HomeMy WebLinkAboutOCTOBER 13, 2009 AGENDA
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
OTY COUNOL
MAYOR 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 J
BARBARA M. HENLEY. Princess Anne - District 7
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON. At-Large
JAMES L, WOOD. Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - MARK D. STILES
CITY ASSESSOR - JERALD BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
13 OCTOBER 2009
I.
CITY MANAGER'S BRIEFINGS:
- Conference Room -
A. FAA RADAR UPDATE
Steve Herbert, Deputy City Manager
B. PIER SETBACKS
Karen Lasley, Zoning Administrator
C.' CHINESE DRYWALL
Cheri Hainer, Permits and Inspections Administrator - Planning
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
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CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
3:30 PM
VI. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Karl Sexton
Pastor
Gateway Free Will Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
September 22,2009
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying the
Lynnhaven Middle School site to the School Board.
2. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of a parcel
of land near Kings Grant Elementary at 586 North Lynnhaven Road.
DISTRICT 5 - L YNNHA VEN
3. Ordinance re the ASSIGNMENT of the Sublease for the First Tee at the Virginia Beach
National Golf Course from Hampton Roads Junior Golf Foundation to the YMCA of
South Hampton Roads.
4. Resolution re an AGREEMENT between the City and the Hampton Roads Center for
Civic Engagement (HRCCE) to provide a Transportation Dialogue program to
complete the public input process.
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5. Resolution to REFER to the Planning Commission an Ordinance to AMEND ~111 of
the City Zoning Ordinance (CZO) re the definition of adult bookstores.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a
portion of an existing brick walk to construct and maintain a cobblestone curb and modify
an existing cobblestone planter at 53-'i1 Street and 5303 Ocean Front Avenue.
DISTRICT 5 - L YNNHA VEN (Deferred September 22, 2009)
7. Ordinance to ESTABLISH the FEMA Administrative Cost Grant, a subgroup of the
EmergencyFEMA Fund, TRANSFER $99,852 and $184,157 from the Federal
Emergency Management Agency (FEMA) deployment grants re the Virginia Task Force
2 Urban Search and Rescue Team.
8. Ordinance to APPROPRIATE $93,430 to the Police Department's FY2009-1O
Operating Budget from the fund balance of the DEA Seized Property Special Revenue
Fund re purchase of equipment.
9. Ordinance to ACCEPT and APPROPRIATE from the Department of Criminal Justice
Services (DCJS) $20,847 additional funding to the Commonwealth Attorney's Office FY
2009-10 Operating Budget re the Victim Witness Program.
10. Ordinance to APPROPRIATE $9,940 from the fund balance of the Proffer Impact Fund
to refund overpayment of open space proffer fees to The Victoria Park Residential
Development.
J. PLANNING
1. Application of SANDLER AT BRENNEMAN FARM, L.L.C. for an Amendment to
PD-H2 Land Use Plan at Brenneman Farm (Nichols Park at Lexington) to convert 76
three (3)-story carriage-style homes to 76 two (2)-story townhomes at Nichols Ridge
Road, Willow Croft Drive and Totteridge Lane.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
2. Application of HEBRON CORNERSTONE CHURCH INTERNATIONAL/CS
COMMERCIAL PROPERTIES, LLC, for a Conditional Use Permit re a church
renovation at 5565 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE 3
RECOMMENDATION
APPROVAL
3. Application of ATLANTIC MARINE CONSTRUCTION, INC. for a Conditional Use
Permit re a bulk storage yard at 3465 Chandler Creek Road.
DISTRICT 3 - ROSE HALL
DEFERRED
RECOMMENDATION
SEPTEMBER 10, 2008 and JULY 8, 2009
APPROVAL
4. Application of BOB and DEBRA BURTON for a Conditional Use Permit re a
residential kennel at 1425 Drum Point Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDA nON
APPROVAL
5. Application of HAMPTON ROADS YOUTH and COMMUNITY ADVISORY
COUNCIL/PINEY GROVE BAPTIST CHURCH for Modification of Conditions
(approved by City Council on April 11, 1988) to add portable classrooms at 2804
Holland Road.
DISTRICT 7 - PRINCESS ANNE APPROVAL
RECOMMENDA nON
K. APPOINTMENTS:
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERV A nON AREA BOARD
HEALTH SERVICES ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
*********************************
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
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Thursday, November 12th
ANNUAL JOINT MEETING
General Assembly, City Council
and School Board
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Gloria 1O/13/09gw
www.vbl!.ov.com
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I.
CITY MANAGER'S BRIEFINGS:
- Conference Room -
2:00 PM
A. FAA RADAR UPDATE
Steve Herbert, Deputy City Manager
B. PIER SETBACKS
Karen Lasley, Zoning Administrator
C. CHINESE DRYWALL
Cheri Hainer, Permits and Inspections Administrator - Planning
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
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V. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
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VI. FORMAL SESSION AGENDA
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Karl Sexton
Pastor
Gateway Free Will Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
September 22,2009
G. FORMAL SESSION AGENDA
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.tsulutinu
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.
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H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinance to AUTHORIZE the City Manager to execute a Deed conveying the
Lynnhaven Middle School site to the School Board.
2. Ordinance to AUTHORIZE the City Manager to ACCEPT the dedication of a parcel
of land near Kings Grant Elementary at 586 North Lynnhaven Road.
DISTRICT 5 - L YNNHA VEN
3. Ordinance re the ASSIGNMENT of the Sublease for the First Tee at the Virginia Beach
National Golf Course from Hampton Roads Junior Golf Foundation to the YMCA of
South Hampton Roads.
4. Resolution re an AGREEMENT between the City and the Hampton Roads Center for
Civic Engagement (HRCCE) to provide a Transportation Dialogue program to
complete the public input process.
5. Resolution to REFER to the Planning Commission an Ordinance to AMEND ~111 of
the City Zoning Ordinance (CZO) re the definition of adult bookstores.
6. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned
right-of-way for SAMUEL W. ZIMMER to remove an existing block paver wall and a
portion of an existing brick walk to construct and maintain a cobblestone curb and modify
an existing cobblestone planter at 53-12 Street and 5303 Ocean Front Avenue.
DISTRICT 5 - L YNNHA VEN (Deferred September 22, 2009)
7. Ordinance to ESTABLISH the FEMA Administrative Cost Grant, a subgroup of the
Emergency FEMA Fund, TRANSFER $99,852 and $184,157 from the Federal
Emergency Management Agency (FEMA) deployment grants re the Virginia Task Force
2 Urban Search and Rescue Team.
8. Ordinance to APPROPRIATE $93,430 to the Police Department's FY2009-10
Operating Budget from the fund balance of the DEA Seized Property Special Revenue
Fund re purchase of equipment.
9. Ordinance to ACCEPT and APPROPRIATE from the Department of Criminal Justice
. Services (DCJS) $20,847 additional funding to the Commonwealth Attorney's Office FY
2009-10 Operating Budget re the Victim Witness Program.
10. Ordinance to APPROPRIATE $9,940 from the fund balance of the Proffer Impact Fund
to refund overpayment of open space proffer fees to The Victoria Park Residential
Development.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Deed Conveying the
City's Interest in the Lynnhaven Middle School Site to the School Board
MEETING DATE: October 13, 2009
. Background: Based upon a title examination performed on the Lynnhaven
Middle School Site (the "School Site"), it was determined that the School Site is titled in
the name of the City of Virginia Beach.
. Considerations: Virginia Code Section 22.1-125 requires that title to all school
property be vested in the School Board absent an agreement with the City to the
contrary. There is no agreement providing that the School Site is to be vested in the
City. Therefore, title to the School Site should be conveyed from the City to the School
Board.
. Public Information: There is no public hearing required because there is no
disposal of property. The City is retitling the property in the name of the School Board.
. Alternatives: Unless City CouncU enters into an agreement with the School
Board to retain ownership, Section 22.1-125 requires Council to re-title the property in
the name of the School Board.
. Recommendations: Approval
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Attachments:
Ordinance
Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Wor
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED CONVEYING THE
CITY'S INTEREST IN THE L YNNHAVEN MIDDLE
SCHOOL SITE TO THE SCHOOL BOARD
WHEREAS, based upon a title examination performed on the Lynnhaven Middle
School site located at 1250 Bayne Drive (GPIN: 2408-35-7034) (the "School Site"), it
was determined that the School Site is owned by the City of Virginia Beach;
WHEREAS, Virginia Code 922.1-125 requires that title to all school property be
vested in the School Board absent an agreement between the School Board and the
City to the contrary; and
WHEREAS, it is appropriate that title to the School Site be transferred from the
City to the School Board.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a deed conveying to the
School Board of the City of Virginia Beach, Virginia, the Lynnhaven Middle School site.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
of
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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blic Works/Real Estate
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City Attorney's Office
CA-11208
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October 13, 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance Authorizing the City Manager to Accept on Behalf of the City the
Dedication of 12,348 sq. ft. of Land near Kings Grant Elementary from the
School Board (Lynnhaven Borough)
MEETING DATE: October 13,2009
. Background: On August 3, 2007, the Lynnhaven-Little Neck Civic League
dedicated a 15.6 +/- acre parcel of land, located at 586 North Lynnhaven Road, to the
City of Virginia Beach for open space and outdoor recreational use. The property,
known as the Lynnhaven Athletic Complex, is adjacent to the south side of Kings Grant
Elementary School located at 612 North Lynnhaven Road.
The Lynnhaven Athletic Complex's driveway, which provides the only paved access to
the facility's parking lot from North Lynnha\'cn Road, encroaches on the Kings Grant
Elementary School property. When the Civic League dedicated Lynnhaven Athletic
Complex property to the City, School Administration and City staff developed a plan of
action to eliminate this pre-existing encroachment. The proposed real estate dedication
and resubdivision of the two properties would effectively eliminate the encroachment.
. Considerations: The School Board of the City of Virginia Beach proposes to
dedicate to the City of Virginia Beach 12,348 square feet (.28 acres) from the Kings
Grant Elementary School property (GPIN 1487-89-8764, formerly GPIN 1487-89-8645)
to the City's Lynnhaven Athletic Complex (GPIN 1487-99-8119, formerly GPIN 1487-99-
7303), as depicted on the attached proposed resubdivision plat.
. Public Information: The proposed dedication was advertised through the
official process associated with public notification of the City Council meeting agenda.
. Alternatives: No other alternatives are recommended as staff for both the
School Board of the City of Virginia Beach and the City of Virginia Beach believe that
the land dedication formalizes the public access to the Lynnhaven Athletic Complex that
already exists from Lynnhaven Road and eliminates the existing encroachment.
. Recommendations: Approve the ordinance authorizing the City Manager to
execute all documents necessary to accept the dedication of 12,348 square feet from
the School Board of the City of Virginia Beach, provided said documents are approved
by the City Attorney's Office.
.
Attachments:
Ordinance
Proposed resubdivision plat
Location map
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation ~
City Manager~ k-'06~
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ACCEPT ON BEHALF OF THE CITY
THE DEDICATION OF 12,348 SQ. FT. OF LAND
NEAR KINGS GRANT ELEMENTARY FROM THE
SCHOOL BOARD OF THE CITY (L YNNHA VEN
BOROUGH)
WHEREAS, the City of Virginia Beach owns the Lynnhaven Athletic Complex site
(GPIN 1487-99-8119, formerly 1487-99-7303);
WHEREAS, the School Board of the City of Virginia Beach owns the Kings Grant
Elementary School site (GPIN 1487-89-8764, formerly 1487-89-8645);
WHEREAS, a driveway consisting of 12,348 square feet (the "Encroachment
Area") leading to the Lynnhaven Athletic Complex site currently encroaches on the
Kings Grant Elementary School site;
WHEREAS, the School Board of the City of Virginia Beach has decided to
dedicate the Encroachment Area to the City of Virginia Beach to effectively eliminate the
encroachment; and
WHEREAS, the City of Virginia Beach agrees to accept the dedication of the
Encroachment Area from the School Board of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a deed on behalf of the
City of Virginia Beach accepting from the School Board of the City of Virginia Beach the
dedication of 12,348 square feet of land as more particularly described on Exhibit A
attached hereto and made a part of this Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
of
APPROVED AS TO CONTENT:
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CA-11206
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October 13, 2009
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Office
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, together with the
improvements thereon, situate, lying and being in the City of
Virginia Beach, Virginia designated and described as "AREA TO
BE CONVEYED TO THE CITY OF VIRGINIA BEACH 12,348
SQ. FT. OR 0.28348 Ac. (INCLUDED WITHIN AREA OF
PARK SITE C)", as shown on that certain plat entitled
"RESUBDIVISION OF LANDS OF THE CITY OF VIRGINIA
BEACH (INST. #20070803001054950) (M.B. 40 PG. 55) AND
SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH (D.H.
658 PG. 17)(M.B. 51 PG. 20) CITY OF VIRGINIA BEACH",
Scale 1" = 100', dated April 21, 2009 and revised through May 26,
2009, prepared by Department of Public Works/Engineering
Division/Survey Bureau, City of Virginia Beach, Virginia, which
plat will be duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Approve the Assignment of the Sublease for the First Tee at
Virginia Beach National Golf Course from Hampton Roads Junior Golf
Foundation to YMCA of South Hampton Roads.
MEETING DATE: October 13, 2009
. Background: The City leases the land that is used for the First Tee of Hampton
Roads program (the "First Tee") to the City of Virginia Beach Development
Authority ("VBDA"). VBDA in turn subleases the land for the First Tee to the
Hampton Roads Junior Golf Foundation (the "Foundation").
The terms and conditions of the Foundation's operation of the First Tee are
detailed in the Sublease between the Foundation and VBDA (the "Sublease")
and the Memorandum of Understanding dated as of May 16, 2000 and modified
as of August 18, 2005 (collectively, the "MOU").
The Foundation is in the process of winding up its affairs and terminating its
corporate existence. The YMCA of South Hampton Roads (the "YMCA") has
been responsible for the day-to-day operation of the First Tee for several years,
and the parties desire to assign all of the Foundation's rights in the Foundation
Sublease and the MOU to the YMCA.
. Considerations: The YMCA has been solely responsible, on an informal basis,
for all operations at the First Tee for some time. This assignment would not
result in any changes to the operation of the First Tee, or any of the programs
and services offered at First Tee. VBDA approved the assignment at its August
18,2009 meeting.
. Public Information: Public information will be handled through the normal
agenda process.
. Recommendations: City Council approve the assignment from the Foundation
to the YMCA.
. Attachments: Ordinance.
Recommended Action: Approval of attached Ordinance
Submitting Department/Agency: Department of Economic Development ~J
City Manager~ K · 0(3~
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1 AN ORDINANCE TO APPROVE THE ASSIGNMENT
2 OF THE SUBLEASE FOR THE FIRST TEE AT
3 VIRGINIA BEACH NATIONAL GOLF COURSE FROM
4 HAMPTON ROADS JUNIOR GOLF FOUNDATION TO
5 YMCA OF SOUTH HAMPTON ROADS
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7 WHEREAS, the Virginia Beach National Golf Course ("VBN") is owned by the
8 City of Virginia Beach (the "City") and leased to the Virginia Beach Development
9 Authority ("VBDA");
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11 WHEREAS, VBDA subleased VBN to the Tournament Players Club of Virginia
12 Beach, L.L.C. ("TPC") and TPC then sub-subleased a portion of VBN (the "Foundation
13 Sublease") to Hampton Roads Junior Golf Foundation (the "Foundation") for the
14 construction and operation of the First Tee of Hampton Roads (the "First Tee");
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16 WHEREAS, in addition to the Foundation Sublease, the City and VBDA are
1 7 parties to a Memorandum of Understanding with the Foundation setting forth the terms
18 and conditions for the construction and operation of the First Tee (the "MOU");
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2 0 WHEREAS, in 2005, the City, VBDA, the Foundation and TPC entered into a
21 modification of the MOU where VBDA joined TPC as a sub-landlord under the
22 Foundation Sublease. In 2007, the sublease from VBDA to TPC was terminated,
23 leaving VBDA and the Foundation as the sole remaining parties to the Foundation
24 Sublease;
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26 WHEREAS, the Foundation has requested that the City and VBDA consent to
27 the Foundation's assignment of all of.its rights under the sub-sublease and MOU to the
28 YMCA of South Hampton Roads (the "YMCA"); and
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30 WHEREAS, the VBDA approved the assignment of the Foundation's rights under
31 the Foundation Sublease to the YMCA at the VBDA's August 18, 2009 meeting.
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33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
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36 1. The Council of the City of Virginia hereby approves the assignment of the
37 interest of Hampton Roads Junior Golf Foundation, a Virginia non-profit corporation (the
38 "Foundation") in (i) that certain Sub-Sublease between the City of Virginia Beach
39 Development Authority ("VBDA"), the City of Virginia Beach (the "City"), and the
40 Foundation, 'and (ii) that certain Memorandum of Understanding between the City,
41 VBDA and the Foundation dated as of May 16, 2000, and modified as of August 18,
42 2005, to the YMCA of South Hampton Roads.
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2. That the City Manager or his designee is hereby authorized to execute all
documents necessary or appropriate in connection with the said assignment, so long as
such documents are acceptable to the City Manager and in a form deemed satisfactory
by the City Attorney.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney's Office
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Economic Development
CA11201
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October 1 , 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Approving an Agreement between the City and the Hampton
Roads Center for Civic Engagement to Provide a Transportation Dialogue
Program
MEETING DATE: October 13, 2009
. Background: Transportation, or more specifically, mobility, has become a
critical issue for the long-term sustainability of both the City and the region. The City
Council has identified transportation as a top priority for the near future. The City
wishes to address transportation issues by receiving input from the entire community.
The Hampton Roads Center for Civic Engagement (HRCCE) is a non-profit organization
that seeks to increase the level and quality of citizen involvement, specifically dialogue
with local government. Most recently, the HRCCE assisted the Hampton Roads
Transportation Planning Organization (TPO) in the process that resulted in the TPO's
federal recertification. Based on that experience and the credentials of its staff, .the
HRCCE possesses an understanding of both the transportation issues facing the City
and the skills to provide a meaningful community discussion.
