent domain, the cost of repair may
be recovered when City council sells or disposes of the property. In either case, the costs of
repair shall be recovered from the proceeds of any such sale.
(h) If the blighted property is occupied for personal residential purposes, city council, in
approving the spot blight abatement plan, shall not acquire by eminent domain such property if it
would result in a displacement of the person or persons living in the premises, The provisions of
this subsection shall not apply to acquisitions, under an approved spot blight abatement plan, by
the city of property which has been condemned for human habitation for more than one year, In
addition, if the city is exercising the powers of eminent domain in accordance with title 25.1 of
Code of Virginia, it may provide for temporary relocation of any person living in the blighted
property provided the relocation is within the financial means of such person.
(i) In lieu of the acquisition of blighted property by the exercise of eminent domain and in lieu of
the exercise of other powers granted in subsections (a) through (g), city council by ordinance,
may declare any blighted property to constitute a nuisance, and thereupon abate the nuisance
pursuant to Code of Virginia section 15.2-900 or section 15,2-1115, Such ordinance shall be
adopted only after written notice by certified mail to the owner or owners of the property at the
last known address of such owner as shown on the current real estate tax assessment books or
current real estate tax assessment records,
0) The provisions of this section shall be cumulative and shall be in addition to any remedies
for spot blight abatement that may be authorized by law,
(Ord. No, 2613,9-12-2000; Ord, No, 2963,11-28-06)
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CITY OF VIRGINIA BEACH..... SPOT BUGHT
Agenda Item 1
Page 11
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Item # 1
City of Virginia Beach
Spot Blight Abatement Determination
620 Counselor Square
District 4
Bayside
April 8, 2009
REGULAR
Janice Anderson: The last items are the items that we're going to hear, and as soon as the
majority gets out the door, we'll get started on that. Don Horsley is the Secretary of the
Planning Commission, but he is out today. So, Gene Crabtree has volunteered to be our
Secretary. I believe the first matter to be heard is agenda item 1. That's the application of
the City of Virginia Beach for Spot Blight Abatement on property at 620 Counselor Square.
Could the applicant come forward?
Wells Freed: Good afternoon Madame Chair and members of the Commission, my name is
Wells Freed. I'm the Code Enforcement Administrator for the Virginia Beach Department of
Housing and Neighborhood Preservation. I'm here today to provide some background on
this case. Provided in the written packet is a description of the proposal. This property has
been a long term problem property. It was condemned in June 2007 for being open and
vacant. And at this time it is considered unsafe, and is starting to become structurally
unsound. Since 2007, our department has issued 25 property maintenance notices and three
notices for exterior code violations. The property owner has not responded to any of these
notices. We have issued summons to the property owner, who currently lives in
Pennsylvania, and the summons at this time are outstanding and are unserved. The Police
Department has been involved with this case. They have expressed their concern to us
regarding the nuisance that this property presents. A~ you can see from the pictures that we
have provided, the front and rear exterior roofing system is failing. It has allowed a large
pigeon population to inhabit the property, which is a potential health risk to the neighbors.
The interior surfaces of the property are subject to severe water damage and mold infestation.
There is also evidence of termite infestation imposing a risk to the structure and to the
adjoining units as well. The exterior is subject to continual abatement processes by our
department to include the removal of severe poison ivy growth and noxious weeds and grass.
At this time, we have exhausted all possible avenues to obtain compliance from the owner.
Without prompt intervention to prevent further deterioration, health and safety hazards will
become more severe. Therefore, I'm before you today based on the current Spot Blight
Abatement Ordinance, and requesting that the Commission make the following
determinations. One, that the property is blighted; two, that the owner has failed to cure the
blight or present a plan to do so; and three, the plans to repair or dispose of the property is in
accordance with City's Comprehensive Plan and Zoning Ordinances. This plan is included in
the written package that was provided to you. The final determination is that the property is
not located within an area listed on the National Register of Historic Places. So, at this time,
I would like for Sharon Prescott to come and discuss the abatement plan and disposition.
I ,
Item # 1
Spot Blight Abatement Determination
Page 2
Janice Anderson: Thank you. Are there any questions of Mr. Freed at this time? Thank you.
Wells Freed: Thank you.
Sharon Prescott: Good afternoon Madame Chairman and members of the Commission. My
name is Sharon Prescott. I am the Housing Development and Program Administrator for the
City's Department of Housing. This property is obviously in need of serious repair. The
structure is about 32 years old, which by regulatory standards would be in need of -some
major work, but because of the neglect, it is in serious need of work. What we are proposing
in the disposition plan is that the City would offer this property for sale. And that the buyer
of this property would be required to bring the entire structure to code. The construction and
repair would be monitored by not only Permits and Inspection but by our department to make
sure that the plan that is proffered by whoever buys this property is fully carried out and the
structure is fully stored. And we are recommending that the end results of the property can
either be owner occupied or for rent.
Janice Anderson: Are there any questions of Ms. Prescott? Go ahead.
Ronald Ripley: Sharon, the Department of Housing and Neighborhood Preservation, how
often have you invoked both his code as far as enforcement in the City of Virginia Beach?
Sharon Prescott: This will be the third property that we have brought to the Planning
Commission for a declaration of being a spot blight property. There were two, probably
about three years ago that went before the Planning Commission and to City Council that
were declared blighted. The City acquired the property through a condemnation process and
the properties have since been cured of the blight.
Ronald Ripley: Would you consider this your very last result in trying to resolve this
housing problem with the City?
Sharon Prescott: Absolutely. As Mr. Freed said, we have been trying to work with the
owner for several years now to try and get them to respond to notices that Code Enforcement
has sent out over a period of years. They just absolutely failed to respond to any of our
notices to take any action whatsoever to make any improvements or repairs needed to the
structure. This is our last resort. If we don't get a Declaration of Spot Blight, then the house
will continue to deteriorate.
Ronald Ripley: It's a townhouse. In your opinion, could you remove the townhouse and
rebuild it or do you have to renovate the townhouse?
Sharon Prescott: At this point in time, the structure is still feasible for rehab. Ifwe don't
take action now, it could get to the point where you would have to demolish it, which is
problematic within a townhouse situation.
Ronald Ripley: Thank you.
'I I
Item # 1
Spot Blight Abatement Determination
Page 3
Janice Anderson: I just wanted to confirm with you that the owner of the property and your
staffhas actually talked to her and you know she has actual notice of these proceedings. She
has signed certified receipts?
Sharon Prescott: That is correct.
Janice Anderson: Okay. Thank you. Are there any other questions? Thank you.
Sharon Prescott: Thank you.
Eugene Crabtree: Madame Chairman, we have one speaker in support. Nancy O'Shee.
Janice Anderson: Welcome. State your name for the record.
Nancy O'Shee: I'm Nancy O'Shee. I do live on Counselor Square. Unfortunately, this has
been going on for almost ten years, where it has been abandoned. Not only do we have the
problem of the property falling apart but we also have rats coming from this property. We
also have water damage where it's going into the house because the runoff is going into the
property also. My question is how much longer do you think we're going to have to wait for
something to be done to this even if you go ahead and agree to have a spot blight done on this
home?
Janice Anderson: Maybe I get Ms. Prescott. Sharon or Freed? How long is the process? I
know that this goes to Council next month. They will have to vote on it, and then the
condemnation time. Bill Macali, do you know how long this takes?
Sharon Prescott: It's the combination process that will take some time.
Bill Macali: Well, when the owner doesn't appear, it takes a lot less time. Once the Council
approves it, we have to go ahead and jump through some procedural hoops in a
condemnation case. We need an appraisal. We need to make an offer to the property owner.
If the property owner doesn't respond, then we have to file the action. Probably more than
anything else, it depends on how quickly the court has an available court date, but I can
pretty much assure you all that we will make the court aware of the condition of the property
and the affect that it is having on the other homes in the area, and ask for a very quick court
date. It could be a matter of several months though, but it all depends on when we can get a
court date, but we will do everything that we can to expedite the process.
Nancy O'Shee: The other problems that we're having are teenagers and adults that go in the
home. There is drug abuse going on in there. There are problems in the community as it is.
So, this doesn't help it any at all. And the quicker it could be rectified, we really appreciate
it.
Janice Anderson: Okay. As probably a suggestion if you contact your local precinct.
Item #1
Spot Blight Abatement Determination
Page 4
Nancy O'Shee: Oh, we have.
Janice Anderson: You have? Okay.
Nancy O'Shee: We have many a time. I think they're tired of hearing from us.
Janice Anderson: Hopefully, this matter will alleviate the problem for you.
Nancy O'Shee: Thank you.
Janice Anderson: Thank you.
Eugene Crabtree: Madame Chairman, there are no speakers.
Janice Anderson: I'll open it up for discussion.
Joseph Strange; I have a question for Sharon.
Janice Anderson: Sharon?
Joseph Strange: When something like this happens in a community, the townhouse
community, and it is doing damage to the other neighbor's homes, like the water damage that
she said. Is there any avenue for them to get some type of restitution for their expenses to get
their property fixed?
Sharon Prescott: I believe that would be a civil matter.
Joseph Strange: A civil matter? So there is no money that comes out of the money you
collect?
Sharon Prescott: No.
Joseph Strange: Okay.
Sharon Prescott: I will say we have learned a lot from the first two spot blights, and once the
city acquires the property, we will be able to move quickly to dispose of it, and get it under
construction.
Joseph Strange: Okay. Thank you.
Bill Macali: Mr. Strange? There is a remedy. If the person who is suffering the damage
sues the property owner and obtains a judgment, that judgment could be recorded and it
would provide a lien on the property, which would be taken care of during the condemnation
case. More than that, I can't really say because I don't know how quickly that could be done
or anything, but there is that legal avenue that is out there.
Item #1
Spot Blight Abatement Determination
Page 5
Joseph Strange: Yeah. I just think that because of the suffering that the neighbors have gone
through in this deal if there is some kind of remedy for them, even if is just a little financial
help them with their repairs and stuff. I'm sure they would appreciate any help they could
get. So, I just wanted to kind of help them out a little bit there.
Janice Anderson: Jay?
Jay Bernas: Just as a point, I just wanted to voice my concern that I think that $117,000 that
I think is in the plan is high, and as it goes through the condemnation process, I understand
that the fair market value as the condition of it exists, is what the City actually pays for it,
because I think the City would not want to buy this for $117,000. That is just way too much,
and that it should be valued in its current condition, and that is what it should be condemned
as. My biggest fear is that the taxpayers footing the bill for a lot of this. We shouldn't be
rewarding this person for letting it go down hill, and giving her such a high market value for
the property. But I understand that should all be taken care of during the condemnation
process. But I just wanted to voice my concern that I think that $117,000 is very high.
Janice Anderson: Bill?
Bill Macali: Mr. Bernas, I was going to answer what you mentioned. But as you noted, the
condemnation award would not be based upon any presupposition that the repairs would be
made. In fact, I would suspect that probably when we handle that condemnation case, we
would ask either the judge or the commissioners who sit as the jury to take a look at the
property, which is permitted, and that will sure have quite an effect on them in determining
the value, which we expect to be considerably less than $117,000.
Janice Anderson: Go ahead Dave.
David Redmond: Just very briefly and for the record. I want to echo to what Mr. Bernas
said. If! were a neighbor of this property, I would be absolutely furious and up all night
concerned with what might be going on in there with vermin, and all those other sort of crime
problems. Nonetheless, it is not the citizens of Virginia Beach responsibility to pay large
amounts of money to someone who has been derelict in the management and ownership of
their own property. I would just hope that we go about this in such a way, expeditiously and
quickly and frankly, not just in this case but every single place we find it in the city. My
concern is that it seems like it is taking a long time to deal with it. And I know that the
neighbors probably feel that too, but in such a way that we don't penalize taxpayers, and
have people who are irresponsible in the management of their properties, whether they be
vacant or occupied, and think, oh well, the City will come in and throw some money at it and
fix it, so I don't have too. I don't want to see that occur in this case. It doesn't sound like
listening to Mr. Macali that it will in this case, but I share Mr. Bernas' view, I think probably
about 99.9 percent of the taxpayers view, that we be careful not to view this City's coffers as
a limitless way to be able to solve this. We ought to do it in the right way and a smart way,
and a way that also protects the taxpayers when we go forward. Thank you.
Item #1
Spot Blight Abatement Determination
Page 6
Janice Anderson: Thank you Dave. Are there any other questions or comments?
Bill Macali: Madame Chairman, what's a little unusual about this is there is an actual
resolution for the Commission to consider rather than just the usual grant or denying. So, the
motion would be to adopt the resolution as it appears in your agenda.
Janice Anderson: Okay. Thank you. Do I have a motion?
David Redmond; Madame Chairman, I move that we adopt the resolution as it appears in our
agenda.
Janice Anderson: I have a motion by Dave Redmond and a second by Ron Ripley.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has adopted the resolution as indicated in the
agenda for the spot blight abatement at 620 Counselor Square.
Janice Anderson: Thank you.
I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of Property Located at 620
Counselor Square and Appropriating $82,778 to Capital Improvement
Project #9-336.
MEETING DATE: May 26, 2009
. Background: Section 16-39 of the City Code, entitled "Spot Blight Abatement,"
authorizes the City to acquire blighted property by eminent domain under certain
conditions.
The property located at 620 Counselor Square is the subject of this Ordinance. The
Department of Housing and Neighborhood Preservation has identified this property as
blighted and issued a notice of this determination to the property owner in January of
2009. The property owner received this notice and has failed to respond or submit a
reasonable plan for curing the blight. The Planning Commission held a public hearing
on April 9, 2008 and made the following determinations:
1) The property was blighted;
2) The owner had not cured the blight and had not presented a reasonable plan
to cure it;
3) The City's plan for the property was in accordance with the Zoning ordinance
and the Comprehensive Plan; and
4) The property is not located in an area listed on the National Register of
Historic Places.
As of the date of this agenda request, the owner has neither cured the blight nor
submitted a plan to cure it.
. Considerations: The property was determined unsafe in June, 2007, as it was
vacant and unsecured at that time. Code Enforcement has issued 28 notices of violation
including 25 property maintenance notices and the owner has failed to respond to the
notices. This property has been the subject of repeated abatement actions by Code
Enforcement. The exterior roofing system is failing; and pigeons have infested the 'attic
area posing a risk for disease to the residents.
. Financial Considerations
Staff recommends that the property be acquired and resold, with the goal of recovering
all costs of this action. However, the actual resale price will depend on market
conditions.
. Basic Information about the Property
Assessed Value: $138,800 ($62,700 land; $76,100 building)
Appraised Value: $83,000 (this value takes into consideration the current condition of
the property)
Estimated Cost of Repairs: $42,000
Delinquent Taxes Due: $4,302
Liens Due: $3,976
. Public Information: As required by law, the public hearing has been advertised
in the local newspaper; in addition, notices have been sent to the owner and to adjacent
property owners.
. Alternatives: Council can affirm, modify or reject the findings of the Planning
Commission. It may authorize staff to go forward with this plan for the disposition of the
Property, either in its present form or as modified by the City Council, or decline to grant
such authority.
. Recommendations: Approval of the attached ordinance, which will affirm the
findings of the Planning Commission, authorize the acquisition of the property via
eminent domain and appropriate the funds needed for acquisition.
. Attachments: Ordinance
Recommended Action: Approval ~
Submitting DepartmentlAgency: Dep~~of Housing and Neighborhood Preservation
City Manager:~) t . Ce1lO'1.
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,I I
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF PROPERTY LOCATED AT
620 COUNSELOR SQUARE AND
APPROPRIATING $82,778 TO CAPITAL
IMPROVEMENT PROJECT #9-336
WHEREAS, on April 8, 2009, in accordance with Virginia Code Section 936-
49.1: 1, and following a public hearing, the Virginia Beach Planning Commission made
the following findings regarding the property located at 620 Counselor Square, in the
City of Virginia Beach (GPIN 1486-26-9112) (the "Property"):
1. That the Property is blighted, within the meaning of Virginia Code
Section 936-49;
2. That the owner of the Property has failed to cure the blight or
present a reasonable plan to do so;
3. That the plan for the repair or other disposition of the Property is in
accordance with the comprehensive Plan, City Zoning Ordinance
and other applicable land use regulations; and
4. That the Property is not located within an area listed on the
National Register of Historic Places; and
WHEREAS, the Planning Commission recommended that the City Council
approve the plan presented by the Department of Housing and Neighborhood
Preservation for the repair or other disposition of the Property, to-wit: that the Property
should be acquired by the City of Virginia Beach through eminent domain and then
resold. The structure should be brought into code compliance by the new owner; as
either owner occupied or resold for rental as a quality, affordable housing unit; and
WHEREAS, the Property has been condemned for human habitation for a period
in excess of one (1) year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
FIRST
That the City Council hereby affirms the aforesaid findings and recommendations
of the Planning Commission; and
SECOND
That the City Council hereby finds that the Property should be acquired by the
City for the preservation of the safety, health, peace, good order, comfort, convenience
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and welfare of the people of the City of Virginia Beach and other related public
purposes, and hereby authorizes the acquisition of the Property in fee simple by
purchase or condemnation pursuant to Section ~36.49.1: 1 and Chapter 2 (~25.1-200 et.
seq.) of Title 25.1 of the Virginia Code; and
THIRD
That the City Manager is hereby authorized to make, or cause to be made on
behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable
offer for the purchase of the Property to the owners or persons having an interest in the
Properties. If such offer is refused, the City Attorney is hereby authorized to institute
and prosecute proceedings to condemn the Property; and
FOURTH
That upon acquisition of the Property, the City shall resell the Property for
purposes of rehabilitation to a qualified builder, developer or other entity, with
appropriate provisions in any such contract of sale to ensure that the property will be
timely rehabilitated or reconstructed and thereafter sold to a qualified owner-occupant or
as a rental property; and
FIFTH
That $82,778 is hereby appropriated to Capital Improvement Project #9-336
(Spot Blight Abatement), and estimated revenue from Sale of Property-Spot Blight is
hereby increased by $82,778.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO CONTENT:
B~~~.~
Management Services
of Housing and
f od Preservation
I
APPROVED AS TO LEGA. L I
S~~E;/l J V luJ
City Attorney
CA 11 058/R-6/May 15, 2009
'I I
CITY OF VIRGINIA BEACH
Spot Blight Report
620 CounselQr Square
City Council - OS/26/2009
Staff: Andrew Friedman, Dept of Housing and Neighborhood Preservation
The following report is provided as an attachment to the City Council agenda request for
this item.
LOCATION:
GPIN AND
OWNER:
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Location and General Information "::':""
620 Counselor Square
14862691120000
Marlena Evans
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COUNCIL
ELECTION
DISTRICT:
District 3
SITE SIZE:
2,416.03 square feet
EXISTING
LAND USE:
Single-family residential! 1 03 Townhouse
SURROUNDING North: . Single-family residential! A 12 Residential District
LAND USE AND South: . Single-family residential! A 12 Residential District
ZONING: East: . Single-family residential! A 12 Residential District
West: . Single-family residential! A 12 Residential District
The Windsor Oaks West Townhouse neighborhood is bordered by
Windsor Oaks Blvd to the West, Holland Road to the South and
Single Family R-75 Residential District to North and East.
AICUZ:
N!A
Key Facts - 620 Counselor Square
Date Determined Unsafe June 26, 2007
Number of Code Enforcement Notices 28
Issued
Assessed Value $138,800
Land Value $62,700
Building Value $76,100
Appraised Value Based on Current $83,000
Condition
Delinquent Taxes $4,302
Liens Due $3,976
Estimated Repairs Needed $42,000 (per third-party repair estimate)
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This property is the subject of possible acquisition under the "spot blight authority,"
Section 16-39 of the City Code. It is being recommended for acquisition due to its
condition and long-term problem property status. Under the process required by the
City Code, both the Planning Commission and the City Council must hold public
hearings, determine that the property meets the definition of blight and that the owner
has failed to remedy or present a plan to remedy the blight.
This property was placarded as unsafe on June 26, 2007, as it was vacanU open and
the roofing system was collapsing. Since January 2002, the Department of Housing
and Neighborhood Preservation (DHNP) I Code Enforcement Division has issued 28
notices of violation, including 25 property maintenance notices and 3 notices for exterior
code violations, none of which the owner has responded to. Therefore, DHNP/Code
Enforcement has been maintaining the exterior premises. The initial notice in the spot
blight process was issued on January 6, 2009, notifying the property owner that they
must present a plan to correct blighted conditions within thirty days. To date, there has
been no response from the owner to this notice.
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Major Issues
Plan for Use of Prooertv -
The property should be acquired by the city. It is recommended that the property then
be declared excess property and offered for sale, with specified rehabilitation
requirements to bring the property into code compliance as part of the sales agreement.
Once fully rehabilitated by the new owner, the property could be owner occupied or
resold without restriction for either owner occupancy or rental. DHNP will monitor the
rehabilitation to ensure the property is brought into full code compliance.
Cost and Fundina - Our goal for this action is to recover all costs from the proceeds of
the resale of the property to a private owner.
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Total costs to the City will include acquisition, advertising, legal and appraisal costs, and
possible short term holding costs. The following charts detail the costs and the funding
requested to carry out this action.
Costs
Item Amount
Advertising, legal, appraisal
and holding costs $2,000
Acquisition Cost
Contingency for
unanticipated expenses
Delinquent Taxes
Liens Due
Total Project Cost
Item
Current Spot Blight CIP
balance
Appropriation requested
Total Requested Funding
Explanation
-,
Third-party appraisal based on
$83,000 "AS-IS" condition.
$2,500
$4,302
$3,976
$95,778
Funding
Amount Explanation
This amount is unencumbered
and can be applied to this
$13,000 project once authorized
$82,778
$95,778
Use of Disposition Proceeds
All funds from the'sale of the property will be used to reimburse the Spot Blight CIP
account. The balance in this account can then be applied to future actions, or can be
transferred to the general fund, depending on future needs and circumstances.
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The Comprehensive Plan recognizes this site and the surrounding area as a Primary
Residential Area. The policies for this area recognize the need to preserve and protect
the character and aesthetic quality of neighborhoods.
Planning Commission Action
The Planning Commission held a public hearing on April 8, 2009 and made the
following determinations:
1. That the property is bliqhted. The property meets the criteria for blight as
outlined in the Spot Blight Ordinance adopted by City Council as noted below.
. This property has been vacant for over seven years
. This property has been the subject of 28.code enforcement notices in the
past seven years
. The property is in poor condition and beginning to affect adjacent
properties. The roofing system is compromised and the property is an
eyesore to the neighborhood. The owners of this property have
consistently failed to maintain the property.
. The owners of this property are in arrears in their taxes and owe
$3,976.51 in liens to the Department of Housing and Neighborhood
Preservation.
2. That the owner has failed to cure the bliqht and failed to present a reasonable
plan to do so. The property owner received notice of the Spot Blight Abatement
on January 14, 2009. The notice stated that they must present a plan to correct
blighted conditions within thirty days. To date, there has been no response from
the owner on this notice.
3. That the City's plan for repair or disposition is in accordance with the
Comprehensive Plan and the Zoninq Ordinance. After acquisition the city would
issue a Request for Proposal for the sale and rehabilitation of the property. The
entire structure would be required to be brought into compliance with all
applicable codes. Any code violations present on the exterior premises would
also be required to be corrected Uunk, weeds, fencing, accessory structures,
etc.) The RFP would allow a contractor or private individual to purchase and
rehabilitate, with the final disposition of the property being an owner occupied
home or resold as a for owner occupancy or rental. Based on the adjoining
property values, this property would be affordable to households at 80 to 100% of
area median income.
4. That the property is NOT located within an area listed on the National Reqister of
Historic Places.
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The Planning Commission made the determination of spot blight on this property and
recommended that the proposed plan for disposition be adopted by City Council.
Attachments:
Photographs of the subject property follow
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right
of way known as Sandy Bay Drive for James M. Arnhold
MEETING DATE: May 26, 2009
. Background:
James M. Arnhold has requested permission to construct and maintain three (3)
parking areas designed with pavers, stone paving, landscaping, piping and yard
inlets, and two (2) 4" conduits into a portion of the City's right of way of Sandy
Bay Drive, located adjacent to his property at 4332 Sandy Bay Drive, Virginia
Beach, Virginia. The proposed items would be installed in conjunction with the
construction of the new residence on Mr. Arnhold's property.
. Considerations:
Mr. Arnhold has obtained the written support of the adjacent property owners for
the proposed encroachments as designed. (See letter dated June 2, 2008 to
Mayor Oberndorf). City Staff has reviewed the requested encroachments and
has recommended denial of same stating the following:
1. The paver parking areas requested will eliminate the ability of the public to
utilize the right of way in this area (i.~. private control of the right of way).
Public Works Standard 3.10.4-J states that the maximum allowed width for a
driveway apron for a single family residence shall be 20 feet at the property line
(the right of way line) and 24 feet at the curb line. The Standard goes on to state
that, for homes with three-car (or more) garages, the maximum may go up to, but
not exceed, 30 feet at the property line (the right of way line) and 34 feet at the
curb. Therefore, utilizing this standard, the three (3) proposed aprons requested
and shown on the exhibit drawing submitted will total 48.5 feet and will
accommodate five (5) vehicles.
There are three (3) unauthorized paved parking encroachments located along
Sandy Bay Drive (4328, 4228 and 4224 Sandy Bay Drive).
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
I I
. Recommendations:
Deny the request for the encroachment of three (3) parking areas designed with
pavers, stone paving, landscaping, piping and yard inlets, and two (2) 4" conduits
within the City's right of way of Sandy Bay Drive.
