NOVEMBER 8, 2005 AGENDACITY COUNCIL
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
8 NOVEMBER 2005
( ID HALL BI H DIb'O
7401 ( UI RTHot SE DRII E
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PH0%E ,-17) 4_"-41114
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I CITY MANAGER'S BRIEFING - Conference Room - 1.00PAIL II
I JOINT USE LIBRARY
Marcy Sims. Aumg Chiel Information Officer
2 CONIPREHENSIVE ANNEAL FINANCIAL REPOR F (CAFR)
Patti Philhpc. Director, Department of Finance
3 LOCAL ROADS NETWORK
Dean BIOCI. DueLtOi, Department Of PLINIL Work,,
II CITY COUNCIL COMMENTS
III REVIEW OF AGENDA ITEMS
IV INFORMAL SESSION - Conference Room - 3:00PM II
A CALL TO ORDER — \,Loor Vlevera E Obeindorl
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
V FORMAL SESSION - Council Chamber - 6:00PM
0
C
17
E
CALL TO ORDER — Mavoi Mevera E Obeindort
INVOCATION: Reverend Donald R Staton
Pastor, Chnutan ti1iwon Fellowship
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANIERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICA PION OF CLOSED SESSION
F MINUTES
G
H
INFORMAL and FORMAL SESSIONS
AGENDA FOR FORMAL SESSION
MAYOR'S PRESENTATION
NATIONAL WEATHER SERVICE DESIGNATES
THE CITY OF VIRGINLA BEACH AS "STORMREADY'
Bill Sammler. Waining Cootdin.uion Meteorologist
NOAA's National Weather Set%ILe
CONSENT AGENDA
J RESOLUTION'IORDINANCES
November 1.2005
I Resolution to REFER to the Planning Conumssion an Ordinance to amend Section 401, 501,
601, 801, 901, and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible
uses of Zoning Diuncis in Accident Potential Zone I (APZ-1)
2 Ordinance to AUTHORIZE the reimbursement of legal fees Lind ekpenses Incurred by a
Sheriff's Depute in deleine of a traffic charge dtsnussed by the COLITt
K
3 Ordinances to ACCEPT dnd APPROPRIATE from the Federal Emergency Management
Agency (NE IA) to the Fire DepaiIment's FY 2005-2006 Operating Budget to deployment
telmed to
a Hurricane Katrina - Second Deployment $1,000.000
b Hutmcane Rita S 136,000
4 Ordinance to ACCEPT and APPROPRIATE S175.455 to Capital Impiovement Program
(CIP) lot park playgiound renovations and improvemcnt% from Cash Payments in Lieu of
Park Reservations
a Athens Boulevard S70,000
h London Bridge Crossing S28,448
c Madison Crossing S29, 250
d Saginaw Estates S47,757
PLANNING
Application of K & SONS, INC. tot the Modification of the Indian Lakes Land Use Plan to
allow a gasoline siation in conjunction with a convenience store at 1196 Indian Lakes
Boulevard (Defeired byCity Council onOctobei II 2005) (DISTRICT 2-KEMPSVILLE)
RECOMMENDATION: DENIAL
2 .Applications of NORTH LANDING RIVER ASSOCIATES, L.L.C. re 161 Princess Anne
Road (DISTRICT 7 - PRINCESS ANNE)
.i Modification of Conditions tot a Conditional E ise Permit (appioved by City Council
on November 8. 1971)
h Variance to Section 5B of the Site Plan Ordinance, Floodnlain Regulations
RECOMMENDATION: APPROVAL
3 Application of STEVEN W. SIMPSON and BARRY D. KNIGHT tot a Conditional
Use Permit re alternative residential development at 2000 Munden Point Road
(DISTRI( T 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4 Application of PRINCESS ANNE PROPERTIES. INC. for a Condmonal Use Permit fora
car wash at 3397 Vugima Beach Boulevard (DISTRICT 3 -ROSE HALL)
RECOMMENDATION: APPROVAL
Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum
lot µidth in the B-3A Pembroke Central Business Core District re the Pei forminu Arts
Centel development
RECOMMENDATION:
L APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE — PPEA
PERSONNEL BOARD (Alternates)
WEI LANDS BOARD (Alternates)
M UNFINISHED BUSINESS
N. NEW BUSINESS
O ADJOURNMENT
I I Vou are phvstcally disabled or usually impaired
and mLd .ncutan« a1 11111 Incetm"
PILdSL wll the CITY CLERK'S OFFICE a1 427-4303
Hearing impaired -all %'rrgrma Relay Center at
1-800-828-1121)
i 3<} R k-'*< e
u �.w �h_n• umi
APPROVAL
CITY MANAGER'S BRIEFING - Conference Room - LOOP-Nt
JOINT USE LIBRARY
Marcy Sims. ALung Chief Infoimation Otficei
2 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
Patti Phillips, DireLtOr. Department of Finance
3 LOCAL ROADS NETWORK
Dean Block, Directoi, Department of Public Work.
II CITY COUNCIL COMMENTS
III REVIEW OF AGENDA ITEMS
IV INFORMAL SESSION
A CALL TO ORDER — Mavoi Meveta E Oberndoi I
B ROLL CALL OF CITY COUNCIL
C RECESS TO CLOSED SESSION
Conference Room - 3:00 PM
V FORMAL SESSION - Council Chamber - 6:OOPNI
A
E.
C
C
E
CALL TO ORDER — Mayor Meyew E Oberndoit
INVOCATION: Reverend Donald R Staton
Pastor, Chntitian MiStiion Fellokk�hip
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF CLOSED SESSION
F MINUTES
INFORMAL and FORMAL SESSIONS
G AGENDA FOR FORMAL SESSION
Nowmher 1, 200-
arsolutiOtt
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2 2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies, and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council
H MAYOR'S PRESENTATION
NATIONAL. WEATHER SERVICE DESIGNATES
THE CITY OF VIRGINIA BEACH AS "STORMREADY"
Bill Sammler, Warning Coordination Meteorologi,i
NOAA'ti National Weather Ser%ice
J
CONSENT AGENDA
RESOLUTION/ORDINANCES
Resolution to REFER to the Planning Commission an Ordinance to amend Section 401, 501,
601. 801, 901, and 1001 of the City Zoning Oidinance (CZO) re prohibiting incompatible
uses of Zoning Dishicts in Accident Potential Zone I (APZ-1)
2 Oidinance to AUTHORIZE the ieunhuisement of legal fees and expenses incurred by a
Sheriff's Deputy in defense of a traffic charge drsnussed by the Court
3 Ordinances to ACCEPT and APPROPRIATE front the Federal Emergency Management
Agency (FEMA) io the Fire Department's FY 2005-2006 Operating Budget redeployment
related to
a Hurricane Kahrna - Second Deployment
h Hurricane Rita
S 1,000,000
S 336,000
4 Ordinance to ACCEPT and APPROPRIATE S175,455 to Capital Inipiovement Program
(CIP) for park playground renovations and improvements front Cash Payments in Lieu of
Park Reservations
.t Athens Boulevard $70,000
h London Bridge Crossing $28,448
c Nladtson CnrSs[ng S29,250
d Saginaw Esidics 547,757
w•
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Referring to the Planning Commission an Ordinance to Amend
Sections 401, 501, 601. 801. 901, 1001 and 1110 of the City Zoning
Ordinance by Prohibiting Uses Designated as Incompatible in the Portions
of Agricultural, Residential, Apartment, Office, Business, Industrial and
PD-1-11 Zoning Districts Within Accident Potential Zone 1 (APZ-1)
ETING DATE: November 8, 2005
■ Background: One of the components of the August 2005 Base Realignment
and Closure (BRAC) Commission was a condition that the City adopt and enforce
measures designed to prevent further encroachment of NAS Oceana, including taking
measures to halt and roll back development in Accident Potential Zone 1 (APZ-1)
deemed incompatible under the Navy's OPNAV Instruction Currently, there is a
considerable amount of undeveloped and underdeveloped property in APZ-1 zoned to
permit uses that are incompatible with the OPNAV Instruction
■ Considerations: The Resolution refers to the Planning Commission, for action
at its December meeting, an ordinance that strictly limits development deemed
incompatible in APZ-1 The proposed ordinance prohibits any such use in APZ-1
unless (1) it is a replacement of the same use or structure, and (2) the replacement use
or structure is of equal or lesser density or intensity than the original use or structure
■ Public Information: No special form of advertisement or public notice is
necessary for this resolution The accompanying ordinance, however, must be the
subject of advertised public hearings before both the Planning Commission and the City
Council
■ Alternatives: The City Council may, if it desires, not adopt this resolution While
the Planning Commission may consider the ordinance even without a resolution, the
resolution requires the Commission to hear the matter at its December meeting and to
make its recommendation on the ordinance at that time In order to preserve the option
of utilizing this tool to prevent potential further encroachment in the APZ-1 areas around
NAS Oceana, the process of consideration needs to be initiated in a timely fashion
■ Recommendations: Adoption of resolution
■ Attachments: Resolution, proposed ordinance
Recommended Action: Adoption of resolution
Submitting DepartmenVAgency: Planning Department
City Manag�
lL ��
I
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND SECTIONS
401, 501, 001, 801, 901, 1001 AND 1110 OF
4
THE CITY ZONING ORDINANCE BY PROHIBITING
5
USES DESIGNATED AS INCOMPATIBLE IN THE
E
PORTIONS OF AGRICULTURA:,, RESIDENTIAL,
7
APARTMENT, OFFICE, BUSINESS, INDUSTRIAL AND
E
PD-H1 ZONING DISTRICTS ;WITHIN ACCIDENT
9
POTENTIAL ZONE 1 (APZ-1)
jr
WHEREAS, in August 2005, the Base Realignment and
11
Closure
(BRAG) Commission issued a decision to realign NAS
12
Oceana
by relocating the East Coast Master Jet Base to Cecil
13
Field,
if, among other things, the City of Virginia Beach fails
14
to enact
and enforce legislation to prevent further encroachment
15
of NAS
Oceana by land uses that are incompatible with flight
15 operations; and
17 WHEREAS, BRAG Commission specifically stated in its
18 decision its intent was "to ensure that the State of Virginia
19 and the municipal governments of Virginia Beach and Chesapeake
20 take immediate and positive steps to halt the encroaching
21 developments that are pending before them now and in the
22 future," and
23 WHEREAS, the City Council is in the process of
24 evaluating the merits of potential actions designed to respond
25 appropriately to the BRAG Commission's decision and to the
26 Navy's concerns regarding encroachment of NAS Oceana, and
2, WHEREAS, during such process, interested parties will
28 have a full opportunity to express their views concerning all
29 such potential actions, including the City Zoning Ordinance
3C amendments referred to the Planning Commission by this
31 Resolution; and
32 WHEREAS, it is the sense of the City Council that
33 referral of the said City Zoning Ordinance amendments to the
34 Planning Commission will provide an additional public forum in
35 which all interested parties may express their views on the
36 amendments, and will also stimulate other public discourse on
37 not only the amendments themselves, but on related issues as
38 well; and
39 WHEREAS, it is the intention of the City Council to
40 consider each and every potential action thoroughly and
41 critically, and to adopt only those that it determines, after
42 full public debate, are in the best interests of the citizens of
43 Virginia Beach, and
44 WHEREAS, the public necessity, convenience, general
45 welfare and good zoning practice so require;
46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
47 CITY OF VIRGINIA BEACH. VIRGINIA.
48 That the above -entitled ordinance, a copy of which is
49 hereto attached, is hereby referred to the Planning Commission
50
for its
consideration
and recommendation
The Plannina
51
Commission
is directed to
consider, and mace
its recommendation
52
on, such
ordinance at its
December 14, 2005
public hearing and
53
forthwith
to transmit to
the City Council
its recommendation
54
thereon
55
Adopted by the Council of the City of
Virginia Beach,
56
Virginia,
on the
day of
2005
CA-9761
OID\ordres\referAPZ-lordin.res
R-3
November
2. 2005
APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT
r �
City Attorney's Office Planning Department
3
1 AN ORDINANCE ='0 AMEND SECTIONS 4Ji, 501, 601,
2 801, 9C1, IOC- AND 1110 OF THE CITY ZON--NG
3 ORDINANCE BY PROHIBITING USES DESIGNATED AS
4 INCOM=AT=BLE 1N THE ?ORTIONS O- AGR-CULTURAL,
5 RESIDENTIAL, AFAR -MEN-, OFF-C=', BUSINESS,
6 INDUSTRIAL AN) PD-F: ZONING-,ISTR:CTS WITHIN
7 ACCIDENT PC-ENTIAL 'ZONE _ AP'Z-.)
P
9 Sections Amended CZO §§ 401, 501, 601, 801,
10 901, 1001 and 1110
11
12 WHEREAS, the pu'o_ r.ecessi:.y, convenience, general welfare
13 and good zoning practice so require;
14 NOW, THEREFORE, BE IT ORDAINED BY THE C--Y COUNC-L OF THE C-mY
13 OF VIRG=NIA BEACH:
16 ,rat Sections 401, 5C1, 601, 801, 901, 1001 a-d 111C of the
17 City Zoning Ordirarce are hereby amended and recrda_ned, to read as
18 foLows:
19 Sec. 401. Use regulations [Agricultural Districts]
20
21 . . . .
22
23 !d) Special rest= -coons n ACCident Potential Zo-ne 1 (APZ-
24
1) No use
or structure shall be
perm_--ted on
any property located
25
wi�h_n Acc=dent Po--ertia_ Zone
- !ADZ-1)
urless sucr use is
26
designated
as Compatible in A_Z-_
_n -able 2
"'Air Installations
27
Compatible
Use Zones Lard Use Compatibility in
Accident Potential
28 Zones"i of Section 18C4, provided, however, gnat ary use or
29 structure not designated as Compatible shall be perm,-tted as a
30 replacement of the same use or structure -f the replace: -en: use or
31 structure Ls of equal or lesser ders_ty or intensity than. the
1
it
32 original use or structure.
33 COMMENT
34 The amendment prohibits new uses and structures in portions of Agricultural Districts within
35 Accident Potential Zone 1 (APZ-1) that are incompatible under Table 2 ("Air Installations
36 Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804.
3, The provision allows replacement uses and structures so long as they are of lesser or equal density or
38 intensity as the original use or structure. The specific Agricultural Districts located within APZ-1
39 include both the AG-1 and AG-2 Agricultural Districts.
40
41
42 Sec. 501. Use regulations [Residential Districts].
43
4" . . . .
45
46
4% (c) Special restrlctions In Accident ?otenciai Zone 1 (APZ-
48 1). No use or structure shall be perml--ted on any property located
49 within Accident Potential Zone 1 (ADZ-., 1 unless such use is
50 designated as Compatible in APZ-1 it Tac_e 2 ("Air Insta_lat=ons
51 Compatible Use Zones Land Jse Co-patibi=ity in Accident Potential
52 Zones"; of Sect -on --804; provided, however, that anv use or
53 structure not designated as Compatible shall be perriitted as a
54 replacement of the same use or structure if t-ie reo_acement use or
55 structure is of euual or _esser dens-tv or intensit•v than the
56 orlalnal use or structure.
57 COMMENT
58 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
59 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
60 Section 1804 in portions of Residential Districts within Accident Potential Zone 1 (APZ-1). The
61 provision allows replacement uses and structures so long as they are of lesser or equal density or
62 intensity as the original use or structure. The specific Residential Districts located within APZ-1
63 include the R-15 Residential, R-10 Residential, R-7.5 Residential, R-513 Residential Duplex and R-5S
64 Residential Single -Family Districts.
65
66 . . . .
2
6-7 Sec. 601. Use regulations [Apartment Districts].
68
69 (c) Special restrictions in Accident Potential Zone 1 (APZ-
70 1). No use or structure shall be oermi-ted on any property located
7- w_thin Accident Potential Zone 1 A?Z-1) unless such use is
72 designated as Compatible in APZ-1 in Table 2 r"Air --nsta:lat=ons
73 Compatible Use Zones Land Jse Cc-oat_w-_rty -a Accident rctertial
74 Zones") of Section -804; provided, ^.owever, that anv use or
75 structure rot designated as Compatible shall be permitted as a
76 replacement of the same use or stricture r`_ the reolacemer•t use or
77 struc!�ure :s of equal or lesser density or ntensity than the
78 orrglr•al use or structure.
79 COMMENT
80 The amendment prohibits new uses and structures structures that are incompatible under Table
81 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential
82 Zones") of Section 1804 in portions of Apartment Districts within Accident Potential Zone 1 (APZ-1).
83 The provision allows replacement uses and structures so long as they are of lesser or equal density or
84 intensity as the original use or structure. The specific Apartment Districts located within APZ-1
85 include the 4-12, A-18 and A-36 Apartment Districts.
86
87
88 Sec. 801. Use regulations [Office Districts].
RIP
90 (c; Special restrictions in Accident Foter,tlal Zone 1 (APZ-1). No
91 use or structure shall be permitted on any property located within
92 Accident Potential Zone 1 ;APZ-1) 'unless such use _s designated as
93 Compatible in APZ-1 in -able 2 ;"Air Icsta'_iatiors Compatible Use
3
94 Zones -land Use Compatibility in Accident Potential Zones") of
95 Section 1804; provided, however, that any use or structure not
96 cesignated as Compatib'_e snall be permitted as a replacement of the
97 same use or structure if the replacement use or structure is of
98 equal or lesser density or intensity than the original use or
99 Structure.
100 CO.NINIENT
10-
102 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
10 3 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
104 Section 1804 in portions of Office Districts within Accident Potential Zone I (APZ-1). The provision
10 5 allows replacement uses and structures so long as they are of lesser or equal density or intensity as the
106 original use or structure. The only Office District located within APZ-1 is the 0-2 Office District .
107
108
109 Sec. 901. Use Regulations [Business Districts].
1_0
111
112 (a) Principal and conditional uses. The following chart lists
113 those uses permitted within the B-1 thrc:ugh -S-4 B-4C Business
114 Districts. -hose uses and structures it the respective business
115 districts shall be permitted as either principal uses indicated by
116 a "P" or as conditional uses-nd-cated by a "C." Uses and
117 structures indicated by an "X" sha_i be prohibited in the
118 respective districts. No uses or structures other than as specified
119 shall be permitted.
12C . . . .
121 ;c) Special restricticis in Accident Potential Zone 1 (APZ-1). No
122 use or structure shall oe permitted on any property-ocated within
123 Accident Potential Zone I (APZ-1) unless such ise is designated as
4
i
124
Compatible in APZ-1 in Table
2 ("Air lnstailatiors Compatible
Use
_25
Zones Lard Use Compatibility
in Accident Potential Zones")
of
126
Section 1804; provided, however, that any use or structure
not
127
designated as Compatible shall
be permitted as a replacement of
the
128
same ;se or structure if the
replacement use or structure is
of
129
eoual or 'lesser deist--v or
Ln ensity _tar the oria_,al use
or
130 structure
131 COMMENT
132
133 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
134 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
13 5 Section 1804 in portions of Business Districts within Accident Potential Zone 1 (APZ-1). The provision
136 allows replacement uses and structures so long as they are of lesser or equal density or intensity, as the
137 original use or structure. The specific Business Districts located within APZ-1 include the B-1
138 Neighborhood Business and B-2 Community Business Districts
139
14 0 A technical correction unrelated to the purpose of this ordinance is made in subsection (a).
141
142 . . . .
143
144
145 Sec. 1001. Use regulations [Industrial Districts].
146
14-1
,da
_49 (c) Special restrictions in AccI dent Perer.tial Zone (APZ-1). No
150 use or structure shall be permitted on any property located within
151 Accident Potential Zone 1 (APZ unless such use is designated as
152 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use
153 Zones 1�ar.d Use Compatibility in Accident Potential Zones") of
154 Section 1804; provided, however, that any use or structure not
155 designated as Compatible shale be permitted as a replacement o` the
156 same use or structure if the replacement use or structure is of
5
;57 eaual or lesser density or intensity than the original use or
158 structure
159 COMMENT
160
161 The amendment prohibits new uses and structures structures that are incompatible under Table
162 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential
163 Zones") of Section 1804 in portions of Industrial Districts within Accident Potential Zone 1 (APZ-1).
164 The provision allows replacement uses and structures so long as they are of lesser or equal density or
165 intensity as the original use or structure. The specific Industrial Districts located within APZ-1 include
166 both the 1-1 and 1-2 Industrial Districts
167
168 . . . .
169
170
1�1 Sec. 1110. Land use regulations [PD-H1 Planned Unit
172 Development District]
173
174
175
176 (e) Special restrictions in Accident PotenrLal Zone 1 (P.PZ-1). No
177 use or structure shall be permitted on any property located within
178 Accident Potertial Zone 1 ;APZ-11 urless such use is designated as
179 Compatible in APZ _n Table 2 ("Air Installations Compatible Use
180 Zones Land Use Compatibility in Accident Potential Zones") of
18- Section 1804; provided, however, that ary use or structure not
182 designated as Compatible shall be permitted as a replacement of the
183 same use or structure the replacement use or structure is of equal
184 cr lesser density or _ntensity than the cria_r.al use or structure.
