AUGUST 12, 2003 AGENDACITY OF VIRG1NIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, BaysMe - District 4
HARRY E DIEZEL Kempsvdle - District 2
MARGARET L EURE, Centervtlle - Dtatrtct 1
REBA S McCLANAN, Rose Hall- Dmtrtct 3
RICHARD A MADDOX, Beach - District 6
JIM RI:EVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A V1LLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K SPORE
CITY A 7TORNEY - LESLIE L LILLEY
CtTY CLERK - RUTH HODGES SMITH, MMC
CITY COUNCIL AGENDA
12 August 2003
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234.56-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E- MAIL Ctycncl@vbgov corn
I. CITY MANAGER'S BRIEFINGS
1:00 P.M.
mo
Bo
Co
CONVENTION CENTER STATUS
Dean Block, Director, Department of Public Works
TAX CREDIT PROGRAM
Steven Thompson, Chief Financial Officer
COMPREHENSIVE PLAN
Robert J. Scott, Director, Department of Planning
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
3:30 P.M.
mo
Bo
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
6:00 P.M.
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Kevin Milcarek, Pastor
Back Bay Christian Assembly of God
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE [TNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
August 5, 2003
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION
REVENUE SHARING IN LIEU OF TAXES- Back Bay Wildlife Refuge
Mackay Island
Edward Schrock, United States Congress
Jared Brandwein, Refuge Manager, Back Bay National Wildlife Refuge
I. MAYOR'S PRESENTATION
1. RESOLUTIONS In Recognition: Eleventh Special Olympics World Summer Games
.
ACHIEVEMENT for EXCELLENCE in FINANCIAL REPORTING
Government Finance Officers Association
Patricia A. Phillips, Director- Finance
J. CONSENT AGENDA
K. PUBLIC HEARING
1. FARMER'S MARKET LEASES
ao
g.
h.
i.
Bergey's Dairy Farm, Inc.
Chapman's Flowers and Gifts
Country Butcher, Inc.
Creekmore's Place
Hare Farms
Holland Produce
Reflections of the Heart
Secret Garden
Virginia Garden
L. ORDINANCES/RESOLUTIONS
o
Ordinances to AUTHORIZE the City Manager to enter into LEASES at the Farmer's
Market:
ao
g.
h.
i.
Leonard Bergey t/a Bergey's Dairy Farm, Inc. for space #14
Judy Chapman t/a Chapman's Flowers and Gifts for spaces #3 and 4
Beverly Hardison t/a Country Butcher, Inc. for space # 12
Elsie Creekmore t/a Creekmore's Place for spaces #7 and 8
David Hare t/a Hare Farms for space #13
Mark Holland t/a Holland Produce for spaces #5 and 6
Laurie Moser t/a Reflections of the Heart for space # 10
Laurie Moser t/a Secret Garden for space # 11
Michele Shean t/a Virginia Garden for spaces #23, 24 and 27
2. Ordinance to ABOLISH the Youth Services Coordinating Committee.
.
Ordinances to AUTHORIZE acquisition of property in fee simple for rights-of-way and
easements by agreement or condemnation:
a,
Water, sanitary sewer, and drainage re repairs to the Stumpy Lake raw water
transmission main
bo
New sanitary sewer pump station site to replace the existing Pembroke Manor
South Pump Station//354 in the Central Business District
e
Ordinance to AUTHORIZE the City Manager to acquire from the GALIOTOS FAMILY,
for public purposes, property within Block 6, TOWN CENTER; and, APPROPRIATE with a
TRANSFER of $2,250,000 for the Town Center infrastructure.
.
Ordinance to AUTHORIZE the City Manager to execute an Agreement with Southeastern
Public Service Authority (SPSA) for the operation of a "White Goods" recycling facility
and a Lease Option for a "Yard Waste" facility at Landfill II.
.
Ordinance to AUTHORIZE the City Manager to execute of a Working Agreement re
Hampton Roads Comprehensive Regional Information Management and Exchange
System (CRIMES) with Chesapeake, Hampton, James City County, Newport News,
Norfolk, Poquoson, Portsmouth, Smithfield, Suffolk, York County and Williamsburg
.
Ordinance to AUTHORIZE a temporary encroachment into portions of the City' s right-of-
way by DAVID H. and JEAN H. KLEIN for maintenance of an existing bulkhead and
replacement of deteriorated bulkhead with rip-rap and sand in Kempes Lake at 204
Oakengate Turn.
(DISTRICT 2- KEMPSVILLE)
o
Ordinance to establish a Capital Improvement Project (CIP) re Back Bay Waterway Access
improvements; ACCEPT and APPROPRIATE a $150,000 federal grant; and
AUTHORIZE the City Manager to execute a Cooperative Agreement for an access facility.
9. Ordinances authorizing compensation increases effective on anniversary dates for City
Council appointees'
a. City Manager
b. City Attorney
c. City Assessor
d. City Clerk
10
Ordinance to ACCEPT and APPROPRIATE a $95,806 Federal grant and $245,342 from
other sources in the Department of Community Services for Mental Health, Mental
Retardation, and Substance Abuse (MH/MR/SA) special revenue to fund enhanced
services to their clients.
11
Resolution re issuance of Multi-Family Housing Bonds in an amount not to exceed
$5,500,000 and Refunding Bonds, Series 2003, in the amount of $7,500,000 for CP Atlantic,
L.P. (Atlantis Apartments Project) 999 Atlantis Drive.
12.
Resolution assigning administrative responsibility for Freedom of Information Act (FOIA)
requests to the City Attorney's Office.
M. PLANNING
Ordinance to AMEND Sections 111. 225.1, 601,901 and 1521 of the City Zoning Ordinance
(CZO) to allow Bed and Breakfast Inns as a Conditional Use in certain Apartment,
Business and Resort Tourist Districts; and, FURTHER AMEND the specific conditions for
Bed and Breakfast Inns.
Recommendation:
APPROVAL
.
Application of GREGORY NELSON for a Conditional Use Permtt re a bed and breakfast
at 2420 Arctic Avenue. (DISTRICT 6- BEACH)
Recommendation:
APPROVAL
o
Application of OCEAN BEACH CLUB, LLC for a Change afZoning from RT-1 Resort
Tourist District to Conditional R-T-2 Resort Tourist District for multi-use retail,
convention and meeting facilities at Atlantic Avenue and 34th Street.
(DISTRICT 6- BEACH)
Recommendation:
APPROVAL
4. Applications of RIGANTO, L.L.C.:
a.
Change of Zoning District Classification at Sandbridge Road and Princess
Anne Road
(1)
Parcel 1: from AG-1 and AG-2 Agricultural District to
Conditional R-20 Residential District, containing 185.2 acres
(2)
Parcel 2: from AG-1 and AG-2 Agricultural District to
Conditional P-1 Preservation District, containing 90.8 acres
b. Conditional Use Permit
(1) for Open Space, containing 185.2 acres
(2)
for recreational and amusement facilities of an outdoor
nature (horse stables and riding rings)
DEFFERRED:
Recommendation:
June 25, 2002
APPROVAL
,
Application of SAIR ENTERPRISES, INC. for a MODIFICATION of a Conditional Use
Permit re an automobile service station (approved February 13, 2001) to remove a
requirement for a canopy, remove the automobile storage use, expand approved automottve
repair and add a car wash at 3096 South Lynnhaven Road. (DISTRICT 3 - ROSE HALL)
Approved by Council:
Recommendation:
February 13,2001
APPROVAL
.
Application of FORT WORTH DEVELOPMENT, INC. for a Condittonal Use Permtt re
multi-family Condominium in the B-4 Shore Drive Corridor Overlay District at Dinwiddie
Road and DuPont Circle. (DISTRICT 4- BAYSIDE)
Planning Commission Recommendation:
Staff Recommendation:
APPROVAL
DENIAL
Application of VICTORY CHAPEL for a Conditional Use Permit re a church at 6644
Indian River Road. (DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
.
Application of GATEWAY CHRISTIAN SCHOOL for a Conditional Use Permit re a
private school addition at 5473 Virginia Beach Boulevard. (DISTRICT 2 - KEMPSVILLE)
Recommendation:
APPROVAL
.
Application of CUSTOM STONE COMPANY for a Conditional Use Permit re a bulk
storage yard at 2621 Quality Court. (DISTRICT 6- BEACH)
Recommendation:
APPROVAL
10.
Resolution to REFER to the Planning Commission proposed amendments to Sections 111,
233.1, 1501, 1511 and 1521 of the City Zoning Ordinance (CZO) re Conditional Use Permits
for sale of alcohol in the RT-1, RT-2 and RT-3 Resort Tourist Districts.
N APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
DEVELOPMENT AUTHORITY
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE- COG
SHORE DRIVE ADVISORY COMMITTEE
TIDEWATER REGIONAL GROUP HOME COMMISSION
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call' TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
WHEREAS, Spectal Olymptcs ts an mternattonal program of sports training and
competttton whtch gtves chddren and adults who are mentally challenged an opportumty to develop their
phy~ lCal skdls, dtsplay thetr abtltttes and, most tmportantly, fulfill their human potenttal, and,
WHEREAS, The Virginia Beach Special Olympics provides nurturing with an
opportumty to participate tn tramtng and competition as well as social events, and,
WHEREAS, This year, the 11th Special Olympics Worm Summer Games were hem tn
Dublin, Ireland from June 21-29 and were the largest international multi-sport event tn the world m
2003, as well as the largest sporting and cultural event ever staged tn Ireland, and.
WHEREAS, The Clly of Virginia Beach has special ties to Ireland through tis Sister
City, Bangor, Northern Ireland, and,
WHEREAS, Team Vtrgtma's sixteen athletes, who joined over 7,000 others front 160
countries worldwide, mcluded three participants from Virginia Beach who excelled tn their events
recognizes
NOW, THEREFORE, The City Councd of the C#y of Vtrgmta Beach. Vlrgima hereby
KRISTEN DOWDY
for her excellence tn the POWERLIFTING events by capturing SILVER in the Squat and the
Combmatton and BRONZE tn the Deadl~ and Bench Press
AND, FUTHER, BE IT RESOLVED: that the City Councd calls upon the citizens of
Vtrglnta Beach to recognize the courage, spirit and love of adventure that Kristen has exhibited as she
represented the United States of America and the C~ty of Virginia Beach which ts duly proud of her
IJar-ry E Dt~el,"'Couc~t-Me~ber
M~t ~u~d Member
Reeve, Council Member
Peter W Schmtdt, Councd Member
Ron A Vtllanueva, Councd Member
Rosem~I Councd Member
Reba S McClanan, Councd Member James L o~, ~ouncd Member
Mej~ra E Oberndorf, Mayor
WHEREAS, Special Olympics ts an international program of sports traimng and
competition which gives children and adults who are mentally challenged an opportunity to develop their
physical sk#ls, dtsplto; their abilities and, most importantly, fulfill their human potential, and,
WHEREAS, The Vtrgtma Beach Special Olympics provides nurturing with an
opportunity to participate in trammg and competition as well as social events, and,
WHEREAS, This year, the l lth Special Olympics Worm Summer Games were hem tn
Dubhn, Ireland from dune 21-29 and were the largest international multi-sport event tn the world tn
2003, as well as the largest sporting and cultural event ever staged tn Ireland, and,
WHEREAS, The City of Virginia Beach has special ties to Ireland through its Sister
City, Bangor, Northern Ireland, and,
WHEREAS, Team Vtrglma's sixteen athletes, who joined over 7,000 others from 160
countries worldwide, included three participants from Vtrglma Beach who excelled tn their events
recognizes
NOI4/, THEREFORE, The City Council of the City of Virginia Beach, Virginia hereby
JA3,1ES THA CKER
for his excellence in the A QUA TICS events by capturing GOLD tn the Fifty Meter Backstroke, the F~ftv
Meter Freestyle and a sixth place fintsh tn the 4 X 50 Freestyle Relay
AND, FUTHER, BE IT RESOLVED: that the City Councd calls upon the ctttzen~ of
Virginia Beach to recogmze the courage, spirit and love of adventure that James has exhibited as he
represented the United States of America and the City of Virginia Beach which ts duly proud of his
ents f ~
Harry E 0~, Coun(~"~er~ber
M~dr~q~et L Euro/I. ~o~ncd Member
£o;, 3~ or
RI ar/fA addox Councd Member
eeve, Council Member
Peter W Schmtdt, Council Member
Ron A Vtllanueva, Council Member
Rosem~ Council Member
'Reba S McClanan, Council Member James L ~ ~ounctl Member
[ Mey~-a 'E Dbdrndo-~f Mayor / -
WHEREAS, Spectal Olymptcs ts an mternattonal program of sports training and
competttton whtch gtves chtldren and adults who are mentally challenged an opportumty to develop thetr
physical skdls, display thetr abtltttes and, most tmportantly, fulfill thetr human potenttal, and,
WHEREAS, The Vtrgmta Beach Special Olymptcs prowdes nurturing wtth an
opportumty to parttc~pate m traimng and comt>etitton as well as social events, and,
WHEREAS, Thts year, the 11th Special Olymptcs World Summer Games were hem tn
Dubhn, Ireland from dune 21-29 and were the largest tnternattonal multi-sport event tn the worm tn
2003, as well as the largest sporttng and cultural event ever staged tn Ireland, and,
WHEREAS, The Ctly of Vtrgmta Beach has special ttes to Ireland through lis Sister
Ctly, Bangor, Northern Ireland and,
WHEREAS, Team Vtrgtma's stxteen athletes, who jotned over 7,000 others from 160
countrtes worldwtde, included three parttctpants from Vtrglma Beach who excelled tn their events
recognizes
NOW, THEREFORE, The City Counctl of the Ctty of Vtrglma Beach, Vtrglma hereby
STEFANIE WARD
for her excellence tn the POWERLIFTING events by capturing GOLD tn the Deadhft, SILVER tn the
Bench Press and BRONZE tn the Combtnatton as well as placmg Fourth tn the Squat
AND, FUTHER, BE IT RESOLVED' that the Ct02 Councd calls upon the ~ mzens of
Vtrgmta Beach to recognize the courage, sptrtt and love of adventure that Stefame has exhlbtted as she
represented the Umted States of Amemca and the City of Vlrgtma Beach whtch is duly proud of her
Harry E Dt~!z~l: Counc~emXber Reeve, Councd Member
M~t L~. .u~cd Member~ ~nnPeter W Sch~ldt'~, }/~k/~'COunall Member
Lo~qjJ~2~~ Ron A Vtllanueva, Council Member
R~2 A~o~ber
Reba S McClanan, Council Member
Ros~, Councd Member
James iQ~oo~, Councd Member
~ [Vley4a E Ob~rndorf, Mayor /
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the C~ty Manager to Renew Leases for Spaces at the
V~rginia Beach Farmers Market
MEETING DATE: August 12, 2003
· Background:
The Farmers Market has been serving V~rginia Beach and its cibzens for over two
decades A variety of businesses lease space at the Market
Considerations:
The Code of Virginia requires all leases of City property to be approved by C~ty
Council. The proposed lease renewals are for several exisbng tenants at the
Farmers Market, some of which have been doing bus~ness at the Market s~nce ~ts
~ncepbon
Public Information:
A public hearing is required and has been advertised
Recommendations:
The Farmers Market management team recommends approval of the lease
renewals.
· Attachments:
Ordinance
Term Sheet
Recommended Action: Approval
Submitting Department/Agency: Agriculture
City Manag~~~l~~ ~~
F \Data~TY~Ord~n~IONCODE~FM lease renewals ARF wpd
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO RENEW LEASES FOR SPACES
3 AT THE VIRGINIA BEACH FARMERS MA3J{ET
4
5 WHEREAS, the City of Virginia Beach has leased spaces at the
6 Farmers Market since its inception;
7 WHEREAS, the terms of the leases for several spaces at the
8 Farmers Market have expired, and these tenants wish to renew the
9 leases for these spaces; and
10 WHEREAS, a public hearing concerning the proposed lease
11 renewals has been advertised and conducted.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 That the City Manager or his designee is hereby authorized on
15 behalf of the City of Virginia Beach to enter into lease agreements
16 from July 2003 through June 2006 w~th the following businesses for
17 spaces as the Farmers Market:
18 Space #3 and #4 - Judy Chapman t/a Chapman's Flowers & G~fts;
19 Space #5 and #6 - Mark Holland t/a Holland Produce;
20 Space #7 and #8 - Elsie Creekmore t/a Creekmore's Place;
21 Space #10 - Laurie Moser t/a Reflections of the Heart;
22 Space #11 - Laurie Moser t/a Secret Garden;
23 Space #12 - Country Butcher, Inc.;
24 Space #13 - David Hare t/a Hare Farms;
25 Space #14 - Bergey's Dairy Farm, Inc.; and
26 Space #23, #24, and #27 - Mlchele Shean t/a V~rg~n~a Garden
28
29
Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the
day of , 2003.
31
32 CA-8966
33 ORDIN\NONCODE\FM lease renewals.doc
34 R-3
35 July 31, 2003
36
37
38 APPROVED AS TO CONTENT:
4O
41
42 AgricultUre Department~
APPROVED AS TO LEGAL SUFFICIENCY'
Law Department~
SUMMARY OF TERMS
LEASES FOR SPACES AT THE VIRGINIA BEACH FARMERS MARKET
LESSOR: City of Virginia Beach
LESSEES AND RENT:
LESSEE MONTHLY ANNUAL
Chapman's Flowers $537 $6,444
Holland Produce $446 $5,352
Creekmore's Place $446 $5,352
Reflections of the Heart $537 $6,444
Secret Garden $446 $5,352
Country Butcher $537 $6,444
Hare Farms $446 $5,352
Bergey's Dairy Store $537 $6,444
V~rg~ma Garden $643 $7,7 ! 6
TERM: July 2003 through June 2006
RIGHTS AND RESPONSIBILITIES OF LESSEE:
Use leased space for retail enterprise consistent with the purpose of the Farmers
Market
· Mmntaln leased space, including heating and air cond~tlomng umts
· Purchase commercial general liabihty insurance
· Keep retail space open dunng hours of Farmers Market operation
RIGHTS AND RESPONSIBILITIES OF CITY:
Mmntaln common areas of the Farmers Market and structural elements of the leased
space
· Pay for water, sewer and, in most cases, electrical service
TERMINATION: C~ty may terminate by providing Lessee s~xty (60) days notice
Data/aty/ord~n/noncode/FM lease renewal SOT doc
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE:
Ordinance to Abolish the Youth Services Coordinating Committee
August 12, 2003
Background:
The Youth Services Coordinating Committee was established by the City Council
on January 10, 1995.
Considerations:
The City Council has determined that the Youth Services Coordinating Committee
should be abolished.
Public Information:
Public Information will be handled through the normal Council agenda process.
Attachments:
Ordinance
Recommended Action: N/A
Submitting Department/Agency: City Council
City Manager: F \DataV~,TY~Ord~n\NONCODE~YSCCarf wpd
AN ORDINANCE ABOLISHING THE YOUTH
SERVICES COORDINATING COMMITTEE
10
WHEREAS, on January 10, 1995, the City Council
established the Youth Services Coordinating Committee; and
WHEREAS, the Council now wishes to abolish this
Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Youth Services Coordinating Committee is hereby
abolished.
11
12
13
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
CA-8973
ORDIN \NONCODE\ysccord. wpd
R-1
August 7, 2003
APPROVED AS TO LEGAL SUFFICIENCY:
CITY OF VIRGINIA BEACH
~ AGENDA ITEM ~
ITEM: Acquisition of water, sanitary sewer, and drainage easements for Stumpy Lake
water line repair and other related maintenance (ClP 5-083)
MEETING DATE: August 12, 2003
Background: This acquisition is necessary to repair the 30" raw water main
(approximately 70 years old) obtained from City of Norfolk in June 2001 The eight-mile
raw water main transfers water from Stumpy Lake to Lake Lawson where the Norfolk
water treatment plant treats the water for public use The existing raw water main has
three exposed areas Manor Drive area, Ovedand Road, and Greenwich Road area
At the Greenwich Road area, the easements were ~ncomplete and repairs cannot be
made without additional easements There are also storm water and sanitary sewer
facility confhcts involved in the repairs, necessitating additional sanitary sewer and
drainage easements
Considerations: Repairs and rehabilitation for this project are necessary to ensure
that the Stumpy Lake raw water facility remains a viable raw water resoume for the City
of V~rginia Beach The raw water main must be repaired or it will eventually suffer a
catastrophic failure
Public Information: A public meeting addressing the raw water ma~n repairs was held
in the Kempsville High School Auditorium on April 10, 2003 The purpose of the public
meebng was to inform the citizens within the project work areas about the Stumpy Lake
facilities and proposed improvements Residents' comments and concerns were
solicited and have been incorporated into the design of the raw water ma~n repair
construction plans
Alternatives: The altemabves are to proceed with the repairs, or not If the decision ~s
to proceed, the easements must be obtained If the decision ~s not to proceed, potential
structural failures or line breaks will ultimately render the pipeline out of commission
Recommendations: The staff recommends that C~ty Council approve the attached
easement ordinance, which authorizes the City Manager to acquire the necessary public
utility and storm water easements by agreement, or ~f necessary, by condemnation
Funding for the easements w~ll be from the following CIP Project
- CIP 5-083 - Stumpy Lake Water Reservoir & Pumping Facilities Improvement
· Attachments: Ordinance, Location Maps, Exhibits A, B, & C
Recommended Action: Approval
Submitting Department/Agency: Department of Public Utilities
City Manager:(~~ ~ .~~
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY AND/OR TEMPORARY AND
PERMANENT WATER, SANITARY SEWER, AND DRAINAGE EASEMENTS,
EITHER BY AGREEMENT OR CONDEMNATION,
FOR THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2003-2004,
CIP 5-083 STUMPY LAKE WATER RESERVOIR
& PUMPING FACILITIES IMPROVEMENT
WHEREAS, ~n the oplmon of the Councd of the C~ty of V~rglnla Beach, Virginia, a
10 pubhc necessity emsts to repmr the ex~st~ng Stumpy Lake - Lake Lawson raw water p~pehne to
11 ensure that the Stumpy Lake raw water faclhty remains a viable raw water resource to the City of
12 Virg~ma Beach and for other related public purposes, ~nclud~ng the preservation of the safety,
13 health, peace, good order, comfort, and convemence, and for the general welfare of the people ~n
14 the C~ty of V~rg~nla Beach:
15
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
Section 1 That the C~ty Council authorizes the acqms~tlon by purchase or condemnation
18 pursuant to Sections 15 2-1901, et seq, Code of V~rg~ma of 1950, as amended, of all that certmn
19 real property in fee simple, ~nclud~ng temporary and permanent water, sanitary sewer, and
20 drmnage easements of right of way as shown on the plans entitled "REPAIRS TO STUMPY
21 LAKE 30" RAW WATER TRANSMISSION MAIN C.I.P 5-083 006," and more specifically
22 described on the acqms~t~on plats for the project (collectively, the "Plans"), the Plans being on
23 file ~n the Office of the Water Resources Division, Department of Pubhc Utlht~es, C~ty of
24 Vlrglma Beach, V~rg~ma. Such acquisition will be made only after comphance with
25 Admlmstratlve Directive 3.14 for "Pubhc Input for Pubhc Infrastructure ProJects Undertaken in
26 the City"
27
27 Section 2. That the C~ty Manager is hereby authorized to make or cause to be made on
28 behalf of the City of V~rgima Beach, to the extent that funds are available, a reasonable offer to
29 the owners or persons having an interest in smd lands. If refused, the C~ty Attorney is hereby
30 authorized to institute proceedings to condemn smd property.
31 Adopted by the Council of the City of V~rgima Beach, V~rg~nia, on the __
32 day of ., 2003.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY ATTORNEY
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CITY OF VIRGINIA BEACH
· AGENDA, ITEM
ITEM: Acquisition of a new sanitary sawer pump station site for the replacement
of the existing Pembroke Manor South Pump Station #354
MEETING DATE: August 12, 2003
· Background: This project is needed to construct a new san;tary sewer pump station to
replace an existing 40-year old pump station The station has severe capacity and structural
dehc~encies Rudolph A. and Ruth A Geisaka own the s~te to be acquired for the new pump
stabon
· Considerations: The owners were contacted and prefer not to sell the property but
they understand the needs of the city. A new pump station needs to be constructed to avoid
system failures and to ensure quahty sanitary sewer service to the Pembroke residents and
businesses The existing site ~s too small to simultaneously support the operations of the
exisbng station and construcbon of the new station Upon completion of the new pump station,
the ex;sbng station will be demolished The existing pump station s;te w~ll be combined w~th the
new site
· Public Information: The pump station project was presented at the Pembroke Manor
Associabon's June 9, 2003 meeting. The presentation explained the purpose of the project,
location, and schedule. Residents' comments were sohcited and ~ncorporated into the design of
the pump stabon
[] Alternatives: Instead of acquiring a new pump station site, we would use the existing
pump station site The existing pump station could be demolished and the new pump stahon
could be built over top of the existing pump station Th;s alternative would require land
reclamation from the adjacent wetlands, bypass pumping, and complicated construction
techniques Th;s alternative would cost approximately $250,000 00 more than the cost of
acqu;nng the new s;te and bu;Idmg a new pump station
[] Recommendations: Staff recommends the C;ty Council approve the attached
ordinance, which authorizes the City to acqu;re by agreement or condemnabon, all land
necessary for the construction of the new sanitary sewer pump station s;te Funding for the
pump station s;te acquisition will be from CIP project 6-063 Central Business D~stnct System
Upgrade
[] Attachments: Ordinance and plat for pump station s~te
Recommended Action:
Submitting Department/Agen¢iy:
City Manager: ~ [~.
Approve ordinance
Public Utilities
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR THE PEMBROKE
MANOR SOUTH PUMP STATION SITE, EITHER BY
AGREEMENT OR CONDEMNATION, FOR THE FOLLOWING
SANITARY SEWER PROJECT, PUMP STATION #354
6-063 Central Business District System Upgrade
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WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water and sanitary sewer project
13 to provide needed improvements to the City's water and sanitary
14 sewer systems and for other public purposes including the
15 preservation of the safety, health, comfort, and convenience,
16 and for the general welfare of the people in the City of
17 Virginia Beach:
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20
1. That the City Council finds there is a public
21 necessity for this sanitary sewer project, and authorizes the
22 acquisition by agreement or condemnation pursuant to Sections
23 15.2-1901, et seq., Code of Virginia of 1950, as amended, of all
24 that certain real property in fee simple, including temporary
25 and permanent easements and rights-of-way (collectively the
26 "Property") as may be necessary to construct the project and as
27 is shown on the plans for the project, and as is more
28 specifically described on the acquisition plat for the project
29 (collectively the "Plans"), and the Plans are on file in the
30 Engineering Division, Department of Public Utilities, City of
31 Virginia Beach, Virginia. Such acquisition will be made only
32 after compliance with Administrative Directive 3.14 for 'lPublic
33 Input for Public Infrastructure Projects Undertaken in the City."
34
2. That the City Manager is hereby authorized to make or
35 cause to be made on behalf of the City of Virginia Beach, to the
36 extent that funds are available, a reasonable offer to the
37 owners or persons having an interest in the Property. If
38 refused, the City Attorney is hereby authorized to institute and
39 prosecute proceedings to condemn the Property.
40
Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the
day of , 2003
42
43 APPROVED CONTENTS
4746 ~NATURE ~~~
S 0 DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
CITY A~TORNEY
51 CA-8913
52 Data/aty/ordin/noncode/CA8913.ORD.doc
53 August 12, 2003
]iON $35)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving and Authorizing the Acquisibon from the Gal~otos
Family of Property Located Within Block 6 at Town Center for $2,250,000 and
Appropriating and Transfernng Funds to Capital Project # 9-016, Town Center
infrastructure for Such Purposes
MEETING DATE: August 12, 2003
Background: The Town Center Project has been a long-term pnonty for the
C~ty. The City Council first recognized the importance of the Town Center
project ~n the Central Business District of the City when ~t adopted the
Comprehensive Plan on November 4, 1997 Since th~s time, the City Councd
has continued its ongoing support of the Project and Phase I of the Project,
compnsed of a 254,000 square foot offme tower, 107,000 square foot of
commercial space, a 176-room hotel, a 17,000 square foot bank headquarters
building, a 1,278-car public parking garage, and public streets, sidewalks and
ubl~ties, has been substantially completed On June 3, 2003, the C~ty Councd
approved the Phase II Project Documents containing the nghts and obligations of
the V~rginia Beach Development Authority and the Developer w~th respect to
Phase II of the Project.
Block 6 of the Project comprised of a total of 2.35 acres, is owned in part by the
Gal~otos famdy and in part by the Virginia Beach Development Authority. Control
over the Gal~otos family parcel is necessary to complete the land assemblage for
Block 6 of the Town Center Project.
Considerations: Acquisition of the Galiotos property will complete the land
assemblage for Block 6 of the Town Center project and ~s in the best interest of
the City and desirable and necessary to achieve the desired public benefit,
~nclud~ng use of the site for the potential public theater and/or for street and other
public purposes.
Public Information: Public Information for this item will be handled through the
normal Council agenda process.
Alternatives: Approval of the Galiotos acqu~sibon reflects the City's on-going
commitment to the long-term priority of developing Town Center. There are
certainly other alternatives to development of the Central Business D~strict;
however, few, ~f any, alternabves accomplish the Councd's stated goals for th~s
area or provide the level of quality proposed.
Recommendations: Approve the acquisition of the Galiotos Property located
within Block 6 at Town Center for $2,250,000 and appropnate and transfer funds
to Capital Project #9-016.
Attachments: Ordinance
Recommended Action: Approval of attached ordinance
Submitting Department/Agency: Economic Develop,,rn.~)
City Manage~W~5'D ,~'' ~~
F \DataV~TY~Ordin\NONCODE\CA8946 arf doc
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AN ORDINANCE APPROVING AND
AUTHORIZING FOR PUBLIC PURPOSES THE
ACQUISITION FROM THE GALIOTOS FAMILY
OF PROPERTY LOCATED WITHIN BLOCK 6
AT TOWN CENTER FOR $2,250,000 AND
APPROPRIATING AND TRANSFERRING
FUNDS TO CAPITAL PROJECT # 9-016, TOWN
CENTER INFRASTRUCTURE FOR SUCH
PURPOSES
WHEREAS, Town Center Associates, L.L C (the "Town Center Developer") and
the Virginia Beach Development Authority (the "Authority") are developing a Central Business
13 District Project known as "The Town Center of V~rg~nia Beach" (the "Project"), a m~xed-use
14 commercial development utilizing the structure of an economic development park in the B-3A
15 Pembroke Central Business Core District, an area of the City of Vlrglma Beach which is zoned to
16 optimize development potential for a mixed-use, pedestrian-oriented, urban acnwty center with
1'7 m~d- to high-rise structures that contain numerous types of uses, including business, retail.
18 residennal, cultural, educational and other pubhc and private uses,
19
WHEREAS, Phase I of the ProJect, comprised of a 254,000 square foot office
2 0 tower, 107,000 square feet of commercial space, a 176-room hotel, a 17,000 square foot bank
headquarters building, a 1,278-car public parking garage, and public streets, s~dewalks and
2 2 unhties, is nearing completion,
23
WHEREAS, an exhibit to the Development Agreement of The Town Center of
2 4 Vlrgima Beach dated as of March 6, 2000, as amended, by and between Town Center Associates,
25 L L.C and City of V~rgm~a Beach Development Authority, related to the development of Phase I
2 6 of the Project, approved by City Council on February 8, 2000, pursuant to Ordinance No. ORD-
2 7 2570Q designated a portion of the real property owned by the Galiotos family in Block 6 of the
2 8 Project as "Condemned Areas".
2 9 WHEREAS, pursuant to Ordinance No 2766-A adopted June 3, 2003, after fin&ng
3 0 that Phase II of the Project will stimulate the City's economy, ~ncrease public revenues, enhance
3 ~_ public amenities, further the City's development objectives for the Central Business District and
32 provide necessary components to further the goals contained in the City's "Guidelines for
Evaluation of Investment Partnerships for Economic Development", the City Council approved
34 the documents contmning the rights and obhgat~ons of the Authority and the Developer with
3 5 respect to Phase II of the Project (the "Phase II Project Documents"),
36
WHEREAS, pursuant to ~ts Resolution adopted June 17, 2003, the Authority
3 ? approved the Phase II Project Documents;
38
WHEREAS, the City of Virginia Beach supports the Authority's financial
3 9 obligations for the Project pursuant to support agreements between the City and the Authority,
4O
WHEREAS, Block 6 of the Project, comprised of a total of approximately 2 35
41 acres, ~s owned ~n part by the Galiotos family and in part by the Authority, though the Town
4 2 Center Developer has the option to purchase the Authority's portion of Block 6 pursuant to the
43 Phase II Project Documents,
44
WHEREAS, on behalf of the City and the Authority, the City Manager and City
4 5 staff have engaged in negotiations with representatives of the Galiotos family regarding property
46 owned by ~t in Block 6 of the Project area (the "Galiotos Property"), including development of the
4 ? Galiotos Property by the Galiotos family; the City's requirements for dedication of portions of the
4 8 Gahotos Property for streets and for other public uses ~f developed by the Gahotos family, and the
4 9 acquisition of the Gahotos Property (or parts thereof) by the City for streets and other public uses
50 and the price and terms on which the Gahotos family would sell such property,
51 WHEREAS, ~n the opinion of the Council of the City of Virginia Beach, Virginia, a
52 pubhc necessity exists for the acqms~non of th~s ~mportant s~te for public purposes for the
53 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of
54 the people ~n the City of V~rginia Beach; and
55
WHEREAS, the C~ty Council has determined the acquisition of the Galiotos
56 Property to be in the best interest of the City and desirable and necessary to achieve the desired
5 ? public use
58
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
59 VIRGINIA BEACH, VIRGINIA,
60 1.
That the C~ty Council authorizes the acqmsition for pubhc purposes of
61 the Galiotos Property, by purchase, which Property is described and depicted on Exhibit A
62 attached hereto.
2
That the City Manager or h~s designee is authorized to execute on behalf
64 of the City of Virg~ma Beach, an Agreement of Sale for the purchase of the Galiotos property, for
65 the sum of $2,250,000 and in accordance w~th the terms contained in the Summary of Terms
attached hereto as Exhibit B.
67 3
That $1,700,000 of the net original issue premium earned by the C~ty in
6 8 connection w~th the ~ssuance of its $50,000,000 General Obligation Public Improvement Bonds,
6 9 Series of 2003A is hereby appropriated to Capital Project # 9-016, Town Center Infrastructure.
70 4
That the remmmng acqms~t~on price of $550,000 ~s hereby transferred
71 from Capital Project # 9-038, Economic Development Infrastructure Projects, to Capnal Project #
'72 9-016, Town Center Infrastructure.
73
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Adopted by the Council of the City of V~rginia Beach, Virginia, on the
day of ,2003
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CA-8946
August 12, 2003
F \Data\ATY\Forms\Commerc~al ProJects\Town Center\Block 6 Performing Arts Ord Draft B2 doc
AP~_g_OVED AS TO CONTENT
Finance Department
APPROVED AS TO LEGAL SUFFICIENCY.
City Attorney
EXHIBIT A
Property Description
PARCEL ONE
ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and
designated as Lots 21, 22, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44, in block Thirty-one (31), as
shown on the plat entitled Sunny Brook, which plat is duly recorded in the Clerk's Office of the
Clrcmt Court of the City of Virginia Beach, Virginia in Map Book 5, at page 201.
IT BEING the same property conveyed to Anthony Gahotos and June A. Gahotos, husband and
wife, by deed dated April 23, 1981 from Wllham Beasley aka W E. Beasley and Emily V
Beasley, husband and wife, and recorded ~n the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 2114, page 758. Corrected to change name from June A
Gahotos to Irene A Gahotos and re-recorded in Deed Book 2117, page 608.
PARCEL TWO'
ALL THOSE certmn lots of land, with any buildings and improvements thereon, and all
appurtenances thereunto belonging, situate In the City of Virginia Beach, Virginia, known,
numbered and designated as Lots 18, 19, and 20, in Block 31, as shown on that certain plat
entitled "PLAT OF A PORTION OF SUNNY BROOK (MB 5, P. 201) FOR EIGEN
PROPERTIES, BAYS[DE BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale 1" = 100',
dated June, 1975, made by Marsh and Basgler, Inc., P C. Engineers-Surveyors-Planners, 101
North Plaza Trml, Vlrgima Beach, Virginia, and duly recorded in the Clerk's Office of the Circuit
Court of the C~ty of Virginia Beach, Virginia, in Map Book 110, at page 12
IT BEING the same property conveyed to Anthony Gahotos and Irene Galiotos, husband and
wife, by Deed of Exchange dated May 30, 1979 from EPCO PEMBROKE ASSOCIATES, a
Virginia limited parmershlp, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 1906 at page 720.
PARCEL THREE'
ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the City of Virginia
Beach, V~rginla, as shown on the "PLAT OF SUNNYBROOK" duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, In Map Book 5, at page 201,
being that portmn of thc southern one-half of "POTOMAC STREET" which lies between thc
western right-of-way line of "FOURTH STREET" (now Garrett Drive) and the extension in a
northerly direction of the western boundary hne of Lot 16, in Block 31, together with that portion
of the northern one-half of "CLEVELAND STREET" which lies between the western right-of-
way line of "FOURTH STREET" (now Garrett Drive) and the extension in a southerly direction
of the western boundary hne of Lot 35, in Block 31
IT BEING the same property conveyed to Tasos A Gahotos by Deed dated October 3, 2000, and
recorded in the Virginia Beach C~rcult Court Clerk's Office in Deed Book 4306, at page 1185.
EXHIBIT B
SUMMARY OF TERMS
AGREEMENT FOR THE PURCHASE OF
THE GALIOTOS PROPERTY
OWNER:
BUYER:
SALE PRICE:
DEPOSIT:
STUDY PERIOD:
SETTLEMENT
DATE:
Anthony & Irene Gahotos and Tasos A. Galiotos (Street Parcels- a portion of
Potomac Street and a port~on of Cleveland Street).
City of V~rginia Beach
$2,250,000 00 ($100,000.00 for Street Parcels and $2,150,00.00 for balance
of property)
$100,000.00 payable to Escrow Agent upon execution of Agreement of Sale
by all parties
Until August 15, 2003
Five (5) days after the expiration of the Study Period.
OTHER TERMS
AND CONDITIONS:
City shall bear cost of obtaining the t~tle report and all other closing costs associated
with settlement including all recording costs, except grantor's tax, and transfer taxes,
and all title insurance premiums and its own attorneys' fees and costs. Seller shall
prepare the deed conveying title to the property and shall pay all expenses of
preparation of the deed, the grantor's tax and 1ts own attorneys' fees and costs.
If settlement is not effected due to default of Seller, the City shall have the right to
receive return of its deposit or to seek specific performance. If settlement is not
effected due to default of the City, Seller shall have as its sole remedy, the right to
retain the deposit as llqmdated damages.
F \Users\VValldej\WPXBZA\Gahotos sum wpd
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:An Ordinance Authorizing the City Manager to Execute an Agreement With
SPSA for the Operation of the Appliance ("White Goods") Recycling Facility and a
Lease Option for a Compost/Mulch Facility (Yard Waste) at Landfill II
MEETING DATE: August 12, 2003
Background: The Southeastern Public Service Authority (SPSA) currently operates a yard waste
processing facility on 9 acres of land at Landfill II pursuant to a lease with the City SPSA now desires
to (i) assume the operation of the appliance ("White Goods") recycling facility at Landfill II, and (ii)
acquire an option to lease 48+ acres at Landfill II in order to consolidate its compost/mulch operations
at the Regional Landfill into one site. The terms and conditions of the lease option are attached hereto.
Since the operation of the White Goods recycling facility is not covered under the current lease with
SPSA, an agreement providing for this specific operation is needed. The option to lease the 48+ acres
will allow SPSA to finalize its plans for consolidation of its operations. The long-term agreements
contemplated herein are expressly authorized by Virginia Code Section 15 2-5148
Considerations: SPSA has agreed to assume operation of the White Goods facility at no cost to the
City. If SPSA exercises the proposed option to lease, this project will provide additional savings and
long-term benefits to Virginia Beach. The attached Policy Report provides detailed considerations for
this project. If SPSA exercises its option to lease, the new lease w~ll not affect the Ash and Residue
Agreement or the Use and Support Agreement currently in effect.
Public Information: Notification will be through the normal agenda process. If SPSA exercises the
option to lease the 48+ acres at Landfill II, as part of the permitting process for this facility, SPSA will
follow all requirements for public notification and any public hearings required by the Department of
Enwronmental Quality at the appropriate time. The adjacent property owners have no objection to the
project
Recommendations: Adopt the ordinance to authorize the City Manager to execute the Agreement
and Option of Lease in accordance with the Summary of Terms attached hereto.
Attachments: Ordinance; .Summar~ of Terms; Location Plat, Location Photo~lraph; Policy Report
Recommended Action: Approval
Submitting Department/Agency' Public Works/Waste Management
City Manager'(~ [~_
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
WITH THE SOUTHEASTERN PUBLIC SERVICE
AUTHORITY FOR THE OPERATION OF THE
APPLIANCE ("WHITE GOODS") RECYCLING
FACILITY AND A LEASE OPTION FOR A
COMPOST/MULCH FACILITY AT LANDFILL I!
WHEREAS, the C~ty of Vlrg~ma Beach (the "C~ty") is the owner of that certmn
parcel of land located at 1989 Jake Sears Road ~n V~rg~ma Beach, V~rg~ma and known as Landfill
11 II,
12
WHEREAS, pursuant to V~rg~ma Code § 15 2-5148, the C~ty and the Southeastern
i3 Pubhc Service Authority ("SPSA") entered ~nto a lease dated September 26, 1990, (the "1990
i4 Lease") of approximately rune acres at Landfill II for use by SPSA for the construction and
i 5 operation of a compost/mulch (yard waste) processing facd~ty,
WHEREAS, SPSA proposes to consolidate at Landfill II ~ts emst~ng compost/mulch
i7 processing facility leased under the 1990 Lease w~th ~ts fac~hty located in the City of Suffolk,
i 8 V~rglma;
i9
WHEREAS, to effect the proposed consolidation in the future, SPSA desires an
2 0 option to enter ~nto a new lease w~th the City for the consohdated compost/mulch procesmng facility
2 i at Landfill II consisting of approximately 48 acres (the "Property") as shown on Exhibit A attached
2 2 hereto,
23
WHEREAS, SPSA also desires to assume the operation of the "White Goods"
2 4 recychng faclhty at Landfill II at no cost to the C~ty; and
24 WHEREAS, SPSA and City staff worked with the C~ty Attorney to draft an
2 5 agreement and an option to lease which sets forth the responslbd~t~es and obhgat~ons of the parties
26 upon terms and con&tlons mutually agreeable to all parties.
27
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
2 8 VIRGINIA BEACH, VIRGINIA
29
That the C~ty Manager ~s hereby authorized to execute an agreement w~th SPSA for
3 0 the operation of the "White Goods" recychng facdlty at Landfill II and a lease option between SPSA
and the City for approximately 48 acres of land at Landfill II ~n accordance with the Summary of
32 Terms attached hereto
33 Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rg~ma, on the __ day of
3 4 ., 2003
CA-8519
F \Users\VValIdej\WP~BZA\SPSA ordl wpd
R-5
O7/17/03
APPROVED AS TO CONTENT
Department gf Pubhc ~rks
Department of Law /?
', 'TALLWOOD ELEMENTARY SCHOOL'
I O. 8. 4372 PG. 295
, 1455-71-2439 ..~
........ 5,~- - -
[ I / / / o.,~. ,2,.~s. ~s~/1_-/-
~i~,, / / / 0.~.~s~t Ps. e4~ / //
z~ ~ S~SA- CO~ST/MULCH FACIU~
m I / '1 J / r D.B. 2256 PO. G68 /
z j D.B. 2258 PG. 668
I / / /', / ' / / / / I
N 18 41'56' W
5;I~;~~ NOW OR FORMERLY
DRAGAS ASSOCIATES
D. 8. 4261 PG.
D. B. 453~ PO. 181~
M. B. 3~6 PG. 58 &
1454-59-5748
~OEND
o CO~R (NOT
~HIBIT 'A~
A P~LOF ~D TO BE ~ED
TO
SO~~~ ~BUC SER~CE AU~O~ OF VIR~NIA (S~
~E C~ OF ~RGIN~ B~CH
VIR~N~ B~, ~RGIN~
~GINEE~NG DIVISION 5U~ BU~U
DEP~M~ OF ~BUC WO~
CI~ OF VIRGIN~ B~CHt VIRGIN~
DA~:
SUMMARY OF TERMS
AGREEMENT FOR THE OPERATION OF "WHITE GOODS" RECYCLING
FACILITY AND LEASE OPTION FOR THE USE OF
48 4- ACRES AT LANDFILL II
LESSOR:
City of Virginia Beach.
LESSEE:
Southeastern Public Service Authority (SPSA)
PREMISES:
Approximately 484- acres of land at Landfill II.
TERM:
Initial term for the operation of the "White Goods" recycling facility is for
two years. IfSPSA exercises the option to lease the property for the compost/
mulch area, the operation of the "White Goods" recycling facility shall
continue in accordance with the term of the lease.
As to the Lease, the term shall be from the date of SPSA's written not,ce to
the City to exercise the lease option until June 30, 2010 with additional
renewal terms of up to 5 years each. Any such renewal shall be at the sole
discretion and option of the City.
RENT:
Ten Dollars per year for the initial term and any renewal term thereof
RIGHTS AND RESPONSIBILITIES
OF SPSA UNDER THE AGREEMENT:
Will assume the responsibility for the operation of the white goods (appliances)
recycling area at no cost to the City.
IF SPSA EXERCISES THE LEASE OPTION:
Will use the Premises for the construction and operation of a compost/mulch
processing facility (the "Facility") and no other purpose. Additionally, the hours of
operation of the Facility shall be set and supervised by the City.
Will construct the Facility and obtain all permits required at its sole cost and expense.
However all construction plans must be submitted to the City for review and
approval prior to the initiation of any construction of improvements. All ingress and
egress to the Premises shall be by means of Jake Sears Road.
Will terminate the current 1990 Lease upon final completion and commencement of
operation of the new Facility and shall vacate such premises in accordance with the
terms and conditions of the 1990 Lease.
Will pay the City the sum of $81,691.00 ~n full and complete settlement and
satisfaction of all unpmd amounts previously ~nvomed by the City under the Ash and
Residue Agreement between the C~ty and SPSA. This payment shall be made by
SPSA concurrently with the execution of th~s lease
As a condition of the City's s~te plan approval of the new facihty, SPSA will
construct a buffer of trees/shrubbery of at least 50 feet around the perimeter of the
facd~ty on all areas that are not adjacent to the landfill operation.
Will maintain and perform any and all necessary repairs and replacements to the
Premises.
Will indenmify the City for any and all claims arising from SPSA's use and
occupation of the Premises, including any and all adverse enwronmental conditions
caused by SPSA.
RIGHTS AND RESPONSIBILITIES
OF CITY:
Will inspect the Premises for comphance w~th the terms of the Lease and all state,
local and federal laws, statutes, ordinances and regulations.
TERMINATION: The City is not required to renew either the Agreement or the Lease after ~ts
imt~al term. After 2018, the C~ty may terminate at any time for any reason w~th 24 months written
notice to SPSA.
F \Us~'s\WalIdej'~WI~ZA',SPSAIse sum wpd
Policy Report
BACKGROUND
The Southeastern Pubhc Service Authority (SPSA) ~s the regional sol~d waste d~sposal agency
created in the 1980's to handle the sohd waste for Norfolk, Portsmouth, Chesapeake, Suffolk,
V~rg~n~a Beach, Frankhn, and the counhes of Isle of W~ght and Southampton
On August 8, 1984, V~rg~n~a Beach and the Southeastern Pubhc Service Authority (SPSA)
entered ~nto two agreements One was an agreement for "Use and Support," which was
executed by all e~ght SPSA member commun~bes It was ~ntended to prowde a bas~s for SPSA
to obtain financing to construct the regional waste disposal facihbes, begin processing solid
waste, and to assure that adequate quanbbes of waste are available to pay for operabng costs
and debt service It expires on January 24, 2018 The second agreement was for "D~sposal of
Ash and Residue" Th~s agreement prowdes for SPSA to d~spose of up to 300,000 tons of ash
and residue, from the Refuse Derived Fuel Plant ~n Portsmouth, at the Virginia Beach Landf~ll
II. The agreement required SPSA to reimburse V~rg~n~a Beach for the purchase of 153 acres
of land in the 1980's to be used for disposal of the ash and residue Other significant provisions
of the agreement allow for V~rg~n~a Beach to d~spose of 5% of the waste collected by the C~ty and
City contractors without charge, and for a predetermined cap on the tipping fees paid each year
dunng the term of the agreement The agreement expires December 31, 2015, at which bme
the benefits of the capped tipping fee and operabng cost reimbursement will expire The 5%
free d~sposal ~s also a prows~on of the Use and Support Agreement, so V~rg~n~a Beach w~ll
receive th~s benefit at least through January 24, 2018
In July 1997, SPSA nobfled the C~ty that they would no longer be dehvenng ash and residue to
Landfill II They decided to dispose of it in the Regional Landfill However, a provision of the
agreement states, "The Authority agrees to make such payments to V~rg~n~a Beach (operabng
and capital, costs) ~rrespecbve of whether the Authority makes use of the Landfill "
SPSA currently leases 9 acres of property at Landfill II for a yard waste mulching facd~ty for $10
per year The material is processed and delivered to the Regional Landfill to create compost
for sale Compost ~s dehvered back to Landfill II for sale to residents and businesses
CONSIDERATIONS
· Operational/Maintenance:
SPSA ~s cons~denng consolidabng the mulch fac~hty at Landfill II and the compost fac~hty
at the Regional Landfill ~nto one s~te at Landfill II SPSA has asked for a Lease Opbon for
approximately 48 acres it will need at Landfill II It will provide SPSA the opportunity to
beg~n planning for an expansion of the Regional Landfill, reduce operating costs, and will
eliminate the need to locate and purchase another s~te A photograph showing the area
~s attached SPSA has offered the following cons~derabons
SPSA w~ll abandon the ex~sbng 9-acre mulch fac~hty for V~rg~n~a Beach to use as
appropriate
SPSA w~ll take over operabon of the "VVh~te Goods Program" at no cost to the C~ty
It requires that appliances that are delivered to Landfill II by the City and others be
recycled All freon ~s extracted from refrigerators and a~r cond~boners to comply w~th
the Federal Clean A~r Act
SPSA w~ll design the fac~hty to assure adequate buffers w~ll be ~n place for no~se
control and aesthetic buffering We will be requ~nng a m~n~mum of a 50' buffer of
trees/shrubbery on the perimeter of the s~te that ~s not d~rectly adjacent to the Landfill
operabon
SPSA uses an enwronmentally safe chemical agent to control odors ~n the compost
operabon
· Land for future phases cleared by SPSA
· Internal roads ~mproved by SPSA
The annual trips of SPSA tractor-tra~lers over V~rg~n~a Beach roads w~ll be reduced
by 2,691, or 53%
Virginia Beach w~ll conbnue to have a d~sposal Iocabon ~n the western part of the C~ty
to dehver yard waste
· Organizational:
The facihty w~ll be located on the proposed Phase 2B and Phase 3 expansion areas
that w~ll not be needed by the C~ty unbl after 2018
SPSA will coordinate all wetlands ~ssues w~th the V~rg~nla Department of
Environmental Quahty (DEQ) and the appropriate Federal agencies
· Wetlands issue for future phases w~ll be resolved
· Recogn~bon as regional partner to other SPSA members
· Legal:
The C~ty Attorney has reviewed the Agreement and prepared the attached ordinance
· Budgetary:
· SPSA w~ll pay all costs for construcbon and operabon of the fac~hty
SPSA will pay $81,691 to the C~ty for past due amounts ~n d~spute. SPSA w~ll take
over the operabon of the VVh~te Goods Program at no cost to the C~ty that was
prewously contracted $160,000 was reallocated ~n the 2003/2004 Budget as a result
of SPSA performing th~s work at no cost to the C~ty
· SPSA will pay all costs for construcbon and operabon of the Compost/Mulch Fac~hty
PUBLIC INFORMATION
Public notification w~ll be through the normal agenda process SPSA w~ll follow all requirements
for pubhc notification, ~ncluding any public hearings that may be required by the Department of
Enwronmental Quahty This proJect was presented to CBN in a meeting on June 28, 2002, with
the Waste Management Administrator, SPSA D~rector of Operabons, and the CBN D~rector of
Fac~hbes Management He had on objecbons w~th th~s proJect
ALTERNATIVE COURSE OF ACTION
Adopt the proposed ordinance to authorize the City Manager to execute an Agreement and
Lease Option w~th SPSA for approximately 48 acres at Landfill II for the proposed
compost/mulch facihty
.
Virginia Beach can conbnue under the current Ash and Residue Agreement through 2015
However, SPSA has ~nd~cated that they will be consolidabng the mulch and compost
operabons to another s~te somewhere ~n the Region ~f the V~rg~n~a Beach s~te ~s not
available
RECOMMENDATIONS
Adopt the Ordinance to authorize the C~ty Manager to execute the Agreement of Lease w~th
SPSA
Prepared by'
Rewewed by
Approved by
Date
~~Da~te~)
fin
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Working Agreement for the Hampton Roads Comprehensive Regional Information
Management and Exchange System (CRIMES).
MEETING DATE: August 12, 2003
Background: The City of Virginia Beach originally entered into the CRIMES
agreement with Chesapeake, Hampton, Newport News, Norfolk, Portsmouth,
James City County, and Suffolk on June 24, 1993. The 1993 agreement is still in
effect. The updated agreement adds James City County, Poquoson, Smithfield,
York County and Williamsburg to the group of participating jurisdictions.
Considerations: The revised document will correctly reflect the current Virginia
Code section that authorized this type of agreement, the organizational layout, and
the voting members of the CRIMES board.
Public Information: To be advertised in the same manner as other items on City
Council agenda.
Recommendations:
Approve Resolution
· Attachments:
Resolution, material terms of agreement, current agreement, proposed revised
agreement.
Recommended Action: Approval
Submitting Department/Agency: Pohce Department /~~
F \Data~TY~Ord~n\~ODE\CRIMES ARF wpd
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE WORKING AGREEMENT FOR THE
HAMPTON ROADS COMPREHENSIVE REGIONAL
INFORMATION MANAGEMENT AND EXCHANGE
SYSTEM (CRIMES) BETWEEN THE CITY OF
VIRGINIA BEACH AND CHESAPEAKE, HAMPTON,
JAMES CITY COUNTY, NEWPORT NEWS, NORFOLK,
POQUOSON, PORTSMOUTH, SM I TH FI ELD,
SUFFOLK, YORK COUNTY, AND WILLIAMSBURG
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WHEREAS, Code of Virginia ~ 15.2-1300 allows local governments
to enter into agreements for the joint exercise of powers;
WHEREAS, each of the parties hereto desire to maintain a
formal communications network among all participating
jurisdictions;
WHEREAS, it is recognized that developing a regional criminal
justice information system utilizing current technology and tools
will facilitate in keeping the system functioning at a level that
continues to meet the needs of the criminal justice user
environment; and
WHEREAS, Virginia Beach, and the other participating
jurisdictions are cognizant of the benefits which they will derive
by way of improved efficiency and effectiveness gained by having
access to accurate, dependable and timely information.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the accompanying Working Agreement for the Hampton Roads
Comprehensive Regional Information Management and Exchange System
(CRIMES) is hereby approved, and the City Manager is hereby
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authorized and directed to execute said agreements on behalf of the
City of Virginia Beach. A summary of the material terms for the
agreement is attached hereto and a true copy of the agreement is on
file with the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 2003.