. Attachments:
Ordinance, Agreement, Plat, Support Letter, Pictures and Location Map
Recommended Action: Denial of the Ordinance.
Submitting Department/Agency: Public Works/Real Est
CityManage~" \L.'&s~
, ?, ttf/lp.
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF CITY RIGHT OF
WAY KNOWN AS SANDY BAY DRIVE
FOR JAMES M. ARNHOLD
WHEREAS, JAMES M. ARNHOLD desires to install, construct and maintain
three (3) parking areas designed with pavers, stone paving, landscaping, piping and
yard inlets, and two (2) 4" conduits within a portion of the City's right of way of Sandy
Bay Drive, and located adjacent to his property located at 4332 Sandy Bay Drive, in the
City of Virginia Beach, Virginia.
WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's right of way 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 99 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, JAMES M. ARNHOLD, his
heirs, assigns and successors in title are authorized to construct and maintain
temporary encroachments for three (3) parking areas designed with pavers, stone
paving, landscaping, piping and yard inlets, and two (2) 4" conduits into a portion of the
City's right of way as shown on those three (3) maps collectively marked Exhibit "A" and
entitled: "EXHIBIT "A", SHOWING ENCROACHMENTS INTO THE RIGHT-OF-WAY
OF SANDY BAY DRIVE FOR LOT 48, BA YLAKE BEACH" 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 JAMES M. ARNHOLD, (the "Agreement"), 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 JAMES M. ARNHOLD and the City Manager or his authorized designee
execute the Agreement.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
1
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CA-10991
V;lapplicationslcitytawprodlcycom32lWpdocslD004lP004100011331 ,DOC
R-1
PREPARED: 04/22/2009
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
(Y~ll.:l21k~
Nell L. Ford,
Special Counsel for the City Attorney
2
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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 1st day of April, 2009, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia,
Grantor, "City", and JAMES M. ARNHOLD, HIS HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee",
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 48", as shown on that certain plat entitled: "Baylake
Beach" and said plat is 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 4332 Sandy Bay Drive, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain 3 parking
areas designed with pavers, stone paving, landscaping, piping and yard inlets, and 2 4"
conduits, collectively, the "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as
Sandy Bay Drive, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
1570-81-8343-0000
I I
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby
grants to the Grantee permission to use the Encroachment Area for the purpose of
constructing and maintaining the_ Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach, and in accordance with the City's specifications and approval
and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat, consisting of three (3) sheets entitled:
"EXHIBIT "A", SHOWING ENCROACHMENTS INTO THE
RIGHT-OF-WAY OF SANDY BAY DRIVE FOR LOT 48,
BA YLAKE BEACH" copies of which are attached hereto
collectively 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 ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity, and Grantee
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.
It is further expressly understood and agreed that the Grantee shall indemnify,
hold harmless, and defend the City, its agents and employees, from and against ,all claims,
2
II I
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 submit and
have approved a traffic control plan before commencing work in the Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no
open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division, Department
of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a
permit from the Office of Planning Department prior to commencing any construction within
the Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way/utility easement permit, the Grantee must post a bond or other security, in the amount of
two times their engineer's cost estimate, to the Office of Planning Department to guard
against damage to City property or facilities during construction.
3
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It is further expressly understood and agreed that the Grantee shall not erect
signage of any type indicating that the said parking areas as shown on the aforesaid Exhibit
(the "Parking Spaces") are private parking, nor shall the Grantee prohibit in any way the
usage of those Parking Spaces by the general public, notwithstanding the fact that portions of
such Parking Spaces are on private property. Furthermore, the Grantee must allow parking
by the members of the general public on any parking area where pavers are installed, except
for that portion of the Grantee's driveway necessary to g~in access to the garage. For the
purposes of this Agreement, attempts to prohibit the public from parking within the Parking
Spaces created by the Temporary Encroachment shall include verbal requests/statements to
members of the public not to park in the Parking Spaces, obstructing the Parking Spaces with
physical barriers, posting signs stating "no parki ng", "no trespassing", "towing enforced", or
similar phrases, asking for vehicles to be towed from such Parking Spaces, or any other
action the reasonable effect of which is to prevent or dissuade members of the general public
from parking in the Parking Spaces.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named
insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive
general liability insurance in an amount not less than $500,000.00, combined single limits of
such insurance policy or policies. The Grantee will provide endorsements providing at least
thirty (30) days written notice to the City prior to the cancellation or termination of, or material
change to, any of the insurance policies. The Grantee assumes all responsibilities and
liabilities, vested or contingent, with relation to the construction, location, and/or existence of
the Temporary Encroachment.
4
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary
Encroachment sealed by a registered professional engineer, if required by either the City
Engineer's Office or the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for
the collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of
the Encroachment Area, the equivalent of what would be the real property tax upon the land
so occupied if it were owned by the Grantee; and if such removal shall not be made within the
time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of
One Hundred Dollars ($100.00) per day for each and every day that the Temporary
Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, JAMES M. ARNHOLD, the said Grantee, has caused
this Agreement to be executed by his signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager and
its seal be hereunto affixed and attested by its City Clerk.
5
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CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, 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.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2009, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its
behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
,I I
TE OF VIRGINIA
CITY VIRGINIA BEACH, to-wit:
VIRGINIA BEACH.
oing instrument was acknowledged before me t .
day of
CITY OF
-,
STATE OF y';te-, iN i4 ~
CITY/COUNTY OF YiR..,iAJllI tnrJ/tO-Wit:
The foregoing instrument was acknowledged before me this J $r day of
,
,
Ii
Il
I
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I'
Ii
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fJf~iL
,2009, by JAMES M. ARNHOLD.
/Sjlft~.~
Notary Pu c" (f'
Notary Registration Number: 3 ~ 3 1 ~ '1
My Commission Expires: F E ~ e:( 3, ~o I(
BETTY C. JENKINS
NOT AAY PUBLIC
Commonwealth of Virginia
Reg. #323757
My Commission Expires Feb. 28, 2011
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
7
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~JLul )r(l,J.C~
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APPROVED AS TO CONTENTS
if:~ c ~
51 NATURE
riD kCAJ Gsfde
DEPARTMENT
/...'0
X:IProjectsIEncroachmentsIApplicantsIArnhold, James MIAgreement Encroachment.doc
8
SEE SHEET 2 FOR DIMENSIONS ---------
AND MATERIAL FOR ----
ADDITIONAL eARKI~G- _ _
SEE SHEET 3 FOR LANDSCAPE
PLAN WITHIN THE
RIGHT-OF-WAY
4336 SANOY BAY DRIVE
LOT 47
CPIN 1570-81-7357
N/f
JAAlES C. & AlARY ANNE
CARLSON
~NS1/ 20040511000734750)
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I::!- 4328 SANOY BAY DRIVE
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" LOT 49
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, CPIN 1570-81-9330
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19 CLARENCE A. & AlARY B.
II - HOLLAND
(0.B. 1001, Pc. 238)
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--- s --0- S SANDY BAY DRIVE S(5O'R7~ s -
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SITE DATA & NOTES _
· THE SUBDIVISION PlAT FOR THIS PROPERlY WAS RECORDED IN MAP BOOK 41, PAGE 31.
· GPIN 1570-81-8343, LOT 48 "BAYlAKE BEACH"
SITE ADDRESS IS 4332 SANDY BAY DRIVE
· ZONING R-15 (SETBACKS: FRONT 30', SIDE 10', REAR 20')
THE PROPERlY FALLS IN THE CHESAPEAKE BAY WATERSHED.
THE PROPERlY DOES FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE FEMA NFlP FIRM FOR THE CllY
OF VIRGINIA BEACH, COMMUNllY PANEL NUMBER 515531-0004E, DATED DECEMBER 5, 1996. THE PROPERlY FALLS
IN FLOOD ZONE 'VE"t BASE FLOOD ELEVATIONS 9 - 12. THE PROPOSED DWELUNG IS LOCATED IN A SPECIAL
FLOOD HAZARD AREA. EXHIBIT "A"
SHOWING
80 ENCROACHMENTS INTO THE RIGHT-OF-WAY
I OF
feet SANDY BAY DRIVE
FOR
LQT 48, BAYLAKE BEACH
(M.B. 41, PAGE 31)
VIRGINIA BEACH, VIRGINIA
SCALE: 1 "=40' DATE: 08/29/08
SHEET 1 OF 3
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EMAIL: cadd@sleimprovemenl.nel
Office: 757.671.9000 . Fax: 757.671.9268
eoo Juniper Crescent, Suite A . Chesapeake. Va. 23320
SIA * 0317~
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June 2, 2008
Mayor Meyera Obemdorf
Virginia Beach City Council
City Hall Building
Virginia Beach, Virginia 23456
SUBJECT: Encroachment Request Located at 4332 Sandy Bay Drive, Baylake
Beach, for Mr. James Arnhold - Improved Parking Areas in City
Right-Of-Way
Dear Mayor Obemdorf:
We, the undersigned adiacent property owners. are writing to show our support for Mr.
Jim Arnhold's encroachment request for the improved parking areas and columns within
the City's right-of-way. Mr. Arnhold has worked closely with the adjacent property
owners and advised us of the various details of the construction of this beautiful new
residence. We feel that the new home and the additional improvements he proposes will
be an excellent addition to the neighborhood. Furthermore, we feel that parking would
take place in the identified areas regardless of the materials used within the right-of-way.
It can certainly be argued that the materials that Mr. Arnhold proposes greatly enhance
the streetscape at this location.
Therefore, we strongly support Mr. Arnhold's encroachment request and respectfully ask
that City Council consider approving the encroachments as submitted.
Sincerely,
Name:el-I.\\2.l~j:.. /.4 HvU 1~/1,f)
Printed
Address: lJ. '2,2v S. AND V ' lD~A-V I~\c
VA . ~ ~Acl-I (tiP. :2"3"4 J:J
Name: 1" Aw\.0 6.. CAfU-<6~
Printed
Address: f~~ b
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Signed
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Federal Stimulus Funds to the Department of
Housing and Neighborhood Preservation's FY 2008-09 Operating Budget
MEETING DATE: May 26, 2009
. Background: Under the American Recovery and. Reinvestment Act (ARRA) of
2009, the U.S. Department of Housing and Urban Development (HUD) received
additional funding under the Community Development Block Grant (CDBG) fund.
Virginia Beach's allocation is $660,901, and these monies represent the second phase
of Federal stimulus revenues allocated to the City (Council appropriated over $1 million
on April 28 to prevent and address homelessness). Under the ARRA, the funding must
be used for activities normally eligible under the CDBG program, with some exceptions.
In addition, cities must submit proposals for the use of funds, in the form of an
amendment to their annual plan for the use of Federal funds, no later than June 5,
2009. Therefore, May 26th is the opportunity for Council to authorize an application for
these funds.
. Considerations: To meet key requirements of the ARRA for rapid utilization of
funds and job creation and in light of the extremely limited amount of time available to
decide, staff recommends that the City apply these funds for the rehabilitation of eligible
owner-occupied housing units. This program is currently operational, creates or
preserves jobs in the construction business, and has been a core element of our
housing programs for the past fifteen years. This alternative is the fastest and most
reliable way to meet the requirements of the act. In addition, because the program is
already staffed and operational, 100% of the funds would be applied directly to assist
individual homeowners. This funding increases the amount of monies available for
housing programs, potentially allowing additional needs to be met with our previously-
budgeted funds.
. Public Information: The regulations also require public notice and comment
regarding the proposed use of these funds. Therefore, this proposal was advertised in a
notice published in the "Beacon" on May 14th. Other public information will be
coordinated through the traditional Council agenda process.
. Recommendation: Approval of the attached ordinance.
. Attachments: Ordinance
Recommended Action: Approval r\/11
Submitting Department/Agency: DepartmeklM H sing and Neighborhood Preservation
City Manag~ k -'03bf1.
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AN ORDINANCE TO APPROPRIATE FEDERAL STIMULUS
FUNDS TO THE FY 2008-09 OPERATING BUDGET OF
THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $660,901 provided to the City under the American Recovery and
Reinvestment Act (ARRA) under the Community Development Block Grant is hereby
appropriated, with federal revenue increased accordingly, to the FY 2008-09 Operating
Budget of the Department of Housing and Neighborhood Preservation for rehabilitation
of eligible owner-occupied housing units.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day
of
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
SUFFICIENCY:
APPROVED AS TO LEGAL
cLCj~Cl" ~
Management Ser:vices
'V(ft.~~
City mey's Office
CA11135
R-2
May 15, 2009
II I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Plaza
Volunteer Rescue Squad for the Purchase of a Replacement Ambulance
MEETING DATE: May 26,2009
. Background: The Plaza Volunteer Rescue Squad is requesting a no-interest
loan from the City to replace the oldest ambulance in its 4 vehicle inventory that has
become undependable due to increased mechanical problems resulting in unscheduled
down time. The unit has over 200,000 miles and is over 10 years old.
The ten volunteer rescue squads in the City of Virginia Beach provide invaluable
services to our community. The volunteer rescue squads own all the ambulances
providing 911 emergency medical transportation services in the City of Virginia Beach.
The volunteer rescue squads receive no direct tax funding for their operating costs to
provide these services and do not charge their patients for the medical treatment and/or
transportation rendered. The primary source of revenue for the volunteer rescue squads
is through their individual squad fund drives, conducted annually.
Depending on the availability of funds, the City provides some support costs for the
Volunteer Rescue Squads, such as providing standard equipment for the ambulances;
physical facilities and spaces to house and support equipment and personnel; paying
utility bills for buildings and facilities housing a rescue squad, including those owned by
a rescue squad; providing or paying for property and liability insurance for any building,
facility or real property used to operate the volunteer emergency medical transport
service; providing or paying for fuel for ambulances, zone cars and other emergency
service vehicles; providing or paying for insurance covering ambulances and other
emergency service and support vehicles owned by the rescue squads; providing
adequate staff and budget for volunteer EMS recruitment and retention programs;
providing initial and continued training and education of volunteers; and providing shift
supervision.
Also, the City of Virginia Beach has historically provided short term, no interest loans to
the volunteer rescue squads servicing our citizens. The majority of these loans have
been to provide initial capital for the acquisition of replacement ambulances. The c()st of
a new ambulance routinely exceeds $100,000, without consideration of the medical
equipment, supplies or personnel.
. Considerations: The attached letter from Plaza Volunteer Rescue Squad has
been received by the Department of Emergency Medical Services requesting a no
interest loan in the amount of $70,000 payable in two annual payments of $23,350 each
and a third annual payment of $23,300. The first payment would commence June 2010.
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This would allow Plaza to standardize their ambulance fleet and provide a safer, more
modern transportation and treatment environment to their personnel and patients. They
have received a $65,658.50 Rescue Squad Assistance Fund grant to fund a portion of
the estimated $156,832 cost of the replacement ambulance, and will utilize $21,263.50
of rescue squad donation monies and sale or trade in of the existing ambulance to
complete the purchase and outfitting of this unit.
. Public Information: Information will be disseminated through the regular
Council agenda notification process.
. Alternatives: The alternative to this request will cause the rescue squad to
further delay purchase of the replacement ambulance, increasing maintenance costs.
. Recommendations: The Department of Emergency Medical Services
recommends approval of this loan request and ordinance.
. Attachments: Ordinance, Loan Agreement, Promissory Note, and Letter from
Plaza Volunteer Rescue Squad Requesting a No Interest Loan
Recommended Action: Approval , ~
Submitting Department/Agency: Department of Emergency Medical Services U
City Manager:~~ ~ :C~~ --
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AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER
RESCUE SQUAD FOR THE PURCHASE OF A
REPLACEMENT AMBULANCE
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $70,000 is hereby appropriated from the fund balance of the General
Fund for an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of
a replacement ambulance, contingent upon execution of the attached agreement.
2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three (3)
years, pursuant to the terms of the attached promissory note.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
DcA;) 0. ~^ ~ ~~ (1
Management Services ~ 1
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ity ttom y s 0 Ice
CA11134
R-1
May 14, 2009
PROMISSORY NOTE
$70,000
Virginia Beach, Virginia
May 26, 2009
FOR VALUE RECEIVED, PLAZA VOLUNTEER RESCUE SQUAD, ("Maker"),
promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at
Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing,
the principal sum of SEVENTY THOUSAND DOLLARS ($70,000) together with interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO
Percent (0%) per annum.
Payment on principal shall be as follows:
On or before June 1,2010 - $23,500
On or before June 1,2011 - $23,500
On or before June 1,2012 - $23,000
This note may be prepaid in whole or in part without penalty. Any such prepayments shall
be applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of
the charge will be 15% of any overdue payment of principal. Maker will pay this late charge
promptly but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due, Maker
will be in default, and the entire principal amount hereof, together with all accrued interest and late
charges, shall become immediately due and payable at the option of the Noteholder. Failure to
exercise this option upon any default shall not constitute or be construed as a waiver of the right to
exercise such option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas
on the ground of any extension or extensions of the time for payment or of the due dates of this
note, the release of any parties who are or may become liable hereon, in whole or in part, before or
after maturity, with or without notice, are waived by the Maker and are jointly and severally waived
by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the
foregoing parties that they will pay all expenses incurred in collection this obligation, including
reasonable attorney's fees, if this obligation or any part hereof is not paid when due.
WITNESS the following signature(s).
PLAZA VOLUNTEER RESCUE SQUAD
(SEAL)
By: Mark Collins, Lieutenant
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Agreement Between the City of Virginia Beach and
the Plaza Volunteer Rescue Squad
THIS AGREEMENT is made and entered into this __ day of ,
2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the
Plaza Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions
of Code of Virginia SS 27-15.2 and 27-23.6.
WHEREAS, the RESCUE SQUAD maintains equipment and personnel for
emergency medical services within the City of Virginia Beach; and
WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified
and certified volunteer personnel and equipment to provide emergency medical services,
and
WHEREAS, the CITY hereto desires to support the volunteer emergency medical
services in Virginia Beach provided by the RESCUE SQUAD; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial
for the parties to enter into ~his agreement to render support and service:s to one another in
accoraance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein,
and for other valuable consideration related to the acquisition of a vehicle, the parties
enter into the following agreement as defined below:
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan for the purchase ofthe vehicle.
B. Provide standardized equipment required for operations within the City including
but not limited to mobile communications devices, pagers, and map books.
C. Provide or pay for insurance covering emergency service and support vehicles
owned by the RESCUE SQUAD.
D. Provide fuel for the vehicle.
E. Provide all vehicle maintenance and inspection services, including payment of the
annual maintenance fee, in support of the vehicle through the CITY's Division of
Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The
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Division of Automotive Services shall maintain maintenance records and allow
the RESCUE SQUAD's officers access to those records.
RESPONSIBILITIES OF THE RESCUE SQUAD
A. The RESCUE SQUAD shall repay the loan for the vehicle according to the
Promissory Note. The RESCUE SQUAD shall have the ability to request
reasonable relief on the due date/amount should extenuating circumstances occur.
This request for extension shall be made to the EMS Chief no less thlln 30 days
prior to the payment due date. .
B. If the vehicle is sold, after satisfying all conditions of the loan, including
repayment, the CITY -owned equipment shall be removed and returned to the
CITY prior to the sale of the vehicle, unless prior arrangements have been made
to reimburse the CITY for the fair market value of the CITY -owned equipment.
C. If, notwithstanding the provisions of subsection E in the prior section, the
RESCUE SQUAD elects not to use the services of the CITY's Division of
Automotive Services for any and all maintenance and inspection services, it shall
be the responsibility of the RESCUE SQUAD to maintain the vehicle in
accordance with the manufacturer's recommended maintenance schedule and
procedures. The RESCUE SQUAD shall pay for all necessary maintenance and
repairs and shall only use repair shops that are acceptable to the EMS Chief.
DEFAULT AND MODIFICATION
A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its
sole discretion agree to a modification of this agreement, in accordance with the
modification procedure set forth in the next subsection. If the parties do not agree
in writing to a modification of this agreement, then, upon default of the loan,
ownership of the vehicle shall revert to the CITY. The CITY shall provide a
rebate to the RESCUE SQUAD based on the net difference between the fair
market value of the vehicle and the unpaid portion of the loan. If the CITY and
the RESCUE SQUAD are unable to agree upon the fair market value of the
vehicle, the parties shall select a third party who is acceptable to both the CITY
and the RESCUE SQUAD to determine the vehicle's fair market value.
B. This agreement may be reviewed at any time upon the direction of the City
Manager. Each party must agree in writing to any subsequent modifications.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA,
James K. Spore, City Manager
ATTEST:
City Clerk
PLAZA VOLUNTEER RESCUE SQUAD
By:
Title:
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Virginia Beach Management Servic~s
City Attorney's Office
V irginia Beach Risk Management
Virginia Beach EMS Chief
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PLAZA V()LUNTEER RESCUE SQUAD
P.O. Bm, 2128
Virginia Bcm:h. VA. 23450
Chief
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA. 23451 _
May 11,2009
The Plaza Volunteer Rescue Squad needs to replace its aging 1999 International 4700
Ambulance (1621) with a new Ambulance. This will ensure continuation of quality
emergency services with state of the art equipment.
Ambulance 1621 is the oldest of four ambulances in the Plaza Rescue Squad inventory.
Over the past year we have experienced increased mechanical problems including brake,
suspension and electrical failures resulting in towing service and unscheduled periods of
down time. We attribute this, in part, to the following:
. Electrical problems include outdated lighting which creates a larger draw on the
electrical system resulting in premature failure of the Ambulance batteries.
. Air Conditioning is not adequate to handle the summer temperatures which create
scheduling problems during the summer days.
. Maintenance costs are now twice as the other ambulances and is only used 18
percent of the time trying to save unnecessary costs.
Unit 1621 is a 1999 model year chassis and is now 9 years old and in dire need of
replacement. In addition to the aforementioned outdated lighting, the flooring is also in
need of replacement. It is not cost effective to rechasis this unit, as the flooring, electrical
systems, air conditioning, and upholstery all need replacement. At its present mileage of
200,000+ with the aforementioned problem areas it has become undependable.
Plaza Volunteer Rescue Squad has researched and priced ambulances and has decided on
another ambulance with a Chevrolet truck chassis. Plaza Rescue Squad currently has
three (3) ambulances with the same chassis type in its inventory and its members are
familiar with the driving and handling.of this type ambulance chassis. Also with the
current Chevrolet chassis' in the inventory the maintenance facilities utilized by Plaza
Rescue are already in place.
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The proposed cost to purchase a new Ambulance is $156,832.00 Of this cost Plaza
V olunteer Rescue Squad has applied for a RSAF grant from the state office of EMS and
had been awarded a grant in the amount $65,568.50.
Plaza Rescue Squad will be applying $21,263.50 from donations towards the cost plus
the sale or trade of the current 1621 (price to be determined). Current budget constraints
limit Plaza Rescue Squad's ability to fund this new ambulance without the assistance of
the City of Virginia Beach.
Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the
state grant and its funds for the purchase of a new ambulance with a no-interest loan of
$70,000.00. Weare further requesting to pay back this loan over a period of three (3)
years at $23,333.33 per year. We request the first payment to be one year after the loan
is secured.
William J. Walker
President
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K. PLANNING - NO ACTION NECESSARY
1. Ordinance to AMEND Appendix C, Site Plan Ordinance, Section 5B, re floodplains and
the requirements of the National Flood Insurance Program.
2. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex to 1-1 Light Industrial at 212-228 Fair Lady
Road and 2305 Potters Road. (Deferred by the Planning Commission)
DISTRICT 6 - BEACH
L. PLANNING
1. Application ofthe CITY OF VIRGINIA BEACH for a street closure (unimproved) at
Terrell Avenue to incorporate the right-of-way into surrounding property owned by the
City.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
2. Application ofthe CAVALIER GOLF and YACHT CLUB for the closure of a portion
of Cardinal Road from the north side of Starling Court to its terminus.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
3. Application of ELLIS-GIBSON DEVELOPMENT GROUP / LAKE GEM II, LLC
for a Conditional Use Permit re a seasonal outdoor "green" market at 2181 Upton
Drive.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T) for a
Conditional Use Permit re a communication tower at 6009 Blackwater Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
INDEFINITE DEFERRAL
5. Application of CHESTER and VIVIAN TUCKER for a Conditional Use Permit to
convert their single family residence into a Country Inn at 1557 Sandbridge Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application ofFLORDELIZA and DANIEL BAYANGOS, JR., DBA LIZA'S
RESIDENTIAL CARE for a Conditional Use Permit re senior residential care at 5084
Langston Court.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
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7. Application of PRINCESS ANNE CHURCH OF CHRIST for a Conditional Use
Permit re a church at 3016 Virginia Beach Boulevard.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Classification from R-5D Residential Duplex and A-12 Apartment to 1-1 Light Industrial
at London Bridge and Potters Road. (AICUZ)
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
9. Application of RICHMOND 20MHz, LLC, Modification of Conditions No.1 and 3
(approved by City Council on November 22,2005) re location and the number of antenna
arrays allowed on the tower at 1000 Great Neck Road.
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
10. Ordinance to AUTHORIZE a new Official Zoning Map, which shall replace the
existing Map, due to a change in the computer mapping format used to store the data and
develop the printed copies. There are no changes between the current and proposed maps
in regard to the Zoning Districts or to their existing locations.
