DECEMBER 7, 2004 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOVIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. UUEY
CiTY CLERK - RUTH HODGES SMITH, MMC
7 DECEMBER 2004
Honor our Troops
Remember Pearl Harbor
I.
CITY MANAGER'S BRIEFINGS
Conference Room
A. Water and Sewer Aging Infrastructure and Rate Study
Thomas Leahy, Interim Director - Public Utilities
B. Redevelopment Strategy
Robert J. Scott, Director - Planning
II.
CITY COUNCIL LIASION REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
- Conference Room -
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VI.
FORMAL SESSION
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION: Major David Heller, Chaplin
First Landing Chapel - Fort Story
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAIL: Ctycncl@vbgov.com
1:30 PM
4:00PM
6:00 PM
c.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
H.
J.
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICA TION OF CLOSED SESSION
F.
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
November 23, 2004
G.
PUBLIC HEARINGS
1.
EXCESS CITY-OWNED PROPERTY
10th Street and Atlantic Avenue
2.
VIRGINIA BEACH SOUTH PARKING LLC
re Lease of 9th Street Parking Garage
3.
AGRICULTURAL RESERVE PROGRAM (ARP)
Barry D. and Paula Knight
Craig and Bonnie Talley
Dianna G. Conte and Patricia C. Ange
Craig C. and Susan L. Creamer
Head of River Road
Head of River Road
Baum Road
Head of River Road
PUBLIC COMMENT
1.
Marriott Hotel Term Sheet
I.
AGENDA FOR FORMAL SESSION
CONSENT AGENDA
K.
0 RD INAN CES/RESO L UTI 0 NS
1.
AMEND City Code:
a. §§2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department of Human Services
(1) Add §§ 2-319, 2-320, and 2-321
(2) Delete §§ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17,29-18,29-19,29-20,29-21,29.22 and 29-23
a. § 103, 104, 106, 107, 108 109 and 110 re Chesapeake Bay Preservation Area Board revisions to remain
in compliance with state regulations
b. § 31-1, 31-2.2, 31-26 31-28 and 31-33 re penalties for certain violations of collection of tree limbs and
debris from tree removal activity and ADD § 31-3.1
2.
Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) and the easements
thereon:
a. BARRY D and PAULA W. KNIGHT re the issuance by the City of its contract obligations in the
maximum principal of $236,589 at the Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
b. CRAIG and BONNIE TALLEY re the issuance by the City of its contract obligations in the maximum
principal of$146,766 at Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance by the City of its contract obligations in
the maximum principal of $180,684 at Baum Road
(DISTRICT 7 - PRINCESS ANNE)
d. CRAIG C. and SUSAN L. CREAMER re the issuance by the City of its contract obligations in the
maximum principal of $70,499 at Crags Causeway
(DISTRICT 7 - PRINCESS ANNE)
Ordinances to AUTHORIZE acquisition of property at Birdneck Road re the Resort Area maintenance facility
to ESTABLISH the Beach Maintenance facility and APPROPRIATE $1,609,262 from the fund balance for
this project
3.
4.
Ordinance re Cops Interoperable Communications Technology Grant:
a. ESTABLISH and DEVELOP a regional Interoperable Communications Network
b. ACCEPT and APPROPRIATE $6,000,000 from the U.S. Department of Justice
c. APPROPRIATE $363,500 from the fund balance of the E-911 Communications fund
d. TRANSFER $1,800,000 to the Communication InÍÌ'astructure Replacement
5.
Ordinance re School REVERSION FUNDS:
a.
APPRO RIA TE $18,276,602 within the Virginia Beach School FY 2004-05 Operating and FY 2004-05
Capital Budgets re:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
$1,500,00 to the Instructional Category for SOL Incentive funds for Schools
$5,000,000 to the School Instructional Technology fund re cyclical replacement of instructional
technology
$1,800,000 to Telecommunication Infrastructure Replacement
$3,155,888 re interior cameras for elementary schools, updated fire suppression units, digital
recorders to replace VCR's, sets of calculators, scanners for all schools, and musical
instrument repairs and replacement
$1,448,021 to the School Reserve Special Revenue Fund
$5,372,693 to RE-ESTABLISH the Alternative Education Facility Phase II
b. ACCEPT and APPROPRIATE $6,266,052 in additional grant funding to the Schools in the FY 2004-05
Operating Budget
(i)
(ii)
(iii)
(iv)
$3,868,455 ÍÌ'om the federal government
$2,369,585 from the state
$ 28,01 2 from other sources
$ 466,967 from the U.S. Department of Education Office for Safe and Drug Free Schools
Resolution CONCURRING with issuance by the Industrial Development Authority of the Town of Mount
Jackson, Virginia, of Bank qualified revenue bonds in an amount not to exceed $2,000,000 re Beth Sholom
Home of Eastern Virginia for their renovation, expansion and equipping a nursing home
6.
7.
Resolution re Town Center Phase III:
a.
AUTHORIZE the non-binding Term Sheet, dated December 7,2004 between the City, the Development
Authority and Town Center Associates, LLC
b. REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet,
authorizing its execution and AUTHORIZING the City Manager and the City Attorney, on behalf of the
Authority, to proceed with the development of supplemental documents necessary to implement the changes
to Phase II and Phase III as outlined in the Term Sheet
,- -
c. AUTHORIZE the City Manager and City Attorney to proceed with the development of supplemental
documents for the MODIFICATIONS to the Project as outlined in the Term Sheet
d. DIRECT the City Manager to return the final supplemental documents for approval by the City Council
AND the Authority and for authorization to execute the Phase III Support Agreement so that the Authority
can then proceed with the next phase of the Project
8.
Resolution AUTHORIZING the City Manager to:
a.
EXECUTE a Mutual Aid Agreement re Emergency Fire Protection Services with the City of
Chesapeake
b.
EXECUTE the Grant Application with the U.S. Department of Justice re equipment needed for
response to the use of weapons of mass destruction
L.
PLANNING
Ordinance to Amend and REORDAIN the City Zoning Ordinance (CZO) § 111,204, 1502, 1503, 1506 and
1507 re to the definition of the term "Lodging Unit," loading space requirements for certain lots, and
dimensional requirements, sign regulations, density regulations and desired design features and incentives in the
RT-l Resort Tourist District.
1.
APPROV AL
2.
RECOMMENDATION:
Applications of CITY OF VIRGINIA BEACH re the 9th and 10th Street Marriott Project:
a.
AUTHORIZE the non-binding Term Sheet, dated November 23, 2004, between the City, the
Development Authority and Tidewater Hotels and Resorts,
(i)
(ii)
(iii)
(iv)
(v)
REQUEST the Authority adopt a Resolution consistent with this Resolution approving the
Term Sheet, authorizing its execution
AUTHORIZE the City Manager to EXECUTE the Term Sheet on behalf of the City
AUTHORIZE assignment ofthe City's lease hold interest in parking spaces at the 9th Street
Parking Garage (now under lease) to the Development Authority: REQUEST the Authority
adopt a resolution accepting this assignment: and, AUTHORIZE the City Manager and the
City Attorney, on behalf of the City, to proceed with the development of the necessary
documents and appropriate evidence for this assignment
ESTABLISH a Capital Project for the 9th and lOth Street improvement and AUTHORIZE
and TRANFSER $1,324,882 from Economic Development Infrastructure Projects to create
these improvements, relocate the utility lines and construct new connector parks and public
accessways
AUTHORIZE the City Manager to execute documents necessary and appropriate to
implement the requirements of the project substantially as outlined in the Term Sheet
b.
discontinuance, closure, and conveyance of a portion of lOth Street at Atlantic A venue.
(DISTRICT 6 - BEACH)
AUTHORIZE a temporary encroachment to construct and maintain a paver pool deck, walkways, to
the bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony upon
the City's property for OCTO, INC. at 921 Atlantic Avenue.
(DISTRICT 6 - BEACH)
c.
RECOMMENDATION:
APPROVAL
4.
6.
3.
Application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.. for a Chanf!e of Zoning
District Classification from A-18 Apartment District to Conditional A-24 Apartment District at 1100 Indian
Road
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
Application of STEPHEN LETOURNEAU for a Conditional Use Permit to operate a small automobile paint
garage at 156A Chestnut Avenue.
(DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROVAL
5.
Application of THE TERRY COMPANIES FIVE, L.L.C. for a Conditional Use Permit for multi-family
dwellings on the north side of Shore Drive at its intersection with Cherry Tree Place and to the Chesapeake Bay
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
Application ofFRANCISCUS COMPANY, INC. for a Change ofZoninf! District Classification from R-I0
Residential District to Conditional A-12 Apartment District at Wesleyan Drive, and Diamond Springs Road
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROV AL
7.
Application of SAL TMEADOW BAY, L.L.C. for a MODIFICATION to the Land Use Plan (approved by
City Council on March 11,2003), to permit certain encroachments at Oakland Avenue, Oceanfront
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
M.
APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD (CP AB)
COMMUNITY POLICY and MANAGEMENT TEAM - CSA At Risk
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
RESORT ADVISORY COMMISSION
REVIEW and ALLOCIATION COMMITTEE [COG]
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non Agenda Items
**********************************
*********
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: Virginia Relay Center at
1-800-828-1120
***********
Agenda 12/07/04BLB
www.vbgov.com
**********************************
PUBLIC COMMENTS
Non Agenda Items
**********************************
*********
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: Virginia Relay Center at
1-800-828-1120
***********
Agenda 12/07/04BLB
www.vbgov.com
I.
CITY MANAGER'S BRIEFINGS
Conference Room
A. Water and Sewer Aging Infrastructure and Rate Study
Thomas Leahy, Interim Director - Public Utilities
B. Redevelopment Strategy
Robert J. Scott, Director - Planning
II.
CITY COUNCIL LIASION REPORTS
III.
CITY COUNCIL COMMENTS
IV.
REVIEW OF AGENDA ITEMS
1:30 PM
v.
INFORMAL SESSION
- Conference Room -
4:00PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO CLOSED SESSION
VI.
FORMAL SESSION
6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION: Major David Heller, Chaplin
First Landing Chapel - Fort Story
D.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
CERTIFICATION OF CLOSED SESSION
F.
MINUTES
1.
INFORMAL AND FORMAL SESSIONS
November 23, 2004
G.
PUBLIC HEARINGS
1.
EXCESS CITY-OWNED PROPERTY
10th Street and Atlantic Avenue
2.
VIRGINIA BEACH SOUTH PARKING LLC
re Lease of 9th Street Parking Garage
H.
PUBLIC COMMENT
1.
Marriott Hotel Term Sheet
I.
AGENDA FOR FORMAL SESSION
J.
CONSENT AGENDA
~----
PUBUC HEARING
DISPOSITION OF CITY PROPERTY
The Virginia Beach City Council will hold. a PUBUC HEARING on the
disposition of approximãtely g,O()O squàre feet of City owned property,
December 7,2004, at 6:00 p.m., in the' Council Chamber on the 2nd
Aoor ofS-the City Hal.[8uílding, Building #1, 2401 Courthouse Drive,
MunicipåJCenter, Virginia Beach, Virginia. The property is the portion
of the existing.ri.ght of way for 10th Street beginning at its intersection
with the eastem side of the Atlantic Avenue right of way and running
east to the terminus of 10th Street The purpose of this hearing will
be to obta.in public comment on the disposition of this property.
.. LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold. a PUBUC HEARING on. the
assignment to the Virginia. Beach Development Authority of the City's
interest in that Parking lease dated May 14, 1996 between VB/South
Parking. LLC. and tlIe City of Virginia Beach on December 7, 2004, at
6:00 p.m., in the Council Chamber on the 2nd Roor of the City Hall
Building. Building #1, 2401 Courthouse Drive, Municipal Center, Vir-
ginia Beadl, Virginia. The property is.the leased Portion of the parking
garage facility bounded on the north by 9th Street, on the east by
Atlantic Avenue.,.on,,1he south by 8th Street, and on the west by Pacific
Avenue. The purpose of this hearing will be to obtain public comment
on the assignment of the City's interest in this lease.
My questions concerning these matters shoulQ be directed. to the
Office of Real Estate, Room 170, Building #2 in the Virginia Beach
Municipal Center. The Real Estate Office telephone number is
427-4161. A map depicting the exact lõcationand'area of the subject
properties can be obtained from the.Real Estate Office.
If you are physically or visually impaired and need assistance at this
meeting, please cail the City Clerk's Office at 427-4303- Hearing
impaired, call Virginia Relay at 1-80o.s28-1120..
.a=!~/~
Ruth Hodges Smith, MMC
Cit'j Clerk
Beacon Nov. 28, 2004
12374886
NOTICE OF PUBLIC HEARING. ON THE EXECUTION AND DELIVERY
OF INSTALLMENT PURCHASE AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY
THE CITY OF VIRGINIA BEACH, VIRGINIA.
Notice is hereby given that the City Council of the City of Virginia
Beach, Virginia, will hold a Public Hearing with respect to the execu-
tion and delivery of Installment Purchase Agreements for the acquisi-
tion of agricultural land preservation easements with respect to proper-
ties located on Crags Causeway, Baum Road and Head of River Road,
in the City of Virginia Beach, Virginia, pursuant to Ordinance No,
95-2319, known as the Agricultural Lands Preservation Ordinance,
which establishes an agricultural reserve program for the southem por-
tion of the City designated to (a) promote and encourage the preserva-
tion of farmland, (b) preserve open spaces and the area's rural charac.
ter, (c) conserve and protect environmentally sens.itive resources, (d)
reduce and defer the need for major infrastructure improvements and
the expenditure of public funds for such improvements, and (e) assist
in shaping the character, direction and timing of community develop-
ment. Such easements wiH be purchased pursuant to Installment Pur-
chase Agreements for an estimated maximum aggregate purchase
price of $634,538. The City's obligation to pay the purchase price
under the Installment Purchase Agreements is a general obligation of
the City,and the full faith and credit and the unlimited taxing power of
the City will be irrevocably pledged to the punctual payment of the pur'
chase price and the interest on the unpaid principal balance of the
purchase price as and when the same respectively become due and
payable. The public hearing, which may be continued or adjoumed, will
be held by the City Council on December 7, 2004, at 6:00 p.m. in the
City Council Chamber located on the 2nd floor of the City Hall Building,
2401 Courthouse Drive, Virginia Beach, Virginia. Any person inter-
ested in this matter may appear and be heard.
CITY OF VIRGINIA BEACH, VIRGINIA
!J-r~/~
Ruth Hodges Smith, MMC
City Clerk
Beacon Nov. 21 & 28, 2004
12334412
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall,
Municipal Center, 2401 Courthouse Drive, Tuesday, December 7,
2004, at 6:00 p.m. The following applications will be heard:
DISTRICT 4 - BAYSIDE
1.
The Fra(lciscus Company, Inc. Application: Chan¡!e of Zonin¡! District
Classification from R-l0 Residential to Conditional A-12 Apartment on
the south side of Wesleyan Drive, 544.5 feet west of Diamond Springs
Road.(GPINS 14683417750000; -29760000; -07450000). The Com-
prehensive Plan designates this site as being part of the Primary Resi-
dential Area, suitable for appropriately located suburban residential
and non-residential uses consistent with the policies of the Compre-
hensive Plan. .
DIS]RICT 6 . BEACH
2.
CITY OF VIRGINIA BEACH
City of Virginia Beach Application: Discontinuance, closure, and con-
veyance of a portion of 10th Street, on the east side of Atlantic
Avenue and running in an easterly direction to its terminus.
3.
Saltmeadow Bay, L.L.C. Application: Modification to the Land Use Plan
approved by City Council on March 11, 2003 at the western extremity
of Oakland Avenue (GPIN 24187031540000). The Comprehensive
Plan identifies this area as being the Oceanfront Resort Area.
4.
Beach Club II Unit Owners' Association, Inc. Application: ChaMe of
?onin¡! District Classification from A-18 Apartment to Conditional A-24
Apartment at 1100 Indian Road (GPINS 24177368158640; -8660;
-8680; -8670; -8700; -8690; -8720; -8710; -8740; -8730; -8760;
-8750; .8780; -8770; -8800; -8790; .8820; -8810; -8840; -8830;
.8860; -8850; .8880; -8870; -8900; -8890; -8920; -8910; -8940;
-8930; -8960; -8950; -8980; -8970; -9000; -8990; .9020; -9010;
-9040; :9030: -9050; -9060; -9070; -9080; -9090; -9100; -9110;
-9120; -9130; -9140; -9150; .9160; .9170; -9180; -9190; -9200;
-9210; -9220; .9230;. -9240; -9250; -9260; -9270; -9280). The Com-
prehensive Plan identifies this area as being the Oceanfront Resort Area.
DISTRICT 3 - ROSE HALL
5.
Stephen Letourneau Application: Conditional Use Permit for an auto-
mobile repair garage at 156A Chestnut Avenue (GPIN
14874303930000).
CITY OF VIRGINIA BEACH
6.
CHESAPEAKE BAY ORDINANCE
Amend Sections 103,104, 106, 107, 108, 109, and 110 of the
Chesapeake Bay Preservation Area Ordinance of the City of Virginia
Beach.
CITY OF VIRGINIA BEACH - RT-l
7.
Amend and reordain Sections 111, 204, 1502, 1503, 1506 and 1507
of the City Zoning Ordinance, Pertaining to the Definition of the Term
"Lodging Unit," Loading Space Requirements for Certain Lots, and
Dimensional Requirements, Sign Regulations, Density Regulations and
Desired Design Features and Incentives in the RT-l Resort Tourist District.
DISTRICT 5 - LYNNHAVEN
8.
The Terry Companies Five, LL.C. Application: Conditional Use Permit
for multi-family dwellings on the north side of Shore Drive at its inter-
section with Cherry Tree Place and continuing in a westerly direction to .
the Chesapeake Bay (GPINS 14897971060000; 14898809070000; ¡
14898839890000; 14878920760000; 14898920050000).
All interested citizens are invited to attend.
r;.~4r/~
Ruth Hodges Smith, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are
on file and. may be examined in the Department of Planning. For
information call 4274621. .
If you are physically disabled or visually impaired and need assis-
tance at this meeting, please call the CITY CLERK'S OFFICE at
4274303.
Hearing impaired, call: TDD (TOO - Telephonic Device for the Deaf)
only call Virginia Relay at 1-800-828-1120.
The Planning Commission Agenda is available through the City's Inter-
net Home Page at http:/ /www.vb¡!ov.com/plannin¡!commission
Beacon Nov. 21 & 28, 2004 12334518
PUBLIC HEARING
DISPOSITION OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition of
approximately 9,000 square feet of City owned property, December 7,2004, at 6:00 p.m.,
in the Council Chamber on the 2nd Floor of the City Hall Building, Building #1, 2401
Courthouse Drive, Municipal Center, Virginia Beach, Virginia. The property is the
portion of the existing right of way for 10th Street beginning at its intersection with the
eastern side ofthe Atlantic Avenue right of way and running east to the tenninus of 10th
Street. The purpose ofthis hearing will be to obtain public comment on the disposition
of this property.
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING on the assignment to
the Virginia Beach Development Authority of the City's interest in that Parking Lease
dated May 14, 1996 between VB/South Parking. LLC. and the City of Virginia Beach
on December 7, 2004, at 6:00 p.m., in the Council Chamber on the 2nd Floor of the City
Hall Building, Building #1,2401 Courthouse Drive, Municipal Center, Virginia Beach,
Virginia. The property is the leased portion of the parking garage facility bounded on the
north by 9th Street, on the east by Atlantic Avenue, on the south by 8th Street, and on the
west by Pacific Avenue. The purpose of this hearing will be to obtain public comment on
the assignment of the City's interest in this lease.
Any questions concerning these matters should be directed to the Office of Real Estate,
Room 170, Building #2 in the Virginia Beach Municipal Center. The Real Estate Office
telephone number is 427-4161. A map depicting the exact location and area of the
subject properties can be obtained from the Real Estate Office.
If you are physically or visually impaired and need assistance at this meeting, please call
the City Clerk's Office at 427-4303. Hearing impaired, call Virginia Relay at
1-800-828-1120.
~~~
uth Hodges Smith, MMC
City Clerk
K.
0 RD INAN CES/RESO LUTI 0 NS
1.
AMEND City Code:
a. §§2-75, 2-316, 2-317 and 2-318 to ESTABLISH a Department of Human Services
(i)
Add §§ 2-319,2-320, and 2-321
(ii)
Delete §§ 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20, 29-21, 29-22 and 29-23
b. § 103, 104, 106, 107, 108 109 and 11 0 re Chesapeake Bay Preservation Area Board revisions to remain
in compliance with state regulations
c.
§ 31-1, 31-2.2, 31-26 31-28 and 31-33 re penalties for certain violations of collection of tree limbs and
debris from tree removal activity and ADD § 31-3.1
2.
Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) and the easements
thereon:
a. BARRY D and PAULA W. KNIGHT re the issuance by the City of its contract obligations in the
maximum principal of $236,589 at the Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
b. CRAIG and BONNIE TALLEY re the issuance by the City of its contract obligations in the maximum
principal of $146,766 at Head of River Road
(DISTRICT 7 - PRINCESS ANNE)
c. DIANNA G CONTE and PATRICIA C. ANGE re the issuance by the City of its contract obligations in
the maximum principal of $180,684 at Baum Road
(DISTRICT 7 - PRINCESS ANNE)
d. CRAIG C. and SUSAN L. CREAMER re the issuance by the City of its contract obligations in the
maximum principal of $70,499 at Crags Causeway
(DISTRICT 7 - PRINCESS ANNE)
3.
Ordinances to AUTHORIZE acquisition of property at Birdneck Road re the Resort Area maintenance facility
to ESTABLISH the Beach Maintenance facility and APPROPRIATE $1,609,262 from the fund balance for
this project
4.
Ordinance re Cops Interoperable Communications Technology Grant:
a. ESTABLISH and DEVELOP a regional Interoperable Communications Network
b. ACCEPT and APPROPRIATE $6,000,000 from the U.S. Department of Justice
c. APPROPRIATE $363,500 from the fund balance of the E-911 Communications fund
d. TRANSFER $1,800,000 to the Communication Infrastructure Replacement
5.
Ordinance re School REVERSION FUNDS:
a.
APPRORIA TE $18,276, within the Virginia Beach School FY 2004-05 Operating and FY 2004-05 Capital
Budgets re:
(i)
$1,500,00 to the Instructional Category for SOL Incentive funds for Schools
(ii)
$5,000,000 to the School Instructional Technology fund re cyclical replacement of instructional
technology
(iii)
$1,800,000 to Telecommunication Infrastructure Replacement
(iv)
$3,155,888 to re interior cameras for elementary schools, updated fire suppression units,
digital recorders to replace VCR's, sets of calculators, scanners for all schools, and musical
instrument repairs and replacement
(v)
$1,448,021 to the School Reserve Special Revenue fund
(vi)
$5,372,693 to RE-ESTABLISH the Alternative Education Facility Phase II
b. ACCEPT and APPROPRIATE $6,266,052 in additional grant funding to the Schools in the FY 2004-05
Operating Budget
(i)
(ii)
(iii)
(iv)
$3,868,455 from the federal government
$2,369,585 from the state
$ 28,012 from other sources
$ 466,967 from the U.S. Department of Education Office for Safe and Drug Free Schools
6.
Resolution CONCURRING with issuance by the Industrial Development Authority of the Town of Mount
Jackson, Virginia, of Bank qualified revenue bonds in an amount not to exceed $2,000,000 re Beth Sholom
Home of Eastern Virginia for their renovation, expansion and equipping a nursing home
7.
Resolution re Town Center Phase III:
a.
AUTHORIZE the non-binding Term Sheet, dated December 7,2004 between the City, the Development
Authority and Town Center Associates, LLC
b. REQUEST the Authority adopt a Resolution consistent with this Resolution approving the Term Sheet,
authorizing its execution and authorizing the City Manager and the City Attorney, on behalf of the Authority,
to proceed with the development of supplemental documents necessary to implement the changes to Phase n
and Phase ill as outlined in the Term Sheet
c. AUTHORIZE the City Manager and City Attorney to proceed with the development of supplemental
documents for the MODIFICATIONS to the Project as outlined in the Term Sheet
d. DIRECT the City Manager to return the final supplemental documents for approval by the City Council
AND the Authority and for authorization to execute the Phase III Support Agreement so that the Authority
can then proceed with the next phase of the Project
8.
Resolution AUTHORIZING the City Manager to:
a.
b.
EXECUTE a Mutual Aid Agreement re Emergency Fire Protection Services with the City of
Chesapeake
EXECUTE the Grant Application with the U.S. Department of Justice re equipment needed for
response to the use of weapons of mass destruction
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Amend the City Code To Establish a Department of
Human Services
MEETING DATE: December 7,2004
. Background: In February, 2004, the Department of Social Services and the
Department of Mental Health, Mental Retardation and Substance Abuse
Services were consolidated, along with the Juvenile Detention Center. The
proposed ordinance will align the Virginia Beach City Code with the current
organizational structure.
. Considerations: The existing language in the City Code speaks to the
Departments of Social Services and Mental Health/Mental
Retardation/Substance Abuse Services. The City Code should reflect the new
the consolidation of these departments into the new Department of Human
Services.
. Public Information: The proposed ordinance reflects organizational changes
implemented by the City Manager and discussed by City Council during the FY
05 budget discussions. The proposed ordinance will also be publicized as part
of the City Council's agenda.
. Recommendation: Approval of the proposed ordinance.
Attachments: Ordinance
Recommended Action: Adoption /)
Submitting DepartmentJA~e~cy: Department Of Human Services ,;/t.£Lt..n
City Manager:~ ~, ~ ~ U
~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND THE CITY CODE
ESTABLISH A DEPARTMENT OF HUMAN SERVICES
TO
SECTIONS AMENDED:
SECTIONS ADDED:
SECTIONS DELETED:
§§ 2-75, 2-316, 2-317 and 2-318
§§ 2-319, 2-320, and 2-321
§§ 29-1, 29-2, 29-3, 29-4, 29-16,
29-17, 29-18r 29-19, 29-20,
29-21, 29-22 and 29-23
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-75, 2-316 and 2-318 are hereby amended
16
and re-ordained,
2-320 and 2-321 are added and
Sections 2-319,
17
Sections 29-1, 29-2, 29-3, 29-4, 29-16, 29-17, 29-18, 29-19, 29-20,
18
29-21, 29-22 and 29-23 are hereby deleted.
19
Chapter 2 Administration
20
Officers and Employees Generally
Article III.
21
Section 2-75
22
23
24
25
Service divided into nonmerit and merit services; composition of
nonmerit service.
(a)
The service of the city is divided into nonmerit service
26
and merit service.
27
The nonmerit service shall consist of:
(b)
28
Members of the city council and all other elected
(1)
29
officials or persons appointed to fill vacancies in
30
elective offices.
31
chief
(2)
city
chief
of
staff,
The
manager,
the
32
financial officer, chief operating officer, chief
33
information officer, assistants to the city manager
1
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(3 )
( 4 )
( 5)
(6)
(7 )
(8 )
ill
ill
and all heads of departments or offices who are
appointed by the city manager.
Constitutional officers and their employees.
All appointees of the citý council.
Employees of the health department.
Employees of the school board.
Judges and associate judges of the circuit courts,
general district courts and juvenile and domestic
relations district courts,
and employees of such
courts.
Employcco of ooci~l ocrvicco.
#t-
Employees
of
the
agriculture
department
compensated by the state.
-B{t1-
The
general
regis~rar
and
all
assistant
registrars.
JlQl ~ Employees of juvenile probation.
l!!l ~ Members of boards and commissions.
(12) ~ Any individual whose relationship with the city
arises from or under any express contractual agreement to
53
which such individual is a party or whose position is
54
created by such contract.
55
56
57
58
Comment
The existing reference to the social services department is eliminated. (Social Services
employees had been treated as merit employees prior to the consolidation of the two departments.)
2
58
59
Article XI.
Dcpartmen t of Þkn tal Heal th , Men tal Rctarda tion and
Subotance Abuoe Ser~icco
60
Sec. 2 316.
Created; compooition.
61
There
io hereby cre.::lted .::l dep.::lrtment of ment.::ll he.::ll th,
ment.::ll
62
ret.::lrd.::ltion .::lnd oubot.::lnce .::lbuoe oerviceo, .¡hich oh.::lll conoiot of .::l
63
director .::lnd ouch other officero .::lnd employeeo .::lO ffi.::lY be provided
64
by the councilor by the ordero of the city m.::ln.::lger or director
65
conoiotent there~ith.
66
Sec. 2 317.
Functiono.
67
The dep.::lrtment of ment.::ll he.::llth, ment.::ll ret.::lrd.::ltion .::lnd oubot.::lnce
.::lbuoe oerviceo oh.::lll be reoponoible for the eJrercioe of .::lll ment.::ll
68
69
he.::llth, ment.::ll ret.::lrd.::ltion .::lnd oubot.::lnce .::lbuoe functiono impooed on
municip.::llitieo by gener.::ll l.::l~ .::lnd oh.::lll h.::lve ouch other po~ero .::1nd
70
71
dutieo .::10 m.::lY be .::looigned by the council.
~ppointment, po~ero .::1nd dutieo of director.
72
Sec. 2 318.
73
The director of the dep.::lrtment of ment.::11 he.::11th, ment.::11 ret.::lrd.::ltion
.::1nd oubot.::lnce .::lbuoe oerJ'iceo oh.::lll be the eJrecuti ve director of the
74
75
communi ty oerviceo bo.::lrd, '.¡ho oh.::lll be .::1ppointed in .::lccord.::1nce <,:i th
oection 37.1 197(B) (6) of the Code of Virgini.::1. The director oh.::111
76
77
h.::l~v~e
gener.::11
.::1nd
control
of
the
oe~Jer.::11
bure.::1uo,
ffi.::1n.::1gement
78
divioiono .::lnd other unito of the dep.::lrtment .::1nd oh.::lll h.::lve .::111 the
79
po',/ero .::1nd dutieo, '.;hich .::1re conferred by the community oerviceo
80
bo.::1rd.
81
3
100
101
102
103
104
105
106
107
108
81
82
83
84
85
86
Comment
The existing references to the department of mental health, mental retardation and substance
abuses services are deleted.
87
DEPARTMENT OF HUMAN SERVICES
ARTICLE XI.
88
Sec. 2-316.
Created; composition.
89
There is hereby created a department of human services, which shall
90
consist of a director and such other officers and employees as may
91
be provided by the councilor by the orders of the city manager or
92
director consistent therewith.
93
94
95
96
97
98
Comment
The department of human services is established. It will peñorm the duties previously assigned
to the social services department and the mental health, mental retardation and substance abuse
services department.
99
Sec. 2-317.
Appointment, powers and duties of director.
The director of the department of human services shall be the
executive director of the community services board, who shall be
appointed in accordance with section 37.1-197(B) (6) of the Code of
Virginia. The director shall have general management and control of
the several divisions, bureaus and other units of the department,
including the juvenile detention center, and shall have all the
powers and, duties that are conferred by the community services
board.
4
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
Sec. 2 - 318 . Es tablishmen t and responsibilities of di vi sion of
social services.
There
is
established,
within
department
of
human
the
hereby
services, the division of social services, which shall consist of
such officers and employees as may be provided by ordinance or by
orders or directives consistent therewith.
This division shall be
responsible
for the exercise of all
social
services
functions
imposed on municipalities by general law.
COMMENT
A social services division is erected to perform the duties previously assigned to the social services
department.
Sec. 2-319 Establishment and responsibilities of division of
mental health, mental retardation and substance abuse services.
There
is
established,
within
department
of
human
the
hereby
services, the division of mental health, mental retardation and
substance abuse services, which shall consist of such officers and
employees
be
provided
ordinance
by
orders
or
by
or
as
may
directives
therewith.
This
.
division
be
shall
consistent
responsible
the
exercise
all
mental
health,
mental
of
for
retardation
abuse
services
functions
imposed on
and
substance
municipalities
law
provide
services
in
by
general
and
such
coordination with the community services board.
Comment
A mental health, mental retardation and substance abuse services division is established to
perform the duties previously assigned to the mental health, mental retardation and substance abuse
services department.
5
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
Sec. 2-320.
welfare.
Designation and duties of local board of public
Pursuant to section 63.2-304 of the Code of Virginia, the director
of human services is hereby designated as and shall constitute the
local board of public welfare. The dire~tor shall discharge the
duties and functions of such boards as imposed by title 63.2 of the
Code of Virginia.
Comment
State law provides that a local government official may be designated to serve as the
local board of public welfare.
Sec. 2-321. Creation of social services advisory board; general
function; powers and duties.
(a)
There is hereby created a social services advisory board
for the city, which shall consist of five (5) members appointed by
the city council. The director of human services shall be an ex
officio memberr without any voting privileges.
(b)
The board
shall
in an advisory capacity to
the
act
director of human services with respect to the duties and functions
imposed by title 63.2 of the Code of Virginia.
(c) The powers and duties of the board shall be as enumerated
in section 63.2-305 of the Code of Virginia.
Comment
When a local government official has been designated to serve as the local board of
public welfare, state law requires that an advisory board must be created. The Social Services
Advisory Board shall consist of five members appointed by the City Council, as well as the
director of human services, who shall serve as an ex officio member.
6
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
ARTICLE I.
IN CE1TERAL
Soc. 29 1.
ser....-icc:3 .
Establiobmont and compo:3ition of department of aocial
There ~h~ll be ~ dep~rtment of ~oci~l ~er7ice~ uhich ~h~ll con~iot
of the director of ~oci~l ~erJiceo ~nd .ouch other officer~ ~nd
employee~, org~nized in ouch bure~u~, di~i~ion~ ~nd other unit~, ~~
m~y be provided by thi~ Code or other ordin~nce~ of the city or by
the order~ of the director conoi~tent there~ith.
Soc.
29 2.
Ccncral powor:3
and dutie:3
of diroctor
of
:3ocial
lJer.....ico:3 .
Subject to the l~\;o of the ot~te rel~ting to public ~ooiot~nce, the
director
ooci~l
~h~ll h~7e
gener~l m~n~gement
~nd
of
oerviceo
control of the ~e7er~1 bure~uo, di7ioiono ~nd other unite of the
dep~rtment of ooci~l ~erviceo, including the m~king of rule~ ~nd
regul~tiono, conoiotent ,:ith the Ch~rter ~nd the ordin~nceo of the
city, for the conduct of ita buoineoo.
Scc. 29 3. Do:3igBation and power:3 of citY':3 authorizin§ a§ent for
àctermination of cli§ibility of per:3on fer hospitalization at
public expon:3e.
Purou~nt to the pro7i~iono of ~ection 63.1 139 of the Code of
Virgini~, the director of ooci~l oer7iceo, or the parDon ~cting for
the director in the director'~ ~boence, io hereby deoign~ted ~nd
~ppointed the
~uthorizing
the
city to
determine
the
~gent
of
eligibility of peroono for hoopit~liz~tion to be furni~hed ,:holly
or in p~rt ~t public expen~e.
Such ~uthorizing ~gent i~ hereby
empo.¡ered to c~rry out the pro7ioion~ of ch~pter : of title 63.1 of
7
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
the Code of Virgini~, .¡hich ch~pter pert~ino to the hoopit~liz~tion
~nd tre~tment of indigent peroono.
Sec.
29 4.
Deaignation and dutiea
of local board of public
welfare.
rurou~nt to oection 63.1 13 of the Code of Virgini~, the director
of ooci~l oer7iceo io hereby deoign~ted ~nd oh~ll conotitute the
loc~l bo~rd of public Helf~re. The director oh~ll dioch~rge the
dutieo ~nd functiono impooed upon him by title 63.1 of the Code of
Virgini~.
ARTICLE II.
SOCIAL SERVICES ADVISORY BOARD
Sec. 29 16.
Definition.
lì.o uoed in thio ~rticle, the term "bo~rd" me~no the ooci~l oer7iceo
~d~ioory bo~rd cre~ted by thio ~rticle.
See. 29 17.
Created.
There io hereby cre~ted ~ ooci~l oer~iceo ~d7ioory bo~rd for the
city.
Sec. 29 18.
Campoaition; appointment of mcmbera.
The bo~rd oh~ll conoiot of fi~e (5) membero ;¡ho oh~ll be ~ppointed
by the city council. The director of ooci~l oer7iceo oh~ll be ~n eE
officio member, '.:i thout ~ny 7oting pri 7ilegeo.
See. 29 19.
Te~a of mcmècra; l~itation on acr~ice.
(~)
Initi~lly,
membero
of
the
bo~rd
oh~ll
be
~ppointed
for
à ~ There~fter, membero oh~ll be ~ppointed for termo
ot~ggere ermo.
fl ~ th~t ~ppointmento to fill 7~c~ncieo
of four (4) ye~ro e~c , e1ccep
8
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
oh.:lll be for the une]{pired term:J. l'.ppointmento :Jh.J.ll be m.J.de on the
firot d.J.Y of July of e.J.oh ye.J.r for pooitiono th.J.t termin.J.ted .J.t the
end of the prior ye.J.r.
(b)
No per:Jon oh.J.ll :Jer;e .J.O .J. member of the bo.J.rd for more th.J.n
t~o (2) conoecuti~e terma.
Sec. 29 20.
Election of chairman and ~ice chairman; quorum.
The bo.J.rd oh.J.ll elect ita o~n ch.J.irm.J.n. The bo.J.rd oh.J.ll elect ito
o~;n vice ch.J.irm.J.n ohould it deem ouch neceoo.J.ry. ~ m.J.jority of the
mernbero of the bo.J.rd preoent :Jh.J.ll con:Jtitute .J. quorum for the
tr.J.n:J.J.ction of bu:Jine:J:J.
Sec. 29 21.
Meetingt).
The bo.J.rd oh.J.ll meet .J.t le.J.:Jt bimonthly. In .J.ddition to regul.J.rly
:Jcheduled meetingo, the bo.J.rd m.J.Y meet .J.t the o.J.ll of the ch.J.irm.J.n
or on petition of one h.J.lf (1/2) of it:J meHlbero.
Sec. 29 22.
Ceneral function.
The bo.J.rd oh.J.ll .J.ct in .J.n .J.d~ioory c.J.p.J.city to the director of
ooci.J.l :Jer~iceo ~:ith re:Jpect to the dutieo .J.nd function:J impo:Jed
upon him by title 63.1 of the Code of Virgini.J..
Sec. 29 23.
Powers and dutiet).
The po',:ero .J.nd dutie:J of the bo.J.rd :Jh.J.ll be .J.:J enumer.J.ted in
:Jection 63.1 43.1 of the Code of Virgini.J..
Comment
The existing provisions of chapter 29 are deleted. The provisions are now contained in City
Code §§ 2-318, 2-320, 2-321, and 2-322.
9
249
250
251
252
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this
day of
, 2004.
CA-9152
OID/ordres/Human Services Ord.doc
R8 -
November 23, 2004
APPROVED AS TO CONTENTS:
AMtuJ) ¡J~
City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
6o¿pcçr.
10
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Amendments to the Chesapeake Bay Preservation
Area Ordinance
MEETING DATE: December 7,2004
.
Background:
An Ordinance to amend Sections 103, 104, 106, 107 108, 109, 110 of the
Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach.
.
Considerations:
In May 2004, the Chesapeake Bay Local assistance Board (CBLAB) found the
City to be in compliance with the requirements of the State Regulations in regard
to the Chesapeake Bay preservation Area Ordinance with minor revisions as
detailed in the "Comment" sections of the attached ordinance draft. These
revisions must be adopted as part of the ordinance to ensure that the
Chesapeake Bay Preservation Area Ordinance is in compliance with the State
Regulations.
The Planning Commission placed this item on the consent agenda because the
amendments are necessary to ensure compliance with state regulations, Staff
recommended approval, and there was no opposition.
.
Recommendations:
The Planning Commission passed a unanimous motion by a vote of 11-0 to
approve the amendments.
.
Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
$ubmitti ng Department/Agency: Planning Department~
City Manager: r~' en &'I"l.-
...
....
",",
¡.~
Y¡;...
~...
~";::'
~Z:.'
:>.J
;; . ;
~¿;
"::j
;~J
CITY OF VI RGI N IA BEACH
Agenda Item # 11
November 10, 2004 Public Hearing
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
An Ordinance to amend Sections 103,104,106,107,108,109,110 of the Chesapeake
Bay Preservation Area Ordinance of the City of Virginia Beach.
In May 2004, the Chesapeake Bay Local assistance Board (CBLAB) found the City to
be in compliance with the requirements of the State Regulations in regard to the
Chesapeake Bay preservation Area Ordinance with minor revisions as detailed in the
"Comment" sections of the attached ordinance draft. These revisions must be adopted
as part of the ordinance.
Staff recommends approval of the amendments. The amendments are "housekeeping"
in nature and will bring the City into full compliance with the Chesapeake Bay Local
Assistance Board.
CITY OF VIRGINIA BEACH
Agenda Item 11
Page 1
1
2
3
4
AN ORDINANCE TO AMEND SECTIONS 103, 104, 106,
107, 108, 109 and 110 OF THE CHESAPEAKE BAY
PRESERVATION AREA ORDINANCE OF THE CITY OF
VIRGINIA BEACH
5
6
7
SECTION AMENDED: Chesapeake Bay Preservation
Area Ordinance (City Code Appendix F) Sections
103, 104, 106, 107, 108, 109 and 110
8
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10
BEACH, VIRGINIA:
11
That Sections 103,
109 and 110 of the
106,
107,
108,
104,
12
Chesapeake Bay Preservation Area Ordinance are hereby amended and
13
reordained, to read as follows:
14
15
See. 103.
Definitions.
16
The following words and terms used in this ordinance shall
17
have the following meanings, unless the context clearly indicates
18
otherwise.
19
. . . .
20
¡'{z;¿ tcrbodico ¡Ii th pcrcnniz;¿l flm.'. Any '..T.J.ter body depicted .J.O
21
perenni.J.l b.J.oed upon (i) the moot recent U.C. Ceologic.J.l Curvey 7
22
1/2 minute topogr.J.phic qu.J.dr.J.ngle ffi.J.p(oc.J.le 1.21,000), or (ii) uoe
23
of
ocientific.J.lly
of
in field
indic.J.toro
of
~vT.J.l id
oyotem
.J.
24
perenni.J.l flm; fR.J.de or confirmed by the City H.J.n.J.ger.
25
. . . .
26
COMMENT
27
28
29
30
In May 2004, the Chesapeake Bay Local Assistance Board (CBLAB) found the City to be in
compliance with the requirements of the State Regulations in regard to the Chesapeake Bay
Preservation Area Ordinance with the following minor revisions.
1
31
32
33
34
35
36
37
38
39
40
41
42
43
In this amendment, no definition was required, so it was removed.
Sec. 104. Areas of Applicability.
. . . .
(D) The Chesapeake Bay Preservation Area Map shall delineate
the general locations of Resource Protection Areas and Resource
Management Areas.
The City Manager shall have the final authority
in cases of uncertainty to determine the extent of Chesapeake Bay
Preservation Areas by application of the criteria set forth in this
section.
Site-specific determination shall be made by or confirmed
by the City for all proposed development.
44
COMMENT
45
46
47
48
This amendment clears up any ambiguity that may exist and makes clear that the City has
the final determination for the extent of the Resource Protection Areas, through site-specific
determinations.
49
50
Sec. 106. Perfo~ance standards.
51
. . . .
52
A.
General
performance
standards
for
development
and
53
redevelopment. Except as otherwise provided herein, the
54
following standards shall apply to all development and
55
redevelopment
in both
Protection Areas
and
Resource
56
R,=source
Management
Areas
of
the
Chesapeake
Bay
57
Preservation Area:
58
59
(7 )
critcri.::l
for
dcv~c I opmcn t
Ctorm'.J.::ltcr
m.::ln.::lgcfficnt
2
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
oh:Ül
redc.Tlopment.
Stormwater
the
water
etpply
to
etny
3-20-71
et.
management
criteria
with
Management
Regulations (4 VAC 3-20)
shall be satisfied.
The
development
be
allowed
in
consistent
quali ty protection provisions
( 4 VAC
following stormwater management options shall be
may
Protection Area only if such development
Seq. )
Virginia
Stormwater
of
the
deemed
comply
such
criteria
and
to
with
management
which
shall
regulations:
(b)
with
stormwater
by
the
the
Compliance
program
adopted
the
City,
Quality
the
by
include
permit
issued
to
storm
sewer
a
VPDES
system discharges that has been reviewed and
dependent,
(ii) constitutes redevelopment,
(a)
Department
of
Environmental
City
for
municipally-owned
found by the Btette Wetter Control Chesapeake
A water quality impact
assessment
its
Bay Local Assistance Board to achieve water
quality protection equivalent to that required
by this subsection; and
(B)
Development criteria for Resource Protection Areas.
(1)
Land
3
the
Resource
(i)
is water
(iii) .
in accordance
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
(5)
102
103
104
105
106
107
108
109
(e)
with Section 110(C) 107(C) of this ordinance shall
be required for any proposed land disturbance. .
Flood control and stormwater management facilities
that drain or treat water from multiple development
projects
from
significant
portion
of
a
or
a
watershed may be allowed in Resource Protection
Areas, provided that:
3.
The facility is consistent with a stormwater
management program approved by the Dcp~rtmcnt
of Bnvironmcnt~l Qu~lity Chesapeake Bay Local
Assistance Board as a Phase I modification to
the City's program;
Permitted modifications in the buffer area.
(b)
On agricultural lands, the agricultural buffer area
shall be managed to prevent concentrated flows of
surface water from breaching the buffer area, and
appropriate
be
to
prevent
taken
measures
may
noxious
weeds
invading
buffer
area.
the
from
Agricultural
activities
encroach
the
may
into
buffer area as follows:
4
110
111
4.
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
If opeeifie problema ~re identified pert~ining
to ~grieultur~l ~ctivitieo th~t ~re c~uoing
pollution
of
the
ne~rby
.,J~terbody
',;i th
perenni~l
flm;
viol~te
perform~nce
or
ot~nd~rdo pert~ining to the veget~ted buffer
~re~, the City,
in cooper~tion ~ith Virgini~
D~re
£oil
~nd W~ter
Conoerv~tion Diotrict,
oh~ll recommend ~ compli~nce ochedule to the
l~ndo..;ner
~nd
require
problema
be
the
to
corrected conoiotent ~ith th~t ochedule. Thio
ochedule
oh~ll
~xpedite
en~v?ironment~l
protection
.,Jhile
t~Jcing
into
the
~ccount
oe~oono ~nd other tempor~l conoider~tiono 00
th~t
the
probability
for
oucceoofully
implementing
the
correcti ~v?e
io
me~oureo
gre~teot.
5.
In c~oeo ..;here the l~ndmmer or hiD ~gent or
oper~tor
h~o
refuGed
~ooiot~nce
from
the
Virgini~
£oil
Conoerv?~tion
~nd
W~ter
D~re
Diotrict
in
complying
',:i th
documenting
or
compli~nce \;ith the ~gricultur~l requiremento
of thio ordin~nce, the Diotrict oh~ll report
the noncompli~nce to the Ci ty H~n~ger.
The
Ci ty Þ1~n~ger ohall require the l~ndmmer to
5
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
correct the problem~ ~ithin ~ opecified period
of time not to exceed eighteen
(18 )
montho
from
the
initi:Ü
notific~tion
of
the
deficiencieo
the
l~ndo'y;ner .
The
City
to
Þbn.J.ger,
cooper.J.tion ~ith
the
Diotrict,
In
oh.J.ll recommend .J. compli.J.nce ochedule to the
l.J.ndo',;ner.
Thio
ochedule
oh.J.ll
expedite
environment.J.l
protection
'y¡hile
taking
into
.J.ccount
the
.J.nd
other
tempor.J.l
oe.J.oono
conoider.J.tiono
th~t
the
prob~bility
for
00
oucceoofully
implementing
correcti ~vT
the
me.J.oureo io gre.J.teot.
6.
quality
impact
assessment.
A
water
Water
quality impact assessment shall be required
for any proposed land disturbance, development
or
redevelopment
within
the
Resource
Protection Area consistent with this Section
and for any other development in Chesapeake
Bay Preservation Areas that may warrant such
assessment
because
of
the
unique
characteristics of the site or intensity of
the proposed use or development.
COMMENT
The first sentence of A (7) (lines 59-60) has been removed.
On lines 75-76 and 95-96, CBLAB has assumed the authority for the functions referenced
from the DEQ and the State Water Control Board.
6
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
On line 85, the reference to Section 107 has been changed to Section 110.
The deleted sections (lines 111-146) are not required to be part of the revisions, so they have
been deleted.
For clarification, "development" (line 149) is added to the land disturbing activities that will
trigger the requirements for a water quality impact assessment.
Sec. 107. Plan of development process.
(B)
Administrative
of development process.
variance plan
Except
otherwise
herein,
plan
of
as
provided
the
development
development
or
for
any
use,
process
redevelopment
Chesapeake
Preservation Area
in
a
Bay
requiring an administrative variance shall consist of a
site plan meeting the applicable requirements of the Site
Plan Ordinance (Appendix C), unless deemed unnecessary by
the City Manager,
whi ch shall
contain the plans
and
information identified below:
(10)
Identification of the Resource Protection Area.
( C)
Water Quality impact assessment.
A water quality impact assessment shall be required (i)
for
land
disturbance,
development
or
use,
any
redevelopment within a Resource Protection Area;
COMMENT
For clarification, a requirement to add the RP A identification to the plan submitted for an
administrative variance was added (line 183).
7
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
For clarification, "land disturbance" (line 187) is added to the activities that will trigger the
requirements for a water quality impact assessment.
Sec. 108. Nonconforming buildings and structures.
(A)
Any use, building or structure which lawfully existed on
the
date
of
adoption of
this
ordinance
and which
is
in
not
conformity
with
of
the
provisions
of
this
any
one
or
more
ordinance, and any use, building or structure which lawfully exists
on the date of adoption of any amendment to this ordinance and
which is not in conformity with such amendment,
shall be deemed
nonconforming.
(B)
Nothing in this Section shall be construed to prohibit
the reconstruction or restoration of any nonconforming building or
structure which is destroyed or damaged by reason of casualty loss,
provided that the area encompassed by such building or structure,
as reconstructed or restored, is not extended or enlarged.
( C)
A principal structure on a legal nonconforming lot may be
expanded under the Administrative Variance procedures of Section
110(B) of this ordinance provided that:
(1) There is no net increase in nonpoint source pollutant
load; and
(2) Any development or land disturbance exceeding 2,500
square
feet
complies
with
all
erosion
and
sediment
control requirements.
COMMENT
This amendment clarifies the requirements for the expansion to an existing principal
structure.
8
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
Sec. 109. Exemptions.
(A)
Exemptions for public facilities.
(1 )
. Exemptions for public roads shall also be subject to the
following conditions:
( a)
and
The
road
alignment
are
optimized
and
design
consistent with other applicable requirements to prevent
or otherwise minimize
(i)
encroachments into Resource
Protection Areas
(ii)
on
water
effects
adverse
and
quality.
(b)
Such appurtenant structures shall include, but are not
limited to,
guard rails,
dr;:¡,in;:¡,gc
bridges,
cuI ~v~crto,
f;:¡,cilitico, lighting and traffic-control devices, fences
and berms.
COMMENT
The deleted facilities are more clearly defined as stormwater facilities.
Sec. 110. Variances.
(B) Administrative variances. . .
. Administrative variances maybe
granted only for uses, development or redevelopment described in:
(1 )
Section 106 (B) (2)
passive recreation
for water wells,
facilities and historic preservation and archaeological
activities;
(2 )
Section 106(B) (4) for lots recorded prior to October 1,
9
246
247
248
249
250
251
252
253
254
255
256
257
258
1989 or between October 1, 1989 and January 1, 2004 where
application of the buffer requirement would result in the
loss of a buildable lot and meet the criteria enumerated¡
(3 )
Section 106(B)
(5) for sight lines, access paths, general
woodlot management and best management practices¡ and
(4)
Section 108
for additions to nonconforming principal
structures.
COMMENT
For clarification, the word "principal" is added to make clear an administrative variance
can only be for an addition to a nonconforming principal structure.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ---- day of
, 2004.
CA-9307
OIDjordersjproposedjchesbayrevord2.doc
R2
October 8, 2004
APPROVED AS TO CONTENTS:
~ to,(2--ð 4
Planni~Department
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's
10
Item #11
City of Virginia Beach - Chesapeake Bay Ordinance
An Ordinance to amend Sections 103, 104, 106, 107, 108, 109, and 110 of the
Chesapeake Bay Preservation Area Ordinance of the City of Virginia Beach
November 10, 2004
CONSENT
William Din: The next item is Item #11. This is the City of Virginia Beach-
Chesapeake Bay Ordinance. This ordinance is to amend Sections 103, 104, 106, 107,
108,109 and 110 of the Chesapeake Bay Preservation Area Ordinance of the City of
Virginia Beach. Mr. Scott is the City's representative. Is there any objection to placing
this on consent?
Robert Scott: Just a brief comment on the purpose. This is brought to us by the
Chesapeake Local Assistance Board. We are making, what I think is a series of
perfunctory changes without a great deal of impact. A couple of definitions are changed.
The function of the Board has been changed a little bit. The ordinance adjustments are
just to recognize those changes that have been made. We will continue to go about our
business as we have in the past and this ordinance will satisfy some of the requests made
of us by the officials at the State level.
William Din: Thank you Mr. Scott. I'd like to make the following recommendation. I'd
like to move that the following item be placed on consent. Item #11 City of Virginia
Beach - Chesapeake Bay Ordinance.
Dorothy Wood: Do I hear a second?
Barry Knight: Second.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, Item #11 has been approved for consent.
,.~~ø
r"'~l~' "~1
"'1'. -"~Ç.,
fSf m
(.;- :.>
\<.;'" U1
':.~"..'~ ~,,':.
'i:~.:;;';"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Ordinance To Amend Chapter 31 of the City Code, (Civil
Penalties for Certain Violations; Collection of Tree
Limbs and Debris from Tree Removal Activity)
MEETING DATE: December 7,2004
.
Background:
By long standing policy and code, the Waste Management Division of the Public
Works Department provides yard waste collection services that includes the
collection of bags of grass and leaves, and tree and shrubbery trimmings from
pruning less than six inches in diameter, in 4 x 4 x 4 feet piles. It does not
provide collection of any tree removal debris at the street except in the case of a
declared emergency for which the city is eligible for federal/state reimbursement
of such removal costs. Residents can reserve a yard debris container for tree
removal debris provided the limbs do not exceed six inches in diameter. Often
residents and/or contractors place large logs and piles at the street from tree
removal, expecting the city to pick them up. The department is not budgeted for
this type of service. With the experience of small storms, which are not declared
emergencies, this practice has increased.
In addition, the 2003 General Assembly enacted legislation to allow the
imposition of civil penalties for violations of ordinances pertaining to trash
collection. The City Code does not presently provide for civil penalties for such
violations.