CA-8969
ordin/noncode/CRIMES, res
R-1
August 1, 2003
APPROVED AS TO CONTENT-
~ol~e~artmen/
APPROVED AS TO LEGAL
SUFFICIENCY'
SUMMARY OF TERMS
.
.
e
.
.
.
Scope - To operate a regional criminal justice information system.
CRIMES - A working agreement for the Hampton Roads Comprehensive Regional
Information Management and Exchange System.
Definitions -
A. Participating Member - Duly appointed representatives of the participating
jurisdictions empowered with voting rights.
B. Participating Jurisdiction - A city, county, or town that enters into the Agreement for
the Comprehensive Regional Information Management and Exchange System
(CRIMES). Participating jurisdictions will have voting representatives with voting
rights and will fully share in the costs of using, maintaining and upgrading the
system.
C. Fiscal Year- the twelve-month period beginning July 1 and ending June 30 of the
succeeding calendar year.
Termination - CRIMES may be dissolved at anytime by agreement of the governing bodies
of all the participating members. Participating jurisdictions may withdraw from CRIMES
if required funds are not appropriated by the City Council, however, written notifications
shall be sent to the CRIMES Board no later than January 1st of the fiscal year in which the
participating jurisdiction intends to withdraw.
Insurance - The CRIMES Board of Directors shall hold general liability insurance in an
amount not less than two million dollars ($2,000,000) for the protection of its participating
members, officers, employees and the participating jurisdictions, their employees and their
officers.
Powers of the Board of Directors -
A. To oversee and direct the development of CRIMES to include decisions regarding
all technical and functional issues and costs as well as the application of resources
and funding toward these goals.
Bo
To promulgate each year a schedule of fixed costs for maintenance of CRIMES,
including equipment and basic staff, and of variable costs of operation depending on
the number of active participants and any additional developmental costs.
Co
To determine additional participating jurisdictions and user groups and the terms and
conditions applicable to their participation and the expansion of CRIMES.
D. To designate one of the participating jurisdictions to serve as fiscal agent.
E. To approve contracts to be entered into by its fiscal agent.
F.
To designate a "ProJect Manager" to serve as the day-to-day project coordinator.
This person ill be an employee of one of the participating jurisdictions.
,
Operating Expenses - The City will be responsible for twenty-five percent (25%) of the total
cost divided equally among all partmipating jurisdictions. The remainder of the costs will
be diwded by a percentage based on population figures provided by VaStat.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TEM: Encroachment Request to maintain an exisbng bulkhead and to install
rip-rap and sand for David H and Jean H. Kle~n
MEETING DATE: August 12, 2003
Background: Mr. and Mrs Dawd H. Klein desire to maintain an ex~sting bulkhead
and replace deteriorated bulkheading with rip-rap and sand ~n Kempes Lake.
Considerations: City staff has reviewed the requested encroachment and has
recommended approval of same, subject to certain conditions outhned in the
agreement.
The Department of Public Works supports the utilization of "hardened slope
stabilization" methods including bulkheading, grouted rip-rap and np-rap with filter
cloth to minimize and prevent soil loss along bank slopes associated w~th open
drainage d~tch, canal and lake systems. These methods are successful ~n areas
with soil types classified as h~ghly erodible, specifically dunng major rainfall events
which create high velocities and wave action along bank slopes due to h~gh winds
There are other properties adjacent to the Kleins' property which also have rip-rap
and bulkhead~ng.
Public Information: Advertisement of City Council Agenda
Alternatives: Approve the encroachment as presented, deny the encroachment or
add conditions as desired by Council
Recommendations: Approve the request subject to the terms and conditions of
the agreement
Attachments: Ordinance, Location Map, Agreement, Plat and Pictures
Recommended Action: Approval of the Ordinance
Submitting Department/Agency: Public Works/Real Estate,S.,
City Manager: (~~i~ ~._ ~~ ~
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF KEMPES LAKE, BY
DAVID H. KLEIN AND JEAN H. KLEIN, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
WHEREAS, David H Kle~n and Jean H Klein desire maintain an exisbng
bulkhead and install rip-rap and sand within the City's public place located at the rear of 204
Oakengate Turn.
WHEREAS, City Council is authorized pursuant to §§ 15 2-2009 and 15.2-
10 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's public places subject to such terms and conditions as Council may prescribe.
12
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
14
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2107, Code of Virg~nia, 1950, as amended, David H. Klein and Jean H. Klein,
their he~rs, assigns and successors in title are authorized to construct and maintain a
temporary encroachment for maintenance of an existing bulkhead and ~nstallation of rip-rap
and sand ~n Kempes Lake as shown on the map entitled' "PLAN VIEW FOR JEAN H. KLEIN
204 OAKENGATE TURN VA. BEACH, VA 23462 EXHIBITA" a copy ofwhich is on file in the
2 0 Department of Public Works and to which reference is made for a more particular descnpbon,
21 and
22
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
2 3 subject to those terms, condibons and criteria contained ~n the Agreement between the C~ty
24 of Virginia Beach and Dawd H. Klein and Jean H. Klein (the "Agreement"), which is attached
25 hereto and incorporated by reference; and
26
BE IT FURTHER ORDAINED, that the C~ty Manager or his authorized designee
2 7 ~s hereby authorized to execute the Agreement, and
28
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
2 9 brae as David H Kle~n and Jean H. Klein and the C~ty Manager or his authorized designee
execute the Agreement
Adopted bythe Council ofthe City of Virginia Beach, Virginia, on the~day
32 of ,2003.
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,..~RLVED AS TO CONTENTS
t/ S I GNATURE
DE P~~NT
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CA-
PREPARED 6/26/03
PDEJESU/DKLEIN/ORD
APPROVED AS TO LEGAL
SUFFICIENCY
CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811 (a)(3)
AND 58.1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ~*~dayof
,20 ~3 , by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and DAVID
H. KLEIN AND JEAN H. KLEIN, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNE S SETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Lot 50akengate Subdivision, Kempsville District" and being further
designated and described as 204 Oakengate Turn, Virginia Beach, Virginia 23462;
WHEREAS, it is proposed by the Grantee to construct and maintain an existing bulkhead
and proposed rip-rap and sand fill, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary
that the Grantee encroach into a portion of an existing City property known as Kempes Lake "The
Temporary Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment
within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing
orto accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the
City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 1467-60-4803
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 entitled: "Plan View
for: Jean H. Klein 204 Oakengate Turn Va Beach Va
23462," a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department, if applicable.
It is further expressly understood and agreed that the Grantee must obtain and keep
~ in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
'4 or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a
registered professional engineer, if required by either the City Engineer's Office or the Engineering
Division of the Public Works Department.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, David H. and Jean H. Klein, the said Grantees have caused
this Agreement to be executed by their signatures and seal duly affixed. 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.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEA )
ATTEST:
City Clerk
David H. Klein
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,, 20___, by
., CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
20
The foregoing instrument was acknowledged before me this
day of
, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
~ My Commission Expires:
CITY/coUN~'OF .~r'~al~ta.-.~~ to-wit:
The foregoing instrument was acknowledged before me this o?5~day
,200_5, by David H. Klein.
Notary Public
My Commission Expires: S--//~////tY ~
STATE OF ~/~'a/~/3.
CITY/COUNT'iV'OF ~],4/~,~),,~/~ ,~~to-wit:
The foregoing instrument was acknowledged before me this o,7,~ay of~
__,200__~, by Jean H. Klein.
Notary ~ublic ~-/
My Commission Expires:
APPROVED AS TO
LEGAL SUFFIC~Y
CITY ATtORNeY ~
! Rev 07-24-02
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
OHW
,)APo
- ii
R
2.,~ A PO
,00~
pLA M
I I I II
CITY OF VR
STATE
APPLICATION BY
(EMPES
LAKE
LOCATION MAP
ENCROACHMENT
204
FOR
AT
OAKENGATE TURN
SCALE' 1" = 200'
OAKENGATE DGN M J S PREPARED BY PA/V ENG CADD DEPT JUNE 4, 2003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Establish CIP Project #4-043, Back Bay Waterway Access
Improvements, to Accept and Appropriate a $150,000 Federal Grant to This Project, and
to Authorize a Cooperative Agreement for an Access Facility.
MEETING DATE: August 12, 2003
· Background: The Department of Parks and Recreation has been working w~th the U
S F~sh and Wildlife Service (USFWS) at the Back Bay W~ldhfe Refuge to develop a
comprehensive scenic waterway access system The V~rg~n~a Beach Outdoor Plan 2000
Update ~denbfied two s~tes for future waterway access fac~hbes located at USFWS properbes at
Horne Point and Lovitts Landing. USFWS has recently received Federal funding for
~mprovements at the Home Point s~te and has requested the assistance of the C~ty to build the
~mprovements through a cooperabve agreement
· Considerations: The ~mprovements include a small access drive and parking lot for
the Horne Point s~te (see attached plans) USFWS has agreed to provide $150,000 for the ~n~bal
phase of ~mprovements The C~ty would agree to prowde design services as well as contractual
services to build the ~mprovements The Summary of Terms attached hereto sets forth the
basic terms of the cooperabve agreement
C~ty staff has determined that the construcbon of the access ~mprovements at Horne Point w~ll
advance the C~ty's goal of developing a comprehensive scenic waterway access system at Back
Bay and w~ll greatly benefit the ecosystem and the local community
· Public Information: Pubhc Informabon w~ll be handled through the normal agenda
process
· Alternatives:
1 City Provide Des~.qn and Construction Services for USFWS The C~ty would prowde staff
t~me and some ~n k~nd services, however, there ~s no cash contribution cost to the C~ty Th~s
partnership w~ll prowde ~mprovements for the Citizens of V~rg~n~a Beach and assist the USFVVS
~n ~mprov~ng Federal fac~hbes
2 USFWS Provide Design & Construction Services: USFWS could contract for services to
build the improvements at the Home Point Site. However, the design and construcbon
coord~nabon effort for USFWS is coordinated through the regional office in Hadley,
Massachusetts Th~s process ~s generally very brae consuming and not responsive to local
design and s~te ~ssues In addibon, the t~me constraints may cause the Federal Funding
allocabon to be lost to USFWS
· Recommendations: Adopt Alternative 1 Establish a $150,000 project in the Parks
and Recreabon Improvement Program for U. S. Fish and W~ldlife Services Projects Authonze
the C~ty Manager to execute the Cooperabve Agreement with USFWS
Attachments:
Ordinance
Summary of Terms
Draft CIP Project Detail Sheet
Plan for Improvements at Horne Point
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation
City Manage~ ~-~. ~ t ~13'~
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7
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9
10
AN ORDINANCE TO ESTABLISH CIP
PROJECT #4-043, BACK BAY WATERWAY
ACCESS IMPROVEMENT, TO ACCEPT AND
APPROPRIATE A $150,000 FEDERAL
GRANT TO THIS PROJECT, AND
AUTHORIZE A COOPERATIVE AGREEMENT
FOR AN ACCESS FACILITY
WHEREAS, the City of Virginia Beach ("City") received a
11 $150,000 federal grant from the U. S. Fish and Wildlife Service
12 to design and construct a waterway access facility in the Back
13 Bay Wildlife Refuge; and
14
WHEREAS, the Virginia Beach Outdoors Plan 2000 Update
15 identified two properties owned by the U. S. Fish and Wildlife
16 Service, including Horne Point, as potential sites for waterway
17 access.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA'
20
1. That CIP Project #4-043, Back Bay Waterway Access
21 Improvements, is hereby established.
22
2. That a $150,000 grant is hereby accepted from the U.S.
23 Fish and Wildlife Service and appropriated to CIP Project #4-
24 043, Back Bay Waterway Access Improvements, with estimated
25 federal revenue increased accordingly.
26 3. That the City Manager is hereby authorized to execute
27 a Cooperative Agreement between the U. S. Fish and Wildlife
28 Service and the City for access improvements at Horne Point.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia on the
day of , 2003.
31
32 CA8963
33 Data/aty/ordin/noncode/usfws ORD.doc
34 R-3
35 July 24, 2003
36
37
38 Approved as to Content
39
42 Department of t
43 Services
Approved as to Legal
Sufficiency
Department of ~L~w
SUMMARY OF TERMS
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND THE U.S. FISH AND WILDLIFE SERVICE
FOR THE CONSTRUCTION OF A
WATERWAY ACCESS FACILITY
AT HORNE POINT IN BACK BAY
PROJECT
LOCATION:
PROJECT
FUNDING:
Home Point in the Back Bay Wildlife Refuge
$150,000 federal grant to be provided to the City by the USFWS
TERM:
Five years, but may be extended by mutual consent. The Agreement may
also be terminated by either party with 30 days prior written notice.
RESPONSIBILITIES
OF THE CITY:
Provide and coordinate construction activities, engineering and contract
services, and provide in-kind services to be determined on a project-by-
project basis.
RESPONSIBILITIES
OF USFWS: Provide funding for the Project and monitor construction activities to insure
consistency with site plans.
SPECIAL TERMS
AND CONDITIONS:
If ProJect costs exceed the $150,000 grant, the Agreement will be contingent
upon Congress making an appropriation for such additional expenditures. If
the City is requested to provide funds to cover such excess costs, the
Agreement is conditioned upon City Council appropriating such funds. In the
event either appropriation is not made by either party, the part~es release each
other from all liability for failure to perform due to failure to make such
appropriation.
City of Virginia Beach, Virginia
Draft Project
Project # and Title: 4-043 Back Bay Waterway Access Improvements
Responsible Dept.: Undefined I Business Area: Undefined
Total Total Budget Upa_a_~ro.D iated Subseouent Years Future
Programmed Appropriations Year I Year 2 Year 3 Year 4 Year 5 Year 6 Funding
Funds To Date FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09 Requirement
i 0 150,000i 0 0 0 0 0 0
Th~s project ~s to provide the procurement of design and construcbon serwces for the development or renovation of fac~hbes
located on properbes owned by the U S F~sh and W~ldhfe Services (USFWS) primarily related to the Back Bay W~ldhfe
Refuge The project ~s supported by Federal Funding and managed through a Cooperative Agreement between USFWS and
the C~ty of V~rg~n~a Beach The first phase of ~mprovements to be built by th~s project ~s waterway access ~mprovements
(parking and access road) at Horne Point, property owned by USFWS in V~rg~ma Beach
The U S F~sh and WiIdhfe Serwce has an extensive amount of properties m the City of V~rg~n~a Beach which prowde w~ldhfe
habitats, natural area preservabon, and recreabonal amembes The USFWS and the C~ty have partnered to prowde
~mprovements which have considerable benehts to residents and ws~tors to V~rg~nla Beach This project prowdes the
funding source for the improvements which are built by the C~ty of V~rgmla Beach w~th the support of Federal funding
Th~s project was new ~n August 2003
Basis for Estimate FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 FY 2008-09
o 0 o 0 o 0
Activity From - To Amount I=undin¢~ Source Amount
Construction 09/03-06/04 1.~i3;~3(~f} Total Programmed Financing 0
Total Budgetary Cost Estimate 150,000 Future Fund;ng Requ;rements 150,000
Total Non-Programmed Costs 0
Total Programmed Costs 150,000
F~scal Year 2003-04 Parks and Recreation
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE:
Ordinances Pertaining to the Compensation of the City Manager,
City Attorney, City clerk and City Real Estate Assessor
August 12, 2003
· Background:
Pursuant to § 2-89 of the City Code, the direct appointees of City Council (£e., the
City Manager, City Attorney, City Clerk, and City Real Estate Assessor) "shall have
their salaries and benefits determined annually by action of city council." Section 2-
89 further provides that "[t]he effective date of such salaries and benefits shall be
determined by the council."
Considerations:
The attached four (4) ordinances increase the salaries and certain benefits of the
City Manager, City Attorney, City Clerk, and City Real Estate Assessor, with the
salary increases taking effect on their respective anniversary dates.
· Attachments:
Ordinances (4) pertaining to the compensation of the City Manager, City Attorney,
City Clerk, and City Real Estate Assessor.
Recommended Action:
Submitting Department/Agency:
City Manager:
F XDataXATY~Ord]nhNONCODE\compensat~onarf wpd
10
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17
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AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY MANAGER
WHEREAS, City Council has evaluated the performance of
the City Manager; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Manager's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective December 1, 2003, the salary of the City
Manager is hereby increased from $173,052.00 annually to $179,368
annually; that, effective July 1, 2003, the City's contribution to
the City Manager's deferred compensation plan is hereby increased
from $11,000 annually to $14,000 annually; that the caz allowance
of the City Manager remains $10,000 annually; and further, that
effective September 1, 2003, the City will pay up to $2,684 on
behalf of the City Manager in premiums for lonq term care
insurance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
22
23
24
25
CA-8977
ORDIN\NONCODE\salarymanager.wpd
August 8, 2003
RI
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY ATTORNEY
10
11
12
13
14
15
16
WHEREAS, City Council has evaluated the performance of
the City Attorney; and
WHEREAS, based upon this evaluation, City Counci'l has
determined that an increase in the City Attorney's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 1, 2003, the salary of the City
Attorney is hereby increased from $156,828 annually to $169,368
annually; that, effective July 1, 2003, the City's contribution to
the City Attorney's deferred compensation plan is hereby increased
from $11,000 annually to $14,000 annually; and further, that the
car allowance of the City Attorney remains $6,000 annually.
17
18
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
CA-8976
ORDIN\NONCODE\salaryattorney.wpd
August 8, 2003
R1
10
11
12
13
14
15
16
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY REAL ESTATE
ASSESSOR
WHEREAS, City Council has evaluated the performance of
the City Real Estate Assessor; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Real Estate Assessor's
compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective March 1, 2004, the salary of the City Real
Estate Assessor is hereby increased from $91,285 annually to
$97,315 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
CA-8978
ORDIN\NONCODE\salaryas sessor, wpd
R-1
August 8, 2003
R1
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
10
11
12
13
14
15
16
WHEREAS, City Council has evaluated the performance of
the City Clerk; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Clerk's compensation would
be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 16, 2003, the salary of the City
Clerk is hereby increased from $75,710 annually to $80,710
annually, and the City Clerk's car allowance remains $4,200
annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
17
18
19
20
CA-8979
ORDIN\NONCODE\salaryclerk.wpd
August 8, 2003
RI
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appropriation Request for the MHIMR/SA Department
MEETING DATE: August 12, 2003
· Background:
The Mental Health Department has received the following revenues that have not yet
been appropriated:
o $91,406 in federal grant funds through the State Department of Criminal
Justice Services for a Young Juvenile Offender Initiative Grant that includes
funding for an additional FTE;
o $4,400 in one-time federal Substance Abuse Residential grant funds;
o $156,497 additional federal funds for early intervention services;
o $5,000 in one-time State general funds;
o $79,095 additional State funds for Mental Retardation services; and
o $4,750 in donated gift funds.
· Considerations:
The above-mentioned federal, State and gift funds are not included in the Department's
FY 2003-04 Operating Budget and thus have not yet been appropriated. No additional
City funds are required.
· Public Information:
Uses of the additional revenue have been discussed at public meetings and approved
by the Community Services Board at its regular meeting on July 31, 2003. All other
public information will be handled through the normal Council agenda process.
· Alternatives:
These additional funds w~ll allow the Department to meet pressing service needs. No
funding alternatives are available to meet these needs.
· Recommendations:
It is recommended that City Council approve the following:
o Appropriation of $91,406 in federal grant funds, including funding for one
additional FTE, to provide in-home services for multi-problem families referred
from Juvenile court with children adjudicated by age 14.
o Appropriation of $4,400 in one-time federal grant funds to pay for additional
placements into Serenity House, the regional residential substance abuse
treatment facility.
o Appropriation of $131,217 federal grant one-time award and a $25,280
increase in on-going federal funds for early intervention services for infants
age 0-3.
Appropriation of $5,000 in one-time State general funds to perform
aggressive outreach to chemically dependent postpartum women in the
Substance Abuse Project Link grant program.
Appropriation of $79,095 in State general funds to provide day support
services to ten Special Education graduates at the SkillQuest mental
retardation program.
Appropriation of $4,750 in community donations to mental health and
substance abuse services to help mothers with young children to pay security
deposits and other expenses.
· Attachments:
Ordinance.
Federal grant award letters.
Recommended Action:
Submitting Department/Agency: MHIMR/SA
City Manage~~
Data/aty/ordin/noncode/Mental Health AppropARF.doc
10
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $95,806 IN FEDERAL GRANT
FUNDS AND APPROPRIATE $245,342 FROM
OTHER FUNDING SOURCES IN THE
MH/MR~SAS SPECIAL REVENUE FUND TO
THE FY 2003-04 OPERATING BUDGET OF THE
MH/MR/SAS DEPARTMENT TO PROVIDE
INCREASED SERVICES TO CLIE~S
WHEREAS, the Virginia Beach Department of Mental Health, Mental RetardaUon, and
11
12
Substance Abuse Services ("MH/M1USAS") has $341,148 in funding available that may be
appropriated by the City Council to provide enhanced services to clients
13
14
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
15
1 That $91,406 in federal grant funding is accepted and appropriated to the FY
16 2003-04 Operating Budget of the MH/MR/SAS Department to provide in-home services for
17 families referred from the Juvenile and Domestic Relations court
18
2 That $4,400 in federal grant funding is accepted and appropriated to the FY 2003-
19 04 Operating Budget of the MH/MR/SAS Department for the purchase of substance abuse
20 services
21
3 That $4,750 in donations is hereby accepted and appropriated to the FY 2003-04
22 Operating Budget of the MH/MR/SAS Department to provide increased services to clients
23
24
4 That $240,592 in additional revenue is hereby appropriated to the FY 2003-04
Operating Budget of the MHJMR/SAS Department to provide increased services to clients, with
25 the sources of this appropriation to be as follows
26
(a) $156,497 in additional federal revenue,
27
(b) $84,095 in additional state revenue
28
29 5 That the number of positions an the MI-I/MR/SAS Department is hereby increased
30 by 1 00 for a full-tame climcian position, however, this grant-funded posit~on may be ellmanated
31 after the funding has been expended
32
6 That, in the FY 2003-04 operating budget, estimated revenue is hereby increased
33 as follows
34
(a) federal grant revenue by $95,806,
35
(b) other federal revenue by $156,497,
36
(c) state revenue by $84,095, and
37
(d) revenue from donations by $4,750
38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
39 2003
,
40 CA8967
41 DataYaty/ordin/noncode/Mental Health Approp ORD doc
42 July 31, 2003
43 R-2
44 APPROVED AS TO CONTENT
48
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's ~ '
Terry S. Jenkins, Ph.D., Executive Dizector
Virginia Beach Department of MH/MR/SAS
297 Independence Boulevard- Suite 208
Virginia Beach, VA 23462-2891
Dear Dr. Jenkins:
Telei~a~e ({04) 756-3921
V,,i, acruD ($oa) ~?t
The Department of Mental Health, Mental Retardation and Substance Abuse Services is
pleased to inform you that an additional $4,400 m Substance Abuse Residential Purchase of
Services (SAR.POS) funds is being made available to the Virginia Beach Department of
MH/MR/SAS on a one-time basis. These additional funds will not increase the allocation to your
board for the next fiscal year. The amount should bc included on Form 5, One-time Grants in the
Revised Performance Contract and Report. These funds must be expended by September 30,
2003. These funds will be sent on payment #23.
If you have any questions regarding this matter, please contact Janice Jordan at (804) 371-
0742.
/ltb
Ken Batten
Janice E. Jordan
Rosanna Roberts
Nancy Ford
William Russell
Sincerely,
James S. R¢inhard, M.D.
//
Leonard G Cooke
Director
COMMONWEALTH o[ VIRI INIA
Department of Cr~minal Justice Services
June 26, 2003
805 East Broad Street, Tenth Floor
Richmond, Vwgmia 23219
(804) 786-4000
FAX (804) 371-8981
TDD (804) 386-8732
Mr /ames K. Spore
City Manager
City of Virginia Beach
Municipal Center
Building 1
Virginia Beach, Virginia 23456
Title: Young Juvenile Offender Initiative
Dear Mr. Spore:
I am pleased to advise you that grant number 04-A4273JJ03 for the above-referenced grant program has been
approved for a total award in the amount of $91,406 in Federal Funds.
Enclosed you will fred a Statement of(3rant Award and a Statement of Grant Award Special Conditmns. To indicate
your acceptance of the award and conditions, please sign the award acceptance and letum it to Janice Waddy, Grants
Administrator, at the Department of Crtminal Justice Services (DCJS) Please review the conditions carefully; as some
require action on your part before we will disburse grant funds
When we receive documentation showing that you have complied w~th the conditions, you will be eligible to request
funds awarded under this grant. A REQUEST FOR FUNDS form is also included with this letter and should be used for
this purpose. You may request funds at the same time you submit the documentation of compliance with the grant
conditions or at any time thereafter However, we cannot process your request until we have received and approved all
required information
We appreciate your interest m this grant program and will be happy to assist you in any way we can to assure your
project's success. If you have any questions, please call Nancy Bacot at (804) 786-4862.
Yours very truly,
Leonard G. Cooke
Enclosures
cc Mr. Wflham R. Butler, Clinical Services Coordinator
Ms Patricia A Phillips, Finance Dtrector
Nancy Bacot, DCJS
Cnmma! Jus~ce Set. ce Board - CommA'tee on Tra~r~ng · Juver~le Just~..e acd Dehr~uencv Preve~on Ad~sory Comm~tee
Ad~.~:~y Comm~lee to Court Apl:orated Spec,al Advccate and Ch,idren s Jusbce Act Pm)grams
Pnvale Securm/Ser~ces Adv~s0~¥ Board * Cnmlnal Jus~c-~ IrY/ormalK)n Symems Commrtlee
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolubon Approving the Issuance of Multi-Famdy Hous,ng Bonds
(CP Atlantic, L.P. - Atlantis Apartments ProJect)
MEETING DATE: August 12, 2003
· Background:
·
The C~ty of V~rg~n~a Beach Development Authonty has considered the request of CP
Atlanbc, L P, a Cal~forma I~m~ted partnership (the "Borrower"), for the ~ssuance of the Authonty's
Mulb-Fam~ly Res~denbal Housing Bonds ~n an amount not to exceed $5,500,000 (the "Add~bonal
Bonds") and has agreed to assist the Borrower ~n refunding $7,500,000 pnnc~pal amount of ~ts tax-
exempt Mulb-Famdy Housing Revenue Bonds (Atlanbs Apartments Project) Senes 2003 (the
"Ong~nal Bonds" and, together w~th the Additional Bonds, the "Add~bonal Bonds"), all to assist ~n
financing of the Borrower's acqu~s~bon, renovation and equipping of a 208 umt mulb-famdy housing
project (all ~mprovements and land being collectwely referred to as the "ProJect") located at 999
Atlanbs Drive, V~rg~ma Beach, V~rgm~a
· Considerations:
·
The matter comes before Council for ~ts approval pursuant to Secbon 15 2-4906 which
requires the mun;c~pal;ty on behalf of whmh the bonds of an authonty are ~ssued to e~ther approve
or d~sapprove any financing recommended by such authonty w~th~n s;xty (60) days of the date of
the authonty's pubhc heanng
· Public Information:
·
The request was duly advertised for a pubhc heanng on June 17, 2003 before the Authonty
~n accordance w~th the requirements of Secbon 15 2-4906 of the State Code
· Alternatives:
·
Not Approve
Recommendations:
Approval
· Attachments:
IDP Submission to Councd
Nobce of Public Hearing
Record of Public Hearing
Development Author~ty's Resolubon
D~sclosure Statement
Author~ty's Statement
F~scal Impact Statement
Summary Sheet
Letter from Department of Economic Development dated June 16, 2003
Resolubon for C~ty of V~rg~n~a Beach
Locabon Map
APPROVAL ~
Submitting Department/Agency: Deve~~pm'ent Authority Gary L. Fentress~of Counsel
City Manager: ~ ~._,~~
F \Data~,TY~Forms\DEVAUTH\BOND\WORK\ca8935 agd
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
APPROVING THE ISSUANCE OF
MULTIFAMILY HOUSING BONDS
WHEREAS, the C~ty of V~rg~ma Beach Development Authority (the "Authority"), has
considered the apphcat~on of CP Atlantic, L P, a Cahforma hm~ted parmersh~p (the "Borrower") for the
~ssuance of the Authonty's mult~famdy housing revenue bonds ~n an amount not to exceed $5,500,000
(the "Additional Bonds") and has agreed to assist the Borrower, by ~ssmng bonds (the "Refunding Bonds"
and, together w~th the Additional Bonds, the "Bonds"), ~n refunding $7,500,000 pnnc~pal amount of ~ts
tax-exempt Mult~famflv Housing Revenue Bonds (Atlantis Apartments ProJect) Series 2003 (the
"Original Bonds"), all to assist ~n the financing of the Borrower's acqms~t~on, renovation and eqmpp~ng
of a 208-umt mult~famdy housing project (all ~mprovements and land bmng collectively referred to as the
"ProJect") located at 999 Atlantis Drive, V~rg~ma Beach, V~rg~ma, and held a pubhc heanng on June 17,
2003, and
WHEREAS, the Authority has requested the C~ty Councd (the "Councd") of V~rgnma Beach,
Vlrg~ma (the "C~ty"), to approve the ~ssuance of the Bonds to comply with Section 147(0 of the Internal
Revenue Code of 1986, as amended (the "Internal Revenue Code"), Section 15 2-4906 of the Code of
Vlrg~ma of 1950, as amended (the "V~rg~ma Code"), and other apphcable laws of the Commonwealth of
V~rg~ma (the "Commonwealth"), and
WHEREAS, pursuant to Section 15 2-4906, Code of V~rg~ma, 1950, as amended, a copy of the
Author~ty's resolution approwng the issuance of the Additional Bonds and the refunding of the Original
Bonds, subject to terms to be agreed upon, and a ~easonably detailed summary of the comments expressed
at the pubhc heanng, ~f any, have been filed xv~th the C~ty Counml of the C~ty of V~rg~ma Beach, V~rg~ma,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
1 The Council of the C~ty of V~rg~ma Beach, V~rg~ma, approves the issuance of the Bonds
by the C~ty of V~rg~ma Beach Development Authority, m a pnnc~pal amount not to exceed $13,000,000,
all for financing the acqms~t~on, renovation and eqmpp~ng of the Project for the benefit of the Borrower,
to the extent reqmred by Section 147(0 of the Internal Revenue Code, Section 15 2-4906 of the V~rg~nxa
Code and other apphcable laws of the Commonwealth, to permit the Authority to assist ~n the financing
of the ProJect.
2 The approval of the ~ssuance of the Additional Bonds, as reqmred by the Internal
Revenue Code and the V~rg~ma Code, does not constitute an endorsement of the Bonds or the
credltwortinness of the Borrower, but, pursuant to Chapter 643, V~rg~ma Acts of Assembly of 1964, as
amended, the Bonds shall prowde that neither the City nor the Authority shall be obhgated to pay the
Bond or the ~nterest thereon or other costs ~nc~dent thereto except from the revenues and moneys pledged
therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the C~ty or the
Authority shall be pledged thereto
3 In approwng the Resolution, the C~ty of V~rglma Beach, ~nclud~ng ~ts elected
representatives, officers, employees and agents, shall not be hable and hereby &sclmms all habfl~ty for
any damages to any person, d~rect or consequentml, resulting from (1)the Authonty's failure to issue
bonds for the Project for any reason, ~nclud~ng but not hrmted to any decm~on by the Authority ~n ~ts sole
discretion to allocate ~ts allowable private activity bond hm~t to one or more other projects, or (2)the
Authonty's failure for any reason after the ~ssuance of the Addmonal Bonds for the ProJect to allocate
any further port~on of ~ts allowable private act~wty bond hm~t to the Project ff the l~suance of tax-exempt
bonds by the Authority ~s restricted by any State or Federal statute now or hereafter enacted
2 of 3
4 Th~s Resolution shall take effect lmmed~ately upon ~ts adoption
Adopted by a majority of a quorum of the Council of the City of V~rg~ma Beach, V~rg~ma, on
August 12, 2003
I certify the foregoing to be a true and correct copy of a resolution adopted by the,' C~ty Councd of
the C~ty of V~rglma Beach, V~rg~ma, at a regular meeting held on August 12, 2003
Clerk
APPROVED AS TO
LEGAL SUFFICIENCY
3 of 3
ATLANTIS APARTMENTS
Virginia Beach, Virginia
~?
VIRGINIA
BEACH
?)e~/elopment/~,t thol
222 Central Park Avenue, Suite 1000
Vlrgmm Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Web,rte www vbgov corn
June 17, 2003
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re:
Atlantis Apartments Project
Revenue Bonds Series 2003
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with project Atlantis Apartments Project located at
999 Atlantis Drive, Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing IS attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of V~rglnla
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for ItS approval as a benefit for the City of
V~rglnia Beach and its recommendation that City Council approve the modification of the bonds
described above ~s attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Oberndorf, Mayor
Members of C~ty Council
June 17, 2003
Page 2
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the ProJect and the principals.
(6) Attached as Exhibit H is a letter from the appropriate C~ty department commenting on
the Project.
Very truly yours,
RGJ/GLF/rab
Enclosures
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
The Virginian-Pilot
EICHNER & NORRIS PLLC
1225 19TH STREET, N W , 7
WASHINGTON DC 20036
REFERENCE' 10228144
10375019 NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
This day, D. Johnson personally appeared before me
and after being duly sworn, made oath that-
1) She is affidavit clerk of The Virginian-Pilot,
a newspaper published by Landmark Communications
Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk, and Virginia Beach, Common-
wealth of Virginia and in the state of North
Carolina 2)That the advertisement hereto annexed
has been published in said newspaper on the date
stated
PUBLISHED ON' 06/02 06/09
TOTAL COST: 515.28 AD SPACE 76 LINE
FILED ON: 06/13ZO3 . ,
~ !~ant ..... I~J~ 3 .~ !9~7~_ +
,
Sub~r~bed and s~o~n to b~fc~r~-wae in my city and state on the day and year
afore<aye this _h y
Not~~~~~~~mmission expires January 31, 2004
NOTICE OF PUBUC HEARING ON PROPOSED
MULTIFAMILY HOUSING BOND FINANCING
OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
, Nobce ;s hereby g~ven that the City of V~rgmm Beach Development
:Authonty (the 'JAuthonty") Wdl hold a pubhc heanng on the application
'of CP Atlantic, L P (the "Borrower") the address of wh ch s CP Arian-
bc, L P, c/o Atlantis-Mmhaels, LLC, 1 East Stow Road, Madton, NJ
:08053 for the Authonty to issue, pursuant to Chapter 643 of the Wr
g~ma Acts of Assembly of 1964, as amended (the 'Act"), up to
,$5,500 000 of its tax-exempt and/or taxable mulbfam~ly housmi[ rev
enue bonds and to reissue ~ts Mult~fam y Housing Revenue Bonds
i(Atlant~s Apartments ProJect) Seres 2003 in the aggregate pnnclpal
iamount of $7,500,000 (collectively, the "Bonds") to assist the Bor
!rower ~n the acqu~s t on, rehabilitation and equ ppmg of a 20~-umt mul
!bfamlly housing project located at 999 Atlantis Drive m V ri[ n a Beach,
Wg ma (the ' ProJect } The pubhc heanng, which may be conbnued or
adjourned wdl be held at 8 30 a m on June 17 2003, before the
,Authonty, at the Authonty s offide, 222 Central Park Avenue, Wri[m~a
~ Beach, V~rg~ma As reqmred by the Act, the Bonds w~ll not pledi[e the
~cred~t or the taxing power of the City of V~rglma Beach V~r~ma or the
i Authonty, but w~ll be payable solely from revenues denved from the
Borrower and pledi[es thereof Any person interested ~n the Issuance
of the Bonds or tile location or nat.are of the proposed project may
appear and be heard A copy of the Borrower's apphcat~on ~s on file
and ~s open for inspection at the Autlmnty s office at 222 Central Park
Avenue, Wrglnla Beach, V~rglma, during business hours
The pubhc heanng ~s being held pur,,uant to the requ rements of Sec
hon 147(0 of the Internal Revenue Code of 1986 as amended regard-
mg the pubhc approval pre-requmlte to the excus on from ros
income for federal income taxation purposes of ~nterest on the Bg~nd:
and Section 15 2-4906 of the V~rg~ma Code of 1950 as amended
Any persen interested in the issuance of the Bonds or the Project may
appear and be heard
VP June 2 and June 9, 2003 10375019
My Commission Expires January 31, 2004
EXHIBIT A
NOTICE OF PUBLIC HEARING ON PROPOSED
MULTIFAMILY HOUSING BOND FINANCING
OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority")
w~ll hold a public hearing on the application of CP Atlantic, L P. (the "Borrower") the address of which ~s
CP Atlantic, L P, c/o Atlantis-Michaels, LLC, 1 East Stow Road, Marlton, NJ 08053, for the Authority
to issue, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), up to
$5,500,000 of its tax-exempt and/or taxable mult~farnlly housing revenue bonds and to reissue ~ts
Multlfamily Housing Revenue Bonds (Atlantis Apartments ProJect) Series 2003 in the aggregate principal
amount of $7,500,000 (collectively, the "Bonds") to assist the Borrower in the acquisition, rehablhtat~on
and equipping of a 208-unit multifamily housing project located at 999 Atlantis Drive m Virginia Beach,
V~rgmia (the "ProJect") The pubhc hearing, which may be continued or adjourned, will be held at 8 30
a m on June 17, 2003, before the Authority, at the Authorlty's office, 222 Central Park Avenue, Virginia
Beach, Virginia. As required by the Act, the Bonds will not pledge the credit or the taxing power of the
City of' Virginia Beach, Virginia, or the Authority, but will be payable solely from revenues derived from
the Borrower and pledges thereof. Any person interested in the issuance of the Bonds or the location or
nature of thc proposed project may appear and be heard A copy of thc Borrower's application ~s on file
and ~s open for inspection at the Authority's office at 222 Central Park Avenue, V~rgm~a Beach, V~rgm~a,
during business hours
The pubhc hearing is being held pursuant to the requirements of Section 147(0 of the Internal
Revenue Code of 1986, as amended regarding the pubhc approval pre-requisite to the exclusion from
gross ~ncome for federal ~ncome taxation purposes of interest on the Bonds and Section 15 2-4906 of the
Virginia Code of 1950, as amended Any person interested in the ~ssuance of the Bonds or the ProJect
may appear and be heard
EXHIBIT B
City of Virginia Beach Development Authority
Record of Public Hearing on June 17, 2003
(Atlantis Apartments Project)
The chairman of the City of Vlrgania Beach Development Authority (the "Authority") announced
the commencement of a public hearing on the request of CP Atlantic, L P (the "Borrower"), and that a
notice of the hearing was published once a week for two consecutive weeks In the Virginian Pilot, a
newspaper having general circulation in the City of VargIma Beach, Virginia Such public hearing was
held not less than six days and not more than 21 days after the second notace appeared an such newspaper
A copy of the notice and certificate of publication of such notice have been filed with the records of the
City Council of the City of Virginia Beach
The following individuals appeared and addressed the Authority at such public hearing
Matthew J Blssonette, an attorney with Elchner & Norris PLLC appeared on behalf of the
Borrower Mr Blssonette gave a brief description of the proposed financing and explained that the
proposed issuance of the bonds (the "Bonds") would be used to assist the Borrower in financing the
acquisition and renovation of Atlantis Apartments in the City of Virginia Beach and that the tax exempt
portion was necessary to obtain significant low income housing tax credits under Sectaon 42 of the Code
This approval is being requested at this tame and as required by the Internal Revenue Code Mr
Blssonette further outlined certaan benefits anuring to the City of Varganaa Beach and its cttIzens including
the nonrecourse nature of the financing and the amount of the proposed rehabilitation In addition, Mr
Blssonette and Authority staff pointed out that the enhancement of Atlantis Apartments will assast the
Caty in attracting and retaanang busaness and industry as quality rental housing opportumtaes for low and
moderate income persons are an important criterion to businesses when considering whether to relocate or
to stay an a particular locality
No other persons appeared to address the Authority, and the chairman closed the public hearing
The Authority hereby recommends that the City Council of the City of Vlrglma Beach, Vlrglma
approve the issuance of the proposed financing and hereby transmits the Fiscal Impact Statement to the
City Council of the City of Virginia Beach and asks that this recommendation be received at ItS next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing
EXHIBIT C
RESOLUTION OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE
BONDS (ATLANTIS APARTMENTS PROJECT) SERIES 2003
WHEREAS, the C~ty of Vlrglma Beach Development Authority (the "Authority") is a pohhcal
subdlws~on of the Commonwealth of V~rg~ma (the "Commonwealth"), duly created pursuant to Chapter
643 of the V~rg~nla Acts of Assembly of 1964, as amended (the "Act"); and
WHEREAS, pursuant to the Act, CP Atlantte, L.P., a Cahfornia limited partnership (the
"Borrower"), has requested that the Authority issue ~ts tax-exempt and taxable Mult~famfly Housing
Revenue Bonds (Atlantis Apartments) Series 2003 (the "Additional Bonds") to finance, in part, the
acqmslhon, rehablhtat~on and eqmpplng of a 208-unit apartment development (the "Project") located on
an approximately 14 acre parcel of land located at 999 Atlantis Drive, Virginia Beach, Vlrglma and
occupied in part (at least 40%) by persons of low or moderate income in order for the ProJect to quahfy as
a "quahfied residential rental project" within the meaning of Sechon 142(d) of the Code (here~naRer
defined); and, the Borrower has requested that the Authority Issue the Bonds and make a loan of the
proceeds thereof to the Borrower for the purpose of makang funds available to acqmre and rehabilitate the
Project; and
WHEREAS, on April 7, 2003, the Authority issued $7,500,000 pnnclpal amount of its tax-
exempt MultlfamHy Housing Revenue Bonds (Atlantis Apartments Project) Series 2003 (the "Original
Bonds" and, together w~th the Additional Bonds, the "Bonds") to finance a port~on of the acqms~t~on,
rehablhtatlon and equipping of the Project; and
WHEREAS, the Authority has found and determined that (a)there ~s a s~gmficant shortage of
affordable, sanitary and safe res~dentlal rental property ~n the C~ty of Vlrg~ma Beach, Virginia (the
"City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the
financing of the Project and the acquisition, rehabilitation and equlppmg of the Project by the Borrower
will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience
or prosperity, and will be consistent w~th the general pm-poses of the Authority and the Act; and
WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36-4.1 of the
Code of Virginia of 1950, as amended; and
WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of
public hearing to be pubhshed ~n the Vlrglman-Pllot, a newspaper of general mrculatlon in the City of
Vlrglma Beach, Vlrglma, and has this date held a pubhc hearing, all ~n accordance wath the provlstons of
§ 147(f)(2) of the Internal Revenue Code of 1986, as amended, and the regulatmns, ruhngs and
proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15 2-4906, Code of
Vlrglma, 1950, as amended, and other applicable laws of the Commonwealth
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY'
1. The Authority hereby agrees to assist the Borrower to finance the acqms~tmn.
rehabilitation and eqmpplng of the ProJect and, in particular, to undertake the ~ssuance of the Additional
Bonds in an amount not to exceed $5,500,000 and the refunding of the Original Bonds upon the terms and
conditions to be mutually agreed upon between the Au-thonty and the Borrower, and to loan the proceeds
of such Bonds (the "Loan") to the Borrower for the purpose of financing the ProJect The Loan will be
made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be ~ssued
and secured pursuant to an indenture of trust or similar document whmh will provide for the precise
principal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds will
bear and the denomination, form and other terms of the Bonds, and will secure the Bonds by an
assignment of all the Authonty's rights to the Loan, together with the proceeds thereof, and the security
therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues
pledged thereto pursuant to the indenture.
2. It hamng been represented to the Authority by the Borrower that it 1s necessary to
proceed immediately with the financing of the ProJect, the Authority hereby agrees that the Borrower may
proceed w~th plans for such financing, enter into contracts for such financing of the Project and take such
other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed
to authorize the Borrower to obligate the Authority in any manner whatsoever, including the payment of
money or the performance of any acts in connection with the Project. The Authority agrees that the
Borrower may be reimbursed from the proceeds made available from the issuance of the Additional
Bonds for all costs incurred by it after the effective date of this inducement resolution in connection w~th
the financing of the acquisition, rehabilitation and equipping of the Project only to the extent permitted
under Section 103 of the Code and the Act
3. The Authority hereby agrees to the Borrower's designation of the firm of Eichner &
Norris PLLC, Washington, D C., as Bond Counsel ("Bond Counsel") and hereby appoints such firm to
supervise the proceedings and approve the issuance of tine Bonds.
4. All costs and expenses ~n connection wath the financing of the acqms~taon, rehabilitation
and eqmpplng of the ProJect, including fees and expenses of Bond Counsel, Counsel to the Authority and
the Authority, shall be paid at the direction of the Borrower from the proceeds made available from the
~ssuance of the Bonds or from other funds of the Borrox~rer. If for any reason the Bonds are not issued, it
is understood that all such fees and expenses shall be prod by the Borrower and that the Authority shall
have no responsiblhty therefor.
5. In adopting this inducement resolution authorizing the issuance of the Bonds, the
Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for
its expenditures with respect to the ProJect, as contemplated by Treasury Regulations 1150-2
promulgated pursuant to the Internal Revenue Code of 1986, as amended.
6. The Authority shall perform such other acts and adopt such further proceedings as may
be required to implement its undertakings as herein set forth. Prior to the ~ssuance and dehvery of the
Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approving (a) the
~ssuance of the Additional Bonds, and (b) such other documents as may be necessary ~n the opinion of
Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the
Authority.
7 The Authority hereby recommends that the Caty Council of the City of V~rglma Beach,
Virginia approve the issuance of the Bonds and directs the Chmr of the Authority to transmit the Fiscal
Impact Statement and a copy of this Resolution to the C~ty Council of the City of Varglnla Beach
8 The proper representative of the Authority ~s hereby authorized and directed to transmit
this recommendation to the City Council of the City of V~rgm~a Beach at ~ts next available regular
meeting at which an approval resolution can be properly placed on the Council's agenda for
considerat~on.
9 The proper representative of the Authority ~s hereby authorized and d~rected to execute
and dehver to the V~rg~ma Small Bus~ness F~nanmng Authority an apphcatmn for the allocat~on of
volume cap for tax exempt bonds to satisfy the reqmrements of Section 146(0 of the Code.
10. This Resolution shall take effect ~mmed~ately upon ~ts adoption. If the Bonds are not
~ssued within one (1) year of the date of adoption of this Resolution, this Resolution shall be void and of
no further effect.
11. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower
wath respect to the appointment of an agent or underwriter for the sale of Bonds or a purchaser of the
Bonds in a private placement pursuant to terms to be mutually agreed upon.
ADOPTED: June ~__~, 2003
[SEAL)
Chalr~o' pment
1~ ,~,~',,aXo, ex~x SecYetary
Authority
The undersigned Secretary of the C~ty of Vlrg~ma Beach Development Authority hereby certifies
that the foregoing as a true, correct, and complete copy of a Resolution a49pted by the Authorlty's
commissioners present and votang at a meeting duly called and held on June [_'~_,~003, in accordance with
law, and that such Resolution has not been repealed, revoked, rescinded, or amended, but as in full force
and effect as of the date hereof.
WITNESS my hand and the seal of the Authority this \~" day of June, 2003.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By'
b b',b~r.x.e,.'k Secretary
EXHIBIT D
DISCLOSURE STATEMENT
Date' July 17, 2003
Apphcant's Name(s) CP ATLANTIC, L. P., a California limited partnership
All Owners (~dtfferent from apphcant):
Type of Apphcataon:
Rezomng. From
Conditional Use Permit'
Street Closure:
to
Subdivision Variance:
Other' Bond Issue
The following as to be completed by or for the Apphcant:
1. If the apphcant as a CORPORATION, hst all the officers of the Corporataon:
2. If the apphcant ~s a PARTNERSHIP, FIRM or other Unincorporated Orgamzataon, hst all
members or partners in the organization:
Atlantis- Michaels, LLC, General Partner
The following ~s completed by or for the Owner Of d~fferent from the apphcanO
1. If the apphcant is a CORPORATION, hst all the officers of the Corporataon:
2. If the apphcant is a PARTNERSHIP, FIRM or other Umncorporated Orgamzat~on, hst all
members or partners ~n the orgamzat~on:
CP ATLANTIC, L.P.,
a California limited partnership
By:
Atlantis - M~chaels, LLC,
ats General Partner
By.
Machael J. Lewtt,
its Sole Member and
VIRGINIA
BEACH
EXHIBIT E
V~gm~a Beach
Development Author tty
222 Central Park Avenue, State 1000
V~rg~ma Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Web~tte www vbgov com
CITY OF VIGINIA BEACH DEVELOPMENT AUTHORITY
UP TO $5,500,000 MULTIFAMILY MORTGAGE REVENUE BONDS
MULTIFAMILY HOUSING REVENUE BONDS
(ATLANTIS APARTMENTS)
SERIES 2003
The Authority recommends approval of this financing The proceeds of the Bonds to be Issued
will be used to assist the Borrower, CP Atlantis, L P, a California hmited partnership, In acquiring and
rehabilitating the Atlantis Apartments, a 208-umt apartment building at 999 Atlantis Drive ~n Virginia
Beach The use of $2,500,000 of tax exempt bonds, along with previously issued tax-exempt bonds to be
refunded, (the remainder will be federally taxable) will allow the Borrower to obtain substantial equity
through the sale of low income housing tax credits under Section 42 of the Code The benefits of
mmntenance of affordable housing in the City of VirgIma Beach along with the capital Investment,
construction payroll, and creation and retainage of jobs, constitutes the bas~s for this recommendation
The financing will enhance a slgmficant rental housing asset w~th~n the City where low and moderate
income employees can hve and assist the City ~n attracting and retaining business and industry
Exhibit F
FISCAL IMPACT STATEMENT
DATE.
TO
PROJECT NAME.
TYPE OF FACILITY:
July 23, 2003
THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
ATLANTIS APARTMENTS
208 Units of affordable multlfarmly housing
.
o
o
.
o
$9,360,000 ($45,000 umt)
1. Maximum amount of financing sought $13,000,000
Estimated taxable value of the facility's real
property to be constructed ~n the municipality
(post renovation)
Estimated real property tax per year using
present tax rates
Estimated personal property tax per year using
present tax rates
Estimated merchant's capital (business license)
tax per year using present tax rates
Estimated dollar value per year of goods and
services that will be purchased locally
Estimated number of regular employees on year
round basis (full timers)
Average annual salary per employee
(full timers)
$104,000
$555
$345
$310,470
10
8 $20,600
The information contained in this Statement 1s based solely on facts and estimates provided by
the Apphcant, and the Authority has made no independent investigation with respect thereto
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By.
~2(halrr - ~...J
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BONDS
PROJECT NAME
ATLANTIS APARTMENTS
999 ATLANTIS DRIVE
LOCATION
DESCRIPTION OF PROJECT
208 units of affordable multlfamlly housing
AMOUNT OF BOND ISSUE
PRINCIPALS
$13,000,000
Michaels Development,
Michael J Levitt
ZONING CLASSIFICATION'
a Present zoning classlficat~on
of the Property
b Is rezomng proposed?
c If so, to what zoning
classification9
A-18 (Apartment District)
Yes No X
NOTE THIS DOCUMENT MUST BE ON 8-1/2 X 14 INCH PLAIN BOND PAPER
City of Virginia
EXHIBIT H
Beach
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION
(757) 426-5750
FAX (757) 426-5766
TDD (757) 426-5794
CODE ENFORCEMENT DIVISION
(757) 427-4421
June 16, 2003
MUNICIPAL CENTER
BUILDING 18A
2424 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9083
Chairman, Virginia Beach, Development Authority
One Columbus Center, Suite 300
Virginia Beach, VA 23462
FAX# 499-9894
Gary Fentress, Esq.
Office of the City Attorney
Mumclpal Center
FAX# 563-1167
Evaluation of Public Benefit
Atlantis Apartments Project
Multi-Family Rental Housing Bond Application
206 units low income housing
VBDA Agenda June 16, 2003
I have reviewed the information provided regarding the above referenced project. In my opinion a
public benefit is achieved by the rehabilitation of these housing units by providing decent, safe and
affordable housing for low income households.
We have been advised by the applicant that 40% of the units will be occupied by persons having an
income of 60% of area median income or less The rent for these units will be restricted to no more
than 30% of 60% of area median income as adjusted for family s~ze, thus meeting the definition for
housing affordabhty. This project is in conformity with the City of Virginia Beach's Consolidate Plan
and Strategy.
Please let me know if you need anything further regarding this issue. Thank you
Sincerely,
Housing Program Administrator
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE'
A Resolution Assigning Administrative Responsibility for Freedom
of Information Act Requests to the City Attorney' Office
August 12, 2003
Background'
Currently, the Department of Management Services has administrative responsibility
for the coordination of the City's responses to requests for documents pursuant to
the Freedom of Information Act.
Considerations:
The proposed resolution would reassign that responsibility to the City Attorney's
Office.
Public Information:
Public Information will be handled through the normal Council agenda process.
· Attachments:
Resolution
Recommended Action' N/A
Submitting Department/Agency:
City Manager:
City Council
F XDataXATY~OrdlnhNONCODEWolaarf wpd
A RESOLUTION ASSIGNING
ADMINISTRATIVE RESPONSIBILITY FOR
FREEDOM OF INFORMATION ACT REQUESTS
TO THE CITY ATTORNEY'S OFFICE
10
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That the City Attorney'S Office shall be responsible for
13 the coordination and administration of the City's responses to
14 requests for documents pursuant to the Freedom of Information Act.
15
16 Adopted by the Council of the City of Virginia Beach,
17 Virgmnia, on the day of , 2003.
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19 CA-8975
20 ORDIN\NONCODE\ foiares, wpd
21 R-1
22 August 7, 2003
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APPROVED AS TO LEGAL
SUFFICIENCY:
City At t otn~y~~t t i ce'~
}INIA BEACH
AGENDA ITEM
CITY OF VlR(
ITEM: City of Virginia Beach, Amendment to the City Zoning Ordinance (Bed and
Breakfast Inns)
MEETING DATE: August 12, 2003
Background:
An Ordinance to amend the City Zoning Ordinance allowing bed and breakfast
inns as a cond~bonal use in certain Apartment, Business, and Resort Tourist
D~stncts and to further amend the specific cond~bons for bed and breakfast inns.
Bed and Breakfast Inns are currently only allowed ~n H~stoncal and Cultural
Districts. Th~s amendment w~ll increase the zoning d~stricts where they are
allowed and also ~ncrease the requirements that will be applicable to them.
Considerations:
One of the means of preserving and enhancing the character of neighborhoods,
particularly older neighborhoods, the Oceanfront Resort Area, the Shore Drive
Corndor, and older communities in the city ~s by promobng adapbve reuse of the
older homes and buildings where existing uses contained ~n the buildings may
not be able to maintain them One potential adapbve reuse of such buildings,
where appropriate and where the market and amen~bes ex~st to support ~t, ~s as a
bed and breakfast inn
Bed and breakfast inns (B&Bs) offer adaptive reuse of older res~denbal homes ~n
neighborhoods that are in transition from residential to other types of uses
w~thout destroying the residential character or allowing a prol~ferabon of strictly
commercial uses
These inns are, more often than not, relatively small in size. They typically have
from 6 to usually no more than 15 guest rooms and are unlikely to have on-s~te
restaurants and bar operations In add~bon, B&Bs usually cater to the h~gher end
of the traveling market The greater majority of B&Bs fall ~nto an "upscale"
lodging category, usually matching the h~gher rates of the most expensive
lodging ~n the area They are not a cheaper alternative and must offer a h~gher
standard of personalized service, facd~bes, and amen~bes to jusbfy their h~gher
rates (nabonal study by Yowno-Young, 1990) Another charactensbc ~s the
architectural d~sbncbon and h~stoncal context of some B&Bs. The most common
B&B is a converted residence of the V~ctorian era (1850-1900), s~nce such
homes are large, though homes from the Colonial era and the early-20th Century
are also good candidates.