. Considerations: City staff and the HRCCE have outlined a process to conduct
a yearlong community discussion and public input process to address all aspects of
transportation facing the City. This collaboration will include meetings, lectures, and
other opportunities to engage in meaningful discussion. At the end of this program, the
HRCCE will provide the City with a final report. The funding for this program, $63,000,
will be provided by transferring money from the CIP #9-260, Economic and Tourism
Development Partnerships ($50,653) and the Reserve for Contingencies ($12,347).
. Public Information: Public information will handled through the normal Council
Agenda process.
. Recommendations: It is recommended that the Council approve the agreement
with the HRCCE.
. Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Media and communications~
CityManag~~ lL. ~
1 A RESOLUTION APPROVING AN AGREEMENT
2 BETWEEN THE CITY AND THE HAMPTON ROADS
3 CENTER FOR CIVIC ENGAGEMENT TO PROVIDE A
4 TRANSPORTATION DIALOGUE PROGRAM
5
6 WHEREAS, the City Council has identified transportation as a top priority for the
7 near future; and
8
9 WHEREAS, the Hampton Roads Center for Civic Engagement (HRCCE) is a
10 local, non-profit organization dedicated to improving the communication processes
11 between citizens, local governments, and other stakeholders; and
12
13 WHEREAS, it is important that the transportation dialogue with the City's citizens
14 be as open and objective as possible; and
15
16 WHEREAS, the HRCCE has worked with staff to outline a process to conduct a
17 yearlong community discussion and public input process to address all aspects of
18 transportation facing the City; and
19
20 WHEREAS, the City desires to use the HRCCE to create opportunities for
21 citizens to seriously discuss transportation options and priorities for the City's future.
22
23 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
24 VIRGINIA:
25
26 That the City Council hereby approves of the City entering into an agreement
27 with the HRCCE to provide a yearlong program designed to enhance the public input
28 process on the topic of transportation. .
29
30 BE IT FURTHER RESOLVED that $50,653 is hereby transferred from CIP #9-
31 260, Economic and Tourism Development Partnerships and $12,347 is hereby
32 transferred from the Reserve for Contingencies to the FY 2009-10 Non-Departmental
33 Operating Budget to provide funding to the HRCCE for the purpose of completing the
34 public input process on the topic of transportation.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
,2009.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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Management Services
CA11294
R-2
October 2,2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Referring to the Planning Commission an Ordinance to
Amend Section 111 of the City Zoning Ordinance Pertaining to the
Definition of Adult Bookstores
MEETING DATE: October 13, 2009
. Background: The Adult Toy Shop opened in a strip mall at the intersection of
Lynnhaven and Holland on or about April 2009. A children's karate studio is located in
the same strip mall, and the mall is located near residential housing and an elementary
school. The Adult Toy Shop sold adult merchandise, including pornographic materials.
Signage at the store indicated that it sold adult products of a sexual nature, and the
windows and door of the store were covered completely in black material.
The City's Zoning Ordinance prohibits "adult bookstores" from locating within 500 feet of
any single- or multiple-family dwelling or a school, but the Ordinance provides that in
order to be classified as an "adult bookstore," the retail establishment must (1) devote at
least 25% of its stock for sale or rent to magazines, fi1ms, videos, or paraphernalia that
relates to specific sexual activities or specific anatomical areas; (2) devote 25% or more
of its display area to such products; or (3) receive in anyone-month period 25% or more
of its gross income from the sale or rental of such materials.
Zoning representatives inspected The Adult Toy Shop but concluded that less than 25%
of its merchandise related to specified sexual activities or specified anatomical areas, so
Zoning concluded that The Adult Toy Shop was not an "adult bookstore," as that term is
defined in the City's Zoning Ordinance.
The Adult Shop went out of business and is no longer located in the strip mall, but the
Zoning Ordinance, unless amended, would allow a similar business to locate near
residences and schools, sell pornographic products, and advertise itself as an adult
bookstore, so long as such merchandise constitutes less than 25% of the store's stock,
display area, or sales.
Amendment of the City Zoning Ordinance could prevent such a reoccurrence. The City
Attorney's Office researched the law concerning adult bookstores and the harmful
secondary effects associated with them and then drafted the attached ordinance. The
ordinance makes two substantive changes: first, it lowers the benchmark of 25% to 20%
of the store's stock/display area/sales. Second, it expands the definition of "adult
bookstore" to include a business that (1) sells such adult products; (2) prohibits access
by minors to any area of the store that is open to customers; and (3) advertises itself as
offering "adult," "XXX," "X-Rated," "erotic," "sexual," or "pornographic" material on
signage visible from a public right-of-way. This three-part test is based on almost
identical criteria that were approved by a federal appellate court. In that case, the court
found that the locality's adult bookstore ordinance, which had a similar provision, was a
constitutional exercise of local legislative authority, given the secondary effects
associated with such establishments. City Code ~ 22-31 afready prohibits retailers from
allowing minors access to pornographic materials, so any retailer that does not prohibit
minors from accessing an area of its store in which pornographic or similar adult
materials are sold or displayed would be guilty of a Class 1 misdemeanor, which is
punishable by up to a year in jail, a fine of $2500, or both. Finally, the ordinance
substitutes the term "video recordings" for the term "video tapes," because modern
pornographic films are more likely to be sold in a format other than video cassette tape.
. Considerations: If adopted, an adult bookstore could still be located in
commercial districts, so long as the store is not within 500 feet of a residence or
residential district, park, religious use, or school.
This resolution will refer the amendments to the Planning Commission for its
comments and recommendation.
. Attachments: Resolution, Ordinance
Requested by Councilmember Davis
II I I'
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND
3 SECTION 111 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO THE DEFINITION OF ADULT
5 BOOKSTORES
6
7 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9
10 That the above-entitled ordinance, a copy of which is attached, is hereby referred
11 to the Planning Commission for its consideration and recommendation.
12
13 Adopted by the City Council of the City of Virginia Beach, Virginia, this
14 day of ,2009.
APPROVED AS TO LEGAL SUFFICIENCY:
~~
City Attorney's Office ~
CA11296
R-1
October 6, 2009
II 01 I'
REQUESTED BY COUNCILMEMBER DAVIS
1 AN ORDINANCE TO AMEND CITY ZONING
2 ORDINANCE SECTION 111 PERTAINING TO THE
3 DEFINITION OF ADULT BOOKSTORES
4
5 Section Amended: City Zoning Ordinance 9111
6
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That Section 111 of the City Zoning Ordinance is hereby amended to read as
15 follows:
16
17 Sec. 111. Definitions.
18
19 For the purpose of this ordinance, words used in the present tense shall include
20 the future; words used in the singular number include the plural and the plural the
21 singular; the use of any gender shall be applicable to all genders; the word "shall" is
22 mandatory; the word "may" is permissive; the word "land" includes only the area
23 described as being above mean sea level; and the word "person" includes an individual,
24 a partnership, association, or corporation.
25
26 In addition, the following terms shall be defined as herein indicated:
27
28
29
30 Adult bookstore. An "adult bookstore" is: An establishment that either (a)' has
31 twenty-fi.ve (29 20) percent or more of its stock for sale or rent on the premises, or has
32 twenty-fi.ve (29 20) percent or more of its stock on display either in plain view or in an
33 enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures,
34 devices, paraphernalia, motion pictures, films, video taJ3es recordinas or photographs
35 which are distinguished or characterized by their emphasis on matter depicting,
36 describing or relating to "specified sexual activities or specified anatomical areas" as
37 defined herein; or (b) devotes twenty-fi.ve (29 20) percent or more of its display area or
38 floor space, excluding aisles and storage areas, to the sale or display of such materials;
39 or (c) receives in anyone-month period twenty-fi.ve (29 20) percent or more of its gross
40 income from the sale or rental of such materials; or (d) has on the premises one (1) or
41 more mechanical or more mechanical or electronic devices for viewing such materials~
42 or (e) sells product featurina "specified sexual activities or specified anatomical areas"
43 and prohibits access bv minors. because of aae. to any area of the premises that is
44 open to customers. and advertises itself as offerina "adult" or "xxx" or "x-rated" or
45 "erotic" or "sexual" or "pornoQraphic" material on siQnaae visible from a public riQht-of-
46 way.
47
48 (a) Specified anatomical areas:
49 (1) Less than completely and opaquely covered:
50 (i) Human genitals, pubic region, buttock; and
51 (ii) Female breast below a point immediately above the top of the
52 areola.
53 (2) Human male genitals in a discernibly turgid state, even if completely
54 and opaquely covered.
55
56 (b) Specified sexual activities:
57 (1) Human genitals in a state of sexual stimulation or arousal.
58 (2) Acts of human masturbation, sadomasochistic abuse, sexual
59 penetration with an inanimate object, sexual intercourse or sodomy.
60 (3) Fondling or other erotic touching or human genitals, pubic region,
61 buttock or female breast.
62
63
64
of
Adopted by the City Council of the City of Virginia Beach on the
,2009.
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Office
CA11288
R-2
October 6,2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into portions of City
rights-of-way known as 53% Street and Ocean Front Avenue for Samuel W.
Zimmer
MEETING DATE: October 13, 2009
. Background:
This encroachment request was deferred by City Council at its formal session on
September 22, 2009.
Samuel W. Zimmer has requested permission to remove an existing block paver
wall and a portion of an existing brick walk that currently encroaches
approximately 3' into the right-of-way of 53% Street, and in its place to construct
and maintain a 6" cobblestone curb, approximately 2' into the 53% Street right-of-
way, with an asphalt pavement expansion, and to modify an existing cobblestone
planter located in the rights-of-way of 53% Street and Ocean Front Avenue. He
also requests permission to maintain existing pavers in the Ocean Front Avenue
right-of-way, located adjacent to his property at 5303 Ocean Front Avenue,
Virginia Beach, Virginia.
. Considerations:
Mr. Zimmer has obtained the written support of the adjacent property owners for
the proposed encroachments as designed. (See attached letters.) City Staff has
reviewed the requested encroachments and has recommended removal and/or
denial of the block paver wall, the cobblestone curb and the planter.
These items constitute fixed objects in the roadway system which could pose
safety-clear zone issues for bicycles and pedestrians. Further, the Fire
Department has determined that with the proposed encroachment emergency
vehicles could not make the turn from Ocean Front Avenue and would not be
able to navigate down 53% Street should an emergency arise. Fire has
recommended removal of the wall altogether.
There is an existing block wall located on the opposite side of the intersection of
53% Street and Ocean Front Avenue which appears to be on private property
(106 54th Street - see photo and exhibit drawings).
. Public Information:
Advertisement of City Council Agenda.
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Deny the request to construct and maintain a 6" cobblestone curb, approximately
2' into the 53% Street right-of-way, with an asphalt pavement expansion, and to
modify an existing cobblestone planter located in the rights-ot-way ot 53% Street
and Ocean Front Avenue. Order the removal of the existing block paver wall that
currently encroaches approximately 3' into the right-ot-way of 53% Street and the
existing cobblestone planter located in the rights-ot-way of 53% Street and
Ocean Front Avenue. Approve the encroachment request tor permission to
maintain existing pavers in the Ocean Front Avenue right-of-way located
adjacent to 5303 Ocean Front Avenue.
. Attachments:
Ordinance, Agreement, Exhibit Drawings, Support Letters, Pictures and Location
Map
Recommended Action: Denial of the Ordinance.
Submitting Department/Agency: Public Works/Real Estate r;([)ttt
City Manager~....9-\ \L . ~ ~ - /'
I I'
1 Requested by Department ot Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY RIGHTS-
6 OF-WAY KNOWN AS 53% STREET
7 AND OCEAN FRONT AVENUE FOR
8 SAMUEL W. ZIMMER
9
10 WHEREAS, SAMUEL W. ZIMMER desires to remove an existing block paver
11 wall and a portion ot an existing brick walk that currently encroaches approximately 3'
12 into the right-ot-way ot 53% Street, and in its place to construct and maintain a 6"
13 cobblestone curb, approximately 2' into the 53% Street right-ot-way, with an asphalt
14 pavement. expansion, and to modity an existing cobblestone planter located in the
15 rights-ot-way ot 53% Street and Ocean Front Avenue, and to maintain existing pavers
16 in the Ocean Front Avenue right-ot-way, located adjacent to his property at 5303 Ocean
1 7 Front Avenue, Virginia Beach, Virginia.
18
19 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
20 Code ot Virginia, 1950, 'as amended, to authorize temporary encroachments upon the
21 City's right-ot-way subject to such terms and conditions as Council may prescribe.
22
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereot contained in 99 15.2-
26 2009 and 15.2-2107, Code ot Virginia, 1950, as amended, SAMUEL W. ZIMMER, his
27 heirs, assigns and successors in title are authorized to construct and maintain
28 temporary encroachments for a 6" cobblestone curb, approximately 2' into the 53%
29 Street right-ot-way, with asphalt pavement expansion, and to modify an existing
30 cobblestone planter located in the rights-ot-way ot 53% Street and Ocean Front Avenue,
31 and to maintain existing pavers in the Ocean Front Avenue right-ot-way, all as shown on
32 the map marked Exhibit "A", consisting ot three (3) sheets and entitled:
33 "ENCROACHMENT AGREEMENT EXHIBIT ZIMMER RESIDENCE GPIN 2418-89-
34 6893-5303 CONDOMINIUM PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING
35 LOT 13, BLOCK 3, UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA," a copy
36 ot which is on tile in the Department ot Public Works and to which reterence is made tor
37 a more particular description; and
38
39 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
40 subject to those terms, conditions and criteria contained in the Agreement between the
41 City ot Virginia Beach and SAMUEL W. ZIMMER (the "Agreement"), which is attached
42 hereto and incorporated by reterence; and
43
44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
45 is hereby authorized to execute the Agreement; and
46
47
48
49
50
51
52
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
time as SAMUEL W. ZIMMER and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
of
CA-11007
X:IOIOIREAL EST A TElEncroachmentslPW OrdinanceslCA 11007 Zimmer Ordiance.doc
V:lapplications\cllytawprod\cycom32IWpdocs\OO12IPO05100015623.00C
R-1
PREPARED: 6/23/09
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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'PUBLIC WORKS, REAL ESTATE
if\JJ ;Z~mJ
Nell L. Ford,
Special Council for the City Attorney
I I'
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 \B~ day of _~\J~ r ,2009, by
and between the CITY OF VIRGINIA BEACH, VI RGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and SAMUEL W. ZIMMER, HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain condominium
unit known, designated, and described as "Unit B" in 53rd and Ocean Front
Condominium, together with an undivided interest in the common elements appertaining
to such unit, with such unit being shown on that certain plat entitled: "CONDOMINIUM
PLAT 53RD AND OCEAN FRONT CONDOMINIUM BEING LOT 13, BLOCK 3
UBERMEER M.B. 7 P. 150 L YNNHAVEN BOROUGH VIRGINIA BEACH, VA. SCALE
l' = 10' 18 MARCH 1987 REV. 11 MAY 1987" and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 194, at
page 54, and being further designated, known, and described as 5303 Ocean Front
Avenue, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 6"
cobblestone wall with asphalt pavement expansion, to modify an existing cobblestone
planter, and to maintain existing block pavers, collectively, the "Temporary
Encroachment", in the City of Virginia Beach;
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
2418-89-6893-5303
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into portions of the existing
City rights of way known as 53 % Street and Ocean Front Avenue, the "Encroachment
Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee a nd 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: "ENCROACHMENT AGREEMENT EXHIBIT
ZIMMER RESIDENCE GPIN 2418-89-6893-5303
CONDOMINIUM PLAT 53RD AND OCEAN FRONT
CONDOMINIUM BEING LOT 13, BLOCK 3, UBERMEER
(M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA" 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.
2
I I I'
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upo n 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, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend a n 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.
3
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood a nd agreed that the Grantee must obtain
a permit from the Department of Planning 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 Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood a nd 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.
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 an
4
'I 01 I:
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 Engi neering Division of the Department of
Public Utilities.
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 ir'! 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 com pensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, SAMUEL W. ZIMMER, 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.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The 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 Clerkl 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;
u.&~
SAMUEL W. ZIMMER
STATE OF VIRGINIA
CITY/GaUNT., OF ~\n\llLf.>~, to-wit:
The foregoing instrument was acknowledged before me this ~ day of
~~\)~\-- , 2009, by SAMUEL W. ZIMMER.
~n\\,^.:,. ~ (SEAL)
No;~~bliC
Notary Registration Number: ~ fl b~ \. \--
My Commission Expires: L \ 1.g \ '1.0 \ ,
~
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~~ C.~""
NATURE
1JJ
· ~~JlAL
Nell L. Ford,
Special Counsel for the City Attorney
PLu RffiJ &iut
DEPARTMENT
Immer, Samuel & Pamela - GES\Agreement Encroachment.doc
7
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ENCROACHMENT AGREEMENT EXHIBIT
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GPIN. 2418-89-6893-5303
CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM
BEING LOT 13, BLOCK 3 UBERMEER (M.B. 7, P. 150)
VIRGINIA BEACH, VIRGINIA
pro ject:
EXHIBIT" A"
Landscape Architects 757.431.1041
Land Surveyors wplsite.com
Civil Engineers
242 Mustang Trail, Suite 8
Virginia Beach, V A 23452
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CONDOMINIUM PLAT 63rd AND OCEAN FRONT CONDOMINIUM
BEING LOT 13, BLOCK 3 UBERMEER (M.B. 7, P. 150)
VIRGINIA BEACH, VIRGINIA
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Land Surveyors wplsite.com
Civil Engineers
242 Mustang Trail, Suite 8
Virginia Beach. VA 23452
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Landscape Architects 757.431.1041
Land Surveyors wplsite.com
Civil Engineers
242 Mustang Trail, Suite 8
Virginia Beach, VA 23452
dote: 9/11/08 revised: 01/29/09
file: 208-0309_Ex.dwg tech: WJW
proj. no. 208-0309
pro ject: ENCROACHMENT AGREEMENT EXHIBIT EXHIBIT '~A"
ZIMMER RESIDENCE
GPIN. 2418-89-6893-5303
CONDOMINIUM PLAT 53rd AND OCEAN FRONT CONDOMINIUM
BEING LOT 13. BLOCK 3 UBERMEER (M.B. 7, P. 150)
VIRGINIA BEACH, VIRGINIA
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110 541h Street
Virginia Beach, Virginia 23451
October 7, 2008
Mr. James C. Lawson
Department of Real Estate
Building 2, Room 392
Municipal Center
Virginia Beach, V A. 23456
. ,
Re: Sam & Pam Zimmer Wall at 53 1/2 S1. & Oceanfront Ave.