RECOMMENDATION
ADOPTION
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Virginia Beach City Council will meet in the Chamber at City:
: Hail, Municipal Center, 2401 Courthouse Drive, Tuesday,:
; May 26, 2009. at 6:00 p.m. The following applications WHIII
be heard:
CITY OF VIRGINIA BEACH
Ord'nance to amend Appendix C. Site Plan Ordinance,
Section 5B pertaining to floodplains and the requirements of
the National Flood Insurance Program.
Ordinance to adopt a new Official Zoning Map, which shall
replace the existing Official Zoning Map, due to a change in
the computer mapping format used to store the map data
and develop the printed copies. There are no changes
between the current and proposed maps in regard to the
zoning districts or to their existing locations.
PRINCESS ANNE DISTRICT
E'!'s-Gibson Development Group I Lake Gem II, LLC
A.pplication: Conditional Use Permit for a seasonal outdoor
'green' market at 2181 Upton Drive.
New Cingular Wireless PCS, LLC (T/A AT&T) Application:
CCJnditional Use Permit for a communication tower at 6009
Blackwater Road.
Chester and Vivian Tucker Application: Conditional Use
~ermit for a Country Inn at 1557 Sandbridge Road.
ROSE HAU DISTRICT
City Of Virginia Beach Application: Soot BliJ:!ht Abatement
Qetermination at 620 Counselor Square.
L YNNHAVEN DISTRICT
Princess Anne Church Of Christ Application: Conditional Use
Permit for a church at 3016 Virginia Beach Boulevard.
Cavalier Golf & Yacht Club, Application: Street Closure for a
portion of Cardinal Road from the north side of Starling Court
to its terminus.
Richmond 20MHz, LLC, Modification of Conditions (approved
by City Council on November 22, 2005) at 1000 Great Neck
Road.
KEMPSVIUE DISTRICT
Rordeliza Bayangos, Daniel Bayangos, Jr., DBA Liza's
Residential Care Application: Conditional Use Permit for
residential care at 5084 Langston Court.
BEACH DISTRICT
City Of Virginia Beach Application: Change of ZoninJ:! District
Classification, R-5D Residential Duplex to 1-1 Light Industrial
at 212-228 Fair Lady Road and 2305 Potters Road..
City Of Virginia Beach Application: ChanJ:!e of Zoning Distric!
Classification. R-5D Residential Duplex and A-12 Apartment
to 1-1 Light Industrial at the east side of London Bridge Road
beginning at a point 300 feet south of Potters Road for a
distance of 1030 feet.
City Of Virginia Beach Application: Street Closure at Terrell
Avenue (unimproved),
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
bttp:/ /www.vbJ:!ov.com/oc. For information call 385-4621.
If you are physically disabled or visually Impaired and
peed assistance at this meeting, please call the CITY
CLERK'S OFFICE at 3854303.
Beacon May 10 & 17, 2009
20136478
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Floodplain Ordinance Amendment
MEETING DATE: May 26,2009
. Background:
An Ordinance to amend Appendix C, Site.Plan Ordinance, Section 5B pertaining
to floodplains and the requirements of the National Flood Insurance Program.
. Considerations:
This amendment was heard by the City Council on April 28, and has been
adopted. Due to an error by Planning Department staff, the amendment was
inadvertently advertised for this meeting. Since it has been advertised, however,
the reason for its adv~rtisement is being provided.
. Recommendations:
No action necessary.
Recommended Action: No action necessary.
Submitting Department/Agency: Planning Department I \ ~
City Manage . . '::> k .~~ ~
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CITY OF VIRGINIA BEACH -
LONDON BRIDGE ROAD (WEST)
Relevant Information:
· Beach District
· The applicant requests rezoning on the site from R-5D to 1-1 Light
Industrial for the purpose of developing the site with a use that is
compatible to the APZ-1
Evaluation and Recommendation:
· No action is necessary, as the Planning Commission deferred the
application instead of acting on it.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Chanae of Zonina District Classification, R-5D
Residential Duplex District to 1-1 Light Industrial District, 212-228 Fair Lady
Road, 2305 Potters Road, BEACH DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant proposes to rezone the existing R-5D Residential District to 1-1
Light Industrial District. The property was acquired as part of the City's
acquisition program to prevent further development of incompatible uses in the
APZ-1 Accident Potential Zone surrounding NAS Oceana. Once the property is
rezoned, it will be marketed to future users whose businesses conform to the
permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions
in Air Installations Compatible Use Zones (AlcUZ).
. Considerations:
There was opposition to this request at the hearing. The Planning Commission,
therefore, deferred the application, directing Staff to meet with the property owner
in opposition to discuss the individuals issues and how those issues could be
resolved as part of the rezoning.
. Recommendations:
No action necessary, as the Planning Commission deferred the item rather than
making a recommendation to the City Council.
. Attachments:
Location Map and Summary
Recommended Action: No action necessary.
Submitting Department/Agency: Planning Department I \ ~
City Manage~ l,~~ ,
, II
II
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Application of the City of Virginia Beach for the closure of a portion
of Terrell Avenue east of London Bridge Road.
DISTRICT 6 - BEACH.
MEETING DATE: MAY 26, 2009
. Background:
City of Virginia Beach (the "Applicant") requests discontinuance, closure, and
abandonment of an unimproved portion of Terrell Avenue east of London Bridge
Road for the purpose of incorporating it into surrounding property, which is
owned by the City of Virginia Beach.
. Considerations:
The property adjacent to this right-of-way was acquired as part of the City's
acquisition program to prevent further development of incompatible uses in the
APZ-1 Accident Potential Zone surrounding NAS Oceana. That property is
subject to a separate rezoning application. Once rezoned, the property will be
combined with the area of this closure and be marketed to users whose
businesses conform to the permitted uses_within the City Zoning Ordinance,
Article 18 Special Restrictions in Air Installations Compatible Use Zones
(AICUZ).
The Viewers reviewed the request and determined that there is no current or
future public need for this right-of-way and closure of the right-of-way will not
result in a public inconvenience; therefore, they recommend closure of the right-
of-way.
. Recommendations:
The Planning Commission, by a vote of 10-0, recommends approval of this
closure to the City Council with the following 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
is normally 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.
No purchase price shall be charged in this street closure, however,
I I
CITY OF VIRGINIA BEACH - TERRELL AVENUE
Page 2 of 2
because the City is both the owner of the underlying fee and the applicant
seeking this street closure.
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. The applicant shall verify that no private utilities exist within t~ right-of-
way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. 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 recommended approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~
City Manager:~'" k ~&"'t
#5
May 13, 2009 Public Hearing
APPLICANT AND PROPERTY
OWNER:
CITY OF VIRGINIA
BEACH I
DEPARTMENT OF
ECONOMIC
DEVELOPMENT
STAFF PLANNER: Faith Christie
REQUEST:
Discontinuance. closure and abandonment Terrell Avenue east of London Bridge Road
ADDRESS I DESCRIPTION: Property located on the east side of London Bridge Road, running easterly
250.81 feet
AICUZ:
The site is located within a
more than 75dBLdn AICUZ
noise zone and an Accident
Potential Zone 1 (APZ-1).
SITE SIZE:
9,573 square feet
GPIN: ELECTION DISTRICT:
South of BEACH
14979276410000, and
north of 14979284620000,
14979274750000,
14979274020000, and
14979264530000
SUMMARY OF REQUEST
The applicant requests discontinuance, closure, and
abandonment of Terrell Avenue east of London Bridge Road for the purpose of incorporating it into
surrounding property.
. LAND USE AND ZONING INFORMATION
CITY OF VIRGINIA BEACH
Agenda Item 5
Page 1
EXISTING LAND USE: Unimproved right-of-way
SURROUNDING LAND
USE AND ZONING:
North:
· Vacant property I R-5D Residential (rezoning pending to 1-1
Light Industrial)
· Vacant property I R-5D Residential (rezoning pending to 1-1
Light Industrial)
· Single-family and duplex dwellings I R-5D Residential
. London Bridge Road
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority ofthe site is grass field.
IMPACT ON CITY SERVICES
PRIVATE UTILITES: The applicant shall verify that no private utilities exist within the right-of-way proposed
for closure. If private utilities do exist, easements satisfactory to the utility company must be provided.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan Map designates this area as a Primary Residential Area, abutting Strategic
Growth Area 9 - West Oceana Area. The West Ocean a Area is generally bound by London Bridge Road,
Lynnhaven Creek, and South Lynnhaven Road. The Comprehensive plan identifies the property located
in the southern and eastern part of the Strategic Growth Area as suitable for low intensity industrial uses
that conform to the AICUZ provisions. The property is restricted to those uses permitted in the City Zoning
Ordinance, Article 18, and the APZ-1 Master Plan.
Evaluation:
The Viewers reviewed the request and determined that there is no current or future public need for this
right-of-way and closure of the right-of-way will not result in a public inconvenience; therefore, they
recommend closure of the right-of-way.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
CITY OF VIRGINIA BEACH
Agenda Item 5
Page 2
II I
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 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. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If
private utilities do exist, easements satisfactory to the utility company must be provided.
4. 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.
CITY OF VIRGINIA BEACH
Agenda Ite)ll 5
Page 3
I I
AERIAL OF SITE LOCATION
CITY OF VIRGINIA BEACH
(,"" .":
Agenda It~1r 5
.' p~ge 4
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AREA OF TERRELL AVENUE
FOR PROPOSED CLOSURE
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env OF VIRGINIA BEACH
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{MB 277 PG 55)(M8 280 PG :32}
(MB 285 PG 31)(1.18 286 PC 20)
(MS 287 PC 53)(MB 288 P(54)
(MB 291 PG 50) (Me 295 PC 11)
(INST. 200310150167381)
EXHIBIT DEPlCllNG
PORTION or
TERRElL AVENUE
FOR
PROPOSED STREET CU>SURE
V1RGlNIA BEACH. VlRCINIA
APRIL 13. 2009SCAlL; 1'-50'
LANDMARK
5544 Gte<t\'lwich Rood - Suit. 200
VIrginia Beach. VA 2~62
Tel. (757) 473-2.000
foa (757) 497-7933
Emoil: ImdgOfondmorkdg.com
4029 lror,boUI'd Roed - S,il. '00
W:l:iomllburg. VA 23'S8
Tei. (757) 25.3-7915
Foa (/51) 729-0049
Emoil; lmd90Iand,...,orkdg.com
DESIGN GROUP
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ORAWN 8'1': LRL CHECKW BY; ESP DRAWING NO: 32373. "ROJECT: ?008059-002.o1
SURVEY OF AREA TO BE CLOSED
CITY OF VIRGINIA BEACH
Agenda ItelTl 5
Page 5
I ,
MO~~!t. tDlcole Citv of Viryinia Beach
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Street Closure' - Terrell Ave.
1. 5/13/09 Proposed Rezoning (R-5D Residential to 1-1 Light Pending
Industrial)
2, 5/13/09 Proposed Rezoning (R-5D Residential and A-12 Apartment Pending
to 1-1 Light Industrial)
ZONING HISTORY
CITY OF VIRGINIA BEACH
Agenda Item 5
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DISCLOSUR
APPL.ICANT 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)
Cityp~l~jrginia Beach, a municipal corporation
j ..... . .. - '
2 Ustall
relationship wi
i~tlf
t have a parent-subsidiary' or affiliated businessentity2
licanl: (Attach list if necessary)
o Check here if the applicant is NOT a corporation. partnership, firm, business.
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
porated organization, complete the following:
the property owner name followed bY the names of all officers, members,
trustees, partners. etc. below; (Attach list if necessary)
fJ!A-
2, list all businesses that have a parent-SUbsidiary' or affiliated business entity:!
relationship with the applicant: (Attach list if necessary)
(v IIt--
r
o Check here if the property owner is NOT a corporation. partnership. firm,
business. or other unincorporated organization,
I 3. 2 See next page for footnotes
Does an officiator employee of the City of Virginia Beach have an interest
subject land? Yes _^_ No
If yes, what is the name of the official or employee and the nature of their interest?
Sirool Ck""""
11
CITY OF VIRGINIA BEACH
Agenda Item 5
Page 7
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
list aU knownoontractors or businesses that have or will provide services with respect
toJherequested property use, including but not Hmited to the providers of architecmral
services, real estate services, flnanci81 services, accounting services, and legal
seMces: (Attach U ssary)
i\J
1 'Parent-subsidiary relationship" means -a relatlonshiplhatexists when one
corporation directly or indirectly owns shares possessing more than SO. percent of the voting
power of another corporation: See State and Local GovemmF,int Conflict of Interests Act, Va.
Code i 2.2-3101.
2 "Affiliated business entity relationship' means "a relationship, other!.han pamnt-
subsidiary relationship, that exists when (i) one business entity has a eontrolling 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 red management or control between the business
entitles. Factors that should be in determining !.he existence of an affiliated
business entity relationship include same person or substantially the same person
own or manage the two entilies; Ihere are common or commingled funds or assets; the
bt.Isiness entities share the use of the same offices or employees or otherwise share activities.
re$()UfC(t$ or personnel on a regular basis; or there is otherwise a close working relationship
between the entities: See State and LocalGovemment Conflict of Interests Act. Va. Code S
2.2-3101.
CERTIFICATION: I (;(lrtify that the informatlon COl"ltl1il'!9d herein is true and accurate
I under:f;tand that upon receipt of flotlficatioo (poslcardl tI1al the application has been scheduled for
pubm; hearing, t am responsible for obtaining and postlng the required sign on the subject property at
least30dayil prlqrtothe SCheduled public heanng according to the instructlon$ln thi$ package. The
undersiQnedalsoconsentsto entry upon the subject property by employees of the Oepartment of
PlanniJlQ toph~h$nd view the site for purposes of processing and evaluating \hismpp!icanon.
~
James K. Spore
Print Name
Signature
tV If.;'
!
Property ()woer's SlgmiltUAl (if diff6rent than applicant)
NJA
Print Name
Stnlel. Claw/(! AWfit$llOfI
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CITY OF VI~GINIA BEACH
Agenda Item 5
Page 8
EXHIBIT IIAII
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LANDMARK
DESIGN GROUP
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Landscape An:hIb!cIs . fnvirClIlI\'lel daI Consultants
"
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AREA OF TERRELL AVENUE
FOR PROPOSED CLOSURE
= 9,573 SQUARE FEET
OR 0.220 ACRES
-.
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N 3472 559.73 LONX>N BADGE ROAD
E 12,199,627.19 VARIABLE WIDTH RIGHT-OF-WAY
(MB 277 PG 55)(MB 280 PG 32)
(MB 285 PG 31)(MB 286 PG 20)
(MB 287 PG 53)(MB 288 PG 54)
(MB 291 PG 50) (MB 295 PG 11)
(INST. 200310150167381)
EXHIBIT DEPICTING
PORTION OF
TERRELL AVENUE
FOR
PROPOSED STREET CLOSURE
VIRGINIA BEACH, VIRGINIA
APRIL 13, 2009 SCALE: 1 "=50'
5544 Greenwich Rood - Suite 200
Virginia Beach, VA 23462
Tel. (757) 473-2000
Fax (757) 497-7933
Email: Imdg@landmorkdg.com
4029 Ironbound Road - Suite 100
Williamsburg, VA 23188
Tel. (757) 253-2975
Fax (757) 229-0049
Email: Imdg@landmorkdg.com
DRAWN BY: LRL CHECKED BY: ESP DRAWING NO: 32373x PROJECT: 2008059-002.01
I ,
1 APPLICATION OF THE CITY OF VIRGINIA BEACH
2 FOR THE CLOSURE OF A PORTION OF TERRELL
3 AVENUE EAST OF LONDON BRIDGE ROAD.
4
5 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council
6 of the City of Virginia Beach, Virginia, to have the hereinafter described unimproved
7 right-of-way discontinued, closed, and vacated; and
8
9 WHEREAS, it is the judgment of the Council that said right-of-way be
10 discontinued, closed, and vacated, subject to certain conditions having been met on or
11 before one (1) year from City Council's adoption of this Ordinance;
12
13 , NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
14 Virginia Beach, Virginia:
15
16 SECTION I
17
18 That the hereinafter described right-of-way be discontinued, closed and
19 vacated, subject to certain conditions being met on or before one (1) year from City
20 Council's adoption of this ordinance:
21
22 All that certain piece or parcel of land situate, lying and being
23 in the City of Virginia Beach, Virginia, designated and
24 described as "AREA OF TERRELL AVENUE FOR
25 PROPOSED CLOSURE = 9,573 SQUARE FEET OR 0.220
26 ACRES" shown as the cross-hatched area on that certain
27 plat entitled: "EXHIBIT DEPICTING PORTION OF
28 TERRELL AVENUE FOR PROPOSED STREET CLOSURE
29 VIRGINIA BEACH, VIRGINIA" Scale 1 "=50', dated April 13,
30 2009, prepared by LandMark Design Group, a copy of which
31 is attached hereto as Exhibit A.
32
33 SECTION II
34
35 The following conditions must be met on or before one (1) year from City
36 Council's adoption of this ordinance:
37
38 GPIN(S): 1497-92-6671-0000; 1497-92-7641-0000; 1497-92-8462-0000; 1497-92-7475-
39 0000; 1497-92-7402-0000; 1497-92-6453-0000
40
1
.,1
41 1. The City Attorney's Office will make the final determination regarding
42 ownership of the underlying fee. The purchase price to be paid to the City is normally
43 determined according to the "Policy Regarding Purchase of City's Interest in Streets
44 Pursuant to Street Closures," approved by City Council. Copies of the policy are
45 available in the Planning Department. No purchase price shall be charged in this street
46 closure, however, because the City is both the owner of the underlying fee and the
47 applicant seeking this street closure.
48
49 2. The applicant shall resubdivide the property and vacate internal lot lines to
50 incorporate the closed area into the adjoining parcels. The plat must be submitted and
51 approved for recordation prior to final street closure approval.
52
53 3. The applicant shall verify that no private utilities exist within the right-of
54 way proposed for closure. If private utilities do exist, easements satisfactory to the utility
55 company must be provided.
56
57 4. Closure of the right-of-way shall be contingent upon compliance with the
58 above stated conditions within 365 days of approval by City Council. If the conditions
59 noted above are not accomplished and the final plat is not approved within one year of
60 the City Council vote to close the right-of-way this approval shall be considered null and
61 void.
62
63 SECTION III
64
65 1. If the preceding conditions are not fulfilled on or before May 25, 2010,
66 this Ordinance will be deemed null and void without further action by the City Council.
67
68 2. If all conditions are met on or before May 25, 2010, the date of final
69 closure is the date the street closure ordinance is recorded by the City Attorney.
70
71 3. In the event the City of Virginia Beach has any interest in the
72 underlying fee, the City Manager or his designee is authorized to execute whatever
73 documents, if any, that may be requested to convey such interest, provided said
74 documents are approved by the City Attorney's Office.
75
76 SECTION IV
77
78 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
79 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
80 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee."
81
82 Adopted by the Council of the City of Virginia Beach, Virginia, on this
83 day of , 2009.
2
I ,
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May 14, 2009
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APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Lu{l(~ q. t'~h1J{;ow
City Attorney
3
CAVALIER GOLF AND YACHT CLUB
M"~~~ ~-t06le Cavalier Golf & Yacht Club
~\"0~~~~&~~~\:'~\~~~ ~~
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Street Closure
Relevant Information:
· Lynnhaven District
· This same request was approved on May 23, 2000 by the City
Council.
· The applicant, however, failed to record an ordinance and re-
subdivision plat in the allotted time frame, and is now requesting
approval again.
· The portion of the roadway requested for closure serves as the sole
entrance to the Cavalier Yacht and Country Club. No other properties
are served by this roadway.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
II I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Application of Cavalier Golf & Yacht Club for the closure of a portion of
Cardinal Road from the north side of Starling Court to its terminus.
DISTRICT 5 - L YNNHAVEN.
MEETING DATE: May 26, 2009
. Background:
Cavalier Golf & Yacht Club (the "Applicant") requests the discontinuance,
closure, and abandonment of a portion of Cardinal Road, beginning at the
northern boundary of Starling Court and running northwesterly to its terminus.
This same request was approved on May 23, 2000 by the City Council. The
applicant, however, failed to record a re-subdivision plat in the allotted time frame
and is now requesting approval again.
. Considerations:
The portion of the roadway requested for closure serves as the sole entrance to
the Cavalier Yacht and Country Club. No other properties are served by this
roadway. While the roadway physically appears to be a continuously paved right-
of-way extending from Starling Court to the primary clubhouse building, only a
portion of the paved roadway is a platted right-of-way; the remainder of the
paved section is a private roadway developed by the Cavalier Yacht and Country
Club. A portion of the platted right-way is undeveloped and extends into a fairway
of the country club's golf course.
The area surrounding the right-of-way is improved with various amenities of the
Cavalier Golf and Yacht Club including tennis and swimming facilities, a golf
course, and putting green. Beyond the applicant's property is the residential
community commonly known as Birdneck Point. All of the property in the area is
zoned R-40 Residential District.
The Viewers have determined closure and abandonment of a portion of the right-
of-way will not result in a public inconvenience; therefore, they recommend
closure of the right-of-way. The proposed street closure is recommended for
approval with the conditions below.
I I
Cavalier Golf & Yacht Club
Page 2 of 2
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0 to approve this request with the following
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 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. The applicant shall either dedicate an easement for the existing water
line and sanitary sewer line located within the right-of-way proposed for
closure, subject to the approval of the Department of Public Utilities and the
City Attorney's Office, which easement shall include a reasonable right of
ingress and egress, or the applicant shall relocate the taps and connections
associated with the existing water line and sanitary sewer line, subject to the
approval of the Department of Public Utilities.
4. The applicant shall verify that no private utilities exist within the right of
way proposed for closure. Preliminary comments from the utility companies
indicate that there is a gas line that runs along a portion of the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to the
utility company 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 Department/Agency: Planning Department_._.
City Manager~ \t...., ~ ~
.il
1 APPLICATION OF CAVALIER GOLF & YACHT
2 CLUB FOR THE CLOSURE OF A PORTION OF
3 CARDINAL ROAD FROM THE NORTH SIDE OF
4 STARLING COURT TO ITS TERMINUS.
5
6 WHEREAS, Cavalier Golf & Yacht Club (the "Applicant") applied to the
7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-
8 way discontinued, closed, and vacated; and
9
10 WHEREAS, it is. the judgment of the Council that said right-of-way be
11 discontinued, closed, and vacated, subject to certain conditions having been met on or
12 before one (1) year from City Council's adoption of this Ordinance;
13
14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
15 Virginia Beach, Virginia:
16
17 SECTION I
18
19 That the hereinafter described right-of-way be discontinued, closed and
20 vacated, subject to certain conditions being met on or before one (1) year from City
21 Council's adoption of this ordinance:
22
23 All that certain piece or parcel of land situate, lying and being
24 in the City of Virginia Beach, Virginia, designated and
25 described as "INDICATES 77,649.5 sa. FT. PARCEL
26 KNOWN AS A PORTION OF CARDINAL ROAD TO BE
27 CLOSED" shown as the cross-hatched area on that certain
28 plat entitled: "PLAT SHOWING PORTION OF CARDINAL
29 ROAD TO BE CLOSED BY THE CITY OF VIRGINIA
30 BEACH VIRGINIA BEACH, VIRGINIA" Scale 1 "=1 00', dated
31 December 19, 2008, prepared by Gallup Surveyors &
32 Engineers, LTD., a copy of which is attached hereto as
33 Exhibit A.
34
35 SECTION II
36
37 The following conditions must be met on or before one (1) year from City
38 Council's adoption of this ordinance:
39
40 GPIN: 2418-24-6584-0000
41
1
42 1. The City Attorney's Office will make the final determination regarding
43 ownership of the underlying fee. The purchase price to be paid to the City shall be
44 determined according to the "Policy Regarding Purchase of City's Interest in Streets
45 Pursuant to Street Closures," approved by City Council. Copies of the policy are
46 available in the Planning Department.
47
48 2. The applicant shall resubdivide the property and vacate internal lot
49 lines to incorporate the closed area into the adjoining parcels. The plat must be
50 submitted and approved for recordation prior to final street closure approval.
51
52 3. The applicant shall either dedicate an easement for the existing water
53 line and sanitary sewer line located within the right-of-way proposed for closure, subject
54 to the approval of the Department of Public Utilities and the City Attorney's Office, which
55 easement shall include a reasonable right of ingress and egress, or the applicant shall
56 relocate the taps and connections associated with the existing water line and sanitary
57 sewer line, subject to the approval of the Department of Public Utilities.
58
59 4. The applicant shall verify that no private utilities exist within the right of
60 way proposed for closure. Preliminary comments from the utility companies indicate that
61 there is a gas line that runs along a portion of the right-of-way proposed for closure. If
62 private utilities do exist, easements satisfactory to the utility companies must be
63 provided.
64
65 5. Closure of the right-of-way shall be contingent upon compliance with
66 the above stated conditions within 365 days of approval by City Council. If the
67 conditions noted above are not accomplished and the final plat is not approved within
68 one year of the City Council vote to close the right-of-way, this approval shall be
69 considered null and void.
70
71 SECTION III
72
73 1. If the preceding conditions are not fulfilled on or before May 25, 2010,
74 this Ordinance will be deemed null and void without further action by the City Council.
75
76 2. If all conditions are met on or before May 25, 2010, the date of final
77 closure is the date the street closure ordinance is recorded by the City Attorney.
78
79 3. In the event the City of Virginia Beach has any interest in the
80 underlying fee, the City Manager or his designee is authorized to execute whatever
81 documents, if any, that may be requested to convey such interest, provided said
82 documents are approved by the City Attorney's Office.