Amendment to the C~ty Zoning Ordinance
Page 2 of 2
Staff recommended approval. There was opposition to the request as presented
to the Planning Commission. The Planning Commission rewsed the amendment
~n response to the concerns presented at the hearing.
Recommendations:
The Planning Commission passed a mobon by a recorded vote of 9-0 to approve
th~s amendment.
Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Department~~[~?~
City Manager: <~~ ~.., ~ ~t~q.
CITY OF VIRGINIA BEACH / # 18
July 9, 2003
Background:
One of the means of preserving and enhancing the character of neighborhoods,
particularly older neighborhoods, the Oceanfront Resort Area, the Shore Drive Corridor,
and older commun~bes ~n the city ~s by promoting adaptive reuse of the older homes and
buildings where ex~sbng uses contained ~n the buildings may not be able to maintain
them. One potenbal adapbve reuse of such buildings, where appropriate and where the
market and amen~bes ex~st to support ~t, ~s as a bed and breakfast ~nn.
Bed and breakfast ~nns (B&Bs) offer adaptive reuse of older residential homes in
neighborhoods that are ~n trans~bon from res~denbal to other types of uses w~thout
destroying the residenbal character or allowing a prohferation of strictly commercial
uses,
These inns are, more often than not, relatively small ~n size. They typically have from 6
to usually no more than 15 guest rooms and are unlikely to have on-s~te restaurants and
bar operabons. In addition, B&Bs usually cater to the h~gher end of the traveling market.
The greater majority of B&Bs fall into an "upscale" lodging category, usually matching
the h~gher rates of the most expensive lodging in the area They are not a cheaper
alternabve and must offer a h~gher standard of personahzed service, fac~l~bes, and
amenities to justify their h~gher rates (nabonal study by Yowno-Young, 1990). Another
characteristic is the architectural d~stincbon and historical context of some B&Bs. The
most common B&B is a converted residence of the V~ctor~an era (1850-1900), since
th
such homes are large, though homes from the Colonial era and the early-20 Century
are also good candidates
Proposed Amendments:
An Ordinance to amend the C~ty Zoning Ordinance allowing bed and breakfast ~nns as a
conditional use ~n certain Apartment, Bus~ness, and Resort Tourist Districts and to
further amend the specific cond~bons for bed and breakfast ~nns
Bed and Breakfast Inns are currently only allowed ~n H~storical and Cultural Districts.
Th~s amendment w~ll ~ncrease the zoning d~str~cts where they are allowed and also
~ncrease the requirements that w~ll be applicable to them
Planning Commission Agenda
July 9, 2003
CITY OF VIRGINIA BEACH I # 18
Page 1
Bed and Breakfast Inns will be allowed as conditional uses ~n the RT-3, B-4, A-12, A-18,
A-24 and A-36 Zoning Districts, w~th the following addibonal requirements:
1. A primary residential structure, not an accessory structure, shall be used,
2. The home must be 50 years old or of h~storical s~gn~flcance;
3 The maximum length of stay is 14 consecutive days w~th~n a 30 day period;
4. There can be no receptions or similar funcbons for compensation; and
5 There must be a minimum of one bathroom per floor.
Agricultural D~stricts currently have a s~m~lar use, categorized as Country Inns, already
allowed with a Cond~bonal Use Permit; thus, the Agricultural D~stncts were not included
as part of this amendment
Evaluation:
Staff recommends approval of the amendment The amendment provides for adapbve
reuse opportunities for certain residential structures in such a way as to contribute to the
conbnued stabdity and growth of overall neighborhood character The amendment also
allows for an alternabve type of lodging that will help to ~ncrease the overall base of
attracbons that the City of V~rgin~a Beach can offer ws~tors.
Planning Commission Agenda
July 9, 2003
CITY OF VIRGINIA BEACH I # 18
Page 2
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AN ORDINANCE TO AMEND AND REORDAIN THE CITY
ZONING ORDINANCE TO ALLOW BED AND BREAKFAST
INNS AS CONDITIONAL USES IN CERTAIN APARTMENT,
BUSINESS AND RESORT TOURIST DISTRICTS AND
SPECIFIC CONDITIONS FOR BED AND BREAKFAST INNS
SECTIONS AMENDED- CZO §~ 111, 225.1, 601, 901
AND 1521
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 225.1, 601, 901 and 1521 of the City Zoning
Ordinance are hereby amended and reordained, to read as follows'
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated-
' 1
Bed and breakfast inn. A bui~uing
Cultural District A primary residential structure of historical
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significance in which not more than ten (10) rooms are provided for
lodging transients, for compensation, on daily or weekly terms,
with or without board breakfast.
Sec. 225.1. Bed and breakfast inns.
In addition to general requirements, bed and breakfast inns
shall be subject to the following requirements, which shall be
deemed to be conditions of the conditional use permit-
(1) No more than ten (10) lodging units may be provided, and
no such units shall have direct ingress or egress to the
outside of the building. Living quarters for the owner
or manager of the inn nra7 shall be provided in addition
to lodging units. The operator, or his designated
representative who is responsible for the premises, shall
be available on the premises while it is open for use.
Such owner or manaqer shall be on site and available on
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a 24-hour basis.
(2) Antiques may be sold at retail as an accessory use if
expressly permitted by the conditional use permit,
provided, that such sales are conducted from within the
same building in which the lodging units are located and
that no more than twenty (20) per cent of the total floor
area of the building shall be used in the conduct of such
sales.
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(3) Food and beverages mzmI will be served ~ if expressly
permitted by the conditional use permit, and in no event
shall seating capacity exceed twenty-five (25) persons,
including lodging guests. Breakfast will be served to
guests.
(4) Notwithstanding any contrary provision of this ordinance,
signage shall be limited to one identification sign not
exceeding nine (9) square feet per face~, and may be
-- -- , , ~__ , ,
~:--~ ....... ly upon f~ndzng ~y the hzstorzc and
cultural review board that the proposed signage is
appropriate to the character and appearance of the
(5) At least one (1) vehicular parking space per lodging unit
shall be provided on the site. Additional parking
capacity may be required by the city council if food
service serving capacity exceeds the number of lodging
units. Parkinq shall not be allowed in the front of the
primary residential structure.
(6) The following plans shall be submitted with the
application for conditional use permit-
a. A floor plan delineating, at a minimum, the total
floor area of the building, the number and
dimensions of lodging units, the location and
dimensions of areas to be used for food service and
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antique sales, if applicable, and the location of
all entrances and exits; and
b. A plan delineating the location, dimensions,
colors, materials and illumination of proposed
signage.
(7) The bed and breakfast inn shall be operated in a primary
residential structure and not in any accessory structure.
The structure to be used shall be historically,
architecturally or culturally significant because (1) it
is associated with events that have made a contribution
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to the broad patterns of our history or (2) is associated
with the lives of persons or groups important to our
past, or (3) embodies the distinctive characteristics of
a type, period, desiqn or method of construction,
represents the work of a recognized master, or possess
hiqh artistic values.
(8) Maximum lenqth of stay for a transient paying quest shall
be fourteen (14) consecutive days in any thirty (30) day
period of time.
(9) Receptions and other such functions, for compensation,
shall not be permitted.
(10) A minimum of one (1) bathroom, to include a bathtub or
shower, shall be provided on each floor of the structure
to be occupied by guests; however, city council may
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require additional bathrooms as a condition of approval
of the use permit.
Sec. 601. Use regulations. [Apartment Districts]
(a) Principal and conditional uses. The following chart lists
those uses permitted within the A-12 through A-36 Apartment
Districts. Those uses and structures in the respective apartment
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as specified
shall be permitted.
Use A-12 A-18 A-24 A-36
Bed and breakfast inns ~ ~ ~ ~
Sec. 901. Use regulations. [Business Districts]
(a) Principal and conditional uses. The following chart lists
those uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business districts
shall be permitted as either principal uses indicated by a "P" or
as conditional uses indicated by a "C." Uses and structures
indicated by an "X" shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
125 Use B-1 B-IA B-2 B-3 B-3A B-4
126
127 Bed and breakfast
128 inns
129
130 Sec. 1521.
Use regulations. [RT-3 Resort Tourist District]
131
132
(c) Conditional uses and structures' Uses and structures
133
134
135
136
137
hereinafter specified,
subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
138 4th Street, or north of 35th Street'
139
140 (2.5) Bed and breakfast inns
141
142 COMMENT
143
144
145
146
147
148
149
150
151
152
Bed and Breakfast Inns are currently only allowed in Historical and Cultural Districts. This
amendment will increase the zoning districts where they are allowed and also increase the conditions
that will be applicable to them.
Bed and Breakfast Inns will be allowed as conditional uses in the RT-3, B-4, A-12, A-18, A-24
and A-36 Zoning Districts, with the following additional requirements:
.
2.
3.
4.
5.
Primary residential structure, not accessary structure, shall be used;
Of historical significance;
Maximum length of stay is 14 days in 30 days;
No receptions or similar functions for compensation; and
Minimum of one bathroom per floor.
153
154
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2003.
CA-8907
DATA/ORDIN/PROPOSED/czo0225.1 (B&B) ord. wpd
R6 - July 29, 2003
APPROVED AS TO CONTENTS:
4-1-~
Pl~nn~ng~partment
APPROVED AS TO LEGAL
SUEFI~IEN,CY~~/~/~/,:,~, ~~_,/
Department of Law
Item # 18
City of Virginia Beach/Ordinance Amendment
An Ordinance to amend the City Zoning Ordinance allowing bed
and breakfast inns as a Conditional Use in certain Apartment,
Business, and Resort Tourist Districts and to further amend the
specific conditions for bed and breakfast ~nns
July 9, 2003
REGULAR
Robert Miller: The next item is Item # 18, The City of Virginia Beach Ordinance
Amendment. We only have one speaker in opposition?
Ronald Ripley: On the amendment? Stephen, do you all want to present the
amendment?
Stephen White: Yes sir, I'll be glad too This amendment that we're bringing to you
today Is in response to individuals who have come to us with proposals for bed and
breakfast inns, particularly ~n the Oceanfront area and some of our older homes. There
are two other things at work here As our neighborhoods decline we're looking for
opportunities for adaptive reuse of some of these homes, some of these buildings and also
for our visitors to the City we're looking for an alternative means of stay beyond a hotel
room. Say something a little more upscale but cozier, and bed & breakfast inns fit that
mode. So what we got for you today is an amendment that would allow bed and
breakfast inns as a Conditional Use Permit ~n certain Apartment, Bus~ness and Resort
Tourist D~stricts. Currently bed and breakfast inns are allowed as Conditional Uses in
historic and cultural districts, and this would expand the scope of those somewhat. There
is a similar type of use allowed ~n Agricultural D~strlcts. They're called Country Inns.
So, that's why the Agricultural Districts are not included in this amendment The
amendment, as I noted would make th~s a Conditional Use Permit, and it has certmn
criteria under the Conditional Permit Use section that we're proposing to you. And,
among those we had in there is that it would have to be a primary residential structure.
The age of the structure would have to be 50 years old or be of historical significance.
But, I think after our discussion th~s morning there was an agreement that we would
strike the part dealing with 50 years old and just keep historical s~gmficance The
maximum length of stay in any of those rooms would be 14 consecutive days in a 30-day
period. There would be no reception or similar functions for which the owner was
compensated. And there must be a minimum of one bathroom per floor. Those are some
of the major criteria that we would use in evaluation of a proposal for a bed and
breakfast. As I noted this morning we talked about striking the part dealing w~th 50 years
of age and if it's you're pleasure to do that on Line 79-80, when you make the motion
you need to strike the part that says starting on L~ne 79, "at least 50 years old or is", so
then it would read as "structure to be used shall be historically, architecturally, or
culturally significant, etc, etc." And, with that ~f you have any questions, we'll be glad to
answer them but we're recommending approval of this amendment
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 2
Kay Wilson: You also need to strike lines 28 & 29, in the definition of bed and breakfast
inn at least 50 years old on line 28 & 29
Stephen White: Thank you
Ronald Rlpley' Okay. Is there any discussion by the Commission?
Robert Miller: We have a speaker
Ronald Rlpley: I'm sorry We do have a speaker that wishes to address us
Robert Miller: We have a speaker in opposition. Stephen LaFond.
Stephen LaFond: Good afternoon Mr. Chairman. Commission members I'm Stephen
LaFond. I'm at 400 16th Street. I'm a proud owner of the Barkley Cottage. I purchased
it from Peter Captainese on May 15th. I was a bit surprised to see the change in the zoning
regulation. After reading it I supported almost 100 percent, but I'm before you today not
because I oppose having more bed and breakfast, which would be maybe a natural thing
to protect my business interest, but I think there's plenty of business in Virginia Beach
for multiple bed and breakfast. What I'm concerned with those is the way the ordinance
is drafted. In a bed and breakfast as I understand it and the research that I did before we
purchased the Barkley Cottage, a bed and breakfast is a place where you get a bed and a
breakfast One of the things that I find missing from your ordinance is the requirement
that will provide breakfast to the people that are staying there Not only that, but I think
you should also make sure that either the owner or the manager must live on the premises
or have someone there 24 hours because that's the nature of a bed and breakfast You're
on duty 24-7 You must be there when the toilets back up You must be there when
somebody needs to find out what is open at two o'clock in the morning so they can go get
a snack or a drink or whatever. I think you must require them to serve a breakfast for the
people who are staying there. With respect to any additional dining facilities whether it's
lunch or brunch, or whatever, that it'll be open to the outside and non-residents or non-
renters of the rooms. I don't think that fits into a bed and breakfast. I think you need a
separate classification that you might call an inn much like a Holiday Inn perhaps or a
Fairfield Inn, or whatever, and that is when you can allow meals around the clock. Bed
and breakfast is just what it says, bed and breakfast. The historic significance and I'm
glad to hear that you taken out that 50-year number I thought that was a little strange
because 50 years from now we'll be having bed and breakfast in homes that were built
today, and that doesn't make too much sense to me. I think if you had put in a year like
1920, prior to 1930 or something like that, and then made it for historic architectural or
cultural significance, then I think you got yourself a pretty decent product. Also, I'm
concern that right now your definition in lines 28, 29 & 30 as pointed out by Counsel,
does not coincide with all the information in Subsection 7 of Section 225 1. I think you
should in your definition put something to the fact that it's architecturally, culturally, and
historically significant. Those were my objections, but otherwise it's a good deal
Ronald Ripley: Thank you Are there any questions? We have somebody that is raising
his hand.
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 3
Robert Miller: Nobody else signed up
Ronald Ripley: You're not signed up but come up.
Anthony Offredl: I'm sorry I'm Anthony Offredl. I signed up for Item #19 but I
understand Item # 18 affects me
Ronald Ripley: State your name.
Anthony Offredi' Anthony Offredi: 2416 Artic Avenue. I just have a couple of
questions on the variance change. On number 18, who dictates what is culturally,
architecturally and historically significant9
Ronald Rlpley: The answer to that would be recommended by staff, and then the
Planning Commission will consider it, and the Council will consider it
Anthony Offredl: So it will be a house by house.
Ronald Ripley: Yes
Anthony Offredi It will be house by house. So, if I build a house that is architecturally
significant, if I require an architect that something fabulous, and I make a bed and
breakfast out of it, and I get it approved, therefore I can have a bed and breakfast that is
architecturally significant to the area?
Ronald Ripley: I think it's going to be other tests in there that you're going to need to
meet.
Anthony Offredi: I understand that I'm just trying to, and since I've moved down to the
area, I'm one of the very few owners that have a single home on a plot of land that's
eighth well, and the population density has actually increased since I've been down there.
I don't have a problem with because most of them are very nice town homes that have
gone up in the area. The only thing that I do have an issue with is the density. It's
increasingly getting crowded down there for single homeowners like myself And, that's
why I'm trying to figure out if we're going to have a rash of these culturally significant
clones come up, I'm going to have to be here all the time This doesn't include just the
beach borough area. Old Beach and the north end are going to have a rash of these come
up, and the density is going to increase tremendously
Ronald Ripley: That may occur but so far it hasn't. Staff, have you been deluged with a
lot of bed and breakfast requests?
Stephen White: No sir
Ronald Ripley: This is sort of one of the first ones
Item #18
City of Virginia Beach/Ordinance Amendment
Page 4
Anthony Offredi: Yeah. I can understand that because it's just starting to come up, but
my main concern is the re-trafficking of the cul-de-sacs. If we start including the 400
block, 500 block, 600 block of the Old Beach area then we're going to run into a density
issue as well as a traffic issue. That's my viewpoint on this.
Ronald Ripley: Good point.
Anthony Offredl: Thank you.
Ronald Rlpley: Okay. Are there any questions? Thank you. Okay. Is there anybody
else Mr. Miller?
Robert Miller: Mr. White needs to answers the statements with regards to breakfast and
the 24-7, I think view points that were made
Stephen White: In regard to breakfast, of course the idea of the bed and breakfast is to
have breakfast served. We're not going to require the applicant to serve breakfast, but I
know that the apphcant that you have on Item # 19 will be doing that. The main thing and
the comment that I heard regard to food being served or there be a restaurant kind of
environment to people who are not guests at the inn. Under Section 225.1 as proposed to
specifically notes that something like that cannot occur Food and beverages may be
served only as expressly permitted by the Conditional Use Permit That is something that
you're going to cover in your Conditional Use Permit. So, you can deal with that at that
point, if you think it's appropriate. Historically, architecturally, culturally sigmficant,
once again in Section 225.7, if someone built a house that replicated a Victorian home, I
don't know if staff will tell you that's architecturally significant. To us, that's a clone of
something that was architecturally significant. And, under number seven, I think we have
the ability to tell you that with what's listed there. If there is anything I missed
William Din: Twenty-four hour management.
Eugene Crabtree' Living on site.
Stephen White: I think that's something that's going to be covered by 24-7 manager on
site.
Faith Christie: We don't plan on having a manager on site.
Stephen VV'hlte: Is that something that we need to add as conditions? Is that something
that is covered under other codes?
Faith Christie: I don't know. The bed and breakfast that I have been to in Charleston and
Key West, their managers were not on site 24-7.
Ronald Ripley: Some do, some don't
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 5
Faith Christie: Yeah
Stephen White: If you feel strongly about it, it's a Conditional Use Permit, you can have
that as a condition.
Ronald Ripley: Professional management is not adequate either, I don't think because
that can be deemed off site all the time too. Any ideas? You got to realize that this is a
new ordinance, and we've discussed a lot of things this morning We don't pretend to
have the answers. We're just creating this new thing.
William Din: I think one of the charms of having a bed and breakfast or a cottage or a
use like this is having I guess an owner who feels strongly about the residence provides
some cultural relationship. I think that adds a lot of charm to a bed and breakfast. I
would encourage the owner to be a primary resident in that home also To me, if he
didn't live there maybe did have a manager there 24 hours a day would be a good idea.
But to me, when you stay in a bed and breakfast, I think the charm of having something
like is to have some relationship Some kind of ownership that supplies that to the area,
which 24-hour manager or typically the owner would provide
Ronald Ripley: Or live in management that lives on site9
William Din' Correct
Ronald Ripley: I think that's about the best you can do because I've stayed in bed and
breakfasts where the manager was not the owner but has been there for 20 years. The
owner lived in another state. But you still had that same feeling because you had the
same type over there but they did. But to try to put this type of a requirement onto a
owner requiring him to have someone there and to pay him 24 hours a day that is
something you have to think out in a business plan because you can sink the whole
business plan that you have set up but, anyway Mr. Miller.
Robert Miller. What I think I said this morning is I would like to make sure that this
ordinance is asking for what we want and not trying to stop something that we don't
want. I do like the idea of having a professional or someone, if it's the owner that's fine,
that's there 24-7 I think that makes for the right thing that we would like to have And, I
think the phrasing on page 2, line 49 if it said food and beverages will be served if
expressly permitted. I think the intent there was to make sure that it was set up in a way
that the Health Department would approve it and so forth, so I think if you say Jt will be
served but it has to be expressly permitted by us, that gets us into the category, I felt like
I'd like to be instead of saying may be served as only expressly submitted I think we're
trying to get and the encouragement would be to have it served but if somebody was not
able to for whatever reasons be able to meet the Health Department standards or other
standards that may come into effect that would be something that may not be able to do
because the size of these will potentially vary from three rooms to 10 rooms or something
different. So, I think I would favor both of those changes One is that we have a
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 6
professional person on staff or a manager, again whatever the right definition is or the
owner 24-7, and that food and beverages will be served if expressly permitted
Ronald Rlpley: Well, that's in the ordinance.
Robert Miller' Something with the phrasing. I'm just trying to go the other end of the
phrasing and say positive that we would have that there. That is what we would like to
encourage.
Ronald Ripley: We're not getting ahead of ourselves but the application that we're going
to hear after this does state specifically the type of food they will serve and that's what
you're trying to do.
Robert Miller: That is what I want to have ~n here is that we want to encourage people
and I think the point was made very well by Mr LaFond that I would think that a bed and
breakfast, and I never thought any differently, that it would have breakfast. It didn't even
cross my mind. I think it's a very good point, and I think it's one that we can just
encourage. There may be some that for whatever reasons would not have that, and I
think I do understand that there will certainly be situations that might not present
themselves. And, that is something that we have to decide on a proJect-by-project basis
Ronald Rlpley: Mr LaFond, did you have a comment if it's new and short
Stephen LaFond: If you don't have breakfast and all you're doing is renting rooms then
what you've got is a rooming house. If you don't have an owner that is present on the
premises or a manager that is present there 24-7, you don't have basically a residence for
a resident of Virginia Beach. You have an absentee owner who is running a rooming
house And, then it's a whole different type of clientele then your background
information which was researched quite well I might add. A lot of the same lnfbrmation
is contained in the Professional Association of Innkeepers International Bi-Annual Report
that are put together showing the demographic of the types of people that use bed and
breakfast and what typically bed and breakfast have Again, I really think it's important
that you have breakfast. Not just that you're going to serve meals because that kind of
opens up lunch and dinner and now you got a little different situation You got yourself a
restaurant and it's only a hop, skip and jump from three meals a day to opening it up to
folks that are coming in from the outside. Because all of them want to eat at this really
great little bed and breakfast but it's not a bed and breakfast, it's an inn It ~s now serving
three meals a day
Ronald Rlpley' Thank you for your input.
Stephen LaFond. If there are any other questions, I'll be happy to answer them I've
done an awful lot of research on this before I bought this place. One of the things of
course was exciting was that fact that we were the only one in Virginia Beach The
Victorian Inn does not have breakfast. Angle's give you a chip. It's a youth hostile.
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 7
You can stay there for $17 00 a night There are other places like Gallagher's Js right
around the corner from us They don't have bed and breakfast.
Robert Miller: Isn't there a song similar called "Nothing Succeeds like Success".
Congratulations.
Stephen LaFond: Thanks. I welcome more of them We could refer a whole bunch of
people.
Ronald Rlpley: Thank you very much. Alnght, Will Din.
William Din: One other comment on the ordinance, what kind of set backs are placed on
these bed and breakfasts? I notice that applications are going to have a lot of renovations
to it and a lot of addition to it When you have a residence in this area on a lot what set
back requirements are going to be followed9
Stephen White: Whatever is applicable to the district within that structure is located.
That's the setbacks they will have to meet.
Janice Anderson: The underlying zoning or whatever.
Stephen White' Right
Ronald R~pley: Okay.
Joseph Strange: I have a question.
Ronald Rlpley' Joe Strange.
Joseph Strange. I have a question for the opposition here. When you were researching
this and doing your research, how many of the ordinances require that they serve
breakfast?
Stephen LaFond: To tell you the truth Mr. Strange, many different cities don't even have
any ordinances that deal with this. I was involved, I'm an attorney, and I was involved in
putting together a bed and breakfast in the City of Tomlin, Connecticut. That goes way
back to revolutionary times much as many those around here do And, Tomhn didn't
have any ordinances whatsoever. I represented a young couple that turned a beautiful old
home into a fantastic bed and breakfast and it's been going ever since. But we had to
create the ordinance for the town and we had to create all of the information that they
needed to do and so on, and they're weren't sure what the Health Department regulations
even applied at all. We felt that they should because it was to their benefit to the owners.
But anyway, it is uncharted ground. Each city does things differently I have not
checked with Norfolk. I know there is a new, basically two new inns that were set up
there, the Page House and the Freemason Inn. Bob Epstein is doing that and apparently
both of them are doing quite well We refer a lot of people over there. I'd love to refer
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 8
people and keep the money here in Virginia Beach but there really aren't places to do
that.
Ronald Ripley: Are there any other questions or comments? Jan, did you have a
comment9
Jamce Anderson: Yeah. I have to be in agreement I think if you're going to call it a bed
and breakfast then you're going to put it m your zoning, I would put it in the definition is
"residence that serves breakfast" and leave it at that. I would put that in your definition
It's a primary residential structure and historical significance that provides lodging and
breakfast. Just leave it in your definition, then the other part dealing with the onslte
manager, I think everyone is in agreement with that. That needs to be there I think that
prevents any problems you have A lot of these are going to be in residential
neighborhoods. You want on site managers just in case things come up We don't want
it to be a mini hotel. The food and beverage, I can understand why in number 3 under
225.1. I think that was beyond breakfast Food and beverage may be served only
expressly permitted. I can understand the reasoning in putting that language there is a
more restrictive because you don't want it turning into a restaurant. So, I know you
wanted to change it
Robert Miller: When you change to breakfast, you fixed
Janice Anderson: Okay. Well, I think in three it says, "beyond breakfast." If you're
going to serve food and beverages that would be expressly permit then you can limit to
whether it is going to change but I think with those changes.
Ronald Ripley' I think we said something like onsite owner or manager will be required
to live on site to manage
Charhe Salle': I'm thinking its Section 1, line 40 probably should say that it provides
living quarters for the owner or manager of the inn may be provided probably should be
provided. Then put in a manager or owner shall be presented on the premises 24 hours a
day.
Ronald Rlpley: That would work.
Charlie Salle': Kay, did you get the other part?
Stephen LaFond' My wife and I do go out shopping once in a while.
Kay Wilson. Stephen and I have been rewording. For the definition it will say, "a
primary residential structure of historical significance in which not more than ten rooms
provided for lodging transient for compensation on a daily or weekly terms with
breakfast being served." That's your definition.
Ronald Ripley: Did you cover the management? Okay.
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 9
Kay Wilson: Under number one under Section 225.1, I have to use my glasses
differently. If you go down to the second sentence, "living quarters for the owner or
manage of the inn shall be provided in addition to lodging units Such owner or manager
shall be on site and available on a 24 hour basis
Ronald Rlpley: Does that work?
Charlie Salle' Manager or owner?
Kay Wilson: Or owner.
Charlie Salle': Okay.
Kay Wilson: Shall be on site and available on a 24 hour basis So you can go to the
movies but take your cell phone.
Ronald Ripley' Okay.
Charlie Salle" You want it on number 3 on line 49, you want to put food and beverage?
Kay Wilson. That' s where we're going. "Food and beverage will be served if expressly
permitted by the Conditional Use Permit, that way were getting into the Health
Department, and no event will the seating capacity exceed 25 persons including lodging
guests Breakfast will be served to guests."
Janice Anderson: Why are you changing "will" Why don't you just leave it
Kay Wilson' Because we have already said that breakfast will be served.
Janice Anderson: Okay
Kay Wilson: Because we said breakfast will be served and those are the two things that
we said that we had to serve breakfast and you have to have an onslte manager Those
were the changes that will accomplish that.
Ronald Ripley: Unless it's something new?
Stephen LaFond: Is for something that Counsel just mentioned.
Ronald Rlpley: Come back up.
Stephen LaFond' I'm sorry. On number 3 when we said that food and beverages would
be served only if expressly permitted by the Conditional Use Permit and no event will
seating capacity exceed 25 persons including lodging guests. That implies in the
ordinance that you're open for people other than lodging guests And, I think you need to
address that.
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 10
Kay Wilson: I think you could in your Conditional Use Permit, Council can say you
could have a little dining room that would be of 25-50 people. You have to have
breakfast.
Ronald R~pley: Okay. Jan did you want to make a motion on thts9
Jan~ce Anderson' Yes. I'll make a motton to approve Item #18 which ts the addition of
the ordinance regarding bed and breakfast be a Conditional Use Permtt in the following
zones, RT-3, B-4, A-12, A-18, A-24 and A-36 Zomng Districts as we have amended w~th
the definition being changed to bed and breakfast to tnclude breakfast betng stowed with
the change under 225.1, Section 1, manager/owner shall be on s~te available 24 hours.
And, food and beverages will be served as expressly permttted besides the breakfast,
which shall be served
Eugene Crabtree: Jan? Excuse me. We should also tnclude that we have struck the
reqmrement of 50 years of age on line 28 & 29 and on hnes 79 & 80.
Janice Anderson: Thank you.
Ronald Ripley: So we have a motton made and the second agreed to that and discussion
from Mr Crabtree. Anybody else have anything else to say? Watchtng legislation and
sausages is not pretty is what you say But this ~s a new one. We're ready to vote.
Ed Weeden: Ms. Anderson9
Janice Anderson' Yes
Ed Weeden: Mr. Crabtree?
Eugene Crabtree: Yes.
Ed Weeden Mr. Dtn?
Wilham Din. Yes
Ed Weeden: Ms. Katsias9
Kathy Katsias: Yes
Ed Weeden: Mr. Kmght?
Barry Knight. Yes.
Ed Weeden: Mr Miller?
Robert Miller: Yes.
Item # 18
City of Virginia Beach/Ordinance Amendment
Page 11
Ed Weeden. Mr. Ripley?
Ronald Ripley: Yes.
Ed Weeden. Mr. Salle'?
Charlie Salle: Yes.
Ed Weeden' Mr. Strange9
Joseph Strange. Yes
AYE 9
NAY 0
ABS 0
ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the motion passes.
Ronald Ripley: Kay, when you get that worked through with all the wording, can you
send that back around to the Commission so we can see it?
Kay Wilson' Sure.
Ronald Ripley So, we can see the way ~t worked out.
CITY OF VIRGINIA BEACH
AGENDA ITEM
III II II III
ITEM: Gregory Nelson - Conditional Use Permit (Bed and Breakfast Inn)
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Application of Gregory Nelson for a Conditional Use Permit
for a bed and breakfast on property located at 2420 Arcbc Avenue (GPIN
2427052744). DISTRICT 6 - BEACH
The purpose of this request ~s to convert the ex~sting s~ngle-family dwelling ~nto a
bed and breakfast
Considerations:
The ~mmed~ate area has remained fairly stable w~th a mixture of s~ngle-family
dwelhngs, duplexes, multiple-family dwellings, and a rehg~ous center. The s~te
was zoned R-3 Mulbple-Fam~ly Residence D~stnct unbl November 1973 With the
adopbon of the Comprehensive Zoning Ordinance ~n 1973, the s~te was zoned A-
1 Apartment d~stnct. In 1988, the site was zoned A-12 Apartment d~str~ct. The
exisbng dwelhng was constructed ~n 1938. It is an excellent example of
development ~n the early years of the resort area. A large second floor porch ~s
the main focal point of the front of the house. An "A" frame roof supported by box
columns covers the porch. The exterior ~s clapboard s~ding on the first floor and
cedar shakes on the second floor The applicant plans to maintain the exisbng
structure so that it has nine rooms available for compensation and one room for
the on-s~te manager The proposed addibon will closely match the ex~stmg
structure ~n both design and building materials The applicant also plans
extensive landscaping ~n the yard areas
The request ~s consistent with the recommendations of the Comprehensive Plan
and w~th the specific requirements specified for bed and breakfast inns within the
C~ty Zoning Ordinance. The character of the neighborhood should not be
adversely affected by the operabon of a bed and breakfast ~nn at th~s location
D~rectly across the street exists the C~ty of V~rg~n~a Beach 25th Street Parking lot,
and a religious center exists several lots west of the site.
Staff recommended approval There was oppos~bon to the request
Gregory Nelson
Page 2 of 2
· Recommendations:
This Conditional Use Permit request can be acted on by the City Councd only ~f
the City Council has approved the amendment to the City Zoning Ordinance
allowing bed and breakfast ~nns in the A-12 Apartment District with a use permit.
Otherwise, th~s request is null and cannot be acted on
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following cond~bons:
,
Site and building ~mprovements shall be substanbally as submitted.
Modifications may, however, be made to the plans if necessary due to
acbon of the Board of Zoning Appeals related to variance requests. Any
such changes shall be submitted to the Director of Planning for approval.
2 There shall be no more than nine (9) rooms avadable for compensation.
One addibonal room may be provided for an on-site manager.
.
Food service shall be limited to breakfast and a menu of sandwiches,
salads, soups, fruit and cheese plates, and snacks provided for the guests
of the inn. Promobonal specials, such as oyster roast, crab picking or w~ne
tasting, are permitted provided the special is only available to the patrons
of the inn.
4. Signage shall be hmited to one (1)~dent~ficat~on sign no more than nine (9)
square feet m area. There shall be no other s~gnage in or on the windows,
doors or exterior of the building other than emergency or direcbonal signs
that may be required by the Building Code Official
5 Occupancy shall be limited to twenty-five (25) including the on-s~te
manager.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Locabon Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Departmen~~g,~c~--~
City Manager~ ~(~-' ~'~~)Y~L
GREGORY NELSON/# 19
July 9, 2003
General Information:
APPLICATION
NUMBER: M06-215-CUP-2003
REQUEST: Cond~bonal Use Permit for a Bed and Breakfast
ADDRESS: 2420 Arctic Avenue
M--d
Ma to ~cmle
Nelson
Crptn 2427-05-2744
GPIN'
ELECTION
DISTRICT:
14878286540000
6 - BEACH
Planning Commission Agenda
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GREGORY NELSON/# 19
Page 1
SITE SIZE: 8,400 square feet
STAFF
PLANNER:
PURPOSE:
Faith Chrisbe
To convert the ex~sting single-family dwelhng into a bed and breakfast.
Major Issues:
· Compabbd~ty with the surrounding area.
· Consistency with the recommendabons of the Comprehensive Plan.
Land Use, Zoning, and Site
Characteristics:
Existinq Land Use and Zoninq
The site ~s occupied by an ex~sbng single-
family dwelling, and ~s zoned A-12 Apartment
D~strict.
Surroundinq Land Use and Zoninq
North:
South:
East:
West:
· 25th Street
· Across 25th Street are s~ngle-famdy dwellings / A-
12 Apartment
· S~ngle-fam~ly dwelhng / A-12 Apartment
· Arcbc Avenue
· Across Arctic Avenue ~s the C~ty of Virgima Beach
25th Street Parking lot
· An alley
· Across the alley ~s a s~ngle-family dwelling / A-12
Apartment
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Zoning History
The immediate area has remained fairly stable w~th a m~xture of s~ngle-fam~ly dwellings,
duplexes, multiple-family dwelhngs, and a religious center. The s~te was zoned R-3
Multiple-Family Residence District until November 1973. W~th the adopbon of the
Comprehensive Zoning Ordinance ~n 1973, the s~te was zoned A-1 Apartment district. In
1988, the s~te was zoned A-12 Apartment district. The ex~sting dwelhng was constructed
in 1938. It is an example of the early development of this area of the Oceanfront.
Air Installation Compatible Use Zone (AICUZ)
The s~te ~s in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana The Un~ted States
Navy has reviewed the applicabon and has no comment.
Public Facilities and Services
Water and Sewer
The s~te has an ex~sting 5/8-inch water meter, which may be upgraded. Sewer and
pump stabon analys~s may be required to insure that the new flows can be
accommodated.
Transportation
Master Transportation Plan (MTP) I Capital Improvement Program (CIP):
Arctic Avenue and 25th Street are considered two-lane local streets There are no
plans to upgrade e~ther street at th~s time.
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
Arcbc Avenue 3,098 ADT ~ Ex~sbng Land Use 2_ 14
6,200 ADT ~
25th Street 1,410 ADT ~ Proposed Land Use 3_ 62
Average Dady Trips
2 as defined by the ex~sbng apartment zoning
3
as defined by the proposed bed and breakfast
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GREGORY NELSON/# 19
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M-~
Ma to Scale
Nelson
Gpin 2427-05-2744
ZONING HISTORY
1 Modification to a Nonconforming Use - Approved 12-10-02
Public Safety
Police:
Fire and
Rescue:
The apphcant ~s encouraged to contact and work w~th the
Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevenbon Through
Environmental Design (CPTED) concepts and strategies as
they pertain to this s~te.
A fire hydrant is required within 400 feet of this use. Private fire
hydrants must be maintained annually as ~denbfied ~n the
N.F P A. 25
A Certificate of Occupancy shall be obtained from the Budding
Code Official before occupancy of the structure.
Comprehensive Plan
The Comprehensive Plan Map identifies th~s area as Suburban Residenbal/Medium
and H~gh Density. This ~s an area planned for residential density of above 3.5 dwelling
units per acre.
Summary of Proposal
Proposal
· The applicant wishes to obtain a Cond~bonal Use Permit for a Bed and
Breakfast on the site. The applicant proposes to enlarge the exisbng structure
so that ~t has n~ne rooms available for compensabon and one room for the on-
site manager. The apphcant notes that a continental breakfast and a light
menu of sandwiches, salads, soups, fruit and cheese plates, and snacks will
be provided. On Saturday and Sunday, a hot breakfast wdl be served The
applicant plans to have beach chairs, bikes, umbrellas, and coolers available
for the guests. Wednesday w~ll be special day at the inn when the applicant
will showcase certain Virginia trad~bons and items, such as a crab picking, an
oyster roast, a wine tasbng or strawberry desserts. The applicant also plans
to provide a spa and massage therapy room as a part of the inn's mission to
provide a totally relaxing and peaceful stay
· The existing structure was built in 1938 and is an excellent example of
development ~n the early years of the resort area. A large second floor porch
Planning Commission Agenda
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GREGORY NELSON/# 19
Page 4
~s the main focal point of the front of the house An "A" frame roof supported
by box columns covers the porch The exterior is clapboard s~d~ng on the first
floor and cedar shakes on the second floor. The applicant plans to maintain
the ex~sbng structure. The proposed addition w~ll closely match the ex~sting
structure in both design and building materials.
The applicant w~ll need to obtain several variances from the Board of Zoning
Appeals due to the change of use of the structure. The applicant is aware of
the required variances Should the apphcant be unsuccessful with the Board
of Zoning Appeals he w~ll not be able to develop the s~te with a bed and
breakfast inn.
Evaluation of Request
The request for a Cond~bonal Use Permit for a bed and breakfast ~nn is acceptable
subject to the conditions listed below. The request ~s consistent w~th the
recommendabons of the Comprehensive Plan and w~th the specific requirements
specified for bed and breakfast ,nns w~thin the C~ty Zoning Ordinance. The character of
the neighborhood should not be adversely affected by the operabon of a bed and
breakfast ~nn at this location Directly across the street exists the C~ty of V~rginia Beach
25th Street Parking lot, and a rehg~ous center exists several lots west of the site.
The applicant proposes to retain the charm of the exisbng "cottage" w~th a proposed
addition using the same building materials and design as the exisbng structure The
applicant also plans extensive landscaping ~n the yard areas.
Staff recommends approval of the request for a Condibonal Use Permit for a bed and
breakfast ~nn subject to the conditions I~sted below.
Conditions
,
.
Site and building improvements shall be substantially as submitted. Modificabons
may, however, be made to the plans if necessary due to acbon of the Board of
Zoning Appeals related to variance requests Any such changes shall be
submitted to the Director of Planning for approval.
There shall be no more than n~ne (9) rooms available for compensation. One
additional room may be prowded for an on-site manager
Planning Commission Agenda
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GREGORY NELSON/# 19
Page 5
Food service shall be limited to breakfast and a menu of sandwiches, salads,
soups, fruit and cheese plates, and snacks prowded for the guests of the ~nn.
Promobonal specials, such as oyster roast, crab p~ck~ng or w~ne tasbng, are
permitted prowded the special ~s only available to the patrons of the inn
Signage shall be I~mited to one (1)~dentification s~gn no more than nine (9)
square feet ~n area. There shall be no other signage in or on the windows, doors
or exterior of the building other than emergency or direcbonal signs that may be
required by the Building Code Official.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information.
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~N~ FLOR
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V
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ARCTIC
ALLEY
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~pplicant's Name:
J~4st All Current
Property Owners:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary) ,~/~/
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach fist
i~Check here rf the applicant is NOT a corporation, partnership, firm, or other
~ in co rpo rated organization.
If the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, hst all members or partners in the organization below: (Attach list
if necessary)
E] Check here ~f the property owner is NOT a corporation, partnership, firm, or other
unincorporated orgamzabon
CERTIFICATION' I certify that the information contained herein is true
la~/~accurate'~~~-~atur~r~ ~ PrintName .... ~ '"' '~2-~ /J~~ '"-'~ ~'il ir
Conditional Use Permit Apphcabor~
Page 8 of I2
Planning Commission Agenda
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GREGORY NELSON/# 19
Page 15
List All Current
Property Owners:
APPUCANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary). ~../,¢Z~/
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
if necessary) ~ /, ~
l~Check here if the applicant is NOT a corporation, partnership, firm, or other
~ ,[ihincorporated organization.
If the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
if the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
if necessary)
[:::] Check here ~f the property owner ~s NOT a corporation, partnership, firm, or other
unincorporated organization.
CERTIFICATION: I certify that the information contained herein is true
and. accurate.
...... ,/ ....... ....... P,rintu Name ........................
Conditional Use Permit Appllcabon
Page 8 of t2
Planning Commission Agenda
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GREGORY NELSON/# 19
Page 16
Item #19
Gregory Nelson
Conditional Use Permit
2420 Arctic Avenue
D~strict 6
Beach
July 9, 2003
REGULAR
Robert Mdler: The next ~tem ~s Item # 19, Gregory Nelson.
Gregory Nelson: Good afternoon.
Ronald R~pley: Good afternoon.
Gregory Nelson: My proposal ~s a bed and breakfast, and we want to build th~s on the
comer of 25th and Arctic ~ncorporat~ng the ex~stmg structure.
Ed Weeden: Could you please ~dent~fy yourself.
Gregory Nelson: Gregory Nelson
Ed Weeden: Thank you.
Gregory Nelson: I'm the owner of the property. I've owned it s~nce 1989. And, I don't
know ~f you're famd~ar w~th that neighborhood, in 1989 there was a lot gmng on at that
t~me. And, we pretty much tore the whole face of th~s bmld~ng off and restored ~t back to
the original condlt~on w~th cedar shake, clapboard s~d~ng and tried to keep to the same
aesthetics that ~t always had. What we're proposing ~s a bed and breakfast not only ~n the
ex~st~ng structure but to add on to make the numbers work really. In order to make a bed
and breakfast you have to have so many rooms. The current structure only has enough
space for two rooms. And, that wouldn't even allow for space for a manager. So, we
have to add on to ~t ~n order to accomphsh what were looking for. That addition that we
are looking for which ~sn't up there but I th~nk we have shdes for lt. The yellow ~s the
new addition that would accompany all the new bedrooms. The would allow for guests
to have not only separate entrance off the mmn or the emst~ng structure but each one wdl
also have their own bathroom, which I th~nk ~s very ~mportant. I traveled around North
Carolina and V~rglma staying at bed and breakfasts, and the only th~ng I d~dn't hke was
shanng a bathroom w~th someone down the hall so that ~s very ~mportant to me, that
every guest have their own bathroom. W~th that addition, we are going to keep that same
look, the cedar shake up top and the clapboard look on the bottom. The clapboard on the
bottom wdl be a cement board to not only preserve the look but also preserve the
mmntenance ~ssue, which comes w~th clapboard. Unfortunately, the thing w~th ex~st~ng
structures ~s the clapboard. They decay so quickly that ~t ~s a regular mmntenance ~ssue
So, we're going to try and bnng ~n a natural look but at the same t~me keep the
mmntenance down The tower ~n the middle was really k~nd of designed for the look of
Item # 19
Gregory Nelson
Page 2
not only to observe the ocean from that level, but also the lifeguard museum, which is
just down the street. So, there was some thought process going into that design to
incorporate with rest of the surroundings. The intent is to fully operate as a bed and
breakfast with a manager on site hvlng there on a regular basis, but only operate eight
months out of the year, to be closed for four months out of the year. Until the need arises
to possibly continue four months. I don't see January, February, March and April being
those types of months that will suffice operations. So, we only structured it for eight
months of operation at this time. That could change with the demand with changes that
the City is doing with 31 st Street, with the Pavdlon and everything else that is involved.
But that is how we see it now. With of course 25th Street being one of the only streets
that hasn't been blocked off, there is a lot of traffic, of course coming down 25th and
turning left on Arctic. And with the municipal parking lot there is a lot of visibility for
this site. I think the intention is, and of course since I've been the owner for a long time I
don't plan on bmldlng this and selhng it right of way. I'm planning on keeping it for a
long, long time and maintaining it as a structure that I'm going to be very proud of and
hopefully, the neighbors and everybody else will be proud. My goal is to create a relaxed
atmosphere. A lot of the plans that you see, I mean it's a rough rendenng, unfortunately
it doesn't show all the plans and all the layout but we plan English gardens, beautiful
with little fountains in the front, really dressing up the front so that if someone wanted to
take stroll through the garden they create that relaxed feel, not the hustle and bustle that
may be you can get at the beach front but they can step a little back and a couple of
streets back and go to a bed and breakfast and have relaxation and enjoy themselves
without a lot of the beach front activity. So, that's really the goal, and that is my
marketing strategy is to make sure that I go after that clientele that's going to sit back,
relax and enjoy, not be loud, not be noisy. That's not my intent at all. So, I think we
changed the bedroom. We were looking at trying to squeeze in four people per bedroom,
and I just don't see how that's going to work. There are going to be two bedrooms that
will probably will allow that or two units that will allow that. The other units will only
be two people per bedroom. So, I think it's a total of about 35 occupants that could
actually fit in this bed and breakfast at a full capacity level.
Ronald Rlpley: Are there any questions? I have a couple of questions. You mentioned
the manager on site so you're okay with that.
Gregory Nelson: I planned on having someone living there on a regular basis at all times.
Ronald Rlpley: I'm talking about land use but this part of this whole is the ambiance of
the way you described it, and I think we really like what you have to say there. Can you
enter your property and you go inside, we realize we're moved a way from land use but
what would you see when you walk into your lobby? What would it be like? Are you
planning on doing some special with antiques?
Gregory Nelson: I don't plan on selling any antiques.
Ronald Rlpley: I don't mean sell them but decor, etc.
Item #19
Gregory Nelson
Page 3
Gregory Nelson: The d6cor will go with the beach look. I don't plan on bringing a lot of
heavy antiques into lt. I plan on bnnglng on more of the beach feel into it. I'm not sure
what it's going to be and it's not going to be anything of a wicker type, but may be more
of the and I can't think of the right word but certain furniture that works with the beach
atmosphere.
Ronald Rlpley: Okay
Gregory Nelson: But when you walk into this structure you will have hardwood floors, a
fireplace, and I'm not planning on changing too much of the interior. And, you look into
a dining room, a living room and up to the wing on the left around the right as we look at
it, which was an addition to the house that existed in the older house. That's the
bedroom. So, I plan on creating a little hallway there to allow access to the one unit, the
end unit on the right hand side.
Ronald Rlpley: How about serving you a breakfast? How would you do that?
Gregory Nelson: That would also be in the service area.
Ronald Rlpley: Can you point that out. I'm not sure where that is.
Gregory Nelson: Yeah.
Ronald Rlpley: Mr. Gregory?
Gregory Nelson: There's a pointer?
Ronald Rlpley: Mr. Nelson, Excuse me.
Barry Knight: Top left
Ronald Rlpley: The black thing to the right of you.
Gregory Nelson: Right here?
Ronald Rlpley: Yeah.
Gregory Nelson: As you walk in there's a wall right there. And, then there's a wall here.
And, this is the kitchen area. And, when you walk in there's a split here in the wall that
splits the dining room but still keeps it open So, I was planning on putting a hutch back
here where the kind of breakfast is served. I'm putting a couple of tables in the dining
room, and also I'm having a sit down area up here but it's more w~th the chairs and the
couches and maybe more of the tables that pull out, but I don't plan on making this into a
restaurant style serving area. More of a dining table, more of a home style sort of and
with the hot breakfast, we would have to do a phase in like maybe two breakfasts where
Item #19
Gregory Nelson
Page 4
we would go at eight in the morning and one at ten or something of that nature. Because
this house just could not faclhtate all of this.
Ronald Rlpley: Do you have any opportunity outside to do anything like in the courtyard
area?
Gregory Nelson: Yeah. I thought about that. I'm not sure my neighbors or myself
would like the traffic coming outside. I think it would be wonderful for the guests. I'm
not sure that the neighbors or myself would like people roaming around outside on a
regular basis every weekend eating outside. I think it's a great idea but I don't know how
well that would take.
Ronald Rlpley: Okay.
Gregory Nelson: We may do some trial basis and get a feel for it. One of the things that
I really want to work on with this bed and breakfast is the neighbors. I want the
neighbors to create a lot of the guest issue, tell their friends. We have a wonderful place
to come and stay in Virginia Beach. A lot of the houses in that area are very small. We
have 836 across the street that are very small unit and they want to bnng their guests in
but they may have to put them down in the resort and here you have an opportunity to
bnng someone in the neighborhood and have them stay at a beautiful bed and breakfast.
Ronald Rlpley: And your parking? It says concrete slab. Is that going to be just slab or
exposed aggregated?
Gregory Nelson. Well, I'm thinking more of and because of the drainage issue, I will
have to try to do impervious paver of some sort that will allow the draining rather than
draining right into the alley or into the street or out through the soil in some fashion
because there is a lot of structure there. So, we're going to have to take that into
consideration when we put everything in.
Ronald Rlpley: Okay. Are there any other questions? Thank you.
Robert Miller: We have Mr. Memtt Miller.
Memtt Miller: I'm Merntt Miller. I own the property right next door to the property he
is talking about making into a bed and breakfast. Most of that area is rented property
right now. To afford a bed and breakfast I don't know if I'm really crazy about this or
not To me, truthfully they're for the tourists. You have to stop and think of the people
who own the property and the people who live here that pay the taxes. My taxes went up
28 percent, which is a big jump. They don't raise taxes. They raise the assessment. My
assessment went up 28 percent
Ronald Rlpley: Hopefully, we all know that.
Item # 19
Gregory Nelson
Page 5
Merrltt Miller: I have tried to work with the City as far as getting the alley between his
property and mine black topped. No, we can't do lt. That's only a street on paper. They
black topped between 24th and 25th up to the center and from Arctic to Baltic all the way
across the block. But, the half, where my properties are, they won't black top it. They
can't even get the grader out there to grade it. I've hauled crush and run in myself I paid
to have it done. Every time it rains my house gets flood with water underneath. I need
something done there, but back to the subject here on bed and breakfast I'm not really in
favor of it. The way everything is set up. I noticed back 1988 they changed the zoning
on my property. I was never notified of that. It went to A- 12 from A- 1.
Ronald Rlpley: Are you right next door to the property?
Merritt Miller: I'm right next door.
Ronald Rlpley: So, your JUSt south?
Memtt Miller: Right west of his property. I'm on 25th Street.
Ronald Rlpley: You're on 25th Street.
Merntt Miller: Yes.
Ronald Rlpley: Okay.
Merntt Miller: I've got 408 & 410.
Ronald Rlpley: Okay.
Merntt Miller: But in 1988, they changed the zoning on that property. I was never
notified.
Ronald Rlpley: Is that when they changed it to the RT zone?
Merntt Miller: That is when they changed it to A-12.
Ronald Rlpley: Oh, A- 12.
Charhe Salle': A- 12 and A- 1 are the same thing
Merntt Miller: It is? And, my final thing is I'm not in favor of it. I think for me to
observe some of the thoughts of the people who actually own property around there and
how they feel. We're actually the people that are support Virginia Beach.
Ronald Rlpley: Mr. Miller has a question.
Robert Miller. Question for Mr. Miller
Item # 19
Gregory Nelson
Page 6
Memtt Miller. Yes.
Robert Miller: You rent the properties that you have?
Merrltt Miller: Yes. They are rental properties.
Robert Miller: And you said them was flooding in that area. I think this is one of the
project areas Stephen is It not, for a calming. And, we're also doing drainage
improvements in this area? Is that correct?
Stephen White: That's correct.
Robert Miller: So hopefully that will be something, and the City IS doing some projects
in there. As far as the alley way goes, that should be maintained by Public Works. It is a
public right-of-way. Maybe we will just make a note of that and see if we can't notify
the appropriate people.
Memtt Miller: The trucks and the fire trucks they all could use it.
Robert Miller: Fire trucks go through there?
Merrltt Miller: They can get through them if they have too. I just had three cars towed
out of there this past weekend because they parked out in the alley.
Robert Miller: I think the City has a responslblhty to make sure that alley way 1s
maintained and that the drainage ~mproves. We'll make sure that the staff notifies Public
Works Department and they will follow up. You feel free to call Planning. They'll help
direct you to the people m Pubhc Works to help you with that.
Merrltt Miller: Okay. Thank you very much.
Ronald Rlpley: Kathy Katsias had a question.
Kathy Katslas: Excuse me. You said your property were for rent. You rent them both?
Merrltt Miller: Yes.
Kathy Katslas: On a weekly basis? Yearly basis?
Memtt Miller: No Yearly basis. We got family in both places.
Kathy Katslas: Thank you.
Ronald Rlpley: Are there any other questions? Thank you very much.
William Din: Can you use the pointer and show where you live again?
Item # 19
Gregory Nelson
Page 7
Stephen LaFond: Next to the left. There you go.
Memtt Miller: Right there. That's 408 and 410 is directly behind lt.
Ronald Rlpley: Gene, do you have a question?
Eugene Crabtree: Do you physically live in one of those houses?
Memtt Miller: No, I don't.
Eugene Crabtree: You just rent them. You do not hve on that property that you own.
Merrltt Miller: No, I don't.
Ronald Rlpley: Okay. Are there any other questions? Thank you for coming down.
Robert Miller: Mr. LaFond.
Stephen LaFond: The original building that's being renovated is a temfic looking
building I think. It just looks like it has a beach feel to it, and it probably does have some
sort of historical and architectural significance. But that is only about a third of the
finished product. And, I don't really think it would fit in with a bed and breakfast as we
got the ordinance drafted. The reason being is that the bed and breakfast has to be in a
resldenual structure. It's presumably an existing residential structure not something that
is being created as a brand new venture. That rules out cultural significance, historical
significance or something that you originally had drafted that was over 50 years old. It's
unfortunate that a lot of braidings don't lend themselves to a bed and breakfast because
they are too small, and they are economically not feasible. And, that's what I heard the
apphcant talking about in this case. If that is the situation then I would suggest that he
strongly look some place else or come in before the Board under a different plan because
I think the structure or the drawings that he's done on the rendition really look terrific. I
mean it looks like it will be a great bmldlng. But certainly it would not, I think fall under
the bed and breakfast zoning that you just passed, but probably should be something
under a motel/hotel or whatever I'm a little concern looking at the plans. There are
bathrooms in each of the rooms that appear on the first floor, and I'm not sure or maybe
it's just my ignorance on how the plans are here but it's just open to below if you look at
the second floor plan. And, there's only one bathroom upstairs although it looks like five
or SlX rooms and there is no access to that bathroom from the front room for example.
There is no bathroom in the area that's accessible from most of those rooms unless
they're open to the room that's directly beneath that and again, that could be hke a two
story apartment or townhouse style. Either that or that whole second floor is one unit
which would really be substantial because it would be somewhere in the area of 2,000
square feet. Thank you.
Ronald Rlpley: Are there any questions? Thank you Okay. Mr. Nelson, did you wish
to come back and rebut9
Item #19
Gregory Nelson
Page 8
Anthony Offred~: My card ~s ~n there.