Dear Mr. Lawson:
I understand that the Zimmers have applied to the City for a Variance
for a six inch wall on the alley (or 53 Y2 Street) side of their home at
5303 Oceanfront Ave.
Please be advised that the Zimmers are fine neighbors who maintain
their property quite nicel~. We use the alley extensively in connection
with our home at 110 54t Street and are quite familiar with locale of
the proposed wall. We have no objection to the wall or the proposed
Variance and hope you will give it favorable consideration.
Let us know if you have any questions or we can help in any way.
;..
Sincerely,
~~~~~~f
lTn~1
'I ;j I'
Oct.2, 2008
Mr. James C. Lawson
Dept. of Real Estate
Building 2, Room 392
Municipal Center
Va. Beach, VA 23456
; i
1m;};
Re: Zimmer request for variance at 5303 Oceanfront Ave.
Dear Mr. Lawson,
Pam and Sam Zimmer, who are neighbors of ours, have taken time to share
their revised plans to reduce the current stone wall in the alleyway next to
their home on 5303 Oceanfront Ave. We understand that the current
structure will be reduced by approximately 1.5 ft. ( towards their outside
shower) to the south and asphalted to that new line. We also understand that
they will reduce the current wall to be 6 inches above the level of the
alleyway,
We are in full support of their revised plan, since we think the new structure
will definitely be an enhancement to the alleyway. The Zimmers are
meticulous caretakers of their property and this change wiJ) not only
improve the overall appearance of their home, but the alley itself.
We would hope that you would act favorably on their request.
Sincerely, fl ____
/J!t1tvU/ dk~c lJ. UbJ!I-P'l
David G.~ V~uzanne D. Wilson
109 53rd Street
Va. Beach, Va. 23451
qo,~
J. B. CAMPBELL, Ltd.
1000 WEST FRANKLIN STREET
RICHMOND, VA 23220
October 2, 2008
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Mr. James C. Lawson
Dept. of Real Estate
Building 2, Room 392
Municipal Center
Virginia Beach, VA 23456
Re: 5303 Oceanfront Drive, Mr. & Mrs. Sam Zimmer
My wife and I support the request for the 2 foot variance on the unimproved portion of
the alley at 53rd Y:z St.
Our home is attached to the Zimmer's home by a breezeway and they have done nothing
but improve their property since they moved in. The landscaping and general overall
appearance has been maintained at a high level.
The alley has been cleaned up and even made easier for vehicles to enter and exit the
alley from Oceanfront Drive as a result of their work.
. We respectfully ask that you support such efforts that improve our neighborhood.
Thank you for your consideration.
Sincerely,
~---/~ ~~ G~f~~
~. . B. & Lois CampbeJl
107 53rd St.
Virginia Beach
Phone 804.355.7095
Fax 804.355.1906
email: jbclimited@aoJ.com
I I , II'
y~t
James C. Lawson
Department of Real Estate
Building 2, Room 392
Municipal Center
Va. Beach, VA. 23456
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October 14, 2008
Dear Mr. Lawson,
As the former owner of 5303 Oceanfront Ave., and the current next-
door neighbor of the property, I would like to take a moment of your
time to express my feelings on the controversy surrounding the wall
that Sam and Pam Zimmer have had constructed on the alleyway.
When I owned 5303 Oceanfront Ave. (1988-2000), the area in
question was a wooden pier style walkway with a planter at the corner
of the alley and Oceanfront Ave. The stonewall that the Zimmer's
have constructed is in the exact location as the old walkway. The wall
is far more appealing to the neighborhood and adds a great look to the
alleyway. Please give them all the leeway you can to maintain the
current beauty of the stonewall they have built. The Zimmer's have
worked hard on this property, and it is a great example of what a
property on Oceanfront Ave. sh~uld look like. The are very conscious
of what good looks add to the value of our block.
...._~
Robert G. Whitten
( Bobby)
~~
106 54th street
Virginia Beach VA 23451
757 491 4617
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds Related to the Virginia Task Force 2 Urban
Search and Rescue Team
MEETING DATE: October 13, 2009
. Background: FEMA reimbursements for the Virginia Task Force 2, Urban Search
and Rescue Team (V A- TF2) deployments include deployment related costs as well as
administrative costs that are based qn a percentage of the total value of detailed expenses.
The administrative cost reimbursement is intended to cover non-specified expenses
incurred by the Fire Department and the V A- TF2 to manage and process the deployment
reimbursement claim. Also, administrative cost reimbursements can be used to cover
certain costs (e.g. certain equipment and equipment warranties, insurance for the rescue
dog handlers, and other goods and services) not covered for various reasons by the FEMA
deployment reimbursement. The following deployment grants have been reconciled and
closed-out with FEMA and need to be closed out in the City's financial system for
hurricanes and other events from 1999 through 2009: Puerto Rico, Charlie, Frances, Ivan,
and Jean, Dennis, Katrina, Ophelia, Rita, Katrina(2), Wilma, Louisiana SARS, Ernesto,
Dolly, Gustav, Ike, Omar, Presidential Inauguration 2009, and Fargo Floods - North Dakota
2009. These transfers will enable close-out of these grants, the unspent appropriations and
realized revenue remaining in these grants.
. Considerations: Full reconciliation of these grants, including distribution of all
revenue for repayment of the Fire Department for repayment of past personnel-related
expenses incurred (such as over-time related to staff back-filled) and the Emergency FEMA
Fund for VA-TF2 expenses, is necessary to meet governmental accounting practices. With
creation of the subgroup, "FEMA Administrative Cost Grant," in the Emergency FEMA Fund
to transfer reimbursements from FEMA for administrative costs, a more timely distribution 'of
all reimbursement revenue and grant close-out can be achieved for future deployment
grants.
. Public Information: Public information will be handled through the normal City
Council agenda processes.
. Recommendations: Establish the FEMA Administrative Cost Grant subgroup,
transfer $99,852 to the FEMA Administrative Cost Grant, and transfer $184,157 to the Fire
Department.
. Attachments: Ordinance, Attachment 1 (showing distribution)
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Fire e----
City Manager:~~ \L \ ~~
'I I I
1 AN ORDINANCE TO TRANSFER FUNDS RELATED
2 TO THE VIRGINIA TASK FORCE 2 URBAN SEARCH
3 AND RESCUE TEAM
4
5 WHEREAS, the Federal Emergency Management Agency (FEMA) has
6 previously provided in excess of $284,008 for administrative costs incurred by the
7 Virginia Task Force 2 Urban Search and Rescue Team (VA-TF2) for various
8 deployments, as well as costs incurred by the Fire Department's Operating Budget
9 related to deployments.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA THAT:
13
14 1. The "FEMA Administrative Cost Grant," a subgroup of the Emergency FEMA
15 Fund is hereby created; and
16
17 2. $99,852 is hereby transferred from the following FEMA deployment grants as
18 per Attachment 1, Hurricane Dennis, Hurricane Katrina, Hurricane Ophelia,
19 Hurricane Rita, Hurricane Katrina(2), Hurricane Wilma, Hurricanes Charlie, Frances,
20 Ivan and Jean, Louisiana SARS, Hurricane Ernesto, Hurricane Dolly, Hurricane
21 Gustav, Hurricane Ike, Hurricane Omar, Presidential Inauguration 2009, and Fargo
22 Floods - North Dakota to the FEMA Administrative Cost Grant; and
23
24 3. $184,157 is hereby transferred from the following FEMA deployment grants as
25 per Attachment 1, Puerto Rico, Hurricane Dennis, Hurricane Katrina, Hurricane
26 Ophelia, Hurricane Rita, Hurricane Katrina(2), Hurricanes Charlie, Frances, Ivan and
27 Jean, Hurricane Ernesto, Hurricane Dolly, Hurricane Gustav, Hurricane Ike,
28 Hurricane Omar, and Presidential Inauguration 2009 to the FY 2009-10 Operating
29 Budget of the Fire Department.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2009.
day
J9
Approved as to Legal
Sufficiency:
D~~ -
City orney's Office
Approved as to Content:
CA11293
R-3
September 30, 2009
Attachment 1 :
Funds for Distribution from Previous FEMA Deployment Grants
Fire Department
(General Fund)
Repayment of
Previous Administrative Cost
Deployment Costs Reimbursed to
Event Year & Name Incurred VA- TF2 USAR* Total
1999
Puerto Rico $ 1,565.91 $ 1,565.91
2005
Hurricane Dennis 8,177.87 4,964.96 13,142.83
Hurricane Katrina 43,520.52 26,045.81 69,566.33
Hurricane Ophelia 12,039.35 2,140.08 14,179.43
Hurricane Rita 11,538.17 4,874.82 16,412.99
Hurricane Katrina(2) 3,793.43 5,580.60 9,374.03
Hurricane Wilma 6,255.71 6,255.71
Hurricanes Charlie, Frances, Ivan, and 6,419.36 25,689.79 32,109.15
Jean
2006
Louisiana SARS 1.00 '772.24 773.24
Hurricane Ernesto 17,718.94 (741 .77) 16,977.17
2008
Hurricane Dolly 1,056.07 '148.50 1,204.57
Hurricane Gustav 34,739.22 7,309.05 42,048.27
Hurricane Ike 28,462.63 14,524.25 42,986.88
Hurricane Omar 12,679.93 1,591.67 14,271.60
2009
Presidential Inauguration 2009 2,444.58 506.59 2,951.17
Fargo Floods - North Dakota 189.65 189.65
Total $ 184,156.98 $ 99,851.95 $ 284,008.93
*VA-TF2 USAR is the Virginia Task Force 2, Urban Search and Rescue Team
C:\Documents and Settings\dharmeye\local Settings\Temporary Internet Files\Content.Outlook\4X90PVDC\FEMA Administrative Cost Summary
9/30/2009 for CouncillO-13-09.xlsx Page 1 of 1
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate DEA Shared Asset Funds to the FY 2009-10
Operating Budget of the Police Department
MEETING DATE: October 13, 2009
. Background: The Police Department requests the use of DEA Shared Asset
Funds to purchase the following items that have not been funded through the operating
budget.
. Replacement weapons for the Police Department
. 8 laptop computers for the Economic Crime Squad
. 1 laptop computer to be used by forensic detectives
. 3 desktop computers to be used by Animal Control officers
. Considerations: The DEA Shared Asset Special Revenue Fund provides law
enforcement agencies monetary resources to assist in accomplishing their mission.
Funds are available in the DEA Shared Asset Special Revenue Fund for the above
items.
. Public Information: Public information would be made available through the
normal Council Agenda process.
. Alternatives: Funding is not available for these items in the FY 09-10 Operating
Budget. The department has used DEA Shared Asset Funds to purchase equipment
that has not been funded through the operating budget.
. Recommendations: It is recommended that $93,430 be appropriated from the
DEA Seized Property Special Revenue Fund to purchase these items.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department IL..- /' i\
"TW'J \..c~
City Manager:~~ ~ ,~
1 AN ORDINANCE TO APPROPRIATE DEA SHARED
2 ASSET FUNDS TO THE FY 2009-10 OPERATING
3 BUDGET OF THE POLICE DEPARTMENT
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 That $93,430 is hereby appropriated from fund balance of the DEA Seized
7 Property Special Revenue Fund to the FY 2009-10 Operating Budget of the Police
8 Department for the purchase of equipment.
9
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2009.
Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
Dr.l\~t~
Management Services
~.--
City arney's Office
CA11292
R-2
September 28, 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2009-10 Operating
Budget of the Commonwealth's Attorney Office for the Victim Witness Program
MEETING DATE: October 13, 2009
. Background: The DCJS Victim Witness Grant has been in effect since 1990.
Funding from this grant has enabled the Virginia Beach Victim Witness Program to
provide services required by the Victim and Witness Rights Act (Virginia Code 9 19.2-
11.01, et seq.). The expected grant award in FY 2009-10 was $239,738; however, later
notification provided the actual grant award in the amount of $260,585.
. Considerations: This funding can only be used for the Victim Witness Program.
The additional funds received this year will be used to cover increased fringe benefits
costs for the grant employees and necessary office supplies.
. Public Information: Public information will be handled through the normal
agenda process.
. Recommendations: Accept and appropriate. $20,847 to the FY 2009-10
Operating Budget of the Commonwealth's Attorney's Victim Witness Program.
. Attachments: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgen~y~ Office of the Commonwealth's Attorney
CityManage~ ~.~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS TO THE FY 2009-1 0 OPERATING BUDGET
OF THE COMMONWEALTH'S ATTORNEY OFFICE
FOR THE VICTIM WITNESS PROGRAM
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $20,847 is hereby accepted and appropriated from the Commonwealth of
Virginia's Department of Criminal Justice Services to the FY 2009-10 Operating Budget
of the Commonwealth Attorney to provide additional funding for the Victim Witness
Program.
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 of the members of City Council.
Approved as to Content~
Approved as to Legal Sufficiency:
-HWV\OQ~
--!~~ ///
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City Ii:. 0 ney's OffICe
CA11295
R-2
September 30, 2009
'I I I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Proffer
Impact Fund to Refund Overpayment of Proffer Fees
MEETING DATE: October 13, 2009
. Background: Through the building permit issuance process, the Planning
Department is responsible for collecting "proffer payments" for various new
developments throughout the City of Virginia Beach. These fees may be used to acquire
land for open space. The Victoria Park Residential Development proffer payments were
paid prior to the final subdivision plat going to record. The Permits and Inspections
Office was not aware of this payment, and inadvertently required various contractors to
make these payments for individual lots during the Building Permit issuance process.
. Considerations: As a result of duplicate proffer payments, a total of $9,940 was
over-collected in fiscal year 2009 and lapsed into fund balance. This appropriation .will
allow the withdrawal of money from the Proffer Impact Fund to refund those customers
who overpaid.
. Public Information: Public information will be provided through the normal
Council Agenda Process.
. Alternatives: Transfer General Fund Reserves into 164 Proffer Fund to cover
the amounts to be refunded.
. Recommendations: It is recommended that City Council appropriate $9,940
from the fund balance of the Proffer Impact Fund to refund overpayment of Proffer fees.
. Attachments: Ordinance
Recommended Action: Approval
!
,
Submitting Department/Agency: Planning / Permits and Inspections I / l.r-"/
City Manager~ t ~M V
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROPRIATE FUNDS FROM
THE FUND BALANCE OF THE PROFFER IMPACT
FUND TO REFUND OVERPAYMENT OF PROFFER
FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $9,940 is hereby appropriated from the fund balance of the Proffer Impact
Fund for redistribution to customers who overpaid Victoria Park residential development
open space proffer fees.
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 of the members of City Council.
Approved as to Content:
Approved as to Legal Sufficiency:
}) I ~
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City Att ey's Office
,
Management Services
CA11291
R-2
September 23, 2009
II II
J. PLANNING
1. Application of SANDLER AT BRENNEMAN FARM, L.L.C. for an Amendment to
PD-H2 Land Use Plan at Brenneman Farm (Nichols Park at Lexington) to convert 76
three (3)-story carriage-style homes to 76 two (2)-story townhomes at Nichols Ridge
Road, Willow Croft Drive and Totteridge Lane.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
2. Application of HEBRON CORNERSTONE CHURCH INTERNATIONAL/CS
COMMERCIAL PROPERTIES, LLC, for a Conditional Use Permit re a church
renovation at 5565 Virginia Beach Boulevard.
DISTRICT 2 - KEMPSVILLE 3
RECOMMENDATION
APPROVAL
3. Application of ATLANTIC MARINE CONSTRUCTION, INC. for a Conditional Use
Permit re a bulk storage yard at 3465 Chandler Creek Road.
DISTRICT 3 - ROSE HALL
DEFERRED
RECOMMENDATION
SEPTEMBER 10, 2008 and JULY 8, 2009
APPROVAL
4. Application of BOB and DEBRA BURTON for a Conditional Use Permit re A
residential kennel at 1425 Drum Point Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
5. Application of HAMPTON ROADS YOUTH & COMMUNITY ADVISORY
COUNCIL/PINEY GROVE BAPTIST CHURCH for Modification of Conditions
(approved by City Council on April 11, 1988) to add portable classrooms at 2804
Holland Road.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
, I
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City
Hall. Municipal Center. 2401 Courthouse Drive, Tuesday.
October 13, 2009, at 6:00 p.m. The following applications
will be heard:
KEMPSVILLE DISTRICT
Sandler at Brenneman Farm, L.L.C. Application: Amendmm!!
to PD-H2 Land Use Plan. Brenneman Farm (Nichols Park at
Lexington) at Nichols Ridge Road, Willow Croft Drive and
Tottendge Lane (GPIN 1476715481).
Hebron Cornerstone Church International/Cs Commercial
Properties, llC Application: Conditional Use Permit for a
church at 5565 Virginia Beach Boulevard.
PRINCESS ANNE DISTRICT
Hampton Roads Youth & C.ommunity Advisory Council/Piney
Grove Baptist Church, Modification of Conditions (approved
by City Council on April 11, 1988) at 2804 Holland Road.
Bob & Debra Burton Application: Conditional Use Perml~ for a
residential kennel at 1425 Drum Point Road.
ROSE HALL DISTRICT
Atlantic Marine Construction, Inc. Application: Conditional
Use Permit for a bulk storage yard at 3465 Chandler Creek
Road. Deferred from September 10, 2008 and July 8, 2009.
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 a
htto:/ /www.vbl!ov.com/oc For information call 385-4621.
If you are physically disabled or visually Impaired an.
need assistance at this meeting, please call the cln
CLERK'S OFFICE at 385-4303.
. i .. . .t ' .
Beaeo,; September '1.7 & CXt. 4~ 2009-
2058654
...
.021
[.t]
Oll
1
04/24/07
09/09/03
06/23/98
04/13/93
01/11/82
06/14/71
02/23/99
2
3
02/23/99
OS/23/89
03/12/96
OS/26/92
06/25/02
02/01/00
02/24/98
10/28/97
4
5
Modificat.ion of Pmffprs - PDH Land Us/" Plan
Approved
Approved
Approved
Approved
Approved
A roved
Approved
Approved
Denied
Approved
A roved
Approved
Approved
Approved
A roved
ZONING HISTORY
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 12
I' II I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SANDLER AT BRENNEMAN FARM, L.L.C., Amendment to PD-H2 Land Use
Plan, Brenneman Fann (Nichols Park at Lexington), north side of Nichols Ridge
Road between Willow Croft Drive and Totteridge Lane. KEMPSVILLE DISTRICT.