185
186 COMMENT
187
188 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
18 9 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of
190 Section 1804 in portions of the PD-HI Planned tTnit Development District within Accident Potential
191 Zone 1 (APZ-1). The provision allows replacement uses and structures so long as they are of lesser or
192 equal density or intensity as the original use or structure.
193
6
i
194 A minor technical amendment is made to the catchphrase of the section.
195
196
19;
198 Adopted by the City Council of the Ci_y of Virginia Beach,
199 Virginia, on this day of 20C
20
APPROVED• AS TO CONTENT:
Planning D partment
APPROVED AS O LEGAL SUFF=CIENCY:
City Attorrey's Office
CA-976C
OID/ordres/Proposed/AICUZ/APZ-lordin.dcc
R-3
November 3, 2003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Reimbursement of a Sheriff's Deputy for
Legal Fees and Expenses Incurred by Him In His Defense of a Traffic
Charge that was Dismissed by the Court
MEETING DATE: November 8, 2005
■ Background: A Virginia Beach Sheriff's Deputy was charged with the
misdemeanor offense of reckless driving The charge arose during the deputy's
performance of his duties as a Sheriff's Deputy The charge against the deputy
was dismissed by the Augusta County General District Court on July 1, 2003
The City Attorney's Office has reviewed the circumstances of the case and
determined that fees charged are reasonable
■ Considerations: In situations where a law -enforcement officer is investigated,
arrested, indicted, or prosecuted for an alleged criminal act committed in the
discharge of official duties, Section 15 2-1711 of the Code of Virginia authorizes
local governing bodies to reimburse the legal fees and expenses incurred by
such officer if no charges are brought, the charges are dismissed, or at trial the
officer is found not guilty
■ Recommendation: Approval of ordinance
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Age/cy: City Attorney`
City Manager: S F—-
1 AN ORDINANCE AJTHOR=ZING THE
2 REIMBURSEMENT O: A SHERIFF'S DEPUTY
3 FOR LEGAL FEES AND EXPENSES INCURRED
4 BY HIM IN HIS DEFENSE OF A TRAFFIC
5 CHARGE THAT WAS DISMISSED BY THE
6 COURT
7
8 WHEREAS, a Virginia Beach sheriff's deputy was charged
9 with reckless driving for actions arising out of the performance of
10 his official dudes;
11 WHEREAS, at a trial held in tie Augusta County General
12 Distric- Court on July L, 2003, the charge against the officer was
13 dismissed;
14
WHEREAS,
in the defense
of said charge,
the
officer
15
incurred legal fees
and experses in
the a -punt of
S450,
and -as
16 requested the City zo reimburse him for such fees and expenses;
i7 WHEREAS, Section 15.2-1171 of -he Code of Virginia
=8 provides that "(1)f any law-enforcexent officer shall be
19 in-estigated, arrested or indicted or oche -wise prosecu�:ed on any
20 criminal charge arising out of any act committed in the discharge
21 of :nis o=ficial duties, and no charges are brought, the charge is
22 subsequently dismissed or upon trial he is found not guilty, the
23 governing body of the jurisdiction wherein he is appointed may
24 reimburse such officer for reasonabie 'legal fees and expenses
25 incurred by him in defense of such investigatior or charge"; and
26 WHEREAS, -he C1-y Attorney's Office has relysewed the
27 circumstances of this case, assessed the itemized bill s.:bmitted by
28 the officer's legal counsel, and determired that the Legal fees and
29 expenses incurred by the officer are reasonable.
I
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA.
32 That the Sheriff is hereby authorized to expend funds in
33 the amount of $450 from the FY 2005-06 Operating Budget of the
34 Sheriff's Office for the purpose of reimbursing a sheriff's deputy
35 for legal fees and expenses incurred by him in his defense of a
36 traffic charge brought against him arising out of the performance
37 of his official duties
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the _ day of , 2005.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY•
Sherr"fff's Offic City orne ice
CA-9786
H/GG/ordres/Saucier.legalfees ord doc
R-2
October 26, 2005
E
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $1,000,000 from the Federal
Emergency Management Agency to the Fire Department's FY 2005-06 Operating
Budget for a Second Deployment Related to Hurricane Katrina
MEETING DATE: November 8, 2005
■ Background:
The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA
Urban Search and Rescue Team ("VA-TF2") The Fire Department serves as the
administrator of VA-TF2 VA-TF2 was activated on September 21, 2005, to travel to the
state of Texas in anticipation of needed search and rescue assistance with the
approach of Hurricane Rita Hurricane Rita eventually turned in a more northerly
direction and VA-TF2's capabilities were not needed in Texas Upon release from
Texas on September 25, 2005, VA-TF2 was immediately reactivated to the greater New
Orleans area to continue recovery efforts in that region of the country in the wake of
Hurricane Katrina VA-TF2 demobilized on September 30, 2005, and returned home
Upon activation and deployment, the Federal Emergency Management Agency
("FEMA") provides funding to reimburse participants for equipment, supplies and
overtime supporting this event
■ Considerations:
As the sponsoring agency, the City of Virginia Beach is responsible for administrative
and fiscal management of the team and its assets Consistent with previous
deployments, FEMA had authorized the reimbursement of all eligible expenses related
to activation, mobilization, deployment and demobilization of VA-TF2 Though FEMA
authorized well over one million dollars of reimbursement prior to the deployment, costs
associated with this deployment were only approximately $1,000,000, given the time
spent in the gulf coast region
■ Public Information:
Public Information will be handled through the normal Council agenda process
■ Recommendations:
Accept and appropriate $1,000,000 to cover expenses of VA-TF2 for Hurricane Katrina
II deployment
■ Attachments: Ordinance
FEMA Assistance Award Documents (2)
Recommended Action: Approval
Submitting Department/Agency: Fire Department
City City Manager: Q:& " % V % JttNI <
I
AN ORDINANCE TO ACCEP- AND APPROPRIATE
2 $1,000,000 FROM THE FEDERAL EMERGENCY
3 MANAGEMENT AGENCY TO THE FIRE
S DEPARTMENT'S FY 2005-06 OPERATING BUDGET
5 FOR A SECOND DEPLOYMEN= RELATED TO
6 HURRICANE KA:PINA
7
8 WHEREAS, the Federal Emergency Management Agency (FEMA)
9 issued a second alert order fo•r members of the FEMA V_rc_n_a
10 Task Force 2 Urban Search and Rescue Team for deployment related
11 to Hurricane Katrina and has approved $1,00c,000 _n
12 reimbursement costs for expenses related to the second
13 deployment for Hurricane Katrina.
19 NOW, THEREFORE, BE IT ORDAINED BY TFFE COUNCIL OF THE C_-7Y
15 OF `TIRGINIA BEACH, VIRGINIA:
16 'hat $1,000,000 in federal funds is hereby accepted from
1? the Federal Emergency Management Agency and appropriated to the
18 Fire Department's FY 2005-06 Operating Budcet, for costs
19 associated with the second deployment of Tembers of the V_ro=nia
20 Task Force 2 Urban Search and Rescue Team, w-t'',i federal revenue
21 ircreased accordingly.
22 Accepted by the Council of the Ci_y of Virginia Beach,
23 Virginia on the day of , 2005.
Approved as to Content Approved as to Legal
Sufficiency
i
Manaq .•er. Services City Attorney' Office
CA9-90
H.`•PA\GG\OrdRes\FEMA Hurricane Katrina Ord (2,
October 27, 2005
R-2
Virginia Beach Fire Department
Ann Mark Piland
Special Operations, Municipal Center
2408 Courthouse Drive, Building #21
Virginia Beach, VA 23456-9065
Re EMW-2003-CA-0111 - M017
Dear Mr Piland-
U S Department of Homeland Security
500 C Street, SW
Washington, DC 20472
6
F E M A
SEP 3 0 2005
Enclosed are two copies of Amendment M017 issued against Cooperative Agreement
EMW-2003-CA-0I I in the amount of $1,056,000 00 for review and signature If,
acceptable, please sign two (2) copies of the award amendment document and send one
copy, as soon as possible, to the following address
Department of Homeland Security
FEMA
Grants Management Branch
500 C Street, S W , Room 334
Washington, D C. 20472
Attention: Sylvia A Carroll
The second copy is yours to retain as your fully executed copy
Please feel free to contact me at (202) 646-3503, if you have any questions
Enclosures
Sincerely,
Sylvia A Carroll
Grants Management Specialist
www fema.gov
FEDERAL EMERGENCY MANAGEMENT AGENCY
ASSISTANCE AWARD/AMENDMENT
1 ASSISTANCE INSTRUMENT
2 TYPE OF ACTION
LJ COOPERATIVE AGREEMENT ❑ GRANT
❑ AWARD ❑x AMENDMENT
3 INSTRUMENT NUMBER
4 AMENDMENT NUMBER
5 EFFECTIVE DATE6 CONTROL NUMBER
EY,W-200?-CA-0111
F017
See Block 2. NN00501Y2005T
7 RECIPIENT NAME ANDADDRESS
R ISSUIN /ADMINISTRATION OFFICE
Virginia Beach Fire Departmert
Federal Emergency Management Agency
Attn Vance Cooper
Financial & Acquisition management Div
Viriginia Task Force 2
Grants Maragenert Branch
513 V_kinq Drive
500 C Street, S W , Room 350
Suite 9
Washington DC 20472
Virginia Beach VA 23452-7322
Specialist Sylvia A Carroll 202-646-3503
9 RECIPIENT PROJECT MANAGER
10 FIE NA PROJECT OFFICER
Vance Cooper 757-431-4160
Wnnda Casey, 2C2-646-4013
11 ASSISTANCE ARRANGEMENT
12 PAYMENT METHOD
13 PAYMENT OFFICE
❑x COST REIMBURSEMENT
X❑ TREASURY CHECK
Federal Eargercy Management Agency
❑ COST SHARING
REIMBURSEMENT
Acco=tinq Services Division
Di ab,reerent a Receivables Bra-ch
❑ FIXED PRICE
❑ ADVANCE CHECK
500 C Street, S W , Room 723
❑ OTHER
❑ LETTER OF CREDIT
Washington DC 2C472
14 ASSISTANCE AMOUNT
15 ACCOUNTING&APPROPRI TION DATA
PREVIOUSAMOUNT $5,520,877 53
See Co nt inuat•or Page
$1,056,000 00
-
AMOUNT THIS ACTION
$6,576,877 53
TOTAL AMOUNT
le VtbUKIr I SUN Ur YKUJCUI
This anendnent, M017, provides funding support to the Hurricane Katrina Recovery Effort
The total anon-t obligated under this agrserent is hereby increased by $1,056,000 00 from $5,520,077 53
to $6,516,877 53
Al' other terms and condltiors remain in effect CFDA reference is 97 025
END OF AMENDMENT MO17
RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK B
RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT
Richard W 6codnan
Ass,stance Officer
APR 43
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT
NO SUPPLIES/SERVICES PRICE
1 1 00 $1,056,000.00 $1,056,000.00
US&R Task Force Deployed to Louisiana
in support o
FUNDING/REQ NO. 1 S1,056,000 00 NN0038IY2005T
GRAND TOTAL --- $1,056,C00.00
ACCOUNTING AND APPROPRIATION DATA.
ACRN APPROPRIATION REQUISITION NUMBER AMOUNT
1 2005-06-1603DR-9064--4101-D NNO058IY2005T P $1,056,000 00
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $336,000 from the Federal Emergency
Management Agency to the Fire Department's FY 2005-06 Operating Budget for
a Deployment Related to Hurricane Rita
MEETING DATE: November 8, 2005
■ Background:
The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, FEMA
Urban Search and Rescue Team ("VA-TF2") The Fire Department serves as the
administrator of VA-TF2 VA-TF2 was activated on September 21, 2005, to travel to the
state of Texas in anticipation of needed search and rescue assistance with the
approach of Hurricane Rita Hurricane Rita eventually turned in a more northerly
direction and VA-TF2's capabilities were not needed in Texas Upon release from
Texas on September 25, 2005, VA-TF2 was immediately reactivated to the greater New
Orleans area to continue recovery efforts in that region of the country in the wake of
Hurricane Katrina VA-TF2 demobilized on September 30, 2005, and returned home
Upon activation and deployment, the Federal Emergency Management Agency
("FEMA") provides funding to reimburse participants for equipment, supplies and
overtime supporting this event
■ Considerations:
As the sponsoring agency, the City of Virginia Beach is responsible for administrative
and fiscal management of the team and its assets Consistent with previous
deployments, FEMA had authorized the reimbursement of all eligible expenses related
to activation, mobilization, deployment and demobilization of VA-TF2
■ Public Information:
Public Information will be handled through the normal Council agenda process
■ Recommendations:
Accept and appropriate $336,000 to cover expenses of VA-TF2 for Hurricane Rita
deployment
■ Attachments: Ordinance
FEMA Assistance Award Documents (2)
Recommended Action: Approval
Submitting Department/Agency: Fire Department pvi&
City Manager: , 6-Q Wt
U
0
n
1 AN ORDINANCE -'0 ACCEPT AND APPROPRIATE
2 $336,000 FROM' -HE FEDERAL EMERGENCY
3 "MANAGEMENT AGENCY TO THE FIRE
4 DEPARTMENT'S FY 2005-06 OPERA':ING BUDGET
5 FOR A DEPLOYMENT RELATE- TO HURRICANE
6 RITA
7 WHEREAS, the Federal Emergency Management Agency (FEMA)
8 issued an alert order for members of the FEMA. Virginia -ask
9 Force 2 Urban Search and Rescue Tear, for deployment related to
10 Hurricare Rita and has approved $336,000 in reimbursement costs
11 for expenses related to the Hurricane Pita deployment.
12 NOW, THEREFORE, BE IT ORDAINED BY 7.71E COUNCI-, OF THE CITY
13 OF VIRGINIA BEACH, VIRG-N=A:
14 That $336,000 in federal funds is hereby accepted frorr the
15 Federal Emergency Management Agency and appropriated to the Fire
16 Department's FY 2005-06 Operating Budcet, for costs associated
17 with the deployment of members of the Virginia Task Force 2
18 Urban Search and Rescue Tearr, with federal revenue ircreased
19 accordir.giy.
20 Accepted by the Council of the City of V_rgiria Beach,
21 Virginia or the day of , 2005.
Approved as to Content
M nager S rvices
Approved as to Legal
Sufficiency
r
City Attornev's Office
CA9789
H:\PA\GG\OrdRes\FEMA Hurricane Rita Ord ;2)
October 27, 2005
R-2
Virginia Beach Fire Department
Atm Mark Piland
Special Operations, Municipal Center
2408 Courthouse Drive, Building 421
Virginia Beach, VA 23456-9065
Re EMW-2003-CA-0111 - M018
Dear Mr Piland
US Depai tment of Homeland Security
500 C Street, SW
Washington, DC 20472
(� irrr�F
s FEMA
Gxo ss
Enclosed are two copies of Amendment M018 issued against Cooperative Agreement
EMW-2003-CA-0111 in the amount of $336,000 00 for review and signature If,
acceptable, please sign two (2) copies of the award amendment document and send one
copy, as soon as possible, to the following address
Department of Homeland Security
FEMA
Grants Management Branch
500 C Street, S W , Room 334
Washington, D C 20472
Attention Sylvia A Carroll
The second copy is yours to retain as your fully executed copy
Please feel free to contact me at (202) 646-3503, if you have any questions
Enclosures
Sincerely,
lC Sylvia A Carroll
Grants Management Specialist
W WW ferns gOV
FEDERAL EMERGENCY MANAGE MFNT AGENCY
ASSISTANCE AWARTTIAMFNTIMFNT
1 ASSISTANCE INSTRUMENT
2 TYPE OF ACTION
L^J COOPERATIVE AGREEMENT ❑ GRANT
❑ AWARD ❑ AMENDMENT
3 'NSTRUMENT NUMBER
4 AMENDMENT NUMBER
5 EFFECTIVE DATE
6 CONTROL NUMBER
LMW-2003-CA-01_1
NOTE
See D-cck 2:
N1400585Y2COST
7 RECIPIENT NAME AND ADDRESS
8 ISSUING/ADMINISTRATIONOFFICE
Virgtm a Reach Fire Department
Te de -al Emergercy Hanagemert Agency
ALtn Vance Cooper
F'inarclal 6 Acguisit-on Management Div
V:egania Task Force 2
Grants Maragement Branch
513 Viking Drive
5C O C Street, S W , Room 350
Saate 9
Wash-rgton DO 20412
Virg:n'-a Beach VA 23452-7322
Spedallst Sy;via A Carrell 202-646-3533
9 RECIPIENT PROJECT MANAGER
10 FEW PROJECT OFFICER
Varce Cooper 757-431-4160
�13
We rda Casey, 202-646-4013
1' ASSISTANCE ARRANGEMENT
12 PAYMENT METHOD PAYMENTOFFICE
Q COST REIMBURSEMENT
x❑ TREASURY CHECK Federal Emergency Maiagement Agency
❑ COST SHARING
REIMBURSEMENT I Accounting Services Divie:cn
❑ FIXED PRICE
Disbursement 6 ?eceivables Branch
❑ ADVANCE
OTHER
CHECK 50C C Street, S w , anom'23
❑ LETTER OF CREDIT aaahington D' 20472
14 ASSISTANCE AMOUNT
15 ACCOUNTING & APPROPRIATION DATA
PREVIOUSAMOUNT $6,516,517 53
See Ccntinua[ior Page
AMOUNT THIS ACTION $336,0CC 30
56,9_2,677 53
TOTAL AMOUNT
15 DESCRIPTION OF PROJECT
This arerdment, MO'S, provides fundirg support to Hurricane Rita Recovery Effort
The total amount obligated ander this agreement 13 ^ereby increased by $336,000 00 fron $6,576,E77 53
to $6,912,971 53
All other _errs and corditions rems-n in effect CFCA reference is 97 D25
END OF AMENDMENT MD-9
17 RECIPIENT REQUIREMENT
L_I RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) CCPIES OF TFIS DOCUMENT TO THE ISSUING/ADMIN OFFICE N BLOCK 8
❑ RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT
18 RECIPIENT (Type name and We) 119 ASSiSTANCE OFFICER (Type name and ti0e)
Pacrard w l000nan
Ass_starce Officer
APR 95 7 / REPLACES EDITION OF JUL
V
CONTINUATION PAGE
A.1 PRICE/COST SCHEDULE
ITEM DESCRIPTION OF QTY UNIT UNIT
NO. SUPPLIES/SERVICES PRICE
1 1 00 $336,000.00
Funding for US&R Task Forces and IST
Members that
FUNDING/REQ NO• 1• $336,000.00 NNO0585Y2005T
AMOUNT
$336,000.00
GRAND TOTAL --- $336,000 00
ACCCUNTING AND APPROPRIATION DATA
ACRN APPROPRIATION REQUISITION NUMBER
1 2005-06-1606DR-9064--4101-D NNC0585Y2005T P
AMOUNT
$336,000.00
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $175,455 from Various Developments
to Capital Improvement Program Project #4-970, Park Playground Renovations,
for Playground Improvements
MEETING DATE: November 8, 2005
■ Background: The Athens Boulevard (4 5 acres), Madison Crossing (4 acres),
London Bridge Crossing (5 17 acres) and Saginaw Estates (5 8 acres)
subdivisions are relatively small, infill residential subdivisions that are not large
enough to necessitate large park dedications City Council adopted a policy in
1995 for Cash Payments in Lieu of Park Reservation, which permits payments of
cash in lieu of dedications of generally less than one acre The amount of the
required cash payment is based on the assessed value of the land per acre
multiplied by the dedication requirement
■ Considerations: The representatives of the Athens Boulevard, Madison
Crossing, London Bridge Crossing and Saginaw Estates subdivisions have
agreed to Cash Payments in Lieu of Park Reservations in accordance with the
City Council Policy The amount of each payment is based on the dedication
requirement for each subdivision multiplied by the assessed value of per acre as
shown on the table below
Subdivision Name
Dedication Requirement
Assessed Value Cash In Lieu of
per Subdivision
Per Acre I Park Reservation
Ordinance
Pa ment
Athens Boulevard
225 acres
1 $311,111 $70,000
London Bridge
24 acres
$118,533 $28,448
Crossing
Madison Crossing
24 acres
$121,878 $29,250
Saclinaw Estates
35 acres
$136,448 $47,757
Total Cash In Lieu of Park Reservations to CIP# 4-970 Park Playground
$175,455 00
Renovations
The payments will be appropriated to Capital Improvement Program Project # 4-
970, Park Playground Renovations, to provide City park playground
improvements to parks in the vicinity of the above -mentioned subdivisions
■ Public Information: Public Information will be handled through the normal City
Council Agenda Process In addition, the subdivision plans for the proposed
development were processed through the administrative procedures of the
Department of Planning, Development Services Center, and the Department of
Planning The files for these subdivision plans are accessible for public review
■ Alternatives: Three options exist for addressing recreational open space
requirements land dedication, land reservation, or Cash -Payment -in -Lieu -of -
Park -Reservation Council may require the developers of these subdivisions to
reserve recreational open space instead of making the cash payment This could
be appropriate, as small portions of the London Bridge Crossing and Madison
Crossing subdivisions fall in the APZ I and APZ II respectively Requiring the
developers to reserve recreational open space would reduce the number of lots
allowable in the developments
■ Recommendations: Accept and appropriate the Cash Payments in Lieu of Park
Reservation payments to Capital Improvement Program Project # 4-970, Park
Playground Renovations, for the purpose of providing park playground
improvements in the vicinity of the specified subdivisions
■ Attachments: Ordinance
Description of subdivisions
Recommended Action: Approval /�/ -
Submitting Department/Agency: Department of Parks and Recreation (�/F/
City Manager: S i _ - "�-q 6JO,
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $175,455 FROM VARIOUS DEVELOPMENTS TO CAPITAL
3 IMPROVEMENT PROGRAM PROJEC= #4-970, PARK
4 PLAYGROUND RENOVATIONS, =OR PLAYGROUND
5 IMPROVEMENTS
6
7 WHEREAS, in accordance with the City Cour.cii Policy for Cash-
8 Payment in Lieu of Park Reservation, the City will receive $70,000
9 for t'ne Athens Boulevard subdivision, $28,448 for the Lo^don 3ridge
10 Crossing subdivision, $29,250 for the Madison Crossing subd_vision,
11 and $47, 75 1 for the Saginaw Estates subdivision, for play'grour.d
12 improvements in the vicinity of t'nese developments.