83
84 SECTION IV
85
2
,II
86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
88 OF VIRGINIA BEACH as "Grantor" and CAVALIER GOLF & YACHT CLUB, as
89 "Grantee."
90 Adopted by the Council of the City of Virginia Beach, Virginia, on this
91 day of , 2009.
92
93 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-
94 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA10997
\wbgov .com\dfs 1 \applications\citylawprod\cycom32\ Wpdocs\DOO7\P005\OOO 11889.DOC
R-1
May 7, 2009
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
lJJ{ftl j r} tihiflOtN
City Attorney
3
I ,
#8
April 8, 2009 Public Hearing
APPLICANT I PROPERTY OWNER:
CAVALIER GOLF
AND YACHT CLUB
STAFF PLANNER: Faith Christie
REQUEST:
Discontinuance. closure and abandonment of a portion of Cardinal Road, beginning at the northern boundary
of Starling Court and running northwesterly to its terminus
ADDRESS I DESCRIPTION: Property located north of Starling Court and North Oriole Drive
ADJACENT GPIN:
24182465840000
. ELECTION DISTRICT:
LYNNHAVEN
SITE SIZE: AICUZ:
77,649.5 square feet 65-70 dB DNL
SUMMARY OF REQUEST
The applicant requests the discontinuance, closure and
abandonment of a portion of Cardinal Road, beginning at the northern boundary of Starling Court and
running northwesterly to its terminus. This same request was approved on May 23, 2000 by the City
Council. The applicant, however, failed to record an ordinance and re-subdivision plat in the allotted time
frame, and is now requesting approval again. The portion of the roadway requested for closure serves as
the sole entrance to the Cavalier Yacht and Country Club. No other properties are served by this
roadway. While the roadway physically appears to be a continuously paved right-of-way extending from
Starling Court to the primary clubhouse building, only a portion of the paved roadway is a platted right-of-
way, the remainder of the paved section is a private roadway developed by the Cavalier Yacht and
Country Club. A portion of the platted right-way is undeveloped and extends into a fairway of the country
club's golf course.
The area surrounding the right-of-way is improved with various amenities of the Cavalier Golf and Yacht
Club including tennis and swimming facilities, a golf course, and putting green. Beyond the applicant's
CAVALIER GOLF AND YACHT CLUB
Agenda Item 8
Page 1
'I I
property is the residential community commonly known as Birdneck Point. All of the property in the area is
zoned R-40 Residential District.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The Cavalier Golf and Yacht Club clubhouse, pool, tennis courts, marina,
maintenance facility, a proposed communication tower, putting green and golf course.
SURROUNDING LAND
USE AND ZONING:
North:
South:
. The Cavalier Golf and Yacht Club Clubhouse I R-40 Residential
. Oriole Drive
. Across Oriole Drive are single-family dwellings and a portion of
the Cavalier Golf and Yacht Club golf course I R-40 Residential
. The Cavalier Golf and Yacht Club marina I R-40 Residential
. The Cavalier Golf and Yacht Club pool and tennis courts I R-40
Residential
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The existing subdivision and golf course were platted and recorded in
the County Clerk's office in June 1926, with the golf club opening in
1930. Mature landscaping and trees exist on the site. The site is within
the Resource Protection and Resource Management areas of the
Chesapeake Bay Preservation Area.
IMPACT ON CITY SERVICES
WATER and SEWER: There is an existing water line and sanitary sewer line located within the right-of-way
proposed for closure. The applicant must provide an easement for these public facilities or make
arrangements for the relocation of taps and connections in a manner satisfactory to the Department of Public
Utilities.
PRIVATE UTILlTES: Virginia Natural Gas has a 4-inch steel gas line that runs along the west side of Cardinal
Road to serve the clubhouse. An easement to protect the line will be required during detailed plat review.
CITY ATTORNEY: If any portion of Cardinal Road to be closed has been improved for public use a super
majority vote of the City Council will be required.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
CAVALIER GOLF AND YACHT CLUB
Agenda Item 8
Page 2
I I
Comprehensive Plan:
The Comprehensive Plan Map designates this area as part of the Primary Residential Area. The Plan
states that the objective of the Primary Residential Area is to protect the predominately suburban
character that is defined by the stable neighborhoods of the 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. Limited
commercial or institutional activities providing desired goods or services to residential neighborhoods are
considered acceptable uses provided effective measures are taken to ensure compatibility and non-
proliferation of such activities.
Evaluation:
The Viewers have determined closure and abandonment of a portion of the right-of-way will not result in a
public inconvenience; 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
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 areC!
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If
private utilities do exist, easements satisfactory to the utility company must be provided.
4. 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.
CAVALIER GOL.F AND YACHT CLUB
Agenda Item 8
Page 3
'I I
AERIAL OF SITE LOCATION
CAVALIER GOLF AND YACHT CLUB
Agenda Item 8
Page 4
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. Agenda \tetn 8
page 5
Map K-S Cavalier Golf & Yacht Club
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Street Closure
The existing subdivision and golf course were platted and recorded in the County Clerk's Office in June
1926, with the golf club opening in 1930. The following actions have been approved for the site:
. 4/8/08 - Conditional Use Permit (Communication Tower) - approved
. 7/10/07 - Conditional Use Permit (Golf Course Maintenance Facility) - Denied
. 5/23/00 - Street Closure - Approved
. 1/28/97 - Conditional Use Permit (Tennis Courts and Parking) - Approved
. 1/23/96 - Conditional Use Permit (Golf Course - Expansion of Clubhouse) - Approved
. 1/8/91 - Conditional Use Permit (Floating Dock) - Approved
. 3/14/88 - Conditional Use Permit (Marina Expansion) - Approved
. 1/13/69 - Conditional Use Permit (Dining Facilities) - Approved
ZONING HISTORY
CAVALIER GOLF AND YACHT CLUB
Agenda Item 8
Page 6
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DISCLOSURE ST A TEMEN
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm,. business. or oHler unincorporated
organization. complete the following,
1 Ust the applicant name followed by the names of officers. members, trustees,
pjiftners, etc. below: (Attach list if necessary)
,
<,,'
,..cavalier Golf & Yacht Club
List of Officers attach€d
2. List all businesses that have a parent-subsidiary' or affiliated business entity"
relationship witn the applicant: (Attach list jf necessaf}'1
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization,
PROPERTY OWNER DISCLOSURE
Complete this section only 'fproperty owner is different from app1Jcant,
Iflfie property owner is a corporation, partnership. film, busmess, or other
lInirn:orporated organization, complete ttle following.
1 List ttle property owner name followed by the names of all offiGers, memberS,
trustees, partners. etc. below: (Attach list if necessary)
2. Ust all businesses that have a parent-subsidiary 1 or affiliated business entiti'
relationship with the applicant: (Attact1l!st if necessary)
o Check Mre jf the property owner is NOT a corporation partnership,firm,
business, or other unincorporated organization.
! & " See nexl page for footnotes
Does an offiCial or employee of the City of Virginia BeaCh have an interest in the
subjectland? Yes _ No 2-
If yes, what is the name of the official or employee and the nature of their mterest?
St!{}t~t Cioa.uaJ Applwd~,nn
Page: 1n of 1-i
R~\llt$t<C ,'J.:!]'!
DISCLOSURE 51 A 1EMENT
CAVALIER GOL.F ANIDYACHT CLUB
Agenda Item 8
Page 7
RE STATEMENT
....." ~ '., . "^__'~'~_>C""""'W'W "_,_"""w,.""",' '.""'-"')'''''"'iJ'"''''....'<.v
ADDiTIONAL DISCLOSURES
Ust all l<nG\"n contractors or businesses that have Cf Vil!: SBri,ces with res~::t
to the property use lIicluding but not IimltsG to t;,fJ providers of a:::r'litecturai
services, raal estatecer,f~ces, financial Ser\dCeS S8rv:ces and legsl
s~ices: (Attach list if
/"""
; 'Parent-subsidiary relationshlp" means "'a relationship that eXIsts when one
corporation directly or indwectly owns shares possessing more than 50 percent of the voting
power of another corporation.' See State and Local Government Confhct of Interests Act. Va
Code S 2.2-3101.
1 "Affiliated business enMy relanonshljf means "a relationship, other tl1an parent-
subSidiary relationship, that exists when {if one business entitj has a oootroll\og o'Nflership
interest In the other ousiness entity. (ii) a controlling O\ynar in ono entity is also a controlhng
owner in the other entity, or (iil; there is shared management or control between the business
entities Factors that should be considered in determining the existence of ar, affiliated
busineoo entity relationship indude that the same person or substantiaEy U-:o same person
own or manage thelwe enblies there are common Of commingled funds or assets, the
business antllies share the use or the sarne offices or employees or otherwise share actIVIties,
resources or persoonel en a regular basis; or there 1$ otherv,llse a clos<, vIOf'King relat:cnship
between the entitles SO$ State and Local Government Conflict of Interests Act, Va. Code S
2,2-31Ql
CERTIFICATION: I c&r;]fv that the :nfdmiation contained hemin ,s true and i'M'Lurate
I understand H1B!. upon receipt of r\c,tiflca!ion (postcard) that the applir......llicr has been schccuicd for
public heann!], I am resPQrr:iIDli'! fur ol:ttemlng and posting the required sign on the sub/eel property a!
least 30 days prior to the schcc'ukd p\Jpt,(,' hOl.lttflg a~ordi(1G to the ln~lructlons in thiS package. The
u,derslgned also consents to entry upon the subject property by emplc.yees of the Departrnilnt of
PlaOflingto photograph and VlCW Ihe s;t;~ for purposes of process;ng and evalulilting this application.
C AVf\tIER OOf.F [" Yl,CBT cum
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Prir,t Name
rref'ligOllt
Property Owner's Signature \If different thar. applicant)
prh;t Name
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DISCLOSURE STATEMENT
CAVALIER GOLF ANDYACHT CLUB
Agenda Item 8
Page 8
I I
Pn:s~J-;:n1 l':L.lj~.k~r" \\ die
"1,1.: President u! Of'cr;H")n~' Ken JOhlhOL
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\ -il';: Pre;;l(lt~nl of ,-\dmmWfatull1 . Tom
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Gihnore
Sccr(~tm) - W;lcy Mm::hcH
DISCLOSURE STATEMENT
CAVALIER GOL.F AND YACHT CL.UB
Agenda Item 8
Page 9
II
Item #8
Cavalier Golf & Yacht Club
Discontinuance, closure and abandonment of a portion of
Cardinal Road on the north side of Starling Court
District 5
Lynnhaven
April 8, 2009
CONSENT
Joseph Strange: The next item is item 8, an application of Cavalier Golf & Yacht Club for a
discontinuance, closure and abandonment of a portion of Cardinal Road on the north side of
Starling Court, District 5, Lynnhaven, with four (4) conditions.
David Miller: I'm Dave Miller representing the applicant, and the applicant accepts the
conditions imposed by Planning.
Joseph Strange: Okay. Thank you very much. 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: This is an application by the applicant and the property owner, Cavalier Golf
and Yacht Club, which is requesting a discontinuance, closure and abandonment of a portion
of Cardinal Road to the northern boundary of Starling Court and running northwesterly to its
terminus. This request was approved on May 23, 2000 by the City Council. The applicant,
however, failed to record the ordinance and resubdivision plat in the allotted time, and now is
requesting approval again. We saw no problem in putting this on the consent agenda since it
had already been approved, and that is why we have it on the consent agenda.
Joseph Strange: Okay. Thank you Kathy. Madame Chairm~ I will make a motion to
approve agenda item 8.
Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias.
AYE 10 NAY 0 ABSO
ANDERSON AYE,
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KATSIAS AYlJ:
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent.
. B"RB.1."B1.T "1\"
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ELLIS-GIBSON
Relevant Information:
· Princess Anne District
· The applicant requests a Use Permit for a Green Market.
· Only vendors that fall under the "organic", "all natural" and "health
and wellness" categories will be permitted to lease space at the Red
Mill Green Market.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
· There was no opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ELLIS-GIBSON DEVELOPMENT GROUP I LAKE GEM II, LLC, Conditional
Use Permit, seasonal outdoor 'green' market, 2181 Upton Drive. PRINCESS
ANNE.
MEETING DATE: May 26,2009
. Background:
The applicant requests a Conditional Use Permit to allow use of a portion of the
parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk shopping
centers) for an outdoor market place. This "green market" is a non-profit
organization that is dedicated to providing a place in this area for residents and
visitors that encourages people to eat locally grown or produced foods and
promotes the local economy by connecting local sources to the public.
. Considerations:
Only vendors that fall under the "organic", "all natural" and "health and wellness"
categories will be permitted to lease space at the Red Mill Green Market. Some
examples of what vendors will be selling are regular and organic fruit and
vegetables, all-natural meat products, home-grown flowers, home-baked goods
and pastries, local seafood, clams, and oysters, homemade cookies, Virginia
wine, organic herbs, and similar natural items. Non-profit organizations such as
the SPCA may have a booth, as well as health and wellness organizations.
The applicant has set strict regulations, which they will monitor, for the tenants
that will occupy the site seasonally. This type of outdoor market will provide an
additional amenity to the residents of this area, as well as an attraction for
visitors. The conditions below will ensure the continued success of the market
while maintaining its compatibility with the surrounding area.
The market will operate from 8:00 a.m. until 1 :00 p.m., each Saturday from
Memorial Day weekend to the last Saturday in September.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0 to approve this request with the following
conditions:
I I
ELLIS-GIBSON DEVELOPMENT GROUP I LAKE GEM II, LLC
Page 2 of 2
1. The activities of the Green Market shall occur in the area of the parking lot on
the southern side of the retail strip designated as D8E-1.
2. Operation of the market shall occur only once per week, on Saturday,
between 8:00 a.m. until 1 :OOp.m., during the period between the traditional
Memorial Day weekend and the last Saturday in September.
3. Trash and recycling receptacles shall be located at the entrances to the
market. The site shall be cleared of trash at the conclusion of each market
day, and all receptacles shall be removed and contents properly disposed of
at the end of each market day.
4. Parking for the market shall occur in the parking area at the east side of the
retail strip as allowed by agreement between the applicant and those property
owners.
5. The market shall be only for the sale of local agricultural, seafood, and related
organic food products, and hand-made craft items. Pet-friendly businesses,
non-profit organizations, and health & wellness experts may also operate
within the market area.
6. The Zoning Administrator shall review this Use Permit on an annual basis to
determine if there have been any issues during the prior season of operation
that negatively impact on the compatibility of the use with the surrounding
area to the extent that a re-evaluation of the Use Permit is necessary. If so,
the Use Permit shall be re-evaluated by Planning Department staff, who shall
recommend appropriate action to the Planning Commission and City Council.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department /\ h [
City Manager: l ~ lYr( r
II
#8
May 13,2009 Public Hearing
APPLICANT AND PROPERTY
OWNER:
ELLIS-GIBSON
DEVELOPMENT
GROUP
STAFF PLANNER: Karen Prochilo
REQUEST:
Conditional Use Permit (Green Market or Flea Market)
ADDRESS I DESCRIPTION: Property located 2181 Upton Drive.
GPIN:
24142499220000
ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
Total site: 4.75 acres
Lease site: 27,500 SF
AICUZ:
65 dB to 70 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow use
of a portion of the parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk) for an outdoor
market place. This "green market" is a non-profit organization that is dedicated to providing a place in this
area for residents and visitors that encourages people to eat locally grown or produced foods and
promotes the local economy by connecting local sources to the public.
Only vendors that fall under the "organic", "all natural" and "health and wellness" categories will be
permitted to lease space at the Red Mill Green Market. Some examples of what vendors will be selling
are regular and organic fruit and vegetables, all-natural meat products, home-grown flowers, home-baked
goods and pastries, local seafood, clams, and oysters, homemade cookies, Virginia wine, organic herbs,
and similar natural items. Non-profit organizations such as the SPCA may have a booth, as well as health
and wellness organizations.
The market will operate from 8:00 a.m. until 1 :00 p.m., each Saturday from Memorial Day weekend to the
last Saturday in September.
ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 1
I I
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Retail center and associated parking lot.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Retail shops and parking / B-2 Community Business District
· Retail shops and parking / B-2 Community Business District
· Retail shops and parking / B-2 Community Business District
· Retail shops and parking / B-2 Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is mostly impervious with pavement and a retail strip center.
There are no known significant natural resources or cultural features
located on the site.
IMPACT ON CITY SERVICES
WATER and SEWER: Site is connected to the City water and sewer systems.
FIRE: No Fire Department comments at this time.
Permits and Inspections: Requirements as defined by the Virginia USBC and the 2006 International Building
Code.
· If flame spread information does not exist for the fabric of the tenants' tents, grouping of tents cannot
exceed 900 square feet.
· Each group of tents shall have a minimum of 20 feet separation distance between them in order to
comply with the requirements of Section 2403.8.2 of the International Fire Code, 2006.
· Any modification to the existing electrical service shall require proper permits prior to market operation.
· The use of extension cords for any tenant needing electrical power shall be approved by the Fire
Department per Section 605 of the International Fire Code, 2006.
· Minimum restroom fixture requirements would permit separate sexed, ADA-compliant portable
restrooms to be used for the 4-hour period of this market.
HEALTH DEPARTMENT: Coordinate market activities with Virginia Department of Agriculture and
Consumer Services prior to market opening.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as part of the Primary Residential Area. Proposed
development within the Primary Residential Area should focus strongly on preserving and protecting the
overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area.
ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 2
I I
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal is compatible with the adjacent businesses.
Evaluation:
The applicant is proposing to manage a green market in an existing parking lot of a large commercial
complex. The applicant has set strict regulations, which they will monitor, for the tenants that will occupy
the site seasonally. This type of outdoor market will provide an additional amenity to the residents of this
area, as well as an attraction for visitors. The conditions below will ensure the continued success of the
market while maintaining its compatibility with the surrounding area.
Staff, therefore, recommends approval of the request with the conditions below.
CONDITIONS
1. The activities of the Green Market shall occur in the area of the parking lot on the southern side of the
retail strip designated as D8E-1.
2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until
1 :OOp.m., during the period between the traditional Memorial Day weekend and the last Saturday in
September.
3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be
cleared of trash at the conclusion of each market day, and all receptacles shall be removed and
contents properly disposed of at the end of each market day.
4. Parking for the market shall occur in the parking area at the east side of the retail strip as allowed by
agreement between the applicant and those property owners.
5. The market shall not sell 'hard qood' type of item other than those indicated. The market shall be only
for the sale of local agricultural, seafood, and related organic food products, pet-friendly businesses,
non-profit organizations and health & wellness experts.
6. The Zoning Administrator shall review this Use Permit on an annual basis to determine if there have
been any issues during the prior season of operation that negatively impact on the compatibility of the
use with the surrounding area to the extent that a re-evaluation of the Use Permit is necessary. If so,
the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate
action to the Planning Commission and City Council.
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.
ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 3
I I
ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 4
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Agenda Item 8
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ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 6
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GUP for Green Market (Flea Market)
1 08/12/08 Modification of Conditions Granted
08/05/03 Conditional Use Permit (Bulk storaoe) Granted
12/05/00 Conditional Use Permit (automobile service station) Granted
01/13/64 Conditional Use Permit (Racetrack) Granted
11/12/63 Rezoning Residential Agricultural Limited Commercial
to Limited Commercial Granted
2 03/25/03 Conditional Rezonino B-2 to B-2 & A-18 Granted
3 12/11/01 Conditional Rezonina B-2 to A-12 Granted
4 11/14/95 Conditional Use Permit (automobile service station) Granted
09/25/90 Conditional Use Permit (fuel sales & car wash) Granted
ZONING HISTORY
ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 7
I ;
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, flfrn business, or other unm<:orporated
orgamzation complete the following:
1. Ust the applicant name followed by the names of all officers members. trustees,
partners, ete, below: (Attach list if necessary)
Lake GEM II lLC - Eric Anderson Lucy Reasor
2, List all businesses that have a parent-subsidiari or affiliated bUSiness entity:
relationship with the applicant: (Attach list if necessary)
NfA
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, me~mbers,
trustees, partners, etc, below: (Attach list if necessary)
NIA
2, List all businesses that have a parent-subsldiari or affiliated business, entity2
relationship with the applicant: (Attach list if necessary)
NiA
o Check here if the property owner is NOT a corporation partnership firm,
business, or other unincorporated organization,
1 & Z See next page for footnol~-"
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?
CO{1(:htilJra:~ U$~ P€f?'nit ApphcatJor
Page \I d 10
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Agenda Item 8
Page 8
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DISCLOSURE S
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)
~'t.
"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 (t) 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 S
22-3101,
CERTIFICATION: ! certify that the information contained herein IS true and accurate
I understand that upon receipt of natrlcatlon ! postcard) that the apphcaHon has been scheduled for
public hearing I am responsible for obtaining and postmg 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
Planning to photograph and view the site for purposes of processmg and evaluatmg thiS applicetion
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ELLIS-GIBSON DEVELOPMENT GROUP
Agenda Item 8
Page 9
I I
Item #8
Ellis-Gibson Development Group /Gem II, L.L.c.
Conditional Use Permit
2181 Upton Drive
District 7
Princess Anne
May 13, 2009
CONSENT
Joseph Strange: The next matter is agenda item 8. An application of Ellis-Gibson Development
Group/Lake Gem II, L.L.c. for a Conditional Use Permit for a seasonal outdoor green market on
property located at 2181 Upton Drive, District 7, Princess Anne, with six c:onditions.
Mike Culpepper: Good afternoon. Members of the Planning Commission, I'm Mike Culpepper,
counsel for the applicant in this case. The conditions are acceptable with one exception, which is
number 5, which pertains to the prohibition for the sale of hard goods for this particular green
market. We ask that you delete this particular restriction so that we can sell hard goods at the
green market.
Janice Anderson: Mike? The hard goods they were referring to are like radios. Things like that.
We're not discouraging crafts.
Mike Culpepper: Okay.
Janice Anderson: Okay.
Mike Culpepper: Well, the items that we wanted to make sure that we could sell would include
crafts and handmade items like baskets.
Janice Anderson: Right.
Mike Culpepper: Artisan type materials.
Janice Anderson: Those are not under our definition of hard goods. What we're trying to do is
that it doesn't turn out to be a store outside, which all your merchandise. It is crafts, organic
foods, and things like that.
Mike Culpepper: Collective gifts and things of that nature would be permitted?
Stephen White: Yes. We don't want it to turn into a flea market is what we're after. We don't
want radios. We don't want people bringing in their used items from home, that kind of thing.
As long as it is related to a green market and a farmer's market kind of activity, I think the
Zoning Administrator will be okay with it. But the crafts and the hard goods must not be the sole
item being sold. It must not overwhelm the produce and other items.
Item #8
Ellis-Gibson Development Group/Gem II, L.L.C.
Page 2
Mike Culpepper: We will primarily feature organic foods and related items but provided we can
still sell crafts.
Janice Anderson: Crafts. We didn't just want to turn it into a flea market.
Mike Culpepper: Understood.
Janice Anderson: Okay.
Mike Culpepper: We agree.
Janice Anderson: We are all I agreement with it. Thanks.
Mike Culpepper: Thank you very much.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The
Chair has asked Al Henley to review this item.
Al Henley: Thank you Mr. Strange. The applicant requests a Conditional Use Permit to allow
use of a portion of the parking lot at 2181 Upton Drive (Red Mill Commons and Red Mill Walk)
for an outdoor market place. This "green market" is a non-profit organization that is dedicated to
providing a place in this are for residents and visitors that encourage propel to eat locally grown
or produced foods and promotes the local economy by connecting local sources to the public.
Only vendors that fall under the "organic", and "all natural", and "health and wellness"
categories will be permitted to lease space at the Red Mill Green Market. Some examples of
what vendors will be selling are regular and organic fruit and vegetables, all-natural; meat
products, home-grown flowers, home-baked goods and pastries, local seafood, clams, and
oysters, homemade cookies, Virginia wine, organic herbs and similar natural items. Non-profit
organizations such as SCP A may have a booth, as well as health and wellness organizations.
The market will operate from 8 :00 a.m., until 1 :00 p.m., each Saturday from Memorial Day
weekend to the last Sunday in September. Staff has recommended approval of this application.
Therefore, the Planning Commission has placed this item on the consent agenda. Thank you.
Joseph Strange: Thank you AI. Madame Chair, I have a motion to approve item 6.
Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by
Don Horsley.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE
HENLEY AYE
HORSLEY AYE
ABSENT 1
ABSENT
I I
Item #8
Ellis-Gibson Development Group/Gem II, L.L.c.
Page 3
KA TSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 6 for consent.
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Relevant Information:
· Princess Anne District
Evaluation and Recommendation:
· This application must be deferred as the lease agreement with the
City is not yet final.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: NEW CINGULAR WIRELESS PCS, LLC (T/A AT&T), CONDITIONAL USE
PERMIT, Communications Tower, 6009 Blackwater Road. PRINCESS ANNE
DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant is seeking a Conditional Use Permit for a communication tower to
be located on the site. Currently a 140-foot high self-supporting lattice tower is
located on the site. This tower supports the City's Emergency 911 system. The
applicant proposes to extend the height of the existing tower by four (4) feet and
install two (2) antennas. A 12-foot by 30-foot (12'x30') concrete pad will be
installed to accommodate a platform on which the equipment cabinets will sit.
. Considerations:
This item was advertised for hearing based on an assumption that the necessary
lease agreement between the applicant and the City of Virginia Beach, the
property owner, would be finalized by this time. The agreement, however, is not
yet final. .