Robert Miller: No sir.
Ronald Pdpley: Please come up.
Anthony Offredl. Thank you.
Ronald Rtpley: Sorry.
Anthony Offred~: Anthony Offredi, 2416 Arctic Avenue. I'm the one that pretty much
effected by this whole proposal. I'm unfortunately deeply in opposition to lt. And, once
I get through my little spiel here you'll understand why. I'm going to pass through.
Ronald Pdpley: Can you point out where your property
Anthony Offredl: Oh sure. Not a problem. I'm right here. That's me.
Ronald Rlpley: Okay.
Anthony Offredl: I want to pass around some pictures and what not, and I also have a
letter from my other neighbor. He couldn't make it because he basically snobers down
here. He does rent his house on a weekly basis but he screens all his chents before they
are allowed to rent. He lives right here. And, this house right here, his grandfather gave
him that is five or slx units. I'm not exactly sure. As you can see ~t's quite a dense area
and if you want to go through with what I have stated here. I'm a current property owner
directly adjacent to 2420 Arctic Avenue. I'm deeply effected by this proposed variance
change. The proposed bed and breakfast will bring great hardship on my family as well
as the neighborhood based on the following. Number one, parking is at a premium in the
area. The cul-de-sac change will now force a change down to Arctic on to 25th Street.
People illegally park up and down 25th Street as well as an alleyway. Tow trucks are now
a constant s~ght ~n the area even w~th off street parking. How is the neighborhood going
to deal with v~s~tors parking on the property? I can tell you right now that Memtt and I
he spent two hours on Sunday taking care of the problem in the alleyway with the police
officers as well as the towing facdltles. And, I was blocked in also and I had to wmt until
the facilities came and this would greatly exacerbate the s~tuatlon. Second, how's the
congestion? Currently all the neighbors just have enough room to feel private yet still in
a close net community. Any more population m the area as well as expansion is going to
cause uneasiness amongst friendly neighbors My backyard is my sanctuary from traffic,
you know, work and the City. I relax and play with my dog and child without feeling hke
I'm being watched. I can't say that I have the same feeling if you're going to be living
next door to a hotel. I feel like I'm going to be watched 24-7. The City has spent
thousands of dollars effectively splitting the residential from the commercial vacation
industry, which we greatly appreciate. The spht physically occurs east of Arctm and the
cul-de-sacs. Although some unforeseen traffic conditions have occurred it was welcomed
by the Old Beach area with open arms. This variance will blow the lines that they spent
Item #19
Gregory Nelson
Page 9
so much time and money developing. Everyone pretty much knows where the residential
area now ~s and where the commercial area ~s and that has been fantastic over the last
couple of months. We really appreciated that. Property values. I have no doubt ~n my
m~nd that the surrounding property values wdl decrease in value. My wife and I spent a
great deal of time and money refurbishing a rundown ranch into a beautiful beach house.
Th~s proposed action will undue any sweat eqmty we put in. Lastly, I can't rinse a family
and retire next to a hotel. If th~s proposed action was next to your two year old daughter,
would you not agree w~th ~t? Imagine what the ramfficat~ons of v~sltors staying for a few
days and dec~ded to use your private yard next door would be a great place to m~sbehave.
Ronald R~pley: Mr. Offredl, you kind of ran out of time. You k~nd of need to summarize
~f you can.
Anthony Offredl: Really, I thought I had ten minutes.
Ronald R~pley: No. Three m~nutes.
Anthony Offred~: Three m~nutes. Okay. If you look on page 7 and 17 in there, ~t
basically shows there are two color pictures ~n there of my backyard and how ~t would be
affected. Basically, this proposal would ehm~nate any privacy that my famdy does have
as a sanctuary.
Ronald R~pley: Do you want these back?
Anthony Offredl: No. They're for you. You can keep them. They're all on file. I have
copies But as you can see, ~t would cause great d~scomfort to me, and my famdy as well
as the neighbors. I feel really hard about coming up here. There have been other
proposals by Greg ~n the past about turning that th~ng into some beautiful town homes
which we came to an agreement back, I th~nk a couple of years ago And, I was all for
those. I lived in a couple of town homes before I actually moved ~nto the property and if
we could go back to that type of atmosphere, I th~nk that would be better for the
neighborhood. I feel this as well as Horace Hanshaw. He's the second page and he's the
other neighbor that wrote a letter and he will down here on the 12th
Ronald Rlpley: Okay.
Anthony Offred~: So, if you want cop~es of the letters, I can give you these.
Ronald R~pley: Does anybody on the Commission have any questions? Mr. Offredl?
Thank you very much.
Anthony Offredl: Thank you.
Gregory Nelson: In reference to Mr. Mdler's concern with the alley, I totally understand
the fact, that my th~nklng ~s to help the alley along by pawng that port~on that the bed and
breakfast joins so that ~t wdl help the flow of the water and th~ngs of that nature and the
Item #19
Gregory Nelson
Page 10
constant mmntenance of that entrance to that alley because the stones are always kicked
around. I'm on a regular basis digging out the sidewalk because of the lowness of that
area creates just a puddhng effect and it's always pond~ng with dirt and salt and things of
that nature. So, that's obwously a need to improve and I'm wllhng to do that. In
reference to the plans as far as the bathrooms and things of that nature, they are probably
80 percent complete so you may not see all the fixtures in the plans. But, every bedroom
or every occupant that would reside in this would have a bathroom. For instance, the top
right there, that's the bedroom. Even though there aren't any fixtures. That's the
bathroom, that's a bathroom w~th a s~ttlng area. So, we did that just to ~mprove
speed~ness to try and make th~ngs move a little faster w~thout the plans. And, ~n
reference to Mr. Offredl's comments in privacy, I'm obviously very concerned about that
~f we were to sw~tch the side to south elevation, I'm planning on putting a large, right
now there's skyrocketing cypress in front of the house. I plan on moving those to the
side. That's the type of plant that you see there. I'm trying to shield and create that
privacy. I'm also plalmlng on putting a fence line around that which emsts now. In fact,
that fence line would be enhanced with a nicer fence and also creating privacy and
preventing people from casualty walking into the neighbor's yard. That ~s why the whole
front yard ~s also proposed to be fenced at a low fence. More of a wrought ~ron look with
the planting which you can just catch a glimpse of the arbor ~n the front there. For that
same issue ~s to create that perimeter to say, "Gus, stay within the perimeter", that type of
s~tuatlon so we hope to control lt. And, as far as cars parking ~n the alley that would have
to be managed on a regular bas~s. I understand that. There are nine parking spots, which
is what the total reqmres for nine bedrooms, and I'm making sure of that there will be
nine parking spots available on site, not off site.
Ronald R~pley: Are the planting that you plan there, are those Leyland Cypress? Mr.
White, do you know?
Stephen White: I don't what they are. Do you know what they are Greg?
Gregory Nelson: The trees that are in front of the house, I beheve are skyrocketed
Cypress. That ~s what I call them. That is what I plan on using ~s the same plant that is ~n
front of the house including those to the rear or to the side and creating that buffer. Not
only front that location but also along 25th Street where the parking ~s. I want to create a
buffer there to so when people drive down the road they don't see that string of parked
cars. So, I'm trying to blanket it and create a little buffer there so it is very appeahng. It's
very ~mportant to me.
Ronald R~pley: Faith, do you know the species your looking for there?
Faith Christie: I don't know what those are. They could be some sort of fir.
Ronald Rlpley: Yeah. They don't look like they are cypress.
Faith Christie: They're not cypress.
Item # 19
Gregory Nelson
Page 11
Ronald Rlpley: They're not cypress.
Gregory Nelson: They've done very well. They've been there from 10-12 years
Ronald Rlpley: See, that's the point. They really don't have much growth to them and
they're pretty narrow. The Leyland Cypress is a normal plant that we use to provide a
buffer. For example, the shopping center that we were looking at earlier today it had
buffered behind the shopping center as a mini storage, Leyland Cypress were put in and
you didn't know the houses were back there.
Gregory Nelson: My only concern is how wide they get. I've taken up half way along
that side because I want to make a nice httle garden pathway between the fence line and
the structure and these stay narrow and they slow at growth but some of those are
approaching 15 feet in height.
Ronald Rlpley. I'd like to see you work that out with staff' and come to term with a plant
that will accommodate your parking with and still get the buffer if this application is
approved.
Gregory Nelson: We can be more than willing to do that.
Ronald Ripely: Ms. Katslas has a question.
Kathy Katslas' Mr. Nelson, the existing square footage of the house now is what?
Gregory Nelson: Approximately 1,800.
Kathy Katsias: And you're increasing it to what?
Gregory Nelson: The new structure, I think is 3,600.
Kathy Katslas. So, it will be a total of what?
Gregory Nelson: 5,400.
Kathy Katslas: With the addition, do you have to go by ADA requirements being that
your going to be renting the house and having people reside there?
Gregory Nelson: I'm not sure. I haven't looked that part up. I do have an elevator
planned for the tower area to be able to move people up and down the floors.
Kathy Katslas' How wide are the bathrooms?
Gregory Nelson: I planned on going along 36 inches and making sure the spaces are
appropriate for any type of handicap.
Item # 19
Gregory Nelson
Page 12
Kathy Katslas: So, you're doubling the size of the existing square footage that
currently is there now.
Gregory Nelson: More than doubling. Yes.
Kathy Katslas: Thank you.
Ronald Rlpley: Are there any other questions?
Charhe Salle': I have a question.
Ronald Rlpley: Mr. Salle'.
Charhe Salle" Would you be agreeable, if you can do it to a limitation on the number of
guests that will be on the premises?
Gregory Nelson: Economically, I would have to look at it. To have a live in manager
and to have all the other things and try to bnng this type of structure into an upscale
environment and provide the aesthetics and architectural features that I want to do
demands a certain number of rooms. And, there's a certain rental factor.
Charhe Salle': Have you come up with a number of guests you have to have'?
Gregory Nelson: Just rooms. Renting out on a six-month level at about 80 percent
occupancy, nine of those rooms being rented out at an average of $100.00 per night.
They are going to vary from $95-150 is what my goal is. The larger rooms obviously and
the better views will obviously push the higher dollar amount.
Charhe Salle': How many people per room?
Gregory Nelson: Two bedrooms or two people in a bedroom in the smaller ones and we
have that's up to six. I'm revisiting some of that because I'm not sure if that's the wisest
move. I think maybe scaling it down to four may be more appropriate. That's for
comfort too. I don't feel comfortable having someone sleep six ~n a room, pullouts and
tripping over each other. I don't think that's appropriate.
Charhe Salle': I have some concerns of that to in terms, I mean you may have the perfect
operation but you may not own th~s property forever and we have four people to a room
and we have nine rooms. And, we have that many people staying in that size facdlty in
that location could be a real issue.
Gregory Nelson: But if we need to put an occupancy level on ~t, we could address that I
guess.
Charhe Salle': The bmld~ng would have code reqmrements that would do that anyway.
Item #19
Gregory Nelson
Page 13
Ronald Rlpley: What did you have in mind Charhe?
Charhe Salle': I was thinking two per room and that would make it 23 guests.
Gregory Nelson: Could we have 20 maximum of some sort where we can put three in a
room? I mean by doing two in a room you're minimizing your market. Many people that
come in with a child or something to that nature that you're just killing that whole market
setting. I just don't see how that would be feasible. That's why I think at least one of the
bedrooms is going to be four per room because some have two children. The average
family is 2.2 children in America. So, this is an ideal location for a lot of Washington
DCers to drive away and get away and I just think its perfect for
Charhe Salle': Well, I'm not expert in this field and I don't know what the number
should be but it just seemed to me that there ought to be some constraints on how the
operation should work.
Gregory Nelson: I understand. I think four to a room and I might be willing to look at
that. I think six is too much. That was my original plan and every time I think about it, it
scares me so I think I should scale it back down to four
Charhe Salle': Four to a room would be in access to what I think it should be on this
property.
Gregory Nelson: Not every room though. That would only be two rooms out of all nine.
Robert Miller' You said a minute ago 20. Is that a limit you could live with?
Gregory Nelson: Yeah I think 20 occupants would be probably reasonable. I think 25 is
more reasonable. I really do. It's how you can market the rooms. If I'm limited to 20,
that means almost two per room. If I have two in each room and there's nine room, that's
18 that only allows me one room to go to four. And, if I start seeing a number of people
wanting three sleeping arrangement, and I have the ability to have at least four rooms that
could supply that space of three, I'd just kill the large market segment and therefore it
could cause me to suffer as far as a successful bed and breakfast.
Charhe Salle': I've never stayed in a bed and breakfast so I'm not an expert in anyway.
But it just seems to me that what you're talking about when your catering to a couple of
children and so forth that you're getting out of what I consider to be a bed and breakfast
operation and more in to what I consider a motel operations
Gregory Nelson' Well, that's a good point. I consider who stays at bed and breakfast
and typically it's professionals traveling but we're in a different market then most bed
and breakfasts. We're at the beach And a large portion of the segment that comes to this
area are famlhes and if I'm not mistaken, that is what Virginia Beach is looking for is a
more of a family oriented type of clientele and if we're going to go after that market I
would think the bed and breakfast should also have that small opportunity for that. I'm
Item #19
Gregory Nelson
Page 14
not asking for the whole bed and breakfast but maybe we limited six of the rooms for two
bedrooms and the remaining three rooms to be four to a bedroom. I think that's
appropriate So, that would be actually 30. Is that 24?
Eugene Crabtree: Twenty-four people.
Ronald Rapley: Okay. Yes, Barry do you have a question?
Barry Knight: I noticed in the ordinance under bed and breakfast inns, number three it
addresses food and beverages may be served only if expressly permitted by a Conditional
Use Permit in no event shall sitting capacity exceed 25 persons. That's the only place
where I see a number mentioned in here. And, it kind of seems based on the numbers
that I come up with that 25 persons maximum occupancy would certainly be a number
that I could live w~th, Just to throw that out. But we do have that number under the food
service category.
Ronald Rlpley: Are there any other questions of Mr. Nelson? Thank you very much.
Joseph Strange: Am I to assume that you never actually ran a bed and breakfast before?
Gregory Nelson: No. I've not run abed and breakfast. I've had restaurant experience but
not bed and breakfast experience.
Ronald Rlpley. Thank you very much.
Gregory Nelson: Thank you.
Ronald Ripley: Okay. Let's open this up to discussion amongst ourselves here. Does
anybody want to lead off?.
Kathy Katslas: Well, I think Mr. Nelson was very Arctlculate in describing in the
beginning as to what his bed and breakfast would be hke. Continuing on, it seems to me
he is trying to squeeze in as many people as possible and not have the charm of strolling
in the garden. And, just trying to get as many people in the rooms and I think 20 people
and four people to a room would be very crowded. And, he's doubhng the size of the
structure that is currently there So, I feel like, getting back to the ordinance it doesn't
comply what original ordinance we just passed. So, I'm really strugghng with approving
this apphcatlon.
Ronald Ripley. So, the occupancy is an issue, sounds hke to me to be a big concern. Jan,
do you have a comment?
Janlce Anderson: Yes. I like the appllcat~on. I think a bed and breakfast down at that
part of the resort strip where the residents already have residential housing would be
some alternative to those who come with big hotels. That area it has a lot of rental if you
look at the picture. What he is proposing is a great improvement I looked around that
Item # 19
Gregory Nelson
Page 15
section and there are small older houses there and ~t ~s mostly residential. So, when
you're adding something hke this I th~nk ~t ~s going to be an asset and not worldly work
agmnst h~m. If you got rental properties all around, you can rent next door to rowdy
person and they're going to be there for a year, but ~f you got a rowdy tenant maybe they
wall be gone ~n a week. So, I really wouldn't take that bad by hawng this that you're
going to have a rowdy person next door. So far as whether ~t comphes w~th the ordinance
we just passed, I th~nk the ordinance says ~t should be a primary residential place and he
~s starting w~th a primary residential umt. I don't th~nk any bed and breakfast really don't
have any kind of ~mprovement ~n trying to modify an old house to make a bed and
breakfast. You're going to have to take some kind of ~mprovement. The overall land
coverage of the proposed bmld~ng, he's actually going less than what ~s zoned under the
A-12. So, he meets that reqmrement. He probably could have more umts ~f he wanted to
put condos or have mult~ famdy umts there. Actually, four months out of the t~me ~t
won't be used so you've got some low t~me there. If you're going to have a manager on
duty 24 hours you're going to have that hve ~n manager to control th~ngs if they get out of
s~te. You have someone to call and strmghtened th~ngs out. But, I th~nk that ts going to
be the whole d~fference. And, so far as the k~nd of chentele that ~t will bnng, I know the
concern w~th the Oceanfront and the tourists, you'll get younger, I think this is going to
be an older crowd. I guess there are studies on who stays at bed and breakfast but I don't
th~nk ~t's going to be as crowded. The clientele that you're asking to come into the
neighborhood ~s not going to be the young 18 year olds who pile e~ght ~nto a room. I
don't have any problem w~th that. Barry suggested hm~t~ng ~t to 25 percent mammum
occupancy. But, I th~nk it's a positive move, on that end I will support ~t.
Ronald R~pley: Thank you very much. Barry, do you wish to make a comment?
Barry Kmght: We went by there and looked at the place the other day. It's a central
scene that old house and as he expands some of these other rooms, I've been at some bed
and breakfasts that are hke that also, and I certmnly th~nk and hope that he'll focus as h~s
theme "the old structure" that's there in keeping w~th the general concept of our
ordinance and general theme of a bed and breakfast down there. And, where I came up
w~th the number is, and he says he going to rent rune rooms for compensation. That
would g~ve h~m seven rooms w~th two folks in ~t, which ~s 14, two rooms w~th four,
which g~ves you 22 and he has th~s other room for his own personal manager or h~mself
and his wife and k~d whatever, which g~ves us a maximum of 25 and that would be
consistent w~th the 25 mammum seating as far as eating is concerned. And, I would
support but I would hke to see as a condition put ~n there of maximum occupancy rate
and the number that I throw out right now would be 25 but I would be open on the
number
Ronald R~pley: Does anybody else have any comments? Will D~n.
Wdham Din: I hke the concept of the bed and breakfast. And, I th~nk this apphcat~on
has a lot of merit to ~t In looking at what he is trying to do here, I think h~s ~ntent ~s very
good. He's got very race elevations as we see here. I am a httle concern w~th the size of
th~s th~ng on this piece of property, just as one of our speakers mentioned that ~ts hard to
Item #19
Gregory Nelson
Page 16
tell how much of the original house is being retained here. And like Barry, I think since it
is and I've never stayed at a bed and breakfast but I would like to see th~s original house
be the main focal point of how this design comes out. And, I can understand that you
have to have some addition to it in order to accommodate the rooms that he is seeking to
have in his bed and breakfast I like the concept. I know this is all new to everybody and
not having experience a bed and breakfast myself I think it's a good starting point for
these things. And, I think our ordinance will be refined as we go through th~s thing and I
think the applications that we see will probably be refined. I think there is a lot of rental
in this area. And, this sort of fits into that to some degree but it will provide some
additional adversity of the type of rental property that is available for a place you can stay
at the beach. I think bed and breakfasts are needed here and I think I can support this
issue.
Ronald Rlpley: Thank you Will. Gene, do you have a comment?
Eugene Crabtree: Yes. I agree with what Will said and I agree with Barry in the fact that
we need to put a limitation on the occupancy of this and it should be limited to and I
don't know if four people in a bedroom because I agree with some of the comment that a
family comes in with one child is one thing I know some come in with two. I don't
know if we need more than 25. Since the ordinance says 25, I think 25 would be a
feasible figure to say maximum occupancy of the building. And, I do agree that we do
need bed and breakfasts in this area.
Ronald Rlpley: Okay. Coming up with the numbers is kind of difficult. I know
particularly with bed and breakfasts. Typically, I know my children are gone, and if I
didn't have a place with a pool I would have been killed. When we showed up we would
have to go some place else. So, typically in a bed and breakfast you don't have children
or have a lot of children if you do. And, in this case you might have some because we
market our city as a family oriented city so definitely will probably have some and that
would make a difference. And, if we could go back to the site plan that shows the first
floor, the site plan Itself?. I found that when I look at it from Arctic, the scale and I think
the way the addition is being added to the side, it doesn't over mass the site because the
bulk of the improvements are occumng towards the rear and of course its along the 25th
Street side and that kind of step back to which I think helps. When I look at this I think
well it's not going to be that out of scale, and I believe the concern of the neighbor being
next door, and I think if we can address the landscaping in site plan review, I think that
would be critical to having this fit in with the neighborhood better. I like the apphcat~on
also. I think it does make senses in our community, and it pamcularly makes sense from
a Comprehensive Plan point of view, and I'm really afraid that to pick a number for this
man's occupancy because it does dictate what he can and can't do as far as the economic
viability of his business plan, but on the other hand I think if you don't you probably will
put too many people in there or you could potentially put to many people and then you've
caused a problem with the neighbors. So, I think we probably do need to pick a number
25 or Charhe was at 20. This is being arbitrary but I think 25 makes sense also. Mr.
Mdler?
Item #19
Gregory Nelson
Page 17
Robert Miller: I'd like to make a motion.
Ronald Rlpley: Go ahead.
Robert Miller: That we approve the application and that we limit the occupancy to 25.
Ronald Rlpley: We got a motion by Mr Miller.
Charhe Salle': I'll second that but I think in Condition 2, we might have to clean up a
little bit where it says, "one additional room may be provided to on site manager" I
guess we can just take that out. That's required now I guess.
Robert Miller: We can change it to will be provided.
Charhe Salle': It's either shall be can come out or the ordinance requires it.
Robert Miller: I agree.
Charhe Salle': With the understanding that the 25 occupants will include the manager.
Ronald Pdpley: Kay, you okay with that?
Kay Wilson: So, there will be five conditions.
Robert Miller: Five conditions.
Ronald Rlpley: Okay, we have a motion and a second with the additions that were said.
Does anybody else have anything to add? Let's call for the question.
Ed Weeden: Ms. Anderson?
Jamce Anderson: Yes
Ed Weeden: Mr. Crabtree?
Eugene Crabtree: Yes.
Ed Weeden: Mr. Din?
Wflham D~n: Yes
Ed Weeden: Ms. Katslas?
Kathy Katslas: Yes.
Ed Weeden: Mr. Knight?
Item #19
Gregory Nelson
Page 18
Barry Knight: Yes
Ed Weeden: Mr. Miller?
Robert Miller: Yes.
Ed Weeden: Mr. Rlpley?
Ronald Rlpley: Yes.
Ed Weeden: Mr. Salle'?
Charhe Salle': Yes.
Ed Weeden. Mr. Strange?
Joseph Strange: Yes.
AYE 9
NAY 0
ABS 0
ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
ABSENT
ABSENT
Ed Weeden By a vote of 9-0, the motion passes with the five conditions
Ronald Rapley: Okay. I think that 1s all that we have on our agenda today. Stephen,
thank you all very much for an excellent agenda and excellent package.
Stephen White: Thank you.
Ronald Rlpley: We're adjourned.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ocean Beach Club, L.L.C. - Change of Zoning District Classification
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Apphcabon of Ocean Beach Club, LLC for a Change of
Zoninq District Class~flcabon from RT-1 Resort Tourist D~stnct to Conditional RT-
2 Resort Tourist District on property located on the west s~de of Atlanbc Avenue,
beginning at a point approximately 80 feet south of 34th Street (GPIN
2428032152, 2428033031) The Comprehensive Plan recommends use of th~s
property for resort uses including lodging, retail, entertainment, recreabonal,
cultural and other uses DISTRICT 6 - BEACH
The purpose of th~s request ~s to construct a two-story building that w~ll have
retail uses on the first floor and convenbon / meebng fac~l~bes on the second
floor The proposed building w~ll complement the proposed hotel on the east s~de
of Atlanhc Avenue, d~rectly across the street
Considerations:
The property ~s currently occupied by a "Real Italian Ice" fac~hty and a gravel
parking lot. The s~te ~s zoned RT-1 Resort Tourist
The s~te was rezoned from B-1 Retad Bus~ness to M-H Motel-Hotel and a
Cond~bonal Use Permit was approved for 87 mulbple-famdy dwelhng units ~n
November 1973 W~th the adoption of the Comprehensive Zoning Ordinance ~n
November 1973, the s~te was zoned H-2 Hotel DIstnct From April 1988 to the
present, the s~te has been zoned RT-1 Resort Tourist D~stnct
The submitted s~te plan depicts a proposed budding of 195 feet ~n length and 65
feet ~n w~dth. The proposed budding wdl be 22,200 square feet and ~s situated
five feet from the property hnes along Atlantic Avenue and 34th Street A parking
garage ~s planned for the s~te as part of a hotel project on the Atlantic Ocean side
of Atlantic Avenue
Planmng Commission placed th~s ~tem on the consent agenda because the
zoning change to RT-2 ~s consistent w~th the RT-2 zoning predom~nately found
on the west s~de of Atlanbc Avenue, the zoning change w~ll provide for amenities
associated w~th the development of a quality hotel and conference center ~n th~s
Ocean Beach Club
Page 2 of 2
area of the Oceanfront Staff recommended approval as proffered There was
no oppos~bon to the request
· Recommendations:
The Planning Commission passed a mobon by a recorded vote of 10-0 to
approve th~s request as proffered
Attachments:
Staff Review
D~sclosure Statement
Planning Commission M~nutes
Locabon Map
Recommended Action: Staff recommends approval Planmng Commission recommends
approval
Submitting Department/Agency: Planning Department~f(~¢i~,l_,~ .~
City Manager' ~'~, ~ "~'~'~
OCEAN BEACH CLUB, LLC/# 3
July 9, 2003
General Information:
APPLICATION
NUMBER: M05-210-C RZ-2003
REQUEST:
ADDRESS:
Change of Zoning Distri ct Classifcation from RT-1 Resort Tourist to
Conditional RT-2 Resort Tourist
Property located on the west side of Atlantic Avenue, 80 feet south of
34th Street
Ocean Beach LLC
Gt~ 2428-03-Z152, $031
GPIN-
ELECTION
DISTRICT:
24280321520000
24280330310000
6 - BEACH
IIIIIIiiii III
Planning Commissio 'Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC i # 3
Page 1
SITE SIZE' 10~ 511 square feet
STAFF
PLANNER:
PURPOSE'
Faith Chrisbe
To construct a two-story budding that will have retail uses on the first
floor and convention / meebng facihbes on the second floor The
proposed building w~ll complement the proposed hotel on the east side
of Attanbc Avenue, directly across the street
Major Issues:
· Consistency w~th the Comprehensive Plan recommendations for the resort
area.
Land Use, Zoning, and Site
Characteristics:
Existing Land Use and Zonin_cj
The property ~s currently occupied by a "Real
Itahan Ice" facility and a gravel parking lot The
s~te ~s zoned RT-1 Resort Tourist.
Surrounding Land Use and Zoninq
North:
South:
East:
West:
34th Street
Across 34TM Street ~s the Mayflower apartment
building / RT-2 and RT-3 Resort Tourist d~stricts
A new "Sunsabons" retail shop / RT-2 Resort
Tourist
Atlantic Avenue
Across Atlantic Avenue ~s the Budget Lodge / RT-
l Resort Tourist
Vacant undeveloped property / RT-1 Resort
Tourist
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC ! ~ 3
Page 2
Zoning and Land Use Statistics
With Existing
Zoning:
Any of the uses allowed in the RT-1 Resort Tourist
D~strict such as hotels and motels, public buildings and
grounds, museums, temporary commercial parking
lots, restaurants operated m conjunction w~th a hotel or
motel, parking structures, and recreational and
amusement facdit~es.
With
Proposed
Zoning'
Retail uses and a conference center
Zonin_q Histow
The stte was rezoned from B-1 Retail Business to M-H Motel-Hotel and a Conditional
Use Permit was approved for 87 multiple-family dwelling units ~n November 1973. With
the adoption of the Comprehensive Zoning Ordinance in November 1973, the site was
zoned H-2 Hotel district, From April 1988 to the present, the sIte has been zoned RT-1
Resort Tounst distnct.
~i,r, Installation Compatible U...s.e. Z0ne (AiCUZ)
The site ~s in an AICUZ of 65-70dB Ldn and 70-75dB Ldn surrounding NAS Oceana.
The United States Navy has rewewed the request and has no comment
Public Facilities and Services
Water and Sewer
The site must connect to the available City water and sewer
Transportatio,q
Master Transportation Plan (MTP) i Capital Improvement Program (CIP):
Atlanbc Avenue in front of this s~te ~s classified as a major urban c~ty street.
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC 1 ~ 3
Page 3
Traffic Calculations:
Street Name
Atlantic Avenue
Present
Volume
2,649 ADT ~ :
Present
Capacity
7,300 ADT ~
Generated Traffic
The majority of the chentele
frequentmg the establishment
will hkely be pedestrians,
therefore, the number of trips
cannot be effectively calculated.
Average Da~ly Tnps
Public Safety
Police:
Fire and
Rescue:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
prevention techniques and Cnme Prevention Through
Environmental Design (CPTED) concepts and strategies as
they pertain to this site.
A fire hydrant must be located within 400 feet of a commercial
structure. Additional Fire Department concerns will be
addressed during detailed site plan review.
A Certificate of Occupancy must be obtained from the Building
Code Official before occupancy of the building. Fire code
permits may be required at the time of occupancy
Comprehensive Plan
The Comprehensive Plan Map designates this area as the Resort Area planned for
resort uses including lodging, retail, entertainment, recreational, and cultural uses.
Summary of Proposal
Proposal
..... ::::::::::::::::::::
· The applicant proposes to rezone the site from RT-1 Resort Tourist to RT-2 Resort
Tourist in order to construct a retail / conference center The retatl shops will occupy
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC / # 3
Page 4
the first floor of the building; the convention / meeting space will occupy the second
floor of the building The development is part of the proposed Ocean Beach Club
hotel development that is proposed to the east, across Atlantic Avenue.
Site Desian
· The submitted site plan depicts a proposed building of 195 feet in length and 65 feet
in width. The proposed building will be 22,200 square feet. The proposed building is
situated five feet from the property lines along Atlantic Avenue and 34th Street.
Vehicular and P~destrian,,,, ,Access
· Pedestrian access is provided along Atlantic Avenue and 34th Street. A pedestrian
bridge over Atlantic Avenue is also shown on the conceptual master plan connecting
the hotel complex with the conference center. The pedestrian bridge is not a
component of this rezoning request. The applicant will seek approval from the City
Council for the bridge through a separate process.
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC / # 3
Page 5
A parking garage ~s planned for the site as part of the hotel project. Staff did not
receive detailed plans for the parking garage and cannot comment on vehicular
circulation at this bme. The conceptual plan (above) shows vehicular access to the
garage from 34th Street and Pacific Avenue.
Arch]tect,ural Design
· The submitted elevation depicts a two-story building, designed in a modified "prairie"
style of architecture. The proposed extenor of the proposed building is cream color
exterior insulated finishing system (EIFS). The roof is a modified hip roof of standing
seam metal, green in color. Triangular shaped vented dormers provide architectural
relief in the roof. At the northern end of the building the roof is shaped in a pagoda
style.
Landscape and Open Space
· The submitted landscaping plan depicts foundation screening along the building
walls facing both Atlantm Avenue and 34th Street. The proposed plants are of the
specIes that staff recommends for use at the oceanfront.
A decorative water feature (fountain) is depicted at the northeast corner of the
building.
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC / # 3
Page 6
Proffers
PROFFER # 1
Staff Evaluation:
The architectural design and color of the structure
constructed on the Property shall be substantially
compatible with the architectural style and colors depicted
~n the rendering enbtted "Ocean Beach Club- Gold Key
Resorts Retail/Conference Center Atlanbc Ave
Elevation" prepared by NCG Architects, Inc submitted by
the Grantor in connecbon w~th the Rezoning apphcabon,
and on file with the Ptann~ng Department of the City of
Virginia Beach
The proffer ~s acceptable It insures that the proposed
retail/conference center will be constructed substantially
m accordance with the submitted etevahons The proposed
building will be complementary and accessory to the hotel
facility proposed to the east.
City Attorney's
Office:
The C~ty Attorney's Office has reviewed the proffer
agreement dated 11 June 2003, and found ~t to be legally
sufficient and in acceptable tegal form
Evaluation of Request
The request to rezone the s~te from RT-1 Resort Tounst to Cond~bonat RT-2 Resort
Tounst to construct a retail / conference center ~s acceptable as proffered The request
~s ~n keeping with the recommendabons of the Comprehensive Plan The development
of this site in conjuncbon w~th the redevelopment of the hotel s~te to the east w~tl prowde
a quality hotel and conference center In this area. Staff recommends approval of the
request for a Rezon~ng from RT-1 Resort Tounst to RT-2 Resort Tou.r~st ~n order to
develop a retail t conference center as proffered
NO TE:
" ......... Further c'onditi~'nS may b'"e""~equire~i' durin~ the'
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
.... ,a, pplica.b.,!,,e .City Codes;
Planning Commission Agenda
July 9, 2003
OCEAN BEACH CLUB, LLC t # 3
Page 7
ILl
,0 ~9
I
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Z
Planning Commission Agenda
July 9, 2003
Error! Reference source not found
Page 8
Planning Commission Agenda
July 9, 2003
Errod Reference source not found
Page 9
/o0 'OZ.
Planning Commission Agenda
July 9, 2003
Error! Reference source not found
Page 10
Planning Commission Agenda
July 9, 2003
Errod Reference source not found.
Page 11
2:
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2:
Planning Commission Agenda
July 9, 2003
Errod Reference source not found
Page 12
Z
Z
Z
DISCLOSURE STATEMENT
Applicant's Name
List All Current
Property Owners
~._Ocean Beach Clu~%~ ....
Ocean Beach Club,LLC
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, hst all officers of the Corporabon below
(Attach hst ~f necessary)
If the property owner ~s a PARTNERSHIP, FIRM, c)r other UNINCORPORATED
ORGANIZATION, hst all members or partners ~n the orgamzatlon below. (Attach list
tf necessary)
Please see attached.
[] Check here ~f the property owner ~s NOT a corporabon, partnership, firm, or other
umncorporated orgamzatlon
If the apphcant ~s not the current owner of the property, complete the Apphcant D~sclosure
section below:
APPLICANT DISCLOSURE
If the property owner ~s a CORPORATION, hst all officers of the Corporabon below
(Attach hst ff necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, hst all members or partners m the orgamzabon below (Attach l/st
/fnecessary)
[] Check here ~f the property owner ~s NOT a corporation, partnership, firm or other
umncorporated orgamzahon
CERTIFICATION I certify that the information contained herein is true
~nd accurate. ~
;. - V~c¢ Pres~de~ of
~gnature . ~ ,~:%~ Print Name
.~a~a~ n~ Mem~er :,, :, .............................. , ......
Cond~bonal Rezomng Apphcat~on
Page 10 of 14
Planning Commission Agenda
July 9, 2003
Error! Reference source not found
Page 13
MEMBERS OF OCEAN BEA CH CLUB, LLC
BQTS Assocmtes, Inc (Managing Member)
Members of BQTS Assocmtes, Inc:
Bruce Thompson, President
David Sh~vely, Vice President
Mmhael Poch, Secretary Treasurer
Tradewmds, L C
Members of Tradew~nds, L.C..
M~d~Atlant~c Credit Inc.
Professional Hosp~tahty Resources
Bruce L. Thompson
K~mberly M~dgett
Charles J. Sass
Ronelle Camper-Leach
James P McAlhster
John L. Houser, Jr
Carmela Houser
L~nda L Markert
Michael Pooh
Mark D. Rondeau
Thomas G. Griffin
Michael H. Levmson
Other Members:
F A. Haycox
Mart~n Palac~os
John Shelhorse
Charles Cole
William Rountme
Dr. Robert Martin
Janet Martin
Mmhael Poch
M~chael Lcwnson
David Sh~vely
Hosp~tahty Associates
Beam Reach
Planning Commission Agenda
July 9, 2003
Errod Reference source not found.
Page 14
Item #3
Ocean Beach Club, LLC
Change of Zoning District Classification
West side of Atlantic Avenue
District 6
Beach
July 9, 2003
CONSENT
Ronald Rlpley: We'll bring this meeting back to order. We've been told that the
recording machine is working but as far as the voting machine, it doesn't work We'll
vote by hand When we get to a vote, it will be Yes or No. Your name will be called out.
Correct? Okay. We are at the Consent agenda portion of our agenda. These items as
you heard earlier are items that we think should be recommended to Council to be
approved. We've reviewed them and staff reviewed them. We believe that they are
appropriate to move on with an affirmative vote. So, Charlie Salle' is going to conduct
this portion of the meeting. And Charlie, would you please go through the consent
agenda?
Charlie Salle': Certainly. When I call your application item, will the applicant or the
applicant's representative, please come forward to the podium. The first item is Item #3,
Ocean Beach Club, LLC, which is a request for a Change in Zoning Classification from
RT-1 Resort Tourist to a Conditional RT-2 Resort Tourist. The property is located on the
west side of Atlantic Avenue, 80 feet south of 34th Street.
Tom Kleine: Good afternoon Mr. Chairman. For the record, my name is Tom Kle~ne.
I'm an attorney with Troutman Saunders here in Virginia Beach. And, I'm here on
behalf of Ocean Beach Club, LLC
Charlie Salle': That's a proffered rezomng so no conditions. Is anybody opposed to this
application? Thank you.
Tom Klelne: Thank you Commission.
Charlie Salle': I would move that we approve the consent agenda Item #3
Ronald Ripley: So we have a motion to approve the consent agenda as read by Charlie
Salle'. Do I have a second? I have a second by Gene Crabtree. Prior to the vote, I'd like
for the benefit of the public and the benefit of the readers of this verbatim, I've asked a
number of the Commissioners to comment on the position of the Commission on these
various different items. So, I'm going to start with Item #3 And Joe, I think you're
going to take this one.
Joseph Strange: That's right Ron. Item #3 is a change of Zoning District Classification
from RT-1 Resort Tourist to Conditional RT-2 Resort Tourist. This is necessary to
Item #3
Ocean Beach Club, LLC
Page 2
construct a two-story building that will have retail uses on the first floor, and convention
and meetings on the second floor. The proposed building is being designed to
compliment the proposed hotel on the east side of Atlantic Avenue The request comes
with one proffer that the Planning Department has approved It has to do with l he color
and architectural design to make sure that it is compatible with the hotel that was going to
be built across the street. The majority of the clientele that would be visiting this site
would be pedestrians so traffic is not an issue here at this point. And together the two
projects will provide a quality hotel and a conference center for this area an opportunity
Ronald Rlpley' Joe, thank you very much. I hope the public has a better understanding
as to why we we're recommending this consent item and that's the purpose of this
discussion. We do have a motion on the floor and I believe we have a second. [ would
like to call for the vote So all in favor of the motion raise your hand. Opposed?
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
ABSENT
ABSENT
Ronald Rlpley: The motion carries.
Item #3
Ocean Beach Club, LLC
Page 3
Map M-5
Not to Scale
Ocean
Beach
b, LLC
Gpin 2428-03-2152, 3031
ZONING HISTORY
1 11-12-73 -- Rezoning (B-1 Retail Bus~ness to M-H Motel-Hotel) and a
Conditional Use Permit (Multiple-family dwellings- 87 un~ts)- Approved
4-16-73 -- Street Closure - Approved
2. 1-14-97 -- Enlargement of a Nonconforming Use - Approved
3. 9-10-96 -- Conditional Use Permit (W~reless Commun~cabon Facility) -
Approved
6-11-90 -- Conditional Use Permit (M~n~-golf) - Approved
4 9-26-88 -- Rezoning (A-12 Apartment to RT-4 Resort Tourist) - Approved
9-26-88 -- Conditional Use Permit (Home for the Aged) - Den~ed
11-13-86 --Rezoning (A-1 Apartment to B-4 Resort Commercial)-
W~thdrawn
5 6-13-88 -- Change in a Nonconforming Use - Den~ed
FORM NO P S liE)
OUR
City of Virginia Beach
I~TER-OFFICE CORR~SPOIqOE~ICE
In Reply Refer To Our File No. DF-5713
DATE: July 31, 2003
TO: Leslie L. Lilley-~ DEPT: City Attorney
FROM: B. Kay Wilson~k.~TM DEPT: City Attorney
Conditional Zoning Application
Ocean Beach Club, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 12, 2003. I have reviewed the subject proffer agreement, dated June
11, 2003, 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
Enclosure
Document Prepared By and Return to:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
Phone: 757-687- 7500
Facsimile: 757-687-7510
AGREEMENT
THIS AGREEMENT, made this///~
day of June, 2003 by and between OCEAN
BEACH CLUB~ LLC, a Virginia hmited liability company (hereinafter referred to as
"Grantor"), the owner of certain of property generally located on the west side of Atlantic
Avenue, between 34th Street and 33ra Street, in Virginia Beach, Virginia; and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of V~rginia (hereinafter
referred to as "Grantee").
WITNESSETH:
WHEREAS, all of the Grantor's property described as set forth on Exhibit A is zoned
RT-1, and the Grantor has initiated an amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee, so as to change the zoning classification of
a portion of the Grantor's property from RT-1 to RT-2 Conditional;
WHEREAS, the portion of the Property subject to the Grantor's rezoning request
contains approximately 10,511 square feet, is more particularly described in the attached Exhibit
B, and is the only portion of the Grantor's property subject to Grantor's rezoning request and this
Agreement (the "Property").
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
uses conflict, and that in order to permit differing uses on and in the area of the 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
GPIN: 2428-03-2152; 2428-03-3031
community that are not generally applicable to land similarly zoned RT-2 are needed to cope
with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing ~n 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 ex~sting RT-2 zoning district by
the existing City's Zomng Ordinance (the "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 Zomng Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which ~s generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor 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; prowded, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
~mplementation 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 w~th said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's 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 subdiwsion approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
2
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "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 Grantor, it's heirs, personal representatives, assigns, grantees and other successors in ~nterest
or title, namely:
1. The architectural design and color of the structure constructed on the Property
shall be substantially compatible with the architectural style and colors depicted in the rendering
entitled "Ocean Beach Club -- Gold Key Resorts Retail/Conference Center Atlantic Ave.
Elevation" prepared by NCG Architects, Inc., submitted by the Grantor in connection with the
rezoning application, and on file with the Planning Department of the City of Virginia Beach.
Further conditions mandated by applicable development ordinances 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 zomng 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 Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or stat 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
~ssuance 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 Grantor shall petition the govermng body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall 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 conchtions may be made readily avmlable 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 Grantor and Grantee.
[Remainder of Page Intentionally Left Blank]
[Signature page to Agreement]
GRANTOR:
OCEAN BEACH CLUB, LLC
David Shively,
Associates, Inc., Managing
Beach Club, LLC
Member
of BQTS
of Ocean
Commonwealth of Virginia
City of Virginia Beach, to-wit:
The foregoing instrument was acknowledged before me this !~ day of ,) c~ ~
2003, by David Shively, Vice President of BQTS Associates, Inc., Managing Member of Ocean
Beach Club, IJI~C. He is personally known to me.
My Commission Expires:
Notary Public
237417v2
EXHIBIT A
ALL THAT certain piece or parcel of land, together with the improvements thereon and
the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Virginia, and being more particularly described as follows:
PARCEL I: Beginning at a point in the Southwest intersection of Atlantic Avenue and a
twenty (20) foot lane bisecting Block 79, as shown on the Plat Number 3 of the Virginia Beach
Development Company, duly of record in the Clerk's office of the Circuit Court of Virginia
Beach, Virginia, in Map Book 3, at page 177; thence in a southerly direction along the western
side of Atlantic Avenue forty (40) feet to a point; thence in a westerly direction and parallel to
the north side of 33rd Street, one hundred forty (140) feet to a point; thence in a southerly
direction and parallel to Atlantic Avenue, one hundred (100) feet to the north side of 33d Street;
thence in a westerly direction along the north side of 33rd Street, one hundred eighteen (118) feet
to a point in the eastern line of Pacific Avenue, one hundred forty (140) feet to a point; thence
east along the southern side of the aforesaid twenty (20) foot lane two hundred fifty-eight (258)
feet to a point of beginning; and said parcel is comprised of the north forty (40) feet to lots one
(1) and two (2), the north forty (40) feet to the eastern forty (40) feet of Lot three (3), the western
ten (10) feet of Lot three (3), Lot four (4), the eastern thirty-eight (38) feet of Lot five (5), all in
said Block seventy-nine (79), and the twenty (20) foot strip adjoining said Lot five (5) on the
west, conveyed to Sea Pines Corporation by the City of Virginia Beach, by deed dated May 14,
1951, and duly recorded in said Clerk's Office in Deed Book 295, at page 486.
PARCEL 1I: Beginning at a point in the northwest intersection of Atlantic Avenue and
the aforesaid twenty (20) foot lane bisecting said Block seventy-nine (79); thence in a northerly
direction along the western side of Atlantic Avenue one hundred forty (140) feet to 34th Street;
thence in a westerly direction along the southern side of 34th Street, two hundred fifty-eight (258)
feet to the eastern line of Pacific Avenue; thence in a southerly direction along the eastern line of
Pacific Avenue one hundred forty (140) feet to a point; thence in an easterly direction along the
northern side of the said twenty (20) foot lane two hundred fifty-eight (258) feet to the point of
beginning; said parcel is comprised of lots six (6) through nine (9) and the eastern thirty-eight
(38) feet of lot ten (10), in said Block seventy-nine (79) and the twenty (20) foot strip adjoining
the said lot ten (10) on the west conveyed to Sea Pines Corporation by the City of Virginia
Beach, by deed dated May 14, 1951, and duly recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, in Deed Book 295, at page 486.
PARCEL 1II: All that certain alley or lane, situate in the Virginia Beach Borough of the
City of Virginia Beach, Virginia, twenty (20) feet in width and extending from Easterly line of
Pacific Avenue to the Westerly line of Atlantic Avenue, which alley bisects Block 79 as shown
upon that certain plat entitled "Property of Virginia Beach Development Co., Virginia Beach,
Virginia, North of 25th Street," which map is or record in the Clerk's office of the Circuit Court
of the City of Virginia Beach in Map Book 3, at pages 176-177, said alley having been closed
and vacated by Ordinance of the City Council of the City of Virginia Beach.
PARCEL IV: All that certain lot, piece of land, in the City of Virginia Beach, Virginia,
with the buildings and improvements thereon, and the appurtenances thereunto belonging,
known, numbered and designated as Lot No. One (1) and the southern then (10) feet of Lot No.
Two (2) in Block Eighty -One (81), as shown on Plat No. 3 of part of the property of Virginia
Beach Development Company, which plat is duly of record in the Clerk's Office of the Circuit
Court of the said City, in Map Book 3, at page 177.
Beginning at a stake in the western side of Atlantic Boulevard where it intersects with the
northern side of 34th Street; thence along the northerly side of 34th Street in a westerly direction
150 feet to a stake on the eastern side of Atlantic Avenue in a northerly direction 60 feet; thence
along a line parallel to the northern side of 34th Street in an easterly direction 150 feet to the
western side of Atlantic Boulevard; thence along the Western side of Atlantic Boulevard, 60 feet
to the point of beginning.
PARCEL V: All of those certain lots, pieces and parcels of land, with the buildings and
improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the
City of Virginia Beach, State of Virginia, known, numbered and designated as Lots Five (5) and
Six (6) in Block numbered Seventy-Eight (78), on Plat numbered Three (3), of the property of
Virginia Beach Development Company, which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at page 177, to which
reference is hereby made for a more particular description of said lots.
EXHIBIT B
The portion of the Grantor's Property subject to the Grantor's rezoning request and this
Agreement contains approximately 10,511 square feet of land and is more particularly described
as follows:
All that certain property identified as "Area Currently Zoned RT-1; Proposed Rezoning to
RT-2" as shown on that exhibit titled "Ocean Beach Club Rezoning Exhibit" prepared by Clark
Nexsen and dated 3/24/03, having an area of 10,511.44, 0.241 acres, and more specifically
identified as:
That property located on the west side of Atlantic Avenue between 34th Street and 33rd
Street, Beginning at a Point; Thence S 76006'52" W a Distance of 70.00'; thence N 13o53'08'' W
a Distance of 150.16'; thence N 76o06'52'' E a Distance of 70.00'; thence 13053'08'' E a Distance
of 150.16'; which is the point of beginning, having an area of 10,511.44 Square Feet, 0.241
Acres.
IT BEING a portion of the Grantor's Property described as set forth on Exhibit A.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Riganto, LLC - Change of Zoning and Conditional Use Permits
MEETING DATE: August 12, 2003
Background:
(A) Change of Zoning D~strict Classification from AG-1 and AG-2 Agncultural
Distr~ct to Condibonal R-20 Residential District and from AG-1 and AG-2
Agricultural District to Cond~bonal P-1 Preservabon D~strict (90 9 acres)
(B) Conditional Use Permit for an Open Space Promotion (185.1 acres)
(C) Conditional Use Permit for recreabonal and amusement facdibes of an
outdoor nature (stables and horse riding nngs) (90.9 acres).
Considerations:
The Planning Commission heard and recommended approval of the requests at
their May 8, 2002 meebng.
The City Council voted to indefinitely defer the requests at their June 25, 2002
meeting. The rabonale for the deferral was to allow the work of the Sandbndge
Road Project Citizen Advisory Committee (CAC) to come to completion, as the
potenbal existed for some of the alternatwe ahgnments of Sandbridge Road to
affect the subject property. However, the penod of deferral conbnued past the
work of the CAC to allow for the complebon of the work of the Trans~bon Area
Technical Advisory Committee (TATAC). With the completion of that work and
the adoption by the C~ty Council of Comprehensive Plan Intenm Guidelines for
the Transition Area, the applicant revised the plans for th~s proposed
development. Revisions to the plan for th~s project to reflect the
recommendabons of the TATAC ~nclud~ng the Hybrid 1 Alternatwe for
Sandbridge Road, recently adopted by the City Councd as an element of the
Master Transportation Plan (MTP)
The proposed development has been assessed through use of Transibon Area
Design Guidelines, ~ncluding the Matrix Based on that assessment, the
development appears to be consistent w~th the goals and objecbves of the
Comprehensive Plan to the extent that the residential component merits a
density of 0.98 unit per acre, which equates to 269 dwelling un~ts for th~s 276
acre s~te. The applicant ~s requesbng 256 s~ngle-famdy dwellings as part of an
overall development that w~ll provide 170 acres of open space (62 percent of the
total s~te), approximately 91 of which will be devoted to equestrian fac~l~bes for
d~sabled ind~wduals ~n the c~ty and surrounding region Moreover, connecbons of
R~ganto, LLC
Page 2 of 3
the open space to adjoining properties are prowded, ensunng that this
development becomes part of the larger open space system that w~ll make this
area of the c~ty "an open space and recreational mecca with residenbal
development present only to the extent ~t supports the primary purpose of
advancing open space and recreabonal uses"
Staff concludes this development provides an appropriate m~x of natural resource
and open space preservation and enhancement, amenity, and overall design,
which is consistent w~th the goals and objectives of the Comprehensive Plan.
Specific details regarding the plan and ~ts consistency with the Comprehensive
Plan policies and the Trans~bon Area Design Guidelines are provided in the
attached staff report
Staff recommended approval, subject to conditions. There was opposibon to the
request
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request w~th the following cond~bons:
Conditions (Open Space Promotion Use Permit)
1 The applicant shall obtain approval from the City Council to encroach
~nto the public right-of-way prior to installabon of the s~gn in the median
of the entrance roadway to this development. If approval for the
encroachment ~s not granted by the C~ty Councd, the applicant shall
relocate the s~gn outside the public right-of-way
2. The applicant shall submit for review and approval to the D~rector of
Planning or his or her designee prior to final site plan approval a plan
showing how the area between the residential lots and Sandbridge
Road area w~ll be landscaped. Such plan shall ~nclude a detailed
descripbon of the plant species, size, and spacing for any areas to be
reforested.
.
Fencing w~thin the res~denbal area of the community shall be limited to
white aluminum picket style which ~s no more than 50 percent opaque,
substanbally s~m~lar to the fence detail sheet (enbtled "FencCoat-
Jenth's Powder Coated F~nish") submitted to and on file w~th the
Department of Planning.
Conditions (Recreational Facility Use Permit- Equestrian)
1. A 50 foot w~de vegetabve buffer shall be ~nstalled along the shoreline
of the stormwater management facihty adjacent to the Equ~-K~ds
facility.
R~ganto, LLC
Page 3 of 3
2. The facility shall be for the exclusive use of the non-profit organ~zabon
known as Equ~-K~ds. There shall be no horse shows staged by other
organizabons. There shall be no horse shows staged for the purpose
of attracting the public or promoting compebbon between horses or
equestrian groups beyond that for the chents served by Equi-Kids.
3. Any lighting for the facd~ty shall be d~rected ~n toward the s~te and shall
not exceed a height of 14 feet.
· Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval
Submitting Department/Agency: Planning Department ,~~L~
City Manager: ~~/.... ,~'~
RIGANTO, LLC (HERITAGE PARK)
May 8, 2002
REV: August 12, 2003
General Information:
REQUEST:
Change of Zoning D~strict Classification from AG-1 and AG-2
Agricultural District to Conditional R-20 Res~denbal District
and from AG-1 and AG-2 Agricultural District to Conditional
P-1 Preservabon District (90.9 acres)
Condibonal Use Permit for an Open Space Promotion (185.1
acres)
Conditional Use Permit for recreational and amusement facilities
of an outdoor nature (stables and horse riding rings) (90.9
acres).
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 1
ADDRESS:
South s~de of Sandbridge Road, 3400 feet more or less east of
Princess Anne
Road
GPIN:
ELECTION
DISTRICT'
SITE SIZE:
STAFF
PLANNER:
APPLICATION
HISTORY:
24135994540000
7 - PRINCESS ANNE
276 acres
Stephen J. White
These requests were deferred at the July 11, 2001 Planning
Commission at the request of the applicant. The deferral was
requested to prowde the applicant an opportunity to attempt to
address a variety of issues raised by Staff The requests were
deferred again at the August 8 and December 12, 2001 public
heanngs and again at the February 13, 2002 hearings. The
Planning Commission heard and recommended approval of the
requests at their May 8, 2002 meebng.
The C~ty Council voted to ~ndefln~tely defer the requests at their
June 25, 2002 meebng. The rabonale for the deferral was to allow
the work of the Sandbndge Road Project C~bzen Adwsory
Committee (CAC) to come to complebon, as the potential existed
for some of the alternabve ahgnments of Sandbndge Road to
affect the subject property.
However, the period of deferral conbnued past the work of the
CAC to allow for the complebon of the work of the Trans~bon Area
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 2
PURPOSE:
Technical Advisory Committee (TATAC). With the complebon of
that work and the adoption by the C~ty Council of Comprehensive
Plan Interim Guidelines for the Transibon Area, the applicant
revised the plans. The rews~ons reflect the recommendabons of
the TATAC and include the Hybrid 1 Alternabve for Sandbridge
Road, recently adopted by the C~ty Council as an element of the
Master Transportation Plan (MTP).
To develop the site for 256 single-family homes with open spaces,
tra~ls, and an equestrian facility for Equi-K~ds.
Major Issues:
· Consistency with the policies of the Comprehensive Plan for the Trans~bon Area.
· Impact on C~ty systems (transportabon, ubl~ties, schools).
Compatibihty with the
surrounding area in terms of land
use.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoninq
The property ~s currently zoned AG-
I and AG-2 Agricultural D~stricts
The majority of th~s property ~s ~n
cultivabon The remaining portions
are wooded. The City's Agriculture
Department reports that
development of the site as proposed w~ll result in the reduction of approximately 190
acres of farmland
Surroundinq Land Use and Zoninq
North:
· Sandbndge Road
· Red Mill Elementary School/R-15 Residential
· S~ngle-family residential (Lagomar neighborhood)
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 3
South:
East:
West:
/ R-15 Residenbal
· Rural s~ngle-family dwelhngs and cultivated land /
AG-1 and AG-2 Agricultural
· Rural s~ngle-family dwellings / AG-1 and AG-2
Agricultural
· Cultivated land / AG-1 and AG-2 Agricultural
Zoning and Land Use Statistics
With Existing
Zoning:
The property could be developed w~th 18 s~ngle-famdy
dwellings under the density provisions of Secbon 402
of the City Zoning Ordinance or with any other
permitted or condibonal use allowed in the AG Districts.