13 NOW, THEREFCRE, BE IT ORDAINED BY :HE COUNC-L OF THE C=-Y OF
14 VIRG7NIA BEACH, VIRGINTTA:
15
16 T''nat $175,455 is hereby accepted from various developers and
17 appropriated to Capita-' Improvement Project #4-970, Park Playground
18 Renovations, for playground improveme-Its in the vicinity of the
19 proposed subdivisions, with revenue from ;oval sources increased
20 accordingly in the FY 2005-06 Capital Improvement Budget.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the day of , 2005.
Requires an affirmative vote by a maior_ty of the members of
the City Council.
APPROVED AS TO CONTEN=
anN�l agen7 nt tervices
APPROVED AS TO LEGAL
SUFcICIENCY
City Attorney's; ffrce
CA919'_
H:`,PA\GG\OrdRes\Park Playground Renovations Ord
October 28, 2005
R-3
2005 Cash -In -Lieu -Of -Park Reservation Payments
Department of Parks and Recreation — Appropriation to CIP 4-970 Park Playground
Renovations
Subdivision Name Athens Boulevard
Subdivision Location- Athens Boulevard
Developer Athens Blvd , L L C
Site size 4 5 acres
Zoning R-7 5
Number of lots 15
Park dedication requirement 225 acres
Assessed value per acre $311,111
Payment amount* $70,000
at Beaufort Avenue (Chesapeake Beach area)
Subdivision Name London Bridge Crossing
Subdivision Location West side of London Bridge Blvd ,'/. south of Potters Road
Developer Bishard Development, Inc
Site size 5 17 acres
Zoning R-5d
Number of lots 21 lots
Park dedication requirement 24 acres
Assessed value per acre $118,583
Payment amount $28,448
Subdivision Name Madison Crossing
Subdivision Location Northwest side of Dam Neck
Developer Birshard Development, Inc
Site size 4 acres
Zoning R-5d
Number of lots 24
Park dedication requirement 24 acres
Assessed value per acre $121,878
Payment amount $29,250
Road, '/< north of Rosemont Road
Subdivision Name Saginaw Estates
Subdivision Location Thompkins Lane off of Indian River Road (Newlight area)
Developer Tate Terrace Realty Investment, Inc
Site size 5 8 acres
Zoning; R-5d
Number of lots 27
Park dedication requirement 35 acres
Assessed value per acre $136,448
Payment amount $47,757
C ity C ounica Poficy
Title Cash Payment in Lieu of Park Reservation Index Number 3 01
Date of Adoption Date of Revision Page 1 of 2
1 0 Purpose and Need for Policies and Procedures
Section 4 5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire
neighborhood parks and open space in developing areas Section 4 5 is also a tool for acquiring sensitive
environmental land It requires the developer to reserve a parcel of land for open space and recreational
purposes according to a formula based on lot size The City has the option of purchasing this reserved land
within five years at current market value The following alternatives to reservation are currently available in the
Subdivision Ordinance
Dedication- Dedication of land at no cost to the City Dedication is one-half of reservation requirement
specified in the Subdivision Ordinance
Other Arrangements* Other mutually agreeable arrangements approved by City Council which could include
a cash payment
Homeowners' Association Establish a homeowners' association which would own the property and would
constitute an equivalent recreational amenity
As noted, Section 4 5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations
Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less
than one acre) or due to an analysis of existing open space/recreation amenities in relation to standards based
on population, it is determined that additional land is not needed This policy is needed to clarify the process
and value for determining cash payments to ensure a consistent and equitable approach for cash payments.
This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current
subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the
cash payments are to be designated for improvements within the planning area of the developing subdivision
2.0 Policy
Cash payments are recommended as an acceptable alternative to dedication of open space area when the
dedication requirement is such that the resulting park space would not be a useful amenity based on statistical
criteria and standards used for acquisition of park space (generally less than one acrel All cash in lieu of
payments are to be determined by the City Real Estate Assessor and based on the dedication requirement
multiplied by the assessed land value In the case where a property has a current land value and market value
due to land use taxation for qualifying farm and reforested property, the market value will be used to determine
the cash payment Cash payments -will be due upon approval by City Council unless other arrangements are
approved by City Council
3 0 Procedure to Accomplish Policy
Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the
Planning Department Parks and Recreation reviews all subdivision plans required to meet Section 4 5 of the
Subdivision Ordinance The procedures and oolicies are in place to determine the reservation or dedication
requirement The assessed value of properties is determined by the City Assessor's Office
t 4 0 Responsibility and Authority
The Director of Parks and Recreation shall be responsible for coordinating the review process forcash payments.
Representatives from the Department of Parks and Recreation, Public Works/Real Estate, City Assessor's Office,
Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City
Assessor's Office will determine the assessed land value The Director of Parks and Recreation will review the
proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of
conformity/compliance with the Plan.
5 0 Definitions
Dedication Requirement: Defined in Section 4 5 of the Subdivision Ordinance. The dedication requirement is
one half of the reservation requirement
Assessed Value: Current monetary value of the property as determined by the City Assessor's Office.
6 0 Specific Requirements
All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision
Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and
agreement from the developer A cash in lieu of form and agreement will be used in this process (see attached).
These items are to be included in the Agenda Request for approval of the cash payment.
Approved as
to Content::
Director/Administrator
Approved as
to Legal Sufficiency:
City Attorney Ir
Reviewed by IN gfrrt
C y nager
APPROVED BY
CITY COUNCIL.
Mayo
0?1.719s
Date
Dite
Date
a/a�19�
Date
K PLANNING
Application of K & SONS, INC. tot the Modification of the Indian Lake-, Land Use Plan to
a11ow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes
Boulevard(Defeired byCnyCounul(in Octobei II 2005) (DISTRICT 2-KENIPSVILLE)
RECOMMENDATION:
DENIAL
2 Applications of NORTH LANDING RIVER ASSOC] ATES, L.L.C. re 161 Princess Anne
Road (DISTRICT 7 - PRINCESS ANNE)
a Modification of Conditions for a Conditional Use Permit (approved by City Council
on Novembei 8. 1971)
h Variance to Section 5B of the Site Plan Ordinance. Flootlplain Regulations
RECOMMENDATION:
APPROVAL
3 Application of STEVEN W. SIVIPSON'and BARRY D. KNIGHT for a Conditional
Use Permit re alternative residential development at 2000 ,Munden Point Road
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4 ,Application of PRINCESS ANNE PROPERTIES. INC. fora Conditional Use Permit foi a
car wash at 3397 Virginia Beach Boulevard (DISTRICT 3 - ROSE HALL)
RECOMMENDA PION:
APPROVAL
5 Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum
lot width in the B-3A Pemhioke Central Business Core District re the Performing Arts
Centei development
RECOMMENDATION:
APPROVAL
Lei11 Eli 41r72"101.1q14:11_f iliL
Virg,n,a Be a- r C I I y Co'r'c II w'II 'neet I^ Ine C'iaq'bvi a' Clip
Ha.. Mwi opal Cer'er 2401 . o.I^I•c ',e D'Ic:. Tuesday.
November 8, 2005. at 6 00 p in 1 o -'..,- r:zt•.:ll:.a
t a"s a'r he -ear -
DISTRICT 7 - PRINCESS ANNE
Sle.er K` S, upco' P Barry D Kr g'' Anol call-i Cond
Kona' Use P9rm7 or ve 'es.oert doeeel6fewe
2000 Mu-oer Po r' Road iGP'N 2308808433000C•'.
Non', Lary-p RI••er As�cr Iates L L C Apphcal•or Modlh
cation of Cund lions 'or a Corchhoral r'sP app•oved
br Cay tin rnl o'� Noeerd,er 8 1971 at 16: Prl': use Anne
Road(GPIN 23' 74127330000'
Nart^ La"c -Ig R ver ASSOCiares L L C App icat'Or Van
ance to Section 5B of 'he S to P:a^ Ondlnance. Foot]
Plain Regmahons a' 16' 'nncess A -tee Foa;o r�PIN
23174127c3c000'
DISTRICT 3 - ROSE HALL
P I%ess Awn- P-,pel,5 'rlc Apo ca'Ic'. C_,nd halal Us,�
Permit I-, i cr was- a' 3397 V.Q;IiI3 Beach Bnii-evard
IUPI'J 13a7970636000C-I
CITY OF VIRGINIA BEACH
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CLERK'S OFFICE at 427-4303 Hearing impaired, Tali
Virginia Relay at 1-800-828.1120
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Item V-K.4.
PLANNING
ITEM # 54504
Upon motion by Vice Hator Jones, seconded by Council Ladv Wilson, Car Council DEFERRED
INDEFINITELY art Ordinance upon application of K & SONS. Inc for Hodificauon to the Indian Lakes
Land Use Plan to allow a gasoline slate n in conlune nun ttah a a onvenience store
ORDINANCE UPON 4PPLIC'4TION OF A & SOAS I.VC FOR THE
HODIFIC4TIOA OF THE INDIAN LAKLS L4VD UbE PLAN TO
ALLOW G4SOLINE S4LE5 IN CO•%VU•VCTIO:V WITH 4
CONVENIENCE STORE
Ordinance upon 4pplication of K & Sons, Inc for the Alodi ication of
the Indian Lakes Land Use Plan to allow go solute odes or t oiyunetion
itah a cant entente stot e oil property located at 1196Indian Lakes
Boulevard (GPI Vs 14658968560000, part (J 14658958850000) The
Comprehensive Plan designates this sae as being part of the Primary
Residential Area suitable for appioptiatelr located suburban
i esideraial and non-u esidential uses consistent with the polo ies of the
Compiehensi e Plan Tlir purpose of this nindtrcatiott to the land use
plan is to develop the site for gasoline sales in conjunction with a
t ontentence store DISTRICT 2 — KEAIPSVILLE
Voting 11-0 (By Consent)
Courted Wembers Voting Ave
Harry E Diezel, Robert M Dyer, Vice Mayor Louts R Jones, Reba
S Vic Clarion, Richard A tladdoz, flavor Wevera E Oberndorf Jim
Reeve, Peter W' Schmidt, Ron A Villanueva, Rosernat-t Wilson and
James L Wood
Council itlembers Voting •Vat
,None
CouncilHenbeis Ahsent
None
October 11, 2005
Looking North
r
(P.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: K & Sons, Inc. — Modification of the Land Use Plan
MEETING DATE: November 8, 2005
■ Background:
An Ordinance upon Application of K & Sons, Inc for the Modification of the
Indian Lakes Land Use Plan to allow gasoline sales in conjunction with a
convenience store on property located at 1196 Indian Lakes Boulevard
(GPINs 14658968560000, part of 14658958850000) 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 The purpose of
this modification to the land use plan is to develop the site for gasoline sales
in conjunction with a convenience store DISTRICT 2 — KEMPSVILLE
This application was deferred at the request of the applicant by City
Council on October 11th. No changes have been made to the proposal.
■ Considerations:
The applicant is proposing a modification of the Land Use Plan to allow for
fuel sales on property designated as "neighborhood commercial " A 97- foot
by 24- foot fuel canopy is proposed parallel to Indian Lakes Boulevard and it
will be 22 feet high There is an existing convenience store and personal
service business on the property in a single 3,024 square foot budding The
site plan depicts additional property incorporated into the site for a total of
30,341 square feet The existing dumpster is proposed to be relocated to a
less conspicuous part of the site Streetscape landscaping is proposed along
both Indian Lakes Boulevard and Pleasant Valley Road Two similar requests
for the addition of fuel sales to this property were both denied by City Council
in 1985 and again in 1987 The latter request was for a 24 by 24 foot canopy
and fuel island
The proposal is not in conformance with the Comprehensive Plan's
recommendations for this area nor is it compatible with the adjacent
residential neighborhood The Plan calls for established neighborhoods to be
protected against invasive land uses that due to their activity would tend to
destabilize them The addition of the fuel pumps would increase the intensity
of the existing commercial use in an area designated primarily as residential
The Indian Lakes Land Use Plan identifies this site as commercial use but not
K & Sons, Inc
Page 2of2
as a service station Commercial areas are intended to provide residents of
the immediate area with low intensity goods and services Unfortunately, this
proposed increase in intensity could result in negative impacts for the
residential area by increased traffic generation, noise and bright lights Uses
such as fuel sales are more appropriately located in commercial corridors or
on the fringes of neighborhoods and only when effective protective measures
are in place to protect surrounding properties Where commercial uses are
adjacent to residential uses, the preference is for higher density residential
adjacent to lower intensity commercial The mix of more intense commercial
adjacent to residential does not follow sound planning practices
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 5-4 to deny
this request
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial Planning ,Commission recommends denial
Submitting Department/Agency: Planning Department `J�a
k �°�
City Manager: ,
K & SONS, INC.
Agenda Item # 15 1.,q
September 14, 2005 Public Hearing
Staff Planner Carolyn A K Smith
REQUEST
Modification of the Land Use Plan to allow for fuel
sales on property designated as "neighborhood
commercial' on property currently zoned PD-1-11
ADDRESS / DESCRIPTION: Property located at 1196 Indian Lakes Boulevard
GPIN: COUNCIL ELECTION DISTRICT SITE SIZE
14658968560000, 2 — KEMPSVILLE 30,341 square feet
portion of
14658958850000
SUMMARY OF REQUEST
The applicant is proposing a modification of the Land Use Plan to allow for fuel sales on property
designated as "neighborhood commercial' on property currently zoned PD-1-11 The proposed 97 foot by
24 foot fuel canopy is proposed parallel to Indian Lakes Boulevard and will be 22 feet high There is an
existing convenience store and personal service business on the property in a single 3,024 square foot
building The site plan depicts additional property incorporated into the site for a total of 30.341 square
feet Several of the required parking spaces are depicted immediately adjacent to a proposed
ingress/egress easement As cars within these spaces would be forced to back out into this easement,
they must be either relocated or the property line adjusted to accommodate them The existing dumpster
is proposed to be relocated to a less conspicuous part of the site Streetscape landscaping is proposed
along both Indian Lakes Boulevard and Pleasant Valley Road
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is a small retail operation (convenience store and nail salon) on the property
K & SONS, INC.
Agenda Item # 15
Page 1
SURROUNDING LAND North . Grassed area, Indian Lakes Boulevard / PDH-1
USE AND ZONING: South . Pleasant Valley Road, single family dwellings / PDH-1
East 0 Daycare facility / PDH-1
West a Intersection of Pleasant Valley Road and Indian Lake
Boulevard, open space / PDH-1
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed There are no
CULTURAL FEATURES: significant environmental features on the site as it is developed as a
retail operation
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian
Lakes Boulevard in the vicinity of the property is a 100 foot, four lane divided, collector road, as shown
on the MTP Improvements are not anticipated for this roadway within the next five (5) years
TRAFFIC:
Street Name Present Present Capacity Generated Traffic
Volume
Indian Lakes 8,273 ADT 13,100 ADT (Level of Existing Land Use —
Boulevard Service "C"1 — 20,700 ADT 2,114 ADT
(Level of Service D°") Proposed Land Use 3-
3,293 ADT
'Average Daily Tnps
'as defined by retail operation with convenience store
as defined by addition of fuel pumps
WATER & SEWER: This site has an existing water meter that maybe used or upgraded The site is already
connected to City water and sewer
The Comprehensive Plan recognizes this area as being within
COMPREHENSIVE PLAN
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
K & SONS, INC.
Agenda Item # 15
Page 2
"Generally, in large suburban settings often characterized by many single use' zoning districts, land use
compatibility is achieved through the process of orienting similar or, at the very least, not incompatible
land uses and densities next to one another While landscaped buffers, attractive site planning, quality
architecture and other techniques are sometimes the only option to help mitigate the impacts of adjacent
and incompatible land uses, it is the city's position that good architectural and site designs are not
acceptable substitutes for good land use planning We must focus on applying sound land use planning
practices first, then address design considerations As one travels outside the stable, low density, single-
family neighborhoods, there should evolve a coherent pattern of development depicting gradual increases
in residential densities and the introduction of neighborhood -serving commercial uses Where residential
and commercial uses adjoin one another, the preferred land use relationship should reflect higher density
residential and lower intensity commercial uses " Page 90
Staff recommends denial of this EVALUATION AND RECOMMENDATION
application Two (2) similar
requests for the addition of fuel sales to this property were both denied by City Council in 1985 and again
in 1987 The latter request was for a 24 by 24 foot canopy and fuel island
The proposal is not in conformance with the Comprehensive Plan's recommendations for this area nor is
it compatible with the adjacent residential neighborhood The Plan calls for established neighborhoods to
be protected against invasive land uses that due to their activity would tend to destabilize them The
addition of the fuel pumps would increase the intensity of the existing commercial use in an area
designated primarily as residential The Indian Lakes Land Use Plan identifies this site as commercial
use but not as a service station Commercial areas are intended to provide residents of the immediate
area with low intensity goods and services Unfortunately, this proposed increase in intensity could result
in negative impacts for the residential area by increased traffic generation, noise and bright lights Uses
such as fuel sales are more appropriately located in commercial corridors or on the fringes of
neighborhoods and only when effective protective measures are in place to protect surrounding
properties Where commercial uses are adjacent to residential uses, the preference is for higher density
residential adjacent to lower intensity commercial The mix of more intense commercial adjacent to
residential does not follow sound planning practices Therefore, Staff cannot recommend favorably for
this request
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA) The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,'
(§107(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
K & SONS, MC.
Agenda Item # 15
Page 3
PROFFER 1
When the property is redeveloped, in order to achieve a more coordinated design and development on the
site in terms of vehicular access, parking and landscape buffering, the "K & Son's Inc Gas and Pump
Addition and Revitalization Plan," dated 3/1/2003 revised 5/2/2005, prepared by The Spectra Group, Inc ,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Revitalization Plan") shall be substantially adhered to
PROFFER 2.
When the property is redeveloped, three (3) gasoline pumps shall be added as depicted on the
Revitalization Plan and the architectural design, materials and colors of the canopy will be substantially as
depicted on the exhibit entitled " LUKOIL — Pleasant Valley, " prepared by Pro Signs, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
("Canopy Elevation")
PROFFER 3:
When the property is redeveloped, the existing freestanding sign shall be replaced with a monument style
freestanding sign no greater than eight feet (8) in height with a base of split face block matching that on the
building The existing dumpster shall also be relocated and screened as depicted on the Revitalization Plan
PROFFER 4
When the property is redeveloped, the existing entrances on to the Property from Indian Lake Boulevard
shall be consolidated and relocated as depicted on the Revitalization Plan All lighting on the site shall be
consistent with those standards recommend by the Illumination Engineering Society of North American
(IESNA) A photometric lighting plan indicating the number and types of lighting will be submitted as party of
the formal site plan submission for review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices lighting shall be installed and
operated as shown on the approved plan All lighting shall be directed inward and downward within the site
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements
STAFF COMMENTS: The proffers are not acceptable to staff for the reasons stated above
The City Attorney's Office has reviewed the proffer agreement dated May 31, 2005, and found it to be legally
sufficient and in acceptable legal form
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
K & SONS, INC.