.
Considerations:
The attached ordinance provides for the imposition of civil penalties for the
violation of City Code Sections 31-26 (pertaining to the types of items which may
be placed in receptacles), 31-28 (pertaining to placement of receptacles at the
curb for collection), and 31-33 (pertaining to the collection of tree removal
debris). It also establishes a procedure for the handling of violations of the
ordinances. If adopted by the City Council, such violations would no longer be
deemed criminal in nature.
The amendments to Section 31-33 require the owner/occupant or contractor to
be responsible for the disposal of tree removal debris and prohibits placement of
such debris on the City right-of-way except in an emergency or as allowed by
City Code Section 31-35 (which provides for rental of City yard waste
containers). It also provides a procedure for enforcement of the ordinance.
.
Public Information:
The public will be notified through the normal agenda notification process.
Notices will also be mailed to contractors and distributed by field staff when
observing tree removal activity. A notice will be placed in the Virginia Beach
Beacon and on VBTV. Office staff will provide information when receiving
requests from residents.
.
Alternatives:
The City could add additional resources to provide tree removal debris collection,
the cost of which is estimated to be at least $425,000 for startup equipment, with
ongoing costs of $75,000 for personnel and operating expenses. The City could
also contract for the services, estimated to costs $1,500 to $2,500 per collection
location, depending on volume. Based on trends, this cost could amount to
$150,000 per fiscal year.
With respect to the portions of the ordinance relating to civil penalties, the City
may continue to enforce the subject ordinances as criminal in nature. The
imposition of civil penalties in lieu of criminal prosecution has been successful in
other contexts, however, and has proven to be an effective and efficient method
of enforcement.
.
Recommendations:
Adopt proposed ordinance.
.
Attachments:
Ordinance
Recommended Action: Adopt Ordinance
Submitting Department/Agency: Department of Public Works; Department of Housing and
Neighborhood Preservation 1 ?NJ rs?1..
City Manager:~ L I '-" \)
1---
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY CODE
BY ADDING A NEW SECTION 31-3.1 (CIVIL PENALTIES FOR
CERTAIN VIOLATIONS) AND BY AMENDING SECTIONS 31-1
(DEFINITIONS), 31-2.2 (ISSUANCE OF SUMMONSES), 31-
26 (RECEPTACLES GENERALLY), 31-28 (POINTS OF
COLLECTION) AND 31-33 (PREPARATION OF YARD TRASH,
ETC. FOR COLLECTION)
Section Added: City Code Section 31-3.1
Sections Amended: City Code Sections 31-1,
31-2.2, 31-26, 31-28 and 31-33
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 31 of the Code of the City of Virginia Beach is
18
hereby amended and reordained, to read as follows:
19
CHAPTER 31.
SOLID WASTE
20
Article I.
IN GENERAL
21
22
23
24
Sec. 31-1.
Definitions.
The following definitions shall apply in the interpretation
25
and enforcement of this chapter:
26
. . . .
27
Tree removal activity means the removal of trees wholly or
28
partially felled or damaged by storm,
disease or other natural
29
causes, as well as the cutting down and removal of standing trees;
30
Tree removal contractor means any person, firm, corporation or
31
other
entity
activity
for
regularly
performing
tree
removal
32
monetary or other consideration.
33
34
. . . .
35
36
37
38
39
40
41
42
43
44
45
46
47
48
COMMENT
The amendments add definitions of the terms "tree removal activity" and "tree removal
contractor. "
. . . .
Sec. 31-2.2.
Same
Notice of violation, summons - Method of
issuance.
(a)
Upon finding or observing a violation of any of the
49
provisions of this chapter, the inspector, assistant fire marshal
50
or police officer shall issue a notice for ~ of violation to the
51
occupant or other person causing or permitting
owner,
operator,
52
such violation.
£ervice of the notice of viol~tion oh~ll be by
53
delivering ~ copy of the notice to ~hom it io directed in peroon.
54
Ba4à Such notice shall contain set forth the date and nature of the
55
violation, including a citation of the city code section violated,7
56
Addition~lly, o~id notice and shall require the immedi~te ceoo~tion
57
of the viol~tion ~nd oh~ll provide for specify the time within
58
which reæedi~l me~oureo ~re to be t~Jcen to correct
o~id
the
59
violation shall be corrected. Service of the notice shall be by
60
personal delivery to the person causing or permitting the violation
61
or, H if the p~rty person cannot be found,
~ posting of the
62
notice in a conspicuous location upon the land or premises aHà
63
notice m~iled by firot cl~oo mùil to the l~ot ]mo;m ~ddreoo of the
64
peroon to '..hom it io directed oh~ll be deemed ~dequ~te under thio
2
65
ch.J.pter.
66
Upon f.J.ilure to If the person so served fails to comply with a
67
the notice of violation,
a summons shall be issued against and
68
served on the p.J.rty such person directing him to appear before the
69
general district court, on the date and at the time specified in
70
the summons,
to answer for the violation alleged.!... the date and
71
nature of which shall be
forth in the
provided,
set
summons;
72
however, that the procedure in cases of violations of 3ections 31-
73
26, 31-28 and 31-33 shall be in accordance with the provisions of
74
section 31-3.1 of this chapter.
75
(b)
In any case where an inspector, assistant fire marshal or
76
police officer observes a violation in progress, a summons may be
77
issued against and served on the person committing the violation
78
directing him to appear before the general district court without
79
the necessity of issuing a notice of violation.
80
COMMENT
81
82
83
84
85
86
87
The amendments are intended to clarify the section's provisions relating to the issuance of
notices for violations of the chapter. In addition, the amendment separates violations of Sections 31-26,
31-28 and 31-33, which are treated as civil (non-criminal) violations from other violations of Chapter
31.
Sec. 31-3.
Violations of chapter.
88
Unless otherwise specifically provided, a violation of any of
89
the
provisions
a
of
this
shall
èonstitute
class
chapter
1
90
misdemeanor. In any case where building and construction materials,
91
hazardous waste, or refuse is deposited, transported, transferred
3
92
93
94
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
or stored in or upon any public or private property in the city
without acquiring all permits under applicable city,
and
state,
federal laws, the mere cessation of such activities shall not be
95
deemed sufficient to correct the violation. Said violation shall
96
not be deemed corrected until such time that all required permits
97
and approvals have been obtained or until such time as the building
98
and construction materials, hazardous waste or refuse have been
99
removed from the subj ect property and disposed of in a lawful
manner.
In addition to and not in lieu of the penalties prescribed in
this section,
the city may apply to the circuit court
for an
injunction
against
the
continuing
of
of
the
violation
any
provisions of this chapter and may seek any other remedy authorized
by law; provided, that theassessment of a civil penalty for any
violation shall preclude the institution of a criminal prosecution
for the same violation.
COMMENT
The amendment provides that the imposition of a civil penalty precludes the institution
of a criminal prosecution for the same violation. Under the current ordinance, however (which the
amendment does not change), the City may file a civil suit for an injunction as well as seek civil
penalties.
Sec. 31-3.1.
Civil penalties.
(a)
Any person who violates the provisions of section 31-26
or section 31-28 of this chapter shall be assessed a civil penalty
in
of
twenty-five
dollars
($25.00)
first
for
the
the
amount
4
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
violation and fifty dollars ($50.00) for each subsequent violation,
and any person who violates section 31-33 shall be assessed a civil
penalty in the amount prescribed therein.
Each day during which
the same violation is found to have existed shall constitute a
separate offense.
(b)
Except as provided in section 31-33 (e), no civil penalty
shall be assessed without first issuing a notice of violation in
the manner specified in section 31-2.2 to the owner,
operator,
occupant or other person causing or permitting such violation.
(c)
Any person issued a civil summons for a violation may
make an appearance in person or in writing by mail to the City
Treasurer prior to the date fixed for trial in court.
Any person
so appearing may enter a waiver of trial, admit liability, and pay
the civil penalty established for the offense charged.
Such person
shall be informed of his right to stand trial and that a signature
to an admission of liability will have the same force and effect as
a
judgment
a
scheduled
of
If
charged with
court.
a person
violation does not elect to enter a waiver of trial and admit
liability,
the violation shall be tried in the general district
court in the same manner and with the same right of appeal as
provided by law.
In any trial for a violation, it shall be the
burden of the city to show the liability of the violator by a
preponderance
of
the
evidence.
An admission of
liability or
5
142
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145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
finding of liability shall not be a criminal conviction for any
purpose.
COMMENT
The amendments allow the imposition of civil penalties for violations of Sections 31-26
(requiring refuse to be collected by the City to be stored in proper receptacles) and 31-28 (prescribing
the times during which refuse receptacles may be placed on the curb for collection).
The amendments also set forth the procedures by which notices of violation and civil
summonses are to be issued and served and by which alleged violations may either be admitted or
contested in court.
. . . .
Sec. 31-26.
Receptacles generally.
All refuse to be collected by the city shall be stored in
proper receptacles between times of collection. Except in those
areas serviced by automated collection equipment, such receptacles
shall be metallic or plastic, with a capacity of not more than
thirty-two (32) gallons or a total weight of not more than fifty
(50) pounds. Any automated refuse receptacle serviced by the city
shall
filled to exceed two hundred
not be
(200)
pounds total
weight,
and all refuse therein must fit inside the receptacle.
Refuse may be placed in plastic or polyethylene bags which meet the
standards set by the city manager or his designee. Each receptacle
shall have a tight-fitting cover, and each bag shall be tightly
secured. The cover of any receptacle shall be kept on at all times
except when the receptacle is being filled,
emptied or cleaned.
Animal waste, ashes and special refuse items shall be disposed of
in the manner set forth in section 31-7 of this chapter. Any areas
6
172
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175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
serviced by automated collection equipment shall use automated
refuse receptacles and containers for recyclables as approved by
the
ci ty manager
his
designee.
All
garbage
or
receptacle
or
material shall be placed within the automated refuse receptacles.
No hazardous waste,
refuse,
cont.J.giouo
dioe.J.oe
refuGe medical
waste, or any other refuse or nonrecyclables shall be placed in any
container for recyclables used for collection by the city or a city
contractor. No other types of receptacles are permitted for use in
the automated collection areas. Exceptions to these requirements
may be made by the city manager or his designee. Only yard waste
containers or yard waste receptacles as defined in section 31-1 of
this chapter shall be used for yard waste. A maximum of twenty-five
(25) yard waste receptacles shall be collected per residence on any
given collection day.
COMMENT
The amendment to this section changes the term "contagious disease refuse" to "medical waste"
in the enumeration of items that are not permitted to be placed in containers for recyclables.
Sec. 31-28.
Points of collection.
(a)
Privately owned residential refuse receptacles~ including
automated
refuse
receptacles
and
containers
for
recyclables,
oversized household trash and bulky items such as refrigerators,
water
heaters,
appliances,
washing
machines,
other
household
furniture, mattresses and similar items, the contents of which are
to be collected by the city or a city contractor, shall be placed
7
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198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
on the curb line of a city right-of-way no earlier than 5:00 p.m.
on the day before
collection and by 7: 00
a.m.
on the day of
collection.
All receptacles must be removed out of view of the
public
after
collection
the
day
of
collection,
except
on
as
otherwise
designated
by
the
city
his
designee.
manager
or
Containers for recyclables provided to townhouses shall be removed
out
of
on
the
view
of
public
day
of
the
after
collection
collection.
Except as otherwise set forth in this subsection,
automated refuse receptacles and containers for recyclables that
are not removed from public view on the day of collection may be
removed by the city and taken into temporary custody with posted
written notice to the property owner as to the location of the
containers and the procedure for reclaiming such containers.
Some
residents
serviced by automated
be
collection equipment
shall
required to place the automated refuse receptacles on the opposite
side of the street from their house.
(b)
Mobile containers in the resort collection zone may be
placed on the curb line of a city right-of-way by 6:00 a.m. on the
day of collection.
The collection of refuse from any mobile or bulk container by
a private contractor in the resort collection zone between April 15
and October 15 of each year shall be restricted to between the
hours of 6:00 a.m. and 10:00 a.m. daily. Any mobile container in
the resort collection zone placed on the curb line of a city right-
8
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244
of-way between April 15 and October 15 must be removed from said
right-of-way no later than 10:00 a.m. If mobile containers are not
removed by that time, the city may remove them and take temporary
custody of
such containers with posted written notice
to the
property owner as
to
the
location of
the
containers
and
the
procedure for reclaiming such containers.
(c)
his
may authorize
the
city manager
or
designee
The
placement of mobile containers outside of the resort collection
zone on the curb line of a city right-of-way for collection by a
private
contractor where
to and the
servicing of
such
access
containers
from
commercial
is
or
impossible
the
property
impracticable because of the size or physical constraints of the
property. In such cases the mobile container may be placed on the
curb line of a city right-of-way by 6: 00
on the day of
a.m.
collection. Such mobile containers shall be removed out of view of
the public immediately after collection.
(d)
The city will not make refuse collections on private
property.
(e)
Except as set forth in subsections (b) and (c) of this
section, refuse receptacles, mobile containers and bulk containers
used by commercial establishments and serviced by private refuse
collectors shall not be placed on any street or city right-of-way
for collection. Unless otherwise authorized by the city manager or
his designee,
collections shall be made directly from the
all
9
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274
premises of the customer and any emptied receptacles or containers
shall be returned directly to such premises.
COMMENT
The amendment clarifies the intent of the section by specifically including bulky items among
those items which may not be placed at the curb for collection outside of the specified hours. Yard
waste receptacles, such as clear plastic bags, are not included in such items, and are therefore not
subject to the restrictions.
. . . .
See. 31-33.
Storage or preparation of yard
shrubbery, etc., for collection.
trash,
limbs,
(a)
Yard waste storage. Yard tr~oh waste may be stored for
collection by the city in approved yard waste receptacles aflà or
yard waste containers as described in this chapter.
Any yard tr~oh
waste that cannot be put in an approved refuse receptacle shall be
handled as described in subsection (b) of this section.
(b)
Restrictions on yard waste material. All limbs, branches,
shrubbery and hedge trimmings generated from normal pruning, to be
collected by the city shall be cut into lengths not to exceed four
(4 )
feet
and
shall
be
curbline
stacked
neatly
by
the
for
collection.
Stacks ohould shall not exceed four by four by four (4
x 4 x 4)
feet,
shall contain no material greater than six
(6 )
inches in diameter,
and shall contain no debris generated as a
result of tree removal activity.
No more than one 9He pile per
week per residence shall be collected.
If such material is not
prepared for collection as herein required, its disposal shall be
the responsibility of the owner or occupant of the premises.
10
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
(c)
Violations. Except as provided in section 31-35 or as
allowed by the City Manager in cases of declared emergency,
any
property owner,
tenant or occupant who places,
or causes to be
placed, any debris generated by tree removal activity on any public
street, alley or right-of-way, including the area between the paved
portion thereof and abutting property line, and who fails to remove
such
debris
within
the
time
prescribed
in
notice
the
issued
pursuant to section 31-3.1 of this chapter shall be subject to a
civil penalty in the amount of One Hundred Dollars ($100.00)
for
each day that the violation continues after the date specified in
the notice.
(d)
Summons; procedure.
In the event of a violation of any
of the provisions of this section, the owner, tenant or occupant of
the subject property shall be notified of such violation in the
manner provided
in section 31-2.2
and directed to remedy the
violation within a reasonable time specified in the notice, but not
less than forty-eight (48) hours.
If the person so notified fails
or refuses to comply with the notice of violation within the time
specified, or such extension of time as may be authorized by the
City Manager or his designee, the Code Enforcement Administrator of
the Department of Housing and Neighborhood Preservation or his
designee may issue a civil summons for a violation.
In such event,
further proceedings shall be in accordance with section 31-3.1 (c).
11
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
(e)
Special provisions
for
tree removal
contractors.
The
provisions of subsections (b) ¡
(c) and (d) hereof shall apply to
tree
removal
any
that
violation
contractors¡
of
the
except
provisions of this section by a tree removal contractor shall be
subject to a civil penalty in the amount of Five Hundred Dollars
($500.00) for an initial violation and each day thereafter that a
violation continues¡ and a civil summons may be issued against such
a contractor without the prior issuance of a notice of violation.
COMMENT
The amendments provide as follows:
The changes to subsection (a) are stylistic in nature.
Subsection (b) provides that tree limbs, etc., which are placed on the curbline for collection shall
not exceed 6 inches in diameter, and shall contain ill! debris from tree removal activity. This
amendment is intended to clarify existing procedures. Other changes to subsection (b) are stylistic in
nature.
Subsection (c) provides that it is a violation to place debris generated by tree removal activity in
a public right-of-way (including the area between the paved portion and an abutting property line).
Two exceptions are made: first, for cases in which the City Manager has declared an emergency, and
second, for disposal of yard waste pursuant to City Code Section 31-35 (which allows disposal of yard
waste placed in approved City yard waste containers). The amendments also prescribe the amount of
civil penalties applicable to violations and provide that violators are subject to civil penalties for each
day that a violation continues after the date on which the notice of violation orders it to be remedied.
Subsection (d) sets forth the procedures for enforcement of the ordinance against a violator. In
the event of a violation, the owner, tenant or occupant of the subject property is to be given notice of the
violation and a reasonable time (with a minimum of 48 hours) to correct the violation. In the event the
violator fails or refuses to comply with the notice, he is to be served with a civil summons to appear for
trial in General District Court. An admission of liability or finding of liability is not a criminal
conviction for any purpose.
Subsection (e) sets forth special provisions pertaining to violations by tree removal contractors.
The civil penalty is in the amount of $500.00 and no notice of violation need be issued prior to the
issuance of a summons.
The remedies set forth in the ordinance for violations of this section are not exclusive.
City Code Section 31-3 allows the City to apply to the Circuit Court for an injunction against the
12
337
338
339
340
341
342
continuing violation of any of the provisions of Chapter 31, including this section, and to seek any other
remedy authorized by law.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the ---- day of
, 20
CA-8927
OID\ordres\chapter31ordin.doc
R-5
December 1, 2004
APPROVED AS TO CONTENT:
APPROVED AS TO CONTENT:
.uJ~ I
Public Works D
Dep tment of Hous and
Ne'ghborhood Preservation
City Attorney's Office
13
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $236,589 (Property of Barry D. &
Paula W. Knight)
MEETING DATE: December 7,2004
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 77.57 acres outside of marshland or swampland. It is owned by Barry D.
and Paula W. Knight. Under current development regulations, there is a total
development potential of eight (8) single-family dwelling building sites, four (4) of which
would be reserved for future development as 3-acre building sites. Property owners are
no longer required to designate the location of the area reserved for future building
sites, but are required to subdivide such sites prior to building on them. The site, which
is shown on the attached Location Map, is located on Head of River Road, in the District
of Princess Anne. The proposed purchase price, as stated in the ordinance, is
$236,589. This price is the equivalent of approximately $3,050 per acre of easement
acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 4.50% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6.50% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property.
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department ¥
City Manager. ~ V- \~
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$236,589
the Agricultural
Lands
Preservation
WHEREAS,
pursuant
to
10
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11
Virginia Beach, there has been presented to the City Council a
12
request for approval of an Installment Purchase Agreement (the form
13
and standard provisions of which have been previously approved by
14
the City Council,
a summary of the material terms of which is
15
hereto attached, and a true copy of which is on file in the City
16
Attorney's Office) for the acquisition of the Development Rights
17
(as defined in the Installment Purchase Agreement)
on certain
18
property located in the City and more fully described in Exhibit B
19
of the Installment Purchase Agreement for a purchase price of
20
$236,589; and
21
WHEREAS, the aforesaid Development Rights shall be acquired
22
through
acquisition
a
of
perpetual
agricultural
land
the
23
preservation easement, as defined in, and in compliance with, the
24
requirements of the Ordinance; and
25
WHEREAS, the City Council has reviewed the proposed terms and
26
conditions of the purchase as evidenced by the Installment Purchase
27
Agreement;
28
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29
OF VIRGINIA BEACH, VIRGINIA:
30
31
32
1.
The City Council hereby determines and finds that the
proposed terms and conditions of the purchase of the Development
Rights pursuant to the Installment Purchase Agreement,
including
33
the purchase price and manner of payment, are fair and reasonable
34
and in furtherance of the purposes of the Ordinance, and the City
35
Manager or his designee is hereby authorized to approve, upon or
36
before the execution and delivery of the
Purchase
Installment
37
Agreement, the rate of interest to accrue on the unpaid principal
38
balance of the purchase price set forth hereinabove as the greater
39
of 4.50% per annum or the per annum rate which is equal to the
40
yield on United States Treasury STRIPS purchased by the City to
41
fund such unpaid principal balance; provided, however, that such
42
rate of interest shall not exceed 6.50% unless the approval of the
43
City Council by resolution duly adopted is first obtained.
44
2.
The City Council hereby further determines that funding
45
is available for the acquisition of the Development Rights pursuant
46
to the Installment Purchase Agreement on the terms and conditions
47
set forth therein.
48
3.
The
City
expressly
the
Council
hereby
approves
49
Installment Purchase Agreement and, subject to the determination of
50
the
City Attorney that
are no defects
in title
to the
there
51
property or other restrictions or encumbrances thereon which may,
52
in the opinion of the City Attorney, adversely affect the City's
53
interests, authorizes the City Manager or his designee to execute
2
54
and deliver the Installment Purchase Agreement in substantially the
55
form
and
approved
with
minor
substance
as
hereby
such
same
56
modifications, insertions, completions or omissions which do not
57
materially alter the purchase price or manner of payment, as the
58
City Manager or his designee shall approve.
The City Council
59
further directs the City Clerk to affix the seal of the City to,
60
and attest same on, the Installment Purchase Agreement.
The City
61
Council expressly authorizes the incurrence of the indebtedness
62
represented
by
issuance
delivery
the
Installment
the
and
of
63
Purchase Agreement.
64
The City Council hereby elects to issue the indebtedness
4.
65
under the Charter of the City rather than pursuant to the Public
66
Finance Act of 1991 and hereby constitutes the indebtedness a
67
contractual obligation bearing the full faith and credit of the
68
City.
69
70
Adoption requires an affirmative vote of a majority of all
71
members of the City Council.
72
73
Adopted
Council
of
Virginia
Beach,
the
City
of
by
the
74
Virginia, on this
day of
, 2004.
75
76
77
78
79
80
CA-9444
H:jOIDjOrdinjARPmattersjknightordin.doc
R-1
November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
APPROVED AS TO CONTENT:
~~~ '
/Agricultur Department
APPROVED AS TO LEGAL
City Attorney's
CERTIFIED AS TO AVAILABILITY OF FUNDS:
QtN-ð^- Û ~
Director of Finance
4
ENCY:
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-61
SUMMARY OF MATERIAL TERMS
SELLER:
KNIGHT, BarryD. and Paula W.
PROPERTY LOCATION: Head of River Road, Princess Anne District
PURCHASE PRICE: $236,589
EASEMENT AREA: 77.57 acres, more or less
DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (4 of which are reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.50% (actual rate to be detennined when STRIPS are purchased prior to
execution ofIP A). Rate may not exceed 6.50% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIPA.
/
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $146,766 (Property of Craig and
Bonnie Talley)
MEETING DATE: December 7,2004
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (i.e., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 32.08 acres, none of which consists of marshland or swampland. It is
owned by Craig and Bonnie Talley. Under current development regulations, there is a
total development potential of four (4) single-family dwelling building sites, one (1) of
which would be reserved for future development as a 3-acre building site. Property
owners are no longer required to designate the location of the area reserved for future
building sites, but are required to subdivide such sites prior to building on them. The
site, which is shown on the attached Location Map, is located on Head of River Road, in
the District of Princess Anne. The proposed purchase price, as stated in the ordinance,
is $146,766. This price is the equivalent of approximately $4,575 per acre of easement
acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 4.25% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6.25% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property.
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department ¥
City Manager: ~ \C \ be ~
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$146,766
pursuant
to
the Agricultural
Lands
Preservation
WHEREAS,
10
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11
Virginia Beach,
there has been presented to the City Council a
12
request for approval of an Installment Purchase Agreement (the form
13
and standard provisions of which have been previously approved by
14
the City Council,
a summary of the material terms of which is
15
hereto attached, and a true copy of which is on file in the City
16
Attorney's Office) for the acquisition of the Development Rights
17
(as defined in the Installment Purchase Agreement)
on certain
18
property located in the City and more fully described in Exhibit B
19
of the Installment Purchase Agreement for a purchase price of
20
$146,766; and
21
WHEREAS, the aforesaid Development Rights shall be acquired
22
through
the
acquisition
of
agricultural
land
a
perpetual
23
preservation easement, as defined in, and in compliance with, the
24
requirements of the Ordinance; and
25
WHEREAS, the City Council has reviewed the proposed terms and
26
conditions of the purchase as evidenced by the Installment Purchase
27
Agreement;
28
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29
OF VIRGINIA BEACH, VIRGINIA:
30
1.
The City Council hereby determines and finds that the
31
proposed terms and conditions of the purchase of the Development
32
Rights pursuant to the Installment Purchase Agreement, including
33
the purchase price and manner of payment, are fair and reasonable
34
and in furtherance of the purposes of the Ordinance, and the City
35
Manager or his designee is hereby authorized to approve, upon or
36
before the execution and delivery of the
Purchase
Installment
37
Agreement, the rate of interest to accrue on the unpaid principal
38
balance of the purchase price set forth hereinabove as the greater
39
of 4.25% per annum or the per annum rate which is equal to the
40
yield on United States Treasury STRIPS purchased by the City to
41
fund such unpaid principal balance; provided, however, that such
42
rate of interest shall not exceed 6.25% unless the approval of the
43
City Council by resolution duly adopted is first obtained.
44
The City Council hereby further determines that funding
2.
45
is available for the acquisition of the Development Rights pursuant
46
to the Installment Purchase Agreement on the terms and conditions
47
set forth therein.
48
The
approves
the
City
Council
hereby
3.
expressly
49
Installment Purchase Agreement and, subject to the determination of
50
the
to the
City Attorney that
there are no defects
in title
51
property or other restrictions or encumbrances thereon which may,
52
in the opinion of the City Attorney, adversely affect the City's
53
interests, authorizes the City Manager or his designee to execute
2
54
and deliver the Installment Purchase Agreement in substantially the
55
form
approved
minor
with
such
and
substance
as
hereby
same
56
modifications, insertions, completions or omissions which do not
57
materially alter the purchase price or manner of payment, as the
58
City Manager or his designee shall approve.
The City Council
59
further directs the City Clerk to affix the seal of the City to,
60
and attest same on, the Installment Purchase Agreement.
The City
61
Council expressly authorizes the incurrence of the indebtedness
62
represented
delivery
the
Installment
by
the
issuance
and
of
63
Purchase Agreement.
64
The City Council hereby elects to issue the indebtedness
4.
65
under the Charter of the City rather than pursuant to the Public
66
Finance Act of 1991 and hereby constitutes the indebtedness a
67
contractual obligation bearing the full faith and credit of the
68
City.
69
70
Adoption requires an affirmative vote of a majori ty of all
71
members of the City Council.
72
73
Adopted
the
Beach,
by
Council
of
the
City
of
Virginia
74
Virginia, on this
, 2004.
day of
75
76
77
78
79
80
CA-9441
H:/OID/Ordin/ARPmatters/talleyordin.doc
R-1
November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
APPROVED AS TO CONTENT:
h2~/~-
Ágriculture epartment
APPW~D AS TO LE~L~IENCY'
~Ú J~ /!1.!t/a -~
City AttorneÝ's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
. Q~tMȮ.-/ () ~{)~
Dlrector of Flnance
4
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-65
SUMMARY OF MATERIAL TERMS
SELLER:
TALLEY, Craig & Bonnie
PROPERTY LOCATION: Head of River Road, Princess Anne District
PURCHASE PRICE: $146,766
EASEMENT AREA: 32.08 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be detennined when STRIPS are purchased prior to
execution ofIP A). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIP A.
I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
..J
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $180,684 (Property of Dianna G.
Conte and Patricia C. Ange)
MEETING DATE: December 7,2004
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 43.02 acres, none of which consists of marshland or swampland. It is
owned by Diana G. Conte and Patricia C. Ange. Under current development
regulations, there is a total development potential of four (4) single-family dwelling
building sites, one of which would be reserved for future development as a 3-acre
building site. Property owners are no longer required to designate the location of the
area reserved for future building sites, but are required to subdivide such sites prior to
building on them. The site, which is shown on the attached Location Map, is located on
Baum Road, in the District of Princess Anne. The proposed purchase price, as stated in
the ordinance, is $180,684. This price is the equivalent of approximately $4,200 per
acre of easement acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 4.50% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6.50% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attomey's Office); area map showing location of
property.
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department ~
City Manager: ~ ¥-' C:(3~
1
2
3
4
5
6
7
8
9
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$180,684
the Agricultural
Lands
Preservation
WHEREAS,
pursuant
to
10
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
11
Virginia Beach,
there has been presented to the City Council a
12
request for approval of an Installment Purchase Agreement (the form
13
and standard provisions of which have been previously approved by
14
the City Council,
a summary of the material terms of which is
15
hereto attached, and a true copy of which is on file in the City
16
Attorney's Office) for the acquisition of the Development Rights
17
(as defined in the Installment Purchase Agreement)
on certain
18
property located in the City and more fully described in Exhibit B
19
of the Installment Purchase Agreement for a purchase price of
20
$180,684; and
21
WHEREAS, the aforesaid Development Rights shall be acquired
22
through
acquisition
perpetual
agricultural
land
of
the
a
23
preservation easement, as defined in, and in compliance with, the
24
requirements of the Ordinance; and
25
WHEREAS, the City Council has reviewed the proposed terms and
26
conditions of the purchase as evidenced by the Installment Purchase
27
Agreement;
28
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
29
OF VIRGINIA BEACH, VIRGINIA:
30
The City Council hereby determines and finds that the
1.
31
proposed terms and conditions of the purchase of the Development
32
Rights pursuant to the Installment Purchase Agreement, including
33
the purchase price and manner of payment, are fair and reasonable
34
and in furtherance of the purposes of the Ordinance, and the City
35
Manager or his designee is hereby authorized to approve, upon or
36
before the execution and delivery of the
Purchase
Installment
37
Agreement, the rate of interest to accrue on the unpaid principal
38
balance of the purchase price set forth hereinabove as the greater
39
of 4.50% per annum or the per annum rate which is equal to the
40
yield on United States Treasury STRIPS purchased by the City to
41
fund such unpaid principal balance; provided, however, that such
42
rate of interest shall not exceed 6.50% unless the approval of the
43
City Council by resolution duly adopted is first obtained.
44
2.
The City Council hereby further determines that funding
45
is available for the acquisition of the Development Rights pursuant
46
to the Installment Purchase Agreement on the terms and conditions
47
set forth therein.
48
The
City
approves
the
Council
hereby
expressly
3.
49
Installment Purchase Agreement and, subject to the determination of
50
the
City Attorney that
are
no defects
there
in title
to the
51
property or other restrictions or encumbrances thereon which may,
52
in the opinion of the City Attorney, adversely affect the Cityls
53
interests, authorizes the City Manager or his designee to execute
2
54
and deliver the Installment Purchase Agreement in substantially the
55
form
approved
with
minor
such
and
as
hereby
substance
same
56
modifications,
insertions, completions or omissions which do not
57
materially alter the purchase price or manner of payment, as the
58
City Manager or his designee shall approve.
The City Council
59
further directs the City Clerk to affix the seal of the City to,
60
and attest same on, the Installment Purchase Agreement.
The City
61
Council expressly authorizes the incurrence of the indebtedness
62
represented
by
of
Installment
the
the
issuance
and
delivery
63
Purchase Agreement.
64
The City Council hereby elects to issue the indebtedness
4.
65
under the Charter of the City rather than pursuant to the Public
66
Finance Act of
1991 and hereby constitutes the indebtedness a
67
contractual obligation bearing the full faith and credit of the
68
City.
69
70
Adoption requires an affirmative vote of a majority of all
71
members of the City Council.
72
73
Adopted
Beach,
by
the
Virginia
the
Council
of
City
of
74
Virginia, on this
, 2004.
day of
75
76
77
78
79
80
CA-9443
H:/OID/Ordin/ARPmatters/conte&angeordin.doc
R-1
November 17, 2004
3
81
82
83
84
85
86
87
88
89
90
91
92
93
94
APPROVED AS TO CONTENT:
Æ:)~ ~.
Agricultú e Department
APã;~ AS_;Y~CIENCY'
city ~y,S Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Q~Æ./ (J~
Director of Finance
4
AGRICUL TURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2004-62
SUMMARY OF MATERIAL TERMS
SELLER:
CONTE, Dianna C. and ANGE, Patricia C.
PROPERTY LOCATION: Baum Road, Princess Anne District
PURCHASE PRICE: $180,684
EASEMENT AREA: 43.02 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on u.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.50% (actual rate to be determined when STRIPS are purchased prior to
execution ofIP A). Rate may not exceed 6.50% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIPA.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $70,499 (Property of Craig C. and
Susan L. Creamer)
MEETING DATE: December 7,2004
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eight (8) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of one (1) parcel of land having
approximately 25.18 acres, none of which consists of marshland or swampland. It is
owned by Craig C. and Susan L. Creamer. Under current development regulations,
there is a total development potential of two (2) single-family dwelling building sites, one
(1) of which would be reserved for future development as a 3-acre building site.
Property owners are no longer required to designate the location of the area reserved
for future building sites, but are required to subdivide such sites prior to building on
them. The site, which is shown on the attached Location Map, is located on Crags
Causeway, in the District of Princess Anne. The proposed purchase price, as stated in
the ordinance, is $70,499. This price is the equivalent of approximately $3,000 per acre
of easement acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 4.25% per
annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 6.25% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
. Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development rights
to the property.
. Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
. Attachments: Summary of Material Terms of Installment Purchase Agreement
(full Agreement is on file in the City Attorney's Office); area map showing location of
property.
Recommended Action: Adoption
Submitting Department/Agency: AgricuUure Department ~.~
City Manager: ~ 1<... . ÓßðY'1.
25
26
27
28
1
2
3
4
5
6
7
8
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$70,499
WHEREAS,
the Agricultural
Lands
pursuant
to
Preservation
9
Ordinance (the "Ordinance"), Appendix J of the Code of the City of
10
Virginia Beach,
there has been presented to the City Council a
11
request for approval of an Installment Purchase Agreement (the form
12
and standard provisions of which have been previously approved by
13
the City Council,
a summary of the material terms of which is
14
hereto attached, and a true copy of which is on file in the City
15
Attorney's Office) for the acquisition of the Development Rights
16
(as defined in the
on certain
Installment Purchase Agreement)
17
property located in the City and more fully described in Exhibit B
18
of the Installment Purchase Agreement for a purchase price of
19
$70,499; and
20
WHEREAS, the aforesaid Development Rights shall be acquired
21
through
a
the
acquisition
of
perpetual
agricultural
land
22
preservation easement, as defined in, and in compliance with, the
23
requirements of the Ordinance; and
24
WHEREAS, the City Council has reviewed the proposed terms and
conditions of the purchase as evidenced by the Installment Purchase
Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
29
1.
The City Council hereby determines and finds that the
30
proposed terms and conditions of the purchase of the Development
31
Rights pursuant to the Installment Purchase Agreement,
including
32
the purchase price and manner of payment, are fair and reasonable
33
and in furtherance of the purposes of the Ordinance, and the City
34
Manager or his designee is hereby authorized to approve, upon or
35
before the execution and delivery of
Installment
Purchase
the
36
Agreement, the rate of interest to accrue on the unpaid principal
37
balance of the purchase price set forth hereinabove as the greater
38
of 4.25% per annum or the per annum rate which is equal to the
39
yield on United States Treasury STRIPS purchased by the City to
40
fund such unpaid principal balance; provided, however, that such
41
rate of interest shall not exceed 6.25% unless the approval of the
42
City Council by resolution duly adopted is first obtained.
43
2.
The City Council hereby further determines that funding
44
is available for the acquisition of the Development Rights pursuant
45
to the Installment Purchase Agreement on the terms and conditions
46
set forth therein.
47
3.
The
City
Council
hereby
the
expressly
approves
48
Installment Purchase Agreement and, subject to the determination of
49
the
Ci ty Attorney that
no defects
in title
to the
there
are
50
property or other restrictions or encumbrances thereon which may,
51
in the opinion of the City Attorney, adversely affect the City's
52
interests, authorizes the City Manager or his designee to execute
2
53
and deliver the Installment Purchase Agreement in substantially the
54
form
as
and
substance
approved
with
hereby
such
minor
same
55
modifications, insertions, completions or omissions which do not
56
materially alter the purchase price or manner of payment, as the
57
City Manager or his designee shall approve.
The City Council
58
further directs the City Clerk to affix the seal of the City to,
59
and attest same on, the Installment Purchase Agreement.
The City
60
Council expressly authorizes the incurrence of the indebtedness
61
represented
Installment
by
issuance
the
and
delivery
of
the
62
Purchase Agreement.
63
The City Council hereby elects to issue the indebtedness
4.
64
under the Charter of the City rather than pursuant to the Public
65
Finance Act of
1991 and hereby constitutes the indebtedness a
66
contractual obligation bearing the full faith and credit of the
67
City.
68
69
Adoption requires an affirmative vote of a majori ty of all
70
members of the City Council.
71
72
Adopted
Beach,
by
the
Council
of
the
City
of
Virginia
73
Virginia, on this
, 2004.
day of
74
75
76
77
78
79
CA- 9444
H:jOIDjOrdinjARPmattersjcreamerordin.doc
R-1
November 17, 2004
3
80
81
82
83
84
85
86
87
88
89
90
91
92
93
APPROVED AS TO CONTENT:
Æ2o #- '
Agri~~tu e Department
APPROVED AS
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Dir~þ;¡f 1inaa~
4
AGRICUL TURAL RESERVE PROGRAM
INST ALLMENT PURCHASE AGREEMENT NO. 2004-66
SUMMARY OF MATERIAL TERMS
SELLER:
CREAMER, Craig C. and Bonnie L.
PROPERTY LOCATION: Crags Causeway, Princess Anne District
PURCHASE PRICE: $70,499
EASEMENT AREA: 25.18 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (1 of which is reserved for
future development)
DURATION OF EASEMENT: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.25% (actual rate to be detennined when STRIPS are purchased prior to
execution of IP A). Rate may not exceed 6.25% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IP A ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIP A.
Exhibit B
--..-",,------.., ..",-
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-- - "
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.- -. ..".- .- "
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- .....-..........LOCATION MAP"~
- -" _..- SHOWING
GPIN 2417-41-8550 (PROPERTY OF A.
"'--,~-~..",. ' ...' .. STANLEY MUNDY & CO.)
" GPIN 2417-51-1310 (PROPERTY OF T. R.
.. ",' PRITCHARD;WILLIAM N. DOZIER)
'...
/
SCALE: 1" = 200'
PREPARED BY P;W ENG. CADD DEn NOVEMBER 19,2004
MUNDY PRICHARD & DOZIER.DGN .l.M.
,.1' :;:~
f'd .%1
Œ~ W.',
~.~t Ë~~
'i.~~" .liJ
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.....~~~~..
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City and HRT Operation Facilities at Parks Avenue/14th Street - Potential
Relocation to Birdneck Road.
MEETING DATE: December 7,2004
. Background: Private parties have offered for sale to the City two adjacent
properties on Birdneck Road (totaling approximately 6 acres of land). The properties
have been considered as the possible relocation site for the City's resort area
operational facilities, currently located at its Parks Avenue/14th Street site (the
"Facilities"). The total purchase price for both properties is $1,606,762, with a total
overall acquisition cost of $1 ,609,262 including title insurance and related costs.
Relocation and replacement of the Facilities are necessary because they are old, in
poor condition, the operations on the site present an incompatible use within the
surrounding neighborhood and the site is too small to adequately accommodate the
operations utilizing it. The Facilities are currently used by the following departments:
Parking Management, P&RlParks and Landscape Services, PW/Beach Operations,
PW/Building Maintenance, PW/Street Sweeping, and PW/Traffic Operations. The
Facilities were previously used by the Virginia Beach Mosquito Control Commission.
A project to acquire a replacement site and construct new facilities has been 'requested
but not funded' in the CIP since FY97-98. The current budgetary estimate, exclusive of
land and contingencies, is approximately $4.9 million. For operational purposes, a
replacement site should be no further west than Birdneck Road. A site of at least 6
acres would best accommodate the new facilities.
The City has conducted preliminary environmental screening of the two properties.
Results indicate there are approximately 2 acres of wetlands on the properties, reducing
the usable area to approximately 4 acres. An adjacent property to the north, although
also encumbered by wetlands, would provide additional usable area for the relocation of
the City's operations from the Parks Avenue/14th Street site, Although not part of this
transaction, due diligence is underway on the adjacent parcel to determine its condition
and potential for purchase.
It is also desirable for HRT to relocate its Trolley Base Virginia Beach facility (the "HRT
Facilities"), which is currently located directly across Parks Avenue from the Facilities.
Preliminary information from HRT is that their new facility would require approximately 4
acres. Additional property would be needed to relocate both the Facilities and HRT
Facilities. However, the HRT facility can be accommodated by the two properties
proposed for purchase by the private parties.
. Considerations: There is a need to acquire land for the relocation of the
Facilities and the HRT Facilities. It is desirable, but not absolutely necessary, for the two
maintenance facilities to be located together. The two parcels of land offered for sale to
the City could be used for either the relocation of much of the City operational facility, to
accommodate the HRT facility, or as the initial purchase in the assemblage of enough
land (10 developable acres) to fully accommodate both facilities.
. Public Information: Public information will be handled through the normal
Council agenda process.
.
Alternatives: Do not purchase parcels, leave City/HRT at present location.
. Recommendations: Acquire properties for relocation of the Facilities or other
public uses, establish capital project 3-418 Beach Maintenance Facility for relocation of
this facility and appropriate $1,609,262 for site acquisition costs.
.
Attachments: Ordinance, Legal Description, Location Map, Summary of Terms
Recommended Action: Approve
Submitting Department/Agency: Public Worksf..12
City Manager: ~ \c ,7J& rIHJ. ~'I 1/.
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY LOCATED ON BIRDNECK ROAD FOR
RELOCATION OF THE RESORT AREA MAINTENANCE
FACILITY FROM A. STANLEY MUNDY & CO. OR RCE,
LLC, and FROM T.R. PRITCHARD AND WILLIAM
DOZIER, TO ESTABLISH CIP #3-418, "BEACH
MAINTENANCE FACILITY," AND TO APPROPRIATE
$1,609,262 FROM THE FUND BALANCE
WHEREAS, on behalf of the City, the City Manager and
City staff have engaged in negotiations with RCE, LLC, for the
purchase of properties owned by A. Stanley Mundy & Co., for which
RCE, LLC is the contract-purchaser, and owned by T.R. Pritchard
14
and William Dozier, both properties being located on Birdneck
15
Road north of the Owl's Creek Golf Center and adjacent to City
16
property; and
17
WHEREAS, the properties are needed by the City for the
18
relocation of the City's resort area maintenance facility and/or
19
other public uses.
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21
CITY OF VIRGINIA BEACH, VIRGINIA:
22
1.
That the City Council authorizes the acquisition,
23
by purchaser of the properties as described in Exhibit A and as
24
depicted on Exhibit B both attached hereto.
25
2.
That such acquisition by the City of the property
26
owned by A. Stanley Mundy & Co. shall be either directly from A.
27
Stanley Mundy & Co. or shall be subject to the acquisition of
28
the property by RCEr LLC, in accordance with RCE, LLC's purchase
29
contract with A. Stanley Mundy & Co.
30
3.
That the City Manager or his designee is
31
authorized to execute on behalf of the City of Virginia Beach,
30
in accordance with the terms contained in the Summary of Terms
31
attached hereto as Exhibit C and in a form acceptable to the
32
City Attorney, Agreements of Sale for the purchase of the
33
properties, for the sum of $1,606,762 plus not more than $2,500
34
for the City's title insurance policies and costs incurred.
35
4.
That CIP Project #3-418, "Beach Maintenance
36
Facility," is hereby established as a capital project in the
37
City's Capital Improvement Program.
38
5.
That $1,609,262 is hereby appropriated from
39
General Fund fund balance to Project #3-418, "Beach Maintenance
40
Facility," in the FY 2004-05 Capital Budget to provide funding
41
for the purchase of necessary property, with estimated revenue
42
increased accordingly.
43
An affirmative vote of a majority of the members of
44
City Council is required.
45
46
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2004.
CA-9427
F:\Data\ATY\OID\REAL ESTATE\Commercial
Yard\Ordinance vr2.doc
R-2
November 24, 2004
Projects\14th St Utility
APPROVED AS TO LEGAL SUFFICIENCY:
Cit~y's Office
Approved as to Content:
i~
Pu llc Works
~~-
EXHIBIT A
A. Stanley MoodyIRCE, LLC Parcel (GPIN: 2417-41-8550)
All that certain lot, piece or parcel of land together with
improvements thereon belonging, lying, situated and being in the
City of Virginia Beach, Virginia and being known, number and
designated as Parcel B-2 as shown on that certain plat entitled
"Subdivision of Property of A. Stanley Moody Co., 'Parcel B'
Lynnhaven Borough, Virginia Beach, Virginia", which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 135, at page 47.
It being a part of the same property conveyed to A. Stanley Moody
& CO., a New Jersey Partnership by deed from Leroy T. Canoles,
Jr. and Kevin R. Murphy, substitute Trustees, dated April 30, 1974
and recorded May 9, 1974 in Deed Book 1419, at page 95.
T. R. Pritchard/William Dozier Parcel (GPIN: 2417-51-1310)
All that certain lot, piece or parcel of land, situate in the Borough
of Lynnhaven, in the City of Virginia Beach, State of Virginia
being known, numbered and designated as part of Parcel A, 0.911
acres which property is set forth on the plat of Property for Gabor,
Inc., which is recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map Book 72, at Page 40,
less and except that portion of the property conveyed to the City of
Virginia Beach, Virginia, recorded in Deed Book 1242, at page
183. All as more particularly described in the survey of Alton
Butler dated March 30, 1989 recorded in aforesaid Clerk's Office
in Deed Book 2818, at page 144.
It being all the same property conveyed to T.R. Pritchard and loR.
Gallaher by deed from A. Stanley Moody & Company, a New
Jersey Partnership, dated October 4, 1979 and recorded October
17, 1979 in Deed Book 1953, at page 132. loR. Gallaher's
oodivided Yz interest was conveyed to William N. Dozier by deed
dated April 14, 1989 from loR. Gallaher and Patricia Ann
Gallaher, husband and wife, recorded in Deed Book 2818, at page
142.
EXHIBIT C
SUMMARY OF TERMS
PRITCHARDIDOZIER PARCEL
PROPERTY:
::t 0.911 Acres fronting on Birdneck Road, GPIN # 2417-51-1310
SELLERS :
T. R. Pritchard and William Dozier
PURCHASE
PRICE:
$209,667
A. STANLEY MUNDY PARCEL
PROPERTY:
+ 5.279 Acres fronting on Birdneck Road, GPIN # 2417-41-8550
OWNER:
A. Stanley Mundy & Co.
CONTRACT
PURCHASER!
SELLER:
RCE, LLC, a Virginia limited liability company
PURCHASE
PRICE:
$1,397,095
TERMS AS TO BOTH PARCELS
CONTINGENCIES
TO PURCHASE: -Agreements of sale for purchase of and
simultaneous closings on both parcels.
-Confinnation of marketable and insurable title pursuant to City's title
commitment.
-Council approval of and appropriation for the purchase.
-Dismissal of pending litigation affecting the property or in the alternative,
indemnification of City with regard to any claim asserted against the City
relating to the litigation.
SETTLEMENT:
Within 2 days of council approval of the purchase, so long as all
contingency conditions are met.
F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\14th St Utility Yard\SUMMARY OF TERMS.doc
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: COPS Interoperable Communications Technology Grant
MEETING DATE: December 7,2004
.
Background:
As a result of a critical infrastructure and first responder communications capabilities
assessment conducted after the September 11th terrorist event, the federal government
developed grant programs to address the needs of responding agencies to have
interoperable communications. Greater consideration has been given to pre-planning
for the response of multiple agencies (federal, state and surrounding localities), as well
as multiple agencies within the local government. It is critical for the responders for all
of these agencies to communicate with one another. The initiatives of multiple agency
communications became known as "interoperability", or the ability to communicate
among multiple agencies during regional emergency events. Grant funding has been
made available through the Community Oriented Policing Services (COPS) Office within
the US Department of Justice to address interoperable communications needs. The
Hampton Roads region is designated by the Department of Justice as one of the Top 25
regions that could be targets of Weapons of Mass Destruction (WMD) or terrorist
attacks, and the Port of Hampton Roads is one of the k~y ports on the East Coast.
Virginia Beach, as a leader in the region, has been working to secure and implement a
better regional interoperability system for many years. Our efforts have been rewarded,
and the region was awarded a grant on behalf of the Norfolk -Virginia Beach - Newport
News, VA-NC Metropolitan Statistical Area (locally referred to as the Hampton Roads
Region). This grant is intended to fund a multi-disciplinary, multi-jurisdictional
DataNoice Wide-Area interoperable solution that will provide seamless real-time public
safety communications throughout the MSA. This grant award is for Phase I of the
Overlay Regional Inter-Operability Network (ORION), which will provide standards-
based operational coverage for 60% of the area and 70% of the population. The
system is in line with the overall City direction and strategic initiatives associated with
the City's radio, system and enhancements of our emergency response capabilities as
evident in the construction of a new $10 million Emergency Communications Center
and the continued migration to a digital radio infrastructure that was started in 1999.
This grant program provides a maximum federal award of $6 million, and requires an
additional local match contribution equivalent to 20% of the total funding (maximum total
award of $7.5 million). The cost of the proposal for the regional ORION project totals
$8,163,500. Our application qualified for the full $6 million federal contribution, leaving
the difference of $2,163,500 to be provided as a local match. Virginia Beach is
providing 100% of the local upfront match (other area cities will be responsible for all
ongoing costs and system maintenance). It is possible for Virginia Beach to provide the
entire match by redirecting funding from the current Communications Infrastructure CIP
Project (CIP # 3-281). The funding that is redirected will not impact the current year
replacements; however, the funding provided by this grant will eliminate the need to
fund smaller-scale interoperable communications equipment that was already
programmed, but not appropriated, in the out years of the current CIP. This will allow
that funding to be invested in furthering other emergency communications needs for the
City. A new CIP Project, 3-352, "COPS Interoperable Communications Technology
Grant," is being established to enable this project to proceed.
The initial phases of the project consist of the following basic components:
. Installation of a P25 Multi-Band Master Switch in Virginia Beach;
. Utilize existing radio communications towers and facilities located within the
MSA to house the 700MHz equipment;
0 Tower site in Norfolk
0 Tower site in Chesapeake
0 Tower site in Suffolk
0 Two tower sites in Virginia Beach
Equip first responder command vehicles with IP (Internet Protocol) based
capabilities to facilitate data sharing, file transfers (mug shots) and criminal
application access (Le., CRIMES - Comprehensive Regional Information
Management Exchange System, VCIN - Virginia Criminal Information
Network, JusticeXML, Naval Criminal Investigative Service, and (NCIS) Law
Enforcement Information Exchange (LlnX), etc.);
0 Total of 50 Mobile Data Computers to be divided among the region
Equip first responder command vehicles with hybrid radio mobile equipment
capable of 800 MHz and 700MHz frequencies;
0 Total of 252 radios to be divided among the region
Completion of a needs assessment and an engineering study for future
plans to link the northern MSA with a Redundant Multi-band Master Switch.
.
.
.
.
Considerations:
The ComlTNB911 Division, working with our existing Professional Engineering Firm,
will provide the required analysis and design to facilitate the Request for Proposal (RFP)
procurement process. From the original budget, it is estimated that the total cost for the
hardware and software will be $6,463,000 and the services will be $1,700,500 for a total
of $8,163,500.
The COPS Interoperable Communications Technology Grant award will fund
$6,000,000 and the remaining $2,163,500 in funding is provided as follows:
.
$1,800,000 will be transferred from CIP # 3-281
$363,500 will be appropriated from the fund balance of the E-911
Communications Fund
.
. Public Information:
Public Information would be handled through the normal Council Agenda public
information process.
. Alternatives:
The alternative would be to continue to operate as status quo; however, regional
emergency interoperability would not progress and it would be difficult to ever receive
the adequate funding to implement a regional approach.
. Recommendations:
Approval of proposed ordinance.
. Attachments:
Ordinance
Grant Award Letter
Recommended Action: Approval of Ordinance fldr-
Submitting Department/Agency: Communications and Inf~rmation Technology (Com IT) ~c. . .
City Manager: ~ ~ k. . 'bß ~
AN ORDINANCE TO ESTABLISH CIP PROJECT #3-352,
"COPS INTEROPERABLE COMMUNICATIONS TECHNOLOGY
GRANT," AND TO ACCEPT AND APPROPRIATE
$6,000,000 FROM THE U.S. DEPARTMENT OF JUSTICE
AND APPROPRIATE $363,500 FROM THE FUND BALANCE
OF THE E-911 COMMUNICATIONS FUND TO THIS
PROJECT
WHEREAS, the U.S. Department of Justice has authorized a grant
of $6,000,000 to the City of Virginia Beach as part of the 2003
COPS Interoperable Communications Grant Program, and this grant
requires the remaining $2,163,500 to be provided as a local match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1.
That
CIP
Project
#3-352,
"COPS
Interoperable
Communications
Technology
Grant"
is
hereby
established in the Capital Improvement Program for
the purpose of developing a regional interoperable
communications network.
2.
That $6,000,000 is hereby accepted from the U.S.
Department
of
Justice
and
appropriated
to
CIP
Project #3-352, "COPS Interoperable Communications
Technology
Grant,"
in
the
FY
2004-05
Capital
Budget, with revenue from the federal government
increased.
3.
That $363,500 is hereby appropriated from the fund
balance of the E-911 Communication Fund to CIP
Project #3-352, "COPS Interoperable Communications
Technology Grant," in the FY 2004-05 Capital
Budget, with revenue from local sources increased
accordingly.
4.
That $1,800,000 is hereby transferred in the FY
2004-05 Capital Budget
from CIP Project #3-281,
"CIT - Communication Infrastructure Replacement" to
CIP
Project
#3-352, .
"COPS
Interoperable
Communications Technology Grant."
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2004.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT
ß ì'
TO LEGAL
CA9446
R2
November 23, 2004
H:\PA\GG\ORDRES\COPS Interoperable Communications Grant Ord.doc
U. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division (GAD)
COPS Interoperable Communications Technolo~ Grant Award'
Grant #: 2004INWXOOl9
ORI#: VA12800
Applicant Organization's Legal Name: Virginia Beach, City of
Vendor #: 540722061
PrO2ram Official: Chief Alfred M. Jacocks, Jr.