With
Proposed
Zoning:
On the portion of the s~te zoned R-20 (Open Space
Promotion), the property wdl be developed with up to
256 single-family dwellings meebng the proffers of the
submitted Conditional Zoning Agreement. On the
portion of the property zoned P-1 Preservation, a
facility for Equ~-Kids, a therapeubc horse-riding
program, could be developed.
Zonin.q History
There has been no zoning acbwty on this parcel s~nce 1981. The area to the west was
downzoned to AG-1 and AG-2 Agricultural in 1986 The area to the east has had a
number of Condibonal Use Permits for s~ngle-fam~ly dwellings during the m~d-1980s.
Air Installation Compatible Use Zone (AICUZ)
The western port~on of the property is s~tuated in an AICUZ area of 65-70dB Ldn
surrounding NAS Oceana. The eastern porbon of the property is an AICUZ of less than
65 dB Ldn.
Natural Resource and Physical Characteristics
The s~te is almost completely under culbvabon. The areas not under cultwation are
wooded. The site drains either to the north toward Scopus Marsh or eastward to
Ashvdle Bridge Creek and Back Bay. The rates of actual flow are heavdy wind-
influenced. There are no tidal or non-bdal wetlands on any portions of the s~te to be
developed. There are areas of non-bdal wetlands as defined by the U.S. Corps of
Engineers (but not by the City) ~n the wooded area that w~ll be preserved. None of the
property is within the 100-year floodplain
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 4
Public Facilities and Services
Water and Sewer
Water:
There is no C~ty water in Sandbridge Road fronting th~s parcel In
order for the site to be developed as proffered, the development
must connect to the C~ty water system Plans and bonds for
construcbon would be required.
Sewer:
There is no City sewer available to this site. In order for the site to
be developed as proffered, the development must connect to the
City sewer system. Plans and bonds for construcbon of a pump
station and sewer system would be required.
Transportation
Traffic Calculations:
Calculation of the traffic for the proposed development is complicated by the fact that
there is no known traffic generabon standard for an equestrian center of the type
proposed. According to informabon provided to Staff by Equ~-K~ds, "approximately 75
students nde [the horses] dunng weekday afternoons and evenings. Another 20-30
participate weekday mornings through a School Partnership Program w~th local
elementary schools. Over 100 interested ~nd~viduals are on our wa~bng I~st as of
January 2001 .... With increased funding, more full time staffing would be able to
begin to provide services to the 30,000 special needs ~nd~wduals in the region."
Based on this ~nformation, it appears that the number of trips to be generated could
be anywhere between 50 to 100 for the present and could ~ncrease ~n the future as
Equ~-Kids moves ~nto new facilities and is able to ~ncrease the number of students ~t
could handle. For the purpose of th~s analys~s, therefore, Staff has placed the
number at 80 trips These 80 trips added to the 2,560 trips generated by the
dwellings results in 2,640 trips
Street Name Present Present Generated Traffic
Volume Capacity
Ex~sbng Land Use - 0
Sandbr~dge Road 11,340 ~
ADT ~ 16,200 ADT Potenbal Land Use 2 -_ 180
Proposed Land Use 3_ 2,640
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 5
Average Dady Trips
as defined by 18 s~ngle-famdy dwelhngs
as defined by 256 smgle-famdy dwelhngs and Equ~-K~ds facd~ty
Traffic Engineering notes that:
1. R~ght and left turn lanes on Sandbndge Road w~ll be required, and
2. A traffic signal may be warranted The developer w~ll be required to post a bond
based on the traffic generated by the project
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
The Master Transportabon Plan was amended by the C~ty Council on May 27, 2003
to show Sandbndge Road as an undivided roadway with a 70 foot right-of-way with a
b~keway and a scenic easement. The MTP also recommends that Sandbridge Road
follow an alignment to the south and west of the existing roadway. This alignment is
known as Hybrid 1 Alignment and ~s a result of the work of the Sandbridge Road
Project C~tizen Advisory Committee. The ex~sting Sandbridge Road right-of-way ~n
th~s wcmity is approximately 30 feet in width but is variable at places. The submitted
plans show sufficient area for the right-of-way as needed for the Sandbridge Road
project and prowdes for the alignment shown on the MTP.
Schools
School Name Current Capacity Portables Additional Generation
Enrollment2 Currently Portables
on Site Needed
Red Mdl
866 812 8 4 79
Elementary
Princess Anne 1,511 1,492 0 I 46
Kellam 2,276 1,791 8 2 50
"generation" represents the d~fference between generated students under the ex~sbng zoning and
under the proposed zoning The number can be positive (add~bonal students) o~ negabve (fewer
students)
2
as of September 30, 2003
Red Mdl Elementary School is currently more than 10 percent over ~ts opbmal ubhzation
capacity. The current development of Lagomar Section 7 to the north will bnng an
additional 390 housing un~ts and approximately 90 to 120 new students to the Red Mdl
attendance zone, resulting in severe overcrowding at th~s school. However, the
following Capital Improvement Program (CIP) project addresses the overcrowding at
th~s fac~hty.
CIP # 1-090 Elementary School 2005
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 6
This project ~s for construcbon of an elementary school with a design capacity of 900
students. Necessary classroom space and resource areas should result in a facility
of approximately 87,500 square feet on a seventeen acre s~te at the ~ntersection of
Pnncess Anne Road and Sandbndge Road, which has been acquired. Construction
~s scheduled to begin ~n March 2004 for a September 2005 opening.
Public Safety
Police:
No comments.
Fire and
Rescue:
Capital Improvement Program Project 3-404, for the
construcbon of a new 13,800 square foot fire station adjacent
to the Princess Anne Recreabon Center on N~mmo Parkway
near General Booth Boulevard, was recently closed out with
the complebon of this new stabon.
Summary of Proposal
Proposal
· The applicant desires to develop th~s ex~sting 276 acre site for a 256 lot s~ngle-famdy
residential development on 185.1 acres and an equestrian fac~hty for Equ~-K~ds on
90.9 acres.
· The site is located ~n the Transition Area, south of the Green Line.
Site Desiqn
· Conceptually, the s~te plan depicts the exisbng property divided ~nto three sections:
(1) single-family residential lots; (2) facilities for "Equi-K~ds Therapeutic R~ding
Center;" and (3) a preserved existing wooded area.
Residential Area ---
The res~denbal area ~s designed in a single-famdy residenbal lot layout, with one long
curvil~near road that encircles the center of the neighborhood. Landscaped circles
are located at the intersections of th~s road with one of the collector roads that runs
to the southwestern port~on of the neighborhood. Landscaped c~rcles are also
located at four other roadway ~ntersections
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 7
The development proposes to utilize the Open Space Promobon prows~on of the C~ty
Zoning Ordinance (CZO) (Secbon 250), which allows the reducbon of lot sizes to the
minimum set out in Section 506 of the CZO, which ~s 12,000 square feet for the R-20
zoning category. Secbon 506 sets out all other dimensional requirements of the
developm~nt.'Addibonally, 15 percent of the neighborhood must be set aside as
open space. Th~s requirement is discussed below in the Landscape and Open
Space section.
The residential area is arranged so that each lot backs up e~ther to open space or to
one of the stormwater management ponds. Some of the open space is, however,
located on adjoining property and could, ~n the future, be developed in some use
other than open space.
Each residential lot will have staggered front setbacks rather than a un~form setback,
thus enhancing the streetscape throughout the development.
Each lot will have a decorative white cast aluminum mailbox, which will be un~form
throughout the development.
Corridors of open space run through the center of the site connecting open space on
the western s~de of the neighborhood with the eastern s~de of the neighborhood.
Seven stormwater management ponds are shown on the site plan. The ponds wdl all
be benched. One of the ponds acts as a diws~on between the ma~n portion of the
Equ~-K~ds facility and the res~denbal lots. The remaining ponds are spread
throughout the community w~th a pond located ~n each of the major secbons. Review
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 8
of the plan by City agencies has indicated concern over the s~ze and conflgurabon of
the proposed ponds, noting that one or two larger and broader facilities would be
more functional than the smaller s~ze and long and narrow configuration of those
proposed. Concern has also been noted that a vegetated buffer should be planted
between the stormwater pond and the horse riding areas due to the potential for
direct runoff of excrement and loose dirt into the ponds
Equestrian Center---
The eastern 90.9 acres is devoted to the Equ~-Kids center. The main portion of the
center is located adjacent to Sandbridge Road. Conceptual s~te design for this area
shows the entrance to the Equi-K~ds center from the ma~n roadway entenng the
residential neighborhood.
The plan shows three riding rings and a stable and administration building. The plan
indicates that a "decorabve fence" will run along the periphery of the center adjacent
to Sandbridge Road, the ma~n entrance to the community, and the lake separating
the center from the residenbal area.
Vehicular and Pedestrian Access
Residential Area ---
A d~wded roadway with a wide landscaped median and 15 foot travel lanes on e~ther
side of the median prowdes access to the development from Sandbridge Road at ~ts
exisbng intersecbon with Entrada Drive.
Access to the individual residenbal lots ~s provided by roadways set w~thin a 50 foot
w~de right-of-way. The details submitted with the plan show that the pavement w~dth
within this right-of-way will be 30 feet with rolled curbs
The sidewalks along the roadways provide pedestrian access through the
community and connect to the trad system provided through the open space ~n the
community. Tra~ls separate from the roadways are located:
o along the lake adjacent to the stormwater pond that separates the residential
area from the open space along Sandbndge Road,
o along the preserved area of trees on the eastern side of the site, and
o at the southern edge of the property connecting to any future development to
the south.
· Beyond the designated trads, the open space corridors that run behind residential
lots prowde open space and recreational opportunities. Each side of these corridors
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK) ~ :: .......
Page 9
is physically separated from the residenbal lots by a four-foot h~gh white aluminum
wrought ~ron-style fence, which will be required along
the rear of all the building lots. Limiting this fence to
an open four-foot h~gh fence ensures that the open
space corridor ~s safe through v~sibd~ty from adjacent
lots and increases the open space "feel" of the
corridor. Six-foot h~gh solid fences along the rear lot
lines of these lots will be prohibited by the
Homeowner's Association's "Restricbons" and
through a condition attached to the Open Space
Promobon permit, recommended at the end of this report.
A vehicular street t~e to the adjoining undeveloped properties is not shown, but
opportunities to make such a connection are provided at two places along the
southern edge of the property, which are shown as open space connecbons on the
plan.
Equestnan Center---
Conceptual site design shows the entrance to the facility at the ma~n roadway
entering the site from Sandbndge Road at its ex~sting ~ntersection with Entrada
Drive. A parking area ~s not shown; however, adequate space exists for parking to
be prowded Th~s detad can be addressed at site plan review should these
applications be approved.
Architectural Design
Residential Area ---
As noted below ~n the d~scussion for Proffer 4, all of the homes will have an exterior
surface of at least 75% brick and all w~ll have a minimum of 2,800 square feet of
heated hving area. No addibonal details on the architecture of these buddings are
available.
· Architecture of the structures in the neighborhood must be rewewed and approved
by the Homeowner's Association
Equestrian Center---
· Rendered drawings of the Equ~-K~ds facility were submitted w~th the applicabon and
as noted under Proffer 5
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 10
· The buildings are done in a 'modern rural' style, with roof dormers, cupolas, and
tradibonal plan posts. Exterior building materials and colors are not known.
Landscape and Open Space
Open Space Promotion Option ....
Under the Open Space Promotion provision, at least 15 percent of the total acreage
of the property, excluding streets and parking areas, must be set aside as open
space. Section 253 of the CZO notes that
All open space areas shall be permanently maintained as landscaped park,
recreational space, or natural areas. No open space shall be used except ~n its
natural state or for community recreational-related uses ... No structure shall be
erected except for maintenance or recreabonal purposes.
The intent of the Open Space Promotion provision is to provide for "a more flexible
means of residential development" and "to promote the preservation of open space
through lot s~ze reductions without density variabon" (Secbon 250). The prowsions of
the Open Space Promobon ~mply that the preserved open space should be "made
available for use of the residents" (Secbon 253(e)(2)). The ~ntent, therefore, ~s that
the open space ~s easily accessible, available for the use of the residents of the
community and maintained either by a Homeowners Association (or s~mdar
organization) or by the City (Sec. 253(e)). The submitted s~te plan ~nd~cates that of
the 185.1 total acres w~thin the res~denbal area, there are 58 acres of qualifying open
space. The requirement for this development ~s 27 8 acres. There are also 90.8
acres of equestrian-related open space; however, th~s area ~s only accessible to the
residents of the community and the pubhc through the visibd~ty of the open space
and equestrian acbwties from Sandbridge Road and the trad along the lake w~th~n
the community, and thus does not quahfy for the Open Space Promobon prows~ons.
The Transibon Area policies of the Comprehensive Plan call for developments of th~s
type to strive for 50 percent open space. Of the total acreage of the s~te (276 acres),
almost 62 percent is ~n "open space," whether that open space be neighborhood
spaces, preserved wooded areas, or equestrian facilities Even ~f the proposed right-
of-way for the relocation of the Sandbridge Road and the areas of the ex~sbng s~te
north and east of that right-of-way were ehminated from consideration, the
percentage of total open space for the development ~s still above 50 percent.
The 90.9 acres of the Equi-Kids facd~ty w~ll be zoned P-1 Preservation, and wdl be,
as noted below in the description of Proffer 5, subd~wded from the res~denbal portion
of the community and transferred by deed of gift to a non-profit corporation, Equi-
Kids Therapeutic Riding Center
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 11
Landscape Design ....
· Landscaping for the residential community is provided along the roadways and at
the open space corridors through the center of the site.
Extensive open space ~s provided along Sandbridge Road, consistent w~th the
recommendabons of the Comprehensive Plan Th~s landscape treatment w~ll
maintain much of the open space wsta that currently exists along Sandbridge Road.
Entrance signage ~s shown on the plan w~thin the median of the entrance roadway.
The entrance sign consists of a cobblestone panel with lettering and two rails on
each s~de of the main panel secured at the end by cobblestone-faced p~ers. S~nce
this sign will be located w~thin the median (and thus within a public right-of-way), an
encroachment agreement with the City will be required.
Landscape enhancement for the equestrian center consists of a white three-rad wnyl
fence around the periphery of the ma~n riding area along Sandbndge Road and the
stormwater pond.
Proffers
PROFFER # 1
When the Property is developed, it shall be developed as a
single family res~denbal community of no more than two
hundred fifty-six (256) building lots w~th parklands, open
spaces, trails, an Equi-K~ds Therapeubc R~d~ng Center and
other amenibes substanbally ~n conformance w~th the
Exhibit enbtled "Conceptual Site Layout Plan of Heritage
Park Sandbndge Road, Virginia Beach, VA" dated
04/02/02, prepared by MSA, P.C., which has been
exhibited to the Virginia Beach C~ty Council and is on file
with the V~rg~n~a Beach Department of Planning ("Concept
Plan").
Staff Evaluation:
The specific details of the development were provided
above in the Summary of Proposal section. The Transition
Area Matrix, which/s a component of the design and
development gu/dehnes for the Transition Area, was used
to assist in the evaluation of th/s development. The result
of that evaluation was a score that suggested a maximum
density for the development of 0.98 dwelling units per
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 12
PROFFER # 2
Staff Evaluation:
PROFFER # 3
Staff Evaluation:
acre. Such density is equivalent to a max/mum of 269
un/ts. The design proposed by the applicant provides for
256 un/ts, which/s a density of 0.93 units per acre.
When development of the Property is commenced, the
party of the first part shall install the landscaped "Entrance
Plan", "Identification S~gnage", a s~x foot (6') w~de paved
mulb-purpose trad, and stormwater retenbon lakes with
wetlands benches substanbally ~n accordance with the
plan enbtled "Details of Heritage Park Sandbndge Road,
Virginia Beach, VA.", dated 04/02/02, prepared by MSA,
P.C., which has been exhibited to the V~rgin~a Beach C~ty
Councd and is on file w~th the Virginia Beach Department
of Planning ("Detail Plan").
The details of the landscape features are described above
in the Summary of Proposal section.
When the property ~s subdiwded that portion of the
Property Zoned R-20 shall be subject to a recorded
Declaration of Protective Covenants, Conditions and
Restrictions ("Deed Restricbons") administered by a
Property Owners Association. The Entrance feature along
Sandbndge Road as well as the Open Space depicted on
the Concept Plan and any other common areas shall be
dedicated to and maintained by the Property Owners
Association. The Deed Restrictions which ~nclude Articles
providing for Architectural Controls and Mandatory
assessments, has been exhibited to the V~rg~n~a Beach
C~ty Council and ~s on file w~th the V~rg~n~a Beach
Department of Planning. The Deed Restrictions require
decorative white cast aluminum '~Villiamsburg" mailboxes
and only white aluminum fencing which ~s no more than
fifty percent (50%) opaque.
The Open Space Promotion provision requires that the
open space and recreation areas be maintained either by
a homeowners association or by the C/ty through
dedmation of property. The applicant has submitted
proposed deed restrictions providing for the maintenance
of the open space, thus meeting the requirement. The
deed restrictions also regulate architecture and other
design elements within the commumty, ensunng a
continued high level of quality. The proffer/s acceptable.
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 13
PROFFER # 4
Staff Evaluation:
PROFFER # 5
Staff Evaluation:
All homes constructed on the residential lots depicted on
the Concept Plan shall have an exterior surface of at least
seventy-five percent (75%) brick and all front yards and
s~de yards adjacent to a pubhc street shall be sodded.
Each home shall have a m~nimum of 2800 square feet of
heated living area.
The proffer provides assurance that the homes should be
valued at $400,000 and above and result in real estate tax
payments suffmient to cover the costs of prowding services
to the development. The development will require
extension of water and sewer servmes to the site (the
extension of the lines will be borne by the developer), and
will have other impacts on C/ty systems. The $400,000
value of the homes is consistent w/th the
recommendations of the Comprehensive Plan for the
Transibon Area.
When the Property is subdivided, approximately 90.9
acres of land zoned P-1 as depicted on the "Rezon~ng
Exhibit of Heritage Park Sandbndge Road, V~rgin~a Beach,
VA." Dated 4/02/02, prepared by MSA, P. C., which has
been exhibIted to the Virginia Beach C~ty Council and is on
file w~th the Virginia Beach Department of Planning
("Zoning Exhibit") shall be transferred, by Deed of G~ft to
EQUI-KIDS THERAPEUTIC RIDING CENTER, a V~rg~nia
non-profit corporabon. In addibon, the GRANTOR, party of
the first part, shall contribute the sum of $400,000 00 ~n
~mprovements to the Equi-Kids Therapeutic R~d~ng Center
and shall, prior to subdivision approval, post a
performance bond ~n that amount with the GRANTEE
securing installation of the fencing, access road, stables
and facihbes as depicted on the Concept Plan and on
Renderings prepared by Porterfield Design Center dated
May 15, 2001, which have been exhibited to the Virginia
Beach City Councd and are on file ~n the V~rg~n~a Beach
Department of Planning
This proffer notes that the applicant will contribute
$400,000 towards the improvements for the Equi-Kids
facilities and w/ll transfer the ownership of the fac#ities to
Equi-Kids The applicant/s further guaranteeing that the
facilities will be built through agreement to post a
Planning Commission Agenda ~o~_ .
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 14
PROFFER# 6
Staff Evaluation:
performance bond pnor to subd/wsion approval to cover
the cost of the improvements.
The proffer does not address whether the property could
be transferred or leased to another entity or/f that enbty
would have to be non-profit or for-proht. However, the P-1
Zomng for the site and Proffer # 1 restrict the uses of the
property to those shown on the site plan; so, even if there
was a transfer of property/n the future, the use to which
the property could be put ~s hmited without further zoning
action and approval by the City Council.
Further conditions may be required by the GRANTEE
during detaded Site Plan review and administration of
applicable C~ty Codes by all cognizant City agencies and
departments to meet all applicable City Code
requirements.
This is a standard proffer noting that all prows/ons of the
City Code must be adhered to as the proposal moves
toward development. The proffer/s acceptable.
City Attorney's
Office:
The C~ty Attorney's Office has reviewed the proffer
agreement dated April 15, 2002, and found ~t to be legally
sufficient and in acceptable legal form.
Comprehensive Plan
The Comprehenswe Plan recommends use of th~s parcel for appropriate growth
opportun~bes, consistent w~th the economic vitahty policies of Virginia Beach in
accordance w~th other Plan pohcies Th~s area, classified by the Plan as the Trans~bon
Area, serves as a land use buffer between the clearly urbanizing area of the north and
the clearly rural area of the south.
Staff has evaluated the proposed development against the latest Comprehensive Plan
policies for the Trans~bon Area, ~ncluding the Transition Area Matrix and the Design
Guidelines. Staff concludes that the development satisfies the recommendabons of the
plan ~n regard to design and that the dwelhng unit density proposed falls w~thm the
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 15
guidelines regarding maximum allowable density in the Transibon Area (a copy of the
matrix is included at the end of this report)
Evaluation of Request
The requests for a conditional change of zoning and conditional use permits are
recommended for approval w~th the conditions that follow after this evaluation.
Staff wholeheartedly agrees that the Equi-K~ds organization is an outstanding non-profit
that prowdes a much-needed service to this region, and that the applicant ~s to be
commended for volunteenng to provide land and funding for a facility for th~s group.
Unfortunately, reahzing the development of the Equi-K~ds facihty through this
development has been difficult to achieve due to the need to continually evolve th~s
development over the course of the last three years ~n order to comply with the policies
of the Transition Area. The prowsion of the Equi-K~ds facihty was originally tied a 276
unit s~ngle-famdy residenbal subdivision. The original designs for the development also
lacked the uniqueness, natural resource preservabon and enhancement, amenity, and
open space and recreational integration in the overall design as the Comprehensive
Plan calls for Staff, as the professionals charged with objectively evaluating proposals
for development for consistency with City plans, policies, and ordinances, could not lend
~ts support to the prewous proposals.
The applicant, however, has persevered with Staff through the process of working to
arrive at a development that more fully meets the Plan's goals and objectives for this
area The applicant has created an overall concept and design for this project that
meets the majonty of the provisions of the Plan
The proposed development has been assessed through use of Transition Area Design
Guidelines, ~ncluding the Matrix Based on that assessment, the development appears
to be consistent with the goals and objectives of the Comprehensive Plan to the extent
that the residenbal component merits a density of 0.98 unit per acre, which equates to
269 dwelling units for this 276-acre site The applicant ~s requesbng 256 s~ngle-family
dwellings as part of an overall development that will prowde 170 acres of open space,
approximately 91 of which wdl be devoted to equestrian facihties for d~sabled ~ndlwduals
~n the city and surrounding region. Moreover, connecbons of the open space to
adjoining properties are provided, ensunng that th~s development becomes part of the
larger open space network that w~ll make this area of the c~ty "an open space and
recreabonal mecca w~th residential development present only to the extent ~t supports
the primary purpose of advancing open space and recreabonal uses."
Staff concludes, as now designed, this development prowdes an appropriate mix of
natural resource and open space preservabon and enhancement, amenity, and overall
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 16
design, which is generally consistent with the goals and objectives of the
Comprehensive Plan. Approval of these requests, therefore, is recommended with the
conditions below.
Conditions (Open Space Promotion)
I !
The applicant shall obtain approval from the City Council to encroach into the
public right-of-way prior to installation of the sign in the median of the entrance
roadway to this development. If approval for the encroachment is not granted by
the C~ty Council, the apphcant shall relocate the sign outside the public right-of-
way.
.
The applicant shall submit for review and approval to the Director of Planning or
h~s or her designee prior to final site plan approval a plan showing how the area
between the res~denbal lots and Sandbndge Road area will be landscaped Such
plan shall ~nclude a detaded descripbon of the plant species, size, and spacing
for any areas to be reforested.
.
Fencing w~thin the residential area of the community shall be limited to white
aluminum wrought iron-style which is no more than 50 percent opaque,
substantially similar to the fence detail sheet (enbtled "FencCoat - Jerith's
Powder Coated Finish") submitted to and on file with the Department of Planning.
Conditions (Recreational Facility- Equestrian)
1. A 50 foot wide vegetative buffer shall be installed along the shoreline of the
stormwater management facility adjacent to the Equi-Kids facility.
2. The facility shall be for the exclusive use of the non-profit organizabon known as
Equi-K~ds. There shall be no horse shows staged by other organizabons. There
shall be no horse shows staged for the purpose of attracting the pubhc or
promobng compebbon between horses or equestrian groups beyond that for the
clients served by Equ~-K~ds.
3. Any lighting for the facihty shall be d~rected in toward the site and shall not
exceed a height of 14 feet.
NOTE:
Further conditions may be required during the
administration of aoolicable Citv Ordinances. Plans
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 17
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable City Codes.
Planning Commission Agenda ~
May 8, 2002 Rev: August 12, 2003 ~,~~ ~
RIGANTO, LLC (HERITAGE PARK) ~. .....
Page 18
Transition Area Matrix (Riganto, LLC - Heritage Park)
Maximum allowable residential density for any rezonmg ~n the Transition Area under the
pohc~es of the Comprehensive Plan is 1 unit per acre. The maximum density can be
achieved through adherence to the Evaluative Criteria prowded below and further
explained in the Design Gu~dehnes for the Transition Area.
Each section of the Evaluabve Criteria below ties to the Design Gu~dehnes through the
graphic ~con at the top of the section. For further guidance on the respective section of
the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon.
Staff wdl 'score' the proposed development for its consistency with the Evaluative
Criteria below. The scores are then totaled and the total ~s 'plugged' ~nto the formula
below to determine the recommended maximum density for the development.
Evaluative Criteria
Total Comments
Natural Resources
Degrees to which the project
preserves and ~ntegrates ~nto the 1 7
overall project the natural
resource amenities on the site
Amenity
Nature and degree of the 3.9
amenity
Design
Degree to which the project 4 9
~ncorporates good design ~nto the
project
L~ne A --
Line B --
Line C --
Dne D --
L~ne E --
(^) [
(B) TOTAL/11 possible points I 0.95
(C) Line (B)* 0.5 = I 0.475
(D) Line (C) + 0.5 du/acre =
I
0.975 du/acre
(E)
Line (D)* total I 269 units
developable acres ( 276 ) =
I
total number of points from the worksheets on the following pages
total d~wded by the total number of possible points, which ~s 11
total from L~ne B mulbphed by 0 5, whmh ~s the amount between the basehne density of 0 5 dwelhng un~ts per
acre and the possible 1 dwelhng unit per acre (du/ac)
total from Line C added to 0 5 du/ac (the basehne density) to obtain the maximum density for the s~te
total from L~ne D mulbphed by the number of developable acres on the s~te, thus prowd~ng the maximum
number of un~ts for the s~te
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 19
(1) Natural Resources
'existing forests, wetlands, meadows, cultivated fields, and ~
related features~ Total
a) Are natural resources protected?
Comments:
· The ex/sbng wooded areas on the s~te are YES (0 to 1 1.0
preserved point)
· The farm/and on the s~te ~s preserved along
Sandbndge Road and w/thin the area set
as/de for the Equ~-K/ds facd/ty
NO (0 points)
b) Are natural resources integrated into project?
I Comments: , YES (0 to 1
· The ex/sting wooded area/n the southwest 0.7
I portlon of the s~te/s Integrated ~nto the ~ point)
project through the clustenng of homes along i
/ts penphery
· The wooded area on the eastern s/de of the I
s/te remains ~ntact Res/denbal lots are not
~ntegrated ~nto the area The area/s devoted
to the Equ/-K/ds fac/hty Greater/ntegrabon
of the wooded area w/th the res/denbal area
would have been/deal NO (0 points)
TOTAL (NATURAL RESOURCES) 1.7
Insert ~n appropriate box on page 1
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 20
a feature that increases the attractiveness or value of the site ~
consistent w~th the goals and objecbves of the~ Total
Comprehensive Plan for the Trans~bon Area
a) Is the amenity, ~f present, wsually or
operabonally available to those who do not
own property ~n the development?
YES (0 to 1
Comments: point) 0.9
· The amemty for the site consists of the Equ/-
K/ds facility, the open space and wooded
areas, and the trails that provide operational
and visual access to each
· The Equ/-K/ds facility/s not physically
accessible to those who do not own property
/n the development However,/t/s visually
available from Sandbndge Road and from
~ the trail system
i · The open space/wooded areas of the site NO (0 points)
are accessible through the trail system that
runs through the development
b) Does the amenity consist of recreabonal
components?
Comments' YES (0 to 1
· Yes, through the walking, runmng, etc that I 0
can occur along the trails and through the point)
act/v/t/es provided to the patrons of the Equ/-
K/ds facility
NO (0 points)
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 21
c) Are improvements made that provide visual or
physical access to the natural resources on
the site OR are ~mprovements made to create
a new amenity to the property? YES (0 to 1
1.0
point)
Comments:
· Trads
· Improvements related to the Equ~-K~ds
fac~hty
NO (0 points)
d) Is there connecbvity linking any open space
and/or amenities between this development
and adjacent exisbng or future developments?
YES (0 to I
10
: Comments: point)
: · There are tra~ls and open space connections
prowded along the edges of the property,
allowing future connecbons to adjoining
properties
:
NO (0 points)
I
TOTAL (AMENITY) 3.9
Insert ~n appropriate box on page 1
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 22
(3) Design
creation or execubon in an artistic or highly skilled
manner consistent w~th the goals and objecbves
of the Comprehensive Plan for the Trans~bon
Area.
a) Are natural or manmade water features
~ncorporated into the development in a way
that they serve as amenities?
Comments:
· There are no natural water features on the
site
. The design Includes stormwater ponds In
venous locations in the community The
Iocabon of the ponds provides for
accesslb~hty to much of the communlty as an
amenity
· One of the largest water features in the
community is located between the resldenbal
lots and the Equi-K~ds facility The lake
serves as a both a buffer and an amenity
b) Is there an attempt to integrate un~ts with
amenities within the development?
Comments:
· The lots in the community back up to lakes
and open space and have accessibility to the
trails
Total
YES (0 to 1
point)
NO (0 points)
YES (0 to 1
point)
NO (0 points)
1.0
1.0
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 23
c) Does the development retain or create views
or scenic v~stas that can be seen from the
road? YES (0 to 1
10
point)
Comments:
· The area along the Sandbndge Road
frontage ~s kept open and w~ll be modified
through landscape and berm~ng
~mprovements
· The frontage also retains an open space and
rural wsta by the location of the Equ~-K~ds
facility along the roadway
NO (0 points)
d) Is a mixture of lot sizes and the clustering or
massing of homes used to achieve a primarily
open space development?
i YES (0to 1 0.9
Comments: ; point)
· Lot s~zes range from shghtly over 12,000
! square feet to over 40,000 square feet The
~ average/s 12,000 square feet
· There/s some clustenng of homes/n the
southwest corner of the site, preserving the
wooded area m that location
· The majority of the homes are situated on
the currently culbvated area of the site,
preserving the wooded area as open space
· Of the total area of the site, a/most 62%/s NO (0 points)
preserved as open space and recreational
areas
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 24
e) Does the development use roadway and "hard
~nfrastructure" that ~s appropriate for its
design? Is it consistent w~th the ws~on and
recommendabons of this area as expressed in YES (0 to 1
1.0
the Comprehensive Plan? point)
Comments:
· Yes
NO (0 points)
TOTAL (DESIGN) 4.9
Insert ~n appropriate box on page I
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 25
?
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 26
/
/
Planning Commission Agenda ~'- ~'
/~. ,
May 8, 2002 Rev: August 12, 2003 [~
RIGANTO, LLC (HERITAGE PARK) ~ :
Page 27
V
ENTRANCE
IDENI1FICA'llQN SIGNAGI~ DETAIL
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 28
Details of
Heritage Park
Sandbridse Road, Virginia Beach, VA
50' R/~/~ SE:CTI~
ASPHALT
VAR[ABLE. tMDTH R/~. SECTION
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 29
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 30
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
Page 31
APPLICATION PAGE 4 OF 4
CONDITIONAL REZONING
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
Applicant's Name: R~ganto, L~.L._~C.
List All Curr~nt
Prope~yOwners: Oav£d...~.~ .Hill, Jr t.. Susa~p ~. H~!l_,_Luke H. ~H~_I~ II
PROPERTY OWNER DISCLOSURE
If the property owner Is a CORPORATION, b~t all offieers of the Corporation below (Attach lt~t if necessary)
ff the property owner Is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZA'I ION,
all members or partner~ tn thc organization below (Attach Itst if necessary)
{~ Check hero d the property owner is NOT a corporation, pertnersh~p, firm, or other umncorporatext
organization
If the applicant l~ not the current owner of the property, complete the Applicant Disclosure rection below:
APPLICANT DIS CLOSURE
If the apphcant ~s a CORPORATION, list all officers of the Corporation below (Attach hst ~fnecessary)
If the apphcant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION. hst all
members or partners m th~ orgamzation below (Attach hst ~fnecessary)
James Pl. Arnhq~d, Member
~4. Breck ~'oodt. ~.ember
Check here ~f the apphcant ~s NOT a corporation, partnership, firm, or other umncorporatcd orgamzat~on
CERTIFICATION I certify that the infortnation contained herein is true and accurate.
US~gnature
Prm~ Name
Planning Commission Agenda
May 8, 2002 Rev: August 12, 2003
RIGANTO, LLC (HERITAGE PARK)
Page 32
Item #18-20
Rlganto, L L C
An Ordinance upon Apphcation of Riganto, L L C, for
a change of Zoning District Classification
Conditional Use Permit for an Open Space Promotion
An Ordinance upon Application of Raganto, L L C for a
Conditional Use Permit for recreational and amusement
Facilities of an outdoor nature
District 7
Princess Anne
May 8, 2002
REGULAR AGENDA
Robert Miller Next Item is Items 18, 19, & 20 Raganto, L L C
Eddie Bourdon Give me a minute
John Baum I'll ask the rest of the Council Did you all read all these conditions word
for word9
Robert Vakos Every word
John Baum Every word Okay
Betsy Atklnson I did not I want to be honest I dld not
Eddie Bourdon Mr Chairman Members of the Planning Commission My name 1s
Eddie Bourdon, Virginia Beach attorney for the record, representing the applicant I did
hear what was indicated this morning and have taken steps to try and keep this brief 1 do
want, however, make a brief presentation describing the applicatmn The project before
you is a 276-acre p~ece of property owned by the Hill Family And the applications are
for change of zoning category from AG-1, AG-2 to Conditional R-20 with a Conditional
Use Permit for Open Space Promotion on 185 acres of the 270-acre property As also the
apphcatlon for change of zoning to P-1 Preservation District with a Conditional Use
Permit for recreational and amusement faclhtles of an outdoor nature for Equl-Klds for
stables, horse riding faclhties, for the therapeutic riding program at F, qul-ICdds And that
is the extent of that Use Permit The property is on the south side of Sandbndge Road
just east of the Food Lion Shopping Center within one mile of the Red Mill Commons
Commercial Power Center, Wal-Mart, future Home Depot and lots of other commercial
enterprises there It is directly across the street from the Lagomar Community and from
Red Mill Elementary School and it is on the northern boundary of the area, commonly
referred to as the Transition Area As your professional staff has appropriately pointed
out, my clients, Mr Jim Amhold and Mr Breck Wood along with the Board of Directors
of Equl-Kads have been working diligently with your staff for two years on this version
of the development proposal on the property In fact, Mr Amhold, Mr Wood, have been
working on this project for almost three years It began in the August of 1999, with
contracting with the Hill Family and have been working on the project on this property
We do appremate everyone's efforts, especially those of your professional staff, both
direct and indirect in getting this to the point where we are today Back in August of
2001, you heard a lengthy presentation from me and from a number of representatives
and participants in the Equl-Kads program on the earlier version of this plan We're not
going to go through that again today, but we would like to adopt that Information into the
package if it can be put in them before it goes to Council Otherwise, we will have make
a presentation to Council so that everyone is familiar with Eqm-I<hds and what they bnng
to the table as far as th~s project is concerned, but we're not going to do that today
Barbara Ford, the Executive Director of Equl-Kads will have a very brief few remarks
and we'll ask the other folks who came down today to stand, but we did not bring all the
participants with us because we didn't anticipate that you want to hear that again That
earlier plan, that you heard from us about, was a plan that showed not only an Equl-Kads
Therapeutic riding center but also an Equestrian show faclhty in addttlon to that and there
were also community resident created of 276 homes on smaller lots than what is before
you today As I indicated to you all back in February when you were k~nd enough to
Item # 18-20
Rlganto, L L C
Page 2
allow me to speak when this item was last on your agenda, we heard what you said We
heard what the staff said and your recommendations and we thought at that time, and we
certainly believe now that we have incorporated those changes into a plan that everyone -
I think they can get onboard with We reduced the number of residential lots by 20 We
increased their size to over 21,000 square feet on average And we have - I think,
provided that a common vision for how to integrate the Eqm-Kads facdlty into the
community We have a plan, which we think does that to the greatest extent practicable,
taking safety ~ssues into concern We also got a plan which incorporates the most, if not
all of the design recommendations which Mr Randall Arendt who the City has sponsored
to come in and give a number of talks - I guess the Southeastern Dlsmct Planning
Association, most recently the City, brought Mr Arendt here We've listened to what
he's had to say as obviously, your professional staff has and we think this plan fits the bill
as far as, his recommendations for a good design that is more rural in character The plan
involves, first of all 90 8 acres of area preserved with P-1 Zoning, that will be given to
Eqm-Kads That land, located essentially on the east of the property, as you look up there
and I got it here on this monitor I'll put this down It is shown up there in green, and I
guess this isn't working All that land will be zoned P-1 and will be g~ven to Eqm-Kads
That property- the value of that property, the cost of that property to my clients is in
excess of two million dollars That's an outright gift to Eqm-K~ds In addition to that,
my chent will put in $400,000 of improvements to the Eqm-IZdds property including
fencing, water and sewer and stables and of that will be bonded to assure that it will be
done and Eqm-K~ds, obviously be investing and raising money to do additional
improvements to their property The project also xnvolves within the residential
component, 30 1 acres of parklands and open space The additional 19 7 acres of lakes,
which are open areas and aesthetic amenities, which you can see on this plan and the
more detailed plan is on the pin- point You can see it up there This plan is colored,
which makes it a little easier to see than the black and white version And Eqm-K~ds
here, all this land will be P-1 It will be theirs All the lakes - the areas of open space
that are dedicated to the Homeowners Association out here along Sandbrldge Road,
linear park through here, the tree area being preserved here A number of open space
areas that are located at the corners of the project and then there are open space
easements across the front of each lot There are 24 8 acres ofpubhc right-of-way,
within the development, including a very large swath of land for the widening of
Sandbndge Road, about 96 acres - excuse, feet of right-of-way for fi~ture widening of
Sandbridge Road 110 6 acres is actually in residential lots That's less than 40 percent
of total acreage will be in residential lots The density of the development is 93 units per
acre, below one unit per acre Across the street, Lagomar density, two and a half, Red
Mill, three and half units per acre, where we transition from higher density to lower
density The equestrian facility on the east features fencing - I'll let you see on the
exhibits - it's split rail fencing along Sandbndge Road Agmn, the ,, lewscape from
Sandbndge Road, you know, this farm and all this wooded area, preserved Once you get
past the entrance To the west, this is the Homeowners Association The development,
that we're putting in is undulated berms and reforestation It will not - 450 plus feet back
from Sandbndge Road of open area where the berms and the landscaping and the
reforestation will take place Driving along Sandbndge Road, you will not see the
residential component of this community Now here, across the Eqm-Kads facility,
across the pasture and the farm, again, there will be some landscaping but we also have
this nice path and road against this pond, so you may see the front of these houses across
the street but again, this is 700 feet or more from Sandbrldge Road and you're not
looking at the back of anybody's house That was one of the comments that, and again,
one of the things that of the design perspective makes this very much unique All of the
wooded areas are being preserved There are- and there's a trail that connects to the
central park trail that comes through the woods, comes here, will provide an opportunity
to attach to open space to the south When the development plan comes forward for that
piece of property And we set this thing up again, so none of the homes back up to each
other They back up to ponds or open space or adjacent properties where the opportunity
exists and I think we'll come to fruition where they'll be additional ()pen space, so you
won't have houses that back up to each other The homes have been proffered, in terms
of their size, 2,600 square feet mlmmum living area per home We expect that most will
be larger with minimum of brick fronts and sodded yards adjacent to all streets We also
- endeavor features which you have copies of and bottom hne is, we are completely
Item # 18-20
Rlganto, L L C
Page 3
confident that the value of the homes that will be constructed here, will at a minimum be
in $250,000 range and maximum will be up to $400,000 and above Using a conservative
estimate, you're looking at well over $70 million in real estate tax base from the
development of the homes on the property, at well under one unit per acre All
infrastructure, water, sewer, roads, etc, are put in at the cost of the developer There are
no public monies that expended in putting in the infrastructure for this project for this
residential component for Eqm-K~ds There is a reference in here to public school
enrollment, which I want to just address briefly Our public school em'ollment has been
fairly stagnant over the last two or three years As has our population growth It's been
very much controlled over the last 3 to 5 years, low controllable sustmnable growth
We've also seen significant increases in our housing costs in the City Homes are more
valuable New homes being built are valuable and that's generally very much a good
thing I think we all like that and I think that's something that the plan - the City's plan
on the way it's been camed out, you know, should be complimented One of the results
of this is that many young families with young school age children are choosing or are
being forced to live in adjolmng sister cities where housing costs are less And I think
that also contributes to the fact that we're not seeing a very significant increase in school
age population, you know, it's not a criticism, that's just an observation We here, would
point out that across the street is Red Mill Elementary School, which does have some
over crowding, but there is a brand new elementary school being built or soon to be built
on other property owned by the Hill Family which is again, just less ~han a mile, probably
less than a ½ mile to the west of this property Further, St John's Catholic Church is
constructing or will be opening in the fall a Parochial School, K-9th Grade, I believe,
directly across the street which will also be serving this area and will certainly alleviate
some of the crowding conditions that exist in Red Mill This development is not going to
necessitate the need for any new schools to be constructed Just in case somebody has
that idea The bottom line is that we have 51 percent of this propert5 by our calculations
That does not include the landscape easements across the front of the homes, 51 percent
in open space, via Eqm-Kads The 30 plus acres of dedicated open space and the lakes on
the property Close to 2 ½ million dollars ofvahie donated to Eqm-Iqds both in land and
in improvements and this is an area we called for a long time the Rec ca-Mecca and I
stated to this Commission previously, I'm a golfer and I love playing, golf but not every
recreational opportunity is golf And this special needs population and what Eqm-Kads
provides to them in terms of a recreational opportunity, it's not measurable And we
think that this is something that is a real jewel in the Transition Area And as I've said,
the homes that are going to be constructed here will be beautiful high-end homes with, I
believe, positive tax generation and significant increase in our real estate tax base There
is one thing that I want to bnng as far as the conditions, which are all acceptable
Condition number 2, on Page 21, we ask for a slight rewording It deals with a restriction
on Eqm-¥dds being able to have competitions there They do anticipate having
competition but only for special needs individuals There are other groups like theirs, and
they may host an event where people in those groups like theirs from outside the area,
might come to their facility, so all that we would ask is that the very last phrase, Eqm-
I4hds is at the end of condition number 2 be deleted and in place of that "special needs
organizations" be inserted
Ronald Pdpley Where was that agaln'~
Eddie Bourdon The very last word in Condition number 2 on Page 21
Ronald Pdpley Served by Eqm-Kads9
Eddie Bourdon Served by Eqm-Ktds Instead of EquM4hds, special needs
organizations They way it's worded does permit, you know, competitions and we want
that to be an opportunity, but again, if its not quote unquote Eqm-I4hds - I did review that
with Stephen White prior to the meeting but I didn't know of that needed change until I
talked to Barbara Ford just before the meeting
Ronald Pdpley Betsy?
Betsy Atklnson In that regard, and I had written when I read this the other day Number
three, any lighting for facilities shall be directed toward and shall not exceed the height of
14 I also would like to add that there be no outside paging
Item # 18-20
Puganto, L L C
Page 4
Eddie Bourdon I don't think that will be a problem at all
Betsy Atklnson You know, if you got competition going on, you got a lot of hey, we
need to do this or dunng the day
Eddie Bourdon This is not the equestrian faclhty we had in the previous application
That isn't a problem We're not anticipating any And - what I brought up is just simply
so we're not I don't think anyone would ever care noted, but if we chd There is an
event where people from a similar facility or you know, similar program in another part
of the state or another part of the country were to come here, that we wouldn't be
violating number 2 Again, just for special needs individuals No paging system is fine
Ronald Pdpley Yes Will Din9
William Din Eddie, do you have any idea how many additional people that would draw
into this area I mean you're talking about a competition that may draw outside help
I'm not saying that is not a need or nothing, but I'm just concerned that the
Eddie Bourdon These are public events I mean, you're talking about the participants
You might have -- the question is better asked of Barbara Ford who is going to come up
and speak so I'll defer to her but, from our discussion, we are talking about something
that's really - you're talking about the participants themselves and it's not like something
that's going to bnng thousands of them, it might not even bnng hundreds of people here,
if that comes to pass And that isn't part of the mission It's just something we see as
being, you know, as being a possibility Something that they might want to do on
occasion if there are similar groups in different areas of the country, but Barbara talked
about that We're not talking about an on going situation We're not talking about a
recumng situation We're not talking about that's going to draw traffic of any magnitude
at all and it would be a weekend situation if ~t occurred at all
Ronald Rlpley In your representation, you mentioned some landscape easements Are
you refemng to the easements that run through the property or are they on the front9
Eddie Bourdon On the front That is something else that you need to this project and I
appreciate the opportunity to address it The roads within the residential component, we
are proposing those roads, as indicated in your write up, to be 40 feet in width as far as
the right-of-way is concerned with a 28 foot pavement section and swales on rather side
This is based on conception and discussion that have been on-going with staff Again, I
think Mr Arendt's noted, and just looking at trying to make the road section, as the
Comprehensive Plan asks for in the Transition Area, different from the rest of the City
and that's what this is, that's what - I think, what we're trying to accomplish But
because of that on either side of the 3 foot right-of-way, what we have done is shown ~s
20 foot wide, land, perpetual landscape easement within which there's a 5 foot sidewalk,
that's not a straight, you know, we're talking about sidewalk that is rneandenng and
double rows of trees on either s~de of that, within that landscape easement and that will
be maintained by the Homeowners Association on the fronts of all the homes along the
right-of-way That is - we consider that additional open space but for the purpose of
meeting all the criteria of the Comprehensive Zoning Ordinance, none of that has been
included in those computations, and my calculation that we had 51 percent of this total
area in open space area that does not include those easements either
Ronald Pdpley The lot hnes run into the easement9
Eddie Bourdon The lot lines - yes sir The lot lines run to the front - to the right-of-
way line, the easements within the lots, within the front of the lots
Ronald Pdpley Okay
Eddie Bourdon And so the fronts will be maintained, you know, by the community
association with the trees, the sidewalk, if you will, and other landscaping the Association
Item # 18-20
Poganto, L L C
Page 5
may put ~n If I could add one other thing, I neglected to mention Along the rear of
these lots there will not be privacy fencing, and that's one of the restrictions And that's
along the central park trail that runs through the middle of the neighborhood and along
the rear of the homes that adjoin - actually the fronts adjoin the Eqm-Kads, so that you
won't have any privacy fencing that blocks the views, the vlewscapes that we're trying to
create
Ronald Pdpley Any other questions of Mr Bourdon? Okay Is there anybody else?
Robert Miller Barbara Ford
Eddie Bourdon I apologize Let me do just one other thing and th~s will just take a
second The Munden's were here and had to leave and they ask me to read a very brief
statement on thexr behalf It's from Bill, Pochard, Wayne and Tommy Munden They
would like to in behalf of their family let the C~ty Planning Commission know that they
fully support this project They feel that this development fits into the Ideas that the City
has presented for the Transition Area south of the Green Line We own 75 acres adjacent
to this property and feel that this project will only enhance our property values Of
course this facility for Eqm-Kads is a great idea for the children in this area These kids
will benefit greatly from this project and the rewards will be far reaching We hope that
the City Planmng Commission passes this project and many more hke It I'll gtve this to
Mr White
Ronald Popley Thank you very much
Robert Miller Barbara Ford
Charhe Salle' Ron, before we get, could I
Ronald Rlpley Eddie, could you come back up9
Charhe Salle' As far as, Eddie, condition number 2, if ~ts adopted - the change ~s
adopted by the Commission, I would propose that ~t would read after the words Eqm-
Kads in that paragraph, we would add "and other orgamzatlons similar to Eqm-I<hds
providing service for persons with special needs" Would that
Eddie Bourdon Perfectly fine
Charhe Salle' Okay
Eddie Bourdon Your language is better than mine No problem w~th that whatsoever
Robert Mdler Okay Is everybody ready now?
Ronald Popley Yes
Robert Miller Barbara, you can come up now We just can't seem to get there
Barbara Ford Thank you My name ~s Barbara Ford My address ~s 2200 W~ndom
Place and I'm the Executive Director for Eqm-I<hds I had to write things down today
First of all, I would like to say thank you to the Planning Commission I know we've
been here several times and also thanks to the Planning staff I know it's been an
Interesting year We would also like to thank Jim Amhold who broke wood for their
vision and for taking Eqm-Kads on as their project and I think that it's very exciting for
us We've been in existence for 13 years now, and we have just had a huge success, w~th
all the specml needs populations that we've served over the last 13 years We teach not
only youths, but also adults And today, as of last week, we had served 175 Special Ed
children from the elementary school systems in Vlrgnma Beach and ]Norfolk at no charge
And so those children would have never had the opportunity to do that As of this week,
we have over a 170 people on our wmtlng hstjust waiting to nde Some of them as
young as 6 months old, just waiting to get into the program Pdght now, it's taken three
years or so to get into the program full t~me, so we desperately need to expand on our
Item it 18-20
Pdganto, L L C
Page 6
program What I would also like to say is that once this gets approved or on board and
stuff, the donation that P~ganto has made to the program is going already to be half way
toward our capital campaign goal which we're ready to set offthls smmner, so, we're
really excited about that Andjust to have the opportunity to show V~rginla Beach what
their Specml Ed population could do As far as the horse shows and everything go, I
have managed the State Therapeutic Horse Show for the past 3 or 4 years and have been
a member of that organization for the past 13 or 14 years We have about 80 therapeutic
riders or Special Ed riders that come in over two day weekend at the Virginia Horse
Center in Lexington The revenue that's generated from show fees, hotel fees, you know,
lodging, food fees and stuff, I think, would just be a welcome addition to the City of
Virginia Beach and I know a long time ago that the Mayor had once wanted Virginia
Beach to be one of the most progressive cities with their special needs interest and I think
having Eqm-Kads expand in this way, is just going to be a positive asset for Vlrglma
Beach I'd also like to say that last year and the year before, we've had special Olympic
competitions at the sites that we are now And as far as I know, Virginia Beach has been
selected for the Special Olympic State Games for the next two years and Eqm-Iqds was
the first site here to hold state games, as far as equestrian and so those are the kind of
horse shows were talking at Once a year type, mostly on the weekends I have been
approached by friends of mine in California that would like to have a national
competition here as well We travel all over the State My riders have also traveled to
Georgna and we plan to go to Vermont this summer just to compete So were not talking
just about the cbaldren that just are sitting at home riding with the three side walkers and
stuff We do have riders that do go off with their side walkers and leaders and they
compete all across the nation So these are the shows that we're talking about Not huge,
thousands like Virginia Horse Center, but enough to get the special needs populations
involved
Ronald Pdpley Okay Any questions of Ms Ford? I have a question The contribution
of the $400,000 and the land is significant Is that going to be sufficient to build your
facility or how much more do you th~nk you need to raise9
Barbara Ford We have already talked to several of the, hke the equestrian horse facility,
the builders And that should be able to do it What we're trying to do with our capital
campaign is have endowment funds and everything, so that for the next 5 or 10 years
were solidly locked in to expansion
Ronald Rlpley So this should build the facility you need9
Barbara Ford Ah hmmm With improvements and everything, but we would llke to
have additional funding for staffing Pdght now I'm the only full time person on the
program We need at least six more full-time and with th~s, it just boosts us because now
what we can do is then go to bigger foundations We are supported by a lot of Virginia
Beach foundations and we can now go into Norfolk and other areas and say that, you
know, we got this promise and hopefully get those foundations on board
Ronald Pdpley IS it your understanding that if your cost exceeds the $400,000, that's a
cost you pay for9
Barbara Ford Absolutely Absolutely And we're excited to be able to do that I think
once this is in place, everybody will be so amazed at what this is It's a therapeutic
program but it does so much more for these people then these citizen of the beach
Ronald Rlpley Any other questions9 Mr Din?
William Din I do have a question for Stephen White Changes to condition 2, is that
acceptable?
Stephen White Yeah That's fine Actually the way Mr Salle' winded it, like Eddie
says, better than the way Eddie worded it, so that's great
Wllham Din Thank you
Ronald R~pley Okay Any other questions Ms Ford9
Item # 18-20
Pdganto, L L C
Page 7
Barbara Ford Thank you
Ronald Pdpley Thank you very much Is there any other speaker9
Robert Miller No str
Ronald Pdpley If there are no other speakers, ts there anybody ~n opposttton that hasn't
stgned up who w~shes to speak9 Okay Eddte, do you have anythmg to add9 That's good,
that's very good Okay Alnght, do you have any comments here9
Betsy Atk~nson I do
Ronald Pdpley Yes
Betsy Atktnson I know, I know Mr Bourdon and everyone tnvolved', tn thts process ts
worktng really, really hard to put thts together And I actually saved 'my previous
agendas from this and I've read through them the other night when I was readtng the
present one, and tt's remarkable how far and how really good looktng thts project ~s And
a couple of things that I really hke ~s the 21,000 average square foot lots that we talked
about, and also the swale which ts gotng to gtve that rural look when you drive through
there wtth the landscaptng on e~ther stde I just want to comphment everybody tn the
process and I know tt was hard getttng there A lot of sleepless mghts but - and I would
be wflhng to make a motton at the appropriate time
Ronald Pdpley Okay Any other comments9 I would like to comment also I th~nk,
anybody's just ~n the audience here that ts not famfltar wtth thts particular apphcatlon,
just to retterate, that has been through four deferrals and tt's been going on a long ttme
and we've had some very long pubhc heanng on tt The plan that's here ~n front of us,
want to comphment Mr Scott and hts staff for revtewtng and accepting some very
cutting edge design crtterm that's here, and ~t's a very exciting plan, qmte frankly, and
th~nk the way tt's laid out and the road systems, the way the lots - and the way you
~ntertw~ne the open space and some easements to achteve open space ~s commendable
th~nk the developer d~d a finejob of this also I don't know how th~s will play when ~t
moves up to Council but from my optmon, Ithtnk ~t's very well - very good
Betsy Atktnson And the engtneer
Ronald Pdpley I wasn't going to say that but the engineer too So, tfthere are no other
cornments? Mr Scott, did you want to make any comments'~
Robert Scott No str I'm fine
Ronald Pdpley You commented enough Okay Betsy ~f you do want to make a motion
Betsy Atktnson Yeah I would hke to make a motton to also ~nclude ~n the condttton
number 2 as, and I don't have that exact wordtng but, Charhe do you want to say?