. Recommendations:
As the lease is not yet approved and final, this item must be indefinitely deferred.
Once the lease is final, the item will be advertised for hearing.
. Attachments:
Location Map and Summary
Recommended Action: Indefinite Deferral
Submitting Department/Agency: Planning Department I~
City Manager~ lL.~ t'O'l,
I I
CHESTER AND VIVIAN TUCKER
Map L-I3
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CUP for Country Inn
Relevant Information:
· Princess Anne District
· The applicants propose to convert their home into a five (5) bedroom
country inn.
· The applicants intend to market the inn to attendees of local
equestrian events and festivals, beach vacationers, and other tourist
events and attractions.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CHESTER AND VIVIAN TUCKER, Conditional Use Permit, country inn, 1557
Sand bridge Road. PRINCESS ANNE DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant requests a Conditional Use Permit for a country inn. Specifically,
the applicants propose to convert their existing home into a five (5) bedroom inn.
None of the rooms will have their own entrance or exit to the exterior, and the
facility will function similarly to a bed and breakfast inn. The applicant intends to
market the inn to attendees of local equestrian events and festivals, beach
vacationers, and other tourist events and attractions.
. Considerations:
A shared driveway leads to an existing 600 square foot concrete parking pad,
adjacent to the house, proposed for handicap parking while the majority of the
guest parking is proposed on an existing gravel area. Portions of the site are
impacted by the 1 OO-year floodplain, and, as such, the applicant requests that
the gravel area remain gravel, in lieu of being paved. No additions to the dwelling
are proposed at this time but may be necessary to convert the home to a total of
five (5) rooms. The applicants desire to begin operating with three (3) rooms and
as business grows, possibly add two (2) more rooms.
The. applicant is providing adequate guest access and parking on the site and
has adequate area on the site to expand and upgrade the septic facilities to
accommodate the guests. Approval from the Health Department for the change
in use from a single-family dwelling to a country inn is required as upgrades to
the system may be required. Since no elevation drawings were provided
depicting the possible building addition for the two (2) future rooms, a condition of
the Use Permit is recommended below requiring that any building addition to the
existing dwelling reflect the 'charm' of the cottage and utilize the same building
materials and colors as the existing structure.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval of this request to the City Council with the following
conditions:
CHESTER AND VIVIAN TUCKER
Page 2 of 3
1. A Certificate of Occupancy for the change of use must be obtained from the
Building Official's Office prior to operating the residence as a Country Inn.
2. A Tourist Establishment Permit must be obtained from the Virginia Department of
Public Health.
3. Approval from the Health Department shall be obtained for water and sewage
disposal, as City water and sewer service are not currently provided to this site,
and any modifications to the exiting septic system shall be installed as deemed
necessary by the Health Department prior to the issuance of the final
occupancy.
4. The Country Inn is limited to no more than five (5) 'guest rooms.
5. Food service shall be limited to breakfast and a light fare menu of sandwiches,
salads, soups, fruit and cheese plates, and snacks provided only for the guests
of the inn.
6. The development of the site shall substantially adhere to the site plan entitled
"Site Plan, Lot 2, Subdivision of Portion of Property Owned by David B. Hill, Jr.,
et. al.," prepared by Gallup Surveyors & Engineers, Ltd., dated June 30, 1987,
with the exception of addition(s) to the dwelling. The site plan has been exhibited
to City Council and is on file in the Planning Department.
7. Any additions to the dwelling shall comply with the regulations of the Floodplain
Ordinance and any other City Ordinances and regulations.
8. Any additions to the dwelling shall be in substantial conformance with the
architectural design and with the same building materials and colors as the
existing residential structure and shall be submitted to the Planning Director for
review and approval prior to the issuance of a building permit.
9. Signage shall be limited to one (1) identification sign no more than nine (9)
square feet in area. There shall be no other signage in or on the windows, doors
or exterior of the building other than emergency or directional signs that may be
required by the Building Official's Office.
10. The applicant shall meet with the Fire Marshal to review the site, the building and
the site plan and implement recommended fire safety measures deemed
necessary and enforceable by the Fire Marshal for the facility.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
CHESTER AND VIVIAN TUCKER
Page 3 of 3
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Plannin~ Department ~\jj
City Manager: ~ l. ~
Map L-IJ
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REQUEST:
Conditional Use Permit (country inn)
ADDRESS I DESCRIPTION: 1557 Sand bridge Road
GPIN:
24138854670000
ELECTION DISTRICT:
PRINCESS ANNE
#5
April 8, 2009 Public Hearing
APPLICANT & PROPERTY OWNER:
CHESTER &
VIVIAN TUCKER
STAFF PLANNER: Carolyn A.K. Smith
SITE SIZE:
2.88 acres
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for a country
inn. Specifically, the applicants propose to convert their
existing home into a five (5) bedroom inn. None of the rooms will have their own entrance or exit to the
exterior, and the facility will function similarly to a bed and breakfast inn. The applicant intends to market
the inn tc? attendees of local equestrian events and festivals, beach vacationers, and other tourist events
and attractions.
A shared driveway leads to an existing 600 square foot concrete parking pad, adjacent to the house,
proposed for handicap parking while the majority of the guest parking is proposed on an existing gravel
area. Portions of the site are impacted by the 1 OO-year floodplain, and, as such, the applicant requests
that the gravel area remain gravel, in lieu of being paved. No additions to the dwelling are proposed at
this time but may be necessary to convert the home to a total of five (5) rooms. The applicants desire to
begin operating with three (3) rooms and as business grows, possibly add two (2) more rooms.
CHESTER AND VIViAN TUCKER
Agenda Item 5
Page 1
I I
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
. Single-family dwelling / AG-2 Agricultural District
. Single-family dwelling / AG-2 Agricultural District
. Sandbridge Road, Lotus Road, Atwoodtown Road
. Plant nursery / AG-2 Agricultural District
. Single-family dwelling / AG-2 Agricultural District
. Vacant / AG-1 Agricultural District
The site is located within the Southern Watersheds Management Area.
The front yard (east side of the site) and northern portions of the site are
within the 100-year floodplain. No improvements at this time are
proposed within the environmentally sensitive portion of the site. The
majority of the site is wooded.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Sandbridge
Road is two-lane minor suburban arterial roadway and is included on the MTP as a future four-lane undivided
roadway with a bikeway and scenic buffer with a 143-foot wide right-of-way section.
TRAFFIC: Street Name Present Generated Traffic
Volume Present Capacity
Sand bridge Road 10,300 ADT 13,600 ADT 1 (Level of Existing Land Use;'! - 10
Service "C") - 15,000 ADT
ADT 1 (Level of Service Proposed Land Use 3 - 55
"E") ADT
, Average Daily Trips
2 as defined by single-family dwelling
3 as defined bv countrv inn
WATER & SEWER: There is no City water or sewer service to this site. Prior to occupancy as a country inn,
Health Department approval is required.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as part of the Princess Anne Area, formerly known as the
Transition Area. Development potential is this area is purposely low as lower densities minimize impact
on public infrastructure and are in line with the intent of the Green Line and the Hampton Roads Joint
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 2
I I
Land Use Study. The Princess Anne Area is seen as the gateway to Virginia Beach's rural south and is a
mixture of open space, recreational areas, environmental conservation areas with quality housing that
serves as a transition to the northern urban area and the rural southern area.
Evaluation:
Staff concludes that the country inn will be compatible with adjacent and surrounding uses. The uses
bordering this site are single-family homes on large agricultural lots. The proposal to convert the existing
residence into a country inn with up to five (5) rooms for overnight guests will not negatively impact the
surrounding properties. The applicant is providing adequate guest access and parking on the site and has
adequate area on the site to expand and upgrade the septic facilities to accommodate the guests.
Approval from the Health Department for the change in use from a single-family dwelling to a country inn
is required as upgrades to the system may be required. The applicant has stated that their intention is to
offer three (3) rooms to guests initially and as business increases, add another two (2) rooms. As no
elevations were provided depicting a possible building addition, Staff recommends a condition that any
building addition to the existing dwelling reflects the 'charm' of the cottage and utilizes the same building
materials and colors as the existing structure.
Staff recommends approval, subject to the conditions below.
CONDITIONS
1. A Certificate of Occup.ancy for the change of use must be obtained from the Building Official's Office
prior to operating the residence as a Country Inn.
2. A Tourist Establishment Permit must be obtained from the Virginia Department of Public Health.
3. Approval from the Health Department shall be obtained for water and sewage disposal, as City water
and sewer service are not currently provided to this site, and any modifications to the exiting septic
system shall be installed as deemed necessary by the Health Department prior to the issuance of the
final occupancy.
4. The Country Inn is limited to no more than five (5) guest rooms.
5. Food service shall be limited to breakfast and a light fare menu of sandwiches, salads, soups, fruit and
cheese plates, and snacks provided only for the guests of the inn.
6. The development of the site shall substantially adhere to the site plan entitled "Site Plan, Lot 2,
Subdivision of Portion of Property Owned by David B. Hill, Jr., et. al.," prepared by Gallup Surveyors &
Engineers, Ltd., dated June 30, 1987, with the exception of addition(s) to the dwelling. The site plan
has been exhibited to City Council and is on file in the Planning Department.
7. Any additions to the dwelling shall comply with the regulations of the Floodplain Ordinance and any
other City Ordinances and regulations.
8. Any additions to the dwelling shall be in substantial conformance with the architectural design and with
the same building materials and colors as the existing residential structure and shall be submitted to
the Planning Director for review and approval prior to the issuance of a building permit.
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 3
, I
9. Signage shall be limited to one (1) identification sign no more than nine (9) square feet in area. There
shall be no other signage in or on the windows, doors or exterior of the building other than emergency
or directional signs that may be required by the Building Official's Office.
10. The applicant shall meet with the Fire Marshal to review the site, the building and the site plan and
implement recommended fire safety measures deemed necessary and enforceable by the Fire
Marshal for the facility.
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.
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 4
I ,
AERIAL OF SITE LOCATION
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 5
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant IS a corporation, partnership bUSiness or other umncorporated
organization complete the fonowll1g
1 Ust the applicant name followed by the names al! officers members trustees
partners ate, below (Attach list if necessary!
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2, llst all businesses that have a parent-subsidiary or affiliated bUSiness entity'
relationship with the applicant: (Attacfllist If necessary)
n;:r'Check here if the applicant is NOT a corporation partnership firm business or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Cornpfete 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 foltowing:
1 List the property owner name followed by the names of all officers, members
trustees partners, etc. below: (Attach list if necessaryi
____c~_~~_,_.,__~,_,____..,_____~__~~,c_~___._____.~._..._~_-_...~"'.. -_.._~,----~~-_....,----'''-".^,''~
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2, Ust all bUSinesses that have a parent-subsidiary 1 or affiliated busmess entity"
relationship With the applicant (Attach fist If fWGeSsary)
~'CheCk here if the property owner is NOT a corporation partnership firm
bUSIness, or other unincorporated organization
["."..------. ,--,
&,' See next page for foolrntes
Does an offiCial Qf of the City of Virginia Beach have an Interest In the
subject land? Yes _~._.._ No
If yes ',','hat is the name of the offiCial or employee and the nature of thEm Iflterest?
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CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 8
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DISCLOS
ADDITIONAL DISCLOSURES
List all known contractors or busInesses that have or wHl provide sl~rvlces with respect
to the requested property use, including but not Hl1'iited to t!le prOWlers of a~hitectural
services, real estate serVices, financial servtces. accounting services and legal
sSP/Ices: (Attach list If necessary)
l.?d.niZ .ilL" A yYlt'. itrd
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,____~,_._,_~~",....,_.__~_~._~._~,____<<_.~____.fi'~._~,._______,._~.___'~~..'.~__""'_'""
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, "Parent-subsIdiary relationship means "a relationsh.p tilet e Xf$t~, when one
corporation directly or Indirectly owns shares possessing more than 50 pmcent 01 1he votmg
power of another corporation," See Stale and Local Government Confhct of Interests Act Va
Gooe S 2.2.3101
I 'Affiliated bus mess entity relationship means '3 relations!up. other than parent.
subsidiary relationship that eXists when (i) one business entity has a controHing ownershIp
Interest m the other busmes$ entity, (iil a controlling owner in one entity IS also a conlroHrng
owner in the other entity, or (ili) there is shared management or control between the business
entitles Factors that should be considered in determining the eXistence of an affii!ated
buslI1ess entity relationshIp Include that the same person or substanMlly the same person
own or manage the tIN 0 entitles: there are common Of commlf1gled funds Of assets, the
bUSiness entitles share the use of the same omces or employees or otherWise share actlvltles
resources or personnel on a regular baSiS or there is otherwise a close workmg rClatlonshqJ
hen.veen the entIties." See State and Local Government Cantlte! of !ntere~>!s Act Va Code S
22.310t
CERTIFICATION: j cert1ly lhat the information contained her,NI IS true and accumte
I understand ttlat upon receipt of natiflcatton {postcard ~ that the application has I}een scheduled tor
pubHc hearing I am r€!spons4)le fOf 00lal11lng and posting the sign oc tt'6 SUUpi!ct at
least JO {lays prior to the scheduled publiC hearing ilcccrding to IrlstructlOl1s 1'1 this package
undersign~j also consents to entlY upon 1he subject property bv employees of the Departrr.ent of
Planning to photograph arc ),ew the site fer curpcses of processmg and evaluating thiS applicatIOn
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I€' if dllferen! than applicant;
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CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 9
Item #5
Chester and Vivian Tucker
Conditional Use Permit
1557 Sandbridge Road
District 7
Princess Anne
April 8, 2009
REGULAR
Janice Anderson: The next matter that we will address is item 5. That's the application of
Chester and Vivian Tucker. This is for a Conditional Use Permit for a country inn on
property located at 1557 Sandbridge Road, in the Princess Anne District. Will the applicants
please come forward? Welcome.
Vivian Tucker: Hello. I'm Vivian Tucker and this is my husband Chester. We are applying
for a country inn to convert our current home into a country inn on Sandbridge Road.
Janice Anderson: Okay. Can you just tell us a little bit about the features that you're going
to have there? How you are going to change the existing home?
Vivian Tucker: Well, we currently have three bedrooms. That is where our guests are going
to stay. Weare on three acres. Our neighbors next door have horses if someone came to our
area we couldn't actually board their horse currently but sometime in the future if they
wanted to have their horse boarded. It's for overnight guest stay. There are people coming to
the beach. We would cook a small breakfast in the morning for them.
Janice Anderson: Okay. Right now, you're looking at actually having three bedrooms that
you are going to rent out but you have asked for five, to have two for expansion?
Chester Tucker: Right.
Vivian Tucker: Right.
Janice Anderson: But right now it would be three.
Vivian Tucker: We do have parking in the driveway there currently.
Janice Anderson: Are there any questions.bfthe Tuckers at this point? We will probably
bring you back up here in a little bit. Okay? Thank you.
Vivian Tucker: Okay.
Eugene Crabtree: I don't have any speakers.
Janice Anderson: No speakers?
I ,
Item #5
Chester and Vivian Tucker
Page 2
Eugene Crabtree: Well? I've got one in support. Vivian Tucker.
Janice Anderson: That was the applicant.
Eugene Crabtree: That was the applicant.
Janice Anderson: Okay. I'll go ahead and open it up for discussion then.
Al Henley: The only comment and I mentioned it in the informal session that I had on
condition 10, and I will read that out loud. It says "the applicant shall meet with the Fire
Marshal to review the site, the building and site plan and implemented recommended fire
safety measures deemed necessary and enforceable by the Fire Marshal for the facility."
Janice Anderson: Mr. & Mrs. Tucker, can you come up please?
Vivian Tucker: Okay.
Janice Anderson: Mr. Henley suggested another condition. Did you just hear that he read
about the Fire Marshal and adding that as a condition too?
Chester Tucker: We don't have a problem with that.
Janice Anderson: No opposition to that matter? Is there anything else?
Al Henley: Other than the ADA, anytime that you're inviting the general public to rent out
rooms, it is a lot of hurdles and obstacles that you must overcome. Some ofthose are the
American Disabilities Act (ADA) requirements, which is for handicapped facilities and
things of that nature. But essentially that's it. Y ou'lLfind it quite interesting.
Janice Anderson: Okay. Thank you.
Vivian Tucker: Okay.
Janice Anderson: Are there any other comments? Is there any discussion? Do I have a
motion?
Al Henley: I make a motion to approve this with the amended conditions.
Janice Anderson: A motion to approve with the ten conditions stated. Is there a second? I
have a second by Henry Livas.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
Item #5
Chester and Vivian Tucker
Page 3
CRABTREE
HENLEY
HORSLEY
KA TSIAS
LIVAS
REDMOND
RIPLEY
RUSSO
STRANGE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved the application of Chester and
Vivian Tucker with the amended conditions.
Janice Anderson: Thank you Mr. & Mrs. Tucker.
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SITE PLAN
LOT 2
:'i;"OIVISION OF PORTION OF PROPERTY
OWNED BY
DAVID 8. HILL,JR., ET Al
PLAT RECORDED IN
D.B.2578 P.1806
PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA
SCALE 1"=100' JUNE 30.
MADE FOR
CIIE~TER D. AND VIVIAN N. TUCKER
1987
19J33
GALLUP SURVEYORS a ENGINEERS, LTD.
3i5 FIRST COLONIAL ROAD
ViRGiNiA BEACH. VIRGiNIA 23454
TIS
PROPOSED SITE PLAN
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 6
Map L-13
Mo No to Scole
p-,
(1)
2
p-,
[1]
OQ~
CUP for Country lnn
1 11/27/07 Change of Zoning (AG-2 to R-15 with PD-H2 Granted
Overlay)
Floodplain Variance
2 08/12/03 Change of Zoning (AG-1 & 2 to Conditional Granted
R-20 and P-1)
CUP(open space promotion)
CUP (outdoor recreation facility)
ZONING HISTORY
CHESTER AND VIVIAN TUCKER
Agenda Item 5
Page 7
I ,
FLORDELIZA SAY ANGOS
Relevant Information:
· Kempsville District
· The applicant requests a Conditional Use Permit to allow housing for
five (5) seniors in a 3,500 square foot modified single-family dwelling.
· The residence has four (4) bedrooms and three (3) full bathrooms.
Three (3) care providers will be available to work at this site
(including the applicants, Mr. Bayangos and Mrs. Bayangos, plus a
full-time employee).
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR., DBA L1ZA'S
RESIDENTIAL CARE, Conditional Use Permit, residential care, 5084 Langston
Court. KEMPSVILLE DISTRICT.
,
MEETING DATE: May 26, 2009
. Background:
The applicant requests a Conditional Use Permit to allow housing for five (5)
seniors in a 3,500 square foot single-family dwelling, which has been modified for
this purpose.
Mr. and Mrs. Banangos are certified with the Commonwealth of Virginia as Nurse
Aides and have submitted a petition of support with signatures from adjacent
property owners.
. Considerations:
Staff of the City's Zoning Office and the State's Social Services Department
determined that the applicants have been caring for three (3) seniors, which is
allowed by-right. The applicants now desire to care for five (5) seniors, which
necessitates the need for this Use Permit.
The majority of seniors living in this facility are not able to move around on their
own. The residence has four (4) bedrooms and three (3) full bathrooms. Three
(3) providers will be available to work at this site (including the applicants, Mr.
Bayangos and Mrs. Bayangos, plus a full-time employee). At least one staff
member will be present at all times, seven days a week, 24 hours a day, to
provide assistance to the senior residents.
The applicants have met with the City's Senior Housing Review Committee
(SHRC). The Committee determined that the proposed site is suitable for
providing this type of care. Due to the fact that most of the residents living in this
facility are not mobile, the SHRC feels comfortable that the existing driveway and
two (2) car garage provides sufficient parking on-site. Overall, this site would
provide more of a "home-like" care environment than is typically found in large
senior housing facilities.
In addition, there has been an increased need for housing for seniors in the past
few years, and thus, this proposal provides a service greatly needed within the
community. The distance of the facility from useful services typically needed by
L1ZA'S RESIDENTIAL CARE
Page 2 of 3
this age group is adequate and meets the goals of the "Senior Housing
Development Guidelines" as provided in the City's Report on Senior Housing
Multi-family Issues: A Policy Report, dated July 1997. The proposal is consistent
with recommendations in the City's Comprehensive Plan regarding the need to
provide more of this type of housing for seniors. The project will provide
convenient living opportunities for seniors in a stable residential setting.
There was no opposition to this request.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0 to recommend that the City Council approve
this request with the following conditions:
1. The Conditional Use Permit shall be for assisted living care of up to five (5)
seniors as defined by the City of Virginia Beach Zoning Ordinance within 3
bedrooms of the dwelling located on the parcel.
2. The applicant shall file an application with the State Department of Social
Services to be licensed as a Assisted Living Facility home. If the applicant is
not licensed as an Assisted Living Facility, the applicant shall care for only
three (3) individuals consistent with the regulations of the State Department of
Social Services.
3. All necessary alteration permits and a Certificate of Occupancy for the use
shall be obtained from the Department of Planning / Permits and Inspections
Division before occupancy of more than 3 seniors.
4. Only one employee (aide), not including the applicants, may be on the site at
anyone time.
5. The applicant shall meet with the City Fire Marshall to review the building and
site plans and shall agree to fire safety measures for the facility that are
satisfactory to and enforceable by the Fire Marshall.
6. The facility shall meet the building provisions of the American with Disabilities
Act or the applicant shall require that the residents be ambulatory.
7. The building shall be protected by centrally-monitored alarm systems.
Bedrooms and bathrooms shall be served by a centrally-monitored call-for-aid
system
8. The house numbers on the front of the residence shall be clearly visible and
unobstructed at all times so that emergency personnel can quickly find the
house.
I I
L1ZA'S RESIDENTIAL CARE
Page 3 of 3
9. This Conditional Use Permit shall be administratively reviewed in two (2)
years for compliance with these conditions.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~\J
CityManager:~ (?.~(lV)i. r-
#19
April 8, 2009 Public Hearing
APPLICANT:
LIZA'S
RESIDENTIAL
CARE
PROPERTY OWNER:
FLORDELIZA
BAYANGOS,
DANIEL
BAYANGOS, JR.
STAFF PLANNER: Leslie Bonilla
REQUEST:
Conditional Use Permit (Housing for Seniors)
ADDRESS I DESCRIPTION: 5084 Langston Court
GPIN:
14667099830000
ELECTION DISTRICT:
KEMPSVILLE
SITE SIZE:
9,610 square feet
AICUZ:
Less than 65 dB DNL
The applicant requests a Conditional Use Permit to allow
housing for five (5) seniors in a 3,500 square foot modified
single-family dwelling. The majority of seniors living in this facility are not able to move around on their
own. The residence has four (4) bedrooms and three (3) full bathrooms. Three (3) providers will be
available to work at this site (including the applicants, Mr. Bayangos and Mrs. Bayangos, plus a full-time
employee). At least one staff member will be present at all times, seven days a week, 24 hours a day, to
provide assistance to the senior residents.
SUMMARY OF REQUEST
Mr. and Mrs. Banangos are certified with the Commonwealth of Virginia as Nurse Aides and have
submitted a petition of support with signatures from adjacent property owners.
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS.JR.
Agenda Itelll 19
Page 1
LAND USE AND ZONING INFORMATION
SURROUNDING LAND
USE AND ZONING:
North:
EXISTING LAND USE: Single-family dwelling
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
· Single-family dwellings / PD-H1 Planned Unit Development
District
· Single-family dwellings / PD-H1 Planned Unit Development
District
· Single-family dwellings / PD-H1 Planned Unit Development
District
· Single-family dwellings / PD-H1 Planned Unit Development
District
There is a water body located north of this site. There are, however, no
known significant cultural features associated with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Langston Court
in front of this application is considered a two-lane undivided local street. There are no CIP projects effecting
this roadway or proposed use.
TRAFFIC:
Street Name
Langston Court
Present
Volume
No Existing Traffic Counts are Available
for this Roadway
Present Capacity
Generated Traffic
Existing Land Use - 10
ADT
Proposed Land Use 3 - 14
ADT
1 AM Peak Hour Vehicles
(entering)
1 PM Peak Hour Vehicles
enterin
Average Daily Trips
2 as defined by single-family detached house
3 as defined b assisted livin facili with five seniors
WATER: This site is already connected to City water. There is a 4-inch City water main along Langston Court.
SEWER: City sanitary sewer is available. Sanitary sewer and pump station analysis of Pump Station #444 and
the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an
existing 8-inch City gravity sanitary sewer main along Langston Court.
EMERGENCY MEDICAL SERVICES: The applicant is encouraged to contact Emergency Medical Services
(EMS) for information on how prepare a list of medical information for the residents that would help make
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS,JR.
Agenda Item 19
Page 2
things more efficient for the residents and ambulance crews.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as a 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.
In a general sense, the established type, size, and relationship of land use, both residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development.
Evaluation:
Staff of City's Zoning Office and the State's Social Services Department have discovered that the
applicants have previously cared for three (3) seniors, which is allowed by right. The applicants now
desire to care for five (5). The applicants have met with the City's Senior Housing Review Committee
(SHRC). The Committee determined that the proposed site is suitable for providing care for seniors. Due
to the fact that most of the residents living in this facility are not mobile, the SHRC feels comfortable that
the existing driveway and two (2) car garage provides sufficient parking on-site. Overall, this site would
provide more of a "home-like" care environment than is typically found in large senior housing facilities.