MEETING DATE: October 13, 2009
. Background:
The Conditional Change of Zoning to A-12 Apartment with a PD-H2 Planned
Development overlay was approved by the City Council on September 9, 2003,
and then subsequently modified on April 24, 2007. The current request is for a
Modification to PD-H2 Land Use Plan to change the designated land use of 23
units from carriage-style homes to 23 two-story townhomes. These 23 additional
two-story townhomes will bring the total number of such units to 76. No change in
the overall number of units within the development is proposed. Since the
approved land use plan specified the unit type for this portion of the development
as carriage-style homes, any modification to the plan requires review and
approval from the City Council.
. Considerations:
The request to convert 76 three-story carriage-style homes to 76 two-story
townhomes is acceptable. Staff was initially hesitant to support the proposal, as it
was feared that the change would lessen the quality of the development;
however, after discussions with the applicant concerning quality, building
materials, floor area square footage, and other factors, as well as a field visit to
the site, it was determined that a reduction in quality was not a likely outcome.
Specifically, the same exterior building materials for the townhomes, a mix of
brick and vinyl, is exactly as proffered on the 3-story carriage-style homes.
Photos of the townhomes and of the carriage-style homes are provided at the
end of the attached report. A comparison of the two dwelling types reveals that
the exteriors are similar in many respects. In sum, Staff finds that the net result of
this modification is a reduction in the floor area rather than of the quality of the
unit. The typical 3-story carriage home is 2,600 square feet. This is large in
comparison to the townhomes averaging 1,990 square feet. According to
information provided by the applicant, the base sales price per square foot for the
town homes is actually higher than for the carriage homes they are proposed to
replace. It is Staff's position that this request is not a reduction in quality, but
simply a reduction in size to meet the desires of buyers in this area.
SANDLER AT BRENNEMAN FARM, LLC
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 with 1 abstention to recommend approval to
the City Council, as proffered.
. 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.. ..\Jv'^
CIIyManag~ \L. ~
II 'I I'
2
September 9, 2009 Public Hearing
APPLICANT AND PROPERTY
OWNER:
SANDLER AT
BRENNEMAN
FARM, LLC
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of Planned Daveloement Land Use Plan to change the designated land use from carriage-style
homes to two-story attached dwelling units.
LOCATION: Property is located at the southeast terminus of Brenneman Trail, east of South Plaza Trail.
GPIN:
14767154810000
ELECTION DISTRICT:
KEMPSVILLE
SITE SIZE:
1.71 acres
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
The Conditional Change of Zoning to A-12 Apartment with a
PD-H2 Planned Development over1ay was approved by the
City Council on September 9, 2003, and then subsequently modified on April 24, 2007. The current
request is for a Modification to PD-H2 Land Use Plan to change the designated land use of 23 units from
carriage-style homes to 23 two-story townhomes. These 23 additional two-story townhomes will bring the
total number of such units to 76. No change in the overall number of units within the development is
proposed. Since the approved land use plan specified the unit type for this portion of the development as
carriage-style homes, any modification to the plan requires review and approval from the City Council.
The Conditional Zoning Agreement is being amended only to allow these townhomes in place of the
carriage-style homes. No other modification to the proffered plan is requested.
LAND USE AND ZONING INFORMATION
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 1
EXISnNG LAND USE: Site under construction with carriage-style homes and townhomes.
. Multifamily town homes I A-12 with PD-H2 Overlay, P-1
Preservation Area
. Multifamily units IA-18 Apartment District
. Undeveloped I R-7.5 Residential District
. Single-family dwellings I R-7.5 Residential District
. Multifamily townhomes I A-12 with PD-H2 Overlay
NATURAL RESOURCES & CULTURAL FEATURES:
The site is within the Chesapeake Bay watershed. There are no known significant environmental or
cultural features on the property.
North:
SURROUNDING LAND
USE AND ZONING:
South:
East:
West:
IMPACT ON CITY SERVICES
TRAFFIC:
The trips generated by the proposed change from carriage-style homes to townhouses will not exceed the
trips generated by the previously approved rezoning based on the fact that the number of housing units will
not increase.
WATER & SEWER: This sit~ is already connected to the City sewer and water system.
SCHOOLS: No change in the number of students generated is anticipated between the approved carriage
home units and the two (2) story townhouse units.
EVALUATION AND RECOMMENDATION
R~ommendation:
Staff recommends approval of this request as proffered. The proffers are provided below.
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods
located in this area. 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 request to convert 23 three-story carriage-style homes to 23 two-story townhomes is recommended
for approval. Staff was initially hesitant to support the proposal, as it was feared that the change would
lessen the quality of the development; however, after discussions with the applicant concerning quality,
building materials, floor area square footage, and other factors, as well as a field visit to the site, it was
determined that a reduction in quality was not a likely outcome. Specifically, the same exterior building
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 2
'I 'I
materials for the townhomes, a mix of brick and vinyl, is exactly as proffered on the 3-story carriage-style
homes. Photos of the townhomes and of the carriage-style homes are provided at the end of this report. A
comparison of the two dwelling types reveals that the exteriors are similar in many respects. In sum, Staff
finds that the net result of this modification is a reduction in the floor area rather than of the quality of the
unit. The typical 3-story carriage home is 2,600 square feet. This is large in comparison to the townhomes
averaging 1,990 square feet. According to information provided by the applicant, the base sales price per
square foot for the townhomes is actually higher than for the carriage homes they are proposed to
replace. It is Staffs position that this request is not a reduction in quality, but simply a reduction in size to
meet the desires of buyers in this area.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to .offset identified problems to the extent that the proposed rezoning is acceptable,-
(~1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Land Use Plan shall be modified and revised, so that the portion of the Property shown and described
as "Area Proposed for 2 Story Attached Units- on Sheets 1 and 2 of the conceptual site plan of Lexington
(the "Lexington Townhouse Section"), which has been exhibited to the City Council and is on file with the
Planning Department, may be developed for two-story attached dwelling units, instead of carriage homes, as
originally shown and depicted in the Land Use Plan and the Manual.
PROFFER 2:
The total number of two-story attached dwelling units constructed within the Lexington Townhouse Area.
shall not exceed seventy six (76) units.
PROFFER 3:
All dwelling units constructed within the Lexington Townhouse Area shall be constructed using designs and
building materials in substantial conformity with .those depicted on the rendering shown on Sheet 3 of the
conceptual site plan exhibited to the City Council and is on file with the Planning Department.
PROFFER 4:
Except as provided in this Agreement or on the conceptual site plan, the Lexington Townhouse Area shall be
developed in accordance with the criteria set forth in Section 603, 605 and 606 of the Virginia Beach Zoning
Ordinance in effect on the date this application is approved.
PROFFER 5:
The reqUired building setbacks for the two-story dwelling units constructed within the Lexington Townhouse
shall be as follows:
a. Front yard setback, from face of curb/private street 20'
b. Side yard setback, adjacent to a private street from face of curb
for end units only 10'
c. Minimum distance between end units of buildings 12'
d. Rear yard setback from exterior property line or private street 10'
e. Minimum distance between buildings rear to rear 20'
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 3
f.
g.
Lot coverage building footprint
Maximum building height
45%
40'
PROFFER 6:
A minimum of two (2) off street parking spaces shall be provided for each unit. Garage parking shall be
utilized to meet parking requirements.
PROFFER 7:
The private street width shall be twenty-six feet (26') from face of curb to face of curb. The private alley
width shall be twelve teet (12') from edge of asphalt to edge of asphalt.
PROFFER 8:
The Property shall follow the design criteria set forth below:
a. The maximum number of units attached per building shall be six (6).
b. Units shall be constructed on raised slab with brick skirt on the front elevation.
c. At a minimum, beaded vinyl siding will be provided on all units.
d. The following shall be allowed to encroach into required setbacks a maximum distance of
two feet (2'): fireplaces; bay windows; steps; decks which do not exceed eighteen inches
(18-) in height, excluding railings; patios; and HVAC equipment.
e. Fences on the two story townhomes fronting on Totteridge Lane and VVillow Croft Drive
shall not be permitted.
PROFFER 9:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated June 29, 2009 and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may requite revision during detailed site plan
review to meet a/lappllcable City Codes and Standards. A/I applicable permits required by the City
Code, Including those administered by the Department of Planning I Development Services Center and
Department of Planning I Pennlfs and Inspections Division, and the issuance of a CeI1ificate of
Occupancy, are required before any uses a/lowed by this Change of Zoning are valid.
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 4
, III
'I 'I I'
AERIAL OF SITE LOCATION
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 5
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SANDLER AT BRENNEMAN FARM. LLC
Agenda 'tam 2
Page 6
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PROPOSED OVERALL LAYOUT
SANDLER AT BRENNEMAN FARM,I..LC
Agenda Item 2
Page 7
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PROPOSED 2-STORY UNITS
SANDLER AT BRENNEMAN FARM, lLC
Agenda Itepl 2
Page 8
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EXISTING 2-STORY TOWNHOMES TO
BE CONSTRUCTED IN LIEU OF
3-STORY CARRIAGE HOMES
SANDLER AT BRENNEMAN FARM, LLC
AgendaltEfll 2
Page 9
EXISTING 3-STORY CARRIAGE HOMES
SANDLER AT BRENNEMAN FARM, lLC
Agenda Item 2
Page 10
! III
! I 'I I'
EXISTING 3-STORY CARRIAGE HOMES
SANDLER AT BRENNEMAN FARM, lLC
Agenda Item 2
Page 11
1
04/24/07
09/09/03
06/23/98
04/13/93
01/11/82
06/14/71
02/23/99
2
3
02/23/99
OS/23/89
03/12/96
OS/26/92
06/25/02
02/01/00
02/24/98
1 0/28/97
4
5
Approved
Approved
Approved
Approved
Approved
A roved
Approved
Approved
Denied
Approved
A roved
Approved
Approved
Approved
A roved
ZONING HISTORY
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 12
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Sandler at Brenneman Farm, L.L.C.. a Virginia limited liability company (see List 1 attached)
2. list all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
(see List 2 attached)
o Check here if the applicant is NOTa 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)
Property owner is same as applicant
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Property owner is same as applicantx .
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 2
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the subject
land? Yes No ~
If yes, what is the name of the official or employee and the nature of their interest?
Amendment to PDH Plan Applica\lon
Page 11 of 12
RevIsed. 7/3/07
I' II
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SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 13
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DISCLOSURE STATEMENT II
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)
('>9& Lilt '3 ittat;:hd)
1 "Parent-subsidiary relationship' means ua 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 Govemment Conflict of Interests Act, Va.
Code ~ 2.2-3101.'
2 uAffiliated business entity relationship" means ua 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 Govemment Conflict of Interests Act. Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the informallon 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
~~
R nt's Signature
w.t:\~ I\l y.~~)tJ
Print Name
Property Owner's Signature (If different than applicant)
Pnnt Name
Amendment to PDH Plan Application
Page 12 of 12
- . .....--
DISCLOSURE STATEMENT
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 14
I' II
LIST 1
List 2
LIST OF BUISINESSES WITH AFFILIATED BUSINESS ENTITY
RELATIONSHIP WITH APPLICANT.
Equity Title Company, L.L.c.
Greendale, L.L.C.
L.M. Sandler & Sons, Inc.
SAS Investors
Sandler at Ashville Park, L.L.c.
Sandler at Brown Farm, L.L.c.
Sandler at Brown Farm II, L.L.c.
Sandler at lexington, L.L.C.
South Independence Acquisition, L.L.c.
Tate Terrace Realty Investors, Inc.
. Tidewater Mortgage Services, Inc.
Tidewater Finance Company
Today Homes, Inc,
Wedgewood Associates, L.L.c.
Westview Plaza Associates, L.P.
Today Homes Realty, Inc.
.business entities with properties located in' the City of Virginia Beach, Virginia
DISCLOSURE STATEMENT
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 15
LIST 3
LIST OF SERVICE PROVIDERS
(Brenneman Farm)
Faggert & Frieden, P.c.
Legal Services
Kaufman & Canoles, P.c.
Legal Services
Equity Title Company, LLC
Title Insurance
Bank of America, N.A.
Financial Services
Engineering & Testing Services, Inc. (ETS) -
Engineering Services
Kimley-Hom & Associates, Inc.
Engineering Services
T AF Group
Engineering Services
New Millennium Environmental
Engineering Services
Rouse-Sirine Associates, Ltd.
Surveying Services
Basnight Land & Lawn
Landscaping Services
Bay Concrete Construction, Inc.
Construction Services
Atlantic Coastal Clearing & Grading
Construction Service:.
Atlantic Coastal Contractors
Construction Services
Chesapeake Bay Contractors, Inc.
Construction Services
B&H Concrete
Construction Services
Today Homes, Inc.
Construction Services
Ocean Leisure, Inc.
Construction Services
DFllnc.
Construction Services
TIW Contractors
Construction Services
Smith &Keene
Construction Services
Central Plumbing
Construction Services
DISCLOSURE STATEMENT
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 16
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Portfield Design Center
Design Services
Ferguson Enterprises. Inc.
Furnishings and Fixtures
Access Innovations
Furnishings and Fixtures
Tripac Cabinets
Furnishings and Fixtures
Tidewater Flooring
Furnishings and Fixtures
Sears
Furnishings and Fixtures
Slock Building Supply
Furnishings and Fixtures
Sea Gull Lighting
Furnishings and Fixtures
PenSign
Signage and Fencing
William E Wood New Homes Division
Sales and Marketing Services
~
DISCLOSURE STATEMENT
SANDLER AT BRENNEMAN FARM, LLC
Agenda Item 2
Page 17
Item #2
Sandler at Brenneman Farm, L.L.C.
Amendment to PD-H2 Land Use Plan
North side of Nichols Ridge Road between
Willow Croft Drive and Totteridge Lane
District 2
Kempsville
September 9,2009
CONSENT
Joseph Strange: The next item is agenda item 2. An application of Sandler at Brenneman Farm,
L.L.C. for an Amendment to the PD-H2 Land Use Plan, Brenneman Farm located on the north
side of Nichols Park between Willow Cross Drive and Totteridge Lane, District 2, Kempsville
with nine proffers, one to be modified between now and City Council.
Janice Anderson: Welcome.
Catherine Scarborough: Good afternoon. I'm Catherine Scarborough representing Sandler.
Excuse me if I misunderstood. Are we on consent?
Joseph Strange: You are.
Catherine Scarborough: The proffer to be added between now and Council would be the proffer
relative to no fencing?
Joseph Strange: That's right.
Catherine Scarborough: Okay. We're agreeable to that and look forward to and happy to be on
consent.
Joseph Strange: Alright. Thank you very much.
Catherine Scarborough: Thank you.
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 request is a Modification of the Planned Development Land Use Plan to
change the designated land use from 76 carriage-style homes to 76 two-story attached townhouse
units. Staff was initially hesitant to support the proposal, as it was feared that the change would
lessen the quality of the development; however, after discussions with the applicant concerning
quality, building materials, floor area square footage, and other factors, as well as a field visit to
the site, it was determined that a reduction in quality was not a likely outcome. Specifically, the
same exterior building materials for the townhomes, a mix of brick and vinyl, is exactly as
proffered on the 3-story carriage style homes. However, the typical 3-story carriage home is
II II
Item #2
Sandler at Brenneman Farm, L.L.c.
Page 2
2,600 square feet in comparison to the townhouses which average 1,990 square feet. We concur
with staffs position that this request is not a reduction in quality, but simply a reduction in size
to meet the desires of buyers in the area. Therefore, we have included it on our consent agenda.
Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve agenda item
2.
Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias. David?
David Redmond: Yes. Madame Chairman, I would like to specify that I would be abstaining on
item 2 because of a business conflict.
Janice Anderson: Thank you.
AYE 10 NAY 0 ABSl ABSENT
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
LIVAS AYE
REDMOND ABS
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 10-0-1, with the abstention so noted, the Board has approved item 2
for consent.
Janice Anderson: Thank you
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-7555
TO:
FROM:
Mark D. Stile~
B. Kay Wilson
DATE: September 25, 2009
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Sandler At Brenneman Farm, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 13, 2009. I have reviewed the subject proffer agreement, dated
June 29,2009 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
,I 111
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AGREEMENT
TillS AGREEMENT is made June 29, 2009, by and between SANDLER AT
BRENNEMAN FARM. L.L.C., a Virginia limited liability company (hereinafter referred to as
"Grantor"), and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia (hereinafter referred to as "Grantee").
WI TNE SSE TH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition. addressed to the Grantee, to modify a portion of the
Brenneman Farm Land Use Plan previously adopted by the City Council of the City of Virginia
Beach, Virginia (the "Land Use Plan"); and
WHEREAS, Grantor's property contains a total of 13.69 acres, more or less, is located in
the Kempsville Election District of the City of Virginia Beach, Virginia, and is more particularly
described in the attached Exhibit A (the "Property"); and
WHEREAS, the Property is a portion of the property shown and described as
"PROPOSED PD-H~ CONDOMINIUM C 17.8 +/- AC" on the exhibit titled "Proposed Zoning
Plan," dated July 18, 2003, as contained in the four part, multi-page document entitled
Brenneman Farm Development Manual dated July 18,2003, which publication was exhibited to
and adopted as part of the Land Use Plan by the City Council (the "Manual"); and
WHEREAS, the Grantor desires to amend the Land Use Plan so that a portion of the
Property may be developed for two-story, attached dwelling units, instead of carriage houses, as
proposed in the Land Use Plan and the Manual; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
GPIN: 1476-71-5481
Prepared By:
Faggert & Frieden, P.C.