Charhe Salle' Yes At the end of that sentence you would add "and other orgamzattons
stmflar to Eqm-ICdds servtng persons w~th special needs"
Betsy Atklnson Thank you And that's for condltton number 29 And also tn condttton
number 3, I'd hke to also add at the end of 14 feet and "no outside pagtng" And w~th
that, I would recommend approval of the apphcaUon
Dorothy Wood Second ~t
Ronald Rlpley So we have a motton by Betsy Atkmson, seconded by Dot Wood, and
Mr Miller9
Item # 18-20
Rlganto, L L C
Page 8
Robert Miller Well, I need to abstmn but I need abstmn not because I'm the engineer
The landscape architect is Mike Perry and the people on our staiTwotked very hard w~th
Stephen and like you said the professional staff of the City so ! w~ll abstmn and it's a long
abstention because my firm ~s working on the project Thank you
Ronald Rlpley Okay So, we have a motion and a second We're ready to vote
AYE 10 NAY 0 ABS 1 ABSENT 0
ATKINSON AYE
BAUM AYE
CRABTREE AYE
DIN AYE
HORSLEY AYE
MILLER
RIPLEY AYE
SALLE' AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
ABS
Ronald R~pley By a vote of 10-0 w~th one abstention, the motion passes
Eddie Bourdon Thank you all very much for patience and hstenlng to th~s so many
times
Ronald R~pley Thank you for your patience
Robert Miller It's like a real love lest here
A~aps ~ 12,13
Mop No% to Sco]e
Riganto, L.L. C.
2
Conditional Rezoning
AG-2
Gpin 2413-59-9454
.
3
4
5
6
7
8.
9
10.
11
12.
13.
14
15.
Change of Zoning (B-2
Conditional Use Permit
Conditional Use Permit
Conditional Use Permit
Change of Zoning (B-2
Subd~ws~on Vanance-
Conditional Use Permit
Conditional Use Permit
Conditional Use Permit (gas station) - Den~ed, 11-5-84 & 6-17-85, Granted, 6-25-
96
Downzone by C~ty to AG-1 and AG-2, 8-27-86
Conditional Use Permit (s~ngle-fam~ly dwelling) - Granted, 12-10-84
Conditional Use Permit (s~ngle-fam~ly dwelhng)- Granted, 4-15-85
to R-15) - Granted, 11-12-96
(outdoor recreation) - Granted, 10-10-88
(athletic club and outdoor recreation) - Granted, 9-25-90
(church)- Granted, 3-26-90 and 8-28-93 (expansion)
to R-15) - Granted, 9-12-95
granted, 10-23-90
(borrow p~t) - Den~ed, 12-10-91
- Granted, 12-11-89
Conditional Use Permit (retail sales) - Den~ed, 7-9-91
Floodplain Variance - Den~ed, 11-23-99, Reconsidered and Granted, 1-4-00
Modification to Land Use Plan- Granted, 12-17-91 and 5-10-94
Change of Zoning (AG-2 to B-2) - Granted, 5-25-99
Conditional Use Permit (lodge/meeting hall)- Granted, 4-27-99
FORM NO P $ 119
~}~ IC ity o f Vi r g i n ita Ft e a c h
~-~ INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5203
DATE: July 31, 2003
TO: Leslie L. Lilley,~.~r~ DEPT: City Attorney
FROM: B. Kay Wilson~J" DEPT: City Attorney
Conditional Zoning Application
Riganto, L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 12, 2003. I have reviewed the subject proffer agreement, dated
April 15, 2002, 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
Enclosure
PREPARED BY
AtlEI~N & [.[NY PC
RIGANTO, L.L.C., a Virginia limited liability company
SUSIE W. HILL,
DAVID B. HILL, JR. and
LUKE H. HILL, II
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 15th day of April, 2002, by and between
RIGANTO, L.L.C., a Virginia limited liability company, GRANTOR, party of the first
part; SUSIE W. HILL, DAVID B. HILL, JR., and LUKE H. HILL, II, GRANTORS,
parties of the second part; and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, GRANTEE, party of the third part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a parcel of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 276.952i acres, and described as "Parcel One" in Exhibit
"A' attached hereto and incorporated herein by this reference. Said parcel is
hereinafter referred to as the "Property"; and
WHEREAS, the party of first part, being the contract purchaser of the
"Property" as described herein has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE
so as to change the Zoning Classifications of the subject property from AG-1 and AG-
2 to R-20 Residential District, subject to an open space promotion conditional use
permit, and P-1 Preservation District; and
GPIN: 2413-59-9454
RETURN TO: SYKES BOURDON, AHERN & LEVY, P.C.
PEMBROKE ONE BUILDING, THE FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462
PREPARED BY
/SYI~ES, I~()I'EDON.
AtI[RN & [~Y P C
WHEREAS, the GRANTEE'S policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the 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 Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the GRANTORS'
rezoning application gives rise; and
WHEREAS, the GRANTORS have voluntarily proffered, in writing, in advance
of and prior to the public hearing before the GRANTEE, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-20
Zoning District, the Open Space Promotion Option and P-1 Zoning Districts by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which
has a reasonable relation to the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the GRANTORS, for themselves, their successors,
personal representatives, assigns, grantees, and other successors in tire or interest,
voluntarily and without any requirement by or exaction from the GRANTEE or its
goveming body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming
under or through the GRANTORS, their successors, personal representatives,
assigns, grantee, and other successors in interest or title and which will not be
required of the GRANTORS until the Property is developed:
PREPARED BY
SYI~[S, lt0UtlDON.
AlII;lIN & LEVY PC
1. When the Property is developed, it shall be developed as a single family
residential community of no more than two hundred fifty-six (256) building lots with
parklands, open spaces, trails, an Equi-Kids Therapeutic Riding Center and other
amenities substantially in conformance with the Exhibit entatled "Conceptual Site
Layout Plan of Heritage Park Sandbridge Road, Virginia Beach, VA" dated 4/02/02,
prepared by MSA, P.C., which has been exhibited to the Virgima Beach City Council
and is on file with the Virginia Beach Department of Planning ("Concept Plan").
2. When development of the Property is commenced, the party of the first
part shall install the landscaped "Entrance Plan", "Identification Signage', a six foot
(6) wide paved multipurpose trail, and stormwater retention lakes vath wetlands
benches substantially in accordance with the plan entitled "Details of Heritage Park
Sandbridge Road, Virginia Beach, VA.", dated 4/02/02, prepared by M SA, P.C.,
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning ("Detail Plan").
3. When the property is subdivided that portion of the Property Zoned R-
20 shall be subject to a recorded Declaration of Protective Covenants, Conditions and
Restrictions ("Deed Restrictions") administered by a Property Owners Association.
The Entrance feature from Sandbridge Road as well as the Open Space areas
depicted on the Concept Plan and any other common areas shall be dedicated to and
maintained by the Property Owners Association. The Deed Restrictions which
include Articles providing for Architectural Controls and Mandatory assessments,
has been exhibited to the Virginia Beach City Council and ~s on file with the Virginia
Beach Department of Planning. The Deed Restrictions require "staggered" front yard
setbacks for each house to create a varied streetscape. The Deed Restrictions
require decorative white cast aluminum "Williamsburg" mmlboxes and only white
aluminum fencing which is no more than fifty percent (50%) opaque.
4. All homes constructed on the residential lots depicted on the Concept
Plan shall have an exterior surface of at least seventy-five percent (75%) brick and all
front yards and side yards adjacent to a public street shall be sodded. Each home
shall have a minimum of 2800 square feet of heated living area.
5. When the Property is subdivided, the approximately 90.9 acres of land
zoned P-1 as depicted on the "Rezoning Exhibit of Heritage Park Sandbridge Road,
PREPARED BY
§Yl~t;§. t~OUt/i)ON,
AtlEt/N & LEVY, PC
Virginia Beach, VA." dated 4/02/02, prepared by M SA, P.C., which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Zoning Exhibit") shall be transferred, by Deed of Gift to
EQUI-KIDS THERAPEUTIC RIDING CENTER, a Virginia non-profit corporation. In
addition, the GRANTOR, party of the first part, shall contribute the sum of
$400,000.00 in improvements to the Equi-Kids Therapeutic Riding Center and shall,
prior to subdivision approval, post a performance bond in that amount with the
GRANTEE securing installation of the fencing, access road, stables and facilities as
depicted on the Concept Plan and on Renderings prepared by Porterfield Design
Center dated May 15, 2001, which have been exhibited to the Virginia Beach City
Council and are on file in the Virginia Beach Department of Planning.
6. Further conditions may be required by the GRANTEE during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the GRANTOR (party of the
first part) and GRANTORS (party of the second part) and allowed and accepted by the
GRANTEE, party of the third part, as part of the amendment to the Zoning
Ordinance, shall continue in full force and effect until a subsequent amendment
changes the zoning of the Property and specifically repeals such conditions. Such
conditions shall continue despite a subsequent amendment to the Zoning Ordinance
even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of recordation
of such instrument, provided that said instrument is consented to by the GRANTEE
in writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the GRANTEE, after a public hearing before the GRANTEE
which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so recorded,
said instrument shall be void.
PREPARED BY
/gYi~[5, t~OUt~DON.
AtI[RN & LEVY. p C
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the GRANTORS shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names of the GRANTORS and the
GRANTEE.
PREPARED BY
JSYI~[S. I~OUI~I)ON.
Attr~N & L[YY. PC
WITNESS the following signature and seal:
GRANTOR:
Riganto, L.L.C.,
a Virginia limited liability company
By: ~ ~ (SEAL)
~ Managing Member
STATE OF VIRGINIA
CITY OF '~'"'~ ..... "" ~'~u to-wit:
/
The foregoing instrument was acknowledged before me this t day of April,
9.002, by dames M. Amhold, Managing Member of Riganto, L.L.C., a Virginia limited
liability company, Grantor.
Notary Public
My Commission Expires:
PREPARED BY
/SYI~[S. itOUttDI)N.
AtI~N & [D/Y PC
WITNESS the following signature and seal:
GRANTOR:
Susie W. Hill
(SEAL)
STATE OF VIRGINIA
CITY OF/~~~~CII, to-wit:
The foregoing instrument was acknowledged before me this
2002, by Susie W. Hill, Grantor.
~ Notary Public
/ 7 day of April,
My Commission Expires: '~" 2 t D c~
PREPARED BY
l§YILES. i~OUl~l)ON,
AtlERN & LEVY. PC
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this / 7
9.002, by David B. Hill, Jr., Grantor.
Notary Public
My Commission Expires:
(SEAL)
day of April,
PREPARED BY
§YI([S. I~01~I~I)ON.
Atli~N & Linty. PC
WITNESS the following signature and seal:
GRANTOR:
"~' ~ ~ ,(SEAL)
Luke H. Hill, II
STATE OF VIRGINIA
CITY OF ~ s~u to-wit:
I
The foregoing instrument was acknowledged before me this //'
2002, by Luke H. Hill, II, Grantor.
. Notary Public
My Commission Expires: '~'' $ ~ ' ~ ~
day of April,
PREPARED BY
JSYI~ES I~OIrI~DON.
All[tiN & LEVY PC
EXHIBIT "&"
ALL THAT certain tract, piece or parcel of land with the improvements thereon and
the appurtenances thereunto belonging, lying, situate and being in Princess Anne
Borough in the City of Virginia Beach, Virginia, and more particularly bound and
described as follows, to-wit:
BEGINNING at a point on the southern side of the right of way of Sand Bridge Road
in the dividing line between this property and the property now or formerly Garrison,
and from said point of beginning, running thence North 81° 52' 50' West 25.5 feet to
a pin; thence continuing the same course 159.7 feet to a pin; thence North 81° 37'
50' West 128.10 feet to a pin; thence North 78° 22' 50' West 177.50 feet to a pin;
thence North 78° 37' 50' West 118.00 feet to a pin; thence turning and running
North 31° 07' 10" East 268.4 feet to a pin; thence North 31° 22' 10" East 138.6 feet
to a pin; thence North 31° 07' 10' East 133.90 feet to a pin; thence turning and
running North 41° 22' 50' West 330.00 feet to a pin; thence North 39° 37' 50' West
165.66 feet to a pin; thence North 51° 52' 50' West 235.60 feet to a pin; thence
turning and running South 43° 59' 10" West 211.5 feet to a pin; thence South 45°
59' 10" West 222.00 feet to a pin; thence South 48° 49' 10' West 226.2 feet to a pin;
thence South 48° 44' 10" West 109.00 feet to a pin; thence South 48° 24' 10" West
122.1 feet to a pin; thence turning and running South 44° 15' 50' East 106.20 feet
to a pin; thence South 44° 20' 50" East 263.10 feet to a pin; thence South 44° 15'
50' East 255.5 feet to a pin; thence South 42° 45' 50" East 94.50 feet to a pin;
thence South 43° 55' 50" East 202.0 feet to a pin; thence South 42° 50' 50" East
50.5 feet to a pin; thence turning and running South 24° 49' 10" West 120.5 feet to
a pin; thence South 25° 44' 10" West 227.90 feet to a pin; thence turning and
running South 34° 30' 50" East 218.50 feet to a pin; thence South 29° 35' 50' East
339.40 feet to a pin; thence turning and running South 78° 14' 10" West 275.00 feet
to a pin; thence South 66° 14' 10" West 233.00 feet to a pin; thence South 57° 14'
10" West 28.85 feet to a point; thence turning and running North 37° 14' 10" West
53.56 feet to a pin; thence North 39° 09' 10" West 202.60 feet to a pin; thence North
37° 59' 10" West 168.90 feet to a pin; thence North 39° 11' 10" West 408.3 feet to a
pin; thence North 36° 24' 10" West 129.5 feet to a pin; thence North 46° 59' 10'
West 167.70 feet to a point; thence North 43° 18' 10" West 44.9 feet to a marked
Beech tree; thence North 52° 09' 10" West 549.00 feet to a pin; thence North 54° 29'
10" West 140.20 feet to a pin; thence North 50° 13' 00" West (.)84.14 feet to a pin;
thence North 70° 49' 40" West along the center of a lead ditch 514.89 feet to a point;
thence North 60° 44' West 603.27 feet to a point; thence turning and running South
34° 40' 19" West 344.38 feet to a point; thence South 18° 37' 24" West 18.93 feet to
a pin dividing this property from the property of W. W. Oliver, fomerly Pungo
Airfield; thence turning and running along the dividing line between this property
and the property of Oliver South 70° 28' 40" West 202.11 feet to a pin; thence South
63028' 40" West 128.92 feet to a pin; thence South 55006' 10" West 165.91 feet to a
pin; thence turning and running North 67020' 35" West 171.23 feet to a pin; thence
North 82° 12' 25" West 333.95 feet to a pin; thence North 79° 50' 38" West 1,168.90
10
PREPARED BY
M$Y13;$.
Atl[RN & I.[VY. PC
feet to a point; thence turning and running along the dividing line between this
property and the property now or formerly Williamson North 56° 56' 55" East 247.65
feet to a point; thence North 49° 26' 55" East 186.92 feet to a point; thence North
26° 32' 22" East 46.53 feet to a point; thence North 49° 26' 55" East 94.90 feet to a
point; thence North 66° 46' 00" East 203.32 feet to a point; thence North 53° 35'
52" East 133.88 feet to a point; thence North 64° 26' East 88.79 feet to a point;
thence North 45° 25' 11" East 43.37 feet to a point; thence North 50° 46' 32" East
154.83 feet to a point; thence North 63° 25' East 189.39 feet to a point; thence
North 52° 59' 10" Eat 552.28 feet to a point; thence North 57° 43' 36" East 122.82
feet to a point; thence North 50° 35' 48' East 172.66 feet to a point; thence North
58° 45' 33" East 220.65 feet to a point; thence North 43° 35' 39" East 49.59 feet to a
point; thence North 56° 37' 36" Eat 379.40 feet to a point; thence North 45° 03' 47"
East 108.18 feet to a point; thence North 30044' 54" Eat 649.99 feet to a point in the
southern side of the right of way of the Sandbridge Road; thence turning and
running along the southern side of the right of way of the Sandbridge Road along the
arc of a circle, the radius of which is 331.02 feet, an arc distance of 160.84 feet to a
point; thence continuing along the arc of a circle the radius of which is 138.50 feet,
the arc distance of 92.03 feet; thence continuing along the said right of way North
71° 08' East 21.90 feet; thence continuing along the arc of a circle the radius of
which is 638.51, an arc distance of 136.71 feet; thence continuing North 58° 51' 55"
East 197.55 feet; thence continuing along the said right of way, along the arc of a
circle, the radius of which is 367.10 feet, an arc distance of 233.98 feet; thence
continuing South 84° 36' 56" East 670.53 feet to a point; thence along the arc of a
circle, the radius of which is 360.00 feet, an arc distance of 220.78 feet; thence
South 49° 28' 35" East 36.52 feet to a point; thence South 49° 46' 50" East 400.03
feet to a point; thence South 49° 35' 21" East 379.55 feet to a point; thence leaving
the said fight of way and running thence South 38° 05' 10" West 266.38 feet to a
pin; thence turning and running South 48° 42' 20" East 171.0 feet to a point;
thence turning and running North 38° 05' 10" East 267.02 feet to a point in the
southern side of the right of way of the Sandbridge Road; thence turning and
running along the southern side of the right of way of the Sandbridge Road, South
48° 49' 57" East 160.24 feet to a point; thence South 49° 02' 35' East 996.39 feet to
a point; thence along the arc of a circle, the radius of which is 615.00 feet, an arc
distance of 288.61 feet; thence South 22° 09' 19" East 92.21 feet to a point; thence
along the arc of a circle, the radius of which is 815.00 feet, an arc distance of 102.29
feet; thence South 29° 20' 50' East 68.15 feet; thence South 28° 16' 50" East 78.60
feet to a point; thence South 24° 00' 24" East 69.87 feet to a point; thence South
20° 30' 50" East 72.00 feet to a point; thence South 12° 33' 50" East 32.39 feet to a
point; thence South 07° 05' 07" East 549.55 feet to a point; thence along the arc of
a circle, the radius of which is 284.50 feet an arc distance of 166.1 feet to a point;
thence South 26° 22' 00' West 320.10 feet to the point of beginning.
11
PREPARED BY
ISYi~[§. l~()l !ED()N.
AtlEIIN & LDrY. PC
Said parcel of land containing 296.545 acres and being shown on a certain plat of
survey entitled "Survey of Property of D. B. Hill, et al, in Princess Anne Borough,
Virginia Beach, Virginia, made by Bruce B. Gallup, Surveyor and dated September
24, 1975. Reference to said plat is hereby made for a more particular description of
said property.
GPIN: 2413-59-9454
CONCREZN/RIGANTO / HERITAGE/PROFFER7
~'v 4/15/o2
12
Item V-LZ
- 34-
PLANNING
ITEM # 4 7759 (Contmued)
I/otmg 10-0
Council Metnbers Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sesso~ns, Jr
February 13. 2001
Item V-I.Z
- 33 -
PLANNING
ITEM # 47759 (Contmued)
The proposed buddmg and canopy shall substanttally conform to
the prehmma~ elevatton tttled "PROPOSED CONVENIENCE
STORE & GAS PUMPS FOR SAIR ENTERPRISES, INC"
prepared br' Otts Meekms, AIA, Archttect, dated November 14,
2000, and on file tn the Ctty of Vlrgtnta Beach Planmng
Department subject to thejollowtng condtttons
The proposed buddmg and canopy shall be of a colomal design
to match the extsttng butldmg The butldtng matertals shall be
brtck to match the extsttng brtck and the roofing matertals shall
be fiberglass roof shingles to simulate the slate roof of the
extstmg building
The proposed canopy shall have a mansard roof wtth fiberglass
roof shtngles to stmulate the extsttng budding's slate roof and
shall be supported by brtck columns
The extsttng nonconformtng monument stgn shall be removed
and may be replaced wtth a conforming monument stgn The
base of the stgn shall be of the same brick as the proposed
butldmg
The stte shall employ low level ltghtlng, as requtred tn ~ 224 of
the Ctty Zonmg Ordtnance
Automottve repatr shall be only the type as spectfically defined
tn the Cay Zoning Ordinance under ~ 111 Defimttons -
Automobile repair estabhshment or Automottve Servtce
Estabhshment
No outstde storage of vehtcles, auto parts or ttres wtll be
permttted, other than tn the destgnated outstde storage area
Vehtcles may be located outstde the storage area whtle awattmg
servtce or repair or ptckup b¥ the customer after servtce or
repatr No more than 30 vehtcles shall be stored wlthtn the
vehtcle storage area The storage area shall be screened by the
fence and Category VI land~caplng The portton of the fence
factng South Lynnhaven Road shall also be screened as noted,
wtth the exception of the area of the gate accesstng the storage
area A new fence ,hall be tnstalled
All servtce work on vehtcles shall be performed tnstde the
butldtng
Stgn~ _for the stte shall be hmtted to traffic control stgns, the
monument stgn noted above tn Condttton Three, and such other
signs for the service statlon bulldlng as permltted under Sectton
905 of the C1(¥ Zoning Ordlnance No stgns for the convenience
store, other than one (1) busmess ldenttficatton sign, shall be
mstalled Signs constructed of exposed neon shall not be
installed on the convemence st. ore, mcludl.ng on the windows so
as to be vtstble from the publtc rtght-o_f-wa¥
Thts Ordinance shah be effecttve tn accordance wtth Sectton 107 09 of the Zoning Ordtnance
Adopted by the Council of the City of Vtrglnta Beach, Vtrgmta. on the Thtrteenth o_f Februa~. Two
Thousand One
Februa~. 13, 2001
Item V-I. 2.
- 32 -
PLANNING ITEM # 47759
Attorney Edward Bourdon, Pembroke One, Phone 499-8971, represented the apphcant
Attorney Davtd Hay, 228 North Lynnhaven Road, Sutte 107, Phone 481-0000, represented Kay Chaplatn,
the adjacent property owner and regtstered tn OPPOSITION to the automottve storage
Upon motton by Councd Lady McClanan, seconded by Counctlman Branch, Cay Counctl ADOPTED
Or&nance upon apphcatton of SAIR ENTERPRISES, INC., for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF SAIR ENTERPRISES, INC
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE, AUTOMOTIVE REPAIR AND AUTOMOTIVE STORAGE )
R02013028
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordmance upon apphcatton of Satr Enterprtses, Inc for a Condtttonal
use Permtt for an automobtle servtce statton tn conjunctton wtth a
conventence store, automottve repatr and automottve storage at the
northwest corner of South Lynnhaven Road and Sthna Drtve (GPIN
#1497-10-7039) Satd parcel ts located at 3096 South Lynnhaven Road
and contams 41,599 8 square feet ROSE HALL - DISTRICT3
The followtng condtttons shall be requtred
The stte shall substanttally conform to the submttted prehmtnary
stte plan tttled "PROPOSED CONVENIENCE STORE & GAS
PUMPS FOR PLAZA CITGO, 3096 South Lynnhaven Road,
Vtrgtnta Beach, Va 23450, for SAIR ENTERPRISES, INC"
prepared by Otts Meektns, AIA, Archttect, dated November 14,
2000, and on file tn the Ctty of Vtrgtnta Beach Planning
Department subject to the folIowtng con&ttons
a Category IVscreemng shall be tnstalled along the enttre length
of the property hne along Hospttal Drtve
The street frontage screentng along South Lynnhaven Road shall
exceed the requirements of the Stte Plan Ordinance, 3~ 5A The
plants shall be a mtx of dense evergreen trees, such as Deodar
Cedar or Leland Cypress, permttted street trees and shrubs
The two extsttng entrances on South Lynnhaven Road shall be
closed and replaced with a stngle entrance Artght turn lane
must be constructed along the full frontage of the site on South
Lynnhaven Road to Sthna Drtve The rtght turn lane taper shall
be 50feet, and the corner radtus at South Lynnhaven Road and
Sdma Drtve shall be 35feet
The extsttng entrances on Sthna Drtve shall be closed and
replaced wtth a smgle entrance [t shah be located so there ts a
mtmmum 50-foot tangent section between the end of the corner
radtus at South Lynnhaven Road and the begtnnmg of the
entrance radta! return
February l3. 2001
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Sair Enterprises, Inc.- Modification of a Conditional Use Permit
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Apphcation of Sair Enterprises, Inc. for a Mod~flcabon of a
Condibonal Use Permit for an automobile service station ~n conjunction with a
convenience store and storage yard approved by City Council on February 13,
2001. Property is located at 3096 South Lynnhaven Road (GPIN 1497107039).
DISTRICT 3- ROSE HALL
Considerations:
The s~te was rezoned from RS-4 Residence Suburban D~stnct to CG-2 General
Commercial District on March 12, 1962. A condibonal use permit for a gasoline
supply stabon was approved on March 7, 1966. The site has been zoned B-2
Community Business District since 1973. In February 2001, C~ty Councd
approved a Condibonal Use Permit for automobile service station w~th a
convenience store, automotive storage, and automobve repair.
Condition 2 requires that the building be constructed consistent with the elevation
approved with the 2001 Conditional Use Permit The drawing shows a canopy
connecting the ma~n building with the canopy covering the gas pump area. The
applicant is requesting that this canopy be deleted as a requirement. The building
as constructed does not have this portion of the canopy.
The applicant also desires to modify the Conditional Use Permit by removing one
of the uses prewously allowed (automobile storage), expanding a prewously
approved use (automobve repair) and adding an additional use (car wash)
The ex~sting automobile storage area ~s located behind the building. Th~s area
w~ll be eliminated and instead ubhzed for an access drive to the proposed car
wash, trash dumpster and a parking space (designated on the s~te plan for the
manager).
The ex~sbng building has three service bays facing South Lynnhaven Road. The
apphcant proposes an addition to the north end of the building providing two
more service bays and a car wash. The design of the addibon wdl match the
ex,sbng budding, ,ncludmg a brick exterior and architectural style fiberglass
shingles on the roof
Sa~r Enterprises
Page 2 of 3
The Planning Commission placed this item on the consent agenda because ~t ~s
an ex~st~ng use and has the potential for ~mproving the aesthetics of the s~te.
Staff recommended approval. There was no opposition to the request
Recommendations:
The Planning Commission passed a mobon by a recorded vote of 10-0 to
approve this request with the following condibons:
.
The site shall substanbally conform to the submitted preliminary site
plan btled "PLAZA CITGO CARWASH & 2 SERVICE BAYS, 3096
South Lynnhaven Road, V~rg~nia Beach, Va 23452", dated April 26,
2003, and which ~s on file ~n the City of V~rgm~a Beach Planmng
Department subject to the following condibons.
a In lieu of the Iocabon of the trash dumpster as shown on the
plan, the applicant shall cooperate w~th staff dunng site plan
rewew to determine a new Iocabon.
b. Category IV screening shall be ~nstalled along the entire length
of the property line along Hospital Drive.
c. The street frontage screening along South Lynnhaven Road
shall exceed the requirements of the S~te Plan Ordinance,
Section 5A. The plants shall be a m~x of dense evergreen trees,
such as Deodar Cedar or Leland Cypress, permitted street
trees, and shrubs.
d. The two ex~sbng entrances on South Lynnhaven Road shall be
closed and replaced with a single entrance. A right turn lane
must be constructed along the full frontage of the site on South
Lynnhaven Road to Sil~na Drive. The right turn lane taper shall
be 50 feet, and the corner radius at South Lynnhaven Road and
S~lina Drive shall be 35 feet.
e. The existing entrances on Silma Drive shall be closed and
replaced w~th a single entrance. It shall be located so there is a
m~nimum 50-foot tangent secbon between the end of the corner
radius at South Lynnhaven Road and the beginning of the
entrance radial return.
2. The proposed budding and canopy shall substantially conform to the
elevation btled "S. LYNNHAVEN ROAD ELEVATION" on the plan btled
"PLAZA CITGO CARWASH & 2 SERVICE BAYS, 3096 South
Lynnhaven Road, Virginia Beach, Va. 23452", dated April 26, 2003,
and is on file ~n the City of V~rgmia Beach Planning Department.
3. The ex~sting nonconforming freestanding s~gn shall be removed and
may be replaced w~th a conforming monument sign. The base of the
s~gn shall be of the same brick as the proposed building
All lighting on the s~te shall be consistent w~th those standards
Sair Enterprises
Page 3 of 3
recommended by the Illuminabon Eng~neenng Society of North
America (IESNA). A photometric I~ghbng plan ind~cabng the number
and types of lighting w~ll be submitted as part of the formal s~te plan
submission for review by the Police Department to determine
consistency with Crime Prevention Through Environmental Design
(CPTED) principles and practices. Lighting shall be ~nstalled and
operated as shown on the approved plan. Canopy hghting shall
consist of flush mounted fixtures on the ce~hng of the canopy. All
I~ghbng shall be directed inward and downward within the s~te so as to
eliminate glare onto a adjacent properties and rights-of-ways.
.
Automotive repair shall be only the type as specifically defined in the
City Zoning Ordinance under Section 111 Definibons - Automobile
repair establishment or Automotive Service Estabbshment.
6. No outside storage of vehicles, auto parts or tires will be permitted.
7. All service work on vehicles shall be performed inside the building.
8. No outside speakers wdl be allowed.
9. Hours of operation for the car wash shall be 6.00 a.m. to 10:00 p m.
10.
S~gns for the site shall be hm~ted to traffic control s~gns, the monument
sign noted above ~n Condibon Three, and such other signs for the
service stabon building as permitted under Section 905 of the City
Zoning Ordinance. No s~gns for the convenience store, other than one
(1) bus~ness ~denbfication s~gn, shall be installed. No signs for the car
wash, other than one (1) business ~dentiflcabon s~gn, shall be ~nstalled.
Signs constructed of exposed neon shall not be installed on the
convenience store or car wash, ~nclud~ng on the windows so as to be
visible from the public right-of-way
Attachments:
Staff Rewew
D~sclosure Statement
Planning Commission M~nutes
Locabon Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Department~z~ ~
City Manage~ ~"~
SAIR ENTERPRISES, INC./# 14
July 9, 2003
General Information:
APPLICATION
NUMBER: H07-210-MOD-2003
REQUEST:
Modification of Conditions placed on a condibonal use permit for an
automobde service station w~th a convenience store, automobve repair,
and automobile storage, approved by C~ty Council on February 13,
2001
ADDRESS:
3096 South Lynnhaven Road
Map H-7
Mop Not to Sc~e
SAIR Inc.
Nlodificat~on of Conditions
GPIN:
14971070390000
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC./# 14
Page 1
ELECTION
DISTRICT:
SITE SIZE
STAFF
PLANNER:
PURPOSE:
3 - ROSE HALL
0.955 acre
Faith Christie and Stephen White
Applicant desires to (1) eliminate a requirement for the ~nstallabon of a
canopy between the gas pump canopy and the ma~n building, (2)
eliminate the automobde storage area, and (3) add two service bays
and a car wash.
Major Issues:
Ensunng that the requested modiflcabons to the Conditional Use Permit
condibons are appropriate and do not negabvely affect the surrounding
properties.
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
An automobde service stabon that
recently underwent a substantial
redevelopment effort consistent with the
2001 use permit is located on the s~te
The site is zoned B-2 Community
Business D~strict.
Surroundinq Land Use and Zoning
North:
South:
East:
· A vacant parcel/B-2 Community Bus~ness District
· S~lina Drive
· Across S~lina Drive a Convenience Store w~th Gas Pumps /
B-2 Community Business D~stnct
· South Lynnhaven Road
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 2
West:
· Across South Lynnhaven Road, Multiple-Family Dwellings /
A-18 Apartment District
· Hospital Drive
· Across Hospital Drive Single Family Dwellings / R-7.5
Residential D~strict
Zoninq History
The site was rezoned from RS-4 Residence Suburban District to CG-2 General
Commercial D~strict on March 12, 1962. A conditional use permit for a gasoline supply
station was approved on March 7, 1966. The s~te has been zoned B-2 Community
Bus~ness D~strict s~nce 1973. In February, 2001, City Councd approved a Conditional
Use Permit for automobile service stabon w~th a convenience store, automobve storage,
and automotive repair.
Air Installation Compatible Use Zone (AICUZ)
The site ~s in an AICUZ of 70-75dB Ldn surrounding NAS Oceana
Public Facilities and Services
Water and Sewer
There ~s an 8 ~nch water ma~n ~n Sal~na Drive fronting the property and in South
Lynnhaven Road. The site ~s already connected to City water.
There ~s an 8 inch gravity sanitary sewer main ~n Sahna Drive fronting this property. The
s~te is already connected to C~ty sewer.
Transportation
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
The add~bon of a car wash and 2
19,130 service bays will generate an
South Lynnhaven Road ADT ~ 20,000 ADT ~ add~bona1120 to 140 tnps per
day
Average Dady Trips
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC./# 14
Page 3
Public Safety
Police:
The apphcant is encouraged to contact and work w~th the
Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevenbon Through
Environmental Design (CPTED)concepts and strategies as
they pertain to th~s site
Fire and Adequate.
Rescue:
Comprehensive Plan
The Comprehensive Plan recommends this area for retail, serwce, office, and other
compabble uses w~thin commercial centers surrounding neighborhoods and
communities.
Summary of Proposal
Proposal
The Conditional Use Permit permitting automobile service stabon with a convenience
store, automotive storage, and automotive repair was approved by the City Council on
February 13, 2001. The Conditional Use Permit has eight conditions'
1. The site shall substanbally conform to the submitted preliminary site plan btled
"PROPOSED CONVENIENCE STORE & GAS PUMPS FOR PLAZA CITGO,
3096 South Lynnhaven Road, Virginia Beach, Va. 23450, for SAIR
ENTERPRISES, INC.", prepared by Ohs Meekins, AIA, Architect, dated
November 14, 2000, and is on file in the City of V~rgin~a Beach Planning
Department subject to the following conditions'
a. Category IV screening shall be ~nstalled along the entire length of the
property line along Hospital Drive
b. The street frontage screening along South Lynnhaven Road shall exceed
the requirements of the S~te Plan Ordinance, Secbon 5A The plants shall
be a mix of dense evergreen trees, such as Deodar Cedar or Leland
Cypress, permitted street trees, and shrubs
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 4
C.
The two exisbng entrances on South Lynnhaven Road shall be closed and
replaced w~th a single entrance. A right turn lane must be constructed
along the full frontage of the site on South Lynnhaven Road to S~lina
Drive. The right turn lane taper shall be 50 feet, and the corner radius at
South Lynnhaven Road and Sil~na Drive shall be 35 feet.
d. The exisbng entrances on S~lina Drive shall be closed and replaced w~th a
single entrance. It shall be located so there is a m~nimum 50-foot tangent
section between the end of the corner radius at South Lynnhaven Road
and the beginning of the entrance radial return.
2. The proposed building and canopy shall substantially conform to the preliminary
elevabon titled "PROPOSED CONVENIENCE STORE & GAS PUMPS FOR
SAIR ENTERPRISES, INC." prepared by Otis Meekins, AIA, Architect, dated
November 14, 2000, and is on file in the C~ty of Virginia Beach Planning
Department subject to the following conditions:
a.
The proposed building and canopy shall be of a colomal design to match
the exisbng budding. The building materials shall be brick to match the
exisbng brick, and the roofing materials shall be fiberglass roof shingles to
simulate the slate roof of the exisbng building.
b.
The proposed canopy shall have a mansard roof with fiberglass roof
shingles to simulate the existing budding's slate roof, and shall be
supported by brick columns.
.
The existing nonconforming freestanding sign shall be removed and may be
replaced with a conforming monument s~gn. The base of the sign shall be of the
same brick as the proposed budding.
4. The site shall employ Iow-level lighting, as required in Section 224 of the City
Zoning Ordinance.
,
Automotive repair shall be only the type as specifically defined in the City Zoning
Ordinance under Section 111 Definitions - Automobile repair establishment or
Automotive Serwce Establishment.
6. No outside storage of vehicles, auto parts or tires wdl be permitted.
7 All service work on vehicles shall be performed ~ns~de the building
8 S~gns for the s~te shall be I~m~ted to traffic control s~gns, the monument sign noted
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 5
above in Condition Three, and such other signs for the service stabon building as
permitted under Section 905 of the City Zoning Ordinance. No s~gns for the
convemence store, other than one (1) bus~ness ~dent~flcabon s~gn, shall be
installed. S~gns constructed of exposed neon shall not be ~nstalled on the
convenience store, including on the w~ndows so as to be ws~ble from the public
right-of-way.
Condition 2 requires that the budding be constructed consistent w~th the elevabon
drawing shown below. The drawing shows a canopy connecbng the ma~n building with
the canopy covering the gas pump area. The apphcant is requesting that th~s canopy be
deleted as a requirement The building as constructed does not have this porbon of the
canopy (see photo on the next page).
CANOPY JOINING
GAS PUMP AREA
WITH BUILDING (as
approved by City
Council in 2001)
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. I # 14
Page 6
Missing canopy
The applicant also desires to modify the Condibonal Use Permit by removing one of the
uses previously allowed (automobile storage), expanding a prewously approved use
(automotive repair) and adding an addibonal use (car wash).
Automobile Storage Area
The existing storage area is located behind the budding. This area will be eliminated
and ~nstead ubl~zed for an access drive to the proposed car wash, trash dumpster and a
parking space (designated on the s~te plan for the manager)
Automotive Repair Bays
The exisbng building has three service bays facing South Lynnhaven Road. The
apphcant proposes an addition to the north end of the building providing two more
serwce bays. The design of the addition will match the exisbng building, ~ncludmg a
brick exterior and architectural style fiberglass shingles on the roof.
Car Wash
The addition proposed for the north end of the exisbng budding includes a single-bay,
drive-through car wash. Vehicular access to the car wash is provided via a drive aisle
that runs from the gas pump and convenience store parking area, around the rear of the
ex~sbng building, to the car wash entrance (Hospital Drive side). Vehicles exit the car
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC./# 14
Page 7
wash on the s~de facing South Lynnhaven Drive and then empty ~nto the parking area in
front of the service bays.
To accommodate the car wash, the trash dumpster is relocated to the rear of the s~te,
accessible via the drive for the car wash. Staff does not find this Iocabon to be the best
opbon for the trash dumpster due to its Iocabon on the car wash drive and the extent of
the reverse movement that would be required of the waste management truck servicing
the dumpster. Should th~s Mod~flcabon of Cond~bons be approved, staff w~ll work with
the apphcant dunng site plan review to determine an acceptable Iocabon for the trash
dumpster.
Evaluation of Request
The modiflcabon to Condition 2 ~s reasonable and is recommended for approval. The
modification of the Use Permit to allow for the addition of two automobile repair and
service bays and a car wash ~s also recommended for approval
The elim~nabon of the canopy between the main building and the canopy over the gas
pumps is reasonable. This canopy area would have served only as a partial covering of
individuals moving between the gas pump area and the main budding, since the sides
would have remained open to the elements. Its role as protecbon from the elements
would have been negligible Staff also concludes that the overall aesthebc affect of the
site is better without the connection between the gas pump area canopy and the main
building. The lack of the canopy results in less mass and thus a more human scale.
The addition of the two service bays and the car wash, and the resulting loss of the
automobde storage area, are reasonable and can be accommodated on the s~te. The
addibon should not result in any additional adverse affect on the surrounding area, and
actually should ~mprove the s~tuation through the loss of the storage area, which can, if
not properly maintained and monitored, have a significant adverse affect The design of
the additional service bays and the car wash are consistent w~th the ex~sting building,
which fits the surrounding area well due to the residential styhng of many elements of
the architectural design.
Staff, therefore, recommends approval as conditioned below.
Conditions
The site shall substanbally conform to the submitted preliminary s~te plan btled
"PLAZA CITGO CARWASH & 2 SERVICE BAYS, 3096 South Lynnhaven Road,
V~rg~nia Beach, Va. 23452", dated April 26, 2003, and which ~s on file in the C~ty
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 8
of Virginia Beach Planning Department subject to the following conditions:
a.
In lieu of the location of the trash dumpster as shown on the plan, the
applicant shall cooperate with staff dunng site plan review to determine a
new location.
b. Category IV screening shall be installed along the enbre length of the
property line along Hospital Drive.
C.
The street frontage screening along South Lynnhaven Road shall exceed
the requirements of the Site Plan Ordinance, Section 5A. The plants shall
be a mix of dense evergreen trees, such as Deodar Cedar or Leland
Cypress, permitted street trees, and shrubs.
d.
The two existing entrances on South Lynnhaven Road shall be closed and
replaced with a single entrance. A right turn lane must be constructed
along the full frontage of the site on South Lynnhaven Road to Silina
Drive. The right turn lane taper shall be 50 feet, and the corner radius at
South Lynnhaven Road and Silina Drive shall be 35 feet
e.
The existing entrances on S~lina Drive shall be closed and replaced with a
s~ngle entrance. It shall be located so there is a m~nimum 50-foot tangent
secbon between the end of the corner radius at South Lynnhaven Road
and the beginning of the entrance radial return.
.
The proposed building and canopy shall substantially conform to the elevation
titled "S LYNNHAVEN ROAD ELEVATION" on the plan titled "PLAZA CITGO
CARWASH & 2 SERVICE BAYS, 3096 South Lynnhaven Road, Virginia Beach,
Va. 23452", dated April 26, 2003, and ~s on file ~n the C~ty of Virginia Beach
Planning Department
.
The exisbng nonconforming freestanding sign shall be removed and may be
replaced with a conforming monument s~gn The base of the sign shall be of the
same br~ck as the proposed budding.
All hghtmg on the site shall be consistent w~th those standards recommended by
the Illumination Engineering Society of North America (IESNA). A photometric
lighting plan ~nd~cabng the number and types of hghting w~ll be submitted as part
of the formal s~te plan submission for review by the Police Department to
determine consistency w~th Crime Prevention Through Environmental Design
(CPTED) principles and practices. Lighbng shall be ~nstalled and operated as
shown on the approved plan. Canopy lighbng shall consist of flush mounted
fixtures on the ceihng of the canopy. All hghbng shall be directed reward and
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 9
,
downward within the site so as to eliminate glare onto a adjacent properbes and
rights-of-ways
Automobve repair shall be only the type as specifically defined in the C~ty Zoning
Ordinance under Secbon 111 Deflnibons - Automobile repair establishment or
Automotive Serwce £stabfishment.
6. No outside storage of vehicles, auto parts or bres w~ll be permitted
7. All service work on vehicles shall be performed ~nside the building.
8. No outside speakers will be allowed.
9. Hours of operation for the car wash shall be 6:00 a.m. to 10:00 p.m.
10.
S~gns for the s~te shall be limited to traffic control signs, the monument sign noted
above ~n Condition Three, and such other signs for the service station building as
permitted under Secbon 905 of the City Zoning Ordinance. No s~gns for the
convenience store, other than one (1) bus~ness ~dentiflcat~on s~gn, shall be
installed No signs for the car wash, other than one (1) business idenbfication
s~gn, shall be installed. S~gns constructed of exposed neon shall not be installed
on the convenience store or car wash, ~nclud~ng on the w~ndows so as to be
wsible from the public right-of-way.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
rew'sion during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 10
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC./# 14
Page 11
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC. / # 14
Page 12
DISCLOSURE STATEMENT
Applicant's Name..,~ 2:!
List All Current
Property Owners: ~ c::~ j{~ ~___~~) I[~.
PROPERTY OWNER DISCLOSURE
If the property owner ts a CORPORATION, list ali officers of the Corporation below:
(Attach list if n.ece~sary) _
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners ~n the organization below: (Attach list
if necessary)
I-I Check here if the property owner is NOT a corporation, partnership, firm, or other
unincorporated organization.
if the applicant is not the current owner of the property, complete the Applicant Disclosure
section below:
APPLICANT DISCLOSURE
tf the property owner ~s a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
if necessary)
Check here ~f the property owner ~s NOT a corporation, partnership, firm, or other
umncorporated organizabon
CERTIFICATION: ! certify that the information contained herein is true
and accurate.
,...
Signature~ Print Name
' r r . ' ~ ..... · .. , ......... ~,,,,~ f~, ~,. :, ........ ~ ....... mi,-,,,,,, = ........... i..i. i ...... ,.il.mi:: :~ . : ,,¢ ..........
Modification of Conditions Application
Page 9 of 13
Planning Commission Agenda
July 9, 2003
SAIR ENTERPRISES, INC./# 14
Page 13
Item # 14
Sair Enterprises, Inc.
Modification of a Conditional Use Permit
3096 South Lynnhaven Road
District 3
Rose Hall
July 9, 2003
CONSENT
Next item is Item//14, Salr Enterprises, Inc. And, that's a Modification of conditions
placed on a Conditional Use Permit for an automobile service station with a convenience
store, automotive repair and automotive storage at 3096 South Lynnhaven Road.
John Pdchardson: Mr. Salle'. Mr Rlpley, members of the Commission. My name
John Pdchardson. I'm a local attorney. I represent the applicants in this matter. The
conditions as revised this morning are acceptable to us.
Charhe Salle': Thank you.
John Richardson: There was a change in condition number nine I believe.
Charhe Salle': There are 10 conditions.
John Pdchardson: And the 10 are acceptable.
Ronald Ripley: There was a change in number four.
John Pdchardson: Was it number four Mr. Pdpley?
Ronald Rlpley: I think so.
Robert Miller: It was number nine.
John ~chardson: That's right, it was number nine in the other application. Thank you.
Charhe Salle': Is there any opposition to this application? I would move that we approve
the consent agenda Item # 14 with ten conditions.
Ronald Ripley: So we have a motion to approve the consent agenda as read by Charhe
Salle'. Do I have a second? I have a second by Gene Crabtree. I've asked Barry Knight
to comment on the item.
Barry Knight: Item #14, Salr Enterprises, Inc., requests a modfficatlon of conditions
placed on a Conditional Use Permit for an automobile service station with a convenience
store, automotive repair and automobile storage. And, this was approved by City Council
Item # 14
Star Entepnses, Inc.
Page 2
on February 13,2001. We're talking about the ehminat~on of the canopy between the
mmn bmld~ng and the canopy over the gas pumps ~s reasonable. Let me go back. The
ehm~nat~on of the canopy between the mare bmld~ng and the canopy over the gas pumps
~s reasonable Th~s canopy area would have served only as part~al covenng of lnd~v~duals
moving between the gas pump area and the mmn bmld~ng, since the s~des w~ll remmn
open to all the elements. Th~s role of protection from the elements would have been
neghg~ble. Staff also concludes the overall aesthetics of this site would be better w~thout
a connection between the gas pump area and the mmn building. The addition of the two
service bays and carwash, and the resulting loss of the automobde storage area are
reasonable and can be accommodated on th~s s~te. The addition should not result in any
additional adverse effect on the surrounding area, and actually should ~mprove the
s~tuat~on through the loss of the storage area. It ~s also noted that some of the adjoining
neighbors would like for the hghts to be less ~ntmslve and that's been addressed. They
also requested adequate buffer zone, and we beheve that has been done. We also would
hke to commend the owner of th~s property. It looks hke he's taken th~s comer that ~n
years pass was not qmte as desirable or acceptable of the use as ~t ~s today. It ~s a fine
looking comer and ~t looks race. Therefore, we deemed th~s an appropriate use of th~s
property.
Ronald R~pley: Barry, thank you very much. I hope the pubhc has a better
understanding as to why we we're recommending this consent ~tem and that's the
purpose of this d~scuss~on. We do have a motion on the floor and I beheve we have a
second. I would hke to call for the vote. So all ~n favor of the motion rinse your hand.
Opposed?
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORLSEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
ABSENT
ABSENT
Ronald R~pley. The motion cames.
~ H-~ SAIR Eni ' Inc.
Map Not to ~cole
Modification of Conditions
ZONING HISTORY
1. 3-12-62 -- Change of Zoning (Residence Suburban D~strict to CG-2
General Commercial Distnct)- granted
3-7-66 -- Conditional Use Permit (gasoline supply station) - granted
2-13-2001 --Conditional Use Permit (automobile service stabon with
convenience store, automobile storage area, automobile service)-
granted
2. 3-23-99 -- Conditional Use Permit (min~-warehouses) - granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Fort Worth Development, Inc. - Conditional Use Permit
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Applicabon of Fort Worth Development, Inc. for a Conditional
Use Permit for multi-family dwellings ~n B-4 (SD) on the north side of Shore Drive
between Dinw~ddie Road and Dupont Circle (GPIN 1489590079). DISTRICT 4-
BAYSIDE
The purpose of this request is to construct 27 multi-family dwellings in a
condominium form of ownership.
Considerations:
The applicant is requesting to develop th~s 1.14-acre site with 27 mid-rise (6-
story) mulbfamily units (24 units per acre). The Zoning Ordinance ~dentifies
mulbfamdy dwelling units ~n the B-4 District as a "conditional use" rather than a
"permitted" use thereby requinng the applicant to seek a Conditional Use Permit.
The applicant recently submitted a revised plan to staff The revisions are minor
and include moving the pool and clubhouse to the second floor of the budding
and adding three (3) parking spaces for a total of 63.
The proposed 27-unit condominium development does meet the density allowed
under the B-4 zoning (albeit the maximum allowed at 24 un~ts per acre);
however, Staff d~d not recommend approval of the proposal to the Planning
Commission based on specific concerns regarding the height of the structure and
the resulting massiveness of the six (6) story, 111,596 square foot budding
Secbon 221 0) of the City of C~ty Zoning Ordinance stipulates that any cond~bonal
use" ..be compatible with the neighborhood ~n which it ~s to be located, both in
terms of exisbng land uses and conditions and ~n terms of proposed land uses
and use permitted by right ~n the area Among matters to be considered ~n this
connecbon are traffic flow and control, access to and circulation w~thin the
property; off-street parking and loading; refuse and service areas; ubl~ties;
screening and buffering; s~gns, yards and other open spaces; height, bulk and
Iocabon of structures, location of proposed open space uses, hours and the
manner of operabon, and no~se, light, dust, odor, fumes and vibrations"
Fort Worth Development
Page 2 of 3
While the "use" of the property for mult~-famdy dwellings is acceptable, Staff
concludes that the massiveness and height of the structure could negatively
~mpact the surrounding residential properbes to the west Secbon 221 requires,
among other th~ngs, that the height and the bulk of the proposal be ~n concert
w~th all surrounding properbes. There are the two (2) and three (3) story
residenbal un~ts to the west Staff acknowledges the existence of the adjacent 12
story Chesapeake House to the east However, the massiveness of that
development does not appear as ~mpos~ng due to the fact that the footpnnt of the
high rise ~tself does not encompass the majority of the s~te as does th~s project
and the Chesapeake House property ~s larger, thereby reducing ~ts "presence." In
add~bon, the h~gh nse's aboveground 3 story parking deck provides for some
form of a transition from the 12 story h~gh rise to th~s property ~n question.
The more serious concern ~nvolves the Master Transportation Plan The Master
Transportation Plan ~dent~fles th~s port~on of Shore Drive as a 150-foot w~de right-
of-way The ex~sbng right-of-way ~s deficient ~n th~s regard The ex~sbng right-of-
way ~n th~s location, as measured by staff, ~s approximately 106 to 110 feet. Staff
estimates that a 20 to 22 foot reservation w~ll be needed on th~s s~de of the road
at th~s Iocabon to accomplish the required 150-foot w~de right-of-way Shore
Dr~ve ~s planned to have extensive landscaping and trads, which when combined
w~th future ~mprovements to the roadway lanes and the replacement of the
Lesner Bridge, requires a w~de right-of-way Sechon 201(b) of the C~ty Zoning
Ordinance requires that the yard setback be measured from the ultimate r~ght-of-
way, as expressed ~n th~s case by the reservabon I~ne There ~s space on the plan
to accommodate the reservation, however, the building setback cannot be met
when measured from the reservation hne. It ~s, therefore, staff's pos~t~on that
regardless of any other ~ssue, the failure of the apphcant to adhere to the C~ty's
adopted Master Transportabon Plan makes ~t ~mposs~ble for staff to support th~s
request as currently designed
Staff ~s not supportive of th~s request for a Conditional Use Permit and
recommended to the Planning Commission that the project be den~ed
was opposition to the proposal at the Planning Commission heanng
There
· Recommendations:
The Planning Commission passed a mobon by a recorded vote of 6-3 to approve
th~s request w~th the following cond~bons
The development of the s~te 0nclud~ng s~te layout, ~ngress/egress, fence
Iocabon and materials, etc ) shall substanbally conform to the submitted
plan enbtled, "Conceptual S~te Layout & Landscape Plan of Dupont Circle
Shore Drive, V~rg~n~a Beach, VA," prepared by MSA, P C., dated 2-3-03,
which has been exhibited to the V~rg~n~a Beach C~ty Council and ~s on file
~n the Planning Department
2 The budding shall be constructed as depicted on the rendering enbtled,
"Shore Drive facade at Dupont C~rcle" prepared by Howard Architectural
Fort Worth Development
Page 3 of 3
Presentabons, and the elevations enbtled, "Dupont C~rcle Condominiums
pages A 2, and A 7," dated March 5, 2003, which have been exhibited to
the V~rg~n~a Beach C~ty Council and are on file ~n the Planning
Department
The Landscape Plan to be submitted dunng final s~te plan rewew shall
m~m~c the plan ~dent~fled above ~n Cond~hon I Any additional planting
shall adhere to the Landscape Guidelines estabhshed ~n the adopted
Shore Drive Corridor Plan, Appendices Any trees ~dent~fled to be saved
shall be adequately protected w~th chain I~nk fencing surrounding the
entire tree at the drip hne untd construction ~s complete In addition, a
certified arbonst shall be present at the bme of cleanng and shall
periodically ~nspect the s~te to ensure the health of the preserved trees
4 Ident~flcabon s~gnage shall be monument style and shall adhere to all
apphcable Shore Dnve Corridor Design Gu~dehnes
Attachments:
Staff Rewew
D~sclosure Statement
Planning Commission M~nutes
Locabon Map
Recommended Action: Staff recommends den~al
approval
Submitting Department/Agency: Planning Department~)~jj,~
City Manager: ~/~=~3 ~"- "~~"~
Planning Commission recommends
FORT WORTH DEVELOPMENT / # 15
June 11, 2003
General Information:
APPLICATION
NUMBER: G03-213-C U P-2003
REQUEST:
Conditional Use Permit for 27 multi famdy dwellings ~n the B-4 (Shore
Drive Corridor Overlay D~strict) Resort Commercial D~stnct.
ADDRESS: 2300 Dinwidd~e Road
Ma~?, G-3
M~p No ~ ~co~e Fort Worth Develo ment Inc.
Gptn 1489-59-0079
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
14895901970000
4 - BAYSIDE
1.14 acres
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 1
STAFF
PLANNER:
PURPOSE:
APPLICATION
HISTORY:
Carolyn A K. Smith
To construct 27 mulb famdy dwellings ~n a condominium form of
ownership
Th~s request was deferred at the May 14 Planning Commission
meebng.
Major Issues:
Degree to which the proposal is consistent with the Shore Drive Overlay
District, Shore Drive Design Guidelines and compatible with surrounding land
uses,
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
The vacant site ~s currently zoned B-
4 (SD) Resort Commercial D~strict
with the Shore Drive Corridor
Overlay.
Surroundinq Land Use and
Zoning
North:
South:
East:
West:
· C~ty rights-of-way, Chesapeake Bay
· Shore Dnve
· Single-family dwellings, restaurant / B-2
Community Bus~ness District
· Condominiums / B-4 Resort Commercial D~stnct
· Restaurant, duplex / B-2 Community Bus,ness
Distnct, R-5R Residential Distnct
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 2
Zoninq History
In the wc~n~ty, no s~milar requests have been submitted for consideration by City
Council. Acbwty in the area ~ncludes a community boat dock, a street closure request,
and a communication tower. The approved rezoning includes changes to the P-1
Preservabon District.
Air Installation Compatible Use Zone (AICUZ)
The site is ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana.
Public Facilities and Services
Water and Sewer
There is a 16 inch water main in Shore Drive fronting the property. The site must
connect to City water. Hydraulic calculations may be required.
There ~s a 10 inch sanitary sewer main and an 18 inch force ma~n in Shore Drive
fronting the property Sewer and pump station upgrades will be required.