Agenda Item # 15
Page 4
INDIAN LAKES BLVD.
(PROP 100' R/V)
PROPOSED SITE PLAN
K & SONS, INC.
Agenda Item # 15
Page 6
Y
_- - ._ _-_ - -- p!
jg, - IY�IY�
W Y•��1.f �1P
PROPOSED CANOPY ELEVATION
K & SONS, INC.
Agenda Item # 15
Page 7
I
D-9
t' C" �
PD-HI c
1 01/05/87
CONDITIONAL USE PERMIT fuel sales
Denied
2 03/18/85
AMENDMENT TO THE LAND USE PLAN
Denied
3 09/10/84
AMENDMENT TO THE LAND USE PLAN
Denied I
4 01/11/82
CHANGE OF ZONING (PD-H to PD-H1)
Granted
ZONING HISTORY
K & SONS, tNC.
Agenda Item # 15
Page 8
0
DISCLOSURE STATEMENT
APAkAw aismosum
it the appNwnt Is a corporation, parNershlp, Mm, business, or other unincorporated
organhaftn complete the following:
1 List the applicant name followed by the names of all officers, members, tnntsee,
partners, etc below (Affsoh Bat Anecessary)
K & Son* Inc., Kahild Sacred, Prsldem/Secretary
2 List all buskteaass that have a parent-subaidlary' of affmated business enw
relationship with the oppArnt (Attach list A necesaary)
❑ Check here If the applicant is NOT a corporatlon, partnership, firm, busbress, or
other unincorporated orgy UzWn
PROPERTY OWNER DISCLOSURE
Complete this swodw mbffPoporty owner a dMwnwd hcm eppicant
If the property a mei is a corporation, partrmmhlp, firm, busirroes, or olhar
unincorporated otganfzatlon, complete the following
1 Llst the property owner name followsd by the name of ail officers, members,
trustees, pwtners, etc below (Attach list Mnecessery)
2 List all businesses that have a parent -subsidiary' or affillated business enhtyz
relationship with the applIM& Oftech list if necessary)
❑ Check here d the property owner Is NOT a corporation, partnership firm
business, or other unincorporated organization
8 2 See need pose for botnofee
MwnEvrr+bP Pin Appm
Pap 11 412
ftr airm
KA SONS, C.
Agenda It irrl. 15
1
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use Including but not limited to the providers of architectural
servloes, real estate services financial services, accounting services and legal
services (Attach list if necessary)
Sykes, Bourdon Ahem & Levy P C
The Spectra Group Inc
'Parent -subsidiary relationship' means 'a relationship that exists when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the
voting power of another corporation " See State and Local Government Conflict of
Interests Act, Va Code § 2 2-3101
"Affiliated business entity relationship" means a relationship other than
parent-subsldary relationship that exists when (1) one business entity has a
controlling ownership interest In the other business entity (a) a controlling owner In
one entity Is also a controlling owner In the other entity or (III) there is shared
management or control between the business entities Factors that should be
considered In determining the existence of an affiliated business entity relationship
Include that the same person or substantially the same person own or manage the two
entities there are common or commingled funds or assets, the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis, or there Is otherwise a close working relationship
between the entities' See State and Local Government Conflict of Interests Act, Va
Code § 2 2-3101
CERTIFICATION I certify that the Information contained herein Is true and accurate
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the nnst ctlons n this rckage
K & Sons, Inc
By k�Khand Saeetl President
AppRpm s Signature Print Name
Property Owners Signature ill different than applicant) Print Name
Nrmomra 1c PM %fir Appat.p
Pap. 12 of 12
rLxa.E 9r1/20nr
DISCLOSURE STATEM9NT
K & SONS, INC.
Agenda Item # 15
Page 10
Item #15
K & Sons, Inc
Modification of the Indian Lakes Land Use Plan
1196 Indian Lakes Boulevard
District 2
Kempsville
September 14, 2005
REGULAR
Joseph Strange The next item is Item #15, K & Sons, Inc An Ordinance upon
application of K & Sons, Inc for the Modification of the Indian Lakes Land Use Plan to
allow gasoline sales in conjunction with a convenience store on property located at l l96
Indian Lakes Boulevard, District 2, Kempsville with five proffers
Dorothy Wood Is there anyone here representing K & Sons'
Eddie Bourdon I apologize My good friend Ms Connors and I were having a nice chat
Alright Again, for the record, my name is Eddie Bourdon, a Virginia Beach attorney and
I'm representing the applicant First of all, and I apologize l intended to make copies
but the copy machine and I didn't get along real well early this morning l have a petition
and I actually would like to get this back so I can have copies made before this matter
goes to City Council It's a petition signed by 1,041 who come into my client's business
seeking your support and Council's support for this application for three gasoline pumps
on this site Again, I'll pass this around 1 do not have copies for everyone It is front
and back signatures Also, i understand that this is better than anything This is a request
that Mr Din had to see what the pumps look like These are what the proposed gas
Pumps look like Now, this is an application for a Modification to the Land Use Plan on
this property that is recommended for commercial It has been a convenience store for
many years My client, who has operated theie for approximately four years recently was
able to acquire the property, and the adjacent property He lives in the community He
operates his business in the community It's an older building lie didn't construct it He
didn't have anything to do with the original development of it I'm sure you all visited
the site and realize that it is a property that could use some upgrading It could use .some
investment That is what he wishes to do. At the same time, there is a considerable
amount of support, as I expressed, that he has been receiving from the neighborhood
There really aren't any gas facilities close by and I've driven around it is an area that
really isn't served by any real gas other than out on Indian Rn er Road Three pumps he
proposes to put in front of the site with an attractive canopy, brick columns He will
relocate the dumpstei, which is in pretty visible location, screen it away from the
residential It is now in this area along Pleasant Valley Road He is going to re -landscape
the site and eliminate the existing curb Lit here on Indian Lakes Boulevard so there will
be one entrance from Indian Likes and one from Pleasant Valley The main thing is the
landscaping and eliminating the dumpster here and putting it on this side and screenma it
There will be a significant upgrade on the property Theie is in existing Bien now, which
Item # 15
K & Sons, hi
Page 2
Is a pole sign and it is in bad shape and nun-confoiniing We're going to be elumnating
the sign We will be going with an attractive monument style sign This is a
neighborhood business that is there to support the residential and the people who live in
the residences I understand some of the reason foi the staffs opinion based on Getty Oil,
which developed the site many years ago attempted to gas appioved here There was a
member of the community, at that time whom was adamantly opposed to it, and
organized opposition within the community at that point before it was built, and that
individual is no longer living in this area My client has gone to the Community
Association and was told that we certainly don't oppose you At this point, I think it is
something that the community would like to see. It is something that will be an upgrade
on this piece of property There is residential across the street and across both stieets there
is open space common area between the backs of those houses and the roads themselves,
so there is some buffer We would ask that it be approved and that the conditions and
there are none and have been put lorth because it is a proffered plan because it is PD-H I
I think it is something the cone nunity would like to see We don't think limited scale
which is three pumps is going to present a problem with regard to nuisance
Dorothy Wood Eddie, I was happy to hear you say that they were upgrading the
building We didn't have that on our plans What are they going to do with the building
Eddie Bourdon I've misspoken He would like to be able to upgrade the building and
bought the land adjacent to it but he's got to pay foi it He needs the gas to help pay for
it He's got additional property that he is adding to it that will be able to be developed
when he is able to afford it It's my fault I nusstated He wants to be able to afford to
make upgrades over and above the ones that we have shown but he is not a big operation
like Wawa
Dorothy Wood 1 didn't see the upgrades That is what I was asking you
Eddie Bourdon The upgrades are the landscaping Once we can get that into the ground
and start producing the revenue so he can afford to get financing
Dorothy Wood I'm sorry 1 misunderstood I thought you said that he was going to
upgrade the building and improvements
Eddie Bourdon That is his desire to do that This is a way to
Dorothy Wood But not at this time
Eddie Bourdon He's has to able to afford to do it These costs that he is occurring,
eliminating the club cut and putting up a new sign, and doing landscaping, these ate also
costs but it's the first step in what he hopes to be a more comprehensive development and
iedevelopment of the property
Item #1 5
K & Sons, Inc
Page 3
Dorothy Wood Okav Thank you Ate there any questions for Eddie"
William Din Eddie, on your petition have you evaluated your petition to see how many
people actually live in this neighborhood orlust passing through'
Eddie Bourdon Well, I have not but my client has collected signatures over a long
period of time This is a neighborhood business if you've been to the site It is not a road
that garmshes a significant If you look at the addressed they're primary addresses of
houses in this area There is no doubt about that %lay there be out of the 1,041 some
people who don't reside in this particular neighborhood' I'm sure there are but the mass
majority of them are people who live in this neighborhood
William Dm Indian Lakes Boulelvard is a cut through from Providence Road down to
Farrell Parkway back and forth
Eddie Bout don It's a cut through for the residents of that area It is not a citywide type
of arterial highway I mean it is to people who live in that general community that are the
ones who are using that road
William Din But you really haven't analyzed to see how many live in this area' It is not
lust walk in traffic Correct
Eddie Bourdon I'm sorry
William Din Is it walk in traffic'
Eddie Bourdon They certainly have walk in traffic Certainly
Dorothy Wood This wasn't like, and 1 think Mr Din is saying that they didn't go door to
door in the neighborhood9
Eddie Bourdon No 1 apologize I misunderstood you No They did not go door to
door in the neighborhood He has talked to the Neighborhood Association and his
neighbors He Yves in the neighborhood. I'm not aware that he took the petition door to
door He may tell me that he did
William Din So you're saying that he approached the uvic leagues in this area and they
approved'
Eddie Bourdon This community that the facility is in, absolutely He met with them
William Din The Indian Lakes Civic League? Do you know what civic leaeue'
Item #15
K & Sons, Inc
Page 4
Eddie Bourdon The Indian Lakes Community Association is what I understand to be the
entity
William Dm They opposed no opposition to this"
Eddie Bourdon Correct In fact, they told him they would not oppose
William Dm 1 do think that it is an increase in the intensity of the use of this area I
agree with what staff has written up on this that it does provide an intensive use that is
highly a residential area That is why I'm concerned with how many of these residents
were actually on this petition
Eddie Bourdon Most of them have addresses listed there It's a community business and
my client tells me that he is active in the community He lives in the community He tells
me that the community supports what he is trying to do It's three gas pumps It's not a
Wawa, which is a great operation but were not talking about a large twelve pump
operation here Three pumps 1 pointed to a situation where there is a gas station on
South Lynnhaven at the entrance to Princess Anne Plaza that has been recently upgraded,
and pumps added It looks good It's right next to residential but is only a small
operation I think in that case tour pumps So, this area is underserved by gas when you
drive around and look there really isn't any I think that is the reason why there is a
significant amount of support for it I understand staff having a similar application
having been denied by City Council 15 years ago It's kind of ditficult for them to take
the position that they favor it when there has already been a Council action denying it
I'm not taking any vows with the staff but I think there has been an evolution of thought
in this particular community, and I can certainly understand why theie would be support
for it
Dorothy Wood Barry') Oh, I'm sorry
William Din 1 understand that the landscaping is a condition here Correct' The
landscaping around the site is going to come in
Eddie Bourdon Totally re -landscaped The dumpster moved and screened Sign
iemoved and replaced with a monument style sign We proffered the canopy elevation
with the brick columns They have shown you what it looked like
William Din The building itself is not going to be renovated" Not going to be painted
or anything You know, some improvements to it
Eddie Bourdon In terms of if you want to suggest that it be painted, 1 don't think my
client is adverse to that He would really like to do is be in a position within a few years
to be able to do basically a total redo on the building He is lu,t not in a position
financially to be able to afford to do that at this point If you want to suggest a condition
Item # 15
K & Sons, Inc
Page 5
that the building be repainted. I don't think he would be adversed to doing that He is not
m a position to do what he ultimately would like to do from a financial standpoint
William Din Do you know what neighborhood he lives in around here"
Eddie Bourdon He lives in Indian Lakes He lives in that nei-hborhood
Dorothy Wood Barry
Barry Knight I see down here where it says it is zoned for neighborhood commercial
There may be a technical set of criteria for neighborhood commercial that I kind of
wonder when the neighborhood if the biggest majoiity of the people who signed the
petition live in the neighborhood and they are for this type of commercial or this type of
gas pumps If they want it then maybe it meets the criteria of the neighborhood
commercial If you could, put the aerial up please' Eddie, can you show us There is a
buffer zone around the yellow line I believe that is all zoned the same zoning on there t
anticipate some time in the luture that will probably be developed as neighborhood
commercial It maybe a buffer zone if one is even needed between them and the
residents Then you go across the street and that looks like it is designated as open space
It looks like we may have a buffer zone with these gas pumps or with this convenience
store If we have all these 1,041, although I did note that one person on there objected so
maybe your down to I,040 but you do have some numbers on there It looks like the
neighborhood or the biggest majority that signed the petition I assume are from the
neighborhood are in favor of it I understand the staff's recommendation but I kind of
think it wouldn't be quite as intrusive as 1 first thought I guess that is lust my
observation
Eddie Bourdon You're correct This is all commercial designation This is open space
here and here along Indian Lakes Boulevard It's all residential There wouldn't be, and
it doesn't set a precedent for the leapfrog across the street
Dorothy Wood You know, we did talk this morning about our design awards and
making sure that this is a design that makes sure the building tits
Barry Knight That is why I'm kind of wondering if the gas pumps are approved and they
put a new style canopy in there, and once they dig up that parking lot then of course, that
is going to be totally asphalted I'm sure we wouldn't consider approving this unless we
did ask him to, at the very mtnimum paint the building Its kind of where I was going on
that I kind of think that it we left It as Is, It would be status quo, and if we maybe
approved it with d condition of two, it would maybe be an upgrade
Dorothy Wood Unless he spent his money now creating it and then comma back with
the pumps Jan y
Janice Anderson I have some concerns about putting gas at this site It is in a residential
Item # 1
K & Sons. Inc
Page 6
area And even though the petition has been signed That is one factor to look at and it is
an important factor but is not the whole basket that VOL] got a petition signed that they
want that and it should go I think it is important factor but if you look at other items
The concei n that I have is adding the canopy and three gas pumps I don't think it adds to
much of the site attractiveness I don't think it is a full improvement really in total It is a
definitely a more intense use You're going to have a lot more traffic in this area because
you're going to have gds pumps It is lust putting a drive thin on the cornet it attracts so
much more traffic than the facility that doesn't have a drive thru Gas pumps are going to
do the same You're going to have a lot more people stopping there then you do lust for
the convenience And, my other concern is that it is zoned right next to it the
neighborhood businesses, from my understanding is kind of like the 13-1 Neighborhood
zoning and if you put gas there. I think It would flow to the other parcel that had a more
intense use to other parcels rather then keeping them a neighborhood business Those are
my concerns
Dorothy Wood Ron
Ronald Ripley I'm kind of going on with what Barry said 1 do appreciate the intent to
keeping the neighborhood commercial It's not a mega coiner and a mega flow of traffic
going through here What would be important to me is to see some attention paid to this
building that is acceptable to the Planning Director, and perhaps if you looked at the
building from the neighborhood backs and sides, the foundation and landscaping around
there that would help mitigate that too I like the landscaping along Indian Lakes and
Pleasant Valley l think that is good and that is going to help a lot So, I would be
supportive of the application providing that some redevelopment would occur to this
building that would be acceptable to Mr Scott and his staff The parking lot is going to
get ripped up I assume the tanks are going in the ground where the asphalt is9 Am 1
correct'
Eddie Bourdon You are correct Mr Ripley
Ronald Ripley So you will have new asphalt and new canopy out there
Eddie Bourdon New parking lot We will are certainly willing to work with the
Planning Directoi and the Zoning Administrator We don't have a problem with a new
site plan putting down a foundation of landscaping and painting the building If there are
any other upgrades that might be suggested that would not be astronomical in cost, my
client, who is here, will be happy to try to incorporate that into it The idea is to upgrade
the site The surrounding conimeicial doesn't change with this
Dorothy Wood Eddie, they just won't be patching the asphalt They're totally going to
replace it
Item #1 i
K & Sons, Inc
Page 7
Eddie Bourdon 1 think that is what is going to have to happen given the improvements
He is also eliminating a curb cut They're putting a gutter along Indian Lakes Boulevard
That n another benefit of that There are two curb cuts there now and there will only be
one That is also an expense (here is going to be a lot of work done that will be a
positive natuie on this site
Dorothy Wood Gene
Eugene Crabtree 1 sort of go along with Barry and Ron I feel like that something
should be clone to the building but I don't think we need to look at past history because if
we look at past history then we're Just going to stay and stagnant and we're not looking at
future economic development, which we were talking about doing in the City If we
don't do something to upgrade pieces of property like this then it Just stays there the way
it rs It does nothing and we don't impiove anything Maybe this n the first step in
improving that particular maybe for economic development in there There is a lot of
wide-open space around It doesn't look like it is going to be intrusive on anybody and
theretoie if there were improvements to the building, and upgiade the site to make it look
a little bit better, I think I would be in favor of supporting this application
Dorothy Wood Joe
Joseph Strange I'm surprised because we don't have anybody here to speak in
opposition that I know of No one signed up It is kind of me, personally, maybe I
shouldn't speak personally but it is kind of funny that nobody has shown up with them
putting a gas station right in the middle of this development because that is exactly what
You're doing here Having said that and since there is no opposition, I do think if we're
going to approve this that we ought to extract something out of this as tar as the building
because as you can see it, nothing doesn't seem like anything has been done to this piece
of property in the last 15 yeais to upgrade it or put in any types of shrubs out or anything
else I mean, I think at the very least we need to extract something out of this if we're
going to approve to put gasoline
Doiothy Wood 1 agree with you I couldn't support it unless they were going to redo the
building
Eddie Bourdon If I could add, the site has actually been up for two months It was on
the agenda last month
Dorothy Wood Thanks Eddie
Eddie Bourdon We'ie willing to work with you
Dorothy Wood On the building" That IS what we're all asking foi
Item # 15
K & Sons, Inc
Page 8
Eddie Bourdon There isn't an ability financially to tear the building down and build a
new building Again, we're not dealing with a major oil company here This is a one
man, one family, mom and pop business and he's invested a lot of money just to buy it
He didn't create it He just recently puichased it He agrees with me He is trying to
upgrade the Site It's one of those deals where Rome wasn't built in a day He's not in a
position financially to be able tojust simply bulldoze what's there and start over again
Dorothy Wood Of course his spending doesn't ask him for something and this is what
we're asking for in return
Eddie Bourdon He's willing to do the landscaping He's willing to paint the building 1
don't know how you would begin to suggest how would you remodel the building° You
would have to tear it down
Dorothy Wood I have no idea Will
William Din Well, I don't think I'm talking about remodeling the building as a saving
grace For this I don't think I'm in favor of putting tuel pumps in this area This isin the
middle of a residential area It does and it will lead to other commercial uses into this
area, which I don't think needs to go into the middle of a iesidential area that this is in It
is a PD-H area It hasn't been developed because I think there is enough commercial on
the end of Indian Lakes Boulevard and to the Kempsville River area also, and also future
west toward Kempsville, and where Providence comes in And for that reason, 1 think
putting an intense use like this would lead to othei commercial building in this area,
which I don't believe is needed in the middle of a residential area The intensity of a gas
pump is, I think is going to destabilize this area to some degree The commercial aspect
of it, I don't believe is really needed in this area So, 1 will be voting against this
application I don't believe that even remodeling the building is going to quite do that
Dorothy Wood Mr Waller
John Waller 1 agree with Will I don't think putting gas pumps or anything you do that
to that building is going to help that site at all It's a nice piece of land Good location
It's the wrong building It's the wrong use for it I'm going to vote against it
William Din I would like to make a motion that we deny this application
John Waller I'll second the motion
AYE 5 NAY 4 ABS 1) ABSENT 2
ANDERSON AYE
CRABTREE NAY
DIN AYE
Item # 1
K & Son,,, Inc
Page 9
HORSLEY ABSENT
KASTIAS AYE
KNIGHT NAY
MILLER ABSENT
RIPLEY NAY
STRANGE AYE
WALLER NAY
WOOD AYE
Ed Weeden By a vote of 5-4, the Board has denied the application of K & Sons, Inc
In Reply Refer To Our File No DF-6204
TO Leslie L Lllley
FROM B. Kay Wllsor�
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE September 28, 2005
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application; K & Sons, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 11, 2005 1 have reviewed the subject proffer agreement, dated
May 31, 2005, and have determined it to be legally sufficient and in proper legal form A
copy of the agreement is attached
Please feel free to call me if you have any questions or wish to discuss this matter
further
BKW/ks
Enclosure
cc Kathleen Hassen
i
K &, SON'S, INC , a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CiTY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31s' day of May, 2005, by and between K &
SON'S, INC, a Virginia corporation, Grantor, and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee
WITNESSETH
WHEREAS, the Grantor is the owner of a two (2) parcels of property located
in the Kempsville District of the City of Virginia Beach, containing approximately
30,341 square feet of land which are more particularly described as Parcels 1 and
2 in Exhibit "A" attached hereto and incorporated herein by this reference Said
parcels are herein referred to as 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 modify the PDH-1 Land Use Plan with a B-2 Commercial
Designation applicable to the Property to permit the sale of gasoline, and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation, and
GPIN 1465-89-6856
1465-89-5885 (Part)
PREPARED B/
AIIER\ & Lt>'1'
I
PREPARED B-+
S1a" ltol'RL(:N
1tILPN & Ltl'tiPi
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
I area of the Property and at the same Lime to recognize the effects of change, and the i
need for various types of uses, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantor's
rezoning application gives rise, and
WHEREAS, Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed
modification to the PDH-1 Land Use Plan applicable to the Property in addition to
the regulations provided for the PDH-1 and B-2 Zoning Districts by the existing
overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part
of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning
NOW, THEREFORE, 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 Toro 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 Grantor, its successors, personal
representatives, assigns, grantee, and other successors in inLeiest or title
1 When the Property is redeveloped, in order to achieve a more
coordinated design and development on the site in terms of vehicular access,
parking and landscape buffering, the "K d, SON'S INC GAS AND PUMP
ADDITION AND REVITALIZATION PLAN", dated 3/1/2003 revised 5/2/2005.