222 Central Park Avenue, Suite 1300
Virginia Beach, VA 23462
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property, for the protection of the
community that are not generally applicable to land similarly zoned, are needed to cope with the
situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee. as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing A-12 and PD-H2 zoning
districts by the City's Zoning Ordinance (CZO). the following reasonable conditions related to
the physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless" notwithstanding the
foregoing. these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent; and
2
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WHEREAS, certain covenants and restrictions governing the Property were adopted by
the City Council of the City of Virginia Beach on July 24, 2003, as part of the Land Use Plan,
which covenants and restrictions have been recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number
200310290176399, and amended by that certain Agreement dated January 1, 2007, recorded in
the Clerk's Office as Instrument Number 20070501000590430 (as amended, the "Existing
Proffers"); and
WHEREAS, Grantor desires to modify certain of the Existing Proffers related to that
portion of the Property to be developed as two-story, attached dwelling units, without affecting or
changing the Existing Proffers with respect to the remainder of the Property;
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of Quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these Proffers
shall constitute covenants running with the said Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The Land Use Plan shall be modified and revised, so that the portion of the
Property shown and described as "Area Proposed for 2 Story Attached Units" on Sheets 1 and 2
of the conceptual site plan of Lexington (the "Lexington Townhouse Section"), which has been
exhibited to the City Council and is on file with the Planning Department, may be developed for
two-story attached dwelling units, instead of carriage homes, as originally shown and depicted in
the Land Use Plan and the Manual.
3
2. The total number of two-story attached dwelling units constructed within the
Lexington Townhouse Section shall not exceed seventy six (76) units.
3. All dwelling units constructed within the Lexington Townhouse Section shall be
constructed using designs and building materials in substantial conformity with those depicted on
the rendering shown on Sheet 3 of the conceptual site plan exhibited to the City Council and is
on file with the Planning Department.
4. Except as provided in this Agreement or on the conceptual site plan, the
Lexington Townhouse Section shall be developed in accordance with the criteria set forth in
Section 603, 605 and 606 of the Virginia Beach Zoning Ordinance in effect on the date this
application is approved.
5. The required building setbacks for the two-story dwelling units constructed within
the Lexington Townhouse Section shall be as follows:
a.
b.
Front yard setback, from face of curb/private street
Side yard setback, adjacent to a private street from face of curb
for end units only
Minimum distance between end units of buildings
Rear yard setback from exterior property line or private street
Minimum distance between buildings rear to rear
Lot coverage building footprint
Maximum building height
20'
10'
12'
10'
20'
45%
40'
6. A minimum of two (2) off street parking spaces shall be provided for each unit.
Garage parking shall be utilized to meet parking requirements.
c.
d.
e.
f.
g.
7. The private street width shall be twenty-six feet (26') from face of curb to face of
curb. The private alley width shall be twelve feet (12') from edge of asphalt to edge of asphalt.
8. The Property shall follow the design criteria set forth below:
a. The maximum number of units attached per building shall be six (6).
b. Units shall be constructed on raised slab with brick skirt on the front elevation.
c. At a minimum, beaded vinyl siding will be provided on all units.
4
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d. The following shall be allowed to encroach into required setbacks a maximum
distance of two feet (2'): fireplaces; bay windows; steps; decks which do not
exceed eighteen inches (18") in height, excluding railings; patios; and HV AC
equipment.
e. Fences on the two story townhomes fronting on Totteridge Lane and Willow Croft
Drive shall not be permitted.
Further conditions may be required by the Grantee during detailed Site Plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (I) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing oflegal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
5
[Remainder of Page Intentionally Left Blank]
6
II 'I I;
IN WITNESS WHEREOF, the foregoing Agreement is executed as of the date first
written above.
GRANTOR:
SANDLER AT BRENNEMAN FARM, L.L.C.,
a Virginia limited liability company
By: /~
.,
Print ame:N a... ~~'" \), \\ Q '^~cV'\
Its: ~1. \i\C:, G. \> .(
-,J
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The fore!\oin$ inslnml.ent ~ acknowledged before me this '1\~ of Se~\~\'"
2009 by ~~\\CU,\\) , \ Je..Ir~o"" , in hislher capa ity as
"^\ v..\/\.J.>>Jt e ~I on behalf of Sandler at Brenneman Farm, L.L.C.,. a
Virginia limited liability company.
~" /~4
ufa-i; . i' ;
. N Public
My Commission Expires: 0 / - ~ ~ - \ CJ
7
EXHIBIT A
ALL THAT certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia
shown on Plat of Phase 12, Nichols Park at Lexington, a
condominium, as recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number 20090317000274790 and being
identified as Additional Land and bounded on the North by Totteridge Lane, on the east
by Phase 5, on the south by an alley and on the west by Nichols Ridge Road;
And
ALL THAT certain parcel of land, situate, lying and being in the City of Virginia Beach, Virginia
shown on Plat of Phase 12, Nichols Park at Lexington, a
condominium, as recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia as Instrument Number 20090317000274790 and being
identified as Additional Land and bounded on the North by an alley, on the east by Phase
6, on the south by Willow Croft Drive and on the west by Nichols Ridge Road.
8
. CUP for Church
1 11/25/03 CUP motor vehicle sales) Granted
2 03/12/02 CUP small enaine reoair) Granted
3 05/09/00 CUP church) Granted
ZONING HISTORY
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 6
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HEBRON CORNERSTONE CHURCH INTERNATIONAL I CS COMMERCIAL
PROPERTIES, LLC, Conditional Use Permi~ church, 5565 Virginia Beach
Boulevard. KEMPSVILLE DISTRICT.
MEETING DATE: October 13, 2009
. Background:
The applicant requests a Conditional Use Permit to allow a church in an existing
34,000 square foot building. The building on this property formerly housed a
Goodwill Industries retail and auto sales and auction facility.
. Considerations:
The 425 member church proposes renovations to the building, including a 500-
seat sanctuary and space for outreach activities, which will include a food bank,
educational tutoring, and vocational skill training for underprivileged youth.
The Zoning Ordinance requires one parking space for every five seats in the
sanctuary. The church is proposing a sanctuary with 500 seats. With a
requirement of 100 spaces, parking is more than adequate, as there are160
spaces on the site in the combined areas of both the front and rear of the
building. The majority of the spaces are located on the rear of the property,
behind the existing building.
In 2003, when City Council granted a Conditional Use Permit to Goodwill
Industries of Hampton Roads to utilize the rear of the site for the display of up to
90 donated used vehicles to be resold to the general public at auction, a
condition of that Use Permit required the installation of landscaping. Some of the
landscaping required by that condition has not been installed along the rear
property line. Staff, therefore, is recommending conditions that this landscaping
be installed, which will enhance the existing buffer between the church and the
dwellings at the rear of the site.
In sum, this site is an appropriate location for a church, and the overall proposal
represents a redevelopment opportunity that will fill a currently vacant space
within this portion of the Virginia Beach Boulevard corridor.
There was no opposition to this request.
HEBRON CORNERSTONE CHURCH
Page 2 of 2
. Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0 to recommend approval to the City Council,
with the following conditions:
1. Where deficient, streetscape landscaping along Virginia Beach Boulevard and
interior parking lot landscaping within the existing parking lot and islands shall
be installed as described in the Landscaping Guide, City of Virginia Beach,
December 2002. Details of said landscaping shall be depicted on a site plan
and submitted to the Development Services Center for review and approval
and shall be installed prior to issuance of final occupancy.
2. All outdoor lighting shall be shielded to direct light and glare onto the
premises; said lighting and glare shall be deflected, shaded, and focused
away from adjoining property. Any outdoor lighting fixtures shall not be
erected any higher than 14 feet.
3. A Certificate of Occupancy shall be obtained from the Building Official's Office
prior to operation of a church on this site.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
City Manage .
Submitting Department/Agency: Planning Department
\-~.,h
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I III
REQUEST:
Conditional Use Permit (church)
ADDRESS I DESCRIPTION: 5565 Virginia Beach Boulevard
GPIN:
14673820460000
ELEcnON DISTRICT:
KEMPSVILLE
SITE SIZE:
3.02 acres
II 'I I'
1
September 9, 2009 Public Hearing
APPLICANT:
HEBRON
CORNERSTONE
CHURCH
PROPERTY OWNER:
CS COMMERCIAL
PROPERTIES, LLC
STAFF PLANNER: Carolyn A.K. Smith
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Pennit to allow a
church in an existing 34,000 square foot building. The building
on this property fonner1y housed a Goodwill Industries retail and auto sales and auction facility. The 425
member church proposes renovations to the building, including a 5OQ-seat sanctuary and space for
outreach activities, which will include a food bank, educational tutoring, and vocational skill training for .
underprivileged youth.
LAND USE AND ZONING INFORMATION
SURROUNDING LAND
USE AND ZONING:
North:
EXISnNG LAND USE: Vacant building (fonner Goodwill Industries facility) and parking lot
South:
. Virginia Beach Boulevard
. Retail shops I B-2 Community Business District
. Single-family dwellings I R-10 Residential District
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 1
East:
West:
. Fuel sales, mini-warehouse I B-2 Community Business District
. Dominion Virginia Power Substation I R-7.5 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The property is located within the Chesapeake Bay watershed. The
majority of the site is impervious and thus possesses no significant
environmental features. Stormwater on the site is controlled by an
existing system.
IMPACT ON CITY SERVICES
MASTER TRANSPORTA nON PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIP1: Virginia Beach
Boulevard in this location is an eight-lane divided major urban arterial. The MTP proposes a divided roadway
within a 150-foot wide right-of-way section. There are no CIP projects for this section of roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 38,229 ADT 1 34,940 ADT' (Level of Previous Land Use ~-
Boulevard Service .C.) - 64,260 Weekday: 1,918ADT
ADT 1 (Level of Service SUnday: 1,880 ADT
.E.) Proposed Land Use 3_
Weekday: 312 ADT
SundaY: 1 254 ADT
Average Daily Trips
2 as defined by 34,235 square foot thrift store
3 as defined bv 34,235 SQuare foot church
WATER AND SEWER: This site is already connected to botI:I City water and sewer. The existing 5/B-inch
domestic meter and the fire meter can be used or upgraded to accommodate the proposed development.
Analysis of Hampton Roads Sanitation District Pump Station #007 and the sanitary sewer collection system
may be required to ensure future flows can be accommodated.
Recommendation:
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area. 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 AND RECOMMENDATION
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 2
I III
II "I'
Evaluation:
In 2003, City Council granted a Conditional Use Pennit to Goodwill Industries of Hampton Roads toytilize
the rear of the site for the display of up to 90 donated used vehicles to be resold to the general public at
auction. A condition of that Use Penn it required the installation of landscaping; some of the landscaping
required by that condition has not been installed. Staff, therefore, is recommending conditions that this
landscaping be installed, which will enhance the existing buffer between the church and the dwellings at
the rear of the site.
The Zoning Ordinance requires one parking space for every five seats in the sanctuary. The church is
proposing a sanctuary with 500 seats. Wth a requirement of 100 spaces, parking is more than adequate,
as there are160 spaces on the site in the combined areas of both the front and rear ofthe building. The
majority of the spaces are located on the rear of the property, behind the existing building.
In sum, Staff concludes that this site is an appropriate location for a church, as well as a redevelopment
opportunity that will fill a currently vacant space within this portion of the Virginia Beach Boulevard
corridor. Approval subject to the conditions below is recommended.
CONDITIONS
1. V\lhere deficient, streetscape landscaping along Virginia Beach Boulevard and interior parking lot
landscaping within the existing parking lot and islands shall be installed as described in the
Landscaping Guide, City of Virginia Beach, December 2002. Details of said landscaping shall be
depided on a site plan and submitted to the Development Services Center for review and approval
and shall be installed prior to issuance of final occupancy.
2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare
shall be deflected, shaded, and focused fN/aY from adjoining property. Any outdoor lighting fixtures
shall not be erected any higher than 14 feet.
3. A Certificate of Occupancy shall be obtained from the Building Official's Office prior to operation of a
church on this site.
NOTE: Further conditions may be required during the administnltion of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable pennlts required by the City
Code, Including those administered by the Department of Planning I Development SetVices Center and
Department of Planning I Permits and Inspections Division, and the Issuance of a Cettiflcate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
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.
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 3
AERIAL OF SITE LOCA TIOH
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 4
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PROPOSED SITEPLA.N
HEBRON CORNERSTONE CHURCH
Agendalt~tn 1
Page 5
CUP for Church
1 11/25/03 CUP motor vehicle sales) Granted
2 03/12/02 CUP small enaine reoair) Granted
3 05/09/00 CUP church) Granted
ZONING HISTORY
HEBRON CORNERSTONE CHURCH
Agenda Item 1
Page 6
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Hebron Cornerstone Church International: Sr. Pastor Karol Warren; Pastor Chris
Luster; Pastor Gerald Thompson; Robert Creekmur, Trustee; Elijah Walker, Trustee
2. List all businesses that have a parent-subsidiary' or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, 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)
CS Commercial Properties, L.L.C.: James M. Conway, Member;
Howard R. Sykes, Jr., Memb.er
2. List all businesses that have a parent~subsjdiary1 or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
1 2
& See next page for footnotes
Conditional Use Pennit Application
Page 9 of '0
Revised 91112004
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Agenda Item 1
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
services: (Attach list if necessary)
Inner Image Designs
S.l. Nusbaum Realty
AAA Authentic Designs Construction, Inc.
Sykes, Bourdon, Ahern & Levy, P.C.
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (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 'ect propertY. at 1!3 t 30" ays prior to the scheduled public hearing
acg9fdfhg to t instr i . t , pac age.
Hebron e t
By: ~> ,1-1 Sr. Pastor Karoll. Warren
Appli nt's Sign tur Print Name
CS Comm r
By: Howard R. Sykes, Jr., Member
Property Print Name
ConditIonal Use Permit Application
Page 10of10
Revised 9/1/2004
DISCLOSURE STATEMENT
HEBRON CORNERSTONE CHURCH
Agenda Itern 1
Page 8
I' II
Item # 1
Hebron Cornerstone Church International
Conditional Use Permit
5565 Virginia Beach Boulevard
District 2
Kempsville
September 9,2009
CONSENT
Janice Anderson: The next group of items that we are going to review are those matters that
have been placed on our consent agenda. Our Vice Chairman Joe Strange will handle those
matters.
Joseph Strange: Thank you. This afternoon, we have 7 items on the consent agenda. The first
matter is agenda item 1. An application of Hebron Cornerstone Church International for a
Conditional Use Permit for a church on property located at 5565 Virginia Beach Boulevard,
District 2, Kempsville with three conditions.
Eddie Bourdon: Thank you Mr. Strange. Madame Chair, for the record, I'm Eddie Bourdon, a
Virginia Beach attorney representing the applicant, as well as the property owner. I want to
mention that the property owner is actually CS Commercial Properties, L.L.c. Carolyn is going
to correct that before it goes to City Council. We agree to all three conditions that are
recommended and appreciate being on the consent agenda. This is a church that has outgrown
its existing location over on Little Creek Road.
Joseph Strange: Thank you. 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: Thank you. The applicant requests a Conditional Use Permit to allow a church in
an existing 34,000 square foot building. The 425 member church proposes renovations to the
building, including a 5,000-seat sanctuary and space for outreach activities which will include a
food bank, education tutoring, and vocational skill training for underprivileged youth. Parking is
more than adequate as there are 160 parking spaces on the site compared to a 100 space
requirement. In sum, we conclude that this site is an appropriate location for a church, as well as
a redevelopment opportunity that will fill a currently vacant space within this portion of the
Virginia Beach Boulevard corridor. Therefore, we have included this request on your consent
list.
Joseph Strange: Thank you Henry. Madame Chairman, I make a motion to approve agenda I.
Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
Item # I
Hebron Cornerstone Church International
Page 2
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 1 for consent.
Janice Anderson: Thank you
1.
7/03/01
10/27/98
9/22/98
2.
3.
4.
7/18/06
3/28/06
8/24/04
5.
6.
7.
11/12/02
9/14/99
8/10/04
Conditional Rezoning (R-5D Residential to 1-1 Light Industrial)
Reconsideration of Conditions
Conditional Rezoning (R-5D Residential to 1-1 Light Industrial)
and a Conditional Use Permit (processing of woody
ve etation
Conditional Use Permit Bulk stora e
Conditional Use Permit Automotive re air
Conditional Rezoning (R-5D Residential to 0-1 Office and R-
5D Residential
Conditional Use Permit Church ex ansion
Conditional Rezonin R-5D Residential to 1-1 Li ht Industrial
Conditional Rezoning (R-5D Residential to 1-1 Light Industrial,
1-2 Heav Industrial, and P-1 Preservation
Approved
Denied
Approved
A roved
A roved
Approved
ZONING HISTORY
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 8
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ATLANTIC MARINE CONSTRUCTION, INC., Conditional Use Permit, bulk
storage yard, 3465 Chandler Creek Road. ROSE HALL DISTRICT.
MEETING DATE: October 13,2009
. Background:
The applicant requests a Conditional Use Permit to allow a portion of the site to
be used for bulk storage of construction vehicles, materials, and equipment
associated with his marine construction business.
The Comprehensive Plan designates this site as part of Strategic Growth Area
11, West Holland Area. The portion of this Strategic Growth Area is
recommended for non-residential uses including ottice, light industrial and limited
retail.
. Considerations:
The site is part of a larger industrial park of 33 acres known as Rosemont
Commerce Center. Several of the industrial businesses located within the park
have bulk storage of items associated with that particular business. The applicant
is storing construction vehicles, materials, and equipment, such as a shipping
container, office trailer, and boat. The applicant has installed a six-foot solid
wooden fence around the perimeter of the bulk storage area.
There is a residential area located to the east across the drainage canal from th~
applicant's site, which was constructed after the business park was developed.
Conditions have been added to this Use Permit to ensure the storage area is
screened from the homes to the greatest extent possible.
There was no opposition to this request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
recommend approval to the City Council, with the following conditions:
1. Bulk storage of construction vehicles, materials, and equipment related to
the marine business shall be limited to the area defined on the submitted
improvements and layout plan entitled "Lot #6 Rosemont Commerce Park",
page 6 of 15, prepared by wpl civil engineers, land surveyors, planners and
landscape architects, dated April 27, 2005. Said plan has been exhibited to
ATLANTIC MARINE CONSTRUCTION,INC.
Page 2 of 2
the City of Virginia Beach City Council and is on file in Planning Department.
2. The applicant shall install 40 evergreen shrubs along the perimeter of the
fence. The shrubs shall be three feet (3') in height at time of planting, spaced
five feet (5') on center, in a five foot (5') planting bed.
3. The applicant shall install two feet (2') of wooden lattice along the top of the
existing six foot (6') fence. The proposed lattice shall be attached inside the
fence, on the portion facing into the storage area.