There ~s no C~ty water or sanitary sewer avadable in Dupont Circle or Dinwidd~e Road.
Transportation
Master Transportation Plan (MTP) I Capital Improvement Program (CIP):
Shore Drive in the vicinity of this application ~s considered a four (4) lane urban
arterial. It is ~dentified ~n the adopted Master Transportation Plan (which replaced
the 1991 Master Street and H~ghway Plan ~n 1997) as a 150-foot w~de right-of-way
w~th a multi-use trad. The exisbng right-of-way ~n this Iocabon, as rneasured by staff,
~s approximately 106 to 110 feet. Staff esbmates that a 20 to 22 foot reservation will
be needed on th~s side of the road at this location to accomplish the required 150-
foot w~de right-of-way. Section 201 (b) of the City Zoning Ordinance requires that the
yard setback be measured from the ultimate right-of-way, as expressed ~n this case
by the reservabon line. The applicant, however, notified of th~s need, has not revised
the plans to accommodate the reservabon and the building setback and has
~nd~cated no intenbon to do so
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT I # 15
Page 3
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
Ex~sbng Land Use z_ 627 ADT
Shore Dnve 35,000 17,300 ADT ~
ADT ~
Proposed Land Use 3_ 158 ADT
Average Dady Trips
as defined by general B-4 uses
as defined by 27 condominium umts
Schools
School Current Capacity Generation ~ Change 2
Enrollment
Thoroughgood 606 684 1 8 2
Great Neck Middle 1141 1330 0.9 1
Cox High 2040 2018 1.2 1
I "generabon" represents the number of students that the development wdl add to the school
2 "change" represents the d~fference between generated students under the ex~sbng zomng and
under the proposed zoning The number can be pos~bve (add~bonal students) or negabve (fewer
students)
Public Safety
Police:
The applicant ~s encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
prevenbon techmques and Crime Prevenbon Through
Enwronmental Design (CPTED) concepts and strategies as
they pertain to th~s site.
Fire and
Rescue:
Adequate - no further comments.
Comprehensive Plan
The area of the proposed development falls w~thin the "Mixed Zone" as ~dentified in the
Shore Drive Corridor Design Guidelines. Th~s port~on of Shore Drive possesses a mix
of uses, primarily s~ngle-famfly and duplex un~ts, office and commercial uses. The
Comprehensive Plan generally supports resort type uses ~nclud~ng lodging, retail,
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 4
entertainment, recreabonal, cultural and other uses in this area The Bayfront Planning
Area's land use policies support well-planned and designed res~denbal developments
that promote community aesthebcs, economic wtality, quahty physical environment, and
enhanced quality of life. The Shore Drive Corridor Plan and the Design Guidelines are
established to ensure that these ~nitiatives are achieved. In addition, mulbple-family
dwellings ~n the B-4 (SD) Resort Commercial District are allowed as Conditional Uses
only.
Summary of Proposal
Proposal
The applicant ~s requesting to develop this 1.14 acre site with 27 m~d-nse (6-
story) multifamily un~ts (24 un~ts per acre). The Zoning Ordinance identifies
multifamily dwelling units ~n the B-4 District as a "cond~bonal use" rather than
a "permitted" use thereby requiring the applicant to seek a Conditional Use
Permit.
Site Desi,qn
The site plan depicts a
single entrance along
the eastern property
I~ne off of Dupont
Circle.
All 60 parking spaces
w~ll be under the s~x (6)
story building.
Access to the units ~s
prowded via four (4)
~nterior stairwells and
two (2) elevators
accessed under the
building, within the
parking area.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 5
The structure containing the 27 units ~s "U" shaped. On the ground floor,
within the m~ddle of the building, the s~te plan depicts two (2) rooms
adequately sized for meetings, banquets or recreabon/exerc~se A k~tchen
and restrooms are also proposed ~n this area.
A patio from the meeting and banquet rooms leads to an outdoor pool
depicted on the northern limits of development, at the foot of primary coastal
sand dune.
A Board of Zoning Appeals (BZA) variance ~s required as the structure is
proposed four (4) feet from western property I~ne (Dupont C~rcle right-of-way)
and it therefore within the required eight (8) foot s~de yard setback. In
addition, the depicted six (6) foot fence is shown on the property lines on both
D~nwidd~e Road and Dupont C~rcle instead of the required e~ght (8) feet
setback
Vehicular and Pedestrian Access
No d~rect access to Shore Dr~ve ~s proposed. Only a single ~ngress/egress
along the eastern property I~ne, off of Dupont Circle, is proposed.
An outdoor pool ~s depicted on the northern I~mits of development, at the foot
of primary coastal sand dune
The DSC has indicated that sidewalks along Shore Drive and up to the
entrance along Dupont Circle will be required.
Architectural Desiqn
· The front elevation facing Shore Drive depicts a six (6) story budding with
parking underneath on the first floor. The exterior building materials are a mix
of reddish brick along the foundabon and "stepping up" to the third floor from
the east and west corners, then transiboning to vinyl shakes The applicant
has markedly ~mproved the Shore Drive fa(;ade with the ~nclus~on of porches
and columns An architectural grade, green asphalt shingle will cover the roof
and the parking and storage areas (the first and second floors). In an attempt
to shield the parking from the street, ~t was covered with a roof and treated as
a port~on of the fa~;ade.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT /# 15
Page 6
· The rear and side elevabon m~m~cs the front w~th the use of porches to
capture the wews available to the Chesapeake Bay.
Applicability to the Pertinent Shore Drive Desiqn Guidelines:
General Design Concepts/Residential Guidelines
· Facades should be articulated to reduce the scale and one-dimensional
appearance. The overall intent is to encourage a more human scale and
pedestrian orientabon.
Staff Comment: The apphcant has modified the origlnal design to achieve
this guidehne. However; the human scale is lacking and the there is no
obvious pedestrian orientation.
Facades greater than 50 feet in length, v~sible from a public street, should
~ncorporate wall plane projecbons or recesses hawng a depth of at least three
feet
Staff Comment: The proposed design does ubbze projections and recesses
to reduce the redundancy and increase the wsual interest.
Fronts oriented toward Shore Drive should incorporate one-story porches,
arcades, bay w~ndows, entry areas, breezeways, awnings, or other features.
Staff Comment: The original design has been modified to include porches
facing Shore Drive. The building does have a "false arcade'" that provldes
cover to the parking spaces facing Shore Drive; however, it is obvious that it
is covering a parking area rather than providing a pedestrian entry and cover.
The roof of th~s arcade is somewhat odd and perhaps could be modified so
that doesn't extend beyond the first floor.
Fa(;ade colors should be Iow reflecbve, subtle, neutral, or earth tone colors.
Staff Comment: The earth tones of hght and darkish brown are in keeping
with this guideline.
The placement of dormers and other raised roof areas, w~th a pnnc~pal
sloping roof, are encouraged Use of half story, etc.
Staff Comment: The proposed variations in the roofline do help to enhance
the appearance of the building; however, the hezght being s~x (6) stories does
not provide for a lot of roof exposure other than the somewhat awkward roof
covering the parking.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 7
Front budding facades should be located at the front yard setback.
Staff Comment: The building ~s located at the exisbng front yard setback of
30 feet; however, as noted earlier, due to Shore Drive being identified on the
Master Transportation Plan as a 150 foot w~de right-of-way, the Iocabon of the
structure should be located 30 feet from the reservation. The applicant is
unwilling to recogmze th~s requirement This serious issue nullifies any
pos~bve merits of the building's design.
The street elevabon of mulbple-unit res~denbal buildings should have at least
one street oriented entrance and contain the pnncipal windows of the front
unit.
Staff Comment: There is no pedestrian entrance v~sible from Shore Drive.
The covered parking area that leads to the elevators and stairs is hidden from
the rights-of-way.
Walls
· Walls should be clad ~n wood, cedar shingles, hardboard s~ding, lightweight
concrete siding, or shingles. Limited quantities of brick, stone or EIFS or spht
faced block ~s allowable. Horizontal lap vinyl siding is d~scouraged.
Staff Comment: The building materials include brick, two (2) variations of
wnyl shake. The intent of this guideline has been met.
Walls of more than one material should only change material along a
horizontal hne - the "heavier" material beneath the "lighter" material, trim
required at the change.
Staff Comment: Th~s recommendabon has not been used in the design of
the building.
The second floor should be stepped back from the first floor, relative to Shore
Drive.
Staff Comment: The covered parking does extend out to Shore Drive beyond
the upper floors.
Roofs
· Pitched roofs should be metal standing seam, copper, wood shakes, or high-
quality asphalt shingles with a slope between 6 12 and 10 12.
Staff Comment: The roofs have a h~gh qua#ty architectural style green
shing/e.
Fascia and soffit material should be painted wood, vinyl or metal. Open
fascia with decorative rafter tads of 10 to 12 ~nches are encouraged.
Staff Comment: The fascia and soffit are wnyl ~n a color to match the
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 8
building. However, the fascia/s not open and does not incorporate decorative
rafter tails.
Variations ~n roof hnes w~th the use of overhanging eaves, parapets, height
variations and entrance features is encouraged.
Staff Comment: There/s some attempt to meet this guideline.
Roofs specified ~n the Mixed Zone should be p~tched to maintain compatibdity
w~th the residenbal ~dentity of the Ocean Park neighborhood
Staff Comment: While the roof may mimic those of the residential dwellings
to the west, due to the height and square footage of the structure,/t will
appear out of balance. Even though there is a higher building to the east, it is
set away from the property line and does not have as massive an appearance
from Shore Dnve. As this project maximizes the allowable lot coverage,/t w/Il
appear more massive and out of scale w/th the development to the west.
Building Materials
· Porches should be wood, synthetic wood or faces with brick or stone. Porch
cedmgs should be painted or have detailed vinyl covenng
Staff Comment: The proposed porches/patios w/Il have concrete floonng.
· Railing systems should be wood, painted steel or vinyl.
Staff Comment: The railing systems will be vinyl coated aluminum.
Columns should be wood or synthebc wood.
Staff Comment: The columns w/Il be steel wrapped in vinyl and will appear
as painted wood.
Porches, arcades, breezeways, etc. should be verbcally proporbonal to the
budding
Staff Comment: This guideline has generally been met.
· Balconies should not extend more than 4 feet from the building.
Staff Comment: It appears that this guideline has been met.
Windows and Doors
· W~ndows and exterior casing should be high quality wood, wnyl clad wood,
v~nyl or aluminum. Exterior casing should be 3 ½ ~nches to 6 inches w~de
around all windows and doors facing rights-of-way. Window s~ze on the
second floor should be same proporbon but shghtly small than the first floor
Staff Comment: Varying window sizes are proposed The exterior casing
appears to be narrow and not cons/stent w/th this guideline.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 9
Landscape and Open Space Design
· The rear of the property ~s encumbered by a coastal primary sand dune that
prowdes approximately 7,500 square feet of open, unbuddable area.
A Board of Zoning Appeals variance will be sought for the elimination of the
required Category I landscaping between the fence and the property I~nes
where required. If fencing ~s installed w~thin five (5) feet of any right-of-way,
Category I screening ~s required. On th~s site, Category I would be required
for approximately the n~ne (9) feet along Dinw~ddie Road and approximately
the 27 feet along Dupont C~rcle where the proposed fence is planned w~thin
five (5) feet from these rights-of-way Some landscaping ~s proposed in these
areas in lieu of the tall growing Category I species.
The Concept Plan ~denbfles 12 trees to be saved, however, it does not
indicate the number of large trees that are proposed for removal. It appears
that many of these trees are actually within the right-of-way, however,
extreme care must be taken ~f these are to be preserved The plan depicts 16
new L~ve Oaks to be ~nstalled on the site and evergreen flowering shrubs
serving as foundation landscaping.
Evaluation of Request
Staff cannot support this request. The applicant is requesbng to develop this 1.14 acre
s~te w~th 27 m~d-rise mulbfam~ly units at a density of 24 un,ts per acre (the maximum
allowed under the City Zoning Ordinance). The applicant had an approved plan (dated
12-19-98) for a 40 unit condominium prior to the adoption of the Shore Drive Overlay
D~strict, however, this site plan approval has expired and it ~s not the desire of the
apphcant to construct the same project. However, th~s new proposal ~s not
recommended for approval.
There are two main areas of concern: (a) project concept and design and (b) Master
Transportation Plan
Proiect Concept and Design
The area of the proposed development falls w~th~n the "M~xed Zone" as ~dentifled ~n the
Shore Drive Corridor Design Gu~dehnes. This portion of Shore Drive possesses a m~x
of uses, primarily single famdy and duplex un,ts, office and commercial uses Multiple
family dwelhngs proposed ~n the B-4 (SD) Resort Commercial D~strict are permitted as
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 10
Conditional Uses only, thereby requiring review and approval by the City Council.
Certain uses are allowed as "Conditional" when a potential exists for that use to have an
adverse impact on surrounding properties.
The applicant has worked to improve the design of the structure, particularly with
respect to the fa(;ade facing Shore Drive, as well as alleviate concerns expressed by the
neighborhood regarding trash p~ck-up, vehicular and pedestrian access and tree
preservation. The proposed 27-unit condominium development does meet the density
allowed under the B-4 zoning (albeit the maximum allowed at 36 units per acre) and the
design can be viewed as being somewhat consistent w~th the specific design guidelines
of the Shore Drive Overlay However, Staff cannot recommend approval of the proposal
based on specific concerns regarding the height of the structure and the resulting
massiveness of the s~x (6) story, 111,596 square foot building. Section 221 (i) of the City
of City Zoning Ordinance sbpulates that any condibonal use ".. be compatible with the
neighborhood ~n which it ~s to be located, both in terms of ex~sbng land uses and
condibons and in terms of proposed land uses and use permitted by right in the area.
Among matters to be considered in this connection are traffic flow and control, access to
and circulabon within the property; off-street parking and loading; refuse and service
areas; utilities; screening and buffering; s~gns, yards and other open spaces; height,
bulk and location of structures; Iocabon of proposed open space uses, hours and the
manner of operabon; and noise, I~ght, dust, odor, fumes and wbrations."
Whde the "use" of the property for mulb-family dwellings ~s acceptable, Staff concludes
that the massiveness and height of the structure could negatively ~mpact the
surrounding residential properties to the west. Section 221 requires, among other
th~ngs, that the height and the bulk of the proposal be in concert w~th all surrounding
properties There are the two (2) and three (3) story res~denbal un,ts to the west. Staff
acknowledges the existence of the 12 story, Chesapeake House h~gh rise adjacent to
the east. However, the massiveness of that development does not appear as imposing
due to the fact that the footpnnt of the h~gh rise itself does not encompass the majority
of the s~te as does th~s project and the Chesapeake House property ~s larger, thereby
reducing its "presence." In addition, the high rise's above ground 3 story parking deck
provides for some form of a transition from the 12 story h~gh rise to this property in
quesbon Moreover, the recent changes to the zoning ~n the Shore Drive Corridor and
the accompanying Shore Drive Design Guidelines are intended to encourage a more
human scale and pedestrian orientabon for development along Shore Dr~ve, particularly
along this segment of the roadway. Staff recommends that the apphcant apply this
pnnciple and reconsider the concept and design of the project.
Master Transportation Plan
The more serious concern of City staff ~nvolves the Master Transportation Plan. The
Master Transportabon Plan ~dentifles th~s portion of Shore Drive as a 150-foot w~de
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 11
right-of-way. The ex~sbng right-of-way ~s deficient ~n th~s regard The ex~sbng right-of-
way ~n this location, as measured by staff, ~s approximately 106 to 110 feet. Staff
esbmates that a 20 to 22 foot reservabon w~ll be needed on th~s side of the road at this
Iocabon to accomphsh the required 150-foot w~de r~ght-of-way Shore Drive is planned
to have extensive landscaping and trads, which when combined w~th future
improvements to the roadway lanes and the replacement of the Lesner Bridge, requires
a w~de right-of-way Secbon 201(b) of the C~ty Zoning Ordinance requires that the yard
setback be measured from the ultimate nght-of-way, as expressed ~n th~s case by the
reservabon I~ne There ~s space on the plan to accommodate the reservabon, however,
the budding setback cannot be met when measured from the reservabon I~ne. It ~s,
therefore, staffs poslbon that regardless of any other ~ssue, the failure of the applicant
to adhere to the C~ty's adopted Master Transportabon Plan makes ~t ~mposs~ble for staff
to support th~s request as currently designed
Staff is not supportive of this request for a Cond~bonal Use Permit and recommends that
the project be denied.
Should the request be approved, the following condlbons are encouraged
Conditions
.
.
The development of the s~te 0nclud~ng s~te layout, ~ngress/egress, fence location
and matenals, etc.) shall substantially conform to the submitted plan enbtled,"
Conceptual Site Layout & Landscape Plan of Dupont C~rcle Shore Dnve, V~rgin~a
Beach, VA," prepared by MSA, P C, dated 2-3-03, which has been exhibited to
the V~rgin~a Beach C~ty Councd and ~s on file ~n the Planning Department
The budding shall be constructed as depicted on the rendenng entitled, "Shore
Drive fa(;ade at Dupont C~rcle" prepared by Howard Architectural Presentations,
and the elevations entitled, "Dupont C~rcle Condominiums pages A 2, and A 7,"
dated March 5, 2003, which have been exhibited to the V~rg~n~a Beach City
Council and are on file ~n the Planning Department
The Landscape Plan to be submitted dunng final s~te plan rewew shall m~m~c the
plan ~denbfled above in Condition 1 Any add~bonal planbng shall adhere to the
Landscape Guldehnes established ~n the adopted Shore Dnve Corridor Plan,
Appendices Any trees ~denbfled to be saved shall be adequately protected with
chain hnk fencing surrounding the entire tree at the dnp I~ne untd construchon is
complete. In add~bon, a certified arbonst shall be present at the bme of cleanng
and shall periodically ~nspect the s~te to ensure the health of the preserved trees.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT I # 15
Page 12
4 Idenbflcat~on s~gnage shall be monument style and shall adhere to all applicable
Shore Drive Corridor Design Gu~dehnes
5 The mulbple-fam~ly dwelhng structure shall be I~m~ted to three (3) stones ~n
height.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 13
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 14
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT I # 15
Page 15
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 16
Z
Z
Z
Applicant's Name' Fort .Wg_r~_h, Deve] p_p_m_e_t~_t_,_~l~]c ................
List All Current
Property Owners Fort Worth Develo_Em_e_n_tj__i_nc. __
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, hst all officers of the Corporation below:
(Attach list if necessary)
Start T seAg~__P.r__e_si_d_ .e_n.t.._R_ ._.S_e_c _r_et_ _a r_ ~ ~_
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organizabon below (Attach fist
if necessary)
I-'! Check here if the property owner is NOT a corporation, partnership, firm, or other
·
unmcorporated orgamzabon
If the applicant is not the current owner of the property, complete the Applicant Disclosure
section below:
APPLICANT DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below'
(Attach hst if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below (Attach list
/f necessary)
E] Check here ~f the property owner is NOT a corporation, partnership, firm, or other
unincorporated organization.
CERTIFICATION: I certify that the information contained herein is true
and accurate.
Fort Wo~th,'Peve]a~ment, Inc.
B~_~_/-L-'__'_-~~~ S tan Tsemg~ President
Signature" ~" Print Name
.......... ]!.,i.,T IIILI.~[ .... I II II , I I II jl II I I I Ii! ! ' _.;~.' ; .' . . ; _ :;; : : . ; ~ :: _ !1 _!1.1.1.1.1.1.. !.1.!1.1... lU.
Conditional Use Permit Appt~cabon
Page 8 of 12
Planning Commission Agenda
June 11, 2003
FORT WORTH DEVELOPMENT / # 15
Page 17
Item # 15
Fort Worth Development, Inc.
Conditional Use Permit
North side of Shore Drive between Dlnwiddle Road and
Dupont Circle
District 4
Bayside
REGULAR
Robert Miller: The next item 1s Fort Worth Development, Inc.
Eddie Bourdon: For those of you who didn't hang on to or bnng your packages from last
month, I've got packages, which I'm passing around. Again, there is a little bit of
additional information in what I've passed around to what I provided last month. For the
record, my name is Eddie Bourdon. I'm a Virginia Beach attorney. I'm representing
Fort Worth Development on this application. I'm going to state like I state every single
time that this application and my representation had no relationship whatsoever to the
Crab Creek proposal on the other side of Shore Drive. I'm going to be far briefer this
month than I was last month. I appreciate your indulgence last month. It is a
complicated application. I would ask very strongly if the staff could be sure lo have
included in the package to City Council the transcript from the May public hearing. As
there was a lot of information provided then that I would not be repeating today. The
property we're dealing with, just to summarize, is on the north side of Shore Drive
located next to the 13-story tall, 120 unit Chesapeake House Condominium and adjacent
to the Chesapeake House is the 356 Home on the Bay Condominium which is 10 stones
in height. The property that we're deahng with is a B-4 zoned piece of property that's
been owned by my client for close to 20 years. To our west is a property that is zoned B-
2 where on it is located a Mexican restaurant. And, I dare say that if someone came in
with a tightly proffered plan so much as Mr. Arnold's plan for that Mexican restaurant.
He got nd of that The folks who hve adjacent to it in those duplexes to the north who
think their quality of hfe had been improved dramatically. But, still they wouldn't want
it to be rezoned in a way that would leave it open to putting a high-rise on lt. The request
is for a Conditional Use Permit today. We're forced to do that under the Shoxe Drive
Overlay Ordinance, which was adopted in 1999, which down zoned th~s property by a
total of 13-umts and instituted this Conditional Use Permit process. In 1999, the
applicant had a site plan approved by the City of Virginia Beach for a 40-unit
condomlmum on this site. In your package, I have included an elevation of what that
building would have looked hke on the top of the left side of your package. My chent
decided not to do that to wait and try to upgrade the project to a high-end project and
what a good decision that was given the market and how the market has development.
Also in this package on the left side you'll see a letter from Mr. Jim McElhgott, the
President of the Ocean Park Civic League dated May 7, 1999 and a letter frorn myself to
Bob Scott dated May 20, 1999 and a recent letter from my client to the Ocean Park Civic
League President Mr Billy Sykes, who unfortunately, Billy has been under the weather
and hasn't been able to attend any of the meetings here with the Planning Commission.
Item #15
Forth Worth Development, Inc.
Page 2
But, I would ask you if you have a chance to peruse and review those letters. The Ocean
Park Civic League and the Chesapeake House, we've met with them on a number of
occasions and we've changed our landscaping design. We preserved live oaks on the
property as you heard us discuss last month. I've also mentioned to you that our
landscape plan also consists of the recommendations containing the Parsons Bnckerhoff
2001 Transportation Study, which was adopted by City Council in 2002. And, that same
adopted recommendation, although it's not in the Transportation Plan shows Shore Drive
as 120 feet in width. I want to mention on the record as I did last time, the Chesapeake
House we've agreed to assist them. We will construct a wall if need be to protect the
foundation of their parking garages that wraps around the backside or north side of our
property. We will also provide them with a gate or other means of controlling cross
traffic through their parking lot. This is our proposal for a 27-umt condominium, 2200
square feet plus size of the units. The units will sell for half million dollars and above,
just what everyone wanted back in 1999, and if you look at the letter from Mr. McElhgott
and my letter to Mr. Scott. The only issue that I think exists in our eyes is one that we
talked about last month. That's the 150 Shore Drive as called for in the Master
Transportation Plan. In 1991, there was a 150-foot Shore Drive for an eight-lane
highway. When the most recent Comprehensive Plan was adopted the eight lanes came
out but it still stays 150-foot Shore Drive, 150-foot Shore Drive really doesn't exist and
we don't think it will exist. But I will just point out these facts. The brick base of our
fence on this proposal, which encloses our parking area and that is all it does is 30-feet
from our front property line along Shore Drive. The building itself, the bmld~ng with the
units in it, which sits back from our fence, is 44-48 feet because of the architectural
variation from our front property line. There is an unimproved section of Shore Drive in
front of our property line that averages 35 feet in width plus our fenced in parking area is
65 feet back from the existing pavement. And, our building is 79-83 feet back from the
existing pavement. If we were to measure from the center hne of Shore Drive and the
median that exists in Shore Drive today, to the front of our property, the 75 feet back
from that there would be an additional 20 feet of setback before you got to the fence. In
other words, the fence is 95 feet back from the centerhne measured from the middle of
the median. And, our building is an additional 14-18 feet beyond that or 34-38 feet back
from where our property line would be if 150 foot right-of-way were ever to occur along
Shore Drive. I don't think Tim and all my friends here from Ocean Park, any of us want
to see that ever happen and were that to happen the cost would be astronomical to acquire
all the property along Shore Drive to widen it to 150 feet. And, in fact 356 on the Bay, I
don't know if you could even get another 20 feet which would require to make the
property on Shore Drive in front of 356 on the Bay 150 feet wide. It is now at 130. To
acquire an additional 20 feet on each side would bring the road either into the braiding or
at the building. And, I think that would actually be in the building. To suggest, as I did
last month, and I have not been shown otherwise, that this property must have a setback
that is based upon a road that is hypothetical and a road that I think no one desires to see
or will ever see at a 150 feet in width is a taking. This property has already been the
subject of a taking which we lived with and we actually wind up with a whole lot better
product and everyone w~nds up with a whole lot better project because we did not move
forward with that project back in 1999 for a 40-umt condominium that would have a first
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Page 3
floor fimshed elevation of 38 feet as ~s shown on that plan which will give you what you
see in front of you today. The bmld~ng that we have designed, we have done everything
that has been asked of us from the staff prospective other than make the bmld~ng shorter
which we simply cannot do. We must fit the number of umts that are allowed under the
Overlay, which is not an increase in density but ~s m fact a decrease ~n density over the
zoning that was on the property before the Overlay occurred. And, we have designed a
building that will be very attracUve. One that will have the units that will have the prices
that we talked about and one that will not have any problem ~n being marketed given the
cond~Uons that ex~st on Shore Drive. One quesnon that was asked last month was about
parking? We have six ws~tor parking spaces in our parking, which ~s all underneath the
bmld~ng, all enclosed. What we also will be dmng and talking w~th our markenng people
we expect a number of the umts will not be occupied on a 365 day a year bas~s and many
will just be a occupied temporary, weekends and dunng summer months. All of the
parking spaces will be fitted with s~gns so that when people are not ~n their umts and
they're gone for weeks and months at a time, they'll just flip the little lever and it will say
visitor space so that everyone will have the opportunity to utilize other spaces that are not
in use in the parking garage. We also would make any other improvements to Dupont
C~rcle to add parking availability to Dupont Circle but we don't beheve our neighbors
want to see that and ~t would be public parking. It would not be parking that could be
restricted. But, those are two ways that addmonal parking can be prowded. The original
plan that was approved ~n 1999 as I mentioned last month and I will mention ~t again, d~d
not ~nvolve any setback from a 150-foot right-of-way. And, the 150 feet ~n the Master
TransportaUon Plan has never changed. And, ~n fact that building was 14-18 closer to
Shore Drive than th~s bmld~ng and our parking was certmnly 16 feet closer to Shore
Drive than it is with th~s building. Everything about this bmlding is a tremendous and
substantial ~mprovement of what was approved with our s~te plan in 1999. And, the ciwc
league, at that pmnt, was very suppomve. Thmr posmon now has obviously somewhat
changed.
Ronald R~pley: Thank you Mr. Bourdon. Are there any questions of Mr. Bourdon? I do
have a questmn. In the formal session, Mr. Scott, I understand you have worked through
the front yard setback ~ssue or the right-of-way ~ssue Is that correct?
Eddie Bourdon: That ~s correct. We recognize that the law says that you have to get a
variance from the Board of Zoning Appeals. I think we are ~n agreement that this has not
been umversally followed but I'm certmnly not going to argue agmnst what the law says
even thought that has not been umversally followed. We will go to the Board of Zomng
Appeals The only variance reqmred because of the 150-foot ultimate right-of-way
where Shore Drive ~s for the fence and roof over it that protects the parking ~n front. Not
for the building ~tself. And, ~t would be a variance that appears to us to be, although 1tS
not uniform across because of where the right-of-way, roughly a variance of 10 feet to a
20-foot setback for the brick face front structure of the bmld~ng ~nto the what would be
the setback if the right-of-way were to be a 150-feet at some point m the future.
Ronald Rlpley: Okay. Mr. Scott, does that sound about right?
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Robert Scott: Yeah. I know that we all have opinions on what's legal and what's
happening. Here are two important things. We need to acquire the right-of-way up to
150- feet purchased at fair market value at the time we need it without it being
encumbered by structures and so forth. We're convinced that opportunity is there for us.
Ronald Rlpley: Okay.
Robert Scott: Number two. We need to have the setback of the building to be measured
from the line of distance to 30-feet, and I agree the building itself does to our collective
eye appear to have that feature but it doesn't and he is going to need to get a variance to
that aspect.
Ronald Rlpley: Okay. Thank you very much. Are there any other questions? Okay, we
have some speakers.
Dorothy Wood: Mary Compton.
Mary Compton: I'm Mary Compton. And I live on Dlnwlddle on the west side of the
structure. I've lived there for over 20 years. And, I want to thank you for gyp'lng me the
opportunity to express how I feel about this. First of all I want to say to you I would love
more than anything to see a nice piece of property be developed on this lot that would
add to the culture and character of Ocean Park. I do have some issues and I don't want to
beat a dead horse to death but the notification of this coming before you today. I'm the
closest residence to the property. I probably eat and sleep closer than anybody to this
structure that's being built. And, I have seen no signs on the property that this was
coming up today. I found out from my neighbor who had gotten a certified letter. And,
I've not had any notification. The last time I didn't get notification but I did see the sign
out there that made me aware that the hearing was coming up. So, I don't know what the
process is to notify people about this or what, but do you normally post signs when the
second heanng is coming up?
Ronald Rapley: The sign has to be posted how many days? What is it 14 days?
Robert Scott: Right now its 15 days. But that's going to be changed to 30.
Mary Compton: But there have been no signs on this property that this was going to be
on your agenda today.
Ronald Rlpley' There's no sign up on that property?
Mary Compton: No.
Kathy Katslas' It's been taken down. There was one originally
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Mary Compton: For the hearing a month ago ~t was. That one was taken down, but no
new s~gn was put up for the heanng today.
Ronald R~pley: Anyway. We don't seem to have knowledge of that. And, ffwe had
d~rect knowledge we would have seen that.
Mary Compton: Because I asked all my neighbors ~f they've seen any s~gns on the
property about today. I travel a lot and I happen to find out from my nmghbor who hves
further away from the property than me who had gotten a certffied letter.
Ronald R~pley: Okay. You might want to proceed with any other points. I'm using your
time up by talking to you.
Mary Compton: Okay, let me finish w~th the other ~ssues that I have here. I've been an
Ocean Park resident for over 20 years And, I feel hke the structure on this lot is just too
large for the p~ece of property and I th~nk ~t will detract from the character and the culture
of our commumty. It's hard for me to ~mag~ne a slx-story structure less than 75-feet from
my house. And, I'm the only house that looks directly at the west s~de of the bmld~ng.
It's hke you s~tt~ng there looking at th~s back wall here at a slx-story structure. I s~t down
and I try to think about ~t and that's actually half the size of the Chesapeake }louse, which
is on the other s~de of the lot. Also, near and dear to my heart, as well as the rest of the
commumty ~s this one last natural sand dune on th~s property. Th~s ~s one of the last if
not maybe the last sand dune that we have ~n Ocean Park. It's been said ~n the past that
the C~ty should put a dome over th~s dune to protect ~t so our school children could come
and see lt. Common sense tells me that a structure th~s large cannot be built on th~s
property w~thout at least destroying part of the sand dune, ~f not all of ~t over t~me. We
all know that th~s sand dune has a covenant on it that was put on ~t by a prewous owner
and our civic league ~s now researching how th~s covenant is to be momtored and
managed because we don't know that right now. This ~s just too beautiful of a piece of
property to be developed w~th something that doesn't fit ~n w~th the character of Ocean
Park. For these reasons, I'm agmnst a structure ofth~s s~ze being put on th~s lot. And, I
task you today to take ~n consideration the Impact that th~s structure will have on our
character of Ocean Park which is always been hve oaks and sand dunes And, we already
know that we are going to g~ve up one of our oldest hve oaks that we have ~n the
community. And, that's my feehngs.
Ronald R~pley: Thank you Ms. Compton.
Mary Compton: Thank you.
Dorothy Wood: Our next speaker, ~s ~t Solamc?
T~m Solamc: I will try to be as brief as possible. We covered a lot ofth~s a rnonth ago. I
was quite frankly surprised we were coming back w~th~n a month after Mr. Bourdon smd
last month, "we will be very happy to work w~th the staff and w~th the ~ssue w~th that the
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Page 6
right-of-way with PV study, we also will continue to work with the civic league." And
part of the discussion that we had if you recall when you were asking If there were any
opposition to the deferral, was based on the condition that we would have communication
in the future. The only communication we've had since then, Mr Bourdon was out of
town and everything, was the letter that apparently he gave you, which was faxed to our
president who has been sick and he is at a trial right now. He couldn't convince a judge
to come down here, two days ago at 5:15 and the letter is inaccurate. There's an
inaccurate quote in lt. It starts off saying that we're willing to work with the civic league
but they did not feel that we were totally straight with the civic league. They never
recommumcated with us from the condition that was placed from the last meeting.
Ronald Pdpley: Well, I'm sure he'll have an opportunity. I don't know how this vote
will go here today or what's going to happen but I'm sure there will be an opportunity
between now and Council to meet.
Tim Solamc: Right.
Ronald Ripley: I'm sure and I know that applicant is interested in trying to satisfy you.
Tim Solamc: Right. That's what we thought. I just wanted to mention that to get on the
record because I wasn't even going to bnng up this letter but apparently it's in the packet
that was given to you.
Ronald Rlpley: Well, the ovemdlng concern that I saw was the setback issue. And, that
was a very major issue and I wanted Mr. Scott and the applicant to talk about it and they
have talked about lt. So, that was the primary issue for reason to defer as far as I was
concerned. The Planning Commissioners may have some other reasons particularly the
meeting with the civic league. That should be an ongoing process between now and City
Council and I'm sure it will be.
Tim Solamc: I'm just trying to understand the law.
Ronald Rlpley: Sure.
Tim Solamc: Just starting to read for it and everything. I'm just trying to understand the
legal aspects of notification. The legal aspects of the transcripts kept forever and ever
quoting what was said before, what's conditional, what's appropriate even to bnng up.
What's repetitive and all that sort of thing. I'm just trying to do the right thing.
Ronald Ripley: This is not a court of law. This is a citizen group trying to bring some
citizen input to the process that occurs.
Tim Solamc: And, I didn't want to waste all of our time and I just brought up the letter
because it's inaccurate. But, I now know it's in your packet.
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Ronald Rtpley: Yes sir.
Tim Solamc: Over a month ago, and I'm going to be as brief as possible. About a month
ago Mr. Bourdon also mentioned that there was no B-4 zoning west of this property. I'm
implying, I guess that's a good thing, just a comment there. This area between, also to
get on the record, a six-story structure on that property will basically block the swimming
pool. It would be in shade 100 percent of the time. I just wanted to get that on the
record. I'm not sure how they're going to sell property with a pool that has no sun. You
heard Mary Compton mention that building is within 75-feet of a three-story structure.
Again, this goes back to the height and that is our only issue. We obviously prefer open
space. When the open space subcommittee convinced whoever to write a check to buy it
but it's that 300 year old live oak tree on that side Dlnwlddle. It's the width of
Dlnwlddle, which now also is mentioned, which one of the planners had admitted that
they missed it at the last meeting, which we did not know about until last meeting.
There's a pedestrian doorway on Dlnwlddle as well and you mentioned that you're
familiar with Dlnwlddle. I can find the quote in here if you want to but Mr. Bourdon
mentioned that very briefly. With only six parking spots, especially dunng the
summertime where's everyone else gong to park or have the opportunity to park? They
could quite possibly park in Dlnwlddle Several years ago before I got involved with
Captain and Mr. Hook, they went to Richmond to have that gorgeous property shut down
from the ABC Board or whoever it was because of parking on Dlnwlddle and buyer
protection. So, that's another consideration with the pedestrian door right there, parking
and people are going to be getting on this huge structure that's on this proposal. Mr.
Bourdon also referred to the dune as a secondary sand dune. He also referred to it as a
primary sand dune.
Ronald Rlpley: You have about a minute.
Tim Solamc: Meeting with some environmental engineers in our community it is
impossible to build a six-story structure without touching that sand dune
Ronald Rlpley: I think that's the lumber that you have here that they are trying to avoid
touching the sand dune not just the pool.
Tim Solamc: The pool is right on the edge of the sand dune but to put a six-story
structure there without affecting that sand dune and Mr. Bourdon also mentioned that the
previous owners can enforce that deed restriction. We've already got donations to keep a
microscope on the sand dune to protect it like Mary Compton said. And, that's the last
dune on Shore Drive and that 300-year old oak tree. Thank you very much.
Ronald R~pley: Thank you very much.
Dorothy Wood: Mr. Todd Solomon please.
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Page 8
Todd Solomon: Good afternoon again. My name is Todd Solomon. I'm representing
the Shore Drive Community Coalition again. The Shore Drive Community Coalition
requests that this item be denied based on the following two items. The first one being
the Comprehensive Plan recommendation that this property be purchased as open space
which my understanding was touched upon at last month's meeting but wasn't taken very
far. The second item would be the projects massive structure and density, which had
been highlighted a little bit but I'm going along a little further. The Comprehensive Plan,
which is created and interpreted obviously by the Planning Commission, recommends
that this property be purchased via the Open Space Fund. It's one of three properties on
Shore Drive area that were earmarked for open space. One of them has already been
purchased for a fire station and the other two are still here. The Shore Drive Community
Coalition voted to endorse the acquisition of this property as open space and affirmed this
vote in a letter sent to City Council on May 12, prior to your last month's meeting.
Planning Staff Ms. Smith did an excellent job in her review of this project. However,
nowhere does it mention that the Comprehensive Plan recommends this property as an
open space. As purveyors of the document, shouldn't it be the Planning Commission's
duty to address this planned use in the project review somewhere for City Council's
review? We fully understand that the final decision will be made by City Council,
however, the discrepancy such as this and alternate uses I think should show up
somewhere in the review package. The second item, the massive structure of this project
and being an engineer I was trytng to determine a way to kind of correlate what Ocean
Park looks like, what Chesapeake House looks like and what this property looks like and
equate it in all in some way shape or form. The best thing I could come up with was a
ratio of the square footage of use of a development divided by the square footage of the
lot size. And, what I've come up with on Ocean Park's R-5, the average ratio of that is
about 5,000 square feet of living space, 5,000 square feet for R-5, so the ratio of one.
Chesapeake House roughly 120,000 square feet and one half acres, which ratlo's out to
about 1.8, the Dlnwlddle project here, Dupont Circle with its roughly 112,000 and 1.14
acres ratlo's out to about 2.3. So you can see a far as that ratio goes that this property is
even using more dense that what the Chesapeake House property shows up to be. And, if
you were trying to merge something between the two you'd be more likely to have
something around 1.4 ratio, which would require this project to be about 15 units versus
the 27 units that is proposed now. So, that is one of the items you talked about last month
as far as the density and the massiveness of it. And, I wanted to put it in perspective for
you as ratios.
Ronald Rlpley: Thank you very much. Are there any questions of Mr. Solomon? Thank
you.
Dorothy Wood: Our last speaker is Jack Bryan.
Jack Bryan: Thank you and introductions a side, Chairperson or Commissioners. Just to
clarify, I represent 350 residents To speak to a previous issue and one that seems to
come up again about notification. And just as a note and not to complain about it Our
response time for the civic leagues is one month. That's how often we have a meeting
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Page 9
Two weeks not~ce ~s too short. The only reason why my c~wc league ~s on top of th~s ~s
we act hke a business. We have a bus~ness once a month and we have an alternating
meeting once every month. So, we have a vote every two weeks. Other c~wc leagues
can't do that and they also take breaks. People go on vacation. I just want to bnng up a
few ~ssues and although they may not be considered here but ~n regards to the primary
dune. We respect the primary dune. And everyone ~n our nmghborhood does. We own
property that ~s actually a beach that ~s actually privately held. We actually allow the
C~ty to use the commons and we respect that. We also have right-of-way issues. And,
th~s neighborhood has right-of-way ~ssues. Could you bnng up the plat showing
D~nw~ddle and Dupont? And now that I know th~s ~s here, I'll use lt. I'm sorry s~r.
There's another one. That one will be fine. Th~s ~s an easement. The right-of-way. It's
not just a road. It's how people get to the beach. And, there ~ssues ~n other
neighborhoods along the Shore Drive Comdor, the Shore Drive Commumty Coaht~on,
and The Shore Drive Adwsory Commtttee have all brought these ~ssues up, where
encroachment close to the setbacks for houstng such as thts area here. Thts area here and
th~s area all along here make ~t difficult for people to and from the beach for egress to
make tt less ~nwt~ng. When you beg~n to encroach ~n these areas you start to see people
push their temtonal space, thetr personal territorial space you start to see domesttc tssues
start to occur. Also tn th~s area, I would start looking as future beach access for residents
who are on the other stde of Shore Drive and people who are travehng thts way to get to
the beach and people who are travehng down Shore Drive to get to the beach from
whatever location they m~ght be ortg~nating from. We don't agree w~th the encroachment
~n to the Ctty right-of-way. Also, the massiveness of th~s and the s~te plan does not allow
for a stagtng area dunng construction to avotd the primary dune, which ts the designated
primary dune or ~t has been tdentffied as the primary dune by the ctty. Cont~nmng on, we
ask that you deny th~s. We th~nk that ~t ~s too massive. We agree that ~f ~t was smaller ~t
would probably be more acceptable. We ask that you respect the s~de setbacks. We're
just not womed about the Shore Drive setback ~f you're able to resolve that. That's fine.
We would hke to purchase ~t as taxpayers though we hope that both of those tssues, s~de
setbacks and front setbacks can be observed. I'm going to refer to that as a dune setback.
When you get close to a dune you start to d~g ~nto ~t or you get w~th~n the toe of the dune
exactly on the toe of the dune you d~g ~nto ~t, the sand caves tn and the dune starts to cave
~n. When you put a wall agmnst ~t, scorp~ng occurs. It's called "w~nd scorping." And
these are thtngs that affect lt. But, Ithtnk that's handled ~n a d~fferent area, a d~fferent
arena.
Ronald R~pley: You've run out of t~me but ~f you could wrap up.
Jack Bryan: Wrapptng up. Our letter, whtch we sent to you today, ts full of these ~ssues.
However, I would say "buyer beware." The lawyer stated that ~n order to get their money
back out of thts tnvestment for the property they need to bmld somethtng th~s stze When
I buy my property tt's the same thtng that I would probably say but I look at ~t and say,
"what's affecting thts property" and I look at all the ~ssues tnvolved. It's not our job to
enable people to get the most money out of their property. It's our job to look at ~t from
all respectable areas. I've heard three c~wc leagues speak out here on the Shore Drive
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Page 10
Community Coalition. A lot of citizens and its the ones that are most directly impacted.
I'm lucky that I'm retired at my early age. And, in that regard, I'm able to attend these
meetings and I'm here to respond for 350 individuals. I hope it's recognized. I'm not
just one complaining individual. Another item that was passed out to you here, a picture,
a rendering, not a true frontal site building picture. I'd like for you to look at this piece of
paper. It's called a magic trick and artists use it quite a bit. I think the building looks
nice the way it's drawn or drawing or a rendering but if I fold this edge like this and turn
it like this it certainly looks smaller. And, now I'm going to show you a picture, which is
here which was presented to you. That's the same thing that's occurnng here. This
building is massive. It's our opinion it's massive. I've seen buildings like this. I have 19
years of construction. I have nine years with a bank. So, don't be misled that I'm just a
banker who sits behind a desk. This rendenng does not represent what this building
looks like. I think it's attractive. It could be smaller but I don't think it represents how
massive it is and I don't think it shows the building right beside it or the little houses that
are over here. Thank you.
Ronald Pdpley: Thank you. Do we have any other speakers?
Dorothy Wood: No sir. That's all the speakers that we have signed up.
Ronald Rlpley: Mr. Bourdon would you like to readdress us please?
Eddie Bourdon: First off, the sign issue and you are all aware, the signs are posted before
the first heanng and they are not reposted. We have no knowledge of anyone. We
certainly didn't take the signs down but they are not reposted every time in terms of
putting new dates on them. That's not the requirement. The signs were posted and I
believe they're still posted but they don't have new dates. This proposal involves a 50-
percent lot coverage. That's all the lot coverage that exists. With regard to the beach
access, if you look at the letter from the civic league that I put in your packets from 1999,
at the access and primary beach access is Dmwlddle. And, we had to agree that we put a
walkway over the dune to the beach. But now the civic league doesn't want that. We
had that on our original plan. We will be putting a walk-way over this dune fi>r our
residents but nothing inhibiting the use of Dlnwlddle, which is the beach access that the
people in this area use and have used for years, which is one of the reasons why the civic
league back in 1999 did not want us to develop the site plan that we had approval for
because our access to our 40-umt condominium was off of Dmwlddle. And, that plan,
had we developed with that plan would have wiped out every one the live oaks on this
property rather than what were doing now and that is saving many and planting far more,
with a building that would have been 75-feet in height versus one in this case ~s over 80-
feet in height, very little difference in the height of the building. Yet, we don't have to
put a turn lane on Shore Drive We don't Involve Dlnwlddm in any way with this project
as far as the development is concerned and as I said, we will not be impacting the beach
access in any way, shape or form either Dlnwlddle or Dupont and will be providing our
own. Todd Solomon's httle interesting game with numbers. What he calculates as
density. Chesapeake House has a 120-umts. We have 27. Clearly their density is far, far
Item #15
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Page 11
greater than ours, and if you break it down by square footage of the land area. What he
neglects to point out is that those units are 900 square foot flats. What the civic league
wanted to see and frankly and I know what a lot of Chesapeake House wanted to see and
that's a far higher quality of residential development. And, that is part of what we're here
to make sure that we get and achieve on Shore Drive is not just 900 square foot flats. We
can put twenty-seven 900 square foot flats on here and we'll be way down below the
ratio. And, in fact that would not get a better development. We can in fact have built the
1999 plan and had a lower ratio than the one that he's talking about for this plan today
with 40-umts, 40-umts versus 27 but under his scenario we have more density today.
Doesn't make a whole lot of sense to me but he wants to play with numbers to try and
create some statistical argument. We got a plan here for a project that everyone will be
very proud of and it will be step up in quality for anything else that is out there for Shore
Drive. And, I see that my time is up. I said I was going to be brief and I'm going to that.
If you have any questions, I'll be happy to answer them.
Ronald Rlpley. Appreciate you being brief. That wasn't a question. It was a statement.
We got some questions down here. I th~nk Will Din and then Gene.
Wdham Din: There are several people who have brought up the dune areas down here.
And, I don't know if that has ever been addressed. Again, at this meeting I know it was
addressed at our previous meeting about whether those dunes are protected or not. I
don't believe they are protected. Could you go through that?
Eddie Bourdon: They are protected by deed restrictions. Steve, if you could put the
composite map up there? That's probably the best one. The dune is in this area here and
you can see we got the parking garage back here and we got all these units over here,
these duplexes. We're talking about a dune that is way back here. Even as a secondary
sand dune, there ~s a deed restrlcnon that deals w~th ~t not being disturbed and our plans
do not involve disturbance of that sand dune. We stayed off the sand dune. And, that is
actually what was the case w~th the 1999 40-umt plan as we stayed off the sand dune. In
hononng that deed restriction that emsts on that sand dune and that w~ll not be changed in
anyway by what is before you today. We're off the dune. We will not be using the dune
but it is clearly a secondary dune when you look at where it's located back here in
relation to the beach and the dunes that are all out here on Chesapeake Bay and the
development on rather s~de of us that go well beyond or north of what is in essence a
secondary dune. It's a sand hill back on this p~ece of property. But we're staying off of
that sand hill and the staging will occur ~n the front of the building for the construction of
the building.
Wdham D~n. Have you had any assessment as to how the ~mpact of the pool or anything
else will be on that dune?
Eddie Bourdon: The pool is not in the dune in anyway shape or form And if you go
back to the not~on that Tim has that there won't be any sun on the swimming pool.
Clearly there will be a shadow on the swimming pool in the afternoon but last time I
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Forth Worth Development, Inc.
Page 12
checked the sun rises ~n the east and it goes overhead there'll be certainly plenty of sun
on the swimming although it w~ll be shaded by the building in the afternoon, the dune is
not affected by the swimming pool. And, we will have a walkway over the dune to the
beach for the residents of this community and we had offered to do one on Dlnwlddle for
everyone. The civic league now does not wish to have that.
Ronald Pdpley: Gene has a question.
Eugene Crabtree: Yeah, I think you answered my question in the process of answenng
Mr. Dln's. The staging area for construction you said will be on the Shore Drive s~de of
the bmldlng and will not in impact the dunes. Am I correct?
Eddie Bourdon: We must, by that deed restriction, avoid any impacts on the dune and
that's a private deed restriction that will be enforced by the former owners or their
successors in interest as far as that deed restriction is concerned
Ronald Rlpley: I believe Kathy Katslas has a question.
Kathy Katslas: My concern last month was with the parking situation Eddie and I
understand that you had six guest parking spaces which when the residents aren't there,
there will be additional parking. Unfortunately, I'm sure most of the residents will be
there in the summertime and that's when more parking is going to be required. And, I
don't think six is enough to accommodate this building.
Eddie Bourdon: The two parking spaces per unit that exists also would y~eld because we
all know that every unit owner is not going to have two vehicles at this locatmn. In fact,
again, we expect that there will be a number of units that will be a second home scenario
and they're generally not going to have two vehicles located there. They will have one
vehicle if they are here for the summer but generally not two. So, we believe and quite
confident that there will be more than six parking spaces that will be avadable for visitors
but they will vary in term of their number. Little doubt that on the fourth of July there
probably won't be a great deal of visitor parking available in that building. But there is
public parking available across Shore Drive from this site with a very large parking lot
that goes along with the boat ramp on Crab Creek but there is public parking there.
Kathy Katslas: Last month weren't you going to check with the adjacent property owners
and see If they could deal with parking?
Eddie Bourdon: The parking that could be created in the public right-of-way can be
done. There's no two ways about that and there are recommendations at one point that
was supported by the Ocean Park Civic League and I don't think they are no longer
supported by them when they're looking for sand out there about improving these public
right-of-ways and providing better beach access and providing better opportunities for
people to park. We are not adverse to improving Dupont Circle in this direction and
providing public parking. It would not be that you could restrict it to people who live
Item #15
Forth Worth Development, Inc.
Page 13
here. Had we done the 99' plan and had an entrance off of Dlnwiddle, Dlnw~ddle would
have been widened and parking would have been more easily attainable on Dlnwlddle.
We respected the community's desire to stay off of Dlnwlddle with this plan as we
agreed with the civic league in 1999 that we would do. Again, there are no
improvements with this plan for Dlnwlddle at all and the only access is again, there's a
door on that side of the parking area where, again, that's going to be controlled access
with a code.
Kathy Katslas: Thank you.
Ronald Rlpley: Is that door a firer requirement too?
Eddie Bourdon: I believe it would be a requirement under the fire code Mr. Ripley
otherwise, we really don't have to have it other than for fire code or security and I believe
it will be a requirement but it's just a door.
Ronald Rlpley: Are there any other questions?
Eddie Bourdon: If I could, one other thing. To our west there are 24-umts in 12 duplexes
on the next block plus a Mexican restaurant and a restaurant that had a checkered history
as far as the community. We're talking about 27-umts on this piece of property and a
halfmdhon dollars and up. The density issue we don't buy that. It's a question of
whether you want smaller, less valuable units.
Ronald Rlpley: Any idea of the approximate size of those units?
Eddie Bourdon. In the duplexes?
Ronald Rlpley: In the proposal.
Eddie Bourdon: Oh in this. They are 2200 square feet. One will be larger but basically
2200 square feet per unit.
Ronald Rlpley: Thank you. Alnght. I will open this up for discussion with the Planning
Commission. Who would like to go? Will.
William Din: I think the applicant has tried to work through this process quite well.
We've talked about the sand dune. We've talked about the setback. And, I think those
areas are well worked out. I think that the only problem is the massiveness of the
building that people are concerned w~th. There is 13-story building adjacent to that
which is setback quite far. That appears to be less massiveness because it is setback.
And because of the way that this building is sitting on the piece of property I think it is
quite large looking. I think that's mentioned in the report and I think my own concern is
probably the massiveness of it. I think that's something that I could probably live with. I
think the high quahty of the building and the way it looks and constructed is well bmlt. I
Item # 15
Forth Worth Development, Inc.
Page 14
think the appearance of it looks very good. I don't think the height of that is very
restricted because I think it steps it down. I think it does look like a transition from the
Chesapeake House down to the duplexes to the west of that. There is a lot of effort to
save the sand dune, a lot of effort to put in some live oak trees. The applicant has been
trying to work with that. I really think there has been a lot of effort in trying to put up
good quality development in this area. I really don't have a whole lot of problem with
that so I'll probably be support this.
Ronald Rlpley: Okay. Are there any other comments? Jan.
Jamce Anderson: I'm kind of going both ways on this. But I just wanted to bring out
some stuff for discussion. I think the project is very nice but there are problems that I
have with the right-of-way variance. It's clear now that they're going back to the Board
of Zoning Appeals to try to get a variance. But, they could have scaled back and gone
back behind the setback line but they chose not to do that so they're looking to build into
the right-of-way there. So far as the coverage of the lot, this is rather a small lot for this
size of braiding. They are covering every portion of it with building that's bmldable
because the sand dune is reserved and that's protected so any bmldable land that's there,
they're covering every chunk of it. So far as the civic leagues are concerned w~th
communication I think that the applicant haa been very good at going out to the civic
leagues before but the civic league's communication goes both ways. If they know
something out there and somebody doesn't contact them they need to go out and contact
the applicant. I'm not really womed about the communication. It is B-4. You do have
the high rises due to the one size. And this is a step down but I think in the area, just the
location how close the road it is kind of heavy. The previous 40-umts that they had, it is
a good thing the Council has approved these Overlay districts and they've come from
Planning but this is the kind of structure you had before and it's nice that these
restrictions are there.
Ronald Rlpley: Does anybody else have any comments? Gene.
Eugene Crabtree: I agree that the building intends to crowd the property and however,
there are other precedence's in the City of braidings which crowd the property to, some
of which are on Shore Drive. Some which have been approved in recent years in the
center of the City. The building that is currently going on that we are working with now
so I don't see as to where the arrangement of the parking underneath the building and the
amenities in the second floor and the living units above that the crowding of the property
is all that drastic. And, that it makes that much difference and I agree the six stories is a
step down from the 13-stories that is adjacent to it on the east side. Therefore., I think I'm
going to support the application since the other issues have been ironed out with the staff.
Ronald Rlpley: Thank you Gene. Dot.
Dorothy Wood: I'm like Kathy on the parking. I think that they do need more parking
and I'm certainly torn with this application. I like the high end. I hke the $400,000 units
Item # 15
Forth Worth Development, Inc.
Page 15
and people will just, excuse Mr. Bourdon, $500,00 units. I do think it is very massive but
there are other buildings on Shore Drive llke Mr. Crabtree said that have been recently
built that are massive and do not fit in to the area also. It's just a real hard decision. I
know that the City and all the civic leagues are against lt. And, w~th the parking, I have a
problem with that so I'm really torn. I'm interested ~n heanng what my fellow
Commissioners have to say.
Ronald Popley: Well Mr. Scott, with regard to the parking and Mr. Bourdon mentioned
about possibility of making some improvements to Dupont Circle, which certainly will be
public parking but also would be an opportumty for visitors to use pubhc parking also,
would that have any public benefit or is that something that you don't want to do at this
point ~n disturbing that land?