prepared by The Spectra Group, Inc , which has been exhibited to the Virginia
2
i
PREPA�ED By
SYKL\ Rfi[ Pl)o\
AHFPN & LIVY PC
Beach City Council and is on file with the Virginia Beach Department of Planning
("Revitalization Plan") shall be substantially adhered to
2 When the Property is redeveloped, three (3) gasoline pumps shall be
added as depicted on the Revitalization Plan and the architectural design,
materials and colors of the canopy will be substantially as depicted on the exhibit
entitled "LUKOiL - Pleasant Valley," prepared by Pro Signs, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Canopy Elevation")
3 When the Property is redeveloped, the existing freestanding sign
shall be replaced with a monument style freestanding sign no greater than eight
feet (8) in height with a base of split face block matching that on the building
The existing dumpster shall also be relocated and screened as depicted on the
Revitalization Plan
4 When the Property is redeveloped, the existing entrances on to the
Property from Indian Lakes Boulevard shall be consolidated and relocated as
depicted on the Revitalization Plan All lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of
North America (IESNA) A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices
Lighting shall be installed and operated as shown on the approved plan All
lighting shall be directed inward and downward within the site
5 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 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
3
i or substantially revised Zoning Ordinance until specifically repealed The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by j
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
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, Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court, and
(4) The Zoning Map may shoe 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
PREPARED By public inspection in 1he office of the Zoning Administrator and in the Planning
SYW, Rid'RliiN
u[R\ R I El'y pi 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 Grantor and
the Grantee
PRE -APED B�
�SYKES Rnl'kDON
AJIMN R LEVY 1-1
5
WITNESS the following signature and seal
GRANTOR
K & Son's, Inc , a V 1inia corporation
By V— ___3 (SEAL)
Kh id Saeed, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before me this Is' day of June,
2005, by Khand Saeed, President, K & Son's, Inc , a Virginia corporation,
Grantor
My Commission Expires August 31, 2006
PREPARE BY
ul Il L:[,cN
M\ & ttl'Y 11,
Notar-v Pubhc
EXHIBIT "A"
PARCEL 1
ALL that certain lot, piece or parcel of land, together with the buildings and
improvements thereon, situate, and being in the City of Virginia Beach, Virginia,
being known, numbered and designated as Parcel C-1-B as shown on that certain
plat entitled "Subdivision of Parcel C- 1. Map Book 181. Page 24, Kempsville
Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering,
Ltd , dated January 6, 1987 and last revised on April 2. 1987, which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2637, at Page 1808, reference to which plat is hereby made
for a more particular description of the property
GPIN 1465-89-6856
PARCEL 2
Part of that certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Parcel C-
1-1 as shown on that certain plat entitled, "Subdivision of Parcel C-1, Map Book
181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway
Surveyors and Engineering, Ltd , dated January 6, 1987 and last revised on April 2,
1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Deed Book 2637, at Page 1808, containing
6262 square feet as depicted on the plan entitled `K &, Son's, Inc Gas Pumps
.Addition and Revitalization Plan", prepared by The Spectra Group. Inc , dated
3/1/2005
GPIN 1465-89-5885 (Part)
CONUITIONALRZONE%SAEED/PROFFER
P9_PAFEC 6Y
S_1i.tl RriTNIN
\11IRN $ Lri I'1
In Reply Refer To Our File No DF-6204
TO Leslie L Lilley \
FROM B Kay Wllsoi�
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE October 27, 2005
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application; K 8 Son's, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on November 8, 2005 1 have reviewed the subject proffer agreement, dated
May 31, 2005, and have determined it to be legally sufficient and in proper legal form A
copy of the agreement is attached
Please feel free to call me if you have any questions or wish to discuss this matter
further
BKW/ks
Enclosure
cc Kathleen Hassen
Y
K & SON'S, INC , a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF ViRGiNIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THiS AGREEMENT, made this 31 sl day of May, 2005, by and between K &
SON'S, INC , a Virginia corporation, Grantor, and THE CiTY OF VIRGiNIA
BEACH, a municipal corporation of the Commonwealth of Virginia. Grantee
WITNESSETH
WHEREAS, the Grantor is the owner of a two (2) parcels of property located
in the Kempsville District of the City of Virginia Beach, containing approximately
30,341 square feet of land which are more particularly described as Parcels 1 and
2 in Exhibit `.A" attached hereto and incorporated herein by this reference Said
parcels are herein referred to as 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 modify the PDH-1 Land Use Plan with a B-2 Commercial
Designation applicable to the Property to permit the sale of gasoline, and
WHEREAS, the Grantee's policy iS to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation, and
GPIN 1465-89-6856
1465-89-5885 (Part)
PPEPPgEO By
NYUC, IiNIItP N
\11tRNR 11\'1 14
PPEPAPEC By
111t1t\ R 1 I -Al 114
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 governing the use of
the Property for the protection of the community that are not generally applicable to
land similarly zoned are needed to cope with the situation to which Grantors
rezoning application gives rise, and
WHEREAS, Grantor has voluntarily proffered, in writing. in advance of and
prior to the public hearing before the Grantee, as a part of the proposed
modification to the PDH-1 Land Use Plan apphcahle to the Property in addition to
the regulations provided for the PDH-1 and B-2 Zoning Districts by the existing
overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part
of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning
NOW, THEREFORE, Grantor, foi itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without anv requirement by or exaction from the Grantee or its
governing body and without anv 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 Propertv 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 Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title
1 When the Property is redeveloped. in order to achieve a more
coordinated design and development on the site in terms of vehicular access. f
parking
and landscape
buffering, the "K & SON'S INC GAS
AND PUMP
ADDITION
AND REVITALIZATION
PLAN", dated 3/1/2003 revised
7/2 2005,
prepared
by The Spectra
Group, Inc , i0hich has becn exhibited to
the Virginia
PPE -ARE'_ 2v
\1kN Rnl'RUu\'
Beach City Council and is on file with the Virginia Beach Department of Planning
("Revitalization Plan") shall be substantially adhered to
2 When the Property is redeveloped, three (3) gasoline pumps shall be
added as depicted on the Revitalization Plan and the architectural design,
materials and colors of the canopy will be substantially as depicted on the exhibit
entitled "LUKOIL - Pleasant Valley," prepared by Pro Signs. which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (`Canopy Elevation")
3 When the Property is redeveloped, the existing freestanding sign
shall be replaced with a monument style freestanding sign no greater than eight
feet (8') in height with a base of split face block matching that on the building
The existing dumpster shall also be relocated and screened as depicted on the
Revitalization Plan
4 When the Property is redeveloped, the existing entrances on to the
Property from Indian Lakes Boulevard shall be consolidated and relocated as
depicted on the Revitalization Plan All lighting on the site shall be consistent
with those standards recommended by the illumination Engineering Society of
North America (IESNA) A photometric lighting plan indicating the number and
types of lighting will be submitted as part of the formal site plan submission for
review by the Planning Department to determine consistency with Crime
Prevention Through Environmental Design (CPTED) principles and practices
i
Lighting shall be installed and operated as shown on the approved plan All
lighting shall be directed inward and downward within the site
5 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 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 Propertv 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 '
3
Y
PRE°AREC 8�
SYkt,, W)ITNIN
' URN R LUVY I'i
or substantially revised Zoning Ordinance until specifically repealed The
conditions, however, may be repealed, amended, or vaned by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach.
Virginia, and executed by the record owner of the Property at the time of i
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
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 bnng 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, 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 iecorded in the Clerk's Office of the Circuit Court
11
of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and
the Grantee
PREPARED BY
`ier\ 1101,01ION
-%HwN & L[%,) PI
5
GREPA%D E-+
1YU6 RUI'RION
MR\: % Llvl P-
WITNESS the following signature and seal
GRANTOR
h &, Sons, Inc , a Virginia corporation
�I
By _ _ ___(SEAL)
Khand Saeed, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH. to -wit
The foregoing instrument was acknowledged before me this I5t day of June,
2005, by Khand Saeed, President, K &. Sons. Inc a Virginia corporation,
Grantor
�n
Z�Z' i AL
Iv2
Notary Public
My Commission Expires August 31, 2006
b
EXHIBIT "A"
PARCEL 1
ALL that certain lot, piece or parcel of land. together with the buildings and
improvements thereon, situate, and being in the City of Virginia Beach, Virginia,
being known, numbered and designated as Parcel C-1-B as shown on that certain
plat entitled "Subdivision of Parcel C 1, Map Book 181, Page 24, Kempsville
Borough, Virginia Beach, Virginia", made by Waterway Surveyors and Engineering,
Ltd , dated January 6, 1987 and last revised on April 2, 1987. which said plat is
duly iccorded in the Clerks Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 2637, at Page 1808, reference to which plat is hereby made
for a more particular description of the property
GPiN 1465-89-6856
PARCEL 2
Part of that certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, and being known, numbered and designated as Parcel C-
1-1 as shown on that certain plat entitled, "Subdivision of Parcel C-1, Map Book
181, Page 24, Kempsville Borough, Virginia Beach, Virginia", made by Waterway
Surveyors and Engineering, Ltd , dated January 6, 1987 and last revised on April 2,
1d187. which said plat is duly recorded iii the Clerk's Office of the Circuit Court of
the City of Vntgmia Beach, Virginia, in Deed Book 2637, at Page 1808. containing
6262 square feet as depicted on the plan entitled "K 8c Son's, Inc Gas Pumps
Addition and Revitalization Plan". prepared by The Spectra Group, inc , dated
3/1/2005
GPIN 1465-89-5885 (Part)
CONDI 11()NALRZONH!SAEEW PROFFER
PPE FAFEI IF (
�SNKl,S l)i:l'INiI?V
kill R\h11\l Pf
Mi Bill Ft,rn<side, rep•esent•ng the apl.'icint, appeared before -- t• Cour-rl
reacast_rg t`•at Lie ab'-'e aopli� rt:or ^e i,itFdrarn
Mr Blidge,, represent'ng the c,.nc-ition tc tfe alCo•.e application, stated no
ob iect 10, to the aryl is at: c❑ beirg wi t`id; awn 1'
Cn notion bi CO'arL.Ina; hate: Ciet,'I secendcc bi lice "avor Tehnclt, and bc'
rcoo`ded vote as follows
yes COUnC:1Te- Robe-t H Ca!' -is, Jr , 'obe•t 8 :iorwell, 'r , F Reid
ivi-, George q Fe' iell I Cdlence A Holland, D 'Iariav 'lalbor, , .: Curtis
I, a,. re, `'ire '1=•:cT I-'1 " Teb.tUlt, =1cvd E iia ter C teld, Jr , ani ease^ Dor a!d
IT RI -odes
Nays Pore
Absent Counc:lnan F-AT", i tras ch
CIL% uou,11 ap,,%,.= t'-e •.t [hd-a, al o• the a',oee anp:!catI el e= Tru,tces ^-
Rock ,, ',: n1:l tar I B•.irr<rJe, ',t'orn- for a Use 're rr:t fc' a ,u rch,
ieligicuti educat-'cn an] :e'nap_ l:tat'on septet on ceita:n .ronei 7i beg-rr-ng
at a _o Tnt ":D feet To-e 01 !es, Southe-I;' c tl.e ir,tersectior of Fn^ces<_
Anne Woad an, =cca[,r^t „ .-It Roac an.' 1` 1- f,et Ea>t of Fccalientas :tub 'Toad,
Morse Fo it ',rea, "irg Beicagh
1 TE'1 •3°0i
Application of Seneca Carosites, Inc., by Thomas F. Broyles, Attorney, for a "se Permit
for 3M ca-•?sites on crrtain Drorerty becinninq at a point 330n feet more or less $pptli
of Litchfield road, nr.i Pocahontas Club Road, and runnnno a distance of 1620 feet more
or less alorq the :est side of Prircess erne Road, runnlno a distance of 3175 fer'
alonq the Southern nr,,^rty line and runrinc a distance of 1650 feet here or less along
the 412sterr nrooerty lire and running a distance of 1,125 feet neim or less alone the
liorthorn pro;erty lire PC �C.O Bud O1 Gs`
The Planninq Co" ission recomrends approval of this use permit application for 3^5
ca•npsites with the strpulcticn tnat t'•e property cannot be used for per'lanent trailers
or carosites Approval vas further subject to a dedication of rlght of Tay el feet
frog the center lint: of the initial 52-foot ri-ht of way alorq the 15P3-foot more or
less frontaqe on Princess -We Road as re^.uestod by tie Peal Estate Division, rgrart-
nent of C:Iunity Services The-epart'-ent of Ccsriunnty S^rvlces also requests
improveTents on Princess Anne Road The Ilealt'i Department requests co•^oliarce .with
State overniglit carp laws
M• Th:na< Fier i.es, 'It I-i'•c:, aceeaied on bel-a- of t•e aprlica rt
C., retior L, C_Trc•'ra r '.iater,:el,, tie, en•__d by 'ice i'c'•e- lebac-t, ape' br
recoi _ci cte a> ctic •r,
A,cs Co: ,. i!-- =t•.,.t !' Ca.] _'r %bc •t R _iorwe` 'Ji F R=_c
E: t.. FGec'gc r,r cl =•eITc 1 Hol `a rd, n „t.-.a., -,on. 1 Cu-t:s
Pq; re, 111__ cI ran IeL ;rI t, ar;1 F: ,•c ..a _^1 ref J, ,.
Nays 'layer Corals it ?Fcdcs
APsent Cocncrl.-.:.. F•:nl 'Tisch
Counc•1 arni o•.cc t`;e .,he•e of Seneca Co --site-, I -cc by
`.e^.,< ":'t; 1tt_rr! 'Or a use ^er-iC 0i 1C0 `Cc9p:Ir lte, D.e"a'
FIc - _ I 1 L -" , re c^01 e < Sort[, cf 'rt:l"it 1c
Head, no.. Ibcahc..:a1 :lu:, ::�J�, Prco eo•:.ug`i, >ibe act .e Je .tun- a[ -or
tiat t'"c ^•ro-e•• car'be lsei fo- re-rare':t t�a_lcrs o- cairrsitcs, ;ublect
to - , it ucr r -t cl C._t lit -he _erilei 1.^e _ "n• .^it
5n Ic.t I at r: ,,P _ .a -.'i, l; , -r,-t.
•.r'e -rl
r-I 1 ,, fr•I _`:I ,c ,_, tc ..
\t ltc c, I C, I .., , I-" e<t f.' I t`., H, _'_l aI ...le III
November 8, 1971
"o, Up". 1 Y are -, Ji" jc.jr ion 11 lciumn-K
S
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: North Landing River Associates, L.L.C. — Modification of Conditions and a
Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations
MEETING DATE: November 8, 2005
■ Background:
An Ordinance upon Application of North Landing River Associates, L L C for a
Modification of Conditions for a Conditional Use Permit approved by City Council
on November 8, 1971 The property is located at 161 Princess Anne Road
(GPIN 23174127930000) DISTRICT 7 —PRINCESS ANNE
An Ordinance upon Application of North Landing River Associates, L L C for a
Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations on
property located at 161 Princess Anne Road (GPIN 23174127930000)
DISTRICT 7 — PRINCESS ANNE
■ Considerations:
The applicants purchased the property in April 2003 The site was developed
with 150 campsites, a store, a pool and recreational areas in the early 1970's At
the time of purchase the campground had fallen into disrepair The applicants
proceeded to perform what they felt were maintenance upgrades on the site by
replacing roads, water and sewer lines, electrical hook-ups, upgrading the
comfort stations and the pool Staff inspected the site and determined fill had
been added to several areas Staff advised the applicants the following items
needed to be addressed
• A variance to Section 5B of the Site Plan Ordinance regarding the fill areas,
• A modification of the existing conditional use permit regarding the addition of
six one -room cabins and nine permanent campers (recreational vehicles),
• A variance to the Southern Watersheds Management Ordinance for
encroachments into the required 50-foot buffer
The modification of the conditional use permit and flood plain variance request
are a result of the applicants' desire to comply with the ordinances
The Conditional Use Permit allowing 306 Campsites was approved by the City
Council on November 8, 1971 The Conditional Use Permit must be modified
because six one -room cabins were placed on campsites approximately 30 years
ago The applicant also has placed nine permanent campers (recreational
North Landing River Associates, L L C
Page 2 of 4
vehicles) on the site Additionally, several motor homes and campers are being
stored on -site There is also an area in the southern portion of the site being
used for a maintenance staging area and storage of campground items
The site contains 96 acres and of the 96 acres, 70 acres are within the floodplain
adjacent to the North Landing River Under Section 5B of the Site Plan
Ordinance, the North Landing River floodplain is subject to special restrictions
and no fill is allowed within this floodplain The applicant has already placed a
large amount of fill on the property A variance to Section 5B of the Site Plan
Ordinance (floodplain variance) is necessary to allow this amount of fill (6 4% of
the existing area of the floodplain on the property) to remain where placed within
the floodplain The Site Plan Ordinance requires that mitigation be provided at a
one for one replacement for the flood storage volume of the floodplain filled and
that the areas of mitigation or replacement must be contiguous to the existing
floodplain
The Planning Commission recommends approval of the request for Modification
of Conditions for a Conditional Use Permit approved by City Council on
November 8, 1971 subject to the conditions listed below The proposal is in
conformance with the Comprehensive Plan recommendations for this area The
campground is compatible with surrounding uses The applicants' submitted
plans depict an improvement to the overall use of the property The plans
submitted with the conditional use permit approved in 1971 depicted campsites
and associated accessory uses covering the entire 96-acres The plans
submitted with the modification and floodplain variance requests depict a much
smaller campground footprint and show the limits and protection of the existing
wetlands
The Planning Commission also recommends approval of the floodplain variance
subject to the conditions listed below The campground, built in1973, predates
the floodplain ordinance An open space or a recreational use such as a
campground is usually not associated with any new impervious surfaces, and
any filling within the floodplain usually does not increase storm water runoff The
fill within the floodplain is due to the physical character of the property, as it is a
renovation and improvement to an existing recreational use The fill will not be
detrimental to other property within the vicinity The fill placed on the site is much
less than what was originally planned when the campground was approved in
1971 The applicant has provided an adequate fill mitigation plan as well as a
buffer restoration plan to mitigate the impacts of the fill on the Southern
Watersheds buffer
The Planning Commission placed the items on the consent agenda because
flood plain variance criteria have been met and the campground use is in keeping
with the character of the area Approval of these two applications will allow the
applicant to upgrade the site
0 Recommendations:
North Landing River Associates, L L C
Page 3 of 4
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the requests with the following conditions
1 All Stipulations with the exception of "The property cannot be used for
permanent trailers or campsites" attached to the Conditional Use Permit
granted by the City Council on November 8, 1971 remain in affect In addition
to the existing Stipulations the following conditions shall be attached to the
conditional use permit
a (i) The six (6) cabins, existing along the eastern side of Canal 2 shall
be permitted to remain on the site provided the applicants' obtain all
the necessary permits, inspections and certificates of occupancy for
the cabins
(u) Any recreational vehicles stored on the site year round and available
for lease shall obtain any necessary permits, inspections and certificates of
occupancy as required by State law as determined by the Building Code
Official of the City of Virginia Beach
any GaR?peF or ngeter- home ateFed on the site year Found and available fe.F
b The applicants shall delineate and screen the "Recreational Vehicle
Storage Area" located in the southeastern portion of the site The
screening shall be Category IV
c The applicants shall delineate and screen the maintenance staging
area and campground item storage area located in the southeastern
portion of the site The screening shall be Category IV
d There shall be no encroachment into the delineated wetlands areas
depicted on the submitted site plan entitled "North Landing River Front
Camp Ground, Virginia Beach, Virginia, Exhibit A", prepared by WPL
and dated 5/20/05 Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department
2 The proposed floodplain mitigation and buffer restoration shall substantially
adhere to the submitted plans entitled "North Landing River Front Camp
Ground, Virginia Beach, Virginia, Mitigation Plan", prepared by WPL and
dated 9/12/05 Said plans have been exhibited to the City of Virginia Beach
City Council and are on file in the Planning Department
3 The applicants shall submit detailed site and mitigation plans to the
Development Services Center, Planning Department of the City of Virginia
Beach for review and approval within three (3) months of City of Virginia
Beach City Council approval of the Modification of Conditions and Floodplam
Variance Required screening and improvements shown on the mitigation
plan must be completed by June 1, 2006
North Landing River Associates, L L C
Page 4 of 4
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency:
City Manager: 1L
Planning Department
NORTH LANDING
RIVER ASSOCIATES,
L.L.C.