4. The applicant shall paint the storage container an earth tone color (cream,
sand, beige, tan) so that it blends with the fence.
5. The applicant shall work with the Police Department CPTED office (MPO Jeff
Eaton) to insure that the lighting on the site is unobtrusive to the adjacent
neighbors and meet the applicant's security issues.
6. The applicant shall contact the Fire Department for an inspection of any
hazardous materials on site. The applicant shall provide evidence of the
inspection to Planning Staff.
7. The applicant shall accomplish Conditions 2 through 6 within 60-days of City
Council approval.
8. All dump trucks, trailers, and oversized vehicles shall be parked within the
bulk storage area when not in use.
9. The gates to the bulk storage area shall be closed at all times except when
personnel are loading or off-loading equipment and materials.
10. Hours of operation in and around the bulk storage area are limited to 7:00
am to 6:00 pm Monday through Friday.
11. There shall be no stacking of containers on the site.
. Attachments:
Staff Review and Disclosure Statement
Planning Commission Minutes
Location Map and Summary
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting De artmentlAgency: Planning Department
~ k.?J&~
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City Manager:
REQUEST:
Conditional Use Permit for bulk storage
ADDRESS I DESCRIPTION: 3465 Chandler Creek Road
GPIN:
14859344980000
ELECTION DISTRICT:
ROSE HALL
'I
13
September 9, 2009 Public Hearing
APPLICANT:
ATLANTIC MARINE
CONSTRUCTION
CO., INC.
STAFF PLANNER: Faith Christie
SITE SIZE:
3.574 acres
AICUZ:
65-70 dB Ldn, Sub-Area 3
APPLICATION HISTORY: The request was deferred at the July 8, 2009 Planning Commission meeting
to give the applicant, the adjacent neighbors and staff time to meet and try to try to reach a consensus on
the request. A meeting was held August 28, 2009 in the Planning Department with the applicant, staff, the
adjacent neighbors, and Planning Commissioner Crabtree. Issues raised by the neighbors mirrored
previous comments. The neighbors offered the following suggestions -
· Add 2-feet of lattice to the top of the fence so that the overall height of the fence is 8-feet. The
additional 2-feet will assist in screening the container on the site.
. Plant evergreen shrubs directly adjacent to the existing fence.
· Paint the container an earth tone color (cream, beige, sand, tan) so that it blends better with the
fencing.
. There should be no storage of hazardous materials. An inspection by the Fire Department should
be sought to insure any hazardous materials on site are stored properly.
· The applicant shall work with CPTED Police Officer Jeff Eaton to insure the lighting on the site is
unobtrusive to the adjacent neighbors and meet the applicant's security issues.
Additionally the neighbors asked that staff contact Public Works regarding the drainage canal about the
lack of maintenance and screening of the canal.
Staff concurs with the neighbors requests. The additional screening and landscaping, painting the
container, assurance that any storage of hazardous materials is properly inspected, and inspection of the
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 1
site lighting does not impose any undue hardship, financially or otherwise, on the applicant. The
additional conditions can be found at the end of the report.
Staff has contacted the Public Works office with regard to the drainage canal maintenance and screening.
The request was deferred September 10, 2008 by the applicant after lengthy discussion with the Planning
Commission and adjacent neighbors. The following concerns were raised by adjacent property owners:
· The request does not comply with the deed restrictions attached to the industrial park.
· Property values and the quality of life for adjacent property owners will be affected by the use.
· Noise and vibrations from the large equipment.
. Hours of operation.
· Clearing of the trees, shrubs and the understory along the canal bank.
The applicant explained that his business is contracting to the U. S. Navy, U. S. Army, and the U. S,
Marine Corps to construct child development centers, youth activity centers, temporary administration
facilities and temporary billet quarters. He stated that the equipment on the site is temporary in nature,
only moved to the site between jobs and for reconditioning in order to sell when no longer needed. The
Planning Commission advised the applicant to meet with the adjacent property owners in order to reach a
compromise regarding the request. Staff contacted the applicant in October 2008 regarding the
neighborhood meeting. The applicant advised staff that he was proceeding with the screening and
landscaping and would then contact the neighbors to meet. In April 2009, the zoning inspector for the
area contacted the applicant and advised him to remove all the equipment from the site or move forward
with the conditional use permit request. In May 2009, the zoning inspector advised staff that the fencing
and landscaping was complete around the bulk storage area.
In response to the issues raised by the neighbors, staff offers the following information:
· Staff does not enforce private deed restrictions on private property; therefore, the violation of the
deed restrictions is a private matter within the condominium association's purview.
· Staff is empathetic to all property owners with regard to their property values and quality of life.
The industrial park was developed in 2001, and conditional use permits for bulk storage and
automotive repair have been approved in the park. The homes were constructed after the park
was developed. The problem with this area is the change in topography along the canal bank.
The homes on the southeastern side of the canal are slightly higher in elevation than the park;
therefore the operations are visible from homes no matter the type of screening the operators
install. Zoning staff advises that the screening and vegetation the applicant has installed meets
the requirements of the zoning ordinance for bulk storage areas.
· Apparently there were trees, shrubs, and heavy undergrowth which somewhat screened the
industrial park from the neighborhood. The City has an ongoing Capital Improvement Program
(CIP) project to clean out the drainage canal running between the industrial park and the
neighborhood. A large part of the applicant's property is encumbered by an easement for the
purpose of maintaining the drainage facilities. The City cleared all the vegetation on the industrial
park side of the canal as part of the maintenance project for the canal. The area has been re-
seeded and stabilized. Public Works advises staff they will not plant trees since they have to go in
every three years to clean the drainage ditch and they would have to clear out all of the
vegetation to accomplish the maintenance on the canal.
· With regard to the noise and vibration from the large equipment, it is possible that the vegetation
that was removed provided some sound attenuation for the adjoining properties. However, with
the removal of the vegetation due to the canal maintenance not only is the site more visible, but
the noise carries more easily than before. Staff hopes that once the newly installed vegetation
reaches maturity this will not be a problem.
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 2
'I
. Staff has added a condition regarding the operating hours of the business.
The applicant requests a Conditional Use Permit to allow a
portion of the site to be used for bulk storage of construction
vehicles, materials, and equipment associated with his marine construction business.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Office, shop area for the maintenance and repair of the business vehicles and
construction equipment, parking and landscaping, and bulk storage of vehicles, materials and equipment
related to the business.
SURROUNDING LAND
USE AND ZONING:
North:
. Chandler Creek Road
. Across Chandler Creek Road is a granite and marble business
and bulk storage I Conditional 1-1 Light Industrial
. Single-family dwellings I R-5D Residential
. Intersection of Chandler Creek Road and Rosemont Road
. Office I Conditional 1-1 Light Industrial
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with this site.
AICUZ:
IMPACT ON CITY SERVICES
There is no impact on City services.
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 Strategic Growth Area 11, West Holland Area.
The portion of this Strategic Growth Area located north of Dam Neck Road between Rosemont and
Holland Roads is recommended for non-residential uses including office, light industrial and limited retail.
The proposal conforms to the Comprehensive Plan's recommendations for this area.
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 3
Evaluation:
The site ;s part of a larger industrial park of 33 acres known as Rosemont Commerce Center. Several of
the industrial businesses located within the park have bulk storage of items associated with that particular
business. The applicant is storing construction vehicles, materials, and equipment, such as a container,
office trailer, and boat. Several dump trucks were parked in the parking lot the day staff visited the site.
The applicant has installed a six-foot solid wooden fence around the perimeter of the bulk storage area.
Staff understands the concerns expressed by the adjacent property owners with regard to the value of
their property and quality of life. It must be stressed, however, that the industrial park was developed in
2001, several years prior any residential development in the area, and several conditional use permits for
bulk storage and automotive repair have been approved in the park. The homes across the drainage
canal from the applicant's site were constructed after the business park was developed. The problem the
residents now have is due to (1) the loss of the vegetation that served as a buffer prior to its removal and
(2) the change in topography along the canal bank. The homes on the southeastern side of the canal are
slightly higher in elevation than the park; therefore, the activities in the business park are visible from the
homes.
The Zoning Inspector for this area has inspected the site and advises that the screening and vegetation
the applicant has installed meets the requirements of the Zoning Ordinance for bulk storage areas.
Staff, therefore, finds the request reasonable subject to the conditions listed below.
CONDITIONS
1. Bulk storage of construction vehicles, materials, and equipment related to the marine business shall
be limited to the area defined on the submitted improvements and layout plan entitled "lot #6
Rosemont Commerce Park", page 6 of 15, prepared by wpl civil engineers, land surveyors, planners
and landscape architects, dated April 27, 2005. Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in Planning Department.
2. The applicant shall install 40 evergreen shrubs along the perimeter of the fence. The shrubs shall be
three feet (31 in height at time of planting, spaced five feet (51 on center, in a five foot (51 planting
bed.
3. The applicant shall install two feet (21 of wooden lattice along the top of the existing six foot (61 fence.
The proposed lattice shall be attached inside the fence, on the portion facing into the storage area.
4. The applicant shall paint the storage container an earth tone color (cream, sand, beige, tan) so that it
blends with the fence.
5. The applicant shall work with the Police Department CPTED office (MPO Jeff Eaton) to insure that the
lighting on the site is unobtrusive to the adjacent neighbors and meet the applicant's security issues.
6. The applicant shall contact the Fire Department for an inspection of any hazardous materials on site.
The applicant shall provide evidence of the inspection to Planning Staff.
7. The applicant shall accomplish Conditions 2 through 6 within 60-days of City Council approval.
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 4
I II
I Ii
8. All dump trucks, trailers, and oversized vehicles shall be parked within the bulk storage area when not
in use.
9. The gates to the bulk storage area shall be closed at all times except when personnel are loading or
off-loading equipment and materials.
10, Hours of operation in and around the bulk storage area are limited to 7:00 am to 6:00 pm Monday
through Friday.
11. There shall be no stacking of containers on the site.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this use permit 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.
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 5
AERIAL OF SITE LOCATION
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 6
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PROPOSED SITE PLAN
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 7
1. 7/03/01 Approved
10/27/98 Denied
9/22/98 Approved
2, 7/18/06 A roved
3. 3/28/06 A roved
4. 8/24/04 Approved
5. 11/12/02
6. 9/14/99
7. 8/10/04
ZONING HISTORY
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Itel1\l13
Page 8
II DISCLOSURE STATEMENT
II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
/,partners, etc. below: (Attach list if necessary)
,.-
At)J1ntic Marine Construction CO.,lnc.
/,'
/Linda V. Exum, V.p., Bruce W. Exum Jr. President
2. List all businesses that have a parent-subsidiaryl or affiliated business entit~
relationship with the applicant: (Attach list if necessary)
N/A
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)
\ <~J.LLC
/'
\ Linda V. Exum - Member Bruce W. Exum Jr. - Member
2. List all businesses that have a parent-subsidiary1 or affiliated business entit~
relationship with the applicant: (Attach list if necessary)
N/A
o Check here if the property owner is NOT a corporation, partnership, firm,
business. or other unincorporated organization.
1 2
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No ~
If yes, what is the name of the official or employee and the nature of their interest?
Condiliooal Use Permit Application
Page 9 of 10
Revised 7/312007
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ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 9
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DISCLOSURE STATEMENT II
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
~,&fvices: (Attach list if necessary)
/
t.lI~'1tiC' ~~arine ConstnlC'tion ('0 , Inc
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation: See State and Local Government Conflict of Interests Act. Va.
Code ~ 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 hotograph and view the site for purposes of processing and evaluating this application.
l~~
Bruce W. Exum Jr.
Print Name
?/fuJ L- W. C jJA. ~ I J\.
~
Condilional Use Permit Application
Page 10 of 10
Revised 7/3/2007
ATLANTIC MARINE CONSTRUCTION CO., INC.
Agenda Item 13
Page 10
" I'
Item # 13
Atlantic Marine Construction, Inc.
Conditional Use Permit
3465 Chandler Creek Road
District 3
Rose Hall
September 9,2009
CONSENT
Joseph Strange: The next matter is agenda item 13. An application of Atlantic Marine
Construction, Inc. for a Conditional Use Permit for a bulk storage yard on property located at
3465 Chandler Creek Road, District 3, Rose Hall with thirteen conditions. Is there a
representative on this application? There does not appear to be. Is there any opposition to this
matter being placed on the consent agenda?
Carlton Lans: Yes sir.
Janice Anderson: Mr. Lans?
Carlton Lans: Yes ma'am.
Janice Anderson: You're opposed to it being placed on the consent agenda. You want this
matter heard?
Carlton Lans: Yes. I'm not opposed to them having the bulk storage if they meet the conditions.
And, I'm not sure if all those conditions were in there. I noticed there were only ten when the
pamphlet.
Janice Anderson: Okay. We'll pull this matter and place it on our regular agenda. Maybe one of
the planners and review those conditions. It's coming right back up.
Carlton Lans: Okay.
Janice Anderson: Okay. Thank you very much.
REGULAR
Donald Horsley: The next application is item 13, Atlantic Marine Construction, Inc. An
application for a Conditional Use Permit for a bulk storage yard on property located at 3465
Chandler Creek Road, District 3, Rose Hall. Is the applicant here? Is there a representative?
Eugene Crabtree: Madame Chairman?
Janice Anderson: Yes.
Item # 13
Atlantic Marine Construction, Inc.
Page 2
Eugene Crabtree: We have information from the applicant that there was a communication mix
up within the company. One gentleman is out of town, and the other one is tied up. But Ms.
Christie has talked to Mr. Exum on the phone, since this first came up, told him of the additional
condition that one of the neighbor's would like to make, that there should be no stacking of
containers on his site, to make that condition 11. Mr. Exum agrees with this. And said he would
be happy to do and abide by all of the conditions that were discussed at the meeting on the
Friday evening that we met with the neighborhood, and to add this one condition to it with no
problem.
Janice Anderson: Okay.
Eugene Crabtree: So, if there is no further discussion on that and we have heard the objection of
the one individual that he objected except for that one condition and won't do that, I would make
a motion that we approve the application with the addition of that one condition.
Janice Anderson: Okay. Thank you Mr. Crabtree.
Donald Horsley: He made a motion.
Janice Anderson: I want to make sure that is okay.
Donald Horsley: Carlton Lans.
Carlton Lans: I'm fine with that.
Janice Anderson: You're fine with that with what Mr. Crabtree stated with that condition?
Thank you sir. Thank you for coming. Mr. Crabtree has made a motion with 11 conditions for
approval. Is there a second?
David Redmond: I'll second it.
Janice Anderson: A second by Dave Redmond.
Carlton Lans: Thanks to all of you.
Janice Anderson: Thank you sir. Thanks for coming down.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
; II
I I'
Item # 13
Atlantic Marine Construction, Inc.
Page 3
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of Atlantic Marine
Construction, Inc. with the additional condition.
Conditional Use Permit (Alternative ] Denied
Residential Development - 20 units)
and Subdivision Variance
"'1
-=c:::::::; AlG"
cUP for Residential Kennel
1.
3/14/95
ZONING HISTORY
DEBRA BURTON
Agenda Item 3
Page 6
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BOB & DEBRA BURTON, Conditional Use Permit, residential kennel, 1425
Drum Point Road. PRINCESS ANNE DISTRICT.
MEETING DATE: October 13,2009
. Background:
The applicant requests a Conditional Use Permit to allow a residential kennel for
up to 15 dogs. The dogs are pets belonging to the applicant and her children.
The property is zoned AG-1 and AG-2 Agricultural Districts. The Zoning
Ordinance requires a Conditional Use Permit for a residential kennel in situations
where more than four dogs over six months of age are kept as pets or for
hunting, exhibiting, dog shows, or field and obedience trials.
. Considerations:
The request for a Conditional Use Permit for a residential kennel is in keeping
with the planning objectives outlined in Chapter 6 of the City's Comprehensive
Plan. "Rural areas may be characterized as a balance between the natural
environment and human uses with farms, horse boarding, campgrounds,
wineries and open space activities" (Pg.164). The applicant lives on a relatively
large parcel in the rural area of the city, and staff did not receive any comments
with regard to complaints from the Zoning Inspector for the area, the Police
Department, or Animal Control.
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 11-0 to recommend approval to the City Council,
with the following conditions:
1. The applicant shall provide to the Zoning Administrator evidence that the
dogs are properly immunized and licensed with the City of Virginia Beach
within 30 days of City Council approval.
2. No more than fifteen (15) adult dogs (over six months of age) shall be kept on
the property at any time.
Bob and Debra Burton
Page 2 of 2
. 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 11 J ~/
CityManager:tr) \(.. ~ . Vv
CliP (0' Re;hlenti.1 Kennel
REQUEST:
Conditional Use Permit (residential kennel)
ADDRESS I DESCRIPTION: 1425 Drum Point Road
GPIN:
24109433650000;
24109404830000
ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
19.87 acres
AICUZ:
Less than 65 dB DNL
,I
3
September 9, 2009 Public Hearing
APPLICANT & PROPERTY OWNER:
DEBRA BURTON
STAFF PLANNER: Faith Christie
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
residential kennel for up to 15 dogs. The dogs are pets belonging to the applicant and her children. The
property is zoned AG-1 and AG-2 Agricultural Districts. The Zoning Ordinance requires a Conditional Use
Permit for a residential kennel in situations where more than four dogs over six months of age are kept as
pets or for hunting, exhibiting, dog shows, or field and obedience trials.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Drum Point Road
· Agricultural uses I AG-1 Agricultural
· Winesett Nursery I AG-1 and AG-2 Agricultural
· Farm fields I AG-1 and AG-2 Agricultural
NATURAL RESOURCE AND
CULTURAL FEATURES:
The property is within the Southern Watersheds Management Area.
There does not appear to be any significant environmental or cultural
DEBRA BURTON
Agenda Item 3
Page 1
features on the site.
IMPACT ON CITY SERVICES
There are no impacts to City services.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Evaluation:
The request for a Conditional Use Permit for a residential kennel is in keeping with the planning
objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural areas may be characterized as .
a balance between the natural environment and human uses with farms, horse boarding, campgrounds,
wineries and open space activities" (Pg.164). The applicant lives on a relatively large parcel in the rural
area of the city, and staff did not receive any comments with regard to complaints from the Zoning
Inspector for the area, the Police Department, or Animal Control. Staff therefore recommends approval of
the request.