Address: Municipal Center, Building 11
2401 Court House Drive
City, State, Zip Code: Virginia Beach, VA 23456
Telephone: (757) 427-4141
Fax: (757) 427-9163
Financial Officer: City Manager James K. Spore
Address: Municipal Center, Building 1
2401 Court House Drive
City, State. Zip Code: Virginia Beach, VA 23456
Telephone: (757) 427-4242
Fax: (757) 427-4135
Award Start Date:
Award Amount:
9/112004
$ 6,000,000.00
Award End Date: 8/J 1/2005
Carl R. Peed, Director
~O4
Date
Alfred M. Jacocks, ar.
Chi ef.; of" Pol ice,
Typed Name and Title of the Program Official
Oct. 22. 04
Date
~
.James K. Spore
'q i ty Manag er
Typed Name and Title of the Financial Officer
\Olt'\c-'^ù
~
False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from
participating in federal grants or contracts, and/or any remedy available by law to the Federal Government.
Award ID: 81579
U.s. Department of Justice
Offi ce of Community Oriented Policing Services
Office of the Director
1100 Vermont Avenue, N. W.
Washington, D.c. 20530
September 23,2004
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~"§~;ij;~~¡JfE ~PT..J
Chief Alfred Jacocks, Jr.
City of Virginia Beach
Municipal Center, Building 11
240 I Court House Drive
Virginia Beach, VA 23456
Dear Chief Jacocks, Jr.:
Congratulations! On behalf of Attorney General John Ashcroft, I am pleased to inform you that the
Office of Community Oriented Policing Services (COPS) has approved your agency's request for funding
under the COPS Interoperable Communications Technology Grant Program. The official start date ofyollr
grant is September 1, 2004.
Enclosed in this packet is your grant Award Document, which you must sign and return to the
COPS Office within 90 days to officially accept your grant. Failure to return the signed Award Document
within the 90-day period could result in the withdrawal of the funding without further notice from the COPS
Office.
The Award Document provides the total amount of federal funds awarded to your agency. On the
reverse side of the Award Document is a list of conditions that apply to your. grant. In addition, attached
with your A ward Document are the Construction Grant Conditions. You should read and familiarize
yourself with all conditions of this grant. These must also be signed and returned to the COPS Office to
officially accept the grant. You must comply with the requirements of any special conditions, such as
seeking sole source justification, consultant rate justification above $450 per day, and environmental review
pursuant to the National Environmental Policy Act (NEP A), before you will be able to draw down grant
funds for those purposes. You will also find materials enclosed relating to payment methods and
procedures for receiving your grant funds. Other Ímportant grants management details were already
provided with the Grant Guidance document sent to your agency in June 2004. Information about the
mandatory technical assistance conference will be forthcoming once logistic's are completed. .
Once again, congratulations on your COPS Interoperable Communications Technology award.
Should you have any questions regarding your COPS grant, please do not hesitate to call the Grants
Administration Division point of contact, Pete Borges, at 202-616-9420.
Sincerely,
GJ \( \JQ
Carl R. Peed
Director
U. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division (GAD)
COPS Interoperable Communications Technology Grant Award
I IOI} Vermont Aven"e. NW
Wa.,hingtrm. IX: ](1530
Memorandum
To:
Alfred M. Jacocks, Jr., Chief
Virginia Beach, City of
From:
Robert A. Phillips, Deputy Director of Operations, Grants Administration
Karen Molina, Grant Program Specialist, Grants AdministratiQJ).? . .. ~--/-"~/ /f
Marcia T. Savoy, Staff Accountant, Finance Division ~/~ --!ii,~ø'¥
COPS Interoperable Communications Technology Grant A~d Financial Clearance Memo /'
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines. Exceptions 1 Adjustments are noted below.
Re:
Vendor#: 540722061
OR! #: V A12800
Grant #: 2004INWXOO19
Budget Cate~ory Proposed Bud~et Approved Bud~et Adjustments Disallowed Reasons/Comments
Equipment $6,463,000.00 $6,463,000.00 $0.00
Consultantsl Contractors $1,697,700.00 $1,697,700.00 $0.00
Other $2,800.00 $2,800.00 $0.00
Direct Costs: $8,163,500.00 $8,163,500.00. $0.00
Indirect Costs: $0.00 $0.00 $0.00
"."""""" ",."""""""""", """ "", """, """ """""""""""""""" """"", """""""
Grand Total $8,163,500.00 $8,163,500.00 $0.00
Grand Total: Federal Share: $ 6,000,000.00
Applicant Share: $ 2,163,500.00
Cieared Date:
9/7/2004
Overall Comments:
Prior to the obligation, expenditure or drawdown of grant funds for non-competitive contracts in excess of $100,000, grantee must
submit a sole source justification to the COPS Office for review and approval. Prior to the obligation, expenditure or draw down of
grant funds for independent consultant fees in excess of $450 per day, approval must be obtained from the COPS Office.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Appropriate $18,276,602 in FY 2003-04 Virginia
Beach School Reversion Funds and Additional Revenues to the FY
2004-05 Schools Operating Budget and FY 2004-05 Capital Budget
MEETING DATE: December 7,2004
.
Background: On September 21, 2004, the School Board was presented with a
summary of the unaudited financial statement for FY 2003-04, which contained a
total of $13,205,888 in reversion funds. This amount represents $6,476,862 in
additional revenue and $6,729,026 in expenditures savings. The reversion funds
also include an additional $6,820,714 from FY 2003-04 in additional revenues
that were received in excess of originally budgeted revenues. (The City/Schools
revenue sharing policy provides for the application of the formula to any actual
revenues in excess of budgeted revenues.)
The total of these reversion funds was $20,026,602. On September 28, 2004,
the City Council appropriated $1,750,000 from the reversion funds to the School
Board for the purpose of bus and vehicle replacement, leaving a total of
$18,276,602 for the City Council to appropriate for use by the School Board.
.
Considerations: The Virginia Beach School Board requested, by resolution
adopted on November 16,2004, that the City Council appropriate the remaining
$18,276,602 to the FY 2004-05 School Operating Budget and Capital Budget as
follows:
. $1,500,000 to the Instructional Category for SOL Incentive Funds for
schools
. $5,000,000 to the School Instructional Technology Fund to fund the
cyclical replacement of instructional technology
. $1,800,000 to CIP #1-030, "Telecommunication Infrastructure
Replacement," for equipment and infrastructure
. $3,155,888 to re-establish CIP #1-211, "School Operating Budget
Support," which will fund interior cameras for elementary schools,
updated fire suppression units, digital recorders to replace VCR's in
elementary schools, classroom sets of calculators for elementary
schools, scanners for all schools, and musical instrument repairs and
replacements
. $1,448,021 to the School Reserve Special Revenue Fund bringing the
total in the fund to $2,896,042
,- --
I
. $5,372,693 to newly-established CIP #1-085, "Alternative Education
Facility - Phase II"
.
Public Information: The resolution requesting these appropriations was
approved by the School Board at its November 16, 2004 public meeting.
Information will be disseminated to the public through the normal Council agenda
process involving the advertisement of City Council agenda and public hearings.
.
Recommendations: Adoption of ordinance
.
Attachments: School Board Resolution dated November 16, 2004 regarding the
FY 2003-04 Reversion Funds; Ordinance
Recommended Action: Approval
Submitting Department/Agency: School Board
City Manager: ~ ~ . ð¡J~
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO APPROPRIATE
$18,276,602 IN FY 2003-04 VIRGINIA
BEACH SCHOOL REVERSION FUNDS TO THE
FY 2004-05 SCHOOL OPERATING BUDGET
AND FY 2004-05 CAPITAL BUDGET AND TO
ESTABLISH CIP PROJECT # 1-085,
"ALTERNATIVE EDUCATION FACILITY
PHASE II, " AND RE-ESTABLISH CIP
PROJECT # 1-211, "SCHOOL OPERATING
BUDGET SUPPORT"
6
WHEREAS,
a total amount of $18,276,602 in FY 2003-04 Virginia
7
Beach Public School reversion funds are available for appropriation
8
to the School Board; and
9
WHEREAS, by resolution dated November 16, 2004, the School Board
10
requested the City Council to appropriate these funds to the FY 2004-
11
05 Capital Budget and School Operating Budget.
12
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13
VIRGINIA BEACH, VIRGINIA:
14
1.
That CIP Project # 1-085, "Alternative Education Facility -
15
Phase II," is hereby established,
and CIP Project # 1-211,
"School
16
Operating Budget Support," is re-established.
17
2.
That
$18,276,602
in
school
reversion
funds
are
hereby
18
appropriated from the General Fund to the FY 2004-05 Capital Budget
19
and School Operating Budget in the amounts and for the purposes set
20
forth below:
21
(a)
$1,500,000 to the Instructional Category for SOL Incentive
22
Funds for schools;
23
(b)
$5,000,000 to the School Instructional Technology Fund to
24
fund the cyclical replacement of instructional technology;
25
(c)
$1,800,000 to CIP #1-030, ~Te1ecommunication Infrastructure
26
Replacement," for equipment and infrastructure;
27
( d)
$3,155,888 to CIP #1-211,
~Operating Budget Support," for
28
interior
cameras
for
elementary
schools,
updated
fire
suppression
29
units,
digital
recorders
to
replace
VCRs
in
elementary
schools,
30
classroom sets of calculators for elementary schools,
scanners for
31
all schools, and musical instrument repairs and replacements;
32
(e)
$1,448,021 to the School Reserve Special Revenue Fund; and
33
(f)
$5,372,693 to CIP #1-085, ~Alternative Education Facility -
34
Phase II".
35
3.
That estimated revenue from use of the Fund Balance of the
36
General Fund is increased by $18,276,602.
30
Adopted by the Council of the City of Virginia Beach, Virginia
31
on the
day of
, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~,;~?~
CA9440
R4
December 1, 2004
H:\PA\GG\ORDRES\2004 Reversion Ord.doc
\\ )y¡;)oq '1- lAPO~~~
+ IRGINIA BEACH CITY ~~BLlC SCHOOLS
AHEAD OF THE CURVE
MEMORANDUM
FROM:
vMr. James K. Spore, City Manager
Mrs. Ruth Hodges Smith, City Clerk
Dianne P. Alexander, Secretary/Clerk of the Board~k
School Board Services
TO:
SUBJECT: School Board Resolution
DATE:
November 17, 2004
Please find attached certified copies of a RESOLUTION REGARDING FY2003/04
REVERSION AND ACTUAL OVER BUDGET FUNDS adopted by the School Board of
the City of Virginia Beach, November 16, 2004. The Clerk of the School Board is
directed to deliver copies to the Mayor, each member of the City Council, the City
Manager, and the City Clerk.
feel free to contact me should you have any questions.
Attachment
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School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038
'..
. "
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 . CenlervŒle
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) .717-0259 (celij
Sandra Smilf1.Jones
Vice Chairman
DIstrIct 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (hI
Rita SWeet Bellitto
At-large
P.O. Box64S09
VA Beach, VA 23467
418-0960 (h)
Jane S. Brooks
DIs1rict 6 - Beach
721 HUItop Road
VA Beach, VA 23454
425-1597 (h)
Emma L "Em" DavIs
DistrictS. Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Edward F. F'lSslnger, Sr.
At.l.aIge
412 BecIon Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
DIstrIct 4 - Bayside
4617 Red Coat Road
VA Beach, VA 23455
490-3681 (hI
Michael W. Stewart
District 3. Rose Hall
105 Brentwood Court
VA Beach, VA 23452
498-4303 (hI . 445-4637 (wI
Ar1hurT. Tate
At-Large
1709ladysmith Mews
VA Beach, VA 23455
460-5451 (hI
Carolyn D. Weems
At-Large
1420 Claudia Drive
VA8each, VA 23455
464-6674 (hI
lois s. Williams, Ph.D.
District 7 - Princess Anne
2532 Las Corrales Court
VA Beac:ll, VA 23456
233-0891 (w)
SUPERINTENDENT
TImothy R. Jenney, Ph,D.
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RESOLUTION REGARDING FY 2003/04 REVERSION AND ACTUAL OVER BUDGET FUNDS
WHEREAS, on September 21, 2004 the School Board was presented with a summary of the un-audited financial
statement for FY 2003/04 realizing $13,205,888 in reversion funds; and
WHEREAS, the reversion funds are the result of $6,476,862 in additional revenue and $6,729,026 in expenditures
savings; and
WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess
of budgeted revenues; and
WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to non-
recurring purposes; and
WHEREAS, the total funds available to the School Board are $20,026,602; and
WHEREAS, on September 28, 2004, the City Council appropriated $1,750,000 from the reversion funds to the
School Board for the purpose of bus and vehicle replacement; and
WHEREAS, the total remaining to the School Board for allocation is $18,276,602; and
WHEREAS, the Administration recommends the following uses for the $20 million available:
. $1,500,000 to the Instructional Category for SOL Incentive Funds for schools
. $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of
instructional technology (infrastructure and equipment)
. $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and infrastructure
. $2,000,000 to CIP 1-211 Operating Budget Support for interior cameras for elementary schools, to update
the fire suppression units, to replace VCR's in elementary school with digital recorders
. $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary
Schools, scanners for all schools and musical instrument repairs and replacements
. $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042
. $5,372,693 Altemative Education Facility - Phase II
Now, therefore, be it
RESOLVED: That the Board approves the recommended uses of the FY 2003/04 reversion and Actual Over
Budget funds as presented by the Administration; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of
the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City
Manager, and the City ClerIc
Adopted by the School Board of the City of Virginia Beach this 16th day of November 2004
~~
v-
SEAL
Attest:
~tJ. ~
. Dianne P. Alexander, Clerk of the Board
CERTIFIED TO BE A TRUE
AND CORRECT COpy
'lðJA~ ~~. "
G19rk¡ $01'1001 Board ofthe. ....'
CItY 01 VirginIa 98'01'1 . ., .
School Administration Building' 2512 George Mason Drive' P.O. Box 6038 . Virginia Beach, VA 23456-0038
+'RGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
Subject: FY04 Reversion and Actual Over Bud2et Funds Resolution
Item Number: 13C
Section: Consent
Date: November 16. 2004
Cabinet Member: Mrs. Victoria L. Lewis
Prepared by: Mrs. Victoria L. Lewis
Presenter(s): Mrs. Victoria L. Lewis. Chief Financial Officer
Recommendation:
It is recommended that the School Board approve the recommended uses of the projected reversion and actual
over budget funds.
Background Summary:
Source:
Budget Impact:
Strategic Plan Reference:
œ.
...
...... ~I '
RESOLUTION REGARDING FY 2003/04 REVERSION AND
ACTUAL OVER BUDGET FUNDS
WHEREAS, On September 21, 2004 the School Board was presented with a summary of the un-audited
financial statement for FY 2003/04 realizing $13,205,888 in reversion funds; and
WHEREAS, the reversion funds are the result of $6,476,862 :in additional revenue and $6,729,026 in
expenditures savings; and
WHEREAS, the Revenue Sharing Policy provides for the application of the fonnula to any actual revenues
:in excess of budgeted revenues, and
WHEREAS, the FY 2004/05 Actual Over Budget provides $6,820,714 for allocation by the School Board to
noo~~gp~ses;and
WHEREAS, the total funds available to the School Board are $20,026,602 and
WHEREAS, on September 28,2004, the City Council appropriated $1,750,000 from the reversion funds to
the School Board for the purpose of bus and vehicle replacement, and
WHEREAS, the total remaining to the School Board for allocation is $18,276,602 and
WHEREAS, the Administration reconunends the following uses for the $20 million available:
. $1,500,000 to the Instructional Category for SOL Incentive Funds for schools
. $5,000,000 to Fund 108, School Instructional Technology Fund to fund the cyclical replacement of
instructional technology (infrastructure and equipment)
. $1,800,000 to CIP 1-030 Telecommunication Infrastructure Replacement for equipment and
infrastructure
. $2,000,000 to CIP 1-211 Operating Budget Support for interior cameras for elementary schools, to
update the fire suppression units, to replace VCR's:in elementary school with digital recorders
. $1,155,888 to CIP 1-211 Operating Budget Support for classroom sets of calculators for Elementary
Schools, scanners for all schools and musical instrument repairs and replacements
. $1,448,021 to the School Reserve Special Revenue Fund bringing the total in the fund to $2,896,042
. $5,372,693 Alternative Education Facility - Phase II
now,tberefore, be it
RESOLVED: That the Board approves the reconnnended uses of the FY 2003/04 reversion and Actual
Over Budget funds as presented by the Administration; and be it further
RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the
City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 16th day of November, 2004.
SEAL
Daniel D. Edwards, Chainnan
Attest:
Dianne P. Alexander, Clerk of the Board
,~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Appropriate $6,266,052 in Additional Grant
Funding to the School Grants Fund in the FY 2004-05
Operating Budget
MEETING DATE:
December 7,2004
. Background: On May 25,2004, the School Board adopted its Operating
Budget. In this budget, $49,117,027 was contained in the FY 2004-05 School Grants
Fund; this amount was based on estimates made, in some cases, several months prior
to actual awards.
Since then, the amount of some grant awards has increased and additional categorical
grants have been awarded. The net increase in grant award amounts is $6,266,052,
resulting from $3,868,455 in additional federal funds, $2,369,585 in additional state
funds, and $28,012 in new funds from other sources.
As noted in local newspaper articles, an additional federal grant awards is $466,967
from the U.S. Department of Education's Office of Safe and Drug-free Schools. This
grant is to strengthen the school division's emergency preparation and response plan to
effectively deal with a wide range of crises.
Considerations:
The following table illustrates the adjustments to the FY 2004-05 School Grants Fund as
a result of these additional funds.
Additional
FY 2004-05 Appropriations FY 2004-05
School Grants Fund Adopted Budget Requested Adjusted Budget
Revenue
Federal $36,864,698 $3,868,455 $40,733,153
State $12,252,329 $2,369,585 $14,621,914
Other $28,012 $28,012
Total $49,117,027 $6,266,052 $55,383,079
. Public Information:
The resolution requesting these appropriations was approved by the School Board at its
November 3,2004 public meeting. Information will be disseminated to the public
through the normal Council agenda process of advertising the agenda items.
.
Recommendations: Adoption of ordinance
.
Attachments: School Board Resolution dated November 3, 2004; Ordinance
Recommended Action:
Submitting Department/Agency: School Board
City Manager: ~ 'L."bßn>1
1
2
3
4
5
6
7
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $6,266,052 IN ADDITIONAL
GRANT FUNDING TO THE SCHOOL GRANTS
FUND IN THE FY 2004-05 OPERATING
BUDGET
6
WHEREAS, a total amount of $6,266,052 in additional school grant
7
funds are available for appropriation; and
8
WHEREAS,
by resolution dated November 3,
2004,
the School
9
Board requested the City Council to appropriate these funds to the
10
School Grant Fund in the FY 2004-05 Operating Budget.
11
NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12
VIRGINIA BEACH, VIRGINIA:
13
1.
That
$3,868,455
is
hereby
accepted
from
the
federal
14
government and appropriated to the School Grant Fund in the FY 2004-
15
05
Operating
Budget,
with
revenue
from
the
federal
government
16
increased accordingly.
17
2.
That
$2,369,585
is
hereby
accepted
from
the
state
and
18
appropriated to the School Grant Fund in the FY 2004-05 Operating
19
Budget, with revenue from the state government increased accordingly.
20
3.
That
$28,012
is
hereby
accepted
from other
sources
and
21
appropriated to the
School Grant
Fund in the
FY
204-05 Operating
22
Budget, with revenue from other sources increased accordingly.
30
Adopted by the Council of the City of Virginia Beach, Virginia
day of
, 2004.
31
on the
32
- - - - - - - - - - - -I
32
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
B
CA9445
R2
H:\PA\GG\ORDRES\School Board Grant ord.doc
November 23, 2004
+IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
SCHOOL BOARD
Daniel D. Edwards
Chairman
District 1 - CentelVille
1513 Beachview Drive
VA Beach, VA 23464
495-3551 (h) . 717-0259 (celij
Sandra Smlth-Jones
Vice Chairman
District 2 - Kempsville
705 Rock Creek Court
VA Beach, VA 23462
490-8167 (h)
Rita Sweet Sellitto
At-Large
P.O. Box 64909
VA Beach, VA 23467
418-0960 (h)
Jane 50 Brooks
District 6 - Beach
721 Hiltop Road
VA Beach. VA 23454
425-1597 (h)
Emma L "Em" Davis
Distticl5. Lynnhaven
1125 Michaelwood Drive
VA Beach, VA 23452
340-8911 (h)
Edward F. Fisslngar, Sr.
At-Large
412 Becton Place
VA Beach, VA 23452
486-4567 (h)
Dan R. Lowe
District 4 - Bayside
4617 Red Coal Road
VA Beach, VA 23455
490-3681 (h)
Michael W. Stewart
DIstrict 3 - Rose HaU
1 05 BrenIWOOd Court
VA Bm, VA 23452
498-4303 (h) . 445-4637 (w)
ArthurT. Tate
At-Large
1709 Ladysmith Mews
VA Beld', VA 23455
460-5451 (h)
Carolyn D. Weems
At-Large
1420 Claudia Drive
VA Beach, VA 23455
464-6674 (h)
Lois S. WIlliams, Ph.D.
Dlstrlcl7 - Princess Anne
2532 Las Corrales Court
VA Beach, VA 23456
233-0891 (w)
SUPERINTENDENT
TImothy R. Jenney, Ph.D-
2512 George Mason Drive
VA Beach, VA 23456
263-1007
RESOLUTION REQUESTING ADDITIONAL GRANT APPROPRIATIONS
WHEREAS, on May 25, 2004 the School Board adopted a budget for Grants and Other
Funds totaling $90,759,828; and
'VHEREAS, the amount appropriated for Categorical Grants is $49,117,027; and
WHEREAS, the budget estimates used for the categorical grant awards are made
several months prior to the actual award of the grant; and
WHEREAS, increases in grant award amounts and additional categorical grants have
been awarded since the adoption of the budget as shown in Attachment A; and
WHEREAS, an increase of $6,266,052 in the appropriation for Grants and Other Funds
for FY 2004/05 is required to access these available; and
WHEREAS, the new appropriation level for Grants and Other Funds should be
$97,025,880.
. Now, therefore, be it
RESOLVED: That the Board requests that the FY 2004/05 appropriation for Grants
and Other Funds be increased by $6,266,052 to $97,025,880; and be it further
RESOLVED: That a copy of this resolution be'spread across the official minutes of this
Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the
Mayor, each member of City Council, the City Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 3rd day of November,
2004
~~
Daniel D. Edwards, Chairman
SEAL
Attest:
1.l4. eo- ~ v 19. ~
Dianne P. Alexander, Clerk of the Board
CERTIFIED TO BE A TRUE
AND CORRECT COpy
~ f, ~dM-
. Öletk. scnool 8olrel of tl'll
CIty of Virginia I!sftch
School Administration Building. 2512 George Mason Drive. P.O. Box 6038 . Virginia Beach, VA 23456-0038
Resolution Requesting Additional Grant Appropriations
Attachment A
November 3, 2004
Grant Name
Original Budget
Tot~1 Appropriation
required
Adjustments to total'
appropriation by
individual grant
Assistive Technology FY04 972
Carl Perl<irts FY05 1,061,325 1,115,870
Comprehensive School Reform FY03 1,182
Comprehensive School Reform FY04 ---- - ---- 20,618
Comprehensive School Reform FY05 ...- -- - 50,000 - ---- ~ 50,000
DEQ VEPCO School Bus Retrofit FY05 353,401
--
Emergency Response Crisis Management 466,967
English Literacy Civics Ed FY05 24,313. 37,455
HSTW Bayside FY04 7,210 .
HSTW Bayside FY05 11,250 11,250
HSTW First Colonial FY04 5,779
HSTW First Colonial FY05 11 ,250 11,250
HSTW Green Run FY04 7,976
HSTW Green Run FY05 11,250 11,250
HSTW Kellam FY05 11,250 11,250
HSTW Ocean Lakes FY05 11,250 11,250
HSTW Salem FY04 6,870
HSTW Salem FY05 11,250 11,250
HSTW Tallwood FY04 6,393
HSIW Tallwood FY05 11,250 11,250
Instructional Support Team FY05 10,000 10,000
McKinney Homeless FY04 5,174
McKinney Homeless FY05 40,000 40,000
Preschool FY04 33,511 46,858
Preschool FY05 551,460 524,406
Preschool Grant B FY05 524,662
Refugee School Impact FY05 3,592 3,592
Safe and Drug Free FY04 153,012
Safe and Drug Free FY05 388,530 356,983
Sliver FY04 65,160
Sliver FY05 128,550. 126,394
Teaching American History (HEART) FY04 94,199 94,199
Teac!1ing American History (HEART) FYO5 314,088 574,652 260,564
Title I Part A FY04 906,433 363,417 (543,016)
Title i Part A FY05 9,582,370 I 11,515,610 1,933,240
TItle i Part D FY04 23,809 23,809 .
Title i Part D FY05 72,398 54,626 (17,772)
Title it FY03 73,335 73,335
Title II FY04 963,430 1,235,865 272,435
TItle II FY05 2,759,841 2,833,414 73,573
Title II Part 0 FY04 90,600 53,170 (37,430)
TitiellPartDFY05 256,231 269,407 13,176
---
Title III FY04 34,179 34,179
Title III FY05 106,916 81,435 (25,481)
Title V FY03 93,077 93,077
-- ._--
Title V FY04 323,283 535,762 212,479
-'--- -
Title V FY05 "---.. --------.. 624,118 482,939 - .- ... (141,179)
TitieVI-BFY03 -..--.- . .--. -..-.....1. -- - - . "" .135,357 -- - 135,357
TitieVI-BFY04 . .....--. -.. ---------.-.1....-.--. ..3,968,812 -.._.___.2,900,932,. - - (1,067,880)
Title VI-B FY05 1 13,987,151 14,262,177 275,026
US Dept Energy/HR Clean-Cities Corp FY05 -"--'.-"~~._'.~--..:._.- --~---_.- 90,000 .~--'-== 90,000
ProtectandRespectlntergenerationalFY04- . ..-.............-"': -. -----. 10,105 - - .. 10,105
Reserve for Contingency. -.----. ""'n.'" J 444,797 1,000,000 555,203
Total Federal Grants 1 36,864,698 40,733,153 3,868,455
972
54,545
1,182
20,618
353,401
466,967
13,142
7,210
5,779
7,976
6,870
6,393
5,174
13,347 .
(27,054)
524,662 .
153,012
(31,547)
65,160
(2,156)
Page 1 of 2
Resolution Requesting Additional Grant Appropriations
Attachment A
November 3, 2004
r
Grant Name
rAMS Program
Sertoma FY04
Yirginia Geographical Alliance FY03
~ Shore Circle of the Kings Daughters f.X9_~.
Total Other Grants
:Technology Initiative FY03
Algebra Readiness FY03
SOL Remediation FY04
:Technology Initiative FY04
Algebra Readiness FY05
.Early Reading Intervention FY05
ISAEP FY05
New Teacher Mentor FY05
Special Ed Jail Program FY05
VA At Risk 4 Yr OIds
Detention Home FY04
Career Switcher FY04
Calculator Grant FY05
PASS Partners FY05
Technology FY05
Reserve for Contingency
Total State Grants
Total Grants
Increase in appropriation
.-....'. ..... '--'_d'. -- - --'
.--------- .-
20,519 20,519
- 2,500 2,500
3,493 ---- 3,493
1,500 1,500
28,013 28,013
---
1,613,000 1 ,236,485 . (376,515)
229,666 229,666
376,822 376,822
2,712,000 2,743,200 31,200
696,840 643,615 (53,225)
952,622 1,057,142 104,520
62,869 62,869
97,739 97,739
115,782 116,300 518
3,801,600 3,801,600
734,076 734,076
3,000 3,000
Original Budget
2,199,877
12,252,329
49,117,027 )
Total Appropriation
required
Adjustments to total
appropriation by
individual grant
.
272,063 272,063
4,136 4,136
2,743,200 2,743,200
500,000 (1,699,877
14,621,914 2,369,585
55,383,079 6,266,052
I 6,266,052
Page 2 of 2
-,.",,-.-.
TH~ BEACON
THURSDAY, NOVEMBER 4, 2004
..
. Safe Schools helps Beach
prepare for. crisis scenarios
BY CAR()LE O'KEEFFE
, . 1HE VlRGlNJAN.I>¡(qr ,
. PRINCESS ANNE - Some~ .
tþii1g tem'ble isgóing, to hap- .
pen in B, V¡rgùiia' Beach school
on.Aprilll. ~-
Well, not re¡illy. '
. But adIninistrators and
staffatone,schoôl- stUdents
have the dayo(ì -will face
asÚDUlated disaster to test'."
,the"',:SyStem'snew 'readiness,
'progr~~ " ,: , ' . ,
, : . Adiriinistrat(Írsatß¡e,cho;.'
, .seri'school willbèalerted thàt
; they.håyeþeéntái'geted; But
, th~y'\Von:t'kriow tlj~.'~ d~tills
of ,asCenariodeveIQpêd, to "
testa,.prôgr,¡ûÎ): thàthåsthus . , " . .' ,'. . .CAROLE O'KEEFfE .
. far..be~n:.plåyec1o\J:târoúnêr.a Daiu:JY,Anglln~Jefti coordinatcir of SafeSchools;BUI',Peàchy,.a,~',
,èClñfereljcetäble; . '," '" $çhQÓlss~~lall~; RlChardPo~fdirecitorofSäfe~.hoOISând.'I1rn
. ,"Can' we 'máJÛige a CriSis? Jack$Cin,,¡aSarØSCboolsspeciall$t,',dl$cUSsplansfor'VirginlaBèaCh
Cån. wetO.nmuiÜcate to,;the PUbt.c:~hOC)Is!ê,.œrgênCY ~på,~ fa~drespor¡sePIåJ1. . ,'" '
,'publi,ê?":s~d's~e:schoô1s:l)pe~ ' .' . '. ,,' ",'
icialistTi1'D:Ja'cksOö;'., ",', propoSäl.' ,','. ',tionplan." .
.;":~vï:rgürlå.;~ç1iGityPuþ... 'Yu:~:Beach. Was one,of ,"In" a, reål:~risis; 'parents
1ic:.8ëhôÓ1S: Teceiv:eda safe," more tbanlOO s¿hõOlcdiViSions woùlähave.to'be told where
:Schoolsgrarit'ófnêarly. âcrQs$'::11ìènafioil. 'approv:êd '" tQmeêtilieir children, ~onti
$5OÒ;OOQhöÌI1the¡tS~Dép~-, t9implèœent..thç18:-IÍ:1ónth'n<~ted,"; .<. ;' '--.c' ',' "
'merit~fEdúçâJio~'$Off!êê'òf'graJlt,:,élIidori1tth~;seco~din., ,'~vçrybo4y's ,involv~~. in
:Sate and Drug.FreeSchoo1s;< , Hamptnn ;Roads. " ' ," ' schoolsafetý/'JacksQn.sæd.
Theprõg¡;am;:pUllstógether 'Y:IrgunaBeacbschoolshave The~nt..:':Covets wired
repr(isèntati\TêS from the been working :.<)nemergenêy 'andwjrêless' êODlIílú11Ícation
sêhoôÙ1, poliCe; tire, resèue, . 'Pl"êparatiorifórseveralyèårs~ . êqw.pment,wliges forsú,bsti-
public ,and mental health "Wbåtwe^ were already' tùte'swhô'have' filled! in while
, departments toresearch,pJan,. Qoing tied right into what the teaêhêI's,ãfêtrained,óv.~è
practice'and ,evaluate emer- .grantwas ',' all. about/' 'POl1,ti foi'emploYee$intr~g,and'
gency J,"êsponses,to a wide said '. '. " . ' docuínentsforparents bn.safe
range of. ërises, said Nancy The ,April nexercise will schooltactl.êS. " .
. Soscia,public relations coordi- briögeniêrgency' responders "'i'beproceduresare ,in
natorfor. thecity,schQq1s." to the site. School staff will pÙice:go'o/",saidBiUPeachy, a
Richar<iPont:ï; director of 'have. to utilize emergency SafèSchools špecialis1:. "Now
. the OffiCe of safe Schools respOnse and, safe schoö1séomés:thè test"
. and RiSk Maruigemêntj is eo- procedúres.'Me~and,<;om- ",'
, 'ordini\ting.thê "projêët.:Henîunicittionsoffiees ofthecity . For furt~rinforTnanon on
, and.Soscia':Spent more than and' s¿hooldivision wi1l:hàve. sc'/ipol safèty;êall427~7280, or
a móntlÎ.writing .the grant to utilize a jomt commú11Íca- viSitwww,vb~.com. '
.' .'
, '
~~1tnJ::ories G'RAND Op.ENING .~,,' "',, ,
Sterlii1gSilver " "', ,,',", ',"". '".
Han,dba,gS',\sato NOVo6,t, h - S.,a, '1," N,' ~Vo13t,h,' '," Ma,g,netiC
and more" , . 10:00am-6:00pm. . - ~ 'Bra.celots
~ . Saturday 11/6 .1&- ..sØ
Virginia Beach City Public Schools News Release
Page 1 of 1
...'
It, tt. Þ.
FOR IMMEDIATE RELEASE
Date: 10/13/04
News Release No. 47
Virginia Beach City Public Schools Awarded
Safe Schools Grant
Virginia Beach City Public Schools received a grant totaling $466,967.00 from the
U.S. Department of Education's (DOE) Office of Safe and Drug-Free Schools to
strengthen the school division's emergency preparation and response plan in order
to effectively deal with a wide range of crises. This significant grant will enable the
school division, for the first time. to develop a sustainable joint emergency response
plan - coordinated by Virginia Beach City Public Schools and the City of Virginia
Beach. The DOE sponsors this grant to emphasize the importance of collaboration
between local school divisions and other first responders-fire, police, health,
mental health and community groups - during emergency situations.
"In this era when there is much emphasis on the need to ensure schools across the
nation are a safe haven for students and staff, the funding from this grant will enable
the school division's Office of Safe Schools and Risk Management to improve aU
phases of crisis management for nearly 76,000 students and 12,000 employees,"
said superintendent Tim Jenney. "Funding from this grant presents an opportunity to
partner with city agencies and their respective resources as it relates to emergency
preparedness in our schools."
During the next 18 months, both school and city staff will work together to evaluate
current safe schools plans. develop training, purchase equipment, review
policies/procedures, and ultimately implement a comprehensive safe schools plan to
be reviewed and updated on an annual basis.
Virginia Beach City Public Schools is one of two school divisions in the state to
receive this 18-month grant. School divisions, across the nation, compete annually
for funding made available through the Emergency Response and Crisis
Management Grant Program. Approximately 109 school divisions across the nation
received grants ranging from $55,000 to $500,000.
###
Disclaimer. &iie Map
~t.~rp.CH
~o"" .'
http://www.vbschools.comlprfy05/047.htm]
11/5/2004
,~
---
CITY OF VIRGINIA BEACH
AGENDA ITEM
)
.-.-
ITEM: Resolution concurring with the issuance by the Industrial Development Authority
of the Town of Mount Jackson, Virginia of Bank-Qualified Revenue Bonds in an amount
not to exceed $2,000,000 to be issued for Beth Sholom Home of Eastern Virginia to pay
a portion of the costs of the renovation, expansion and equipping of an approximately
75,000 sq. ft., 120 bed nursing home facility located at 6401 Auburn Drive, Virginia
Beach, VA 23464
MEETING DATE: December 7,2004
.
Background:
The City of Virginia Beach has been asked to consider the request of Beth
Sholom Home of Eastern Virginia (the "Applicant") for concurrence with the
issuance by the Industrial Development Authority of the Town of Mount Jackson,
Virginia (the "Mount Jackson Authority") of up to $2,000,000 in Bank-Qualified
revenue bonds to assist the Applicant in (i) paying a portion of the costs of the
renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed
nursing home facility located at 6401 Auburn Drive, Virginia Beach, VA 23464;
and (ii) pay certain costs of issuance relating to the bonds.
The City of Virginia Beach Development Authority is unable to provide Bank-
Qualified financing to the Applicant. Bank-Qualified bonds are a type of
municipal bond issued by jurisdictions that issue less than $10 million of tax-
exempt bonds in a calendar year.
Bank-Qualified bonds are specifically excluded from the multi-jurisdictional bond
fee policy adopted by the Virginia Beach Development Authority.
.
Considerations:
The matter comes before Council for its approval pursuant to § 15.2-4905 of the
Code of Virginia which requires the City Council to concur with the issuance of the
bonds by the Mount Jackson Authority.
.
Public Information:
The request was duly advertised on November 4,2004 and November 11 ,2004 for
public hearing before the City of Virginia Beach Development Authority, which has
adopted a Resolution recommending that the City Council approve the issuance of
the bonds.
.
Alternatives:
Not Approve, which would result in the bonds not being issued for the facilities.
.
Recommendations:
Approval
. Attachments:
lOP Submission to Council
Location Map
Resolution for City of Virginia Beach
Affidavit to Publication and Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosure Statement
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development dated November 18, 2004
Inducement Resolution from the Industrial Development Authority of the Town of Mount
Jackson, Virginia
Concurrence Resolution from the Town Council of the Town of Mount Jackson, Virginia
APPROVAL
Submitting Department/Agency: Development Authority
~~::a~::~~,J~_.~~
1
2
3
4
5
6
7
8
A RESOLUTION CONCURRING WITH THE
ISSUANCE BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE TOWN OF MOUNT JACKSON,
VIRGINIA OF BANK QUALIFIED REVENUE BONDS
IN AN AMOUNT NOT TO EXCEED $2,000,000 FOR
BETH SHOLOM HOME OF EASTERN VIRGINIA
WHEREAS, there has been described to the City of Virginia Beach Development
9
Authority (the Virginia Beach Authority) the plans of Beth Sholom Home of Eastern Virginia
10
(the Applicant), the principal business address of which is 6401 Auburn Drive, Virginia Beach,
11
Virginia 23464, for the issuance by the Industrial Development Authority of the Town of Mount
12
Jackson, Virginia (the Mount Jackson Authority), of bank qualified revenue bonds in an original
13
principal amount not to exceed $2,000,000 (the Bonds) to pay a portion of the costs of the
14
renovation, expansion and equipping of an approximately 75,000 square foot, 120 bed nursing
15
home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, for working
16
capital for the Applicant, and for a portion of the costs of issuing the Bonds described below
17
(collectively, the "Project"); and
18
19
20
WHEREAS, the Project will be owned by the Applicant; and
WHEREAS, it has been represented to this Council that the Mount Jackson Authority
21
held a public hearing with respect to its bonds on November 9,2004, and adopted an approving
22
resolution (the Mount Jackson Authority Resolution) with respect to such bonds on that date; and
23
WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as amended (the
24
Virginia Code), provides that this Council must concur with the adoption of the Mount Jackson
25
Authority Resolution prior to the issuance of the Bonds; and
26
WHEREAS, it has been represented to this Council that a public hearing with respect to
27
the Bonds as required by Virginia law and the Internal Revenue Code of 1986, as amended (the
28
Code), was held by the Virginia Beach Authority on November 18,2004; and
982236vl
29
WHEREAS, on November 18, 2004, following the conclusion of its public hearing, the
30
Virginia Beach Authority adopted a resolution (the "Virginia Beach Authority Resolution")
31
recommending that this Council concur with the Mount Jackson Authority Resolution; and
32
WHEREAS, the Code and Section 15.2-4906 of the Virginia Code provide that the
33
highest elected governmental officials of the governmental unit having jurisdiction over the area
34
in which any facility financed with the proceeds of a private activity bond is located shall
35
approve the issuance of such bond; and
36
WHEREAS, the property to be financed with the Bonds is located in the City of Virginia
37
Beach and the members of this Council constitute the highest elected governmental officials of
38
the City of Virginia Beach; and
39
WHEREAS, a copy of the Mount Jackson Authority Resolution and the Virginia Beach
40
Authority Resolution, and a statement in the fonn prescribed by Section 15.2-4907 of the
41
Virginia Code have been filed with this Council
42
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
43
OF VIRGINIA BEACH, VIRGINIA:
44
1.
The recitals in the preambles hereto are adopted as a part of this resolution as if
45
fully written herein.
46
2.
The Council concurs with the adoption of the Mount Jackson Authority
47
Resolution and approves the issuance of bonds by the Mount Jackson Authority, all to the extent
48
required by the Code and Section 15.2-4905 of the Virginia Code.
49
3.
The concurrence with the Mount Jackson Authority Resolution, and the approval
50
of the issuance of the Bonds as provided above, as required by the Code and Sections 15.2-4905
51
and 15.2-4906 of the Virginia Code, does not constitute an endorsement to a prospective
982236vl
52
53
54
55
56
57
58
purchaser of any bond of the creditworthiness of the Applicant and the Bonds shall provide that
the City of Virginia Beach shall not be obligated to pay the Bonds or the interest thereon or other
cost incident thereto and neither the faith or credit nor the taxing power of the Commonwealth of
Virginia or the City of Virginia Beach shall be pledged thereto.
4.
This resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the - day of
December, 2004.
59
60
61
62
g~
65
66
67
68
69
70-
71
72
73
74
75
76
City Clerk
CA9399
November 23,2004
APPROVED AS TO LEGAL
SUFFICIENCY:
~4t
City Attorney
982236vl
VIRGINIA
BEP~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
December 7, 2004
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, V A 23456
Re:
Beth Sholom Home of Eastern Virginia
Bank Qualified Revenue Bonds
Dear Mayor Obemdorf and Members of City Council:
We submit the following in connection with project for Beth Sholom Home of Eastern
Virginia, a not-for-profit, non-stock Virginia corporation ("BSHEV") located at 6401 Auburn Drive
in the City of Virginia Beach, Virginia.
(1) Affidavit to Publication and Notice is Exhibit A, the Notice of Public Hearing is
attached as Exhibit B, and a summary of the statements made at the public hearing is attached as
Exhibit C. The City of Virginia Beach Development Authority's (the "Authority") resolution
recommending Council's approval is attached as Exhibit D.
(2) The Disclosure Statement is attached as Exhibit E.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the bonds described above is
attached as Exhibit F.
(4) The Fiscal hnpact Statement is attached as Exhibit G .
(5) Attached as Exhibit H is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit I is a letter from the appropriate City department commenting on
the Project.
The Honorable Meyera E. Obemdorf, Mayor
Members of City Council
December 7,2004
Page 2
(7) Attached as Exhibit J is an Inducement Resolution from the Industrial Development
Authority of the Town of Mount Jackson, Virginia.
(8) Attached as Exhibit K is a Concurrence Resolution from the Town Council of Town of
Mount Jackson, Virginia
Very truly yours,
NH/mlg
Enclosures
H:IOID\REAL ESTATEIDEVAUTHIBONDIWORKIDAI575 Beth SholomlDA Council Ltr City & Other Funds.doc
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PROJECT:
Approx. 75,000 sq. ft., 120 bed nursing home facility
LOCATION:: ~
6401 Auburn Drive at College Park Boulevard
'-
BOND AM0UNT:
Not to exceed $2,000,000
The Virginian-Pilot
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and after being duly sworn, made oath that: I
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AD SPACE: 104 LINE
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Exhibit A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
WILLIAMS, MULLEN, HOFHEIMER, N
SUITE 1700
999 WATERSIDE DR
NORFOLK VA 23510
REFERENCE: 39078253
12251201
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
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: 11/04 11/11
TOTAL COST:
FILED ON:
-------------------
state on the day and year
commission expires January 31, 2008
Exhibit B
[Virginian-Pilot publication dates: Nov. 4, 2004 and Nov. 11,2004]
NOTICE OF PUBLIC HEARING OF THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
THURSDAY, NOVEMBER 18, 2004
All persons interested'in the proposed issuance of the below-mentioned bonds by the
Industrial Development Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson
Authority") should take notice that the City of Virginia Beach Development Authority (the "Virginia
Beach Authority") will hold a public hearing on the subject of such bonds and the related plan of
fmancing on Thursday, November 18, 2004, at 2:00 p.m., in the Virginia Beach Authority's offices
at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, which hearing may be adjourned or
continued without further notice. The maximum amount, initial owner or operator of the facility to
be financed thereby, location of the facility to be financed thereby and purpose of the bonds being
considered are as follows:
$2,000,000 Industrial Development Authority of the Town of Mount Jackson,
Virginia Bank Qualified Revenue Bonds (BSHEV Project), for the benefit of Beth
Sholom Home of Eastern Virginia, a not-for-profit Virginia non-stock corporation
(the "Applicant"), for the purposes of (1) fmancing a portion of the cost of the
renovation, expansion and equipping of an approximately 75,000 square foot, 120
bed nursing home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia
23464, (2) providing working capital and (3) paying a portion of the costs of the
issuance of the bonds (collectively, the "Projectfl).The Project will be owned and
operated by the Applicant, whose principal place of business is located at 6401
Auburn Drive, Virginia Beach, Virginia 23464.
Said bonds, if issued, will not create a debt or pledge of the faith and credit of the
Commonwealth of Virginia, Shenandoah County, the Town of Mount Jackson, the Mount Jackson
Authority, the City of Virginia Beach or the Virginia Beach Authority, and will not be payable from
state or local tax revenues. Rather, such bonds will be limited obligations of the Mount Jackson
Authority, payable solely fÌ'om funds provided by the beneficiary of the bonds.
A copy of the Applicant's application is available for inspection at the Virginia Beach
Authority's office, at 222 Central Park Ave., Suite 1000, Virginia Beach, Virginia, during business
hours. Any person interested in the issuance ofthe bonds or the location or nature of the proposed
project may appear at the hearing and present his or her views. Written comments regarding the
proposed resolution may be forwarded either to the Virginia Beach Authority prior to the public
hearing in care of Ms. Linda Sheehan, at the above location or by mail~ or to the Virginia Beach
Authority during said hearing. Any disabled person who will require an accommodation to
participate in the public hearing is requested to call the Authority at least three (3) days in advance of
the public hearing.
City of Virginia Beach Development Authority
982371vl
Exhibit C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
NOVEMBER 18, 2004, AT 2:00 P.M.
(BSHEV PROJECT)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Beth Sholom Home of Eastern
Virginia, a not-for-profit, Virginia non-stock corporation (the "Applicant"), and that a notice of the
public hearing was published once a week for two consecutive weeks in a newspaper having general
circulation in the City of Virginia Beach, Virginia, one publication being not less than 14 days prior
to the hearing and both publications being not less than 6 days and not more than 21 days prior to the
hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such
notice were being filed with the records of the City Council of the City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. William L. Nusbaum appeared as bond counsel on behalf of the Applicant. Mr.
Nusbaum gave a brief description of the Project (defined below). He explained that (1) the
Applicant was seeking the issuance of not to exceed $2,000,000 of "bank qualified" tax-exempt
revenue bonds, which required the bonds be issued by a "qualified small issuer" within the meaning
of Section 265(b) of the Internal Revenue Code of 1986, as amended, (2) the Authority is not a
"qualified small issuer," and (3) the Applicant had determined that the Industrial Development
Authority of the Town of Mount Jackson, Virginia (the "Mount Jackson IDA") was a "qualified
small issuer" for calendar year 2004. Mr. Nusbaum added that the Mount Jackson IDA had agreed to
issue not to exceed $2,000,000 of its 2004 Bank Qualified Revenue Bonds (BSHEV Project) (the
"Bonds") to finance (a) a portion of the cost of the renovation, expansion and equipping of an
approximately 75,000 square foot, 120 bed nursing home facility, located at 6401 Auburn Drive,
982180v2
Virginia Beach, Virginia 23464, (b) working capital for the Applicant, and (c) a portion ofthe costs
of issuing the Bonds (collectively, the "Project"), in the City of Virginia Beach. Mr. Nusbaum then
introduced Mr. Michael Hammond, Chief Financial Officer ofthe Applicant, who was available to
answer any questions, but no questions were asked.
No other persons appeared to address the Authority, and the Chainnan closed the public
hearing.
Following the closing of the public hearing, a resolution entitled "Resolution
Recommending that the City Council of the City of Virginia Beach Concur in the Issuance by the
Industrial Development Authority of the Town of Mount Jackson, Virginia of Bank Qualified
Revenue Bonds for Beth Sholom Home of Eastern Virginia in the Principal Amount Not to Exceed
$2,000,000" (the "VBDA Resolution") was moved, seconded and unanimously adopted by the
Authority.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia concur with the resolution ofthe Industrial Development Authority of the Town of Mount
Jackson, Virginia to issue the Bonds and approve the proposed financing for federal tax law
purposes, transmits the VBDA Resolution and a Fiscal Impact Statement to the City Council of the
City of Virginia Beach, and asks that this recommendation be received at the next regular or special
City Council meeting at which this matter can be properly placed on the agenda for hearing.
982180v2
Exhibit D
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVLOPMENT AUTHORITY
WHEREAS, there has been described to the City of Virginia Beach Development
Authority (the "Authority") the plans of Beth Sholom Home of East em Virginia, a not-for-profit
Virginia non-stock corporation (the "Applicant"), and the Industrial Development Authority of
the Town of Mount Jackson, Virginia (the "Mount Jackson Authority"), with respect to the
issuance by the Mount Jackson Authority of bank qualified revenue bonds not exceeding
$2,000,000 (the "Bonds") for the purposes of (1) financing a portion of the cost of the
renovation, expansion and equipping of an approximately 75, 000 square foot, 120 bed nursing
home facility, located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, (2) providing
working capital and (3) paying a portion of the costs of the issuance of the Bonds (collectively,
the "Project"); and
WHEREAS, the Project will be owned by the Applicant; and
WHEREAS, a public hearing with respect to the Bonds and the financing plan of the
Applicant, as required by Virginia law and the Internal Revenue Code of 1986, as amended (thé
"Code"), was held by the Authority on the date hereof, and
WHEREAS, it has been represented to the Authority that the Mount Jackson Authority
held a public hearing with respect to the Bonds on November 9, 2004, and thereafter adopted an
approving resolution (the "Mount Jackson Authority Resolution") with respect to such bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
3.'
1.
It is hereby found and detennined that the issuance of the Bonds will benefit the
inhabitants of the City of Virginia Beach and promote their education, safety,
health, welfare, convenience and prosperity.
2.
To assist the Applicant, the Authority hereby recommends that the City Council
of the City of Virginia Beach (the "Council") concur with the Mount Jackson
Authority Resolution, the fonn of wbich has been presented at this meeting, as
required by §15.2-4905 of the Code of Virginia of 1950, as amended (the
"Virginia Code"), and hereby directs the Chainnan or Vice Chainnan of the
Authority to submit to the Council the statement in the fonn prescribed by
§ 15.2-4907 of the Virginia Code, a reasonably detailed summary of the comments
expressed at the public hearing held by the Authority pursuant to §15.2-4906 of
th~ Virginia Code, and a copy of this resolution.
All costs and expenses of the Authority in connection with the Bonds and the
Applicant's financing plan shall be paid from the proceeds of the Bonds to the
extent pennitted by law or from funds of the Applicant and the Authority shall
have no responsibility therefor.
4.
All acts of the officers of the Authority which are in confonnity with the purposes
and intent of this resolution and in furtherance of the issuance and sale of the
Bonds are hereby approved and confirmed.
5.
This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by à
roll call vote of the directors of the City of Virginia Beach Development Authority at a
meeting duly called and held on November 18, 2004, and that such resolution is in full
force and effect on the date hereof.
Dated: November 18, 2004
Q~ t J~ tV
Secretary, City ofVirgini each
Development Authority
982S13vl
Exhibit E
DISCLOSURE STATEMENT
Date:
November 1, 2004
Applicant's Name(s):
BETH SHOLOM HOME OF EASTERN VIRGINIA
All Owners (if different from applicant):
Type of Application:
Rezoning: From
Conditional Use Pennit:
Street Closure:
Subdivision Variance:
Other: Concurrence in issuance of Bank Oualified Bonds by the Industrial Development Authority of the
Town of Mount Jackson. Virginia
******************************************************************************
to
The following is to be completed by or for the Applicant:
61854. If the applicant is a CORPORATION, list all the officers of the Corporation:
Frances Levy Birshstein, President
Helen Sonenshine, Second Vice President
Bryan R. Mesh, Executive Vice President
Lawrence R. Siegel, Treasurer
Jerry Kantor, First Vice President
Bernie J. Grablowsky, Third Vice President
Pamela Snyder, Interim Secretary
Harris R. Sloane, hnmediate Past President
61855. If the applicant is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or
partners in the organization:
The following is to be completed by or for the Owner (if different from the applicant)
61939. If the owner is a CORPORATION, list all ofthe officers of the Corporation:
61940. If the owner is a PARTNERSHIP, FIRM or other Unincorporated Organization, list all members or partners
in the organization:
BETH SHOLOM HOME OF EASTERN VIRGINIA
By:
~- A. ./-1~
Bryan. Mesh, Executive Vice President
Exhibit F
VIRGINIA
BEP~CH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
TOWN OF MOUNT JACKSON, VIRGINIA
BETH SHOLOM HOME OF EASTERN VIRGINIA
BANK QUALIFIED REVENUE BONDS
The Authority recommends approval of the captioned financing. The financing
will benefit the citizens ofthe City of Virginia Beach, Virginia by providing for the
expansion and improyement of an existing home for the aged and infirmed which will
contribute to the health and welfare ofthe City's citizens that reside at the facility.
.L:,AlllUllV
J11ðL-AL llVl.rALl ðlAlElVJ.El"lT ðU.l:SlVllTTEU TO THE
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
The undersigned applicant, to permit the Chainnan of the City of Virginia Beach Development Authority to
submit the following infonnation in compliance with Section 15.2-4907, Code of Virginia of 1950, states:
Name of Applicant: Beth Sholom Home of Eastern Virginia, a not-for-profit Virginia non-stock corporation
Facility:
Renovation, expansion and equipping of an approximately 75,000 sq. ft., 120 bed nursing
home located at 6401 Auburn Drive, Virginia Beach, Virginia 23464, working capital and
costs of issuance
Maximum amount of financing sought
$ 2,000.000
$ 0
$ 0
$ 0
$ 0
Estimated taxable value of the facility's real property
to be constructed in the City of Virginia Beach
Estimated real property tax per year using present tax rates
Estimated personal property tax per year using present tax rates
Estimated business license tax per year using present tax rates
a.
Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality
$ 830,000
Estimated dollar value per year of goods that will
be purchased from non-Virginia companies within the locality
$
50,000
Estimated dollar value per year of services that
will be purchased from Virginia companies within the locality
$ 150,000
Estimated dollar value per year of services that will
be purchased from non-Virginia companies within the locality
$ 444,000
Estimated number of regular employees on year round basis
210
Average annual salary per employee
$
26,000
SUBMITTED BY
BETH SHaLOM HOME OF EASTERN VJRGINIA
By: Á:-:-7 -- ~--^-
Bryan Mesh, Executive Vice President
APPROVED:
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
B~-~
---
HNl:230263.1
Exhibit H
SUMMARY SHEET
INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE TOWN OF MOUNT JACKSON, VIRGINIA
2004 BANK QUALIFIED REVENUE BONDS (BSHEV PROJECT)
1.