Agenda Item #4 & #5
October 12, 2005 Public Hearing
Staff Planner Faith Christie
REQUEST
4) Modification of Conditions for a Conditional Use Permit approved by City Council on November 8, 1971
5) Variance to Section 5B of the Site Plan Ordinance Floodplain Regulations
ADDRESS / DESCRIPTION: Property located at 161 Princess Anne Road
GPIN: COUNCIL ELECTION DISTRICT SITE SIZE
23174127930000 DISTRICT 7 — PRINCESS ANNE 96 03 acres
The applicants purchased the property in April 2003 The site SUMMARY OF REQUEST
was developed with 150 campsites, a store, a pool and
recreational areas in the early 1970's At the time of purchase the campground had fallen into disrepair
The applicants proceeded to perform what they felt were maintenance upgrades on the site by replacing
roads, water and sewer lines, electrical hook-ups, upgrading the comfort stations and the pool Staff
inspected the site and determined fill had been added to several areas on the site Staff advised the
applicants the following items needed to be addressed
• A variance to Section 5B of the Site Plan Ordinance regarding the fill areas,
• A modification of the existing conditional use permit regarding the addition of six one -room
cabins and nine permanent campers (recreational vehicles),
• A variance to the Southern Watersheds Management Ordinance for encroachments into the
required 50-foot buffer
The modification of the conditional use permit and variance requests are a result of the applicants' desire
to comply with the ordinances
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 1
The Conditional Use Permit permitting 306 Campsites was approved by the City Council on November 8,
1971 The Planning Commission recommended approval of the use permit application for 306 campsites
with the following stipulations
• The property cannot be used for permanent trailers or campsites,
• A dedication of right of way 40-feet from the center line of the initial 50-foot right of way along the
1,620-foot more or less frontage on Princess Anne Road as requested by the Real Estate
Division, Department of Community Services,
• Improvements on Princess Anne Road as requested by the Department of Community Services,
• Compliance with State overnight camp laws as request by the Health Department
The Conddional Use Permit must be modified because six one -room cabins were placed on campsites
approximately 30 years ago The applicant also has placed nine permanent campers (recreational
vehicles) on the site Additionally during the most recent staff visit to the site two areas of concern were
noted First several motor homes and campers are being stored on -site Second there is an area in the
southern portion of the site being used for a maintenance staging area and storage of campground items
These areas must also be addressed with the modification
As stated previously in the report the site is 96 acres and of the 96 acres, 70 acres are within the
floodplain adjacent to the North Landing River Under Section 5B of the Site Plan Ordinance, the North
Landing River floodplain is subject to special restrictions and no fill is allowed within this floodplain The
applicant has already placed a large amount of fill on the property A variance to Section 5B of the Site
Plan Ordinance (floodplain variance) is necessary to allow this amount of fill (6 4% of the existing area of
the floodplain on the property) to remain where placed within the floodplain
• Total Surface Area of the Campground = 96-acres
• Total Surface Area within the Floodplain = 70-acres
• Total Surface Area covered by Fill within the Floodplain = 4 54-acres
• Percentage of Floodplain Surface Covered by Fill = 6 4%
The Site Plan Ordinance requires that mitigation be provided at a one for one replacement for the flood
storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous
to the existing floodplain
• Existing 100-year floodplain storage volume = 4.573,800 Cubic Feet (C F)
• Volume of fill within the floodplain = 69,750 Cubic Feet (C F )
• Mitigation Areas for fill volume = 75,937 Cubic Feet (C F )
• Post Developed 100-year floodplain storage volume = 4.579,987 50 Cubic Feet (C F)
As noted above, the volume of the mitigation areas exceeds the volume of fill within the floodplain by
6,187 Cubic Feet (C F ) and all of the mitigation areas are located outside and contiguous to the existing
floodplain Therefore, the mitigation proposed for the floodplain fill meets all of the criteria for mitigation
as defined by the ordinance
LAND USE AND ZONING INFORMATION
EXISTING LAND USE The site is developed with a campground
NORTH LANDING RIVER ASSOCIATES, L L C
Agenda Item #4 & #5
Page 2
SURROUNDING LAND North 0 Woods 1 AG-1 and AG-2 Agricultural
USE AND ZONING South 0 Single family dwelling and Campground / AG-1 and AG-2
Agricultural
East . Princess Anne Road
• Across Princess Anne Road is a borrow pit / AG-1 and AG-2
Agricultural
West 0 North Landing River
NATURAL RESOURCE AND The site is located in the Southern Watersheds of the North Landing
CULTURAL FEATURES River, the Northwest River and Back Bay Of the 96-acres of property
70-acres are located within the floodplain with an average elevation of
3 5-feet
AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP). Princess
Anne Road is depicted on The Master Transportation Plan as 90-foot right-of-way with a bikeway
Currently there are no projects within the Capital Improvement Budget for improvements to this section
of Princess Anne Road
WATER and SEWER- This site is served by well and septic systems
SCHOOLS: School population is not affected by the use
The Comprehensive Plan recognizes this site as being within COMPREHENSIVE PLAN
the Rural Area The physical character of the area is low, flat land with wide floodplains and altered
drainage It also contains large areas of exceptional environmental resources Rural areas may be
characterized as a balance between the natural environment and human uses with farms, horse
boarding, campgrounds, wineries and open space activities served by long stretches of two lane
roadways
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 3
Staff recommends approval of the request for Modification of EVALUATION AND RECOMMENDATION
Conditions (Stipulations) for a
Conditional Use Permit approved by City Council on November 8, 1971 subject to the conditions listed
below The proposal is in conformance with the Comprehensive Plan recommendations for this area The
campground is compatible with surrounding uses The applicants' submitted plans depict an improvement
to the overall use of the property The plans submitted with the conditional use permit approved in 1971
depicted campsites and associated accessory uses covering the entire 96-acres The plans submitted
with the modification and floodplain variance requests depict a much smaller campground footprint and
show the limits and protection of the existing wetlands
Staff also recommends approval of the floodplain variance subject to the conditions listed below The
Site Plan Ordinance Section 5B 8(a) states, "No floodplain variance shall be granted by the Council
unless it finds that
Such variance will not create or result in unacceptable or prohibited increases in flood heights,
additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization
of the public
The granting of such variance will not be detrimental to other property in the vicinity
The circumstances giving rise to the variance application are not of a general or recurring nature
Such circumstances arise from the physical character of the property or from the use or
development of adjacent property and not from the personal situation of the applicant
The granting of such variance will not be in conflict with any ordinance or regulation of the city "
Staff concludes that the application meets all of the above criteria The campground, built in1973,
predates the floodplain ordinance An open space or a recreational use such as a campground is usually
not associated with any new impervious surfaces, and any filling within the floodplain usually does not
increase storm water runoff The fill within the floodplain is due to the physical character of the property,
as it is a renovation and improvement to an existing recreational use The fill will not be detrimental to
other property within the vicinity
Section 5B 8 (f) provides additional guidance in the evaluation of floodplain variance applications The
section notes, ''No variance shall be granted by the Council unless the following performance standards
are met
1 Filling shall be limited to the smallest volume and area possible
2 Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created
for area filled to ensure no net loss of storage occurs as result of filling
3 All floodplain mitigation shall be located on the project site and shall be located contiguous to the
existing floodplain
4 The general characteristics and functions of the floodplain shall not be adversely affected
5 Wetlands protection and buffer area requirements set forth in section 7 of the Southern
Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted "
Staff concludes that the application meets all of the above criteria The fill placed on the site is much less
than what was originally planned when the campground was approved in 1971 The applicant has
NORTH LANDING RIVER ASSOCIATES. L.L C
Agenda Item #4 & #5
Page 4
provided an adequate fill mitigation plan as well as a buffer restoration plan to mitigate the impacts of the
fill on the Southern Watersheds buffer
Staff recommends approval of both requests with the conditions provided below
CONDITIONS
All Stipulations with the exception of "The property cannot be used for permanent trailers or
campsites" attached to the Conditional Use Permit granted by the City Council on November 8, 1971
remain in affect In addition to the existing Stipulations the following conditions shall be attached to the
conditional use permit
a (i) The six (6) cabins, existing along the eastern side of Canal 2 shall be permitted to remain
on the site provided the applicants' obtain all the necessary permits, inspections and
certificates of occupancy for the cabins
(u) Any recreational vehicles stored on the site year round and available for lease shall obtain
any necessary permits, inspections and certificates of occupancy as required by State law as
determined by the Building Code Official of the City of Virginia Beach
The six (6) eabins, existing aleRg the eastern side ef Gana! 2, a" th- (9) permanently
s__.__ _.. the __._ year Found and _ffl..arw fvr �i uve v..w. be Yeff..u.ed to �efnam en the site
7e
�oc¢crr
b The applicants shall delineate and screen the 'Recreational Vehicle Storage Area" located in
the southeastern portion of the site The screening shall be Category IV
c The applicants shall delineate and screen the maintenance staging area and campground
item storage area located in the southeastern portion of the site The screening shall be
Category IV
d There shall be no encroachment into the delineated wetlands areas depicted on the submitted
site plan entitled "North Landing River Front Camp Ground, Virginia Beach, Virginia, Exhibit
A", prepared by W PL and dated 5/20/05 Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in the Planning Department
2 The proposed floodplain mitigation and buffer restoration shall substantially adhere to the submitted
plans entitled "North Landing River Front Camp Ground. Virginia Beach, Virginia, Mitigation Plan",
prepared by WPL and dated 9/12/05 Said plans have been exhibited to the City of Virginia Beach City
Council and are on file in the Planning Department
3 The applicants shall submit detailed site and mitigation plans to the Development Services Center,
Planning Department of the City of Virginia Beach for review and approval within three (3) months of
City of Virginia Beach City Council approval of the Modification of Conditions and Floodplain Variance
Required screening and improvements shown on the mitigation plan must be completed by June 1,
2006
NORTH LANDING RIVER ASSOCIATES. L L C
Agenda Item #4 & #5
Page 5
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 applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site
NORTH LANDING RIVER ASSOCIATES, L L C.
Agenda Item #4 & #5
Page 6
wow qr� u+ad w
Will,rlf�'n'.11liov iwHxe__w au
—1 1
- -- pus.-- --, e+.. ••
PROPOSED SITE PLAN
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 8
ff,OM ,
s � �
�
Ally
PROPOSED SOUTHERN WATERSHED
BUFFER RESTORATION PLAN
NORTH LANDING RIVER ASSOCIATES, Ll C
Agenda Item #4 & #5
Page 10
i
AG-1
River A
AG-2
AG-2 I AG-1
eX Z
0 0� AG-2
°5
AG-1
AC-2
• o d.
AG-2
AG-2
AG`I
-� / A'4PTN L9 POJY1 51{IF i!LL . 1 � /
— — --_ Fiuod011' Larcrrr 'ad vo.W., 1hav n" ( owhlwos
1 11/10/75 Rezoning (AG-1 and AG-2 Agricultural to A-1 Apartment) Withdrawn
5/13/74 Rezoning (AG-1 and AG-2 Agricultural to A-1 Apartment)
and a Conditional Use Permit (Mobile Home Park) Denied
11/8/71 Conditional Use Permit (306 Campsites Approved
2 12/18/89 Conditional Use Permit (Borrow Pit) Approved
11/28/00 I Conditional Use Permit (Borrow Pit expansion) Aooroved
ZONING HISTORY
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 11
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership firm bus-ness or ether
unincorporated organization complete the following
1 List the applicant name followed by the names of all officers members
;ruslees, partners atc below (A Mach list if necessary)
North Landing River Associates L L C Brian C Large, Managing Member
Howard R Svl,es Jr Member, Michael D Siten Member Garrett Johnson,
Member
2 List all bus.nesses that have a parent -subsidiary' of affiliated business entity
relationship with the applicant (Attach list if necessary)
❑ Check here if the applicant is Nora corporation partnership firm, business, or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete this section only if property owners different from applicant
If the property owner is a corporation, partnership firm business- or other
unincorporated organization complete the following
1 'List the property owner name followed by the names of all officers members,
trustees partners etc below (Attach list if necessary)
2 List all businee,ses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant (Attach list if necessary)
p Check here f the property owner Is NOT a corporation, partnership firm,
business or other unincorporated organization
r A'r See next page for reo'�oles
r'»9. J 3, 11�1`lI' I
an ORt'1`if
DISCLOSURE STATEMENT
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 12
0 4%
I DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractrrs or bus-resses that have or will prov de services with respect
to the requested property use inciudinq but not limited to the providers of architectural
services, real estate services I:nanciel sernces accounenq services and legal
services (Attach list if necessarv:
Sykes Bourdon Ahem & Levy F C
WPL
' Parent -subsidiary relationship means 'a relationship that exists when one
corporation directly or Indirectly owns shares possessing more than 50 percent of the
voting power of another corporation " See State and Local Government Conflict of
interests Act Va Code § 2 2-310'
Affiliated business entity relationship- means -a relationship, other than
parent -subsidiary relationship, that exists when (1) one business entity has a
controlling ownership interest in the other business entity (it) a controlling owner in
one entity •s also a controlling owner in the other entity of (m) there is shared
management or control between the business entities Factors that should he
considered in determining the existence cl an affiliated business entity relationship
include that the same person or substantially the same person own or manage he two
entities there are common or commingled funds or assets, the business entities share
the use of the same offices or employees or otherwise share aclivibes, resources or
personnel on a regular basis or More is otherwise a close working ielationsnu•
between the entities' See State and Local Government Conthc-ef Interests A- t Va
Code §223101
CERTIFICATION I certify that the information contained herein is true and accurate
I understand that, upon recetot of notification (postcard) that the application has beer
scheduled fer public hearing I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the schedu'ed public hearing
according to the-nstructlons •n this package
North Landir _River Associates . L C
By r- Brian C Large 41,raginq Memtir•r
.Up'i�enYe Signature r••+I Name
P,eperly Ownar s s•g,ature (if dille•enL"iar. appii¢ rt) Name
6Y1d rw•[III ,.rc , _ -e Ayµ., an
DISCLOSURE STATEMENT
NORTH LANDING RIVER ASSOCIATES, L.L C
Agenda Item #4 & #5
Page 13
11 DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation partnership, firm business o• othe� unincorporated
organization complete the following
1 List the applicant name followed by the names of all officers members trustees
partners, etc below !Affech list if necessary)
North Landing River Associates L L C Bnan C Large Managing Member Howard
R Sykes Jr, Member Michael Sifen Member Garrett Johnson Member
2 L'st all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant (Attach list of necessary)
❑ Check here if the applicant is NOT corporation, partnership firm business. or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Complete this section only it property cwner is different from applicant
If the property owner is a corporation, partnership firm business or other
unincorporated organization complete the following
t List the property owner name foCowed by the names of all oKrers members
trustees, partners etc *Plow (Attach list if necessary)
2 List all businesses that have a parent subsidiary' or affiliated business entity,
relationship with the applicant (Attach last if necessary)
❑ Check here if the property owner is NOT a corporation partnership firm
business or other unincorporated organization
,--
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r rnn�ar eanam� •oc n•icr
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DISCLOSURE STATEMENT
NORTH LANDING RIVER ASSOCIATES, L L C
Agenda Item #4 & #5
Page 14
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fA
DISCLOSURE STATEMENT i
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use including but not limited to the providers of architectural
services real estate services financial services accounting services and legal
services (Attach list if necessary)
Sykes Bourdon Ahern .; Levy P C
WPL
Parent -subsidiary relationship' means a relationship that exists when one
corporation directly or incirectiy owns shares possessing more than 50 percent of the
voting power of another corporation' See State and Local Government Conflict of
interests Act Va Code § 2 2-3101
Affiliated business entity relationship means 'a r=_lationshm other than
parent -subsidiary relationship that exists when (t) one business entity has a
controlling ownership interest in the other business entity (n) a controlling owner In
one entity is also a controlling owner in the other entity or (n) there is shared
management or control Between the business entities Factors that should be
considered in determinirg the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities there are common or commingled funds or assets. the business entities share
the use of the same offices or employees or otherwise share activities resources or
personnel on a regular basis or there is otherwise a close working •elatfonship
between the ent ties - S,e State and Local Government Conflict of Interests Act. Va
Code § 2 2-310'
CERTIFICATION I certify that the information contained herein is true and accurate
I understand that upon receipt of notification (postcard) that the application has been
scheduled for public hearing. I am responsible for obtaining and posting the required
Sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package
North River Landing Assogates, L L C
By _�._' - _ Bnan C Large Maraging Member
Apoleanri; Signakab - Pnrl Name
P_mpeny (Tune• s s.gnature nl d•trerent Lhan app6carp Pnnt Name
`x`�4•r1iena,a A�, W Ol
Pi"o J,o
79'-W4
DISCLOSURE STATEMENT
NORTH LANDING RIVER ASSOCIATES, L L C
Agenda Item #4 & #5
Page 15
Item #4&5
North Landing River Associates, L L C
Modification of Conditions
Variance to Section 5B of the Site Plan Oidmance,
Floodplain Regulations
161 Princess Anne Road
District 7
Princess Anne
October 12, 2005
CONSENT
William Dm My next item is Item #4 & 5 Item #4 is a Modification of Conditions for a
Conditional Use Permit that was previously approved on November 8, 1971 for the
property located at 161 Princess Anne Road, and item #5 Is a Variance to Section 5B of
the Site Plan Ordinance, Floodplam Regulation, also located at the same location in the
Princess Anne District There are currently three conditions The first condition "A" has
been broken down into two separate conditions This Is an application by North Landing
River Assoctates, L L C Welcome
Eddie Bourdon Thank you Mr Din, for the record, Eddie Bourdon, a Virginia Beach
attorney representing the applicants We greatly appreciate your courtesy in putting us on
the consent agenda In mvocating those conditions, which we do concur with Ms
Christie it says the same thing but, it does it in a way that my clients are most
comfortable We appreciate your courtesy
William Din Thank you Mr Bourdon Is there any objection to placing this item on
consent" If not, Mr Barry Knight will please explain
Barry Knight This is in the Princess Anne DISUILI It's 96 acres It's way down south
within a mile of the North Carolina line It's on Princess Anne Road back to some canals
dug off of North Landing River This was turned into a recreational area and had a
Conditional Use Permit back in the early 70's And it was vet v popular back then, and it
had fallen into somewhat of a state of disrepair The applicants purchased the property in
April 2003 They've gone in there. and they have upgraded They trimmed bushes They
graded toads They really brought the property where it looks very nice, but in the
process of getting some of then pet mits, the staff has noticed some deficiencies down
there This Conditional Use Permit will remedy those such as filling of some floodplains
in, thev're minimal They're being mitigated greater than the extent that's requited by
law And they're iequesting Dom us to let them screen their storage area and their
maintenance areas This area down there Is looking a lot mecr than it was, and with these
extra items, it's going to look real nice We think it is in keeping with the land use, and
certainly with the character and upgrading from what it was, so we put it on the consent
agenda
Item #4&5
North Landing Rivet Associates, L L C
Pare
William Din Thank you Barry I'd like to make a motion to appiove the following
consent item Item #4 & 5 is a Modification of Conditions on the Conditional Use Permit
previously approved on November 8, 1971 on property located at 161 Princess Anne
Road, and this is a variance to Section to 5B of the Site Plan Oidinance Floodplam
Regulation on property located at 161 Princess Anne Road, in the Princess Anne District
and that has three conditions, with "A" hemg revised to I &
Donald Horlsey Second
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT I
ABSENT
Ed Weeden By a vote of 10-0, the Boaid has approved Items #4 & 5 for consent
Map
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Steven W. Simpson & Barry D. Knight — Conditional Use Permit (alternative
residential development)
MEETING DATE: November 8, 2005
■ Background:
An Ordinance upon Application of Steven W Simpson & Barry D Knight for a
Conditional Use Permit for alternative residential development on property
located at 2000 Munden Point Road (GPIN 23088084330000) DISTRICT 7 —
PRINCESS ANNE
■ Considerations:
The applicant requests a Conditional Use Permit to allow development of the site
for a total of three residential parcels on property zoned both AG-1 and AG-2
Agricultural District For the purpose of calculating density, the City Zoning
Ordinance requires a minimum of 15 acres for each single-family parcel Thus,
this approximately 27-acre parcel could be developed with only one (1) single-
family dwelling The applicant, however, is pursuing a Conditional Use Permit
under the "Alternative Rural Residential Development' option that permits
residential development at a greater density than permitted by right, subject to
the proposal meeting all of the provisions specified in the Comprehensive Plan
for such developments The submitted plan shows the proposed three (3) lots