CONDITIONS
1. The applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized
and licensed with the City of Virginia Beach within 30 days of City Council approval.
2. No more than fifteen (15) adult dogs (over six months of age) shall be kept on the property at any time.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
DEBRA BURTON
Agenda Item 3
Page 2
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AERIAL OF SI,.E LOCA,.ION
-
OE.BRA BURTON
Agenda \tem 3
page 3
PHOTO OF HOUSE
DEBRA BUR10N
Agenda Item 3
Page 4
, II
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PHOTO OF AREA TO LEFT OF HOUSE
DEBRA BURTON
Agenda Item 3
Page 5
....1
-=c:::=:::J ..J
cUP fur Residential Kennel
1.
3/14/95
Conditional Use Permit (Alternative ] Denied
Residential Development - 20 units)
and Subdivision Variance
ZONING HISTORY
DEBRA BURTON
Agenda Item 3
Page 6
i II
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business. or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees.
partners, etc below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiari or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
IS! Check here if the applicant IS NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following
1 List the property owner name followed by the names of all officers, members,
trustees, partners, etc below' (Attach list if necessary)
2 List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
18 Check here if the property owner IS NOT a corporation, partnership, firm,
business, or other unincorporated organization
, 2
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No l
If yes, what is the name of the official or employee and the nature of their interest?
Cond,llonal Use Perm,t Application
Page 9 of '0
ReVIsed 7/3/2007
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DISCLOSURE STATEMENT
DEBRA BURTON
Agenda Item 3
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
list all known contractors or bUSinesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services. and legal
services: (Attach list if necessary)
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict!)f Interests Act. Va.
Code ~ 2.2-3101.
Z "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 ~
22-3101
CERTIFICATION: I certify that the information contained herein IS true and accurate
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and 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 processing and evaluating thiS application
t < ,-
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Applicant's Signature
~ (~ ,~ ~_4 , "\ ,...../
Print Name
Property Owner's Signature (if different than applicant)
Print Name
Cond,toonal Use Permit Application
Page 100f 10
ReVised 7/312007
DISCLOSURE STATEMENT
DEBRA BURTON
Agenda Item 3
Page 8
"I I'
Item #3
Debra Burton
Conditional Use Permit
1425 Drum Point Road
District 7
Princess Anne
September 9, 2009
CONSENT
Joseph Strange: The next matter is agenda item 3. An application of Debra Burton for a
Conditional Use Permit for a residential kennel on property located at 1425 Drum Point Road,
District 7, Princess Anne with two conditions.
Debra Burton: Hello.
Janice Anderson: Hello.
Debra Burton: I agree to those conditions and will do whatever I need to do.
Ed Weeden: State your name for the record please.
Debra Burton: Debra Burton. Sorry.
Joseph Strange: Okay. Thank you Debra. Is there any opposition to this matter being placed on
the consent agenda? The Chairman has asked Al Henry to review this item.
Al Henley: Thank you. The applicant requests a Conditional Use Permit to allow a residential
kennel for up to 15 dogs. The dogs are pets belonging to the applicant and her children. The
property is zoned AG-l and AG-2 Agricultural Districts. The Zoning Ordinance requires a
Conditional Use Permit for a residential kennel in situations where more than four dogs over six
months of age are kept as pets or for hunting, exhibiting, dogs shows, or field and obedience
trials. The request for a Conditional Use Permit for a residential kennel is in keeping with the
planning objectives outlined in Chapter 6 of the City's Comprehensive Plan. "Rural arcas may
be characterized as a balance between the natural environment and human uses with farm, horse
boarding, campgrounds, wineries and open space activities". The applicant lives on a relatively
large parcel in the rural area of the city, and staff did not receive any comments with regards to
complaints from the Zoning Inspector for the area, the Police Department, or Animal Control.
Staff therefore recommends approval of the request. The Planning Commission has placed this
on the consent agenda. Thank you.
Joseph Strange: Thank you AI. Madame Chairman, I make a motion to approve agenda 3.
Janice Anderson: A motion by Joe Strange and a second by Kathy Katsias.
Item #3
Debra Burton
Page 2
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 3 for consent.
Janice Anderson: Thank you
" I'
- 21 -
Item IV-F.1.d.
PUBLIC HEARING
PLANNING
ITEM # 29171
Attorney Eric Moody, represented the applicant
Reverend Charles Vinson, Pastor of Piney Grove Baptist Church, advised
approximately 70 parking spaces will be provided on the site of the Church.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of PINEY GROVE BAPTIST CHURCH for
a Conditional Use Permit:
ORDINANCE UPOIi APPLICATION OF PINEY GROVE BAPTIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R04881134
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Pine Grove Baptist
Church for a Conditional Use Permit for a church on
certain property located on the east side of
Holland Road, 800 feet more or less south of
Winterberry acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The utilization of Best Management Practices for controlling
stormwater runoff which are reasonably applicable to the
development of the site.
2. 70 Parking spaces shall be provided on-site.
3. The applicant
Screening and
September 1987.
shall comply with the Draft
Buffering Specifications and
Landscaping
Standards,
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eleventh day of April, Nineteenth Hundred and Eighty-eight.
Voting: 11-0
Council Members Voting Aye:
Albert Ii. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss,* Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
Hampton Roads Youth
Mop ~a!, t!-~~oll" and Communitv Advisorv Council
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Modification of Conditions
# DATE DESCRIPTION ACTION
1 4-11-88 Conditional Use Permit (church) Granted
2 1-24-94 Zonina Chanae lAG-1 to Conditional R-7.5) Granted
3 1-14-03 Conditional Use Permit (home occupation) Granted
ZONING HISTORY
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 8
I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL I PINEY
GROVE BAPTIST CHURCH, Modification of Conditions, approved by City Council
on April 11, 1988,2804 Holland Road. PRINCESS ANNE DISTRICT.
MEETING DATE: October 13, 2009
. Background:
The existing church located on the property was permitted by a Conditional Use
Permit approved by the City Council on April 11, 1988. The applicant desires to
modify the Use Permit to include the addition of portable classrooms. The
portable classrooms will be used to support the Day Watch Program, which
currently operates from within the existing church building as a permitted use
within this zoning district. The Day Watch Program provides academic support
for African American male students who have been suspended from school anp
may be at risk for poor performance in the Virginia Beach City Public School
(VBCPS) system. Day Watch serves Holland Road Elementary School
suspended students, grades 1 through 5, and Corporate Landing Middle School
suspended students, grades 6 through 8. The portable classroom facility will be
occupied by no more than 15 individuals (including teachers and students) at any
one time during the weekday.
. Considerations:
The facility will be used Monday through Friday from 8:00 a.m. to 3:30 p.m.
during the school term. During the hours that the Day Watch program is in
operation, the church, Piney Grove Baptist Church, has no more than three staff
members within the church building.
Piney Grove Baptist Church members intend on using the portable classrooms
on Sundays from 9:00 a.m. to 10:00 a.m. for Sunday School classes. No more
than 20 members will occupy the portable facility at anyone time on Sundays.
The proposed 24' x 37' portable classroom facility is located 50 feet west of the
rear property line and 20 feet south of the interior side property line. The exterior
of the nine-foot tall portable classroom consists of white aluminum siding with
one 8' x 5' picture widow and one external security light attached to the outside of
the structure.
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Page 2 of 3
The location of the proposed portable structure is acceptable.. This proposed
location is within the buildable area of the site, is situated 50 feet from adjacent
residential properties, and an existing six-foot tall fence and mature trees screen
the proposed use from adjoining residential dwellings. The color of the proposed
portable unit is consistent with the color of the existing church, and the addition of
foundation landscaping will soften the appearance of the structure.
There was no opposition to this request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
recommend approval to the City Council, with the following conditions:
1. All conditions attached to the Conditional Use Permit granted by the City
Council on April 11, 1988 remain in effect.
2. The following conditions shall be added to the Conditional Use Permit
granted by City Council on April 11 , 1988:
a. The portable structure shall be located on the site in substantial
accordance with the marked-up site plan entitled "Physical Survey
of Parcel of Land at 2408 Holland Road; Subdivision of Property f9r
Emanuel Gould Estate and Piney Grove Baptist Church" prepared
by Dennis J. Gerwitz, PC and dated December 4,2007. A copy of
this site plan has been exhibited to the City Council and is on file in
the Planning Department.
b. The portable structure shall complement the exterior colors of the
existing church, al'1d shall be substantially in conformance with the
submitted photographs of the portable structure. Copies of the
photographs have been exhibited to the City Council and are on file
in the Planning Department.
c. The portable structure shall have skirting around the entire base of
each building to screen the under-carriage of the unit.
d. The perimeter of the portable building shall be screened with
evergreen shrubs a minimum of twenty-four- inches (24") in height
at time of planting.
e. The applicant shall obtain all necessary permits and inspections
from the Department of Planning, Permits and Inspections Division.
A Certificate of Occupancy shall be obtained before occupancy of
the structure.
f. The portable structure shall not be occupied from 4:30 p.m. to 7:30
a.m.
g. The portable structure is approved for a period of five years from
the date of this Conditional Use Permit approval.
,I I'
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Page 3 of 3
. 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 /
City Manager:r \( :06~
v~
4
September 9, 2009 Public Hearing
APPLICANT:
HAMPTON ROADS
YOUTH &
COMMUNITY
ADVISORY
COUNCIL
PROPERTY OWNER:
PINEY GROVE
BAPTIST CHURCH
STAFF PLANNER: Leslie Bonilla
REQUEST:
Modification of a Conditional Use Permit for a church - approved by the City Council on April 11 , 1988.
ADDRESS I DESCRIPTION: 2804 Holland Road
GPIN:
1494590830
ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
1.94 acres
AICUZ:
65 to 70 dB DNL
Subarea 2
SUMMARY OF REQUEST
The existing church located on the property was permitted
through a Conditional Use Permit approved by the City Council
on April 11 , 1988. The applicant desires to modify the Use Permit to include the addition of portable
classrooms. The portable classrooms will be used to support the Day Watch Program. The Day Watch
Program provides academic support for African American male students who have been suspended from
school and may be at risk for poor performance in the Virginia Beach City Public School (VBCPS) system.
Day Watch serves Holland Road Elementary School suspended students, grades 1 through 5, and
Corporate Landing Middle School suspended students, grades 6 through 8. The portable classroom
facility will be occupied by no more than 15 individuals (including teachers and students) at anyone time
during the weekday. The facility will be used Monday through Friday from 8:00 a.m. to 3:30 p.m. during
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 1
,I I;
the school term. During the hours that the Day Watch program is in operation, the church, Piney Grove
Baptist Church, has no more than three staff members within the church building.
Piney Grove Baptist Church members intend on using the portable classrooms on Sundays from 9:00
a.m. to 10:00 a.m. for Sunday School classes. No more than 20 members will occupy the portable facility
at anyone time on Sundays.
The proposed 24' x 37' portable classroom facility is located 50 feet west of the rear property line and 20
feet south of the interior side property line. The exterior of the nine-foot tall portable classroom consists of
white aluminum siding with one 8' x 5' picture widow and one external security light attached to the
outside of the structure.
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Free-standing church building with associated parking
SURROUNDING lAND North: .
USE AND ZONING: South: .
.
East: .
West: .
.
.
Single-family dwelling I AG-2 Agricultural District
Chestwood Drive
Across Chestwood Drive are single-family dwellings I R-10
(OP) Residential District
Single-family dwellings I R-10 (OP) Residential District
Holland Road
Across Holland Road is vacant land I AG-2 Agricultural District
Across Holland Road are single-family homes I R-7.5
Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources associated with this
site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Holland Road
in front of this site is a two-lane minor arterial suburban roadway. Holland Road has a variable width right-of-
way, and the Master Transportation Plan shows a divided roadway with a bikeway and an ultimate right-of-way
width of 125 feet. Capital Improvement Program (CIP) Project 2.158: Holland Road - Phase IV (VDOT)
(Partial) is currently scheduled for this segment of Holland Road. This project will widen the existing two-lane
roadway to a four-lane divided highway from Dam Neck Road to the proposed Nimmo Parkway Phase V
intersection, a distance of approximately 2.6 miles. The construction start for CIP Project 2.158: Holland
Road - Phase VI (VDOT) (Partial) remains beyond VDOT's current Six-Year Plan.
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 2
TRAFFIC: Street Name Present
Volume Present Capacity Generated Traffic
Holland Road 16,796 ADT 1 15,000 ADT Existing Land Use-z - 85
780 Peak Hour ADT, 13 Peak Hour
(weekdays);
342 ADT, 110 Peak Hours
(Sundays)
Church 2_ 56 ADT, 28
Peak Hour (weekdays); 342
ADT, 110 Peak Hour
(weekdays)
Day Watch 3 - 56 ADT, 28
Peak Hour (weekdays);
o ADT, 0 Peak Hour
(Sundavs)
Average Daily Trips
2 as defined by 9,350 square foot church
3 as defined by 833 square foot portable classroom
TRAFFIC ENGINEERING: This segment of Holland Road is currently over capacity; however, the proposed
use of a portion of this site for the Day Watch Program will have no significant impact on traffic.
WATER AND SEWER: This site is currently connected to City water and sewer.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods
located in the area. In a general sense, the established type, size and relationship of land use, residential
and non-residential, located in and around these neighborhoods should serve as a guide when
considering future development.
Evaluation:
Staff finds that the location of the proposed portable structure to be acceptable. This proposed location is
within the buildable area of the site, is situated 50 feet from adjacent residential properties, and an
existing six-foot tall fence as well as mature trees screen the proposed use from adjoining residential
dwellings. The color of the proposed portable unit is consistent with the color of the existing church, and
the addition of foundation landscaping will soften the appearance of the structure. Overall, Staff finds that
the proposal is in conformance with the Comprehensive Plan's recommendations and compatible with the
adjacent residential neighborhood. Staff therefore recommends approval with the conditions listed below.
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 3
I II
I I;
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on April 11. 1988
remain in effect.
2. The following conditions shall be added to the Conditional Use Permit granted by City Council on April
11,1988:
a. The portable structure shall be located on the site in substantial accordance with the marked-
up site plan entitled .Physical Survey of Parcel of Land at 2408 Holland Road; Subdivision of
Property for Emanuel Gould Estate and Piney Grove Baptist Church" prepared by Dennis J.
Gerwitz. PC and dated December 4,2007. A copy of this site plan has been exhibited to the
City Council and is on file in the Planning Department.
b. The portable structure' shall complement the exterior colors of the existing church, and shall be
substantially in conformance with the submitted photographs of the portable structure. Copies
of the photographs have been exhibited to the City Council and are on file in the Planning
Department.
c. The portable structure shall have skirting around the entire base of each building to screen the
under-carriage of the unit.
d. The perimeter of the portable building shall be screened with evergreen shrubs a minimum of
twenty-four- inches (24") in height at time of planting.
e. The applicant shall obtain all necessary permits and inspections from the Department of
Planning, Permits and.lnspections Division. A Certificate of Occupancy shall be obtained
before occupancy of the structure.
f. The portable structure shall not be occupied from 4:30 p.m. to 7:30 a.m.
g, The portable structure is approved for a period of five years from the date of this Conditional
Use Permit approval.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code,' including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
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.
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 4
AERIAL OF SITE LOCATION
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 5
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HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 6
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HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 7
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Mop 110? t!-~~ole and Community Advisory Council
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Modification of Conditions
# DATE DESCRIPTION ACTION
1 4-11-88 Conditional Use Permit (church) Granted
2 1-24-94 Zonina Change (AG-1 to Conditional R-7.5) Granted
3 1-14-03 Conditional Use Permit (home occupation) Granted
ZONING HISTORY
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 8
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DISCLOSURE STATEMENT I
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
HRYCAC: (President) Brenda Geter, (V-Pres) George Harden, (Sec.) Ebony Toomer, (Treasurer)
Emmett Williams, (Assist. Treasurer) Pieri Burton, (Finandal Seaetary) Selena Lasala
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity'!
relationship with the applicant: (Attach list if necessary)
N/A
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)
Piney Grove Baptist Church: (Chairman Trustee) Audrey R. Cornick,
(VICe Chairman) Ronald Frink, (Trus) Janice Kimbrough, (Trus) LHlian Uruhart, (Trus) Bruce Thorpe
2. List all businesses that have a parent-subsidiary1 or affiliated business entity'!
relationship with the applicant: (Attach list if necessary)
N/A
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes xxx No
If yes, what is the name of the official or employee and the nature of their interest?
(City of Virginia Beach Employee) Ronald Frink, (City of Virginia Baach Employee) Ronald Taylor
Modificallon of Condltions Application
Page 100111
Revised 713107
DISCLOSURE STATEMENT
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 9
I' DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will prolilde serVices with respect
to tl1~ i'equested property use mcludlng but not limited to the prowJers of architectural
services real estate serVices fmanClal services accounting serVices arei legal
ser'Jlces (Attach list If necessary)
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"Parent-subsidiary relationship means a relalionshlp that e XlslS when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the voling
power of another corporation" See State and Local Government Confhct of Interests Act. Va
Code S 2 2-3101
: "Affiliated bUSiness entity relationship' means "a relationship. other than parent-
subsidiary relationship, that exists when (I) one business entity has a controlling ownership
interest In the other business entity, (ii) a controlling owner In one entity IS also a controlling
owner In the other entity. or (iii) there is shared management or control between the bUSiness
entities Factors that should be con sidered 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 entllies: 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 otherw Ise a close working relations hip
between the entitles." See State and Local Government Conflict of Interests Act. Va Code S
2.2-3101 .
CERTlFICA TION: I certify that the Information contained herein IS true and accurate
I understand that, upon receipt of notification (postcard) that the applicalion has been scheduled for
pubhc hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled pubhc hearing according to the instructions In this package The
underSigned also consents to entry on the subject property by employees of the Department of
Planning to photograph and view h site fo purposes of processmg and evaluating this application
&~t(:r 1; deDP-J
n Pnnt Name '
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licant) Print Name
Mod,fic~hon of Cond,nons Applicahon
Page 11 of 11
Revised 713/2007
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HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 10
Addition Property Owner's Signature:
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DISCLOSURE STATEMENT
HAMPTON ROADS YOUTH & COMMUNITY ADVISORY COUNCIL
Agenda Item 4
Page 11
I
Item #4
Hampton Roads Youth & Community Advisory Council
Modification of Conditions
2804 Holland Road
District 7
Princess Anne
September 9, 2009
CONSENT
Joseph Strange: The next matter is agenda item 4. An application of Hampton Roads Youth &
Community Advisory Council for a Modification of Conditions approved by City Council on
April 11, 1988 on property located at 2804 Holland Road, District 7, Princess Anne with two
conditions.