2.
PROJECT NAME:
LOCATION:
3.
DESCRIPTION OF PROJECT:
4.
5.
AMOUNT OF BOND ISSUE:
PRINCIPALS:
6.
ZONING CLASSIFICATION:
a. Present zoning classification
of the Property
b.
Is rezoning proposed?
c.
If so, to what zoning
classification?
Beth Sholom Home of Eastern Virginia
6401 Auburn Drive, Virginia Beach, VA
(1) financing a portion of the cost of the
renovation, expansion and equipping of an
approximately 75,000 square foot, 120 bed
nursing home facility, located at 6401 Auburn
Drive, Virginia Beach, Virginia 23464, (2)
providing working capital and (3) paying a
portion of the costs of the issuance of the bonds
not to exceed $2,000,000
NONE - a non-stock corporation
A-12
Yes
No-X
N/A
ExhIbIt 1
VIRGINIA
BEACH
Virginia Beacb
Development Authority
222 C~nlr<1.l Park Avenuc. S\Jit~ 1000
Virginia ßr::lIch. VA 23462
(757) 437-6464
PAX (757) 499-9894
Weh.fite: www.vtlgov.col11
November 18, 2004
Mr. Robert G. Jones
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Beth Sholom Home of Eastern Virginia
Dear Bob:
The Department of Economic Development concurs with the issuance of revenue bonds
by the Town of Mount Jackson in an amount not to exceed $2,000,000 for Beth Sholom Home of
Eastern Virginia. The issuance of these bonds provide a public benefit in that it will provide
affordable skilled nursing care for low and very low income elderly.
These funds are to be utilized to (1) fInance a portion of the cost of the renovation,
expansion and equipping of an approximately 75,000 sq. ft. 120 bed nursing home facility,
]ocated at 640] Auburn Drive, Virginia Beach, Virginia 23462, (2) provide working capital, and
(3) pay a portion of the costs of the issuance of the Bonds.
I will be happy to answer any questions you may have at our meeting of November 18th.
Sincerely,
(~~
Director
Il1s
ExhIbIt J
--...." ,-
RESOLUTION EVIDENCING THE OFBCIAL INTENT OF THE
INDUSTRIAL DEVELOPMENT AU1HORITY OF
THE TOWN OF MOUNT JACKSON, VIRGINIA
TO ISSUE ITS BANK QUALJFIED REVENUE BONDS
FOR BETH SHOLOM HOME OF EASTERN vm.OINIA .
IN THE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000
WHEREAS, 1he Industrial Development Authority. of the Town of Mount Jackson,
Virginia (the "Authority"), was created pursuant to Cbapter49, Title 15.2 of the CodeofVttginiaof
1950, as amended (the "Act"), and is now existing and operating as a public body corporate and
politic; and -
WHEREAS, the Authority was created to promote the public interest and the safety, health,
welfare, convenie,:¡ce and prosperity of the inhabitants of the Commonwealth of Virginia, and the
Act empowers the Authority to issue its revenue bonds in accordance therewith to pay all or anypart
of the cost of "authority facilities" comprised of facilities for the residence or care of the aged,
pursuant to Section 15.2-4902 of Act; and .
WHEREAS. representatives of Beth Shalom Home of Eastern Virgínja, a not-fur-profit,
Virginia non-stock coxporation (the ~'AppIicantj, have held discussions with representatives of the
Town and the Authority with respect to its financing a portion of the cost of the renovation,
expansion and equipping of an approximately 75,000 square foot. 120 bed nmsing home facility,
located at 640 1 Auburn Drive, VirginiaBeacb, Virginia 23464, for working capital for the Applicant,
and for a portion ofthc costs ofissuing the Bonds described below (collectively, the "Project"); and
WHEREAS, the Authority, after due notice, has on this date conducted a public hearing on
the application of the Applicant for revenue bond financing of the Project in compliance with the
requirements ofSeetion 147(f) of the Intema1Revenue Code of1986, as amended (the "Code) and
Section 15.2-4906 of1he Act;
WHEREAS. the Applicant bas requested that the Authority express its official intent to.
finance a portion of the cost of the renovation, expansìon and equipping of the Project and agree in
principle to issue not to exceed $2,000,000 of its bank qualified revenue bonds (the "Bondsj
therefor, as proposed by the Applicant;
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE TOWN OF MOUNT JACKSON, VIRGINIA:
1. Upon the recommendation of the Applicant, the Authority hereby appoints Williams
Mullen as bond counsel to supervise the Authority's proceedings and approve the issuance of the
Bonds for the Project, and consents to Williams Mullen also serving as counsel to the Applicant.
9ì9~3Ov3
1
. ,
-~ ,.'
..
2. To assist the Applicant to undertake the Project, the Authority hereby agrees in
principle to issue its Bonds in an amount not to exceed $2,000,000 upon terms and conditions to be
mutually agreed upon' by the Authority, the Applicant and the purchaser of the Bonds. The Bonds
shall be issued pursuant to an installment sale or loan agreement with the Applicant, a bond purchase
agreement with a lender and such other documentation as may be acceptable to such lender and the.
Chairman or Vice ChaiIman of the Authority and counsel to the Authority.
3. The Applicant bas represented to the Authority that interest on the Bonds is intended
to be generally excluded from the gross income of the holders thereof for federal and state income
taX purposes, and that the Authority shall receive an administrative fee for issuing and carrying the
Bonds equal to one-tenth of 1% per annum (i.e., 10 basis points) calculated and payable on the
outstanding principal balance of the Bonds in such periodic installments as the Applicant and the
Authority shall agree.
4. The Applicant having represented to the Authority that it is necessary for the
Applicant to continue with the ongoing design, renovation, expansion and equipping oftbe Project
which has been under way since the Applicant evidenced its "official intent" for purposes of
Treasury Reg. § 1.150.;2 by the adoption by its Board of Directors of a resolution authorizing the'
Project on February 11,2004, the A1Jtb.ority hereby airees that the Applicant may proceed with the
Project, enter mto contracts for the design, renovation, expansion and equipping thereof, and take.
such other steps as it may deem appropriate in connection therewith, provided that nothing herein
shall be deemed to authorize the Applicant to obligate the Authority without its consent in each
instance .to the payment of any monies or the performance of any actions in connection with the
Project The Authority agrees that the Applicant mayhe reimbursed from-the proceeds of the Bonds.
if and when issued, to the extent permitted by law for all costs so incurred by it.
S. All costs and expenses in connection with the Bonds and the design, renovation, .
expansion, equippìng and operation of the Project, including but not limited to the fees and expenses
of Bond Counsel and counsel t~ the Authority, sball be paid ftom the proceeds of the Bonds to the
extent permitted by law or else ftom funds of the Applicant. If for any reason the. Bonds are not
issued, it is understood that all such expenses shall be paid by the Applicant and that the Authority
shall have no responsibility therefor.
6. Neither the Bonds nor the premium, if any, nor the interest payable thereon shall be a
general obligation debt of the Commonwealth of Virginia or any political subdivision thereot: .
including the Authority, the Town of Mount Jac~ Virginia (the "Town") or Shenandoah County,
Virginia (the "County"), and neither the Commonwea]:th of Virginia, nor any political subdivision
thereot: including the Authority, the Town and the CO\1Ilty, and the officials, officers, directoIS
. and/or employees, past, present or future, of any or all, are or shall be personally liable _thereon. ~e
Bonds, together with the premi~ if any, and the interest payable thereon, shaH be a limited
obligation of the Authority payable solely pursuant to the terms of the Bonds and the related
documents.
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7. The Authority hereby recommends that the Town Council of the Town (the
"Council") approve the issuance of the proposed Bonds, and directs the Chainnan or Vice Chairman
of the Authority to transmit to the Council the Fiscal Impact Statement required by Section 15.2-
4906 of the Act, a copy of this resolution and a reasonably detailed summary of the Authority's
public hearing held this date.
8.. Because of the Project's location in the City of Virginia Bcac1I, Virginia, the
Authority hereby requests that the City Council of the City of Virginia Beach. Virginia concur with'
this resolution in accordance with Section 15.2-4905 of the Act, following the conduct of a public
hearing by the City of Virginia Beach Development Authority.
9. The Authority hereby designates Bonds in the aggregate principal amount of
$2,000,000 as "qualified tax-exempt obligations" of the Authority for calendar year 2004 within the
meaning of Section 265(b)(3) of the Code.
10. The provisions of this resolution are hereby declared to be separable, and if any
section, phrase or provjsion of this resolution Sball be declared invalid, such invalidity shall not
ærect the validity of the remainder of the sections,. phrases and provisions of this resolution.
. .
11. The Authority sha11 perfonn such other acts and adopt such fur1her resolutions as may
be required to implement its undertakings hereinabove set forth.
12.
This resOlution shall take effect immediately upon its adoPtion.
979S3OvJ
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CERTßi1CATE OF VOTES
The following is a record of the vote by the Industrial Development Authority of Town of
Mount 1 ackson, Virginia (the "Authority"), on the foregoing resolution, approved at the duly called
public'meeting of the Authority held on November 9, 2004, after the holding of-a public hearing
thereon, at which public hearing and meeting a quorum of the Authority waS preseiIt:
AYE
ABSENT
NAY
ABSTAIN
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Charles Moore, Secretary, IDdustrial Developmènt
Authority of the Town ofMO1mt Jackson, Virginia,
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Exhibit K
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:8.ESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF MOUNT JACKSON. VIRGINIA
WHEREAS, the Industrial Devølopment imd Revenue Bond Act, Chapter 49, Tíi1e'¡ 5.2 of
the Code of Virginia, as'amended (the "Act"), auth~rizes the cr~ation ~ftbe Industrial DevelopÍnent .
Authority of the Town ofMotmt Jaékson, Virginia (the "Authority") and the Town. C~unci1 of the
Town of Mount Jackson, Virginia (the "Town") has duly Cteàted the Authority, and . the Act
. .
empowers the Authority to assist Beth Sholom Home ofE~ern Virginia, a not-for-profit Virginia.
non-stock corporation (the It Applicant"), by the issuaJ?ce of the Authority's bonds tp pay a portion of
. the costs of the renovation, expansion and equipping ~f an approXimately 75.,000 squarê foot" 120
bed .nursing home facility, located at 6401 Auburn Drive, Virginia Beaël4 Vitginia ~3464, f~.r'
working cap~ta.1 for th~ Applicant, and for ~ por1i<?D ofÌh~ costs ofissuing the Bonds described bei9w
(collectively, the '"Project"'); and
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~REAS. the ,Applicant, whicþ owns the Projec~ has its .present principal place of
business at 6401 Auburn Drive, in the City ofVirg1nia Beach, Virginia; and
w:aEREAS, Section 147(f) of the Internal Revenue Code of198(j, as amcoded(the "Code"), . '. .
requires, among other things. the approval by this Conncil of the issuance of any private activjty
bonds by the Authority after the Authority has held a public hearing to consider the issuance of such.
bonds as one of the acts required in order for the interest on such bonds to 'qualify. for exemption:
from the imposition of federal incomo tax; and
, WRERBAS, the Authority hold a public hearing on November 9,2004, in compliance with.
the requirements of the Code and Section 1 S..2~906 ~Î the Act and ~ such p~1ic hearing did
aoopt a resolution to issue aD. amount not to exceed $2~OOO,OOO of its tax-exet;nPt 2004 Bank
98p.o2v1
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PAGE 2I3! RCVD AT 11/23/20044:55:46 PM ~astem Standard Time]! SVR:WMCD.FAXl4 * DNIS:4! CSID:5404772351 ! DURATION (mm.ss):01.24
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Qualified Revenue Bonds (BSHEV project) (the "Bonds"), subJect to the adOption oftbis resolution
and the concurrence in the issuance of the Bonds by the City Council of the City ofVirgÎnia Beacb,
Virginia (the "Virginia Beach city Council"); and
WHEREAs, the Authority h.iis recommended that the Council approve atid the Virginia
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Beach City Council concur ~ the issuance of the Bonds; and
, .
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146(g)(2) of the Code. trom the limitation On the volmne ofno~ or bonds the interest on which is
WHEREAS, the Bonds, as "quaJiñed 5~1(c)(3) bonmi," will be exempt, Unde1- Section
exempt .fi:9m the Ì1nposition of federal incóme tax; and
WHEREAS, a copy of the Autho~ty's resolution approving the issuance of the Bonds-, subject
to the terms to be agreed upon, a record of the Authority's pJlblic hearing with respect tò the Bonds .
and a Fiscal Impact Statement in tho fonn p:reacn"bed by Section 15.2-4907 of the Act, have been
filed with the Council; now, therefore.
BE.IT RESOLVED by the Town Council of the Town ofMoUIlt Jackson;yirginia;
Section 1; That the recitaJB in the preambles hereto are found to be irue and con'eCt in ail
respects, and are adopted as tþldings of this CoWlcil as üfully rewritten h~~
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Section 2: Thåt the Project proposed to be finànced by the issuance of the Bonds js deen1ed
appropriate fur su~h fÏnancing and, accordingly, the issuance of the Bonds is hereby approved.
Section 3: The approval of the issuimce of the Bonds, 3$ required by Sections 147(f) ofthè .
Code and Section 15.2-4906 of the Act, does not constitute an endorsement tò a proSVective
purchaser of the Bonds.ofthe creditwortlriness of the Project ÐX' the Applica.nt and the Bonds shaII
provide that the Town ofMoWlt Jackson shall not be obtigated tò pay the Bonds or the'interest
thereon or other costs incident thereto and neither the faith or credit not the taxing power óf the
Comm.onwealth of Virginia or the Town ofM:ountJackson. shall to pledged thereto. .
Section 4: That this resolution shall be in efFect from and after itS adoption.
ADOPTED by the Council of the Town of Mount Jackson, Virginia, on this
9th day of November, 2004.
~~5
J dy Fuitz, Cler
...
Mayor
I .CERTIFrTflAf THIS IS A TRUE
COpy' OF A TOWN RECORp.
.- . '" ~ &.....
PAGE 3/31 RCVD AT 11/23/2004 4:55:46 PM ~astem Standard Time] 1 S~:WMCD.~.AXI41 DNIS:41 CSID:5404772351 I DURATION (mm-ss):D1.24
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution to Approve a Non-Binding Term Sheet Relating to the
Development of Phase III of the Town Center (Central Business District),
Requesting Approval and Execution by the Virginia Beach Development
Authority and Authorizing the Development of Supplemental Project
Documents.
MEETING DATE: December 7, 2004
.
Background: The Town Center Project (the "Project") has been a long-term
priority for the City. The City Council first recognized the importance of the
Project in the Central Business District of the City when it adopted the
Comprehensive Plan on November 4, 1997. On November 23, 1999, the City
Council adopted the Central Business District - South Tax Increment Financing
District with the intent of entering into an agreement with a developer and using
the funds to help pay for the City's participation in the Project. At its February 8,
2000 meeting, the City Council approved a Development Agreement for Phase I
of the project containing the rights and obligations of the Virginia Beach
Development Authority (the "Authority") and Town Center Associates, L.L.C. (the
"Developer"). Phase I of the Project, comprised of a 272,000 square foot office
tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000
square foot bank headquarters building, a 1 ,284-car public parking garage, and
public streets, sidewalks and utilities, has been substantially completed.
.
On June 3, 2003, the City Council approved the Phase II Development
Agreement containing the rights and obligations of the Authority and the
Developer with respect to Phase II of the Project. One of the blocks associated
with the second phase of the Project, the Galyan's Sports and Outdoor
Adventure Store, opened in April of 2004 with an adjoining 574-space public
parking facility, and 18,000 square feet of retail space. Future development
includes a 1 O-story 341-unit luxury apartment complex with an 858-space public
parking facility, a public plaza and 194,000 square feet of
office/retail/entertainment space.
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On October 12, 2004, the City Council approved acquisition of a Portion of Block
6 Town Center for the Performing Arts Center, and authorized award of the
Design & Construction contract under the PPEA for the Theater to Clancy &
Theys.
.
Considerations: Phase III of Town Center will be a multi-block, multi-facility
mixed-use development consisting of the following elements:
Block 6 will have approximately 40,000 square feet of retail/office adjacent to the
Performing Arts Center.
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Block 7 will comprise an approximately 3D-story high-rise, including
approximately 36,000 square feet of retail space, 25,000 square feet of office
space, lobby for the Hotel, 17,000 square feet of meeting and pre-function
space, 215-room full service Westin Hotel, 104 luxury residential condominiums,
and 1, 150-space public parking garage.
Block 9 will have an approximate 100,000 square foot building of
office/commercial space.
A draft Term Sheet was presented to City Council at its November 9,2004
meeting, outlining the proposed Phase III development.
.
Public Information: Public Information for this item will be handled through the
normal Council agenda process.
.
Alternatives: This Term Sheet reflects the City's on-going commitment to the
long-term priority of developing a Town Center for the City. There are certainly
other alternatives to development of the Central Business District. However, few
if any alternatives accomplish Council's stated goals for the area or provide the
level of quality proposed.
.
Recommendations: Approve the Term Sheet relating to Phase III of the Town
Center (Central Business District), request approval and execution by the
Virginia Beach Development Authority and authorize the development of
Supplemental Project Documents.
.
Attachments: Resolution
Recommended Action: Approval of attached ordinance .~~
Submitting Department/Agency: Economic Development N\~
City Manager: ~ l 'Qs> ~
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RESOLUTION APPROVING A NON-BINDING
TERM SHEET RELATING TO PHASE III OF THE
TOWN CENTER PROJECT, REQUESTING
APPROV AL BY THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY AND
AUTHORIZING THE DEVELOPMENT OF
SUPPLEMENTAL PROJECT DOCUMENTS
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WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
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Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
11
engaged in extensive negotiations with representatives of Annada/Hoffler Development Company,
12
LLC., and its affiliates, regarding the continued development of a Central Business District Project
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known as "The Town Center of Virginia Beach" (the "Project");
14
WHEREAS, the Project is a development arrangement between the Authority and
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Town Center Associates, LLc. (the "Developer"), for a mixed use commercial development
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utilizing the structure of an economic development park in the B-3A Pembroke Central Business
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Core District, an area of the City that is zoned to optimize development potential for a mixed-use,
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pedestrian-oriented, urban activity center with mid-to-high-rise structures that contain numerous
19
types of uses, including business, retail, residential, cultural, educational and other public and private
20
uses;
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WHEREAS, on November 23, 1999, the City Council adopted Ordinance No. 99-
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2567B establishing the Central Business District-South Tax Increment Financing Fund (the "TIP
23
Fund");
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WHEREAS, Phase I ofthe Project has been substantially completed and Phase II of
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the Project is under construction, with several blocks of Phase II substantially completed;
26
WHEREAS, the Developer has worked with the City Manager and City staff and has
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proposed a comprehensive development plan for Phase III of the Project;
28
WHEREAS, the Developer has worked with the City Manager and City staff to
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develop a non-binding term sheet dated December 7, 2004, (the "Phase ill Term Sheet"), which
30
outlines (a) minor modifications to Phase II ofthe Proj ect, (b) a comprehensive development plan for
31
Phase ill of the Project and (c) the proposed responsibilities of the City, the Authority and the
32
Developer with respect to Phase ill of the Project;
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WHEREAS, a complete copy of the Term Sheet is on file with the City Clerk and was
34
provided to the City Council prior to its December 7, 2004, meeting;
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WHEREAS, the obligations of the Authority outlined in the Term Sheet would be
36
supported by a support agreement between the City and the Authority (the "Phase ill Support
37
Agreement"), with the traditional public infrastructure costs of the Project to be funded in part
38
through the City's CIP and in part through the Authority's Economic Development Investment
39
Program monies and the other obligations of the Authority structured to be paid, subject to annual
40
appropriation, by the available revenue from the TIP Fund, from the revenue generated by the special
41
tax district and by an additional mechanism for the Developer to pay projected shortfalls in the TIP
42 Fund;
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44 City's
WHEREAS, the City Council finds that Phase III of the Project will stimulate the
economy, increase public revenues, enhance public amenities and further the City's
45
development objectives for the Central Business District and provide necessary components to
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further the goals contained in the City's Guidelines for Evaluation of Investment Partnerships for
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Economic Development; and
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WHEREAS, the City Council desires that the Authority approve and execute the
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Term Sheet and pursue the development of supplemental Project Documents to be negotiated in
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substantial conformity with the terms set forth in the Term Sheet.
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NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
1.
The City Council approves the non-binding Tenn Sheet dated December 7,
2004, (the "Tenn Sheet") between the City of Virginia Beach Development Authority (the
"Authority") and Town Center Associates, LLc. (the "Developer"), a complete copy of which is on
56
file with the City Clerk, which outlines minor modifications to Phase II of the Project and a
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comprehensive development plan for Phase III ofthe mixed-use commercial development project in
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the Central Business District utilizing the structure of an economic development park known as the
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"Town Center of Virginia Beach" (the "Project").
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2.
The City Council requests and recommends that the Authority adopt a
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Resolution consistent with this Resolution approving the Tenn Sheet, authorizing its execution, and
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authorizing the City Manager and the City Attorney, on behalf ofthe Authority, to proceed with the
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development of supplemental Project documents necessary and appropriate to implement the
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changes to Phase II and Phase III of the Project substantially as outlined in the Tenn Sheet.
65
3.
On behalf of the City of Virginia Beach, the City Manager and the City
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Attorney are hereby authorized and directed to proceed with the development of supplemental
67
Project documents necessary and appropriate for the modifications to the Project outlined in the
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Tenn Sheet, with such supplemental Project documents to be in substantial confonnity with the
69
tenns outlined in the T enn Sheet.
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4.
The City Manager is directed to return the final supplemental Project
71
documents for approval by the City Council and the Authority and for authorization to execute the
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Phase III Support Agreement so that the Authority can then proceed with the next phase of the
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Project.
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of
,2004.
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CA-9353
F:\Data\A TY\Ordin\NONCODE\Early 04 - ORDIN\town center phase III.doc
Adopted by the Council ofthe City of Virginia Beach, Virginia, on the
day
APPMED AS TO ~
t/afM~jd.
Finance Department
VED AS TO LEGAL SUFFICIENCY:
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A RESOLUTION DIRECTING THE CITY MANAGER TO
EXECUTE A MUTUAL AID AGREEMENT FOR FIREFIGHTING
AID BETWEEN THE CITY OF CHESAPEAKE AND THE CITY OF
VIRGINIA BEACH
MEETING DATE: December 7,2004
.
Background:
The City of Virginia Beach entered into a mutual aid agreement for emergency
fire protection aid with the City of Chesapeake in 1968. Both cities are still
operating under the provisions of that agreement. Chesapeake has requested
we execute an updated agreement so they can fulfill a specified requirement of
their certification program.
.
Considerations:
The Virginia Beach Fire Department will also need this updated mutual aid
agreement for their certification evaluation next year.
.
Public Information:
This resolution will be advertised in the same manner as other Council agenda
items are advertised.
.
Recommendations:
Adopt resolution.
Attachments:
.
Resolution
Summary of Terms
Mutual Aid Agreement
Recommended Action: Adopt Resolution
Submitting Department/Agency: Fire/Chief Cade ~
City Manage~ lc ~~
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MUTUAL AID
AGREEMENT FOR EMERGENCY FmE
PROTECTION SERVICES WITH THE CITY OF
CHESAPEAKE
WHEREAS, Code of Virginia §27-2 authorizes local governments to enter into
8
mutual aid agreements for emergency fire protection services with nearby localities;
9
WHEREAS, each of the parties hereto maintains equipment and personnel for
10
emergency fire protection responses within its own jurisdiction and areas;
11
WHEREAS, it is recognized that potential emergency fire protection needs exist
12
in Virginia Beach and Chesapeake which are conceivably beyond the abilities of
13
individual emergency fire protection response forces supported by Virginia Beach or
14
Chesapeake to resolve individually; and
15
WHEREAS, Virginia Beach and Chesapeake are cognizant of the benefits
16
which they will derive from mutual fire protection assistance.
17
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18
OF VIRGINIA BEACH, VIRGINIA:
19
That the accompanying mutual aid agreement for emergency fire protection aid
20
is hereby approved, and the City Manager is hereby authorized and directed to execute
21
said agreement on behalf of the City of Virginia Beach. A summary of the material
22
tenns for the agreement is attached hereto and a true copy ofthe agreement is on file
23
with the City Attorney.
Adopted by the Council ofthe City of Virginia Beach, Virginia on the
day of
, 2004.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
CA-9241
H:\P A \GG\ORDRES\Fire Mutual Aid Agreement - Cheseapeak res.doc
R-l
November 1,2004
-I
MOD between the Cities of Virginia Beach and Chesapeake
for Emergency Fire Protection Aid
SUMMARY OF TERMS
Parties:
City of Virginia Beach and City of Chesapeake
Event:
Any fire-related emergency requiring a sizable personnel and/or
equipment response that exceeds the abilities and resources of the party
requesting assistance.
Term:
This agreement will commence on the day it is executed, and will
supercede the current mutual aid agreement between the parties that was
signed April 29, 1968.
Responsibilities of the City Requesting Aid:
. Requestingjurisdiction's incident commander shall ensure request for
mutual aid response is communicated in compliance with established
policy.
. Requesting jurisdiction shall designate a radio communication system
for use by all emergency personnel.
. The incident commander from the requesting jurisdiction will be in
full command of the operation.
. The incident commander from the requesting jurisdiction may
relinquish his command to the senior officer from the responding
jurisdiction, but not be relieved of his responsibility for the operation.
Responsibilities of the City Responding to the Request for Aid:
. The responding City will detennine if the requested personnel and
equipment are needed or are being used within the boundaries of that
jurisdiction, and if responding to the call for aid can be accomplished.
. The responding equipment and personnel remain under the control of
their supervisors.
. The senior supervisor reports to and takes directions from the
requesting party's incident commander.
. The responding City may tenninate the aid at any time, if it detennines
the responding personnel and equipment are needed for other duties
within it own boundaries.
Other Terms:
Termination:
. Services perfonned and expenditures made under this Agreement are
for public and governmental purposes and all immunities from liability
enjoyed by the City within it boundaries shall extend to its
participation in rendering assistance outside its boundaries.
. Mutual aid response is rendered once a party leaves it own
jurisdictional boundaries.
. All employee benefits such as worker's compensation, remain the
responsibility of the employing city.
. Under the provisions of Virginia State Code Section 27-2, each party
waives all claims against the other party, and agrees to indemnify and
save harmless the other party from all claims by third parties that arise
out of the activities ofthe other party outside their respective
jurisdiction.
. This agreement may be tenninated by either party by giving 3D-days
written notice to the other party.
FIRE EMERGENCY RESPONSE
MUTUAL AID AGREEMENT
THIS AGREEMENT, made and entered into this - day of
2004,
by
and
between
the
CITY
OF
CHESAPEAKE, VIRGINIA and the CITY OF VIRGINIA BEACH,
VIRGINIA.
WHEREAS, Code of Virginia Section 27-2 authorizes local
governments to enter into reciprocal agreements for mutual aid and for
cooperation in the furnishing of fire protection;
WHEREAS, each of the parties hereto .maintains equipment and
personnel for fire protection within its own jurisdiction;
WHEREAS, the parties hereto desire to augment the fire emergency
response capabilities available in their respective areas;
WHEREAS, the lands or districts of the parties hereto are adjacent
or contiguous so that mutual assistance in a fire emergency is deemed
feasible; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and
beneficial for the parties to this Agreement to render assistance to one
another in accordance with these terms.
NOW, THEREFORE, for and in consideration of the premises and
mutual promises set forth herein, the parties do hereby agree as follows:
1.
In the event of a fire emergency in a party's jurisdiction that
may necessitate the need of a mutual aid response, it shall be the duty of the
requesting jurisdiction's incident commander to assure that the request for
the mutual aid response is communicated per the requesting jurisdiction's
policy.
2.
In the event a request for assistance is properly made by the
requesting jurisdiction, the responding equipment and personnel shall
remain under the control of their own supervisor(s), the senior supervisor
reporting to and taking directions from the requesting party's incident
commander.
3.
The incident commander of the requesting jurisdiction shall
assume full command of the operations, but if that incident commander
specifically requests the senior officer of the responding jurisdiction to
assume command and that officer does so, the requesting party's incident
commander shall not, by relinquishing command, be relieved of his/her
responsibility for the operation.
4.
The requesting party shall be responsible for designating a
radio communÏcations system for use by all emergency personnel.
5.
The services performed and expenditures made under this
Agreement shall be deemed to be for public and governmental purposes
and all immunities from liability enjoyed by the local government within its
2
boundaries shall extend to its participation in rendering assistance outside
its boundaries. It is understood that for the purposes of this Agreement, the
mutual aid response is rendering aid once a party departs its own
jurisdictional boundaries.
6.
All pension, disability, worker's compensation, life and
health insurance and other benefits enjoyed by personnel participating in
the mutual aid response shall extend to the services they perform under this
Agreement whether inside or outside of their respective jurisdictions. Each
party agrees that provisions of these benefits shall remain the responsibility
of the participating personnel's jurisdiction.
7.
Each party hereto agrees to waive any and all claims against
the other party which may arise out of their participation in mutual aid
response activities under this Agreement inside or outside of their
respective jurisdictions.
8.
Neither party to this Agreement shall be liable to the other for
reimbursement for injuries to personnel or damage to equipment incurred
when going to or returning from the other jurisdiction. Neither party shall
be liable to the other for any other costs associated with, or arising out of,
the rendering of assistance pursuant to this Agreement; except, however,
the responding jurisdiction may request reimbursement to replenish
equipment and supplies.
3
9.
Nothing contained in this Agreement shall, in any manner, be
construed to require either party to respond to a request for services when
the service personnel of the jurisdiction to whom the request is made are, in
the opinion of the requested jurisdiction, needed pr are rendering assistance
within the boundaries of that jurisdiction, nor shall any such request require
the requested jurisdiction to continue to provide services to another
jurisdiction when its service personnel, vehicles or equipment are, in the
requested jurisdiction's opinion, needed for other duties within its own
boundaries.
10.
Each party agrees to indemnify and save harmless the other
party from all claims by third parties for property damage, personal injury
or death which may arise out of the activities of the other party outside their
respective jurisdictions.
11.
Either party may terminate this Agreement by providing
thirty (30) days written notice to the other party.
12.
This Agreement supersedes any and all previous mutual aid
agreements made solely between the parties. Regional or statewide mutual
aid agreements or programs in which the parties participate shall not be
affected by the terms of this Agreement.
4
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their authorized representatives the day and
year first above written.
CITY OF VIRGINIA BEACH,
VIRGINIA
By:
City Manager
ATTEST:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
CITY OF CHESAPEAKE, VIRGINIA
By:
City Manager
ATTEST:
City Clerk
Approved as to legal sufficiency:
By:
City Attorney
5
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Department of Justice Equipment Grant Applications
MEETING DATE: December 7, 2004
. Background:
In June of 2004, the City was notified that the Department of Justice would be providing
pass-through funding for localities to support equipment needs related to preparedness
and response to weapons of mass destruction (WMD) events. The Virginia Department
of Emergency Management has awarded the City a total of $1,361,634 through a
population formula. The grant requires a resolution of support from City Council and
that equipment purchases must be approved by the grantor prior to receipt of the funds.
A committee has met to assess the needs and priorities for the City as a whole. The
final determinations for funding were endorsed by the Safe Community Strategic Issue
Team. This committee determined that this initial funding was best spent primarily on
public-safety related equipment. Funding from these grants will be allocated:
. $23,000 to train instructors within the city to carry out all necessary training
for city personnel related to WMD
. $38,400 to train responders in basic Incident Command Structures as
required by the Department of Homeland Security
. $45,000 to purchase of a mass casualty response truck
. $20,000 to purchase of ventilators
. $40,000 to purchase of radiation pager detectors
. $125,000 to purchase of card access systems for municipal buildings
. $60,000 to address the need for a backup refrigeration unit for medications
stored by the Health Department
. $80,000 for a radio amplifier for the Operations Building
. $100,000 for a community alert and notification system
. $92,225 for personal protective equipment for city responders
. $250,000 to upgrade alert systems at fire-rescue stations
. $166,009 to purchase of radios for public safety personnel
. $90,000 for the extension of pictometry assessment of the city
. $220,000 to purchase a SWAT response vehicle for Police
. $10,000 to purchase night vision goggles for Police
. $2,000 for a flaring kit .
$1,361,634 Total
. Considerations:
This funding will provide better capabilities to safely address everyday emergency
response in addition to increasing the City's preparedness to respond to events
involving terrorism or weapons of mass destruction.
. Public Information:
Public Information will be handled through the normal Council agenda process.
. Alternatives:
The city currently does not have the capacity to fund the requested items within current
revenue projections.
. Recommendations:
Adopt the resolution to support to the applications for the grant proposals totaling
$1,361,634 to address ongoing emergency response need and increasing the City's
capability to effectively respond to WMD events.
. Attachments:
Resolution
Recommended Action: Approval
Submitting Department/Agency: Management Services
City Manager: ~ ~~
1
2
3
4
A RESOLUTION TO EXPRESS SUPPORT FOR AU. S .
DEPARTMENT OF JUSTICE GRANT A?PLICATION FOR
EQUIPMENT NEEDED FOR RESPONSE TO THE USE OF
WEAPONS OF MASS DESTRUCTION
5
6
the
City
of
Virginia
Beach
has
completed
the
WHEREAS,
application for an equipment grant from the U. S. Department of
7
8
Justice related to local responses to the use of weapons of mass
destruction.
9
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
10
VIRGINIA BEACH, Virginia:
11
That James K. Spore, City Manager, or his designee, is
1.
12
hereby authorized to execute for and on behalf of the
13
14
City of
Virginia
a public
entity established
Beach,
under the laws of the Commonweal th of Virginia,
this
15
16
application and to file
it
in the appropriate
state
office
for
the purpose
of
obtaining
certain
federal
17
18
financial
assistance
under
the
Office
of
Justice
Programs,
National Domestic Preparedness Office Grant
19
20
Program ( s) ,
administered
the
Commonwealth
of
by
Virginia.
21
That the Virginia Beach City Council,
a public entity
2.
22
established
the
of
the
Commonwealth
of
under
laws
23
Virginia, hereby authorizes its agent to provide to the
24
Commonwealth and to the Office of Justice Programs for
25
pertaining
federal
financial
all
matters
to
such
26
assistance any and all information pertaining to these
27
grants as may be requested.
28
29
Accepted by the Council
day of
Virginia on the
Approved as to Content:
jj
CA9451
R2
December 1, 2004
H:\PA\GG\ORDRES\DOJ Grant Res. doc
of
the City of Virginia Beach,
, 2004.
Approved as to Legal
Sufficiency:
¿(-.." s: £7-~¿L flë
C:ity Attorn
L.
PLANNING
Ordinance to Amend and REORDAIN the City Zoning Ordinance (CZO) § 111,204,1502,1503,1506 and
1507 re to the definition of the term "Lodging Unit," loading space requirements for certain lots, and
dimensional requirements, sign regulations, density regulations and desired design features and incentives in the
RT-l Resort Tourist District.
1.
2.
Applications of CITY OF VIRGINIA BEACH re the 9th and 10th Street Marriott Project:
a.
AUTHORIZE the non-binding Term Sheet, dated November 23, 2004, between the City, the
Development Authority and Tidewater Hotels and Resorts,
(i)
(ii)
(iii)
(iv)
(v)
REQUEST the Authority adopt a Resolution consistent with this Resolution approving the
Term Sheet, authorizing its execution
AUTHORIZE the City Manager to EXECUTE the Term Sheet on behalf of the City
AUTHORIZE assignment of the City's lease hold interest in parking spaces at the 9th Street
Parking Garage (now under lease) to the Development Authority: REQUEST the Authority
adopt a resolution excepting this assignment: and, AUTHORIZE the City Manager and the
City Attorney, on behalf of the City, to proceed with the development of the necessary
documents and appropriate evidence for this assignment
ESTABLISH a Capital Project for the 9th and 10th Street improvement and AUTHORIZE
and TRANFSER $1,324,882 from Economic Development Infrastructure Projects to create
these improvements, relocate the utility lines and construct new connector parks and public
accessways
AUTHORIZE the City Manager to execute documents necessary and appropriate to
implement the requirements of the project substantially as outlined in the Term Sheet
b.
discontinuance. closure. and conveyance of a portion of 10th Street at Atlantic Avenue.
(DISTRICT 6 - BEACH)
AUTHORIZE a temporary encroachment to construct and maintain a paver pool deck, walkways, to
the bike path, decorative loggia with columns, fence on concrete base, landscaping, and a balcony upon
the City's property for OCTO, INC. at 921 Atlantic Avenue.
(DISTRICT 6 - BEACH)
c.
RECOMMENDATION:
APPROVAL
Application of BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.. for a Chanf¿e ofZoniM
District Classification from A-IS Apartment District to Conditional A-24 Apartment District at 1100 Indian
Road
(DISTRICT 6 - BEACH)
3.
RECOMMENDATION:
APPROV AL
Application of STEPHEN LETOURNEAU for a Conditional Use Permitto operate a small automobile paint
garage at 156A Chestnut Avenue.
(DISTRICT 3 - ROSE HALL)
4.
RECOMMENDATION:
APPROVAL
5.
Application of THE TERRY COMPANIES FIVE, L.L.C. for a Conditional Use Permit for multi-family
dwellings on the north side of Shore Drive at its intersection with Cherry Tree Place and to the Chesapeake Bay
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
6.
Application ofFRANCISCUS COMPANY, INC. for a Cham¿e ofZoninf! District Classification from R-I0
Residential District to Conditional A-12 Apartment District at Wesleyan Drive, and Diamond Springs Road
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
7.
Application of SAL TMEADOW BAY, L.L.C. for a Moditication to the Land Use Plan (approved by City
Council on March 11, 2003), to permit certain encroachments at Oakland A venue, Oceanfront
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROV AL
4""""'?;
(r:~~ 'J'~1
t~~' )~~
" ~~:¿,!:~:;!:W
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Amendments to the City Zoning Ordinance for the
RT -1 Resort Tourist District
MEETING DATE: December 7,2004
.
Background:
An Ordinance to amend and reordain Sections 111, 204, 1502, 1503, 1506 and
1507 of the City Zoning Ordinance, pertaining to the definition of the term
"lodging unit," loading space requirements for certain lots, and dimensional
requirements, sign regulations, density regulations and desired design features
and incentives in the RT-1 Resort Tourist District.
.
Considerations:
Proposals for development in the RT-1 Resort Tourist District in recent years
have brought to the attention of City staff the need for a number of adjustments
to the City Zoning Ordinance (CZO) regulations governing the district. The
attached package of amendments addresses the needed adjustments as follows:
1. Section 111: Under the current City Zoning Ordinance definition, dwelling
units are distinguished from lodging units by having kitchen facilities. As
an exception, however, the CZO definition of "lodging unit" allows units
that are no larger than 650 square feet and that are available for
occupancy for periods of less than one week to be considered lodging
units, even if they have kitchen facilities. The amendments would allow
hotel rooms that have kitchen facilities to be larger (1,200 square feet
rather than 650 square feet) and still be considered lodging units if they
are not made available for occupancy for periods of more than one month.
2. Section 204: The amendment allows uses other than hotels on lots in the
RT-1 or RT-2 Tourist District that front on a trolley lane on Atlantic Avenue
not to have loading spaces on site. Hotels must provide at least one (1)
loading space.
3. Section 1502: The proposed amendments to Subsection (c) allow reduced
or zero setbacks if approved by the Planning Director under the conditions
set forth in the amendments. Those conditions closely resemble the
criteria adopted by the City for reduced setbacks in the B-3 Central
Business District. The proposed amendments to Subsection (e) allow the
size and width of separate open space areas to be combined in order to
qualify for increased building height, and clarify that the open space may
be dedicated to the City in fee simple as well as by perpetual easement.
City of Virginia Beach - RT-1 Amendments
Page 2 of 2
4. Section 1503: The amendments allow up to two building identification
signs on hotels greater than 10 stories in height, each of which may not
exceed 300 square feet in area. The amendments also limit the location
of such signs.
5. Section 1507: The amendments (a) change the criteria which entitle a use
in the RT-1 Resort Tourist District to "bonus" density and (b) increase the
density which results from providing the desired features.
.
Recommendations:
.
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve the amendments. The Resort Advisory Commission reviewed and
recommended adoption of the proposed changes to the RT-l District.
Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Departmentl Agency: Planning Department~ ~
City Managerr' ~
CITY OF VI RGI N IA BEACH
Agenda Item # 13
November 10, 2004 Public Hearing
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 111, 204, 1502, 1503,
1506 AND 1507 OF THE CITY ZONING ORDINANCE, PERTAINING TO THE
DEFINITION OF THE TERM "LODGING UNIT," LOADING SPACE REQUIREMENTS
FOR CERTAIN LOTS, AND DIMENSIONAL REQUIREMENTS, SIGN REGULATIONS,
DENSITY REGULATIONS AND DESIRED DESIGN FEATURES AND INCENTIVES IN
THE RT-1 RESORT TOURIST DISTRICT.
Proposals for development in the RT-1 Resort Tourist District in recent years have
brought to the attention of City staff the need for a number of adjustments to the City
Zoning Ordinance (CZO) regulations governing the district. The attached package of
amendments addresses the needed adjustments as follows:
1. Section 111: Under the current City Zoning Ordinance definition, dwelling units
are distinguished from lodging units by having kitchen facilities. As an exception,
however, the CZO definition of "lodging unit" allows units that are no larger than
650 square feet and that are available for occupancy for periods of less than one
week to be considered lodging units, even if they have kitchen facilities. The
amendments would allow hotel rooms that have kitchen facilities to be larger
(1,200 square feet rather than 650 square feet) and still be considered lodging
units if they are not made available for occupancy for periods of more than one
month.
2. Section 204: The amendment allows uses on lots in the RT-1 or RT-2 Tourist
District that front on a trolley lane on Atlantic Avenue not to have loading spaces
on site.
3. Section 1502: The proposed amendments to Subsection (c) allow reduced or
zero setbacks if approved by the Planning Director under the conditions set forth
in the amendments. Those conditions closely resemble the criteria adopted by
CITY OF VIRGINIA BEACH
Agenda Item 13
Page 1
the City for reduced setbacks in the B-3 Central Business District. The proposed
amendments to Subsection (e) allow the size and width of separate open space
areas to be combined in order to qualify for increased building height, and clarify
that the open space may be dedicated to the City in fee simple as well as by
perpetual easement.
4. Section 1503: The amendments allow up to two building identification signs on
hotels greater than 10 stories in height, each of which may not exceed 300
square feet in area. The amendments also limit the location of such signs.
5. Section 1507: The amendments (a) change the criteria which entitle a use in the
RT-1 Resort Tourist District to "bonus" density and (b) increase the density which
results from providing the desired features.
Staff recommends approval of the amendments.
CITY OF VIRGINIA BEACH
Agenda Item 13
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 111, 204,
1502r 1503r 1506 AND 1507 OF THE CITY ZONING
ORDINANCE, PERTAINING TO THE DEFINITION OF THE TERM
"LODGING UNIT," LOADING SPACE REQUIREMENTS FOR CERTAIN
LOTSr AND DIMENSIONAL REQUIREMENTS, SIGN REGULATIONS,
DENSITY REGULATIONS AND DESIRED DESIGN FEATURES AND
INCENTIVES IN THE RT-1 RESORT TOURIST DISTRICT.
Sections Amended: City Zoning Ordinance Sections 111,
204r 1502, 1503r 1506 and 1507
Sec. 111.
Definitions.
For
the
of
this
ordinance,
words
used
in
the
purpose
present
shall
include
the
future;
words
used
in
the
tense
16
singular number include the plural and the plural the singular;
17
the use of any gender shall be applicable to all genders;
the
18
word
"shall"
is mandatory;
the word
"may"
is permissive;
the
19
word "land" includes only the area described as being above mean
20
level;
and
the
word
"person"
includes
individual,
a
sea
an
21
partnership, association, or corporation.
22
In addition, the following terms shall be defined as herein
23
indicated:
24
. . . .
25
Lodging unit.
Li ving quarters for a family which do not
26
contain independent kitchen facilities; provided,
that
howeverr
27
dwelling units which do not exceed .:>ilC hundred fifty
(650)
one
28
thousand,
hundred
(1,200)
feet
and
made
two
square
are
not
29
available for occupancy on a lease or rental basis for periods
30
31
32
33
34
35
36
37
38
39
40
41
of ~ more than one
(1) wee* month shall be considered lodging
units even though they contain independent kitchen facilities.
COMMENT
Under the current City Zoning Ordinance definition, dwelling units are distinguished from
lodging units by having kitchen facilities. As an exception, however, the CZO definition of "lodging
unit" allows units that are no larger than 650 square feet and that are available for occupancy for
periods of less than one week to be considered lodging units, even if they have kitchen facilities.
The amendments would allow hotel rooms that have kitchen facilities to be larger (1,200
square feet rather than 650 square feet) and still be considered lodging units if they are not made
available for occupancy for periods of more than one month.
42
Sec. 204.
Off-street loading requirements.
43
(a)
The
off-street
loading
requirements
herein
specified
44
shall apply to all
zoning lots exceeding five thousand
(5,000)
45
square feet in area for the class or kind of uses indicated.
In
46
additionr
in
connection
with
planned
development
zoning
and
47
conditional use permits involving such classes or kinds of uses,
48
special requirements may be imposed.
49
(b)
if
building
existing
the
effective
Moreover,
any
on
50
of
these
provisions
is
subsequently
altered
increase
to
date
51
floor area by fifty
(50 )
or converted from any
percent or more,
52
other
use to the uses
listed
in column
1
of
the
chart below,
53
off-street loading spaces shall be provided as indicated.
54
(c)
Where
a building is used for more
than one
and
use,
55
floor area for each use is below the minimum requiring a loading
56
the
floor
of
several
shall
be
the
uses
aggregate
area
space,
57
used
determining
the
number
2
of
loading
required,
In
spaces
58
provided
that
such
calculations
shall
be
based
on
the
use
59
category requiring the greatest number of loading spaces.
60
TABLE INSET:
Column 1 Column 2 Column 3
Use of Use Category Floor Area in Loading Space
Square Feet Requirements
Retail stores, 2,000--10,000 1
eating and drinking 10,001-20,000 2
establishments, 20,001-40,000 3
wholesale houses, 40,001-60,000 4
warehouses: repair, 50,000 over 60,000 1 additional
general service,
manufacturing or
industrial
establishments
Hotels, hospitals 5,000--10,000 1
or similar 10,001-50,000 2
institutions or 50,001-100,000 3
places of public Each 100,000 over 1 additional
assembly 100,000
Funeral homes or 2500-4rOOO 1
mortuaries 4,001-6,000 2
Each 10,000 over 6,000 1 additional
Offices or office 20,000--50,000 1
buildings 50,001-100,000 2
Each 100,000 over 1 additional
100,000
Hotels on lots in Any One
-
the RT-1 or RT-2
Resort Tourist
District having
frontage on a
trolley lane of
Atlantic Avenue
Uses in the RT-2 Any None
-
Resort Tourist
District other than
hotels
61
3
62
63
64
65
66
(d)
No loading space required under the provisions of this
ordinance shall be in any street or alley, but shall be provided
within
the building or
on the
lot.
less
than half
the
of
No
required number of off-street loading spaces,
but in all cases
at least one space,
shall have a vertical clearance of at least
67
(14 )
feet,
and
balance
of
required
shall
the
spaces
fourteen
68
vertical
of
least
(10 )
Each
clearance
at
ten
feet.
have
a
69
loading space shall have minimum horizontal dimensions of twelve
70
(12 )
by thirty-five
( 35)
feet. Each space shall be unobstructed
71
and shall be
so arranged that any using vehicle may be moved
72
without moving another. Adequate maneuvering areas and access to
73
a street shall be provided and shall have a vertical clearance
74
of at least fourteen (14)
feet. All spaces shall be provided and
75
maintained with an all weather surface. Where loading areas are
76
illuminated, all sources of illumination shall be so shielded as
77
direct
reflection
toward
adjacent
premises
in
prevent
to
any
78
residential,
apartment or hotel districts.
In addition,
loading
79
for
three
(3)
vehicles
shall
individual
have
spaces
or
more
80
marked,
and
within
B-3A
Pembroke
Central
spaces
except
the
81
Business
District,
shall
be
arranged
no
that
Core
spaces
so
82
maneuvering directly incidental to entering or leaving a loading
83
space shall be on any public street, alley or walkway.
84
4
85
86
87
88
89
90
91
92
93
94
95
96
97
98
100
101
102
103
104
105
106
107
108
109
110
III
112
113
114
COMMENT
The amendment adjusts the number of loading spaces required of hotels in the RT-l and
RT -2 Resort Tourist Districts and allows other uses in the RT -2 District not to have loading spaces,
so long as they front on an Atlantic Avenue trolley lane.
. . . .
A.
Sec. 1502.
99
(a)
feet.
(b)
(c)
five
ARTICLE 15.
RESORT TOURIST DISTRICTS
RT-1 RESORT TOURIST DISTRICT
D~ensional requirements
Minimum
lot
size:
thousand
(14,000)
square
Fourteen
Minimum lot width: Seventy (70) feet.
Minimum yard requirements:
Five
(5 )
feet
front yard,
(5)
feet side yard when adj acent to a street,
other than
the boardwalk; provided, however, that the Planning Director may
allow a lesser or zero setback where:
(1 )
the
proposed
development
is
and
quality
of
a
type
consistent with applicable standards set forth in the
Comprehensive Plan;
(2 )
amenities
and
architectural
features
of
the
the
development,
particularly
the
design
of
proposed
building
facades
facing
connector parks
or
east-west
oriented
are provided in
such manner
as
to
streets,
create an attractive and pedestrian-scale streetscape;
and
5
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
(3)
mechanical
other
than
public
utility
no
equipment,
facilities,
receptacles
visible
from
refuse
are
or
grade level on the public right-of-way.
(d)
Maximum
height:
hundred
(100)
the
feet
at
One
easternmost property line and one and one-half
(1 1/2)
feet of
height for each additional foot west of the easternmost property
line not to exceed an overall maximum height of two hundred
(200) feet.
(e) The height of any building or structure may be
increased to a maximum height of two hundred (200) feet if
permanent open space meeting the following criteria is provided
on either
(i)
the same zonlng lot as the building or structure,
or
(ii)
on another lot under the same ownership as the lot on
which the building or
is
located and separated
from
structure
such lot solely by a public street of no more than one hundred
(100)
feet in width and by a distance no greater than the width
of the public street, and:
( 1)
The open space consists of an area or areas having a
total of no less than fifteen thousand (15,000)
square
feet,
has
total
width
both
the
and
a
at
eastern
western
property
lines
of
less
than
hundred
no
one
(100)
a-Rè
extends
continuously
from
Atlantic
feet,
Avenue
the
nearest public property
lying
of
east
to
6
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
(e)
hereof,
height
navigation.
the open space,
and both eastern and western property
lines are no less than twenty-five (25) feet in width;
(2 )
pcrpctu.:ll
othcr
legal
instrument
c.:l:Jcmcnt
A
or
conveying fee simple title or a perpetual easement to
the city,
in form and content acceptable to the city
attorney,
ensuring the permanent availability of such
open space for use by the general public is admitted
to record in the clerk's office of the circuit court;
and
(3 )
Such
is
unobstructed
artificial
by
any
open
space
structure
standing
than
eighteen
(18 )
inches
more
above
ground
level,
for
benches,
planters
or
except
similar
decorative
fixtures,
public
site
art,
lighting,
bandshellsr
public
rooms,
stages,
rest
or
other
public
amenities
approved
the
planning
by
director.
The location of any such structures
shall,
where feasible,
be located so as to preserve views of
the Atlantic Ocean.
(f)
Notwithstanding the provisions of subsections
and
(d)
no
building
other
shall
the
or
structure
exceed
limit
established
by
section
202 (b) ,
regarding
air
7
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
COMMENT
The proposed amendments to Subsection (c) allow reduced or zero setbacks if approved by
the Planning Director under the conditions set forth in the amendments.
The proposed amendments to Subsection (e) allow the size and width of separate open space
areas to be combined in order to qualify for increased building height, and clarify that the open
space may be dedicated to the City in fee simple as well as by perpetual easement.
Sec. 1503.
Sign regulations.
(a)
Within
Tourist
District,
sign
the
RT-1
Resort
regulations pertaining to hotels and motels shall be as follows:
(1 )
each
(20)
of
frontage
and
each
for
For
twenty
feet
forty
(40 )
feet of
line adj oining a
street,
but
lot
not constituting frontage,
not more than one
(1 )
sign
and not more than forty
(40 )
feet
of
surface
square
area of signage shall be permitted; provided, however,
that
no establishment
than
four
(4 )
shall
have more
signs of which one (1) may be a freestanding sign; and
provided
further,
establishment
having
a
that
no
frontage
of
than
hundred
(100)
feet
shall
less
one
have
freestanding
establishment
having
a
sign.
No
a
frontage of at least one hundred
(100)
feet but less
than or equal to two hundred
(200 )
feet shall have a
freestanding
sign
exceeding
thirty-two
(32)
square
feet
of
face,
and no
establishment
surface
area per
having a frontage of more than two hundred
(200)
feet
shall have a freestanding sign exceeding seventy-five
8
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
(75)
feet
of
surface
face.
No
square
area
per
freestanding sign shall exceed two
(2)
and no
faces,
sign of any other type shall exceed one hundred fifty
(150)
square feet of surface area,
provided,
however,
that
hotels
greater than ten
(10 )
stories
in height
may have a maximum of two
(2)
building identification
signs,
each of which
shall
exceed three
hundred
not
(300)
square feet in surface area.
Such signs shall
be mounted on or above the top one-quarter
(1/4)
of
the
buildingr
above
the
roofline
of
such
but
not
buildingr
and only one
sign per building
facade
(1 )
shall be allowed. Any establishment or property having
less
frontage
lot
line
adjoining
a
street
than
or
required
above
(1)
sign
exceeding
have
one
not
may
thirty
(30 )
square feet of surface area.
As used in
this
section,
"building
identification
sign"
means
a
slgn which displays only the name of the building on
which it is located.
(b)
Within
RT-1
Tourist
District,
sign
the
Resort
regulations
pertaining
multiple-family
dwellingsr
parks,
to
playgrounds,
community centers, botanical and zoological gardens
and other public buildings and uses shall be as specified in the
district where the use is first permitted as a principal use.
9
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
(c)
Identification signs for boardwalk cafes permitted as
part of a city council approved franchise agreement shall not be
counted against the sign allowance specified elsewhere in this
section.
(d)
Identification
signs
for
bicycle
rental
establishments, as permitted in section 1501(a) (4), shall not be
counted against the sign allowance specified elsewhere in this
section.