In addition, there has been an increased need for housing for seniors in the past few years. Staff finds
that this proposal provides a service greatly needed within the community. The distance of the facility
from useful services typically needed by this age group is adequate and meets the goals of the "Senior
Housing Development Guidelines" as provided in the City's Report on Senior Housing Multi-family Issues:
A Policy Report, dated July 1997. To insure a standard level of care and services are provided to the
seniors, it is recommended that this Conditional Use Permit require the site and applicants to be licensed
through the Department of Social Services.
The request for a Conditional Use Permit to provide assisted care for up to five (5) senior citizens is
acceptable subject to the conditions listed below. As conditioned, the proposed use is compatible with
land uses in the surrounding area. It is consistent with recommendations in the City's Comprehensive
Plan regarding the need to provide more of this type of housing for seniors. The project will also provide
convenient living opportunities for seniors in a stable residential setting.
CONDITIONS
1. The Conditional Use Permit shall be for assisted living care of up to five (5) seniors as defined by the
City of Virginia Beach Zoning Ordinance within 3 bedrooms of the dwelling located on the parcel.
2. The applicant shall file an application with the State Department of Social Services to be licensed as a
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS. JR.
Agenda Item 19
Page 3
Assisted Living Facility home. If the applicant is not licensed as an Assisted Living Facility, the
applicant shall care for only three (3) individuals consistent with the regulations of the State
Department of Social Services.
3. All necessary alteration permits and a Certificate of Occupancy for the use shall be obtained from the
Department of Planning I Permits and Inspections Division before occupancy of more than 3 seniors.
4. Only one employee (aide), not including the applicants, may be on the site at anyone time.
5. The applicant shall meet with the City Fire Marshall to review the building and site plans and shall
agree to fire safety measures for the facility that are satisfactory to and enforceable by the Fire
Marshall.
6. The facility shall meet the building provisions of the American with Disabilities Act or the applicant shall
require that the residents be ambulatory.
5. The building shall be protected by centrally-monitored alarm systems. Bedrooms and bathrooms shall
be served by a centrally-monitored call-for-aid system
6. The house numbers on the front of the residence shall be clearly visible and unobstructed at all times
so that emergency personnel can quickly find the house.
7. This Conditional Use Permit shall be administratively reviewed in two (2) years for compliance with
these conditions.
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.
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOSf.JR.
Agenda Item 19
Page 4
I I
AERIAL OF SITE LOCATION
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR.
Agenda Item 19
Page 5
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L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR.
Agenda Item 19
Page 6
I ,
PHOTOGRAPH OF HOUSE
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANG08,.JR.
Agenda Item 19
Page 7
I I
January 21, 2009
City of Virginia Beach
Department of Planning
2405 Courthouse Drive, Room 115
Vrrginia Beach, VA 23456
Att: Leslie Bonilla
Re: Liza's Residential Care, Inc.
Application for Conditional Use Permit
To Whom It May Concern:
As evidenced by our signatures below, we the undersigned support the petition ofLiza's
Residential Care, Inc. for a Conditional Use Permit.
(Printed Name: '2 I Ii. ~_ ) Address: Signature:
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PETITION OF SUPPORT
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR.
Agenda Item 19
Page 8
I ,
DATE
1-11-82
ACTION
Granted
ZONING HISTORY
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS,JR.
Agenda Itel1"l19
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant IS a corporation, partnership. firm business. or other UrHf1COrporatect
organization. complete the folfowtng.
1, Ust the applicant name foHowed by the names of all officers members trustees
partners, ete belOw: (Attach list if necessary)
2 Ust all businesses that have a parent-subsidiaryl or affiliated business entity"
relationship with the applicant (Attach list if necessary)
NONE
fJ Check here if the applicant IS NOT a corporation, partnership, firm, bUSiness or
other unincorporated orgamzation,
PROPERTY OWNER DISCLOSURE
Complete this section onfy if property owner is different from appltcant.
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)
2, Lrst aU busmesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant (Attach list if necessary)
NONE
~ Check here if the property owner is NOT a corporation, partnership, firm
business, or other unincorporated organization,
& ' See ~xt page for footnoles
Does an offiCial or employee of the City of Virginia Beach have an interest in the
sublect land? Yes _'_m No ~
If yes what is the name of the official or employee and the nature of their mterest?
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DISCLOSURE STATEMENT
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR.
Agenda Item 19
Page 10
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DISCLOSURE
ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have or wHI provldl:; services with respect
to the requested property use including but not limited to the provJders of arcMectural
services, real estate services, fInancial services, accounting services and legal
services: (Attach list if necessary}
NONE
~Paren!.subsidiary relationship" means "a relationship that e:(lsts 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
? -Affiliated business entity relationship" means "6 relationship, other than parent.
subsidiary relationship, thaI exists when (I) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner Ifl one entity is also a controHing
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 ex!stence 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 Of personnel on a regular basis; or there is otherwise a close workmg relatlonshlp
between the entities," See State and Local Government Conflict of lnterests Act, Va Code S
22-3101
CERTIFICATION: I certlfy that the Information contamed herEM is true and accurate
! understand that, upon receipt of notification (postcard) that the applicat!on has been scheduled for
public heanng, ! am respons!ble for obtaining and posting the reqwred s19" on the subject property at
least 30 days prior to the scheduled pubhe hearing according to the Instructions In IhlS package The
Underli>1gned also consenls to entry upon the subjecl property by employees of the Department of
Planmng to pholograph and view the Sjte for purposes of processing and evaluating thiS application
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Flordelizs,8ayangos
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DISCLOSURE STATEMENT
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOStJR.
Agenda Item 19
Page 11
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DISCLOSURE STATEMEN
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ADDITIONAL DISCLOSURES
List all known contractors or busmesses that have or Wilt provide services with respect
to the requested property use, Induding but not limited to the providers of archltectural
services, real estate services, financial services. accountmg services, and legal
services (Attach list if necessary)
NONE
, "Parent-subsidiary relationship" means "3 relationship that eXists when one
corporation directly or mdirectly 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,
; "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 a controHing
owner in the other entity, or {Hi) there is shared management or control between the busmess
enhti~s Factors that should be considered in determining the eXlsten('.e 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 activjties,
resources or personnel on a regular basis: or there IS otherwise a close working relationshjp
between the entities h See State and Local Government Conflict of Interests Act Va Code S
22.3101
CERTIFICA TlON: I certify that the mforrnaflon contamed herem /s true and accurate
I.mderstand that. upon receipt of notificahon (postcard) that the appllca\lon has been schedUled for
publIC heanng j arn 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 metructions III thiS package The
underSigned also consents to entry upon the subject property by employee& of the Department of
F'1.lf1IWlg to photograph and view the site for purposes of processing and evaluating thiS apphcatlOf'i
Damel Bayangos, Jr
Daniel Bayangos ..;r
PrlrrtName---~"'"^~---_.-
CO;tlC!Ah}i'l>.ll Use Perrrd Apphcatll)p
to Of!O
1l3f2007
DISCLOSURE STATEMENT
L1ZA'S RESIDENTIAL CARE / FLORDELlZA BAYANGOS, DANIEL BAYANGOS, JR.
Agenda Item 19
Page 12
Item #19
Flordeliza Bayangos, Daniel Bayangos, Jr.
d/b/a Liza's Residential Care
Conditional Use Permit
5084 Langston Court
District 2
Kempsville
April 8, 2009
CONSENT
Joseph Strange: The next item is item 19, an application ofFlordeliza Bayangos and Daniel
Bayangos d/b/a Liza's Residential Care for a Conditional Use Permit for residential care on
property located at 5084 Langston Court, District 2, Kempsville, with seven (7) conditions.
Melvin Friedman: This matter comes under the petition of Liza and Daniel Bayangos for a
Conditional Use Permit.
Janice Anderson: Welcome sir. Can you please state your name for the record?
Melvin Friedman: Melvin Friedman, attomey representing the applicants.
Joseph Strange: Are the conditions acceptable Melvin?
Melvin Friedman: Yes they are.
Joseph Strange: Alright. Thank you very much.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked Henry Livas to review this item.
Henry Livas: The appljcant request a Conditional Use Permit to allow housing for five
seniors on a 3,500 square foot modified single-family dwelling. The majority of seniors
living in this facility are not able to move around on their own. The residence has four
bedroom and three full bathrooms. Three providers will be available to work at this site, and
at least one member will be present at all times, seven days a week, 24 hours a day to provide
assistance to the senior residents. Staff of City's Zoning Office and the State Social Services
Department had discovered that the applicants had previously cared for three seniors, which
is allowed by right. The applicants have met with the Senior Citizen Housing and Review
Committee and the Committee determined that the proposed site is suitable for providing
care for seniors. However, the applicant will still file an application with the State
Department of Social Services to be licensed as an Assisted Living Facility Home.
Therefore, we recommend approval of this Conditional Use Permit and we have placed it on
our consent agenda.
Item #19
F10rde1iza Bayagos, Daniel Bayangos, Jr.
Page 2
Joseph Strange: Okay. Thank: you very much Henry. Madame Chairman, I will make a
motion to approve agenda item 19.
Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 19 for consent.
I I
PRINCESS ANNE CHURCH OF CHRIST
CUP [or Religious U.~e
Relevant Information:
· Lynnhaven District
· The applicant requests a Conditional Use Permit to operate a church
within one of the units of an existing strip commercial center.
· There is adequate parking on the site for the church and the other
users within the center.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: PRINCESS ANNE CHURCH OF CHRIST, Conditional Use Permit, church,
3016 Virginia Beach Boulevard. LYNNHAVEN DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant requests a Conditional Use Permit to operate a church within one
of the units of an existing strip commercial center.
. Considerations:
The applicant will lease a 1,800 square foot suite located within a 49,790 square
foot retail building. The submitted site plan indicates there are 56 parking spaces
on site. The applicant proposes to hold religious services on Sunday mornings,
from 10:00 a.m. to 12:00 p.m., and Sunday evenings from 6:00 p.m. to 7:00 p.m.
The congregation consists of approximately 40 to 50 members.
The proposed lease space will be slightly modified to meet the requirements of
the City's building codes for this use. No exterior modifications or additions will
be done to the site except for the installation of a new illuminated sign face within
the existing sign cabinet attached to building.
The church use is compatible with the other uses within the building and will not
negatively impact neighboring properties. The site plan depicts 56 parking
spaces on-site. The Zoning Ordinance requires 10 spaces for a church with 50
seats. Based on the fact that churches generally have peak operational hours
different from traditional business hours, staff finds that the 56 on-site parking
spaces are sufficient for this use and the others in the center. The proposed
church use is located within an Air Installation Compatible Use Zone (AICUZ) of
65 to 70 dB DNL. Churches and related facilities are considered compatible
within this AICUZ; however, the applicant must insure compliance with noise
level reduction features as set forth in the Virginia Uniform Statewide Building
Code.
There was no opposition to this request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to
recommend approval of this request to the City Council with the following
conditions:
PRINCESS ANNE CHURCH OF CHRIST
Page 2 of 2
1. The number of individuals attending a service shall not exceed 50 or the
number established by the City's Fire Marshall, with the lower number of the
two being the maximum.
2. The applicant shall not use the space within the building for church purposes
until all requirements of relevant Building Code provisions pertaining to a
church have been satisfied and a Certificate of Occupancy for the use of the
space as a church has been obtained from the Department of Planning /
Permits and Inspections Division.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manage~~ t.~1W'L
REQUEST:
Conditional Use Permit (religious use)
ADDRESS I DESCRIPTION: 3016 Virginia Beach Boulevard
I I
#3
April 8, 2009 Public Hearing
APPLICANT:
PRINCESS ANNE
CHURCH OF
CHRIST
PROPERTY OWNER:
AMERICAN
ENVIRONMENT
FOUNDATION
STAFF PLANNER: Leslie Bonilla
GPIN:
14971587390000
ELECTION DISTRICT:
LYNNHAVEN
SITE SIZE:
49,790 square foot site
1,800 square foot lease area
AICUZ:
65 - 70 dB DNL
Sub-Area 3
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to operate a
church within one of the units of an existing strip commercial
center. The applicant will lease a 1,800 square foot suite out of a 49,790 square foot retail building. The
submitted site plan indicates there are 56 parking spaces on site. The applicant proposes to hold religious
services on Sunday mornings, from 10:00 a.m. to 12:00 p.m., and Sunday evenings from 6:00 p.m. to
7:00 p.m. The congregation consists of approximately 40 to 50 members.
The proposed lease space will be slightly modified to meet the requirements of the City's building codes.
No exterior modifications or additions will be done to the site except for the installation of a new
illuminated sign face within the existing sign cabinet attached to building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercial strip center
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Item 3
Page 1
I ,
SURROUNDING LAND
USE AND ZONING:
North:
South:
. Multifamily homes I A-12 Apartment District
· Vacant gas station I B-2 Community Business District
. Virginia Beach Boulevard
· Across Virginia Beach Boulevard are retail uses I B-2
Community Business District
. Retail I B-2 Community Business District
. Retail I B-2 Community Business District
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach
Boulevard in front of the site of this application is considered an eight-lane divided major urban arterial facility.
The Master Transportation Plan proposes a divided facility within a 120-foot wide right-of-way. There are no
Capital Improvement Program (CIP) projects slated for this section of Virginia Beach Boulevard.
TRAFFIC: Present
Street Name Volume Present Capacity Generated Traffic
Virginia Beach 37,224 ADT 1 56,240 ADT 1 (Level of Existing Land Use :.t._
Boulevard Service "D") I capacity Weekday 180 ADT
Sunday I 37 ADT
Proposed Land Use 3 -
Weekday 116 ADT
(2 Morning Weekday Peak
Hour Vehicles and 2
Afternoon Weekday Peak
Hour Vehicles)
Sunday I 77 ADT
(32 Sunday Peak Hour
Vehicles)
2008 Average Daily Trips
2 as defined by a 1,800 square foot shopping center
3 as defined by a 50 member church
TRAFFIC ENGINEERING: The proposed use generates less traffic on a Sunday than a specialty retail store
of the same size during the weekday when traffic on Virginia Beach Boulevard is dramatically higher.
Therefore, the proposed use does not pose a negative impact to the surrounding roadway network.
WATER: This site has an existing 5/8-inch meter (ID # 95036650) that may be used or upgraded. There are
20-inch, 16-inch, 42-inch, and 8-inch City water mains in Virginia Beach Boulevard. There are 20-inch and 8-
inch City water mains in Kings Grant Road.
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Item 3
Page 2
SEWER: This site is connected to City sanitary sewer. There is an 8-inch City gravity sanitary sewer in Kings
Grant Road. There is a 24-inch HRSD force main in Virginia Beach Boulevard. There is an 8-inch City gravity
sanitary sewer main in Virginia Beach Boulevard.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as a 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.
In a general sense, the established type, size, and relationship of land use, both residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development.
Evaluation:
The church use is compatible with the other uses within the building and will not negatively impact
neighboring properties. The site plan depicts 56 parking spaces on-site. The Zoning Ordinance requires
10 spaces for a church with 50 seats. Based on the fact that churches generally have peak operational
hours different from traditional business hours, staff finds that the 56 on-site parking spaces are sufficient
for this use and the others in the center. The proposed church use is located within an Air Installation
Compatible Use Zone (AICUZ) of 65 to 70 dB DNL. Churches and related facilities are considered
compatible within this AICUZ; however, the applicant must insure compliance with noise level reduction
features as set forth in the Virginia Uniform Statewide Building Code.
Staff further finds that the existing tree-lined area on the property to the north provides a sufficient buffer
between the existing commercial strip center and the multi-family dwelling units to the north. Staff
recommends approval of this request with the conditions provided below.
CONDITIONS
1. The number of individuals attending a service shall not exceed 50 or the number established by the
City's Fire Marshall, with the lower number of the two being the maximum.
2. The applicant shall not use the space within the building for church purposes until all requirements of
relevant Building Code provisions pertaining to a church have been satisfied and a Certificate of
Occupancy for the use of the space as a church has been obtained from the Department of Planning /
Permits and Inspections Division.
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Itefn 3
Page 3
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMeNT
Agenda ItEln 3
page 4
AERIAL OF SITE LOCATION
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Item 3
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PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONM~NT
Agenda Item 3
Page 6
PROPOSED BUILDING ELEVATION
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Item 3
Page 7
Ma~~~t i!1~?le Princess Anne Church of Christ
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CUP for Religious Use
# DATE DESCRIPTION ACTION
1 10-22-79 Conditional Use Permit (car wash) Granted
2 02-22-00 Conditional Use Permit (motor vehicle sales & repair- expansion) Granted
02-10-98 Conditional Use Permit (automobile sales, repair, & storage) Granted
02-14-95 Conditional Use Permit (motor vehicle sales, rental, & repair) Granted
3 07 -05-88 Conditional Use Permit (automobile repair) Granted
4 12-09-03 Conditional Use Permit (motor vehicle sales & service) Granted
5 08-14-90 Conditional Use Permit (automotive sales) Withdrawn
08-28-89 Conditional Use Permit (car-wash) Granted
6 11-26-02 Conditional Use Permit (gasoline sales with convenience store) Granted
ZONING HISTORY
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMENT
Agenda Jtetn 3
Page 8
DISCLOSURE STATEMENT
APPLICANT OtSCLOSURE
If the applicant is a corporation, partnership, firm, bU$iness, or other unIncorporated
organization, complete the fonowing:
1 Ust the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Princess Anne Church of Christ Stanley P~t, Dave Taggart, Ell" Eccles, Wanda WlIsoo ,
('"'~;.ft>0'~~-1~ t ,1 l~"',# ;;~'t'tl' i, i1f:..,:t{".},.}~t '-:,~'.'ai.',,..l~tr;
2. Ust all businesses that have a parent-subsidiary' or affiliated business entitY'
relationship with the applicant (Attach list if necessary)
t, i. M
o Check here if the applicant is NOT a corporation. partnership, firm, busmes$, or
other unincorporated organization,
PROPERTY OWNER DISCLOSURE
Complete this section only if properly 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 c.>wl"ler name followed by the names of all officers, members,
trustees, partners, etc, below: (Attach list if necessary)
E /'" - . "',- . . '............" - . , <," ,
A.mer\e.an' l'Ivi<<.lrlment Foondalioo '- '1"1"-" C\ .l.AA.. '\!. l '>" i, . ..:,' '. I. .,j i f C t {.. f 1 C. ' "" ,
. . ... \. .. 1 ~'~ "~' ~ L, ,b,;.,...,.,..
,j
1937Laskm Rd Y1f9ima Beach, VA :23454
2. Ust all businesses that have a pareflt-subsidiary1 or affiliated bUsiness entitl
relationship with the applicant: (Attach list if necessary)
t" .,'
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization,
& ~ ~ page for root~
Does an official or employee of the City of Virginia Beach have an lI1terest in the
subject land? Yes _ No ~
If yes, what IS the name of the official or employee and the nature of their interest?
CoolldtlOftill t.Joo Plmnli AppilCilllO'll
~hPO
RMlI<! 'i'i"3l2001
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DISCLOSURE STATEMENT
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMINT
Agenda Itafn 3
Page 9
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DISCLOSURE STATEM
ADDITIONAL DISCLOSURES
List aJl known contractors or businesses that have or wit! provide services with respect
to the requested property use, Including but not limited to the providers of archlteotural
services. real estate services, financial seMces, accounting services, and legal
seMees: (Attach list if necessary)
1 .Patent-subsidiary relationship. means ~a relationship that exists when one
~Cln dlredly Of indirectly owns shares ~ng more than 50 pe~ of the votl.ng
~ of another corporation,. See State andl.oem Government Confik:t of I1'Iterests Ad, Va
Code S 2.2-$101
2 ~Afflqted bUSIness $l"ltity relationship' means "a rel~p. otMr" than pal'l!lflt"
slJ~relatfOrt$hip, that exists wMn (i) one business entl'ty huaoontroHing ownership
lnt"ln the other ~ entity, (Ii) a controWng owner in one entity is also a controlling
owner in the ottler entity, ot(iii) there is $hated management or control between the business
entities. Fadm that should be considered in determining the exitteM8 of an .fflliated
tity relationship intItJde that the same pet$OrI Of su~-the same person
own entities; thece. are commonOf' COfr'ltI1ingled fund$ or MHt$; the
~ entities $hare the use of the same offices or employees Of' ~. $hare activities.
~ or pet$OrIneI on a regular basi$; or thece is otheNIfH a dose workIngretatlonshlp
entities," See $tate and Local Govetnment Confflot of Interests Act, Va. Code S
"~t
CoI'd4~aI \M Fetml! ~
?tOd10
A....., 1/3/2007
DISCLOSURE STATEMENT
PRINCESS ANNE CHURCH OF CHRIST / AMERICAN ENVIRONMINT
Agenda Itdn 3
Page 10
Item #3
Princess Anne Church of Christ
Conditional Use Permit
3016 Virginia Beach Boulevard
District 5
Lynnhaven
April 8, 2009
REGULAR
Janice Anderson: The next matter on the agenda will be item 3. That's the application of
Princess Anne Church of Christ. This is for a Conditional Use Permit for a church located at
3016 Virginia Beach Boulevard, in the Lynnhaven District. Do I have a representative on
this matter? Please come forward. Welcome.
Eugene Thompson: Good afternoon. I'm Eugene Thompson with Ionic Design Studios
Architects. I am also a member of the Princess Anne Church of Christ representing the
church. We are a small congregation of about 40 to 50 members currently meeting in the
PDA Recreation Center on Sunday mornings, and homes on Wednesday evening. What
we're looking to do is lease a small 1,800 square feet space in a commercial existing center
011 Virginia Beach Boulevard. It will be on Sunday mornings and Sunday evenings and
Wednesday night primarily with a few classes and things like that during the week. There
are not really any major changes to the outside. The only addition is of a sign that will be
added, which is just a replacement panel that is there. And on the interior, we have some
modifications to meet code which would be primarily an additional handicap restroom. That
is about all.
Janice Anderson: Okay. Are there any questions for Mr. Thompson at this time? Thank you
sir. We'll bring you back up in a little bit.
Eugene Crabtree: We have one speaker in opposition. Barbara Vandeventer.
Barbara Vandeventer: I decline to speak. It's alright.
Janice Anderson: Thank you ma'am. No other speakers? I'll open it up for discussion.
Joseph Strange: Well, this application was originally on the consent agenda. So, when the
time comes I'll make a motion to go ahead with the application.
Janice Anderson: Is that a motion?
Joseph Strange: Yes.
Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias for the approval
ofthe Conditional Use Permit for religious use. Are there any other comments?
Item #3
Princess Anne Church of Christ
Page 2
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
LIV AS AYE
REDMOND
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT
ABSENT
Ed Weeden: By a vote of9-0, the Board has approved the application of Princess Anne
Church of Christ.
Janice Anderson: Thank you sir.
CITY OF VIRGINIA BEACH
Mop ~af t~-~C"]e Cit'V of Virpinia Beach
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Zoning change from R-5D Lo /-1
Relevant Information:
· Beach District
· The applicant requests rezoning on the site from R-5D and A-12 to 1-1
Light Industrial for the purpose of developing the site with a use that
is compatible to the APZ-1
Evaluation and Recommendation:
· Planning Staff recommended approval
o Planning Commission recommends approval (10-0).
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, ChanQe of ZoninQ District Classification, R-5D
Residential Duplex District and A-12 Apartment District to 1-1 Light
Industrial District, east side of London Bridge Road, south of Potters Road,
BEACH DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant proposes to rezone the existing R-5D Residential District and A-12
Apartment District to 1-1 Light Industrial District. The property was acquired as
part of the City's acquisition program to prevent further development of
incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS
Oceana. Once the property is rezoned, it will be marketed to future users whose
businesses conform to the permitted uses within the City Zoning Ordinance,
Article 18 Special Restrictions in Air Installations Compatible Use Zones
(AICUZ).
The Comprehensive Plan Map designates this area as a Primary Residential
Area, abutting Strategic Growth Area 9 - West Ocean a Area. The West Ocean a
Area is generally bound by London Bridge Road, Lynnhaven Creek, and South
Lynnhaven Road. The Comprehensive plan identifies the property located in the
southern and eastern part of the Strategic Growth Area as suitable for low
intensity industrial uses that conform to the AICUZ provisions. The property is
restricted to those uses permitted in the City Zoning Ordinance, Article 18, and
the APZ-1 Master Plan.
. Considerations:
The purpose of this application is to rezone the property from a land use that is
not compatible to the APZ, residential, to one that is compatible, light industrial.
The Department of Economic Development has been marketing the properties
for more than a year and has potential users in place. To allow development of
the sites, however, the property must be rezoned.
To ensure the site is developed in a manner consistent with the
recommendations of the Comprehensive Plan, the APZ-1 Master Plan, and
Section 1810 of the City Zoning Ordinance, a set of deed restrictions will be
recorded with the sale of the property. Those restrictions will act similar to
proffers attached to a Conditional Rezoning. The deed restrictions that will be
CITY OF VIRGINIA BEACH - LONDON BRIDGE ROAD (EAST)
Page 2 of 2
attached to the sale of each property will ensure the sites are compatible with the
permitted uses for the area and will control the appearance and site design of the
sites when developed. The deed restrictions will control the general use,
appearance, and site design to ensure a high level of quality development and
compatibility with the surrounding area.