Janice Anderson: Welcome.
Ronald Taylor: Good afternoon. My name is Ronald Taylor. I represent the Hampton Roads
Community Youth and Advisory Council. We concur with the conditions of the permit.
Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the
consent agenda?
Betty Whitehurst: Hi. I'm Betty Whitehurst. I'm a concerned citizen that lives behind the church.
I am for the program but I understand that the permit is approved for 5 years, and I would like to
see the permit approved for one year to see how the program goes, and then they could come
back and reorganize and ask for the additional four years.
Janice Anderson: Mr. Macali? We're just going to pull it since there is some opposition. Okay,
ma'am, we're going to pull this application and place it on our regular agenda items to be heard.
Okay? Thank you.
REGULAR
Janice Anderson: We are going to start to call the matters on the agenda that are left. I will ask
our Secretary to call the first item.
Donald Horsley: The first item to be heard today is item 4, Hampton Roads Youth and
Community Advisory Council I Piney Grove Baptist Church. An application for a Modification
of Conditions approved by City Council on April 11, 1988 on property located at 2804 Holland
Road, District 7, Princess Anne.
Janice Anderson: Mr. Taylor? The neighbor came up.
Ed Weeden: State your name for the record one more time please?
Item #4
Hampton Roads Youth & Community Advisory Council
Page 2
Ronald Taylor: My name is Ronald Taylor.
Ed Weeden: Thank you.
Janice Anderson: If you could review your application just briefly but also can you address the
neighbor's concern which she is requested a one year use permit to be reviewed after that time.
Ronald Taylor: One year review. I don't understand her?
Janice Anderson: Right now the condition says your use permit is for a five year period.
Ronald Taylor: Right.
Janice Anderson: My understanding is that she wants it to be a use permit for one year to make
sure there is no problem. After the one year, you would have to come back and do this process
again to have it extended.
Ronald Taylor: I think she referred to the program. The program has been going on. It started
last year. The only thing is that we wanted the portable classroom for is because our church is
expanding and we need this space. And, so they have allowed us to locate the portable
classroom on the property.
Janice Anderson: Okay.
Ronald Taylor: This program has been effect since last year. This is a ministry, an outreach
ministry. That is like saying we don't want outreach ministry here.
Janice Anderson: So, you've had this program inside the church walls?
Ronald Taylor: Yes.
Janice Anderson: Okay.
Ronald Taylor: Yes ma'am.
Janice Anderson: Can you just want to review it a little bit for everybody here? Tell us a little
bit about the program.
Ronald Taylor:, What happens is that the school board has goal 5, which addresses the African-
American males academic achievements within the City of Virginia Beach. They are failing at
an alarming rate compared to any other race in Virginia Beach. So, the school board said where
is the village? Then the man of faith, who are made up of several African-American churches
stepped up and said we are the village. We will do whatever we need to do to support the
initiative to help you achieve goal 5. So, we looked at the statistical data that was given to us by
the school board. What we did was we targeted the schools that had a high suspension rate.
'I II
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Item #4
Hampton Roads Youth & Community Advisory Council
Page 3
Because when an African-American male gets suspended, he gets zeros instead of passing
grades. So, that means that achievement goal is further expanded. So, what we have done, we
have assisted the school board and said okay, if we take these kids in. One of the up things is
crime prevention. Instead of them sitting at home or becoming a member of a gang out there
robbing somebody, they end up with us. We got total control of them. What we do is facilitate
their work. What happens is that the school when they built work, if they said they have to reach
out there in social studies 3, 4 and answer the question. We facilitate that with retired teachers,
law enforcement, credited teachers that are retired and other professions. We take the work and
turn it back to school. The school has agreed to give them credit. In that block is also a mentor
piece where we mentor them, and get them to process on their behavior. How did you get to this
point that you are suspended out of school? It has to get them to better manage their behavior in
the classroom so they can remain in class, and become a productive student. So, they can
achieve their academic process because if they fail, we fail, either directly or indirectly because it
is going to affect us one way or the other. So, that is what we are doing. We're trying to help the
school board achieve their goal. Try to become a village. This takes a village to raise a child.
And we are stepping up to the plate to do this. And we had the program going all last year inside
the walls of the church. No problem. No nothing. And we go about our merry way until we said,
well the church is expanding. If anyone knows anything about Piney Grove Baptist Church,
Todd C. Davidson, who sits on the school board, it is growing in leaps and bounds. So, we got a
lot of things going on sometimes during the day or at a certain period so we need the space. So,
the school board says we got some portable trailers that are online. You can go bid and we did it.
We had to go through this process to get the portable classroom put on there. And that is how
the program works. The kids are mentored. It is almost like it a one-on-one, dealing with them.
The Beacon has done a great review on us, and has spoken .highly of the program. The school
board news and channel 13 has spoke up. Mayor Sessoms has approved it. He has donated to the
Men of Faith on this initiative. And every politician has stepped up to the plate on this to help to
close this academic gap because the African-American males are part of the City of Virginia
Beach. And we have to address this initiative. And that is what we as Men of Faith, stepping up
to the plate, and trying to help our African-American males within the City of Virginia Beach,
and help them process transition of adolescent to adult hood. That is all that we're trying to do.
That is all we're trying to do here. I'm a former law enforcement officer. I'm out there on site
every day. I'm the Vice President of Men of Faith. I work at the Virginia Beach Juvenile
Detention. I deal with these people all the time. I recognize behavior. I have a Bachelor's in
Criminal Justice. I'm a Ph. D candidate for Criminal Justice on Rehabilitation. I'm trying to be
a role model for these young kids in our community. That is all we're trying to do.
Janice Anderson: Thank you for explaining it to us. There might be some questions from the
members. Does anyone have a question for Mr. Taylor?
Eugene Crabtree: I got one.
Janice Anderson: Go ahead.
Eugene Crabtree: If I understand it, this program is going to continue whether you get that
portable or not? Am I correct?
Item #4
Hampton Roads Youth & Community Advisory Council
Page 4
Ronald Taylor: I believe so. We are going to continue the program because we can't afford to
let them fail. The church has been there for 138 years. And they have been the educational hub
for the Princess Anne County, if you know anything about the history of Piney Grove.
Janice Anderson: Mr. Ripley?
Ronald Ripley: I have a question. Have you been able to measure your success rate?
Ronald Taylor: Yes.
Ronald Ripley: You have?
Ronald Taylor: The success rate is outstanding. Kids are going back as little ambassadors for us.
The teachers and the principals are saying that their behavior has changed. Mothers have to fly
back from Iraq, single parents to deal with their kids being suspended. And we keep in contact
with the Iraqi soldier by emailletting them know that their child is in this program. We are
mentoring. We let them email her, and let them know how good he is doing.
Ronald Ripley: One other question. I'm impressed with your mission. I think it is wonderful.
My question is, and it kind of goes with the heart of the question from the neighborhood. Is
there any loitering or anything like that that occurs before or after school? Is that an issue in
your mind?
Ronald Taylor: No sir. It never is and it never will become. Because the parent has to escort the
student into the facility, sign them in. They have to sign them in because they have to be the
legal guardian or designated to sign them in. If that child has to go to the restroom, that child is
escorted to the restroom. Did you wash your hand? Yes sir Mr. Taylor. Go back to your seat
and continue your class work. And when it is time for lunch, I go to the kitchen and get their
little lunch or the school delivers to them because some of them are on the lunch programs, and
we serve it to them. When it is time for their mentors, some of the deacons or other members of
the community or other professionals come out and mentors, walks them around the property,
talks to them about their behavior. They are never left unsupervised. At the same time, they
pick the paper around the property. They straighten up the chairs, dump the trash. They give
them a sense of work, to give back to the community. But when they leave there, they are better
off than when they came. Because when they return to the classroom, not only do we follow up
with them. We just don't stop right there at Piney Grove. We follow up when they go back
down to Corporate Landing. We check up on them to see how their progress is doing. It's right
there in black and white.
Janice Anderson: Go ahead Don.
Ronald Ripley: Thank you.
Donald Horsley: Mr. Taylor, typically what is the length of stay of a young man when he comes
to your program?
'I
Item #4
Hampton Roads Youth & Community Advisory Council
Page 5
Ronald Taylor: Well, we have limited to probably about 10 days. But what the school system
has done, and this is another little thing they have done to get the parents. This is a volunteer
program. It is a faith based program. And they have to volunteer to come into this program. If
your child gets suspended for 10 days the principal says if you volunteer to go into this program
for five days, we will cut the suspension to five. We do every effort we can to help these kids to
get back to being productive students, and the school board as well. Yes sir.
Joseph Strange: So, when the day is over, does someone pick them up?
Ronald Taylor: When the day is over?
Joseph Strange: Yes.
Ronald Taylor: When the day is over we stay with them until the parent picks them up. If they
parent is late, we reserve the right to terminate. They are indoctrinated. The child and the parent
are orientated. If you don't pick your child up on time, we reserve the right to terminate the
child. That means you are going to have to take off from work, and see about your child. But
we have this program here where you can still go to work, provide for the bread winner in your
home, and your child is in a safe environment. And being a productive student, and keeping up
with his schoolwork. They go back more advanced than people in the classroom.
Joseph Strange: Thank you for your contribution.
Ronald Taylor: Yes ma'am.
Janice Anderson: Did-you receive any complaint last year from the neighbors or anything?
Ronald Taylor: No.
Janice Anqerson: There were no complaints.
Ronald Taylor: They probably knew it was going on. I know it was on the news and in the
newspaper. If they read the newspaper and seen it on the news, they've seen it. We've never
heard anything from no one. We have nothing but great reviews. What a great job. Parents
saying hey, keep up the good work. We just thank God for you.
Janice Anderson: Okay. Are there any other questions for Mr. Taylor? Thank you sir. We'll
bring your right back up.
Donald Horsley: Ms. Whitehurst?
Betty Whitehurst: It wasn't explained to the neighborhood that way. They said it was a pilot
program, and they were going to start this program, and they needed the space, but it wasn't
explained that they have been there for years or a year. So, everything that we went to the
meeting with them about is different from what I'm hearing today.
Item #4
Hampton Roads Youth & Community Advisory Council
Page 6
Janice Anderson: I think Mr. Taylor knows a little bit since he is the one running it. You at least
got the information today. Are you fine with the application and with the conditions that they
are?
Betty Whitehurst: Ifit is handled in the right way. Yes ma'am.
Janice Anderson: They're handling it. Thank you very much. Are there any questions?
Ronald Ripley: I make a motion to approve.
David Redmond: Second.
Janice Anderson: Okay. We have a motion to approve the applications with the conditions
stated by Ron Ripley and a second by Dave Redmond.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of Hampton Road Youth
and Community Advisory Council.
Janice Anderson: Thank you all for coming down on this matter.
I II
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\1'(:11'\ :tt 'f
HOLLAND PI,j
5 SUBDIVISION
September 2, 2009
TO: The Planning Commission of Virginia Beach, Virginia
RE: Proposal of the purchase and placement of a modular unit on the property of
Piney Grove Baptist Church located at 2408 Holland Road, Virginia Beach, Va.
There are five residential properties that are located directly behind the church and all
five residents are located on Bald Eagle Road - 2801,2805,2809 and 2813. On
Tuesday, September I, 2009, all five residents met with the director of Men of Faith
Daywatch Program as well as leadership representatives Mr. Lashley and
Reverend Evans of Piney Grove Baptist Church. They explained the purpose, vision and
daily schedule of this pilot program.
We have no objection to this modular unit being placed on the church property, and
commend them in their vision and commitment to help change the destiny of the lives of
the youth in this pilot program.
ft/L
arbara McCuen
2801 Bald Eagle Road
Virginia Beach, Virginia
, II
I I'
K.
APPOINTMENTS:
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION AREA BOARD
HEALTH SERVICES ADVISORY BOARD
I I;
L. UNFINISHED BUSINESS
I I[
M. NEW BUSINESS
N. ADJOURNMENT
: I II
,I .,1 I'
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 9/22/2009 L
PAGE: I D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
VA CITY COUNCIL BRIEFING:
LITTLE CREEK/FORT STORY Captain William
JOINT BASING INITIATIVE W. Crow,
Commanding
Officer, Little
Creek
B DEVEWPMENT AUTHORITY Don J ellig,
ANNUAL REPORT Chairman
IlIA CITY MANAGER'S BRIEFINGS:
FY 2009 UNAUDITED FINANCIAL Patti Phillips,
RESULTS Director -
Finance
B FIELD HOUSE EMERGENCY SHELTER David L. Hansen,
Deputy City
Manager
II1/IV N NI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
-E SESSION
F MINUTES - September 8, 2009 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G--ADD FORMAL SESSION AGENDA
Community Legislation Package: ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
REQUEST that State legislation provide ADOPTED
localities a choice between providing
new employees with a "Defmed Benefit
Retirement Plan" or a "Defmed
Contribution Retirement Plan".
H PRESENTATION:
MEDAC Rear Admiral Phil 11-0 Y Y Y Y Y Y Y Y Y Y y
Olsen, USN Ret
I-I PUBLIC HEARING
LEASE OF CITY-OWNED PROPERTY - No speakers
Sandbridge Water Tank
J/K-I Ordinance to AWARD Lease to New ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Cingular Wireless a portion of City's
Sandbridge Water Tank, 408 Sandbridge
Road, re communications tower
2.a Ordinance to AUTHORIZE Lease with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Friends of Ferry Plantation House, Inc. CONSENT
at 4136 Cheswick Lane
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 9/22/2009 L
PAGE: 2 D S L
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AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R y S S N A N D
b. Ordinance to AUTHORIZE Police ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Mutual Aid Agreement CONSENT
c. Ordinance GRANTING Franchise ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Agreement with Ice Masters, Inc. re ice CONSENT
skating rink at the 31" Street Park
3 Ordinance to AUTHORIZE encroachment DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
into portion of City-owned r-o-w for 10/13/2009, BY
SAMUEL W. ZIMMER at 53-Yz Street CONSENT
and 5303 Ocean Front Avenue.
DISTRICT 5 - L YNNHA VEN
4 Ordinance to ESTABLISH Virginia ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Beach Field House Emergency Shelter at CONSENT
Princess Anne Commons Athletic Village
re Category Two HurricaneffRANSFER
$425,000 from Constitution Drive Ext to
Field House Emerl!ency Shelter
5 Resolution to COMMEMORATE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Robert F. "Bob" Hedrick CONSENT
6 Resolution to REFER to the Planning ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Commission Ord to AMEND ~211 of CONSENT
CZO re political campaitm silllls
7 Resolution re 2010 Community ADOPTED, AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
Legislative Agenda/REQUESTING REVISED, BY
support of General Assembly Delegation. CONSENT #2
N
8 Resolution to REQUEST Secretary of the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Navy to name a Littoral Combat Ship USS CONSENT
Virginia BeachlREQUEST support of
CORl!ressional Delel!ation
9 Resolution to AUTHORIZE agreements ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
for $1,000,000 through VDOT Revenue CONSENT
Sharing Program to Nimmo Parkway -
Phase V-A.
10 Resolution to AUTHORIZE Agreement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
with HRSD re Witchduck-Kempsville CONSENT
Road force main.
'I II
I I'
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 9/22/2009 L
PAGE: 3 D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
IA Variance to ~4.4(b) of the Subdivision Ord DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
that all lots meet CZO for COASTAL 10/27/2009, BY
LIVING BUILDERS, L.L.C. at 800 CONSENT
Greensboro Avenue,
DISTRICT 6 - BEACH DISTRICT
2 LOLA L. MORRIS Modification of APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y
Conditions (approved June 8, 1987) re PROFFERED
low-intensity businesses at 3725 West BY CONSENT
Stratford Road.
DISTRICT 4 - SA YSIDE DISTRICT
3 NEW CINGULAR WIRELESS pes, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
LLC ~ re communication tower at CONDITIONED,
6009 Blackwater Road. BY CONSENT
DISTRICT 7 - PRINCESS ANNE
4 V A BEACH SCHOOL BOARD CUP re APROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
wind energy conversion system CONDITIONED,
(freestanding) at 1677 Harpers Road. BY CONSENT
DISTRICT 6 - BEACH DISTRICT
5 ROBERT ARNOLD CUP re alternative APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
residential development at Blackwater CONDITIONED,
Road/Shirley Landing Drive. BY CONSENT,
DISTRICT 7 - PRINCESS ANNE AS REVISED
6 WILLIAM E.JMONA D. GRAINGER APROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
~ re bulk storage yard at 2432 CONDITIONED,
Bowland Parkway. BY CONSENT
DISTRICT 6 - BEACH DISTRICT
M APPOINTMENTS:
Agricultw'a1 Advisory Commission 4 year tenn 11-0 Y Y Y Y Y Y Y Y Y Y Y
10/1109 -9/30/13
Reappointed:
Bart Frye
Appointed:
Arnold Dawley
John CromweU
Board of Zoning Appeals 5 year tenn
01/01/2010-
12/31/2014
Appointed:
Garv Nelson
RESCHEDULED
Chesapeake Bay Preservation Area Board
Health Services Advisory Board Unexpired tenn
thru 03/31/2012
Appointed:
Pail!e Crunk
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: 9/22/2009 L
PAGE: 4 D S L
E D H E A W
AGENDA D S I E J S U N I
ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W
V E Z Y L N 0 R E S 0
I P E E E E M I V 0 0
S H L R Y S S N A N D
Historical Review Board 2 year tenn
II/O 1/2009-
10/31/2011
Appointed:
Reba McClanan
N/O/P ADJOURNMENT 6:29 PM
COMMUNITY SUMMIT
MONDAY, OCTOBER 5,2009
6:00 - 8:30 PM
CONVENTION CENTER - ROOMS 5-A,B,C
CITY COUNCIL REVIEW OF COMMUNITY SUMMIT
TUESDAY, OCTOBER 6, 2009
8:30 AM
CONVENTION CENTER - ROOMS 4-D,E
Thursday, November 12th
ANNUAL JOINT MEETING
General Assembly, City Council and School Board