Robert Scott: I think there's really some limited opportunity. Let me put ~t this way.
When most people talk about providing parking in the Shore Drive area they're talking
about th~s site for public parking not the streets adjoining the site. There's been talk and
I've heard for many years in purchasing properties hke this to build public parking lots
on lt. I don't know if I like that idea too much but I've heard that idea but to use Dupont
Circle itself it doesn't seem like there's a whole lot of opportumty to use that limited bit
of roadway for public parking. And also, it's again time I guess to reemphas~s the
importance of the dunes there. And you don't want to dig into the dunes just to put
parking in.
Ronald Ripley: No. I went out and walked this site and walked all over the dunes. Of
course, I had to walk on the dunes but I did walk around ~t to take a look at ~t and try to
get a sense of scale because that was a concern that I was hearing and a concern that staff
wrote about. And, on balance I think the, to me, it appears to be a natural stepping down
from the Chesapeake House to the lower residential to the west. I've heard mentioned
and I think Mr. Solomon mentioned that the Comprehensive Plan refers to this as open
space but that's kind of a "catch 22" because this open space plan reached out and put a
net over every piece of vacant space in the whole city I think. And, the d~scussion that
the Planning Commission had and I know with our doors people was that this should not
taint the property because if the city doesn't buy it, people have by-right uses and this is a
by-right use that this person has come m to ask for a rezomng. I think Jan points out a
good point. Prior to the Overlay District by right could have been that exhibit that Mr.
Bourdon handed out. It's the first t~me I've seen that. It's a pretty ugly building. I'm not
saying that's where we would end up, but we certainly could have ended up with
something pretty back quite frankly prior to the Overlay. So, it ~s good that we have the
Overlay. And, it ~s good that we have the public participation on what goes on to these
properties because I think we're all trying to improve Shore Drive and a lot of effort has
gone into that and I think we're seeing results along that Corridor. Two spaces per
apartment is probably.., what is the minimum Mr. Scott? Is it less than two?
Robert Scott: Yeah. Can you tell me what the ordinance says on that9
Item # 15
Forth Worth Development, Inc.
Page 16
Ronald Rlpley: Is it two for the first 50 or something? So it is two? So, two would be
the minimum? So, you have six over the minimum basically? That is a concern and I
think we've raised it too. I've talked to Mr. Bourdon about trying to actually access this
but it looks like the access to the units will be underneath the building into the elevators
and how that is treated will be up to the architect. I'm inclined given the high quahty of
the property and I don't have that much problem with scale. I think it's encumbenng a
lot of the property but on the other hand this dune is pushing the property forward and I
think that's part of the dilemma with this whole thing. And, on the other hand at the
same time I think the applicant is trying to create a high quahty community. And, half
mflhon-dollar condominiums is definitely high quality as far as I'm concerned. So, I will
probably be supporting this also. Is there anybody else? Would someone like to make a
motion?
Wflham Din: I move to approve this apphcatlon.
Ronald Rlpley: Does that include the conditions that are in here?
Wllham Din: The conditions state that it shall be hmlted to three stones in height.
Ronald Rlpley: Does it include that condition? Conditions 1-47
Wllham Din: I don't think the applicant 1s agreeable to that.
Eddie Bourdon: We agree with all the conditions that the staff has recommended except
for condition five.
Ronald Rlpley: So Will, what's your motion?
William Din: I'd like to approve the apphcatlon without condition five.
Ronald Rlpley: Do I have a second? Got a second by Barry Knight. So, were open for
discussion. Is there any discussion from the group? We can't talk anymore. We're in
the middle of discussing this motion now.
Tim Solamc: I would just hke to make one comment. Whenever the appropriate time
will be just to get it on the record because I wasn't given the opportunity to rebut Mr.
Bourdon.
Ronald Rlpley. You don't have that opportunity Your only opportunity to rebut is at
Council.
Tim Solamc: Right. I understand. I'm basically asking for someone to sponsor a
comment for the public record after you vote, before you vote. Anytime you feel
appropriate.
Item #15
Forth Worth Development, Inc.
Page 17
Ronald Rlpley: After we vote, you're welcome to come to City Council and put it on
record there.
Tim Solamc: Okay.
Ronald Pdpley: Okay. Thank you. Is there any discussion on the motion? We're ready
to vote.
AYE 6 NAY 3 ABS 0 ABSENT 2
ANDERSON
CRABTREE AYE
DIN AYE
HORSLEY AYE
KATSIAS
KNIGHT AYE
MILLER
RIPLEY AYE
SALLE'
STRANGE AYE
WOOD
NAY
NAY
NAY
ABSENT
ABSENT
Ronald Rlpley: By a vote of 6-3, the motion cames. Okay is that the last item to come
before us? I believe it is so this meeting is adjourned.
Map G-3
h'lop Not to Scole
Fort Worth Development, Inc.
C~e~zAe~z~e
%
Gpin 1489-59-0079
ZONING HISTORY
1 Change of Zoning (Condibonal B-1 Neighborhood Bus~ness District to O-2
Office D~stnct)- Granted 7-5-00
Change of Zoning (0-2 Office D~stnct to Condibonal B-1Neighborhood
Business District) - Granted 8-11-98
2 Conditional Use Permit (communication tower)- Granted 8-11-98
Condibonal Use Permit (beauty shop)- Den~ed 5-23-83
3. Conditional Use Permit (convalescent home) - Granted 2-25-97
4. Street Closure - Granted 9-14-81
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Victory Chapel - Conditional Use Permit (church)
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Application of Victory Chapel for a Conditional Use Permit for
a church on property located at 6644 Indian R~ver Road (GPIN 1456050942).
DISTRICT 2-KEMPSVILLE
The purpose of th~s request is to allow a church to operate on th~s s~te
Considerations:
There ~s an exisbng 1,800 square foot one-story building with a taller two-story
addition off of the northeast corner of the budding. An asphalt, paved parking
area surrounds three sides of the building.
The church membership at present is 35 There is ample parking on s~te to
accommodate substanbal growth of the church. Although not clearly marked due
to disrepair, the parking lot can accommodate 38 parking spaces or up to 190
seats within the facdity This esbmate ~s solely based on the Zoning Ordinance,
which requires at least one parking space for each five seats within a sanctuary.
Other factors may further restrict the ulbmate growth of the church at th~s
location
The applicant has indicated that exterior aesthebc improvements to the ex~sbng
building are planned and include: pa~nbng the exterior an off-white earth tone
color, remowng the exisbng non-conforming s~gn, installing landscaping ~n
planters along the fa(;ade facing Indian R~ver Road and resurfac~ng the exlsbng
parking lot.
The 18,576 square foot s~te is s~gnificantly less than the three-acre s~te size
required by the Zoning Ordinance for free-standing churches; however, as
provided for in the Zoning Ordinance (Section 221(e)), the cond~bons
recommended below should offset the negabve effects inherent ~n the area
deficiency The use w~ll have I~ttle, ~f any, negative ~mpact on the surrounding
properbes. According to the apphcant, members w~ll use the church on
Wednesday evenings and then on Sundays for two services. The church does
not operate during the peak hours for the commercial uses that are located ~n the
wcin~ty of th~s s~te, and at th~s bme the church has only 35 members
V~ctory Chapel
Page 2 of 2
The Planning Commission placed th~s item on the consent agenda because the
proposed use and ~mprovements to the property w~ll enhance this area Staff
recommended approval. There was no opposition to the request.
Recommendations:
The Planning Commission passed a mobon by a recorded vote of 10-0 to
approve th~s request w~th the following cond~bons.
1. The asphalt area shall be resurfaced and remarked for standard parking
spaces, w~th at least one van accessible hand~cap space marked.
2. The exterior of the building shall be painted an off-white color.
,
The ex~sting nonconforming sign shall be removed prior to the issuance of
a Certificate of Occupancy. Any new freestanding s~gn shall be
monument style w~th a brick base. All new signage shall adhere to all
applicable requirements within the City of V~rg~nia Beach Zoning
Ordinance.
4. A Cerbficate of Occupancy shall be obtained from the Building Official's
Office prior to occupancy of the church.
5. The maximum attendance at the church at any one bme shall be 190
6. The Use Permit shall be administratively rewewed on an annual bas~s.
.
Foundabon landscaping shall be ~nstalled along at least 50 percent the
fa(;ade facing Indian R~ver Road. This requirement may be met with the
use of large planters
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Locabon Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Departmen~~ .~--~-
City Manager~~e¢"~/~.~ ~
VICTORY CHAPEL / # 22
General Information:
APPLICATION
NUMBER:
REQUEST:
ADDRESS:
A08-210-CUP-2003
Condibonal Use Permit for a free-standing church
6644 Indian River Road
Not to Scale
July 9, 2003
Cha
GPIN:
ELECTION
DISTRICT:
SITE SIZE:
Gp~n 1456-05-0942
14560509420000
1 - CENTERVILLE
18,576 square feet
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL I # 22
Page 1
STAFF
PLANNER:
PURPOSE:
APPLICATION
HISTORY:
Carolyn A K. Smith
To allow a church to operate on this s~te
Th~s application was deferred at the June 11 heanng to allow staff and
the applicant addibonal time to work on outstanding ~ssues.
Major Issues:
· Degree to which the proposal ~s compatible w~th the surrounding area.
Land Use, Zoning, and Site
Characteristics:
Existinq Land Use and Zoning
There is one-story budding on the site,
approximately 1,800 square feet,
surrounded by asphalt pavement for
parking. This site ~s currently zoned B-2
Community Business D~strict and has been
vacant for some time.
Surroundin~ Land Use and Zoning
North:
South:
East:
West:
· Office (under construction), single-family dwellings
/ B-2 Community Bus~ness D~strict, R-10
Res~denbal District
· Indian River Road
· Retail uses- restaurant, fuel sales / B-2
Community Business D~stnct
· Office (under construction) and retail uses / B-2
Community Business D~stnct
· Sandra Lane
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 2
· Bowling alley / B-2 Community Business D~strict
Zoninq History
A variety of Conditional Use Permits have been granted ~n the v~cinity of this request.
The permits range ~n uses from churches to ch~ldcare and mini-storage to motor vehicle
rentals. No specific zoning actiwty has occurred on this parcel w~thin the last 20 years.
Air Installation Compatible Use Zone (AICUZ)
The site ~s in an AICUZ of less than 65dB Ldn surrounding NAS Oceana.
Public Facilities and Services
Water and Sewer
The building on the site is currently served by City water and sewer.
Transportation
The traffic generated at th~s s~te for the church use ~s less than what would be
generated were the s~te developed with a commercial use allowed by-right ~n the B-2
Business zoning district.
The Master Transportation Plan identifies this port~on of Indian R~ver Road planned for
an ulbmate w~dth of 150 feet. Currently, the right-of-way width at this location is
approximately 115 feet. Future reservabon and/or dedications may be required. This
would only affect the exisbng parking lot and not the exisbng structure.
Public Safety
Police:
Not reviewed - no comments.
Fire and
Rescue:
To be occupied as a Place of Assembly, additional building
code requirements must be met ~n regards to fire protection,
tenant separabon and means of egress Additional review of
these requirements and other related ~ssues w~ll be done at a
later date.
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 3
Comprehensive Plan
The Comprehensive Plan Map recommends this area for continued use for retad,
service, office and other compatible uses w~thin commercial centers serving surrounding
neighborhoods and communities.
Summary of Proposal
Proposal
There ~s an ex~sting 1,800 square foot one-story building w~th a taller two-
story addition off of the northeast corner of the building. An asphalt, paved
parking area surrounds three sides of the budding.
The church membership at present ~s 35. There ~s ample parking on s~te to
accommodate substantial growth of the church. Although not clearly marked
due to d~srepair, the parking lot can accommodate 38 parking spaces or up to
190 seats w~thin the facility. Th~s esbmate ~s solely based on the Zoning
Ordinance, which requires at least one parking space for each five seats
w~thin a sanctuary. Other factors may further restrict the ulbmate growth of
the church at this location.
The applicant has indicated that exterior aesthetic ~mprovements to the
exisbng building are planned and include: painting the exterior an off-white
earth tone color, removing the existing non-conforming s~gn, installing
landscaping in planters along the fa(;ade facing Indian R~ver Road and
resurfac~ng the existing parking lot.
Evaluation of Request
The request for a free-standing church at th~s Iocabon is acceptable. Staff has noted
that the 18,576 square foot s~te ~s s~gniflcantly less than the three-acre s~te s~ze required
by the Zoning Ordinance for free-standing churches; however, as prowded for ~n the
Zoning Ordinance (Section 221(e)), the condlbons recommended below should offset
the negative effects inherent in the area deficiency. The use will have little, if any,
negative impact on the surrounding properties According to the applicant, members
wdl use the church on Wednesday evenings and then on Sundays for two services The
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 4
church does not operate during the peak hours for the commercial uses that are located
~n the wcin~ty of this site, and at this time the church has only 35 members. It is
recommended that the Conditional Use Permit for the church be approved w~th the
following condibons.
Conditions
1. The asphalt area shall be resurfaced and remarked for standard parking spaces,
w~th at least one van accessible hand~cap space marked.
2. The exterior of the building shall be painted an off-wh~te color.
.
The exisbng nonconforming sign shall be removed prior to the issuance of a
Certificate of Occupancy Any new freestanding s~gn shall be monument style
with a brick base. All new signage shall adhere to all apphcable requirements
w~thin the C~ty of Virginia Beach Zoning Ordinance
4 A Certificate of Occupancy shall be obtained from the Building Official's Office
prior to occupancy of the church.
5. The maximum attendance at the church at any one bme shall be 190.
6. The Use Permit shall be administratively reviewed on an annual bas~s.
.
Foundation landscaping shall be installed along at least 50 percent the facade
facing Indian River Road. Th~s requirement may be met w~th the use of large
planters.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approvaL See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 5
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 6
6644 Indian River Road
(Lot Size: 22,500 SF / 0.52 acre)
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL / # 22
Page 7
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL I # 22
Page 8
l~, CLOSURE STATE M E~T
Applicant's Name:
List All Current
Property Owners:
If the applicant is a CORP01~~ list ail offic, ers of the Corporation below:
(Attach hst)f necessary)
..
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
~f necessary)
[~tDheck here if the apphcant is NOT a corporation, partnership, firm, or other
unincorporated organization.
If the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
If the property owner ;s a CORPORATION, list all officers of the Corporation below'
(Attach fist if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners m the organization below: (Attach list
if ne~e)~ary)
i~Check here if the property owner is NOT a corporation, partnership, firm, or other
unincorporated organization.
CERTIFICATION' I certify that the information contained herein is true
and a~
~ure
, ..... I,I I ....................... .... ~l I I I [1_11 IIIIII
Print Name
Conditional Use Permit Application
Page 8 of 12
Planning Commission Agenda
July 9, 2003
VICTORY CHAPEL I # 22
Page 9
Item #22
Victory Chapel
Conditional Use Permit
6644 Indian River Road
District 2
Kempsvdle
July 9, 2003
CONSENT
Charhe Salle': The last item is Item #22, Victory Chapel. It's a Conditional Use Permit
for a freestanding church at 6644 Indian River Road. Do we a representative of Victory
Chapel? Is there any opposition to this item? There are seven conditions. I guess we
could approve it based on those conditions if they it's not acceptable they can deal with
it.
Ronald Rlpley: I think they can.
Charhe Salle': That's all the items on the consent agenda. I would move that we
approve the consent agenda Item #22 with seven conditions
Ronald Rlpley: So we have a motion to approve the consent agenda as read by Charhe
Salle'. Do I have a second? I have a second by Gene Crabtree. And, Item #22, Kathy, I
think it is our last item. Could you make a comment on this on behalf of the
Commission?
Kathy Katslas: This is for a Conditional Use Permit for a freestanding church. It was
previously a gun shop, and it's 1800 square feet. They have 33 members of the church.
They're going to make considerable improvements to the property, and we recommended
approval.
Ronald Rlpley. I hope the public has a better understanding as to why we we're
recommending th~s consent item and that's the purpose of this discussion. We do have a
motion on the floor and I believe we have a second. I would hke to call for the vote. So
all in favor of the motion raise your hand. Opposed?
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
ABSENT
WOOD ABSENT
Ronald R~pley: The motion cames. Okay. That concludes the consent agenda.
Cha
to Scale
B-2
3
Gpin 1456-05-0942
ZONING HISTORY
1. 10-2-01 --Conditional Use Permit (child care)- Granted
2 5-22-01 --Conditional Use Permit (child care & church expansion)-
Granted
1-27-98 -- Conditional Use Permit (church & school) - Granted
3. 9-8-98 -- Conditional Use Permit (mini warehouse) - Granted
4 8-22-95 --Conditional Use Permit (motor vehicle rentals)- Granted
5. 8-10-87 -- Conditional Use Permit (home occupabon beauty salon) -
Den~ed
6. 3-11-85 -- Street Closure - Granted
7. 5-14-84 -- Change of Zoning (B-2 Community Business Distr~ct to A-2
Apartment D~str~ct) - Granted
ITEM:
CITY OF VIRGINIA BEACH
AGENDA ITEM
Gateway Christian School - Conditional Use Permit (private school)
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Applicabon of Gateway Christian School for a Conditional
Use Permit for a private school on property located at 5473 Virginia Beach
Boulevard (GPIN 1467472600; 1467463886). DISTRICT 2- KEMPSVILLE
The purpose of th~s request ~s to add four portable traders for additional
classroom space on a temporary basis. The trailers are needed for ex~sting
overcrowding ~n the classrooms. The apphcant ~s working on a Master Plan to
accommodate current and long-term needs for both the church and school.
Considerations:
The Kings Grant Chnsban Day School received Cond~bonal Use Permit approval
for the western half of the subject property on June 26, 1967. In 1978, the
Fairmont Park Freewill Bapbst Church received Use Permit approval for the
entirety of the subject property The names of the school and church have since
changed.
A school has been operating at this Iocabon for over 30 years and ~s an
established use in the area. The property ~s large enough to easily
accommodate the school and the associated church without causing a
disturbance to neighboring properties The four trailers are proposed just south
of the parking lot located between the church and the school. The tra~lers are
shown ~n two groups of two, w~th a wooden deck connecting the area between
the tra~lers The trailers are proposed at a location on the s~te that ~s not ws~ble
from the street or from ne~ghbonng properbes. The tra~lers are ~ntended as a
temporary means to m~bgate an ex~sbng problem with overcrowded classrooms.
A long-term solubon ~s ~n the planning stages that w~ll address the ex~sbng and
future needs of the church and school
The Planning Commission placed this ~tem on the consent agenda because ~t ~s
an ex~sbng use and the proposed trailers would not be v~sible from the street or
adjacent properties Staff recommended approval. There was no opposibon to
the request.
Gateway Christian School
Page 2 of 2
· Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request w~th the following condibons.
.
A total of four traders are permitted as shown on the s~te plan entitled
"Gateway Chrisban School" dated May 2003 by Patton Harris & Rust
Associates. All trailers shall be removed w~thm five years of the date of
approval of th~s Cond~bonal Use Permit request.
2. The base of the traders shall be enclosed to prevent entry underneath the
tra~lers
3. Foundabon landscaping shall be installed and maintained around the base
of the trailers, except where they are connected by a deck.
4 Locking dewces acceptable to the Police Department shall be installed on
all doors and w~ndows of the trailers.
5. The metal frame currently located ~n the general area of the proposed
traders shall be removed.
Attachments:
Staff Review
D~sclosure Statement
Planning Commission M~nutes
Locabon Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Departmen~~ i/~=~
City Manager:~C¢~ ~Z-- · ~~¥~z-
GATEWAY CHRISTIAN SCHOOL/# 11
July 9, 2003
General Information:
APPLICATION C06 - 215 - CUP - 2003
NUMBER:
REQUEST:
Conditional Use Permit for private school (portable trailers)
ADDRESS:
5473 Virginia Beach Boulevard
Ma C-6
Plop N~'i~to Scale
Gatewa, Christian School
Gp~n: 1467-47-2~00 and 46-3886
GPIN:
ELECTION
DISTRICT:
14674726000000 & 14674638860000
KEMPSVILLE- 2
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 1
SITE SIZE: 24.303 acres
STAFF
PLANNER:
PURPOSE:
Ashby Moss
To add four portable traders for additional classroom space on a
temporary basis. The traders are needed for ex~sting overcrowding in
the classrooms. The applicant ~s working on a Master Plan to
accommodate current and long term needs for both the church and
school.
Major Issues:
· Visibility of traders from off-site.
· Temporary nature of trailers pending future budding expansion.
Land Use, Zoning, and
Site Characteristics:
Existinq Land Use and Zoninq
The property is currently used as a
private school and a church. The
property ~s zoned R-7.5 Res~denbal
District and A-12 Apartment District.
Surrounding Land Use and Zoning
North:
South:
East:
· Retad uses and auto repair he between the
subject property and Virginia Beach Boulevard /
B-2 Community Bus~ness D~stnct
· Vacant property, significantly impacted by
wetlands / 0-2 Office District.
· Beyond that is 1-264.
· Single-family res~denbal dwellings / R-7 5
Res~denbal D~str~ct
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 2
West:
· Single-famdy residential dwellings / R-10
Residential D~strict
Zoning History
The Kings Grant Chrisban Day School received Conditional Use Permit approval for the
western half of the subject property on June 26, 1967. In 1978, the Fairmont Park
Freewill Bapbst Church received Use Permit approval for the enbrety of the subject
property. The names of the school and church have s~nce changed. In 1982 and again
in 1983, the church received approval to allow the ex~sting dormitories on a portion of
the property to be used for group quarters The ~ntent at the bme was to allow military
personnel to use the dormitories at no cost during the weekends Two p~eces of the
subject property were rezoned to A-1 Apartment District on two separate occasions.
The property on the western side, which does contain a structure, was rezoned from B-
2 Business to A-1 Apartments on April 13, 1981. The property on the eastern s~de,
which ~s currently vacant, was rezoned from R-6 Res~denbal to A-1 Apartments on
February 27, 1984
Air Installation Compatible Use Zone (AICUZ)
The sIte is ~n an AICUZ of less than 65dB Ldn surrounding NAS Oceana.
Public Facilities and Services
Water and Sewer
The property is already connected to City water and sewer.
Transportation
Master Transportation Plan (MTP) / Capital Improvement Program (CIP):
Virginia Beach Boulevard in the vicinity of th~s application is considered an e~ght lane
d~v~ded major urban arterial. The MTP designates this roadway as a 150-foot right-
of-way w~th d~wded traffic lanes. There are no upgrades programmed for th~s
secbon of V~rginia Beach Boulevard in the current adopted CIP
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 3
Traffic Calculations:
Street Name Present Present Generated Traffic
Volume Capacity
41,000 Ex~sbng Land Use z_ 606
V~rg~n~a Beach Bird ADT ~ 34,949 ADT ~
Proposed Land Use 3_ 606
Average Dady Trips
as defined by current enrollment of 480 students
enrollment w~ll not change
Public Safety
Police:
The Police Department recommends secure locking dewces
for the doors and w~ndows of the trailers and secure skirbng
around the base to prevent vandalism and break-~ns.
Adequate hghting should also be provided in the ~mmediate
vicinity of the tra~lers.
Fire and
Rescue:
A Fire Code permit must be obtained from the F~re
Department, and a Certificate of Occupancy must be obtained
from the Building Official
Comprehensive Plan
The Comprehensive Plan Map recommends Iow density s~ngle family res~denbal land
use for the subJect property.
Summary of Proposal
Proposal
· The applicant requests to ~nstall four mobde traders to be used as classrooms at the
back of the property.
· The apphcant currently intends to beg~n planning an expansion for the school to be
constructed within five years.
Site Design
· The property already contains several buildings associated w~th the church and/or
the school Most of the buildings are located on the south side of the property.
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL I # 11
Page 4
· The four tra~lers are proposed just south of the parking lot located between the
church and the school.
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The tra~lers are shown ~n two groups of two, with a wooden deck connecting the area
between the traders
Vehicular and Pedestrian Access
· The property has two vehicular access points. One ~s located on V~rg~n~a Beach
Boulevard, and the other is located on Cross Street, which connects to Toy Avenue
and Sedgefleld Avenue
Architectural Design
· Two single-wide (12 feet by 60 feet) and two double-wide (24 feet by 60 feet) trailers
are proposed.
· The base of the tra~lers must be enclosed with secure skirting to prevent entry
underneath the trader.
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL I # 11
Page 5
Landscape and Open Space
· Foundabon landscaping around the outside of the trailer groupings ~s recommended
as a condition of the Use Permit.
Evaluation of Request
Th~s Conditional Use Permit apphcation for temporary trailers for a private school is
acceptable. A school has been operating at this Iocabon for over 30 years and is an
established use in the area. The property ~s large enough to easily accommodate the
school and the associated church w~thout causing a d~sturbance to ne~ghbonng
properbes. The traders are proposed at a location on the s~te that is not ws~ble from the
street or from neighboring properties. The trailers are intended as a temporary means
to m~tigate an exisbng problem w~th overcrowded classrooms. A long lerm solubon is ~n
the planning stages that wdl address the ex~sting and future needs of the church and
school. Therefore, this applicabon is recommended for approval, subject to the
cond~bons ksted below:
Conditions
I .
A total of four trailers are permitted as shown on the site plan enbtled "Gateway
Christian School" dated May 2003 by Patton Harris & Rust Associates. All
traders shall be removed w~thin five years of the date of approval of this
Conditional Use Permit request
2 The base of the trailers shall be enclosed to prevent entry underneath the
tra~lers.
3. Foundation landscaping shall be installed and maintained around the base of the
tra~lers, except where they are connected by a deck
4. Locking devices acceptable to the Police Department shall be ~nstalled on all
doors and w~ndows of the tra~lers.
5. The metal frame currently located in the general area of the proposed trailers
shall be removed.
NOTE:
Further conditions may be reouired durin(~ the
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 6
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval. See
Section 220(g) of the City Zoning Ordinance for further
information.
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 7
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 8
24' by 60'
12' by 60'
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 9
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 10
DISCLOSURE STATEMENt,,T
..... [[[['[[ [[[ [ :: ': ~." ' [1'1 ................... II Il[[I ' ' I II I [1[[ ' r lull[ [ [ [[ [[ r-I
LiStpropertyAll Cur.nt~nem: ~~~ ~~'/d ~~
APPLICANT DISCLOSURE
If the appli~nt ~s a CORPORATION, list all o~m of the Co~ora~on below:
(A~ach list ~ ne~ssa~)
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
if necessary)
I-i Check here if the applicant is NOT a corporation, partnership, firm, or other
unincorporated organizahon
ff the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below' (Attach list
if necessary)
I"! Check here ~f the property owner is NOT a corporation, partnership, firm, or other
unincorporated organization
CERTIFICATION' i certify t~t the information contained herein is true
Signature Print Name
l. : i Illlllllllll' ,,, ,, . ! ..... I . : ]Ill I Il Il . I ·
Conditional Use Permit Apphcabon
Page 8 of 12
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 11
Certification: I certify that the attached information contained
herein is true and accurate.
Gateway FWB Church Trustees:
property OWner's SignatUi e
Property Owner's S~gnature
Mr. Ken Sullivan
Mr. Howard Brooks
Mr. Manford Gibbs
Mr. Vincent Fingleton
Planning Commission Agenda
July 9, 2003
GATEWAY CHRISTIAN SCHOOL / # 11
Page 12
Item # 11
Gateway Christian School
Conditional Use Permit
5473 Virginia Beach Boulevard
District 2
Kempsvdle
July 9, 2003
CONSENT
Charhe Salle': Next item, I guess is Item # 11, Gateway Christian School. And this is a
Conditional Use Permit for a private school for some portable trailers at 5473 Virginia
Beach Boulevard.
Kirk Berkhlmer: I'm K~rk Berkhimer. I represent Patten, Harris, Russ & Gateway
Christian Schools.
Charhe Salle': And there are three conditions. Are they acceptable9
Kirk Berkhlmer: We accept them. Yes.
Charhe Salle': Is there any opposition to this application? Thank you. I would move
that we approve the consent agenda Item # 11 with three conditions.
Ronald Rlpley: So we have a motion to approve the consent agenda as read by Charhe
Salle'. Do I have a second? I have a second by Gene Crabtree. And, I've asked Barry
Knight to comment on this item, so Barry Item #11.
Barry Knight: Item #11 is a request for Gateway Clmstlan School for a Conditional Use
Permit for a private school, specifically portable trailers. School has been operating in
this location for over 30 years. It's an established Use in the area. The property is large
enough to easily accommodate the school and the associated church without causing
disturbance to the nelghbonng properties. Trailers are proposed at a location on the site
that is not visible from the street or from the nelghbonng properties. The trailers are
intended as a temporary means to mitigate an existing problem with overcrowded
classrooms. A long-term solution is in the planning stages that will address the future
needs of the church. It was also noted that our own public schools have portable trailers
and they have a need and we understand that the private sector has that same need. So,
we view this as an acceptable use of the property subject to the conditions.
Ronald Rlpley: Barry, thank you very much. I hope the public has a better
understanding as to why we we're recommending this consent item and that's the
purpose of this discussion. We do have a motion on the floor and I believe we have a
second. I would like to call for the vote. So all in favor of the motion raise your hand.
Opposed?
Item # 11
Gateway Clmstlan School
Page 2
AYE 9
NAY 0
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
Ronald Rlpley: The motion cames.
ABS 0
ABSENT 2
ABSENT
ABSENT
Ma C-6 Christian School
Hop No~'~ 'co Cjcole
Gptn: 1467-47-2600 and 46-3886
ZONING HISTORY
1 5-9-83 - CONDITIONAL USE PERMIT (group home) - Granted
4-19-82- CONDITIONAL USE PERMIT (group home)- Granted
10-16-78 - CONDITIONAL USE PERMIT (church) - Granted
6-26-67 - CONDITIONAL USE PERMIT (school) - Granted
2 4-9-96 - CONDITIONAL USE PERMIT (auto repair garage) - Granted
6-8-93 - CONDITIONAL USE PERMIT (auto repair facility) - Granted
3 7-2-02- CONDITIONAL USE PERMIT (church) - Granted
9-26-00 - CONDITIONAL USE PERMIT (church) - Granted
4 7-3-01 - CONDITIONAL USE PERMIT (church)- Granted
5 3-12-02 - CONDITIONAL USE PERMIT (small engine repair-motorcycles) -
Granted
10-26-99 - CONDITIONAL USE PERMIT (auto rental fac~hty) - Granted
6-9-86 - CONDITIONAL USE PERMIT (auto repair) - Granted
6 7-6-93 - CONDITIONAL USE PERMIT (truck rentals) - Granted
9-6-83 - CONDITIONAL USE PERMIT (mmv-warehouses) - Granted
9-6-83 - REZONING (R-6 Res~denbal to B-2 Bus~ness) - Granted
7 12-3-02 - CONDITIONAL USE PERMIT (church) - Granted
4-22-85 - CONDITIONAL USE PERMIT (church) - Granted
11-28-83 - REZONING (R-6 Res~denbal to B-2 Bus~ness) - Granted
8 4-13-81 - REZONING (B-2 Bus~ness to A-1 Apartments) - Granted
9 2-27-84 - REZONING - (R-6 Res~denbal to A-1 Apartments) - Granted
10 4-11-77 - REZONING (R-6 Residential to B-2 Business) - Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Custom Stone Co. - Conditional Use Permit (bulk storage yard)
MEETING DATE: August 12, 2003
· Background:
An Ordinance upon Application of Custom Stone Co for a Conditional Use
Permit for a bulk storage yard on property located at 2621 Quality Court (GPIN
1496777137). DISTRICT 6- BEACH
The purpose of this request ~s to use the remaining vacant area on the property
as a bulk storage yard.
Considerations:
A portion of th~s property ~s developed w~th industrial buddings and an ex~sbng
bulk storage yard. The applicant is proposing another bulk storage yard on the
western half of the property, which ~s currently vacant. The property ~s zoned I-1
L~ght Industrial District. A Conditional Use Permit for a contractor's storage yard
was approved for the subject property on February 24, 1998.
The proposed storage area ~s located on the front (western) half of the property
and ~s approximately 125,000 square feet. An existing storage yard ~s located on
the eastern side of the property and is approximately 75,000 square feet. Office
and warehouse buildings are located between the two storage yards The
applicant proposes to store granite slab within the new storage area. The rear
storage area would be retained for storage of other ~tems
The proposed use ~s consistent with surrounding auto repair and storage yard
uses w~th~n the London Bridge Industrial Park II and ~s ~n keeping w~th the
Comprehensive Plan. S~te requirements pertaining to screening and landscaping
w~ll screen ~tems w~th~n the storage yard from adjacent properties and from the
street.
The Planning Commission placed this item on the consent agenda because it ~s
an ex~sbng use and is consistent w~th surrounding businesses. There was no
oppos~bon
Custom Stone Co.
Page 2 of 2
· Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve th~s request with the following conditions
1. The bulk storage areas shall be as shown on the site plan entitled,
"Preliminary Site Plan for Bulk Storage Yard for Custom Stone Company"
dated April 21,2002 by NDI, L.L.C. However, the chain I~nk fence w~th
barbed w~re shown around the western bulk storage area shall not be
permitted. The fence shall comply w~th Article 3.3 of the City Landscaping
Guide unless a variance ~s approved by the Board of Zoning Appeals.
.
Fencing, landscaping and I~ghting shall be ~nstalled ~n accordance w~th
Secbon 228 of the City Zoning Ordinance and the requirements of the Site
Plan Ordinance.
3 The site shall comply w~th apphcable stormwater management
requirements.
Attachments:
Staff Rewew
D~sclosure Statement
Planning Commission M~nutes
Locabon Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency: Planning Department,~l~.~l~------
City Manager:~~r~,:~ ~.._, ~~
CUSTOM STONE CO./# 12
July 9, 2003
General Information:
108 - 210 - CUP - 2003
APPLICATION
NUMBER:
REQUEST:
ADDRESS'
Conditional Use Permit for bulk storage yard
2621 Quality Court
Ma~ I-8
Custom
Stone Co.
Gpm 1497-77-7137
I-I
GPIN:
ELECTION
DISTRICT:
SITE SIZE.
14967771370000
6 - BEACH
9 9 acres
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO./# 12
Page 1
STAFF
PLANNER:
PURPOSE:
Ashby Moss
To use the remaining vacant area on the property as a bulk storage
yard.
Major Issues:
· Degree to which the proposal ~s compatible w~th the surrounding area.
Land Use, Zoning, and
Site Characteristics:
Existinq Land Use and Zonin.q
A portion of this property is developed
w~th industrial buildings and an ex~sting
bulk storage yard. The applicant ~s
proposing another bulk storage yard on
the western half of the property, which ~s
currently vacant. The property ~s zoned I-
1 L~ght Industrial District.
Surroundinq Land Use and Zoninq
North:
South:
East:
West:
· Across Quality Court, a contractor's storage yard /
I-1 L~ght Industrial District
· Auto repair and bulk storage yard / I-1 Light
Industrial District
· Vacant property / I-1 Light Industrial D~strict
· Across Central Drive, auto repair / I-1 L~ght
Industrial D~stnct
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO./# 12
Page 2
Zonin_a History
A Conditional Use Permit for a contractor's storage yard was approved for the subject
property on February 24, 1998. Cond~bons of that Use Permit are as follows:
The cond~bonal use permit ~s approved for a 5 05 acre porbon of the
subject property beginmng approximately 660 feet east of Central
Drive, as depicted on the s~te plan enbtled "Prehm~nary S~te Plan of
Office/Warehouse and Contractors Storage Yard at Parcel 43 London
Bridge Industrial Park II"
Fencing, landscaping and hghbng shall be ~nstalled in accordance w~th
Secbon 228 of the C~ty Zomng Ordinance and the requirements of the
S~te Plan Ordinance
The rote shall comply w~th apphcable stormwater management
requirements
Zoning actions in the ~mmediate vicinity ~nclude several other Cond~bonal Use Permits
for bulk storage yards and auto repair establishments.
Air Installation Compatible Use Zone (AICUZ)
The site is ~n AICUZ greater than 75dB Ldn and Accident Potential Zone II surrounding
NAS Oceana.
Public Facilities and Services
Water and Sewer
Th~s property is already connected to City water and sewer.
Transportation
No s~gn~flcant ~ncrease ~n trip generation ~s anticipated w~th this proposal
Public Safety
Police: No comments.
Fire and Adequate - no further comments.
Rescue:
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO./# 12
Page 3
Comprehensive Plan
The Comprehenswe Plan recommends this area for a variety of employment uses,
~ncluding business parks, offices, and appropriately located industrial and employment
support uses.
Summary of Proposal
Proposal
· The applicant proposes to store granite slab within the new storage area. The rear
storage area would be retained for storage of other ~tems.
Site Desiqn
· The proposed storage area ~s located on the front (western) half of the property and
is approximately 125,000 square feet.
· The exisbng storage yard is located on the eastern s~de of the property and ~s
approximately 75,000 square feet.
· Office and warehouse buildings are located between the two storage yards.
Vehicular and Pedestrian Access
· All of the vehicular access points for this property are located off of Quality Court.
Landscape and Open Space
· In accordance w~th Section 228 regarding special requirements for bulk storage
yards, the storage yard must be completely enclosed by a s~x-foot fence and
Category VI landscaping. Landscaping I~sted for Category VI includes evergreen
shrubs reaching a m~n~mum height of 8 to 10 feet at maturity. Article 3.3 of the
Landscaping Guide: Landscaping, Screening and Buffenng Specifications and
Standards specifies that corrugated metal fences and chain hnk fences do not sabsfy
screening requirements. Therefore, the fence for the proposed bulk storage area
cannot be chain link as shown on the submitted s~te plan.
Evaluation of Request
The request for another bulk storage yard on the property ~s acceptable The proposed
use is consistent with surrounding auto repair and storage yard uses w~th~n the London
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO. I # 12
Page 4
Bridge Industrial Park II and ~s ~n keeping w~th the Comprehensive Plan. Site
requirements pertaining to screening and landscaping wdl screen items within the
storage yard from adjacent properbes and from the street Therefore, th~s application is
recommended for approval, subject to the conditions listed below
Conditions
1. The bulk storage areas shall be as shown on the site plan enbtled, "Preliminary
Site Plan for Bulk Storage Yard for Custom Stone Company" dated April 21,
2002 by NDI, L.L.C. However, the chain I~nk fence with barbed w~re shown
around the western bulk storage area shall not be permitted The fence shall
comply w~th Article 3 3 of the City Landscaping Guide unless a variance ~s
approved by the Board of Zoning Appeals.
,
Fencing, landscaping and lighbng shall be installed ~n accordance w~th Section
228 of the C~ty Zoning Ordinance and the requirements of the S~te Plan
Ordinance
3. The site shall comply with applicable stormwater management requirements.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes. Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information.
II
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO. / # 12
Page 5
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Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO. I # 12
Page 6
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO. / # 12
Page 7
,,
i lll ii II
Applicant's Name:
List All Current
Property Owners:
APPLICANT DISCLOSURE
if the apphcant is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
tf the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, list all members or partners in the organization below: (Attach list
if necessary)
I"1 Check here if the applicant ~s NOT a corporation, partnership, hrm, or other
unincorporated organization.
If the applicant is not the current owner of the property, complete the Property Owner
Disclosure section below:
PROPERTY OWNER DISCLOSURE
tf the property owner is a CORPORATION, list all officers of the Corporation below:
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION, hst all members or partners in the organizahon below: (Attach list
if necessary)
!-I Check here if the property owner ~s NOT a corporabon, partnership, firm, or other
unincorporated organization
CERTIFICATION. I certify th~at the information contained herein is true
i,~}'~gr~ature P-rint Name '
Conditional Use Permit Application
Page 8 of 12
Planning Commission Agenda
July 9, 2003
CUSTOM STONE CO./# 12
Page 8
Item # 12
Custom Stone Co.
Conditional Use Permit
2621 Quality Court
District 6
Beach
July 9, 2003
CONSENT
Charhe Salle': Next item is Item #12, Custom Stone Company.
Christina Sims: Good afternoon. My name is Christina Sims. And, I represent Custom
Stone Company.
Charhe Salle': And, there are 3 conditions and there is some new language associated
with those conditions. Are you familiar with that?
Christina Sims: Yes.
Charlie Salle': And, are they acceptable?
Christina Sims: Yes, they are.
Charlie Salle': Is there any opposition to this application? Thank you. I would move
that we approve the consent agenda Item #12 with three conditions.
Ronald Pdpley: So we have a motion to approve the consent agenda as read by Charhe
Salle'. Do I have a second? I have a second by Gene Crabtree. I've asked Barry Knight
to comment on this item.
Barry Knight: Item #12 is an application from Custom Stone Company for a Conditional
Use Permit for a bulk storage yard. The proposed use is consistent with surrounding auto
repair and storage yard uses within the London Bridge Industrial Park and is Jn keeping
with the Comprehensive Plan. The site requirements pertaining to screening and
landscaping will screen the items within the storage yard from adjacent properties and
from the street. Therefore, we believe this is an acceptable use for this property subject
to the conditions stated therein.
Ronald Rlpley: Barry, thank you very much. Ronald Rlpley: I hope the public has a
better understanding as to why we we're recommending this consent item and that's the
purpose of this discussion. We do have a motion on the floor and I believe we have a
second. I would like to call for the vote. So all ~n favor of the motion raise your hand.
Opposed?
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON AYE
CRABTREE AYE
DIN AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
MILLER AYE
RIPLEY AYE
SALLE' AYE
STRANGE AYE
WOOD
ABSENT
ABSENT
Ronald Rlpley: The motion cames.
Ma 1-8
M~ ~qo~I~ Scale
Custom
Stone Co.
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Gpin 1497-77-7137
ZONING HISTORY
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1. 2-24-98 - CONDITIONAL USE PERMIT (contractors storage yard) -
Granted
2. 10-29-86- CONDITIONAL USE PERMIT (auto repair & bulk storage)-
Granted
3. 10-13-92 - CONDITIONAL USE PERMIT (auto repair garage) - Granted
5-12-92 - CONDITIONAL USE PERMIT (contractors equipment storage
yard) - Granted
4. 3-28-95 - CONDITIONAL USE PERMIT (auto repair facility) - Granted
5. 2-26-02- CONDITIONAL USE PERMIT (commun~cabon tower)-
Granted
2-26-02- CONDITIONAL USE PERMIT (bulk storage yard)- Granted
6. 10-14-97- CONDITIONAL USE PERMIT (contractors storage yard)-
Granted
7. 5-12-98 - CONDITIONAL USE PERMIT (outside storage of vehicles) -
Granted
8. 3-13-01 -CONDITIONAL USE PERMIT (bulk storage yard)- Granted
9 2-26-02 - CONDITIONAL USE PERMIT (communication tower) - Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
MEETING DATE:
A Resolution Referring to the Planning Commission Proposed
Amendments to Sections 111,233.1, 1501, 1511 and 1521 of the
City Zoning Ordinance, Pertaining to Conditional Use Permits for
Sales of Alcoholic Beverages in the RT-1, RT-2 and RT-3 Resort
Tourist Districts
August 12, 2003
Background: Current City Zoning Ordinance provisions have proven to be
inadequate to control the proliferation of bars in the Resort Area. While the City has
consistently opposed applications for ABC licenses for establishments in the Resort
Area, the ABC Board has granted those applications over the City's objections. The
City's having a greater measure of control over such establishments is especially
needed in the Resort Area because much of the undesirable behavior (including,
but not limited to, the commission of criminal offenses) at the Oceanfront is the
direct or indirect result of the consumption alcoholic beverages.
Considerations: The Resolution refers to the Planning Commission proposed
amendments to the City Zoning which would, in effect, require a conditional use
permit for any establishment serving or selling alcoholic beverages (on- or off-
premises) in the RT-1, RT-2 or RT-3 Resort Tourist District.
The Staff will also present to the City Council, as a part of the City's 2004 Legislative
Package, proposed Virginia Code amendments which would significantly expand
the City's ability to use the conditional use permit process as a means to control
such establishments.
The Mayor has requested that the Resolution referring the proposed amendments
to the Planning Commission be placed on the City Council's agenda.
Alternatives: The adoption of the Resolution would require the Planning
Commission to consider and provide a recommendation on the amendments.
When the amendments come before the City Council, the Council may adopt,
decline to adopt, or modify and adopt them.
Public Information: The amendments themselves will be advertised as a regular
planning item before both the Planning Commission and City Council public
hearings, in accordance with legal requirements.
Recommendations: Adoption of Resolution referring proposed amendments to the
Planning Commission
· Attachments: Proposed Ordinance
Recommended Action: Adoption of Resolution
Submitting Department/Agency:
City Manage~ ~
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTIONS
111, 233.1, 1501, 1511 AND 1521 OF THE CITY
ZONING ORDINANCE, PERTAINING TO CONDITIONAL
USE PERMITS FOR SALES OF ALCOHOLIC BEVERAGES
IN THE RT-1, RT-2 AND RT-3 RESORT TOURIST
DISTRICTS
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendment to Sections
111, 233.1, 1501, 1511 and 1521 of the City Zoning Ordinance,
pertaining to conditional use permits for sales of alcoholic
beverages in the RT-1, RT-2 and RT-3 Resort Tourist Districts. A
true copy of such proposed amendment is hereto attached.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the day of , 2003
CA-8974
wmm\ordres\alcoholicbevreferres.wpd
R-1
August 7, 2003
APPROVED AS TO LEGAL
Department of Law '
AN ORDINANCE TO AMEND SECTIONS 111,
233.1, 1501, 1511 AND 1521 OF THE
CITY ZONING ORDINANCE, PERTAINING TO
CONDITIONAL USE PERMITS FOR SALES OF
ALCOHOLIC BEVERAGES IN THE RT-1, RT-
2 AND RT-3 RESORT TOURIST DISTRICTS
SECTIONS AMENDED: City Zoning
Ordinance Sections 111, 233.1, 1501,
1511 and 1521
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 111, 233.1, 1501, 1511 and 1521 of the City
Zoning Ordinance are hereby amended and reordained to read as
follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Alcoholic beveraqe. Alcohol, spirits, wine, beer, or any one
or more of such varieties containinq one-half of one percent or
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more of alcohol by volume, including mixed alcoholic beverages, and
every liquid or solid, patented or not, containinq alcohol,
spirits, wine, or beer and capable of being consumed by a human
beinq. Any liquid or solid containing more than one of the four
varieties shall be considered as belonging to that variety which
has the higher percentaqe of alcohol, however obtained, according
to the order in which they are set forth in this definition.
Eating and drinking establishment or restaurant. A commercial
establishment where food, beverages and meals are served and
consumed, including any areas set aside for their storage or
preparation.
COMMENT
The amendments add a definition of the term "alcoholic beverage" (essentially the same
definition as appears in Virginia Code Section 4.1-100), and clarify that the term "restaurant" is used
interchangeably with "eating and drinking establishment" in the City Zoning Ordinance.
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Sec. 233.1.
Eating and drinking establishments serving
alcoholic beverages.
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In addition to general requirements, eating and drinking
establishments which serve alcoholic beverages, as defined in
section 4-2 of the Code of Virginia, for on-premises consumption
and which are located within five hundred (500) feet of any
residential or apartment district or have on-site parking within
three hundred (300) feet of any residential or apartment, district,
or which are located within the RT-1, RT-2 or RT-3 Resort Tourist
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District, shall be subject to the following requirements, which
shall be deemed to be conditions of the conditional use permit:
(a) Category VI landscaping shall be installed along any lot
line adjoining a residential or apartment district
without an intervening street, alley or body or water
greater than fifty (50) feet in width. The fencing
element of such landscaping shall not be less than six
(6) feet nor more than eight (8) feet in height.
Landscaping shall be maintained in good condition at all
times~
(b) The operation of such establishments shall not disturb
the tranquility of residential areas or other areas in
close proximity or otherwise interfere with the
reasonable use and enjoyment of neighboring property by
reason of excessive noise, traffic, overflow parking and
litterv~
(c) Operators of such establishments shall not allow
loitering or congregations of individuals in the parking
lot or other exterior portions of the premises, except
for areas in which the consumption of alcoholic beverages
is specifically permitted by the terms of the
establishment's Alcoholic Beverage Control license, and
shall keep all entrance and exit doors closed at all
times of operation, except when patrons, employees or
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other persons are entering or exiting the interior of the
establishment~; and
(d) Such establishments shall be required to implement any
other measures the city council deems necessary or
appropriate to minimize noise or other potential adverse
effects upon neighboring residential areas.
A violation of any of the aforesaid requirements shall be
grounds for revocation of the conditional use permit.
COMMENT
The amendment in Lines 48-49 strikes out the reference to the Virginia Code definition of
"alcoholic beverage" in light of the addition of the definition to Section 111 of the City Zoning
Ordinance. The amendments in Lines 77-79 clarify that doors may be open when persons are
entering or exiting the establishment. The amendment in Line 83 removes the limitation as to
residential areas.
Sec. 1501. Use Regulations (RT - i Resort Tourist District)
(a) Principal uses and structures:
(1) Except as provided in sections 1501(b) (2) and 1501 (b)
(4.1), hotels and motels, which may have in conjunction
with them any combination of restaurants, outdoor cafes,
retail commercial use and convention facilities, provided
that uses in conjunction with hotels and motels may not
occupy more than ten (10) percent of the floor area of
all structures (excluding parking) located on the lot,
subject to the following:
(i) The structure enclosing the uses permitted in
conjunction with hotels and motels shall be fully
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enclosed at all times by solid exterior walls and
roof with no exterior opening, other than
passage-way doors as may be required by the
Virginia Uniform Statewide Building Code;
(ii) Such enclosed structure shall be located entirely
within the same structure enclosing the principal
use; and
(iii) No entrances or exit to a use permitted in
conjunction with hotels and motels shall be located
on the side of the structure facing the boardwalk,
unless such entrance or exit provides access to a
courtyard or intervening open area, in which case
such open area shall be fully fenced or walled to a
height of at least four (4) feet and without any
entrances or exits facing the boardwalk. The only
exceptions to this condition apply to boardwalk
cafes as permitted by special regulations
established in franchise agreements approved by
city council.
(iv) Parking structures shall be permitted in
conjunction with hotels and motels provided that
ground level parking fronting Atlantic Avenue, the
boardwalk, or any public park or open space is
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prohibited except for necessary access drives and
ramps.
(b) Conditional uses and structures' Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof:
(2) Restaurants operated in conjunction with hotels or
motels and servinq alcoholic beveraqes where ~-~
of the following occur; provided, however, that
drive-through facilities shall not be permittedc
(i) Alcoholic beverages are served;
'::~ The est-~io
au~ -hment excludes persons on the
bao~= of age ~u=~ng any part of the day.
(4.1)
Retail sales of alcoholic beverages.
COMMENT
The amendments in Lines 134 to 139 change the existing ordinance by requiring a conditional
use permit for any restaurant in a hotel or motel in the RT - 1 Resort Tourist District which serves
alcoholic beverages, irrespective of whether or persons are excluded on the basis of age during any part
of the day. The amendment in Line 141 requires conditional use permits for all retail sales of alcoholic
beverages.
Sec. 1511. Use regulations (RT-2 Resort Tourist District).
(a) Principal uses and structures: For parcels less than
fourteen thousand (14,000) square feet in size, any one of the
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following is allowed; provided, however, that drive-through
facilities and sales of alcoholic beveraqes shall not be permitted
as a principal or accessory use'
(8) Eating and drinking establishments, except as specified
in subsection (c) (6);
(14) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs, provided that
alcoholic beveraqes may be served only by conditional use
permit; and
(17) Retail establishments, except as provided in section 1511
(c) (16.1), including the incidental manufacturing of
goods for sale only at retail on the premises; retail
sales and display rooms and lots, provided that yards for
storage of new or used building materials or yards for
any scrap or salvage operations or for storage or display
of any scrap, salvage or secondhand building materials or
automobile parts shall not be allowed, further provided
that adult bookstores shall be prohibited from locating
within five hundred (500) feet of any apartment or
residential district, single- or multiple-family
dwelling, church, park or school.
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For parcels greater than fourteen thousand (14,000) square feet,
any one of the following additional uses is allowed'
(19) Motels and hotels which may have in conjunction with them
any combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction
with hotels and motels may not occupy more than ten (10)
percent of the floor area of all structures (excluding
parking) located on the lot; provided, further, that
drive-through facilities shall not be permitted as a
principal or accessory use and that sales of alcoholic
beverages shall be permitted only by conditional use
permit.
For parcels greater than forty thousand (40,000) square feet, any
of the above permitted uses may be used in combination on the same
zoning lot with other permitted uses.
COMMENT
The effect of the amendments is to prohibit the sale of alcoholic beverages in the RT-2 Resort
Tourist District as a principal permitted (i.e., of-right) use. All such sales require a conditional use
permit under the provisions of subsection (c).
(b) Accessory uses and structures' Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that drive-
202 through facilities and sales of alcoholic beverages shall not be
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permitted as accessory uses:
COMMENT
TheamendmentsprohibitsalesofalcoholicbeveragesasanaccessoryuseintheRT-2Resort
TouristDistrict.
(c) Conditional uses and structures: Uses and .structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; provided, however, that except as set
forth in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use:
(6) Eating and drinking establishments where both of the
following occur;
(i) Alcoholic alcoholic beverages are servedT
(ii) m~_~= establishment excludes persons on the 'oasis of
age during any part of the day;
(13.8)
Private clubs, lodqes, social centers, eleemosynary
establishments and athletic clubs which serve alcoholic
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beverages;
(16.1) Retail sales of alcoholic beverages;
COMMENT
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The amendments change the existing ordinance by requiring a conditional use permit for aH
sales of alcoholic beverages in the RT - 2 Resort Tourist District, either for on - premises or off-
premises consumption.
Sec. 1521. Use regulations (RT-3 Resort Tourist District).
(a) Principal uses and structures' For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed; provided, however, that except as provided in
subdivision (5.5) of subsection (c), drive-through facilities shall
not be permitted in any portion of the district'
(9) Eating and drinking establishments, except as specified
in subsection (c) (6);
(15) Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs, provided that
alcoholic beveraqes may be served only by conditional use
permit;
(18) Retail establishments, except as provided in section 1521
(c) (16.1), including the incidental manufacturing of
goods for sale only at retail on the premises; retail
sales and display rooms and lots, provided that yards for
storage of new or used building materials or yards for
any scrap or salvage operations or for storage or display
of any scrap, salvage or secondhand building materials or
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automobile parts shall not be allowed, further provided
that adult bookstores shall be prohibited from locating
within five hundred (500) feet of any apartment or
residential district, single- or multiple-family
dwelling, church, park or school.
For parcels greater than twenty thousand (20,000) square feet, any
of the following additional uses are allowed and may be used in
combination with any of the permitted uses listed above:
(20) Motels and hotels which may have in conjunction with
them any combination of restaurants, retail commercial
use and convention facilities, provided that uses in
conjunction with hotels and motels may not occupy more
than ten (10) percent of the floor area of all structures
(excluding parking) located on the lot, and provided
further, that drive-through facilities shall not be
permitted as a principal use in any portion of the
district east of Arctic Avenue, south of Winston-Salem
Avenue and 4th Street, or north of 35th Street and that
sales of alcoholic beverages shall be permitted only by
conditional use permit.
(b) Accessory uses and structures' Uses and structures which
are customarily accessory and clearly incidental and subordinate to
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the principal uses and structures; provided, however, that drive-
through facilities and sales of alcoholic beverages shall not be
permitted as accessory uses:
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street-
(6) Eating and drinking establishments where both of the
following occur-
~ Alcoholic alcoholic beverages are served;
age during any part of the day;
COMMENT
The amendments change the existing ordinance by requiring a conditional use permit for all
sales of alcoholic beverages in the RT - 3 Resort Tourist District, either for on - premises or off-
premises consumption.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2003.
CA-8887
wmm\ordres \alcoholicbevordin. wpd
August 7, 2003
R-3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY'
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