The sites are being marketed to future users whose businesses conform to the
permitted uses within the City Zoning Ordinance, Article 18, Special Restrictions
in Air Installations Compatible Use Zones (AICUZ) and which further the goals of
the Oceana Land Use Conformity Program and are compatible with the
Comprehensive Plan.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend to the City Council approval of this rezoning request.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~\ ~
CityManage~ L,~~ ~
#4
May 13, 2009 Public Hearing
APPLICANT AND PROPERTY
OWNER:
CITY OF VIRGINIA
BEACH I
DEPARTMENT OF
ECONOMIC
DEVELOPMENT
STAFF PLANNER: Faith Christie
REQUEST:
Chanqe of Zoninq (R-5D Residential and A-12 Apartment Districts to 1-1 Light Industrial District)
ADDRESS I DESCRIPTION: Property located on the east side of London Bridge Road, north of Wolf Street
and south of Potters Road (256 through 268 London Bridge Road, eight (8) parcels along London Bridge
Road, and two (2) parcels along Terrell Avenue)
GPIN:
14979271000000; 14979252720000;
14979272110000; 14979263510000;
14979264530000; 14979274020000;
14979274750000; 14979284620000;
14979266710000; 14979276410000;
14979277660000; 14979278790000;
14979297500000.
ELECTION
DISTRICT:
BEACH
SITE SIZE: AICUZ:
5.89 acres The site is located within a
more than 75dBLdn AICUZ
noise zone and an Accident
Potential Zone 1 (APZ-1).
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-5D Residential District and A-12 Apartment District to 1-1
Light Industrial District. The property was acquired as part of the City's acquisition program to prevent
further development of incompatible uses in the APZ-1 Accident Potential Zone surrounding NAS
Oceana. Once the property is rezoned, it will be marketed to users whose businesses conform to the
permitted uses within the City Zoning Ordinance, Article 18 Special Restrictions in Air Installations
Compatible Use Zones (AICUZ).
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 1
The applicant devised deed restrictions that will accompany the sale of the property. The deed restrictions
will control the general use, appearance, and site design to ensure a high level of quality development
and compatibility with the surrounding area.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped sites
SURROUNDING LAND
USE AND ,ZONING:
North:
South:
East:
West:
· London Bridge Road and a vacant parcell R-5D Residential
· Single-family and duplex dwellings I R-5D Residential
· Single-family and duplex dwellings I R-5D Residential
. London Bridge Road
NATURAL RESOURCE AND
CULTURAL FEATURES:
There do not appear to be any significant natural resources or cultural
features associated with the sites.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): London Bridge
Road adjacent to this property is a four-lane minor suburban arterial.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
London Bridge 26,800 ADT 30,600 ADT Existing Land Use 2 - 390
Road ADT
3
Proposed Land Use -450
ADT
Average Daily Trips
2 as defined by 5.9 acres of R-5D Residential and A-12 Apartment zoning
3 as defined by 5.9 acres of Iiaht industrial zonina
WATER: This site must connect to City water. There is an 8-inch City water line in London Bridge Road.
SEWER: This site must connect to City sanitary sewer. Pump Station #514, the receiving pump station for this
area, has capacity issues and may require system modification. Developers of the site must submit an
engineering hydraulic analysis of Pump Station #514 and the sanitary sewer collection system to ensure future
flows can be accommodated. There is an 8-inch City gravity sanitary sewer main in London Bridge Road.
SCHOOLS: School populations are not affected by this request.
CITY OF VIRGINIA BEACH
Agenda Ite~ 4
Page 2
Recommendation:
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan Map designates this area as a Primary Residential Area, abutting Strategic
Growth Area 9 - West Oceana Area. The West Oceana Area is generally bound by London Bridge Road,
Lynnhaven Creek, and South Lynnhaven Road. The Comprehensive plan identifies the property located
in the southern and eastern part of the Strategic Growth Area as suitable for low intensity industrial uses
that conform to the AICUZ provisions. The property is restricted to those uses permitted in the City Zoning
Ordinance, Article 18, and the APZ-1 Master Plan.
Evaluation:
This application to rezone the property from R-5D Residential and A-12 Apartment to 1-1 Light Industrial
to market to future users whose businesses conform to the permitted uses within the City Zoning
Ordinance, Article 18 Special Restrictions in Air Installations Compatible Use Zones (AICUZ) furthers the
goals of the Oceana Land Use Conformity Program and is compatible with the Comprehensive Plan.
The deed restrictions that will be attached to the sale of each property will ensure the sites are compatible
with the permitted uses for the area and will control the appearance and site design of the sites when
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.
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 3
AERIAL OF SITE LOCATION
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 4
Map 1foaf ~-~c"le Cit'\J of Vir9inia Beach
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Zoning change from R-5D Lo 1-1
1. 10/27/98 Rezoning (R-10 Residential and B-2 Community
Business to Conditional 1-1 Li ht Industrial
2. 11/27/01 Modification of Conditions
6/8/99 Conditional Use Permit Church
Approved
Approved
A proved
ZONING HISTORY
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 5
EMENT
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, membets, trustees,
partners. ate, below: (Attach fist if necessary)
City of Virgima Beach, Mumctpai Corporation
2. List all businesses that have a parent-subsidiary' or affiliated business entity"
relationship with the applicant: (Attach list if necessary)
NiA
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)
NiA
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NiA
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization,
-1 ~'
'& 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 thelf :nterest?
R(~lCf!ing
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DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 6
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DISCLOSURE
ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have or WI!! provide services with respect
to the requested property use, including but not limited to the providers of archltectural
services, real estate services, financial services, actounling services, and legal
services: (Attach list if necessary)
N"A
"Pan:int-subsidiary relationship' means "a relatlcmshrp that eXIsts when one
corporatIon dIrectly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation," See Stale and Local Government Confilct of Interests Act Va
Code ~ 2,2.3101,
. "Affiliated business entity relationship" means "a reiatiOnstllp, other than parent-
subsidiary relationship. that exists when (I) one business entity has a controUmg ownership
mterest II'l the other bustness entity (ii) a conlroHing owner in one entity is also a controlling
owner in the other entity, or (iii) there IS shared management or control between Ihe business
entities. Factors that should be conSidered m determining the eXistence of an affiliated
business entity relationship include Ihatlhe 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 enMics," See State and Local Government Conflict of Interests Act Va, Code ~
22-3101.
CERTIFICATION: I certify that the informabon contaired herein Is true and accurate
I understand that upon receipt of notification (postcard) that the apP';cat'on has ooen scheduled for
public hearing I am responSible fOf obtmning and postmg the reqJIred sign on the subject property at
least 30 days prior to the scheduled pubhc hearing according to the instructions In this package, The
cmdevsfgn6'd al$o consents to entry upon the subject property by employees of the Department of
Planning to photograph and vie..... HlC sfte for purposes of pr(iCfJSSw,'J and clldl.$atlllg Hus application.
James K SDCre
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P'()p~rty Clwner's~"jgnallir;(if different than applicant I
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DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
Agenda Item 4
Page 7
Item #4 & 5
City of Virginia Beach
Change of Zoning District Classification
East side of London Bridge Road
Discontinuance, closure and abandonment of unimproved portion of
Terrell Avenue
District 6
Beach
May 13, 2009
REGULAR
Janice Anderson: The next group of matters we're going to address today are those matters that are going
to be heard today. I'm going to ask the Secretary to call our first matter please.
Donald Horsley: Okay. The first comment I'm going to make is that want to make sure staff takes the
gentleman's drainage comments (Hope Lutheran) to heart and to make sure that somebody does address
that issue.
Stephen White: Mr. Horsley, I got it written down. I already made a note to myself to take care of it
when I get back, in terms of contacting Public Works.
Donald Horsley: Thank you very much.
Stephen White: You're welcome
Donald Horsley: The first item to be heard today is the City of Virginia Beach. An application of the
City of Virginia Beach for a Change of Zoning District Classification from R -5D Residential Duplex
District and A-12 Apartment District to 1-1 Light Industrial District on property located on the east side of
London Bridge Road beginning at a point 300 feet south of Potters Road for a distance of 1,030 feet and
item 5, the City of Virginia Beach. An application of the City of Virginia Beach for a discontinuance,
closure and abandonment of an unimproved portion of Terrell Avenue, District 6, Beach. Mr. White, do
you want to address those? Dr. White. Excuse me.
Stephen White: Actually, I could, but I think it would be more appropriate if Michelle or David could
give a brief synopsis of this application.
Michelle Chapleau: Good afternoon, Chair, members of the Planning Commission, my name is Michelle
Chap1au, and I am part of Economic Development, as the applicant. And our request is to rezone the
property south of Potters Road at London Bridge from R-5D to 1-1. And for the street closure at Terrell
Avenue to further the goals of the Oceana Land Use Conformity Program.
Janice Anderson: I don't think they've caught up to your scene yet.
Karen Prochilo: It's not opening (talking about PowerPoint).
Janice Anderson: It's not opening.
Stephen White: Okay. Do you want me to help you Michelle?
I I
Items #4 & 5
Change of Zoning /Terrell Avenue Street Closure
Page 2
Michelle Chaplau: Yes.
Stephen White: Okay. Madame Chair and members of the Commission, this rezoning is part of the
City's overall APZI Master Planning effort. This rezoning on this side of the street is designed to attract
an industrial, light industrial user, which is more compatible with the AICUZ that is in the area. The
intended user, I think you have a copy of the PowerPoint at least, that I gave to you at lunch time that
shows you a user, light industrial in nature, who does truck parts supply, that sort of thing. The
important thing about this one is that while the use is industrial, there are deed restrictions attached to the
property, which will control the uses, that will control the appearance, and control the site plan. Also,
there are provisions in the Zoning Ordinance which will be followed, that Mr. Macali talked about in the
morning session, that basically require a higher standard oflandscaping and site design, and ensure that
the uses are compatible to the adjacent residential area. So, we are recommending approval of this
application. If you have any specific questions about how this is going to work in terms of where do we
go from here, I'm sure Michelle could answer them for you.
Janice Anderson: Okay.
Michelle Chaplau: I'll make a copy of that PowerPoint that you have available if you want me to run
through that or to show the rendering.
Janice Anderson: Okay. Let's see if we have any questions from the Commission first.
Ronald Ripley: I have a question. . Looking at the PowerPoint is this applicant going to use the entire site
or is it juSt using part of the site?
Michelle Chaplau: No sir. Approximately 2.2 acres and the total site acreage is a little over five.
Ronald Ripley: So the rest of the site?
Michelle Chaplau: Will be marketed for another conforming use.
Ronald Ripley: It will be developed according to the discussion we had this morning at the informal
under those guidelines and controls of the exterior/interior and the relationship with the neighborhoods?
Michelle Chaplau: Yes sir.
Ronald Ripley: All those things we talked about?
Michelle Chaplau: Yes sir.
Ronald Ripley: Okay.
Michelle Chaplau: We've taken the master plan that Section 1810 Design Criteria and the Oceana West
Design Criteria as well.
Janice Anderson: Jay?
Jay Bernas: Have you discussed this application and the proposed renderings with the adjacent property
owners that abut the site or just the civic league?
Items #4 & 5
Change of Zoning /Terrell Avenue Street Closure
Page 3
Michelle Chaplau: We have two civic league members that sit on the Oceana Land Use Conformity
Committee for the purpose of disseminating that information to the civic league. And I've also taken
calls from Planning when we applied for the rezoning, and the signs went up.
Stephen White: And the adjacent property owners to this property are notified by mail 15 days prior to.
Some of the calls came as a result of those mailings.
Jay Bernas: So no objections?
Stephen White: No objections.
Michelle Chaplau: No. That is not a permitted use in APZl.
Stephen White: I think the concern we heard more than anything else was they didn't want it to be a gas
station or something like that.
Jay Bernas: Did you show them the renderings on what this site would look like or did you kind of tell
them that it was going to be an 1-1 straight zoning? I mean, how much information did you give them?
What did they react too? Because we were given limited information so I'm kind of wondering what you
gave them.
Michelle Chaplau: Right. I just gave them general information about the use because I wasn't able to
disclose the company's name. What their line of work was, and that the building would comply with the
design criteria that you were given earlier. Again, I can share that rendering for those that are here today
if they would like to see it.
Janice Anderson: Are there any other questions of Michelle? Thank you.
Donald Horsley: We don't have any opposition re~istered.
Janice Anderson: Okay. The Secretary said there is no opposition. So, I will leave it open for
discussion. Go ahead Jay.
Jay Bernas: You know, we kind of talked about his in the informal a little bit. My main concern is kind
of the lack of information on this application. It is kind of hard to react to something when you don't
really know much about it. We just got the deed restrictions today, like three or four pages. And it is
kind of hard to react to that given the limited amount of information we have. I know staff were trying to
be really careful in these areas where these are existing neighborhoods and we want to limit the impact
that with these new developments, and I just want to voice some concern about how we're going about
the process more so and making sure that we include the public involvement, and that we have some
transparency in what we're building and what we're approving to make sure that the public is okay with
it. So, that is kind of my main concern is really being transparent and ensuring that the adjacent property
owners understand what is going on, and that we kind of show them what's going on just in case there
any objections. So, those are kind of mine concerns.
Janice Anderson: Okay. Dave.
David Redmond: I want to very, very briefly echo Jay's concern. I don't feel we got adequate
information on that. I don't think it's quite accurate suggest that we disseminate information if a couple
of people from the civic league serve on the AICUZ. That is not the same as going to adjacent property
I I
Items #4 & 5
Change of Zoning /Terrell Avenue Street Closure
Page 4
owners and saying this is what we have in mind. This is what we want to do. Do you have any objection,
if so, how can we address them? And, I think we have to make an effort to do that. The notion that you
might approach people but not be able to tell what it is it or who it is, that is not really, in my view
conferring much with them. If it was me, I would say come back when you have something more to tell
me. I think for some odd reason I get sort of a nagging feeling like Mr. Bernas does that this is a little bit
shrouded in mystery and I don't know why. But, I'm going to support it anyway. Obviously, I'm as big
a fan of Economic Development as anybody and want to support it whenever we can. However, I will
note in closing that if it were a private land owner and not the City of Virginia Beach that were operating
in this manner, I bet we would have a different standard for that. I don't think that is exactly fair to the
private sector or do I think it is appropriate for the public sector. I wish we had done things differently
and I hope we'do in the future. Thank you.
Janice Anderson: Thank you. Do you have a comment Stephen?
Stephen White: I just want to make a comment that for us this is a new process. It is a new way of doing
business in terms of turning property over from non-compatible uses to the AICUZ compatible uses, and I
will say that there is no doubt in my mind that we have learned on this one. And, that we hear what
you're saying and that other properties come forward, we would do our best to do exactly what you're
asking for.
Janice Anderson: Thank you. Are there any other comments? Go ahead Ron.
Ronald Ripley: My only comment and it is along the lines of what has just been said by Jay and Dave,
and that is if this was, and I said this morning. If this was an industrial park working under deed
restrictions like industrial the way it does. That would be perfectly fine in my opinion. And it is not apt
to develop something that is going to right up on this particular piece of property but it is not clear what it
is going to be either as far as this Commission is concerned. The Comprehensive Plan speaks of the
neighborhood to be in paramount to everything within the plan. The neighborhoods throughout our city
are of the upmost importance. And what raised my concern is when you're mixing the industrial into the
neighborhood, realizing that BRAC was a game changer and it changed the game. So, that is why this
really sort of mix. The testing is going to work out this way. But, I think this should have been a
Conditional Zoning just like anybody else in my opinion, it would have been on the consent agenda like I
said this morning. I'm sure it would have qeen done right. I'm sure staff would have worked through
whatever issues with the neighborhoods, etc, and that's the case. Enough said. I'm going to support it too
but I'm not too crazy about this.
Janice Anderson: Okay. Go ahead Jay.
Jay Bernas: Just one more thing. This is just a recommendation to staff in the future that I would feel
much more comfortable. You can blank out the name, but if you would had walked around to the
adjacent property owners which the neighborhoods already said or you made much more of an effort.
Especially because this is a city application, that would have made much more of an effort with the
adjacent property owners. Not with just the representative s to ensure that we got their by-in. You could
leave their names out but just so I felt comfortable that they were okay with it. You know, residential to
industrial rezoning is a pretty severe change of zoning. And like I said, my main concern is preserving
the character of the neighborhood, as yours is as well.
Janice Anderson: Okay. Ijust want to make a comment on this. I definitely understand the
Commissioner's concern on that but I do find comfort in this rezoning just because of the detailed deed
restrictions that have been placed on the property. And actually, I got these a couple of days ago. They
Items #4 & 5
Change of Zoning /Terrell Avenue Street Closure
Page 5
were emailedtome.So. I have a little bit more time to go over them. But, the deed restrictions, I think
do protect the neighborhood and that is everyone's main concern. They limit the uses on the property, the
density on the property. Fifty percent is not improved. They prevent loading docks. There are six pages
of restrictions. And, then it incorporates a section in the Code that refers to enhanced landscaping, the
lighting. The hours of operation, so those matters will be addressed those matters that are most sensitive
when you put any kind of business next to a residential area. So, I think those protections are in place
with this rezoning. But I would be in agreement with the Commissioners that it would be more detailed
in the future. Are there any other comments? Do I have a motion?
David Redmond: I move for approval.
Janice Anderson: A motion to approve by Dave Redmond. Is there a second?
Kathy Katsias: I'll second it.
Janice Anderson: A second by Kathy Katsias. This is for item 4 & 5.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: Bya vote of 10-0, the Board has approved the applications of the City of Virginia Beach for
the Change of Zoning and the Terrell Street closure.
Janice Anderson: Thank you.
- 52-
Item V-K.5.
PLANNING
ITEM # 54650 (Continued)
8. All conditions of the conditional use permit approved for
Virginia Beach Christian Life Center, dated 10/14/03, shall
remain in effect.
-,
7. Should the antennae cease to be used for a period of more than
one (1) year, the applicant shall remove the antennae and their
supporting tower and related equipment.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second of November, Two
Thousand Five
Voting:
9-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer. Vice Mayor Louis R. Jones, Richard
A. Maddox. Mayor Meyera E. Oberndorf, Peter W. Schmidt. Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Jim Reeve
November 22, 2005
- 51 -
Item V-K5.
PLANNING
ITEM # 54650
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance
upon application of SPRINTCOM, INC. for a Conditional Use Permit re development of a communication
tower:
ORDINANCE UPON APPLICATION OF SPRINTCOM, INC. FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
R0110534134
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of SprintCom, Inc. for a Conditional Use
Permit for a communication tower on property located at 1000 North
Great Neck Road (GPIN 24081388720000). DISTRICT 5 -
LYNNHA VEN
The following conditions shall be required:
1. The tower shall be constructed substantially in adherence to the
site plans entitled "Sprint, Virginia Beach Christian Life
Center ", prepared by Fullerton Engineering Consultants, Inc.,
and dated 3/22/05. This site plan has been exhibited to City
Council and is on file with the Department of Planning.
2. The tower shall be limited in height to one hundred thirty (130) feet.
3. The tower shall be constructed to accommodate equipment for
two (2) additional wireless providers as depicted on the
submitted site plans.
4. Unless a waiver is obtained from the City of Virginia Beach
Department of Communications and Information Technology
(COMIT), a radio frequency emissions study (RF Study),
conducted by a qualified engineer licensed to practice in the
Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency
communications facilities, shall be provided prior to site plan
approval for the tower and all subsequent users.
5. In the event interference with any City emergency
communications facility arises from the users of this tower, the
user(s) shall take all measures reasonably necessary to correct
and eliminate the interference. If the interference cannot be
eliminated within a reasonable time, the user shall immediately
cease operation to the extent necessary to stop the interference.
6. The applicant shall submit a tree protection plan for review and
approval before any disturbance of the site.
November 22, 2005
RICHMOND 20MHz
Mop~~f.l-~co]e Richmond 20MHz LLC d/b/a N-Telos
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Modification of Conditions
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Relevant Information:
· Lynnha-ven District
· The applicant is requesting a modification to the 2005 Conditional
Use Permit permitting a 130-foot tall stealth communication tower.
· The applicant desires to add an additional wireless communication
provider to the tower, which necessitates modification of the tower.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0).
Consent agenda
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RICHMOND 20M HZ, LLC, Modification of Conditions, approved by City
Council on November 22,2005, 1000 Great Neck Road. L YNNHAVEN DISTRICT.
MEETING DATE: May 26,2009
. Background:
The applicant is requesting a modification to a Conditional Use Permit permitting
a 130-foot tall stealth communication tower and associated ground-level
maintenance cabinets. The request was approved by the City Council on
November 22, 2005, and has eight (8) conditions.
The applicant requests modification of Conditions 1 and 3, which pertain to the
locations of antennas on the tower and the number of antenna arrays allowed on
the tower.
. Considerations:
Condition 1 requires a specific type of tower and antenna arrangement. The
tower has only three (3) locations on the tower for antenna arrays. The applicant
desires to add an additional wireless communication provider to the tower.
Condition 3 indicates that the tower must be constructed to accommodate
equipment for two (2) additional wireless providers. The applicant requests
revision of that condition to accommodate equipment for a total of three (3)
additional wireless providers.
The proposed antennas, equipment cabinets, and their proposed locations
comply with the requirements of the City Zoning Ordinance provided in Section
232, as well as with all federal regulations required by the Federal
Communications Commission (FCC) and Federal Aviation Administration (FAA).
The applicant submitted the required structural report indicating that the existing
tower's design with the proposed additional carrier meets the requirements of the
International Building Code. The applicant also submitted a Nonionizing
Electromagnetic Radiation Report (NIER), indicating that emissions do not result
in ground level exposure at any point outside the facility and is within compliance
with all regulatory agencies and standards.
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Page 2 of 2
The proposed flush-mounted antennas will not be intrusive to the visual
aesthetics of the community and represent the best alternative for the need in
service in this area.
There was no opposition to this request.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0 to recommend to the City Council approval of
this request with the following conditions:
1. All conditions with the exception of Number 1 and Number 3 attached to the
Conditional Use Permit granted by the City Council on November 22, 2005
remain in effect.
2. Condition Number 1 of the November 22, 2005 Conditional Use Permit is
deleted and replaced with the following:
The tower shall be constructed substantially in adherence to the site plans
entitled "nTelos, NR-5434 Colonial Oaks 1000 North Great Neck Road
Virginia Beach, VA 23454, Sheets T-1, N-1, N-2, N-3, C-1, C-2, C-2A, C-3,
C-4, C-5" prepared by ALLPRO Consulting Group, Inc., and dated
Revision 2 12/01/08 Zoning. This site plan has been exhibited to city
council and is on file with the Department of Planning
3. Condition Number 3 of the November 22, 2005 Conditional Use Permit is
deleted and replaced with the following:
The tower shall be constructed to C!ccommodate equipment for three (3)
additional wireless providers as depicted on the submitted site plans
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department A ~
City Manager~ It. .~~ ~
#2
April 8, 2009 Public Hearing
APPLICANT:
RICHMOND 20MHZ,
LLC d/b/a NTELOS
PROPERTY OWNER:
1000 N. GREAT
NECK ROAD, LLC
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for a communications tower (approved by the City Council on
November 22,2005).
ADDRESS / DESCRIPTION: 1000 N. Great Neck Road.
GPIN:
24081377690000
ELECTION DISTRICT:
LYNNHAVEN
SITE SIZE:
21.51 acres
AICUZ:
Communications tower is
located in 65 - 70 dB DNL
SUMMARY OF REQUEST
The applicant is requesting a modification to the Conditional
Use Permit permitting a 130-foot tall stealth communication
tower and associated ground-level maintenance cabinets. The request was approved by the City Council
on November 22,2005. The Conditional Use Permit has eight (8) conditions:
1. The tower shall be constructed substantially in adherence to the site plans entitled "Sprint,
Virginia Beach Christian Life Center", prepared by Fullerton Engineering Consultants, Inc., and
dated 3/22/05. This site plan has been exhibited to city council and is on file with the Department
of Planning.
2. The tower shall be limited in height to one hundred thirty (130) feet.
3. The tower shall be constructed to accommodated equipment for two (2) additional wireless
provided as depicted on the submitted site plans.
4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COM IT), a radio frequency emissions study (RF Study), conducted by a
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Jtem 2
Page 1
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the
intended user(s) will not interfere with any city of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the tower and all subsequent users.
5. In the event interference with any City emergency communications facility arises from the users
of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate
the interference. If the interference cannot be eliminated within a reasonable time, the user shall
immediately cease operation to the extent necessary to stop the interference.
6. The applicant shall submit a tree protection plan for review and approval before any disturbance
of the site.
7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall
remove the antennae and their supporting tower and related equipment.
8. All conditions of the con-ditional use permit approved for Virginia Beach Christian Life Center,
dated 10/14/03, shall remain in effect.
The applicant requests modification of Conditions 1 and 3.
Condition 1 requires a specific type of tower and antenna arrangement. That tower had only three (3)
locations on the tower for antenna arrays. The applicant desires to add an additional wireless
communication provider to the tower, which necessitates modification of the tower.
Condition 3 indicates that the tower must be constructed to accommodate equipment for two (2)
additional wireless providers. The applicant requests revision of that condition to accommodate
equipment for a total of three (3) additional wireless providers.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church, associated parking, and limited vregetation occupy this site
SURROUNDING LAND North: .
USE AND ZONING:
South: .
.
East: .
West: .
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
Princess Anne Memorial Park (cemetery) / R-10 Residential
District
Old Donation Parkway
Across Old Donation Parkway, single-family dwellings / R-10
Residential District
Single-family dwellings / R-10 Residential District
Great Neck Road
Across Great Neck Road, single-family dwellings / R-20
Residential District
The majority of the site is impervious, as it is developed with a structure
and a parking lot. There are no known significant natural resources or
cultural features on this site.