with acreage of 4 2 acres, 4 8 acres and 17 8 acres
The maximum number of dwelling units permitted under the Use Permit
alternative is based on the quality of the soils Soils classified as Type 1 yield a
density of one (1) dwelling per five (5) acres, and soils classified as Type 2 yield
a density of one (1) dwelling per ten (10) acres The soils on the subject property
yield a maximum of three (3) dwellings under the Section 405 alternative
This property is unique in that it is bordered to the north with property within the
Agricultural Reserve Program (ARP) and bordered to the south by an existing R-
20 residential development It was suggested by the Department of Agriculture
that this site would be a good candidate for inclusion into the ARP, however, the
applicant has decided not to exercise that option The single family dwelling
"subdivision" to the south was established sometime prior to 1973
The submitted plan conforms to the majority of the provisions of the
Comprehensive Plan One area of possible deficiency is that the applicant has
Steven W Simpson & Barry D Knight
Page 2 of 3
not indicated an area on the submitted plan to be set aside in perpetuity
consistent with Item 10 of the Rural Residential Guidelines However, it is Staff's
belief that the intent of Item 10 is to set aside an area within a larger rural
residential development that provides continued, long-term open space and
agricultural opportunities while clustering the dwelling units on another portion of
the site It may not be feasible to provide such an area on all parcels, particularly
those of the size of the subject parcel
The Planning Commission placed this item on the consent agenda because this
site meets the requirements of the Comprehensive Plan's Rural Residential
Guidelines
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 with
abstention to approve this request, with the following conditions
The final plat shall depict the three (3) proposed parcels as depicted on the
plan entitled "Preliminary Subdivision, 2000 Munden Point Road," prepared
by The Spectra Group, Inc , dated 07-21-05
2 The ingress/egress for the proposed Lot 1 shall be via an ingress/egress
easement provided to Lot 1 from the proposed Lot 3 Said easement shall be
depicted on the final plat
3 As required by the Rural Development Guidelines set forth in the City of
Virginia Beach Comprehensive Plan, a minimum, a 50 foot wide, vegetative
buffer shall be installed, where one does not currently exist, along all property
lines subject to this application that adjoin any parcel actively used for
agricultural purposes The first 25 feet of said buffer, closest to the adjacent
agricultural field shall be planted with a mixture of grasses and low growing
indigenous shrubs The second 25 feet of said buffer shall be planted with a
double row of trees with a minimum caliper of 1 112 inches and should be
centered no more than 30 feet on center These trees shall be indigenous and
consist of a mixture of 25 percent deciduous and 75 percent evergreen A
Landscape Plan shall be submitted with the final plat to the Development
Services Center for review and approval prior to the recordation of the final
plat
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Steven W Simpson & Barry D Knight
Page 3 of 3
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenVAgencX.LPlanning Department
City Manager: )�' � �,
STEVEN W. SIMPSON &
BARRY D. KNIGHT
Agenda Item #7
October 12, 2005 Public Hearing 4
Staff Planner Carolyn A K Smith
REQUEST •A
Conditional Use Permit for Alternative Rural Residential
development
ADDRESS / DESCRIPTION Property located at 2000 Munden Point Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE
23088084330000 7 — PRINCESS ANNE 26 8816 acres
The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST
development of the site for a total of three (3) residential
parcels on property zoned both AG-1 and AG-2 Agricultural District For the purpose of calculating
density, the City Zoning Ordinance requires a minimum of 15 acres for each single-family parcel Thus,
this approximately 27-acre parcel could be developed with only one (1) single-family dwelling The
applicant, however, is pursuing a Conditional Use Permit under the'Alternative Rural Residential
Development" option that permits residential development at a greater density than permitted by -right,
subject to the proposal meeting all of the provisions specified in the Comprehensive Plan for such
developments The submitted plan shows the proposed three (3) lots with acreage of 4 2 acres, 4 8 acres
and 17 8 acres
LAND USE AND ZONING INFORMATION
EXISTING LAND USE Undeveloped agricultural field with one (1) single family dwelling on the property
SURROUNDING LAND North . Agricultural field in the Agricultural Reserve Program / AG-1
USE AND ZONING Agricultural District
South . Single family dwellings, Munden Point Road / R-20 Residential
District, AG-2 Agricultural District
East . Agricultural field ' AG 1 & AG-2 Agricultural District
West . Agricultural field %AG-1 & AG-2 Agricultural District
SIMPSON AND KNIGHT
Agenda Item # 7
Page 1
NATURAL RESOURCE AND The majority of the site Is a cultivated field with a single family dwelling
CULTURAL FEATURES' on the western portion of the property There are woods on the northern
portion of the site The property Is within the Southern Watersheds
Management Area There does not appear to be any floodplaln or
wetlands on the property
AICUZ The site Is In an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP
Street Name Present Present Capacity Generated Traffic
Volume
Munden Point No Data No Data Available --T —Exlsting Land Use — 20
Road Available I ADT
Proposed Land Use '-
60
'Average Daily Trips
'as defined by the existing single family dwelling
as defined by three single family dwellings
WATER & SEWER There are no City water or sewer services to this site Approval from the Health
Department will be required for individual septic systems
The Comprehensive Plan recognizes this site to be within the COMPREHENSIVE PLAN
"Rural Area " The area Is characterized as low, flat land with wide floodplains and altered drainage
Typically, this area Is agricultural/rural with uses related to farming, forestry, rural residential, and other
rurally compatible uses The Plan states that' providing a legacy for a future generation of farmers, to
providing habitat for wildlife. keeping taxes low, and maintaining the rural community, the vision for our
rural landscape Is important ' (Pg 161) The Plan calls for rural residential design to complement the
rural setting, In terms of both parcel size and architectural style Rural residential design should,
"maximize the opportunity for agricultural, equestrian ad similar compatible rural activities as part of the
residential development Avoid fragmenting or dividing remaining farmland and open space into small
lots:" (Pg 168)
To assist in implementing the rural area planning objectives, the Comprehensive Plan provides Rural
Residential Guidelines that are used to evaluate requests for increased residential density on properties
zoned for agricultural use In the rural area of the City These guidelines are listed below
1 Subdivide residential lots on soils that possess the best drainage and water table
characteristics using the minimum acceptable lot area necessary to achieve development
objectives
SIMPSON AND KNIGHT
Agenda Item # 7
Page 2
2 Illustrate the ultimate plan of development as well as anticipated development phases, if any
3 Maximize the area of and avoid fragmenting remaining farmland and open space
4 Locate protective buffers between proposed residential structures and abutting agricultural
operations These buffers should be at least 50 feet in width The first 25 feet of such area
adjacent to an on -going agricultural operation should be heavily planted with a mixture of
grasses and low growing indigenous shrubs, and the second twenty-five feet of such area
adjacent to the structure should be planted with a double row of trees with a minimum caliper
of 11/2 inches and should be centered no more than thirty feet apart Such trees should
consist of a mixture of deciduous and evergreen
5 Whenever possible, plan developments on non -farmland In those cases where development
is proposed within existing tree cover, design the placement of buildings and driveways so as
to save and protect as many trees and other significant environmental features as possible
6 Minimize all access points along rural arterial roadways
7 Provide flag lots, where warranted to advance the purpose of this plan, taking into
consideration the size of the lots within the subdivision, existing or future tree cover and other
pertinent characteristics relating to the need for rural residential privacy and open space
Design appropriate widths for driveways serving flag lots (e g fire truck access)
8 Provide longer distances for rural cul-de-sac streets than is otherwise permitted throughout
the City Locate roadway drainage ditches a sufficient distance from the edge of pavement to
enable emergency vehicles to pass around road obstructions
9 Provide greater streetlight separation distances than is otherwise permitted throughout the
City
10 Protect land for open space purposes through the use of a variety of legal instruments, such
as deed restrictions, appropriate zoning classfications, protective easements or transfer to a
stewardship agency (e g foundations or conservation groups), or through some other
appropriate means
11 Limit the annual rate of development so as to minimize burdens placed upon rural public
infrastructure
Staff recommends approval of this EVALUATION AND RECOMMENDATION
request subject to the conditions
listed below
Section 405 of the Zoning Ordinance offers an alternative to the by -right development, provided that City
Council awards a Conditional Use Permit The alternative permits more dwellings if the development is
consistent with all of the Comprehensive Plan's Rural Residential Guidelines as listed in the previous
section The maximum number of dwelling units permitted under the Use Permit alternative is based on
the quality of the soils Soils classified as Type 1 yield a density of one (1) dwelling per five (5) acres, and
soils classified as Type 2 yield a density of one (1) dwelling per ten (10) acres The soils on the subject
property yield a maximum of three (3) dwellings under the Section 405 alternative
This property is unique in that it is bordered to the north with property within the Agricultural Reserve
Program (ARP) and bordered to the south by an existing R-20 residential development It was suggested
by the Department of Agriculture that this site would be a good candidate for inclusion into the ARP.
however, the applicant has decided not to exercise that option The single family dwelling 'subdivision" to
the south was established sometime prior to 1973
The submitted plan conforms to the majority of the provisions of the Comprehensive Plan One area of
possible deficiency is that the applicant has not indicated an area on the submitted plan to be set a side in
perpetuity consistent with Item 10 above However, it is Staff's belief that the intent of Item 10 is to set
SIMPSON AND KNIGHT
Agenda Item # 7
Page
aside an area within a larger rural residential development that provides continued, long-term open space
and agricultural opportunities while clustering the dwelling units on another portion of the site It may not
be feasible to provide such an area on all parcels, particularly those of the size of the subject parcel
In sum, Staff concludes that the applicant has met the intent of the Comprehensive Plan and
recommends approval of this request subject to the following conditions
CONDITIONS
1 The final plat shall depict the three (3) proposed parcels as depicted on the plan entitled 'Preliminary
Subdivision, 2000 Munden Point Road," prepared by The Spectra Group, Inc , dated 07-21-05
2 The ingress/egress for the proposed Lot 1 shall be via an ingress/egress easement provided to Lot 1
from the proposed Lot 3 Said easement shall be depicted on the final plat
As required by the Rural Development Guidelines set forth in the City of Virginia Beach
Comprehensive Plan, a minimum, a 50 foot wide, vegetative buffer shall be installed, where one does
not currently exist, along all property lines subject to this application that adjoin any parcel actively
used for agricultural purposes The first 25 feet of said buffer, closest to the adjacent agricultural field
shall be planted with a mixture of grasses and low growing indigenous shrubs The second 25 feet of
said buffer shall be planted with a double row of trees with a minimum caliper of 1 iz inches and
should be centered no more than 30 feet on center These trees shall be indigenous and consist of a
mixture of 25 percent deciduous and 75 percent evergreen A Landscape Plan shall be submitted with
the final plat to the Development Services Center for review and approval prior to the recordation of
the final plat
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 applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site
SIMPSON AND KNIGHT
Agenda Item # 7
Page 4
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PROPOSED SITE PLAN
SIMPSON AND KNIGHT
Agenda Item # 7
Page 6
1 . 01/09/96
SUBDIVISION VARIANCE
Granted
05/10/77
SUBDIVISION VARIANCE
2
08/09/94
CONDITIONAL USE PERMIT
_Granted
Granted
(alternative rural residential)
SUBDIVISION VARIANCE
Withdrawn
3
_
CONDITIONAL USE PERMIT
Granted
111/26/91
_alternative rural residential
4
03/15/82
SUBDIVISION VARIANCE
Denied
5
03/24/80
CONDITIONAL USE PERMIT (radio Granted
_
air lap ne club
_
6
10/09/78
CHANGE OF ZONING (AG-1 to RKtenied�
ZONING HISTORY
SIMPSON AND KNIGHT
Agenda Item # 7
Page 7
�ISCIOS JRE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation partnership, firm, business, or other unincorporated
organization, comple6a the following
1 List the applicant name followed by the names of all officers members, trustees,
partners, etc below (Attach 1W if necessary)
Steven W Simpson and Berry C Knk lit
2 List all businesses that hove a parent-subsdrery' or affiliated business enbW
relationship with the applicant (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization
PROPERTY OWNER DISCLOSURE
Convote MIS section ordy +f pnv" owner as a fewt from apphicant
If the property owner is a corporation, pa+tnerstnp, firm, business or other
unincorporated oWrittaton complete the Wbwtng
1 Llat the property owner name followed by the cremes of all officers, members,
trustees, partners, etc below (Attach test of ne essmy)
2 List all businesses that have a parent-eubadrary' or affiliated business entity,
relationship wfth the applicant (Attach list if necessary)
❑ Check here if the property owner is Nora corpwabon, partnership, firm, business,
or other unincorporated organization
a rSee next Page fa• raob+otes
ORddionar Use rre'^4 ADNIM o'i
Faye e a In
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SIMPSON AND KNIGHT
Agenda Item # 7
Page 8
DISCLOSURE STATEMENT
AMT10NAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, mcluding but not limited to the providers of architectural
services, real estate services, financial services, accounting services and legal
nerves (Attach hat if necessary)
Sykes, Bourdon Ahem & Levy, P C
The Specbs Group, Inr
' "Parent-subsidwry nslabonship" means -a relationship that exists when one
corporabon directly or Indirectly owns shares possessing more than 50 percent of the
vobng power of another corporation " See Stets and Local Government Conflict of
Interests Act Va Code § 2 2-3101
2 ,Afflrated business entity ealationship" means "a relationship. other than
parent -subsidiary relationship, that exists when (i) one business entity has a
contralkng ownership urtereai in the other business entity, (n) a controlling owner in
one entity Is also a controlling owner in the other 9". or (ifi) there is shared
managemerit or control between the business entities Factors that should be
considered in determining the existence of an aMWW business entity relatonship
inctude that the same person or stlbstandaty the am person own or manage the two
entities. there are common or commingled funds or assets. the business entities share
the use of the some otfims or employees or otherwise share activities. resources or
personnel on a regular basis, or there is otherwise a close workrq relabonship
between the entitles' See State and Local Govemment Conflict of Interests Act, Va
Code § 2 2-3101
CtcRTIFICAT)ON: I ixrtdy that the Information contained herein is true and accurete
I understand that, upon receipt of nobfieebon (postoard) that the application has been
scheduled for public hearbig. I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package
i. (. Sloven W Simpson
Appiiei�t i $qna Print Name
Barry D Knight
Pant Name
f,� WM.Onai U" Plm d aooirab
ft" i9of fe
PevAw W412e04
SIMPSON AND KNIGHT
Agenda Item # 7
Page 9
Item #7
Steven W Simpson & Barry D Knight
Conditional Use Permit
2000 Munden Point Road
District 7
Princess Anne
Octobei 12, 2005
CONSENT
William Din My next item is Item #7 This is Steven W Simpson and Barry D Knight
This is a request of the applicant foi a Conditional Use Permit for alternative residential
development on property located at 2000 Munden Point Road in the Princess Anne
District There are thiee conditions associated with this item Is there a representative
speaking on this item
Eddie Bourdon My apologies Mr Din Eddie Bourdon, a Virginia Beach attomey
representing the applicant Again, we greatly appreciate being placed on the consent
agenda All the conditions that are recommended by staff are more than acceptable to my
clients
William Din Thank you Mr Bourdon Mr Don Horsley will explain this issue
Donald Horsley We got a piece of property on Munden Point Road in the southern
section of Virginia Beach Probably many of you are familiar with Munden Point Road
It goes to Munden Point Park, which is a very nice park in the southern end of the City
But this piece of property consisting of 27 acres has one family dwelling To the Rural
Restdential Development Program, the Alternative Rural Development Program this
density can be increased to a maximum of three dwelling unus So, if you meet all the
guidelines, which we have eleven guidelines that have to be met, the City will look
favorable, most of the time, upon this type of development This application meets all
those guidelines It's kind of a unique piece of property and that the parcel is bordered by
the AQncultural Reserve Program The applicant has decided they didn't want to put their
property in the Agricultural Reserve Program, which is their right to do so They decided
to go this route By doing this, they are preserving approximately 17 acres of agricultural
land that probably entice someone who is in the horse industry to secure that piece of
property They have a common driveway, created a flag lot, which according to the
guidelines that they could have We had some calls but after it was explained nobody
ically had any objection to this We put it on the consent agenda and staff had a favorable
recommendation that we approve it today
William Din Thank You Don I'd like to make a motion to approve the following
consent item Item #7 Steven W Simpson and Bairy D Knight This is a request for a
Conditional Use Permit for altei native residential development on property located at
2000 Munden Point Road in the Princess Anne Distnci with three conditions
Item #7
Steven W Simpson & Bany D Knight
Page 2
Dorothy Wood Mr Knight
Bany Knight I need to abstain hom agenda Item #7 as I have a financial interest in that
Dorothy Wood Is that because your name is Barry Knight
Barry Knight Yes ma'am
Dorothy Wood Thank you
AYE 9 NAY 0 ABS I ABSENTI.
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
ABS
MILLER
ABSENT
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
Ed Weeden By a vote of 9-0, with the abstention so noted, the Board has approved Item
#7 for consent
Map G-7 Princess Anne Pro erties Inc.
MORFOfX--9UC2llEMN- - AR
I_264-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Princess Anne Properties, Inc. — Conditional Use Permit (car wash)
MEETING DATE: November 8, 2005
■ Background:
An Ordinance upon Application of Princess Anne Properties, Inc for a
Conditional Use Permit for a car wash on property located at 3397 Virginia Beach
Boulevard (GPIN 14878406360000) DISTRICT 3 — ROSE HALL
■ Considerations:
The applicant requests a Conditional Use Permit to allow redevelopment of the
site with a 24-hour, 5,500 square foot car wash and vacuum facility with six self-
service bays and two automatic bays The existing gas station will be
demolished and replaced with a single structure that will include both the self and
automated washing facilities
The site has been utilized for an automobile oriented use for many years and the
proposal is in conformance with the Comprehensive Plan's recommendations for
this area The proposed car wash facility is compatible with the existing retail and
other commercial uses in the vicinity, many of which are auto related This
redevelopment will provide several safety and aesthetic improvements
The ingress/egress for the site will be improved, from a safety standpoint, as the
proposed plan depicts closing the two existing access points closest to the
Virginia Beach Boulevard and North Plaza Trail intersection Traffic will flow one-
way on this site with ingress and egress points on both Virginia Beach Boulevard
and North Plaza Trail In an effort to ensure safe and efficient vehicular flow, the
application states that an on -site manager will be present to assist customers
during the hours of 9 00 a m and 5 00 p m at least seven day per week and until
8 00 p m on the busiest days
The Landscape Plan depicts plant material in excess of minimum standards and
will be a welcome upgrade to the intersection and the site The submitted sign
elevation depicts a 12-foot high sign The applicant is requesting this height,
which is in conformance with the Zoning Ordinance, as there is an existing large
electrical box at the intersection, in front of the sign's proposed location
The Planning Commission placed this item on the consent agenda because this
site has supported automotive type uses for many years and the applicant has
Princess Anne Properties, Inc
Page 2 of 3
worked with the staff to redesign the site plan to improve the aesthetic value and
traffic flow In addition, the applicant revised the architectural elevation in keeping
with the recommendation of the Planning Commission and agreed to remove the
changeable copy from the sign
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions
1 When the site is redeveloped, the site layout shall be in substantial
conformance with the plan entitled, 'Preliminary Site Plan of Freedom Wash
at Princess Anne Plaza," prepared by Engineering Services, Inc , dated
October 7, 2005 All structures must meet all setback requirements as
dictated by the City of Virginia Beach Zoning Ordinance
2 When constructed, the self service and automatic wash building shall
substantially adhere to the rendering entitled, "Freedom Wash," prepared by
Porterfield Design Center in terms of building materials and color scheme
3 The freestanding signor any other signage on the site or building shall not
contain changeable copy The free standing sign shall be in substantial
conformance with the sign depicted on the rendering entitled "Freedom
Wash," prepared by Porterfield Design Center
4 The landscaping to be installed shall be, at a minimum, as depicted on the
Landscape Plan entitled, "Landscape Plan, Freedom Wash at Princess Anne
Plaza," prepared by Engineering Services, Inc , dated August 25, 2005
Foundation landscaping shall be incorporated into the planting bed depicted
along the western fagade Said Landscaping Plan, depicting these
requirements, shall be submitted during final site plan review for review
5 Directional signs shall be installed on the site, both free standing and on the
pavement, as depicted on the Preliminary Site Plan Additional directional
signs may be installed as necessary and as permitted by the City of Virginia
Beach Zoning Ordinance
6 At least one (1) employee shall be present on site seven (7) days per week
during the hours of 9 00 a m and 5 00 p m and during any additional peak
hours of the operation
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Princess Anne Properties, Inc
Page 3 of 3
Recommended Action: Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency:
City Manager ` )L
Planning Department V
PRINCESS ANNE
PROPERTIES,
INC.