(e)
Sign
regulations
pertaining
all
and
other
to
uses
structures
shall
specified
in
RT-2
Tourist
be
as
the
Resort
District.
COMMENT
The amendments allow up to two building identification signs on hotels greater than 10
stories in height, each of which may not exceed 300 square feet in area. The amendments also limit
the location of such signs.
. . . .
Sec. 1506.
Maximum density ratings.
Except as otherwise provided in Section 1507, ~ the
maximum density of hotel and motel development shall be one
hundred sixty (160) units per acre for the entire zoning lotr of
which no more
than ten
(10)
shall
be
dwelling units r
percent
even
if
partially
occupied
other
principal
uses
or
by
conditional uses.
10
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
COMMENT
The amendment to this section is necessary in light of the revisions to Section 1507.
Sec. 1507.
Desired design features and incentives.
(a)
For tho:;e uses .,:hich incorpor.J.te .J.ll of the follo.,:ing
de::;ired de:;ign fe.J.ture::; on lots with
minimum area of twenty thousand (20,000)
(2)
Setb.J.ck
from e.J.:;t ì:e::;t
::;treet::;
feet
..:ith
the
l.J.nd::;c.J.ped
In
.J.re.J.
l.J.nd:;c.J.ping,
ocreening
.J.nd
buffering
:;t.J.nd.J.rdo
architectural
features,
site
(1 )
a Hinimum lot ::;i ze
square feet~ and having
of
le.J.::;t
(10)
.J.t
ten
.J.ccord.J.nce
.,:ith
the
::;pecific.J.tion::;
.J.nd
design
landscaping
and
consistent
with
the
Comprehensive
Plan,
.J.ny
Not.,:i th::;t.J.nding
pro7i:;ion to the
contr.J.ry .J.bo7e,
the maximum density of hotel
and motel
shall
hundred
be
one
uses
(175)
uni ts per acre,
of which no more
:;ilCty
(160 )
seventy-five
than ten
(10 )
percent
shall be dwelling unitsr and uses in conjunction with hotels and
motels may occupy up to but not more than twenty (20) percent of
the floor area of all structures
(excluding parking)
located on
the lot.
(b)
For tho:;e uses which incorpor.J.te .J.ll of the follo~ing
de::;ired
de::;ign
fe.J.ture::;:
lots
with
on
minimum area of forty thousand
(40,000)
architectural
site
design and
features,
11
( 1 ) Þ1inimum
lot
:;ize
a
square feet and having
landscaping
consistent
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
with the Comprehensive Plan,
(2 )
Sctb.J.ck from C.J.:Jt ',JC:Jt :Jtrcct:J
of' .J.t
fiftccn
(15 )
',lith
l.J.nd:Jc.J.pcd
in
thc
fcct
lc.J.:Jt
.J.rc.J.
.J.ccord.J.ncc
',dth
l.J.nd:Jc.J.ping,
:Jcrccning
buffcring
.J.nd
thc
:Jpccific.J.tion:J .J.nd :Jt.J.nd.J.rd:J.
Not~ith:Jt.J.nding .J.ny provi:Jion to
thc contr.J.ry .J.bovc,
the maximum density of hotel and motel uses
shall
hundred
:Jc'v'cnty fi 'v'C
(200 )
units
per
(1'75)
be
two
Bf't€-
acre,
of which no more than ten
(10 )
percent shall be dwelling
units, and uses in conjunction with hotels and motels may occupy
up to but not more than twenty-five
percent of the floor
(25)
area of all structures located on the lot.
(c)
For tho:Jc uses ',:hich incorpor.J.tc .J.ll of thc follo',:ing
dc:Jircd dc:Jign fc.J.turc:J:
(1) HinimuR1 on lots with a minimum area
lot :Jizc of eighty thousand
(80,000)
square feet or on separate
lots thc .J.ccumul.J.tion of multiplc p.J.rccl:J under common ownership
totaling at least eighty thousand
(80,000)
square feet of l.J.nd
in
:Juch
th.J.t
p.J.rccl:J
where:
(i)
lots
are
such
the
area,
separated solely by a public street, of no more than one hundred
(100)
feet in width and by a distance not exceeding the width of
the public street~
(2) l\t
(ii)
(20 )
percent of
at least twenty
the floor area of the hotcl use :Jh.J.ll bc is tt&eà for convention
.J.nd/ or or related facili ties-;-,
(iii)
(3)
Thc the entire lot or
.J.ccumul.J.tcd
p.J.rccl:J
lots
developed
in
functionally
are
a
integrated
fashion-;-,
and
(iv)
have
architectural
the
uses
12
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
features,
site
design
and
landscaping
consistent
with
the
Comprehensive Plan Upon complying ::ith the foregoing condition~,
the following shall apply,
not',:ith~tJ.nding J.ny other pro'v'i~ion
to the contrJ.ry:
(1 )
(2 )
The maximum density for hotel and motel uses shall be
one hundred ninety (190) two hundred twenty-five (225)
units per acre, of which no more than ten (10) percent
shall be dwelling units, for the entire accumulation
of parcels-;- ~
Uses
in
conjunction
with
hotel
to
a
may
occupy
up
fifty
(50)
of
the
floor
of
the
percent
area
structures-;- ; and
(3)
Required parking shall be at least one
( 1)
space per
lodging
dwelling
unit
(1)
per
two
space
or
or
one
hundred
(200)
square feet of floor area used for uses
in conjunction with the hotelr whichever is greater.
(d)
In addition to the number of units otherwise allowed
pursuant to this section, where open space meeting the criteria
set forth in section 1502(e) is provided, the number of hotel or
motel units may be increased by one and one-half (1.5) units, of
which no more than ten
(10 )
percent may be dwelling units,
for
everyone thousand (1,000) square feet of open space provided.
13
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
COMMENT
The amendments (1) change the criteria that qualify a use in the RT-l Resort Tourist
District for "bonus" density and (2) increase the allowable density for developments that provide
the desired features.
CA-9414
OID\ordres\RT-lordin.doc
R-5
November 10, 2004
APPROVED AS TO CONTENT:
AP1JJ¡; 1//r;;J ENCY
City Attorney's Office
~ t'2A-ó'4
-~
Planning Department
14
Item # 13
City of Virginia Beach - R T-l
An Ordinance to Amend and Reordain Sections 111, 204, 1502
1506, and 1507 of the City Zoning Ordinance, Pertaining to the
Term "Lodging Unit," Loading Space Requirement for Certain
Lots, and Dimensional Requirements, Sign Regulation, Density
Regulations and Desired Design Features and Incentives in the
RT-l Resort Tourist District
November 10,2004
REGULAR
Joseph Strange: The next application is Item #13 City of Virginia Beach. An Ordinance
to Amend and Reordain Sections 111,204, 1502, 1503, 1506, and 1507 of the City
Zoning Ordinance, Pertaining to the Definition of Term "Lodging Unit," Loading Space
Requirements for Certain Lots, and Dimensional Requirements, Sign Regulations,
Density Regulations and Desired Design Features and Incentives in the RT-l Resort
Tourist District.
Dorothy Wood: I guess Mr. Scott is going to speak on this.
Robert Scott: Let me invite Ms. Lasley, if you would?
Dorothy Wood: Thank you so much.
Karen Lasley: Well, as you're all aware, RT-l Zoning District Regulations are pretty
outdated. These were written back in the 1980's. One good example ofthat is the fact
that the R T -1 rewards developers of hotels that provide greater setbacks from our streets
with greater density. Design is not a consideration at all. We no longer want increased
setbacks. We're going with the newer traditional type development where you move the
building out to the street. We've got problems with setbacks, loading spaces, height and
signs and we've been using the Board of Zoning Appeals for the last few years to help us
get around, basically, an outdated ordinance. So changes are needed. The package
before you today are what, to me are the obvious changes that are needed. I think we still
have more work to do on the R T -1 District, but this is a good start. We do have several
large projects that are going forward in the R T -1 District. Some of these changes are
needed to also keep those projects moving quickly so that we don't have to send them to
the Board of Zoning Appeals for variances. I have met several times on these
amendments with the Planning and Design Committee of the Resort Area Commission.
They have been forwarded to the Hotel/Motel Association. I still hope I have the chance
to meet with them before these go to City Council. There are five main sections that we
are changing. I think there is a good summary in your agenda. If you want me to go
through those in detail I can. You asked me this morning to show you some examples of
the sign change. Again, I think the best example is Town Center. What this change
would do is for any building greater than 10 stories, they would be allowed to have just
two 300 square foot signs rather than 150 square foot signs that are allowed now. Those
300 square foot signs do have to be on the upper quarter of the building. It's designed for
the taller buildings that are further from our field of vision. That sign is going to look
proportional. Town Center, I think is the best example. I don't believe there is a sign
down there that looks too big. If Gerald Divaris were still here, he calls me regularly and
lets me know that those signs are too small. If he were here, I would love to have you
hear from him. This example that I have is the Hilton that's going up and the signage
that they want to do. The sign at the top of this building is actually 211 square feet rather
than the 150 square feet, so that will give you an idea. The one on the next page that they
propose for the lower portion of the building, that one is 142 square feet. That would
give you kind of an idea of what a 150 square foot sign would look like if it were at the
top of that building. That is not exactly what you asked for but it is kind of the best that I
could do over lunch.
Janice Anderson: At Town Center is there any 300 square foot sign there?
Karen Lasley: I need Kevin Hershberger to answer that question and I was not able to
get a hold of him. I can't tell you for sure. But, yeah, they're all pretty much at
maxImum.
Janice Anderson: Okay.
Kathy Katsias: Karen, how big was the Galleon sign?
Karen Lasley: Now that is not a ten story building though. I think those were 200 square
feet.
Janice Anderson: And the loading zone?
Karen Lasley: Loading zone? The Board of Zoning Appeals has been granting
variances at the request ofthe RAC to allow no loading spaces to be constructed for
development along both sides of Atlantic A venue where the trolley lane is available for
loading and unloading. They use the trolley lanes. They also use the side streets and that
seems to be working well. The RAC is recommending that it goes to zero. As a practical
matter, I really doubt that the larger hotels are going to go to zero. For example, the
Marriott that's proposed at 9th Street they're going to be putting in, I think it's two or
three, definitely one loading space on the east side of Atlantic.
Dorothy Wood: It's two.
Karen Lasley: It might even be three, but definitely one.
Dorothy Wood: Thank you.
Karen Lasley: Are they any questions for me?
Janice Anderson: The sign that is on the second one that is 200 square feet.
2.
Karen Lasley: That one is 142 square feet. That kind of gives you an example of what
150 square feet would look like. At the Hilton, I know it's a little bit under 300 square
feet but if it was Marriott with a couple of more letters, it would be 300 square feet.
That's the size letters that you would typically see.
Dorothy Wood: Mr. Miller has a question I believe. Sir.
Karen Lasley: In our discussion this morning, the loading spaces and as far as your
concerned and as far as public welfare, health and safety, we don't have an issue that
going through with the preparation of this document and so forth, this has not come up as
an issue from health, welfare and safety. That was one of the discussions that
Councilman Diezel will have and his concern but if he seemed to answer that very
comfortably.
Karen Lasley: We haven't had any complaints. It seems to be working. Yes.
Robert Miller: And the variances have been granted over the last 5 years? Six years?
Longer?
Karen Lasley: Three years.
Robert Miller: Okay. That was because there was a requirement beginning three years
apparently?
Karen Lasley: The other conflict is we removed the parking requirements from the R T - 2
District but we did not remove the loading spaces requirement. So that is rather
awkward, that you don't have to put in a parking lot but you do have to put in the loading
spaces.
Robert Miller: Okay. The BZA has granted these variances at the recommendation of
the staff.
Karen Lasley: Of the resort staff and the Resort Advisory Commission. Yes sir.
Robert Miller: Okay.
Dorothy Wood: Barry has a question I believe.
Barry Knight: It's not too much of a question as it is an observation. I understand what
you say that it isn't detrimental according to certain folks to the health, welfare and
citizens. I look at it more as an interpretation of the land gathering down there. When
you put in traffic column and new pavers and pull the lot lines away and put the signs
away, and as far as loading zones, you're able to pull into the trolley lane. I question that
sometimes we have trolleys, beach regional transit, HRT, or some transit down there you
have delivery trucks. You don't have any time frame that I'm aware of on and I don't
:3
think it's going to facilitate the traffic flow. I don't think it's going to add to the
beautification of the beach if they have a delivery truck sitting right on Atlantic Avenue.
And, also I don't think you ought to put it to the hotels discretion as to whether they put
in a loading zoning or not. I think they'll bow out of that one because from a cost
standpoint. I still would be an advocate of having a loading zone as a requirement
because we have it not according to signage. It could be a small hotel that may be would
get a variance or it could be a very large hotel that may be in a year or two they wouldn't
want to be a variance. I personally wouldn't be in support of saying no loading zone
whatsoever. I think at the very minimum we ought to include at least one and under
special conditions they could still go to the Board of Zoning Appeals to let them get away
with having less than one. That would be my recommendation. I'll listen to what each
representative has to say on it also.
Dorothy Wood: Jan.
Janice Anderson: I'll make a comment on that. There are several changes to the R T
zoning that you're doing with the lodging units and the dwelling units and that seems to
be fine and the zero setbacks with its approval. This does or doesn't look like a wall. I
think that is fine down there also. The sign, after review, I don't believe that is
unreasonable going to 300 square feet with the height of the buildings going up. At first,
when you're doubling the size it is very hard to perceive what that is going to look like.
Thank you for the pictures and showing us exactly what that is going to look like. I do,
as Mr. Knight, have a problem with the no loading zone requirement. I understand they
have been approving these and that's fine. On your table insert under 61, all our retail
store establishments, they're all according to size. Like the very first one 2-10, one
loading requirement, 10-20, two loading requirements, 20-40, three loading requirements,
then you get down to the R-2 and R-l at the resort district and it doesn't matter what size
it is. None are required.
Karen Lasley: The difference there is that they have a loading zone.
Janice Anderson: Right, the trolley lane. I think that's a mistake. I think we'll regret
doing that later. The trolley lane was there for use and it's for the transit back and forth
and servicing the resort area. I know a lot of these trucks come in early morning or late at
night but also with the Convention Center. I believe the improvement we want to put on
that transit center and to put burden on it by having all these vehicles have to use that
trolley lane and I don't think it's appropriate. Atlantic Avenue is already down to two
lanes. In fact, it's just very public traffic. I know Mr. Diezel didn't have any problem
with the emergency units getting by or fire or anything like that but I believe in having
those lanes accessible especially when you have the high density down there and the
number of people you have down there, it is nice to have those free and clear and you
know that they are not being used by the hotels. I think it's a shame that we've taken
away the parking requirement for any kind of semis that come in there and to say okay.
You know someone is going to be in that parking lane. I think you're putting too much
pressure on those trolley lanes. They are being serviced now. They are going to be used
for all those hotels up and down the strip. There are some and I believe there is in Parkus
4-
right now, there a large hotel. They're going to have two loading units and that's good.
That is what we would like to see. But, I would not like to have just blank that a hotel
could come in especially a massive one and have no loading zone area at all and have all
the semis parked right out in front at any time of the day. I would like to put in at least
one is required and I believe we do have in place a system that if the hotel is small
enough or the circumstances are unique enough that can be waived. I don't want to put it
back into another board's problem that they have to do this on a constant basis. I do
believe it does have to be looked at an individual capacity each time they waive it. I
believe it sometimes it wouldn't be appropriate. Actually, I would like to make a motion
to approve the ordinance with the one change of having at least one loading space
required in the RT-2 zone.
Karen Lasley: Can I ask for one clarification? On the one loading space, do you want
that to apply to all uses, retail, as well as hotel?
Janice Anderson: Yes.
Karen Lasley: Okay.
Barry Knight: I'll second it.
Dorothy Wood: Mr. Miller.
Robert Miller: Karen, what does this do to us as far as reality? Does this bring them all
up? Does it put it back in front ofthe BZA?
Karen Lasley: I think every new hotel that has gone in over the last three years has had at
least one anyway so I think that is going to work. We're a little bit worried about some
of the small retail uses on the other side, which Faith has more experience than I have.
We'll make it work. When you don't require parking it's hard to have a loading space
and where are you going to put that loading space? We don't want our roadways lined
with loading spaces. It's part ofthe aesthetics.
Robert Miller: And, I think that is one of my concerns. I'm not sure and sometimes we
get what we asked for. I'm afraid that if we don't have a problem there and we had not
had a problem. I appreciate what you're saying and we don't have a problem. We're not
having problems down at Atlantic Avenue and now were having a problem with the
trolley lanes. And foreseeing one that is coming, sometimes I think we end up getting,
again what we ask for and I'm not sure I'm going to like what we end up with. I just
want to make it also clear that, in your opinion does this send us back through BZA with
the same number of items that we had before and we've not relieved this particular issue.
The part I agree with you. Logic wise, if you don't require parking why do you require a
loading zone? I completely agree with that. It's a more urban kind of thinking here.
Karen Lasley: I think we'll be okay on the hotels. They all have pull ins anyway that
they use that kind of double as loading spaces.
5
Robert Miller: Would you agree to a friendly amendment to deal with the hotels? Is that
what you're saying then? Karen, am I listening right?
Karen Lasley: I think that would definitely take care of it.
Robert Miller: Would you agree to it?
Janice Anderson: That is my main concern. What I'm talking is about the larger hotels
not requiring. The smaller retail. . .
Karen Lasley: Like the T-shirt shop.
Janice Anderson: Only because it is Bob's birthday.
Karen Lasley: I like that. The only thing about the hotel/motel is those loading spaces
are required to have a height of 14 feet. That doesn't always work because they want to
put the fancy "Porte Cher" they call them. They're making them work. I think it's
workable. I would be very comfortable with requiring one for hotels and letting the
retail, only along Atlantic Avenue by the trolley lanes, let that go. I think that is more in
keeping with what were trying to accomplish down there.
Dorothy Wood: Would you second this friendly amendment?
Karen Lasley: Okay?
Janice Anderson: Okay.
Karen Lasley: Okay. Great. Thank you.
Dorothy Wood: Thank you. I guess we'll vote on the friendly amendment.
Janice Anderson: Yes, the friendly amendment.
Dorothy Wood: Would you like to state the friendly amendment?
Janice Anderson: It would to be to approve the change in the RT zoning as outlined, to
the requirement for a loading zone and RT-1, RT-2 Resort Tourist Districts, that there is a
requirement at least one for hotel uses and none in the retail.
Dorothy Wood: A motion by Ms. Anderson and seconded by Mr. Knight.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
AYE
AYE
(ó
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote 11-0, the Board has approved the changes to the RT-l
amendment.
Dorothy Wood: Thank you very much. Thank you Karen.
7
'-'&"~6'
(~~~)
-;.~.:-;:;..~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution approving a Non-Binding Term Sheet relating to the 9th and
10th Street Marriott Project, requesting approval by the Virginia Beach
Development Authority and authorizing the development and execution of
documents.
MEETING DATE:
December 7, 2004
NOTE: This matter is to be considered with RT -1 Zoning Text Amendment, 10m
Street Closure and Property Conveyance and Encroachment Request.
.
Background: The City and Tidewater Hotels and Resorts (the "Developer")
have engaged in extensive negotiations regarding the development of a
full-service 4-star Marriott Hotel/Condominium project. The non-binding
term sheet outlines the proposed development of the project and the
proposed responsibilities of the City, the developer and the Virginia Beach
Development Authority.
.
Considerations: The developer plans to invest about $45 million on a full-
service, luxury 15-story, 250-room convention hotel with approximately 28
condominiums. The developer also plans to create more than 15,000
square feet of open space at parks at the north and south sides of the
hotel. The term sheet outlines the public involvement and approvals
necessary for the development of the project.
.
Public Information: Public Information for this item will be handled through
the normal Council agenda process.
.
Alternatives: Approval is necessary to continue the timely implementation
of the Project.
.
Recommendations: Approval by City Council of the non-binding Term
Sheet and authorize the development and execution of project documents.
.
Attachments: Resolution
Recommended Action: Approval of attached ordinance
'"
Submitting Department/Agency: Convention and Visitors Bureau If ~4 . ~
~. óß~ ~.
E\Commercial Projects\9th and 10th street\Agenda Requestdoc
1
2
3
4
5
6
7
8
9
10
11
12
13
RESOLUTION APPROVING A NON-BINDING
TERM SHEET RELATING TO THE 9TH AND 10TH
STREET MARRIOTT PROJECT AND CERTAIN
CITY OBLIGATIONS, REQUESTING APPROVAL
BY THE VIRGINIA BEACH DEVELOPMENT
AUTHORITY OF THE TERM SHEET AND
CERTAIN AUTHORITY OBLIGATIONS, AND
AUTHORIZING THE DEVELOPMENT AND
EXECUTION OF DOCUMENTS NECESSARY TO
IMPLEMENT THE TRANSACTION AND
ESTABLISHING CAPITAL PROJECT NUMBER
9-067 "9TH AND 10TH STREET IMPROVEMENTS"
14
WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager
15
and City staffhave engaged in extensive negotiations with representatives of Tidewater Hotels and
16
Resorts (the "Developer") regarding the development of a 4-star full-service Marriott
17
Hotel/Condominium project to be located between 9th and 10th Streets at the Virginia Beach
18
Oceanfront (the "Project");
19
WHEREAS, the Developer has worked with the City Manager and City staff to
20
develop a non-binding term sheet (the "Term Sheet"), which outlines the proposed development of
21
the Project and the proposed responsibilities of the City, the Virginia Beach Development Authority
22
(the "Authority") and the Developer with respect to the Project;
23
WHEREAS, the proposed responsibilities ofthe City pursuant to the Term Sheet (the
24
-.
"City Obligations") include (i) the assignment to the Authority of the City's leasehold interest in the
25
second through fourth floors ofthe 9th Street parking garage under a lease (as amended, the "Lease")
26
between the City and VB/South Parking, LLC. dated May 14, 1996 and (ii) cost participation in the
27
relocation of municipal utility lines and construction of new connector parks and public accessways
28
at 9th and 10th Streets;
29
WHEREAS, the proposed responsibilities of the Authority pursuant to the Tenn Sheet
30
(the "Authority Obligations") include (i) the acceptance of an assignment of the City's leasehold
31
interest in the second through fourth floors of the 9th Street parking garage under the Lease, (ii) the
32
purchase of the second through fourth floors in the 9th Street parking garage pursuant to the purchase
33
option under the Lease, and (iii) the leasing to the Developer of299 parking spaces on a long-tenn
34
basis;
35
WHEREAS, the obligations of the Authority outlined in the Tenn Sheet would be
36
supported by a support agreement between the City and the Authority (the "Support Agreement"),
37
with the obligations of the Authority structured to be paid, subject to annual appropriation, by the
38
Parking Enterprise Fund;
39
WHEREAS, a complete copy ofthe Tenn Sheet is on file with the City Clerk and was
40
provided to the City Council prior to its December 7, 2004, meeting;
41
WHEREAS, the City Council finds that the Proj ect will stimulate the City's economy,
42
increase public revenues, enhance public amenities and further the City's development objectives for
43
the Virginia Beach oceanfront and provide necessary components to further the goals contained in
44
the City's Comprehensive Plan and Guidelines for Evaluation of Investment Partnerships; and
45
WHEREAS, the City Council desires to (a) approve the Tenn Sheet, including the
46
City Obligations, (b) request approval by the Authority of the Tenn Sheet, including the Authority
47
Obligations, (c) establish Capital Project Number 9-067 "9th and 10th Street Improvements, and (d)
48
request and authorize the City Manager to execute documents necessary and appropriate to
49
implement the requirements of the Project substantially as outlined in the Tenn Sheet.
50
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
51
VIRGINIA BEACH, VIRGINIA;
2
52
TERM SHEET
53
1.
The City Council approves the non-binding Tenn Sheet dated November 23,
54
2004, (the "Tenn Sheet") between the City of Virginia Beach (the "City") and Tidewater Hotels and
55
Resorts (the "Developer"), a complete copy of which is on file with the City Clerk, which outlines
56
the proposed development of a 4-star full-service Marriott Hotel/Condominium project to be located
57
between 9th and 10th Streets at the Virginia Beach Oceanfront (the "Project").
58
2.
The City Council requests and recommends that the Authority adopt a
59
Resolution consistent with this Resolution approving the Tenn Sheet and the Authority's obligations
60
under the Tenn Sheet.
61
3.
The City Manager is authorized to execute the Tenn Sheet on behalf of the
62
City.
63
ASSIGNMENT TO AUTHORITY OF LEASEHOLD IN 9TH STREET GARAGE
64
4.
The City Council, subject to acceptance by the Virginia Beach Development
65
Authority (the "Authority"), hereby authorizes the assignment to the Authority of the City's
66
leasehold interest in the parking spaces located on the second through fourth floors of the 9th Street
67
parking garage under a lease (as amended, the "Lease") between the City and VB/South Parking,
68
LLc. dated May 14, 1996.
69
5.
The City Council requests and recommends that the Authority adopt a
70
Resolution accepting the assignment to the Authority of the City's leasehold interest in the Lease and
71
in the parking spaces located on the second through fourth floors of the 9th Street parking garage.
72
6.
The City Manager and the City Attorney, on behalf of the City, are authorized
73
to proceed with the development of the documents necessary and appropriate to evidence said
74
assignment, including without limitation, a support agreement between the City and the Authority
3
75
(the "Support Agreement") pursuant to which the obligations of the Authority under the Lease are
76
supported by the City and structured to be paid, subject to annual appropriation, by the Parking
77
Enterprise Fund.
78
7.
The City Manager or his designee is authorized to execute and deliver the
79
documents necessary to evidence said assignment, including the Support Agreement, so long as such
80
documents are acceptable to the City Manager and the City Attorney.
81
RELOCATION OF UTILITIES AND CONSTRUCTION OF CONNECTOR PARKS
82
AND ESTABLISHMENT OF CIP NUMBER 9-067
83
84
8.
Capital Project Number 9-067 "9th and 10th Street Improvements" is hereby
85
established. The City Council hereby authorizes the transfer of $1,324,882 from Capital Project
86
Number 9-038 "Economic Development Infrastructure Projects" to Capital Project Number 9-067
87
"9th and 10th Street Improvements". The City Council hereby appropriates $932,118 of Fund
88
Balance from the General Fund to Capital Project Number 9-067 "9th and 10th Street Improvements".
89
9.
The City Council hereby authorizes the relocation by the City of the municipal
90
utility lines from existing 10th Street to the northern edge of the to-be constructed connector park at
91
10th Street and the City's construction of new connector parks and public accessways at 9th and 10th
92
Streets pursuant to the Tenn Sheet, including the cost participation by the City with the Developer
93
in such work.
94
10.
The City Manager and the City Attorney, on behalf of the City, are authorized
95
to proceed with the development of the documents necessary and appropriate to implement the City's
96
construction obligations as set forth above and the City Manager or his designee is authorized to
4
100
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112
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97
execute and deliver the documents necessary to evidence said obligations, so long as such documents
98
are acceptable to the City Manager and the City Attorney.
99
AUTHORITY'S PURCHASE OF LEASEHOLD INTEREST IN 9TH STREET GARAGE
11.
The City Council hereby requests and recommends that the Authority exercise
the option to purchase from VB/South Parking, L.L.c. the leasehold interest in the 9th Street Garage
pursuant to the Lease, which option provides for a closing date on the purchase on or before April,
2007.
12.
The City Manager and the City Attorney are hereby authorized to proceed with
the development of documents necessary to evidence the City's intent to support the Authority's
obligation to pay the purchase price of such garage, and to return such documents to the City Council
for its approval, together with any necessary appropriations.
13.
The City Council hereby requests and recommends that the Authority adopt a
Resolution (a) exercising the option to purchase the leasehold interest in the 9th Street Garage
pursuant to the Lease, subject to such obligation being supported by the City pursuant to the Support
Agreement, (b) authorizing the City Manager and the City Attorney, on behalf of the Authority, to
proceed with the negotiation for the purchase of such garage earlier than the April 2007 date called
for pursuant to the Lease, (c) authorizing the City Manager and the City Attorney, on behalf ofthe
Authority, to proceed with the development of the documents necessary and appropriate to
accomplish such purchase, and (d) authorizing the execution of such documents.
AUTHORITY'S LEASING TO DEVELOPER OF CERTAIN PARKING SPACES
14.
The City Council hereby requests and recommends that the Authority enter
into a lease with the Developer for the leasing, on a long-term basis, of 299 parking spaces located
within the 9th Street Garage.
5
120
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128
129
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131
132
133
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135
136
137
138
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15.
The City Council hereby requests and recommends that the Authority adopt a
Resolution (a) authorizing the leasing to the Developer, on a long-tenn basis, of299 parking spaces
located within the 9th Street Garage, (b) authorizing the City Manager and the City Attorney, on
behalf ofthe Authority, to proceed with the development of the documents necessary and appropriate
to accomplish such lease, and (c) authorizing the execution of such documents.
Adopted by the Council ofthe City of Virginia Beach, Virginia, on the
day
of
,2004.
CA-9430
APPROVED AS TO CONTENT:
/1
6
Su pplemental Information
Zoning History
~
~
~
~
OOA
Beach
0
~
~
œ DATE I REQUEST
1 06/17/85 CONDITIONAL USE PERMIT (Bike Rental)
2 01/22/79 CONDITIONAL USE PERMIT (Mini Golf)
3 10/01/79 CONDITIONAL USE PERMIT (Bike Rental)
4 06/20/83 CONDITIONAL USE PERMIT (Temp. Pkg Lot)
I ACTION
GRANTED
GRANTED
GRANTED
GRANTED
CITY OF VIRGINIA BEACH
Agenda Itemtt 14
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - Street Closure (portion of 10th Street)
MEETING DATE: December 7,2004
.
Background:
An Ordinance upon Application of the City of Virginia Beach for the
discontinuance, closure and abandonment of a portion of 10th Street, beginning
on the east side of Atlantic Avenue and running in an easterly direction to its
terminus. DISTRICT 6 - BEACH
.
Considerations:
The City is requesting a closure of this street to facilitate the redevelopment of
the adjacent property. The redevelopment proposal consists of the demolition of
the existing hotel and the construction of a full-service resort hotel and
conference center and condominium project. The area of the street closure will
be incorporated into the hotel property. Closure of the street as proposed allows
the assemblage of 485 contiguous linear feet along the oceanfront.
The City is working with the developer to establish two new pocket parks to
replace the existing improvements located in the area proposed for closure. The
conceptual plan for the hotel site shows that there will be one new park at the
northern end of the hotel property (a relocated 10th Street) and one at the
southern end of the property (9th Street extended). These areas will be
dedicated to the City to be improved for public access and ocean vistas.
The closure will facilitate redevelopment of the property into a full-service resort
hotel and conference center and luxury condominium project. This is the type of
use that is encouraged and envisioned for the Oceanfront Area in the
Comprehensive Plan. This street closure will not result in a public inconvenience.
The Planning Commission placed this item on the consent agenda because the
closure would not result in public inconvenience and would improve access and
vistas of the ocean.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
City of Virginia Beach - 10th Street
Page 2 of 2
1. The terms and conditions of purchase for the street closure shall be
determined by the City Attorney's Office. Prior to final site plan approval of
the hotel/condominium project, the developer shall dedicate to the City a
perpetual permanent easement or fee interest, in a form approved by the City
Attorney's Office, in a 52 foot-6 inch wide strip of property running from
Atlantic Avenue to the Boardwalk for a relocated 10th Street and a 52 foot-6
inch wide strip of property running from Atlantic Avenue to the Boardwalk for
a new 9th Street. These properties shall provide a public access and a vista
substantially as shown on the exhibit entitled "First Floor Concept Plan" a
copy of which is on file in the Planning Department and which has been
exhibited to the Planning Commission and to City Council.
2. A resubdivision plat to vacate internal lot lines to incorporate the closed area
into the adjoining parcels is required. The plat shall be submitted and
approved for recordation prior to final street closure approval.
3. The applicant is required to verify that no private utilities exist within the right-
of-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
Staff recommends that one further condition be added:
5.
Prior to conveyance of the right-of-way pursuant to subsection 1 above,
the developer shall commence construction of the full-service
hotel/condominium resort and conference center in substantial
conformance with, and of the same quality shown on, the conceptual
plans prepared by CMSS Architects, PC, dated November 1, 2004, Sheet
A201.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Ordinance
Recommended Action:
approval.
Submitting Department/Agency: Planning Department
City Manage~ \L, Òß ~
Staff recommends approval. Planning Commission recommends
~
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15
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS A PORTION OF 10TH STREET
BEGINNING ON THE EAST SIDE OF ATLANTIC
AVENUE AND RUNNING IN AN EASTERLY
DIRECTION TO ITS TERMINUS
16
WHEREAS, the City of Virginia Beach applied to the Council of the City of
17
Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and
18
vacated; and
19
WHEREAS, it is the judgment of the Council that said street be discontinued,
20
closed, and vacated, subject to certain conditions having been met on or before one (1) year from
21
City Council's adoption of this Ordinance;
22
23
24
25
26
27
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia:
SECTION I
28
That the hereinafter described street be discontinued, closed and vacated, subject
29
to certain conditions being met on or before one (1) year from City Council's adoption of this
30
ordinance:
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32
GPIN's 2427-24-6673-0000 and 2427-24-5785-0000
33
1
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35
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All that certain piece or parcel of land situate, lying and being in
the City of Virginia Beach, Virginia, designated and described as
the southern sixty feet of 10th Street, which was originally an
eighty foot street and amended by Court Order recorded in Deed
Book 154, at page 35 and in Deed Book 154, at page 153 in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, beginning on the east side of Atlantic Avenue and
running in an easterly direction to its tenninus. Reference being
hereby made to the plat recorded in the aforesaid Clerk's Office in
Map Book 8, at page 89 which depicts it as a sixty-foot street.
Being the same street dedicated on Plat No. Two of the Virginia
Beach Development Company recorded in the aforesaid Clerk's
Office in Map Book 1, at page 20.
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SECTION II
52
The following conditions must be met on or before one (1) year from City
53
Council's adoption of this ordinance:
54
1.
The tenus and conditions of conveyance for the street closure shall be
55
detennined by the City Attorney's Office. The City Attorney's Office will make the final
56
detennination regarding ownership of the underlying fee. The City Manger is authorized to
57
convey any portion of the right-of-way to the developer of the 4-star, full-service
hotel/condominium project to be constructed between 9th and 10th Streets.
58
59
2.
Prior to final site plan approval of the hotel/condominium project, the
60
developer of such project shall dedicate to the City a perpetual pennanent easement or fee
61
interest, in a fonn approved by the City Attorney's Office in a 52 foot-6 inch wide strip of
property running from Atlantic Avenue to the Boardwalk for a relocated 10th Street and a 52
62
63
foot-6 inch wide strip of property running from Atlantic Avenue to the Boardwalk for a new 9th
64
Street. These properties shall provide a public access and a vista substantially as shown on the
2
65
exhibit entitled "First Floor Concept Plan" a copy of which is on file in the Planning Department
66
and which has been exhibited to the Planning Commission and to City Council.
67
3.
Prior to conveyance of the right-of-way pursuant to subsection I above,
68
the developer shall commence construction of the full-service hoteVcondominium resort and
69
conference center in substantial conformance with, and of the same quality shown on, the
70
conceptual plans prepared by CMSS Architects, PC, dated November 1,2004, Sheet A201.
71
4.
A Resubdivision plat to vacate internal lot lines to incorporate the closed
72
area into the adjoining parcels is required. The plat shall be submitted and approved for
73
recordation prior to final street closure approval.
74
5.
The applicant is required to verify that no private utilities exist within the
75
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the
76
utility company must be provided.
77
6.
Closure of the right-of-way shall be contingent upon compliance with the
78
above stated conditions within 365 days of approval by City Council. If the conditions noted
79
above are not accomplished and the final plat is not approved within one year of the City Council
80
81
82
83
vote to close the right-of-way this approval shall be considered null and void.
SECTION III
84
1.
If the preceding conditions are not fulfilled on or before December 6,
85
2005, this Ordinance will be deemed null and void without further action by the City Council.
86
2-
If all conditions are met on or before December 6, 2005, the date of final
87
closure is the date the street closure ordinance is recorded by the City Attorney.
88
3.
In the event the City of Virginia Beach has any interest in the underlying
89
fee, the City Manager or his designee is authorized to execute whatever documents, if any, that
3
90
may be requested to convey such interest, provided said docúments are approved by the City
91
Attorney's Office.
92
SECTION IV
93
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
94
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF
95
VIRGINIA BEACH as "Grantor" and as "Grantee."
96
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day
97
of
,2004.
98
99
100
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
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CA-9354
Date: November 23, 2004
H:\O!DlREAL ESTATEIS'ree! ClosureICA9354.0RD.doc
APPROVED AS TO CONTENT:
M7 I Z-I-ot
Pl~DepanITnent
4
CITY OF VIRGINIA BEACH
Agenda Item # 14
November 10, 2004 Public Hearing
Staff Planner: Barbara Duke
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
COUNCIL
ELECTION
DISTRICT:
SIZE:
Location and General I nformation
Discontinuance, closure and abandonment of a portion of 10th Street,
beginning on the east side of Atlantic Avenue and running in an
easterly direction to its terminus.
10th Street,
beginning on
the east side of
Atlantic Avenue
and running in
an easterly
direction to its
terminus.
6 - BEACH
12,000 square feet
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CITY OF VIRGINIA BEACH
Agenda Item# .14
Page 1
SURROUNDING North:
LAND USE AND South:
ZONING: East:
West:
. Hotel/ RT-1 Resort Tourist District
. Hotel/ RT-1 Resort Tourist District
. Oceanfront Boardwalk
. Atlantic Avenue
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The existing right-of-way proposed for closure is fully improved. The
western portion of the right-of-way consists of a paved vehicular
access for the adjoining properties and sidewalks of concrete pavers.
The eastern portion of the right-of-way is improved as a pocket park
with a pedestrian pathway of concrete pavers, water fountains and
landscaping.
AICUZ:
The site is in an AICUZ of 55-70dB Ldn surrounding NAS Oceana.
Summary of Proposa
The City is requesting a closure of this street to facilitate the redevelopment of the
adjacent property. The redevelopment proposal consists of the demolition of the
existing hotel and the construction of a full-service resort hotel and conference center
and condominium project. The area of the street closure will be incorporated into the
hotel property. Closure of the street as proposed allows the assemblage of 485
contiguous linear feet along the oceanfront.
The City is working with the developer to establish two new pocket parks to replace the
existing improvements located in the area proposed for closure. The conceptual plan
for the hotel site shows that there will be one new park at the northern end of the hotel
property (a relocated 10th Street) and one at the southern end of the property (9th Street
extended). These areas will be dedicated to the City to be improved for public access
and ocean vistas.
CITY OF VIRGINIA BEACH
Agenda Item # .14
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the Comprehensive Plan recommendations for the area.
. Determination that there is no inconvenience to the general public associated
with the abandonment of this right-of-way.
Comprehensive Plan
The Comprehensive Plan designates this area of the City as the Resort Area. This area
is generally bound by 42nd Street, the Atlantic Ocean, Rudee Inlet and Birdneck Road.
The "Oceanfront Resort Area Concept Plan" and the "Creating An Old Beach District
Center Plan" contain information and planning guidance with regard to creating an
attractive, wholesome, family resort destination; establishing complementary resort
activity centers; and, the need to ensure excellence and a quality image in all resort
area development. Generally, this area is planned for resort uses including lodging,
retail, entertainment, recreation, cultural, and other uses.
Staff recommends approval of this request.
CITY OF VIRGINIA BEACH
Agenda Item#.14
Page .3
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' above. The proposal's strengths in
addressing the 'Major Issues' are as follows:
(1) The closure will facilitate redevelopment of the property into a full-service resort
hotel and conference center and luxury condominium project. This is the type of
use that is encouraged and envisioned for the Oceanfront Area in the
Comprehensive Plan. In addition, the closure as proposed allows the
assemblage of 485 contiguous linear feet of real property along the oceanfront.
(2) This street closure will not result in a public inconvenience. The area of right-of-
way proposed for closure includes streetscape and pedestrian amenities. These
amenities will be relocated to both the north and south ends of the new hotel site
and will be dedicated for public use.
Staff, therefore, recommends approval of this request with the following conditions.
Conditions
1. The terms and conditions of purchase for the street closure shall be determined
by the City Attorney's Office. Prior to final site plan approval of the
hotel/condominium project, the developer shall dedicate to the City a perpetual
permanent easement or fee interest, in a form approved by the City Attorney's
Office, in a 52 foot-6 inch wide strip of property running from Atlantic Avenue to .
the Boardwalk for a relocated 10th Street and a 52 foot-6 inch wide strip of
property running from Atlantic Avenue to the Boardwalk for a new 9th Street.
These properties shall provide a public access and a vista substantially as shown
on the exhibit entitled "First Floor Concept Plan" a copy of which is on file in the
Planning Department and which has been exhibited to the Planning Commission
and to City Council.
2. A resubdivision plat to vacate internal lot lines to incorporate the closed area into
the adjoining parcels is required. The plat shall be submitted and approved for
recordation prior to final street closure approval.
3. The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way this approval shall be
considered null and void.
CITY OF VIRGINIA BEACH
Agenda Item # 14
Page 4
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances.
CITY OF VIRGINIA BEACH
Agenda Item # .14
PageS
Public AQencv Comments
Public Works
There is an existing storm drain line within the area proposed for closure that may need
to be relocated.
Public Utilities
Water:
There is an existing 2 inch service line for the water fountains within
the area ro osed for closure that ma need to be relocated.
CITY OF VIRGINIA BEACH
Agenda Item # 14
Page 7
Exhibit A - 1
Aerial of Site
Location
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CITY OF VIRGINIA BEACH
Agenda Item # 14
R~ge 8
Exhibit A - 2
Aerial of Site
Location
CITY OF VIRGINIA BEACH
Agenda Item # 14
Page 9
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
II Ihe o¡¡pllca,,! i~, a corporation, partnun;hip, fltm. business, (Ir olhet \lnincorporated
Oti i) )IW\Ìon. Ç()mple!Q tlMI lollowing!
1. Ust thi) ')Pp ¡'~;Hjt nan1Q loIlowed by the n¡¡llles of an oflwets. mQmbors, trusto(;$.
1¡¡\filletS. ole. bolow' ¡AItiKIt In,! if tmcessory}
I
.C-U
2 Li>1 all ¡¡<If,iIWöSH& Ih'" hilvtJ ,1 pare jt-~( h~ìdi¡ìrY' 01 af"'i,lted bli~iflf)~fi (mtity'
rcla ¡ol1~.hip with 'he ilpl) ¡c¡mt (At/ad! /¡s/ If lIecIJssiJI}')
I=-- ------J
l2J ChOck hem if thO "pplitant is NOT a Ç( lporatlon, partrjérsl\i,). Iftm. b\l~iI10$$, Of
olher uniocOI >t)/iI!I)d O¡gar1llðtlon.
PROPERTY OWNER DISCLOSURE
(:omploto /IIis sodinfl oflly if pfOl'flfty DY{flHr is d¡f{orrml {rom applicanl
II tho ptDjH¡rfy ownm Iß <1 cOfpomtion, partl1an,hip. firm. business, Of othet
unin,;()f )()tatDd organization. compteto tho following:
1 l.i51 tho prop(Jrty owner nomo followed by tho names of all offlcels, members.
tIU$toos, pal!rlOts, (\Ic. b(IIow: (Altllcillist if nflCO$Mry}
~
[-=-
2 Us, all h'lsinos~os that hMe a parent-subsidiary' or affiliated business entity'
relalml1shll-' wilh tho appliC<1nl (Attoch lis! if nowssaty)
.L----~-~--~
ø Check here iltho property OWIlIJr;5 NOT II corpomt,on, pari no/ship. fum. busin/Jss,
or otlmt lJI1U1colþ<)mled otganilahon
't 5""n",lpðgi>1oAfooln,i1",
[qISCLOSURE STATEMÊNT-"-'--- -]
. AODITIONAl DISCLOSURES
Us! all known wn,r¡¡<:tets or businossc$ thaI lIa'/o 01 will plOYldo sarvit!)s with
/esþOct to the requested property use, including but 110' Iìm"Dd 10 'he proyidms of
otchitoclu/al services. rtwl estate sel'iiœs. financial serVices, uccoun1ióg sel'iicos.
3nd I(}gal Sel'ilces: (AUach list il m~COSSl1IY)
rA _J
"PMtnt-sllbsidiaIY mla'iQf1ship" moans 'a rdatìOl1ship thai exis!!, \.hen OIle
GOfpOf'ðIíOI1 dit6ctly Of indirecUy owos shares possessing mom than 50 ¡mrcent ot
lho voting power of anothor corporation" SOé Slate and local Gòvort'ltnent Conflict
01 tnterests Act, Va, C,'Jde § 2.2-:1101.
j 'Alfotialed business entily 'etatk) jship' means ".. H,!laliOnship, 011\1'/ th¡H'
pmenl.suÞsi\lialY 1.¡tati<)I1ship. that Q.isls when (I) ono busiomss entity hHs a
contlotliog OWI1QIShip int()(cst in the otlmt business entity, (Ii) a controlling O'h'not in
one entIty is also Ð contwllíog owner in the other enlìty, Of liii) Ihew is shared
management or ront/ol bctween the business ontities, r actors that should be
conSidered in delelmining tho existonœ of an affiliated business entity telalion!,hip
indude that the name MIIS(>11 or substanU'lUy Ihe same porson 0-.y11 Ot manago lho
two entities; thote are common or eomminglcd funds Ot assets; the business t>nbUes
sharo Iho uso of tho samo offi(',Os 0( employees or othorwisa sham adwitios.
m!Wurces 01 paraonne! on a reg<Jlðt b11$is; ollhNe is olhmwise a r;lose working
tCtaliol1shíp batwe<tn the entìtiGs." SOli StoW and Local Government Cônflict 01
¡ntetesls Act. Va. Cnde § 2.2.3101.
CERTIFICATION: I ('. t1ify thaI tho information conlained heroin is ltUO and
accurate. t ( f1dersland that upon receipt of ootifíe<¡tlon (po5fr;;!t(I) 11\"llho
application has been &Çheduled for publi(; hearing, t ¡un wspo""iblo rot obh,ìl1ín¡¡
and posting the u¡q\llred ßìgn on the subjecI pw JQrty at teast 30 days priot 10 the
&Çhed~ pLlb¡¡~ hearìng accotding to the instructions in this p¡¡ç.kage,
,#M.I,1f~ ' £1tC!L!.5 k/. 1ÞØ1',I.<'
""'P"rty 0..."",',
PM.IN"","
1M" al.¡>h",¡ot)
em
en -. ><
S'C/I::J"
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CDÕC"
3 C/I -.
CDC~
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_CD
Item #14
City of Virginia Beach
Discontinuance, closure and abandonment of a portion of 10th Street
District 6
Beach
November 10, 2004
CONSENT
William Din: The next item I have is Item #14. This is also a City of Virginia Beach
application. It's an ordinance a~plication for the discontinuance, closure and
abandonment of a portion of 10t Street, beginning on the east side of Atlantic Avenue
and running in a easterly direction to its terminus. This is in the Beach District. We have
placed this on consent. It has got five conditions associated with it. Is there any
objection to placing this on consent? If not, Mr. Scott would you mind making a
comment on this item?
Robert Scott: Yes sir, again briefly. This is a little bit different in reality than what it
looks like on paper. We are not giving up any access to the Oceanfront. We are simply
relocating it to another spot that's more in keeping with the long-term development of the
Oceanfront. When this is all said and done the City of Virginia Beach will have better
access and better business at the Oceanfront than we do right now. The public will not,
in our opinion, be inconvenienced in any way. The public access will probably be
enhanced.
William Din: Thank you Mr. Scott. I'd like to move that the following item be placed on
consent. Item #14 City of Virginia Beach with five conditions.
Dorothy Wood: Do I hear a second?
Barry Knight: Second.
ANDERSON
CRABTREE
DIN
HORSLEY
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 11
NAY 0
ABSO
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, Item # 14 has been approved for consent.
921 ATLANTIC AVE.
GPIN 2427-24-6673
9TH ST.
-~I
~
W\
LOCATION MAP ~
ENCROACHMENT REQUESTED
OCTO, INC.
921 ATLANTIC AVENUE
GPIN 2427-24-6673
BY
SCALE: 1" = 200'
OCTO INCDGN M.j.S.
PREPARED BY PM' ENG. CADD DEPT. NaY. 16, 2004
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Encroachment request to construct and maintain a paver pool deck, two
(2), six (6) feet wide paver walkways to bike path, decorative loggia with columns,
fence on concrete base, landscaping, and a balcony on City property for OCTO,
Inc.
MEETING DATE: December 7,2004
NOTE: This matter is to be considered together with RT - 1 Zoning Text Amendment, lOtn
Street Closure and Property Conveyance, and Resolution approving a non-binding term sheet
relating to the 9th Street and 10th Street Marriott Project
.
Background:
Helen Christie, President of OCTO, Inc. has made application for permission
to construct and maintain a paver pool deck, two (2), six (6) feet wide paver
walkways to bike path, decorative loggia with columns, fence on a concrete
base, landscaping, and a balcony to encroach into City property known as the
Greenbelt adjacent to 921 Atlantic Avenue between 9th Street and 10th Street.
The Dunes Oceanfront will be demolished and in its place a four star Marriott,
two hundred and fifty (250) luxury hotel rooms and twenty-eight (28)
condominium units will be built on the existing site. Given the nature of the
encroachment, a termination notice of 180 days for removal was assigned in
the agreement.
.
Considerations:
City Staff has reviewed the requested encroachment and has recommended
approval of same, subject to certain conditions outlined in the agreement.
.
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.
Agenda Request - Octo, Inc.
December? 2004
,
Page 2
.
Attachments:
Ordinance, Location Map, and Agreement
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Public Works I Real Estate ~~ .
Convention and Visitors Bureau ~~,,; - ~
City Manager~ \L. ÓfJlJ<ht ~
1
2
3
4
5
6
7
8
9
10
11
12
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO
A PORTION OF CITY PROPERTY
KNOWN AS THE GREENBELT
ADJACENT TO 921 ATLANTIC
AVENUE BY OCTO, INC. , ITS HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, OCTO, Inc. desires to construct and maintain a paver pool deck, two
13
(2), six (6) feet wide paver walkways to bike path, decorative loggia with columns, fence
14
on concrete base, landscaping, and a balcony upon the City's property known as the
15
Greenbelt adjacent to 921 Atlantic Avenue.
16
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-21 b7,
17
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18
City's property subject to such terms and conditions as Council may prescribe.
19
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20
VIRGINIA BEACH, VIRGINIA:
21
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22
2009 and 15.2-2107, Code of Virginia, 1950, as amended, OCTO, Inc., its heirs,
23
assigns and successors in title are authorized to construct and maintain temporary
24
encroachments for a paver pool deck, two (2), six (6) feet wide paver walkways to bike
25
path, decorative loggia with columns, fence on concrete base, landscaping, and a
26
balcony upon the City's property as shown on the map entitled: "EXHIBIT 1 THROUGH
27
5 ENCROACHMENT EXHIBIT OF POOL DECK AREA TIDEWATER HOTELS &
28
RESORTS OCEANFRONT HOTEL AND CONFERENCE CENTER", a copy of which is on
. ------,
29
file in the Department of Public Works and to which reference is made for a more
30
particular description; and
31
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
32
subject to those terms, conditions and criteria contained in the Agreement between the
33
City of Virginia Beach and OCTO, Inc. (the "Agreement"), which is attached hereto and
34
incorporated by reference; and
35
BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
36
is hereby authorized to execute the Agreement; and
37
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
38
time as OCTO, Inc. and the City Manager or his authorized designee execute the
39 Agreement.
40
41 day of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2004.
42
43
44
45
APPROVED AS TO CONTENTS
~:é£ C. &:,l--V£M
GNATURE
riD KuJ E~
DEPARTMENT
46
47
48
49
50
51
52
53
54
55
APPROVED AS TO LEGAL
5; ~FFI IENCY AND FORM
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58.1-811(c) (3)
THIS AGREEMENT, made this - day of
, 2004, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and OCTO, Inc., a Virginia corporation, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that piece or parcel of property,
situated in the City of Virginia Beach, Virginia, more particularly bounded and described as
follows:
BEGINNING at a pin at the intersection of the Southern line of the
right of way of 10th Street and the Eastern line of the right of way of
Atlantic Avenue; thence running along said Eastern line of the right of
way of Atlantic Avenue S. 13 degrees 48 minutes 19 seconds E., a
distance of 355 feet to a pin; thence turning and running N. 76 degrees
11 minutes 41 seconds E., a distance of 150 feet to a point; thence
turning and running N. 13 degrees 48 minutes 19 seconds W., a
distance of 355 feet to a point in the Southern line of the right of way
of lOth Street; thence turning and running along said Southern line of
the right of way of 10th Street S. 76 degrees 11 minutes 41 seconds W.,
a distance of 150 feet to a pin, the point of beginning.
IT BEING a portion of the same property conveyed to OCTO,
Incorporated, a Virginia corporation by deed from Littleton C.
Hudgins and Dorothy T. Hudgins, husband and wife, dated March 7,
1969 and recorded March 7, 1969 in Deed Book 1101 at page 334.
IT BEING a portion of the same property conveyed to OCTO,
Incorporated, a Virginia corporation by deed from Virginia Beach
Hotel-Motel Corporation, a Virginia Corporation, Littleton C.
Hudgins, John R. Manby and Dorothy T. Hudgins, Joyce B. Manby
and H & M Corporation, dated March 1, 1969 and recorded March 7,
1969 in Deed Book 11 01 at page 329.
GPIN 2427-24-6673-0000
WHEREAS, it is proposed by the Grantee to construct and maintain a paver pool
deck, two (2), six (6) feet wide paver walkways to bike path, decorative loggia with columns,
fence on concrete base, landscaping, and a balcony, "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 the
Greenbelt adjacent to 921 Atlantic Avenue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City pennit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee 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 pennission 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 substantial accordance with plans that shall have been
submitted to and approved by the City, and is more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "EXHIBIT 1 THROUGH 5
ENCROACHMENT EXHIBIT OF POOL DECK AREA
TIDEWATER HOTELS & RESORTS OCEANFRONT HOTEL
AND CONFERENCE CENTER," a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a more
particular description.
2
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized tenninates upon notice by the City to the Grantee, and that within one hundred
and eighty (180) 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.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold hannless 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 pennission and authority to pennit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to pennit 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 agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
3
It is further expressly understood and agreed that the Grantee must obtain a permit
ITom 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 a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Development Services Center/Planning Department.
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 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 fourteen
(14) days after notice ITom City following the expiration of the time ordered hereinabove by this
4
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, the said OCTO, Inc. has caused this Agreement to be
executed in its corporate name and on its behalf by its president. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
OCTO, Inc.