RICHMOND 20 MHZ, LLG d/b/a NTElOS
Agenda Item 2
Pag~ 2
IMPACT ON CITY SERVICES
The addition of one wireless provider to the existing tower will have no significant impact on City services.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Evaluation:
The proposed Modification to the Conditional Use Permit for an additional cellular telephone antenna on
the tower is compatible with the land use planning policies of the Comprehensive Plan.
The subject communications antennas, equipment cabinets, and the location thereof complies with local
zoning requirements stated in Section 232 of the City Zoning Ordinance, and all federal regulations
required by the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA).
The applicant submitted the required structural report indicating that the existing tower's design with the
proposed additional carrier meets the requirements of the International Building Code. The applicant also
submitted a Nonionizing Electromagnetic Radiation Report (NIER), indicating that emissions do not result
in ground level exposure at any point outside the facility and is within compliance with all regulatory
agencies and standards.
In sum, staff concludes that the proposed additional wireless provider on the tower is consistent with the
standards provided in the City Zoning Ordinance for wireless communication towers. The proposed flush-
mounted antennas will not be intrusive to the visual aesthetics of the community and represent the best
alternative for the need in service in this area.
CONDITIONS
1. All conditions with the exception of Number 1 and Number 3 attached to the Conditional Use Permit
granted by the City Council on November 22, 2005 remain in affect.
2. Condition Number 1 of the November 22, 2005 Conditional Use Permit is deleted and replaced with
the following:
The tower shall be constructed substantially in adherence to the site plans entitled "nTelos,
NR-5434 Colonial Oaks 1000 North Great Neck Road Virginia Beach, VA 23454, Sheets T-1,
N-1, N-2, N-3, C-1, C-2, C-2A, C-3, C-4, C-5" prepared by ALLPRO Consulting Group, Inc.,
and dated Revision 212/01/08 Zoning. This site plan has been exhibited to city council and is
on file with the Department of Planning
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Item 2
PaOe 3
3. Condition Number 3 of the November 22, 2005 Conditional Use Permit is deleted and replaced with
the following:
The tower shall be constructed to accommodate equipment for three (3) additional wireless
providers as depicted on the submitted site plans
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.
RICHMOND 20 MHZ, LLC d/b/a NTE~OS
Agenda It~tn 2
Page 4
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AERIAL OF SITE LOCATION
RICHMOND 20 MHZ, LLC d/b/a NTEI..OS
Agenda Iter 2
Page 5
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RICHMONO 20 MHZ. LLG d/b/a N1ELOS
Agenda \tetP 2
Page 6
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RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Item 2
Page 8
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11/22/05
Modification of Conditions
Conditional Use Permit (Communications Tower)
Conditional Use Permit (Church Expansion)
Conditional Use Permit (Church Expansion)
Conditional Use Permit (Pre-school)
Conditional Use Permit (Church Expansion)
Conditional Use Permit (Church Expansion)
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04/26/76
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Subdivision variance
Conditional Use Permit (Pre-school)
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Granted
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ZONING HISTORY
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Itef'Tl 2
Page 9
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Agendaltetn 2
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Agenda Item 2
Page 11
SURE 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
!':Af\/;~es: (Attach list if necessary)
, "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, (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,
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according 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,
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Agenda Item 2
Page 12
1/.1
RICHMOND 20MHZ, LL.C.
Written Consent of Sole Member
in Lieu of Annual Meeting of Members
June 1. 2007
The unoerslgned, being the sole member of RICHMOND 2OMHZ, LLC.. a Virginia
limited liability company (the 'Company'), acting pursuant to Sectjor 18-302 and 16-407 or the
Delaware limIted Liability Company Act, as amended. hereby adoptS and a.oproves the foHowing
rosolutiCh') by written consent In lieu ot ar: annual meeting of members waiving aJ! rights to notice
thereof. whether statutory or otherwise:
1. Election of Officers
RESOLVED thsl the following oersons, whose names are sel forth below. arc hereby
eiectec te the office set forth opposite their names, to serve in such office unlii the next annua(
meeting of the 80arc or until his or her SJcceSsor is oul,' eJected ant qualifies:
James S, Quarforth
Chairmar and ChIef Executive Officer
:;an A. Rosberg
;:lresldent
David R. Maocaretll
Exeoulive Vice Presi~e;1t
Micnlil.e, 8, Moneymaker
Exeoutive Vice President, Chiet Fk:!l:"1ciaJ Omcer.
Treasurer a'1d Sec'etary
h\a:-y rJicJermOlt
Be:.hO: Vic~ Pras~G:$'1:
RODert i... McAvoy'. Jr.
Vice Presioem
s,'1lrley J. MadIson
Assistant Secretary
2. Ratlficatkm: Counterparts; Effeotlve Time
RESOLVED, that each and all of the lawful acts oj the officers of Ine Company carryirog
out and promot~'1g the purposes, objects and Interests of the Com;::ar>)' shee the most recent
annual meethg Of members of the Company De, and the sa'11e he"~by are. aporoved, ra!ffieci and
made Ihe acts Bno deeClS of the Company; and be it further
RESOLVED. this Written Consent 01 Sole Member In Lieu of AhnUBi Meeting of Merr.tlers
may be executed in any number of counterparts, each of which. when taken together. shall be
deemed for all purposes an original and all Of which shall constItute one and the same instrument;
and be it fu1her
RESOl VEO. that this Written Consent of Soie Memtler tn ~jeu 0' Annual Meetino of
Members sha!1 be effective as of ltle date firsl wrinen above; aM be it further -
RESOLVED, that Written Consent of Sole Member in Lieu of Annual Meeting 0'
Members shall be placed with the minutes of the proceedings of the members of the Company.
[Signatures appear on the followlng page.]
RICHMOND 20 MHZ, LLC d/b/a NTEl;.OS
Agenda Itern 2
Page 13
/3C
IN WITNESS WHEREOF, undersigned Sole Mamba' has executed this Wrttten Consent
01 SOfs Manager in Lieu 01 Annual Meeting of Memoers as 0; the date firs! wrltten above.
VIRGINIA RSA I) LLC
By: NTELOS CommLmfcations ire..
its SoJe Membar
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Chief Executive Officer
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Item 2
Page 14
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RICHMOND 20MHZ L.L..C.
Written Consent of Sole Member
in lieu of Annual Meeting of Members
June 1,2007
it1e undersigned, being the sole member of RICHMOND 20MHZ !...l...C., a Virginia
Ih'llltad !labilITy company (the "Comearw"), actin;; pursuant te Section 18.302 and 18-407 of ttie
Delaware limited Liability Compen)' Act. as amended. hereby adopts and aporoves the iollowing
resolutions by written consent in lieu of an annual maeting 0; members. waiving al! ngnts lC notioo
thereof, whether statutory or otherwise:
1. EfecUon of Manaaers
RESOLVED. that tne following indiViduars are hereby electec as managers cf the
Company, each to serve in such capacity un!!! the next annual meett:>g o! members of the
Company or until his 0' her successo. Is elected and qualifies:
David R, MaccareIU
Mary Mc::>ermott
Michael B. Moneymaker
James S. Quarlo1h
Carl A. Rosoerg
2. Ratification: Countel1la:1,,; Effective Time
RESOLVED. that each and all of ins lawful resOIuiions, acts and proceedinos of tne
E;ai::: of rv~a;1agerz carrying ou: a""l~ prc;:;c~i1g 1he f'J:"PCS9'5, objects sr,c. inter~st r:l the
Company since th$ most recent ann~al meeting of the members of 1M Companr be. and the
same hereb)' are, approl'oo, rallfied and made the acts and deeds of the CO/Tlpal"lj': and be tt
further
RESOLVED, that this Written Consanl of Sole ,.1ember in Lieu 0' Annual Meeting of
Msmbers Shali be effective as or the oalS lirs! wMUst' above: ana be it further
RESOLVED, that this Written CQnsent or Sole ~mber In Lieu of Annual Meeting of
I\~mbem shalf be p'ace::! wlti.., the minutes of the prDceedings ~ the members 01 the Company.
iN WITNESS WHEREOF, u!l:ie~signec Sola Member of the Company has executed thIS
Written Consent of Sole Membe- in Lieu 0' Armuai Meeting of 1\lambers as 0' the date first written
above,
VIRGINIA P.SA 6 LLC
By: NTELOS CommunicaHoi'lS Inc.,
ils Sole Member
v7ez;ar
/J6mes S. Quarforth
Chief Executive Officer
DISCLOSURE STATEMENT
RICHMOND 20 MHZ, LLC d/b/a NTELOS
Agenda Item 2
Page 15
Item #2
Richmond 20MHz, L.L.c.
Modification of Conditions
1000 Great Neck Road
District 5
Lynnhaven
April 8, 2009
CONSENT
Janice Anderson: The next group of matters we are going to address are the matters that
have been placed on our consent agenda. Our Vice Chair Joe Strange will be handling that
section for'us.
Joseph Strange: Thank you Madame Chairman. This afternoon we have 13 items on the
consent agenda. The first matter is agenda item 2, an application of Richmond 20MHz,
L.L.C. for a Modification of Conditions for a request approved by City Council on
November 22, 2005. The property is located at 1000 Great Neck Road, District 5,
Lynnhaven, with three (3) conditions. Is there a representative on this application?
Janice Anderson: Welcome.
Glenn Hampton: Good afternoon. For the record, my name is Glenn Hampton, I'm an
attorney. My business address is 501 Independence Parkway, Chesapeake, here representing
NTelos, which is Richmond MHz. Weare in support ofthis and agree to all the conditions.
Joseph Strange: Thank you very much. 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: Good afternoon. This is an application by NTelos for a Modification of a
Conditional Use Permit for a communication tower that was approved by City Council on
November 22,2005. The applicant requests a Modification of Conditions one and three.
Condition 1 required a specific type of tower and antenna arrangement. The tower only had
three locations and they are requesting an additional wireless communication provider for
that tower. Condition 3 indicates that the tower must be constructed to accommodate
equipment for two additional wireless providers. They are requesting an additional provider
making it a total ofthree. Planning staff didn't see a problem with those conditions. We
agree with staff, therefore, we put it on the consent agenda. Thank you.
Joseph Strange: Thank you Kathy. Madame Chairman, I will make a motion to approve
agenda item 2.
Janice Anderson: I have a motion by Joe Strange and a second by Kathy Katsias.
AYE 10
NAY 0
ABSO
ABSENT 1
I I
Item #2
Richmond 20MHz, L.L.C.
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
KATSIAS
LIV AS
REDMOND
RIPLEY
RUSSO
STRANGE
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 2 for consent.
I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Adoption of Official Zoning Map
MEETING DATE: May 26,2009
.' Background:
An Ordinance to adopt a new Official Zoning Map, which shall replace the
existing Official Zoning Map, due to a change in the computer mapping format
used to store the map data and develop the printed copies.
. Considerations:
The City's Official Zoning Map, rather than being one map, consists of a series of
263 maps that are produced by printing from a computer through the use of a
Computer Aided Design (CAD) program. During the 1980s and the early years of
the 1990s, the maps were hand-drawn and maintained on vellum paper and
reproduced using the traditional 'blueprint' process. During the 1990s, the maps
were transferred to the current CAD system, where they are stored digitally and
printed as needed to a plotter. The maps are also available online as an Adobe
PDF download. Several of each map in the series is kept available at the
Department of Planning for customers to purchase. Two complete sets of the
maps are kept in the Planning Department for reference purposes. While this
system of map maintenance and printing has proved adequate, the maps are
nothing more than drawings on a computer program, which limits their usefulness
for analysis purposes and prevents the maps from being added to the online
MapGuide mapping program as a data layer.
Thus, in 2004, the Planning Department began efforts to convert the zoning
maps from a CAD software program to a Geospatiallnformation System (GIS)
mapping software. With assistance from the Department of Communications and
Information Technology (Com IT), Planning Department staff drew each of the
maps into the new software program. The maps were printed and checked for
accuracy a number of times to insure that each map was equivalent to the
existing maps in regard to zoning boundaries and district designations.
the current request is for adoption of a new Official Zoning Map, which differs
from the existing Official Zoning Map only in that the various maps that make up
the Official Zoning Map are (1) stored as data in a GIS rather than a CAD
computer program and (2) have a different appearance than the current maps.
There are no changes to either the zoning boundaries or the zoning designations
of any property between the current maps and the new maps.
CITY OF VIRGINIA BEACH - ZONING MAPS
Page 2 of 2
There was no opposition to this request.
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0 to recommend to the City Council adoption of
the new Official Zoning Map.
. Attachments:
Staff Review
Ordinance of Adoption
Planning Commission Minutes
Recommended Action: Staff recommends adoption. Planning Commission recommends
adoption. \
\
Submitting Department/Agency: Planning Department Ii /~
City Manage~ ~ ,~~ V
I I
#16
May 13, 2009 Public Hearing
CITY OF VIRGINIA BEACH
ADOPTION OF OFFICIAL ZONING MAP
An Ordinance to adopt a new Official Zoning Map, which shall replace the existing Official Zoning Map,
due to a change in the computer mapping format used to store the map data and develop the printed
copies. There are no changes between the current and proposed maps in regard to the zoning districts or
to their existing locations.
SUMMARY
The City's Official Zoning Map, rather than being one map,
consists of a series of 263 maps that are produced by printing from a computer through the use of a
Computer Aided Design (CAD) program. During the 1980s and the early years of the 1990s, the maps
were hand-drawn and maintained on vellum paper and reproduced using the traditional 'blueprint'
process. During the 1990s, the maps were transferred to the current CAD system, where they are stored
digitally and printed as needed to a plotter. The maps are also available online as an Adobe PDF
download. Several of each map in the series is kept available at the Department of Planning for
customers to purchase. Two complete sets of the maps are kept in the Planning Department for reference
purposes. While this system of map maintenance and printing has proved adequate, the maps are
nothing more than drawings on a computer program, which limits their usefulness for analysis purposes
and prevents the maps from being added to the online MapGuide mapping program as a data layer.
Thus, in 2004, the Planning Department began efforts to convert the zoning maps from a CAD software
program to a Geospatiallnformation System (GIS) mapping software. With assistance from the
Department of Communications and Information Technology (Com IT}, Planning Department staff drew
each of the maps into the new software program. The maps were printed and checked for accuracy a
number of times to insure that each map was equivalent to the existing maps in regard to zoning
boundaries and district designations.
There are a number of benefits to converting the zoning maps to a GIS, including being able to provide
data related to zoning, conduct analyses, and add the zoning districts as a layer on the online mapping
system that resides on the City's Internet and Intranet sites.
In sum, the current request is for adoption of a new Official Zoning
Map, which differs from the existing Official Zoning Map only in that the
various maps that make up the Official Zoning Map are (1) stored as data in a GIS rather than a CAD
computer program and (2) have a different appearance than the current maps. There are no changes to
either the zoning boundaries or the zoning designations of any property between the current maps and
the new maps.
RECOMMENDATION
Staff recommends approval of the ordinance adopting the new maps as the Official Zoning M~p.
CITY OF VIRGINIA BEACH / ZONING MAP
Agenda Itern 16
Page 1
I ,
1 AN ORDINANCE TO ADOPT A NEW OFFICIAL
2 ZONING MAP
3
4 WHEREAS, the public necessity, convenience, general welfare and good zoning
5 practice so require;
6
7 WHEREAS, the City of Virginia Beach has determined to change the computer
8 mapping format used to store and print the maps and other data contained in the official
9 zoning map; and r
10
11 WHEREAS, no district boundaries or other substantive data have been changed on
12 the new zoning map;
13
14 NOW, THEREFORE, BE IT ORDAINED BYTHE CITYCOUNCILOFTHE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the official zoning map of the City of Virginia Beach be, and hereby is,
18 readopted, as shown on a series of sheets that have been marked and identified as such,
19 have been displayed before the City Council this date, and are on file in the Department of
20 Planning.
21
Adopted by the City Council of the City of Virginia Beach, Virginia on this _ day
of ,2009.
Approved as to Content:
Approved as to Legal Sufficiency:
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1/ J [U~#l /)~I TU!lJ
City Attorney's Office
CA-11115
R-3
April 27, 2009
Item #16
City of Virginia Beach
An Ordinance to Adopt a New Official Zoning Map
May 13, 2009
CONSENT
Joseph Strange: The next matter is item 16. An Ordinance to adopt a new Official Zoning Map
which shall replace the existing Official Zoning Map due to a change in the computer mapping
format used to store the map data and develop a printed copy. There are no changes to the
zoning districts or to their existing locations. Is there any opposition to this matter being placed
on the consent agenda? The Chair has asked Dr. Stephen White to review this item.
Stephen White: Thank you Mr. Strange. Item16 sounds ominous when you say "adopting a new
Official Zoning Map", but it is not ominous at all. The reason why we're doing this is the zoning
map that we currently have is on an antiquated computer system.. It is time for the Planning
Department and the City to put the zoning map into the 21 5t Century. So, were moving it from
what's called a CAD System into a GIS, which will make it smarter. We will be able to do
some calculation and analysis with it. It will also allow the public to be able to view the zoning
maps online, on the Internet on the City's website, something that can't be done now very easily.
There are no changes to any of the boundaries. No changes to district designations, but the maps
are certainly a lot better looking.
Joseph Strange: Okay. Thank you Stephen.
Stephen White: You're welcome.
Joseph Strange: Madame Chair, I have a motion to approve item 16.
Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by
Don Horsley.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIV AS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 16 for consent.
I I
M. APPOINTMENTS
BA YFRONT ADVISORY COMMITTEE
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY PROGRAM
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOATRD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
t<. m-\}llNlSllED '8\JSU'll!'sS
O. NE~ B\lSlNESS
p. ^DJO~Ern:
I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCUACnONS
V
I
DATE: 05/12/2009 L
PAGE: I D S L
E D H E A W
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I/A BRIEFING:
NOISE ORDINANCE Mark D, Stiles,
City Attorney
lVIII/IV CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y Y Y Y Y Y A Y A Y
VNI-E SESSION B
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F-I MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
INFORMAL and FORMAL SESSIONS -
Apri128,2009
G-H PRESENTATION
HAMPTON ROADS ROTARY CLUB Robert Herd,
Chair-4 Way
Test Committee
and two (2)
students
I-I PUBLIC HEARINGS:
FY 2009-2010 RESOURCE 3 Speakers
MANAGEMENT PLAN
FY 2009-2010 Operating/Capital
Budgets
LEASES OF CITY OWNED
2 PROPERTY No Speakers
a. 457 Rudder Road
b, 461 Rudder Road
c, 1409 Old Virginia Beach Road
d, Foxwood DrivelS, Independence Blvd,
- Timberlake Community Association,
Inc,
e, 205 Laskin Road - Jady's Popcorn
J/K-I Ordinances re City Code:
a, REPEAL ~ 33-17/ADD Article II ADOPTED, BY 9-1 Y Y Y Y Y Y Y A N Y Y
with 9 23-63 - 23-73 to Chapter 23 re: CONSENT
Noise
b, AMEND 9 2-468 re: right-to-audit ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
clauses in Contracts CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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2 Ordinance to AUTHORIZE a ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
Forbearance Agreement with (SPSA) re: CONSENT
DaVInents owed the City
3 Resolution to PROVIDE the issuance/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
sale of GO Bonds, Series 2009, in max CONSENT
of $80,000,000 re: schools/roadways/
coastal projects/economic/tourism!
buildings/parks/recreation
4, Ord/Resol re: FY 2009-10 RESOURCE
MANAGEMENT PLAN
a, FY 2009-10 Operating Budget:
I. APPROPRIATE FY 2009-20 I 0 ADOPTED, BY 8-2 Y N Y Y Y Y Y A N Y Y
$1,763,292,679 for Operations/ CONSENT
$617,334,358 Interfund Transfers
2, ESTABLISH tax levy on real estate for ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
FY 2010 CONSENT
3, . ESTABLISH tax levy on personal ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
property/machinery and tools for Year CONSENT
2010
Ii 10-0
ADOPTED, BY Y Y Y Y Y Y Y A Y Y Y
4, AUTHORIZE Annual Funding Plan to CONSENT
(HUD)
ADOPTED, BY 9.1 Y N Y Y Y Y Y A Y Y Y
5, TRANSFER $8,800,000 from School CONSENT
Reserve Revenue Fund to FY 2008-09
Operating Budget
ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
6, DECLARE $9,000,000 within CONSENT
Sand bridge (TIF) as surplus
CONSENT TO 10-0 Y Y Y Y Y Y Y A Y Y Y
7, Transition Area Special Revenue Fund TEMPORARILY
SUSPEND
DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y
8, AUTHORIZE future budgets as 6/9/09, BY
Annual vs Biennial CONSENT
DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y
9, ELIMINATE ~ 2-186.1 of City Code re: INDEFINITELY,
preparation of the budget BY CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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b, FY 2009-10 Capital Budget: ADOPTED, BY 10-0 Y Y Y Y Y Y -- Y A Y Y Y
CONSENT
I. AUTHORIZE FY-20101FY-2014 (CIP)/
APPROPRIATE $236,429,109 FY 2010
Capital Budget
2, AUTHORIZE issuance of GO
Bonds max of $62,900,000
3, AUTHORIZE issuance of Water/Sewer
Bonds in max amount of $17,000,000
5, Ord to TRANSFER $150,000 ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
to Norfolk Southern Railway R-O-W CONSENT
survey re: environmental/studies/
survev costs
6 Ord to AUTHORIZE Development ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
Authority to award $400,000 Art Institute of CONSENT
Virginia Beach at Town Center
7 Ord to AUTHORIZE maximum ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
amounts for sale/rental of Workforce CONSENT
Housing Units,
ADD ON Ord to AMEND 9 7-58 of City Code re: ADDED, 10-0 Y Y Y Y Y Y Y A Y Y Y
wheeled devices ADOPTED, BY
CONSENT
8, Ord to AUTHORIZE pilot program! ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y y
establish a pedal cab service in the Resort CONSENT
Area
9 Ord to AUTHORIZE LEASES of City
property:
a, PIN MINISTRY re: affordable housing at ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
457/461 Rudder Road. CONSENT
b, (VBCDC) re: affordable rental housing at ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
] 409 Old Virginia Beach Road, CONSENT
c, TIMBERLAKE COMMUNITY ADOPTED, BY 10-0 Y Y y Y Y Y Y A Y Y Y
ASSOC re: storage of major recreational CONSENT
equipment at Foxwood Drive/South
Independence Boulevard,
d, JODY'S INe. re: outdoor seating area at ADOPTED, BY 9-0 Y Y Y Y Y Y A A Y Y Y
205 Laskin Road, CONSENT B
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L-l. ROBERT BURIQ<: Expansion of a ADOPTED, 10-0 Y Y Y Y Y Y Y A Y Y Y
Nonconforminl! Structure at 5504 Ocean CONDITIONED,
Front Avenue (deferred April 28, 2009), BY CONSENT
DISTRICT 5 - L YNNHA VEN
2 BEVERLY ARMSTRONG APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
Exoansion of a Nonconforminl! CONDITIONED,
Structlrre at 7300 73'd St (deferred BY CONSENT
March 10, 2009),
DISTRICT 5 - L YNNHA VEN
3 REFORMED BAPTIST CHURCH APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
CUP re church at 2230/ 2234/2240 REVISED
Salem Road (deferred April 28, 2009), CONDITIONS,
DISTRICT 7 - PRINCESS ANNE BY CONSENT
4 Christian House of Prayer CUP re: APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
religious services at 333 Edwin Drive, CONDITIONED,
DISTRICT 3 - ROSE HALL BY CONSNET
5 Ground Zero Church CUP to conduct APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
religious services at 485 South REVISED
Lynnhaven Road, CONDITIONS
DISTRICT 3 - ROSE HALL FOR
COMPLIANCE,
BY CONSENT
6 Faith Temple Church CUP re: church APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
at I52-B South Plaza Trail. REVISED
DISTRICT 3 - ROSE HALL CONDITIONS
FOR
COMPLIANCE,
BY CONSENT
7 Harvey Orr CUP re: home occupationl APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
custom made furniture at 1545 Harbor CONDITIONED,
View Cove, BY CONSENT
DISTRICT I - CENTERVILLE
8 Richmond 20MHZ, LLC., dba APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y
NTELOS CUP re: communications CONDITIONED,
tower at 3429 Clubhouse Road, BY CONSENT
DISTRICT 3 - ROSE HALL
9 Euclid Properties, LLC C OZ from R-5D to APPROVED AS 9-0 Y Y y Y Y Y A A Y Y Y
Conditional B-2 re: addition to existing PROFFERED, B
office building at 4756 Euclid Road, BY CONSENT S
DISTRICT 2 - KEMPSVILLE T
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10 Ord to AMEND ~201 of (CZO) re: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
setbacks for front porches/handicapped CONSENT
ramps
II Ord to AMEND ~ 111/~225,1 of (CZO)re: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
Bed and Breakfast Inns CONSENT
12 Church Point Manor, LLC., MODIFIED, 9.0 Y A Y Y Y Y Y A Y Y Y
Modification of Condition Nos, 1/2 re: CONDITIONED, B
individuals in dining areal number of BY CONSENT S
lodging rooms at 400 I Church Point T
Road A
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CHESAPEAKE BAY ALCOHOL
SAFETY PROGRAM
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
N/O/P ADJOURNMENT 6:39 PM
PUBLIC COMMENTS 4 SPEAKERS
Non-Agenda Items
6:40-6:50 PM