Agenda Item #15
October 12, 2005 Public Hearing
Staff Planner Barbara Duke
Princess Anne Properties, Inc.
�B-IIU:`
U�
_
_ 4
This application was deferred by the ' _ _i 2(-4 r
Planning Commission on September-
141h because the Commission had — Ci r - ca, ua.e
significant concerns regarding the appearance of the proposed glass car wash building The
applicants have revised the building elevations to include additional materials and features on the
building fagade as well as along the perimeter of the site. The applicants have reduced the
number of bays to six from the seven bays originally proposed
REQUEST -
Conditional Use Permit for a car wash
ADDRESS / DESCRIPTION: Property located 3397 Virginia Beach Boulevard
GPIN COUNCIL ELECTION DISTRICT- SITE SIZE
14878406360000 3 — ROSE HALL 0 691 acres
The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST
redevelopment of the site with a 24-hour, 5,500 square foot car
wash and vacuum facility with six self-service bays and two automatic bays The existing gas station will
be demolished and replaced with a single structure that will include both the self and automated washing
facilities
LAND USE AND ZONING INFORMATION
EXISTING LAND USE. non -operational fuel sales operation
SURROUNDING LAND North Virginia Beach Boulevard. restaurant, retail / B-2 Community
USE AND ZONING- Business District
South • Retail / B-2 Community Business District
East 0 Retail, restaurant / B-2 Community Business District
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 1
West . North Plaza Trail, retail / B-2 Community Business District
NATURAL RESOURCE AND The majority of the site is impervious and, as such, there are no
CULTURAL FEATURES significant environmental features on the property
AICUZ- The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceania
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP) Virginia
Beach Boulevard is an eight (8) lane, urban arterial roadway North Plaza Trail is a four (4) lane minor
arterial roadway Based on the 2003 Master Transportation Plan. the ultimate width of North Plaza Trail
is 100 feet The current width is only 90 feet There are no current roadway improvements planned
within the Capital Improvement Program for either roadway, however, based on traffic counts recently
collected at the intersection as well as review of an intersection capacity study, improvements to the
north bound Plaza Trail approach to the intersection are warranted A request for funding for a Traffic
Safety Improvements project will likely include a second northbound, left turn lane at North Plaza Trail
Name I Present
Capacity I Generated Traffic
Virginia Ceacn 4b,000 AU I I :J4,4VU AU I ti-evei or
Boulevard Service "C") — 56,240 ADT
(Level of Service' D")
North Plaza Trail ; 11,200 TAD13,600 ADT (L� Existing Land Use —
Service 'C") — 56,240 ADT 1.350 ADT
(Level of Service "D") Proposed Land Use 3-
400 ADT
' Average Daily Trips
' as defined by fuel sales
as defined by auto service and car wash
WATER There are both a six-inch and a ten -inch water main in South Plaza Trail fronting the site There is
also a 16-inch, a 20-inch and a 42-inch water main in Virginia Beach Boulevard This site must connect to City
water
SEWER. There is an eight -inch sanitary sewer main within a public utility easement that runs along the
southern boundary of the site City sanitary sewer service is available Sanitary sewer and pump station
analysis for pump station #504 will be required to determine if flows can be accommodated
The Comprehensive Plan recognizes this area as being within COMPREHENSIVE PLAN
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 2
the Primary Residential Area The land use planning policies and principles for the Primary Residential
Area focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area In a general sense, this means that 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
Staff recommends approval of this EVALUATION AND RECOMMENDATION
request subject to the conditions
listed below The site has been utilized for an automobile oriented use for many years and the proposal
is in conformance with the Comprehensive Plan's recommendations for this area The proposed car wash
facility is compatible with the existing retail and other commercial uses in the vicinity, many of which are
auto related This redevelopment will provide several safety and aesthetic improvements
The ingress/egress for the site will be improved, from a safety standpoint. as the proposed plan depicts
closing the two existing access points closest to the Virginia Beach Boulevard and North Plaza Trail
intersection Traffic will flow one- way on this site with ingress and egress points on both Virginia Beach
Boulevard and North Plaza Trail In an effort to ensure safe and efficient vehicular flow, the application
states that an on -site manager will be present to assist customers during the hours of 9 00 a m and 5 00
p m at least seven day per week and until 8 00 p m on the busiest days
The architectural design of the structure matches a similar operation approved by City Council on South
Independence Boulevard The Landscape Plan depicts plant material in excess of minimum standards
and will be a welcome upgrade to the intersection and the site as well The submitted sign elevation
depicts a 12-foot high sign The applicant is requesting this height, which is in conformance with the
Zoning Ordinance, as there is an existing large electrical box at the intersection, in front of the sign's
proposed location Staff is comfortable with the height of the sign
CONDITIONS
1 When the site is redeveloped, the site layout shall be in substantial conformance with the plan entitled,
"Preliminary Site Plan of Freedom Wash at Princess Anne Plaza." prepared by Engineering Services,
Inc , dated October 7, 2005 All structures must meet all setback requirements as dictated by the City
of Virginia Beach Zoning Ordinance
2 When constructed, the self service and automatic wash building shall substantially adhere to the
rendering entitled, 'Freedom Wash," prepared by Porterfield Design Center in terms of building
materials and color scheme
3 The free standing sign or any other signage on the site or building shall not contain changeable copy
The free standing sign shall be in substantial conformance with the sign depicted on the rendering
entitled "Freedom Wash," prepared by Porterfield Design Center
4 The landscaping to be installed shall be, at a minimum, as depicted on the Landscape Plan entitled,
"Landscape Plan, Freedom Wash at Princess Anne Plaza," prepared by Engineering Services. Inc ,
dated August 25. 2005 Foundation landscaping shall be incorporated into the planting bed depicted
along the western fagade Said Landscaping Plan, depicting these requirements, shall be submitted
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 3
during final site plan review for review
5 Directional signs shall be installed on the site, both free standing and on the pavement. as depicted on
the Preliminary Site Plan Additional directional signs may be installed as necessary and as permitted
by the City of Virginia Beach Zoning Ordinance
6 At least one (1) employee shall be present on site seven (7) days per week during the hours of 9 00
a m and 5 00 p m and during any additional peak hours of the operation
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 applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 4
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PROPOSED SITE AND LANDSCAPE PLAN
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 6
I
PROPOSED BUILDING RENDERING
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 7
Alap G-7 Princess Anne Properties, ni
` t ,
�_ NBRF9llF- ♦ • 4O['PXERN - _ --_ F
- Car
f 1 12/10/01 CONDITIONAL USE PERMIT (bulk Granted
storage)
01/22/90 CONDITIONAL USE PERMIT (bingo) Granted
2 10/02/01 CONDITIONAL USE PERMIT (fuel I Granted
sales)
04/24/01 CONDITIONAL USE PERMIT (auto Granted
service)
3 02/08/00 CONDITIONAL USE PERMIT Granted
(expansion of motor vehicle sales &
service)
02/22/94 CONDITIONAL USE PERMIT (motor Granted
vehicle sales & service)
01/11/88 CONDITIONAL USE PERMIT (motor Granted
vehicle sales & service)
4 12/09/97 CONDITIONAL USE PERMIT (fuel Granted
sales
ZONING HISTORY
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 8
5 09/08/92 CONDITIONAL USE PERMIT (auto Granted
_ Sales & service) _
6 05/22/84 CONDITIONAL USE PERMIT (auto Granted
sales)
06/10/85 Chanqe of Zoninq (1-2 to B-2) Granted
7 08/08/88 CONDITIONAL USE PERMIT (tower) I Granted
8 . 11/10/86 CONDITIONAL USE PERMIT (auto Granted
sales &service
ZONING HISTORY
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
It the applicant Is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following
1 List the applicant name followed by the names of all officers, members trustees,
partners, etc below (Attach hst if necessary)
_ bcoi((-df�;r� \\i12Q�cM - t,�n _. t• �---- _ _ _
---
2 List all businesses that have a parent -subsidiary or alfittated business entity`
relationship with the applicant (Attach list if necessary)
_ ke,„I, L; rp FAIsoW 3seiL. Xci-&,ry
❑ Check here If the applicant Is NOT a corporation, partnership, firm, business, or
other unincorporated organzation
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant
If the property owner Is a corporation, partnership, firm, business. or other
unincorporated organization, complete the following
1 List the property owner name followed by the naives of all officers, members,
trustees, partners, etc below (Attach list if necessary)
Pnncess Anne Properties Inc
Anarea M Kdrner, Vice ProsldenUSecmtery/Treasurer - - - - - -
Edward S Garcia President
Michael F Galardi Vice President —
2 List all businesses that have a parent -subsidiary' or of Bated business entity`
,elationship with the applicant (Attach list if necessary)
❑ Check here If the property owner Is NOT a corporation, partnership, firm business,
or other unincorporated organization
& Sep• , ext page for f)�tnotms
(, •ill ,d 11,0 rl) ,,,
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 10
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DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
Lis[ all known contractors or businesses that have or will provide services with respect
to the requested properly use, including but not limited to the providers of architectural
services, real estate services. financial services, accounting services and legal
services (Attach list if necessary)
--- — -- --- -
e
i "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation " See State and t ocal Government Conflict of
Interests Act, Va Code § 2 2-3101
"'Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (if) a controlling owner in
one entity is also a controlling owner in the other entity, or (tit) there is shared
management or control between the business entities Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities, there are common or commingled funds or assets, the business entities share
the use of the same offices or employees or otherwise share activities, rc: ,iurces or
personnel on a regular basis, or there is otherwise a close working relationship
between the entities " See State and Local Government Conflict of Interests Act, Va
Code § 2 2-3101
CERTIFICATION: I certify that the information contained herein is true and accurate
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for ( otaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package
Apr�3_
Stgnalure -- - - — --_-- Pnn' Nams
Property Owner t Sgnat•re if rli'icprit than gpph.nn I) V ` Pon: i9n•a
7!',— f ' f � l—t , -1
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 11
DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or vrill provide seances with respeol
to the requested property use, including but not baited to the providers of architectural
sarvices, real estate services financial services, accountniq services and legal
services (Attach list if necessary)
Basgier & Asscc•ates Ergmser
' 'Parant-subsidiary relahoishlp' means 'a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation' See State and Local Government Conflict of
Interests Act, Va Code § 2 2-3101
'Af Bated busmebs entity relationship' means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the aMr business entity (•il a cortrolling owner in
one entity is also a controiling owner in the other entity or (it) there is shared
management or control between the business entities Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substanfiaily the same person own or manage the two
entities, there are common or commingled funds cr assets the business entities share
the use of the same offices or employees or otherwise share act vibes resources or
personnel on a regular basis or there -s otherwise a rose woriiing relationship
between the entities' Soo State and Local Government Conflict of Interests Act, Va
Code § 2 2-3101
CERTIFICATION I certify that the information contained hereln Is true and accurate
I understand that, upon receipt of notitiu-rtion 1poslcardl that the application ties been
scheduled for public haam ig I am responsible for 3bairing and posting the required
sign on the subject property at least 30 days prior 'o the scheduled public hearing
mg to the irs6 uct one in tnis package
Andrea M Kllo'Jr
Ap nl'c Slgna ure "rm �Jarne
v P Andrea M Kilmer
Pruperty Owiter s Signature jd,r6l mnl than eCnii�nU Print Name — —�--
_�, ui,n, ai sae :•arm,• A:,VAaa,,,v
raga tic or 10
renz,wi w I.2ui 1
PRINCESS ANNE PROPERTIES
Agenda Item # 15
Page 12
Item #15
Princess Anne Properties, Inc
Conditional Use Pernut
3397 Virginia Beach Boulevard
District 3
Rose Hall
October 12, 2005
CONSENT
William Dm We'll move onto the next item, which is Item #15, Princess Anne
Properties, Inc This is a request for a Conditional Use Permit for a cat wash on property
located at 3397 Virginia Beach Boulevard in the Rose Hall District There are six
conditions associated with this item Welcome again Mr Bourdon
Eddie Bourdon Thank you very much Again, fot the record, Eddie Bourdon,
representing the applicant You all have the new conditions based on the new elevation
and site plan We greatly appreciate the opportunity to work with the staff and with you
all to get that to a better a product then we had last month
William Din Thank you Mr Bourdon
Dorothy Wood Thank you Tell your client that we really appreciate his willingness to
make it more attractive
Eddie Bourdon I've passed along to my client your good words from this morning
Dorothy Wood Thank you
William Din is there any objection to placing this item on consents If not, Mr Crabtree
will explain this item
Eugene Crabtree This piece at the corner of Virginia Beach Boulevard and North Plaza
Trail has been an automotive type business foi many years The existing gas station that
is theie now that the applicant wants to close and build a 23-hour car wash that will have
six service bays and two automatic bays They have gone to great extent to redesign the
building for this cornet to make it conform, to be a more aesthetic value to the
surrounding community It is in compliance with the Comprehensive Plan being adjacent
to a ptnnary residential zone They have also improved the ingress/egress entrances, both
on Virginia Beach Boulevard and Plaza Trail to stake it easy to get in and out of with
one-way uaffic on the ptopeity And with all these things plus the fact it is going to make
this corner look a lot better than as it sits today, we have put it on the consent agenda
William Dm Thank you Gene I'd like to make a motion to appiove the following
consent item Item #15 is Princess Anne Properties, Inc This is d request for a
Item #! 5
Princess Anne Properties, Inc.
Page
Condaional Use Permit for a car Wash located at 3397 Virginia Beach Boulevard in the
Rose Hall District with six conditions Do I have a second for that'
Donald Horlsey Second
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT 1
ABSENT
Ed Weeden By a vote of 10-0, the Board has approved Item # 15 for consent
Dorothy Wood Thank you
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach — amend Section 902 of the City Zoning Ordinance
(minimum lot width in the B-3A District)
MEETING DATE: November 8, 2005
■ Background:
An Ordinance to amend Section 902 of the City Zoning Ordinance pertaining to
minimum lot width in the B-3A Pembroke Central Business Core District
■ Considerations:
Currently, the minimum lot width in the B-3A Pembroke Central Business District
is 100 feet The proposed amendment reduces lot width to 65 feet The
Subdivision Ordinance requires corner lots to be an extra 10 feet in width
As plans proceed for Town Center, minor changes are needed to the City Zoning
Ordinance to accommodate ongoing development in this urban, pedestrian
oriented area. This proposed amendment is necessary to address subdivision
issues resulting from the development of the Sandler Center for the Performing
Arts The area of the Town Center block where the center is being developed
does not encompass the entire block In order to provide ownership of the theater
to the City, the theater parcel must be subdivided from the block, which will leave
two parcels that are below the minimum requirement of 100 feet in width for this
zoning district The proposed amendment reduces the minimum lot width to 65
feet, which staff believes is appropriate for this urban district
Although 100 feet is the typical required lot width in Virginia Beach business
districts, the Town Center represents a unique case since on -site parking,
loading spaces and vehicular entrances are not required on each lot Since on -
site parking, loading spaces, and vehicular entrances are not required, the need
for a full 100 feet of lot width to accommodate these features is not necessary
Only the lot width accommodating the building is necessary This is a condition
typical of urban downtowns An example found in Virginia Beach is at the
Oceanfront in the Resort Tourist zoning districts, an area urban in character.
where required minimum lot width for commercial uses is 50 feet Staff, however.
finds that the urban character of Town Center differs from the Oceanfront
significantly enough that a reduction to 50 feet would not be appropriate, thus, 65
feet in lot width for the Town Center is proposed
City of Virginia Beach
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
proposed 65-foot minimum lot width will work better in the urban environment of
Town Center
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request
■ Attachments:
Staff Review
Ordinance
Planning Commission Minutes
Recommended Action: Staff recommends approval Planning Commission recommends
approval q
Submitting Department/Age cy: Planning Department �} i
City Manager
S
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTION 902 OF THE
CITY ZONING ORDINANCE
Agenda Item # 13
October 12, 2005 Public Hearing
REQUEST
An Ordinance to amend Section 902 of the City Zoning Ordinance pertaining to the
minimum lot width in the B-3A Pembroke Central Business District
SUMMARY OF AMENDMENT
Currently, the minimum lot width in the B-3A
Pembroke Central Business District is 100 feet The proposed amendment reduces lot
width to 65 feet The Subdivision Ordinance requires corner lots to be an extra 10' in
width
RECOMMENDATION
As plans proceed for Town Center, minor changes are needed to the City Zoning
Ordinance to accommodate this urban, pedestrian oriented area Although 100' is the
typical required lot width in Virginia Beach business districts, Town Center is distinct
since on -site parking, loading spaces and vehicular entrances are not required on each
lot Town Center is a unique urban environment within the City of Virginia Beach and a
reduced lot width is appropriate for the type of mixed use, pedestrian oriented
development that is occurring Approval of the amendment is recommended
CITY OF VIRGINIA BEACH
Agenda Item # 13
Page 1
or,
16
17
1&
19
20
21
22
23
24
25
26
27
AN ORDINANCE TO AMEND SECTION 902 CF THE CITY
ZONING ORDNANCE PERTAINING TO MINIMUM LOT
WIDTH IN THE B-3A PEMBROKE CENTRA:., BUSINESS
CORE DISTRICT
SECTIONS AMENDED. CZO § 902
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CI_'Y OF VIRGINIA
BEACH, VIRGIN IA:
That Section 902 of the City Zon-ng Ordinance is hereby
amended and reordained, to read as follows:
ARTICLE 8. BUSINESS DISTRICTS
Sec. 902. Dimensional requirements.
(1) Minimum lot area in square feet.
(2) Minimum lot width in feet:*
(3) Minimum setback from a street in feet.
(4) :Maximum setback from a street in feet
There shall be no maximum setback
from a street for structures where
the total floor area consists of
residential use
1
B-3A B-4C
10,000 10,000
IGG 65 100
0 0
10 10
?8
*Where
applicable,
newly created corner lots must also adhere
29
to section
4.4(c) of
the Subdivision Ordinance, requiring
30
additional
lot width on
certain ewneL- corner lots.
c3M
32 COMMENT
K. This amendment decreases the lot width for lots in the Pembroke Central Business Core
34 District.
35
3E Adopted by the City Council of the City of Virginia Beach,
3i Virginia, on this day of 2005.
CA- 9743
CID/orders/proposed/czo902ord doc
R-3
September 13, 2005
APPROVED AS TO CONTENTS:
Pl ainning /
2
APPROVED AS TO LEGAL SUFFICIENCY:
City Aytarrey's Office
Item #13
City of Virginia Beach
An Ordinance to amend Section 902 of the City Zoning
Ordinance pertaining to minimum lot width in the
B-3A Pembroke Central Business Core District
October 12, 2005
CONSENT
William Din My next item is Item #13 This i, the City of Virginia Beach application to
amend Section 962 of the City's Zoning Ordinance pertaining to minimum lot width in
the B-3A Pembroke Central Business Core District There are no condition, associated
with this item since it is an amendment to a current section of the ordinance We have
asked Karen Lasley to explain this item
Karen Lasley Item #13 is an amendment to the Zoning Ordinance that reduces the
minimum lot width in the B-3A District And that is the Pembroke Central Core
Business District, which right now has a minimum lot width of t00 feet The amendment
reduces it to 65 feet Although in all Our other business districts, there is a minimum lot
width of 100 feet we find that is not working well in Town Center This is a unique
urban environment where each lot does not have onsite parking and loading spaces, and
truck access, and we find that a smaller lot width would be more appropnate in this
district We're recommending approval of this amendment
William Din Thank you Karen Is there any objection to placing this item on consent?
I'd like to make a motion to approve the following consent item Item #13 is the City of
Virginia Beach This is an ordinance to amend Section 902 of the City's Zoning
Ordinance pertaining to rmmmum lot width in the B-3A Pembroke Central Business Core
District
Donald Horlsey Second
AYE 10 NAY 0
ANDERSON
AYE
CRABTREE
AYE
DIN
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE.
MILLER
RIPLEY
AYE
STRANGE
AYE
WALLER
AYE
WOOD
AYE
ABS 0 ABSENT I
ABSENT
Ed Weeden By a vote of 10-0. the Board has approved Item #13 for consent
L APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
GOVERNANCE COMMITTEE FOR HISTORIC SITES
HISTORICAL REVIEW BOARD
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE- PPEA
PERSONNEL BOARD (Alternate,)
WETLANDS BOARD (Alternates)
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