By~fJ, ~
Helen J. Christic¥',President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by
,CITY
MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OFVt.l'
CITY/G~TY OF ~, to-wit:
The foregoing instrument was acknowledged before me this ó<-3~ day of
~-v e",\ \){ (
, 2004, by Helen J. Christie, President on behalf of OCTO, Inc.
~Q~ Q, ~JA, ,
Notary Public 0
My Commission Expires: Cð 1'=3D1DS?
APPROVED AS TO CONTENTS
SIGNATU~m)~~ C, è>iiUJSfiV',
APPROVED AS TO LEGAL
SUFFIECIENCY AND FORM
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~ ~~~,lIAL FIRST FLOOR PLAN @ POOL PLAZA
EXHIBIT 1 OF 5
ENCROACHMENT EXHIBIT OF POOL DECK AREA
TIDEWATER HOTELS & RESORTS
OCEANFRONT HOTEL AND CONFERENCE CENTER
VIRGINIA BEACH, V A ~
CMSS ARCHITECTS, P.C.
~ KEYPLAN
EXHIBIT A 04-071.000
NOVEMBER 16, 2004
CMSS Architects, P,C, reserves its rights under common low copyright ond ownership rights in connection with the designs, concepts, ond drowings presented in this document. This document(s)
sholl not be reproduced, chonged, or copied in ony form or manner whatsoever, nor shall they be assigned to any thitd party without expressed written consent of CMSS Architects, P,C, @ 2004,
EASTERN SIDE
HOTEL fACILITY
EXISTING
r RIGHT-Of-WAY
~ PROPERTY t LINE OF
1 LINE I ENCROACHMENT
I
I
I
L______----------
I
I
--....1
CONCRETE
BASE, PAINTED
POOL AREA
SECTION THROUGH POOL PLAZA LOOKING NORTH
1/16" = 1'-0'
EXHIBIT B 04-071.000
EXHIBIT 2 OF 5
ENCROACHMENT EXHIBIT OF POOL DECK AREA
TIDEWATER HOTELS & RESORTS
OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER
~ VIRGINIA BEACH, V A ~
CMSS ARCHITECTS, P.C.
NOVEMBER 16, 2004
CMSS Architects, P.C. reserves its rights under common law copyright and ownetship rights in connection with the designs, concepts, and drawings presented in this document. This dacument(s)
shall not be reproduced, changed, or copied in any form or manner whatsoever, nor shall they be assigned to any third patty without expressed written consent of CMSS Architects, P.C. @ 2004.
I
BIKE PATH
HOTEL
<ED
0
0
'\
GRASS
LANDSCAPED AREA
LINE OF BALCONY
PROJECTION ABOVE
GROUND LEVEL
EXISTING RIGHT-OF-WAY
PROPERTY LINE
PROPOSED
9TH STREET PARK
PUBLIC WAY
L~õJ
(O KEYPLAN
EXHIBIT 3 OF 5
ENCROACHMENT EXHIBIT OF BALCONY AREA
TIDEW A TER HOTELS & RESORTS
OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER
VIRGINIA BEACH, V A ~
CMSS ARCHITECTS, P.C.
EXHIBIT C 04-071.000
NOVEMBER 16, 1004
CMSS Architects, P.C. reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s)
sholl not be r~produced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, P.C. @ 2004.
$ ROOFIATTlfF~
+151'-0'
$ 15IhFLOOR- -
+147'-3'
$ 14IhFLOOR- -
+137'.6'
$ 13IhFLOOR_-
+121'.9'
$ 12IhFLOOR- -
+118'.0'
t!þ 1I1hFLOOR- -
+108'.3'
t!þ 10IhFLOOR- -
+98'-6'
t!þ 91h FLOOR - -
+88'.9'
t!þ 81hFLooR - -
+79'-0'
$ 7IhFLOOR_-
+69'.3'
t!þ 6lhFLOOR - -
+59'.6'
$ 5lhFLooR - -
+49'-9'
$ 4lhFLOOR - -
+40'-0'
t!þ 3rdFLooR- -
+29'-0'
$ 2nd FLOOR- -
+18'.0'
t!þ Isl FLOOR - -
0'.0'
,"o,,",y ""' ------J
~ 6th FLOOR - -
+59'-6'
~ 5th FLOOR - -
+49'.9'
o~~~o
-$ 4th FLOOR --
+40'.{)'
~ 3td FLOOR - -
+29'.{)'
GUARD
RAILING
CONCRETE
BALCONY,
PAINTED
~ 1slFLOOR - -
O'.{)'
B
'-
@ ~~~,lIAL EAST ELEVATION
EXHIBIT D 0"-071,000
@ ~;~,lION
EXHIBIT 4 OF 5
ENCROACHMENT EXHIBIT OF BALCONY AREA
TIDEWATER HOTELS & RESORTS
OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER
!!!! VIRGINIA BEACH, V A ~
CMSS ARCHITECTS, P.C.
NOVEMBER 16, 200..
CMSS Architects, PoCo reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s)
sholl not be reproduced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, PoCo @ 2004.
~
PAVER WALK BEACH
ACCESS, 6'-0":1: WIDE
J
I
LINE OF BALCONY
PROJECTION ABOVE
GROUND LEVEL
I PROtOS~D \
10TH ST EET PARK
I PUBL C W Y
\
- PROPOS:-l
9TH STREET PARK
PUBLIC WAY
~I ~
~
~
"
"-
"-
\
,
\!
J
J
ATLANTIC AVENUE
52""
52'-6"
380'<1'
m'<1'
~ ~~,~ST FLOOR CONCEPT PLAN
EXHIBIT E 04-071.000
EXHIBIT 5 OF 5
ENCROACHMENT EXHIBIT OF POOL DECK AREA
TIDEWATER HOTELS & RESORTS
OCEANFR 0 NT HOTEL AND CO NFEREN CE CENTER
~ VIRGINIA BEACH, V A ~
CMSS ARCHITECTS, P.C.
NOVEMBER 16, 2004
CMSS Architects, P,C, reserves its rights under common low copyright and ownership rights in connection with the designs, concepts, and drawings presented in this document. This document(s)
sholl not be r~produced, changed, or copied in any form or manner whatsoever, nor sholl they be assigned to any third party without expressed written consent of CMSS Architects, P,C, @ 2004,
Conditional Zoning Change from A-18 to A-24
[Ð DATE
1. 12-15-
80
3-16-81
I REQUEST
Rezoning (R- 7 Residential to A-3 Apartment,
modified to A-2 Apartment)
Rezoning (A-1 Apartment to A-3 Apartment,
modified to A-2 Apartment)
Rezoning (1-1 Industrial and R-5D Residential to
Conditional A-24 Apartment)
Reconsideration of Conditions (#1 and 7)
2. 2-11-02
3. 5-10-94
0
I ACTION
Approved
Approved
Approved
Denied
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Beach Club II Unit Owners Association, Inc. - Change of Zoning District
Classification
MEETING DATE: December 7, 2004
.
Background:
An Ordinance upon Application of Beach Club II Unit Owners' Association, Inc.
for a Chanqe of Zoninq District Classification from A-18 Apartment District to
Conditional A-24 Apartment District on property located at 1100 Indian Road
(GPINS 24177368158640; -8660; -8680; -8670; -8700; -8690; -8720; -8710; -
8740; -8730; -8760; -8750; -8780; -8770; -8800; -8790; -8820; -8810; -8840; -
8830; -8860; -8850; -8880; -8870; -8900; -8890; -8920; -8910; -8940; -8930; -
8960; -8950; -8980; -8970; -9000; -8990; -9020; -9010; -9040; -9030; -9050; -
9060; -9070; -9080; -9090; -9100; -9110; -9120; -9130; -9140; -9150; -9160; -
9170; -9180; -9190; -9200; -9210; -9220; -9230; -9240; -9250; -9260; -9270; -
9280). The Comprehensive Plan identifies this area as being the Oceanfront
Resort Area. DISTRICT 6 - BEACH
.
Considerations:
This condominium project was developed in the early 1980's. The site plan
submitted at the time of development depicted 4.03 acres of land area. The
zoning on the parcel permitted 73 units. The developer proposed 64 multiple-
family units (Beach Club II), an office, and 8 townhome style units. The 64
multiple-family units (Beach Club II) and office were developed in 1982. The
town home style units were not constructed and the land area designated for the
townhouses was subdivided out of the parcel and sold to another developer. At
some point in the mid-1980s, the office was converted into another dwelling unit,
thus increasing the overall density of the development beyond that allowed. A
new homeowners association and board recently discovered the discrepancies
when they took over management of the development. This rezoning has been
requested as a means of "cleaning up" the discrepancies and clearing any issues
that could complicate the individual titles.
The Planning Commission placed this item on the consent agenda because the
proposal is consistent with Comprehensive Plan recommendations, resolves a
legal issue for the homeowners of the development, and there was no opposition.
.
Recommendations:
Beach Club 1\ Unit Owners' Association, Inc.
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommended approval. Planning Commission recommended
approval.
Submitting Department/Agency: Planning Department ~
City Manager: ~) c ð-& VVUr...
BEACH CLUB II UNIT OWNERS'
ASSOCIATION, INC.
Agenda Item # 7
November 10, 2004 Public Hearing
Staff Planner: Faith Christie
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
-."""""""""'"
location and General Information
Chanqe of Zoninq District Classification from A-18 Apartment District
to Conditional A-24 Apartment District
Property
located on
1100 Indian
Road
2417-73-6815-8640 through 9280 (65 units)
6-BEACH
BEACH CLUB II
Agenda Item # 7
Page 1
SITE SIZE:
3.3 acres
EXISTING
LAND USE:
Beach Club II condominium, parking and recreational areas occupy
the site.
East:
West:
. Multiple-family dwellings / A-18 Apartment
. Multiple-family dwellings / A-18 Apartment
. Indian Road
. Across Indian Road are multiple-family dwellings /
A-18 Apartment
. Multiple-family dwellings / A-18 Apartment
SURROUNDING North:
LAND USE AND South:
ZONING:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
There are no natural resources or cultural features associated with
the site.
AICUZ:
The site is in an AICUZ of more than 75dB Ldn surrounding NAS
Oceana. The United States Navy is not opposed to the request.
Summary of Proposal
This condominium project was developed in the early 1980's. The site plan submitted at
the time of development depicted 4.03 acres of land area. The zoning on the parcel
permitted 73 units. The developer proposed 64 multiple-family units (Beach Club II), an
office, and 8 townhome style units. The 64 multiple-family units (Beach Club II) and
office were developed in 1982. The townhome style units were not constructed and that
land area was subdivided out of the parcel and sold to another developer. At some point
in the mid-1980s, the office was converted into another unit, thus increasing the overall
density of the development beyond that allowed. A new homeowners association and
board discovered the discrepancies when they took over management of the
development. This rezoning has been requested as a means of "cleaning up" the
discrepancies and clearing any issues that could complicate the individual titles.
BEACH CLUB II
Agenda Item # 7
Page 2
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the Comprehensive Plan recommendations for the area.
. Compatibility with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan depicts this site as part of the Oceanfront Resort Area.
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1». Should
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
BEACH CLUB \I
Agenda Item # 7
Page 3
PROFFER # 1
The Property as currently developed shall be no more than
sixty-five (65) multi-family residential units substantially in
conformance with the Exhibit entitled "SITE PLAN -
BEACH CLUB II", dated 6/84, prepared by Hoggard / Eure
Associates, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach
Department of Planning.
Staff Evaluation of The proffer is acceptable. It insures that there will be no
Proffers: changes to the site, as it currently exists.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated July 30, 2004, and found it to be legally
sufficient and in acceptable legal form.
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the 'Major Issues' identified above. The
proposal's strengths in addressing the 'Major Issues' are as follows:
(1) The site is consistent with the Comprehensive Plan recommendations for the
area. There is a mixture of densities in the immediate area that provide
affordable resort homes. Interestingly, had the property not been subdivided in
the early 1980s, the site density would comply with its existing zoning.
(2) The site is obviously compatible with the surrounding uses, as it has existed in
this form since the mid 1980s. The property is well maintained and a desirable
location to live.
Staff, therefore, recommends approval of this request.
BEACH CLUB II
Agenda Item # 7
Page 4
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable City Codes.
BEACH CLUB II
Agenda Item # 7
Page 5
Supplemental Information
Zoning History
Conditional Zoning Change from A-18 to A-24
3. 5-10-94
I REQUEST I ACTION
Rezoning (R-7 Residential to A-3 Apartment, modified to Approved
A-2 Apartment)
Rezoning (A-1 Apartment to A-3 Apartment, modified to Approved
A-2 Apartment)
Rezoning (1-1 Industrial and R-5D Residential to
Conditional A-24 Apartment)
Reconsideration of Conditions (#1 and 7)
Approved
[]] DATE
1. 12-15-
80
3-16-81
2. 2-11-02
Denied
BEACH CLUB II
Agenda Item # 7
Page 6
Public Agency Comments
Public Works
Indian Road is a local residential street within this
established nei hborhood with little throu h traffic.
Water and
Sewer:
City water and sewer are available to the site.
Public Utilities
Police:
l£jre and ~escue:
Public Safety
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and
strate ies as the ertain to this site.
I Fire issues were addressed during construction of the site. I
BEACH CLUB II
Agenda Item# 7
Page 7
Exhibit A - 1
Aerial of Site
Location
t
~=
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I z
181-
BEACH CLUB 1\
Agenda Item # 7
Page 8
Exhibit A - 2
Aerial of Site
Location
BEACH CLUB II
Agenda Item# 7
Page 9
Exhibit B
Proposed Site
Plan
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BEACH CLUB II
Agenda Item # 7
Page 10
Exhibit C
Unit Pictures
BEACH CLUB II
Agenda Item # 7
Page 11
Exhibit D
Unit Pictures
BEACH CLUB II
Agenda Item# 7
Page 12
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I - , - DISCLOSURi~!!,TEMENT]
APPLICANT DISCLOSURE
If tM applicant is a corporation. pMnmship, lim1. buslnas$, or other unh100rp(>rllled
orgnnlzlltkm, complete the rollowing:
\If list tho applicant name lollOW&d by the namcs 01 all officors. members. trustees.
partners, 010. below: (Atlllcil list it necessary)
Reach Club II Unit Owners' Association Inc.. u Vitginia corpotalion: Michaol Chinn.
Pmsldcnl; David Compton. Vice President: Michaol Wheatley. 2"" Vìœ Ptèsidonl;
LInda Phillips, Secretary; Lalltel Bishof). Tre¡¡surer
2. Ust ail businesses that have II p<~F( nl'$ubsidiary' ot affrllalOO busin!1$!; entitr
mialionsilip wilh tho applicant: (Mtllc" /i"t if necussary)
0 Check hom il tho applicant Is NOT a corporati,,". pßrtnershlp. fítm. busln05s, or
other unincorporated orgatlilatlon.
PROPERTY OWNER DISCLOSURE
Gomlltele t"is sectiol1 ol1ly if propmty OW""" is rliffemul fmm ¡¡PflUG/wi,
If tho p[Op"'ly ownor is a eOtpor3!iür\, pmtllm~hil). Hrm. b.".inosß, or oU1m
ur\incorporatod or9anizatlol), complo!() Iho "'lIowing:
1. List Ih() property OWlicr name 10llowed by 1M nomes of all officers. members.
trustO()S, partners. elo. below: (Atlaclllisl it t!(¡COSs8r/)
2. List nil businesses thaI hAve a rmreni-suh5,¡lj¡IIY' or ¡1f!íliated busines¡, ontil/
relationship with the applicant (Allllclr líst if ","ccssary)
0 Cht]Çk here II ti,l) property <rwnat is NOT a corporation. partnership, firm. business.
or QUi"r unincotp<rrðted organization.
'ii,'5;; ~;~í;';g';îõfioo¡;;;;¡~'
DISCLOSURE STATEM
AODtTlONAL DISCLOSURES
Ust IlIi known contraclOts or busIMS$()s that hav!> or will provide sl)rvitUS with H!Specl
10 the roquested ptoperty use, Including but not limi1Cd to the providers of architeclut31
smvices, real esfale services. finencial $l)fVÌ\;e$, flCtŒJrltlng services. and I~al
services: (Attach lisl it O!1cossary)
Sykes, Oourdon. Ahem &. levy., P.C.
Hmry R. Purkey, Jr.. EsqUire
I -Parent,subsidiary relationship" means. 0 rebtionship thatllxists whon one
corporation directly or indirectly owns shares pO%Q>sing mom tMn 50 pNeenl 01 the
votinq pOWIlt 01 anolher cotp(>mtion: SHe State ane! Local Govamment ('""nlliel 01
Int'm",)lsAc!, Vii. Cod" § 2.2.3101.
? .'Affiliale" business un lily fèlalior\ßI1ÌIJ """,n~ 'ù relationship, olhOl Ihan
p¡IIt)l\I-5lJ!)sidiary relationship, IhalG"ists ",I'en (i) OM t)usiness entity hIls U
Çùnlfolling ownership iJi!Nes! in tho other ;",",'1"(,$ ""lily, Iii) a conlmlling ownur in
or1l1 ""tily is illSo a controlling owner in Ihe "Ihot ,!ntily. or (Iii) thero Is shared
manauemenl or contml belwQclt Iho !Jusino,", ""HI<.'" r'lctom Ih'll :;houkl be
cons<t!med !n delormininu tilt! uxlst",;c" of "n fllldnld¡ hus;noss onllty rolalionship
inClude Ihat the Sl1lm~ porson or substantially Itl" (¡arm) person own or maMgo Ihe IWO
enlitie": tholo arc wmmon or col11minolt1ct t"o,¡" or "s~"ls; tho huSifW.S8 t>ntilies shore
Iho li$(! of Ihn $arnn offices Of emPIOy';"s Of ...lh",wi'iØ ,,;lam flctivitios, IIIsourW$ <>r
pmsmm.,1 on a IOgul¡1r basis; Qt Ihew 15 !>\hec."i"e a closlJ working rolationshìp
b"tw""" !1m OI1títies: SI1O State and Local Go'mll""""t ConOicl of IntOtOSIS Ac\, Va.
Code § 22.3101.
CERTIFICATION: I certify that tho InfOllnall",. ('onl¡1Ined howin Is true and ACeuttllO,
111ntlorsl!",d that. UP')11 recelplof notilícation u,ostc¡)td) thnt tho appliCiltion ha$ been
sohodu!()(! lor public hearing. 1 am ruspol\sible ror ob!aining vnd [)03!ing fhe required
"'nn or) Iho subjecl ptoperty (II least 30 d3Ys prior 10 Iho schoduled pUblic hearing
trr the inslru<.!ion5 'n Ihi>;
Owner','
M,c!i;Jn; Chinn. Pmsidanl
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Item #7
Beach Club II Unit Owners' Association, Inc.
Change of Zoning District Classification
1100 Indian Road
District 6
Beach
November 10, 2004
CONSENT
William Din: Item #7, Beach Club II Unit Owners' Association, Inc. This is an
application for a Change of Zoning District Classification from A-18 Apartment District
to Conditional A-24 Apartment District. This is on property located at 1100 Indian Road
in the Beach District. Is there a representative for this application?
Eddie Bourdon: Eddie Bourdon, a Virginia Beach attorney, and we're certainly
appreciative for being on the consent agenda.
William Din: Thank you, Mr. Bourdon. If there is no objection, Ms. Anderson would
you please explain this one?
Janice Anderson: Yes. Thank you. This is a Change in Classification from A-18 to A-
24. This is property located of Norfolk Avenue and Indian Road. This development was
built in the early 1980's and it was first approved as an A-18 density. A portion of the
property was conveyed later that was right off of Norfolk Avenue. Therefore the
resulting condo units were non-confonning, as far as density is concerned with the A-18.
This application is really to clear up the density since the portion of the property was sold
and also, I believe as you show on the additional unit that was an office and now they
changed into a unit. We believe this application should be approved and recommended
approvaL This area has been in existence since the 1980's. These units in there are well
maintained and it's the proper use in this area.
William Din: Thank you Ms. Anderson. I'd like to make the following recommendation.
I'd like to move that the following item be placed on consent. Item #7 is a proffered
application located also in the Beach District.
Dorothy Wood: Do I hear a second?
Barry Knight: Second.
AYE 11
NAY 0
ABSO
ABSENT 0
c::=-
ANDERSON
CRABTREE
DIN
HORSLEY
AYE
AYE
AYE
AYE
Item #7
Beach Club II Unit Owners' Association, Inc.
Page 2
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, Item #7 has been approved for consent.
Dorothy Wood: Thank you all for coming down.
c:==.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6006
DATE: November 15, 2004
TO:
Leslie L. Lilley
William M. Macali \j\t)\
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE:
Conditional Zoning Application
Beach Club IT Owners' Association, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on December 7,2004. I have reviewed the subject proffer agreement, dated July 30,2004,
and have detennined it to be legally sufficient and in proper legal fonD. A copy of the agreement is
attached.
Please feel tree to call me if you have any questions or wish to discuss this matter further.
WMM/nlb
Enclosure
cC:~K:athleen Hassen
BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC., a Virginia non-stock, non-
profit corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CI1Y OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of July 2004, by and between
BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC., a Virginia non-stock, non-
profit corporation, Grantor; and THE CI1Y OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, GRANTEE, party of the second part.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located
in the Beach District of the City of Virginia Beach, containing approximately 3.338
acres and described as "Beach Club II Condominium" as more particularly
described in Exhibit" A" attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, the Grantor 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 Classification of the Property from A-18
Apartment District to Conditional A-24 Apartment District; and
WHEREAS, the Grantee's policy is to provide only
development of land for various purposes through zoning
development legislation; and
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 Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions goveming the use
for the orderly
and other land
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
PREPARED BY:
the Grantor's rezoning application gives rise; and
1MB SYK£S. BOURDON.
m AHilt~ & LM. P.C
GPIN: 2417-73-6815
-1-
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the A-24 Zoning District 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
Grantor,
for
itself,
its
successors,
personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building
permit, or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use
of the Property and hereby covenants and agrees that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1.
The Property as currently developed shall be no more than sixty-five (65)
multi-family residential units substantially in conformance with the Exhibit entitled
"SITE PLAN - BEACH CLUB II", dated 6/84, prepared by HoggardlEure Associates,
which has been exhibited to the Virginia Beach City Council and is one file with the
Virginia Beach Department of Planning.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance 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,
PREPARED BY,
IIBSYKIS. ROURDON. amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
m AllfRN & LM. P.C
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
-2-
PREPARED BY:
(3Ia SYHS. ROURDON.
MAIlillN &LM.P.C
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.
The Grantor covenants and agrees that:
(1)
The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2)
The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3)
If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4)
The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and the Grantee.
-3-
PREPARED BY:
na SYHS. ROURDON.
m AIImN & liVY. P.C
WITNESS the following signature and seal:
Grantor:
BEACH CLUB II UNIT OWNERS' ASSOCIATION, INC.
By:
~ ~/k--
.~ '/'/
Michael Chinn, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 2nd day of August 2004,
by Michael Chinn, President of Beach Club II Unit Owners' Association, Inc., a Virginia
non-stock, non-profit corporation, Grantor.
/I~ ß /1m ~iu9
Notary Public
My Commission Expires: August 31, 2006
-4-
, .
EXHIBIT "A"
ALL THAT certain residential condominium entitled and known as BEACH CLUB II,
located in the City of Virginia Beach, Virginia, and all common elements appurtenant, as
more particularly described, designated, and shown in that certain Condominium
Declaration dated April 10, 1984, and recorded in the Clerk's office of the Circuit Court of
the City of Virginia Beach, Virginia, in Deed Book 2347, at Page 35, with the exhibits
thereto.
GPIN: 2417-73-6815
CO ND REZO NElBEA CH CLUBII/PRO FFER
PREPARED BY:
IJIB SVIŒS. ROURDON.
tmlAHŒN & LM.P.C
-5-
Zoning History
i#j Conditional Zoning - Recorded Proffers
rn DATE I REQUEST
1 09/28/04 CUP Motor Vehicle Rentals
2 OS/25/04 CUP Automobile Repair
3 09/09/03 Conditional Rezoning from 1-1 to B-2
CUP Motor Vehicle Sales and Service
4 03/25/03 Street Closures
Rezoning from 1-1 & B-2 to Conditional B-2
CUP Motor Vehicle Sales
5 01/28/03 Street Closure
6 12/10/02 CUP Motor Vehicle Sales
I ACTION
Granted
Granted
Granted
Granted
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Stephen Letourneau - Conditional Use Permit (automobile repair garage)
MEETING DATE: December 7, 2004
.
Background:
An Ordinance upon Application of Stephen Letourneau for a Conditional Use
Permit for an automobile repair garage on property located at 156A Chestnut
Avenue (GPIN 14874303930000). DISTRICT 3 - ROSE HALL
.
Considerations:
The applicant proposes to operate a small automotive paint repair business. The
proposed business will occupy 3,750 square feet of an existing building. The
applicant will have two employees. The proposed hours of operation are 8:00 AM
until 5:00 PM Monday through Friday.
The use is consistent with the existing character of the area and represents a
transitory use until this area redevelops as envisioned by the Comprehensive
Plan. The addition of this operation within an existing structure is expected to
have negligible impact on the surrounding uses and zoning.
The Planning Commission placed this item on the consent agenda because it is
consistent with the surrounding uses, Staff recommended approval, and there
was no opposition.
.
Recommendations:
The Plar~ming Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The applicant shall obtain all necessary permits, inspections and
approvals form the Fire Department and the Permits and Inspections
Division of the Planning Department before occupancy of the building. A
Certificate of Occupancy of the use shall be obtained from the Permits and
Inspections Division of the Planning Department.
2. Vehicles shall be parked within designated areas, and no vehicles shall be
parked or displayed within any portion of any public right-of-way or in any
Stephen Letourneau
Page 2 of 2
landscaped area. Storage of vehicles awaiting pickup shall not obstruct
Fire Department access to the site.
3. All work shall be performed inside the building. No outside storage of
equipment, parts or materials shall be permitted.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
5 u bmitting DepartmentJ Agency: Planning Departmen~~
City Manager: ~ \t- ~~
STEPHEN LETOURNEAU
Agenda Item # 8
November 10, 2004 Public Hearing
Staff Planner: Karen Prochilo
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
Location and General Information
Conditional Use Permit for an automobile repair garage.
Property
located at
156A
Chestnut
Avenue.
I'IC.md.".m,'Z<m."Ii. '~<,"""Pn'¡;".
CUP 'Ò, -\"'" P.i'p.", C,:¡r.'go
14874303930000
3 - ROSE HALL
Part of 31 ,450 SF parcel.
Proposed lease space is 3750 SF.
STEPHEN LETOURNEAU
Agenda Itern# 8
Page 1
EXISTING
LAND USE:
The 31,450 SF site is zoned 1-1 Industrial District. There is an existing
office/warehouse building located on the site.
SURROUNDING
LAND USE AND North:
ZONING: South:
East:
West:
. Motor vehicle sales & service / B-2 community
Business District
. Warehouse / 1-1 Industrial District
. Warehouse / 1-1 Industrial District
. Across Chestnut Street is a nonconforming asphalt
plant / Conditional B-2 Community Business
District
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The site has an existing office warehouse located on it. There are no
significant natural resources or cultural features on this site.
AICUZ:
The site is in an AICUZ of Less Than 65 dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The applicant proposes to operate a small automotive paint repair business. The
proposed business will occupy 3,750 square feet of an existing building. The applicant
will have two employees. The proposed hours of operation are 8:00 AM until 5:00 PM
Monday through Friday.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
STEPHENLETOU RNEAU
Agenda Item # 8
Page 2
. Consistency with the recommendations of the Comprehensive Plan for this area.
. Compatibility of the proposed use with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan identifies this area as being within Strategic Growth Area 5-
North Rosemont Area and recognizes primarily suburban and commercial land use
patterns. "One of the goals for this area is to significantly increase the proportion of
residential units and non-retail employment base". The plan does not recommend any
industrial uses for this Strategic Growth Area, but the Plan recognizes that such uses
will exist in the area in the near-term. The Plan indicates that "Redevelopment of the
area between Bonney Road and 1-264 should occur over time."
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal is unable to address long term
recommendations of this Strategic Growth Area through redevelopment since the
applicant is not the property owner. The applicant is only leasing one unit in an existing
building. However, the surrounding uses in the area are either motor vehicle related or
industrial in nature. Thus, the use is consistent with the existing character of the area
and represents a transitory use until this area redevelops as envisioned by the
Comprehensive Plan. The addition of this operation within an existing structure is
expected to have negligible impact on the surrounding uses and zoning.
Conditions
1. The applicant shall obtain all necessary permits, inspections and approvals form
the Fire Department and the Permits and Inspections Division of the Planning
Department before occupancy of the building. A Certificate of Occupancy of the
use shall be obtained from the Permits and Inspections Division of the Planning
Department.
STEPHENl£TOURNEAU
Agenda Itel11 # 8
PagE3 3
2. Vehicles shall be parked within designated areas, and no vehicles shall be
parked or displayed within any portion ot any public right-ot-way or in any
landscaped area. Storage of vehicles awaiting pickup shall not obstruct Fire
Department access to the site.
3. All work shall be performed inside the building. No outside storage of equipment,
parts or materials shall be permitted.
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.
STEPHEN LETOURNEAU
Agenda Item # 8
Page 4
Supplemental Information
Zoning History
J#! Conditional Zoning - Recorded ProFFer!>
[I] DATE I REQUEST
1 09/28/04 CUP Motor Vehicle Rentals
2 OS/25/04 CUP Automobile Repair
3 09/09/03 Conditional Rezoning from 1-1 to B-2
CUP Motor Vehicle Sales and Service
4 03/25/03 Street Closures
Rezoning from 1-1 & B-2 to Conditional B-2
CUP Motor Vehicle Sales
5 01/28/03 Street Closure
6 12/10/02 CUP Motor Vehicle Sales
I ACTION
Granted
Granted
Granted
Granted
Granted
Granted
STEPHEN LETOURNEAU
Agenda Itel11 # 8
Page 5
Public Agency Comments
Public Works
Master Bonney Road in the vicinity of this site is a four (4) lane undivided
Transportation urban arterial. It is shown on the MTP as an undivided facility with
Plan (MTP): a 7a-foot wide right-of-way.
VDOT is in the process of conducting a comprehensive corridor
study of 1-264, which will involve improvements to the Rosemont
Road and 1-264 interchange. Preliminary concepts for the
improvements indicate the potential for an impact of this site at
some point in the future.
Traffic Street Name Present Present Generated Traffic
Calculations: Volume Capacity
The difference between the
Chestnut Not available Not available
Street traffic generated by the
proposed use and the
Bonney Road 16,588 ADT 1 22,800 ADT 1 existing land use is
nealiaible.
,
Average Dally Tnps
Public Utilities
Water and
Sewer:
This site is connected to Cit water and sewer.
Public Schools
I School
I Not applicable - No comments
Public Safety
Police:
The applicant is encouraged to contact and work with the Crime
Prevention Office within the Police Department for crime prevention
techniques and Crime Prevention Through Environmental Design
CPTED conce ts and strate ies as the ertain to this site.
I Fire and
Rescue:
I No comments
STEPHEN LETOURNEAU
Agenda Item # 8
Page 6
Exhibit A - 1
Aerial of Site
Location
STEPHENLETOURNEAU
Agenda Item # 8
Page 7
Exhibit A - 2
Aerial of Site
Location
STEPHEN LETOURNEAU
Agenda Item # 8
Page 8
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STEPHEN LETOURNEAU
Agenda Item # 8
Page 9
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STEPHEN LETOURNEAU
Agenda Item# 8
Page 10
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DISCLOSURE STATEMENT
- APPLICANT DISCLOSURE
If tho applicant is a corporation. partnership, firm. business. or olhol unincorporated
organization, complete tho following:
1, list tho applict1nt namo followed by tho names of all oflìcOts, members. tfUstoOS.
partnors, ote. below: (Attach lisllf necessary)
2. List (III businesses thut have a p(lrent-subsidiary' or artlliated business ontitv'
relatimwt\ip with tho npplicanl: (Alii/"/) lisl if f)f}CQS$Oty)
~ r¡¡) Chock horo if tho ilpplìeanl is NOTa corpomtÎon, partnOfship,litTl1, business, Ot
other unincorporatod organizalion,
PROPERTY OWNER DISCLOSURE
Camplof¡) tltis $()clirJ/! ooly if property o\'ltlflr is difforolll from <lpplk;anl.
If tho proporty ownor is II corpomlion. par/tlorship, finn, buslmll;s, or other
Li!\ineorporaled organization. complete Iho following:
1, List the prop<y owner name followed by the names of all offfcet$, membars.
trusle!)$, patlnors, otc. bolow: (Attach list if nøcesslllY)
2. List nil businesses that have a parent-subsidiary' Ot aflíliated business onlitv'
rutatlo/1ship with tho applicant: (A/tacll lisl if flOCOSSIIIY)
Œ! Check hem If tho property owner is NOT a corporation. par1norship, flml, business.
or othOt unincotpOraled organizaUon.
I~-~ ~-~~. DI S ~~O~U R E ~~ T e:~i!!!J
ADDITIONAL DISCLOSURES
Lh,t all known contractom or businesses Ihat have Or will provido services with tOSpoct
to tho requestod property use, including but not limited 10 tha providers of Mchlteclural
serviees. real eslalo servk.as, línancial services, act'Ounllng services ¡md logal
services: (Attach lisl if necessary)
, 'Paront-subsldiary mliltionship" means "/} mlalìonship that oxlsts when ono
corporalion dlroctly or indirectly Ollm!; shams posso$sing nloro than 50 pon;anl 01 thø
voting power of nnolhet corporation." SeQ Slate and Local Government Conflicl of
!nletests ACI, Va, Corlo § 2.2-3101.
2 "Affiliated business Ut1lily rolali()l1ship" (1\MnS "a rolation$hip. other than
parenl-1¡ubsidiary relnlìOt\ship. Ihat axists when (i) one business entity has a
controlling ownorship interosl in Ihe olher business rmtily, (ii) a controlling ownOt in
ono entity is atso a controlling owner in the othðt enllty, Ot (Iii) Ihem Is shmed
management or conlrol belwean the buslnoss ontitios. faclors Ihat should be
considered in dotemlinlng the existence ot an affiliated business entity relationship
incfudo that tho same person or subslanlìally tho same person own or manage the two
onlílies; Ihero are common Ot commlnglod funds Ot asBots; tM business onlìtìo$ sham
Iho use of Iho sarin) offices or employe!!s or othorwise share activities, rosources or
personnel on II regular basis; or theta is olherwlse a closo working mlallonship
between tho entities," Soe Stalo and local Goveml11ont Conflict of Intoresl$ Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that tho Information contalnod heroin is truc and acmJtalo.
I \l!\delst8.tld Ihal, upon receipt 01 notification (postcard) thai the application hM been
scheduled for public hearíng, I am ro&ponsiblo for obtainIng and po sling tho lOt¡uirod
sign on Ihe subject prpporty at least 30 days prior to the schedulod p(¡blie heMing
aC:;l°rdl . to Iho in§l(.uctions in Ihis packilge.
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Item #8
Stephen Letourneau
Conditional Use Pennit
156A Chestnut Avenue
District 3
Rose Hall
November 10, 2004
CONSENT
William Din: The next item I have is Item #8 Stephen Letourneau. This is an application
for a Conditional Use Pennit for an automobile repair garage on property located at 156A
Chestnut Avenue located in the Rose Hall District. There are three conditions associated
with this application.
Stephen Letourneau: Hi. I'm Stephen Letourneau. I'm the owner of the company.
William Din: Have you read the conditions?
Stephen Letourneau: Yes I have and I do agree.
William Din: Is there any objection to placing this on consent? If not, Mr. Crabtree will
explain this item.
Eugene Crabtree: This business is going into an area that is already automotive and is
part of the strategic growth area. The business that is proposed to go in there will service
those automotive businesses that are already there. This is between Bonney Road and 1-
264 and it completely confonns to the addresses that are in the area. We think that it is a
good use for this particular area in this business so we put it on consent agenda.
William Din: Thank you Mr. Crabtree.
Stephen Letourneau: Thank you very much.
William Din: I'd like to move that the following item be placed on consent. Item #8
with three conditions located in the Rose Hall District.
Dorothy Wood: Do I hear a second?
Barry Knight: Second.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON
CRABTREE
DIN
HORSLEY
AYE
AYE
AYE
AYE
Item #8
Stephen Letourneau
Page 2
KA TSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, Item #8 has been approved for consent.
Supplemental Information
Map G-3
Ma Not to Scale
~
r
Lynnhaven River
{#} Cond;ûonall<Jning - Recorded Prolters
CUP Multiple family dwelJings
1# I DATE I REQUEST I ACTION
1. 9-12-95 Conditional Use Permit (Motor Vehicle Rental) Withdrawn
4-9-91 Change in a Nonconforming Use Approved
3-22-82 Street Closure Approved
6-8-70 Conditional Use Permit (Small Boat Rental) Approved
5-12-69 Conditional Use Permit (Small Boat Rental) Approved
9-30-63 Rezoning (C-G 2 General Commercial to CoG 3 General Commercial)
Denied
2. 1-23-96 Conditional Use Permit (Rooftop Communication Tower) Approved
3. 7-9-96 Conditional Use Permit (Rooftop Communication Tower) Approved
4. 1-14-03 Rezoning (B-4 (SO) Resort Commercial! Shore Drive Corridor Overlay to A- Denied
12 Apartment with a PD-H2 Planned Unit Overlay District)
Reconsideration - Revised Conditions
4-8-03 Approved
5. 1-14-03 Conditional Use Permit (3 Multiple-family units) Approved
6. 6-27-95 Reconsideration of Conditions (#1 and 2) Approved
2-28-95 Reconsideration of Conditions (Delete #3) Approved
3-22-94 Conditional Use Permit (Watercraft rental) Approved
7. 4-30-90 Conditional Use Permit (Carwash) Withdrawn
4-28-88 Conditional Use Permit (Carwash) Withdrawn
8. 5-24-94 Conditional Use Permit (Marina) Approved
9. 6-11-96 Street Closure Approved
10. 10-10-00 Street Closure Approved
11. 4-27-04 Conditional Use Permit (Off-site Parking Lot) Approved
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The Terry Companies Five, LLC. - Conditional Use Permit (multiple family
dwelling units)
MEETING DATE: December 7, 2004
.
Background:
An Ordinance upon Application of The Terry Companies Five, LLC. for a
Conditional Use Permit for multi-family dwellings on property located on the north
side of Shore Drive at its intersection with Cherry Tree Place and continuing in a
westerly direction to the Chesapeake Bay (GPINS 14897971060000;
14898809070000; 14898839890000; 14878920760000; 14898920050000).
DISTRICT 5 - L YNNHAVEN
.
Considerations:
The applicant seeks a Conditional Use Permit for multifamily residential
dwellings. The specific proposal is to demolish the Duck In and develop the site
with 158 luxury multi-family condominiums. The project is designed to provide a
village-style community of six mid-rise residential buildings connected by covered
walkways. The five to seven story structures are of architecture reminiscent of
the late 19th Century and early 20th Century rambling cottage styles found along
the Virginia Beach oceanfront. Wide veranda style porches grace the exterior of
the units. Green lawns will extend from the buildings to the dune lines. The
existing gazebo will be retained and refurbished. All of the buildings will have
views of the Chesapeake Bay or the Lynnhaven River, or both.
The proposal will transform this bayfront site into an upscale residential
community, providing a gateway to the eastern part of Shore Drive. The five to
seven story heights of the structures will provide transition in scale from the
adjacent tower style condominiums. Parking will be provided at two spaces per
unit. Additional parking is provided for guests. All parking will be concealed from
view of Shore Drive, located beneath five of the residential buildings and on an
elevated parking deck located in the center of the project.
The request is consistent with the recommendations of the Comprehensive Plan
in that it complies with the policies established for the Shore Drive Corridor,
primarily the need to preserve and protect the character, environmental and
economic value, and aesthetic quality of the adjacent neighborhoods. The
request is compatible with the surrounding uses. While the applicants could apply
for a Conditional Use Permit for the maximum allowed density for the site, 275
The Terry Companies Five, L.L.C.
Page 2 of 2
units, they allowed the design and scale of the proposed buildings to determine
the density for the site. The site and buildings are designed within the parameters
of the Shore Drive Corridor Design Guidelines, providing high quality building
materials and extensive landscaping.
There was opposition to the proposal.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
exhibits entitled "POINT CHESAPEAKE, CONDOMINIUMS ON THE
CHESAPEAKE BAY", (Site Plan, Aerial Site Model, Aerial Renderings),
prepared by CMSS Architects, PC, for Terry Companies Five, L.L.C. Said
plans have been exhibited to the City of Virginia Beach City Council and
are on file in the City of Virginia Beach Planning Department.
2. Architectural elevations, building material samples, .and color samples
shall be submitted for review with the site plan during detailed site plan
review in the City of Virginia Beach Planning Department / Development
Services Center.
3. A public access / recreation easement shall be dedicated over a portion of
the beachfront. The exact width and location shall be determined during
detailed site plan review in the City of Virginia Beach Planning Department
/ Development Services Center.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Deparlmentl Agency: Planning Department ~~
City Manager: r q¡ ðr't
THE TERRY
COMPANIES FIVE, L.L.C.
Agenda Item # 9
November 10, 2004 Public Hearing
Staff Planner: Faith Christie
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
Location and General I nformation
Conditional Use Permit request for Multiple-Family Dwelling Units
Property located
on the North side
of Shore Drive at
its intersection
with Cherry Tree
Place, and
continuing in a
northern and
westerly direction
to the
Chesapeake Bay
M4Þ G-J
Moo Not to Sco'c
i
"""""'f."N'"
'y""h,~o_,
""""'~"."'","o,."""_"""'"
14897971060000; 14898809070000; 14898839890000;
14898920760000; 14898920050000
5-LYNNHAVEN
7.64 acres
THE TERRY COMPANIES FIVE,LLC
Agenda Item # 9
Page 1
EXISTING
LAND USE:
The Duck In restaurant, parking areas and a gazebo occupy the site.
SURROUNDING North:
LAND USE AND South:
ZONING:
East:
. Chesapeake Bay
. Shore Drive
. Resort related uses - Restaurants and Marinas / B-
4 (SO) Resort Commercial - Shore Drive Corridor
Overlay District
. Condominiums / B-4 (SO) Resort Commercial -
Shore Drive Corridor Overlay District
. Lynnhaven Inlet
West:
NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The Duck In has existed on the site for more than 50 years, and is
considered a landmark on Shore Drive. Several live oaks exist on the
lot at the intersection of Cherry Tree Place and Ocean Shore Avenue.
This site is not part of the request, and the live oaks will not be
disturbed.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Summary of Proposa
The applicant proposes to demolish the Duck In and develop the site with 158 luxury
condominiums. The project is designed to provide a village-style community of six mid-
rise residential buildings connected by covered walkwa~s. The five to seven story
structures are of architecture reminiscent of the late 19t Century and early 20th Century
rambling cottage styles found along the Virginia Beach oceanfront. Wide veranda style
porches grace the exterior of the units. Green lawns will extend from the buildings to the
dune lines. The existing gazebo will be retained and refurbished. All of the buildings will
have views of the Chesapeake Bay or the Lynnhaven River, or both.
The Colonial Revival style of architecture will transform this bay front site into an
upscale residential community, providing a gateway to the eastern part of Shore Drive.
The five to seven story heights of the structures will provide transition in scale from the
adjacent tower style condominiums. Parking will be provided at two spaces per unit.
Additional parking is provided for guests. All parking will be concealed from view of
THE TERRY COMPANIES FIVE,.LLC
Agenda IterTl # 9
f'{:tge 2
Shore Drive, located beneath five of the residential buildings and on an elevated parking
deck located in the center of the project.
The proposed landscaping will create a series of outdoor rooms, connected by pergolas
which will produce a pedestrian network connecting the outdoor spaces, the beach
front, the parking areas and the building entrances. Formal landscaping is proposed in a
roundabout in Ocean Shore Avenue. Broad lawns will extend from the buildings to the
dune lines. The dunes will be reconditioned and stabilized with native grasses providing
a defined boundary between man made and natural areas.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the Comprehensive Plan recommendations for the area.
. Compatibility with the surrounding uses.
Comprehensive Plan
The Comprehensive Plan designates this site as Primary Residential Area (Shore Drive
Corridor, Site 1). The Comprehensive Plan recognizes the primacy of preserving and
protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods in the Primary Residential Area. The established type, size, and
relationship of land use, both residential and non-residential, located in and around
these neighborhoods should serve as a guide when considering future development.
These provisions enable this development to promote the high level of quality the Plan
policies and Shore Drive Overlay District guidelines envision and encourage in this
corridor. Shore Drive is clearly one of the City's most prized road corridors because of
its function as a resort gateway, its economic vitality status, its critical environmental
THE TERRY COMPANIES FIVE,LLC
Agenda Itern#9
Ptige3
importance, and premier views of both the adjacent inland waterways and the
Chesapeake Bay, and the positive relationship it fosters between its residential and
commercial components.
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses each of the 'Major Issues' identified above. The proposal's
strengths in addressing the 'Major Issues' are as follows:
(1) The request is consistent with the recommendations of the Comprehensive Plan
in that it complies with the policies established for the Shore Drive Corridor,
primarily the need to preserve and protect the character, environmental and
economic value, and aesthetic quality of the adjacent neighborhoods. The
development provisions offered with this request with regards to site and building
design, significantly reduced density, appropriate selection of building materials
compatible with the setting, open space and landscape design amenities, safe
and efficient internal access and circulation, and a storm water management
system designed to be functional and attractive, all collectively provide the
required assurances that this high quality residential project integrates well into
the surrounding moderate to high-density residential community.
(2) The request is compatible with the surrounding uses. While the applicants could
apply for a Conditional Use Permit for 275 units, the maximum allowed density
for the site, they allowed the design and scale of the proposed buildings to
determine the density for the site. The site and buildings are designed within the
parameters of the Shore Drive Corridor Design Guidelines, providing high quality
building materials and extensive landscaping.
Staff, therefore, recommends approval of this request subject to the conditions below.
Conditions
1. The site shall be developed substantially in accordance with the submitted
exhibits entitled "POINT CHESAPEAKE, CONDOMINIUMS ON THE
THE TERRY COMPANIES FIVE,LLC
Agenda IterTI~#9
F>?ge 4
CHESAPEAKE BAY", (Site Plan, Aerial Site Model, Aerial Renderings), prepared
by CMSS Architects, PC, for Terry Companies Five, LLC. Said plans have been
exhibited to the City of Virginia Beach City Council and are on file in the City of
Virginia Beach Planning Department.
2. Architectural elevations, building material samples, and color samples shall be
submitted for review with the site plan during detailed site plan review in the City
of Virginia Beach Planning Department / Development Services Center.
3. A public use access / recreation easement shall be dedicated from Occan Shorc
Avcnuc to thc over a portion of the beachfront. The exact width and location shall
be determined during detailed site plan review in the City of Virginia Beach
Planning Department / Development Services Center.
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.
THE TERRY COMPANIES FIVE,LLC
Agenda Item~#9
PCige 5
Supplemental Information
Map G-3
Mo Not to Scole
~
r
Lynnhaven River
{#} (ondi/ion,ll Zonin8 - ~ecorded ProtTe"
CUP Multiple family dwellings
[[] DATE
1. 9-12-95
4-9-91
3-22-82
6-8- 70
5-12-69
9-30-63
I REQUEST
Conditional Use Permit (Motor Vehicle Rental)
Change in a Nonconforming Use
Street Closure
Conditional Use Permit (Small Boat Rental)
Conditional Use Permit (Small Boat Rental)
Rezoning (C-G 2 General Commercial to C-G 3
I ACTION
Withdrawn
Approved
Approved
Approved
Approved
THE TERRY COMPANIES FIVE,LLC
Agenda Item#9
Page 6
2. 1-23-96
3. 7 -9-96
4. 1-14-03
4-8-03
5. 1-14-03
6. 6-27 -95
2-28-95
3-22-94
7. 4-30-90
4-28-88
8. 5-24-94
9. 6-11-96
10. 10-10-
00
11. 4-27-04
General Commercial)
Conditional Use Permit (Rooftop Communication
Tower)
Conditional Use Permit (Rooftop Communication
Tower)
Rezoning (B-4 (SD) Resort Commercial/Shore Drive
Corridor Overlay to A-12 Apartment with a PD-H2
Planned Unit Overlay District)
Reconsideration - Revised Conditions
Conditional Use Permit (3 Multiple-family units)
Reconsideration of Conditions (#1 and 2)
Reconsideration of Conditions (Delete #3)
Conditional Use Permit (Watercraft rental)
Conditional Use Permit (Carwash)
Conditional Use Permit (Carwash)
Conditional Use Permit (Marina)
Street Closure
Street Closure
Conditional Use Permit (Off-site Parking Lot)
Denied
Approved
Approved
Denied
Approved
Approved
Approved
Approved
Approved
Withdrawn
Withdrawn
Approved
Approved
Approved
Approved
Public Agencv Co""menj§
Public Works
Shore Drive in front of this application is a four (4) lane
major urban arterial road. The Master Transportation
Plan shows this section of Shore Drive with a proposed
150 ft. right-of-way width. Improvements are not
anticipated on this roadway within the next five years.
However, the Capital Improvement Program (CIP)
includes the Lesner Bridge Replacement Study that is
scheduled to begin in FY 2005-06. The project scope
will be to study the replacement of the existing Lesner
Bridge. The entire Shore Drive frontage for this site
would be in the project area for the bridge replacement
project. Staff has met with the applicant and
determined that sufficient area exists along the Shore
Drive frontage to accommodate a right-of-way
reservation for the bridge project.
Master Transportation
Plan (MTP):
THE TERRY COMPANIES FIVE,LLC
Agenda Item # 9
Page 7
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Existing land Use ~
42,747 31,700 -1144
Shore Drive ADT' ADT1
Proposed land
Use 3 - 947
,
Average Dally Trips
2 as defined by 9,000 square feet of restaurant facilities.
3 as defined by 158 Residential Condominium units.
Public Utilities
Water:
There is an eight-inch City water line in a Public Utilities easement in
a portion of the site. A six-inch City water line exists in Ocean Shore
Avenue. The project must connect to City water.
Sewer:
There is an eight-inch City gravity sanitary sewer main in Ocean
Shore Avenue extending into a portion of the variable width Public
Utilities easement. The project must connect to City sewer. Analysis
of Pump Station 200 and the sanitary sewer collection system is
required to ensure future flows can be accommodated.
Public Schools
School Current Capacity Generation 1 Change 2
Enrollment
John B. Dey 736 786 13 13
Elementary
Great Neck Middle 1165 1065 6 6
Cox High 2056 1811 9 9
" ."
generation represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning.
The number can be positive (additional students) or negative (fewer students).
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime prevention techniques and Crime Prevention
Through Environmental Desi n CPTED concepts and
THE TERRY COMPANIES FIVE;LLC
Agenda Item# 9
Page 8
Fire and Rescue:
I strategies as they pertain to this site.
Fire Department concerns will be addressed during the
buildin permit process and DSC review.
THE TERRY COMPANIES FIVE,J...LC
Agenda Item #9
Page 9
Exhibit A - 1
Aerial of Site
Location
THE TERRY COMPANIES FIVE,LLC
Agenda Itern# 9
Pag~..1 0
Exhibit A - 2
Aerial of Site
Location
THE TERRY COMPANIES FIVE,LLC
Agenda Item# 9
Page 11
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THE TERRY CaMP ANJES FIVE,LLC
Agenda Item;#9
Page 12
Exhibit C
Proposed Site
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THE TERRY COMPANIES FIVE,LLC
Agenda Item~#9
Pager 13
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Exhibit D
Proposed
Building
Elevation
THE TERRY COMPANIES FIVE,LLC
Agenda Itel'T") # 9
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
II the applìcllnt Is a colpOtation, paltnetshlp, film. business, or Olhet unincorporated
otganlzalion, complete the following:
1, Llalthe applicant name followed by the names of all omeara, members. trustees,
patine IS. otc, below: (Attach /isl if necessary)
The Tolrv Compnnlos Five. L.L.Ç(. .- MQmbers: Napolitano Enlemrises. Inc. and
_.lerry Petotson Ventute Ten. LLC. -..-------
2. list nil buslnessos that have a paront-subsidiaryl or affiliated business entity
relationship with the applicant: (Attach /ist if necessary)
,,"w,..Nm?olitano Enterprises, Inc.
l'Qrty potmson 'l!LntulØ Ton. LL.C.
0 Check here ilthe applicant is NOT a cotporatíon. partnetshlp. IIrm. business. or
other unincotporated organization.
PROPERTY OWNER DISCLOSURE
Complele tllis section only if ptOþorly owlIOr is dif(otonl ftom npplícill1l.
If the propotty owner is a corporation. partnership. firm. business. or other
unincorporated otganiza1íon. complete Itw following:
I. LIst the property ownet name followed by the names of all oHicers. members.
trustees, partners. etc. below: (Attach lisl if neC6ssary)
Miller EntefPrt$e$ Inc, - WilHam R. Miller. III. Katherine B, MiII~r, ~\vart F. Miller
Shore Drive LP - William R Miller. III. Stuart F. Miller, Amy Stuart Miller,
Katharine E, Miller, William R Miller. IV, William R. and Stuart F, Miller
Itfevoc¡1blg Trust
William R. Beroe\' - None (owner Is an individual!
2, List all buslnoflses that hIM) ð paront.subsidiary' or affiliated business enli¡y2
relalionship wllh the applicant; (Attach liSI ilOOCos$lJty)
None
ŒJ Check hele If the ptoperty ownor Is NOT 8 cotporalion, partnership, firm. business.
Ot other unil1COtpotated otganÎzation.- Ro: William R. Bergey
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ADDITIONAL DISCLOSURES
Ust all known contractors or businesses that have 01 Will plOvide services with respeclto
the tequested property use. including but not limited to the providers of archlloclum!
services. real eslate services, financial services, accounling services and legal services:
(Anach lìst if necessary)
MSA. P.C, - Enolneeting Services
CMSS Architects. PC - Atchitcctural ServiceS
TroutmanJ3Jl00Qts. LLP - Looal Serví!?ill!
1 "Parent,subsidlary rolationshlp" moans "a relationship thai exists when ono
corpotation directly Ot indiroctly OWt1$ sharos Pos$o8sing moto than 50 potcont of tho
voting power of anothor corporation." See State and Local Govornmont Conflict of
Interests Act, Va, Code § 2.2.3101.
2 "Affiliated business entity relationship" means "8 rolationstlip. othet than paront-
subsidiary relationship. lhat exists when (I) ono business entity has a controlling
ownership Interest in the othet business entity. (Ii) a contr01llng owner in one entity is also
a conI rolling owner In the othot entity, or (ili) thoro is shated management or conlrot
between the business entities. Factols that should be considered in detetmining the
existence of an affíliated business entity relationship include that the samo pel80n or
suhstanllally tho same person own or manage the two entilios; thote are common Ot
commingled funds or ßllset$; tho buslneS$ entities share tho use of the same offices Ot
employeos or otherwise share activities, rosoutCO$ or pol$onnel On a rogulat basis; Ot
thoro in otherwise a close working relationship bolwoon tho ontítios." Soo State and Local
Governmont Conflict of lotorosts Acl. Va. Code § 2.2-3101,
CERTIFICATION: I certify Ihat Ihe ioformation containod horeln is two and Meutate.
I undor$land that. upon receipt of notification (postc8td) that tho application has boon
scheduled fot public hearing, I am responsible for obtaining and posting tho loqulrod sign
on the subject property at least 30 days ptlot to the scheduled public hoaring according to
the instructions in this package.
See Attached for Slgnatulos ._..~.
Appjlcanl'. Signalurll
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Print Hamil
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Applicant and Property Owners' Signatures
CERTIFICATION: I certify Ihat the information contained herein Is true and
accurato. I understand that. upon receipt of notification (postcard) that the
application has been scheduled for public hearing, I am responsible for obtaining
and posting Ihe required sign on the subject property at least 30 days prior to Ihe
scheduled public hearing according to the instructions In this package,
Appllcant
NAPOLITANO ENTERPRISES. INC,. a Virginia corporation
Member, The Terry Companies Five. L.L.C,
-1&':<~--
VINcENT NKr~NO, prosid;;~--t--
TERRY PETERSON VENTURE TEN. L.L.C.. a Virginia limlled liability company
Member, The Terry Companies Five. L.L.C.
BY: Pelerson. Olivieri. Napolitano Interests. I..L.C.. a Virginia limited liability
company, Operaling Manager
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MILLER ENTi:RPRISES. INC.. a Virginia corporation
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WilliAM R. MILLER, III. President
SHgBE.QRIVE, L.P,. a Virginia limited partnership
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WilliAM R. MilLER, III, General Partner
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WilLIAM R. BERGEY. an individual
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Item #9
The Terry Companies Five, LLc.
Conditional Use Permit
North side of Shore Drive
District 5
Lynnhaven
November 10,2004
REGULAR
Joseph Strange: The next application is Item #9 The Terry Companies Five, LLc. It's
an Ordinance up°J? Application of the Terry Companies Five, LLC. for a Conditional
Use Permit for multi-family dwellings on property located on the north side of Shore
Drive at its intersection with Cherry Tree Place and continuing in a westerly direction to
the Chesapeake Bay, District 5, Lynnhaven.
RJ. Nutter: Thank you very much Madame Chairman. Members of the Commission, I
appreciate your indulgence today. We heard your comments earlier this morning so we'll
try to do a couple of things today, which number one, keep this short. That is part of the
reason we are passing around this booklet that we prepared for you. Number two we'll
try to keep to the highllghts of this application. First let me say I'm proud to be
associated with this application. As you know, this represents the redevelopment of the
Duck-In restaurant. It is somewhat ironic to me because the Duck-In was probably one
ofthe first uses on Shore Drive. It was constructed in the 1950's. As you know, it's
owner, operator and mentor Bill Miller is here today. He is here, in the back, in the
audience today, and he has made that an institution and an icon of Shore Drive in many
ways. He has sat by, by the way, and watched the condominium development that has
occurred along Shore Drive take place since long before there was a Shore Drive
Advisory Committee, ULI Study, Special Overlay District, and everything else that we
have come to recognize as the standard for Shore Drive today. So today, he comes
forward in full compliance with all of the things we have made others do along Shore
Drive. In fact, I think it is fair to say he will be able to say this application exceeds those
requirements. Let me tell a little bit about in shortly. It is a 7.6 acre attractive land. It is
zoned B-4, as is all of the property, for the most part around it. We are bordered by
Shore Drive to our south, and the Chesapeake Bay largely to our north and west, and
additional condominium development to our east. So, the development of this property
into condominiums would certainly be in keeping with the uses in the area. But I think
more that that, this application is driven by, I would say three principals in my mind.
One is minimization. This application sits on a piece of property that would have just a
few years ago would given by-right development to 278 units. This application is for
actually 158 units. That's roughly 58 percent of their density that would otherwise be
allowed on this property. As you know what is occurring along Shore Drive is going for
every bit of allowed density in the district. This application is leaving on the table 42
percent of that density. Second of all, this application recognizes the gateway nature of
the property, and its desire to be a transitional project. By that, I mean, we have one and
two story restaurant structure on the property today, and yet we are next to two high rise
Item #9
The Terry Companies, LLc.
Page 2
towers, consisting of two separate developments but one single building in each. This
application is characterized instead by six different mid rise buildings that will serve as a
nice transitional height feature into the property, and third is high quality. Burrell
Saunders and CMSS have taken all the talent they have acquired and projects throughout
the State, and most ofthem here in Virginia Beach and the Town Center. They have
applied their skills in this property in the same way they have to an urban area. This is
not an urban project, as you know. They have taken all the quality levels associated with
their company and applied them to this tract. So in a second, I'm going to ask Burrell to
come up and explain the architecture to you and go through it. This booklet was
designed to tell that story for you. Unless you have no questions of me, I'd like to ask
Burrell Saunders to come up and keep it as brief as possible.
Dorothy Wood: Welcome Mr. Saunders. We're glad to have you here with us.
Burrell Saunders: Good morning, or afternoon I guess. I'm Burrell Saunders with CMSS
Architects. I'm pleased to be here to talk to you about this project. As Mr. Nutter has
already stated this is a very unique piece of property in the City of Virginia Beach. It sits
at the gateway into the north end of the beach as you head down Shore Drive. It has a
270 degree view of the water starting from Cape Henry and wrapping all the way back
around Lynnhaven. It's a very special piece of property to the residents on Shore Drive
and the community. So as we started on the work with the project the developer that
came to us came as very special directive to us. I have to tell you this because I greatly
appreciate their attitude towards this development that is that they didn't, just didn't want
to put the most of the maximum on this property they could get. They wanted to create
an environment that would be embraced by the community. It would be a special place.
So doing so, they directed us to look at high quality units. These units would generally
be in the 2,000 square foot range plus. As we started to look at the project what we
thought about doing is not just building a building but building a village. A place that
really was a community of the people that lived there ofthe 158 homes that would be on
the property. The reason for having six buildings is to start to create that sense of village
and be able to frame the property and allow open space to be woven in to the property
because the whole idea ofliving in a place like this is lifestyle. You're seeking to live on
the Chesapeake Bay, to enjoy the beach, the ocean breezes, and to spend the days in a
great place. We actually took as our influence the great resorts ofthe east coast, and
actually the turn of the century in the early 1900's. Actually Virginia Beach was
conceived and the same types of styles started here in Virginia Beach. It was the era for
the great rambling cottages and resort hotels and resort residences during that period.
The architecture was very residential in nature and softened by demurs and great porches,
parking lows that frame green on the waterfronts. And, we didn't just cram the buildings
directly up on the waterfront back there. We actually left thick lawns. If you go back
and look at the original pictures of Virginia Beach as you all remember the cottages had
great lawns in front of them to the beach. What a great place to go and enjoy each other.
So on this property, we actually have five greens throughout the property. Part of the
property faces the Chesapeake Bay. The other property faces Lynnhaven. So, we have
three buildings that really look out over the Lynnhaven or the Chesapeake Bay in this
Item #9
The TeITY Companies, LLC.
Page 3
direction, and they offer views in many different directions. The exciting thing about the
Chesapeake Bay is the beauty is all around you in different directions. Each person
enjoys a different aspect of it. Some of the best views out there actually are down the
Lynnhaven as you look back across Shore Drive. Its marsh grasses and interaction of the
water with the green areas. But as you look at this, I will point out the five courts that we
integrated that will be suITounded by the architecture that allows our open spaces in the
spirit of the period of time we were using as our inspiration. The buildings also will be as
you can see offer a variety of shapes and fonns. The idea is to create that rambling style
to have multiple building heights which have 5, 6, or 7 stories. We're actually organizing
the site so that autos are generally stored underneath the buildings or in parking deck that
is in the center of the property. You can see it located here and then suITounded by the
buildings to protect it from view ofthe cars from Shore Drive or the beach. Also, this
gives residents a covered parking space and direct access into the units, which makes
very special, especially if you live on the Chesapeake then you understand the winds that
howl there in the winter. It is nice to have that protection. But then on the Bayside, what
we have done is wrap these buildings at the first floor with large porches so there places
to go out and sit in the rocking chair in the evening and have a cup of tea or whatever
with friends, and to commune. We will be keeping the gazebo on the beach but
upgrading it so there is a place to go out and be a part of the community spirit.
Ed Weeden: Mr. Saunders, could you wrap it up please?
BuITell Saunders: Yep. What I'll say is, once again, its an honor to have a group of
people that really want to do the right thing or willing to put the money in here to do a
proper type of community and this will be a special village. Thank you.
Dorothy Wood: Are there any questions for BuITell? BuITell, could you please answer
questions?
Ronald Ripley: BuITell, could you go over the exterior treatments that you were going to
use?
BuITell Saunders: Well, right now, we've mostly been dealing with this from a fonn
standpoint and really haven't gotten to deeply into the materials. But what we're
expecting to do is to use materials such as brick on the base, which would have typically
been in a case and with things like hardy on the upper stories. Some metal roofs and
asphalt shingle roofs in other areas.
Ronald Ripley: What about the interaction, the relationship between the right-of-way and
the property? What do you anticipate as the fonn of landscaping, walkways, etc.
BuITell Saunders: That's a really good question actually. What we have happening there,
the bridge as it exists today. Shore Drive is here. We left additional road. What we've
done is we created another setback where we have a meandering path that will run
through the areas so that it has access to the beach, and it leaves a green way where we
Item #9
The TeITY Companies, LLC.
Page 4
can plant trees to soften that buffer between Shore Drive and these units. We also move
those units in and out. You might notice they don't sit in a straight wall. They move in
and out, back and forth. The architecture actually varies between them so to create the
variety we need on Shore Drive, to create an element of interest.
Ronald Ripley: That's a very good feature. There is a lot of no see, as you know when
you're on Shore Drive. If you break those elevations off, there is a little variety. It's
going to be well received.
BuITell Saunders: We actually move the building heights up and down, and we move the
faces in and out, and change the architecture detailing.
Dorothy Wood: Thank you Ron.
R.J. Nutter: Madame Chainnan, could I add just one last thing? I'm glad that someone
else was up here when the light was blinking and I wasn't here to see it. I did want to let
you know that we had a large amount of outreach to the public on this project. This is
one of few applications that I have ever been involved with, frankly where they set up
their own web site, and invited the public to make inquiries about the project. We've also
appeared before the Shore Drive Advisory Committee, which Mr. Ripley and Ms. Katsias
sit on very well for on your behalf, and they were very excited about the project. We've
met with the Shore Drive Community Coalition. We've met with the Board of Directors,
Condo Association, I should say. So, we've met and had an outreach program to the
community throughout this process, and I wanted you to be aware of that because we're
very proud today that it has been so well received by so many segments throughout that
area. Thank you very much.
Dorothy Wood: Do we have another speaker?
Joseph Strange: One other speaker in support is Chris O'Hare-
Dorothy Wood: Thank you R.J. Thank you BUITell. Welcome sir. It's nice to have you
with us today.
Chris O'Hare: Thank you. My name is Chris O'Hare. I'm with Harbor Gate Owners'
Association. I'm representing the Board of Directors. I'm the General Manager of
Harbor Gate. I get involved with a lot of the logistical activities of our building. For a
moment if you would just focus on our building and consider 120 individual owners
handling their daily business, moving in and out. We do have during the summer months
a lot of moving vehicles, large trucks and that sort of thing. We're very interested in
what happens to Ocean Shore A venue. Some of our owners a have asked that Ocean
Shore Avenue be considered to be widened to allow a little more parking on the other
side but we know that may not be possible. On the north side of Ocean Shore A venue
there is one area that concerns us a great deal, and that is at the entrance to the proposed
development. We want to make certain that the parking spaces that are closest to that
entrance are going to be reserved. Those get used quite a bit and that is typically where
Item #9
The Terry Companies, LLc.
Page 5
we place our large moving vehicles. The new residents that move in to Point Chesapeake
might soon realize that also as they start bringing in moving vehicles. So, please keep
Ocean Shore A venue and parking in perspective. The cul-de-sac looks great. We like
the squared look but again, that gets used quite a bit. We have a school bus that gets
turned around. Our trash collection vehicles and moving vehicles come in there, and our
contractors are in and out of there. I was concerned about the construction activity and
contractor and sub-contractors taking up a lot of the public street parking that we use as
overflow. So, ifthere is anything that the City can do to help us in that regard, maybe
some temporary permits. I realize it is a public street. I've got a lot of questions for the
developer but I'll deal with that. I'll talk to him at an appropriate time. I've been asked
questions about dust and noise. I can talk to the developer about that. And, utility
upgrades, street lights. We would be interested in hearing a little bit more about.
Apparently, there is only one streetlight out there on Ocean Shore Avenue. Thank you.
Dorothy Wood: You would have to ask our attorney Mr. Macali, but the public streets
probably would remain public? Would they not sir?
Bill Macali: Yes ma'am.
Dorothy Wood: Anyone could park on the public street. Is that correct sir?
Bill Macali: It depends. The City can always allow parking or disallow parking as it
chooses but I would see no reason for it to change.
Chris O'Hare: We may well have to pursue that.
Dorothy Wood: Thank you.
Chris O'Hare: Thank you.
Dorothy Wood: Is there anyone else? Comments?
Ronald Ripley: I got a question of Mr. Scott. On the turning radius as the gentleman just
indicated, at design review do you anticipate that being resolved or any conflict as you
see?
Robert Scott: Yes. We would make sure that radius met the appropriate City standards.
I don't want to say in detail. It's an engineering design for the street system and it would
be addressed at the time of site plan review. We would make sure that it met the
appropriate City standards.
Ronald Ripley: There is a need for more street lighting? Would that be addressed?
Robert Scott: We would also address that at the appropriate time of site plan review.
Item #9
The Terry Companies, LLc.
Page 6
Ronald Ripley: Okay.
Dorothy Wood: Is there anything else?
Ronald Ripley: I'd like to make a comment.
Dorothy Wood: Go ahead.
Ronald Ripley: The presentation speaks for itself. It's a quality project. Not only is it a
quality project but it is a project that Shore Drive has been working really hard to try to
develop in an appropriate matter that is in keeping with the resort residential area that it
is, and when this property became available or was known that it was going to be
available, my immediate vision was something similar to a high rise and for the
developer to come on an propose the quality of development they propose it just blends
in very well with the community. The layout is good. The quality is good. The design is
good. You got a good development. You got a real good group of developers who have
the talent to accomplish this and it is in keeping with the guidelines. There is no reason
in my mind not to approve it.
Dorothy Wood: I think there is another gentleman that wants to speak. Sir, do you want
to speak? I know you weren't signed up but if you would like to speak?
Ken Scandell: Yes ma'am, if! may? I'm sorry. I anived late and I did not sign up. I
appreciate you accommodating me. My name is Ken Scandell. I live on Shore Drive. I
feel like David and Goliath. This is a very large project. I've heard estimates in excess
of 100 million dollars. But I wanted to come here today to voice in opposition, and to
suggest that they're may be other alternatives that you might be able to take under
consideration, and that is possibly extending taxpayer funding to buy it as an open area.
In order for the construction to happen it has to get the Conditional Use Pennit. If that is
not granted the construction doesn't happen. I've read the application. There are a few
things that are unresolved in my mind, and quite frankly I don't know the protocol, or if
this is the proper forum to present these issues. I'm trying to get through the ultimate
impacts that this is going to have. This is a quarter coming through into Virginia Beach.
They are going to be constructing 7 story buildings, five of them obstructing the view
east and west on Shore Drive. There is going to be an issue with runoff. If it were turned
into an open area the parking lot could be renovated and everybody could use the beach.
I'm concerned about the lost of beach use if this becomes private property under
condominium act. I'm not sticking with my plan here very well but I would like to state
or ask the question. It is my understanding that there is a commission that's, if you'll
grant me one minute here.
Dorothy Wood: Are you talking about the Open Space Commission?
Ken Scandell: No ma'am. It was a beach advisory commission.
Item #9
The Terry Companies, LLc.
Page 7
Dorothy Wood: Shore Drive?
Ken Scandell: No, not Shore Drive. This is different.
Dorothy Wood: Beaches and something.
Ken Scandell: Beaches and something. It actually expires in June 30, 2005. Their
element for the City is referral by City Council to investigate the implications of
development in the beach areas. I was wondering if this had been referred to them as yet
and whether not they had reached out to the contingency of Virginia Beach and solicited
their input? A lot of people are a little bit comtemplative about these things. They feel
overwhelmed. They see that everybody is behind this and they become apathetic. I think
if they realize that City Council was still in power to accept this as an open area, I think
you see a lot more citizenry involved.
Dorothy Wood: Thank you sir. I think Mr. Scott could possibly answer your question or
Mr. Ripley.
Ronald Ripley: 1'd like to make a comment or ask a question. One of my concerns with
the application when it came forward was open space also. What the applicant is doing is
replacing an easement on the beach to give the public rights to the beach. Now it is only
fee simple and the owner owns everything to the water. He could keep people off the
property ifhe so desired today. So what he is doing here is that you really getting a
quality development. At the same time you're getting open space that their granting to
the City called the perpetual easement that you will be able to enjoy and your children
will be able to enjoy. The City is gaining that as a public benefit. So, I think it may not
be totally satisfy your answer but that is a huge concession for the developer to do. He
paid a tremendous amount of money for this real estate under the form ofless density
then he could put on there and at the same time grant the public the right to the beach.
Hopefully that helps a little bit. It may not completely mitigate your concerns. That is
one issue hopefully that you will think about and see that it makes sense.
Ken Scandell: If I could reply?
Ronald Ripley: Sure.
Ken Scandell: I understand and appreciate your perspective. The open area is only as
viable as the accessibility. I stated and I believe the gentleman from Harbor Gate or Cape
Henry suggested that the area is currently a parking challenge as it is. It doesn't serve
much as an open area if there is no place for the public to utilize, based on that parking
issue. I would express and I understand the benefit of the public in as far a the tax base,
especially with property values and I think they're going to be starting at a significant
sums of money and going higher.
Dorothy Wood: We appreciate you coming down sir. Thank you very much.
Item #9
The Terry Companies, LLC.
Page 8
Ken Scandell: Thank you.
Dorothy Wood: I think Mr. Scott can tell you about the Beaches and Waterways.
Robert Scott: The real group that I think outside the Planning Commission that would
have some relationship to the Shore Drive Advisory Committee. They're charged with
thinking about the future of the Shore Drive Corridor, both from an open space point of
view and transportation point of view and general view ofthe amenity point of view. I
know that the committee has had an opportunity to look at this plan. Their feeling is that
it fits in pretty well. It's a half-century old institution.
Ken Scandell: It's a Virginia Beach icon.
Robert Scott: It's a privately owned icon. I think the time has come in the minds of the
property owners to move on to another future, and it's their choice to make and they
made it. Now, what choice to make and the Planning Commissions and City Council's
choice to make is does this fit in with the type of future that we would like to see for the
Shore Drive area? Yes there is action by this group that it is necessary that action doesn't
take place, as you indicated correctly, construction won't occur. The feelingis that all
factors to be considered, this probably does fit the future of the corridor better in fact than
the Duck-In. That is a matter of opinion, but people can differ to that but it is a good
development of high quality. It's a development that I think probably relates to Shore
Drive itself. It probably will add more to the community as a whole and reasonable
people differ.
Ken Scandell: That's excluding the consideration of buying it as an open area?
Robert Scott: Well, if you could buy it as an open area, my thought on that is that you
have to look at the value of the amenities to the public versus the dollars it would cost to
acquire. This is an extremely expensive piece of property.
Ken Scandell: Yes sir.
Robert Scott: One thing you have to look at is could you take that same amount of
money, and I don't know what that amount would be, and commit to spending it
elsewhere, how much more good can it be used? We bought the entire Stumpy Lake
property for 13 million dollars. I think it did a tremendous amount of good with that
money for the Kempsville and Centerville areas of the City. I think one of the
responsibilities that the City Council has, is knowing that it will be a tremendous asset to
the community and I think they're right about this. To have that property in public hands
and what other opportunities would be forgoing because all of our money would have
been spent on one piece of property when so many other opportunities exist that could be
acquired with the same amount of money, which again I think was a very large number. I
don't know what it is. It is probably a pretty large number. That is just my thought.
Their responsibility is to make recommendations to City Council. City Council has set
Item #9
The Terry Companies, LLc.
Page 9
aside 50 million dollars to buy open space in the City, about two-thirds or so or possibly a
little more than now has already been spent. But City Council and we've had advise
from the Open Space Committee as purchased a number of properties all around the City
that have come a long away of benefiting the community. Now, even though 50 million
dollars is a big number we can only go but so far. And, I think that Council is trying to
careful stewards of that money and to spend it where they can get the most managed
dollars to be spent. Although this would be a tremendous advantage to own this it would
also be a tremendous amount of dollars that would have to be spent to acquire and I think
the judgment is not possibly in the best way to spend that money
Dorothy Wood: Thank you Mr. Scott. Thank you sir for coming down. We appreciate it
very much.
Ken Scandell: Madame Chainnan, may I make one more point?
Dorothy Wood: Just one statement sir. We have to move on.
Ken Scandell: Okay. Yes ma'am. Would it be at all possible to defer a vote on this for
some period of time? I've been to several of the gentleman's briefings.
Dorothy Wood: It would be up to the Commission if they decided to defer it.
Ken Scandell: I'd ask that you defer to give it some time.
Dorothy Wood: Thank you sir.
Ken Scandell: Thank you ma'am.
Dorothy Wood: Ron, was that in the fonn of a motion? R.J.?
R.J. Nutter: I really don't have much to say. I know that anytime you have development
on a piece of property on an oceanfront or bay front area, you're going to have a request
for open space. I think that is understandable. But I think that analysis that Mr. Scott
suggested to you is appropriate. Another thing that I think is appropriate is the
acknowledgment is that this applicant is first of all, as Mr. Ripley indicated, wants to
dedicate the public area over the beach along that area, which not only enhances the
public access to those areas but has a significant impact on the beach replenishment and
maintenance projects along that whole area. We were indicated by Public Works for
instance that fact that this property has not been publicly owned or which had no public
easement over it has actually impacted the City's ability to work with the Anny Corp. on
beach replenishment because the Corp. won't pump sand up on properties over which
there is no public easement. While this area has enjoyed incretion of sand it has
prevented the ability to go down stream with some of that sand. So, the City was very
anxious for this dedication. The other thing is that we're preserving additional right-of-
way for the City's widening of Lesner Bridge. When you take away the fact that you're
Item #9
The Terry Companies, LLc.
Page 10
getting a piece of property with some development on it, underdeveloped in large
measure and you're getting public dedications on both sides ofthe property. I haven't
done this calculation but I was talking to Burrell but I would bet you there is a certain
amount of this land that the City is getting for free. Probably, in some nature, I would
guess maybe about and I mean you can't talk about this, you got 20-25 percent of that
property is actually coming back to you for the City for public use for no taxpayers
money whatsoever.
Dorothy Wood: Thank you.
R.J. Nutter: Thank you very much. Are there any questions by any of you? Thank you.
Dorothy Wood: Ms. Anderson.
Janice Anderson: Thank you. I would like to go ahead and make a motion to approve
the application as it stands and there are several reasons. I think everybody hates to see
Duck-In go. It's been very popular with the citizens of Virginia Beach but this is a
beautiful spot. Actually, I just went around it this week by boat, and I believe the
proposal that is in front of us is a very unique project. I think it is very appropriate for
this area. They are alternating the heights of the buildings. They're not maximizing the
area of the land. They're concentrating more on the quality for this area rather than
maximizing for the profit. I think the public access is another thing that is non-existent
now. That would be another benefit that they have. The parking that they have designed
is under the buildings or inside that is not visible from Shore Drive, also, the expansion of
the right-of-way for the bridge. They accommodated for that for that will not interfere
with the project. I don't believe that an open space purchase is feasible and especially
when the property has this project going forward to call him to defer it to have that
looked into. I don't think it would be appropriate. I believe that the use and density is
appropriate especially with the surrounding areas. I would be supportive of it and put
that in a motion.
Dorothy Wood: Thank you. Do I hear a second? Mr. Miller.
Robert Miller: I need to abstain. My firm is working on the project.
Dorothy Wood: There is a motion by Ms. Anderson and seconded by Ms. Katisas. Mr.
Knight.
Barry Knight: 1'd like to make one comment. I like to see developers in the City do
things that they don't have to go with a maximum density to get a return on their
investment. This is a classic case where I think the developer is going to add quality and
still going to get a return on his investment. I just like to commend him on that.
Dorothy Wood: It's a beautiful development. Are there any other comments?
Item #9
The Terry Companies, LLc.
Page 11
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABS 1
ABSENT 0
AYE
AYE
AYE
AYE
AYE
AYE
ABS
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, with the abstention so noted, the application of The Terry
Companies Five has been approved.
Sheri Kattan
2325 Sea Shell Road #208
Virginia Beach, VA 23451
757/496-9039
November 9, 2004
Planning Commission Members
c/o Ms. Faith Christie
Planning Department
2405 Courthouse Drive
Bldg. 2, Room 115
Virginia Beach, V A 23456
RE: November 10, 2004 Planning Commission Meeting
The Terry Companies Five Proposal for the Duck Jnn Property
\
Dear Planning Commission Members:
I am writing as a 13-year citizen of Virginia Beach, and also as an individual dedicated to making our
City a b~tter place to live. With a City so rich with natural resources, not to mention historic resources
and landmarks, it is disturbing to so often see what appears to be a lack of importance placed on quality
of life when it comes to our land use planning. Shore Drive, a once treasured escape from the
development and population excesses of other parts of our City, has slowly deteriorated due to the
unchecked bloom of high density condominiums on almost every inch of buildable space. To me, the
announcement that the historic Duck Inn was going to be tom down for another 158 condos was the final
blow.
As you know, the Duck Inn is a historic landmark in our City. It has always been a wonderful gathering
place for families, groups, singles, and others who enjoyed it's beautiful location, exceptional sunsets,
and celebration of community. The Friday beach parties brought consistent dollars to local restaurants
and other merchants. It was a perfect way for citizens to appreciate two of our most precious resources,
the Chesapeake Bay and the Lynnhaven River, right where they join together! This location would have
been a perfect opportunity for the City to encourage another similar business, City open space (which is
deficient in this area based on information in the City's 2003 Comprehensive Plan) or other amenity that
would allow all citizens (not just a wealthy few) to enjoy what still makes this City great. However, I
understand that residential development is the fate for this property. With that in mind, I wanted to make
a few comments on The Terry Peterson proposal. I feel these issues need to be thought out and analyzed
further before approval of this proposal.
1. The Terry Peterson proposal states that a public easement will be maintained along the beach, but
does not give specifics. If a public easement is indeed granted, where will the public park to access
the beach? Stating that there will be a public easement alone does not provide for actual public access
and use. These details should be worked out before approval of this proposal to make sure that
citizens can still realistically enjoy this important public resource.
2. The Terry Peterson proposal states that the proposed development will result in decreased traffic
flows from 1144 trips per day to 947 trips per day. I not only question the accuracy of this data, but
think it does not provide enough variables to understand what the proposed change in use will actually
do to traffic flows. For instance, the Duck Inn traffic is low during the day and peaks over several
hours in the late afternoon/evening, whereas a condo community would have traffic peaking
considerably at specific times in both the morning and evening.
intersection really handle these peaks?
Sheri Kattan letter
November 9, 2004
Page 2 of 2
Can this already congested
3. The proposal states that the entire Shore Drive frontage for this development will need to be used for
the proposed Lesner Bridge widening, yet City staff have commented that the plan is in compliance
with the Shore Drive Corridor Design Guidelines. I do not believe these guidelines support a major
bridge approach directly adjacent to a residential development, with no substantial vegetated buffer.
4. Staff state that stormwater management will be functional and attractive. I do not see any details of
this represented or explained further in the proposal. I do see a statement that Pump Station 200 will
need to be analyzed to see if it can support the additional input. What if it can't? Are upgrades to this
Pump Station going to take precedent over the numerous, necessary upgrades to the woefully
ineffective stormwater systems along many portions of Shore Drive that cause continual flooding and
inappropriate discharges and erosion of our Bay beaches? I don't think the Commission needs to be
reminded of the incredible backlog in capital improvements projects necessary properly manage and
treat stormwater in this corridor. Inappropriately treated and managed stormwater is the documented
worst contributor to impairment of Bay water quality and associated aquatic resources.
I understand the lure of revenues from high density condominiums, but at what price are we paying for
this? Shore Drive is already becoming overcrowded with the boom of condos over the last few years, not
counting the 5 to 6 dense condo communities currently under construction in this corridor (from the
Lesner Bridge to Great Neck Road). The City's 2003 Comprehensive Development Plan does not appear
to account for the effect of this huge acceleration in development as its analysis is mostly based on data
from 2001 and earlier. The plan does state that the Shore Drive corridor is NOT a strategic growth area,
so why is the City planning for another 158 condos?! What was once a pleasant drive, is often a
roadway filled with impatient, angry drivers, tired of the endless congestion and overcrowding. The
citizens of the area have already spoken out clearly against the widening of Shore Drive, as it would
destroy the character and balance that is currently present. However, this balance is continually being
compromised by the lack appropriate analysis and planning in this corridor.
To approve this proposal, the Commission would be ignoring the existing overcrowded conditions and
inadequate infrastructure in the area, the wishes of the citizens, and the City's chance to take a different
tack and break the cycle of overdeveloprnent and unwise land planning. This is especially relevant with
the City's commitment to improving water quality in the Lynnhaven River and the Bay. This property
will be viewed by all who boat on and enjoy these waters. Do we really want another high density condo
community to represent our best effort on this important property?
Please don't approve the conditional use permit for the Terry Companies Five proposal for 158 condos
on the former Duck Inn site. If residential development is a must here, please work toward a change in
zoning or modified proposal for a lower density, higher quality development. The site's location would
offer a perfect opportunity to showcase a community (possibly with a larger public use component) with
exceptional low impact development practices that preserve the surrounding environment as much as
possible and reduce impervious surface at a location so close to our valuable Lynnhaven River and Bay
waters, which are already suffering from our past actions.
Thank you for your time in reading this letter. Please do what you can to support wise development of
this critical property.
Sincerely,
I # I DATE
1 11/12/03
2 10/26/99
04/30/90
01/04/88
01/18/82
3 03/14/00
06/23/98
09/06/88
4 OS/24/94
08/10/93
10/23/89
09/14/87
09/30/85
5 03/11/03
03/07/00
09/26/99
09/06/88
04/25/88
Zoning Change: from R-10 to A-12
I REQUEST
Change of Zoning (R-10 Residential District to Conditional A-24 Apartment
District)
Change of Zoning (R-10 Residential District & 0-1 Office District to
Conditional B-2 Community Business District)
Change of Zoning (R-10 Residential District to 0-1 Office District)
Change of Zoning (R-5 Residential District to B-2 Community Business
District)
Change of Zoning (R-5 Residential District to A-1 Apartment District)
Change of Zoning (0-1 Office District to Conditional B-1A limited Business
District)
Conditional Use Permit (nursing home)
Change of Zoning (R-10 Residential District to 0-1 Office District
Conditional Use Permit (elderly home)
Conditional Use Permit (automobile service station)
Conditional Use Permit (self storage)
Change of Zoning (R-10 Residential District to B-2 Community Business
District)
Conditional Use Permit (fuel sales)
Change of Zoning (R-5 Residential District to B-2 Community Business
District)
Conditional Use Permit (church)
Conditional Use Permit (automobile service & fuel sales)
Change of Zoning (R-10 Residential District to Conditional B-2 Community
Business District)
Change of Zoning (R-10 Residential District to A-1 Apartment District)
Change of Zoning (R-10 Residential District to A-18 Apartment District)
I ACTION
Indefinitely
Deferred
Granted
Granted
Denied
Granted
Granted
Granted
Granted
Granted
Granted
Denied
Granted
Granted
Granted
Granted
Granted
Granted
Granted
Withdrawn
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: The Franciscus Company, Inc. - Change of Zoning District Classification
MEETING DATE: December 7,2004
.
Background:
An Ordinance upon Application of The Franciscus Company, Inc. for a Chanqe of
Zoninq District Classification from R-10 Residential District to Conditional A-12
Apartment District on property located on the south side of Wesleyan Drive,
544.5 feet west of Diamond Springs Road (GPINS 14683417750000; -29760000;
-07450000). The Comprehensive Plan designates this site as being part of the
Primary Residential Area, suitable for appropriately located suburban residential
and non-residential uses consistent with the policies of the Comprehensive Plan.
DISTRICT 4 - BA YSIDE
.
Considerations:
The applicant is proposing to rezone this 7.72 acre site from R-10 Residential
District to Conditional A-12 Apartment District in order to construct 79 dwelling
units (10.2 dwelling units per acre). The multifamily structures will be attached
two (2) story units with a mix of 2 story "townhouse" style dwellings and 2 story
"single floor apartment" style dwellings (2 units in a 2 story building with 1 unit on
the top floor and 1 unit on the bottom floor). The units will be sold and owned as
condominiums.
The submitted plan is reflective of the Comprehensive Plan's recommendation
for this area, as the Plan calls for projects designed at densities complementary
to adjacent properties. The proposed development also offers provisions to
ensure that the guiding principles of the Comprehensive Plan are met. These
provisions include: functional site design and building arrangement; use of quality
building materials; density consistent with the adjacent residential developments;
access controls for safe and efficient circulation; adequate landscaping and
green space provided throughout; adequate screening and buffering against the
abutting commercial use; and functional and attractive storm water management
system designed as an aesthetic amenity.
The adjacent zoning to the west is A-12 Apartment District and is developed with
attached townhouses. The proposed development is compatible with surrounding
uses and serves as a good transitional use to the town homes to the west and the
drug store to the east, which is located at the commercial node at Diamond
The Franciscus Company
Page 2 of 2
Springs Road and Wesleyan Drive.
The proffers dictate the site layout, building design, building materials and key
landscape features.
There was opposition to this request.
.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Su bmitli ng DepartmentJ Agency: Planning Department ~~
City Manage~ lL~ ~
THE FRANCISCUS COMPANY
Agenda Item # 1
November 10, 2004 Public Hearing
Staff Planner: Carolyn A. K. Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
Location and General Information
Chanqe of Zoninq District Classification from R-10 Residential District
to Conditional A-12 Apartment District.
Property located
on the south side
of Wesleyan
Drive,
approximately
385 feet west of
Diamond Springs
Road.
14683417750000; 14683429760000; 14683407450000
4 - BAYSIDE
7.72 acres
THE FRANCISCUSCOMPANY
Agënda Item# 1
Page 1
EXISTING
LAND USE:
The majority of the property is currently undeveloped. There are two
(2) existing single-family dwellings that are slated for removal, at the
southwest corner of the property. The entire 7.72 acres is zoned R-
10 Residential District. Under the current R-10 zoning, the 7.72
acres could potentially be developed into 23 single-family lots.
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
West:
. Wesleyan Drive, retail! R-10 Residential District
. Herbert Moore Drive, townhouses ! A-12 Apartment
District
. Retail! B-2 Community Business District
. Townhouses! A-12 Apartment District
NATURAL
RESOURCE
AND
CULTURAL
FEA TU RES:
This property is located within the Chesapeake Bay watershed. The
majority of the site is open field with an area of woods around the two
single-family homes in the southwest corner of the site.
AICUZ:
The site is in an AICUZ of less than 65dB Ldn surrounding NAS
Oceana.
Major Issues
The following represent the significant issues identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which these
issues are adequately addressed.
. Consistency with the recommendations of the Comprehensive Plan.
. Compatibility with the surrounding zoning and existing uses.
THE FRANCISCLJS COMPANY
Agenda Item # 1
Page 2
. Quality of building design, materials and site layout.
Summary of Proposal
The applicant is proposing to rezone this site from R-10 Residential District to
Conditional A-12 Apartment District in order to construct 79 dwelling units on this 7.72
acre site (10.2 dwelling units per acre). The multifamily structures will be attached two
(2) story units with a mix of 2 story "townhouse" style dwellings and 2 story "single floor
apartment" style dwellings (2 units in a 2 story building with 1 unit on the top floor and 1
unit on the bottom floor). The units will be sold and owned as condominiums.
Comprehensive Plan
The Comprehensive Plan recognizes this area as being within the Primary Residential
Area. The land use planning policies and principles for the Primary Residential Area
focus strongly on preserving and protecting the overall character, economic value and
aesthetic quality of the stable neighborhoods located in this area. The established type,
size, and relationship of land use, both residential and non-residential, in and around
these neighborhoods should serve as a guide when considering future development.
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§1 07(h)(1 )). Should
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 3
this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER # 1
PROFFER # 2
PROFFER # 3
PROFFER # 4
PROFFER # 5
When the Property is developed, the entrance, streets,
trails, water feature, landscaping and fencing shall be
substantially in accordance with the "Conceptual Layout
Wesleyan Height Multi Family Housing," dated 10/6/04,
prepared by WPL Engineers, Surveyors and Landscape
Architects, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach
Department of Planning ("Concept Plan").
Vehicular Ingress and Egress shall be via one (1) curb cut
from the existing access road shared with the Walgreens
located east of the Property.
When the Property is developed, there will be no more
than seventy-nine (79) residential condominium units,
each of which shall have a garage, within seventeen (17)
buildings as depicted on the Concept Plan.
When the Property is developed, the residential structures
depicted on the Concept Plan shall have the architectural
design and utilize the building materials substantially as
depicted and designated on the exhibits entitled, 'THE
FRANSISCUS COMPANY INC. WESLEYAN HEIGHT 5
UNIT BUILDING ELEVATIONS" and "THE FRANSISCUS
COMPANY INC. WESLEYAN HEIGHTS 4 UNIT
BUILDING ELEVATIONS," dated October 6,2004, and
prepared by Retnauer Design Associates, P .C., which
have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Planning Department
("Elevations").
When the Property is developed, the entrance sign/water
feature designated on the Concept Plan shall be
constructed substantially in accordance with the exhibit
entitled, 'WESLEYAN HEIGHTS ENTRANCE FEATURE,"
which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Planning
Department ("Entrance Feature").
Staff Evaluation of The proffers are acceptable as they dictate the level of
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 4
Proffers:
quality of the project and provide predictability for the
proposed development in terms of number of units, site
layout and building materials, etc. Important landscape
and design elements, such as the entry feature and interior
tree plantings, are proffered as well.
City Attorney's
Office:
The City Attorney's Office has reviewed the proffer
agreement dated October 15, 2004, and found it to be
legally sufficient and in acceptable legal form.
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials
and the proffers, adequately addresses each of the 'Major Issues' identified above. The
proposal's strengths in addressing the 'Major Issues' are
(1) The plan is reflective of the Comprehensive Plan's recommendation for this area,
as the Plan calls for projects designed at densities complementary to adjacent
properties. The subject development offers the necessary provisions to ensure
that the guiding principles of the Plan are met. These provisions include:
functional site design and building arrangement; use of quality building materials;
density consistent with the adjacent residential developments; access controls for
safe and efficient circulation; adequate landscaping and green space provided
throughout; adequate screening and buffering against the abutting commercial
use; and functional and attractive storm water management system designed as
an aesthetic amenity.
(2) The adjacent zoning to the west is A-12 Apartment District and is developed with
attached townhouses. The proposed development is compatible with surrounding
uses and serves as a good transitional use to the town homes to the west and the
drug store to the east, which is located at the commercial node at Diamond
Springs Road and Wesleyan Drive.
(3) The proffers dictate the site layout, building design, building materials and key
landscape features. High quality vinyl and refined architectural accents contribute
to the attractiveness of the final product.
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 5
Staff, therefore, recommends approval of this request as proffered.
NOTE:
Further conditions may be required during the
administration of applicable City Ordinances. Plans
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable City Codes.
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 6
Supplemental Information
Zoning History
J'
Zoning Change: from R-10 to A-12
[! DATE I REQUEST
1 11/12/03 Change of Zoning (R-10 Residential District to
Conditional A-24 Apartment District)
2 10/26/99 Change of Zoning (R-10 Residential District & 0-1 Office
District to Conditional B-2 Community Business District)
04/30/90 Change of Zoning (R-10 Residential District to 0-1
Office District)
01/04/88 Change of Zoning (R-5 Residential District to B-2
Community Business District)
I ACTION
Indefinitely
Deferred
Granted
Granted
Denied
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 7
01/18/82 Change of Zoning (R-5 Residential District to A-1 Granted
Apartment District)
3 03/14/00 Change of Zoning (0-1 Office District to Conditional B- Granted
1 A Limited Business District)
06/23/98 Conditional Use Permit (nursing home) Granted
09/06/88 Change of Zoning (R-10 Residential District to 0-1 Granted
Office District
Conditional Use Permit (elderly home) Granted
4 OS/24/94 Conditional Use Permit (automobile service station) Granted
08/10/93 Conditional Use Permit (self storage) Denied
1 0/23/89 Change of Zoning (R-10 Residential District to B-2 Granted
Community Business District)
09/14/87 Conditional Use Permit (fuel sales) Granted
09/30/85 Change of Zoning (R-5 Residential District to B-2 Granted
Community Business District)
5 03/11/03 Conditional Use Permit (church) Granted
03/07/00 Conditional Use Permit (automobile service & fuel sales) Granted
09/26/99 Change of Zoning (R-10 Residential District to Granted
Conditional B-2 Community Business District)
09/06/88 Change of Zoning (R-10 Residential District to A-1 Granted
Apartment District)
04/25/88 Change of Zoning (R-10 Residential District to A-18 Withd rawn
Apartment District)
Public Agency Comments
Public Works
Master Transportation
~
Wesleyan Drive in the vicinity of this application is a
four (4) lane divided urban arterial. It is designated on
the MTP as a 100 foot wide right-of-way, divided
facility. There are currently no plans to upgrade this
facility. Should this development proceed, a right turn
lane will be required with 150 foot length and a 150 foot
taper.
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 8
Traffic Calculations: Street Name Present Present Generated Traffic
Volume Capacity
Existing Land Use ¿
15,500 14,800 - - 384 ADT
Wesleyan Drive ADT1 22,800
ADT1 Proposed Land
Use - 434 ADT
,
Average Dally Trips
2as defined by existing R-10 zoning with 34 single family dwellings
3 as defined by proposed A-12 zoning with 74 condominium units
Public Utilities
Water:
There is a 24 inch water transmission main in Wesleyan Drive
fronting the site. This site must connect to City water. A variance
request must be submitted for a water tap to a City transmission
main during final site plan review. This variance must be approved
b the De artment of Public Utilities rior to final site Ian a roval.
Sewer:
There is an eight (8) inch sanitary sewer main on the opposite side of
Wesleyan Drive. City sanitary sewer is available; however, a
sanitary sewer and pump station analysis will be required.
Construction plans and bonds will also be required.
Public Schools
School Current Capacity Generation 1 Change 2
Enrollment
Williams Elementarv 676 545 10.4 3
Bavside Middle 1288 1282* 4.7 1
Bavside High 2076 1860 11.2 6
h ."
generation represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning.
The number can be positive (additional students) or negative (fewer students).
*Capacity includes a 20 classroom addition, currently under construction, to relieve current overcrowding. This addition will
be completed in late fall of 2004.
Public Safety
Police:
The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for
crime revention techni ues and Crime Prevention
THE FRANCISGUS COMPANY
Agenda Item # 1
Page 9
Fire and Rescue:
Adequate - additional comments will be forthcoming
durin final site plan review.
THE FRANCISCl:JS COMPANY
Agenda Item# 1
Page 1 0
Exhibit A
Aerial of Site
Location
THE FRANCISCUS COMPANY
Agenda Item # 1
Page 11
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Agenda Item # 1
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FRANCISCLJ da Item# 1
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Agenda Iterri# 1
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Agenda Item # 1
Page 15
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Agenda Item # 1
Page 16
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Agenda Item # 1
Page 18
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THE FRANCISCUS COMPANY
Agenda Item # 1
Page 19
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THE FRANCISCUS COMPANY
Agenda Item # 1
Page 20
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APPLICANT DISCLOSURE
if tho Upp!;Ci,"t ", U corpofillìofl. pmlnorship. firm. busincss. Of othf'.r unincor xlmlcd
organizatloQ. complete Ihe follOwing:
1. USliho apl>iicanl nmne followed by 1110 nHmos of nil officørs. memhúrs. If\IsIUIJ$.
parlners. etc. below; (Affaclt /is/ if nuCt>ssmy)
It19£!iu¡ç! ~J4!1!Uw.1}Y~1!I1;. !1Z.Q..\{l!!¡U15LI'2¡ iy~!9I!1¡.1dll!iJg....YtL~~
fJanKIL9.ill!!Lf!!!.ErQ!1l<1.!ill\.d2l1..ll.!LKYD!ill..!"xecutive Vìœ Pf1tsident: Gary,l",
:tiornor. Vico Presidont; H, Lou ~ Vice P[osidonVTroasuror: Kelll R. ß"mh¡ut,
ð~~J,1!1tYjçj)YJ.lhqìdo n I; !s~I¡Y.1'L2PÆ!~iU!!?J11!!m!!!J>.~
2. LÍ$t all businesses that have a parenl-subsidiaty' or affiliated buSiness entity"
rolatloMhip with the applicant (Attllch lis/If necessary)
S!!!tAtt@Çh.'1f!J,!!1!
0 Check here if th£l applicant is NOT a cmporalion. partnership. firm. business. t)t
othßr lUlincorporaled organization.
PROPERTY OWNER DISCLOSURE
Complo/e litis sec/ion only if woperty owner i5 <liffuronl from app/icalll.
If Iho proporty owner is (I corpomtiOn, partnership, firm. business. or other
unincorpomte<t orgonizution. complete 1110 folIOWÎ )g:
1. List the property owner name follow<.'( by the names of all officers. mumblHs,
trustees. psl1n!'.rs. etc. b!'.low. (At/adl list i/ nocesslIlY)
(>\OOt<. ",-"", l~L\> - Ow..,,; r""fo.....;
,L'2!J!1 G, W,lliurn2._Gen(lt,!!J'l!!lnor; 1,1i!!Y..M.~.W~!i<)J!1~>..GonQ!.\11ß'h't'1!!!;.Y.¡r.íli!1i.~'Jj
Q.!!l!¿I!!ÍJ:!i..E!!.!ID~
2. List nil businussos that have ,I panmt-subsidiary' or aflmate<t business cntity"
flliationshil' with Iflo ~ (AlliIclt Us/ if necessary)
i}""ür
0 Check lime if ttu: property owner is NOT a corporation. partnership. firm. busir1ùSS,
or other unincorpon¡te<t organization. '
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DISCLOSURE ST A
ADDITtONAL DISCLOSURES
Ust "Ii known contractors or businesses tMI have or wiil provide services with rosped
to tho roqueslw proporly use, including but nollimitod 10 Iho providors of archll!'.clural
sorvk:os. real cst ate services, fioancí¡l servicM. accounting services. and legal
services: (Attach list if necessary)
WQQ1I1Pl!.J.J...E'_vffl!.Y!.!I.YL<!!Lo1$~.!H!lßJJ!1Q co"jJilionalrezooin9 process amI
pJ9Vid!þ'. "nnin eori!ill-Q.~!!!!yiwJQf.!!!9.I1!'9il!Çt
, 'Parent-subsldiary relationship" means'a relationship that exists when one
corpor¡)tÍOl1 directly or intlirecUy owns shares possessing nlOfO than 50 percent of the
voting power of anoUler corporaIÍO11.' $eo Stole and Local Government Conflict of
Interests Act. Va. Code § 2.2-3101.
Z 'Affilìatw bU1lil1ess entity relatÍOl1shlp- means 's relationship. other than
pomnt.subsldlary retationship, that exists whon (i) one business entity has a
oontrolling ownership Intorost in too other b"SÎI1f;SS el\lity, (ii) a controlling owner if)
one enlny is also a cootrolling ownor in tho other cntity, or (m) there is shared
management or control between tho business entilies, Factors that should bn
considerw in determining the existence of sn aftillatod business enlíly relationship
include thotlhe sarno person or substantially Iho same POISOO own Or nlan8ge the tvlO
cntities; thoro aro common Or commingled funds or assets: tho business enlíties Shàre
the use 011110 sarno offices or employees or otherwise share activities. resources or
personnol on a ragulnr bt\sis; or thoro is olMrNiso a dose working relationship
between the enlities .. See Slalf>. and tocal Gov",nment Conflict of InW!I>sts A(;I, Va
Code § 22-3101.
CERTIFICATION: I c~"tify thai the info{fm\tÎOrI contained herein is true and accuraW.
I umjf)fsland that. upon fl}ϓpl of notific.~liOI1 (poslcard) Ihat Iho application has boon
scheduled for public hearjn\1. I am responsible for alltà;"in!) and posting me w{\uirod
S~}11 on tho subject property (I.I'1"l1s130 days poor to !trn 5chodulrJd public hcaring
ac<:(\'¡ ~ng '.9 thO)nstn!Gt oo,.fn this package . , . "/,'
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2. List all businesses that have a parent-subsidiari or affiliated business entity2
relationship with the applicant:
Builders Marketing Associates
The Franciscus Company of Florida, Inc.
Franciscus Financial Subsidiary
Franciscus Mortgage, LLC
Franciscus Services, LLC
Franciscus Title, LLC
Greensprings Development, LC
Hillpoints Commons, LLC
Hilton Heights, LLC
Key Group 11, LLC
Market Planners, Inc.
Michaels Mews Associates
River Pointe Associates, LLC
River Pointe Associates II. LLC
Taylor Road, LLC
Tract 3, LLC
Tract 7, LLC
University Square Associates - Land
University Square Associates II, Inc.
Water Side. LLC
Williamsburg Crossing, LLC
ConditionaJ Rezoning Application
Page 14 of 14
Revised 2/19/2004
Exhibit F - 2
Disclosure
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THE FRANCISCUS COMPANY
Agenda Item # 1
Page 22
11/10/2004 9:16 AM FROM: Fax
TO: 426-5667
PAGE: 001 OF 002
5900 Buckminister Lane
Virginia Beach, VA 23462
urgent
facsimile
To:
Fax Number:
VaBeach Planning Department
426-5667
From:
Fax Number:
Business Phone:
Home Phone:
Michele A. Galdun
757 -490-9572
Pages:
Datej7ime:
Subject:
2
11/10/20049:16:02 AM
Support Franciscus
Attn: CAROLYN SMITH
Please give to Carolyn Smith
Northwest Beach Supports. . .
1 page plus cover
11/10/2004 9:16 AM FROM: Fax
TO: 426-5667
PAGE: 002 OF 002
26 Cypress
Pointe
HOA
Amhurst Homes
Civic Lea2ue
Ara§ona Vdla§e
Civic Lea2ue
Crystal Point
HOA
Cypress Point
Civic A,sex
Gamond Lake
Eslales
Civic Lea2ue
aamondSprinës/
(wdenwood
Civic Lea2ue
~and Lake
Civic lea2ue
UIj (wdens
Civic lea2ue
Lake Cypress
Civic lea2ue
Lake Edward
Area
Civic lea~ue
Lake Snith
Terrace,
Hay§ood Poot a
<iovernor Square
Civic lea2ue
Lake Srrith
Civic Lea~ue
lakeview Park
Civic lea2ue
Lawson forest
Civic lea2ue
Lynbrook
1 andin§
Civic Lea2ue
Newsome farms
Civic Lea2ue
Traditions at
Cypress Point
HOA
Wesleyan Chase
Civic Lea~ue
Wesleyan Forest
Civic Lea2ue
Wesleyan Pines
Campus East
L-- Community Assoc
Witchduck Lake
Condo Asloc
Northwest Beach Partnership
Board Members:
P.J Padrick -President
Bruce WeUer - l"t Vice President. Dave Tirado - 2rd Vice President, Kale Warren - T realurer, Mchele A. ~Idun - Secretary
Email: northwestbeachpartners@verizon.nel
November 10, 2004
Re:
Item 1 -- Planning Commission Agenda, November 10, 2004
Application of The Franciscus Company, Inc.
Change of Zoning District Classification
Dear Chairperson Wood and Planning Commission Members:
The Northwest Beach Partnership (NWBP) has voted to support the project
proposed by The Franciscus Company, Inc.
The developer notified us of the plans in August 2004 and took the time to
meet with the Partnership as a group, as well as with several of our
member leagues individually, over the ensuing three months. They
encouraged and maintained a dialogue with us concerning this project
and sought our input in their design. The final plan represents an
attractive, high quality condominium community with internal open
space and a gazebo for the enjoyment of residents. It also includes
generous landscape buffers, an attractive entrance feature, and a
comfortable setback from Wesleyan Drive.
This developer even gave us an opportunity to suggest a name for the
community. We felt "Williams Cove" would be fitting because the land
currently belongs to the Williams family and they are held in high regard
by our residents.
No matter what name is finally selected, our members are convinced that
this project will be a welcome asset to our area.
Respectfully,
Northwest Beach Partnership Board
757-490-9572 northwestbeachpartners@verizon.net
Item #1
The Franciscus Company, Inc.
Change of Zoning District Classification
South side of Wesleyan Drive
District 4
Bayside
November 10, 2004
REGULAR
Dorothy Wood: We will now proceed to the regular agenda portion of our meeting. I
want to remind everyone that we need to adhere to the rules and procedures that were
explained to you at the start of the meeting. Please be aware of what other speakers
before you have said. We must insist that redundancy is limited. Please do not be
offended if I stop the presentation from being repetitive. I certainly do not want to limit
anyone's rights, however, we have to cover a lot of information in a short period of time
and we must stick to the procedures. Thank you. Mr. Strange:
Joseph Strange: The first item on the agenda is Item #1, The Franciscus Company, Inc.
An Ordinance upon Application of The Franciscus Company, Inc. for a Change a Change
of Zoning District Classification from R-10 Residential District to Conditional A-12
Apartment District on property located on the south side of Wesleyan Drive, 544.5 feet
west of Diamond Springs Road, District 4, Bayside.
Eddie Bourdon: Thank you Madame Chair. For the record, Eddie Bourdon, a Virginia
Beach attorney and it is my privilege to come before the Commission this afternoon
representing The Franciscus Company. Mr. Frank Spadea and John Kupfer are both in
attendance today. I don't intend on using anywhere my ten minutes and I will apply it to
one of the other applications at the end of the agenda.
Dorothy Wood: No sir.
Eddie Bourdon: I can't do that huh. I know this application was on your consent agenda
and I gather there must be someone signed up in opposition. Let me just reiterate that
your staff has recommended approval of this application. It is one that is consistent with
the Comprehensive Plan. It is a very high end, high quality transitional development
between the commercial node at the corner of Wesleyan Drive and Diamond Springs
Road in the high-density townhouse, fee simple community of Campus East that
surrounds us to our west and to our south. My clients have spent considerable amount of
time and you have a letter from the Northwest Beach Partnership meeting both with the
partnership hierarchy as well as with the individual civic leagues in the area and have
been very positively received. We have a letter of support. They are very enthused and
happy about what we are proposing. You have a copy of that. The proposed 79
condominium unit residential community to be known as Williams Cove, as suggested by
the surrounding community, is one that will be economic and in every other way a
positive development in this area. We agreed to maintain the treed buffer that is
Item #1
The Franciscus Company, Inc.
Page 2
adjoining the town home community to our south and to our west with one entrance from
Wesleyan Drive, which is shared with the existing Walgreens. It has very beautiful
elevations with units that will be priced between basically $250-$300 thousand dollars
per unit. Because it was on the consent agenda I'll just wait and ask for the opportunity
to rebut the opposition and answer any questions that you may have.
Dorothy Wood: Thank you Mr. Bourdon.
Eddie Bourdon: Thank you.
Joseph Strange: Speaking in support ofthe application is Ashley McLeod.
Ashley McLeod: In the nick of time.
Dorothy Wood: You certainly are.
Ashley McLeod: Thank you so much. I appreciate you letting me speak quickly today.
I'm here in support. I represent Campus East Community Association. We've come
before to talk about this space being used.
Ed Weeden: Ma'am, please state your name for the record.
~
Ashley McLeod: Ashley McLeod. Thank you. We've come before concerning this use.
We had concerns about overcrowding. You heard me talk about traffic. I'm going to say
schools. I'm going to say recreation and all those wonderful things. But, I was trying to
think of a fun way to kind of entertain you today as I came up and said how about this?
How many of you have brothers and sisters when you were growing up? Now those who
have brothers and sisters, I didn't' have any brothers and sisters, but I had cousins. We
were forced into the back seat of grandma's station wagon on vacations. And, so we had
this 12-hour trip to see the other grandmother in Florida and of course, we're all in the
backseat, and we were all elbow-to-elbow. We were all crammed in. For the first few
hours we were fine. Mom didn't have any trouble with us. After 4 or 5 hours, our
elbows got into each other's way and of course, Tina crossed my line. You know those
cousins they cross over the line and they get in the way and they start pestering. Well,
that is how we're feeling in the Northwest Beach Partnership area. That is how we're
feeling in Campus East. That is how Lake Edward is feeling. Weare all sardines being
stuffed into a can and development continues to happen. And, so I came today to let
them know that we're happy with Franciscus. They're going to do a wonderful project.
Thinking of what could go there, of course, we would want it to be a beautiful park but
they're going to put in some beautiful condominiums. But just remember us and think of
us as sardines as you continue to approve other development in that area and to let you
know that we're watching and we know we can work together that we don't want to be
overcrowded. Are we there yet? Or are we going to stop doing all the developing in our
area. We can make sure that are schools are not overcrowded. The traffic isn't a
Item #1
The Franciscus Company, Inc.
Page 3
problem. Businesses want to move into our area. We have lots of vacancies. So thank
you so much for your time. I ran into the door and I appreciate that very much.
Dorothy Wood: Thank you for coming. We certainly appreciate your concern on your
neighborhood.
Ashley McLeod: Thank you.
Dorothy Wood: We need more like you Ashley. Thank you.
Ashley McLeod: Yes we do. I need to share some of this. Thank you.
Joseph Strange: Okay. Speaking in opposition is Veronica Bowles.
Dorothy Wood: Welcome Ms. Bowles. Glad to have you with us.
Veronica Bowles: Thank you for the opportunity. Dear sirs and madams. My husband
and I want to thank you for this opportunity to speak to you.
Edward Weeden: Ma' am, could you please identify your self please.
L-
Veronica Bowles: I'm sony. I'm Veronica Bowles. My husband is Dennis Bowles.
About rezoning the property that is across the street from our home. We have lived there
approximately nine months. We have enjoyed our new home immensely except for the
one night when we were a wakened by gunshots. The guns shots seemed so clear and so
close as if someone was in our driveway. We were afraid for ourselves and as well as for
our three children who were asleep in their bedrooms. The next morning while watching
the news we found out that those shots were results of altercations that had happened in
the townhouses located in Campus East, which are across the median from our house.
This is one of the main reasons why we are asking that you do not grant the rezoning
request. We feel this type of violence will increase because of the amount of people that
are squeezed on such a small parcel of land. There have been many other reports of gun-
shots heard near those townhouses in recent history. More townhouses will result in
more people, which will result in more crime, violence and congestion. With the
proposal, the Wesleyan Drive area will become more congested and decrease the pleasant
atmosphere of our neighborhood. We moved to this neighborhood to provide our
children an opportunity to live in a great community and to have a safe place to live and
play. Another reason to reject the proposal is the negative affect it will have on our
property value. If the property value goes down, our hard work to buy our first house
will be in vain. We worked awfully hard to find a home, buy a home and achieve the
American dream of home ownership and we don't want that dream to slip away. Now
let's consider the effects of over population. The school zone in which this proposal is to
take place is already overcrowded. There are many plans in place to try and relieve the
existing overcrowding, more students, will result and more overcrowding and poor
education. We thank you for taking the time to listen to all of our concerns. Please vote
Item #1
The Franciscus Company, Inc.
Page 4
"no" to rezone from Residential District to Apartment District in our neighborhood.
Your consideration in this matter is greatly appreciated.
Dorothy Wood: Could you show us your home? The pointer is right there ma'am.
Veronica Bowles: We live on the corner of Wesleyan Drive and Virginia Tech Trail.
Dorothy Wood: That's alright.
Veronica Bowles: The corner of Virginia Tech Trail and Wesleyan Drive.
Dorothy Wood: Right there? They're lovely homes in there. I'm sure you have a
wonderful home. Thank you for coming down.
Veronica Bowles: Thank you for your time.
Dorothy Wood: That is all the speakers Mr. Bourdon.
Eddie Bourdon: I'd like to thank Ashley McLeod and also Mrs. Bowles for taking the
time to come down this afternoon. Obviously, we have met with the civic leagues in the
area and have discussed this application. This is not a rental project. This is a fee simple
ownership condominium proposal with units that are and you can clearly see far more
valuable units or nicer units. That is not to put a negative on Campus East but this area in
order to bring it up, the investment of people like Mr. Spadea and the Dragas application,
which you all are familiar with, these are community based developers who have been
here for as long as any of us have been here, who recognize that this is an area that is a
great opportunity, an opportunity to increase the housing opportunities for everyone but
in a way that brings it up rather than drags it down. And, that is what this application
does. It involves a very high end, very nice community. A little bit of a gamble or a risk,
if you will, but we believe it will absolutely work. Those civic league representatives
have looked at the plan and we've gone to the individual civic leagues, including some of
the higher end neighborhoods in this area and all have agreed that this is a very positive
development. Hopefully, it will be a stimulus for some reinvestment of the owners in
Campus East and some of those town home units, including a large number of them that
are rental units. That is what we hope is what we will be stimulating. I think the
community hopes it will be stimulated by the investment that this project represents at a
density that is about 10 units per acre, which is less than the density of the properties that
are developed that surround us in Campus East. We don't believe that given the high
quality and most importantly, the fact that is a condominium that everyone will be
maintaining through the management or the Association as opposed to the fee simple
town home lots in Campus East that you will not have a situation that exists with regard
to Lake Edward and to some degree Campus East.
'--
Dorothy Wood: Thank you Mr. Bourdon.
Item #1
The Franciscus Company, Inc.
Page 5
Eddie Bourdon: Thank you.
Dorothy Wood: Are there any questions for Mr. Bourdon? Ms. Katsias?
Kathy Katsias: The starting price point Eddie? I missed it.
Eddie Bourdon: $225 would be the lowest starting price point. We expect that the
average would be somewhere between $250-$300 hundred thousand per unit.
Kathy Katsias: Thank you.
Eddie Bourdon: Each unit has a separate entrance and a garage.
Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions? Comments?
Mr. Ripley, you wanted to make a comment earlier?
Ronald Ripley: I'll make a comment. This application was before us a little while back
and it was in the fonn of an apartment community. It was a nice community but the
neighborhood and the applicant got together and apparently the applicant decided not to
bring it forward. I could imagine that the neighborhood put some pressure on them. The
neighborhood has spoken and they support the application. This is good. This
community group is a very strong group. They are very concerned as you saw. It's a .
piece of property that the staffis correct. It's pattern in density here. You have a multi-
family around it and it just doesn't make sense to develop it as R-IO and it doesn't make
sense, probably for retail either. In the area of retail there are a lot of vacancies in the
shopping center across the street. It's a beautiful shopping center and yet it is struggling.
There is retail down the street on Baker Road and on Newtown Road to the south it is
also struggling. To think in the tenns of this being more retail adjacent to Walgreens
probably doesn't make sense too. So, we felt that it was a good application. It's a quality
application. It's a quality developer. We don't really get quality development there and
the attention to detail has been defined. It's appropriate. So, when you're ready, I'd like
to make a motion.
Dorothy Wood: Is that in the fonn of a motion sir?
Ronald Ripley: I motion to approve the application.
Dorothy Wood: Do I hear a second?
Eugene Crabtree: Second.
Dorothy Wood: A motion by Ron Ripley and a second by Mr. Crabtree. Are there any
other comments?
c=::::...
AYE 11
NAY 0
ABSO
ABSENT 0
Item # 1
The Franciscus Company, Inc.
Page 6
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of The Franciscus
Company.
Dorothy Wood: Thank you for coming down Mrs. Bowles. I'm sure that Mr. Bourdon
can talk to you between now and Council. Thank you so much ma'am.
c::=...
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-5954
DATE: November 15,2004
FROM:
Leslie L. Lilley
William M. Macali ¡jJl
DEPT: City Attorney
TO:
DEPT: City Attorney
RE:
Conditional Zoning Application
The Franciscus Company, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on December 7, 2004. I have reviewed the subject proffer agreement, dated October 15,
2004, 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.
WMM/nlb
Enclosure
ê'c:' K:athleenH~~~
THE FRANCISCUS COMPANY, INC., a Virginia corporation
MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership
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 October, 2004, by and between
THE FRANCISCUS COMPANY, INC., a Virginia corporation, party of the first part,
Grantor; MOORE FARM, L.L.L.P., a Virginia limited liability limited partnership,
party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of three (3) contiguous
parcels of property located in the Bayside District of the City of Virginia Beach,
containing a total of approximately 7.7 acres as more particularly described as
Parcels 1, 2 and 3, in Exhibit "A" attached hereto and incorporated herein by
reference, which parcels are referred to herein as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property
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
Classification of the Property from R-10 Residential District to Conditional A-12
Apartment District; and
WHEREAS, the Grantee's policy is to provide only
development of land for various purposes through zoning
development legislation; and
for the orderly
and other land
GPIN: 1468-34-1775
PREPARED BY: 1468-34-2976
~ SYIŒS. ROURDON. 1468-34-0745
51 AHrnN & UV\'. P.C
1
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions goveming 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 Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the A-12
Zoning District 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 Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
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 govem
the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
PREPARED BY:
1. When the Property is developed, it shall be substantially in
accordance with the "Conceptual Layout Wesleyan Heights Multi Family Housing",
dated 10/6/04, prepared by WPL Engineers, Surveyors and Landscape Architects,
which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning ("Concept Plan").
;0 SYK£S. ROURDON.
I'll AllrnN & lM. P.C
2
2. Vehicular Ingress and Egress shall be via one (1) curb cut from the
existing access road shared with the Walgreens located east of the Property.
3. When the Property is developed, there will be no more than seventy-
nine (79) residential condominium units, each of which shall have a garage, within
seventeen (17) buildings as depicted on the Concept Plan.
4. When the Property is developed, the residential structures depicted on
the Concept Plan shall have the architectural design and utilize the building
materials substantially as depicted and designated on the exhibits entitled "THE
FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 5 UNIT BUILDING
ELEVATIONS" and THE FRANCISCUS COMPANY INC. WESLEYAN HEIGHTS 4
UNIT BUILDING ELEVATIONS", dated October 6, 2004, and prepared by Retnauer
Design Associates, P.C., which have been exhibited to the Virginia Beach City
Council and are on me with the Virginia Beach Planning Department
("Elevations") .
5. When the Property is developed, the entrance sign/water feature
designated on the Concept Plan shall be constructed substantially in accordance
with the exhibit entitled "WESLEYAN HEIGHTS ENTRANCE FEATURE" which has
PREPARED BY,
been exhibited to the Virginia Beach City Council and are on me with the Virginia
Beach Planning Department ("Entrance Feature").
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 and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is 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
!mD SYIŒS. ROURDON.
m AHrRN & IfVY, P.c 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
3
[ , .
PREPARED BY:
n:a SYIŒS. ROURDON.
m AlIffi¡"¡ & LM. P.c
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 goveming 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.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2)
The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and
the Grantee.
4
, '
PREPARED BY:
lID] SYIŒS. ROURDON.
- AHŒN & 1M. P.L
WITNESS the following signature and seal:
GRANTOR:
The Franciscus Company, Inc.,
a Virginia corporation
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 21 st day of
October, 2004, by John B. Kupfer, Vice President of The Franciscus Company,
Inc., a Virginia corporation, Grantor.
~yÞi-- !)(. yY7¿(~M
Notary Public
My Commission Expires: August 31, 2006
5
WITNESS the following signatures and seals:
GRANTOR:
Moore Farm LLLP,
a Virginia limited liability limited partnership
By:
Jo n G. Williams, General Partner
By:
7J(~ /h, -éd'/h~7.J (SEAL)
Mary . Williams, General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this .?òtz. day of
October, 2004, by John G. Williams and Mary M. Williams, General Partners of
Moore Farm LLLP, a Virginia limited liabili limited partnership, Grantor.
My Commission Expires:
2-¿g-o(
6
1-608772.1
10/20/2004
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "Parcel W-2-A" as
shown on that certain plat entitled, "RESUBDIVISION PLAT OF PARCELS W-1
AND W-2, SUBDIVISION OF PROPERTY OF JOHN G. & MARY M. WILLIAMS M.B.
207, P. 54 FOR RAD DIAMOND SPRINGS ASSOCIATES, LLC, MARCH 6th, 2000",
prepared by The TAF Group and recorded in Map Book 285 at Page 45 in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
TOGETHER WITH AND SUBJECT TO all easements, appurtenances, rights and
obligations set forth in that certain Declaration and Agreement of Easements,
Covenants, Conditions and Restrictions dated April 5, 2000, and recorded in the
Clerk's Office in Deed Book 4225, at Page 1614.
GPIN: 1468-34-2976
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "A" on that certain
plat entitled, "SUBDIVISION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by
Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87,
at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
GPIN: 1468-34-0745
PARCEL 3:
ALL THAT certain lot, piece or parcel of land, with the improvements thereon and
the appurtenances thereunto belonging, lying and situate in the City of Virginia
Beach, Virginia and being known, numbered and designated as "B" on that certain
plat entitled, "SUBDIVISION OF PROPERTY OF H.C. MOORE, JR., BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", dated June 17, 1971, prepared by
Baldwin and Gregg, Engineers-Surveyors-Planners and recorded in Map Book 87,
at Page 27, in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
PREPARED BY:
GPIN: 1468-34-1775
II SYIŒS. I!OURDON.
AlIillN & LM. P.C CONDlTIONALREZONE/FRANCISCUSCOMPANY /WESLEYANHEIGHTS/PROFFER
7
My commission expires:
Notary Public
,1)/& I,;} DO~
of the Circuit Court of the City ofVirgmia Beach, Virginia, and indexed in the names of the
Grantors and the Grantee.
WITNESS the following signatures and seals:
GRANTOR:
SALTMEADOW BAY' LLC
~~¿t~/
~
)c¥~f
Michael J. Barrett
STATE OF VIRGINJi\, .
CITY OF -Í/\A~. ~ ; to-wit:
I, --11611 t~ ~ni\ ~I\ . a Notary Public in and for the City and State aforesaid,
do hereby certify that Andrew S. Fine. whose name is signed to the foregoing instrument dated
the 2nd day of November, 2001, did personally appear before me in my City and State aforesaid
and acknowledge the same to me.
GIVEN under my hand and seal this 15th day of November, 2002.
~H~ ~~ ~1IlA,~
Notary Public
My commission expires: 5"'1'31 tJ.DOS-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~fì"iM ~n~ ~ n , a Notary Public in and for the City and
State aforesaid, do hereby certify that Michael J. Barrett whose name is signed to the foregoing
instrument dated the 2nd day of November, 2001, did personally appear before me in my City
and State aforesaid and acknowledge the same to me.
GIVEN under my hand and seal this 15th day of November, 2002.
~.1~
~~ ~~~~
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 such 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.
The Grantor covenants and agrees that:
(1)
The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunctio~ 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 pennits as may be appropriate;
(3)
If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4)
The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office
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, Grantees, and other successors in interest or title.
1. The project shall be developed substantIally as shown on the Exhibit for Conditional
Rezoning dated 11113/02 entitled Conceptual Site Layout and Landscape Plan of Condos
@ Saltmeadow Bay prepared by MSA, P.C. which has been exhibIted to the City of
Virginia Beach City Council and is on file with the Department of Planning (hereinafter
"Concept Plan"), which plan provides for 1.46 acres of open space.
2. The project shall not exceed the 17 units with a density of 4.81 units per acre.
3. The height of the homes shall not exceed 35 feet.
4. The exterior design, material, and colors of the single family sha1l adhere to the
elevations shown on the exhibit dated 11-12-02 and entitled "Saltmeadow Bay Condos
Barberton & South Oriole Drive, Virginia Beach, " prepared by Dimensional Designs,
Inc., which have been exhibited to the Virginia Beach City Council and are on file with
the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials
have been coordinated with the approved design, materials, and colors of the adjacent
SaItmeadow Bay Apartment project
5. The building envelope (exterior walls, roof system and exposed floor at garage level) will
be designed in accordance with industry standard, sound reduction construction materials
and techniques. Installation of these exterior elements will be in accordance with
accepted sound reduction construction practices.
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 and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full
force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is 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
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the
City ofVirgima Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-7.5 Residential District to Conditional A-12 with a PD-H2
overlay; and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofIand
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same tIme to recognize the effects of change that
will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantors' rezoning application
gives rise; and
WHEREAS, the grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns,
Grantee, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or Quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that
This Doeument Prepared by:
Fine, Fine, Legum & Fine, P.A.
THIS AGREEMENT made this 15th day of November, 2002, by and between
SAL TMEADOW BAY. LLC4 Property Owner/Grantor; and THE CITY OF VIRGINIA
BEACH. a mUnIcipal corporation of the Commonwealth of Virginia, Grantee, party of the
second part.
W!TNE S SETH:
WHEREAS, Property Owner is the owner of a certain parcel of property located in the
Beach District of the City of Virginia Beach, more particularly described as follows:
All those certain lots, pieces or parcels of land located in the City of Virginia Beach,
Virginia being, mown, numb~ and designated on a certain plat entitled "Bean Garden located
near Virginia Beach, Virginia in Princess Anne County" dated June 12, 1944 said plat being duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 16, PG 53, and being more specifically described as follows:
Block 7, Lots 8,10,12, 13, 14-22, Plat of Bean Garden
Block 6, Lots 2-5, Plat of Bean Garden
Portion ofOaldand Avenue to be closed, title to which shall vest in Salt Meadow Bay
L.L.C.,
said property hereinafter referred to as the "Property"; and
GPINI ACCT. NOS. 2418 70 3172, 2417 79 4950, 2418 70 4320
FOR"" NO P S 1e
City of Virgi:r1..ia Beach.
INTER-OffICE CORRESPONVEWCE
In Reply Refer To Our Flle No. DF-5674
DATE: February 26,2003
FROM:
Leslie L. Lilley
B. Kay WiISO~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE:
Conditional Zoning Application
Saltmeadow Bay, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 11, 2003. I have reviewed the subject proffer agreement, dated
November 15,2002, and have determined it to be legally sufficient and in proper legal fonn.
A copy of the agreement is attached.
Please feel tree to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
SECTION N
3.
A certIfied copy of this OrdInance shall be filed in the Clerk's Office of the
CircUIt Court of the CIty of Virgmia Beach, VirgmIa, and indexed m the name of the CITY OF
VIRGINIA BEACH as "Grantor."
Adopted by the CouncIl of the CIty of VirginIa Beach, V lrglma, on this 11 th day
of March
, 2003.
CA-8655
DateFebruary 24. 2003
C \WINN1\Temp\ca8655 on! wpd
APPROVED AS TO CONTENT.
~- t.~t 3-03
PI epartment
APPROVED AS TO LEGAL SUFFICIENCY
~ ~ l:.fZ ~
3
SECTION II
The following conditions must be met on or before March 10, 2004:
1. The City Attorney's Office will make the final detenmnatIon regarding ownership
of the underlying fee. The purchase pnce to be paid to the CIty shall be detennmed according to the
"Policy Regarding Purchase of CIty'S Interest in Streets Pursuant to Street Closures," approved by
City CounCIl. CopIes of said policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lInes to
incorporate the closed area into the adjoIning parcels. The resubdlvision plat shall be submitted and
approved for recordation pnor to final street closure approval.
3. The applicant shall verify that no private utIlities exist within the right-of-way
proposed for closure. Preliminary comments from the utilIty companies indicate that there are no
private utilItIes within the right-of-way proposed for closure. If private utilities do exIst, the
applIcant shall proVIde easements satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon complIance with the above
stated conditions withIn 365 days of approval by City Council. If all conditions noted above are not
accomplished and the final plat is not approved WIthin one year ofthe City Council vote to close the
roadway, tlus approval will be consIdered null and voId.
SECTION III
1.
If the precedmg conditions are not fulfilled on or before March 10,2004, thIS
Ordinance wIll be deemed null and void without further action by the City Council.
2.
Ifall condItions are met on or before March 10,2004, the date of final closure
is the date the street closure ordinance IS recorded by the CIty Attorney.
2
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF TIIAT CERTAIN
STREET KNOWN AS OAKLAND AVENUE AS SHOWN
UPON THAT CERTAIN PLAT ENTITLED: "PLAT
SHOWING PROPOSED CLOSURE OF A PORTION OF
OAKLAND AVENUE RIGHT OF WAY (MB 16, PG 53)
NOVEMBER 12, 2002, VIRGINIA BEACH, VIRGINIA".
WHEREAS, on March 11,2003, SALTMEADOWBA Y, LLC applied to the Council
of the City of VirgInia Beach, Virginia, to have the hereinafter descnbed street discontinued, closed,
and vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued, closed,
and vacated, subject to certain conditions haVIng been met on or before March 10,2004;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter descnbed street be discontinued, closed and vacated, subject to certain conditions being
met on or before March 10, 2004:
All that certain pIece or parcel of land sItuate, lying and beIng In the
City of Virginia Beach, Vlrgnna, designated and described as
"PORTION OF OAKLAND AVENUE TO BE CLOSED AREA =
12,552 SF OR 0.288 ACRES" shown as the cross-hatched area on
that certain plat entItled: "PLAT SHOWING PROPOSED
CLOSURE OF A PORTION OF OAKLAND AVENUE RIGHT OF
WAY (MB 16, PG 53) NOVEMBER 12,2002, VIRGINIA BEACH,
VIRGINIA" Scale: 1"= 60', dated November 12, 2002, prepared by
MSA, P.C., a copy of WhICh is attached hereto as ExhIbIt A.
GPIN: 2417-79-4950,2418-70-3172 and 2417-79-5978
- 43-
Item V-J.2.
PLANNING
ITEM # 50904 (Continued)
ORDINANCE UPON APPliCATION OF SALT MEADOW BAY, L L C
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R - 7 5
RESIDENTIAL DISTRiCT TO CONDITIONAL A-12 APARTMENT
DISTRICT WITH A PD-H2 OVERLAYZO3032135
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
OrdInance upon Applzcatzon of Salt Meadow Bay, L L C for a Chanf!e of
Zonzn~ Dlstnct Classzficatzon from R-75 Reszdentlal Dzstrlct to
CondItIOnal A-12 Apartment Dlstrlct wIth a PD-H2 Overlay on the south
sIde of South Onole Drlve, beginnIng at a pomt 320 feet west of Barberton
Drlve(GPIN2418703172, 2417794950, 2418704320, andproposedclosed
portIOn of Oakland Avenue} The proposedzonmg to CondltlonalA-12 wIth
a PD-H2 Overlay zsfor reszdentzalland use at a densIty not to exceed 12
dwellIng UnIts per acre The Comprehenszve Plan recommends use of thzs
parcel for resldentzalland use at or below 3 5 dwellmg UnIts per acre
Parcel contazns 3 53 acres, more or less DISTRICT 6 - BEACH
The followIng condItIOn shall be requzred
1
An Agreement encompasszng proffers shall be recorded wIth the
Clerk of CIrcuIt Court
ThlS Ordmance shall be effectIve m accordance wIth SectIOn 107 (j) of the ZonIng OrdInance
Adopted by the Councllofthe Czty ofVzrgznza Beach, Vzrgmla, on the Eleventh of March, Two Thousand
Three
VotIng
11-0 (By Consent)
Counczl Members VotIng Aye
Harry E Dzezel, Margaret L Eure, Vzce Mayor Lows R Jones, Reba S
McClanan, Rlchard A Maddox, Mayor Meyera E Oberndorf Jzm Reeve,
Peter W SchmIdt, Ron A Vzllanueva, Rosemary Wzlson and James L
Wood
CouncIl Members VotIng Nay
None
Counczl Members Absent
None
March 11,2003
Gpin See Application
œ DATE I REQUEST
1 07/09/03 Street Closure
2 03/11/03 Change of Zoning (R-7.5 Residential District to A-
12 Apartment District with a PD-H2 Overlay)
Street Closure
3 01/22/02 Conditional Rezoning (R-7.5 Residential District to
A-36 Apartment District)
Street Closure
Conditional Rezoning (R-7.5 Residential District to
A-36 Apartment District)
Street Closures
4 06/26/01 Street Closure
5 03/14/88 Conditional Use Permit (gas station)
I ACTION
Granted
Granted
Granted
Granted
Granted
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Saltmeadow Bay, LLC. - Modification of land Use Plan
MEETING DATE: December 7,2004
.
Background:
An Ordinance upon Application of Saltmeadow Bay, LLC. for a Modification to
the Land Use Plan approved by City Council on March 11, 2003. Property is
located at the western extremity of Oakland Avenue (GPIN 24187031540000).
The Comprehensive Plan identifies this area as being the Oceanfront Resort
Area. DISTRICT 6 - BEACH
.
Considerations:
On March 11, 2003, the Virginia Beach City Council approved a rezoning of this
site to a PD-H2 Planned Development for the construction of 17 single-family
dwelling units. Under the approved PD-H2 Land Use Plan, the rear yard setback
for the principal structure, decks, etc. was 20 feet. The applicant is proposing to
modify that requirement to permit certain encroachments. The existing Land Use
Plan will remain in effect with the exception of the provision for rear yard
setbacks. The proposed modification will permit stairs, decks and patios to have
a rear yard setback of 8.5 feet. In addition, second floor "popouts" and decks will
also be permitted within the rear yard setback as specified in the modified Land
Use Plan.
All elements of the existing land Use Plan will remain unchanged other
than the following:
Rear yard setbacks for all units will be 20 feet except that stairs. decks.
and patios will have a minimum rear vard setback of 8.5 feet. Second
floor cantilevered house popouts (not to exceed 24 inches) and second
floor cantilevered decks (not to exceed 32 inches) are permitted in the rear
vard setback.
The Planning Commission placed this item on the consent agenda because it is
a modification to an existing land use plan that will not result in an increase in
intensity or density of the development, Staff recommended approval, and there
was no opposition.
.
Recommendations:
Saltmeadow Bay, L.L.C.
Page 2 of 2
The Planning Commission passed a motion by a recorded vote of 10-0 with 1
abstention to approve this request.
.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
,
Su bm illi ng Department! Agency: Planning Departmen'-
City Manager: ~ k- , Óf! ~
SAL TMEADOW BAY, L.L.C.
Agenda Item # 5
November 10. 2004 Public Hearing
Staff Planner: Carolyn AK. Smith
The following report is prepared by the staff of the Virginia Beach Department of
Planning to provide data, information, and professional land use recommendations to
the Planning Commission and the City Council to assist them in making a decision
regarding this application.
REQUEST:
LOCATION:
GPIN:
COUNCIL
ELECTION
DISTRICT:
SITE SIZE:
Location and General Information
Modification of Land Use Plan placed on a Conditional Rezoning of
property zoned Conditional A-12 with a PD-H2 Overly, approved by
City Council on March 11,2003.
Property located
at western
extremity of
Oakland Avenue.
24187031540000
5-LYNNHAVEN
3.409 acres
SALTMEADOW BAY, LLC.
Agenda Item # 5
Page 1
EXISTING
LAND USE:
The property is currently under construction to development a 17 unit
single family subdivision with a condominium form of ownership.
West:
. Oriole Drive
. Single-family dwellings / R-7.5 Residential District
. Apartments / A-24 Apartment District
. South Barberton Street
. Single-family dwellings / R-7.5 Residential District
. Apartments / A-24 Apartment District
SURROUNDING North:
LAND USE AND
ZONING: South:
East:
NATURAL
RESOURCE
AND
CULTURAL
FEA TU RES:
This property is within the Chesapeake Bay watershed. There are no
significant environmental features on this site.
AICUZ:
The site is in an AICUZ of 70 to 75 dB Ldn and within the Accident
Potential Zone II surrounding NAS Oceana. In these areas, .
residential land use is typically inadvisable; however, when City
Council rezoned the property in 2003, the 3.53 acres were currently
zoned R- 7.5 Residential District and had 17 legally platted, recorded
lots on it. The Navy was not opposed to this request in light of the
existing zoning and the fact that the number of dwelling units did not
increase with that proposal.
Summary of Proposa
On March 11, 2003, the Virginia Beach City Council approved a rezoning of this site to a
PD-H2 Planned Development for the construction of 17 single-family dwelling units.
Under the approved PD-H2 Land Use Plan, the rear yard setback for the principal
structure, decks, etc. was 20 feet. The applicant is proposing to modify that
requirement to permit certain encroachments. The existing Land Use Plan will remain in
effect with the exception of the provision for rear yard setbacks. The proposed
modification will permit stairs, decks and patios to have a rear yard setback of 8.5 feet.
In addition, second floor "popouts" and decks will also be permitted within the rear yard
SALTMEADOW BAY, LLC.
Agenda Item.#5
Page 2
setback as specified in the modified Land Use Plan.
All elements of the existing Land Use Plan will remain unchanged other than the
proposed changes underlined in the "Setback" section below:
LAND USE PLAN
In accordance with the requirements of the PD-H2 Planned Development District, the
applicant submits the following Land Use Plan that will govern the development of this
project. The provisions below, where they conflict with the requirements of the City of
Virginia Beach Zoning Ordinance for the underlying zoning of the district (A-12), will
supersede the requirements of the ordinance (Section 1124).
Building Description
. Exteriors shall be painted cement fiberboard with at least five main exterior
colors.
. The units will be on crawl space foundations with any exposed portion of the
foundation to brick, stone or parged.
. Soffits will be exposed painted wood.
. All exterior trim around windows, porches and soffits will be a shade of white or a
similar neutral color.
. Porches will be a minimum of 4' x 10' with white railings. Optional features on the
porches will include false shutters and porch doors. The rear courtyard patios will
be bounded with white fencing.
. Garages will be one or two car and built with some side loading garages. The
garage doors will be the new craftsman/cottage style.
. Square footage will range from 1,900 to 2,500 square feet with a minimum of
three (3) bedrooms and two (2) bathrooms.
Building Height
. The maximum building height will be thirty-five (35) feet.
Lot Coverage
. Maximum lot coverage shall not exceed forty (40) percent.
Setbacks
. Setbacks to be measured from a property line or a private street (face of curb).
. Along South Oriole Drive - the setback will be thirty (30) feet from right-ot-way.
SALTMEADOW BAY, LLC.
Agenda Item # 5
Page 3
. No unit will be closer than 100' from Barberton Drive.
. Rear yard setbacks for all units will be 20 feet except that stairs. decks, and
patios will have a minimum rear yard setback of 8.5 feet. Second floor
cantilevered house popouts (not to exceed 24 inches) and second floor
cantilevered decks (not to exceed 32 inches) are permitted in the rear yard
setback.
. The minimum distance between dwelling units will be fifteen (15) feet. The eaves
and porches will be no closer than 12.5 feet.
. Side yard setback, other than noted above, will be twenty (20) feet.
. Front yard setback will be twenty (20) feet.
. Mechanical equipment (HVAC) will not be located between dwelling units.
. Chimneys (unless flush with the façade) will not be located between dwelling
units.
Drive Aisle and Parking
. The main drive aisle will be twenty four (24) feet asphalt with stamped asphalt
paving accents at the intersections with S. Oriole and Barberton Drive.
. Two (2) parking spaces will be provided per unit. One (1) 9 feet x18 feet exterior
space and one (1) garage space.
Fencing and Landscaping
. There will be a brick entrance element with identification signage and
landscaping at the entrance off Barberton Drive as shown on the plan.
. There will be Category I landscaping along the S. Oriole Drive exposure and
existing trees will be preserved in the rights-of-way and the open space areas,
where feasible.
. Limits of land disturbance shall be no more than 10 feet from the rear and sides
of any dwelling where trees are depicted on the Concept Plan to be saved.
These limits shall be clearly marked in the field and on the final site plan with
erosion and sediment control fencing and adequate tree protection (minimum of
orange fencing material).
. The landscape shall reflect the concepts of BayScape principles with the
following additional components (in addition to any other applicable City
requirements): a) the interior island within the private drive shall be planted with a
mix of trees and shrubs, b) the minimum residential tree requirement shall be 800
square feet of canopy per dwelling unit (as described in the City of Virginia Beach
Trees and Residential Lot Guide) and shall be installed within the cleared areas
surrounding the proposed dwellings.
SALTMEADOW BAY, L.L.C.
Agenda Item # 5
Page 4
Open Space/Park Area
. There will be open space/park areas as indicated on the Conceptual Site Layout
and landscaping Plan dated 11/13/02. There will be a walking path, gazebo and
benches placed in this area for use by the homeowners.
Street Lighting
. Street lighting will be residential in character.
Trash Collection
. Trash collection will be by private service.
The proffers attached to this project will remain in place as currently recorded but are
attached below for information purposes.
Proffers
PROFFER # 1
PROFFER # 2
PROFFER # 3
PROFFER # 4
The project shall be developed substantially as shown on
the Exhibit for Conditional Rezoning dated 11/13/02
entitled Conceptual Site Layout and Landscape Plan of
Condos @ Saltmeadow Bay prepared by MSA, P.C. which
has been exhibited to the City of Virginia Beach City
Council and is on file with the Department of Planning
(hereinafter "Concept Plan"), which has 1.46 acres of open
space.
The project shall not exceed the 17 units with a density of
4.81 units per acre.
The height of the homes shall not exceed 35 feet.
The exterior design, material, and colors of the single-
family shall adhere to the elevations shown on the exhibit
dated 11-12-02 and entitled "Saltmeadow Bay Condos
Barberton & South Oriole Drive, Virginia Beach," prepared
by Dimensional Designs, Inc., which have been exhibited
to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning (hereinafter
"Elevations"), which materials have been coordinated with
SALTMEADOWBAY, L.LC.
Agenda Item # 5
Page 5
the approved design, materials, and colors of the adjacent
Saltmeadow Bay apartment project.
PROFFER # 5
The building envelope (exterior walls, roof system and
exposed floor at garage level) will be designed in
accordance with industry standard, sound reduction
construction materials and techniques. Installation of these
exterior elements will be in accordance with accepted
sound reduction construction practices.
Major Issues
The following represent the significant issue identified by the staff concerning this
request. Staff's evaluation of the request is largely based on the degree to which this
issue is adequately addressed.
. Degree to which the modification of the Land Use Plan is commensurate with the
surrounding properties.
Comprehensive Plan
The Comprehensive Plan recognizes this site to be within the Primary Residential Area
of the City of Virginia. For properties within Primary Residential Areas, the Plan
emphasizes the need to preserve and protect the overall character, economic value and
aesthetic quality of stable neighborhoods.
SALTMEADOW BAY, L.L.C.
Agenda Item# 5
Page 6
Staff recommends approval of this request.
Staff's evaluation of this request reveals the proposal, through the submitted materials,
adequately addresses the 'Major Issue' identified above. The proposed modification of
the rear yard setback requirement for this development, in Staff's opinion, will not be
detrimental to surrounding properties. The principal structure's rear yard setback will
not be changed and will remain at a minimum of 20 feet from the property line. The
modification to 8.5 feet from the rear property line is for decks, stairs, and patios only.
The change does also permit minor encroachments for popouts, such as bay windows
or fireplaces, and for small cantilevered decks on the second floor. Again, these minor
encroachments of no more than 24 and 36 inches respectively will not impact the quality
of life or economic values for adjacent property owners.
Staff, therefore, recommends approval of this request.
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.
SALTMEADOWBAY, L.LC.
Agenda Iterrt# 5
Page 7
Supplemental Information
Zoning History
Gpin See Application
I ACTION
Granted
00 DATE, I REQUEST
1 07/09/03 Street Closure
2 03/11/03 Change of Zoning (R-7.5 Residential District to A-12
Apartment District with a PD-H2 Overlay)
Street Closure
3 01/22/02 Conditional Rezoning (R-7.5 Residential District to A-36
Granted
SAL TMEADOW BAY, LLC.
Agenda Item # 5
Page 8
4 06/26/01
5 03/14/88
Apartment District)
Street Closure
Conditional Rezoning (R-7.5 Residential District to A-36
Apartment District)
Street Closures
Street Closure
Conditional Use Permit (gas station)
Granted
Granted
Granted
SAL TMEADOW BAY, L.LC.
Agenda Item# 5
Page 9
Exhibit A
Aerial of Site
Location
SAL TMEADOWBA V, LLG.
Agenda Item # 5
Page 10
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W BAY LLC.
SAL TMEAOO . da Item~# 5
Agen . .1. .1
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Photographs of
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SALT MEADOW. BAY, lot.C.
Agenda Item# 5
Page 12
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DISCLOSURE ST A TEME
APPLICANT DISCLOSURE
II the applicant 1$ a corporation" pmtn!Jrship" fIrm, business" or other lInmcorporated
orgl1ltilat!On, complete the rollowing
1 List th\! applicant name followed by Ihe names of all ol!b~,s, mombers truslees
pallnels, etc, below (At/ac/¡ lisl il flCC()SSOlY)
,:;;i1.L""""!"',~Jj"1, J.li;.,,;Wdtow_S_"lU...,.M...<u.i.< u. ,t',)",".. .Jliou""lJ..lI,¡¡rt.<>t t .
2 Ust all businesses IMI have a Ihot hove a parent.subsidiary' Of "Whated business
entity' relationship with the applicant: (Allac/llist i/llQC(lSs8ty)
,_:'I:1I""R,\!!'r:'.¥,!"~;!t,£,,,r¡>9EU9'!_~
. -- -,--,"" -",.
0 Check hort) if the applicant is NOT a corporalion, partnership, firm, businoss, or
other unincorporated OIganizallOl1
PROPERTY OWNER DISCLOSURE
. Compteta this soc/iM ollly if I"()fJorfy owner is difforont from npplictmf
~ It the property OWM.r IS a corporalion,.pallnorshiP, lilm, bU911WSS, or ott\O!
lu"incorpolat<1ó org,"'¡Z,1hol1, complete Ihe following:
1 listll1e propelty ownef name followed by tho 11B1lli':S oj all officers, members,
trustees, partners, otc, below, (Attach list if tlocQssaf'¡)
_..",§~.tt'tt!'.~9",.-'!"YL¡<U;L!~<!gj<ß-,-J:I!~t"..!!"X(.!.~...Ji,-,X,i1"'L,~.!.,(:I\!~~il..:!..,--~.'~,r,r£~..t._,
7. list alllJusincsscs tllat havc a that have a IMrcnt,subsidiary' or aflìliated business
entrty' wlationship with the appllclmt. (At/acll/ist if floce,çsHf)'}
-- Tn, ,!<U>",'"'.',:.'."!.':..S.",'>"¡',-",'iOh
LJ Ciw,ck 116T<; il \lw prQpmty owner is NOT a corpmatlUI1, IÚ1l!!I(Jfsh!p, firm, bu~ll1e%
01 ütlwr IIl1intOrpOlHlerJ OIgHnll¡\lio!1
I So ' Se~ nB'¡ 1'I1g~ \Qrfc;"ln"t~s
DISCLOSURE STA'
ADDITIONAL DISCLOSURES
List rill known contractors or bustnesses 111r11 havt>. or wil! provl(fu sorVIGt>.s Wllh rfisped
to fhe requested property use, Including but not hllllted to Il1e providers ot 8IdHWctllln¡
" gorvIC(~S< roat ¡¡slatt! servÍ(;t!s, financial s!Hvlc0S.. accounting services, and 1\1\J,,1
sÐrvicc$: (Attach list if noCOS$3f'ý)
_II,\Y"K~J)rlÏg,Ç,!;Li;J¡,U"""lÜ.j,QJ1.LJ!!iA,.. .lnaL,Ii;¡,¡:aí.~Ì1LL""o.""t,(¡,..cl~n~.. ¡no_.:.,
-f,Ü\~. . <.ule... ,LU\l"'Lj.¡¡d,..Ji¡;1;ra£:I¡""H..,1iÜ( ilù..",.¡;qul~"t .,o.¡..u Q",~"l"V"C¡)'L,.,.l"..¡....,.,
I "Parent-subsidiary relationship" IUQans "a ro!alionshlr that exists whorl one
corporation directly or indirectly owns stulrès possessIng more man 50 ¡JØtcont of the
voth19 power of 3notherOOfporallon," See State and tocal Govornment ConOict or
1"loresls Act, Va, Cod() § :>',:>'-3101,
j 'Atltlíaled business entity relationship' means -a m!ahorlship, ()ther !tHm
parent-subSldlaf'ý relationship, that exists when (i) ono buslnoss Mlity hils ¡¡
controlling ownOlship interest in th& other husllms!! entlly. (Ii) " controlling (¡'limn in
one entity is ¡¡Iso a cent/oiling owner in tha othel entity, or (íii¡ them is shared
managomont or control between fhe business entllio$ Fact("" that should 1m
considered in determínin<j tho oxister1{".() of on affiliatod b\lõ"'o'e;~ t'..ntity wlation:;hip
includo that the SIUf1{ person or substantially the ,¡(\me person own Of manaf e 11m (W(I
¡,ntitíI!5; Ihme ¡\It; coml1\on or commingled fund!> 01 ("sets; Ille husinoss "ntilÍln shiH"
IIw USe ot tl10 samo offICes Of omptoyees Of othP.lW¡~(! sl1a!(' a<;lívi\Îos, resources m
J(lfsonnol on a regular basis: Of thoro is otharwísc n close workinn rel¡\!íonshi"
botwcrm the ontitles: Soe $tato and l.oclJl Governrnenl Conflict of Interests Act, VB.
Code § 2,;1-3101,
I certify tl1at tho information contained I1Qf(~il1 is true and (ICCUr¡Üe
receipt of notification (postcard) tMltM npplicatiol1 ha~ beúl!
, I am fúSI)( l1siblO for òbtoil1lng and p<J~tin9 the rèqui...\d
nt loilsl 30 dilYS prior to the scheduled ¡¡uhliG twHlÍI111
in this p<lckt\!. u.
CERTIFICATION:
I ul1dorstand Ihal.
sdw(lnlod lor publiC
$1911 üI\ tho subject
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:Ed Weeden - RE: application Salt Meadow Bay GPIN24187031540000
, .
paQe1l
From:
To:
Date:
Subject:
<DanaNVB@aol.com>
<planad m in@vbgov.com>
11/10/049:01AM
RE: application Salt Meadow Bay GPIN24187031540000
To Whom It May Concern:
I am writing this e mail in reference to Salt Meadow Bay LLC and its
development in the Barberton/ South Oriole Drive area off 24th St. The
development thus far is sufficient and in fact excessive. I was
notified just recently of a modification -- and the notice does not say what
that is. The present development is enough. If there is any further
building or development
it will compromise the environment ,quality of life and safety of
residents. I am against any further development in this area of any land. If
there is a building
planned on an existing piece of land already built by Salt Meadow Bay
that will not compromise the land or quality of life then I do not object
strongly to that
( IE an improvement such as decking or porches) but I am 100%
against any further development of another type. I feel the residents -
if sent letters were not given
ample notice or information. In fact I never received any information
on the condos already built or the apartments already built. I was never
given any
notice or information before. As I stated if this application is for
any modification such as a deck or porch or storage on land already with
an existing house then I dont have any objections but if there is any
further development I do not want this
There is already enough dense housing and congestion and traffic
If you have any questions please feel free to contact me. I also submitted
a letter
and wish to speak if I am able to and need to. Thank you very much
Sincerely,
Dana Cox
428 2228
~
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-----
Item #5
Saltmeadow Bay, LLC.
Modification to the Land Use Plan
Western extremity of Oakland Avenue
District 6
Beach
November 10, 2004
CONSENT
William Din: The second item that I have on consent here is Item #5 Salt Meadow Bay,
LLC. This is an application to modify the Land Use Plan approved by City Council on
March 11,2003. The property is located at the western extremity of Oakland Avenue in
the Beach District. I'd like to note that we have just received prior to this meeting several
letters providing comments in opposition to certain aspects of this application.
Michael Barrett: My name is Michael Barrett. I'm the developer ofthe project.
William Din: Is there any opposition to placing this on consent?
Ronald Ripley: These letters talk about adding more development and that is not what
we're talking about here. He's talking about adjusting his plan slightly.
William Din: That's correct. If there is no objection to this, we will continue with our
consent. Ms. Anderson, would you please explain this item.
Janice Anderson: Thank you. This is an application for a Modification ofthe Land Use
Plan. It is for 17 single-family homes a condominium ownership. It's located off
Barberton Drive and South Oriole. The only change to the conditions is the rear setback
to the property. It was a 20-foot setback from the houses. What they're proposing now is
the porches to allow that into the rear setbacks. Porches and steps and second floor pop
outs for porches for the second floor. They can actually encroach into that 20-foot
setback. That is the change that they're requesting. The setback now for the porches or
any deck out back will drop to 8.5 feet. And, I would like to mention the letters that we
did receive from the neighbors. Evidently, some neighbors were concerned and their
main interest was more development in the area. I think they thought there were
additional homes. The letters definitely say that they are fine with the development that
is there now. They were just requesting no additional development. I think they
misunderstood the notice that was posted out there. This is the only change to the
conditions is for the allowance of these decks and second floor pop outs and the porches
in the back.
Michael Barrett: I certainly will be happy to speak with them as well.
Janice Anderson: Thank you.
Item #5
Saltmeadow Bay, LLC.
Page 2
Dorothy Wood: Thank you Mr. Barrett.
Michael Barrett: Thank you.
William Din: I'd like to move that the following item be placed on consent. Item #5 is
another proffered application in the Beach District.
Dorothy Wood: Do I hear a second?
Barry Knight: Second.
Dorothy Wood: Mr. Miller.
Robert Miller: Yes ma'am. I need to abstain from Item #5. My finn is working on the
project.
Dorothy Wood: Thank you.
ANDERSON
CRABTREE
DIN
HORSLEY
KATSIAS
KNIGHT
MILLER
RIPLEY
STRANGE
WALLER
WOOD
AYE 10
NAY 0
ABSENT 0
ABS1
AYE
AYE
AYE
AYE
AYE
AYE
ABS
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, with the abstention so noted, Item #5 has been approved
for consent.
L--
M.
APPOINTMENTS
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD (CP AB)
COMMUNITY POLICY and MANAGEMENT TEAM - CSA At Risk
COMMUNITY SERVICES BOARD (CSB)
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS and RECREATION COMMISSION
PENDLETON PROJECT MANAGEMENT BOARD
RESORT ADVISORY COMMISSION
REVIEW and ALLOCIATION COMMITTEE [COG]
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC
N.
UNFINISHED BUSINESS
o.
NEW BUSINESS
P.
ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCn ACnONS
V
0 I
M B L
C E S L
DATE: 11/23/2004 D C M R C A W
PAGE: 1 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
I. BRIEFINGS:
A COMPREHENSIVE ANNUAL FINANCIAL Patricia Phillips,
REPORT (CAFR) Director-Finance
B MUNICIPAL SKATE PARK Cindy Curtis,
Director-Parks &
Recreation
C MARRIOTI HOTEL TERM SHEET James Ricketts,
Director-
Convention &
Visitor Bureau
llIIll/IV / CERTIFICATION OF CLOSED SESSION CERTIFIED 8-0 Y Y Y Y A Y Y A Y Y A
VNIÆ
F MINUTES APPROVED 8-0 Y Y Y Y A Y A Y Y Y A
B
INFORMAl./FORMAL SESSIONS lli9/04 S
T
A
I
N
E
D
G MAYOR'S PRESENTATION:
DISTINGUISHED BUDGET David Bradley,
Resource
PRESENTATION AWARD Management
Administrator
accepted for
Catheryn
Whitesell,
Director-
Management
Services
HlI PUBLIC HEARING:
TOWN CENTER, PHASE ill, TERM SHEET No Speakers
I/J/K/l Resolution to APPOINT Mark D. Stiles/Carol ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A
W. Hahn Deputy City Attorneys CONSENT
2 Ordinance to CONVERT part-time position to ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A
full-time in Libraries re restructuring the CONSENT
Records ManagementIMunicipal Referenc
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
DATE: 11/23/2004 C E S L
D C M R C A W
PAGE: 2 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
3 Ordinances to AUTHORIZE acquisition offee
simple easements re traffic signals:
ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A
a London Bridge Roadlfower Bridge Loop CONSENT
b Baker Road/Hampshire Lane ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A
CONSENT
4 Ordinance to ESTABLISH initiatives re ADOPTED, BY 9-0 Y Y Y Y A Y Y Y Y Y A
minority/woman-owned/small businesses in CONSENT
City contractslTRANSFER $50,000 i:> staff
program
VI BAYMARKGOLF,MODIFICA110N of MODIFIED 9-0 Y Y Y Y A Y Y Y Y Y A
Proffers re rezoning (approved May PROFFERS, BY
1999!June 200 I re Baymark Construction CONSENT
Corp) muhi-purpose building in "community
green space" at Signature Circle/Signature
Drive, (Villages at West Neck). (DISTRICT 7
- PRINCESS ANNE)
2 MIZPEH CHURCH NEW CUP: church at APPROVED! 9-0 Y Y Y Y A Y Y Y Y Y A
1064 Lynnhaven Parkway (DISTRICT 6 - CONDmONED,
BEACH) BY CONSENT
3 SAINT JAMES MISSONARY CHURCH APPROVED! 9-0 Y Y Y Y A Y Y Y Y Y A
NEW CUP: church at 5277 Princess Anne CONDmONED,
Road (DISTRICT 2-Kempsville) BY CONSENT
4 CITY OF REFUGE CHRISTIAN CHURCH APPROVED 9-0 Y Y Y Y A Y Y Y Y Y A
renewal of 200lfNEW CUP: church/ADD a RENEWAL CUP
child care education center at 3420 Holland FOR CHURCH
Road (DISTRICT 3 - ROSE HALL) ONLY
5 OCEAN MYSTIQUE, INc. CUP: studio for APPROVED! 7-2 Y Y Y N A N Y Y Y Y A
tattoofpennanent makeuplbody piercing at 2335- CONDmONED,
2337 Virginia Beach Boulevard. (DISTRICT 6 BY CONSENT
- BEACH)
6 H&A ENTERPRISES, at Independence DEFERRED TO 9-0 Y Y Y Y A Y Y Y Y Y A
Boulevard/Smokey Road: (DISTRICT 4 - JANUARY 4,
BAYSIDE) 2005, BY
CONSENT
a COZfrom R-7.5 to Conditional B-2
b CUP:re vehicle sales
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
11/23/2004 C E S L
DATE: D C M R C A W
PAGE: 3 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
7 WOMACK CHAPPELLILINDA T. APPROVED AS 8-1 Y Y Y N A Y Y Y Y Y A
CHAPPELL COZtrom AG-1-2/R-20 to PROFFERED,
Conditional 1-1 at London Bridge BY CONSENT
Road/Homet Drive re Phase IT of Taylor
Farm Corporate Park. (DISTRICT 6 -
BEACH)
8 MARY SPADY COZ trom R-IO to DEFERRED TO 9-0 Y Y Y Y A Y Y Y Y Y A
Conditional 0-1 at 844 Kempsville Road. JANUARY II,
(DISTRICT 2 - KEMPSVILLE) 2005
9 VTC ONE extension of90 days to comply with APPROVED/ 9-0 Y Y Y Y A Y Y Y Y Y A
Condition in closure of portion of Regent CONDmONED,
BY CONSENT
University Drive. (Approved 2003 re
Amerigroup Office Complex). (DISTRICT I -
CENTERVILLE)
M. APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S
BIKEWAYS and TRAILS ADVISORY
COMMITTEE
COMMUNITY SERVICES BOARD
INVESTMENT PARlNERSHIP ADVISORY
COMMITTEE
MJNORITY BUSINESS COUNCn..
PARKS and RECREATION COMMISSION
TOWING ADVISORY BOARD
TAX ASSESSMENT EVALUATION AND 9-0 Y Y Y Y A Y Y Y Y Y A
REFINEMENT TASK FORCE
Appointed - NoTerm
D. A. Ablowich
John T. Atkinson
Elsie M. Barnes
William W. Din
Dan R. Lowe
AI Strazzulo
Dale Tyree
Stanley Waranch
Robert Thornton
Thomas F. Betz, Jr.
Kenneth C. Taylor
Barbara Wolcott
ADDED EASTERN VIRGINIA HEALTH SYSTEMS 9-0 Y Y Y Y A Y Y Y Y Y A
AGENCY
Appointed 4 Year Term IIIIOS-12ß1/08
David Grochmal (Consumer)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
1l/23/2004 C E S L
DATE: D C M R C A W
PAGE: 4 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z E N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E A 0 R V D V 0 0
L R S N X F E T A N D
N/OIl ABSTRACT OF CIVIL CASES RESOLVED CITY CLERK TO B Y C 0 N S E N S U S
- October 2004 RECORD
2 ABSTRACT OF VOTES - GENERAL CITY CLERK TO B Y C 0 N S E N S U S
ELECTION - 11/2/04 RECORD
P ADJOURNMENT 6:25 P.M.